CCHA, Report,
14 (1946), 47-62
O’Connell and La
Fontaine:
Two National Leaders in an Age of Reform
By
D. J. McDOUGALL
A century
ago, within the year which ended in January, 1848, two events occurred which
are of some interest to students of Canadian and Catholic history. The first
was the death, on May 16, 1847, of Daniel O’Connell, the man to whom, more than
to any other individual, was owing the triumph of the Catholic Association in
1828, which broke the power of organised Toryism and opened the way for the
far-reaching reforms that followed, in Great Britain and throughout the Empire,
during the next two decades. The second was the formation, in January, 1848, of
a liberal and a responsible ministry in Canada, under the combined leadership
of Robert Baldwin and Louis La Fontaine. It was the first ministry of the kind
in Canadian history, the first in which the principle of “responsible
government,” as elaborated by Baldwin a dozen years before1 was clearly understood and fully accepted by all
those engaged in the transaction.
Its
appointment was one of the most significant events in the history of the
British Empire. It marked the end of that period of conflict and uncertainty
which began with the rebellion of 1837, and which included the suspension of
the constitution in Lower Canada, the appointment of Lord Durham to investigate
the affairs of the provinces, the publication of the famous Report, and the
union of the Canadas under the Act of 1840. It put an end also to the obsolete
system of colonial dependency, which, in Canada as elsewhere, had been the
cause of endless dispute and difficulty; and it laid the foundations of a new
relationship between Great Britain and the overseas communities, which has
altered the whole character of the Empire, and given the world an example of
the voluntary association of free peoples that has no parallel in history.
That was a
great achievement, and nothing about it is more impressive than the simple and
peaceful manner in which it was effected. There was of course some serious
opposition. The doctrine of responsible government, even when hedged about by
the reservations and securities which Lord Durham provided, ran directly
counter to the prevailing theories of imperial sovereignty. It violated all the
established canons on the relationship between a metropolitan power and a
colonial dependency; and it was not to be expected that conservative opinion
either in Canada or in Great Britain, would accept it without question. Many
were honestly convinced that the adoption of such a system would lead at once
to the disruption of the Empire. Many more were equally certain that it would
deprive them of the perquisites of office which they had long enjoyed, and
which they had come to regard as belonging to them almost by a species of
divine right. Elaborate and ingenious devices were attempted by the Colonial
Office and its agents in Canada to secure the advantage of popular support
without committing the British government to acceptance of the principle. The
lamentations of Canadian Tories were loud and long; and on occasions,
especially during the election contests of these years, their opposition was
not limited to verbal protests. Yet the change was effected without serious
incident; and considering the magnitude of the issue involved, it was completed
in a remarkably short time. Less than a decade elapsed between the publication
of Lord Durham’s Report and the establishment of a system of government which
placed effective authority in the hands of men chosen by, and responsible to
the Canadian people themselves.
To attempt
to explain all the circumstances which led to this evolution would carry us far
beyond the scope of this paper. It will be evident however, that exceptionally
favourable conditions must have existed to enable the transition to be made so
quickly and so peacefully. The traditional interpretation, still favoured by
many English historians,2 that the change was due almost solely to the genius
of Lord Durham is clearly inadequate. His advocacy of the principle of
responsible government, which he took almost in its entirety from the
memorandum submitted to him by Robert Baldwin, was no doubt a valuable aid. It
helped to popularise the idea, and it probably did something to lessen official
opposition in Great Britain; but the importance of his contribution has been
and continues to be greatly exaggerated. The settlement which placed a
French-Canadian at the administration of the united provinces in 1848 was about
as remote from the solution which Lord Durham adumbrated as anything well could
be.
The movement
was powerfully aided by contemporary changes in the political and economic life
of Great Britain; in particular, by the adoption of free trade and the
consequent abandonment of the old mercantile idea of empire, under which the
colonies had developed in earlier centuries.3 It was aided too, by the indifference of most public
men in Great Britain as to the fate of the colonies. Radical writers, deriving
their ideas in part from an earlier generation of French thinkers, demanded
complete emancipation of the colonies. The new industrialists, who were
beginning to exercice a powerful influence on British policy, saw no need of
retaining authority over distant and backward communities from which the mother
country derived no direct economic benefit, and which annually cost the British
tax-payer a substantial sum. And most public men, whatever their party
affiliations, fell in with the prevailing ideas and adopted an attitude of
indifference. They were prepared to retain the connection, or to allow the
colonies to go their several ways.4 Their one anxiety in respect to the Canadian
provinces was lest they should fall under the rule of the United States, and so
strengthen a power with which British relations at that time were not so
friendly as could be desired. But they were far from intransigeant in opposing
a change which gave to the Canadian people and their elected representatives
the powers required to deal with their own problems.
Under these conditions the task of the
Canadian reformers was less difficult than it would have been at any other
time; but favourable conditions would not in themselves have ensured success.
