Lord Elgin.

by John George Bourinot.

NOTE

The late Sir John Bourinot had completed and revised the following pages some months before his lamented death. The book represents more satisfactorily, perhaps, than anything else that he has written the author's breadth of political vision and his concrete mastery of historical fact. The life of Lord Elgin required to be written by one possessed of more than ordinary insight into the interesting aspects of const.i.tutional law. That it has been singularly well presented must be the conclusion of all who may read this present narrative.

CHAPTER I

EARLY CAREER

The Canadian people have had a varied experience in governors appointed by the imperial state. At the very commencement of British rule they were so fortunate as to find at the head of affairs Sir Guy Carleton--afterwards Lord Dorchester--who saved the country during the American revolution by his military genius, and also proved himself an able civil governor in his relations with the French Canadians, then called "the new subjects," whom he treated in a fair and generous spirit that did much to make them friendly to British inst.i.tutions. On the other hand they have had military men like Sir James Craig, hospitable, generous, and kind, but at the same time incapable of understanding colonial conditions and aspirations, ignorant of the principles and working of representative inst.i.tutions, and too ready to apply arbitrary methods to the administration of civil affairs.

Then they have had men who were suddenly drawn from some inconspicuous position in the parent state, like Sir Francis Bond Head, and allowed by an apathetic or ignorant colonial office to prove their want of discretion, tact, and even common sense at a very critical stage of Canadian affairs. Again there have been governors of the highest rank in the peerage of England, like the Duke of Richmond, whose administration was chiefly remarkable for his success in aggravating national animosities in French Canada, and whose name would now be quite forgotten were it not for the unhappy circ.u.mstances of his death.[1] Then Canadians have had the good fortune of the presence of Lord Durham at a time when a most serious state of affairs imperatively demanded that ripe political knowledge, that cool judgment, and that capacity to comprehend political grievances which were confessedly the characteristics of this eminent British statesman. Happily for Canada he was followed by a keen politician and an astute economist who, despite his overweening vanity and his tendency to underrate the ability of "those fellows in the colonies"--his own words in a letter to England--was well able to gauge public sentiment accurately and to govern himself accordingly during his short term of office. Since the confederation of the provinces there has been a succession of distinguished governors, some bearing names famous in the history of Great Britain and Ireland, some bringing to the discharge of their duties a large knowledge of public business gained in the government of the parent state and her wide empire, some gifted with a happy faculty of expressing themselves with ease and elegance, and all equally influenced by an earnest desire to fill their important position with dignity, impartiality, and affability.

But eminent as have been the services of many of the governors whose memories are still cherished by the people of Canada, no one among them stands on a higher plane than James, eighth earl of Elgin and twelfth earl of Kincardine, whose public career in Canada I propose to recall in the following narrative. He possessed to a remarkable degree those qualities of mind and heart which enabled him to cope most successfully with the racial and political difficulties which met him at the outset of his administration, during a very critical period of Canadian history. Animated by the loftiest motives, imbued with a deep sense of the responsibilities of his office, gifted with a rare power of eloquent expression, possessed of sound judgment and infinite discretion, never yielding to dictates of pa.s.sion but always determined to be patient and calm at moments of violent public excitement, conscious of the advantages of compromise and conciliation in a country peopled like Canada, entering fully into the aspirations of a young people for self-government, ready to concede to French Canadians their full share in the public councils, anxious to build up a Canadian nation without reference to creed or race--this distinguished n.o.bleman must be always placed by a Canadian historian in the very front rank of the great administrators happily chosen from time to time by the imperial state for the government of her dominions beyond the sea. No governor-general, it is safe to say, has come nearer to that ideal, described by Sir Edward Bulwer Lytton, when secretary of state for the colonies, in a letter to Sir George Bowen, himself distinguished for the ability with which he presided over the affairs of several colonial dependencies. "Remember," said Lord Lytton, to give that eminent author and statesman his later t.i.tle, "that the first care of a governor in a free colony is to shun the reproach of being a party man. Give all parties, and all the ministries formed, the fairest play.... After all, men are governed as much by the heart as by the head. Evident sympathy in the progress of the colony; traits of kindness, generosity, devoted energy, where required for the public weal; a pure exercise of patronage; an utter absence of vindictiveness or spite; the fairness that belongs to magnanimity: these are the qualities that make governors powerful, while men merely sharp and clever may be weak and detested."

