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

and publisher of _The Canadian Freeman_, a Radical weekly newspaper issued at York. Mr. Collins was an enthusiastic young Irish Roman Catholic, who had immigrated to Canada a short time before the excitement arising out of the Gourlay persecution reached its height, and when he himself was barely twenty years of age. He was a printer by trade, and for some time after his arrival worked as a compositor in the office of _The Upper Canada Gazette_, published at York by the King's Printer, Dr. Robert Charles Horne. Finding that he possessed much intelligence and a fair education, his employer deputed him to report the debates in the Assembly during the sessions of Parliament. In 1821 he reported certain proceedings which the Government were annoyed at seeing in print, more especially as the version given was not strictly accurate. For this offence Dr. Horne was summoned to the bar of the House, where he sought to evade responsibility by pleading that the debates had not been reported by himself, but by Francis Collins. The Doctor further offered a humble apology, and was glad to escape with a sharp reprimand, accompanied by a caution from the Speaker that he would thereafter be held responsible for the reports in the _Gazette_.[118]
Within a short time after receiving this admonition Dr. Horne ceased to be King's Printer, whereby the post became vacant. As Collins was familiar with the nature of the work, and was naturally desirous of bettering his condition, he applied for the appointment. The office was at the disposal of the Lieutenant-Governor, and was held entirely at his pleasure. Collins was curtly checked for his presumption by a leading official, who informed him that the office would be conferred upon "no one but a gentleman." It would be interesting to know whence the official who was guilty of this wanton insult had derived his ideas of courtesy and good breeding. If his statement were to be credited, any application on his part for the post of King's Printer would most assuredly have been made in vain. The appointment was given to Mr. Charles Fothergill, who belonged to a good Yorkshire family, and was therefore fully entitled to rank as a gentleman.[119]
Collins was excusably indignant at the gross insult which had been hurled at him. He considered himself as at least the social equal of any member of the Government, for he claimed descent from the old Irish kings, and on one or two occasions when more than ordinarily exhilarated he had even been known to refer to his ancestor, Brian Boru. Yet, for all this mendacious and vainglorious boasting, Collins was a man of unquestionable ability, and when fully aroused could write a paragraph well calculated to make the ears of his enemies to tingle. His nationality was clearly indicated by his personal appearance, his features being rough-hewn and unmistakably Celtic; while his red hair and beard, usually not very well cared for, gave him an aspect of uncouth wildness. Up to this time he had not taken any very conspicuous part in politics since his arrival in Canada; but henceforward the Executive had no more bitter or sleepless foe. He continued to report the proceedings in Parliament, and kept his eyes ever open for an opportunity to strike the Government with effect. In 1825 he succeeded in establishing the _Freeman_, which was thenceforth to some extent a rival of Mackenzie's _Advocate_. It was from the first conducted with great energy, and the editorials, which were often set up without being committed to paper, displayed exceptional vigour, but they were frequently disfigured by a coarseness and bad taste equal to anything of Mackenzie's production. For some time the better class of Liberals fought shy of the enterprise, but the editor steadily forced his way into general recognition.
The _Freeman_ was permitted to continue its course unchecked for nearly three years. During that time it followed up the shortcomings of the Executive with ceaseless vigilance. To Sir Peregrine Maitland and Attorney-General Robinson it was a veritable thorn in the flesh. There was abundant occasion for criticism, and it was seldom, if ever, that Collins resorted to pure invention for the purpose of attacking the innumerable abuses of the time. There was always a sufficient substratum of truth in his accusations to render it inexpedient to prosecute him for libel. The punishment of what was false would have involved the public exposure of what was true. The official party realized the force of the laureate's dictum, not then propounded, that
"A lie that is all a lie may be met with and fought outright,
But a lie that is part of a truth is a harder matter to fight."
[Sidenote: 1828.]
