TR NE

282 The Last Forty Years.

wards obtained was a mere matter of form. It was unopposed, and was obtained without the necessity of any Parliamentary influence on the part of Mr. Hincks. The object of procuring it was to enable the city of Toronto to provide a moderate sink ing fund, and to make the debentures payable :: London. The city wished to raise more money for its own purposes, and to exchange new debentures for the old ones. The transaction turned out to be for the benefit of the city, but the Court held that Mr. Bowes, being the mayor of the corporation, must be held as acting in a quasi-fiduciary capacity, and that the city was entitled to his share of the profits. As for Mr. Hincks, there was no ground for instituting any legal proceedings against him, nor were any such instituted, but there was a very general opinion that, considering the position which he occupied, it would have been better if he had had no pecuniary connection with the transaction.

Another charge brought against the Inspector-General was the purchase of certain Government lands with a view to speculation. Investigation revealed the fact that Government had acquired from a defaulting officer a considerable farm near Point Levi, opposite Quebec. It was sold by public auction in several lots. One of the lots was bought by a syndicate of which Mr. Hincks was a member. No Government influence was brought to bear, nor did any necessity for such influence arise. The bargain finally turned out an unprofitable one—a fact, however, which did not in the least affect the propriety or impropriety of the transaction. Mr. Hincks, by virtue of his public office, was a trustee for the Province, and had voluntarily placed himself in a dubious position. He was subsequently acquitted by Parliamentary Committees of any corrupt design in respect of both the abovementioned transactions; but in the latter, as in the former case, there was a very general feeling of regret that a Cabinet Minister should not have shunned the very appearance of impropriety in such matters. These disclosures fur-

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nished another source of unpopularity for the Ministry of which he was the head, and another basis for attack on the part of the Opposition, who undoubtedly made a much louder outcry than the circumstances legitimately called for.

Provincial railway projects were pushed forward during the year at a rapid rate. In June the Grand Trunk was opened to Portland, an event which was celebrated by a costly banquet at Montreal. The Great Western was opened from Suspension Bridge westward to London at the close of the year, and within a month afterwards it was completed through to Windsor. The Ontario, Simcoe and Huron—now called the Northern—was completed from Toronto to Bradford in June, and thence to Barrie in October. In the Lower Province there was also considerable development in the same direction. The breaking out of the Crimean war caused a brisk demand for grain at high prices, and Canadian farmers throve apace. Business of all kinds continued active, and it was fondly believed by persons ignorant of political economy that the era of prosperity would know no end. The Governor-General, meanwhile, was not losing his time in the mother country. By his letters to, and conferences with, distinguished persons in various parts of the kingdom, as well as by his eloquent speeches at several sumptuous banquets given in his honour, he rendered great services to Canada, by making known the vast resources of the country, and the splendid field which it afforded for immigration. He remained in England until the spring of 1854, having in the interim been specially empowered by the Imperial Government to negotiate a treaty of reciprocity with the United States. Early in the year last named Mr. Hincks also proceeded to England on important public business connected with the Grand Trunk Railway and the Provincial finances. It was not till May that the Governor and the Premier left for Washington, whither they proceeded to settle the terms of the proposed treaty.

Lord Elgin, as has been seen, had long been desirous of bringing

284 The Last Forty Yeurs.

about a treaty of reciprocity with the United States, and had cordially coûperated with his Ministers with that object in view. Mr. Hincks had previously visited Washington as the representative of the Government, and had done his utmost to secure the concurrence of American statesmen in the project. He had, however, been called upon to encounter serious difficulties. The chief obstacle was the American Congress, which could not readily be induced to take up the subject. “In the vast multiplicity of matters with which that Assembly has to deal” says Lord Elgin’s biographer, “it is said that no cause which does not appeal strongly to a national sentiment, or at least to some party feeling, has a chance of obtaining a hearing, unless it is taken up systematically by ‘organizers’ outside the House. The Reciprocity Bill was not a measure about which any national or even party feeling could be aroused. It was one which required much study to understand its bearings, and which would affect different interests in the country in different ways. It stood, therefore, especially in need of the aid of professional organizers ; a kind of aid of which it was of course impossible that either the British or the Canadian Government should avail itself, Session after session the Bill was proposed, scarcely debated, and set aside” * Most Canadians had abandoned all expectation of seeing the matter brought to a successful issue, and when the Governor and Mr. Hincks left for Washington there was a general belief throughout the Province that they would have their journey for their pains. It was Lord Elgin's first diplomatic mission. Contrary to prevalent expectation, its object was successfully accomplished. On the 5th of June the treaty was signed by Lord Elgin on behaif of Great Britain, and by the Hon. William L, Marcy, Secretary of State of the United States, on the part of the republic.

