CHAPTER X.

LIGHTS--OLD AND NEW.

In the preceding five chapters an attempt has been made to reduce to

narrative form a great mass of heterogeneous material bearing upon the

"Story" which it is the purpose of these volumes to relate. A

considerable proportion of this material is to all practical intents

inaccessible to the general reading public, being scattered here and

there through old and long-forgotten newspapers, blue-books, pamphlets

and unedited manuscripts. Yet some acquaintance with it is absolutely

necessary to a clear comprehension of the deplorable state of things

which existed in this Province during the regime of Sir Peregrine

Maitland and his successor. No one who is ignorant of it is capable of

expressing an intelligent opinion as to the merits or demerits of the

Rebellion and those who took part therein. The principal facts and

circumstances attendant upon some of the most flagrant exhibitions of

Family Compact oppression which mark the fourth decade of Upper Canadian

history have therefore been set forth in consecutive order, and with

considerable minuteness. The picture thus afforded of Provincial-society

and Government, though pregnant with instruction, is by no means an

attractive one, and any person contemplating it for the first time may

well be excused for questioning its perfect accuracy. The drawing, at

times, seems to be too wavy in outline, and some of the details have the

appearance of being painted in colours too glaring to be natural. But a

strict examination of the properties will correct all such impressions.

Varying themes require varying methods of treatment. There are certain

features of landscape which must not be drawn with absolute sharpness of

outline, and there are subjects to which neutral tints altogether fail

to do justice. Of such a character are more than one of the scenes here

reproduced. Independently of the mere method of treatment, the

historical evidence is so clear and explicit that it can be questioned

by no one who takes the trouble to examine it. As to mere matters of

fact, there will be little or no difference of opinion among those who

consult and compare the various authorities cited in the notes.[130]

The cases hitherto recorded are merely a few out of many, but they

suffice to tell the story of Executive cruelty and selfishness during

the period referred to more effectively than it could possibly be told

without their aid. To set forth with equal fulness of detail the

circumstances attendant upon the persecution of Jonah Brown, Robert

Randal, Hugh Christopher Thompson, and a round score of minor victims,

would be to extend this work to an interminable length. The materials

for a work written on such a plan are abundant, as they include all the

facts arising out of the stupendous iniquity sought to be perpetrated

under the guise of the Alien Bill. The particulars connected with the

attempt to force this infamous measure upon the people of Upper Canada

cannot be inquired into in these pages. Sufficient to say that it was a

most dishonest and unstatesmanlike attempt on the part of the Executive

to get rid of political opponents by repudiating the well-understood

obligations of their predecessors in office: an attempt to dispossess

persons who, relying upon the faith of the Government of the day, had

settled in the country and taken up lands, to which they had received

titles, and upon which they and their parents had in many cases resided

ever since Governor Simcoe's time. The attempt failed through the

vigilance of the Opposition and the interference of the Imperial

Government, but it proved the length to which the official party were

prepared to go in order to maintain the existing order of things. It was

of a piece with the rest of the Executive policy, which seemed to wax

more and more exacting and one-sided with lapse of time. It was

abundantly clear to many persons unconnected with the Reform party that

there was no justice in the land for a Reformer, and that the oligarchy

by whom the country was dominated cared nothing for its best interests.

Constitutional liberty was systematically trampled under foot. The

oft-quoted boast of the Founder of the Province about the Upper Canadian

constitution being "the very image and transcript of that of Great

Britain"[131] seemed the hollowest mockery when viewed in the light of

events which had become a matter of frequent occurrence.

