{"@context":{"@language":"en","AIPUUID":"https:\/\/open.library.ubc.ca\/terms#identifierAIP","AggregatedSourceRepository":"http:\/\/www.europeana.eu\/schemas\/edm\/dataProvider","CatalogueRecord":"http:\/\/purl.org\/dc\/terms\/isReferencedBy","Collection":"http:\/\/purl.org\/dc\/terms\/isPartOf","Creator":"http:\/\/purl.org\/dc\/terms\/creator","DateAvailable":"http:\/\/purl.org\/dc\/terms\/issued","DateIssued":"http:\/\/purl.org\/dc\/terms\/issued","Description":"http:\/\/purl.org\/dc\/terms\/description","DigitalResourceOriginalRecord":"http:\/\/www.europeana.eu\/schemas\/edm\/aggregatedCHO","Extent":"http:\/\/purl.org\/dc\/terms\/extent","FileFormat":"http:\/\/purl.org\/dc\/elements\/1.1\/format","FullText":"http:\/\/www.w3.org\/2009\/08\/skos-reference\/skos.html#note","Genre":"http:\/\/www.europeana.eu\/schemas\/edm\/hasType","Identifier":"http:\/\/purl.org\/dc\/terms\/identifier","IsShownAt":"http:\/\/www.europeana.eu\/schemas\/edm\/isShownAt","Language":"http:\/\/purl.org\/dc\/terms\/language","Notes":"http:\/\/www.w3.org\/2009\/08\/skos-reference\/skos.html#note","Provider":"http:\/\/www.europeana.eu\/schemas\/edm\/provider","Publisher":"http:\/\/purl.org\/dc\/terms\/publisher","Rights":"http:\/\/purl.org\/dc\/terms\/rights","Series":"http:\/\/purl.org\/dc\/terms\/isPartOf","SortDate":"http:\/\/purl.org\/dc\/terms\/date","Source":"http:\/\/purl.org\/dc\/terms\/source","Subject":"http:\/\/purl.org\/dc\/terms\/subject","Title":"http:\/\/purl.org\/dc\/terms\/title","Type":"http:\/\/purl.org\/dc\/terms\/type","Translation":"http:\/\/purl.org\/dc\/terms\/description"},"AIPUUID":[{"@value":"81deca17-615b-477b-a61d-0ca3682bac2f","@language":"en"}],"AggregatedSourceRepository":[{"@value":"CONTENTdm","@language":"en"}],"CatalogueRecord":[{"@value":"http:\/\/resolve.library.ubc.ca\/cgi-bin\/catsearch?bid=128671","@language":"en"}],"Collection":[{"@value":"British Columbia Historical Books Collection","@language":"en"}],"Creator":[{"@value":"Rattray, W. J. (William Jordan), 1835-1883","@language":"en"}],"DateAvailable":[{"@value":"2015-04-07","@language":"en"}],"DateIssued":[{"@value":"1881","@language":"en"}],"Description":[{"@value":"\"Personal name index in v.4. Volume 4 is on the 'North-west,' and includes chapters with biographical information on people connected with the C.P .R. and British Columbia.\" -- Lowther, B. J., & Laing, M. (1968). A bibliography of British Columbia: Laying the foundations, 1849-1899. Victoria, BC: University of Victoria, p. 67.
\"Prefaces dated: Feb. 16, 1880-Dec. 13, 1883. Paged continuously. Bibliographies: Vol.1, p.viii; vol.2, p.vi; vol.4, p.vii. Vol.4 treats the northwest from Manitoba to Vancouver Island.\" -- Strathern, G. M. , & Edwards, M. H. (1970). Navigations, traffiques & discoveries, 1774-1848: A guide to publications relating to the area now British Columbia. Victoria, BC: University of Victoria, p. 243.","@language":"en"}],"DigitalResourceOriginalRecord":[{"@value":"https:\/\/open.library.ubc.ca\/collections\/bcbooks\/items\/1.0221813\/source.json","@language":"en"}],"Extent":[{"@value":"325-648 pages : illustration ; 24 cm","@language":"en"}],"FileFormat":[{"@value":"application\/pdf","@language":"en"}],"FullText":[{"@value":" THE UNIVERSITY OF\nBRITISH COLUMBIA\nLIBRARY THE SCOT\nIN\nBRITISH NORTH AMERICA.\nBY\nW. J. EATTEAT, B. A\nVOL. II.\n,Toronto:\nMACLEAR AND COMPANY\n All Rights Reserved. Entered according to the Act of the Parliament of Canada, in the year one\nthousand^eight hundred and eighty, by Macleab. & Co., Toronto, in\nthe office of the Minister of Agriculture. PEEFACE.\nJHE prolonged delay in the issue of the second instalment of this work has not been wholly the fault\nof the publishers or of the writer. It was originally\nintended to follow up the local bearings of the subject\nthrough the entire Province of Ontario. Unfortunately the\nnecessary information has been so long in coming to hand\nthat no course was open to us but to fall back upon the\npolitical aspect of the Scot. In dealing with this, it is hoped\nthat a fair measure of justice has been meted out to distinguished Scots of both parties. The purpose of the book is\ndistinctly non-partisan; and, although pronounced opinions\nhave been expressed, it is hoped that they have not been put\nobtrusively forward. To be measurably neutral, without\nmaking the work colourless, has been the aim throughout.\nMany names, which might have found a place here, have\nbeen omitted, partly from lack of details concerning them,\nbut mainly because they will come in appropriately hereafter. In conclusion, we may state that those who can\nafford information concerning Scottish settlements, throughout Ontario, north, east and west, will confer a great favour\nby communicating it at an early date, so that the next-\nvolume may be as complete as possible, and reach the subscribers' hands within a reasonable time.\nMay 16th, 1881. TABLE OF CONTENTS.\n-\u2022+-^B> + -\nVOL. I. .\nDedication iii\nPreface v\nIntroduction 1\nPAET I. THE SCOT AT HOME.\nChap. I. The Land and the People 27\nChap.II. Early History . 38\nChap. III. The War of Independence 63\nChap. IV. Religion in Scotland\u2014The Reforma-\ntion and the Covenant ,....,. 93\nChap. V. The Highlanders and Jacobitism 143\nChap. VI. The Women and the Homes of Scotland 167\nChap. VII. General Summary 187\nPART II. THE SCOT ACROSS THE SEA.\nChap. I. Abroad 206\nChap. II. Early Conquest and Colonization 229\nChap. III. British Rule after the Conquest 289\nVOL. II.\nPreface iii\nPART III. THE SCOT IN PUBLIC LIFE.\nChap. I. The War of 1812 325\nChap.II. Colonial Government down to 1791.... 392\nChap. III. Constitutional Rule prior to 1812 404\nChap. IV. From 1815 to 1841 413\nChap. V. Canada from 1840 to 1867 518 The following works have been consulted in the preparation of this volume :\u2014\nSimcoe's Military Journal; Tupper's Life and Correspondence of Brock ;\nCoffins' 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;\nJames' Military Occurrences and Naval History ; Wilkinson's Memoirs; Van\nRensselaer's Narrative of the Affair at Queenston; Genealogical Account of the\nShaws; the Letters of Veritas ; Le Moine's Maple Leaves, Quebec, Past and\nPresent, and Scot in New Prance; the Histories of Christie, Garneau, McMul-\nlen, and Withrow ; Dr. Ryerson's Loyalists of America; Mrs. Jameson's Winter Studies and Summer Rambles; Scadrling's Toronto of Old, and First Bishop\nof Toronto; Todd's Parliamentary Government in the British Colonies; Watson's Constitutional History ; Morgan's Celebrated Canadians, and Bibliotheca\nCanadensis; The Canadian Parliamentary Companion from 1862 to 1880 ; the\nCanadian Legal Directory; Men of the Time, 1879 ; Portraits of British Americans ; the Canadian Portrait Gallery; the Canadian Biographical Dictionary ;\nHistories of Nova Scotia, by Haliburton, Murdoch and Campbell; Nova Scotia\nArchives ; Annals of the North British Society of Halif as ; Brown's Cape Breton ; Patterson's Pictou ; Gesner and Munro on New Brunswick; Fenety's\nPolitical Notes (ditto); Prince Edward Island, by Stewart and Johnston;\nMartin's British Colonies ; Gourlay's Statistical Account of Upper Canada,\nand Banished Briton and Neptunian ; Lindsey's Life and Times of Mackenzie ;\nAssembly Report, 1888 : Sir F. B. Head's Narrative ; Strickland's Twenty-\nseven Years in Canada West; McTaggart's Three Years in Canada; Lord\nDurham's Report on the Affairs of B. N. America (1839) ; Dr. Rolph's Speech\non Responsible Government (1835); Robinson's (Sir J. B.) Canada and the\nCanada Bill; Gowan's Letter on Responsible Government; Lewis' Government\nof Dependencies ; Roebuck on the Colonies ; Kaye's Life of Lord Metcalfe ;\nthe Letters of Legion and those published by Leonidas (Dr. Ryerson); Addresses\npresented to Lord Metcalfe, with Replies; Proceedings of the First General\nMeeting of the Reform Association (1844); the Ministerial Crisis (1844) ; Address and Pamphlets-issued by the Reform Association ; Walrond's Letters and\nJournals of Lord Elgin ; Grey's Colonial Policy of Lord John Russell's Administration ; Adderley's Review of Lord Grey ; Turcotte's Le Canada sous\nl'Union ; the Charlottetown Conference ; the Debates, &c., on Confederation ;\nthe Toronto Examiner files from 1839 ; Weekly Globe files ; together with York\nand Quebec Almanacs, Journals, and MS. information.\nThe writer desires again to acknowledge his obligations for books, papers, and\nother sources of information, to Alpheus Todd, Esq., Parliamentary librarian,\nand Samuel J. Watson, Esq., librarian of Ontario, and John Davy, Es^., librarian of the Mechanics' Institute, Toronto. In addition, so many friends\nhave kindly assisted in furnishing matter, that our only fear is that some of\nthem may be overlooked. We recall the names of Mrs. Stephen Heward, Mrs.\nJohn Hillyard Cameron, Miss McLean, Rev. A. Macnab, D.D., Messrs. J. M.\nLe Moine, J. C. Dent, T. T. Rolph, W. R. Strickland, J. E. McDougall, D. B.\nChisholm, Angus Macdonell, John McLean (Cornwall), Dr. Robinson (Claude),\nJohn McLean, (Elora). ^M\nPART III.\nTHE SCOT IN PUBLIC LIFE.\nCHAPTER I.\nTHE WAR OF 1812.\n(ap|) EFORE proceeding to describe, with some fulness of\nkst^ detail, the conspicuous part taken by Scotsmen in\ncivil government, it will be necessary to devote at least a\nchapter to the struggle between Canada and the United\nStates, during the three years from 1812 to 1815. Numerous\naccounts of the war have been written on both sides of the\nboundary line, setting forth, with more or less fairness and\naccuracy, the events of that stirring time. Unfortunately\nthe American histories are seldom or never completely trustworthy ; on the other hand, Canada's modest and truthful\nvindication of the loyal prowess of her sons, has not received\nthe attention to which it is entitled. The same perverse\nbias, begotten of national jealousy, which prompted the\napotheosis of Napoleon I. by Abbott, crops up, with rank\nluxuriance, when the events of the last war are dealt with.\nIt is outside the purpose of this work to give a full account\nof that memorable conflict; still, for the sake of completeness,\na succinct sketch, in outline, of the causes and progress of 326 TEE SCOT IN BRITISE NORTE AMERICA.\nthe war seems desirable. Special prominence will, of course,\nnecessarily be given to Scots who had a conspicuous share\nin the events of the time. To all Canadians-including\nunder that term as well those of French as of British\noriffin natives no less than home-born residents\u2014the war\nleft behind it a legacy rich in glorious and fragrant memories. There are happily still living among us some whose\naged blood is even now stirred by reminiscences of that-\nmemorable episode in our national history. Certainly no-\npeople, so few in numbers, and so sparsely settled over a\nwide tract of wilderness, ever emerged more triumphantly\nfrom a struggle apparently hopeless at the outset. To the\nbrave population of that day, the declaration of war must\nhave come with almost the benumbing shock of a death-\nwarrant. But if the omen of disaster and defeat obtruded\nitself, it passed away unregarded. Instead of shrinking\nbefore the grandiloquent periods of Hull, they rose, as one\nman, fired by British loyalty and pluck, resolved to o'er-\nmaster fate, and hurl the invader, dazed and reeling, from\nthe land which was their own.* The patriotism of the\npeople rose superior to the difficulties which lay in their\npath; and these were neither few nor insignificant. The\npopulation of the United States, according to the census of\n1810, numbered nearly seven millions and a quarter ;-f- that of\n* Brock's words at the opening of the Legislature in July, 1812, must have inspired many\na heart with courage : \"We are engaged in an awful and eventful contest. By unanimity\nand dispatch in our councils, and by vigour in our operations, we may teach the enemy this\nlesson, that a country defended by freemen, enthusiastically devoted to the cause of their\nking and constitution, can never be conquered.\" Tupper: Life and Correspondence of\nBrock. London, 1845, p. 203. The Upper Canada Assembly at once issued a strong appeal\nto the yeomanry of the Province. Thompson; History of the late War. Niagara 1832\np. 102. Auchinleck's History, p. 46.\nt American Almanac (1880;, p. 18. TEE SCOT IN BRITISE NORTE AMERICA.\n327\nLower Canada was 400,000, while in Upper Canada there\nwere about 70,000* To defend a frontier of 1,700 miles\u2014\nof which 1,300 lie between Upper Canada and the United\nStates\u2014including the garrisons of Quebec and Kingston,\nthere were only 4,500 regulars, of whom only 1,450 were\nquartered in the Upper Province. The militia numbered\n\u25a0 about 2,000 in Lower Canada, and perhaps 1,800 in Upper\nCanada.\"*f* In order to conquer this insignificant array,\n100,000 militia were called out in the United States\u2014a\nlarge proportion of them from States bordering on Canada.\nBesides these there were 5,500 regulars already trained\nand under arms.j Moreover, no substantial assistance was\nto be expected from the mother-country, whose entire resources in men and money were strained to the utmost in\nthe most desperate struggle of modern times. England's\nhour 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\nRepublic. Whilst he remained at the head of affairs, Washington and the Federal party strenuously opposed war with\nEngland; and yet so vehement was the popular feeling that\nI the father of his country \" was denounced as a traitor and\na spy, only less culpable than Benedict Arnold. In 1796,\nthree years before Washington's death, John Adams ,was\n* Quebec Almanac for 1816, p. 188. Gourlay: Statistical Account of Upper Ca'.iada,\nvol. i. p. 139- The latter, in his General Summary (ibid. p. 16), reckons the Upper Canada\npopulation at 83,250 some years after the war. See also Surveyor-General Bouchette's\nBritish Dominions in North America, vol. i. pp. 75 & 347. McMullen, however, states the\nLower Canadian population at only 220,000. History, p. 255.\n+ See Coffin: 1812 : The War and its Moral, p. 85. James -.Military Occurrences, p. 52\nChristie: Lower Canada, vol. i. p. 343.\nt Thompson (late of the Scots Greys);: History. Niagara, 1832, p. 101. 328\nTEE SCOT IN BRITISE NORTE AMERICA.\nelected to the Presidency, and faithfully adhered to the\npolicy of his illustrious predecessor; but in 1800, and again\nin 1804, Jefferson reached the highest place in the state,\nand thenceforward the descent was rapid towards the abyss\nof war. It would be tedious to trace the various stages of\nthis downward process. Throughout, the attitude of France\nwas insolently aggressive in the highest degree; and yet\nevery indignity was borne by the Washington government\nin a spirit of abject submission. Bonaparte had already\ncrossed swords with the American Republic in a brief war -\nand the peace he concluded was perfidiously broken* He\nhad engaged to maintain the international maxim, agreed to\nby the Baltic powers, according to which the flag was to\ncover the merchandize. Yet he contemptuously violated his\nobligations and preyed upon the American commercial marine, not casually, but on system.*}* Nevertheless, the famous\nBerlin Decrees of 1806 were unresented in America. It was\nonly when the British Order in Council appeared in reply\nto it, that the eagle's feathers were ruffled and his beak and\ntalons sharpened for the fray. The Milan Decree was dated\nthe 21st November, 1806, and it was received without a murmur of expostulation on the other side of the Atlantic \u2022 but\nno sooner did the retaliatory Order-in-Council make its appearance than a lusty outcry was raised against Great\nBritain. Nor did Napoleon's Milan Decree of December\n11th arouse the indignation of America. Enmity against\nBritain and abject submission to France were, no doubt, to\n* Coffin, p. 27.\nt In the Prince Regent's speech (January, 1813), we find the following : \" All these acts\nof violence on the part of France produced from the government of the United States only\nsuch complaints as end in acquiescence and submission.\" See Thompson, p. 13. TEE SCOT IN-BRITISH NORTH AMERICA.\nsome extent the fruit of Revolutionary bitterness; but there\nwas also a cool estimate of the profit to be made out of a\nrupture with the former country. The prize was Canada\u2014\nthe expulsion of Britain from the American Continent, and\nterritorial aggrandizement for the Union* The British claim\nto the right of search was not a new one, and had been exercised by most of the principal European nations. It appeared\nhumiliating no doubt; still it was the usage of the time, and\nwas not mentioned in 1814 in the Treaty of Ghent.f As\nfor the Orders-in-Council, they were repealed before the\ndeclaration of war was known in England.^ The British\nGovernment naturally expected that Congress would at once\nrevoke their warlike measures, so soon as intelligence of the\nwithdrawal of the Orders reached America. Mr. Madison\nstated that had that conciliatory step been taken in time,\nwar would not have been declared by the United States.\nHe had before him, however, the conditional promise of\nwithdrawal given on April 1st. Beside that, Great Britain\ndid not proclaim hostilities until October, four months after\nCongress had taken the initiative. This hasty and ill-con-\nsidered action of the Americans was perhaps, to a large ex-\n\" \" Everything in the United States was to be settled by a calculation of profit and loss.\nFrance had numerous allies; England scarcely any. France had no contiguous territory;\nEngland 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.\"\u2014James's Naval\nHistory, quoted in Tupper's Li\/e of Brock, p. 117. See also Auchinleck's War of 1812,\nchaps, i. and ii.; Thompson, chaps, i. to vii.; McMullen's History of Canada, pp. 250-253, and\nDr. Ryerson's Loyalists of America, vol. ii\u201e chap, xlvii. and xlviiL\nt Lieut. Coffin points out in his work (p. 29), that the lasf assertion of the right of search\nwas made by Commodore Wilkes in 1861, when he seized Messrs. Mason and Slidell, passengers in the West Indian Mail Steamer Trent\u2014an act for which he was rewarded by Congress\nFor the Treaty, see Auchinleck's History, p. 404.\n{ American Act declaring war signed June 18th, 1812; repeal of the Orders-in-Council,\nJune 23rd, 1812; English declaration of \"war, October 13th, 1812.\u2014Auchinleck, p. 43 ; Coffin, i, p. 33; Thompson',pp. 39-98; McMuHen,p. 253. 330 TEE SCOT IN BRITISE NORTE AMERICA.\ntent, due to the fear that some such concession would be\nmade in England. They wished, also, to surprise Canada,\nand capture the West Indian vessels then on their way\nhomeward. The hostile tone in Congress, as displayed in\nviolent speeches, like that of Henry Clay, exposed clearly,\nnot only the animus of the war party, but also its aims.*\nNeither Mr. Madison nor the majority in Congress, however\naccurately represented the feelings of the sober-minded\nportion of the American people. Mr. Randolph denounced\nthe war, as also did Mr. Sheffey, both from Virginia. So\ndid the Assemblies of Maryland, Connecticut, New Jersey,\n&c. At a New York Convention, the delegates, in a series\nof resolutions, strongly deprecated the war,*f* and there can\nbe little doubt that it was intensely unpopular amongst the\nmanufacturing and commercial classes in the Eastern States.\nThe electoral vote for President in 1812 shows very clearly\nthe sectional character of the war-fever. Unfortunately no\ncomplete popular vote was recorded until 1824.J This division in the camp of the enemy was a fortunate circum-\n* 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\nthe power and the means, and they ought not to rest until they obtained possession of the\nContinent. \" I wish,\" said he, \" never to see a peace till we do.\" Two years and six months\nafter Henry Clay signed an ignoble Treaty of Peace at Ghent, as one of the United States'\nCommissioners, on December 24th, 1814.\n+ \"That we contemplate with abhorrence even the possibility of an alliance with the prer\nsent Emperor of France, every action of whose life has demonstrated that the attainment,\nby 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-\nleck, p. 27; McMullen, p. 254.\n% The candidates for the Presidency for 1812 were James Madison (second tern!) and De\nWitt 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\nClinton were recorded the votes of Connecticut, Delaware, Maryland (half-vote), Massa-\nhusetts, New Hampshire, New York, and Rhode Island.\u2014American Almanac, 1880, p.\n261. War was, of course, the prominent issue, and, like all subsequent conflicts waged by,\nor in, the United States, it was d'stiuctly a slave-hulders' war. TEE SOOT IN BRIT1SE NORTE AMERICA. 331\nstance for Canada, considering her scanty population and\nmilitary resources. The apathy, or avowed abhorrence of\nthe war, in New England preserved the frontier from invasion over the vast expanse of territory from Halifax to Lake\n\u2022Champlain. 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\n-of the Chaudieire.\nThe preparations made in Canada to meet the impending\nshock were directed by the brave and vigorous Brock, who\nhad arrived in Canada, as Colonel of the 49th Regiment, in\n1802. From 1806, he was engaged in unremitting exertions\nto place the Province in a state of defence. In 1807, the\nfirst effort was put forth to enrol the loyal Highlanders;\n.and shortly afterwards the men of Glengarry appear upon\nthe scene in which they played so conspicuous and gallant a\npart. Writing to Mr. Windham (February 12th), Colonel\n.Brock transmitted \"for consideration the proposals of\nLieutenant-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\nstrongly recommended the acceptance of the offer, and the\nHighlanders being' all Catholics, proposed the Rev. Alexander Macdonell as Chaplain.* In 1811, Colonel Baynes\n* \" His zeal and attachment to Government,\" he writes, \" were strongly evinced whilst\nfilling the office of Chaplain to the Glengarry Fencibles during the Rebellion in Ireland, and\nwere generously acknowledged by His Royal Highness the Commander-in-Chief. His influ-\n-ence over the men is deservedly great, and I have every reason to think the corps, by his\n\u2022exertions, will soon be completed, and hereafter form a nursery from which the army might\n\u2022draw a number of hardy recruits.\"\u2014Life and Correspondence,^. 82-34. Colonel Macdonell,\nto whom reference will be made hereafter, became Brock's A.D.C, and fell shortly after his\n\u25a0chief at Queenston; the patriotic chaplain was subsequently Roman Catholic Bishop of\nRegiopolis (Kingston). 332 TEE SCOT IN BRIT1SE NORTE AMERICA.\nwrites to Brock of proposals made by \"an officer of the\nKing's Regiment, a Captain George Macdonell,\" to form a\ncorps. He is described as \"a relation of the Glengarry\npriest of the name.\" In the first instance it was to be a\nsmall battalion, with Macdonell as major. *\nWar was declared, by the United States, on the 18th of\nJune, 1812; but no intimation of the fact reached Canada\nuntil the 7th of July. General Brock, however, was on the\nalert; and, when the tidings reached him, had already made\nhis preparations. A distinguished Scot, Major-General ^Eneas-\nShaw, sprung of a fighting stock, deserves mention here. His.\nfather fought for the Stuart, at Culloden,*f* and the Clan Chat-\ntan (Shaw),has always had fighting men in thearmy and volunteers. The Major-General had served in the Revolutionary\nwar as Captain of the Queen's Rangers-(64th Foot).J Rising\nto the rank of Major-General, he was afterwards appointed\nAdjutant-General and a member of the Legislative Council\nof Upper Canada. He died of sheer fatigue, in 1813, leaving five sons\u2014all officers in the army\u00a7\u2014and four daughters.\n* We shall hear of this brave Highlander again at Chateauguay. See Life of Brock, pjll.\nt Qenealogical Account of the Shaws, London: 1877, p. 97. At CUlloden, said the\nProvost of Inverness, in 1745, \" the brunt of the battle fell on the Clan Chattan,\" for out\nof the twenty-one officers of their regiment, eighteen were left dead on the field.\nI Simcoe was Colonel during the Revolution, and has left a full account of the operations\nin 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\nthe Left Division of the Highland Company, under the command of Lieutenant, afterwards\nMajor-General, ^Eneas Shaw. One of the field pieces, belonging to the Light Infantry, had got\nfast in a quagmire, and at last was abandoned by the Artillery attached to it. The rebels\ngave a shout, 'Huzza! the cannon is our own,1 and advanced to take possession, when\nLieutenant Shaw ordered his Division to the right-about, charged the enemy, and brought\noff the cannon, which was ever after attached to the Regiment.\" Colonel Shaw late of\nthe 10th Royals, and Mr. S. M. Jarvis are our authorities in this-sketch of the Shaws.\n\u00a7 It may be interesting to note how the military spirit has run in the veins of the Shaws.\nThe Major-General's eldest son, Alexander, was Captain in the 35th and 69th Foot, and\nfought in seven general engagements. His son, Captain Alexander Shaw, was an officer ia TEE SCOT IN BRITISE NORTE AMERICA 333\nBrock was at Fort George, when the first attaek was\nmade by the enemy. General A. P. Hull crossed the Detroit\nriver, with 2,500 men, landed at Sandwich, and issued\na grandiloquent proclamation. It may be remarked here,,\nthat no belligerent nation ever indulged so much in brag and\nbathos, followed by so slender performance, as the Americans during this war. Hull's next move was a march upon\nAmherstburg, where a very small force of a few hundreds\nwas posted. The first blood was drawn on the River Canard \u2022_\nand the earliest names of wounded officers are those of Scots-\n\u2014Captain Muir and Lieut. Sutherland.* They had been\nordered to attack a village on the American side, and both\nwere severely wounded,\u2014Sutherland was borne off the\nfield, having received a ball in the neck, which passed\ncompletely through it. Muir, although twice wounded,\ninsisted on keeping his place in the field.*f* At about the\nsame time, the important post of Mackinac capitulatedT\nthe small British force owing its success largely to the valuable assistance of Scots belonging to the North-West Com-\npany. Hull, having found that his supplies and communi-\neations were in danger, re-crossed the river, renounced his\nschemes of Canadian conquest, and entrenched himself at\nDetroit. The indefatigable Brock had no sooner arrived at\nSandwich than he summoned Hull to surrender. The demand was refused, though in a rather tame and unspirited\nthe Incorporated Militia and Queen's Rangers, in 1837-8. Alexander's son, Geo. A. Shaw,\nwas, until lately, Colonel of the 10th Royals.\n* These gallant officers belonged to the 41st Regiment.\nt McMullen p. 260; Christie, ii.27; Coffin, p. 42; Auchinleck, p. 57; Thompson (Scots\nGreys), p. 108; Major Richardson: Operations of the Right Division, &c.; Toronto, 1842,\np. 19; Tupper; Life of Brock, p. 249. 334 TEE SCOT IN BRITISE NORTE AMERICA.\nway. The British commander's demand was certainly a\nbold one, seeing that, whilst the enemy had nearly 3,000\nmen, fighting under shelter, Brock's force did not exceed\nseven hundred. However, he probably had some idea of\nthe man he had to deal with, and the event proved that his\njudgment was correct. With characteristic promptitude, our\ngallant general at once crossed the river, and Hull lost heart\nand head at once. Detroit, and the whole of Michigan\nterritory, was surrendered, along with 2,500 men, 33 pieces of\n\u2022cannon, and colours, besides an immense quantity of stores.*\nMeanwhile danger threatened Canada on the lower Niagara, where Major-General Yan Rensselaer had concentrated\n\u25a05,200 men, besides 300 field and light artillery, with 800 more\nat Fort Niagara. Matters having been adjusted in the west,\nBrock hurried to the scene. The forces at his disposal consisted\n\u25a0of detachments from the 41st and 49th regiments, a few\n\u25a0companies, of militia, and between 200 and 300 Indians. Nothing strikes one more than the great disparity between the\nAmerican and British forces, whether on sea or land, throughout the war. It seems almost inexplicable, looking at the true\nrecord, instead of the false statistics of American historians, how those little bands of loyal and patriotic men could\nhave stood their ground and repelled for three years a succession of attacks from superior Dumbers. The American\ngeneral was not bombastic, in the way of proclamation, like\nHull, at the outset, and Smyth, still more ridiculously, at a\nsubsequent stage of the war. Still, Van Rensselaer fancied\n* 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.\n335\nthat the task before him was an easy one. \"At all events,\"\nsaid 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\n-appeared some reason for anticipating such an event. From\nBlack Rock to Fort Niagara the General in command could\n\u2022count upon no fewer than five thousand two hundred men,\nexclusive of three hundred artillery and the eight hundred\nof the 6th, 13th and 23rd regiments actually garrisoning\nFort Niagara. On the other hand, the British force of only\n1,500 men against over 6,000 was dispersed along the frontier from Fort Erie to Fort George, a distance of thirty-six\nmiles.*f*\nOn the morning of the 13th of October, in the gray dawn\nof a bleak and stormy day, the American troops began to\nembark for the Canadian shore. The dun and lowering sky\nwas not as yet pierced by the beams of a rising sun when the\nAlarm was sounded. A spy had mistakenly informed Yan\nRensselaer that Brock had departed hurriedly for Detroit,\n^nd the Americans deemed it advisable to attack the enemy\nin his absence. A small band of British soldiers were at the\nlanding-place ready for the invaders, who rowed across the\ndeep blue waters flecked with whitish foam\u2014the relic of a\nfiercer struggle up the river. The Canadian ordnance consisted of but one gun on the shore and one on the heights.\nAnd yet the gallant defenders of the British soil would\nhave beaten back the enemy, had not some of them discov-\n* Wilkinson's Memoirs, quoted in Auchinleck, p. 101.\nt These figures are taken from the General Order Book in MS. The headquarters of the\nfour divisions were at Fort Erie, Chippawa, Queenston and Fort George. Auchinleck\n(p. 101) states the force at 1,200. 336\nTEE SCOT IN BR1TISE NORTE AMERICA.\nered a path up the rocks, down which not a few were fated to\ndescend with greater rapidity than they had clambered up.\nThe heights were gained and the single gun captured. At that\nmoment Brock and his aides appeared uponv the scene, and\nhis cheery cry, I Follow me, boys,\" nerved the hearts of his-\nslender command. The odds were apparently against him,\nbut the stout hearts of the General and his gallant following\nknew no fear. Their watchword was duty, and they were\ncontent to leave the rest to God. Brock fell too early in the\nstruggle, where he was always ready to die\u2014at his post. Like\nthe conqueror of Quebec, the hero of Queenston was taken\naway in the prime of life. Wolfe was only in his thirty-\nfourth year when he expired on the plains of Abraham;\nBrock, exactly a week before his death, had but completed\nhis forty-third year. The memories of both are enshrined\nin the hearts of all true Canadians\u2014green and precious\nnow as when they perished by an untimely death. In both\ninstances victory crowned the Hying heroes, but Wolfe's task\nhad been virtually accomplished ; the brave and chivalrous-\nBrock's had only begun.*\nThe odds in this heroic struggle were heavily on the side\nof the invader. Thirteen hundred Americans were on the\nheights, and opposed to them were only two companies of\nthe 49th and about two hundred York militia. To add to\nthe difficulties of defence, Captain Wool with an American\ndetachment, having mounted by the fisherman's path, poured\ndown fresh volleys of musketry upon the devoted band of\nloyalists. It was in charging up the hill, with the cry of,\n'* For an admirable account of the General's life, the reader is referred to the biograph;\nby his nephew, F. Brock Tupper. London ; 1845. TEE SCOT IN BRITISE NORTE AMERICA.\n** Push on, brave York volunteers,\" that the gallant Brock\nmet a soldier's death. Not long after, another brave officer,\nof whom it is proper to speak at length, fell\u2014a companion\nof his General in the tomb until this day. Lieut.-Col. Macdonell, the faithful and trusted aide-de-camp of Brock, had\nalready seen service with his chief up the Detroit river, and\nhe, with Captain Glegg, negotiated and signed the treaty of\nsurrender by Hull.* As the foremost Scot at Queenston, he\ndeserves a somewhat extended notice. John Macdonell was\nborn at Greenfield, Inverness, Scotland, in 1787, so that he\nwas only twenty-five years of age when he met his. death.\nHis father, Alexander, emigrated to Glengarry, in Upper\nCanada, in 1790; and his mother, Janet, was the daughter\nof an aide-de-camp of Charles Stuarfc, and brother of Lieut.-\nCol. John Macdonell, of the Royal Canadian Volunteers, and\nSpeaker of the Upper Canada Assembly in I792.f The\nfamily was a large one. The Colonel's brother, Hugh, died\nat the Scotch College of Valladolid in Spain. Duncan commanded a company at the taking of Ogdensburgh, and at\nFort Carrington in 1813, and lived until 1865, having been\nRegistrar for many years. Angus was a partner in the\nNorth-West Company and was murdered at Red River during the Selkirk troubles. Alexander was successively M.P.P.