Beyond that there was required the positive statesmanship of such men as
Baldwin, Hincks and La Fontaine; and no one of these played a more important or
decisive part than the distinguished French-Canadian lawyer who led his people
out of the morass into which they had been plunged in 1838, and guided them
with vision, firmness and moderation to the place which they attained a decade
later.
Twenty years
earlier, under very different circunstances, Daniel O’Connell had led the
Catholic people of Ireland to an equally important, and in some respects, an
even more striking victory over the forces of intolerance and reaction; and by
so doing had helped to create the conditions which enabled the Canadian
reformers to accomplish their purpose. It is not customary to consider these
two events as in any way related to one another. Catholic Emancipation has
usually been regarded as a matter of domestic policy within the United Kingdom,
involving a question of religious liberty, and affecting in some ways the
character of British rule in Ireland. That it had any bearing on contemporary
developments in other parts of the Empire has seldom been suggested. Yet the
connection between events in Ireland and those in Canada, if not direct and
obvious, was not entirely negligible. Whatever view be taken of O’Connell and
his peculiar methods, he has some claim to be included among the men who helped
to re-fashion the institutions of the British Empire during these years.
To
contemporaries in Great Britain and in Europe, the triumph of O’Connell and the
Catholic Association far exceeded in importance the grant of a measure of
self-government to a remote and obscure dependency in North America. No one
could then forsee the consequences that would follow from this simple change in
the government of Canada. But the results of the change in Ireland were evident
in the altered relationship between the Irish people and their rulers at
Westminster, and in the extraordinary position which O’Connell had created for
himself; and for a time Ireland became the object of profound interest to
scholars and public men from many parts of the continent. The Germain traveller
Frederick Kohl, the French scholars Montalambert and de Beaumont, and the
Italian statesman Cavour, each in turn journeyed to Ireland in the years following
O’Connell's triumph, to study the curious situation, and to offer advice, each
according to his predilections, on the course which should be adopted. Their
interest is understandable; for the winning of Catholic Emancipation in the
particular way in which it was won meant something more than a victory over
intolerance and the repeal of a number of ancient statutes imposing political
disabilities because of religious beliefs. It involved a profound change in the
form and spirit of English government, a change whose consequences extended far
beyond the limits of the United Kingdom.
O’Connell himself, writing to a friend
immediately after George IV, in a towering rage, had yielded to the inevitable
and signed the Emancipation Act, declared that, “It is one of the greatest
triumphs recorded in history, a bloodless revolution, more extensive in its
operations than any other political change that could have taken place.”5 There was some pardonable exaggeration in the
statement; but O’Connell did not greatly err in his estimate. Probably no
political change that could have been carried out in the United Kingdom at that
time would have produced more immediate or more decisive consequences than this
victory of a despised and outcast people over all that was regarded as
respectable in the three kingdoms. The change brought less material benefit to
the mass of the Irish people than was predicted by the Liberator in some of his
wilder outbursts; and O’Connell failed to obtain his more important objective,
– the repeal of the Union, and the establishment in Ireland of a constitution
under which the Irish people could evolve for themselves a form of
self-government similar in principle to that being worked out in Canada. But
for all that the results, in the United Kingdom and throughout the Empire, were
of the highest importance; and like the results attending the establishment of
responsible government in Canada, they derived as much from the manner in
which the change was effected as from the substance of the change.
II
Since 1801,
when Georges III refused to allow Pitt and his fellow ministers to introduce
the Catholic relief bill which they had planned as a part of the Union settlement,
the English monarch had assumed a degree of personal authority over this
question which, in any other circumstances, would probably have aroused
strongest opposition. The King’s victory on that occasion was more complete
than even he could have anticipated. Not only did he frustrate the plans of his
councillors and force the resignation of the ablest and most popular minister
who had held office during the reign; he secured from that minister a pledge to
surrender his own judgment on this question to that of the King and an offer
to withdraw his resignation and return to office on the King's terms.6
Nothing could have more definitely confirmed the King’s claim to choose his own
ministers and to exercise final authority over the policies which they might
adopt;7 and for a generation the power thus acquired, or
confirmed, was jealously guarded by George III and his successor.
It was
recognised by all liberal statesmen, and by many whose liberalism was at best
rather doubtful, that the repeal of the remaining penal statutes and the admission
of the mass of the Irish people to the full rights of citizenship was an
essential condition of any real union of the two kingdoms. That would not in
itself have removed all the difficulties, nor would it have ensured to Ireland
the peace and prosperity so confidently predicted by the authors of the Union.
