XXV.

RESPONSIBLE GOVERNMENT AND ITS RESULTS--FEDERAL UNION--RELATIONS BETWEEN CANADA AND THE UNITED STATES.

(1839-1867.)

The passage of the Union Act of 1840 was the commencement of a new era in the constitutional history of Canada as well as of the other provinces. The most valuable result was the admission of the all-important principle that the ministry advising the governor should possess the confidence of the representatives of the people assembled in parliament. Lord Durham, in his report, had pointed out most forcibly the injurious consequences of the very opposite system which had so long prevailed in the provinces. His views had such influence on the minds of the statesmen then at the head of imperial affairs, that Mr. Poulett Thomson, when appointed governor-general, received her Majesty's commands to administer the government of the united provinces "in accordance with the well-understood wishes and interests of the people," and to employ in the {362} public service only "those persons who, by their position and character, have obtained the general confidence and esteem of the inhabitants of the province." During the first session of the Canadian legislature the assembly passed certain resolutions which authoritatively expressed the views of the supporters of responsible government.

[Illustration: Joseph Howe in 1865]

Nevertheless, during the six years that elapsed after the passage of this formal expression of the views of the large majority of the legislature, "Responsible Government" did not always obtain in the fullest sense of the phrase, and not a few misunderstandings arose between the governors and the supporters of the principle as to the manner in which it should be worked out. In Canada Lord Metcalfe, who succeeded Baron Sydenham--the title of Mr. Poulett Thomson--on his sudden death at Kingston in 1841, brought about a political crisis in consequence of his contention for the privilege--utterly inconsistent with the principles of responsible government--of making appointments to office without the advice of his council. In Nova Scotia Sir Colin Campbell, who was more suited to the military camp than to the political arena, endeavoured to throw obstacles in the way of the new system, but he was soon recalled. His successor, Lord Falkland, a vain nobleman, was an unhappy choice of the colonial office. He became the mere creature of the Tory party, led by James W. Johnston, a very able lawyer and eloquent speaker, and the open enemy of the liberals led by Joseph Howe, William Young, James Boyle Uniacke, and Herbert {363} Huntington. The imperial government recognised their mistake, and replaced Lord Falkland by Sir John Harvey, the hero of Stoney Creek in 1813, who had done much to establish parliamentary government in New Brunswick. In 1847 Lord Elgin--the son-in-law of Lord Durham--was appointed governor-general, and received positive instructions "to act generally upon the advice of {364} his executive council, and to receive as members of that body those persons who might be pointed out to him as entitled to do so by their possessing the confidence of the assembly." No act of parliament was necessary to effect this important change; the insertion and alteration of a few paragraphs in the Governor's instructions were sufficient. By 1848 the provinces of Canada, Nova Scotia, and New Brunswick, and by 1851 Prince Edward Island, were in the full enjoyment of a system of self-government, which had been so long advocated by their ablest public men; and the results have proved, on the whole, despite the excesses and mistakes of party, eminently favourable to political as well as material development.

[Illustration: Robert Baldwin.]

In the historic annals of the great contest that was fought for responsible government, some names stand out most prominently. Foremost is that of Joseph Howe, the eminent Liberal, whose eloquence charmed the people of Nova Scotia for many years. In his early life he was a printer and an editor, but he became a leader of his party soon after he entered the legislature, and died a lieutenant-governor of his native province. In New Brunswick, Lemuel A. Wilmot, afterwards a judge and lieutenant-governor, was a man of much energy, persuasive eloquence, and varied learning. Robert Baldwin, of Upper Canada, was a statesman of great discretion, who showed the people how their liberties could be best promoted by wise and constitutional agitation. Louis Hyppolite Lafontaine was one of the most distinguished and capable men that French Canada has {365} ever given to the legislature and the bench. By his political alliance with Mr. Baldwin, the principles of responsible government were placed on a durable basis. In the parent state the names of Lord John Russell, Mr. Gladstone, and Earl Grey--colonial secretaries from 1839 to 1852--are especially associated with the concession of those great principles which have enlarged the sphere of self-government in the colonies of the English Crown.

