LITMIR.BIZ

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of those who had not. On inquiring how they were to distinguish, they were officially answered that in making out the classification 'it was not His Excellency's intention that they should be guided by any other description of evidence than that furnished by the sentences of the Courts of Law.' It was also intimated to them that they were only intended to form a 'general estimate' of the rebellion losses, 'the particulars of which must form the subject of more minute inquiry hereafter under legislative authority.'

      In obedience to these instructions, the Commissioners made their investigations, and reported that they had recognised, as worthy of further inquiry, claims representing a sum total of 241,965_l_. 10_s_. 5_d_., but they added an expression of opinion that the losses suffered would be found, on closer examination, not to exceed the value of 100,000_l_.

      This Report was rendered in April 1846; but though Lord Metcalfe's Ministry which had issued the Commission, avowedly as preliminary to a subsequent and more minute inquiry, remained in office for nearly two years longer, they took no steps towards carrying out their declared intentions.

      So the matter stood in March 1848, when, as has been already stated, a new administration was formed, consisting mainly of persons whose political sympathies were with Lower Canada. It was natural that they should take up the work left half done by their predecessors; and early in 1849 they introduced a Bill which was destined to become notorious under the name of the 'Rebellion Losses Bill.' The preamble of it declared that in order to redeem the pledge already given to parties in Lower Canada, it was necessary and just that the particulars of such losses as were not yet satisfied, should form the subject of more minute inquiry under legislative authority; and that the same, so far only as they might have arisen from the 'total or partial unjust or wanton destruction' of property, should be paid and satisfied. A proviso was added that no person who had been convicted, or pleaded guilty, of treason during the rebellion should be entitled to any indemnity for losses sustained in connection with it. The Bill itself authorised the appointment of Commissioners for the purpose of the Act, and the appropriation of 90,000_l_. to the payment of claims that might arise under it; following in this respect the opinion expressed by Lord Metcalfe's preliminary Commission of enquiry.

      [Sidenote: Excitement respecting it.]

      Such was the measure—so clearly inevitable in its direction, so modest in its proportions—which, falling on an inflamed state of the public mind in Canada, and misunderstood in England, was the occasion of riot and nearly of rebellion in the Province, and exposed the Governor-General, who sanctioned it, to severe censure on the part of many whose opinion he most valued at home. His own feelings on its introduction, his opinion of its merits, and his reasons for the course which he pursued in dealing with it, cannot be better stated than in his own words. Writing to Lord Grey on March 1, he says:—

      A good deal of excitement and bad feeling has been stirred in the province by the introduction of a measure by the Ministry for the payment of certain rebellion losses in Lower Canada. I trust that it will soon subside, and that no enduring mischief will ensue from it, but the Opposition leaders have taken advantage of the circumstances to work upon the feelings of old Loyalists as opposed to Rebels, of British as opposed to French, and of Upper Canadians as opposed to Lower; and thus to provoke from various parts of the province the expression of not very temperate or measured discontent. I am occasionally rated in not very courteous language, and peremptorily required to dissolve the Parliament which was elected only one year ago, under the auspices of this same clamorous Opposition, who were then in power. The measure itself is not indeed altogether free from objection, and I very much regret that an addition should be made to our debt for such an object at this time. Nevertheless, I must say I do not see how my present Government could have taken any other course in this matter than that which they have followed. Their predecessors had already gone more than half-way in the same direction, though they had stopped short, and now tell us that they never intended to go farther. If the Ministry had failed to complete the work of alleged justice to Lower Canada which had been commenced by the former Administration, M. Papineau would most assuredly have availed himself of the plea to undermine their influence in this section of the province. The debates in Parliament on this question have been acrimonious and lengthy, but M. Lafontaine's resolutions were finally passed by a majority of fifty to twenty-two.

      Dissensions of this class place in strong relief the passions and tendencies which render the endurance of the political system which we have established here, and of the connection with the mother-country, uncertain and precarious. They elicit a manifestation of antipathy between races and of jealousy between the recently united provinces, which is much to be regretted. This measure of indemnity to Lower Canada is, however, the last of the kind, and if it be once settled satisfactorily, a formidable stumblingblock will have been removed from my path.

      A fortnight later he adds:—

      The Tory party are doing what they can by menace, intimidation, and appeals to passion to drive me to a coup d'État. And yet the very measure which is at this moment the occasion of so loud an outcry, is nothing more than a strict logical following out of their own acts. It is difficult to conceive what the address on the subject of rebellion losses in Lower Canada, unanimously voted by the House of Assembly while Lord Metcalfe was governor and Mr. Draper minister, and the proceedings of the Administration upon that address could have been meant to lead to, if not to such a measure as the present Government have introduced.

      I enclose a letter which has been published in the newspapers by A. M. Masson, one of the Bermuda exiles,[1] who was appointed to an office by the late Government. This person will be excluded from compensation by the Bill of the present Government, and he positively asserts that Lord Metcalfe and some of his Ministers assured him that he would be included by them.

      I certainly regret that this agitation should have been stirred, and that any portion of the funds of the province should be diverted now from much more useful purposes to make good losses sustained by individuals in the rebellion. But I have no doubt whatsoever that a great deal of property was wantonly and cruelly destroyed at that time in Lower Canada. Nor do I think that this Government, after what their predecessors had done, and with Papineau in the rear, could have helped taking up this question. Neither do I think that their measure would have been less objectionable, but very much the reverse, if, after the lapse of eleven years, and the proclamation of a general amnesty, it had been so framed as to attach the stigma of Rebellion to others than those regularly convicted before the Courts. Any kind of extra-judicial inquisition conducted at this time of day by Commissioners appointed by the Government, with the view of ascertaining what part this or that claimant for indemnity may have taken in 1837 and 1838, would have been attended by consequences much to be regretted, and have opened the door to an infinite amount of jobbing, false swearing, and detraction.

      [Sidenote: Petitions against it.]

       [Sidenote: Neutrality of the Governor.]

      Petitions against the measure were got up by the Tories in all parts of the province; but these, instead of being sent to the Assembly, or to the Legislative Council, or to the Home Government, were almost all addressed to Lord Elgin personally; obviously with the design of producing a collision between him and his Parliament. They generally prayed either that Parliament might be dissolved, or that the Bill, if it passed, might be reserved for the royal sanction. All such addresses, and the remonstrances brought to him by deputations of malcontents, he received with civility, promising to bestow on them his best consideration, but studiously avoiding the expression of any opinion on the points in controversy. By thus maintaining a strictly constitutional position, he foiled that section of the agitators who calculated on his being frightened or made angry, while he left a door open for any who might have candour enough to admit that after all he was only carrying out fairly the principle of responsible government.

      In pursuance of this policy he put off to the latest moment any decision as to the course which he should take with respect to the Bill when it came up to him for his sanction. As regards a dissolution, indeed, he felt from the beginning that it would be sheer folly, attended by no small risk. Was he to have recourse to this ultima ratio, merely because a parliament elected a year before, under the auspices of the party now in opposition, had passed, by a majority of nearly two to one, a measure introduced by the present Government,

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