But without it the Act of 1800 would remain a mere constitutional arrangement,
transferring a few score Protestant land-owners from the defunct parliament of
Dublin to the more dignified assembly at Westminster, and leaving everything
else very much as it had been. Without it there could be little hope of ending
that internal division in Ireland, which had been deliberately created in the
past, but which was now recognised by all competent observers as one of the
root causes of the many evils from which the country suffered. It was with a
view to ending these conditions that Pitt attempted, in a rather half-hearted
manner, to induce George III to allow him to complete his work in 1801, and to
make of the Union something more than a mere legal adjustment.8 It
was with a similar object that Fox introduced the first Catholic petition to
the House of Commons in 1805, and pleaded with all his great ability for the
rights of his fellow-citizens, regardless of religious distinctions.9 And
it was for the purpose of ending these distinctions that Grattan, Plunkett,
Colonel Hutchison and other liberal Irish members, deeply concerned for the
welfare of their country, attempted, year after year, to persuade their
fellow-members to settle this question, and to ensure to both countries the
benefits which union might have conferred.
Any measure
designed to settle the question in a manner acceptable to the Irish Catholics
would have encountered strong popular opposition in Great Britain. How easily
the latent prejudice of the English people on this subject could be roused to
dangerous heights was demonstrated by the “No Popery” campaign during the
elections of 1807, a campaign that was launched with the approval of the King
himself, and of Perceval, Eldon, Portland and other ministers. But under the
existing electoral system public opinion counted for very little; and it can
scarcely be doubted that a measure introduced by the ministers of the Crown to
settle this question and put the relations between Great Britain and Ireland on
a more orderly and rational basis, would have obtained the required majorities
in both houses of parliament. Only two administrations during these years, that
headed by Lord Grenville in 1806, and that headed by Mr. Canning in 1827, were
composed of men whose principles might have led them to adopt such a policy.
But no ministry, whatever the personal views of its members, was at liberty to
touch this question. The final authority rested with the monarch; and aspirants
to office were not left in doubt on that point.
When Pitt
was recalled to office in the midst of a grave national crisis in 1804, Georges
III took unusual steps to guard against any possible revival of the
dangerously liberal policy of his former minister. The pledge voluntarily given
by Pitt in 1801 was not considered sufficient. His recent opposition to
Addington and his desire to include. Grenville, Fox and other Whigs in a
national government to meet a national emergency rendered him suspect and a
fresh guarantee was required. Not only did the King virtually dictate the
composition of the new administration; he demanded and obtained from the
incoming Prime Minister a written pledge that he would himself refrain from
bringing the Catholic question to His Majesty’s notice, and that he would
oppose any alteration in the existing laws proposed by others. There is perhaps
no instance in modern English history of so complete a surrender by the head of
an administration on an issue of such importance to the government of the whole
country.
Three years
later, when the King’s fears were again awakened, a similar pledge was demanded
of Lord Grenville and Whig ministers; and when they declined to give it,
asserting that their duty as privy councillors required them to advise His
Majesty freely and according to their best judgment, they were instantly
dismissed from office. The circumstance was subsequently debated in the House
of Lords; and although Lord Erskine, one of the greatest lawyers of the period,
declared that such action by the King struck at the basis of the constitution,
the majority of their lordships concurred in the view of Lord Aberdeen that,
since “the opinions of the King on these points were known to be immutable,” it
was natural that he should demand such assurances from his ministers “that they
would so far allow his feelings and conscience to remain undisturbed.”10
That George
III was honestly convinced that the admission of Catholics to seats in
parliament and executive offices in the state would destroy the “Protestant
Constitution” which he had sworn to defend is not open to question; and in the
circumstances, the readiness of public men to respect his feelings can be
understood. With the accession of George IV the situation was altered. The
record of his earlier life hardly warranted the same respect for professed
conscientious scruples; and the Duke of Wellington was probably right when he
declared that the new King cared nothing for the question as a matter of
conscience, and that his only concern was to use it to gain personal
popularity.11 Whatever his motives may have been, his stand against
any concession was no less obdurate than that of his father; and he took every
occasion that offered to make his views known as widely as possible. Early in
his reign he issued a statement to the Marquis of Londonderry, which he desired
should be made known “openly, broadly and distinctly,” that, having taken the
Coronation Oath, he was “forever a Protestant King, a Protestant upholder, a
Protestant adherent”; and he added that “no power on earth will ever shake me
on that subject.”12
To many
people in Great Britain and Ireland, in particular to Tory politicians, eager
to avail themselves of any aid in resisting change, this flamboyant declaration
was no doubt highly acceptable. But events were making it difficult for the
King to maintain such a position. The first of these was the increasing success
of O'Connell’s efforts to organise the Catholic people of Ireland to bring
direct pressure to bear on the parliament and government of the United Kingdom
to settle this question. Of the earlier attempts of O’Connell and other
Catholic leaders to achieve that object by more orderly and peaceful methods;
of the all but insuperable difficulties which he encountered in the ignorance,
timidity and inertia of so many of his countrymen; of his numerous battles with
the authorities of Dublin Castle; of the skill and ingenuity with which he
frustrated every attempt to break up the organisations which he was creating;
of his disputes, often bitter and acrimonious, with his ecclesiastical
superiors, over the question of the “veto” to be granted to the Crown on
episcopal appointments; of these, and of many other aspects of the question,
nothing need here be said. It is sufficient to say that by the early years of
George IV’s reign, the Catholic Association was becoming a power to be reckoned
with; and that the Association was in very large measure the creation of this
one man, who insisted, despite the opposition of so many of the wealthier and
more influential of his co-religionists, that emancipation must be “free,
complete and unqualified.”
