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Saturday, 12 March 2011

Reacting to rejection

Reacting to rejection

Papineau’s support remained strong, though it grew evident that he had little left to offer except noble messages. Like Mackenzie, Papineau was long on words but short on action. The Ninety-Two Resolutions had heightened divisions with many moderate French Canadians and Papineau’s anti-clerical position alienated reformers in the Catholic Church, and made Bishop Jean-Jacques Lartigue into a powerful opponent. [1] News of Russell’s Ten Resolutions took a month to reach Lower Canada and it was not until 10 or 11 April that the Assembly was informed of the rejection of its Resolutions. The reaction was immediate: La Minerve reported events on 13 April, the following day the Vindicator called for ‘Agitation! Agitation!’ while on 20 April La Minerve announced the calling of a popular Assembly in the comté de Richelieu to denounce Russell’s Resolutions. The dialogue between the Assembly and London had come to an abrupt end.

Between April and the beginning of the rebellion in mid-November, although Papineau still pursued a constitutional approach, preparations were made for what many saw as inevitable conflict with the colonial authorities. [2] During April and May 1837, the Patriotes put a dual strategy in place. Papineau thought that boycotting taxed goods would force the British Government to give way. Under his direction, the Comité central et permanent de Montréal, reorganised in May, coordinated Patriote activities throughout the province. Only if these methods proved ineffective, would he then agree to the use of force. The radical wing, dominated by people such as the brothers Wolfred and Robert Nelson, [3] Cyrille-Hector-Octave Côté, [4] Édouard-Amury Girod[5] and Thomas Storrow Brown [6] took a more aggressive stance. This plan was widely known among Patriotes by June and was communicated to republicans in Upper Canada. The Patriote leadership recognised that the mass of the people needed to be carefully mobilised and this had to be accompanied by obtaining arms. Papineau was viewed as the leader of the movement but he struggled to maintain control over the impetus towards confrontation. He may have won the war of words in 1837 but, as events were to demonstrate, he could not win the war itself. [7]

Although he had not called for popular assemblies Papineau recognised their value for putting pressure on government by mobilising popular support. [8] The first phase of popular assemblies lasted from early May until the middle of June 1837 with the first assembly at St-Ours on 7 May, important because it provided a model for subsequent meetings. The Declaration of St-Ours consisted of twelve resolutions that denounced Russell’s Resolutions as a violation of the 1791 Constitution by an oppressive government, and maintained the principle of ‘No taxation without representation’. The Patriotes decided to boycott British imports and not to pay taxes to the Government on other imported goods, and to put further pressure on the government by smuggling goods. The Declaration proclaimed Papineau, who did not attend, as the only true leader of the Patriotes, thanked reformers in Britain and Upper Canada who supported their cause and criticised those Patriotes who had left the movement. [9] These resolutions were an extension of the Ninety-Two Resolutions but with two important differences. First, London was now an adversary not an ally, and secondly, they represented a direct appeal beyond the Assembly to the people. Surprisingly the reaction of the Patriote press was muted with only La Minerve providing detailed coverage while The Vindicator provided only a terse summary of the resolutions. [10]

On 15 May, Papineau spoke at a popular assembly at St-Laurent, north of Montreal against Russell’s Resolutions and repeated calls for a boycott of British imports. The assembly at St-Marc in Verchères called for a constitutional convention. Three days later the Lower Canada banks suspended specie payment until 23 June due to civil unrest. On 23 May, the Comité central et permanent de Montréal passed a resolution demanding free trade with the United States. Rebellious ideas were openly expressed and groups of disaffected French Canadians began organising and drilling in readiness for possible military action. Further assemblies were held during the first half of June at St-Hyacinthe, Longueuil, Quebec and Ste-Rose. Finally, on 15 June, Gosford banned public meetings and the movement toward rebellion intensified.

The second phase lasted between June and August. Ignoring Gosford’s ban, illegal assemblies were held on 18 June at Berthier and St-Francois-du-Lac, a further assembly at St-Hyacinthe on 23 and at Malbaie on 25 June. On 26 June, there was an assembly at St-Thomas in Bellechasse and L’Islet and two days later, the assembly at Montreal demands democratic rights. In July, there were assemblies on 4 July at Stanbridge in Missisquoi to celebrate American independence and demand democratic rights where many American sympathisers attended and on 12 July, Papineau chaired a protest meeting at Napierville with Côté. Four further assemblies were held in July at Deschambault, Yamachiche, in the comté of St-Maurice, l’Assomption, and Vaudreuil. On 6 August assemblies were held at St-Francois-du-Lac on seigneurial tenure and at St-Constant in LaPrairie in the presence of the French ambassador from the United States. Finally, on 22 August the Association des Dames patriotiques was founded and urged the wearing of local clothing to avoid imports. As public meetings continued to be held, radicals openly called for rebellion and social revolution with the ending of the seigneurial system. Papineau was doubtless worried by these radical views, but the acceleration of the revolutionary movement also served his ends.

The authorities were fully aware of the explosive situation and Gosford hoped that a modest reinforcement of British troops during the summer of 1837 would discourage French Canadians from violence. The major concern of James Stephen in London was whether if rebellion broke out in Lower Canada, the Government could count on the support of the other North American colonies. New Brunswick was expected to remain quiet while Upper Canada might be appeased by the recall of its Governor. [11] Whig ministers were more concerned about the situation in Nova Scotia where there had been widespread criticism of its executive since the election of Joseph Howe to the Assembly.[12] Its demands, set out in the Twelve Resolutions of 1837, saw a temporary alignment of the Nova Scotia Assembly with the Canadian legislatures in demands for the surrender of crown revenues, a division of councils, an elective council and a responsible executive. Unlike in the Canadas however, the Colonial Office was prepared to give up crown revenues in return for a civil list, separate the councils and modify the executive on lines that satisfied Nova Scotians. British officials, if not ministers, recognised that the real threat to British North America would come from Lower Canada.

The third phase began in mid-August with the recall of the Assembly to explore possible ways out of the constitutional impasse. It first met on 18 August but its demands for an elected Legislative Council and the creation of a responsible government remained unchanged, there was no vote of supply and on 26 August it was dissolved. [13] September proved quieter largely because of the need to harvest crops. Increasingly, however, there was growing impatience among younger Patriotes with the timidity of their older leaders. On 5 September young Patriotes in Montreal established the Fils de la Liberté, a radical paramilitary organisation based on the American Sons of Liberty. [14] It consisted of two sections: a civil wing led by Papineau, O’Callaghan and Ouimet, and a military wing led by Brown that practised military manoeuvres each week. Further assemblies were held at St-Denis, Napierville and St-Ignace on 10 September and six days later by Patriote women at St-Antoine.

From the middle of 1837, there were concerted efforts to coerce individuals and officials into supporting the Patriotes. In the Richelieu valley, [15] French Canadians were expanding southwards towards the British-American settlements while in the Deux-Montagnes British settlers were thrusting into French Canadian areas of settlement. [16] Papineau’s demands for the boycott of British goods and attacks on the British American Land Company, and the exaggerated languages of the Patriote press were soon translated by habitants into racial overtones exacerbating existing animosities. This often took the form of ‘charivaris’, a long-established, largely rural form of social coercion to intimidate those whose behaviour was unacceptable to the community. [17] Although charivaris were an expression of local grievances, they demonstrated the depth of feeling felt by many habitants about the actions of the colonial government. This enabled Patriotes to mobilised sympathetic opinion into community action and there are clear parallels between this and the ‘Scotch Cattle’ activities in South Wales. [18] Two examples illustrate this issue. First, throughout the summer and autumn of 1837 the Deux-Montagnes was the scene of a large number of charivari characterised largely by intimidation and verbal violence though in the case of Robert Hall they took a more serious form. On the night of 28 June, Robert Hall, a farmer from St-Scholastique, was visited by four men who attacked him for not signing the parish’s Patriote petition.[19] In his deposition, he stated that the door to his house had been forced, one window smashed by stones in a room where one of his young children was sleeping, and part of his fence was pulled down and destroyed leaving his field of wheat open to animals. Hall sought the support of the Attorney-General Charles Ogden and he ordered the arrest of the four men identified by Hall. Attempts to arrest those involved failed on 14 July when the authorities were confronted by angry crowds. Ogden’s further attempts to curb abuses in the Deux-Montagnes were fruitless and the area remained the most disturbed rural area in the province until more serious charivari broke out in the Richelieu valley in September.