It was not only to the thumbs of political opponents that the Executive

screw was applied. When occasion arose it was applied with surprising

energy and vigour to the thumbs of those who had long been obedient

slaves of the Administration. Nothing more clearly shows the shameless

exercise of power on the part of the faction: nothing more clearly

proves the complete subordination of their tools, and the depths of

degradation to which public men could be made to stoop: than an episode

which occurred during the Parliamentary session of 1828. The persons

chiefly involved were the Hon. James Baby, who was himself

Inspector-General of Public Accounts and senior member of the Executive

Council, and ex-Chief Justice Powell. It has already been explained that

the first-named personage had for some time past ceased to carry any

great weight at the Council Board, where he had been to a considerable

extent superseded by his juniors.[132] His seniority was merely in point

of time, and his influence on the policy of the Government was as

insignificant as it possibly could be, consistently with the position

which he held. He keenly felt his having been, so to speak, thrust into

the background, and in several instances showed a disposition to assert

himself by acting independently. A similar feeling, but milder in

degree, animated the breast of the ex-Chief Justice, whose place as

principal lay adviser of the Lieutenant-Governor had long since been

taken by Attorney-General Robinson. During the session of 1823-4 he had

seen fit to protest against a School Bill passed by the Assembly, under

which Dr. Strachan was intended to and did actually derive a sinecure

salary of three hundred pounds a year. His protest, at his own urgent

request, was entered on the journal, where it seemed likely to remain a

perpetual memento of his independence and of the servility of his

colleagues. But this was by no means desired by the Lieutenant-Governor

and the Attorney-General. Pressure was brought to bear upon the

recalcitrant member, under the influence of which he was forced to

succumb. He consented that the protest should be erased from the

journal, and it was erased accordingly.[133] But a still more sickening

humiliation was in store for him, as well as for the venerable Mr. Baby.

