Rebellion Losses Bill
Encyclopedia
The Rebellion Losses Bill (full name: An Act to provide for the Indemnification of Parties in Lower Canada whose Property was destroyed during the Rebellion in the years 1837 and 1838) was a controversial law
enacted by the legislature
of the Province of Canada
in 1849. Its passage and subsequent assent by the Governor General
, James Bruce, 8th Earl of Elgin
makes the bill a landmark piece of legislation in Canadian
political history.
The bill was enacted to compensate Lower Canadians
who lost property during the Rebellions of 1837
and was modeled on similar measures which provided compensation in Upper Canada
. Those who had participated in the Rebellion were to be compensated with taxpayer's money except for those who had been tried and convicted of high treason
. These provisions angered some of Montreal
's Tory citizens and provoked weeks of violent disturbances known as the Montreal Riots. It culminated in the burning of the Parliament building
on April 25 which until then was in Montreal
.
had also issued an ordinance, in 1838, to indemnify certain parties, but on the basis of their presumed loyalty to the crown.
On March 29, 1845, the governor assented to a bill allocating the revenue from the tavern licences in Canada West to the payment of claims by habitants settled in the former Upper Canada who had still not received any compensation. A sum of £38,658 was raised between April 5, 1845 and January 24, 1849 by the means of this law. Later, in 1846, the revenues from wedding licences were also allocated for the same purpose.
Following the adoption of the address to the governor in 1845, the Draper
- Viger
government set up, on November 24, a commission enquire into the claims the inhabitants of Lower Canada had sent since 1838, to determine those that were justified and provide an estimate of the amount to be paid. The five commissioners, Joseph Dionne, P. H. Moore, Jacques Viger
, John Simpson
and Joseph-Ubalde Beaudry
, submitted their first report on April 1846. They received instructions from the government to distinguish between claims made by persons participating in the rebellion and those who had given no support to the insurrectionist party. The total of the claims considered receivable amounted to £241,965, 10 s. and 5d., but the commissioners were of opinion that following a more thorough enquiry into the claims they were unable to make, the amount to be paid by the government would likely not go beyond £100,000. The Assembly passed a motion on June 9, 1846 authorizing a compensation of £9,986 for claims studied prior to the presentation of the report. Nothing further was accomplished on this question until the dissolution of parliament on December 6, 1847.
and Louis-Hippolyte Lafontaine
. The new governor, Lord Elgin, who arrived in the colony on January 30, first formed a government that did not have the support of the majority of the members in the House. These withdrew their support of the Executive by a vote of no-confidence on March 3. On March 7, governor Elgin called in Baldwin and Lafontaine, respectively leaders of the majority parties in both sections of the united province, to the Executive Council. On March 11, 11 new ministers entered the Council.
On January 29, 1849, Lafontaine moved to form a committee of the whole House on February 9 to "take into consideration the necessity of establishing the amount of Losses incurred by certain inhabitants in Lower Canada during the political troubles of 1837 and 1838, and of providing for the payment thereof". The consideration of this motion was pushed ahead on several occasions. The opposition party, which denounced the desire of the government to "pay the rebels", showed itself reluctant to begin the study of the question which was on hold since 1838. Its members proposed various amendments to Lafontaine's motion: a first, on February 13, to report the vote by ten days "to give time for the expression of the feelings of the country"; a second one, on February 20, declaring that the House had "no authority to entertain any such proposition" since the Governor General had not recommended that the House "make provision for liquidating the claims for Losses incurred by the Rebellions in Lower Canada, during the present session". The amendments were rejected and the committee was eventually formed on Tuesday, February 20, but the House was adjourned.
