A Cyclopaedia of Canadian Biography: Being Chiefly Men of the Time by Rose
1766. The Lovitts have always been identified with the best interests of
6525 words | Chapter 132
Yarmouth. They have been prominently connected with the shipbuilding and
other industries, and the county is at present represented in the
Dominion House of Commons by one of the family.
* * * * *
=Moore, Alvan Head=, Magog, Quebec, was born in Hatley, county of
Stanstead, province of Quebec, April 20th, 1836. His father, Thomas
Moore, was born in Concord, N.H., United States, Dec. 5th, 1787. His
mother, Margaret Moore, whose maiden name was Margaret Dickey, was born
near Concord, N.H., July 24th, 1795. They were married Dec. 6th, 1812,
and came to Canada in the beginning of the present century. They were
amongst the early pioneers who settled Stanstead county. His father was
on duty during the war of 1812-14 and the rebellion of 1837-8. He held a
commission dated August, 1811, as lieutenant in the Eastern Townships
Royal Volunteers and ensign in the militia of 1837-8. The subject of
this sketch was liberally educated in Canadian academies and United
States collegiate institutes, and at the present time is mayor of Magog,
postmaster, commissioner of Superior Court, superintendent of the
Government Fish Hatchery, justice of the peace for the district of St.
Francis, president of the Waterloo & Magog Railway Company, director in
the Stanstead, Shefford & Chambly Railroad Company, director in the
Magog Textile and Print Company, was for years president of the
Stanstead County Agricultural Society, chairman of the school
commissioners of Magog, and secretary and treasurer of the above
mentioned W. & M. R. Co., which office he resigned in 1887 to take the
presidency of the company. He has been connected with and was one of the
principal promoters of all the public enterprises of the place, the most
important of them being the Waterloo & Magog Railway and Magog Textile
and Print Works. He was an active promoter of both schemes, and has a
large amount of money invested in them. He is an active politician, and
has been engaged in every political contest which has taken place in the
county since confederation. Being a protectionist, he is consequently a
Conservative. He has been looked upon as the successor of the present
member in the House of Commons, but so far has steadily refused to
accept any nomination for parliamentary honors. He is and has always
been a temperance man and opposed to the license system, and one of the
few men of his age who never signed a requisition for a license. The
adoption of the Temperance Act of 1878 in the county of Stanstead was
largely due to his exertions. He is a Protestant in religion, and in
favor of the alliance and amalgamation of all Christian denominations,
and the destruction of sectarian walls that serve to divide and weaken
the members of the Christian church. He was married August 12th, 1858,
to Julia Ann Merry, eldest daughter of the late Ralph Merry, of Magog,
who was one of the most prominent and most public-spirited men of his
time, and was for many years mayor of Magog. At the time of his death he
was president of the Waterloo & Magog Railway Company; vice-president of
the Stanstead, Shefford & Chambly Railroad; and one of the early
promoters of both schemes. Mrs. Moore was born at Magog, March 13th,
1838, was educated in Canadian and United States academies, and was also
for some time a student in the convent at Longueuil, near Montreal.
Immediately after their marriage they went to Kentucky, U.S.A., where
they lived for nearly two years and engaged in teaching in the Pleasant
Green Seminary until it was accidentally burned, Jan. 1, 1860. The war
cloud being about ready to burst over the slavery question, they
returned to Canada in the spring of 1860. Mr. Moore became associated in
that year with his father-in-law (Mr. Merry) in building the Waterloo &
Magog Railroad and in mercantile business. They continued in partnership
until 1867, when Mr. Merry retired from the firm and Mr. Moore
continued, and is now one of the largest and most successful merchants
in the eastern townships. They have three children living, Ralph Merry
Moore, born in Kentucky; Catharine Louise Moore and Elizabeth Florence
Moore, the two last born in Magog, province of Quebec.
* * * * *
=Freer, Lieut. Harry Cortlandt=, 1st Battalion, South Staffordshire
Regt., and Lieutenant and Brevet Captain and Adjutant, B Company,
R.S.I., St. John’s, Quebec, was born at Sherbrooke, Quebec, on the 9th
of May, 1859. His father, Cortlandt Freer, of the Grand Trunk Railway
engineer staff, is a son of Noah Freer, late captain in the Nova Scotia
Fencibles, and at one time A.D.C., or military secretary, to Sir George
Prevost. His mother, M. A. Sicotte, is the eldest daughter of the Hon.