By its provisions the people of the United States were autho-

* Walrond, pp. 107, 108,

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rized to take fish of any kind, except shell-fish, on the sea-coasts and shores, and in the bays, harbours and creeks of the British Provinces, without being restricted to any distance from the shore. Similar privileges were in turn conferred upon British subjects with respect to the eastern sea-coasts and shores of the United States, north of the 36th parallel of north latitude. Mutual permission was given to the subjects of each to land upon the coasts and shores of the other for the purpose of drying their nets and curing their fish. The third article of the treaty enumerated certain commodities, being the growth and produce of the British colonies or of the United States, which were conditioned to be admitted into each country free of duty. The most important of these were grain, flour and breadstuffs of all kinds, animals, meats, poultry, fish, lumber, hides, ores of metals, rice, hemp, and manufactured tobacco. The fourth article opened the navigation of the St. Lawrence and the Canadian canals to the people of the United States on the same terms as were exacted from British subjects. The latter were in turn endowed with the right to navigate Lake Michigan. It was further agreed that no export or other duty should be levied on timber cut in that portion of the State of Maine watered by the St. John River and its tributaries, and floated down that river to the sea for shipment to the United States from the Province of New Brunswick. The treaty was not to take effect until it had received the sanction of the Imperial and Provincial Parliaments on the one hand, and of the Congress of the United States on the other, It was conditioned to remain in force for ten years from the date at which it should come into operation, and further, until the expiration of twelve months after either of the contracting parties should give notice to the other of a wish to terminate it, each being at liberty to give such notice at the end of the said term of ten years, or at any time afterwards. Practically speaking, the treaty may be said to have been thirteen years in operation ; for though it did not legally come into force until March, 1855, and

286 The Last Forty Years.

though it ended early in 1866, the international traffic was adjusted with reference to it immediately after its ratification in 1854, and it was carried on with such energy during the months of its operation in the two years last named as to place them on an equality with others of the intervening eleven. Its effect was to give a decided stimulus to various branches of industry in Canada, and the agricultural community early felt the benefits which it conferred. In the Maritime Provinces it was not popular, the inhabitants alleging that any benefit to them arising from reciprocity was dearly purchased by the fishing privileges conferred upon the people of the United States. Complaint was also made that registration was refused to colonial vessels entering United States ports, whereas the ships of the latter nation were admitted into British American ports upon the same terms as those of the mother country. There were doubtless elements in the treatv which might well have been much more favourable to the British colonies, but a very brief glance at statistics is all that is necessary to satisfy any unbiassed enquirer as to the benefit which Canada derived from it.*

Immediately after the signing of the treaty Lord Elgin and Mr. Hincks returned to Canada, where Parliament had been summoned to meet on the 13th of June.

Much dissatisfaction had been expressed with the Ministry for having delayed the assembling of Parliament until within a single day of the limit allowed by the law,t which enjoined the meeting

* The grand fact remains that, under the operation of the Reciprocity Treaty of 1854, the aggregate interchange of commodities between the Republic and the Provinces—to promote which the Treaty was concluded—rose from an annual average of $14,230,763 in the previous eight years, to $33,492,754, gold currency, in the first year of its existence ; to $842,942,754, gold currency, in the second year of its existence ; to 850,339,770, gold, in its third year ; and to no less a sum than $84,070,955 at war prices, in its thirteenth year.” —See ‘‘ Commercial Reciprocity between the United States and the British North American Provinces,” a pamphlet prepared at Washington under the auspices of Sir Edward Thornton and the Hon. George Brown, in 1874.

+1.e., the 31st clause of the Union Act, which provided that ‘‘ There shall be a session of the Legislative Council and Assembly of the Province of Canada once at least every

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of Parliament at least once in every twelve months. Various writers, referring to the subject, have accounted for the delay by saying that the Government were conscious of waning influence, and were afraid to meet Parliament. It is difficult to understand what the Government could have expected to gain by delay. They knew that a merciless war was being waged against them by the Opposition in Upper Canada, and it is possible enough that they may have been “conscious of waning influence ;” but they well knew that they must meet Parliament sooner or later, and they had nothing to hope from postponing their hour of trial. Moreover, the session could not very well have been held in the absence of both the Governor and the Premier, who were absent, first in England, and afterwards at Washington, and who did not return to Canada from the latter city until just before the actual opening.

A calamity had befallen the Parliament buildings since the last session. Several hours before daylight on the morning of the 1st of February, a fire, communicated from the flues beneath the library, broke out in the south wing, which was appropriated to the use of the Legislative Council. The flames soon spread, and the entire range of buildings was consumed, entailing a loss upon the Province of more than Æ£100,000. Much valuable furniture, a number of excellent paintings, and, worst of all, some of the public records and a great portion of the library, were destroyed. The library, though it had been got together in less than five years—that is to say, since the burning of the Parliament buildings in Montreal in 1849—was of inestimable value, and contained books and documents of which no duplicates were obtainable. In addition to the material loss, the calamity was to be deplored for the associations connected with the time-honoured structure, around which many historic memcries

year, 80 that a period of twelve calendar months shall not intervene between the last sitting . . inonesession . . and the first sitting in the next session. The session of the previous year assembled on the 14th of June, Ante, p. 278.

