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Friday, 4 March 2011

Patriote notions of independence

The genesis of modern Quebec nationalism is intimately linked to the Patriote movement that from the outset was liberal, progressive and republican. Patriotes championed the principle of ministerial responsibility, attacked political corruption, defended freedom of the press and the principle of social justice, but the movement is not thought to have advocated national independence. This is reflected in the cursory treatment of the Patriote contribution by Maurice Séguin in his Histoire de l’idée d’indépendance.[1] However, no event within Quebecois nationalism is more akin to its modern formulation than the Patriote movement led by Louis Joseph Papineau. Like contemporary neo-nationalists, he defined civic identity through political and democratic liberty where a secular state preserved the culture and language especially through education and integration of immigrants.

Since the 1960s there has been a widespread belief that the francophone community in Quebec is an endangered society and that, for it to survive, it needs to assume independent sovereignty as the only francophone state in North America. However, such reasoning did not exist in 1837 largely because the principle of nationality was still in an embryonic form. Bolivar, O’Connell, Papineau and De Lorimier were products of the Enlightenment and their focus lay primarily with the defence of politically oppressed people rather than with rescuing a national community that was worth protecting. Patriote thinking, whether in newspapers, political essays or speeches was first and foremost a matter of defending the rights of the ‘majority’ against abuse by the ‘minority’ in the name of justice and equity, despite considerations of language, culture or identity. Allusions to the French heritage were on balance few and were expressed in terms not of nationality but of rights to be protected as ‘sacred property of the people and must therefore be defended enthusiastically by its representatives.’ Whether the idea of independence was for Patriotes a logical and inevitable consequence of the achievement of democratic rights is debatable since, apart from the declaration of independence in February 1838 proclaimed in particular to consolidate support for the coalition led by Robert Nelson and Cyrille-Hector-Octave Côté, the idea of Lower Canadian independence was not the subject of intense discussion largely because it seemed inevitable. For Papineau and his followers, there was a sense of urgency to determine the political and social conditions that could bring about the birth of the new State because ‘It is certain that before little time has passed, all of America must be republican.’

However, as political and constitutional developments after the rebellions demonstrate, the Patriote argument that achieving fundamental rights such as free press, honest government, impartial judges and ministers accountable to elected representatives or the democratisation of Lower Canada did not inevitably lead to independence. Responsible government created a colonial state with devolved powers that was accounatble to the people and that could protect francophone minority rights within a state constitutionally linked to the British imperial state. Although calls for an independent sovereign French state were legitimate Patriote aspirations, the Patriote plan to achieve independence had more than one possible outcome.

Patriote discourse evolved towards a more radical position from the first editorials of Le Canadian in 1806 to the Declaration of Independence of Lower Canada in 1838. Central to the development of the idea of independence and to the ideological cohesion of the movement was Louis-Joseph Papineau, from his election to the West Ward of Montreal in 1808 through to his final attempt to rally the support of France and the United States in 1838-1839. In his leadership of the successful opposition to the ‘Tory plot’ to unite Upper and Lower Canada in 1822-1823 and his confrontation with Dalhousie over subsidies in 1827-1828, Papineau was the major influence on the course of events. During the 1820s, Patriotes sought to remove corruption from high public office and to increase the powers of elected representatives. However, in the early 1830, Papineau took his party in a more radical direction calling for the election of the Legislative Council and the responsibility of the executive to the Assembly. These two principles, direct election of the Legislative Council and political accountability of the executive, were at the heart of the 92 Resolutions and of all almost of the public meetings held in 1837.

The case for independence can be found in other documents as well as the 92 Resolutions.

 

Title

Authors

Date

Size

Link with the idea of independence

92 Resolutions

L.-J. Papineau, A.-N. Morin, E. Bedard

February 1834

15, 210 words

Independence was inherent in the achievement of democratic rights and increases in the power of elected representatives

Resolutions of Saint-Ours

Unknown

7 May 1837

1,520 words

The people only source of legitimacy. The Imperial Parliament has no right to conduct business

Speech at St-Laurent

L.-J. Papineau

15 May 1837

12, 130 words

The people have the duty to replace the imperial authority that has shown itself to be unfit to govern Canada

Adresse des Fils de la liberté de Montréal aux jeunes gens des colonies de l’Amérique du Nord

Andre Ouimet

4 October 1837

2,800 words

It is the destiny of all North America to follow the path charted by the United States

Speech to the Confédération des Six Comtés au peuple du Canada

L.-J. Papineau, Amury Girod and Pierre Boucher-Belleville

24 October 1837

2,800 words

The foundations for a constituent assembly to give a new constitution in Canada

Declaration of independence of Lower Canada

Cyrille-Hector-Octave Côté and Robert Nelson

28 February 1838

926 words

Complete independence of Canada with a republican government

Testament politique

Chevalier De Lorimier

15 February 1839

703 words

The idea of independence is inseparable from the struggle for democratic rights and freedom

The assembly of Saint-Ours on 7 May 1837 was the Patriote response the Russell Resolutions details of which had reached Lower Canada the previous month. The Declaration of Saint-Ours consisted of a preamble and eleven resolutions restating the historical claims of the Patriotes and denouncing the colonial administration for usurping constitutional rights vested in the Assembly. The eighth resolution is probably the best known and called for a boycott of British goods in order to deprive the British administration of revenue collected in the colony. But Saint-Ours marked a turning point by openly addressing the breaking of colonial ties, ‘Ne nous regardant plus liés que par la force au gouvernement anglais.’ The resolutions of Saint-Ours were printed in the Patriote press on 8 and May 9 and served as a model for resolutions passed elsewhere along the St. Lawrence during the summer of 1837.

A week later, a large gathering was held at St. Laurent culminating in a speech by Louis-Joseph Papineau that was of a size and quality that stands out from other of his orations. Papineau tokk up the calls for a boycott and sovereignty of the people made at Saint-Ours: ‘C'est la marche qu'ont pris les Américains, dix ans avant de combattre. Ils ont bien commencé, et ils ont bien fini dans des circonstances semblables à celles où nous sommes placés.’ Carefully prepared in advance, the speech was publicised by the Patriote press the following day. Papineau reiterated his views at meetings at St. Scholastique on 1 June, Berthier on 18 June, in Quebec City on 28 June, where he was the guest of honor, at Acadia on 16 July, the day after in Napierville, then Kamouraska, Saint-Thomas de Montmagny, L’Assumption and Varennes, as late as 10 September. This series of speeches represented the culmination of Papineau’s radicalism but was followed by an ideological retreat to avoid slipping into revolution.

On 4 October 4, young Montrealers of the radical Fils de la Liberté published their Adresse des Fils de la liberté de Montréal aux jeunes gens des colonies de l’Amérique du Nord. It contained explicit allusions to the American Revolution and the idea of independence: ‘

L’autorité d’une mère-patrie sur une colonie ne peut exister qu’aussi longtemps que cela peut plaire aux colons qui l’habitent; car ayant été établi et peuplé par ces colons, ce pays leur appartient de droit, et par conséquent peut être séparé de toute connexion étrangère toutes les fois que les inconvénients rendent une telle démarche nécessaire à ses habitants.

The address of the Fils de la Liberté caused some concern in the entourage of Papineau because of its vocal radicalism.

Three weeks later, the speech to the Confédération des Six Comtés au peuple du Canada even more openly expressed the idea of independence and reflected less the thinking of Papineau as that of Amury Girod and Pierre Boucher-Belleville. The meeting was held at St. Charles on 22 and 23 October to lay the foundation for a confederation of comtés to the south of Montreal prior to the convening of a constituent assembly of delegates from Lower Canada in December 1837 to draft a new constitution for Lower Canada. Meanwhile, the address of the Six Comtés stated that

...les autorités publiques et les hommes au pouvoir ne sont que les exécuteurs des vœux légitimement exprimés de la communauté qui doivent être déplacés du pouvoir dès qu'ils cessent de donner satisfaction au peuple, seule source légitime de tout pouvoir.

After the defeat of the first rebellion in November and December 1837, hundreds of rebels fled to the United States and from the states of New York and Vermont took part in ‘raids’ intended to harass British troops and cause a border dispute with the United States. The incursion of 28 February 1838 and the declaration of independence in Caldwell Manor was one such operation. Terse, direct and fundamentally radical, the Statement proclaimed at the outset

Qu'à compter de ce jour, le Peuple du Bas-Canada est absous de toute allégeance à la Grande-Bretagne, et que toute connexion politique entre cette puissance et le Bas-Canada cesse dès ce jour.

The influence of Papineau, who preferred an approach through diplomatic channels with the United States and France, was now missing from its eighteen articles and they were the work of Nelson and Côté. Although it represented a declaration of independence, it included some of the older demands concerning seigneurial tenure, imprisonment for debt and the monopoly of the British American Land Company in an attempt to garner cooperation from those who still supported Papineau. The Statement was reissued after 4 November in Napierville during the second rebellion. It had no historical influence but provides evidence of nascent modernity of Patriote thought.

