Canada under British Rule 1760-1900 Part 3

Others believe that the number was larger, and that the revolutionary party was in a minority even after the declaration of independence. The greater number of the Loyalists were to be found in the present state of New York, where the capital was in possession of the British from September, 1776, until the evacuation in 1783. They were also the majority in Pennsylvania and the southern colonies of South Carolina and Georgia. In all the other states they represented a large minority of the best cla.s.s of their respective communities. It is estimated that there were actually from thirty to thirty-five thousand, at one time or other, enrolled in regularly organised corps, without including the bodies which waged guerilla warfare in South Carolina and elsewhere.

It is only within a decade of years that some historical writers in the United States have had the courage and honesty to point out the false impressions long entertained by the majority of Americans with respect to the Loyalists, who were in their way as worthy of historical eulogy as the people whose efforts to win independence were crowned with success. Professor Tyler, of Cornell University, points out that these people comprised "in general a clear majority of those who, of whatever grade of culture or of wealth, would now be described as conservative people." A clear majority of the official cla.s.s, of men representing large commercial interests and capital, of professional training and occupation, clergymen, physicians, lawyers and teachers, "seem to have been set against the ultimate measures of the revolution". He a.s.sumes with justice that, within this conservative cla.s.s, one may "usually find at least a fair portion of the cultivation, of the moral thoughtfulness, of the personal purity and honour, existing in the community to which they happen to belong." He agrees with Dr. John Fiske, and other historical writers of eminence in the United States, in comparing the Loyalists of 1776 to the Unionists of the southern war of secession from 1861 until 1865. They were "the champions of national unity, as resting on the paramount authority of the general government." In other words they were the champions of a United British Empire in the eighteenth century.

"The old colonial system," says that thoughtful writer Sir J.R. Seeley, "was not at all tyrannous; and when the breach came the grievances of which the Americans complained, though perfectly real, were smaller than ever before or since led to such mighty consequences." The leaders among the Loyalists, excepting a few rash and angry officials probably, recognised that there were grievances which ought to be remedied. They looked on the policy of the party in power in Great Britain as injudicious in the extreme, but they believed that the relations between the colonies and the mother-state could be placed on a more satisfactory basis by a spirit of mutual compromise, and not by such methods as were insidiously followed by the agitators against England. The Loyalists generally contended for the legality of the action of parliament, and were supported by the opinion of all high legal authorities; but the causes of difficulty were not to be adjusted by mere lawyers, who adhered to the strict letter of the law, but by statesmen who recognised that the time had come for reconsidering the relations between the colonies and the parent state, and meeting the new conditions of their rapid development and political freedom. These relations were not to be placed on an equitable and satisfactory basis by mob-violence and revolution. All the questions at issue were of a const.i.tutional character, to be settled by const.i.tutional methods.

Unhappily, English statesmen of that day paid no attention to, and had no conception of, the aspirations, sentiments and conditions of the colonial peoples when the revolutionary war broke out. The king wished to govern in the colonies as well as in the British Isles, and unfortunately the unwise a.s.sertion of his arrogant will gave dangerous men like Samuel Adams, more than once, the opportunity they wanted to stimulate public irritation and indignation against England.

It is an interesting fact, that the relations between Great Britain and the Canadian Dominion are now regulated by just such principles as were urged in the interests of England and her colonies a hundred and twenty years ago by Governor Thomas Hutchinson, a great Loyalist, to whom justice is at last being done by impartial historians in the country where his motives and acts were so long misunderstood and misrepresented. "Whatever measures," he wrote to a correspondent in England, "you may take to maintain the authority of parliament, give me leave to pray they may be accompanied with a declaration that it is not the intention of parliament to deprive the colonies of their subordinate power of legislation, nor to exercise the supreme power except in such cases and upon such occasions as an equitable regard to the interests of the whole empire shall make necessary." But it took three-quarters of a century after the coming of the Loyalists to realise these statesmanlike conceptions of Hutchinson in the colonial dominions of England to the north of the dependencies which she lost in the latter part of the eighteenth century.

Similar opinions were entertained by Joseph Galloway, Jonathan Boucher, Jonathan Odell, Samuel Seabury, Chief Justice Smith, Judge Thomas Jones, Beverley Robinson and other men of weight and ability among the Loyalists, who recognised the short-sightedness and ignorance of the British authorities, and the existence of real grievances. Galloway, one of the ablest men on the const.i.tutional side, and a member of the first continental congress, suggested a practical scheme of imperial federation, well worthy of earnest consideration at that crisis in imperial affairs. Eminent men in the congress of 1774 supported this statesmanlike mode of placing the relations of England and the colonies on a basis which would enable them to work harmoniously, and at the same time give full scope to the ambition and the liberties of the colonial communities thus closely united; but unhappily for the empire the revolutionary element carried the day. The people at large were never given an opportunity of considering this wise proposition, and the motion was erased from the records of congress. In its place, the people were asked to sign "articles of a.s.sociation" which bound them to cease all commercial relations with England. Had Galloway's idea been carried out to a successful issue, we might have now presented to the world the n.o.ble spectacle of an empire greater by half a continent and seventy-five millions of people.

