The Story of the Upper Canada Rebellion - John Charles Dent (best historical biographies .TXT) 📗
- Author: John Charles Dent
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testimony to the same effect.
[142] _History of Canada_, p. 370.
[143] _Ante_, p. 100.
[144] _Ante_, p. 101.
[145] _Ib._
[146] _The Hamilton Outrage_, by "Vindex," p. 9. York, 1829.
[147] For the titles of these measures, see the _Seventh Report of Grievance Committee_, pp. 266, 267.
CHAPTER XI.
PARLIAMENTARY PRIVILEGE.
For several years before this time a quiet and almost imperceptible change had been taking place in Upper Canadian politics. On one side was the old High Tory or Family Compact party, who revelled in the spoils of office, and held the representative of Majesty in the hollow of their hands. The policy of this body was unchanged and unchangeable. The Reform party, though it had not been in existence more than six years, already began to show symptoms of want of cohesion. The men of moderate views, like the Rolphs, the Baldwins and the Bidwells, composed fully two-thirds of the entire number. The ultra-Radicals, composed for the most part of unlettered farmers and recently-arrived immigrants, began to show evidence of a desire to rally themselves under the banner of Mackenzie, who, through the combined influence of his paper and his election to Parliament, had of late come prominently before the public. A large and intelligent body of electors had however grown up within the last few years who, while they professed Conservative principles, were disgusted with the greedy, self-seeking Compact, whose practices they held in utter disdain. They held politicians of the Mackenzie stamp in still greater abhorrence, to which was added a large modicum of contempt. With the moderate Reformers, on the other hand, they had much in common. Many of them approved of the doctrine of Responsible Government, and almost all of them desired to see the end of Compact domination. At the last general election their votes had been very much divided. But they were now disposed to hold aloof from the Reformers in consequence of the latter's being nominally of the same party as the Mackenzie Radicals, who had only recently come into existence. The exercise of a little diplomacy and mutual forbearance at this time might, it is believed, have effected that union between these two classes of persons which was actually accomplished about a quarter of a century later. Such an union would have made the united party all powerful. It would have swept away the Compact, together with the long-standing abuses which had grown up under their rule, and the united party would quietly have assumed the reins of power with an overwhelming majority at its back. There would thus have been no _raison d'etre_ for the Radical element, which would necessarily have been absorbed, or would at least have ceased to be an important factor in political life.
These things, however, were not to be. Neither of the parties primarily interested made any advances to the other, and each was left to pursue its own line of policy. As a consequence the moderate Conservatives henceforth voted as one man. They saw the Radical element assuming an importance which, as they believed, was fraught with far greater danger to the commonwealth than was likely to arise from the continued ascendency of the Compact. They gave the official party a qualified support, merely because they regarded them as the less of two evils, and their votes at the general election of 1830 resulted in the return of a considerable majority of candidates favourable to the official body.
[Sidenote: 1831.]
The Reformers could no longer hope to obtain justice, even in the Assembly, where they had exerted a predominating influence during the last two Parliaments. So long as they had had control of the Lower House they had possessed the shadow of power without the reality. Even the shadow had been better than nothing; but of this shadow they were henceforth to be deprived. They had not only sustained numerical defeat. Some of their most trusted leaders had been beaten at the polls, and were no longer able to raise their voices in Parliament. Robert Baldwin's defeat in York has already been mentioned.[148] His father had suffered a similar fate in Norfolk. In Middlesex John Rolph and Captain Matthews had been succeeded by Colonel Mahlon Burwell and another adherent of the Compact. Lennox and Addington had again returned Bidwell and Perry, but, owing to the changed complexion of the House, there was no possibility of the former's re-election to the Speaker's chair. Among other triumphs scored by the official party were the return of the Solicitor-General, Christopher A. Hagerman, for Kingston; of the Attorney-General, H. J. Boulton, for Niagara; of William B. Robinson (brother of the Chief Justice) for Simcoe, and of Allan N. MacNab for Wentworth. York still remained true to Mackenzie, and, as will presently be seen, his presence in a House composed mainly of political opponents was destined to lead to serious complications. Upon the assembling of the Legislature early in the following year, Archibald McLean, the official candidate for the Speakership, was elected by a majority of twelve votes. No adherent of the official party could have been more acceptable to the Reformers than Mr. McLean, who was a gentleman of high standing at the bar, and who personally enjoyed great popularity. He sat for the County of Stormont, which he had represented for many years, during all of which period he had maintained friendly personal relations with the members of the Opposition. Great confidence was felt in his personal integrity, and in his earnestness for the country's welfare. He had special claims to consideration, for he was a Canadian by birth, and had fought and bled in defence of his native land during the War of 1812. Still, he represented political principles which the Reform members had been expressly returned to combat, and the mere fact of his election to the Speaker's Chair by a majority of twelve votes in a House which numbered fewer than fifty members was in itself a sufficient indication that those principles were for the time unmistakably in the ascendant in Upper Canada. The proceedings of the House during the session furnished an apt and conclusive commentary upon this fact.