In the following chapters it will be seen that Lord Elgin fulfilled this ideal, and was able to leave the country in the full confidence that he had won the respect, admiration, and even affection of all cla.s.ses of the Canadian people. He came to the country when there existed on all sides doubts as to the satisfactory working of the union of 1840, suspicions as to the sincerity of the imperial authorities with respect to the concession of responsible government, a growing antagonism between the two nationalities which then, as always, divided the province. A very serious economic disturbance was crippling the whole trade of the country, and made some persons--happily very few in number--believe for a short time that independence, or annexation to the neighbouring republic, was preferable to continued connection with a country which so grudgingly conceded political rights to the colony, and so ruthlessly overturned the commercial system on which the province had been so long dependent. When he left Canada, Lord Elgin knew beyond a shadow of a doubt that the two nationalities were working harmoniously for the common advantage of the province, that the principles of responsible government were firmly established, and that the commercial and industrial progress of the country was fully on an equality with its political development.

The man who achieved these magnificent results could claim an ancestry to which a Scotsman would point with national pride. He could trace his lineage to the ancient Norman house of which "Robert the Bruce"--a name ever dear to the Scottish nation--was the most distinguished member. He was born in London on July 20th, 1811. His father was a general in the British army, a representative peer in the British parliament from 1790-1840, and an amba.s.sador to several European courts; but he is best known to history by the fact that he seriously crippled his private fortunes by his purchase, while in the East, of that magnificent collection of Athenian art which was afterwards bought at half its value by the British government and placed in the British Museum, where it is still known as the "Elgin Marbles." From his father, we are told by his biographer,[2] he inherited "the genial and playful spirit which gave such a charm to his social and parental relations, and which helped him to elicit from others the knowledge of which he made so much use in the many diverse situations of his after life." The deep piety and the varied culture of his mother "made her admirably qualified to be the depository of the ardent thoughts and aspirations of his boyhood." At Oxford, where he completed his education after leaving Eton, he showed that unselfish spirit and consideration for the feelings of others which were the recognized traits of his character in after life. Conscious of the unsatisfactory state of the family's fortunes, he laboured strenuously even in college to relieve his father as much as possible of the expenses of his education. While living very much to himself, he never failed to win the confidence and respect even at this youthful age of all those who had an opportunity of knowing his independence of thought and judgment. Among his contemporaries were Mr. Gladstone, afterwards prime minister; the Duke of Newcastle, who became secretary of state for the colonies and was chief adviser of the Prince of Wales--now Edward VII--during his visit to Canada in 1860; and Lord Dalhousie and Lord Canning, both of whom preceded him in the governor-generalship of India. In the college debating club he won at once a very distinguished place. "I well remember," wrote Mr. Gladstone, many years later, "placing him as to the natural gift of eloquence at the head of all those I knew either at Eton or at the University." He took a deep interest in the study of philosophy. In him--to quote the opinion of his own brother, Sir Frederick Bruce, "the Reason and Understanding, to use the distinctions of Coleridge, were both largely developed, and both admirably balanced. ... He set himself to work to form in his own mind a clear idea of each of the const.i.tuent parts of the problem with which he had to deal. This he effected partly by reading, but still more by conversation with special men, and by that extraordinary logical power of mind and penetration which not only enabled him to get out of every man all he had in him, but which revealed to these men themselves a knowledge of their own imperfect and crude conceptions, and made them constantly unwilling witnesses or reluctant adherents to views which originally they were prepared to oppose...." The result was that, "in an incredibly short time he attained an accurate and clear conception of the essential facts before him, and was thus enabled to strike out a course which he could consistently pursue amid all difficulties, because it was in harmony with the actual facts and the permanent conditions of the problem he had to solve." Here we have the secret of his success in grappling with the serious and complicated questions which constantly engaged his attention in the administration of Canadian affairs.

After leaving the university with honour, he pa.s.sed several years on the family estate, which he endeavoured to relieve as far as possible from the financial embarra.s.sment into which it had fallen ever since his father's extravagant purchase in Greece. In 1840, by the death of his eldest brother, George, who died unmarried, James became heir to the earldom, and soon afterwards entered parliament as member for the borough of Southampton. He claimed then, as always, to be a Liberal Conservative, because he believed that "the inst.i.tutions of our country, religious as well as civil, are wisely adapted, when duly and faithfully administered, to promote, not the interest of any cla.s.s or cla.s.ses exclusively, but the happiness and welfare of the great body of the people"; and because he felt that, "on the maintenance of these inst.i.tutions, not only the economical prosperity of England, but, what is yet more important, the virtues that distinguish and adorn the English character, under G.o.d, mainly depend."

During the two years Lord Elgin remained in the House of Commons he gave evidence to satisfy his friends that he possessed to an eminent degree the qualities which promised him a brilliant career in British politics. Happily for the administration of the affairs of Britain's colonial empire, he was induced by Lord Stanley, then secretary of state for the colonies, to surrender his prospects in parliament and accept the governorship of Jamaica. No doubt he was largely influenced to take this position by the conviction that he would be able to relieve his father's property from the pressure necessarily entailed upon it while he remained in the expensive field of national politics.

