CHAPTER VII

THE METCALFE CRISIS

HE newspapers of the early forties, adhering

THE

to the decorous traditions of the older school, knew nothing of the modern system of sensational headings and exaggerated type. But the news which, at the close of November, 1843, spread rapidly through the country, startled many of them into large capitals and abundant notes of exclamation. The LaFontaine- Baldwin ministry, with an unbroken majority behind it, had gone suddenly out of office! "Dismissed!" triumphantly shouted the Tories, and forthwith, without waiting for further details of what had happened, an exultant song of praise flowed from the pens of Conservative editors in laudation of the stout-hearted governor who had vindicated British loyalty against the treacheries of aliens and Radicals. "The news from

Canada," sang back in echo the New York Albion, "is of a right cheering character: the Franco-Radical cabinet has gone to the tomb of the Capulets amid the shouts of every loyal man in the province. The governor-general, Sir Charles Metcalfe, (and thrice honoured be his name!) has thrown off the incubus of a disloyal faction and the queen's representative stands redeemed and disenthralled."

But the ministry had not, as presently appeared, been dismissed; they had, with one exception only, handed in a collective resignation in protest against what they regarded as the unconstitutional conduct of the governor-general. This was at last the rupture which Metcalfe five months before had told Lord Stanley might "happen any day." The vexed question of the patronage and the governor's reservation of the Secret Societies Bill had led the cabinet to force the matter to an issue. It has been seen above that Metcalfe had resolved that the exercise of the right of appointment to office should not be removed from his hands. To this policy he had adhered. Several cases had already occurred in which the governor-general had offered, and even conferred, official positions without any consultation with his ministry. Among these was the important post of speaker of the legislative council,' which was offered successively, though without finding acceptance, to two members of the Conservative party. Finally toward the end of November, 1843, it reached the ears of the cabinet that a certain Mr. Powell, the son of Colonel Powell (also of the Conservative party) had been appointed by Sir Charles Metcalfe to be clerk of the peace for the Dalhousie district. The position, in and of itself, was no great affair. But the ministry, considering a principle of prime importance to be involved, decided to bring the matter to a final test.

The holder of this office under the Act of Union was nominated and removed by the governor-general (3 and 4 Vict. c. Section xxxv).

RESIGNATION OF THE CABINET

On November 24th Baldwin and LaFontaine called upon the governor-general and held with him a long colloquy which was renewed at a meeting of the executive council the next day. The two ministers, to use the words of Metcalfe's biographer, "pressed their demands with energy and resolution: but Metcalfe, in his own placid way, was equally energetic and resolute." On the day following (November 26th, 1843) the ministry resigned. As the course of action thus adopted and the crisis which followed constitute a turning point in the political history of Canada, and form the most important episode in the public career of the united leaders, it is well to follow in some detail the threads of the vexed controversy to which their resignation gave rise. At the instance of Sir Charles Metcalfe, LaFontaine drew up an official statement of the reasons of the resignation, which, together with a rejoinder by the governor-general, was duly laid before the Houses of parliament.1 The ministerial statement runs as follows:

"Mr. LaFontaine, in compliance with the request of the governor-general, and in behalf of himself and his late colleagues, who have felt it to be their duty to tender a resignation of office, states, for His

'These are to be found in the Journals of the Assembly and in all the newspapers of the day: they also appear in the pamphlet printed by H. W. Rowsell (Toronto, 1844) under the title Addresses presented to His Excellency the Rt. Hon. Sir Chas. T. Metcalfe, Bart. G. C.B. This document and other publications on the controversy appear in the Baldwin Pamphlets, 1844, now in the Toronto Public Library.

Excellency's information, the substance of the explanation which they purpose to offer in their places in parliament. They avowedly took office upon the principle of responsibility to the representatives of the people in parliament, and with a full recognition on their parts of the following resolutions introduced into the legislative assembly with the knowledge and sanction of Her Majesty's representative in this province, on September 3rd, 1841." (Here follows a citation of the resolutions given in Chapter IV. above.)

"They have lately understood that His Excellency took a widely different view of the position, duties, and responsibilities of the executive council, from that under which they accepted office, and through which they have been enabled to conduct the parliamentary business of the government, sustained by a large majority of the popular branch of the legislature.

"Had the difference of opinion between His Excellency and themselves, and, as they have reason to believe, between His Excellency and the parliament and people of Canada generally, been merely theoretical, the members of the late executive council might, and would, have felt it to be their duty to avoid any possibility of collision which might have a tendency to disturb the tranquil and amicable relations which apparently subsisted between the executive government and the provincial parliament. But the difference of opinion has led

STATEMENT OF LAFONTAINE

not merely to appointments to office against their advice, but to appointments, and proposals to make appointments, of which they were not informed in any manner, until all opportunity of offering advice respecting them had passed by, and to a determination on the part of His Excellency to reserve for the expression of Her Majesty's pleasure thereon a bill introduced into the provincial parliament with His Excellency's knowledge and consent as a government measure, without an opportunity being given to the members of the executive council to state the probability of such a reservation. They, therefore, felt themselves in the anomalous position of being, according to their own avowals and solemn public pledges, responsible for all the acts of the executive government and parliament, and at the same time not only without the opportunity of offering advice respecting these acts, but without the knowledge of their existence, until informed of them from private and unofficial sources.

"When the members of the late executive council offered their humble remonstrances to His Excellency on this condition of public affairs, His Excellency not only frankly explained the difference of opinion existing between him and the council, but stated that, from the time of his arrival in the country, he had observed an antagonism between him and them on the subject, and notwithstanding that the members of the council repeatedly and distinctly explained to His