George Brown Part 9

A British commission was issued on March 17th, 1874, appointing Sir Edward Thornton, British minister at Washington, and Mr. Brown, as joint plenipotentiaries to negotiate a treaty of fisheries, commerce and navigation with the government of the United States. This mode of representation was insisted upon by the Mackenzie government, in view of the unsatisfactory result of the negotiations of 1871, when Sir John A. Macdonald, as one commissioner out of six, made a gallant but unsuccessful fight for the rights of Canada. Mr. Brown was selected, not only because of his knowledge of and interest in reciprocity, but because of his att.i.tude during the war, which had made him many warm friends among those who opposed slavery and stood for the union.

Negotiations were formally opened on March 28th. The Canadians proposed the renewal of the old reciprocity treaty, and the abandonment of the fishery arbitration. The American secretary of state, Mr. Fish, suggested the enlargement of the Canadian ca.n.a.ls, and the addition of manufactures to the free list. The Canadian commissioners having agreed to consider these proposals, a project of a treaty was prepared to form a basis of discussion. It provided for the renewal of the old reciprocity treaty for twenty-one years, with the addition of certain manufactures; the abandonment of the fishery arbitration; complete reciprocity in coasting; the enlargement of the Welland and St. Lawrence ca.n.a.ls; the opening of the Canadian, New York, and Michigan ca.n.a.ls to vessels of both countries; the free navigation of Lake Michigan; the appointment of a joint commission for improving waterways, protecting fisheries and erecting lighthouses on the Great Lakes. Had the treaty been ratified, there would have been reciprocity in farm and other natural products, and in a very important list of manufactures, including agricultural implements, axles, iron, in the forms of bar, hoop, pig, puddled, rod, sheet or sc.r.a.p; iron nails, spikes, bolts, tacks, brads and springs; iron castings; locomotives and railroad cars and trucks; engines and machinery for mills, factories and steamboats; fire-engines; wrought and cast steel; steel plates and rails; carriages, carts, wagons and sleighs; leather and its manufactures, boots, shoes, harness and saddlery; cotton grain bags, denims, jeans, drillings, plaids and ticking; woollen tweeds; cabinet ware and furniture, and machines made of wood; printing paper for newspapers, paper-making machines, type, presses, folders, paper cutters, ruling machines, stereotyping and electrotyping apparatus. In general terms, it was as near to unrestricted reciprocity as was possible without raising the question of discriminating against the products of Great Britain.

Mr. Brown found that American misapprehensions as to Canada, its revenue, commerce, shipping, railways and industries were "truly marvellous." It was generally believed that the trade of Canada was of little value to the United States; that the reciprocity treaty had enriched Canada at their expense; and that the abolition of the treaty had brought Canada nearly to its wits' end. There was some excuse for these misapprehensions. Until confederation, the trade returns from the different provinces were published separately, if at all. No clear statement of the combined traffic of the provinces with the United States was published until 1874, and even Canadians were ignorant of its extent. American protectionists founded a "balance of trade"

argument on insufficient data. They saw that old Canada sold large quant.i.ties of wheat and flour to the United States, but not that the United States sent larger quant.i.ties to the Maritime Provinces; that Nova Scotia and Cape Breton sold coal to Boston and New York, but not that five times as much was sent from Pennsylvania to Canada. Brown prepared a memorandum showing that the British North American provinces, from 1820 to 1854, had bought one hundred and sixty-seven million dollars worth of goods from the United States, and the United States only sixty-seven million dollars worth from the provinces; that in the thirteen years of the treaty, the trade between the two countries was six hundred and thirty million dollars according to the Canadian returns, and six hundred and seventy million dollars according to the American returns; and that the so-called "balance of trade" in this period was considerably against Canada. It was shown that the repeal of the treaty did not ruin Canadian commerce; that the external trade of Canada which averaged one hundred and fifteen million dollars a year from 1854 to 1862, rose to one hundred and forty-two million dollars in the year following the abrogation, and to two hundred and forty million dollars in 1873. In regard to wheat, flour, provisions, and other commodities of which both countries had a surplus, the effect of the prohibitory American duties had been to send the products of Canada to compete with those of the United States in neutral markets.

