Canada and the Durham Report - Topic 5.1 Flashcards
The political nature and government system of the Canadas and the American threat
What was the perceived American threat?
With America being on the southern border, and the only international border, to both Canadas, the threat of an American land invasion was possible. Demonstrated in the War of 1812, Canada could be occupied if Britain didn’t take the correct precautions to save their empire in North America. The US could possibly attempt to create dissent in the Canadas as well due to their religious, cultural and institutional differences. To prevent the latter, the 1791 Constitution was drafted.
What was the 1791 Constitution?
The political system of the government of both Canadas was established by the British passing the Constitutional Act of 1791 in Parliament. Drafted after lessons learnt after the American War of Independence, the Act created a system of political representation in the provinces and as well as French-Catholic liberties.
How did the 1791 Constitution affect Lower Canada?
The Constitution preserved their religious freedom, the land tenure system and the legal system, which intended to prevent possible revolts over religious and cultural matters. It was hoped this constitution would stop any attempt by the US to stir rebellion in the Canadas. The Constitution established financial autonomy for the legislative in each province, which came from the belief that America declared independence due to taxation. The executive, however, remained under total British control.
How was Upper and Lower Canada governed?
A British lieutenant governor ran each province with aid from the executive council, whose members took on the role of ministers. The Governor of both Canadas was the superior to the lieutenant governors, who himself was responsible to London, not the local legislative and the members of the executive council were chosen and removed by the lieutenant governor; the members could remain for life.
The Family Compact maintained control of the Upper Canadian council, exercising power largely for their own benefit, while the Chateau Clique maintained their stranglehold on the Lower Canadian council.
What was the nature of politics in Upper Canada?
The legislative assembly was made up of 16 representatives, with the legislative council of 7 approving bills in the assembly. The legislative council was often made up of members who sat on the executive council too; they often blocked laws passed by the elected who tried to curb their power or change the system.
The Family Compact were Anglican, loyalist and reluctant to any changes to the constitution which might loosen their grip on power. The majority of Upper Canada was nonconformist, loyal to the crown, but mainly didn’t seek direct rule, and preferred home rule (those who supported direct rule were called Tories in Upper Canada, liken that of the Tory Party in Britain).
Where were the main centres of tension in Upper Canada?
Land tenure was based on the British freehold tenure. Most of the land was held by the Crown and therefore judged to be free to grant to settlers. Indigenous peoples of Canada had claim to the land and treaties were signed at various points with native groups to increase Crown land, providing the natives with some compensation in exchange. 1/7th of the land was designated as clergy reserves, with profts going to support the CofE. Britain thought maintained control via the Church was one of the best, however, since most of the colony were nonconformist, this became a source of tension.
Upper Canada lacked infrastructure and capital investment and had a very small population from which to raise revenues. Investment in infrastructure like canals or roads meant the government itself was cash-strapped but, instead of working with the legislative assembly to raise taxes, it attempted to raise revenue by other means, sidestepping the legislative. The sale of land to the Canada Company was how the government did this, which added to the fury of the Reformers.
The Reformers wanted responsible government: the removal of the Family Compact, constitutional reform, responsible executive etc.,.
Where were the main centres of tension in Upper Canada?
Land was granted to a seigneur who would then grant the land to tenants to subsistence fram in exchange for rents. The seigneural system was essentially feudal. However, Canadian habitants (tenants) under this system were protected by contracts and the relationship between habitant and seigneur was overseen by the state.
The Quebec Act of 1774 accepted religious freedoms and French civil law for matters of private law. They remained loyal to their identity, language and institutions. British loyalists coming from America caused social tensions as French-speakers were wary of attacks on their culture.
The Chateau Clique were English-speaking, successful businessmen and loyalists, and oppossed any moves by the French-speaking dominants in the legislative assembly to either curb their power or promote their identity.
Rural stagnation in the 1820s and hardship for the habitants led to the Chateau Clique to blame the economic failings of the colony on the backwardness of the French colonists. The Clique proposed an Act that would united both Canadas, to create an English-speaking majority. It never passed and was dropped by London. Patriotes saw the attacks on their culture and wanted to do everything in their power to maintain their Frenchness. Lieutenant-Governor Lord Dalhousie even prorouged the legislative in 1827 because he refused to accept the patriote leader as speaker of the house. Dalhousie was swiftly removed from office the next year.