\n* In a letter to Sir George Prevost, published in the Gazette in London, Brock says\nspeaking of\" Hull's surrender, \" In the attainment of this important point, gentlemen of\nthe first character and influence showed an example exceedingly creditable to them and I\n\u2022cannot 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\nhonoured me with his services as my Provincial aide-decamp.\"\nt The Macdonells were essentially a fighting clan. The grandfather of this John fought\nsX Culloden, escaped to France, and became a colonel in the French service, being on tha\naccount excepted from the Indemnity Act of 1747. His son was made colonel of the 76th\nMacdonell Highlanders in 1777, having previously been a major in the Fraser Regiment.\nHe died, after taking part in the American war, a colonel in the army and a brigadier-\ngeneral in the Portuguese service. 338 TEE SCOT IN BRITISE NORTE AMERICA.\nand Sheriff of the Ottawa District. Donald was also an M\u201e\nP.P., Sheriff of the Eastern District, Colonel, and, in 1813-14,\nAssistant Quarter-Master General. The hero of Queenston\nwas called to the bar in 1808, became Attorney-General in\n1811, and, at the breaking out of the war, was appointed.\nA.D.C. to General Brock. At Detroit, he received General\nHull's sword, and the gold medal commemorative of the surrender was transmitted to the family after his untimely\ndeath. Col. Macdonell, who had been stationed some few miles\nfrom Queenston, hastened to the scene. He had only two companies with him, but these men, exasperated at the death of\ntheir beloved General, rushed valiantly up the steep, bent on\nvengeance. In the course of the charge, the gallant Macdonell fell, having been wounded in four places. He lived\nfor twenty hours, continually lamenting the death of his\nillustrious chief.* It was fitting that this brave young Highlander should repose in death by the side of the hero he\nloved so'well. Gallant and chivalrous in their lives, in death\nthey were not divided. But for the loss of the Colonel*f* there\n| \"His Provincial aide-de-camp,Lieut.-Macdonell, the Attorney-General of Upper Canada\n\u2014a fine, promising young man\u2014was mortally wounded soon after his chief, and died the\nnfext day at the early age of twenty-five years. Although one bullet passed through his-\nbody, and he was wounded in four places, yet he survived twenty hours, and during a period\nof excruciating agon3', his thoughts and words were constantly occupied with lamentations\nfor his deceased commander and friend. He died while gallantly charging up the hill with\n190 men, chiefly of the York volunteers, by which assault the enemy was compelled to spike\nthe eighteen-pounder in the battery there.\"\u2014Tupper's Brock, p. 322. See also, James'\"\nMilitary Occurrences, i. 90, and the other histories in loco, previously cited.\n+ Earl Bathurst, writing to'Sir^Geo. Prevost, iu December, 1812, speaking for the Prince\nRegent, observes: \" His Royal Highness has been also pleased to express his regret at the\nloss 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\nmemory.\" 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\nmedal 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,,\nat Queenston, the Administrator of the Go\\ ernment nominated Colonel Donald Macdonell TEE SCOT IN BRITISE NORTE AMERICA.\n339*\ncan be no question that the invaders would at once have\nbeen driven over the rocks, although they numbered at least\nfour to one. As it was, help, unfortunately tardy, was at\nhand. The reinforcements came from Fort George and although they amounted to three hundred and eighty, were\nbut a handful as compared with the enemy; still they were\nstrong and valiant enough to drive the enemy across the\nriver. Of these fresh troops the names of Scottish origin\noccupy a prominent place. Lieut. Mclntyre led the advance\nwith the light company of the 41st Foot; then follow, of\nthe militia, Capt. James Crooks, Capt. McEwan (1st Lincoln), with Cameron and Chisholm, of the little Yorkers.\nGeneral Sheaffe assumed the command, and after one volley\nthe British bayonet was brought into requisition, and the\nAmerican's fled towards the Falls. Finding no succour at\nhand, many of them flung themselves over the rocks, others\nwere observed attempting to swim across the river; but the\nrest, 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\ntheir enemy's army by five and divide their own by three.\nIt may suffice to note that two of them introduce, as pre-\nto represent him at the re-interment. In the Militia General Order, \" His Excellency has\nmuch pleasure in nominating for this duty the brother of the gallant offictr who fell nobly\nby 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\nToronto, for the information contained above.\n* 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.\nPersonally, he was, unquestionably, a brave man, but he had no strategic ability. With at\nleast 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\nWar, tried to depreciate Van Rensselaer's personal bravery; but at Queenston he was\nwounded 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 ;\n1836. There is a great deal of curious information in this book. 340 TEE SCOT IN BRITISE NORTE AMERICA.\nsent, the entire 49 th Regiment, whereas there were only two\n\u2022companies there.\nIt is now time to look at the part taken by some other\nScots or Scotsmen's sons in the war. No less than three\n\u2022o-entlemen destined to be Chief Justices took up arms in defence of their country in the conflict of 1812-15, and of\nthese, two were of Scottish blood.* Sir James Buchanan\nMacaulay, C.B., was the son of James Macaulay, M.D., formerly of the 33rd Foot, and grandson of the Rev. Mr. Mac-\n-aulay, of Glasgow, Scotland. He thus closely resembled in\nhis pedigree the great English historian. His father emigrated to Canada, and was quartered with his regiment at\n\u25a0 Niagara, in 1792. There, in December of the following\nyear, the future Chief Justice was born. Educated at Cornwall under another Scot, Dr. (afterwards Bishop) Strachan,\nhe entered the 98th Regiment as ensign. When the war\nbroke out, Macaulay longed to assist in the defence of his\n\u25a0country, and joined, with that object, the redoubtable Glengarry Fencibles. He served at Ogdensburg, Oswego, Lundy's\nLane, and Fort Erie, always in the thick of the conflict. He\nwas,nevertheless,fortunate in never having received a wound.\nAfter the war, Macaulay entered upon the profession of the\nlaw, and was called to the Bar in 1822. In 1829 he became\na puisne Judge of the Queen's Bench; in 1849 the first\nChief Justice of the Court of Common Pleas; and in 1856\nhe was chosen as a Judge of the Court of Error and Appeal.\nA man of singular ability and of a most amiable disposition,\nhe was a sincere friend to the student as well as to the bar-\nI The third, Sir John Beverley Robinson, was the son of a U. E. Loyalist, and of English\n\u2022extraction. THE SCOT IN BRITISH NORTH AMERICA.\n341\nrister. The crowning work of his life was perfected when\nthe statutes of the Province were satisfactorily consolidated;\nand he died in 1859, highly esteemed and deeply regretted*\nA rare old fighting-stock\u2014the McLean family\u2014must now\nclaim our attention, and here there is almost an embarras\nde richesses.-f The clan McLean, or Gillean, seems to have\nturned out as many sturdy fighters as any of the Highland\nsepts, if not more.J So far back as the grey dawn which\nintervened between legend and history, partaking largely of\nboth\u00a7, there was a Gillean to the fore, fighting in the reign\nof Alexander III. against the Norsemen at the battle of\nLargs. A Lachlan M6r McLean was bent upon exterminating the Macdonalds, and got the worst of it; his son, Hector,\nhowever, redressed the balance and expelled the other Macs,\ninvading Isla, and ravaging it in primitive fashion. A\n3~ounger brother was one of the Nova Scotia baronets\u2014Sir\nLachlan Maclean by name. The clan was devotedly loyal\nto the Stuarts throughout; they belonged to Mull, and\nwere not likely to be infected with the constitutional theories\nof the far-away Southron. At Inverlochy and Inverkeithing\nthey fought desperately on the side of Montrose and the\nStuarts. At the battle of Killiecrankie, Sir John Maclean\nwas on Dundee's right; in 1715, the clan was again to\nHill\n* He left three daughters, of whom one became the wife of B. Homer Dixon, Esq., K.\nN. L., of Homewood, Consul of the Netherlands. The above account is mainly taken from\nMorgan's Celebrated Canadians, p. 468.\nt The information contained herein is entirely derived from manuscript notes kindly\nfurnished 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.\nBarclay, published at Toronto, 1865.\nt See Eeltie ; Scottish Highlanders, ii. 223.\n\u00a7 Before us lies a genealogical table of the Clan Maclean, beginning with the founder of\nthe race Gillean (A.D. 1174), and reaching down to the close of last century.\nB 342\n\u25a0 THE SCOT IN BR1TISE NORTE AMERICA.\nthe fore under Mar, and busy at Sheriffmuir. At Cullo-\nden, where the sun set upon the Stuart fortunes, five\nhundred of the clan fought for Charlie. It would lead us too\nfar-afield to trace the various branches of the clan; and it\nis not necessary for the present purpose to distinguish them.\nBefore referring, however, to the McLean who is of special\ninterest in this immediate connection, it seems proper to refer to others who distinguished themselves on the field.\nArchibald McLean was descended from Hector Mhor McLean,\nLord of Duart, and son of Hector of Mull. He was\ncaptain of a Loyalist corps, a troop of horse in the New\nYork volunteers, and served under Lord Rawdon in the\nAmerican Revolution. He especially distinguished himself\nat the battle of Eutaw Springs, in South Carolina, where he\nwas severely wounded. Removing to New Brunswick\nafter the war, he was for twenty-two years a member of the\nLegislature. In 1812 he was staff-adjutant of Militia in New\nBrunswick, and died in 1830. His son, Allan McLean, volunteered with his regiment to go to Canada during the troubles\nof 1837* Major (now Colonel) McLean served with distinction dming the Crimean War, and was in Canada with\nhis regiment, the 13th Hussars. He will succeed to the\nBaronetcy as well as chieftainship of clan on the death\nof his father, Sir Fitzroy Grafton McLean. General\nAllan McLean, who defended Quebec, belongs to a branch\neminently distinguished for its bravery, j It may be said\nof them,\" says our informant, \"that they lived by the sword\n*He was a cousin of the Gen. Allan McLean to be mentioned immediately, and uncle\nof General Thomas Allan McLean, well known as colonel of the 13th Hussars, also of Rev.\nJohn McLean Ballard. Allan McLean Howard, of Toronto, another nephew, is in possession\nof his sword, pistolfwlsters and military accoutrements.\n\u25a0wwipk! THE SCOT IN BRITISH NORTH AMERICA.\nand died by the sword, for they all fell in battle, and there is\nnot an individual remaining in the whole line, so far as I am\naware of.\" Allan's grand-daughter had, in addition, a cousin\nwho was a General, and her husband was also a General.\nAnother McLean (John) was in the Hudson Bay Company's\nservice, and published a work on the North-West. General\nLachlan McLean owed his promotion to his good looks. Unlike most of his clan, he did little or no fighting. The Duke of\nYork, 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,\nhe secured the post of commandant of the garrison with its\nemoluments. The Hon. Neil McLean also hailed from Mull.\nBorn in 1759, he entered the Royal Highland Emigrants as\nEnsign, and was subsequently gazetted a Lieutenant of the\n84th. When that regiment was disbanded he remained on\nhalf-pay until 1796, when he was made Captain of the Royal\nCanadian Volunteers, serving at Montreal, Quebec, and York,\ntaking part in the battle of Chrysler's farm. He finally settled at St. Andrews, Stormont, marrying a Miss Macdonald\n(of the brave Glengarry stock\"), by whom he had three sons,\nJohn, Archibald and Alexander. The eldest was for years\nSheriff of Kingston; Alexander entered the Royal Newfoundland Regiment, and saw considerable service in the war\nof 1812 ; and he subsequently enlisted in the Stormont Militia,\nbeing wounded at the capture of Ogdensburg. He was subsequently M.P.P, and Treasurer of Stormont and Glengarry.\nThe second son is more widely known to the present generation. Archibald McLean (afterwards Chief-Justice of On- 344\nTHE SCOT IN BRITISH NORTH AMERICA.\ntario and President of the Court of Error and Appeal) was\nborn at St. Andrews, near Cornwall, in 1791. At the breaking out of the war of 1812, McLean was Second Lieutenant\nin the 1st or flank company of the York Volunteers,* commanded by a Scot, Capt. Cameron. When Brock inspected\nthe companies he asked for volunteers to accompany him to\nAmherstburg, and, to his surprise, all offered to go. It was\nimpossible, however, to accept them all, and finally Heward,\nJarvis, and Robinson (Sir John) were selected to command\na portion of the force. Although it does not bear upon the immediate subject of this work, it may not be amiss to note an\nincident which shows the patriotic conduct of the \" brave\nYork Volunteers.\" Mr. Jarvis, of the Light Company, had\nbeen despatched after Gen. Brock in charge of a few Indians,\nwith instructions to return, after accomplishing his mission.\nJarvis had no notion of returning, however, and was temporarily attached to one of the companies. Lieut. McLean\nwas stationed at Brown's or Field's Point, about midway\nbetween Queenston and Niagara. When the noise of artillery and the rattle of musketry was heard, McLean at once\nrushed to the scene of action. He was in charge of the solitary 18-pounder which was placed on the brink of the river.\nWhen the early dawn of morning disclosed the enemy, the\ngallant Lieutenant was anxious to get into the midst of the\nfray; and when the Americans had gained the heights by\nthe \"fisherman's path,\" he could be restrained no longer.\nFlinging aside his heavy overcoat, McLean and his little fol-\n* The Volunteers were attached to the 3rd York Militia,'* and their officers were : 1st,\nCaptain Duncan Cameron, Senior Lieut. 'William Jarvis, Junior, Archibald McLean, 3rd\nLieut. George Ridout. This being the right flank, now called the Grenadier Company, the\nLight Company was officered by Captain Stephen Heward, with three Lieutenants\u2014John\nBeverley Robinson, S. P. Jarvis, and Robert Stanton. THE SCOT IN BRITISH N0R1E AMERICA.\n345\nlowing joined the York Volunteers. His captain (Duncan\nOameron) was wounded by a spent ball in the elbow, and\nthus rendered helpless ; McLean himself was severely wounded in the thigh. Then followed Macdonell's gallant charge\nup the steep, and the surrender of the American forces.\nMacdonell fell close to McLean, and his first cry was to him,\n\" Archie, help me.\" The reinforcements from Fort George\nhad finished the business ; but the victory was dearly purchased by the deaths of Brock and Macdonell. The ill-\nadvised armistice concluded by Gen Sheaffe terminated the\ncampaign, and McLean returned to York, with a view of\nprosecuting his studies and the legal profession. Visiting his\nfriends in eastern Ontario, he was commissioned to recruit\na company in the battalion which his father, Neil McLean, was\nabout to raise. So conspicuous was the Lieutenant's gallantry, that Sir George Prevost offered him a commission in\nthe line\u2014a tempting offer in those days\u2014but declined by\nMcLean, who fought only for his native land. During his\nvisit, Lieut. McLean came in contact with the good Bishop\nMacdonell; and the failure of means of transport and the\ndeep snow accidentally brought him once more into the middle of the fray at Prescott and Ogdensburgh. The Bishop\nwas on the ice in a great state of agitation, as the troops had\nbeen repulsed, and the whole north shore was exposed to the\nmercy of the American marauders. There were in the western division only a company of the Glengarry Fencibles and\na remnant of the Glengarry Militia. McLean and his brother obtained arms from wounded men, and hurried in haste\nover the ice-clad river. They, however, arrived too late.\nThe eastern division consisted of a company of the 8th or 346\nTEE SCOT IN BRITISE NORTE AMERICA.\nKing's Regiment, a detachment of the Royal Newfoundland\nFencibles, and a number of the Glengarry, Stormont and\nDundas Militia. These were almost\u00abwholly Scots, or of Scottish extraction. They made a gallant assault upon the works,,\nwhich were defended by an American force under Captain\nForsyth (presumably of Scottish descent). The works were\ncarried; but Lieut. McLean only reached the scene to find\nhis younger brother, Alexander, severely wounded by a round-\nshot in the thigh. The stores, &c, were carried over on the\nice to Prescott. In March, Lieut. McLean returned to York,\nwith the intention of applying for call to the bar. At an\ninterview with General Sheaffe he announced his intention of raising a company of incorporated Militia, as Captain\nJarvis had done, but was induced to accept the Assistant-\nQuartermaster-Generalship of Militia, and consequently was\nplaced on the Staff. He continued in active service until\nthe battle of Lundy's Lane, where he had the misfortune to\nbe taken prisoner, with a reconnoitring party, and, after suffering some hardships, was detained, on parole, until the close\nof the war. He was at York when it was captured by the\nAmericans, and bore away the York Volunteers' colours during the retreat. His after career is well known. Pursuing\nhis legal course, he eventually became Chief-Justice of Ontario, and died President of the Court of Error and Appeal in\n1865.\nHis wife came also of a distinguished Highland line. Her\nfather, a Macpherson, and her grandfather a Cameron, were\namongst the defenders of the Sault au Matelot, when Montgomery assaulted Quebec in 1775. Cameron had followed\nPrince Charlie under Lochiel in the '45, but escaped to TEE SCOT IN BRITISH NORTH AMERICA.\nFrance. On his return to Scotland with a brother of Loehiel,\nboth were taken prisoners. The latter was executed\u2014the\nlast of the hangman's victims. Cameron was offered a commission in the army, but preferred emigrating: to Canada.\nAfter fighting bravely at Quebec, he refused any pay for his\nservices, with the characteristic pride of a Highland man.\n\" I will help,\" he said, \" to defend the country from our\ninvader, but I will not take service under the House of\nHanover.\"*\nAllan McNab was the father of Sir Allan, of Dundurn\nCastle, Hamilton. His family, like the Shaws and McLeans'\nwere soldiers by hereditary descent. Old Allan's father.\nbelonged to the 42 nd or Black Watch, was Royal Forester of\nScotland, and owned a small property called Dundurn at the\nhead of Loch Earn. The son was originally an officer in the\n71st, but during the Revolutionary war, he served as a\nLieutenant of cavalry in the Queen's Rangers under General\nSimcoe. While thus employed he received no less than\nthirteen wounds. Following the fortunes of his General he\nrepaired to Upper Canada, and subsequently with his son\n(afterwards Sir Allan, then so young as hardly to be able to\ncarry a musket) took part in the war of 1812. Sir Allan\nNapier McNab was born at Niagara in 1798, and received\nhis second name from the mother's side, Captain Napier, his\ngrandfather having been Commissioner of the port of Quebec. He was at York when the enemy captured the town,\n* Before leaving the McLeans, an incident connecting past with present\u2014the old generation with the new\u2014seems deserving of mention. On the 24th of May, 1855, Chief Justice\nMcLean laid the corner-stone of the Sandwich Court-house, and was presented with a silver\ntrowel by \" a brither Scot,\" the contractor, Mr. Alexander Mackenzie, since Premier of the\nDominion. 348\nTEE SCOT IN BRITISE NORTE AMERICA.\nand followed General Sheaffe in the retreat to Kingston.\nHere he became a \" middy\" in Sir James Yeo's squadron,\nand went to Sackett's Harbour whese Prevost made so notorious a failure. We next find him in the 100th Regiment\nunder Colonel Murray on the Niagara frontier, with the\nadvanced cmard; he was foremost at the taking of Fort\nNiagara, and received an ensigncy in the 49th as a reward\nfor his valour. At the*burning of Black Rock and Buffalo,\nin retaliation for the wanton destruction of Niagara, he was\npresent with General Riall's command. When this campaign ended he joined his regiment at Montreal, and was\nagain so unfortunate as to be a participant in that other\nfiasco of Sir George Prevost at Plattsburg. There again Sir\nAllan was of the advanced guard. Placed on half-pay some\nyears after the war, he devoted himself to the study of the\nlaw and rose to the dignity of a silk-gown. His parliamentary career began in 1829, when he was returned for Went-\nworth,\u2014a seat he occupied during three Parliaments. From\nthat time until his retirement from the House in 1857, Sir\nAllan represented the City of Hamilton, and he was subsequently (in 1860) a member, and Speaker, of the Legislative\nCouncil. The political portion of his career will demand\nattention in a subsequent chapter, as also his connection\nwith the burning of the Caroline in ] 837. As leader of \" the\nmen of Gore \" he always appeared ready to take up arms in\nthe service of his country. A bluff, frank, honest old man,\nalbeit gouty, he was, in spite of the irascibility produced by\nphysical suffering, much beloved by the people of his district,\nand although, by heredity and education, a strong Tory,\nnever lost the respect of his Reform friends and neighbours. TEE SCOT IN BRITISE NORTH AMERICA. 349\nIn 1859, during a brief residence in England, he failed to\n-secure a seat for Brighton.*\nThe Hon. James Crooks (father of the Ontario Minister of\nEducation) was one of the earliest settlers in Upper Canada.\nBorn at Kilmarnock in 1778, he established himself at Niagara in l794.-f* As- a merchant he sent the first load of wheat\n.and flour from Upper Canada to Montreal,! and established\nthe first paper mill. Unlike Jack Cade's victim, Lord Say,\nMr. Crooks did not lose his head on account of the latter\nenterprise.\u00a7 During the war Mr. Crooks, and at least one\nof his brothers, distinguished themselves in the field at\n\u25a0Queenston and elsewhere on the Niagara frontier. He was\nsoon after elected to the Assembly,|| and subsequently became\na member of the Legislative Council. Throughout his public life he was regarded as a singularly upright man, and\nthoroughly independent. He died so late as 1860, in the\n\u25a082nd year of his age, on the same property in West Flam-\nboro' where his son, the Minister of Education, first saw the\nlight in 1827. In politics the Hon. James Crooks was a\n* Morgan ; Celebrated Canadians, p. 473. Dr. Byersou; The Loyalists of America, ii.\n\u2022202; and Simcoe ; Military Journal, pastim.\nt Three of the name are mentioned in Toronto of Old, all residents of Niagara\u2014William,\nJames and Matthew. The two first-named were in partnership as merchants. In the 6a-\n.zette and Oracle of October 11th, 1797, appeared the following advertisement, which did not\nlook strange at the time ; \" Wanted to purchase a negro girl, from seven to twelve years\nof age, of good disposition. For further particulars apply to the subscribers, W. and J,\nCrooks, West Niagara. Scadding p. 2s)5.\nX Celebrated Canadians, p. 315.\n\u00a7 That portion of the rebel's indictment against His Lordship must be familiar to the\nShakspearian reader; \" And whereas before, our fathers had uo other books but the score\nand tally, thou hast caused printing to be used; and contrary to the king, his crown and\ndignity, thou hast built a paper-mill.\" 2 Henry VI. Act iv. Sc. vii.\n|| In a debate on a measure to legalize marriages solemnized by Methodist clergymen, he\nas 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\nGod it would take place.\" In the York Ahnanac and Royal Calendar for 1823, he appears\nas member for Halton, residing at Dundas. 350\nTHE SCOT IN BRITISH NORTH AMERICA.\nConservative, and therefore came under the notice of Robert\nGourlay, of whom hereafter.\nThe Hon. George Crookshankj in his later years, \"the\noldest resident of Toronto,\" was born in the City of New\nYork, in 1773. His father, a native of the island of Hoy,.\nOrkney, had emigrated to Shrewsbury, New Jersey, upon\nthe breaking out of the Revolutionary war. He was a devoted loyalist, and emigrated, early in the troubled time, to\nNew Brunswick. There his sister Catherine married the\nHon. John McGill. Mr. Crookshank's brother-in-law had\nalready preceded him to Canada, and in 1796, he was induced to follow, by the offer of an important post in the\nCommissariat Department. The immediate cause of the\nmigration of the Crookshanks and McGills, was the earnest\ndesire of General Simcoe, when appointed to the Lieutenant-\nGovernorship of Upper Canada, to have some of the old\nloyalists about him. Mr. Crookshank's chief work was the\nbuilding 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-\ncame the head-quarters of the American General. He retired on half-pay, in 1820, when he also received a grant of\nthree hundred acres of land, known afterwards as the Crook-\nshank estate. The hon. gentleman died a member of the\nLegislative Council, of many years' standing, on the 21st of\nJuly, 1859. He was a warm-hearted and energetic man, a\nworthy exemplar of the sterling loyalist virtues, and ended\n| The well-known homestead on the east side of the intersection of Peter and Front streets.\n\" Passing westward,\" says Dr. Scadding, \"we had on the right the spacious home of Mr.\nCroekshank, a benevolent and excellent man, sometime Receiver-General of the Province.\"\u2014Toronto of Old ; p. 62, THE SCOT IN BRITISH NORTH AMERICA.\n351\na long and eventful life, leaving no blot upon his escutcheon.\nIn those early days when systematized charity was unknown, Mr. Crookshank was eminently charitable upon a\nrational and well-designed basis. As a churchman, his name\nis linked with the fortunes of St. James' Cathedral, to the\nerection of which he largely contributed. After the Union\nof 1841, he does not appear to have taken any part in political life. The Province he had so earnestly laboured to\nbuild up had passed into a new phase of existence, and he\ncould well afford to leave the work of progress to his juniors.\nMr. Crookshank was pre-eminently a pioneer, and as the\npioneer's work was done, the evening of his days was-\npassed in quiet retirement. His only son had gone before\nhim, and his property fell to his only surviving child, a\ndaughter,* when he died on the 21st of July, 1859.\nOn the last day of the year 1834, as we learn from the\nPatriot, of January 20th, 1835, the Hon. John McGill died\nin Toronto, as little York was by that time called. Mr.\nMackenzie's paper, the Advocate, announced his decease, in\nthese characteristic words : \" Died\u2014yesterday, the Hon.\nJohn McGill, an old Pensioner in His Majesty's Government.\" A correspondent of the Patriot, after rebuking the\nRadical editor, for his want of feeling, proceeds to give an\naccount of the departed official. He was born in Auchland\nin Wigtonshire, Scotland, at the beginning of March, 1752.\nThanks to the admirable parochial system of his native\nland, he was well educated, and piously brought up. His\nfather apprenticed him to a merchant at Ayr, where he may\n* His daughter married Mr. Stephen Heward, and to her kind ness the writer is indebted\nfor most of the information given above. 352 TEE SCOT IN BRITISE NORTE AMERICA.\nhave come in contact with Robert Burns. In 1773, his enterprising spirit led him to emigrate to the colonies, and he\nlanded in Virginia, in October.\/ When the storm of revolution broke over the land, Mr. McGill, firm in loyalty to\nking and country, sacrificed his mercantile prospects, and cast\nin his lot with what proved to be the losing cause. The rebels, although they loved liberty for themselves, were not over\ntolerant 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\nhis 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,\nthe Colonel and others of the corps fell into an ambuscade,\n.and into the hands of the rebels, by whom they were\nharshly treated. Mr. McGill offered to aid his superior\nofficer's escape, by taking his place in bed and remaining\nbehind. But the plan failed owing to \"the breaking of a\nfalse key in the door-lock. In 1783, Mr. McGill, with other\nloyalists, made his way to St. John, New Brunswick, where\nhe 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\n(Rachel) was the second wife of Dr. Macaulay, whose death\n* 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\nYork with a memoir, in 1814.\nt Mrs. McGill died on the 21st of September, 1819. An obituary notice of her, warmly\neulogistic in tone, appeared in the Upper Canada Gazette of the 25th, a copy of which lies\nbefore us. THE SCOT IN BRITISH NORTH AMERICA.\n353\nis recorded in the York Observer of January 7th, 1822. By\nhis first wife the doctor left a number of descendants well\nknown in Toronto.*\nIn the winter of 1792, Mr. McGill, at the invitation of\nGeneral Simcoe, removed to Upper Canada. The founder\nof Toronto was, throughout, a fast friend to him, and, at\nthe peace of 1783, with other reduced officers, he repaired\nin company with his chief to New Brunswick. When Simcoe was appointed Lieutenant-Governor of Upper Canada,\nhe, at once, wrote for Crookshank and McGill, in 1791. The\nlatter received the post of Commissary of Stores, &c,\u2014an\noffice to which, as already noted, his brother-in-law succeeded\non his arrival in 1796. The records show that General Simcoe\nreposed the utmost confidence in Colonel McGill. On the arrival of General Hunter\u2014a brother of the celebrated physician, John, and a Scot,\u2014there appeared to be a pressing necessity for a general supervisor of the Provincial finances. Mr.\nMcGill,therefore, was named as Inspector-General of Accounts,\nwith the munificent salary of .\u00a3164 5s. currency ; he did not\naccept the appointment, however, until 1801 .*f* His labours in\nthe audit department appear to have been thorough and effective. For forty years, Mr. McGill appears to have laboured\nwith 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\n* Dr. Macaulay was the father of Sir J. B. Macaulay. Mrs. Macaulay survived her husband\nfor eighteen years, dying in 5840. The residence called Teraulay was on Yonge Street,\nabout where the Church of the Holy Trinity now stands.\nt He was certainly no gainer, seeing that he was compelled, out of this paltry pittance, to\npay a clerk \u00a3126, and furnish office, fire and candles, out of the balance. 354\nTEE SCOT IN BRITISH NORTH AMERICA.\nwas called to the Legislative Council, at the time of his\ndeath, being by far, the oldest member of that body.*\nIn 1813, Sir Roger Sheaffe nominated him to the Receiver\nGeneralship of the Province. When at the age of seventy,\nworn out by active service, with impaired sight, and partial\nparalysis of the right arm and hand, caused by unremitting\nlabours at the desk, he asked leave to retire, and received\nfrom the Lords of the Treasury a pension of \u00a3450 sterling\nper annum.*f* That he fully deserved this mark of appreciation, is evident from the highly eulogistic terms in which\ncontemporaries spoke of his career. On his retirement,\nLieutenant-Governor Gore wrote to him from London, thus:\n*' Your long, honourable, and meritorious services, had I the\npower, should be better rewarded.\" As an instance of Mc-\nGill's probity, it may be mentioned that he over-credited\nthe Government with \u00a31,700, from a sensitive delicacy as to\nwhat he was legally entitled to as Receiver-General. It\nwas decided in England, at the instance of the Chief Justice,\nthat he ought to be re-imbursed; yet, strange to say, only\none-half of it was actually received by him. Mr. McGill\nowned a large park-lot in what is now the heart of Toronto.\nHis residence stood, until about ten years ago, on the plot\nnow occupied by the Metropolitan Church, formerly known\nas McGill Square. His name is still preserved by McGill\nStreet, further to the North. I Mr. McGill died at the close\n* The particulars in the text are taken from a tribute to the memory of Mr. McGill, 1 >j\nthe Hon. Peter McGill, of whom mention will be made hereafter.\nt Scadding, pp. 286-7.\nX Dr. Scadding (p. 260), notes a copy of an advertisement from the Upper Canada\nGazette for 1793, in which is given some idea of the work of Mr. McGill's first department:\nI Ten Guineas Reward is offered for the recovery of a Government grindstone, stolen from\nthe King's Wharf, between the 80th of April and the 6th inst. Signed, John McQllL Com.\nof Stores, &c Queenstown, 16 May, 1793. TEE SCOT IN BRITISH NORTH AMERICA.\nODD\n\u2022of 1834, at the advanced age of eighty-two, leaving his property to his nephew Peter McCutcheon, who, in obedience\nto the testator's injunction, assumed the name of McGill.