CANADA AND THE DURHAM REPORT, 1837-40

• Upper Canada 

  • British settlers, US loyalists
  • Immigration continued and land was auctioned from 1825.
  • Governed by a lieutenant governor and an appointed executive council who acted as a cabinet plus an elected tax-raising assembly and an appointed legislative council
  • The Lieutenant Governors were responsible to London
  • the day-to-day control was done by the respective governors. 
  • Family compact was a small group of men who controlled the executive council of Upper Canada, united by their conservatism in constitutional change and their Anglicanism 
• Upper Canada Land ownership 

  • Freehold system in Upper Canada similar to Britian 
  • Most of the land was held by the crown and granted to settlers
  • Recognised claims of natives and treaties were signed to increase land
  • One seventh of land was designated as clergy reserves, with all profits going to the Anglican church 
  • Anglicanism was thought to ensure Canadian loyalty 
  • Anglicans werent a majority and the states support of the Church angered many non anglican Canadians 
• Upper  Canada Tensions 

  •  Despite a superior land tenure system, the province lacked capital investment and infrastructure
  • government raised revenues through other means, weakening the power of reformers in the assembly who wished to influence the government by refusing to pay officials
  • Opposition to the Family Compact grew during 1820s around the clergy reserves 
  • Reformers called fro responsible government; the removal of the Family Compact and constitutional reforms where the executive was responsible  to local voters not London 
• Upper  Canada Tensions 

  •  Despite a superior land tenure system, the province lacked capital investment and infrastructure
  • The government avoided using the legislative assembly to raise taxes instead raised revenues through other means, weakening the power of reformers in the assembly who wished to influence the government by refusing to pay officials
  • Opposition to the Family Compact grew during 1820s around the clergy reserves 
  • Reformers called for the removal of the Family Compact and constitutional reforms where the executive was responsible  to local voters not London 
• Tensions in Lower Canada 

  • Britain allowed catholicism under the Quebec Act 1774, French civil law was left in place 
  • The Assembly spoke English, French-Canadians were wary of British influence 
  • councils were dominated by the English Speaking Chateau Clique,
  • A law to unify Canada was strongly opposed in 1822
  • Patriotes wanted reforms to protect French identities 
  • Dalhousie Governor from 1820 to 1828, faced opposition from the assembly so prorogued the assembly in 1827, refusing to accept a Patriote leader, he was then removed from office
• The threat from the USA

  • British hoped the freedoms of religion granted in Quebecc Act 1774 would prevent rebellion 
  • The political system of 1791 Constituiton was based on the lessons from America 
  • Tax raising powers resided with local assemblies 
  • 1791 constitution was an advancement in colonial rule but kept power of British Officials 
• British Actions to stop canadian revolt

  • Aware of rising tensions with political agitation and petitions 
  • Lower Canada was seen as more severe 
  • The Canada committee in 1829 advised amending the 1791 constitution but no amendments were made 
  • No solution in British policy
  • Whig government saw domestic issues such as 1832 Great Reform Act as more important. 
• Causes of the Revolt in Upper Canada Emergence of radicals: Radical reformers such as William Mackenzie, whose newspaper was attacked by the family compact 
• Causes of the Revolt in Upper Canada 

  • Impact of Immigration 
  • Irish immigration from 1830s increased xenophobia. 
  • The Township scheme caused resentment. 
  • 1832 and 1834 cholera epidemics magnified concerns 
• Causes of Revolt in Upper Canada:

  • Lieutenant Governors Actions 
  • Governors Colborne and Head believed they were in office to govern and that all legislatures were to be consulted
  • Bypassed legislative assemblies
  • Used clergy funds to support anglican church 
  • Removed moderates after they complained, promting 1836 election which head won - radicalising the reform party 
• Causes of Revolt in Upper Canada 4

  
  

  1836 election 

  • Victory for Head, allowed him to introduce anti reform legislation 
  • Convinced reformers that rebellion was the only means of change 
• Events of the revolt in Upper Canada 

  • The revolt was launched in December 1837 when news of the Lower Canadian revolt  reached Upper Canada.  
  • About 1,000 men gathered in Toronto and planned to attack property of those said to be  supportive of the Family Compact.  
  • There were poorly organised exchanges of fire with loyalists before loyalist  reinforcements arrived.  
  • Mackenzie fled to Navy Island where he declared a provisional state. He again fled under  militia fire but was sentenced to 18 months in prison in the USA for violating neutrality  laws. 
• Consequences of the revolt in Upper Canada 