The brutal repression of the rebellion in November 1838 saw 816 prisoners crowded in Montreal gaol. Their letters provide a valuable insight into Patriote thinking in defeat, among them the political testament written by the notary François-Marie-Thomas Chevalier De Lorimier on the eve of his execution on 15 February 1838. It is distinguished by its formal quality and skillfully distilled emotion appeal but was unusual since it did not adopt the rhetoric of English lawyers, but the ideas of the Enlightenment and the founding fathers of American independence by ending with ‘Long live freedom, long live independence.’

Despite the importance of the statements made in 1837 and 1838, none had greater influence than the 92 Resolutions or were so widely disseminated across all Patriote publications until 1837. Although it is important to stress that this was not inevitable, politically, the 92 Resolutions in 1834 began the process that culminated in the rebellions in 1837 and 1838 because they caused the recall of Lord Aylmer and the creation of Gosford commission whose conclusions led to Russell’s Ten Resolutions in March 1837. The 92 Resolutions represent an ideological standard against which we must judge Patriotic rhetoric on issues such as the idea of independence. The critical question is whether or not the Resolutions were a statement for more than calls for parliamentary sovereignty. Other texts were often more patriotic and contained more hard-hitting messages but they did not have either the broad appeal of the 92 Resolutions or Papineau’s authority behind them.

The 92 Resolutions were in the tradition of the humble petitions submitted to the British Parliament, a political process that Canadian reformers had mastered since 1791. Their origins can be traced back to the political crisis of 1828 that resulted in the recall of the unpopular Dalhousie and parliamentary commission that reported on the complaints of Lower Canadian representatives. One of the reasons for the Resolutions in 1834, as expressed in Resolution 8, was Patriote impatience that

...les recommandations du comité de la Chambre des Communes n’ont été suivies d’aucun résultat efficace et de nature à produire l’effet désiré.

More generally, the humanitarian crisis of cholera in 1832, a by-election in Montreal West where three Patriotes are killed by British troops and the appointment of opponents to the Executive Council led Papineau to express Patriote grievances at the solemn opening of the session.

Written quickly at the beginning of 1834, over five consecutive nights by a small group including Louis-Joseph Papineau and Augustin-Norbert Morin at the house of Elzéar Bedard in the rue d’Auteuil, Quebec City, the Resolutions were ready for the start of the session. On 14 February, the Assembly established a Committee of the Whole House to ‘take into consideration the state of the province’. Both as a statement of grievances and as a political manifesto, the 92 Resolutions represented the sum of the complaints and claims accumulated by the Parti Patriote since the early parliamentary struggles. On occasions difficult to understand and over moralistic in tone, they were intended less to incite Lower Canadian voters than to warn the British government of the parlous situation in the colony, something effectively summarised in the Resolution 88

...de travailler à l’amélioration des lois et de la constitution de cette province, en la manière demandée par le peuple ; à la réparation pleine et entière des abus et griefs, dont il a à se plaindre, et à ce que les lois et constitutions soient administrées à l’avenir d’une manière qui se concilie avec la justice, l’honneur de la couronne et du peuple anglais, et les libertés, privilèges et droits des habitants de cette province et de cette chambre qui les représente.

This required the repeal of the 1791 Constitutional Act because it had palpably failed to deliver effective and responsive governance.

Having recalled the loyalty and commitment of the Canadian people to the British Crown, especially during the wars against America in 1775 and 1812 (res. 1-8), the document then turned to the question of the Legislative Council, the source of all evils of the colony (res. 9-40). It criticised its method of appointment, its collusion with the executive and its obstruction to Assembly legislation (302 projects was blocked between 1822 and 1834). Since the turn of the 1830s, the Parti Patriote had shifted its position abandoning the issue of subsidies to focus on the Legislative Council calling for its members to be elected by the people and, in Resolution 21‘que les sujets de Sa Majesté en Canada n’eussent rien à envier aux Américains.’ Resolutions 41 to 47 called for political institutions that conform to the social status of French Canadians and in the succeeding resolution for the triumph of the elective principle to make institutions more ‘popular’. It then discussed the example of the American Revolution (res. 48 to 50), denounced denial of the rights of French Canadians (res. 51 to 55) and an end to existing laws of tenure (res. 56-62). Resolutions 64-74 reiterated demands for control over the budget by the Assembly and Resolution 75 to 78 denounced the administration of justice. Resolutions 79 to 83 demanded that the Assembly should have the same powers, privileges and immunities as those enjoyed by the Imperial Parliament. Resolution 84 listed specific complaints about the composition of the Executive Council, the exorbitant fees charged by the administrative and judicial branches of government, the bias of judges and the total of places and jobs. In Resolution 85, the Aylmer was attacked and indicted for corruption. Resolution 86 demanded the ‘independence’ for the two councils while the two succeeding resolutions expressed gratitude to Daniel O’Connell and Joseph Hume for their support. Resolution 89 established committees of correspondence in Quebec and Montreal to keep abreast of developments in the British House of Commons and Resolutions 90 and 91 asked Denis-Benjamin Viger to continue to act as the Assembly’s agent in London. Resolution 92 agreed to delete the Governor’s inaugural message from the Journal of Assembly. Later Resolutions 93 and 84 were added denouncing the monopoly of the British American Land Company.

The most pressing issue was not a call for national independence but an appeal for the sovereignty of Assembly. This is clearly stated in Resolutions 49 and 79

…Les privilèges de cette Chambre ne doivent ni être mis en question, ni définis par le secrétaire colonial.

…que cette chambre, comme représentant le peuple de cette province, possède le droit, et a exercé de fait dans cette province, quand l’occasion l’a requis, les pouvoirs, privilèges et immunités réclamés et possédés par la Chambre des Communes du parlement, dans le Royaume-Uni de la Grande-Bretagne et l’Irlande.

Parliamentary sovereignty was seen as a solution to the mismanagement of Lower Canada, something emphasised in Resolution 58

La législature provinciale aurait été tout-à-fait compétente à passer des lois, pour permettre le rachat de ces charges, d’une manière qui s’harmoniât avec les intérêts de toutes les parties […] et, le parlement du Royaume-Uni, bien moins à portée de statuer d’une manière équitable sur un sujet aussi compliquée, n’a pu avoir lieu que dans des vues de spéculation illégales, et de bouleversement dans les lois du pays. 

The critical issue raised in the 92 Resolution was political independence and laid down a framework for the transition in relations between Britain and its colony. Resolution 21 stated

Que le parlement du Royaume-Uni conserve des relations amicales avec cette province comme colonie, tant que durera notre liaison, et comme alliée, si la suite des temps amenait des relations nouvelles.

While Resolution 43 maintained that

La constitution et le forme de gouvernement qui conviendrait le mieux à cette colonie, ne doivent se chercher uniquement dans les analogies que présentent les institutions de la Grande-Bretagne, dans un état de société tout-à-fait différent du nôtre ; qu’on devrait plutôt mettre à profit l’observation des effets qu’ont produits les différentes constitutions infiniment variées, que les rois et le parlement anglais ont données à différentes plantations et colonies en Amérique.

The argument is that there is conflict between Anglophones and Francophones is challenged on several occasions and in reality has been instigated by the colonial authorities. In Resolution 55

Que les vœux de la grande majorité de la classe des sujets de Sa Majesté d’origine britannique sont unis et communs avec ceux d’origine française et parlant de la langue française.

However, the Assembly did not deny its commitment to the defence of the French language and culture. In Resolution 52,

Que la majorité des habitants du pays n’est nullement disposée à répudier aucun des avantages qu’elle tire de son origine et de sa descendance de la nation française, […] de qui ce pays tient la plus partie de ses lois civiles et ecclésiastiques, la plupart de ses établissements d’enseignement et de charité, et la religion, la langue, les habitudes, les mœurs et les usages de la grande majorité de ses habitants.

Once tabled, the Resolutions triggered five days of heated debate between a majority of MPs loyal to Papineau resolutions, and a minority led by John Neilson, who then broken with Papineau. Papineau gave a long fiery speech in which he summarised the political events of the previous fifty in support of the Resolutions and Louis-Hippolyte LaFontaine[2], Sabrevois de Bleury, George Vanfelson and Louis Bourdages followed but with less enthusiasm.