\nThe Hon. James McGill, founder of McGill University,\nMontreal, was distinguished for his benevolence and public\nspirit. Born at Glasgow, in 1744 (Oct. 6th), he came to Canada at an early age, and became a merchant. Having\n.amassed a large fortune, he thenceforth devoted himself to\nthe advancement of his adopted country. He became a\nmember of the House, and subsequently of the Legislative\nand Executive Councils of Lower Canada. During* the war\nof 1812, so valuable were his services that he rose to the\nposition of Brigadier-general. He was chiefly known, however, for his charity, and the warm interest he took in the\ncause of education. Towards the close of 1813, he died at\nthe age of sixty-seven, leaving a monument behind more\nprecious and enduring than marble.* The Hon. Peter McGill,\nthough properly belonging to a later period, and not connected with the war, but afterwards a Colonel of Militia,\nmay be introduced here, in connection with his namesake.\nHis father, John McCutcheon, belonged to Newton Stewart\nin Galloway, and his mother a McGill. He himself was born\n.at Cree Bridge, Wigtonshire, in August, 1789, emigrated\nto Canada in 1809, and settled in Montreal. His family\nname was McCutcheon, but he afterwards changed it to Mc-\n\u2022Gill, at the request of the Hon. John McGill, of Toronto,\nwhose heir he became. His firm, that of Peter McGill & Co.,\nwas well known throughout the Provinces. From June,\nMorgan, p. 316. 356\nTHE SCOT IN BRITISH NORTH AMERICA.\n1834 until June, 1840, he was President of the Bank of\nMontreal, and in September of the latter year, died in that\ncity. Like James, he wasN famed for his philanthropy,,\nand occupied prominent positions in the commercial metropolis. He was a Governor of the McGill University, Director\nof the Grand Trunk Railway, Governor of the Montreal\nGeneral Hospital, President of the Lay Association of the\nScotch Church, of the Bible Society, and of the School Society,\nas well as Trustee of the Queen's University, of Kingston.\nAfter the union he became a Legislative Councillor (1841),\nExecutive Councillor, and Speaker of the Legislative Council\nin 1847, shortly after the arrival of Lord Elgin, resigning\nthe following year. He appears to have been a man of\nthe Scottish type pre-eminently\u2014a race representative.\nEducated only in the parish school, he had gained a position\nbefore his uncle's will, in 1824, which made him independent. Possessed of a strong physical constitution, upwards\nof six feet high, he still looks, with his benign countenance,\nin photograph, a model of vigour and beaming good nature.\nInstinctively liberal in his views, he nevertheless appears to\nhave had ingrained in his constitution some stubborn old-\nworld principles, both in religion and politics; still he was\nnot bigoted and knew how to adapt his views to the varying\nphases of modern progress. Had he been gifted with the\nsuperficial graces of far inferior men, he might have made a\nconspicuous figure; but he could not have done more essential service in his day and generation. Whether as Mayor\nof Montreal, Master of the Masonic Grand Lodge, President\nof the St. Andrew's Society, or chairman of the first railway\ncompany in Canada (1834)\u2014the St. Lawrence and Champlain\n\\\nL THE SCOT IN BRITISE NORTH AMERICA. 357\n\u2014he was a conscientious worker, a man of whom Scotland\nmay still be proud, though she is affluent in worthy sons,\nand one also whose memory^ will not soon be forgotten in\nthe city of Montreal. He had passed the seventieth year\nwhen he was called to his rest. Mr. McGiU's Reform principles had been tested frequently; differences, to which we\nshall refer elsewhere, arose from time to time in the Council,\nand were not healed until Lord Elgin was firmly seated in\npower. The Hon. Peter McGill was concerned, with more\nor less prominence, in eyents which must be traced in their\nentirety hereafter; meanwhile it is well to draw attention\nto the sterling character of this strong-headed and warmhearted Scot, who laboured to do well, and felt ardently\nthe needs of the young Canadian nationality.\nMajor-General McDouall was another Scottish hero of the\nlast war; but we have failed to get any further particulars\nof him than are to be found in Morgan* It appears that\nhe entered the army in 1796, and, rising through the various\nsteps of promotion, was Colonel during the conflict with\nthe United States. The most notable exploit he performed\nwas the defence of Fort Michilimackinac against a very\nsuperior force. In 1841, McDouall was gazetted as Major-\nOeneral and died at Stranraer in 1848. General Sir Georee\nO\nMurray, was born in Perthshire, and educated at Edinburgh\nUniversity. Entering the army in 1789, at the age of 17,\nhe served in almost all the quarters of the globe. In 1812,\nhe became Brock's successor as Lieut.-Governor, but he had\nno sooner heard of Napoleon's escape from Elba, than he returned home, and joined the English army in France. Sub-\n*P. 216. 358 TEE SCOT IN BRITISE NORTE AMERICA.\nsequently Murray became Governor of Edinburgh Castle,\nGovernor of the Royal Military College at Sandhurst, Lieut.-\nGeneral of Ordnance, and M\\P. for Perthshire. He also\nfilled the subordinate position of Master-General of the\nOrdnance department under Sir Robert Peel in 1834 and\n1841. He had previously been Secretary of State for the\nColonies for a short period in 1828. Captain Martin Mc-\nLeod, who subsequently lived near Bond's Lake on Yonge\nStreet, hailed from the Island of Skye. He \" was a Scot of\nthe Norse Vikinger type,\" writes Dr. Scadding,* \" of robust,\nmanly frame, and tender spirit; an Ossianist also, and in the\nScandinavian direction, a philologist.\" The eldest of eight\nbrothers\u2014all officers in the army, he served from 1808 to\n1832 in the 27th, 29th, and 25th Regiments successively.\nEarly in 1812 he came to Canada with the forces and distinguished himself conspicuously at Plattsburg and at New\nOrleans. In the Peninsular war, he had received four clasps ;\nbut misged Waterloo, having only just completed his American campaign. Three of his uncles were general officers,\nand his son, a Major, was decorated for gallant service in the\nRed River Expedition (1870); Before entering upon the\nnext campaign it may be mentioned that in the action on\nQueenston Heights were engaged the following Scottish\nofficers: Capts. Duncan, Cameron and Chisholm, of the York\nMilitia, Crooks and McEwen of the 1st Lincoln, William\nCrooks of the 4th Lincoln, R. Hamilton of the 4th Lincoln,\nLieutenant Kerr of the Glengarry Fencibles, and Shaw and\nThomson, attached temporally to the 49th Regiment.\n* Toronto of Old, 8 466 TEE SCOT IN BRITISH NORTH AMERICA.\nIt is still a moot point whether General Sheaffe was justified in according, an armistice to the Americans. The weight\nof authority is certainly against him, and it seems quite certain that had Brock survived, he could and would have made\nshort work of it on the Niagara frontier. There was nothing\nto prevent his successor from capturing Fort Niagara, and\nsweeping the whole line from Fort Erie to Fort George. It\nis true as Coffin generously suggests, that the force was\nsmall;* still it must not be forgotten that an effective demonstration here might possibly have saved much trouble in the\nfuture. The fatal results in the following year, in the western\npart of the Province, are directly attributable to the armistice. The American commanders had ample opportunity to\ncollect their forces, and revive the drooping courage of the\ntroops already engaged. It is always a blunder for a small\narmy to give breathing time to a foe it has vanquished. All\ndepends upon prompt and unremitting vigour under such\ncircumstances. It is quite probable that the evil genius of\nSir George Prevost was at work here as elsewhere; and it\nmay be as well not to press too heavily upon General Sheaffe.\nThe troubles, which ensued in future campaigns, however,\nare clearly traceable to the false step into which the General\nwas betrayed, and they culminated in the capture of the seat\nof Government.\nShortly after the battle of Queenston, General Van Rensselaer was superseded. He appears to have been as competent\nas most of the political commanders of the time, and his conduct has been ably defended by his nephew and aide-de-\nP. 65. 360\nTHE SCOT IN BRITISH NORTE AMERICA.\ncamp, against the strictures of General Armstrong, Secretary\nof the War Department. His successor, on the Niagara\nfrontier was General Smyth, who was simply an incompetent\nbraggart, apparently no less destitute of courage than of military skill. A large force was assembled at Buffalo, and\nSmyth was eager for the fray; at all events, he affected to\nbe so. His proclamation to the men of New York was certainly an advance on Hull's at Amherstburg; that is to say,\nif a more inflated and bombastic style may be characterized\nas an improvement. He made one attempt which was\nrepelled 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\nappears to have oozed out at his fingers' ends, for a retreat\nwas ordered, and | the invasion of Canada,\" he announced,\nI had been abandoned for the season.\" The American forces\nwere ordered into winter quarters, and so ended the ludicrous fiasco. Even after this display of incompetency, Smyth\nhad the assurance to summon Colonel Bishop to surrender\nFort Erie. The answer he received was brief and to the point:\nI Let your General come and take the fort and the troops.\"\nMeanwhile the American General Dearborn had collected\na force of 13,000 men for the invasion of Montreal. It is\nhardly necessary to mention that these gallant troops never\nreached their destination. Small raids were made at St.\nRegis, where four hundred surprised and captured a picquet,\nconsisting of twenty-three men, together with a Union Jack\nused on holiday occasions by the Indian interpreter. This the\nAmerican Major ventured to call \"a stand of colours\u2014the' THE SCOT IN BRITISH NORTH AMERICA.\nJ61\nfirst taken during the war.\"* Reprisals, however, were soon\ntaken, for on the 23rd of November, a small force of the\nCornwall and Glengarry Scots with a few regulars, commanded by Lieutenant-Colonel McMillan, attacked the\nSalmon River post, and forced it to surrender unconditionally. During the same month occurred the affair of Lacolle\nMills, in which the advance of Dearborn, fourteen hundred\nstrong, was driven back, and retreated once more to Platts-\nburg. They had enough of war for that year, and, like the\nredoubtable Smyth, went into winter quarters; so the campaign of 1812 was over. The inequality of the forces engaged,\nas compared with the signal failure of the enemy, is noteworthy. Dearborn, according to Armstrong, the Secretary of\nWar, had 13,000 men ; Sir George Prevost had but 3,000 of\nall arms ; of the American left division from Sackett's\nHarbour to Prescott, there were 3,000 regulars and 2,000\nmilitia ; opposed to them and scattered along the shore from\nKingston downwards, were about 1,500 men. On the Niagara\nfrontier there were at least 6,000 men; whilst the British\nhad 1,700 at Fort George, and 600 scattered over 36 miles.\nFinally in the west, Harrison and Winchester had according\nto the former's own statement, | eight thousand effective men\nto overpower Proctor with 2,200, including Indians.\"\nThe campaign of 1813 opened auspiciously at both extremities of the line. In the west, General Winchester had,\nby some fatality, been led to advance to Frenchtown, on the\nRiver Raisin, some eighteen miles from Detroit. He had\nabout 1,100 men with him, while Proctor had only between\n* In this skirmish eight men were killed, including Sergeant McGillivray, who seems to\nhave been a Glengarry man. TEE SCOT IN BRITISE NORTE AMERICA.\nsix and seven hundred ; Winchester, moreover, could hope\nfor reinforcements; his opponent was absolutely cut off from\nhis eastern comrades. Yet, in a brief space of time, the defeat of the enemy was complete. Six hundred, including\nthe General, surrendered, and nearly four hundred were\neither killed or wounded. Proctor's loss was only twenty-\nfour killed and one hundred and sixty-one wounded.*\nOn 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\ncontinual apprehension and alarm. An American captain\n\u2014Forsyth by name, and, it is to be feared, of Scottish descent\u2014had been plundering and harrying at Gananoque and\nElizabeth town (now Brockville), taking back with him cattle,\npigs and poultry, and not these alone, but non-belligerents\nas prisoners. Another Macdonell now comes to the front\u2014\nthe hero of a dashing exploit. This was no less than a retaliatory attack upon Ogdensburgh on the ice. Lieutenant-\nColonel George Macdonell\u2014a relative, it would appear, of\nthe patriotic priest afterwards Bishop of Regiopolis\u2014was\nthe hero of the occasion. General Brock had recommended\nhim for appointment prior to the outbreak of the war, and he\nfully justified the good opinion of his gallant and sagacious\nchief*}- Sir George Prevost was on his way from Quebec to\nUpper Canada, and was, as usual cautious in the matter of\nattack. \u00a7 He sanctioned the expedition certainly, but gave\n* A graphic account of this conflict will be foun 1 in Major Kichardson's War of 1812, p.\n76. 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.\nt See Tupper's Life of Brock, p. 111.\n\u00a7It is beside our purpose either to defend or expose Sir George Trevost. It is probable\nthat 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\nMacdonell to understand that it must not be a real assault,\nbut only a reconnoissance to feel the enemy, not to fight\nhim. As Colonel Coffin observes,* | like the free lance of\nformer days, he was given to fighting on his own inspiration \" only, and was not inclined to obey Sir George Pre-\nvost's timid orders. Sprung of the stock of old Glengarry,\nand, at the head of his Fencibles, he felt himself more than\n\u25a0a match for the garrison of Ogdensburgh. Besides that, he\nhad, against his will, been deterred from accepting a challenge to fight on the ice. No sooner, however, was Prevost\non his way to Kingston than he went to work like a\ni>rave Scot who \"meant business.\" \" GeOrge the Red,\"\nas he was termed, gathered his forces behind the earthworks at Prescott, and prepared for his winter attack on\n\u2022Ogdensburgh across the ice of the frozen St. Lawrence. It\nwas not for them to hesitate, since the season for action had\ncome. They needed no martial address or inflated proclamation. The Highland'blood was up, and had been heated to\nthe extreme of fighting ardour by marauding raids on\nthe border. On the 23rd of February, 1813, Macdonell advanced upon the ice with only 480 men, two-thirds of whom\nwere Glengarry Highlanders. Obeying so far the command\nof Prevost, the Colonel, for some time, played with the\nenemy. The American Forsyth was at his breakfast, and\naffected to ridicule the demonstration. The snow lay deep\non the ice, and the advance of the little corps Was tedious\nJuly 10th, 1812), he directs him to remain on the defensive for fear of uniting the American\npeople.\u2014Ibid., p. 379. Prevost's Sackett's Harbour and Plattsburgh expeditions were\nnotable failures, not to say disgraceful ones. A strong case is made, with great acerhity\nagainst Prevost in the Letters of Veritas .and replied to in Auchinleck's History of theWar.\n* 1812 ; The War and its Moral, p. 90.\n! I 364\nTEE SCOT IN BR1TISE NORTE AMERICA.\nand difficult. The enemy was not long in discovering that\nthere was no child's jalay or mere \" British fun \" in the business. Macdonell had divided his small force into two>\ncolumns, and at the first serious onset the Americans fled to>\ntheir works. The first battery was carried by the Colonel\nat the point of the bayonet; Eustace forced his way into the\nmain fort; Jenkins had some difficulty in securing his footing against a seven-gun battery, covered by two hundred\ninfantry. The muskets and the guns kept up a continuous-\nfire, and Jenkins fell, wounded by a grape-shot, which tore\nhis side to pieces. Nothing daunted, Lieutenant Macaulay,.\nwho succeeded to the command of the company, carried the\nday. The gallant little band\u2014worthy sons of the Gaelic-\nclans, had nobly vindicated their claim to ancestral valour.\nOgdensburgh was theirs, and an end was put to frontier raids,\nfrom the other side. Macdonell distinguished himself, not\nless^by his intrepid dash on the field, than by his courtesy\nto prisoners and his determined opposition to plunder. He\nplaced a sentry at every door in Ogdensburgh, and strictly\nforbade anything in the shape of reprisals. In his despatch\nto Sir George Prevost, mention is made of the followino-\nofficers (Scots) who distinguished themselves : Lieut. Macaulay, Ensign Macdonell, Ensign McKay and Ensign Kerr;\nand also the support given by Col. Fraser and the Newfoundland contingent* A Scottish volunteer, then unknown to\nfame, took part in the affair at Ogdensburgh. The Hon. William Morris\u2014for he was afterwards a member of the Legisla-\ntive Council and of the Cabinet\u2014was born at Paisley on the\n* Auchinleck, p, 131; Coffin, pp. 95-6; Christie, ii. p. 71.' THE SCOT IN BRITISH NORTE AMERICA\n365\nlast day of October, 1786. He came out with his parents in\n1801, and in 1804 was assisting his father in business in\nMontreal. Business reverses overtook the latter, and he retired to a farm near Brockville. When the war broke out,\nyoung Morris received a commission as ensign in the militia\nfrom General Brock. In October, 1812, he volunteered, with\nCol. Lethbridge, for the first attack on Ogdensburgh; and\nin 1813 he was active in the successful assault under Col.\nMacdonell, just described. He was highly esteemed for\nbravery by his comrades, and continued to serve until 1814,\nwhen the arrival of troops from England, and the absence of\nany 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\nchapter. During the Rebellion of 1837, he was senior Colonel of the Lanark Militia, which he was active in drilling.\nHe died at Montreal in June, 1858. The Hon. Alex. Morris,\nlate Lieut.-Governor of Manitoba, and now M.P.P. for East\nToronto, was his eldest son, and ex-Alderman J. H. Morris,,\nof the same city, his nephew.*\nGen. Proctor's operations on the Miami do not call for detailed notice. This expedition had simply, for its purpose,,\nthe disturbance of the enemy in their task of erecting works\nat Fort Meigs, and his force was less than a thousand. Nevertheless, he inflicted a severe blow on Harrison's army,,\nand retired, not because he feared defeat, but from the fact\nthat large numbers of the militia and Indians had left for\ntheir homes and wigwams. In his despatch from Sandwich, he\n* Morgan, p. 429. \u2022\u2022366\nTEE SCOT IN BRITISH NORTH AMERICA.\nmentions 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,\nand the results were soon apparent. Two thousand embarked under General Dearborn, the vessels being under the\ncommand of Commodore Chauncey. After a valorous defence, York, now Toronto, the seat of Government, was\ntaken; but an explosion in the magazine caused a serious loss\n\u2022of life. The Canadian force was in the neighbourhood of\nseven hundred, and they were compelled to give way to\nsuperior force, three hundred of them being made prisoners\n\u2022of war. The American loss was three hundred and seventy-\neight; and of these, thirty-eight (including General Pike)\nwere killed, and two hundred and twenty-two wounded by\nthe blowing up of the magazine. Some of the Glengarry\nmen were present on this occasion, but in small numbers.\nThe officers killed were, Capt. McNeal, of the 8th (King's),\nand Volunteer Donald McLean, Clerk of the House of Assembly. The latter was killed \" while bravely opposing the\nlanding of the Americans.\" The strong box of the Receiver-\nGeneral had been removed to his house for safe keeping.\nAfter his death, it was broken open by the captors, and a\nthousand silver dollars stolen.* There was no disgrace in a\ndefeat of this character, since the contest was maintained\nwith obstinate courage for eight hours.*}* Among the officers\n* Scadding, Toronto of Old, p. 484. Col. (afterwards General) Winfield Scott, although\nparoled at Queenston, where he was taken prisoner, fought both at York and Niagara.\u2014\nJames' Military HUtory, i. p. 236.\nt Gen. Sheaffe in his despatch, says, \" He lod about six hundred, including militia and\n\u25a0dockyard men. The quality of these troops was of so superior a description that under less THE SCOT IN BRITISH NORTH AMERICA.\ndOf\nwho were compelled to surrender, there are a number who\nwere probably Scots ; some of them certainly so\u2014Major Allan, of 3rd York Militia, Capts. Duncan Cameron and John\nBurn, and Ensign Donald McArthur. The number of prisoners was not large; but there appears a worse feature in the\ncase. The naval stores were at York ; the ships, in an advanced state of construction, fell into the hands of the\nenemy; and much of the public property was either carried\noff or destroyed. It is difficult to acquit both Sir George\nPrevost and General Sheaffe of wanton neglect of duty.\nHere, at the capital, within a few hours' sail of the frontier,\nwere not only the public treasury and records, but also the\nonly means at hand of recovering naval supremacy on the\nlake. All the disasters which befell the Province are distinctly traceable to the culpable inactivity of those properly\nresponsible for the defence of the Province. It was they\nwho left the capital open to the invader; and the brave men\nof York were sacrificed in vain.*\nCommodore Chauncey sailed away for the Niagara River,\nwhere he expected, on good grounds, another temporary\ntriumph. He had abandoned the original project of an attack on Kingston, as being too hazardous. The Americans\nhad been reinforced from Sackett's Harbour, and had now\nsix thousand men, according to Armstrong, the Secretary of\nWar; the British force, on the other hand, says James,\n\" amounted to less than a thousand rank and file.\" The re-\nunfavourable circumstances, I should have felt confident of success, in spite of the disparity\nof numbers.\"\n* \" Young Allan McNab, a lad of 14 years, whose name has ever since been identified\nwith Canadian story, stood side by side with a veteran father, shattered with wounds, sire\nand son eager for the fray.\"\u2014 Coffin, p. 100. 368\nTHE SCOT IN BRITISH NORTH AMERICA.\nsuit was inevitable, since the garrison was short of powder.\nAssailed from Fort Niagara, from the fleet, and by the\ntroops which had landed at Four-mile Creek, General Vincent, after attempting to resist, was compelled to retreat,\nblowing up the magazines and destroying the stores. The\nout-lying posts atFortErie and Chippewa were ordered to join\ntheir comrades by way of Lundy's Lane, at the Beaver-dam *\nConsidering that fifty-one broadside guns on the American\nfleet had been fired almost without reply, the Canadian loss\nwas not so great as might have been expected. At Beaver-\ndam, with the other detachments, Vincent found himself in\ncommand of 1,600 men, and it was deemed necessary to retreat to Burlington Heights. This could not have been effected\nbut for the American General Dearborn's blunder. Had he\nlanded his troops between Queenston and Fort George he\nmight have completely invested the latter, and the whole\ngarrison would have been forced to surrender. Dearborn >\nhowever, | who seems never to have been in a hurry,\" so far\ndelayed the pursuit that no movement along the shore was\nmade until Vincent was in a position to entrench himself on\nthe Heights. In fact, throughout the war, there seems to\nhave been a fatuousness, an incapacity, or a want of dash\nand courage amongst the American commanders almost'inexplicable. Numerically their forces were almost invariably\nsuperior; and yet their success was utterly out of proportion\nto their strength. They had now gained a footing on British\nsoil, and yet failed to make good their advantage. As many\n* 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\nconduct the General bears strong testimony. THE SCOT IN BRITISH NORTH AMERICA.\n369\nas 3,500 of them advanced from Forty-mile Creek along the\nlake shore to attack Vincent. At Stoney Creek, after a march\nof seven miles they halted for the night. At about midnight\n704 British soldiers attacked them, under the veil of darkness, and completely routed them. The Generals, Chandler\nand Winder, with about 100 officers and men, were taken\nprisoners, and the rest of the enemy retreated, after having\nprecipitately destroyed their baggage. The conflict appears\nto have been a desperate one, and the loss on our side was\nvery heavy. On their return to Forty-mile Creek, the\nAmericans were reinforced by an accession of 2,000 fr.esh\ntroops to their ranks; but the army was thoroughly demoralized, and there was little difficulty in locking them up\nat Fort George. The affair at the Beaver-dam was a salient\ninstance of American weakness. This was the notable occasion on which Mrs. Secord distinguished herself by marching\nthrough the woods, in peril by savages, to warn the officer\nof a small force of his danger. Here 570 men,* under\nColonel Boerstler, surrendered to Lieutenant Fitzgibbon and\nthirty men! It is unnecessary to dwell upon the successful\nraids by Colonel Thomas Clarke,*J* of the 2nd Lincoln Militia,\nor Bishop's gallant achievement at Black Rock. By degrees\nthe Americans were cooped up in Fort George, where, as occasion offered, they engaged in forays upon farm-yards\n, Coffin (p. 147) states the American detachment at 673. Speaking of Mrs. Secord's\nachievement, he says, \"Such was the man (Fitzgibbon) to whom, on the night of the 25th\nJune, there came a warning inspired by woman's wit, and conveyed with more than female\nenergy.\" Of Mrs. Secord's nationality we know nothing; but she ought to have been a\ncountrywoman of Flora Macdonald.\n+ \" Clarke, a Scotchman by birth, was an Indian trader, and forwarder of goods to the\nwestern hunting-grounds, a member of the firm of Street & Clarke.\"\u2014Coffin, p. 159. 370\nTEE SCOT IN BRITISE NORTE AMERICA.\nin the neighbourhood. One officer, McClure, made himself\nconspicuous in this way, and was forcibly driven into the\nfort by Colonel Murray, with a small force.\nThe attack on Sackett's Harbour was one of the most discreditable episodes of the war. On the 28th of May, Sir\nJohn Yeo, the commodore, with Sir George Prevost as commander, started out with a view of destroying the enemy's,\nstores and dockyard at that place. The first assault was-\neminently successful; but somebody blundered. The blame\nis usually laid upon Sir Goorge Prevost, and, from what occurred at Plattsburg subsequently, not without cause one\nwould think. The enemy were thoroughly frightened, and,,\nso far from making a defence, or being capable of doing so,,\nfired their buildings and burned a frigate on the stocks*\nnot long after the British forces had been ordered, much to\ntheir indignation, to return to the boats. In fact, it was an\nanticipation of Bull's Run, half a century later. Of the Scots,,\nthose who were eager for the fray were Adjutant-General\nBaynes, Colonel of the Glengarry Light Infantry, Colonel\nYoung, of the 8th ; Major Drummond, and Major Mudie, of\nthe 104th; Captain McPherson, of the Glengarrys, and Grey,,\nof the 8th* The American position at Fort George was-\ngrowing more critical day by day. Yeo had menaced McClure from the lake side, and the gallant American, finding-\nhis position untenable, was guilty of a nefarious act. He\nmight have destroyed the fort, which he was perfectly justified in doing, but he pillaged and burnt the town of Newark\n(Niagara). Colonel Murray made a clash at Fort George, and\n* James: Military History, i. 413. TEE SCOT IN BRITISE NORTH AMERICA.\nMcClure, without attempting to show fight even with his superior force, fled across the river* Colonel (afterwards Major-\nGeneral) John Murray subsequently, followed him over the-\nstream and captured Fort Niagara by assault at the point of\nthe bayonet. Of the force at the storming of this important-\npost there were sixty Indians\u2014one chief, Norton, who volunteered, was, according to James, a Scot. The Scots Greys, or\nat least the Grenadier company of that regiment, bore the\nbrunt of the assault. The enterprise was a gallant one, and,,\nfor the first time, placed the British forces on American soil-\nJohn Murray, though of a Scottish family, was born in\nJamaica, where his father resided at St. James's. The\nfuture General entered the army, in the ordinary course,,\nas an ensign of the 37th Regiment, in 1792, and distin-\nguished himself in the Netherlands ; was wounded early at\nOstend, and taken prisoner. He subsequently served in the\n4th and 39th. When the 100th Regiment was raised he received the appointment of Lieutenant-Colonel, and was sent\nto Canada, where he was at once nominated mspecting Field\nOfficer of the Militia, and in that capacity commanded the\nadvance corps in theNiagara district, to keep-in check a much\nsuperior force. His occupation of Fort Niagara was a brilliant\nexploit, according to the General Orders, and \" reflected\nthe hio-hest honour upon Colonel Murray and the small detachment under his command.\" After the peace he returned\nto England in broken health, and sought relief in Southern.\nFrance ; there he lost his wife, and not long after died at\nBrighton, leaving an only daughter.f Had General Murray\nJames, ii. p. 6.\nMorgan, p. 189. 372 THE SCOT IN BRITISH NORTH AMERICA.\nbeen so fortunate as to have had a wider field for the display of his courage and ability, there can be little doubt that\nhe would have risen to a very high position in the army.\nPassing further to the west, we find Gen. Proctor with\nsome nine hundred men, and twelve hundred Indians, assailing Gen. Harrison on the Miami, at Fort Meigs. Batteries\nwere constructed, and Gen. Clay was detailed to assault\nthem with thirteen hundred men, he having arrived to reinforce Harrison. His movements were quick, and he had\nnearly succeeded, when the reserve troop under Capt. Muir,\nof the 41st, already famous in frontier warfare, aided by the\nbrave and intrepid Capt. Chambers, charged boldly and\nchanged the fortunes of the day. \" This will not do,\" said\nChambers, \" we must charge them.\" Emerging from the\nwood, his little band of two hundred \" rushed upon the right\nof the enemy's column.\" The enemy paused, wavered, and\ngave way, and the whole line was panic-stricken. Before\nthey could reach their boats, six hundred and fifty were\nkilled by the ftidians. Amongst the other Scots who distinguished themselves in this affair, were the gallant Lieut\nGordon, who, unhappily, was killed, fighting foremost in the\nfray, Capt. Muir, and Lieut. Mclntyre, who were both\nwounded.\n\"Unfortunately the serious reverses of the war now occurred. The first being the total defeat of the English flotilla,\nby Perry, on Lake Erie. Commander Barclay, R. N., who\nhad already distinguished himself during the war, found himself in a position of great difficulty. The American force was\ngreatly superior, as usual, and much better equipped. The THE SCOT IN BRITISH NORTH AMERICA.\nBritish commander was so short of men that he was compelled to obtain the assistance of a detachment of the 41st,\nsince only fifty seamen had arrived to equip five vessels. The\nAmericans had nine ships of a better class, and they were\nwell manned. The disparity between the forces will be better\n-understood in figures. The enemy had 580 men, the British\nS85; and the weight of metal was 928 lbs. against 459.* The\nforce arrayed against Barclay was, therefore, almost doubly\nsuperior\u2014fully so if the equipment of the fleets is taken into\nthe reckoning. Nevertheless, a hard and bloody struggle was\nmaintained, and Barclay's flag-ship emerged from the conflict a perfect wreck. Notwithstanding the notorious facts,\nCongress passed a resolution of thanks to Captain Oliver\nHazard Perry for \" the decisive and glorious victorv gained\non Lake Erie, on the 10th September, in the year 1813, over\n stitutional history of the Provinces in full detail.\nNevertheless, in order to link together the names and active\nservices of Scotsmen in public life, it appears advisable, in\naddition to what has already appeared in a previous part of\nthis work, to give at least the thread of the whole story in a\nconnected way. The French regime, with its various changes,\nmay be disposed of in a paragraph. During more than a\ncentury, the Colony of New France, although nominally a\nGallic possession, was practically in the hands of commercial\nmonopolies. Such were the establishments in Acadia under\nDe Monts\u2014\u00a3 The Associated Merchants,\" and j The Hundred\nAssociates,'' a Company chartered by Cardinal Richelieu.\nIn 1663, however, Canada was constituted a Sovereign\nColony, governed by a Council consisting of six, then eight,\nand finally twelve members. Of these the Governor, the\nBishop and the Intendant were the chief, being ex-ojjicio\nmembers. The Governor was the first subject in New\nFrance, usually a noble. He had the power of making war\nand peace, and of entering into treaties, standing, in fact, as\nthe representative of the Crown. In like manner, the Bishop TEE SCOT IN BRITISE NORTE AMERICA:\n393\nsuperintended ecclesiastical affairs, and was supreme within\nthe sphere alloted to him. The Intendant, although he\nyielded precedence to the Viceroy and Bishop, was practically a more powerful ruler. Usually a lawyer, he was often\na spy upon the Governor,* and conducted correspondence\nwith Versailles on his own account. He presided at the\nCouncil-board, and had entire control of finance, justice,\npolice and marine, subject of course, more or less, to the approval of the Council. As a matter of fact, the Intendant\nacted much as he pleased. The first who held the office Was\nTalon, a man of singularly upright and intelligent character ; the last, Bigot, has left an unenviable reputation as a\nruler, grasping, extravagant, thoroughly base and unscrupulous.