During the session of 1828 several petitions were received by the

Assembly praying for relief against a law passed in 1825, whereby

certain taxes had been imposed on wild lands.[134] Among other

grievances complained of was the manner in which the law had been

passed. It was distinctly alleged in one of the petitions that the

measure had been pushed through both Houses with too great rapidity, and

that most culpable means had been employed in order to procure the

assent of certain members to whom it was objectionable. The Assembly

entertained the petitions, and appointed a Committee to inquire into the

matter. A number of witnesses were examined, and some astounding facts

elicited. The allegations as to undue influence were proved by the

clearest evidence, and by witnesses who had generally been accustomed to

act with the Government. One of these was our somewhile acquaintance,

the Hon. William Dickson, who, as has previously been seen, was the

owner of an immense tract of land,[135] and was consequently seriously

affected by the law enacted in 1825. His evidence, as printed in the

Appendix to the Journals of the Assembly,[136] stands as a perpetual

indictment against Sir Peregrine Maitland and the venal clique by whom

he was surrounded. It appears that from the time when the Bill relating

to the taxation of wild lands was first introduced into the Upper House

it was an unpopular measure, and that it was opposed by a majority of

the members. Most of the latter were large landholders by virtue of

their membership, and some of them had acquired additional blocks by

purchase. The obnoxious Bill was opposed at every stage, and there

seemed to be no possibility of its becoming law. Its defeat being

regarded as inevitable, its opponents to some extent relaxed their

efforts, and congratulated each other upon their apparent success. On

the third reading, however, Mr. Dickson found, to his supreme

astonishment and disgust, that some of the members upon whom he had

relied for votes presented an entire change of front, and appeared in

the _role_ of supporters of the measure. It was noticeable that all the

converts, or perverts, held offices under the Government. The Hon. John

Henry Dunn, Provincial Receiver-General, took a different course. He had

been among the most determined opponents of the Bill, and had declared

that it would never pass.[137] He had too much self-respect, after

taking such a stand, to give the lie to all his protestations by voting

for the measure, so he quietly staid at home on a pretence of

sickness.[138] Referring to those who took a more determined stand, by

voting contrary to their pledges, Mr. Dickson says: "This change, I am

satisfied, arose from intimidation by the Local Government, who seemed

determined to carry the measure at any sacrifice. It was most painfully

manifest from their countenances and demeanour that the change was not

from conviction, but from coercion. The business of the Legislative

Council was suspended for two hours for a meeting of the Executive

Council. And I do believe that at that Council the members of the

Legislative Council holding offices were constrained at the peril of

their situations to vote for the measures they had a week before

decidedly opposed. Upon those members returning that day to their

legislative duties there was a change of voting, and one of those who

staid away on pretence of sickness was, to my knowledge, able to

attend." The reference here is presumably to Mr. Dunn. Mr. Dickson's

evidence then goes on to say that about ten minutes before the vote was

taken, a message was delivered to the Hon. James Baby that Major Hillier

wished to speak to him. Major Hillier was the Lieutenant-Governor's most

confidential secretary, and was employed in numberless little

transactions requiring the exercise of coolness and tact. In response to

the message Mr. Baby left his place in the House, and did not return for

some time. Upon his return from the interview to his accustomed seat he

was evidently much confused and agitated. Being spoken to by Mr. Dickson

he found it impossible to conceal his agitation, but told his

interlocutor, to that gentleman's great astonishment, that he must vote

for the Bill. When the time came he accordingly voted with the

Government, and the Bill was carried by a small majority, Messieurs

Dickson and Clark entering a determined protest against it. "After the

passing of the Bill," continues Mr. Dickson, "the Hon. Mr. Baby, after

leaving the House, put his hand upon his heart, and, with reference to

his change of conduct on the measure, said something about his children,

expressive of his regret at the necessity which drove him to the

abandonment of the course he had pursued."

Mr. Powell, who was then Speaker of the Legislative Council, was

evidently subjected to similar influences. Like Mr. Baby, he had been

strenuous in his opposition to the Bill, and had even gone so far as to

speak harshly of some of those who promoted it. But he was speedily made

to know his place, and the tenure by which he held it. During a portion

of the two hours when the business of the Legislative Council was

suspended he was in secret conference with Major Hillier and one or more

members of the Executive Council.[139] When he took his seat upon the

resumption of the business of the day, it was noticeable that he, as

well as Baby, was labouring under undue embarrassment and agitation. It

was beyond any reasonable doubt that they had been shamelessly coerced,

and had been compelled to choose between voting as they were commanded

or being dismissed from their respective offices. Upon being questioned

by Mr. Dickson, Powell admitted that he had changed his opinion, and

added, in seeming sincerity, that he had received new light on the

matter within the last ten minutes. Such an exchange of an old lamp for

a new one must surely have been the work of some malignant and monstrous

genie at the Council Board.

It should be mentioned that Dickson's evidence, so far as "extraordinary

and undue influence by the Local Government" is concerned, is fully

confirmed by the evidence of the Hon. Thomas Clark, who was also a

member of the Upper House, and was present at the proceedings above

described.

There could not well be any more conclusive proof of the

unconstitutional and corrupt manner in which the Government was carried

on during Sir Peregrine Maitland's time than is afforded by the

circumstances just narrated. They read like a chapter out of the

political history of England during the last century. The methods

employed by Walpole exhibit nothing baser or more repulsive than these.

His aphorism about "every one of them" having his price might well have

been echoed by Sir Peregrine, so far as the Legislative Council was

concerned, with the addition that the price in Upper Canada was

sometimes ridiculously low. The persons who were guilty of these gross

violations of the constitution, to say nothing of the commonest

principles of honesty, were incessantly prating of their devoted loyalty

to the Crown. Yet it is plain enough that their fealty was always

subservient to what they deemed to be their personal interests. This was

as clearly apparent in 1837 as it had been in 1828. When, a few years

later,[140] a crisis arose in which they were compelled to choose

between those interests and their devotion to the Crown, it was once

more abundantly manifest that theirs was the veriest lip-loyalty. The

burning of the Parliament Buildings at Montreal was as direct an act of

treason as was the affair at Montgomery's Farm.

[Sidenote: 1829.]

In 1828 there was a general election, in the course of which the

Executive party made tremendous exertions to regain a predominating

influence in the Assembly. They perceived plainly enough that a hostile

majority in the Lower House must in the end prove fatal to them. They

might temporarily set it at naught, through their control over the

Legislative Council and the absence of ministerial responsibility, but

they could not hope to keep up such a farce for all time. This knowledge

impelled them to adopt every means which their ingenuity could devise to

secure the return of candidates who might be relied upon to support

their policy. Their success was by no means proportionate to their

efforts. When the returns were all in it appeared that the Opposition

had rather gained than lost by the contest. Two staunch members of the

Compact were defeated in what had theretofore been regarded as safe Tory

boroughs, and Attorney-General Robinson's majority in the Town of York

was greatly diminished. All the most prominent Reformers were returned,

and at the opening of the session on the 8th of January, 1829, Rolph,

Bidwell, Perry, Matthews and Dr. Baldwin took their seats on the

Opposition benches. To their number was now added William Lyon

Mackenzie, who had been returned for the County of York. His election

was a surprise to the Government party, and was pronounced by them to be

an everlasting disgrace to the intelligent and populous constituency

which had returned him. He repaid such compliments as these with others

of a like character, and gave back as much as he received, if not with

usury, at least with fair interest.

