>v 1033 A/7? CORNELL UNIVERSITY LIBRARY THIS BOOK IS ONE OF A COLLECTION MADE BY BENNO LOEWY 1854-1919 AND BEQUEATHED TO CORNELL UNIVERSITY Cornell University Library F 1033T47 H79 Lite and work of the Rt. Hon. Sir John T Y.^ oiin 3 1924 028 895 957 ^tM %m^. aujuiiM' /f//^ Cornell University Library The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028895957 OLIN LIBRARY - ORCULMION DATE DUE ftfimP^^S ii«^^ MM "■ CAVLORO PRINTEDINU.S.A Her Majesty the Queen and Empress, The Rt. Hon. Sib John S. D. Thompson, P.O., K.G.M.G., Q.C. Fourth, Prime Minister of Caimdd. His Excellency the Earl op AB]^RDEE^f, P.C, LL.D., Governtr-Qeneral of Canaiia. LIFE AND WORK OF THE RT. HON. SIR JOHN THOMPSON P,C, K.CM.G., Q,C. PRIME MINISTER OF CANADA BY J CASTELL HOPKINS PREFACE BY His Excellency the Earl of Aberdeen Governor General of Canada. BRADLEY, GAURETSON & CO. BBANTPORD, OUT. 189s Entered according to Act of Parliament of Canada, in the year one thousand eight hundred and ninety-five, by Thomas S. Linscott, in the OflBce of the Minister of Agriculture. 3 ^^ 7^391: ^3 1, ^^: F Her Kxcellbncy the Countess of Aberdebn. The Rt. H(tN. Sir John A. Macdonald, P.C, G.C.B., Q.C., M.P. First Prime Minister oj the Dominion of Canada. PREFACE. The " Life and Work " of a man. — The phrase is sug- gestive; and it is eminently applicable as the title of a biography of Sir John Thompson. His life was full of work, and of work to which emphatically might be applied the old maxim, " Laborare est orare," for the labours of his busy life were pervaded and prompted by lofty aims and religious principles. That a record, a description, of his career should be given to his country and to the world, is a matter not merely of appropriateness but of obligation ; for the vari- ous grounds upon which a claim for a biography of any person may be made on behalf of the public, are in this case combined, whether regarded from the historical, the political, the legal, the exemplary, or the personal point of view. To say this implies that the biographer will have no lack of material ; but it does not follow that his task wUl be easy. Indeed it must be admitted that in no case can the authorship of a biography be free from difficulty ; and of course, especially is this the case when the life to be presented is that of a statesman whose position and duties inevitably brought him not only into the midst of the stir and stress of a central place in public life, and the contro- versies and emulations with which it is surrounded, but also included the taking of an important part in interna- tional and other transactions requiring delicate handling and diplomatic skill. The biographer of such a man will desire to exercise . discretion, but he will also wish to avoid the criticism X PKEFACE. that in striving to exercise caution he has incurred the risk of dullness. He must enable his readers to under- stand the domestic and personal characteristics of his subject, but he must not too freely lift the veil that pro- tects the sanctity of home and family life. Above all, while utilizing the opportunity for justifying any utter- ances or lines of conduct which he regards as having been misrepresented or misunderstood, he must not allow this proper sense of loyalty, this admiration for the character of his subject, to betray him into uncalled-for, perhaps unfair, disparagement of those whose attitude on the occa- sion in question was that of opposition. And the need of good judgment and discretion in this matter ia of course increased, when the controversies referred to are of ex- tremely recent occurrence. But it is not necessary to say more about the functions of a biographer than will serve to draw attention to the manner in which the author of this memoir has performed his part. It may safely be predicted that the general opinion will be that he has done his work well. He has evidently aimed at maintaining the impartiality of a chronicler, together with the appreciation of an admirer. He has also shown that sense of proportion which is especially necessary in the picture of a life so many-sided and so full of interest as that of Sir John Thompson. It is indeed ngt too much to say that to describe fully the chief portion of his public career would be to write a his- tory of Canada during the past decade ; and it is thus that the author has evidently felt it requisite to give a descrip- tive sketch of several of the chief events and public ques- tions which occupied or agitated the mind of the country during the period in view, in order that Sir John Thomp- son's actions and influence on these occasions may be properly presented to the reader. PREFACE. XI It has already been remarked that the reasons for the appearance of this biography are numerous. A perusal of the volume will make this apparent, even to those not previously in any personal manner acquainted with the circumstances and the subject ; while by those who were in any way brought in contact with Sir John Thompson, the book will be looked for with an eager, though melan- choly interest. But there is one feature in Sir John Thompson's char- acter which adds especially to the value of any memoir of his life. He has often been described as a man of reserved and even cold demeanour. It follows therefore that he must frequently have been, liable to be misunderstood, or at least that the beauty of his character and disposition cannot always have been fully revealed. Doubtless to those who were at all intimately acquainted with him the less appa- rent features of his character had become familiar. But if the more genial side of his nature was to some extent hid- den, how desirable that this and every other distinguishing trait of the man should be as fully as possible described and portrayed ! To the attainment of that object the pub- lication of correspondence is doubtless a most important means, and it may be a cause of some regret that the pre- sent volume does not contain a larger number of letters. But it must be borne in mind that the publication of cor- respondence, especially of the correspondence of a person who has occupied an important position in public life, is a matter which requires time, for the purpose of deliberation, consultation, and classification ; in addition to which, the lapse of a certain period is sometimes necessary before cor- respondence upon some questions can suitably be given to the world. The present volume, however, is published in order to meet the immediate demand of the public ; and meanwhile it may be hoped that at some later date there XU PREFACE. may be an opportunity of becoming acquainted with at least a considferable portion of Sir John Thompson's corres- pondence. Keverting to what has been said regarding the manner and appearance of Sir John Thompson, the writer of this preface, if asked to give a description of the personality of the late Premier, would say that the dominant impression left on his mind and recollection is that of combined strength and sweetness. When silent, his countenance no doubt often wore a composed, almost a stoical expression ; but this, as a contrast, only made the bright and gentle smile more attractive. His remarkable aptitude as a listener, combined with an extraordinary power of grasping and presenting in a clear and lucid manner the various aspects and bearings of a subject, must have struck all who had occasion to confer with him on matters of business ; and his faculty in this respect is illustrated in a highly interesting manner by one of the personal reminiscences recorded in the text by Bishop Cameron. Sir John Thompson had a ready and genial sense of humour. Many a quiet laugh have I shared with him, even during conversations on oiEcial matters, when anything drew from him a jocular remark, or recalled to either of us an amusing anecdote or reminiscence. With this sense of humour, as is often the case with those who possess it, there was the power of sarcasm, which (as members of the Dominion House of Commons could no doubt testify) was manifested on occasion. As a public speaker Sir John Thompson has been described as somewhat cold, although possessing in a high degree the essentially important qualities of clear articula- tion, lucidity of expression, and an accurate sense of pro- portion in the division of a subject. I was debarred from PREFACE. xiii having many opportunities of hearing him speak in public, but the occasions on which that advantage was enjoyed would lead me to demur to the designation of " coldness " as applied to his oratory. Doubtless his delivery was calm, and in a sense unimpassioned ; but there was frequently a sympathetic ring — almost a tremor — in his tones, which in a pathetic passage would readily have moved many to tears. And indeed it could not be that this note of sympathetic feeling, albeit as an undertone, should be absent from even the public utterances of one whose deep and true feeling was manifested so clearly in every relation of life. In short, as has already been said, in him were united gentleness and strength — marks of true manliness and nobility of character. Such were some of the characteristics of the subject of this memoir. And though the promptings of affection and appreciation would incite the writer to linger on the theme, this informal preface must be brought to a close. Sir John Thompson was a great man. He has made his mark. His influence has been for good, and its impress is of an abiding nature. His country has reason to be proud of him ; it has reason to be thankful for him ; and it may be confidently recorded that his character and his abilities were such as would have fitted him to occupy with success and distinction the very highest positions that can be attained by any statesman in the British Empire. Ottawa, Feb. 26, 1895. CONTENTS. CHAPTER, I. A. Great Canadian 27-34 (3HAPTER II. Early Days. Parentage -Birth— Education — An industrious student — A proficient shorthand writer — Studies law and is admitted to the Bar of Nova-Scotia— G radual progress— Marriage— Change of Religion — First Meets Bishop Cameron^- An Alderman of Halifax — Connection with various societies — A stormy political period. 36-48 CHAPTER III. Law and Politics. High legal reputation in the Province — Appointed counsel for the U.S. Government before the Halifax Fisheries Com- mission — Enters political life in 1877— Becomes a member of the Provincial Government and Uter on Premier of Nova-Scotia — His establishment of the municipal system — Appointed to the Bench of the Province — His remarkable judicial faculty — Great success as a Judge — Founding of the Law school at Halifax 49-67 CHAPTER IV. Enters the Government. Becomes Minister of Justice after pro- longed persuasion by his friends — Press comments — General congratu lations and public appreciation of the appointment — Discussion in the House of Commons and expressions of opinion by Mr. Blake and bir John Macdonald 68-79 CHAPTER V. The Riel Question. The diflScult position of the Government. Points at issue — French-Canadian indignation — Importance of a right decision — Mr. Landry's motion in the House— Mr. Thompson's great speech — Wins a national reputation in a few hours — Necessity for the execution of Louis Riel — His crimes and their just penalty — The Minister of Justice denounces those in Quebec who would make religion a political question — Sir Hector Langevin makes a mistake ..80-96 IS CHAPTER VI. An Elbotion and a Fisheries Question. A critical period— Mr. Thompson makes a tour of Ontario with Sir John Maodonald — Is well received and delivers numerous Speeches — An election and a Conser- vative Victory — The Minister of Justice sent to Washington with Mr. Chamberlain and Sir Charles Tupper— His able work — A treaty arremged but afterwards thrown out by the U. S. Senate — Speech in the House upon the question — Created a K. C. M. G., by the Queen 97-115 , CHAPTER VII. The Jesuits' Estates Act. Exceptional difiSoulty of the Government's position — History of the Question — The debate — His great speech upon the Question — Overwhelming support given the Government in the House — ^Attacks upon Sir John from other quarters. 116-136 CHAPTER VIII. Equal Rights, The Fisheries, and the French Language. Rise and influence of a strong Protestant party — Mr. McCarthy's Activity — Protests against the Jesuits' Estates Policy — Bisheries' Question in Parliament — Sir John's Speech — The French Language in the North- West — A race question growing out of the unfortunate Riel cam- paign — Sir John Thompson's fair attitude in the matter — A hot debate and settlement of the Question 139-163 CHAPTER IX. The Elections of 1891. A memorable battle — Questions at issue— The Chiefs manifesto — Sir John Thompson speaks in Toronto and else- where Elections in Antigonish — Bishop Cameron's influence — The General Result. 164-182 CHAPTER X. Death ov Sib John Maodonald. The end of a great life — Sir Johr Thompson unselfishly refuses the Premiership— Private letters written by Mr. Abbott and Sir John Thompson at the time of the Chieftain's death — Mr. D' Alton McCarthy »nd the Premiership- Reconstruction of the Ministry — Sir John serves under Mr. Abbott u Leader of the Commons— A difficult session skilfully managed 183-202 16 CONTENTS. CHAPTER XL The Scandal Campaign. The Rykert aflfair— The famous MoGreevy- Langevin matter — The ease against Mr. Haggart— The Cochrane charges — Sir John Thompson's attitude — His position upheld by the people 205-220 CHAPTER XII. Census and Redistbibution. The census of 1891, not very satisfactory — ■ Movements of population — A redistribution of seats necessary — Sir John Thompson's share in the Government proposals and his able leadership of the House upon the measure introduced — The Caron- Edgar charges — The Loudon election case — Triumphant Bye- elections 221-238 CHAPTER XIIL Sir John Thompson becomes Premier. A general recognition of his ^great ability and merits — Rumours regarding the new Ministry — The members of the new Government — The Religious difficulty — Struggles of a Session Sir John's high character a great aid to the party and source of oonfidenoe to the country — Severe criticism of Sir R. Cartwright— Manly utter^oe of Mr. Clarke Wallace. 239-254 CHAPTER XIV. Manitoba School Legislation. The questions involved — Steps taken by the Catholics of Manitoba to recover the right to state-aided schools — Reference to the Supreme Court of Canada — Taken to the Privy Council of the Empire — Certain points considered by the Can- adian Privy Council — Pinal reference to England — Speeches in the House — L'ir John Thompson anxious only to do his duty, legally and impartially 255-272 CHAPTER XV. Canada and the Dnited States. Sir John Thompson at Washington — Conference with Mr. Blaine — Important results — Fisheries and Reci- procity — Sir John's position upon International issues — His battles for Canadian interests and trade — The Canal Tolls' question — The Bond Blaine Treaty 273-289 17 CHAPTER XVI. CoNNBOTioN WITH THE RoMAN Catholio CnnROH. A oause of severe criticism and unjust aspersion — The probable reasons for Sir John Thompson's change of religion — His sincerity, earnestness and Christian zeal — His noble Christian character — Cardinal Newman and Sir John— The personal attacks of Rev. Dr. Douglas and the P.P.A.— Sir John defends the Orange right of free speech. . . .290-300 CHAPTER XVII. Fiscal Matters and Trade Policy. Tariff Policy of the new Govern- ment — Mr. McCarthy's attitude — Sir John Thompson announces in a brilliant speech before the Toronto Board of Trade, his intention to " lop the mouldering branches away" — An important utterance in the Auditorium, Toronto, shortly afterwards — A great meeting and reception to the Premier — Eleven Ministers present — Parliament meets — The Curran Bridge Scandal — The Liberal Convention — The McCarthyites and the P.P. A 301-.S14 CHAPTER XVIII. The Betibixo Sea Question. Importance of the Issues involved — A long- standing problem — England willing to stand by Canada at any cost — Lord Salisbury's famous announcement — Reference to Arbitration — Sir .Tohn Thompson's appointment as British Arbitrator, « marked compliment to Canada and to the Minister of Justice — His great services to the Dominion at Paris — Settlement of the Question — Return of the Premier, and his opinion of the results — The Queen appoints him a member of the Imperial Privy Council — Honours to Sir Charles Hibbert Tupper and others — Receptions and a banquet at Montreal 315-332 CHAPTER XIX. SrE John Thompson and Mr. McCarthy. Characteristics of the two men — Both strong-willed and disinclined to brook opposition— De- velopment of their differences — The Empire incident— Mr. McCarthy right in thinking Sir John responsible for his being read out of the party — The Premier's dislike of sectarian issues — His speeches show that he thought them a very great danger to the country — Mr. McCarthy's views — Both honestly consistent and honestly antagon- istic 333-347 18 CONTENTS. CHAPTER XX. The New Governor-General and a Political Tour. The coming of Lord and Lady Aberdeen — A close friemlship with Sir John Thomp- son — His Excellency's successful speech at Quebec — A great meeting addressed by the Premier at Montreal — He visits many of the leading towns of Ontario and is everywhere splendidly received — Speaks at Berlin and Elmira — -At Clinton — At Walkeiton — At Tara and South- ampton — At Lucan— At Durham — At Alt. Forest — At Kenil worth and Clinton — At Mitchell, Owen Sound, Markdale and Glenooe — The gen- eral policy of the Government clearly and forcibly outlined. .348-363 CHAPTER XXI. Sir John Thompson as Minister of Justice. His wonderful legal ability and industry — Position regarding moral questions, such as divorce and Public frauds — Parliamentary interference in election cases — Constitflitional questions — The Banking Act— Attitude upon the disallowance of Provincial legislation — Settlement of disputes with Ontario — Insolvency Legislation. 36-l:-380 CHAPTER XXn. The Criminal Code and the Copyright Law. Sir John Thompson's great work in the initiation and completion of a Canadian Code — His long struggle for Canadian Copyright — His able speeches and State papers upon the subject— Canadian Self government involved — Great injustice to the Canadian publishing interests under present system . 381-391 CHAPTER XXin. Sir John Thompson as an Imperial Statesman. His deep and earnest loyalty — In this respect a fitting successor to Sir John Macdonald Thoroughly Canadian, but also devoted to British unity — Views upon the question of discrimination — British connection and nationality Independence denounced by Sir John upon several occasions Vig. ourous denunciation of Annexation and its advocates— Opinion of Mr.) Goldwin Smith- Relations with United States — A thorough Imperi- alist 392-404 CHAPTER XXIV. The Intercolonial Conference., The central event of Sir John Thompson's Premiership— Much of its success due, however, to Sir 0ONTBNT8. 19 Mackenzie Bowell's enthusiastio and able work — Sir John's brilliant speech at the not less brilliant opening — Results of the great gather- ing — A triumph for British unity and Canadian commercial develop- ment — The Premier's patriotism recognized by Lord Jersey and others , 405-416 CHAPTER XXy. Latrk Events in a Great Life. The Budget debate — A presentation — National Council of Women — Franchise, Prohibition and the French Treaty — Unveiling of Monuments at Springhill and Hamilton — Visit to Toronto — Opening of the Exhibition — Eloquent speeches, dealing with Canada and the duties of a public man — In Muskoka for a holi- day — ^ Unveiling of the Statue to Sir John Macdonald in Queen's Park, Toronto — Splendid speech and popular reception 417-430 CHAPTER XXVI. Last Dats and Dbamatio Death. Warned to retire from ofSce in order to save his life — Leaves for England to obtain a rest and to be sworn in as an Imperial Privy Counoillor^^On the Continent for a short time — Discussions with Lord Ripon and others regarding Cana- dian Copyright — Does not feel well — His last speech — Leaves London for Windsor Castle — Sworn in by the Queen^Dies shortly after- wards — The most dramatic and perhaps saddest death in modern his- tory — The noble and sympathetic conduct of Her Majesty — An Imperial State Funeral — " The paths of glory lead but to the grave." 433-447 CHAPTER XXVII. A Splendid and Historic Burial. 4jf rival of the Blenheim at Halifax The remains lie in State in the Provincial Council Chamber — Vis- ited by many thousands of people — The magnificent ceremonial in St. Mary's Cathedral — Religious harmony evidenced — A union of creeds and sympathies— Archbishop O'Brien's eloquent sermon — A great pro- cessions—The Statesman at rest — Public expressions of sorrow . .448-458 CHAPTER XXVIIL CiiARAOTEBiSTlCS AND HoMB LiFB. Retiring disposition inherited— Dis- like of politics— Love of country— Love of work — Love of justice— ; Religious feeling — Home lite— Sir John and Mr. Gladstone — An example to all Canadians .461-473 APPENDIX. An Article by Lady Aberdeen— Some Despatches and Resolutions op Regret. List of Illustrations. PAGE Her Majesty the Queen and Empress 2 Rt. Hon. Sir John Thompson 3 His Excellency the Earl of Aberdeen. . ; 4 Her Excellency the Countess of Aberdeen 7 Rt Hon. Sir John A. Mao- donald 8 Hon. Sir Mackenzie Bowell . . 21 Sir John Thompson, aged 21. 22 Hon. Sir Oliver Mowat 31 Rt. Hon. the Earl of Derby 32 Hon. Alex. Mackenzie 41 Hon. W. R. Meredith 42 Sir John Caldwell Abbott. . . 51 Sir Samuel Henry Strong .... 52 Hon. Geo. E. Foster 61 Sir Adolphe P. Caron 62 Hon. Wilfrid Laurier 71 Sir Prank Smith 72 Rt. Hon. the Earl of Eose- bery 81 Hon. Edward Blake 82 Sir Charles Hibbert Tupper 91 Hon. John Costigan 92 Hon. W. E Sanford 101 Hon. Chancellor Boyd 102 Hon. A. R. Angers Ill Hon. J. A. Ouimet 112 Mr. Justice Sedgewiek 121 Hon. George E. King 122 Hon. Louis H. Davies 129 Rev. Dr. Carman 130 Hon. John 6. Haggart 137 Hon. J. J. Curran 138 Hon. A. S. Eardy 161 Mr. Justice Foumier 153 PAOI Hon. William B. Ivea 145 Sir Thomas Gait 162 Archbishop Cleary 169 Hon. A. Turcotte 170 Hon. J ohn F. Wood 177 Sir John Carling . 185 Archbishop Walsh 191 Mr. Justice Gwynne 197 Hon. T. Mayne Daly 203 Hon. Thomas Greenway . . . , 209 Rt. Rev. Bishop Baldwin — 210 Hon. Arthur R. Dickey 217 Hon. N. Clarke WaUace . . . . 225 Hon. J. 0. Patterson 233 D'Alton McCarthy, Q.C.,M.P 241 Hon. F. G. Marchand 249 Wm. Paterson, M.P 257 Hon. Joseph Martin, M.P, . . 267 Hon. John Christian Sohultz 277 Very Rev. G. M. Grant, D.D. 287 Rt. Rev. Bishop Cameron . . . 305 Hon. Clifford Sifton 323 Archbishop Taohe , 341 Mr. Justice Taschereau 359 Sandford Fleming, C.M.G.... 250 Hon. G. W. Ross, M.P. P. . 