May 18, 2013 - No. 19

Nation-Building Project of Today's Quebec Patriots

The Patriots of 1837-1838 and the Principles of Nation-Building

 



Quebec Patriots Day

Long Live the Nation-Building Project of
Today's Quebec Patriots!

Today, the Quebec nation marks Patriots Day. Patriots Day celebrates the striving of the people to affirm their right to be. Beginning in the spring of 1837, when the British Crown formally rejected the demands of the Legislative Assembly of Lower Canada included in the 92 Resolutions of 1834, numerous mass meetings broke out across Quebec where the people spoke and demanded their democratic rights.

In the midst of this affirmation of the people's will, the Patriots proclaimed "by order of the provisional government" an important manifesto called "Declaration of Independence of the Republic of Lower Canada." In it they declared the principles and democratic rights of a Republic. Section 3 of the declaration calls for the defence of the rights of all: "Under the free government of Lower Canada, all individuals will enjoy the same rights: the natives will no longer be submitted to any civil disqualification and will enjoy the same rights as all other citizens of Lower Canada." Section 15 proclaims that the people will author their own constitution: "At the earliest occasion the people must choose delegates according to the present division of the country in counties, cities and boroughs who will form a convention or legislative body to draft a constitution according to the needs of the country, in accordance with the provisions of this Declaration, subject to modification according to the will of the people."

The 1837-38 uprising was crushed through brutal force, including the suspension of habeas corpus, mass arrests, burning of homes, the hanging of 12 patriots and forcing of 64 others into exile. More than 1,700 were imprisoned following the suspension of habeas corpus. In Montreal alone in 1838, 816 people were arrested out of a population of 30,000, which translates into 40,000 people out of Montreal's present-day population. Of that number, 108 were court-martialled. Hundreds were forced to flee to the U.S. to escape arrest, including 10 accused of "murder" who faced the death penalty if they ever returned. It marked the suppression of a modern Quebec nation-state whose existence has been denied ever since by depriving the Quebec people, irrespective of their national origin, language or creed, of their right to self-determination as an independent legal entity with the right to form a free and equal union with the rest of Canada if they so decide of their own free will.

The 1837-38 Patriots Uprising is an important event in the history of Quebec and Canada whose significance must be grasped in order to understand the present-day situation and not be mislead by the blackmail of those establishment forces which claim that affirming Quebec's sovereignty will lead to the "destruction of Canada." On the contrary, the establishment of the modern state of Quebec remains necessary to settle the constitutional crisis in a manner which favours the people by ending the stranglehold of the institutions established out of the suppression of the nation-building project the Patriots put forward in 1837-1838. These are the present democratic institutions based on "reasonable accommodations," the arrangements the British oligarchs found "reasonable" to strengthen British colonial rule after the English defeated the French at the Plains of Abraham in 1759 and Quebec passed from being a French colony to an English colony. The British divided the people on an ethnocultural basis and enshrined this division in the Act of Union of 1840. Ever since then, the line of divide and rule has served first the British and then the Canadian state to impose the dictate of the ruling elite on both the Quebec and the Canadian peoples as well as the First Nations. It is clear that after the rebellion of 1837-1838, all those patriots who refused to conciliate with these so-called reasonable accommodations were either hanged or exiled and with this infamous act, the present democratic institutions of so-called responsible government came into being to keep the people out of the power-sharing arrangements.

The present situation shows that the cause for which the Patriots fought in 1837-1838 today takes the form of the need for the working class to constitute itself the nation and vest sovereignty in the people to make them the decision-makers in all political, economic, social and cultural affairs that concern them and their nation. This need is all the more urgent as the governments of Quebec and Canada intensify the sell-out of the natural and human resources and establish new arrangements to facilitate the political, economic and military annexation of Canada and Quebec to the United States of North American Monopolies and restructure the state in the service of the most powerful monopolies as part of U.S. empire-building. The more they refuse to share power with anyone, the more they talk of "reasonable accommodations."

As a result of this nation-wrecking agenda, the ruling elites have mired Quebec and Canada in an unprecedented constitutional and political crisis. Their refusal to open society's path to progress is seen in increasing attempts to push politics of division based on language, national origin, culture, belief, colour of skin, gender or any other consideration. The people are witnessing the daily spectacle of political factions challenging each other as to who will best represent Quebec values, or reducing the identity of the Quebec people to a linguistic issue, or dividing the people on an ethnocultural basis so as to get away with imposing a new "reasonable accommodation" to suppress their right to be and determine for themselves the kind of arrangements they require to flourish.

