CHAPTER VII.

The Canadian Revolution of 1837-38--Causes that led to

it--Searching of Daniel Conant’s house--Tyrannous misrule of the

Family Compact--A fugitive farmer--A visitor from the United States

in danger--Daniel Conant a large vessel owner--Assists seventy

patriots to escape--Linus Wilson Miller--His trial and

sentence--State prisoners sent to Van Diemen’s Land.

That uprising of 1837-38 in Canada is now generally termed the Canadian

Revolution. Most worthily does it deserve to be called a _revolution_,

for the people who were its supporters afterwards got all they asked

for. It was not a _rebellion_ but a revolution, and it did great good

for this country in the end. The fact of the very narrow and selfish

rule of the Family Compact again comes to us, for having goaded the

people to resort to extraordinary measures, they also persecuted persons

who came, or whose fathers came, from the United States. All hail to

those who, in a prominent or lesser way, took part in this rising on the

side of the patriots. It is an honor to-day for any Canadian to be

descended from one who took part and bore the burden and danger of

service in the Canadian Revolution of 1837-38. It is not to be argued

but that the patriots went rather too far, but no less could be expected

when the people once were aroused for such just causes. Those who

fought on the other side were equally as brave, and did their duty

manfully and bravely as they then saw the light. It was, nevertheless,

the efforts of the few patriots (whose fortunes we shall follow in part)

that gave us our liberties in Canada, and likewise brought about

constitutional government. Likewise were the effects of this revolution

good for the Motherland, for every colony since that time has been free

to carry on its own domestic concerns at will, which Canadians could not

possibly do before the Canadian Revolution. The day is now here when

those alive are proud of the part their forefathers took in the

struggle, and the disposition of many writers to try to gloss the

disturbances over, and make them appear small and puny in the way of

concerted efforts, are not pleasant to us nor true in their spirit. In a

word, no one can be found in Canada to-day who would dare to champion

the cause of the Royalists and the Family Compact on that occasion, and

assert that the patriots had not sufficient causes for their uprising.

Only recently has this been the case, for it has been fashionable

heretofore for every one to make light of the Revolution and to disclaim

any connection with it.

The patriots were only trying to get wrongs redressed and a

constitutional government inaugurated. They had no wish to uprise

against Great Britain. Particularly is it true that the great bulk of

the patriots were not uprising against the Motherland, for the author’s

forbears, who knew well from actual contact with the patriots, have

frequently told him so. The rule of the Family Compact they would not

endure longer. They were goaded to exasperation by the infamous acts of

that clique, and they were careless of what consequences might follow.

It was “Junius” who said, “The subject who is truly loyal will neither

advise nor submit to arbitrary acts.” In accordance with that sentiment

the patriots sought only to have the wrongs redressed, and _not to take

up arms against Great Britain in any sense_. In the following pages some

of the terribly arbitrary acts of the Family Compact will be given, for

but very few Canadians to-day have the least inkling of the high-handed

manner which this tyrannous power made use of in venting its private

hatred on the patriots, both individually and collectively. It is,

however, a matter of strong congratulation that though the Family

Compact was victorious in the revolution, its rule was but short after

it. The patriots secured all the privileges they asked for, and the

Family Compact shrunk into nothingness.

