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The Scot in British North America. Vol. II Rattray, W. J. (William Jordan), 1835-1883 1881

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Array    THE UNIVERSITY OF
BRITISH COLUMBIA
LIBRARY   THE SCOT
IN
BRITISH NORTH AMERICA.
BY
W. J. EATTEAT, B. A
VOL. II.
,Toronto:
MACLEAR   AND   COMPANY
 All Rights Reserved. Entered according to the Act of the Parliament of Canada, in the year one
thousand^eight hundred and eighty, by Macleab. & Co., Toronto, in
the office of the Minister of Agriculture. PEEFACE.
JHE prolonged delay in the issue of the second instalment of this work has not been wholly the fault
of the publishers or of the writer. It was originally
intended to follow up the local bearings of the subject
through the entire Province of Ontario. Unfortunately the
necessary information has been so long in coming to hand
that no course was open to us but to fall back upon the
political aspect of the Scot. In dealing with this, it is hoped
that a fair measure of justice has been meted out to distinguished Scots of both parties. The purpose of the book is
distinctly non-partisan; and, although pronounced opinions
have been expressed, it is hoped that they have not been put
obtrusively forward. To be measurably neutral, without
making the work colourless, has been the aim throughout.
Many names, which might have found a place here, have
been omitted, partly from lack of details concerning them,
but mainly because they will come in appropriately hereafter. In conclusion, we may state that those who can
afford information concerning Scottish settlements, throughout Ontario, north, east and west, will confer a great favour
by communicating it at an early date, so that the next-
volume may be as complete as possible, and reach the subscribers' hands within a reasonable time.
May 16th, 1881.  TABLE OF CONTENTS.
-•+-^B> + -
VOL. I.   .
Dedication  iii
Preface    v
Introduction  1
PAET I.     THE  SCOT AT HOME.
Chap. I.     The Land and the People  27
Chap.II.    Early History .  38
Chap. III. The War of Independence  63
Chap. IV.  Religion in  Scotland—The Reforma-
tion and the Covenant ,....,. 93
Chap. V.    The Highlanders and Jacobitism  143
Chap. VI.  The Women and the Homes of Scotland 167
Chap. VII. General Summary  187
PART II.     THE SCOT ACROSS THE SEA.
Chap. I.     Abroad  206
Chap. II.    Early Conquest and Colonization  229
Chap. III. British Rule after the Conquest  289
VOL. II.
Preface     iii
PART III.     THE SCOT IN  PUBLIC  LIFE.
Chap. I.     The War of 1812  325
Chap.II.    Colonial Government down to 1791.... 392
Chap. III. Constitutional Rule prior to 1812  404
Chap. IV.  From 1815 to 1841  413
Chap. V.    Canada from 1840 to 1867  518 The following works have been consulted in the preparation of this volume :—
Simcoe's Military Journal; Tupper's Life and Correspondence of Brock ;
Coffins' 1812 : the War and its Moral; Auchinleck's War of 1812; Thompson's History of the late War; Richardson's Operations of the Right Division;
James' Military Occurrences and Naval History ; Wilkinson's Memoirs; Van
Rensselaer's Narrative of the Affair at Queenston; Genealogical Account of the
Shaws; the Letters of Veritas ; Le Moine's Maple Leaves, Quebec, Past and
Present, and Scot in New Prance; the Histories of Christie, Garneau, McMul-
len, and Withrow ; Dr. Ryerson's Loyalists of America; Mrs. Jameson's Winter Studies and Summer Rambles; Scadrling's Toronto of Old, and First Bishop
of Toronto; Todd's Parliamentary Government in the British Colonies; Watson's Constitutional History ; Morgan's Celebrated Canadians, and Bibliotheca
Canadensis; The Canadian Parliamentary Companion from 1862 to 1880 ; the
Canadian Legal Directory; Men of the Time, 1879 ; Portraits of British Americans ; the Canadian Portrait Gallery; the Canadian Biographical Dictionary ;
Histories of Nova Scotia, by Haliburton, Murdoch and Campbell; Nova Scotia
Archives ; Annals of the North British Society of Halif as ; Brown's Cape Breton ; Patterson's Pictou ; Gesner and Munro on New Brunswick; Fenety's
Political Notes (ditto); Prince Edward Island, by Stewart and Johnston;
Martin's British Colonies ; Gourlay's Statistical Account of Upper Canada,
and Banished Briton and Neptunian ; Lindsey's Life and Times of Mackenzie ;
Assembly Report, 1888 : Sir F. B. Head's Narrative ; Strickland's Twenty-
seven Years in Canada West; McTaggart's Three Years in Canada; Lord
Durham's Report on the Affairs of B. N. America (1839) ; Dr. Rolph's Speech
on Responsible Government (1835); Robinson's (Sir J. B.) Canada and the
Canada Bill; Gowan's Letter on Responsible Government; Lewis' Government
of Dependencies ; Roebuck on the Colonies ; Kaye's Life of Lord Metcalfe ;
the Letters of Legion and those published by Leonidas (Dr. Ryerson); Addresses
presented to Lord Metcalfe, with Replies; Proceedings of the First General
Meeting of the Reform Association (1844); the Ministerial Crisis (1844) ; Address and Pamphlets-issued by the Reform Association ; Walrond's Letters and
Journals of Lord Elgin ; Grey's Colonial Policy of Lord John Russell's Administration ; Adderley's Review of Lord Grey ; Turcotte's Le Canada sous
l'Union ; the Charlottetown Conference ; the Debates, &c., on Confederation ;
the Toronto Examiner files from 1839 ; Weekly Globe files ; together with York
and Quebec Almanacs, Journals, and MS. information.
The writer desires again to acknowledge his obligations for books, papers, and
other sources of information, to Alpheus Todd, Esq., Parliamentary librarian,
and Samuel J. Watson, Esq., librarian of Ontario, and John Davy, Es^., librarian of the Mechanics' Institute, Toronto. In addition, so many friends
have kindly assisted in furnishing matter, that our only fear is that some of
them may be overlooked. We recall the names of Mrs. Stephen Heward, Mrs.
John Hillyard Cameron, Miss McLean, Rev. A. Macnab, D.D., Messrs. J. M.
Le Moine, J. C. Dent, T. T. Rolph, W. R. Strickland, J. E. McDougall, D. B.
Chisholm, Angus Macdonell, John McLean (Cornwall), Dr. Robinson (Claude),
John McLean, (Elora). ^M
PART III.
THE SCOT IN PUBLIC LIFE.
CHAPTER I.
THE   WAR   OF   1812.
(ap|) EFORE proceeding to describe, with some fulness of
kst^ detail, the conspicuous part taken by Scotsmen in
civil government, it will be necessary to devote at least a
chapter to the struggle between Canada and the United
States, during the three years from 1812 to 1815. Numerous
accounts of the war have been written on both sides of the
boundary line, setting forth, with more or less fairness and
accuracy, the events of that stirring time. Unfortunately
the American histories are seldom or never completely trustworthy ; on the other hand, Canada's modest and truthful
vindication of the loyal prowess of her sons, has not received
the attention to which it is entitled. The same perverse
bias, begotten of national jealousy, which prompted the
apotheosis of Napoleon I. by Abbott, crops up, with rank
luxuriance, when the events of the last war are dealt with.
It is outside the purpose of this work to give a full account
of that memorable conflict; still, for the sake of completeness,
a succinct sketch, in outline, of the causes and progress of 326 TEE SCOT IN BRITISE NORTE AMERICA.
the war seems desirable. Special prominence will, of course,
necessarily be given to Scots who had a conspicuous share
in the events of the time. To all Canadians-including
under that term as well those of French as of British
oriffin natives no less than home-born residents—the war
left behind it a legacy rich in glorious and fragrant memories. There are happily still living among us some whose
aged blood is even now stirred by reminiscences of that-
memorable episode in our national history. Certainly no-
people, so few in numbers, and so sparsely settled over a
wide tract of wilderness, ever emerged more triumphantly
from a struggle apparently hopeless at the outset. To the
brave population of that day, the declaration of war must
have come with almost the benumbing shock of a death-
warrant. But if the omen of disaster and defeat obtruded
itself, it passed away unregarded. Instead of shrinking
before the grandiloquent periods of Hull, they rose, as one
man, fired by British loyalty and pluck, resolved to o'er-
master fate, and hurl the invader, dazed and reeling, from
the land which was their own.* The patriotism of the
people rose superior to the difficulties which lay in their
path; and these were neither few nor insignificant. The
population of the United States, according to the census of
1810, numbered nearly seven millions and a quarter ;-f- that of
* Brock's words at the opening of the Legislature in July, 1812, must have inspired many
a heart with courage : "We are engaged in an awful and eventful contest. By unanimity
and dispatch in our councils, and by vigour in our operations, we may teach the enemy this
lesson, that a country defended by freemen, enthusiastically devoted to the cause of their
king and constitution, can never be conquered." Tupper: Life and Correspondence of
Brock. London, 1845, p. 203. The Upper Canada Assembly at once issued a strong appeal
to the yeomanry of the Province. Thompson; History of the late War. Niagara 1832
p. 102.   Auchinleck's History, p. 46.
t American Almanac (1880;, p. 18. TEE SCOT IN BRITISE NORTE AMERICA.
327
Lower Canada was 400,000, while in Upper Canada there
were about 70,000* To defend a frontier of 1,700 miles—
of which 1,300 lie between Upper Canada and the United
States—including the garrisons of Quebec and Kingston,
there were only 4,500 regulars, of whom only 1,450 were
quartered in the Upper Province. The militia numbered
■ about 2,000 in Lower Canada, and perhaps 1,800 in Upper
Canada."*f* In order to conquer this insignificant array,
100,000 militia were called out in the United States—a
large proportion of them from States bordering on Canada.
Besides these there were 5,500 regulars already trained
and under arms.j Moreover, no substantial assistance was
to be expected from the mother-country, whose entire resources in men and money were strained to the utmost in
the most desperate struggle of modern times. England's
hour of conflict was America's opportunity. At the outbreak of the French Revolution, the party led by Jefferson clamoured for intervention on behalf of the new-born
Republic. Whilst he remained at the head of affairs, Washington and the Federal party strenuously opposed war with
England; and yet so vehement was the popular feeling that
I the father of his country " was denounced as a traitor and
a spy, only less culpable than Benedict Arnold. In 1796,
three years before Washington's death, John Adams ,was
* Quebec Almanac for 1816, p. 188. Gourlay: Statistical Account of Upper Ca'.iada,
vol. i. p. 139- The latter, in his General Summary (ibid. p. 16), reckons the Upper Canada
population at 83,250 some years after the war. See also Surveyor-General Bouchette's
British Dominions in North America, vol. i. pp. 75 & 347. McMullen, however, states the
Lower Canadian population at only 220,000.   History, p. 255.
+ See Coffin: 1812 : The War and its Moral, p. 85. James -.Military Occurrences, p. 52
Christie: Lower Canada, vol. i. p. 343.
t Thompson (late of the Scots Greys);: History.   Niagara, 1832, p. 101. 328
TEE SCOT IN BRITISE NORTE AMERICA.
elected to the Presidency, and faithfully adhered to the
policy of his illustrious predecessor; but in 1800, and again
in 1804, Jefferson reached the highest place in the state,
and thenceforward the descent was rapid towards the abyss
of war. It would be tedious to trace the various stages of
this downward process. Throughout, the attitude of France
was insolently aggressive in the highest degree; and yet
every indignity was borne by the Washington government
in a spirit of abject submission. Bonaparte had already
crossed swords with the American Republic in a brief war -
and the peace he concluded was perfidiously broken* He
had engaged to maintain the international maxim, agreed to
by the Baltic powers, according to which the flag was to
cover the merchandize. Yet he contemptuously violated his
obligations and preyed upon the American commercial marine, not casually, but on system.*}* Nevertheless, the famous
Berlin Decrees of 1806 were unresented in America. It was
only when the British Order in Council appeared in reply
to it, that the eagle's feathers were ruffled and his beak and
talons sharpened for the fray. The Milan Decree was dated
the 21st November, 1806, and it was received without a murmur of expostulation on the other side of the Atlantic • but
no sooner did the retaliatory Order-in-Council make its appearance than a lusty outcry was raised against Great
Britain. Nor did Napoleon's Milan Decree of December
11th arouse the indignation of America. Enmity against
Britain and abject submission to France were, no doubt, to
* Coffin, p. 27.
t In the Prince Regent's speech (January, 1813), we find the following : " All these acts
of violence on the part of France produced from the government of the United States only
such complaints as end in acquiescence and submission."   See Thompson, p. 13. TEE SCOT IN-BRITISH NORTH AMERICA.
some extent the fruit of Revolutionary bitterness; but there
was also a cool estimate of the profit to be made out of a
rupture with the former country. The prize was Canada—
the expulsion of Britain from the American Continent, and
territorial aggrandizement for the Union* The British claim
to the right of search was not a new one, and had been exercised by most of the principal European nations. It appeared
humiliating no doubt; still it was the usage of the time, and
was not mentioned in 1814 in the Treaty of Ghent.f As
for the Orders-in-Council, they were repealed before the
declaration of war was known in England.^ The British
Government naturally expected that Congress would at once
revoke their warlike measures, so soon as intelligence of the
withdrawal of the Orders reached America. Mr. Madison
stated that had that conciliatory step been taken in time,
war would not have been declared by the United States.
He had before him, however, the conditional promise of
withdrawal given on April 1st. Beside that, Great Britain
did not proclaim hostilities until October, four months after
Congress had taken the initiative. This hasty and ill-con-
sidered action of the Americans was perhaps, to a large ex-
" " Everything in the United States was to be settled by a calculation of profit and loss.
France had numerous allies; England scarcely any. France had no contiguous territory;
England had the Canadas ready to be invaded at a moment's notice. France had no commerce ; England had richly burdened merchantmen traversing every sea. England, therefore, it was against whom the death-blows of America were to be levelled."—James's Naval
History, quoted in Tupper's Li/e of Brock, p. 117. See also Auchinleck's War of 1812,
chaps, i. and ii.; Thompson, chaps, i. to vii.; McMullen's History of Canada, pp. 250-253, and
Dr. Ryerson's Loyalists of America, vol. ii„ chap, xlvii. and xlviiL
t Lieut. Coffin points out in his work (p. 29), that the lasf assertion of the right of search
was made by Commodore Wilkes in 1861, when he seized Messrs. Mason and Slidell, passengers in the West Indian Mail Steamer Trent—an act for which he was rewarded by Congress
For the Treaty, see Auchinleck's History, p. 404.
{ American Act declaring war signed June 18th, 1812; repeal of the Orders-in-Council,
June 23rd, 1812; English declaration of "war, October 13th, 1812.—Auchinleck, p. 43 ; Coffin, i, p. 33; Thompson',pp. 39-98; McMuHen,p. 253. 330 TEE SCOT IN BRITISE NORTE AMERICA.
tent, due to the fear that some such concession would be
made in England. They wished, also, to surprise Canada,
and capture the West Indian vessels then on their way
homeward. The hostile tone in Congress, as displayed in
violent speeches, like that of Henry Clay, exposed clearly,
not only the animus of the war party, but also its aims.*
Neither Mr. Madison nor the majority in Congress, however
accurately represented the feelings of the sober-minded
portion of the American people. Mr. Randolph denounced
the war, as also did Mr. Sheffey, both from Virginia. So
did the Assemblies of Maryland, Connecticut, New Jersey,
&c. At a New York Convention, the delegates, in a series
of resolutions, strongly deprecated the war,*f* and there can
be little doubt that it was intensely unpopular amongst the
manufacturing and commercial classes in the Eastern States.
The electoral vote for President in 1812 shows very clearly
the sectional character of the war-fever. Unfortunately no
complete popular vote was recorded until 1824.J This division in the camp of the enemy was a fortunate circum-
* Tupper's Brock, p. 237. Mr. Clay called for the extinction of British power on the continent. He thought it absurd to suppose that they could not succeed. God had given them
the power and the means, and they ought not to rest until they obtained possession of the
Continent. " I wish," said he, " never to see a peace till we do." Two years and six months
after Henry Clay signed an ignoble Treaty of Peace at Ghent, as one of the United States'
Commissioners, on December 24th, 1814.
+ "That we contemplate with abhorrence even the possibility of an alliance with the prer
sent Emperor of France, every action of whose life has demonstrated that the attainment,
by any means, of universal empire, and the consequent extinction of every vestige of freedom, are the sole objects of his incessant, unbounded and remorseless ambition." Auchin-
leck, p. 27; McMullen, p. 254.
% The candidates for the Presidency for 1812 were James Madison (second tern!) and De
Witt Clinton, of New York. The vote stood 128 to 89; but Madison received all his support from the South, only Ohio, Pennsylvania and Vermont being in favour of him. For
Clinton were recorded the votes of Connecticut, Delaware, Maryland (half-vote), Massa-
husetts, New Hampshire, New York, and Rhode Island.—American Almanac, 1880, p.
261. War was, of course, the prominent issue, and, like all subsequent conflicts waged by,
or in, the United States, it was d'stiuctly a slave-hulders' war. TEE SOOT IN BRIT1SE NORTE AMERICA. 331
stance for Canada, considering her scanty population and
military resources. The apathy, or avowed abhorrence of
the war, in New England preserved the frontier from invasion over the vast expanse of territory from Halifax to Lake
•Champlain. The war began at midsummer, and yet no attempt was made to repeat, under more auspicious circumstances, the perilous march to Quebec, in 1775, up the valley
-of the Chaudieire.
The preparations made in Canada to meet the impending
shock were directed by the brave and vigorous Brock, who
had arrived in Canada, as Colonel of the 49th Regiment, in
1802. From 1806, he was engaged in unremitting exertions
to place the Province in a state of defence. In 1807, the
first effort was put forth to enrol the loyal Highlanders;
.and shortly afterwards the men of Glengarry appear upon
the scene in which they played so conspicuous and gallant a
part. Writing to Mr. Windham (February 12th), Colonel
.Brock transmitted "for consideration the proposals of
Lieutenant-Colonel John Macdonell, late of the Royal Canadian Volunteers, for raising a corps among the Scotch settlers in the County of Glengarry, Upper Canada." He
strongly recommended the acceptance of the offer, and the
Highlanders being' all Catholics, proposed the Rev. Alexander Macdonell as Chaplain.*   In 1811, Colonel Baynes
* " His zeal and attachment to Government," he writes, " were strongly evinced whilst
filling the office of Chaplain to the Glengarry Fencibles during the Rebellion in Ireland, and
were generously acknowledged by His Royal Highness the Commander-in-Chief. His influ-
-ence over the men is deservedly great, and I have every reason to think the corps, by his
•exertions, will soon be completed, and hereafter form a nursery from which the army might
•draw a number of hardy recruits."—Life and Correspondence,^. 82-34. Colonel Macdonell,
to whom reference will be made hereafter, became Brock's A.D.C, and fell shortly after his
■chief at Queenston; the patriotic chaplain was subsequently Roman Catholic Bishop of
Regiopolis (Kingston). 332 TEE SCOT IN BRIT1SE NORTE AMERICA.
writes to Brock of proposals made by "an officer of the
King's Regiment, a Captain George Macdonell," to form a
corps. He is described as "a relation of the Glengarry
priest of the name." In the first instance it was to be a
small battalion, with Macdonell as major. *
War was declared, by the United States, on the 18th of
June, 1812; but no intimation of the fact reached Canada
until the 7th of July. General Brock, however, was on the
alert; and, when the tidings reached him, had already made
his preparations. A distinguished Scot, Major-General ^Eneas-
Shaw, sprung of a fighting stock, deserves mention here. His.
father fought for the Stuart, at Culloden,*f* and the Clan Chat-
tan (Shaw),has always had fighting men in thearmy and volunteers. The Major-General had served in the Revolutionary
war as Captain of the Queen's Rangers-(64th Foot).J Rising
to the rank of Major-General, he was afterwards appointed
Adjutant-General and a member of the Legislative Council
of Upper Canada. He died of sheer fatigue, in 1813, leaving five sons—all officers in the army§—and four daughters.
* We shall hear of this brave Highlander again at Chateauguay. See Life of Brock, pjll.
t Qenealogical Account of the Shaws, London: 1877, p. 97. At CUlloden, said the
Provost of Inverness, in 1745, " the brunt of the battle fell on the Clan Chattan," for out
of the twenty-one officers of their regiment, eighteen were left dead on the field.
I Simcoe was Colonel during the Revolution, and has left a full account of the operations
in his Military Journal. New York; 1844. Colonel Stephen Jarvis, of the Queen's Rangers, commanded by Lieut.-Colonel Simcoe, in describing several engagements with Washington's army in August, 17T7, says; "I was eye-witness to a very brave exploit performed by
the Left Division of the Highland Company, under the command of Lieutenant, afterwards
Major-General, ^Eneas Shaw. One of the field pieces, belonging to the Light Infantry, had got
fast in a quagmire, and at last was abandoned by the Artillery attached to it. The rebels
gave a shout, 'Huzza! the cannon is our own,1 and advanced to take possession, when
Lieutenant Shaw ordered his Division to the right-about, charged the enemy, and brought
off the cannon, which was ever after attached to the Regiment." Colonel Shaw late of
the 10th Royals, and Mr. S. M. Jarvis are our authorities in this-sketch of the Shaws.
§ It may be interesting to note how the military spirit has run in the veins of the Shaws.
The Major-General's eldest son, Alexander, was Captain in the 35th and 69th Foot, and
fought in seven general engagements.   His son, Captain Alexander Shaw, was an officer ia TEE SCOT IN BRITISE NORTE AMERICA 333
Brock was at Fort George, when the first attaek was
made by the enemy. General A. P. Hull crossed the Detroit
river, with 2,500 men, landed at Sandwich, and issued
a grandiloquent proclamation. It may be remarked here,,
that no belligerent nation ever indulged so much in brag and
bathos, followed by so slender performance, as the Americans during this war. Hull's next move was a march upon
Amherstburg, where a very small force of a few hundreds
was posted. The first blood was drawn on the River Canard •_
and the earliest names of wounded officers are those of Scots-
—Captain Muir and Lieut. Sutherland.* They had been
ordered to attack a village on the American side, and both
were severely wounded,—Sutherland was borne off the
field, having received a ball in the neck, which passed
completely through it. Muir, although twice wounded,
insisted on keeping his place in the field.*f* At about the
same time, the important post of Mackinac capitulatedT
the small British force owing its success largely to the valuable assistance of Scots belonging to the North-West Com-
pany. Hull, having found that his supplies and communi-
eations were in danger, re-crossed the river, renounced his
schemes of Canadian conquest, and entrenched himself at
Detroit. The indefatigable Brock had no sooner arrived at
Sandwich than he summoned Hull to surrender. The demand was refused, though in a rather tame and unspirited
the Incorporated Militia and Queen's Rangers, in 1837-8. Alexander's son, Geo. A. Shaw,
was, until lately, Colonel of the 10th Royals.
* These gallant officers belonged to the 41st Regiment.
t McMullen p. 260; Christie, ii.27; Coffin, p. 42; Auchinleck, p. 57; Thompson (Scots
Greys), p. 108; Major Richardson: Operations of the Right Division, &c.; Toronto, 1842,
p. 19; Tupper; Life of Brock, p. 249. 334 TEE SCOT IN BRITISE NORTE AMERICA.
way. The British commander's demand was certainly a
bold one, seeing that, whilst the enemy had nearly 3,000
men, fighting under shelter, Brock's force did not exceed
seven hundred. However, he probably had some idea of
the man he had to deal with, and the event proved that his
judgment was correct. With characteristic promptitude, our
gallant general at once crossed the river, and Hull lost heart
and head at once. Detroit, and the whole of Michigan
territory, was surrendered, along with 2,500 men, 33 pieces of
•cannon, and colours, besides an immense quantity of stores.*
Meanwhile danger threatened Canada on the lower Niagara, where Major-General Yan Rensselaer had concentrated
■5,200 men, besides 300 field and light artillery, with 800 more
at Fort Niagara. Matters having been adjusted in the west,
Brock hurried to the scene. The forces at his disposal consisted
■of detachments from the 41st and 49th regiments, a few
■companies, of militia, and between 200 and 300 Indians. Nothing strikes one more than the great disparity between the
American and British forces, whether on sea or land, throughout the war. It seems almost inexplicable, looking at the true
record, instead of the false statistics of American historians, how those little bands of loyal and patriotic men could
have stood their ground and repelled for three years a succession of attacks from superior Dumbers. The American
general was not bombastic, in the way of proclamation, like
Hull, at the outset, and Smyth, still more ridiculously, at a
subsequent stage of the war.    Still, Van Rensselaer fancied
* Lieut.-Colonel John Macdonell, of the Glengarry Corps, and A. D. C to Brock, negotiated for the surrender, with Major Glegg; but more of him hereafter. THE SCOT IN BRITISE NORTE AMERICA.
335
that the task before him was an easy one. "At all events,"
said Gren. Dearborn, with a confidence which all the American commanders shared, I we must calculate upon possessing Upper Canada before winter sets in." * There certainly
-appeared some reason for anticipating such an event. From
Black Rock to Fort Niagara the General in command could
•count upon no fewer than five thousand two hundred men,
exclusive of three hundred artillery and the eight hundred
of the 6th, 13th and 23rd regiments actually garrisoning
Fort Niagara. On the other hand, the British force of only
1,500 men against over 6,000 was dispersed along the frontier from Fort Erie to Fort George, a distance of thirty-six
miles.*f*
On the morning of the 13th of October, in the gray dawn
of a bleak and stormy day, the American troops began to
embark for the Canadian shore. The dun and lowering sky
was not as yet pierced by the beams of a rising sun when the
Alarm was sounded. A spy had mistakenly informed Yan
Rensselaer that Brock had departed hurriedly for Detroit,
^nd the Americans deemed it advisable to attack the enemy
in his absence. A small band of British soldiers were at the
landing-place ready for the invaders, who rowed across the
deep blue waters flecked with whitish foam—the relic of a
fiercer struggle up the river. The Canadian ordnance consisted of but one gun on the shore and one on the heights.
And yet the gallant defenders of the British soil would
have beaten back the enemy, had not some of them discov-
* Wilkinson's Memoirs, quoted in Auchinleck, p. 101.
t These figures are taken from the General Order Book in MS. The headquarters of the
four divisions were at Fort Erie, Chippawa, Queenston and Fort George. Auchinleck
(p. 101) states the force at 1,200. 336
TEE SCOT IN BR1TISE NORTE AMERICA.
ered a path up the rocks, down which not a few were fated to
descend with greater rapidity than they had clambered up.
The heights were gained and the single gun captured. At that
moment Brock and his aides appeared uponv the scene, and
his cheery cry, I Follow me, boys," nerved the hearts of his-
slender command. The odds were apparently against him,
but the stout hearts of the General and his gallant following
knew no fear. Their watchword was duty, and they were
content to leave the rest to God. Brock fell too early in the
struggle, where he was always ready to die—at his post. Like
the conqueror of Quebec, the hero of Queenston was taken
away in the prime of life. Wolfe was only in his thirty-
fourth year when he expired on the plains of Abraham;
Brock, exactly a week before his death, had but completed
his forty-third year. The memories of both are enshrined
in the hearts of all true Canadians—green and precious
now as when they perished by an untimely death. In both
instances victory crowned the Hying heroes, but Wolfe's task
had been virtually accomplished ; the brave and chivalrous-
Brock's had only begun.*
The odds in this heroic struggle were heavily on the side
of the invader. Thirteen hundred Americans were on the
heights, and opposed to them were only two companies of
the 49th and about two hundred York militia. To add to
the difficulties of defence, Captain Wool with an American
detachment, having mounted by the fisherman's path, poured
down fresh volleys of musketry upon the devoted band of
loyalists.    It was in charging up the hill, with the cry of,
'* For an admirable account of the General's life, the reader is referred to the biograph;
by his nephew, F. Brock Tupper.   London ; 1845. TEE SCOT IN BRITISE NORTE AMERICA.
** Push on, brave York volunteers," that the gallant Brock
met a soldier's death. Not long after, another brave officer,
of whom it is proper to speak at length, fell—a companion
of his General in the tomb until this day. Lieut.-Col. Macdonell, the faithful and trusted aide-de-camp of Brock, had
already seen service with his chief up the Detroit river, and
he, with Captain Glegg, negotiated and signed the treaty of
surrender by Hull.* As the foremost Scot at Queenston, he
deserves a somewhat extended notice. John Macdonell was
born at Greenfield, Inverness, Scotland, in 1787, so that he
was only twenty-five years of age when he met his. death.
His father, Alexander, emigrated to Glengarry, in Upper
Canada, in 1790; and his mother, Janet, was the daughter
of an aide-de-camp of Charles Stuarfc, and brother of Lieut.-
Col. John Macdonell, of the Royal Canadian Volunteers, and
Speaker of the Upper Canada Assembly in I792.f The
family was a large one. The Colonel's brother, Hugh, died
at the Scotch College of Valladolid in Spain. Duncan commanded a company at the taking of Ogdensburgh, and at
Fort Carrington in 1813, and lived until 1865, having been
Registrar for many years. Angus was a partner in the
North-West Company and was murdered at Red River during the Selkirk troubles.   Alexander was successively M.P.P.
* In a letter to Sir George Prevost, published in the Gazette in London, Brock says
speaking of" Hull's surrender, " In the attainment of this important point, gentlemen of
the first character and influence showed an example exceedingly creditable to them and I
•cannot on this occasion avoid mentioning the essential service I derived from John Macdonell, Esq., His Majesty's Attorney-General, who, from the beginning of the war, has
honoured me with his services as my Provincial aide-decamp."
t The Macdonells were essentially a fighting clan. The grandfather of this John fought
sX Culloden, escaped to France, and became a colonel in the French service, being on tha
account excepted from the Indemnity Act of 1747. His son was made colonel of the 76th
Macdonell Highlanders in 1777, having previously been a major in the Fraser Regiment.
He died, after taking part in the American war, a colonel in the army and a brigadier-
general in the Portuguese service. 338 TEE SCOT IN BRITISE NORTE AMERICA.
and Sheriff of the Ottawa District. Donald was also an M„
P.P., Sheriff of the Eastern District, Colonel, and, in 1813-14,
Assistant Quarter-Master General. The hero of Queenston
was called to the bar in 1808, became Attorney-General in
1811, and, at the breaking out of the war, was appointed.
A.D.C. to General Brock. At Detroit, he received General
Hull's sword, and the gold medal commemorative of the surrender was transmitted to the family after his untimely
death. Col. Macdonell, who had been stationed some few miles
from Queenston, hastened to the scene. He had only two companies with him, but these men, exasperated at the death of
their beloved General, rushed valiantly up the steep, bent on
vengeance. In the course of the charge, the gallant Macdonell fell, having been wounded in four places. He lived
for twenty hours, continually lamenting the death of his
illustrious chief.* It was fitting that this brave young Highlander should repose in death by the side of the hero he
loved so'well. Gallant and chivalrous in their lives, in death
they were not divided.   But for the loss of the Colonel*f* there
| "His Provincial aide-de-camp,Lieut.-Macdonell, the Attorney-General of Upper Canada
—a fine, promising young man—was mortally wounded soon after his chief, and died the
nfext day at the early age of twenty-five years. Although one bullet passed through his-
body, and he was wounded in four places, yet he survived twenty hours, and during a period
of excruciating agon3', his thoughts and words were constantly occupied with lamentations
for his deceased commander and friend. He died while gallantly charging up the hill with
190 men, chiefly of the York volunteers, by which assault the enemy was compelled to spike
the eighteen-pounder in the battery there."—Tupper's Brock, p. 322. See also, James'"
Military Occurrences, i. 90, and the other histories in loco, previously cited.
+ Earl Bathurst, writing to'Sir^Geo. Prevost, iu December, 1812, speaking for the Prince
Regent, observes: " His Royal Highness has been also pleased to express his regret at the
loss which the Province must experience by the death of the Attorney-General, Mr. Macdonell, whose zealous co-operation with Sir Isaac Brock will reflect lasting honour on his
memory." Early in 1813, the Prince Regent again acknowledged the services of the Colonel; and in 1820, Frederick Duke of York, Commander-in-Chief, transmitted the Detroit
medal to his family, " as a token of the respect which His Majesty entertains for the memory of that officer." In 1853, when the Brock Monument was again in process of erection,,
at Queenston, the Administrator of the Go\ ernment nominated Colonel Donald Macdonell TEE SCOT IN BRITISE NORTE AMERICA.
339*
can be no question that the invaders would at once have
been driven over the rocks, although they numbered at least
four to one. As it was, help, unfortunately tardy, was at
hand. The reinforcements came from Fort George and although they amounted to three hundred and eighty, were
but a handful as compared with the enemy; still they were
strong and valiant enough to drive the enemy across the
river. Of these fresh troops the names of Scottish origin
occupy a prominent place. Lieut. Mclntyre led the advance
with the light company of the 41st Foot; then follow, of
the militia, Capt. James Crooks, Capt. McEwan (1st Lincoln), with Cameron and Chisholm, of the little Yorkers.
General Sheaffe assumed the command, and after one volley
the British bayonet was brought into requisition, and the
American's fled towards the Falls. Finding no succour at
hand, many of them flung themselves over the rocks, others
were observed attempting to swim across the river; but the
rest, to the number of between eight and nine hundred, surrendered.* It is not necessary here to refer to the transparent falsehood of the American chroniclers, who multiply
their enemy's army by five and divide their own by three.
It may suffice to note that two of them introduce, as pre-
to represent him at the re-interment. In the Militia General Order, " His Excellency has
much pleasure in nominating for this duty the brother of the gallant offictr who fell nobly
by the side of the Major-Geueral in the performance of his duty as Provincial Aide-decamp." It may be stated that we are indebted to his relative, Mr. John A. Macdonell of
Toronto, for the information contained above.
* Van Rensselaer and several boat loads had gone over previously. It may be well to remark here that this unfortunate General was, perhaps, more sinned against thin sinning.
Personally, he was, unquestionably, a brave man, but he had no strategic ability. With at
least 6,300 men between Fort Niagara and Black Rock, he should have done better, considering the well known weakness of the opposing force. Thompson, at that time Secretary of
War, tried to depreciate Van Rensselaer's personal bravery; but at Queenston he was
wounded in four places. See a defence of the American General by his nephew and aide-decamp, entitled Narrative of the Affair at Queenston in the War of 1812. New York ;
1836.   There is a great deal of curious information in this book. 340 TEE SCOT IN BRITISE NORTE AMERICA.
sent, the entire 49 th Regiment, whereas there were only two
•companies there.
It is now time to look at the part taken by some other
Scots or Scotsmen's sons in the war. No less than three
•o-entlemen destined to be Chief Justices took up arms in defence of their country in the conflict of 1812-15, and of
these, two were of Scottish blood.* Sir James Buchanan
Macaulay, C.B., was the son of James Macaulay, M.D., formerly of the 33rd Foot, and grandson of the Rev. Mr. Mac-
-aulay, of Glasgow, Scotland. He thus closely resembled in
his pedigree the great English historian. His father emigrated to Canada, and was quartered with his regiment at
■ Niagara, in 1792. There, in December of the following
year, the future Chief Justice was born. Educated at Cornwall under another Scot, Dr. (afterwards Bishop) Strachan,
he entered the 98th Regiment as ensign. When the war
broke out, Macaulay longed to assist in the defence of his
■country, and joined, with that object, the redoubtable Glengarry Fencibles. He served at Ogdensburg, Oswego, Lundy's
Lane, and Fort Erie, always in the thick of the conflict. He
was,nevertheless,fortunate in never having received a wound.
After the war, Macaulay entered upon the profession of the
law, and was called to the Bar in 1822. In 1829 he became
a puisne Judge of the Queen's Bench; in 1849 the first
Chief Justice of the Court of Common Pleas; and in 1856
he was chosen as a Judge of the Court of Error and Appeal.
A man of singular ability and of a most amiable disposition,
he was a sincere friend to the student as well as to the bar-
I The third, Sir John Beverley Robinson, was the son of a U. E. Loyalist, and of English
•extraction. THE SCOT IN BRITISH NORTH AMERICA.
341
rister.    The crowning work of his life was perfected when
the statutes of the Province were satisfactorily consolidated;
and he died in 1859, highly esteemed and deeply regretted*
A rare old fighting-stock—the McLean family—must now
claim our attention, and here there is almost an embarras
de richesses.-f    The clan McLean, or Gillean, seems to have
turned out as many sturdy fighters as any of the Highland
septs, if not more.J    So far back as the grey dawn which
intervened between legend and history, partaking largely of
both§, there was a Gillean to the fore, fighting in the reign
of Alexander III. against the Norsemen at the battle of
Largs.    A Lachlan M6r McLean was bent upon exterminating the Macdonalds, and got the worst of it; his son, Hector,
however, redressed the balance and expelled the other Macs,
invading Isla, and ravaging it in primitive fashion.    A
3~ounger brother was one of the Nova Scotia baronets—Sir
Lachlan Maclean by name.   The clan was devotedly loyal
to  the Stuarts throughout; they belonged to  Mull, and
were not likely to be infected with the constitutional theories
of the far-away Southron.  At Inverlochy and Inverkeithing
they fought desperately on the side of Montrose and the
Stuarts.   At the battle of Killiecrankie, Sir John Maclean
was on Dundee's right; in 1715, the  clan was again to
Hill
* He left three daughters, of whom one became the wife of B. Homer Dixon, Esq., K.
N. L., of Homewood, Consul of the Netherlands. The above account is mainly taken from
Morgan's Celebrated Canadians, p. 468.
t The information contained herein is entirely derived from manuscript notes kindly
furnished by Miss McLean, Messrs. John McLean (Cornwall), Thos. A. McLean, Allan McLean Howard, and J. T. Pringle (Cornwall), and from a funeral sermon by the Rev. Dr.
Barclay, published at Toronto, 1865.
t See Eeltie ; Scottish Highlanders, ii. 223.
§ Before us lies a genealogical table of the Clan Maclean, beginning with the founder of
the race Gillean (A.D. 1174), and reaching down to the close of last century.
B 342
■ THE SCOT IN BR1TISE NORTE AMERICA.
the fore under Mar, and busy at Sheriffmuir. At Cullo-
den, where the sun set upon the Stuart fortunes, five
hundred of the clan fought for Charlie. It would lead us too
far-afield to trace the various branches of the clan; and it
is not necessary for the present purpose to distinguish them.
Before referring, however, to the McLean who is of special
interest in this immediate connection, it seems proper to refer to others who distinguished themselves on the field.
Archibald McLean was descended from Hector Mhor McLean,
Lord of Duart, and son of Hector of Mull. He was
captain of a Loyalist corps, a troop of horse in the New
York volunteers, and served under Lord Rawdon in the
American Revolution. He especially distinguished himself
at the battle of Eutaw Springs, in South Carolina, where he
was severely wounded. Removing to New Brunswick
after the war, he was for twenty-two years a member of the
Legislature. In 1812 he was staff-adjutant of Militia in New
Brunswick, and died in 1830. His son, Allan McLean, volunteered with his regiment to go to Canada during the troubles
of 1837* Major (now Colonel) McLean served with distinction dming the Crimean War, and was in Canada with
his regiment, the 13th Hussars. He will succeed to the
Baronetcy as well as chieftainship of clan on the death
of his father, Sir Fitzroy Grafton McLean. General
Allan McLean, who defended Quebec, belongs to a branch
eminently distinguished for its bravery, j It may be said
of them," says our informant, "that they lived by the sword
*He was a cousin of the Gen. Allan McLean to be mentioned immediately, and uncle
of General Thomas Allan McLean, well known as colonel of the 13th Hussars, also of Rev.
John McLean Ballard. Allan McLean Howard, of Toronto, another nephew, is in possession
of his sword, pistolfwlsters and military accoutrements.
■wwipk! THE SCOT IN BRITISH NORTH AMERICA.
and died by the sword, for they all fell in battle, and there is
not an individual remaining in the whole line, so far as I am
aware of." Allan's grand-daughter had, in addition, a cousin
who was a General, and her husband was also a General.
