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It is evident that this hatred of Russell was carried across the Atlantic, and that Brown was regarded as his ally. In the Haldimand election a hand-bill signed, "An Irish Roman Catholic" was circulated.

It a.s.sailed Brown fiercely for the support he had given to Russell, and for the general course of the _Globe_ in regard to Catholic questions. Russell was described as attempting "to twine again around the writhing limbs of ten millions of Catholics the chains that our own O'Connell rescued us from in 1829." A vote for George Brown would help to rivet these spiritual chains round the souls of Irishmen, and to crush the religion for which Ireland had wept oceans of blood; those who voted for Brown would be prostrating themselves like cowardly slaves or beasts of burden before the avowed enemies of their country, their religion and their G.o.d. "You will think of the gibbets, the triangles, the lime-pits, the tortures, the hangings of the past.

You will reflect on the struggles of the present against the new penal bill. You will look forward to the dangers, the triumphs, the hopes of the future, and then you will go to the polls and vote against George Brown."

This was not the only handicap with which Brown entered on his first election contest. There was no cordial sympathy between him and the government, yet he was hampered by his connection with the government.

The dissatisfied Radicals rallied to the support of William Lyon Mackenzie, whose sufferings in exile also made a strong appeal to the hearts of Reformers, and Mackenzie was elected.

In his election address Brown declared himself for perfect religious equality, the separation of Church and State, and the diversion of the clergy reserves from denominational to educational purposes. "I am in favour of national school education free from sectarian teaching, and available without charge to every child in the province. I desire to see efficient grammar schools established in each county, and that the fees of these inst.i.tutions and of the national university should be placed on such a scale as will bring a high literary and scientific education within the reach of men of talent in any rank of life." He advocated free trade in the fullest sense, expressing the hope that the revenue from public lands and ca.n.a.ls, with strict economy, would enable Canada "to dispense with the whole customs department."

Brown's estrangement from the government did not become an open rupture so long as Baldwin and Lafontaine were at the head of affairs.

In the summer following Brown's defeat in Haldimand, Baldwin resigned owing to a resolution introduced by William Lyon Mackenzie, for the abolition of the Court of Chancery. The resolution was defeated, but obtained the votes of a majority of the Upper Canadian members, and Mr. Baldwin regarded their action as an indication of want of confidence in himself. He dropped some expressions, too, which indicated that he was moved by larger considerations. He was conservative in his views, and he regarded the Mackenzie vote as a sign of a flood of radicalism which he felt powerless to stay.

Shortly afterwards Lafontaine retired. He, also, was conservative in his temperament, and weary of public life. The pa.s.sing of Baldwin and Lafontaine from the scene helped to clear the way for Mr. Brown to take his own course, and it was not long before the open breach occurred. When Mr. Hincks became premier, Mr. Brown judged that the time had come for him to speak out. He felt that he must make a fair start with the new government, and have a clear understanding at the outset. A new general election was approaching, and he thought that the issue of separation of Church and State must be clearly placed before the country. In an article in the _Globe_ ent.i.tled "The Crisis," it was declared that the time for action had come. One parliament had been lost to the friends of religious equality; they could not afford to lose another. It was contended that the Upper Canadian Reformers suffered by their connection with the Lower Canadian party. Complaint was made that the Hon. E. P. Tache had advised Roman Catholics to make common cause with Anglicans in resisting the secularization of the clergy reserves, had described the advocates of secularization as "pharisaical brawlers," and had said that the Church of England need not fear their hostility, because the "contra-balancing power" of the Lower Canadians would be used to protect the Anglican Church. This, said the _Globe_, was a challenge which the friends of religious equality could not refuse. Later on, Mr. Brown wrote a series of letters to Mr. Hincks, setting forth fully his grounds of complaint against the government: failure to reform the representation of Upper Canada, slackness in dealing with the secularization of the clergy reserves, weakness in yielding to the demand for separate schools. All this he attributed to Roman Catholic or French-Canadian influence.

CHAPTER V

THE CLERGY RESERVES

The clergy reserves were for many years a fruitful source of discontent and agitation in Canada. They had their origin in a provision of the Const.i.tutional Act of 1791, that there should be reserved for the maintenance and support of a "Protestant clergy" in Upper and Lower Canada "a quant.i.ty of land equal in value to a seventh part of grants that had been made in the past or might be made in the future." It was provided also that rectories might be erected and endowed according to the establishment of the Church of England. The legislatures were to be allowed to vary or repeal these enactments, but such legislation was not to receive the royal a.s.sent before it had been laid before both Houses of the imperial parliament.