The hanging of Lount and Matthews was really judicial murder, and the

exportation of 232 Canadians to Van Diemen’s Land (Tasmania), where

nearly all of them lost their lives, was an infamous deed; also the

persistence with which the Compact pursued the patriots is enough to

bring tears to the eyes of every thinking Canadian to-day who really

loves his country. When the Southern States revolted and fought from

April, 1861, to April, 1865, and brought about the most terrible war on

record, wherein more men were killed than in any war the world has ever

known, no one was hanged at its close. Nor was any leader imprisoned or

exported, nor was the private property of the leaders confiscated, save

that only of Jefferson Davis, the leader, and only a part of his private

property withal. Whereas, here in Canada, because our patriots had the

manliness to be men and stand up for their rights, though committing no

overt acts, they were hanged, imprisoned, driven to the United States,

or transported for life. In the case of the author’s own grandfather and

parents he can bring out some features exactly. One Colonel Ferguson,

who lived a mile and a quarter north of Whitby, considering his measure

of loyalty to be so far in excess of that of all others about, took it

upon himself to pay domiciliary visits to the homes of many with the

troops under his command. He had the command of a few militiamen whose

homes were in the locality of his visits. There were no overt acts being

committed during the winter months of 1837-38, but it made no sort of

difference to Colonel Ferguson. As a tool of the Family Compact he never

ceased to annoy his neighbors. Very vivid impressions come to the author

from the tales of his own father of Colonel Ferguson coming at midnight

of a winter night with his men, surrounding the family residence and

turning all the inmates out in the snow while he ransacked and searched

at will. Many times during that memorable winter was the search

repeated, but the author could never learn what Colonel Ferguson

expected to find as a result of his

[Illustration: THE OLD CONANT HOMESTEAD AT PORT OSHAWA, BUILT IN 1811.

Here United States prisoners from General Hull’s army, which

surrendered at Detroit, were fed while proceeding on their way by

boats under guard to Quebec. Here also domiciliary visits were paid

on several occasions during the Canadian Revolution of 1837-38, the

house being surrounded by troops at midnight, and my people turned

out in the snow while the house was being searched.

]

diligent searches. Daniel Conant’s New England descent would very

probably go far to account for Colonel Ferguson’s insane suspiciousness.

In this part of Canada the inhabitants generally were in favor of the

movement. Not to be so was to be singular. That is to say, they were in

favor of having the wrongs committed by the Family Compact redressed,

but not one in 10,000 asked for a change of the political connection of

Canada. To effect such a sweeping change as that would be was not the

object of the agitation, and at this day of writing it seems very hard

that the inhabitants should have been persecuted simply because they

loved their country; but so it was. It would be well to instance another

case of the tyrannous misrule of the Family Compact and their

persecution of unoffending persons. A farmer living near Oshawa, being

the son of a United Empire Loyalist, seemed to have all the Compact’s

hate and suspicion centred upon him, simply because his father came from

Massachusetts. The suspected man had done absolutely no act to place him

in the eye of the law. Like nearly all others, he sympathized with the

patriots, not for a moment supposing it to be a crime to love his

country and its people. But Colonel Ferguson thought differently, and

made a sally to capture the farmer. Now, capture meant almost certain

death, for it would mean being incarcerated during the very cold weather

in unheated guardhouses and gaols here or in Toronto. Knowing this, he

avoided capture by changing his quarters every few days and never

sleeping in a house. Usually he slept in the granary of a barn,

burrowing into the bin of grain until almost or quite concealed, with

the grain effectually covering him. One may rightly conjecture the

terrible hardships of this poor farmer, exposed as he was to the

inclemency of a Canadian winter. Fires in a barn are, of course, out of

the question, and therefore he had no comfort of a house and a fireside

the whole winter long. Such ill-usage could possibly have only one

ending, viz., death, which followed in the fall of 1838. Nor is this an

isolated case, for there were many such, but purposely we follow its

details in order to present a faithful picture of life in Canada during

the Canadian Revolution of 1837-38.

