Malcolm Cameron and other radical Reformers advocated the complete secularization of the reserves, while Cayley, Macdonald, and other Conservatives, urged that the provisions of the imperial act of 1840 should be carried out to the fullest extent, and that the funds, then or at a future time at the disposal of the government "for the purposes of public worship and religious instruction" under the act, should be apportioned among the various denominations that had not previously had a share in the reserves. When it came to a division, it was clear that there was no unanimity on the question among the ministers and other supporters. Indeed, the summary given above of the remarks made by LaFontaine, Baldwin, and Hincks, affords conclusive evidence of the differences of opinion that existed between them and of their reluctance to express themselves definitely on the subject. The majority of the French members, Messrs. LaFontaine, Cauchon, Chabot, Chauveau, LaTerrière and others, voted against the resolution which affirmed that "no religious denomination can be held to have such vested interest in the revenue derived from the proceeds of the said clergy reserves as should prevent further legislation with reference to the disposal of them, but this House is nevertheless of opinion that the claims of existing incumbents should be treated in the most liberal manner." Baldwin and other Reformers supported this clause, which passed by a majority of two. The address was finally adopted on a division of forty-six Yeas and twenty-three Nays—"the minority containing the names of a few Reformers who would not consent to pledge themselves to grant, for the lives of the existing incumbents, the stipends on which they had accepted their charges—some perhaps having come from other countries to fill them and having possibly thrown up other preferments."[21] The address was duly forwarded to England by Lord Elgin, with a despatch in which he explained at some length the position of the whole question. In accordance with the principle which guided him throughout his administration of Canadian affairs—to give full scope to the right of the province to manage its own local concerns—he advised Lord Grey to repeal the imperial act of 1840 if he wished "to preserve the colony." Lord Grey admitted that the question was one exclusively affecting the people of Canada and should be decided by the provincial legislature. It was the intention of the government, he informed Lord Elgin, to introduce a bill into parliament for this purpose; but action had to be deferred until another year when, as it happened unfortunately for the province, Lord John Russell's ministry was forced to resign, and was succeeded by a Conservative administration led by the Earl of Derby.
The Canadian government soon ascertained from Sir John Pakington, the new colonial secretary, that the new advisers of Her Majesty were not "inclined to give their consent and support to any arrangement the result of which would too probably be the diversion to other purposes of the only public fund … which now exists for the support of divine worship and religious instruction in the colony." It was also intimated by the secretary of state that the new government was quite ready to entertain a proposal for reconsidering the mode of distributing the proceeds of the sales of the reserves, while not ready to agree to any proposal that might "divert forever from its sacred object the fund arising from that portion of the public lands of Canada which, almost from the period of the British conquest of that province, has been set apart for the religious instruction of the people." Hincks, who was at that time in England, at once wrote to Sir John Pakington, in very emphatic terms, that he viewed "with grave apprehension the prospect of collision between Her Majesty's government and the parliament of Canada, on a question regarding which such strong feelings prevailed among the great mass of the population." The people of Canada were convinced that they were "better judges than any parties in England of what measures would best conduce to the peace and welfare of the province." As respects the proposal "for reconsidering the mode of distributing the income of the clergy reserves," Hincks had no hesitation in saying that "it would be received as one for the violation of the most sacred constitutional rights of the people."
As soon as the Canadian legislature met in 1852, Hincks carried an address to the Crown, in which it was urged that the question of the reserves was "one so exclusively affecting the people of Canada that its decision ought not to be withdrawn from the provincial legislature, to which it properly belongs to regulate all matters concerning the domestic interests of the province." The hope was expressed that Her Majesty's government would lose no time in giving effect to the promise made by the previous administration and introduce the legislation necessary "to satisfy the wishes of the Canadian people." In the debate on this address, Moria, the leader of the French section of the cabinet, clearly expressed himself in favour of the secularization of the reserves in accordance with the views entertained by his Upper Canadian colleagues. It was consequently clear that the successors of the LaFontaine-Baldwin ministry were fully pledged to a vigorous policy for the disposal of this vexatious dispute.
A few months after Lord Elgin had forwarded this address to the Crown, the Earl of Derby's administration was defeated in the House of Commons, and the Aberdeen government was formed towards the close of 1852, with the Duke of Newcastle as secretary of state for the colonies. One of Sir John Pakington's last official acts was to prepare a despatch unfavourable to the prayer of the assembly's last address, but it was never sent to Canada, though brought down to parliament. At the same time the Canadian people heard of this despatch they were gratified by the announcement that the new ministers had decided to reverse the policy of their predecessors and to meet the wishes of the Canadian legislature. Accordingly, in the session of 1853, a measure was passed by the imperial parliament to give full power to the provincial legislature to vary or repeal all or any part of the act of 1840, and to make all necessary provisions respecting the clergy reserves or the proceeds derived from the same, on the express condition that there should be no interference with the annual stipends or allowances of existing incumbents as long as they lived. The Hincks-Morin ministry was then urged to bring in at once a measure disposing finally of the question, in accordance with the latest imperial act; but, as we have read in a previous chapter, it came to the opinion after anxious deliberation that the existing parliament was not competent to deal with so important a question. It also held that it was a duty to obtain an immediate expression of opinion from the people, and the election of a House in which the country would be fully represented in accordance with the legislation increasing the number of representatives in the assembly.
The various political influences arrayed against Hincks in Upper Canada led to his defeat, and the formation of the MacNab-Morin Liberal-Conservative government, which at once took steps to settle the question forever. John A. Macdonald commenced this new epoch in his political career by taking charge of the bill for the secularization of the reserves. It provided for the payment of all moneys arising from the sales of the reserves into the hands of the receiver-general, who would apportion them amongst the several municipalities of the province according to population. All annual stipends or allowances, charged upon the reserves before the passage of the imperial act of 1853, were continued during the lives of existing incumbents, though the latter could commute their stipends or allowances for their value in money, and in this way create a small permanent endowment for the advantage of the church to which they belonged.
After nearly forty years of continuous agitation, during which the province of Upper Canada had been convulsed from the Ottawa to Lake Huron, and political parties had been seriously embarrassed, the question was at last removed from the sphere of party and religious controversy. The very politicians who had contended for the rights of the Anglican clergy were now forced by public opinion and their political interests to take the final steps for its settlement. Bishop Strachan's fight during the best years of his life had ended in thorough discomfiture. As the historian recalls the story of that fight, he cannot fail to come to the conclusion that the settlement of 1854 relieved the Anglican Church itself of a controversy which, as long as it existed, created a feeling of deep hostility that seriously affected its usefulness and progress. Even Lord Elgin was compelled to write in 1851 "that the tone adopted by the Church of England here has almost always had the effect of driving from her even those who would be most disposed to co-operate with her if she would allow them." At last freed from the political and the religious bitterness which was so long evoked by the absence of a conciliatory policy on the part of her leaders, this great church is able peacefully to teach the noble lessons of her faith and win that respect among all classes which was not possible under the conditions that brought her into direct conflict with the great mass of the Canadian people.