L. V. Sicotte, judge of the Superior Court, St. Hyacinthe. The subject
of this sketch was educated at Trinity College School, Port Hope, and
afterwards graduated at the Royal Military College, Kingston. He entered
the British service, and served a year each in Malta and Ireland. On the
breaking out of the Egyptian war he served with the 1st battalion South
Staffordshire regiment, and served throughout the campaign of 1882,
receiving the Queen’s and Khedive’s medals for his gallantry. After his
return to Canada, the Northwest Rebellion of 1885 again called him to
active service, and he was appointed A.D.C. to Major-Gen. Sir Frederick
Middleton, K.C.M.G., and was present at Batoche. For his gallantry on
that occasion he was mentioned in the despatches, and received the medal
with clasp. He has been an extensive traveller both in Europe and the
East, as well as in our own country, having travelled as far west as
British Colombia. In religion he is a member of the Roman Catholic
church, and is unmarried.
* * * * *
=Montgomery, Donald=, Charlottetown, Prince Edward Island, Chief
Superintendent of Education for Prince Edward Island, was born at
Valleyfield, 3rd May, 1848. His parents came to the island from Scotland
in 1840. Mr. Montgomery received his education at Prince of Wales
College in Charlottetown, the foremost seat of learning in Prince Edward
Island, and at McGill University, Montreal. He progressed rapidly in his
chosen profession of teacher, and in 1874 was appointed principal of the
Provincial Normal School. This position he held for three years. The
progress of education in the island has been very gradual. At the
original distribution of the land in 1767, thirty acres were reserved in
each township for a schoolmaster, and there the matter rested until
1821, when a national school was opened at the capital. Later on a board
of education was appointed for the island and other schools were opened.
In 1836 a central academy was established in Charlottetown. In 1837,
John McNeil was appointed the first superintendent of schools. At this
time the total population of the island was about thirty-five thousand,
and there were only fifty-one schools, with a total attendance of 1,533.
Means were scanty and the schoolmaster was literally “abroad” most of
his time, removing from house to house, as he got his board among the
different families of his district. In 1842, there were 121 schools and
4356 pupils. In 1852, a free school act was passed by the Legislature.
In 1853, the office of general superintendent for the island, abolished
in 1848 (a county superintendent for each county being substituted), was
re-established. In 1855, a bill was passed establishing a Normal School,
which was opened in 1856. The question as to whether the Bible should be
read in the Central Academy and the Normal School was earnestly debated
by the people and brought to the notice of the Legislature in 1858. The
House decided against the use of the Bible in the schools. In 1861,
however, was passed an act admitting the Bible into the schools. The
Prince of Wales College was established in the same year. Many of the
best men in the island have received their earlier education at this
institution, which, however, they frequently supplement by a course at
other seats of learning in the Dominion, the United States and Great
Britain. In 1878, Mr. Montgomery embarked in politics, and on the 20th
September in that year was elected to a seat in the local legislature
for his native district of Belfast. This was a bye-election caused by
the resignation of William Welsh. At the general election, Mr.
Montgomery again offered, and was re-elected in April, 1879. He was a
moderate Conservative. He resigned his seat in the House in the summer
of that year, and on the 26th September, 1879, was appointed to the
position of chief superintendent of education. This position he has
continued to hold up to the present time. He is connected with the
Presbyterian denomination. He married, on 10th August, 1887, Mary
Isabella, daughter of William McPhail, of Orwell. His residence is
situated on Prince street, in Charlottetown. A man in the very prime of
life and usefulness, Mr. Montgomery occupies a position of the highest
importance.