They of course did not present the matter in this aspect to the world at large. On the contrary, their organs claimed for them a spirit of generous and Christian forbearance. But this could not go on for ever. Collins continued to pour in his chain-shot from week to week with never-failing pertinacity, and with seeming impunity from the law. The Executive in the first place tried to check his career by crippling him financially. The Assembly had for some years previously been accustomed to vote him an annual sum by way of remuneration for reporting their proceedings. The paying over of this sum, however, was a matter entirely within the control of the Lieutenant-Governor. As it was known that Collins was poor, and that his resources were sometimes taxed to the uttermost to enable him to bring out his paper, it was hoped that, by withholding payment for his services as reporter to the Assembly, he might be compelled to suspend publication. He was accordingly informed, when he applied for his money in the early spring of 1828, that the funds were not forthcoming. The sum in question was L118 10s., and was a matter of serious importance to him; but he well understood the object of the Executive, and spurred himself up to fresh effort. His paper appeared with the most provoking regularity, and its tone was, if possible, intensified by the withholding of the sum due to its editor. He told the story to the public, his account being garnished with profuse comments in his bitterest vein. The Executive found that they had miscalculated his resources, and that his press was conducted with renewed vigour. It was finally resolved that a dead-set should be made upon him, and that he should be overwhelmed by a shower of contemporaneous indictments. On Thursday, the 10th of April, 1828, as mentioned in the preceding chapter,[120] two bills of indictment for libel were found against him. One of these was for having, in his paper, charged the Lieutenant-Governor with partiality, injustice and fraud, in not paying over the money voted by the Assembly. The other was on the information of the Solicitor-General, Henry John Boulton, for animadversions on his conduct in connection with the duel, in 1817, between Samuel Peters Jarvis and John Ridout.[121] Upon the strength of these indictments Collins was forthwith arrested, and compelled to appear and give the required bail. On the following morning two other bills were found, upon which he also gave bail. It was at this time that he made his extraordinary attack upon the Attorney-General, before Justice Willis, as already narrated at length.[122] It will be remembered that he was instructed by the Judge to go before the Grand Jury and prefer his complaints. These instructions he followed without a moment's unnecessary delay. He appeared before the Grand Jury, and charged H. J. Boulton and J. E. Small with being accessary to murder in the killing of young Ridout. He next laid a charge of rioting against S. P. Jarvis and six other persons who had figured as defendants in the action brought by Mackenzie. The Grand Jury speedily returned a true bill against Boulton and Small. Both those gentlemen were then in Court with their gowns on. They were immediately put under arrest, and they so remained until late in the afternoon, when Judge Willis, upon the application of Mr. Macaulay, admitted them to bail. As Jarvis had been tried for the offence and acquitted, shortly after the duel in 1817, the Grand Jury now returned "No bill" as to him. On the following Monday a true bill was returned by the Grand Jury against the seven persons charged with riot. They were promptly arrested and held to bail.
Collins, having no faith in Attorney-General Robinson's integrity, was very unwilling that the prosecution of these cases should be conducted by him. Boulton was not only the Attorney-General's colleague as a law officer of the Crown, but was his warm personal friend, as well as a connexion by marriage. Boulton, in fact, was a profound admirer and faint _umbra_ of the Attorney-General, in whose professional sunshine he basked, and at whose feet he may in an intellectual sense be said to have grovelled. Even the most Spartan of Crown prosecutors could hardly be expected to do his utmost to secure a conviction under such circumstances; and Attorney-General Robinson had nothing of the Spartan in his composition where the interests of his friends were concerned. Collins accordingly applied to Robert Baldwin to conduct the prosecution for murder. But the prosecution of criminal cases was not then open to the bar as a matter of course, and without the consent of the Crown. Mr. Baldwin applied to the Court for the necessary permission, which was granted with the Attorney-General's consent. The trial was proceeded with before Justice Willis at the opening of the Court on the morning of Monday, the 14th. The defendants, upon being arraigned, pleaded "Not guilty." The proceedings extended over two days, during which the same evidence was given that had been adduced at the trial in 1817. All the horrible details of the duel were revived for the edification of a crowded Court-room. Many of the spectators, as well as the Judge himself, were affected to tears. The custom of society was once more successfully pleaded in extenuation of a cruel and dastardly murder. As the chief offender had himself escaped scot-free, however, it would have seemed anomalous to punish the accessaries. The charge from the bench was eloquent and judicial, and the jury were absent from the box only ten minutes, when they returned into Court with a verdict of acquittal.
The trial of the type-rioters next required consideration. Collins's counsel moved for leave to the prosecutor to conduct this case also by private counsel, but to this the Attorney-General firmly refused to consent. It was urged that one of the accused was his nephew, and that two others had been clerks in his office at the time of the outrage. No matter; he was determined to withstand any further interference with Crown prosecutions on the part of the bar. There was no telling, he remarked, where such interference would end. There had already been too much of it. He was about to proceed with the prosecution, when Mr. Rolph arose on behalf of Collins, and expressed a wish that, as the painful investigation of the murder case had been finished, the prosecutions for libel might be discontinued. Judge Willis warmly seconded the proposal, and further suggested that the prosecution of the type-rioters might also be dropped. The type-rioters, however, were ready and waiting for their trial, and, through their counsel, objected to any abandonment so far as they were concerned. It was urged on their part that they had never wished to avoid prosecution, but had rather courted it; that they would accept of no compromise of a proceeding which had been maliciously and vexatiously instituted, not by the person injured, but by one who, being brought into Court for libel, had been received as a sort of public prosecutor, and allowed to harass them by raking into old transactions which had long since