Secondly, the area around St-Blaise-sur-Richelieu played a minor part in events in 1837. However, between 27 and 29 October, a charivari took place at the home of Dudley Flowers, a lieutenant in the militia orchestrated by Cyrille-Octave Côté that led to Flowers resigning his commission and leaving with his family. [20] Further charivaris by Patriotes took place at the Protestant mission of Henriette Odin-Feller and at the homes of converts. [21] The arrival of Protestantism in the region was considered by some habitants as further attack on their traditions and the small Protestant community she established became a legitimate Patriote target. Odin-Feller and the families who had converted left St-Blaise for Champlain in the United States. On her return two months later, she distributed food and medicine to local people, stopped further action against those who had burned the converts’ houses, and went to Napierville to speak on their behalf though her actions did not prevent nine properties being destroyed during Loyalist reprisals in November 1838.

Papineau’s conversion to republicanism and the emergence of the St Jean Baptiste Society [22] in 1834 as the social wing of the Parti Patriote led to the formation of four Loyalist societies that came together under the Constitutional Association of Montreal, an umbrella organisation, in early 1835. [23] Opposed to Patriote demands, the Constitutional Association sought to preserve the existing constitution and prevent French Canadian domination of the legislative process. Its manifesto, published in December 1835, attacked the ‘dishonest imputations of the French-Canadian leaders’ and later the seigneurial system, language unlikely to appeal to the silent majority of French Canadians or those disenchanted with Papineau. The result was a hardening of its position by early 1836, a situation helped by publicity from the Morning Courier, edited with determined and partisan vigour by Adam Thom. [24] The perceived need for ‘mutual defence and support’ led to the formation of the British Rifle Corps in December 1835. But Gosford’s response was immediate; it was banned on 15 January 1836. Its more militant members then formed a semi-secret society, the Doric Club that became the paramilitary wing of the Association.

By early September, Gosford had finally come to the belated conclusion that there would be no compromise with Papineau. He had issued a proclamation against sedition and ordered it to be read in all towns and villages by officers of the provincial militia. Most refused and many resigned and many who had not resign were dismissed. This posed a major problem for the authorities since militia officers were the guardians of law and order and there were few French Canadian sheriffs and magistrates whose loyalty could be relied on. An aggressive dialogue between the Tory and Patriote press threatened war in the streets. However, disturbances were still local and there was little sign of trouble in Quebec City and the areas around it where the Patriotes with their one newspaper, Le Libéral, never got beyond a war of words with the Loyalist Constitutional Association and its more militant Loyal Victoria.[25]

There were, nonetheless, three main areas of concern. First, the valley of the Richelieu centred on the towns of St-Denis, the home of the Patriote leader Wolfred Nelson, [26] St-Charles and St-Ours was worrying because of its proximity to the American border. [27] Secondly, to the north of Montreal beyond the Rivière des Prairies lay the substantial but isolated Patriote towns of St-Eustache, St-Benôit and Ste-Scholastique where there were reports of anarchy as early as June 1837 with loyalists living in fear and officials ‘elected by the people’ trying to maintain some semblance of order. An organised boycott of loyal British and French Canadian settlers in the Deux-Montagnes began shortly after a meeting of Patriotes in Ste-Scholastique in June at which Papineau set the tone of the rural agitation:

The British Parliament has stolen your lands and has given them to swindlers and traders…Now they threaten to steal your money…for a squalling pack of corrupt officials.

Finally, Montreal itself was far from secure. Papineau lived there and most of the trouble was centred on fractious and increasingly violent confrontations between the Fils de la Liberté and the Doric Club. Colborne wanted to arrest some of the excited parties but Gosford was still unwilling to act.

Beginning in October 1837, sporadic violence broke out in the countryside. [28] On 1 October, the Comité permanent de les Deux-Montagnes called on its inhabitants to elect magistrates. [29] Two weeks later, it also decided that each parish should establish its own militia. On 4 October, Fils de la Liberté published a manifesto calling for the election of a republican government and on 10 October, military units numbering 500 marched through the streets of Montreal singing revolutionary songs. Events increasing moved beyond Papineau much as Feargus O’Connor was bypassed by radical Chartists in September and October 1839. His progress through the Deux-Montagnes and down the Richelieu was a triumph. His presence inspired his supporters with the strength of his anger but the call to arms was getting louder. There were no arms as Papineau had forbidden attempts to buy them and arms required money and arrangements in the United States but no such plan existed. He returned to Montreal in early October where he found pressure for confrontation growing and the mood darker. The Comité central et permanent met daily hearing leaders and resolutions from the country districts but Papineau kept a discrete distance from plans he could not approve. William Lyon Mackenzie made contact arguing that it would be wise for them to coordinate their risings but though Papineau listened, no plans were made. Papineau condemned the nightly parades and threats of riot in the city but did nothing to stop them even if this was possible. While Papineau hesitated, the Fils de la Liberté marched in his name.

The calling of the Grande Assemblée des Six-Comtés (Richelieu, St-Hyacinthe, Rouville, Chambly, Verchères and L’Acadie) by the river at St-Charles that would call for a national convention, something Papineau had always favoured, marked the inexorable transition from agitation to rebellion. The gathering of chosen leaders speaking to massed Patriotes would lay down the ultimate challenge to the authorities. It would depose the Constitution and take the first tentative steps towards establishing a new state. Papineau would have to attend, even though he said the meeting was not his affair, and arrived at the small village of St-Marc, directly opposite St-Charles across the Richelieu, the evening before. His friends found him uncharacteristically uncommunicative, sombre and hesitant about his plans for the next day.

23 October was wet, cold with a covering of snow on the ground. There were banners everywhere including those symbolising the new republic with an American eagle carrying a maple leaf in its beak. The Pole of Liberty surmounted by a red cap, symbol of freedom and revolution and the inscription ‘To Papineau—his Grateful Compatriots—1837’ around its base stood before the platform. Aside from Papineau, the most important Patriote leaders were there: Wolfred Nelson and his brother Robert, both doctors, always strident in their attacks on the executive. Doctor Cyrille-Hector-Octave Côté of L’Acadie and his aide Lucien Gagnon [30] were powerful advocates of fire and blood; Thomas Storrow Brown, the General of the Fils de la Liberté; Amury Girod, a Swiss radical, loud and confrontational, and Doctor Chenier of St-Eustache, a compulsive talker and local leader. Wolfred Nelson who chaired the Grande Assemblée spoke first calling for the people, arms in hand, to put an end to tyranny. Papineau then rose and delivered a speech that was uncharacteristically moderate and hesitant. He called for people ‘of whatever origin, language or religion’ to organise themselves, and elect their own judges and militia officers in opposition to the British but it was now time to pause and reflect. Much had already been achieved by constitutional means, he maintained, and more could yet be achieved by the same means. This was not the time for a call to arms. At this point Nelson interrupted openly calling for revolt: ‘The time has come to melt our spoons into bullets’. For the next two hours, Papineau sat while speaker after speaker followed Nelson’s lead. They spoke in Papineau’s name binding him into an armed response that he clearly did not want. The delegates had prepared Thirteen Resolutions based on the Rights of Man, and these were approved by acclamation by the increasing excited crowd. These included one to reduce tithes and another to abolish some of the fees of the seigneurial system, designed to persuade the naturally conservative habitants into the Patriote camp. In attacking traditional French Canadian institutions, the Patriotes created an ideological rift in their ranks. What had been a political battle between executive and Patriotes was broadened, as Papineau feared, into a social revolution of habitant against seigneur. Despite Papineau’s call for restraint, this meeting marked a declaration of independence by the six comtés and was certainly interpreted as such by both radicals and the Government. [31]

The Roman Catholic hierarchy threw its weight behind a policy of compromise. [32] Lartigue’s first injunction was dated 24 October 1837, two days after a demonstration by 1,200 Patriotes in front of the Cathedral of St-Jacques protesting against the sermon given by Lartigue on 25 July at the ceremony when Ignace Bourget was consecrated as Lartigue’s coadjutor with the right of succession. [33] Lartigue had reminded the congregation of the Catholic Church’s attitude to rebellion against lawful authorities.[34] The first pastoral letter restated the traditional doctrine of the Church to ‘the obedience due to authority’ casting serious doubt on the wisdom of the radicals’ policy, which he considered imprudent as well as harmful. However, he did not threaten ecclesiastical sanctions against those in his diocese who did not respect his instructions. This letter was not well received by Patriotes. La Minerve on 30 October was particularly critical, as was Étienne Chartier, priest of St-Benoît who challenged the argument on which the pastoral letter was based. [35] According to Gilles Chaussé:

…although the clergy disassociated itself from the views expressed by the curé of St-Benoît, nonetheless a significant section of the clergy entertained serious doubts about the action of their bishop and on his view of the doctrine of unconditional obedience to the Crown and its representatives. [36]

This pastoral letter reminded clergy and laity of their religious responsibilities. [37] In reality, for many Patriotes it meant making a choice between their religious and political conscience. [38]

Papineau returned to Montreal from St-Charles afraid of what he had unleashed but knowing that the Patriotes could not rely on the active support of most French Canadians and the best they could hope for was their neutrality. Despite criticism of colonial government, for most in the province, the existing system of government was not intolerable. Neither did most people believe that the Patriotes could succeed in an armed conflict with the regular army or the loyalist militia. They may have been sympathetic to what Papineau was trying to do, but little more. The British minority could not be neutral but feared armed conflict less than general elections: the first, they were sure to win; the second, they were sure of losing. [39] Papineau still hoped that the British Government would give in before things went too far and this helps explain his timid attitude to rebellion. Despite pushing the constitutional strategy to extremes, he understood, unlike his more radical supporters, that it still offered the best prospect for success in changing the political system. It was already too late.

