The Story of the Upper Canada Rebellion, John Charles Dent [read a book TXT] 📗
- Author: John Charles Dent
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produce revolution. Such an attempt in France did actually produce revolution in 1830, when Charles the Tenth was deposed for his persistent endeavours to maintain an unpopular ministry in power. No country in the world would long continue to tolerate a Parliamentary system which was free and representative in theory, but tyrannous and despotic in practice. Upper Canada was indeed long-suffering, but a time arrived when it became evident that there was a limit to her powers of endurance.
As the years rolled by, and the country steadily advanced in wealth and population, abuses grew apace.[30] The Executive became rapacious and tyrannical. Commanding, as they did, the entire administrative and official influence of the Province, they ordered all things according to their own pleasure. They could count upon the support of every member of the Legislative Council. Indeed, through their pliant tool, the Lieutenant-Governor for the time being, they controlled the membership of the latter body, and took care that no man was appointed a Legislative Councillor unless he was either one of themselves or wholly subject to their influence. The Assembly soon found that it was deliberately and systematically deprived of the privileges which of right belonged to it, and that it was little better than a nullity. It might meet and go through the form of passing such measures as it saw fit, but if the measures so passed were not acceptable to the Legislative and Executive Councils they were contumeliously vetoed when they reached the Upper House. This brought the two deliberative branches of the Legislature into direct and perpetual conflict. The Assembly, however, in early years, was always largely made up of such men as Isaac Swayze--subservient creatures of the Administration, who opposed their influence to that of the tribunes of the people, and prevented any collision between the two Houses from assuming a very serious constitutional aspect. It was not till the third decade of the century that the conflict assumed such a character as to threaten the foundations of the constitution itself; and it was not till the fourth decade that any actual attempt was made to subvert those foundations.
The Province was about fifteen years old before the inhabitants of Upper Canada generally began to realize what an intolerable burden they had to bear in this irresponsible Executive. Before that time some of the better educated and more intelligent among them recognized its existence as an evil with which they or their descendants would at some future time be called upon to deal. But such persons were comparatively few in number, and as the burden did not lie with special heaviness upon their own backs, they did not feel called upon to involve themselves in what might prove a ruinous quarrel with persons who would not tamely submit to interference. As for the inhabitants generally, they were too busily occupied in clearing their lands, in hewing out homes for themselves and their families in the vast wilderness, and in reducing the soil to a state fit for cultivation, to give themselves much concern about public affairs. There was no newspaper press to stimulate them to enquiry. The only sheet published in the Province which by any license of language could be called a regular newspaper was _The Upper Canada Gazette_, which was the official mouthpiece of the Administration. _The Canada Constellation_, which was a quaint long folio, published at the old capital, Niagara, had but a brief existence, and expired during the very early years of the century. The _Upper Canada Guardian_, to be hereafter referred to, did not come into being till 1807. Editorial articles, except of the briefest and crudest sort, were a still later development. The bucolic mind had no intellectual stimulant whatever except such as was to be obtained from contact with other bucolic minds through the medium of conversation. It was no wonder, then, that for the first fifteen years after the creation of Upper Canada, the Provincial Government should have been permitted to do very much as it chose, without being subjected to any formidable criticism on the part of the community.