On this occasion, TML salutes all those who espouse the cause of the Quebec Patriots, especially those who are determined to elaborate a nation-building project consistent with the demands of the times.

Let the Working Class Constitute Itself the Nation and Vest Sovereignty in the People! Sovereignty Yes! Annexation No!

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The Patriots of 1837-1838 and the
Principles of Nation-Building

Excerpts from presentation delivered by Christine Dandenault of the Marxist-Leninist Party of Quebec (PMLQ) at the Conference on the Future of Quebec, Montreal, June 20, 1998.

***

When decisions are taken from above and the interests of the people are left out of the equation, no good can come of it. Whether we speak of the Treaty of Paris in 1763, or the Quebec Act, 1774, to 1791, 1841-48, 1867, 1930, or 1982 to the present, decisions were taken from above, in which the polity has been a form of organization and a citizen in it has never been the starting point of any agreement or proclamation. Proclamations about the form of executive power and on the sharing of powers have been issued but there has never been an explicit treatment of democracy. Unless today we ensure that there is an explicit treatment of democracy, we will have the same negative experience and thinking which exist at the federal and provincial levels at this time and which the people of Canada experienced at the time the British North America Act was imposed on them in 1867 and since then, incorporated into the present state.

In nation-building, there are some fundamental principles which determine the kind of nation which exists or is to exist. For instance, we have to be careful not to found the nation on 19th century concepts of ethnicity as the British did in formulating the BNA Act, later turned into the notion of "two founding nations." On the contrary, we should begin with the modern definition according to which a modern polity is established which recognizes the collective rights of all the people of Quebec and vests sovereignty in the people. This is the only sound foundation for a consistent democracy, irrespective of what language a person may speak or what may be their religion, race, colour of skin, gender, age, ability or lifestyle or what political and ideological opinions a citizen may hold.

Within the framework of a modern polity, the principle of collective rights, and not ethnicity, must be recognized, together with the rights of all minorities on account of their concrete objective reality. This includes the rights of women on account of their womanhood, Aboriginal peoples on the basis of their right to determine their own affairs on their own lands, of all national minorities, and of all people with different lifestyles, abilities, the elderly and children, etc. Not least of these rights are the collective rights of the workers to job security and wages and working conditions commensurate with the job they perform. A consistently democratic outlook must be enshrined right from the beginning so that the future of Quebec, whether it opts for independence or not, will be an occasion to celebrate an historic advance, a milestone in the development of Quebec as it prepares to enter the 21st century.


Patriots Day march in Montreal, near the Pied-du-Courant prison where many of the patriots were imprisoned.

Today, the issue of nation-building concerns the people of the entire world. The neo-liberal offensive to sell out all the resources of nations, especially the human and natural resources, to serve the aim of making the monopolies competitive on global markets has put this issue on the agenda of the peoples everywhere. The issue is of great urgency. This concern cannot be dismissed by portraying everything to do with nation-building as an issue of separatism versus federalism or which equates separatism with sovereignty and so on, as the federal Liberals and their fellow travellers are doing. Whether or not Quebec opts for independence, the approach towards nation-building will determine the future of Quebec. Today the interests of the bourgeoisie are not identified with those of the nation. They lie in selling out all its resources, in using the state power to seize the entire social product produced by the working class to hand it over to those who invest it to make maximum profits for themselves. This is why the working class must constitute itself the nation and lead society so that it can advance.

As this project of nation-building unfolds, another issue which has been central to the struggles of the peoples of the entire world throughout the 20th century is brought to the fore, and that is the issue of where sovereignty is vested. Unless sovereignty is vested in the people, unless the decision-making power is put in the hands of the people and not in the hands of political parties which vie for power in the National Assembly, the people and their concerns will continue to be marginalized, causing the untold suffering they see already today going from bad to worse. All legislative power must be subordinate to the people and the executive power must be subordinate to the legislative power.

A lot is said about the democratic institutions in Quebec, as is also the case in the rest of Canada. The greatest illusions are created about the system of representative democracy right at the time that it is plain for all to see that this system does not represent them. The people exercise no control over the decisions which are taken within the arrangements under this system. These institutions, both within Quebec and across the country, are placed there according to the 19th century British experience in nation-building which kept the "Royal Prerogative," the essence of absolutism and of the archaic notion of the "divine right of kings," in the hands of a tiny group of people. Whether such a group is headed by a monarch, a president or a prime minister, most of the organs of power are either unelected or selected and elected according to a process which makes it impossible for the people to enjoy consistent democracy according to the principle "of the people, by the people and for the people."