The disintegration of civil society called for a firm response from the colonial authorities. Nevertheless, Gosford was unwilling to take decisive action and still hoped for compromise with Papineau. He had had some success in increasing the French Canadian membership on the Legislative and Executive Councils and by October 1837, the active members of both bodies were largely French Canadian. For Loyalist militants, Gosford was completely in the hands of the French party. Although most French Canadians on the councils had unimpeachable loyalist credentials, some had been associated with Papineau and may have been leaking information to him. It is not surprising that Colborne did not provide Gosford with information about troop movements and had none of Gosford’s qualms about taking decisive action.

Colborne had already reinforced the garrisons in Montreal and Quebec City bringing their respective strengths to over 1,000 and 1,700 officers and men. This represented a small military force to control 650,000 people of varying degrees of loyalty, as both Colborne and the Patriotes knew. Colborne, however, had an effective intelligence system of loyal French Canadians that kept him well informed of Patriote plans. He had completed his assessment of the situation in the Montreal area by 22 September and decided to deploy additional troops. His decision was, in part, the result of an intensification of charivaris against loyalists in the Richelieu valley, something he had personally experienced at St-Hyacinthe and intelligence that Wolfred Nelson had already called on Patriotes to prepare to take up arms. Colborne’s counter-revolutionary moves in late September involved having two regiments in Montreal ready to march in winter into the Richelieu valley, and troops in barracks at Sorel, Trois-Rivières and Chambly to garrison the area south of the St Lawrence and a company at Bytown to deal with any problems in the Deux-Montagnes. Sir Charles Gore, [40] his quartermaster-general arrived in Montreal to inspect and refit barracks and Lieutenant-Colonel George Wetherall reconnoitred the Richelieu valley from Chambly to St-Denis, where he was leading his troops six weeks later. [41] After the assembly at St-Charles, Colborne moved further troops into the province including the 24th Regiment from Upper Canada where Sir Francis Bond Head was prepared to rely on his militia for protection. John Molson offered his steamboats to bring troops from Quebec to Montreal and the Constitutional Association was secretly organising Loyalists. [42]

By the end of October, in Montreal and its surrounding area, the news was disturbing. Patriote bands roamed the countryside demanding the resignation of militia officers and magistrates: some 116 from the counties bordering the Richelieu River alone. Intelligence sources suggested growing tensions between the Fils de la Liberté and the Doric Club in Montreal but also maintained that in direct conflict the Dorics would win. By early November, there were definite plans in Lower Canada for an uprising in the countryside followed by a move on the garrison towns and Quebec. Finally, Gosford was galvanised into action and urging the magistracy to act against leading Patriotes. He held back from suppressing the Vindicator and La Minerve in Montreal and Le Libéral in Quebec City but it made little difference. Whatever the Government did in the lower province, the move to rebellion remorselessly continued. All that was needed was a single overt act.

That event, when it came, took place in Montreal where tension between Patriotes and Loyalists had smouldered for several months. The Fils de la Liberté announced it intended to hold a mass rally, but on 4 November magistrates banned all parades in Montreal. The following day, Papineau made it clear that he thought the meeting was unwise and that a clash in the streets of Montreal was premature but the Fils de la Liberté stubbornly refused to listen. On 6 November, magistrates tried unsuccessfully to persuade Brown and André Ouimet [43] to call off the meeting. The result was a running battle between the Fils de la Liberté and the members of the Doric Club that ended with the Fils being swept from the streets. Around 2.00 pm the Riot Act was read and troops deployed to restore order. This did not prevent Loyalists from ransacking the offices of The Vindicator or attacking Papineau’s house before order was finally restored. There were few serious injuries though Brown lost of sight of an eye after being hit on the forehead and no deaths. The Patriotes now knew that the British Party would fight if necessary without regular military support and that they were not prepared to concede Montreal to the Patriotes. Although the Fils kept an armed guard at Papineau’s house, the Patriotes had lost any chance of taking Montreal.

At this point, the Government’s reaction began to take shape. The rumour, then the certainty, that the principal leaders would soon be arrested quickened the tempo of events. Colborne’s reaction was immediate. The 24th Regiment was ordered from Kingston to Montreal, two companies of the 83rd Foot moved to the city from Trois-Rivières and two companies of the 66th Regiment arrived at Chambly from Quebec. By 8 November Colborne was recruiting and arming volunteers and the following day set up his headquarters in Montreal. Patriote leaders retreated to their strongholds: St-Benoît [44] and St-Eustache in the Deux-Montagnes or St-Denis and St-Charles in the Richelieu Valley. [45] Events were quickly slipping from Papineau’s grasp and when urged to control Patriote activities in the countryside on 12 November he made it clear that he could not restrain it. On the same day, Colborne wrote to Gosford that:

…revolutionists are running over a large section of the country armed and menacing every individual who hesitates to join them…If…we permit the declared revolutionists to arm quietly, we shall lose the Province. [46]

Colborne also knew from intelligence that St-Hyacinthe would be the headquarters for the rebellion and that Papineau had been invited to go there on November 12 to declare himself and that, should he refuse, Wolfred Nelson would take the lead.

Despite this Gosford still hesitated. Warrants to arrest leading Patriotes were already in the hands of the authorities. This allowed Papineau, accompanied by O’Callaghan, to slip out of Montreal on 13 November and by the evening of 17 November they were in St-Denis. [47] On 13 November, Gosford cancelled the commission of 71 magistrates in Montreal and two days later, five Patriote leaders in Quebec were arrested but released three days later. On 16 November, 26 arrest warrants were issued in the district of Montréal for treason or sedition and by that night, André Ouimet, president of the Fils de la Liberté and five of his lieutenants were imprisoned. Thomas Storrow Brown was warned of his impending arrest and managed to escape from the city.

 


[1] On this issue see Chaussé, Gilles, ‘L’Église et les Patriotes’, Histoire Québec, Vol. 5, (2), (1999); Chaussé, Gilles, Jean-Jacques Lartigue: Premier eveque De Montreal, (Fides), 1980, and Lemieux, Lucien, L’Etablissement De La Premiere Province Ecclesiastique au Canada 1783-1844, (Fides), 1968, provide contextual material.

[2] Simard, Marc, Papineau et les patriotes de 1837, (Société canadienne du livre), 1983, offers a succinct overview.

[3] Soderstrom, Mary, Robert Nelson, Le Medecin Rebelle, (L’Hexagone), 1999 is the most recent study.

[4] Chabot, Richard, ‘Cyrille-Hector-Octave Côté’, DCB, Vol. 7, 1836-1850, 1988, pp. 208-211.

[5] Bernard, Philippe, Amury Girod: un Suisse chez les Patriotes, (Septentrion), 2000; Bernard, Jean-Paul and Gauthier, Danielle, ‘Amury Girod’, DCB, Vol. 7, 1836-1850, 1988, pp. 344-347.

[6] Brown, T. S., ‘The Rebellion of 1837: my Connection with it’, New Dominion Monthly, Vol. 4, (1), (1869), reprinted, Quebec, 1898, gives his own viewpoint.

[7] Ouellet, Fernand, ‘Papineau dans la Révolution de 1837-1838’, Société historique du Canada: Rapport de l'assemblée annuelle, Vol. 39, (1958), pp. 13-34.

[8] Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, (VLB), 1987, is an extensive analysis of the assemblies held in 1837 and 1838.

[9] Ibid, Bernard, Jean-Paul, Assemblées publiques, pp. 23-28.

[10] The Vindicator, 12 May 1837.