The session of 1831 was chiefly memorable for two things: the passing of the Everlasting Salary Bill, as it was called by those opposed to it; and the commencement of the agitation which had for its object the exclusion of Mr. Mackenzie from the Legislature.
The Salary Bill was simply a measure granting to the Provincial Government a permanent Civil List, in return for the cession by the Crown of the control of the Imperial duties. It was introduced in accordance with a suggestion from the King, but the Provincial Executive concealed certain facts in connection with it, of which the Opposition did not become aware until some time afterwards.[149]
By this Bill provision was made for the salaries of the Lieutenant-Governor, the three Judges of the Court of King's Bench, the Attorney-General, the Solicitor-General, five Executive Councillors, and the Clerk of the Executive Council. Reformers were strenuously opposed to the measure, which they regarded as another blow at the constitutional rights of the Assembly. It of course had the effect of rendering the Executive more independent of the Assembly, and more indifferent to its opposition, than ever. Hagerman and Boulton, whose official salaries were thereby provided for, were conspicuous above all other persons in the House in defending this measure, and in browbeating those who ventured to raise their voices against it. The Reform members found Attorney-General Boulton an infliction specially hard to bear. His predecessor, Mr. Robinson, had been a sufficiently galling yoke, but his abilities had made him respected, and he had seldom attempted to play the bully. In cases where no important party interests were at stake he had generally been amenable to reason, and had not gone out of his way to needlessly exacerbate the feelings of those who disagreed with him. Now, a different order of things prevailed. Boulton was simply unendurable. His capacity was barely such as to enable him to discharge his official functions, and what he lacked in ability he made up for in bluster. He had an abominable temper, and a haughty, overbearing manner. He was always committing blunders which he refused to acknowledge, and he roared and bullied his way through one complication after another in a fashion which disgusted even those with whom he acted. During the discussion on the Salary Bill he shrieked and raved himself hoarse in denouncing what he called the "factious insolence" of the Opposition. Of his own factious insolence he seems to have been altogether oblivious. The Bill was passed, but he was not destined to a long enjoyment of the provision thereby made for the Attorney-General.
The Mackenzie persecution was a matter of greater moment than the Salary Bill, and was fated to produce results altogether unexpected by those who set it on foot. The session was not many days old when Mr. Mackenzie once more began to make himself conspicuous in Opposition. He moved a resolution denying the authority of the Executive to prescribe the religious observances of the Assembly, and affirming the right of the latter body to appoint its own chaplain. He made a forcible but exasperating speech in support of his motion, which, by vote of the House, was not submitted. He then moved that the ministers of religion of various denominations resident in York should be requested to say prayers in the House during the session. This motion was equally unsuccessful. During the debate, the Assembly was favoured with a characteristic specimen of Attorney-General Boulton's oratory. He stigmatized the assumption that the House was entitled to appoint its own chaplain as of a piece with the assumption of an assassin that he has a right to shoot down a man in the street--the right of brute force. This nonsensical tirade he shrieked out by way of peroration to a speech intended as a defence of the right of the Government in the matter of the chaplaincy. It is strange that the House should have listened to such balderdash, not only with patience, but even with apparent submission. Solicitor-General Hagerman spoke in a similar strain, but with less of irascibility. He warned the House that the Government was too powerful for them; that the Lieutenant-Governor had strong feelings on this subject, and that if they persisted in opposing his wishes confusion would ensue, and an end would be put to their proceedings.
But Mackenzie was not to be dismayed by the want of success of his exertions to popularize the religious ceremonial of the Assembly. He next moved for an inquiry into the state of the representation. Such an inquiry was urgently needed, for the House was full of postmasters, county registrars, inspectors of licenses, and other placemen who held office at the will of the Executive, and who therefore could not be expected to be honest exponents of public opinion in their respective constituencies. Mackenzie, in the course of a vigorous speech, presented such an array of facts that a committee of inquiry was appointed. This success he followed up by a motion for an inquiry into certain pensions, fees and salaries. Then he instituted a crusade against the management of the Bank of Upper Canada, of which institution Attorney-General Boulton was solicitor. Each of these motions afforded opportunities for inflammatory speeches, in the course of which the Government and its official favourites were handled with scant consideration. The Attorney-General was several times lashed into a state of almost insane fury, and on one occasion seemed to be on the point of rushing across the floor and making a personal onslaught upon Mr. Mackenzie. The "little mannikin from York," as he was called, always had the courage of his opinions, and rather courted such an attack than otherwise. That he had many and grave faults cannot be denied, but certainly cowardice was not among the number. No
[142] _History of Canada_, p. 370.