This memorandum was completed on April 27th and was immediately handed to Mr. Fish. It was referred to the treasury department, where it was closely examined and admitted to be correct. From that time there was a marked improvement in American feeling.

Brown also carried on a vigorous propaganda in the newspapers. In New York the _Tribune_, _Herald_, _Times_, _World_, _Evening Post_, _Express_, _Journal of Commerce_, _Graphic_, _Mail_, and other journals, declared in favour of a new treaty; and in Boston, Chicago, St. Louis, Cincinnati and other large cities, the press was equally favourable. A charge originated in Philadelphia and was circulated in the United States and Canada, that this unanimity of the press was obtained by the corrupt use of public money. Mr. Brown, in his speech in the senate of Canada denied this; said that not a shilling had been spent illegitimately, and that the whole cost of the negotiation to the people of Canada would be little more than four thousand dollars.

In his correspondence Brown speaks of meeting Senator Conkling, General Garfield and Carl Schurz, all of whom were favourable.

Secretary Fish is described as courteous and painstaking, but timid and lacking in grasp of the subject, and Brown speaks impatiently of the delays that are throwing the consideration of the draft treaty over to the end of the session of congress.

It did not reach the senate until two days before adjournment. "The president" wrote Mr. Brown on June 20th, "sent a message to the senate with the treaty, urging a decision before the adjournment of congress.

I thought the message very good; but it has the defect of not speaking definitely of this message as his own and his government's and calling on the senate to sustain him. Had he done this, the treaty would have been through now. But now, with a majority in its favour, there seems some considerable danger of its being thrown over until December." The treaty was sent to the Foreign Relations Committee of the senate.

"There were six present; three said to be for us, one against, and two for the measure personally, but wanted to hear from the country before acting. How it will end, no one can tell." As a matter of fact it ended there and then, as far as the United States were concerned.

Of the objections urged against the treaty in Canada, the most significant was that directed against the free list of manufactures.

This was, perhaps, the first evidence of the wave of protectionist sentiment that overwhelmed the Mackenzie government. In his speech in the senate, in 1875, justifying the treaty, Mr. Brown said: "Time was in Canada when the imposition of duty on any article was regarded as a misfortune, and the slightest addition to an existing duty was resented by the people. But increasing debt brought new burdens; the deceptive cry of 'incidental protection' got a footing in the land; and from that the step has been easy to the bold demand now set up by a few favoured industries, that all the rest of the community ought to be, and should rejoice to be, taxed seventeen and a half per cent, to keep them in existence."

Brown joined issue squarely with the protectionists. "I contend that there is not one article contained in the schedules that ought not to be wholly free of duty, either in Canada or the United States, in the interest of the public. I contend that the finance minister of Canada who--treaty or no treaty with the United States--was able to announce the repeal of all customs duties on the entire list of articles in Schedules A, B, and C,--even though the lost revenue was but shifted to articles of luxury, would carry with him the hearty grat.i.tude of the country. Nearly every article in the whole list of manufactures is either of daily consumption and necessity among all cla.s.ses of our population, or an implement of trade, or enters largely into the economical prosecution of the main industries of the Dominion." The criticism of the sliding scale, of which so much was heard at the time, was only another phase of the protectionist objection. The charge that the treaty would discriminate in favour of American against British imports was easily disposed of. Brown showed that every article admitted free from the United States would be admitted free from Great Britain. But as this meant British as well as American compet.i.tion, it made the case worse from the protectionist point of view. The rejection of the treaty by the United States left a clear field for the protectionists in Canada.

Four years after Mr. Brown's speech defending the treaty, he made his last important speech in the senate, and almost the last public utterance of his life, attacking Tilley's protectionist budget, and nailing his free-trade colours to the mast.

