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Founding Modern Canada, 1786-1796
Carleton now enjoyed two years of uninterrupted
peace at his country seat in England. His active career seemed to
have closed at last. He had no taste for party politics. He was not
anxious to fill any position of civil or military trust, even if it
had been pressed upon him. And he had said farewell to America for
good and all when he had left New York. Though as full of public
spirit as before and only just turned sixty, he bid fair to spend
the rest of his life as an English country gentleman. His young wife
was well contented with her lot. His manly boys promised to become
worthy followers of the noble profession of arms. And the overseeing
of his little estate occupied his time very pleasantly indeed. Like
most healthy Englishmen he was devoted to horses, and, unlike some
others, he was very successful with his thoroughbreds.
He had first bought a place near Maidenhead, beside the Thames,
which is nowhere lovelier than in that sylvan neighborhood. Then he
bought the present family seat of Greywill Hill near the little
village of Odiham in Hampshire. As an ex-governor and
commander-in-chief, a county magnate, a personage of great
importance to the Empire, and the one victorious British general in
the unhappy American war, he had more than earned a peerage. But it
was not till 1786, on the eve of his sixty-second birthday, and at a
time when his services were urgently required again, that he
received it. Needless to say this peerage had nothing whatever to do
with his acceptance of another self-sacrificing duty. It was not
given till several months after he had promised to return to Canada;
and he would certainly have refused it if it had been held out to
him as an inducement to go there. He became Baron Dorchester and was
granted the not very extravagant addition to his income of a
thousand pounds a year payable during four lives, his own, his
wife's, and those of his two eldest sons. His elevation to the House
of Lords met with the almost unanimous approval of his fellow-peers,
in marked contrast to the open hostility they had shown towards his
old enemy, Lord George Germain, when that vile wrecker had been
'kicked upstairs' among them. The Carleton motto, crest, and
supporters are all most appropriate. The crest is a strong right arm
with the hand clenched firmly on an arrow. The motto is Quondam
his vicimus armis We used to conquer with these arms. The
supporters are two beavers, typifying Canada, while their respective
collars, one a naval the other a military coronet, show how her
British life was won and saved and has been kept.
Carleton was a man of great reserve and self-control. But his kindly
nature must have responded to the cordial welcome which he received
on his return to Quebec in October 1786. It was not without reason
that the people of Canada rejoiced to have him back as their leader.
All that the Indians imagined the Great White Father to be towards
themselves he was in reality towards both red man and white. Stern,
when the occasion forced him to be stern, just in all his dealings
between man and man, dignified and courteous in all his ways, a
soldier through every inch of his stalwart six feet, he was a ruler
with whom no one ever dreamt of taking liberties. But neither did
any deserving one in trouble ever hesitate to lay the most
confidential case before him in the full assurance that his head and
heart were at the service of all committed to his care. And no other
governor, before his time or since, ever inspired his followers with
such a firm belief that all would turn out for the best so long as
he was in command.
This power of inspiring confidence was now badly needed. Everything
in Canada was still provisional. Owing to the war the Quebec Act of
1774 had never been thoroughly enforced. Then, when the war was
over, the Loyalists arrived and completely changed the circumstances
which the act had been designed to meet. The next constitution, the
Canada Act of 1791, was of a very different character. During the
seventeen years between these two constitutions all that could be
done was to make the best of a very confusing state of flux. Not
that the Quebec Act was a dead letter--far from it--but simply that
it could not go beyond restoring the privileges of the
French-Canadian priests and seigneurs within the area then
effectively occupied by the French-Canadian race. Carleton, as we
have seen, had faced its problem for the first four years. Haldimand
had carried on the government under its provisions for the following
six. Hamilton and Hope, successive lieutenant-governors, had bridged
the two years between Haldimand's retirement and Carleton's second
appointment. Now Carleton was to pick up the threads and make what
he could of the tangled skein for the next five years. Haldimand had
not been popular with either of the two chief parties into which the
leading French Canadians were divided. The seigneurs had nothing
like the same regard for a Swiss soldier of fortune that they had
for aristocratic British commanders like Murray and Carleton. The
clergy also preferred these Anglicans to such a strong Swiss
Protestant. The habitants and agitators, who were far less favorable
to the new regime, had passionately resented Haldimand's firmness at
times of crisis. But, despite all this French-Canadian animus, he
was not such an absolute martinet as some writers would have us
think. The war with France and with the American Revolutionists
required strong government in Canada; while the influx of Loyalists
had introduced an entirely new set of most perplexing circumstances.
On the whole, Haldimand had done very well in spite of many personal
and public drawbacks; and it was through no special fault of his,
nor yet of Hope's, that the threads which Carleton picked up formed
such a perversely tangled skein.