But while Galloway and other Loyalists failed in their measures of adjusting existing difficulties and remedying grievances, history can still do full justice to their wise counsel and resolute loyalty, which refused to a.s.sist in tearing the empire to fragments. These men, who remained faithful to this ideal to the very bitter end, suffered many indignities at the hands of the professed lovers of liberty, even in those days when the questions at issue had not got beyond the stage of legitimate argument and agitation. The courts of law were closed and the judges prevented from fulfilling their judicial functions. No cla.s.s of persons, not even women, were safe from the insults of intoxicated ruffians. The clergy of the Church of England were especially the object of contumely.

During the war the pa.s.sions of both parties to the controversy were aroused to the highest pitch, and some allowance must be made for conditions which were different from those which existed when the questions at issue were still matters of argument. It is impossible in times of civil strife to cool the pa.s.sions of men and prevent them from perpetrating cruelties and outrages which would be repugnant to their sense of humanity in moments of calmness and reflection. Both sides, more than once, displayed a hatred of each other that was worthy of the American Iroquois themselves. The legislative bodies were fully as vindictive as individuals in the persecution of the Loyalists.

Confiscation of estate, imprisonment, disqualification for office, banishment, and even death in case of return from exile, were among the penalties to which these people were subject by the legislative acts of the revolutionary party.

If allowance can be made for the feelings of revenge and pa.s.sion which animate persons under the abnormal conditions of civil war, no extenuating circ.u.mstances appear at that later period when peace was proclaimed and congress was called upon to fulfil the terms of the treaty and recommend to the several independent states the restoration of the confiscated property of Loyalists. Even persons who had taken up arms were to have an opportunity of receiving their estates back on condition of refunding the money which had been paid for them, and protection was to be afforded to those persons during twelve months while they were engaged in obtaining the restoration of their property.

It was also solemnly agreed by the sixth article of the treaty that there should be no future confiscations or prosecutions, and that no person should "suffer any future loss or damage, either in his person, liberty or property," for the part he might have taken in the war. Now was the time for generous terms, such terms as were even shown by the triumphant North to the rebellious South at the close of the war of secession. The recommendations of congress were treated with contempt by the legislatures in all the states except in South Carolina, and even there the popular feeling was entirely opposed to any favour or justice being shown to the beaten party. The sixth article of the treaty, a solemn obligation, was violated with malice and premeditation. The Loyalists, many of whom had returned from Great Britain with the hope of receiving back their estates, or of being allowed to remain in the country, soon found they could expect no generous treatment from the successful republicans. The favourite Whig occupation of tarring and feathering was renewed. Loyalists were warned to leave the country as soon as possible, and in the south some were shot and hanged because they did not obey the warning. The Loyalists, for the most part, had no other course open to them than to leave the country they still loved and where they had hoped to die.

The British government endeavoured, so far as it was in its power, to compensate the Loyalists for the loss of their property by liberal grants of money and land, but despite all that was done for them the majority felt a deep bitterness in their hearts as they landed on new sh.o.r.es of which they had heard most depressing accounts. More than thirty-five thousand men, women and children, made their homes within the limits of the present Dominion. In addition to these actual American Loyalists, there were several thousands of negroes, fugitives from their owners, or servants of the exiles, who have been generally counted in the loose estimates made of the migration of 1783, and the greater number of whom were at a later time deported from Nova Scotia to Sierra Leone. Of the exiles at least twenty-five thousand went to the maritime colonies, and built up the province of New Brunswick, where representative inst.i.tutions were established in 1784. Of the ten thousand people who sought the valley of the St Lawrence, some settled in Montreal, at Chambly, and in parts of the present Eastern Townships, but the great majority accepted grants of land on the banks of the St.

Lawrence--from River Beaudette, on Lake St. Francis, as far as the beautiful Bay of Quinte--in the Niagara District, and on the sh.o.r.es of Lake Erie. The coming of these people, subsequently known by the name of "U.E. Loyalists"--a name appropriately given to them in recognition of their fidelity to a United Empire--was a most auspicious event for the British-American provinces, the greater part of which was still a wilderness. As we have seen in the previous chapters, there was in the Acadian provinces, afterwards divided into New Brunswick and Nova Scotia, a British population of only some 14,000 souls, mostly confined to the peninsula. In the valley of the St. Lawrence there was a French population of probably 100,000 persons, dwelling chiefly on the banks of the St. Lawrence between Quebec and Montreal. The total British population of the province of Quebec did not exceed 2000, residing for the most part in the towns of Quebec and Montreal. No English people were found west of Lake St. Louis; and what is now the populous province of Ontario was a mere wilderness, except where loyal refugees had gathered about the English fort at Niagara, or a few French settlers had made homes for themselves on the banks of the Detroit River and Lake St.

Clair. The migration of between 30,000 and 40,000 Loyalists to the maritime provinces and the valley of the St. Lawrence was the saving of British interests in the great region which England still happily retained in North America.