* * * * *
=Rivard, Antoine Majorique=, M.D., Sheriff for the district of Joliette,
was born on the 24th September, 1838, at St. Leon, district of Three
Rivers, province of Quebec. He is descended from a family that came from
France, and settled at Batiscan, province of Quebec, in 1660. His father
was Pierre Celestine Rivard, merchant at St. Leon, and his mother Marie
Angèle Caron. He was educated at the Lanigan Academy, Three Rivers, and
Nicolet College. He was admitted as a physician and surgeon on October
8th, 1861, and practised at St. Leon until 1865, when he removed to
Joliette, where he has since resided. He has been councillor and mayor
of the town of Joliette, vice-president of the Agricultural Society,
county of Joliette, president of School Commissions, director of La
Compagnie Manufacturier de Tabac Canadien de Joliette, secretary of the
Medico-Surgical Association of the district of Joliette, and surgeon of
the 83rd battalion since 1874. He was a governor of the College of
Physicians and Surgeons of the province of Quebec from 1877 to 1880,
collector of inland revenue from 1880 to 1882, and was made sheriff on
the 24th February, 1885. Dr. Rivard was married on the 16th February,
1863, to Marie Corine Asilda Lemaitre Angé, of Rivière du Loup, _en
haut_, and has always been a strict adherent of the Roman Catholic
faith. He is an ornament to the profession which he has made the study
of his life, and his talents are only second to his indomitable energy
and perseverance.
* * * * *
=Cartier, Sir George Etienne.= This illustrious statesman was born in
the village of St. Antoine, in the county of Verchères, on the 6th of
September, 1814. It was claimed for him that he was descended from one
of the nephews of Jacques Cartier, the adventurous Breton navigator, who
showed to France the ocean pathways to a western empire. But George
Etienne stood in no need of the dim and flickering lustre reflected from
remote family achievement. He made for himself, in the history of his
country, a name and a fame which, by right of native ability and
resolute and fortunate effort, are permanently his own. His immediate
ancestors were of the better class of French Canadians. His grandfather,
a successful merchant, was one of the first members chosen for the
county of Verchères, when the Constitutional Act of 1791 gave to Lower
Canada the right to representative institutions. In Lower Canada, in the
early days of George Etienne Cartier, two avocations possessed, and
still possess, a strong attraction for the more gifted amongst the
younger population. These avocations were the church and the bar.
Cartier chose the latter. To qualify himself for his intended
profession, he pursued, for eight years, a course of study at the
college of St. Sulpice, in the city of Montreal. There is no tradition
to show that he was a brilliant student. In this respect he adds another
to the number of eminent men who reserved, not for the ideal world of
the school-room, but for the actual world of after life, powers and
faculties previously unsuspected, because undisplayed. After leaving
college he entered upon the study of the law, and in 1835 he began
practice in the city of Montreal. The legal profession, crowded at that
period, overcrowded at the present time, still affords, to use the
simile of Daniel Webster, “room in the upper story.” To that place of
vantage Cartier made his way. The explanation of his success is not far
to seek. He possessed at that time, and until the end of his life, an
industry that never knew cessation, an energy that never faltered, and
an ever-present consciousness of his own ability. But, for young
Cartier, another pursuit besides law presented imperative claims to
attention. This was politics. To him, and to the majority of his
countrymen, they seemed to mean political existence, and the
preservation of their language and institutions. Cartier had scarcely
begun the practice of his profession when he was drawn into the vortex.
Louis Joseph Papineau, speaker of the Legislative Assembly since the
year 1817, had been flaming, like a portentous meteor, in the troubled
sky of Canadian politics. Under his influence, Cartier, like the
overwhelming majority of French Canadians, fell. It was no wonder.