\nThe land was held by feudal tenure, that system having\nbeen definitively established by Richelieu in the Charter of\nthe Hundred Associates, in the year 1C27. The seignior\nwas the grantee of the Crown, and became its vassal. In\nCanada the King and his officers exercised much greater\npower even than in France. They had in fact an unbounded\nri\u00bbht of intervention in the seignior's affairs. The censitaire\nheld his land again by an inferior tenure from the lord, and\nwas bound to pay him an annual amount in money or produce, or in both, per acre. He was also liable to the lods et\nventes, or mutation fines, to be paid, if he sold his title to the\nland, to the extent of one-twelfth of the purchase money, f\nIn some cases, it may be added, the superior granted land to\n* Parkman's The Old Regime in Canada, chap. xvi.\nt The Old Regime, chap. xv. 394\nTEE SCOT IN BRITISE NORTE AMERICA.\ninferior vassals, and these again made grants to their vassals,\nwho were habitants, or regular cultivators of the soil. * The\nadministration of justice was, on the whole, fair and equitable; yet, as might have been expected, it favoured, in\npractice, the superior class. The Council issued decrees, being only controlled by the royal edicts and the custom of\nParis. Subordinate Courts were constituted in the three\njudicial districts of Quebec, Three Rivers and Montreal.\nThe seigniors inhabiting the corporate seigniory of Montreal\nlad also the right to settle disputes, but, in course of time\ntheir jurisdiction was restricted to small causes.\nThus then lived the Franco-Canadian, for the most part\nhappy and contented. His tastes were frugal, his habits\nsimple, 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\nagainst the hum-drum life of the Colony, found a vent to\ntheir energies as coureurs de bois, or in those interminable\nstruggles with the Iroquois which had been left as a fatal\nheritage of woe and bloodshed by the folly of the early leaders and viceroys. All was changed by the conquest which\nended with the capitulations of 1759-60. Up to this tim\nthe Government had been purely despotic, after, the true\nBourbon fashion. Feudalism was thoroughly interwoven\nwith the social life of Canada, and freedom in any sense can\nhardly be said to have had an existence. The problem\nwhich now presented itself to the Imperial Government was\nnew, and one not easy of solution. A military period of\n*lbid, p, 245.\n|LU TEE SCOT IN BRITISE NORTE AMERICA. 395\ntransition was inevitable under the circumstances\u2014at all\n\u25a0events until the country was formally ceded to Britain, in\n1763. Under General Murray, this | despotism,\" * as Garneau\n-somewhat invidiously terms it, the \"new subjects \" of the\n\u2022Crown enjoyed an amount of liberty they had not known\nbefore. But they were firmly attached to the old system,\n-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\nwere few in number, but they had the ear of the mother\n\u2022country, and clamorously demanded the immediate intro-\n\u2022duction of English laws, pure and simple. Being conquerors,\nthey considered it their right to give laws to the vanquished. Hence a struggle which lasted eleven years. In\n1763 King George III. issued a proclamation in which he\npromised that, so soon as circumstances permitted, General\nAssemblies of the people should be convened in the same\nmanner as in the American Provinces; and ordained that in\nthe meantime the laws of England were to be in force.\nI Thus,\" says McMullen,*f* \u00a7 all the laws, customs and judicial\nforms of a populous and ancient colony were in one hour\n\u2022overturned, and English laws, even the penal statutes against\nRoman Catholics, introduced in their stead.\" It may be admitted that this measure was \" rash and ill-advised;\" yet it\nnever was harshly construed, and after a brief struggle the\nold system, exclusive of criminal and ultimately of commercial law, was re-established. This welcome concession, made\nHistory (Bell's translation), Lib. xi., ch. 1 But see Christie; History, vol. i. p. 2.\nHistory, p. 192.\nI S 396\nTEE SCOT IN BRIT1SE NORTE AMERICA.\nin 1774, was embodied in the celebrated Quebec Act of\nthat year.* Before entering upon the changes wrought by\nthis measure, Veference may be made to the establishment\nof the first newspaper issued in Canada. Messrs. William\nBrown and Thomas Gilmour, or Gilmore, who were, we believe, Scots, came from Philadelphia in 1764, and established\nthe Quebec Gazette. The first number was issued on the\ntwenty-first of June, with a subscription list of one hundred\nand fifty. This pioneer journal was, in the strictest sense, a\nnewspaper, no comments on political affairs being permitted\nby Government. Indeed, it was not until 1800 that the\nCanadian editor ventured to discuss matters of State.*f* It\nwas not, as will be seen hereafter, until 1791 that even the\nforms of parliamentary government were conceded to the\nCanadian subjects of the Crown.\nThe Act of 1774 owed its inception to Sir Guy Carleton,.\nwho was impressed with the injustice of imposing British\ninstitutions, laws and language upon the French Canadians,\nwho formed an overwhelming majority of the population.\nBut the British settlers\u2014for the most part of the military\nclass\u2014met the proposed legislation with the most determined\nopposition. The colonies to the southward were in the early\nstage of revolution, because the Imperial Parliament had\nthought fit to tax them without the consent of their representatives. Yet in Canada it was proposed to perpetuate the\nsame system, without even establishing the General Assembly\n% 14 Geo. HI. cap. 83 ; \"An Act for making more effectual provision for the Government\nof the Province of Quebec.\" See Sir Henry Cavendish : Debates, of the House of Commons*.\nJcc. First published from his notes. London : 1839.\n+ Lemoine : Quebec, Past and Present, p. 188; McMullen's History, p. 192; Morgan\nCelebrated Canadians, &c, p. 80. The Montreal Gazette was established in 1778, by\nJamesBrown. TEE SCOT IN BRITISE NORTE AMERICA.\npromised in the Royal proclamation of 1763. There was\nyet another grievance. Lord North's Government proposed\nto restore to the Catholic clergy the right to collect tithes\nfrom their co-religionists, thus putting the old Church upon\nthe footing of a quasi establishment. The Corporation of\nthe City of London, which heartily espoused the cause of\nthe British colonists, addressed a petition to the King against\nthe Bill in which the objections to it were concisely set out,\nThese may be summarized as follows: 1. That the Bill was\nsubversive of the fundamental principles of the constitution;\n2. That it denied British subjects there of the advantages\nof English law, and especially of trial by jury; 3. That the\nfaith of the Crown had been pledged to those who settled in\nCanada; 4. That the Bill established the Roman Catholic\nreligion, I which is known to be idolatrous and bloody,\" contrary to the express provisions of the Act of Settlement; 5.\nThat 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\nQuebec, enjoying an established form of constitution and\nsystem of laws, and these it restores once more. The exercise of their religion was to be free, and the clergy of the\nsaid Church might hold, secure and enjoy their accustomed\ndues and rights with respect to such persons only as should\nprofess 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-^\ntinued in the Province as it had obtained since 1765. The King\n\u2022This document will be found in Christie's History, vol. i., p. 6, note.\nt Cavendish, p. 216.\n|\u00bb\u2014 398\nTEE SCOT IN BRITISE NORTE AMERICA.\nwas also authorized to appoint a Legislative Council of not\nless than seventeen,and notmore than twenty-three members.\nThis body had! limited power to make I ordinances for the\npeace, welfare and good government of the Province, but no\npower to levy taxes except for local purposes.\" In the Commons the Bill was strenuously opposed by Fox, Burke, Barre\",\n.Sergeant Glynn and Dunning, and in the Lords by the Earl\nof Chatham, then upon the verge of the grave. The noble\nLord characterized it as \"a cruel, oppressive and odious\nmeasure, tearing up justice and every good principle by the\nroots.\" The Opposition, in everything except ability and\neloquence, was weak in both Houses, and the Bill passed by\nlarge majorities.* In pursuance of the Act a Legislative\nCouncil of twenty-three members was constituted, of whom\neight were Roman Catholics; and in 1775 the Imperial Gov-\n-ernment promulgated a new tariff, superseding the old French\n-duties.\nThe events of the next fifteen years may be passed over\nwith the simple remark that under Henry Hamilton the\nHabeas Corpus Act was passed in 1786. Meanwhile the\nEnglish-speaking population had increased largely by the\ninflux of U. E. Loyalists from the revolted colonies, and the\n-discontent caused at the passing of the Quebec Act grew louder.\nAt length in 1789, they employed an agent named AdamLym-\nburner, a Quebec merchant, who was despatched to London to\nurge a revision of the colonial system on a constitutional basis.\n\"This gentleman who appears to have possessed talents of a\nhigh order, was a native of Kilmarnock in Ayrshire, and\n* Watson: Constitutional History, vol. 1., pp. 25-80. In the Commons the final vote\n-stood, Yeas 58, Nays 20; and, in the Lords, Contents 26, Non-contents 7. TEE SCOT IN BRITISH NORTH AMERICA. 399\n\u2022died in 1836, aged 90, in London, after having served for\nsome years in the Executive Council of the Province.* He\n\u2022succeeded in gaining the ear of the Home Government, and\nthe result was the transmission to the Governor of a draft\nBill providing for the establishment of representative institutions in Canada. In the spring of 1791, the measure was\nintroduced by Mr. Pitt, and at once excited strong opposition\nfrom the British colonists. The very first proposition was\na division of Canada into two Provinces, and to that Mr.\nLymburner and his clients strenuously objected. Each\nProvince was to have a Legislature consisting of a Lieut.-\nGovernor, Legislative Council, and House of Assembly. By\nthe same Act, were established the Clergy Reserves, destined\nin the future to be a fruitful source of trouble and controversy. It was enacted so as to avoid a recurrence of the\n\u2022disputes which had lost England the thirteen colonies that\nthe British Parliament should impose no taxes but such as\nwere necessary for the regulation of trade and commercej\nI and to guard against the abuse of this power, such taxes\nwere to be levied and disposed of by the Legislature of each\n\u25a0division .\"*f*\nOn the 23rd of March, Mr. Lymburner was heard at the\n\"bar of the House of Commons against the Bill. He read a\nvery able and interesting paper of considerable length; and,\nalthough he failed to influence the Government majority the\ndocument is still worthy of perusal.^: He urged the propriety of totally repealing the Quebec Act on the ground\n* Christie's History, vol. i., p. 114.\nt Pitt's speech in Christie, vol. I., pp. 69-71.\nJ The bulk of It is given by Christie, vol. I., pp. 74-114. 400\nTEE SCOT IN BRITISE NORTE AMERICA.\nstated in the preamble of Mr. Pitt's Bill that it was in man\/\nrespects inapplicable to the present circumstances of the\nProvince. As a matter of fact they only repealed one clause\nof it. What the British residents wanted was \" a new and\ncomplete institution, unclogged and unembarrassed with any\nlaws 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\nwas it more palatable to the people of the other division who\nwould be cut off from communication with. the sea, and\ndependent altogether on the merchants of Montreal and\nQuebec. The result in his opinion would -be dissensions\nbetween the Provinces, hostile tariffs and continual disquiet.\nThe proposal to allow drawbacks upon goods imported for\nuse in the upper Province he regarded as futile, and likely to\nprove the fruitful source of smuggling and fraud. A further\nobjection was found in the absurd proposal to make the\nLegislative Council an hereditary body. Mr. Fox bad in vain\noffered an amendment to make the Council elective; but\nalthough the clause was carried it fell still-born and never\ncame to anything. Mr. Lymburner's objections to the Bill\nwere concisely stated towards the end of his address. He\ncomplained of the erection of two independent Legislatures,\nof the hereditary Council, unlimited in number; of the small\nnumber of representatives; of making the term of the\nAssembly 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\nsettlers without settling the rate. His constituents, as he\ncalled them, prayed for the repeal of the Quebec Act in toto; TEE SCOT IN BRITISE NORTE AMERICA. 401\nfor a triennial assembly with free admission to Roman\nCatholics, for a limited number of Legislative Councillors\nchosen for life by the Crown, for the establishment, as fundamental laws, of the criminal and commercial laws and\ncustoms of England, with the Habeas Corpus Act and Enff-\nlish common law in the Upper Canada districts.*\nAs early as 1755, the question of representative government presented itself in Nova Scotia. In that year, Chief\nJustice Belcher was directed by the Lords of Trade to inquire whether the Governor and Council could enact laws\nwithout the consent of the Legislative Assembly. He decided\u2014and his view was sustained by the Attorney-General\nand Solicitor-General in England\u2014that they had no such\npower. The Governor was of opinion that there were insuperable obstacles in the way of calling an Assembly; but\nhis objections were over-ruled. He found that the influence of. the Halifax merchants would preponderate in the\nHouse; but, as was well replied, that could be no excuse\nfor the exercise of an authority pronounced illegal by the\nlaw officers of the Crown. Petitions flowed in praying for\nthe convocation of a Legislature; but Governor Lawrence\n\" almost beseeched \" the Lords of Trade not to insist upon\nit at present. Their Lordships, however, having apparently\nlost all patience, made then' instructions peremptory.*!* A\n* One extract from this long and able address may be given as a specimen of its vigorous\nstyle : \" But sir, if the Province is to be divided and the old system of laws continued; if It\nis expected that either part of the Province, separated as proposed by this Bill, shall, in its\npresent exhausted and impoverished state, raise the supplies for supporting the whole expenses of government\u2014it will be reducing the Provinces to a situation as bad as the children\nof Israel In Egypt, when they were required to make bricks without straw. The people\nwill 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.\"\nt The entire correspondence on this subject will be found in the Nova Scotia Archives.\nHalifax, 1865, pp. 709-725. 402\nTEE SCOT IN BRITISE NORTE AMERICA.\nresolution was, therefore, passed by the Council in May, 1758,\ncalling a House of Representatives, consisting of sixteen\nmembers, for the Province at large, \" till the same shall be\ndivided into counties,\" four from Halifax township, two\nfrom Lunenburg, and two from each of the other townships-\nso soon as it shall contain fifty qualified electors. The first\nAssembly met in the month of October, 1758, and elected\nRobert Sanderson, Speaker. To his surprise, the Governor\nfound that the members were not so given to innovation as-\nhe had anticipated, although he took care to complain that\nsome of them were no better than they should be. Of course-\na large proportion of the House was Scottish, and we may\nbe sure .that, loyal though they unquestionably were, it was.\nscarcely likely that they had left their critical spirit or attachment to freedom behind them. At all events, matters-\nappear to have gone on smoothly enough in the first Assembly which ever sat within the limits of the Dominion. Then\nfollowed the French war, and the taking of Louisbourg and\nQuebec. As stated in earlier pages, Lord William Campbell filled the post of Governor from 3766 to 1773, when he\nwas transferred to South Carolina. This brings the history\ndown to the period of the extension of Scottish settlements;\non the east coast of Cape Breton and in Prince Edward Island,\nand is simply sketched in hasty outline to preserve connection with what is to follow. It may be added, that after the\npeace of 1763, Cape Breton and Prince Edward Island\u2014\nthen called the Island of St. John\u2014were annexed to Nova\nScotia. In 1770, the latter, when it only contained five\nresident proprietors, and one hundred and fifty families, was\nset off as a distinct Province, with a Legislature of its own. THE SCOT IN BRITISH NORTE AMERICA.\n402\nIn 1784, Cape Breton again became a separate colony, and\nremained so until 1820. In the previous year, New Brunswick was also detatched from Nova Scotia, and received a\nGovernor, Legislative Council and Assembly of its own.*\n* The authorities used throughout regarding the Maritime Provinces are\u2014Hallburton,\nMurdoch and Campbell's Nova Scotia,\u2014Munroe's New Brunswick^Hrown's Cape Breton,\n\u2014Patterson's Pictou,\u2014Stewart and Johnston's Prince Edward Island. The name of the-\nlast colony was changed from that of St. John, In 1800, in honour of H. R. H. the Duke\nof Kent, Her Majesty's father. ill:\n\u25a0 CHAPTER III.\nCONSTITUTIONAL RULE PRIOR TO 1812.\nHE storm of the American Revolution failed to uproot\nthe settled loyalty of the northern colonies. It does\nnot appear that the Stamp Act, or any of those other ill-\nadvised measures which, under Grenville and North, deprived\nEngland of thirteen Provinces, excited any commotion in\nCanada and Nova Scotia. On the contrary, they became the\nhome of those loyal refugees from the south who had cast\nin their lot, for weal or woe, with the Crown. The effect\nof the struggle was, therefore, to intensify, rather than\nweaken, the ties which bound these colonies to the Empire.\nWhen peace was proclaimed, in 1783, public affairs began to\nsettle down into normal shape, and under the Constitutional Act of 1791, the Franco-Canadians were, if not quite\nsatisfied, at least tranquil and submissive. The old Province\nwas divided into two, and thenceforward, for nearly fifty\nyears, their affairs flowed side by side, apart, yet not unconnected. Upper 'Canada, having been freed from all vexed\nquestions' concerning French law and feudal tenure, started\nafresh as a purely British colony. Lower Canada, on the\nother hand, had been pacified, so far as the French population were concerned, by the establishment of their \" religion,\nlanguage, and laws.\" That there lingered, for many years, THE SCOT IN BRITISH NORTH AMERICA.\na feeling of discontent amongst the growing British population may be well supposed. The remonstrances they had\npressed, through Adam Lymburner, had been summarily\ncast aside as unworthy of serious consideration. Pitt cherished, above all things, a desire to conciliate the French\npopulation. The threatening aspect of affairs in France, no\ndoubt, urged him to this course, rather than risk having a\nsecond Paris on the banks of the St. Lawrence. His suspicions were certainly ill-founded; and yet, on the whole,\nhe acted with sagacity, and in a liberal spirit.\nOn 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\nhad 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\nthey occupied an exceptional position as heads of the Executive. The chief officers of the State were arbitrarily chosen\nby the representatives of the Crown, and so were the members of the Upper House. Responsible government, in the\nmodern acceptation of the term, was unknown, indeed, at\nfirst, unsought for. The Assemblies could debate, no doubt;\nbut no one had as yet hinted that the course of public policy,\nthe tenure of Cabinet offices, or the control of public lands\nand interests, should be in the hands of the people's\nrepresentatives. At that early period in the history of Upper and Lower Canada, it is by no means certain that any\nother course would have been prudent. When the agitation\nfor complete self-government began in Lower Canada, as will\nBook xiii., chap. i. 406\nTHE SCOT IN BRITISE NORTE AMERICA.\nbe 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\nalone enlarge the basis of the structure without overturning\nit altogether.\nThe first years under the new constitution need not be\ndescribed in detail, inasmuch as sketches of Sir James\nCraig's administration, and of some of the more prominent-\nScots antecedent to the time of 1812, were given in earlier\npages. The first Lower Canadian Legislature was called\ntogether on the 30th of December, 1791. The lists of Legislative Councillors, members of Assembly, and Executive\nCouncillors, contain, from time to time, a number of Scots,,\nof whom little record remains except their names. Hon. Wm.\nGrant, a Quaker merchant, was an Executive Councillor; so\nwas Hugh Finlay, who gave his name to the Finlay Market.\nSir Alexander Mackenzie, of whom we shall have more to say\nin connection with the N orth-west, was originally a Canadian merchant. He was born at Inverness, and represented\nthe County of Huntingdon in 1804. Hon. James McGill,\nwho sat in several parliaments and was an Executive Councillor for some years, has already been referred to at length.\nThere are other names such as those of J. Young, shipbuilder,\nJohn Craigie, David Munroe, John Murray, and John Lees.\nMost of the Scotsmen who attained positions in public life\nat that time, were engaged in mercantile or shipping houses,\nat Quebec, Three Rivers, or Montreal. Of course the House\nwas preponderatingly French. In the Assembly of 1800,\nfor example, out of fifty members only fourteen names indicate British origin, and one was Dutch, or more probably TEE SCOT IN BRITISE NORTE AMERICA.\n407\na settler from New York State, all the rest being French\nCanadians.* Sir James Craig arrived in the autumn of\n1807, and the signs of an approaching storm began to appear upon the political horizon. In the Assembly of 1809,\nwe note the names of Ralph Gray, James Stuart, W. McGil-\nlivray 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\nPresbyterian.\nDuring Sir James Craig's administration, there was a critical struggle between the advanced spirits of the French\nCanadian 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\nout with renewed fury during the next period of our history.\nOne symptom of this discontent, in its preliminary stages, was\na 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.\n\" An irresponsible executive,\" says McMullen, \" was at\nthe root of most public disorders, and as time progressed, it\nbecame evident that Lower Canada would pass through the\nsame revolutionary ordeal as its western sister. In both\nProvinces identical modes were producing similar results,\nand at nearly the same time.\"*f*\n* Christie, Vol. i. p. 214, Garneau complains that, in the Council, the Canadians werejnot\nproperly represented, \" except at the outset when they were four to eight; but by the\nyear 1799, out of twenty-one members in the Council, only six were Canadians.\"\nt History, p. 231. Also Christie, vol. i. pp. 347-50. Garneau, who always takes'the ex- 408\nTEE SCOT IN BRITISE NORTE AMERICA.\nThe first years of Upper Canadian history have been\nbriefly sketched in a previous chapter (p. 311). It only remains to indicate the general course of affairs during the early\nperiod as far as the limited resources at command will permit. Simcoe's career, as Governor, was too short for the\nwelfare of the Province. He was a man of broad, constitutional views ; and, had he remained here for a longer period,\nthe seeds of discontent and disorder would not have so soon\nbrought forth fruit. At the close of the first session of the\nfirst Legislature, he said, \" At this conjuncture, I particularly\nrecommend to you to explain (i. e. to their constituents)\nthat this Province is singularly blest with, not a mutilated\nconstitution, but with a constitution that has stood the test\nof experience, and is the very image and transcript of that\nof Great Britain.\" How far that view of the colonial system was shared by those subsequently in power will appear\nin the sequel; meanwhile, it may be concluded from Simcoe's own words, that his views of administration were\nnot reconcilable with the irresponsibility of the executive,\nas afterwards maintained by his successors. The early\ngrievances 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\ninflux of immigrants from Europe and from the United\nStates might have been taken advantage of, had a sound\nand equitable disposal of the soil been made. This, however, was what the old residents were determined to prevent.\nThey looked upon themselves as the legitimate disposers\ntreme French Canadian view, dignifies Craig's term by the name of \"the reign of terror.\"\nBell's trans. Book xili. chap. il. THE SCOT IN BRITISH NORTH AMERICA.\n409\nof the territory, and proceeded to parcel it out amongst\na O\ntheir friends and relatives, simply for purposes of speculation.\nActual occupants were thus either driven away, or had to pay\nfancy prices for their land, in lots separated from.one another by forests, as effectually locked up as if in mortmain.*\nIt was in these early years that the nucleus of the so-called\n| Family Compact \" was formed, chiefly of U. E. Loyalists,\nhalf-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\nlargely for good. They monopolized, as was natural, all the\nculture 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\nalthough Upper Canada secured the form of representative\ninstitutions, their power and efficacy were entirely wanting.\nThere was a House of sixteen, and a Legislative Council of\nsix; an irresponsible Executive,*!* and a judiciary which,\nwhile not independent, was made worse by the participation\nof the judges in political life. The oligarchy was in fact\nsupreme in every department; whilst the people, at that\ntime absorbed in reclaiming the soil, attended but little to\npublic affairs, and cared less. Upper Canada was passing\nthrough that primitive stage of colonial society out of which\nit began to emerge shortly after the war. It is too much\n* McMullen: History, p. 238.\nt As Dr. Scadding remarks, offices were then literally held during pleasure. Some\nTrustees complained to Governor Hunter that they could not get their patents. Hunter,\nafter 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\nthem and placed in the hands of these gentlemen in my presence at noon on Thursday next,\nby George ! I'll un-Jarvis you.\" Toronto of Old, p. 478. 410\nTHE SCOT IN BRITISH NORTH AMERICA.\nthe habit of historians to look at that simple state of politics\nwith jaundiced eyes. They persist in looking at the rude\nsystems of the past through spectacles provided by the\npresent. As will be seen hereafter, great injustice has thus\nbeen done to the pioneers in the management of public affairs.\nMeanwhile it is only necessary to make this remark by the\nway.\nIn the Upper Canada Almanac for 1803 there is a list of\nall the public men of the time. The Macdonells appear\nin great force. Alexander and Angus Macdonell represented\nGlengarry and Prescott, while another Angus sat for Durham, Simcoe and East York. John Macdonell was Lieutenant of Glengarry county, and Archibald Macdonell, of\nPrince Edward. In the Militia lists of the same date there\nwere nine Macdonells of the Glengarry battalion\u2014the\nColonel, Lieutenant-Colonel, two Captains, three Lieutenants,\nand two Ensigns. Robert Gray was at that^time member\nfor Stormont and Russell, and Donald McLean, Clerk of the\nHouse.\nBefore entering on the next, or as it may be termed the\nfirst, political period, some reference must be made to the\nHon. William Allan. Concerning Mr. Allan's early career\nbeyond the fact of his Scottish origin we are without information. He first appears as the holder of a number of\noffices, none of which taken alone could, in those simpler\ntimes, have been over lucrative. He was the first postmaster\nof Toronto, and the office was situated on his own premises\non the west side of Frederick Street. South of that on the\nwater side was the Merchants' Wharf, also his property, and TEE SCOT IN BRIT1SE NORTE AMERICA.\n411\nthe Custom House of which Mr. Allan was collector* Mr.\nAllan, however, was not a mere office-holder ; but a public\nspirited citizen ready to serve his fellows in any useful work.\nHe was one of the trustees for the Mall, a pleasure promenade\nwhich, like its successor, the Prince of Wales' Walk, has disappeared forever. Largely interested in the development of\nthe district he busied himself with road-making, the levelling\nof hills, the improvement of Yonge Street, and the open-\ning up of Queen Street to the Don. As an ardent churchman he took part in the erection of the first Church of St.\nJames, 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\nMilitia, and fought, we believe, at Queenston.\nThe period antecedent to 1812 may now be dismissed as\n\u2022eminently barren and unfruitful. Notwithstanding some\nfitful efforts after political vitality\u2014merely of the embryo\nsort\u2014there really was no public life worthy of the name.\nThe struggle for existence, under the pressing necessities\nof early settlement, absorbed all human activities, and\nsociety, if not in the patriarchal stage, approached it in its\nrude activity. One has only to turn over any of the dingy\nyellow journals of the period to perceive that the future\nlife of the Provinces, ultimately to form a nation, was only\nin the making. Trade was in a refreshing state of simplicity,\nalthough there seems to have been no lack of vigorous enter-\n* \" We gather also from the Calendars of the day that Mr. Allan was likewise Inspector of\nFlour, Pot and Pearl Ash; and Inspector of Shop, Stall and Tavern duties. In an early,\nlimited state of society, a man of more than the ordinary aptitude of affairs is required to\n:act in many capacities.\" Scadding, p. 39. 412\nTEE SCOT IN BRITISE NORTE AMERICA.\nprise conducted under adverse conditions. The sparse\npopulation, devoted to agriculture, was sufficiently occupied\nwith the exigent duty of subduing nature, and politics were\nabandoned practically to those who made office-holding a\nprofession. Then, as always hitherto in Canada,- the lawyers,\ndoctors and other fairly cultured classes monopolized the\ngovernment prizes. The forms of constitutional rule existed;\nyet practically the representatives of the people were chosen\nfrom an extremely limited circle; and the legislatures, after\nall, exercised but little control upon public affairs. The\nearly settlers, many of whom were tolerably educated, having\nbeen officers in the army and navy, or the sons of U E\u201e\nLoyalists, mainly gentlemen in the conventional sense, assumed the leading places, and filled all the lucrative offices\nas a matter of prescriptive right. The Governors naturally\ndepended on them for counsel and support, and, in return,\nrewarded them lavishly with such gifts as were at the disposal of the Crown. It is easy to cast reflections now upon\na state of things which was then more or less inevitable.\nThe country as a whole had not yet been aroused to political\nactivity, and it was certainly better that the country should\nbe ruled by an oligarchy than not ruled at all. On the\nwhole it was well governed, and with the exception of some-\npersonal grievances, as well as a few glaring instances of personal aggrandizement at the public expense, there is not-\nmuch fault to be found with the rSgime'preceding the war. CHAPTER IV.\nfeom 1815 to 1841.\n\\wv(i T the close of the American struggle, Upper Canada\n^Q^1 entered upon a new era. The patriotic spirit which\nhad proved more than sufficient, during that rugged crisis,\nserved to quicken the Province into active and independent political existence. The invaders had been driven\nfrom the soil, notwithstanding the odds in their favour, and\nnow the country was to reap the reward of its strenuous\nexertions in the field. Yet, from a political point of view,,\nthere should have been misgivings from the first. No sooner\nwas peace proclaimed than immigration set in on a scale\nhitherto unprecedented. Large numbers of settlers came in\nfrom the United States and were naturally regarded with\njealousy by the official monopolists. The ranks of the latter\nhad been reinforced by large numbers of regular and militia\nofficers who had been provided for by gifts out of the publio\ndomain. The exclusive caste was definitively formed, and\nit became only a question of time when the conflict between\nit and the newcomers\u2014mainly democrats\u2014should commence.\nIt is the besetting sin of modern historians to survey the\nattitude of past generations from a modern standpoint. A\nlost cause has seldom any defenders after the lapse of a decade\nor so; yet surely the veracious chronicler ought, so far as\n9m 414 TEE SCOT IN BRITISE NORTE AMERICA.\nmay be, to project himself so far into the period he describes\nas to realize, however faintly, the views and feelings of those\nWho are without literary champions to-day. There is no\ndifficulty in eulogizing the asserters of principles which have\nsince asserted themselves; but so much the more necessary does\nit seem to be a duty to vindicate the motives, of those who\ncome into court posthumously without the benefit of counsel.