Another McLean (John) was in the Hudson Bay Company's
service, and published a work on the North-West. General
Lachlan McLean owed his promotion to his good looks. Unlike most of his clan, he did little or no fighting. The Duke of
York, Commander in Chief, had a weakness for handsome officers ; the consequence was Lachlan's rapid promotion as successively Lieutenant-Colonel, Brigadier-General, Major-General, and Lieutenant-General. At Quebec, as senior General,
he secured the post of commandant of the garrison with its
emoluments. The Hon. Neil McLean also hailed from Mull.
Born in 1759, he entered the Royal Highland Emigrants as
Ensign, and was subsequently gazetted a Lieutenant of the
84th. When that regiment was disbanded he remained on
half-pay until 1796, when he was made Captain of the Royal
Canadian Volunteers, serving at Montreal, Quebec, and York,
taking part in the battle of Chrysler's farm. He finally settled at St. Andrews, Stormont, marrying a Miss Macdonald
(of the brave Glengarry stock"), by whom he had three sons,
John, Archibald and Alexander. The eldest was for years
Sheriff of Kingston; Alexander entered the Royal Newfoundland Regiment, and saw considerable service in the war
of 1812 ; and he subsequently enlisted in the Stormont Militia,
being wounded at the capture of Ogdensburg. He was subsequently M.P.P, and Treasurer of Stormont and Glengarry.
The second son is more widely known to the present generation.    Archibald McLean (afterwards Chief-Justice of On- 344
THE SCOT IN BRITISH NORTH AMERICA.
tario and President of the Court of Error and Appeal) was
born at St. Andrews, near Cornwall, in 1791. At the breaking out of the war of 1812, McLean was Second Lieutenant
in the 1st or flank company of the York Volunteers,* commanded by a Scot, Capt. Cameron. When Brock inspected
the companies he asked for volunteers to accompany him to
Amherstburg, and, to his surprise, all offered to go. It was
impossible, however, to accept them all, and finally Heward,
Jarvis, and Robinson (Sir John) were selected to command
a portion of the force. Although it does not bear upon the immediate subject of this work, it may not be amiss to note an
incident which shows the patriotic conduct of the " brave
York Volunteers." Mr. Jarvis, of the Light Company, had
been despatched after Gen. Brock in charge of a few Indians,
with instructions to return, after accomplishing his mission.
Jarvis had no notion of returning, however, and was temporarily attached to one of the companies. Lieut. McLean
was stationed at Brown's or Field's Point, about midway
between Queenston and Niagara. When the noise of artillery and the rattle of musketry was heard, McLean at once
rushed to the scene of action. He was in charge of the solitary 18-pounder which was placed on the brink of the river.
When the early dawn of morning disclosed the enemy, the
gallant Lieutenant was anxious to get into the midst of the
fray; and when the Americans had gained the heights by
the "fisherman's path," he could be restrained no longer.
Flinging aside his heavy overcoat, McLean and his little fol-
* The Volunteers were attached to the 3rd York Militia,'* and their officers were : 1st,
Captain Duncan Cameron, Senior Lieut. 'William Jarvis, Junior, Archibald McLean, 3rd
Lieut. George Ridout. This being the right flank, now called the Grenadier Company, the
Light Company was officered by Captain Stephen Heward, with three Lieutenants—John
Beverley Robinson, S. P. Jarvis, and Robert Stanton. THE SCOT IN BRITISH N0R1E AMERICA.
345
lowing joined the York Volunteers. His captain (Duncan
Oameron) was wounded by a spent ball in the elbow, and
thus rendered helpless ; McLean himself was severely wounded in the thigh. Then followed Macdonell's gallant charge
up the steep, and the surrender of the American forces.
Macdonell fell close to McLean, and his first cry was to him,
" Archie, help me." The reinforcements from Fort George
had finished the business ; but the victory was dearly purchased by the deaths of Brock and Macdonell. The ill-
advised armistice concluded by Gen Sheaffe terminated the
campaign, and McLean returned to York, with a view of
prosecuting his studies and the legal profession. Visiting his
friends in eastern Ontario, he was commissioned to recruit
a company in the battalion which his father, Neil McLean, was
about to raise. So conspicuous was the Lieutenant's gallantry, that Sir George Prevost offered him a commission in
the line—a tempting offer in those days—but declined by
McLean, who fought only for his native land. During his
visit, Lieut. McLean came in contact with the good Bishop
Macdonell; and the failure of means of transport and the
deep snow accidentally brought him once more into the middle of the fray at Prescott and Ogdensburgh. The Bishop
was on the ice in a great state of agitation, as the troops had
been repulsed, and the whole north shore was exposed to the
mercy of the American marauders. There were in the western division only a company of the Glengarry Fencibles and
a remnant of the Glengarry Militia. McLean and his brother obtained arms from wounded men, and hurried in haste
over the ice-clad river. They, however, arrived too late.
The eastern division consisted of a company of the 8th or 346
TEE SCOT IN BRITISE NORTE AMERICA.
King's Regiment, a detachment of the Royal Newfoundland
Fencibles, and a number of the Glengarry, Stormont and
Dundas Militia. These were almost«wholly Scots, or of Scottish extraction. They made a gallant assault upon the works,,
which were defended by an American force under Captain
Forsyth (presumably of Scottish descent). The works were
carried; but Lieut. McLean only reached the scene to find
his younger brother, Alexander, severely wounded by a round-
shot in the thigh. The stores, &c, were carried over on the
ice to Prescott. In March, Lieut. McLean returned to York,
with the intention of applying for call to the bar. At an
interview with General Sheaffe he announced his intention of raising a company of incorporated Militia, as Captain
Jarvis had done, but was induced to accept the Assistant-
Quartermaster-Generalship of Militia, and consequently was
placed on the Staff. He continued in active service until
the battle of Lundy's Lane, where he had the misfortune to
be taken prisoner, with a reconnoitring party, and, after suffering some hardships, was detained, on parole, until the close
of the war. He was at York when it was captured by the
Americans, and bore away the York Volunteers' colours during the retreat. His after career is well known. Pursuing
his legal course, he eventually became Chief-Justice of Ontario, and died President of the Court of Error and Appeal in
1865.
His wife came also of a distinguished Highland line. Her
father, a Macpherson, and her grandfather a Cameron, were
amongst the defenders of the Sault au Matelot, when Montgomery assaulted Quebec in 1775. Cameron had followed
Prince Charlie under Lochiel in the '45, but escaped to TEE SCOT IN BRITISH NORTH AMERICA.
France. On his return to Scotland with a brother of Loehiel,
both were taken prisoners. The latter was executed—the
last of the hangman's victims. Cameron was offered a commission in the army, but preferred emigrating: to Canada.
After fighting bravely at Quebec, he refused any pay for his
services, with the characteristic pride of a Highland man.
" I will help," he said, " to defend the country from our
invader, but I will not take service under the House of
Hanover."*
Allan McNab was the father of Sir Allan, of Dundurn
Castle, Hamilton. His family, like the Shaws and McLeans'
were soldiers by hereditary descent. Old Allan's father.
belonged to the 42 nd or Black Watch, was Royal Forester of
Scotland, and owned a small property called Dundurn at the
head of Loch Earn. The son was originally an officer in the
71st, but during the Revolutionary war, he served as a
Lieutenant of cavalry in the Queen's Rangers under General
Simcoe. While thus employed he received no less than
thirteen wounds. Following the fortunes of his General he
repaired to Upper Canada, and subsequently with his son
(afterwards Sir Allan, then so young as hardly to be able to
carry a musket) took part in the war of 1812. Sir Allan
Napier McNab was born at Niagara in 1798, and received
his second name from the mother's side, Captain Napier, his
grandfather having been Commissioner of the port of Quebec.    He was at York when the enemy captured the town,
* Before leaving the McLeans, an incident connecting past with present—the old generation with the new—seems deserving of mention. On the 24th of May, 1855, Chief Justice
McLean laid the corner-stone of the Sandwich Court-house, and was presented with a silver
trowel by " a brither Scot," the contractor, Mr. Alexander Mackenzie, since Premier of the
Dominion. 348
TEE SCOT IN BRITISE NORTE AMERICA.
and followed General Sheaffe in the retreat to Kingston.
Here he became a " middy" in Sir James Yeo's squadron,
and went to Sackett's Harbour whese Prevost made so notorious a failure. We next find him in the 100th Regiment
under Colonel Murray on the Niagara frontier, with the
advanced cmard; he was foremost at the taking of Fort
Niagara, and received an ensigncy in the 49th as a reward
for his valour. At the*burning of Black Rock and Buffalo,
in retaliation for the wanton destruction of Niagara, he was
present with General Riall's command. When this campaign ended he joined his regiment at Montreal, and was
again so unfortunate as to be a participant in that other
fiasco of Sir George Prevost at Plattsburg. There again Sir
Allan was of the advanced guard. Placed on half-pay some
years after the war, he devoted himself to the study of the
law and rose to the dignity of a silk-gown. His parliamentary career began in 1829, when he was returned for Went-
worth,—a seat he occupied during three Parliaments. From
that time until his retirement from the House in 1857, Sir
Allan represented the City of Hamilton, and he was subsequently (in 1860) a member, and Speaker, of the Legislative
Council. The political portion of his career will demand
attention in a subsequent chapter, as also his connection
with the burning of the Caroline in ] 837. As leader of " the
men of Gore " he always appeared ready to take up arms in
the service of his country. A bluff, frank, honest old man,
albeit gouty, he was, in spite of the irascibility produced by
physical suffering, much beloved by the people of his district,
and although, by heredity and education, a strong Tory,
never lost the respect of his Reform friends and neighbours. TEE SCOT IN BRITISE NORTH AMERICA. 349
In 1859, during a brief residence in England, he failed to
-secure a seat for Brighton.*
The Hon. James Crooks (father of the Ontario Minister of
Education) was one of the earliest settlers in Upper Canada.
Born at Kilmarnock in 1778, he established himself at Niagara in l794.-f* As- a merchant he sent the first load of wheat
.and flour from Upper Canada to Montreal,! and established
the first paper mill. Unlike Jack Cade's victim, Lord Say,
Mr. Crooks did not lose his head on account of the latter
enterprise.§ During the war Mr. Crooks, and at least one
of his brothers, distinguished themselves in the field at
■Queenston and elsewhere on the Niagara frontier. He was
soon after elected to the Assembly,|| and subsequently became
a member of the Legislative Council. Throughout his public life he was regarded as a singularly upright man, and
thoroughly independent. He died so late as 1860, in the
■82nd year of his age, on the same property in West Flam-
boro' where his son, the Minister of Education, first saw the
light in 1827.    In politics the Hon. James Crooks was a
* Morgan ; Celebrated Canadians, p. 473. Dr. Byersou; The Loyalists of America, ii.
•202; and Simcoe ; Military Journal, pastim.
t Three of the name are mentioned in Toronto of Old, all residents of Niagara—William,
James and Matthew. The two first-named were in partnership as merchants. In the 6a-
.zette and Oracle of October 11th, 1797, appeared the following advertisement, which did not
look strange at the time ; " Wanted to purchase a negro girl, from seven to twelve years
of age, of good disposition. For further particulars apply to the subscribers, W. and J,
Crooks, West Niagara.    Scadding p. 2s)5.
X Celebrated Canadians, p. 315.
§ That portion of the rebel's indictment against His Lordship must be familiar to the
Shakspearian reader; " And whereas before, our fathers had uo other books but the score
and tally, thou hast caused printing to be used; and contrary to the king, his crown and
dignity, thou hast built a paper-mill."   2 Henry VI. Act iv. Sc. vii.
|| In a debate on a measure to legalize marriages solemnized by Methodist clergymen, he
as reported in the York Observer (Jan. 17th, 1822), to have said; " He thought it was necessary that this BUI should make valid marriages heretofore contracted, and he hoped in
God it would take place." In the York Ahnanac and Royal Calendar for 1823, he appears
as member for Halton, residing at Dundas. 350
THE SCOT IN BRITISH NORTH AMERICA.
Conservative, and therefore came under the notice of Robert
Gourlay, of whom hereafter.
The Hon. George Crookshankj in his later years, "the
oldest resident of Toronto," was born in the City of New
York, in 1773. His father, a native of the island of Hoy,.
Orkney, had emigrated to Shrewsbury, New Jersey, upon
the breaking out of the Revolutionary war. He was a devoted loyalist, and emigrated, early in the troubled time, to
New Brunswick. There his sister Catherine married the
Hon. John McGill. Mr. Crookshank's brother-in-law had
already preceded him to Canada, and in 1796, he was induced to follow, by the offer of an important post in the
Commissariat Department. The immediate cause of the
migration of the Crookshanks and McGills, was the earnest
desire of General Simcoe, when appointed to the Lieutenant-
Governorship of Upper Canada, to have some of the old
loyalists about him. Mr. Crookshank's chief work was the
building of military roads, and the transportation of cannon, &c, for the- army. When the town of York was evacuated, he followed the forces to Kingston, and his house* be-
came the head-quarters of the American General. He retired on half-pay, in 1820, when he also received a grant of
three hundred acres of land, known afterwards as the Crook-
shank estate. The hon. gentleman died a member of the
Legislative Council, of many years' standing, on the 21st of
July, 1859. He was a warm-hearted and energetic man, a
worthy exemplar of the sterling loyalist virtues, and ended
| The well-known homestead on the east side of the intersection of Peter and Front streets.
" Passing westward," says Dr. Scadding, "we had on the right the spacious home of Mr.
Croekshank, a benevolent and excellent man, sometime Receiver-General of the Province."—Toronto of Old ; p. 62, THE SCOT IN BRITISH NORTH AMERICA.
351
a long and eventful life, leaving no blot upon his escutcheon.
In those early days when systematized charity was unknown, Mr. Crookshank was eminently charitable upon a
rational and well-designed basis. As a churchman, his name
is linked with the fortunes of St. James' Cathedral, to the
erection of which he largely contributed. After the Union
of 1841, he does not appear to have taken any part in political life. The Province he had so earnestly laboured to
build up had passed into a new phase of existence, and he
could well afford to leave the work of progress to his juniors.
Mr. Crookshank was pre-eminently a pioneer, and as the
pioneer's work was done, the evening of his days was-
passed in quiet retirement. His only son had gone before
him, and his property fell to his only surviving child, a
daughter,* when he died on the 21st of July, 1859.
On the last day of the year 1834, as we learn from the
Patriot, of January 20th, 1835, the Hon. John McGill died
in Toronto, as little York was by that time called. Mr.
Mackenzie's paper, the Advocate, announced his decease, in
these characteristic words : " Died—yesterday, the Hon.
John McGill, an old Pensioner in His Majesty's Government." A correspondent of the Patriot, after rebuking the
Radical editor, for his want of feeling, proceeds to give an
account of the departed official. He was born in Auchland
in Wigtonshire, Scotland, at the beginning of March, 1752.
Thanks to the admirable parochial system of his native
land, he was well educated, and piously brought up. His
father apprenticed him to a merchant at Ayr, where he may
* His daughter married Mr. Stephen Heward, and to her kind ness the writer is indebted
for most of the information given above. 352 TEE SCOT IN BRITISE NORTE AMERICA.
have come in contact with Robert Burns. In 1773, his enterprising spirit led him to emigrate to the colonies, and he
landed in Virginia, in October./ When the storm of revolution broke over the land, Mr. McGill, firm in loyalty to
king and country, sacrificed his mercantile prospects, and cast
in his lot with what proved to be the losing cause. The rebels, although they loved liberty for themselves, were not over
tolerant where the honest opinions of opponents were in question. Mr. McGill was one of those described as " unmanageable traitors," and with difficulty succeeded in making good
his escape on Lord Dunmore's fleet. In 1777, he was Lieutenant in the Loyal Virginians, and afterwards became Captain, under General Simcoe, in the Queen's Rangers. *In 1779,
the Colonel and others of the corps fell into an ambuscade,
.and into the hands of the rebels, by whom they were
harshly treated. Mr. McGill offered to aid his superior
officer's escape, by taking his place in bed and remaining
behind. But the plan failed owing to "the breaking of a
false key in the door-lock. In 1783, Mr. McGill, with other
loyalists, made his way to St. John, New Brunswick, where
he remained seven or eight years. During this time he married Miss Catharine Crookshank, a lady of singular benevolence and amiability of character, with whom he lived happily for over thirty years.f Another Miss Crookshank
(Rachel) was the second wife of Dr. Macaulay, whose death
* A full account of, the exploits of the Queen's Rangers will be found in Simcoe's Military Journal, originally printed, for private circulation, at Exeter, and published at New
York with a memoir, in 1814.
t Mrs. McGill died on the 21st of September, 1819. An obituary notice of her, warmly
eulogistic in tone, appeared in the Upper Canada Gazette of the 25th, a copy of which lies
before us. THE SCOT IN BRITISH NORTH AMERICA.
353
is recorded in the York Observer of January 7th, 1822. By
his first wife the doctor left a number of descendants well
known in Toronto.*
In the winter of 1792, Mr. McGill, at the invitation of
General Simcoe, removed to Upper Canada. The founder
of Toronto was, throughout, a fast friend to him, and, at
the peace of 1783, with other reduced officers, he repaired
in company with his chief to New Brunswick. When Simcoe was appointed Lieutenant-Governor of Upper Canada,
he, at once, wrote for Crookshank and McGill, in 1791. The
latter received the post of Commissary of Stores, &c,—an
office to which, as already noted, his brother-in-law succeeded
on his arrival in 1796. The records show that General Simcoe
reposed the utmost confidence in Colonel McGill. On the arrival of General Hunter—a brother of the celebrated physician, John, and a Scot,—there appeared to be a pressing necessity for a general supervisor of the Provincial finances. Mr.
McGill,therefore, was named as Inspector-General of Accounts,
with the munificent salary of .£164 5s. currency ; he did not
accept the appointment, however, until 1801 .*f* His labours in
the audit department appear to have been thorough and effective. For forty years, Mr. McGill appears to have laboured
with conspicuous ability. He had been an Executive Councillor, early in his public life, having been appointed to succeed a brither Scot, Colonel Shaw in 1796; and in 1797, he
* Dr. Macaulay was the father of Sir J. B. Macaulay. Mrs. Macaulay survived her husband
for eighteen years, dying in 5840. The residence called Teraulay was on Yonge Street,
about where the Church of the Holy Trinity now stands.
t He was certainly no gainer, seeing that he was compelled, out of this paltry pittance, to
pay a clerk £126, and furnish office, fire and candles, out of the balance. 354
TEE SCOT IN BRITISH NORTH AMERICA.
was called to the Legislative Council, at the time of his
death, being by far, the oldest member of that body.*
In 1813, Sir Roger Sheaffe nominated him to the Receiver
Generalship of the Province. When at the age of seventy,
worn out by active service, with impaired sight, and partial
paralysis of the right arm and hand, caused by unremitting
labours at the desk, he asked leave to retire, and received
from the Lords of the Treasury a pension of £450 sterling
per annum.*f* That he fully deserved this mark of appreciation, is evident from the highly eulogistic terms in which
contemporaries spoke of his career. On his retirement,
Lieutenant-Governor Gore wrote to him from London, thus:
*' Your long, honourable, and meritorious services, had I the
power, should be better rewarded." As an instance of Mc-
Gill's probity, it may be mentioned that he over-credited
the Government with £1,700, from a sensitive delicacy as to
what he was legally entitled to as Receiver-General. It
was decided in England, at the instance of the Chief Justice,
that he ought to be re-imbursed; yet, strange to say, only
one-half of it was actually received by him. Mr. McGill
owned a large park-lot in what is now the heart of Toronto.
His residence stood, until about ten years ago, on the plot
now occupied by the Metropolitan Church, formerly known
as McGill Square. His name is still preserved by McGill
Street, further to the North. I   Mr. McGill died at the close
* The particulars in the text are taken from a tribute to the memory of Mr. McGill, 1 >j
the Hon. Peter McGill, of whom mention will be made hereafter.
t Scadding, pp. 286-7.
X Dr. Scadding (p. 260), notes a copy of an advertisement from the Upper Canada
Gazette for 1793, in which is given some idea of the work of Mr. McGill's first department:
I Ten Guineas Reward is offered for the recovery of a Government grindstone, stolen from
the King's Wharf, between the 80th of April and the 6th inst. Signed, John McQllL Com.
of Stores, &c   Queenstown, 16 May, 1793. TEE SCOT IN BRITISH NORTH AMERICA.
ODD
•of 1834, at the advanced age of eighty-two, leaving his property to his nephew Peter McCutcheon, who, in obedience
to the testator's injunction, assumed the name of McGill.
The Hon. James McGill, founder of McGill University,
Montreal, was distinguished for his benevolence and public
spirit.    Born at Glasgow, in 1744 (Oct. 6th), he came to Canada at an early age,  and became a merchant.     Having
.amassed a large fortune, he thenceforth devoted himself to
the advancement of his adopted country.     He became a
member of the House, and subsequently of the Legislative
and Executive Councils of Lower Canada.    During* the war
of 1812, so valuable were his services that he rose to the
position of Brigadier-general.    He was chiefly known, however, for his charity, and the warm interest he took in the
cause of education.    Towards the close of 1813, he died at
the age of sixty-seven, leaving a monument behind more
precious and enduring than marble.*   The Hon. Peter McGill,
though properly belonging to a later period, and not connected with the war, but afterwards a Colonel of Militia,
may be introduced here, in connection with his namesake.
His father, John McCutcheon, belonged to Newton Stewart
in Galloway, and his mother a McGill.    He himself was born
.at Cree Bridge, Wigtonshire, in August, 1789, emigrated
to Canada in 1809, and settled in Montreal.   His family
name was McCutcheon, but he afterwards changed it to Mc-
•Gill, at the request of the Hon. John McGill, of Toronto,
whose heir he became.   His firm, that of Peter McGill & Co.,
was well known throughout the Provinces.    From June,
Morgan, p. 316. 356
THE SCOT IN BRITISH NORTH AMERICA.
1834 until June, 1840, he was President of the Bank of
Montreal, and in September of the latter year, died in that
city.     Like James, he wasN famed for his philanthropy,,
and occupied prominent positions in the commercial metropolis.   He was a Governor of the McGill University, Director
of the Grand Trunk Railway, Governor of the Montreal
General Hospital, President of the Lay Association of the
Scotch Church, of the Bible Society, and of the School Society,
as well as Trustee of the Queen's University, of Kingston.
After the union he became a Legislative Councillor (1841),
Executive Councillor, and Speaker of the Legislative Council
in 1847, shortly after the arrival of Lord Elgin, resigning
the following year.    He appears to have been a man of
the Scottish  type pre-eminently—a race   representative.
Educated only in the parish school, he had gained a position
before his uncle's will, in 1824, which made him independent.    Possessed of a strong physical constitution, upwards
of six feet high, he still looks, with his benign countenance,
in photograph, a model of vigour and beaming good nature.
Instinctively liberal in his views, he nevertheless appears to
have had ingrained in his constitution some stubborn old-
world principles, both in religion and politics; still he was
not bigoted and knew how to adapt his views to the varying
phases of modern progress.    Had he been gifted with the
superficial graces of far inferior men, he might have made a
conspicuous figure; but he could not have done more essential service in his day and generation.   Whether as Mayor
of Montreal, Master of the Masonic Grand Lodge, President
of the St. Andrew's Society, or chairman of the first railway
company in Canada (1834)—the St. Lawrence and Champlain
\
L THE SCOT IN BRITISE NORTH AMERICA. 357
—he was a conscientious worker, a man of whom Scotland
may still be proud, though she is affluent in worthy sons,
and one also whose memory^ will not soon be forgotten in
the city of Montreal.    He had passed the seventieth year
when he was called to his rest.    Mr. McGiU's Reform principles had been tested frequently; differences, to which we
shall refer elsewhere, arose from time to time in the Council,
and were not healed until Lord Elgin was firmly seated in
power.    The Hon. Peter McGill was concerned, with more
or less prominence, in eyents which must be traced in their
entirety hereafter; meanwhile it is well to draw attention
to the sterling character of this strong-headed and warmhearted Scot,  who laboured to do well, and felt ardently
the needs of the young Canadian nationality.
Major-General McDouall was another Scottish hero of the
last war; but we have failed to get any further particulars
of him than are to be found in Morgan* It appears that
he entered the army in 1796, and, rising through the various
steps of promotion, was Colonel during the conflict with
the United States. The most notable exploit he performed
was the defence of Fort Michilimackinac against a very
superior force. In 1841, McDouall was gazetted as Major-
Oeneral and died at Stranraer in 1848.    General Sir Georee
O
Murray, was born in Perthshire, and educated at Edinburgh
University. Entering the army in 1789, at the age of 17,
he served in almost all the quarters of the globe. In 1812,
he became Brock's successor as Lieut.-Governor, but he had
no sooner heard of Napoleon's escape from Elba, than he returned home, and joined the English army in France.    Sub-
*P. 216. 358 TEE SCOT IN BRITISE NORTE AMERICA.
sequently Murray became Governor of Edinburgh Castle,
Governor of the Royal Military College at Sandhurst, Lieut.-
General of Ordnance, and M\P. for Perthshire.     He also
filled the subordinate position of Master-General  of the
Ordnance department under Sir Robert Peel in 1834 and
1841.   He had previously been Secretary of State for the
Colonies for a short period in 1828.     Captain Martin Mc-
Leod, who subsequently lived near Bond's Lake on Yonge
Street, hailed from the Island of Skye.    He " was a Scot of
the Norse Vikinger type," writes Dr. Scadding,* " of robust,
manly frame, and tender spirit; an Ossianist also, and in the
Scandinavian direction, a philologist."    The eldest of eight
brothers—all officers in the army, he served from 1808 to
1832 in the 27th, 29th, and 25th Regiments successively.
Early in 1812 he came to Canada with the forces and distinguished himself conspicuously at Plattsburg and at New
Orleans.   In the Peninsular war, he had received four clasps ;
but misged Waterloo, having only just completed his American campaign.    Three of his uncles were general officers,
and his son, a Major, was decorated for gallant service in the
Red River Expedition (1870);    Before entering upon the
next campaign it may be mentioned that in the action on
Queenston Heights were  engaged the following Scottish
officers: Capts. Duncan, Cameron and Chisholm, of the York
Militia, Crooks and McEwen of the 1st Lincoln, William
Crooks of the 4th Lincoln, R. Hamilton of the 4th Lincoln,
Lieutenant Kerr of the Glengarry Fencibles, and Shaw and
Thomson, attached temporally to the 49th Regiment.
* Toronto of Old, 8 466 TEE SCOT IN BRITISH NORTH AMERICA.
It is still a moot point whether General Sheaffe was justified in according, an armistice to the Americans. The weight
of authority is certainly against him, and it seems quite certain that had Brock survived, he could and would have made
short work of it on the Niagara frontier. There was nothing
to prevent his successor from capturing Fort Niagara, and
sweeping the whole line from Fort Erie to Fort George. It
is true as Coffin generously suggests, that the force was
small;* still it must not be forgotten that an effective demonstration here might possibly have saved much trouble in the
future. The fatal results in the following year, in the western
part of the Province, are directly attributable to the armistice. The American commanders had ample opportunity to
collect their forces, and revive the drooping courage of the
troops already engaged. It is always a blunder for a small
army to give breathing time to a foe it has vanquished. All
depends upon prompt and unremitting vigour under such
circumstances. It is quite probable that the evil genius of
Sir George Prevost was at work here as elsewhere; and it
may be as well not to press too heavily upon General Sheaffe.
The troubles, which ensued in future campaigns, however,
are clearly traceable to the false step into which the General
was betrayed, and they culminated in the capture of the seat
of Government.
Shortly after the battle of Queenston, General Van Rensselaer was superseded. He appears to have been as competent
as most of the political commanders of the time, and his conduct has been ably defended by his nephew and aide-de-
P. 65. 360
THE SCOT IN BRITISH NORTE AMERICA.
camp, against the strictures of General Armstrong, Secretary
of the War Department. His successor, on the Niagara
frontier was General Smyth, who was simply an incompetent
braggart, apparently no less destitute of courage than of military skill. A large force was assembled at Buffalo, and
Smyth was eager for the fray; at all events, he affected to
be so. His proclamation to the men of New York was certainly an advance on Hull's at Amherstburg; that is to say,
if a more inflated and bombastic style may be characterized
as an improvement. He made one attempt which was
repelled by a small detachment of the 49th, and a few companies of militia, and projected another on a more magnificent scale; but after embarking the troops, his valour
appears to have oozed out at his fingers' ends, for a retreat
was ordered, and | the invasion of Canada," he announced,
I had been abandoned for the season." The American forces
were ordered into winter quarters, and so ended the ludicrous fiasco. Even after this display of incompetency, Smyth
had the assurance to summon Colonel Bishop to surrender
Fort Erie. The answer he received was brief and to the point:
I Let your General come and take the fort and the troops."
Meanwhile the American General Dearborn had collected
a force of 13,000 men for the invasion of Montreal. It is
hardly necessary to mention that these gallant troops never
reached their destination. Small raids were made at St.
Regis, where four hundred surprised and captured a picquet,
consisting of twenty-three men, together with a Union Jack
used on holiday occasions by the Indian interpreter. This the
American Major ventured to call "a stand of colours—the' THE SCOT IN BRITISH NORTH AMERICA.
J61
first taken during the war."* Reprisals, however, were soon
taken, for on the 23rd of November, a small force of the
Cornwall and Glengarry Scots with a few regulars, commanded by Lieutenant-Colonel McMillan, attacked the
Salmon River post, and forced it to surrender unconditionally. During the same month occurred the affair of Lacolle
Mills, in which the advance of Dearborn, fourteen hundred
strong, was driven back, and retreated once more to Platts-
burg. They had enough of war for that year, and, like the
redoubtable Smyth, went into winter quarters; so the campaign of 1812 was over. The inequality of the forces engaged,
as compared with the signal failure of the enemy, is noteworthy. Dearborn, according to Armstrong, the Secretary of
War, had 13,000 men ; Sir George Prevost had but 3,000 of
all arms ; of the American left division from Sackett's
Harbour to Prescott, there were 3,000 regulars and 2,000
militia ; opposed to them and scattered along the shore from
Kingston downwards, were about 1,500 men. On the Niagara
frontier there were at least 6,000 men; whilst the British
had 1,700 at Fort George, and 600 scattered over 36 miles.
Finally in the west, Harrison and Winchester had according
to the former's own statement, | eight thousand effective men
to overpower Proctor with 2,200, including Indians."
The campaign of 1813 opened auspiciously at both extremities of the line. In the west, General Winchester had,
by some fatality, been led to advance to Frenchtown, on the
River Raisin, some eighteen miles from Detroit. He had
about 1,100 men with him, while Proctor had only between
* In this skirmish eight men were killed, including Sergeant McGillivray, who seems to
have been a Glengarry man. TEE SCOT IN BRITISE NORTE AMERICA.
six and seven hundred ; Winchester, moreover, could hope
for reinforcements; his opponent was absolutely cut off from
his eastern comrades. Yet, in a brief space of time, the defeat of the enemy was complete. Six hundred, including
the General, surrendered, and nearly four hundred were
either killed or wounded. Proctor's loss was only twenty-
four killed and one hundred and sixty-one wounded.*
On the St. Lawrence,,success was also achieved by Canadian valour. The frontier presented admirable opportunities for raiding, and our people were kept in a state of
continual apprehension and alarm. An American captain
—Forsyth by name, and, it is to be feared, of Scottish descent—had been plundering and harrying at Gananoque and
Elizabeth town (now Brockville), taking back with him cattle,
pigs and poultry, and not these alone, but non-belligerents
as prisoners. Another Macdonell now comes to the front—
the hero of a dashing exploit. This was no less than a retaliatory attack upon Ogdensburgh on the ice. Lieutenant-
Colonel George Macdonell—a relative, it would appear, of
the patriotic priest afterwards Bishop of Regiopolis—was
the hero of the occasion. General Brock had recommended
him for appointment prior to the outbreak of the war, and he
fully justified the good opinion of his gallant and sagacious
chief*}- Sir George Prevost was on his way from Quebec to
Upper Canada, and was, as usual cautious in the matter of
attack. §    He sanctioned the expedition certainly, but gave
* A graphic account of this conflict will be foun 1 in Major Kichardson's War of 1812, p.
76. The author was himself a participant in the fight, and describes the affair with characteristic vivacity.   Among the British wounded were a number of Scotsmen.
t See Tupper's Life of Brock, p. 111.
§It is beside our purpose either to defend or expose Sir George Trevost. It is probable
that at this stage of the war he was fettered by instructions, for in a letter to Brock (dated TEE SCOT IN BRITISE NORTE AMERICA. 363
Macdonell to understand that it must not be a real assault,
but only a reconnoissance to feel the enemy, not to fight
him. As Colonel Coffin observes,* | like the free lance of
former days, he was given to fighting on his own inspiration " only, and was not inclined to obey Sir George Pre-
vost's timid orders. Sprung of the stock of old Glengarry,
and, at the head of his Fencibles, he felt himself more than
■a match for the garrison of Ogdensburgh. Besides that, he
had, against his will, been deterred from accepting a challenge to fight on the ice. No sooner, however, was Prevost
on his way to Kingston than he went to work like a
i>rave Scot who "meant business." " GeOrge the Red,"
as he was termed, gathered his forces behind the earthworks at Prescott, and prepared for his winter attack on
•Ogdensburgh across the ice of the frozen St. Lawrence. It
was not for them to hesitate, since the season for action had
come. They needed no martial address or inflated proclamation. The Highland'blood was up, and had been heated to
the extreme of fighting ardour by marauding raids on
the border. On the 23rd of February, 1813, Macdonell advanced upon the ice with only 480 men, two-thirds of whom
were Glengarry Highlanders. Obeying so far the command
of Prevost, the Colonel, for some time, played with the
enemy. The American Forsyth was at his breakfast, and
affected to ridicule the demonstration. The snow lay deep
on the ice, and the advance of the little corps Was tedious
July 10th, 1812), he directs him to remain on the defensive for fear of uniting the American
people.—Ibid., p. 379. Prevost's Sackett's Harbour and Plattsburgh expeditions were
notable failures, not to say disgraceful ones. A strong case is made, with great acerhity
against Prevost in the Letters of Veritas .and replied to in Auchinleck's History of theWar.
* 1812 ; The War and its Moral, p. 90.
!   I 364
TEE SCOT IN BR1TISE NORTE AMERICA.
and difficult. The enemy was not long in discovering that
there was no child's jalay or mere " British fun " in the business. Macdonell had divided his small force into two>
columns, and at the first serious onset the Americans fled to>
their works. The first battery was carried by the Colonel
at the point of the bayonet; Eustace forced his way into the
main fort; Jenkins had some difficulty in securing his footing against a seven-gun battery, covered by two hundred
infantry. The muskets and the guns kept up a continuous-
fire, and Jenkins fell, wounded by a grape-shot, which tore
his side to pieces. Nothing daunted, Lieutenant Macaulay,.
who succeeded to the command of the company, carried the
day. The gallant little band—worthy sons of the Gaelic-
clans, had nobly vindicated their claim to ancestral valour.
Ogdensburgh was theirs, and an end was put to frontier raids,
from the other side. Macdonell distinguished himself, not
less^by his intrepid dash on the field, than by his courtesy
to prisoners and his determined opposition to plunder. He
placed a sentry at every door in Ogdensburgh, and strictly
forbade anything in the shape of reprisals. In his despatch
to Sir George Prevost, mention is made of the followino-
officers (Scots) who distinguished themselves : Lieut. Macaulay, Ensign Macdonell, Ensign McKay and Ensign Kerr;
and also the support given by Col. Fraser and the Newfoundland contingent* A Scottish volunteer, then unknown to
fame, took part in the affair at Ogdensburgh. The Hon. William Morris—for he was afterwards a member of the Legisla-
tive Council and of the Cabinet—was born at Paisley on the
* Auchinleck, p, 131; Coffin, pp. 95-6; Christie, ii. p. 71.' THE SCOT IN BRITISH NORTE AMERICA
365
last day of October, 1786. He came out with his parents in
1801, and in 1804 was assisting his father in business in
Montreal. Business reverses overtook the latter, and he retired to a farm near Brockville. When the war broke out,
young Morris received a commission as ensign in the militia
from General Brock. In October, 1812, he volunteered, with
Col. Lethbridge, for the first attack on Ogdensburgh; and
in 1813 he was active in the successful assault under Col.
Macdonell, just described. He was highly esteemed for
bravery by his comrades, and continued to serve until 1814,
when the arrival of troops from England, and the absence of
any further danger in Eastern Canada, induced him to retire. In 1820, his political career began as member for Lanark; but that portion of his biography belongs to another
chapter. During the Rebellion of 1837, he was senior Colonel of the Lanark Militia, which he was active in drilling.
He died at Montreal in June, 1858. The Hon. Alex. Morris,
late Lieut.-Governor of Manitoba, and now M.P.P. for East
Toronto, was his eldest son, and ex-Alderman J. H. Morris,,
of the same city, his nephew.*
Gen. Proctor's operations on the Miami do not call for detailed notice. This expedition had simply, for its purpose,,
the disturbance of the enemy in their task of erecting works
at Fort Meigs, and his force was less than a thousand. Nevertheless, he inflicted a severe blow on Harrison's army,,
and retired, not because he feared defeat, but from the fact
that large numbers of the militia and Indians had left for
their homes and wigwams. In his despatch from Sandwich, he
* Morgan, p. 429. ••366
TEE SCOT IN BRITISH NORTH AMERICA.
mentions especially Capt. Muir, Capt. Chambers, Lieut. McLean, Lieut. Gardiner and Volunteer Laing. The unaccountable inaction of Sir George Prevost had enabled the Americans to equip a considerable flotilla at Sackett's Harbour,
and the results were soon apparent. Two thousand embarked under General Dearborn, the vessels being under the
command of Commodore Chauncey. After a valorous defence, York, now Toronto, the seat of Government, was
taken; but an explosion in the magazine caused a serious loss
•of life. The Canadian force was in the neighbourhood of
seven hundred, and they were compelled to give way to
superior force, three hundred of them being made prisoners
•of war. The American loss was three hundred and seventy-
eight; and of these, thirty-eight (including General Pike)
were killed, and two hundred and twenty-two wounded by
the blowing up of the magazine. Some of the Glengarry
men were present on this occasion, but in small numbers.
The officers killed were, Capt. McNeal, of the 8th (King's),
and Volunteer Donald McLean, Clerk of the House of Assembly. The latter was killed " while bravely opposing the
landing of the Americans." The strong box of the Receiver-
General had been removed to his house for safe keeping.
After his death, it was broken open by the captors, and a
thousand silver dollars stolen.* There was no disgrace in a
defeat of this character, since the contest was maintained
with obstinate courage for eight hours.*}*   Among the officers
* Scadding, Toronto of Old, p. 484. Col. (afterwards General) Winfield Scott, although
paroled at Queenston, where he was taken prisoner, fought both at York and Niagara.—
James' Military HUtory, i. p. 236.
t Gen. Sheaffe in his despatch, says, " He lod about six hundred, including militia and
■dockyard men.   The quality of these troops was of so superior a description that under less THE SCOT IN BRITISH NORTH AMERICA.
dOf
who were compelled to surrender, there are a number who
were probably Scots ; some of them certainly so—Major Allan, of 3rd York Militia, Capts. Duncan Cameron and John
Burn, and Ensign Donald McArthur. The number of prisoners was not large; but there appears a worse feature in the
case. The naval stores were at York ; the ships, in an advanced state of construction, fell into the hands of the
enemy; and much of the public property was either carried
off or destroyed. It is difficult to acquit both Sir George
Prevost and General Sheaffe of wanton neglect of duty.
