The Story of the Upper Canada Rebellion - John Charles Dent (best historical biographies .TXT) 📗

if the Province derived no benefit from it the explanation was to be found in some error of management susceptible of remedy. His Lordship remarked that he should deeply lament the abolition of a college "of which the defects would appear so remediable, and of which it does not seem easy to exaggerate the benefits." As for King's College, which was another educational bone of contention between the two branches of the Provincial Legislature, it was intimated that His Majesty would cheerfully resume the consideration of the charter, provided the assent of both Houses to his doing so could be obtained, but that, as the subject had been committed to the local Legislature, he could not withdraw it from their cognizance at the instance of one branch only. The system of auditing the public accounts had been complained of as being insufficient for ensuring the proper application of the revenue. As a remedy, the establishment of a Board of Audit, the regulation of which should be secured by well-considered legislation, had been suggested. In this suggestion the Colonial Secretary expressed his concurrence, and he transmitted various documents explanatory of the system of auditing the public accounts of the Kingdom. The Assembly having expressed its belief that the Legislative Council would not assent to any efficient legislation on the subject, the Lieutenant-Governor was empowered, in case of that belief being realized, to constitute a provisional Board of Audit. To remedy another evil which had been complained of--the withholding of public accounts from the Assembly--it was proposed that a statute should be passed providing the time and manner of making periodical returns, and naming the officers who should render them to the Legislature. Then followed brief instructions to be observed by the Lieutenant-Governor in his intercourse with the Assembly. "You will always," wrote his Lordship, "receive the addresses of the Assembly with the most studious attention and courtesy. As far as may be consistent with your duty to the King, you will accede to their wishes cheerfully and frankly. Should that duty ever compel you to differ from their opinion, or to decline compliance with their desires, you will explain in the most direct, and of course in the most conciliatory terms, the ground of your conduct." His Excellency was instructed to adopt Lord Goderich's despatch to Sir John Colborne of the 8th of November, 1832,[213] as a rule for the guidance of his conduct. He was directed to select Justices of the Peace without reference to political considerations. In the Grievance Committee's Report, as well as in the Address from the Assembly to the King, great stress had been laid on the mode of appointing members of the Legislative Council. It had been represented that that body had utterly failed to answer the ends for which it had been created, and that the restoration of legislative harmony and good government required its reconstruction on the elective principle.[214] The inhabitants of the Lower Province felt still more strongly on this subject than did their fellow-colonists in Upper Canada, and had made urgent representations to His Majesty thereupon in ninety-two resolutions which had been adopted by the local Assembly during the session of 1834. "The greatest defect in the constitution of Canada," said they, "is the right of nomination, by the Crown, of the Legislative Councillors." These resolutions had led to the appointment by the Imperial Government of a commission of investigation into the affairs of Lower Canada, and as the principles bearing upon the question of an elective Legislative Council were the same in both Provinces, Lord Glenelg now contented himself with appending the instructions issued to the commissioners, and referring to the views therein contained as having received the deliberate sanction of the King. A similar device was adopted with respect to the demand for the control by the Assembly of the territorial and casual revenues of the Crown.
The one great overshadowing question of Executive responsibility was dealt with by Lord Glenelg in a most perfunctory and unsatisfactory manner. It was apparent that he either wholly failed to grasp the real significance of the theme, or that he fenced with it for the mere purpose of beguiling the colonists with a counterfeit presentment. "Experience would seem to prove," he wrote, "that the administration of public affairs in Canada is by no means exempt from the control of a sufficient practical responsibility. To His Majesty and to Parliament the Governor of Upper Canada is at all times most fully responsible for his official acts. That this responsibility is not merely nominal, but that His Majesty feels the most lively interest in the welfare of his Canadian subjects, and is ever anxious to devote a patient and laborious attention to any representations which they may address to him, either through their representatives or as individuals, is proved not only by the whole tenor of the correspondence of my predecessors in this office, but by the despatch which I am now addressing to you. That the Imperial Parliament is not disposed to receive with inattention the representations of their Canadian fellow-subjects is attested by the labours of the committees which have been appointed by the House of Commons during the last few years to inquire into matters relating to those Provinces." It was declared to be the Lieutenant-Governor's duty to vindicate to the King and the Imperial Parliament every act of his administration. In the event of any complaint being preferred against him, his conduct was to receive the most favourable construction. The Assembly, it was said, were at all times able to invoke the interference of the King and Parliament. Every public officer was to depend on the King's pleasure--_i.e._, upon the pleasure of the Lieutenant-Governor--for the tenure of his office. Certain rules were then laid down, the observance of which, it was said, would produce a system of perfect responsibility. As these rules differed in no essential respect from those which had consistently been acted upon by Francis Gore, Sir Peregrine Maitland and Sir John Colborne, it was evident that the system of responsibility contemplated by Lord Glenelg was not identical with that desired by Upper Canadian Reformers. Lord Glenelg certainly made good his asseveration that the Upper Canadian Executive were "practically responsible." But to whom were they responsible? To the Upper Canadian people? Not at all. The responsibility was to the King and Parliament of Great Britain--that is to say, to Downing Street, several thousand miles away. Of what avail was such responsibility, guarded, as it was, by secret despatches, "like a system of espionage"?