The Story of the Upper Canadian Rebellion Part 4

This led to their dicta being disregarded by st.u.r.dy juries who cared less for the letter of the law than for its spirit. Mr. John Mills Jackson, in his "View of the Political Situation of the Province of Upper Canada," published in 1809, speaks of an instance where the people became tumultuous, and broke the public stocks in the presence of the Chief Justice.[52] The public distrust of the administrators of the law does not seem to have been confined to the judges of the Superior Courts. It extended to the rural magistrates, some of whom turned their offices to commodity in a manner which would have excited the admiration of Falstaff himself. "The shop-keepers," writes Mr. Jackson, "are Justices of Peace. They have the means of extortion, and the power of enforcing payments. They are first the criminals, then the judges; and the court of appeal seems to be so constructed as to prevent an honest verdict from pa.s.sing into effect. The practice of the court is unjust, oppressive, and influenced. Favourite attorneys were made deputy clerks of the peace, so that process might be entered and writs obtained most partially. The crown lawyer is allowed nearly seven pounds sterling for every criminal prosecution! an inducement to listen to trifling complaints, and prefer frivolous indictments, when, if power was gratified and independence hara.s.sed, it was a sufficient excuse for an inflated contingent account." The author of this scathing philippic against petty oppression proceeds to recount a case wherein an action was brought against a magistrate who had exerted his authority in an illegal and oppressive manner. A verdict was obtained against him for a hundred pounds. An application was made to the Court of King's Bench to set the verdict aside, which was rejected; whereupon the clerk of the court in which the judgment had been obtained was ordered by the Crown lawyer not to issue execution. The clerk knew better than to disobey an order from such a source, and the plaintiff accordingly took nothing by his verdict. The unrighteous magistrate escaped the penalty of his misdeeds, and furnished a sort of standing precedent for magisterial iniquity. Other equally flagrant perversions of justice are recorded by the same authority. An illegal and unjustifiable extent issued, at the suit of the Crown, against one of the civil officers. It lasted for years; yet the officer dared not resist oppression by applying for justice. "When [the extent] was as imperiously taken off as it was arbitrarily laid on," writes Mr. Jackson, "the sheriff dared not apply for fees expended in holding possession under the writ, or the printer sue for the money voted him by the House of a.s.sembly for printing their journals. The surveyors could not obtain the money they had actually expended in the public service, nor the people find redress for extorted fees. Therefore, when there was neither substance nor shadow of law or justice, but the will of power was the rule of decision, the public mind was agitated in the extreme, and universal gloom pervaded the Province."

The discontent produced by official tyranny was however almost impotent as against the wrong-doers, who were so strongly entrenched in their places that it seemed as though nothing could shake them. Many of them, conscious of their misconduct, doubtless felt secret misgivings whenever any specially significant outburst of popular dissatisfaction occurred.

But for many years they were able to present a united and brazen front, and to crush anyone who dared to so much as wag a finger against them.

It was intimated on a former page that Robert Gourlay was not the first victim of Executive tyranny. The first conspicuous victim of whom any record has been preserved was Mr. Robert Thorpe, an English barrister of much learning and ac.u.men, who in 1805 was appointed a puisne judge of the Court of King's Bench for Upper Canada. Previous to his arrival in this country Mr. Thorpe had never been remarkable for any specially liberal opinions, but he was a man of enlightened mind, and actuated by an honest desire to do his duty. He was not long in perceiving that the administration of justice in this Province was little better than a hollow mockery. He resolved to do what one man could to restore public confidence in the judicial bench, and his court erelong became a popular forum for honest litigants, for it was evident to all that he held the scales of justice with an even hand, and was not to be either cajoled or bullied into perverting the law. Before he had been a twelvemonth in the country he was known far and wide as an upright judge, and as a sort of champion of popular rights. Grand juries took him into their confidence, and tabulated their grievances before him. These were laid by him before the authorities at York, upon his return from circuit; a proceeding which was quite sufficient to bring down upon his head the opposition of the faction which flourished by reason of those very grievances. The whole of the Family Compact influence arrayed itself against him in deadly enmity. Francis Gore arrived in the capacity of Lieutenant-Governor in the summer of 1806. He was informed by his Councillors that Judge Thorpe was a dangerous and revolutionary personage. It was certain that the past year had been signalized by a decided propensity on the part of the people to a.s.sert themselves against the intolerable exactions of their oppressors, and that a spirit of opposition was on the increase throughout the land. Governor Gore and his Councillors reversed the inductive process, and attributed the popular discontent to the influence of the new judge. This seeming conviction on their parts was strengthened by certain remarks of Judge Thorpe himself, made in reply to an address from the Grand Jury of the London District. "The art of governing," said he, "is a difficult science. Knowledge is not instinctive, and the days of inspiration have pa.s.sed away. Therefore, when there was neither talent, education, information, nor even manners in the Administration, little could be expected, and nothing was produced." The reference here is manifestly to the _regime_ of Governor Hunter and Commodore Grant; and the intimation is that better things are to be hoped for under the recently-arrived Governor. "But," continued the judge, "there is an ultimate point of depression, as well as of exaltation, from whence all human affairs naturally advance or recede. Therefore, proportionate to your depression, we may expect your progress in prosperity will advance with accelerated velocity." He also in the course of his address, inveighed against the Alien Act of 1804. When he reached York, at the close of the circuit, he laid before the new Lieutenant-Governor the various recapitulations of grievances which had been entrusted to him. They were received by Mr. Gore and his Councillors with a very ill grace. The complaints from the London District were stated with great vigour and lucidity, and as they had got into print they could not be suppressed or wholly ignored. An attempt was made to show that the chapter of grievances had been presented by the jurors, not because there was really anything of importance to complain of, but because Judge Thorpe himself had instigated them to such a course. As this charge was openly made, Mr. Thorpe in his capacity of a Justice of the King's Bench, caused a proceeding of the nature of _scandalum magnatum_ to be inst.i.tuted. His brother judges, however, some of whom were members of the Executive Council, and all of whom were subject to strong influences from that quarter, ruled that the proceeding could not be maintained, and it accordingly fell through. An attempt was also made, first to intimidate, and afterwards to corrupt the Grand Jury. A letter was sent to them from the office of the Lieutenant-Governor, requesting them to state the grounds of their complaints more specifically. The recipients responded by preparing and forwarding a stronger case than before. A recantation was then drawn up by a skilful hand, and presented to each individual member of the Jury, a reward being at the same time offered as an inducement to sign it. The jurymen, however, were not prepared to barter away their liberties in this manner, and the attempt wholly failed. While the Executive were deliberating as to how they could most effectually strike Judge Thorpe, a vacancy occurred in the representation of one of the const.i.tuencies in the Home District. In those times, as has already been seen, a judgeship was no disqualification for political life, and a deputation waited on Mr.

