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On the same day Mr. Rose resumed the Solicitor-Generalship for Lower Canada which he had vacated on the 29th ultimo. The corresponding office for Upper Canada remained vacant for a year and a half thereafter.*

But, though there was no breach of the letter of the law, there was such à manifest evasion of its spirit that the moral sense of the

* It had also remained vacant from the time of Mr. Henry Smith's resignation, at the opening of the session of 1858, until the acceptance of the office by Dr, Connor on the 2nd

of August ; so that about two years elapsed during which there was really no Solicitor- General for Upper Canada,

386 The Last Forty Yeurs.

community was shocked. There was a general feeling that the Independence of Parliament Act had been wrested from its true purpose, and that the constitution had been trifled with. It was evident that the shuffling of portfolios had been resorted to merely for the purpose of relieving Ministers from the necessity of appealing to their constituents. Indeed, Mr. Cartier's frank explanations to the Assembly on the 7th of August left no room for doubt on that head. He expressly stated that “the course followed in the appointments” had been adopted “to meet the requirements of the law, and at the same time to prevent any unnecessary elections.” The Assembly condoned the proceeding,* but the condonation found only a feeble echo beyond the walls of Parliament, and many influential voices were raised in condemnation of this “ Double Shuffle,” as it was called. Expressions of hostile opinion were not confined to that section of the press that usually followed the lead of The Globe. It was regarded as no light thing that Ministers should have taken a solemn oath to discharge the duties pertaining to certain offices, when they had no intention of hoiding those offices long enough to admit of their performing any official act whatever. Proceedings were instituted in the courts of law to test the legality of the conduct of some of the offending Ministers. By the Act of 1857, already referred to, persons sitting and voting in the Assembly while legally disqualified, were declared liable to pecuniary penalties. Actions were accordingly brought by a private individual against three of the Ministers to recover these penalties. The arguments were heard by way of demurrer at Osgoode Hall, Toronto, in the following November, The judgments, which were rendered in December, uniformly exonerated the defendants from liability in respect of the statutory penalties, and declared that the letter of the law had not been violated.+ But there has never been any

DD rs

* See Journals Leg. Ass,, 1858, pp. 973-976, 1001, +$See 17 U.C.Q.B, Reports, 310; 8 U.C,C,P, 479,

The Short Administration. 387

difference of opinion as to the moral turpitude of the Double Shuffle, and the law has since been so modified as to prevent any repetition of the proceeding.*

It is difficult to avoid the conclusion that during the whole cf the transactions described in the last few pages, the leading spirits of both the rival political parties were more solicitous for power than

for their country's welfare. In the absence of an express pledge

from the Governor on the subject of a dissolution, Mr. Brown was unwise to undertake the formation of a Government which could on! hope to live in the event of something unusual and unforeseen taking place. His failure was injurious to his own reputation for sagacity, and certainly did not conduce to the interests of his party. The Double Shuffle was a much more culpable affair, and can be defended—if defended at all—on no other plea than that of temporary expediency, which has been the defence offered through all time for derelictions otherwise inexcusable. It was a serious political otfence, and has ever since formed a ground of attack against those who comimnitted it. An attempt has been made to excuse Mr. Macdonald’s participation therein upon the ground that he all along disapproved of it; that he opposed it at the Council Board, and only consented to it at last because, like the unjust judge in Scripture, he was wearied by continual importunity; the importunity, of course, proceeding from his colleagues. The apology reminds one of Pembroke’s dictum, in Xing John:

‘Otrentimes excusing of a fault Doth make the fault the worse by the excuse,”

The most culpable of all offences are those which are committed against light and knowledge. Whoso knoweth his lord's will and doeth it not shall be beaten with many stripes. Mr. Macdonald, as the leading spirit of the Government of that day, is entitled to bear

*See Dominion Statute of 1878, chap. 5, sec, 3, which is an adaptation of the Provincial (Ontario) Statute 1868-9, chap, 4, sec, 7,

388 The Last Forty Years.

his full share of responsibility for the Double Shuffle, and the weight cannot be shifted from his shoulders by any evasion on the score of expediency. An equally potent excuse might be found for some of the darkest crimes in the calendar. The true hero is not the man who never knew fear, but the mar who, fearing greatly, yet demeans himself valiantly. The palm for true bravery is due to the man who grows pale at the dangers lying in his path, and who yet, because he knows it to be his duty, proceeds on his way, and nobly fronts the danger. So with statesmanship. The true statesman is the man who, fully appreciating all the risk of a particular course, nevertheless adopts that course and persists in it because he knows it to be the right one. The rule inculcating a different line of conduct is not statesmanship, but Machiavelism. And with these condemnatory remarks the writer is very glad to dismiss the subject from his pages.