One more instance we must narrate before the indictment of the Family

Compact is complete. David Trull, a resident of New York State, and a

relative of the author, happened to come to visit his relatives about

Bowmanville and Newcastle in the fall of 1837. While here on this visit

the uprising took place, for the fight at Montgomery’s was on the 3rd of

December, 1837. His visit having come to an end, he started for home the

same way he came. On to Toronto, then, went David Trull, to get on board

a small steamer running from the Queen’s wharf to Niagara. As he stepped

upon the gang-plank a uniformed sentry presented a bayonet and cried

“Halt!” threatening to run him through. He turned back from the wharf,

frightened and amazed, proceeding to his hotel, which he had only that

morning left. Telling the hotel-keeper of his trouble the worthy

Boniface befriended him. He was warned that he must not on any account

whatever, as he valued his life, let any one know that he hailed from

the United States, for, said the hotel-keeper, “If you do they’ll put

you in prison and hang you.” He was further advised to put on working

clothes and act as hostler about the hotel, with a view of slipping away

on the steamer later, when suspicion had been allayed. For many days he

put in the time at watering and grooming horses for young would-be

military satraps, who ordered him about, and whom in his own country he

would have treated with contempt. But he got away on the steamer at

last, and almost vowed when once on United States soil never again to

set foot in Canada. Realizing, however, in after years that only a very

small portion of the Canadian people were disposed to misuse a guest, as

they had done in his case, he overlooked it, and came back on visits in

after years. To his dying day, however, he never forgot the arbitrary

treatment of the Family Compact, and his hate for them went with him to

his grave.

Daniel Conant, the author’s father, was a very large vessel owner at the

time of the Canadian Revolution. At the earnest requests, entreaties and

tears of some seventy patriots, whose lives and liberties were unsafe in

Canada, he took them in midwinter across Lake Ontario in his ship

_Industry_ to Oswego, N.Y. During the inclement weather of that voyage

his ship was lost, while all got over safely (_vide_ “Upper Canada

Sketches,” by the author). But Daniel Conant and his officers and

sailors dared not come back home, even without their ship. To be caught

meant transportation to Van Diemen’s Land (Tasmania), or death by

hanging at home, according to the mood of the authorities. To gain home

and friends once more they walked back to Niagara in the spring of 1838,

and crossed the Niagara River at its mouth, landing boldly at the wharf

in the village of Niagara, where was a garrison and guards always on the

watch. To get past the guard was the point at issue. John Pickel, who

had been mate on the lost ship, has the credit of getting them out of

the difficulty. Making for the canteen he hilariously began treating

every one who came in sight. Being plentifully supplied with cash by the

author’s father, he persistently kept at the treating, giving many most

loyal toasts, “and was glad to get back again on Canadian soil.” These

words to-day, after an intervening sixty-three years, seem, no doubt,

tame and hardly worth preserving. Let us, however, remember the time and

the terrible risk then run. As the shades of evening came on they

quietly, one at a time, dropped out of the canteen, the garrison, the

village, the clearing, and into the darkness of the forest. Hamilton was

reached in due time, but a detour around to the north of Toronto was

made, and justly proud of having saved the lives and fortunes of seventy

patriots, whose only crime was that of loving their country, and wishing

for reform and good government, they got home at last. It would scarcely

be within the scope of this volume to follow

[Illustration: DANIEL CONANT.]

in detail the events of the Canadian Revolution. To do so would make too

bulky a volume. We may, however, notice the case of one who was

transported, along with several others, to Van Diemen’s Land (Tasmania).

Linus Wilson Miller had come over from New York State, having relatives

in Canada, and through sympathy had endeavored to help the patriots. He

was apprehended, and in order to get a true inside view of the workings

of the Family Compact we will give the court scene when he was brought

up for trial at Niagara, July, 1838.

Having been brought under guard to the court room he was asked:

“Linus Wilson Miller, what say you--guilty or not guilty?

“I shall not plead to my indictment at present.

“SOLICITOR-GENERAL--But you must.

“I choose to be excused.

“SOLICITOR-GENERAL--But you cannot be excused.

“I tell you, I am not prepared to stand my trial now.

“CHIEF JUSTICE--Answer you, prisoner at the bar, the question put

to you by the Court--what say you, Linus Wilson Miller, guilty or

not guilty?

“My Lord, that is a question which, as I before said, I am not now

prepared to answer.

“CHIEF JUSTICE--You must say, guilty or not guilty.

“Your lordship must excuse me.

“CHIEF JUSTICE--“You shall answer either guilty or not guilty--it

is only a mere matter of form.

