When LaFontaine resigned the premiership the
ministry was dissolved
and it was necessary for the governor-general to choose his successor. After the retirement of Baldwin, Hincks and his
colleagues from Upper
Canada were induced to remain in the cabinet and the latter became the leader in that province. He was endowed with great
natural shrewdness, was
deeply versed in financial and commercial matters, had a complete comprehension of the material conditions of the
province, and recognized
the necessity of rapid railway construction if the people were to hold their own against the competition of
their very energetic
neighbours to the south. His ideas of trade, we can well believe, recommended themselves to Lord Elgin, who saw in
him the very man he
needed to help him in his favourite scheme of bringing about reciprocity with the United States. At the same
time he was now the most
prominent man in the Liberal party so long led by Baldwin and LaFontaine, and the governor-general very properly
called upon him to
reconstruct the ministry. He assumed the responsibility and formed the government known in the political history of
Canada as the
Hincks-Morin ministry; but before we consider its personnel and review its measures, it is necessary to recall the
condition of political
parties at the time it came into power.
During the years Baldwin and
LaFontaine were in office, the politics of the province were in the process of changes
which eventually led to
important results in the state of parties. The Parti Rouge was formed in Lower Canada out of the extreme
democratic element of the people by Papineau, who, throughout his
parliamentary career since his return from exile, showed the most determined
opposition to
LaFontaine, whose measures were always distinguished by a spirit of conservatism, decidedly congenial to the dominant
classes in French Canada
where the civil and religious institutions of the country had much to fear from the promulgation of republican
principles.
The new party was composed chiefly of young
Frenchmen, then in the
first stage of their political growth--notably A.A. Dorion, J.B.E. Dorion (l'enfant terrible), R. Doutre,
Dessaules, Labreche, Viger, and Laflamme; L.H. Holton, and a very few men of
British descent were
also associated with the party from its commencement. Its organ was L'Avenir of Montreal, in which were constantly
appearing violent
diatribes and fervid appeals to national prejudice, always peculiar to French Canadian journalism. It commenced with a
programme in which it
advocated universal suffrage, the abolition of property qualification for members of the legislature, the repeal of the
union, the abolition of
tithes, a republican form of government, and even, in a moment of extreme political aberration, annexation to the
United States. It was a
feeble imitation of the red republicanism of the French revolution, and gave positive evidences of the inspiration of
the hero of the fight at
St. Denis in 1837. Its platform was pervaded not only by hatred of British institutions, but with contempt
for the clergy and
religion generally. Its revolutionary principles were at once repudiated by the great mass of French Canadians
and for years it had but
a feeble existence. It was only when its leading spirits reconstructed their platform and struck out its
most objectionable
planks, that it became something of a factor in practical Canadian politics. In 1851 it was still insignificant
numerically in the
legislature, and could not affect the fortunes of the Liberal party in Lower Canada then distinguished by the ability of
A.N. Morin, P.J.O.
Chauveau, R.E. Caron, E.P. Tache, and L.P. Drummond. The recognized leader of this dominant party was Morin, whose
versatile knowledge,
lucidity of style, and charm of manner gave him much strength in parliament. His influence, however, as I have
already said, was too
often weakened by an absence of energy and of the power to lead at national or political crises.
Parties in Upper Canada also
showed the signs of change. The old Tory party had been gradually modifying its opinions
under the influence of
responsible government, which showed its wisest members that ideas that prevailed before the union had no place under
the new, progressive
order of things. This party, nominally led by Sir Allan MacNab, that staunch old loyalist, now called
itself Conservative, and was quite ready, in fact anxious, to forget the
part it took in
connection with the rebellion-losses legislation, and to win that support in French Canada without which it could
not expect to obtain
office. The ablest man in its councils was already John Alexander Macdonald, whose political sagacity and keenness
to seize political
advantages for the advancement of his party, were giving him the lead among the Conservatives. The Liberals had shown
signs of disintegration
ever since the formation of the "Clear Grits," whose most conspicuous members were Peter Perry, the
founder of the Liberal
party in Upper Canada before the union; William McDougall, an eloquent young lawyer and journalist; Malcolm Cameron, who
had been assistant
commissioner of public works in the LaFontaine-Baldwin government; Dr. John Rolph, one of the leaders of the movement
that ended in the
rebellion of 1837; Caleb Hopkins, a western farmer of considerable energy and natural ability; David Christie, a
well-known
agriculturist; and John Leslie, the proprietor of the Toronto Examiner, the chief organ of the new party. It
was organized as a
remonstrance against what many men in the old Liberal party regarded as the inertness of their leaders to carry out
changes considered
necessary in the political interests of the country. Its very name was a proof that its leaders believed there should be
no reservation in the
opinion held by their party--that there must be no alloy or foreign metal in their political coinage, but it
must be clear Grit. Its
platform embraced many of the cardinal principles of the original Reform or Liberal party, but it also advocated
such radical changes as
the application of the elective principle to all classes of officials (including the governor-general), universal
suffrage, vote by ballot, biennial parliaments, the abolition of the courts
of chancery and common
pleas, free trade and direct taxation.