The refugees who arrived in Halifax in 1783 were so numerous that hundreds had to be placed in the churches or in cabooses taken from the transports and ranged along the streets. At Guysborough, in Nova Scotia--so named after Sir Guy Carleton--the first village, which was hastily built by the settlers, was destroyed by a bush fire, and many persons only saved their lives by rushing into the sea. At Shelburne, on the first arrival of the exiles, there were seen "lines of women sitting on the rocky sh.o.r.e and weeping at their altered condition." Towns and villages, however, were soon built for the accommodation of the people.

At Shelburne, or Port Roseway--anglicised from the French _Razoir_--a town of fourteen thousand people, with wide streets, fine houses, some of them containing furniture and mantel-pieces brought from New York, arose in two or three years. The name of New Jerusalem had been given to the same locality some years before, but it seemed a mockery to the Loyalists when they found that the place they had chosen for their new home was quite unsuited for settlement. A beautiful harbour lay in front, and a rocky country unfit for farmers in the rear of their ambitious town, which at one time was the most populous in British North America. In the course of a few years the place was almost deserted, and sank for a time into insignificance. A pretty town now nestles by the side of the beautiful and s.p.a.cious harbour which attracted the first too hopeful settlers; and its residents point out to the tourist the sites of the buildings of last century, one or two of which still stand, and can show many doc.u.ments and relics of those early days.

Over twelve thousand Loyalists, largely drawn from the disbanded loyal regiments of the old colonies, settled in New Brunswick. The name of Parrtown was first given, in honour of the governor of Nova Scotia, to the infant settlement which became the city of St. John, in 1785, when it was incorporated. The first landing of the loyal pioneers took place on the 18th of May, 1783, at what is now the Market Slip of this interesting city. Previous to 1783, the total population of the province did not exceed seven hundred souls, chiefly at Maugerville and other places on the great river. The number of Loyalists who settled on the St. John River was at least ten thousand, of whom the greater proportion were established at the mouth of the river, which was the base of operations for the peopling of the new province. Some adventurous spirits took possession of the abandoned French settlements at Grimross and St. Anne's, where they repaired some ruined huts of the original Acadian occupants, or built temporary cabins. This was the beginning of the settlement of Fredericton, which four years later became the political capital on account of its central position, its greater security in time of war, and its location on the land route to Quebec.

Many of the people spent their first winter in log-huts, bark camps, and tents covered with spruce, or rendered habitable only by the heavy banks of snow which were piled against them. A number of persons died through exposure, and "strong, proud men"--to quote the words of one who lived in those sorrowful days--"wept like children and lay down in their snow-bound tents to die."

A small number of loyal refugees had found their way to the valley of the St. Lawrence as early as 1778, and obtained employment in the regiments organised under Sir John Johnson and others. It was not until 1783 and 1784 that the large proportion of the exiles came to Western Canada. They settled chiefly on the northern banks of the St. Lawrence, in what are now the counties of Glengarry, Stormont, Dundas, Grenville, Leeds, Frontenac, Addington, Lennox, Hastings and Prince Edward, where their descendants have acquired wealth and positions of honour and trust. The first township laid out in Upper Canada, now Ontario, was Kingston. The beautiful Bay of Quinte is surrounded by a country full of the memories of this people, and the same is true of the picturesque district of Niagara.

Among the Loyalists of Canada must also be honourably mentioned Joseph Brant (Thayendanega), the astute and courageous chief of the Mohawks, the bravest nation of the Iroquois confederacy, who fought on the side of England during the war. At its close he and his people settled in Canada, where they received large grants from the government, some in a township by the Bay of Quinte, which still bears the Indian t.i.tle of the great warrior, and the majority on the Grand River, where a beautiful city and county perpetuate the memory of this loyal subject of the British crown. The first Anglican church built in Upper Canada was that of the Mohawks, near Brantford, and here the church bell first broke the silence of the illimitable forest.

The difficulties which the Upper Canadian immigrants had to undergo before reaching their destination were much greater than was the case with the people who went direct in ships from American ports to Halifax and other places on the Atlantic coast. The former had to make toilsome journeys by land, or by _bateaux_ and canoes up the St. Lawrence, the Richelieu, the Genesee, and other streams which gave access from the interior of the United States to the new Canadian land. The British government did its best to supply the wants of the population suddenly thrown upon its charitable care, but, despite all that could be done for them in the way of food and means of fighting the wilderness, they suffered naturally a great deal of hardship. The most influential immigration found its way to the maritime provinces, where many received congenial employment and adequate salaries in the new government of New Brunswick. Many others, with the wrecks of their fortunes or the pecuniary aid granted them by the British government, were able to make comfortable homes and cultivate estates in the valleys of the St. John and Annapolis, and in other fertile parts of the lower provinces. Of the large population that founded Shelburne a few returned to the United States, but the greater number scattered all over the provinces. The settlers in Upper Canada had to suffer many trials for years after their arrival, and especially in a year of famine, when large numbers had to depend on wild fruits and roots. Indeed, had it not been for the fish and game which were found in some, but not in all, places, starvation and death would have been the lot of many hundreds of helpless people.

