CHAPTER III.

THE FAMILY COMPACT.

What was the nature and origin of this powerful organization--this

informally-constituted league, the name whereof has been familiar to the

ears of Upper Canadians during the whole, or nearly the whole, of the

present century; which is referred to in nearly all books dealing with

the political and social life of this Province before the Union of 1841;

which for forty years regulated the public policy of the colony, and

ruled with an iron hand over the liberties of the inhabitants?

Immediately after the ratification of the Treaty of Paris, in 1763,

whereby Canada was ceded by France to Great Britain, it became necessary

for the British Government to appoint a considerable number of officials

to fill the public offices in the country so ceded. It did not suit the

policy of the conquerors to leave much power in the hands of the

conquered. The introduction of the English language and laws was

moreover a practical disqualification for most of the native inhabitants

of the colony, and the new officials were nearly all sent over from

England. Some of the principal personages among them were men of probity

and brains. Others, though possessed of a full share of brains, had but

a younger brother's portion of the other commodity. The underlings,

generally speaking, had but a slender allowance of either. They were for

the most part appointed on the recommendation of various supporters of

the Government of the day, who were thus able to provide for a number of

their needy relatives and dependants--a matter of vastly greater

importance in their eyes than the proper administration of the affairs

of a distant and newly-acquired colony. The Conquest thus proved a boon

to many servile hangers-on of public men in Great Britain, and scores of

the waifs and strays of British aristocracy began to turn their eyes

towards Canada as a possible resource in the last emergency. It was said

to be a cold and comfortless land, but it was surely preferable to the

Fleet Prison or the Marshalsea, with the alternative of starvation or

enlistment in the army. Many of these pimps and panders to the whims or

the passions of those in high station found their way to Quebec and

Montreal, and were provided for at the public expense by being installed

in places of greater or less emolument.[45]

When Upper Canada was set apart as a separate Province, in 1791, the

field of operations was considerably extended. Indeed, the Upper

Province soon came to be regarded with special favour by intending

aspirants to office, as it was in all respects an English colony;

whereas Lower Canada, in spite of all attempts to Anglicize it, remained

much more French than English. Lower Canada, indeed, remained in some

respects more French than any other part of the world, not even

excepting France itself, for in that country the Great Revolution had

swept away many effete institutions which were still retained in all

their decrepitude among the Frenchmen of the New World. Now, the French

Canadians, though most of the avenues to power and office were closed to

them, composed a vast majority of the population. They did not take

kindly to the British colonists, and declined to fraternize with them.

