The Story of the Upper Canadian Rebellion Part 11

The narrative has no further concern with Francis Collins, except to record that he continued to edit and publish the _Freeman_ down to 1834, when he fell a victim to the cholera invasion by which the Provincial capital was ravaged during that year. He died on the 2nd of September, and the _Freeman_ thenceforth ceased to exist.

FOOTNOTES:

[118] The Attorney-General, John Beverley Robinson, was ever valiant on the stronger side. He tried to induce the a.s.sembly to compel Dr. Horne to insert in the next issue of the _Gazette_ a paragraph in the following words: "From the incompetence or negligence of our reporter, the debates of the House of a.s.sembly inserted in the last number of this paper were so imperfect and so untruly reported that no dependence can be placed in their accuracy." The a.s.sembly, however, were satisfied with the humiliation to which the Doctor had been subjected, and would not compel him to further self-abas.e.m.e.nt.

[119] Mr. Fothergill held the office barely three years, when he was dismissed for voting with the Opposition in the a.s.sembly against the Government. It was an anomaly to permit the King's Printer to hold a seat in the Legislative a.s.sembly, and the Government could hardly be expected to tolerate opposition from such a quarter. Mr. Fothergill was the first inc.u.mbent of the office to develop liberal opinions. He was sufficiently deep in the secrets of the Administration to make him a dangerous opponent if he had felt disposed to wage war to the knife. Of this fact the Administration seem to have taken a sort of oblique cognizance. He had overdrawn his account by 360, and in settling with him this sum was not taken into consideration. In other words, the Government made him a present of 360. His successor in the office of King's Printer was Mr. Robert Stanton.

[120] _Ante_, p. 171.

[121] _Ante_, p. 13.

[122] _Ante_, pp. 171-174.

[123] _Ante_, p. 136.

[124] The charge, as reported by Collins, will be found in the Appendix to the _Journals of a.s.sembly_ for 1829, pp. 27, 28.

[125] _Ante_, p. 42 et seq.

[126] Sir Peregrine was gazetted to be "Lieutenant-Governor of Nova Scotia and its dependencies" on the 14th of August, 1828. On the same date Sir John Colborne was gazetted as Lieutenant-Governor of Upper Canada, but he did not reach the seat of his Government until late in the autumn, and Sir Peregrine did not actually demit office until the arrival of his successor.

[127] William Davenish and Andrew A. Thompson. The former stated that in the event of his being called as a juror he would "put it on to"

Collins. See the _Freeman_ for Thursday December 25th, 1828.

[128] See Appendix to _Journals of a.s.sembly_ for 1829.

[129] _Ante_, pp. 101, 102, note.

CHAPTER X.

LIGHTS--OLD AND NEW.

In the preceding five chapters an attempt has been made to reduce to narrative form a great ma.s.s of heterogeneous material bearing upon the "Story" which it is the purpose of these volumes to relate. A considerable proportion of this material is to all practical intents inaccessible to the general reading public, being scattered here and there through old and long-forgotten newspapers, blue-books, pamphlets and unedited ma.n.u.scripts. Yet some acquaintance with it is absolutely necessary to a clear comprehension of the deplorable state of things which existed in this Province during the regime of Sir Peregrine Maitland and his successor. No one who is ignorant of it is capable of expressing an intelligent opinion as to the merits or demerits of the Rebellion and those who took part therein. The princ.i.p.al facts and circ.u.mstances attendant upon some of the most flagrant exhibitions of Family Compact oppression which mark the fourth decade of Upper Canadian history have therefore been set forth in consecutive order, and with considerable minuteness. The picture thus afforded of Provincial-society and Government, though pregnant with instruction, is by no means an attractive one, and any person contemplating it for the first time may well be excused for questioning its perfect accuracy. The drawing, at times, seems to be too wavy in outline, and some of the details have the appearance of being painted in colours too glaring to be natural. But a strict examination of the properties will correct all such impressions.