The troubles that now dogged the great conciliator's every step were
of all kinds--racial, religious, social, political, military,
diplomatic, legal. The confusion resulting from the intermixture of
French and English civil laws had become a great deal more
confounded since he had left Canada eight years before. The old
proportions of races and religions to each other had changed most
disturbingly. The Loyalists were of quite a different social class
from the English-speaking immigrants of earlier days. They wanted a
parliament, public schools, and many other things new to the
country; and they were the sort of people who had a right to have
them. The problem of defense was always a vexed one with the
inadequate military forces at hand and the insuperable difficulties
concerning the militia. The British still held the Western forts
pending the settlement of the frontier and the execution of the
treaty of peace in full. This naturally annoyed the American
government and gave Carleton endless trouble. But more serious still
was the ceaseless western march of the American backwoodsmen, who
were everywhere in conflict with the Indians. The Indians, in their
turn, were confused between the British and Americans under the new
conditions. They and their ever-receding rights and territories had
not been mentioned in the treaty. But, seeing that they would be
better off under British than under American rule, they were
inclined to take sides accordingly. There were now no openly hostile
sides to take. But, for all that, the British posts in the
hinterland looked like weak little islands which might be suddenly
engulfed in the sea of Indian troubles raging round them. Then, at
the other end of the British line, there were the three maritime
provinces to watch over. New Brunswick had been divided off from
Nova Scotia and Prince Edward Island had been taken from the direct
supervision of the home authorities and placed under the command of
the new governor at Quebec. Thus Carleton had to deal directly with
everything that happened from the far West to Gaspe, while dealing
indirectly with the three maritime provinces and all the troubles
that proved too much for their own lieutenant-governors. There was
no chance of concentrating on one thing at a time. Nothing would
wait. The governor had to watch the writhing tangle as a whole
during every minute he devoted to any one kinked and knotted thread.
Fortunately there were some good men in office on both sides of the
Atlantic. Lords Sydney and Grenville, the two cabinet ministers with
whom Carleton had most to do, were both sensible and sympathetic.
Years afterwards Grenville, the favorite cousin of Pitt, became the
colleague of Fox at the head of the celebrated 'Ministry of All the
Talents.' Hope was an acceptable lieutenant-governor, and his
successor, Sir Alured Clarke, was better still. Francois Bailly, the
coadjutor Roman Catholic bishop of Quebec, who had gone to England
as French tutor to Carleton's children, was a most enlightened
cleric. So too was Charles Inglis, the Anglican bishop of Nova
Scotia, appointed in 1787. He was the first Canadian bishop of the
Anglican communion and his diocese comprised the whole of British
North America. William Smith, the new chief justice, was as
different from Carleton's last chief justice, Livius, as angels are
from devils. Smith had been an excellent chief justice of his native
New York in the old colonial days, and, like Inglis, was a very
ardent Loyalist. He respected all reasonable French-Canadian
peculiarities. But he favored the British-Constitutional way of
'broadening down from precedent to precedent' rather than the French
way of referring to a supposedly infallible written regulation. We
shall soon meet him as a far-seeing statesman. But he well deserves
an honored place in Canadian history for his legal services alone.
To him, more than to any other man, is due the nicely balanced
adjustments which eventually harmonized the French and English codes
into a body of laws adapted to the extraordinary circumstances of
the province of Quebec.
Besides the committee on laws Carleton had nominated three other
active committees of his council, one on police, another on
education, and a third on trade and commerce. The police committee
was of the usual kind and dealt with usual problems in the usual
way. But the education committee brought out all the vexed questions
of French and English, Protestant and Roman Catholic, progressive
and reactionary. Strangely enough, the sharpest personal controversy
was that between Hubert, the Roman Catholic bishop of Quebec, and
his coadjutor Bailly. Hubert enumerated all the institutions already
engaged in educational work and suggested that 'rest and be
thankful' was the only proper attitude for the committee to assume.
But Bailly very neatly pointed out that his respected superior's
real opinions could not be those attributed to him over his own
signature because they were at variance with the facts. Hubert had
said that the cures were spreading education with most commendable
zeal, had repudiated the base insinuation that only three or four
people in each parish could read and write, and had wound up by
thinking that while there was so much land to clear the farmers
would do better to keep their sons at home than send them to a
university, where they would be under professors so 'unprejudiced'
as to have no definite views on religion. Bailly argued that the
bishop could not mean what these words seemed to imply, as the
logical conclusion would be to wait till Canada was cleared right up
to the polar circle. In the end the committee made three very
sanguine recommendations: a free common school in every parish, a
secondary school in every town or district, and an absolutely
non-sectarian central university. This educational ladder was never
set up. There was nothing to support either end of it. The financial
side was one difficulty. The Jesuits' estates were intended to be
made over into educational endowments under government control. But
Amherst's claim that they had been granted to him in 1760 was not
settled for forty years; and by that time all chance of carrying out
the committee's intentions was seen to be hopeless.
Commerce was another burning question and one of much more immediate
concern. In 1791 the united populations of all the provinces
amounted to only a quarter of a million, of whom at least one-half
were French Canadians. Quebec and Montreal had barely ten thousand
citizens apiece. But the commercial classes, mostly
English-speaking, had greatly increased in numbers, ability, and
social standing. The camp-following gangs of twenty years before had
now either disappeared or sunk down to their appropriate level. So
petitions from the 'British merchants' required and received much
more consideration than formerly. The Loyalists had not yet had time
to start in business. All their energies were needed in hewing out
their future homes. But two parts of the American Republic, Vermont
and Kentucky, were very anxious to do business with the British at
any reasonable price. Some of their citizens were even ready for a
change of allegiance if the terms were only good enough. Vermont
wanted a 'free trade' outlet to the St Lawrence by way of the
Richelieu. The rapids between St Johns and Chambly lay in British
territory. But Vermont was ready to join in building a canal and
would even become British to make sure. The old Green Mountain Boys
had changed their tune. Ethan Allen himself had buried the hatchet
and, like his brother, become Carleton's friendly correspondent. He
frankly explained that what Vermonters really wanted was 'property
not liberty' and added that they would stand no coercion from the
American government. About the same time Kentucky was bent on
getting an equally 'free trade' outlet to the Gulf of Mexico by way
of the Mississippi. The fact that France Spain, the British Empire,
and the United States might all be involved in war over it did not
trouble the conspirators in the least. The central authority of the
new Republic was still weak. The individual states were still ready
to fly asunder. Federal taxation was greatly feared. Anything that
savored of federal interference with state rights was passionately
resented. The general spirit of the westerners was that of the
exploiting pioneer in a virgin wilderness--a law unto itself alone.
