The French Métis were moving too quickly for the other residents of Red River, who were, quite frankly, stunned. So was everyone else. Riel had successfully blocked the plans of Great Britain and Canada and halted the largest peaceful land transfer in the world. The surprise and anger of the Canadian Party and Canadian politicians, including Prime Minister Macdonald, came in no small part from their racism, which they bragged about in the press. The prime minister thought he could entice Riel to come to Ottawa, where he would soon be one “gone coon.”1 Simply put, they all had trouble believing that Riel and the Métis had successfully got the upper hand.
Up until now the French Métis had been acting alone. But Riel knew he could not force negotiations with Canada unless he had the backing of the English Métis and the other residents of Red River. He sent a public notice inviting the parishes to send representatives to form a council. The notice announced a gathering of representatives of all the people of Red River, including St. Peters parish, an Ojibwa community. Every representative could speak and vote—every male representative, that is.
In the days leading up to the November 16 meeting, rumours about the rifles continued to float around Red River, and the Métis began to search for them in each trader’s cart that passed through La Barrière. The traders didn’t take kindly to these searches. Riel and Bruce successfully made the rounds trying to persuade the English Métis to leave McDougall to cool his heels in Pembina. The English Métis made small noises about sending a delegation to welcome McDougall, but when the Canadian Party tried to raise an escort, their efforts mustered fewer than fifty men.
THE CONVENTIONS
The meeting in November was the start of three months of conventions. From mid-November 1869 to the end of January 1870, the citizens of Red River convened repeatedly in an attempt to hammer out a negotiating position. At the first convention twenty-four delegates met. The Métis celebrated the beginning of the convention with a feu de joie, a twenty-four-gun salute (twelve for the English, twelve for the French), a burst of enthusiasm not much appreciated by the English Métis. But the French Métis were undaunted; they were enthusiastic and happy. They had succeeded in bringing the English Métis and the French Métis together.
All residents of Red River agreed with the basic complaint of the Métis. They may not have agreed with the methods used by the French Métis, but they were all of one mind when it came to disapproval of the Canadian Party and the way the transfer was proceeding without their input. That’s why they came when Riel called them.
The delegates settled in and the debate began.2 They didn’t agree on the next steps. The English Métis wanted elections; the French Métis wanted to ascertain the intentions of both sides first. The English Métis wanted the French Métis to lay down their arms, vacate the fort and let McDougall into Red River. The French Métis said no. They had always protected their interests and the colony with arms. They had learned from experience that to be sure of peace, they had to prepare for war. Occupying the fort was necessary, and opposition to McDougall’s entry was even more necessary. The French Métis would not let their liberties pass to an alien power before assuring them. Riel’s notes, which are the only record of the convention, describe what followed as “animated discussion.”3
The two most able men in the room controlled the debate, Louis Riel for the French Métis and James Ross for the English Métis. They were both persuasive and cogent, but neither scored a decisive argument that captured everyone. At the end of the day, the delegates read a proclamation from Hudson’s Bay Company governor McTavish. It scolded the Métis, saying they should have adopted “lawful and constitutional means, which, under the enlightened rule of Her Most Gracious Majesty our Queen, are sufficient for the ultimate attainment of every object that rests upon reason and justice.”4 But there were no lawful and constitutional means for the about-to-be-colonized to negotiate the terms that would transfer their government, their people and their land from one country to another. Day one of the convention adjourned with no resolution on anything.
Day two continued with the Riel-Ross debate and then adjourned for the quarterly court session, during which John Snow, the road relief manager, was fined for his extracurricular activities of selling alcohol to the Ojibwa (to induce them to sell their land title). It was one of the cases the Métis wanted the court to deal with. This was Augustin Nolin’s business. The French Métis would set aside the convention to accommodate the injustices inflicted on the Sainte-Anne-des-Chênes Métis, the Nolin family and the Ojibwa.