The latter could bear this isolation, as they were comforted by the

spoils of office, but their lives were rendered much less agreeable than

they would have been in a colony where no such disturbing elements were

known. Upper Canada was precisely such a colony. No part of Britain was

more British in sentiment. In no part of the world would an expatriated

Englishman find himself more entirely in harmony with his environment,

from a purely patriotic point of view. What wonder, then, that Upper

Canada was regarded by place-hunting emigrants from England with

wistful eyes? What wonder that an appointment to a public office in

Upper Canada should have been regarded by such persons as a thing

greatly to be coveted? Such aspirants were regarded with but little

favour by Governor Simcoe. His great object was to launch the Province

successfully on its career, and to lay the foundations of good

government. He brought with him his own staff, selected by himself with

a single eye to their fitness for the positions which they were

respectively intended to fill. During his day there was little or no

favouritism in public appointments, and but little, if anything, to find

fault with in the conduct of the administration. His demission of office

was almost immediately followed by a relaxation of discipline, and by a

looseness in the management of the public business. As the years passed

by, the Province became the resort of numerous office-seekers from

beyond sea--half-pay officers and scions of good English, Scotch and

Irish families, who sought to better their fortunes by expatriation. As

they were, generally speaking, men of some education, and of manners

more polished than were ordinarily found among the colonists, they

naturally assimilated, and were drawn towards each other. They likewise

coalesced, to some extent, with a few United Empire Loyalist families of

exclusive pretensions, in whose veins the blood was supposed to possess

an exceptionally cerulean tint. Several persons who had rapidly gained

wealth by trade and speculation, and who had thereby acquired influence

in the community, were also admitted. In an inconceivably short space of

time this union of several influential cliques was followed by important

results. They acquired a strength and influence which, in the then

primitive state of the colony, carried all before them. They wormed

themselves into all the more important offices, directed the Councils of

the Sovereign's representative, and, in a word, became the power behind

the Throne. In the early years of their domination they organized their

forces with much tact and judgment, and did not develop their plans

until they had been carefully matured. They may be said to have

practically absorbed the Executive and Legislative Councils, as those

bodies were entirely made up of persons either selected from among them

or entirely subservient to their influence. No man, whatever his

abilities, could hope to succeed in any profession or calling in Upper

Canada if he dared to declare himself in opposition to them. A few made

the attempt, and failed most signally.

Such was the Family Compact. "For a long time," says Lord Durham,[46]

writing in 1838, "this body of men, receiving at times accessions to its

members, possessed almost all the highest public offices, by means of

which, and of its influence in the Executive Council, it wielded all the

powers of Government; it maintained influence in the Legislature by

means of its predominance in the Legislative Council; and it disposed of

the large number of petty posts which are in the patronage of the

Government all over the Province. Successive Governors, as they came in

their turn, are said to have either submitted quietly to its influence,

or, after a short and unavailing struggle, to have yielded to this

well-organized party the conduct of affairs. The bench, the magistracy,

the high offices of the Episcopal Church, and a great part of the legal

profession, are filled by the adherents of this party: by grant or

purchase they have acquired nearly the whole of the waste lands of the

Province; they are all-powerful in the chartered banks, and, till

lately, shared among themselves almost exclusively all offices of trust

and profit."

The influences which produced the Family Compact were not confined to

Upper Canada. In the Lower Province, as well as in Nova Scotia and New

Brunswick, similar causes led to similar results, and the term "Family

Compact" has at one time or another been a familiar one in all the

British North American colonies. But in none of them did the

organization attain to such a plenitude of power as in this Province,

and in none of them did it wield the sceptre of authority with so

thorough an indifference to the principles of right and wrong. Its name

is a rather indefinite, but not inapt characterization. Lord Durham

refers to the term "Family Compact," as being not much more appropriate

than party designations usually are; "inasmuch as," he writes, "there

is, in truth, very little of family connexion among the persons thus

united.[47]" "Much" is a saving clause, but if his Lordship had thought

it worth his while to enquire minutely into the relations subsisting

between the members of this body, he would have found that there had

been a good many intermarriages between them, and that the pecuniary

interests which bound them together had been welded by the most powerful

of social bonds.[48] The designation "Family Compact," however, did not

owe its origin to any combination of North American colonists, but was

borrowed from the diplomatic history of Europe. By the treaty signed at

Paris on the 15th of August, 1761, by representatives on behalf of

France and Spain, the contracting parties agreed to guarantee each

other's territories, to provide mutual succours by sea and land, and to

consider the enemy of either as the enemy of both. This treaty, being

contracted between the two branches of the House of Bourbon, is known to

history as the Family Compact Treaty, and the name was adopted in the

Canadas, as well as in the Maritime Provinces, to designate the

combination which enjoyed a monopoly of power and place in the

community, and among the members whereof there seemed to be a perfect,

if unexpressed, understanding, that they were to make common cause

against any and all persons who might attempt to diminish or destroy

their influence.