There were various plans for opening the coveted Mississippi. One
was to join Spain. Another was to seize New Orleans, turn out the
French, and bring in the British. Then, to make the plot complete,
the French minister to the United States was asking permission to
make a tour through Canada at the very time when Carleton was
sending home reams of documents bearing on the impending troubles.
The letters exchanged on this subject are perfect models of
politeness. But Carleton's answer was an emphatic No.
Foreign complications were thickening fast. The French Revolution
had already begun, though its effect was not yet felt in Canada. The
American government was anxiously watching its refractory states,
while an anti-British political party was making headway in the
South. As if this was not enough to engage whatever attention
Carleton had to spare from the internal affairs of Canada, he
suddenly heard that the Spaniards had been seizing British vessels
trading to a British post on Vancouver Island. [Footnote: _See
Pioneers of the Pacific Coast_ in this Series.] This Nootka Affair,
which nearly brought on a war with Spain in 1790, was settled in
London and Madrid. But the threat of war added to Carleton's
anxieties.
Meanwhile the governor was busily employed with an immigration
problem. It was desirable that the English-speaking immigrants
should settle on the land with the least possible friction between
them and the French Canadians. The French Canadians differed among
themselves. But no such differences brought them any closer to their
new neighbors on questions of land settlement. The French had
granted lands in seigneuries. The British would hear of nothing but
free and common socage. French farms were measured by the arpent and
were staked out in long and narrow oblongs. British farms were
measured by the acre and staked out 'on the square.' Language, laws,
religion, manners and customs, ways of life, were also different. So
there was hardly any intermixture of settlements. The French
Canadians remained where they were. Most of the new Anglo-Canadians
settled in the Maritime Provinces or moved west into what is now
Ontario. A few settled in rural Quebec on lands outside the line of
seigneuries. The Eastern Townships, that part of the province lying
east of the Richelieu and nearest the American frontier, absorbed
many English, Irish, and Scots, as well as a good many Americans who
were attracted by cheap land. Ontario, or Upper Canada, received
still more Americans, who were to be a thorn in the side of the
British during the War of 1812.
But Carleton's work comprised much more than this. There were the
Church of England, the Post Office, a refractory lieutenant-governor
down in Prince Edward Island, two royal visitors, and many other
distracting matters. The only Anglican see thus far established was
at Halifax; but the bishop there had authority over the whole
country and the government intended to establish the Church of
England in Canada and endow it. The Presbyterians also petitioned
for the establishment of the Scottish Church. The fortunes or
misfortunes of the Clergy Reserves belong to another chapter of
Canadian history. But the root of their good or evil was planted in
the time of Carleton. The postal service was surrounded by enormous
difficulties--the vast extent of wild country, the few towns, the
long winters, the poverty of the people. The question of the winter
port was even then a live one between St John and Halifax. Each of
these towns asserted its advantages and promised twelve trips a year
and connection with Quebec overland by means of walking postmen till
a bush road should be cut from Quebec to the sea. In Prince Edward
Island the old lieutenant-governor, Walter Patterson, declined to
make way for the new one, Edmund Fanning. In the end Patterson gave
up the contest. But the incident, trivial as it now appears, shows
what a governor-general had to face in the early days when each
province had queer little ways of its own. Patterson had no precise
official reason. But he said he could not go home to answer charges
he did not understand and leave an island which had been his very
successful hobby for so many years! The people sided with him so
vigorously that time had to be given them to cool down before the
transfer could be peaceably effected.
A judge whose court is in perpetual session or a commander whose
inadequate forces are continually surrounded by prospective enemies
has little time for the amenities of purely social life. So Carleton
generally left his young consort to rule the viceregal court at the
Chateau St Louis with a perfect blend of London and Versailles. Two
Princes of the Blood, however, demanded more than the usual
attention from the governor. Prince William Henry, afterwards King
William IV, was the first member of the Royal Family to set foot in
the New World when he arrived in H.M.S. _Pegasus_ in 1787. He was
the proverbial jolly Jack Tar, extremely affable to everybody; and
he quickly won golden opinions from all who met him, except perhaps
from Lady Dorchester and sundry would-be partners for his duty
dances. Philippe Aubert de Gaspe and other privileged chroniclers
record with slightly shocked delight how often he would break loose
from Lady Dorchester's designing care, long before she thought it
right for him to do so, and 'command' his partners for their pretty
faces instead of by precedence. At Sorel the people were so carried
away by their enthusiasm that they insisted on changing the name of
their little town to William Henry. Happily this name never took
root in public sentiment and the old one soon came back to stay.