The formation of the Canadian Confederation in 1867 and experience with it since then has led to broad scale popular discontent, especially during the last few years. This is a fact of life. How can such a fact of life be buried under the propaganda barrage which claims that the issue is national unity and there is no other issue? Or the issue is deficit zero and there is no other issue? Such discontent in the political system is manifested in the lack of credibility of politicians, the political process and political institutions and cabinet rule. This is a problem facing all the peoples of Canada, irrespective of where they live. Such a negative experience must not be permitted to undermine the project of building the Quebec nation at this time, the Canadian nation or the First Nations.

The Marxist-Leninist Party of is of the opinion that unless such matters are discussed, the present situation holds grave dangers for the people. Any political project, alternative or otherwise, which does not eliminate the old arrangements and renew the democracy, no matter what colours it presents itself in, will not succeed. This matter must be given serious treatment.

Today a profound disequilibrium has set in on the world scale as well as within the majority of countries as a result of the unrepresentative nature of the democracy and the struggle of the big powers and the monopoly groups to establish their domination over spheres of influence, sources of raw materials and cheap labour and markets for their goods and capital. Within this, the bourgeoisie and its political representatives are presenting the anti-social offensive as the only way to overcome the crisis of capitalism, forcing the peoples to submit to their dictate as if there is no choice, no alternative. What is not already settled by the legislatures will be. In this regard,  [...] one law after another is passed to remove all the obstacles which interfere with the ability of the monopolies to make maximum profits. Coupled with this, more and more the demands of the people for a society which recognizes their claims upon it are turned into law and order matters. Through Rule by Decree, anything can be made legal or illegal irrespective of the justice of the cause. Through a massive disinformation campaign, the righteousness of the cause is turned upside down. Shamelessly, those who are dictating everything present night as day and day as night as if words can mean anything they want and the people are fools who do not understand what is taking place at their expense.

Within this situation, the only opportunity being provided to the people of Quebec is to submit briefs to various hearings, whereupon their opinion is ignored or it is just the opinions of those they want to hear which are called for. This is pushing the youth and the poorest sections of the people to take desperate measures whereupon they are further criminalized.

Under the present arrangements, it is the National Assembly in Quebec under cabinet rule which has usurped the sovereign power. This is also the case in Ontario, in all the provinces and at the federal level. These cabinets have set themselves up as the all-powerful decision-making bodies which hide behind a veneer of mandates and democratic elections. This is not the place to discuss the merits or demerits of the British parliamentary system which is based on the royal prerogative, but what is crucial is to firmly grasp that there can be no such thing as a modern democracy in which it is not the people who decide what is to be done.

The processes which are taking place in Quebec and at the federal level ensure that more and more the people are being sidelined. The more they are sidelined, the more they are subjected to a propaganda barrage according to which what is being done is in the "public good." The destruction of the society is presented as the "public good." This shows the irrationality which is being imposed by repeating 19th century dogmas to justify the unjustifiable.

Any process which does not strengthen the political unity of the people around the project of nation-building must be rejected. In this regard, the Marxist-Leninist Party firmly rejects the line of the federal Liberals according to whom "national unity and territorial integrity" are one and the same thing. National unity is a matter of the political unity of the people and the principle which guides the political unity of the people is to strengthen the fraternal links that bind them as members of the polity. Territorial integrity on the other hand is not a principle. When the present boundaries of Quebec were determined by the British in 1840, fully half of the territory of Lower Canada was carved out and given to Upper Canada, present day Ontario. At the same time, Ontario's debt was handed over to the Quebec people to pay. All of this was done to make sure that the population of Quebec was decimated, throwing half of it into Ontario so that through the system of so-called representative government, Quebecers would not dominate the united assembly. Territorial integrity was not a principle then and it is not a principle today. The aim of the British then was to suppress the interests of the Quebec people through the force of arms and the deal-making in the name of responsible government. This is the origin of present-day democratic institutions and to claim that they do not need to be renovated is to make a statement which is foolish and self-serving to the extreme. To raise the issue of national unity based on territorial integrity is to declare that no problem will be resolved. It is a declaration of "no war/no peace" with the threat of war always uppermost.


Assembly of the Six Counties on October 23 and October 24, 1837, a gathering of some 6,000 Patriots held in
Saint-Charles, Lower Canada, in defiance of a British proclamation forbidding public assemblies.

