The relations of the United States to the Canadian rebellion of 1837-1838

Prefatory Note

It has been my design in preparing this thesis to accomplish three objects, so far as was practicable within the necessary limits of such a work. The first and foremost object has been to narrate the relation of the people in the border states to the Revolutionists of Canada; especially to describe the organization and workings of the various secret societies formed within the United States to advance the interests of the Canadian Patriots : the purposes of these societies to promote filibustering expeditions into Canada, and to involve the United States in war with England , and finally, the part played by them politically in the overthrow of the Democratic party in the northern states, have received extended consideration.

The second part of the plan has been to set forth in clear light the policy of the Van Buren Administration toward the violation of the neutrality laws on the northern border, and the international questions arising out of the border disturbances, such as the Caroline affair and the northeast boundary dispute. Furthermore, as several of the American leaders among the Patriots aspired to accomplish in Canada what Sam Houston had wrought in Texas, the policy of President Van Buren has been contrasted incidentally with that of President Jackson in regard to the filibustering expeditions fitted out in the southern states for the overthrow of the Mexican authority in Texas.

The third purpose is to show the action of the border states regarding the conduct of their own citizens during this period of intrigue and border raid, and also to note the conflict between State and Federal authority as clearly illustrated by the McLeod case.

The footnotes and the bibliography will show the sources from which the material has been obtained. Besides having the advantages of the library of the University of Michigan, many valuable documents and papers have been consulted in the libraries of Detroit, Buffalo and Toronto. I wish at this time to acknowledge the many courtesies received from the librarians at these cities ; especially the service rendered me in the matter of bibliography by Mr.

4 PREFATORY NOTE.

Frank H. Severance, the Secretary of the Buffalo Historical Society. I would further acknowledge the assistance of Professor A. C. McLaughlin of the Carnegie Institute for certain materials furnished me from Washington, and my indebtedness to Professor C. H. Van Tyne of this university for his helpful criticisms.

Orrin Edward Tiffany.

University of Michigan, Ann Arbor, June, 1905.

Chapter I. Colonial Misrule

Introduction. Canada Conquered by the English. Constitutional Act of 1791- Government of Upper and Lower Canada. Causes of the Rebellion. Revenues. Family Compact. Public Lands. Clergy Reserves. Mmor Causes. Restrictions on Immigration. Censorship of the Press, ihe War of Races. Shortsightedness of Home Government. Comment of Lord Durham Page 7

Chapter II. Leaders and Events

Lower Canada. Louis Joseph Papineau. Dr. Wolfred Nelson. Edmund Bailey O'Callaghan. Other Leaders. Upper Canada. William Lyon Mackenzie. Dr. Charles Duncombe. Dr. John Rolph. Marshal Spring Biddle. Other Leaders. The Work of Organization. The Rebellion of 1837. In Lower Canada. In Upper Canada. The Mission

of Lord Durham ^5

"Chapter III. Crossing the Border.

The States Welcome the Canadian Refugees. Assistance Rendered the Patriots. Americans Join in Raids Across the Border. Mackenzie at Buffalo. Navy Island Occupied. A Provisional Government Established. A Declaration of Rights Proclaimed. American Cooperation 23

Chapter IV. To the Verge of War

Navy Islanders in Need of a Steamboat. The Caroline Put in Commission. Her First Day Out. British Attack, and the Destruction of the Caroline. Governor Marcy s Message. President Van Buren's Message. Reparation Demanded from Great Britain. Preparations for War. ihe McLeod Case. Settlement of Caroline Affair 32

'• Chapter V. Evacuation.

The Attack on the Caroline a Rash Deed. The Forces on Navy Island Increased. Patriot Movements at Detroit. Attack on Fort Maiden. The Friendly Governor. Dr. Duncombe Fails at Revolution. Government Interference. Navy Island Evacuated. Raids Planned for Washington s Birthday. Fighting Island. French Creek. The Rebellion of 1838. Pelee Island. Close of Navy Island Campaign. Change of Leaders 4i

6 CONTENTS.

Chapter VI. Secrecy

Secret Organization of the Patriots. The Canadian Refugee Association. The Burning of the Sir Robert Peel. Clark's Point. The Short Hills Expedition. Canadian Refugee Relief Association. Handy's Secret Organization in Michigan. Plan to Rob Arsenal at Dearborn. Plan to Invade Canada 53

Chapter VII. The Hunters

The Origin and Development of the Hunter Lodges. The Cleveland Convention. The Republican Government of Upper Canada. The Republican Bank of Canada. Preparations for the Invasion of Canada. Prescott. Windsor. Disposition of the Prisoners 61

'Chapter VIII. Federal Interference.