CHAPTER VIII
SEIGNIORIAL TENURE
The government of Canada in the days of the French régime bore a close resemblance to that of a province of France. The governor was generally a noble and a soldier, but while he was invested with large military and civil authority by the royal instructions, he had ever by his side a vigilant guardian in the person of the intendant, who possessed for all practical purposes still more substantial powers, and was always encouraged to report to the king every matter that might appear to conflict with the principles of absolute government laid down by the sovereign. The superior council of Canada possessed judicial, administrative and legislative powers, but its action was limited by the decrees and ordinances of the king, and its decisions were subject to the veto of the royal council of the parent state. The intendant, generally a man of legal attainments, had the special right to issue ordinances which had the full effect of law—in the words of his commission "to order everything as he shall see just and proper." These ordinances regulated inns and markets, the building and repairs of churches and presbyteries, the construction of bridges, the maintenance of roads, and all those matters which could affect the comfort, the convenience, and the security of the community at large. While the governmental machinery was thus modelled in a large measure on that of the provincial administration of France, the territory of the province was subject to a modified form of the old feudal system which was so long a dominant condition of the nations of Europe, and has, down to the present time left its impress on their legal and civil institutions, not even excepting Great Britain itself. Long before Jacques Cartier sailed up the River St. Lawrence this system had gradually been weakened in France under the persistent efforts of the Capets, who had eventually, out of the ruin of the feudatories, built up a monarchy which at last centralized all power in the king. The policy of the Capets had borne its full, legitimate fruit by the time Louis XIV ascended the throne. The power of the great nobles, once at the head of practically independent feudatories, had been effectually broken down, and now, for the most part withdrawn from the provinces, they ministered only to the ambition of the king, and contributed to the dissipation and extravagance of a voluptuous court.
But while those features of the ancient feudal system, which were calculated to give power to the nobles, had been eliminated by the centralizing influence of the king, the system still continued in the provinces to govern the relations between the noblesse and the peasantry who possessed their lands on old feudal conditions regulated by the customary or civil law. These conditions were, on the whole, still burdensome. The noble who spent all his time in attendance on the court at Versailles or other royal palaces could keep his purse equal to his pleasures only by constant demands on his feudal tenants, who dared no more refuse to obey his behests than he himself ventured to flout the royal will.
Deeply engrafted as it still was on the social system of the parent state, the feudal tenure was naturally transferred to the colony of New France, but only with such modifications as were suited to the conditions of a new country. Indeed all the abuses that might hinder settlement or prevent agricultural development were carefully lopped off. Canada was given its seigneurs, or lords of the manor, who would pay fealty and homage to the sovereign himself, or to the feudal superior from whom they directly received their territorial estate, and they in their turn leased lands to peasants, or tillers of the soil, who held them on the modified conditions of the tenure of old France. It was not expedient, and indeed not possible, to transfer a whole body of nobles to the wilderness of the new world—they were as a class too wedded to the gay life of France—and all that could be done was to establish a feudal tenure to promote colonization, and at the same time possibly create a landed gentry who might be a shadowy reflection of the French noblesse, and could, in particular cases, receive titles directly from the king himself.
This seigniorial tenure of New France was the most remarkable instance which the history of North America affords of the successful effort of European nations to reproduce on this continent the ancient aristocratic institutions of the old world. In the days when the Dutch owned the Netherlands, vast estates were partitioned out to certain "patroons," who held their property on quasi feudal conditions, and bore a resemblance to the seigneurs of French Canada. This manorial system was perpetuated under English forms when the territory was conquered by the English and transformed into the colony of New York, where it had a chequered existence, and was eventually abolished as inconsistent with the free conditions of American settlement. In the proprietary colony of Maryland the Calverts also attempted to establish a landed aristocracy, and give to the manorial lords certain rights of jurisdiction over their tenants drawn from the feudal system of Europe. For Carolina, Shaftesbury and Locke devised a constitution which provided a territorial nobility, called landgraves and caciques, but it soon became a mere historical curiosity. Even in the early days of Prince Edward Island, when it was necessary to mature a plan of colonization, it was gravely proposed to the British government that the whole island should be divided into "hundreds," as in England, or into "baronies," as in Ireland, with courts-baron, lords of manors, courts-leet, all under the direction of a lord paramount; but while this ambitious aristocratic scheme was not favourably entertained, the imperial authorities chose one which was most injurious in its effects on the settlement of this fertile island.
It was Richelieu who introduced this modified form of the feudal system into Canada, when he constituted, in 1627, the whole of the colony as a fief of the great fur-trading company of the Hundred Associates on the sole condition of its paying fealty and homage to the Crown. It had the right of establishing seigniories as a part of its undertaking to bring four thousand colonists to the province and furnish them with subsistence for three years. Both this company and its successor, the Company of the West Indies, created a number of seigniories, but for the most part they were never occupied, and the king revoked the grants on the ground of non-settlement, when he resumed possession of the country and made it a royal province. From that time the system was regulated by the Coutume de Paris, by royal edicts, or by ordinances of the intendant.
The greater part of the soil of Canada was accordingly held en fief or en seigneurie. Each grant varied from sixteen arpents—an arpent being about five-sixths of an English acre—by fifty, to ten leagues by twelve. We meet with other forms of tenure in the partition of land in the days of the French régime—for instance, franc aleu noble and franc aumone or mortmain, but these were exceptional grants to charitable, educational, or religious institutions, and were subject to none of the ordinary obligations of the feudal tenure, but required, as in the latter case, only the performance of certain devotional or other duties which fell within their special sphere. Some grants were also given in franc aleu roturier, equivalent to the English tenure of free and common socage, and were generally made for special objects.[22]
The seigneur, on his accession to the estate, was required to pay homage to the king, or to his feudal superior from whom he derived his lands. In case he wished to transfer by sale or otherwise his seigniory, except in the event of direct natural succession, he had to pay under the Coutume de Paris—which, generally speaking, regulated such seigniorial grants—a quint or fifth part of the whole purchase money to his feudal superior, but he was allowed a reduction (rabat) of two-thirds if the money was promptly paid down. In special cases, land transfers, whether by direct succession or otherwise, were subject to the rule of Vixen le français, which required the payment of relief, or one year's revenue, on all changes of ownership, or a payment of gold (une maille d'or). It was obligatory on all seigniors to register their grants at Quebec, to concede or sub-infeudate them under the rule of jeu de fief, and settle them with as little delay as practicable. The Crown also reserved in most cases its jura regalia or regalitates, such as mines and minerals, lands for military or defensive purposes, oak timber and masts for the building of the royal ships. It does not, however, appear that military service was a condition on which the seigniors of Canada held their grants, as was the case in France under the old feudal tenure. The king and his representative in his royal province held such powers in their own hands. The seignior had as little influence in the government of the country as he had in military affairs. He might be chosen to the superior council at the royal pleasure, and was bound to obey the orders of the governor whenever the militia were called out. The whole province was formed into a militia district, so that in time of war the inhabitants might be obliged to perform military service under the royal governor or commander-in-chief of the regular forces. A captain was appointed for each parish—generally conterminous with a seigniory—and in some cases there were two or three. These captains were frequently chosen from the seigniors, many of whom—in the Richelieu district entirely—were officers of royal regiments, notably of the Carignan-Salières. The seigniors had, as in France, the right of dispensing justice, but with the exception of the Seminary of St Sulpice of Montreal, it was only in very rare instances they exercised their judicial powers, and then simply in cases of inferior jurisdiction (basse justice). The superior council and intendant adjudicated in all matters of civil and criminal importance.