On his way to Jamaica he was shipwrecked, and his wife, a daughter of Mr. Charles c.u.mming Bruce, M.P., of Dunphail, Stirling, suffered a shock which so seriously impaired her health that she died a few months after her arrival in the island when she had given birth to a daughter.[3] His administration of the government of Jamaica was distinguished by a strong desire to act discreetly and justly at a time when the economic conditions of the island were still seriously disturbed by the emanc.i.p.ation of the negroes. Planter and black alike found in him a true friend and sympathizer. He recognized the necessity of improving the methods of agriculture, and did much by the establishment of agricultural societies to spread knowledge among the ignorant blacks, as well as to create a spirit of emulation among the landlords, who were still sullen and apathetic, requiring much persuasion to adapt themselves to the new order of things, and make efforts to stimulate skilled labour among the coloured population whom they still despised. Then, as always in his career, he was animated by the n.o.ble impulse to administer public affairs with a sole regard to the public interests, irrespective of cla.s.s or creed, to elevate men to a higher conception of their public duties. "To reconcile the planter"--I quote from one of his letters to Lord Stanley--"to the heavy burdens which he was called to bear for the improvement of our establishments and the benefit of the ma.s.s of the population, it was necessary to persuade him that he had an interest in raising the standard of education and morals among the peasantry; and this belief could be imparted only by inspiring a taste for a more artificial system of husbandry." "By the silent operation of such salutary convictions," he added, "prejudices of old standing are removed; the friends of the negro and of the proprietary cla.s.ses find themselves almost unconsciously acting in concert, and conspiring to complete that great and holy work of which the emanc.i.p.ation of the slave was but the commencement."

At this time the relations between the island and the home governments were always in a very strained condition on account of the difficulty of making the colonial office fully sensible of the financial embarra.s.sment caused by the upheaval of the labour and social systems, and of the wisest methods of a.s.sisting the colony in its straits. As it too often happened in those old times of colonial rule, the home government could with difficulty be brought to understand that the economic principles which might satisfy the state of affairs in Great Britain could not be hastily and arbitrarily applied to a country suffering under peculiar difficulties. The same unintelligent spirit which forced taxation on the thirteen colonies, which complicated difficulties in the Canadas before the rebellion of 1837, seemed for the moment likely to prevail, as soon as the legislature of Jamaica pa.s.sed a tariff framed naturally with regard to conditions existing when the receipts and expenditures could not be equalized, and the financial situation could not be relieved from its extreme tension in any other way than by the imposition of duties which happened to be in antagonism with the principles then favoured by the imperial government. At this critical juncture Lord Elgin successfully interposed between the colonial office and the island legislature, and obtained permission for the latter to manage this affair in its own way. He recognized the fact, obvious enough to any one conversant with the affairs of the island, that the tariff in question was absolutely necessary to relieve it from financial ruin, and that any strenuous interference with the right of the a.s.sembly to control its own taxes and expenses would only tend to create complications in the government and the relations with the parent state. He was convinced, as he wrote to the colonial office, that an indispensable condition of his usefulness as a governor was "a just appreciation of the difficulties with which the legislature of the island had yet to contend, and of the sacrifices and exertions already made under the pressure of no ordinary embarra.s.sments."

Here we see Lord Elgin, at the very commencement of his career as a colonial governor, fully alive to the economic, social, and political conditions of the country, and anxious to give its people every legitimate opportunity to carry out those measures which they believed, with a full knowledge and experience of their own affairs, were best calculated to promote their own interests. We shall see later that it was in exactly the same spirit that he administered Canadian questions of much more serious import.

Though his government in Jamaica was in every sense a success, he decided not to remain any longer than three years, and so wrote in 1845 to Lord Stanley. Despite his earnest efforts to identify himself with the island's interests, he had led on the whole a retired and sad life after the death of his wife. He naturally felt a desire to seek the congenial and sympathetic society of friends across the sea, and perhaps return to the active public life for which he was in so many respects well qualified. In offering his resignation to the colonial secretary he was able to say that the period of his administration had been "one of considerable social progress"; that "uninterrupted harmony" had "prevailed between the colonists and the local government"; that "the spirit of enterprise" which had proceeded from Jamaica for two years had "enabled the British West Indian colonies to endure with comparative fort.i.tude, apprehensions and difficulties which otherwise might have depressed them beyond measure."