[215] Had this responsibility to Downing Street ever saved "a single martyr to Executive displeasure"?[216] Had it been of any avail for the protection of Robert Gourlay, Captain Matthews, Francis Collins or Robert Randal? Had it preserved from the dry pan and the slow fire any one of a score of individuals whose only offence against the State was that they would not willingly sacrifice their rights, and become the tools of venality and corruption? In not one solitary instance had it served any such purpose. Such responsibility was a mockery, "a broken reed, which it would be folly ever again to rest upon."[217] Of real, constitutional responsibility to the people there was not so much as a pretence. "All the powers of the Government," says Mr. Lindsey, "were centralized in Downing Street, and all the colonial officers, from the highest to the lowest, were puppets in the hands of the Secretary of State for the Colonies. At the same time, the outward trappings of a constitutional system, intended to amuse the colonists, served no other end than to irritate and exasperate men who had penetration enough to detect the mockery, and whose self-respect made them abhor the sham."[218]
In an early paragraph of these instructions, Lord Glenelg had objected, on behalf of His Majesty's Government, to any resort on the part of the Assembly to that ulterior measure--the stoppage of the supplies--to which allusion had been made in the Address of that body, and had referred to it as a proceeding to be justified only by an extreme emergency. He concluded with an expression of earnest hope that the representatives of the Upper Canadian people would receive with gratitude and cordiality this renewed proof of His Majesty's paternal solicitude for the welfare of his loyal subjects in the Province, and that, laying aside all groundless distrusts, they would cheerfully cooeperate with the King and the Lieutenant-Governor in advancing the prosperity of "that interesting and valuable portion of the British Empire."
As already mentioned, the full text of the instructions was communicated by the new Lieutenant-Governor to the Upper Canadian Assembly. Apart from the fact that this proceeding was not warranted either by usage or express permission, it was short-sighted and unwise, for the instructions were not such as to be by any means satisfactory, either to the official party or the Opposition. The Opposition perceived that, under a cover of many fair words and specious phrases, there was very little substantial concession. To the official party it seemed that the spirit of concession was manifested much too strongly, and as the appointment of Sir Francis Head had been hailed by the Reformers as a triumph, anything in the nature of concession, filtered through such a medium, was naturally regarded with strong suspicion. As for Sir Francis himself, his mind seems to have been for some weeks in a chaotic state. He had not been installed in office many days before he had a succession of private interviews with several leading members of the Reform party. In the course of a conversation with Mr. Bidwell, who, it will be remembered, was Speaker of the Assembly, he for the first time became aware that the Report of the Grievance Committee was not recognized by the Reform party as being a complete exposition of the case as between the Home Government and themselves.[219] He soon after had an interview with Mackenzie, who, in conjunction with Dr. Morrison, was chiefly responsible for the existence of the Report. "I thought," writes Sir Francis,[220] "that of course he would be too happy to discuss with me the contents of his own book, but his mind seemed to nauseate its subjects even more than Mr. Bidwell's. Afraid to look me in the face, he sat, with his feet not reaching the ground, and with his countenance averted from me, at an angle of about seventy degrees; while, with the eccentricity, the volubility, and indeed the appearance of a madman, the tiny creature raved about grievances here and grievances there, which the Committee, he said, had not ventured to enumerate." This was a revelation to the Lieutenant-Governor, and set him thinking. He attempted to discuss the merits of the Report with various persons, but encountered what was to him an inexplicable reluctance to talk about it. All were ready to discuss the grievances themselves, but no leading Reformer was disposed to admit the Report into the discussion. The reason of this was doubtless because the Report had been chiefly fathered by Mackenzie, and they were unwilling to accept him as their mouthpiece. As for Mackenzie's own disinclination to enter into a discussion of the matter, it probably arose from a feeling that it would be unwise for him to tie himself down to a particular record, beyond which he would not be permitted to travel. Sir Francis, writing three years afterwards, declares that "the light of truth" at once burst upon his mind, and that he perceived that the Grievance Report was a mere pretext for Rebellion.[221] It is quite clear that he perceived nothing of the kind, and that "the light of truth" was a mere after-thought with him. It is impossible for one in his sober senses to see what does not exist, and at this time there was no purpose of rebellion in the heart of anyone with whom the Lieutenant-Governor came in contact--not even in the heart of Mackenzie