O’Connell’s
methods did not commend themselves to all Irish Catholics. Dr. Curtis,
Archbishop of Armagh and Primate of the church in Ireland, wrote to his friend
the Duke of Wellington in 1825, that the Association was made up, for the most
part, of persons of little consequence that the more respectable among clergy
and laity took no part in its proceedings; and that it was dominated by a few
lawyers and demagogues who made use of it for their own purposes.13 The
Primate’s analysis of composition of the Association at that time was probably
not incorrect. It was not until its later success that it attracted many
adherents among the propertied classes and the higher clergy; and even in 1828,
a strong distaste for O’Connell’s tumultuous form of popular agitation kept
many aloof.14 The opinion on the motives of the leaders was that of
a prelate who owed his position in some measure to the influence of Wellington and
Castlereagh, and it is perhaps a little lacking in insight and in justice.
A second
development creating difficulties for George IV was the steady growth of
opinion in the House of Commons in favour of a conciliatory settlement. The
readiness of so many members to yield to the known sentiments of the King in
the earlier years of the century was less evident after the withdrawal of
George III from active participation in government; and following the general
election of 1812, there was always a substantial minority, and not infrequently
a majority in favour of concession.15 The solid phalanx of reactionary Toryism was breaking
on this issue. The Whigs, after years of futile groping, were coalescing into a
genuine party, united on the principle of religious liberty and the removal of
political disabilities from the Catholics and Protestant Dissenters; and their
strength was being augmented by the steady growth of radical opinion in the
years following Waterloo. The majority were not disposed to accept O’Connell’s
view of emancipation without conditions. To the bills passed in several
sessions during these years some form of “security” was usually attached, which
were acceptable to the older Catholic leaders, but with which O’Connell and the
Association refused to concur. This division of opinion between the advocates
of emancipation militated against the success of the movement; and it was, in
any case, impossible to carry a measure through the House of Lords without the
concurrence of the ministry and the Crown. But it was obviously becoming more
difficult to maintain the old position that, at no time and under no
circumstances, could the barriers against the King’s Roman Catholic subjects
be let down.
The effect
of these changing conditions was seen in 1827, when, on the retirement of Lord
Liverpool, who had long been the most uncompromising opponent of emancipation,
the King was obliged to choose Mr. Canning as his prime minister. Through the
whole of his public career Canning had been a consistent, if somewhat qualified
supporter of the Catholic claims; and on that ground Peel and other Tories
refused to serve under him.16 In reality, Canning’s position hardly differed from
that of his predecessor. Neither he nor his fellow ministers could be prevented
from expressing their opinions; but they were instructed that, in speaking or
voting on the Catholic question, they must make it plain that they did so as
private members, and not as ministers of the Crown.17 It
was feared however, that the appointment of a “Catholic” to the highest office
in the state might encourage the belief that the King’s opinions had undergone
a chance; and to obviate that danger George IV issued a statement of Canterbury
for circulation throughout the country, explaining that his sentiments were
unaltered, and that he continued in his unyielding opposition to any change in
the existing laws. From Dublin the Lord Chancellor of Ireland wrote of the
relief and satisfaction produced by this declaration. “I think it very
important,” he said, “that those sentiments should be known here, not only to
remove the doubts from the minds of some of the Protestant supporters of the
King’s government, but to obviate the expectation that has been erroneously
raised and circulated of this change in the Cabinet having arisen from an
alteration in His Majesty’s opinion on this important subject.18 In
all essentials the situation remained the same, when, a few months later, the
opportunity arose for O’Connell to carry out his dramatic coup.
III.
An
aristocratic chronicler, writing a few years later, described the election in
County Clare, in which O’Connell was returned to a seat in the House of Commons
as an amusing episode which helped to enliven a dull year in politics.19 The
Duke of Wellington, who was obliged to accept the consequences, and to find a
solution for a problem that could no longer be evaded, regarded it as anything
but amusing. He had come into office a few months earlier, following the death
of Canning and the failure of his successor to form a stable administration;
and his appointment was regarded, with some reason, as a return to the old
die-hard Toryism, of which the country had had about enough. In reality his
cabinet was divided on the Catholic question. Their position was exactly
similar to that of Canning and his colleagues. But the more prominent members
of the new government, Peel, Lyndhurst and the Duke himself, were notorious for
their unwavering opposition to the Catholic claims. The Catholic Association,
not entirely with O’Connell’s approval, had already announced their intention
of opposing any candidate who supported Wellington’s government;20 and
their strength among the Irish forty shilling free-holders had been
demonstrated in one or two of the country elections in 1826. Yet Wellington and
Peel were apparently oblivious of the danger.