[143] _Ante_, p. 100.
[144] _Ante_, p. 101.
[145] _Ib._
[146] _The Hamilton Outrage_, by "Vindex," p. 9. York, 1829.
[147] For the titles of these measures, see the _Seventh Report of Grievance Committee_, pp. 266, 267.
CHAPTER XI.
PARLIAMENTARY PRIVILEGE.
For several years before this time a quiet and almost imperceptible change had been taking place in Upper Canadian politics. On one side was the old High Tory or Family Compact party, who revelled in the spoils of office, and held the representative of Majesty in the hollow of their hands. The policy of this body was unchanged and unchangeable. The Reform party, though it had not been in existence more than six years, already began to show symptoms of want of cohesion. The men of moderate views, like the Rolphs, the Baldwins and the Bidwells, composed fully two-thirds of the entire number. The ultra-Radicals, composed for the most part of unlettered farmers and recently-arrived immigrants, began to show evidence of a desire to rally themselves under the banner of Mackenzie, who, through the combined influence of his paper and his election to Parliament, had of late come prominently before the public. A large and intelligent body of electors had however grown up within the last few years who, while they professed Conservative principles, were disgusted with the greedy, self-seeking Compact, whose practices they held in utter disdain. They held politicians of the Mackenzie stamp in still greater abhorrence, to which was added a large modicum of contempt. With the moderate Reformers, on the other hand, they had much in common. Many of them approved of the doctrine of Responsible Government, and almost all of them desired to see the end of Compact domination. At the last general election their votes had been very much divided. But they were now disposed to hold aloof from the Reformers in consequence of the latter's being nominally of the same party as the Mackenzie Radicals, who had only recently come into existence. The exercise of a little diplomacy and mutual forbearance at this time might, it is believed, have effected that union between these two classes of persons which was actually accomplished about a quarter of a century later. Such an union would have made the united party all powerful. It would have swept away the Compact, together with the long-standing abuses which had grown up under their rule, and the united party would quietly have assumed the reins of power with an overwhelming majority at its back. There would thus have been no _raison d'etre_ for the Radical element, which would necessarily have been absorbed, or would at least have ceased to be an important factor in political life.
These things, however, were not to be. Neither of the parties primarily interested made any advances to the other, and each was left to pursue its own line of policy. As a consequence the moderate Conservatives henceforth voted as one man. They saw the Radical element assuming an importance which, as they believed, was fraught with far greater danger to the commonwealth than was likely to arise from the continued ascendency of the Compact. They gave the official party a qualified support, merely because they regarded them as the less of two evils, and their votes at the general election of 1830 resulted in the return of a considerable majority of candidates favourable to the official body.
[Sidenote: 1831.]
The Reformers could no longer hope to obtain justice, even in the Assembly, where they had exerted a predominating influence during the last two Parliaments. So long as they had had control of the Lower House they had possessed the shadow of power without the reality. Even the shadow had been better than nothing; but of this shadow they were henceforth to be deprived. They had not only sustained numerical defeat. Some of their most trusted leaders had been beaten at the polls, and were no longer able to raise their voices in Parliament. Robert Baldwin's defeat in York has already been mentioned.[148] His father had suffered a similar fate in Norfolk. In Middlesex John Rolph and Captain Matthews had been succeeded by Colonel Mahlon Burwell and another adherent of the Compact. Lennox and Addington had again returned Bidwell and Perry, but, owing to the changed complexion of the House, there was no possibility of the former's re-election to the Speaker's chair. Among other triumphs scored by the official party were the return of the Solicitor-General, Christopher A. Hagerman, for Kingston; of the Attorney-General, H. J. Boulton, for Niagara; of William B. Robinson (brother of the Chief Justice) for Simcoe, and of Allan N. MacNab for Wentworth. York still remained true to Mackenzie, and, as will presently be seen, his presence in a House composed mainly of political opponents was destined to lead to serious complications. Upon the assembling of the Legislature early in the following year, Archibald McLean, the official candidate for the Speakership, was elected by a majority of twelve votes. No adherent of the official party could have been more acceptable to the Reformers than Mr. McLean, who was a gentleman of high standing at the bar, and who personally enjoyed great popularity. He sat for the County of Stormont, which he had represented for many years, during all of which period he had maintained friendly personal relations with the members of the Opposition. Great confidence was felt in his personal integrity, and in his earnestness for the country's welfare. He had special claims to consideration, for he was a Canadian by birth, and had fought and bled in defence of his native land during the War of 1812. Still, he represented political principles which the Reform members had been expressly returned to combat, and the mere fact of his election to the Speaker's Chair by a majority of twelve votes in a House which numbered fewer than fifty members was in itself a sufficient indication that those principles were for the time unmistakably in the ascendant in Upper Canada. The proceedings of the House during the session furnished an apt and conclusive commentary upon this fact.
