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Sunday 2 January 2011

The Ten Hour Movement and the 1833 Factory Act: revised version

The emergence of the short-time or Ten Hour movement after 1830 has its origins in the late-eighteenth century when concerns about the deteriorating conditions in child employment initially developed.[1] Early legislative efforts, however, depended largely on benevolent individuals. Sir Robert Peel senior was behind both the 1802 and 1819 Acts but he received considerable popular support from Lancashire cotton spinners, in liaison with at least three distinguishable groups.[2] First, the old labour aristocracies such as the east Midland framework-knitters, Yorkshire woollen croppers and the ubiquitous handloom weavers saw the factories with their technological innovations as threats to their social status and their incomes. Secondly, some early pioneers of social medicine drew attention to the insidious effects of factory labour on health.[3] Finally, Northern clergymen of the old High Church tradition and those tinged with new Evangelical enthusiasm played important roles in successive factory campaigns. In 1836, Oastler, who believed in the notion of a ‘Christian commonweal’ wrote in a letter of the Archbishop of York that

...his only object was to establish the principles of Christianity, the principles of the Church of England in these densely people districts....the Factory question was indeed....a Soul-question -- it was Souls against pounds, shillings and pence....[4]

In 1815, Peel, supported by Robert Owen, the progressive owner of the New Lanark Mill on the River Clyde, attempted unsuccessfully to bring in legislation to ban children under the age of ten from any employment. He continued to campaign inside and outside Parliament and a parliamentary inquiry into child labour in factories resulted in the Cotton Mills Act of 1819. The Act required that no child under the age of nine was to be employed in cotton mills, with a maximum day of 16 hours for all those under 16. But once again the means of enforcing such legislation remained a serious problem and there were only two convictions while it operated.  A further burst of agitation in the 1820s by the cotton spinners led only to John Cam Hobhouse obtaining minor changes to existing legislation in 1825 and 1831 but these too were limited in scope and implementation. [5] Lancashire cotton operatives who were strong supporters of factory legislation became disillusioned with the lack of enforcement of existing law and demoralised by the collapse of strikes against wage reductions. It is, however, clear that the Factory Movement began in Lancashire rather than with the better known Yorkshire agitation begin by Richard Oastler in 1830 and that it was the militant Cotton Spinner’s Union that first created the rudiments of a popular organisation and gained support from the radical press.

The early industrial reformers had little or no organisation. The campaign between 1825 and 1829 had achieved little but it was at this stage that Richard Oastler, a Tory land steward from Huddersfield, burst upon the scene when he sent his celebrated letter to the Leeds Mercury on ‘Yorkshire Slavery’.[6] For Oastler, emotionally bound by the established inter-connected web of customs, loyalties, ties, memories and services, liberalism spoke of men as ‘free agents’ while in practice they were ‘wage-slaves’ created when ‘Money’ and ‘Machinery’ drove a wedge between the nation’s old landed and labouring interests. Most of the founders of the Ten Hour Movement were Tories and Anglicans from northern industrial towns, committed to reviving the aristocratic idea that, if necessary, might be promoted through state intervention against both the decayed aristocratic betrayal of the paternal system and the new entrepreneurial ethos. They were as deeply hostile to parliamentary reform and workers’ organisations as they were to Dissenters, orthodox political economy and the newly rich manufacturers. Many of those who financed the movement, like Michael Sadler, were themselves well-established factory owners and members of the Tory urban elite facing a challenge locally from Dissenting entrepreneurs. [7]

It is possible to identify four principal pressure groups that favoured factory reform. There were the mill operatives themselves and their supporters, of whom Richard Oastler was the most prominent. Their demands for a 10-hour working day was used in the debate over child labour both as a way of exposing the hardship of the children and as a way of seeking a limitation on the working day of adults. In the laissez-faire atmosphere of the period, any direct attempt to achieve state regulation of the hours of adult males was doomed to failure. But because juveniles aged 10-13 were an essential part of the workforce it was hoped that restrictions on their hours would percolate through to the rest. The reformers did not oppose child labour as such but were merely against unregulated labour. They judged legislation not by its direct effect on child labour but by its indirect effect on the position of adult workers. Secondly, there were the Tory humanitarians among whom Lord Ashley was most active. They were concerned about the moral and religious deprivation of young workers and the ineffectiveness of existing protective legislation. Others such as William Wordsworth, Robert Southey and William Cobbett looked back to a pre-industrial ‘golden age’ and blamed the industrial revolution for alienating workers from the land and forcing children to play a major role in the workforce.[8] A fourth body of reformers came to the fore in the debates over amendments to the factory legislation that occurred in the 1840s. They included active supporters of laissez-faire principles, such as Thomas Babington Macaulay, but who argued for regulation on economic and moral grounds. Child labour, they suggested, damaged the health of youngsters who were then later in life not able to achieve their potential productivity. Restricting child labour was a rational means of promoting investment in the country‘s future workforce.

