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

/> [86] That spies were employed by Sir Peregrine Maitland and his Council, and that certain Government officials were encouraged to act in that capacity, are facts which will be denied by no one who familiarizes himself with the local legislative, official and newspaper literature of the time. An apparently well-informed contributor to _Blackwood's Magazine_ for September, 1829, in an article headed "Colonial Discontent," comments on this retrograde system in the following terms:--"A system of espionage assumes that there is something which ought to be watched and to be prevented; and as the existence of such a system probably did exist in Upper Canada during the administration of Sir Peregrine Maitland, it may be said that so far his Government was led to act on false principles.... We do not suppose that there was anything like an organized system, but only that tales to the personal disadvantage of the Anti-Ministerial party were too readily listened to. No doubt the members of that party were as credulous in listening to tales to the prejudice of the adherents of Government, but then they had it not in their power, like them, to inflict punishment. It is unnecessary to explain in what manner a system of espionage begets heart-burnings. It is to the public what tattle and malicious gossip are to private society, with this essential difference, however, that the tale of the slanderer is in time forgotten or refuted, whereas the report of the spy is received in secret, placed in the confidential archives of office, and referred to as a testimonial of character, in which such set of testimonials can be applied with effect when the occasion arises."
[87] Mr. Mackenzie, in his _Sketches of Canada and the United States_, p. 419, denies that Captain Matthews called for these airs, as stated in the text. But anyone who carefully examines into the Provincial events of those times will not be long in arriving at the conclusion that Mr. Mackenzie's unsupported testimony, more especially as to matters in any way coming within the scope of politics, is of very little value. The evidence as to the Captain's having called for "Yankee Doodle" is conclusive. That his doing so constituted a serious offence is another matter, as to which there will, at the present day, be very little difference of opinion.
[88] _Sketches of Canada_, etc., p. 419.
[89] See Journal of Assembly for 1826-7, Appendix P. See also Journal for 1828, p. 122.


CHAPTER VII.
THE NIAGARA FALLS OUTRAGE.
The case of William Forsyth--commonly known in the chronicles of the time as the Niagara Falls outrage--differed materially from that of Captain Matthews, not only in kind, but in degree. In the latter case there was no gross violation of the decencies of life, or of the outward forms of law. The mischief was effected by means of spies and secret information, and the damage inflicted was incidental rather than direct. The Forsyth case, on the contrary, was more in the manner of the type riot. It was a violent and utterly unjustifiable exercise of brute force. But in one important respect it was worse than the type riot. _That_ display of ruffianism had been accomplished without the open approbation of the authorities. The Niagara Falls outrage was committed not only with the full assent, but by the express command, of the Lieutenant-Governor himself. Not even the poor excuse that it was done in a moment of anger or irritation could be made for it. It was done deliberately, in cold blood, and was as deliberately repeated. It was a simple case of Might _versus_ Right.
A few words of explanation are necessary by way of prologue.
In the year 1786, before the setting apart of Upper Canada as a separate Province, and just after the commencement of the settlement of the Niagara Peninsula by Butler's Rangers, the territory contiguous to the west bank of the Niagara River was surveyed and laid out into lots by Augustus Jones, a surveyor whose name is familiar to all students of the early history of this Province. In pursuance of instructions received from the Government, Mr. Jones, in laying out these lots, made a reservation of a chain in width--sixty-six feet--along the top of the bank.
The reservation was made partly with a view to the military defence of the Province, and partly for the purpose of preserving a convenient communication.[90] It was expressly specified in the Crown Patents to the owners of adjoining lands, and embodied in all subsequent deeds upon successive transfers. It may therefore be conceded that the Crown's title to the reserved land was indisputable.
In the year 1827, and for some time previously, the principal inn on the Canadian side of the river at Niagara Falls was owned and kept by one William Forsyth. The man and his establishment were well known to travellers, and "Forsyth's" had a high reputation as one of the most comfortable houses of public entertainment in the country. During the heat of summer, many residents of York paid more or less frequent visits to the Falls, not more to enjoy the change of air and the majestic scenery, than to partake of "mine host" Forsyth's hospitality. The inn was in close proximity to the great cataract, and was known as the Niagara Falls Pavilion. It was built on ground that bordered upon and ran up to the Government's reservation, which alone intervened between it and the top of the bank.
[Sidenote: 1827.]