Papineau was an impetuous leader; he had a popular cause; he appeared to
be fighting an unequal battle. To narrate in detail the causes which
created a leader out of Papineau, and which attracted to his banner all
the more enthusiastic among the French Canadians, would be to fill
volumes: to write a history of a country, and not the brief biography of
a man. But a few words may serve to convey a faint idea of the political
condition of Lower Canada, at the time when Cartier ventured into the
perilous pathways of the provincial politics of that epoch. From the
conquest of Canada, in 1760, to 1791 (the year of the passing of the
Constitutional Act), Canada was a portion of the British empire, but was
an alien in respect to British institutions. This Act divided what was
known as the Province of Quebec into two new provinces—Upper and Lower
Canada. A legislature was, by the Act, established in each province. It
consisted of a House of Assembly and a Legislative Council. The people
elected the Assembly; the Crown nominated the Council. Herein lay the
monstrous defect of the Constitutional Act; the poisonous leaven that
corrupted the body politic in Upper and Lower Canada; the pestilent germ
that developed into outrageous misgovernment, jeopardy of British
connection, and ultimate rebellion. The Upper House, nominated by the
Crown, was not only irresponsible to the people, but set their wishes at
absolute defiance. The popular Assembly might pass necessary measures;
the Council expunged the provisions that made them useful, or trampled
them under foot. The oligarchy, which was continually in a minority in
the Assembly, but always in a majority in the Council, lorded it over
Lower Canada in contemptuous indifference to the wishes of the French
Canadian majority.[4] The Governor, who was commissioned to represent
the King, was the mere puppet of the oligarchy. While they flattered him
they ruled him, and cajoled while they enslaved. Thus, for long and
weary years, was enacted the wretched drama of despotism under a
constitutional mask. There seemed no sign of relief. The governors and
the oligarchy, by their machinations, had gained the ear of the imperial
authorities, and tricked them into the belief that to rule in contempt
of British institutions was the only means of perpetuating British rule
in Upper and Lower Canada. With the intention to act justly, the British
government, above all others, seemed, at this period, to be beyond the
reach of the warnings of experience; seemed doomed never to know the
truths as to the dismal history of colonial misgovernment. The loss of
the thirteen colonies had been a lesson taught in vain. Not until the
Earl of Durham, in a state paper which eclipses, for ability,
conscientiousness, vast industry, and fearless truthfulness, any other
of the kind in the diplomatic literature of the British American
colonies—not until he laid bare the ulcers and festering wounds on the
Canadian body politic, did the imperial authorities learn the truth, and
set themselves to prepare a remedy. In the year 1837 the patience and
prudence of the French Canadian leaders gave way. The pleading for
reform had been scouted as treason; now insurrection was about to take
the place of argument. Among the deplorable elements engendered in the
long struggle for a better state of things was that of race-hatred. For
this dangerous passion, Papineau, often violent in language and unwise
in denunciation, was more responsible than his opponents. To this
passion, Cartier, even in his hot youth, would not surrender himself.
But, when the movement which Papineau for nearly a quarter of a century
had fostered, burst away from his control, and leapt from agitation into
rebellion, George Etienne Cartier, throwing to the winds considerations
of selfishness and prudence, boldly took his life in his hand, and
appealed to the arbitrament of the sword. The autumn of 1837 was ominous
of coming troubles. The government, even if no other source of
information had been at their command, could not fail to perceive in the
speeches of the more impetuous of the French Canadian leaders that an
appeal to arms was in immediate contemplation. After waiting for a
period which to their friends seemed perilously prolonged, the
authorities determined at length to grapple with the incipient
insurrection. On the 16th of November, 1837, warrants for high treason
were issued against the Montreal agitators who were inciting the people
to rebellion. Papineau was included in the number, but he had been
warned in time. He placed the St. Lawrence between himself and arrest,
and made good his way towards the Richelieu river. His arrival in that
locality brought to a focus the latent elements of revolt. The
disaffected peasantry of the surrounding districts trooped to their
headquarters, a village named Debartzch, in the parish of St. Charles.
But, in addition to the encampment at St. Charles, there was another and
more memorable mustering-place of the “patriots.” This was at St. Denis,
on the Chambly river. The leader of the patriots was Dr. Wolfred Nelson,
a man whose energy, courage and principles won him the unshaken
confidence of the peasantry. At St. Denis we find George Etienne
Cartier. A British force under Colonel Gore, a Waterloo veteran, was
sent against St. Denis. Accompanying the expedition was a deputy-sheriff
armed with a warrant for the arrest of Dr. Wolfred Nelson on a charge of
high treason. On the morning of the 23rd of November, 1837, the troops,
after twelve hours’ march through the sloughs, mud, and pit-falls of a
winter road in Lower Canada, approached the village of St. Denis. A
contemporary account thus narrates the result of the attack on the
position of the insurgents:—
The necessary orders were given for the troops to advance; an
order which was promptly obeyed, notwithstanding the harassing
and fatiguing march of the night. Towards the north-eastern
entrance of the village of St. Denis there is a large stone
house, of three or four stories, which was discovered to be full
of armed men, who opened a sharp and galling fire upon the
troops. The skirmishing party here consisted of the light
company of the 32nd, under Captain Markham. Within a quarter of
an hour after the firing commenced, Captain Markham was severely
wounded in the leg; and, almost at the same moment, received two
dangerous wounds in the neck, which brought him to the ground.