Here, at the capital, within a few hours' sail of the frontier,
were not only the public treasury and records, but also the
only means at hand of recovering naval supremacy on the
lake. All the disasters which befell the Province are distinctly traceable to the culpable inactivity of those properly
responsible for the defence of the Province. It was they
who left the capital open to the invader; and the brave men
of York were sacrificed in vain.*
Commodore Chauncey sailed away for the Niagara River,
where he expected, on good grounds, another temporary
triumph. He had abandoned the original project of an attack on Kingston, as being too hazardous. The Americans
had been reinforced from Sackett's Harbour, and had now
six thousand men, according to Armstrong, the Secretary of
War; the British force, on the other hand, says James,
" amounted to less than a thousand rank and file."    The re-
unfavourable circumstances, I should have felt confident of success, in spite of the disparity
of numbers."
* " Young Allan McNab, a lad of 14 years, whose name has ever since been identified
with Canadian story, stood side by side with a veteran father, shattered with wounds, sire
and son eager for the fray."— Coffin, p. 100. 368
THE SCOT IN BRITISH NORTH AMERICA.
suit was inevitable, since the garrison was short of powder.
Assailed from Fort Niagara, from the fleet, and by the
troops which had landed at Four-mile Creek, General Vincent, after attempting to resist, was compelled to retreat,
blowing up the magazines and destroying the stores. The
out-lying posts atFortErie and Chippewa were ordered to join
their comrades by way of Lundy's Lane, at the Beaver-dam *
Considering that fifty-one broadside guns on the American
fleet had been fired almost without reply, the Canadian loss
was not so great as might have been expected. At Beaver-
dam, with the other detachments, Vincent found himself in
command of 1,600 men, and it was deemed necessary to retreat to Burlington Heights. This could not have been effected
but for the American General Dearborn's blunder. Had he
landed his troops between Queenston and Fort George he
might have completely invested the latter, and the whole
garrison would have been forced to surrender. Dearborn >
however, | who seems never to have been in a hurry," so far
delayed the pursuit that no movement along the shore was
made until Vincent was in a position to entrench himself on
the Heights. In fact, throughout the war, there seems to
have been a fatuousness, an incapacity, or a want of dash
and courage amongst the American commanders almost'inexplicable. Numerically their forces were almost invariably
superior; and yet their success was utterly out of proportion
to their strength. They had now gained a footing on British
soil, and yet failed to make good their advantage. As many
* Here for the first time we meet the name of Captain Barclay, fi.N., of whom more hereafter. The bearer of Vincent's despatch was Mr. Mathieson, a volunteer on the 27th, to whose
conduct the General bears strong testimony. THE SCOT IN BRITISH NORTH AMERICA.
369
as 3,500 of them advanced from Forty-mile Creek along the
lake shore to attack Vincent. At Stoney Creek, after a march
of seven miles they halted for the night. At about midnight
704 British soldiers attacked them, under the veil of darkness, and completely routed them. The Generals, Chandler
and Winder, with about 100 officers and men, were taken
prisoners, and the rest of the enemy retreated, after having
precipitately destroyed their baggage. The conflict appears
to have been a desperate one, and the loss on our side was
very heavy. On their return to Forty-mile Creek, the
Americans were reinforced by an accession of 2,000 fr.esh
troops to their ranks; but the army was thoroughly demoralized, and there was little difficulty in locking them up
at Fort George. The affair at the Beaver-dam was a salient
instance of American weakness. This was the notable occasion on which Mrs. Secord distinguished herself by marching
through the woods, in peril by savages, to warn the officer
of a small force of his danger. Here 570 men,* under
Colonel Boerstler, surrendered to Lieutenant Fitzgibbon and
thirty men! It is unnecessary to dwell upon the successful
raids by Colonel Thomas Clarke,*J* of the 2nd Lincoln Militia,
or Bishop's gallant achievement at Black Rock. By degrees
the Americans were cooped up in Fort George, where, as occasion  offered,  they  engaged in  forays upon  farm-yards
, Coffin (p. 147) states the American detachment at 673. Speaking of Mrs. Secord's
achievement, he says, "Such was the man (Fitzgibbon) to whom, on the night of the 25th
June, there came a warning inspired by woman's wit, and conveyed with more than female
energy." Of Mrs. Secord's nationality we know nothing; but she ought to have been a
countrywoman of Flora Macdonald.
+ " Clarke, a Scotchman by birth, was an Indian trader, and forwarder of goods to the
western hunting-grounds, a member of the firm of Street & Clarke."—Coffin, p. 159. 370
TEE SCOT IN BRITISE NORTE AMERICA.
in the neighbourhood. One officer, McClure, made himself
conspicuous in this way, and was forcibly driven into the
fort by Colonel Murray, with a small force.
The attack on Sackett's Harbour was one of the most discreditable episodes of the war. On the 28th of May, Sir
John Yeo, the commodore, with Sir George Prevost as commander, started out with a view of destroying the enemy's,
stores and dockyard at that place. The first assault was-
eminently successful; but somebody blundered. The blame
is usually laid upon Sir Goorge Prevost, and, from what occurred at Plattsburg subsequently, not without cause one
would think. The enemy were thoroughly frightened, and,,
so far from making a defence, or being capable of doing so,,
fired their buildings and burned a frigate on the stocks*
not long after the British forces had been ordered, much to
their indignation, to return to the boats. In fact, it was an
anticipation of Bull's Run, half a century later. Of the Scots,,
those who were eager for the fray were Adjutant-General
Baynes, Colonel of the Glengarry Light Infantry, Colonel
Young, of the 8th ; Major Drummond, and Major Mudie, of
the 104th; Captain McPherson, of the Glengarrys, and Grey,,
of the 8th* The American position at Fort George was-
growing more critical day by day. Yeo had menaced McClure from the lake side, and the gallant American, finding-
his position untenable, was guilty of a nefarious act. He
might have destroyed the fort, which he was perfectly justified in doing, but he pillaged and burnt the town of Newark
(Niagara).   Colonel Murray made a clash at Fort George, and
* James: Military History, i. 413. TEE SCOT IN BRITISE NORTH AMERICA.
McClure, without attempting to show fight even with his superior force, fled across the river* Colonel (afterwards Major-
General) John Murray subsequently, followed him over the-
stream and captured Fort Niagara by assault at the point of
the bayonet.    Of the force at the storming of this important-
post there were sixty Indians—one chief, Norton, who volunteered, was, according to James, a Scot. The Scots Greys, or
at least the Grenadier company of that regiment, bore the
brunt of the assault.    The enterprise was a gallant one, and,,
for the first time, placed the British forces on American soil-
John Murray, though of a Scottish family, was born in
Jamaica,  where his father resided at St.   James's.     The
future General entered the army, in the ordinary course,,
as an ensign of the  37th Regiment, in 1792, and distin-
guished himself in the Netherlands ; was wounded early at
Ostend, and taken prisoner.    He subsequently served in the
4th and 39th.    When the 100th Regiment was raised he received the appointment of Lieutenant-Colonel, and was sent
to Canada, where he was at once nominated mspecting Field
Officer of the Militia, and in that capacity commanded the
advance corps in theNiagara district, to keep-in check a much
superior force. His occupation of Fort Niagara was a brilliant
exploit, according to  the General Orders, and " reflected
the hio-hest honour upon Colonel Murray and the small detachment under his command." After the peace he returned
to England in broken health, and sought relief in Southern.
France ; there he lost his wife, and not long after died at
Brighton, leaving an only daughter.f   Had General Murray
James, ii. p. 6.
Morgan, p. 189. 372 THE SCOT IN BRITISH NORTH AMERICA.
been so fortunate as to have had a wider field for the display of his courage and ability, there can be little doubt that
he would have risen to a very high position in the army.
Passing further to the west, we find Gen. Proctor with
some nine hundred men, and twelve hundred Indians, assailing Gen. Harrison on the Miami, at Fort Meigs. Batteries
were constructed, and Gen. Clay was detailed to assault
them with thirteen hundred men, he having arrived to reinforce Harrison. His movements were quick, and he had
nearly succeeded, when the reserve troop under Capt. Muir,
of the 41st, already famous in frontier warfare, aided by the
brave and intrepid Capt. Chambers, charged boldly and
changed the fortunes of the day. " This will not do," said
Chambers, " we must charge them." Emerging from the
wood, his little band of two hundred " rushed upon the right
of the enemy's column." The enemy paused, wavered, and
gave way, and the whole line was panic-stricken. Before
they could reach their boats, six hundred and fifty were
killed by the ftidians. Amongst the other Scots who distinguished themselves in this affair, were the gallant Lieut
Gordon, who, unhappily, was killed, fighting foremost in the
fray, Capt. Muir, and Lieut. Mclntyre, who were both
wounded.
"Unfortunately the serious reverses of the war now occurred. The first being the total defeat of the English flotilla,
by Perry, on Lake Erie. Commander Barclay, R. N., who
had already distinguished himself during the war, found himself in a position of great difficulty. The American force was
greatly superior, as usual, and much better equipped.    The THE SCOT IN BRITISH NORTH AMERICA.
British commander was so short of men that he was compelled to obtain the assistance of a detachment of the 41st,
since only fifty seamen had arrived to equip five vessels. The
Americans had nine ships of a better class, and they were
well manned. The disparity between the forces will be better
-understood in figures. The enemy had 580 men, the British
S85; and the weight of metal was 928 lbs. against 459.* The
force arrayed against Barclay was, therefore, almost doubly
superior—fully so if the equipment of the fleets is taken into
the reckoning. Nevertheless, a hard and bloody struggle was
maintained, and Barclay's flag-ship emerged from the conflict a perfect wreck. Notwithstanding the notorious facts,
Congress passed a resolution of thanks to Captain Oliver
Hazard Perry for " the decisive and glorious victorv gained
on Lake Erie, on the 10th September, in the year 1813, over
<i British squadron of superior force." It is to Commodore
Perry's credit, that his despatch makes no such allegation.
In addition to his own superiority in men and metal, he had
also the additional advantage of a favourable breeze—a matter of no slight importance in those sailing days. Captain R
H. Barclay was a Scot, and had lost an arm at Trafalgar.
From the time he landed in Canada, he displayed the greatest
energy and intrepidity. His difficulties were almost insurmountable ; yet he struggled bravely against them, and his
defeat, although unfortunate in more respects than one, was
inevitable. After the three hours' engagement on Lake Erie,
he "declined to surrender, until he and all his officers were
either killed or wounded, and more than a third of the crew
* Auchinleck, p.  211; Christie, ii., p. 106;  Thompson, p. 203; Coffin, p. 215 : Major
Richardson, p. Ill; Mcilullen, p, 285; and James' Naval History, in loco.
D 374 TEE SCOT IN BRITISE NORTE AMERICA.
had shared the same fate. According to usage, he was tried
by court-martial, and honourably acquitted. The gallant officer died at Edinburgh in 1837, and one can only regret that
he had no opportunity, in those piping times of peace, for a
display of his valour.
Then followed the crowning reverse of the war. The defeat of Barclay, and the destruction of the fleet, had cut off'
all hope of supplies or reinforcements for the army of
the west. A number of boats had been collected by the
enemy at Forts Sandusky and Meigs, to carry over a large
force of invaders. Thus in straits, Proctor had no choice for
it, but to retreat, so as to keep up his fines of communication with the centre division. He proposed to retire at once
on Niagara; but was stoutly remonstrated with by the great
Indian warrior, Tecumseth. It was finally decided to evacuate Detroit and Amherstburg, and to retire on Moravian-
town, nearly half-way between the latter position and th&.
central out-posts, and there resist the enemy. The result
was fatal to the success of Proctor, and lost to us the services of Tecumseth. The British force consisted of 830 men,,
beside about 500 Indians; whilst the Americans had no less-
than 5,000. Nor does this represent the figures with accuracy, for previous to the battle, of the 830 or 840 menr
1174 had been captured in the batteau, and nearly 170
were either in the hospital or on duty guarding the baggage."* Thus there were, in fact, only four hundred and
seventy-six white men in the field. Only a portion of the
American army was engaged; still there were twelve hundred cavalry, nineteen hundred and fifty infantry, and about
* Auchinleck, p, 218.
*iL THE SCOT IN BRITISE NORTE AMERICA. 375
one hundred and fifty Indians, exclusive of officers; so that
Proctor was outnumbered sevenfold. He chose his position
judiciously, and the struggle was maintained with desperate
valour; but the odds were too great against us, and the result might have been expected—defeat and disaster * Affairs never looked so gloomy as in the autumn of 1813. The
Americans commanded the two lower lakes ; York was
sacked a second time; Wilkinson had a large force on the ,
Niagara frontier; Harrison could do as he pleased in the
west, and Hampton, at Plattsburg, was approaching Montreal
with 10,000 men, exclusive of 10,000 militia. But the tide
was about to turn definitively. Hampton had been ordered
to threaten the commercial metropolis of Lower Canada.
The troops there were but few, and the defence of the Province was left to the gallant people, French and British,
whose country was invaded. There was no hesitation for a
moment, notwithstanding the imposing force arrayed against
them. General Hampton crossed the frontier with 7,000
infantry, a squadron of cavalry, and ten field-pieces. Wilkinson, according to the plan, ought, at the same time, to have
descended the St. Lawrence; but he was delayed, as American Generals were apt to be, until November, when his 10,000
\ w
l mi
* It is not necessary to enter into the controversy as to who was in fault. Sir George Prevost tried to throw the blame upon the 4ist Reginent, and others have blamed Proctor, but
the reputation of both thev corps and the General was beyond dispute. Major Richardson, who was taken prisoner at Moraviantown, inveighs bitterly against Prevost—"A commander whose imbecility and want of resolution on more than one occasion (reflecting the
deepest disgrace on the British arms), had, doubtless, been ordained as a fitting punishment for his arrogant censure of a corps, whose general excellence he was incompetent to appreciate, and whose only positive crime was that of its weakness, its physical disorganization
and its utter destitution."— distory, p. 126. The weight of odium, however, fell upon Proctor, and he was severely censured by the Prince Kegent. Major Richardson, it will be remarked, in passing, belonged to the 92nd Highlanders subsequently, and served with the
British legion in Spain in 1835, under Sir De Lacy Evans. 376 TEE SCOT IN BRITISE NORTE AMERICA.
men embarked to meet the fate of his coadjutor at Chrysler's
Farm.
The force under Gen. Hampton's immediate command has
been variously estimated: but it is quite certain that it was
overwhelmingly superior to that opposed to him. After
some preliminary skirmishing, in which Hampton gave way,
the forces went into action at the famous battle of Chateau-
guay. The chief merit of this redoubtable victory unquestionably belongs to Charles Michel deSalaberry, Seigneur of Cham-
bly. He was not a novice in arms, since he and three brothers
had served in the British army. Two died under Indian
skies, another perished at Badajoz; and our brave Canadian
defender had fought in the fourth battalion of the 60th, at
Martinique and Walcheren,* He had already been busy,
at Lacolle, and was ready now with his Voltigeurs to meet
the force marching against him. The American advance
had been repeatedly driven in by the Canadian militia, and
now came the decisive struggle. It is impossible to read
the story of Chateauguay without wondering of what sort of
stuff the American army was made up. So early as July,
Colonel Murray had worked havoc at the Isle-aux-Noix, in
Hampton's immediate neighbourhood, and now the main
force was to suffer ignominious defeat. It was on the 21st
of October, that Hampton's advance drove in the British
outposts; one brigade, however, which was intended to reach
the rear, got bewildered in the woods, and did not reach the
field until the battle had been lost. De Salaberry had chosen
* Somewhat tardily, yet not too late, our French compatriots are erecting a memorial to
the brave old warrior. It would be well that English-speaking men of to-day should contribute to this worthy purpose. De Salaberry makes a grand figure at the turning point of
the war, and deserves such posthumous honour as may be given him in sculptured stone. TEE SCOT IN BRITISE NORTE AMERICA.
an admirable position for defensive purposes; since the
ground was rough and scored by deep ravines. There he
made a triple line of defence by abattis formed of felled trees
and brushwood, with a space of two hundred yards between
each two. The first line was in the form of an obtuse angle,
following the tortuous bendings of the ravine. Still a fresh
work was constructed, running across so as to defend the
ford. On the right of the river lay a thick wood, which
afforded shelter for a picquet I the bridges were destroyed,
and the trees felled across the path to obstruct the enemy's
cavalry and artillery. At length Hampton appeared with
seven thousand men to discomfit about three hundred Volti-
geurs, a band of Glengarries under Lieut-Col. Macdonell,
and a few Indians. De Salaberry had now recourse to a
ruse de guerre, of a novel kind. His buglers were dispersed
and stationed at wide intervals, so that when they sounded
the advance, the enemy imagined the opposing force was at
least considerable. Macdonell occupied the post of honour,
and met the first brush of the assault. Hampton finding he
could make no impression upon the gallant Canadian militia,
and not relishing a trial with the bayonet withdrew his
forces at three in the afternoon, after a fight which lasted
four hours.* The Highlanders played a most conspicuous
though subordinate part in this engagement, and were exceedingly active in harassing Hampton's retreat. The phief
merit of this great military achievement belongs to Colonel
de Salaberry ;*f* but the Glengarry Scots were as active and
gallant as their French comrades.    Lieutenant-Colonel Mac-
* Garneau, Book 14, chap. ii.   McMullen, p. 290, &c.
t See Fennings Taylor's Sketch of De Salaberry in Portraits of BritisKAmericans, p. 247;
Morgan, p. 197;  and Lemoine's Maple Leavts, 2nd series, p. 146. QI7Q
OiO
THE SCOT IN BRITISH NORTH AMERICA.
donell, "the same who had taken Ogdensburg," was in charge
of the second line of defence, and exhibited all his characteristic dash and bravery. He crossed the ford with his
force, and drove the Americans off at the first onset, with an
impetuosity peculiarly Celtic*
An interesting account is given in Colonel Coffin's His-
ory (p. 262), of the way in which Macdonell came to be at
Chateauguay; and it is worth repeating in a condensed
form. The frontier was menaced by both Hampton and
Wilkinson, and everything depended on defeating the one
before encountering the other. Macdonell was at this time
drilling the Canadian Fencibles, and was asked by Prevost when the corps would be ready to set out against
Hampton. § As soon as they have finished their dinner,"
was the Highlander's prompt reply. He had now to find
boats, Indians and pilots, "with which to descend the rapids;
but no difficulties could daunt a Macdonell. In a few hours
his brave 600 were under way, reached the Beauharnois
shore, and, threading the forest at dead of night in Indian
file, arrived at the place of action. Sir George Prevost, who
•had reached the spot before, inquired next morning surpris-
edly, "and where are your men?" "There sir," replied
Macdonell, pointing to 600 exhausted soldiers sleeping on
the ground—" not one was absent." They had travelled
170 miles by water and 20 by land in 60 hours of actual
travel!   Col. Coffin compares this feat with the marvellous
* " Here the bugles Indicated the advance, and Col. Macdonell, eager to add to the laurels
he had won at Ogdensburg, moved rapidly in the direction of the fire with two companies
from the first-second line of retrenchments under Captain Levesque. The Beauharnois
militia, defending the ford, had been attacked by Purdy in superior force, and had been
compelled to retire. Macdonell ordered Captain Daly, with his Company of the 5th Incorporated, to cross the ford to their support."—Coffin, p. 256. THE SCOT IN BRITISH NORTH AMERICA.
379
-march of the British Light Division before Talavera, as
•described by Sir W. Napier*
When his superior officer went in pursuit, Macdonell
■was placed in command of the abattis, as there seemed every
probability that the attack might be renewed ; but in spite
of his superior numbers, Hampton deemed discretion the
better part of valour, and never halted until he reached
Plattsburg. Another Scot who particularly distinguished
himself at Chateauguay was Captain Fergusson, of the Canadian Fencibles, posted on De Salaberry's right. He' took
part in the first fire, having three companies under his command, and his intrepid conduct is specially mentioned by
the historians.
It has been already stated that General Wilkinson was to
•have joined Hampton for a combined attack on Montreal. It
was not altogether his fault that the junction was not
effected. There were difficulties in his way, chiefly arising
irom tempestuous weather, and it was not until early in November that he and his 10,000 men got under way from
-Grenadier Island. In passing Prescott, his boats suffered
•considerably from a heavy cannonade; and, close in his wake,
came Colonel J. W. Morrison, fronvKingston, with about eight
hundred regulars and militia. Being somewhat annoyed by
the enemy hovering upon his rear, Wilkinson sent General
Boyd ashore at Williamsburg with 3,500 infantry and a regiment of caValry to exterminate Morrison's force.    On the
* The Macdonells distinguished themselves on behalf of king and country in the revolted
-colonies, as well as in 1812. In the King's Royal Regiment of New York, under Sir James
.Johnson, no less than five Macdonells—Angus, John, Archibald, Alexander, and Allan—
were Captains; In fact, there was only one other Captain not Scottish—Patrick Daly; Mun-
ro and Anderson making up the list. In the same corps Hugh Macdonell was lieutenant,
.and Miles Macdonell, ensign.   Indeed, most of the officers of this regiment were Scots. 380
THE SCOT IN BRITISH NORTH AMERICA.
afternoon of the 12th of November, Boyd found the Canadian force drawn up in an excellent position, with the river
on the right and the woods on the left. The enemy at-
tempted, by repeated charges with their cavalry, to turn the*
British flank; but in vain. Colonel Morrison had prepared
for this strategem by arranging the men belonging to the
49th and 89th in echelon. The American infantry were
then ordered to the charge, but succeeded no better than the-
horse. Finally, after frequent sallies, Colonel Morrison
formed his troops in close column, and drove the enemy to
their boats in disorder. The British lost one hundred and
sixty-eight killed and wounded; the Americans three hundred and thirty-nine killed, wounded and missing. Thus.
ended the Battle at Chrysler's Farm, and with it American
efforts in Eastern Canada.
There are not sufficient data at hand to decide upon the-
national origin of the chief actor in this gallant action: yet
it seems fair to conclude that he was of Scottish parentage,,
since he joined a Highland regiment, the 89th. Joseph Wanton Morrison was himself born in New York, but his father-
was Deputy Commissary-General in America, and to all appearance a Scot. The Colonel served in more regiments than,
one—he was in the 83rd, the 84th, the 89th, the 17th and
44th; and was engaged in Holland, the Mediterranean, West
Indies, Nova Scotia and Canada. For his distinguished exploit at Chrysler's Farm he received a medal, a vote of thanks.
from the Lower Canada Assembly, and a sword from the-
merchants of Liverpool. In 1814 he was severely wounded,
at Lundy's Lane, and it was not until 1821 that he was.
taken off the half-pay list and sent to India as Lieutenant- TEE SCOT IN BRITISE NORTH AMERICA.
Colonel of the 44th. He was engaged at Arracan and elsewhere, but succumbed to the climate, and died at sea on his
way to England in February, 1826. He was a gallant officer in the highest sense, and if he were not the son of a
Scot, it is certain that he ought to have been.
On the 17th of November, the Sedentary Militia of Montreal, in which Colonels Peter McGill and McKenzie held commands, were disbanded, all immediate danger being at an end
in the East. Early in 1814, the Americans broke up their
camp on the Salmon, Wilkinson falling back on Plattsburg,.
whilst Brown repaired to Sackett's Harbour. The former
made a show of renewing the attack, but was repulsed at
the first onset, and retreated once more across the border.
In 1814, the sky began to clea/r, and victory once more-
crowned our arms. Towards the close of the year, Sir Gordon Drummond assumed command, and the aspect of affairs
was rapidly altered for the better. Gordon Drummond belonged to a Perthshire family, whose seat was at Megginch.
His father, when Gordon was born, in 1771, was paymaster-
General of the forces at Quebec. The son entered the army
as ensign, in the 1st (Royals), in 1789. In 1794 he had already risen to the rank of Lieutenant-Colonel, and received
the command of the 8th, or King's, Regiment. He served
with great distinction in Holland, especially at the siege of
Nimeguen, in 1795. In 1800 he was at Minorca, and accom-
panied Sir Ralph Abercrombie to Egypt, taking part in
all the engagements, including that in which his chief fell,.
until the surrender of Cairo and Alexandria. Returning he-
proceeded to Gibraltar, where he formed a friendship with,
her Majesty's father, the Duke of Kent, which lasted during 382
THE SCOT IN BRITISE NORTH AMERICA.
the life of his Royal Highness. An expedition to the West
Indies had been contemplated, and Major-General Drummond
was named as second in command; but, for some reason or
ether, the plan was abandoned, and Drummond served first
for a short time in Canada and then in Ireland. In August,
1813, he was despatched to Canada, as second in command
under Sir George Prevost, and arrived at Quebec in November. The gallant General lost no time in settling down to
liis active duties. In December, he stormed Fort Niagara,
and captured a vast amount of stores, naval and military.
The attack on Black Rock was planned by Drummond, and
successfully executed with a small force by Sir P. Riall, who
had been an officer of the 92nd Highlanders; but his nationality is not recorded in the authorities.
Operations began rather late in 1814 ; but, early in May,
the military force under Lieutenant-General Drummond, and
the fleet under Sir James Yeo, attacked Oswego. A sixty-
four gun ship had just been completed, and with the stores,
•&C, accumulated there made the place a tempting prize, if
it could be successfully assaulted. The Americans occupied
.a strong position on the hill-crest, and the odds were against
the assailants ; yet in half an hour from the landing everything was in Drummond's hands. The ship was burned,
with barracks, store-houses, and all beside. In this expedition, amongst other names, the General mentions especially
Lieutenant-Colonel Malcolm, and Lieutenant Laurie, of the
Royal Marines, and Captain McMillan who commanded the
light company of the ubiquitous Glengarries.*   Another in-
I It was in this engagement that the Rev. James Richardson, Bishop of the Methodist
Episcopal Church, then a lake captain and volunteer under Sir James Yeo, lost his arm.
iliL THE SCOT IN BRITISH NORTH AMERICA.
383
teresting episode of the year was the successful defence of
Michilimackinac by Colonel McDouall, and the 'capture of
Prairie du Chien by Lieutenant-Colonel McKay.* In the
latter exploit, Captain Anderson was a prominent actor.
When it is considered that this distant post on the Mississippi was four hundred and fifty miles from McKay's base of
operations, the nature of the feat may be understood.
Sir George Prevost had at last made up his mind to assume
the offensive. Reinforcements from England had arrived,
and there was no longer any excuse for timidity or half-
measures in the prosecution of the war. Drummond was
still in want of men, and the enemy were making active
preparations for another invasion of Canadian soil. General
Brown had been engaged in marshalling his forces during the
previous three months; and on the 2nd of July issued a
General Order, strikingly modest in its terms, announcing
the fifth invasion of Canada.*f* Next morning, the two
American divisions crossed the river, and invested Fort
Erie, which was "in a defenceless condition," as General
Wilkinson admitted. Its surrender was, therefore, inevitable. General Riall, on hearing that the enemy had landed,
despatched five companies of the Royal Scots under Colonel
* Lieut.-Colonel McDouall, the hero of this gallant exploit, was afterwards the Major-
General already alluded to. His voyage from Nottawasaga harbour (Collingwood) In the
Georgian Bay to Michilimackinac occupied no less than twenty-five days, nineteen of which
were passed in continual battling with the elements. James : Military History, in p. 186.
The Americans had previously pillaged and burned St. Mary's (Sault Ste. Marie) under General Holmes. "The brutal Holmes," says Veritas(Letters, p. 101), "was killed in the attack on Michilimackinac." His " brutality " consisted in wantonly burning a horse to
death, and in destroying every edible which he could not carry away.
t It may be mentioned that some slight sklrmlshinghad taken place, earlier In the year,
on the Thames, in which the light companies of the Royal Scots, and the 89th with Captain
Grigor's Kent Militia, took part—the force which was a small one, under Stewart of the Scots,
effected little against a superior force. 584
TEE SCOT IN BRITISH NORTE AMERICA.
Gordon to reinforce the garrison; but the surrender had
taken place before their arrival. Other troops were also
hurried to the scene, and a brisk action took place, in which
the small force was badly cut up, Lieutenant-Colonel Gordon
and the Marquis of Tweeddale of the 100th being wounded,
as were most of the other officers. On this occasion another
Scot, Major Macconochie, distinguished himself at the head
of the artillery. In the engagement known as the battle
of Chippawa, about five hundred fell on both sides ; but
notwithstanding the reverse suffered on our side not a prisoner, except the wounded, fell into the hands of the enemy.
The Americans had at least six thousand engaged, in addition to their subsequent reinforcement, whilst Riallhad only
fifteen hundred, exclusive of some'Lincoln Militia and a few
Indians, amounting together to about three hundred.* The
immediate result was a retreat to Niagara, and Brown, the
American General, rested quietly at Chippawa for a fortnight.
Meanwhile reinforcements had come in to Riall's assistance ; and yet the odds were against him; but he once more
advanced towards the Falls, bent upon an engagement.
General Drummond reached Niagara from York towards
the end of July with eight hundred men collected from
the various garrisons, and marched to the assistance of RialL
When approaching the summit of the height at Lundy's
Lane, he found Riall in retreat once more. Promptly countermanding the order to retire, he formed the troops in
order of battle at the rising ground near the end of Lundy's
* See Riall's despatch to Sir Gordon Drummond, quoted at length in Auchinleck, p. 3Ht THE SCOT IN BRITISH NORTH AMERICA.
385
Lane, on the road from Queenston to Chippawa. Brown
who had been in full retreat until thus interrupted, was
engaged in occupying the position; but, although of superior
strength, was dislodged in about ten minutes at the point of
the bayonet. General Drummond now disposed his forces
in fighting form, and thus began the most obstinately contested battle of the war. The combat appears to have been
somewhat confused, and for a time the enemy succeeded in
gaining possession of the road, and partially turning the
British left. The action commenced at six in the evening
and lasted until nine without intermission. After a pause
another attack was made by the Americans which continued
until midnight; then, finding all his efforts vain, Brown retreated to Chippawa, and thence, on the following day, to
Fort Erie.* The American force engaged amounted to about
5,000 men, whilst, as Drummond states, he had only 1,600
until reinforced by Colonel Scott and the 103rd, when they
amounted to not more than 2,800 of every description. Of
the troops in this action, the chief corps were the head-quarters division of the Royal Scots, under Lieutenant Gordon
and Lieutenant Fraser; divisions of the 8th under Colonel
Campbell, of the 103rd under Colonel Scott, flank companies
of the 104th, some Glengarries under Colonel Battersby, and
a body of militia under Colonel Hamilton, The artillery
were in charge of Captains Mackonochie and McLachlan; and
* "' He (Brown) retreated with great precipitation to his campwyond Chippawa. On the
following day he abandoned his camp, threw the greater part of his baggage, camp equipage,
and provisions into the Rapids, and having set fire to Street's mills and destroyed the bridge
at Chippawa, continued his retreat in great disorder to Fort Erie." Sir G. Drummond's
Despatch to Sir George Prevost, July 27th, 1814. The mills were at Brldgewater, hence not
inappropriately the American name of the battle. 386
TEE SCOT IN BRITISE NORTE AMERICA.
Major Maule was Quarter-Master-General. It will thus be
seen that in this last and severest battle of the war, the
" auld fire " of the Scots was still I aye the foremost.". The
loss of the enemy is stated by Drummond at 1,500 ; his own
was 878 *
General Drummond then proceeded in pursuit and invested
Fort Erie.. Here a misfortune occurred which entirely defeated the General's plans. He had planned the attack
skilfully, the forces being disposed in three divisions—one
under Colonel Fisher, of the Regiment DeWatteville, with
flank companies of the 89th Highlanders and the 100th ; a
second, which bore the brunt of the struggle under Lieutenant Colonel Drummond of the 104th, and acting directly
against the fort; the third under Colonel Scott with the
103rd and some companies of the Royal Scots. The two
latter divisions assaulted the works. Scott's force was par- ,
tially turned, but soon rallied, and in the meantime Colonel
Drummond succeeded in penetrating the works. Thompson, of the Royal Scots, may be permitted to give the particulars of the catastrophe: | Lieutenant-Colonel Drummond,
during the conflict within the fort, performed most extraordinary acts of valour; in the hottest of the battle he would
present himself encouraging his men both by example and
precept. But in the very moment when victory was declaring itself in favour of the British arms, some ammunition
which had been placed under the platform ignited from the -
firing of guns in the rear, and a dreadful explosion was the
result, by which the greater part of the British-forces which
* Brown states his loss at 868, but several hundred prisoners were taken, and he only estimates the missing at 117.   Very little reliance can be placed upon his statement. THE SCOT IN BR1T1SE NORTE AMERICA.
387"
had entered the fort, were literally blown into the air."* It.
was now impossible to retain the ground which had been
won, and the troops retired within their works. By this-
disaster and otherwise, no less than 904 men were lost,
amongst them, unhappily, the gallant Colonels Scott and
Drummond.
Colonel Hercules Scott was a native of Brotherton, Scotland, and had commanded the 103rd in Canada ever since
the beginning of this campaign. After the outworks-
had been carried by assault, and the fort by escalade, Scott
received a musket-shot in the heart, which was instantly
fatal. He was buried the same evening, with the only
three officers who had escaped unharmed as his chief mourners. Colonel William Drummond of the 104th—a typical
Scottish soldier—was the son of John Drummond, of Keltie,
in Perthshire. Early in life he commenced a series of valiant
actions. At St. Vincent, when a lieutenant of the 2nd W. L
Regiment, he specially distinguished himself; at the taking
of Surinam his commander recommended him as an officer
of the greatest promise. In 1804, the Lloyd's committee
voted him a sword of 100 guineas' value for his intrepidity
in rallying the crew of a merchant-ship so successfully that
two French privateers which had attacked her were driven
off. During the war on our Canadian frontier, the Colonel
occupied a prominent position from the moment of his arrival..
Wounded severely at Sackett's Harbour, he subsequently
was in action at Chippawa and every subsequent engagement, until his untimely death, just at the close of the war.
* History, p. 240.
I — 38
TEE SCOT IN BRITISH NORTE AMERICA.
A braver and more self-sacrificing Scot never wore the King's
uniform, and his death was deeply deplored by his surviving comrades—indeed by the entire service*
Thus ended the war so far as the Niagara frontier was concerned. General Brown occasionally threatened to resume
the offensive, but scarcely attempted anything. About the
middle of September, an assault was made on the British
"batteries before Fort Erie, but although the enemy's superior
force partly penetrated the works, it was driven out at the
point of the bayonet, with a loss of six hundred.*!* A succession of heavy rains rendered the repair of the batteries impracticable, and therefore, on the 21st, Sir G. Drummond
ordered a retreat to Chippawa. Brown affected some intention of harassing the rear, but never came to close quarters,
although Drummond tried every expedient to lure him into
action. The American General knew that the game was up,
and what remained of the large army of invasion, so soon as
the British were out of the way, evacuated Fort Erie, and
recrossed the river. The energy and skill of Sir Gordon
Drummond, had thus cleared Canadian soil of the invaders,
and although the last incident of the war was disastrous, the
entire campaign was, in the highest degree creditable, both
to the strategy of the general and the bravery of the men.t
As Thompson remarks (p. 243), whatever object the Ameri-
* Morgan: Celebrated Canadians, &c, pp. 222-3.
t Thompson, p. 242.
X It may not be amiss to note that both Sir Gordon's sons died in the service of their
■colintry. The younger, Russell Gordon, was killed on H. M. S. Satellite, when a lieutenant
during an insurrection at Callao, in 1885. Gordon, the elder, was a Colonel"in the Coldstream Guards, and served In the Crimea, where he commanded the Brigade of Guards at the
final assault on Sebastopol. He died of fatigue, prematurely worn out, in November 1856.
Sir Gordon himself lived until October, 1854, when he died in London, iu the eighty-fourth
year of his age. THE SCOT IN BRITISH NORTH AMERICA
cans may have proposed to themselves by this last invasion,
" it is certain that nothing was acquired, if we except a fresh
proof of the loyalty of the Canadian people to their sovereign, and their Unshaken zeal to defend their country from
the grasp of its enemy, at whatever time he might think
proper to invade it."
So far as the old Provinces of Canada were concerned, the
last event was Sir George Prevost's abortive expedition to
Plattsburg. Into that disastrous affair, our immediate purpose does not call upon us to enquire. The General had a
large force and yet failed, sacrificing to his incapacity the
lives of a gallant Irishman, Commodore Downie, R. N, and
eighty-four of his command. There were in addition ninety
sailors wounded, while the land forces, in eight or nine days,
lost about two hundred and fifty.* The capture of Washington by General Ross, and the battle of New Orleans in 1815,
are outside our present subject, while the taking of Moose
Island, and the Penobscot expedition only concern Canada,
in so far as they resulted in the capture of a large part of
Massachusetts, afterwards surrendered by the treaty of peace.
It is worthy of notice, however, that three of the best admirals on the Atlantic board, Cockburn, Malcolm and Cochrane,
were Scots.
The Americans, being now heartily tired of the war, the
peace party gained strength day by day. The conflict had
been precipitated by Mr. Madison, in the hour of England's difficulty, and now the fall of Bonaparte had freed the
riofit arm of the mother country. Canada was to have fallen
See The Letters of Veritas.  Montreal: W. Gray, 1815, pp. Ill, 122.
E 390
THE SCOT IN BRITISH NORTH AMERICA.
an easy prey to the invader, and yet, although not less than*
fifty thousand* men had landed on her shores, in five successive invasions, they had effected nothing, and achieved nothing'except defeat and disgrace.   The war was pre-eminently
a political—indeed a sectional war; the Generals were-
elevated to the positions they so inadequately filled by parti-
zan influence!   New England, New York, and most States-
on the north Atlantic coast, were opposed to the war, and
other States were only half-hearted in their support. Nothing had been won by the enemy, after all his boasting and
all his exertions.    There was nothing for it, therefore, but-
to make peace.   The plenipotentiaries met at Ghent, and on
the 24th of December, 1814, a treaty was signed, which
finally ended the war, so dishonourably begun by the one
side, and so gallantly conducted on the other.    The Orders
in Council were repealed by England before the declaration
of war was known there, and now in the Treaty, the only
other pretext for hostility — the impressment of seamen
from American ships, and the limits of blockade quietly
dropped out of sight.   The United States thus secured no
object by their wanton expenditure of blood and"treasure,,
whilst they lost seriously in the weightier matters of national prestige and national honour.
In presenting this slight sketch of the war of 1812, it has
necessarily been our primary object to show how prominently
Scotsmen figured in those trying times. The record speaks
for itself, and does not need special emphasis and enforcement here. From the time when Muir and Sutherland
shed their blood on the Detroit river, until the gallant Drum-
mond perished at Fort Erie, their names, and the names of
i-L'	 THE SCOT IN BRITISE NORTE AMERICA.
Scottish corps, regular and militia, appear constantly upon
the historic scrolls. Nothing that could be added by way
of comment or word would shed additional lustre upon
the glorious part they took in Canadian defence. However, although it has been our immediate purpose to deal
with the Scot, nothing could be further from the design of
the work than to undervalue the inestimable services of the
Canadians, French or other, and the gallant Englishmen and
Irishmen who fought by their sides. The names which strike
us as peculiary heroic, are those of Brock and De Salaberry;
yet neither of them had much to do with the final issue.
The former perished, all too soon, on the field of glory; the
latter freed Lower Canada from the invader, and was only
inactive because he was unemployed. No national jealousies
troubled the people of those days; they had a duty to fulfil
to king and country, and acquitted themselves like brave
men in ardent co-operation, without regard to creed or
origin. If, on the whole, the Scots occupied the foremost
place in the conflict, the statement of the fact is only a matter of justice to them, and implies no invidious comparison
with the worthy deeds of their brethren in arms.
I" CHAPTER II.
COLONIAL GOVERNMENT DOWN TO 1791.
ITT is beside the purpose of this work to attempt a con-
!?> stitutional history of the Provinces in full detail.