“Doubtless your lordship considers hanging by one’s neck until dead

only mere matter of form.”

“CHIEF JUSTICE (in a rage)--Do you mean, sir, to insult this

court?

“My Lord, I mean only what I say, that I must have time to prepare

for my trial.

“CHIEF JUSTICE--Will you or will you not plead to your

indictment--what say you, prisoner at the bar, guilty or not

guilty?

“My Lord, I cannot plead now.

“CHIEF JUSTICE--You shall by G----

“My Lord, I will not. (Great sensation.)

“THE ATTORNEY-GENERAL--How dare you insult his lordship? You must

answer at once; it will be better for you to do so. I advise you to

plead not guilty; after which the Court will take into

consideration your claims to have your trial postponed, and order

you counsel, if you wish it. The Court are disposed to be just and

merciful.

“I repeat what I said before, I will not.

“ATTORNEY-GENERAL--You are a desperate fellow.

“And not without reason, for if I am to judge of the intentions of

this Court, from external appearances, I am in desperate

circumstances. But the word ‘fellow’ which you just applied to me

is significant.

“ATTORNEY-GENERAL (with a sneer)--Pray, sir, what are you?

“A victim chosen for the slaughter; but you are mistaken if you

think to coax or drive me to plead at present; I understand your

wishes and my own interests too well.

“CHIEF JUSTICE--Prisoner at the bar, three weeks have passed since

your capture, and you have had sufficient time to prepare your

defence. This Court has been convened for the express purpose of

trying you, and the Government cannot be put to so much expense for

nothing. I have taken care myself that all witnesses which you can

possibly require in your defence should be present to-day, and they

are here. You can have, therefore, no excuse whatever for wishing

to postpone your trial, and your only object is to give the

Government and this Court unnecessary trouble; but your

stubbornness shall avail you nothing, for the Court will order the

usual course in case of stubborn and wilful prisoners, who refuse

to plead, to be pursued in this case. I now ask you for the last

time--what say you, Linus Wilson Miller, to the charges preferred

against you: are you guilty or not guilty?

“My Lord, I am informed by your lordship that I have had sufficient

time to prepare for my trial, having been in custody three weeks.

How was I to prepare my defence before I had been indicted--how

know what charges, if any, would be preferred against me? I have

but now heard them read, and am required, without one moment’s

warning, to plead to charges of the most serious nature, affecting

my life! I am likewise informed by your lordship that all the

witnesses requisite for my defence are present in Court, that in

the present enlightened age, a judge, in a British Court of

Justice, will tell a prisoner arraigned under such circumstances,

that the witnesses for his defence are all present by order of the

Court, and that too in the presence of a jury empanelled to try

him. Is a Chief Justice of a British Court thus to sit upon a bench

and pre-judge a case of life and death? Have I consulted any legal

gentleman in this Province upon my case whereby by any possibility

your lordship could have been apprised of the witnesses I may

require, or of the nature of the defence which in so serious a case

I may deem it necessary to make? How long have I known that charges

were preferred against me which require either a defence or the

surrender of my life without a struggle? And yet I am told by your

lordship that I _shall_ abide my trial upon the testimony of

witnesses of your lordship’s own choosing, in a defence

predetermined by your lordship long before a grand jury had found a

true bill against me. Is this your boasted British justice? Am I

indeed within the sacred walls of a court, a British Court, the

pride and boast of Englishmen? Shame, my l----

“CHIEF JUSTICE (in a great rage)--Silence, you d--d Yankee rebel!

Not another word or--

“My Lord, I will not keep silence when my life is at stake.... A

jury did I say? They are all strangers to me, but from the

proceedings I have witnessed to-day, I have no doubt they are mere

tools of the Government, pledged to render a verdict of guilty and

perjure their own hearts.

“A JURYMAN, from the box--My Lord, are we honest men to be insulted

and abused in this manner?