[11] MacNutt, W. S., New Brunswick, a history: 1784-1867, (Macmillan), 1984, is an important study and is especially good on political developments though it does not entirely replace Hannay, James, History of New Brunswick, 2 vols. St John, N. B., 1909.

[12] Beck, Murray, (ed.), Joseph Howe: Voice of Nova Scotia, (McClelland & Stewart), 1964; his five letters to Lord Russell in 1839 are printed in Egerton, H. E. and Grant, W. L., Canadian Constitutional Development, pp. 191-252, passim.

[13] Gallichan, Gilles, ‘La session de 1837, Les Cahiers des Dix, Vol. 50, (1995), pp. 117-208. Kennedy, pp. 436-442, prints Gosford’s address to the legislature and its response.

[14] On the Fils de la Liberté, ibid, Laporte, Gilles, Patriotes et Loyaux, pp. 151-155.

[15] Ibid, .pp. 175-194.

[16] Ibid, pp. 257-290.

[17] Greer, Allan, The Patriots and the People: The Rebellion of 1837 in rural Lower Canada, (University of Toronto Press), 1993, pp. 69-86, 254-255, and Hardy, René, ‘Le charivari dans l’espace québécois’, in Courville, Serge and Séguin, Normand, (eds.), Espace et Culture/Space and Culture, (Presses de l’Université Laval), 1995, pp. 175-186, provide important discussion on this issue. Thompson, E. P., ‘Rough Music’ reprinted in his Customs in Common, (Merlin Press), 1991, pp. 467-538, an extended version of ‘Rough Music: Le Charivari anglais’, Annales: Économies, Sociétés, Civilisations, Vol. 27, (1972), is also valuable.

[18] Jones, David, ‘The Scotch Cattle and their Black Domain’, in Before Rebecca, pp. 86-112.

[19] Archives Nationales du Québec à Montréal (ANQM): dossier Événements 1837-1838, No. 607, 15 July 1837.

[20] Archives Nationales du Québec, fonds P224, no. 146.

[21] Balmer, Randall, and Randall, Catharine, ‘“Her Duty to Canada”: Henriette Feller and French Protestantism in Quebec’, Church History, Vol. 70, (2001), pp. 49-72, examines her role as a Protestant missionary.

[22] Rumilly, Robert, Histoire de la Société Saint-Jean-Baptiste de Montréal, des Patriotes au fleurdelysé, 1834-1948, (Éditions de l’Aurore), 1975.

[23] Ibid, Patriotes et Loyaux, pp. 100-156, examines Patriote and Loyalist developments in Montreal in the 1830s.

[24] Bindon, Kathryn M., ‘Adam Thom’, DCB, Vol. 12, 1881-1890, 1990, pp. 874-877.

[25] Ibid, Patriotes et Loyaux, pp. 67-100, explores the situation in Quebec.

[26] Thompson, John, ‘Wolfred Nelson’, DCB, Vol. 9, 1861-1870, 1976, pp. 593-597.

[27] Wood, William C. H., The storied province of Quebec: past and present, 5 vols. Toronto, 1931, Vol. 2, pp. 831-853, and Moore, Arthur, H., The Valley of the Richelieu: an historical study, Quebec, 1929, provide context.

[28] Fortin, Réal, Les Patriotes du Haut-Richelieu et la bataille d`Odelltown, (SNQ Richelieu St-Laurent), 1987.

[29] Boileau, Gilles, 1837 et les patriotes de Deux-Montagnes: les voix de la mémoire, (Éditions du Méridien), 1998.

[30] Chabot, Richard, ‘Lucien Gagnon’, DCB, Vol. 7, 1836-1850, 1988, pp. 333-335.

[31] Ibid, Louis-Joseph Papineau, p. 15.

[32] Correspondance de Mgr Jean-Jacques Lartigue (1836-1840), in Rapport de l’archiviste de la province de Québec, Vol. 25, (1944-1945), pp.173-266; Vol. 26, (1945-1946), pp. 47-134.

[33] Ibid, Chaussé, Gilles, Jean-Jacques Lartigue, p. 199.

[34] Ouellet, Fernand, ‘Le mandements de Mgr Lartigue de 1837 et la réaction libérale’, Bulletin des recherches historiques, Vol. 58, (2), (1952), pp. 97-104.

[35] Chabot, Richard, ‘Etienne Chartier’, DCB, Vol. 8, 1851-1860, 1985, pp. 140-146, and more generally ‘Le rôle du bas clergé face au mouvement insurrectionnel de 1837’, Cahiers de Sainte-Marie, Vol. 5, (1967), pp. 89-98.

[36] Ibid, Jean-Jacques Lartigue, p. 211.

[37] Ibid, p. 200.

[38] Ippersiel, Fernand, Les cousins ennemis: Louis-Joseph Papineau et Jean-Jacques Lartigue, Montreal, 1990, provides a valuable juxtaposition.

[39] Ibid, Redcoats & Patriotes, p. 18.

[40] Spurr, John, ‘Sir Charles Gore’, DCB, Vol. 9, 1861-1870, 1976, pp. 327-329.

[41] Spurr, John, ‘Sir George Augustus Wetherall’, DCB, Vol. 9, 1861-1870, 1976, pp. 826-828.

[42] Dubuc, Alfred, and Tremblay, Robert, ‘John Molson’, DCB, Vol. 8, 1851-1860, 1985, pp. 630-634.

[43] Lorimier, Michel de, ‘André Ouimet’, DCB, Vol. 8, 1851-1860, 1985, pp. 667-668.

[44] Dumouchel, A., ‘Notes d’Alfred Dumouchel sur la rébellion, 1837-38 à St-Benoît ‘, Bulletin des recherches historiques, Vol. 35, (1929), pp. 31-51.

[45] Allaire, J.-B.-A., Histoire de la paroisse de St-Denis-sur-Richelieu, St-Hyacinthe, 1905, is the best general history of St-Denis.

[46] Colborne to Gosford, 12 November 1837, cit, Senior, Elinor Kyte, Redcoats & Patriotes, p. 51.

[47] Verney, Jack, O’Callaghan: The Making and Unmaking of a Rebel, (McGill-Queen’s University Press), 1994.

Punishment and the Bloody Code

Between 1830 and 1914, there were three major changes in the ways convicted offenders were treated. First, there was a shift from death or transportation as the major punishment for felonies to imprisonment in custom-built prisons.[1] Secondly, there was a shift, admittedly less marked, from the personnel of the courts making all key decisions about the offender to the experts in the new prison system making some of those decisions. Finally, once it was agreed that most offenders should be sent to prison, the crucial arguments centred on to what extent prisons were places of punishment or reformation.

The traditional view of changes in punishment accepts that the ‘Bloody Code’ was arbitrary and savage and that the reformers’ stance was moral unassailable. Penal reform began with the abolition of capital statutes urged by Romilly and Mackintosh and largely carried out by Sir Robert Peel and Lord John Russell when Home Secretaries in the 1820s and 1830s. It gathered pace as the government took an increasing role in the organisation and supervision of prisons with the opening of Millbank in 1816 and Pentonville in 1842, with the creation of the prison Inspectorate in 1835 and the centralisation of the whole system under the Home Office in 1877.

Crime 11

Revisionist historians accept the savagery of the ‘Bloody Code‘ but have been more subtle in assessing its arbitrariness and see the emergence of the new prison system as a further institutional solution to the need for social control and discipline paralleling the workhouse established under the new Poor Law. In many respects, the arguments of traditionalists and revisionists are the mirror image of each other. In the traditional Whig view, the humanitarian and progressive nature of penal reform fits with the humanitarian and progressive requirements of the liberal democratic society that emerged in the early-nineteenth century. In the revisionist account, there is a fit between the new system of prison and punishment and the control requirements of the developing capitalist system.

The ‘Bloody Code’ in 1800 had about 200 or so capital offences. The most serious offences against persons and property tried at assizes or at the Old Bailey were punishable by death. County quarter sessions and all but two borough sessions had no such power. Execution was usually by hanging. Individuals could claim benefit of clergy, a medieval right extended to men and women who could demonstrate basic literacy, until the law was abolished by Peel in 1827.[2] Gaols held the accused before trial and some petty offenders were sentenced to short periods of imprisonment but their function did not extend to long-term incarceration. Transportation, after 1787 to Australia, was seen as a solution for many criminals.

Crime 12

Newgate Prison c1780

There was growing unease about the operation of the legal code that led to demands for reform of the criminal law. Campaigners like Sir Samuel Romilly protested that there was a ‘lottery of justice’.[3] There was uncertainty about the punishment for different offences and that even when the death sentence was passed it was far from certain that it would be carried out and, as a result, there was no lesson for the public. Judges, he feared, had too many discretionary powers and responded to different offences in their own individual ways.[4] Romilly and reformers like him have been portrayed as far-sighted humanitarians beset on all sides by die-hard reaction.