Thorpe with a numerously signed address, requesting him to become their representative. He replied that he would not become a partisan, but that if he were returned to Parliament he would not hesitate to do his duty.

No sooner did it become known that "the Radical Judge," as he was called, was a candidate for the a.s.sembly than the leading spirits of the Compact aroused themselves to defeat him. This was natural enough. That they should employ against him every means which their ingenuity could devise--among others, bribery, vilification and deliberate slander--that also was natural, when the time and persons are considered. "Every engine within the reach of authority," writes Mr. Jackson, "was used for the purpose of defeating the wishes of the people on this occasion. All interests were required to yield in favour of the candidate most likely to succeed as against Mr. Thorpe. Any person in employment, in expectation of, or ent.i.tled to land, was gratified, promised, or threatened; magistrates were made and unmade, as best suited the purposes of electioneering; grants were given; fees excused, or promised to be paid by those high in authority. Even domestics were bribed with places, land, and money, to vilify and accuse, by direct falsehoods, the most upright, serviceable and esteemed persons in the Province." For once public opinion proved too strong for Family Compact influence.

Judge Thorpe was returned, and great things were hoped for from his career in Parliament. But the triumph of freedom was short-lived. The Compact was too strong to be opposed by the mult.i.tude with impunity.

Lieutenant-Governor Gore was subservient to its wishes, and besides he had by this time come to hate the popular judge on his own account, and his mind was fully made up to solicit from the Colonial Secretary Judge Thorpe's recall. One of his private letters, written from Kingston, during a journey from York to Montreal, several months after the Judge's election to the a.s.sembly, announces this resolution in unmistakable terms. "The object of Mr. T.'s [Thorpe's] emissions," he writes, "appears to be to persuade the people to turn every gentleman out of the House of a.s.sembly. However, keep your temper with the rascals, I beseech you. I shall represent everything at St. James'." He was as good as his word, and in October, 1807, the announcement was made in the _Gazette_ that the Lieutenant-Governor had been instructed to suspend Mr. Thorpe from his judgeship, which we may be quite sure was done without unnecessary loss of time.

Thus did might continue to triumph over right. There was not the slightest imputation of any sort against the Judge's character. His professional attainments were high; his personal character without a stain. His continued presence in Canada would have been a blessing to all but the race of tyrants who trampled on popular liberty. Yet he was removed because he respected himself and his office too highly to pervert judgment, and because he bade fair to abridge the rule of corruption. Upon his return to England the Colonial Office urged nothing whatever against him, and merely suggested, by way of justification for his recall, that his stay in Upper Canada would have led to perpetual disturbance of the public tranquillity. He inst.i.tuted proceedings in one of the English courts against Mr. Gore, who was convicted of libel, but who escaped much more easily than he deserved with a fine of trifling amount. By way of recompense for his recall from Upper Canada, Judge Thorpe was appointed Chief Justice of Sierra Leone. There he remained for two years, by which time his const.i.tution had become so much broken by the climate that he was compelled to return home. At the request of a number of the inhabitants he carried with him to England a pet.i.tion complaining of certain abuses of power there. For this he was discarded by the Ministry of the day. His appointment as Chief Justice was cancelled, and another judge was sent out to West Africa in his stead.

The rest of his life was pa.s.sed in obscurity and neglect, and when he died his family were left without any provision for their future. Such was the untoward fate of an honourable and high-minded man, whose only fault was that he was too pure for the times in which he lived, and for the people among whom his lot was cast.

Another early victim, whose life record seems to contradict the adage that honesty is the best policy, was Surveyor-General Wyatt. There is no need to go minutely into the particulars of his case. He was universally recognized as a competent and honest official, insomuch that it was currently said of him that he was too good for the masters whom he served. But he ventured to interfere on behalf of one of the subordinates in his office, who had been refused a stipend to which Mr.