The Futility of the Patriot Movements. Andrew Jackson and Texas. Van Buren's Change of Policy. Instructions to Federal Officers on Northern Frontier. The Vermont Border. Buffalo. President Hopes to Maintain Peace Without Troops. The Federal Laws Inadequate. The Demand for Troops. Scott to the Front. Six Hundred and Twenty-five Thousand Dollars Appropriated. The Neutrality Law of March, 1838. Scott Outbids the Patriots. Effectiveness of Government Interference 70

Chapter IX. Conflict of Authority

Canadian Views Regarding Interference. American Government Incomprehensible to Europeans. Attitude of Vermont, both the Government and the People. Of New York. Of Michigan 83

Chapter X. Dark Days

The Years 1839 and 1840. General Donald McLeod to the West. The Northeast Boundary. Marauding Expeditions. Trial and Imprisonment of Mackenzie, and of Van Rensselaer. Glorious News from England. The Lockport Convention. Causes of the Patriot Discouragement .... 92

Chapter XL Politics.

Unpleasant Duties Devolve upon the President. Political Effects. Campaign of 1838 in New York. The Hunters in Politics. The Presidential Campaign of 1840. Influence of the Hunters. The Trial of McLeod. New York vs. the United States. The Hunters Attempt to Break the Peace. The Washington Treaty. From Hunter to Fenian 102

THE

TO

THE CANADIAN REBELLION

BY ORRIN EDWARD TIFFANY^

I. Colonial Misrule.

The Rebellion of 1837- 1838 in Canada is of little consequence so far as military events are concerned; but the struggle marks a turning-point in Canadian constitutional development. While the evolution of the rebellion covers a period of forty years, producing different degrees of contention in the various provinces, the resort to armed force took place only in two provinces, Upper Canada or Ontario, and Lower Canada or Quebec. In fact, the revolutionary movements even in these two provinces were so futile that they scarcely deserve the name of rebellion. The results, however, were important: England was aroused to the neces-

1. A thesis submitted to the faculty of the Graduate School of the University of Michigan for the degree of Doctor of Philosophy, June, 1905.

2. Orrin Edward Tiffany is a native of Minnesota, who received his early training in district schools and the seminary at Spring Arbor, Mich. In 1895 he graduated from the University of Michigan with the degree of A. B., receiving the degree of A. M. the following year. He worked his way through college, all his studies being pursued at Ann Arbor except one summer spent at the University of Chicago. From 1896 to 1903 he was professor of history and economics in Greenville College, Greenville, 111., being Dean of the college, 1900-1903. He still holds a non-resident membership on the Greenville college faculty. The author's present address is Ann Arbor, Mich.

sity of changing her colonial policy in the Canadas ; and the sympathy excited in the United States produced a series of unfortunate border raids that severely taxed the military vigilance and friendly feeling of the two governments, and led to international complications ; while within the United States itself, the affair furnished new instances of conflict between State and Federal authority; and contributed somewhat to the defeat of the Van Buren administration and the downfall of the Democratic party.

Canada, originally a French colony, came to England by the treaty of Paris in 1763 which brought to a close the Seven Years' War, or the French and Indian War, as it is known in American history. This transfer of Canada to England took place just at the beginning of the controversies that led to the American Revolution and the loss of the thirteen English colonies. During this war Canada, being French and Roman Catholic, showed little sympathy with her Puritan neighbors in their revolutionary struggle.^

With the outbreak of the French Revolution the British Government, led partly by the desire to give the French Canadians good government, partly to please the loyalists who, recently driven from the States, had found new homes in the upper province, and deeming it, perhaps, advisable to anticipate any open demonstration of sympathy on the part of the French Canadians with the revolutionists of the mother country, passed the "Constitutional Act" of 1791. By this act of Parliament the colony was divided into Upper and Lower Canada. The government in each province was to correspond to the English model : in the place of the King stood a Governor appointed by the Crown ; for the Cabinet, an Executive Council chosen by the governor ; for the House of Lords, a Legislative Council appointed for life by the sovereign ; and for the House of Commons, a Representative Assembly elected from districts by the people on a restricted franchise.- Thus was representative government first established in Canada ; and with it beean the con-

2. Goldwin Smith, "Canada and the Canadian Question," 85-86: Bourinot, "Manual of Constitutional History of Canada," ed. 1888, 21.

stitutional and political difficulties which finally culminated in rebellion.