The Legislative Council, as has been said, was composed of members nominated by the Sovereign's representative. By the sixth section of the Constitutional Act provision had been made for the creation of a hereditary nobility, with the hereditary right of being summoned to the Legislative Council. Happily this authority was not exercised; otherwise, as Gourlay has remarked, "we should have seen, perhaps, the Duke of Ontario leading in a cart of hay, my Lord Erie pitching, and Sir Peter Superior making the rick; or perhaps his Grace might now have been figuring as a pettifogging lawyer, his Lordship as a pedlar, and Sir Knight, as a poor parson, starving on five thousand acres of Clergy Reserves."[31] We were spared the spectacle of such absurdities, and life members of the Legislative Council were the nearest approach to a nobility vouchsafed to us. Some of the first appointees were men of intelligence and probity, but few of those subsequently created could with any show of truthfulness be so characterized. They were for the most part dependants of the Government, with no fitness, educational or otherwise, for the discharge of grave legislative functions, and with no motive but to do the bidding of those who had clothed them with the dignity of office. All things considered, this condition of things was to be looked for; but the inevitable result followed. The few upright members either died off in the course of time, and were succeeded by sycophantic placemen, or, finding themselves outnumbered, ceased to attend the sittings of the branch of the Legislature to which they belonged. In one way and another, those who really wished to preserve the public interests were weeded out, and nothing was left but a rump devoted to the Executive will. Instead of answering the purpose for which it was originally intended, the Legislative Council became a mere instrument in the hands of the oligarchy for stemming back the tide of public opinion. Instead of forming a seasonable and wholesome check upon extravagance and inconsiderate legislation in the Lower House, it contributed to the impoverishment of the Provincial revenue by assisting to keep the control of public affairs in the hands of selfish and unprincipled men. Instead of preserving the "happy balance of our glorious Constitution"--a phrase constantly placed in the mouths of Lieutenant-Governors, and embodied in their addresses to our Canadian simulacrum of the House of Lords--it tended to keep the balance all on one side, and that side was the one most prejudicial to the public good. It became a mere stop-gap interposed by the Government between itself and the Assembly. The Assembly passed measure after measure with careful deliberation, only to find that their time had been thrown away, for upon reaching the Upper House these measures were ignominously thrust aside. One who had himself been a member of the Assembly, and who had had personal experience of the evils whereof he wrote, has left the following description of the manner in which Bills from the Lower Chamber were treated in the Upper: "Sitting for a short time each day, the Bills of the Assembly are despatched under the table with unexampled celerity. Deputations, conveying up popular measures, no sooner have their backs turned than the process of strangulation commences. Bills that have undergone discussion for days in the other House, and that have been amended and perfected with the greatest care, no sooner arrive in their august presence than their fate is sealed."[32] He adds: "Of those who attend to their duties, two-thirds are dependent on the Government for either salaries or pensions. It is not harsh to say that they become the willing tools of the hand that feeds them, instead of looking to the interests of those from whom they indirectly derive their support. Such gratitude may be very amiable, but it is no qualification for an independent legislator."[33] These lines were written as late as the year 1837, and their author informs us that within the preceding eight years the Council had rejected no fewer than three hundred and twenty-five Bills passed by the Assembly, being an average of more than forty for each session[34]--a statement which is fully confirmed by reference to the official journals of the respective Houses.
Such a method of procedure, leading to inevitable conflicts between the two Houses, caused the public business to be impeded and the public interests to be very inefficiently conserved. The whole administrative system of the Province was disorganized. The contest was very unequal, for the Government could frequently command a majority of votes in the Assembly. The minority in that House smarted under a sense of tyranny and injustice, and felt that they were of no weight in the body politic. That sense of dignity which is imparted by a consciousness of contributing to the formation of public policy and opinion was wanting. Not only were the benefits arising from a proper organization of labour altogether lost, but the antagonism between the two factors in political life was so great that they to a large extent neutralized each other. The Upper House had no weight with the people; the Lower House had no weight with the Crown.
One of the greatest drawbacks to the country's prosperity was the method of granting public lands. It had been the policy of Governor Simcoe to encourage immigration from the United States, as well as from Great Britain and continental Europe. He had offered great inducements, in the shape of free grants of wild lands, to persons settling in Upper Canada, and his offer had produced the expected results in the shape of a full tide of immigrants. He had, however, exercised a rigid personal supervision over these grants, and had done his utmost to prevent the abuse of his bountiful regulations. His successors were less scrupulous, and being, as has been seen, under the control of greedy and selfish persons, they permitted the public lands to be used as means of enriching and corrupting the favourites of the Administration. The land-granting department was honeycombed by jobbery and corruption. Grants of five thousand acres were made to each member of the Executive Council, and of twelve hundred acres to each of their children. Similar grants were made to certain favoured members of the Legislative Council and their children.