The independence of Quebec is used to cause utmost confusion when in fact, the first act of an independent people must be to vest sovereignty in themselves. This can be done by concentrating on ensuring that, as a first step, people carry out the discussion on the future of Quebec themselves. They must raise the level of their consciousness and organization with the aim of creating a society which is fit for human beings. How can these matters be reduced to whether or not a referendum is held and why should the issue of a referendum, be decided from above? Why should whether or not a referendum is held be used to blackmail the people with every kind of disaster? If a referendum is to take place to determine the future of Quebec, it is the people who should determine what the question should be in the referendum and this question should only pertain to whether or not the people want their independent republic or not. The referendum question should be straightforward: "Do you agree that Quebec should become an independent Republic? Yes or No."

Should the people opt to declare independence, the experience of the peoples of the world with nation-building clearly shows that the next logical step must be the election of a Constitutional Convention. This Convention should be elected on the basis of people selecting candidates at their work places, educational institutions and neighbourhoods. This Constitutional Convention should draft the constitution. All the clauses of the Constitution which the Constitutional Convention cannot agree upon should be put to vote in a referendum. The voting age should be lowered to 14 in order to involve the youth in politics and nation-building at an early age. The constitution thus approved by the people must be considered the sovereign will of the people of Quebec and established as the fundamental law of the land on which everything must rest.

Today, in order to avert redressing historical crimes, the Liberals self-righteously talk about self-government for the Native peoples, so long as they do not vest sovereignty in themselves, but when it comes to Quebec, even this concession is anathema. They have also started a controversy over declaring Louis Riel, who was hanged as a traitor for establishing the Manitoba nation, a father of Confederation. What about the Quebec patriots? There is a lot of self-righteous talk that Quebec is not a colony, but all of this is to deny the present realities and to prevent the people from solving problems in a manner which favours them. The fact remains that the modern nation which the patriots fought for in 1837-38 based on the recognition of rights as they were conceived by the progressive forces throughout the Americas at that time, was suppressed.

The Declaration of Independence of Lower Canada presented by Robert Nelson, one of the patriot leaders of the Rebellion, at Clarenceville in 1838 fully elaborates the conception of democratic rights for all those considered to be members of the polity at that time.

Declaration of Independence of the Republic of Lower Canada*


Declaration of Independence of Lower Canada and Robert Nelson, President of the Provisional Government.

Caldwell's Manor (NOYAN), February 28, 1838

WHEREAS the solemn contract established with the people of Lower Canada as recorded in the register of the Statutes of the Kingdom of Britain and Ireland, as Ch. 31 of the Act passed in the 3rd year of the rule of King George III, has been continuously violated by the British government and our rights encroached upon; and whereas our humble petitions, addresses, protests and remonstrances against this prejudicial and unconstitutional behaviour have been in vain;

WHEREAS the British government has disposed of our revenue without the constitutional consent of our local legislature, robbed our treasury, arrested and imprisoned a large number of our fellow citizens, spread across the country a mercenary army whose presence has caused dismay and alarm, whose tracks are red with the blood of our people, which has burned our villages to ashes, desecrated temples and sown terror and desolation throughout the country; and whereas we can no longer suffer the repeated violations of our most sacred rights and patiently endure the numerous outrages and cruelties of the government of Lower Canada,

We, in the name of the people of Lower Canada, acknowledging the decree of divine providence that says we can overthrow a government that has violated the object and intent of its creation to choose the form of government that will restore the use of justice, ensure domestic peace, see to the common defence, elevate the general well-being and guarantee us and our descendants the benefits of civil and religious freedom;

Solemnly declare that

1. From this day on, the people of Lower Canada is free from allegiance to Britain and the political continuity between Lower Canada and the British rule is broken.

2. A republican form of government best suits the needs of Lower Canada, which is on this day proclaimed a Republic.

3. Under the free government of Lower Canada, all individuals will enjoy the same rights: the natives will no longer be submitted to any civil disqualification and will enjoy the same rights as all other citizens of Lower Canada.

4. All union between the Church and the State is by the present declared dissolved and all person will have the right to freely practice the religion or belief dictated by his or her conscience.

5. The feudal or seigniorial tenure of the land is by the present abolished, as completely as if such tenure never existed in Canada.

6. Any person who bears arms or otherwise assists Canada in its fight for emancipation is and will be discharged of all real or supposed debts or obligations resulting from arrears of seigniorial rights existing prior to this day.

7. The customary dower is henceforth abolished and prohibited.

8. Imprisonment for debt will no longer take place except in certain cases of fraud which will be specified in an act to be adopted to this end by the Legislature of Lower Canada at a later time.