377 Rev. Dr. Potts 258 Sir John Thompson Speaking 395 Douglas Stewart, Private Sec- retary 413 Windsor Castle 421 Library Window, Windsor Castle 431 Gateway of Windsor Castle 432 Sir Charles Tupper, Bart. ; . . 443 H. M. S. Blenheim 453 Commander Kingsmill, R. N. 454 John S. Thompson, Sr. 4S9 Hon. Sir Mackenzie Bowell, K.C.M.G., Fifth Prime Minister of Canada. Sir John Thompson, Aged SI Tears. CHAPTER I. A Great Canadian. The Right Honourable Sir John S. D. Thompson possessed one of those strong minds which, in different ages of the world's history, have occasionally swayed the destinies of nations and controlled the people, by pure force of intellect. He was undoubtedly a great man. Tried by ordinary standards, it is perhaps difficult to comprehend his marvellous success in public life. He had no adventi- tious surroundings of family or wealth. He did not possess a commanding personal appearance and had none of that magnetism of manner, that charm and fascination of speech and gesture, which enabled Sir John A. Mac- donald, Lord Palmerston or James G. Blaine to lead men whither they would. Yet, by the power of ability, con- centration of purpose, and force of character, he rose with unique rapidity to the highest place in his province, in his party and in his country. The last nine years of his life were filled with tri- umphs which came not as the reward of popularity, nor upon waves of national passion, but as the results of a great mind working with patience and patriotic zeal ; with clear insight and acute intelligence, upon the different problems which were presented. Triumphs over personal prejudice, born of that self-repression which made a strong man shrink from the arts of the ordinary politician and take refuge in a coldness of manner which concealed his 24 LIFE AND WORK OF really warm heart and many gfenerous and sympathetic qualities. Triumphs over that deplorable sectarian senti- ment which for a long time refused to admit the greatness of the statesman and the goodness of the man who, in early life, had obeyed his conscience and conviction by a change of religion. Triumphs of oratory at the Bar and in Par- liament, upon the Bench and before the people. Triumphs of statesmanship, in the treatment of race and creed ques- tions which, under the manipulation of demagogues, threat- ened the disintegration of the Dominion ; and in the control of Parliamentary matters which more than once endangered the unity and strength of the party. Triumphs of diplo- macy, which forced Mr. Blaine, with all his acuteness and ability, into the confession of a, desire to obtain commercial control of Canada and a refusal to grant reciprocity on any other terms : and which compelled the settlement upon satisfactory lines of the long-standing Behring Sea troubles. Triumphs as an Imperial statesman which brought about the success of the Intercolonial Conference, created steam communication with Australia, paved the way to closer British unity, and led to the heaping of honours upon the head of Canada through its Premier and representative. It was a combination of qualities which made Sir John Thompson so great in character, so successful in his career. He was undoubtedly self-confident as well as self- sustained. He was conscious of his own strength and did not feel the necessity of intimidating others, or of asserting himself. And, as Archbishop O'Brien said shortly after the Premier's death, he had the quiet repose of strong minds, the dignified reticence of genius. In his profession : upon the Bench: in public life: in the Department of Justice : his mastery of details was marvellous, and con- tributed greatly to his success. No case for trial in his earlier career found him unprepared, and no argument SIR JOHN THOMPSON. 25 came to him as a bewildering surprise. Lucidity of thought and language characterized him as a lawyer, marked his decisions as a Judge, and his State papers as a Minister. This faculty of clothing the most difficult and involved transactions or propositions in clear and concise language he possessed in an extraordinary degree. Judge Townshend, of Nova Scotia, once declared that, " in shap- ing, modifying and adapting resolutions and statutes to meet the views of public bodies of which he was a- member, I think he was unequalled." Like most really great men, Sir John possessed a wonderful capacity for work. He never seemed to be in a hurry, and yet succeeded in constantly despatching an enormous amount of business, quickly and efficiently. For some time before the death of Sir John Macdonald, it is an open secret that the Chieftain leaned greatly upon his Minister of Justice, who, during that period, as well as later under the leadership of Sir John Abbott, bore the burden of work in the House of Commons, besides the many and heavy labours connected with his own Depart- ment. Since then, also, he has at times assumed diplo- matic duties and taken a position and share in the settle- ment of questions, such as the Behring Sea and Copyright problems, which must have demanded much time and study. And in addition, there have been the continual and normal requirements of deputations, speeches and journeys. Perhaps it would be an elaborate state paper to-day upon the London election case, a speech in the House to-mor- row upon the Tarte charges, an address the next day upon the unveiling of a monument to the Springhill N. S., miners. And Sir John Thompson never did anything by halves. Whatever he undertook was done as well as ability and close observation and application could make possible. In reading Sir John Thompson's papers and speeches 26 LIFE AND WORK OF upon questions like those of Kiel's execution, the dis- allowance of the Jesuits' Estates Act, the Copyright Law> or the Manitoba Schools, one is struck by the completeness and thoroughness of his argument, the keenness and analy- tical quality of his mind, and the industry and skill dis- played in obtaining and marshalling the facts of the case. In dealing with constitutional or international questions, he seemed to be entirely at home. Early training had no doubt made him familiar with the Fisheries question as it affected the Maritime Provinces, and his work in connec- tion with the Halifax Commission gave him a still wider insight into both sides of the dispute. His later expe- rience as a Nova Scotian Judge and Premier increased this knowledge, while his position as Minister of Justice finally brought him into touch with all the legal complica- tions which followed the abrogation of the Fisheries' Clause of the Washington Treaty and the unjust seizure of Cana- dian vessels in the Behring Sea. The British North America Act was thoroughly farailiar to him in all its intricacies, and every shade of public opinion in Canada recognized frankly his high judicial insight and knowledge when it was crowned by selection as one of England's arbitrators in that brilliant gathering of statesmen and jurists at Paris. A marked feature of the late Premier's character was his entire unselfishness. Devotion to duty was his watch- Word, disregard of personal considerations and comfort his principle of action. Without any particular liking for politics as such, he left the Bench of Nova Scotia, with its life of comparative ease and affluence and the prospect of undoubted and high promotion, for the stormy career of statesmanship. No doubt he had that ambition for fame which all great men have and which the next few years so fully realized. Perhaps, also, he felt that it was possible SIR JOHN THOMPSON. 27 for him to render greater service to the country which he loved so well. Judging indeed by his subsequent career, there can be little doubt that Sir John Thompson did deliberately surrender the ermine of ease, as he at a later period refused to take the Chief Justiceship of Canada, in order to devote himself to promoting the welfare of the Dominion. This quality of unselfish loyalty was well exhibited in those dark days which followed the death of Sir John A. Macdonald. It was a time of political stir and stress ; a moment when the Conservative party was bewildered by the greatness of its loss ; a period when very little causes might have produced striking and startling results. A man actuated by ambition onlj' would have thought and said in Sir John Thompson's position that he had earned the Premiership, and would have expected it as a right. But Sir John was a true statesman, and his appreciation of the situation made him see that the patriotic course was to step aside for the moment and to continue doing his duty in a high, though still subordinate, sphere. No doubt, too, he felt the consciousness of personal power, and realized that his time could not be far distant. But it must also be remembered that at the moment in question no one knew the full strength of the sectarian feeling in Ontario. It might have prevented Sir John Thompson from ever obtaining the Premiership, as the strength of a similar sentiment in Quebec in earlier days kept George Brown permanently out of power, and during many years in the recent history of Ontario, kept Mr. Meredith in Opposi- til. 4y CHAPTER III. Law and Politics. The time had now come for Mr. John S. D. Thompson to rise out of the Provincial sphere of legal practice and to take a place amongst the more or less leading lawyers of the Dominion. He had, it is true, already made himself felt before the Bench of Nova-Scotia, and had been con- nected with a number of important cases. He had thor- oughly familiarized himself with the law and practice of his own Province, but as yet the sphere had been too limi- oed for fame and not sufficiently renrunerative for wealth. But in 1877 came the chance. In the early part of that year the Halifax Fisheries' Commission met. It was the outcome of the Washington Treaty of 1871, by the terms of which the Americans bad been given the right to fish for twelve years within the limits of Canadian waters in return for a similar right on the part of British subjects within the jurisdiction of the United States. As this latter privilege was almost value- less it was agreed that an International Commission should meet at some date to be thereafter arranged and settle the amount of the compensation which was to be paid Great Britain on behalf of Canada. From various causes nothing definite was done during the following half-dozen years. It was not the fault of the Canadian Government. On the 8th of February, 1877, Mr. Mackenzie's administration an- nounced through the Speech from the Throne that in spite of every eflForfc no advance had been made in obtaining a 4 50 LIFE AND WORK OF settlement from the United States as pledged under the terms of the Treaty. Sir John Macdonald in speaking to the Address admitted that the fault did not lie with Can- ada, and expressed the earnest hope that the incoming American Government would "remove the stigma that had been cast upon the good faith of the American people," by the previous and positive refusal to carry out this provi- sion of the Treaty of Washington. The expectations based upon the coming into oflSce of President Hayes were promptly realized, and on June 15th the Commission met at Halifax. The central figure in the gathering was M. Maurice Delfosse, Belgian Minister at Washington, who was named by the Austrian Minister in London, and was expected to hold the scales with absolute justice between the British Commissioner, Sir Alex. T. Gait, K.C.M.G., and the American Commissioner, Hon. Ensign H. Kellogg. M. Delfosse was elected President, and per- formed his duties with dignity and fairness. Hardly less important personages were the two Agents, the British being Mr. (now Sir) Francis Clare Ford ; the American, the Hon. Dwight Foster. There was a brilliant array of coun- sel, the British side being especially strong in this respect. It included such men as Joseph Doutre, Q.C., of Montreal ; S. R. Thomson, Q.C., of St. John, N.B. ; Hon. W. V. White- way, Q.C., of Newfoundland . Hon. L. H. Davies, of Char- lottetown ; and K L. Wheatherbe, Q.C., of Halifax. Upon the American side were Richard H. Dana, Jr., and Francis H. Trescott. But, fortunately for the case he had to pre- sent, Mr. Dana recognized the necessity of calling in to his assistance some Nova-Scotian lawyer who was known to be thoroughly posted in Maritime Provincial matters and versed in thei law of maritime nations. He selected Mr. J. S. D. Thompson and thus gave him the one opportunity he required. It was with him, as it is in such cases with all lawyers, a purely business transaction. Sir John Caldwell Abbott, k.c.m.o., q.c.'d.c.l. Third Premier of Canada. The Hon. Sir Samuel Henry Strong. Chief Justice of Canada. SIR JOH.V THOMPSON. 63 Two sides in an important international case had to be presented before certain judges, and he undertook to aid in the preparation of the American brief. On the 30th oi July and after the Commission had been sitting for three days, he was formally introduced in the following words, extracted from the official minutes : " Mr. Dwight Foster then requested permission to in- troduce Mr. J. S. D. Thompson, of Halifax, and Mr. Alfred Foster, of Boston, who would attend the Commission to perform such duties; on behalf of the United States as might be assigned to them." Those duties, so far as Mr. Thompson was concerned, were sufficiently onerous. There was no publicity for him in connection with the case ; his name only appears once upon the "minutes of the meetings; he delivered no speeches and received no official thanks. Yet there can be no doubt that he prepared the greater part of the American case, and especially that which had a local application ; that he had to make a profound study of the whole Fisheries question ; and was required to analyze the evidence produced, for the benefit of the United States counsel. His reward was a large fee — estimated at $6,000 — and a considerable increase in reputation. As the Halifax Herald said some months afterwards, "It is a point of pride with us that Mr. Thomp- son was deemed so eminent in his profession as to be sought after by the American Government " The result of the Commission was not all that Canada desired or expected, but to the United States it was intensely unsatisfactory. The tribunal awarded Canada $5,-500,000 by a majority vote, Messrs. Delfosse and Gait supporting, and Mr. Kellogg dissenting. For nearly a year the American Government delayed the payment to which they were in honour pledged, and while at least one-half of the fifteen millions paid by Great Britain in full for the 54 LIFE AND WORK OF Alabama damages was lying in their vaults uncalled for and unclaimed. Finally, towards the close of 1878, the amount was handed over, but only after an ungracious protest from Mr. Welsh, the American Minister to England, in which he declared that " the Government of the United States cannot accept the result of the Halifax Commission as furnishing any just measure of value of participation by our citizens in the in-shore fisheries of the British Provinces." Mr. Thompson was afterwards, for political purposes, criticized for his share in the case, but the very general feeling was that he had acted perfectly within his rights as a lawyer, and that the very fact of a leading Halifax barrister being allowed without public objection to take such a part, showed the Canadian desire to give our rivals every fair right to assistance before the tribunal. It, no doubt, helped also in the moral compulsion after- wards required to obtain payment of the award. In November, 1877, the opportunity came for one who had proved himself an able lawyer to show whether he also possessed the qualities of a politician and statesman. As a rule, and despite the number of lawyers who play at politics and the politicians who meddle with law, the qualifications are not often combined in any great degree. A training in law is apt to limit the intellectual horizon and restrict the broad-minded interpretation of precedents and that freedom of mental action, so essential to a man who aspires to true statesmanship. The great English party leaders have never been lawyers, and men like Brougham, Eldon or Campbell would perhaps have been greater in character and reputation had they adhered to law and not dabbled in politics. And it is probable that Mr. Thomp- son's first essay in political life was not in the end success- ful, from a party point of view, because he was inclined to look too much at legislation from the legal standpoint and silt juiiw iiioju-rfuisr. 55 think too little of popular sentiment in connection with it Other and specific causes there were, but in a general sense this had much to do with the result. However, all went well at the beginning. A vacancy had occurred in the representation of Antigonish county in the Local House of Assembly, and a movement at once commenced for the nomination of Mr. J. S. D. Thompson. At that time a little coterie of men were active in Halifax Conservative circles, all of whom afterwards attained more or less eminence. Robert Sedgewick is now a Judge of the Supreme Court of Canada ; Martin J. Griffin, Editor of the Halifax Herald, is Parliamentary Librarian at Ottawa, and a well-known Canadian writer ; Wallace Graham, Q.C., is a Judge of the Supreme Court of Nova-Scotia ; C. J. Townshend became a member of several Nova-Scotian Governments, and is now a Judge of the Province ; George Johnson is Dominion Statistician at Ottawa. There were others also, including Mr. J. J. Stewart, the present pro- prietor of the Herald. And the way in which they clung together was as remarkable as the manner in which the most of them rose to fame. Not less noteworthy, perhaps, was the regard in which Mr. Thompson was held by these rising men of his own home city. On the 21st of November, the Halifax Herald came out with an editorial declaring that, " Should Mr. Thompson be nominated by the Opposition in Antigonish, should he accept a nomination, at least seven-eights of the city readers of the Government organs will be found hoping he may win. For the organs fight against him under the melancholy disadvantage of knowing that the majority of their party look upon Mr. Thompson as a man who ought to be in public life, who will be in public life, who will make his mark in public life, and who has the ability. , character and standing to do credit to any public positio)' 66 LIFE AND WORK OF in which he may be placed." Shortly after thi=! high tribute, he was given the unanimous Conservative nomin- ation, and during the brief campaign of a week which followed made ten speeches in the constituency. But it was not all clear sailing. His opponent was a Eoman Catholic Conservative named Joseph McDonald, who received the strong support of the Local Government, and who expected to obtain enough Conservative votes to defeat the Opposition [candidate. The Halifax Ghronide commenced the campaign against Mr. Thompson by the charge that he was the nominee of Bishop Cameron, and that "his religion was expected to have more to do with his prospects in Antigonish than his politics." This was rather an absurd argument to address to a county which was overwhelmingly Catholic in population, but which had for years shown its moderation by electing one Protestant and one Roman Catholic. And in connection with this first appearance of a statement which has had considerable currency during many following years, a further extract from the letter of Bishop Cameron, which has been pre- viously mentioned, will be of interest. He writes : "Towards the end of October, 1877, I was convalescing after a serious attack of illness, when one day I received a friendly visit from Senator Miller. A by-election was soon to take place in Antigonish. In that connection the Senator said : ' What do you think of the idea of inviting Mr. J. S. D. Thompson to become a candidate ? ' My reply was as follows : ' I should be delighted to see my native county represented by a man of Thompson's standing and ability.' Upon my being asked whether Miller would bo allowed to make use of the above expression, I readily replied that my words were but the honest expression of my views, and that I was not ashamed of their being known to all whom they might concern." The Bishop then goes SIR JOHN THOMPSON. 57 on to say that he resided at that time in Arichat and did not visit any part of Antigonish County during the cam- paign that ensued. As a matter of course, the knowledge that Bishop Cameron favoured any particular candidate would help rather than hurt him under such conditions as prevailed in the contest, and there can be no doubt that the Halifax Herald hit the nail upon the head in saying that even if the Chronicle was true in its assertion, Mr. Thompson was to bo congratulated on having secured the favourable regards of " one of the most able and scholarly, the most refinfed and powerful, ecclesiastics in the Lower Provinces." But in fact, he was the candidate of no one man. Halifax Conservative opinion almost pushed him into public life ; his nomination papers were signed by the principal men in Antigonish County, which in any case had strong Opposi- tion leanings ; he did not seek the constituency, it sought him. After the nomination, his speech was described by a local paper. The Gasket, as something unusual. " We have heard public speakers in Canada, in the States, and in our own Province, and we fear not to assert that Mr. Thompson is the most perfect public speaker we have ever listened to. In fluency and ease, and grace and vigour of expression, he is without a peer in this country." Other local references to his ability and gentlemanly bearing indicate the forces that were at work, and which finally resulted in the large majority of 517. It was a very considerable victory for a young man who had hitherto only taken a quiet interest, and not a public part, in political matters. He had been compelled to fight the whole Government interest and an alleged Independent candidate, besides facing a constituency to which he was a stranger, and in which he had only a week to become acquainted. The Con.servative Opposition in 58 LIFE AND WORK OF the Local House was jubilant, aud the Herald congratu- lated the County of Antigonish on having secured the ser- vices of one of the ablest young men in the Province. It congratulated Nova-Scotia upon obtaining the public ser- vices of a man of high character and tried ability. It congratulated the Opposition upon such an accession of strength to its ranks. The Government of Nova-Scotia was at this time in the hands of the Liberal party, under the leadership of the Hon. P. C. Hill. A large majority of the Legislature was at its back, but it had become somewhat weakened by a reckless management of the finances, by certain scandals in connection with details of administration, and by the growing unpopularity of the Liberal Ministry at Ottawa, coupled with that omniscient factor in political affairs — hard times. Mr. Thompson's victory in Antigonish marked the turning of the tide, and a year later, at the same time that the Mackenzie Government was swept from power by the rising waves of Protectionism, the Nova-Scotia Minis- try was so badly beaten at the polls that only eight of its supporters were returned to the Legislature out of a mem- bership of thirty-eight. All the ministers but one were defeated. Mr. Thompson came back to the Assembly from Anti- gonish by acclamation, and on the 21st of .October, 1878, a Conservative Government was formed by the Hon. Simon H. Holmes, who took the portfolio of Provincial Secretary, with J. S. D. Thompson as Attorney-General, and the Hon. Samuel Creel man, a veteran Radical of the days of Howe, as Commissioner of Works and Mines. Messrs. 