Many of the refugees could trace their descent to the early immigration that founded the colonies of Plymouth and Ma.s.sachusetts Bay. Some were connected with the Cavalier and Church families of Virginia. Others were of the blood of persecuted Huguenots and German Protestants from the Rhenish or Lower Palatinate. Not a few were Highland Scotchmen, who had been followers of the Stuarts, and yet fought for King George and the British connection during the American revolution. Among the number were notable Anglican clergymen, eminent judges and lawyers, and probably one hundred graduates of Harvard, Yale, King's, Pennsylvania, and William and Mary Colleges. In the records of industrial enterprise, of social and intellectual progress, of political development for a hundred years, we find the names of many eminent men, sprung from these people, to whom Canada owes a deep debt of grat.i.tude for the services they rendered her in the most critical period of her chequered history.

CHAPTER IV.

DEVELOPMENT OF REPRESENTATIVE INSt.i.tUTIONS (1784--1812).

SECTION I--Beginnings of the provinces of New Brunswick, Lower Canada and Upper Canada.

On the 16th August, 1784, as a consequence of the coming of over ten thousand Loyalists to the valley of the St. John River, a new province was formed out of that portion of the ancient limits of Acadia, which extended northward from the isthmus of Chignecto to the province of Quebec, and eastward from the uncertain boundary of the St. Croix to the Gulf of St. Lawrence. It received its present name in honour of the Brunswick-Luneburg or Hanoverian line which had given a royal dynasty to England, and its first governor was Colonel Thomas Carleton, a brother of the distinguished governor-general, whose name is so intimately a.s.sociated with the fortunes of Canada during a most critical period of its history. The first executive council, which was also the legislative council, comprised some of the most eminent men of the Loyalist migration. For instance, George Duncan Ludlow; who had been a judge of the supreme court of New York; Jonathan Odell, the famous satirist and divine; William Hazen, a merchant of high reputation, who had large interests on the St. John River from 1763, and had proved his fidelity to the crown at a time when his countrymen at Maugerville were disposed to join the revolutionary party; Gabriel G. Ludlow, previously a colonel in a royal regiment; Edward Winslow, Daniel Bliss and Isaac Allen, all of whom had borne arms in the royal service and had suffered the loss of valuable property, confiscated by the successful rebels.

The const.i.tution of 1784 provided for an a.s.sembly of twenty-six members who were elected in 1785, and met for the first time on the 3rd of January, 1786, at the Mallard House, a plain two-storey building on the north side of King Street. The city of St. John ceased to be the seat of government in 1787, when the present capital, Fredericton, first known as St. Anne's, was chosen. Of the twenty-six members elected to this a.s.sembly, twenty-three were Loyalists, and the same cla.s.s necessarily continued for many years to predominate in the legislature. The first speaker was Amos Botsford, the pioneer of the Loyalist migration to New Brunswick, whose grandson occupied the same position for a short time in the senate of the Dominion of Canada.

Coming to the province of Lower Canada we find it contained at this time a population of about a hundred thousand souls, of whom six thousand lived in Quebec and Montreal respectively. Only two thousand English-speaking persons resided in the province, almost entirely in the towns. Small as was the British minority, it continued that agitation for an a.s.sembly which had been commenced long before the pa.s.sage of the Quebec act. A nominated council did not satisfy the political ambition of this cla.s.s, who obtained little support from the French Canadian people. The objections of the latter arose from the working of the act itself. Difficulties had grown up in the administration of the law, chiefly in consequence of its being entrusted exclusively to men acquainted only with English jurisprudence, and not disposed to comply with the letter and intention of the imperial statute. As a matter of practice, French law was only followed as equity suggested; and the consequence was great legal confusion in the province. A question had also arisen as to the legality of the issue of writs of _habeas corpus_, and it was eventually necessary to pa.s.s an ordinance to remove all doubts on this important point.

The Loyalist settlers on the St. Lawrence and Niagara Rivers sent a pet.i.tion in 1785 to the home government, praying for the establishment of a new district west of the River Beaudette "with the blessings of British laws and British government, and of exemption from French tenure of property." While such matters were under the consideration of the imperial authorities, Sir Guy Carleton, once more governor-general of Canada, and lately raised to the peerage as Lord Dorchester, established, in 1788, five new districts for the express object of providing for the temporary government of the territory where the Loyalists had settled. These districts were known as Luneburg, Mecklenburg, Na.s.sau and Hesse, in the western country, and Gaspe in the extreme east of the province of Quebec, where a small number of the same cla.s.s of people had also found new homes. Townships, ranging from eighty to forty thousand acres each, were also surveyed within these districts and parcelled out with great liberality among the Loyalists. Magistrates wore appointed to administer justice with the simplest possible machinery at a time when men trained in the law were not available.

The grants of land made to the Loyalists and their children were large, and in later years a considerable portion pa.s.sed into the hands of speculators who bought them up at nominal sums. It was in connection with these grants that the name of "United Empire Loyalists" originated.