Mr. Bidwell was elected to the Speaker's chair by the new Assembly, and

on every test question the Government were left in a hopeless minority.

The vote on the Address in Reply will afford some clue to the political

complexion of the House. It referred to the Lieutenant-Governor's

advisers as having deeply wounded the feelings and injured the best

interests of the country; yet it was carried with only one dissentient

vote--that of J. H. Samson, one of the members for Hastings. Reform was

evidently in the ascendant throughout the Province; but, as during the

preceding Parliament, the exertions of the majority in the Assembly

could do little for Reform under the existing state of the constitution.

The Lieutenant-Governor responded with curt ambiguity to the Assembly's

Address, and cemented his alliance with the Compact by refusing to grant

the prayer of the petition for the release of Collins. The Government

submitted to one defeat after another with dogged sullenness, but with

undiminished contempt for the idea that successive defeats imposed upon

them any obligation to resign.

The session of 1829 was a noisy and quarrelsome one. Hardly had

Mackenzie taken his seat before he began that system of inquiry and

agitation which he thenceforward pursued throughout the whole of his

career as a member of Parliament. He instituted an investigation into

the management of the Provincial Post Office, conducted an inquiry as to

the privileges of members of the Assembly, and as to the behaviour of

certain returning officers, and generally busied himself with important

matters of detail. He displayed precisely the same characteristics as a

legislator that he had displayed as the conductor of a newspaper--great

energy and vigilance, accompanied by a critical and fault-finding

spirit, and an almost entire absence of tact and discretion. He gave

wanton and unnecessary offence to those who differed from him in

opinion, not only on important political questions, but even on

comparatively insignificant matters of every-day occurrence. His

coadjutors found that, independently of the sincerity or insincerity of

his intentions, his judgment was not to be trusted. He could be misled

by any _ignis fatuus_ that displayed a bright light, and was led into

many a Serbonian bog from which he was not extricated without serious

difficulty. Some men have an unerring instinct which, even in the

absence of calm judgment or mature reflection, commonly leads them in

the right path. Mackenzie's first conceptions, on the contrary, were

almost invariably erroneous; and he had a perverse habit of frequently

clinging to an idea once formed, even when experience and deliberation

had proved it to be unsound.[141] At other times his opinions were as

changeable as the hue of the chameleon. In short, he was a creature of

impulse, and too often acted upon the motto of "First fire--then

inquire." This was perhaps a misfortune rather than a fault, and under

ordinary circumstances would have merited lightness of touch on the part

of the historian. But Mr. Mackenzie is identified with a movement which

forms a conspicuous and dramatic passage in Upper Canadian chronicles,

and in justice to others it becomes highly necessary to form a correct

estimate of his personality. This is all the more essential from the

fact that he himself at different times gave various and conflicting

accounts of the episode with which his name is inseparably blended,

which accounts have hitherto been the only sources of information drawn

upon by so-called historians. All the references to the Upper Canadian

Rebellion to be found in current histories are traceable, directly or

indirectly, to Mackenzie himself, and all are built upon false

hypotheses and perverted representations of events. To Mackenzie, more

than to any other person, or to all other persons combined, are to be

attributed all the worst consequences which flowed from that

feebly-planned and ill-starred movement. All the facts point to the

conclusion that if he had been content to play the patient and

subordinate part properly belonging to him, the whole course of his

subsequent life might have been shaped much more smoothly, and he might

have been saved the most serious of the privations which he was

compelled to undergo. Much sorrow and suffering would also have been

spared to others. The injury that may be done in a primitive community

by a man who combines good intentions and great energy with excessive

obstinacy, misguided ambition, and perversity of judgment, is simply

incalculable. The subsequent course of the narrative will be found to

fully bear out these reflections, and to point a moral even where there

is no intention to moralize.

Beyond the perpetual friction which was kept up between the Executive

body and the Opposition, the session of 1829 was barren of events of

permanent political importance. The Executive was tolerably independent

of the popular branch of the Legislature, for it retained the casual and

territorial revenues, and could get along without an annual vote for

supplies. No fewer than twenty-one Bills passed by the Assembly were

rejected by the Legislative Council during the session. "The Province,"

says Mr. MacMullen,[142] "presented the unconstitutional spectacle of a

Government requiring no moneys from the Assembly, and a Legislative

Council of a totally different political complexion from the popular

branch of the Legislature. No restraint could now be imposed on the

Executive by an annual vote of supplies. It was completely independent

of the people." And it declared its independence in the most emphatic

manner by inserting in one of the Lieutenant-Governor's messages a

direct intimation that the Assembly would not be asked to trouble itself

about ways and means.