A minor
disagreement within the cabinet led to the resignation of one of its members,
and Wellington at once appointed M. Vesey Fitzgerald, the sitting member for
County Clare, to fill the vacant post. In accordance with existing electoral
laws Fitzgerald was obliged to resign his seat in the House of Commons and
return to his constituency for re-election. That provided the Association with
its opportunity. At first some effort was made to find a Protestant gentleman
possessed of the necessary qualifications, to stand against the ministerial
candidate. Had that effort succeeded, the Association would at best have caused
a temporary inconvenience to Wellington’s government, and they would have
merely added one more Catholic supporter to the House of Commons. But the
attempt failed. Fitzgerald was personally popular with all classes in his
native county, and no one of his co-religionists could be found to oppose him.
It was only then, and not without serious misgivings, that O’Connell determined
to risk the venture and to offer himself as a candidate.
The election
which followed, in July 1828, was one of the most astonishing and of the most
important in all parliamentary history. The story has been told again and
again, not always with the sobriety and detachment which historical
investigation requires; and there is no need to repeat it here. Its immediate
and obvious consequence was the legislation of April, 1829, which altered the
oaths and tests hitherto imposed, and admitted Catholics to seats in both
houses of parliament and to all but a few of the more important executive
offices in the governments of Great Britain and Ireland, and in the armed
services. The concession was not made willingly; and it was accompanied by acts
suppressing the Catholic Association,21 and disfranchising the forty shilling freeholders,
who had so signally demonstrated their unfitness for political rights by
refusing to exercise their franchise in the manner dictated by their landlords.
Wellington and Peel frankly acknowledged that they yielded to necessity; and
not a little of the benefit which might have resulted from the settlement was
sacrificed by the ungracious and vindictive spirit in which it was carried out.
The indirect
results, less frequently noticed by historians were not less important. The
triumph of O’Connell and the Association had a decisive and a permanent effect
on the position and powers – of the monarch himself. Even after the Clare
election, George IV was determined to make no concession. He was indeed,
prepared to go far beyond all form of resistance previously attempted. In a
conversation with Wellington sometime during the summer he proposed to dissolve
the present parliament, to require of all candidates in the ensuing election a
pledge of opposition to any change.22 A quarter of a century earlier his father had been
content to bind the prime minister by such.a pledge. To have
attempted in 1828 to exact a like surrender of their freedom of action from the
elected members of the House of Commons would probably have precipitated
something like a revolution; and it took some plain speaking on Wellington’s
part to convince the King of the folly and futility of such an undertaking.
His Majesty was informed, not only that his present ministers would have
nothing to do with such an arrangement, but that no ministers could be found,
“who could conduct the government of this country with satisfaction to the
public, whose principles would allow of their adopting such a measure.”
In any
event, as Wellington had previously pointed out, dissolution was out of the
question. Throughout a large part of Ireland the authority of the King’s
government was practically suspended. It was impossible for His Majesty to
confer the honour of a peerage upon an Irish gentleman, “because the government
cannot in prudence incur the risk” of a disturbance of the public peace which
might ensue, a disturbance “which was avoided in Clare only by the prudence or
the fears of the demagogues of the Catholic Association.” And other
prerogatives were rendered equally nugatory. “His Majesty,” said the Duke in
one of his numerous memoranda, “cannot appoint the member of an Irish county to
an office, and still less can he dissolve his Parliament.”23 The
Clare election was a manifest warning; and Wellington, still something of a
realist despite long association with Lord Eldon and his school of politicians,
did not fail to read the lesson. It is evident, he reported to the King, “that
throughout Ireland, a perfect system of organisation has been established by
means of the Roman Catholic clergy.” The direction of affairs, he added “is in
the hands of the demagogues of the Roman Catholic Association and their power
over all ranks of their co-religionists is unbounded.” In the circumstances a
general election, even if it could be risked, would provide no solution for the
problem.
Nor would
the merely repressive measures which the King desired, and in which his
ministers were not unwilling to concur, have been of any avail. “It’s quite
obvious,” said the Duke, “that those who conduct the affairs of the Roman
Catholics in Ireland do not propose to commit any breach of the peace, or other
act which could occasion a conflict with your Majesty’s troops.”24
Wellington was not averse from stern action through the medium of the law
courts. “I am for prosecuting every one who can be prosecuted,” be declared in
a dispatch to the Lord-Lieutenant. But there were few who could be prosecuted.
O’Connell’s campaign, for all its clamour and excitement had been conducted in
a strictly constitutional manner. The election had been carried out without a
single breach of the peace; and, apart from a good deal of parading and
flaunting of banners, in which both parties in Ireland engaged rather freely,
the agitators were guilty of no offense which brought them within the scope of
the law. Violence was feared, and additional troops were sent to Ireland; but
their services were not required. O’Connell was in complete control of the
situation, and he was too experienced a campaigner to ruin his cause when
victory was almost within his grasp by any action which would give a handle to
his enemies.