Wyatt considered him ent.i.tled. Then, he presumed to oppose the Council in respect of an irregular purchase of a large tract of land from the Mississauga Indians. Finally, he went so far as to profess a high degree of respect for the manly and independent conduct of Judge Thorpe. The secret conclave speedily p.r.o.nounced his doom. No one ventured to allege any fault against him, yet he was deprived of his situation by the Lieutenant-Governor, and a pliable tool was installed in his office.

Joseph Willc.o.c.ks had a more bitter experience still. He was an Irishman, of liberal education, and of much energy of character, whose influence in official circles was wide enough to obtain for him the post of Sheriff of the Home District. For several years no occasion for any difference of opinion arose between him and his superiors. He was known as a competent officer, who discharged his duties with great consideration for the impecunious and unfortunate. But his frequent official peregrinations through the Home District enabled him to see with his own eyes the disastrous effects of the Clergy Reserves, of the land-granting system, and of Family Compact domination generally; and on several occasions he had sufficient courage to express his opinions thereupon. Attempts were made to silence him, first by remonstrances, and afterwards by threats, but all to no purpose. When Judge Thorpe began to figure as a sort of popular tribune, Willc.o.c.ks declared himself as being also on the side of the people. When the Judge became a candidate for Parliament, the Sheriff, who had a vote in the const.i.tuency, recorded it in his favour. For this he shared the fate of the Surveyor-General, and was promptly dismissed from office by the Lieutenant-Governor. But he came of a fighting stock, and was not to be suppressed by the mere circ.u.mstance of being deprived of an official income. He started a newspaper called _The Upper Canada Guardian, or Freeman's Journal_. In this sheet, which was edited by Mr. Willc.o.c.ks himself, various desirable measures of reform were advocated, and the dominant faction were from time to time referred to in opprobrious, but certainly not untruthful or unmerited language. The paper obtained a considerable circulation, and soon made its editor an object of bitter hatred on the part of the authorities. The vilest abuse was poured out upon him, and he was subjected to a course of persecution well-nigh as grievous as subsequently fell to the lot of Robert Gourlay. Governor Gore himself, in a letter still extant, written in 1807, refers to him as "that execrable monster who would deluge the Province with blood."

The execrable monster's influence, however, continued to grow, and upon Judge Thorpe's retirement from Upper Canada, he was returned to the a.s.sembly in his stead, for the West Riding of the County of York, the First Riding of the County of Lincoln, and the County of Haldimand. As he was a ready and powerful speaker, as well as a vigorous writer, it was felt that he would soon become intolerable if his career were not effectively checked. He was accordingly tried before the a.s.sembly on a frivolous charge of having, in a private conversation held at the house of a Mr. Glennan, in York, spoken disrespectfully of some of the members. The proceedings were the veriest travesty of the forms of justice. The accused was found guilty, and committed to the common jail of the Home District, there to remain during the sitting of Parliament.[53] This indignity he was compelled to suffer, being confined for many weeks in a small close cell, which he was not permitted to leave for a single moment. He was further wrought upon by informations for libel, as well as by secret inquisitions into his private affairs. After his enlargement he continued to publish his paper, but he was so tortured by the incessant persecutions to which he was subjected that he could accomplish little or nothing in the way of reform. From some of his votes in the a.s.sembly it would appear that he made tacit overtures towards reconciliation with his enemies,[54] but he had offended too deeply to be forgiven, and their rancour was not to be appeased. Eventually he was compelled to relinquish the publication of the _Guardian_ for want of funds to carry it on. Notwithstanding all that he had endured, his loyalty remained unshaken, and when the War of 1812[55] broke out he responded to the call for volunteers by shouldering his musket and doing his devoirs like a man at the battle of Queenston Heights. Even this obtained for him neither complaisance nor immunity from abuse. He found himself ruined in fortune, opposed and hated by those in authority, without any prospect before him but starvation. It is not singular that a man subjected to such conditions should become disheartened. In a moment of exasperation he deserted the ranks where he had been held as of so little account. Accompanied by a small body of Canadian volunteers, he repaired to the camp of the enemy, where he offered his services, and obtained a colonel's commission. He served under Major-General Brown at the siege of Fort Erie, where he was slain while planting a guard.

Such are three of the most notable examples of ministerial tyranny in comparatively early times. As before mentioned, they attracted less widespread attention than did Mr. Gourlay's case some years later, because, though they were signal instances of the abuse of power, they were not marked by such refinement in cruelty, and because they appealed to the political sympathies of comparatively few. In the time of Judge Thorpe, Wyatt and Willc.o.c.ks, the dominating cla.s.s not only held a monopoly of power, but they and their adherents were numerically in the ascendant. At the time of Gourlay's persecution the population was much more evenly divided. The oligarchy still had control of all the avenues to power, but there was a large and steadily-increasing cla.s.s in the community who recognized the fact that many changes were necessary before Upper Canada could become a prosperous and well-governed colony, and a satisfactory place of abode for the average British immigrant.

In closing this hasty review of the nature and effects of Family Compact domination in Upper Canada, I would not be understood as p.r.o.nouncing a sweeping condemnation upon all the individual members of that body. John Beverley Robinson, for instance, though he lent himself to many high-handed acts of oppression, was a man of undoubted ability, and of a character which inspired respect. His descendants are to-day among the most respected and influential members of society in our Provincial capital. Several others were men of high personal character, and of abilities above the average. They acted in accordance with time and circ.u.mstance, and must be supposed to have done so conscientiously. But such persons as these composed but a very slender proportion of the Compact's entire membership. The rank and file were of a totally different complexion. The characteristics of the more poverty-stricken among them have already been hinted at; but, independently of these, there were many who were well-to-do, and who held their heads high in the air, who were nevertheless very ill qualified to win admiration for the caste to which they belonged. To state the simple truth, most of them were very ordinary commonplace personages, respectable, sapless, idealess--what Dr. Johnson would have characterized as exceedingly barren rascals. Some were of obscure origin, and would have been hard put to it if required to trace their ancestry beyond a single generation. Of these latter, a few, as has already been seen, had ama.s.sed wealth by trade or speculation, and had made their way into the exclusive circle by a fortunate combination of circ.u.mstances.