Nevertheless, in order to link together the names and active
services of Scotsmen in public life, it appears advisable, in
addition to what has already appeared in a previous part of
this work, to give at least the thread of the whole story in a
connected way. The French regime, with its various changes,
may be disposed of in a paragraph. During more than a
century, the Colony of New France, although nominally a
Gallic possession, was practically in the hands of commercial
monopolies. Such were the establishments in Acadia under
De Monts—£ The Associated Merchants," and j The Hundred
Associates,'' a Company chartered by Cardinal Richelieu.
In 1663, however, Canada was constituted a Sovereign
Colony, governed by a Council consisting of six, then eight,
and finally twelve members. Of these the Governor, the
Bishop and the Intendant were the chief, being ex-ojjicio
members. The Governor was the first subject in New
France, usually a noble. He had the power of making war
and peace, and of entering into treaties, standing, in fact, as
the representative of the Crown. In like manner, the Bishop TEE SCOT IN BRITISE NORTE AMERICA:
393
superintended ecclesiastical affairs, and was supreme within
the sphere alloted to him. The Intendant, although he
yielded precedence to the Viceroy and Bishop, was practically a more powerful ruler. Usually a lawyer, he was often
a spy upon the Governor,* and conducted correspondence
with Versailles on his own account. He presided at the
Council-board, and had entire control of finance, justice,
police and marine, subject of course, more or less, to the approval of the Council. As a matter of fact, the Intendant
acted much as he pleased. The first who held the office Was
Talon, a man of singularly upright and intelligent character ; the last, Bigot, has left an unenviable reputation as a
ruler, grasping, extravagant, thoroughly base and unscrupulous.
The land was held by feudal tenure, that system having
been definitively established by Richelieu in the Charter of
the Hundred Associates, in the year 1C27. The seignior
was the grantee of the Crown, and became its vassal. In
Canada the King and his officers exercised much greater
power even than in France. They had in fact an unbounded
ri»ht of intervention in the seignior's affairs. The censitaire
held his land again by an inferior tenure from the lord, and
was bound to pay him an annual amount in money or produce, or in both, per acre. He was also liable to the lods et
ventes, or mutation fines, to be paid, if he sold his title to the
land, to the extent of one-twelfth of the purchase money, f
In some cases, it may be added, the superior granted land to
* Parkman's The Old Regime in Canada, chap. xvi.
t The Old Regime, chap. xv. 394
TEE SCOT IN BRITISE NORTE AMERICA.
inferior vassals, and these again made grants to their vassals,
who were habitants, or regular cultivators of the soil. * The
administration of justice was, on the whole, fair and equitable; yet, as might have been expected, it favoured, in
practice, the superior class. The Council issued decrees, being only controlled by the royal edicts and the custom of
Paris. Subordinate Courts were constituted in the three
judicial districts of Quebec, Three Rivers and Montreal.
The seigniors inhabiting the corporate seigniory of Montreal
lad also the right to settle disputes, but, in course of time
their jurisdiction was restricted to small causes.
Thus then lived the Franco-Canadian, for the most part
happy and contented. His tastes were frugal, his habits
simple, and his wants singularly moderate. He was attached to his Church, and seldom found fault with the occasional rapacity of his rulers. The younger spirits who rebelled
against the hum-drum life of the Colony, found a vent to
their energies as coureurs de bois, or in those interminable
struggles with the Iroquois which had been left as a fatal
heritage of woe and bloodshed by the folly of the early leaders and viceroys. All was changed by the conquest which
ended with the capitulations of 1759-60. Up to this tim
the Government had been purely despotic, after, the true
Bourbon fashion. Feudalism was thoroughly interwoven
with the social life of Canada, and freedom in any sense can
hardly be said to have had an existence. The problem
which now presented itself to the Imperial Government was
new, and one not easy of solution.   A military period of
*lbid, p, 245.
|LU TEE SCOT IN BRITISE NORTE AMERICA. 395
transition was inevitable under the circumstances—at all
■events until the country was formally ceded to Britain, in
1763. Under General Murray, this | despotism," * as Garneau
-somewhat invidiously terms it, the "new subjects " of the
•Crown enjoyed an amount of liberty they had not known
before. But they were firmly attached to the old system,
-especially in so far as the administration of justice was concerned, and saw, with dismay, the likelihood that their institutions might be superseded by the more liberal and enlightened jurisprudence of England. The British population
were few in number, but they had the ear of the mother
•country, and clamorously demanded the immediate intro-
•duction of English laws, pure and simple. Being conquerors,
they considered it their right to give laws to the vanquished. Hence a struggle which lasted eleven years. In
1763 King George III. issued a proclamation in which he
promised that, so soon as circumstances permitted, General
Assemblies of the people should be convened in the same
manner as in the American Provinces; and ordained that in
the meantime the laws of England were to be in force.
I Thus," says McMullen,*f* § all the laws, customs and judicial
forms of a populous and ancient colony were in one hour
•overturned, and English laws, even the penal statutes against
Roman Catholics, introduced in their stead." It may be admitted that this measure was " rash and ill-advised;" yet it
never was harshly construed, and after a brief struggle the
old system, exclusive of criminal and ultimately of commercial law, was re-established.    This welcome concession, made
History (Bell's translation), Lib. xi., ch. 1   But see Christie; History, vol. i. p. 2.
History, p. 192.
I  S 396
TEE SCOT IN BRIT1SE NORTE AMERICA.
in 1774, was embodied in the celebrated Quebec Act of
that year.* Before entering upon the changes wrought by
this measure, Veference may be made to the establishment
of the first newspaper issued in Canada. Messrs. William
Brown and Thomas Gilmour, or Gilmore, who were, we believe, Scots, came from Philadelphia in 1764, and established
the Quebec Gazette. The first number was issued on the
twenty-first of June, with a subscription list of one hundred
and fifty. This pioneer journal was, in the strictest sense, a
newspaper, no comments on political affairs being permitted
by Government. Indeed, it was not until 1800 that the
Canadian editor ventured to discuss matters of State.*f* It
was not, as will be seen hereafter, until 1791 that even the
forms of parliamentary government were conceded to the
Canadian subjects of the Crown.
The Act of 1774 owed its inception to Sir Guy Carleton,.
who was impressed with the injustice of imposing British
institutions, laws and language upon the French Canadians,
who formed an overwhelming majority of the population.
But the British settlers—for the most part of the military
class—met the proposed legislation with the most determined
opposition. The colonies to the southward were in the early
stage of revolution, because the Imperial Parliament had
thought fit to tax them without the consent of their representatives. Yet in Canada it was proposed to perpetuate the
same system, without even establishing the General Assembly
% 14 Geo. HI. cap. 83 ; "An Act for making more effectual provision for the Government
of the Province of Quebec." See Sir Henry Cavendish : Debates, of the House of Commons*.
Jcc.   First published from his notes.   London : 1839.
+ Lemoine : Quebec, Past and Present, p. 188; McMullen's History, p. 192; Morgan
Celebrated Canadians, &c, p. 80.    The Montreal Gazette was established in 1778, by
JamesBrown. TEE SCOT IN BRITISE NORTE AMERICA.
promised in the Royal proclamation of 1763. There was
yet another grievance. Lord North's Government proposed
to restore to the Catholic clergy the right to collect tithes
from their co-religionists, thus putting the old Church upon
the footing of a quasi establishment. The Corporation of
the City of London, which heartily espoused the cause of
the British colonists, addressed a petition to the King against
the Bill in which the objections to it were concisely set out,
These may be summarized as follows: 1. That the Bill was
subversive of the fundamental principles of the constitution;
2. That it denied British subjects there of the advantages
of English law, and especially of trial by jury; 3. That the
faith of the Crown had been pledged to those who settled in
Canada; 4. That the Bill established the Roman Catholic
religion, I which is known to be idolatrous and bloody," contrary to the express provisions of the Act of Settlement; 5.
That the legislative power was to be wholly vested in appointees of the Crown. The Act itself now demands attention. It set out that there were 65,000 Roman Catholics in
Quebec, enjoying an established form of constitution and
system of laws, and these it restores once more. The exercise of their religion was to be free, and the clergy of the
said Church might hold, secure and enjoy their accustomed
dues and rights with respect to such persons only as should
profess the said religion.*}* To this Lord North added a proviso for the support in like manner " of the Protestant religion." By another clause the criminal law of England was con-^
tinued in the Province as it had obtained since 1765. The King
•This document will be found in Christie's History, vol. i., p. 6, note.
t Cavendish, p. 216.
|»— 398
TEE SCOT IN BRITISE NORTE AMERICA.
was also authorized to appoint a Legislative Council of not
less than seventeen,and notmore than twenty-three members.
This body had! limited power to make I ordinances for the
peace, welfare and good government of the Province, but no
power to levy taxes except for local purposes." In the Commons the Bill was strenuously opposed by Fox, Burke, Barre",
.Sergeant Glynn and Dunning, and in the Lords by the Earl
of Chatham, then upon the verge of the grave. The noble
Lord characterized it as "a cruel, oppressive and odious
measure, tearing up justice and every good principle by the
roots." The Opposition, in everything except ability and
eloquence, was weak in both Houses, and the Bill passed by
large majorities.* In pursuance of the Act a Legislative
Council of twenty-three members was constituted, of whom
eight were Roman Catholics; and in 1775 the Imperial Gov-
-ernment promulgated a new tariff, superseding the old French
-duties.
The events of the next fifteen years may be passed over
with the simple remark that under Henry Hamilton the
Habeas Corpus Act was passed in 1786. Meanwhile the
English-speaking population had increased largely by the
influx of U. E. Loyalists from the revolted colonies, and the
-discontent caused at the passing of the Quebec Act grew louder.
At length in 1789, they employed an agent named AdamLym-
burner, a Quebec merchant, who was despatched to London to
urge a revision of the colonial system on a constitutional basis.
"This gentleman who appears to have possessed talents of a
high order, was a native of Kilmarnock in Ayrshire, and
* Watson: Constitutional History, vol. 1., pp. 25-80.    In the Commons the final vote
-stood, Yeas 58, Nays 20; and, in the Lords, Contents 26, Non-contents 7. TEE SCOT IN BRITISH NORTH AMERICA. 399
•died in 1836, aged 90, in London, after having served for
some years in the Executive Council of the Province.* He
•succeeded in gaining the ear of the Home Government, and
the result was the transmission to the Governor of a draft
Bill providing for the establishment of representative institutions in Canada. In the spring of 1791, the measure was
introduced by Mr. Pitt, and at once excited strong opposition
from the British colonists. The very first proposition was
a division of Canada into two Provinces, and to that Mr.
Lymburner and his clients strenuously objected. Each
Province was to have a Legislature consisting of a Lieut.-
Governor, Legislative Council, and House of Assembly. By
the same Act, were established the Clergy Reserves, destined
in the future to be a fruitful source of trouble and controversy. It was enacted so as to avoid a recurrence of the
•disputes which had lost England the thirteen colonies that
the British Parliament should impose no taxes but such as
were necessary for the regulation of trade and commercej
I and to guard against the abuse of this power, such taxes
were to be levied and disposed of by the Legislature of each
■division ."*f*
On the 23rd of March, Mr. Lymburner was heard at the
"bar of the House of Commons against the Bill. He read a
very able and interesting paper of considerable length; and,
although he failed to influence the Government majority the
document is still worthy of perusal.^: He urged the propriety of totally repealing the Quebec Act on the ground
* Christie's History, vol. i., p. 114.
t Pitt's speech in Christie, vol. I., pp. 69-71.
J The bulk of It is given by Christie, vol. I., pp. 74-114. 400
TEE SCOT IN BRITISE NORTE AMERICA.
stated in the preamble of Mr. Pitt's Bill that it was in man/
respects inapplicable to the present circumstances of the
Province. As a matter of fact they only repealed one clause
of it. What the British residents wanted was " a new and
complete institution, unclogged and unembarrassed with any
laws prior to this period." Mr. Lymburner strongly protested against the division of the Province as an act of injustice to the British residents in the lower division ; nor
was it more palatable to the people of the other division who
would be cut off from communication with. the sea, and
dependent altogether on the merchants of Montreal and
Quebec. The result in his opinion would -be dissensions
between the Provinces, hostile tariffs and continual disquiet.
The proposal to allow drawbacks upon goods imported for
use in the upper Province he regarded as futile, and likely to
prove the fruitful source of smuggling and fraud. A further
objection was found in the absurd proposal to make the
Legislative Council an hereditary body. Mr. Fox bad in vain
offered an amendment to make the Council elective; but
although the clause was carried it fell still-born and never
came to anything. Mr. Lymburner's objections to the Bill
were concisely stated towards the end of his address. He
complained of the erection of two independent Legislatures,
of the hereditary Council, unlimited in number; of the small
number of representatives; of making the term of the
Assembly septennial; of the continuance of laws, etc., supposed to be in force ; of the power given to the Lieut-Governors; and of the claiming of tithes from the Protestant
settlers without settling the rate. His constituents, as he
called them, prayed for the repeal of the Quebec Act in toto; TEE SCOT IN BRITISE NORTE AMERICA. 401
for a triennial assembly with free admission to Roman
Catholics, for a limited number of Legislative Councillors
chosen for life by the Crown, for the establishment, as fundamental laws, of the criminal and commercial laws and
customs of England, with the Habeas Corpus Act and Enff-
lish common law in the Upper Canada districts.*
As early as 1755, the question of representative government presented itself in Nova Scotia. In that year, Chief
Justice Belcher was directed by the Lords of Trade to inquire whether the Governor and Council could enact laws
without the consent of the Legislative Assembly. He decided—and his view was sustained by the Attorney-General
and Solicitor-General in England—that they had no such
power. The Governor was of opinion that there were insuperable obstacles in the way of calling an Assembly; but
his objections were over-ruled. He found that the influence of. the Halifax merchants would preponderate in the
House; but, as was well replied, that could be no excuse
for the exercise of an authority pronounced illegal by the
law officers of the Crown. Petitions flowed in praying for
the convocation of a Legislature; but Governor Lawrence
" almost beseeched " the Lords of Trade not to insist upon
it at present. Their Lordships, however, having apparently
lost all patience, made then' instructions peremptory.*!*   A
* One extract from this long and able address may be given as a specimen of its vigorous
style : " But sir, if the Province is to be divided and the old system of laws continued; if It
is expected that either part of the Province, separated as proposed by this Bill, shall, in its
present exhausted and impoverished state, raise the supplies for supporting the whole expenses of government—it will be reducing the Provinces to a situation as bad as the children
of Israel In Egypt, when they were required to make bricks without straw. The people
will see that the apparent freedom held out by the new system is delusive, and the new constitution will complete that ruin which the former pernicious system had left unfinished."
t The entire correspondence on this subject will be found in the Nova Scotia Archives.
Halifax, 1865, pp. 709-725. 402
TEE SCOT IN BRITISE NORTE AMERICA.
resolution was, therefore, passed by the Council in May, 1758,
calling a House of Representatives, consisting of sixteen
members, for the Province at large, " till the same shall be
divided into counties," four from Halifax township, two
from Lunenburg, and two from each of the other townships-
so soon as it shall contain fifty qualified electors. The first
Assembly met in the month of October, 1758, and elected
Robert Sanderson, Speaker. To his surprise, the Governor
found that the members were not so given to innovation as-
he had anticipated, although he took care to complain that
some of them were no better than they should be. Of course-
a large proportion of the House was Scottish, and we may
be sure .that, loyal though they unquestionably were, it was.
scarcely likely that they had left their critical spirit or attachment to freedom behind them. At all events, matters-
appear to have gone on smoothly enough in the first Assembly which ever sat within the limits of the Dominion. Then
followed the French war, and the taking of Louisbourg and
Quebec. As stated in earlier pages, Lord William Campbell filled the post of Governor from 3766 to 1773, when he
was transferred to South Carolina. This brings the history
down to the period of the extension of Scottish settlements;
on the east coast of Cape Breton and in Prince Edward Island,
and is simply sketched in hasty outline to preserve connection with what is to follow. It may be added, that after the
peace of 1763, Cape Breton and Prince Edward Island—
then called the Island of St. John—were annexed to Nova
Scotia. In 1770, the latter, when it only contained five
resident proprietors, and one hundred and fifty families, was
set off as a distinct Province, with a Legislature of its own. THE SCOT IN BRITISH NORTE AMERICA.
402
In 1784, Cape Breton again became a separate colony, and
remained so until 1820. In the previous year, New Brunswick was also detatched from Nova Scotia, and received a
Governor, Legislative Council and Assembly of its own.*
* The authorities used throughout regarding the Maritime Provinces are—Hallburton,
Murdoch and Campbell's Nova Scotia,—Munroe's New Brunswick^Hrown's Cape Breton,
—Patterson's Pictou,—Stewart and Johnston's Prince Edward Island. The name of the-
last colony was changed from that of St. John, In 1800, in honour of H. R. H. the Duke
of Kent, Her Majesty's father. ill:
■ CHAPTER III.
CONSTITUTIONAL RULE PRIOR TO 1812.
HE storm of the American Revolution failed to uproot
the settled loyalty of the northern colonies. It does
not appear that the Stamp Act, or any of those other ill-
advised measures which, under Grenville and North, deprived
England of thirteen Provinces, excited any commotion in
Canada and Nova Scotia. On the contrary, they became the
home of those loyal refugees from the south who had cast
in their lot, for weal or woe, with the Crown. The effect
of the struggle was, therefore, to intensify, rather than
weaken, the ties which bound these colonies to the Empire.
When peace was proclaimed, in 1783, public affairs began to
settle down into normal shape, and under the Constitutional Act of 1791, the Franco-Canadians were, if not quite
satisfied, at least tranquil and submissive. The old Province
was divided into two, and thenceforward, for nearly fifty
years, their affairs flowed side by side, apart, yet not unconnected. Upper 'Canada, having been freed from all vexed
questions' concerning French law and feudal tenure, started
afresh as a purely British colony. Lower Canada, on the
other hand, had been pacified, so far as the French population were concerned, by the establishment of their " religion,
language, and laws."    That there lingered, for many years, THE SCOT IN BRITISH NORTH AMERICA.
a feeling of discontent amongst the growing British population may be well supposed. The remonstrances they had
pressed, through Adam Lymburner, had been summarily
cast aside as unworthy of serious consideration. Pitt cherished, above all things, a desire to conciliate the French
population. The threatening aspect of affairs in France, no
doubt, urged him to this course, rather than risk having a
second Paris on the banks of the St. Lawrence. His suspicions were certainly ill-founded; and yet, on the whole,
he acted with sagacity, and in a liberal spirit.
On the other hand, it is undoubtedly true, as Garneau remarks,* that the new constitution failed to give the Canadian Provinces that full measure of self-government which
had been anticipated from it.    The Colonial Office in London was too hasty in dictating a policy for the new governments, and the Lieutenant-Governors too often supposed that
they occupied an exceptional position as heads of the Executive.    The chief officers of the State were arbitrarily chosen
by the representatives of the Crown, and so were the members of the Upper House.    Responsible government, in the
modern acceptation of the term, was unknown, indeed, at
first, unsought for.    The Assemblies could debate, no doubt;
but no one had as yet hinted that the course of public policy,
the tenure of Cabinet offices, or the control of public lands
and   interests, should   be in the hands of  the people's
representatives.   At that early period in the history of Upper and Lower Canada, it is by no means certain that any
other course would have been prudent.   When the agitation
for complete self-government began in Lower Canada, as will
Book xiii., chap. i. 406
THE SCOT IN BRITISE NORTE AMERICA.
be seen hereafter, the French population and their few British allies were evidently struggling wildly, without possessing that prudent balance and soberness of aim which could
alone enlarge the basis of the structure without overturning
it altogether.
The first years under the new constitution need not be
described in detail, inasmuch as sketches of Sir James
Craig's administration, and of some of the more prominent-
Scots antecedent to the time of 1812, were given in earlier
pages. The first Lower Canadian Legislature was called
together on the 30th of December, 1791. The lists of Legislative Councillors, members of Assembly, and Executive
Councillors, contain, from time to time, a number of Scots,,
of whom little record remains except their names. Hon. Wm.
Grant, a Quaker merchant, was an Executive Councillor; so
was Hugh Finlay, who gave his name to the Finlay Market.
Sir Alexander Mackenzie, of whom we shall have more to say
in connection with the N orth-west, was originally a Canadian merchant. He was born at Inverness, and represented
the County of Huntingdon in 1804. Hon. James McGill,
who sat in several parliaments and was an Executive Councillor for some years, has already been referred to at length.
There are other names such as those of J. Young, shipbuilder,
John Craigie, David Munroe, John Murray, and John Lees.
Most of the Scotsmen who attained positions in public life
at that time, were engaged in mercantile or shipping houses,
at Quebec, Three Rivers, or Montreal. Of course the House
was preponderatingly French. In the Assembly of 1800,
for example, out of fifty members only fourteen names indicate British origin, and one was Dutch, or more probably TEE SCOT IN BRITISE NORTE AMERICA.
407
a settler from New York State, all the rest being French
Canadians.* Sir James Craig arrived in the autumn of
1807, and the signs of an approaching storm began to appear upon the political horizon. In the Assembly of 1809,
we note the names of Ralph Gray, James Stuart, W. McGil-
livray and J. Blackwood. The Stuart mentioned, was afterwards Sir James Stuart, 'of U. E. Loyalist origin; his nationality can scarcely be doubted, as his grandfather was a
Presbyterian.
During Sir James Craig's administration, there was a critical struggle between the advanced spirits of the French
Canadian party and the Executive. Le Canadien was suppressed, and a number of gentlemen arrested. Into this controversy it is unnecessary to enter. The embers of discontent, however, kept alive during the war of 1812, and broke
out with renewed fury during the next period of our history.
One symptom of this discontent, in its preliminary stages, was
a gradual decrease in the number of representatives of British origin. In 1809, only nine were elected. The dissatisfaction at this period arose, not from any defects in the constitutional system, but in the method of its administration.
" An irresponsible executive," says McMullen, " was at
the root of most public disorders, and as time progressed, it
became evident that Lower Canada would pass through the
same revolutionary ordeal as its western sister. In both
Provinces identical modes were producing similar results,
and at nearly the same time."*f*
* Christie, Vol. i. p. 214, Garneau complains that, in the Council, the Canadians werejnot
properly represented, " except at the outset when they were four to eight; but by the
year 1799, out of twenty-one members in the Council, only six were Canadians."
t History, p. 231.   Also Christie, vol. i. pp. 347-50.   Garneau, who always takes'the ex- 408
TEE SCOT IN BRITISE NORTE AMERICA.
The first years of Upper Canadian history have been
briefly sketched in a previous chapter (p. 311). It only remains to indicate the general course of affairs during the early
period as far as the limited resources at command will permit. Simcoe's career, as Governor, was too short for the
welfare of the Province. He was a man of broad, constitutional views ; and, had he remained here for a longer period,
the seeds of discontent and disorder would not have so soon
brought forth fruit. At the close of the first session of the
first Legislature, he said, " At this conjuncture, I particularly
recommend to you to explain (i. e. to their constituents)
that this Province is singularly blest with, not a mutilated
constitution, but with a constitution that has stood the test
of experience, and is the very image and transcript of that
of Great Britain." How far that view of the colonial system was shared by those subsequently in power will appear
in the sequel; meanwhile, it may be concluded from Simcoe's own words, that his views of administration were
not reconcilable with the irresponsibility of the executive,
as afterwards maintained by his successors. The early
grievances of the settlers were not connected with this subject. It was the land system of which complaint was earliest made, as will appear more fully hereafter. The rapid
influx of immigrants from Europe and from the United
States might have been taken advantage of, had a sound
and equitable disposal of the soil been made. This, however, was what the old residents were determined to prevent.
They looked upon themselves as the legitimate disposers
treme French Canadian view, dignifies Craig's term by the name of "the reign of terror."
Bell's trans. Book xili. chap. il. THE SCOT IN BRITISH NORTH AMERICA.
409
of the territory, and proceeded to parcel it out amongst
a O
their friends and relatives, simply for purposes of speculation.
Actual occupants were thus either driven away, or had to pay
fancy prices for their land, in lots separated from.one another by forests, as effectually locked up as if in mortmain.*
It was in these early years that the nucleus of the so-called
| Family Compact " was formed, chiefly of U. E. Loyalists,
half-pay officers and poor gentlemen.    These families constituted a sort of ready-made aristocracy, and, in the primitive time of which we are speaking, their influence was
largely for good.    They monopolized, as was natural, all the
culture and polish of the colony, and were therefore not indisposed to look upon new settlers with something approaching disdain.     The Government was in their hands, and
although Upper Canada secured the form of representative
institutions, their power and efficacy were entirely wanting.
There was a House of sixteen, and a Legislative Council of
six; an irresponsible Executive,*!*  and a judiciary which,
while not independent, was made worse by the participation
of the judges in political life.     The oligarchy was in fact
supreme in every department; whilst the people, at that
time absorbed in reclaiming the soil, attended but little to
public affairs, and cared less.    Upper Canada was passing
through that primitive stage of colonial society out of which
it began to emerge shortly after the war.    It is too much
* McMullen: History, p. 238.
t As Dr. Scadding remarks, offices were then literally held during pleasure. Some
Trustees complained to Governor Hunter that they could not get their patents. Hunter,
after questioning all the rest, fixed the blame upon Mr, William Jarvis, Secretary and Registrar, and this is how he addressed him : "Sir, if they are not forthcoming, every one of
them and placed in the hands of these gentlemen in my presence at noon on Thursday next,
by George ! I'll un-Jarvis you."   Toronto of Old, p. 478. 410
THE SCOT IN BRITISH NORTH AMERICA.
the habit of historians to look at that simple state of politics
with jaundiced eyes. They persist in looking at the rude
systems of the past through spectacles provided by the
present. As will be seen hereafter, great injustice has thus
been done to the pioneers in the management of public affairs.
Meanwhile it is only necessary to make this remark by the
way.
In the Upper Canada Almanac for 1803 there is a list of
all the public men of the time. The Macdonells appear
in great force. Alexander and Angus Macdonell represented
Glengarry and Prescott, while another Angus sat for Durham, Simcoe and East York. John Macdonell was Lieutenant of Glengarry county, and Archibald Macdonell, of
Prince Edward. In the Militia lists of the same date there
were nine Macdonells of the Glengarry battalion—the
Colonel, Lieutenant-Colonel, two Captains, three Lieutenants,
and two Ensigns. Robert Gray was at that^time member
for Stormont and Russell, and Donald McLean, Clerk of the
House.
Before entering on the next, or as it may be termed the
first, political period, some reference must be made to the
Hon. William Allan. Concerning Mr. Allan's early career
beyond the fact of his Scottish origin we are without information. He first appears as the holder of a number of
offices, none of which taken alone could, in those simpler
times, have been over lucrative. He was the first postmaster
of Toronto, and the office was situated on his own premises
on the west side of Frederick Street. South of that on the
water side was the Merchants' Wharf, also his property, and TEE SCOT IN BRIT1SE NORTE AMERICA.
411
the Custom House of which Mr. Allan was collector* Mr.
Allan, however, was not a mere office-holder ; but a public
spirited citizen ready to serve his fellows in any useful work.
He was one of the trustees for the Mall, a pleasure promenade
which, like its successor, the Prince of Wales' Walk, has disappeared forever. Largely interested in the development of
the district he busied himself with road-making, the levelling
of hills, the improvement of Yonge Street, and the open-
ing up of Queen Street to the Don. As an ardent churchman he took part in the erection of the first Church of St.
James, and was a liberal contributor to the fund for its support. A justice of the peace at an early date, he subsequently became a member of the Legislative Council. During the war he was in active service as Major in the York
Militia, and fought, we believe, at Queenston.
The period antecedent to 1812 may now be dismissed as
•eminently barren and unfruitful. Notwithstanding some
fitful efforts after political vitality—merely of the embryo
sort—there really was no public life worthy of the name.
The struggle for existence, under the pressing necessities
of early settlement, absorbed all human activities, and
society, if not in the patriarchal stage, approached it in its
rude activity. One has only to turn over any of the dingy
yellow journals of the period to perceive that the future
life of the Provinces, ultimately to form a nation, was only
in the making. Trade was in a refreshing state of simplicity,
although there seems to have been no lack of vigorous enter-
* " We gather also from the Calendars of the day that Mr. Allan was likewise Inspector of
Flour, Pot and Pearl Ash; and Inspector of Shop, Stall and Tavern duties. In an early,
limited state of society, a man of more than the ordinary aptitude of affairs is required to
:act in many capacities."   Scadding, p. 39. 412
TEE SCOT IN BRITISE NORTE AMERICA.
prise conducted under adverse conditions. The sparse
population, devoted to agriculture, was sufficiently occupied
with the exigent duty of subduing nature, and politics were
abandoned practically to those who made office-holding a
profession. Then, as always hitherto in Canada,- the lawyers,
doctors and other fairly cultured classes monopolized the
government prizes. The forms of constitutional rule existed;
yet practically the representatives of the people were chosen
from an extremely limited circle; and the legislatures, after
all, exercised but little control upon public affairs. The
early settlers, many of whom were tolerably educated, having
been officers in the army and navy, or the sons of U E„
Loyalists, mainly gentlemen in the conventional sense, assumed the leading places, and filled all the lucrative offices
as a matter of prescriptive right. The Governors naturally
depended on them for counsel and support, and, in return,
rewarded them lavishly with such gifts as were at the disposal of the Crown. It is easy to cast reflections now upon
a state of things which was then more or less inevitable.
The country as a whole had not yet been aroused to political
activity, and it was certainly better that the country should
be ruled by an oligarchy than not ruled at all. On the
whole it was well governed, and with the exception of some-
personal grievances, as well as a few glaring instances of personal aggrandizement at the public expense, there is not-
much fault to be found with the rSgime'preceding the war. CHAPTER IV.
feom 1815 to 1841.
\wv(i T the close of the American struggle, Upper Canada
^Q^1 entered upon a new era. The patriotic spirit which
had proved more than sufficient, during that rugged crisis,
served to quicken the Province into active and independent political existence. The invaders had been driven
from the soil, notwithstanding the odds in their favour, and
now the country was to reap the reward of its strenuous
exertions in the field. Yet, from a political point of view,,
there should have been misgivings from the first. No sooner
was peace proclaimed than immigration set in on a scale
hitherto unprecedented. Large numbers of settlers came in
from the United States and were naturally regarded with
jealousy by the official monopolists. The ranks of the latter
had been reinforced by large numbers of regular and militia
officers who had been provided for by gifts out of the publio
domain. The exclusive caste was definitively formed, and
it became only a question of time when the conflict between
it and the newcomers—mainly democrats—should commence.
It is the besetting sin of modern historians to survey the
attitude of past generations from a modern standpoint. A
lost cause has seldom any defenders after the lapse of a decade
or so; yet surely the veracious chronicler ought, so far as
9m 414 TEE SCOT IN BRITISE NORTE AMERICA.
may be, to project himself so far into the period he describes
as to realize, however faintly, the views and feelings of those
Who are without literary champions to-day. There is no
difficulty in eulogizing the asserters of principles which have
since asserted themselves; but so much the more necessary does
it seem to be a duty to vindicate the motives, of those who
come into court posthumously without the benefit of counsel.
In 1815 the position was something like this. The loyal
defenders of the country had repelled the invaders of its soil.
They were in possession of the choicest Crown lands, and
controlled every department of government, executive,
legislative, judicial, administrative, and municipal as of
right divine. That they should assume that position was
not surprising. The burden and heat, not merely of the
struggle with the United States, but of pioneer settlement
had fallen upon them, and it was not in human nature to
abstain from a determination to reap the fruits of what they
had sown. So soon as there appeared a danger from the influx of American settlers, the dominant party at once set its
foot down upon immigration from that quarter. Free grants
of land were refused to all new-comers from, the United
States, and, in order to prevent the acquisition of lands by
purchase, naturalization was abolished. A stringent Alien
Act was passed under which any American was liable to
arrest and deportation on a charge of sedition—a law
which , virtually amounted to a suspension of the Habeas
Corpus Act. Nor was this all. There was a well-grounded
feeling of discontent against the authorities for their partiality in the sale of Crown lands. Large numbers of the volunteers and active militia, who had fought during the war, THE SCOT IN BRITISH NORTE AMERICA.
415
found themselves, on some pretext or other, deprived of the
grants promised on the faith of the Crown. It is easy to
see why the party objected to American immigration; indeed, under the circumstances, one might have expected
some such outcome of jealousy on the part of victors who
claimed an exclusive title to the spoils. But their treatment
of the disbanded troops is explainable on only one supposition, warranted apparently by the facts. The militia of the
Niagara frontier especially had, before the war, been intimately associated in trade and otherwise with their neighbours across the river. They were not, in political complexion, therefore, by any means Conservative. But when
the struggle came, they proved manfully loyal to the Crown,
to their homes and country. The time arrived for carrying
out the promise of reward to all who had risked life during
the war, and the government at York, in its alarm at a supposed increase of power to political adversaries—then for
the most part imaginary—trifled with the claimants, and in
many cases withheld the grants of land to which they were
unquestionably entitled.
Meanwhile, so early as February, 1815, the British Government undertook an emigration scheme. A free passage
was offered to emigrants, with a hundred acres for themselves
and for their sons, on arriving at adult age. No great results
flowed from this measure, except in one direction to be noted
immediately. Mr. McMullen* very naturally points out
that the excitement of the war had unsettled the habits of
the people, and that discontent supervened upon it. But
it is doubtful whether that be a full explanation of the
1 History of Canada, p. 330. 416
THE SCOT IN BRITISH NORTE AMERICA.
political change which was imminent. The people had suffered and were strong, not merely in a spirit of national prider
but from the assurance borne in upon every man that he
was a unit in the commonweal. The result evidently must
be a strong assertion of individualism—an awakening to
national life and vigour. Citizen soldiers do not, as our his-
torian thinks, | return discontented to the drudgery of their
farms." On the contrary, they come back with a greater zest
for the labours of peace, but with an augmented sense of their
own personal importance. Like the youth of Greece and
Rome, like the apprentices to chivalry in the Middle Agesr
they never felt assurance of manhood until they had met the
shock of combat. So soon as they had laid down their arms,
the Canadian yeomanry felt that the period of adolescence
and tutelage was over, and that they were members, active
and independent, of the body politic. War is, of itself, a
hateful thing; and yet when it takes the dimensions of a
struggle for existence—a conflict for home and hearth, wife
and children—there can be no better educator for freemen.
That which stirs the fibres of the heart and quickens its
action healthfully, stiffens the back-bone of the man, and
raises his political stature for all time to come.
The war of 1812-15 accomplished both purposes, and so it
came about that when the Assembly met in 1817, signs of
dissatisfaction with the Administration were forcibly presented to public notice. At that period, it must be borne in
mind that the lands of the Province, except in so far as they
had been alienated, belonged to the Crown. A large portion had been granted " for the support of a Protestant
clergy," and this was to form a bone of contention for forty TEE SCOT IN BR1TISE NORTE AMERICA. 417
years to come. The House found fault with the impediments thrown in the way of immigration, a bad postal system, and the wrongs of the militia. Of course no Executive
in those days could submit to legislative impertinences of
so pronounced a character, and the Governor hurried down
to the House only to send it about its business. A Scot now
appeared upon the scene, so unique in character and career,
that his life must be sketched at some length.
Robert Fleming Gourlay was born in Fifeshire somewhere
between 1780 and 1784. He was evidently a man of keen
observation, shrewd and talented. But it must be confessed
that he was the victim of a litigious and irritable disposition. The chief materials for his biography are to be found
in his collection of occasional pamphlets bearing the singular
title of I The Banished Briton and Neptunian." * That he
was in every way an honest and conscientious man is clear
from first to last. That he was, at the same time, energetic,
painstaking and philanthropic seems equally obvious. So
early as the first year of the century he was employed by
the Imperial Government to enquire into the condition of
the English poor and suggest a remedy for prevailing distress.
Upon his report a Bill was introduced as a Government measure, but rejected by the Lords. In personal business he was
certainly unfortunate, through no fault of his own.    He in-
* The latter designation is explained in one of these brochures by the following document written at sea, after a visit to Scotland :
" The Pacific, at Sea, Nov. 9,1833.
"Notice to Creditors—I hereby intimate that I have sailed for America, not to evade
payment of debts, but that all may be paid in full, for which funds are more than sufficient.
" Witness my hand,
" Kobt. Goorlay,
"Late of Leith, subject to the King.
I Robt. Fleming Gourlav,
" of the Ocean, and subject to Neptune." 418 TEE SCOT IN BRITISE NORTE AMERICA.
herited a bankruptcy, and set himself loyally to work to pay
off the paternal debts and carve out a fortune for himself.
Unhappily he leased a farm in Wiltshire, in England, on a
lease, and expended his earnings in improvements ; but he
quarrelled with his landlord, a Duke, and finally threw all
up and resolved to make his fortune here in America. In
1817 he left England for New York, and was accidentally
called to Canada to visit some relatives. Notwithstanding
his liberal opinions, he was a thoroughly loyal subject, and the
idea at once struck him that if the Upper Canadian land policy
were improved, and the resources of the country made known,,
the tide of British immigration might be diverted hither,,
with advantage both to the settler and the Empire. On his
arrival at York he was at first received cordially by the rulers
of the day. But the sudden and, as it appeared to him, arbitrary prorogation of the Legislature, with its business unfinished, gave to his career, most unfortunately for him, a
political tinge, not contemplated at the outset.* " Without the slightest idea of evil," as he avers, i he took the novel
step of proposing that a Convention should be called of
Deputies from all the constituencies to deliberate upon the
propriety of sending Commissioners to England to call attention to the affairs of the Province." It may be readily conceived that such an unusual step annoyed, and may possibly
* I In Upper Canada my efforts had no view whatever to a reform in Parliament. The-
people there have a perfect representation, and before long they will make a better use of
it than they have hitherto done. Soon after my arrival In that country I viewed It as the
most desirable place of refuge for the redundant population of Britain, and I conceived
schemes for promoting a grand system of Immigration." Statistical Account of Upper
Canada, compiled with a view to a Grand System of Emigration, By Robert Gourlay ;.
London, 1822; General introduction, p. vi. It may be mentioned that this introduction is
a sort of piece justificative, making a volume Altself of over four hundred pages. The work,
proper, In two volumes, covers with appendices nearly fifteen hundred more. THE SCOT IN BRITISH NORTH AMERICA.
419-
have alarmed the authorities. Gourlay's aims were clearh-
distinguishable from any ordinary form of political agitation;
and there can be little doubt that if the Executive had been
less arbitrary, and he had been less pugnacious when threatened, the movement would have proved productive of great
good. The Convention was held, and so far as appears, its
proceedings were not of a character to alarm anyone. It is
true they petitioned the Prince Regent, and made some complaints about the Crown land management, and the hostile
attitude taken up with regard to immigration; but the
Crown lands then absolutely belonged to the monarch, and
there was certainly nothing seditious in meeting publicly
and adopting petitions to be laid at the foot of the Throne.*
The Government at once commenced to assert its authority.
It was announced that the Colonial Secretary had enjoined
upon the Governor an immediate allotment of lands to the
militia; but that the Provincial Government had determined
that no grant should be made in favour of any man who had
supported the Convention movement.
As for Gourlay himself, advantage was taken of an Act of
1804, which would have been worthy of Lord Castlereagh at
a time of absolute danger, to arrest the prime mover. He
was twice tried under it, and on both occasions aquitted.
Under cover of a new Act (1816), however, and on a sworn
information, savouring strongly of perjury, Gourlay, having
refused to depart from the Province, was incarcerated at
Niagara, and kept in durance for months.    Now there can
* Mr. JtcMullen somewhat sneeringly remarks that " Upper Canada was too young for
patriots; and the public welfare was lighly considered when balanced against personal
profit." Page 341. This is to be unjust to both sides; but allowance must be made, no
doubt, for what passes as historical impartiality. 420
THE SCOT IN BRITISE NORTH AMERICA.
be no question about the illegality of the whole proceeding.
