CHAPTER XXXVIII.
1843.
Episode in the Case of Hon. Marshall S. Bidwell.
As mentioned in Chapter xxiv., page 188, an effort was made in 1843 to induce Hon. M. S. Bidwell to return to Canada. Copies of the correspondence on the subject were enclosed to Dr. Ryerson, by the Hon.
Robert Baldwin, in a letter dated Kingston, 5th June, 1843, as follows:--
I enclose you copies of letters which I am sure will afford you much pleasure. At present this communication of them must be confidential, as you will see by their date that they have not yet reached their object himself. But after the warm interest you have taken in the cause of my friend, at a time when any interference on my part would have been worse than useless, I feel it due to you to make you early acquainted with what has taken place. I have seen, with much pleasure, that you have carried out the intention you hinted to me when I last had the pleasure of seeing you at Kingston. Your admirable letter must have had a good effect. I see that some little popguns were let off at you on the occasion, but they are too puny to excite anything but a smile at their imbecility.
I regret much my inability to have been present at your last annual examination, but hope to be more fortunate another year.
The Hon. Robert Baldwin's letter to Mr. Bidwell, enclosed to Dr.
Ryerson, dated Kingston, 2nd June, 1843, was as follows:--
I have great pleasure in being able to transmit to you a copy of a note addressed by me to His Excellency the Governor-General, with a copy of that of Mr. Secretary Harrison, conveying His Excellency's reply, which, I am happy, so distinctly removes every obstacle to your return to what has been in all essentials your native country; and that without the descent on your part, by even a single step, from the high ground which you have always maintained in relation to your unjust expatriation.
I will at present only stop to assure you of the sentiments of unabated affection and respect with which you have ever continued to be regarded in this country, during the whole period of your exile, and to express my conviction of the satisfaction with which your return will be hailed by all your former friends, and by many even of your former political opponents--in which satisfaction, I trust, I need scarcely add that no one will more sincerely participate than myself.
The following is a copy of Mr. Baldwin's note to Sir Charles Metcalfe, the Governor-General, dated 25th May:--
Mr. Robert Baldwin, having been informed by Mr. Secretary Harrison that with reference to the case of Mr. Bidwell, which Mr. Baldwin had the honour of bringing under the notice of the Governor-General shortly after his assumption of the Government, His Excellency only requires a request to be made to him as a foundation for his directing that the pledge taken from that gentleman, in his departure from Upper Canada, should be cancelled, and giving His Excellency's sanction for the introduction into Parliament of a Bill to restore to Mr. Bidwell the political rights of which his residence abroad, under pressure of that pledge, has deprived him, Mr. Baldwin respectfully begs leave to make that request.
The letter in reply, of Mr. Secretary Harrison to Hon. Robert Baldwin, dated 29th May, was as follows:--
I am commanded by the Governor-General to inform you, in reply to your note of the 25th inst., that His Excellency considers it right that whatever pledge may have been given by Mr. Bidwell on his departure from Upper Canada, to preclude his return, should be cancelled. The letter of that gentleman to the then Lieutenant-Governor, Sir Francis Bond Head, supposed to contain such a pledge, is not to be found in the archives of the Secretary's office. I am, therefore, directed to say that the pledge is considered as cancelled, and that the letter, if ever found, may be returned.
I am also further desired to acquaint you that in the event of Mr.
Bidwell's proposing to return, His Excellency will give his sanction to the introduction into Parliament of a Bill to restore to that gentleman the political rights of which his residence abroad, under pressure of his pledge, deprived him.
On the 14th August, 1843, Hon. Robert Baldwin wrote the following letter to Dr. Ryerson:--
I send you a copy of a letter from our friend, Mr. Bidwell, in answer to my letters to him. The original I have sent up to my father, but had a copy made for you, knowing the interest you have ever taken in his case.
Hon. M. S. Bidwell's letter to Hon. Robert Baldwin, dated New York, 31st July, 1843, was as follows:--
I hardly know how to commence my answer to your letter after so long a delay which has been unintentional and unexpected, and in a great measure unavoidable. I might, indeed, and ought to have written to you when I first received it, but I then hoped it would be in my power to make you a short visit in compliance with your invitation. On this point I was kept in suspense by the state of Mrs. Bidwell's health, and was besides very laboriously occupied with indispensable professional engagements. With this frank explanation I throw myself upon your indulgence to pardon my delay.
Never, my dear friend, for one moment have I doubted your kind and friendly feelings, or your anxiety that I should be treated with justice and liberality by the Government, and I have never ceased to be gratified that I was honoured with the friendship of one whose wishes and talents have, for many years, commanded my respect. Amidst the dejection of spirits and perplexity of mind that I have suffered, this consideration has afforded me great consolation.
Your communication has now taken me by surprise. You will add to your former obligations if you will make suitable acknowledgements for me to His Excellency for the answer which, by his directions, Mr. Secretary Harrison returned to your letter.