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During the quarter of a century that elapsed from 1842 to 1867--the crucial period of national development--an industrious population flowed steadily into the country, the original population became more self-reliant and pursued their vocations with renewed energy, and confidence increased on all sides in the ability of the provinces to hold their own against the competition of a wonderfully enterprising neighbour. Cities, towns, and villages were built up with a rapidity not exceeded even on the other side of the border. In those days Ontario became the noble province that she now is by virtue of the capacity of her people for self-government, the energy of her industrial classes, the fertility of her soil, and the superiority of her climate. The maritime industry of the lower provinces was developed most encouragingly, and Nova Scotia built up a commercial marine not equalled by that of any New England State. The total population of the provinces of British North America, now comprised within the confederation of 1867, had increased from a million and a half in 1840 to three millions and a quarter in 1861--the ratio of increase in those years having been greater than at any previous or later period of Canadian history. It was during this period that the Grand Trunk Railway, which has done so much to assist the material progress of the old province of Canada, was constructed. In 1850 there were only fifty miles of railway in operation throughout Canada, but by 1867 there were nearly three thousand miles, and that magnificent example of engineering skill, the Victoria Bridge, carried passengers across {367} the St. Lawrence at Montreal, and connected Canada with the great railway system of the United States. With railway development must always be associated the name of Sir Francis Hincks, an able statesman of the Liberal party, who recognised the necessities of a new country.

So far from the act of 1840, which united the Canadas, acting unfavourably to the French Canadian people it gave them eventually a predominance in the councils of the country. French soon again became the official language by an amendment to the union act, and the claims providing for equality of representation proved a security when the upper province increased more largely in population than the French Canadian section. The particular measure which the French Canadians had pressed for so many years on the British Government, an elective legislative council, was conceded. When a few years had passed the Canadian legislature was given full control of taxation, supply, and expenditure, in accordance with English constitutional principles. The clergy reserves difficulty was settled and the land sold for public or municipal purposes, the interest of existing rectors and incumbents being guarded. The great land question of Canada, the seigniorial tenure of Lower Canada, was disposed of by buying off the claims of the seigniors, and the people of Lower Canada were freed from exactions which had become not so much onerous as vexatious. Municipal institutions of a liberal nature were established, and the people of the two Canadian provinces exercised that control of their local affairs in the {368} counties, townships, cities, and parishes which is necessary to carry out public works indispensable to the comfort, health, and convenience of the community, and to supplement the efforts made by the legislature, from time to time, to provide for the general education of the country. With the magnificent system of public schools now possessed by Ontario must always be associated the name of Dr. Egerton Ryerson, a famous Methodist, the opponent of Mackenzie's seditious action, and for many years the superintendent of education. In Nova Scotia it was chiefly through the foresight of Sir Charles Tupper, when premier, that the foundations were laid of the present admirable system. During the same period the schools of New Brunswick and Prince Edward Island were also placed on an excellent basis. In the maritime provinces no express legal provision was made for separate or denominational schools, as in Upper and Lower Canada--schools now protected by the terms of the federal union of 1867. The civil service, which necessarily plays so important a part in the administration of government, was placed on a permanent basis.

The anxiety of the British Government to bury in oblivion the unfortunate events of 1837-38 was proved by an amnesty that was granted soon after the union of 1841, to the banished offenders against the public peace and the Crown. William Lyon Mackenzie, Louis Joseph Papineau, and Wolfred Nelson came back and were elected to Parliament, though the two first never exercised any influence in the future.

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[Illustration: Sir Louis H. Lafontaine.]