The debates that took place between February 13 and 20 were particularly intense and, in the House, the verbal violence of the representatives soon yielded to physical violence. Tory MPPs Henry Sherwood
, Allan MacNab
and Prince attacked the legitimacy of the proposed measure because according to them it rewarded the "rebels" of yesterday and constituted an insult to the "loyal" subjects who had fought against them in 1837 and 1838. On February 15, executive councillors Francis Hincks
and William Hume Blake
retorted in the same tone and Blake even went as far as claiming the Tories to be the true rebels, because, he said, it was they who had violated the principles of the British constitution and caused the civil war of 1837–38. Mr. Blake refused to apologize after his speech, and a mêlée burst out among the spectators standing on the galleries. The speaker of the House had them expelled and a confrontation between MacNab and Blake was avoided by the intervention of the Sergeant at Arms.
On February 16, John A. Macdonald, opposition MPP for the riding of Kingston, provoked William Hume Blake to a duel. While Blake was reading excerpts from a document, Macdonald interrupted him to request that he read the phrases and paragraphs in full. Blake replied that he would read whatever he wanted to read. Macdonald did not appreciate the reply and passed a written note to Blake which provoked him to a duel. The two men left the room to go outside. Soon after, the Speaker suspended the sitting and sent the sergeant at arms to bring them back to their duty. Macdonald came back while Blake could not be found. He was asked to appear before the bar of the House on Monday February 19 to give explanations for his departure. The House accepted his explanation. The two men assured the members of the House that the duel had been cancelled.
The English-language press of the capital (The Gazette
, Courier, Herald, Transcript, Witness
, Punch
) participated in the movement of opposition to the indemnification measure. A single daily, the Pilot, owned by cabinet member Francis Hinks, supported the government. In the French-language press (La Minerve
, L'Avenir
), the measure was unanimously supported.
On February 17, the leading Tory MPPs held a public meeting to protest against the measure. George Moffatt was elected chairman and various public men such as Allan MacNab, Prince, Gugy, Macdonald
, Molson, Rose and others gave speeches. The meeting prepared a petition to the governor asking him to dissolve the parliament and call new elections, or to reserve the assent of the bill for the Queen's pleasure, that is to say, to defer the question to the UK Parliament. The press reported that Lafontaine was burned in effigy that night.
On February 22, Henry John Boulton
, MPP for Norfolk
, introduced an amendment that all persons having pled guilty or having been found to be guilty of high treason should not receive compensation from the government. The government party supported the amendment, but the gesture had no effect on the opposition, which persisted in denouncing the measure as amounting to "paying the rebels". Certain liberal MPPs, including Louis-Joseph Papineau and Pierre-Joseph-Olivier Chauveau, opposed the amendment because, according to them, it resulted in the recognition, by the government, of the legality of the military court created by former acting governor John Colborne in order to speedily execute the prisoners of 1839.
On February 23, Lafontaine presented a series of seven resolutions which included the introduction of a bill to indemnify inhabitants for their losses during the armed conflict of 1837-1838. The bill, entitled Bill to provide for the Indemnification of Parties in Lower Canada whose Property was destroyed during the Rebellion in the years 1837 and 1838, authorized total payments of £90,000.
The seven resolutions were adopted one by one on February 27, and the bill was introduced the same day, then read a second time on March 2.
On March 9, the Legislative Assembly passed the bill by a vote of 47 to 18. MPPs from the former Upper Canada voted in favour, 17 to 14, while those of the former Lower Canada voted 30 to 4 in favour. Six days later, the Legislative Council approved the project 20 to 14. The project having passed both Houses of the Provincial Parliament, the next step was the assent of Governor Elgin, which came 41 days later, on April 25, 1849.
Montreal's English population was incensed. Elgin's carriage was pelted with stones and rotten eggs, and by the evening a riot
had developed which would last for two days and involve thousands of people. By the time the rioting had ended, mobs had caused thousands of dollars in damage and razed the Montreal Parliament building. Despite the violent opposition, Lord Elgin's actions were supported by a majority of Canadians and by the Liberal government in London
.