\nIn 1815 the position was something like this. The loyal\ndefenders of the country had repelled the invaders of its soil.\nThey were in possession of the choicest Crown lands, and\ncontrolled every department of government, executive,\nlegislative, judicial, administrative, and municipal as of\nright divine. That they should assume that position was\nnot surprising. The burden and heat, not merely of the\nstruggle with the United States, but of pioneer settlement\nhad fallen upon them, and it was not in human nature to\nabstain from a determination to reap the fruits of what they\nhad sown. So soon as there appeared a danger from the influx of American settlers, the dominant party at once set its\nfoot down upon immigration from that quarter. Free grants\nof land were refused to all new-comers from, the United\nStates, and, in order to prevent the acquisition of lands by\npurchase, naturalization was abolished. A stringent Alien\nAct was passed under which any American was liable to\narrest and deportation on a charge of sedition\u2014a law\nwhich , virtually amounted to a suspension of the Habeas\nCorpus Act. Nor was this all. There was a well-grounded\nfeeling 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.\n415\nfound themselves, on some pretext or other, deprived of the\ngrants promised on the faith of the Crown. It is easy to\nsee why the party objected to American immigration; indeed, under the circumstances, one might have expected\nsome such outcome of jealousy on the part of victors who\nclaimed an exclusive title to the spoils. But their treatment\nof the disbanded troops is explainable on only one supposition, warranted apparently by the facts. The militia of the\nNiagara 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\nthe struggle came, they proved manfully loyal to the Crown,\nto their homes and country. The time arrived for carrying\nout the promise of reward to all who had risked life during\nthe war, and the government at York, in its alarm at a supposed increase of power to political adversaries\u2014then for\nthe most part imaginary\u2014trifled with the claimants, and in\nmany cases withheld the grants of land to which they were\nunquestionably entitled.\nMeanwhile, so early as February, 1815, the British Government undertook an emigration scheme. A free passage\nwas offered to emigrants, with a hundred acres for themselves\nand for their sons, on arriving at adult age. No great results\nflowed from this measure, except in one direction to be noted\nimmediately. Mr. McMullen* very naturally points out\nthat the excitement of the war had unsettled the habits of\nthe people, and that discontent supervened upon it. But\nit is doubtful whether that be a full explanation of the\n1 History of Canada, p. 330. 416\nTHE SCOT IN BRITISH NORTE AMERICA.\npolitical change which was imminent. The people had suffered and were strong, not merely in a spirit of national prider\nbut from the assurance borne in upon every man that he\nwas a unit in the commonweal. The result evidently must\nbe a strong assertion of individualism\u2014an awakening to\nnational life and vigour. Citizen soldiers do not, as our his-\ntorian thinks, | return discontented to the drudgery of their\nfarms.\" On the contrary, they come back with a greater zest\nfor the labours of peace, but with an augmented sense of their\nown personal importance. Like the youth of Greece and\nRome, like the apprentices to chivalry in the Middle Agesr\nthey never felt assurance of manhood until they had met the\nshock of combat. So soon as they had laid down their arms,\nthe Canadian yeomanry felt that the period of adolescence\nand tutelage was over, and that they were members, active\nand independent, of the body politic. War is, of itself, a\nhateful thing; and yet when it takes the dimensions of a\nstruggle for existence\u2014a conflict for home and hearth, wife\nand children\u2014there can be no better educator for freemen.\nThat which stirs the fibres of the heart and quickens its\naction healthfully, stiffens the back-bone of the man, and\nraises his political stature for all time to come.\nThe war of 1812-15 accomplished both purposes, and so it\ncame about that when the Assembly met in 1817, signs of\ndissatisfaction with the Administration were forcibly presented to public notice. At that period, it must be borne in\nmind that the lands of the Province, except in so far as they\nhad been alienated, belonged to the Crown. A large portion had been granted \" for the support of a Protestant\nclergy,\" and this was to form a bone of contention for forty TEE SCOT IN BR1TISE NORTE AMERICA. 417\nyears 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\nin those days could submit to legislative impertinences of\nso pronounced a character, and the Governor hurried down\nto the House only to send it about its business. A Scot now\nappeared upon the scene, so unique in character and career,\nthat his life must be sketched at some length.\nRobert Fleming Gourlay was born in Fifeshire somewhere\nbetween 1780 and 1784. He was evidently a man of keen\nobservation, shrewd and talented. But it must be confessed\nthat he was the victim of a litigious and irritable disposition. The chief materials for his biography are to be found\nin his collection of occasional pamphlets bearing the singular\ntitle of I The Banished Briton and Neptunian.\" * That he\nwas in every way an honest and conscientious man is clear\nfrom first to last. That he was, at the same time, energetic,\npainstaking and philanthropic seems equally obvious. So\nearly as the first year of the century he was employed by\nthe Imperial Government to enquire into the condition of\nthe English poor and suggest a remedy for prevailing distress.\nUpon his report a Bill was introduced as a Government measure, but rejected by the Lords. In personal business he was\ncertainly unfortunate, through no fault of his own. He in-\n* The latter designation is explained in one of these brochures by the following document written at sea, after a visit to Scotland :\n\" The Pacific, at Sea, Nov. 9,1833.\n\"Notice to Creditors\u2014I hereby intimate that I have sailed for America, not to evade\npayment of debts, but that all may be paid in full, for which funds are more than sufficient.\n\" Witness my hand,\n\" Kobt. Goorlay,\n\"Late of Leith, subject to the King.\nI Robt. Fleming Gourlav,\n\" of the Ocean, and subject to Neptune.\" 418 TEE SCOT IN BRITISE NORTE AMERICA.\nherited a bankruptcy, and set himself loyally to work to pay\noff the paternal debts and carve out a fortune for himself.\nUnhappily he leased a farm in Wiltshire, in England, on a\nlease, and expended his earnings in improvements ; but he\nquarrelled with his landlord, a Duke, and finally threw all\nup and resolved to make his fortune here in America. In\n1817 he left England for New York, and was accidentally\ncalled to Canada to visit some relatives. Notwithstanding\nhis liberal opinions, he was a thoroughly loyal subject, and the\nidea at once struck him that if the Upper Canadian land policy\nwere improved, and the resources of the country made known,,\nthe tide of British immigration might be diverted hither,,\nwith advantage both to the settler and the Empire. On his\narrival at York he was at first received cordially by the rulers\nof 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\npolitical tinge, not contemplated at the outset.* \" Without the slightest idea of evil,\" as he avers, i he took the novel\nstep of proposing that a Convention should be called of\nDeputies from all the constituencies to deliberate upon the\npropriety 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\n* I In Upper Canada my efforts had no view whatever to a reform in Parliament. The-\npeople there have a perfect representation, and before long they will make a better use of\nit than they have hitherto done. Soon after my arrival In that country I viewed It as the\nmost desirable place of refuge for the redundant population of Britain, and I conceived\nschemes for promoting a grand system of Immigration.\" Statistical Account of Upper\nCanada, compiled with a view to a Grand System of Emigration, By Robert Gourlay ;.\nLondon, 1822; General introduction, p. vi. It may be mentioned that this introduction is\na sort of piece justificative, making a volume Altself of over four hundred pages. The work,\nproper, In two volumes, covers with appendices nearly fifteen hundred more. THE SCOT IN BRITISH NORTH AMERICA.\n419-\nhave alarmed the authorities. Gourlay's aims were clearh-\ndistinguishable from any ordinary form of political agitation;\nand there can be little doubt that if the Executive had been\nless arbitrary, and he had been less pugnacious when threatened, the movement would have proved productive of great\ngood. The Convention was held, and so far as appears, its\nproceedings were not of a character to alarm anyone. It is\ntrue they petitioned the Prince Regent, and made some complaints about the Crown land management, and the hostile\nattitude taken up with regard to immigration; but the\nCrown lands then absolutely belonged to the monarch, and\nthere was certainly nothing seditious in meeting publicly\nand adopting petitions to be laid at the foot of the Throne.*\nThe Government at once commenced to assert its authority.\nIt was announced that the Colonial Secretary had enjoined\nupon the Governor an immediate allotment of lands to the\nmilitia; but that the Provincial Government had determined\nthat no grant should be made in favour of any man who had\nsupported the Convention movement.\nAs for Gourlay himself, advantage was taken of an Act of\n1804, which would have been worthy of Lord Castlereagh at\na time of absolute danger, to arrest the prime mover. He\nwas twice tried under it, and on both occasions aquitted.\nUnder cover of a new Act (1816), however, and on a sworn\ninformation, savouring strongly of perjury, Gourlay, having\nrefused to depart from the Province, was incarcerated at\nNiagara, and kept in durance for months. Now there can\n* Mr. JtcMullen somewhat sneeringly remarks that \" Upper Canada was too young for\npatriots; and the public welfare was lighly considered when balanced against personal\nprofit.\" Page 341. This is to be unjust to both sides; but allowance must be made, no\ndoubt, for what passes as historical impartiality. 420\nTHE SCOT IN BRITISE NORTH AMERICA.\nbe no question about the illegality of the whole proceeding.\nGourlay was arrested under a law which applied only to\naliens, and hev was beyond question a British born subject,\nand had never been naturalized in the States, and even if he\nhad the fact would not have been recognized by the Imperial\nGovernment at that time. The information and commitment\nbore falsehoods upon the face of them, and if the unhappy\nScot chafed under the injustice done him, and used violent\nlanguage after the arbitrary treatment he had received, who\ncan blame him ? The man was in fact driven to the verge of\ninsanity and all that he subsequently wrote proves this conclusively. The opinion of English counsel was taken, and it\nwas clearly against the legality of the imprisonment. Finally\nthe 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\na man who was a British subject, unconvicted of any offence\nknown to the law, was expatriated under a statute directed\nagainst aliens.\nNow, whatever may be said in disparagement of Gourlay\nby literary gentlemen \"who sit at home at ease,\" there\ncan be no doubt that he really laboured with effect in two\ndirections. In the first place he was the first to collect statistical information concerning the Upper Province, and thus\nrecommend it to the world as a suitable field for the emigrant. He had only been a few months in the country when\nhe submitted thirty-one questions to the chief inhabitants\nof every township, with a view of ascertaining definitely\nthe agricultural capabilities of Upper Canada. There can\nbe no reason for any sinister interpretation of his motives. TEE SCOT IN BRITISE NORTE AMERICA.\n421\nUnluckily for himself, however, his final query was interpreted as having a political significance. It would now be\nconsidered an extremely innocent one, even had its purpose\nbeen political. j What, in your opinion, retards the improvement of your township in particular, or of the Province in\ngeneral; and what would most contribute to the same ?\"\nwere the words used. The ruling party, however, at once\nscented treason in the air, and although Gourlay's intentions\nwere then strictly non-political, he became thenceforth a\nmarked man. Forced into the unsavoury slough of partisanship, to some extent from a feeling of natural astonishment, and\nstill more from the strong stubbornness which characterized\nIrim, instead of making his way out of the Serbonian bog as\nfast as he could, Gourlay floundered and struggled with his\nenemies until he sank in the manner already described.\nIt is a plausible account of the matter to attribute the\npoor man's troubles to infirmity of temper; but the very\nlaudable attempt he made, apart altogether from party considerations, rendered him obnoxious to the dominant caste.\nThe Imperial Government were on Gourlay's side, without\nperhaps being conscious of his efforts. An Act had been\npassed in England to provide facilities for emigration to\nCanada, another for the naturalization of aliens ; and finally,\nthe 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\nthe Crown in England that Gourlay was arrested for sedition.\nThe party in power at York was vehemently opposed to\nimmigration, either British or American. It must be borne\nin mind that at this time the population of the Province was\nG 422 THE SCOT IN BRITISH NORTH AMERICA.\ncertainly under two hundred thousand, and the influx of\nsettlers had been comparatively small. But the colonial\ngovernment set its face determinedly against any scheme to\naugment the population by immigration. Of this there can\nbe no doubt, since the Chancellor of the Exchequer stated in\nthe Commons that I the North American colonies had been\nso overloaded with emigrants that the Government of Canada had made the strongest remonstrances on the subject.\"\nIn plain English the ruling clique desired to preserve the\nProvince, not exactly for game, but none the less as \" a happy\nhunting ground \" for themselves and their numerous official\nhangers-on, civil, military, and ex-military. The colonial\nresistance to settlement from without was quite as strenuous,\nif not as reasonable, as that of the Australians in after years\nto the transportation thither of convicts.\nGourlay, 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,\nto relieve the suffering poor of Britain during the melancholy years which followed after the great continental war,\nand secondly, to fill up the wilderness of Upper Canada with\na stalwart yeomanry under the Crown. He was an eminently loyal man, and nothing appears to have galled\nhim more than the accusation of treasonable purposes. So\nlate 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\n* Gourlay addresses Mackenzie thus (Banished Briton, No. 2.) : \" Mr. Hume is a little\nman, and you, less. During four years in the United States I have witnessed far worse \u25a0\u25a0\nTHE SCOT IN BRITISE NORTH AMERICA.\n423\nin the Metcalfe controversy he took strong ground in favour\nof the Governor-General. It is clear that no abstract\ntheories of government troubled him, and if he had been left\nalone, Ministries and Assemblies might have done as they\npleased. Still his influence, brief though his career in Canada\nwas, had an important bearing upon, the future. His Convention\u2014a term he himself disliked because it was American\u2014stimulated the political growth of the colony beyond,\nquestion. From that time forth there was undoubtedly\nsuch a thing as public opinion. The sufferings endured by\nRobert Gourlay most certainly shook his reason and utterly\nruined him: but the fruit of his brief labours remain with\nus to this day. The Province thus owes to him two inestimable titles to respect. He was the first to lay its claims as\na field for colonization before the world in a detailed and\nsystematic form; and the first also to stimulate political activity, and usher in the new era of free responsible government.\nThat he was conscious of no political aim is not at all to\nhis discredit. He was the forerunner of a new dispensation,\nand, like other forerunners, had only a dim appreciation of\nits scope and tendency. * That the treatment he received\nthan European domination. Vou call yourself a patriot, and fly from home, and enljfc!\nscoundrels for the conquest of your country. This is patriotism with a vengeance: but\nGod will avenge. I am, more in sorrow than in anger, yours, &c, R. F. G. To Gen. Van\nRenssalaer, who was mustering the \" patriots,\" he wrote: \" David before Goliah seemed\nlittle, but God was with him. What are you in the limbo of vanity, with no stay but the\ndevil ?'\"\u2014a sentence eminently Carlylesque.\n* It is only fair to Gourlay, as mention has been made of his ppposltion to the rebels in\n1837-8, 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\nto meet and support Lord Durham's Report\" (Letter to the Examiner, May 25, 1839)\n\"Now that we see his report, I am doubly anxious to give him aid. I read it for the\nfirst 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.\nwas not merely unconstitutional and illegal, but simply barbarous, has been acknowledged on all sides. In 1836, Mr.'\nSherwood only contended for a pardon simply because the\n\u25a0other alternative was an acknowledgment of the injustice\nto which he had been subjected. By this time the extraordinary Act of 1816, under which Gourlay was convicted,\nhad been repealed, avowedly because of its unconstitutionality. The sentence of banishment was kindly annulled, but\nthe matter did not rest there. In 1841 Gourlay, in a petition to the House, gave a detailed account of his sufferings.\nIt was referred to a select committee which reported\nthat 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,\nand especially the trying character of the imprisonment,\nduring part of which Gourlay was confined in a close\ncell, I for five weeks in the dog-days,\" were unjust, unconstitutional and cruel. Sir Allan McNab stated, during the\ndebate, that he had heard of the sufferings of Mr. Gourlay,\n7 O J *\nwhich he regretted as much as any man.* A resolution was\npoint; no useless verbiage\u2014no 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\nchance.\" And then, he adds, looking regretfully back at his own abortive efforts, \"Twenty\nyears ago, all this information might have been obtained at one-tenth of the cost had\nmy projects gone Into effect; but the fulness of time, unfortunately for me, was not come.\"\n\u2014Ibid.\n* In referring to the case, Dr. Dunlop, of whom mention will be made hereafter, argued\nthat the Act of 1804 was unconstitutional, as no body on the face of the earth, whether\nKing, Lords or Commons of Great Britain, or Governor, Council or Assembly sf Canada,\nhad the power to banish a British subject unconvicted and uncharged with crime. More\nover the statute only authorized the banishment of British subjects who had not resided in\nthe Province more than six months; whereas it was well known that Gourlay had been an\ninhabitant for more than two years. He pointed out the absurdity of the judge's decision\nthat only a freeholder, and not a tenant, can be an Inhabitant\u2014In short exposed the invalidity\nof all the proceedings. THE SCOT IN BRITISH NORTE AMERICA. 425\ncarried unanimously in both Houses to address the Governor-\nGeneral praying that the recommendation of the report\nmight be carried out, and to this address Lord Sydenham\nassented on the following day. In 1842, Gourlay petitioned\nthe House for compensation. The Speaker stated that this\npetition was informal, and was couched in disrespectful\nlanguage. To this Dr. Dunlop retorted that it was the\nnatural language of a man who had suffered twenty-eight\nyears' persecution. Sir Charles Bagot granted Gourlay a\npension of \u00a350 from the civil list; but he appears to have\ndeclined it on the ground that he did not desire to seem a\nstate pensioner, but a recognised creditor of tbe Government,\nand entitled to adequate compensation for wrongs inflicted\nupon 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\nan irritable temperament, he had endured more than enough\nto madden a man of the most equable and patient disposition.\nIt was not to be wondered at that such a man, conscious of\nupright intentions, the victim of acknowledged injustice'\nshould chafe and fume under a sense of wrong. His imprudent writings were the natural safety-valve by which much\ndangerous emotion escaped without harming anyone but\nhimself. It is to his credit that from first to last, however\nhis personal wrongs may have crazed him, he never burst\nout into wild schemes of rebellion. The very charges under\nwhich he was imprisoned were in his case even technically\nabsurd. No man ever lived who had a greater horror of\nsedition, lawlessness and rebellion than he. But his life\nhad been wrecked and the whole fair vision of usefulness 426 TEE SCOT IN BR1TISE NORTE AMERICA.\nto 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\nwhich he was in part to blame, or perhaps his inherited\nnature, the bulk of responsibility must be borne by those who\nmisconstrued his motives, and were too exclusive in their\naims to understand the value of his energy and the manly\nsturdiness of his nature. In looking over his later utterances\nno one can fail to be touched by the irrepressible wail of\npain which comes up from that rebellious and stricken soul.\nThat his mind was shaken by persecution there is abundant\nevidence. His protest against the tyranny in London which\nkept him in confinement for three years and eight months\nI on the plea of insanity \" is sufficient evidence of the fearful\nconsequences of arbitrary rule. Gourlay possessed the consciousness that his motives were pure and patriotic; that he\nwas not, in the remotest degree, guilty of anything that\ncould be construed as seditious or rebellious ; it was equally\nclear that the proceedings taken against him, his imprisonment and banishment, were undoubtedly illegal and unconstitutional, as even his opponents subsequently admitted \u2022\nand with a man like him a struggle, utterly hopeless as it\nwas, meant the dethronement of reason, at all events for a\ntime. Yet when the fit was off him, in later years, when he\nceased to brood over his personal wrongs, no man could be\nmore prescient, more fertile in suggestion, more practically\nhelpful 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\nthe highest order. He fell upon evil times, however, and TEE SCOT IN BRITISH NORTH AMERICA. 427\nthe energy and fiery impetuosity which might have done\neffective service in a young country was pent up until it\nbroke its bounds and was dissipated in aimless brawlings,\nto be finally lost in the bosom of the remorseless sea, where\nalone it found eternal rest. With the after events of Gourlay's life we are not here concerned. He survived until\n1863, when he died in Edinburgh, having attained the age\nof at least eighty years. Like other men who have passed\nthe prime of life in turbulent excitement, he outlived all the\nstruggles of the past, and nearly all the actors in them, and\npassed serenely away, with religious confidence, and the\nsense of old wrongs forgotten. There in the tomb we may\nleave him, with the simple reflection that, in spite of weaknesses and infirmities of temper, no man in our Provincial\nhistory, who intended to do so much for his adopted country,\nwas privileged to do so little. Partly himself at fault, he\nwas only measurably so. He appeared too early, and the\nenthusiasm of his nature which might have been of so much\nutility to his adopted country was wasted like a bud in the\nlater frosts of spring. He was at any rate the harbinger of\nbetter times to come, and, amongst the Upper Canadian\npioneers of progress, there should be a conspicuous niche for\npoor Robert Gourlay.\nHaving thus sketched the career of the first Canadian Re-\nformer, it may be well to introduce to the reader's notice a\nstrong, hard-headed, but generous-hearted Scotsman, who\nmade an imposing figure on the other side in the early annals\nof Upper Canada. It is not so long since the lithe, slight\nfigure of Bishop Strachan was a familiar sight in the streets\nof Toronto. The dapper little man, clad in orthodox episco- 428\nTHE SCOT IN BRITISH NORTH AMERICA.\npal fashion, with knee-breeches and gaiters, must have been\namongst the earliest reminiscences of young men still on the\nsunny side of thirty. The brisk gait of the old Bishop, the\ncheery greeting, the subdued whistle of \" Bonnie Dundee,\"\nare amongst the-writer's earliest recollections of a man who\nplayed no small part in the affairs, ecclesiastical and political,\nof this country. The biography of the great Upper Canada\nprelate of the Church of England has been so often presented\nto the public that it does not appear necessary to do more\nthan sketch it in outline. * In whatever aspect the character of Dr. Strachan may be viewed, there is no mistaking\nthe strength and consistent earnestness of the man. As\nMr. Taylor has well remarked, \" men knew where to look\nfor, and where to find him. He took no tortuous course, for\nhe detested all crooked ways;\" *f* it might have been added\n\"with the strong conscientiousness of a Scot.\" His judgment,\nmay at times, have erred; but he was, above all things, a\nbrave, true man throughout.\nJohn Strachan was born at Aberdeen on the twelfth of\nApril, 1778, and received his early education at the Grammar-school of that city. j His father was a poor man,\nstraitened in circumstances; yet with the characteristic\nambition of a Scotsman he had determined that his son\nshould be well equipped' for future conflict with the world.\nWhatever else may be laid to the charge of the Scot, he,\n* Our chief authorities In addition to the other ordinary histories are Fennings Taylor\nDr. Scadding in a brochure entitled The First Bishop of Toronto ; a Review and Study?*\nand Morgan in Celebrated Canadians, and the Bibliotheca Canadensis.\nt Portraits of British Americans. Second series, p. 154.\nX Mr. McMullen sneers at the \" the little classical learning\" the Bishop picked up there,\nevidently from ignorance of the thorough drilling which the pupils underwent in those old.\nborough seminaries. TEE SCOT IN BRITISE NORTH AMERICA\n42\u00bb\nat all events, stands acquitted, by universal consent, of neglecting the future of his offspring. To place the sons in a\nbetter position than their father; above all to equip them\nwith a solid education, moral and religious, no less than\nsecular, is the persistent aim of every cotter in the Highlands\nand Lowlands, who has no other portion to give his children\nwhen he sets them adrift upon the ocean of fife. But to\nsecure that generous purpose he toils and works without\nregard to self, and when the fruit of his. labour appears in\nthe early successes of his sons, he is willing to thank Godr\nand lie down in death, with his inward vision turned upon a\nfield only now springing up with the promised grain, to see\nit, in affectionate imagination, whitening to the harvest. *\nJohn Strachan did not complete his education, as the historian,\nsupposes, at the Grammar-school. As he himself has sjjpted,,\nhe finished his terms at King's College in 1796, and proceeded\nto a Master's degree.\nIt was no doubt a proud epoch in the future Bishop's life\nwhen 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\ndismayed at the choice which a competitive examination\nhad forced upon them. They did not then know the energy\nand will-strength of the man with whom they had to deal,,\nand consequently installed him in office with not a few misgivings. There were nearly a hundred and fifty pupils in\n* Carlyle's Reminiscences show how a Scottish son can reverence the self-denying work\nof a Scottish father; and the perusal of his noble eulogy upon his parent calls to mind\nanother picture of Scottish family life in The Cottar's Saturday Night. 430\nTEE SCOT IN BRITISE NORTE AMERICA.\nthe school, among them Sir David Wilkie, the artist, and\n\u2022Commodore Robert Barclay doomed to misfortune on Lake\nErie, from no fault of his own.* John Strachan remained\nI dominie \" of Kettle for three years, when an invitation to\nCanada came to change the current of his life. It was\ntowards the close of the eighteenth century, that some liberal\nfriends of education, anxiously contemplating the proposed\n\u25a0establishment of a high school and university, bethought\nthem of applying to Scotland for a teacher to whom- they\ncould confide the training of their sons.*f* Amongst these\nthe most directly instrumental in securing Mr. Strachan's\nservices was the Hon. Richard Cartwright, a man of enter-\nprize and far-sighted views, the grandfather of Sir Richard\nCartwright, the ex-Finance Minister of our own time.\nTowju-ds the end of 1799, the future Bishop, still of course a\nPresbyterian, sailed from Greenock, by way of New York;\nbut so wretched were the passage and the means of inland\ntransportation that Kingston was not reached until the last\nday of the year. Mr. Strachan's first experience of Upper\nCanada took the form of disappointment. Had nothing\nmore 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\n* The Bishop, in referring to this period of his life, said long afterwards of Barclay, \" he\n\u25a0was a youth of the brightest promise, and often have I said In my heart that he possessed\n\u25a0qualities which fitted him to be another Nelson, had the way opened for such a consummation.\"\nt \"The families referred to\u2014Hamiltons, Stuarts and Cartwrights\u2014when'casting about\nfor the education of their sons appear to have looked toward Scotland rather than England,\npartly perhaps from national predilection, and partly from a reasonable impression that the\neconomic and primitive university system of Scotland was better adapted to a community\nconstituted as that of Upper Canada then was, than the more costly and more complicated\nsystems of England.' Scadding: The First Bishop of Toronto, p. 12. THE SCOT IN BRITISE NORTE AMERICA\n431\nnative land. But there was a prospect that he might, within\na reasonable time, be placed at the head of an Upper Canada\nuniversity. Governor Simcoe, with that statesmanlike prescience which characterized him throughout an official term\nall too brief for the Province, had from the first made the\nestablishment of a university his \" first and chief\" desideratum.* Unfortunately the first Governor had been removed\nbefore his patriotic scheme was carried into effect, and just\nwhen Mr. Strachan arrived at Kingston, there seemed to be no\nprospect that either the university or grammar school system\nwould 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\nhimself, and his friends could add to the number of pupils\nand so provide the young Scot with an honourable and fairly\nremunerative living until the plans of the Government were\nmatured. Mr. Cartwright was a sincere and active member\nof the Church of England, and, by his advice, the tutor betook himself to the study of divinity. Dr. Stuart who, in\nsome sort, represented the Bishop of Quebec, advised him in\nthe same direction. The result was that the future Bishop\nreceived deacon's orders in 1803.\nOf course it is open to anyone to_ say that Mr. Strachan\nwas actuated by personal gain, or even ambition, in taking\nthis step. No one who knew him will entertain the suspicion\n* On the 20th July, 1796, in a despatch to the Secretary of State, he proposed that one-\nseventh of the Crown Lands should be sold for public purposes, \" the first and chief of which\nI 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\nwhatsoever, a grateful attachment to His Majesty's Government, morality and religion will\nbe fostered, and take root throughout the whole Province.\" Portraits, &c, p. 162. 432\nTEE SCOT IN BRITISE NORTH AMERICA.\nfor 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\nwas towards Anglicanism. He saw that to be useful he would\nbe compelled to surrender inherited views or prejudices regarding church government. So far as essentials were con-\ncerned he never changed his views in the slightest degree;\nnor is there any reason to believe that he dissembled or\naffected an alteration of theological opinions from motives of\nwordly ambition. At that time, there was the slenderest\nprospect of ecclesiastical preferment; but he saw that some of\nhis Scottish friends were Episcopalians, and that so as to be of\nuse to them and their children it would be wise to adopt the\nformulas of the Church to which he had been opposed in his\nyouth. It may well be believed that to him it was a sacrifice, not a betrayal. Those who had the fortune to meet him\nin later years, know well the thorough catholicity of his\nnature. He never disguised his own views, or simulated\nbelief in opinions his conscience disapproved; indeed, on\noccasion, he could be rather too outspoken. But he was\neminently charitable to all who differed from him, an apostolic churchman, worthy of the primitive age. And it .was\nthat essentially Christian spirit which animated him when\nhe left the church of his fathers and became an Anglican.