Among the Compact, then, the number of persons of good birth and descent, possessed of sufficient qualifications to justify their aristocratic predilections, and of sufficient capacity to enable them to direct the colonial policy, was small. And it must by no means be supposed that all the good blood in the Province was confined to the Compact. There were many persons among the pioneers of Upper Canada of gentle nurture and breeding, who nevertheless scorned to pose in the character of aristocrats in a land where such a.s.sumptions were altogether out of place, and who manfully accommodated themselves to their primitive surroundings. As has been well remarked by Mr.

MacMullen,[56] "While they learned to wield the axe and swing the cradle with the energy and skill of the roughest backwoodsman, they retained their polished manners, their literary tastes, their love for the beautiful and the elegant; and thus exercised the most beneficial influence upon their rustic neighbours. In the absence of schools, of churches, of most of the refining influences of civilized society, this cla.s.s of the early settlers of Upper Canada were foremost in usefulness.

Their superior education, their well-bred manners, their more refined habits, raised them in the estimation of the rural population, who soon tacitly admitted a superiority which would never have been conceded [had it been] more directly a.s.serted." Most, though not all, of these gentlemen were Tories, and, with hardly an exception, preserved their loyalty through all chances and changes. During the War of 1812-15, and again during the agitation arising out of the Rebellion, they proved true to their Tory instincts, and rallied to the side of the Government with ready fervour. Their social proclivities were equally removed from the rude boorishness of the ordinary settler as from the pretence and ceremonial of the clique of self-const.i.tuted aristocrats. They generally preserved a modic.u.m of state in the regulation of their household affairs, though they kept aloof from the Compact and its practices, and devoted themselves to various branches of industry--among others, to the education of youth; to the practice of the learned professions; to the opening and cultivating of new avenues of commerce; and to reducing the pathless forests to arable and smiling fields.

One other fact it is essential to bear in mind, in estimating the effects of the Compact's _regime_. In seizing upon all the official and other spoils within their reach, and in trampling upon the liberties of the people, the magnates of Upper Canada were merely treading in the footsteps of the t.i.te Barnacles of Great Britain. The period was one of transition, all over the civilized world. Popular rights were but imperfectly understood, and the idea that good government is best served by the extension of justice and equal rights to all cla.s.ses was only beginning to dawn upon the minds of public men, even in old and long-established communities. That Canada was not in advance of the times is not to be wondered at; but the ordeal through which she was compelled to pa.s.s on the way to full and a.s.sured liberty forms an epoch highly necessary to be understood and frequently remembered by all who appreciate the blessings which are the birthright of every Canadian of the present day. A knowledge of the principles and practices of the Family Compact in the olden days const.i.tutes the most effectual guarantee that such days can never return, and that neither our children nor our children's children will ever be compelled to fight over again the battle which was so long and so patiently waged by their ancestors.

FOOTNOTES:

[45] It may perhaps be thought by some readers that the closing sentences of this paragraph are pitched in too high a key. Those who entertain that opinion will receive light on the subject by a careful perusal of various official reports issued just prior to the pa.s.sing of the Quebec Act in 1774, and more especially of _A Cry from Quebec_, published at Montreal in 1809.

[46] _Report on the Affairs of British North America_, English folio edition, p. 53.

[47] _Ib._

[48] How far Lord Durham was justified in saying that there was "little of family connexion" among the members of the Compact will appear from the following "curious but accurate statement," prepared by Mr. W. L.

Mackenzie for his _Sketches of Canada and the United States_, published in England in 1833. It will be found on pp. 405-409 of that work. "When I left Upper Canada last year," writes Mr. Mackenzie, "some of the offices, sinecures, and pensions of the Government were divided as follows:--No. 1. D'ARCY BOULTON, senior, a retired pensioner, 500 sterling. 2. HENRY, son to No. 1, Attorney-General and Bank Solicitor, 2400. 3. D'ARCY, son to No. 1, Auditor-General, Master in Chancery, Police Justice, etc. Income unknown. 4. WILLIAM, son to No. 1, Church Missionary, King's College Professor, etc., 650. 5. GEORGE, son to No.

1, Registrar of Northumberland, Member of a.s.sembly for Durham, etc.

Income unknown. 6. JOHN BEVERLEY ROBINSON, brother-in-law to No. 3, Chief Justice of Upper Canada, Member for life of the Legislative Council, Speaker of ditto, 2000. 7. PETER, brother to No. 6, Member of the Executive Council, Member for life of the Legislative Council, Crown Land Commissioner, Surveyor-General of Woods, Clergy Reserve Commissioner, etc. 1300. 8. WILLIAM, brother to Nos. 6 and 7, Postmaster of Newmarket, Member of a.s.sembly for Simcoe, Government Contractor, Colonel of Militia, Justice of the Peace, etc. Income unknown. 9. JONAS JONES, brother-in-law to No. 2, Judge of the District Court in three districts containing eight counties, and filling a number of other offices. Income about 1000. 10. CHARLES, brother to No. 9, Member for life of Legislative Council, Justice of the Peace in twenty seven counties, etc. 11. ALPHEUS, brother to Nos. 9 and 10, Collector of Customs, Prescott, Postmaster at ditto, Agent for Government Bank at ditto, etc. Income 900. 12. LEVIUS P. SHERWOOD, brother-in-law to Nos.