0. J. McDonald, W. B. Troop, J. S. McDonald, N. W. White, C. J. Townshend, and H. F. McDougall held office without port- folios. The new Attorney-General was warmly welcomed >jy a portion of the press, the Herald declaring him to be SIR JOHN THOMPSON. 59 of high standing in every situation of public or private life, with a reputation as clear as noonday from all charges and even all suspicions. Much was expected from the new Ministry, and in a very substantial way much was received. To extricate the Province from financial difficulties, to lift its railway system out of the hopeless muddle into which it had fallen, and to reform the loose method of municipal government, were the requirements of the moment. The Premier and his chief assistant set themselves to this task, and in three years of economy and retrenchment paid off $70,000 of the $400,000 debt incurred by their predecessors; reduced expenditures by $150,000 ; doubled the receipts from mines ; and trebled the receipts from Crown Lands. In another direction considerable success was achieved. The preceeding Government had subsidized Provincial railways to the extent of $1,400,000 during its term of office, but without securing the results aimed at. There now seemed to be difficulties in every direction. Grants had been expended without half the work being done, and in the case of the Eastern Extension Railway, the Com- pany, contractors, and Government appeared to be in a perfect tangle of trouble. One or two minor roads were soon completed by the new Ministry, and its energies were then devoted to the production of a schen.d which should effect the complete consolidation of thj railways of the Province under the control of an English syndicate. Some local men of wealth were interested, but the principal members of the Company were Sir Henry Tyler, Lord Ashley, Lord Colin Campbell, and other Englishmen of similar standing. Under a voluminous contract prepared by the Attorney-General, the Company, after considerable discussion, both public and private, agreed to complete some of the existing roads, and to construct 140 miles of 60 LIFE AND WORK OF new railway. The Government in turn promised con- siderable grants of land, and consented to guarantee the interest on certain bonds. There seemed to be no general opposition to the scheme. From one quarter, however, came steadfast and stinging criticism, and the ability with which Mr. W. S. Fielding, then editor of the Halifax Morning Chronicle, handled the question, not only effected the public mind injuriously to the Government, but helped to place him in the prominent position which he afterwards attained of Prime Minister of Nova-Scotia. But these attacks made no impression upon the Legislature. In opening the ses- sion of that body on January 19th, 1882, the Lieut.- Governor was very optimistic, and prophesied that the railway consolidation arrangements would " mark a new era in the development of the Province." On Feb. 1st, following, Mr. Thompson delivered a long and powerful speech upon the Railway Bill, which embodied the scheme in its entirety, and the measure was carried by a sweeping majority. It easily passed the Council, but the success of the Liberals at the polls a few months later prevented it from ever going into operation. Another matter dealt with, and to the lasting benefit of the Province, was the reform of its municipal system. It was a most difficult task. The old method of municipal government was vastly inferior to that of Ontario, and even to the sj'^stem which had been established in New Brunswick two years previously. Attorney General Thompson, however, went into the matter with his usual thoroughness, and seemed to be utterly oblivious of local popular clamor or of political exigencies. His Municipal Corporation Act, which finally became law, effected a genuine revolution. Each county in the Province was incorporated and provided with municipal self-government, Hon. Geo. E. Foster, D.C.L., M.P. Finance Minister of Canada. Sir Adolphe Caron, K.C.M.G., M.P. Postmaster-General. SIR JOHN THOMPSON. 63 largely upon the Ontario plan, in place of the antiquated method of rule by Sessions of the Peace and Grand Juries. The control of road and bridge moneys was vested in the municipal councils, and many abuses developed as the natural outgrowths of an old system were done away with. It was natural that a measure of wholesale reform such as this should create discontent in diflFerent quarters. The Liberal Opposition, as a matter of course, opposed and censured it. Magistrates all over the Province, whom it deprived of the share in governing the counties which they had hitherto held, were naturally indignant. And an army of officials who had been previously connected with the expenditures upon roads and bridges fought vigorously against the new proposals and against Mr. Thompson as the author of the reforms. But the measure was so good as a whole that the Legislature could hardly refuse to pass it, even though the majority knew that the conscientious labours of the Attorney-General would deprive the Gov- ernment party in the coming elections of the support of what had practically become a political machine — the magistracy of the Province. A prolonged effort was also made by the Holmes- Thompson Government, as it was called, to abolish the not very useful, and certainly expensive. Upper House. In 1879, the Ministry introduced a bill for that purpose, which was passed by the Assembly but thrown out by the Legis- lative Council. An address to the Queen was then carried through the popular chamber praying for such amendment to the British North America Act as would permit the Lieut.-Governor-in-Council to appoint enough members of the Upper House to carry the measure. The latter body presented a counter address to Her Majesty, and the Ministry followed that up with an able document prepared by Mr. Thompson, and endorsing the views of the Assembly. (34 LIFE AND WORK OF The Imperial Government, however, refused to interfere, and the Legislative Council still stands as one of the institutions of Nova-Scotia. Other legislation was attempted or carried out and, taken altogether, the course of the Government won it a reputation which caused so well-informed a paper as the St. John Sun to declare that, " Nova-Scotia had never been so well governed " as it was during this period. Meanwhile important changes were pending, and on the 25th of May, 1882, it was announced that a re-con- struction of the Cabinet had taken place. Mr. Holmes had resigned the Premiership on account of ill-health, and had accepted the office of Prothonotory of Halifax. The new Ministry was formed as follows : Premier and Attorney-General .Hon. John S. D. Thompson. Provincial Secretary Hon. A. C. Bell. Commissioner of Public Works Hon. S. Creelmau. Without Portfolio Hon. W. B. Troop. „ M Hon. C. J. Townshend. Mr. Thompson became Prime Minister as a matter of course. He was now, as a leading local paper declared, tiist in his profession and first in the Legislature, while, " as the son of one of the founders of Liberalism in Nova- Scotia, he still retains the spirit which actuated the men who won responsible government for us and made future reforms possible." But he was destined to hold the position lor only a very brief period. Dissolution followed early in June, and in the elections which took place on June 20th tlie Thompson government was defeated by a majority of live. The Premier himself was again returned for Anti- gonish, and amongst other notable selections at the polls was that of J. W. Longley for Annapolis, and W. S. Field- ing for Halifax. Early in July the Government resigned, SIR JOHN THOMPSON. fio and un the 27th of the same month Mr. Thompson accepted a place on the Supreme Court of the Province. There were many reasons for the defeat of the Ministry. The ability displayed by the Chronicle in its strong but unscrupulous attadks was one ; the enemies made by the municipal reforms was another; and the following statement by Mr. Fielding in a speech at Halifax on June 1st was widely believed : " As Premier we have a gentleman who has many friends. It is well known that the Hon. gentleman who temporarily fills that office has no intention of remaining in politics, but will at the earliest opportunity take a seat upon the Bench which his recog- nized ability as a lawyer fits him to adorn." There is no doubt that this was a popular impression, strengthened by the Attorney- General's disregard of the usual arts of the politician. And there seems also to have been a certain limited display of that sectarian spirit which had been shown in the first contest fought by Mr. Thomp- son in Antigonish. When a very few scattered votes could change the result in many constituencies, appeals to bigotry, whether secretly or openly made, would naturally have some effect in a general election. Of genuine religious narrowness, however, such as was developed at a later period in Ontario, there never had been very much in Nova-Scotia. But, whatever the measure of influence wielded by diverse causes may have been, the battle was now over; Mr. Thompson had ceased to be Premier ; his star of political success appeared to have paled forever ; and he had assumed at the early age of thirty- eight the ermine of the Provincial judiciary. There seemed to be no discord or disagreement in opinion regarding his appointment. The Liberals said : " We told you so." The Conservatives declared that the ablest lawyer in Nova-Scotia had taken the place whicij 5 (j6 LtfE AiJi) woiife OP he perhaps most desired, j^nd which he was splendidly fitted to fill. Long afterwards a few whispers were heard to the effect that he had deserted his party in its time of need, and that he should have stayed by the political ship in the shadow of failure as well as in the sunshine cf success. But there was no public expression of this feeling at the time, and it was confined to a few who may have been offended by his political rectitude or judicial manner of dealing with party questions. The Halifax Herald gave . the Tory view in a parting eulogium in which reference was made to his having brought order out of Legislative chaos; inaugurated . many valuable reforms; secured the completion and publication of the Provincial Law Reports, and rendered the Province many other services which it would feel for all time to come. An interesting tribute, unexpected at the time, and destined to be of political sepvice in years to come, was that tendered by the new Judge's most bitter critic and ablest journalistic adversary — the Morning Chronicle. Writing on July 27th, that paper spoke of him as probably the youngest Judge in the Dominion, and then went on to say : " In politics we have differed from him, but our differ- ences have never prevented a recognition of his fine abili- ties and high standing as a lawyer. It will be admitted on all sides that he is one of the foremost men in his profession, and possesses all the qualities necessary for a good Judge. . . . We predict for him a brilliant judicial career." It was therefore under very favourable circumstances that Judge Thompson began what appeared to be his real life-work. Politics had been a sort of passing experiment in which he had not succeeded as a party leader, thouo-h proving himself more than successful as a masterful debater and legislator. And during the next three years he did good work for Nova-Scotia. The Judicature Act of 1884, SIE JOHN THOMPl^ON, 67 by which the system of pleadings and practice in the Pro- vince was greatly simplified and brought up to tha standard of Ontario and England, was chiefly his work. He took the greatest interest in the founding of the Law School at Halifax in connection with Dalhousie University ; contri- buted liberally to its support at a time when his aid meant life or death to the institution ; lectured for years in itk nails without charge and while holding a seat on the Bench and devoted much time in other ways to what is now a most successful and valuable legal establishment. Personally he displayed many of the qualities of an ideal Judge. He was prompt in decision, fertile in prece- dent, invariably courteous to the members of the Bar, and was undoubtedly possessed of that indescribable qualifica- tion known as a judicial mind. He seemed to have a pecu- liar faculty for getting down through a huge mass of apparently relevant, or really irrelevant, questions to the ciTicial point in the most intricate of disputes. No student *b college ever worked harder than did Judge Thompson. In pursuance of a resolution made when he ascended the Bench, it is understood that during the years he remained in his position he devoted at least five hours a day to the study of law. So deep was the impression this legal know- ledge now began to make upon the public mind that when his lectures upon "Evidence," at Dalhousie University, were announced, a large number of the barristers of Halifax enrolled themselves as general students of the college for the purpose of hearing them. And these addresses upon a most difficult branch of legal study are considered to be of the highest value, as well as distinguished for lucidity and scholarly style. When therefore the call came to higher duties, and in his case to national responsibilities, Judge Thompson was prepared for advancement, as is every man who does thoroughly and well that which his hand finds to do. 68 LIFE AND WOKK OV CHAPTER IV. Enters the Government. By the autumn of 1885 some important changes in thib composition of the Dominion Cabinet had become necessary. Sir J ohn Macdonald was not all that he had once been in health and energy, though his chfeerinesv of disposition showed no signs of failing. Sir Leonard Tilley had found the Finance Department too great a strain for one of his years and strength, and the ministry was therefore about to lose the services of one of the best trusted of Canadian statesmen. Sir Charles Tupper intended also tct shortly retire to the High Commissionership in London, and Sir Alex. Campbell was desirous of resigning his position. To find new men capable of in some measure taking the place of these distinguished veterans was the task which the Premier had to face. And it was all the more important that his selections should be men of vigour and ability be- cause the Riel question was at this moment threatening the party with disintegration and the country with serious disaster. It was, therefore, a happy stroke of wisdom and good fortune combined, when Sir John Macdonald called in Mr. Thomas White as Minister of the Interior, and Mr. George E. Foster as Minister of Marine and Fisheries. Both had been of considerable service to him in the preceding session when various causes had made debating talent rather scarce upon the Conservative side of the House, and both were well-known throughout the country as skillful speakers and clever politicians. But when it was announced SIR JOHN THOMPSON. 69 a short time afterwards that the most important portfolio in the Cabinet at that moment — the Ministry of Justice — had been offered to a Nova-Scotian judge whom the Prime Minister had never even seen, and who, as a politician, had never filled the public mind of the country in any national sense, there were undoubted and natural expressions of surprise. The : Dominion Liberals did not attack the appoint- ment of Judge Thompson on personal grounds, but made the mistake of trying to minimize it. Referring to the Ministerial changes , generally,; the ToroTifo Globe observed, on the 26th of September, the day after the new Minister of Justice was gazetted, that " these changes and shuffles are of very little consequence to the country. The men ,who remained in the Cabinet and the men who have lately been taken into the Cabinet, are small men who will exer- cise no influence on the country." Such a comment upon politicians of the calibre of White and Foster and Thomp- son i^ enough to make partisans ou either side smile to-day and it is quite safe to say would not be offered by the Qldbe under its present clever management, should any similar occurrence again take place. 'lh& Toronto Mail, i\ie.n. under the able editorship of Martin J. Griffin, was on familiar ground in dealing with the Hon. John S. D. Thompson, and naturally did him more justice. It was in a position to tell the Dominion something of his services as a lawyer; of his occasional successes as an orator; of his "high and . unstained per- sonal character " ; of his eminence as a judge ; and of his reputation since 1869 as " a most faithful, high-minded, unselfish, and respected advocate of the policy of the^reat chief of, the Liberal Conservative party of Canada." Still it must be admitted that the country as a whole accepted the appointmeot largely on trust, and waited for time aad 70 LIFE AND WORK OF experience to develop results before expressing any partic- ular opinion. The Conservative party, of course, had confidence in Sir John Macdonald's wonderful judgment of men, and those who followed politics closely knew also that there must be something remarkable in the new Minister or he would, never have been selected to fill an exceedingly difficult post at the moment when a mo.'it complicated constitu- tional issue was darkening the whole national horizon with sectarian and sectional storm clouds. The man most directly concerned did not want the position. His party had almost forced him into public life when he first consented to contest Aijtigonish for the Local House. During the following period, while Mr. Thompson held office in Nova-Scotia, he made as few public appearances as possible, seldom delivered platform speeches, and though he laboured earnestly and unre- mittingly, was known to have retired to the Bench with pleasure, when defeat ultimately came. And now his paity had again demanded his aid. It was given with hesitation, and only from a final conviction of duty. The well-known statement of Sir John Macdonald!s, that " the great discovery of my life was the discovery of Thomp- son," is, like most epigrams, Somewhat inaccurate. It was absolutely necessary that a successor should be found to Sir Charles Tupper, and Nova-Scotia had, of course, the first claim to produce him. But it seemed very doubtful if the man was to be obtained in the Province. Mr. (now Sir) Charles H. Tupper, and his distinguished father, Mr. Robert Sedgewick, Q.C., and the other local Conservative leaders urged upon Sir John the ability and services of Judge Thompson. The latter however told his friends he would not take the position, and there really seemed to be no ope else upon whom th^ mantle of Howe Hon. Wilfrid Lacbier, Q.C, M.P., fy^fukir 0^ the Canadian Qppas^tian. SiK Fbank Smith, K.C.M.G., Senator, Minister wiljiout portfolio. SIR JOHN THOMPSQN. 73 and Tapper could for the time being fall. Meanwhile the claims of the Hon. George E. King, ex-Premier and then Judge of the Supreme Court of New Brunswick, were being pushed by friends in his j Province, ond the result seemed very doubtful. Finally, Mr. 0. H. Tupper, Mr. Sedgewick, and others went once more and urged Judge Thompson to accept the post they thought him so well fitted to occupy. A letter from Sir John Macdonald was taken to him, form- ally offering the position, and stating that a County Judge- ship had been accepted by Mr. Mclsaac, the Liberal M.P. for Antigpnish, and that his old constituency was once more open to receive him. Sir Charles Tupper at the same time and with the consent of Sir John Macdonald, went down to Antigonish in order to obtain,, if possible, the concurrence and aid of Bishop Cameron, who had now for some years been Judge Thompson's closest friend and confidant. He pointed out to the Bishop what a wide sphere of influence the change would open Up for his friend, and how greatly in the inter- est of Nova-Scotia and of the country generally it would be to have such a strong man in control of the Department of Justice. Bishpp Cameron eventually concurred, and under the varied pressure thus brought upon him the Hon. J. S. D. Thompson entered the Dominion Cabinet. The whole proceedure was a great compliment to the man and his ability, and it proves also that the astute Chieftain at Ottawa had been more than favorably impressed by what had been told him regarding the Nova-Scotian Judge. In this ^ay he may be said to have " discovered " him. But the fact that Mr. D'Alton McCarthy, Q.C., M.P.. wa,s first offered the Ministry of Justice before Judge Thompson was approached in the matter, rather tends to make the appointment one of those accidents of politics which bring about the most strange and striking results, 74 LIFE AND WORK OF Mr. McCarthy's refusal of the portfolio really paved the way for the successful national career of his great rival. It must have required considerable courage to face the large opposing majority in Antigonish. Several constitu- encies were offered the new Minister, in any one of which he would have been elected by acclamation, but he pre- ferred going back to his old friends. Without hesitation, or taking time to " sound " the electorate, he faced a Lib- eral majority of 333 ; placed his faith and political future in the hands of the people of Ar^iigonisli ; and despite renewed appeals in certain quarters to the old religious prejudice; and a natural local desire for a local represen- tative such as Dr. Mcintosh was, who opposed him as an Independent Conservative ; the brief campaign resulted in a sweeping triumph for the new Nova-Scotian leader by the splendid majority of 226. The comments of the Nova Scotian press had in the meantime been generally eulogistic and congratulatory. Unlike that of Ontario it could speak with knowledge of the past record and of the personal character and abilities of the lawyer and politician who was now to enter upon a career of broader statesmanship. The Halifax Herald, speaking on the 24th of September, when the appointment was first announced, represented very accurately the opinion of most of the intelligent Conservatives of the Province : " As a gentleman the new minister has ever been a favorite among men of all parties, creeds and classes ; as a lawyer he has no equal in the Lower Provinces, and few if any superiors, in Canada; while as a public man he dis- played all the highest qualities of an ideal statesman. . . . Honest, industrious, broad-minded, clear-headed and cour- ageous, with a thorough mastery of his profession and a patriotic ambition to be useful in his day and generation, Mr. Thompson is uuquesUoi;i9ibly Oif all the men in the P?q- SIR JOHN THOMPSON. 