Did the words "Protestant clergy" apply to any other body than the Church of England? A vast amount of legal learning was expended on this question; but there can be little doubt that the intention to establish and endow the Church of England was thoroughly in accord with the ideas of colonial government prevailing from the conquest to the end of the eighteenth century. In the instructions to Murray and other early governors there are constant injunctions for the support of a Protestant clergy and Protestant schools, "to the end that the Church of England may be established both in principles and practice."[3] Governor Simcoe, we are told, attached much importance to "every establishment of Church and State that upholds a distinction of ranks and lessens the undue weight of the democratic influence."

"The episcopal system was interwoven and connected with the monarchical foundations of our government."[4] In pursuance of this idea, which was also that of the ruling cla.s.s in Canada, the country was to be made as much unlike the United States as possible by the intrenchment of cla.s.s and ecclesiastical privileges, and this was the policy pursued up to the time that responsible government was obtained. Those outside the dominant caste, in religion as in politics, were branded as rebels, annexationists, Yankees, republicans. And as this dominant caste, until the arrival of Lord Elgin, had the ear of the authorities at home, it is altogether likely that the Act of 1791 was framed in accordance with their views.

The law was unjust, improvident, and altogether unsuited to the circ.u.mstances of the colony. Lord Durham estimated that the members and adherents of the Church of England, allowing its largest claim, were not more than one-third, probably not more than one-fourth, of the population of Upper Canada. Methodists, Presbyterians, and Roman Catholics, each claimed a larger membership. He declared that the sanction given to the exclusive claims of the Church of England by Sir John Colborne's establishment of fifty-seven rectories, was, in the opinion of many persons, the chief pre-disposing cause of the rebellion, and it was an abiding and unabated cause of discontent.[5]

Not only was the spirit of the colony opposed to the establishment and domination of any Church, but settlement was r.e.t.a.r.ded and the hardships of the settler increased by the locking up of enormous tracts of land. In addition to the clergy reserves, grants were made to officials, to militia men, to the children of United Empire Loyalists and others, in the hope that these persons would settle on the land. Many of these fell into the hands of speculators and jobbers, who bought farms of two hundred acres for prices ranging from a gallon of rum to 5. "The greater part of these grants," said Mr.

Hawke, a government official whose evidence is given in the appendix to Durham's Report, "remain in an unimproved state. These blocks of wild land place the actual settler in an almost hopeless condition; he can hardly expect during his lifetime to see his neighbourhood contain a population sufficiently dense to support mills, schools, post-offices, places of worship, markets or shops, without which civilization retrogrades. Roads, under such circ.u.mstances, can neither be opened by the settlers nor kept in proper repair. In 1834 I met a settler from the township of Warwick, on the Caradoc Plains, returning from the grist mill at Westminster, with the flour and bran of thirteen bushels of wheat. He had a yoke of oxen and a horse attached to his wagon, and had been absent nine days and did not expect to reach home until the following evening. Light as his load was, he a.s.sured me that he had to unload, wholly or in part, several times, and after driving his wagon through the swamps, to pick out a road through the woods where the swamps or gullies were fordable, and to carry the bags on his back and replace them in the wagon."

It is unnecessary here to discuss differences of opinion as to the interpretation of the law, attempts to divide the endowment among various denominations, or other efforts at compromise. The radical wing of the Reform party demanded that the special provision for the support of the Church of England should be abolished, and a system of free popular education established. With this part of their platform Brown was heartily in accord; on this point he agreed with the Clear Grits that the Baldwin-Lafontaine government was moving too slowly, and when Baldwin was succeeded by Hincks in 1851, the restraining influence of his respect for Baldwin being removed, his discontent was converted into open and determined opposition.

Largely by the influence of Brown and the _Globe_, public opinion in 1851 was aroused to a high degree, and meetings were held to advocate the secularization of the clergy reserves. The friends of the old order were singularly unfortunate in their mode of expressing their opinions. Opposition to responsible government was signalized by the burning of the parliament buildings, and the mobbing of Lord Elgin in Montreal. Opposition to religious equality was signalized by the mobbing of an orderly a.s.sembly in Toronto. One meeting of the opponents of the clergy reserves was broken up by these means, and a second meeting was attacked by a mob with such violence as to necessitate the calling out of a company of British soldiers. This meeting was held in St. Lawrence Hall, over the city market bearing that name. Mr. Brown was chosen to move a resolution denouncing State endowments of religion, and did so in a speech of earnestness and argumentative power. He compared the results of Church establishments with those of voluntary effort in England, in Scotland, in France, and in Canada, and denounced "State-churchism" as the author of pride, intolerance and spiritual coldness. "When," he said, "I read the history of the human race, and trace the dark record of wars and carnage, of tyranny, robbery and injustice in every shape, which have been the fruits of State-churchism in every age; when I observe the degenerating effect which it has ever had on the purity and simplicity of the Gospel of Christ, turning men's minds from its great truths, as a religion of the heart, to the mere outward tinsel, to the forms and ceremonies on which priestcraft flourishes; when I see that at all times it has been made the instrument of the rich and powerful in oppressing the poor and weak, I cannot but reject it utterly as in direct hostility to the whole spirit of the Gospel, to that glorious system which teaches men to set not their hearts on this world, and to walk humbly before G.o.d." He held that it was utterly impossible for the State to teach religious truth. "There is no standard for truth.