Certain episodes occurred during this session which are deserving of

something more than passing reference, not only as indicative of the

manners of those times, but because they concern personages whose

achievements were fated to occupy much space in the annals of our

country. The Lieutenant-Governor, Sir John Colborne, had not long been

installed in office before he was exhibited in effigy in the streets of

Hamilton. Certain Tories who were believed to have taken part in the

exhibition openly asserted that the Hamilton Reformers were responsible

for it. It was at the same time alleged that there was a plot on the

part of the Reformers to release Francis Collins from York jail by force

of arms. The two stories emanated from a common source, and as they were

without any foundation in truth the Reform leaders in the Assembly

deemed it proper to institute an inquiry into the matter. Upon motion of

Mr. John Rolph a Committee of Investigation was appointed, with power to

send for persons and papers. It was known that Allan Napier MacNab, who

was then an impecunious young lawyer in Hamilton, could give certain

important information about the affair, and he was summoned to appear

before the Committee during the second week in February. He obeyed the

summons, so far as presenting an appearance was concerned, but he

refused to reply to certain questions put to him, and conducted himself

with great insolence and want of discretion. Being again summoned before

the Committee, to answer for his conduct, he read a written defence

which had been prepared for him, and which rather aggravated his offence

than otherwise. Accordingly, on motion of Dr. Baldwin, seconded by

George Rolph, the future baronet was committed to York jail, under

warrant of the Speaker, during the pleasure of the House. After

remaining in custody about ten days, Mr. MacNab addressed a letter to

the House which reads very much like a repetition of his former

contempt, but which the Assembly seem to have construed very charitably,

as on the 3rd of March a motion was carried for his discharge, and he

was set at liberty.

This brief term of imprisonment, which in all lasted less than a

fortnight, was the turning point in the reckless young lawyer's career.

Up to that time he had been nobody, and had had no apparent prospect of

ever attaining to any importance. But from this time forward the

official party regarded him in the light of a martyr who had suffered in

the good cause. They feasted and lionized him, and did their utmost to

advance his fortunes. At the elections which took place during the

following year they returned him as one of the representatives of the

County of Wentworth in the Assembly, where, though he lacked sufficient

ballast to display anything like statesmanship, he made considerable

noise, and erelong became a notable personage. He was voluble, and made

many verbose speeches, the matter of which never rose above the veriest

commonplace, but as it was always charged with emphatic High Toryism it

was applauded to the echo by the official party. Eventually, as every

Canadian knows, he obtained high distinction and eminence, and had

abundant reason to bless the discipline which he had received at the

hands of a Parliamentary Committee. But for that discipline he might

have lived and died an obscure country lawyer. To that discipline he was

indebted for all the honours which subsequently descended upon him. By

its aid he successively became a member of the Upper Canadian

Parliament, Speaker of the Assembly, Commander-in-Chief of the Upper

Canadian land forces during the Rebellion, Knight, Queen's Counsel,

member of the United Parliament of Canada, leader of the Tory Party in

the Canadian Legislature, Premier, President of the Council and Minister

of Agriculture, Baronet, honorary Colonel in the British Army,

Aide-de-Camp to the Queen, Speaker of the Legislative Council. He also

became father-in-law to a peer of the realm, and died Sir Allan MacNab

of Dundurn. Certain passages of his life will form the subject of future

consideration. Meanwhile it will be sufficient to remark that each

successive link in the long chain of his triumphs may be distinctly

traced to his supposed martyrdom at the hands of the Reform majority in

the Upper Canadian Assembly in 1829.