Varying themes require varying methods of treatment. There are certain features of landscape which must not be drawn with absolute sharpness of outline, and there are subjects to which neutral tints altogether fail to do justice. Of such a character are more than one of the scenes here reproduced. Independently of the mere method of treatment, the historical evidence is so clear and explicit that it can be questioned by no one who takes the trouble to examine it. As to mere matters of fact, there will be little or no difference of opinion among those who consult and compare the various authorities cited in the notes.[130]

The cases. .h.i.therto recorded are merely a few out of many, but they suffice to tell the story of Executive cruelty and selfishness during the period referred to more effectively than it could possibly be told without their aid. To set forth with equal fulness of detail the circ.u.mstances attendant upon the persecution of Jonah Brown, Robert Randal, Hugh Christopher Thompson, and a round score of minor victims, would be to extend this work to an interminable length. The materials for a work written on such a plan are abundant, as they include all the facts arising out of the stupendous iniquity sought to be perpetrated under the guise of the Alien Bill. The particulars connected with the attempt to force this infamous measure upon the people of Upper Canada cannot be inquired into in these pages. Sufficient to say that it was a most dishonest and unstatesmanlike attempt on the part of the Executive to get rid of political opponents by repudiating the well-understood obligations of their predecessors in office: an attempt to dispossess persons who, relying upon the faith of the Government of the day, had settled in the country and taken up lands, to which they had received t.i.tles, and upon which they and their parents had in many cases resided ever since Governor Simcoe's time. The attempt failed through the vigilance of the Opposition and the interference of the Imperial Government, but it proved the length to which the official party were prepared to go in order to maintain the existing order of things. It was of a piece with the rest of the Executive policy, which seemed to wax more and more exacting and one-sided with lapse of time. It was abundantly clear to many persons unconnected with the Reform party that there was no justice in the land for a Reformer, and that the oligarchy by whom the country was dominated cared nothing for its best interests.

Const.i.tutional liberty was systematically trampled under foot. The oft-quoted boast of the Founder of the Province about the Upper Canadian const.i.tution being "the very image and transcript of that of Great Britain"[131] seemed the hollowest mockery when viewed in the light of events which had become a matter of frequent occurrence.

It was not only to the thumbs of political opponents that the Executive screw was applied. When occasion arose it was applied with surprising energy and vigour to the thumbs of those who had long been obedient slaves of the Administration. Nothing more clearly shows the shameless exercise of power on the part of the faction: nothing more clearly proves the complete subordination of their tools, and the depths of degradation to which public men could be made to stoop: than an episode which occurred during the Parliamentary session of 1828. The persons chiefly involved were the Hon. James Baby, who was himself Inspector-General of Public Accounts and senior member of the Executive Council, and ex-Chief Justice Powell. It has already been explained that the first-named personage had for some time past ceased to carry any great weight at the Council Board, where he had been to a considerable extent superseded by his juniors.[132] His seniority was merely in point of time, and his influence on the policy of the Government was as insignificant as it possibly could be, consistently with the position which he held. He keenly felt his having been, so to speak, thrust into the background, and in several instances showed a disposition to a.s.sert himself by acting independently. A similar feeling, but milder in degree, animated the breast of the ex-Chief Justice, whose place as princ.i.p.al lay adviser of the Lieutenant-Governor had long since been taken by Attorney-General Robinson. During the session of 1823-4 he had seen fit to protest against a School Bill pa.s.sed by the a.s.sembly, under which Dr. Strachan was intended to and did actually derive a sinecure salary of three hundred pounds a year. His protest, at his own urgent request, was entered on the journal, where it seemed likely to remain a perpetual memento of his independence and of the servility of his colleagues. But this was by no means desired by the Lieutenant-Governor and the Attorney-General. Pressure was brought to bear upon the recalcitrant member, under the influence of which he was forced to succ.u.mb. He consented that the protest should be erased from the journal, and it was erased accordingly.[133] But a still more sickening humiliation was in store for him, as well as for the venerable Mr. Baby.

