TRES

kè K #

320 The Last Forty Yeurs.

Taché Administration, which remained in power without any modification until the spring of the following year.

Messieurs Macdonald and Cartier were now for the first time brought together under one ministerial canopy. Their political stature had been steadily increasing ever since their entry into public life. The former was now the real, although not the nominal head of his party in Upper Canada. The latter had come to be accepted as the Parliamentary spokesman of a large number of his compatriots. The two continued to fight side by side so long as Mr. Cartier lived, and the fact that they were able to maintain an almost continuous lease of power for so many years must in no small degree be attributed to their joint and several personalities. Each possessed certain qualifications which the other lacked, and which made him specially useful to his coadjutor. Entire confidence subsisted between them for many years, and the regard of each for the other seems to have been high and sincere.

The prosperity of the Province continued without material abatement, The various railways in course of construction gave employment to an army of labourers, and had the effect of raising the prices of the necessaries of life. Expenditure was large, but wages were proportionate, and such a thing as abject want was almost unknown. The timber trade alone was in a depressed condition. There had been a great fall in the price of that commodity in England, owing in part to over supply, but chiefly to the Eastern war. This of course bore heavily upon that particular branch of Canadian industry, but business generally, more especially in Upper Canada, was brisk, and there was no apparent scarcity of money. There was a steady stream of immigration, and the country was rapidly developing. The Eastern conflict was the all-absorbing topic of interest. À patriotice fund was organized for the relief of the widows and orphans of those soldiers of the allied armies who fell in the struggle. It was subscribed to with the utmost liber-

Sir Edmund Head. 321

ality, and the sums sent across the ocean swelled to momentous proportions.* From time to time the public pulse beat high in consequence of intelligence of the fall of Sebastopol having reached Canada. On several occasions illuminations glared throughout the Province from Gaspé to Sandwich in token of joy at that longexpected event; and as often the public enthusiasm was checked upon its becoming known that hope had told a flattering tale. Some months were yet to elapse ere the great event was to be celebrated upon sure intelligence, and with a fervour not less intense than was displayed in the mother-land.

Meanwhile the Provincial Parliament reassembled at Quebec on the 23rd of February, 1855, and continued in session more than three months. The intervening legislation was of a varied character, and consisted of 184 distinct measures. Important reforms were effected in the practice of some of the Courts of justice, and in the laws relating to the various grades of schools. A new Act reforming the municipal and road system of Lower Canada was introduced by Attorney-General Drummond, and carried as a Government measure. Other Acts extended the elective franchise to several classes of persons not previously qualified, ani maie more effectual provision for securing the independence of the Assembly. One of the most important measures of the session was an Act relating to the Provincial militia. Intimation had been received from England that, in consequence of the Crimean war, it had become necessary to withdraw a part of the Imperial troops from Canada. The Province of course had no international quarrels of its own, and was not menaced by any outside foes, but it was ianifestly desirable that the land should not be left defencele::. ‘The Militia Act of 1855 constituted the {nvernor Commander-in-Chief of the Provincial militia, which was divided int: two classes, sedentary and active. It was enacted that, subject to certain exemptions

* Legislative aid was also granted in the same direction during the ensuing session,

322 The Last Forty Years.

and disqualifications, the sedentary militia should consist of all male inhabitants of the Province between eighteen and sixty years of age, and that those under forty should be mustered once a year. Provision was made for dividing the country into military districts, regimental divisions, and battalion divisions, with officers for each. The active militia was to consist of volunteer troops of various grades and classes, as to whom minute regulations were provided. This was the first step towards the organization of a regular volunteer force in Canada. While it was generally conceded that some legislation on the subject was desirable, the Act as passed was unpalatable to the Opposition, who contended that it was an attempt to create a standing army, one of the greatest curses whereby a free country can be afflicted. Among other objections urged against it were the amount of patronage which it must create, and the great expense which would necessarily be incurred in carrying out its various provisions. It was passed, however, and remained in force about eight years, having in the interim been subjected to certain amendments. An Elective Legislative Council Bill was again passed by the Assembly during this session, only to be again rejected in the Upper House, The Seat of Government question also came before the Assembly, and gave rise to a long and heated debate. A number of Lower Canadian members were desirous of establishing the capital permanently at Quebec, but the general sense of the House was in favour of continuing the alternating system adopted in the autumn of 1849, prior to the removal from Montreal to Toronto. The motion in favour of retaining the Government at Quebec was defeated by a vote of 72 to 41.

The Grand Trunk Railway Company had long had to contend with serious financial and other difficulties. They now applied to Parliament for direct pecuniary assistance, Great blunders would seem to have been committed at the outset of this great enterprise,

Sir Edmund Head. 323

more especially in estimating the working expenses, and in the matter of issuing the stock, which had once been quoted at a premium, but was now greatly depressed. The character of the subscription list and the great wealth of the contractors had hitherto enabled the latter to carry on the work of construction without interruption; but a time had now arrived when Provincial aid was the only means of avoiding a stoppage. Such a disaster was to be averted at any reasonable cost, and the Company received a generous grant of £900,000 sterling=$4,500,000. This relief enabled them to tide over the pressure for the time, though their application was repeated, aud with success, during the following year, when a Board of Audit was empowered to investigate the Company'’s affairs, a knowledge of which had theretofore been studiously withheld.

The rest of the legislation of the session may be passed over without comment. The Opposition, though numerically weak, were strong in energy and resource. Mr. Brown continued to speak for the Clear Grits, and he had a most persistent ally in Mr. Mackenzie. Mr, J. S. Macdonald, while acting in concert with Mr. Brown, also had a small following of his own, the most conspicuous member of it being Mr. M. H. Foley, the member for North Waterloo, already mentioned, Mr. A. A. Dorion and Mr. Holton, on behalf of the advanced wing of the Lower Canadian Liberals, from time to time hurled effective diatribes against the Administration. So that the session as à whole was a lively, as well as a productive one. Parliament was prorogued by the Governor on the 30th of May.