The whole success of the seigniorial system, as a means of settling the country, depended on the extent to which the seigniors were able to grant their lands en censive or en roture. The censitaire who held his lands in this way could not himself sub-infeudate. The grantee en roture was governed by the same rules as the one en censive except with respect to the descent of lands in cases of intestacy. All land grants to the censitaires—or as they preferred to call themselves in Canada, habitants—were invariably shaped like a parallelogram, with a narrow frontage on the river varying from two to three arpents, and with a depth from four to eight arpents. These farms, in the course of time assumed the appearance of a continuous settlement on the river and became known in local phraseology as Côtes—for example, Côte de Neiges, Côte St. Louis, Côte St. Paul, and many other picturesque villages on the banks of the St. Lawrence. In the first century of settlement the government induced the officers and soldiers of the Carignan-Salières regiment to settle lands along the Richelieu river and to build palisaded villages for the purposes of defence against the war-like Iroquois; but, in the rural parts of the province generally, the people appear to have followed their own convenience with respect to the location of their farms and dwellings, and chose the banks of the river as affording the easiest means of intercommunication. The narrow oblong grants, made in the original settlement of the province, became narrower still as the original occupants died and their property was divided among the heirs under the civil law. Consequently at the present day the traveller who visits French Canada sees the whole country divided into extremely long and narrow parallelograms each with fences and piles of stones as boundaries in innumerable cases.
The conditions on which the censitaire held his land from the seignior were exceedingly easy during the greater part of the French regime. The cens et rentes which he was expected to pay annually, on St. Martin's day, as a rule, varied from one to two sols for each superficial arpent, with the addition of a small quantity of corn, poultry, and some other article produced on the farm, which might be commuted for cash, at current prices. The censitaire was also obliged to grind his corn at the seignior's mill (moulin banal), and though the royal authorities at Quebec were very particular in pressing the fulfilment of this obligation, it does not appear to have been successfully carried out in the early days of the colony on account of the inability of the seigniors to purchase the machinery, or erect buildings suitable for the satisfactory performance of a service clearly most useful to the people of the rural districts. The obligation of baking bread in the seigniorial oven was not generally exacted, and soon became obsolete as the country was settled and each habitant naturally built his own oven in connection with his home. The seigniors also claimed the right to a certain amount of statute labour (corvée) from the habitants on their estates, to one fish out of every dozen caught in seigniorial waters, and to a reservation of wood and stone for the construction and repairs of the manor house, mill, and church in the parish or seigniory. In case the censitaire wished to dispose of his holding during his lifetime, it was subject to the lods et ventes, or to a tax of one-twelfth of the purchase money, which had to be paid to the seignior, who usually as a favour remitted one-fourth on punctual payment. The most serious restriction on such sales was the droit de retraite, or right of the seignior to preempt the same property himself within forty days from the date of the sale.
There was no doubt, at the establishment of the seigniorial tenure, a disposition to create in Canada, as far as possible, an aristocratic class akin to the noblesse of old France, who were a social order quite distinct from the industrial and commercial classes, though they did not necessarily bear titles. Under the old feudal system the possession of land brought nobility and a title, but in the modified seigniorial system of Canada the king could alone confer titular distinctions. The intention of the system was to induce men of good social position—like the gentils-hommes or officers of the Carignan regiment—to settle in the country and become seigniors. However, the latter were not confined to this class, for the title was rapidly extended to shopkeepers, farmers, sailors, and even mechanics who had a little money and were ready to pay for the cheap privilege of becoming nobles in a small way. Titled seigniors were very rare at any time in French Canada. In 1671, Des Islets, Talon's seigniory, was erected into a barony, and subsequently into an earldom (Count d'Orsainville). Francois Berthelot's seigniory of St. Laurent on the Island of Orleans was made in 1676 an earldom, and that of Portneuf, René Robineau's, into a barony. The only title which has come down to the present time is that of the Baron de Longueuil, which was first conferred on the distinguished Charles LeMoyne in 1700, and has been officially recognized by the British government since December, 1880.
The established seigniorial system bore conclusive evidence of the same paternal spirit which sent shiploads of virtuous young women (sometimes marchandises mêlées) to the St. Lawrence to become wives of the forlorn Canadian bachelors, gave trousseaux of cattle and kitchen utensils to the newly wed, and encouraged by bounties the production of children. The seigniories were the ground on which these paternal methods of creating a farming community were to be developed, but despite the wise intentions of the government the whole machinery was far from realizing the results which might reasonably have been expected from its operation. The land was easily acquired and cheaply held, facilities were given for the grinding of grain and the making of flour; fish and game were quickly taken by the skilful fisherman and enterprising hunter, and the royal officials generally favoured the habitants in disputes with the seigniors.
Unlike the large grants made by the British government after the conquest to loyalists, Protestant clergy, and speculators—grants calculated to keep large sections of the country in a state of wildness—the seigniorial estates had to be cultivated and settled within a reasonable time if they were to be retained by the occupants. During the French dominion the Crown sequestrated a number of seigniories for the failure to observe the obligation of cultivation. As late as 1741 we find an ordinance restoring seventeen estates to the royal domain, although the Crown was ready to reinstate the former occupants the moment they showed that they intended to perform their duty of settlement. But all the care that was taken to encourage settlement was for a long time without large results, chiefly in consequence of the nomadic habits of the young men on the seigniories. The fur trade, from the beginning to the end of French dominion, was a serious bar to steady industry on the farm. The young gentilhomme as well as the young habitant loved the free life of the forest and river better than the monotonous work of the farm. He preferred too often making love to the impressionable dusky maiden of the wigwam rather than to the stolid, devout damsel imported for his kind by priest or nun. A raid on some English post or village had far more attraction than following the plough or threshing the grain. This adventurous spirit led the young Frenchman to the western prairies where the Red and Assiniboine waters mingle, to the foot-hills of the Rocky Mountains, to the Ohio and Mississippi, and to the Gulf of Mexico. But while Frenchmen in this way won eternal fame, the seigniories were too often left in a state of savagery, and even those seigneurs and habitants who devoted themselves successfully to pastoral pursuits found themselves in the end harassed by the constant calls made upon their military services during the years the French fought to retain the imperial domain they had been the first to discover and occupy in the great valleys of North America. Still, despite the difficulties which impeded the practical working of the seigniorial system, it had on the whole an excellent effect on the social conditions of the country. It created a friendly and even parental relation between seigneur, curé, and habitant, who on each estate constituted as it were a seigniorial family, united to each other by common ties of self-interest and personal affection. If the system did not create an energetic self-reliant people in the rural communities, it arose from the fact that it was not associated with a system of local self-government like that which existed in the colonies of England. The French king had no desire to see such a system develop in the colonial dependencies of France. His governmental system in Canada was a mild despotism intended to create a people ever ready to obey the decrees and ordinances of royal officials, over whom the commonality could exercise no control whatever in such popular elective assemblies as were enjoyed by every colony of England in North America.