The second member of the Royal Family to come to Canada was Prince
Edward, Duke of Kent, fourth son of George III, father of Queen
Victoria and grandfather of Prince Arthur, Duke of Connaught, who
became the first royal governor-general in 1911, exactly a hundred
and twenty years later. The Duke of Kent would have gladly returned
to Quebec as governor-general, and the people would have gladly
welcomed him. But he was not a favorite with the government at home,
and so he never came. There was no doubt about his being a popular
favorite in Quebec during the three years he spent there as colonel
of the 7th Fusiliers. Nor has he been forgotten to the present day.
Kent House is still the name of his quarters in the town as well as
of his country residence at Montmorency Falls seven miles away,
while the only new opening ever made in the walls is called Kent
Gate.
The duke made fast friends with several of the seigneurial families,
more especially with the de Salaberrys, whose manor-house at
Beauport stood half-way between Montmorency and Quebec and not far
from Montcalm's headquarters in 1759. The de Salaberrys were a
military family. All the sons went into the Army and one became the
hero of Chateauguay in the War of 1812. But the duke mixed freely
with many other people than the local aristocracy. He was young,
high-spirited, and loved adventure, as was proved by his subsequent
gallantry at Martinique. He was also fond of driving round
incognito, a habit which on at least one occasion obliged him to put
his skill at boxing to good use. This was at Charlesbourg, a village
near Quebec, where he was watching the fun at the first election
ever held. Perhaps, from a meticulously constitutional point of
view, the scene of a hotly contested election was not quite the
place for Princes of the Blood. But, however that might be, when the
duke saw two electors pummeling a third, who happened to be a friend
of his, he dashed in to the rescue and floored both of them with a
neatly planted right and left. One of these men, who lived to see
King Edward VII arrive in 1860, as Prince of Wales, always took the
greatest pride in telling successive generations of voters how Queen
Victoria's father had knocked him down.
Like his brother before him the duke was very fond of dancing, and
kept many a reluctant senior and many a tired-out chaperone up till
all hours at the grand ball given in honor of his twenty-fourth
birthday. Also like his brother he was inclined to reduce his duty
dances to a minimum, much to Lady Dorchester's dismay. She had gone
home with her husband for two years shortly after the duke's
arrival. But she had seen enough of him, and was to see enough again
on her return, to make her regret the good old times of more
exacting ceremony. To her dying day, half a century later, she kept
up a prodigious stateliness of manner. Before meals she expected the
whole company to assemble and remain standing till she had made her
royal progress through the room. She was a living anachronism for
many years before her death, with her high-heeled, gold-buttoned,
scarlet-colored shoes, her Marie-Antoinette _coiffure_ raised high
above her head and interlaced with ribbons, her elaborately gorgeous
dress, her intricate array of ornaments, and her long, jet-black,
official-looking cane. But she was no anachronism to herself; for
she still lived in the light of other days, in the fondly remembered
times when, as the vice-reine of the Chateau St Louis, she helped
her consort to settle nice points of etiquette and maintain a
dignity befitting His Majesty's chosen representative. How did the
seigneurs rank among themselves and with the leading
English-speaking people? Who were to dance in the state minuet?
Should dancing cease when the bishops came in, and for how long? Was
that curtsy dropped quite low enough to her viceregal self, and did
that _debutante_ offer her blushing cheek in quite the proper way to
Carleton when he graciously gave her the presentation kiss? How
immeasurably far away it all seems now, that stately little court
where the echoes of a dead Versailles lived on for seven years after
the fall of the Bastille! And yet there is still one citizen o
Quebec whose early partners were chaperoned by ladies who had danced
the minuet with Lord and Lady Dorchester.
The two royal visits were not without their political
significance--using the word political in its larger meaning. But
the three years between them--that is, 1788-89-90--formed the really
pregnant time of constitutional development, when the Canada Act of
1791 was taking shape in the minds of its chief authors --Carleton
and Smith in Canada, Grenville and Pitt in England. The Loyalists
and the English-speaking merchants of Quebec and Montreal took good
care to make themselves heard at every stage of the proceedings.
Most French Canadians would have preferred to be left without the
suspected blessings of a parliament. The clergy and seigneurs wished
for a continuance of the Quebec Act, and the habitants wanted they
knew not what, provided it would enable them to get more and give
less. The English-speaking people, on the other hand, were all for a
parliament. But they differed widely as to what kind of parliament
would suit their purpose best. As a rule they acquiesced, with a
more or less bad grace, in the necessity of admitting French
Canadians on the same terms as themselves. If Canada, without the
Maritime Provinces, should be taken as a whole then the French
Canadians would only be in a moderate majority. If, however, two
provinces, Upper Canada and Lower Canada, were to be erected, then
the English-speaking minority in Lower Canada would be outvoted
three or four to one.
