Canada, Sir John George Bourinot [best time to read books .TXT] 📗

flowers alone nod over their resting-places, yet the names of all are written in imperishable letters in provincial annals. Those loyalists, including the children of both sexes, who joined the cause of Great Britain before the Treaty of Peace in 1783, were allowed the distinction of having after their name the letters U. E. to preserve the memory of their fidelity to a United Empire. A Canadian of these modern days, who traces his descent from such a source, is as proud of his lineage as if he were a Derby or a Talbot of Malahide, or inheritor of other noble names famous in the annals of the English peerage.

The records of all the provinces show the great influence exercised on their material, political, and intellectual development by this devoted body of immigrants. For more than a century they and their descendants have been distinguished for the useful and important part they have taken in every matter deeply associated with the best interests of the country. In New Brunswick we find among those who did good service in their day and generation the names of Wilmot, Allen, Robinson, Jarvis, Hazen, Burpee, Chandler, Tilley, Fisher, Bliss, Odell, Botsford; in Nova Scotia, Inglis (the first Anglican bishop in the colonies), Wentworth, Brenton, Blowers (Chief Justice), Cunard, Cutler, Howe, Creighton, Chipman, Marshall, Halliburton, Wilkins, Huntingdon, Jones; in Ontario, Cartwright, Robinson, Hagerman, Stuart (the first Anglican clergyman), Gamble, Van Alstine, Fisher, Grass, Butler, Macaulay, Wallbridge, Chrysler, Bethune, {298} Merritt, McNab, Crawford, Kirby, Tisdale, and Ryerson. Among these names stand out prominently those of Wilmot, Howe, and Huntingdon, who were among the fathers of responsible government; those of Tilley, Tupper, Chandler, and Fisher, who were among the fathers of confederation; of Ryerson, who exercised a most important influence on the system of free education which Ontario now enjoys. Among the eminent living descendants of U. E. Loyalists are Sir Charles Tupper, long a prominent figure in politics; Christopher Robinson, a distinguished lawyer, who was counsel for Canada at the Bering Sea arbitration; Sir Richard Cartwright, a liberal leader remarkable for his keen, incisive style of debate, and his knowledge of financial questions; Honourable George E. Foster, a former finance minister of Canada. We might extend the list indefinitely did space permit. In all walks of life we see the descendants of the loyalists, exercising a decided influence over the fortunes of the Dominion.

Conspicuous among the people who remained faithful to England during the American revolution, we see the famous Iroquois chief, Joseph Brant, best known by his Mohawk name of Thayendanegea, who took part in the war, and was for many years wrongly accused of having participated in the massacre and destruction of Wyoming, that beauteous vale of the Susquehanna. It was he whom the poet Campbell would have consigned to eternal infamy in the verse:


"The mammoth comes--the foe, the monster, Brandt--
With all his howling, desolating band;
These eyes have seen their blade and burning pine
Awake at once, and silence half your land.
Red is the cup they drink, but not with wine--
Awake and watch to-night, or see no morning shine."


Posterity has, however, recognised the fact that Joseph Brant was not present at this sad episode of the American war, and the poet in a note to a later edition admitted that the Indian chief in his poem was "a pure and declared character of fiction." He was a sincere friend of English interests, a man of large and statesmanlike views, who might have taken an important part in colonial affairs had he been educated in these later times. When the war was ended, he and his tribe moved into the valley of the St. Lawrence, and received from the government fine reserves of land on the Bay of Quinte, and on the Grand River in the western part of the province of Upper Canada, where the prosperous city and county of Brantford, and the township of Tyendinaga--a corruption of Thayendanegea--illustrate the fame he has won in Canadian annals. The descendants of his nation live in comfortable homes, till fine farms in a beautiful section of Western Canada, and enjoy all the franchises of white men. It is an interesting fact that the first church built in Ontario was that of the Mohawks, who still preserve the communion service presented to the tribe in 1710 by Queen Anne of England.

General Haldimand's administration will always be noted in Canadian history for the coming of the {301} loyalists, and for the sympathetic interest he took in settling these people on the lands of Canada, and in alleviating their difficulties by all the means in the power of his government. In these and other matters of Canadian interest he proved conclusively that he was not the mere military martinet that some Canadian writers with inadequate information would make him. When he left Canada he was succeeded by Sir Guy Carleton, then elevated to the peerage as Lord Dorchester, who was called upon to take part in great changes in the constitution of Canada which must be left for review in the following chapter.


XXII.


FOUNDATION OF NEW PROVINCES--ESTABLISHMENT OF REPRESENTATIVE INSTITUTIONS.

(1792-1812.)