The members of the Family Compact, with very few exceptions, were

members of the Church of England, which, owing to the before-mentioned

provisions in the Constitutional Act, they regarded as the State Church

of Upper Canada, established by law, and entitled to the special

veneration of the inhabitants. They accounted all persons as members of

the Church of England who were not actual members of some other

religious body, and in enumerating the people for statistical purposes

they sometimes even went so far as to include the infant children of

Dissenters as Episcopalians. They sought to defend the alleged

establishment of a State Church in Canada by arguments which it is

astonishing to think that men of education and intelligence should ever

have stooped to employ. "There should be in every Christian country an

established religion," said Dr. Strachan, in his evidence before the

Select Committee on Grievances, in 1835, "otherwise it is not a

Christian but an infidel country."[49] According to their theory, one of

the principal ends of the Government of Upper Canada was the propagation

of religious truth as set forth in the doctrines of the Church of

England. True, the arguments on the subject were not so well understood

then as now. Mr. Gladstone's little volume on "The State in its

Relations with the Church," and Macaulay's answer thereto in the

_Edinburgh Review_, had not then been published. But some of the most

conclusive arguments adduced by Macaulay were as old as the world

itself; and even Mr. Gladstone, in all his youthful exuberance, did not

venture to take so preposterous a stand as was assumed by the upholders

of a State Church in this Province. Their bigotry and intolerance were

utterly out of keeping with the times in which they lived, and were

better suited to the days of Archbishop Laud or Sir Robert Filmer. Of

that heaven-born charity which suffereth long, and is kind; which

vaunteth not itself, and is not puffed up; which seeketh not her own,

and is not easily provoked; which thinketh no evil; which rejoiceth not

in iniquity, but rejoiceth in the truth; which beareth all things,

believeth all things, endureth all things--of the spirit which impels to

such a state of mind as this, we find few traces in the lives and

writings of the upholders of State-Churchism in Upper Canada in those

days. We find, on the contrary, much unkindness, much vaunting of

themselves, much selfish conceit, much seeking, not only of their own,

but of that which of right belonged to their neighbours. The champions

of ecclesiastical monopoly were easily provoked to anger, and to

thinking and speaking all manner of evil of those who differed from them

as to the distribution of the Clergy Reserves. Roman Catholicism they

contemplated with a certain amount of toleration, as the Roman Catholic

hierarchy yielded the Government an unwavering support in return for the

freedom and privileges which they enjoyed. But their toleration was not

broad enough to cover any other form of religious belief. Dissent, in

all its multiform phases, they looked upon with mingled abhorrence and

contempt--as a thing to be shunned and tabooed by all right-minded

persons. Dissenting ministers of religion were regarded as "low

fellows," whom it was no sin to persecute, and, if possible, drive out

of the country. Comparatively few of the latter were permitted to

solemnize matrimony during the first forty years of the Province's

history. By the statute 38 George III., chapter 4, passed in 1798, the

privilege of doing so was accorded to ministers of "The Church of

Scotland, or Lutherans or Calvinists;" but it was hedged about with

cumbrous restrictions which must have been felt as humiliating and

unnecessary. No person was to be regarded as a minister under the Act

until he had appeared before the Justices of the Peace in Quarter

Sessions, and had produced satisfactory credentials of his ordination.

He was also compelled to take the oath of allegiance. Even after

complying with all formalities, his functions were restricted to cases

where one or both of the parties to be joined together belonged to his

own religious society. Ministers of other denominations, including those

of the Methodist body, which was the most numerous religious community

in the Province, were not allowed the privilege of solemnizing marriage

rites till the year 1831. The ignominous disqualification was removed

by the statute 11 George IV., chapter 36, which was passed in 1830, but

which did not receive the royal assent until the following year. A

similar measure had repeatedly been passed by the Assembly in former

sessions, but had as often been rejected by the Upper House. Before the

law was finally and equitably settled as above mentioned, several

ministers of religion had been tried and banished from the Province for

having ventured to solemnize matrimony without legal authority. It is

said that in one case where a minister was tried on a charge of this

kind, the accused protested against his sentence, alleging that the

Chief Justice, who presided at the trial, had himself sanctioned the

performance of the ceremony. The Chief Justice, being called upon to

descend from the judgment seat and give evidence as to this fact,

declined to do so; but he afterwards procured a pardon for the

prisoner.[50]

The Compact always contained within its ranks a few persons of more than

average ability. Some of them doubtless believed that the course pursued

by their organization was for the advantage of the colony, though,

reasoning by the light of present knowledge, it is difficult to

comprehend how men of even moderate perspicacity and judgment could have

brought themselves to such a conclusion. It was, however, inevitable

that persons of such narrow and contracted views--persons to whom self

and pelf were the mainsprings of life--should degenerate, mentally as

well as morally. The persons composing the second generation were, with

very few exceptions, striking illustrations of the doctrine of the

descent of man. Their sires had been men of energy and force of

character. They themselves were--to borrow a phrase from the acting

drama--the mere walking gentlemen of the colony. The sires had

originated a bold and determined policy, and had from first to last

pursued it with consistent vigour. The sons had neither brains to

conceive nor discretion to carry out the conceptions of others. The

sires had been persons whom it had been possible for the commonalty to

respect. The sons were persons whom it was impossible not to despise.

