in winning the good opinions of the French Canadian
majority and making himself an exceptionally popular
civil governor. After closing the accounts of
the war, the government felt it expedient to stop
such irregular proceedings, to obtain from the legislature
a general appropriation act, covering the amount of
expenditures in the past, and to prevent the necessity
of such a questionable application of provincial funds
in the future. This may be considered the beginning
of the financial controversies that were so constant,
as years passed by, between the governors and the
assemblies, and never ended until the rebellion broke
out. The assembly, desirous of obtaining power
in the management of public affairs, learned that
it could best embarrass the government and force them
to consider and adjust public grievances, as set forth
by the majority in the house, by means of the appropriation
bills required for the public service. The assembly
not only determined to exercise sole control over
its own funds but eventually demanded the disposal
of the duties imposed and regulated by imperial statutes.
The conflict was remarkable for the hot and uncompromising
temper constantly exhibited by the majority on the
discussion of the generally moderate and fair propositions
submitted by the government for settling vexed questions.
The assembly found a powerful argument in favour of
their persistent contention for a complete control
of the public revenues and expenditures in the defalcation
of Mr. Caldwell, the receiver-general, who had been
allowed for years to use the public funds in his business
speculations, and whose property was entirely inadequate
to cover the deficiency in his accounts.
The legislative council was always ready to resist
what it often asserted to be unconstitutional acts
on the part of the house and direct infringements
of “the rights of the crown” sometimes
a mere convenient phrase used in an emergency to justify
resistance to the assembly. It often happened,
however, that the upper chamber had law on its side,
when the house became perfectly unreasonable and uncompromising
in its attitude of hostility to the government.
The council, on several occasions, rejected a supply
bill because it contained provisions asserting the
assembly’s right to control the crown revenues
and to vote the estimates, item by item, from the
governor’s salary down to that of the humblest
official. Every part of the official and legislative
machinery became clogged by the obstinacy of governor,
councils, and assembly. To such an extent, indeed,
did the assembly’s assumption of power carry
it in 1836, that the majority actually asserted its
own right to amend the constitution of the council
as defined in the imperial statute of 1791. Its
indiscreet acts eventually alienated the sympathy
and support of such English members as Mr. Neilson,
a journalist and politician of repute, Mr. Andrew
Stuart, a lawyer of ability, and others who believed
in the necessity of constitutional reforms, but could
not follow Mr. Papineau and his party in their reckless
career of attack on the government, which they thought
would probably in the end imperil British connection.