During the French régime the officials of the French government frequently repressed undue or questionable exactions imposed, or attempted to be imposed, on the censitaires by greedy or extravagant seigniors. It was not until the country had been for some time in the possession of England that abuses became fastened on the tenure, and retarded the agricultural and industrial development of the province. The cens et rentes were unduly raised, the droit de banalité was pressed to the extent that if a habitant went to a better or more convenient mill than the seignior's, he had to pay tolls to both, the transfer of property was hampered by the lods el ventes and the droit de retraite, and the claim always made by the seigniors to the exclusive use of the streams running by or through the seigniories was a bar to the establishment of industrial enterprise. Questions of law which arose between the seigneur and habitant and were referred to the courts were decided in nearly all cases in favour of the former. In such instances the judges were governed by precedent or by a strict interpretation of the law, while in the days of French dominion the intendants were generally influenced by principles of equity in the disputes that came before them, and by a desire to help the weaker litigant, the censitaire.
It took nearly a century after the conquest before it was possible to abolish a system which had naturally become so deeply rooted in the social and economic conditions of the people of French Canada. As the abuses of the tenure became more obvious, discontent became widespread, and the politicians after the union were forced at last to recognize the necessity of a change more in harmony with modern principles. Measures were first passed better to facilitate the optional commutation of the tenure of lands en roture into that of franc aleu roturier, but they never achieved any satisfactory results. LaFontaine did not deny the necessity for a radical change in the system, but he was too much wedded to the old institutions of his native province to take the initiative for its entire removal. Mr. Louis Thomas Drummond, who was attorney-general in both the Hincks-Morin and MacNab-Morin ministries, is deserving of honourable mention in Canadian history for the leading part he took in settling this very perplexing question. I have already shown that his first attempt in 1853 failed in consequence of the adverse action of the legislative council, and that no further steps were taken in the matter until the coming into office of the MacNab or Liberal-Conservative government in 1854, when he brought a bill into parliament to a large extent a copy of the first. This bill became law after it had received some important amendments in the upper House, where there were a number of representatives of seigniorial interests, now quite reconciled to the proposed change and prepared to make the best of it. It abolished all feudal rights and duties in Lower Canada, "whether hearing upon the censitaire or seigneur," and provided for the appointment of commissioners to enquire into the respective rights of the parties interested. In order to enable them to come to correct conclusions with respect to these rights, all questions of law were first submitted to a seigniorial court composed of the judges of the Queen's Bench and Superior Court in Lower Canada. The commissioners under this law were as follows:—
Messrs. Chabot, H. Judah, S. Lelièvre, L. Archambault, N. Dumas, J.G.
Turcotte, C. Delagrave, P. Winter, J.G. Lebel, and J.B. Varin.
The judges of the seigniorial court were:—
Chief Justice Sir Louis H. LaFontaine, president; Judges Bowen,
Aylwin, Duval, Caron, Day, Smith, Vanfelson, Mondelet, Meredith,
Short, Morin, and Badgley.
Provision was also made by parliament for securing compensation to the seigniors for the giving up of all legal rights of which they were deprived by the decision of the commissioners. It took five years of enquiry and deliberation before the commissioners were able to complete their labours, and then it was found necessary to vote other funds to meet all the expenses entailed by a full settlement of the question.
The result was that all lands previously held en fief, en arrière fief, en censive, or en roture, under the old French system, were henceforth placed on the footing of lands in the other provinces, that is to say, free and common socage. The seigniors received liberal remuneration for the abolition of the lods et ventes, droit de banalité, and other rights declared legal by the court. The cens et ventes had alone to be met as an established rent (rente constituée) by the habitant, but even this change was so modified and arranged as to meet the exigencies of the censitaires, the protection of whose interests was at the basis of the whole law abolishing this ancient tenure. This radical change cost the country from first to last over ten million dollars, including a large indemnity paid to Upper Canada for its proportion of the fund taken from public revenues of the united provinces to meet the claims of the seigniors and the expenses of the commission. The money was well spent in bringing about so thorough a revolution in so peaceable and conclusive a manner. The habitants of the east were now as free as the farmers of the west. The seigniors themselves largely benefited by the capitalization in money of their old rights, and by the untrammelled possession of land held en franc aleu roturier. Although the seigniorial tenure disappeared from the social system of French Canada nearly half a century ago, we find enduring memorials of its existence in such famous names as these:—Nicolet, Verchères, Lotbinière, Berthier, Rouville, Joliette, Terrebonne, Sillery, Beaupré, Bellechasse, Portneuf, Chambly, Sorel, Longueuil, Boucherville, Chateauguay, and many others which recall the seigniors of the old régime.
CHAPTER IX
CANADA AND THE UNITED STATES
In a long letter which he wrote to Earl Grey in August, 1850, Lord Elgin used these significant words: "To render annexation by violence impossible, or by any other means improbable as may be, is, as I have often ventured to repeat, the polar star of my policy." To understand the full significance of this language it is only necessary to refer to the history of the difficulties with which the governor-general had to contend from the first hour he came to the province and began his efforts to allay the feeling of disaffection then too prevalent throughout the country—especially among the commercial classes—and to give encouragement to that loyal sentiment which had been severely shaken by the indifference or ignorance shown by British statesmen and people with respect to the conditions and interests of the Canadas. He was quite conscious that, if the province was to remain a contented portion of the British empire, it could be best done by giving full play to the principles of self-government among both nationalities who had been so long struggling to obtain the application of the parliamentary system of England in the fullest sense to the operation of their own internal affairs, and by giving to the industrial and commercial classes adequate compensation for the great losses which they had sustained by the sudden abolition of the privileges which England had so long extended to Canadian products—notably, flour, wheat and lumber—in the British market.
Lord Elgin knew perfectly well that, while this discontent existed, the party which favoured annexation would not fail to find sympathy and encouragement in the neighbouring republic. He recalled the fact that both Papineau and Mackenzie, after the outbreak of their abortive rebellion, had many abettors across the border, as the infamous raids into Canada clearly proved. Many people in the United States, no doubt, saw some analogy between the grievances of Canadians and those which had led to the American revolution. "The mass of the American people," said Lord Durham, "had judged of the quarrel from a distance; they had been obliged to form their judgment on the apparent grounds of the controversy; and were thus deceived, as all those are apt to be who judge under such circumstances, and on such grounds. The contest bore some resemblance to that great struggle of their own forefathers, which they regard with the highest pride. Like that, they believed it to be the contest of a colony against the empire, whose misconduct alienated their own country; they considered it to be a contest undertaken by a people professing to seek independence of distant control, and extension of popular privileges." More than that, the striking contrast which was presented between Canada and the United States "in respect to every sign of productive industry, increasing wealth, and progressive civilization" was considered by the people of the latter country to be among the results of the absence of a political system which would give expansion to the energies of the colonists and make them self-reliant in every sense. Lord Durham's picture of the condition of things in 1838-9 was very painful to Canadians, although it was truthful in every particular. "On the British side of the line," he wrote, "with the exception of a few favoured spots, where some approach to American prosperity is apparent, all seems waste and desolate." But it was not only "in the difference between the larger towns on the two sides" that we could see "the best evidence of our own inferiority." That "painful and undeniable truth was most manifest in the country districts through which the line of national separation passes for one thousand miles." Mrs. Jameson in her "Winter Studies and Summer Rambles," written only a year or two before Lord Durham's report, gives an equally unfavourable comparison between the Canadian and United States sides of the western country. As she floated on the Detroit river in a little canoe made of a hollow tree, and saw on one side "a city with its towers, and spires, and animated population," and on the other "a little straggling hamlet with all the symptoms of apathy, indolence, mistrust, hopelessness," she could not help wondering at this "incredible difference between the two shores," and hoping that some of the colonial officials across the Atlantic would be soon sent "to behold and solve the difficulty."