While Papineau insisted on an elected Legislative Council because ‘C'est sur cette question que nous devons être prêts à décider, à tout blâmer ou à tout approuver, à dire que tout est bien ou que tout est mal sans nous occuper ni voir ce que pensent’,  his opponents, including Bartholomew Gugy, Andrew Stuart and John Neilson argued that the impact of the Resolutions would be ‘a real declaration of independence which any subject of Her Majesty do not support.’ In Quebec Gazette it was ‘une révolution dans toute la force du terme que les auteurs des 92 Résolutions demandent et fomentent’. For Gugy, the resolutions, ‘qu'ils nous présentent comme le fruit de tant de recherches, sont un chef d'œuvre de démencw...Une foule d'accusations vagues et hazardées, une multitude d'expressions peu mesurées et injurieuses, l'exagération dans les sentimens, les erreurs dans les faits.’ Opponents contrasted many of the radical resolutions with the stability that existed in the province. Governor Aylmer commented that ‘They represent a move away from the moderation and urbanity well known as a characteristic of the Canadian...When your 92 Resolutions were adopted all the people outside this Assembly were enjoying a moment of the deepest tranquility.’ Gugy though that

...Mais c’est une idée de distinction qui n’entre pas même dans la tête des habitans de nos…paisibles campagnes. C’est une idée de trouble et de dissension qui n'est née que dans cette Chambre [...] Ces flatteurs du peuple veulent lui faire croire qu'il est malheureux quand il est heureux.

The 92 Resolutions were adopted at third reading on 22 February by 56 votes against 23. As a speaker, Papineau then prepares an address approved by the House on 1 March and attached to the text of resolutions, schedules, and an impressive petition of 78,000 names. These were given to Augustin-Norbert Morin, who was responsible for delivering the document to the British House of Commons. The Resolutions then served as platform for public meetings starting as early as March and concluding with the emphatic Patriote victory in the November elections where they won 78 ofthe 88 Assembly seats.

Historians have generally been critical of the 92 Resolutions in which they find little of merit. To Narcisse-Eutrope Dionne, the original text of the 92 Resolutions is long and tedious. Thomas Chapais stated ironically that ‘They are seen as a kind of national gospel and in the eyes of many they became the touchstone of true patriotism’ and that ‘among the fair and legitimate complaints, there were some false principles, very adventurous ideas and excessive claims’. Fernand Ouellet argues that ‘...there is no doubt that this nationalist manifesto could be seen by radicals, Catholics and English liberals as a revolutionary manifesto, [but that] threats of secession were less significant than the extraordinary concentration of political criticism in the Legislative Council.’ On the issue of independence historians are either silent or unimpressed. For Daniel Latouche, ‘the 92 Resolutions are not the Magna Carta of Quebec independence, as they are often described in popular mythology.’ Michel Brunet stated that even if it was present, the idea of independence was vague and inconsistent. However, it is generally agreed that the 92 Resolutions clearly signalled an end to Patriote support for the British tradition and the rise of American republican rhetoric. For Louis-Georges Harvey, ‘With the 92 Resolutions, the dominance of the American model in the political discourse of the Patriote movement is no longer in doubt.’

The 92 Resolutions have been accorded a significant status in the development of the Patriote movement and as a statement of the principles of parliamentary sovereignty and the need for devolved government. However, the Resolutions have largely failed to become one of the great documents of modern nationalist thought and the idea of independence. This is hardly surprising since they were not written as a statement of nationalist independence nor, despite whispers in the test, were they intended to be viewed in this light. In this sense, more modest documents such as the Declaration of Independence and the Political Testament better represent current sensibilities and are more easily accommodated within the genesis of the idea of an independent Quebec.


[1] Séguin, Maurice, L’idée d’indépendance au Québec: genèse et historique, (Éditions Boréal Express), 1977.

[2] Lafontaine’s view can best be seen in his Les deux girouettes, ou, hypocrisie démasquée, (Imprimerie de las Minerve), 1834 in which he answered Dominique and Charles Mondelet, who had denounced the Ninety-Two Resolutions as traitorous and revolutionary, by insisting that those resolutions gave a fair account of colonial grievances and by pointing out that the demand for an elective legislative council had originally been made by Charles Mondelet himself in 1826. A ‘giroutte’ is a weather vane or a person who often changes his mind.

Property and crime

The energies of law enforcement were focused on maintaining order and defending property. The late-eighteenth and early-nineteenth century saw major changes in Britain.[1] This was bound to have an impact on crime. Highway robbery died out as roads became less isolated with more traffic, more patrols and more turnpike gates. For example, the last series of prosecutions for highway robbery were heard at the Old Bailey were in 1830. In the next eighty years, only three more cases were tried; in 1832, 1877 and a final case in 1897. Robbing travellers on the railways was a new crime, especially before the introduction of corridor trains.[2] Huge business venture, operating with little supervision, provided opportunities for crooked dealings and the development of white-collar crime. [3] Many investors lost money in the 1840s railway fraud scandal. In 1882, over a £1 million was embezzled from Jardine Matheson and in 1897 millions were embezzled from Baring Brothers Bank. Both crimes were hushed up. Although the behaviour of corrupt businessmen led to social outrage and often long prison sentences, they were generally seen as ‘rotten apples’ rather than as members of the ‘criminal classes’.

The sharp increase in crime figures after 1825 that continued until mid-century is well known, though not thoroughly explained. The increase in population was significant during these years but it was well below the increase measured in crime statistics. Moreover, the increase seems to have been as marked in rural counties like Bedfordshire as it was overall. What is noticeable about the peaks in crime, from 1825 to a peak in 1832, a decline followed by another upswing to a peak in 1842 and again in 1848 is that they coincided with years marked by economic depression and political unrest.

Crime 10

The correlation suggests that victims might have been more ready to prosecute because of the general feeling of insecurity and offenders more likely to steal because of economic hardship. Political unrest weakened some of the usual factors that discouraged crime. The number of new magistrates increased from about 300 per year in 1820 to 400 by 1830. More active JPs meant more men available to hear complaints and issue warrants and the effective prosecution of crime increased.

Property crimes were frequently commented on in the Victorian press. Those who owned property and who, as a result, had the vote tended to live in areas where violence was less common. Britain’s propertied classes felt themselves under attack from two directions. First, there was the potential for revolution to be export from the continent. There were revolutions in France in 1789, 1830 and 1848 and revolutions across other parts of Europe in 1830 and 1848. These created considerable fear that the same thing would happen in Britain. The late 1830s and early 1840s were years of acute anxiety fed by the economic depression as well as by Chartist and industrial agitation culminating in Newport rebellion in 1839, the Plug Plots in 1842 and the Kennington Common meeting in 1848.[4] Secondly, attacks were expected from the ‘dangerous classes’ in the growing slums of urban Britain. As towns grew, and the slum areas expanded the middle-classes felt that they were losing control of these inner-city areas. Many people were convinced by the writings of Malthus and his pessimistic picture of the poor implying that it was their own improvidence and immorality that led to problems of over population, food shortage and, consequently, high poor rates.

In the mid-nineteenth century, 60% of larceny charges were for less than five shillings. [5] Larceny statistics in the second half of the century also show some link between the peaks of offences and years of high unemployment.[6] But, after the 1840s, the working-classes rarely had to contend with the coincidence of high food prices and economic depression that was so marked in the first half of the century. This was due, in part, to a rise in the export market for industrial goods that enabled firms to offset short-term contractions in the home market. At the same time stable, even declining food prices helped many section of the working-class to ride out short periods of unemployment. These elements help to explain the overall decline in theft and violence: put at its simplest, during this period the poor became less habituated to theft because they were less subjected to periods of severe unemployment coinciding with serious subsistence problems. In addition, the growth and professionalism of the new police force probably acted as a deterrent; the destruction of the rookeries for urban improvement removed some of the worst criminal areas; the Vagrancy Acts meant a stricter supervision of the casual poor.


[1] Bailey, V., (ed.), Policing and Punishment in Nineteenth century Britain, (Croom Helm), 1981 contains several important essays and ibid, Philip, D., Crime and Authority in Victorian England: The Black Country 1835-60 and Jones, D., Crime, Protest, Community and Police in Nineteenth Century Britain, (Routledge), 1982 and Crime in Nineteenth Century Wales, (University of Wales Press), 1992 are useful collections of thematic and regional essays.

[2] Ireland, R.W., ‘“An increasing mass of heathens in the bosom of a Christian land”: the railway and crime in the nineteenth century’, Continuity and Change, Vol. 12, (1997), pp. 55-78 focuses on Carmarthenshire in Wales between 1850 and 1880 and Quick, Michael, ‘The Garrett Gang: luggage thefts in the 1840s’, Journal of the Railway & Canal Historical Society, Vol. 187, (2004), pp. 437-445.

[3] Robb, George, White-collar crime in modern England: financial fraud and business morality, 1845-1929, (Cambridge University Press), 1992 provides a detailed study. Sindall, R.S., ‘Middle-class crime in nineteenth century England’, Criminal Justice History, Vol. 4, (1983), pp. 23-40, Barnes, Paul, ‘A Victorian financial crisis: The scandalous implications of the case of Overend Gurney’, in ibid, Rowbotham, Judith and Stevenson, Kim, (eds.), Criminal conversations: Victorian crimes, social panic, and moral outrage, pp. 55-69. See also, Locker, John P., ‘The Paradox of the ‘Respectable Offender’: Responding to the Problem of White-Collar Crime in Victorian and Edwardian England’, in Johnston, Helen, (ed.), Punishment and control in historical perspective, (Palgrave), 2008), pp. 115-134, Wilson, Gary and Wilson, Sarah, ‘“Getting away with it” or “punishment enough”?: The problem of “respectable” crime from 1830’, in Moore, James Robert and Smith, John, (eds.), Corruption in urban politics and society, Britain 1780-1950, (Ashgate), 2007, pp. 57-78 and Colley, Robert, ‘The Arabian Bird: A Study in Income Tax Evasion in Mid-Victorian Britain’, British Tax Review, (2001), pp. 207-221.