Then occurred an event which had its origin in the rebellion, and in the racial antagonism which was still slumbering in the bosom of the State. In the first session of the Union Parliament, compensation was granted to those loyalists of Upper Canada, whose property had been unnecessarily or wantonly {370} destroyed during the outbreak. The claim was then raised on behalf of persons similarly situated in Lower Canada. The Conservative Draper government of 1845 agreed to pay a small amount of rebellion losses as a sequence of a report made by commissioners appointed to inquire into the subject. At a later time, when Lord Elgin was governor-general, the Baldwin-Lafontaine ministry brought down a measure to indemnify all those persons who had not taken

## part in the rebellion, but were justly entitled to compensation for

actual losses. The Tory opposition raised the cry, "No pay to rebels," and some of them in their anger even issued a manifesto in favour of annexation. The parliament house at Montreal was burned down, a great number of books and records destroyed, and Lord Elgin grossly insulted for having assented to the bill. This very discreditable episode in the political history of Canada proved the extremes to which even men, professing extreme loyalty, can be carried at times of political passion and racial difficulty.

[Illustration: L. A. Wilmot.]

The union of 1841 did its work, and the political conditions of Canada again demanded another radical change commensurate with the material and political development of the country, and capable of removing the difficulties that had arisen in the operation of the act of 1840. The claims of Upper Canada to larger representation, equal to its increased population since 1840, owing to the great immigration which had naturally sought a rich and fertile province, were steadily resisted by the French Canadians as an unwarrantable interference with the {371} security guaranteed to them under the act. This resistance gave rise to great irritation in Upper Canada, where a powerful party made representation by population their platform, and government at last became practically impossible on account of the {372} close political divisions for years in the assembly. At the head of the party demanding increased representation was Mr. George Brown, an able man of Scotch birth, who became the conductor of a most influential organ of public opinion, _The Toronto Globe_, and the leader of the "Grits," or extreme wing of the Reformers or Liberals. In opposition to him were allied Mr. George Etienne Cartier, once a follower of Papineau, but now a loyal leader of his race, and Mr. John Alexander Macdonald, who had occupied a prominent position for years as a Conservative leader.

The time had come for the accomplishment of a great change foreshadowed by Lord Durham, Chief-Justice Sewell, Mr. Howe, Sir Alexander Gait, and other public men of Canada: the union of the provinces of British North America. The leaders of the different governments in Canada, and the maritime provinces of Nova Scotia, New Brunswick, and Prince Edward Island combined with the leaders of the opposition with the object of carrying out this great measure. A convention of thirty-three representative men[1] was held in the autumn of 1864 in {373} the historic city of Quebec, and after a deliberation of several weeks the result was the unanimous adoption of a set of seventy-two resolutions embodying the terms and conditions on which the provinces through their delegates agreed to a federal union. These resolutions had to be laid before the various legislatures and adopted in the shape of addresses to the Queen, whose sanction was necessary to embody the wishes of the provinces in an imperial statute.

The consent of the legislature was considered sufficient by the governments of all the provinces except one, though the question had never been discussed at the polls. In New Brunswick alone was the legislature dissolved on the issue, and it was only after a second general election that the {374} legislature agreed to the union. In Nova Scotia, after much discussion and feeling, the legislature passed a resolution in favour of the measure, though a popular sentiment continued to exist against the union for several years. In the December of 1866 a second conference of delegates from the governments of Canada, Nova Scotia, and New Brunswick, was held at the Westminster Palace Hotel in London, and some modifications were made in the Quebec resolutions, chiefly with a view of meeting objections from the maritime provinces. In the early part of 1867 the imperial parliament, without a division, passed the statute known as the "British North America Act, 1867," which united in the first instance the province of Canada, now divided into Ontario and Quebec, with Nova Scotia and New Brunswick, and made provisions for the coming in of the other provinces of Prince Edward Island, Newfoundland, British Columbia, and the admission of Rupert's Land and the great Northwest.