An order-in-council was pa.s.sed on the 9th of November, 1780, in accordance with the wish of Lord Dorchester "to put a mark of honour upon the families who had adhered to the _unity of the empire_ and joined the royal standard in America before the treaty of separation in 1783." Accordingly the names of all persons falling under this designation were to be recorded as far as possible, in order that "their posterity may be discriminated from future settlers in the parish lists and rolls of militia of their respective districts, and other public remembrances of the province."

The British cabinet, of which Mr. Pitt, the famous son of the Earl of Chatham, was first minister, now decided to divide the province of Quebec into two districts, with separate legislatures and governments.

Lord Grenville, while in charge of the department of colonial affairs, wrote in 1789 to Lord Dorchester that the "general object of the plan is to a.s.similate the const.i.tution of the province to that of Great Britain as nearly as the differences arising from the names of the people and from the present situation of the province will admit." He also emphatically expressed the opinion that "a considerable degree of attention is due to the prejudices and habits of the French inhabitants, and every degree of caution should be used to continue to them the enjoyment of those civil and religious rights which were secured to them by the capitulation of the province, or have since been granted by the liberal and enlightened spirit of the British government." When the bill for the formation of the two provinces of Upper Canada and Lower Canada came before the house of commons, Mr. Adam Lymburner, an influential merchant of Quebec, appeared at the Bar and ably opposed the separation "as dangerous in every point of view to British interests in America, and to the safety, tranquillity and prosperity of the inhabitants of the province of Quebec" He pressed the repeal of the Quebec act in its entirety and the enactment of a perfectly new const.i.tution "unclogged and unembarra.s.sed with any laws prior to this period" He professed to represent the views "of the most intelligent and respectable of the French Canadians"; but their antagonism was not directed against the Quebec act in itself, but against the administration of the law, influenced as this was by the opposition of the British people to the French civil code. Nor does it appear, as Mr. Lymburner a.s.serted, that the western Loyalists were hostile to the formation of two distinct provinces. He represented simply the views of the English-speaking inhabitants of Lower Canada, who believed that the proposed division would place them in a very small minority in the legislature and, as the issue finally proved, at the mercy of the great majority of the French Canadian representatives, while on the other hand the formation of one large province extending from Gaspe to the head of the great lakes would ensure an English representation sufficiently formidable to lessen the danger of French Canadian domination. However, the British government seems to have been actuated by a sincere desire to do justice to the French Canadians and the Loyalists of the upper province at one and the same time. When introducing the bill in the house of commons on the 7th March, 1791, Mr. Pitt expressed the hope that "the division would remove the differences of opinion which had arisen between the old and new inhabitants, since each province would have the right of enacting laws desired in its own house of a.s.sembly." He believed a division to be essential, as "otherwise he could not reconcile the clashing interests known to exist." Mr. Burke was of opinion that "to attempt to amalgamate two populations composed of races of men diverse in language, laws and customs, was a complete absurdity", and he consequently approved of the division. Mr. Fox, from whom Burke became alienated during this debate, looked at the question in an entirely different light and was strongly of opinion that "it was most desirable to see the French and English inhabitants coalesce into one body, and the different distinctions of people extinguished for ever."

The Const.i.tutional act of 1791 established in each province a legislative council and a.s.sembly, with powers to make laws. The legislative council was to be appointed by the king for life, in Upper Canada it was to consist of not less than seven, and in Lower Canada of not less than fifteen members. The sovereign might, if he thought proper, annex hereditary t.i.tles of honour to the right of being summoned to the legislative council in either province--a provision which was never brought into operation. The whole number of members in the a.s.sembly of Upper Canada was not to be less than sixteen; in Lower Canada not less than fifty--to be chosen by a majority of votes in either case. The British parliament reserved to itself the right of levying and collecting customs-duties, for the regulation of navigation and commerce to be carried on between the two provinces, or between either of them and any other part of the British dominions or any foreign country. Parliament also reserved the power of directing the payment of these duties, but at the same time left the exclusive apportionment of all moneys levied in this way to the legislature, which could apply them to such public uses as it might deem expedient. The free exercise of the Roman Catholic religion was guaranteed permanently.

The king was to have the right to set apart, for the use of the Protestant clergy in the colony, a seventh part of all uncleared crown lands. The governor might also be empowered to erect parsonages and endow them, and to present inc.u.mbents or ministers of the Church of England. The English criminal law was to obtain in both provinces.

In the absence of Lord Dorchester in England, the duty devolved on Major-General Alured Clarke, as lieutenant-governor, to bring the Lower Canadian const.i.tution into force by a proclamation on the 18th February, 1791. On the 7th May, in the following year, the new province of Lower Canada was divided into fifty electoral districts, composed of twenty-one counties, the towns of Montreal and Quebec, and the boroughs of Three Rivers and William Henry (now Sorel). The elections to the a.s.sembly took place in June, and a legislative council of fifteen influential Canadians was appointed. The new legislature was convoked "for the despatch of business" on the 17th December, in the same year, in an old stone building known as the Bishop's Palace, which stood on a rocky eminence in the upper town of the old capital.