[4] Royle, Edward and Walvin, James, English Radicals and Reformers 1760-1848, (Harvester Press), 1982, Stevenson, John, Popular Disturbances in England 1700-1870, (Longman), 1979.  Hunt, E.H., British Labour History 1815-1914, (Weidenfeld), 1981 and Wright, D.G., Popular Radicalism: The Working-class Experience 1780-1880, (Longman), 1988 contain useful material on radicalism. Thomis, Malcolm and Holt, P., Threats of Revolution in Britain 1789-1848, (Macmillan), 1974 and Royle, Edward, Revolutionary Britannia?, (Manchester University Press), 2000 provide different perspectives on the threat of revolution.

[5] Gatrell, V.A.C., ‘The decline of theft and violence in Victorian and Edwardian England’, Gatrell, V. A. C. et al, (eds.), Crime and the law: a social history of crime in Western Europe since 1500, (Europa Publications), 1980, pp. 238-370 and Godfrey, Barry S. and Locker, John P., ‘The nineteenth-century decline of custom, and its impact on theories of “workplace theft” and “white collar crime”’, Northern History, Vol. 38, (2001), pp. 261-273.

[6] Ferris, Graham, ‘Larceny: Debating the “boundless region of dishonesty”‘, in ibid, Rowbotham, Judith and Stevenson, Kim, (eds.), Criminal conversations: Victorian crimes, social panic, and moral outrage, pp. 70-90.

Tuesday, 1 March 2011

The Declaration of Independence and Lower Canada

The Declaration of Independence by the American colonies in 1776 played an importance role in the political thinking of the rebels during the rebellions in the Canadas. During each political crisis of the 1820s and especially the 1830s, people in the two Canadas looked with some envy at their neighbours in the American republic.[1] The admission of Canada into the Union when it requested it was included by the Founding Fathers of the American Nation in the Articles of Confederation.[2] However, this article was not included in the subsequent Constitution and the question of the possible annexation of Canada remained a recurring and, especially in the southern states, contentious issue in American politics.[3]

The Proclamation of the Independence of the United States followed the signing of the Treaty of Paris on 3 September 1783 that recognised the independence of the thirteen colonies.[4] The treaty was ratified by Great Britain and the United States and by France and Spain that both had interests in the region. Great Britain was the big loser. As well as losing the thirteen colonies, the most prosperous area in its Empire, it also ceded Florida to Spain and several islands in the Caribbean to France.  The idea for a republic came from the Enlightenment thinkers of the eighteenth century. The Americans were the first to put it into practice. The Canadian colonies obtained these revolutionary ideas from American travellers and settlers. They developed slowly in French Canadian society and finally emerged during the rebellions of 1837-1838.[5] It was not the Treaty of Paris per se that played the critical role in spread America ideas to Canadian reformers but the more important Declaration of Independence of 4 July 1776 and the American Constitution of 25 May 1787.[6]

The Declaration of Independence was an indictment against the British government especially its attacks on the freedoms of its subjects in the American colonies, a breach of the social contract between the colonists and the British Crown. Its drafters denounced colonial taxation, the arbitrary power exercised by the colonial authorities, the suspension of colonial legislatures elected by the people and other injustices and were left with no alternative but to declare their independence from London. The Patriotes used the same rhetoric in sending the Ninety-Two Resolutions to London in 1834 in which they denounced the abuses of colonial government, seigneurial tenure, the nomination by the monarch of members of the Executive and Legislative Councils etc. Although most Patriotes still had faith in British institutions, these Resolutions were a warning that independence remained a credible alternative to colonial rule. The American Constitution was also an important reference point for the Patriotes especially its principle of the separation of powers initially developed by Montesquieu.[7] The opening words of the Constitution, ‘We The People’ was revolutionary since it replaced the power of the Crown with the legitimacy of the people.

These two documents played a central role in the debates between Patriote leaders and the assemblies in the Canadas. After the defeat of the first rebellion in December 1837, Robert Nelson[8] proclaimed the Déclaration d’indépendance de la République du Bas-Canada on 28 February 1838, a document that was a mixture of the Declaration of Independence and the Constitution.[9] Nelson took the principal articles of the American Constitution that allowed a separation of powers and combined them with the notion of popular legitimacy. The failure of the second rebellion in November 1838 meant that his declaration of independence was not put into practice.

Appendix: Declaration of Independence of the Republic of Lower Canada

Written by Dr. Robert Nelson, who played a major role in the 1838 revolt, the Declaration was read by him as President of the Republic of Lower Canada before a crowd first on 28 February 1838 and later on 4 November 1838. [10]

February 1838

Déclarons solennellement:

1. Que de ce jour et à l’avenir, le peuple du Bas-Canada libre de toute allégeance à la Grande-Bretagne, et que le politique entre ce pouvoir et le Bas-Canada, est maintenant rompu

2. Qu’une forme républicaine de gouvernement est celle convient le mieux au Bas-Canada, qui est ce jour déclaré être une république.

3. Que sous le gouvernement libre du Bas-Canada, tous les individus jouiront des mêmes droits: les sauvages ne seront plus soumis à aucune disqualification civile, mais jouiront des mêmes droits que tous les autres citoyens du Bas-Canada.

4. Que toute union entre l’Église et l’État est par la présente déclarée être dissoute, et toute personne aura le droit d`exercer librement telle religion ou croyance qui lui sera dictée par sa conscience.

5. La tenure féodale ou seigneuriale des terres est par la présente abolie, aussi complètement que si telle tenure n`eàt jamais existé au Canada.

6. Que toute personne qui prendra les armes ou qui donnera autrement de l’aide au Canada, dans sa lutte pour l’émancipation, sera et est déchargée de toutes dettes ou obligations réelles ou supposées résultant d`arrérages des droits seigneuriaux ci-devant en existence.

7. Que le douaire coutumier est. pour l`avenir, aboli et prohibé.

8. Que l’emprisonnement pour dettes n`existera pas davantage excepté dans certains cas de fraude qui seront spécifiés, dans un acte à être plus tard passé à cette fin par la Législature du Bas- Canada.

9. Que la condamnation à mort ne sera plus prononcée ni exécutée, excepté dans les cas de meurtre.

10. Que toutes les hypothèques sur les terres seront spéciales et pour être valides seront enregistrées dans des bureaux à être établis pour cette fin par un acte de la Législature du Bas-Canada.

11. Que la liberté et l’indépendance de la presse existera dans toutes les matières et affaires publiques.

12. Que le procès par jury est assuré au peuple du Bas-Canada dans son sens le plus étendu et le plus libéral, dans tous les procès criminels, et aussi dans les procès civils au-dessus d`une somme à être fixée par la législature de l’État du Bas-Canada.

13. Que comme une éducation générale et publique est nécessaire et est due au peuple par le gouvernement, un acte y pourvoyant sera passé aussit tôt que les circonstances le permettront.

14. Que pour assurer la franchise électorale, toutes les élections se feront au scrutin secret.

15. Que dans le plus court délai possible, le peuple choisisse des délégués, suivant la présente division du pays en comtés, villes et bourgs, lesquels formeront une convention ou corps législatif pour formuler une constitution suivant les besoins du pays, conforme aux dispositions de cette déclaration, sujette à être modifiée suivant la volonté du peuple.

16. Que chaque individu du sexe masculin, de l’âge de vingt et un ans et plus, aura le droit de voter comme il est pourvu par la présente, et pour l`élection des susdits délégués.

17. Que toutes les terres de la Couronne, et aussi celles qui sont appelées Réserves du Clergé, et aussi celles qui sont nominalement la possession d`une certain compagnie de propriétaires en Angleterre appellée ‘La Compagnie des Terres de l’Amérique britannique du Nord’ sont de droit la propriété de l’État du Bas-Canada, et excepté telles parties des dites terres qui peuvent être en possession de personnes qui les détiennent de bonne foi, et auxquelles des titres seront assurés et accordés en vertu d’une loi qui sera passée pour légaliser la dite possession et donner un titre pour tels lots de terre dans les townships qui n`en ont pas, et qui sont en culture ou améliorés.

18. Que les langues française et anglaise seront en usage dans toutes les affaires publiques.

Et pour l’accomplissement de cette déclaration, et pour 1e soutien de la cause patriotique dans laquelle nous sommes maintenant engagés avec une ferme confiance dans la protection du Tout-Puissant et la justice de notre conduite, - nous, par ces présentes, nous engageons solennellement les uns envers les autres, nos vies et nos fortunes et notre honneur le plus sacré.

