The Story of the Upper Canada Rebellion, John Charles Dent [read a book TXT] 📗

leave the concern, and abandon it to his creditors." To which statement it may be added that a gentleman now living in Toronto distinctly remembers hearing Mr. Jarvis say that his own contribution to the fund was precisely L109; that that of Peter McDougall was about the same; and that none of the rest of the rioters paid anything, except through their parents or relatives.
The civil liability having been discharged, the public looked forward to a criminal prosecution, for it seemed outrageous that the perpetrators of such an offence against society should escape without any greater penalty than had thus far been exacted from them. Mr. Mackenzie himself seems to have been desirous of proceeding to extremities, although the amount which he had recovered was far more than compensation for any loss he had sustained, whether direct or incidental. But the brains of his professional advisers were cooler than his own, and saved him from the consequences of his want of judgment. Mr. Bidwell dissuaded him from taking any steps which might seem to be dictated by a feeling of revenge. It was represented to him that he was a decided gainer by the raid, not only in pocket but in popularity. The public sympathy had been with him from first to last. A policy of war to the knife on his part would certainly cool, and in some cases altogether alienate that sympathy. The jury's liberal verdict bad placed him "in funds," and he was thus in a position to resume the publication of the _Advocate_ under favourable circumstances. The transaction had distinctly increased his prestige in the rural constituencies, and he might reasonably hope to be a successful candidate for Parliament when a suitable vacancy should occur. Such being the position of affairs, he was strongly advised to let well alone. Contrary to his habit, he proved amenable to advice, and refrained from a criminal prosecution.
The issue fully justified the advice of Mr. Mackenzie's counsellors. Several of the newspapers in the Province commended his forbearance, and contrasted his conduct with that of his enemies. But, it was asked, what was the Attorney-General about? How was it that he, who never failed to stretch his authority to the utmost when a Reformer rendered himself amenable to the law--how was it that he permitted such an outrage as this to pass without notice? Surely it was his duty to officially proceed against the wrong-doers. But the Attorney-General was deaf to all such remonstrances, and did not concern himself with the matter further than to maintain the most cordial relations with the persons implicated. How far his conduct in this respect was consistent will hereafter appear. Colonel Fitz Gibbon was rewarded for his zeal in a bad cause by receiving the appointment of Clerk to the Legislative Assembly, and the additional income thus afforded him left him neither better off nor worse than before.
The participators in perhaps the grossest outrage ever committed in the Provincial capital thus escaped, for the time, all due penalty for their misconduct. It may almost be said, indeed, that they escaped altogether, for though, as will hereafter be seen, seven of them were eventually brought to trial and convicted at the instance of another person, they received no adequate punishment, and were thus able to boast that gentlemen in their station of life in York were above the law.
Rash deeds often produce unlooked-for consequences. So it was in the case under review. The attempt to suppress the _Advocate_ was the means of re-establishing it on a fairly satisfactory financial basis, and of extending its life for about seven years. The indignity to which the printing-office had been subjected, and the trial resulting therefrom, had furnished the best advertisements that could possibly have been desired. With a portion of the sum recovered from the hands of the spoilers Mr. Mackenzie was able to satisfy the most pressing of his creditors. With the balance he provided himself with new printing material, and the _Advocate_ soon made its appearance under more favourable auspices than ever. It continued to be marked by the same characteristics as during the first epoch of its existence. It was not conducted with more discretion, and there were as many gross personalities in its columns. It however contributed much to the spread of Reform doctrines, and during much of its life it rendered undoubted service to the party to which it yielded its support. Had the editor's judgment been commensurate with his energies, his journal would undoubtedly have been a great power for good. Even as it was, it probably acted to some extent as a check upon Executive aggression, and thus served a beneficial purpose in spite of its many weaknesses and shortcomings.
As for Mr. Mackenzie, his persecutions were by no means at an end. They had, in fact, only begun. Of the many other shameful indignities to which he was subjected--indignities which finally drove him into rebellion, and involved him in overwhelming disaster--the narrative will hereafter take full account. It is at present desirable to advert to a number of other pregnant examples of abuse of power in which Mr. Mackenzie had no special concern.
FOOTNOTES:
[68] Vol. I., p. 89, et seq.
[69] This portion of Front Street was then and for many years afterward known as Palace Street. It had been so named, in the early years of York's history, from the circumstance that it led down to the Parliament Buildings in the east end of the town, and because it was believed that the official residence or "palace" of the Lieutenant-Governor would be built there.
[70] This historic landmark was burned down during the winter of 1854-5.
[71] He had, as previously mentioned in the text, withdrawn from the Province with a view to a settlement with his creditors. He was at Lewiston, in the State of New York. In the beginning of the second part of his pamphlet, published at York in 1826, giving an account of the affair, he represents himself as having been at Queenston when he received news of the raid.