On November 19, 1869, the Hudson’s Bay Company surrendered its charter to the Imperial Government, and Canada finally woke up to the situation it had created and claimed to have under control. Prime Minister Macdonald sent out two commissioners, Lieutenant-Colonel Charles de Salaberry and Father Thibault, men Macdonald believed would be able to exercise some moral suasion over Riel. But the commissioners had no authority to do anything about the terms on which the North-West would join Canada. The prime minister suggested putting two leading Métis on the council and offering Riel a position as an officer in the future police. Macdonald was trying to get away with tokenism to get McDougall into Red River.
Meanwhile the convention continued with the Riel-Ross debate. One must admire the sheer perseverance of these men and their faith that differences can be resolved by means of debate. But at the end of day four, Riel’s notes say, “No understanding, little hope of one.”5
RIEL PROPOSES A PROVISIONAL GOVERNMENT
The French Métis then took full possession of Fort Garry and began to discuss the formation of a provisional government. Riel wanted to force Canada to negotiate with a public body, but his own people were initially reluctant. Establishing a government, even a provisional one, might be seen as a rebellion against the queen. After seven long hours the French Métis delegates finally agreed to establish a provisional government, but only after Riel promised not to announce it until after December 1, the day on which the transfer from Great Britain to Canada was scheduled to take place. The decision suggests that the Métis were reluctant to be seen as rebels against Great Britain but were perhaps more willing to assume that role against Canada. In the course of the debate, Riel also proposed seizing the Company accounts. No one agreed with that.
On day five of the convention, the English representatives learned about the full occupation of the fort and hesitated before reconvening. Still, they did appear. Riel proposed the formation of a provisional government and invited the English to join. The government would be composed equally of French and English, and he stressed it would only be provisional. The English delegates demurred. They had no authority to agree to such a proposal. The convention adjourned to allow the English to consult with the people in their parishes.
The French Métis then seized the Company provisions, strongbox and books at Fort Garry. Riel had finally persuaded them that they needed money to feed their men. Many of the French Métis were greatly disturbed by this move. Even Lépine, one of Riel’s strongest supporters, didn’t like it. Riel kept them on his side, barely, by characterizing it as a loan. Credit was a system they were well used to. It was how the Company invested in the buffalo hunt. The Métis would have taken that seriously. It was a promise that the money would be fully accounted for and paid back. They were confident they were going to win, and with local control they could make things right with the Company later, if it was still around. No one inquired into just how the payback would be accomplished if they failed.
The English Métis were outraged by the move and refused to come to the next meeting of the convention. Still trying desperately to become even a bit player in the local politics of Red River, the Canadian Party circulated a public statement saying they were willing to do everything in their power to conciliate the parties if the French put down their arms. No one paid any attention.
In the absence of public meetings, men met in private to discuss a counter-proposal to Riel’s provisional government. The idea was to set up an executive council to negotiate terms with Canada upon which Red River would enter Confederation. The difference was in the name—“council” versus “government.” Riel never liked the council proposal. Such a body had no authority. Riel made a rousing speech arguing for a provisional government. The movement was wholly French, but he invited the English to join. They would not coerce anyone and they would not interfere with anyone’s rights. Riel’s speech roused everyone, and apparently even Schultz applauded. They may have applauded, but they still disagreed with him about a provisional government. Under pressure from all sides, Riel reluctantly agreed to abandon his provisional government idea and set up an executive council. Everyone breathed a sigh of relief.
Meanwhile Prime Minister Macdonald was having second thoughts about accepting Rupert’s Land and the North Western Territory from Great Britain. He wanted the land with peaceful possession. He didn’t want to pay £300,000 for a hornets’ nest, and he really didn’t want the financial burden of suppressing the unruly Métis. So he delayed the transfer without informing anyone in Red River—not even his would-be governor.
On December 1, 1869, in the wee hours of the morning, McDougall sneaked across the border and read a proclamation to the night wind, the stars and the lone prairie, that all should take notice and act accordingly. Then he ran back over the border, and his nickname changed from Wandering Willie to Silly Wandering Willie.