Gourlay was arrested under a law which applied only to
aliens, and hev was beyond question a British born subject,
and had never been naturalized in the States, and even if he
had the fact would not have been recognized by the Imperial
Government at that time. The information and commitment
bore falsehoods upon the face of them, and if the unhappy
Scot chafed under the injustice done him, and used violent
language after the arbitrary treatment he had received, who
can blame him ? The man was in fact driven to the verge of
insanity and all that he subsequently wrote proves this conclusively. The opinion of English counsel was taken, and it
was clearly against the legality of the imprisonment. Finally
the prisoner was once more brought to trial, not on the factitious charge of rebellion, but for refusing to leave the Province, and was forcibly banished to the United States. Thus
a man who was a British subject, unconvicted of any offence
known to the law, was expatriated under a statute directed
against aliens.
Now, whatever may be said in disparagement of Gourlay
by literary gentlemen "who sit at home at ease," there
can be no doubt that he really laboured with effect in two
directions. In the first place he was the first to collect statistical information concerning the Upper Province, and thus
recommend it to the world as a suitable field for the emigrant. He had only been a few months in the country when
he submitted thirty-one questions to the chief inhabitants
of every township, with a view of ascertaining definitely
the agricultural capabilities of Upper Canada. There can
be no reason for any sinister interpretation of his motives. TEE SCOT IN BRITISE NORTE AMERICA.
421
Unluckily for himself, however, his final query was interpreted as having a political significance. It would now be
considered an extremely innocent one, even had its purpose
been political. j What, in your opinion, retards the improvement of your township in particular, or of the Province in
general; and what would most contribute to the same ?"
were the words used. The ruling party, however, at once
scented treason in the air, and although Gourlay's intentions
were then strictly non-political, he became thenceforth a
marked man. Forced into the unsavoury slough of partisanship, to some extent from a feeling of natural astonishment, and
still more from the strong stubbornness which characterized
Irim, instead of making his way out of the Serbonian bog as
fast as he could, Gourlay floundered and struggled with his
enemies until he sank in the manner already described.
It is a plausible account of the matter to attribute the
poor man's troubles to infirmity of temper; but the very
laudable attempt he made, apart altogether from party considerations, rendered him obnoxious to the dominant caste.
The Imperial Government were on Gourlay's side, without
perhaps being conscious of his efforts. An Act had been
passed in England to provide facilities for emigration to
Canada, another for the naturalization of aliens ; and finally,
the Upper Canadian Lieutenant-Governor had been commanded to concede grants of land to the complaining militiamen. And yet it was because he sided with the advisers of
the Crown in England that Gourlay was arrested for sedition.
The party in power at York was vehemently opposed to
immigration, either British or American.   It must be borne
in mind that at this time the population of the Province was
G 422 THE SCOT IN BRITISH NORTH AMERICA.
certainly under two hundred thousand, and the influx of
settlers had been comparatively small. But the colonial
government set its face determinedly against any scheme to
augment the population by immigration. Of this there can
be no doubt, since the Chancellor of the Exchequer stated in
the Commons that I the North American colonies had been
so overloaded with emigrants that the Government of Canada had made the strongest remonstrances on the subject."
In plain English the ruling clique desired to preserve the
Province, not exactly for game, but none the less as " a happy
hunting ground " for themselves and their numerous official
hangers-on, civil, military, and ex-military. The colonial
resistance to settlement from without was quite as strenuous,
if not as reasonable, as that of the Australians in after years
to the transportation thither of convicts.
Gourlay, in the freshness of his early innocence and enthusiasm, was entirely ignorant of this determined hostility to immigration He had two objects in view: first,
to relieve the suffering poor of Britain during the melancholy years which followed after the great continental war,
and secondly, to fill up the wilderness of Upper Canada with
a stalwart yeomanry under the Crown. He was an eminently loyal man, and nothing appears to have galled
him more than the accusation of treasonable purposes. So
late as 1838 he was a bitter opponent of William Lyon Mackenzie, because the latter had proposed as his object "independence of European domination for ever." *    Moreover
* Gourlay addresses Mackenzie thus (Banished Briton, No. 2.) :   " Mr. Hume is a little
man, and you, less.   During four years in the United States I have witnessed far worse ■■
THE SCOT IN BRITISE NORTH AMERICA.
423
in the Metcalfe controversy he took strong ground in favour
of the Governor-General. It is clear that no abstract
theories of government troubled him, and if he had been left
alone, Ministries and Assemblies might have done as they
pleased. Still his influence, brief though his career in Canada
was, had an important bearing upon, the future. His Convention—a term he himself disliked because it was American—stimulated the political growth of the colony beyond,
question. From that time forth there was undoubtedly
such a thing as public opinion. The sufferings endured by
Robert Gourlay most certainly shook his reason and utterly
ruined him: but the fruit of his brief labours remain with
us to this day. The Province thus owes to him two inestimable titles to respect. He was the first to lay its claims as
a field for colonization before the world in a detailed and
systematic form; and the first also to stimulate political activity, and usher in the new era of free responsible government.
That he was conscious of no political aim is not at all to
his discredit. He was the forerunner of a new dispensation,
and, like other forerunners, had only a dim appreciation of
its scope and tendency. *    That the treatment he received
than European domination. Vou call yourself a patriot, and fly from home, and enljfc!
scoundrels for the conquest of your country. This is patriotism with a vengeance: but
God will avenge. I am, more in sorrow than in anger, yours, &c, R. F. G. To Gen. Van
Renssalaer, who was mustering the " patriots," he wrote: " David before Goliah seemed
little, but God was with him. What are you in the limbo of vanity, with no stay but the
devil ?'"—a sentence eminently Carlylesque.
* It is only fair to Gourlay, as mention has been made of his ppposltion to the rebels in
1837-8, and his eulogy upon Lord Metcalfe, to quote his views with regard to Lord Durham's Report, which paved the way for responsible government. " It is highly beneficial
to meet and support Lord Durham's Report" (Letter to the Examiner, May 25, 1839)
"Now that we see his report, I am doubly anxious to give him aid. I read it for the
first time this week, and though shortcoming as regards this Province, I am highly delighted with it.   From  beginning to end, it is candid, fearless, straightforward, and to the 424 TEE SCOT IN BR1T1SE NORTE AMERICA.
was not merely unconstitutional and illegal, but simply barbarous, has been acknowledged on all sides. In 1836, Mr.'
Sherwood only contended for a pardon simply because the
■other alternative was an acknowledgment of the injustice
to which he had been subjected. By this time the extraordinary Act of 1816, under which Gourlay was convicted,
had been repealed, avowedly because of its unconstitutionality. The sentence of banishment was kindly annulled, but
the matter did not rest there. In 1841 Gourlay, in a petition to the House, gave a detailed account of his sufferings.
It was referred to a select committee which reported
that the petitioner's imprisonment in 1819 "was illegal, unconstitutional and without the possibility of excuse or palliation." It went on to set forth that the refusal of counsel,
and especially the trying character of the imprisonment,
during part of which Gourlay was confined in a close
cell, I for five weeks in the dog-days," were unjust, unconstitutional and cruel. Sir Allan McNab stated, during the
debate, that he had heard of the sufferings of Mr. Gourlay,
7 O J   *
which he regretted as much as any man.*    A resolution was
point; no useless verbiage—no mystification as in most State papers. In Its very style, Indeed, we have hope that the age of darkness Is over, and that common sense is to have a
chance." And then, he adds, looking regretfully back at his own abortive efforts, "Twenty
years ago, all this information might have been obtained at one-tenth of the cost had
my projects gone Into effect; but the fulness of time, unfortunately for me, was not come."
—Ibid.
* In referring to the case, Dr. Dunlop, of whom mention will be made hereafter, argued
that the Act of 1804 was unconstitutional, as no body on the face of the earth, whether
King, Lords or Commons of Great Britain, or Governor, Council or Assembly sf Canada,
had the power to banish a British subject unconvicted and uncharged with crime. More
over the statute only authorized the banishment of British subjects who had not resided in
the Province more than six months; whereas it was well known that Gourlay had been an
inhabitant for more than two years. He pointed out the absurdity of the judge's decision
that only a freeholder, and not a tenant, can be an Inhabitant—In short exposed the invalidity
of all the proceedings. THE SCOT IN BRITISH NORTE AMERICA.        425
carried unanimously in both Houses to address the Governor-
General praying that the recommendation of the report
might be carried out, and to this address Lord Sydenham
assented on the following day. In 1842, Gourlay petitioned
the House for compensation. The Speaker stated that this
petition was informal, and was couched in disrespectful
language. To this Dr. Dunlop retorted that it was the
natural language of a man who had suffered twenty-eight
years' persecution. Sir Charles Bagot granted Gourlay a
pension of £50 from the civil list; but he appears to have
declined it on the ground that he did not desire to seem a
state pensioner, but a recognised creditor of tbe Government,
and entitled to adequate compensation for wrongs inflicted
upon him, now acknowledged to be such by the Legislature. That Gourlay's reason was unhinged by the sufferings he had undergone there can be no doubt. Naturally of
an irritable temperament, he had endured more than enough
to madden a man of the most equable and patient disposition.
It was not to be wondered at that such a man, conscious of
upright intentions, the victim of acknowledged injustice'
should chafe and fume under a sense of wrong. His imprudent writings were the natural safety-valve by which much
dangerous emotion escaped without harming anyone but
himself. It is to his credit that from first to last, however
his personal wrongs may have crazed him, he never burst
out into wild schemes of rebellion. The very charges under
which he was imprisoned were in his case even technically
absurd. No man ever lived who had a greater horror of
sedition, lawlessness and rebellion than he. But his life
had been wrecked and the whole fair vision of usefulness 426 TEE SCOT IN BR1TISE NORTE AMERICA.
to his fellows blurred, and wiped out by the narrowly conceived action of those who might have made of him a valuable servant to the Province. If his life were a failure, for
which he was in part to blame, or perhaps his inherited
nature, the bulk of responsibility must be borne by those who
misconstrued his motives, and were too exclusive in their
aims to understand the value of his energy and the manly
sturdiness of his nature. In looking over his later utterances
no one can fail to be touched by the irrepressible wail of
pain which comes up from that rebellious and stricken soul.
That his mind was shaken by persecution there is abundant
evidence. His protest against the tyranny in London which
kept him in confinement for three years and eight months
I on the plea of insanity " is sufficient evidence of the fearful
consequences of arbitrary rule. Gourlay possessed the consciousness that his motives were pure and patriotic; that he
was not, in the remotest degree, guilty of anything that
could be construed as seditious or rebellious ; it was equally
clear that the proceedings taken against him, his imprisonment and banishment, were undoubtedly illegal and unconstitutional, as even his opponents subsequently admitted •
and with a man like him a struggle, utterly hopeless as it
was, meant the dethronement of reason, at all events for a
time. Yet when the fit was off him, in later years, when he
ceased to brood over his personal wrongs, no man could be
more prescient, more fertile in suggestion, more practically
helpful than he. It is not gracious to dwell upon his infirmities of character, because 'under more auspicious circumstances he certainly would have been a patriotic worker of
the highest order.    He fell upon evil times, however, and TEE SCOT IN BRITISH NORTH AMERICA. 427
the energy and fiery impetuosity which might have done
effective service in a young country was pent up until it
broke its bounds and was dissipated in aimless brawlings,
to be finally lost in the bosom of the remorseless sea, where
alone it found eternal rest. With the after events of Gourlay's life we are not here concerned. He survived until
1863, when he died in Edinburgh, having attained the age
of at least eighty years. Like other men who have passed
the prime of life in turbulent excitement, he outlived all the
struggles of the past, and nearly all the actors in them, and
passed serenely away, with religious confidence, and the
sense of old wrongs forgotten. There in the tomb we may
leave him, with the simple reflection that, in spite of weaknesses and infirmities of temper, no man in our Provincial
history, who intended to do so much for his adopted country,
was privileged to do so little. Partly himself at fault, he
was only measurably so. He appeared too early, and the
enthusiasm of his nature which might have been of so much
utility to his adopted country was wasted like a bud in the
later frosts of spring. He was at any rate the harbinger of
better times to come, and, amongst the Upper Canadian
pioneers of progress, there should be a conspicuous niche for
poor Robert Gourlay.
Having thus sketched the career of the first Canadian Re-
former, it may be well to introduce to the reader's notice a
strong, hard-headed, but generous-hearted Scotsman, who
made an imposing figure on the other side in the early annals
of Upper Canada. It is not so long since the lithe, slight
figure of Bishop Strachan was a familiar sight in the streets
of Toronto.    The dapper little man, clad in orthodox episco- 428
THE SCOT IN BRITISH NORTH AMERICA.
pal fashion, with knee-breeches and gaiters, must have been
amongst the earliest reminiscences of young men still on the
sunny side of thirty. The brisk gait of the old Bishop, the
cheery greeting, the subdued whistle of " Bonnie Dundee,"
are amongst the-writer's earliest recollections of a man who
played no small part in the affairs, ecclesiastical and political,
of this country. The biography of the great Upper Canada
prelate of the Church of England has been so often presented
to the public that it does not appear necessary to do more
than sketch it in outline. * In whatever aspect the character of Dr. Strachan may be viewed, there is no mistaking
the strength and consistent earnestness of the man. As
Mr. Taylor has well remarked, " men knew where to look
for, and where to find him. He took no tortuous course, for
he detested all crooked ways;" *f* it might have been added
"with the strong conscientiousness of a Scot." His judgment,
may at times, have erred; but he was, above all things, a
brave, true man throughout.
John Strachan was born at Aberdeen on the twelfth of
April, 1778, and received his early education at the Grammar-school of that city. j His father was a poor man,
straitened in circumstances; yet with the characteristic
ambition of a Scotsman he had determined that his son
should be well equipped' for future conflict with the world.
Whatever else may be laid to the charge of the Scot, he,
* Our chief authorities In addition to the other ordinary histories are Fennings Taylor
Dr. Scadding in a brochure entitled The First Bishop of Toronto ; a Review and Study?*
and Morgan in Celebrated Canadians, and the Bibliotheca Canadensis.
t Portraits of British Americans.   Second series, p. 154.
X Mr. McMullen sneers at the " the little classical learning" the Bishop picked up there,
evidently from ignorance of the thorough drilling which the pupils underwent in those old.
borough seminaries. TEE SCOT IN BRITISE NORTH AMERICA
42»
at all events, stands acquitted, by universal consent, of neglecting the future of his offspring. To place the sons in a
better position than their father; above all to equip them
with a solid education, moral and religious, no less than
secular, is the persistent aim of every cotter in the Highlands
and Lowlands, who has no other portion to give his children
when he sets them adrift upon the ocean of fife. But to
secure that generous purpose he toils and works without
regard to self, and when the fruit of his. labour appears in
the early successes of his sons, he is willing to thank Godr
and lie down in death, with his inward vision turned upon a
field only now springing up with the promised grain, to see
it, in affectionate imagination, whitening to the harvest. *
John Strachan did not complete his education, as the historian,
supposes, at the Grammar-school. As he himself has sjjpted,,
he finished his terms at King's College in 1796, and proceeded
to a Master's degree.
It was no doubt a proud epoch in the future Bishop's life
when he was declared the successful candidate for the parochial schoolmastership of Kettle. He was then an undersized, fresh and sturdy youth of nineteen, and when he presented himself before the Kirk Session, they were somewhat
dismayed at the choice which a competitive examination
had forced upon them. They did not then know the energy
and will-strength of the man with whom they had to deal,,
and consequently installed him in office with not a few misgivings.    There were nearly a hundred and fifty pupils in
* Carlyle's Reminiscences show how a Scottish son can reverence the self-denying work
of a Scottish father; and the perusal of his noble eulogy upon his parent calls to mind
another picture of Scottish family life in The Cottar's Saturday Night. 430
TEE SCOT IN BRITISE NORTE AMERICA.
the school, among them Sir David Wilkie, the artist, and
•Commodore Robert Barclay doomed to misfortune on Lake
Erie, from no fault of his own.* John Strachan remained
I dominie " of Kettle for three years, when an invitation to
Canada came to change the current of his life. It was
towards the close of the eighteenth century, that some liberal
friends of education, anxiously contemplating the proposed
■establishment of a high school and university, bethought
them of applying to Scotland for a teacher to whom- they
could confide the training of their sons.*f* Amongst these
the most directly instrumental in securing Mr. Strachan's
services was the Hon. Richard Cartwright, a man of enter-
prize and far-sighted views, the grandfather of Sir Richard
Cartwright, the ex-Finance Minister of our own time.
Towju-ds the end of 1799, the future Bishop, still of course a
Presbyterian, sailed from Greenock, by way of New York;
but so wretched were the passage and the means of inland
transportation that Kingston was not reached until the last
day of the year. Mr. Strachan's first experience of Upper
Canada took the form of disappointment. Had nothing
more offered itself than the prospect of tutorship, the " dominie " would probably have remained at Kettle, until something turned up in one or other of the universities of his
* The Bishop, in referring to this period of his life, said long afterwards of Barclay, " he
■was a youth of the brightest promise, and often have I said In my heart that he possessed
■qualities which fitted him to be another Nelson, had the way opened for such a consummation."
t "The families referred to—Hamiltons, Stuarts and Cartwrights—when'casting about
for the education of their sons appear to have looked toward Scotland rather than England,
partly perhaps from national predilection, and partly from a reasonable impression that the
economic and primitive university system of Scotland was better adapted to a community
constituted as that of Upper Canada then was, than the more costly and more complicated
systems of England.'   Scadding: The First Bishop of Toronto, p. 12. THE SCOT IN BRITISE NORTE AMERICA
431
native land. But there was a prospect that he might, within
a reasonable time, be placed at the head of an Upper Canada
university. Governor Simcoe, with that statesmanlike prescience which characterized him throughout an official term
all too brief for the Province, had from the first made the
establishment of a university his " first and chief" desideratum.* Unfortunately the first Governor had been removed
before his patriotic scheme was carried into effect, and just
when Mr. Strachan arrived at Kingston, there seemed to be no
prospect that either the university or grammar school system
would be attempted for the present. Mr. Cartwright recognised the trying position of the young teacher, and generously set himself to work on his behalf. He had four sons
himself, and his friends could add to the number of pupils
and so provide the young Scot with an honourable and fairly
remunerative living until the plans of the Government were
matured. Mr. Cartwright was a sincere and active member
of the Church of England, and, by his advice, the tutor betook himself to the study of divinity. Dr. Stuart who, in
some sort, represented the Bishop of Quebec, advised him in
the same direction. The result was that the future Bishop
received deacon's orders in 1803.
Of course it is open to anyone to_ say that Mr. Strachan
was actuated by personal gain, or even ambition, in taking
this step.    No one who knew him will entertain the suspicion
* On the 20th July, 1796, in a despatch to the Secretary of State, he proposed that one-
seventh of the Crown Lands should be sold for public purposes, " the first and chief of which
I beg to offer, with all respect and deference to your Grace, must be the erection and endowment of a university from which more than from any other service or circumstance
whatsoever, a grateful attachment to His Majesty's Government, morality and religion will
be fostered, and take root throughout the whole Province."   Portraits, &c, p. 162. 432
TEE SCOT IN BRITISE NORTH AMERICA.
for a moment. Throughout his life he was eminently tolerant in his views, and what is more to the purpose, eminently practical. The prevailing tendency in the Province
was towards Anglicanism. He saw that to be useful he would
be compelled to surrender inherited views or prejudices regarding church government. So far as essentials were con-
cerned he never changed his views in the slightest degree;
nor is there any reason to believe that he dissembled or
affected an alteration of theological opinions from motives of
wordly ambition. At that time, there was the slenderest
prospect of ecclesiastical preferment; but he saw that some of
his Scottish friends were Episcopalians, and that so as to be of
use to them and their children it would be wise to adopt the
formulas of the Church to which he had been opposed in his
youth. It may well be believed that to him it was a sacrifice, not a betrayal. Those who had the fortune to meet him
in later years, know well the thorough catholicity of his
nature. He never disguised his own views, or simulated
belief in opinions his conscience disapproved; indeed, on
occasion, he could be rather too outspoken. But he was
eminently charitable to all who differed from him, an apostolic churchman, worthy of the primitive age. And it .was
that essentially Christian spirit which animated him when
he left the church of his fathers and became an Anglican.
Stern and inflexible in matters of principle, he could fraternize with fellow-believers of every creed, Protestant and
Roman Catholic alike. His own'opinions were well known,
for he never disguised them; the warm geniality of his nature prompted him to recognise the substratum of truth
where, to his view, it was overlaid with an unhappy in- TEE SCOT IN BRITISE NORTH AMERICA.
crustation of error. His own theology, like all else that he
cherished, was crystalline and clear; but he held, in the
depths of a fervid and eminently philanthropic nature a deep
regard for all who loved his Master " in sincerity and truth "
There was still another reason for the change of denomi-
nation. Mr, Strachan's father was an Episcopal non-juror—
a, champion of the lost cause of the Stuarts, and his earliest
recollections of church services were those he attended with
his father at Aberdeen, presided over by Bishop Skinner. Subsequently he habitually accompanied his widowed
mother to the Relief Church, of which she was a member.
He was thus only a Presbyterian by accident. When he
arrived at Kingston, and was thrown in contact with the
Rev. Dr. Stuart, who, although an Anglican, was the son of
& Presbyterian, Mr. Strachan was naturally attracted to the
Church of his father. There is no pretext for imputing interested motives to the future Bishop at all, since at the
time his future was a sealed book, and there was no reason
why he should prefer one communion to the other, except
from deliberate choice. That he retained to the last the
confidence and friendship of so noteworthy a Presbyterian
as Dr. Chalmers, with whom he regularly corresponded until
the great Free Churchman's decease in 1847, is sufficient
evidence that the rectitude of his motives was recognised
by one whose moral standard was confessedly high. The
Bishop of Niagara, who was afterwards one of his pupils, at
Toronto, has given a graphic description of Mr. Strachan's
methods, and of his remarkable success as a teacher. *   His
Fennings Taylor ; Portraits of British Amerie^. p. 168. 434 THE SCOT IN BRITISH NORTH AMERICA.
great care was to interest the boys in their studies, and to
draw out their latent capabilities by attractive means. To
him education meant what its etymology implies, not cramming, but development. Perhaps no instructor could boast
of a larger number of pupils who obtained eminence in
after-life. Chief Justice Robinson, and his brother the Hon,
W. B. Robinson, Chief Justices Macaulay and McLean, Judge
Jonas Jones, Dean Bethune, of Montreal, and his brother,
Bishop Strachan's successor in the see of Toronto, the Hon.
H. J. and G. S. Boulton, Col. Yankoughnet, father of the
Chancellor, Donald iEneas Macdonell * and others sat at the
feet of the ex-dominie of Kettle.
Dr. Strachanf removed to York, at the instance of General
Brock, and, in 1812, became rector of York. For the first
time he now entered the political sphere, by taking the initiative in forming a loyal and patriotic society. The times
were out of joint; war was imminent, and, with characteristic vigour, the new rector came to the fore. There was a
strong heart beating beneath the ecclesiastical vestments, and
he had an opportunity soon of showing his mettle. When
the long expected shock of war came on, there never was a
busier or more useful man than Dr. Strachan. It has been
remarked that when York was taken, he was " priest, soldier,
* Mr. Macdonell only died the other day. Born in Cornwall In 1794, he was an early
pupil of the Bishop's. In the year 1812, he was with the Glengarries at Lundy's Lane,.
Stoney Creek and Sackett's Harbour. Entering the 98th, he served for some years in the
piping time of peace, and then returned to Canada. During the Rebellion he commanded
a corps, and was returned three times for the United Counties of Stormont, Dundas and
Glengarry. After enjoying the Shrievalty for some years he became Warden of the Provincial Penitentiary, an office he filled for over twenty years, resigning in 1869. At the time
of his death, he was over eighty-six years of age.
t He was made an LL.D.  by the University of St. Andrews in 1807, and a D.D., in the
same year by that of Aberdeen. «—
THE SCOT IN BRITISH NORTH AMERICA.
435
and diplomatist" all in one.    At the capture of York he was
incessantly active.    After the explosion, by which General
Pike was killed at the old fort, the Americans threatened
vengeance upon the defenceless town which had been evacuated by General Sheaffe and his forces.   The rector, however, was eqijal to the occasion; and, as a contemporary writer-
puts it, I by his great firmness of character saved the town
of York in 1813 from sharing the same fate as the town of"
Niagara met with some months afterwards."    The sturdy
clergyman at once visited General Dearborn, and threatened
that if he carried out his threat of sacking the town, Buffalo,.
Lewiston, Sackett's Harbour and Oswego should be destroyed
so soon as troops arrived from England.    His earnestness-
and determination moved the American, and he spared the-
little Yorkers from any systematic burning and plunder.
But all the danger was not over; marauding parties- wandered about the town seeking for plunder, and not unfre-
quently were confronted by the sturdy little rector. On
one occasion two Yankee soldiers visited the house of Col.
Givens, who was an officer in the retreating army. The inmates were absolutely helpless, and the marauders made off
with the family plate. Dr. Strachan at once went after
them, and demanded back the stolen property. Under the
' circumstances this was a singularly courageous thing to dor
and apparently a hopeless one. But the rector was a man
of unwavering resolution, and managed at last, without any
other weapon than that which nature bad placed in his
mouth to secure the return of the goods to their rightful
owners. The pluck and bravery displayed by him throughout that trying time showed sufficiently the real " grit" of 436 TEE SCOT IN BRITISE NORTE AMERICA.
the man, and the boldness and strength of will shown then,
characterized his life. In resolution and determined perseverance, he was every inch a Scot.
In 1818 began Dr. Strachan's public fife in the ordinary
sense of the term; for he was then nominated an executive
councillor and took his seat in the Legislative pouncil. He
remained a member of the Government until 1836, and of
the Upper House up to the union of the Provinces in 1841.
There was nothing singular in these appointments; nor do
they seem to require the elaborate defence offered for them
by Dr. Strachan's biographers. The state needed all the
-available talent at its disposal in those days, much as England was sorely bested in the old days when prelates were
Lord Chancellors. Moreover the constitutional theory
then in vogue required at least some approach to English
theory and practice. That " the image and transcript" was
a pale and bloodless simulacrum must be conceded; the
forms were there, but the substance was to come thereafter.
Dr. Strachan was not then a Bishopj indeed he only became
Archdeacon of York in 1825. But, as Dr. Scadding and
Mr. Fennings Taylor remark, he was the most prominent
churchman at York, and, therefore, naturally came forward
as the representative of religion in the councils of the state,
on as clear a title at all events as the first Protestant Bishop
•of Quebec when elevated to the rank of an Executive Councillor in the Upper House upon his arrival.*
* There Is another possible reason why the Bishop and Dr. Strachan were made Executive
•Councillors. Under the old French regime, even before their appointment as Bishops, and
more than once during an Episcopal Interregnum, Vicars-General sat at the Council Board
at Quebec as of right. It Is at any rate probable that after the conquest, and especially
when a new Church establishment was contemplated, the Governors resolved to remain TEE SCOT IN BRITISH NORTH AMERICA.
About the time of Dr. Strachan's appointment as councillor, began the politico-ecclesiastical conflict which was only
brought to a close within the memory of the existing o-ener-
ation.    By the Imperial Act of 1774, which conceded to the
Gallican clergy the right to collect tithes, provision was made
for the support of 1 a Protestant clergy;" and in 1791, one-
seventh of the lands was set apart for that purpose in Upper
Canada under the name of Clergy Reserves.    Dr. Scadding
is no doubt in the right when he interprets the intention of
the Imperial Government to have been the establishment of
the Church of England in the one Province as an off-set to
the quasi establishment of the Roman Catholic Church in the
other.    But it is not so much with the aim of Parliament
as with the letter of the statute that we have to do.   Even
though it be taken for granted that by " a Protestant clergy,"
the Government meant the clergy of the Established Church;
the question still remains, which of those which are by law
established in Great Britain and Ireland?   North, of the
Tweed, the Presbyterian communion was the State Church
and Episopalians were Dissenters ; south of it, the latter
formed the establishment.   Across the channel, both were
endowed, although the  Anglican Church maintained the
supremacy, with representatives in the House of Lords.    If
then, in a new country, towards which people of all the great
religious communions were tending, by " a Protestant clergy "
were meant the Anglican clergy, why was the ambiguous
phrase adopted ?   The Presbyterian faith was established in
Scotland and Ireland, and there seemed no valid reason why
faithful to ancient precedent throughout the Province.   After 1791, of course, the same
system would naturally be maintained. 438
THE SCOT IN BRITISH NORTH AMERICA.
it should cease to be in as favourable a position in Upper
Canada. Moreover, the Nonconformists, especially the earnest
and growing Wesleyan-Connexion, as well as the older Con-
gregationalists could not be excluded under the terms of the
land reserve. No one could fairly deny to them the title of
Protestant I indeed they were, perhaps, more distinctively
Protestant than the Church of England which has always
disclaimed the term.
The immigration which set in after the peace of 1S15,
had been of a somewhat miscellaneous character, and so it
came about that grave discontent arose amongst the new
settlers, occasioned by reserves and grants of all sorts, especially those set apart for the clergy. They were, for the
time, in the dead hand of the Church, obstructed settlement,
and where every seventh two-hundred acre lot was thus
closed up and fenced about ecclesiastically though not literally, there was certainly some reason for complaint. In
1819, the Presbyterians of Niagara petitioned the Lieutenant-Governor, Sir Peregrine Maitland, for a grant of £100
for the support of a Scottish Church minister, and boldly
hinted that the grant should come from the funds arising
from the Clergy Reserves. This memorial was forwarded in
due course to Earl Bathurst, the Colonial Secretary, who
replied that the Reserves were intended for the Established
Churches of England and Scotland, and not for | the denominations," referred to by the Governor. This dispatch at
once aroused Dr. Strachan, who in 1823 forwarded a memorial protesting against the attempt to distribute funds intended for the Anglican Church*   The rector of York, to
* One extract from this memorial will suffice, "They" (the petitioners) " are impelled by
a sense of duty most earnestly, though most respectfully, to deprecate the rivalry to the THE SCOT IN BRITISE NORTH AMERICA.
439
be rightly understood, must be viewed from his own standpoint. He had a deep and sincere veneration for the English
constitution, and naturally regarded the Anglican Church as
one of its chief pillars. The image and transcript of old
country institutions could not be regarded as complete, he
thought, unless the Church were not merely established, but
represented also in the councils of the Province.* Dr.
Strachan was eminently a patriot; such he showed himself
to be from first to last. That he erred in his political course
we may readily admit; but in so far as he did so, he merely
thought and acted like other men who floated on the current
of the time, instead of attempting to stem it. His course
during the war, and subsequently, when it appeared necessary to meet the false aspersions and mis-statements of American historians, made him the special champion of Upper
Oanada.
His somewhat narrow creed, political no less than ecclesiastical, may be readily condoned when one contemplates
bds vigour and patriotic impulse. It is easy to affect contempt for a strong character like his ; but it asserted itself
during a long life, and bore well the wear and tear of nearly
ninety years of unflinching exertion for the public weal, as he
regardedit. Certainly on the two great questions about which
Dr. Strachan was so keenly concerned, he was doomed to
disappointment.    The law officers of the Crown decided that
Church of England and those endless evils of disunion, competition aud irritation of which
a compliance with the ministers of the Kirk of Scotland cannot fail, in the opinion of your
Lordshlp's petitioners, most widely to scatter the seeds." The memorial goes on to urge
the need of unanimity in religion, by "a judicious protection of the English Church establishment already formed, and the completion of the plan already provided by the wisdom of the Government."
* McMullen, in his history, utters some harsh words about the Bishop, not to be justified by any impartial judge of the spirit of the time.   See especially p. 350. 440
THE SCOT IN BRITISH NORTE AMERICA.
the Clergy Reserves were not intended exclusively for the
Anglican Church.    As there were two established churches,,
each equipped with >ca Protestant clergy," they were of
opinion that the Church of Scotland had an equal right
with the sister communion to a share in the land endowment.
They went further still, and vindicated the claims of other
Protestant denominations, known as nonconformist in England.    No sooner was this conceded by Parliament than
the entire ground was cut from beneath the feet of those who
advocated a monopoly in state support for religion.    Before
the Union of 1841, no less than sixteen measures which had
passed the Lower House for the secularization of the Reserves were rejected in the Legislative Council.   The Act
of 1840 provided simply for a redistribution; and under itr
one-half was devoted to the Anglican and Scottish Churches,,
and the other to purposes of " public worship and religious-
instruction, among the remaining denominations, according
to the discretion of the Governor in Council." *    As this-
burning question will thrust itself frequently upon our attention hereafter, it is only necessary to note here that after
a series of bitter struggles lasting over more than thirty
years, it was finally set at rest by the Act of 1854.   During-
the whole period, Dr. Strachan was faithful to his principles,,
mistaken as they now appear to everybody to have been.
In matters relating to ecclesiastical supremacy  he could
brook no compromise.   Agreeable in personal intercourse, he
was stern and inflexible whenever the cause he had most
sincerely at heart seemed to be in jeopardy.   In 1836 he
resigned his place as Executive Councillor, and in 1839 be-
' Scadding, p. 44. TEE SCOT IN BRITISH NORTH AMERICA.
441
came the first Bishop of Toronto. The following year he
ceasedtobe ameinberof the Legislative Council, and abstained
thenceforth from taking any part in public affairs, save in
that department which may be termed church politics.
The other subject of intense interest with him was the Provincial University. How the first flush of his hopes had
been disappointed has already been recorded. Twenty-eio-ht
years elapsed before any attempt was made to carry out the
project of Lieutenant-Governor Simcoe. In 1827 a royal
charter was granted in favour of King's College. The charter
was drawn no doubt mainly on the lines laid down by the
.archdeacon himself. It was to be essentially an Anglican
university. In the four faculties, all the Professors were to
be " members of the Established United Church of England
and Ireland," and were required " to severally sign and subscribe the Thirty-nine Articles." The only liberal provision
in it was an exemption from any religious test on the part
■of students and graduates in faculties other than that of
divinity. King's College was not opened until ] 843, and
•in 1850 all that made it valuable in the Bishop's eyes was
eliminated. All that was distinctively Anglican disappeared.
The faculty of divinity was abolished and, so far as education was concerned, " all semblance of connection between
church and state " proclaimed afterwards in the preamble to
the Clergy Reserve Act, was done away.
The venerable Bishop was equal to the emergency, for
the old fire was not yet dead, although it burned in an aged
bosom which had breasted the tide of life during more
than seventy years. His mission to England was a wonderful effort at his advanced age.    Yet in little more than 442
THE SCOT IN BRITISH NORTH AMERICA.
six months he returned with the first fruits—some sixteen
thousand pounds sterling.* In the spring of 1857 the
corner-stone of Trinity College was laid, and in the beginning of the following year the building was so far completed
as to be fit for occupation. The Royal Charter was secured
in 1853. Thus, by the inextinguishable ardour and energy
of one zealous prelate was the purpose of his life at last
secured. It may be doubted whether the experiment of a
rival University was a wise one, since the establishment of
a Divinity Hall was all that the crisis required. By the
time that Trinity University was established, the people
generally— the bulk of the laity certainly—had come to the
conclusion that religious training for the clergy was a matter
entirely alien from the purposes of state endowment. In a
short time after, whether wisely or unwisely it is not necessary to' discuss here, the Legislature resolved that no specially professional education should be given in University
College, and the faculties or law and medicine shared the
fate of the divinity staff. This radical measure may be open
to some objection. Certainly it does seem, in one or two respects, to have maimed our educational system. • A liberal
culture which excludes a fair modicum of instruction in the
constitutional history and polity of the country, in its jurisprudence generally, and in the broader facts of physiological
and hygienic science, appears to be singularly defective in
character.
To Bishop Strachan, the University was-nothing if not
rounded and complete in all its parts—modelled after the
v Dr. Scadding mentions as a noteworthy circumstance that the circular of '* the committee
of friends " was signed by Mr. Gladstone. THE SCOT IN BR1T1SE NORTH AMERICA.
443
ancient foundations of England and Scotland. He had no
patience with lop-sided institutions; and, having determined
to make an Anglican university, he resolved that it should be
one in fact as well as in name. In other directions, the memorable prelate certainly effected work of unquestionable value.
So soon as the severance between Church and State had
been formally proclaimed, his administrative and legislative
tact was employed in placing the Anglican Church upon a
sound governmental basis. To him the laity of that communion owe it that they are represented in the Synods of the
church as substantially as with the Presbyterians. The
elders of the latter correspond with the lay delegates of
the former; they are elected alike by the members of congregations, and have given a stimulus to parochial and church
life generally, which cannot be estimated too highly.
The Bishop's later years were passed in efforts to extend,
the usefulness of the Church to which he was so ardently attached, and to promote harmony amongst the various types
of thought, doctrinal and ceremonial, within its pale. He
was a warm-hearted man, unspoilt by the fierce contentions,
political and ecclesiastical, through which he had passed.
Like other ardent spirits, he was at once dogmatic and tolerant ; firm, not to say stubborn, in opinion; yet in practice
catholic, and systematically benevolent. During the evening of his long and. eventful life, the venerable Bishop was
universally respected by men of all creeds and political parties. The embers of departed struggles had burned themselves out, and everyone felt respect for the statesman-prelate
who served as the chief remaining link between a distant
and almost forgotten past, and the new and altered life of 444 THE SCOT IN BRITISH NORTH AMERICA.
the present. That he had combattedthe reforming spirit of
progress in the earlier time, and had failed, was no ground
for prejudice in menjs eyes, now that the battle had been lost
and won. It was enough that Dr. Strachan was active,
earnestly human and undaunted even when the people had
decided emphatically that he was mistaken in his zeal, as
well as in his methods. So, at the last, when he .was almost
alone in the world, bereft of domestic solace, he found human
sympathy from the large and liberal heart of the entire community* He had lived in the Province and been a conspicuous actor in its affairs from the days of Governor Simcoe to
the opening year of confederation, and died on the second of
November, 1867, in the eighty-ninth year of his age, manful,
energetic and courageous to the last. Funereal pomp is not
always the evidence of either respect or regret. Still there
was no mistake about the sincerity of the tribute paid to the
deceased Bishop. The two universities with whose early fortunes his name was indissolubly associated, the national societies, the clergy of all churches, Protestant and Catholic-fall the civic dignitaries and institutions, were fully represented on the occasion.    It was not without significance that
* " For several years before his departure hence, however, his well-known form, caught
sight of in the streets, or at public gatherings for patriotic or benevoleut purposes, had
him regarded and saluted with the same kind of universal Interest that used to accompany
the great Duke towards the end of his career, In the parks and squares of Loudon."' Dr.
Scadding, p. 66.
t Bishop (now Archbishop) Lynch took part in the mournful procession, and his presence
there reminded the writer of an incident which occurred some four years before. In connection with a philanthropic movement on foot at the time, it had been resolved that the aid
of two Bishops should be solicited. The Mayor and those associated with him, first visited Dr.
Strachau, who received them with a cheery smile, and, when informed that the delegation
intended to visit the Catholic Bishop, he looked up and said in that hearty, but rather
rough Fifeshire accent of his: " Ech, Dr. Lynch is a fine mon, and a great frien' of mine; we
often hae a crack thegither." In turn, the Catholic Bishop expressed himself with equal
warmth touching his rival In the See, but his friend by the hearth. THE SCOT IN BRITISH NORTH AMERICA.
445
the troops, regular and other, lined the streets and that
the strains of martial music were heard at the burial of one
who was first a churchman of the militant type, and next a
patriotic citizen. The new order had succeeded to the old;
but the military authorities had not forgotten the brave
rector who stepped into the breach, when the invader attempted to sack the town wherein he lived and died. With
many, perhaps with most, of Bishop Strachan's earlier views
it is impossible to express more than a qualified sympathy ;
still he was a brave, strong, conscientious man, rough-hewn
in some respects, yet worthy of sincere admiration for all the
good he accomplished,apart from the theories he held concerning church and state. Scotland has no reason to be ashamed
of her prelate-son, since the weaknesses of his policy were
frustrated, and only the sturdy, sharply-cut figure of the
courageous little Bishop remains as a salient example of good
Scottish pluck, energy and perseverance.