Par ordre du gouvernement provisoire.

ROBERT NELSON, Président

November 1838

Whereas the solemn compact made with the people of Lower Canada and registered in the book of statutes of the United Kingdom of Great Britain and Ireland, the 31st chapter of the Acts passed in the 31st year of the reign of George III, has been continually violated by the British Government and our rights usurped; and whereas our humble petitions, addresses, protests, and complaints against this prejudicial and unconstitutional conduct have been in vain; and whereas the British government has disposed of our revenue without the constitutional consent of our local legislature, that it has pillaged our treasury, that it has arrested and imprisoned a great number of our fellow citizens, that it has spread throughout the country a mercenary army whose presence is accompanied by consternation and alarm, whose path has been reddened by the blood of our people, that has reduced our villages to ashes, profaned the temples, and spread terror and desolation throughout the land; and whereas we can no longer put up with the repeated violations of our most cherished rights or patiently bear the multiple outrages and cruelties of the government of Lower Canada; We, in the name of the people of Lower Canada, recognising the decrees of Divine Providence that permit us to overthrow a government that has violated the object and the intention of its creation, and to choose the form of government that will re-establish the reign of justice, assure domestic tranquillity, assure the common defense, increase general well-being, and guarantee for ourselves and our posterity the advantages of civil and religious freedom;

Solemnly declare:

1. That from this day forward the people of Lower Canada are absolved of all allegiance to Great Britain, and that all political ties between that power and Lower Canada have ceased as of this day;

2. That Lower Canada shall take the form of a republican government and, as such, declare itself a Republic;

3. That under the free Government of Lower Canada all citizens will have the same rights; the savages will cease being subjected to any form of civil disqualifications and will enjoy the same rights as the other citizens of the State of Lower Canada;

4. That all ties between Church and State are declared abolished, and every person has the right to freely exercise the religion and the beliefs dictated to him by his conscience;

5. That feudal and Seigneurial tenure are abolished in fact, as if they never existed in this country;

6. That any person who bears or will bear arms, or will furnish the means of assistance to the Canadian People in its struggle for emancipation, is relieved of all debts or obligations, real or supposed, towards Seigneurs, and for arriérages[11] in virtue of Seigneurial laws that formerly existed.

7. That the douaire coutoumier[12] is, in future, entirely abolished and prohibited;

8. That imprisonment for debt will no longer exist, except in cases of obvious fraud, which will be specified in an act of the Legislature of Lower Canada to that effect;

9. That the death penalty will be pronounced in cases of murder alone, and no other;

10. That all mortgages on lands must be special and, in order to be valid, must be registered in Offices created to that effect by an act of the legislature of Lower Canada;

11. That there will be full and entire freedom of the press in all public affairs and matters;

12. That trial by jury is guaranteed to the People of the State in criminal trials to its most liberal extent, and in civil affairs to the sum of an amount to be determined by the legislature of the State of Lower Canada;

13. That as a necessity and obligation of the Government towards the people, public and general education will be put in operation and encouraged in a special manner, as soon as circumstances permit;

14. That in order to ensure the franchise and electoral freedom, all elections will be held in the form of a ballot;

15. That as soon as circumstances permit, the People will choose its Delegates following the current division of the country in cities, towns and counties, which will constitute a Convention or Legislative body, in order to found and establish a constitution, according to the needs of the country and in conformity with the conditions of this Declaration, subject to modification according to the will of the people;

16. That any male person over the age of 21 will have the right to vote as above mentioned, for the election of the above-named delegates;

17. That those lands called Crown lands, as well as those called Reservations of the Clergy and those nominally in the possession of a certain company of speculators in England, called the ‘Company of the Lands of British North America’ shall become by law the property of the State of Lower Canada, except for those portions of land that are in the possession of farmers who hold them in good faith, for which we guarantee the title in virtue of a law which will be passed in order to legalize the possession of such lots of land situated in the Townships which are now under cultivation;

18. That French and English will be used in all public matters.

And for the support of this declaration, and the success of the Patriote cause that we support, we, confident of the protection of the All-Powerful and of the justice of our line of conduct, engage by these present, mutually and solemnly the ones towards the others, our lives, our fortunes, and our most sacred honor.

By order of the Provisional Government

Robert Nelson

President


[1] Caron, Ivanhoe, ‘Influence de la Déclaration de l’Indépendance Americaine et de la Déclaration des Droits de l’Homme sur la rebellion French Canadianne de 1837 et 1838’, Transactions of the Royal Society of Canada, 3rd series, Vol. 26, (1931), pp. 5-26

[2] The Articles of Confederation and Perpetual Union (commonly referred to as the Articles of Confederation) was the constitution of the revolutionary wartime alliance of the thirteen United States of America. The Articles’ ratification (proposed in 1777) was completed in 1781, and legally federated several sovereign and independent states, allied under the Articles of Association into a new federation styled the ‘United States of America’. The original five-paged Articles contained thirteen articles, a conclusion, and a signatory section. The pre-approval of Canada’s inclusion was in Article 11: ‘Canada acceding to this confederation, and adjoining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine States.’

[3] Corey, Albert B., The Crisis of 1830-1842 in Canadian-American Relations, (Russell and Russell), 1941, pp. 16-17. The attitude of the southern states was to a considerable extent influenced by the slave-free status of the Canadas.

[4] Bemis, Samuel Flagg, A Diplomatic History of the United States, 4th ed., (Holt, Rinehart & Winston), 1955, p. 62

[5] Ibid, Caron, Ivanhoe, ‘Influence de la Déclaration de l’Indépendance Americaine et de la Déclaration des Droits de l’Homme sur la rebellion French Canadianne de 1837 et 1838’, p. 5.

[6] Peyret, H, Les États-Unis, (PUF), 1961, p. 15.

[7] Ibid, Peyret, H, Les États-Unis, p. 15.

[8] Soderstrom, Mary, Robert Nelson, Le Medecin Rebelle, (L’Hexagone), 1999 is the most recent study; see also ‘Robert Nelson’, DCB, Vol. 9, pp. 544-547 and Messier, pp. 351-352..

[9] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 301-304.

[10] Nelson, Robert, Déclaration d’indépendance et autres écrits (1832-1848), édition établie et annotée par Georges Aubin, (Comeau et Nadeau), 1998, pp. 26-34.

[11] The amount due on the rent of a farm.

[12] That which the husband assigns to the wife for her use should she survive him.

Murder and assault: crimes against the person

Although there were several high profile crimes and criminals in the nineteenth and early-twentieth centuries, most criminal activity was small-scale, often involved a degree of violence and, despite the fears of the middle-classes largely involved members of the working-classes both as criminals and as victims.[1] There are major problems with the official crime statistics. How the police collated information or massaged the figures is often unclear and many crimes went unreported largely because the poorer sections of Victorian society, those most vulnerable to crime, had little faith in the police and many did not bother to report crimes as a result.[2] National figures of committals on indictment began in 1805, covering fifty crimes until 1834 when they become almost complete.

Crime 5

“Oliver amazed at the Dodger’s Mode of ‘going to Work’”

From the middle of the nineteenth century the annual publication of Judicial Statistics for England and Wales suggested that in general crime levels appeared to be declining in England and Wales. Indictable offences declined by 79% between 1842 and 1891 and in London they declined by 63% between the 1820s and 1870s. Much of the decline in London reflects a sharp drop in violent crime of about 68% between the 1830s and the 1860s. Larceny indictments also decreased in London, from about 220 per 100,000 in the 1830s and 1840s to about 70 per 100,000 in the 1850s. This decline, however, stems at least partially from a revision of the criminal code in 1855 that removed minor larcenies from the indictable category and permitted courts to deal with them summarily. Although this revision treated simple assaults similarly, nearly all the decline in assaults had occurred by 1855. Other property crimes, particularly burglary, fraud, and embezzlement, increased during this period or remained steady. However, some areas experienced increases in crime. For example, as the Black Country industrialised, larceny committals to trial rose from 91 per 100,000 in 1835 to about 262 in 1860, an increase of 188%, and committals to trial for offences against the person increased from about 6 per 100,000 to about 14 per 100,000, a 133% increase.[3] This study suggests that rural areas and small towns exhibited sharply higher levels of criminality as they industrialised, while in heavily urbanised areas such as London studies found declines in serious criminality as they and their surrounding communities developed.

The volume and composition of indictments were determined by various factors, particularly the legal definition of crime and the zeal of prosecutors and officials. It is clear that prosecution rates varied both between crimes and over time. As a result, criminal statistics offer a poor indication of the fluctuating level of crime. The pattern of indictments demonstrates starkly a determination to protect property and an assumption that it was endangered by the criminality of the lower orders. In contrast, the countless offences of nobles, gentry, shopkeepers, and tradesmen went largely unpunished and white-collar criminals were more familiar to readers of Charles Dickens than to officials of the criminal courts.

