AUTHORITARIANISM,CONSTITUTIONALKM AND TKE SPECIALCOUNCIL OF LOWERCANADA, 183 8- 1841. Steven Watt McGill University, Montreal. My, 1997. A thesis submitted to the Faculty oPGraduate Studies and Research in partial hlfilment of the requirements of the degree of Master of Arts. O Steven Watt, 1997. 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Abbreviations ....................................-3 Abstract .........................................4 AcknowIedgments ................................ -5 Introduction .....................................-6 Chapter 1 .Authoritarianisrn ......................18 Chapter 2 .Constitutionalism ..................... -55 Chapter 3 .Alienation ............................96 Conclusion .Reconstruction Reconsidered .......... 138 Bibliography ...................................143 ABBEZEVIATXONS USED IN FOOTZYBTES DCB Dictionmy of Canadian Biography JSCLC Journais of the Special Council of Lower Canada OSCLC Ordinonces of the Special Council of Lower Canada MA McCord Museum Archives MCA Montreal Constitutional Association NAC National Archives of Canada QC A Quebec Constitutional Association Following the 1837 Rebellion in Lower Canada, British authorities suspended the province's constitution. From April 1838 until February 184 1, legislative power was vested in an appointed Special Council. This was a authoritarian institution, designed to facilitate the passage of a single Iegislative agenda, and not to act as a forum for debate. Even if the creation of the council marked a moment of imperial intervention, the changes imposed by the council were largely those envisioned by a tower Canadian political movement, the Montreal Constitutional Association. As time went on, the Special Council's rnembership, powers and legislation increasingly reflected Constitutionalist values. However, not al! Special Councillors shared the Constitutionalists~goals. Men like Pierre de Rocheblave and John Neilson consequently found themselves alienated from the council and its work. But those who opposed the Constitutionalists found themselves powerless to alter the course of events. In the end, the authoritarian nature of the Special Council meant that only one vision of the province's future could be put forward in the institution's legislation. Après la rébellion de 1 837 au Bas-Canada, le gouvernement britannique suspend la constitution de la province. Un Conseil spécial, dont les membres sont nommés par le gouverneur, est créé afin de se charger de la législature du Bas-Canada durant trois ans, soit d'avril 1838 à février 184 1. Cette institution est despotique puisqu'elle n'est pas une lieu de débat ce qui facilite l'adoption d'un seul programme législatif. Même si Ia création du Conseil spécial constitue une intervention impériale dans les affaires bas-canadiennes, les changements qu'il apporte sont conçus par un mouvement politique bas-canadien, voire le Montreal Constitutional Associafion Les allégeances membres, les pouvoirs et la législation du Conseil spécial reflètent de plus en plus leurs valeurs de cet association. Les membres du Conseil spécial qui s'opposent aux intérêts du Montreal Constitutional Association, tels Pierre de Rocheblave et John Neilson, sont périodiquement écartés de leur pouvoir. Malgré lescontestations de ces derniers, le despotisme du Conseil spécial restreint les législateurs qu'à ne considérer qu'une seule vision de l'avenir de la province. I would like to express my heartfelt thanks to al1 those who helped me, either directIy or indirectly, in the completion of this thesis. The staff of the National Archives of Canada in Ottawa, the Bibliothèque Nationale du Québec in Montreal, and the inter-library loan service at McGill's McLennan Library were always helpful and efficient. Pamela Miller and Suzanne Morin at the McCord Museum archives, and Judith BerIin at Château Ramezay Museum were always ready to accommodate me, no matter how short the notice. As my advisor, Brian Young gave me just the right balance of freedom and good advice. Jarrett Rudy agreed to be subjected to my first draft and gave me a slew of invaluable suggestions. René Guindon helped me with some last-minute revisions on extrernely short notice. Over the last several years, my family has consistently supported me, both financialIy and emotionally, in my studies. Last but certainly not Ieast, Andrée MacMiilan has put up with my stress and mood swings over the last year, especially during the latter part when I finally realized that 1 would have to actuatly get around to writing a thesis. And after al1 that, she even agreed to proofread. Legislative institutions were at the centre of the turmoil which marked Lower Canadian politics in the years leading up to the events of 1837 and 1838. Histories of the Rebellions inevitably focus on the Patriot party's rise to power through its control of the Legislative Assernbly, The 92 Resolutions of 1834, voted on by the Lower Canadian assembly, became the manifesto ofthe Patriot Party. Meanwhile, the Patriots' demand that the Legislative Council be made elective was a major bone of contention, while the defense of the appointed body was a important rallying point for anti-Patriot forces. The British Government's response to the Patriot demands - Russell's 10 Resolutions of 1837 -was approved by the Imperia1 Parliament and also marked a pivotal moment in Lower Canadian political history. By the summer of 1837, Lower Canada was in a state of complete political deadlock, a fact symbolized by the final meeting of the province's legislature. No legislation was passed during the session, which was quickly promgued by a fmstrated Lord Gosford. Ultimately, foilowing the Rebellions of 1 837-38, the 'cure' chosen by British authorities for Lower Canada's political ills was to create a single legislature for Upper and Lower Canada. However, before union became a reality, Lower Canada was subjected to three years of what can easily be described as authoritarianism. An appointed legislature known as the Special Council of Lower Canada was given the power to make laws for the province from Aprii 1838 until early February 184 1. Six sessions of the Special Council were held under three different British governon, namely Sir John Colbome, Lord Durham, and Charles Poulett ~homson.' Although at least 44 individuals were appointed to the council, some never took their seats and no more than 26 attended at any particular session. In any case, they were al1 chosen by the govemor, suggesting that agreement on major issues was virtually guaranteed. This predictability would make an institutional study of the Special Council seem a less-than- interesting proposition. A more promising course of study would be to look at the significance and effect of the council's Iegislation on Lower Canada. After all, the period 1838-41 is one where historians have perceived a fundamental transformation of the the Lower Canadian state, and the legislation of the Special Council has been recognized as playing an important role in this J '~lthoughColbome was made Lord Seaton in 1839, and Thomson was made Lord Sydenham in 1840, for the sake of unifomity I will refer to them both by their surnames throughout this thesis. transformation. Jean-Marie Fecteau is far fiom alone in drawing a thick "ligne de partage" somewhere between December 1 837 and February 184 1, delineating an important shift in the balance and nature of political power in Quebec socie~.~As the temporary replacement for the deadiocked Lower Canadian legislature -sweeping away al1 traces of the larterTspopularly eIected aspects -the Special Council passed dozens of ordinances which made significant changes in Lower Canadian law over the short and long terms. Brian Young claims that "the Special Council's work subjected a whole envelope of social relations - the family, childhood, marriage, community, work. and region - to a regime of positivce law and an expanding role for the state."' Putting the changes imposed by the council in the contexts of the Rebellions, Allan Greer writes that in the years foliowing the fighting, the British colonial regime was not so much restored as reconstituted. The state, in its administrative and executive aspects, grew enormously in size, scope, and power. [...] The provincial Assembty of Lower Canada was gone for good; in its place, an appointed Speçial Council (1838-41) was fiee to pass unpopuiar measures in fields such as law, property, and municipal govemment.'"