During the session of 1828 several pet.i.tions were received by the a.s.sembly praying for relief against a law pa.s.sed in 1825, whereby certain taxes had been imposed on wild lands.[134] Among other grievances complained of was the manner in which the law had been pa.s.sed. It was distinctly alleged in one of the pet.i.tions that the measure had been pushed through both Houses with too great rapidity, and that most culpable means had been employed in order to procure the a.s.sent of certain members to whom it was objectionable. The a.s.sembly entertained the pet.i.tions, and appointed a Committee to inquire into the matter. A number of witnesses were examined, and some astounding facts elicited. The allegations as to undue influence were proved by the clearest evidence, and by witnesses who had generally been accustomed to act with the Government. One of these was our somewhile acquaintance, the Hon. William d.i.c.kson, who, as has previously been seen, was the owner of an immense tract of land,[135] and was consequently seriously affected by the law enacted in 1825. His evidence, as printed in the Appendix to the Journals of the a.s.sembly,[136] stands as a perpetual indictment against Sir Peregrine Maitland and the venal clique by whom he was surrounded. It appears that from the time when the Bill relating to the taxation of wild lands was first introduced into the Upper House it was an unpopular measure, and that it was opposed by a majority of the members. Most of the latter were large landholders by virtue of their membership, and some of them had acquired additional blocks by purchase. The obnoxious Bill was opposed at every stage, and there seemed to be no possibility of its becoming law. Its defeat being regarded as inevitable, its opponents to some extent relaxed their efforts, and congratulated each other upon their apparent success. On the third reading, however, Mr. d.i.c.kson found, to his supreme astonishment and disgust, that some of the members upon whom he had relied for votes presented an entire change of front, and appeared in the _role_ of supporters of the measure. It was noticeable that all the converts, or perverts, held offices under the Government. The Hon. John Henry Dunn, Provincial Receiver-General, took a different course. He had been among the most determined opponents of the Bill, and had declared that it would never pa.s.s.[137] He had too much self-respect, after taking such a stand, to give the lie to all his protestations by voting for the measure, so he quietly staid at home on a pretence of sickness.[138] Referring to those who took a more determined stand, by voting contrary to their pledges, Mr. d.i.c.kson says: "This change, I am satisfied, arose from intimidation by the Local Government, who seemed determined to carry the measure at any sacrifice. It was most painfully manifest from their countenances and demeanour that the change was not from conviction, but from coercion. The business of the Legislative Council was suspended for two hours for a meeting of the Executive Council. And I do believe that at that Council the members of the Legislative Council holding offices were constrained at the peril of their situations to vote for the measures they had a week before decidedly opposed. Upon those members returning that day to their legislative duties there was a change of voting, and one of those who staid away on pretence of sickness was, to my knowledge, able to attend." The reference here is presumably to Mr. Dunn. Mr. d.i.c.kson's evidence then goes on to say that about ten minutes before the vote was taken, a message was delivered to the Hon. James Baby that Major Hillier wished to speak to him. Major Hillier was the Lieutenant-Governor's most confidential secretary, and was employed in numberless little transactions requiring the exercise of coolness and tact. In response to the message Mr. Baby left his place in the House, and did not return for some time. Upon his return from the interview to his accustomed seat he was evidently much confused and agitated. Being spoken to by Mr. d.i.c.kson he found it impossible to conceal his agitation, but told his interlocutor, to that gentleman's great astonishment, that he must vote for the Bill. When the time came he accordingly voted with the Government, and the Bill was carried by a small majority, Messieurs d.i.c.kson and Clark entering a determined protest against it. "After the pa.s.sing of the Bill," continues Mr. d.i.c.kson, "the Hon. Mr. Baby, after leaving the House, put his hand upon his heart, and, with reference to his change of conduct on the measure, said something about his children, expressive of his regret at the necessity which drove him to the abandonment of the course he had pursued."

Mr. Powell, who was then Speaker of the Legislative Council, was evidently subjected to similar influences. Like Mr. Baby, he had been strenuous in his opposition to the Bill, and had even gone so far as to speak harshly of some of those who promoted it. But he was speedily made to know his place, and the tenure by which he held it. During a portion of the two hours when the business of the Legislative Council was suspended he was in secret conference with Major Hillier and one or more members of the Executive Council.[139] When he took his seat upon the resumption of the business of the day, it was noticeable that he, as well as Baby, was labouring under undue embarra.s.sment and agitation. It was beyond any reasonable doubt that they had been shamelessly coerced, and had been compelled to choose between voting as they were commanded or being dismissed from their respective offices. Upon being questioned by Mr. d.i.c.kson, Powell admitted that he had changed his opinion, and added, in seeming sincerity, that he had received new light on the matter within the last ten minutes. Such an exchange of an old lamp for a new one must surely have been the work of some malignant and monstrous genie at the Council Board.

It should be mentioned that d.i.c.kson's evidence, so far as "extraordinary and undue influence by the Local Government" is concerned, is fully confirmed by the evidence of the Hon. Thomas Clark, who was also a member of the Upper House, and was present at the proceedings above described.