Chief Justice Smith took the chair of the legislative council under appointment by the crown, and the a.s.sembly elected as its speaker Mr.

Joseph Antome Panet, an eminent advocate, who was able to speak the two languages. In the house there were only sixteen members of British origin--and in later parliaments there was even a still smaller representation--while the council was nearly divided between the two nationalities. When the house proceeded to business, one of its first acts was to order that all motions, bills and other proceedings should be put in the two languages. We find in the list of French Canadian members of the two houses representatives of the most ancient and distinguished families of the province. A descendant of Pierre Boucher, governor of Three Rivers in 1653, and the author of a rare history of Canada, sat in the council of 1792 just as a Boucherville sits now-a-days in the senate of the Dominion. A Lotbiniere had been king's councillor in 1680. A Chaussegros de Lery had been an engineer in the royal colonial corps; a Lanaudiere had been an officer in the Carignan regiment in 1652; a Salaberry was a captain in the royal navy, and his family won further honours on the field of Chateauguay in the war of 1812-15, when the soil of Lower Canada was invaded. A Taschereau had been a royal councillor in 1732. The names of Belestre, Valtric, Bonne, Rouville, St. Ours, and d.u.c.h.esnay, are often met in the annals of the French regime, and show the high character of the representation in the first parliament of Lower Canada.

The village of Newark was chosen as the capital of Upper Canada by Colonel (afterwards Major-General) Simcoe, the first lieutenant-governor of the province. He had served with much distinction during the revolution as the commander of the Queen's Rangers, some of whom had settled in the Niagara district. He was remarkable for his decision of character and for his ardent desire to establish the principles of British government in the new province. He was a sincere friend of the Loyalists, whose attachment to the crown he had had many opportunities of appreciating during his career in the rebellious colonies, and, consequently, was an uncompromising opponent of the new republic and of the people who were labouring to make it a success on the other side of the border. The new parliament met in a wooden building nearly completed on the sloping bank of the river, at a spot subsequently covered by a rampart of Fort George, which was constructed by Governor Simcoe on the surrender of Fort Niagara. A large boulder has been placed on the top of the rampart to mark the site of the humble parliament house of Upper Canada, which had to be eventually demolished to make place for new fortifications. The sittings of the first legislature were not unfrequently held under a large tent set up in front of the house, and having an interesting history of its own, since it had been carried around the world by the famous navigator, Captain Cook.

As soon as Lieutenant-Governor Simcoe a.s.sumed the direction of the government, he issued a proclamation dividing the province of Upper Canada into nineteen counties, some of winch were again divided into ridings for the purpose of electing the sixteen representatives to which the province was ent.i.tled under the act of 1791. One of the first acts of the legislature was to change the names of the divisions, proclaimed in 1788, to Eastern, Midland, Home, and Western Districts, which received additions in the course of years until they were entirely superseded by the county organisations. These districts were originally intended for judicial and legal purposes.

The legislature met under these humble circ.u.mstances at Newark on the 17th September, 1792. Chief Justice Osgoode was the speaker of the council, and Colonel John Macdonell, of Aberchalder, who had gallantly served in the royal forces during the revolution, was chosen presiding officer of the a.s.sembly. Besides him, there were eleven Loyalists among the sixteen members of the lower house. In the council of nine members there were also several Loyalists, the most prominent being the Honourable Richard Cartwright, the grandfather of the minister of trade and commerce in the Dominion ministry of 1896-1900.

SECTION 2.--Twenty years of political development (1792-1812).

The political conditions of the two decades from 1792 until 1812, when war broke out between England and the United States, were for the greater part of the time quite free from political agitation, and the representatives of the people in both the provinces of Canada were mostly occupied with the consideration of measures of purely provincial and local import. Nevertheless a year or two before the close of this period we can see in the province of Lower Canada premonitions of that irrepressible conflict between the two houses--one elected by the people and the other nominated by and under the influence of the crown--which eventually clogged the machinery of legislation. We can also see the beginnings of that strife of races which ultimately led to bloodshed and the suspension of the const.i.tution given to Lower Canada in 1791.

In 1806 _Le Canadien_, published in the special interest of "Nos inst.i.tutions, notre langue, et nos lois," commenced that career of bitter hostility to the government which steadily inflamed the antagonism between the races. The arrogance of the princ.i.p.al officials, who had the ear of the governor, and practically engrossed all the influence in the management of public affairs, alienated the French Canadians, who came to believe that they were regarded by the British as an inferior race. As a matter of fact, many of the British inhabitants themselves had no very cordial feelings towards the officials, whose social exclusiveness offended all who did not belong to their special "set." In those days the princ.i.p.al officials were appointed by the colonial office and the governor-general, and had little or no respect for the a.s.sembly, on which they depended in no wise for their continuance in office or their salaries. The French Canadians eventually made few distinctions among the British but looked on them as, generally speaking, enemies to their inst.i.tutions.

