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was a policy intended to act in the inter- flow steadily through the passes and val. ests of peace and harmony, since it was leys of the Alleghanies and to build up theo believed in England by others be- the great West. By 1840 the total popusides Pitt, that the two races would more lation of the United States was nearly happily, and successfully work out their eighteen millions, of whom one million five political fortunes apart from each other in hundred thousand now lived in Ohio, those early days.
seven hundred thousand in Indiana, five The total population of all British North hundred thousand in Illinois, over thirtyAmerica did not at that time reach one one thousand in Wisconsin - all States hundred and eighty thousand souls, of carved out of that North-West which was whom at least one hundred thousand were once claimed by France, and might have French Canadians. Nova Scotia was then remained in English hands, had English confined to her present provincial limits; statesmen been more firm and had felt New Brunswick extended from the Gulf any confidence in the future of Canada. of St. Lawrence on the east to the ill-de. The Federal Union of 1789 had, during fined boundary of Maine on the west, and this period, increased from thirteen to from Lower Canada on the north to the twenty-six States in itself very eloquent Bay of Fundy and Nova Scotia on the evidence of the material development of south. Lower Canada was then confined the country, and of the success of the fedto the country on both sides of the St. eral system of government. Lawrence River, from Labrador and the During this period of forty years CanGulf to the river Ottawa, which formed ada passed through some of the most trythe eastern boundary of the province of ing crises of her history, which have Upper Canada, which extended indefi- largely influenced her political and matenitely westward to Lakes Huron and Su- rial development to the present time. perior, and was bounded on the south by With the causes of the war of 1812 the the St. Lawrence River, and the Lakes. Canadian people had nothing whatever to By 1800 we find that the present Domin. do; it was quite sufficient for them to ion and the United States had practically know that it was their duty to assist En. entered on the work of developing the gland with all their might and submit to great country now within their respective any sacrifices, which the fortunes of war jurisdictions. The remarkable vigor and might necessarily bring to a country which enterprise, displayed by the people of the became the principal scene of conflict. new federation from the very commence- No Canadians would willingly see a repement of their history as an independent tition of that contest between peoples who nation, gave them a vantage.ground at the should be always friends, but they can outset over provinces with diverse nation. nevertheless look back to the history of alities and interests, without any common the struggle with the conviction that, bond of union except their fealty to En- wherever duty claimed the presence and gland, whose public men and people, as a aid of Canadians, they were ready and rule in those days, took little interest in never failed to show their ability to defend their development, and many of whom their land and homes. The history of the always seemed possessed by the idea that battles of Queenston Heights, Stoney it was only a question of time when these Creek, Chrysler's Field, Chateauguay, and countries would be absorbed in the Amer. Lundy's Lane, shows that they were not ican Union of States. The period, which won by English regulars exclusively, but extends from 1800 to 1840, was distin- that in all of them the Canadian volunteers guished by the remarkable progress made well performed their part. At Chateauby the United States in population, wealth, guay, Colonel de Salaberry, a French and national strength. Spain and France Canadian officer, with a small force of left the valley of the Mississippi forever, three hundred Canadians, gained so signal and the United States at last possessed a a victory over General Hampton, with at vast territory extending on the north from least four thousand 'men, that he was British North America, the Hudson Bay forced to retreat from Lower Canada. The Territory and Rupert's Land to the Rio war taught the United States that there Grande and the Gulf of Mexico on the was greater strength in Canada than they south, and on the east from the Atlantic to believed when they commenced hostilities. the Pacific Ocean on the west, where the “On to Canada” had been the cry of the nation claimed a great range of coast war-party in the United States for years; reaching even beyond the Columbia River, and there was a general feeling that the and embracing the valuable Oregon coun. upper province could be easily taken and try. The tide of population continued to held, until the close of the struggle, when
it could be used as a lever to bring En-ground that the war had repealed these gland to satisfactory terms or else be temporary liberties. The contention of united to the Federal Union. The result the Federal government was to the effect, of the war showed, however, that the peo- that the Treaty of 1783 was of “a peculiar ple of the United States had entirely mis- character,” and that because it contained taken the spirit of Canadians, and that the a recognition of American independence small population scattered over a large it could not be even in part abrogated by region with hardly a town of any la a subsequent war between the parties that importance, was animated by a stérn de- had agreed to its provisions. The propotermination to remain faithful to England. sitions laid down by the British governCanadians came out of the conflict with a ment in answer to this extraordinary confidence they had never felt before and claim, are unanswerable. In short, it was of their ability to maintain themselves in correctly argued that “the claim of an security on the St. Lawrence and the independent State to occupy and use at its great lakes. Although the war ended discretion any portion of the territory of without any definite decision on the ques. the other, without compensation of corre. tions at issue between the United States sponding indulgence, cannot rest on any and England, the rights of neutrals were other foundation than conventional stipustrengthened, and the pretensions of En. lation.” To quote the language of an able gland as to the right of search are not English writer on international law, this likely to be urged again in times of war. “indefensible pretension was abandoned But not only did the Canadians teach the in the Treaty of 1818, and "fishery rights people of the United States to respect were accepted by the United States as them, they