Probably the
great majority of people in England concurred in the King’s desire to suppress
the Association, to disfranchise the forty shilling freeholders, and to adopt
any other measures required to break the power of the “demagogues” and put an
end to this Irish nuisance. The ministry would gladly have adopted such a
course; but Wellington was convinced that the House of Commons would sanction
no measures which did not include provisions for a conciliatory settlement of
the whole Catholic question. “There is no remedy for this state of things,” he
declared, “excepting by means of a consideration of the whole state of
Ireland. On no other ground will Parliament adopt what is necessary to be
done.”25 Sooner or later, he added, “we must come to this same
resolution.... whether without a contest or after a contest,” after a contest
which will involve “great suffering, misery and distress,” but from which no
positive results can be expected. “None of the evils in Ireland,” he said in a
later dispatch, “can be remedied by the positive enactment of law. The public
look to some arrangement of the Roman Catholic question to be proposed by the
government.”26
“The public”
in this context did not of course include the mass of the English people. But
it did include the House of Commons. That was the public whose demands the
ministers were now obliged to heed, whether or not they agreed with the
publicly expressed opinions of the monarch. Wellington pointed out that in the
previous session the House had carried a motion in favour of concession to the
Catholics by a small majority. He believed that the number who would now support
such a course was substantially increased, and that in any new house that
could be formed, that number would be still further augmented. With Ireland
trembling on the verge of civil war, and with the prospect of increasing
majorities in the House of Commons in favour of concession, Wellington and Peel
realised that further resistance was futile and dangerous. The King was more
difficult to convince; and months of wearisome reiteration were required before
the realities of the situation penetrated his obstinate mind. But in the end he
was forced to yield to the inevitable, and to accept, however reluctantly, the
plan prepared by his ministers, – a plan which Wellington believed would “put
the Roman Catholic affairs of the Empire on a better footing than at any time
since the Reformation, and through which the state would acquire strength.” The
prediction was justified, at least in part. The state did acquire new strength,
but in ways that were probably not foreseen by the Duke.
The effect
of these events on the development of self-government in Great Britain and in
the overseas colonies has not generally received much consideration. Yet it was
far from negligible. It was the first important instance in which the sovereign
and his ministers were constrained to accept the policy favoured by a majority
in the House of Commons; the first in which it was impossible to circumvent
opposition to royal and ministerial policy by a dissolution of parliament and
an election, conducted under conditions which would ensure a majority ready to
concur with the King’s wishes. The degree of control exercised by the King over
the policy and personnel of his government had varied somewhat during the
preceding century. At no time was it so complete; at no time was it defined in
such precise terms as it was over this question of Catholic Emancipation in the
early nineteenth century. And the defeat in 1829 received added significance
from wide publicity that had been deliberately given to the King’s sentiments
for the purpose of winning popular support.
Almost
without exception, Tory politicians in these years accepted the King’s claim to
impose his own conditions respecting this question. Wellington himself
explained the terms under which he and his predecessors held office. “As the
King's servant,” he declared, “I, equally with all those whom His Majesty has
had in his service since the year 1810, am bound not to act in this question as
the King's minister.”27 The conditions were clearly understood by all. But
the Duke was the last Prime Minister in English history who held office on such
terms. The King’s power to impose such conditions ended in 1829. Neither the
Crown, nor the Tory party ever recovered from this defeat. Their day of power
was, in any event, drawing to a close. The industrial development of the period
had already undermined the old order, and had created, or was creating a
society in which this eighteenth-century form of monarchical and aristocratic
government was out of place. But it might have endured for some time. The King
might long have preserved some part of the power which George IV and his
predecessor had so carefully guarded, but for O'Connell’s campaign and the
decisive victory in which it ended.
Wellington's
government limped through its ineffectual career for another eighteen months,
vainly striving to disregard the growing clamour for a drastic reform of the
whole electoral system. But in November, 1830, after a provocative statement by
the Duke on this question, they were obliged to resign. Their successors took
office under conditions totally different from those which had prevailed during
the preceding thirty years. Lord Grey, the leader of a partially rejuvenated
Whig party, demanded and received from the King an assurance that he would be
permitted to carry the measure of parliamentary reform demanded by a large
section of the public and of the House of Commons; and in the struggle for this
first Reform Bill, which occupied the greater part of the next two years, the
new principles of government were firmly established and generally recognised.
Regardless of his personal wishes, the King was obliged henceforth to accept as
his ministers the men who were prepared to carry out the policy favoured by a
majority of the members of the House of Commons. That was an essential
preliminary to the constitutional reforms carried out in Canada a few years
later. Indeed, until a genuine system of responsible government had been
established and fully recognised in Great Britain, it was hardly possible for
the Canadian reformers to propose such a solution for their particular problem.