The Toronto Globe, which was
for a short time the principal exponent of ministerial views, declared that many of the
doctrines enunciated by
the Clear Grits "embody the whole difference between a republican form of government and the limited monarchy of
Great Britain." The
Globe was edited by George Brown, a Scotsman by birth, who came with his father in his youth to the western province
and entered into
journalism, in which he attained eventually signal success by his great intellectual force and tenacity of purpose.
His support of the
LaFontaine-Baldwin ministry gradually dropped from a moderate enthusiasm to a positive coolness, from its
failure to carry out the principles urged by The Globe--especially the
secularization of the
clergy reserves. Then he commenced to raise the cry of French domination and to attack the religion and special
institutions of French
Canada with such virulence that at last he became "a governmental impossibility," so far as the
influence of that province was concerned. He supported the Clear Grits in the
end, and became their
recognized leader when they gathered to themselves all the discontented and radical elements of the Liberal
party which had for some
years been gradually splitting into fragments. The power of the Clear Grits was first shown in 1851, when William
Lyon Mackenzie succeeded
in obtaining a majority of Reformers in support of his motion for the abolition of the court of chancery,
and forced the
retirement of Baldwin, whose conservatism had gradually brought him into antagonism with the extremists of his old
party.
Although relatively small in numbers in 1851, the
Clear Grits had the
ability to do much mischief, and Hincks at once recognized the expediency of making concessions to their leaders
before they demoralized
or ruined the Liberal party in the west. Accordingly, he invited Dr. Rolph and Malcolm Cameron to take
positions in the new
ministry. They consented on condition that the secularization of the clergy reserves would be a part of the ministerial
policy. Hincks then
presented the following names to the governor-general:
Upper Canada.--Hon. F. Hincks,
inspector-general; Hon. W.B. Richards, attorney-general of Upper Canada; Hon.
Malcolm Cameron,
president of the executive council; Hon. John Rolph, commissioner of crown lands; Hon. James
Morris,
postmaster-general.
Lower Canada.--Hon. A.N. Morin, provincial
secretary, Hon. L.P.
Drummond, attorney-general of Lower Canada; Hon. John Young, commissioner of public works; Hon. R.E. Caron,
president of legislative
council; Hon. E.P. Tache, receiver-general.
Later, Mr. Chauveau and Mr.
John Ross were appointed solicitors-general for Lower and Upper Canada,
without seats in the
cabinet.
Parliament was dissolved in November, when it had
completed its
constitutional term of four years, and the result of the elections was the triumph of the new ministry. It obtained a
large majority in Lower
Canada, and only a feeble support in Upper Canada. The most notable acquisition to parliament was George Brown, who
had been defeated
previously in a bye-election of the same year by William Lyon Mackenzie, chiefly on account of his being most
obnoxious to the Roman
Catholic voters. He was assuming to be the Protestant champion in journalism, and had made a violent attack on the
Roman Catholic faith on
the occasion of the appointment of Cardinal Wiseman as Archbishop of Westminster, an act denounced by extreme
Protestants throughout the British empire as an unconstitutional and
dangerous interference by the Pope with the dearest rights of Protestant
England. As soon as
Brown entered the legislature he defined his political position by declaring that, while he saw much to condemn in
the formation of the
ministry and was dissatisfied with Hincks's explanations, he preferred giving it for the time being his support rather
than seeing the
government handed over to the Conservatives. As a matter of fact, he soon became the most dangerous adversary that the
government had to meet.
His style of speaking--full of facts and bitterness--and his control of an ably conducted and widely circulated
newspaper made him a
force in and out of parliament. His aim was obviously to break up the new ministry, and possibly to ensure the
formation of some new
combination in which his own ambition might be satisfied. As we shall shortly see, his schemes failed chiefly through
the more skilful
strategy of the man who was always his rival--his successful rival--John A. Macdonald.
During its existence the
Hincks-Morin ministry was distinguished by its energetic policy for the promotion of railway,
maritime and commercial
enterprises. It took the first steps to stimulate the establishment of a line of Atlantic steamers by
the offer of a
considerable subsidy for the carriage of mails between Canada and Great Britain. The first contract was made with a
Liverpool firm, McKean,
McLarty & Co., but the service was not satisfactorily performed, owing, probably--according to
Hincks--to the war with
Russia, and it was necessary to make a new arrangement with the Messrs. Allan, which has continued, with some
modification, until the
present time.
The negotiations for the construction of an
intercolonial railway
having failed for the reasons previously stated, (p. 100), Hincks made successful applications to English capitalists for
the construction of the
great road always known as the Grand Trunk Railway of Canada. It obtained a charter authorizing it to consolidate
the lines from Quebec to
Richmond, from Quebec to Riviere du Loup, and from Toronto to Montreal, which had received a guarantee of $3,000
a mile in accordance
with the law passed in 1851. It also had power to build the Victoria bridge across the St. Lawrence at
Montreal, and lease the
American line to Portland. By 1860, this great national highway was completed from Riviere du Loup on the lower St.
