transition to responsible government. In addition, students of colonial history and students of political thought can hardly regret the speech just quoted. In answer to it Joseph Howe of Nova Scotia wrote four letters which are not unworthy to stand by Durham's Report.1 They occupy a distinct place in political literature for their insight into the old colonial system, for their cogency of argument and their powerful logic, combined with the badinage of a native humour. Howe began by a series of questions: Was responsible government withheld from a suspicion of disloyalty? Colonial loyalty would bear examination. Was Lord Durham's remedy for the situation and discontent dangerous? There were no dangers. Did dependence in an empire imply constitutional inferiority? If so, why should a minority rule ? Would a majority be more disloyal' under their own government than under the continual irritation of an executive pleasing only to a small minority? Was the queen in danger because the citizens of London governed themselves? Would the lord mayor declare war on France? Would Canada do it ? He then proceeded to examine carefully Russell's objections to responsible government. The governors could be made responsible to the assembly as the ministers of the crown in England without any invasion of the crown's sovereignty. If they received unconstitutional advice, what then? Might not this occur in England? Suppose a typical governor made mayor of Liverpool, with all the present bag and baggage of dispatches, instructions, and all the present method of government as known in the North American provinces, he must be an angel of light indeed if he does not throw the good city of Liverpool into confusion'. What would be the answer to such a result? The mayor' could blame some one else— could throw the responsibility on the colonial office'. 'No form of government could well be devised more ridiculous.' The mayor's officials-the executive-would be much more 1 Kennedy, op. cit., pp. 480 ff. 6 6 irresponsible. Howe followed Durham's division of jurisdictions. The questions involved were those of local, not imperial concern. No governor could constitutionally allow interference in foreign affairs, and a declaration of war would only be the act of madmen. If there were difficulties in connexion with trade or commerce, irresponsible government had failed to solve them. Russell might ask what is proposed. Howe replied that foreign affairs, control of the naval and military forces, colonial trade with Great Britain, and that general supervision analogous to that over an incorporate town would be left to the imperial parliament. The colonial secretary's duties must become those of mere oversight. The governors, who on their arrival were like ignorant 'overgrown schoolboys', must in future find themselves surrounded by 'schoolmasters' who had the confidence of the colony which they were supposed to govern wisely, and not by those who only represented themselves, or a minority, or the whims of their excellencies' predecessors. The governors would then 'do no wrong in any matter of which the colonial legislature had the right to judge'. Under responsible government Papineau and Mackenzie might never have existed as rebels; perhaps they might have developed into constructive statesmen. [AUTHORITIES.-The standard edition of Durham's Report is Sir Charles Lucas, Lord Durham's Report (3 vols., Oxford, 1912). The notes and introduction are invaluable. A careful analysis of Durham's work in Canada and of his conclusions is in F. Bradshaw, Self-government in Canada (London, n.d.). The most important of his dispatches are in Egerton and Grant, Canadian Constitutional Development (Toronto, 1907), and Kennedy, Documents of the Canadian Constitution, 1759-1915 (Oxford, 1918); see also British Parliamentary Papers, 1839, vol. xxxii. The State Papers are in Canadian Archives, Series G, vols. xxxviii-xli; Series Q. 246. 1-Q. 247. For the Maritime Provinces, the State Papers are in the Canadian Archives and are in process of reconstruction. J. A. Chisholm, The Speeches and Public Letters of Joseph He (2 vols., Halifax, 1909), is essential. G. M. Grant, Joseph Howe (Halifax, 1904), and W. L. Grant, The Tribune of Nova Scotia: A Chronicle of Joseph He (Toronto, 1915), are valuable, and the latter is very suggestive and written with great insight. J. Hannay, Wilmot and Tilley (Toronto, 1907), is useful. Valuable documentary material is in Canada Sessional Papers, 1883, No. 70; House of Commons Papers, Nova Scotia, &c., August 1839, No. 579.] CHAPTER XIII LORD SYDENHAM'S COLONIAL SYSTEM LORD DURHAM's insistence on the reunion of the Canadas produced an immediate effect. The British government decided to carry out his suggestion at once and a bill was introduced in June 1839 for that purpose. Opposition was strong, however, in Upper Canada, and the house of assembly, while approving of the plan, laid down conditions which the imperial parliament could not accept.1 The measure was therefore