IV.
Two years
before O’Connell's death an admiring countryman, who was destined to play a
distinguished part in the history of Canada, wrote of the mighty concourse of
people who would be assembled, if all those who had benefited from his hero’s
endeavours could be brought together.28 The author, who was perhaps more of a poet than a
historian, was inclined to give free rein to his imagination, and attribute to
the work of the Liberator’s rather more than a sober appraisal of the facts
would warrant. But there was some reason for including Canada's “grateful
reformers” in the imagined assembly. Their task was greatly facilitated by the
changes in Great Britain to which O’Connell’s victory had given a powerful
impetus. When they began their campaign for responsible government a few years
after the passage of the Reform Act, they did so under conditions far more
favourable than had ever before existed; and it required but a few years to
complete the process and to solve a problem as old as the British Empire
itself.
The outcome
was not precisely that which Lord Durham had anticipated. In the actual
working out of the process, the course of events was determined less by the
recommendations of the Report than by the realistic statesmanship of Baldwin
and La Fontaine. For neither was it a simple task; but for the French-Canadian
leader, especially after the passage of the Act of Union in 1840, the situation
was one of exceptional difficulty. Lord Durham’s Report is rightly remembered
for the passage dealing with the establishment of responsible government in the
colonies; but it may easily be forgotten that this formed but a small part of
the whole. It was preceded by a longer section, and one which the author
probably regarded as more important, outlining the conditions which he had
discovered in Lower Canada and prescribing his particular remedy. The
prescription was simple; and if the recommendations of the Report were taken
literally, the future offered no very pleasant prospect for La Fontaine and his
compatriots.
There were obvious and striking differences
between the positions of O’Connell and La Fontaine, between the tasks which
leadership imposed upon them in their respective spheres, and between the
methods which they adopted to secure their ends. Yet the two had some things in
common. Each was the leader of a conquered people, whose racial, religions and
cultural traditions set them apart from the main stream of Anglo-Saxon
development. The results of conquest in the case of the French-Canadians had
been immeasurably more fortunate than in that of the Irish. They had been
subjected to none of the proscription, oppression and persecution which had
been the lot of the Irish since the sixteenth century. But they were a people
from whom, in the minds of their conquerors, very little was to be expected,
one whose destiny should, in the best interests of all concerned, be determined
by the more vigorous and progressive race to which they had become subject.
Lord Durham
was impressed with many of the admirable qualities of the French-Canadian
people; but he had neither patience nor sympathy with their desire to preserve
a culture and a social-system so different from, and, in his judgment, so
plainly inferior to those of their English rulers. Without seriously
investigating the question, he assumed the disloyalty of the great mass of the
French-Canadians; and his conclusion was accepted in England almost as a
self-evident proposition. Under the new order their religious freedom was to be
safeguarded, and the planned subordination to the British community in America
was to be effected as gently as possible. But they were to be effectually
barred from the exercise of political power. No British colony in America,
whatever its racial composition, should again be permitted to fall under the
rule of men of French extraction. The union of the two provinces in 1840 was
the first step in the process of subordination and assimilation. Its purpose
was frankly avowed. On that ground it received the support of large majorities
in both houses of the Imperial Parliament; and even so liberal as statesman as
Charles Buller saw nothing but benefit for the French-Canadians in the proposed
arrangement. O’Connell was one of the few members in either house who opposed
union itself and the inequitable provisions which it contained.
For La
Fontaine this situation presented a problem of the utmost gravity.29 Although he had been a follower of Papineau in the
old assembly of Lower Canada, he was essentially a moderate and a realist. His
legal training, strengthening his natural caution, kept him always within the
limits of constitutional procedure. He recognized the danger and futility of
the policy of resistance à outrance, which some of the more ardent spirits
among his countrymen were prepared to adopt. But under the conditions created
by the union, constitutional procedure seemed to offer little hope. The very
purpose of the Act was to undermine and eventually destroy the racial and
cultural identity which the French-Canadian people were determined to preserve;
and some of the measures adopted by Lord Sydenham during the inaugural period
in 1841 left little doubt of his intention to execute that purpose to the
letter. Yet it was in this period that La Fontaine, persuaded by the Upper
Canadian reformers, determined to enter the union, and to collaborate with
Baldwin and his followers to force the establishment of responsible government,
and to secure the repeal or amendment of those provisions of the union which
pressed most severely on the French-Canadians.30
The alliance
thus formed was the most successful venture of the kind in Canadian history;
and not a little of its success must be attributed to the courage and skill
with which La Fontaine played his part in the contest which followed. The
spirit in which he entered the alliance was expressed in a statement to his
constituents in 1841. “Il est de l’intérêt des réformistes des deux provinces
de se rencontrer sur le terrain législatif dans un esprit de paix, d’union,
d’amitié et de fraternité.” It was of interest to more than the reformers of
the two provinces. The achievements of that alliance went far to determine the
course of Canadian history, and the effects of what was then accomplished have
not been confined to this country. Little difficulty was experienced in
removing the objectionable features of the union, and regaining for the
French-Canadians a position of equality with their fellow-citizens. The real
object. however, was the winning of responsible government, the firm
establishment of a system which would give to the Canadian people of both races
what La Fontaine called “that control upon government to which they have a just
claim.”