288 The Last Forty Years.

clung, and wherein the stormy sessions of the old Parliament of Lower Canada had been held for nearly half a century. An edifice which had been erected for the Sisters of Charity was now temporarily fitted up for the accommodation of the Government. Three months later—on the night of May 3rd—this structure also fell a prey to the flames. The Assembly was finally compelled to meet in the Music Hall, while the Upper House found temporary accommodation in the Court House.

The Government had concluded that it would be unadvisable to proceed to the settlement of the Clergy Reserves and Seigniorial Tenure questions during the session. Such important matters, they argued, ought not to be dealt with by «a expiring Parliament, During the last session, as has been seen, an Act had been passed to increase the representation in the Assembly from 84 to 130 members It had received the sanction of more than two-thirds of the entire membership of both branches of the Legislature. With what propriety, then, it was asked, could the Government proceed to the settlement of such vital questions as the Clergy Reserves and the Seigniorial Tenure in a Parliament which had already proclaimed itself to be an inadequate representation of the people? If the Government thought proper to introduce measures secularizing the Reserves and abolishing or commuting the Tenure, they would probably be able to command a majority in their favour in the existing Parliament ; but would not such a proceeding be an abuse of power—an act of intolerable oppression ? In view of all the circumstances, it was surely desirable that there should be an express appeal to the people. Such was the ministerial view of the situation —a view which received sanction from British precedent in the case of the Reform Act of 1832—and the Governor-General entirely concurred in it.

The determination of the Government to postpone legislation on the two most prominent questions of the day had been informally

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announced towards the close of 1853. As might have been expected, the announcement raised a tempest of objurgation on the part of the most extreme section of the Opposition press. Ministers were accused of trifling with public opinion, and of having practised a studied course of deception ever since assuming the reins of power. They had determined, it was said, to make the settlement of those two great questions a stalking-horse at the ensuing elections, and this notwithstanding the fact that they had been returned at the last general election pledged to dispose of the two great standing grievances of the two sections of the Province. The argument about an express appeal to the popular vote was characterized as “the most shallow of political dodges.” Public opinion, it was said, had been pronounced upon these questions times without number, before the Union and since.* The wrath of the discontented was boundless. So high ran the dispute, and so strong were the conflicting opinions entertained among the Liberals that a total disruption of that party seemed imminent. While public opinion was thus agitated, the Houses met, as above stated, on the 13th of June, 1854.

* “Ib is all very well,” said the Globe, ‘‘for Mr. Hincks to talk about submitting the question of the Clergy Reserve to popular vote. No anti-State Churchman in Canada but would rejoice in having the question left to such a mode nf decision, could a fair vote be taken upon it. But Mr. Hincks and every one else knows well that at the approaching election the question is to be coupled with the whole of the scandalous proceedings of the Ministry for three years—that it is to be made the mere stalking-horse of certain men to certain offices—that it is to be made the cover of broken promises, unsound legislation and railway jobbing. It is perfectly obvious that there are thousands who have always voted for the secularization of the Reserver, and who may have even voted to make Mr. Francis Hincks Premier, who will ow vote to continue him in that position at any price. And there is a still larger pai , in the country who might vote for Mr. Hincks, or for Mr. Anybody else, 80 that the Clergy Reserves were but certain to be secularized, who will not put the slightest faith in the sincerity of Mr. Hincks and his colleagues, and who will readily understand that the Olergy Reserve cry is merely used in 1854 as it was in 1851: with the same intention now as then, the retention of office: and undoubtedly with the same results—broken promises and open chuckling at the success of the trick ! Mr. Hincks cannot gull the Reformers of Upper Canada at a second election with the same decoy-duck—that he may depend on. He must either secularize or go out.” —Semi- Weekly Globe, Tuesday, December 27th, 1853,

290 The Last Forty Years.

The object in assembling Parliament at this time was merely to pass two or three urgent measures, prior to a dissolution. It was very desirable to pass a Bill without delay giving effect to the Reciprocity Treaty ; and it was also considered expedient to amend the Act of the last session extending the elective franchise. In order that sufficient time might be afforded to complete the system of registration of voters imposed by the latter measure, the 1st of January, 1855, had been assigned as the date of its coming into operation. But as it was now settled that a general election should take place before that date, it was desirable that the Act should come into operation in time to admit of its provisions being taken advantage of by persons who would otherwise be debarred from voting at the election. To effect this object express legislation was necessary. The Governor's Speech at the opening suggested the enactment of a law to accomplish the desired end, as well as of a measure to give effect to the Reciprocity Treaty, but it contained no reference of any kind to the Clergy Reserves or the Seigniorial Tenure.