We cannot even agree on the meaning of words." Setting aside the injustice of forcing men to pay money for the support of what they deemed religious error, it was "most dangerous to admit that the magistrate is to decide for G.o.d--for that is the plain meaning of the establishment principle. Once admit that principle, and no curb can be set upon its operation. Who shall restrict what G.o.d has appointed? And thus the extent to which the conscience of men may be constrained, or persecution for truth's sake may be carried, depends entirely on the ignorance or enlightenment of the civil magistrate. There is no safety out of the principle that religion is a matter entirely between man and his G.o.d, and that the whole duty of the magistrate is to secure every one in the peaceful observance of it. Anything else leads to oppression and injustice, but this can never lead to either."

A notable part of the speech was a defence of free, non-sectarian education. "I can conceive," he said, "nothing more unprincipled than a scheme to array the youth of the province in sectarian bands--to teach them, from the cradle up, to know each other as Methodist boys, and Presbyterian boys, and Episcopal boys. Surely, surely, we have enough of this most wretched sectarianism in our churches without carrying it further."

To protect themselves from interruption, the advocates of secularization had taken advantage of a law which allowed them to declare their meeting as private, and exclude disturbers. Their opponents held another meeting in the adjoining market-place where by resolution they expressed indignation at the repeated attempts of "a G.o.dless a.s.sociation" to stir up religious strife, and declared that the purposes of the a.s.sociation, if carried out, would bring about not only the severance of British connection, but socialism, republicanism, and infidelity. The horrified listeners were told how Rousseau and Voltaire had corrupted France, how religion was overthrown and the naked G.o.ddess of Reason set up as an object of worship. They were told that the clergy reserves were a gift to the nation from "our good King George the Third." Abolish them and the British flag would refuse to float over anarchy and confusion.

Finally, they were a.s.sured that they could thrash the St. Lawrence Hall audience in a stand-up fight, but were nevertheless advised to go quietly home. This advice was apparently accepted in the spirit of the admonition: "Don't nail his ears to the pump," for the crowd immediately marched to St. Lawrence Hall, cheering, groaning, and shouting. They were met by the mayor, two aldermen, and the chief constable, and told that they could not be admitted. Stones and bricks were thrown through the windows of the hall. The Riot Act was read by an alderman, and the British regiment then quartered in the town, the 71st, was sent for. There was considerable delay in bringing the troops, and in the meantime there was great disorder; persons leaving the hall were a.s.saulted, and the mayor was struck in the face with a stone and severely cut. A company of the 71st arrived at midnight, after which the violence of the mob abated.[6]

The steps leading up to the settlement of the question may be briefly referred to. In 1850 the Canadian parliament had asked for power to dispose of the reserves, with the understanding that emoluments derived by existing inc.u.mbents should be guaranteed during their lives. The address having been forwarded to England, Lord John Russell informed the governor-general that a bill would be introduced in compliance with the wish of the Canadian parliament. But in 1852 the Russell government resigned, and was succeeded by that of the Earl of Derby. Derby (Lord Stanley) had been colonial secretary in the Peel government, which had shown a strong bias against Canadian self-government. Sir John Pakington declared that the advisers of Her Majesty were not inclined to aid in the diversion to other purposes of the only public fund for the support of divine worship and religious instruction in Canada, though they would entertain proposals for new dispositions of the fund. Hincks, who was then in England, protested vigorously against the disregard of the wishes of the Canadian people.

When the legislature a.s.sembled in 1852, it carried, at his instance, an address to the Crown strongly upholding the Canadian demand. Brown contended that the language was too strong and the action too weak. He made a counter proposal, which found little support, that the Canadian parliament itself enact a measure providing for the sale of the clergy lands to actual settlers, and the appropriation of the funds for the maintenance of common schools.