From 1840 to 1867 the relations of Canada and the United States became much closer, and more than once assumed a dangerous phase. In 1840 the authorities of New York arrested one Macleod on the charge of having murdered a man employed in the _Caroline_, when she was seized by the loyalists during the outbreak of 1837. The matter gave rise to much correspondence between the governments of Great Britain and the United States, and to a great deal of irritation in Canada, but happily for the peace of the two countries the courts acquitted Macleod, as the evidence was clear he had {375} nothing to do with the seizure of the vessel. In 1842 the question of the boundary between Maine and New Brunswick was settled by what is generally known in Canada as "the Ashburton Capitulation." As a result of the settlement made by Mr. Daniel Webster on the part of the United States, and of Mr. Alexander Baring, afterwards Lord Ashburton, on behalf of Great Britain, the State of Maine now presses like a huge wedge into the provinces of New Brunswick and Quebec, and a Canadian railway is obliged to pass over American territory, which many Canadians still believe ought to be a part of the Canadian Dominion. In 1846 Great Britain yielded to the persistency of American statesmen, and agreed to accept the line 49 degrees to the Pacific coast, and the whole of Vancouver Island, which, for a while, seemed on the point of following the fate of Oregon, and becoming exclusively American territory. But the question of boundary was not even then settled, as the Island of San Juan, which lies in the channel between Vancouver and the mainland, and is mainly valuable as a base of offensive and defensive operations in times of war, was, in later years, handed over to the Republic as a result of its successful diplomacy.

During this period the fishery question again assumed considerable importance. American vessels were shut out from the waters of certain colonial bays, in accordance with the convention of 1818, and a number of them captured from time to time for the infringement of the law. The United States Government attempted to raise issues which would {376} limit Canadian rights, but all these questions were placed in abeyance for twelve years by the Reciprocity Treaty of 1854, which opened up the provincial fisheries to the people of the United States, on condition of free trade between the provinces and that country in certain natural products of the mines, fisheries, and farms of the two peoples. This measure was in itself an acknowledgment of the growing importance of the provinces, and of the larger measure of self-government now accorded them. The treaty only became law with the consent of the provincial legislatures; and, although the Canadian governments were not directly represented by any of their members, the governor-general, Lord Elgin, who personally conducted the negotiations on the part of England at Washington, in this, as in all other matters touching colonial interests, was assisted by the advice of his responsible ministers. The treaty lasted until 1866, when it was repealed by the action of the United States in accordance with the provision bringing it to a conclusion after one year's notice from one of the parties interested.

The commercial classes in the Eastern and Western States were, on the whole, favourable to an enlargement of the treaty, so as to bring in British Columbia and Vancouver Island, now colonies of the Crown, and to include certain other articles the produce of both countries, but the real cause of its repeal was the prejudice in the North against the provinces for their supposed sympathy for the Confederate States during the War of the Rebellion. A {377} large body of men in the North had brought themselves foolishly to believe that the repeal of the treaty would, sooner or later, force the provinces into annexation. A raid made by a few rash Confederates who had found refuge in Canada, on the St. Albans Bank, in the State of Vermont, deeply incensed the people of the North, though at no time could it be proved that the Canadian authorities had the least suspicion of the proposed expedition. On the contrary, they brought the culprits to trial, placed companies of volunteers along the frontier, and even paid a large sum of money in acknowledgment of an alleged responsibility when some of the stolen money was returned to the robbers on their release by a Montreal magistrate. When we review the history of those times and consider the difficult position in which Canada was necessarily placed, it is remarkable how honourably her government discharged its duties of a neutral between the belligerents.

No doubt the position of Canada was made more difficult at that critical time by the fact that she was a colony of Great Britain, against whom both North and South entertained bitter feelings by the close of the war; the former mainly on account of the escape of Confederate cruisers from English ports, and the latter because she did not receive active support from England. The North had also been much excited by the promptness with which Lord Palmerston had sent troops to Canada when Mason and Slidell were seized on an English packet on the high seas, and the bold tone held by some Canadian {378} papers when it was doubtful if the prisoners would be released.