The Ministry, as we have seen, had been steadily losing ground for many months, and it soon became evident that they were in a minority. Four different amendments to the Address in Reply were moved by Messieurs Henry Sherwood,* Cauchon, Sicotte and Langton.+ They were condemnatory of the ministerial policy in not summoning Parliament at an earlier date, and in not promptly moving in the matter of the Reserves and Tenure. A sharp debate followed, lasting over several days, during which the Government were subjected to severe strictures. There was a manifest tendency on the part of the various sections of the Upper Canadian Opposition to sink their differences, and to coalesce with a view to the «<efeat of the Ministry; so that while Mr. Morins Lower

* Mr. Sherwood had been returned for the City of Toronto at a bye-election in April, 1853,

+ Member for Peterborough,

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Canadian supporters for the most part stood by him, Mr. Hincks was deserted by many of those upon whom he had been accustomed to rely. The disposal of the Clergy Reserves was a matter as to which it was not to be expected that the advocates of a State Church could agree with the advocates of secularization, but they at least agreed in wishing to see the matter disposed of, and removed from the arena of Parliamentary controversy. Even so staunch a Churchman as Sir Allan MacNab was emphatic in his protestations against the dilatory course pursued by the Ministry. “The present Government,” said he, “have had a large majority at their command year after year, but they have wholly neglected to proceed to the settlement of this question, alleging as their excuse that they could do nothing without Imperial permission. That permission has now been obtained, but Ministers still continue to find excuses for delay.” Mr. Sherwood followed to the same purport. Mr. (John A.) Macdonald and Mr. Brown also participated in the debate, and made speeches strongly condemnatory of the Government. The discussion closed on the night of Tuesday, the 20th, when the amendments of Mr. Cauchon and Mr. Sicotte were carried by a majority of 13, the division being 42 to 29. Mr. Cauchon’s amendment expressed regret that a ministerial measure for settling the Seigniorial Tenure question was not to be submitted during the session ; and Mr. Sicotte’s added the words “or one for the immediate settlement of the Clergy Reserves.” Both the Conservative and Liberal Opposition could conscientiously unite in supporting this amendment, which merely recognized the expediency of a “ settlement,” without imposing any conditions as to the nature of that settlement. We accordingly find among the majority the names of persons of every shade of Provincial politics, between whom there was no sentiment in common except a desire to overturn the Ministry. The vote was practically one of non-confidence in the Administration, and was so regarded. Mr. Hincks moved an adjournment until the following Thursday

292 The Last Forty Yeurs.

(the 22nd), in order that the Ministry might have time to decide what course they should adopt under the cireumstances. The motion was carried, and the House adjourned accordingly.

The appointed Thursday was looked forward to with eager expectation, and the most conflicting rumours were rife as to what the day would bring forth. When the time of meeting arrived there was a very full attendance of members. Scarcely had the Speaker taken the chair ere the roar of guns was heard announcing Lord Elgin’s departure from Government House. The session, then, was to be brought to a close, and his Excellency was already on his way to effect that purpose. Sir Allan MacNab hurriedly got upon his feet, and enquired of the Ministry if they had determined that there was to be an immediate prorogation. Mr. Morin replied to the query by an inclination of his head. ‘“ And,” asked Sir Alian, “is there to be an immediate dissolution ?” Again Mr. Morin nodded. “Then,” said the Knight, in a tone of considerable excitement, “ I protest, in the name of the Opposition, against our being broken up in such a manner! I declare, on behalf of myself and friends, that we are quite prepared to make a respectful reply to his Excellency's Speech: that we are ready to pass a Bill bringing the new Franchise Act at ouce into operation, and to grant the necessary supplies for the current year!” À moment’s pause ensued, whereupon Mr. Mackenzie arose and indulged in an almost hysterical attack upon the occupants of the Treasury benches. He characterized their proceedings as contemptible and unbecoming in any body of men entrusted with the direction of public affairs. In the course of his remarks he asked permission to introduce a Bill for the secularization of the Reserves. While he was haranguing the House, Black Rod knocked at the door, and the Sergeant-at-arms approached the Bar and communicated the fact. A stormy scene ensued, a score of persons attempting to make themselves heard at once. Black Rod, it was said, should remain at the door until members could have time to express their

Currents and Counter-Currents. 293

views. Mr. Mackenzie, despairing of making himself heard, ceased his harangue and sat down, whereupon Mr. John A. Macdonald took the floor, and made a vigorous attack upon the Ministry, whose course he declared to be unconstitutional, and due to a desire to prevent any enquiry into their corrupt practices until after the elections should be over. Other speakers attempted to address the House, but the uproar had by this time become so great that they could not be heard to any purpose. The Speaker had meanwhile been considering what to do with Black Rod. He at last decided that that functionary must be admitted. The door was accordingly opened to him, and the members proceeded to the Court House, where the Legislative Council were sitting, and where the Governor was awaiting the arrival of his “faithful Commons.”