With the fall of the Derby administration in England, ended the opposition from that source to the Canadian demands. But Hincks, who had firmly vindicated the right of the Canadian parliament to legislate on the matter, now hesitated to use the power placed in his hands, and declared that legislation should be deferred until a new parliament had been chosen. The result was that the work of framing the measure of settlement fell into the hands of John A. Macdonald, the rising star of the Conservative party. The fund, after provision had been made for the vested rights of inc.u.mbents, was turned over to the munic.i.p.alities.

FOOTNOTES:

[3] Instructions to Governor Murray, _Canadian Archives of 1904_, p.

218.

[4] Professor Shortt in the _Canadian Magazine_, September, 1901.

[5] Durham's _Report on the Affairs of British North America_.

Methuen's reprint, pp. 125, 126.

[6] The _Globe_, July, 1851.

CHAPTER VI

BROWN'S FIRST PARLIAMENT

In the autumn of 1851 parliament was dissolved, and in September Mr.

Brown received a requisition from the Reformers of Kent to stand as their candidate, one of the signatures being that of Alexander Mackenzie, afterwards premier of Canada. In accepting the nomination he said that he antic.i.p.ated that he would be attacked as an enemy of the Roman Catholic Church; that he cordially adhered to the principles of the Protestant reformation; that he objected to the Roman Catholic Church trenching on the civil rights of the community, but that he would be ashamed to advocate any principle or measure which would restrict the liberty of any man, or deprive him on account of his faith of any right or advantage enjoyed by his fellow-subjects. In his election address he advocated religious equality, the entire separation of Church and State, the secularization of the clergy reserves, the proceeds to go to national schools, which were thus to be made free. He advocated, also, the building of a railway from Quebec to Windsor and Sarnia, the improvement of the ca.n.a.ls and waterways, reciprocity with the Maritime Provinces and the United States, a commission for the reform of law procedure, the extension of the franchise and the reform of representation. Representation by population afterwards came to be the watchword of those who demanded that Upper Canada should have a larger representation than Lower Canada; but as yet this question had not arisen definitely. The population of Upper Canada was nearly doubled between 1842 and 1851, but it did not appear until 1852 that it had pa.s.sed the lower province in population.

The advocacy of free schools was an important part of the platform.

During the month of January, 1852, the _Globe_ contained frequent articles, reports of public meetings, and letters on the subject. It was contended by some of the opponents of free schools that the poor could obtain free education by pleading their poverty; but the _Globe_ replied that education should not be a matter of charity, but should be regarded as a right, like the use of pavements. The matter was made an issue in the election of school trustees in several places, and in the Toronto election the advocates of free schools were successful.

It will be convenient to note here that Brown's views on higher education corresponded with his views on public schools. In each case he opposed sectarian control, on the ground that it would dissipate the energies of the people, and divide among half a dozen sects the money which might maintain one efficient system. These views were fully set forth in a speech made on February 25th, 1853, upon a bill introduced by Mr. Hincks to amend the law relating to the University of Toronto. Brown denounced the measure as a surrender to the sectaries. There were two distinct ideas, he said, in regard to higher education in Upper Canada. One was that a university must be connected with a Church and under the management of the clergy, without whose control infidelity would prevail. The Reform party, led by Mr. Baldwin and Mr. Hincks, had denounced these views as the mere clap-trap of priestcraft. They held that there should be one great literary and scientific inst.i.tution, to which all Canadians might resort on equal terms. This position was founded, not on contempt for religion, but on respect for religion, liberty, and conscience. "To no one principle does the Liberal party owe so many triumphs as to that of non-sectarian university education." Until 1843 Anglican control prevailed; then various unsuccessful efforts at compromise were made, and finally, in 1849, after twenty years of agitation, the desire of the Liberal party was fulfilled, and a n.o.ble inst.i.tute of learning established. This act alone would have ent.i.tled Robert Baldwin to the lasting grat.i.tude of his countrymen.

Continuing, Brown said that the Hincks bill was reactionary--that the original draft even contained a reference to the G.o.dless character of the inst.i.tution--that the plan would fritter away the endowment by dividing it among sects and among localities. He opposed the abolition of the faculties of law and medicine. Rightly directed, the study of law was enn.o.bling, and jurists should receive an education which would give them broad and generous views of the principles of justice. The endowment of the university ought to be sufficient to attract eminent teachers, and to encourage students by scholarships. "We are laying the foundations of a great political and social system. Our vote to-day may deeply affect, for good or evil, the future of the country.

I adjure the House to pause ere destroying an inst.i.tution which may one day be among the chief glories of a great and wise people."