Surely a more superlatively commonplace and contemptible race of human

beings has seldom been seen on the earth than four-fifths of the second

generation of this bastard aristocracy of Upper Canada. It bore no

resemblance to any other aristocracy whereof history has preserved any

record. The old Roman commonalty, while they groaned beneath the iron

heel of tyranny, were one and all conscious of a secret pride in their

imperial oppressors. For the Roman aristocracy was an aristocracy of

nature. The Roman patricians made foreign rulers to crouch and tremble

at the name of Rome. Their triumphs were the triumphs of the nation.

Caius of Corioli, Furius Camillus, Titus Capitolinus, were names the

mere utterance of which stirred the Roman blood like the blast of a

trumpet. For many a long year after one haughty dictator had slept his

last sleep beneath the walls of Praeneste, and after another had taken

his final plunge beneath the yellow Tiber or from the Tarpeian rock,

their exploits furnished themes for tale and song around the Roman

camp-fires. These puissant representatives of the dominant class had

shown little sympathy for the plebeians, upon whom they had looked down

from a lofty height, and towards whom they had ever borne themselves

with haughtiness and disdain. But their pride was a something to be

tolerated by Romans of every degree, for they had achieved much glory

for the Roman name. In the words of one who has interpreted the

sentiment of those times with rare felicity, Rome could bear the pride

of him of whom herself was proud. The old French noblesse, again, were

not devoid of redeeming qualities. Their galling yoke would not have

been borne from reign to reign, and through century after century, even

by such seeming reconcilables as constituted the bulk of the French

populace during the ante-Revolutionary period, if they had all been like

the wicked St. Evremonde of Mr. Dickens's tragic story. As a class, they

had a subtle French grace about them which rendered their most grievous

exactions less hard to bear than were the exactions of their eastern

neighbours. They were an unmistakable _haute noblesse_, ever polished

and dignified. Some of them, like Philippe Egalite, had the cunning,

when the time of trial arrived, to bend to the popular storm, and even

to affect a zeal for citizenship. Comparatively few of them were at once

_blase_ and brainless. It may be doubted if a single one of them

combined--as did many of the rank and file of the second generation of

the Family Compact of Upper Canada--the pretensions of an aristocrat

with the sentiments of a boor and the intellectual development of a

child. Yet further. The feeling of veneration with which the English

commonalty have for centuries regarded the House of Lords is easy enough

to understand. That feeling seems to be rapidly passing away, if,

indeed, it has not already departed. But it would not have endured from

the time of the Plantagenets to the time of Queen Victoria if it had not

had some substantial foundation to rest upon. The House of Lords has

always contained a number of men of high integrity and ability. Take it

for all and all, it is probably the most just-minded and intellectual

aristocratic assembly the world has ever seen. This may not be very high

praise, but it may at least be taken for what it is worth. Its

individual members are seldom brought sufficiently near to the lower

order of the commonalty to enable the latter to detect their weaknesses.

Their wealth, prestige and social position give them a vast influence,

while at the same time their legislative powers are held in check by the

direct representatives of the people. Most of these conditions were

directly reversed in Upper Canada, where the members of the dominant

faction were brought into the closest relations with the people

generally, insomuch that their many deficiencies could not be concealed.

Such wealth as they had they were too often known to have obtained at

the expense of the rest of the community. The Lower House formed no

efficacious check upon them, for they either managed to return a

sufficient number of their tools to control the vote in that body, or

else they rendered the Assembly's operations of no avail by means of

their influence in the Legislative Council. They had none of the

graceful suavity of the Lower Canadian seigneurs. Nor could they boast

of the superiority derived from a liberal education. Many of them--even

including some of those who held high public offices--were so illiterate

that they were unable to write a simple business letter without

committing errors of orthography of which any one but Artemus Ward or

Jeames de la Pluche might well feel ashamed.

Nearly all the leading spirits of this strangely-assorted oligarchy were

either wealthy or on the direct road to wealth. Being comfortably

provided for at the public cost, in the form of fat offices or wild

lands, or both, they assumed a swelling port, and aped, as best they

knew how, the manners and customs of the upper classes in Great Britain.