There was a third alternative: no less than the establishment of a
regular Dominion of British North America in 1790, a step which
might have saved much trouble between that time and the
Confederation of 1867. William Smith was its strongest advocate,
Carleton its most cautious and judicious supporter. The chief
justice was in favor of federating Upper and Lower Canada with the
Maritime Provinces and Newfoundland into a single dominion. Each of
the six provinces would have its own parliament under a
lieutenant-governor, while there would also be a central parliament
under a governor-general. Carleton forwarded the suggestion to the
home government; but he nowhere committed himself to any very
definite scheme. His own preference was for keeping the existing
province of Quebec a little longer, then dividing it, and afterwards
drawing in the other provinces. The chief justice preferred to make
a constitution. The governor preferred to let it grow. The home
government's preference could not be stated better than in
Grenville's dispatch to Carleton of the 20th of October 1789: 'The
general object is to assimilate the constitution to that of Great
Britain as nearly as the difference arising from the manners of the
People and from the present situation of the Province will admit.
... Attention is due to the prejudices and habits of the French
Inhabitants and every caution should be used to continue to them the
enjoyment of those civil and religious Rights which were secured to
them by the Capitulation or which have since been granted by the
liberal and enlightened spirit of the British Government.' Except
for its rather too self-righteous conclusion this confidential
announcement really is an admirable statement of the 'liberal and
enlightened' views which prevailed at Westminster.
The bill, postponed in 1790, was introduced by Pitt himself in the
House of Commons on the 7th of March 1791. Sixteen days later Adam
Lymburner, a representative merchant of Quebec, whom Carleton
described as 'a quiet, decent man, not unfriendly to the
administration,' pleaded for hours before the committee of the House
of Commons against the division of the province. All the
English-speaking minority in the prospective province of Lower
Canada were afraid of being swamped by the French-Canadian vote, and
so of being hampered in liberty and trade. The London merchants
naturally backed Lymburner. Fox opposed the bill as not being
liberal enough. Burke flared up into the speech which led to his
final breach with Fox. Pitt, the pilot who was to weather far
greater storms in the years to come, eventually got the bill through
both Houses with substantial majorities. On the 14th of May it
became law. Quebec and Ontario were parted for good, notwithstanding
the legislative union of fifty years later.
The Canada Act, or, as it is better known, the Constitutional Act,
cut off Upper Canada. Lower Canada was now the old Quebec reduced to
its right size, endowed with clarified laws and a brand-new
parliament, and made as acceptable as possible to the
English-speaking minority without any injustice to the vastly
greater French majority. Quebec, Three Rivers, Montreal, and Sorel
got each two members in the new parliament, an allotment which
ensured a certain representation of the 'British' merchants. The
franchise was the same in both provinces: in the country parts a
forty-shilling freehold or its equivalent, and in the towns either a
five-pound annual ownership value or twice that for a tenant. The
Crown gave up all taxation except commercial duties, which were to
be applied solely for the benefit of the provinces. Lands outside
the seigneuries were to be in free and common socage, while
seigneurial tenure itself could be converted into freehold on
petition. One-seventh of the Crown lands was reserved for the
endowment of the Church of England. The Crown kept all rights of
veto and appointment. The legislatures were small in membership. The
Upper Houses could be made hereditary; though the actual tenure was
never more than for life during good behavior. Carleton favored the
hereditary principle whenever it could be applied with advantage.
But he knew the ups and downs of colonial fortunes too well to
believe that Canada was ready for any such experiment.
No one dreamt of having what is now known as responsible government,
that is, an executive sitting in the legislature and responsible to
the legislature for its acts. Nor was the greatest of all
parliamentary powers--the power of the purse--given outright. This,
however, was owing to simple force of circumstances and not to any
desire of abridging the liberties of the people. The fact is that at
this time eighty per cent of the total civil expenditure had to be
paid by the home government. It is frequently ignored that the
mother country paid most of Canada's bills till long after the War
of 1812, that she paid nearly all the naval and military accounts
for longer still, and that she has borne far more than her own share
of the common defense down to the present day.
The new constitution came into force on the 26th of December 1791;
and, for the first time, Upper and Lower Canada had the right to
elect their own representatives. Assemblies, of course, were nothing
new in British North America. Nova Scotia had an assembly in 1758,
the year that Louisbourg was taken. Prince Edward Island had one in
1773, the year before the Quebec Act was passed. New Brunswick had
one in 1786, the year Carleton began his second term. But assemblies
still had all the charm of novelty in 'Canada proper.' Perhaps it
would be more appropriate to say that Upper Canada experienced more
charm than novelty while Lower Canada experienced more novelty than
charm. The Anglo-Canadians in all five provinces were used to
parliaments in America. Their ancestors had been used to them for
centuries in England. So the little parliament of Upper Canada at
Newark passed as many bills in five weeks as that of Lower Canada
passed in seven months. The fact that there were fifty members in
the Assembly at Quebec, while there were only half as many in both
chambers at Newark, doubtless had something to do with it. But the
fact that the Quebec parliament was an innovation, while the one at
Newark was a simple development, had very much more.
There is no need to follow the course of legislation in any of the
five provinces. As most of the civil and practically all the naval
and military expenditure had to be met by the Imperial Treasury, and
as Canada was five parts and no whole from her own parliamentary
point of view, the legislation required for a grand total of two
hundred and fifty thousand people could not be of the national kind.
But at Quebec the scene, the setting, and the unheard-of innovation
itself all give a special interest to every detail of the opening
ceremony on the 17th of December 1792.