[72] The statement to be found in various books--among others in Wells's _Canadiana_, p. 164, and Roger's _Rise of Canada from Barbarism to Civilization_, Vol. I., p. 405--that Mr. Mackenzie's mother was grossly maltreated by the rioters is wholly without foundation. The affair was disgraceful enough, in all conscience, and needs no fictitious embellishments.
[73] _Ante_, p. 13.
[74] According to a contemporary pamphlet giving an account of the duel, which took place in 1817, he was then twenty-five years of age. He would therefore be at least in his thirty-fourth year at the time of the press riot in 1826. By reference to the Barristers' Roll I find that he was called to the bar in Trinity Term, 55 Geo. III., 1815, at which time he must have been at least twenty-one years old, so that the statement in the text cannot be far from the fact. It is from him that Jarvis Street, Toronto, derives its name.
[75] The Hon. W. D. Powell ceased to be Chief Justice during the previous year (1825), when he was succeeded by Mr. (afterwards Sir William) Campbell.
[76] _Ante_, p. 129.
[77] Macaulay's _History of England_, Vol. I., Chapter 2.
[78] _Statement of Facts relating to the Trespass on the Printing Press in the Possession of Mr. William Lyon Mackenzie, in June, 1826. Addressed to the Public generally, and particularly to the Subscribers and Supporters of the Colonial Advocate._ York, 1828.
[79] See the _Freeman_ for Thursday, Feb. 21st, 1828.
[80] See note to p. 130 _ante_.
[81] Mr. Mackenzie, when taken before the Grand Jury to give evidence in support of a criminal prosecution of the type rioters, admitted that his actual, as distinguished from his incidental loss by the riot, did not exceed L12 10_s._ sterling.
[82] It was the policy of the official party to suppress, as far as was practicable, all reference in the public newspapers to the misdoings of themselves and their adherents. This was but natural. No one likes to see his transgressions preserved to future ages in all the pitiless coldness of type, which may rise up against his descendants long after he himself is forgotten. The following is a complete transcript of the contemporary report of the trial of these rioters, as published in _The U. E. Loyalist_, a sheet issued as a sort of supplement or rider to the official _Gazette_. It appears in the _Loyalist_ for October 21st, 1826:
"_Court of King's Bench._--In the suit of MacKenzie _vs_ Jarvis, McDougall, and others, for Trespass, the Jury, after a consultation of twenty-four hours, returned into Court--Verdict for the Plaintiff L625."
This is absolutely the only information obtainable from the contemporary number of the official organ on a subject which was _par excellence_ the topic of the time. It may be added that the organ contained no reference whatever to the type riot until many weeks after its occurrence.
[83] Apparently they were not then aware that the publication had actually ceased before the riot took place.
[84] _Life of Mackenzie_, Vol. I., p. 99.
[85] See Dr. Scadding's _Toronto of Old_, p. 38. Mr. Baby's idiom was due to his French origin and training.


CHAPTER VI.
THE CASE OF CAPTAIN MATTHEWS.
Captain Matthews, who, it will be remembered, had been returned to the Assembly for the County of Middlesex, gave great umbrage to the official party by allying himself with the Opposition. His birth and social standing, it was said, unfitted him for such companionship. The Captain himself was apparently conscious of no incongruity, and bent all his energies to the advancement of the Reform cause. Upon his first arrival in the country he could not be said to have had any political convictions at all. He had been bred a Tory, and his military career had been such as might naturally have led him to seek his allies in the ranks of those in authority. But his own experience of the abuses in the Land Office had impelled him to consider the political situation of affairs in Upper Canada generally, and the upshot of his deliberations had been his alliance with the new movement in the direction of Reform. Being a man of much local influence, his example had won to his side a number of the Middlesex farmers, more especially in the Township of Lobo, in which he resided. During his first session in Parliament he attracted considerable attention to himself, for he spoke frequently and well, and generally with a humorous eloquence which made him a favourite with those who were not bitter partisans on the other side.
It was to be expected that Captain Matthew's defection from the political faith of his ancestors would render him specially odious to the High Tories of Upper Canada. It was shameful, they thought, that an officer deriving an income from His Majesty's Government should entertain, much less give utterance to, such vile democratic opinions as were constantly heard from his lips. The Captain was indiscreet, and became more and more outspoken the oftener he was charged with radicalism; but on no occasion did he utter anything savouring of disloyalty, for the very sufficient reason that there was no disloyalty in his heart. It was apparent to the Compact that his influence was most pernicious to them; yet no feasible plan for getting rid of him presented itself. Would it not be possible, by a little extra exertion, to deprive him of his pension? Could this laudable object be accomplished, the obnoxious Captain, who was of an impetuous temperament, would probably be goaded into saying or doing something really culpable--something which would place weapons in the hands of his enemies whereby he might be effectually silenced. The plan was at any rate worth trying. A system of espionage was accordingly adopted towards him.[86] During the sitting of the Legislature, myrmidons of