CHAPTER XXIII

CANADIAN NATIONALISM

It will be remembered that after the victory won by the Reformers in 1848, there was an outbreak of radical sentiment, represented by the Clear Grits in Upper Canada and by the Rouges in Lower Canada. It may be more than a coincidence that there was a similar stirring of the blood in Ontario and in Quebec after the Liberal victory of 1874. The founding of the _Liberal_ and of the _Nation_, of the National Club and of the Canada First a.s.sociation, Mr. Blake's speech at Aurora, and Mr. Goldwin Smith's utterances combined to mark this period as one of extraordinary intellectual activity. Orthodox Liberalism was disquieted by these movements. It had won a great, and as was then believed, a permanent victory over Macdonald and all that he represented, and it had no sympathy with a disturbing force likely to break up party lines, and to lead young men into new and unknown paths.

The platform of Canada First was not in itself revolutionary. It embraced, (1) British connection; (2) closer trade relations with the British West India Islands, with a view to ultimate political connection; (3) an income franchise; (4) the ballot, with the addition of compulsory voting; (5) a scheme for the representation of minorities; (6) encouragement of immigration and free homesteads in the public domain; (7) the imposition of duties for revenue so adjusted as to afford every possible encouragement to native industry; (8) an improved militia system under command of trained Dominion officers; (9) no property qualifications in members of the House of Commons; (10) reorganization of the senate; (11) pure and economic administration of public affairs. This programme was severely criticized by the _Globe_. Some of the articles, such as purity and economy, were scornfully treated as commonplaces of politics. "Yea, and who knoweth not such things as these." The framers of the platform were rebuked for their presumption in setting themselves above the old parties, and were advised to "tarry in Jericho until their beards be grown."

But the letter of the programme did not evince the spirit of Canada First, which was more clearly set forth in the prospectus of the _Nation_. There it was said that the one thing needful was the cultivation of a national spirit. The country required the stimulus of patriotism. Old prejudices of English, Scottish, Irish and German people were crystallized. Canadians must a.s.sert their nationality, their position as members of a nation. These and other declarations were a.n.a.lyzed by the _Globe_, and the heralds of the new gospel were pressed for a plainer avowal of their intentions. Throughout the editorial utterances of the _Globe_ there was shown a growing suspicion that the ulterior aim of the Canada First movement was to bring about the independence of Canada. The quarrel came to a head when Mr. Goldwin Smith was elected president of the National Club. The _Globe_, in its issue of October 27th, 1874, brought its heaviest artillery to bear on the members of the Canada First party. It accused them of lack of courage and frankness. When brought to book as to their principles, it said, they repudiated everything. They repudiated nativism; they repudiated independence; they abhorred the very idea of annexation. The movement was without meaning when judged by these repudiations, but was very significant and involved grave practical issues when judged by the practices of its members. They had talked loudly and foolishly of emanc.i.p.ation from political thraldom, as if the present connection of Canada with Great Britain were a yoke and a burden too heavy and too galling to be borne. They had adopted the plank of British connection by a majority of only four. They had chosen as their standard-bearer, their prophet and their president, one whose chief claim to prominence lay in the persistency with which he had advocated the breaking up of the British empire. Mr. Goldwin Smith had come into a peaceful community to do his best for the furtherance of a cause which meant simply revolution. The advocacy of independence, said the _Globe_, could not be treated as an academic question. It touched every Canadian in his dearest and most important relations. It jeopardized his material, social and religious interests. Canada was not a mere dead limb of the British tree, ready to fall of its own weight. The union was real, and the branch was a living one. Great Britain, it was true, would not fight to hold Canada against her will, but if the great ma.s.s of Canadians believed in British connection, those who wished to break the bond must be ready to take their lives in their hands. The very proposal to cut loose from Britain would be only the beginning of trouble. In any case what was sought was revolution, and those who preached it ought to contemplate all the possibilities of such a course. They might be the fathers and founders of a new nationality, but they might also be simply mischief-makers, whose insignificance and powerlessness were their sole protection, who were not important enough for "either a traitor's trial or a traitor's doom."

Mr. Goldwin Smith's reply to this attack was that he was an advocate, not of revolution but of evolution. "Gradual emanc.i.p.ation," he said, "means nothing more than the gradual concession by the mother country to the colonies of powers of self-government; this process has already been carried far. Should it be carried further and ultimately consummated, as I frankly avow my belief it must, the mode of proceeding will be the same that it has always been. Each step will be an Act of parliament pa.s.sed with the a.s.sent of the Crown. As to the filial tie between England and Canada, I hope it will endure forever."