During the year 1855 Mr. Hincks severed, for a time, his connection with Canadian affairs. He supported the coalition Government all through the session, and frequently spoke in defence of their policy. Within a few weeks after the prorogation he paid a visit to his native land, and thence passed over to London to confer with Messrs. Baring & Glyn with reference to certain financial projects. During his stay

324 The Last Forty Years.

in London he entered upon arrangements for accepting a position of responsibility in connection with the Grand Trunk Railway; but before completing the negotiation he received from Sir William Molesworth, who was now Colonial Secretary,* the appointment of Governor of Barbadoes and the Windward Islands. Having accepted this high and honourable position, he returned to Canada, and soon afterwards, accompanied by his fanily, sailed from Boston for the seat of his future Government, whither it is unnecessary that we should follow him. We shall encounter him again before the narrative is brought to a close.

So far as the internal affairs of the Province were concerned, the summer and autumn of 1855 passed uneventfully away. The only public questions which produced any agitation were those respecting the Seat of Government and the siecuive Legislative Couneil, and even those were attended with very little excitement. There was exuberant rejoicing over the fall of Sebastopol in September, and the progress of the Eastern conflict to its close was watched in Canada with an absorbing interest. The era of prosperity continued. There was a perceptible tightening in the money market in consequence of the Crimean war, and the timber trade of the Province was still in a very depressed condition; but the season’s harvest had been abundant, and the high price of grain and provisions rendered the year one of signal prosperity for the thrifty farmers of Upper Canada. Among the prominent railway developments of 1855 may be mentioned the opening of the Grand Trunk from Montreal to Brockville, of the Great Western from Toronto to Hamilton, and of the extension of the Northern to Collingwood.

* Lord Aberdeen’s Cabinet had resigned office at the end of the preceding January, and had been succeeded by a Ministry formed under the auspices of Lord Palmerston, in which the Right Hon. Sidney Herbert held the Colonial Secretaryship. After holding office three weeks, Mr. Herbert resigned, and was succeeded by Lord John Russell, who retained the portfolio until the 13th of July, when he was succeeded by Sir William Molesworth, Sir William died during the following October, and was succeeded by the Hon, Henry Labouchere,

Sir Edmund Head. 325

Four sessions of Parliament having by this time been held at Quebec, the Government offices were removed to Toronto during the month of October, and the Governor-General took up his residence there early in November.* Towards the close of the year there were rumours of internal dissensions in the Cabinet, but the advent of 1856 found that body intact, and to all appearance strong in the enjoyment of public confidence. About this time the agitation on what soon after came to be known as the Separate School question began to make itself distinctly heard. The Opposition disapproved of having separat® schools provided out of the public chest for the children of Roman Catholies and Protestants; and indeed disapproved of theological teaching in secular schools altogether. The Roman Catholic population believed that theclogy ought to form an essential part of educational training, and, of course, the only theolowy they desired to have taught to their ofispring was that inculcated by their own priesthood. The Government party, which was largely dependent upon the Lower Canada Roman Catholic vote, were obliged to pay some deference to the more restricted view. They defended the principle that a man who conscientiously believes that religion and education should go hand in hand is entitled to have his convictions respected, and even, to some extent, to have them supported out of those public funds whereof he contributes his share. The cry of the Opposition gained strength with time, and, jointly with that of Representa-

tion by Population, was destined to become an important factor in the elections.

* The old structure on the site of the present Government House, on the corner of King and Simcoe Streets, had been fitted up for his Excellency's occupation, and here he abode during his stay in Toronto, It had been known as ‘Government House ” more than forty years before, having been purchased from Chief Justice Elmsley soon after the destruction of the otficial residence of the Governor by the explosion of the powder maga-

zine during the American invasion of York, in April, 1813, It had successively been the

official residence of Francis Gore, Sir Peregrine Maitland, Sir John Colborne, and Sir F, B. Head,

326 Last Forty Years.

When the second session of the Fifth Parliament was opened at Toronto, on the 15th of February, 1856, the country generally was in a state of profound political calm. All the old vexed questions had been disposed of, and the new ones had not as yet gathered sufficient force to create widespread disturbance in the publie mind. Ovwing to the large increase in the membership of the Assembly since the last meeting of the Legislature at Toronto, a good deal of additional accommodation had become necessary, and the Parliament Buildings on Front Street had recently undergone considerable internal transformation. The space formerly allotted to the public had been encroached upon to such an extent that only a few benches were left at the west entrance for the accommodation of members of the Legislative Council and other privileged visitors. The Council Chamber had been decorated and furnished anew, and presented an aspect of almost imperial splendour, insomuch that the Governor privately remarked that Responsible Government had not obliterated the respect of Canadians for the trappings of sovereignty.* The opening Speech was cautious and non-committal to an uncommon degree, and gave no hint of startling or novel legislation, for the all-sufficient reason that none was contemplated. The Houses were congratulated upon the settlement of the Clergy Reserves and Seigniorial Tenure questions, and upon the general prosperity which prevailed throughout the land. It was intimated that the Legislative Council Bill would again be presented, and that a measure for the organization of a Provincial Police was in contemplation. There were also hints of legal reforms, a general incorporation Act, and an Act respecting juvenile offenders. These, in addition to a few generalities of little moment, made up

* Sir Edmund Head was at this time in his fifty-first year. A contemporary account describes him as of full height and habit, with a rather firm, not to say stern expression of countenance, His complexion was somewhat darkened by the use of nitrate of silver as a remedy for epilepsy, to which he was subject,

ount ssion silver

Sir Edmund Head. 327

the sum total of the ministerial programme, as outlined in the Speech from the Throne.