Lawrence as far as
Sarnia and Windsor on the western lakes. Its early history was notorious for much jobbery, and the English
shareholders lost the
greater part of the money which they invested in this Canadian undertaking.[13] It cost the province from first
to last upwards of
$16,000,000 but it was, on the whole, money expended in the interests of the country, whose internal development would
have been very greatly
retarded in the absence of rapid means of transit between east and west. The government also gave liberal aid to
the Great Western
Railway, which extended from the Niagara river to Hamilton, London and Windsor, and to the Northern road, which extended
north from Toronto, both
of which, many years later, became parts of the Grand Trunk system.
In accordance with its general
progressive policy, the Hincks-Morin ministry passed through the legislature an act
empowering
municipalities in Upper Canada, after the observance of certain formalities, to borrow money for the building of
railways by the issue of
municipal debentures guaranteed by the provincial government. Under this law a number of municipalities borrowed large
sums to assist railways
and involved themselves so heavily in debt that the province was ultimately obliged to come to their assistance
and assume their
obligations. For years after the passage of this measure, Lower Canada received the same privileges, but the people of
that province were never
carried away by the enthusiasm of the west and never burdened themselves with debts which they were unable to
pay. The law, however,
gave a decided impulse at the outset to railway enterprise in Upper Canada, and would have been a positive public
advantage had it been
carried out with some degree of caution.
The government established a
department of agriculture to which were given control of the taking of a decennial census,
the encouragement of
immigration, the collection of agricultural and other statistics, the establishment of model farms and agricultural
schools, the holding of
annual exhibitions and fairs, and other matters calculated to encourage the cultivation of the soil in both
sections of the
province. Malcolm Cameron became its first minister in connection with his nominal duties as president of the executive
council--a position
which he had accepted only on condition that it was accompanied by some more active connection with the
administration of public affairs.
For three sessions the
LaFontaine-Baldwin ministry had made vain efforts to pass a law increasing the
representation of the two provinces to one hundred and thirty or sixty-five
members for each
section. As already stated the Union Act required that such a measure should receive a majority of two-thirds in each
branch of the
legislature. It would have become law on two occasions had it not been for the factious opposition of Papineau, whose one
vote would have given
the majority constitutionally necessary. When it was again presented in 1853 by Mr. Morin, it received the
bitter opposition of Mr.
Brown, who was now formulating the doctrine of representation by population which afterwards became so important a
factor in provincial
politics that it divided west from east, and made government practically impossible until a federal union of
the British North
American provinces was brought about as the only feasible solution of the serious political and sectional difficulties
under which Canada was
suffering. A number of prominent Conservatives, including Mr. John A. Macdonald, were also unfavourable to the
measure on the ground that the population of Upper Canada, which was steadily
increasing over that of
Lower Canada, should be equitably considered in any readjustment of the provincial representation. The
French Canadians, who
had been forced to come into the union hi 1841 with the same representation as Upper Canada with its much
smaller population, were now unwilling to disturb the equality originally
fixed while agreeing to
an increase in the number of representatives from each section. The bill, which became law in 1853, was entirely
in harmony with the
views entertained by Lord Elgin when he first took office as governor-general of Canada. In 1847 he gave his
opinion to the colonial
secretary that "the comparatively small number of members of which the popular bodies who determine the fate
of provincial
administrations" consisted was "unfavourable to the existence of a high order of principle and feeling among official
personages." When a
defection of two or three individuals from a majority of ten or so put an administration in peril, "the perpetual
patchwork and trafficking to secure this vote and that (not to mention other
evils) so engrosses the
time and thoughts of ministers that they have not leisure for matters of greater moment" He clearly saw into the
methods by which his
first unstable ministry, which had its origin in Lord Metcalfe's time, was alone able to keep its feeble majority.
"It must be remembered,"
he wrote in 1847, "that it is only of late that the popular assemblies in this part of the world have
acquired the right of
determining who shall govern them--of insisting, as we phrase it, that the administration of affairs shall be
conducted by persons
enjoying their confidence. It is not wonderful that a privilege of this kind should be exercised at first with some
degree of recklessness,
and that while no great principles of policy are at stake, methods of a more questionable character
for winning and
retaining the confidence of these arbiters of destiny should be resorted to."
While the Hincks government
was in office, the Canadian legislature received power from the imperial authorities--as I
shall show later--to
settle the question of the clergy reserves on condition that protection should be given to those members of the
clergy who had been
beneficiaries under the Constitutional Act of 1791. A measure was passed for the settlement of the seigniorial
tenure question on an
equitable basis, but it was defeated in the legislative council by a large majority amongst which we see the names of
several seigneurs
directly interested in the measure. It was not fully discussed in that chamber on the ground that members from Upper
Canada had not had a
sufficient opportunity of studying the details of the proposed settlement and of coming to a just conclusion as
to its merits. The
action of the council under these circumstances was severely criticized, and gave a stimulus to the movement
that had been steadily
going on for years among radical reformers of both provinces in favour of an elective body.