Another personage cited to appear before the Assembly's Committee on the

same investigation was the Hon. H. J. Boulton, Solicitor-General. He

displayed the same reticence as young MacNab, and refused to reply to

certain questions put to him by the Chairman. He was soon taught that

the high position which he occupied, backed, as it was, by the support

of the party in power, could not shield him from the consequences of his

refusal. Upon motion of Dr. Baldwin a resolution was adopted that the

Solicitor-General had been guilty of a high contempt and breach of the

privileges of the House. He was placed at the bar, where he showed more

sense of propriety than had been shown by his predecessor. He had no

desire to wear a crown of martyrdom, and did his utmost to purge himself

of his contempt. He pleaded that he had intended no disrespect to the

Committee, nor any breach of the privileges of the Assembly, and

concluded by saying that he stood ready to answer, if the House so

desired. The House acted magnanimously, not choosing to humiliate a

beaten man any farther than was necessary for the due vindication of its

own authority. John Rolph, seconded by Dr. Ambrose Blacklock, one of the

members for Stormont, moved that the Solicitor-General be admonished by

the Speaker, and discharged on payment of fees to the Sergeant-at-Arms.

The motion was carried, and it only remained for the culprit to submit

to the mild discipline which he had been adjudged to bear.

But there was reason for believing that that discipline would be a

trying ordeal for the Solicitor-General. The Speaker who was to

pronounce the admonition was no commonplace piece of clay, trained to

the set phrase of office, like the previous occupant had been. He was no

less a personage than Marshall Spring Bidwell, who, with perhaps the

single exception of John Rolph, was the most eloquent and powerful

speaker in the Province. When moved to righteous anger, he was capable

of administering a scorching reproof, and if a man is ever justified in

taking his antagonist at a disadvantage, ample justification was to be

found in the present instance. Mr. Bidwell had reason to hate the very

name of Boulton, and might well be expected to avail himself of such an

opportunity of darting the hot iron into his enemy's soul. There was a

feud of long standing between the Bidwells and the Boultons. The

Bidwells had sustained serious wrong and insult at the hands of the

Boultons, and the Boultons hated the Bidwells with the hatred which

small natures always feel towards higher natures which they have

wronged. It was a Boulton who had been despatched to Massachusetts in

1821, to hunt up evidence as to the alleged misconduct of the elder

Bidwell.[143] It was this same Henry John Boulton who had joined with

his friend the Attorney-General in abusing and maligning the elder

Bidwell during the election campaign of 1821, and afterwards. It was he

who had put forth all the little strength that was in him to assist his

party in bringing about the expulsion of the elder Bidwell from the

Assembly.[144] He had done his utmost, and successfully, to induce

members of Parliament to vote for the statute which had forever closed

the doors of the Upper Canadian Legislature to the ex-member of

Congress.[145] He had opposed the return of the younger Bidwell to the

Assembly, and more recently, though he was not then a member of the

House, he had done what he could to keep him out of the Speaker's Chair

by influencing members in favour of John Willson. He had lost no

opportunity of making himself personally offensive to Mr. Bidwell, whose

abilities he envied, and whose character he was utterly incapable of

appreciating. It will thus be seen that all the attendant circumstances

combined to make Mr. Bidwell hate and contemn his adversary. If he

failed to do so the explanation was to be found in his own gentle

nature, and not in the lessons of humiliation which the Boultons had

endeavoured to impose upon him.

It was a memorable scene when the Solicitor-General stood up, on the

20th of February, to receive the admonition which he had been adjudged

to endure. He was in a state of tremor, for he was conscious of the

disadvantage of his position, and he dreaded the power of the Speaker's

tongue. His friends also felt much solicitude on his account, for they

knew how little consideration he deserved at the hands of the man who

now had him in his power. For some moments a solemn silence reigned

supreme. Then the Speaker's voice was heard; low at first, but steadily

rising into clear and impressive tones which made every word sink deep

into the hearts of the listeners. And the words themselves: how

different from what the expectant personage at the bar had looked for!

Nothing of malice or revenge there. Nothing but quiet dignity and

forbearance. No mere spectator could have told whether the offender was

a personal friend or an enemy of the Speaker. The voice was full of

feeling, but utterly devoid of passion or malevolence. The power of

Parliament was fully vindicated, yet the transgressor escaped without

any unnecessary laceration of his pride. "By every member of the

community," proceeded Mr. Bidwell, "a ready and cheerful respect should

be shown towards the House of Assembly, who represent the people of the

Province, whom the constitution has entrusted with important privileges

for the benefit of their constituents, and who are amenable to them for

all that they do. But it might in a peculiar degree have been expected

of you, whose duty it is to enforce submission to the laws and respect

for the institutions of the country." Here Mr. Boulton bowed his head as

if in mute assent. He was then informed that the House could not permit

this formal and gratuitous denial of its authority to pass unnoticed.