While the members of the Assembly are wending their wa; to the Council Chamber, it is worth while to glance for a moment at the constitutional aspect of affairs. The 31st section of the Union Act* provided that a Parliamentary session should be held at least once in every year, so that not more than twelve months should intervene between session and session. Now, according to Parliamentary usage, at least one Bill must be passed through all its stages by both Houses, in order to constitute a session. In the case under consideration no Bill had been passed, and the limited time had expired. Here was a chance to attack the Government on purely constitutional grounds. and of this chance the Speaker did not neglect to avail himself. He ad never forgiven Mr. Hincks for assigning the Attorney-Generalship for Upper Canada to Mr. Richards instead of to himself, upon the formation of the Cabinet in the autumn of 1851. It was his duty, as Speaker, to call attention to any infringement of the constitution, and he accordingly prepared a pithy address to be delivered at the appropriate time.

* Ante, pp. 286, 287, note.

294 The Last Forty Years.

The appropriate time arrived when the Assembly reached the Council Chamber. The Speaker reached the Bar, and his Excellency held out his hand to receive from his Secretary the closing Speech. Much to the astonishment of Lord Elgin and his Ministers, the Speaker then produced a paper from which he read the address which he had prepared for the occasion, and which was in the following words: “MAY IT PLEASE YOUR EXCELLENCY : It has been the immemorial custom of the Speaker of the Commons House of Parliament to communicate to the Throne the general result of the deliberations of the Assembly upon the principal objects which have employed the attention of Parliament during the period of their labours. It is not now part of my duty thus to address your Excellency, inasmuch as there hs: been no Act passed or judgment of Parliament obtained since we were honoured by your Excellency’s announcement of the cause of summoning the Parliament by your gracious Speech from the Throne. The passing of an Act through its several stages, according to the law and custom of Parliament (solemnly declared applicable to the Parliamentary proceedings of this Province, by a decision of the Legislative Assembly of 1841), is held to be necessary to constitute a session of Parliament. This we have been unable to accomplish, owing to the command which your Excellency has laid upon us to meet you this day for the purpose of prorogation. At the same time, I feel called upon to assure your Excellency, on the part of Her Majesty’s faithful Commons, that it is not from any want of respect to yourself, or to the august personage whom you represent in these Provinces, that no answer has been returned by the Legislative Assembly to your gracious Speech from the Throne.”

After being read over in English, this address was repeatei in French. Persons who were present on the occasion have recorc 4 that his Excellency’s countenance displayed “ deep displeasure and annoyance ” * at being compelled to listen to what he could not

* See Mr. Fennings Taylor’s ‘ Portraits of British Americans,” Vol, I., p. 100,

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regard otherwise than as a censure upon his Ministers and a reprimand to himself. The episode being ended, he recovered his equanimity, and prorogued Parliament with a very brief Speech, in wbich an immediate dissolution was announced.

The dissolution followed immediately, and the elections were fixed to come off in July and August. All through these hot summer months the campaign was carried on with tremendous vigour. The question before the country was whether the Government possessed the confidence of the people. In Lower Canada Mr. Morin continued to receive a large measure of loyal support from his compatriots, though he was beaten in Terrebonne, and was finally compelled to find a seat in the constituency of Chicoutimi and Tadoussac. Mr. Drummond was again returned for Shefford, Mr. Chauveau for Quebec County, and Mr. Chabot for Bellechasse. Mr. Dunbar Ross, Solicitor-General East, was returned for Beauce. The Upper Canadian Ministers had to contend against a combination of hostile influences. The Conservative press unanimously opposed them. The Globe, of course, echoed the opinions of Mr. Brown. The North American, which had been the chief supporter of the Government in Upper Canada, was now in opposition, as was likewise The Examiner. Mr. Mackenzie, who now coüperated wih Mr. Brown, had also begun to issue his Message, which was for the most part written by himself, and which assailed the Ministry from week to week with hyper-fervid utterances. The only ably-conducted metropolitan newspaper to array itself on the ministerial side was The Leader, which had been started in Toronto by Mr. James Beaty in 1852. The sharpest thorn in the ministerial flesh was unquestionably The Globe, which went the length of supporting Conservatives in preference to ministerial candidates.* Against such tactics, and such odds, the Ministry could not hope to maintain their ground.