But while Lord Durham was bound to emphasize this unsatisfactory state of things he had not lost his confidence in the loyalty of the mass of the Canadian people, notwithstanding the severe strain to which they had been subject on account of the supineness of the British government to deal vigorously and promptly with grievances of which they had so long complained as seriously affecting their connection with the parent state and the development of their material resources. It was only necessary, he felt, to remove the causes of discontent to bring out to the fullest extent the latent affection which the mass of French and English Canadians had been feeling for British connection ever since the days when the former obtained guarantees for the protection of their dearest institutions and the Loyalists of the American Revolution crossed the frontier for the sake of Crown and empire. "We must not take every rash expression of disappointment," wrote Lord Durham, "as an indication of a settled aversion to the existing constitution; and my own observation convinces me that the predominant feeling of all the British population of the North American colonies is that of devoted attachment to the mother country. I believe that neither the interests nor the feelings of the people are incompatible with a colonial government, wisely and popularly administered." His strong conviction then was that if connection with Great Britain was to be continuous, if every cause of discontent was to be removed, if every excuse for interference "by violence on the part of the United States" was to be taken away, if Canadian annexationists were no longer to look for sympathy and aid among their republican neighbours, the Canadian people must be given the full control of their own internal affairs, while the British government on their part should cease that constant interference which only irritated and offended the colony. "It is not by weakening," he said, "but strengthening the influence of the people on the government; by confining within much narrower bounds than those hitherto allotted to it, and not by extending the interference of the imperial authorities in the details of colonial affairs, that I believe that harmony is to be restored, where dissension has so long prevailed; and a regularity and vigour hitherto unknown, introduced into the administration of these provinces." And he added that if the internal struggle for complete self-government were renewed "the sympathy from without would at some time or other re-assume its former strength."
Lord Elgin appeared on the scene at the very time when there was some reason for a repetition of that very struggle, and a renewal of that very "sympathy from without" which Lord Durham imagined. The political irritation, which had been smouldering among the great mass of Reformers since the days of Lord Metcalfe, was seriously aggravated by the discontent created by commercial ruin and industrial paralysis throughout Canada as a natural result of Great Britain's ruthless fiscal policy. The annexation party once more came to the surface, and contrasts were again made between Canada and the United States seriously to the discredit of the imperial state. "The plea of self-interest," wrote Lord Elgin in 1849, "the most powerful weapon, perhaps, which the friends of British connection have wielded in times past, has not only been wrested from my hands but transferred since 1846 to those of the adversary." He then proceeded to contrast the condition of things on the two sides of the Niagara, only "spanned by a narrow bridge, which it takes a foot passenger about three minutes to cross." The inhabitants on the Canadian side were "for the most part United Empire Loyalists" and differed little in habits or modes of thought and expression from their neighbours. Wheat, their staple product, grown on the Canadian side of the line, "fetched at that time in the market from 9d. to 1s. less than the same article grown on the other." These people had protested against the Montreal annexation movement, but Lord Elgin was nevertheless confident that the large majority firmly believed "that their annexation to the United States would add one-fourth to the value of the produce of their farms." In dealing with the causes of discontent Lord Elgin came to exactly the same conclusion which, as I have just shown, was accepted by Lord Durham after a close study of the political and material conditions of the country. He completed the work of which his eminent predecessor had been able only to formulate the plan. By giving adequate scope to the practice of responsible government, he was able to remove all causes for irritation against the British government, and prevent annexationists from obtaining any sympathy from that body of American people who were always looking for an excuse for a movement—such a violent movement as suggested by Lord Elgin in the paragraph given above—which would force Canada into the states of the union. Having laid this foundation for a firm and popular government, he proceeded to remove the commercial embarrassment by giving a stimulus to Canadian trade by the repeal of the navigation laws, and the adoption of reciprocity with the United States. The results of his efforts were soon seen in the confidence which all nationalities and classes of the Canadian people felt in the working of their system of government, in the strengthening of the ties between the imperial state and the dependency, and in the decided stimulus given to the shipping and trade throughout the provinces of British North America.
I have already in the previous chapters of this book dwelt on the methods which Lord Elgin so successfully adopted to establish responsible government in accordance with the wishes of the Canadian people, and it is now only necessary to refer to his strenuous efforts during six years to obtain reciprocal trade between Canada and the United States. It was impossible at the outset of his negotiations to arouse any active interest among the politicians of the republic as long as they were unable to see that the proposed treaty would be to the advantage of their particular party or of the nation at large. No party in congress was ready to take it up as a political question and give it that impulse which could be best given by a strong partisan organization. The Canadian and British governments could not get up a "lobby" to press the matter in the ways peculiar to professional politicians, party managers, and great commercial or financial corporations. Mr. Hincks brought the powers of his persuasive tongue and ingenious intellect to bear on the politicians at Washington, but even he with all his commercial acuteness and financial knowledge was unable to accomplish anything. It was not until Lord Elgin himself went to the national capital and made use of his diplomatic tact and amenity of demeanour that a successful result was reached. No governor-general who ever visited the United States made so deep an impression on its statesmen and people as was made by Lord Elgin during this mission to Washington, and also in the course of the visits he paid to Boston and Portland where he spoke with great effect on several occasions. He won the confidence and esteem of statesmen and politicians by his urbanity, dignity, and capacity for business. He carried away his audiences by his exhibition of a high order of eloquence, which evoked the admiration of those who had been accustomed to hear Webster, Everett, Wendell, Philipps, Choate, and other noted masters of oratory in America.
He spoke at Portland after his success in negotiating the treaty, and was able to congratulate both Canada and the United States on the settlement of many questions which had too long alienated peoples who ought to be on the most friendly terms with each other. He was now near the close of his Canadian administration and was able to sum up the results of his labours. The discontent with which the people of the United States so often sympathized had been brought to an end "by granting to Canadians what they desired—the great principle of self-government" "The inhabitants of Canada at this moment," he went on to say, "exercise as much influence over their own destinies and government as do the people of the United States. This is the only cause of misunderstanding that ever existed; and this cannot arise when the circumstances which made them at variance have ceased to exist."