9, 10, 11, one of the Justices of the Court of King's Bench. Income 1000. 13. HENRY, son to No. 12, Clerk of a.s.size, etc. 14. JOHN ELMSLEY, son-in-law to No. 12, Member of the Legislative Council for life, Bank Director, Justice of the Peace, etc. 15. CHARLES HEWARD, nephew to No.

6, Clerk of the District Court, etc. Income 100. 16. JAMES B. MACAULAY, brother-in-law to Nos. 17 and 19, one of the Justices of the Court of King's Bench. Income 1000. 17. CHRISTOPHER ALEXANDER HAGERMAN, brother-in-law to No. 16, Solicitor-General. 800. 18. JOHN MCGILL, a relation of Nos. 16 and 17, Legislative Councillor for life. Pensioner, 500. 19 and 20. W. ALLAN AND GEORGE CROOKSHANKS, connexions by marriage of 16 and 17, Legislative Councillors for life, the latter President of the Bank. 500. 21. HENRY JONES, cousin to Nos. 9, 10, etc., Postmaster of Brockville, Justice of the Peace, Member of a.s.sembly for Brockville, Income unknown. 22. WILLIAM DUMMER POWELL, father of No. 24, Legislative Councillor for life, Justice of the Peace, Pensioner. Pension, 1000.

23. SAMUEL PETERS JARVIS, son-in-law to No. 22, Clerk of the Crown in Chancery, Deputy-Secretary of the Province, Bank Director, etc. Income unknown. 24. GRANT, son to No. 22, Clerk of the Legislative Council, Police Justice, Judge Home District Court, Official Princ.i.p.al of Probate Court, Commissioner of Customs, etc. Income 675. 25. WILLIAM M., brother to 23, High Sheriff Gore District. Income from 500 to 800. 26.

WILLIAM B., cousin to Nos. 23 and 25, High Sheriff, Home District, Member of a.s.sembly. Income 900. 27. ADIEL SHERWOOD, cousin to No. 12, High Sheriff of Johnstown, and Treasurer of that district. Income from 500 to 800. 28. GEORGE SHERWOOD, son to No. 12, Clerk of a.s.size. 29.

JOHN STRACHAN, their family tutor and political schoolmaster, archdeacon and rector of York, Member of the Executive and Legislative Councils, President of the University, President of the Board of Education, and twenty other situations. Income, on an average of years, upwards of 1800. 30. THOMAS MERCER JONES, son-in-law to No. 29, a.s.sociated with No. 19, as the Canada Company's Agents and Managers in Canada. This family connexion rules Upper Canada according to its own good pleasure, and has no efficient check from this country to guard the people against its acts of tyranny and oppression. It includes the whole of the judges of the supreme civil and criminal tribunal (Nos. 6, 12, and 16)--active Tory politicians. Judge Macaulay was a clerk in the office of No. 2, not long since. It includes half the Executive Council or provincial cabinet. It includes the Speaker and other eight Members of the Legislative Council. It includes the persons who have the control of the Canada Land Company's monopoly. It includes the President and Solicitor of the Bank, and about half the Bank Directors; together with shareholders, holding, to the best of my recollection, about 1800 shares. And it included the crown lawyers until last March, when they carried their opposition to Viscount G.o.derich's measures of reform to such a height as personally to insult the government, and to declare their belief that he had not the royal authority for his despatches.

They were then removed; but, with this exception, the chain remains unbroken. This family compact surround the Lieutenant-Governor, and mould him, like wax, to their will; they fill every office with their relatives, dependants, and partisans; by them justices of the peace and officers of the militia are made and unmade; they have increased the number of the Legislative Council by recommending, through the Governor, half a dozen of n.o.bodies and a few placemen, pensioners, and individuals of well-known narrow and bigoted principle; the whole of the revenues of Upper Canada are in reality at their mercy;--they are Paymasters, Receivers, Auditors, King, Lords, and Commons!"

[49] See his evidence annexed to the Committee's Report, p. 86.

[50] Gourlay, commenting upon this episode, remarks: "Who pardoned all the poor sinners that for years had been getting b.a.s.t.a.r.ds, and who legitimized these, was not determined when I bade farewell to Upper Canada."--_Statistical Account_, Vol. 2, p. 348.

[51] Those who wish to gain an insight into some of the most revolting features of this traffic may consult _Claws and the Clauses_, a pamphlet published at Buffalo in 1818; also _Gourlay_, vol. 2, pp. 486, 487; together with Jackson's pamphlet referred to in the text.

[52] This must have been Chief Justice Thomas Scott, after whom Scott Street, Toronto, was called. He was Chief Justice from August, 1806, to Michaelmas Term, 1816. He is referred to by Dr. Scadding in _Toronto of Old_, p. 51, as "a man of fine culture, spoken of affectionately by those who knew him." A picture of him in his decline is presented on page 130 of the same work.

[53] For a full account of these infamous proceedings, the reader is referred to _The Upper Canada Guardian_ of February 6th and March 18th, 1808, quoted by Gourlay in his _Statistical Account_, Vol. 2, pp.