[35] Numerous other personages who could command sufficient influence at Court obtained grants of twelve hundred acres each. The extent of an ordinary grant was two hundred acres. From the creation of the Province down to 1804 these donations were unattended by any cost whatever to the grantees beyond trifling fees to the officials for their trouble in passing the entries through the office books. The privilege of obtaining landed estates for nothing was abused to such an extent, however, that the Home Office interfered, and in the year last named a scale of fees proportionate to the extent of the grant was introduced; but U. E. Loyalists, officers, soldiers, Executive Councillors and their children were exempt even from this trifling burden. In 1818 the performance of certain settlement duties was imposed upon all persons receiving grants, without any exemptions, and in after years several other scales of fees were introduced from time to time. The public lands were committed to the care of an official called the Surveyor-General, and it was not until 1827 that a Commissioner of Crown Lands was appointed. During the first thirty-five years of the Province's history grants of land were entirely subject to the discretion of the Governor-in-Council, not merely as to the quantity and situation of the land itself, but also as to whether the applicant should receive any grant at all.[36] Under such a system it was inevitable that the grossest partiality should prevail, and it was but seldom that any one succeeded in obtaining a grant until those in authority had satisfied themselves that
As the years rolled by, and the country steadily advanced in wealth and population, abuses grew apace.[30] The Executive became rapacious and tyrannical. Commanding, as they did, the entire administrative and official influence of the Province, they ordered all things according to their own pleasure. They could count upon the support of every member of the Legislative Council. Indeed, through their pliant tool, the Lieutenant-Governor for the time being, they controlled the membership of the latter body, and took care that no man was appointed a Legislative Councillor unless he was either one of themselves or wholly subject to their influence. The Assembly soon found that it was deliberately and systematically deprived of the privileges which of right belonged to it, and that it was little better than a nullity. It might meet and go through the form of passing such measures as it saw fit, but if the measures so passed were not acceptable to the Legislative and Executive Councils they were contumeliously vetoed when they reached the Upper House. This brought the two deliberative branches of the Legislature into direct and perpetual conflict. The Assembly, however, in early years, was always largely made up of such men as Isaac Swayze--subservient creatures of the Administration, who opposed their influence to that of the tribunes of the people, and prevented any collision between the two Houses from assuming a very serious constitutional aspect. It was not till the third decade of the century that the conflict assumed such a character as to threaten the foundations of the constitution itself; and it was not till the fourth decade that any actual attempt was made to subvert those foundations.
The Province was about fifteen years old before the inhabitants of Upper Canada generally began to realize what an intolerable burden they had to bear in this irresponsible Executive. Before that time some of the better educated and more intelligent among them recognized its existence as an evil with which they or their descendants would at some future time be called upon to deal. But such persons were comparatively few in number, and as the burden did not lie with special heaviness upon their own backs, they did not feel called upon to involve themselves in what might prove a ruinous quarrel with persons who would not tamely submit to interference. As for the inhabitants generally, they were too busily occupied in clearing their lands, in hewing out homes for themselves and their families in the vast wilderness, and in reducing the soil to a state fit for cultivation, to give themselves much concern about public affairs. There was no newspaper press to stimulate them to enquiry. The only sheet published in the Province which by any license of language could be called a regular newspaper was _The Upper Canada Gazette_, which was the official mouthpiece of the Administration. _The Canada Constellation_, which was a quaint long folio, published at the old capital, Niagara, had but a brief existence, and expired during the very early years of the century. The _Upper Canada Guardian_, to be hereafter referred to, did not come into being till 1807. Editorial articles, except of the briefest and crudest sort, were a still later development. The bucolic mind had no intellectual stimulant whatever except such as was to be obtained from contact with other bucolic minds through the medium of conversation. It was no wonder, then, that for the first fifteen years after the creation of Upper Canada, the Provincial Government should have been permitted to do very much as it chose, without being subjected to any formidable criticism on the part of the community.
The Legislative Council, as has been said, was composed of members nominated by the Sovereign's representative. By the sixth section of the Constitutional Act provision had been made for the creation of a hereditary nobility, with the hereditary right of being summoned to the Legislative Council. Happily this authority was not exercised; otherwise, as Gourlay has remarked, "we should have seen, perhaps, the Duke of Ontario leading in a cart of hay, my Lord Erie pitching, and Sir Peter Superior making the rick; or perhaps his Grace might now have been figuring as a pettifogging lawyer, his Lordship as a pedlar, and Sir Knight, as a poor parson, starving on five thousand acres of Clergy Reserves."