The early Ten Hour movement had a number of strands, loosely held together by a rhetoric that combined evangelical religion, the threat posed by unregulated economic change, populist radical ideas of fair employment and labour as property and patriarchal values. [9] Such rhetoric embodied notions of a ‘moral economy’ in opposition to the aggressive economic liberalism of the manufacturer’s lobby. [10] Oastler spoke of the monstrous’ nature of the factory system and the ‘terrors’ of child labour. He denounced political economy as ‘earthly, selfish and devilish’ and pointed to the abnormality of ‘the tears of innocent victims (wetting) the very streets which receive the droppings of an Anti-Slavery Society’. These attributes cut across the political spectrum from traditionalist Tories to Whigs, to a patrician radicalism. Radical artisans and factory workers shared many of these views. It was saturated in romantic imagery, of the ‘golden age’ of domestic production and of seeing their labour in terms of ‘freedom’, ‘tyranny’ and ‘slavery’.

Paternalism was not confined to Oastler and the Ten Hour movement and many manufacturers accepted their civic duty to engage actively in schooling, management of housing, charity and moral surveillance. Paternalistic controls over the labour force were justified in a language of mutual obligations and the mission of enlightened manufacturers as improvers of the poor. It was their competitive effectiveness and accumulation of capital that enabled employers to fulfil this moral mission and, in this sense, there was no contradiction between the economic ethics of political economy and the moral imperatives of industrial paternalism. Textile manufacturers found themselves in a vulnerable and isolated position when the factory issue exploded in the early 1830s and were divided over their response to it. ‘Evils’ were recognised, but in terms far removed from the language of wage-slavery. In the cotton districts, opponents pointed to the diminished rate of profit and increase in the cost of production if the hours of workers were reduced. Others emphasised the threat from foreign competition and the absolute rights of property.

During the winter of 1830-1831, there was a furious controversy in the Yorkshire press and rival views became polarised. Oastler acted as the pivot and central organiser. He possessed considerable oratorical skills and journalistic gifts; he controlled the central funds and he imparted a crusading verve to the movement. The question of child exploitation was a ‘moral’ one and he became head of a network of ‘short-time committees’ that demanded the ten-hour day. A substantial number of pamphlets, petitions and tracts were issued and ‘missionaries’ were despatched throughout the textile areas of England and Scotland to highlight the horrors of child labour in the mills. Thousands of workers were willing to ignore the hostility of the Factory Movement’s leaders to their political aspirations during the agitation for parliamentary reform 1830-1832, put aside their opposition to the Church of England and turned a blind eye to the darker side of paternalism with its insistence on a harsh penal code, savage game laws and low wages and living conditions for the rural labourer and support the Movement.[11]

In the event, Oastler and his movement had little success with the Whig government and Peel and the Conservative opposition kept the agitation at arm’s length. When Michael Sadler moved a Ten Hour Bill in March 1832 he was obliged to accept the appointment of a Select Committee to take evidence from the operatives. Meanwhile the factory masters organised a vigorous lobby to resist further legislation, arguing that shorter working hours could result only in a victory for foreign competition, leading to lower wages and unemployment. The dissolution of Parliament in 1832 led to Sadler’s defeat at Leeds in December and to his replacement, at the suggestion of the Reverend George Bull[12], by the young Evangelical Anthony Ashley Cooper as parliamentary spokesman for the Ten Hour campaign. The publication of Select Committee report in January 1833 brought the stark realities of conditions and led Anthony Ashley Cooper to introduce a factory bill. Criticisms, largely justified, that the Select Committee report was one-sided as it had only heard the workers’ views resulted, in April 1833, in the government setting up a Royal Commission to investigate the employment of children in factories.  The Whigs had effectively taken reform out of the hands of the Ten Hour Movement and it became a government sponsored issue.