All that I have learned of Sir Charles Metcalfe's character and measures has filled me with the highest respect, and with a confidence that Canada will be governed by him with wisdom, justice, and liberality. Loving that country, this confidence has been a source of great joy to me.
Let me add that, in my judgment, Sir Robert Peel in all his measures, since his last appointment has shown a wise moderation and conciliatory spirit, and an anxious desire for the true welfare of the vast Empire beneath the sway of Her Majesty's sceptre.
I would gladly make you a visit at once if I could, but I should feel great pleasure to see you here. I shall do with great pleasure what I can to make the visit agreeable to you. I have heard with concern of the feeble health of your venerable father. I cannot tell you with what deep interest and great respect I think of him.
He has been the consistent friend of constitutional liberty through evil report as well as good report. Amidst perfidy and violence, folly and bigotry and intolerance, he has presented a rare and happy example, which I admire, of an enlightened and cultivated mind supporting the great principles of the British Constitution with discriminating zeal, constancy of purpose, and moderation of temper. I beg that you will do me the favour when you write to him to present my most affectionate and respectful regards.
I perceive that Mr. Secretary Harrison alludes to the possibility of my returning to Canada. I cannot fail to feel, as long as I live, a deep interest in that country, and the most ardent wishes for its prosperity. But I have formed no plans for a change of residence. A constant attention to my business, which is necessary for the support of my family, has left me no time to form plans.
With a gratified sense of your kindness and with great regard and affection, your friend,
Marshall S. Bidwell.
To this letter from Mr. Bidwell, Hon. Robert Baldwin replied on the 12th August, as follows:--
I have, believe me, great pleasure in acknowledging the receipt of your letter, as well on account of its relieving me, to a certain extent at least, from apprehensions that Mrs. Bidwell's health was the cause of your silence.
I cannot, however, conceal my disappointment at the last paragraph of your letter, in which, though you do not altogether shut out the hope of our having you again amongst us.... The obligations in regard to Mrs. Bidwell's health which you wrote (as precluding such consideration for the present) are, however, too sacred for even friendship to venture upon more than a repetition of those assurances, which my former letter contained, of the feelings of affection entertained towards you in this country, and the satisfaction which your return would afford. I, however, find it impossible to do otherwise than indulge in the pleasing anticipation of again seeing you amongst us, not as a mere visitor, but as once more a Canadian, in fact as well as in feeling. We have not, and certainly for the generation to which we belong, shall not, have any subjects of equal importance, in a pecuniary point of view, to those which seek the aid, and reward the exertion, of your professional talents where you are. It seems, therefore, to partake somewhat of selfishness to wish to withdraw you from an arena worthy of your great talents, to appropriate those talents to a sphere so much more limited. Be that as it may, I will indulge the hope, so long as you do not forbid it. In the meantime, could you not take a leave of absence for a few weeks during the coming Autumn Assizes, and amuse yourself with holding some briefs on some of them here? We have now five Circuits--the Eastern, Midland, Home, Niagara, and Western. Mr. Justice Jones takes the Eastern, Mr. Justice McLean the Midland, the Chief Justice the Niagara, and Mr. Justice Hagerman the Western. Nothing would give me more pleasure than to see you thus renew your relations with our bar; even if you should not do so with a view to a final return to it.
Let me know soon, in a post or two, if possible, as well as the circuit you mean to go on.... Now as I have gone on with this scheme, I find myself grow warm on it, so do not throw cold water upon it by a negative.
If I could do so with any propriety, I would avail myself of your kind invitation to visit you at New York for the purpose, not only of seeing you, but of urging this my suit in person. But I assure you it is out of my power to do so. Parliament is called for 2nd September, and I shall not have a moment's leisure from this time till the Session is over. You must recollect that, as a Parliament man, I am comparatively but a young hand, and I have to try and make up for want of experience by hard work; though I find it by no means a sufficient substitute.
I complied in substance with your request to make your acknowledgements to His Excellency for the answer, which by his direction, Mr. Secretary Harrison returned to my letter; but lest I should do so less appropriately than I ought, I took the liberty of letting you speak for yourself, by showing His Excellency your letter.
Your opinions of the Governor-General and of Sir Robert Peel entirely agree with my own. But I regret to say that some of our friends, and of our firm friends too, seem to me to forget what has been accomplished because everything is not done at once, or, because some things are done not exactly as they would have them.
This impatience is much to be regretted. If I were one whom it was necessary to keep up to the mark, as it may be called, it might be excusable, but they do not even profess to think that to be the case as respects the points in question. Their display of dissatisfaction, therefore, has only the effect of lessening the weight of the party in Upper Canada in the eyes of both the Head of the government here and the Imperial authorities at home. But I did not mean to make this a letter of complaint; but the fact is, I am just now smarting under an ebullition of violence on the part of our friends in Toronto, on the subject of Mr. Stanton's appointment to the Collectorship there, which almost involuntarily led me into these remarks. You will, I hope, excuse me.