They built their dwellings in imitation of old-fashioned English

manor-houses, with a variety of wings and gables, and with broad

entrance halls which in an emergency might have served the purpose of

presence-chambers. They dined long and late, and with much old-world

pomp and ceremonial. They drove out in coaches emblazoned with heraldic

bearings, and attended by broad-calved flunkeys in family livery.

Certain social observances of the early Georgian era, long since effete

and worn out in England, flourished in the social life of Little York

down to a period within the memory of many persons who are still living.

The aristocratic clique which preserved these customs was in the highest

degree rigid and exclusive. No outsider was admitted into the charmed

circle unless he came duly ticketed and accredited. The attempt to

transplant the usages of an old and advanced state of society into the

primitive streets and lanes of such places as York, Kingston, and

Woodstock was for a time more successful than might be supposed. Such of

the families as had been to the manner born carried off these

observances with considerable grace. They had brought their traditions

with them across the Atlantic, and though such traditions were not well

suited to the genius of a young and sparsely-settled colony, they were

at least maintained with some regard to the sources whence they had been

derived. With the pretenders who formed a portion of the clique, and who

had been admitted into it for special political reasons, the attempt to

copy the habits of their social superiors was, generally speaking, less

satisfactory. There was, in truth, an inner social circle which these

latter were never invited to join. They, however, enjoyed all the

political and pecuniary advantages arising from their connection, and

were not easily distinguishable by outsiders from the very head and

front of the organization.

So far as to the wealthy members of the ruling faction. But there were a

good many of them who not only were not wealthy, but who were in

positively indigent circumstances. These, for the most part, were

members of old country families who had sent them to Canada with the

sole object of getting rid of them. Others were half-pay officers who

had spent their whole fortunes in settling on land, after which they had

found themselves unable to make a livelihood, and had then sold their

property for as much--or as little--as they could manage to get. These

latter, after having disposed of their lands, generally repaired to the

towns, and most of them sooner or later found their way to the

Provincial capital. There they became obedient slaves of those in

authority, and picked up a precarious livelihood by making themselves

useful in various ways. The Executive could always find a certain amount

of work for such persons, though, if the truth must be told, the supply

was often greater than the demand. The code of social ethics in vogue

among this class was such as might have been expected from persons who

had been reared to regard themselves as the objects of a special

dispensation of fortune. They looked upon manual labour as degrading.

Any person, no matter what his abilities, who earned a livelihood by the

sweat of his brow, or even by honest trade, was considered as no fit

company for the brood of parasites who hung on to the heels of the

Compact, and who nevertheless did not hesitate to perform tasks from

which the average costermonger would have shrunk in disgust. Their

employers occasionally admitted them to their tables, and even to some

degree of social intimacy. More frequently they presented them with

their cast-off clothing, with new gowns for their wives at Christmas,

or--when things were at a remarkably low ebb--with a hundredweight of

flour or half a barrel of mess pork. Yet the recipients of these favours

piqued themselves upon their good birth and high connexions, and would

have felt themselves insulted if anyone had ventured to hint that they

should visit, upon terms of equality, with the grocer or the butcher in

the next street.