*]In Hamilton, for instance, The Globe supported Sir Allan MacNab against Mr, Isaac Buchanan, It will doubtless surprise the younger politicians of the present generation to Jearn that The Globe also supported Mr. John A. Macdonald and Mr. Cayley against ministerial candidates,

sd

296 The Last Forty Years.

Mr. Brown himself opposed and defeated Mr, Malcolm Cameron in Lambton, a new constituency created by the recently-passed Representation Act.* Dr. Rolph was reëlected for Norfolk, and Mr. Hincks, in spite of the determined opposition brought to bear against him, was returned for two constituencies, South Oxford and Renfrew. Mr. J. C. Morrison, Solicitor-General West, was also reëlected for Niagara. But the complete returns for Upper Canada shewed only about thirty names out of sixty-five in favour of the Ministry, whereas all their most dangerous opponents had found seats—Mr. Brown for Lambton, Mr. Mackenzie for his former constituency of Haldimand, Mr. (J. S.) Macdonald for Glengarry, and Mr. Cauchon for Montmorency. Mr. Cameron, having been beaten as abovementioned by Mr. Brown, did not offer himself elsewhere, and for some years afterwards remained out of Parliament. Mr. Papineau did not present himself for reëlection, but voluntarily withdrew from public life. He had become alive to the mistake he had made in reëntering the Parli.mentary arena after his return from exile. He might doubtless have continued to find a seat in the Assembly as long as he had chosen to seek one, but his life’s work was over, and by his continuance in Parliament he would merely have subjected himself to ceaseless worry and turmoil to no purpose. The rest of his days were spent in dignified and schclarly retirement. He attained extreme old age, :nd died at Montebello, his beautiful home on the banks of the Ottawa, in September, 1871.

All the leading Conservative members in the upper section of the Province were returned. Sir Allan MacNab, John A. Macdonald, William Cayley, W. B. Robinson, John Hillyard Cameron and Edmund Murney, came successfully out of their respective election contests, and took their seats at the opening of the session. Among other members of the Assembly with whom the reader is acquainted

*It had previously formed part of the constituency of Kent, which had been represented in t » Assembly by Mr, Cameron during the last two Parliaments,

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may be mentioned W. H. Merritt, John Young, A.T. Galt, G. E. Cartier, A. J. Ferguson, J. C. Chapais and L. V. Sicotte, (Conspicuous among the new members were Luther Hamilton Holton, Antoine Aimé Dorion, Jean Baptiste Eric Dorion, Michael Hamilton Foley and Kobert Spence. With Mr. Hoïton the reider is already acquainted.* He took his seat as one of the members for Montreal City. Mr. A. A. Dorion, who had also been returned as a member for Montreal, was a distinguished member of the local bar. He held advanced political opinions, and became the recognized leader of the Rouges at the outset of his Parliamentary career. He possessed fine natural abilities, in addition to an educational training of exceptional thoroughness, and a courtly and polished manner; qualifications which, added to a spotless moral reputation, enabled him to launch himself on the tide of public life with many advantages in his favour. His command of choice English was unrivalled by any French member of the House, and the delicate purity of his accent was such as few foreigners ever attain. He was destined to a long, honourable and useful political career, and to receive the honour of knighthood at the hands of his Sovereign. He is at the present time Chief Justice of the Court of Queen's Bench of Quebec. J. B. E. Dorion was the founder of l'Avenir, the organ of the Rouges, and his political opinions were of the radically advanced order to be expected from one occupying such a position. He took his seat for the constituency of Drummond and Arthabaska. Mr. Foley, who had been returned for the North Riding of Waterloo, was, as his name indicates, an Irishman, but he had lived in Canada from boyhood, and had early imbibed Liberal principles. He was an attorney by profession, but was chiefly known as a clever newspaper writer. He developed into an effective speaker, and a conspicuous member of Parliament. Mr. Spence was also an Irishman by birth,

* Ante, Vol, I., p. 217,

298 The Last Forty Yeurs.

who had made his way to Canada early in life, and who had by turns been an auctioneer, a schoolmaster, and a newspaper editor at Dundas. He was an enthusiastic Reformer, and a firm supporter of Mr. Hincks. He enjoyed the distinction of becoming a Cabinet Minister before he had sat a week in Parliament.

Such were the principal changes brought about by the elections of 1854. The country as a whole had pronounced emphatically in favour of the secularization of the Clergy Reserves and the abolition of the Seigniorial Tenure. While the elections were in progress, news arrived from England that an Act had been passed by the Imperial Parliament empowering the Canadian Legislature to alter the constitution of the Legislative Council, and to apply the elective principle to that body, in accordance with the terms of the Address which had been forwarded from the Assembly during the previous year.* This Act, which received the royal assent on the 11th of August, was an important concession, and was appreciated as such in Canada. How it was acted upon will hereafter appear. Parliament was summoned for the 5th of September, and as the situation was an interesting and critical one, there was a very full attendance on the day of opening.

The composition of the Upper House had undergone no change since the previous session. The full membership of the Assembly, under the new Representation Act, was 130. Of these, 121 took their seats at the opening. Seven only were absent; and two seats were vacant, owing to double returns.+ The new Assembly was made up of three distinct parties: Ministerialists, Conservatives, and advanced Reformers. The Ministerialists, who were the most numerous of the three, were chiefly composed of moderate Reformers

*Ante, p. 271.