Carleton was in England, so the Speech from the Throne was read by
the lieutenant-governor, Major-General Sir Alured Clarke. Half of
the Upper House and two-thirds of the Lower were French Canadians. A
French-Canadian member was nominated for the speakership and elected
unanimously. Both races were for the most part represented by
members whose official title of 'Honorable Gentlemen' was not at all
a misnomer. The French members of the Assembly were half distrustful
both of it and of themselves. But they knew how to add grace and
dignity to a very notable occasion. The old Bishop's Palace served
as the Houses of Parliament and so continued for many years to come.
It was a solid rather than a stately pile. But it stood on a
commanding site at the head of Mountain Hill between the Grand
Battery and the Chateau St Louis. Every one was in uniform or in
what corresponded to court dress. Round the throne stood many
officers in their red and gold, conspicuous among them the Duke of
Kent. In front sat the Executive and Legislative Councilors,
corresponding to the modern cabinet ministers and senators. Their
roll, as well as the Assembly's, bore many names that recalled the
glories of the old regime--St Ours, Longueuil, de Lanaudiere,
Boucherville, de Salaberry, de Lotbiniere, and many more. The
Council chamber was crowded in every part long before the governor
arrived. 'The Ladies introduced into the House' were 'without Hat,
Cloak, or Bonnet,' the 'Doorkeeper of His Majesty's Council' having
taken good care to see them 'leave the same in the Great Committee
Room previous to their Introduction.' 'The Ladies attached to His
Excellency's Suite' were admitted 'within the railing or body of the
House' and 'accommodated with the seats of the members as far as
possible.' Outwardly it was all very much the same in principle as
the opening of any other British parliament--the escort, guard, and
band, the royal salute, the brilliant staff, the scarlet cloth of
state, the few and quiet members of the Upper House, the many of the
Lower, jostling each other to get a good place near Mr Speaker at
the bar, the radiant ladies, the crowded galleries corniced with
inquiring faces and craned necks, the Gentlemen Ushers and their
quaint bows, the Speech from the Throne and the occasional lifting
of His Excellency's hat, the retiring in full state; and then the
ebbing away of all the sightseers, their eddying currents of packed
humanity in the halls and passages, the porch, the door, the
emptying street. But inwardly what a world of difference! For here
was the first British parliament in which legislators of foreign
birth and blood and language were shaping British laws as British
subjects.
In September 1793 Carleton returned from his two years' absence and
was welcomed more warmly than ever. Quebec blazed with
illuminations. The streets swarmed with eager crowds. The first
session of the first parliament had been better than any one had
dared to hope for. There was a general tendency to give the new
constitution a fair trial; and all classes looked to Carleton to
make the harmony that had been attained both permanent and
universal. Dr Jacob Mountain, first Anglican bishop of Quebec, also
arrived shortly afterwards and was warmly greeted by the Roman
Catholic prelate, who embraced him, saying, 'It's time you came to
shepherd your own flock.' Mountain was statesman and churchman in
one. He had been chosen by the elder Pitt to be the younger's tutor
and then chosen by the younger to be his private secretary. The fact
that the Anglican bishop of Quebec was then and for many years
afterwards a sort of Canadian chaplain-general to the Imperial
troops and that most of the leading officials and leading Loyalists
belonged to the Church of England made him a personage of great
importance. It was fortunate that, as in the case of Inglis down in
Halifax, the choice could not have fallen on a better man or on one
who knew better how to win the esteem of communions other than his
own. This same year (1793) died William Smith, full of honors. But
the next year his excellent successor arrived in the person of
William Osgoode, the new chief justice, an eminent English lawyer
who had served for two years as chief justice of Upper Canada and
whose name is commemorated in Osgoode Hall, Toronto. He had come out
on the distinct understanding that no fees were to be attached to
his office, only a definite salary. This was a great triumph for
Carleton, who certainly practiced what he preached.
So far, so good. But the third conspicuous new arrival, John Graves
Simcoe, lieutenant-governor of Upper Canada, who had come out the
year before, was a great deal less to Carleton's liking. Simcoe was
a good officer who threw himself heart and soul into the work of
settling the new province. He won the affectionate regard of his
people and is gratefully remembered by their posterity. But he was
too exclusively of his own province in his civil and military
outlook and was disposed to ignore Carleton as his official chief.
Moreover, he was appointed in spite of Carleton's strongly expressed
preference for Sir John Johnson, who, to all appearances, was the
very man for the post. Sir William Johnson, the first baronet, had
been the great British leader of the Indians and a person of much
consequence throughout America. His son John inherited many of his
good qualities, thoroughly understood the West and its problems, was
a devoted Loyalist all through the Revolution, when he raised the
King's Royal Regiment of New York, and would have been second only
to Carleton himself in the eyes of all Canadians, old and new. But
the government thought his private interests too great for his
public duty--an excellent general principle, though misapplied in
this particular case. At any rate, Simcoe came instead, and the
friction began at once. Simcoe's commission clearly made him
subordinate to Carleton. Yet Simcoe made appointments without
consulting his superior and argued the point after he had been
brought to book. He communicated directly with the home government
over his superior's head and was not rebuked by the minister to whom
he wrote--Henry Dundas, afterwards first Viscount Melville. Dundas,
indeed, was half inclined to snub Carleton. Simcoe desired to
establish military posts wherever he thought they would best promote
immediate settlement, a policy which would tend to sap both the
government's resources and the self-reliance of the settlers. He
also wished to fix the capital at London instead of York, now
Toronto, and to make York instead of Kingston the naval base for
Lake Ontario. Thus the friction continued. At length Carleton wrote
to the Duke of Portland, Pitt's home secretary, saying: 'All
command, civil and military, being thus disorganized and without
remedy, your Grace will, I hope, excuse my anxiety for the arrival
of any successor, who may have authority sufficient to restore
order, lest these insubordinations should extend to mutiny among the
troops and sedition among the people.' That was in November 1795.