The result was that in 1854
the British parliament repealed the clauses of the Union Act of 1840 with respect to
the upper House, and
gave full power to the Canadian legislature to make such changes as it might deem expedient--another concession to the
principle of local
self-government. It was not, however, until 1856, that the legislature passed a bill giving effect to the intentions of
the imperial law, and
the first elections were held for the council. Lord Elgin was always favourable to this constitutional change. "The
position of the second
chamber of our body politic"--I quote from a despatch of March, 1853--"is at present wholly unsatisfactory. The
principle of election
must be introduced in order to give to it the influence which it ought to possess, and that principle must be so applied
as to admit of the
working of parliamentary government (which I for one am certainly not prepared to abandon for the American system) with
two elective chambers...
When our two legislative bodies shall have been placed on this improved footing, a greater stability will
have been imparted to
our constitution, and a greater strength." Lord Elgin's view was adopted and the change was made.
It is interesting to note that
so distinguished a statesman as Lord Derby, who had been colonial secretary in a
previous administration, had only gloomy forebodings of the effects of this
elective system applied
to the upper House. He believed that the dream that he had of seeing the colonies form eventually "a monarchical
government, presided
over by one nearly and closely allied to the present royal family," would be proved quite illusory by the
legislation in question.
"Nothing," he added, "like a free and regulated monarchy could exist for a single moment under such a
constitution as that
which is now proposed for Canada. From the moment that you pass this constitution, the progress must be rapidly towards
republicanism, if
anything could be more really republican than this bill." As a matter of fact a very few years later than the utterance
of these gloomy words,
Canada and the other provinces of British North America entered into a confederation "with a constitution similar
in principle to that of
the United Kingdom"--to quote words in the preamble of the Act of Union--and with a parliament of which the House of
Commons is alone
elective. More than that, Lord Derby's dream has been in a measure realized and Canada has seen at the head of her
executive a
governor-general--the present Duke of Argyle--"nearly and closely allied to the present royal family" of England, by
his marriage to the
Princess Louise, the fourth daughter of Queen Victoria, who accompanied her husband to Ottawa.
One remarkable feature of the
Imperial Act dealing with this question of the council, was the introduction of a clause
which gave authority to
a mere majority of the members of the two Houses of the legislature to increase the representation, and consequently
removed that safeguard
to French Canada which required a two-thirds vote in each branch. As the legislature had never passed an
address or otherwise
expressed itself in favour of such an amendment of the Union Act, there was always a mystery as to the way it was
brought about. Georges
Etienne Cartier always declared that Papineau was indirectly responsible for this imperial legislation. As
already stated, the
leader of the Rouges had voted against the bill increasing the representation, and had declaimed like others
against the injustice
which the clause in the Union Act had originally done to French Canada. "This fact," said Cartier, "was known in
England, and when leave
was given to elect legislative councillors, the amendment complained of was made at the same time. It may be
said then, that if
Papineau had not systematically opposed the increase of representation, the change in question would have
never been thought of in
England." Hincks, however, was attacked by the French Canadian historian, Garneau, for having suggested the
amendment while in
England in 1854. This, however, he denied most emphatically in a pamphlet which he wrote at a later time when he
was no longer in public
life. He placed the responsibility on John Boulton, who called himself an independent Liberal and who was in
England at the same time as Hincks, and probably got the ear of the
colonial secretary or one of his subordinates in the colonial office, and
induced him to introduce
the amendment which passed without notice in a House where very little attention was given, as a rule, to
purely colonial
questions.
In 1853 Lord Elgin visited England, where he
received unqualified
praise for his able administration of Canadian affairs. It was on this occasion that Mr. Buchanan, then minister of the
United States in London,
and afterwards a president of the Republic, paid this tribute to the governor-general at a public dinner given
in his honour.
"Lord Elgin," he said, "has solved one of the most
difficult problems of
statesmanship. He has been able, successfully and satisfactorily, to administer, amidst many difficulties, a
colonial government over a free people. This is an easy task where the
commands of a despot are law to his obedient servants, but not so in a
colony where the people
feel that they possess the rights and privileges of native-born Britons. Under his enlightened government, Her
Majesty's North American
provinces have realized the blessings of a wise, prudent and prosperous administration, and we of the
neighbouring nation, though jealous of our rights, have reason to be
abundantly satisfied with his just and friendly conduct towards ourselves. He
has known how to
reconcile his devotion to Her Majesty's service with a proper regard to the rights and interests of a kindred and
neighbouring people.
Would to heaven we had such governors-general in all the European colonies in the vicinity of the United States!"
On his return from England
Lord Elgin made a visit to Washington and succeeded in negotiating the reciprocity treaty
which he had always at
heart. It was not, however, until a change of government occurred in Canada, that the legislature was able to give its
ratification to this
important measure. This subject is of such importance that it will be fully considered in a separate chapter on the
relations between Canada and the United States during Lord Elgin's term of
office.
