fell into doubtful and intriguing hands. To give it real force and life one strong simple cry should have come from the hearts of the people, and this cry was wanting. Altogether the issues were very complicated in the St. Lawrence Valley Provinces and the Maritime Provinces. One influence was constantly found to counteract another in some unexpected way, and so it is not to be wondered at that some should interpret the rebellion as a class, and perhaps semi-religious, contest rather than a race-conflict. The constitutional dead-lock, however, was tolerably clear to those who looked beneath the surface. All colonists, whether in the two Canadas, and especially in Upper Canada, or Nova Scotia, or New Brunswick, were fighting out a constitutional question, side by side. Other influences of course were at work, but the main desire of all was to be freed of the burden of Executive Councils, nominated at home and kept in office with or without the wish of the people. In Upper Canada, William Lyon Mackenzie, and in Lower Canada, Louis Papineau and Dr. Wolfred Nelson, agitated for independence.

(15) The first disturbance occurred in the streets of Montreal on November 6th, 1837. Warrants were issued for the arrest of the leaders, but they escaped, and Papineau fled to the United States. In December about 400 rebels gathered near Toronto, and endeavoured to gain possession by night of the arms which were stored in the City Hall; but the alarm bells were rung, and their attempts were frustrated. As the rising spread, Sir Allan McNab hastened to Toronto, and at the head of the loyal militia defeated the rebels in a pitched battle with heavy loss. Mackenzie was outlawed, and $1000 offered for his head. This leader of the insurrection had taken possession of Navy Island in the Niagara River, and held it with a force of 1000 men, who termed themselves the Patriot Army and boasted of a flag with two

stars, one for each of the Canadas. Mackenzie issued a Proclamation declaring Canada a Republic. In Lower Canada the rebels, with the aid of adventurers from the United States, boldy proclaimed their independence. The rebellion lasted through the year 1838, but it was destined to come to a speedy termination. On all sides the insurgents were crushed, jails were filled with their leaders, and 180 were sentenced to be hanged. Some of them were executed and some were banished to Van Dieman's Land, while others were pardoned on account of their youth. But there was a great revulsion of feeling in England, and, after a few years, pardons were extended to almost all. Even Papineau and Mackenzie, the leaders of the rebellion, were allowed to come back, and, strange to say, both were elected to seats in the Canadian Assembly. 'As the Canadian rebellion differed in all respects from the American war of independence, so was the impassioned, prejudiced and imprudent Louis J. Papineau the antipodes of the sober, impartial and prudent George Washington. One loved himself, the other loved his country. The Canadian advocate, whose battles had ever been of words, regardless of his countrymen, desired to raise himself to supreme power in the state: the American soldier, who had faced many a danger by flood and field, sought only the happiness of his countrymen. Papineau appeared to be formed by nature for the eloquent agitator, but not for the wise and prudent legislator-to act upon the passions and prejudices of his ignorant and unreflecting countrymen, not to make them happier,. wiser or better. In height he was of the middle size, with features of a Hebrew cast; whilst his large dark eyebrows shaded, in a higher arch than common, keen, lustrous eyes, quick and penetrating. Deeply read in general literature, familiar with the old Canadian lore of Hennepin, Charlevoix, and the other learned Jesuit

Fathers, who had written of La Nouvelle France in bygone days, he appealed to all the feelings and prejudices of his countrymen with irresistible effect, and carried them captive by the force of his oratorical and conversational powers.'

CHAPTER XVII.

Lord Durham's Report.

(1) ONE of the most important documents ever written on colonial affairs was the Report sent in by Lord Durham on the state of Canada in 1838. He was a distinguished Liberal statesman, and his object was to conciliate the colonists and to adopt a mild course. He held great powers from the Crown, and was invested with the double office of Governor-General and High Commissioner. This is part of his proclamation:-' People of British America, I beg you to consider me as a friend, and as an arbitrator ready at all times to listen to your wishes, complaints and grievances, and fully determined to act with the utmost impartiality. If you, on your side, will abjure all party and sectarian animosities, and unite with me in the blessed work of peace and harmony, I feel assured that I can lay the foundation of such a system of government as will protect the rights and interests of all classes, allay all dissensions, and permanently establish, under Divine Providence, the

wealth, greatness and prosperity of which such inexhaustible elements are to be found in these fertile lands.' Although Lord Durham did not remain long in the country he examined most fully into the prevalent abuses, especially those connected with the sale of Crown lands and the treatment of political prisoners. On the subject of the general political situation he was very emphatic. He wrote in his Report that 'in each and every Province the Representatives were in hostility to the policy of the Government, and the administration of public affairs was permanently in the hands of a ministry not in harmony with the popular branch of the Legislature.' Amongst other suggestions Lord Durham recommended (1) a Federal union of all the Provinces, (2) an inter-colonial Railway, and (3) an Executive Council responsible to the Assembly. The members of the 'Family Compact' of Upper Canada strongly opposed his scheme, especially that part which related to the union of the Provinces ; but public opinion at home was greatly in favour of it, and, as the Family Compact prided themselves upon their loyalty, their motives for resistance were partly taken away.

(2) The British Government sent out the Hon. C. P. Thompson, Lord Sydenham, to carry the union scheme, and it came into effect on February 10th, 1841. The Bill provided for the union of the two Provinces under the name of the Province of Canada, with one Legislative Council and one Legislative Assembly. The members of the former were not to be fewer than twenty, to be appointed by the Crown for life: those of the Lower House were to be elective, forty-two being sent by each Province. The sum of £75,000 was to be granted annually for the working expenses of government, and the control of all the revenues was granted to the Assembly. The Executive Council was to be composed

of eight members who should be responsible to the Assembly. Everything, therefore, for which the Assemblies had fought during some years past was conceded, with the exception of elective Legislative Councils. This was a great advance upon the Constitutional Act of 1791. The will of the Assemblies could now be expressed fully and clearly through their officers, and legislation could be carried on in harmony with the majority. It was still felt that the Legislative Council might baulk and check legislation by throwing out measures already passed in the Lower House; but the main outworks were carried by the reformers and the chief difficulties removed.

(3) It was many years, however, before the liberties given were actually enjoyed to the full. The will of the Canadian people on local matters had sought and won expression through its proper channel; but the will of the Governor, and behind him the Legislative Council, appointed by the Governor, and the Crown of England itself, might still strongly sway Canadian politics. As a matter of fact, they did so for many years, and Lord Elgin's (1847) excuses for it were, that the long-standing quarrels between the Executive and the Assemblies, the struggle amongst the Canadians themselves on such burning questions as the abolition of Clergy Reserves, of seigneural tenures and of feudal rights. and duties in the Lower Province, had rendered a too sudden withdrawal of imperial influence inadvisable, if not impossible. It is not easy in any country to alter at a blow, and by the mere passing of a Constitutional act, the position of the governing classes. In our own political history it is evident that reforms, which involve a change of political power, are very slow and gradual. So in Canada, even after responsible government was conceded, it was partially suppressed and kept under cover of the will of the Crown.