In the struggle that followed it was soon
evident that the French members held the key to the situation. Their opponents
were constrained to admit that, if the authority of the governor were to be
maintained and the dangerous designs of the reformers frustrated, the support
of these members, or of a substantial number of them was necessary. But that
support was precisely what the governor could not obtain, except on the one
condition of conceding the full measure of responsible government. Under La
Fontaine’s leadership, acting always in collaboration with the Upper Canadian
reformers, they remained steadfast to the purpose. Again and again, when others
seemed to waver, their determination provided the rock upon which the forces of
opposition broke. Their course was vindicated by the election of 1847; and when
Lord Elgin accepted the result of that election, and entrusted formation of a
responsible ministry to Baldwin and La Fontaine, the controversy was ended, and
a memorable page had been written into the history of the Empire.
It was a timely settlement. In November, 1848, at the close of a year that had witnessed political and social revolution in almost every country in Europe, Lord Elgin wrote that “but for this settlement, we should before now have been ignominiously expelled from Canada, or our relations with the United States would be in a most precarious position.” That Great Britain and the Empire passed through that year of revolution with only the most trifling disturbances must be attributed in some measure to the far-reaching reforms of the preceding twenty years. This great reform movement, which swept away so many of the accretions of centuries and renovated the institutions of government throughout the Empire, was the work of many men of all classes and parties. Among those whose labours helped to give it direction, and to lay foundations upon which later ages could build, O’Connell and La Fontaine were not the least important.
1W. P. M. Kennedy, Statutes, Treaties and Documents
of the Canadian Constitution, 1713 to 1929. Toronto, 1930, 335.
2Lord Elton, The Imperial Commonwealth. London,
1945, 285; R. Coupland, The Durham Report. Oxford, 1945, Introduction,
LI.
3A. R. M. Lower, Colony to Nation.
Toronto, 1946, 260
4R. L
Schuyler, The Climax of Anti-Imperialism in England. Political and
Science Quarterly, XXXVI., 539. C. A. Bodelsen, Studies in Mid-Victorian
Imperialism. London, 1924, Chs. 1 and 2.
5Quoted, Michael
McDonagh, The Life of Daniel O’Connel. London, 1903, 184.
6D. J.
McDougall, George III., Pitt and the Irish Catholics, 1801 to 1805. Catholic
Historical Review, XXXI., 261.
7D. G.
Barnes, George III. and William Pitt. Stanford, 1939, Ch. 10.
8Earl
Stanhope, Life of the Rt. Hon. William Pitt. London, 1862, III.,
Appendix, VIII to XII.
9Hansard, Parliamentary
Debates, First Series, IV., 844 to 852.
10Ibid.,
Second Series, IX., 353 and 358.
11The
Formation of Canning’s Ministry, edited
by Arthur Aspinall. London, 1937, Introduction, XXXIV.
12Dispatches,
Correspondance and Memoranda of the Duke of Wellington, edited by his Son. London, 1867 to 1880, III., 633.
13Ibid.,
II., 273.
14Sir
James O’Connor, whose dislike of O’Connell’s methods is evident throughout his
narrative of these events, has collected many adverse opinions of
contemporaries. History of Ireland, 1798 to 1924, London, 1925, 1., 257
ff.
15Memoirs of the Rt. Hon. Sir
Robert Peel, edited by Mahon and Cardwell. London, 1857, I., 288 to 293.
16Wellington, op. cit. III., 644
to 645.
17Ibid.,
III., 656. April 23, 1827.
18The
Letters of Georges IV., edited by A. Aspinall. Cambridge, 1938, III., 222.
19Memoirs of the Court of King
George IV., edited by the Duke of Buckingham. London, 1859, 11.,.374.
20McDonagh,
op. cit., 150.
21The
leaders had anticipated this move and had dissolved the Association a few weeks
before the Act was passed.
22Wellington, op. cit., V., 135.
23Ibid.,
IV 567. Aug. 14, 1828.
24Ibid., V. 135. Cf. also, C. S. Parker, Sir
Robert Peel. II., 55.
25Wellington,
op. cit., V., 136 ff.
26Ibid.
27Ibid.,
V., 92 and 93.
28Thomas D’Arcv McGee,
O’Connell and his Friends. Boston, 1845, 5.
29For this account of La Fontaine’s work I am indebted
to an unpublished thesis by Rev. V. Jensen, S.J., La Fontaine and the Canadian
Union, submitted for the degree of M.A. in the University of Toronto, 1942.
30C. Martin, Empire
and Commonwealth. Oxford, 1929, 258-261