The reconstructed Government found themselves supported by a considerable majority. Mr. Cartier announced their policy to be the same as had been foreshadowed in the Speech from the Throne at the opening of the session; but he added that in view of the recent vote on the Seat of Government question, the new Ministry did not feel themselves warranted in incurring an expenditure for public buildings until Parliament should have an opportunity of reconsidering the subject. It was further announced that the expediency of a federation of the British North American Provinces would be anxiously considered; that communication with the Home Government and the Maritime Provinces on the subject would forthwith be entered into; and that the result would be submitted to Parliament at a future session. The repudiation of the double-majority principle had increased the agitation in Upper Canada on the subject of Representation by Population, and the idea of a general federation of the Provinces had p:?sented itself to the minds of several of our leading statesmen as a pussible solution of the problem which stared the country in the face. Mr. Galt, as has been seen, had already brought the subject before the

ee”. 0 OO OP Se ON, Or. 1e, Om

The Short Administration. 389

Assembly; and upon his entry into the Government he insisted upon its being taken up as à Cabinet question. Hence Mr. Cartier’s announcement of it as a plank in the ministerial platform. It may here be added that the promises made on behalf of the Government in this particular were redeemed, but no decisive action was taken for some time thereafter, in consequence of the resignation of the Derby Government, which took place in June of the following year.

The session had already lasted more than five months, and the legislative and other necessary business was carried through to à speedy close. À number of important measures passed their third reading ; others were dropped, to be heard of no more. It should here be mentioned that the question of “ Protection to Home Industries” first came before a Canadian Parliament as a matter for Provincial legislation during the session of 1858. It was introduced by Mr. Cayley in connection with certain amendments to the tariff, and was rendered necessary by the unsatisfactory state of the revenue, Rates of 20 and 25 per cent. were imposed upon certain commodities, and à general rate of 15 per cent. on all articles not specially enumerated or exempted. The tariff of the following year, which is frequently referred to as the beginning of Canadian protection, was merely “an enlargement and expansion ” of that of 1858.*

Parliament was prorogued on the 16th of August. Within a few weeks afterwards all the members of the late Brown-Dorion Government had been reëlected, as had also the new ministers, Messieurs Galt and Sherwood. During the progress of the late session, Mr. Brown, who, it will be remembered, had been returned for two constituencies, elected to sit for Toronto. North Oxford being thus left unrepresented, Mr, William MeDougall, who was backed by Mr. Brown's influence, was returned for that constituency by a considerable majority over the ministerial candidate, Mr. J. C. Morrison. Mr. McDougall had been used by his party as a sort of forlorn hope, and had been defeated in several constituencies; but his

* See the Introduction to Mr. John Maclean's “Tarif Hand-Book.”

390 The Last Forty Years.

perseverance aù last met its reward, and he has ever since been conspicuous among our public men. His election took place in May, so that he was able to take his seat in Parliament several months before the close of the session. He took a prominent part in the debates arising out of the exciting questions which agitated the Assembly duriag the last few weeks of the session, and was an undoubted accession to the Opposition ranks.

The month of Aucust was signalized by the completion of telegraphic communication between Europe and America; but scarcely had the first international messages of congratulation been transmitted ere the communication was interrupted in consequence of the inefficient manner in which the cable had been laid, and years were yet to elapse before the two continents were to be permanently brought into that intimate relation which now subsists between them. The year was also rendered noteworthy by the raising of the 100th Regiment in Canada, as an addition to the regular army of Great Britain ; and by the death of Robert Baldwin on the 9th of December—an event which has been recorded on a former page.*

The only ministerial changes which marked the close of the year consisted of the withdrawal of Mr. Sicotte, whose retirement was due to à difference with his colleagues on the subject of the Seat of Government. He was of opinion that, in consequence of the vote in the Assembly on the 28th of the preceding July, the Government were not bound to act upon the Imperial decision in favour of Ottawa. In this view the other members of the Ministry could not concur, and Mr. Sicotte accordingly retired on the 24th of December. He was succeeded in the Commissionership of Public Works by Mr. Rose, who assumed office on the 11th of January following. The Solicitor-Generalship for Lower Canada thenceforward remained vacant throughout the year 1859; so that, except during the first ten days of January, there was no Solicitor-General for either s-ction of the Province during that year.

* Ante, Vol, IT., p. 244,

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