The treaty was signed on June 5th, 1854, by Lord Elgin on the part of Great Britain, and by the Honourable W.L. Marcy, secretary of state, on behalf of the United States, but it did not legally come into force until it had been formally ratified by the parliament of Great Britain, the congress of the United States, and the several legislatures of the British provinces. It exempted from customs duties on both sides of the line certain articles which were the growth and produce of the British colonies and of the United States—the principal being grain, flour, breadstuffs, animals, fresh, smoked, and salted meats, fish, lumber of all kinds, poultry, cotton, wool, hides, ores of metal, pitch, tar, ashes, flax, hemp, rice, and unmanufactured tobacco. The people of the United States and of the British provinces were given an equal right to navigate the St. Lawrence river, the Canadian canals and Lake Michigan. No export duty could be levied on lumber cut in Maine and passing down the St. John or other streams in New Brunswick. The most important question temporarily settled by the treaty was the fishery dispute which had been assuming a troublesome aspect for some years previously. The government at Washington then began to raise the issue that the three mile limit to which their fishermen could be confined should follow the sinuosities of the coasts, including bays; the object being to obtain access to the valuable mackerel fisheries of the Bay of Chaleurs and other waters claimed to be exclusively within the territorial jurisdiction of the maritime provinces. The imperial government generally sustained the contention of the provinces—a contention practically supported by the American authorities in the case of Delaware, Chesapeake, and other bays on the coasts of the United States—that the three mile limit should be measured from a line drawn from headland to headland of all bays, harbours, and creeks. In the case of the Bay of Fundy, however, the imperial government allowed a departure from this general principle when it was urged by the Washington government that one of its headlands was in the territory of the United States, and that it was an arm of the sea rather than a bay. The result was that foreign fishing vessels were shut out only from the bays on the coasts of Nova Scotia and New Brunswick within the Bay of Fundy. All these questions were, however, placed in abeyance, for twelve years, by the Reciprocity Treaty of 1854, which provided that the inhabitants of the United States could take fish of any kind, except shell fish, on the sea coasts, and shores, in the bays, harbours, and creeks of any British province, without any restriction as to distance, and had also permission to land on these coasts and shores for the purpose of drying their nets and curing their fish. The same privileges were extended to British citizens on the eastern sea coasts and shores of the United States, north of the 36th parallel of north latitude—privileges of no practical value to the people of British North America compared with those they gave up in their own prolific waters. The farmers of the agricultural west accepted with great satisfaction a treaty which gave their products free access to their natural market, but the fishermen and seamen of the maritime provinces, especially of Nova Scotia, were for some time dissatisfied with provisions which gave away their most valuable fisheries without adequate compensation, and at the same time refused them the privilege—a great advantage to a ship-building, ship-owning province—of the coasting trade of the United States on the same terms which were allowed to American and British vessels on the coasts of British North America. On the whole, however, the treaty eventually proved of benefit to all the provinces at a time when trade required just such a stimulus as it gave in the markets of the United States. The aggregate interchange of commodities between the two countries rose from an annual average of $14,230,763 in the years previous to 1854 to $33,492,754 gold currency, in the first year of its existence; to $42,944,754 gold currency, in the second year; to $50,339,770 gold currency in the third year; and to no less a sum than $84,070,955 at war prices, in the thirteenth year when it was terminated by the United States in accordance with the provision, which allowed either party to bring it to an end after a due notice of twelve months at the expiration of ten years or of any longer time it might remain in force. Not only was a large and remunerative trade secured between the United States and the provinces, but the social and friendly intercourse of the two countries necessarily increased with the expansion of commercial relations and the creation of common interests between them. Old antipathies and misunderstandings disappeared under the influence of conditions which brought these communities together and made each of them place a higher estimate on the other's good qualities. In short, the treaty in all respects fully realized the expectations of Lord Elgin in working so earnestly to bring it to a successful conclusion.
However, it pleased the politicians of the United States, in a moment of temper, to repeal a treaty which, during its existence, gave a balance in favour of the commercial and industrial interests of the republic, to the value of over $95,000,000 without taking into account the value of the provincial fisheries from which the fishermen of New England annually derived so large a profit. Temper, no doubt, had much to do with the action of the United States government at a time when it was irritated by the sympathy extended to the Confederate States by many persons in the provinces as well as in Great Britain—notably by Mr. Gladstone himself. No doubt it was thought that the repeal of the treaty would be a sort of punishment to the people of British North America. It was even felt—as much was actually said in congress—that the result of the sudden repeal of the treaty would be the growth of discontent among those classes in Canada who had begun to depend upon its continuance, and that sooner or later there would arise a cry for annexation with a country from which they could derive such large commercial advantages. Canadians now know that the results have been very different from those anticipated by statesmen and journalists on the other side of the border. Instead of starving Canada and forcing her into annexation, they have, by the repeal of the Reciprocity Treaty, and by their commercial policy ever since, materially helped to stimulate her self-reliance, increase her commerce with other countries, and make her largely a self-sustaining, independent country. Canadians depend on themselves—on a self-reliant, enterprising policy of trade—not on the favour or caprice of any particular nation. They are always quite prepared to have the most liberal commercial relations with the United States, but at the same time feel that a reciprocity treaty is no longer absolutely essential to their prosperity, and cannot under any circumstances have any particular effect on the political destiny of the Canadian confederation whose strength and unity are at length so well assured.
CHAPTER X
FAREWELL TO CANADA
Lord Elgin assumed the governor-generalship of Canada on January 30th, 1847, and gave place to Sir Edmund Head on December 19th, 1854. The address which he received from the Canadian legislature on the eve of his departure gave full expression to the golden opinions which he had succeeded in winning from the Canadian people during his able administration of nearly eight years. The passionate feeling which had been evoked during the crisis caused by the Rebellion Losses Bill had gradually given way to a true appreciation of the wisdom of the course that he had followed under such exceptionally trying circumstances, and to the general conviction that his strict observance of the true forms and methods of constitutional government had added strength and dignity to the political institutions of the country and placed Canada at last in the position of a semi-independent nation. The charm of his manner could never fail to captivate those who met him often in social life, while public men of all parties recognized his capacity for business, the sincerity of his convictions, and the absence of a spirit of intrigue in connection with the administration of public affairs and his relations with political parties. He received evidences on every side that he had won the confidence and respect and even affection of all nationalities, classes, and creeds in Canada. In the very city where he had been maltreated and his life itself endangered, he received manifestations of approval which were full compensation for the mental sufferings to which he was subject in that unhappy period of his life, when he proved so firm, courageous and far-sighted. In well chosen language—always characteristic of his public addresses—he spoke of the cordial reception he had met with, when he arrived a stranger in Montreal, of the beauty of its surroundings, of the kind attention with which its citizens had on more than one occasion listened to the advice he gave to their various associations, of the undaunted courage with which the merchants had promoted the construction of that great road which was so necessary to the industrial development of the province, of the patriotic energy which first gathered together such noble specimens of Canadian industry from all parts of the country, and had been the means of making the great World's Fair so serviceable to Canada; and then as he recalled the pleasing incidents of the past, there came to his mind a thought of the scenes of 1849, but the sole reference he allowed himself was this: "And I shall forget—but no, what I might have to forget is forgotten already, and therefore I cannot tell you what I shall forget."
The last speech which he delivered in the picturesque city of Quebec gave such eloquent expression to the feelings with which he left Canada, is such an admirable example of the oratory with which he so often charmed large assemblages, that I give it below in full for the perusal of Canadians of the present day who had not the advantage of hearing him in the prime of his life.