In conveying him to the rear, he received another wound, a proof
of the dexterity and precision of the fire kept up by the
patriots. It was found by Colonel Gore that the infantry,
deprived of the assistance of Colonel Wetherall’s force, was
inadequate to cope with the terrible fire of the musketry that
was kept up and directed against them from the stone house. The
field-piece, accordingly, was brought to bear upon this fort of
the insurgent army, and injured it considerably, sending many of
the inmates to their final account. Notwithstanding, as the
ammunition was nearly exhausted, it was deemed prudent to
retire, in order to maintain the communication with Sorel, as
many of the inhabitants were seen gathering from all directions
to the scene of action. About half-past two in the afternoon,
the order to fall back was given; and, with the loss of six men
killed and ten wounded, a retreat was commenced. The roads were
so bad it was impossible to get farther than three miles that
night, and Colonel Gore was under the necessity of bivouacking
till daylight of Friday morning (24th), when he again commenced
his march upon Sorel, which he reached that afternoon.
On the 25th of November, 1837, Lieutenant-Colonel Wetherall and a
British force drove the patriots from their position at St. Charles. A
few days after this event Colonel Gore, with his command reinforced
marched upon St. Denis. But the victory at St. Charles had caused
defections in the ranks of Dr. Nelson. He did not wait a second attack,
but abandoned his position, and sought to make his escape to the United
States. Thus ended the operations on the Richelieu, and with them the
rebellion south of the River St. Lawrence. George E. Cartier was with
Dr. Nelson in the combat at St. Denis. In after life, a political
opponent would sometimes taunt him with cowardice on that occasion. To
such reproaches he never replied, and hence there were some persons who
suspected that there might be truth in the accusation. But Cartier
himself knew better, and could afford to be silent. Ten years or so
after St. Denis his conduct was described by Dr. Nelson, who was
qualified to speak on the subject. In _La Minerve_, of Montreal, under
date of September 4th, 1848, Dr. Nelson’s “attestation,” dated Montreal,
21st August, 1848, was published in French. “Seeing,” says the Doctor,
“that an appeal has been made to me to give my testimony concerning
certain events at St. Denis, in 1837, I will do so in the interest of
truth and justice. I owe this to my friends, and to the country in
general.”
It is true that _M. Henri Cartier_[5] remarked that it would be
well to retreat, seeing the destruction caused by the discharges
of the enemy, the want of munitions, and the flight of a number
of persons of consequence. I strongly opposed this retreat; but,
notwithstanding that, Mr. Henri Cartier vigorously supported us
during all the day. M. GEORGE CARTIER never made allusion to the
retreat, and he like his cousin, M. H. Cartier, valiantly and
effectively contributed to the success of this struggle. And
these gentlemen only left me when I was myself obliged to leave,
nine days after this event, when the second expedition of troops
moved against St. Denis; resistance then having become
impossible, I sent M. George Cartier, towards two o’clock in the
afternoon, for some stores to St. Antoine, and he promptly
returned with succour, after about an hour’s absence. Mr. George
Cartier did not wear a _tuque bleu_[6] on the day of the battle.
WOLFRED NELSON.
MONTREAL, _21st August, 1848._
The authority of Dr. Wolfred Nelson must be accepted as conclusive
evidence respecting the personal courage of Cartier, who, it would seem,
acted in the capacity of _aide-de-camp_ to the valiant doctor. Cartier,
at this battle, was in the twenty-third year of his age. It was also
charged against him by some of his political opponents, that for his
participation in the events of 1837, a reward was offered for his head.