Why did the Whigs take control of factory reform? Extra-parliamentary agitation occurred not only in the context of conflict between capital and labour but of other economic and social rivalries.  Social, ideological, religious and political rivalry between industrialists and neighbouring agriculturalists was exploited by operatives who turned for protection  from millowners to county JPs. The result was an Anglican Tory-Radical alliance on the factory question, grounded in notions of paternalism rather than the tenets of political economy and less inhibited in its support of the industrial poor than Whig Radicals. This alliance was weakened by the reform agitation of 1831-1832 but remained important till the late 1830s and the onset of Chartism.  Parallel to this Tory paternalist approach was one supported by some Whig radicals and a group of philanthropic millowners in which nonconformist belief was a unifying force. The agitation in Yorkshire had already convinced the Whigs that a factory act was inevitable. Determining the composition of the Royal Commission ensured that the range of options available to them would be wider and less unpalatable to manufacturers than a Ten Hours bill. The Royal Commission Report was placed in the hands of Edwin Chadwick.[13]  The report, produced in forty-five days, looked at factory  conditions far less emotionally than the Select Committee.  Its conclusions were not based on humanitarian grounds, the position adopted by the Ten Hour Movement, but on the question of economic efficiency. Chadwick argued that human suffering and degradation led to less efficient production and that a good working environment would lead to health, happiness and an efficient workforce. Its recommendations were firmly placed on the question of children’s employment and it was consequently criticised for failing to deal with the issue of adult labour.

The Factory Act 1833 that implemented its recommendations restricted children aged 9-14 (by stages) to 8 hours actual labour in all textile mills (except lace-manufacture), with 2 hours at school; young persons under 18 to 12 hours; and, four Factory Inspectors were appointed to enforce the legislation. Previous Acts had been restricted to the cotton industry, but the 1833 Act also applied to the older woollen producing communities in and around Yorkshire which had been ignored in previous legislation. However, the silk industry was given special consideration after vigorous lobbying from manufacturers who argued that the industry would perish without the employment of very young children. Silk manufacture used a large amount of workers who were below age 16 and they accounted for almost 80% of the workforce in some workships and mills. The 1833 Act was confined to children’s work and applied only to textile mills but it did establish a small four-man inspectorate responsible to the Home Office to enforce the legislation. Inspection was essential for making effective enforcement possible and providing a continuous stream of information about the conditions of workers in a range of industries. Despite the rhetoric of Oastler that magistrates, who heard the overwhemlong majority of cases, obstructed conviction under the legislation, there is significant evidence that they were not unsympathetic to prosecutions and were prepared to convict.[14] Despite the intense criticism of the 1833 Act and the problems encountered in enforcement, it would be unfair to underestimate the Whig achievement in the area of factory reform. The debates in 1832 and 1833 led to the issue being publicly aired as never before.[15] The extra-parliamentary movement may have been frustrated by what had been achieved and the 1833 Act may have not been based on any real principles, but it did mark an important stage in the emergence of effective factory legislation and underpinned the developments of the 1840s.


[1] Kydd, Samuel, The History of the Factory Movement: From the Year 1802, to the Enactment of the Ten Hours’ Bill in 1847, 2 Vols. (Simpkin, Marshall, and Co.), 1857, Edler Von Plener, Ernst, The English Factory Legislation, from 1802 Till the Present Time, (Chapman and Hall), 1873, reprinted, (BiblioBazaar, LLC), 2008, Cooke-Taylor, R.W., The Factory System and the Factory Acts, (Methuen), 1894 and Hutchins, B.L., Hutchins, Elizabeth L. and Harrison, Amy, A history of factory legislation, (P. S. King & Son), 1911 provide contemporary comment on the development of legislation.

[2] Innes, Joanna, ‘Origins of the factory acts: the Health and Morals of Apprentices Act 1802’, in Landau, Norma, (ed.), Law, crime and English society, 1660-1830, (Cambridge University Press), 2002, pp. 230-255 and Thomas, M.W., The early factory legislation: a study in legislative and administrative evolution, (Thames Bank Publishing Co.), 1948.