“No doubt the gentleman _is_ an honest man.... My Lord, I have

done--but I again _demand_ from your lordship the full time allowed

by law for my defence.... At present I have only to request to be

furnished with a copy of my indictment.

“CHIEF JUSTICE--The Court will not allow you a copy.”

There is no reason to infer that this is misquoted in a single letter.

In fact current testimony will bear out all that Miller says, and the

reading of this court scene will give us a very true insight into life

in Canada in 1838, and will be quite new to the present generation of

Canadians. The author gets this court scene from “Notes of an Exile, on

Canada, England and Van Diemen’s Land,” by Linus Wilson Miller, and it

is probable that the copy of Miller’s book that I possess is the only

one in Canada to-day.

“On August 5th, 1838, Linus Wilson Miller was again tried at

Niagara, and here follows the scene in court when the jury brought

in a verdict of ‘Guilty, with an earnest recommendation of the

prisoner to the extreme mercy of the court.’

“CHIEF JUSTICE (in a great rage)--Gentlemen of the jury, do you

know that your verdict is virtually an acquittal? How dare you

bring in such a verdict in this case?...

“THE FOREMAN--My Lord, the jury regard him as having been partially

deranged some months since, but of sane mind when he invaded this

province.

“CHIEF JUSTICE--Then retire, gentlemen, and reconsider your

verdict. You cannot recommend him to mercy.

“In a few minutes they returned with a verdict of ‘guilty, with a

recommendation of the prisoner to the mercy of the court.’

“CHIEF JUSTICE--Gentlemen of the jury, I’ll teach you your duty,

how dare you return such a verdict?...

“A JURYMAN--My Lord, we recommend him on account of his youth.

“CHIEF JUSTICE--That is no excuse for his crimes, ...

“ANOTHER JURYMAN--My Lord, we believe him to be an enthusiast in

the cause in which he was engaged; that his motives are good, and

his conduct honorable and humane.

“CHIEF JUSTICE--Your duty is to pronounce the prisoner guilty or

not guilty.

“After a short consultation the jury returned a verdict of guilty

only, and the infamous Chief Justice--a second Jeffreys--with a

countenance beaming with hellish smiles, bowed to the jury.”

Miller was in due course sentenced to be hanged, but this sentence was

commuted to transportation. We find him and twelve others, all

Canadians, chained and sent by steamer _Cobourg_ to Kingston. From

Kingston the party were sent by another steamer to Montreal. After being

changed again they reached Quebec. Here the thirteen Canadian prisoners

were put on board a timber ship and sent to England. From the fact that

so very few Canadians know that Canadians were transported to the other

side of the world, the author makes special mention of this matter.

To-day we would not think of doing such things, and very many Canadians

will be inclined to question the truthfulness of the statement. But, in

all, ninety-one Canadian state prisoners were sent to that distant penal

colony. A few lines of verse may be inserted as very apt and striking.

They are by T. R. Harvey:

Morn on the waters! And purple and bright

Bursts on the billows the flashing of light;

O’er the glad waves like a child of the sun,

See, the tall vessel goes gallantly on.

Full to the breeze she unbosoms her sail,

And her pennon streams onward like hope in the gale;

The winds come around her in murmur and song,

And the surges rejoice as they bear her along.

See, she looks up to the golden-edged clouds,

And the sailor sings gaily aloft in her shrouds.

Onward she glides amid ripple and spray,

Over the waters, away and away!

Bright as the visions of youth ere they part,

Passing away like a dream of the heart.

Who, as the beautiful pageant sweeps by,

Music around her and sunshine on high,

Pauses to think amid glitter and show

Oh, there be hearts that are breaking below!

Night on the waves! And the moon is on high,

Hung like a gem on the brow of the sky,

Treading its depths in the power of its might,

And turning the clouds, as they pass her, to light.

Look to the waters! Asleep on their breast

Seems not the ship like an island of rest?

Bright and alone on the shadowy main,

Like a heart-cherished home on some desolate plain.