There could not well be any more conclusive proof of the unconst.i.tutional and corrupt manner in which the Government was carried on during Sir Peregrine Maitland's time than is afforded by the circ.u.mstances just narrated. They read like a chapter out of the political history of England during the last century. The methods employed by Walpole exhibit nothing baser or more repulsive than these.

His aphorism about "every one of them" having his price might well have been echoed by Sir Peregrine, so far as the Legislative Council was concerned, with the addition that the price in Upper Canada was sometimes ridiculously low. The persons who were guilty of these gross violations of the const.i.tution, to say nothing of the commonest principles of honesty, were incessantly prating of their devoted loyalty to the Crown. Yet it is plain enough that their fealty was always subservient to what they deemed to be their personal interests. This was as clearly apparent in 1837 as it had been in 1828. When, a few years later,[140] a crisis arose in which they were compelled to choose between those interests and their devotion to the Crown, it was once more abundantly manifest that theirs was the veriest lip-loyalty. The burning of the Parliament Buildings at Montreal was as direct an act of treason as was the affair at Montgomery's Farm.

[Sidenote: 1829.]

In 1828 there was a general election, in the course of which the Executive party made tremendous exertions to regain a predominating influence in the a.s.sembly. They perceived plainly enough that a hostile majority in the Lower House must in the end prove fatal to them. They might temporarily set it at naught, through their control over the Legislative Council and the absence of ministerial responsibility, but they could not hope to keep up such a farce for all time. This knowledge impelled them to adopt every means which their ingenuity could devise to secure the return of candidates who might be relied upon to support their policy. Their success was by no means proportionate to their efforts. When the returns were all in it appeared that the Opposition had rather gained than lost by the contest. Two staunch members of the Compact were defeated in what had theretofore been regarded as safe Tory boroughs, and Attorney-General Robinson's majority in the Town of York was greatly diminished. All the most prominent Reformers were returned, and at the opening of the session on the 8th of January, 1829, Rolph, Bidwell, Perry, Matthews and Dr. Baldwin took their seats on the Opposition benches. To their number was now added William Lyon Mackenzie, who had been returned for the County of York. His election was a surprise to the Government party, and was p.r.o.nounced by them to be an everlasting disgrace to the intelligent and populous const.i.tuency which had returned him. He repaid such compliments as these with others of a like character, and gave back as much as he received, if not with usury, at least with fair interest.

Mr. Bidwell was elected to the Speaker's chair by the new a.s.sembly, and on every test question the Government were left in a hopeless minority.

The vote on the Address in Reply will afford some clue to the political complexion of the House. It referred to the Lieutenant-Governor's advisers as having deeply wounded the feelings and injured the best interests of the country; yet it was carried with only one dissentient vote--that of J. H. Samson, one of the members for Hastings. Reform was evidently in the ascendant throughout the Province; but, as during the preceding Parliament, the exertions of the majority in the a.s.sembly could do little for Reform under the existing state of the const.i.tution.

The Lieutenant-Governor responded with curt ambiguity to the a.s.sembly's Address, and cemented his alliance with the Compact by refusing to grant the prayer of the pet.i.tion for the release of Collins. The Government submitted to one defeat after another with dogged sullenness, but with undiminished contempt for the idea that successive defeats imposed upon them any obligation to resign.