The controversy around the bill also contributed to the rise of an American
annexationist movement, who published the Montreal Annexation Manifesto
on October 11, 1849.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
enacted by the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
of the Province of Canada
Province of Canada
The Province of Canada, United Province of Canada, or the United Canadas was a British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham in the Report on the Affairs of British North America following the Rebellions of...
in 1849. Its passage and subsequent assent by the Governor General
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
, James Bruce, 8th Earl of Elgin
James Bruce, 8th Earl of Elgin
Sir James Bruce, 8th Earl of Elgin and 12th Earl of Kincardine, KT, GCB, PC , was a British colonial administrator and diplomat...
makes the bill a landmark piece of legislation in Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
political history.
The bill was enacted to compensate Lower Canadians
Lower Canada
The Province of Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence...
who lost property during the Rebellions of 1837
Rebellions of 1837
The Rebellions of 1837 were a pair of Canadian armed uprisings that occurred in 1837 and 1838 in response to frustrations in political reform. A key shared goal was the allowance of responsible government, which was eventually achieved in the incident's aftermath.-Rebellions:The rebellions started...
and was modeled on similar measures which provided compensation in Upper Canada
Upper Canada
The Province of Upper Canada was a political division in British Canada established in 1791 by the British Empire to govern the central third of the lands in British North America and to accommodate Loyalist refugees from the United States of America after the American Revolution...
. Those who had participated in the Rebellion were to be compensated with taxpayer's money except for those who had been tried and convicted of high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
. These provisions angered some of Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
's Tory citizens and provoked weeks of violent disturbances known as the Montreal Riots. It culminated in the burning of the Parliament building
Burning of the Parliament Buildings in Montreal
The burning of the Parliament Buildings in Montreal occurred on the night of April 25, 1849. Inaugurated on June 24, 1845, St. Anne's Market building lodging the Parliament of the Province of Canada was burned down by rioters while the members of the Legislative Assembly were sitting in session.-...
on April 25 which until then was in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
.
Draper-Viger government
On February 28, 1845, the representatives sitting in the Legislative Assembly unanimously adopted the text of an address asking Governor Metcalfe to take measures to compensate the inhabitants of Lower Canada whose properties were damaged or destroyed during the armed conflict of 1837–8. Prior to that, in the course of the last session of the Parliament of Upper Canada on October 23, 1840, the representatives had passed an act (3 Vict. c. 76) to indemnify certain parties for losses incurred during the uprising in that province in 1837. A credit of £40,000 had been appropriated to address claims made by inhabitants, but no amount had been spent because the treasury of the province was empty. Amending an act passed in 1838, the act of 1840 provided for the indemnification of civilians whose property had been damaged without enquiring into the presumed loyalty of persons during the armed conflict. On its part, the Special Council of Lower CanadaSpecial Council of Lower Canada
The Special Council of Lower Canada was an appointed body which administered Lower Canada until the Union Act of 1840 created the Province of Canada. Following the Lower Canada Rebellion, on March 27, 1838, the Constitutional Act of 1791 was suspended and both the Legislative Assembly and...
had also issued an ordinance, in 1838, to indemnify certain parties, but on the basis of their presumed loyalty to the crown.
On March 29, 1845, the governor assented to a bill allocating the revenue from the tavern licences in Canada West to the payment of claims by habitants settled in the former Upper Canada who had still not received any compensation. A sum of £38,658 was raised between April 5, 1845 and January 24, 1849 by the means of this law. Later, in 1846, the revenues from wedding licences were also allocated for the same purpose.
Following the adoption of the address to the governor in 1845, the Draper
William Henry Draper
William Henry Draper was a lawyer, judge, and politician in Upper Canada later Canada West.-Personal life:...