The Act of 1791, though granting important privileges, contained certain sources of weakness. By dividing the provinces England hoped to leave the French to themselves and to their own institutions; but such was not to be the result. The English were drawn to Quebec by the allurements of trade, and when once there, they struggled for political supremacy. Another source of weakness was the lack of responsible government in the English sense. The British element entrenched in the executive office, in the legislative council, and in almost exclusive access to the Home Government, could determine the governmental policy in the provinces irrespective of the legislative assem^- bly. Thus there began a conflict in Upper, or British Canada, for the establishment of the principles of English parliamentary government; and in Lower, or French Canada, began "the war of races" between the French elected element which predominated in the assembly and the English or the official element of the legislative council.^ The French demanded the election of the appointed legislative council; all the passion of race, religion, and politics became involved in the "irrepressible conflict." Parties arose; patriot leaders appeared; and a press devoted to reform scattered the seeds of political and constitutional strife.

From 1 79 1 to the close of the War of 181 2 the movement was slow and the demands for reform moderate ; from then on, the conflict became more aggravated. "The battlefields," says Goldwin Smith, "were the control of the revenues and the civil list, the composition of the Legislative Council (which the patriots desired to make elective that they might fill it with men of their own party), and the tenure of the judges, whom they wished to make irremovable, like the judges in England, in order to diminish the power of the Crown, besides minor and personal questions about which party feelings were aroused."^

1. Durham's "Report," Parliamentary Reports Canada, 1839. I, 8-9.

2. Goldwin Smith, "Canada and the Canadian Question," 88.

The disposition of the pubhc revenues finally became the center around which the two parties in Lower Canada contended for political supremacy. By the imperial statutes of 1774-1775, duties were to be levied for the sole benefit of the Crown in "defraying the expenses of the administration of justice and the support of the civil government of the province" ; and whatever sums remained were "for the future disposition of parliament." Besides the revenues the Government had exclusive control of "the casual or territorial revenues," arising from the Jesuits' estates, royal seignorial dues ; and certain moneys arising from timber and land. The assembly controlled only such revenues as it itself might levy. Sometimes the royal revenues were not sufficient to meet the needs of the Government : under such circumstances the military exchequer was drawn on for the balance. As time went on the deficit constantly increased, owing to the increased expense of maintaining the provincial administration. On the other hand, the provincial revenues tended to exceed the expenditures of the local legislature. The financial burdens of the War of 1812-15 caused the Government to draw heavily on the provincial revenues, until by 1817 it "had incurred a debt of a hundred and twenty thousand pounds to the province without the direct authority of the legislature." The war being over, the Home Government desired to end such questionable methods of raising funds by securing from the provincial legislature an appropriation covering the past indebtedness and providing for such contingencies in the future. This was the beginning of the financial difficulties that ceased not to agitate the provincial legislature until the outbreak of the revolt.^

Control of the purse was the demand of the popular assembly as the means of commanding political concessions and constitutional reform. The assembly not only refused to provide for the government civil list ; but even demanded the control of the revenues derived by imperial statutes. To such a degree did the obstinacy of the parties develop that the machinery of government became clogged and deadlock

TO THE CANADIAN REBELLION, 1837-38. H

resulted. In 1836, the controversy became so heated that the majority o£ the assembly asserted its right to set aside the constitution of 1791 : nothing short of an elective council would satisfy the demands for constitutional reform. The Home Government was petitioned and commissioners were appointed to investigate conditions in Canada. England was aroused to action; ten resolutions were introduced in Parliament ; the arrears of indebtedness were provided for, and some concessions as to the legislative council were made: but it was not deemed expedient to make it elective. The crisis was at hand. The standard of revolt was raised : "Vive la liberie !" "Vive la Nation Canadienne !" "Point de despotisme !" became the cry wherever the revolutionists predominated.^