Mr. Goldwin Smith's views were held by some other members of the Canada First party. Another and a larger section were Imperialists, who believed that Canada should a.s.sert herself by demanding a larger share of self-government within the empire, and by demanding the privileges and responsibilities of citizens of the empire. The bond that united the Imperialists and the advocates of independence was national spirit. This was what the _Globe_ failed to perceive, or at least to recognize fully. Its article of October 27th is powerful and logical, strong in sarcasm and invective. It displays every purely intellectual quality necessary for the treatment of the subject, but lacks the insight that comes from imagination and sympathy. The declarations of those whose motto was "Canada first," could fairly be criticized as vague, but this vagueness was the result, not of cowardice or insincerity, but of the inherent difficulty of putting the spirit of the movement into words. A youth whose heart is stirred by all the aspirations of coming manhood, "yearning for the large excitement that the coming years would yield," might have the same hesitation in writing down his yearnings and aspirations on a sheet of paper, and might be as unwisely snubbed by his elders.

The greatest intellect of the Liberal party felt the impulse. At Aurora Edward Blake startled the more cautious members of the party by advocating the federation of the empire, the reorganization of the senate, compulsory voting, extension of the franchise and representation of minorities. His real theme was national spirit.

National spirit would be lacking until we undertook national responsibilities. He described the Canadian people as "four millions of Britons who are not free." By the policy of England, in which we had no voice or control, Canada might be plunged into the horrors of war. Recently, without our consent, the navigation of the St. Lawrence had been ceded forever to the United States. We could not complain of these things unless we were prepared to a.s.sume the full responsibilities of citizenship within the empire. The young men of Canada heard these words with a thrill of enthusiasm, but the note was not struck again. The movement apparently ceased, and politics apparently flowed back into their old channels. But while the name, the organization and the organs of Canada First in the press disappeared, the force and spirit remained, and exercised a powerful influence upon Canadian politics for many years.

There can be little doubt that the Liberal party was injured by the uncompromising hostility which was shown to the movement of 1874.

Young men, enthusiasts, bold and original thinkers, began to look upon Liberalism as a creed harsh, dry, tyrannical, unprogressive and hostile to new ideas. When the independent lodgment afforded by Canada First disappeared, many of them drifted over to the Conservative party, whose leader was shrewd enough to perceive the strength of the spirit of nationalism, and to give it what countenance he could.

Protection triumphed at the polls in 1878, not merely by the use of economic arguments, but because it was heralded as the "National Policy" and hailed as a declaration of the commercial independence of Canada. A few years later the legislation for the building of the Canadian Pacific Railway, bold to the point of rashness, as it seemed, and unwise and improvident in some of its provisions, was heartily approved by the country, because it was regarded as a measure of national growth and expansion. The strength of the Conservative party from 1878 to 1891 was largely due to its adoption of the vital principle and spirit of Canada First.

The _Globe's_ attacks upon the Canada First party also had the effect of fixing in the public mind a picture of George Brown as a dictator and a relentless wielder of the party whip, a picture contrasting strangely with those suggested by his early career. He had fought for responsible government, for freedom from clerical dictation; he had been one of the boldest of rebels against party discipline; he had carelessly thrown away a great party advantage in order to promote confederation; he had been the steady opponent of slavery. In 1874 the Liberals were in power both at Ottawa and at Toronto, and Mr.

Brown may not have been free from the party man's delusion that when his party is in power all is well, and agitation for change is mischievous. Canada First threatened to change the formation of political parties, and seemed to him to threaten a change in the relations of Canada to the empire. But these explanations do not alter the fact that his att.i.tude caused the Liberal party to lose touch with a movement characterized by intellectual keenness and generosity of sentiment, representing a real though ill-defined national impulse, and destined to leave its mark upon the history of the country.