\nStern and inflexible in matters of principle, he could fraternize with fellow-believers of every creed, Protestant and\nRoman Catholic alike. His own'opinions were well known,\nfor he never disguised them; the warm geniality of his nature prompted him to recognise the substratum of truth\nwhere, to his view, it was overlaid with an unhappy in- TEE SCOT IN BRITISE NORTH AMERICA.\ncrustation of error. His own theology, like all else that he\ncherished, was crystalline and clear; but he held, in the\ndepths of a fervid and eminently philanthropic nature a deep\nregard for all who loved his Master \" in sincerity and truth \"\nThere was still another reason for the change of denomi-\nnation. Mr, Strachan's father was an Episcopal non-juror\u2014\na, champion of the lost cause of the Stuarts, and his earliest\nrecollections of church services were those he attended with\nhis father at Aberdeen, presided over by Bishop Skinner. Subsequently he habitually accompanied his widowed\nmother to the Relief Church, of which she was a member.\nHe was thus only a Presbyterian by accident. When he\narrived at Kingston, and was thrown in contact with the\nRev. Dr. Stuart, who, although an Anglican, was the son of\n& Presbyterian, Mr. Strachan was naturally attracted to the\nChurch of his father. There is no pretext for imputing interested motives to the future Bishop at all, since at the\ntime his future was a sealed book, and there was no reason\nwhy he should prefer one communion to the other, except\nfrom deliberate choice. That he retained to the last the\nconfidence and friendship of so noteworthy a Presbyterian\nas Dr. Chalmers, with whom he regularly corresponded until\nthe great Free Churchman's decease in 1847, is sufficient\nevidence that the rectitude of his motives was recognised\nby one whose moral standard was confessedly high. The\nBishop of Niagara, who was afterwards one of his pupils, at\nToronto, has given a graphic description of Mr. Strachan's\nmethods, and of his remarkable success as a teacher. * His\nFennings Taylor ; Portraits of British Amerie^. p. 168. 434 THE SCOT IN BRITISH NORTH AMERICA.\ngreat care was to interest the boys in their studies, and to\ndraw out their latent capabilities by attractive means. To\nhim education meant what its etymology implies, not cramming, but development. Perhaps no instructor could boast\nof a larger number of pupils who obtained eminence in\nafter-life. Chief Justice Robinson, and his brother the Hon,\nW. B. Robinson, Chief Justices Macaulay and McLean, Judge\nJonas Jones, Dean Bethune, of Montreal, and his brother,\nBishop Strachan's successor in the see of Toronto, the Hon.\nH. J. and G. S. Boulton, Col. Yankoughnet, father of the\nChancellor, Donald iEneas Macdonell * and others sat at the\nfeet of the ex-dominie of Kettle.\nDr. Strachanf removed to York, at the instance of General\nBrock, and, in 1812, became rector of York. For the first\ntime he now entered the political sphere, by taking the initiative in forming a loyal and patriotic society. The times\nwere out of joint; war was imminent, and, with characteristic vigour, the new rector came to the fore. There was a\nstrong heart beating beneath the ecclesiastical vestments, and\nhe had an opportunity soon of showing his mettle. When\nthe long expected shock of war came on, there never was a\nbusier or more useful man than Dr. Strachan. It has been\nremarked that when York was taken, he was \" priest, soldier,\n* Mr. Macdonell only died the other day. Born in Cornwall In 1794, he was an early\npupil of the Bishop's. In the year 1812, he was with the Glengarries at Lundy's Lane,.\nStoney Creek and Sackett's Harbour. Entering the 98th, he served for some years in the\npiping time of peace, and then returned to Canada. During the Rebellion he commanded\na corps, and was returned three times for the United Counties of Stormont, Dundas and\nGlengarry. 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\nof his death, he was over eighty-six years of age.\nt He was made an LL.D. by the University of St. Andrews in 1807, and a D.D., in the\nsame year by that of Aberdeen. \u00ab\u2014\nTHE SCOT IN BRITISH NORTH AMERICA.\n435\nand diplomatist\" all in one. At the capture of York he was\nincessantly active. After the explosion, by which General\nPike was killed at the old fort, the Americans threatened\nvengeance 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-\nputs it, I by his great firmness of character saved the town\nof York in 1813 from sharing the same fate as the town of\"\nNiagara met with some months afterwards.\" The sturdy\nclergyman at once visited General Dearborn, and threatened\nthat if he carried out his threat of sacking the town, Buffalo,.\nLewiston, Sackett's Harbour and Oswego should be destroyed\nso soon as troops arrived from England. His earnestness-\nand determination moved the American, and he spared the-\nlittle Yorkers from any systematic burning and plunder.\nBut all the danger was not over; marauding parties- wandered about the town seeking for plunder, and not unfre-\nquently were confronted by the sturdy little rector. On\none occasion two Yankee soldiers visited the house of Col.\nGivens, who was an officer in the retreating army. The inmates were absolutely helpless, and the marauders made off\nwith the family plate. Dr. Strachan at once went after\nthem, and demanded back the stolen property. Under the\n' circumstances this was a singularly courageous thing to dor\nand apparently a hopeless one. But the rector was a man\nof unwavering resolution, and managed at last, without any\nother weapon than that which nature bad placed in his\nmouth to secure the return of the goods to their rightful\nowners. The pluck and bravery displayed by him throughout that trying time showed sufficiently the real \" grit\" of 436 TEE SCOT IN BRITISE NORTE AMERICA.\nthe man, and the boldness and strength of will shown then,\ncharacterized his life. In resolution and determined perseverance, he was every inch a Scot.\nIn 1818 began Dr. Strachan's public fife in the ordinary\nsense of the term; for he was then nominated an executive\ncouncillor and took his seat in the Legislative pouncil. He\nremained a member of the Government until 1836, and of\nthe Upper House up to the union of the Provinces in 1841.\nThere was nothing singular in these appointments; nor do\nthey seem to require the elaborate defence offered for them\nby Dr. Strachan's biographers. The state needed all the\n-available talent at its disposal in those days, much as England was sorely bested in the old days when prelates were\nLord Chancellors. Moreover the constitutional theory\nthen in vogue required at least some approach to English\ntheory and practice. That \" the image and transcript\" was\na pale and bloodless simulacrum must be conceded; the\nforms were there, but the substance was to come thereafter.\nDr. Strachan was not then a Bishopj indeed he only became\nArchdeacon of York in 1825. But, as Dr. Scadding and\nMr. Fennings Taylor remark, he was the most prominent\nchurchman at York, and, therefore, naturally came forward\nas the representative of religion in the councils of the state,\non as clear a title at all events as the first Protestant Bishop\n\u2022of Quebec when elevated to the rank of an Executive Councillor in the Upper House upon his arrival.*\n* There Is another possible reason why the Bishop and Dr. Strachan were made Executive\n\u2022Councillors. Under the old French regime, even before their appointment as Bishops, and\nmore than once during an Episcopal Interregnum, Vicars-General sat at the Council Board\nat Quebec as of right. It Is at any rate probable that after the conquest, and especially\nwhen a new Church establishment was contemplated, the Governors resolved to remain TEE SCOT IN BRITISH NORTH AMERICA.\nAbout the time of Dr. Strachan's appointment as councillor, began the politico-ecclesiastical conflict which was only\nbrought to a close within the memory of the existing o-ener-\nation. By the Imperial Act of 1774, which conceded to the\nGallican clergy the right to collect tithes, provision was made\nfor the support of 1 a Protestant clergy;\" and in 1791, one-\nseventh of the lands was set apart for that purpose in Upper\nCanada under the name of Clergy Reserves. Dr. Scadding\nis no doubt in the right when he interprets the intention of\nthe Imperial Government to have been the establishment of\nthe Church of England in the one Province as an off-set to\nthe quasi establishment of the Roman Catholic Church in the\nother. But it is not so much with the aim of Parliament\nas with the letter of the statute that we have to do. Even\nthough it be taken for granted that by \" a Protestant clergy,\"\nthe Government meant the clergy of the Established Church;\nthe question still remains, which of those which are by law\nestablished in Great Britain and Ireland? North, of the\nTweed, the Presbyterian communion was the State Church\nand Episopalians were Dissenters ; south of it, the latter\nformed the establishment. Across the channel, both were\nendowed, although the Anglican Church maintained the\nsupremacy, with representatives in the House of Lords. If\nthen, in a new country, towards which people of all the great\nreligious communions were tending, by \" a Protestant clergy \"\nwere meant the Anglican clergy, why was the ambiguous\nphrase adopted ? The Presbyterian faith was established in\nScotland and Ireland, and there seemed no valid reason why\nfaithful to ancient precedent throughout the Province. After 1791, of course, the same\nsystem would naturally be maintained. 438\nTHE SCOT IN BRITISH NORTH AMERICA.\nit should cease to be in as favourable a position in Upper\nCanada. Moreover, the Nonconformists, especially the earnest\nand growing Wesleyan-Connexion, as well as the older Con-\ngregationalists could not be excluded under the terms of the\nland reserve. No one could fairly deny to them the title of\nProtestant I indeed they were, perhaps, more distinctively\nProtestant than the Church of England which has always\ndisclaimed the term.\nThe immigration which set in after the peace of 1S15,\nhad been of a somewhat miscellaneous character, and so it\ncame about that grave discontent arose amongst the new\nsettlers, occasioned by reserves and grants of all sorts, especially those set apart for the clergy. They were, for the\ntime, in the dead hand of the Church, obstructed settlement,\nand where every seventh two-hundred acre lot was thus\nclosed up and fenced about ecclesiastically though not literally, there was certainly some reason for complaint. In\n1819, the Presbyterians of Niagara petitioned the Lieutenant-Governor, Sir Peregrine Maitland, for a grant of \u00a3100\nfor the support of a Scottish Church minister, and boldly\nhinted that the grant should come from the funds arising\nfrom the Clergy Reserves. This memorial was forwarded in\ndue course to Earl Bathurst, the Colonial Secretary, who\nreplied that the Reserves were intended for the Established\nChurches of England and Scotland, and not for | the denominations,\" referred to by the Governor. This dispatch at\nonce 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\n* One extract from this memorial will suffice, \"They\" (the petitioners) \" are impelled by\na sense of duty most earnestly, though most respectfully, to deprecate the rivalry to the THE SCOT IN BRITISE NORTH AMERICA.\n439\nbe rightly understood, must be viewed from his own standpoint. He had a deep and sincere veneration for the English\nconstitution, and naturally regarded the Anglican Church as\none of its chief pillars. The image and transcript of old\ncountry institutions could not be regarded as complete, he\nthought, unless the Church were not merely established, but\nrepresented also in the councils of the Province.* Dr.\nStrachan was eminently a patriot; such he showed himself\nto be from first to last. That he erred in his political course\nwe may readily admit; but in so far as he did so, he merely\nthought and acted like other men who floated on the current\nof the time, instead of attempting to stem it. His course\nduring 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\nOanada.\nHis somewhat narrow creed, political no less than ecclesiastical, may be readily condoned when one contemplates\nbds vigour and patriotic impulse. It is easy to affect contempt for a strong character like his ; but it asserted itself\nduring a long life, and bore well the wear and tear of nearly\nninety years of unflinching exertion for the public weal, as he\nregardedit. Certainly on the two great questions about which\nDr. Strachan was so keenly concerned, he was doomed to\ndisappointment. The law officers of the Crown decided that\nChurch of England and those endless evils of disunion, competition aud irritation of which\na compliance with the ministers of the Kirk of Scotland cannot fail, in the opinion of your\nLordshlp's petitioners, most widely to scatter the seeds.\" The memorial goes on to urge\nthe 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.\"\n* 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\nTHE SCOT IN BRITISH NORTE AMERICA.\nthe Clergy Reserves were not intended exclusively for the\nAnglican Church. As there were two established churches,,\neach equipped with >ca Protestant clergy,\" they were of\nopinion that the Church of Scotland had an equal right\nwith the sister communion to a share in the land endowment.\nThey went further still, and vindicated the claims of other\nProtestant denominations, known as nonconformist in England. No sooner was this conceded by Parliament than\nthe entire ground was cut from beneath the feet of those who\nadvocated a monopoly in state support for religion. Before\nthe Union of 1841, no less than sixteen measures which had\npassed the Lower House for the secularization of the Reserves were rejected in the Legislative Council. The Act\nof 1840 provided simply for a redistribution; and under itr\none-half was devoted to the Anglican and Scottish Churches,,\nand the other to purposes of \" public worship and religious-\ninstruction, among the remaining denominations, according\nto the discretion of the Governor in Council.\" * As this-\nburning question will thrust itself frequently upon our attention hereafter, it is only necessary to note here that after\na series of bitter struggles lasting over more than thirty\nyears, it was finally set at rest by the Act of 1854. During-\nthe whole period, Dr. Strachan was faithful to his principles,,\nmistaken as they now appear to everybody to have been.\nIn matters relating to ecclesiastical supremacy he could\nbrook no compromise. Agreeable in personal intercourse, he\nwas stern and inflexible whenever the cause he had most\nsincerely at heart seemed to be in jeopardy. In 1836 he\nresigned his place as Executive Councillor, and in 1839 be-\n' Scadding, p. 44. TEE SCOT IN BRITISH NORTH AMERICA.\n441\ncame the first Bishop of Toronto. The following year he\nceasedtobe ameinberof the Legislative Council, and abstained\nthenceforth from taking any part in public affairs, save in\nthat department which may be termed church politics.\nThe other subject of intense interest with him was the Provincial University. How the first flush of his hopes had\nbeen disappointed has already been recorded. Twenty-eio-ht\nyears elapsed before any attempt was made to carry out the\nproject of Lieutenant-Governor Simcoe. In 1827 a royal\ncharter was granted in favour of King's College. The charter\nwas drawn no doubt mainly on the lines laid down by the\n.archdeacon himself. It was to be essentially an Anglican\nuniversity. In the four faculties, all the Professors were to\nbe \" members of the Established United Church of England\nand Ireland,\" and were required \" to severally sign and subscribe the Thirty-nine Articles.\" The only liberal provision\nin it was an exemption from any religious test on the part\n\u25a0of students and graduates in faculties other than that of\ndivinity. King's College was not opened until ] 843, and\n\u2022in 1850 all that made it valuable in the Bishop's eyes was\neliminated. All that was distinctively Anglican disappeared.\nThe faculty of divinity was abolished and, so far as education was concerned, \" all semblance of connection between\nchurch and state \" proclaimed afterwards in the preamble to\nthe Clergy Reserve Act, was done away.\nThe venerable Bishop was equal to the emergency, for\nthe old fire was not yet dead, although it burned in an aged\nbosom which had breasted the tide of life during more\nthan seventy years. His mission to England was a wonderful effort at his advanced age. Yet in little more than 442\nTHE SCOT IN BRITISH NORTH AMERICA.\nsix months he returned with the first fruits\u2014some sixteen\nthousand pounds sterling.* In the spring of 1857 the\ncorner-stone of Trinity College was laid, and in the beginning of the following year the building was so far completed\nas to be fit for occupation. The Royal Charter was secured\nin 1853. Thus, by the inextinguishable ardour and energy\nof one zealous prelate was the purpose of his life at last\nsecured. It may be doubted whether the experiment of a\nrival University was a wise one, since the establishment of\na Divinity Hall was all that the crisis required. By the\ntime that Trinity University was established, the people\ngenerally\u2014 the bulk of the laity certainly\u2014had come to the\nconclusion that religious training for the clergy was a matter\nentirely alien from the purposes of state endowment. In a\nshort 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\nCollege, and the faculties or law and medicine shared the\nfate of the divinity staff. This radical measure may be open\nto some objection. Certainly it does seem, in one or two respects, to have maimed our educational system. \u2022 A liberal\nculture which excludes a fair modicum of instruction in the\nconstitutional history and polity of the country, in its jurisprudence generally, and in the broader facts of physiological\nand hygienic science, appears to be singularly defective in\ncharacter.\nTo Bishop Strachan, the University was-nothing if not\nrounded and complete in all its parts\u2014modelled after the\nv Dr. Scadding mentions as a noteworthy circumstance that the circular of '* the committee\nof friends \" was signed by Mr. Gladstone. THE SCOT IN BR1T1SE NORTH AMERICA.\n443\nancient foundations of England and Scotland. He had no\npatience with lop-sided institutions; and, having determined\nto make an Anglican university, he resolved that it should be\none in fact as well as in name. In other directions, the memorable prelate certainly effected work of unquestionable value.\nSo soon as the severance between Church and State had\nbeen formally proclaimed, his administrative and legislative\ntact was employed in placing the Anglican Church upon a\nsound governmental basis. To him the laity of that communion owe it that they are represented in the Synods of the\nchurch as substantially as with the Presbyterians. The\nelders of the latter correspond with the lay delegates of\nthe former; they are elected alike by the members of congregations, and have given a stimulus to parochial and church\nlife generally, which cannot be estimated too highly.\nThe Bishop's later years were passed in efforts to extend,\nthe usefulness of the Church to which he was so ardently attached, and to promote harmony amongst the various types\nof thought, doctrinal and ceremonial, within its pale. He\nwas a warm-hearted man, unspoilt by the fierce contentions,\npolitical and ecclesiastical, through which he had passed.\nLike other ardent spirits, he was at once dogmatic and tolerant ; firm, not to say stubborn, in opinion; yet in practice\ncatholic, and systematically benevolent. During the evening of his long and. eventful life, the venerable Bishop was\nuniversally 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\nwho served as the chief remaining link between a distant\nand almost forgotten past, and the new and altered life of 444 THE SCOT IN BRITISH NORTH AMERICA.\nthe present. That he had combattedthe reforming spirit of\nprogress in the earlier time, and had failed, was no ground\nfor prejudice in menjs eyes, now that the battle had been lost\nand won. It was enough that Dr. Strachan was active,\nearnestly human and undaunted even when the people had\ndecided emphatically that he was mistaken in his zeal, as\nwell as in his methods. So, at the last, when he .was almost\nalone in the world, bereft of domestic solace, he found human\nsympathy 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\nthe opening year of confederation, and died on the second of\nNovember, 1867, in the eighty-ninth year of his age, manful,\nenergetic and courageous to the last. Funereal pomp is not\nalways the evidence of either respect or regret. Still there\nwas no mistake about the sincerity of the tribute paid to the\ndeceased 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\n* \" For several years before his departure hence, however, his well-known form, caught\nsight of in the streets, or at public gatherings for patriotic or benevoleut purposes, had\nhim regarded and saluted with the same kind of universal Interest that used to accompany\nthe great Duke towards the end of his career, In the parks and squares of Loudon.\"' Dr.\nScadding, p. 66.\nt Bishop (now Archbishop) Lynch took part in the mournful procession, and his presence\nthere 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\nof two Bishops should be solicited. The Mayor and those associated with him, first visited Dr.\nStrachau, who received them with a cheery smile, and, when informed that the delegation\nintended to visit the Catholic Bishop, he looked up and said in that hearty, but rather\nrough Fifeshire accent of his: \" Ech, Dr. Lynch is a fine mon, and a great frien' of mine; we\noften hae a crack thegither.\" In turn, the Catholic Bishop expressed himself with equal\nwarmth touching his rival In the See, but his friend by the hearth. THE SCOT IN BRITISH NORTH AMERICA.\n445\nthe troops, regular and other, lined the streets and that\nthe strains of martial music were heard at the burial of one\nwho was first a churchman of the militant type, and next a\npatriotic citizen. The new order had succeeded to the old;\nbut the military authorities had not forgotten the brave\nrector who stepped into the breach, when the invader attempted to sack the town wherein he lived and died. With\nmany, perhaps with most, of Bishop Strachan's earlier views\nit is impossible to express more than a qualified sympathy ;\nstill he was a brave, strong, conscientious man, rough-hewn\nin some respects, yet worthy of sincere admiration for all the\ngood he accomplished,apart from the theories he held concerning church and state. Scotland has no reason to be ashamed\nof her prelate-son, since the weaknesses of his policy were\nfrustrated, and only the sturdy, sharply-cut figure of the\ncourageous little Bishop remains as a salient example of good\nScottish pluck, energy and perseverance.\nWe have already alluded to Dr. Dunlop, and this appears\nas fitting a place as any that may present itself hereafter to\nsketch a character singularly eccentric and almost bizarre.\nWilliam Dunlop was born at Greenock, in the last decade of\nthe eighteenth century. He came to Canada with Mr. John\nGait\u2014of whom hereafter\u2014in 1826, and took part in the\nfounding of Guelph. He had been an old contributor to\nBlackwood's Magazine, and was intimately acquainted with\nJohn Wilson, Maginn, Hogg, and the whole circle celebrated\nin | The Recreations of Christopher North.\" He resumed\nhis contributions to Blackwood after his arrival in Canada,\nand their character may be inferred from the title of one of\nthem : \" The Autobiography of a Rat.\" In an article from 446\nTHE SCOT IN BRITISH NORTH AMERICA.\nFraser, quoted by Morgan * we find some interesting details of his early career. He was a surgeon in the Connaught\nRangers (88th), of all regiments in the world, for some years,\nand 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\nfashion: At last the jungle fever laid him low, and he was\ncompelled to return home on half-pay. His next move was\na characteristically eccentric one. He delivered a course of\nlectures on medical jurisprudence at Edinburgh, described as\na mixture \" of fun and learning, law and science, blended\nwith rough jokes and anecdotes, not at all of the most prudish nature.\" He then went to London and played the editor\nfor a time in his usual jaunty fashion. Sometimes leading\narticles appeared ; at others, the British Press appeared\nwithout them, especially when he had more serious work on\nhand. He had a strong antipathy to the French, and, on a\nsignificant change of Ministry under the Bourbons, he simply\nwrote: \" We perceive that there is a change of Ministry in\nFrance; we have heard of no earthquakes in consequence.\"\nHe 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\nfared tolerably well; but after a year, he got tired of it, as\nhe did of most other undertakings which involved continu-\nous labour. In 1825 when the stock mania was at its height,\nDr. Dunlop was interested in brick, iron, salt, and other\ncompanies either as secretary or director. He superintended\nMb. Canaden, p. 112. THE SCOT IN BRITISH NORTH AMERICA. 44f\nthe salt works in Cheshire. 9 But,\" says Fraser, 9 as the\nTiger is an honest fellow\u2014a strictly honest fellow in every\nsense of the word\u2014it is perfectly unnecessary to state that\nhe made nothing of the bubbles except what salary he may\nhave received.\" About the same time, he founded a club\nbearing the peculiarly euphonious name of I The Pig and\nWhistle.\"\nIn 1826 the Doctor came to Western Canada in company\nwith John Gait, and still continued his contributions to the\npress in England and here. He wrote for the literary and\npolitical press\u2014for the former chiefly in the Canadian\nLiterary Magazine of York, and the Literary Garland of\nMontreal. In 1836 he founded the Toronto Literary Club,\nbefore which he frequently lectured. The first Union Parliament met in 1841 at Kingston, and Dunlop was returned\nto it from the County of Huron, a constituency he represented until 1846, when he resigned ; his death took place\nin 1848. During his brief public career, the Doctor was a\ngeneral favourite, partly on account of his well-known eccentricity, and partly from the racy character of his speeches.\nHe was a forcible, but scarcely an eloquent, speaker; yet,.\nno sooner was he expected to speak than the House filled,\nat once.\nDr. Dunlop had a brother almost as eccentric as himself,\nresiding with him, and they kept a housekeeper possessed of\nmeans, from whom they had been compelled either to borrow\nmoney, or, what was much the same thing, to go in arrears\nin the payment of her wages, in order to tide them over an\nemergency. 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.\ntherefore, startled his brother by stating that the only way\ncut of the difficulty was for one or other of them to marry\nBetty. This was agreed upon at last, and the Doctor gave\nhis brother a penny with which to toss up for the wife. It\nis said that the coin had two heads, so that there was after\n&\\\\ no element of chance in the matter. The coin went up,\nthe Doctor cried, \" heads,\" and of course head it was. The\nhousekeeper was nothing loth, and the brother was married\nto her without unnecessary delay. Doctor Dunlop was unquestionably a most eccentric man; but he had a strong\npractical vein in him, and although somewhat fitful at work,\ncould, 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\n.not conclude with a copy of his will. As a mutilated version has often appeared in the press\u2014indeed, it appears to\ngo the rounds periodically\u2014a correct copy is here given from\nthe Surrogate Court records of the County of Huron.* It\nreads as follows:\u2014\nIn the name of God, Amen.\nI, William Dunlop, of Fairbraid, in the Township of\n\u2022Colborne, County and District of Huron, Western Canada,\nEsquire, being in sound health of body, and my mind just\nas usual (which my friends who flatter me say is no great\n.shakes, at the best of times), do make this my last Will and\nTestament as follows, revoking of course all former wills :\u2014\nI leave the property of Fairbraid, and all other landed property I may die possessed of to my sister Helen Boyle Story,\n* To the kindness of Mr. John Macara, of Goderich, the writer is indebted for this docu-\n\u25a0ment, as well as for access to a rare volume of Canadian political pamphlets. TEE SCOT IN BRITISH NORTH AMERICA. 449-\nand Elizabeth Boyle Dunlop, the former, because she is-\nmarried to a minister whom (God help him) she henpecks..\nThe latter because she is married to nobody, nor is she\nlike to be, for she is an old maid, and not market-rife\nAnd also, I leave to them and their heirs my share of tbe\nstock and implements on the farm; Provided always, that\nthe enclosure round my brother's grave be reserved, and if\neither should die without issue, then the other to inherit\nthe whole.\nI leave to my sister-in-law, Louisa Dunlop, all my share-\nof the household furniture and such traps, with the exceptions hereinafter mentioned.\nI leave my silver tankard to the eldest son of old John, as=\nthe representative of the family. I would have left it to\nold John himself, but he would melt it down to make temperance medals, and that would be sacrilege\u2014however, I\nleave my big horn snuff-box to him, he can only make\ntemperance horn spoons of that.\nI leave my sister Jenny my Bible, the property formerly\nof my great-great-grandmother, Bethia Hamilton, of Wood-\nhall, and when she knows as much of the spirit of it, as she\ndoes of the letter, she will be another guise Christian than\nshe is.\nI also leave my late brother's watch to my brother Sandyr\nexhorting him at the same time to give up whiggery, radicalism, and all other sins that do most easily beset him.\nI leave my brother Alan my big silver snuff-box, as I am\ninformed he is rather a decent Christian, with a swag belly\nand a jolly face. 450\n1HE SCOT IN BRITISH NORTH AMERICA.\nI leave Parson Chevasse (Maggy's husband), the snuff-box\nI set from the Sarnia Militia, as a small token of my gratitude\nfor the service he has done the family in taking a sister that\nno man of taste would have taken.\nI leave John Caddie a silver teapot, to the end that he\nmay drink tea therefrom to comfort him under the affliction\nof a slatternly wife.\nI leave my books to my brother Andrew, because he has\nbeen*so long a Jungley Wallah that he may learn to read\nwith them.\nI give my silver cup, with a sovereign in it, to my sister\n\u2022Janet Graham Dunlop, because she is an old maid and pious\nand therefore will necessarily take to horning: And also my\nGranma's snuff mull, as it looks decent to see an old woman\ntaking snuff.\nI do hereby constitute and appoint John Dunlop, Esquire,\nof Fairbraid; Alexander Dunlop, Esquire, Advocate, Edinburgh ; Alan C. Dunlop, Esquire, and William Chalk, of\nTuckersmith; William Stewart and William Gooding, Es-\nquires, Goderich, to be the.Executors of this my last Will\nand Testament.\nIn witness whereof I have hereunto set my hand and seal\nthe thirty-first day of August, in the year of our Lord one\nthousand eight hundred and forty two.\n(Signed) W. Dunlop. L.S.\nThe above Instrument of one sheet was, at the date thereof, declared to us by the Testator, William Dunlop, Esquire,\nto be his last Will and Testament, and he then acknowledged\nto each of us, that he had subscribed the same and we at THE SCOT IN BRITISE NORTE AMERICA. 451\nhis request, signed our names hereunto as attesting witnesses.\n(Signed) James Clowting, \\\nI Patrick McNaughton, I L.S.\nI Elizabeth Steward. ;\nI, Daniel McDonald, Registrar of the Surrogate Court of\nthe County of Huron, hereby certify that the within is a true\nand correct copy of the original last Will and Testament of\nthe said William Dunlop, Esquire, deceased.\nGiven under my hand and seal at Goderich, in the said\nCounty, this eighteenth day of April, in the year A.D. 1881.\n(L.S.) D. McDonald, Registrar.\nTo return to the period properly under review, Robert\nGourlay, driven to the verge of insanity, had been banished.\nThat\" he had no special predilection for constitutional change\nhas been seen; but in 1820 another Scot appeared upon the\nscene, who was destined to play a more conspicuous part,\nand indirectly to revolutionize the old colonial system of the\ntime. William Lyon Mackenzie was born at Springfield,\nDundee, Forfarshire, on the 12th of March, 1796. Daniel,\nhis father, who died within a month of his son's birth, left\nbehind a widow and an only child in rather straitened circumstances. Educated but imperfectly at school, he was\nobliged at an early age to work for his living. * His\nmother appears to have been a woman of singular force of\n* The chief authority here is The Life and Timis of William Lyon Mackenzie. By\nCharles Lindsey. Toronto, 1862. The Histories and Morgan's Celebrated Canadians have\nalso been used. ei\n452 TEE SCOT IN BRITISE NORTE AMERICA.