In 1854 the Roman Catholic inhabitants of Quebec
and Montreal were deeply
excited by the lectures of a former monk, Father Gavazzi, who had become a Protestant and professed to expose
the errors of the faith
to which he once belonged. Much rioting took place in both cities, and blood was shed in Montreal, where the
troops, which had been
called out, suddenly fired on the mob. Mr. Wilson, the mayor, who was a Roman Catholic, was accused of having given
the order to fire, but
he always denied the charge, and Hincks, in his "Reminiscences," expresses his conviction that he was not
responsible. He was persuaded that "the firing was quite accidental, one man
having discharged his
piece from misapprehension, and others having followed his example until the officers threw themselves in front, and
struck up the
firelocks." Be this as it may, the Clear Grits in the West promptly made use of this incident to attack the government
on the ground that it
had failed to make a full investigation into the circumstances of the riot. As a matter of fact, according to
Hincks, the government did take immediate steps to call the attention of the
military commandant to
the matter, and the result was a court of inquiry which ended in the removal of the regiment--then only a few days
in Canada--to Bermuda
for having shown "a want of discipline." Brown inveighed very bitterly against Hincks and his colleagues, as
subject to Roman
Catholic domination in French Canada, and found this unfortunate affair extremely useful in his systematic efforts
to destroy the
government, to which at no time had he been at all favourable.
Several changes took place
during 1853 in the personnel of the ministry, which met parliament on June 13th, with
the following members
holding portfolios:
Hon. Messrs. Hincks, premier and
inspector-general; John
Ross, formerly solicitor-general west in place of Richards, elevated to the bench, attorney-general for Upper
Canada; James Morris,
president of the legislative council, in place of Mr. Caron, now a judge; John Rolph, president
of the executive
council; Malcolm Cameron, postmaster-general; A.N. Morin, commissioner of crown lands; L.P. Drummond, attorney-general for Lower Canada; Mr. Chauveau,
formerly solicitor east,
provincial secretary; J. Chabot, commissioner of public works in place of John
Young, resigned on
account of differences on commercial questions; and E.P. Tache, receiver-general. Dunbar Ross
became solicitor-general
east, and Joseph C. Morrison, solicitor-general west.
The government had decided to
have a short session, pass a few necessary measures and then appeal to the country.
The secularization of
the reserves, and the question of the seigniorial tenure were not to be taken up until the people had given an
expression of opinion as to the ministerial policy generally. As soon as
the legislature met,
Cauchon, already prominent in public life, proposed an amendment to the address, expressing regret that the government
had no intention "to
submit immediately a measure to settle the question of the seigniorial tenure." Then Sicotte, who had not
long before declined to
enter the ministry, moved to add the words "and one for the secularization of the clergy reserves." These two
amendments were carried
by a majority of thirteen in a total division of seventy-one votes. While the French Liberals continued to
support Morin, all the
Upper Canadian opponents of the government, Conservatives and Clear Grits, united with a number of Hincks's former
supporters and Rouges in
Lower Canada to bring about this ministerial defeat. The government accordingly was obliged either to resign or ask
the governor-general for
a dissolution. It concluded to adhere to its original determination, and go at once to the country. The
governor-general
consented to prorogue the legislature with a view to an immediate appeal to the electors. When the Usher of the
Black Rod appeared at
the door of the assembly chamber, to ask the attendance of the Commons in the legislative council, a scene of great
excitement occurred.
William Lyon Mackenzie made one of his vituperative attacks on the government, and was followed by John A. Macdonald,
who declared its course
to be most unconstitutional. When at last the messenger from the governor-general was admitted by order of the
speaker, the House
proceeded to the council chamber, where members were electrified by another extraordinary incident. The speaker of the
assembly was John
Sandfield Macdonald, an able Scotch Canadian, in whose character there was a spirit of vindictiveness, which always
asserted itself when he
received a positive or fancied injury. He had been a solicitor-general of Upper Canada in the
LaFontaine-Baldwin government, and had never forgiven Hincks for not having
promoted him to the
attorney-generalship, instead of W.B. Richards, afterwards an eminent judge of the old province of Canada, and first
chief justice of the
Supreme Court of the Dominion. Hincks had offered him the commissionership of crown lands in the ministry,
but he refused to accept
any office except the one on which his ambition was fixed. Subsequently, however, he was induced by his
friends to take the
speakership of the legislative assembly, but he had never forgiven what he considered a slight at the hands of the
prime minister in 1851.
Accordingly, when he appeared at the Bar of the Council in 1853, he made an attempt to pay off this old score. As
soon as he had made his
bow to the governor-general seated on the throne, Macdonald proceeded to read the following speech, which had
been carefully prepared
for the occasion in the two languages:
"May it please your
Excellency: It has been the immemorial custom of the speaker of the Commons' House of
Parliament to
communicate to the throne the general result of the deliberations of the assembly upon the principal
objects which have
employed the attention of parliament during the period of their labours. It is not now part of my
duty thus to address
your Excellency, inasmuch as there has been no act passed or judgment of parliament obtained
since we were honoured
by your Excellency's announcement of the cause of summoning of parliament by your gracious speech
from the throne. The
passing of an act through its several stages, according to the law and custom of parliament
(solemnly declared
applicable to the parliamentary proceedings of this province, by a decision of the legislative
assembly of 1841), is
held to be necessary to constitute a session of parliament. This we have been unable to
accomplish, owing to the
command which your Excellency has laid upon us to meet you this day for the purpose of prorogation. At
the same time I feel
called upon to assure your Excellency, on the part of Her Majesty's faithful Commons, that it is
not from any want of
respect to yourself, or to the August personage whom you represent in these provinces, that no
answer has been returned
by the legislative assembly to your gracious speech from the throne."