CHAPTER XXIV

LATER YEARS

In the preceding chapters it has been necessary to follow closely the numerous public movements with which Brown was connected. Here we may pause and consider some incidents of his life and some aspects of his character which lie outside of these main streams of action. First, a few words about the Brown household. Of the relations between father and son something has already been said. Of his mother, Mr. Alexander Mackenzie says: "We may a.s.sume that Mr. Brown derived much of his energy, power and religious zeal from his half Celtic origin: these qualities he possessed in an eminent degree, united with the proverbial caution and prudence of the Lowlander." The children, in the order of age, were Jane, married to Mr. George Mackenzie of New York; George; Isabella, married to Mr. Thomas Henning; Katherine, who died unmarried; Marianne, married to the Rev. W. S. Ball; and John Gordon. There were no idlers in that family. The publication of the _Globe_ in the early days involved a tremendous struggle. Peter Brown lent a hand in the business as well as in the editorial department of the paper. A good deal of the writing in the _Banner_ and the early _Globe_ seems to bear the marks of his broad Liberalism and his pa.s.sionate love of freedom. Gordon entered the office as a boy, and rose to be managing editor. Three of the daughters conducted a ladies'

school, which enjoyed an excellent reputation for thoroughness.

Katherine, the third daughter, was killed in a railway accident at Syracuse; and the shock seriously affected the health of the father, who died in 1863. The mother had died in the previous year.

By these events and by marriages the busy household was broken up.

George Brown, as we have seen, married in 1862, and from that time until his death his letters to his wife and children show an intense affection and love of home. After her husband's death Mrs. Brown resided in Edinburgh, where she died on May 6th 1906. The only son, George M. Brown, was, in the last parliament, member of the British House of Commons for Centre Edinburgh, and is one of the firm of Thomas Nelson & Sons, publishers. In the same city reside two daughters, Margaret, married to Dr. A. F. H. Barbour, a well-known physician, and writer on medicine; and Edith, wife of George Sandeman.

Among other survivors are, E. B. Brown, barrister, Toronto; Alfred S.

Ball, K.C., police magistrate, Woodstock; and Peter B. Ball, commercial agent for Canada at Birmingham, nephews of George Brown.

From 1852 George Brown was busily engaged in public life, and a large part of the work of the newspaper must have fallen on other shoulders.

There are articles in which one may fancy he detects the French neatness of William Macdougall. George Sheppard spoke at the convention of 1859 like a statesman; and he and Macdougall had higher qualities than mere facility with the pen. Gordon Brown gradually grew into the editorship. "He had" says Mr. E. W. Thomson, writing of a later period, "a singular power of utilizing suggestions, combining several that were evidently not a.s.sociated, and indicating how they could be merged in a striking manner. He seems to me now to have been the greatest all-round editor I have yet had the pleasure of witnessing at work, and in the political department superior to any of the old or of the new time in North America, except only Horace Greeley." But Mr. Thomson thinks that like most of the old-timers he took his politics a little too hard. Mr. Gordon Brown died in June, 1896.

Mr. Brown regarded his defeat in South Ontario in 1867, as an opportunity to retire from parliamentary life. He had expressed that intention several months before. He wrote to Holton, on May 13th, 1867, "My fixed determination is to see the Liberal party re-united and in the ascendant, and then make my bow as a politician. As a journalist and a citizen, I hope always to be found on the right side and heartily supporting my old friends. But I want to be free to write of men and things without control, beyond that which my conscientious convictions and the interests of my country demand. To be debarred by fear of injuring the party from saying that--is unfit to sit in parliament and that--is very stupid, makes journalism a very small business. Party leadership and the conducting of a great journal do not harmonize."

In his speech at the convention of 1867 he said that he had looked forward to the triumph of representation by population as the day of his emanc.i.p.ation from parliamentary life, but that the case was altered by the proposal to continue the coalition, involving a secession from the ranks of the Liberal party. In this juncture it was necessary for Liberals to unite and consult, and if it were found that his continuance in parliamentary life for a short time would be a service to the party, he would not refuse. It would be impossible, however, for him to accept any official position, and he did not wish, by remaining in parliament, to stand in the way of those who would otherwise become leaders of the party. He again emphasized the difficulty of combining the functions of leadership of a party and management of a newspaper. "The sentiments of the leader of a party are only known from his public utterances on public occasions. If a wrong act is committed by an opponent or by a friend, he may simply shrug his shoulders." But it was otherwise with the journalist. He had been accused of fierce a.s.saults on public men. "But I tell you if the daily thoughts and the words daily uttered by other public men were written in a book as mine have been, and circulated all over the country, there would have been a very different comparison between them and myself. I have had a double duty to perform. If I had been simply the leader of a party and had not controlled a public journal, such things would not have been left on record. I might have pa.s.sed my observations in private conversation, and no more would have been heard of them. But as a journalist it was necessary I should speak the truth before the people, no matter whether it helped my party or not; and this, of course, reflected on the position of the party.