- Viger
Denis-Benjamin Viger
Denis-Benjamin Viger was a 19th century Lower Canadian politician, lawyer, businessman, and Patriote movement member.Viger was part of the militia in the early 19th century and then a captain in the War of 1812...
government set up, on November 24, a commission enquire into the claims the inhabitants of Lower Canada had sent since 1838, to determine those that were justified and provide an estimate of the amount to be paid. The five commissioners, Joseph Dionne, P. H. Moore, Jacques Viger
Jacques Viger
Jacques Viger was an antiquarian, archaeologist, and the first mayor of the Canadian city of Montreal, Quebec.- Biography :...
, John Simpson
John Simpson (Quebec politician)
John Simpson was a government official and political figure in Canada West.He was born in England in 1788 and came to Augusta Township in Upper Canada in 1815. In 1819, he became a private secretary for Lord Dalhousie. He was appointed customs inspector at Coteau-du-Lac in 1822...
and Joseph-Ubalde Beaudry
Joseph-Ubalde Beaudry
Joseph-Ubalde Beaudry was a jurist and author from Montreal.Beaudry was educated at the college of Montreal where he was highly proficient in languages and the exact sciences. He entered the legal field as a law clerk for Côme-Séraphin Cherrier and became a lawyer in 1838...
, submitted their first report on April 1846. They received instructions from the government to distinguish between claims made by persons participating in the rebellion and those who had given no support to the insurrectionist party. The total of the claims considered receivable amounted to £241,965, 10 s. and 5d., but the commissioners were of opinion that following a more thorough enquiry into the claims they were unable to make, the amount to be paid by the government would likely not go beyond £100,000. The Assembly passed a motion on June 9, 1846 authorizing a compensation of £9,986 for claims studied prior to the presentation of the report. Nothing further was accomplished on this question until the dissolution of parliament on December 6, 1847.
Baldwin–Lafontaine government
The general election of January 1848 changed the composition of the House of Assembly in favour of the opposition party, the moderate reformists led by Robert BaldwinRobert Baldwin
Robert Baldwin was born at York . He, along with his political partner Louis-Hippolyte Lafontaine, led the first responsible ministry in Canada, regarded by some as the first truly Canadian government....
and Louis-Hippolyte Lafontaine
Louis-Hippolyte Lafontaine
Sir Louis-Hippolyte Lafontaine , 1st Baronet, KCMG was the first Canadian to become Prime Minister of the United Province of Canada and the first head of a responsible government in Canada. He was born in Boucherville, Lower Canada in 1807...
. The new governor, Lord Elgin, who arrived in the colony on January 30, first formed a government that did not have the support of the majority of the members in the House. These withdrew their support of the Executive by a vote of no-confidence on March 3. On March 7, governor Elgin called in Baldwin and Lafontaine, respectively leaders of the majority parties in both sections of the united province, to the Executive Council. On March 11, 11 new ministers entered the Council.
On January 29, 1849, Lafontaine moved to form a committee of the whole House on February 9 to "take into consideration the necessity of establishing the amount of Losses incurred by certain inhabitants in Lower Canada during the political troubles of 1837 and 1838, and of providing for the payment thereof". The consideration of this motion was pushed ahead on several occasions. The opposition party, which denounced the desire of the government to "pay the rebels", showed itself reluctant to begin the study of the question which was on hold since 1838. Its members proposed various amendments to Lafontaine's motion: a first, on February 13, to report the vote by ten days "to give time for the expression of the feelings of the country"; a second one, on February 20, declaring that the House had "no authority to entertain any such proposition" since the Governor General had not recommended that the House "make provision for liquidating the claims for Losses incurred by the Rebellions in Lower Canada, during the present session". The amendments were rejected and the committee was eventually formed on Tuesday, February 20, but the House was adjourned.
The debates that took place between February 13 and 20 were particularly intense and, in the House, the verbal violence of the representatives soon yielded to physical violence. Tory MPPs Henry Sherwood
Henry Sherwood
Henry Sherwood, QC was a lawyer and Tory provincial politician, moved to municipal politics and was alderman of St. David's Ward when chosen as Toronto's 7th mayor from 1842 to 1844. Sherwood was appointed QC on 23 January 1838...