It was offences against the person that provided the most spectacular and terrifying images of criminality in this period although they only accounted for about 10% of all indictable crimes in the nineteenth century For example, the metropolitan garrotting panics of the mid-1850s and 1862-1863 that set a trend for describing a variety of robberies in London and the provinces, as ‘garrotting‘ and the butchery of Jack the Ripper in East London in the autumn of 1888 reverberated outside London. [4]

At the popular level, there were newspapers devoted to crime and this helped to feed people’s interest. There were few restrictions on reporting and artists were used to draw scenes from the crime allowing them to print the kind of pictures that would not be allowed as photographs today. Madame Tussaud’s opened in 1802 and had popular waxworks of criminals, especially murderers. Murder featured a great deal perhaps because it was, from the 1860s, the only capital offence. There was huge public interest in celebrated nineteenth century horror crimes, like the Radcliffe Highway murders of 1811 when two families were battered to death, the activities of the poisoner William Palmer in the mid-1850s[5] and the Ripper murders of 1888. [6]

But these were the dramatic and well-publicised exception rather than the norm. The statistics show that the number of murders stood at about 400 a year during the nineteenth century and that, then as now, most murders were normally committed by either relatives or by persons known to the victim. Murders by strangers or by burglars were exceptional though they were widely and luridly reported in newspapers.

Crime 6

Homicide is regarded as a most serious offence and it is probably reported more than other forms of crime.[7] Between 1857 and 1890, there were rarely more than 400 homicides reported to the police each year, and during the 1890s the average was below 350. In Victorian England, the homicide rate reached 2 per 100,000 of the population only once, in 1865. Generally, it was about 1.5 per 100,000 falling to rarely more than 1 per 100,000 at the end of the 1880s and declining even further after 1900. These figures do not take into account the significant number of infanticides that went undetected.[8] The statistics for homicide are therefore probably closer to the real level of the offence. Two points are important. First, there was a high level of violence within the family. Physical punishment seems to have been accepted or at least tolerated across social groups until well into the nineteenth century.[9] Yet there were limits. Ill-treatment leading to death was exceptional but even here courts could find mitigating circumstances: Frederick Gilbert was acquitted of the manslaughter of his wife after the court noted that he was a good, sober man and his wife a drunkard. There appears to have been a decline in violence between working-class men and women in the third quarter of the century, possibly because of growing respectability and rising living standards that reduced stress on the male as the principal economic provider.[10]

A breakdown of assaults taken before Bedfordshire magistrates every five years between 1750 and 1840 shows that there were very high numbers of assaults on women of which a third were attacks by husbands on their wives. Only a third of these types of assault were prosecuted on indictment and one in ten cases failed because wives failed to given evidence in court and wife-beating rarely led to more than six-month imprisonment. There were a significant number of attacks on authority in the shape of constables or overseers of the poor. By contrast, some 85% of these attacks led to prosecution.[11]

Offences against the person made up over 10% of committals made on indictment during the period 1834 and 1914 and about 15% of summary committals in the second half of the century. Assaults on authority, in the shape of policemen formed a significant percentage of nineteenth century assaults and declined at a slower rate than common assault: 15% of summary prosecutions in the 1860s rising to about 21% in the 1880s. Most assaults were for resisting or obstructing the police in their duty.

Crime 7

Perhaps also the cult of respectability made wives even less likely to complain since such assaults were shameful and in the growing suburbs they were less public, less likely to disturb the neighbours, while the bruising was less visible than on the crowded stair of a tenement.

Crime 8

In addition, there was the extent to which courts and the police were prepared to accept the uncorroborated word of the beaten wife. [12] Although magistrates took contrasting positions with regard to wife-abuse, increasingly brutality by husbands was seen as unmanly and cowardly and some magistrates took the view that no amount of provocation could justify any act of violence against women. However, wife-abuse remained a significant problem and was denounced especially by Frances Power Cobbe. Campaigns around marital violence pre-dated the Ripper murders by a decade and one of the most powerful arguments that campaigners against ‘wife-torture’ had was the inadequacy of the law in protecting women from reprisal. The incidence of wife-beating declined from the 1870s in part because of the increase in penalties such as the power of police magistrates to have offenders flogged and exposed in the public pillory contained in the Wife Beaters Act 1882 but also because of improved living standards and the diffusion of middle-class family values.

Crime 9

Cobbe and many others were convinced that levels of male violence were made worse by the consumption of alcohol; an analysis not exclusive to feminists as long-standing temperance societies show. Drink was often a cause of violence in the family, and outside. For example, in Dundee in the 1870s, the problem with drunkenness had become problematic, and one policeman would bring in between 60 and 70 drunken men and women on a Saturday night. In the late 1870s, the crime of ‘shebeening’, selling alcohol without a licence was committed by more women than men and in 1877, fines imposed on persons selling liquor without a licence raised almost £300 in revenue for the police. Some Victorian temperance reformers gave drink as the fundamental cause of all crime; the public house was the ‘nursery of crime’.[13] Others were less zealous and suggested only a connection between crimes of violence and drink. There is some evidence to suggest that there were slight increases in figures for assault and drunkenness during years of prosperity: high wages and high employment led to a greater consumption of alcohol that, in turn, contributed to more violent crime. However, in the last quarter of the century the overall trend is markedly downwards. This may be explained, in part, by which contemporaries perceived as the civilisation or moralisation of the population. Perhaps also there was a decrease in anxiety about small-scale, drink-related violence.[14]


[1] See, Chassaigne, Philippe, ‘Popular representations of crime: the crime broadside, a subculture of violence in Victorian Britain?’, Crime, Histoire et Sociétés, Vol. 3, (1999), pp. 23-55.

[2] Williams, Chris A., ‘Counting Crimes or Counting People: Some implications of mid-nineteenth century British policing returns’, Crime, Histoire & Sociétés, Vol 4, (2), pp. 77-93 focuses on Sheffield.

[3] Ibid, Philip, D., Crime and Authority in Victorian England: The Black Country 1835-60, p. 143.

[4] In July 1863 Hugh Pilkington, an MP was garrotted and robbed in central London. This led to a ‘garrotting scare’. There were 12 more recorded cases in October and 32 in November. Maybe the press reports of the original case led criminals to copy the tactic. Maybe the police or the public labelled certain kinds of robbery ‘garrottings’ that they would not previously have done; see, Davis, J. ‘The London garrotting panic of l862: a moral panic and the creation of a criminal class in mid-Victorian England’, in ibid, Gatrell V.A.C. et al., (eds.), Crime and the law: a social history of crime in Western Europe since 1500, pp. 190-213 and Sindall, R.S., ‘The London garotting panics of 1856 and 1862’, Social History, Vol. 12, (1987), pp. 351-359 and Street Violence in the Nineteenth Century: Media Panic or Real Danger?, (Leicester University Press), 1990. See also, Rudé, G., Criminal and Victim: Crime and Society in Early Nineteenth-Century England, (Oxford University Press), 1985 and Wood, J. Carter, Violence and crime in nineteenth-century England: The shadow of our refinement, (Routledge), 2004.

[5] Watson, Katherine, Poisoned Lives: English Poisoners and their Victims, (Hambledon), 2004 considers one type of homicide.

[6] Gray, Drew D., London’s Shadows: The Dark Side of the Victorian City, (Cointinuum), 2010 examines the impact of the Ripper murders.

[7] Wiener, Martin J., ‘Homicide and “Englishness”: Criminal Justice and National Identity in Victorian England’, National Identities, Vol. 6, (2003), pp. 203-214 and Conley, Carolyn A., ‘Wars among Savages: Homicide and Ethnicity in the Victorian United Kingdom’, Journal of British Studies, Vol. 44, (2005), pp. 775-795. Local studies include, Cockburn, J.S., ‘Patterns of violence in English society: homicide in Kent, 1500-1985’, Past & Present, Vol. 130, (1991), pp. 70-106, England, R.W., ‘Investigating Homicides in Northern England, 1800-24’, Criminal Justice History, Vol. 6, (1985), pp. 105-123 and Conley, Carolyn A., Certain other countries: homicide, gender, and national identity in late nineteenth-century England, Ireland, Scotland, and Wales, (Ohio State University Press), 2007.

[8] On infanticide, see http://richardjohnbr.blogspot.com/2010/10/infanticide-case-study.html

[9] On this issue see, ibid, Wood, J. Carter, Violence and Crime in Nineteenth-Century England: The Shadow of Our Refinement, pp. 1-69 who argues that violence was ‘discovered’ as a social problem in the late eighteenth and early nineteenth centuries as a traditional customary understanding that legitimated physical confrontation was challenged by an emergent middle- and upper-class culture. Ibid, Wiener, Martin, Men of Blood argues that, while there was an increasingly sharp distinction made between the separate spheres of men and women during the Victorian period, this had the effect of criminalising male violence.