Mr. Forsyth drove a flourishing business, but, like some of his successors at the same spot, his greed grew with his increasing gains, and he was not content to grow rich by degrees. He determined to augment his income by the erection of a high post and rail fence, placed so as to shut out visitors from approaching near to the Falls, and rendering it necessary for them to pass through his house before the desired view could be obtained. It should be mentioned that Mr. Forsyth, in addition to the Pavilion and its immediate grounds, owned the adjoining lands for a considerable distance, including all the points from which the great spectacle was to be seen to advantage. By the erection of the fence, therefore, visitors would be debarred and shut off from all that was best worth seeing in the neighbourhood, until they had passed through his inn; and it was of course anticipated that most of those so passing through would spend more or less money on the premises. There was, however, one rather serious objection to the contemplated change. It would involve the enclosure of the Government reservation, a proceeding which was not likely to be permanently tolerated. Forsyth was probably ill advised by his attorney in the matter, for he seems to have been really of opinion that the Government's title to the land was at least open to question, and he had been permitted to occupy a portion of it without remonstrance for about six years. Sometime during the early spring of the above-mentioned year--in time to catch the expected influx of summer visitors--he carried out his design, and constructed the enclosure. His house was thus converted into a thoroughfare, which necessarily gave rise to a greatly increased number of visitors, and to much additional expenditure within its walls. But the public serenity soon began to show signs of disturbance. There was a rival innkeeper named Browne, who was not long in discovering that his own losses were in proportion to Forsyth's gains. He bestirred himself in the matter, and soon succeeded in arousing a good deal of indignation in the minds of visitors. No one was allowed to either enter or pass by his door without being importuned to sign a petition to the Government, praying for a removal of the objectionable fence. Other persons residing in the neighbourhood took umbrage at the innovation, and also made appeals to the Government on the subject. In this way several numerously-signed petitions were obtained and forwarded to headquarters.
Such proceedings as these were in themselves reasonable and proper enough. Forsyth had acted in a selfish and unwarrantable manner, and it would have been nothing more than he had a right to expect if the Government had instituted immediate action against him. It would have been an injustice to the public if he had been permitted to enjoy his monopoly undisturbed. But neither the trespasser himself nor any of those who protested against his conduct was prepared for such high-handed measures as were actually resorted to; measures which effectually proved the unfitness of Sir Peregrine Maitland for his high office; which led to his being cordially hated throughout the length and breadth of Upper Canada; and which doubtless had something to do with his removal to another sphere of action.
One day about the middle of May, when the enclosure had been erected about six weeks, and when the season's regular flow of tourists had fairly set in, the landlord of the Pavilion received a call from Captain George Phillpotts, of the Royal Engineers, who then held command in the District. The latter demanded why Forsyth had presumed to fence-in the Government reserve. Forsyth replied, denying that the reserve belonged to the Government, and asserting his own title thereto, whereupon he was informed that unless the enclosure was removed without delay, he, Captain Phillpotts, would himself undertake its removal. Forsyth professed to feel strong in his rights, and threatened to prosecute the Captain or any one else who might interfere with his property. Here the interview ended. Several days afterwards--on the 18th--the landlord was summoned to his door by a message that a gentleman there wished to see him. The gentleman proved to be Captain Phillpotts, who was accompanied by a sergeant and four other soldiers in fatigue jackets, without arms. Major Richard Leonard, Sheriff of the Niagara District, and Augustus Jones, who had made the original survey of the property forty-one years before, were also in attendance. The Sheriff, who had merely accompanied the party at the Captain's request, took no part in the subsequent proceedings, but contented himself with quietly looking on. Mr. Jones had been brought for a specific purpose, and, at the request of Captain Phillpotts, he then and there made a hasty re-survey of the reserve, the limits of which he indicated by pickets. Upon the completion of this task, the Captain demanded that Forsyth should immediately remove the enclosing fence, and upon his refusal to do so, the soldiers, under orders from their Captain, deliberately cut and threw down the fence, exposing the gardens, meadows and about sixty acres of growing crops to waste. A blacksmith's shop which had been erected on the reserve was demolished, and the building material thrown over the bank. The Captain avowed that he was acting under express orders from the Lieutenant-Governor, which proved to be the fact.
Having accomplished his purpose, Captain Phillpotts and his soldiers departed, accompanied by the Sheriff and the surveyor. They were no sooner out of the way than Forsyth and his servants set themselves to work to repair damages, and before nightfall the enclosure was rebuilt; the premises, with the exception of the blacksmith's shop, being restored to the condition in which they had been before the assault upon them. But intelligence of the restoration was speedily conveyed to Sir Peregrine Maitland, who again despatched the same emissary, and the drama of demolition was re-enacted. The landlord of the Pavilion then gave up the contest, so far as any attempt at reconstruction was concerned, and proceeded to obtain redress by due course of law.
Now, it may perhaps be admitted that Forsyth was rightly served, or at any rate that he deserved little or no sympathy. His enclosure of the Crown reserve had been without any strict colour of right, and had been due to pure greed and selfishness. But his blacksmith's shop had been constructed on the land as far back