75 vince the one best qualified to succeed Sir Charles Tapper as the representative of Nova-Scotia in the Government of Cana,da." Fair minded Liberal opinion was voiced by the fbllow- ingf from the Windsor, N.S. C^ouricr ; — " We congratulate the people of Nova-Scotia upon having in the Dominion Cabinet a gentleman of Mr. Thomp- son's ability and untiring energy. He is an excellent speaker, a clear-headed lawyer, and will undoubtedjy fill the office to the satisfaction of the countr-" " Well-informed opinion outside of the Province was represented by the Toronto Mail — -already quoted — and the Montreal Gazette, which declared that in the new min- ister the Government would receive a valuable acquisition. It went on to describe him thus : — " A profound lawyer, universally admitted as being in the foremost rank of his profession, he combines the qualities of a sound jurist, with those of an eloquent and effective speaker, who will prove a valuable addition to the debating power of the Ministerial benches." How valuable, not even the Gazette had the faintest conception ! The rabid and extreme partisan view may be obtained from a despatch sent by the Ottawa cor- respondent of the St. John Telegraph, which declared that " the members of the Orange order are greatly enraged over the appointment. They say he supplants a Protestant and that Rial will not be hanged." There was a very interesting discussion following upon the appointment, which was partisan in origin, constitu- tional in form, and not exactly personal in application. A good many years before this time Vice- Chancellor Mowat of the Ontario Judiciary had stepped down from the bench to assume the Attorney- Generalship of his Province, and to enter that political arena in which he has since had such con- spicuous success. The Conservative press and speakerci gf 76 LIFE AND WOKK OF that day had censured the Liberal party for thus degrading the Bench of Jugtice by making its occupants eligible for party favours and party rewards, and had especially de- .nounced Mr. Blake, the retiring' Premier of Ontario, who had nominated the distinguished Judge as his successor and had. urged him to accept, the post. Whatever force these arguments may have had in Provincial politics, and it is not probable that an occasional retirement ; from the Bench to enter political life will ever really injure the Judiciary, they had still less in connection with the Domi- nion post of Minister of Justice. Who indeed could be better fftted to a;dminister jus- tice for the nation ; to, control the lawrwork of the Domi- nion; to look after and abolish, modify, .change or amend its laws, than one who had previously possessed judicial experience ? Then in a matter of precedents — those things which lawyers and politicians appreciate so much and which constitute such, excellent reasons for action or inac- tion as the case , may be-^there is a considerable resemb- lance as, to the duties , performed, - between the position of Canadian , Minister of Justice and that of the Xiord Chan- cellor in: England. In the .Mother-country many of, the , most distinguished holders .of that great; blue ribbon of ..the legal profession went from , the .Bench ..to the woolsack. Amongst them were Lord Hardiwicke, Lord Bathurst,,IiOrd- Loughborough, Lord Truro„Lord'Hatherley, Lord Camden, liOrd Campbell, and,, greatest, of all. Lord Eldon. And cer- tainly it has never been , claimed .that the English Bench was degraded thereby, though it is open to any one to urge that men like the late Lord Chief Justices. Cockburn and Coleridge haveleftgreater legal reputations than the vast majority of those who preferred the temporary glory of the woolsack to. the lasting splendour of a distinguished judicial recoid. Slli JOHN THOMPSON. 77 But n.me the less the discussion was entertaining, and gave the party organs something to talk abont. As there was nothing special about the new Minister to denounce, they fired a good deal of political ammunition over this little point, and it was one of the eafliest matters referred to when Parliament opened its fourth session on thfe 25th of February, 1886. The new member for AntigOnish was introduced for the first tiitie to the House, of which in five years he was to be leadei-, by Sir John A. Macdonald and the Hon. A. W. McLellan, and at once tdok his seat as Minister of Justice. At the same time the Hon. Thomas White and Hon. George E. Foster went through thd form of introduction and took their places, after having returned to their constituents for election upon app^intiiient to bffice. Within eight years from that day four out of those five p liitical leaders had passed throtigh more or less eventful phases of political life, and had depatte'd from the scene ! How wonderfully true in this connection seem the beautiful lines by LoWell : " Life is a leaf of paper, white, UpOn which each of us may write His word or two. Then comes the night." On the following day the debate' upoh the Address in reply to the Speech from the Throne took place, arid Mir. Blake, as leadei- of 'the Opposition, proceeded to pour the usual hot shot into the Ministerial ranks. He was' parti- cularly sarcastic concerning the two different opinions apparently held by the party in pOwer regarding the appointment of judges to political office. It was with them, he declared, not a matter of prihciple, but simply on6 of expediency. And then speakihg of the Mowslt incident,' he said : "I was told that I had degraded the Bench; that I had soiled the hitherto unspotted ermine; that I had created 78 LIFE AND WORK OF a feeling of want of coiifidence on the part of the people in the j,udges of the land ; that I, had rendered it impossible for the judges to conduct impartially the trials of election cases." And after this he paid his respects to the new Minister in a style which was meant to make prominent Conservatives feel secretly annoyed, and to make Mr. , Thompson slightly uncomfortable had he really been, as Mr. Blak;e supposed, a small man in a large. place. "I congratulate the honorable incumbent of the office. He enters Federal politics, as the French would say,, by the great gate. For him there is no apprenticeship in our Parliament, j . . , . No greater compliment could be paid a public man. The Government -felt the office was impor- tant; they felt they had no one available in Parliamont, and that they had to look outside. As a lawyer, the hon. gentleman has come to, the front with a bound over many heads ; as a legislator, he begins his Federal career at OLce as a Minister." , , , In his reply, Sir John Macdonald chaffed the Oppjsi- tion leader in his usual effective style ; spoke of him as "the dissolving view " of the Mackenzie Governuient, sometimes in and sometimes out ; referred to the Hon. W. B. Vail having been brought into that Government from Nova-Scotia over the heads of many Liberal members in the House ; criticized the retirement of Vice-Chancellor S. H. Blake from the Bench;, and spoke of the elevation of the Hon. E. B. Wood to the Chief Justiceship of Manitjba by Mr. Blake as the employment of the Bench for tUe reward of political services. Finally, he had a few wjch, and only a few words, to sa^y about the new Ministor : " I looked out in Nova-Scotia when the (Ministerial) vacancy existed, for a lawyer who could fill that position crtt'atablj'-, and 1 found him in my hon. friend, and if he were not here at this moment I might enter more fully into the fact SIR JoMn TSoMPsOM. 70 of his fitness, but I believe that even the hon. gentlemen opposite will admit before the Session closes the correctness of my selection and choice." It is probable that a very few months of intimate association in Cabinet and private political discussion would be all that was" necessary for a man of Sir John Macdonald's keen insight to have guaged the ability and knowledge of the new Minister of Justice. But in making that last prophetic remark, even he could hardly have foreseen the skill and value of Mr. Thompson as a Parlia- mentary debater, though, no doubt, he was able to make a shrewd guess at the- truth. In the course of a. few weeks, however, there would be no possible doubt concerning the matter. 80 LIVE AND WORK Of CHAPTER V. The E.IEL Question. The opening of this session of the Parliament of 1886, was perhaps the most critical period in the life of the new Minister of Justice. At a crisis in the history of the government which he had joined and of the party to which he belonged, he found himself called upon to bear the burden of defence against the fiercest and best organ- ized attack in the annals of Canadian legislation. Fresh from the Bench of his Province and long unaccustomed to heated discussions and party strife, he was to endure the lash of sectarian bitterness and sectional prejudice, inten- sified as it was, by an external and seemingly successful campaign of unscrupulous misrepresentation. Unknown as a speaker to nearly the whole of his critical, or already prejudiced, audience in the House, he had to face the oratorical graces of Mr. Laurier, the powerful eloquence of Mr. Blake, and the fervid utterances of a score of others, who were borne by the excitement of the time to the crest of a storm-tossed political wave. There can be little doubt that the position of the Ministry was very precarious. The old-time influence of the Conservative party in the Province of Quebec, seemed to have gone forever. The magnetic personality of Sir John A. Macdonald appeared to have lost its power. He was freely denoun •;d in great French- Canadian meetings as "the enemy of our nationality," and was even burned in efiigy at Montreal, whilst the Hon. J. A. Chapleau, the Rt. Hon. The Earl of Rosebery, IC. 0. Prime Minister of Great Britain. 'm. Hon. Edwakd Blake, Q.C, M.P. for Longford, Ireland, taU hea4&T of the Liberal Party in Canada, Sin JOHN tiioM^ol^, 63 elocjuent tribune of the people, was bracketed with Sir Hector Laiigevia and Sir Adolphe Caron, in public resolutions, as " traitors to their country." Kiel was to be ti\e hero of Quebec and one of the political martyrs of his nationality: Mr. Mercier was to be the leader of a new move- ment which in the sacred name of race and religion was to avenge his execution : the Parti-National e was to sweep out of existence the enemies of French Canada and of the Roman Catholic Church : Mr. Blake was to stir up the Province of Ontario against those who hn,d committed what 30,000 people on the Champ de-Mars in Montreal, declared " an act of inhumanity and cruelty unworthy of a civilized nation." From the moment when the man who had caused so much of sorrow and bloodshed, suffering and deatli, wus executed at Regina, on the 16th of November, 18S5, this agitation had grown in force and sunk deeper and deeper into the hearts of the people. Popular passion is always easy to arouse when questions are raised touching even the fringe of creed or nationality, and Mr. Mercier, who was trying to ride into power upon a wave of sectarian prejudice, seemed utterly indifferent to the danger of his course. And in allowing the law to be carried out the Dominion Government had to face a double difficulty. Not only was the situation in Quebec critical : not only did he Monde, a Conservative paper, represent the senti- ments of its press as a whole in declaring, after the execution, that " Fanaticism wanted a victim : Kiel has been offered as a holocaust : and Orangeism has hanged him for hate and to satisfy an old thirst for revenge ": but the remarkable utterances of the Toronto Mail and Orange Sentinel, provided additional fuel for the flame of excitement. The former had declared on the 3rJ of November, preceding the execution, that " as Britons we Si Life ANto WoKk os- believe the conquest will have to be fought over again and Lower Canada may depend upon it, there will be no treaty of 1763." The Sentinel declared, in reply to fiery state- ments from Quebec, that the Government did not dare to hang the rebel ; that " English-Canadians will not longer suffer this galling bondage : and the day may not be far distant when the call to arms wil. again resound through- out the Dominion." Tremendous pressure had been brought to bear upon the French-Canadian Ministers to resign from the Dominion Cabinet. They were told, and trulj'-, that Mr Mercier was about to sweep the Province of Quebec, defeat the Local administration, and then turn his attention to aiding Mr. Laurier at Ottawa. Many of their Conservative sup- porters pointed out that refusal to leave a doomed government meant political extinction, and that if they attempted to condone the execution of Riel, even a seat in Parliament would be an impossibility. Whole batches of French-Canadian Conservatives declared that they dare not support the Govei-nment in their proposal to let justice take its coiiise, or in their subsequent definite performance of that duty. Meanwhile, Mr. Blake had not made the outlook more pleasant by vigorous speeches in Ontario, during which he denounced the whole North- West policy of the Government. If appearances could be trusted it seemed indeed as though a general break-up of the national Conservative forces was about to take place. This then was the situation wh6n the Hon. J. S. D. Thompson faced a storm-tossed House of Commons on the 11th of March, and listened wiih stocial composure to Mr. Landry's long-anticipated and now famous motion : — " That this House feels it its duty to express its deep regret that the sentence of death passed upon Louis Riel, SIR JOHN THOMPSON. 85 convic|;.ed of high treason, was allowed to be carried into execution." Mr. Landry's speech was the key-note of much that followed during a week's debate. He described the Gpyerjinient's action in a strain of the fiercest invective. It was a provocation flung at the face of a whole nation- ality : it was a breach of the laws of justice : it was an evidence of weakness on the part of the Ministry : it was the gratification of a long-sought vengeance : it was the wanton sacrifice of the life of a French- Canadian Catholic upon the altar of sectarian hatred and bigotry. He spoke of the petitions that had been disregarded, and considered the actions of Riel to be those of an insane man or of a monomaniac. He quoted the pardoning of Jefferson Davis, the exile of Arabi Pashi, and the treatment of Abd-el-Kader by France, as affording ample precedents for the forgiveness of Riel- Lt. Colonel Amyot, another Conservative, followed, and declared with all the vigour of passionate declamation, that after an examintition of the record in Kiel's case, the Ministry had ordered the biinging in spite of the favourable nature of the record : in spite of the recommendation to mercy by the jury : in spite of the madness of Riel, which was admitted and proved : in spite of the petitions which they had receiyed. "We go iurther" added the orator, " we say they did it after mature deliberation, in order to please a certain section of the country, not caring about offending the other." Many others spoke. Mr. Clarke Walla.ce declared that out of 2000 Orange Lodges in the country not more than six had passed ^t^Y resolutions whatever upon the subject. Mr. M. 0. Caiperpn denounced the Government as having " trafficked ija the destiny of a fellow mortal." Mr- !Lau- rier made a speech which was remarkable for the purity of ife djiotifln, the beauty of its language and style, lie 86 LIFE AND WORK OF stated his belief, and the belief of his Piovince, that the execution of Riel was "the sacrifice of a life, not to inexorable justice, but to bitter passion and revenge." He claimed that the A.merican, English and French press, almost without exception, had taken the ground that the execution of Riel was unjustified, unwarranted and against the spirit of the age. He urged that Riel had been deprived at his trial of certain witnesses, and that papers and docu- ments taken from him and his house had not been placed at the disposal of his counsel as requested. He compared Riel to Jefferson Davis, and quoted from the evidence of General Grant before a committee of tlie American Congress to show what were considered the rights of surrendered officers. If Riel had thought that he was going to be treated as a captured rebel he would have escaped instead of surrendering to Major General Middleton. Mr. Laurier concluded an oration, which Mr. Blake afterwards character- ized as the best he had ever heard upon the floors of Parliament, by appealing for that justice which, in his opinion, the unfortunate half-breeds had fought for and had never yet obtained. Sir Hector Langevin, Minister of Public Works, and the nominal leader of the French-Canadian Conservatives, referred to the great diflBculties which he and his colleagues had been compelled to contend with during the previous four months of wild excitement, of agitation in Quebec, and counter -agitatiun in Ontario. He spoke of the rebel- lion ; its inception through the machinations of Louis Riel ; its progress and final suppression by the gallantry of the Canadian volunteers. General Middleton had kept his promise to Riel, and had handed him over in safety to the civil authorities. He had been tried under a law which was put on the Statute book when the Liberal party had been in power. And so anxious was the Government to SIR JOHN THOMPSON. 8? give the rebel leader every legal chance for his life that the case had been carried to the Supreme Court of Mani- toba, and thence to the Judicial Committee of the Imperia Privy Council. He summed up strongly and eloquently in the following words : " We are the Government of the country ; we had no reve:ige against this man ; he had done us nothing person- ally ; but he had attacked the authority of the Queen ; he had revolutionized that country ; he had called the half- breeds to his aid and had deceived them in a most shameful way, as the missionaries of that country have all testified ; he had destroyed their faith; he had destroyed their reHgion to establish one of his own, and my friends from the Province of Qnebec call tliat man a compatriot ! No, Mr. Speaker, the sober second thought of the people will not be so." Mr. R )yal contended that the rebellion was a crime against God and humanity ; Mr. Gigault thought it was a political scaffold and a political execution that took place at Regiua, though he did not say how the matter could possibly have benefited the party in power. Mr. J. J. Curran (afterwards Solicitor-General) declared that the central figure in this war of races and religions which was being inaugurated, had been alternately exhibited as a hero, a martyr, a fool and a lunatic. He quoted from documents, speeches at the trial, interviews, etc, in order to prove that Riel was simply an ambitious and utterly auscrupulous schemer. Mr. Coursol denounced the attitude of the Toronto Mail, as did Mr. Langelier, who contributed the following remarks to the debate : - "Our ancestors, when only 60 000 in number, including men, women and children, stood their ground for five years against 50,000 of the best soldiers, not only of England, but of the world. Now that we are a million and a half 38 LIFE AND WORK OF we could offer a pretty stiff resistance to the Tory land grabbers who threaten us." Sir Adolphe Caron, in an eloquent speech, declared that if circumstances should ever arise similar to those of last year, he would again do what he had then thought was his duty. He considered that Riel had deceived the half- breeds, and showed how he had offered to sell for a bribe both his followers and his " cause." He read letters from Bishop Grandin showing the tr< uMe and misery the rebel- lion had caused, and from Riel to " Pound maker," which proved that he had tried to raise the Indians in revolt. Mr. Chapleau, in a most able effort, defended the Gov- ernment's position and his own share in supporting the law of the land. He referred to the brilliant offers made him by the Parti-Nationale ; spoke of his refusal to take the leadership of that organization in Quebec, which for a time seemed, and was, all powerful; and urged strongly his conviction that Riel was entirely responsible for his own actions. But the speeches around which centered the greatest interest, and upon which depended the ultimate verdict of Parliament, of the people and of posterity, were those of Mr. Blake and Mr. Thompson. The House was expectant when the leader of the Opposition rose to his feet. It looked for a powerful arraignment of the Government ; for close reasoning ; for a wide display of constituticiial knowledge ; for vigorous invective. But in the case of the Minister of Justice, it was simply curious. Conserva- tives anticipated a fair presentation of the case, but were hopeless of any real reply to the great speech which it was known Mr. Blake had prepared. And Liberals would have laughed exceedingly had aftiy one hinted that Blake might meet his match in the short, stout, fresh-coloured, young- looking gentleman who had just come in from a Nova- SIR joim TiioMrsoN. 