It was not, however, until the spring of 1846 that Lord Elgin was able to return on leave of absence to England, where the seals of office were now held by a Liberal administration, in which Lord Grey was colonial secretary. Although his political opinions differed from those of the party in power, he was offered the governor-generalship of Canada when he declined to go back to Jamaica. No doubt at this juncture the British ministry recognized the absolute necessity that existed for removing all political grievances that arose from the tardy concession of responsible government since the death of Lord Sydenham, and for allaying as far as possible the discontent that generally prevailed against the new fiscal policy of the parent state, which had so seriously paralyzed Canadian industries. It was a happy day for Canada when Lord Elgin accepted this gracious offer of his political opponents, who undoubtedly recognized in him the possession of qualities which would enable him successfully, in all probability, to grapple with the perplexing problems which embarra.s.sed public affairs in the province. He felt (to quote his own language at a public dinner given to him just before his departure for Canada) that he undertook no slight responsibilities when he promised "to watch over the interests of those great offshoots of the British race which plant themselves in distant lands, to aid them in their efforts to extend the domain of civilization, and to fulfill the first behest of a benevolent Creator to His intelligent creatures--'subdue the earth'; to abet the generous endeavour to impart to these rising communities the full advantages of British laws, British inst.i.tutions, and British freedom; to a.s.sist them in maintaining unimpaired--it may be in strengthening and confirming--those bonds of mutual affection which unite the parent and dependent states."

Before his departure for the scene of his labours in America, he married Lady Mary Louisa Lambton, daughter of the Earl of Durham, whose short career in Canada as governor-general and high commissioner after the rebellion of 1837 had such a remarkable influence on the political conditions of the country. Whilst we cannot attach too much importance to the sage advice embodied in that great state paper on Canadian affairs which was the result of his mission to Canada, we cannot fail at the same time to see that the full vindication of the sound principles laid down in that admirable report is to be found in the complete success of their application by Lord Elgin. The minds of both these statesmen ran in the same direction. They desired to give adequate play to the legitimate aspirations of the Canadian people for that measure of self-government which must stimulate an independence of thought and action among colonial public men, and at the same time strengthen the ties between the parent state and the dependency by creating that harmony and confidence which otherwise could not exist in the relations between them. But while there is little doubt that Lord Elgin would under any circ.u.mstances have been animated by a deep desire to establish the principles of responsible government in Canada, this desire must have been more or less stimulated by the tender ties which bound him to the daughter of a statesman whose opinions where so entirely in harmony with his own. In Lord Elgin's temperament there was always a mingling of sentiment and reason, as may be seen by reference to his finest exhibitions of eloquence. We can well believe that a deep reverence for the memory of a great man, too soon removed from the public life of Great Britain, combined with the natural desire to please his daughter when he wrote these words to her:--

"I still adhere to my opinion that the real and effectual vindication of Lord Durham's memory and proceedings will be the success of a governor-general of Canada who works out his views of government fairly. Depend upon it, if this country is governed for a few years satisfactorily, Lord Durham's reputation as a statesman will be raised beyond the reach of cavil."

Now, more than half a century after he penned these words and expressed this hope, we all perceive that Lord Elgin was the instrument to carry out this work.

Here it is necessary to close this very brief sketch of Lord Elgin's early career, that I may give an account of the political and economic conditions of the dependency at the end of January, 1847, when he arrived in the city of Montreal to a.s.sume the responsibilities of his office. This review will show the difficulties of the political situation with which he was called upon to cope, and will enable us to obtain an insight into the high qualifications which he brought to the conduct of public affairs in the Canadas.

CHAPTER II

POLITICAL CONDITION IN CANADA

To understand clearly the political state of Canada at the time Lord Elgin was appointed governor-general, it is necessary to go back for a number of years. The unfortunate rebellions which were precipitated by Louis Joseph Papineau and William Lyon Mackenzie during 1837 in the two Canadas were the results of racial and political difficulties which had gradually arisen since the organization of the two provinces of Upper and Lower Canada under the Const.i.tutional Act of 1791. In the French section, the French and English Canadians--the latter always an insignificant minority as respects number--had in the course of time formed distinct parties. As in the courts of law and in the legislature, so it was in social and everyday life, the French Canadian was in direct antagonism to the English Canadian. Many members of the official and governing cla.s.s, composed almost exclusively of English, were still too ready to consider French Canadians as inferior beings, and not ent.i.tled to the same rights and privileges in the government of the country. It was a time of pa.s.sion and declamation, when men of fervent eloquence, like Papineau, might have aroused the French as one man, and brought about a general rebellion had they not been ultimately thwarted by the efforts of the moderate leaders of public opinion, especially of the priests who, in all national crises in Canada, have happily intervened on the side of reason and moderation, and in the interests of British connection, which they have always felt to be favourable to the continuance and security of their religious inst.i.tutions. Lord Durham, in his memorable report on the condition of Canada, has summed up very expressively the nature of the conflict in the French province. "I expected," he said, "to find a contest between a government and a people; I found two nations warring in the bosom of a single state; I found a struggle, not of principles, but of races."