By the late-eighteenth century, some of the more savage physical punishments of the medieval and early-modern period were rarely used. People were still whipped and the public whipping of women did not end until 1817. Also in decline were those punishments like the stocks or the pillory largely because they no longer worked. Some of those pilloried lost an eye or were even killed; some wore armour to protect themselves. On the other hand, someone like the bookseller John Williams who sold newspapers criticising the government in 1765 was cheered in the pillory and was given £200 raised in a collection. There never were 200 or so separate and completely different offences that were liable to a capital sentence and the use of capital punishment as a solution had been questioned long before Romilly began his campaign.[5] In 1783, the procession to Tyburn for execution was abolished and after this, hangings took place outside Newgate Prison. In this context, Romilly‘s achievement is perhaps less pronounced. Romilly and other reformers were able to get things done because an increasing amount of parliamentary opinion, across the political spectrum, was beginning to line up behind the arguments being employed. For example, the bill to abolish the death penalty for pickpockets went through Parliament in six weeks in 1808 without a division.[6]


[1] The most vivid revisionist study on prisons is Ignatieff, Michael, A Just Measure of Pain: the penitentiary in the Industrial Revolution 1750-1850, (Macmillan), 1978. Sharpe, J.A., Judicial Punishment in England, (Faber), 1990 covers a broader span of time. Gatrell, V.A.C., The Hanging Tree. Execution and the English People 1770-1868, (Oxford University Press), 1994 is a major study of changing sensibilities and debunks many myths about execution. See also, McConville, Sean. A history of English prison administration, 1750-1877, (Routledge), 1981 and Brown, Alyson, English society and the prison: time, culture and politics in the development of the modern prison, 1850-1920, (Boydell), 2003.

[2] In 1512, Henry VIII had made certain offences ‘felonies without benefit of clergy’ and by the end of the sixteenth century, the list of unclergyable offences included murder, rape, poisoning, petty treason, sacrilege, witchcraft, burglary, theft from churches and pickpocketing. In the eighteenth century, increasing crime rate prompted Parliament to exclude some minor property crimes from the benefit of clergy. Eventually, housebreaking, shoplifting goods worth more than 5 shillings and the theft of sheep and cattle all became felonies without benefit of clergy and earned their perpetrators automatic death sentences.

[3] Memoirs of the Life of Sir Samuel Romilly written by himself, with a selection from his Correspondence, edited by his sons, 3 Vols. (John Murray), 1840 and The Speeches of Sir Samuel Romilly in the House of Commons, 2 Vols. (J. Ridgway and sons), 1820 provide contemporary material. See also, Medd, Patrick, Romilly: a life of Sir Samuel Romilly, lawyer and reformer, (Collins), 1968 and Gregory, C.N., ‘Sir Samuel Romilly and criminal law reform’, Harvard Law Review, Vol. 15, (1902), pp. 446-467.

[4] Romilly, Samuel, Observations on the Criminal Law of England: as it relates to Capital Punishments, and on the mode in which it is administered, (T. Cadell and W. Davies), 1810, pp. 8-23,

[5] Potter, Harry, Hanging in Judgment: Religion and the Death Penalty in England from the Bloody Code to Abolition, (SCM Press), 1993, Bentley, David R., Capital Punishment in Northern England, 1750-1900, (BPR Publishers), 2008 and McLeod, Hugh, ‘God and the Gallows: Christianity and Capital Punishment in the Nineteenth and Twentieth Centuries’, Studies in Church History, Vol. 40, (2004), pp. 330-356.

[6] See Handler, Philip, ‘Forgery and the end of the ‘bloody code’ in early nineteenth-century England’, Historical Journal, Vol. 48, (2005), pp. 683-702.

Tuesday, 8 March 2011

The Fils de la Liberté

The Fils de la Liberté was formed in August 1837 and held its first assembly on 5 September when between 500 and 700 people attended. It based itself on the Sons of Liberty that had existed during the American Revolution but the more immediate inspiration was another organisation that already existed in Vankleek Hill, the centre of radical activity in the valley of the Outaouais. The core of the association was made up of young Patriotes but the links between it and other members of the Parti Patriote was maintained by two lawyers François-Marie-Thomas Chevalier de Lorimier and Georges Étienne Cartier. The assembly at Saint-Charles on 23 October approved the organisation of the Fils de la Liberté.[1]

The members of the association normally gathered at the Hotel Nelson in the rue Saint-Jacques. Other groups were formed outside Montreal but they only accounted for about 200 members. To disseminate information, the organisation made use of the ‘small ads’ sections of pro-Patriote newspapers.[2] These can be found in both La Minerve and the Vindicator generally under the name of the association or its slogan ‘Forward’. The group also had its own hymn, ‘Avant tout je suis Canadien’, written by George-Étienne Cartier. The organisation of the Fils de la Liberté disappeared a little after the street fighting of 6 November and the issue of arrest warrants for Papineau, O’Callaghan, Brown and Ouimet on 16 November. Gosford estimated that the Fils had 2,000 members at this time but this may be a deliberate over-estimate and it is difficult to be certain about its total membership because the numbers attending Fils activities varies considerably from source to source.

According to the deposition of G-H-É Therrien[3], the members of the association wanted to ‘redress their grievances....through moral force’.[4] In other words, they wanted to use legitimate means to put forward their point of view. The publication of the Adresse des Fils de la Liberté de Montréal aux jeunes gens des colonies de l’Amérique du Nord on 4 October 1837 marked the beginnings of conflict between the Fils and loyalists.[5] The Fils was organised into two sections: a civil wing was under the direction of Papineau and O’Callaghan with the lawyer André Ouimet[6] as president that met on Mondays; and, a military wing directed by Thomas Storrow Brown that met on Sundays to practice military operations. The organisation of this brotherhood was very effective with each of the six civil sections led by a group leader who, in the event of conflict, became colonels on the model of the militia. This calls into question the conclusions of some historians who saw the Fils as a small and ineffective organisation.

The different types of meeting were designed either to inform members or provide them with some military preparation. Resolutions were adopted in the same way as at other Patriote assemblies though it is unclear whether this applies to both types of meetings.[7] Neither is it clear whether participation by members at both types of meeting was voluntary or obligatory. What is evident is that the organisation did not regard itself as involved in a nationalist or religious battle but in a fight against the oppression of government, the battle between democracy and aristocracy. Evidence for this comes from the minutes of the meeting on 5 September reported in La Minerve.[8] It reported that the fourth rule was

La société se composera de la jeunesse en général et les seuls titres exigibles pour ceux qui désireront en faire partie, seront l’honnêteté et l’expression sincère de défendre leur pays contre l’arbitraire administration qui le régit, sans distinction de rang, d’origine ou de culte.

In the same article, La Minerve also mentioned that ‘the association was concerned exclusively with politics and all that was attached to it’. This somewhat contradicted the division between civil and military unless it was envisaged from the formation of the Fils that armed conflict was inevitable.

Since its formation in August, the Association des Fils de la Liberté had called an assembly on the first Monday of each month.[9] This occurred at the Place d’Armes where the Fils planted a tree of liberty.[10] It was, however, the meeting on 6 November 1837 that has been given the greatest attention. Since the meeting had been announced the previous Friday, rumours had circulated in Montreal that people should expect a second 21 May 1832.[11] Shortly after, the loyalists and their paramilitary section, the Doric Club said that it too would be holding a meeting and demonstration on 6 November. Jesse Lloyd, an emissary from Mackenzie in Upper Canada was in Montreal and Papineau did not want any conflict at this time and thought the projected march by the Fils de la Liberté ill-advised.[12]

Under these circumstances, magistrates decided to ban both processions to avoid any confrontation between the two groups. Two magistrates, Théophile Dufort and John Donegani managed to get an agreement between the Fils and the Doric Club. The constitutionalists promised to do nothing if the Fils did the same. The magistrates also pressured Papineau to intervene and prevent the procession and assembly leading his son Amédée to retort, ‘Non papa! En avant! En avant.’ However, the truce between the two groups had broken down by dawn on 6 November when Montreal was plastered with Patriote posters saying

Que les Loyaux habitants de Montréal se rendent à midi et demi sur la Place d’Armes, aujourd’hui 6 novembre 1837, pour étouffer la rébellion au berceau.[13]

The Doric Club retorted by also putting up posters throughout the town stating

...les Loyaux habitants de Montréal à se rendre à midi sur la Place d’armes pour tuer la rébellion dans l’œuf.[14]

Despite the clear threat from the Doric Club, the Fils went ahead with their meeting prompted in part by an article in La Minerve denouncing the measures taken by the magistrates in order to prevent the meetings as well as the ‘challenge’ launched by the members of Doric Club.[15] The Fils de la Liberté were ordered to go to their assembly two by two without drawing attention to themselves, without music and with as little fuss as possible and without any flags and, importantly, they were to obey the law. However, according to Amédée Papineau, they were all armed with guns or daggers under their coats. The meeting took place in the court of an inn belonging to Joseph Bonacina on the corner of the rue Notre-Dame and the rue Saint-Jacques.[16] Amédée Papineau said that there were about 1,500 people present though M. O’Sullivan put the figure at only 350.[17] The main speakers were André Ouimet, president of the Fils de la Liberté, Amury Girod, Thomas Storrow Brown and Edmund O’Callaghan, deputy of the Parti Patriote and editor of the Vindicator and E-E Rodier, also a deputy and one of the most radical members of the Parti Patriote who spoke in particularly inflammatory manner. Louis-Joseph Papineau was not present.