The history of the Dominion of Canada as a self-governing community commences with the concession of representative institutions to the old provinces now comprised within its limits. By 1792 there were provincial governments established in Upper and Lower Canada, Nova Scotia, New Brunswick, and Prince Edward Island. From 1713 to 1758 the government of Nova Scotia consisted of a governor, or lieutenant-governor, a council possessing legislative, executive, and even judicial powers. In October, 1758, an assembly met for the first time in the town of Halifax, which had been the capital since 1749. New Brunswick had been separated from Nova Scotia in 1784, but a representative assembly did not assemble until 1786, when its form of government was identical with that of the older province. Prince Edward Island was a part of Nova Scotia until 1769 when it was created a distinct province, {303} with a lieutenant-governor, a combined executive and legislative council, and also an assembly in 1773. The island of Cape Breton had a lieutenant-governor and executive council, and remained apart from Nova Scotia until 1820 when it was included in its government. In 1791 the province of Upper Canada was formally separated from the province of Quebec by an act of the imperial parliament, and was called Upper Canada, while the French section received the name of Lower Canada. At that time the total population of British North America did not exceed a quarter of a million of souls, of whom at least a hundred and forty thousand lived on the banks of the St. Lawrence and its tributary streams, and almost entirely represented the language, institutions, and history of the French regime. In the French province there was also a small British population, consisting of officials, commercial men, and loyalists who settled for the most part in the Eastern Townships. The population of Upper Canada, about twenty-five thousand, was almost exclusively of loyalist stock--a considerable number having migrated thither from the maritime provinces. Beyond the Detroit River, the limit of English settlement, extended a vast region of wilderness which was trodden only by trappers and Indians.

The Constitutional Act of 1791, which created the two provinces of Upper and Lower Canada, caused much discussion in the British Parliament and in Canada, where the principal opposition came from the English inhabitants of the French province. These opponents of the act even sent Mr. Adam {304} Lymburner, a Quebec merchant of high standing, to express their opinions at the bar of the English House of Commons. The advocates of the new scheme of government, however, believed that the division of Canada into two provinces would have the effect of creating harmony, since the French would be left in the majority in one section, and the British in the other. The Quebec Act, it was generally admitted, had not promoted the prosperity or happiness of the people at large. Great uncertainty still existed as to the laws actually in force under the act. In not a few cases the judges were confessedly ignorant--Chief Justice Livius, for instance--of French Canadian jurisprudence. The increase of the English population was a strong argument for a grant of representative institutions. Accordingly the constitutional act provided for an assembly, elected by the people on a limited franchise, in each province, and for a legislative council, appointed by the Crown. The sovereign might annex hereditary letters of honour to the right of summons to the legislative council, but no attempt was ever made to create a Canadian aristocracy, or distinct class, under the authority of this section of the act. The British Government reserved the right of imposing, levying, and collecting duties of customs, and of appointing or directing their payment, though it left the exclusive apportionment of all moneys levied in this way to legislature. The free exercise of the Roman Catholic religion was permanently guaranteed. A seventh part of all uncleared Crown lands was reserved for the use of the Protestant clergy--a {305} provision that caused much trouble in the future. The civil law of French Canada was to regulate property and civil rights in that province. English criminal law was to prevail in both the Canadas. The Governor-General of Quebec and Lieutenant-Governor of Upper Canada were each assisted by an executive council chosen by those functionaries, and having a right to sit also in the legislative council. Lord Dorchester was the first governor-general, not only of Canada, but likewise of the other provinces by virtue of separate commissions to that effect. The heads of the executive in all the provinces except Quebec were called lieutenant-governors, but they became only directly subordinate to the governor-general when he was present in a province in his official capacity.

The city where the first assembly of Lower Canada met in 1792 was one of great historic interest. The very buildings in which the government transacted its business had echoed to the tread of statesmen, warriors, and priests of the old regime. The civil and military branches of the government then occupied apartments in the old Chateau St. Louis, elevated on the brink of an inaccessible precipice. On a rocky eminence, in the vicinity of a battery close to Prescott Gate, erected in 1797, was an old stone building, generally known as the Bishop's Palace. Like all the ancient structures of Quebec, this building had no claims to elegance of form, although much labour and expense had been bestowed on its construction. The chapel of this building, situated near the communication with the lower {306} town, was converted into a chamber, in which were held the first meetings of the representatives of Lower Canada.

On the 17th of December, the two houses assembled in their respective chambers in the old palace, in obedience to the proclamation of Major-General Alured Clarke, who acted as lieutenant-governor in the absence of the governor-general, Lord Dorchester. Among the officers who surrounded the throne on that occasion, was probably his Royal Highness the Duke of Kent, who was in command of the 7th Royal Fusiliers, then stationed in the old capital. On so momentous an occasion, the assemblage was large, and comprised all the notabilities of English and French society. In the legislature were not a few men whose families had long been associated with the fortunes of the colony. Chaussegros de Lery, St. Ours, Longueuil, Lanaudiere, Rouville,