While racial antagonisms intensified the difficulties in French Canada, there existed in all the provinces political conditions which arose from the imperfect nature of the const.i.tutional system conceded by England in 1791, and which kept the country in a constant ferment.

It was a mockery to tell British subjects conversant with British inst.i.tutions, as Lieutenant-Governor Simcoe told the Upper Canadians in 1792, that their new system of government was "an image and transcript of the British const.i.tution." While it gave to the people representative inst.i.tutions, it left out the very principle which was necessary to make them work harmoniously--a government responsible to the legislature, and to the people in the last resort, for the conduct of legislation and the administration of affairs. In consequence of the absence of this vital principle, the machinery of government became clogged, and political strife convulsed the country from one end to the other. An "irrepressible conflict" arose between the government and the governed cla.s.ses, especially in Lower Canada. The people who in the days of the French regime were without influence and power, had gained under their new system, defective as it was in essential respects, an insight into the operation of representative government, as understood in England. They found they were governed, not by men responsible to the legislature and the people, but by governors and officials who controlled both the executive and legislative councils. If there had always been wise and patient governors at the head of affairs, or if the imperial authorities could always have been made aware of the importance of the grievances laid before them, or had understood their exact character, the differences between the government and the majority of the people's representatives might have been arranged satisfactorily. But, unhappily, military governors like Sir James Craig only aggravated the dangers of the situation, and gave demagogues new opportunities for exciting the people. The imperial authorities, as a rule, were sincerely desirous of meeting the wishes of the people in a reasonable and fair spirit, but unfortunately for the country, they were too often ill-advised and ill-informed in those days of slow communication, and the fire of public discontent was allowed to smoulder until it burst forth in a dangerous form.

In all the provinces, but especially in Lower Canada, the people saw their representatives practically ignored by the governing body, their money expended without the authority of the legislature, and the country governed by irresponsible officials. A system which gave little or no weight to public opinion as represented in the House of a.s.sembly, was necessarily imperfect and unstable, and the natural result was a deadlock between the legislative council, controlled by the official and governing cla.s.s, and the house elected by the people.

The governors necessarily took the side of the men whom they had themselves appointed, and with whom they were acting. In the maritime provinces in the course of time, the governors made an attempt now and then to conciliate the popular element by bringing in men who had influence in the a.s.sembly, but this was a matter entirely within their own discretion. The system of government as a whole was worked in direct contravention of the principle of responsibility to the majority in the popular house. Political agitators had abundant opportunities for exciting popular pa.s.sion. In Lower Canada, Papineau, an eloquent but impulsive man, having rather the qualities of an agitator than those of a statesman, led the majority of his compatriots.

For years he contended for a legislative council elected by the people: and it is curious to note that none of the men who were at the head of the popular party in Lower Canada ever recognized the fact, as did their contemporaries in Upper Canada, that the difficulty would be best solved, not by electing an upper house, but by obtaining an executive which would only hold office while supported by a majority of the representatives in the people's house. In Upper Canada the radical section of the Liberal party was led by Mr. William Lyon Mackenzie, who fought vigorously against what was generally known as the "Family Compact," which occupied all the public offices and controlled the government.

In the two provinces these two men at last precipitated a rebellion, in which blood was shed and much property destroyed, but which never reached any very extensive proportions. In the maritime provinces, however, where the public grievances were of less magnitude, the people showed no sympathy whatever with the rebellious elements of the upper provinces.

Amid the gloom that overhung Canada in those times there was one gleam of sunshine for England. Although discontent and dissatisfaction prevailed among the people on account of the manner in which the government was administered, and of the attempts of the minority to engross all power and influence, there was still a sentiment in favour of British connection, and the annexationists were relatively few in number. Even Sir Francis Bond Head--in no respect a man of sagacity--understood this well when he depended on the militia to crush the outbreak in the upper province; and Joseph Howe, the eminent leader of the popular party, uniformly a.s.serted that the people of Nova Scotia were determined to preserve the integrity of the empire at all hazards. As a matter of fact, the majority of leading men, outside of the minority led by Papineau, Nelson and Mackenzie, had a conviction that England was animated by a desire to act considerately with the provinces and that little good would come from precipitating a conflict which could only add to the public misfortunes, and that the true remedy was to be found in const.i.tutional methods of redress for the political grievances which undoubtedly existed throughout British North America.