[3] See, for example, the comments in Ure, Andrew, The Philosophy of Manufactures: or, An exposition of the scientific, moral and commercial economy of the factory system of Great Britain, (Charles Knight), 1835, pp. 374-403.

[4] Cit, ibid, Driver, C., Tory Radical: A Life of Richard Oastler, p. 306.

[5] On Hobhouse, see, Zegger, Robert E., John Cam Hobhouse: a political life, 1819-1852, (University of Missouri Press), 1973.

[6] Creighton, Colin, ‘Richard Oastler, factory legislation and the working-class family’, Journal of Historical Sociology, Vol. 5, (1992), pp. 292-320; Ward, J.T., ‘Richard Oastler on politics and factory reform, 1832-1833’, Northern History, Vol. 24, (1988), pp. 124-145.

[7] Sadler’s death in 1835 removed an important advocate of reform. See, Sadler, Michael T., Protest Against the Secret Proceedings of the Factory Commission, in Leeds, 1833, Reply to the Two Letters of John Elliot Drinkwater, Esquire, and Alfred Power, Esquire, Factory Commissioners, (F.E. Bingley), 1833 and Factory statistics: the official table appended to the report of the committee on the ten-hour factory bill vindicated in a series of letters addressed to J.E. Drinkwater, (Hatchards), 1836; Drinkwater, J.E., Bethune, John Elliot and Power, Alfred, Replies to Mr. M.T. Sadler’s Protest Against the Factory Commission, (Baines and Newsome), 1833.

[8] On this issue, see, Stevenson, Warren, The myth of the golden age in English Romantic poetry, (Institut für Anglistik und Amerikanistik, Universität Salzburg), 1981.

[9] For what follows see Gray, Robert, ‘The languages of factory reform in Britain c.1830-1860’ in ibid, Joyce, Patrick, (ed.), The historical meanings of work, pp. 143-179.

[10] Lyon, Eileen Groth, Christian Radicalism in Britain from the Fall of the Bastille to the Disintegration of Chartism, (Ashgate), 1999, pp. 125-150 examines the Christian radicalism of the Factory movement.

[11] For a short summary of the issues see Ward, J.T., ‘The Factory Movement’ in Ward, J.T., (ed.), Popular Movements 1830-1850, (Macmillan), 1970, pp. 78-94.

[12] Gill, J.C., The ten hours parson: Christian social action in the eighteen-thirties, (SPCK), 1959.

[13] Ibid, Finer, S.E., The Life and Times of Sir Edwin Chadwick, pp. 50-68 and ibid, Brundage, A., England’s ‘Prussian Minister’: Edwin Chadwick and the Politics of Government Growth 1832-1854, pp. 22-24

[14] Peacock, A. E., ‘The successful prosecution of the Factory Acts, 1833-55’, Economic History Review, 2nd ser., Vol. 37, (1984), pp. 197-210.

[15] Wing, Charles, Evils of the Factory System Demonstrated by Parliamentary Evidence, (Saunders and Otley), 1837, Part II prints important contemporary comment.

Constitutional Associations

Although several localities received municipal charters before Confederation, only Montreal and Quebec were large urban communities. In 1830, Montreal had 27,000 people and Quebec 22,000 increasing respectively to 140,000 and 62,000 in 1880.

Quebec was established initially as a military centre. Its Upper Town where the administrative, military and religious functions of the province were located was fortified. Commerce and trade and the poorer houses were in the Lower Town. Between 1791 and 1840, Quebec was the capital of Lower Canada and contained the governor’s resident at the Château Saint-Louis and was the seat of the Legislative Assembly and both Councils. Between 1840 and 1867, the capital of the United Canada moved between Montreal, Kingston, Toronto, Ottawa and Quebec. Since 1867, Quebec has been the province’s capital. The military importance of the city was enhanced after 1831 with the construction of the Citadel, a military complex with a garrison of 1,000 men guarding the river. This role declined after Confederation and the British garrison finally left the city in 1871. Quebec was also a religious centre and until 1840 was the seat of the only Catholic diocese in British America. Both the community of Ursulines and the Jesuits provided higher education until the opening of the Université Laval in 1852. In the first half of the nineteenth century, Quebec was the leading port in Lower Canada, a reflection of its position at the hub of the timber industry and as the centre of immigration from Great Britain. However, its economic position suffered from the limited nature of its agricultural hinterland and poor land communications and by 1850 Montreal assumed economic dominance in the province.