It is said by those who were
present on this interesting occasion that His Excellency was the most astonished person in
the council chamber. Mr.
Fennings Taylor, the deputy clerk with a seat at the table, tells us in a sketch of Macdonald that Lord Elgin's face
clearly marked "deep
displeasure and annoyance when listening to the speaker's address," and that he gave "a motion of angry
impatience when he found himself obliged to listen to the repetition in
French of the reproof
which had evidently galled him in English." This incident was in some respects without parallel in Canadian
parliamentary history. There was a practice, now obsolete in Canada as in England,
for the speaker, on
presenting the supply or appropriation bill to the governor-general for the royal assent, to deliver a short address
directing attention to
the principal measures passed during the session about to be closed.[14] This practice grew up in days when
there were no
responsible ministers who would be the only constitutional channel of communication between the Crown and the assembly.
The speaker was
privileged, and could be instructed as "the mouth-piece" of the House, to lay before the representative of the Sovereign
an expression of opinion
on urgent questions of the day. On this occasion Mr. Macdonald was influenced entirely by personal spite, and
made an unwarrantable
use of an old custom which was never intended, and could not be constitutionally used, to insult the
representative of the Crown, even by inference. Mr. Macdonald was not even correct
in his interpretation of
the constitution, when he positively declared that an act was necessary to constitute a session. The Crown makes
a session by summoning
and opening parliament, and it is always a royal prerogative to prorogue or dissolve it at its pleasure even
before a single act has
passed the two Houses. Such a scene could never have occurred with the better understanding of the duties of the
speaker and of the
responsibilities of ministers advising the Crown that has grown up under a more thorough study of the practice and
usages of parliament,
and of the principles of responsible government. This little political episode is now chiefly interesting as giving an
insight into one phase
of the character of a public man, who afterwards won a high position in the parliamentary and political life of Canada
before and after the
confederation of 1867, not by the display of a high order of statesmanship, but by the exercise of his tenacity
of purpose, and by
reason of his reputation for a spiteful disposition which made him feared by friend and foe.
Immediately after the
prorogation, parliament was dissolved and the Hincks-Morin ministry presented itself to the
people, who were now
called upon to elect a larger number of representatives under the act passed in 1853. Of the constitutionality of the
course pursued by the
government in this political crisis, there can now be no doubt. In the first place it was fully entitled to demand a
public judgment on its
general policy, especially in view of the fact, within the knowledge of all persons, that the opposition in the
assembly was composed of discordant elements, only temporarily brought
together by the hope of
breaking up the government. In the next place it felt that it could not be justified by sound constitutional usage in
asking a parliament in
which the people were now imperfectly represented, to settle definitely such important questions as the clergy
reserves and the
seigniorial tenure. Lord Elgin had himself no doubt of the necessity for obtaining a clear verdict from the people by
means of "the more
perfect system of representation" provided by law. In the debate on the Representation Bill in 1853, John A. Macdonald
did not hesitate to
state emphatically that the House should be governed by English precedents in the position in which it would soon
be placed by the passage
of this measure. "Look," he said, "at the Reform Bill in England. That was passed by a parliament that had
been elected only one
year before, and the moment it was passed, Lord John Russell affirmed that the House could not continue after
it had declared that the
country was not properly represented. How can we legislate on the clergy reserves until another House is elected, if
this bill passes? A
great question like this cannot be left to be decided by a mere accidental majority. We can legislate upon no
great question after we
have ourselves declared that we do not represent the country. Do these gentlemen opposite mean to say that they will
legislate on a question
affecting the rights of people yet unborn, with the fag-end of a parliament dishonoured by its own confessions of
incapacity?" Hincks in
his "Reminiscences," printed more than three decades later than this ministerial crisis, still adhered to the
opinion that the
government was fully justified by established precedent in appealing to the country before disposing summarily of the
important questions then
agitating the people. Both Lord Elgin and Sir John A. Macdonald--to give the latter the title he
afterwards received from the Crown--assuredly set forth the correct
constitutional practice
under the peculiar circumstances in which both government and legislature were placed by the legislation
increasing the
representation of the people.