655-662.

[54] See an extract from the minutes of the proceedings in the a.s.sembly, 10th March, 1810, quoted by Gourlay, Vol. 2, pp. 328, 329. See also Gourlay's remarks thereon, Vol. 2, pp. 334, 335.

[55] There is reason to believe that the discontent begotten of the abuse of power in Canada was one of the inducements to this attempt on the part of the United States, the Government of which was led to believe that Canadians generally would welcome any relief from the yoke which the Compact had placed upon their necks.

[56] _History of Canada_, p. 243.

CHAPTER IV.

FATHERS OF REFORM.

The history of Upper Canada, from the time of Mr. Gourlay's banishment, in 1819, down to the actual outbreak of rebellion, is largely made up of a succession of abuses on the part of the Executive, and of more or less pa.s.sive endurance on the part of the great body of the people. As has been intimated, the Gourlay prosecutions and their attendant circ.u.mstances aroused much popular indignation, and led to the formation of an organized Opposition. During the session of 1820 the "Gagging Bill," as it was called, which had been introduced and carried through the a.s.sembly under the auspices of Mr. Jonas Jones[57] two years before, was repealed,[58] and the holding of conventions was no longer prohibited by law. It is a fact worth mentioning that Attorney-General Robinson was the only member who recorded his vote against the repealing statute, whereas at the time of the enactment of the original repressive law in 1818 only one vote had been given against it. Such a change of opinion among the members of the a.s.sembly within so brief a s.p.a.ce of time is in itself significant of the progress of liberal views among the people generally.

The vote on this repealing statute was somewhat of a surprise to the authorities. It was evident that Reform sentiment was growing, and that many persons who had never been cla.s.sed as Reformers were weary of the long reign of tyranny. It was not the policy of the Compact, however, to yield anything to popular demands, and they held on their course with dogged pertinacity, as though animated by a fixed resolve that the public indignation which had been aroused by the Gourlay prosecutions should not be permitted to subside. Erelong a new opportunity for applying the thumb-screw presented itself, and it was taken advantage of to the fullest practicable extent. During the recess following the close of the first session of the Eighth Provincial Parliament, which was prorogued on the 14th of April, 1821, a vacancy occurred in the representation of the const.i.tuency of the United Counties of Lennox and Addington. The local Reformers took advantage of the opportunity thus afforded of bringing out a candidate who had rendered much service to Liberal principles in Upper Canada, and who was eminently fitted to impart strength to the Opposition in the a.s.sembly. His name was Barnabas Bidwell, and he was known far and wide as one of the keenest intellects and as one of the best public speakers in the country. His past history had been unfortunate, and as it was soon to be made the subject of strict Parliamentary enquiry, a few leading facts in connection with it may as well be set down here.

He was a native of Ma.s.sachusetts, where he was born in the old colonial days before the Revolution. He came of a Whig family which espoused the colonial cause with ardour, but he was himself too young to take any part in the great struggle which gave birth to the United States. Having completed his education at Yale College, he studied law, and at an early age rose to eminence at the Ma.s.sachusetts bar. He became Attorney-General of the State, and, though he had for his rivals some of the ablest men known to American history, he was regarded by his countrymen as one whose future was in his own hands. His manners were courtly and refined, and his scholastic attainments wide and various. He soon found his way to Congress, where his brilliant eloquence caused him to be listened to with attention and respect.

Up to this time his career had been an uninterrupted success. But in achieving his political eminence he had been unfortunate enough to make for himself a good many bitter enemies. His political course seems to have been somewhat arbitrary and uncompromising, insomuch that his opponents regarded him with more rancorous feelings than are commonly entertained among public men where there are no personal grounds for enmity. Whether such personal grounds existed in the case of Barnabas Bidwell cannot now be readily ascertained. It is however certain that he was regarded by a host of clever and unscrupulous persons with a bitterness of enmity almost amounting to ferocity. He seems to have made no attempt to conciliate his foes, but treated them with a sort of haughty contempt. In the year 1810 the weight of their anger descended upon him like an avalanche. He was then, and he for some years previously had been, Treasurer of the County of Berkshire, Ma.s.sachusetts. An accusation of a very serious nature was brought against him. He was charged with having applied the public funds to his own use, and with having falsified entries in his books in order to cover up his malversations. It is difficult to get at the exact truth in the matter. Mr. Bidwell's attention to public affairs had caused him to neglect his private and professional business, which consequently had not flourished. He was far from wealthy, and it is not improbable that he was sometimes financially embarra.s.sed. Whether he succ.u.mbed to temptation, and dipped his hands into the treasury without leave, cannot now be certainly declared. His own version of the matter was that he was entirely free from blame, but that his enemies had deliberately woven a subtle web about him from which he was unable to extricate himself, as it would have been impossible for him, under the existing state of things, to obtain justice. At all events, he seems to have felt himself to be unable to face the situation. Learning that an indictment had been laid, and that a warrant had been issued for his apprehension, he fled from his native country, and took refuge in Upper Canada.