Various amendments, of no historical significance, were proposed to the Address in Reply, but the Opposition were not strong enough nuiserically to do more than retard public business. After being under discussion for more than a week, the various clauses of the ministerial Address were carried by sweeping majorities. In the course of the debate an extraordinary passage of arms came off between Attorney-General Macdonald and Mr. Brown. The latter was the most vehement, and in some respects the most effective speaker in the Assembly. While by no means graceful in his bearing or eloquent in his diction, he spoke with such an air of deep and earnest conviction that, on any question in which he was greatly interested, it was impossible to listen to him unmoved. His torrents of invective and objurgation were at times overwhelming. On the night of Tuesday, the 26th of February, while the debate on the Address was still in progress, he was taunted with having changed his political views since the last general election, when he had, both personally and in his newspaper, vigorously supported persons whom he now assailed. The reference was specially to the elections of Sir Allan MacNab, John A. Macdonald and Mr. Cayley, all of whom had received the Globe’s support in opposition to candidates favourable to Mr. Hincks’'s policy. It must be admitted that Mr. Brown's course in this respect had not been marked by that perfect consistency on which he was wont to pique himself; although, on the other hand, it was legitimately open to him to argue that his change of base had been produced by the altered political relations of Messieurs MacNab, Macdonald and Cayley, who had coalesced with persons whose policy they had previously denounced. But inconsistency was of all charges the most intolerable to the mind of Mr. Brown, and upon being taken to task on that score by some of the speakers

on the ministerial side his indignation knew no bounds. He had not been speaking five minutes ere he had succeeded in lashing himself into a white heat, He indulged in a tremendous onslaught on what he characterized as the kaleidoscopic politics of some of the members of the Government ; and he specially instanced the case of the Attorney-General West and the Postmaster-General. Anger begets anger; and Mr. Macdonald, stung by the cutting words as they poured hot from the speaker’s lips, was roused to a condition of temper which impelled him to forget the pleasant urbanity which generally marked his demeanour, alike to friends and foes. When he rose to reply to Mr. Brown it was evident that he was labouring under wild excitement. He launched forth into a tirade which electrified the House, and caused even the least scrupulous of Parliamentary sharpshooters to stand aghast. He accused the member for Lambton of having falsified testimony, suborned convict witnesses, and obtained the pardon of murderers in order to induce them to give false evidence. These grave delinquencies were alleged to have been committed by Mr. Brown while acting as Secretary to a Commission appointed in 1848 to investigate certain alleged abuses in connection with the Provincial Penitentiary at Kingston. Such foul charges had never before been laid against any member on the floor of a Canadian Parliament, and the astonished legislators gazed in one another’s faces in a state of mingled bewilderment and incredulity. When Mr. Macdonald took his seat Mr. Brown once more arose, tremulous with excitement, to repel the accusations made against him. No one who knew the member for Lambton would have expected him, under such cireumstances, to carefully choose his words; and in good sooth he spoke in language akin to that employed by Faulconbridge to the Dauphin of France. He was frequently interrupted by Mr. Macdonald, whose impassioned and spasmodic utterances seemed to have been culled from the Athanasian Creed. Like Roland and Sir Leoline,

‘ Each spake words of high disdain.”

Sir Edmund Head. 329

The excitement became general, and rose to fever heat. The very atmosphere of the Assembly seemed to be charged with electricity, and the Speaker twice called the offenders to order. Suddenly each of the Parliamentary gladiators seemed to realize the position in which he stood, and the storm subsided as quickly as it had arisen. Mr. Brown almost immediately afterwards concluded his remarks, which he was permitted to do without further interruption. He contented himself with declaring that the charges had not a vestige of truth in them; that he had taken down the Attorney-General’s words ; and that he would hold him responsible for them. He also announced that he would on the following day move for a Committee of Inquiry. Then he resumed his seat. It was felt that calm deliberation was for the nonce out of the question, and the House broke up for the day.

Until the meeting of the House on the following afternoon, nothing was talked of but the extraordinary ebullition of the night before. Mr. Brown, according to his announcement, moved for a Committee, and the debate on the motion occupied the greater part of the sitting. The Attorney-General, in the course of the discussion, admitted that he had spoken under great excitement, and that he had no personal knowledge as to the truth or falsity of the charges he had made. He justified his attack, however, upon the ground that his feelings had been grievously wounded by the assaults made upon him by Mr. Brown, and that his information as to that gentleman’s conduct as a member of the Penitentiary Commission had been derived from sources which he was compelled to regard as trustworthy. The Committee was granted, and sat at intervals throughout the greater part of the session. The seven gentlemen composing it were unable to come to a unanimous decision, and finally handed in two separate reports. That of the majority was a non-committal document which could not have been very satisfactory to either of the persons chiefly con-

330 The Last Forty Years.

cerned. It did not find Mr. Brown guilty of any of the offences with which he had been charged, but on the other hand it did not exonerate him. With respect to the charge of falsifying evidence, it was found that the Penitentiary Commissioners, when compiling their report from the mass of evidence taken, had omitted certain passages favourable to the defence, and that, to such an extent, there had been falsification. This, however, which might fairly be attributed to an error of judgment, was the act of the Commissioners as a whole, and not of Mr. Brown only.* The charge of having suborned witnesses was wholly unsustained by the evidence, and that of having procured the pardon of murderers was attempted to be sustained by such testimony as did not call for any serious attempt at rebuttal. The minority report embodied a total exculpation of Mr. Brown. The presentation of the two reports to the Assembly gave rise to protracted debates, and Parliament was prorogued without any decisive action having been taken in the matter. Its consideration was never resumed.