gained a practical advantage having been acquired by contract." * The from the fact that it re-opened the ques. Convention of 1818 forms the legal basis tion of the fisheries. We have already of the rights, which Canadians have always stated that the Treaty of 1783 had con- maintained, in the case of disputes beceded large rights and liberties to the tween themselves and the United States fishermen of the United States on the as to the fisheries on their own coasts, banks and coasts of Newfoundland and of bays, and harbors of Canada. It provides the maritime provinces of British North that the inhabitants of tbe United States America. The people of that country had shall have forever the liberty to take, dry, claimed substantially that they had an orig. and cure fish on certain parts of the coast inal and prescriptive right in the fisheries of Newfoundland, on the Magdalen which they had used as British subjects Islands, and on the southern shores of in North America. In the Treaty of 1783 Labrador ; but they “repounce forever they were given the “right” to fish on the any liberty, heretofore enjoyed” by them Grand and other banks of Newfoundland to take, dry, and cure fish,“ on or withio and in the Gulf of St. Lawrence, and “at all three marine miles of any of the coasts, other places in the sea, where the inhab- bays, creeks, or harbors of his Britannic itants of both countries used at any time Majesty's other dominions in America ;' heretofore to fish; but they were to have provided, however, that the “ American only “ the liberty of taking fish on the fisherman shall be admitted to enter such coasts of Newfoundland, and also of "all bays and harbors, for the purpose of shelother of his Britannic Majesty's dominions ter, and of repairing damages therein, of in America ; and also of drying and curing purchasing wood, and of obtaining water, fish in any of the unsettled bays, harbors, and for no other purpose whatever.” The and creeks of Nova Scotia (then including American fishermen at the same time are New Brunswick], Magdalen Islands, and to be “under such restrictions as may be Labrador, so long as the same shall remain necessary to prevent their taking, drying, unsettled.” In the one case, it will be seen, or curing fish therein, or in any other there was a recognized right, and in the manner whatever abusing the privileges other only a mere “liberty” or privilege hereby reserved to them. It seems that extended to the fishermen of the United in the original draft of the treaty the word States. This clause in the treaty was one · bait ” appeared after “ water,” but it was of the concessions which Oswald conceded left out in the final agreement when the to the persistence of the American com-commissioners of the United States found missioners who attached great importance that they must concede this and other to the fisheries of the provinces; but after liberties previously enjoyed, in order to the close of the war of 1812, when it was obtain as extensive a territory as possible necessary to consider the terms of peace, the English government took a decided
• Hall, pp. 97-99.
for inshore fishing. Between 1818 and inces. In Upper Canada, as indeed was 1854, when the Reciprocity Treaty was the case in all the provinces, a bureaucracy arranged between the United States and ruled, and the name “family compact the provinces of British North America, was given in derision to the governing fishing vessels belonging to the former class. The imperial authorities were no country were frequently detained, seized, doubt dilatory in providing effective remand in some cases condemned for evasions edies; they were too often misled by of the treaty.
choleric military governors, little versed With the exception of this acknowledg. in political science; they were frequently ment of the fishery rights of the provinces, in a quandary on account of a division of the war of 1812–1815 gave no special opinion among the various provincial leadadvantage to the Canadian people. En- ers who were suggesting means of settling gland held during the war all the territory existing difficulties. Looking calmly and of Maine between the St. John and the dispassionately at the history of these Penobscot. Her flag also flew over Mack- times, we must admit that there is no inaw, the key to the North-West. “It is reason to conclude that British ministers not impossible,” says an American writer, were disposed to do the people grievous " that the war of 1812 for a time revived injustice, and sooner or later the questions English hopes of again recovering the at issue must have found a satisfactory North-West.... Only three of the thirty- solution. But Papineau, an impassioned two years lying between 1783 and 1815 orator and a rash popular leader, led a were years of war; but for one-half of number of his French Canadian compathe whole time, the British flag was flying triots into a rebellion which was easily on the American side of the boundary repressed. In Upper Canada, a little line. In the largest sense, therefore, the peppery Scotchman of the name of Macdestiny of the North-West was not as- Kenzie, who had done much in the press sured until the Treaty of Ghent."* Had and in the legislature to expose the defects the English seized this opportunity of and weaknesses of the political system, finally settling the western boundary of became impatient at the last, when public New Brunswick, the difficulties that after- grievances failed to obtain ready redress, wards arose might have been for once and and followed Papineau's example only to all settled, and Canada would have ob- see his conspiracy exposed and defeated tained a territory most useful to the com- before it obtained any headway. In no mercial development of the present province were the mass of the people Dominion. But in all probability the willing to join in a rebellion to gain politvictories gained by the United States at ical privileges which would be won in the Plattsburg and New Orleans had much end by steady constitutional agitation, and influence in inducing England to come to the exercise of a little patience on the terms with the republic, and it was fortu. part of its advocates. Papineau and some nate for Canada that she was allowed to of his friends went into exile, and several keep any control of her most valuable unruly spirits suffered death on the scaffisheries. Fate had decreed that the fold, though on the whole the English Mississippi River should flow continu-government acted with lenity through this ously through the lands of the new ration, trying ordeal. MacKenzie fled to the and that Canada should find in the valley United States, and industriously set to of the St. Lawrence one of the chief work to violate the neutrality of that sources of her prosperity and future country by collecting bands of ruffians in greatness.