Accompanied by his family, consisting of a son and daughter, he settled at the village of Bath, in the County of Addington, on the Bay of Quinte. He soon obtained employment as a school teacher, and encountered no difficulty in gaining a livelihood, though the humble role he was compelled to play comported ill with his past experience and present ambition. There is little doubt that he was an admirer of republican inst.i.tutions, and that he so remained to the end of his life, though his admiration was thrown away in this country, and it was impossible for him to return to his own. He was a useful man in the little community where he resided, and his education and intelligence caused him to be looked up to by people of all cla.s.ses. He did not intrude his political views further than to proclaim himself an advocate of Liberal ideas, and upon the breaking out of the War of 1812 he took the oath of allegiance to His Majesty. His ordinary pursuits were altogether insufficient for his enthusiastic nature, and after the lapse of several years he removed to Kingston, and took up his abode there. He found an outlet for his superabundant energy through the medium of frequent contributions to the press. Among the best known of his writings are a series of letters on practical agriculture and political economy, originally contributed to a Kingston newspaper, and subsequently republished in pamphlet form under the t.i.tle of "The Prompter." The series of historical and topographical sketches forming the first half of the first volume of Gourlay's "Statistical Account of Upper Canada" are also from Mr. Bidwell's pen, and they are upon the whole the most valuable portion of the entire work. He espoused Mr. Gourlay's cause with great fervour, and by his written and spoken words did much to arouse public sympathy for that unfortunate man, as well as to awaken abhorrence for the cruelty and selfishness of his persecutors. From that time forward he began to take a more conspicuous part in politics than he had been accustomed to take since his arrival in Canada. From the hustings and elsewhere he thundered against the Compact domination with an eloquence which thrilled his audiences. He soon made himself felt as a power in the land, and as one from whom the ruling faction had good reason to apprehend more serious antagonism than they had ever had to encounter.

Such was the man chosen by the Reform element in Lennox and Addington, during the summer of 1821, to represent its interests in the Provincial a.s.sembly. The ensuing campaign was an exciting one, but at its close Barnabas Bidwell was the undoubted choice of a large majority of the electors. This was a heavy blow to the Executive party. The Reformers would now have a representative in the House who could not be cajoled or bullied. His eloquence, aggressiveness, intelligence and shrewdness could not fail to produce a decided impression on the House and on the country. Would it not be well if he could be got rid of, as Thorpe and Gourlay had been got rid of before him?

During the progress of the election campaign, some of the main facts connected with Mr. Bidwell's migration from Ma.s.sachusetts to Upper Canada had become known to his opponents. The pretext afforded by these disclosures was too good to be neglected. An emissary was despatched to Berkshire County, where there was no difficulty in ascertaining that he had been Treasurer of the munic.i.p.ality; that he had been indicted for misapplying public funds; that a warrant had thereupon been issued for his apprehension; and that he had then fled beyond the jurisdiction.

Certified copies of the indictment and of several other important doc.u.ments bearing on the matter were obtained by the agent, and by him brought over to Upper Canada. On the strength of the information and doc.u.ments thus obtained a pet.i.tion was filed against the election of Mr.

Bidwell, upon the ground that he was an alien and a fugitive from justice, who had moreover taken an oath of allegiance to the Government of the United States. The accused notwithstanding appeared in his place in the a.s.sembly upon the opening of the session, and when the matter of the pet.i.tion came up for discussion he defended himself before the House with an eloquence and pathos which stirred every heart. He declared, in language and tones which left no doubt of his sincerity, that he was guiltless of the embezzlement with which he had been charged, and that the accusation had been solely due to the machinations of a powerful clique of enemies. He further urged that, whatever might be the facts as to the charge, he had never been tried or convicted, and that the a.s.sembly had no right to a.s.sume his guilt in the absence of positive proof. He admitted having taken the oath of allegiance to the Government of the United States, but urged that such an oath was required of every man a.s.suming a public office in all civilized countries; that it applied only to the period of his actual residence, and was no legitimate bar to his advancement in another country. Since his arrival in Canada he had taken an oath of allegiance to the King of Great Britain. That his loyalty was not open to suspicion was sufficiently manifest from the mere fact of his having been returned to Parliament by a const.i.tuency the inhabitants whereof were largely composed of United Empire Loyalists and their immediate descendants. Such was the course of his argument, which from beginning to end was singularly lucid and clear. But all was unavailing. He was a.s.sailed by the Government party in language such as is rarely to be met with in the annals of Parliamentary debate in this country. Mr. Attorney-General Robinson went beyond any former effort of his life in the way of vituperation, and overleapt the bounds of the commonest decency. He proclaimed himself to be the son of a United Empire Loyalist who had fought and bled for his country, and as therefore being no fit company for runaway felons and pickpockets. His sympathy with himself was so great that the tears chased one another down his cheeks as he was speaking. All the amiability which commonly marked his intercourse with his fellowmen seemed to have utterly departed from him, and he towered above his seat in a perfect whirlwind of rage and fiery indignation. Mr. Bidwell's calm and temperate reply was in striking contrast to the levin bolts which had been hurled at him, and produced a marked effect upon his hearers. But the Compact commanded a majority in the a.s.sembly,[59] which sustained a motion for his expulsion. And as it was well known that the electors of Lennox and Addington would again return him, and that he could not be permanently excluded by any ordinary means, it was determined to disqualify him by special legislation. An Act was accordingly pa.s.sed int.i.tuled "An Act to render ineligible to a seat in the Commons House of a.s.sembly of this Province certain descriptions of persons therein mentioned."[60] Among the persons declared ineligible were those who had held any of the princ.i.p.al public offices in a foreign country, which was of course an effectual disqualification for Barnabas Bidwell, who, as already mentioned, had been Attorney-General of Ma.s.sachusetts. It was a veritable Act of Exclusion, aimed at a particular person, and it served its purpose by keeping the obnoxious individual perpetually out of public life.[61]