My dear father, I am happy to say, appears by his last letters to be rather better. I fear much, however, that the improvement cannot be considered of a permanent character. As the Governor-General kept your letter till yesterday, I was only able to send it up to him to-day. It will, I am sure, afford him much gratification.
I hope you will excuse the length of this epistle, and rebuke me by the shortness of your reply, which need contain no more than six words, to wit: "I will ride the circuit." I believe "ride" is the professional term; at least used to be so, though it may belong to the era of Mr. Justice Twisden, if not a still more remote one, rather than at present.... You see how inclined I am to run on, so that lest I should transgress beyond endurance, I will conclude at once, with the assurance of my warm and continued regard. Ever your affectionate friend,
R. B.
CHAPTER XXXIX.
1844.
Events Preceding the Defence of Lord Metcalfe.
The defence of Lord Metcalfe, the Governor-General of Canada, who succeeded Sir Charles Bagot in 1843, was unquestionably the most memorable act of Dr. Ryerson's long and eventful life.
His previous training for twenty years in the school of controversy in relation to civil and religious rights; his personal intercourse with leading statesmen in England on Canadian affairs; his contests for denominational equality with successive Governors in Upper Canada, and his counsels and suggestions, (offered at their request), to such notable representatives of Royalty in Canada as Lord Durham, Lord Sydenham, Sir Charles Bagot, and Sir Charles Metcalfe, put it beyond the power of even the most captious to question the pre-eminent qualifications of Dr. Ryerson to discuss, in a practical and intelligent manner, the then unsettled question of responsible government as against the prerogative--a question which had arisen between Sir Charles Metcalfe and his late Councillors. In the chapter which Dr. Ryerson had prepared for this part of the Story of his Life, he thus refers to his intercourse with, and relations to, the distinguished Governors whom I have mentioned. He said:--
In 1839 a Royal Commission was issued to Lord Durham to investigate the affairs of Canada, and report thereon to Her Majesty. While engaged in his important duty he sent for and conferred with me repeatedly, and treated me with such consideration, as that on leaving him he would accompany me to the door and open it for me, shaking hands with me most cordially. After his return to England he sent me a copy of his famous Report (addressed by himself) before it was laid on the table of the House of Lords. On receiving in advance this report of Lord Durham I published in the _Guardian_, with appropriate headings, extracts from that part of it which related to the establishment of responsible government and its administration in Canada, and then lent the extracts and the type on which they were printed to Mr. (afterwards Sir) Francis Hincks for insertion in the _Examiner_ newspaper, of which he was at that time proprietor and Editor. I afterwards aided Lord Sydenham in every way in my power to allay the party passions and animosities of the past, and to establish responsible government upon liberal principles, irrespective of past party distinctions, comprehending Hon. W. H. Draper and Hon. Robert Baldwin in the same administration--a union or coalition which did not long survive the life of Lord Sydenham--Mr. Baldwin declaring his want of confidence in Mr. Draper, and retiring from the government. Soon afterwards, Mr. Baldwin and his friends succeeded to power under Sir Charles Bagot.
This was the state of things until 1843, when Sir Charles Bagot died, and Sir Charles Metcalfe was appointed to succeed him. I had the melancholy pleasure of offering a tribute (in the form of an obituary notice) to the character and administration of both Lord Sydenham and Sir Charles Bagot--papers much noticed and widely circulated at the time as the best specimens of any writing which had ever appeared; but I had a genial theme and good subjects in both cases. Sir Charles Metcalfe was popular with all parties at first: but after a few months a difference arose between him and his Councillors as to the appointment of the Clerk of the Peace of the County of Lanark, and then on the principle of appointments to office; or in other words, the exercise of the patronage of the Crown.
To understand the character of this famous and much misrepresented controversy, and how I became involved in it, some preliminary and explanatory remarks are necessary:--
It is to be observed in the first place, that one chief subject of complaint by "Reformers" for many years--nay from the beginning--was the partial exercise of the patronage of the Crown, appointing magistrates, officers of militia, judges, etc., from men of one party only, in whose behalf every kind of executive favour was bestowed for years. This was the purport of their complaints in the various petitions and addresses of "Reformers" to the Earl of Durham, Lord Sydenham, Sir Charles Bagot, etc., who necessarily promised that the Governments should henceforth be conducted upon the principles of justice, "according to the well understood wishes of the people," of whom "Reformers" claimed to contribute a large majority, and even of the liberal Conservative members of the Church of England. But singular to say, on the occurrence of the first vacancy, the Reform government urged upon Sir Charles Metcalfe the appointment of one of their own party, irrespective of the superior claims, as the Governor conceived (on the ground of service, experience and fitness), of a deserving widow and her orphan son. The circumstances were as follows:--