History

Two outstanding grievances were (…) removed by the Great Administration during (the legislative) session (1849-50). They were both land questions; one afflicted the English, and the other the French, half of the province. For a whole decade the grievance of the Clergy Reserves had slumbered; now it came up for settlement. The Clergy Reserves were finally secularized. Hincks, the astute parliamentary hand, led the House in requesting the British parliament to repeal the Act of 1840. This was the first step, preliminary to devoting the unappropriated land to the maintenance of the school system. In voting on this measure LaFontaine opposed, while Baldwin supported it. The divergence of opinion marked the weakening of the ministry.

The other question, which affected French Canada, was the seigneurial tenure of the land. The system was an inheritance from the time of Richelieu. Unlike the English, who allowed their colonies to grow up haphazard, the French, from the first, organized and regulated theirs according to a definite scheme. Upon the banks of the St Lawrence they established the feudal system of holding land, the only system they knew. There were the seigneurs, or landlords, with their permanent tenants, or censitaires. There were the ancient usages: “cens et rentes”, “lods et ventes”, “droit de banalité” [see The Seigneurs of Old Canada, chap. iv] the “seigneurs’ court”, and so on.

“Seigneuries” were also established in Acadia; but they were bought out by the Crown about 1730, after the cession of that province to Great Britain. In the opinion of such authorities as Sulte and Munro the seigneurial system answered its purpose very well. At first the French would not have it touched. In the troubles of ’37 the simple habitants thought they were fighting for the abolition of the seigneurs’ dues. By the middle of the nineteenth century it had become almost as complete an anomaly as trial by combat. But the question of reform bristled with difficulties. Which were the rightful owners of the eight million arpents of land—the seigneurs, or the censitaires? To whom should all this land be given? Was there a third method, adjustment of rights with adequate compensation? The Reformers were not agreed among themselves.

Some were for abolition of the seigneurs’ rights: some were for voluntary arrangement with the aid of law. LaFontaine was averse from change, and Papineau, who was himself a seigneur, held by the ancient usages. The whole question was referred to a committee, but all attempts to deal with it during the sessions of 1850 and 1851 came to nothing. Not until 1854 was definite action taken. All feudal rights and duties, whether bearing on censitaire or seigneur, were abolished by law, and a double court was appointed to inquire into the claims of all parties and to secure compensation in equity for the loss of the seigneurs’ vested interests. It took five years of patient investigation, and over ten million dollars, to get rid of this anomaly, but at last it was accomplished to the benefit of the country. Says Bourinot, ‘The money was well spent in bringing about so thorough a revolution in so peaceable and conclusive a manner.’

Both these questions gave rise to differences of opinion in the Cabinet. The Clear Grits, or Radical wing, were in constant opposition, simply because the progress of Reform was not rapid enough. William Lyon Mackenzie, once more in parliament, rendered them effective aid. In June 1851 he brought in a motion to abolish the Court of Chancery, which had been reorganized by Baldwin only two years before and seemed to be working fairly well. Although the motion was defeated Baldwin realized that the leadership of the party was passing from him and his friends, and he resigned from office at the end of the month. One of the pleasing episodes in the history of Canadian parliaments was Sir Allan MacNab’s sincere expression of regret on the retirement of his political opponent. There are few enough of such amenities.

In October of the same year LaFontaine also resigned, sickened of political life. A letter of his to Baldwin, as early as 1845, lifts the veil. ‘I sincerely hope,’ he says, ‘I will never be placed in a situation to be obliged to take office again. The more I see the more I feel disgusted. It seems as if duplicity, deceit, want of sincerity, selfishness were virtues. It gives me a poor idea of human nature.’ This is not the utterance of a cynic, but of an honest man smarting from disillusion. His exit from public life was final. He was made chief justice for Lower Canada and presided with distinction over the sessions of the Seigneurial Court. His political career thus closed while he was yet a young man with years of valuable service before him. Baldwin attempted to re-enter political life. The resignation of the two leaders involved a new election, and Baldwin was defeated in his own ‘pocket borough’ by Hartman, a Clear Grit. That was the end. He retired to his estate ‘Spadina,’ his health shattered by his close attention to the service of the state. He was an entirely honest politician, deservedly remembered for the integrity of his life and his share in upbuilding Canada. So the Great Administration reached its period. (1)

Resources

Notes

1. Archibald MacMechan, “Popular Govrerment. A Chronicle of the Union of 1841” (1916), Toronto, Glasgow, Brook and Company

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This entry was last updated: October 29, 2016