The most important clauses of the Union Act, which was pa.s.sed by the imperial parliament in 1840 but did not come into effect until February of the following year, made provision for a legislative a.s.sembly in which each section of the united provinces was represented by an equal number of members--forty-two for each and eighty-four for both; for the use of the English language alone in the written or printed proceedings of the legislature; for the placing of the public indebtedness of the two provinces at the union as a first charge on the revenues of the united provinces; for a two-thirds vote of the members of each House before any change could be made in the representation. These enactments, excepting the last which proved eventually to be in their interest, were resented by the French Canadians as clearly intended to place them in a position of inferiority to the English Canadians. Indeed it was with natural indignation they read that portion of Lord Durham's report which expressed the opinion that it was necessary to unite the two races on terms which would give the domination to the English. "Without effecting the change so rapidly or so roughly," he wrote, "as to shock the feelings or to trample on the welfare of the existing generation, it must henceforth be the first and steady purpose of the British government to establish an English population, with English laws and language, in this province, and to trust its government to none but a decidedly English legislature."

French Canadians dwelt with emphasis on the feet that their province had a population of 630,000 souls, or 160,000 more than Upper Canada, and nevertheless received only the same number of representatives.

French Canada had been quite free from the financial embarra.s.sment which had brought Upper Canada to the verge of bankruptcy before the union; in fact the former had actually a considerable surplus when its old const.i.tution was revoked on the outbreak of the rebellion. It was, consequently, with some reason, considered an act of injustice to make the people of French Canada pay the debts of a province whose revenue had not for years met its liabilities. Then, to add to these decided grievances, there was a proscription of the French language, which was naturally resented as a flagrant insult to the race which first settled the valley of the St. Lawrence, and as the first blow levelled against the special inst.i.tutions so dear to French Canadians and guaranteed by the Treaty of Paris and the Quebec Act. Mr. LaFontaine, whose name will frequently occur in the following chapters of this book, declared, when he presented himself at the first election under the Union Act, that "it was an act of injustice and despotism"; but, as we shall soon see, he became a prime minister under the very act he first condemned. Like the majority of his compatriots, he eventually found in its provisions protection for the rights of the people, and became perfectly satisfied with a system of government which enabled them to obtain their proper position in the public councils and restore their language to its legitimate place in the legislature.

But without the complete grant of responsible government it would never have been possible to give to French Canadians their legitimate influence in the administration and legislation of the country, or to reconcile the differences which had grown up between the two nationalities before the union and seemed likely to be perpetuated by the conditions of the Union Act just stated. Lord Durham touched the weakest spot in the old const.i.tutional system of the Canadian provinces when he said that it was not "possible to secure harmony in any other way than by administering the government on those principles which have been found perfectly efficacious in Great Britain." He would not "impair a single prerogative of the crown"; on the contrary he believed "that the interests of the people of these provinces require the protection of prerogatives which have not hitherto been exercised." But he recognized the fact as a const.i.tutional statesman that "the crown must, on the other hand, submit to the necessary consequences of representative inst.i.tutions; and if it has to carry on the government in unison with a representative body, it must consent to carry it on by means of those in whom that representative body has confidence." He found it impossible "to understand how any English statesman could have ever imagined that representative and irresponsible government could be successfully combined." To suppose that such a system would work well there "implied a belief that French Canadians have enjoyed representative inst.i.tutions for half a century without acquiring any of the characteristics of a free people; that Englishmen renounce every political opinion and feeling when they enter a colony, or that the spirit of Anglo-Saxon freedom is utterly changed and weakened among those who are transplanted across the Atlantic."

No one who studies carefully the history of responsible government from the appearance of Lord Durham's report and Lord John Russell's despatches of 1839 until the coming of Lord Elgin to Canada in 1847, can fail to see that there was always a doubt in the minds of the imperial authorities--a doubt more than once actually expressed in the instructions to the governors--whether it was possible to work the new system on the basis of a governor directly responsible to the parent state and at the same time acting under the advice of ministers directly responsible to the colonial parliament. Lord John Russell had been compelled to recognize the fact that it was not possible to govern Canada by the old methods of administration--that it was necessary to adopt a new colonial policy which would give a larger measure of political freedom to the people and ensure greater harmony between the executive government and the popular a.s.semblies. Mr.