The session of 1829 was a noisy and quarrelsome one. Hardly had Mackenzie taken his seat before he began that system of inquiry and agitation which he thenceforward pursued throughout the whole of his career as a member of Parliament. He inst.i.tuted an investigation into the management of the Provincial Post Office, conducted an inquiry as to the privileges of members of the a.s.sembly, and as to the behaviour of certain returning officers, and generally busied himself with important matters of detail. He displayed precisely the same characteristics as a legislator that he had displayed as the conductor of a newspaper--great energy and vigilance, accompanied by a critical and fault-finding spirit, and an almost entire absence of tact and discretion. He gave wanton and unnecessary offence to those who differed from him in opinion, not only on important political questions, but even on comparatively insignificant matters of every-day occurrence. His coadjutors found that, independently of the sincerity or insincerity of his intentions, his judgment was not to be trusted. He could be misled by any _ignis fatuus_ that displayed a bright light, and was led into many a Serbonian bog from which he was not extricated without serious difficulty. Some men have an unerring instinct which, even in the absence of calm judgment or mature reflection, commonly leads them in the right path. Mackenzie's first conceptions, on the contrary, were almost invariably erroneous; and he had a perverse habit of frequently clinging to an idea once formed, even when experience and deliberation had proved it to be unsound.[141] At other times his opinions were as changeable as the hue of the chameleon. In short, he was a creature of impulse, and too often acted upon the motto of "First fire--then inquire." This was perhaps a misfortune rather than a fault, and under ordinary circ.u.mstances would have merited lightness of touch on the part of the historian. But Mr. Mackenzie is identified with a movement which forms a conspicuous and dramatic pa.s.sage in Upper Canadian chronicles, and in justice to others it becomes highly necessary to form a correct estimate of his personality. This is all the more essential from the fact that he himself at different times gave various and conflicting accounts of the episode with which his name is inseparably blended, which accounts have hitherto been the only sources of information drawn upon by so-called historians. All the references to the Upper Canadian Rebellion to be found in current histories are traceable, directly or indirectly, to Mackenzie himself, and all are built upon false hypotheses and perverted representations of events. To Mackenzie, more than to any other person, or to all other persons combined, are to be attributed all the worst consequences which flowed from that feebly-planned and ill-starred movement. All the facts point to the conclusion that if he had been content to play the patient and subordinate part properly belonging to him, the whole course of his subsequent life might have been shaped much more smoothly, and he might have been saved the most serious of the privations which he was compelled to undergo. Much sorrow and suffering would also have been spared to others. The injury that may be done in a primitive community by a man who combines good intentions and great energy with excessive obstinacy, misguided ambition, and perversity of judgment, is simply incalculable. The subsequent course of the narrative will be found to fully bear out these reflections, and to point a moral even where there is no intention to moralize.

Beyond the perpetual friction which was kept up between the Executive body and the Opposition, the session of 1829 was barren of events of permanent political importance. The Executive was tolerably independent of the popular branch of the Legislature, for it retained the casual and territorial revenues, and could get along without an annual vote for supplies. No fewer than twenty-one Bills pa.s.sed by the a.s.sembly were rejected by the Legislative Council during the session. "The Province,"

says Mr. MacMullen,[142] "presented the unconst.i.tutional spectacle of a Government requiring no moneys from the a.s.sembly, and a Legislative Council of a totally different political complexion from the popular branch of the Legislature. No restraint could now be imposed on the Executive by an annual vote of supplies. It was completely independent of the people." And it declared its independence in the most emphatic manner by inserting in one of the Lieutenant-Governor's messages a direct intimation that the a.s.sembly would not be asked to trouble itself about ways and means.

Certain episodes occurred during this session which are deserving of something more than pa.s.sing reference, not only as indicative of the manners of those times, but because they concern personages whose achievements were fated to occupy much s.p.a.ce in the annals of our country. The Lieutenant-Governor, Sir John Colborne, had not long been installed in office before he was exhibited in effigy in the streets of Hamilton. Certain Tories who were believed to have taken part in the exhibition openly a.s.serted that the Hamilton Reformers were responsible for it. It was at the same time alleged that there was a plot on the part of the Reformers to release Francis Collins from York jail by force of arms. The two stories emanated from a common source, and as they were without any foundation in truth the Reform leaders in the a.s.sembly deemed it proper to inst.i.tute an inquiry into the matter. Upon motion of Mr. John Rolph a Committee of Investigation was appointed, with power to send for persons and papers. It was known that Allan Napier MacNab, who was then an impecunious young lawyer in Hamilton, could give certain important information about the affair, and he was summoned to appear before the Committee during the second week in February. He obeyed the summons, so far as presenting an appearance was concerned, but he refused to reply to certain questions put to him, and conducted himself with great insolence and want of discretion. Being again summoned before the Committee, to answer for his conduct, he read a written defence which had been prepared for him, and which rather aggravated his offence than otherwise. Accordingly, on motion of Dr. Baldwin, seconded by George Rolph, the future baronet was committed to York jail, under warrant of the Speaker, during the pleasure of the House. After remaining in custody about ten days, Mr. MacNab addressed a letter to the House which reads very much like a repet.i.tion of his former contempt, but which the a.s.sembly seem to have construed very charitably, as on the 3rd of March a motion was carried for his discharge, and he was set at liberty.

This brief term of imprisonment, which in all lasted less than a fortnight, was the turning point in the reckless young lawyer's career.