Montreal was situated, by contrast, in a better commercial position with rich agrarian resources and good road, water and later railway links. It dominated the food trade with Upper Canada and the United States and was an important manufacturing and communication centre. Unlike Quebec that remained militarily import, the fortification at Montreal were demolished after 1804. Despite this until 1850, urban growth and most economic activity was still largely confined to the area known as the Old Town between McGill Street in the west, Berri Street in the east and St-Antoine in the north. The Church was a strong presence in the city: the Petit Séminaire and the Collège de Montréal were situated on the flanks of the mountain as were the Hôtel-Dieu des Soeurs-Grises and the imposing Basilique Notre-Dame that dominated the city after 1829. The business quarter with its banks, private clubs and up-market housing was on the north-west of the rue Saint-Laurent. In the nineteenth century, Montreal became the most important city in British North America especially as the centre of communications between Canada and the Atlantic.

Montreal

The Constitutional Association of Montreal (MCA) was founded on 23 January 1835 at a popular assembly of 254 people held in the Jones Long Room.[1] The idea of founding a central association bringing together the loyalist forces in Montreal had originally been raised at a previous assembly held on 20 November 1834 at Tattersall rue Saint-Jacques. [2] The MCA was an umbrella organisation that included the Saint Patrick’s Society, Saint George’s Society, Saint Andrew’s Society and the German Society.

Feeling itself directly threatened by the intrigues of the French Canadian majority in the Legislative Assembly since the elections of 1834, the British population established associations to counterbalance the better organised, reformist forces. Through them, the British also sought to register their protest about the Ninety-Two Resolutions and oppose the irregularities of the recent general election. The assembly held in Montreal on 23 January 1835, issued the same declaration as the Constitutional Association of Quebec (QCA), founded on 22 November 1834, stating what it saw as the causes of the political and constitutional problems in Lower Canada. More precisely, the assembly denounced the way in which the colonial policy in Great Britain was managed. According to MCA, colonial policy produced by the Colonial Office lacked coherence because of the frequent changes of ministers since 1827. There was a denunciation of seigneurial tenure and persistence of French laws that the MCA claimed harmed investment. The loyalist assembly also criticised the absence of Registry offices encouraging fraud and discouraging foreign investments. The Legislative Assembly was sharply criticised especially its attitude to voting the civil list and opposition to immigration, according to British an important source of economic development. The loyalists were also damning about the ways militia officers of militia and magistrates were appointed. Finally, it expressed savage opposition to the election of the Legislative Council proposed in the Ninety-Two Resolutions. [3]

A central committee of 147 elected members was charged with producing the statutes and rules of the new association and establishing an executive committee that was achieved by 28 January 1835. The executive committee included John Molson Jr.[4] (Vice-president of the Saint-George’s Society), Peter McGill[5] (President of the Saint Andrew’s Society), William Walker[6] and George Moffat[7] (President of the Saint George’s Society), who was also elected as president of the MCA. Most members of the central committee were substantial merchants and were linked to the Banque de Montreal. A number were members of the Legislative Council or had been defeated in the Assembly elections at the end of 1834. The various national societies in Montreal affiliated to the MCA on 28 January 1835. [8]

There were important links between the associations in Quebec and Montreal and this was formalised in the delegated assistants from each association liaising with each other. However, it was increasing evident that there were differences between the two cities in particular the call for union with Upper Canada by the Loyalists in Quebec while Montreal’s position favoured only the annexation of Montreal and Vaudreuil to the upper province. There were also differences in approach between a moderate Quebec and a more radical Montreal that created ‘branch associations in a surprisingly short time at the beginning of 1835 in the aftermath of the loyalists’ electoral rout. Constitutional associations, which generally affiliated to either the Quebec or Montreal Constitutional Associations, were established in Leeds, Inverness, Ireland, Upper Ireland and Halifax (Mégantic), on 26 December 1834); in Durham and Kingsey (Drummond), on 31 January 1835; in Richmond and in Lennoxville (Sherbrooke) also on 31 January 1835; in Trois-Rivières; Chambly (Chambly); Laprairie (Laprairie); William-Henry; Kildare (Berthier); St.Andrews (Deux-Montagnes) and in Ormstown and Hemmingford (Beauharnois); Frelighburg (Missisquoi); Granby (Shefford); Potton (Stanstead) and elsewhere. Locality but especially ideological attitudes determined whether these associations linked to Quebec or Montreal. The associations at Missisquoi, Kildare, St.Andrews and Potton affiliated to the QCA because of local fears that if Montreal was annexed to Upper Canada they would be assimilated by the French Canadian majority. It was, however, the opposite logic that led the frontier comté de Beauharnois to change its affiliation from the QCA to the MCA.