We have already alluded to Dr. Dunlop, and this appears
as fitting a place as any that may present itself hereafter to
sketch a character singularly eccentric and almost bizarre.
William Dunlop was born at Greenock, in the last decade of
the eighteenth century. He came to Canada with Mr. John
Gait—of whom hereafter—in 1826, and took part in the
founding of Guelph. He had been an old contributor to
Blackwood's Magazine, and was intimately acquainted with
John Wilson, Maginn, Hogg, and the whole circle celebrated
in | The Recreations of Christopher North." He resumed
his contributions to Blackwood after his arrival in Canada,
and their character may be inferred from the title of one of
them : " The Autobiography of a Rat."    In an article from 446
THE SCOT IN BRITISH NORTH AMERICA.
Fraser, quoted by Morgan * we find some interesting details of his early career.   He was a surgeon in the Connaught
Rangers (88th), of all regiments in the world, for some years,
and served in America from 1813 to 1815.    Thence he accompanied the regiment to India, where he edited a newspaper, hunted, and lived convivially after the old Edinburgh
fashion:   At last the jungle fever laid him low, and he was
compelled to return home on half-pay.    His next move was
a characteristically eccentric one.    He delivered a course of
lectures on medical jurisprudence at Edinburgh, described as
a mixture " of fun and learning, law and science, blended
with rough jokes and anecdotes, not at all of the most prudish nature."   He then went to London and played the editor
for a time in his usual jaunty fashion.    Sometimes leading
articles appeared ;   at others, the British Press appeared
without them, especially when he had more serious work on
hand.    He had a strong antipathy to the French, and, on a
significant change of Ministry under the Bourbons, he simply
wrote: " We perceive that there is a change of Ministry in
France; we have heard of no earthquakes in consequence."
He next published an edition of Beck's Medical Jurisprudence, and started the Telescope, a Sunday paper, | the history of which would be a comedy of the drollest kind."    It
fared tolerably well; but after a year, he got tired of it, as
he did of most other undertakings which involved continu-
ous labour.   In 1825 when the stock mania was at its height,
Dr. Dunlop was interested in brick, iron, salt, and other
companies either as secretary or director.   He superintended
Mb. Canaden, p. 112. THE SCOT IN BRITISH NORTH AMERICA. 44f
the salt works in Cheshire. 9 But," says Fraser, 9 as the
Tiger is an honest fellow—a strictly honest fellow in every
sense of the word—it is perfectly unnecessary to state that
he made nothing of the bubbles except what salary he may
have received." About the same time, he founded a club
bearing the peculiarly euphonious name of I The Pig and
Whistle."
In 1826 the Doctor came to Western Canada in company
with John Gait, and still continued his contributions to the
press in England and here. He wrote for the literary and
political press—for the former chiefly in the Canadian
Literary Magazine of York, and the Literary Garland of
Montreal. In 1836 he founded the Toronto Literary Club,
before which he frequently lectured. The first Union Parliament met in 1841 at Kingston, and Dunlop was returned
to it from the County of Huron, a constituency he represented until 1846, when he resigned ; his death took place
in 1848. During his brief public career, the Doctor was a
general favourite, partly on account of his well-known eccentricity, and partly from the racy character of his speeches.
He was a forcible, but scarcely an eloquent, speaker; yet,.
no sooner was he expected to speak than the House filled,
at once.
Dr. Dunlop had a brother almost as eccentric as himself,
residing with him, and they kept a housekeeper possessed of
means, from whom they had been compelled either to borrow
money, or, what was much the same thing, to go in arrears
in the payment of her wages, in order to tide them over an
emergency. It was found, on an examination of the accounts, that they were hopelessly in her debt; the Doctor, 448 TEE SCOT IN BRITISE NORTH AMERICA.
therefore, startled his brother by stating that the only way
cut of the difficulty was for one or other of them to marry
Betty. This was agreed upon at last, and the Doctor gave
his brother a penny with which to toss up for the wife. It
is said that the coin had two heads, so that there was after
&\\ no element of chance in the matter. The coin went up,
the Doctor cried, " heads," and of course head it was. The
housekeeper was nothing loth, and the brother was married
to her without unnecessary delay. Doctor Dunlop was unquestionably a most eccentric man; but he had a strong
practical vein in him, and although somewhat fitful at work,
could, on occasion, as in the service of the Canada Company, approve himself a man of vigorous energy and intelligence. No sketch of the man would be complete which did
.not conclude with a copy of his will. As a mutilated version has often appeared in the press—indeed, it appears to
go the rounds periodically—a correct copy is here given from
the Surrogate Court records of the County of Huron.* It
reads as follows:—
In the name of God, Amen.
I, William Dunlop, of Fairbraid, in the Township of
•Colborne, County and District of Huron, Western Canada,
Esquire, being in sound health of body, and my mind just
as usual (which my friends who flatter me say is no great
.shakes, at the best of times), do make this my last Will and
Testament as follows, revoking of course all former wills :—
I leave the property of Fairbraid, and all other landed property I may die possessed of to my sister Helen Boyle Story,
* To the kindness of Mr. John Macara, of Goderich, the writer is indebted for this docu-
■ment, as well as for access to a rare volume of Canadian political pamphlets. TEE SCOT IN BRITISH NORTH AMERICA. 449-
and Elizabeth Boyle Dunlop, the former, because she is-
married to a minister whom (God help him) she henpecks..
The latter because she is married to nobody, nor is she
like to be, for she is an old maid, and not market-rife
And also, I leave to them and their heirs my share of tbe
stock and implements on the farm; Provided always, that
the enclosure round my brother's grave be reserved, and if
either should die without issue, then the other to inherit
the whole.
I leave to my sister-in-law, Louisa Dunlop, all my share-
of the household furniture and such traps, with the exceptions hereinafter mentioned.
I leave my silver tankard to the eldest son of old John, as=
the representative of the family. I would have left it to
old John himself, but he would melt it down to make temperance medals, and that would be sacrilege—however, I
leave my big horn snuff-box to him, he can only make
temperance horn spoons of that.
I leave my sister Jenny my Bible, the property formerly
of my great-great-grandmother, Bethia Hamilton, of Wood-
hall, and when she knows as much of the spirit of it, as she
does of the letter, she will be another guise Christian than
she is.
I also leave my late brother's watch to my brother Sandyr
exhorting him at the same time to give up whiggery, radicalism, and all other sins that do most easily beset him.
I leave my brother Alan my big silver snuff-box, as I am
informed he is rather a decent Christian, with a swag belly
and a jolly face. 450
1HE SCOT IN BRITISH NORTH AMERICA.
I leave Parson Chevasse (Maggy's husband), the snuff-box
I set from the Sarnia Militia, as a small token of my gratitude
for the service he has done the family in taking a sister that
no man of taste would have taken.
I leave John Caddie a silver teapot, to the end that he
may drink tea therefrom to comfort him under the affliction
of a slatternly wife.
I leave my books to my brother Andrew, because he has
been*so long a Jungley Wallah that he may learn to read
with them.
I give my silver cup, with a sovereign in it, to my sister
•Janet Graham Dunlop, because she is an old maid and pious
and therefore will necessarily take to horning: And also my
Granma's snuff mull, as it looks decent to see an old woman
taking snuff.
I do hereby constitute and appoint John Dunlop, Esquire,
of Fairbraid; Alexander Dunlop, Esquire, Advocate, Edinburgh ; Alan C. Dunlop, Esquire, and William Chalk, of
Tuckersmith; William Stewart and William Gooding, Es-
quires, Goderich, to be the.Executors of this my last Will
and Testament.
In witness whereof I have hereunto set my hand and seal
the thirty-first day of August, in the year of our Lord one
thousand eight hundred and forty two.
(Signed)       W. Dunlop.       L.S.
The above Instrument of one sheet was, at the date thereof, declared to us by the Testator, William Dunlop, Esquire,
to be his last Will and Testament, and he then acknowledged
to each of us, that he had subscribed the same and we at THE SCOT IN BRITISE NORTE AMERICA. 451
his request,  signed our names hereunto as attesting witnesses.
(Signed) James Clowting, \
I Patrick McNaughton, I    L.S.
I Elizabeth Steward.     ;
I, Daniel McDonald, Registrar of the Surrogate Court of
the County of Huron, hereby certify that the within is a true
and correct copy of the original last Will and Testament of
the said William Dunlop, Esquire, deceased.
Given under my hand and seal at Goderich, in the said
County, this eighteenth day of April, in the year A.D. 1881.
(L.S.) D. McDonald, Registrar.
To return to the period properly under review, Robert
Gourlay, driven to the verge of insanity, had been banished.
That" he had no special predilection for constitutional change
has been seen; but in 1820 another Scot appeared upon the
scene, who was destined to play a more conspicuous part,
and indirectly to revolutionize the old colonial system of the
time. William Lyon Mackenzie was born at Springfield,
Dundee, Forfarshire, on the 12th of March, 1796. Daniel,
his father, who died within a month of his son's birth, left
behind a widow and an only child in rather straitened circumstances. Educated but imperfectly at school, he was
obliged at an early age to work for his living. * His
mother appears to have been a woman of singular force of
* The chief authority here is The Life and Timis of William Lyon Mackenzie. By
Charles Lindsey. Toronto, 1862. The Histories and Morgan's Celebrated Canadians have
also been used. ei
452 TEE SCOT IN BRITISE NORTE AMERICA.
character, and it was from her, doubtless, that Mr. Mackenzie
inherited the salient qualities in mindand action for which he
was afterwards no^ed. From school, while yet a lad, he went
into a draper's shop at Dundee; thence to the counting-house
of a wool merchant named Grey, of whom he always spoke
with the greatest respect. There the mysteries of the accountant's craft were made plain to him, and by the knowledge
thus acquired, he afterwards profited when in a sphere of
life he never contemplated in those early times. With Scottish pluck and independence, when only nineteen, he went
into business for himself at Alyth, keeping what in America is called " a general store," and also a circulating library.
Mackenzie was always an insatiable reader, and he knew
good literature from that which was worthless; hence the
latter feature in his venture. His business, however, was unsuccessful as perhaps might have been anticipated under the
circumstances, yet his creditors were all paid to the uttermost
farthing years after he had loft the country.
In 1817 we find him in England, in Wiltshire, where he
became managing clerk in the service of a Canal Company,
and subsequently for a brief time in London. After paying a flying visit to France, in the spring of 1820, Mackenzie sailed for Canada. Although only twenty-four years
of age, he was bald from the effects of fever; but his slight,
sinewy.frame was capable of great exertion, informed as it
was by a quick, nervous and resolute spirit. Shortly after
his arrival, Mr. Mackenzie was appointed on the survey of
the Lachine Canal, but his tenure of that situation must
have been brief, for he turns up soon after at Little York
(now Toronto).    There he was in business with Mr. Lesslie TEE SCOT IN BRITISE NORTE AMERICA.
453
in the book and drug business. * The profits of the books,
we are told, went to Mr. John Lesslie, whilst Mr. Mackenzie
received those arising from the drug business. A second
business establishment was afterwards opened at Dun-
das, placed under the care of Mr. Mackenzie, and conducted by him apparently with profit for about a year and
a half.-f* In 1823 this partnership was dissolved, and Mackenzie removed to Queenstown, on the Niagara, and opened
a general store, which, at the end of the year, he abandoned
to embark upon the stormy sea of politics. That he did
so from necessity is clear, since, as he has himself stated, his
business was not highly remunerative. Perhaps that constitutional unrest which followed him through life was the
moving cause, since he had hitherto taken no part whatever
in public affairs, j At all events, on the 18th of May, 1824,
he issued twelve hundred copies of a newspaper called the
Colonial Advocate, without having, as he himself has left
on record, a'single subscriber. In a letter, quoted by his
biographer, Mr. Mackenzie, explained his motives. The
I family compact," to his view were the enemies of immigration, of popular education, of civil and religious lib-
* This conjunction of the trades in medicine for the body and the mind was continued to
a comparatively recent period by Mr. James Lesslie, who was also the proprietor of the
Examiner newspaper until it ceased to live.
t Mr. Lindsey writes (p. 36): "In a printed poster I find the firm styled Mackenzie &
Lesslie, Druggists, and Dealers in Hardware and Cutlery, Jewelry, Toys, Carpenters' Tools,
Kails, Groceries, Confections, Dye-stuffs, Paints. &c, at the Circulating Library, Dundas."
• X Mr. McMulIen's personal description is clearly the portraiture of the man in later life;
stall it Is sufficiently graphic to bear quoting in this connection : " Of slender form, and only
five feet six inches in stature, his massive head, bald from early fever, and high and broad in
the frotitalregion, looked far too large for the small body it surmounted. His eyes clear
and piercing, his firm set Scotch mouth, his chin long and broad,'and the general contour
of his features, made up a countenance indicative of strong will and great resolution, while
the ceaseless activity of bis fingers, and the perpetual twitching of the lower part of his face
betrayed that restlessness and nervousness of disposition which so darkly clouded his existence."   History, p. 369.   Lindsey, p. 36. !■"'
1
454 TEE SCOT IN BRITISE NORTH AMERICA.
erty, and although he might have been united with them on
terms personally advantageous, he preferred " at nine-and-
twenty to joinvthe oppressed."*
The truth is, as Mr. Lindsey partly admits, that Mr. Mackenzie employed Rembrandt tints too plentifully in pour-
traying the political landscape of the time, and in his paper
he certainly aimed at being a pen-and-ink Hogarth. He
had at hand a strong vocabulary, and used it without stint;
and the sardonic humour in which he indulged, must have
been galling to those who then held power. They had now
a second Gourlay on their hands, whom they could not banish, and were not as yet able to silence. After having
changed the form of his paper, the neophyte in journalism
resolved to beard the dragon in its lair, and removed to York.
Already the Government was alarmed; but~its organs confined themselves to vague threats and such return of the
Mackenzie fire as came to hand.
Singularly enough, the Colonial Advocate gave utterance
to moderate views on most subjects.*!* The endowment of
religion it regarded as a most laudable act. j The University,
for which Dr. Strachan was earnestly contending, met with
his entire approval. All that he urged in both cases was
that there should be no exclusiveness in the matter of en-
* This letter is too long for insertion, but as it was written in exile, there are two sentences worth preserving because they show that he was not quite so headstrong and unyielding as is generally thought " So far," he writes, "as I or any other professed
Reformer, was concerned In inviting citizens of this (the American) Union to interference in
Canadian affairs, there was culpable error. So far as any of us, at any time, may have proposed that the cause of freedom would be advanced by adding the Canadas to this Confederation, we were under the merest Illusion.
t Lindsey, p. 43.
t " In no part of the constitution of the Canadas," he writes, " Is the wisdom of the British legislature more apparent than in the setting apart a portion of the country, whUe it yet
remained a wilderness, for the support of religion." TEE SCOT IN BRITISE NORTE AMERICA.
455
dowment. He favoured the levelling up of the denominations, not the exclusive establishment of one. But while
Mr. Mackenzie was, on the whole, exceedingly moderate, and
even conservative in his general views, he made bitter onslaughts upon the whole official and privileged class or
•coterie, from the Lieutenant-Governor downward. The pen
he wielded was hard-nibbed, and there was an excess of gall
in his ink. It was this, more than anything else, that exasperated the party in power. They did not so much object
to gentlemanly remonstrance as to personal assault. Political discussion, being a sign of nascent vitality in the Province, was distasteful to them; but when it took the form
of invective against the Governor, the Executive, the judges
and office-holders generally, it seemed time to take
alarm. After all, Mackenzie's views -were far from being
i-evolutionary in 1824. He was a constitutional Reformer;
yet his programme was certainly moderate enough. He
was a staunch friend to British connection, opposed to the
abortive Union Bill of 1818, and one of the first to propose
a, British North American confederation. He certainly objected to the Clergy Reserves being monopolized by a single
"Church, and also wrote against maintaining the right of primogeniture. But on the endowment question in general he
was at one with Dr. Strachan at that time, and would have
denounced secularization as a monstrous piece of sacrilege.*
But if the editor of the Colonial Advocate did not offend
by the extravagance of his political creed, he certainly gave
* Lindsey, p. 47. McMullen (p. 360) says; "The very first issue of the Advocate awoke
the greatest alarm in the minds of the Family Compact. Another prying Scotchman of the
Oourlay stamp had come to disturb their repose, and their organ suggested that he should
be forthwith banished the Province, and the whole edition of his paper confiscated." 456
TEE SCOT IN BR1T1SE NORTE AMERICA.
just cause for trepidation in other ways. To begin with, he
had made his journal, in fact as well as in name, a newspaper, and this feature in the case irritated the other editors.
But his chief offence, we repeat, lay in the restless energy
with which he exposed abuses, corruption, official pluracies,
nepotism—the final flower and fruit of a primitive and stagnant political fife. The language used in the Advocate was
of the vituperative order, and a native genius for humour
and sarcasm had made its editor somewhat callous to the
feelings of others whose only crime was that they had enjoyed the good things at the command of the Government,,
according to the prescriptive order of the time.* It was clear
that the Gourlay experiment could not be tried again; but
violence might be employed to silence the agitator. In the
ninth Provincial Parliament, the Assembly for the first time
contained a Reform majority. To this result Mr. Mackenzie
can scarcely be said to have contributed, since only a few
numbers of his paper had been issued, and that was not a
reading age. Postage was so high as to be an insuperable
obstacle to any extended circulation.*]- By removing to
York, the editor of the Advocate was on the spot, could report the debates, and beard his political adversaries in their
den. It is hardly necessary to remark that no such system
as I responsible government" then obtained. The Ministry
was in a minority in the House, but had the Lieutenant-
Governor and the Legislative Council at its back. Constantly defeated, the Executive paid no attention to the
* "He speedily became noted as a grievance-monger and a hunter-up of abuses in the
various public departments."—McMullen, p. 360.
t This was, no doubt, the moving cause of that dead-set which Mackenzie made against
the Post Office department. '"*"™N-"S""";"K*S!"J)N*X'S5"8"K«"S5r!^^
"^
TEE SCOT IN BRITISE NORTE AMERICA.
457
want of confidence votes of the Assembly. When Mr. (afterwards Dr.) Rolph spoke of Cabinet responsibility to the
House, the Attorney-General, afterward Sir John Beverley
Robinson, disdained any united responsibility at all*
During this time Mackenzie was engaged in stimulating
Liberalism at last triumphant in the Assembly; but his paper
had not been a success. An effort was made in 1826 to
secure him the-moderate grant of £37 16s. currency, for publishing the debates. As it appeared in the Bill of Supply
when passed by the House, the Legislative Council could not
eliminate it; but the Lieutenant-Governor struck out the
item with his own pen. The Advocate had been published
irregularly, and Mackenzie was vacillating in his intentions,
when a sudden act of violence restrained him from going to
Dundas, to Montreal, or the United States. His residence
and printing office were situated on the north-eastern corner
of Palace street and Post-office (now Caroline) streets, immediately fronting the bay. On the opposite side- was the resi^-
dence of Col. Allan, the Police Magistrate, and on the same
side to the north were the Post-office and the Bank. On the
eighteenth of June, 1826, in broad daylight, a number of
young gentlemen entered the office and set about the destruction of everything in it. Three pages of the paper,, and some
other work were upon the imposing stones. The face of the
type was destroyed, some of it scattered on the floor, some
thrown into a neighbouring garden, some taken boldly down
to Allan's wharf and cast into the bay.    The press was de-
* Mr. Robinson said ".he was at loss to understand what the learned member for Middlesex" (Mr. Rolph was then practising at the bar) "meant by a Prime Minister and a Cablr
■net; there was no Cabinet: he sat in that House to deliver his opinions on his own responsibility "Ms was under no out-door influence whatever."—Lindsey, p. 67. 458
TEE SCOT IN BRIT1SE NORTE AMERICA.
molished and the stone thrown on the floor. The respectability of those concerned was one bad feature in the case.
They appear to have been all of them—there were fifteen—
young men of position, either the sons or subordinate officers
of men in place. The Inspector-General had two sons engaged in the exploit; there were the son of a Judge, also
the son of a magistrate, and the confidential secretary of
Sir Peregrine Maitland, the Lieutanant-Governov, as well as
others intimately connected with the family compact. Besides this awkward fact, there can be no doubt that at least
two magistrates were eyewitnesses of all that occurred outside the office; for they were noticed on the street during the
affair, and certainly saw the type thrown into the bay.
This act of violence, committed during Mackenzie's absence from the city, excited greater indignation than had.
been anticipated, and the parties against whom the evidence
was clear were at once arrested. The Hon. J. B. Macaulay,
appeared for the rioters, and made several ineffectual
attempts to come to a settlement. Mackenzie, when the
terms were made known, rejected them with scorn.* The
truth is that in their endeavour to destroy Mr. Mackenzie's influence, the rioters had added to his popularity, or,asMcMullen
puts it, made a political martyr of him.*f* Hence their anxiety
to secure peace at the price of two or three hundred pounds. j:
So far as the " personal calumnies" were concerned, it is
* Mr. Macaulay (who, of course, only appeared professionally) urged on behalf of his
clients, that they had always been willing to pay a reasonable amount of damages, and
were only deterred from making an immediate offer because of the clamour, and the exertion used to prejudice the public mind. He further pleaded that the act was " not to be
ascribed to any malice, political feeling or private animosity ; the personal calumnies " contained in the Advocate being a sufficient motive.
t His'.ory, p. 363.
X See Macaulay's letters in Lindsey, pp. 82 and 84. TEE SCOT IN BRITISE NORTE AMERICA.
459
clear that Mr. Mackenzie did not begin them in the columns
of his paper. On the contrary, in one of the earliest numbers he had said: 1 When I am reduced to personalities, I
will bring the Advocaie to a close." That he criticized official acts with a freedom and warmth to which the ruling class
were unaccustomed, must be admitted. But he was generous
enough to recognise the good qualities of his opponents,
and, until they assailed him personally -with a virulence nothing he had written could justify, he never assailed individual character. He even expressed regret for strong language
he had used in regard to public acts.* He had quarrelled
with Dr. Rolph, because he thought his assaults on the Government too severe; and there is nothing to prove that, if
he had been spared those bitter personal attacks, he would
not have maintained his policy of moderation and forbearance.
No settlement having been arranged in the matter of the
riot and destruction of printing plant, the trial came off at
York, in 1826. It was a civil action, and conducted before
Chief-Justice Campbell, with a special jury. Before proceeding with the case, it seems proper to give a slight biography
of the judge. Mr. (afterwards Sir) William Campbell was
born in Scotland in 1758. He came to America as a noncommissioned officer, or private, in a Highland Regiment to
take part in the Revolutionary War, and his career ended
with the surrender of Cornwallis, in 1781, when he became a
prisoner with the rest of the command.    In 1783, he retired
* Speaking of Mr. (Sir J. B.) Robinson, he frankly wrote that he had risen in his estimation, and that, having observed him without disguise, and " watched his movements, his
looks, his language, and his actions, I will confess it, I reproached myself for having used
him at one time too harshly." 460 TEE SCOT IN BRITISE NORTE AMERICA.
to Nova Scotia, and, having obtained his discharge, devoted
himself to the study of the law. After nineteen years' practice, he was appointed Attorney-General of Cape Breton, and
elected to the Assembly of that Province. In 1811 he
was promoted to a puisne judgeship in Upper Canada, and,
in 1825, upon the retirement of William Dummer Powell,
became Chief-Justice. In 1829 he retired from ill health,
and was succeeded by the Attorney-General, afterwards Sir
J. B. Robinson. On this occasion he received the honour of
knighthood, and died in 1834, in the seventy-sixth year
of his age. His funeral was attended by both Houses of
Legislature, the Bench and the Bar. He-appears to have
been a man of great force of character, sterling integrity,
and personal worth.*
To return to the trial. With the Judge were seated, as
associates, two Magistrates, the Hon. William Allan and
Alexander Macdonell. The evidence, all on one side, proved
conclusively that the eight defendants had taken part in the
riot. They were defended by Messrs. Hagerman and Macaulay ; but after being confined for thirty-two hours, the jury
returned a verdict for £625, which was paid not long after
by subscription. As Mr. Mackenzie himself said : " This
verdict re-established the Advocate on a permanent footing."
So that the net results of the type-riot were, that an obnoxious journal, which probably would, have perished of inanition, received a new lease of life, and its proprietor was
at once elevated to a prominent place in the sympathies of
* Scadding, p. 131; Morgan, 238. The former quotes from a work by Dr. Henry, the
physician who attended him in his last illness. Finding medicine of no avail, he prescribed
a diet of snipes. " On this delicate food the poor old gentleman was supported for a couple
of mouths; but the frost set In, the snipes flew away, and Sir William died." ■■
THE SCOT IN BRITISH NORTH AMERICA.
461
the people. Mr. Mackenzie declined to prosecute criminally;
he had already been largely a gainer by the violence of his
opponents, and, no doubt, thought that to appear vindictive
would do himself more harm than good. But by a singularly complicated series of prosecutions, seven of them were
brought to trial criminally, though distinctly against Mackenzie's wishes. Mr. Francis Collins of the Freeman, was
criminally prosecuted for libels upon the Attorney-General.
In 1828 Collins retaliated by laying an information against
the rioters, who were tried and found guilty; but they escaped with nominal punishment. Then there was a murder
trial, also set on foot by Collins, against two of his opponents, for participation in a fatal duel; but they were acquitted. The next step was to prosecute Mackenzie himself. The accused appeared in his own defence behind a
rampart of law books and political authorities; but the trial
was first postponed, and afterwards abandoned.*
In December, 1827, Mr. Mackenzie appealed to the electors of York (County) as a candidate for election to the
Assembly.- Mr. James E. Small, who had been one of his
counsel in the action against the rioters, was his opponent.
He had not been a member of the family compact; but
rested his claims notwithstanding upon his family influence,
and remonstrated with Mr. Mackenzie upon the folly of contesting an election with him. However, the latter was returned. He was elected in 1828, but the House did not
meet until January, 1829, when that legislative career began
which culminated in the Rebellion.    Mackenzie's opponents
* Collins was not so fortunate; for in October, 1828, he was found guilty, and sentenced
to a fine of £50 and imprisonment for a year.. 462
TEE SCOT IN BR1TISE NORTE AMERICA.
knew well that he would prove a thorn in their sides, and
soon discovered that they had made no mistake. He insisted
upon asking questions,and sifting everything thoroughly. At
thesamefimehe was exceedingly useful in practical committee work. His report on the Post Office department, especially
as regards the defective and costly mail service, paved the
way for extensive postal reforms.* In other important departments he was not less useful; but the party in power,
without denying the practical business talent and energy of
the man, were shocked by the persistency with which he
pried into abuses, and disturbed the ease and serenity of
office-holders. The position of the Reform majority in the
Assembly, moreover, was sufficiently galling. They could
pass such measures as were agreeable to them ; but there the
power of the'House was at an end. Finding th'eir opponents
in possession, the Government hastened to deprive them of
the only machinery by which they could compel acquiescence
in their policy. In constitutionally governed countries the
great safeguard of popular freedom lies in the power of the
purse; but, in Upper Canada, the Executive was entirely
independent of the Assembly. So far from being in dread
of so extreme a step as the stoppage of the supplies, it
was announced by the Lieutenant-Governor that they need
not trouble themselves upon the subject. The territorial
and casual revenues, together with a permanent grant of
£2,500, made some years previously, were in the hands of
the Government, so that, whether " a supply were granted
to His Majesty," or not, was a matter of indifference.    The
I Mr. Lindsey (p. 157) gives some valuable information regarding the enormous postal
charges of the time, and the wretched agencies employed in carrying the mails. THE SCOT IN BRITISH NORTE AMERICA.
465
Legislative Council could be trusted to veto all Bills distasteful to the party in power, and the lower House was
therefore entirely helpless. The only protection afforded
by the Constitution to the popular branch against a combination between the Executive and the upper House, had
been taken away; and, as "responsible government" was-
not yet established, votes of non-confidence were met with
supreme contempt—ignored, in fact, altogether.
It was against this unconstitutional procedure that Mr,
Mackenzie and his fellow Reformers struggled with des-
perate energy. During this Session the member for York
presented his | budget of grievances," formulated in thirty-
one resolutions. So far was he from receiving the support
of a majority; so far, as Mr. Lindsey points out, were even
Reformers from noting the signs of the times, that the
resolutions were not even pressed to a division.* During
the only two sessions of this Parliament, Mr. Mackenzie displayed unusual ability in all questions touching finance,
revenue, banking and currency, and interested himself in
such practical matters as prison reform.
The death of George IV. rendered a general election necessary. The House, which had requested Sir John Colbome
to dismiss his advisers, would probably have been dissolved
at any rate. The Colonial Secretary had already urged upon the Lieutenant-Governor of Lower Canada "the necessity
of cultivating a spirit of conciliation towards the House of
Assembly," and the Executive of the Upper Province read
the hand-writing upon the wall.     All that was left them
* Life and Times, p. 157.   Three of the Executive Council, out of six, were Scots, John
Strachan, William Campbell, and James B. Macaulay.   Ibid, p. 158, n. 464
TEE SCOT IN BRIT1SE NORTE AMERICA.
seemed to be to secure, by hook or crook, a House favourable
to.their continuance in power; and they succeeded. Mr.
Mackenzie secured his seat for York; but Dr. Baldwin and
other pr6minent Reformers were left out in the cold. The
House met in January, 1831, and Mr. (afterwards Chief-
. -Justice) Archibald McLean was elected Speaker by a vote
•of twenty-six to fourteen. A sort of compromise was
effected in the matter of supply. The sum of £6,500 sterling
was granted in perpetuity to pay the salaries of the Lieutenant-Governor, the Judges, the law officers, and five
Executive Councillors; whilst the rest, amounting to £11,000,
was surrendered to the House to deal with as it pleased.
Mr. Mackenzie, nothing daunted by the odds against him,
moved for a committee of inquiry into the state of the re-
'presentation. He pointed out that the members for York and
Lanark represented a larger population than fifteen other
members, and that the House swarmed with office-holders.*
Singularly enough, the Assembly, whose composition he had
so trenchantly attacked, not only granted the Committee by
twenty-eight to eleven, but permitted him' to nominate them.
If this concession were made in the hope that Mr. Mackenzie would rest satisfied, that hope was vain. Emboldened
by this measure of success, he at once opened fire upon the
majority. Salaries, fees, pensions, perquisites and- everything that he could hinge a complaint upon, were paraded
to be assailed in order.
* McMullen says ; " It (the state of the representation) could not well be worse. When
lie rose to address the House, a Collector of Customs sat at his elbow, the Speaker held the
•office of Clerk of the Peace at Cornwall, six postmasters occupied seats in the Assembly,
•which also embraced a sheriff, inspectors of tavern and distillery licenses, county registrars
and a revenue comissioner" (p. 376). "A majority of the whole House represented less
than a third of the population."   Lindsey, p. 191. THE SCOT IN BRITISH NORTH AMERICA.
465.
The ruling party could endure it no longer, and the resolution was taken to get rid of him at all hazards. Mr.
Mackenzie had printed, at his own expense, some extra
copies of the Journals, and distributed them to outsiders.
The appendix had not been sent out with these copies ; had
it been otherwise, Mr. McNab said he should not have been
so ready to make it a question of privilege. As it was, a
resolution was submitted, declaring that the printing and
distribution of these copies of the Journals, was a breach of
the privileges of the House. This, however, the majority
was not prepared to assert; and the motion was lost by
twenty to fifteen, and so the matter ended for the time.
During the recess, Mr. Mackenzie aroused the people of
Upper Canada, and secured twenty-five thousand signatures to a petition to the King in favour of " responsible
government" and representative reform. This he afterwards carried to England.* On the 17th of November,
1831, the House re-assembled, and on the 6th of the following month, an article in the Advocate, which merely complained of the way Reform petitions were treated by the
House, was voted a " gross, scandalous and malicious libel"
on a division of twenty-seven to fifteen. Three days after
he was expelled from the House.*f*
The expulsion was a grievous error, even as a matter of
policy; since, instead of extinguishing the man, it made a
popular hero of him. He was at once returned again for
York, amid the wildest popular enthusiasm, by a vote of one
hundred and nineteen, against one for Mr. Street, who, an
* Lindsey, i. 202-4.
+ The final vote stood—Teas, 24 ; Nays, 15. 466 TEE SCOT IN BR1TISE NORTE AMERICA.
hour-and-a-half after the poll opened, abandoned the contest.
Mr. Mackenzie was escorted back to York by a triumphal
procession, and appeared to take his seat in January, 1832.
The first attempt at re-expulsion failed, because the Attorney-General (Hagerman) saw clearly, probably with the case
■of John "Wilkes in mind, that it would be dangerous to carry
the motion without alleging some new ground for expulsion.
An amendment was therefore carried by twenty-four to
twenty to proceed to the orders of the day. But three days
^fter, the Attorney-General made an article in the Advocate
of the sixth a pretext for new action, and therefore moved
bus expulsion, which was carried by twenty-seven to nineteen. It may be added that the motion not merely unseated
but disqualified Mr. Mackenzie which was a step utterly indefensible on constitutional grounds. At the next election,
he had two opponents, Mr. Small, who professed to disapprove of the Assembly's action, but urged that it would be
useless to vote for a candidate who had been declared inelig-
ible; and Mr. Washburn, who approved of the expulsion.
The latter retired on the second day, having received only
twenty votes; and at the close of the poll the vote stood
Mackenzie 628, Small 96. The House had been prorogued
however, before the election. At Hamilton, Mr. Mackenzie was the victim of a brutal assault, and a York mob
broke up a Reform meeting, proceeded in a body to cheer
the Governor, and on their return broke the windows of the
Advocate office and threatened the life of its proprietor. On
this occasion Mr. Mckenzie was compelled to seek safety
in the country for several weeks. TEE SCOT IN BRITISE NORTE AMERICA.
467
In April, 1832, he went to England to present petitions at
the foot of the Throne.     While there he seems to have
thoroughly gained the ear of Lord Grey and of the Whig
Ministry and party generally.    He procured the dismissal of
both the Attorney-General and Solicitor-General, the Imperial veto on the Upper Canada Bank Bill, and also caused
a dispatch from the Colonial Secretary which caused a flutter
in the dove-cote of the family compact.    Nor was that all.
The Colonial Secretary had repeatedly expressed very decided
objections to the coursethe Government had pursued towards
Mr. Mackenzie.    Mr. Joseph Hume was the first to bring the
matter under Lord Goderich's notice.    Yet notwithstanding
his remonstrances, Mr. Mackenzie had once more been expelled during his absence in England.    Upon the dismissal,
Mr. Jameson received the Attorney-Generalship; he was the
husband of a noted writer of considerable literary merit, and
was elevated to the Vice-Chancellorship in 1841.   Dr. Rolph
had been pressed for the other law office ; but he was so obnoxious to the dominant party that no appointment was
made.    Messrs. Boulton and Hagerman went to England and
obtained from the new Colonial Secretary, Mr. Stanley (the
late Lord Derby), the one a Chief-Justiceship in Newfoundland, and the other restoration to his office of Solicitor-General.
Mr. Mackenzie's absence might have operated against
him; but his friends again brought forward his name. This
time, in spite of the resolution disqualifying him he was
re-elected by acclamation. On his return the Clerk refused
to administer the oath, but the matter was of course dis- 468
TEE SCOT IN BRITISE NORTE AMERICA.
cussed in the House. There was something exceedingly illogical in the course of the majority. It was acknowledged
that Mr. Mackenzie laboured under no legal disability, and
yet they asserted the right to create one by simple resolution ; they admitted also the right of the electors of the
County of York to return him and yet claimed the privilege
of excluding the member they had chosen. In this instance
the old resolution afiirming ineligibility was once more
adopted by a vote of eighteen to fifteen; but the motion for
a new writ was only passed by a majority of one. In
December: 1833, Mr. Mackenzie was again elected without
opposition. When he presented himself at the bar on this
occasion he was accompanied by a large body of electors who
insisted on seeing that their representative was put in possession of his rights. There was a fracas in consequence,
arising from the circumstance that the Sergeant-at-Arms insisted upon it that Mackenzie was a stranger, and bound to
retire when the order was given to clear the galleries. The
officer tried to eject him by force ; but a stout Highlander
aimed a blow at the Sergeant. It was finally decided that
Mackenzie was a stranger, since he had not taken the oaths,
and the process of expulsion was again gone through with,
the prominent movers on the side of the majority being
Messrs. McNab, Morris and Donald Fraser, all Scots. The
vote stood twenty-two to eighteen.
Mr. Mackenzie then addressed the Lieutenant-Governor
and requested permission to take the oath before him, in
accordance with a provision in the Constitutional Act. The
Attorney-General, on being consulted, replied that the oath ■MM
TEE SCOT IN BRITISE NORTE AMERICA,
469
must be administered, and that no one commissioned for that
purpose could refuse it, " since his office was ministerial and
not judicial."* The oath was taken, but that had, of course,
no effect upon the House. Mr. Mackenzie then walked into
the Chamber and took his seat. The Assembly was in committee, Mr. Donald A. Macdonald occupying the chair. This
time (the fifth) he was forcibly expelled; but a motion to
issue a new writ was lost. As to the illegal and unconstitutional character of these proceedings there can be no doubt;
and even the active movers afterwards acknowledged their
mistake.*!"
In March, 1834, the town of York was transformed into
the city of Toronto, and Mr. Mackenzie elected first Mayor by
the Council. He was also the first Mayor in Upper Canada.
To him the city owes its arms, with the three I's as its
motto : I Industry, Intelligence, Integrity." In this position
he displayed characteristic energy. The work of organization was not by any means light, and sagacity and skill
were required in arranging the civic finances. During his
term Mr. Mackenzie laboured hard for the good of the
city and retired amidst the general applause of the people.
As Mayor he presided at the police court, and whilst acting
in this capacity kept the city stocks fairly employed in the
case of incorrigible offenders. Meanwhile the county of
York had been divided into four ridings, and Mr. Mackenzie
* Lindsey, p. 297.
t § The whole of the proceedings relating to these expulsions were expunged from the
Journals of the Assembly, being declared to be subversive of the rights of the whole body
of electors of Upper Canada. This was done In the first session of the next Provincial Parliament on the 16th of July, 1835." Mr; McNab frankly confessed that he had been in error,
^nd voted to expunge his own resolutions.   Lindsey, p. 310. 470 TEE SCOT IN BRITISE NORTE AMERICA.
was returned for the second by a vote of nearly two to one.
At the general election the Reform party once more secured
a majority, and Mr. Bidwell again became Speaker. The
Assembly, instead of re-echoing the Speech from the Throne
gave his Excellency in its Address, a tolerably free expression
of opinion on the acts of the Government. It was during
this session that a select committee obtained by Mr. Mackenzie -made the celebrated Seventh Report on Grievances. In
this document everything relating to public affairs from
the questions of | Responsible Government" and the Clergy
Reserves, down to the smallest details touching fees and
pensions, was enumerated. In fact it was the Reform manifesto on the eve of an armed insurrection.
In his instructions to the new Governor, Sir Francis Bond
Head (December, 1835), Lord Glenelg in effect replied to the
Grievance Report. Into the details it is not necessary to
enter here; it may suffice to remark that the Colonial
Secretary deprecated the threat to stop the supplies, and
trusted that " it would not be made good unless in a case
of extreme emergency." In the body of the document appear some grounds urged in extenuation of the Government,
and a mild promise that some of the matters complained of
would be remedied. The clamour for executive responsibility he avoided rather than met.