Up to that time he had been n.o.body, and had had no apparent prospect of ever attaining to any importance. But from this time forward the official party regarded him in the light of a martyr who had suffered in the good cause. They feasted and lionized him, and did their utmost to advance his fortunes. At the elections which took place during the following year they returned him as one of the representatives of the County of Wentworth in the a.s.sembly, where, though he lacked sufficient ballast to display anything like statesmanship, he made considerable noise, and erelong became a notable personage. He was voluble, and made many verbose speeches, the matter of which never rose above the veriest commonplace, but as it was always charged with emphatic High Toryism it was applauded to the echo by the official party. Eventually, as every Canadian knows, he obtained high distinction and eminence, and had abundant reason to bless the discipline which he had received at the hands of a Parliamentary Committee. But for that discipline he might have lived and died an obscure country lawyer. To that discipline he was indebted for all the honours which subsequently descended upon him. By its aid he successively became a member of the Upper Canadian Parliament, Speaker of the a.s.sembly, Commander-in-Chief of the Upper Canadian land forces during the Rebellion, Knight, Queen's Counsel, member of the United Parliament of Canada, leader of the Tory Party in the Canadian Legislature, Premier, President of the Council and Minister of Agriculture, Baronet, honorary Colonel in the British Army, Aide-de-Camp to the Queen, Speaker of the Legislative Council. He also became father-in-law to a peer of the realm, and died Sir Allan MacNab of Dundurn. Certain pa.s.sages of his life will form the subject of future consideration. Meanwhile it will be sufficient to remark that each successive link in the long chain of his triumphs may be distinctly traced to his supposed martyrdom at the hands of the Reform majority in the Upper Canadian a.s.sembly in 1829.

Another personage cited to appear before the a.s.sembly's Committee on the same investigation was the Hon. H. J. Boulton, Solicitor-General. He displayed the same reticence as young MacNab, and refused to reply to certain questions put to him by the Chairman. He was soon taught that the high position which he occupied, backed, as it was, by the support of the party in power, could not shield him from the consequences of his refusal. Upon motion of Dr. Baldwin a resolution was adopted that the Solicitor-General had been guilty of a high contempt and breach of the privileges of the House. He was placed at the bar, where he showed more sense of propriety than had been shown by his predecessor. He had no desire to wear a crown of martyrdom, and did his utmost to purge himself of his contempt. He pleaded that he had intended no disrespect to the Committee, nor any breach of the privileges of the a.s.sembly, and concluded by saying that he stood ready to answer, if the House so desired. The House acted magnanimously, not choosing to humiliate a beaten man any farther than was necessary for the due vindication of its own authority. John Rolph, seconded by Dr. Ambrose Blacklock, one of the members for Stormont, moved that the Solicitor-General be admonished by the Speaker, and discharged on payment of fees to the Sergeant-at-Arms.

The motion was carried, and it only remained for the culprit to submit to the mild discipline which he had been adjudged to bear.

But there was reason for believing that that discipline would be a trying ordeal for the Solicitor-General. The Speaker who was to p.r.o.nounce the admonition was no commonplace piece of clay, trained to the set phrase of office, like the previous occupant had been. He was no less a personage than Marshall Spring Bidwell, who, with perhaps the single exception of John Rolph, was the most eloquent and powerful speaker in the Province. When moved to righteous anger, he was capable of administering a scorching reproof, and if a man is ever justified in taking his antagonist at a disadvantage, ample justification was to be found in the present instance. Mr. Bidwell had reason to hate the very name of Boulton, and might well be expected to avail himself of such an opportunity of darting the hot iron into his enemy's soul. There was a feud of long standing between the Bidwells and the Boultons. The Bidwells had sustained serious wrong and insult at the hands of the Boultons, and the Boultons hated the Bidwells with the hatred which small natures always feel towards higher natures which they have wronged. It was a Boulton who had been despatched to Ma.s.sachusetts in 1821, to hunt up evidence as to the alleged misconduct of the elder Bidwell.[143] It was this same Henry John Boulton who had joined with his friend the Attorney-General in abusing and maligning the elder Bidwell during the election campaign of 1821, and afterwards. It was he who had put forth all the little strength that was in him to a.s.sist his party in bringing about the expulsion of the elder Bidwell from the a.s.sembly.[144] He had done his utmost, and successfully, to induce members of Parliament to vote for the statute which had forever closed the doors of the Upper Canadian Legislature to the ex-member of Congress.[145] He had opposed the return of the younger Bidwell to the a.s.sembly, and more recently, though he was not then a member of the House, he had done what he could to keep him out of the Speaker's Chair by influencing members in favour of John Willson. He had lost no opportunity of making himself personally offensive to Mr. Bidwell, whose abilities he envied, and whose character he was utterly incapable of appreciating. It will thus be seen that all the attendant circ.u.mstances combined to make Mr. Bidwell hate and contemn his adversary. If he failed to do so the explanation was to be found in his own gentle nature, and not in the lessons of humiliation which the Boultons had endeavoured to impose upon him.