The personal hostility engendered at this time between Mr. Macdonald and Mr. Brown was never entirely allayed. Lapse of time doubtless did something to mitigate the rigour of their impressions, and when accident or public business brought them into personal relations with each other they were mutually able to maintain a semblance of frigid courtesy and respect. Years afterwards, as will be seen, when they had both grown older, and (presumably) wiser, they agreed to sink their differences for the common welfare of the country; but the temporary peace patched up between them was solely for the accomplishment of a special public object, and had little or no effect in obliterating the memory of their long-standing personal feud.

*How far Mr. Brown, who conducted the affairs of the Commission, and in fact was the Secretary also, was to blame separately from his colleagues, your Committee express no opinion.”—See the Report.

Sir Edmund Head. 331

The altercation between Mr. Macdonald and Mr. Brown took place, as above stated, on the 26th of February, when the session was only a few days old. It proved to be only the first of a succession of unedifying scenes which marked the proceedings in the Assembly during the session of 1856. Personal allusions, and even personal insults, erelong came to be freely bandied across the floor of the House, and on several occasions the Speaker had to put forth the weight of his authority to prevent actual breaches of the peace. On the 16th of April, during a debate on the Seat of Government question, a most unseemly passage of wordy warfare took place between Attorney-General Macdonald and Mr. Rankin,* member for Essex. Some very un-Parliamentary language having been used on both sides, it was anticipated that the fracas must inevitably end in a personal encounter at ten paces. It was in contemplation to place both the belligerents in the custody of the Sergeant-at-Arms, but after a long discussion on the subject in the House, they were induced to pledge themselves not to push the matter any farther, and there it was allowed to drop.

But quarrels between political foes were not the only disturbing elements that occurred to interrupt the harmony of the Legislature during this stormy session. It soon became apparent that there was not perfect unanimity between the members of the Cabinet, and that the ante-sessional rumours as to internal troubles had not been without foundation. The truth of the matter was that the Liberal- Conservative party, more especially that portion which had once owned allegiance to Mr. Hincks, were dissatisfied with the leadership of Sir Allan MacNab, and desired to see a younger and more energetic man installed in his place. There could be no difference of opinion as to who the successor should be. Mr. Macdonalä was

* Mr. Rankin had recently received from the Government the appointment of Colonel Commandant of the Western Militia District He was, and is, commonly known as Colonel Rankin.

332 The Last Forty Years.

the ablest Parliamentarian in the Liberal-Conservative ranks, and was looked up to as t'eir leading spirit. As for Sir Allan, he had never possessed abilitics of a high order, and had only been permitted to retain the leadership up to this time in consequence of his seniority, and his long and unquestionable fidelity to his party. Moreover, infirmities begotten of old age and a too generous diet had of late given unmist:kable evidences of their presence. He suffered from excruciating attacks of gout, and was sometimes compelled to be absent from his place in the Assembly and in the Executive Council. During the progress of the session his absences became so frequent as to prove a source of embarrassment to the Ministry of which he was the head. Towards the end of March a caucus of the more advanced Ministerialists was accordingly held, and it was resolved that Mr. Macdonald should be leader. This step, it was believed, would induce Sir Allan’s immediate resignation ; but it erelong appeared that the belief was too sanguine for the facts. For a time, indeed, it seemed that the cabal had accomplished nothing beyond a serious breach in their party. Sir Allan was highly indignant at th- means which had been resorted to to undermine him, and denounced Mr. Macdonald in terms which must in all charity be at least in part attributed to the grievous malady with which he was atflicted—a malady which is a severe tax even upon the most equable temper. He felt strong in his position as Premier, and refused to resign at the bidding of anybody. He well knew that a Premier is liable to disinissal at the hands of the Governor alone, and that his followers had no direct means of unseating him. Such of his colleagues as were hostile to him might resign office, and thus bring on a ministerial crisis; but he would then be left free to reconstruct his Cabinet, and might possibly succeed in doing so without their aid. In that case they would have simply turned themselves out of office, for it might safely be taken for gianted that Sir Allan woud not reinstats any one of them.

Sir Edmund Head. 333

The cabal, however, proved too much for the valetudinarian knight. All the ministerial press, with the exception of the Hamilton Spectator and the Toronto Colonist, opened fire upon him. He was informed, in no mealy-mouthed phrases, that his services as leader of his party were no longer either necessary or desirable. When he perceived that his day was over, he tried to compromise matters by having his friend, Mr. John Hillyard Cameron, installed in the leadership, instead of Mr. Macdonald. Mr. Cameron was very willing to have greatness thrust upon him, and seconded the efforts of his leader. While these machinations were in progress the ministerial party were much disorganized, and were in sooth in a critical position, as the Opposition failed not to take advantage of every turn of the Parliamentary wheel in their favour, and thundered away night after night at the Treasury benches with ceaseless importunity. Suddenly, and not without surprise, the Government found themselves defeated on a prblic question of some importance, arising out of what wa: known as the Corrigan murder. On the 17th of October, 1855, a Protestant named Robert Corrigan had been murdered by a crowd of ruffians assembled at a cattle fair, in the parish of St. Sylvestre, in the county of Lotbinière, Lower Canada. In the following February Richard Kelly and six other Irish Roman Catholics were placed on trial for the murder, The trial took place in the Court of Queen's Bench, at Quebec. The jury was entirely composed of Roman Catholics, and Judge Duval, who presided, was of th > same faith. The trial lasted some days, and a mass of evidence was taken. There could not well have been a clearer case, and there surely could have been no doubt in the mind of any one who heard the evidence as to the guilt of the prisoners. The murder was attended by circumstances of the most revolting brutality, and one cannot read the report of the trial, even at this distance of time, without horror and disgust, Yet, in defiance of the plainest evidence, the jury rev: “ed a verdict of “Not Guilty,” and the