[10] Tomes, Nancy, ‘A “Torrent of Abuse”: Crimes of Violence between Working-class Men and Women in London, 1840-1875,’ Journal of Social History, Vol. 11, (1977-8), pp. 328-345.

[11] Emsley, C., Hard Men: the English and Violence since 1750, (Hambledon), 2005 and Wood, J. Carter, Violence and crime in nineteenth-century England: the shadow of our refinement, (Routledge), 2004 provide an overview. See also Stone, L., ‘Interpersonal Violence in English Society 1300-1980’, Past and Present, Vol. 101, (1983), pp. 22-33.

[12] On domestic violence, see, Hammerton, A. James, Cruelty and companionship: conflict in nineteenth-century married life, (Routledge), 1992. See also, Emmerichs, M.B.W., ‘Trials of Women for Homicide in Nineteenth-Century England’, Women & Criminal Justice, Vol. 5, (1), pp. 99-109.

[13] Burne, Peter, The Teetotaler’s Companion, (Arthur Hall and Co.), 1847, p. 31-56.

[14] Davies, A., ‘Youth Gangs, Masculinity and Violence in Late Victorian Manchester and Salford’, Journal of Social History, Vol. 32, (1998), pp. 349-369 and ‘”These viragoes are no less cruel than the lads”: young women, gangs and violence in late Victorian Manchester and Salford’, British Journal of Criminology, Vol. 39, (1999), pp. 72-89 and G. Pearson, G., Hooligan: A History of Respectable Fears, (Leicester University Press), 1983 consider one aspect of violence.

Friday, 25 February 2011

Analysing the Patriote assemblies

This paper considers the resolutions passed at the large Patriote assemblies held between May and October 1837. Often written in advance, these resolutions can appear repetitive.[1] Nevertheless, they do identify the fundamental political issues in the months leading up to the Rebellions and about the inspirations, rhetoric, political platform, and the measures taken by the Parti Patriote and its supporters. Before plunging into an analysis of the resolutions passed by the assemblies, it is important to place them in their context.

Following the passage of the Ninety-Two Resolutions in February 1834, the metropolitan government appointed Lord Gosford as the new governor of Lower Canada and also established a Royal Commission to consider Patriote grievances. Arriving in Quebec on 23 August 1835, Gosford and Grey and Gipps, his fellow commissioners noted that, in effect, colonial government had broken down. [2] Following a fruitless attempt to conciliation, conflict between the Legislative Council and the Assembly reached new depths when in 1836 the Council blocked a law on education passed by the Assembly. The result was that the Parti Patriote refused to sit in the Assembly and threatened that, unless the Council became an elective body, it would refuse to vote the Civil List.[3] The commissioners finished their enquiry at the end of October 1836 and Grey and Gipps left for England. The various reports of the Royal Commission were finally laid before Parliament on 2 March 1837 and was immediately followed by the rejection of the Ninety-Two Resolutions in Russell’s Ten Resolutions. [4]

News of these resolutions reached Quebec on 10 or 11 April 1837 and created vocal opposition among Patriotes and reformers. Four of Russell’s resolutions were especially difficult for the supporters of the Ninety-Two Resolutions to accept. Resolutions 4, 5, 6 and 7 rejected demands for an elected Legislative Council, refused to grant responsible government, supported the position of the British American Land Company and finally, authorised Gosford to use public monies without the approval of the Assembly. In La Minerve on 13 April and in The Vindicator the following day, there were calls both for agitation following what many saw as the British betrayal and to follow the example of the American colonies. Then, on 20 April, La Minerve announced the calling of a great assembly in the comté de Richelieu.[5]

On 7 May 1837, the first anti-coercive assembly was held at Saint-Ours and it served as the model for the subsequent assemblies.[6] Although there were a large number of assemblies across the province, only the Patriote assemblies benefited from widespread coverage in the radical press especially in La Minerve, The Vindicator, Le Libéral and Le Canadien. I intend to focus exclusively on the Patriote assemblies from Saint-Ours on 7 May through to the apogee of the movement, the Grande assemblée de la Confédération des Six Comtés in late October 1837.[7]

It is important to recognise the immense importance of the resolutions of Saint-Ours.[8] Its condemnation of Russell’s Resolution was typically repeated as the first resolution at the subsequent assemblies. It is generally accompanied by constitutional arguments based on traditional rights and privileges accorded to British subjects of the Crown. Among these, the principle of ‘no taxation without representation’ was mentioned most often. Jealously defending the principle that control of the public monies should lie with the Assembly and arguing that it is the only constitutional means for the people, through their representatives, to exert pressure on an irresponsible government, the Patriotes were particularly angered by Resolution 8. This type of resolution can be regarded as a direct reaction to Russell’s Resolutions and especially to what Patriotes saw as its coercive reaction to the question of appropriations. However, these resolutions did not affect the confidence of Canadian reformers in the British authorities and they decided that further appeals to the British Parliament were both possible and necessary.

The second broad category of resolutions was concrete measures taken to counter the Russell Resolutions and put pressure on the British government to think again. There was widespread support for a boycott on British imports to reduce levels of revenue. However, the assemblies were more divided over the question of smuggling. In this respect, no assembly held on the river north of Montreal apart from those at Malbaie on 25 June supported smuggling as a means of exerting pressure.[9] When the assemblies had voted for the boycott, with the exception of Malbaie and later on 16 July at Deschambault[10], they also elected comités de surveillance for each comté to ensure that the boycott was enforced. It is important to emphasise that there was also widespread support for establishing a convention that brought together members from each comté in the province. Linked to this were calls for support from other colonies and the United States as well as a desire to provide information and education on people’s political rights. The first two types of resolution made up the vast majority of resolutions before 6 August and were reinforced by legal action by the Assembly. This is perhaps better explained by the request from the House of Commons on 3 July 1837 to Queen Victoria to renounce Russell’s Resolution. [11]

The third type of resolution related to long-term grievances and generally restated themes from the Ninety-Two Resolutions. These included the classic themes of the Legislative Council, responsible government, land monopoly by the British American Land Company and the colonial aristocracy. To these were appended new attacks such as on Gosford’s good faith and the bias of the Royal Commission.

The question of seigneurial rights made up the fourth type of resolution. It was the assembly at Sainte-Rose on 11 June that proposed abolishing the seigneurial system with compensation.[12] Then the assemblies at Napierville in Acadie on 12 July and 10 September also called for its abolition.[13] On 6 August, at Saint-François-du-Lac there was an assembly uniquely called to discuss seigneurial tenure or reform of the seigneurial system.[14] The same occurred at Saint-Ignace on 10 September.[15] By contrast, at Vaudreuil[16] on 6 August and Saint-Polycarpe[17] on 15 October, there were explicit calls for abolition. It appears that in the comté de Vaudreuil seigneurial rights was a significant regional issue and all its assemblies called either for their abolition or at least reform. This comté also saw the only resolutions that called for the clergy to keep strictly to spiritual matters and not interfere in more worldly affairs.

The last type of resolution was concerned with establishing a parallel system of justice and also the formation of a force of volunteers and paramilitary organisations. Following his proclamation on 15 June banning further assemblies, Gosford began to dismiss justices of the peace and captains of militia who refused to cooperate with the colonial authorities. Others, who were supporters of the Parti Patriote, resigned.[18] To begin with assemblies were satisfied by denouncing Gosford’s actions but on 10 September at Napierville, the assembly recognised the contribution of those officials who had either been dismissed or resigned. In addition to congratulating them on their patriotism, reformers were informed that they should avoid any business with the ‘unworthy people’ who had accepted Gosford’s new commissions. From the beginning of October 1837, the movement became more threatening. At an assembly in the Deux-Montagnes, its comité permanent established a system of parallel justice on 1 October.[19] For the first time, a comité de comté maintained that its authority had been ‘conferred by the people’, a direct stand against British authority. The same comité recommended that its people should organise and arm themselves by parish under the command of a chosen captain of militia. On 4 October, the Fils de la Liberté in their Address to the young people of America invited Lower Canada to rise up and achieve the sovereign independence of America. [20]

Finally, the Patriote movement reached its peak with the Grande assemblée de la Confédération des Six-Comtés at Saint-Charles on 23-24 October 1837. [21] The 4,000 to 5,000 people present reiterated the resolutions passed in the Deux-Montagnes, discussed the possibility of recourse to arms and while the official resolutions had a pacific appearance, the pompous form of the assembly and also the Adresse de la Confédération des Six-Comtés aux habitants du Canada that borrowed from the preamble of the Declaration of American Independence represented a dangerous precedent for colonial government. [22] Ironically, the largest loyalist assembly was held in Montreal[23] on 23 October and less than a month later the Richelieu valley was embroiled in military action.