the city of Buffalo for the purpose of in. Before the close of the period which vading Canada. The consequence was, we are considering clouds again appeared that the frontier of Upper Canada was on the Canadian horizon, arising out kept for months in a state of fever by his of the political troubles in Upper and criminal conduct, and the two countries Lower Canada. The representatives of were brought to the verge of war. The the people in the several elective assem- raiders seized an island just above Niagara blies were demanding that the legislative Falls on the Canadian side, as a base of councils should be elected by the people, operations, and a vessel was freely allowed that the people's House should have con- to ply between the island and the mainland trol of the revenues and expenditures, and with supplies. It became neces
cessary to that a larger measure of self-government, stop this bold attempt to supply the freein short, should be conceded to the prov- booters on Navy Island with the muni
tions of war, and a Canadian expedition * Hinsdale, The Old North-West, p. 185. was accordingly fitted out to seize the Car
oline, the vessel thus illegally employed. characters, who declared he had been She was cut from her moorings on the heard to boast of his part in the exploit. American side, her crew taken prisoners, The British goveroment at once took the one man killed, and the vessel set on fire sound ground that, in any case, the de. and sent over the Falls of Niagara. This struction of the Caroline was a public act was clearly one of those junctures when of persons employed in her Majesty's serno other means were available for protect-vice, and that it could not be justly made ing Canada from the lawless attacks of the occasion of “legal proceedings in the men who found the Caroline of great as. United States against the individuals sistance in their intended raid on Canadian concerned, who were bound to obey the territory. The United States' authorities authorities appointed by their own gov. had made no special effort up to this mo- ernment." The Washington government ment to prevent this upwarrantable use of evaded the whole question at issue by their soil by ruffians, and the Canadians throwing the responsibility on the State were forced by every consideration of self- authorities, and declared that they could protection to take the law into their own not interfere with a matter which was then hands. There was probably a technical within the jurisdiction of the State courts. violation of the territory of the United The matter gave rise to much correspondStates, but looking now at the whole ques-ence between the two governments, but tion spassionately, one cannot help feel happily for the peace of the two countries ing that a little more determination on the the courts acquitted Macleod, as the evipart of the government of the United dence was clear that he had had nothing States would have prevented all the diffi- to do with the actual seizing of the Caroculty that afterwards arose when they de- line, and the authorities at Washington manded an apology for an act which was soon afterwards acknowledged their renecessary on account of the absence of sponsibilities in such affairs by passing that “due diligence,” which they after- an act directing that subjects of foreign wards pressed in the case of the Alabama. powers, if taken into custody for acts done The government of the United States, or committed under the authority of their however, subsequently recognized their State, “the validity or effect whereof deobligations to Canada, and took measures pends upon the law of nations, should be to vindicate the neutrality of their territory. discharged.”. The imperial government
As we have already said, the year 1840 throughout this affair acted in a spirit of was a turning-point in the history of the much forbearance, and simply with the obmaterial and political development of Brit-ject of obtaining the acknowledgment of a ish North America. The two Canadas sound principle of international law, and were re-united under the name of the prov- it must be admitted that the Washington ince of Canada, and the basis was laid for authorities showed an unwillingness to the complete measure of self-government move determinately in the matter which that is now enjoyed by all the communities was very irritating to Canadians, although of the present Dominion. The total pop- allowance must be made for the fact that ulation of British North America now ex-l in those days the central government of ceeded one million of souls, of whom at the Federal Union was weak, and the least six hundred thousand were French principle of State sovereignty was being Canadians, who looked for a time with pressed to the extreme limit. suspicion on the union, under the belief Two other questions were settled during that it was a direct blow against their spe. this important period of Canadian history, cial institutions. As the years passed by, after having imperilled the peaceful relahowever, they found that they were treated tions of the two countries for years. By in a spirit of justice, and were able to ex- 1840 the question of the disputed territory ercise a potentinfluence in political affairs. between Maine and New Brunswick bad From 1840 to 1867 the relations of Canada assumed grave proportions. In a paper and the United States became much closer, of this character it is impossible to do and more than once assumed a dangerous more than give an outline of the opinions phase. In 1840 the authorities of New always entertained by Canadians on York arrested one Macleod on the charge question of a very complicated character, of having murdered a man who was em- to which reams of literature have been ployed on the Caroline. It appeared, how- devoted in the past. The first effect of ever, on enquiry, that Macleod had not the dispute on the material development actually assisted in the capture of the ves- of Eastern Canada was the failure of an sel, and that the charge rested on the effort that was made in 1835 to construct doubtful evidence of some questionable I a line of railway from Quebec to St. Ad