"I wish I could address you in such strains as I have sometimes employed on similar occasions—strains suited to a festive meeting; but I confess I have a weight on my heart and it is not in me to be merry. For the last time I stand before you in the official character which I have borne for nearly eight years. For the last time I am surrounded by a circle of friends with whom I have spent some of the most pleasant days of my life. For the last time I welcome you as my guests to this charming residence which I have been in the habit of calling my home.[23] I did not, I will frankly confess it, know what it would cost me to break this habit, until the period of my departure approached, and I began to feel that the great interests which have so long engrossed my attention and thoughts were passing out of my hands. I had a hint of what my feelings really were upon this point—a pretty broad hint too—one lovely morning in June last, when I returned to Quebec after my temporary absence in England, and landed in the coves below Spencerwood (because it was Sunday and I did not want to make a disturbance in the town), and when with the greetings of the old people in the coves who put their heads out of the windows as I passed along, and cried 'Welcome home again,' still ringing in my ears, I mounted the hill and drove through the avenue to the house door, I saw the drooping trees on the lawn, with every one of which I was so familiar, clothed in the tenderest green of spring, and the river beyond, calm and transparent as a mirror, and the ships fixed and motionless as statues on its surface, and the whole landscape bathed in that bright Canadian sun which so seldom pierces our murky atmosphere on the other side of the Atlantic. I began to think that persons were to be envied who were not forced by the necessities of their position to quit these engrossing interests and lovely scenes, for the purpose of proceeding to distant lands, but who are able to remain among them until they pass to that quiet corner of the garden of Mount Hermon, which juts into the river and commands a view of the city, the shipping, Point Levi, the Island of Orleans, and the range of the Laurentine; so that through the dim watches of that tranquil night which precedes the dawning of the eternal day, the majestic citadel of Quebec, with its noble tram of satellite hills, may seem to rest forever on the sight, and the low murmur of the waters of St. Lawrence, with the hum of busy life on their surface, to fall ceaselessly on the ear. I cannot bring myself to believe that the future has in store for me any interests which will fill the place of those I am now abandoning. But although I must henceforward be to you as a stranger, although my official connection with you and your interests will have become hi a few days matter of history, yet I trust that through some one channel or other, the tidings of your prosperity and progress may occasionally reach me; that I may hear from time to time of the steady growth and development of those principles of liberty and order, of manly independence in combination with respect for authority and law, of national life in harmony with British connection, which it has been my earnest endeavour, to the extent of my humble means of influence, to implant and to establish. I trust, too, that I shall hear that this House continues to be what I have ever sought to render it, a neutral territory, on which persons of opposite opinions, political and religious, may meet together in harmony and forget their differences for a season. And I have good hope that this will be the case for several reasons, and, among others, for one which I can barely allude to, for it might be an impertinence in me to dwell upon it But I think that without any breach of delicacy or decorum I may venture to say that many years ago, when I was much younger than I am now, and when we stood towards each other in a relation somewhat different from that which has recently subsisted between us, I learned to look up to Sir Edmund Head with respect, as a gentleman of the highest character, the greatest ability, and the most varied accomplishments and attainments. And now, ladies and gentlemen, I have only to add the sad word—Farewell. I drink this bumper to the health of you all, collectively and individually. I trust that I may hope to leave behind me some who will look back with feelings of kindly recollection to the period of our intercourse; some with whom I have been on terms of immediate official connection, whose worth and talents I have had the best means of appreciating, and who could bear witness at least, if they please to do so, to the spirit, intentions, and motives with which I have administered your affairs; some with whom I have been bound by the ties of personal regard. And if reciprocity be essential to enmity, then most assuredly I can leave behind me no enemies. I am aware that there must be persons in so large a society as this, who think that they have grievances to complain of, that due consideration has not in all cases been shown to them. Let them believe me, and they ought to believe me, for the testimony of a dying man is evidence, even in a court of justice, let them believe me, then, when I assure them, in this the last hour of my agony, that no such errors of omission or commission have been intentional on my part. Farewell, and God bless you." Before I proceed to review some features of his administration in Canada, to which it has not been possible to do adequate justice in previous chapters of this book, I must very briefly refer to the eminent services which he was able to perform for the empire before he closed his useful life amid the shadows of the Himalayas. On his return to England he took his seat in the House of Lords, but he gave very little attention to politics or legislation. On one occasion, however, he expressed a serious doubt as to the wisdom of sending to Canada large bodies of troops, which had come back from the Crimea, on the ground that such a proceeding might complicate the relations of the colony with the United States, and at the same time arrest its progress towards self-independence in all matters affecting its internal order and security.
This opinion was in unison with the sentiments which he had often expressed to the secretary of state during his term of office in America. While he always deprecated any hasty withdrawal of imperial troops from the dependency as likely at that time to imperil its connection with the mother country, he believed most thoroughly in educating Canadians gradually to understand the large measure of responsibility which attached to self-government. He was of opinion "that the system of relieving colonists altogether from the duty of self-defence must be attended with injurious effects upon themselves." "It checks," he continued, "the growth of national and manly morals. Men seldom think anything worth preserving for which they are never asked to make a sacrifice." His view was that, while it was desirable to remove imperial troops gradually and throw the responsibility of self-defence largely upon Canada, "the movement in that direction should be made with due caution." "The present"—he was writing to the secretary of state in 1848 when Canadian affairs were still in an unsatisfactory state—"is not a favourable moment for experiments. British statesmen, even secretaries of state, have got into the habit lately of talking of the maintenance of the connection between Great Britain and Canada with so much indifference, that a change of system in respect to military defence incautiously carried out, might be presumed by many to argue, on the part of the mother country, a disposition to prepare the way for separation." And he added three years later:
"If these communities are only truly attached to the connection and satisfied of its permanence (and as respects the latter point, opinions here will be much influenced by the tone of statesmen at home), elements of self-defence, not moral elements only, but material elements likewise, will spring up within them spontaneously as the product of movements from within, not of pressure from without. Two millions of people in a northern latitude can do a good deal in the way of helping themselves, when their hearts are in the right place."
Before two decades of years had passed away, the foresight of these suggestions was clearly shown. Canada had become a part of a British North American confederation, and with the development of its material resources, the growth of a national spirit of self-reliance, the new Dominion, thus formed, was able to relieve the parent state of the expenses of self-defence, and come to her aid many years later when her interests were threatened in South Africa. If Canada has been able to do all this, it has been owing to the growth of that spirit of self-reliance—of that principle of self-government—which Lord Elgin did his utmost to encourage. We can then well understand that Lord Elgin, in 1855, should have contemplated with some apprehension the prospect of largely increasing the Canadian garrisons at a time when Canadians were learning steadily and surely to cultivate the national habit of depending upon their own internal resources in their working out of the political institutions given them by England after years of agitation, and even suffering, as the history of the country until 1840 so clearly shows. It is also easy to understand that Lord Elgin should have regarded the scheme in contemplation as likely to create a feeling of doubt and suspicion as to the motives of the imperial government in the minds of the people of the United States. He recalled naturally his important visit to that country, where he had given eloquent expression, as the representative of the British Crown, to his sanguine hopes for the continuous amity of peoples allied to each other by so many ties of kindred and interest, and had also succeeded after infinite labour in negotiating a treaty so well calculated to create a common sympathy between Canada and the republic, and stimulate that friendly intercourse which would dispel many national prejudices and antagonisms which had unhappily arisen between these communities in the past. The people of the United States might well, he felt, see some inconsistency between such friendly sentiments and the sending of large military reinforcements to Canada.