334 The Last Forty Years.

prisoners were acquitted. Such a miscarriage of justice might well create a sensation. Throughout Western Canada the outcry was loud and deep. It was said that there was no law for the Protestants of the Lower Province, and that their lives were at the -ercy of their Roman Catholic fellow-subjects. The press, headed sy the Globe, took the matter up with tremendous fervour, clamouring for the formation of a new party to guard the intereits of Protestants, and to oppose Romish domination. The excitement jenetrated to all classes of society, and the public mind had not been so stirred since the debates on the Rebellion Losses Bill. On the night of Friday, the 7th of March, Mr. John Hillyard Cameron brought the matter before the Assembly by moving for an address to the Governor for the production of a copy of Judge Duval’'s chaire, which, as Mr. Cameron alleged, “contained statements which could hardly have been made by any man who had anything like a fair acquaintance with the manner in which the criminal law ought to be administered.” Such a very positive expression as this, emanating from a gentleman who was perhaps the ablest criminal lawyer ever known to the Canadian bar, produced a decided effect upon the House. The Ministry found themselves on the horns of an unpleasant dilemma. The Lower Canadian members to whom they looked for support were opposed to any reflection on Judge Duval's wisdom and integrity. The Upper Canadians, Conservatives as well as Reformers, were almost to a man in favour of Mr. Cameron’s motion. The Ministry, after deliberation, refused to sanction the proceeding, and took the ground that to order the production of Judge Duval’s charge would be to infringe upon the independence of the judiciary. The motion came up on the night of the 10th—three days «fter its first introduction—and after being fully debated on both sides, was carried against the Ministry by a vote of 48 to 44. Allthe Upper Canadian ministerialists voted for the motion, with the exception of Dr. Clarke, member for North Wellington, and Mr.

B ww 74 1

Sir Edmund Head. 335

James Ross, member for East Northumberland. This was an unmistakable defeat. Attorney-General Drummond hurriedly moved an adjournment of the House.

Next day, after the transaction of some routine business, Mr. Drummond, on behalf of the Government, asked for a further adjournment for two days, in order that Ministers might have time to deliberate upon what was to be done under the circumstances. He announced that the address involved in Mr. Cameron’s motion had not been presented to his Excellency, and gave notice that he would move to rescind it. The interval before the next meeting of the House was employed by the Government in marshalling their forces, and in bringing into line such recalcitrant members as were accessible to ministerial influence. In spite of all that could be done, however, it was brought home to the Government that on the motion to rescind they would inevitably be beaten. It was therefore arranged that they should agree to present the address to his Excellency, and that a friendly member should move a vote of confidence in the Ministry. This plan was carried out, and it was made apparent that the Government were supported by a majority; whereupon Mr. Drummond announced that under the circumstances they did not feel called upon to resign. This ended the crisis for the time. The address was duly presented to the Governor, who, by the advice of his Ministers, responded in a message to the effect that Judge Duval's charge was not in his possession ; that it could not be assumed to exist; that even if it did exist the Governor had not power to enforce its production ; and that to call a judge to account in the manner indicated would be “at least an evasion ” of the spirit of the Act to secure the independence of the Judges of Lower Canada.

But the position of the Ministry was far from satisfactory, and some change was imperative. They never entirely recovered from the effects of the hostile vote on the Corrigan matter. On the

18th of April the Hon. John Ross resigned the Speakership of the Legislative Council, and ceased to be a member of the Government. The reason assigned by him for his resignation was the dissatisfaction expressed by the Reform ministerial members of Upper Canada at the existing state of affairs in the Government. A deputation had recently waited upon him on behalf of those members, and had notified him that they must no longer be depended upon to support Government measures. The coalition, they declared, had been formed for the specific object of settling the Clergy Reserves and Seigniorial Tenure questions. That object having now been accomplished, they could see no reason for continuing an alliance with such a scion of the Family Compact as Sir Allan MacNab, who, they alleged, had never been an efficient leader, even when he was in good health, and who now, by reason of his frequent illness, had become a mere drag upon public business. With such a man at their head, they averred, no Administration could prove itself equal to the exigencies of the times. Of course, Mr. Ross, in his explanations in the Upper House, did not enter into all these details, but contented himself with merely stating that he had resigned because the confidence of the Upper Canadian Reformers had been withdrawn. He was succeeded in the Speakership of the Council by Colonel Taché, who also retained the post of Receiver-General. Mr. J. C. Morrison was at the same time admitted to a seat in the Cabinet without portfolio. Having always been identified with the same political party as Mr. Ross, it was believed by the Ministry that Mr. Morrison's admission to their Council Board would, so to speak, restore the balance of power, and allay the dissatisfaction of the Upper Canadian Reformers. Public opinion, however, was very much divided, and while (as was ultimately proved) Mr. Morrison’s entrance into the Ministry was approved by a majority of his constituents in Niagara, there were many Reformers throughout the Province who found fault with him.

Sir Edmund Head. 337

Early in May a rumour began to get abroad that there was trouble in the Lower Canada section of the ministerial camp, and that Mr. Cauchon had threatened resignation. The ground of offence in his case was the North Shore Railway. The inhabitants of the north shore of the St. Lawrence between Quebec and Montreal were desirous of having a railway through their territory, and extending thence westward up the Ottawa. The lavish Government aid extended to the Grand Trunk led them to hope for similar liberality towards their own cherished enterprise. Mr. Cauchon had strongly sympathized with this view of the matter, and had held out high expectations to his followers. In order to justify these expectations he had put forth the weight of his power in the Ministry to forward his object ; but, notwithstanding his urgency, he had been unable to obtain ministerial concurrence in his views. He then became restive, and threatened resignation. As he had a following of eighteen members, such a threat was too serious to be disregarded, and he was permitted to introduce and carry through a measure whereby four millions of acres of ungranted lands of the Crown were set apart, to be handed over to the railway company so soon as at least twenty-five miles of the contemplated road should be completed. Mr. Cauchon's secession was thus averted for the time, but, as will hereafter be seen, for the time only.