Around 3 pm, a group of between twenty and thirty young men threw stones and insults in the direction of the assembly. During this time, the Fils de la Liberté adopted twelve resolutions of which one called off the monthly assemblies for the winter until May the following year.[18] The meeting ended around 4 pm and most of the Fils de la Liberté began to go home down the rue Notre-Dame. The others moved towards those who were attacking them shouting its slogan ‘En avant, en avant’. In reality, they may not have been members of the Doric Club but simply the curious and fled once the Fils took a more offensive stance. A small group moved to the house of Dr William Robertson, one of the murderers of 1832 but fled when the Fils de la Liberté stopped to ransack his house. Others attacked a shop in the rue Notre-Dame where several people were hiding. A magistrate quickly went to inform the soldiers to leave their barracks in the Porte de Québec. The Fils succeeded in emptying the streets and quietly started to go home but several Patriotes had been assaulted. Thomas Storrow Brown was viciously attacked on the corner of the rue Saint-Jacques and Saint-François-Xavier but was helped home by one of his friends. Brown lost the sight in one eye and Ouimet was wounded in the knee. Early in the afternoon the Riot Act was read and the Royal Regiment, supported by the Artillery, ordered out to patrol the streets. Some Patriotes were informed that regular soldiers were about to arrive and judging that they were not enough to defend themselves, the remnants of the Fils de la Liberté began to return to their homes.

The Doric Club arrived but the initial disturbances had already ended. During a small skirmish with several of the Fils de la Liberté, De Lorimier was glanced by a pistol ball. The Dorics moved down the rue Dorchester and cornered some Fils at the house of Doctor Gauvin. They threw stones at the house of Joshua Bell, Brown’s deputy who responded by twice firing his rifle from a window but missed on both occasions. They then moved to Louis-Joseph Papineau’s house and began to shout insults and throw stones. Papineau stayed inside the house with his wife and children including Amédée, who had just returned from the riot. However, regular troops protected the house. Others attacked the offices of the Vindicator in the rue Sainte-Thérèse throwing the presses, print and paper into the street but did not touch the offices of the equally partisan La Minerve. There were soldiers in the vicinity but they did not intervene later defending their inaction by stating that they wanted to use the troops at Papineau’s house. Finally, the residence of Robert Nelson was attacked but after this the members of the Doric Club went home. Why the Doric Club largely attacked anglophones such as Brown, Bell, Nelson and O’Callaghan is unclear other than them being seen as traitors to the British cause.

Why have the events of 6 November been viewed by historians of such importance given that the street fighting appears not to have been as severe as events in 1832? The disturbances on 6 November fell into several phases. First, the Fils congregated for their meeting at Bonacina’s inn around 2 pm. Secondly, around 3pm, the meeting was attacked by a crowd of ordinary Montrealers. This appears to have been an uncoordinated action that may or may not have involved members of the Doric Club. Thirdly, once the Fils ended their meeting at around 4 pm, most went home but a small group took the offensive and cleared the streets of their attackers. Fourthly, regular troops arrived to restore order and it appears that the Fils melted away. Finally, the Doric Club arrived but, apart from a short skirmish with the remaining Fils, concentrated on attacking the houses of leading Patriotes especially Papineau’s.

First, it is clear that if this was a rebellion, an unlikely scenario but a position held by the Doric Club, then the Fils lost and lost badly. They had been pushed on to the defensive almost from the outset and although the Doric Club did not get involved until the disturbances were almost over, their actions were far more offensive and destructive in character. In fact, the meeting of the Fils appears to have attempted to defuse future confrontations by postponing further assemblies until the middle of the following year and the number of the Fils involved in direct action was only a small proportion of those who attended the meeting. The Patriotes now knew that loyalists would fight if necessary without regular military support and that they were not prepared to concede Montreal to the Patriotes. Secondly, the military found itself caught between the two groups and although it protected Papineau’s house effectively, its response in other areas was half-hearted and, in the case of the attack on the offices of the Vindicator non-interventionist. Finally, Gosford and the authorities recognised that the tensions between Fils de la Liberté and the Doric Club were serious but that the volunteers were able to contain the rebellion without the assistance of regular troops. The rumour, then the certainty, that the principal leaders would soon be arrested quickened the tempo of events. Colborne’s reaction was immediate. The 24th Regiment was ordered from Kingston to Montreal, two companies of the 83rd Foot moved to the city from Trois-Rivières and two companies of the 66th Regiment arrived at Chambly from Quebec. By 8 November Colborne was recruiting and arming volunteers and the following day set up his headquarters in Montreal. Patriote leaders retreated to their strongholds: St-Benoît and St-Eustache in the Deux-Montagnes or St-Denis and St-Charles in the Richelieu Valley. Events were quickly slipping from Papineau’s grasp and when urged to control Patriote activities in the countryside on 12 November he made it clear that he could not restrain it. Within a week, arrest warrants for the Patriote leaders were issued, an event that precipitated a more widespread rebellion in the Richelieu and the Deux-Montagnes.

Appendix: Address of the Fils de la Liberté of Montreal to the young people of the colonies of North America

Brothers:

When urgent events in the affairs of a country make it necessary for citizens to form associations, the respect that is due to the opinions of society requires that these citizens explicitly declare the motives which led them to coalise, and the principles that they intend to establish by the means of their organisation.

We consider that, based upon the privilege of each individual to act on his own behalf, by the very basis of society, the privilege to join all of one’s energy to that of one’s co-citizens, in all projects aiming for defence or mutual interest, and consequently the right of association, is a right as sacred and as unalienable as that of individual liberty itself. We sustain that governments are created for the common good and can only rightfully exist with the consent of the governed, and that whatever artificial change may occur in the affairs of society, a chosen government is nevertheless an inherent right of the people. Since it cannot be alienated, one should not need to ask before putting it in practise.

All governments being instituted for the good of the whole people, by no means for the honour or the profit of only one individual, any claim to rule according to a divine or absolute authority, claimed by or for any man or class of men, is blasphemous and absurd, just like it is monstrous to inculcate it and degrading to admit it. The authority of a motherland over a colony can only exist for as a long as the colonists who live in it find this relation to their advantage; because it has been established and populated by these colonists, this country belongs to them by right, and consequently can be separated from any foreign connection whenever the disadvantages, resulting from an executive power located abroad and which ceases to be in harmony with a local legislature, make such a step necessary to its inhabitants, in order to protect their lives and their freedom or to acquire prosperity. By taking the name of Fils de la liberté (Sons of Liberty), the association of the young people of Montreal by no means intends to make it a private cabal, a secret junta, but rather a democratic body full of strength, which will be composed of all the youths that the love of the fatherland renders sensitive to the interests of their country, whatever their belief, their origin or that of their ancestors.

The reasons, which in the current situation imperatively call upon all classes, but especially that of the young people, to active life and heroic devotion to the cause of their country, are many and imposing.

At the time of the cession of this province in 1763, in order to consolidate British power on the banks of the St. Lawrence, certain rights of land property, of religion and government had been guaranteed to the Canadiens, and had been confirmed later, in 1774, when the noble revolution of the American States rendered concessions to the new subjects of the Empire an urgent policy. The brilliant successes of the United States and the movement of the French revolution, having given England a reason to fear for its remaining possessions in America, it passed in 1791 the Constitutional Act, which divided the province into Upper and Lower Canada, and established a representative assembly for each one. In 1812, conciliation again became a necessary measure because of the United States’ declaration of war. These times of danger were for Canada periods of an apparent justice, while those intermediate as well as those which followed provide but a long story of injustices, atrocities and repeated usurpations. We thus saw British administrators displaying a cowardice and a perfidy completely unworthy of a powerful nation, never ceasing to delude the Canadien people with promises full of disappointment, and who, in times of urgent need and once the crisis had passed, would not redden when resorting to all kinds of expedients to differ or avoid to honour their most solemn engagements.