89 Scot-ian constituency, and who was to soon make his maiden speech in the House. Mr. Blake reviewed the whole matter. He went into the history of the rebellion ; the discontent%of the half-breeds ; the action or inaction of the Government. He contended that the trial had not been a fair one ; that the choice of the magistrate had been unfortunate, and that the evidence and facts of the case proved Riel to be insane. He spoke of the disregard of the jury's recommendation to mercy, and enlarged upon the question of executive interference by the Government, and as to when it was warranted. His case was a very wide and varied one; the reference to authorities wag extensive, and many precedents were produced to show that as Riel, in his opinion, was not responsible for his actions, he should not have been executed. The speaker concluded by saying that though he knew that many of those of his own race and reJgion would differ from him, it was his conviction that 'the sentence should have be^n imprisonment for life ; that by the execution a great blow had been inflicted upon the administration of justice, and that the Government was responsible for it. In making what was really a great speech upon this occasion, there is no doubt that Mr. Blake fell into the fatal error of under-estimating his antagonist. Had he felt any comprehension of what was to follow, he would not have made his argument so general or so broad, and would have depended upon the strong points in the case without intro- ducing weak ones, which seemed specious and plausible at first sight, but which could not stand the shock of logical and keen analysis. Unfortunately for him, too, it was past midnight when the speech was finished, and this gave the Minister of Justice an inestimable advantages-one which experienced debaters know how to aippreciate and make use of. He promptly moved the adjournment of the 90 LIFE AND WORK OF debate, and, after a couple of days' interval, rose to reply during the afternoon of Monday, the 22nd of March. It is very seldom indeed that a public man achieves a reputation of the highest order by a first speech in Parlia- ment. If in England a future leader, or a n ai of admitted and commanding ability, makes a mere favourable impres- sion upon the House, he is considered to have done exceedingly well for the first time. In Canada it had only been the case, and then in a very modified form, upon one previous occasion, when the Hon James McDonald, now Chief-Justice of Nova-Scotia, delivered a maiden speech in the Parliament of 1873. Of course, in the American Con- gress where only pluck and pyrotechnics are required, it is comparatively easy to make an oratorical success of a first effort. But in the case of the Hon. J. S. D. Thompson success meant the defeat of the greatest logician and debater in the House of Commons, and the defence of the Govern- ment's position in a matter involving most intricate constitutional issues. It meant that a new man was to pitt himself victoriously against a veteran in Parliamentary debate and knowledge of constitutional law. It meant that he was to become a power in the House and the nation, while failure involved results which would have made his subsequent rise impossible, or, at least, unlikely. The Chamber was crowded to excess, and from the moment when the musical voice of the unpretentious, and not at all imposing, speaker was first heard, until he sat down at the end of two hours, he held the close and undivided attention of the House, and it may be almost literally said that a pin could have been heard to fall. Those who know the normal condition of the Commons, no matter who is speaking, in regard to attention and quietness, will appreciate the full force of the compliment thus conveyed. The speech was strong, clear and convinc- Hon. Sib Chahlfs Hibeekt Tuppet;, K.C.MG.,(i.C., M..P. Minister of Marine and Fisheries. Hon. John Costigan M. P. Secretary of Siat^ SIR JOHN THOMPSON. 93 inff. The Minister of Justice seemed to be master of him- self, master of bis subject, master of the law in its theory, practice and precedent, master of his audience. He pierced the armour of Mr. Blake's argument with the most direct arid irresistible skill, and while not appealing in the least to his hearers' passions, prejudices or sympathies, he subdued a critical and censorious body cf men by pure force of reasoning and logical aigument. Before that speech was ended, it is absolutely accurate to say that he appeared to both friends and opponents as a "Tower of strength That stood four-square to ill the winds that blow." Mr. Thompson first deprecated the extreme feeling, if not actual animosity, which had been thown throughout the greater part of the prolonged debate. He made a statement of the part taken in the case by his own Depart- ment — that of Justice — and then proceeded to combat the claim that Parliament was a court of appeal in criminal cases, pointing out some of the evil results which might ensue in t>uch an event. He defended tlie composition of the Regina Court, and met fully and squarely Mr. Blake's contention that the Judge was an in'erior one and the choice unwise. He held that it would have been gross injustice, and a very dangi-roiis precedent, to have enacted any special law to meet the case. After going over the evidence and proceedings at the Regina trial, Mr. Thontpson took up the assertion that Riel was a political dfiender, and, therefore, should not have been hanged. He instanced the case of John Brown ; dealt with that of Lord George Gordon ; quoted Mr. Gladstone in corifieCtion with the Fenians and the murder of Constable Brett, and gave the opinion of the English Commission on Capital Punishment, which declared that " in cases of treason accompanied ify 04 LIB'S AND WORit Of overt acts of rebellion, assassinatioa or other violence, the extreine penalty must be maintained." Lord Cranbori^e, now the Marquis of Salisbury, had said that " You must treat treason as the highest crime known to the law. If you impose capital punishment for murder you must for treason." He pointed out that Lord Bramwell had declared that " Treason is worse than murder, because it involves the taking of many lives." The condition of a new country such as the North- West absolutely required strong enforce- ment of the law, and any laxity in the punishment of admitted crime would have been a criminal act on the part of the Government. He then dealt with the insanity question in a lucid and convincing manner, and asked in that connection how others who took part in the rebellion could have been dealt with if the head and front of the movement had been granted executive clemency. " 1 should like to ask how the Frog Lake murderers could have been punished if the man who incited them to rebel- lion was allowed to go free or to repose in a lunatic asylum until he got rid of his delusion ? " And then, in a few ringing words, he concluded his speech amid loud and prolonged cheering : " I think, Sir, it was absolutely necessary for us to show to those Indians, to every section of the country, to every class of the population, that the power of the Govei'n- nient in the North- West was strong, not only to protect, but to punish as well ; and in the administration of justice, with regard to those territ(jries in particular, it was absolutely necessary that the deterrent effect of capital punishment should be called into play. (Cheers.) I am not disposed, remote as that territory is, strong as the calls are for vigorous government there and for the enforce- ment of every branch of the law, to be inhuman or §iR JOHN THOMPSON. §5 Unmerciful in the execution of the penalties which the law pronounces ; but in relation to men of this class, men who ,time and a'^ain are candidates for the extreme penalty, men who have despised mercy when it was given to them before, I would give the answer given to those who pro- posed to abolish capital punishment in France, "Very well, but let the assassins begin." With the close of this speech there arose a new figine in Canadian politics and a chief amongst those who played the leading parts in the great game of public life. Three days afterwards the division was taken, and the Govern- ment found itself sustained by 146 to 42. Meantime, the echoes of the speech delivered by the new Minister of Justice had permeated every part of the Dominion, and the man from Nova-Scotia, the stranger who had entered the great arena of debate and overthrown the hitherto almost invincible Blake, found himself famous as a consti- tutional lawyer and powerful speaker. Canada has every reason to be grateful for the firm disposition and straighfcfoi'ward character of its Minister of Justice during the crisis which prevailed in the autumn of 1885, as well as in that which has just been described. There is no doubt that Sir Hector Langevin had given his friends in Quebec secret assurances during the storm of protests which came in while the execution of Riel was pending, that a commutation of the sentence might be and would be granted. He spoke with the authority of a senior Privy Councillor and a right hand man of the Premier's for many a long year, and it is probable really believed that his influence over Sir John Macdonald, both as a personal friend and as the successor of Sir George Cartier in the French-Canadian leadership, would be suf- ficient to eventually obtain it. Hence his organ Le Monde was permitted to join the chorus of protesting papers and 96 LIFE AND WORK OV politicians ; many Conservatives were deceived into join- ing the movement ; and it was only when the agitation got beyond control and threatened the very existence of the Conservative party in the Province, thit Sir Hector woke up at the same time to the dangerous situation he had allowed to develop in the ranks of his own followers, and to the pi'obability that he v/ould be unable to guide the issue in the Cabinet. Stronger men than he were at the back of Sir John MacJonald, and had the chieftain entertained the least idea of interfering with the course of the law, the forceful pi-rsonality of Mr. Thompson would have probably averted the evil. There is no indication or evidence that he ever did think of taking such an action, but Sir Hector ap- pears to have been in a serious predicament, and the crisis was so acute that a weak-kneed Minister of Justice might have been cajoled or coerced into advising that the sentence be commuted. The excuse thus given for bending before the storm might have been accepted or it might not, the pro- babilities being that a large majority of the Cabinet would still have been in favour of the upright and honourable course which was in the end pursued. And this may be said without considering " the Old Man's " masterful disposition. Bat none the less was the fact of Mr. Thompson being a Roman Catholic and possessing a vigorous will and char- acter of his own, very eflFective in keeping the Govern- ment united to all intents and purposes upon the question which was shortly to be the central one in a general elec- tion, extending from the shores of the Atlantic to the rock-bound coasts of the Pacific SIR JOHN THOMPSON. 97 CHAPTER VI. An Election and a Fisheries' Treaty. The campaign which preceded the Dominion elections of 1887 brought the new Minister of Justice into personal contact with the people of Ontario. Hitherto he had been a sort of political myth, powerful in the Cabinet and in Parliament, but personally unknown to the public. He was now to be introduced to Ontario by the Chieftain himself, and to take a leading part in the battle upon which depended the fate of the party; for, as Ontario went, so it was felt would go the country. The Conserva- tives in Quebec were fighting a lost cause ; Rielism, and all that it involved of racial agitation and revengeful cries, was uppermost, and the Province on Oct. 11th, 1886, returned the Liberals to power in the Local Legislature, and placed the sweets of office in the hands of Mr. Mercier. Nothing could, therefore, be hoped from what had once been the mainstay of Canadian Toryism, and everything turned upon the result in Onta,rio. On the 11th of November, Sir John A. Macdonald, the Hon. J. S. D. Thompson, the Hon. Thomas White and Mr. W. E. Merediih, started in the afterwards famous private car " Jamaica " upon their political tour of the Province, commencing with a large meeting at Renfrew. Mr. Mere- dith, who was conducting his own campaign at the same time against Mr. Mowat, and who, in this election, came so near to winning the day, did not, of course, speak at all the meetings, and a little later the three first-named leaders were joined by Hon. George E. Foster. With them at 7 98 LIFE AND WORK OF occasional intervals were the Hon. J. A. Chapleau, the Hon. John Costigan and Mr. J. J. Curran, Q.C. Everywhere the reception given the Ministers was not only cordial but enthusiastic. All along the line vast crowds turned out to see the " Grand Old Man," and the hero of the Riel debate. The drill-hall, rink, or city hall, as the case might be, was invariably crowded to the doors, and it was not long before Sir John Macdonald found that far from supporting a lost cause in Ontario, he had the great mass of the people with him. It was known to his intimate friends in that campaign that Sir John had expected defeat ; that he thought Quebec was going solidly against him, while Ontario would do well if it left the party representation about equal ; that he left Ottawa weak in health and dispirited to the last degree. But the greetings of the people were so cordial, the meetings so enthusiastic, and the reports began to get so favourable as the tour progressed, that he visibly improved in health and spirits and rapidly became himself again. Mr. Thompson was given a prominent place on the programme of almost daily speeches, generally opening the ball with a powerful arraignment of the Opposition's alleged policy of race and revenge in Quebec, secession in Nova-Scotia, annexation in New Brunswick, and detraction everywhere, He invariably handled the Eiel question, urged the preserva- tion of the Union, and spoke of the oneness of the Conser- vative policy as it was now presented, in every part of the Dominion. Mr. White or Mr. Foster would follow, and then Sir John Macdonald would close with a few pithy, witty remarks. Very often there were two meetings^one in the afternoon, and one in the evening at the next town. A preliminary mass-rneeting and demonstration was held at London on Sept. 16th, 1886. Sir John Macdonald, Mr. Thompson, Mr. White, Mr. Chapleau, Mr, Meredith SIR JOHN THOMPSON. Dd and Mr. Carlinaf were the speakers, and the " Old Man " delivered a lengthy and elaborate address. The Minister of Justice received a splendid reception, and the eloquent speech of Mr. Ohapleau, the great Quebec orator, was one which, it is safe to say, will never be forgotten by those who heard it. A little later, on Oct. 14th, Messrs. White, Foster and Thompson addressed an immense gathering at St. John, N.B., and the Daily Sun on the succeeding day observed that " Too much cannot be said in praise either of the style or matter of the address of the Minister of Justice. He is the more polished speaker of the three. Every sentence is clear, incisive and graceful." At Owen Sound, on Nov. 15th, when the Ontario tour really commenced, the reception was particularly elaborate in arrangement and enthusiastic in spirit. Mr. Thompson was warmly received and brought ringing cheers from a great audience by the declaration that " one loyal man is as good as ten rebels." Then followed a large gathering at Dungannon in Huron County, and on Nov. 20th the party reached Hamilton. Here we find in Mr. Thompson's speech a rather amusing comment on the varied policies of the Liberals. " There, however, Mr. Blake did have a policy in his pocket. He had a right to christen his own baby, and, therefore, he called it the ' alternative policy.' A better name for it, however, would have been the 'all- turnative policy.' " Gait, Listowel, Stratford, Guelph and Sarnia were then visited, with all the now familiar accompaniments of tremendous crowds, torch-light processions and loyal addresses. At Stratford the crowd was so great that the Ministers could hardly get through it to the platform. When they did get there, Mr. Thompson referred to " the warm-hearted hug " he had received as one which a man only wanted once in a lifetime. At Sarnia he said a rather good thing at the expense of one of the Liberal leaders : 100 LIFE AMD Work oV " Sir Richard Cartwright has recently stated that the Prime Minister ought to pass into nothingness, but these demonstrations did not indicate such a result. Eight years ago he had himself passed into nothingness, and he was realizing to-day the bitterness of the old axiom that out of nothing, nothing comes." In speaking of the recent Quebec elections, the success of the Nationalists, and Mr. Mercier's promised aid to Mr. Laurier in the coming Dominion contest, he referred — with more bitterness than usually characterized him — to "the blasphemer, Mr. Mercier, and the traitor, Mr. Laurier." It is not unlikely that he afterwards regretted the violence of this language, but the provocation was great, and the people of Ontario only partially realized then, and have forgotten now, the terrific storm of abuse and misrepresent- ation by which Quebec had just been carried for the Local House, and by the continued use of which it was hoped to capture the Dominion. The applause, however, upon this occasion was long and continued. The episode showed, as did a certain reply to Sir Richard Cartwright some years later, that the Minister of Justice could, when he desired, denounce his opponents as vigorously, as he could argue with them skilfully. Immense meetings followed at Orangeville, Orillia, Sunderland, Port Hope, Peterboro', Oobourg, Deseronto, Welland, Essex Centre and Windsor. At Sunderland, on Dec. 1st, Mr. Thompson referred to the name applied by the Globe to the party of speakers, " the Chestnut Combina- tion," as being in a certain sense correct. The successful receptions to different Ministers in New Brunswick, Nova- Scotia and Ontario were, no doubt, becoming unpleasant " chestnuts " to the Liberal organ. " And," said he, " there was another sense in which they might be called a ' chest- nut combination,' and in respect of which they gloried in I^HoN. W. E. Sanfoed, Dominion Venditor- Hon. John A. Boyd. ChdnQellor 0/ Ontario. SIR JOHN THOMPSON. 103 the name. They were able to go from one Province to another, from one town to another, and tell the same story to the people." At Deseronto he joked with the same phrase in a rather effective way : " Why, Mr. Blake him- self repeated but one speech in every part of Nova-Scotia. He dished up chestnuts roasted, chestnuts fried, chestnuts on the hard shell, chestnuts salted down, and reproduced long after they were stale and out of use." Speaking at Peterboro of the good times which followed the depression of 1878, and as an illustration of the general progress under Conservative rule, he said that an old and wealthy Maritime Province man was once asked how he had acquired his money, and replied, " I bought pro- perty when the Liberals were in power : I sold it when the Tories came in." At Welland, Mr. Thompson declared that " Mr. Blake had better confine his attention to the laborious and malignant satire which suited his disposition so very much better than any allusion to facts or figures." At Windsor he once more struck at Mr. Laurier. as one who "justifies murder, pillage and rebellion under the sacred right of resistance. Do not the settlers, the Government officials, the mounted police and the volunteers possess some sacred rights as well as Riel and his associates ? " The closing meetings of the tour were at Lucan, Wingham and Chatham, with a final demonstration at Toronto. For some reason connected with the general campaign, Mr. Thompson was not present in the Queen City on Dec. 21st, but addresses .vore delivered by Sir John and by Messrs. White, Foster and Chapleau. This prolonged tour made the new Minister deservedly popular, though, of course, never in the same sense as was Sir John Macdonald. His proper place was not upon the stump, though in this campaign many things combined to render his speeches exceedingly effective and useful to the 104 LIFE AND WORK OF party. He could be sarcastic, and at times humorous in narrative, though never magnetic with that personal merri- ment which has such influence upon a crowd. He was also much too self-contained and deliberate to arouse large gatherings. Meantime the campaign had been progressing all over the country. Mr. Chapleau had done much to even matters up in Quebec, assisted by the eflForts of Sir Hector Langevin and Sir Adolphe Caron. Sir Hector had finally thrown in his lot with the Ministry, and his work in organization during that time of political uncer- tainty, and amid the loss of party followers and friends, and the smashing of party ties, was of great value. Sir A. P. Caron was always an effective and popular campaigner, and on this occasion he worked like a Trojan. Between them, they managed to hold the balance so that election day showed, instead of the expected Liberal sweep, a representation of about half and half. On the 22nd of February, 18S7, the ballot box settled the destinies of Canada for a few years longer. The Maritime Provinces returned a pretty solid Conservative contigent, Mr. Thompson being elected for Antigonish by a majority of forty over an old-time antagonist in local politics, Mr. Angus McGillivray. Manitoba, the JVorth- West and British Columbia went straight Conservative, and Ontario gave a fair majority. Once more. Sir John Macdonald had appealed successfully to " A weapon that comes down as still As snowflakes fall upon the sod ; But executes a freeman's will As lightning does the will of God." The Riel question was thus disposed of so far as Dominion politics were concerned, but it was already pro- ducing, in the form of Mercierism, many serious evils, of which Sir John Thompson himself did not live to see the end. SIR JOHN THOMPSON. 