The elections took place in
July and August of 1854, for in those times there was no system of simultaneous polling
on one day, but
elections were held on such days and as long as the necessities of party demanded.[15] The result was, on the whole,
adverse to the
government. While it still retained a majority in French Canada, its opponents returned in greater strength, and Morin
himself was defeated in
Terrebonne, though happily for the interests of his party he was elected by acclamation at the same time in
Chicoutimi. In Upper Canada the ministry did not obtain half the vote of the
sixty-five
representatives now elected to the legislature by that province. This vote was distributed as follows: Ministerial, 30;
Conservatives, 22; Clear
Grits, 7; and Independents, 6. Malcolm Cameron was beaten in Lambton, but Hincks was elected by two
constituencies. One auspicious result of this election was the disappearance of
Papineau from public
life. He retired to his pretty chateau on the banks of the Ottawa, and the world soon forgot the man who had once been so
prominent a figure in
Canadian politics. His graces of manner and conversation continued for years to charm his friends in that placid
evening of his life so
very different from those stormy days when his eloquence was a menace to British institutions and British connection.
Before his death, he saw
Lower Canada elevated to an independent and influential position in the confederation of British North America
which it could never
have reached as that Nation Canadienne which he had once vainly hoped to see established in the valley of the St.
Lawrence.
The Rouges, of whom Papineau had been leader, came
back in good form and
numbered nineteen members. Antoine A. Dorion, Holton, and other able men in the ranks of this once republican
party, had become wise
and adopted opinions which no longer offended the national and religious susceptibilities of their race, although
they continued to show
for years their radical tendencies which prevented them from ever obtaining a firm hold of public opinion in a
practically Conservative province, and becoming dominant in the public
councils for any length
of time.
The fifth parliament of the province of Canada was
opened by Lord Elgin on
February 5th, 1854, and the ministry was defeated immediately on the vote for the speakership, to which Mr.
Sicotte--a dignified
cultured man, at a later time a judge--was elected. On this occasion Hincks resorted to a piece of strategy which
enabled him to punish
John Sandfield Macdonald for the insult he had levelled at the governor-general and his advisers at the close of
the previous parliament.
The government's candidate was Georges Etienne Cartier, who was first elected in 1849 and who had already
become conspicuous in
the politics of his province. Sicotte was the choice of the Opposition in Lower Canada, and while there was no
belief among the
politicians that he could be elected, there was an understanding among the Conservatives and Clear Grits that an effort
should be made in his
behalf, and in case of its failure, then the whole strength of the opponents of the ministry should be so directed as
to ensure the election
of Mr. Macdonald, who was sure to get a good Reform vote from the Upper Canadian representatives. These names
were duly proposed in
order, and Cartier was defeated by a large majority. When the clerk at the table had called for a vote for Sicotte, the
number who stood up in
his favour was quite insignificant, but before the Nays were taken, Hincks arose quickly and asked that his name be
recorded with the Yeas.
All the ministerialists followed the prime minister and voted for Sicotte, who was consequently chosen speaker
by a majority of
thirty-five. But all that Hincks gained by such clever tactics was the humiliation for the moment of an irascible Scotch
Canadian politician. The
vote itself had no political significance whatever, and the government was forced to resign on September 8th.
The vote in favour of
Cartier had shown that the ministry was in a minority of twelve in Upper Canada, and if Hincks had any doubt of his
political weakness it
was at once dispelled on September 7th when the House refused to grant to the government a short delay of twenty-four
hours for the purpose of
considering a question of privilege which had been raised by the Opposition. On this occasion, Dr. Rolph, who had
been quite restless in
the government for some tune, voted against his colleagues and gave conclusive evidence that Hincks was deserted by
the majority of the
Reform party in his own province, and could no longer bring that support to the French Canadian ministerialists
which would enable them
to administer public affairs.
The resignation of the
Hincks-Morin ministry begins a new epoch in the political annals of Canada. From that time dates
the disruption of the
old Liberal party which had governed the country so successfully since 1848, and the formation of a powerful combination
which was made up of the
moderate elements of that party and of the Conservatives, which afterwards became known as the
Liberal-Conservative party. This new party practically controlled public affairs for
over three decades until
the death of Sir John A. Macdonald, to whose inspiration it largely owed its birth. With that remarkable
capacity for adapting
himself to political conditions, which was one of the secrets of his strength as a party leader, he saw in 1854 that
the time had come for
forming an alliance with those moderate Liberals in the two provinces who, it was quite clear, had no possible affinity
with the Clear Grits,
who were not only small in numbers, but especially obnoxious to the French Canadians, as a people on account of
the intemperate attacks
made by Mr. Brown in the Toronto Globe on their revered institutions.