[31] We were spared the spectacle of such absurdities, and life members of the Legislative Council were the nearest approach to a nobility vouchsafed to us. Some of the first appointees were men of intelligence and probity, but few of those subsequently created could with any show of truthfulness be so characterized. They were for the most part dependants of the Government, with no fitness, educational or otherwise, for the discharge of grave legislative functions, and with no motive but to do the bidding of those who had clothed them with the dignity of office. All things considered, this condition of things was to be looked for; but the inevitable result followed. The few upright members either died off in the course of time, and were succeeded by sycophantic placemen, or, finding themselves outnumbered, ceased to attend the sittings of the branch of the Legislature to which they belonged. In one way and another, those who really wished to preserve the public interests were weeded out, and nothing was left but a rump devoted to the Executive will. Instead of answering the purpose for which it was originally intended, the Legislative Council became a mere instrument in the hands of the oligarchy for stemming back the tide of public opinion. Instead of forming a seasonable and wholesome check upon extravagance and inconsiderate legislation in the Lower House, it contributed to the impoverishment of the Provincial revenue by assisting to keep the control of public affairs in the hands of selfish and unprincipled men. Instead of preserving the "happy balance of our glorious Constitution"--a phrase constantly placed in the mouths of Lieutenant-Governors, and embodied in their addresses to our Canadian simulacrum of the House of Lords--it tended to keep the balance all on one side, and that side was the one most prejudicial to the public good. It became a mere stop-gap interposed by the Government between itself and the Assembly. The Assembly passed measure after measure with careful deliberation, only to find that their time had been thrown away, for upon reaching the Upper House these measures were ignominously thrust aside. One who had himself been a member of the Assembly, and who had had personal experience of the evils whereof he wrote, has left the following description of the manner in which Bills from the Lower Chamber were treated in the Upper: "Sitting for a short time each day, the Bills of the Assembly are despatched under the table with unexampled celerity. Deputations, conveying up popular measures, no sooner have their backs turned than the process of strangulation commences. Bills that have undergone discussion for days in the other House, and that have been amended and perfected with the greatest care, no sooner arrive in their august presence than their fate is sealed."[32] He adds: "Of those who attend to their duties, two-thirds are dependent on the Government for either salaries or pensions. It is not harsh to say that they become the willing tools of the hand that feeds them, instead of looking to the interests of those from whom they indirectly derive their support. Such gratitude may be very amiable, but it is no qualification for an independent legislator."[33] These lines were written as late as the year 1837, and their author informs us that within the preceding eight years the Council had rejected no fewer than three hundred and twenty-five Bills passed by the Assembly, being an average of more than forty for each session[34]--a statement which is fully confirmed by reference to the official journals of the respective Houses.
Such a method of procedure, leading to inevitable conflicts between the two Houses, caused the public business to be impeded and the public interests to be very inefficiently conserved. The whole administrative system of the Province was disorganized. The contest was very unequal, for the Government could frequently command a majority of votes in the Assembly. The minority in that House smarted under a sense of tyranny and injustice, and felt that they were of no weight in the body politic. That sense of dignity which is imparted by a consciousness of contributing to the formation of public policy and opinion was wanting. Not only were the benefits arising from a proper organization of labour altogether lost, but the antagonism between the two factors in political life was so great that they to a large extent neutralized each other. The Upper House had no weight with the people; the Lower House had no weight with the Crown.
One of the greatest drawbacks to the country's prosperity was the method of granting public lands. It had been the policy of Governor Simcoe to encourage immigration from the United States, as well as from Great Britain and continental Europe. He had offered great inducements, in the shape of free grants of wild lands, to persons settling in Upper Canada, and his offer had produced the expected results in the shape of a full tide of immigrants. He had, however, exercised a rigid personal supervision over these grants, and had done his utmost to prevent the abuse of his bountiful regulations. His successors were less scrupulous, and being, as has been seen, under the control of greedy and selfish persons, they permitted the public lands to be used as means of enriching and corrupting the favourites of the Administration. The land-granting department was honeycombed by jobbery and corruption. Grants of five thousand acres were made to each member of the Executive Council, and of twelve hundred acres to each of their children. Similar grants were made to certain favoured members of the Legislative Council and their children.[35] Numerous other personages who could command sufficient influence at Court obtained grants of twelve hundred acres each. The extent of an ordinary grant was two hundred acres. From the creation of the Province down to 1804 these donations were unattended by any cost whatever to the grantees beyond trifling fees to the officials for their trouble in passing the entries through the office books. The privilege of obtaining landed estates for nothing was abused to such an extent, however, that the Home Office interfered, and in the year last named a scale of fees proportionate to the extent of the grant was introduced; but U. E. Loyalists, officers, soldiers, Executive Councillors and their children were exempt even from this trifling burden. In 1818 the performance of certain settlement duties was imposed upon all persons receiving grants, without any exemptions, and in after years several other scales of fees were introduced from time to time. The public lands were committed to the care of an official called the Surveyor-General, and it was not until 1827 that a Commissioner of Crown Lands was appointed. During the first thirty-five years of the Province's history grants of land were entirely subject to the discretion of the Governor-in-Council, not merely as to the quantity and situation of the land itself, but also as to whether the applicant should receive any grant at all.[36] Under such a system it was inevitable that the grossest partiality should prevail, and it was but seldom that any one succeeded in obtaining a grant until those in authority had satisfied themselves that
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