The present writer has not been able to verify this fact. The name of
Cartier does not appear in the lists of those for whose apprehension the
governor proclaimed rewards. Some time after the fight at St. Denis,
Cartier took refuge in the United States. Although he was unnamed in the
proclamations, his course of action was well known to the government. He
would have been arrested at the time if it had been possible, and his
fate would probably have been like that of his commander at St.
Denis—banishment. He returned secretly from the United States to
Canada, and remained in hiding for a time. His seclusion, however, was
not of very long duration. An intimation from the authorities assured
him that on presenting himself in public he would not be arrested. The
promise was faithfully kept. The result of Mr. Cartier’s participation
in the rebellion of 1837 was that for nearly ten years after its close
he took no active part in public life. In 1848, yielding to the pressure
of his friends, he was returned to parliament as the representative of
his native county of Verchères. He could not have made his entry into
public life at a more favorable moment for a man of the liberal
tendencies which then dominated him. The governor-general was the Earl
of Elgin, the greatest man, with the exception of the Earl of Durham,
ever commissioned by the British government to perform the functions of
viceroy of Canada. The Lafontaine-Baldwin cabinet, never before or since
excelled for ability and administrative talent, swayed the political
destinies of the province. A seat in the House of Assembly, for two
sessions, in the time of Baldwin and Lafontaine, was in itself a
political education. Cartier was an apt learner. In the session of 1850
he showed how well he understood the needs of his native province. In
that year Lafontaine proposed, in the House of Assembly, a series of
resolutions for the abolition of the Seignorial Tenure. Like every other
abuse which has the plea of age for its defence, the Seignorial system
found determined advocates. But its opponents were not only more
numerous, but had an infinitely better cause. Some great debates arose
on this subject, for it was one that went home to the whole body of the
French Canadian peasantry. It appealed, also, to the dearest interests
of the seigneurs. Cartier was one of those who offered strong opposition
to the tenure. As the representative of a purely agricultural county he
could take no other course, but the position he assumed was in
accordance with his convictions. In his place in the house he boldly
stated that that portion of the province which had been settled under
the Seignorial Tenure had not made as much progress as the part which
had been settled under the Free Tenure. He contended that it was as much
the advantage of the seigneur as of the tenant to abolish the Feudal
System; and that the proper time for so doing had presented itself. The
general opinion of the house was that the session was too far advanced
to deal effectively with the question. It was also considered that the
seigneurs had not had time enough afforded them to plead their cause.
The Hon. Robert Baldwin and Mr. Cartier were in favor of settling the
Seignorial question at once, and would have prolonged the session for
that purpose; but Mr. Lafontaine refused to consent. He considered that
the legal remedies proposed would not lead to a definite settlement of
the problem. He had no desire to reform and perpetuate the Tenure; he
wished to sweep it out of existence. The Tenure was abolished in the
year 1854, by the Hincks-Morin administration. Those two leaders having
retired in 1855, Sir Edmund Head, then governor-general, called upon Sir
Allan MacNab to form a Cabinet. Sir Allan allied himself with Colonel E.
P. Taché; and the latter on the 27th of January, 1855, selected Mr.
Cartier as provincial secretary. He was not eager for office. Under the
previous administration he had refused the position of commissioner of
public works. The Legislature, in 1856, devoted a great deal of
attention to the subject of public education. Mr. Cartier entered
heartily into the question. He had the principal share in preparing two
measures which were adopted by the house. The one provided for the
establishment of a Council of Public Instruction for Lower Canada, and
for allowing school municipalities to levy their own quotas. The other
authorized the establishment of Normal schools in Lower Canada, and
erected a permanent fund of $88,000, to be devoted to superior education
in that province. Part of this money was made up out of the revenues of
the Jesuits’ estates; $20,000 of it came from the Consolidated Fund. A
sum of $20,000 was at the same time voted for the purposes of superior
education in Upper Canada. The opposition endeavored to alter these two
measures. It was contended that the distribution of $88,000 by the
superintendent of education, under an Order in Council, would be placing
means of corruption in the hands of the government. It was further
contended that it was unconstitutional to deprive the House of Assembly
of the right to vote, annually, the public moneys. The arguments of the
opposition were sound, but were urged in vain, and the government
measures were carried. The MacNab-Taché administration, in 1856, fell to
pieces. There was weakness within its membership. There was, in
addition, the disturbing question of the settlement of the seat of
government. The house, at the end of a long and exciting debate,
resolved that, after the year 1859, the city of Quebec should be the
permanent capital of Canada. A considerable number of the
representatives of Upper Canada were discontented with this arrangement.