Consequently, I have long felt very strongly that I had to choose one position or the other--that of a leader in parliamentary life, or that of a monitor in the public press--and the latter has been my choice being probably more in consonance with my ardent temperament, and at the same time, in my opinion, more influential; for I am free to say that in view of all the grand offices that are now talked of--governorships, premierships and the like--I would rather be editor of the _Globe_, with the hearty confidence of the great ma.s.s of the people of Upper Canada, than have the choice of them all."

Of Mr. Brown's relations with the parliamentary leaders after his retirement, Mr. Mackenzie says: "Nor did he ever in after years attempt to control or influence parliamentary proceedings as conducted by the Liberals in opposition, or in the government; while always willing to give his opinion when asked on any particular question, he never volunteered his advice. His opinions, of course, received free utterance in the _Globe_, which was more unfettered by reason of his absence from parliamentary duties; though even there it was rarely indeed that any articles were published which were calculated to inconvenience or discomfort those who occupied his former position."[21]

Left comparatively free to follow his own inclinations, Brown plunged into farming, spending money and energy freely in the raising of fine cattle on his Bow Park estate near Brantford, an extensive business which ultimately led to the formation of a joint stock company. The province of Ontario, especially western Ontario, was for him the object of an intense local patriotism. He loved to travel over it and to meet the people. It was noticed in the _Globe_ office that he paid special attention to the weekly edition of the paper, as that which reached the farming community. His Bow Park enterprise gave him an increased feeling of kinship and sympathy with that community, and he delighted in showing farmers over the estate. It would be hard to draw a more characteristic picture than that of the tall senator striding over the fields, talking of cattle and crops with all the energy with which he was wont to denounce the Tories.

Brown was appointed to the senate in December, 1873. Except for the speech on reciprocity, which is dealt with elsewhere, his career there was not noteworthy. He seems to have taken no part in the discussion on Senator Vidal's resolution in favour of prohibition, or on the Scott Act, a measure for introducing prohibition by local option. A popular conception of Brown as an ardent advocate of legislative prohibition may have been derived from some speeches made in his early career, and from an early prospectus of the _Globe_. On the bill providing for government of the North-West Territories he made a speech against the provision for separate schools, warning the House that the effect would be to fasten these inst.i.tutions on the West in perpetuity.

In 1876 Senator Brown figured in a remarkable case of contempt of court. A Bowmanville newspaper had charged Senator Simpson, a political ally of Brown, with resorting to bribery in the general election of 1872. It published also a letter from Senator Brown to Senator Simpson, asking him for a subscription towards the Liberal campaign fund. On Senator Simpson's application, Wilkinson, the editor of the paper, was called upon to show cause why a criminal information should not issue against him for libel. The case was argued before the Queen's Bench, composed of Chief-Justice Harrison, Justice Morrison, and Justice Wilson. The judgment of the court delivered by the chief-justice was against the editor in regard to two of the articles complained of and in his favour in regard to the third. In following the chief-justice, Mr. Justice Wilson took occasion to refer to Senator Brown's letter and to say that it was written with corrupt intent to interfere with the freedom of elections.

Brown was not the man to allow a charge of this kind to go unanswered, and in this case there were special circ.u.mstances calculated to arouse his anger. The publication of his letter in the Bowmanville paper had been the signal for a fierce attack upon him by the Conservative press of the province. It appeared to him that Justice Wilson had wantonly made himself a partic.i.p.ant in this attack, lending the weight of his judicial influence to his enemies. Interest was added to the case by the fact that the judge had been in previous years supported by the _Globe_ in munic.i.p.al and parliamentary elections. He had been solicitor-general in the Macdonald-Sicotte government from May 1862 to May 1863. Judge Morrison had been solicitor-general under Hincks, and afterwards a colleague of John A. Macdonald. Each of them, in this case, took a course opposite to that which might have been expected from old political a.s.sociations.