The representatives who
supported the late ministry were still in larger numbers than any other party or faction in
the House, and it was
obvious that no government could exist without their support. Sir Allan MacNab, who was the oldest parliamentarian,
and the leader of the
Conservatives--a small but compact party--was then invited by the governor-general to assist him by his advice,
during a crisis when it
was evident to the veriest political tyro that the state of parties in the assembly rendered it very difficult to form a
stable government unless
a man could be found ready to lay aside all old feelings of personal and political rivalry and prejudice and
unite all factions on a
common platform for the public advantage. All the political conditions, happily, were favourable for a
combination on a basis of conciliation and compromise. The old Liberals in
French Canada under the
influence of LaFontaine and Morin had been steadily inclining to Conservatism with the secure establishment of
responsible government
and the growth of the conviction that the integrity of the cherished institutions of their ancient province could be
best assured by moving
slowly (festina lente), and not by constant efforts to make radical changes in the body politic. The Liberals, of whom
Hincks was leader, were
also very distrustful of Brown, and clearly saw that he could have no strength whatever in a province where
French Canada must have
a guarantee that its language, religion, and civil law, were safe in the hands of any government that might at any time
be formed. The wisest
men among the Conservatives also felt that the time had arrived for adopting a new policy since the old questions
which had once evoked
their opposition had been at last settled by the voice of the people, and could no longer constitutionally or
wisely be made matters
of continued agitation in or out of parliament. "The question that arose in the minds of the old Liberals," as it was
said many years later by
Thomas White, an able journalist and politician,[16] "was this: shall we hand over
the government of this country to the men who, calling themselves Liberals, have
broken up the Liberal
party by the declaration of extravagant views, by the enunciation of principles far more radical
and reckless than any we
are prepared to accept, and by a restless ambition which we cannot approve? Or
shall we not rather
unite with the Conservatives who have gone to the country declaring, in reference to the great
questions which then
agitated it, that if the decision at the polls was against them, they would no longer offer
resistance to their
settlement, but would, on the contrary, assist in such solution of them as would forever remove them from
the sphere of public or
political agitation."
With both Liberals and Conservatives holding such
views, it was easy
enough for John A. Macdonald to convince even Sir Allan MacNab that the time had come for forgetting the past as much
as possible, and
constituting a strong government from the moderate elements of the old parties which had served their turn and now
required to be remodelled on a wider basis of common interests. Sir Allan
MacNab recognized the
necessity of bringing his own views into harmony with those of the younger men of his party who were determined not
to allow such an
opportunity for forming a powerful ministry to pass by. The political situation, indeed, was one calculated to appeal to
both the vanity and
self-interest of the veteran statesman, and he accordingly assumed the responsibility of forming an administration. He
communicated immediately
with Morin and his colleagues in Lower Canada, and when he received a favourable reply from them, his next
step was to make
arrangements, if possible, with the Liberals of Upper Canada. Hincks was only too happy to have an opportunity of
resenting the opposition he had met with from Brown and the extreme
Reformers of the western province, and opened negotiations with his old
supporters on the
conditions that the new ministry would take immediate steps for the secularization of the clergy reserves, and the
settlement of the
seigniorial tenure, and that two members of the administration would be taken from his own followers. The negotiations
were successfully closed
on this basis of agreement, and on September 11th the following ministers were duly sworn into office:
Upper Canada.--Hon. Sir Allan
MacNab, president of the executive council and minister of agriculture;
Hon. John A. Macdonald,
attorney-general of Upper Canada; Hon. W. Cayley, inspector-general; Hon. R. Spence,
postmaster-general; Hon. John Ross, president of the legislative council.
Lower Canada.--Hon. A.N.
Morin, commissioner of crown lands; Hon. L.P. Drummond, attorney-general for Lower
Canada; Hon. P.J.O.
Chauveau, provincial secretary; Hon. E.P. Tache, receiver-general; Hon. J. Chabot, commissioner of
public works.
The new cabinet contained four
Conservatives, and six members of the old ministry. Henry Smith, a Conservative, became
solicitor-general for
Upper Canada, and Dunbar Ross continued in the same office for Lower Canada, but neither of them had seats in the
cabinet. The
Liberal-Conservative party, organized under such circumstances was attacked with great bitterness by the leaders of
the discordant factions,
who were greatly disappointed at the success of the combination formed through the skilful management
of Messrs. J.A.
Macdonald, Hineks and Morin.
The coalition was described as
"an unholy alliance" of men who had entirely abandoned their principles. But an
impartial historian must record the opinion that the coalition was
perfectly justified by
existing political conditions, that had it not taken place, a stable government would in all probability have been for
some time impossible,
and that the time had come for the reconstruction of parties with a broad generous policy which would
ignore issues at last
dead, and be more in harmony with modern requirements. It might with some reason be called a coalition when the
reconstruction of parties was going on, but it was really a successful
movement for the
annihilation of old parties and issues, and for the formation on their ruins of a new party which could gather to itself
the best materials
available for the effective conduct of public affairs on the patriotic platform of the union of the two races, of equal
rights to all classes
and creeds, and of the avoidance of purely sectional questions calculated to disturb the union of 1841.
The new government at once
obtained the support of a large majority of the representatives from each section of the
province, and was
sustained by the public opinion of the country at large. During the session of 1854 measures were passed for the
secularization of the
reserves, the removal of the seigniorial tenure, and for the ratification of the reciprocity treaty with the
United States. As I have
only been able so far in this historical narrative to refer in a very cursory manner to these very important
questions, I propose now to give in the following chapter a succinct review
of their history from
the time they first came into prominence down to their settlement at the close of Lord Elgin's administration in
Canada. |