The government, however, took no decisive action, and next year both
Carleton and Simcoe left Canada for ever.
When this unfortunate quarrel began (1793) Canada was in grave
danger of being attacked by both the French and the American
republics. The danger, however, had been greatly lessened by Jay's
Treaty of 1794 and was to be still further lessened (1796) by the
transfer of the Western Posts to the United States and by the
presidential election which gave the Federal party a new lease of
power, though no longer under Washington. Had Carleton remained in
Canada these felicitous events would have offered him a unique
opportunity of strengthening the friendly ties between the British
and the Americans in a way which might have saved some trouble later
on. But that was not to be.
To understand the dangers which threatened Canada during the last
three years of Carleton's rule we must go back to February 1793,
when revolutionary France declared war on England and there then
began that titanic struggle which only ended twenty-two years later
on the field of Waterloo. The Americans were divided into two
parties, one disposed to be friendly towards Great Britain, the
other unfriendly. The names these parties then bore must not be
confused with those borne by their political offspring at the
present day. The Federals, progenitors of the present Republicans,
formed the friendly party under Washington, Hamilton, and Jay. The
Republicans, progenitors of the present Democrats, formed the
unfriendly party under Jefferson, Madison, and Randolph. The
Federals were in power, the Republicans in opposition. When the
Republicans got into power in 1801 under Jefferson they pursued
their anti-British policy till they finally brought on the War of
1812 under the presidency of Madison. The strength of the peace
party lay in the North; that of the war party lay in the South. The
peaceful Federals, now that Independence had been gained, were in
favor of meeting the amicable British government half-way. When Pitt
came into power in 1783 he at once held out the olive branch. Now,
ten years later, the more far-seeing statesmen on both sides were
preparing to confirm the new friendship in the practical form of
Jay's Treaty, which put the United States into what is at present
known as a most-favored-nation position with regard to British trade
and commerce. Moreover, Washington and his Northern Federals much
preferred a British Canada to a French one, while Jefferson and the
Southern Republicans thought any stick was good enough to beat the
British dog with.
The Jeffersonians eagerly seized on the reports of a speech which
Carleton made to the Miamis, who lived just south of Detroit, and
used it to the utmost as a means of stirring up anti-British
feeling. Carleton had said: 'You are witnesses that we have acted in
the most peaceable manner and borne the language and conduct of the
United States with patience. But I believe our patience is almost
exhausted.' Applied to the vexed questions of the Western Posts, of
the lawless ways of the exterminating American pioneers, and of the
infinitely worse jobbing politicians behind them, this language was
mildness itself. But in view of the high statesmanship of Washington
and his government it was injudicious. All the same, Dundas, more
especially because he was a cabinet minister, was even more
injudicious when he adopted a tone of reproof towards Carleton,
whose great services, past and present, entitled him to unusual
respect and confidence. The negotiations for Jay's Treaty were then
in progress in London, and Jefferson saw his chance of injuring both
the American and British governments by magnifying Carleton's speech
into an 'unwarrantable outrage.' He also hoped that an Indian war
would upset the treaty and bring on a British war as well. And the
prospect did look encouragingly black in the West, where the
American general Wayne was ready waiting south of Lake Erie, while
the trade in scalps was unusually brisk. Forty dollars was the
regular market price for an ordinary Indian's scalp. But as much as
a thousand was offered for Simon Girty's in the hope of getting that
inconvenient British scout put quickly out of the way. Nearer home
Jefferson and his band of demagogues had other arguments as well.
The Federal North would suffer most by war, while the Republican
South might use war as a means of repudiating all the debts she owed
to Englishmen. This would have been a very different thing from the
insolvency of the Continental Congress during the Revolution. It was
dire want, not financial infamy, that made the Revolutionary paper
money 'not worth a Continental.' But it would have been sheer theft
for the Jeffersonian South to have made its honest obligations
'rotten as a Pennsylvanian bond.'
The wild French-Revolutionary rage that swept through the South now
fanned the flame and made the sparks fly over into Canada. In April
1793 a fiery Red Republican, named Genet, landed at Charleston as
French minister to the United States and made a triumphal progress
to Philadelphia. Nobody bothered about the fundamental differences
between the French and American revolutions. France and England were
going to war and that was enough. Genet was one of those 'impossibles'
whom revolutions throw into ridiculous power. When he began his
campaign the Republican South was at his feet. Planters and
legislators donned caps of liberty and danced themselves so crazy
over the rights of abstract man that they had no enthusiasm left for
such concrete instances as Loyalists, Englishmen, and their own
plantation slaves. Then Genet made his next step in the new
diplomacy by fitting out French privateers in American harbors and
seizing British vessels in American waters. This brought Washington
down on him at once. Then he lost his head completely, abused
everybody, including Jefferson, and retired from public life as an
American citizen, being afraid to go home.