, Allan MacNab
Allan MacNab
Sir Allan Napier MacNab, 1st Baronet was a Canadian political leader and Premier of the Province of Canada before Canadian Confederation .-Biography:...
and Prince attacked the legitimacy of the proposed measure because according to them it rewarded the "rebels" of yesterday and constituted an insult to the "loyal" subjects who had fought against them in 1837 and 1838. On February 15, executive councillors Francis Hincks
Francis Hincks
Sir Francis Hincks, KCMG, PC was a Canadian politician.Born in Cork, Ireland, he was the son of Thomas Dix Hincks an orientalist, naturalist and Presbyterian minister and the brother of Edward Hincks orientalist, naturalist and clergyman.He moved to York in 1832 and set up an importing business...
and William Hume Blake
William Hume Blake
William Hume Blake, QC was a Canadian jurist and politician. He was the father of Edward Blake, an Ontario Premier and federal Liberal party of Canada leader....
retorted in the same tone and Blake even went as far as claiming the Tories to be the true rebels, because, he said, it was they who had violated the principles of the British constitution and caused the civil war of 1837–38. Mr. Blake refused to apologize after his speech, and a mêlée burst out among the spectators standing on the galleries. The speaker of the House had them expelled and a confrontation between MacNab and Blake was avoided by the intervention of the Sergeant at Arms.
On February 16, John A. Macdonald, opposition MPP for the riding of Kingston, provoked William Hume Blake to a duel. While Blake was reading excerpts from a document, Macdonald interrupted him to request that he read the phrases and paragraphs in full. Blake replied that he would read whatever he wanted to read. Macdonald did not appreciate the reply and passed a written note to Blake which provoked him to a duel. The two men left the room to go outside. Soon after, the Speaker suspended the sitting and sent the sergeant at arms to bring them back to their duty. Macdonald came back while Blake could not be found. He was asked to appear before the bar of the House on Monday February 19 to give explanations for his departure. The House accepted his explanation. The two men assured the members of the House that the duel had been cancelled.
The English-language press of the capital (The Gazette
The Gazette (Montreal)
The Gazette, often called the Montreal Gazette to avoid ambiguity, is the only English-language daily newspaper published in Montreal, Quebec, Canada, with three other daily English newspapers all having shut down at different times during the second half of the 20th century.-History:In 1778,...
, Courier, Herald, Transcript, Witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
, Punch
Punch (magazine)
Punch, or the London Charivari was a British weekly magazine of humour and satire established in 1841 by Henry Mayhew and engraver Ebenezer Landells. Historically, it was most influential in the 1840s and 50s, when it helped to coin the term "cartoon" in its modern sense as a humorous illustration...
) participated in the movement of opposition to the indemnification measure. A single daily, the Pilot, owned by cabinet member Francis Hinks, supported the government. In the French-language press (La Minerve
La Minerve
La Minerve was a newspaper founded in Montreal, Lower Canada by Augustin-Norbert Morin to promote the political goals of Louis-Joseph Papineau's Parti patriote. It was notably directed by Ludger Duvernay in its earlier years. It existed from 1826 to 1837, and again from 1842 to May 27, 1899...
, L'Avenir
L'Avenir
L'Avenir is a daily newspaper published in Kinshasa in the Democratic Republic of the Congo. The company is part of the Groupe L'Avenir, a media group of the DRC. The content of the paper is primarily French, and includes content written in Lingala and Swahili...
), the measure was unanimously supported.
On February 17, the leading Tory MPPs held a public meeting to protest against the measure. George Moffatt was elected chairman and various public men such as Allan MacNab, Prince, Gugy, Macdonald
John A. Macdonald
Sir John Alexander Macdonald, GCB, KCMG, PC, PC , QC was the first Prime Minister of Canada. The dominant figure of Canadian Confederation, his political career spanned almost half a century...