  • Many rebels and sympathisers left for America 
  • Rebels often hanged if they stayed 
  • Pro-American opinions were kept silent
  • The focus was on keeping the province british
  • The British became aware of the problematic influence of the family compact
  • Lord Durham was sent to find a solution 
• Causes of the revolt in Lower Canada 

  • Leadership of Patriotes Papineu
  • From 1830 Papineu became more anti british and under his leadership the assembly refused to accept any compromise. 
  • Influenced to become more radicalised by the economic situation and revolutionary ideas 
  • Economic/Social Issues 
  • Failing economy in the 1830s radicalised population
  • Immigrants brought cholera in 1832 
  • Gosford Commission of enquiry  
  • 1835 
  • Failed to address grievances 
  • Russel resolutions sparked unrest due to governors using public funds 
• Results of the revolt in Lower Canada  

  •  The Lower Canadian rebellion was far greater than the Upper Canadian one.  
  • There were over 500 patriotes in jail by the end of it. 
  •  The 1791 Constitution was suspended in February 1838 but martial law was revoked in  April.  
  • Britain saw it as imperative that French-Canadians could no longer command a majority  in any assembly but also that the Chateau Clique was reined in.  
  • The revolts were fairly easily put down but something serious could have developed had  Britain not acted quickly to placate Canadian opinion. 
• Lord Durham’s role as high commissioner 

  • Temporarily stabilised the situation in both provinces 
  • All but the most extreme reformers were engaged in finding a solution with London 
  • Durham consulted widely and discounted those who tightly held power 
  • More successful than Lord Gosford as his time in office was so short 
• Durham’s early career 

  • Part of the whig inner circle
  • Passed the Great reform Act in 1832 
  • Known as radical jack for his radical views on household suffrage. Persuaded to take on the Canadian question in 1837 as the Gosford commission failed. 
• Durham in Canada met with Canadians to gather evidence for his report
• Durham effectively held the executive power at the time
• Durham removed the old Executive Council and was willing to work with anyone seeking peaceful reform
• Durham made contact with the USA regarding troublemakers entering Canada, leading to the establishment of border patrols
• A commission investigated the system of land tenure to restrict the availability of land to immigrants
• Durham had instructions to free most political prisoners. He pardoned the majority but banished the 'most' guilty to Bermuda
• The legality of Durham's actions was questioned, and Lord Brougham attempted to destabilize Melbourne's government by proposing a Bill of Indemnity against Durham
• Durham resigned in October 1838
• Resignation  

  • Durham resigned as he was not prepared to submit to censure.  
  • Durham was supported and an effigy of Brougham was burned in Lower Canada.  
  • Melbourne did not want to risk his government by defending Durham.  
  • However, Durham left the Canadas with no chance of British rule being threatened. 
• The influence of Wakefield and Buller  

  •  Durham’s high-handed approach to selecting his aides contributed to the short life of his  mission but it also showed a sharp eye for particular skills.   
  • Wakefield and Buller were active in interviewing Canadians and incorporated some  ideas into their final report.  
  • The pair exercised executive power: Buller was made commissioner of crown lands,  supported unofficially by Wakefield. A system of sale of land rather than free grants was  devised to encourage respectable colonists although policy itself didn’t change. 
• Edward Gibbon Wakefield : 

  • Wakefield had developed the idea of systematic colonisation. 
  • He regarded the system of free land grants in Canada as the root of the problems.  
  • He wanted worthy settlers through selling land and advocated unificating the two canadas 
• Charles Buller

  • Buller was not hit by the scandal of Wakefield 
  • He was sympathetic to the Canadian rebels and thought it was British Policy that had caused them to revolt 
  • It was his idea to banish the rebels to Bermuda whivh brought Durham down 
• The Durham Report 1839 

  • Proposed unifiying Canada into one province ot make the french speakers a minority 
  • Proposed the rescinding the freedoms of the quebec act 1774 to improve the economy of the colony through replacing an essentially feudal land system
  • Responsible self government along the lines of the Westminster Model
• The importance of the report  

  • neglected to mention the indigenous population of Canada.  
  • can be criticised for sweeping away French systems very abruptly.  
  • defined ‘responsible self-government’ within an imperial context, setting the basis for Britain’s relationship with its settler colonies adopted over the next 20 years.  
  • Unification of the Canadas was accepted by the government.  
  • Responsible self-government was granted to the Canadian colonies from 1848
  • It could possibly be credited with preventing the departure of colonies from the Empire  as had happened in America.