Meantime Sir Allan continued to be laid up with gout, and the ministerial cabal from time to time renewed its operations against him. But he still felt strongly entrenched, and stood upon his rights. He could not be summarily turned adrift, Evidently the only means of disposing of him was to compel his resignation, and the prospect of accomplishing this feat was not hopeful. But the fates were propitious to his foes. Reference has been made to the Seat of Government question. The perambulating system had not been found satisfactory. It was attended with much expense and in-

338 The Last Forty Years.

convenience, and would sooner or later have to be relinquished in favour of a permanent capital. On the 14th of April Mr. John Sandfield Macdonald brought the matter before the Assembly in the form of a motion in favour of discontinuing the alternate system. The motion was carried, and on the 16th, after a long and heated discussion, the House resolved, by a vote of 64 to 56, that after the year 1859 Quebec should be the permanent capital of Canada. Of course, nearly all the Upper Canadian members were dissatisfied with this arrangement. As events turned out, however, the decision afforded the ministerial cabal the desired opportunity for displacing their chief. On the 14th of May, when certain supplementary estimates for the year had been brought down and placed before the Assembly, it appeared that there was an item of £50,000 for the erection of public buildings at Quebec. Mr. Brown moved that it was inexpedient to vote this sum for the purpose specified. His motion was objected to in point of form, and the objection was sustained by the Speaker. Several other motions to a similar purport shared the same fate. The Ministry, however, suggested that the Opposition might, if so disposed, bring the question before the House by a direct vote of want of confidence. The suggestion was promptly acted upon by Mr. Papin, member for L'Assomption. When that gentleman’s motion came up, on the following day, Mr. Holton, with Mr. Papins consent, moved an amendment to the same effect, but somewhat more comprehensive in its terms.* The discussion on this amendment, which began on the 15th of the month, lasted till late on the night of Tuesday, the 20th, when, after a continuous sitting of thirty-two hours, the amendment was defeated by a vote of 70 to 47. But on analyzing the votes it was found that there were no fewer than

* Mr. Holton’s motion was as follows : ‘* That the course of the Administration with reference to the question of the Seat of Government, and other important public questions, has disappointed the just expectations of the great majority of the people of this Province.” See Assembly Journals, 15th May, 1856,

Sir Edmund Head. 339

thirty-three Upper Canadians among the minority, whereas only twenty-seven from that section of the Province had voted with tie Government. The Opposition, then, had defeated the Government by an Upper Canadian majority of six; and only five Upper Canadian members were absent from the vote. This raised a direct issue as to the necessity for a double majority. That question had never been definitively settled. It had been first mooted during the old days of Executive irresponsibility, but had never obtained acquiescence from Reformers, nor even from the Conservatives as a whole. In principle it was foreign to the constitution, and could not be supported even as a mere theory.* Upper and Lower Canada were united as one Province, with a single Parliament legislating for the whole, It was sufficient if the Government received the support of a majority in the Assembly, without regard to the particular locality represented by the supporters. A double majority had not been regarded as a necessity by Mr. Baldwin, as had been sufficiently proved by the very factor which various Canadian writers have put forward as a proof that he did so regard it; namely, the cireumstances of his resignation in 1851. It has repeatedly been asserted that his resignation was due to his adherence to the double majority principle; whereas, if he had regarded such a principle as binding he would not only have resigned himself, but would have approved of the resignation of his colleagues from Upper Canada.+ But, so far from approving their resignation, he strongly urged them to remain-in office. The motives which really swayed Mr. Baldwin at this juncture have been sufficiently explained in a former chapter.? That Mr.

* See the remarks of the Hon. J, A. Macdonald in the Assembly, on Friday, June 3rd, 1856, as reported in the newspapers of the time,

+Mr. J. S. Macdonald seems to have either misunderstood or affected to misunderstand Mr. Baldwin's position, See the series of resolutions moved by him in the Assembly, June 3rd, 1856,

+ Ante, pp. 236, 237.

Sécu: t

340 The Last Forty Years.

Hincks did not regard a double majority as an essential had been established by the fact of his yielding to Mr. Baldwin’s representations, and retaining office when his leader resigned. Advocates of the other side of the question, however, were provided with a strong practical argument. The fact was undeniable that the Government of Canada could not be satisfactorily carried on by means of a majority of one section and.a minority of the other. An agitation for a repeal of the Union would be the inevitable outcome of such a proceeding. The question, then, was an open one, and the Ministry, during the crisis of 1856, were free to act as to them might seem best. Their Chief was suffering from one of his sharpest attacks, and was not in a position to either direct or interfere with their deliberations. He seemed to have been, by a special dispensation, delivered over to their hands. They concluded to uphold the double majority principle, and thus, by the only means in their power, get rid of Sir Allan, who, like a veritable Old Man of the Sea, hung like an incubus upon the ministerial neck. They felt that, divested of their head, they would be able to command a safe majority in the Assembly. They were now convinced that in the event of their resignation Sir Allan by himself could do nothing, in which case the Gove 10r would be constrained to have recourse to them. They would Le able to reconstruct the Government without the gallant knight from Hamilton, and would be relieved from much of the embarrassment which beset them.