\ncharacter, and it was from her, doubtless, that Mr. Mackenzie\ninherited the salient qualities in mindand action for which he\nwas afterwards no^ed. From school, while yet a lad, he went\ninto a draper's shop at Dundee; thence to the counting-house\nof a wool merchant named Grey, of whom he always spoke\nwith the greatest respect. There the mysteries of the accountant's craft were made plain to him, and by the knowledge\nthus acquired, he afterwards profited when in a sphere of\nlife he never contemplated in those early times. With Scottish pluck and independence, when only nineteen, he went\ninto business for himself at Alyth, keeping what in America is called \" a general store,\" and also a circulating library.\nMackenzie was always an insatiable reader, and he knew\ngood literature from that which was worthless; hence the\nlatter feature in his venture. His business, however, was unsuccessful as perhaps might have been anticipated under the\ncircumstances, yet his creditors were all paid to the uttermost\nfarthing years after he had loft the country.\nIn 1817 we find him in England, in Wiltshire, where he\nbecame managing clerk in the service of a Canal Company,\nand 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\nof age, he was bald from the effects of fever; but his slight,\nsinewy.frame was capable of great exertion, informed as it\nwas by a quick, nervous and resolute spirit. Shortly after\nhis arrival, Mr. Mackenzie was appointed on the survey of\nthe Lachine Canal, but his tenure of that situation must\nhave been brief, for he turns up soon after at Little York\n(now Toronto). There he was in business with Mr. Lesslie TEE SCOT IN BRITISE NORTE AMERICA.\n453\nin the book and drug business. * The profits of the books,\nwe are told, went to Mr. John Lesslie, whilst Mr. Mackenzie\nreceived those arising from the drug business. A second\nbusiness establishment was afterwards opened at Dun-\ndas, placed under the care of Mr. Mackenzie, and conducted by him apparently with profit for about a year and\na half.-f* In 1823 this partnership was dissolved, and Mackenzie removed to Queenstown, on the Niagara, and opened\na general store, which, at the end of the year, he abandoned\nto embark upon the stormy sea of politics. That he did\nso from necessity is clear, since, as he has himself stated, his\nbusiness was not highly remunerative. Perhaps that constitutional unrest which followed him through life was the\nmoving cause, since he had hitherto taken no part whatever\nin public affairs, j At all events, on the 18th of May, 1824,\nhe issued twelve hundred copies of a newspaper called the\nColonial Advocate, without having, as he himself has left\non record, a'single subscriber. In a letter, quoted by his\nbiographer, Mr. Mackenzie, explained his motives. The\nI family compact,\" to his view were the enemies of immigration, of popular education, of civil and religious lib-\n* This conjunction of the trades in medicine for the body and the mind was continued to\na comparatively recent period by Mr. James Lesslie, who was also the proprietor of the\nExaminer newspaper until it ceased to live.\nt Mr. Lindsey writes (p. 36): \"In a printed poster I find the firm styled Mackenzie &\nLesslie, Druggists, and Dealers in Hardware and Cutlery, Jewelry, Toys, Carpenters' Tools,\nKails, Groceries, Confections, Dye-stuffs, Paints. &c, at the Circulating Library, Dundas.\"\n\u2022 X Mr. McMulIen's personal description is clearly the portraiture of the man in later life;\nstall it Is sufficiently graphic to bear quoting in this connection : \" Of slender form, and only\nfive feet six inches in stature, his massive head, bald from early fever, and high and broad in\nthe frotitalregion, looked far too large for the small body it surmounted. His eyes clear\nand piercing, his firm set Scotch mouth, his chin long and broad,'and the general contour\nof his features, made up a countenance indicative of strong will and great resolution, while\nthe ceaseless activity of bis fingers, and the perpetual twitching of the lower part of his face\nbetrayed that restlessness and nervousness of disposition which so darkly clouded his existence.\" History, p. 369. Lindsey, p. 36. !\u25a0\"'\n1\n454 TEE SCOT IN BRITISE NORTH AMERICA.\nerty, and although he might have been united with them on\nterms personally advantageous, he preferred \" at nine-and-\ntwenty to joinvthe oppressed.\"*\nThe truth is, as Mr. Lindsey partly admits, that Mr. Mackenzie employed Rembrandt tints too plentifully in pour-\ntraying the political landscape of the time, and in his paper\nhe certainly aimed at being a pen-and-ink Hogarth. He\nhad at hand a strong vocabulary, and used it without stint;\nand the sardonic humour in which he indulged, must have\nbeen galling to those who then held power. They had now\na second Gourlay on their hands, whom they could not banish, and were not as yet able to silence. After having\nchanged the form of his paper, the neophyte in journalism\nresolved to beard the dragon in its lair, and removed to York.\nAlready the Government was alarmed; but~its organs confined themselves to vague threats and such return of the\nMackenzie fire as came to hand.\nSingularly enough, the Colonial Advocate gave utterance\nto moderate views on most subjects.*!* The endowment of\nreligion it regarded as a most laudable act. j The University,\nfor which Dr. Strachan was earnestly contending, met with\nhis entire approval. All that he urged in both cases was\nthat there should be no exclusiveness in the matter of en-\n* 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\nReformer, was concerned In inviting citizens of this (the American) Union to interference in\nCanadian 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.\nt Lindsey, p. 43.\nt \" 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\nremained a wilderness, for the support of religion.\" TEE SCOT IN BRITISE NORTE AMERICA.\n455\ndowment. He favoured the levelling up of the denominations, not the exclusive establishment of one. But while\nMr. Mackenzie was, on the whole, exceedingly moderate, and\neven conservative in his general views, he made bitter onslaughts upon the whole official and privileged class or\n\u2022coterie, from the Lieutenant-Governor downward. The pen\nhe wielded was hard-nibbed, and there was an excess of gall\nin his ink. It was this, more than anything else, that exasperated the party in power. They did not so much object\nto 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\nof invective against the Governor, the Executive, the judges\nand office-holders generally, it seemed time to take\nalarm. After all, Mackenzie's views -were far from being\ni-evolutionary in 1824. He was a constitutional Reformer;\nyet his programme was certainly moderate enough. He\nwas a staunch friend to British connection, opposed to the\nabortive Union Bill of 1818, and one of the first to propose\na, British North American confederation. He certainly objected to the Clergy Reserves being monopolized by a single\n\"Church, and also wrote against maintaining the right of primogeniture. But on the endowment question in general he\nwas at one with Dr. Strachan at that time, and would have\ndenounced secularization as a monstrous piece of sacrilege.*\nBut if the editor of the Colonial Advocate did not offend\nby the extravagance of his political creed, he certainly gave\n* Lindsey, p. 47. McMullen (p. 360) says; \"The very first issue of the Advocate awoke\nthe greatest alarm in the minds of the Family Compact. Another prying Scotchman of the\nOourlay stamp had come to disturb their repose, and their organ suggested that he should\nbe forthwith banished the Province, and the whole edition of his paper confiscated.\" 456\nTEE SCOT IN BR1T1SE NORTE AMERICA.\njust cause for trepidation in other ways. To begin with, he\nhad made his journal, in fact as well as in name, a newspaper, and this feature in the case irritated the other editors.\nBut his chief offence, we repeat, lay in the restless energy\nwith which he exposed abuses, corruption, official pluracies,\nnepotism\u2014the final flower and fruit of a primitive and stagnant political fife. The language used in the Advocate was\nof the vituperative order, and a native genius for humour\nand sarcasm had made its editor somewhat callous to the\nfeelings of others whose only crime was that they had enjoyed the good things at the command of the Government,,\naccording to the prescriptive order of the time.* It was clear\nthat the Gourlay experiment could not be tried again; but\nviolence might be employed to silence the agitator. In the\nninth Provincial Parliament, the Assembly for the first time\ncontained a Reform majority. To this result Mr. Mackenzie\ncan scarcely be said to have contributed, since only a few\nnumbers of his paper had been issued, and that was not a\nreading age. Postage was so high as to be an insuperable\nobstacle to any extended circulation.*]- By removing to\nYork, the editor of the Advocate was on the spot, could report the debates, and beard his political adversaries in their\nden. It is hardly necessary to remark that no such system\nas I responsible government\" then obtained. The Ministry\nwas in a minority in the House, but had the Lieutenant-\nGovernor and the Legislative Council at its back. Constantly defeated, the Executive paid no attention to the\n* \"He speedily became noted as a grievance-monger and a hunter-up of abuses in the\nvarious public departments.\"\u2014McMullen, p. 360.\nt This was, no doubt, the moving cause of that dead-set which Mackenzie made against\nthe Post Office department. '\"*\"\u2122N-\"S\"\"\";\"K*S!\"J)N*X'S5\"8\"K\u00ab\"S5r!^^\n\"^\nTEE SCOT IN BRITISE NORTE AMERICA.\n457\nwant of confidence votes of the Assembly. When Mr. (afterwards Dr.) Rolph spoke of Cabinet responsibility to the\nHouse, the Attorney-General, afterward Sir John Beverley\nRobinson, disdained any united responsibility at all*\nDuring this time Mackenzie was engaged in stimulating\nLiberalism at last triumphant in the Assembly; but his paper\nhad not been a success. An effort was made in 1826 to\nsecure him the-moderate grant of \u00a337 16s. currency, for publishing the debates. As it appeared in the Bill of Supply\nwhen passed by the House, the Legislative Council could not\neliminate it; but the Lieutenant-Governor struck out the\nitem with his own pen. The Advocate had been published\nirregularly, and Mackenzie was vacillating in his intentions,\nwhen a sudden act of violence restrained him from going to\nDundas, to Montreal, or the United States. His residence\nand printing office were situated on the north-eastern corner\nof Palace street and Post-office (now Caroline) streets, immediately fronting the bay. On the opposite side- was the resi^-\ndence of Col. Allan, the Police Magistrate, and on the same\nside to the north were the Post-office and the Bank. On the\neighteenth of June, 1826, in broad daylight, a number of\nyoung gentlemen entered the office and set about the destruction of everything in it. Three pages of the paper,, and some\nother work were upon the imposing stones. The face of the\ntype was destroyed, some of it scattered on the floor, some\nthrown into a neighbouring garden, some taken boldly down\nto Allan's wharf and cast into the bay. The press was de-\n* 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\n\u25a0net; 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.\"\u2014Lindsey, p. 67. 458\nTEE SCOT IN BRIT1SE NORTE AMERICA.\nmolished and the stone thrown on the floor. The respectability of those concerned was one bad feature in the case.\nThey appear to have been all of them\u2014there were fifteen\u2014\nyoung men of position, either the sons or subordinate officers\nof men in place. The Inspector-General had two sons engaged in the exploit; there were the son of a Judge, also\nthe son of a magistrate, and the confidential secretary of\nSir Peregrine Maitland, the Lieutanant-Governov, as well as\nothers intimately connected with the family compact. Besides this awkward fact, there can be no doubt that at least\ntwo magistrates were eyewitnesses of all that occurred outside the office; for they were noticed on the street during the\naffair, and certainly saw the type thrown into the bay.\nThis act of violence, committed during Mackenzie's absence from the city, excited greater indignation than had.\nbeen anticipated, and the parties against whom the evidence\nwas clear were at once arrested. The Hon. J. B. Macaulay,\nappeared for the rioters, and made several ineffectual\nattempts to come to a settlement. Mackenzie, when the\nterms were made known, rejected them with scorn.* The\ntruth is that in their endeavour to destroy Mr. Mackenzie's influence, the rioters had added to his popularity, or,asMcMullen\nputs it, made a political martyr of him.*f* Hence their anxiety\nto secure peace at the price of two or three hundred pounds. j:\nSo far as the \" personal calumnies\" were concerned, it is\n* Mr. Macaulay (who, of course, only appeared professionally) urged on behalf of his\nclients, that they had always been willing to pay a reasonable amount of damages, and\nwere 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\nascribed to any malice, political feeling or private animosity ; the personal calumnies \" contained in the Advocate being a sufficient motive.\nt His'.ory, p. 363.\nX See Macaulay's letters in Lindsey, pp. 82 and 84. TEE SCOT IN BRITISE NORTE AMERICA.\n459\nclear that Mr. Mackenzie did not begin them in the columns\nof his paper. On the contrary, in one of the earliest numbers he had said: 1 When I am reduced to personalities, I\nwill bring the Advocaie to a close.\" That he criticized official acts with a freedom and warmth to which the ruling class\nwere unaccustomed, must be admitted. But he was generous\nenough to recognise the good qualities of his opponents,\nand, 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\nhe had used in regard to public acts.* He had quarrelled\nwith Dr. Rolph, because he thought his assaults on the Government too severe; and there is nothing to prove that, if\nhe had been spared those bitter personal attacks, he would\nnot have maintained his policy of moderation and forbearance.\nNo settlement having been arranged in the matter of the\nriot and destruction of printing plant, the trial came off at\nYork, in 1826. It was a civil action, and conducted before\nChief-Justice Campbell, with a special jury. Before proceeding with the case, it seems proper to give a slight biography\nof the judge. Mr. (afterwards Sir) William Campbell was\nborn in Scotland in 1758. He came to America as a noncommissioned officer, or private, in a Highland Regiment to\ntake part in the Revolutionary War, and his career ended\nwith the surrender of Cornwallis, in 1781, when he became a\nprisoner with the rest of the command. In 1783, he retired\n* 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\nlooks, his language, and his actions, I will confess it, I reproached myself for having used\nhim at one time too harshly.\" 460 TEE SCOT IN BRITISE NORTE AMERICA.\nto Nova Scotia, and, having obtained his discharge, devoted\nhimself to the study of the law. After nineteen years' practice, he was appointed Attorney-General of Cape Breton, and\nelected to the Assembly of that Province. In 1811 he\nwas promoted to a puisne judgeship in Upper Canada, and,\nin 1825, upon the retirement of William Dummer Powell,\nbecame Chief-Justice. In 1829 he retired from ill health,\nand was succeeded by the Attorney-General, afterwards Sir\nJ. B. Robinson. On this occasion he received the honour of\nknighthood, and died in 1834, in the seventy-sixth year\nof his age. His funeral was attended by both Houses of\nLegislature, the Bench and the Bar. He-appears to have\nbeen a man of great force of character, sterling integrity,\nand personal worth.*\nTo return to the trial. With the Judge were seated, as\nassociates, two Magistrates, the Hon. William Allan and\nAlexander Macdonell. The evidence, all on one side, proved\nconclusively that the eight defendants had taken part in the\nriot. They were defended by Messrs. Hagerman and Macaulay ; but after being confined for thirty-two hours, the jury\nreturned a verdict for \u00a3625, which was paid not long after\nby subscription. As Mr. Mackenzie himself said : \" This\nverdict re-established the Advocate on a permanent footing.\"\nSo 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\nat once elevated to a prominent place in the sympathies of\n* Scadding, p. 131; Morgan, 238. The former quotes from a work by Dr. Henry, the\nphysician who attended him in his last illness. Finding medicine of no avail, he prescribed\na diet of snipes. \" On this delicate food the poor old gentleman was supported for a couple\nof mouths; but the frost set In, the snipes flew away, and Sir William died.\" \u25a0\u25a0\nTHE SCOT IN BRITISH NORTH AMERICA.\n461\nthe people. Mr. Mackenzie declined to prosecute criminally;\nhe had already been largely a gainer by the violence of his\nopponents, and, no doubt, thought that to appear vindictive\nwould do himself more harm than good. But by a singularly complicated series of prosecutions, seven of them were\nbrought to trial criminally, though distinctly against Mackenzie's wishes. Mr. Francis Collins of the Freeman, was\ncriminally prosecuted for libels upon the Attorney-General.\nIn 1828 Collins retaliated by laying an information against\nthe rioters, who were tried and found guilty; but they escaped with nominal punishment. Then there was a murder\ntrial, 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\nrampart of law books and political authorities; but the trial\nwas first postponed, and afterwards abandoned.*\nIn December, 1827, Mr. Mackenzie appealed to the electors of York (County) as a candidate for election to the\nAssembly.- Mr. James E. Small, who had been one of his\ncounsel in the action against the rioters, was his opponent.\nHe had not been a member of the family compact; but\nrested his claims notwithstanding upon his family influence,\nand 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\nmeet until January, 1829, when that legislative career began\nwhich culminated in the Rebellion. Mackenzie's opponents\n* Collins was not so fortunate; for in October, 1828, he was found guilty, and sentenced\nto a fine of \u00a350 and imprisonment for a year.. 462\nTEE SCOT IN BR1TISE NORTE AMERICA.\nknew well that he would prove a thorn in their sides, and\nsoon discovered that they had made no mistake. He insisted\nupon asking questions,and sifting everything thoroughly. At\nthesamefimehe was exceedingly useful in practical committee work. His report on the Post Office department, especially\nas regards the defective and costly mail service, paved the\nway for extensive postal reforms.* In other important departments he was not less useful; but the party in power,\nwithout denying the practical business talent and energy of\nthe man, were shocked by the persistency with which he\npried into abuses, and disturbed the ease and serenity of\noffice-holders. The position of the Reform majority in the\nAssembly, moreover, was sufficiently galling. They could\npass such measures as were agreeable to them ; but there the\npower of the'House was at an end. Finding th'eir opponents\nin possession, the Government hastened to deprive them of\nthe only machinery by which they could compel acquiescence\nin their policy. In constitutionally governed countries the\ngreat safeguard of popular freedom lies in the power of the\npurse; but, in Upper Canada, the Executive was entirely\nindependent of the Assembly. So far from being in dread\nof so extreme a step as the stoppage of the supplies, it\nwas announced by the Lieutenant-Governor that they need\nnot trouble themselves upon the subject. The territorial\nand casual revenues, together with a permanent grant of\n\u00a32,500, made some years previously, were in the hands of\nthe Government, so that, whether \" a supply were granted\nto His Majesty,\" or not, was a matter of indifference. The\nI Mr. Lindsey (p. 157) gives some valuable information regarding the enormous postal\ncharges of the time, and the wretched agencies employed in carrying the mails. THE SCOT IN BRITISH NORTE AMERICA.\n465\nLegislative Council could be trusted to veto all Bills distasteful to the party in power, and the lower House was\ntherefore entirely helpless. The only protection afforded\nby the Constitution to the popular branch against a combination between the Executive and the upper House, had\nbeen taken away; and, as \"responsible government\" was-\nnot yet established, votes of non-confidence were met with\nsupreme contempt\u2014ignored, in fact, altogether.\nIt was against this unconstitutional procedure that Mr,\nMackenzie and his fellow Reformers struggled with des-\nperate energy. During this Session the member for York\npresented his | budget of grievances,\" formulated in thirty-\none resolutions. So far was he from receiving the support\nof a majority; so far, as Mr. Lindsey points out, were even\nReformers from noting the signs of the times, that the\nresolutions were not even pressed to a division.* During\nthe only two sessions of this Parliament, Mr. Mackenzie displayed unusual ability in all questions touching finance,\nrevenue, banking and currency, and interested himself in\nsuch practical matters as prison reform.\nThe death of George IV. rendered a general election necessary. The House, which had requested Sir John Colbome\nto dismiss his advisers, would probably have been dissolved\nat any rate. The Colonial Secretary had already urged upon the Lieutenant-Governor of Lower Canada \"the necessity\nof cultivating a spirit of conciliation towards the House of\nAssembly,\" and the Executive of the Upper Province read\nthe hand-writing upon the wall. All that was left them\n* Life and Times, p. 157. Three of the Executive Council, out of six, were Scots, John\nStrachan, William Campbell, and James B. Macaulay. Ibid, p. 158, n. 464\nTEE SCOT IN BRIT1SE NORTE AMERICA.\nseemed to be to secure, by hook or crook, a House favourable\nto.their continuance in power; and they succeeded. Mr.\nMackenzie secured his seat for York; but Dr. Baldwin and\nother pr6minent Reformers were left out in the cold. The\nHouse met in January, 1831, and Mr. (afterwards Chief-\n. -Justice) Archibald McLean was elected Speaker by a vote\n\u2022of twenty-six to fourteen. A sort of compromise was\neffected in the matter of supply. The sum of \u00a36,500 sterling\nwas granted in perpetuity to pay the salaries of the Lieutenant-Governor, the Judges, the law officers, and five\nExecutive Councillors; whilst the rest, amounting to \u00a311,000,\nwas surrendered to the House to deal with as it pleased.\nMr. Mackenzie, nothing daunted by the odds against him,\nmoved for a committee of inquiry into the state of the re-\n'presentation. He pointed out that the members for York and\nLanark represented a larger population than fifteen other\nmembers, and that the House swarmed with office-holders.*\nSingularly enough, the Assembly, whose composition he had\nso trenchantly attacked, not only granted the Committee by\ntwenty-eight to eleven, but permitted him' to nominate them.\nIf this concession were made in the hope that Mr. Mackenzie would rest satisfied, that hope was vain. Emboldened\nby this measure of success, he at once opened fire upon the\nmajority. Salaries, fees, pensions, perquisites and- everything that he could hinge a complaint upon, were paraded\nto be assailed in order.\n* McMullen says ; \" It (the state of the representation) could not well be worse. When\nlie rose to address the House, a Collector of Customs sat at his elbow, the Speaker held the\n\u2022office of Clerk of the Peace at Cornwall, six postmasters occupied seats in the Assembly,\n\u2022which also embraced a sheriff, inspectors of tavern and distillery licenses, county registrars\nand a revenue comissioner\" (p. 376). \"A majority of the whole House represented less\nthan a third of the population.\" Lindsey, p. 191. THE SCOT IN BRITISH NORTH AMERICA.\n465.\nThe ruling party could endure it no longer, and the resolution was taken to get rid of him at all hazards. Mr.\nMackenzie had printed, at his own expense, some extra\ncopies of the Journals, and distributed them to outsiders.\nThe appendix had not been sent out with these copies ; had\nit been otherwise, Mr. McNab said he should not have been\nso ready to make it a question of privilege. As it was, a\nresolution was submitted, declaring that the printing and\ndistribution of these copies of the Journals, was a breach of\nthe privileges of the House. This, however, the majority\nwas not prepared to assert; and the motion was lost by\ntwenty to fifteen, and so the matter ended for the time.\nDuring the recess, Mr. Mackenzie aroused the people of\nUpper Canada, and secured twenty-five thousand signatures to a petition to the King in favour of \" responsible\ngovernment\" and representative reform. This he afterwards carried to England.* On the 17th of November,\n1831, 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\nHouse, was voted a \" gross, scandalous and malicious libel\"\non a division of twenty-seven to fifteen. Three days after\nhe was expelled from the House.*f*\nThe expulsion was a grievous error, even as a matter of\npolicy; since, instead of extinguishing the man, it made a\npopular hero of him. He was at once returned again for\nYork, amid the wildest popular enthusiasm, by a vote of one\nhundred and nineteen, against one for Mr. Street, who, an\n* Lindsey, i. 202-4.\n+ The final vote stood\u2014Teas, 24 ; Nays, 15. 466 TEE SCOT IN BR1TISE NORTE AMERICA.\nhour-and-a-half after the poll opened, abandoned the contest.\nMr. Mackenzie was escorted back to York by a triumphal\nprocession, and appeared to take his seat in January, 1832.\nThe first attempt at re-expulsion failed, because the Attorney-General (Hagerman) saw clearly, probably with the case\n\u25a0of John \"Wilkes in mind, that it would be dangerous to carry\nthe motion without alleging some new ground for expulsion.\nAn amendment was therefore carried by twenty-four to\ntwenty to proceed to the orders of the day. But three days\n^fter, the Attorney-General made an article in the Advocate\nof the sixth a pretext for new action, and therefore moved\nbus expulsion, which was carried by twenty-seven to nineteen. It may be added that the motion not merely unseated\nbut disqualified Mr. Mackenzie which was a step utterly indefensible on constitutional grounds. At the next election,\nhe had two opponents, Mr. Small, who professed to disapprove of the Assembly's action, but urged that it would be\nuseless to vote for a candidate who had been declared inelig-\nible; and Mr. Washburn, who approved of the expulsion.\nThe latter retired on the second day, having received only\ntwenty votes; and at the close of the poll the vote stood\nMackenzie 628, Small 96. The House had been prorogued\nhowever, before the election. At Hamilton, Mr. Mackenzie was the victim of a brutal assault, and a York mob\nbroke up a Reform meeting, proceeded in a body to cheer\nthe Governor, and on their return broke the windows of the\nAdvocate office and threatened the life of its proprietor. On\nthis occasion Mr. Mckenzie was compelled to seek safety\nin the country for several weeks. TEE SCOT IN BRITISE NORTE AMERICA.\n467\nIn April, 1832, he went to England to present petitions at\nthe foot of the Throne. While there he seems to have\nthoroughly gained the ear of Lord Grey and of the Whig\nMinistry and party generally. He procured the dismissal of\nboth the Attorney-General and Solicitor-General, the Imperial veto on the Upper Canada Bank Bill, and also caused\na dispatch from the Colonial Secretary which caused a flutter\nin the dove-cote of the family compact. Nor was that all.\nThe Colonial Secretary had repeatedly expressed very decided\nobjections to the coursethe Government had pursued towards\nMr. Mackenzie. Mr. Joseph Hume was the first to bring the\nmatter under Lord Goderich's notice. Yet notwithstanding\nhis remonstrances, Mr. Mackenzie had once more been expelled during his absence in England. Upon the dismissal,\nMr. Jameson received the Attorney-Generalship; he was the\nhusband of a noted writer of considerable literary merit, and\nwas elevated to the Vice-Chancellorship in 1841. Dr. Rolph\nhad been pressed for the other law office ; but he was so obnoxious to the dominant party that no appointment was\nmade. Messrs. Boulton and Hagerman went to England and\nobtained from the new Colonial Secretary, Mr. Stanley (the\nlate Lord Derby), the one a Chief-Justiceship in Newfoundland, and the other restoration to his office of Solicitor-General.\nMr. Mackenzie's absence might have operated against\nhim; but his friends again brought forward his name. This\ntime, in spite of the resolution disqualifying him he was\nre-elected by acclamation. On his return the Clerk refused\nto administer the oath, but the matter was of course dis- 468\nTEE SCOT IN BRITISE NORTE AMERICA.\ncussed in the House. There was something exceedingly illogical in the course of the majority. It was acknowledged\nthat Mr. Mackenzie laboured under no legal disability, and\nyet they asserted the right to create one by simple resolution ; they admitted also the right of the electors of the\nCounty of York to return him and yet claimed the privilege\nof excluding the member they had chosen. In this instance\nthe old resolution afiirming ineligibility was once more\nadopted by a vote of eighteen to fifteen; but the motion for\na new writ was only passed by a majority of one. In\nDecember: 1833, Mr. Mackenzie was again elected without\nopposition. When he presented himself at the bar on this\noccasion he was accompanied by a large body of electors who\ninsisted on seeing that their representative was put in possession of his rights. There was a fracas in consequence,\narising from the circumstance that the Sergeant-at-Arms insisted upon it that Mackenzie was a stranger, and bound to\nretire when the order was given to clear the galleries. The\nofficer tried to eject him by force ; but a stout Highlander\naimed a blow at the Sergeant. It was finally decided that\nMackenzie was a stranger, since he had not taken the oaths,\nand the process of expulsion was again gone through with,\nthe prominent movers on the side of the majority being\nMessrs. McNab, Morris and Donald Fraser, all Scots. The\nvote stood twenty-two to eighteen.\nMr. Mackenzie then addressed the Lieutenant-Governor\nand requested permission to take the oath before him, in\naccordance with a provision in the Constitutional Act. The\nAttorney-General, on being consulted, replied that the oath \u25a0MM\nTEE SCOT IN BRITISE NORTE AMERICA,\n469\nmust be administered, and that no one commissioned for that\npurpose could refuse it, \" since his office was ministerial and\nnot judicial.\"* The oath was taken, but that had, of course,\nno effect upon the House. Mr. Mackenzie then walked into\nthe Chamber and took his seat. The Assembly was in committee, Mr. Donald A. Macdonald occupying the chair. This\ntime (the fifth) he was forcibly expelled; but a motion to\nissue a new writ was lost. As to the illegal and unconstitutional character of these proceedings there can be no doubt;\nand even the active movers afterwards acknowledged their\nmistake.*!\"\nIn March, 1834, the town of York was transformed into\nthe city of Toronto, and Mr. Mackenzie elected first Mayor by\nthe Council. He was also the first Mayor in Upper Canada.\nTo him the city owes its arms, with the three I's as its\nmotto : I Industry, Intelligence, Integrity.\" In this position\nhe displayed characteristic energy. The work of organization was not by any means light, and sagacity and skill\nwere required in arranging the civic finances. During his\nterm Mr. Mackenzie laboured hard for the good of the\ncity and retired amidst the general applause of the people.\nAs Mayor he presided at the police court, and whilst acting\nin this capacity kept the city stocks fairly employed in the\ncase of incorrigible offenders. Meanwhile the county of\nYork had been divided into four ridings, and Mr. Mackenzie\n* Lindsey, p. 297.\nt \u00a7 The whole of the proceedings relating to these expulsions were expunged from the\nJournals of the Assembly, being declared to be subversive of the rights of the whole body\nof 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,\n^nd voted to expunge his own resolutions. Lindsey, p. 310. 470 TEE SCOT IN BRITISE NORTE AMERICA.\nwas returned for the second by a vote of nearly two to one.\nAt the general election the Reform party once more secured\na majority, and Mr. Bidwell again became Speaker. The\nAssembly, instead of re-echoing the Speech from the Throne\ngave his Excellency in its Address, a tolerably free expression\nof opinion on the acts of the Government. It was during\nthis session that a select committee obtained by Mr. Mackenzie -made the celebrated Seventh Report on Grievances. In\nthis document everything relating to public affairs from\nthe questions of | Responsible Government\" and the Clergy\nReserves, down to the smallest details touching fees and\npensions, was enumerated. In fact it was the Reform manifesto on the eve of an armed insurrection.\nIn his instructions to the new Governor, Sir Francis Bond\nHead (December, 1835), Lord Glenelg in effect replied to the\nGrievance Report. Into the details it is not necessary to\nenter here; it may suffice to remark that the Colonial\nSecretary deprecated the threat to stop the supplies, and\ntrusted that \" it would not be made good unless in a case\nof extreme emergency.