Brown was elected by a good majority. The general result of the election was favourable to the Hincks-Morin administration. A large part of the interval between the election and the first session of the new parliament was spent by Mr. Hincks in England, where he made some progress in the settlement of the clergy reserve question, and where he also made arrangements for the building of the Grand Trunk Railway from Montreal westward through Upper Canada. Negotiations for the building of the Intercolonial Railway, connecting Lower Canada with the Maritime Provinces, fell through, and the enterprise was delayed for some years.

It was a matter of some importance that the first parliament in which Mr. Brown took part was held in the city of Quebec. He had entered on a course which made Catholics and French-Canadians regard him as their enemy, and in Quebec French and Catholic influence was dominant. Brown felt keenly the hostility of his surroundings, and there are frequent references in his speeches and in the correspondence of the _Globe_ to the unfriendly faces in the gallery of the chamber, and to the social power exercised by the Church. "Nothing," says the Hon. James Young, "could exceed the courage and eloquence with which Brown stood up night after night, demanding justice for Upper Canada in the face of a hostile majority on the floor of the chamber and still more hostile auditors in the galleries above. So high, indeed, did public feeling run on some occasions that fears were entertained for his personal safety, and his friends occasionally insisted after late and exciting debates, lasting often till long after midnight, on accompanying him."[7] Mr. Young adds that these fears were not shared by Mr. Brown, and that they proved to be groundless. Mr. Brown, in fact, did not regard the Quebec influence as a personal grievance, but he argued that on public grounds the legislature ought not to meet in a city where freedom of speech might be impaired by local sentiment. That he harboured no malice was very finely shown when parliament met four years afterwards in Toronto. He had just concluded a powerful speech.

The galleries were crowded, this time with a friendly audience, which at length broke into applause. Brown checked the demonstration. "I have addressed none," he said, "but members of this House, and trust that members from Lower Canada will not be overawed by any manifestation of feeling in this chamber. I shall be ready on all occasions to discourage it. In Lower Canada I stood almost alone in supporting my views, and I well know how painful these manifestations are to a stranger in a strange place. I do sincerely trust that gentlemen of French origin will feel as free to speak here as if they were in Quebec."

Brown made his maiden speech during the debate on the address. It is described in a contemporary account as "a terrible onslaught on the government." An idea of violence conveyed in this and other comments would appear to have been derived from the extreme energy of Brown's gestures. The printed report of the speech does not give that impression. Though severe, it was in the main historical and argumentative. It contained a review of the political history of Canada from the time of the rupture between Metcalfe and his ministers, up to the time when the principle of responsible government was conceded. Brown argued that Reformers were bound to stand by that principle, and to accept all its obligations. In his judgment it was essential to the right working of responsible government that parties should declare their principles clearly and stand or fall by them. If they held one set of principles out of office and another set in office they would reduce responsible government to a farce. He acknowledged the services which Hincks and Morin had rendered in fighting for responsible government; but he charged them with betraying that principle by their own conduct in office. Two systems of government, he said, were being tested on this continent. The American system contained checks and balances. The British system could be carried on only by the observance of certain unwritten laws, and especially a strict good faith and adherence to principle. Brown, as a party man, adhered firmly to Burke's definition of party: "A body of men united for promoting by their joint endeavours the national interest, upon some particular principle on which they are all agreed." Office-holding, with him, was a minor consideration. "There is no theory in the principle of responsible government more vital to its right working than that parties shall take their stand on the prominent questions of the day, and mount to office or resign it through the success or failure of principles to which they are attached. This is the great safeguard for the public against clap-trap professions."

FOOTNOTES:

[7] Young's _Public Men and Public Life in Canada_, p. 83.

CHAPTER VII

RISE OF BROWN'S INFLUENCE

The condition of parties in the legislature was peculiar. The most formidable antagonist of the Reform government was the man who was rapidly rising to the leadership of the Reform party. The old Tory party was dead, and its leader, Sir Allan MacNab, was almost inactive.

Macdonald, who was to re-organize and lead the new Conservative party, was playing a waiting game, taking advantage of Brown's tremendous blows at the ministry, and for the time being satisfied with a less prominent part in the conflict. Brown rapidly rose to a commanding position in the a.s.sembly. He did this without any _finesse_ or skill in the management of men, with scarcely any a.s.sistance, and almost entirely by his own energy and force of conviction. His industry and capacity for work were prodigious. He spoke frequently, and on a wide range of subjects requiring careful study and mastery of facts. In the divisions he obtained little support. He had antagonized the French-Canadians, the Clear Grits of Upper Canada were for the time determined to stand by the government, and his views were usually not such as the Conservatives could endorse, although they occasionally followed him in order to embarra.s.s the government.

Brown's course in parliament, however, was pointing to a far more important result than changes in the personnel of office-holders.

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