Who, as he watches her silently gliding,

Remembers that wave after wave is dividing

Bosoms that sorrow and guilt could not sever,

Hearts that are parted and broken forever?

Or dreams that he watches afloat on the wave,

The death-bed of hope, or the young spirit’s grave.

So far as can be known only thirteen of the ninety-six ever got back

home to Canada, after years of waiting, hoping and praying. All the

others found untimely graves in that far-off land, where they died

broken-hearted and alone.

Linus Wilson Miller did not get home until August, 1846, he being one of

the very first to reach America. A sailing ship brought him to

Pernambuco. At that port the captain of the American barque _Globe_

accepted a bill drawn by him on his father for his passage, he being

totally without money. Englishmen and Americans resident at Pernambuco

however, on learning the facts, and being acquainted with the desperate

treatment of Miller, raised the funds to take up the bill and send him

on home. To-day we consider the execution of Lount and Matthews simply

judicial murder, and Sir George Arthur went to his reward in after years

with a heavy load on his conscience. It is hardly in the bounds of

possibility for him ever to forget the time when Mrs. Lount knelt before

him and prayed for the life of her husband, and he refused to as much as

listen to her.

Van Schultz too, poor fellow, a Pole, who escaped oppression in his own

country, came to the United States; then, fancying us oppressed, he

voluntarily tried to help us, and, as we all know, was captured at the

disturbance at Windmill Point, Prescott. Generous and impulsive, but

misguided, his execution was another judicial murder exulted in by the

Family Compact. Linus Wilson Miller’s crimes to-day would perhaps be met

by a half year’s sentence of incarceration. But he was broken down in

health by the hard usage and hard work he had to endure in Tasmania, as

well as were all the other state prisoners. Being a state prisoner he

would not now be compelled to labor, if treated as political prisoners

are treated the world over. He and all the others were worked to the

bone, flogged, and most of them sent to early graves in that far-off

land.

Thank God, we have changed all that.

Lord Durham came out as Governor-General right after the trouble.

Responsible constitutional government was granted, and all the reforms

the people asked for. Not in the most remote degree was the Home

Government responsible for our misusage, nor for the uprising, for it

knew nothing of it. In illustration of this, the following example is

pertinent: When Sir Francis Bond Head, who was the supreme Governor

General during the uprising, was on his way home he stopped at New York.

There he met Marshal S. Bidwell, then an exile, and a man universally

acknowledged as at the head of the bar in Canada. Sir Francis

deliberately told Bidwell he had received instructions from the Home

Government to appoint him judge. Bidwell turned and fled, and never bade

adieu to him. On gaining the street he first thought of returning and

apologizing for his rudeness, but the injury was too great, and he never

saw Head again? Can we wonder at the Canadian uprising when such things

could be?

At the top of a parchment Crown deed to one of the Conants the name of

Sir Francis Bond Head appears, and never can the author look upon that

parchment without unpleasant thoughts of the man’s poltroonery and

narrowness.

It is not out of place to record here the fact that Benedict Arnold, the

traitor, received a grant of 18,000 acres of our lands in Upper Canada

not far from the author’s home. No Canadian ever liked a traitor, nor do

we like the memory of Arnold, hence special mention is made of the

grant. The British Government gave him £10,000 besides. There is a

little verse which covers all the points nicely, thus:

“From Cain to Catiline the world hath known

Her traitors--vaunted votaries of crime--

Caligula and Nero sat alone

Upon the pinnacle of vice sublime;

But they were moved by hate, or wish to climb

The rugged steeps of Fame; in letters bold

To write their names upon the scroll of Time;

Therefore their crime some virtue did enfold--

But Arnold! thine had none--’twas all for sordid gold!”

[Illustration: DESK USED IN THE LEGISLATIVE CHAMBER BY W. LYON

MACKENZIE. UPPER CANADA, 1837.

(From the J. Ross Robertson collection.)

]

Life in Canada · 第 7 / 24 章