The appointment of so inexperienced a man as Sir Francis
Head was one of those freaks which seem almost inexplicable. Probably, as Mr. McMullen suggests, he was sent as
a supposed Liberal, to reconcile the Upper Canadian malcontents. *    He himself professed to take his cue from the
* History, p. 431 TEE SC01 IN BRITISE NORTE AMERICA. 471
Grievance Report; how far he did so will appear in the sequel.    At all events he was totally unfit for the position, as
he himself admitted afterwards.*    He had been a major in
the army, and was, at the time of his appointment, Assistant
Poor Law Commissioner for the County of Kent.    Such was
the ruler despatched to Toronto at a perilous crisis.    Parliament met soon after the new Governor's arrival, and the
Address from the Assembly rather sharply criticized the
Speech from the Throne.    Still Sir Francis began well.    His
nomination of Messrs. Dunn, Baldwin and Rolph, the last
two  prominent Reformers, to the Executive Council, was
hailed with a satisfaction too lively to be permanent.    In
less than a fortnight the whole Council resigned.    Ministers
complained that they were held responsible to the people
for measures of which they disapproved; whilst the Gov -
ernor contended that he alone was responsible. *f*   A new
Council of four was immediately constituted; but the House
at once expressed "their entire want of confidence" in its
members, and expressed regret at His Excellency's course.
The Governor was at once upon his high horse, and believing it his mission to battle with the " low-bred antagonist,
democracy," resolved to withstand persistently " the fatal
policy of concession."    He appealed to the people by proclamation, replied to addresses, and virtually " stumped" the
Province as the avowed antagonist of Mr. Mackenzie.   There
can be little doubt that the intelligent members of the party
* He admitted that he "was really grossly ignorant of anything that in any way related
to the government of our colonies."   Lindsey, p. 355, n.
f "The Lieutenant-Governor maintains," said he, " that responsibility to the people, who
are already represented in the House of Assembly, is unconstitutional; that it is the duty
of the Council to serve him, not them." For this he was rebuked by the Colonial Secretary.   Lindsey, p. 363.
I fl 472
TEE SCOT IN BR1TISE NORTE AMERICA.
whose cause Sir Francis had called his own, disapproved of
his headlong course; but they were bound to support him
at all hazards. He denounced Mr. Baldwin, in a dispatch
to Lord Glenelg, as an agent of the revolutionary party ; affected to believe that an invasion was imminent; and altogether lost his head. Yet there was a method in his madness,
and so ingeniously did he conduct the campaign that, at the
general election, an Assembly was secured after his own
heart. Mackenzie and other Reform leaders lost their seats.
To him the blow was a severe one, and its immediate result
was a dangerous illness.
In July, 1836, he issued the first number of a paper called
The Constitution. The period of despair had set in, and the
baffled editor at once struck a new vein. It was clear that
with a Governor who could boldly issue an election manifesto, in which he advised the people not to quarrel with
their " bread and butter,"* and proclaimed that his character
and the public interest were " embarked in one and the same
boat;" and with a system of election obtaining, under which
votes were manufactured unblushingly, and known Reformers disfranchised by partizan returning officers on the most
frivolous pretences, there was little hope of success by constitutional means. Still, the Opposition made an appeal to
the Colonial Office. Lord Glenelg suspected that the Governor had acted most imprudently, yet he could not understand how he had succeeded so well at the polls. So he
resolved, for the present, to keep him at his post. The
Assembly soon found that the Reform agitation was seri-
* Hence the new House of 1836 received the name of "The Bread and Butter Parliament." TEE SCOT IN BRITISE NORTH AMERICA. 473
ously affecting its popularity, and yet there was some
danger that the period of its existence would be suddenly
cut short by the death of King William IY. A Bill was
passed, therefore, to prevent a dissolution in the event of a
demise of the Crown. The session terminated on the 4th
of March, 1837, without any premonition of approaching
trouble being evidenced in the Governor's Speech. Mr.
Mackenzie certainly did not, at that time, contemplate extreme measures, for in the same month he went to New
York, purchased several thousand volume's of books, and
new I plant" for his printing office. *
It is clear that no insurrectionary movement would have
been attempted in Upper Canada, had not Papineau, Nelson,
and their coadjutors in the Lower Province taken the initiative. The leaders there boldly advocated colonial independ-
ance, made an appeal to arms, and solicited assistance from the
United States. Mr. Mackenzie and his friends were soon
drawn into the vortex. Their rage and chagrin at the unconstitutional conduct of Sir Francis Head, at the sinister
means by which the late elections had been carried, and at
the apparent hopelessness of attempting a reform by constitutional agencies drove them to desperation. The attempt
at rebellion was as weak as it was wicked ; yet at the time it
probably appeared to be otherwise to Mr. Mackenzie. He
contemplated a revolution with that sanguine impulsiveness
which always characterized him. And, after all, the burden
of responsibility for that futile outbreak must rest upon the
shoulders of the Lieutenant-Governor, f    His extravagant
I Lindsey, i. 401.
t " In short," says Mr. McMullen, "he (Sir Francis) sowed the wind, by exciting the
passions of the masses, and reaped the whirlwind in the petty rebellion, of which he must 474 THE SCOT IN BRITISH NORTH AMERICA.
language, his arbitrary acts, his undisguised interference with
the freedom of election, his sublime self-confidence, taken
together, stamp him as at once the rashest, most violent, and
yet the feeblest and most incompetent representative the
Crown ever had in British North America. To the last
moment so little prescience did he possess, that he ridiculed
the idea of an armed insurrection. In order to show at once
his confidence and his ignorance, when tidings of impending
troubles reached him, he despatched every regular soldier
to the Lower Province * He had evidently not given sufficient weight to the contagiousness of example; so the insurrection awoke him from his optimist dream abruptly to
find him with his lamp gone out, and without oil with which
to kindle it anew. At this time he was at daggers drawn
with the Colonial Office, whose mandates and remonstrances
he treated with a contempt by no means silent.
In August, 1837, a manifesto appeared in the Constitution,
amounting, as Mr. Lindsey observes, to a declaration of inde-
pendence.*f* It is a curious fact that Dr. Morrison and Dr.
Rolph,both members of the House, demurred to attaching their
names to this document on account of their public position.
To this Mr. James Lesslie, afterwards proprietor of the Examiner, a Scot, demurred, and ultimately Dr. Morrison's
name appeared as chairman of the committee. Then commenced a popular agitation of rather a boisterous and infiam-
forever stand convicted as the chief promoter. Had he taken time to acquire a just
knowledge of the condition of the country—had he acted with calm and Impartial wisdom,
presuming that knowledge to have been acquired, Upper Canada would not have known
the stigma of even partial rebellion."   History, p. 439.
* Yet when he discovered that he had failed to discern the signs of the times, and that
rebellion had actually commenced, he placed his family and all his effects on board a
steamer, which was moored out In the harbour, at a safe distance from shore.
t The document may be seen entire In Life and Times, vol. li., Appendix D., p. 334 THE SCOT IN BRITISH NORTH AMERICA
475
matory character. Often the meetings were disturbed by the
opposite party, and scenes of riot and confusion resulted
Meanwhile Mr. Mackenzie added fuel to the flame by incendiary articles, and attempted a coup by instigating the farmers
to make a run on the Bank of Upper Canada, the main-stay
of the Government* The attempt, however, failed, although
two other banks found it necessary to close their doors
and Sir Francis Head was compelled to call the Legislature
to pass a measure of relief. Of course so soon as the rebellion broke out, specie payments were suspended altogether.
All this time a secret movement in the direction of armed
resistance was in progress. Early in November, fifteen hundred had subscribed their names as volunteers, and there
were weekly drills. After considerable vacillation, on the
18th November, a plan of attack was decided upon. After
the withdrawal of the troops, no less than four thousand
stand of arms were left unprotected. The Governor, who
might have known everything, was living in a fool's paradise. It was therefore proposed to take Toronto by surprise, seize Sir Francis Head, and take possession of the
arms. The rendezvous was fixed at Montgomery's tavern on
Yonge Street, about four miles north of the city, at a little
hamlet now known as Eglinton. It was expected that at
least .four thousand men would be present at the appointed
time, and, with prompt action, the capture of the city might
easily have been accomplished in an hour. But the plans of
the rebels were disarranged by a divided headship. The.attack had been appointed for the 7th, but Dr. Rolph appears
* This was adroitly tided over by the device of paying all comers In silver which was counted
out; while the friends of the bank mingled with the crowd and also demanded specie, which
was sent back in wheelbarrows at night. 476 THE SCOT IN BRITISH NORTH AMERICA.
to have changed the date to the 4th. The consequence was
that there was nothing for it but to make the best of a bad
job. In addition to this, the plans of the conspirators had
leaked out, so that a surprise was no longer possible.
"Van Egmond,a retired soldier from the army of Napoleonic
had been appointed I generalissimo of the insurgent forces,"
and, under his direction, the movement began.    Mackenzie,
with five followers, were out to reconnoitre when they met
Alderman Powell and Archibald Macdonnell, who were acting as a mounted patrol.   The rebel leader informed them of
the insurrection, and also of the fact that they must consider
themselves prisoners.    Leaving them in the hands of two of
his party to be conducted to the hotel, Mackenzie proceeded.
Powell at once shot his captor dead and escaped to the city,
in order to arouse the Governor and the citizens.    When
■the leader returned to the hotel he found that  Colonel
Moodie,* who was hastening to reach the city to place his
services at the disposal of the Government, had persisted in
forcing his way through the rebels, and had been shot down.
Further delays occurred, and finally, for the purpose of giving the volunteers, who were expected, time to arrive, a flag
of truce was sent out to the rebels, nominally to ascertain
what they wanted.    The time was auspicious, for the death
of Anderson, Powell's victim, had cast a damper upon the
rebels, and they were entirely dispirited. The Governor sent
with the flag of truce Dr. Rolph and Mr. Robert Baldwin,
two men who, he naturally thought, would exert consider-
* Colonel Moodie was a native of Fifeshire, and had seen service throughout the Peninsular War. According to Mr. Lindsey, the man who shot him was an Irishman named
Ryan, who, after enduring terrible suffering from cold and hunger on the shores of Lake
Huron, mar. aged to escape to the United States. THE SCOT IN BRITISE NORTE AMERICA.        477
able influence over the insurgents. In reply to the main query
propounded, Mackenzie replied that they wanted independence* A second flag of truce met the insurrectionary party
on their way to the city, and delivered their message, which
was simply a refusal of the rebel-demands. Further advance
was delayed until six o'clock, when the forward movement
was resumed. About half a mile from the city they, received the fire of a picket of loyalists lying in ambush behind a fence. The assailants did not wait even to see the
effect of their fire, and a panic seized the rebels. The majority
of them, in spite of the vigorous efforts of Mackenzie and
Lount, returned to their homes. Two hundred more arrived
during the night; but the force now numbered only four-
hundred and fifty, and the golden opportunity had been
lost. Dr. Rolph at once fled to the States to avoid arrest,,
as the loyal volunteers were pouring into the city.
Early on Thursday, when an attack was expected from
the Government force, Yan Egmond arrived, and, after detaching a small force to seize the Montreal mail and burn
the Don Bridge, settled upon a plan. In the hope that, at
night, large reinforcements would come in, it was resolved to-
stand upon the defensive for the present. The parties met
near Montgomery's. The main body of the loyalists was
commanded by Sir Allan McNab; Colonel Jarvis had the
right and Colonel Chisholm and Judge McLean the left-
The conflict was sharp and decisive; and the rebels, although
they fought gallantly, were put to flight, after losing thirty-
*It is not necessary to enter into the much disputed question whether Dr. Rolph, on this-
or a subsequent occasion, advised the rebel leaders to come at once Into the city.   All the
parties concerned are long since dead, and therefore no useful purpose can be served by reopening the controversy. 478 TEE SCOT IN BRITISE NORTE AMERICA.
six killed .and fourteen wounded. The other side had only
three wounded. So ended the Battle of Callow's Hill.
Mackenzie fled, and a reward of £1,000 was at once offered
for his capture. The account of his escape to the United
States is romantic enough* The fidelity with which
even political opponents who had given their hospitality
to a hunted fugitive, and the ingenuity exhibited in
baffling the search, as he passed through a country
swarming with armed men in quest of him and of the
reward, make up an interesting episode."]* After wandering for several weeks, with some hair-breadth escapes
I almost miraculous," as he himself remarks, he found himself at Buffalo. Here Mackenzie entered upon a movement which was in no sense j ustifiable. In Canada, believing
that constitutional agitation was of no avail, he had engaged
in an abortive insurrection, for which, perhaps, some defence
might be offered. But when he initiated, in the United
States, a plan of invasion, there is no apology to urge, save
the natural exasperation and pertinacity of the man. Dr.
Rolph, Mackenzie, and others formed themselves into an
•executive committee, held public meetings, and freely offered
land and other loot to any one who would join them in the
■attack upon the Province. Van Rensselaer, a son of an
General, was made commander-in-chief, " a worthless scamp,"
■as McMullen terms him.
* See Lindsey, vol. ii. pp. 102-122, where the narrative is given from Mr. Mackenzie's own
•pen.
t In what is now the County of Wentworth, the High Sheriff Macdonell, with a posse,
searched the house from top to bottom, as well as the out-buildings, " and I the while,"
■writes Mackenzie, " quietly looking on. When I lived In William Street, some years ago, he
•called on me, and we had a hearty laugh over his Ineffectual exertions to catch a rebel in
1837." THE SCOT IN BRITISH NORTE AMERICA.
The residuum of Buffalo freely enlisted in the service of
the patriots, and Navy Island, in the Niagara river, about
two miles above the Falls, was at once seized by the party.
A Provisional Government of Upper Canada, easily improvised, followed the example of most bodies of the sort in the
issue of paper promises to pay. * Having established themselves there, it was soon found that little or no support was
forthcoming from the Province. The exiles were the only
Canadians who cared to embark in the enterprise which was
to free their country. The rebels had some twenty-four
pieces of artillery, of what calibre does not appear, and Van
Rensselaer kept them pounding away upon the farm houses
with little or no effect. About six hundred men were upon
the island ; but no attempt was made to cross to the mainland. Cols. Cameron and McNab arrived on the scene, and
commenced a desultory fire, but only one man on the island
was killed.
Then followed the episode of the Caroline, a steamer
employed by the rebels to convey men and stores to the
island. On the 28th of December, 1837, she was moored
to the wharf at Fort Schlosser, when Col. (Sir A.) McNab and Lieut. Drew, R. N., with a party which had gone
over in boats, seized and fired the vessel, and sent her
adrift down the rapids. *f* The destruction of the vessel in
American waters, naturally caused excitement in the United States, and some angry diplomatic words passed in con-
* An engraving of one of these notes is given in Lindsey. vol. ii. p. 48.
t Many fancy pictures have been drawn of the Caroline passing all aflame over the Falls;
but it would appear that she went to pieces, and was lost to sight long before the
abyss was reached. The smoke-pipe, it is said, was distinctly visible at the bottom a few
years ago !
I
480
TEE SCOT IN BRITISE NORTE AMERICA
sequence. That it was a breach of neutrality there can
be no doubt; and, in 1842, Lord Ashburton expressed the
regret of Her Majesty's Government at its commission.
Early in January, 1838, finding the island untenable, in the
face of the constant artillery fire poured upon it from the Chippewa shore, the rebels withdrew to the mainland. Other attempts were made from the States, one by a Scot, named
Sutherland, on Amherstburg,* and others from lake ports,
all of which failed, and the rebellion was at an end.
Meanwhile Sir George Arthur was appointed to succeed
Sir Francis Head, and the trials of the many prisoners arrested were proceeded with.*f* It is not necessary to go into
details here. Lount and Matthews were executed, and a large
number of their adherents punished by imprisonment and
transportation. Mackenzie's troubles were not yet over, indeed they were only beginning. When Van Buren became
President, he was arrested at Rochester for a breach of the
neutrality laws, and sentenced to thirteen months' imprisonment in the County jail. His property in Upper Canada had,
of course, been .confiscated, and now he himself, a ruined
man, was kept in close confinement in a foreign land, penniless and an exile. During the term of his incarceration, his
mother, who had attained the age of ninety years, breathed
her last, and it was with the greatest difficulty that he suc-
* Amongst those who were lost to the public service by the assaults of these foreign
marauders, there was no more promising officer than Col. John Maltland, C.B., a son of the
Earl of Lauderdale. Had he lived he would unquestionably have risen to eminence. During the rebellion he commanded the 32nd regiment, and utterly defeated the brigands at
Point Pelee Island, in March, 1838. During the march, and from exposure on the island,
however, he caught a cold which carried him prematurely to his grave. He had previously
served In Spain and Portugal, and was deeply beloved by his men.
t A list of these men, with the result in each case, will be found in Lindsey, vol. ii.( p.
373, Appendix I.   The proportion of Scotsmen is smaller than might have been anticipated. TEE SCOT IN BRITISE NORTE AMERICA. 481
ceeded in securing, " by stratagem," an opportunity of seeing her before she died.    In October, 1839, he was shot at
through the bars of the cell, by some one whose identity
was  never  established.*     On.  the   10th  of   May,  1840,
he was released from prison, and once more came face to face
with the world.    It is scarcely necessary to dwell upon the
life of Mr. Mackenzie while in exile.     His sufferings were
certainly trying, and, for some time, he could hardly find
bread for his wife and children.     Early in 1849, an Act of
general amnesty was passed, and the ex-rebel could once
more return to Canada.-f*   Six years before, a comprehensive
amnesty had been proclaimed; but although Papineau and
Rolph were included, Mackenzie was still left an outlaw. In
March he visited Montreal, where an untoward encounter
took place between him and Col. Prince, in the Parliamentary
library.    The bluff old Colonel was somewhat irascible, and
afterwards regretted that he had acted on the impulse of
the moment. \    Mackenzie then repaired to Toronto, where
a mob burned him and Messrs. Baldwin and Lafontaine in
effigy, and broke the windows of a relative with whom he
was staying.     In May, 1850, he finally settled with his
family, and took up his permanent residence at Toronto. In
April, 1851, he was elected for Haldimand, defeating the
late Senator Brown, who was the Government candidate,
* All that was known seems to be that " a tall, stout man, with a dog, dressed like a
sportsman, had been seen beyond the mill-race."—Lindsey, vol. ii., p. 287.
t It was at this time that he wrote to Earl Grey, entirely abjuring republicanism, and
frankly confessing that had he succeeded in 1837, "that success would have deeply injured
the people of Canada."   Lindsey ii., 291.
J The late Mr. Sandfield Macdonald subsequently took him up to the Library, for which
act of courtesy he was called to account by his Glengarry constituents. His reply, which
fully satisfied the objectors, took the form of a question, "Do you think I would see an
Englishman kick a Scotchman, and not interfere?" 482 TEE SCOT IN BRITISE NORTE AMERICA.
and Mr. McKinnon, a Conservative. He sat in the House
for seven years, resigning in 1858. In that year he supported the Hon. G. W. Allan as a candidate for the Legislative Council, notwithstanding, his Conservative views.
During the later years of his life he published, somewhat
fitfully, a weekly newspaper, called Mackenzie's Message,
To the last he was a busy, earnest worker, as he had always
been. His political admirers presented the family with a
homestead; but Mackenzie died, as he had lived, a poor
man. Throughout his second political career, he was an
ultra-Reformer, one might almost say an irreconcilable. Although he had seen enough of republicanism to dislike it,
he remained a Radical to the last. Had he been so disposed,
he might have taken office in the short-lived Brown-Dorion
administration; but he loved the freedom of his independent position, and would have proved restive in official harness. Whatever his faults of judgment and temper may
have been, he was beyond question an honest, warm-hearted
and generous man. That he should be a free lance in politics was to be expected from his antecedents and his temperament ; but there was always a bonhomie about him, which
made even those he opposed most strenuously his warmest
personal friends.* The later years of his life fall without
the period under consideration. During these years he suffered severely from pecuniary difficulties, and his buoyant
spirits and the almost youthful sprightliness and activity of
* The writer remembers hearing him, in the course of an obstructive debate, when he indulged in badinage at the expense of the late Sir George Cartler. Mackenzie reminded
the Attorney-General East that they had both been rebels in 1837, but that the Government
had shown its estimate of their comparative worth by setting a price upon his head of
£1,000, whilst Mr. Cartier's was only valued at £300. In reading the proclamation he
amused the House by beginning "Victoria Rex." TEE SCOT IN BRIT1SE NORTE AMERICA. 483
his nature gave way. When taken ill, he refused food and
stimulants, and paid no attention to medical advice, and on
the 28th of August, 1861, his troublous life came to a close.
In looking back upon a career so unfruitful on the surface,
and so unprofitable to him, the natural verdict will be that
it was a failure. Still when it is considered that he was the
pioneer of reform, the first who formulated distinctly the
principle of responsible government, among the first to advocate a confederation of the Provinces, and, above all
others, thernan who infused political vitality into the electorate, we cannot say that he lived in vain. Like other harbingers of a freer time, he suffered that the community might
enjoy the fruits of his labour, the recompense for his misfortunes. When responsible government was at length established, he was chafing as an exile in a foreign land.
When he again re-entered politics, the battle had been won,
and others had reaped the reward. With all his faults, and
he had many, no man has figured upon the political stage in
Canada whose memory should be held in warmer esteem
than William Lyon Mackenzie.
To resume the thread of tbe narrative in chronological
order. It has been stated that the Navy Island fiasco was-
not the last attempt at insurrection; but the isolated efforts
which followed usually took the form of invasion. The
Hunters' Lodges along the American frontier busied themselves with expeditions which were simply piratical. Into
the details of these futile raids it is unnecessary to enter; it
will suffice to mention simply the assaults j upon Prescott
and Sandwich from Ogdensburg and Detroit respectively.*
* The former affair was known as the battle of the Windmill, from the faet that the invaders had taken possession of a mill; and the latter was chiefly remarkable for the sum- 484
THE SCOT IN BRITISH NORTH AMERICA.
Meanwhile, Sir Francis Head had been recalled, and Sir
George Arthur reigned in his stead.    He was in every sense
& better ruler than his predecessor, but only held office for
& brief time, and gave place to Mr. C. Poulett Thompson
(Lord Sydenham) at the Union.    The appointment of Lord
Durham as High Commissioner marks a turning-point in
the constitutional struggle.     After a tour through the Provinces, the noble Earl drafted his famous Report, bearing
•date January 31st, 1839, returned home without leave, disappointed at the want of support he had received from the
Colonial office, and died in 1840.*     The concluding pages
•of his Report contain the recommendations made by the
Earl for the future government of the Canadas.    The High
•Commissioner preferred a Legislative Union of all the B.
N. A. Provinces; but as a preliminary step suggested the
union of Upper and Lower Canada.    Although, however,
the Earl's scheme seemed promising, the reasons by which
he enforced its propriety were not cogent or far-seeing.   His
notion apparently was that the French element would be
swamped by the measure, and " that the surplus revenue of
Lower Canada would supply the deficiency, on that part, of
the Upper Province."*}*    On the other hand, Lord Durham
exhibited a catholic liberality of view in treating of constitutional questions generally, which must have alarmed
"both the rulers here and the Conservative Whigs at Home.
He proposed a radical change in the constitution of the
mary justice executed upon the raiders by Col. Prince. " I ordered them to be shot,"
he wrote, " and they were shot accordingly."
* The edition of the Report before us, containing 142 closely printed pages, was printed
at Toronto, by Robert Stanton, in 1839. The Upper Canadian portion will be found
in pp. 64-82.
t Page 132. THE SCOT IN BRITISE NORTE AMERICA.
485
Upper House; that all the revenues, except those derived
from the Crown lands, " should at once be given up to the
united Legislature;" that the independence of the judges
should be secured; that the Clergy Reserves should be disposed of; and finally, that § the responsibility to the Legislature of all officers, except the Governor and his secretary,
should be secured by every means known to the British Constitution." The Governor should be instructed " that he must
carry on the government by heads of departments in whom
the united Legislature shall repose confidence; and that he
must look for no support in any contest with the Legislature, except on points involving strictly Imperial interests."*
Now, had these concessions been only made three years before, there would have been no rebellion; and it may safely
be affirmed likewise that, but for the Rebellion, responsible
government' would not even now have been granted. At the
same time that, of itself, is no justification for the abortive
uprising in 1837; since it had never had a prospect of success, and came at last to be merely an outlet for the unruly
passions of marauders from the other side. All one can
safely affirm is that good was evolved from evil.
The Home Government did not accept Lord Durham's
scheme in its entirety. Even pronounced Liberals, like
Lord John Russell, rejected the notion of responsible government, as untenable and chimerical. Still, though in a
hazy form, the system was acknowledged, yet not with the
peremptoriness desired by the High Commissioner. The
Provinces severed in 1791 were re-united by the Act of 1840,
ii
' Report, pp. 138-2.
K 486 TEE SCOT IN BRIT1SE NORTE AMERICA.
and Lord Sydenham became the first Governor-GeneraL
It is not difficult to lay one's finger now upon the weak spots
in the Act of Union. The great object which Lord Durham
and the Home Government proposed to themselves was the
swamping of the French population, by giving both Provinces an equality in the representation, notwithstanding the
obvious injustice to Lower Canada involved in that arrangement. The French protested against the measure in vain ;.
but there was a nemesis at the heels of the promoters of it 'r
which, while it did not overtake them, fell upon the state'
in after years. The sins of the fathers were visited upon the
children, as will be seen hereafter.
It now becomes necessary to turn to the affairs of Lower
Canada from the conclusion of the war until the Union of
1841. No sooner had the international conflict come to an
end, than discontent once more manifested itself in the Province. The great bone of contention here was the supplies.
It mattered very little whether the Legislature voted then*
or not. The Government collected the money, and used it
freely with the consent of the House, if possible; if not*-
without it. The French population cared very little at
that time for abstract theories of government; but they saw
clearly the importance of securing the power of the purse.
Sir Gordon Drummond had, for a short time, held the post of
Administrator of the Government; but in 1816 he was-
superseded by a regular Lieutenant-Governor in the person
of Sir John Cope Sherbrooke.*    This officer appears to have
* It has not been thought necessary to refer to the agitation caused by Judge Sewell: because, although It Involved the Assembly's right of impeachment, the discussion Is only an.
episode in the general course of affairs. ^*^^^^^M^^^^^^w^v^"w^^^^^^y)y
THE SCOT IN BRITISH NORTH AMERICA.
487
been sincerely desirous of conciliating the French population,
and succeeded fairly well in his object. At that time the
Provincial revenues werein a most unsatisfactory state. There
were three sources of income, the Crown duties, levied under
Imperial statute, the | casual and territorial revenues" arising from the landed property of the Crown, and the provincial duties, paid under local laws, either within legislative
control or made permanent by Imperial statute. Evidently
under such a system, the control of the people's representatives over the revenue was practically no control at all. It
was, therefore, about this point that the battle raged as will
appear in the sequel.
Meanwhile we may call attention to two distinguished
men who occupied conspicuous positions in public estimation at this time. Mr. James (afterwards Sir J.) Stuart was
the son of the Rev. Dr. Stuart, who has been called the
founder of the English Church in Upper Canada. The
future rector's father was a strict Presbyterian, and had
settled in Pennsylvania. After some scruples Mr. Andrew
Stuart consented to his son's ardent desire to enter the
Episcopal ministry, and he was ordained in 1770. James
Stuart was born in the Province of Ne w Yorkin 1780. After
studying at Windsor College, N. S., he entered the law office
of Mr. Reid, and studied law for four years. He subsequently completed his term with Jonathan Sewell, afterwards
Chief Justice, and was called to the bar in 1801. In 1805
he became Solicitor General of the Province, and, in 1808
was returned for two constituencies, but elected to sit for the
county of Montreal. Mr. Stuart was a champion of the
English party.    He used all his eloquence against Chief ■488
THE SCOT IN BRITISH NORTH AMERICA.
Ill
•Justice Sewell, and yet at the last was abandoned by his
party* Finding himself, on a division of twenty-two to
ten, in the minority, he retired for five years from political
life. In 1822, he was sent to England to urge the re-union
of the Provinces, and while there was offered the post of
-Attorney-General which he accepted. In 1827 he became
•an Executive Councillor, but was suspended in 1831 by
Lord Aylmer for the part he had taken in the political conflicts of the time. He subsequently received from Mr. Stanley
(the late Earl of Derby) an acknowledgment of the injustice
done him, accompanied by an offer of the Chief-Justiceship
of Newfoundland. This he declined, and resumed his practice. In 1838, the Earl of Durham made him Chief-Justice
of Lower Canada in the place of Sewell, retired.*}* His services
to the Government, however, were not yet concluded; Under
Sir John Colborne, he was chairman of the Special Council
of Lower Canada, and rendered essential service to the Governor by drafting the Ufiion Act between the Provinces.
In 1840, he was created a baronet, choosing as his motto
what has been called an epitome of his character—| Justitise
et propositi tenax." Sir James died in 1853, universally
respected. He was a man of singular ability, rare eloquence,
and extended usefulness, and, after all his political reverses,
was spared to see the scheme he had devised carried, under
his<own guidance, into practical effect.
* " Never was a cause more powerfully advocated nor a more brilliant display of oratory
and talents exhibited, than by Mr. Stuart on this occasion, who must have felt that he was
contending against the current, and that there was pre-concerted and foregone conclusion
on the subject which it was in vain to struggle against."   Christie, Vol. li„ p. 289.
t " Public opinion," asserts his Lordship, " with so universal a consent, points to him as
the ablest lawyer in the Province, that there cannot be a doubt that it would be Injustice
and'folly to place any other person in the highest judicial office in the Province."   Morgan
p. 325    Bibliotheca Canadensis, p. 363. TEE SCOT IN BRITISH NORTH AMERICA.
489
His brother Andrew, who was also one of the minority of
ten in 1817, may be briefly noticed in connection with him.
He was one of the pupils of Dr. Strachan at Cornwall, and
subsequently, like Sir James, was admitted to the bar. In
1810, he was engaged for the defence in the political prosecution of Judge Bedard, and on this occasion approved
himself almost the equal of his brother in eloquence. In
1815 he entered the Assembly, and sat there until the constitution was suspended in 1838. During that year he became Solicitor General. In that year also, as Chairman of
the Constitutional Association he went to England to press
the question of union. Throughout he was a staunch Liberal,
yet well-esteemed by all parties ; and made his mark also as
a journalist and litterateur.
The other distinguished man of Lower Canada referred to
above, is the Hon. John Neilson, a Scot by birth. Born at
Dornald, in Kircudbright in 1776, and educated at the parish
school, he was sent out to Canada at the age of fourteen to
seek his fortune. His elder brother Samuel, had at that time
become proprietor of the Quebec Gazette, on the death of his
uncle, Mr. Brown. Samuel died in 1793 ; but so soon as John
Neilson came of age, he undertook the editorship, and gave
a stimulus to Canadian journalism, by his energy, it had
never known before. He at once enlarged the journal and
published it twice a week. His editorials were moderate in
tone; yet their power was at once felt throughout the Province. It was not till 1818, that he found his way into the
Assembly, as member of Quebec. In all discussions concerning the control of the revenue, he took an active part upon
the Liberal side.    Mr. Neilson was not a violent partizan; 490
THE SCOT IN BRITISH NORTH AMERICA.
but still the firmness and vigour with which he sustained
any cause he felt impelled to espouse, made him formidable.
As the Quebec Gazette was the vehicle of governmental notices,
the proprietor, in order to be unshackled as a member of the
Assembly, made over the journal to his son, who became
King's Printer. In the following year, however, owing probably to the father's political course, the license was revoked,
and the Gazette entered upon an independent career. In 1822,
a measure had been introduced into the Imperial Commons,
to arrange disputed matters of finance between the Provinces.
Lower Canada took alarm, and Messrs. Neilson and Papineau
were sent to England where they succeeded in inducing the
Government to abandon the measure.
In 1828, in company with Messrs. Viger and Cuvillier, he
once more went to England on a mission of a different sort.
By this time the antagonism between the Provincial Gover-
ment and the Assembly had become so marked as to call for
some speedy remedy. The three delegates were therefore despatched to London, bearing a petition of grievance signed by
80,000 inhabitants. A committee of enquiry was appointed
by the Commons, before which the delegates stated the case
of those for whom they appeared. Mr. Neilson always repudiated any desire for fundamental changes in the constitution, and in this respect differed widely from the French
Canadian Radical school then springing up. He was quite
satisfied that the Home Government, if properly approached,
would do justice to the colonists. The committee's report recommended greater liberality in the Provincial Government,
and the delegates returned contented with the results of
their work.   In 1830, Mr. Neilson received the thanks of the TEE SCOT IN BRITISE NORTE AMERICA. 491
Assembly, and was, in addition, the recipient of a silver vase,
valued at one hundred and fifty guineas from his Quebec
-fellow-citizens, for his able exertions for the Province, during
the two missions to England.
It was not long before symptoms of disagreement between
Mr. Neilson and his French Canadian allies became apparent. There was already a wide divergence of opinion regarding several public questions of importance, and, in 1834,
he was deprived of the representation of Quebec county
after sitting for it during a period of fifteen years. In the
:same year Mr. Neilson strongly opposed the celebrated
ninety-two resolutions, because he had always set his face
.against organic changes in the constitution. He became a
member of the Constitutional Association, and once more
proceeded to England as a delegate to resist the proposed
innovations. Nothing practical, however, came of this mis-
ision. During 1837 and 1838, Mr. Neilson remained staunch
in his loyalty, and although feeling the warmest sympathy
with his French fellow-citizens, he never, for a moment,
sanctioned the armed insurrection. He opposed the Union
Act because he thought it unjust to the bulk of the French
•Canadian population.
In 1841 he was once more returned for his old constituency,
still clinging to the ancient landmarks, and opposing " responsible government" as a revolutionary change .on the old
system of colonial government. He was invited, in 1843,
to accept the post of Speaker of the Legislative Council;
but he had resolved early in his career, not to take any
■office of emolument under government, and firmly declined.
In 1844, however, he became a member of that body.   A 492
THE SCOT IN BRITISH NORTH AMERICA.
chill, caught at the Quebec reception of Lord Elgin in 1847r
brought on the illness from which he died. Up to the last,
however, he was active in the discharge of his editorial duties
—his son had died before him.. In the Gazette of the 31st
of January, 1848, appeared two articles from his pen of more
than usual earnestness and power. They formed his valedictory, for on the morrow he died in his seventy-second year.
In whatever respect the character of John Neilson may be-
viewed, there appears to be substantial cause for eulogy, and
but little reason for blame. His spotless, and unwavering
integrity, more than any other quality of head or heart, wont
for him the sincere respect of all his contemporaries. He
was not only a good man, but also a patriot, willing to
spend and he spent in the cause of Canada, active, eloquent,
able and persistent in all that he set his hand to do. Although
he declined to be moved by a hair's-breadth from his convictions, at the bidding of the French Canadian leaders, he loved
the race, whose history, customs and institutions fascinated
him. In the family, as in public life, he was the same unswerving devotee to duty; only there his affections had
full scope, and he loved as he was beloved. It seems a fair
subject for regret that a man who possessed so great power,
capacity and vigour should, after all, leave so little behind
him. His best thoughts lie entombed in thirty neglected
volumes of the Quebec Gazette. But his name is not forgotten in the Province of Quebec; and to this day the type of
an ideally honest, active and independent public man would
be recognised there in a moment as the portraiture of John
Neilson.
It may be as well here to sketch briefly the career of S5^SMSS5S§5SS5SSSSi§§^SS§SMSSi^
TEE SCOT IN BR1TISE NORTE AMERICA.
several Scots who filled the office of Crown representatives
during the period under consideration. George Ramsay,.
Earl of Dalhousie, a Scottish peer, was born in 1770. He
embraced the profession of arms, entering the 3rd Dragoon
Gu'ards as a cornet. ■ Haying raised a company, he was made
captain, and subsequently held a corresponding position in
the Royals. At Martinique he was severely wounded. From
that time his life was passed for many years in active service—in the Irish Rebellion of 1798. in the expedition to
the Helder, at Belleisle, at Minorca, and in Egypt under
his fellow-countryman, Sir Ralph Abercrombie. In 1805 he
attained the rank of Major-General. After a respite from
active duty, during which he married and devoted himself to
the care of his estates, Lord Dalhousie once more went
abroad. He was at the Scheldt, at Flushing, and in the Peninsula under Wellington, who specially mentioned his services
at the battles of Vittoria and the Pyrenees; for his valour,
especially in the crowning exploit at Waterloo, he received
the thanks of Parliament.
In July, 1815, he was created a peer of the United Kingdom as Baron Ramsay, the title under which his successor
votes in the Lords at this day. In 1816, he was sent out as
General-commanding in Nova Scotia, and upon the sudden
death of the Duke of Richmond, from hydrophobia, became
Governor-General of British North America. This office he
filled, with an interval of fifteen months, during the years
1820 to 1828.* During his administration the dead-iock
between the two Houses continued, and the Assembly proved
* Garneau, as usual, Charged the Governor-General with trying to sow seeds of civil and
ecclesiastical dissension amongst the Lower Canadians, (See Book xv., chap, ii.) but all his
statements where his compatriots are concerned, must be taken cum grano salis. 494
THE SCOT IN BRITISH NORTE AMERICA.
more and more unmanageable. The attempt at a Union
of the Provinces exasperated the French population, and
interminable disputes between the Executive and the Assembly about the civil list and the Crown lands, kept the
Province in a fever of agitation. It was in vain that
Papineau was called to a seat in the Council; the battle
went on as before. Naturally enough the Governor depended for support upon the British population; but the recognition of popular rights was not exactly what they
wanted. It would be uninteresting to enter into details here,
because apart from the vexed questions having been fully
discussed in published histories,* they are not pertinent to
the object of this work. Earl Dalhousie was a Conservative,
though not inaccessible to arguments for change and progress; but he found himself in a strange atmosphere at Quebec, and if he did not succeed in conciliating opposition, he
•at all events endeavoured to do so. It is altogether improbable that anything that he could have done, or advised,
would have satisfied the dominant party in Lower Canada ;
and that he should have failed was his misfortune rather than
his fault. After leaving Canada in September, 1828,he became
•Commander-in-Chief of the forces in India, but returned
after a short time in broken health. He died in the sixty-
eighth year of his age at his seat, Dalhousie Castle, on the
21st of March, 1838, " after a noble, an honourable and useful career."*f*
| See Garneau, Christie and McMullen in their accounts of this troubled period.
t Morgan, p. 250. It is worthy of note that u\was under Lord Dalhouste's auspices that
the first memorial to Wolfe and Champlain was erected on the plains of Abraham. He was
no enemy to the French race, although he did not like French Canadian claims to a
domineering supremacy. TEE SCOT IN BRITISE NORTE AMERICA.
495
Sir James Kempt, who succeeded Lord Dalhousie was born
at Edinburgh in 1765. He also became a soldier and saw
service during the long war. He was engaged at the Helder,
in Egypt under Abercrombie, at Naples, and in Calabria. In
1811, he became a Major-General in Spain and Portugal;
took a prominent part at the siege of Badajos, where he was
severely wounded, commanded a brigade at Yittoria, and at
the attack on Vera, at Nivelle, Orthes, and Toulouse. His
military career, after a campaign in Flanders, culminated
at Waterloo, where he was again wounded severely. In
1820, he succeeded Lord Dalhousie in Nova Scotia, and in
1828 in the government of Canada, where he remained only
two years. The Imperial Government had resolved upon a
policy of conciliation, and Sir James Kempt was deputed to
carry it out.* Christie gives a very fair account of the real
difficulties in the new Governor's way. He was known to
be the friend of Mr. Huskisson, one of the most liberal
minded of English politicians; but Kempt " from his previous
acquaintance with Lower Canada, the impracticable pretensions set up by the dominant party, must have felt, before
entering upon his work, the utter hopelessness of the enter-
prise."t What could be done to conciliate the agitators he
did, apparently going so far as to avoid studiously the leaders of the British minority; but all to no purpose. He
even endeavoured to silence the press which had supported
* McMullen, p. 336. Garneau on the other hand says, " Sir James Kempt had received
very exact directions how to act. He was to play a one-sided part under the guise of the
most perfect impartiality. . . He performed the task with great address, and disappeared
-from the scene in the nick of time when vague professions would no longer serve his masters*
turn." Book xvi., chap. i. Comment is unnecessary.
t History of Lower Canada, iii., p. 216. 496
TEE SCOT IN BR1TISE NORTE AMERICA.