Poulett Thomson, afterwards Lord Sydenham, was appointed governor-general with the definite objects of completing the union of the Canadas and inaugurating a more liberal system of colonial administration. As he informed the legislature of Upper Canada immediately after his arrival, in his anxiety to obtain its consent to the union, he had received "Her Majesty's commands to administer the government of these provinces in accordance with the well understood wishes and interests of the people." When the legislature of the united provinces met for the first time, he communicated two despatches in which the colonial secretary stated emphatically that, "Her Majesty had no desire to maintain any system or policy among her North American subjects which opinion condemns," and that there was "no surer way of gaining the approbation of the Queen than by maintaining the harmony of the executive with the legislative authorities." The governor-general was instructed, in order "to maintain the utmost possible harmony," to call to his councils and to employ in the public service "those persons who, by their position and character, have obtained the general confidence and esteem of the inhabitants of the province." He wished it to be generally made known by the governor-general that thereafter certain heads of departments would be called upon "to retire from the public service as often as any sufficient motives of public policy might suggest the expediency of that measure." It appears, however, that there was always a reservation in the minds of the colonial secretary and of governors who preceded Lord Elgin as to the meaning of responsible government and the methods of carrying it out in a colony dependent on the crown.

Lord Sydenham himself believed that the council should be one "for the governor to consult and no more"; that the governor could "not be responsible to the government at home and also to the legislature of the province," for if it were so "then all colonial government becomes impossible." The governor, in his opinion, "must therefore be the minister [i.e., the colonial secretary], in which case he cannot be under control of men in the colony." But it was soon made clear to so astute a politician as Lord Sydenham that, whatever were his own views as to the meaning that should be attached to responsible government, he must yield as far as possible to the strong sentiment which prevailed in the country in favour of making the ministry dependent on the legislature for its continuance in office. The resolutions pa.s.sed by the legislature in support of responsible government were understood to have his approval. They differed very little in words--in essential principle not at all--from those first introduced by Mr. Baldwin. The inference to be drawn from the political situation of that time is that the governor's friends in the council thought it advisable to gain all possible credit with the public in connection with the all-absorbing question of the day, and accordingly brought in the following resolutions in amendment to those presented by the Liberal chief:--

"1. That the head of the executive government of the province, being within the limits of his government the representative of the sovereign, is responsible to the imperial authority alone, but that nevertheless the management of our local affairs can only be conducted by him with the a.s.sistance, counsel, and information of subordinate officers in the province.

"2. That in order to preserve between the different branches of the provincial parliament that harmony which is essential to the peace, welfare, and good government of the province, the chief advisers of the representative of the sovereign, const.i.tuting a provincial administration under him, ought to be men possessed of the confidence of the representatives of the people; thus affording a guarantee that the well-understood wishes and interests of the people--which our gracious sovereign has declared shall be the rule of the provincial government--will on all occasions be faithfully represented and advocated.

"3. That the people of this province have, moreover, the right to expect from such provincial administration the exercise of their best endeavours, that the imperial authority, within its const.i.tutional limits, shall be exercised in the manner most consistent with their well-understood wishes and interests."

It is quite possible that had Lord Sydenham lived to complete his term of office, the serious difficulties that afterwards arose in the practice of responsible government would not have occurred. Gifted with a clear insight into political conditions and a thorough knowledge of the working of representative inst.i.tutions, he would have understood that if parliamentary government was ever to be introduced into the colony it must be not in a half-hearted way, or with such reservations as he had had in his mind when he first came to the province. Amid the regret of all parties he died from the effects of a fall from his horse a few months after the inauguration of the union, and was succeeded by Sir Charles Bagot, who distinguished himself in a short administration of two years by the conciliatory spirit which he showed to the French Canadians, even at the risk of offending the ultra loyalists who seemed to think, for some years after the union, that they alone were ent.i.tled to govern the dependency.

The first ministry after that change was composed of Conservatives and moderate Liberals, but it was soon entirely controlled by the former, and never had the confidence of Mr. Baldwin. That eminent statesman had been a member of this administration at the time of the union, but he resigned on the ground that it ought to be reconstructed if it was to represent the true sentiment of the country at large. When Sir Charles Bagot became governor the Conservatives were very sanguine that they would soon obtain exclusive control of the government, as he was known to be a supporter of the Conservative party in England. It was not long, however, before it was evident that his administration would be conducted, not in the interests of any set of politicians, but on principles of compromise and justice to all political parties, and, above all, with the hope of conciliating the French Canadians and bringing them into harmony with the new conditions. One of his first acts was the appointment of an eminent French Canadian, M. Vallieres de Saint-Real, to the chief-justiceship of Montreal. Other appointments of able French Canadians to prominent public positions evoked the ire of the Tories, then led by the Sherwoods and Sir Allan MacNab, who had taken a conspicuous part in putting down the rebellion of 1837-8. Sir Charles Bagot, however, persevered in his policy of attempting to stifle racial prejudices and to work out the principles of responsible government on broad national lines. He appointed an able Liberal and master of finance, Mr. Francis Hincks, to the position of inspector-general with a seat in the cabinet. The influence of the French Canadians in parliament was now steadily increasing, and even strong Conservatives like Mr. Draper were forced to acknowledge that it was not possible to govern the province on the principle that they were an inferior and subject people, whose representatives could not be safely entrusted with any responsibilities as ministers of the crown. Negotiations for the entrance of prominent French Canadians in opposition to the government went on without result for some time, but they were at last successful, and the first LaFontaine-Baldwin cabinet came into existence in 1842, largely through the instrumentality of Sir Charles Bagot. Mr. Baldwin was a statesman whose greatest desire was the success of responsible government without a single reservation. Mr.