It was a memorable scene when the Solicitor-General stood up, on the 20th of February, to receive the admonition which he had been adjudged to endure. He was in a state of tremor, for he was conscious of the disadvantage of his position, and he dreaded the power of the Speaker's tongue. His friends also felt much solicitude on his account, for they knew how little consideration he deserved at the hands of the man who now had him in his power. For some moments a solemn silence reigned supreme. Then the Speaker's voice was heard; low at first, but steadily rising into clear and impressive tones which made every word sink deep into the hearts of the listeners. And the words themselves: how different from what the expectant personage at the bar had looked for!

Nothing of malice or revenge there. Nothing but quiet dignity and forbearance. No mere spectator could have told whether the offender was a personal friend or an enemy of the Speaker. The voice was full of feeling, but utterly devoid of pa.s.sion or malevolence. The power of Parliament was fully vindicated, yet the transgressor escaped without any unnecessary laceration of his pride. "By every member of the community," proceeded Mr. Bidwell, "a ready and cheerful respect should be shown towards the House of a.s.sembly, who represent the people of the Province, whom the const.i.tution has entrusted with important privileges for the benefit of their const.i.tuents, and who are amenable to them for all that they do. But it might in a peculiar degree have been expected of you, whose duty it is to enforce submission to the laws and respect for the inst.i.tutions of the country." Here Mr. Boulton bowed his head as if in mute a.s.sent. He was then informed that the House could not permit this formal and gratuitous denial of its authority to pa.s.s unnoticed.

"It is important," continued the Speaker, "that by its proceedings against you a warning should be given, before others are led by the influence of your sentiments and conduct to dispute an authority which the House is bound to vindicate and enforce. It is necessary that it should go thus far; but it gives me great satisfaction to observe that its duty does not compel, nor its inclination induce it, in your case, to go any farther than is requisite to attain this object; and, finding from your answer that you are now disposed to treat its privileges with just and becoming respect, and to defer your own private opinion to the judgment of that body whose const.i.tutional right it is to decide upon its own privileges, it is willing to dismiss you with no other punishment than this admonition from its Speaker. This moderation is a proof that these privileges have been safely lodged by the const.i.tution in its hands, and that they will never be used in a wanton or oppressive manner. It is by the order and in the name of the House that I thus admonish you, and direct that the Sergeant-at-Arms do now discharge you from custody." He was discharged accordingly, and left the house profoundly affected by the magnanimity of the man whom he had so grievously injured. One who seems to have watched him as he took his departure has recorded that the Boulton crest never hung so low as at that hour.[146] Nothing could have more clearly proved the greatness of soul of Mr. Bidwell than this episode; nothing could have more effectually ill.u.s.trated his capacity to rise superior to all merely personal considerations when entrusted with the discharge of a public duty. The London _Times_ published a full report of his admonition, which it p.r.o.nounced to be the best paper of the kind on record.

During the following summer an event took place which removed Attorney-General Robinson from the atmosphere of the a.s.sembly, and was the indirect means of introducing Robert Baldwin to public life. This was the appointment of Mr. Robinson to the place of Chief Justice of Upper Canada. The office had just become vacant through the retirement of Chief Justice Campbell, who had received the honour of knighthood during his absence in England. Mr. Robinson thus obtained the reward which he had long coveted, and which his devotion to successive Lieutenant-Governors had richly earned. There was some doubt as to the strict legality of his pa.s.sing directly from the office of Attorney-General to that of Chief Justice. To remove the doubt he accepted the position of Registrar of the County of Kent, which he resigned after holding it a few days. His appointment to the Chief Justiceship was made on the 13th of July, but owing to the delay occasioned by his acceptance of the inferior office it was confirmed and re-dated on the 3rd of August following. He then took his seat on the bench, and was destined to remain there for more than thirty-three years. As Chief Justice he succeeded to the Presidency of the Executive Council, and at the opening of the session in the beginning of 1830 he was nominated Speaker of the Upper House. His removal from the a.s.sembly therefore did not remove him from the political arena, and for years afterwards he continued, in conjunction with his friend and quondam tutor Dr. Strachan, to direct the policy of the Government as completely as he had done for some years previously. He was succeeded in the office of Attorney-General by Henry John Boulton. The temporary purpose for which Mr. Hagerman had been appointed to the bench, in place of Mr.