Contemporaneously with the repeal of the Reciprocity Treaty came the raids of the Fenians--bands of men who did dishonour to the cause of Ireland, under the pretence of striking a blow at England through Canada, where their countrymen have always found happy homes, free government, and honourable positions. For months before the invasion American newspapers were full of accounts of the assembling and arming of these bands on the frontiers of Canada. They invaded the Dominion in 1866, property was destroyed, and a number of Canadian youth lost their lives near Ridgeway, in the Niagara district, but one O'Neil and his collection of disbanded soldiers and fugitives from justice were forced back by the Canadian forces to the country whose neutrality they had outraged. The United States authorities had calmly looked on while all the preparations for these raids were in progress. Proclamations were at last issued by the government when the damage had been done, and a few raiders were arrested; but the House of Representatives immediately sent a resolution to the President, requesting him "to cause the prosecutions, instituted in the United States courts against the Fenians, to be discontinued if compatible with the public interest"--a request which was complied with. In 1870 another raid[2] was attempted on the {379} Lower Canadian frontier, but it was easily repulsed, and the authorities of the United States did their duty with promptitude. For all the losses, however, that Canada sustained through these invasions of her territory, she has never received any compensation whatever.

Out of the very circumstances which were apparently calculated to do much injury to Canada, her people learned lessons of wisdom and self-reliance, and were stimulated to go vigorously to work to carry out that scheme of national development which had its commencement in the Quebec conference of 1864, and was constitutionally inaugurated in 1867 when the provinces entered on the new era of federal union.

[1] The delegates to the Quebec conference, held the following positions in their respective provinces:

_Canada_: Hon. Sir Etienne P. Taché, M.L.C., premier; Hon. John A. Macdonald, M.P.P., attorney-general of Upper Canada; Hon. George Etienne Cartier, M.P.P., attorney-general of Lower Canada; Hon. George Brown, M.P.P., president of the executive council; Hon. Alexander T. Galt, M.P.P., finance minister; Hon. Alexander Campbell, M.L.C., commissioner of crown lands; Hon. Jean C. Chapais, M.L.C., commissioner of public works; Hon. Thomas D'Arcy McGee, M.P.P., minister of agriculture; Hon. Hector L. Langevin, M.P.P., solicitor-general for Lower Canada; Hon. William McDougall, M.P.P., provincial secretary; Hon. James Cockburn, M.P.P., solicitor-general for Upper Canada; Hon. Oliver Mowat, M.P.P., postmaster-general.

_Nova Scotia_: Hon. Charles Tupper, M.P.P., provincial secretary and premier; Hon. William A. Henry, M.P.P., attorney-general; Hon. Robert B. Dickey, M.L.C.; Hon. Adams G. Archibald, M.P.P.; Hon. Jonathan McCully, M.L.C.

_New Brunswick_: Hon. Samuel L. Tilley, M.P.P., provincial secretary and premier; Hon. Peter Mitchell, M.L.C.; Hon. Charles Fisher, M.P.P.; Hon. William H. Steeves, M.L.C.; Hon. John Hamilton Gray, M.P.P.; Hon. Edward B. Chandler, M.L.C.; Hon. John M. Johnson, M.P.P., attorney-general.

_Prince Edward Island_: Hon. John Hamilton Gray, M.P.P., premier; Hon. George Coles, M.P.P.; Hon. Thomas Heath Haviland, M.P.P.; Hon. Edward Palmer, M.P.P., attorney-general; Hon. Andrew Archibald Macdonald, M.L.C.; Hon. Edward Whelan, M.L.C.; Hon. William H. Pope, M.P.P., provincial secretary.

_Newfoundland_: Hon. Frederick B. T. Carter, M.P.P., speaker of the House of Assembly; Hon. Ambrose Shea, M.P.P.

[2] In the autumn of 1871, a body of Fenians were prevented from raiding the new province of Manitoba by the prompt action of the troops of the United States stationed on the frontier.

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