105 The cessation of party struggles afc home for the time being, now gave the Government an opportunity to deal with the trying and difficult Fisheries' Question. And in writing a number of years after the crucial point had been faced by Canada, Sir Charles Tupper declared that lie only accepted the post of Plenipotentiary to Washing- ton in 1887 upon the condition that he should be accom- panied by the Hon. J. S. D. Thompson as legal adviser. There is no doubt that he very fully apprehended the ■situation, and after sitting for a time in the same Gov- ernment with the Minister of Justice, understood how great the value his wide knowledge and clear grasp of interna- tional law would be in such a connection. It was the revival of the old, old question which had been settled in 1818, settled again in 1871, and re-adjusted by the Halifax Commission of 1877. Through the deliberate abrogation of the Fisheries' Clause of the Washington Treaty by the American Government in 1885, the Canadian Administra- tion had found itself face to face with the alternative of giving the Americans a free hand in the immensly valuable in-shore fisheries of the Dominion, or else of falling back upon the treaty of 1818 which gave full power for the regu- ation and control of foreign fishermen in British waters. The Government had naturally taken the latter course ; made the necessary arrangements for the complete protec- tion of Canadian interests and British subjects within the three mile limit ; and prepared to endure with patience the outburst of American indignation which was of course in- evitable. But unfortunately the United States refused alto- gether to recognize the Canadian construction of the Treaty of 1818; its Government denounced the protective regula- tions as unfriendly and illegal ; its fishing interests clam- oured for action, while their men and vessels proceeded boldly into Canadian waters and did as they liked without regard to 106 LIFE AND WORK OF either law or license. Armed coasting-steamers had been at once despatched to the disputed fishing grounds with orders to capture and carry into the nearest British port any vessel found poaching within British jurisdiction. These orders were freely obeyed, and during the next two years many American vessels were seized, the cases tried by the Cana- dian Maritime Courts, and not infrequently the cargoes and vessels confiscated. More than once there had been colli- sions between c .Kcited crews. More than once bloodshed was only averted by the merest chance, and not infrequently during this perilous period, the possibility of a war between the Empire and the Republic seemed to hang upon trifles light as air. Many were the menaces from the other side of the line. The abrogation of the bonding privilege, the refusal to permit Canadian vessels to enter American ports, the cessation of all commercial intercourse, were each in turn threatened either by the newspapers, by Congress or by the President. Canada, however, stood firmly by what the Government believed to be its rights, and the Minister of Justice was at one with the Minister of Marine and Fisheries in the determination to uphold the legal rights and Maritime interests of the Dominion and of its large fishing population. The result was that on November 15th of this year, a Commission met at Washington to discuss the points at issue and make an attempt at settlement. The British Plenipo- tentiaries were the Rt. Hon. Joseph Chamberlain, M.P., the brilliant and keen-witted English Radical ; the Hon. Lionel Sackville West, British Minister to the United States, and Sir Charles Tupper, G.C.M.G., Canadian Minister of Finance. The American Commissioners were the Hon. Thomas F. Bayard, United States Secretary of State, and Messrs. W. L. Putnam and James B. Angell. With Sir Charles Tupper was associated Mr. Thompson as legal adviser. SIR JOHN THOMPSON. 107 No more fitting appointment could have been made! The Canadian Minister of Justice was closely in touch with the business and lej^al details of the whole question ; he understood thoroughly the views and wishes of his col- leagues ; and the American side of the case was by no means new to him. It is very seldom indeed that a Pleni- potentiary in negotiating a Treaty has the assistance of an acute legal mind which not very many years before had thoroughly mastered the other side of the questions at issue and prepared the brief for the representatives of the country which he was now to meet in discussion. And no doubt Mr. Thompson's acquaintance ten year's previously with American methods at Halifax, had given him an in- sight into the somewhat tortuous paths of American diplo- macy which was useful to even the long experience of Sir Charles Tupper, or the trained intellect of Mr. Chamberlain. So far, however, as Mr. Bayard was concerned, he showed in this case how honourable, straightforward and honest an American statesman can be when he allows himself to rise above the narrow anti-British prejudices of his own envi- ronment. A great deal of discussion and cross-firing of commu- nications between the three Governments concerned,, to- gether with many and diverse comments by the newspapers of the United States, Canada, and Great Britain, followed. From November, 1887, until February, 1888, the negoti- ations were continued ofi" and on. For a prolonged period meetings of the plenipotentiaries and their counsel were held almost daily. It is understood that many able papers were submitted to the British Commissioners upon different questions and phases of the general problem by Mr. Thompson, and that his knowledge and quick perception of technical and legal points were of invaluable service to gir Charles Tupper. And Canadians pf ^he future wheq 108 LIFE AND WORK OF they learn something of the wonderful ability and unique power of mental grasp shown by Mr. Chamberlain upon this occasion, and regarding a subject of which he had naturally known very little before coming to Washington, will indeed regret that Sir John A. Macdonald had not received the same keen appreciation and co-operation from the British Commissioners who helped or hindered him in negotiating the Washington Treaty of 1871. On the 15th of March a Treaty was duly signed. By its terms an International Commission was to be appointed for the decision of the exact limits of Canadian waters, within which by the Treaty of 1818, the United States had renounced for ever all rights as to taking, drying or curing fish. A method of calculating the three marine miles of exclusion was decided upon. Privileges were mutually given as to vessels reporting, entering or clearing for shelter, for repairing damages, for the purchase of wood or the ob- taining of water. Such vessels were relieved of compulsory pilotage and of harbour and other dues. Vessels under stress of weather or accident were to be allowed to unload, reload, tranship or sell all fish on board, subject to customs' regulations, when such action might be necessary as inci- dental to repairs. Full privilege was given for the replen- ishing of outfits, supplies, etc., when damaged or lost by disaster. Reciprocity was promised by Canada whenever the United States should remove the duty from fish, fish- oil and other produce of the fisheries of the Dominion. Upon this step being taken United States' fishing vessels were to be given annual licenses free of charge for the fol- lowing purposes : I. The purchase of provisions, bait, ice, seines, lines and all other supplies and outfits. II. Transhipment of catch, for transport by any means of conveyance. III. Shipping of crews. sift John Thompson. 109 Such was the Treaty finally made, in which, of course, Newfoundland was included. And in order to show inter- national friendliness and prevent any possible friction before the ratification of the Treaty, Canada offered the United States a most favourable innodus vivendi or tempo- rary arrangement. This was accepted, and all seemed to be well at last in this most troublesome of disputes. In presenting it to Congress on February 20th, President Cleveland declared that " the Treaty meets my approval because I believe that it supplies a satisfactory, practical and final adjustment, upon a basis honourable and just to both parties, of the difficult and vexed question to which it relates." And in speaking of the tnodus vivendi which had been offered by the British plenipotentiaries, he said that it appeared to have been " dictated by a friendly and amicable spirit." On the 2nd of March a banquet was given Mr. Cham- berlain in New York by the Canadian Club and its Pres- ident, Mr. Erastus Wiman. In his speech the distinguished English statesman pointed out the difficulties which the Commissioners had encountered, and declared that they had left the Treaty " to the calm and sober judgment, to the common sense and reason, and above all to the friendly feeling of the peoples of both countries." He gave a brief sketch of its terms and of the concessions made on either side; spoke strongly regarding the absolute justice and fairness of the Canadian policy in the whole affair; and concluded with an appeal to the United States Senate to accept the settlement. After a visit to Canada and a most eloquent address in Toronto, Mr. Chamberlain returned to England, and in a speech at Birmingham Bhortly after his arrival, declared that " the Canadian Government and its representatives were desirous of terminating a state of irritation, dangerous in its pos- 110 LIFE AND WOKK OF sible consequences, which had existed for a considerable time. They. were quite willing to surrender the strict interpretation of their rights, and extreme contentions, and to deal with the matters submitted in a spirit of equity, and with the anxious hope of promoting neighbourly intercourse." A little later Mr. Bayard wrote that "Conciliation and mutual neighbourly concession have together done their honourable and honesb work in this treaty, and have paved the way for relations of amity and mutual advantage." In the beginning of April the measure came before the Canadian Parliament for ratification. Mr. L. H. Davies delivered a speech of general denunciation, and was followed by Mr. Thompson, who referred to the onslaught made upon; the Treaty by the Liberal party and then to the equally strong claim of the Republicans on the other side of the line, that the interests of the United States were sacrificed in the arrangement : — " The enemies of the Administration, the enemies of this Treaty, the enemies of Canada, have been ringing the changes which he (Mr. l)a'vies) has reversed here to-night." The Minister of Justice proceeded first to speak of the Fisheries as Canada's most valuable possession, and one that would as the years I rolled by steadily increase in value; and then defended the Canadian interpretation of the Treaty of 1818 — " It was always assumed, even in the courts of law, that the enter- ing of an American fishing vessel in defiance of a treaty would result in the forfeiture of the vessel and her cargo, and we were only putting on the statute book in 1886 what had been the view of the law acted on from the earliest times, with the exception that the seizures in earlier times were by British vessels of war, and that lately they have been made by Canadian revenue cutters." It had not been, he declared, an " anti-civilized policy," Hon. a. R. Angers, Senator. Minister of Agriculture. Hon. J. A. Ouimet, M.P. Minister of Public Works. SIR JOHN THOMPSON. 113 as the Liberals had called it, but one of proper protection of Canadian interests, and one which the United States carried out to a far greater degree in its own ports and harbours. " I support this Treaty," he added, " because it contains fair concessions on the part of Canada and fair and liberal concessions on the part of the United States." He then pointed out that Nova-Scotian fishermen did not particularly want a treaty — so long, in fact, as their inshore fisheries were protected they did not care about it at all. " The only necessity that existed for one was the fact that our neighbors alongside of us were dissatisfied with the construction which we put on the Treaty of 1818." And then came an eloquent peroration : " If the Govern- ment had not protected the fisheries as they have, with vigilance and with strictness, instead of occupying the proud position we occupy to-day, we should have had no treaty on the Table ; we should have had no concessions to make ; we should have received no concessions in return ; our fishermen would not have fared as well as they have during the past few years; our fisheries would . not have been as valuable as they are to-day, and neither the United States nor any other country would have thought it worth their while to go through the solemnities of negotiating and making a treaty in regard to fisheries which the owners thought so little of that they did not take the trouble to administer the laws of their own country for their protec- tion." The Treaty finally passed the House of Commons with- out amendment and without a vote being taken. In the month of August following, however, the American Senate, actuated by considerations of demagoguery and unfriendli- ness, very far removed from the spirit of conciliation and good will to which Mr. Chamberlain had appealed, sum- marily threw out the whole arrangement. President Cleve- 8 114 LtFE AND WORK OF land then issued his remarkable Message, dated the 23rd of August, in which he declared his belief that " the treaty just rejected was well suited to the -exigency and its provi- sions were adequate for our security in the future and for the promotion of friendly intimacy without sacrificing our national pride and dignity." And then, in the teeth of all honour, friendliness and common sense, he recommends " a policy of national retaliation," one which " manifestly em- braces the infliction of the greatest harm upon those who have injured us, with the least possible damage to ourselves"! " I recommend," he continued, "immediate legislative action conferring upon the Executive the power to suspend by proclamation the operation of all laws and regulations per- mitting the transit of goods, wares, and merchandize in bond, across or over the territory of the United States, to or from Canada." Needless to say no overt action followed this extraor- dinary message. The President was given the authority desired but never used it : the ensuing election swept him fiom the power which he had hoped to strengthen by this very means ; and the Canadian Government fell back once more upon its own regulations for the care of its fisheries. But it was not the fault of Canada or England that this measure of peace and conciliation had been refused. It was not the fault of the able negotiators who had spent time and labour in its preparation. It was the strength of that anti-British element in the United States to which even a President with the strong will, clear intellect, and vigorous convictions of Mr. Grover Cleveland, found it necessary to bow and to oflfer sacrifice, as did the men of old before Moloch. On the 11th of September the work done by Mr. J. S. D. Thompson was rewarded by Her Majesty the Queen with a Knight Commandership of the distinguished order SIR JOHN THOMPSON. 115 of St. Michael and St. George, bestowed "in recognition of his eminent services on the Commission." He accepted it \\ ith that loyal appreciation which is a natural accompani- ment of true modesty and genuine ability. It is said that on the morning Mr. Thompson was apprised of the honour conferred upon him, Sir John Macdonald put his head into the room of the Minister of Justice and enquired : " How is Sir John this morning ?" " You ought to be best able to answer that question," replied Sir John Thompson, forget- ting for the moment his new designation. This mark of distinction was most fully approved by the Canadian press, and the Montreal Gazette, in the following comment, pretty well voiced public opinion : " Though but a young man, in Dominion politics, Sir John Thompson has won a foremost place among the coun- try's public men. As Minister of Justice it has been his duty to act in a number of cases calling for the greatest legal skill and the surest judgment, and in all he has acquitted himself with honour, even when in opposition to so powerful a legal authority as Mr. Blake." And a Par- liamentary question was now about to darken the political horizon which would require all the skill and ability pos- sessed by the Minister of Justice, and which was destined to leave its mark upon the remaining years of his public life. 116 LIFE AND WORK OF CHAPTER VII. The Jesuits' Estates Act. The action of the Dominion Government in the case of Riel, had stirred to a white heat the prejudices of ultra Catholics in the Province of Quebec. Its refusal to disallow the Jesuits' Estates Act was now destined to have a similar effect upon the ultra Protestants of the Province of Ontario. The ablest defence of the refusal to pander to the sectarian elements of French-speaking Canada, had been made by Mr. John S. D. Thompson. And his great deliverance during the debate upon Colonel O'Brien's famous motion, defended up to the hilt the Government's policy of refusal to interfere with the Provincial legislation of Quebec, at the dictation of the sectarian elements in English-speaking Canada. By the first speech the Minister of Justice made his reputation. By the second he confirmed and enhanced it. And curiously enough, they were each made upon opposite sides of the semi-religious issue which has more than once threatened the Dominion with serious disaster. In connection with this Jesuits' Estates question there seemed to be combined nearly every element which could embarrass a Government, provoke ill-will between the Pro- vinces, raise sectarian issues, and make the action of the Dominion Ministry unpopular whichever line it might ultimately take. The Premier of Quebec, who had planned and passed the legislation, was intensely unpopular in Ontario and other Provinces, because of his speeches during the Riel agitation. The preamble to the Bill as carried through the Parliament of Quebec was exceedingly oflfensive SIR JOHN THOMPSON. 117 in Its terms to a great majority of Protestants. The measure itself seemed to be specially adapted to misrepre- sentation and to the uses of those who might and did believe in all honesty that Roman Catholicism was advanc- ing its influence and power to a dangerous degree through- out the Dominion of Canada. And, although it is a delicate matter to refer to, there can be no doubt that the personal position of the Minister of Justice, as a converted member of that great church, was freely used to enhance this injurious sentiment. The first stages in the history of the affair did not indicate any serious trouble. On the 3rd of July, 1888, a Bill for the settlement of the long-standing dispute between the Jesuits, the Clergy of the Roman Catholic Church, and the Province of Quebec, was passed without opposition or protest through the Lower House of the Quebec Legislature. It passed the Upper House also without opposition, and in due course was assented to by the Lieut. -Governor and became law, subject within a certain period to disallowance by the Dominion authorities should the legislation be con- sidered unconstitutional or dangerous to the interests of the country as a whole. At first there was neither opposi- tion nor serious criticism. With the exception of the Huntingdon Gleaner, not a paper in Quebec discussed the matter from a hostile standpoint, and the Protestant Com- mittee of Public Instruction quietly accepted the promise of $60,000, included in the measure. Mr. Mercier was therefore justified in concluding while the Bill was before the Legislature that there could be no very strong feeling against the proposal in the Province interested. Indeed the Hon. Mr. Lynch, a Protestant representative, declared during the passage of the measure, that " there was noth- ing in it alarming in character." The Hon. Mr. Starnes, in the Legislative Council, said 118 LIFE AND WORK OF that " Protestants and Catholics ought to be satisfied with the manner in which the question is now settled." The Hon. David Ross, declared that " we had to deal with a question of justice and I gave it my support. The Pro- testants whom I represent in the Cabinet are well satisfied with the settlement." None the less however, Mr. Mereier was necessarily well aware of the ultimate result of such legislation, especially when the introductory portion of the Bill was worded in a way so peculiarly offensive to large elements of the national population. He supplied the pro- vocation, and it is hardly unjust in view of his previous and subsequent record, to surmise that he did it deliberately, knowing the advantage which a sectarian agitation in Ontario would be to his own political position in Quebec. The origin of the question was simple enough. Stripped of all technicalities and complex developments, it seems that in 1791 the King of Great Britain issued a proclama- tion suppressing the Order of the Jesuits in Canada, but leaving them the use of their estates so long as those who were then members should remain alive. In 1800 the last Jesuit died and the properties, it was claimed, were escheated to the Crown. But in cases of escheat a liberal proportion is generally appropriated to the carrying out of the intention of the donors, or to indemnifying those who morally may consider themselves entitled to it. And the re-instatement of the Jesuits at a later period, together with their incorporation, gave them this moral right— such as it was. Meanwhile through the suppression for a time of the Order by the Pope, it was also claimed that the estates instead of reverting to the Crown, passed to the dioceses in which they were placed. Hence the claims of the Quebec Bishops and a situation generally, which for a long period either precluded the sale of the lands by the Government or very seriously hampered its action in dealing with them. SIB JOHN THOMPSON. 