In the spring of 1857 Lord Elgin accepted from Lord Palmerston a delicate mission to China at a very critical time when the affair of the lorcha "Arrow" had led to a serious rupture between that country and Great Britain. According to the British statement of the case, in October, 1856, the Chinese authorities at Canton seized the lorcha although it was registered as a British vessel, tore down the British flag from its masthead, and carried away the crew as prisoners. On the other hand the Chinese claimed that they had arrested the crew, who were subjects of the emperor, as pirates, that the British ownership had lapsed some time previously, and that there was no flag flying on the vessel at the time of its seizure. The British representatives in China gave no credence to these explanations but demanded not only a prompt apology but also the fulfilment of "long evaded treaty obligations." When these peremptory demands were not at once complied with, the British proceeded in a very summary manner to blow up Chinese forts, and commit other acts of war, although the Chinese only offered a passive resistance to these efforts to bring them to terms of abject submission. Lord Palmerston's government was condemned in the House of Commons for the violent measures which had been taken in China, but he refused to submit to a vote made up, as he satirically described it, "of a fortuitous concourse of atoms," and appealed to the country, which sustained him. While Lord Elgin was on his way to China, he heard the news of the great mutiny in India, and received a letter from Lord Canning, then governor-general, imploring him to send some assistance from the troops under his direction. He at once sent "instructions far and wide to turn the transports back and give Canning the benefit of the troops for the moment." It is impossible, say his contemporaries, to exaggerate the importance of the aid which he so promptly gave at the most critical time in the Indian situation. "Tell Lord Elgin," wrote Sir William Peel, the commander of the famous Naval Brigade at a later time, "that it was the Chinese expedition which relieved Lucknow, relieved Cawnpore, and fought the battle of December 6th." But this patriotic decision delayed somewhat the execution of Lord Elgin's mission to China. It was nearly four months after he had despatched the first Chinese contingent to the relief of the Indian authorities, that another body of troops arrived in China and he was able to proceed vigorously to execute the objects of his visit to the East. After a good deal of fighting and bullying, Chinese commissioners were induced in the summer of 1859 to consent to sign the Treaty of Tientsin, which gave permission to the Queen of Great Britain to appoint, if she should see fit, an ambassador who might reside permanently at Pekin, or visit it occasionally according to the pleasure of the British government, guaranteed protection to Protestants and Roman Catholics alike, allowed British subjects to travel to all parts of the empire, under passports signed by British consuls, established favourable conditions for the protection of trade by foreigners, and indemnified the British government for the losses that had been sustained at Canton and for the expenses of the war.
Lord Elgin then paid an official visit to Japan, where he was well received and succeeded in negotiating the Treaty of Yeddo, which was a decided advance on all previous arrangements with that country, and prepared the way for larger relations between it and England. On his return to bring the new treaty to a conclusion, he found that the commissioners who had gone to obtain their emperor's full consent to its provisions, seemed disposed to call into question some of the privileges which had been already conceded, and he was consequently forced to assume that peremptory tone which experience of the Chinese has shown can alone bring them to understand the full measure of their responsibilities in negotiations with a European power. However, he believed he had brought his mission to a successful close, and returned to England in the spring of 1859.
How little interest was taken in those days in Canadian affairs by British public men and people, is shown by some comments of Mr. Waldron on the incidents which signalized Lord Elgin's return from China. "When he returned in 1854 from the government of Canada," this writer naively admits, "there were comparatively few persons in England who knew anything of the great work he had done in the colony. But his brilliant successes in the East attracted public interest and gave currency to his reputation." He accepted the position of postmaster-general in the administration just formed by Lord Palmerston, and was elected Lord Rector of Glasgow; but he had hardly commenced to study the details of his office, and enjoy the amenities of the social life of Great Britain, when he was again called upon by the government to proceed to the East, where the situation was once more very critical. The duplicity of the Chinese in their dealings with foreigners had soon shown itself after his departure from China, and he was instructed to go back as Ambassador Extraordinary to that country, where a serious rupture had occurred between the English and Chinese while an expedition of the former was on its way to Pekin to obtain the formal ratification of the Treaty of Tientsin. The French government, which had been a party to that treaty, sent forces to coöperate with those of Great Britain in obtaining prompt satisfaction for an attack made by the Chinese troops on the British at the Peilo, the due ratification of the Treaty of Tientsin, and payment of an indemnity to the allies for the expenses of their military operations.
The punishment which the Chinese received for their bad faith and treachery was very complete. Yuen-ming-yuen, the emperor's summer palace, one of the glories of the empire, was levelled to the ground as a just retribution for treacherous and criminal acts committed by the creatures of the emperor at the very moment it was believed that the negotiations were peacefully terminated. Five days after the burning of the palace, the treaty was fully ratified between the emperor's brother and Lord Elgin, and full satisfaction obtained from the imperial authorities at Pekin for their shameless disregard of their solemn engagements. The manner in which the British ambassador discharged the onerous duties of his mission, met with the warm approval of Her Majesty's government and when he was once more in England he was offered by the prime minister the governor-generalship of India.
He accepted this great office with a full sense of the arduous responsibilities which it entailed upon him, and said good-bye to his friends with words which showed that he had a foreboding that he might never see them again—words which proved unhappily to be too true. He went to the discharge of his duties in India in that spirit of modesty which was always characteristic of him. "I succeeded," he said, "to a great man (Lord Canning) and a great war, with a humble task to be humbly discharged." His task was indeed humble compared with that which had to be performed by his eminent predecessors, notably by Earl Canning, who had established important reforms in the land tenure, won the confidence of the feudatories of the Crown, and reorganized the whole administration of India after the tremendous upheaval caused by the mutiny. Lord Elgin, on the other hand, was the first governor-general appointed directly by the Queen, and was now subject to the authority of the secretary of state for India. He could consequently exercise relatively little of the powers and responsibilities which made previous imperial representatives so potent in the conduct of Indian affairs. Indeed he had not been long in India before he was forced by the Indian secretary to reverse Lord Canning's wise measure for the sale of a fee-simple tenure with all its political as well as economic advantages. He was able, however, to carry out loyally the wise and equitable policy of his predecessor towards the feudatories of England with firmness and dignity and with good effect for the British government.[24]
In 1863 he decided on making a tour of the northern parts of India with the object of making himself personally acquainted with the people and affairs of the empire under his government. It was during this tour that he held a Durbar or Royal Court at Agra, which was remarkable even in India for the display of barbaric wealth and the assemblage of princes of royal descent. After reaching Simla his peaceful administration of Indian affairs was at last disturbed by the necessity—one quite clear to him—of repressing an outburst of certain Nahabee fanatics who dwelt in the upper valley of the Indus. He came to the conclusion that "the interests both of prudence and humanity would be best consulted by levelling a speedy and decisive blow at this embryo conspiracy." Having accordingly made the requisite arrangements for putting down promptly the trouble on the frontier and preventing the combination of the Mahommedan inhabitants in those regions against the government, he left Simla and traversed the upper valleys of the Beas, the Ravee, and the Chenali with the object of inspecting the tea plantations of that district and making inquiries as to the possibility of trade with Ladâk and China. Eventually, after a wearisome journey through a most picturesque region, he reached Dhurmsala—"the place of piety"—in the Kangra valley, where appeared the unmistakable symptoms of the fatal malady which soon caused his death.