In consequence of Mr. Bidwell's expulsion a new election for Lennox and Addington became necessary. The writ was issued, and, to the chagrin and disgust of the supporters of the Government, a new champion of popular rights appeared in the field in the person of Marshall Spring Bidwell, the only son of the recently-expelled member. The new candidate was a young man of twenty-three years of age. He was a native of Ma.s.sachusetts, and had accompanied his parents to Canada at the time of their migration in 1810. At an early age he had given proofs of the possession of splendid abilities. His father, who was exceedingly proud of the bright boy, had cultivated his faculties to the utmost, and by the time that Marshall Spring Bidwell had attained his majority he was regarded by all who knew him as having a brilliant future before him. A year before his candidature he had been called to the Provincial bar. He now presented himself before the electors of Lennox and Addington in opposition to the Tory candidate, a gentleman named Clark. The combined modesty and a.s.surance displayed by young Bidwell throughout the contest gained for him many warm friends, while at the same time his earnestness and flowing eloquence proved that he was a true son of his father. He conducted the campaign with signal ability, and laid the foundation of a lasting reputation in the const.i.tuency. At the close of the poll the returning-officer declared Mr. Clark to have been duly elected, but, as it was notorious that corrupt practices had been resorted to, a protest was entered by the friends of the Reform candidate, who himself appeared in person at the bar of the House to conduct the argument. The result of the enquiry was that the return was set aside and a new election ordered. Young Bidwell so distinguished himself by his argument before the House that the official party perceived that he was likely to be no less formidable as an opponent than his father would have been. When the new election was held he again presented himself as a candidate, but found that the returning-officer had received instructions to accept no votes for him, upon the ground that he was an alien. The Tory candidate, Mr. Ham, was accordingly returned; but another protest was filed, with a similar result. The election was once more set aside, and Lennox and Addington still remained without a Parliamentary representative. It had by this time become notorious that the whole power of the Executive was exerted to keep the Bidwells out of public life, and the conviction that such was the fact gave rise to a counter-movement on the part of the victims. The friends of Reform bestirred themselves to such purpose that during the session of 1823-24 an Act was pa.s.sed[62] repealing the measure of two years before, and relaxing the conditions under which persons who had resided in or taken the oath of allegiance to a foreign state should be eligible for election to the Provincial Parliament. It was provided that a residence in the Province of seven years next before election should render such persons eligible for membership in the a.s.sembly. This clause removed all existing disqualifications from young Mr. Bidwell; but his father still remained disqualified, for it was expressly re-enacted that no person who had been a member of the Senate or House of Representatives of the United States, or who had held office in any of the executive departments of "the United States of America, or any one of the said United States," should be capable of being elected to the a.s.sembly. Under this clause the elder Bidwell was doubly disqualified, for he had not only been Attorney-General of Ma.s.sachusetts, but had also sat in Congress. It was much, however, that the son was rendered eligible. A general election took place during the summer of 1824, at which he was returned for the const.i.tuency which he then contested for the third time. He continued to sit in Parliament for eleven successive years. He is properly regarded as one of the founders of the Reform party in Upper Canada, and by his eloquence, tact and discretion, no less than by the high respect in which his character was held, he did much to advance the progress of Reform principles.

The general election of 1824 resulted in the return of a number of prominent Reformers who now for the first time came forward to take part in public affairs. It was evident that a spirit of Reform had been awakened, and that from this time forward every important public question was likely to have two sides to it.

The most conspicuous of all the new members was Mr. John Rolph, who had been returned as one of the representatives for the County of Middles.e.x.

As he played an important part in the event which forms the subject of this work, and as he was one of the ablest men who have ever taken part in public affairs in this country, it is desirable to give some fuller account of him than is to be found in the various books relating to the place and times in which he lived.

John Rolph was unquestionably one of the most extraordinary personalities who have ever figured in the annals of Upper Canada. He possessed talents which, under favouring circ.u.mstances, would have made him a marked man in either professional or public life in any country.

Chief among his qualifications may be mentioned a comprehensive, subtle intellect, high scholastic and professional attainments, a style of eloquence which was at once ornate and logical, a n.o.ble and handsome countenance, a voice of silvery sweetness and great power of modulation, and an address at once impressive, dignified and ingratiating. His keenness of perception and his faculty for detecting the weak point in an argument were almost abnormal, while his power of eloquent and subtle exposition had no rival among the Canadian public men of those times.

His famous speech--to be hereafter more particularly referred to--delivered in the a.s.sembly, in 1836, on the subject of the Clergy Reserves, was one of the most powerful indictments ever heard within the walls of a Canadian Parliament. His arraignment of Sir Francis Bond Head before the same body early in the following year was hardly less impressive. He was of a full habit of body, even in comparative youth, and though he was rather under than above the middle height, there was a dignity and even majesty in his presence that gave the world a.s.surance of a strong man, while it at the same time effectually repelled unseemly familiarity. A pair of deep clear blue eyes, surmounted by rather heavy eyebrows, glanced out from beneath his smooth and expansive forehead. He had light brown hair, a well-moulded chin, a firmly-set nose, and a somewhat large and flexible mouth, capable of imparting to the countenance great variety of expression. Such, according to the universal testimony of those who knew him, and according to portraits painted from life and preserved in his family, was the John Rolph of fifty to sixty years ago.