119 At every step it was met by protests from the united hierarchy of Quebec demanding that the lands should not be diverted from the charitable and religious purposes to which they had been originally devoted, in some cases by private donors, in others by grants from the French King. Under these conditions, and it must be remembered in a Catholic Province, several Governments had attempted to adjust the question but without success, because they did not like to negotiate upon the fact that there was only one authority whom the Jesuits and the Bishops as branches of the same church, could each recognize as an arbiter, and as having the moral power to act for them in the settlement of the dispute. By the calling in of the Pope, Mr. Mercier solved the problem, but by the way in which it was done, he created a storm in Ontario which it has taken years to calm. Summed up in a few words the head of the Koman Catholic . Church consented to perform the part of an arbiter, and appointed the Archbishop of Quebec to act as his attorney in the matter. This latter arrangement was afterwards can- celled, and in a letter dated May 7th, 1887, which was freely used in the subsequent Ontario campaign, the Pope states that he has " reserved to himself " the right to settle the question. That is to say, he reserved to himself the author- ity previously given to the archbishop. Without, however, going into the matter further at this stage, it seems clear that the business arrangement was not in itself as bad as it has been depicted. The Quebec Premier claimed that some settlement was absolutely necessary ; that the Pope was the only authority recognized in a church dispute by the two religious bodies in question; and that the $400,000 was made by his intervention a full, legal settlement of claims aggregating $2,000,000. Nevertheless the in- troduction of his preamble into the bill and some of the 120 LIFE AND WORK OF correspondence itself, was a gross illustration of political de- magogism and a dangerous menace to the good-feeling in Ontario which had survived the ebullition of fanaticism of a couple of years before in Quebec itself. There could be no doubt about the sentiment which the publication of the bill speedily aroused in many sections of the Upper Province. Aggressive Protestantism was stirred up ; Orange Lodges passed denunciatory resolutions ; the Mail renewed its vigorous and able but unjust and un- wise attacks, upon Quebec and the great religious institu- tions of that Province ; the Jesuits were painted in the blackest shades which tongue and pen could produce ; and Equal Rights and Disallowance became the cries of the hour. Though this ebullition of strong and sincere senti- ment was confined to a limited number of the people it had the usual effect elsewhere. Extremes in one direction are almost sure to produce the opposite extreme. The Protes- tants of Quebec therefore commenced to think themselves aggrieved and a section of them began to agitate and pass resolutions which served to fan the flame in Ontario. The unwise language which is always used in sectarian disputes stirred up both sides to the controversy and very soon the French-Canadian press was denouncing the fanaticism of the Upper Province in language very like that used by many Ontario papers during the Riel discussion. This then was the position of affairs which Sir John Thompson had to face before the country, and in the great Parliamentary debate which soon became imminent. With the forgetfulness of his stand in the Riel matter, which always characterises a busy public, he was looked upon by ultra Protestants as the central figure in a great drama of surrender to the mandates of the Church which he was known to regard with such devotion. It did not seem to occur to many of them, although the great mass of enlight- Hon. Robert Sedgewick', Puisne Judge Supreme Court of Canada. Hon. Geokge E. King, Puisne Judge Supreme Court of Canada, Formerly Premier of New Brunswick. SIR JOHN THOMPSON, 123 ened Canadians believed otherwise, that a statesman could be a Roman Catholic and at the same time a patriotic citizen. If Sir John Thompson's career had served no other purpose than to dispel such bigoted and dangerous views he would not have lived in vain. On February 13th, 1889, the first mutterings of the coming Parliamentary conflict were heard, as Mr. J. A. Barron, Q.C., rose from his place in the House of Commons to ask five questions regarding the consideration which the Jesuits' Estates Act had received from the Dominion Government. Sir John Thompson's reply was character- istically precise and complete : " The answer to the first question of the hon. gentle- man is that the Act referred to has been before the Government for their consideration ; to the second question, that the Minister of Justice reported on the Act to His Excellency the Governor-General on the 16th January last; to the third question, that the Minister of Justice reported that the Act in question, together with the 112 other Acts passed at the same session of the Quebec Legislature, should be left to its operation ; to the fourth question, that the report of the Minister of Justice was approved on the 19th January, 18S9, and the result was at once communi- cated to the Government of Quebec ; to the fifth question, that the Acts of the Legislature of Quebec for the session of 188S were received by the Secretary of State on the 8th August." This statement set at rest all speculation as to the course the Government intended to pursue, but it opened the flood-gates of sectarian agitation and made the Minister of Justice the theme of much fiery denunciation and eloquent invective. The Rev. Dr. Douglas, Bishop Carman, Canon DuMoulin, Principal Caven, Mr. James L. Hughes, and many others, denounced the action or inaction of the 124 LIFE AND WORK OF Ministry in permitting the , Act to go into operation. Great mass meetings were held in Toronto and elsewhere ; and Mr. D'Aiton McCarthy was urged to become the Pro- testant champion and to take the field againsb those who were willing — it was claimed — to sacrifice religion upon the altar of political expediency. Finally, after many rumours, and amid great political purturbation, Lieut. Colonel William E. O'Brien moved the following resolution in the House on March 26th : " That an humble address be presented to His Excel- lency the Governor- General setting forth : I. That this House regards the power of disallowing the Acts of the Legislative Assemblies of the Provinces, vestjd in His Excellency in Council, as a prerogative essential to the national existence of the Dominion : IL That this great power, while it should never be wantonly exercised, should be fearlessly used for the protection of the rights of a minority, for the preservation of the fundamental principles of the Constitution, and for safe-guarding the general interests of the people : III. That in the opinion of this House, the passage by the Legislature of the Province of Quebec of the Act entitled ' A.n Act respecting the settle- ment of the Jesuits' Estates,' is beyond the power of that Legislature. Firstly, because it endows from public funds a religious organization, thereby violating the undoubted constitutional principle of the complete separation of Church and State, and of the absolute equality of all denominations before the law. Secondly, because it recog- nizes the usurpation of a right by a foreign authority, namely. His Holiness the Pope of Rome, to claim that his consent was necessary to empower the Provincial Legisla- ture to dispose of a portion of the public domain, and also because the Act is made to depend upon the will, and the appropriation of the grant thereby made as subject to the SIR JOHN THOMPSON. 125 control, of the same authority. And, thirdly, because the endowment of the Society of Jesus, an alien, secret and politico-religious body, the expulsion of which from every Christian community wherein it has had a footing has been rendered necessary by its intolerant and mischievous intermeddling with the functions of civil government, is fraught with danger to the civil and religious liberties of the people of Canada. And this House, therefore, prays that His Excellency ^will be graciously pleased to disallow the said Act." Such was the famous motion which precipitated an able, but somewhat violent, debate in Parliament, and still further promoted the sectarian agitation in the couutry generally. It was skilfully worded, and was intended to ' obtain the support of all who believed in limited Provincial powers; of all who disliked or dreaded Roman Catholicism ; of all who shared in the popular prejudice against the Papal spiritual and temporal power, and against the Jesuit body. Colonel O'Brien delivered a speech which in ability and eloquence surprised the House. He gave the lead, however, in a direction which was very generally followed by his supporters in debate, and endeavoured to hold up the Jesuits to popular execration. He admitted the hard- ships, trials and sufferings they had endured in attempting to convert and civilize the Indians of early Canadian days, but would admit no good points in their work or history in any other country. Reference was made to the glaring difference between this grant of money by Quebec to a religious body, and the abolition of the Clergy Reserves in Ontario, in order that perfect religious equality might prevail. In dealing with the Pope's exercise of his moral authority over the parties to the dispute, he quoted from the instructions given to Governor Murray in 1762 : " You 126 LIFE AND WORK OF are not to admit of any ecclesiastical jurisdiction of the See of Rome," and of those in which Governor Carleton is reminded in 1776, " That all appeals to, or correspondence with, any foreign ecclesiastical jurisdiction is absolutely forbidden under very severe penalties." The subsequent relaxation of restrictions was claimed to be simply tolera- tion, and not the giving of any legal right. A Jesuit was described as " a being abnormal in his conditions ; he has no family ties, no home nor country. He is subject abso- lutely to the will of his superior. Such a system, such an order, being subject to an irresponsible power, must be dangerous, as it always has been dangerous, to every com- munity in which it has existed." Mr. Rykert followed in a somewhat vigorous defence of the Jesuits, by quotations from Macaulay, Parkman, and others. Perhaps the most important part of his address was the following extract from a letter written by the Very Eev. Principal Grant, of Queen's University, Kings- ton: "If the matter was to be settled at all, let us remember that the great majority of the people of Quebec are Roman Catholics. I do not see what else Mr. Mercier could have done than require the sanction of the Pope to ihe bargain. Tt may seem astonishing to Protestants that Roman Catholics should acknowledge a man living in Rome as the head of their Church. But they do. Protestants must accept that fact in the same spirit in which all facts should be accepted." The delicate satire of the last sentence or two is simply inimitible. Mr. Rykert also referred to the Pope's interference in Irish matters, solicited, as it was upon more than one occasion, by the British Government, and notably, to his denunciation of the Plan of Campaign. Mr. Barron went back to the days of Elizabeth, to statutes passed regarding foreign potentates and prelates at a time when England had been in serious danger from SIR JOHN THOMPSON. 12/ the attempted invasion of Philip of Spain. He claimed that the Act of Supremacy remained as much a living force in the Canada of 1888 as it had been in the England of 1554, and quoted Todd in support of his contention. He also instanced the Royal instructions to the Duke of Richmond when appointed Governor of the Canadas in 1818, and in reference to the people of Quebec : " It is a toleration of the free exercise of the religion of the Church of Rome only, to which they are entitled, but not to the powers and privileges of an established Church. . . . Ft is our will and pleasure that all appeals to a correspon- ■ dence with any foreign ecclesiastical jurisdiction, of what nature or kind soever, be absolutely forbidden under very severe penalties." He claimed that the Jesuits' Estates Act was an usurpation of the right to make denominational grants, which had never yet been allowed a Province ; and strongly denounced the Incorporation of the Jesuits in Quebec in 1887. Mr. C. C. Colby, of Montreal, afterwards for a short time a member of the Government, made an eloquent and effective appeal for moderation and toleration. He referred to the many instances of it in Quebec, where for some time the Hon. H. G. Joly de Lotbiniere, a Protestant, had been Premier and the representative of a Catholic constituency ; where the Hon. J. G. Robertson, " a good old orthodox Presbyterian," had for years been Provincial Treasurer under the Conservative regimd ; where even at the time of speaking two Provincial Ministers out of seven were Protestants. Not long before, Cardinal Taschereau had presided over a mixed meeting, held for the advancement of temperance. And, in concluding, he expressed very strongly his opinions as a Protestant along lines which will be interesting to many in these times of unrest : " The Roman Catholic Church — I will not speak of it 128 LIFE AND WORK OP as a religious body — I look upon from a political stand- point as one of the strongest, if not the strongest, bulwark we have in our country against what I conceive to be the most dangerous element abroad in the earth to-day. The Roman Catholic Church recognizes the supremacy of authority ; it teaches observance to law ; it teaches respect for the good order and constituted authorities of society. It does that, and there is need of such teaching ; for the most dangerous enemy abroad to-day in this land and on this continent is a spirit of infidelity ; is a spirit of anarchy which has no respect for any institution, human or divine ; which seeks to drag down all constituted authorities, emperors, kiags, presidents, from their seats, the Almighty from the throne of the universe, and to lift up the Goddess of Reason to the place of highest authority." The Hon. Peter Mitchell then spoke briefly, and was followed by Mr. D' Alton McCarthy. It is impossible to do justice here to the able effort of the Equal Rights leader. He was forcible, and sometimes, in view of the manifest unpopularity of his position so far as the House and its members were concerned, became almost bitter. And it would have been impossible to have denounced any body of men more strongly than he did the Jesuit organization. Mr. McCarthy, in commencing, claimed that he should have been allowed the privilege of a reply to some one of the Ministers, and evidently did not like the idea of being followed by Sir John Thompson without previously know- ing the lines of Ministerial defence. He was, however, unwilling to let the occasion go by without explaining his reason for having to separate himself from "the political friends with whom it has been my pride and pleasure to act up to this time." He then went into the history of the Jesuit claims, and of the limits of religious toleration and privilege accorded by the British Government from the Hon. Louis H. Davies, Q.C. M.P., Formerly Premier of P. M. Island. Kev. Dr. Carman. General Superintendent 0/ the Methodist Church of Canada. SIR JOHN THOMPSON. 131 • days of the cession to the present time. Lengthy quota- tions from various sources were given to show tliat tinally the estates in question were surrendered by the Urown to the Province for educational purposes and nothing else. But there were other grounds. " I say," declared Mr. McCarthy, " that either this A.ct is unconstitutional, that it is ultra vires of the Province, that it ought to have been disallowed upon that ground, because it violates a funda- mental principal of this couutry that all religions are free and equal before the law ; or, if that be not so as a legal proposition, then. Sir, I claim that there should have been exercised that judgment, that discretion, that policy, which would at once stamp out, in whatever Province it reared its head, the attempt which has been made to establish a kind of State Church amongst us." Mr. McCarthy took his seat after a speech which those who heard it could not but ad- mire, even while many of them disliked the speaker and had at every opportunity passionately denounced his views. It was a. clear and cutting arraignment of the Government and the Opposition alike, and it made him immensely popular wifh the element in the country which had been recently stirred up to boiling point by various religious cries. Sir John Thopipson had a most difficult duty to per- form in his reply, and that he was brilliantly successful from the logical and constitutional standpoint was after- wards almost generally admitted. In making his first great speech in the House he had been obliged to win his way to success over an audience to which his personality was un- known and against an antagonist whose place was thought too great and secure for successful attack. Upon this second occasion he had to face the bitter prejudice which only reli- gious differences can arouse, and which is often none the less real because it is concealed beneath a nominal support 132 LIFE aUd Work of and even a favourable speech or vote. lie fully recognized also, the gulf which it v^rould place for the time being be- tween himself and many of the people, by saying in a few introductory remarks that he would have to speak " under a sense of the fact that with one large portion of the people of Canada nothing that I can say will be satisfactory, and that with another, and I hope the greater portion, no de- fence of the Government is necessary." But as in the Kiel question, he did what he thought his duty and no man can do more. The Minister of Justice began by pointing out in refer- ence to Mr. McCarthy's charge of unfairness, that it was the place of the ministry, and especially of himself, as the minister most largely responsible, to hear the charges that were to be brought before making a reply. He compli- mented the member for Simcoe upon his " admirable ad- dress," and then p6inted out that Mr. McCarthy, in a three hours' speech, had presented a 'very learned and complete case for the purpose of " proving that the Jesuits of Quebec had lost their title to the estates in question — a fact which is admitted in the preamble to the Act." He analyzed the Treaty of 1763, and summed up its provisions and their relation to the Act of Supremacy as follows : — " Obviously His Britannic Majesty (in granting the liberty of the Cath- olic religion to the inhabitants of Canada) meant that there should be perfect freedom of worship in the newly ceded country, subject only to the legislation which might be made upon this subject from time to time by the Parlia- ment of Great Britain, certainly not that it was subject then to the laws as regards freedom of worship in Great Britain ; for let me remind the House that instead of there being any such freedom at that time, the exercise of the Roman Catholic religion then amounted to the crime of high treason ; and no dissenter under the risk of beino- im- prisoned, could enter a conventicle or a meeting-house." SIR JOHN THOMPSON. 133 Sir John then proceeded to summarize the correspon- dence between Mr. Mercier and the Pope, and pointed out that the latter'a intervention really only consisted of a mediator's part between two rival claimants who acknow- ledged his moral, spiritual and legal authority in any mat- ter pertaining to the church, and that his " consent " to the Quebec Government retaining the proceeds of the sales of disputed property, was merely on behalf of the two other claimants and subject to a future settlement of the ques- tion. And then he hit at Mr. McCarthy's religious refer- ences and the abuse of the Jesuits which had been introduced into the debate, by a remark regarding "the theological questions which my honourable friend from Simcoe and I are to join issue on, with a view to the House passing judg- ment as to which is the better theologian forsooth, and as to whose advice on the su' ject of theology His Excellency the Governor-General, as the supreme theologian, is to take." He pointed out as a matter of business in this transaction, that the Premier of Quebec had stipulated that before the Province should be asked to pay over one dollar of the money, it should have a conveyance of all rights and titles, legal and moral, to the disputed lands; in the lirst place from the Society of Jesus, in the second place from the Pope himself, and in the third place from the Sacred Col- lege of the Propaganda and the Roman Catholic Church in general. Sir John Thompson did not attempt, nor did he desire, to defend the manner in which the preamble was drawn up, or the loose way in which the correspondence had been carried on, and in which a power seemed to be recognized that did not really exist. But he did point out that all further claims in this connection were made impossible by the terms of the arrangement. And he also declared that in the history of the scores of Canadian Statutes disallowed 134 LIFE AND WOKK OF in the Mother-Country, there v/as not one instance of a pre- amble to a bill beino^ considered a reason for su'h action. As to the supremacy of the Queen which Mr. McCarthy had just proclaimed "with gravity and force and elo- quence " to be seriously undermined by the Act, Sir John observed : " It does not, I submit place the public money of the Province at the disposal of a foreigner ; it sets asid& a sum of money for the extinguishment of a claim upon the public property of Quebec, and then calls upon those who are litigants in regard to it, to abide by the decision of their arbitrator in the matter. ... In the ordinary course, it (the $400,000) would be paid to one of the claimants on the property ; but as there happen to be two, it is paid in the hands, or held subject to the order of, the person who has to settle disputes between them." Upon the subject of Provincial powers in legislation the Minister of Justice spoke with no uncertain sound. " I say that within the limits of its authority and subject only to the power of disallowance, a Provincial Legislature is as absolute as is the Imperial Parliament itself." He pointed out that thirty-seven years before— in 1852 — the Parliament of Canada had actually incorporated St. Mary's College, Montreal, a body of the Jesuits, and that the division list on that occasion showed in favour of the action 29 Protestants and 27 Catholics. He referred to Stoney- hurst and other great Jesuit institutions in the England of to day as showing what a dead letter the old religious laws of Elizabeth had become, and pointed out that not only had the Jesuits been* incorporated by the Quebec Legislature in 1887, but that the whole body had been incorporated by the Dominion .Parliament- in 1871. He claimed that a society of teachers and preacli- ers is not a church, and that money paid to the Jesuits could not, therefore, be the endowment of a Church. And SIR JOHN THOMPSON. 