"It is important," continued the Speaker, "that by its proceedings

against you a warning should be given, before others are led by the

influence of your sentiments and conduct to dispute an authority which

the House is bound to vindicate and enforce. It is necessary that it

should go thus far; but it gives me great satisfaction to observe that

its duty does not compel, nor its inclination induce it, in your case,

to go any farther than is requisite to attain this object; and, finding

from your answer that you are now disposed to treat its privileges with

just and becoming respect, and to defer your own private opinion to the

judgment of that body whose constitutional right it is to decide upon

its own privileges, it is willing to dismiss you with no other

punishment than this admonition from its Speaker. This moderation is a

proof that these privileges have been safely lodged by the constitution

in its hands, and that they will never be used in a wanton or oppressive

manner. It is by the order and in the name of the House that I thus

admonish you, and direct that the Sergeant-at-Arms do now discharge you

from custody." He was discharged accordingly, and left the house

profoundly affected by the magnanimity of the man whom he had so

grievously injured. One who seems to have watched him as he took his

departure has recorded that the Boulton crest never hung so low as at

that hour.[146] Nothing could have more clearly proved the greatness of

soul of Mr. Bidwell than this episode; nothing could have more

effectually illustrated his capacity to rise superior to all merely

personal considerations when entrusted with the discharge of a public

duty. The London _Times_ published a full report of his admonition,

which it pronounced to be the best paper of the kind on record.

During the following summer an event took place which removed

Attorney-General Robinson from the atmosphere of the Assembly, and was

the indirect means of introducing Robert Baldwin to public life. This

was the appointment of Mr. Robinson to the place of Chief Justice of

Upper Canada. The office had just become vacant through the retirement

of Chief Justice Campbell, who had received the honour of knighthood

during his absence in England. Mr. Robinson thus obtained the reward

which he had long coveted, and which his devotion to successive

Lieutenant-Governors had richly earned. There was some doubt as to the

strict legality of his passing directly from the office of

Attorney-General to that of Chief Justice. To remove the doubt he

accepted the position of Registrar of the County of Kent, which he

resigned after holding it a few days. His appointment to the Chief

Justiceship was made on the 13th of July, but owing to the delay

occasioned by his acceptance of the inferior office it was confirmed and

re-dated on the 3rd of August following. He then took his seat on the

bench, and was destined to remain there for more than thirty-three

years. As Chief Justice he succeeded to the Presidency of the Executive

Council, and at the opening of the session in the beginning of 1830 he

was nominated Speaker of the Upper House. His removal from the Assembly

therefore did not remove him from the political arena, and for years

afterwards he continued, in conjunction with his friend and quondam

tutor Dr. Strachan, to direct the policy of the Government as completely

as he had done for some years previously. He was succeeded in the office

of Attorney-General by Henry John Boulton. The temporary purpose for

which Mr. Hagerman had been appointed to the bench, in place of Mr.

Justice Willis, having been fully effected, that gentleman now

threw off his official robes and succeeded his friend Boulton as

Solicitor-General.