The second general assembly was held in the Theatre Royal on 26 March 1835. To counter the influence of the reformers in London, the meeting decided that an agent of the MCA would be sent there to promote and defend the interests of the constitutionalists. William Walker, who had been defeated in the 1834 election, was nominated as the MCA agent in London. [9] He was accompanied by Alexander Gillespie of the North American Colonial Association and by John Neilson of the QCA. They left for London in April 1835 and met Lord Glenelg, the Colonial Secretary and Lord Melbourne, the Whig Prime Minister.[10] Learning on 11 August that the Royal Commission on events in Lower Canada would consider their representation, the executive committee asked Walker to return to Montreal.[11]

In the months that followed, the MCA organised ward committees and intervened in the loyalist assemblies in the town, for example in the meetings held in the Western quarter on 15 September 1835 and in the faubourgs of Saint-Laurent and Saint-Louis on 12 October. Each time, its representatives floated the idea of establishment of Registry offices and called for an end to the seigneurial system, for extending the voting rights of joint owners and for improving navigation on the St. Lawrence. On 24 November 1835, at the start of the work of the Royal Commission, the MCA submitted a copy of the resolutions Walker had already presented to the king and Parliament and an impressive petition.  On 7 December, the General Assembly elected a new central committee reflecting the need to coordinate all the constitutional forces of the colony and this led directly to the creation of a Select General Committee in May and November 1836. [12] In January 1836, the MCA circulated a document that blamed economic under-development in Lower Canada on the French presence and proposed the union of all the provinces of British North America as a solution. But by 27 February, it had reconsidered its position and simply proposed the annexation of the Île de Montreal and the comté of Vaudreuil by Upper Canada. On 23 March, the MCA launched a new manifesto that called for a change to the size of the districts in order to increase British representation. It proposed that the quorum with the Legislative Assembly should be lowered in order to reduce the ability of deputies to disrupt the institution and that the personal wealth of potential deputies should be raised. Finally, it attacked the ways in which French Canadians sought to promote their own interests at the expense of the British.[13]

The political cohesion of the loyalist movement in Lower Canada reached its height in early 1836 when it was announced that a large congress of constitutional associations would be held in Montreal on 23 June. In Quebec (21 January 1836), Montreal (16 January 1836), Sherbrooke (12 December 1835), Leeds (25 March 1836) and Kildare (23 December 1835) delegates were designated and converged in Montreal as the Select General Committee of the Petitionners on 23 June 1836. The work and conclusions of this congress are not well known but it appears that a decision was made to hold a second congress later from 10 to 17 November largely because of disagreements between the delegations from Quebec (T.A. Young) and Montreal (William Griffin). The movement was affected these tensions. There was a marked deceleration of loyalist activities until the spring of 1837 when heightened levels of activity by the Patriote movement forced loyalists to put side their ideological and regional quarrels and demonstrate more forcefully their attachment with the Crown.

Quebec

While the MCA was controlled by radical merchants who were hostile to the reform movement, the QCA founded officially on 22 November 1834, was dominated by individuals largely from the liberal professions who were moderate reformers and previously supporters of Papineau: John Neilson[14], Andrew Stuart[15] and Robert H. Gairdner. The business community was not absent and the most important merchants in the capital were among the QCA’s supporters: William Price, Thomas Aylwin, J. Charlton, James Bell Forsyth, Allan Gilmour, James Hastings Kerr, Henry Lemesurier, William King McCord and T. A. Young.

The origins of the QCA can be found in a meeting held on 16 April 1833 to take ‘into consideration the expediency of preparing an address to His Majesty upon the state of the Province’. [16] It was, however, the passage of the Ninety-Two Resolutions at the beginning of the following year and particularly the election campaign in October 1834 that rallied the support of loyalist forces in the capital and led to important campaign meetings in favour of loyalist candidates: Andrew Stuart (Haute-Ville), Pemberton (Basse-ville) and John Neilson (Dorchester). In the event the loyalists were left with no representatives after the Patriote landslide and this led to an increased focus on why the loyalists had done so badly in the election. It was directly out of the problem of loyalist representation in the Assembly and the need to put pressure on the governor and the colonial administration that the QCA was formed.