After seventy years of English domination, we are forced to see our country in a state of misery when compared to the flourishing republics that had the wisdom to shake the yoke of the monarchy. We see the emigrants of the same classes coming from the other side of the sea, poor wretches on our soil, turn happy the moment they join the great democratic family, and everyday we sadly experience the fact that it is only to the noxious actions of the colonial government that we must allot all our evils. An alleged protection paralysed all our energies. It preserved all that was good, and blocked all measures of reform and improvement.

While each of the townships distributed over the immense territory of our neighbours has the advantage of being wisely governed by a free democracy, which is formed by itself, and to act energetically, we, on the other hand, are abandoned to the mercy and control of a government in which the people have no voice, whose influence tends to corrupt public virtues at its source, discourages entrepreneurship, and destroys the generous impulse of all that can effectively lead to the advancement and prosperity of our country.

A legion of officers appointed without the approval of the people, to which they in the majority are opposed and to which they are never responsible, who hold their public charge at the will of an irresponsible Executive, is now in authority above us with wages that are enormously disproportionate as much with regards to our means as to their services, so that these employments seem created for family interests or personal elevation, rather than for the advantage of the people or to satisfy their needs.

The trial by jury that we had been taught to see as the palladium of our freedoms, has now become a vain illusion, an instrument of despotism, since the sheriffs, creatures of the Executive, on which each day they depend for their continuation in a charge to which enormous emoluments are attached, have the freedom to choose and summon such jury that they like, and consequently can become the arbiters of the people in the political lawsuits launched by its oppressors.

Funds of an immense value, given by a wise and far-sighted government or by individuals distinguished by their generosity, to the late order of the Jesuits and granted by them solely for the benefit of education, were diverted of such a creditable purpose, to be used as instruments of corruption by useless and almost always reprehensible officers, while the children of the province who were deprived of the funds intended for their instruction, grew up without being able to take advantage of this benefit, and saw themselves being reproached for their lack of education later on in life.

Our public lands, defended in two consecutive wars by the bravery of the inhabitants of the country, later turned valuable by the opening of communications accomplished at the cost of great and tiring labour, and by settlements stretching as far as the desert, were sold or given, ignoring our representation, to a company of speculators, living on the other side of the Atlantic, or were divided amongst parasite officials who, for reason of interest, leagued themselves up in a faction to support a corrupted government, enemy of the rights and opposed to the desires of the people, while our fathers, our parents, our colonist brothers are served only refusals, or are unable to afford these uncultivated lands to establish themselves.

Laws on land tenancy, absolutely inapplicable to the condition of the country, unjust in their operation, have been imposed on us by a foreign Parliament, which in order to favour private and sinister interests, confiscated the power over interior legislation, which solely belongs to the legislature of the province.

Trade regulations for this colony, adopted by a foreign Parliament are currently enforced against our consent. By that we find ourselves limited to a small subset of opportunities and deprived of the means to extend our trade to all the ports of the world when the markets of Great Britain are not as advantageous to the disposal of our products; from there the impotence and inertia of our commercial undertakings.

The representation of the country has become a notorious object of mockery. A corrupted executive has constantly worked to make our House of Assembly an instrument suited to inflict slavery upon its constituents; and seeing that it did not succeed in this vile project, it rendered its action impotent by frequent prorogations or dissolutions, or by refusing assent to bills essential to the people and that had been passed unanimously by the representatives.

A Legislative Council whose members are responsible for the appointment of an authority that is ignorant of the affairs of the colony, and located at a distance of 3,000 miles away, mainly made up of people who have no sympathy for the country, still currently exists as a sort of an impotent screen between the government and the governed, always ready to nullify all attempts at useful legislation. An Executive Council appointed in the same way, whose influence poisons the heart of each successive governor, still remains intact, protecting the accumulation of office positions and all the abuses which are attached to each public department. A governor as ignorant as his predecessors, and following the example of each one of his predecessors, turned into an official partisan, leads the governmental machine for the advantage of the small number, and is little concerned with the interests of the majority, or is even determined to be an obstacle to it.

Our grievances were accurately recorded and on several occasions submitted to the King and to the Parliament of Great Britain, in resolutions passed by our county meetings and our representatives assembled in Parliament, and in the humble petitions of all the nation. We made our remonstrances heard with all the power of arguments, and through the moral strength of the truth. No remedy was put forward, and in the end, when the tyranny of those who are invested with power in the province increased at an unbearable level because of the impunity which is assured to them, an ungrateful motherland took advantage of a time of general peace, to force us to close our eyes and approve our own degradation, by threatening us to seize our public revenue by force, challenging natural rights, and all the principles of law, of politics and justice.

The current state of deterioration of our country being the result of three-quarters of a century of a cordial devotion to our connection with England, and of our trust misled in British honour, it would be to show ourselves criminal and born for slavery to limit our resistance to simple representation. The perfidious projects of the British authorities broke all bonds of sympathy with a motherland that shows herself to be insensitive. A separation has started between our two parts and it will never be possible to cement this union again, and in fact, the separation will continue with an increasing strength, until one of these unexpected and unforeseen events, such as those we sometime see in our current times, provide us with a favourable occasion to take our place among the independent sovereignties of America. We have let two superb occasions slip by: let us be prepared for a third one. A destiny full of glory is reserved for the youth of these colonies. Our fathers spent a long career of anguish fighting against all the phases of despotism day after day. By leaving this world, they bequeathed us with a heritage, which they worked hard to increase at the cost of every sacrifice dictated by patriotism. In us is entrusted the duty to continue their sublime projects, and to free, in our days, our beloved fatherland from any human authority other than one with an intrepid democracy sitting in its midst.

With such an encouraging prospect before our eyes, with a responsibility as high as the one which rests upon us, it is our duty to put aside all the flightful fancy of the youth, and to dedicate ourselves entirely to the considerations of politics, and the needs and resources of our country; to augment its wealth by encouraging its manufacturers and its products; to preserve all its strength by stopping the consumption of all the articles imported from overseas; but above all, to accustom ourselves to sacrifice, by cutting off our personal expenses, by avoiding excess and superfluity, will it be possible to give c the means of supporting one another in the fight for life and freedom to which sooner or later we will be committed to, until the avent of the glorious day that will see us leave a long and obscure slavery to enjoy the brightness of light and freedom.

Consequently, we, the officers and members of the Fils de la liberté association in Montreal, in our own name, as in the name of those we represent, we solemnly commit ourselves before our maltreated homeland, and each one of us, to devote all our energy, and to hold us ready to act, according to whether the circumstances require it, in order to obtain for this province:

· A reformed system of government, based upon the principle of election;

· A responsible executive government;

· Control by the representative branch of the legislature of all public incomes of all sources;

· The recall of all the laws and charters passed by a foreign authority that could encroach on the rights of the people and its representatives and especially those which pertain to property and the tenure of lands belonging either to the public or to the individuals;

· An improved system for the sale of public land, so that those who desire to settle can do it for as little cost as possible;

· The abolition of holding multiple offices and the irresponsibility of public officers, and

· A strict equality before the law for all classes without distinction of origin, language or religion.

Trustful in the providence and strong of our rights we invite by the present all the young people of these provinces to create associations in their respective localities, for the purpose of obtaining a just government, cheap and responsible, and ensuring the safety, the defence and the extension of our common liberties.

André Ouimet, chairman

J.L. Baudry, Joseph Martel, vice chairmen

J.G. Beaudriau, treasurer

J.H.E Therrien, minute secretary

G. Boucherville, correspondent secretary

Frs. Tulloch, deputy correspondent secretary

J.S. Neysmith, Toussaint Demers, N. Lafrenière, Pierre Grenier, Louis Dumais, Joseph Letorre, L.P. Boisvin, R. Courselle, Casimir Arcourt, Amable Simard, J.B. Label, Jos. Gaudry, James Finey, Louis Lebeau, Thomas Barre, F. Tavernier, Joseph Dufaut, Joseph Leduc, Paul Martin, A.B. Papineau, J.B. Brien, P.G. Damour, André Lacroix, Henry Lacaille, Pierre Larceneur, N. Berthiaume, Narcisse Valois, H. Carron, H.A. Gauvin, L. C. Perreault, C. de Lorimier, Norbert Larochelle, André Giguère, Louis Barre, Simon Crevier, André Lapierre, R. Desrivières.