postponed until the new governor-general, Charles Poulett Thomson, afterwards Baron Sydenham of Sydenham and Toronto, had gone to Canada and made a full report on the provinces. Thomson was a civilian who had had a wide financial and business experience, and he brought to his work a nervous energy and a tenacity of purpose which surprised men who were intimately acquainted with him. A liberal in politics, he had the entire confidence of Lord John Russell, and the combination in colonial administration tided Canada over one of the most difficult periods in its history and, as the issues proved, laid permanent foundations for constitutional development. Thomson landed at Quebec on October 19, 1839, and at once began his work, which may be considered as twofold. First it was his duty to gain Canadian adherence to the imperial proposal, and secondly he was to deal with a constitutional principle which would inevitably crop up-the problem of responsible government'. His instructions covering these main duties and lesser subjects 1 Cf. Kennedy, op. cit., p. 531, and see G. Poulett Scrope, Memoir of the Life of the Right Honourable Charles, Lord Sydenham, with a Narrative of his Administration in Canada, p. 152 (second ed., London, 1844). were contained in three dispatches from Lord John Russell.1 He was to promote a legislative union of the two provinces -a just regard to the claims of either province in adjusting the terms of that union-the maintenance of the three estates of the provincial legislature the settlement of a permanent civil list for securing the independence of the judges, and to the executive government that freedom of action which is necessary for the public good-and the establishment of a system of local government by representative bodies freely elected in the various cities and rural districts'. In order to carry the assembly of Upper Canada he was, if necessary, to dissolve it and appeal to the good sense of the inhabitants. On the subject of responsible government Russell's instructions disclose the fact that he had continued to grapple with the problem. He felt that such a constitutional principle could not be reduced to the form of a positive enactment, but he counselled a course which was a distinct advance: The importance of maintaining the utmost possible harmony between the policy of the legislature and of the executive government admits of no question, and it will of course be your anxious endeavour to call to your councils and to employ in the public service those persons who, by their position and character, have obtained the general confidence and esteem of the inhabitants of the province.' On the other hand, he could not see the way clear towards the establishment of full cabinet government: if we seek to apply such a practice to a colony we shall at once find ourselves at fault. The power for which a minister is responsible in England is not his own power, but the power of the crown, of which he is for the time the organ. It is obvious that the executive councillor of a colony is in a situation totally different. The governor under whom he serves received his orders from the crown of England. But can the colonial council be the advisers of the crown of 1 Russell to Thomson, September 7, October 14, 16, 1839, Kennedy, op. cit., pp. 516 ff. CHAPTER XIII LORD SYDENHAM'S COLONIAL SYSTEM LORD DURHAM's insistence on the reunion of the Canadas produced an immediate effect. The British government decided to carry out his suggestion at once and a bill was introduced in June 1839 for that purpose. Opposition was strong, however, in Upper Canada, and the house of assembly, while approving of the plan, laid down conditions which the imperial parliament could not accept.1 The measure was therefore postponed until the new governor-general, Charles Poulett Thomson, afterwards Baron Sydenham of Sydenham and Toronto, had gone to Canada and made a full report on the provinces. Thomson was a civilian who had had a wide financial and business experience, and he brought to his work a nervous energy and a tenacity of purpose which surprised men who were intimately acquainted with him. A liberal in politics, he had the entire confidence of Lord John Russell, and the combination in colonial administration tided Canada over one of the most difficult periods in its history and, as the issues proved, laid permanent foundations for constitutional development. Thomson landed at Quebec on October 19, 1839, and at once began his work, which may be considered as twofold. First it was his duty to gain Canadian adherence to the imperial proposal, and secondly he was to deal with a constitutional principle which would inevitably crop up the problem of 'responsible government'. His instructions covering these main duties and lesser subjects 1 Cf. Kennedy, op. cit., p. 531, and see G. Poulett Scrope, Memoir of the Life of the Right Honourable Charles, Lord Sydenham, with a Narrative of his Administration in Canada, p. 152 (second ed., London, 1844). |