These projects were successfully carried out. Not, however, without protest on the part of Sir Allan. Messrs. Spence and Morrison, the Upper Canadian Reform representatives in the Ministry, having notified his Excellency of their intention of immediately resigning, their example was followed by Attorney-General Macdonald and Inspector-General Cayley. The Governor accordingly signified to Sir Allan and the other members his conviction that it would be impossible to replace those gentlemen “in such a manner

Sir Edmund Heud. 341

as to maintain the efficiency of the Council, on the principle on which it had originally been formed.” Sir Allan was at no loss to understand the broad hint conveyed in this intimation. Neither had he any difficulty in understanding the tactics of his Upper Canadian colleagues. But he saw no means of either ignoring the one or counteracting the other. He was racked with pain and undermined in health; “an old man, broken with the storms of state,” — and hot podagra. He made the best of the situation, and submitted, On the 21st of May the Governor was apprised that Sir Allan and the other members of the Council, “though not recognizing a sectional majority as a sufficient reason for a change of Government,” yet considered that they had no alternative but to place their offices at his Excellency’s disposal. Next day the Governor accepted the resignations, to take effect from the appointment of new Councillors.* He then applied to Colonel Taché, as the senior Executive Councillor, and entrusted him with the formation of a Ministry, a task which was soon accomplished. All the readjustments were finally complete on the 24th—Her Majesty's birthday—and on that date the Taché-Macdonald Government, as it is called, came into power. It contained only two new members, Messieurs Philip Michael Matthew Scott Vankoughnet and Timothy Lee Terrill. The latter was a lawyer by profession, and a man of average abilities. He had been à member of the old British party in Lower Canada, and in 1849 had been connected with the annexation movement. He had fir:: entered political life in November, 1852, when he had been electeu to the Assembly for Stanstead, which constituency he had represented ever since. He now succeeded Mr. Cartier

* In the memorandum of acceptance the Governor expressly stated that he did not admit or sanction the doctrine of a double or sectional majority as necessary to a Government in Canada. He further referred to the doctrine as ‘‘irrational,” and one which, if carried out, ‘ might involve the consequence of a Ministry being obliged to resign, although the party by whom they had been defeated did not and could not possess the confidence of the Legislative Assembly.”

342 The Last Forty Years.

as Provincial Secretary, and he was the only person of British stock in the Lower Canadian section of the new Cabinet. Mr. Vankoughnet, the other new member, was a much abler man, though he was at this time devoid of political experience, and had never even been a candidate for a seat in Parliament. He was of German descent, but a Canadian by birth, having been born at Cornwall, Upper Canada, in 1823. He was at this time one of the leaders of the Upper Canadian bar, and resided at Toronto, where he enjoyed a large and lucrative practice, and was known as one of the most brilliant men in the profession. In 1850 he had been appointed a Queen's Connsel by the second Lafontaine-Baldwin Government, and as he had always been identified with the Conservative party, the appointment had justly been regarded as a tribute to his professional standing alone. Some of his contemporaries have been known to say that if his industry had been commensurate with his general parts, Philip Vankoughnet would have been the ablest lawyer that ever figured at the Canadian bar. He was a fast friend of Mr. J. A. Macdonald, and it was at that gentleman’s urgent solicitation that he now consented to renounce his exceptionally profitable law practice and accept a seat in the reconstructed Administration. He succeeded to the place of Sir Allan MacNab, and became President of the Council and head of the Bureau of Agriculture. He made no attempt to obtain a seat in the Assembly, but in the following November was elected to the Legislative Council for the Rideau Division, under the new Act to be presently referred to. We may here anticipate matters so far as to say that notwithstanding his great abilities he did not take very kindly to political life, of which he had had no previous experience; nor did he ever become popular as a Cabinet Minister. The duties of a Department were not congenial to him, and he doubtless felt himself to be somewhat out of his proper sphere. Upon his election to the Upper House he became the leader of the Government party there,

Sir Edmund Heard. 343

and was conspicuous for fluency of speech and a pleasing manner, though he was not, and did not aspire to be, a Parliamentary orator. His highest honours were reserved for the last seven years of his life, during which he filled with singular ability the dignified position of Chancellor of Upper Canada.

Except Sir Allan MacNab, the only member of the late Administration who did not hold office in the new one was Mr. Drummond. That gentleman refused to acquiesce in the arrangements unless upon condition that he should be leader of the ministerial party in the Assembly. To this proviso Attorney-General Macdonald, who was the real, though not the nominal head of the Administration, was not disposed to assent, he having reserved the leadership of the Lower House for himself, Mr. Drummond accordingly withdrew, and was succeeded as Attorney-General East by Mr. Cartier, late Provincial Secretary. The Speakership of the Legislative Council was retained by Colonel Taché, but he ceased to be Receiver-General, that portfolio being assumed by Mr. J, C. Morrison. Messieurs Cauchon and Lemieux retained their respective portfolios of Crown Lands and Public Works, and Messieurs (J. A.) Macdonald, Cayley and Spence continued respectively to be Attorney-General West, Inspector-General and Postmaster-General. The two Solicitors-General, Messieurs Henry Smith and Dunbar Ross, also retained their offices.

Such was the composition of the Taché-Macdonald Administration of 1856. As already stated, its real head was not Colonel Taché, but John A. Macdonald, who at last found himself in the position of Upper Canadian leader. Thenceforward down to the present day he has been perhaps the most conspicuous figure in the political life of this country. He had travelled steadily towards the goal at which he had arrived, and his ambition and force of character had proved too much for Sir Allan MacNab, who from that time forward ceased to exercise any important influence over public affairs.