A few days afterwards the _Globe_ contained a long, carefully prepared and powerful attack upon Mr. Justice Wilson. Beginning with a tribute to the Bench of Ontario, it declared that no fault was to be found with the judgment of the court, and that the offence lay in the gratuitous comments of Mr. Justice Wilson.

"No sooner had the chief-justice finished than Mr. Justice Wilson availed himself of the occasion to express his views of the matter with a freedom of speech and an indifference to the evidence before the court and an indulgence in a.s.sumptions, surmises and insinuations, that we believe to be totally unparalleled in the judicial proceedings of any Canadian court."

The article denied that the letter was written with any corrupt intent, and it stated that the entire fund raised by the Liberal party in the general election of 1872 was only three thousand seven hundred dollars, or forty-five dollars for each of the eighty-two const.i.tuencies. "This Mr. Justice Wilson may rest a.s.sured of: that such slanders and insults shall not go unanswered, and if the dignity of the Bench is ruffled in the tussle, on his folly shall rest the blame. We cast back on Mr. Wilson his insolent and slanderous interpretation. The letter was not written for corrupt purposes. It was not written to interfere with the freedom of elections. It was not an invitation to anybody to concur in committing bribery and corruption at the polls; and be he judge or not who says so, this statement is false."

The writer went on to contend that there were perfectly legitimate expenditures in keenly contested elections. "Was there no such fund when Mr. Justice Wilson was in public life? When the hat went round in his contest for the mayoralty, was that or was it not a concurrence in bribery or corruption at the polls?" Mr. Justice Wilson had justified his comment by declaring that he might take notice of matters with which every person of ordinary intelligence was acquainted. Fastening upon these words the _Globe_ asked, "How could Mr. Justice Wilson in his hunt for things which every person of ordinary intelligence is acquainted with, omit to state that while the entire general election fund of the Liberal party for that year (1872) was but three thousand seven hundred dollars, raised by subscription from a few private individuals, the Conservative fund on the same occasion amounted to the enormous sum of two hundred thousand dollars, raised by the flagitious sale of the Pacific Railway contract to a band of speculators on terms disastrous to the interests of the country."

In another vigorous paragraph the writer said: "We deeply regret being compelled to write of the conduct of any member of the Ontario Bench in the tone of this article, but the offence was so rank, so reckless, so utterly unjustifiable that soft words would have but poorly discharged our duty to the public."

No proceedings were taken in regard to this article until about five months afterwards, when Mr. Wilkinson, the editor of the Bowmanville paper, applied to have Mr. Brown committed for contempt of court. The judge a.s.sailed took no action and the case was tried before his colleagues, Chief-Justice Harrison and Judge Morrison. Mr. Brown appeared in person and made an argument occupying portions of two days. He pointed out that the application had been delayed five months after the publication of the article. He contended that Wilkinson was not prejudiced by the _Globe_ article and had no standing in the case. In a lengthy affidavit he entered into the whole question of the expenditure of the two parties in the election of 1872, including the circ.u.mstances of the Pacific Scandal. He repeated on oath the statement made in the article that his letter was not written with corrupt intent; that the subscription asked for was for legitimate purposes and that it was part of a fund amounting to only three thousand seven hundred dollars for the whole province of Ontario. He boldly justified the article as provoked by Mr. Justice Wilson's dictum and by the use that would be made of it by hostile politicians. The judge had chosen to intervene in a keen political controversy whose range extended to the Pacific Scandal; and in defending himself from his enemies and the enemies of his party, Brown was forced to answer the judge. He argued that to compel an editor to keep silence in such a case, would not only be unjust to him, but contrary to public policy. For instance, the discussion of a great public question such as that involved in the Pacific Scandal, might be stopped upon the application of a party to a suit in which that question was incidentally raised.