135 in conclusion he declared with emphasis and earnest- ness that " whenever we touch these delicate and difficult questions, which are in any way connected with the senti- ments of religion, or of race, or of education, there are two principles which it is absolutely necessary to maintain, for the sake of the living together of the different members of this Confederation, for the sake of the preservation of the Federal power, for the sake of the good- will, and kindly charity of all our people towards each other, and for the sake of the prospects of making a nation, as we can only do by living in harmony and ignoring those differences which used to be considered fundamental; these two piinci- ples surely must prevail, that as regards theological ques- tions the State must have nothing to do with them, and that as regards the control which the Federal power can exercise over Provincial Legislatures in matters touching the freedom of its people, the religion of its people, the appropriations of its people, or the sentiments of its people, no section of this country, whether it be the great Province of Quebec or the humblest and smallest Province of this country, can be governed according to the fashion of 300 years ago.' Mr. Alex. McNeill, the Hon. David Mills, Mr. Charlton, Mr. Mulock, Mr. Scriver, the Hon. Mr. Laurier, Sir John A. Maedonald, and Sir Richard Cartwright followed, and upon a division, the attitude of the Government as well as the view taken by the Minister of Justice, was endorsed by a non-partisan vote of 188 to 13. The speech of Sir John Thompson had been a magnificant success. At its close Mr. Edward Blake crossed the floor of the House, and amidst general applause congratulated him upon what had undoubtedly been his greatest effort in Parliament. As an argument of sustained power, delivered by a brilliant lawyer with all the " cold neutrality " of an impartial judgo, 136 LIFE AND WORK OF it will remain a monument of oratorical and legal ability. From a party standpoint there was perhaps one blemish upon its success. A defence of the Jesuits was hardly required from the Minister of Justice, and no matter how strongly he might have felt, as was undoubtedly the case, that they were grossly misrepresented, it was unnecessary and under the stormy circumstances of the moment, worse than useless, for him to try and change the popular preju- dice of Ontario and other Provinces. But none the less was the action admirable, and it can only be properly appreciated by the supposition that at some critical moment in the future political development of Quebec, a Protestant member of the Government there should feel it his duty at whatever risk to his personal popularity, to defend some branch of his church from a long sustained and powerful attack made on historic grounds. The Toronto Mail, of course, denounced the Minister of Justice and his speech with great vigour ; the Globe declared it to be " a combination of masterpieces. . . . In part a masterpiece of reasoning, in part a mas- terpiece of casuistry, and on the whole a masterpiece of audacity." Sir John Thompson was in fact singled out for most of the attacks wliJcli marked the ensuing Equal (licrbts campaign. Hon. John G. Haggabt, M.P. Minister of MuUivxys aiid Canals. / .^^. 4^» • :: ^^, . ^, **• ^^t " ■^''-■14 ^■E^ ^C^K- B^^Hfe ^E ^^v^^B^ ^8 Hon. J. J. CrRRAN, Q.C., M.P., Solicitor-General of Canada. SIR JOHN THOMPSON. 139 CHAPTER VIII. Equal Rights, the Fisiieiues and the Fuench Language. The phenomenal majority given by Parliament to the Government in connection with the Jesuits' Estates ques- tion, proved to have by no means silenced the agitation. Both political parties had hoped it would have that re.sult, and both were sincerely anxious to get rid of the question before the general elections should loom upon the horizon. But religious sentiment had been aroused ; racial prejudices had been stirred up ; and just as it had been impossible to control the storm in Quebec over the execution of Louis Riel, so now it was found impossible to check the anti- Jesuit agitation in Ontario until it had run its course. On the very day that Colonel O'Brien's resolution was proposed in the House of Commons, a mass meeting had been held in the Pavilion at Toronto, with Mr. W. H. Howland as Chairman. The Jesuits' Estates Act was condemned in no measured language, and the speeches of men like Rev. D. J. Macdonell, Mr. J. J. McLaren, Q.C., Principal Caven, and others, were fervent and denunciatory. The last motion was proposed by Mr. J. L. Hughes, and appointed a Committee to extend the movement throughout the Dominion against all who had supported or condoned the legislation in question. This was the beginning, of the Equal Rights Association of a few months later. On April 22nd another large meeting was held in the Granite Rink in Toronto, and resolutions of approval and congratulation were tendered tg the " noble thirteen," who had, as the 140 LIFK AND WOEK OF plu-ase of the moment put it, stood up for civil and religious liberty, for the people against the politicians, for true British liberty, and against any union of Church and State. Mr. McCarthy delivered the principal address and accused the Minister of Justice of having adroitly mixed up the divisions of the question so as to create confusion in the minds of the people. " He had been perfectly amazed at the speech of the Minister of Justice. He had heard speeches in which the hairs were split very freely, but he had never heard any arguments more specious, misleading, and, at the same time, so captivating, as those used by the Minister of Justice." In accordance with an address issued by the Citizen's Committee to the people of Ontario and an approving resolution passed at this meeting, a Provincial Convention was held in Toronto on June 11th and 12th. It was largely attended and very enthusiastic. The Equal Rights Asso- ciation was duly organized, with influential officers, and with Mr. McCarthy as the Parliamentary leader and the real chief. Meanwhile action had been taken in Moatreal by Mr. Hugh Grfiham, who petitioned the Governor- General to refer to the Supreme Court of Canada for hear- ing and consideration an inquiry as to the constitution- ality of the Incorporation Act and the Jesuits' Estates Act. This was sent to the Minister of Justice for advice, and eventually the request was refused. A most able State paper was published in August, giving Sir John Thomp- son's reasons for recommending His Excellency not to grant the appeal. It was an exhaustive document, both in its wealth of legal learning and in the number of precedents produced. His reasons were apparently very strong, and may be concisely summarized : I. The petitioner was duly represented in the legisla- SlU JuUN THOMPSON'. 141 ture by which these enactments wore adopted, and his representatives there seem to have concurred in the adop- tion of both these statutes almost with unanimity. II. He had the right of petition and remonstrance against the adoption of both these enactments, but does not appear to have used it. III. Ample opportunity was afforded for such pro- tests or petitions as are now being made, before the Lieut.- Governor of Quebec was informed that the Acts respectively would be left to their operation. There was an interval of several months which was not taken advantage of in any way, and Mr. Graham's petition was not presented until by lapse of time in the case of the Incorporation Act, as well as by the obligations of public faith and honour in regard to both of them, it had ceased to be in the Governor- General's power to interfere with their operation. IV. The petitioner still possessed the opportunity of calling the attention of his Provincial Government to the desirability that the statutes referred to should not be acted upon by the transfer of the public money and pro- perty being completed. V. The petitioner also possessed the right to call upon the Attorney- General of his Province to take legal proceedings, in accordance with the law of Quebec, to test the validity of the Act of Incorporation. " If that Act should be decided to be invalid and unconstitutional, there can be little doubt that the second Act will be nugatory, as the grant of money and land which the second Act authorizes is, by its terms, to be made to the corporation, established by the Incorporation Act." Here was an opening for action pointed out with distinctness by the Minister of Justice himself. Had Mr. Graham and his friends taken the course indicated, it would have been a turning of the tables indeed upon Mr. 142 LIFE AND WoKK of Mercier and his Mi istry, but the idea was not followed up. The object of too many of the Equal Rights advocates in both Provinces seemed from the beginning to be the embarassment of the Dominion Government, and not the genuine pursuit of equal laws and equal privileges as between race and race, religion and religion. Later on in Ontai-io, as Mr. McCarthy has so bitterly complained, this was indicated by the partisan conduct of Mr. Charlton and Principal Caven in the Local elections of 1 890. Sir John Thompson summed up his advice to the Governor-General in the following words : " The Acts referred to in the petition relate only to the Province of Quebec. They do not conflict in any degree with the powers of the Parliament of Canada, or with the rights and powers of Your Excellency. They do not concern in any way Your Excellency's officers, and they do not affect the revenue or property of Canada or any interest of the Dominion. They should, therefore, in the opinion of the undersigned, be left to the responsibility of those whom the Constitution has entrusted with the power to pass such enactments." Previous to the publication of this Report, though some time after its submission to the Governor-General -in Council, His Excellency had received, on August 2nd, a deputation at Quebec, which presented an Ontario petition 160 yards long, and containing 156,000 signatures ; another signed by the members of the recent Equal Rights Conven- tion to the number of 860 ; and one from Montreal and the Province of Quebec bearing some 9,000 names. The peti- tioners asked for the disallowance of the Jesuits' Estates Act. Principal Caven was the chief speaker for the deputa- tion, and the rejJly of Lord Stanley of Preston was listened to with deep interest and attention. As the Liberal jour- nals throughout the country claimed in the discussion SIR JOHN THOMPSON. l-tS which ensued, that the Governor-General spoke practically from a brief handed him by the Minister of Justice, it is important to note how substantially his views really did harmonize with those of Sir John Thompson. He declared that in his opinion the introduction of the Pope's name in this case had not in any way weakened or assailed the Queen's authority. He spoke from his personal experience as a one-time Secretary of the Treasury in England, regarding the frequency with which a moral claim is recognized when no legal one exists. He declared as a matter which had been carefully investigated, that in this nineteenth century, the Society of Jesus were not less law-abiding and loyal citizens than were the majority of ■ people. He pointed out how utterly unconstitutional it would be for the Governor- General to disallow a bill in face of his Minister's advice, and in the teeth of a large Parliamentary majority. Such were the conclusions pre- sented by the Governor-General, and endorsing the position assumed by his Minister of Justice. The delegates had nothing to say at the moment in reply to His Excellency's refusal to interfere, but later on they met and formally protested, urging at the same time that a more vigorous agitation and organization for the promotion of. Equal Rights should now be pushed forward to a successful issue. Some time after this occurrence, in February, 1891, Mr. (now Sir) Mackenzie Bowell was addressing an audi- ence at Madoc, Ontario, and stated that prior to arriving at a decision "Lord Stanley had telegraphed to the Imperial Government, and asked the law officers of the Crown whether the Act was within the power of the Province of Quebec to pass it, and three days later the .answer came that it was strictly within the purview of the Legislature of Quebec, and further, that there was no necessity to refer it, as the petition which had been 144 LIFE ANt) WORK OF received suggested, to the Judicial Committee of the Privy Council." This particulav step was therefore not advised by Sir John Thompson, but it ia very probable that Lord Stanley was more or less influenced in his general conclusions by the clear and forceful reasoning of his Minister. There is absolutely no ground, however, for believing that the latter actually prepared the reply which was given to the Equal Rights deputation. Shortly after this, the Protestant Committee of the Quebec Council of Public Instruction — 25th September — passed a resolution accepting in the name of the Protes- tants of the Province the public trust imposed upon them to distribute the $00,000 given under the terms of the Jesuits' Estates Act. Certain conditions were made to which, however, Mr. Mercier, as Premier, agreed without hesitation, and on the 5th of November, the closing scene in a memorable drama took place in the City of Quebec. Here, amid a large gathering of the Provincial Ministers, the Roman Catholic clergy and sundry Protestant repre- sentatives, the $iOO,090 was paid over in the manner decided upon. A check for $160,000 was handed to the Jesuits ; $40,000 went to Laval University ; and the rest was distributed in sums of ten and twenty thousand amongst the different dioceses. In accepting the check on behalf of the Jesuit Order, the Rev. Father Turgeon, S. J., made a rather interesting remark : " I also thank Mr. Mercier as a Canadian. Thanks to God first, then to him and the Legislature, we are now recognized as citizens. In becoming a Jesuit I still remained a Canadian. Ancient Rome, I must say, conferred the title of citizenship for less than has been done by our fathers. Our Order has glorious pages in the history of this country. Our fathers have shed their blood for the country, and they surely deserve the name of Canadians." Hon. William B. Ives, M.P, President of the Privy Council of Canada. SI a JOHN THOMPSON. 147 Meantime the Equal Eights party had not been idle in Ontario. On the 10th of October a mass-meeting had been held iu Toronto, and the Repori of the deputation to Lord Stanley of Preston, received. Principal Caven and Mr. McCarthy were the chief speakers. The spirit of the audience was pretty well shown in the hisses which upon one occasion greeted the name of Sir John Thompson. Mr. McCarthy declared himself against the teaching- of French in the Ontario public schools ; against the exten- sion of the Separate School system through privileged legislation; against an oflScial dual language system in Manitoba and the North-West. A few months later, on April 30th, 1890, the Jesuits' Estates matter came up once more before the House of Commons, upon a motion by Mr. Charlton, claiming that the question of the constitutionality of the Act should have been submitted to the Supreme Court of Canada. Sir John Thompson spoke in defence of the Government's course, and of the ground taken by the Governor-General. Referring to an appeal made afterwards by certain representatives of the religious minority iu Quebec, claim- ing the Act to have been an invasion of their rights, the Minister of Justice said : " The petitioners presented their appeal and it having been referred to myself, I recommended that a day should be appointed on which the appeal should be heard ; and it is quite possible that if the claimants had established any- thing like a case for the interference of the Governor-iu- Council on the ground that the rights of the Protestant minority in Quebec had been infringed, a reference of the question as to whether it was an infringement or not might have been made to t.ie Supreme Court of Canada. But before the day came the appellants withdrew the appeal, and they did it on account of the statement made by the 148 LIFE AND WORK OF Premier of Quebec that the redress they desired would be given without any appeal being made." It will thus be seen that on the broad question of the constitutionality of the Act neither the Government nor the Governor-General, nor Sir Richard Webster and Sir Edward Clarke, the Imperial law officers, would advise or permit an appeal ; but upon any direct claim of injury done to a minority, they were at least willing to consider the question in all seriousness. In speaking of the charges of religious bias made against hiinself, Sir John Thompson took the opportunity to say: "I am very far from finding fault witli those whp, rightly or wrongly, were under the impression that I was swayed by my own private opinions in tendering the advice which His Excellency had acted upon. While I feel that that impression was unjust to me, I was only too glad when His Excellency was disposed to receive the deputation and to give them his answer upon the question." The course of asking the Colonial Office to obtain the opinion of the Grown Law Officers was declared to have been His Excellency's own action " not by our advice and not by our request," though " we accept to the fuUest ex- tent the constitutional responsibility for such action." This debate terminated the question so far as Parliament was concerned. The Equal Rights Association flourished until the disputes connected with the Local elections of 1890 in Ontario practically destroyed its influence. Speaking in Toronto on June 2nd of that year, Mr. McCarthy vigor- ously denounced Mr. Charlton, M.P., for not supporting the Equal Rights candidates against the Mowat Government, and declared that he and others simply aided the move- ment for religious equality so far as it might injure the Dominion Government. And the absence of Principal Caven from the gathering spoke ,fcr itself. A little later," SIK JOHN THOMPSON. 149 the Provincial Protestant, Association rose from the wreck of the previous organization. During the three years following the elections of 1887, many other important matters had been dealt with by the Minister of Justice, besides the much too prominent Jesuits' Estates question. One of these was the disallowance of the Montreal District Magistrates' Bill, passed by the Pi'ovin- cial Legislature under Mr. Mercier's auspices. This measure abolished the Circuit branch of the Quebec Supreme Court and vested its powers in two Judges clothed with a similar jurisdiction " for hearing and deciding civil matters as that exercised by the said Circuit Court of the District of Mon- treal." As the British North America Act gives the right of appointing Superior Court Judges to the Dominion Gov- ernment, Sir John Thompson regarded this bill as a distinct attempt to take from the Dominion Parliament one of its constitutional prerogatives, by simply changing the name of the Court, and the designation of the Judge. HenCe he recommended its disallowancei Incidentally this action was the cause of his first speech in Montreal. It was in Sept., 1888, during the by- election in which Mr. Lepine and Mr. Poirier were the can- didates for the vacancy caused by Mr. Coursol's death. The charge was freely made that the Minister of Justice in con- nection with this disallowance had been actuated by hosti- 'ity to the French-Canadian people. And this, at a time when he was suffering unmeasured abuse in certain other quarters for alleged subservience to their interests and reli- gious sentiments ! Sir John Thompson went down to the commercial metropolis in order to support Mr. Lepine and defend the Government and himself. The old Bonsecours' market hall was filled to the doors by a mixed multitude of men. The Minister of Justice spoke in a low, measured voice and was 150 LIFE AND WORK OF listened to with marked attention. He explained the nature of the bill, and the reasons for disallowing it, con- cluding with a vigorous appeal for unity of race and cre.ed. " We ask j'ou," he said, " to stand by the old principles that Montreal has stood by so long — the National Policy. We ask you, above all, workingmen, English, Scotch, Irish and French- Canadian, to stand by your country which is threatened by the appeals made on behalf of sectarianism and race. When any man tells you that injustice can or will be attempted in this country against a French-speak- ing Roman Catholic Province, you can laugh in his face and tell him you are not a fool." The Conservative candi- date was afterwards elected by a large majority. On the 26th of February, 1889, the Fisheries' question again came, up in Parliament. Mr. Laurier moved a reso- lution expressing regret at the present differences with the United States and urging that steps should be taken for their adjustment ; and for the securing of unrestricted freedom in trade relations between the two countries ; direct representation at Washington ; and the renewal of the modus vivendi. The debate proceeded for some days and on March lit Sir John Thompson rose to speak. As illustrating the fairness of the Government and its desire for the maintenance of friendly relations, he pointed out that on the abrogation of the Washington Treaty by the United States, the Canadian Government had offered to extend the operation of the Fisheries' clause until the close of the season. When the Opposition press urged that the United States would not accept this offer for fear of claims to future indemnity, the Government had asked Great Britain to inform the United States that it would give the use of the fisheries without stint or price. " Now the cry is that we folded our hands and did nothing." The Minister of Justice then went on to say that " the SIR JOHN THOMPSON. 151 one supreme diiEculty wliich the negotiators had to meet with in Washington last year, was the conviction which has gained ground in the United States, that we were perishing for reciprocity, and were raising the Fisheries' question in order to obtain reciprocity." He stated that the proposal male to the American Government was to con- sider the whole question of the fisheries, and in order to get a broad and liberal settlement of the question, " we throw open the fishing grounds as well as commercial privileges to the American fishermen for the remainder of 1885, on the assurance of the President of the United States, that he would recommend to Congess that a Com- mission be appointed to consider the fishery interests of the two countries." After six months enjoyment of the Canadian fisheries, together with the right of obtaining supplies, transhipment, etc., the President sent his Message to Congress, and the Senate replied by passing a resolution that such a Commission was not worthy of receiving a vote from Congress for its expenses ! And only seventeen members voted against the motion. When, owing to the vigour with which Canada pro- tected its interests during the following period, a Treaty was eventually negotiated (as previously described), another modus vivendi was offered and accepted. The Senate received the courteous and generous offer of Canada by throwing the Treaty out, and thus once more disarranging the entire relations of the two countries. " Yet we are told that we have made no concessions to these people, and that every fault in the whole negotiations of the last twenty years has been with us." In referring to the Pre- sident's Retaliation Message, which followed the Senate's rejection of the proposed arrangement, Sir John Thompson declared emphatically that " while no one would regret the enforcement of