In Upper Canada the financial disputes were less intense; and were more easily adjusted. In 1831 the assembly passed an act providing a permanent fund for the civil list and the judiciary with the condition that the government revenues be placed at its disposal. Now that the salaries of the judges were made permanent, the provincial legislature was permitted in 1834 to enact that the judges should hold office during good behavior rather than at the pleasure of the Crown as heretofore. Besides demanding an elective council the reformers of Upper Canada desired a responsible council ; and some even "wished to assimilate the institutions of the Province rather to those of the United States than to those of the mother country."-

Perhaps the chief object of attack was the so-called "Family Compact," which represented a political and social combination rather than a family connection. This became so all-powerful that it controlled all branches of the Government — "the executive, legislative council, and even the assembly where for years there sat several members holding offices of emolument under the crown."^ The banks, the finances, the Church of England, the judiciary, the public domain — all were monopolized by this bureaucratic aristoc-

2. Durham's "Report," 55.

3. Bourinot, "Canada, 1760-1900," 140; Goldwin Smith, "Canada and the Canadian Question," 109.

racy. This exclusive social circle was composed for the most part of the descendants of the loyalists who had faithfully stood by the king during the American Revolution ; and who, as a consequence, claimed special favors by way oi government patronage. With this class stood the descendants of the first settlers who had come before the war ; and certain retired officials from England coming hither to better their conditions. Thus the late comers and certain of the loyalists, for one reason or another, found themselves excluded from office and government favor. The result was the growth of a party opposed to the exclusive class — a reform party demanding an elective legislative council and responsible government ; and so desperate became the struggle that the whole machinery of government was brought to bear at the polls to defeat certain of the liberal leaders. Then came the open breach with the Government and an appeal to arms.^

Another abuse that furnished material for the agitator was the method of disposing of the public lands. In sad contrast with the efficient system of the United States, gross favoritism was shown in large gifts of land on purely personal or political grounds, 10,000 to 50,000 acres not being an uncommon grant to such persons. Thereby millions of acres were placed beyond the control of the Government: from eight-tenths to all the land was thus alienated in certain of the provinces by the time of the rebellion. A very small per cent, of these vast tracts of land was brought under cultivation ; and the difficulties and uncertainty of securing title, together with the separation of the settlers and difficulty of communication, reduced the agricultural class to the verge of existence, and the value of farm lands to a mere pittance. Immigration decreased, or was turned across the border into the more prosperous States. -

The greatest of grievances arising out of the land gran'.s was found in the Clergy Reserves. By the Constitutional Act of 1 79 1, the ecclesiastical as well as the civil polity of Great Britain was to be reproduced in Canada : provision

1. George Bryce, "History of the Canadian People," 387-388.

was made to affix titles of nobility to members of the upper house ; and for a church establishment by setting aside an eighth of the crown lands for the maintenance of a "Protestant clergy." Later, the Church construed the act to mean a seventh of the waste land; and "Protestant clergy" to mean the clergy of the Anglican Church. The attempt to fasten titles of nobility in America failed; but the church establishment took root and became the source of much trouble: the various other Protestant bodies demanded a share in the revenues, and not meeting with success in their demand, they later (1826) passed a resolution through the Assembly in Upper Canada that if it seemed inexpedient to grant a denominational division, the whole reserve should be devoted to educational purposes. The Church of England, however, backed by the powerful "family compact," maintained its hold upon the lands ; and in 1836 defied the opposition by establishing forty-four endowed rectories within the province. "But the action," says Sir J. Castell Hopkins, "created a feeling which, combined with other causes, broke into the ultimate storm-cloud of rebellion."^

Besides these main causes were numerous others of more or less importance, each of which contributed its share to the final reckoning. In Upper Canada, besides the general constitutional and political questions, the "family compact," the land grants including the clergy reserves, there was a sort of silent opposition to immigration due to the jealousy with which the dominant class wished to maintain their own exclusive interests. The franchise was granted on illiberal terms to immigrants from Great Britain; and immigrants from the United States were refused the right to hold land, so fearful were the loyalists of the liberalizing tendencies of the New Democracy. Even professional men from the home country had to undergo a long apprenticeship before being allowed to practice in the province. The narrow exclusive educational policy was another point of attack; while the close censorship of the press, and the persecutions of the agitators resulting in heavy fines, confiscations of property,