Montréal
October 4 1837


[1] La Minerve, 26 October 1837.

[2] La Minerve, 14 September 1837

[3] Messier, p. 456.

[4] Tousignant, Pierre, La déposition de George-Henri-Edouard Thérien et les Fils de la liberté, Colloque de la Societé d’histoire de l’Amerique française, UQAM, March 1987.

[5] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 214-222 prints the address in French. For an English translation, see the appendix below, pp.

[6] Messier, p. 364.

[7] La Minerve, 9 November 1837.

[8] La Minerve, 7 September 1837.

[9] La Minerve, 7 September 1837. The previous assemblies had be on 5 September and 4 October.

[10] Fauteux, Aegidius, Les patriotes de 1837-1838, (Édition des Dix), 1950, p. 34.

[11] Riots occurred during the Montreal by-election in May 1832 when three Patriotes were killed after regular troops opened fire on a crowd. Ibid, Senior, Elinor Kyte, British Regulars in Montreal: An Imperial Garrison, 1832-1854, pp. 11-23, provides the best account of the riots and their aftermath.

[12] Groulx, Lionel, Histoire du Canada français, Vol. 2, (Fides), 1960, p. 163.

[13] Papineau, Amédée, Journal d’un Fils de la Liberté 1838-1855, (Septentrion), 1998, p. 73.

[14] A rough translation is: ...the loyal inhabitants of Montreal will meet at midday at the Place d’Armes to strangle the rebellion at birth.

[15] La Minerve, 6 November 1837.

[16] For Patriotes the rue Saint-Jacques was the ‘rue du sang’, the location of what they saw as the Montreal massacre of 1832.

[17] Ibid, Papineau, Amédée, Journal d’un Fils de la Liberté 1838-1855, p. 73.

[18] L’Ami du Peuple, November 1837.

A new morality?

From the early-nineteenth century, until absorbed by the new social purity movements of the 1880s, the Society for the Suppression of Vice (founded in 1802) remained the Victorian’s basic legal force against the obscene. [1] Its work demonstrated the often close relationship between private vigilance and public authorities. It was the persuasion of the Vice Society that led to the Obscene Publications Act 1857.[2] Through the 1870s and 1880s, the ‘abolitionists’ were a major social force and the stimulus for the emergence of vigorous social-purity organisations such as the National Vigilance Association. Why was there a major attempt at moral restructuring in the last decades of the nineteenth and first decade of the twentieth centuries? Various causes can be identified. From the 1870s, following what was seen as a decline in standards in the 1850s and 1860s, a new confidence in the moralistic ethic can be detected.[3] In the early years of the century, moral reformers had been sustained by the threat of revolution. No such fears limited them in the 1880s and 1890s but there were a series of causes and scandals that maintained their momentum: the iniquities of the Contagious Diseases Acts to the scandalous leniency meted out to high class ‘madams’; from the exploitation and abduction of young girls in the White Slave Trade to the divorce case of Charles Dilke in 1886[4] and the Irish leader Parnell in 1890[5]; the scandal of the Cleveland Street homosexual brothel 1889-1890 said to involve the duke of Clarence, eldest son of the heir to the throne [6] and the Tranby Croft gambling scandal of 1891 that did involve the Prince of Wales. [7]

There was a constituency ready to be stirred by such scandals, in the lower middle-class and the respectable working-class whose values were being attacked by radicals and libertarians.[8] Respectability, with its stress on values such as self-help and self-reliance, the value of work and the need for social discipline and the centrality of the family, was threatened by public immorality. Here was a strong basis for social purity. Behind this, giving the campaigns a tremendous dynamism was an evangelical revival, bringing large sections of the feminist movement into alliance with nonconformity, an alliance sealed in outrage against double standards. Many of the leaders of the campaigns in the 1880s were products of this Christian revival. W.T. Stead described himself as ‘a child of the revival of 1859-60’ that had swept across the Atlantic and won hundreds of thousands of converts. Social purity was also able to mine very deep fears of a more secular kind. 1885, an immensely important year in sexual politics, was also the year of the expansion of the electorate in the Third Reform Act, there were fears of national decline following the defeat and death of General Gordon, anxieties about Ireland and all this in the context of a socialist revival and feminist agitation. Social purity became a metaphor for a stable society and in 1885 was able to tap an anxiety that found a symbolic focus in the ‘twin evils’ of enforced prostitution and the exploitation of young girls.

Largely as a result of the efforts of feminists and other social reformers, legislation, in the form of the Criminal Law Amendment Bill, was introduced into Parliament in the early 1880s with the intent of protecting young women. This was to be done through the dual means of raising the age of female consent from thirteen to sixteen and making brothels more susceptible to legal controls. For several years the Bill languished in Parliament. At a crucial moment, support for it was energised by a sensational report, ‘The Maiden Tribute of Modern Babylon’ serialised in the daily Pall Mall Gazette in 1885, documenting the complexity and reach of organised prostitution as an industry and its reliance on sophisticated techniques for the entrapment of young girls. [9] W.T Stead’s sensational expose generated a sense of outrage with which a wide range of public opinion found itself in sympathy. The result was the Criminal Law Amendment Act that attempted to suppress brothels, raised the age of consent for girls to sixteen and introduced new penalties against male homosexuals in private as well as in public. Further changes, in the Vagrancy Act 1898 and the Criminal Law Amendment Act 1912, underlined the new legislative involvement with prostitution and homosexuality. Reformers in 1885 had no doubt that their cause was right: a crusade against ‘a dark and cruel wrong’. Yet they were directing their energies at many of the wrong targets, illustrating the nineteenth century preference for moral campaigns rather than structural social reforms.

There seems to be interplay between criminal statistics and periodic fears of crime and disorder and it is probable that the collection and publication of national crime figures led to the perception of crime as a national and impersonal problem. Statistics made crime national and made the criminal a national figure. Crime could be shown to be offences perpetrated on a large scale against respectable people by a group that, by being measured statistically, could be defined collectively as criminals or as the ‘criminal classes’.


[1] Roberts, M.J.D., Making English morals: voluntary association and moral reform in England, 1787-1886, (Cambridge University Press), 2004, 2008 provides a valuable overview. See also, Hall, Lesley A., ‘Hauling Down the Double Standard: Feminism, Social Purity and Sexual Science in Late Nineteenth-Century Britain’, Gender & History, Vol. 16, (2004), pp. 36-56.

[2] Hunt, Alan, Governing morals: a social history of moral regulation, (Cambridge University Press), 1999, pp. 57-76.

[3] Fisher, Trevor, Scandal: The Sexual Politics of Late Victorian Britain, (Alan Sutton), 1995 is a useful and readable examination of this issue.

[4] Nicholls, David, The lost prime minister: a life of Sir Charles Dilke, (Continuum), 1995, pp. 177-194, Horstman, Allen, Victorian Divorce, (Croom Helm), 1985, p. 140.

[5] Ibid, Horstman, Allen, Victorian Divorce, pp. 140-141.

[6] On this see Chester, Lewis, Leitch, David and Simpson, Colin, The Cleveland Street Affair, (Weidenfeld), 1976. This book demonstrates clearly the ambiguous attitudes to homosexuality by the Establishment. When the affair seemed likely to become the most explosive scandal of the nineteenth century and the taint of homosexuality came close to the royal household, it was quickly and quietly buried.

[7] Havers, Michel, Grayson, Edward and Shankland, Peter, The Royal Baccarat Scandal, 1977, (Souvenir Press), 1988

[8] Ibid, Hunt, Alan, Governing morals: a social history of moral regulation, pp. 140-191 and Roberts, M.J.D., Making English morals: voluntary association and moral reform in England, 1787-1886, (Cambridge University Press), 2004, pp. 245-289.

[9] Four articles which appeared in the Pall Mall Gazette, Monday, 6 July 1885, Tuesday, 7 July 1885, Wednesday, 8 July 1885 and Friday, 10 July 1885; the articles, though unsigned, were acknowledged to be the work of W.T. Stead, its editor. Stead was convicted of kidnapping and abetting indecent assault for procuring Eliza Armstrong and served three months in prison. See, Schults, Raymond L., Crusader in Babylon: W. T. Stead and the Pall Mall Gazette, (University of Nebraska Press), 1972 and Eckley, Grace, Maiden Tribute: A Life of W.T. Stead, (Xlibris Corporation), 2007.