344 The Last Forty Years.

On Friday, the 23rd of May : two days after his resignation, and one day before the ministerial arrangements had been definitely settled: Sir Allan went, or rather was carried, down to his place in the Assembly, for the purpose of making the explanations naturally to be looked for from him under the circumstances. He reached the House a few minutes after the Speaker had taken the chair. He was swathed in flannel, and his countenance bore unmistakable traces of the acute bodily agony through which he had recently passed. Two stout serving-men carried him between them into the House, and placed him in the chair which he had of old been wont to occupy. The members, irrespective of party, sounded indubitable notes of welcome, and thereby signified their congratulations upon his convalescence. He received them with a kindly smile, but it was evident that he was buoyed up beyond his strength for the occasion, and that he was not even entirely free from physical pain. It had come to be generally known that his anger was hotly kindled against the Attorney-General West, and an exciting collision was looked forward to when the ministerial tactics should be laid bare to the Assembly. Much to the disappointment of those members who enjoyed such scenes, neither Mr. Macdonald nor any other member of the Cabinet was present, nor was any one there to represent them, except Solicitor-General Smith. After the routine business had been disposed of, every one looked towards Sir Allan, who at once responded to the implied appeal. Being unable to stand erect without great discomfort, he craved the Speaker’s permission to retain his seat while making his remarks. The permission was of course granted, and thus, seated in his chair, he proceeded to say à few words, which, however, threw no light on the ministerial changes. He remarked that he had left his room at great inconvenience for the express purpose of making the explanations which the Assembly had a right to demand of him, but that while on the way he had encountered Attorney-General Drummond, who had

Sir Edmund Head. 345

informed him that his colleagues did not intend to be in their places in the House until the following Monday. Under these cireumstances he felt it right to defer his explanations until that date. “TI will only add,” concluded Sir Allan, “my great regret that the state of my health has prevented my discharging my duty during the present session of Parliament. I have been a member of this House twenty-six years, and during all that period I have not been so long absent as during the present session. I think the people of this country will receive that from a man of my age as a sufficient excuse, I shall endeavour to be in my place next Monday to meet those gentlemen, for the purpose of making such statements as I think it becomes me to make ; and to the people I confidently appeal for their verdict in the course I have taken. If I am supported by their voice, I shall feel that I am right. If condemned, I am ready to retire into private life—and indeed, perhaps, I am now fit for little else.” There is no reason to suppose that these closing words, which were spoken in a breaking and tremulous voice, had been premeditated, or that they were intended as an argumentum ad misericordiam ; but they certainly produced a marked effect upon all who heard them. There is indeed something indescribably touching in the simply-worded peroration, coming from such a man, and under such circumstances. The effect of the appeal was not confined to members of the House. It was more or less felt throughout the whole of the Upper Province, and Sir Allan received many expressions of warm sympathy from persons with whom he had very little in common except his humanity. Taken all and all, the scene is unique in our Parliamentary history. Its earlier features —the carrying into the House bandaged in flannel, the bowed frame, the shattered constitution, the pallid countenance indicative of past suffering—insensibly remind one of the famous episode in the life of a much greater man than Sir Allan: the episode in the English Parliament in 1778, when Chatham went down to make his last speech in the House of Lords.

Happily, however, the parallel does not extend to the concluding 23—2

346 The Last Forty Years.

scenes. Sir Allan did not fall back in the arms of his friends: first, because, as has been seen, he sat in his chair, and ran no risk of falling ; and second, because, unlike Lord Chatham, he rallied from the physical prostration wherewith he had been afllicted, and survived for about six years, during which his name was more or less frequently in men’s mouths, though he never regained the political ascendency that had once been his.

The ministerial explanations were made at the appointed time— Monday, the 26th. It is unnecessary that we should linger over them. Suffice it to say that they proved satisfactory to a majority of the Assembly, and that a motion of want of confidence moved by Mr. Dorion was negatived, after a hot debate extending over several days, by a majority of four. The Upper Canadian majority against the Government, however, was considerably increased. Here was a formidable dilemma, for the recent resignations had proceeded upon the ground that a double-majority, if not absolutely essential, was at all events a matter of primary importance. With what consistency could the Government now retain office, with the general majority in their favour reduced from 23 to 4, and with the Upper Canadian majority against them increased nearly threefold? The Premier, Colonel Taché, hinted at a second resignation, He was however overborne by his colleagues, who grounded their determination to remain in office upon the inexpediency of delaying the public business, Much of the legislation of the session was still incomplete, and it was certain that the public interests would suffer in the event of further complications in the Cabinet. These arguments prevailed. Affairs settled down into their normal condition, and the ordinary legislative business was proceeded with. Throughout the rest of the session the Government were able to carry their measures by fair majorities.

The most important statutory measure of the session was the Act respecting the Legislative Council, which was almost identical with that passed by the Assembly and rejected in the Upper House during

the previous session, It enacted that the existing members should

œ ne

Sir Edmund Head. 347

continue to hold their seats during life, as provided by the Imperial Act of 1340. Every future member was to be elected for a term of eight years by the suffrages of the people, the qualification for voters being the same as that of voters for members of the Assembly. The Province, for the purposes of the Act, was divided into fortyeight electoral divisions, twenty-four for each section. The elections were not to be simultaneous, but biennial, twelve members being returned at each contest: that is to say, twelve members in 1856, twelve in 1858, a similar number in 1860, and in each second vear thereafter. Such was the system introduced by the Elective Legislative Council Act of 1856, which continued in operation until Confederation, when it was abandoned in favour of the old system of appoiutments for life. The only material modification occurred in 1860, when the Speaker—who, under the Act of 1856, was appointed by the Governor—was made elective by the members of the Council.

Such a measure was certain to encounter opposition from the Conservative element in the Upper House : the element which had already more than once prevented it from becoming law. It however received the sanction of a large majority of that body, and in due course received the royal assent, The first elections under it were held in the autumn of the same year, when, as has been seen, Mr, Vankoughnet was returned for the electoral division of Rideau.*

The session adjourned on the 1st of July, after passing 140 Acts,

among which may be mentioned that known as the Common Law

Procedure Act of 1856. It was an adaptation to local requirements

of an English statute regulating the practice of the Courts of Common Law, and related to Upper Canada only. The Bill respecting Provincial Police, after being introduced, and to some extent discussed, was abandoned in consequence of its unpopularity.

* Colonel Prince, who has disappeared from the narrative for some time past, was at the

same elections returned to the Legislative Council for the Western Division, During the

preceding two years he had no seat in the Legislature, his career in the Assembly haviny closed with the Fourth Parliament in 1854,