I. J. C. Hopkins, "The Progress of Canada in the Century," 218-219. See also, Hopkins, "Encyclopaedia of Canada," III, 136-166.

and even banishment, but added fuel by winning new martyrs to the cause of Hberty.^

In Lower Canada there was mingled with the general causes already mentioned a war of races : on the one hand, a Celtic race with French institutions of the old regime, the French language and the Roman Catholic religion — a people embittered by conquest. On the other hand, an Anglo- Saxon race with Teutonic institutions, the English language, the Protestant religion — a world-wide conquering and commercial people. Social seclusion and religious separation existed; political and commercial isolation were likewise sought by the French. Nor should the French Revolution of 1830 be overlooked ; for the French-Canadian leaders were touched by it and quickened into new activity. The liberalizing influence of the United States, though often silent, was a potent factor always present to urge on every lover of true representative government. The rule of the people, the industrial activity, and the commercial prosperity of the great republic to the southward, were in marked contrast to the semi-despotic rule of the governors, and the industrial and commercial stagnation of the provinces.-

And last but not least of the causes leading to the revolt, was the short-sightedness of the Home Government. The political changes in England effected a change of government on the average of once in five years. Little was known of the distant colonies in America and little care was taken in regard to them except to get along with them with as little trouble as possible. Moreover, since the loss of the thirteen American dependencies, it had been the policy of Great Britain "to govern its colonies by means of division, and to break them down as much as possible into petty isolated communities, incapable of combination, and possessing no sufficient strength for individual resistance to the Empire."^

Another weakness in the Colonial Government was the r. "Handbook of Canada," 152-153; Hopkins, "Progress of Canada in the Century," 220-223; Durham's "Report," 35.

method of appointing the governors. Instead of selecting men with executive capacity, relying on their knowledge of local affairs to govern the provinces as the real representatives of the Crown, the governors were appointed through the colonial office ; given full instructions as to their method of procedure ; held responsible for carrying out the same ; and were then recalled for not being able to conciliate the people whom they were supposed to rule in peace and equity. Thus governors were forced to carry out a policy foreign to the interests of the people ; or waste valuable time in what too often proved a futile correspondence with the colonial office. Hence, where conditions called for a vigorous administration of the royal prerogative, a weak, hesitating policy was pursued. A biting comment on the two centuries of England's colonial policy is summed up in the remark of Lord Durham in 1838: "The experiment of keeping colonies and governing them well ought at least to have a trial."!

II. Leaders and Events.

The leaders most closely associated with the Patriot uprising are Louis Joseph Papineau of Lower Canada and William Lyon Mackenzie of Upper Canada. Papineau was born in Montreal, 1789, educated in the Seminary at Quebec ; elected to the Assembly in Lower Canada at the early age of twenty, and by 18 17 was made Speaker of the Assembly, which position he held, but for one short interval, until the rebellion. He was a brilliant orator ; a deep student of politics ; energetic and aggressive ; but vain and lacking in that mental equipoise essential to a true statesman. In his aspirations to lead his countrymen to successful revolution and republican government, he has been thus contrasted with Washington: "As the Canadian rebellion differed in all respects from the American war of independence, so was the impassioned, prejudiced, and imprudent Louis J. Papineau, the antipodes of the sober, impartial, and prudent

I. Ibid., 25, 37, 38; "Handbook of Canada," 151.

George Washington. One loved himself, the other loved his countrA'. The Canadian advocate, whose battles had ever been one of words, regardless of his countrymen, desired to raise himself to supreme power in the state; the American soldier, who had faced many a danger by flood and field, sought only the happiness of his citizens."^

Closely associated with Papineau in the struggle for political liberty in the lower province was Dr. Wolfred Nelson, of English birth, and a radical member of the Assembly. Having been educated at IMontreal, he began the practice of medicine at St. Denis. During the War of 1812- 15, he served in the army as a surgeon and learned something of military tactics. A man of wealth, scholarly attainments, and good judgment, he was highly respected, and wielded great influence over the people of the southern counties.