+ The two members honoured with a double return were Mr. Hincks, elected for Renfrew and South Oxford, and Mr. Chabot, elected for Quebec City and Bellechasse. The former signified his pleasure to sit for Renfrew, and the latter elected to sit for Quebec.

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from both sections of the Province. The Conservatives, who acknowledged the leadership of Sir Allan MacNab, for the most part represented Upper Canadian constituencies. The advanced Reformers vrere made up of Upper Canadian Clear Grits and Lower Canadian Rouges. At the head of the former was Mr. George Brown; at the head of the latter, Mr. A. A. Dorion. Mr. Brown had been brought to ally himself with the radical element by the sheer force of his opposition to the Government ; so that now, without having in any material respect modified his views, he had become the Parliamentary colleague of William Lyon Mackenzie, and the acknowledged leader of the Clear Grits, whom he had lately contemned and reviled. In Lower Canada there had been an evident reaction in favour of the Rouges, nineteen of whom now arrayed themselves under Mr. Dorion’s banner in opposition to the Government. A majority of them were persons of great earnestness and ability, who could not fail to make their presence felt in Parliament.

The preparations for the vote on the Speakership had been made with unusual care, as that vote would evidently afford a fair indication of the strength of parties. The ministerial candidate was Mr. George E. Cartier. The candidate of the Clear Grit party was Mr. John Sandfield Macdonald, who had been Speaker throughout the last Parliament, but who, as has been seen, had never forgiven Mr. Hincks for not making him Attorney-General, and had lost no opportuuity of proving his antagonism to the Administration. The Government had shown some desire to appease him by adopting him as their candidate for the Speakership at the beginning of the first session of the last Parliament, but he was not to be mollified by such means. He had capped the climax of his hostility by presenting to the Governor the address already referred to, at the close of the short session in June. It was a foregone conclusion that he would now be opposed by the full strength of the Government. The Lower Canadian Opposition put forward Mr. Sicotte. A distinct under-

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standing seems to have been arrived at between the Conservatives and Radicals to act in concert on this question of the Speakership, for the purpose of defeating the Ministry. It was not generally believed that Mr. Sicotte had any chance of being elected, but in order to conciliate the Lower Canadian Opposition the Clear Grits and Conservatives agreed that that gentleman's name should be submitted, and that in case of his rejection his supporters should vote for Mr. Macdonald. For several days before the opening repeated caucuses had been held, and it was apparent that the contest would be a close one, but Mr. Macdonald’s chances of election were believed to be remarkably good.

No sooner had the Governor-General withdrawn, after saluting his new Parliament, and suggesting to them the expediency of proceeding to the election of a Speaker, than Mr. W. B. Lindsay, the Clerk of the Assembly, took the Chair. Mr. Cartier was then proposed by Mr. Spence. The proposal was seconded by Mr. Lemieux, member for Levis. Mr. A. A. Dorion then proposed Mr. Sicotte, and Mr. Scatcherd, from West Middlesex, proposed Mr. J. S. Macdonald; the respective proposals being seconded by Mr. Hartman, of North York, and Mr. Matheson, of North Oxford. A brief but animated debate followed, in the course of which several of the young Rouges displayed a high degree of oratorical ability. Mr. Mackenzie al:9 made an able speech in favour of Mr. Macdonald, in the course of which he strongly condemned Mr. Cartier’s course in the last Parliament, especially with reference to the Grand Trunk Railway. When the debate was concluded the Clerk put the question to the House: Shall Mr. Cartier be Speaker ? The vote was taken, and resulted in the reïection of Mr. Cartier’s candidature by a majority of three, the vote standing 62 to 59. The vote from his native Province gave him a majority of nine, but he was left in a minority of twelve as regarded the Upper Canadian members. Mr. Sicottes name was next submitted. “The yeas will please

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rise,” remarked the Clerk; whereupon Mr. Sicotte’s supporters stood up in their places. They were comparatively few, and it was evident that their candidate was beaten. But the proverb about the cup and the lip received another exemplification. Mr. Hincks had penetrated the tacties of the Opposition, and made his calculations accordingly. His own candidate had been defeated, and the Ministry were doomed. What then? At any rate his sceptre had not yet departed from him, and he could still show his teeth to some purpose. If he was too weak to elect Mr. Cartier to the Speakership, he was at any rate powerful enough to prevent the election of Mr. Macdonald. He resolved that the man who had presented the address to Lord Elgin less than three months before—an address which had implied a grave censure upon the Government—should not recline in the Speaker’s Chair. Not a moment was to be lost. The Clerk had counted Mr. Sicotte’s supporters, and was just about to call for the nays, when the Inspector-General sprang to his feet, and exclaimed: “Put me among the yeas” This was the cue to the entire body of Ministerialists, who followed their leaders example, and declared themselves for Mr. Sicotte. The result was that that gentleman was elected by a majority of thirty-five, and that Mr. Macdonald was left to derive such satisfaction as he could from the dignity of private membership.