They considered that Quebec was too far removed from the centre of the
province. The government, in accordance with the resolution of the
house, placed in the estimates the sum of $200,000 for the erection of
public buildings. The Hon. Luther Hamilton Holton proposed the following
amendment:—“That the conduct of the administration on the subject of
the question of the seat of government, and on other questions of public
importance, has disappointed the just expectation of the great majority
of the people of this province.” The discussion which followed lasted
some days. The amendment of Mr. Holton was defeated by a majority of
twenty-three. But, among the forty-seven yeas, were thirty-three members
from Upper Canada; while, from that province, twenty-seven only voted
with the ministry. The vote was followed by the resignation of two
members of the government, Messrs. Spence and Morrison. These gentlemen
belonged to the Upper Canada section of the ministry. The Hon. John A.
Macdonald was the next to secede. He was of opinion that the vote on the
question of the capital had weakened the government, and as there was no
security that the same votes would not be repeated he thought it best to
remain no longer in the Cabinet. The Hon. Mr. Cayley, also from Upper
Canada, followed the footsteps of Mr. Macdonald. Sir Allan MacNab was
reluctantly forced to resign. The governor-general requested Colonel
Taché to form a new administration. He chose for his colleague the Hon.
John A. Macdonald, in the stead of Sir Allan MacNab. The new ministry
was virtually a continuation of the old one, with two exceptions: Mr.
Vankoughnet replaced Sir Allan MacNab in the Upper Canada section; Mr.
Terril replaced Mr. Drummond in the Lower Canada section. Mr. Cartier,
in passing from one ministry to the other changed his portfolio. He
became attorney-general for Lower Canada, in the place of Mr. Drummond.
His new office was no sinecure. The session which opened on the 26th of
February, 1857, was signalized by a ministerial project which was of
far-reaching importance to Lower Canada. This was the codification of
the Civil Laws, and of the Laws of Procedure. The measure was the work
of Attorney-General Cartier. He expended on it great industry; he made
it a labor of love. As he himself observed, the necessity of
codification made itself felt the more because the province was settled
by people of different races. The knowledge which everyone should
possess of the laws of his country could only be attained by
codification. The sources whence those laws were derived were so varied
that an acquaintance with them demanded great research. Part of the
civil laws of Lower Canada had been borrowed from the Roman law; part
from a body of jurisprudence known as the Custom of Paris; part was
found in the Edicts and Ordonnances, and in the Provincial Statutes. The
time was ripe for this great and beneficent work. The peasantry of Lower
Canada had been emancipated from the control of the seigneurs. The land
laws which had ruled them had been swept away, and an improved system of
jurisprudence, suited to the new state of things, was demanded. Mr.