Lord Dalhousie's Administration * Nor was this all. A
vicious practice had early established itself, under which
members of the Legislature were entrusted, not merely with
local patronage, but with sums from the treasury, to be used
for the benefit of their constituencies. In plain English, the
means were afforded to partizans of " nursing" their constituencies, and securing re-election by infusing into the
electorate a lively sense of gratitude for favours received.
Sir James Kempt resolved to call these public benefactors to
account. Meanwhile the-Assembly carried matters with a
high hand. In 1829, complaints flowed in against the judges ;
to the Supply Bill was tacked on an assertion of the right of
the House to deal with all the Crown revenues; and Robert
Christie, the historian of the Province, was expelled from
the Assembly for procuring the dismissal of certain magistrates who belonged to the " patriot" party.*f*. Mr. Christie,
like Mackenzie, was re-expelled a number of times when reelected, although even a decent regard for constitutional law
was not preserved in Lower Canada. J There were other
vexed questions of the time which need not engage our attention. The salient event of 1829 was the adoption of a
memorial to the Home Government, embodying certain reso-
* Garneau, Book xvii., chap, i; Christie, vol. iii., p. 217.
t McMullen, p. S85.
{ Robert Christie, though a native of Nova Scotia, was of Scottish parentage. Born at
Windsor in 1788, and was educated there; originally intended for mercantile life, he
studied for the Bar, and subsequently entered the Assembly as member for Gasi-6. He was
an ardent Conservative, and during the prolonged contest in the Legislature, was strenuously
opposed to the " patriots." After his expulsion in 1829, he did not again sit until the Union
in 1841. From that period until 1854, when he was defeated in his old constituency, he
continued to represent it—a well-known figure in the House. He was a voluminous
writer, his earliest work being a history of Sir James Craig's Administration, published in
1818, and his latest " A History of the late Province of Lower Canada," the sixth and concluding volume of which appeared In 1855. He died at Quebec In the autumn of 1856, aged
sixty-eight years.   Morgan : Bibliotheca Canadensis, p. 75. TEE SCOT IN BRITISE NORTE AMERICA.
m
lutions of the Assembly in favour of reform.    So far as Sir
James Kempt was concerned, there can be no question that
he not only adopted the policy of conciliation from choice,
but persevered in it from the sincerest motives.    He felt,
however, that he could effect little with an Assembly resolute  in its determination not to be satisfied.    He had
•estranged the British population without being able to attach
the majority to himself.    All his efforts for pacification were
met by renewed onslaughts from the irreconcilables, and
muttered discontent from the oligarchical faction.    He had
>done his best, and failed from no fault of his own.    He threw
up the ungrateful and unpromising task in 1830, and was
succeded by Lord Aylmer.    On his return to England, Sir
James was appointed Master-General of the Ordnance, and
.-sworn in a Privy Councillor.    His last military promotion
bore date 7th of August, 1846, and he died in London in
December, 1855,'at the mature age of ninety years.    So far
as Canada is concerned, Sir James Kempt's acts speak for
themselves.     He  had reinstated  magistrates  and  militia
officers  who had been dismissed for party reasons; he endeavoured to secure for his Executive Council a broader
"basis by introducing members who possessed the confidence
of the majority, and urged the judges, who were members of
that body, to retire from the Legislative Council.    There
can be little doubt that when he retired, it was with the
general regret of the majority of those over whom he had
ruled.    The time was out of joint, and notwithstanding all
the Governor's tact and conciliatory temper, his efforts were
in vain.    The fault, however, was not his; and if he failed
it was not because he did not deserve success.    As Christie 498
TEE SCOT IN BRITISE NORTE AMERICA.
says, he plainly saw that success was impossible | from the
ultra expectations of the party he courted."*
In 1830, Lord Aylmer, of Balrath, succeeded Sir James
Kempt, and pursued the same policy of conciliation in vain.
At the beginning of the Session the Governor announced
that the Imperial Government intended to surrender the control of Crown revenues to the amount of £38,000, on the
condition that a civil list of £19,000 should be guaranteed I
the casual and territorial revenues, however, were still reserved. At this time they were estimated at a little over
£11,000. The Assembly, however, was not to be conciliated;
they would have all or nothing. There were now ten members of the Executive Council French Canadians; the Legislative Council*!" had been remodelled; the Jesuits' estates-
were surrendered for educational purposes; and an improved
system of Crown lands management was inaugurated. But all
to no purpose. The Assembly would be content with
nothing short of absolute submission on the part of the
Imperial Government. Its object evidently was to obtain
control, not only over the Executive Council, but over the
Judges   and the  Governor himself.    A demand was put
* " There was, it is true, the appearance of harmony, the best of accord and reciprocal confidence between the administrator and the Assembly, but It was on both sides, rather that of
courtesy, not to call it hypocrisy, than of cordiality. Distrust lay at the bottom, neither of
them, as there is reason to believe, having faith In the professions or sincerity, of the other,
not that there was any want of candour or frankness in the administrator, for both were-
characterlstlc of him, but that he had to perform a part in a drama he must have disliked,
feeling that neither success nor gratitude would attend his labours.'' Christie, vol. iii.
p. 287-8. Of course the historian's position as a British Conservative must he taken into
account here.
t Amongst the members of the Upper House at this time we find the name of Bishop
Stuart, the fifth sou of the Earl of Galloway, born In Wlgtonshlre, Scotland, who was-
Speaker, Roderick Mackenzie, C. W. Grant, James Kerr, Matthew Bell, John Forsyth amll
John Stewart; Christie, iii., 303. 5^S"SSS§K§53SSSSS
TEE,SCOT IN BRITISH NORTH AMERICA. 499-
forth that the Legislative Council should be elective. In
short, nothing would satisfy the majority but the wildest
form of democratic rule. The civil list was placed on a
very moderate footing; yet the House refused to grant it.
In 1833, the Supply Bill was £7,000 short of the necessary
amount. Riots occurred in the streets of Montreal, and all
the symptoms of a popular outbreak appeared. In 1834, the
celebrated "ninety-two resolutions" were passed by a committee and sent in the form of a petition to England.* At
the close of the session this year, Lord Aylmer complained of
the parsimony of the House, and stated that the judges and
other Crown officers had suffered severely from the course
it had chosen to adopt. No Supply Bill had been passed
for two sessions, and the Governor had been compelled to
make advances from the military chest.
The Assembly at once showed its disposition by voting
that Lord Aylmer's censures should be expunged from the
journals of the House. On his part, the Governor refused to
pay the expenses of the House, and as the majority had for
the first time voted payment to themselves, the breach
was widened. Lord Glenelg, Colonial Secretary, offered to
surrender all the revenues if the Assembly would vote a.
civil list for at least ten years. He stated that the Home
Government would not inteJjjire in the local affairs of the
Province, yet, at the same time, declared that it would not-
consent to make the Legislative Council elective. The
Assembly continued its opposition, and affairs were brought,
to a dead-lock.
* Mr. McMullen attributes their authorship to Papineau; but it is generally understood,
that Mr. Morln drafted them. 500
TEE SCOT IN BRITISE NORTE AMERICA.
A commission of inquiry was sent out, and, on its report,
Lord John Russell founded ten resolutions in 1837. The
Assembly had voted no supplies since 1832, and it was proposed that the Governor-General should be authorized, without the sanction of the Assembly, to take £142,000 out of
the moneys in the hands of the Receiver-General to meet
the arrears of the civil list. Against this proposal Lord
Brougham, in the Lords, and Mr. Roebuck, the Lower Canadian agent, in the Commons, vehemently protested. They
assured Parliament that the effect would be a rebellion and
perhaps war with the United States. Lord J. Russell declared that he had no fear for the future; that he did not
propose any sequestration of Provincial funds for Imperial
purposes, but simply as a matter of justice to the servants
of the Crown in the Province ; and that, as a matter of fact,
the French Canadians had no grievances. He had always
objected to responsible government in the colonies, because
the executive there occupied a different position altogether
from that of a Cabinet in England. In his view the Governor of Lower Canada did not occupy the same position as
a monarch of Great Britain. He was responsible to the
Crown, and received instructions for his guidance it was imperative upon him to obey, whatever view the Colonial
Assembly might take of them. The weakness of this protest against what the Colonial Secretary termed J double
responsibility," is more evident to us than it was in 1837.
We know that under the system now prevailing, the substance, and not the forms merely, of the British constitution
may be secured without any conflict of responsibilities.    The THE SCOT IN BRITISE NORTE AMERICA.
501
Governor, with us, occupies the position of the monarch at
home; and there never was any promise of tranquillity in
Canada until this crucial principle was definitively acknowledged. That the Assembly was altogether too exigent and
unreasonable, is quite certain. They, and not the Colonial
office, precipitated the rebellion; the one party was wrong
in practice, the other faulty in theory.
Lord Gosford, one of the Commission, became Governor in
1837, taking up the reins which had dropped from the hands
of Lord Aylmer at the moment when the steeds were getting beyond control. In obedience to his instructions, the
new Governor once more attempted conciliation; but with
the usual result. Papineau inveighed against the Governor
and the mother-country from the Speaker's chair. There
can be little doubt that dreams of future power as head of
a French Canadian nation, free, independent and democratic,
had intoxicated his brain. The majority of the Assembly
were as clay in the hands of the potter; and it soon appeared that his goal was not the redress of grievances by
constitutional means, but rebellion. On the 18th of August,
1837, the Lower Canada Assembly met for the last time.
There was nothing for it to do but vapour and threaten.
Many of the members appeared in home-spun, and declared
their intention not again to use cloth of English manufacture, A dream of a North-west Republic of Lower Canada,
about the idlest one can imagine, passed over the fevered
brains of the recalcitrants; military drill was commenced,
and the law become for the time a dead letter. No jury
dared convict any man prosecuted by the Government, and a
reign of terror of the wildest type began.    The moment this 502
TEE SCOT IN BRITISE NORTH AMERICA.
republican spectre appeared, the Roman Catholic Church
entered a protest. Bishop Lartigue called upon all faithful
children of the Church to withstand the revolutionary spirit,
and he largely succeeded. To his timely interference it was
due that the Rebellion, after all, achieved so little success.
But Papineau and the other leaders had gone too far to draw
"back, and at once sank in the vortex of insurrection.
It had been for some time apparent to the Governor and
the Colonial Office that the "patriots" were not to be
satisfied by concessions. Their leader was evidently bent
upon armed revolt, and he precipitated it by every means
in his power.* He had as effective aids Dr. Wolf red Nelson, and his brother Robert, the former of whom has been
described as "a Frenchified Englishman." Insurrectionary
meetings were held, and secret drill was indulged in. On the
28th of October, a demonstration took place at St. Charles
on the Richelieu, called | the Meeting of the four Counties;"
violent harangues were delivered, and the resolutions were
declared carried by a volley of musketry. Early in November, a conflict occurred at Montreal, where the British Doric
Club dispersed, by force, a gathering of the | Sons of Liberty."
This precipitated the outbreak, and on the 22nd the forces
were face to face with the rebels under Dr.Nelson at St. Denis.
The latter were strongly posted in a stone house, and as the
loyalists had only one small gun, nothing could be done but
* Mr. McMullen thus limns this obstreperous patriot: " It is evident that Louis Joseph
Papineau, the great master spirit, had 'never counted the cost. He had neither a good
cause, good counsel, nor money to reward his friends. He was a brilliant orator, but
no statesman : a clever partisan leader, but a miserable general officer ; a tyrant in the
forum, a coward in the field. He excited a storm which he neither knew how to allay nor
how to direct."  History, p. 414. THE SCOT IN BRITISH NORTH AMERICA.
503
retreat * Meanwhile, Col. .WetheraU was on the way to St.
Charles, where " General" Brown had a thousand habitans
under his command. Their leader fled at the first shot; but
the French Canadians made a determined resistance, no
less than fifty-six being left dead on the field. The result
was a complete defeat of the rebels, and Papineau, consulting his own safety, fled to the United States. Nelson retired from St. Denis, and attempted to escape, but was captured and lodged in Kingston jail.
In 1838, the insurrection broke out again, and the affair
of St. Eustache occurred.     Finally six hundred habitans
re-crossed the border under Robert Nelson, who signed him-
self I President of the Provisional Government."    This force
was concentrated at Napierville, in the county of Laprairie,
and   against  it  advanced  General  Sir James  Macdonell.
Nelson expected aid from the United States, and therefore
Tetreated towards the frontier.    He made a final stand in
a church, but was immediately dislodged, and fled across
the lines, leaving fifty killed and an equal number wounded
l)ehind him.    Thus ended the Lower Canadian rebellion.
The Constitution had meanwhile been suspended, and the
Province was governed by a Special Council.    On the 27th
of May, Lord Durham had arrived at Quebec, and it was
xipon his, departure the final spurt mentioned above under
Nelson was made'in Laprairie.    It should have been mentioned that the rebel post at Beauharnois was taken by one
thousand Glengarry militia under Cols. Macdonell and Eraser, with a detachment of the 71st Highlanders.    After the
i I
* It was at this time that Lieutenant Weir, a promising young Scottish" officer, was wantonly murdered while carrying despatches. 504
THE SCOT IN BRITISH NORTH AMERICA.
suppression of these outbreaks, Lower Canadian history
remains a blank until the Union.
In the Maritime Provinces, the course of events was, in
most respects similar, with the important exception that the
struggle for responsible government was carried on without
resorting to physical force.    Both in New Brunswick and
Nova Scotia, the same system prevailed.    The 1 family compact" party ruled throughout the years succeeding the war,
with undisputed authority, yet the progress of freer constitutional views was silent, though not less secure.    In Nova
Scotia, the earliest efforts of the people were put forth on behalf of material and educational improvement. The letters of
" Agricola" in 1818, mainly intended to stimulate scientific
agriculture, were written by John Young, a native of Falkirk,
Scotland.    He had come out to this country in 1815, with
his wife and four sons, and settled in Nova Scotia.   His
letters at once made an impression upon the public mind,
and he was toasted by the Governor-General at Halifax,
before his identity as the author had been traced.* Mr. Young
filled several important offices in the public service, and died
at Halifax in the autumn of 1837.    During Lord Dalhousie's
term, the Presbyterian College, which bears his name, was
founded for the benefit, chiefly, of Scottish Presbyterians.
King's College, at Windsor,had been founded upon the firmest
Anglican basis,*f* and all but members of the Church  of
* Ata dinner at Halifax in 1818, the Earl of Dalhousie said that "he rose to propose the
health of a gentleman, who though unknown to him, It was certain, from his writings, deserved the appellation of a scholar and a patriot, and whose exertions In the cause of the
prosperity of the country, called forth the esteem of every friend to Its welfare." After
further remarks he gave the toast of " Agricola," and success to his labours.
t Hot only were tests required as In England, but one of the by-laws read as follows;—
" No member of the University shall frequent the Romish mass, or the meeting-houses of TEE SCOT IN BRITISE NORTH AMERICA.
505
England were rigorously excluded. In 1805, the Rev. Dr.
Thomas McCulloch proposed the establishment of an institution for higher learning, open to students of all denominations. The result was the opening of Pictou academy in
1819, which ultimately became Dalhousie College and University. Dr. McCulloch appears to have been a man of singularly versatile learning; and it may be mentioned that
one of his pupils was Dr. Dawson, Principal of McGill University, Montreal. During Lord Dalhousie's term an attempt
was made to unite the two universities, but it unfortunately
fell throuffh.*
O
Lord Dalhousie's administration was of an eminently practical character. His chief aim was to develop the agricultural resources of the Province, and to stimulate road-making
and other works for its material improvement. In 1820, Sir
James Kempt became Lieutenant-Governor, and remained
in that position until 1826. One of the first measures of
the Imperial Government, during this period, was the annexation of Cape Breton to Nova Scotia. In 1827, a Roman
Catholic member having been elected to the Assembly,
by a unanimous vote, the House solicited the Crown to remove the obnoxious religious test. This was two years before Catholic Emancipation triumphed in England. The
Lieutenant-Governor pursued the same policy as his prede-
the Presbyterians, Baptists or Methodists, or the conventicles, or place of worship of any
other dissenters from the Church of England, or where divine service shall not be performed
•.according to the liturgy of the Church of England."   It is to the credit of the Anglican
Bishop (Inglis) that he strongly, though ineffectually, opposed this by-law.   Campbell's
Nova Scotia, p. 236.
* The negotiations were conducted on the part of Lord Dalhousie by S. G. W. Archibald,
■Speaker of the Assembly, and the Hon. Michael Wallace, Provincial Treasurer. The Hon. A.
■G. Archibald, who succeeded Mr. Howe as Lieutenant-Governor of the Province, was a son of
•the former. 506
THE SCOT IN BRITISH NORTH AMERICA.
cessor in the prosecution of road-making.    Complete surveys-
of the Province were made, and the timber trade received a
powerful stimulus.    It can hardly be said that politics, in
the party sense, had any existence during the eight years of
Sir James' tenure of office.    After a brief interregnum, during
which the Hon. Mr. Wallace, a Scot, administered the Government, Sir Peregrine Maitland succeeded. He arrived in August,
1829, and in that year a conflict occurred between the Council and the Assembly on the subject of the brandy duties.    In
1826, on a revision of the revenue laws, a duty of one shilling and four-pence had been imposed on brandy.    By some
mistake only one shilling was levied; the House, therefore
in 1830, resolved that it should be raised to the intended
rate.   The Legislative Council demurred to this measure,
and asked for a conference.    A grave constitutional question was thus raised, touching which neither branch of the-
Legislature would give way.   In the Assembly, Mr. John
Young (" Agricola"), the Speaker, Mr. Archibald, and Mr
Beamish Murdock, the historian of the Province, vindicated
the right of the Assembly to exclusive control over matters-
of supply.*    A dead-lock ensued, and the session came to a
close.    Next year the dispute was renewed, but it ended in
a triumph of the House.
It was clear that fife had been infused in the body politic
of Nova Scotia, and thenceforth we rise above the dead level
of the more primitive time.'   In the autumn of 1832, Sir
* During the debate, Mr. Young, in the course of a luminous speech, said ; " It was not
merely that four-pence per gallon to be imposed upon brandy and gin, for value In mouey
weighed nothing in the balauce compared with the constitutional light which the Imposition of the duty involved," Campbell, p. 269. Chief Justice' Young, it may be noted,,
was a son of " Agricola." SSSSJ^i^SSS^S-S^SS^^^^SS^SSSS
TEE SCOT IN BRITISE NORTH AMERICA.
507
Peregrine Maitland left finally for England, just before the
coming storm fell upon the Province. Another interregnum followed, during which the symptoms of uneasiness
became more marked. Events in the Canadian Provinces
were rapidly approaching a crisis, and the contagion spread,
first to New Brunswick, and subsequently to Nova Scotia.
In February, 1833, the Legislature was convoked by the
President, and a dispatch read from the Colonial Secretary
recommending anincreaseinthesalari.es of the judges. Mr.
Stewart at once moved a resolution in favour of the increase,
but tacked to it a prayer, that whilst the Assembly would
concede what was asked, " when required] to do so in the
manner prescribed in by the British Constitution," his
Majesty " would be pleased to make such an order respecting the casual and other revenues of the Province, now ex-
pended without the consent of the House, as would render the
same subject to the disposal and control of the House." During the debate Mr. (afterwards Chief Justice) Sir William
Young, delivered a moderate speech, recommending a conciliatory course. The debates had now become much livelier,
and embraced a wider range of subjects. In 1834, Mr.
Stewart attacked the Council, and proposed a reform in its
constitution, but for the present nothing came of the motion.
At the beginning of July, 1834, Sir Colin Campbell arrived
at Halifax and the administration of Thomas Jeffery, President, came to a close. Sir Colin was every inch a soldier and
a Highland Scot to boot. Born in 1792, he entered the
army as ensign in 1808, and within a few weeks, when yet
too juvenile to carry the colours, was engaged with his regiment (the 9th foot) on the heights of Vimiera.    He served 508
THE SCOT IN BRITISH NORTH AMERICA.
during Sir John Moore's campaign and was present at the
closing1 scene, when his General fell at Corunna. He was
with the Walcheren expedition, and then back to the Peninsula. At th e storming of St. Sebastian, he led a forlorn hope,
and was twice wounded, and fought subsequently at Vittoria
and the passage of Bidessoa. In 1814 he took part in the
American war, then in the West Indies, and in 1842 in China.
It was in the second Sikh war, however, that his rare qualities
as a general first attracted public attention. At the battle
of Chillianwalla, he won by a somewhat rash manoeuvre, and
at Goojerat he made a brilliant coup, capturing one hundred
and fifty-eight guns. In 1851 he was sent against the hill
tribes, and forced the Kohat Pass. With only a few horsemen and some guns he forced the submission of the combined
tribes—numbering 8,000 men. And yet after forty-four
years' service he returned to England a simple colonel. But
there was no jealousy in his nature, and he saw carpet
warriors promoted over his head without uttering a complaint. He bided his time and, although his friends were
more angry and impatient than he, it came at last with the
outbreak of the Crimean War. Even then he was only appointed to the command of a brigade, not of a division, and
remained a colonel until June, 1854. In the Crimea, Sir
Colin commanded one half of the First Division under H. R.
H. the Duke of Cambridge. The other brigade consisted of
a battalion of Grenadier Guards, one of the Scots Fusilier
Guards, and another of the Coldstreams. Sir Colin Campbell
had under him the Highland Brigade comprising the 42nd,
79th and 93rd Highlanders. On the 20th of September,
1854, the battle of the Alma was fought.     The advance THE SCOT IN BRITISH NORTE AMERICA.
509
across the river had been made by the First Division and
they were j formed up " on the opposite bank, the Guards to
the right, the Highland Brigade to the left. So steadily they
marched up the steep, that Lord Raglan exclaimed to his
staff: "Look how well the Guards and the Highlanders ad-
vance ! "* Sir Colin Campbell had made a brief speech to
his men, concluding with the words : " Now, men, the army
will watch us; make me proud of the Highland Brigade."
That was before the battle; when the onset began, the General had only two words for the Black Watch which was in the
advance—"Forward, 42nd." He himself rode with them. He
then went forward to reconnoitre, and his horse was twice
shot. I Smoothly, easily, swiftly," says Kinglake, "the Black
Watch seemed to glide up the hill. A few minutes before,
and their tartans ranged dark in the valley—now, their
plumes wave on the crest."*(* How gallantly the battle was
won may be learned from the historians. Lord Raglan met
Sir Colin, who was on foot, having lost his horse, and warmly
congratulated him on the valour displayed by the Highlanders. Campbell only made one request, that so long as he
commanded the Brigade, he should be permitted to lead them
into action wearing, like his men, the Highland bonnet.
Throughout the battles in the Crimea and the weary siege of
Sebastopol the Highlanders were " aye the foremost" under
their bluff, warm-hearted commander. They had not yet done
with war, however. Shortly after peace had been proclaimed,
the three regiments of the old Highland Brigade were to-
* " The First Division formed up after crossing the Alma, and although they incurred considerable loss, they nevertheless advanced In most beautiful order—really as if on parade,
j'shall never forget the sight—one felt so proud of them."   Letters from Headquarters.
t Kinglake's Crimea, vol. Ii., p. 475. 510 TEE SCOT IN BRITISE NORTE AMERICA.
gether in India to assist in quelling the Sepoy Rebellion, and
Sir Colin Campbell was with them. In addition to the
42nd, 79th and 93rd, there was notably the 78th* and jointly
they performed prodigies of valour. At the relief of Cawn-
pore and siege of Lucknow, Sir Colin Campbell was the conspicuous figure. He remained at his post until the last spark
of rebellion had been stamped out. Created Lord Clyde in
recognition of his inestimable services in the field, the old
Lieutenant Governor of Nova Scotia survived until August
the 14th, 1863, when he died shortly before completing his
seventy-first year.*J*
To return to Nova Scotia and 1834. Sir Colin Campbell
arrived at Halifax, as already stated, at the beginning of
July. The Province was in an exceedingly depressed condition.
There had been two bad harvests, the currency was deranged
by an unlimited issue of inconvertible paper, and goods and
property generally were seriously depreciated in value. But
that was not all. In August, the cholera made its appearance, and cut down its victims by the hundred. In November, the Assembly met, and the Governor read a Speech from
* Sir James Outram, after one of the many actions of this war, addressed this regiment as
follows: " Your exemplary conduct, 78th, in every respect through this eventful year, I can
truly say, and 1 do most emphatically declare, has never been surpassed by any troops of
any nation, In any age, whether for Indomitable valour in the field, or steady discipline in
the camp, under an amount of fighting, hardship and privation such as British troops have
seldom, if ever, heretofore been exposed."
SjHpice this brief sketch of Lord Clyde was written, Lieutenant-General Shadwell has published his biography. A reviewer in Blackwood (April, 1881) thus speaks of his last hours ;
" The writer of this notice was once witness of a touching scene in a village hospital after
a great battle. A cavalry trumpeter, whose death was close at hand, sprang suddenly from
his bed, seized his trumpet that lay beside him, blew, with thrilling notes, the 'charge,'
and then fell baek and died. The same spirit moved in Lord Clyde. When the bugle
sounded in the barrack square, outside the quarters where he lay, he sprang up and exclaimed, 'I am ready.' Yes, he was ready: ready in life for the call of duty—ready to die
as a soldier and a Christian should die. 'Mind this, Eyre,' he said, ' I die in peace with all
the world.'" TEE SCOT IN BRITISE NORTE AMERICA. 511
the Throne, of rather unusual length. The Crown had
offered a' surrender of the casual' and territorial revenues,
provided the Assembly gave in exchange a permanent civil
list. As, however, the House had not accepted the proposal, Sir Colin stated that he was instructed not to repeat
it. The quit-rents, another ground of dispute, were to be surrendered, however, if the Assembly would grant the Crown
two thousand pounds a year. This offer was accepted, with
the promise that the annuity should be applied to the payment of the Lieutenant-Governor's salary. Thus far the
course of political events had been much the same as in
Lower Canada, and the appearance of Mr. Joseph Howe
in the Assembly of 1837 was the signal for another movement which made the resemblance closer. An agitation for
responsible government arose, which was to bring forth fruit
in years to come. Meanwhile Messrs. Young and Howe attacked the Council, Both in New Brunswick and Nova
Scotia, this body was singularly anomalous in its constitution.. It not only possessed legislative, but also executive
functions, and its deliberations were conducted with closed
doors. In short, what purported to be a second Chamber,
turned out in practice to be a sort of legislative Privy
Council, responsible to no one, except the representative
of the Crown. As an executive body, of course, there was
reason for the exclusion of strangers; but in its other capacity there was no excuse for so antiquated a system. Mr.
John Young attacked also the Septennial Act, and proposed
that general elections should be held every four years. The
Council threw out a Bill passed by the House to this effect,,
but it was forced through in the following year.   In 1838„
i 512 TEE SCOT IN BRITISE NORTH AMERICA.
probably quickened by what had occurred in Canada, the
Colonial Office, under Lord Glenelg, reluctantly consented
to divide the Council in two, to be styled the Executive, and the Legislative Council respectively. Of course
the appointments made by Sir Colin Campbell did not suit
the majority in the House, and discontent continued.* His
Excellency spoke like a strict military disciplinarian, and
through all his utterances the soldier type of rule peeps forth.
Both parties appealed to England, and some concessions were,
in consequence, made to the Assembly. In 1840, the Cunard
♦Company put their first steamer afloat on the route between
Liverpool and Halifax and Boston. Mr. Cunard, who was a
Haligonian, put himself in communication with Mr. Robert
Napier, the great ship-builder of the Clyde, and associated
himself in partnership with Messrs. Mclver and Burns, of
•Glasgow. The company was essentially Scottish in all but
the name. To this period belonged Judge Haliburton (Sam
Slick), whose ancestors had emigrated from Scotland in the
reign of Queen Anne, and settled in the New England colonies ; Charles R. Fairbanks, born at Halifax, and pupil of
the Rev. Dr. Cochran, at Windsor academy; and Hugh
Bell, who was not only a public man but a philanthropist.
During 1840 political agitation was at fever heat in Nova
Scotia. It was a time of general agitation by public meeting and otherwise. Lord Durham's report had given emphasis to the demand for responsible government.     Lord
* At the close of the Session, the Governor said that It was Impossible to give satisfaction to all.   Some persons were, no doubt, dissatisfied that they were not named to the
Council; but as he was responsible to Her Majesty for the selection he had made, he would
-firmly resist any attempt to encroach on the Royal prerogative, or to influence him in the
fulfilment of his duties.   Campbell, p. 326. TEE SCOT IN BRITISE NORTE AMERICA. 513
John Russell had, notwithstanding his prejudices, partially
conceded the principle in dispute. But the Nova Scotia
Council ignored the instructions sent to Governor Sir John
Harvey, of New Brunswick. In the end, though with great
reluctance, the Assembly petitioned for the recall of the
Lieutenant Governor. Sir Colin Campbell left the Province
in the autumn of the year, personally respected by all parties,
even those most at variance with him on public questions.*
Viscount Falkland succeeded, and here the course of events
in the Province may be left to be taken up again in a subsequent chapter.
In New Brunswick the course of events ran in much the
same groove, with the important difference that the contest
was over in this Province before it had well begun in Nova
Scotia. Prior to the. political period strictly so-called, the
efforts of rulers were here also devoted entirely to the
material improvement of the Province. The Government
was in the hands of a caste, whilst the people were too
earnestly engaged in subduing nature to pay much attention
to public affairs. Amongst the Governors of New Brunswick we find a number of Scots, chiefly military men, Generals Hunter, Balfour, and Sir Howard Douglas; and the
* " The political opponents of Sir Colin Campbell and his administration cherished no vindictive feeling towards him. In their intercourse with him he had been always pleasant
and courteous; but the old soldier belonged to an unbending school, and was utterly unfitted by habit and training for the position which he occupied. He deemed it a point of
honour to defend the Executive Council, and well nigh sacrificed his honour in his infatuated
resistance to the explicit instructions of the Colonial Office." Campbell, p. 345. Sir William
Young, in an address delivered at the Centennial of the North British Society in 1868, in referring to past Presidents and patrons said: "Then comes the honoured name.of Sir Colin
Campbell, our Lieutenant Governor at the time when the new principles of government
were first developed in the Province. I differed with him in politics, but he always honoured
me with his personal confidence and friendship. He was a manly, true-hearted Scotchman,
and the Society did itself honour by the steadiness and enthusiasm with which they sustained
him."   Annals.of the North British Society of Halifax.   By James S. Macdonald. 514 TEE SCOT .IN BRITISE NORTE AMERICA.
Hon. A. Black was President in the interval between the
Douglas and Campbell rSgimes, or from 1829 to 1832. In
the latter year Sir Archibald Campbell became Governor of
New Brunswick. Like his namesake Sir Colin, he was
above all things a soldier, and an unyielding champion of
prerogative. At that time no doubt there was something to
be said on behalf of the military theory of government; but
that writers who wielded the pen fourteen years afterwards
should, when the entire system had been given up, still plead
for it, seems strange to us.* According the dictum of these
political writers the rulers, not the ruled, were the best judges
of what was good for them. Paternal government was
much to their advantage, if only they had known their true
interests. Unfortunately the people fancied that they did
understand their own interests better than Colonial Secretaries or Governors, who backed, with all the power of the
Crown, the small oligarchical faction which had turned the
State into a political game-preserve. In the end the Imperial Government was constrained to admit that the people
had been all along in the right, and that their own wisdom
had proved to be egregious folly.
In 1832 the first step in the path of progress was made
hy the separation into two bodies of the Legislature and
Executive Council.    How they ever came to be united is a
* See especially Gesner's New Brunswick, p. 335. " Of late years there has been a constant effort of the popular branch to advance upon the rights and privileges of the Sovereign,
and which in Canada was carried to an alarming extent. To maintain the prerogatives of the
Crown, which, by the Constitution, cannot take away the liberties of the people, and to secure
to the subject his just rights, should be the aim of the Government; and there are perhaps
no people in the world who have less cause to complain of their rulers than those of the
British American Colonies." The refreshing simplicity of this authoritative verdict upon
public affairs will be better appreciated when the reader notes that the work was published
in 1846. THE SCOT IN BRITISH NORTH AMERICA.
515
question not to be readily solved. The Executive was, by
its nature, a secret body, the advising council of the Governor, and yet, as in Nova Scotia, possessed Legislative duties,
and sat with closed doors. Two branches of the Legislature
were thus practically one, and its heads had the entire power
•of government. The Assembly was utterly powerless, since
the only check they possessed upon arbitrary rule was
denied them; they could not effectively withhold the supplies until popular demands were complied with. The next
ground of complaint was the management of the Crown
Lands. No system could have been devised so likely to
lead to abuses. The Chief Commissioner was an officer entirely independent of legislative control. He received a
splendid salary, which fees and perquisites augmented, and
lived in a style of ostentatious magnificence. In 1832, the
Assembly called for an account of the revenue derived from
this source, and was politely told to mind its own business.
Delegates were sent to England to represent the state of
affairs to the Colonial Office, and an arrangement, agreeable
to the House, was made by Mr. Stanley (the late Lord
Derby), at that time Secretary for the Colonies. Through
some crooked manoeuvring by the back stairs, however, the
reform was not carried out. The Land Company was a
monopoly of the most objectionable type, and made matters
worse. The Joseph Howe of New Brunswick then appeared in the person of Mr. Wilmot (afterwards Lieutenant-
Governor). In 1836, he moved for a return of the Crown
Land funds, but only received a bald general statement from
the Governor. Another deputation visited England with a
petition  in favour of a surrender of all the revenues to the 516 TEE SCOT IN BRITISE NORTE AMERICA.
Assembly. Lord Glenelg acceded this time, and the casual
and territorial revenues were surrendered on condition that
a permanent civil list were provided. Sir Archibald Campbell refused to sign the Civil List Bill,* and resigned. His
successor, Sir John Harvey, to whom reference has already
been made, succeeded in restoring harmony in 1837, and the
crisis was over. The Civil List Bill became law on the
17th of July amidst demonstrations of joy from the Reform
party, and its chiefs found themselves now in the Executive
Council. The year 1837, which brought the New Brunswick
struggle to an end, witnessed, as we have seen, the com-
mencement of another in Nova Scotia.
Public affairs in Prince Edward Island do not call for
very minute attention. There the great bone of contention
was the land system, of which a fuller account may be given
hereafter. The breeze of discontent which affected the other
North American colonies from Halifax to Sandwich, was
long in making any impression upon the feudal system established in the island. In 1813, so secure were those in
power, that Mr. Charles Douglas Smith, the Governor, re-
enacted, in a'small way the unconstitutional rule of Charles
I. In 1813, he prorogued Parliament in a brusque manner,
and did without one very comfortably for four years. Three
Assemblies were then successively called, all of which were
found unmanageable, and therefore sent about their business.
* The pretext for this extreme measure was, that the amount (£14,500) was not
sufficient to repay the needs of civil government, since some expenses, such as the salaries of the Circuit Court judges, had not been provided for. The truth was, the dominant
party dreaded the power conferred upon the Assembly : and Sir Archibald Campbell apprehended that the House might launch out into lavish expenditure, so soon as the large sum
of £171,000 odd was handed over to them for distribution. As a matter of fact his fears
proved to be well-grounded. THE SCOT IN BRITISH NORTH AMERICA.
517
In fact, for a whole decade, there was no such thing as parliamentary government in Prince Edward Island. The Governor took upon himself all the functions of government, collecting the quit-rents, forcing sales, and plunging the entire
colony into distress. Then followed riotous assemblages, at
which open charges were made against Mr. Smith. A Mr.
Stewart, who had protested against these arbitrary acts, only
saved himself from arrest by flight. He reached England,
and upon his representations'and proof of the facts, Governor
Smith was recalled. The succeeding* Governors were of a
different stamp; yet the popular spirit had been aroused,
and nothing would satisfy it save the establishment of responsible government; but the time had not yet arrived for that
concession. Still much was done in the way of reform. The
Catholics were emancipated in 1830 ; in 1837, the Governor
attempted to deal with the land question. The soil of the
island was owned mainly by a few absentee landlords, who
intended their property to remain in a state of nature, so
that they might profit by the energy of those who tilled the
land. The House had suggested a heavy tax upon wild lands,
and the forfeiture to the Crown of all estates upon which
arrears of the tax were due. But the Colonial Office, whose
ears the land-owners had gained, would not listen to the proposal. In this state were public affairs in Prince Edward
Island at the opening of the year 1841.
M CHAPTER V.
CANADA FROM 1840 TO 1867.
!HE abortive rebellions in the two Provinces, like the
war of 1812, had the immediate effect of stimulating
political activity, and entirely diverting the current of public affairs. The skill and address of Mr. C. Poulett Thompson (afterwards Lord Sydenham of Toronto) surmounted
the grave objections advanced in both Provinces against the
project of re-union. The Home Government saw clearly
enough that there was no prospect of permanent contentment unless by undoing the Constitutional Act of 1791. In
Lower Canada, the representative system was under suspension, and the government carried on by a Special Council.
The aim of the colonial office, therefore, was by a union of
the Provinces, to give the British and loyal population a
majority in the Legislature. It wa's supposed that by estab-
lishing.from the outset,an equality of representation, although
Upper Canada was really inferior to the Lower Province in
numbers and revenue, some security would be given for the
ascendency of the English-speaking race. A minority in
Lower Canada, chiefly representing the eastern townships,
was British, and it was naturally supposed that they would
unite with the members from Upper Canada. It seemed
clearly the purpose of the Imperial Government if possible THE SCOT IN BRITISH NORTE AMERICA.
519
to swamp the French, malcontents, and make the future
Parliament predominatingly British. Hence the violent
opposition to the union in Lower Canada. However, as the
people there had no voice in the matter, their protests counted
for little.
In Upper Canada, it might have been thought that the
advantages to be reaped from the proposed measure were
obvious enough. The finances of the Province were in a
woful condition. Lower Canada collected the customs duties
at Quebec, and although some sort of provision had been
made for an equitable division of the fiscal revenue, as a
matter of fact, the Upper Province reaped little or no benefit
from it; on the other hand it had no power to levy import
duties. The Union Bill by giving eaeh section equal representation, and charging debts upon the Consolidated Revenue
Fund of the United Province, gave the west a balance of
profit out of the new partnership to which it had no equitable
claim. On the other hand, the dominant party saw with
dismay the prospect of a coalition, in a single Assembly, of
the Reform elements in both Provinces. They well knew
that the boon of responsible government vaguely promised
would before long be made a reality. They trembled for
the loyalty and religion of Canada, and feared that the
Union Bill would prove to be a revolution in disguise. It
must be confessed that, apart from personal and party considerations, there was no small cause for apprehension. The
prospect of having a compact body of French Canadians,
ready to throw in the weight of their influence with an Upper
Canadian minority was not an inviting one.    In after years 520
TEE SCOT IN BRITISE NORTE AMERICA.
the cry of | French domination," however, was heard not
from the Conservative, but the Liberal side.
At that time, £he loyal party apprehended i the greatest
danger to our civil and political institutions, and even to our
connexion with the parent state." * They only yielded
because it was evident that the Imperial Government was
bent upon the prosecution of the measure. An attempt
was made by Mr. Sherwood to expunge the equality clause,,
and substitute a provision by which Lower Canada would
have fifty members, and Upper Canada sixty-two as before.
This amendment was rejected by a vote of thirty-six to nineteen. The discussion need not trouble us further here;
it may suffice to mention that the measure, as drawn up by
Sir James Stuart, passed almost as he drafted it.*f*
The Governor-General had been raised to the peerage in
August, 1840, and on the 14th of June, 1841, he opened the
first session of the first Canadian Parliament at Kingston,,
which had been selected as the seat of government. In the
previous year, it should be noted, two importan