It will thus be seen that Mr. Sicotte’s election was brought about by the combined votes of the Ministerialists and the Lower Canadian Opposition—namely, the Rouges. The Clear Grits and Upper Canadian Conservatives all, or nearly all, were supporters of Mr. Macdonald. But the combination of Ministerialists and Rouges was purely accidental, and was not significant of any alliance for the ordinary purposes of legislation. The Ministerialists still composed the most numerous party in the Assembly, but bein confronted—as they unquestionably would have been on all ordinary questions—by

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the combined influence of the Conservatives, Clear Grits and Rouges, there was no possibility of their remaining in power. The political sympathies of the various branches of the Opposition, wide as the poles asunder on every other point, were identical so far as an eager desire to overturn the Government was concerned. The situation, indeed, bore a close analogy to the political crisis of 1€ 42.*

The Ministry, however, did not act with undue haste, anu resolved to gauge the situation thoroughly before tendering their resignations. The vote on the Speakership, while it had afforded a plain indication of ministerial weakness, could hardly be said to have conclusively established the extent of that weakness. It would be time enough to resign after they should have failed to carry the Address in Reply. The House adjourned until the following day, when the Governor came down to the Council Chamber and delivered the Speech from the Throne. It referred to the increase in the member ship of the Assembly, and to the recently concluded measure of reciprocity with the United States, as to which it was suggested that the tariff should be remodelled in accordance with the provisions of the treaty. Reference was also made to the important concessions made to Canada by the mother country in the two Acts passe by the Imperial Parliament with respect to the Clergy Reserves and the Legislative Council. The subject of the Seigniorial Tenure was touched upon, but in a very cautious, non-committal fashion which was far from satisfactory to the advocates of root-and-branch abolition.

The Government had by this time become convinced that nothing was to be gained by postponing the evil day. Mr. Hincks had hoped that he would be able to command a majority of supporters from his own section of the Province, and that he would thereby be able to reinforce Mr. Morin. That hope had been proved to be baseless by the Speakership vote, which, as has been seen, had left Mr. Cartier in a

* See ante, Chapter XI.

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minority of twelve as regarded Upper Canada. Mr. Hincks was thus impelled to the conclusion that he would not be justified in remaining in an Administration with his colleagues from Lower Canada when he could not command the confidence of his own section.* He was confirmed in this opinion on the e,.ning of the 7th, when the Opposition raised a question of privilege and carried it against the Government, Dr. Rolph himself voting against his colleagues.+ No sooner was this result declared than the entire Ministry resolved upon an immediate demission of office, a resolution which they carried out on the following morning. His Excellency accepted the resignations, and thus, on the morning of Friday, the 8th of September, 1854, the Hincks-Morin Ministry ceased to exist.

They had been an exceptionally industrious and -enterprising Government, and were responsible for a great deal of important and useful legislation. During their tenure of office the country made great and rapid advancement in population, in wealth, and in the refining accompaniments of civilized life. Theirs was especially the railway era, and out of the projects then set on foot most of the important Canadian railway enterprises of more recent times may be said to have been developed. They are fully entitled to whatever credit is to be attached to the completion of the Reciprocity Treaty with the United States, and to the procuring of the Imperial Acts authorizing the Canadian Parliament to deal with the Clergy Reserves and the Legislative Council. The Acts extending the franchise and providing for an increased representation of the people were among the most noteworthy of the measures passed during their tenure of office. The Act respecting the Legislative Council, as has been seen, had also been passed by the Assembly as a Government

* See Mr. Hincks’s speech delivered in the Assembly on the 8th of September, 1854.

+ Dr. Rolph had for some time previously shown symptoms of disaffection. He was somewhat advanced in life, and not well adapted to discharge the duties incidental to the head of a department. He would doubtless have resigned, ever had the Government remained in power.

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measure, but had been prevented from becoming law by the intractability of that branch of the Legislature to which it directly referred. Ovwing to the combined influences brought to bear against them, the Hincks-Morin Administration were prevented from achieving the full fruition of their labours, and their successors were enabled to reap the most goodly portion of the crop which they had sown. Yet they accomplished sufficient to render the three years of their dominion a distinct and well-marked epoch in the Provincial annals. At the time of their accession the country was prosperous and flourishing. Though their régime was marked by great expenditure of public funds, they left the Provincial finances in a satisfactory condition, and the Provincial credit abroad may be said to have been for the first time thoroughly established under their auspices. They were called upon to grapple with questions as to which great divergence of opinion prevailed, and to say that they did not succeed in satisfying all parties is merely to say that they were neither omniscient nor omnipotent. Their fall was due to party combinations rather than to their own inherent weakness, and they fell without dishonour.