The session of 1831 was chiefly memorable for two things: the passing of the Everlasting Salary Bill, as it was called by those opposed to it; and the commencement of the agitation which had for its object the exclusion of Mr. Mackenzie from the Legislature.
The Salary Bill was simply a measure granting to the Provincial Government a permanent Civil List, in return for the cession by the Crown of the control of the Imperial duties. It was introduced in accordance with a suggestion from the King, but the Provincial Executive concealed certain facts in connection with it, of which the Opposition did not become aware until some time afterwards.[149]
By this Bill provision was made for the salaries of the Lieutenant-Governor, the three Judges of the Court of King's Bench, the Attorney-General, the Solicitor-General, five Executive Councillors, and the Clerk of the Executive Council. Reformers were strenuously opposed to the measure, which they regarded as another blow at the constitutional rights of the Assembly. It of course had the effect of rendering the Executive more independent of the Assembly, and more indifferent to its opposition, than ever. Hagerman and Boulton, whose official salaries were thereby provided for, were conspicuous above all other persons in the House in defending this measure, and in browbeating those who ventured to raise their voices against it. The Reform members found Attorney-General Boulton an infliction specially hard to bear. His predecessor, Mr. Robinson, had been a sufficiently galling yoke, but his abilities had made him respected, and he had seldom attempted to play the bully. In cases where no important party interests were at stake he had generally been amenable to reason, and had not gone out of his way to needlessly exacerbate the feelings of those who disagreed with him. Now, a different order of things prevailed. Boulton was simply unendurable. His capacity was barely such as to enable him to discharge his official functions, and what he lacked in ability he made up for in bluster. He had an abominable temper, and a haughty, overbearing manner. He was always committing blunders which he refused to acknowledge, and he roared and bullied his way through one complication after another in a fashion which disgusted even those with whom he acted. During the discussion on the Salary Bill he shrieked and raved himself hoarse in denouncing what he called the "factious insolence" of the Opposition. Of his own factious insolence he seems to have been altogether oblivious. The Bill was passed, but he was not destined to a long enjoyment of the provision thereby made for the Attorney-General.
The Mackenzie persecution was a matter of greater moment than the Salary Bill, and was fated to produce results altogether unexpected by those who set it on foot. The session was not many days old when Mr. Mackenzie once more began to make himself conspicuous in Opposition. He moved a resolution denying the authority of the Executive to prescribe the religious observances of the Assembly, and affirming the right of the latter body to appoint its own chaplain. He made a forcible but exasperating speech in support of his motion, which, by vote of the House, was not submitted. He then moved that the ministers of religion of various denominations resident in York should be requested to say prayers in the House during the session. This motion was equally unsuccessful. During the debate, the Assembly was favoured with a characteristic specimen of Attorney-General Boulton's oratory. He stigmatized the assumption that the House was entitled to appoint its own chaplain as of a piece with the assumption of an assassin that he has a right to shoot down a man in the street--the right of brute force. This nonsensical tirade he shrieked out by way of peroration to a speech intended as a defence of the right of the Government in the matter of the chaplaincy. It is strange that the House should have listened to such balderdash, not only with patience, but even with apparent submission. Solicitor-General Hagerman spoke in a similar strain, but with less of irascibility. He warned the House that the Government was too powerful for them; that the Lieutenant-Governor had strong feelings on this subject, and that if they persisted in opposing his wishes confusion would ensue, and an end would be put to their proceedings.
But Mackenzie was not to be dismayed by the want of success of his exertions to popularize the religious ceremonial of the Assembly. He next moved for an inquiry into the state of the representation. Such an inquiry was urgently needed, for the House was full of postmasters, county registrars, inspectors of licenses, and other placemen who held office at the will of the Executive, and who therefore could not be expected to be honest exponents of public opinion in their respective constituencies. Mackenzie, in the course of a vigorous speech, presented such an array of facts that a committee of inquiry was appointed. This success he followed up by a motion for an inquiry into certain pensions, fees and salaries. Then he instituted a crusade against the management of the Bank of Upper Canada, of which institution Attorney-General Boulton was solicitor. Each of these motions afforded opportunities for inflammatory speeches, in the course of which the Government and its official favourites were handled with scant consideration. The Attorney-General was several times lashed into a state of almost insane fury, and on one occasion seemed to be on the point of rushing across the floor and making a personal onslaught upon Mr. Mackenzie. The "little mannikin from York," as he was called, always had the courage of his opinions, and rather courted such an attack than otherwise. That he had many and grave faults cannot be denied, but certainly cowardice was not among the number. No
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