, Molson, Rose and others gave speeches. The meeting prepared a petition to the governor asking him to dissolve the parliament and call new elections, or to reserve the assent of the bill for the Queen's pleasure, that is to say, to defer the question to the UK Parliament. The press reported that Lafontaine was burned in effigy that night.
On February 22, Henry John Boulton
Henry John Boulton
Henry John Boulton, QC was a lawyer, judge and political figure in Upper Canada.He was born at Little Holland House, Kensington, England, the son of D’Arcy Boulton, in 1790. Some time later, the family settled in New York state and then moved to Upper Canada around 1800. He studied law at York ...
, MPP for Norfolk
Norfolk County, Ontario
Norfolk County is a rural city-status single-tier municipality on the north shore of Lake Erie in Southwestern Ontario, Canada. Bloomsburg is a small town located in Norfolk County and is the hometown of David Slater. The county seat and largest community is Simcoe...
, introduced an amendment that all persons having pled guilty or having been found to be guilty of high treason should not receive compensation from the government. The government party supported the amendment, but the gesture had no effect on the opposition, which persisted in denouncing the measure as amounting to "paying the rebels". Certain liberal MPPs, including Louis-Joseph Papineau and Pierre-Joseph-Olivier Chauveau, opposed the amendment because, according to them, it resulted in the recognition, by the government, of the legality of the military court created by former acting governor John Colborne in order to speedily execute the prisoners of 1839.
On February 23, Lafontaine presented a series of seven resolutions which included the introduction of a bill to indemnify inhabitants for their losses during the armed conflict of 1837-1838. The bill, entitled Bill to provide for the Indemnification of Parties in Lower Canada whose Property was destroyed during the Rebellion in the years 1837 and 1838, authorized total payments of £90,000.
The seven resolutions were adopted one by one on February 27, and the bill was introduced the same day, then read a second time on March 2.
On March 9, the Legislative Assembly passed the bill by a vote of 47 to 18. MPPs from the former Upper Canada voted in favour, 17 to 14, while those of the former Lower Canada voted 30 to 4 in favour. Six days later, the Legislative Council approved the project 20 to 14. The project having passed both Houses of the Provincial Parliament, the next step was the assent of Governor Elgin, which came 41 days later, on April 25, 1849.
Royal assent
Despite the Tories' opposition, the bill was passed by the Reform-dominated legislature and submitted to Lord Elgin for assent. Some of the outraged English-Canadians demanded that the governor refuse assent. Lord Elgin had his own serious misgivings about the bill—making many Tory supporters confident that the governor would reject the bill—but nonetheless signed the bill into law on April 25, 1849.Montreal's English population was incensed. Elgin's carriage was pelted with stones and rotten eggs, and by the evening a riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
had developed which would last for two days and involve thousands of people. By the time the rioting had ended, mobs had caused thousands of dollars in damage and razed the Montreal Parliament building. Despite the violent opposition, Lord Elgin's actions were supported by a majority of Canadians and by the Liberal government in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
The controversy around the bill also contributed to the rise of an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
annexationist movement, who published the Montreal Annexation Manifesto
Montreal Annexation Manifesto
The Montreal Annexation Manifesto was a political document dated September 14, 1849 and signed in Montreal, Quebec, calling for Canada's annexation by the United States....
on October 11, 1849.
External links
- "The Burning of the Parliament Building in Montreal", painting by Joseph LégaréJoseph LégaréJoseph Légaré was a painter and glazier, artist, seigneur and political figure in Lower Canada.-Early life:...
, oil on wood, about 1849, at McCord MuseumMcCord MuseumThe McCord Museum is a public research and teaching museum dedicated to the preservation, study, diffusion, and appreciation of Canadian history... - Destruction of the Parliament House, Montreal, April 25th. 1849, lithography by E. Hides, about 1849, at McCord Museum