THE FIRST LIST OF RIGHTS
McDougall’s proclamation was distributed throughout Red River. There was some skepticism about the authenticity of his proclamation, but because no one knew the transfer had been delayed, there appeared to be no reason to doubt his bona fides. The English Métis and the French Métis were still at odds, though. Riel said that if McDougall would guarantee their rights, he would escort McDougall in himself. That raised the question of just what the rights were. So, the French Métis took up the pen and began drafting a List of Rights.
The List of Rights is notable for the absence of any mention of the Métis Nation. The explanation lies in the need to be inclusive of all the residents of Red River. The conventions brought the residents of Red River together to negotiate the terms of a public government, not a Métis-only government. The Métis Nation was operating under the assumption that the majority Métis would form the government they negotiated and would have the jurisdiction to legally protect their rights. The List of Rights reflects this assumption.
The first three clauses demand the right of local control even to the extent of an override of Ottawa’s hand-picked executive. This would provide the Métis Nation with the jurisdiction and authority to protect itself. Another clause demanded respect and protection for all privileges, customs and usages. This too would provide the legal basis to protect the Métis lands and their customary use practices—specifically, the hay and wood commons. Everyone agreed that the List of Rights formed the basis for a joint claim to be presented to Canada.
Sending the List of Rights to McDougall was the obvious next move. But Riel still wanted a guarantee that the rights would be protected before they let McDougall in. The English Métis said no. They thought Riel and the French Métis were unreasonable. Riel thought the English Métis were too timid. The convention dissolved, but many men tried to persuade Riel that a delegation should go to McDougall. Riel’s party was not opposed, mostly because they all believed the transfer had actually taken place. Discussions about how to approach McDougall were underway when Colonel Dennis and the Canadian Party threw everything into chaos.
THE SPECTRE OF CIVIL WAR
Word came that Colonel Dennis was drilling companies in the English parishes. Schultz had convinced Dennis that the public would rise to his call. The plan was to capture Riel, put Schultz and his friends in control of the settlement and triumphantly parade in the governor. The Ojibwa Chief Prince provided fifty guards, the survey parties were called to the banner, and Major Webb was sent to Portage la Prairie to organize four companies of fifty men each. Major Charles Arkoll Boulton drilled recruits. They wrote to Sir John A. Macdonald that Louis Riel would very soon be a prisoner in the hands of loyal men, or a fugitive from justice.
The French Métis, previously at odds on any number of issues, closed ranks. Riel was warned to stay within the Upper Fort. The French Métis took control of the newspapers and began to search private homes for Canadian Party men and arms. Two Métis who were not sympathetic to the French Métis activists, James McKay and one of the Nolins, tried to find middle ground. They planned to take the List of Rights to McDougall in exchange for proof that his proclamation was authentic. But their plan was doomed from the start because McDougall’s proclamation had no authority. McKay and Nolin weren’t the only ones alarmed at the military nature of the Canadian Party. Judge John Black, still hopeful of the outcome of the convention, flatly refused to support them. James Ross bluntly told Dennis not to get them into a civil war, warning that the English Métis didn’t want to fight their French brothers. James McKay was adamant that he would not fight anyone, not McDougall and certainly not his own people.
When the List of Rights was printed and distributed on December 5, 1869, support for the Canadian Party dissipated. The English Métis liked the list. They could see the demands of the French Métis were not unreasonable. In the end hardly anyone answered the Canadian Party’s call to arms, and within two days Dennis’s force, puny to begin with, dissolved.
Schultz tried to keep sixty armed men in his compound, but three hundred Métis led by Riel forced them to surrender. The attitude and demeanour of Schultz when he finally vacated the compound made Riel and Nault suspicious. It was very cold but curiously there were no fires on. Riel and Nault carefully inspected the compound and found gunpowder stashed everywhere—under beds, wrapped in blankets, tucked into furniture. Likely hoping the Métis would light a fire, Schultz and his men had also stashed gunpowder in the stoves and stovepipes and in the cold ashes. If the Métis had lit a fire, the entire compound would have exploded, taking Riel and his men with it. Schultz and his men had just made a credible effort to kill three hundred Métis.
Forty-five men, including Schultz, were taken as prisoners to Fort Garry.6