Another Liberal who finally took part in the uprising was Edmund Bailey O'Callaghan. A native of Ireland, carefully educated both at home and in Paris, he came to Canada in 1823 and continued his studies in medicine at Quebec. His wit, genial manner, earnest character and professional skill soon won him an extensive practice. He earlv took part in political life : he took part in the organization of the Society of the Friends of Ireland. In 1834 he became editor of the Vindicator which so boldly championed the Patriot cause that the office was attacked and destroyed by the tory Doric Club. In 1835 he was made a member of the Assembly and there nobly supported the revolutionary party. When the meeting took place on the Richelieu to determine the final course of action O'Callaghan was present and supported Papineau in condemning the proposed resort to arms; but when the crisis came he joined the Patriots, took part in the engagement at St. Denis, and when failure came to their cause, he joined Papineau in flight to the United States.

Other names connected with the revolt were : Thomas Starrow Brown, an American who had found his way to Canada, engaged in the iron retail trade, and politics —

I. MacMullen, "History of Canada," 414.

withal, an enthusiastic applauder of the liberty movement, who by some means became leader in certain engagements only to display utter lack of courage and generalship; Amerry Girod, of doubtful nationality, a linguist of some note, a man who, before coming to Canada, had gained some military experience as lieutenant-colonel of cavalry in Mexico — an extremist of the most violent type, who with Dr. Chenier became leader of the uprising at Saint Eustache ; and Dr. C. H. O. Cote, a tory hater, who after the suppression of the revolt in Lower Canada became, together with Dr. Robert Nelson, an active organizer of border raids.

The father of the Upper Canadian revolt was William Lyon Mackenzie. "A wiry and peppery little Scotchman" ; honest, brave, energetic; but ruthless in his exposure of wrong and wrong-doers : a man of strong personality, but unsafe in council, and oftentimes intemperate in word and action. Many were the vicissitudes of this extremist. Elected a radical member of the Assembly in 1828, he was again and again expelled by the influence of the "family compact," only to be reelected by a devoted and enthusiastic constituency. His vituperative pen, also, aroused against him bitter enemies : at one time it lost him the public printing ; at another it led to the sack and destruction of his printing press. He was withal a born agitator, a man more suitable to engender strife and augment revolt than capable of exercising the patience and tact necessary to command large forces of men, or the judgment essential to political reorganization and true statesmanship.^

The leader of the western division of the organization for revolt was Dr. Charles Duncombe. He was a native of the United States who had settled in the province after the War of 18 12 ; he became a large purchaser of land, and in his professional capacity supplied a much needed want in the western region of that day. Being a skilful physician and a man of affable disposition, he soon obtained considerable means, and became extremely popular. His popularity and liberal views led after a time to his election to the Assembly ; where being selected by the reform party as a suitable per-

I. Charles Lindsey, "Life and Times of Wm. Lyon Mackenzie."

son to represent their claims to the Home Government, he was sent to England. On faiHng to obtain a favorable hearing, he returned embittered against the ruling class ; and when approached by Mackenzie readily gave him his support in favor of a "grand political demonstration."

More intimately connected with Mackenzie in his attempt at revolution was Dr. John Rolph, a lawyer and a physician; a subtle-minded and sagacious reformer, who urged on the organizations for revolt by accepting the chief position in the proposed provisional government; but who, when the revolt broke out, played the double part of acting openly as the agent or "truce bearer" of the governor while at the same time he secretly incited the insurgents to action. Another associate was Marshal Spring Biddle, a man of lofty aims and commanding eloquence, and, for a time, speaker of the Assembly, who, when the crisis came, though abstaining from any open assistance, sympathized with the revolt until, suspicion being aroused in the Lieutenant-Governor, he allowed himself to become expatriated rather than face the probable results of an arrest and trial. Besides these there were other persons, some of whom halted at the verge of armed resistance, such as Drs. Morrison and Baldwin, or paid the penalty of their rashness with their lives as did Lout and Montgomery; while there were others who pined away in jail, or suffered banishment, not to mention the leaders of the hundred and fifty various local organizations pledged to the overthrow of the existing form of government.^

While the uprisings in Upper and Lower Canada were simultaneous, and while a deep sympathy existed between them, the two movements were quite distinct in origin and in development, as a study of the causes of the insurrection in the respective provinces clearly shows. The occasion of the rebellion in each is equally distinct. As already noted, the refusal of Parliament to grant the request of the French Canadians for an elective franchise led to a violent outburst of feeling: Papineau was ready for anything — independence, or even annexation with the United States. Agitation everywhere became fierce. The various local commit-