The meeting on 22 November was preceded by a series of banquets that provided a post mortem of the elections and reinforced the lessons that needed to be learned from them.

Let us then take a lesson from the enemy...the silence of the Constitutionalists has been mistaken for acquiescence in the measures pursued by the Resolutionists...We rejoice, under these circumstances in being able to announce that a Loyal and Constitutional Association is now on foot...The plan of the Association, as far as we are informed, is to form, principal or parent, Associations in two cities and the most populous towns of the Province, which Branch Committees in the several counties, and to maintain a general correspondence and cooperation for their mutual support and defence.[17]

Chaired by Andrew Stuart, the foundation meeting of the QCA was held at the Albion Hotel on 22 November 1834. An executive committee of 14 people was established and £400 raised in less than three hours to support the new association. John Molson and Sydney Bellingham, who had come from organising a similar meeting in Montreal on 20 November, helped in the formation of the QCA.[18] The executive committee was formed by 26 November and the QCA held its first assembly on 29 November. However, it was the mass meetings of 400 people on the 11 and 12 December that agreed the statutes of the association and a sub-committee was established to found branch associations across Lower Canada.[19]

During the winter of 1835, the QCA circulated a vast petition putting forward its claims and John Neilson and William Walker (MCA) carried it to London when they left on 13 May to express their opposition to the Ninety-Two Resolutions. [20] This occurred at the same time as the creation of the Gosford Commission and when Neilson returned from London he was involved in establishing an active lobby to the Commission. It was not until 9 January 1836, after intense discussion at several meetings of the executive committee that the QCA finally adopted the Report on the Present State of Public Affairs, a clear statement of the ideological position of the association.[21] It opposed the deliberations of the Parti Patriote in the Assembly especially their demands for control over the Civil List and reaffirmed their commitment to the imperial state.

The QCA was then involved in the choosing of delegates for the congress of all Constitutionalists in the province that was finally held in Montreal between 10 and 17 November 1836. Important differences emerged between the QCA and MCA during these discussions: the MCA proposed the annexing of Montreal and Vaudreuil to Upper Canada while the QCA favoured union of the two provinces. At the end of 1836, perhaps because of these disagreements, Andrew Stuart was replaced as president by John Neilson with William Price and Henry Lemesurier as vice-presidents and T.A. Young as secretary.

In the deteriorating climate of 1837, the QCA organised a series of meetings culminating with one held on 31 July attended by between 4,500 and 5,000 people.[22] The seven resolutions it passed denounced the political manoeuvring of the Patriotes and reaffirmed support for the Crown. But with the approach of open conflict, it was the creation of a volunteer corps that concerned the QCA and on 1 September the Victoria Club, a parallel organisation to Montreal’s Doric Club, was established. On 29 November, the Victoria Club was reorganised into a regiment of the Royal Quebec Volunteers, though it was not actively involved in the suppression of the rebellion.[23]

1837 and after

After the publication of Russell’s Ten Resolutions, the Patriotes held a series of public assemblies intended to show the widespread support for the movement and the extent to which Papineau could count on the masses to oppose the policies of the colonial government. Loyalists responded by also holding a number of assemblies answering Patriote demands by loyal addresses and showing their determination to match the Patriote mobilisation. The assemblies organised by the constitutional associations attracted large anglophone audiences but in French-dominated areas they tended to be more spontaneous. Usually organised by the local seigneur, a member of the elite or loyalist Justice of the Peace, these ‘demonstrations of loyalty’ intensified during the autumn into areas that traditionally supported the Parti Patriote but which now favoured submission and collaboration. Preceded by numerous meetings in faubourgs and villages, the large assembly held on the Esplanade in Quebec on 31 July 1837 was attended by over 5,000 delegates who heard various speeches and signed a loyalist petition. On 23 October 1837, at the same time as the Patriote assembly at St-Charles, a meeting of between 4,000 and 7,000 constitutionalists was held chaired by Peter McGill, president of the MCA since Moffat’s departure at the end of 1836. Effective channels of communication had already been established with Gosford and these increased during the conflict during November and December. Gosford even agreed that the MCA should be given the right to form groups of volunteers.