The reader now has before him a sufficient array of facts to enable him

to form a pretty accurate conception of the state of social life in

Upper Canada during ante-Rebellion times. It was a matter of course that

such a monopoly of power as was possessed and exercised by the ruling

faction should excite envy and opposition on the part of those who did

not revel in its smiles or share in its plunder. Loud murmurings began

to make themselves heard against the delay and partiality in the

land-granting department, and against the corrupt manner in which the

public affairs of the Province generally were carried on. Before the

close of Governor Hunter's _regime_ these murmurings had become loud

enough to occasion no little disquiet to some of the officials who had

most reason to dread enquiry and investigation. The abuses were greater

in some branches of the service than in others, but peculation prevailed

to a greater or less extent almost everywhere. The Indian department was

notorious for the corruption of its officials. A sum of sixty thousand

pounds sterling was annually granted by the Imperial Government for

distribution among the various tribes, and for the payment of agents and

interpreters. The distribution among the Indians chiefly took the form

of commodities which had a particular fascination for the mind of the

noble savage--such commodities, for instance, as muskets, powder,

bullets, knives, tomahawks, hatchets, blankets, spangles, pocket

mirrors, and--last, but by no means least--fire-water. The opportunities

which this grant afforded for peculation and plunder were too tempting

to be resisted. The agents and their subordinates, from highest to

lowest, owed their positions to their servility and usefulness to those

in authority. So long as they proved serviceable and obedient to their

masters, there was not much likelihood of their being called to serious

account for any iniquities they might commit towards Mohawk or Seneca,

Oneida or Mississauga. By way of consequence, the Indians were robbed and

the Government was robbed; and the robbers, feeling secure of protection

from their superiors, plied their nefarious traffic with impunity.[51]

There were equally culpable but less notorious abuses of power in other

branches of the service. Probably not one in ten of these ever came to

light, but from time to time there were awkward revelations which could

not be suppressed. All these things combined to beget a widespread lack

of confidence in the official clique. The want of confidence, not

without good reason, extended even to the administrators of the law. The

judges, as already mentioned, held office at the will of the Executive,

and, at least in some instances, were shamelessly servile and corrupt.

This led to their dicta being disregarded by sturdy 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 passing 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 harassed, 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 Assembly 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 acumen, 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 assert 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

passed 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

instituted. 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 constituencies 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 Assembly 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 entitled 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 multitude 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 Assembly, 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 Assembly. 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 instituted 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 constitution 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 petition

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 passed 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 entitled. 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 pronounced 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 Willcocks 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, Willcocks 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

constituency, 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 circumstance 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. Willcocks

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

Assembly 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 Assembly 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 Assembly 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 Willcocks, the dominating class 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 class 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 pronouncing 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

circumstance, 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

amassed wealth by trade or speculation, and had made their way into the

exclusive circle by a fortunate combination of circumstances.

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 assumptions 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

class 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 asserted." 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-constituted aristocrats. They generally

preserved a modicum 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 Tite 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 classes 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 pass on the way to full and assured 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 constitutes 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 passing 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, L500

sterling. 2. HENRY, son to No. 1, Attorney-General and Bank Solicitor,

L2400. 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., L650. 5. GEORGE, son to No.

1, Registrar of Northumberland, Member of Assembly 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, L2000. 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. L1300. 8. WILLIAM, brother to Nos. 6 and 7,

Postmaster of Newmarket, Member of Assembly 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 L1000. 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 L900. 12. LEVIUS P. SHERWOOD, brother-in-law to Nos.

9, 10, 11, one of the Justices of the Court of King's Bench. Income

L1000. 13. HENRY, son to No. 12, Clerk of Assize, 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 L100. 16. JAMES B. MACAULAY,

brother-in-law to Nos. 17 and 19, one of the Justices of the Court of

King's Bench. Income L1000. 17. CHRISTOPHER ALEXANDER HAGERMAN,

brother-in-law to No. 16, Solicitor-General. L800. 18. JOHN MCGILL, a

relation of Nos. 16 and 17, Legislative Councillor for life. Pensioner,

L500. 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. L500. 21. HENRY JONES, cousin to Nos. 9, 10, etc., Postmaster

of Brockville, Justice of the Peace, Member of Assembly for Brockville,

Income unknown. 22. WILLIAM DUMMER POWELL, father of No. 24, Legislative

Councillor for life, Justice of the Peace, Pensioner. Pension, L1000.

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 Principal of Probate

Court, Commissioner of Customs, etc. Income L675. 25. WILLIAM M.,

brother to 23, High Sheriff Gore District. Income from L500 to L800. 26.

WILLIAM B., cousin to Nos. 23 and 25, High Sheriff, Home District,

Member of Assembly. Income L900. 27. ADIEL SHERWOOD, cousin to No. 12,

High Sheriff of Johnstown, and Treasurer of that district. Income from

L500 to L800. 28. GEORGE SHERWOOD, son to No. 12, Clerk of Assize. 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

L1800. 30. THOMAS MERCER JONES, son-in-law to No. 29, associated 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 Goderich'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 nobodies 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 bastards, 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 Assembly,

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.

The Story of the Upper Canadian Rebellion, Volume 1 · 第 3 / 18 章