It was unfortunate, at a time when great discretion and good temper were so essential, that Sir James Craig should have been entrusted with the administration of the government of Lower Canada. The critical state of relations with the United States no doubt influenced his appointment, which, from a purely military point of view, was excellent. As it was, however, his qualities as a soldier were not called into requisition, while his want of political experience, his utter incapacity to understand the political conditions of the country, his supreme indifference to the wishes of the a.s.sembly, made his administration an egregious failure. Indeed it may he said that it was during his time that the seed was sown for the growth of that political and racial antagonism which led to the rebellion of 1837. It is not possible to exaggerate the importance of the consequences of his unjustifiable dismissal of Mr. Speaker Panet, and other prominent French Canadians, from the militia on the ground that they had an interest in the _Canadien_, or of his having followed up this very indiscreet act by the unwarrantable arrest of Mr. Bedard and some other persons, on the charge that they were the authors or publishers of what he declared to be treasonable writings. It is believed that the governor's action was largely influenced by the statements and advice of Chief Justice Sewell, the head of the legislative council and the official cla.s.s. Several persons were released when they expressed regret for the expression of any opinions considered extreme by the governor and his advisers, but Mr. Bedard remained in prison for a year rather than directly or indirectly admit that the governor had any justification for his arbitrary act Sir James attempted to obtain the approval of the home government; but his agent, a Mr. Ryland, a man of ability and suavity, prominent always in the official life of the country, signally failed to obtain the endors.e.m.e.nt of his master's action. He was unable to secure a promise that the const.i.tution of 1791 should be repealed, and the legislative council of the Quebec act again given the supremacy in the province. Mr. Bedard was released just before the governor left the country, with the declaration that "his detention had been a matter of precaution and not of punishment"--by no means a manly or graceful withdrawal from what was a.s.suredly a most untenable position from the very first moment Mr. Bedard was thrown into prison. Sir James Craig left the province a disappointed man, and died in England a few months after his return, from the effects of an incurable disease to which he had been a victim for many years. He was hospitable, generous and charitable, but the qualities of a soldier dominated all his acts of civil government.

In the other provinces, happily, there were no racial differences to divide the community and aggravate those political disputes that are sure to arise in the working of representative inst.i.tutions in a British country. In Upper Canada for years the questions under discussion were chiefly connected with the disposal of the public lands, which in early times were too lavishly granted by Simcoe; and this led to the bringing in for a while of some undesirable immigrants from the United States --undesirable because they were imbued with republican and levelling ideas by no means favourable to the development and stability of English inst.i.tutions of government. One of the first acts of the legislature was the establishment of courts of law and equity, in accordance with the practice and principles of English jurisprudence. Another very important measure was one for the legalisation of marriages which had been irregularly performed during early times in the absence of the clergy of the Anglican Church by justices of the peace, and even the officers in charge of military posts. Magistrates were still allowed to perform the marriage ceremony according to the ritual of the Church of England, when the services of a clergyman of that denomination were not available. Not until 1830 were more liberal provisions pa.s.sed and the clergy of any recognised creed permitted to unite persons legally in wedlock.

It was in the second session of the first parliament of Upper Canada, where the Loyalists were in so huge a majority, that an act was pa.s.sed "to prevent the further introduction of slaves and to limit the term of contract for servitude within this province." A considerable number of slave servants accompanied their Loyalist masters to the provinces at the end of the war, and we find for many years after in the newspapers advertis.e.m.e.nts relating to runaway servants of this cla.s.s. The Loyalists in the maritime provinces, like the same cla.s.s in Upper Canada, never gave their approval to the continuance of slavery. So early as 1800 some prominent persons brought before the supreme court of New Brunswick the case of one Nancy Morton, a slave, on a writ of _habeas corpus_; and her right to freedom was argued by Ward Chipmim, one of the Loyalist makers of New Brunswick. Although the argument in this case was not followed by a judicial conclusion--the four judges being divided in opinion--slavery thereafter practically ceased to exist, not only in New Brunswick, but in the other maritime provinces, leaving behind it a memory so faint, that the mere suggestion that there ever was a slave in either of these provinces is very generally received with surprise, if not with incredulity.

The early history of representative government in Prince Edward Island is chiefly a dull narrative of political conflict between the governors and the a.s.semblies, and of difficulties and controversies arising out of the extraordinary concessions of lands to a few proprietors, who generally infringed the conditions of their grants and r.e.t.a.r.ded the settlement of the island. In New Brunswick the legislature was entirely occupied with the consideration of measures for the administration of justice and local affairs in an entirely new country. Party government had not yet declared itself, and the Loyalists who had founded the province controlled the legislature for many years until a spirit of liberalism and reform found full expression and led to the enlargement of the public liberty.