Appendix 1: List of assemblies held, May-November 1837

Date

Event

Organisation

Media

May 7

Saint-Ours

Parti patriote

Resolutions published on May 11 in La Minerve; Bernard, pp. 23-28

May 15

Saint-Laurent

Parti patriote

Resolutions published on May 18 in in La Minerve; Bernard, pp. 29-37

May 15

Saint-Marc

Parti patriote

Resolutions published on May 22 in La Minerve; Bernard, pp. 38-41

May 15

Québec

Parti patriote

Resolutions published on May 23 in The Vindicator; Bernard, pp. 42-46

June 1

Saint-Scholastique

Parti patriote

Resolutions published on June 5 in La Minerve; Bernard, pp. 47-56

June 1

Saint-Hyacinthe

Parti patriote

Resolutions published on June 8 in La Minerve; Bernard, pp. 57-61

June 4

Longueuil

Parti patriote

Resolutions published on June 12 in La Minerve; Bernard, pp. 62-66

June 4

Québec

Parti patriote

Resolutions published on June 8 in La Minerve; Bernard, pp. 67-77

June 11

Sainte-Rose

Parti patriote

Resolutions published on June 15 in La Minerve; Bernard, pp. 78-83

June 18

Berthier

Parti patriote

Resolutions published on June 22 in La Minerve; Bernard, pp. 84-91

June 18

Saint-François-du-Lac

Parti patriote

Resolutions published on June 26 in La Minerve; Bernard, pp. 92-100

June 23

Saint-Hyacinthe

Parti patriote

Resolutions published on June 29 in La Minerve; Bernard, pp. 101-104

June 25

La Malbaie

Parti patriote

Resolutions published on June 31 in Le Libéral; Bernard, pp. 105-110

June 26

Saint-Thomas

Parti patriote

Resolutions published on July 3 in Le Canadien; Bernard, pp. 111-116

June 28

Montréal

Parti patriote

Resolutions published on June 30 in La Minerve; Bernard, pp. 117-121

June 29

Rawdon

Loyalist

Resolutions published on July 14 in Le Populaire; Bernard, pp. 122-125

July 4

Stanbridge

Parti patriote

Resolutions published on July 13 in La Minerve; Bernard, pp. 126-132

July 6

Montréal

Loyalist

Resolutions published on July 8 in The Montreal Gazette; Bernard, pp. 133-134

July 12

Napierville

Parti patriote

Resolutions published on July 20th in La Minerve; Bernard, pp. 135-143

July 16

Deschambault

Parti patriote

Resolutions published on July 24 in La Minerve; Bernard, pp. 144-147

July 24

Napierville

Loyalist

Resolutions published on August 1 in The Montreal Gazette; Bernard, pp. 148-152

July 25

Trois-Rivières

Loyalist

Resolutions published on July 28 in Le Populaire; Bernard, pp. 153-155

July 26

Yamachiche

Parti patriote

Resolutions published on July 31 in La Minerve; Bernard, pp. 156-160

July 29

L’Assomption

Parti patriote

Resolutions published on August 3 in La Minerve

July 31

Québec

Loyalist

Resolutions published on August 2 in L’Ami du peuple; Bernard, pp. 167-170

August 4

Aylmer

Loyalist

Resolutions published on August 19 in L’Ami du peuple; Bernard, pp. 171-173

August 6

Yamaska

Loyalist

resolution unique published on August 19 in L’Ami du peuple; Bernard, p. 174

August 6

Saint-Constant

Parti patriote

Resolutions published on August 14 in La Minerve; Bernard, pp. 175-179

August 6

Saint-François-du-Lac on seignorial tenure

Parti patriote

Resolutions published on August 18th in Le Canadien; Bernard, pp. 180-182

August 6

Vaudreuil

Parti patriote

Resolutions published on August 14 in Le Canadien; Bernard, pp. 183-188

September 10

Saint-Denis

Parti patriote

Resolutions published on September 24 in La Minerve; Bernard, pp. 189-193

September 10

Napierville

Parti patriote

Resolutions published on September 21 in La Minerve; Bernard, pp. 194-196

September 10

Saint-Ignace

Parti patriote

Resolutions published on September 21 in La Minerve; Bernard, pp. 197-201

September 16

Milton

Loyalist

Resolutions published on November 29 in Le Populaire; Bernard, pp. 202-203

September 16

Saint-Antoine

Parti patriote

an account of the country lunch published on September 21 in La Minerve; Bernard, pp. 204-206

October 1

Permanent committee of Deux-Montagnes

Parti patriote

Resolutions of the 8th sitting published on October 9 in La Minerve; Bernard, pp. 207-213

October 13

Clarenceville

Loyalist

Resolutions published on November 11 in The Montreal Gazette; Bernard, pp. 223-225

October 15

Saint-Polycarpe

Parti patriote

Resolutions published on October 19 in La Minerve; Bernard, pp. 226-230

October 23

Montreal at Place d’Armes

Loyalist

Resolutions and addresses published on October 24 and 28 in The Montreal Gazette; Bernard, pp. 231-258

October 23-24

Confederation of the Six Counties in Saint-Charles

Parti patriote

Resolutions and addresses published on October 30 and November 2 in La Minerve; Bernard, pp. 259-285

November 5

Saint-Athanase

Parti patriote

Resolutions published on November 9 in La Minerve; Bernard, pp. 286-290

November 13

Abbotsford

Loyalist

Resolutions published on November 21 in The Montreal Gazette; Bernard, pp. 291-293

November 20

Sherbrooke

Loyalist

Resolutions published November 2 in The Montreal Gazette; Bernard, pp. 294-298

November 23

Granby

Loyalist

Resolutions published on December 4 in The Morning Courier; Bernard, pp. 299-300

Appendix 2: Analysis of assemblies

This table is based on material found on the Patriotes website.

1. Saint-Ours: 7 May
2. Stanbridge: 4 July
3. Napierville: 12 July
4. Deschambault: 16 July
5. Yamachiche: 26 July
6. L’Assomption: 29 July
7. St-Constant: 6 August
8. St-François-du-lac: 6 August

9. Vaudreuil: 6 August
10. St-Denis: 10 September
11. Napierville: 10 September
12. St-Ignace: 10 September
13. Deux-Montagnes: 1 October
14. St-Polycarpe: 15 October
15. Six Comtés: 23 October

RESOLUTIONS

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

 

Russell Resolutions denounced

X

X

X

X

X

X

 

X

           

7

Denounce attacks on Constitution

X

X

X

X

X

X

 

X

     

X

X

X

10

People misled, broken confidence

X

X

X

X

X

X

X

 

X

         

X

9

Americans as natural allies

X

X

           

X

         

X

4

‘No legislation/taxation without rep’

   

X

 

X

   

X

           

3

Repeal Act of Tenure

                       

X

 

1

Reduce revenues; boycott

X

X

X

X

X

X

X

 

X

           

8

Smuggling

X

X

                         

2

Develop manufactures/commerce

X

X

 

X

X

X

X

 

X

   

X

     

8

Comité de surveillance

X

X

X

 

X

X

X

 

X

           

7

Association patriotique du pays...

X

X

X

 

X

X

X

 

X

         

X

8

Thank friends in London and Toronto

   

X

 

X

X

 

X

   

X

     

5

Attack Legislative Council

 

X

X

 

X

               

X

4

Denounce Gosford

X

X

X

         

X

         

X

5

Petition US Congress to abolish customs

X

                         

1

Not vote subsidies

 

 

X

X

     

X

           

3

Equal citizens without distinction

   

                   

X

X

2

Elected Legislative Council

   

X

X

 

X

X

 

X

   

X

 

X

X

8


[1] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, p. 12.

[2] Filteau, Gérard, Histoire des Patriotes, (L’Aurore), 1975, pp. 161-164.

[3] Greer, Allan, Habitants et Patriotes, (Boréal), 1997, pp. 133-134, Ryerson, Stanley-Bréhaut, Capitalisme et Confédération, (Parti pris), 1978, p. 49.

[4] Ibid, Filteau, Gérard, Histoire des Patriotes, pp. 183, 186.

[5] Leclerc, Félix, ‘1837-1838, dates et événements’, in ibid, Bernard, Jean-Paul, Les Rébellions de 1837-1838. Les patriotes du Bas-Canada dans la mémoire collective et chez les historiens, pp. 92-93.

[6] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 23-28.

[7] See Appendix 2 below.

[8] See above, pp. 297-301.

[9] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 105-110.

[10] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 144-147.

[11] Leclerc, Félix, ‘1837-1838, dates et événements’, in ibid, Bernard, Jean-Paul, Les Rébellions de 1837-1838. Les patriotes du Bas-Canada dans la mémoire collective et chez les historiens, p. 100.

[12] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 78-83

[13] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 135-143, 194-196.

[14] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 180-182.

[15] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 197-202.

[16] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 183-188.

[17] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 226-230.

[18] Ibid, Greer, Allan, Habitants et Patriotes, pp. 200-201.

[19] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 207-213.

[20] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 214-222.

[21] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 259-285.

[22] Ibid, Greer, Allan, Habitants et Patriotes, p. 209; ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 277-285.

[23] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 231-258.