Genet's absurd career was short, but very meteoric while it lasted,
and full of anti-British mischief-making. His agents were
everywhere; and his successor, Adet, carried on the underground
agitation with equal zeal and more astuteness. Vermont offered an
excellent base of operations. Finding that its British proclivities
had not produced the Chambly canal for its trade with the St
Lawrence, it had become more violently anti-British than ever before
and even proposed taking Canada single-handed. This time its new
policy remained at fever heat for over three years and only cooled
down when a British man-of-war captured the incongruously named
_Olive Branch_, in which Ira Allen was trying to run the blockade
from Ostend with twenty thousand muskets and other arms which he
represented as being solely for the annual drill of the Vermont
militia. Thus Carleton had to watch the raging South, the dangerous
West, and bellicose Vermont, all together, besides taking whatever
measures he could against the swarms of secret enemies within the
gates. The American immigrants who wanted 'property not liberty'
were ready enough for a change of flag whenever it suited them. But
they were few compared with the mass of French Canadians who were
being stirred into disaffection. The seigneurs, the clergy, and the
very few enlightened people of other classes had no desire for being
conquered by a regicide France or an obliterating American Republic.
But many of the habitants and of the uneducated in the towns lent a
willing ear to those who promised them all kinds of liberty and
property put together.
The danger was all the greater because it was no longer one
foreigner intriguing against another, as in 1775, but French against
British and class against class. Some of the appeals were still
ridiculous. The habitants found themselves credited with an
unslakable thirst for higher education. They were promised 'free'
maritime intercommunication between the Old World and the New, a
wonderful extension of representative institutions, and much more to
the same effect, universal revolutionary brotherhood included. But
when Frenchmen came promising fleets and armies, when these
emissaries were backed by French Canadians who had left home for
good reasons after the troubles of 1775, and when the habitants were
positively assured by all these credible witnesses that France and
the United States were going to drive the British out of Canada and
make a heaven on earth for all who would turn against Carleton, then
there really was something that sensible men could believe.
Everything for nothing--or next to nothing. Only turn against the
British and the rest would be easy. No more tithes to the cures, no
more seigneurial dues, no more taxes to a government which put half
the money in its own pocket and sent the other half to the king, who
spent it buying palaces and crowns.
'Nothing is too absurd for them to believe, wrote Carleton, who felt
all the old troubles of 1775 coming back in a greatly aggravated
form. He lost no time in vain regrets, however, but got a militia
bill through parliament, improved the defenses of Quebec, and issued
a proclamation enjoining all good subjects to find out, report, and
seize every sedition-monger they could lay their hands on. An
attempt to embody two thousand militiamen by ballot was a dead
failure. The few English-speaking militiamen required came forward
'with alacrity.' The habitants hung back or broke into riotous mobs.
The ordinary habitant could hardly be blamed. He saw little
difference between one kind of English-speaking people and another.
So he naturally thought it best to be on the side of the prospective
winners, especially when they persuaded him that he would get back
everything taken from him by 'the infamous Quebec Act.' There really
was no way whatever of getting him to see the truth under these
circumstances. The mere fact that his condition had improved so much
under British rule made him all the readier to cry for the
Franco-American moon. Things presently went from bad to worse. A
glowing, bombastic address from 'The Free French to their Canadian
Brothers' (who of course were 'slaves') was even read out at more
than one church door. Then the Quebec Assembly unanimously passed an
Alien Act in May 1794, and suspected characters began to find that
two could play at the game. This stringent act was not passed a day
too soon. By its provisions the Habeas Corpus Act could be suspended
or suppressed and the strongest measures taken against sedition in
every form. Monk, the attorney-general, reported that 'It is
astonishing to find the same savagery exhibited here as in France.'
The habitants and lower class of townsfolk had beers well worked up
'to follow France and the United States by destroying a throne which
was the seat of hypocrisy, imposture, despotism, greed, cruelty' and
all the other deadly sins. The first step was to be the
assassination of all obnoxious officials and leading British
patriots the minute the promised invasion began to prove successful.
No war came. And, as we have seen already, Carleton's last year,
1796, was more peaceful than his first. But even then the external
dangers made the governor-general's post a very trying one,
especially when internal troubles were equally rife. Thus Carleton
never enjoyed a single day without its anxious moments till, old and
growing weary, though devoted as ever, he finally left Quebec on the
9th of July. This was the second occasion on which he had been
forced to resign by unfair treatment at the hands of those who
should have been his best support. It was infinitely worse the first
time, when he was stabbed in the back by that shameless political
assassin, Lord George Germain. But the second was also inexcusable
because there could be no doubt whatever as to which of the
incompatibles should have left his post--the replaceable Simcoe or
the irreplaceable Carleton. Yet as H.M.S. _Active_ rounded Point
Levy, and the great stronghold of Quebec faded from his view,
Carleton had at least the satisfaction of knowing that he had been
the principal savior of one British Canada and the principal founder
of another.
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Chronicles of Canada, The
Father of British Canada, A Chronicle of Carleton, 1915
Chronicles of Canada |