LaFontaine was a French Canadian who had wisely recognized the necessity of accepting the union he had at first opposed, and of making responsible government an instrument for the advancement of the interests of his compatriots and of bringing them into unison with all nationalities for the promotion of the common good. The other prominent French Canadian in the ministry was Mr. A.N. Morin, who possessed the confidence and respect of his people, but was wanting in the energy and ability to initiate and press public measures which his leader possessed.

The new administration had not been long in office when the governor-general fell a victim to an attack of dropsy, complicated by heart disease, and was succeeded by Sir Charles Metcalfe, who had held prominent official positions in India, and was governor of Jamaica previous to Lord Elgin's appointment. No one who has studied his character can doubt the honesty of his motives or his amiable qualities, but his political education in India and Jamaica rendered him in many ways incapable of understanding the political conditions of a country like Canada, where the people were determined to work out the system of parliamentary government on strictly British principles.

He could have obtained little a.s.sistance from British statesmen had he been desirous of mastering and applying the principles of responsible government to the dependency. Their opinions and instructions were still distinguished by a perplexing vagueness. They would not believe that a governor of a dependency could occupy exactly the same relation with respect to his responsible advisers and to political parties as is occupied with such admirable results by the sovereign of England.

It was considered necessary that a governor should make himself as powerful a factor as possible in the administration of public affairs--that he should be practically the prime minister, responsible, not directly to the colonial legislature, but to the imperial government, whose servant he was and to whom he should constantly refer for advice and a.s.sistance whenever in his opinion the occasion arose. In other words it was almost impossible to remove from the mind of any British statesman, certainly not from the colonial office of those days, the idea that parliamentary government meant one thing in England and the reverse in the colonies, that Englishmen at home could be entrusted with a responsibility which it was inexpedient to allow to Englishmen or Frenchmen across the sea. The colonial office was still reluctant to give up complete control of the local administration of the province, and wished to retain a veto by means of the governor, who considered official favour more desirable than the approval of any colonial legislature. More or less imbued with such views, Sir Charles Metcalfe was bound to come into conflict with LaFontaine and Baldwin, who had studied deeply the principles and practice of parliamentary government, and knew perfectly well that they could be carried out only by following the precedents established in the parent state.

It was not long before the rupture came between men holding views so diametrically opposed to each other with respect to the conduct of government. The governor-general decided not to distribute the patronage of the crown under the advice of his responsible ministry, as was, of necessity, the const.i.tutional practice in England, but to ignore the latter, as he boldly declared, whenever he deemed it expedient. "I wish," he wrote to the colonial secretary, "to make the patronage of the government conducive to the conciliation of all parties by bringing into the public service men of the greatest merit and efficiency without any party distinction." These were n.o.ble sentiments, sound in theory, but entirely incompatible with the operation of responsible government. If patronage is to be properly exercised in the interests of the people at large, it must be done by men who are directly responsible to the representatives of the people.

If a governor-general is to make appointments without reference to his advisers, he must be more or less subject to party criticism, without having the advantage of defending himself in the legislature, or of having men duly authorized by const.i.tutional usage to do so. The revival of that personal government which had evoked so much political rancour, and brought governors into the arena of party strife before the rebellion, was the natural result of the obstinate and unconst.i.tutional att.i.tude a.s.sumed by Lord Metcalfe with respect to appointments to office and other matters of administration.

All the members of the LaFontaine-Baldwin government, with the exception of Mr. Dominick Daly, resigned in consequence of the governor's action. Mr. Daly had no special party proclivities, and found it to his personal interests to remain his Excellency's sole adviser. Practically the province was without an administration for many months, and when, at last, the governor-general was forced by public opinion to show a measure of respect for const.i.tutional methods of government, he succeeded after most strenuous efforts in forming a Conservative cabinet, in which Mr. Draper was the only man of conspicuous ability. The French Canadians were represented by Mr.