9. The death penalty will no longer be pronounced nor executed, except in the case of murder.

10. All mortgages on the land will be special and, to be valid, will need to be registered with offices to be created to this end by an act of the Legislature of Lower Canada.

11. The freedom and independence of the press will prevail in all public matters and affairs.

12. Trial by jury is ensured by the people of Lower Canada in its broadest and most liberal sense in all criminal trials and in civil trials beyond a certain amount to be determined by the Legislature of Lower Canada.

13. Since general and public education is necessary and is owed to the people by the government, an act establishing it will be passed as soon as circumstances allow.

14. To ensure electoral enfranchisement, all elections will be through secret ballot.

15. At the earliest occasion the people must choose delegates according the present division of the country in counties, cities and boroughs who will form a convention or legislative body to draft a constitution according to the needs of the country, in accordance with the provisions of this Declaration, subject to modification according to the will of the people.

16. Every individual of male gender aged 21 and over will have the right to vote as stipulated in the present Declaration for the election of the aforementioned delegates.

17. All the lands of the Crown and those called Reserves of the Clergy as well as those formally belonging to a certain company of landowners in England called "The Company of the Lands of British North America" are rightfully the property of the state of Lower Canada, except for the parts that may be the property of people who own them in good faith, to whom claims will be granted and guaranteed in accordance with an act to be passed which will legalize such possession and give a title to such plots in the townships where such titles do not exist, when such plots are under cultivation or improved.

18. The French and English languages will be used in all public affairs.

And for the realization of this Declaration and in support of the patriotic cause which we have now undertaken with full confidence in the protection of the All-Mighty and in the justice of our action -- we solemnly pledge to each other through the present our lives and fortunes and our most sacred honour.

By order of the Provisional Government.

Robert Nelson, President.

(This history of Quebec is not even taught in Quebec and Canadian schools. At that time, 855 people were imprisoned following the suspension of the habeas corpus, which in 1970 numbers would be the equivalent of 10,000 people! In Montreal alone in 1838, 816 people were arrested on a population of 30,000, which would translate to 40,000 people as a percentage of the population of Montreal today. Of that number, 108 were court-martialled following which 12 were executed and 58 were exiled. This is not including the hundreds who were forced to flee to the U.S. to escape arrest, including 10 accused of "murder" and who faced the death penalty if they ever returned.

For his part, the leader of the Marxist-Leninist Party Comrade Hardial Bains also proposed how the preamble of the Constitution of Quebec might read:

We, the people of Quebec, exercising our inviolable and inalienable right as a sovereign people with collective rights irrespective of the languages we speak, the religions we practice, the ideologies and political opinions we hold on basic values and social objectives, or other attributes such as skin colour, national background, gender, age, lifestyle, ability, wealth or social position, hereby declare the formation of the Republic of Quebec, a modern nation-state and polity in which all citizens enjoy equal rights and duties and all minority rights based on concrete objective reality are recognized as inviolable and inalienable.

In this modern nation-state and polity, our collective rights reign supreme, and the rights of individuals are protected by passing legislation which harmonizes them with the general well-being of society.

In this modern nation-state and polity, the people are sovereign and set the fundamental law and govern themselves as we have done by means of the referendum through which we expressed our collective will to establish our modern nation-state and polity.

Our action from now as a sovereign people is to collectively establish state structures according to this law of the land, the Constitution of the Republic of Quebec, and begin to govern ourselves on the basis of this Constitution.

As a sovereign people prepared to enter the third millennium with our own modern nation-state and polity based on the exercise of our collective rights, we greet the peoples of all lands on this solemn occasion and wish them success in all their endeavours. We convey to them that they will always find in the Republic of Quebec fraternal feelings of friendship and solidarity, and we pledge that no evil will come to them from Quebec.

We particularly wish the people of Canada, with whom we have shared weal and woe for more than a century, every success in their own project of nation-building, and we extend our hand of cooperation in every way.

The Republic of Quebec, expressing the collective will of the people of Quebec, dedicates all its structures to the restoration of the hereditary rights of the First Nations which live within the boundaries of Quebec territory.

May the Republic of Quebec always remain in the front ranks of the world community to safeguard peace, security and prosperity on the basis of the principle that the good fortune of all is the condition for our good fortune.

What all this shows is that the experience of nation-building must be discussed in its entirety. How can it be used as a political football according to party interests?

(* Translated by TML. Published in TML Daily, May 23, 2005 - No. 88)

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