Cartier was determined to satisfy this demand. But there were those in
parliament who wished to proceed farther than he then wanted to go. The
Hon. Mr. Drummond, attorney-general in the late administration, and an
able jurist, was of opinion that the laws of both provinces should be
assimilated, so that there might be but one code for Canada. The reply
of Attorney-General Cartier was to the effect that it was necessary to
begin first with the codification, of those laws which Lower Canada
imperatively demanded. After this, it would be time to think about
accomplishing what was proposed. The measure passed through the House of
Assembly and the Legislative Council without opposition. The
commissioners appointed by the government to codify the laws began their
labors in 1859, and finished them in 1864. Some readers of this sketch
will remember the occasion on which, in the Legislative Assembly in the
city of Quebec, Attorney-General Cartier rose to move the resolution
which would make the Civil Code the law of the land. He addressed the
house in French, and with more seriousness and deliberation than marked
his ordinary utterances. He spoke with the feeling of a man who is
conscious that he is placing the crowning stone on an edifice which has
cost him years of labor and anxiety to build. As he finished with the
words, “I desire no better epitaph than this—‘He accomplished the Civil
Code,’” the house did honour to itself and to him by a hearty burst of
applause. The eastern townships of Lower Canada are peopled mainly by an
English-speaking population. But the French Canadians, in course of
time, found their way into these districts. The result was, that there
were two systems of civil law. To remedy this evil, Mr. Cartier prepared
and carried through parliament a measure which introduced the French
Civil laws into the eastern townships, and rendered uniform the holding
of lands. Another most important measure which he succeeded in passing
during the session of 1857 was an Act for the Decentralization of
Justice. Its object was to cheapen justice, and to render it more easily
attainable. “The administration of justice in criminal cases, and in all
civil matter where the amount involved was over fifty pounds, was
confined to seven places: Quebec, Montreal, Three Rivers, St. Francis,
Aylmer, Sherbrooke and Gaspé, in a country exceeding seven hundred or
eight hundred miles in length.” The act divided Lower Canada into
nineteen judicial districts, adding twelve to those already mentioned.
It provided for the erection of courts of justice and prisons in the new
districts, increased the number of the judges of the Superior Court to
eighteen, and the number of the judges of the Court of Appeal to five.
The act provided that there should be four terms of the Court of Appeal
in Quebec, and made other regulations respecting procedure and the
salaries of the judges. The care and labor which this statute imposed on
Mr. Cartier, in originating it, in passing it through the house, and in
devising the multifarious machinery necessary to put it into successful
operation, were enough to have overcome a man of less mental and
physical energy. The majority of the people of Lower Canada welcomed the
Act with open arms, and it endeared its author to his French Canadian
fellow-countrymen. The parliament of 1857 had not been long in session
when the question of the permanent seat of government again came to the
front. In the previous session, as we have seen, the Assembly had
decided that Quebec should be the capital and had authorized the
expenditure of $200,000 for the erection of necessary buildings. But the
Legislative Council had refused its assent to the supplies. The
question, therefore, in 1857, was practically undecided: and so thought
a great many of the members. The ministry decided to overlook the
Assembly’s vote last session in favor of Quebec; and resolved to leave
the question of the permanent seat of government to the decision of the
Queen. The ministry further proposed that a vote of $900,000 should be
taken for the erection of new parliamentary and departmental buildings.
Attorney-General Cartier was of opinion that many of the members could
not have been serious in voting in favor of Quebec; his reason being
that they had voted immediately afterwards against the expenditure of
the $200,000. Besides, the Legislative Council had refused assent to the
supplies. The government would not act unless the two branches of the
legislature were in agreement; but it was impossible to have the consent
of the Council. The better plan, therefore, in his opinion, was to leave
to her Majesty the selection of the future capital of Canada. This
proposition was opposed by many members from the lower province. Mr. J.
E. Thibaudeau moved an amendment to the effect that it was not expedient
to take into consideration the question of the seat of government,
because it had been decided the previous session. He contended that the
rejection of the supplies by the Legislative Council was not a
sufficient ground for annulling the decision of the Legislative
Assembly, the more especially as many councillors from Lower Canada were
absent when the vote was taken. The amendment was lost. The same fate
befell a motion to make Montreal the seat of government. The result was
that an address to the Queen, praying her to select the capital, was
carried by a majority of nine. Her Majesty selected Ottawa as the seat
of government. On the 25th of November, 1857, Colonel Taché the nominal
head of the administration, resigned office, and the Hon. John A.
Macdonald was called upon to form a new government. He made no change in
the Upper Canada section of the cabinet. At his request, Mr. Cartier
proceeded to select the ministers for Lower Canada. His object was to
combine the two political parties in his native province. Two moderate
Liberals, Messrs. Belleau and Sicotte, accepted office under Mr.
Cartier. The offer of a portfolio to the Hon. A. A. Dorion was, with the
consent of Mr. Cartier, made through Mr. Sicotte. But Mr. Dorion refused
the inducement, and remained true to his political allegiance. The
Macdonald-Cartier administration was formed on the 26th of November,
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