Mr. Robinson's elevation to the bench left a vacancy in the

representation of the Town of York. This vacancy young Robert Baldwin

successfully aspired to fill. At the last general election, in

conjunction with J. E. Small, he had unsuccessfully contested the County

of York with W. L. Mackenzie and Jesse Ketchum. He was now opposed in

the town by the same individual who had so lately been his coadjutor in

the county. Mr. Small was defeated, but, at his instance, the return was

declared void, the writ for the election having inadvertently been

issued by the Lieutenant-Governor instead of by the Speaker of the

Assembly, as in strictness it should have been. A new writ was issued,

and Mr. Baldwin again contested the seat, his opponent now being the

Sheriff of the County, William Botsford Jarvis. The Sheriff naturally

enjoyed many advantages in such a contest, but he was defeated by a

considerable majority, and on the opening of the session in the

following January, Robert Baldwin, then in his twenty-sixth year, took

his seat in Parliament for the first time. He however did not make any

conspicuous figure during the session. He had already fully imbibed the

idea that a responsible Executive was the great want of Upper Canadian

polity, and took comparatively little interest in the subordinate

questions of the day. He could see no good purpose to be served by

recording successive majorities against the Government, so long as the

members of that Government could retain their offices, together with the

favour of the Lieutenant-Governor, in spite of any vote which the

Assembly might see fit to record. He made no remarkable speeches, and

seemed rather disposed to remain in the background. It so happened that

he did not again have an opportunity of winning honours in the

Legislature for many years, as, in consequence of the death of the king,

a dissolution of Parliament took place before the time had arrived for

the meeting of another session, and Robert Baldwin was one of the many

Reform candidates who were beaten at the general elections which ensued.

There are few facts worthy of record in connection with the session of

1830. In the Speech from the Throne the Lieutenant-Governor was able to

announce that the revenue at the disposal of the Crown had been found

sufficient to meet the requirements of the civil list, and that there

still remained a considerable surplus in the Provincial Treasury. The

Assembly's Address in Reply once more drew his Excellency's attention to

the want of confidence felt in the advisers by whom he was surrounded.

"We still feel unabated solicitude about the administration of public

justice," it ran, "and entertain a settled conviction that the

continuance about your Excellency of those advisers who from the unhappy

policy they pursued have long deservedly lost the confidence of the

country, is highly inexpedient, and calculated seriously to weaken the

expectations of the people from the impartial and disinterested justice

of His Majesty's Government." The response to this intimation is

probably the briefest official deliverance of the kind on record.

Divested of the formal commencement, it contained exactly six short

words: "I thank you for your Address." The number of Bills passed by the

Assembly and rejected by the Upper House during the session was

twenty-seven. In addition to these there were several Bills which

originated in the Assembly, but were afterwards rejected by that House

by reason of amendments made to them by the Legislative Council.[147]

FOOTNOTES:

[130] It has not been thought desirable to incumber the text with

footnotes except where they seemed to be needed for purposes of

elucidation; but in every matter of real importance, where the reader of

average information and intelligence may reasonably be supposed to be in

doubt as to the source of the narrative, care has been taken to indicate

the authority.

[131] _Ante_, p. 48.

[132] _Ante_, p. 140.

[133] See _Seventh Report of Grievance Committee_, p. xxxvii. The School

Act referred to was 4 George IV. cap. 8, passed on the 19th of January,

1824. John Henry Dunn, Receiver-General of the Province, seems also to

have protested against the measure, and to have consented, under

pressure, to the erasure of his protest. See the evidence of the Hon.

William Dickson and the Hon. Thomas Clark, referred to in the ensuing

paragraph of the text.

[134] The royal assent to this Act was promulgated by a proclamation

bearing date April 4th, 1825.

[135] _Ante_, p. 14.

[136] See _Report on Petitions against Wild Lands Assessment Law_, in

Appendix to _Journals of Assembly_ for 1828, p. 107 _et seq._

[137] See _The Split in the Legislative Council_, by F. C. [? Francis

Collins], p. 7.

[138] _Ib._, p. 8.

[139] _The Split in the Legislative Council_, ubi supra, p. 10.

[140] In 1849.

[141] Such, as far as I have been able to learn, was the conviction of

all Mackenzie's contemporaries, even of those most favourably disposed,

including those who were thrown into the most intimate relations with

him, and were bound to him by close ties. One of the foremost of these,

in a conversation with me a short time since, remarked: "Mackenzie

generally meant well, but he was unpractical and unmanageable. I knew

him intimately from his boyhood, and I am compelled to say that whenever

he was in the least excited he acted like a spoiled child. He underwent

no change in this respect, and was the same in youth, manhood and old

age. A more unfit person to be entrusted with the management of any

great enterprise, or with the control of his fellow-creatures, I can

hardly conceive." I have abundant written testimony to the same effect.

[142] _History of Canada_, p. 370.

[143] _Ante_, p. 100.

[144] _Ante_, p. 101.

[145] _Ib._

[146] _The Hamilton Outrage_, by "Vindex," p. 9. York, 1829.

[147] For the titles of these measures, see the _Seventh Report of

Grievance Committee_, pp. 266, 267.

The Story of the Upper Canadian Rebellion, Volume 1 · 第 10 / 18 章