Justice Willis, having been fully effected, that gentleman now threw off his official robes and succeeded his friend Boulton as Solicitor-General.

Mr. Robinson's elevation to the bench left a vacancy in the representation of the Town of York. This vacancy young Robert Baldwin successfully aspired to fill. At the last general election, in conjunction with J. E. Small, he had unsuccessfully contested the County of York with W. L. Mackenzie and Jesse Ketchum. He was now opposed in the town by the same individual who had so lately been his coadjutor in the county. Mr. Small was defeated, but, at his instance, the return was declared void, the writ for the election having inadvertently been issued by the Lieutenant-Governor instead of by the Speaker of the a.s.sembly, as in strictness it should have been. A new writ was issued, and Mr. Baldwin again contested the seat, his opponent now being the Sheriff of the County, William Botsford Jarvis. The Sheriff naturally enjoyed many advantages in such a contest, but he was defeated by a considerable majority, and on the opening of the session in the following January, Robert Baldwin, then in his twenty-sixth year, took his seat in Parliament for the first time. He however did not make any conspicuous figure during the session. He had already fully imbibed the idea that a responsible Executive was the great want of Upper Canadian polity, and took comparatively little interest in the subordinate questions of the day. He could see no good purpose to be served by recording successive majorities against the Government, so long as the members of that Government could retain their offices, together with the favour of the Lieutenant-Governor, in spite of any vote which the a.s.sembly might see fit to record. He made no remarkable speeches, and seemed rather disposed to remain in the background. It so happened that he did not again have an opportunity of winning honours in the Legislature for many years, as, in consequence of the death of the king, a dissolution of Parliament took place before the time had arrived for the meeting of another session, and Robert Baldwin was one of the many Reform candidates who were beaten at the general elections which ensued.

There are few facts worthy of record in connection with the session of 1830. In the Speech from the Throne the Lieutenant-Governor was able to announce that the revenue at the disposal of the Crown had been found sufficient to meet the requirements of the civil list, and that there still remained a considerable surplus in the Provincial Treasury. The a.s.sembly's Address in Reply once more drew his Excellency's attention to the want of confidence felt in the advisers by whom he was surrounded.

"We still feel unabated solicitude about the administration of public justice," it ran, "and entertain a settled conviction that the continuance about your Excellency of those advisers who from the unhappy policy they pursued have long deservedly lost the confidence of the country, is highly inexpedient, and calculated seriously to weaken the expectations of the people from the impartial and disinterested justice of His Majesty's Government." The response to this intimation is probably the briefest official deliverance of the kind on record.

Divested of the formal commencement, it contained exactly six short words: "I thank you for your Address." The number of Bills pa.s.sed by the a.s.sembly and rejected by the Upper House during the session was twenty-seven. In addition to these there were several Bills which originated in the a.s.sembly, but were afterwards rejected by that House by reason of amendments made to them by the Legislative Council.[147]

FOOTNOTES:

[130] It has not been thought desirable to inc.u.mber the text with footnotes except where they seemed to be needed for purposes of elucidation; but in every matter of real importance, where the reader of average information and intelligence may reasonably be supposed to be in doubt as to the source of the narrative, care has been taken to indicate the authority.

[131] _Ante_, p. 48.

[132] _Ante_, p. 140.

[133] See _Seventh Report of Grievance Committee_, p. x.x.xvii. The School Act referred to was 4 George IV. cap. 8, pa.s.sed on the 19th of January, 1824. John Henry Dunn, Receiver-General of the Province, seems also to have protested against the measure, and to have consented, under pressure, to the erasure of his protest. See the evidence of the Hon.

William d.i.c.kson and the Hon. Thomas Clark, referred to in the ensuing paragraph of the text.