Loyalist assemblies became less numerous in the autumn of 1837 apart from the assembly at Tattershall but there was a rapid increase with many assemblies held between November 1837 and January 1838. Organised by JPs or magistrates, they testified to the renewal of loyalism and support for the actions taken by the Crown to deal with the rebellion in the Montreal district in November 1837. The repression and military occupation of part of the colony stimulated loyalist enthusiasm, perhaps more apparent than real and reflected the desire of a population to avoid the reprisals suffered by those living in the comtés de Richelieu and Deux-Montagnes. The constitutional associations played a less obstructive role in this period largely because many of their members were serving in the volunteer regiments established during the rebellion.

On 30 December 1837, the MCA presented its annual report to its General Assembly. The report proposed establishing contact with sympathetic MPs in the British Parliament with the aim of promoting the idea of the union of the Canadas. It also stated that since the conflict is racial, the only way of resolving this was an end to the policy of conciliation that had been adopted by the Colonial Office and by the Gosford Commission. It concluded by registering its thanks to Colborne and his regular troops for dealing with the rebellion. George Moffat met Durham in London before he left for the colony and also influential members of the MCA presented their ideas to Durham during his inquiry into the rebellion. The constitutional associations played a role in the development of the Durham Report and in its resultant project of union and most of the voluntary regiments were mobilised during the second rebellion of November 1838. The constitutional associations held an annual assembly in December 1838 but after 1839, the union against Patriote radicalism that had given the loyalist movement its cohesion and vitality dissolved. The Château clique fought a rearguard action to maintain their privileges and some supporters of the constitutional cause, especially their leader John Neilson, repudiated the project of Union and joined ex-Patriotes such as Denis-Benjamin Viger and Louis-Hippolyte Lafontaine.


[1] Ibid, Muzzo, Johanne, Les mouvements réformiste et constitutionnel à Montréal, 1834-1837, p. 79.

[2] Ibid, p. 69.

[3] Ibid, Christie, Robert, History of the late province of Lower Canada, 1791-1841, Vol. 4, pp. 32-41 contains the MCA declaration.

[4] ‘John Molson’, DCB, Vol. 8, pp. 630-634.

[5] ‘Peter McGill’, DCB, Vol. 8, pp. 540-544.

[6] ‘William Walker’, DCB, Vol. 7, pp. 893-894.

[7] ‘George Moffat’, DCB, Vol. 8, pp. 553-556.

[8] Ibid, Muzzo, Johanne, Les mouvements réformiste et constitutionnel à Montréal, 1834-1837, p. 82.

[9] Ibid, Christie, Robert, History of the late province of Lower Canada, 1791-1841, Vol. 4, pp. 244.

[10] Ibid, Muzzo, Johanne, Les mouvements réformiste et constitutionnel à Montréal, 1834-1837, p. 84.

[11] Ibid, Christie, Robert, History of the late province of Lower Canada, 1791-1841, Vol. 4, p. 245.

[12] Ibid, Christie, Robert, History of the late province of Lower Canada, 1791-1841, Vol. 4, pp. 245-246.

[13] Ibid, Christie, Robert, History of the late province of Lower Canada, 1791-1841, Vol. 4, pp. 284-289.

[14] ‘John Neilson’, DCB, Vol. 7, pp. 644-649.

[15] ‘Andrew Stuart’, DCB, Vol. 7, pp. 835-837.

[16] Quebec Gazette, 17 April 1833.

[17] Quebec Mercury, 20 November 1834.

[18] Quebec Gazette, 26 November 1834; ibid, Christie, Robert, History of the late province of Lower Canada, 1791-1841, Vol. 4, p. 23.

[19] Ibid, Christie, Robert, History of the late province of Lower Canada, 1791-1841, Vol. 4, pp. 24-25.

[20] Quebec Gazette, 13 March 1835.

[21] Quebec Gazette, 11 January 1836.

[22] Ibid, Bernard, Jean-Paul, Assemblées publiques, résolutions et déclarations de 1837-1838, pp. 167-170.

[23] Quebec Gazette, 5 September, 22 November, 16 December 1837.