In Nova Scotia the Loyalists gradually acquired considerable influence in the government of the province, as the imperial authorities felt it inc.u.mbent on them to provide official positions for those men who had sacrificed so much for the empire. Their power was increased after the arrival of Governor John Wentworth--afterwards made a baronet--who had been the royal governor of New Hampshire, and had naturally a strong antipathy to democratic principles in any form. In his time there grew up an official oligarchy, chiefly composed of members of the legislative council, then embodying within itself executive, legislative and judicial powers. A Liberal party soon arose in Nova Scotia, not only among the early New England settlers of the time of Governor Lawrence, but among the Loyalists themselves, for it is inevitable that wherever we find an English people, the spirit of popular liberty and the determination to enjoy self-government in a complete sense will sooner or later a.s.sert itself among all cla.s.ses of men. The first prominent leader of the opposition to the Tory methods of the government was one William Cottnam Tonge, who was for some years in the employ of the naval department. Sir John Wentworth carried his hostility to the extent of dismissing him from his naval office and also of refusing to accept him as speaker of the a.s.sembly--the first example in colonial history of an extreme exercise of the royal prerogative by a governor. Mr. Tonge's only crime appears to have been his bold a.s.sertion from time to time of the privileges of the house of a.s.sembly, as the guardian of the revenues and expenditures, against the interference of the governor and council.

We find in Nova Scotia, as in the other provinces, during the period in question, the elements of perpetual discord, which found more serious expression after the war of 1812-15, and led to important const.i.tutional changes.

The governors of those times became, from the very nature of their position, so many provincial autocrats, brought constantly into conflict with the popular body, and unable to conceive any system of government possible that did not place the province directly under the control of the imperial authorities, to whom appeals must be made in the most trivial cases of doubt or difficulty. The representative of the crown brooked no interference on the part of the a.s.sembly with what he considered his prerogatives and rights, and as a rule threw himself into the arms of the council, composed of the official oligarchy. In the course of time, the whole effort of the Liberal or Reform party, which gathered strength after 1815, was directed against the power of the legislative council. We hear nothing in the a.s.semblies or the literature of the period under review in advocacy of the system of parliamentary or responsible government which was then in existence in the parent state and which we now enjoy in British North America. In fact, it was not until the beginning of the fourth decade of the nineteenth century that the Liberal politicians of Nova Scotia, like those of Upper Canada, recognised that the real remedy for existing political grievances was to be found in the harmonious operation of the three branches of the legislature. Even then we look in vain for an enunciation of this essential principle of representative government in the speeches or writings of a single French Canadian from 1791 until 1838, when the const.i.tution of Lower Canada was suspended as a result of rebellion.

During the twenty years of which I am writing the government of Canada had much reason for anxiety on account of the unsatisfactory state of the relations between Great Britain and the United States, and of the attempts of French emissaries after the outbreak of the revolution in France to stir up sedition in Lower Canada. One of the causes of the war of 1812-15 was undoubtedly the irritation that was caused by the retention of the western posts by Great Britain despite the stipulation in the definitive treaty of peace to give them up "with all convenient speed." This policy of delay was largely influenced by the fact that the new republic had failed to take effective measures for the rest.i.tution of the estates of the Loyalists or for the payment of debts due to British creditors; but in addition there was probably still, as in 1763 and 1774, a desire to control the fur-trade and the Indians of the west, who claimed that the lands between the Canadian frontier and the Ohio were exclusively their hunting-grounds, not properly included within the territory ceded to the United States. Jay's treaty, arranged in 1794, with the entire approval of Washington, who thereby incurred the hostility of the anti-British party, was a mere temporary expedient for tiding over the difficulties between England and the United States. Its most important result so far as it affected Canada was the giving up in 1797 of the western posts including Old Fort Niagara. It became then necessary to remove the seat of government from Niagara, as an insecure position, and York, which regained its original Indian name of Toronto in 1834, was chosen as the capital by Lord Dorchester in preference to a place suggested by Simcoe on the Tranche, now the Thames, near where London now stands. The second parliament of Upper Canada met in York on the first of June, 1797, when Mr. Russell, who had been secretary to Sir Henry Clinton during the American war, was administrator of the government after the departure of Lieutenant-Governor Simcoe from a province whose interests he had so deeply at heart.

After the declaration of war against England by the republican convention of France in 1793, French agents found their way into the French parishes of Lower Canada, and endeavoured to make the credulous and ignorant _habitants_ believe that France would soon regain dominion in her old colony. During General Prescott's administration, one McLane, who was said to be not quite mentally responsible for his acts, was convicted at Quebec for complicity in the designs of French agents, and was executed near St. John's gate with all the revolting incidents of a traitor's death in those relentless times. His illiterate accomplice, Frechette, was sentenced to imprisonment for life, but was soon released on the grounds of his ignorance of the serious crime he was committing.

No doubt in these days some restlessness existed in the French Canadian districts, and the English authorities found it difficult for a time to enforce the provisions of the militia act. Happily for the peace and security of Canada, the influence of the Bishop and Roman Catholic clergy, who looked with horror on the murderous acts of the revolutionists of France, was successfully exerted for the support of British rule, whose justice and benignity their church had felt ever since the conquest. The name of Bishop Plessis must always be mentioned in terms of sincere praise by every English writer who reviews the history of those trying times, when British interests would have been more than once in jeopardy had it not been for the loyal conduct of this distinguished prelate and the priests under his direction.