drew's on the Bay of Fundy, on account of nial trade until after 1867. In these later the clamor raised by the people of Maine, times a “ Canadian short line "railway has on the ground that the road would run been forced to go through Maine in order through territory which they claimed as to connect Montreal with Fredericton, St. their own. By the Treaty of 1783, the Andrew's, and the maritime provinces boundary was to be a line drawn from the generally. source of the St. Croix, directly north, to During this period was settled another the highlands which divide the rivers question which was the subject of much which fall into the river St. Lawrence; heated controversy between England and thence along the said highlands to the the United States for more than a quarter north westeromost head of the Connecti- of a century, and in 1845 brought the two cut River; and the point at which the due countries very close to war. In 1819 the north line was to cut the highlands was United States obtained from Spain a cesalso designated as the north-west angle of sion of all her rights and claims north of Nova Scotia. The whole question had latitude forty-two, or the southern boun. been the subject of several commissions dary of the present state of Oregon. By and of one arbitration from 1783 to 1842, that time the ambition of the United States when it was submitted to Mr. Daniel Web- was not content with the Mississippi val. ster and Mr. Alexander Baring, who were ley, of which she had at last full control by chosen by the governments of the United the cussion of the Spanish claims and by States and England respectively, to ar- the Louisiana purchase of 1803, but looked range all matters of controversy between to the Pacific coast where she made prethe two countries. The result was a tensions to a territory stretching from 42° compromise by which the United States to 54° 40' north latitude, or a territory obtained seven-tweliths, and the most four times the area of Great Britain and valuable section of the disputed territory, Ireland or of the present province of Onand Canada a much smaller and compara. tario.* The people of the United States, tively valueless tract of land. In fact, conscious at last of the importance of the after half a century of controversy, the territory, began to bring their influence to English government gave up to the United bear on the politicians, until by 1845 the States, in all, eleven thousand square Democratic party declared for “ 54° 40'or miles of land, or the combined areas of fight.” Mr. Crittenden announced that Massachusetts and Connecticut. It would " war might now be looked upon as almost be impossible to disabuse the great ma- inevitable.” Happily President Polk and jority of Canadians of the fixed idea, which Congress came to more pacific conclusions has come to them as the heritage of those after a good deal of warlike “talk," and the badly managed negotiations, that their result was a treaty by which England was interests were literally given away by the satisfied with the line 49° to the Pacific too conciliatory and amiable English en coast, and the whole of Vancouver Island, voy who knew nothing of the question, which, for a while, seemed likely to be and was quite indifferent, like most En divided with the United States. In fact glishmen of those days, to Canadian mat- England yielded all she had contended for ters. Lord Ashburton was practically since 1824, when she first proposed the pledged to a settlement at any price, even Columbia River as a basis of division. if it gave up all the territory in dispute to But even the question of boundary was the United States. The isolated prov- not finally settled by this great victory won inces in those days were endeavoring to for the United States by the persistency establish the principles of local self-gov- of her statesmen. The Treaty of 1846 ernment on sound foundations, and had continued the line of boundary westward little or no opportunity of exercising any along “ the 49° parallel of north latitude to direct influence in imperial councils on the middle of the channel which separates this question. If we look at the map, we the continent from Vancouver Island, and shall see at a glance the important effect thence southerly through the middle of the of this settlement upon the territorial lim- said channel and of Fuca's straits to the its of the present Dominion. The State Pacific Ocean." Any one reading this of Maine now presses like a huge wedge clause for the first time, without reference into the provinces of New Brunswick and to the contentions that were raised afterQuebec. As already stated, the persistency of Maine, fifty years ago, stopped * See the Quarterly Review for 1845-6 (vol. 77, pp. railway communications between the up- 526-563), where the English case is ably argued in all per and lower provinces, and practically stated in a recent work on Oregon, which is cited
its aspects. The case of the United States is fully prevented the development of intercolo- I head of this paper.