\" In the body of the document appear some grounds urged in extenuation of the Government,\nand a mild promise that some of the matters complained of\nwould be remedied. The clamour for executive responsibility he avoided rather than met.\nThe appointment of so inexperienced a man as Sir Francis\nHead was one of those freaks which seem almost inexplicable. Probably, as Mr. McMullen suggests, he was sent as\na supposed Liberal, to reconcile the Upper Canadian malcontents. * He himself professed to take his cue from the\n* History, p. 431 TEE SC01 IN BRITISE NORTE AMERICA. 471\nGrievance Report; how far he did so will appear in the sequel. At all events he was totally unfit for the position, as\nhe himself admitted afterwards.* He had been a major in\nthe army, and was, at the time of his appointment, Assistant\nPoor Law Commissioner for the County of Kent. Such was\nthe ruler despatched to Toronto at a perilous crisis. Parliament met soon after the new Governor's arrival, and the\nAddress from the Assembly rather sharply criticized the\nSpeech from the Throne. Still Sir Francis began well. His\nnomination of Messrs. Dunn, Baldwin and Rolph, the last\ntwo prominent Reformers, to the Executive Council, was\nhailed with a satisfaction too lively to be permanent. In\nless than a fortnight the whole Council resigned. Ministers\ncomplained that they were held responsible to the people\nfor measures of which they disapproved; whilst the Gov -\nernor contended that he alone was responsible. *f* A new\nCouncil of four was immediately constituted; but the House\nat once expressed \"their entire want of confidence\" in its\nmembers, and expressed regret at His Excellency's course.\nThe Governor was at once upon his high horse, and believing it his mission to battle with the \" low-bred antagonist,\ndemocracy,\" resolved to withstand persistently \" the fatal\npolicy of concession.\" He appealed to the people by proclamation, replied to addresses, and virtually \" stumped\" the\nProvince as the avowed antagonist of Mr. Mackenzie. There\ncan be little doubt that the intelligent members of the party\n* He admitted that he \"was really grossly ignorant of anything that in any way related\nto the government of our colonies.\" Lindsey, p. 355, n.\nf \"The Lieutenant-Governor maintains,\" said he, \" that responsibility to the people, who\nare already represented in the House of Assembly, is unconstitutional; that it is the duty\nof the Council to serve him, not them.\" For this he was rebuked by the Colonial Secretary. Lindsey, p. 363.\nI fl 472\nTEE SCOT IN BR1TISE NORTE AMERICA.\nwhose cause Sir Francis had called his own, disapproved of\nhis headlong course; but they were bound to support him\nat all hazards. He denounced Mr. Baldwin, in a dispatch\nto 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,\nand so ingeniously did he conduct the campaign that, at the\ngeneral election, an Assembly was secured after his own\nheart. Mackenzie and other Reform leaders lost their seats.\nTo him the blow was a severe one, and its immediate result\nwas a dangerous illness.\nIn July, 1836, he issued the first number of a paper called\nThe Constitution. The period of despair had set in, and the\nbaffled editor at once struck a new vein. It was clear that\nwith a Governor who could boldly issue an election manifesto, in which he advised the people not to quarrel with\ntheir \" bread and butter,\"* and proclaimed that his character\nand the public interest were \" embarked in one and the same\nboat;\" and with a system of election obtaining, under which\nvotes were manufactured unblushingly, and known Reformers disfranchised by partizan returning officers on the most\nfrivolous pretences, there was little hope of success by constitutional means. Still, the Opposition made an appeal to\nthe 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\nresolved, for the present, to keep him at his post. The\nAssembly soon found that the Reform agitation was seri-\n* Hence the new House of 1836 received the name of \"The Bread and Butter Parliament.\" TEE SCOT IN BRITISE NORTH AMERICA. 473\nously affecting its popularity, and yet there was some\ndanger that the period of its existence would be suddenly\ncut short by the death of King William IY. A Bill was\npassed, therefore, to prevent a dissolution in the event of a\ndemise of the Crown. The session terminated on the 4th\nof March, 1837, without any premonition of approaching\ntrouble being evidenced in the Governor's Speech. Mr.\nMackenzie certainly did not, at that time, contemplate extreme measures, for in the same month he went to New\nYork, purchased several thousand volume's of books, and\nnew I plant\" for his printing office. *\nIt is clear that no insurrectionary movement would have\nbeen attempted in Upper Canada, had not Papineau, Nelson,\nand their coadjutors in the Lower Province taken the initiative. The leaders there boldly advocated colonial independ-\nance, made an appeal to arms, and solicited assistance from the\nUnited States. Mr. Mackenzie and his friends were soon\ndrawn into the vortex. Their rage and chagrin at the unconstitutional conduct of Sir Francis Head, at the sinister\nmeans by which the late elections had been carried, and at\nthe apparent hopelessness of attempting a reform by constitutional agencies drove them to desperation. The attempt\nat rebellion was as weak as it was wicked ; yet at the time it\nprobably appeared to be otherwise to Mr. Mackenzie. He\ncontemplated a revolution with that sanguine impulsiveness\nwhich always characterized him. And, after all, the burden\nof responsibility for that futile outbreak must rest upon the\nshoulders of the Lieutenant-Governor, f His extravagant\nI Lindsey, i. 401.\nt \" In short,\" says Mr. McMullen, \"he (Sir Francis) sowed the wind, by exciting the\npassions of the masses, and reaped the whirlwind in the petty rebellion, of which he must 474 THE SCOT IN BRITISH NORTH AMERICA.\nlanguage, his arbitrary acts, his undisguised interference with\nthe freedom of election, his sublime self-confidence, taken\ntogether, stamp him as at once the rashest, most violent, and\nyet the feeblest and most incompetent representative the\nCrown ever had in British North America. To the last\nmoment so little prescience did he possess, that he ridiculed\nthe idea of an armed insurrection. In order to show at once\nhis confidence and his ignorance, when tidings of impending\ntroubles reached him, he despatched every regular soldier\nto 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\nfind him with his lamp gone out, and without oil with which\nto kindle it anew. At this time he was at daggers drawn\nwith the Colonial Office, whose mandates and remonstrances\nhe treated with a contempt by no means silent.\nIn August, 1837, a manifesto appeared in the Constitution,\namounting, as Mr. Lindsey observes, to a declaration of inde-\npendence.*f* It is a curious fact that Dr. Morrison and Dr.\nRolph,both members of the House, demurred to attaching their\nnames to this document on account of their public position.\nTo this Mr. James Lesslie, afterwards proprietor of the Examiner, a Scot, demurred, and ultimately Dr. Morrison's\nname appeared as chairman of the committee. Then commenced a popular agitation of rather a boisterous and infiam-\nforever stand convicted as the chief promoter. Had he taken time to acquire a just\nknowledge of the condition of the country\u2014had he acted with calm and Impartial wisdom,\npresuming that knowledge to have been acquired, Upper Canada would not have known\nthe stigma of even partial rebellion.\" History, p. 439.\n* Yet when he discovered that he had failed to discern the signs of the times, and that\nrebellion had actually commenced, he placed his family and all his effects on board a\nsteamer, which was moored out In the harbour, at a safe distance from shore.\nt The document may be seen entire In Life and Times, vol. li., Appendix D., p. 334 THE SCOT IN BRITISH NORTH AMERICA\n475\nmatory character. Often the meetings were disturbed by the\nopposite party, and scenes of riot and confusion resulted\nMeanwhile Mr. Mackenzie added fuel to the flame by incendiary articles, and attempted a coup by instigating the farmers\nto make a run on the Bank of Upper Canada, the main-stay\nof the Government* The attempt, however, failed, although\ntwo other banks found it necessary to close their doors\nand Sir Francis Head was compelled to call the Legislature\nto pass a measure of relief. Of course so soon as the rebellion broke out, specie payments were suspended altogether.\nAll this time a secret movement in the direction of armed\nresistance was in progress. Early in November, fifteen hundred had subscribed their names as volunteers, and there\nwere weekly drills. After considerable vacillation, on the\n18th November, a plan of attack was decided upon. After\nthe withdrawal of the troops, no less than four thousand\nstand of arms were left unprotected. The Governor, who\nmight 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\narms. The rendezvous was fixed at Montgomery's tavern on\nYonge Street, about four miles north of the city, at a little\nhamlet now known as Eglinton. It was expected that at\nleast .four thousand men would be present at the appointed\ntime, and, with prompt action, the capture of the city might\neasily have been accomplished in an hour. But the plans of\nthe rebels were disarranged by a divided headship. The.attack had been appointed for the 7th, but Dr. Rolph appears\n* This was adroitly tided over by the device of paying all comers In silver which was counted\nout; while the friends of the bank mingled with the crowd and also demanded specie, which\nwas sent back in wheelbarrows at night. 476 THE SCOT IN BRITISH NORTH AMERICA.\nto have changed the date to the 4th. The consequence was\nthat there was nothing for it but to make the best of a bad\njob. In addition to this, the plans of the conspirators had\nleaked out, so that a surprise was no longer possible.\n\"Van Egmond,a retired soldier from the army of Napoleonic\nhad been appointed I generalissimo of the insurgent forces,\"\nand, under his direction, the movement began. Mackenzie,\nwith five followers, were out to reconnoitre when they met\nAlderman Powell and Archibald Macdonnell, who were acting as a mounted patrol. The rebel leader informed them of\nthe insurrection, and also of the fact that they must consider\nthemselves prisoners. Leaving them in the hands of two of\nhis party to be conducted to the hotel, Mackenzie proceeded.\nPowell at once shot his captor dead and escaped to the city,\nin order to arouse the Governor and the citizens. When\n\u25a0the leader returned to the hotel he found that Colonel\nMoodie,* who was hastening to reach the city to place his\nservices at the disposal of the Government, had persisted in\nforcing his way through the rebels, and had been shot down.\nFurther delays occurred, and finally, for the purpose of giving the volunteers, who were expected, time to arrive, a flag\nof truce was sent out to the rebels, nominally to ascertain\nwhat they wanted. The time was auspicious, for the death\nof Anderson, Powell's victim, had cast a damper upon the\nrebels, and they were entirely dispirited. The Governor sent\nwith the flag of truce Dr. Rolph and Mr. Robert Baldwin,\ntwo men who, he naturally thought, would exert consider-\n* 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\nRyan, who, after enduring terrible suffering from cold and hunger on the shores of Lake\nHuron, mar. aged to escape to the United States. THE SCOT IN BRITISE NORTE AMERICA. 477\nable influence over the insurgents. In reply to the main query\npropounded, Mackenzie replied that they wanted independence* A second flag of truce met the insurrectionary party\non their way to the city, and delivered their message, which\nwas simply a refusal of the rebel-demands. Further advance\nwas delayed until six o'clock, when the forward movement\nwas 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\neffect of their fire, and a panic seized the rebels. The majority\nof them, in spite of the vigorous efforts of Mackenzie and\nLount, returned to their homes. Two hundred more arrived\nduring the night; but the force now numbered only four-\nhundred and fifty, and the golden opportunity had been\nlost. Dr. Rolph at once fled to the States to avoid arrest,,\nas the loyal volunteers were pouring into the city.\nEarly on Thursday, when an attack was expected from\nthe Government force, Yan Egmond arrived, and, after detaching a small force to seize the Montreal mail and burn\nthe Don Bridge, settled upon a plan. In the hope that, at\nnight, large reinforcements would come in, it was resolved to-\nstand upon the defensive for the present. The parties met\nnear Montgomery's. The main body of the loyalists was\ncommanded by Sir Allan McNab; Colonel Jarvis had the\nright and Colonel Chisholm and Judge McLean the left-\nThe conflict was sharp and decisive; and the rebels, although\nthey fought gallantly, were put to flight, after losing thirty-\n*It is not necessary to enter into the much disputed question whether Dr. Rolph, on this-\nor a subsequent occasion, advised the rebel leaders to come at once Into the city. All the\nparties concerned are long since dead, and therefore no useful purpose can be served by reopening the controversy. 478 TEE SCOT IN BRITISE NORTE AMERICA.\nsix killed .and fourteen wounded. The other side had only\nthree wounded. So ended the Battle of Callow's Hill.\nMackenzie fled, and a reward of \u00a31,000 was at once offered\nfor his capture. The account of his escape to the United\nStates is romantic enough* The fidelity with which\neven political opponents who had given their hospitality\nto a hunted fugitive, and the ingenuity exhibited in\nbaffling the search, as he passed through a country\nswarming with armed men in quest of him and of the\nreward, make up an interesting episode.\"]* After wandering for several weeks, with some hair-breadth escapes\nI 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\nthat constitutional agitation was of no avail, he had engaged\nin an abortive insurrection, for which, perhaps, some defence\nmight be offered. But when he initiated, in the United\nStates, a plan of invasion, there is no apology to urge, save\nthe natural exasperation and pertinacity of the man. Dr.\nRolph, Mackenzie, and others formed themselves into an\n\u2022executive committee, held public meetings, and freely offered\nland and other loot to any one who would join them in the\n\u25a0attack upon the Province. Van Rensselaer, a son of an\nGeneral, was made commander-in-chief, \" a worthless scamp,\"\n\u25a0as McMullen terms him.\n* See Lindsey, vol. ii. pp. 102-122, where the narrative is given from Mr. Mackenzie's own\n\u2022pen.\nt In what is now the County of Wentworth, the High Sheriff Macdonell, with a posse,\nsearched the house from top to bottom, as well as the out-buildings, \" and I the while,\"\n\u25a0writes Mackenzie, \" quietly looking on. When I lived In William Street, some years ago, he\n\u2022called on me, and we had a hearty laugh over his Ineffectual exertions to catch a rebel in\n1837.\" THE SCOT IN BRITISH NORTE AMERICA.\nThe residuum of Buffalo freely enlisted in the service of\nthe patriots, and Navy Island, in the Niagara river, about\ntwo miles above the Falls, was at once seized by the party.\nA Provisional Government of Upper Canada, easily improvised, followed the example of most bodies of the sort in the\nissue of paper promises to pay. * Having established themselves there, it was soon found that little or no support was\nforthcoming from the Province. The exiles were the only\nCanadians who cared to embark in the enterprise which was\nto free their country. The rebels had some twenty-four\npieces of artillery, of what calibre does not appear, and Van\nRensselaer kept them pounding away upon the farm houses\nwith little or no effect. About six hundred men were upon\nthe island ; but no attempt was made to cross to the mainland. Cols. Cameron and McNab arrived on the scene, and\ncommenced a desultory fire, but only one man on the island\nwas killed.\nThen followed the episode of the Caroline, a steamer\nemployed by the rebels to convey men and stores to the\nisland. On the 28th of December, 1837, she was moored\nto the wharf at Fort Schlosser, when Col. (Sir A.) McNab and Lieut. Drew, R. N., with a party which had gone\nover in boats, seized and fired the vessel, and sent her\nadrift down the rapids. *f* The destruction of the vessel in\nAmerican waters, naturally caused excitement in the United States, and some angry diplomatic words passed in con-\n* An engraving of one of these notes is given in Lindsey. vol. ii. p. 48.\nt Many fancy pictures have been drawn of the Caroline passing all aflame over the Falls;\nbut it would appear that she went to pieces, and was lost to sight long before the\nabyss was reached. The smoke-pipe, it is said, was distinctly visible at the bottom a few\nyears ago !\nI\n480\nTEE SCOT IN BRITISE NORTE AMERICA\nsequence. That it was a breach of neutrality there can\nbe no doubt; and, in 1842, Lord Ashburton expressed the\nregret of Her Majesty's Government at its commission.\nEarly in January, 1838, finding the island untenable, in the\nface 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\nSutherland, on Amherstburg,* and others from lake ports,\nall of which failed, and the rebellion was at an end.\nMeanwhile Sir George Arthur was appointed to succeed\nSir Francis Head, and the trials of the many prisoners arrested were proceeded with.*f* It is not necessary to go into\ndetails here. Lount and Matthews were executed, and a large\nnumber of their adherents punished by imprisonment and\ntransportation. Mackenzie's troubles were not yet over, indeed they were only beginning. When Van Buren became\nPresident, he was arrested at Rochester for a breach of the\nneutrality laws, and sentenced to thirteen months' imprisonment in the County jail. His property in Upper Canada had,\nof course, been .confiscated, and now he himself, a ruined\nman, was kept in close confinement in a foreign land, penniless and an exile. During the term of his incarceration, his\nmother, who had attained the age of ninety years, breathed\nher last, and it was with the greatest difficulty that he suc-\n* Amongst those who were lost to the public service by the assaults of these foreign\nmarauders, there was no more promising officer than Col. John Maltland, C.B., a son of the\nEarl 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\nPoint Pelee Island, in March, 1838. During the march, and from exposure on the island,\nhowever, he caught a cold which carried him prematurely to his grave. He had previously\nserved In Spain and Portugal, and was deeply beloved by his men.\nt A list of these men, with the result in each case, will be found in Lindsey, vol. ii.( p.\n373, Appendix I. The proportion of Scotsmen is smaller than might have been anticipated. TEE SCOT IN BRITISE NORTE AMERICA. 481\nceeded in securing, \" by stratagem,\" an opportunity of seeing her before she died. In October, 1839, he was shot at\nthrough the bars of the cell, by some one whose identity\nwas never established.* On. the 10th of May, 1840,\nhe was released from prison, and once more came face to face\nwith the world. It is scarcely necessary to dwell upon the\nlife of Mr. Mackenzie while in exile. His sufferings were\ncertainly trying, and, for some time, he could hardly find\nbread for his wife and children. Early in 1849, an Act of\ngeneral amnesty was passed, and the ex-rebel could once\nmore return to Canada.-f* Six years before, a comprehensive\namnesty had been proclaimed; but although Papineau and\nRolph were included, Mackenzie was still left an outlaw. In\nMarch he visited Montreal, where an untoward encounter\ntook place between him and Col. Prince, in the Parliamentary\nlibrary. The bluff old Colonel was somewhat irascible, and\nafterwards regretted that he had acted on the impulse of\nthe moment. \\ Mackenzie then repaired to Toronto, where\na mob burned him and Messrs. Baldwin and Lafontaine in\neffigy, and broke the windows of a relative with whom he\nwas staying. In May, 1850, he finally settled with his\nfamily, and took up his permanent residence at Toronto. In\nApril, 1851, he was elected for Haldimand, defeating the\nlate Senator Brown, who was the Government candidate,\n* All that was known seems to be that \" a tall, stout man, with a dog, dressed like a\nsportsman, had been seen beyond the mill-race.\"\u2014Lindsey, vol. ii., p. 287.\nt It was at this time that he wrote to Earl Grey, entirely abjuring republicanism, and\nfrankly confessing that had he succeeded in 1837, \"that success would have deeply injured\nthe people of Canada.\" Lindsey ii., 291.\nJ The late Mr. Sandfield Macdonald subsequently took him up to the Library, for which\nact of courtesy he was called to account by his Glengarry constituents. His reply, which\nfully satisfied the objectors, took the form of a question, \"Do you think I would see an\nEnglishman kick a Scotchman, and not interfere?\" 482 TEE SCOT IN BRITISE NORTE AMERICA.\nand Mr. McKinnon, a Conservative. He sat in the House\nfor 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.\nDuring the later years of his life he published, somewhat\nfitfully, a weekly newspaper, called Mackenzie's Message,\nTo the last he was a busy, earnest worker, as he had always\nbeen. His political admirers presented the family with a\nhomestead; but Mackenzie died, as he had lived, a poor\nman. Throughout his second political career, he was an\nultra-Reformer, one might almost say an irreconcilable. Although he had seen enough of republicanism to dislike it,\nhe remained a Radical to the last. Had he been so disposed,\nhe might have taken office in the short-lived Brown-Dorion\nadministration; 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\nhave been, he was beyond question an honest, warm-hearted\nand 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\nmade even those he opposed most strenuously his warmest\npersonal friends.* The later years of his life fall without\nthe period under consideration. During these years he suffered severely from pecuniary difficulties, and his buoyant\nspirits and the almost youthful sprightliness and activity of\n* 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\nthe Attorney-General East that they had both been rebels in 1837, but that the Government\nhad shown its estimate of their comparative worth by setting a price upon his head of\n\u00a31,000, whilst Mr. Cartier's was only valued at \u00a3300. In reading the proclamation he\namused the House by beginning \"Victoria Rex.\" TEE SCOT IN BRIT1SE NORTE AMERICA. 483\nhis nature gave way. When taken ill, he refused food and\nstimulants, and paid no attention to medical advice, and on\nthe 28th of August, 1861, his troublous life came to a close.\nIn looking back upon a career so unfruitful on the surface,\nand so unprofitable to him, the natural verdict will be that\nit was a failure. Still when it is considered that he was the\npioneer of reform, the first who formulated distinctly the\nprinciple of responsible government, among the first to advocate a confederation of the Provinces, and, above all\nothers, 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\nenjoy 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.\nWhen he again re-entered politics, the battle had been won,\nand others had reaped the reward. With all his faults, and\nhe had many, no man has figured upon the political stage in\nCanada whose memory should be held in warmer esteem\nthan William Lyon Mackenzie.\nTo resume the thread of tbe narrative in chronological\norder. It has been stated that the Navy Island fiasco was-\nnot the last attempt at insurrection; but the isolated efforts\nwhich followed usually took the form of invasion. The\nHunters' Lodges along the American frontier busied themselves with expeditions which were simply piratical. Into\nthe details of these futile raids it is unnecessary to enter; it\nwill suffice to mention simply the assaults j upon Prescott\nand Sandwich from Ogdensburg and Detroit respectively.*\n* 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\nTHE SCOT IN BRITISH NORTH AMERICA.\nMeanwhile, Sir Francis Head had been recalled, and Sir\nGeorge Arthur reigned in his stead. He was in every sense\n& better ruler than his predecessor, but only held office for\n& brief time, and gave place to Mr. C. Poulett Thompson\n(Lord Sydenham) at the Union. The appointment of Lord\nDurham as High Commissioner marks a turning-point in\nthe constitutional struggle. After a tour through the Provinces, the noble Earl drafted his famous Report, bearing\n\u2022date January 31st, 1839, returned home without leave, disappointed at the want of support he had received from the\nColonial office, and died in 1840.* The concluding pages\n\u2022of his Report contain the recommendations made by the\nEarl for the future government of the Canadas. The High\n\u2022Commissioner preferred a Legislative Union of all the B.\nN. A. Provinces; but as a preliminary step suggested the\nunion of Upper and Lower Canada. Although, however,\nthe Earl's scheme seemed promising, the reasons by which\nhe enforced its propriety were not cogent or far-seeing. His\nnotion apparently was that the French element would be\nswamped by the measure, and \" that the surplus revenue of\nLower Canada would supply the deficiency, on that part, of\nthe Upper Province.\"*}* On the other hand, Lord Durham\nexhibited a catholic liberality of view in treating of constitutional questions generally, which must have alarmed\n\"both the rulers here and the Conservative Whigs at Home.\nHe proposed a radical change in the constitution of the\nmary justice executed upon the raiders by Col. Prince. \" I ordered them to be shot,\"\nhe wrote, \" and they were shot accordingly.\"\n* The edition of the Report before us, containing 142 closely printed pages, was printed\nat Toronto, by Robert Stanton, in 1839. The Upper Canadian portion will be found\nin pp. 64-82.\nt Page 132. THE SCOT IN BRITISE NORTE AMERICA.\n485\nUpper House; that all the revenues, except those derived\nfrom the Crown lands, \" should at once be given up to the\nunited Legislature;\" that the independence of the judges\nshould be secured; that the Clergy Reserves should be disposed of; and finally, that \u00a7 the responsibility to the Legislature of all officers, except the Governor and his secretary,\nshould be secured by every means known to the British Constitution.\" The Governor should be instructed \" that he must\ncarry on the government by heads of departments in whom\nthe united Legislature shall repose confidence; and that he\nmust look for no support in any contest with the Legislature, except on points involving strictly Imperial interests.\"*\nNow, had these concessions been only made three years before, there would have been no rebellion; and it may safely\nbe affirmed likewise that, but for the Rebellion, responsible\ngovernment' would not even now have been granted. At the\nsame time that, of itself, is no justification for the abortive\nuprising in 1837; since it had never had a prospect of success, and came at last to be merely an outlet for the unruly\npassions of marauders from the other side. All one can\nsafely affirm is that good was evolved from evil.\nThe Home Government did not accept Lord Durham's\nscheme in its entirety. Even pronounced Liberals, like\nLord John Russell, rejected the notion of responsible government, as untenable and chimerical. Still, though in a\nhazy form, the system was acknowledged, yet not with the\nperemptoriness desired by the High Commissioner. The\nProvinces severed in 1791 were re-united by the Act of 1840,\nii\n' Report, pp. 138-2.\nK 486 TEE SCOT IN BRIT1SE NORTE AMERICA.\nand Lord Sydenham became the first Governor-GeneraL\nIt is not difficult to lay one's finger now upon the weak spots\nin the Act of Union. The great object which Lord Durham\nand the Home Government proposed to themselves was the\nswamping of the French population, by giving both Provinces an equality in the representation, notwithstanding the\nobvious injustice to Lower Canada involved in that arrangement. The French protested against the measure in vain ;.\nbut there was a nemesis at the heels of the promoters of it 'r\nwhich, while it did not overtake them, fell upon the state'\nin after years. The sins of the fathers were visited upon the\nchildren, as will be seen hereafter.\nIt now becomes necessary to turn to the affairs of Lower\nCanada from the conclusion of the war until the Union of\n1841. No sooner had the international conflict come to an\nend, than discontent once more manifested itself in the Province. The great bone of contention here was the supplies.\nIt mattered very little whether the Legislature voted then*\nor not. The Government collected the money, and used it\nfreely with the consent of the House, if possible; if not*-\nwithout it. The French population cared very little at\nthat time for abstract theories of government; but they saw\nclearly the importance of securing the power of the purse.\nSir Gordon Drummond had, for a short time, held the post of\nAdministrator of the Government; but in 1816 he was-\nsuperseded by a regular Lieutenant-Governor in the person\nof Sir John Cope Sherbrooke.* This officer appears to have\n* 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.\nepisode in the general course of affairs. ^*^^^^^M^^^^^^w^v^\"w^^^^^^y)y\nTHE SCOT IN BRITISH NORTH AMERICA.\n487\nbeen sincerely desirous of conciliating the French population,\nand succeeded fairly well in his object. At that time the\nProvincial revenues werein a most unsatisfactory state. There\nwere three sources of income, the Crown duties, levied under\nImperial 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\ncontrol or made permanent by Imperial statute. Evidently\nunder such a system, the control of the people's representatives over the revenue was practically no control at all. It\nwas, therefore, about this point that the battle raged as will\nappear in the sequel.\nMeanwhile we may call attention to two distinguished\nmen who occupied conspicuous positions in public estimation at this time. Mr. James (afterwards Sir J.) Stuart was\nthe son of the Rev. Dr. Stuart, who has been called the\nfounder of the English Church in Upper Canada. The\nfuture rector's father was a strict Presbyterian, and had\nsettled in Pennsylvania. After some scruples Mr. Andrew\nStuart consented to his son's ardent desire to enter the\nEpiscopal ministry, and he was ordained in 1770. James\nStuart was born in the Province of Ne w Yorkin 1780. After\nstudying at Windsor College, N. S., he entered the law office\nof Mr. Reid, and studied law for four years. He subsequently completed his term with Jonathan Sewell, afterwards\nChief Justice, and was called to the bar in 1801. In 1805\nhe became Solicitor General of the Province, and, in 1808\nwas returned for two constituencies, but elected to sit for the\ncounty of Montreal. Mr. Stuart was a champion of the\nEnglish party. He used all his eloquence against Chief \u25a0488\nTHE SCOT IN BRITISH NORTH AMERICA.\nIll\n\u2022Justice Sewell, and yet at the last was abandoned by his\nparty* Finding himself, on a division of twenty-two to\nten, in the minority, he retired for five years from political\nlife. In 1822, he was sent to England to urge the re-union\nof the Provinces, and while there was offered the post of\n-Attorney-General which he accepted. In 1827 he became\n\u2022an Executive Councillor, but was suspended in 1831 by\nLord Aylmer for the part he had taken in the political conflicts of the time. He subsequently received from Mr. Stanley\n(the late Earl of Derby) an acknowledgment of the injustice\ndone him, accompanied by an offer of the Chief-Justiceship\nof Newfoundland. This he declined, and resumed his practice. In 1838, the Earl of Durham made him Chief-Justice\nof Lower Canada in the place of Sewell, retired.*}* His services\nto the Government, however, were not yet concluded; Under\nSir John Colborne, he was chairman of the Special Council\nof Lower Canada, and rendered essential service to the Governor by drafting the Ufiion Act between the Provinces.\nIn 1840, he was created a baronet, choosing as his motto\nwhat has been called an epitome of his character\u2014| Justitise\net propositi tenax.\" Sir James died in 1853, universally\nrespected. He was a man of singular ability, rare eloquence,\nand extended usefulness, and, after all his political reverses,\nwas spared to see the scheme he had devised carried, under\nhisdone his best, and failed from no fault of his own. He threw\nup the ungrateful and unpromising task in 1830, and was\nsucceded by Lord Aylmer. On his return to England, Sir\nJames was appointed Master-General of the Ordnance, and\n.-sworn in a Privy Councillor. His last military promotion\nbore date 7th of August, 1846, and he died in London in\nDecember, 1855,'at the mature age of ninety years. So far\nas Canada is concerned, Sir James Kempt's acts speak for\nthemselves. He had reinstated magistrates and militia\nofficers who had been dismissed for party reasons; he endeavoured to secure for his Executive Council a broader\n\"basis by introducing members who possessed the confidence\nof the majority, and urged the judges, who were members of\nthat body, to retire from the Legislative Council. There\ncan be little doubt that when he retired, it was with the\ngeneral regret of the majority of those over whom he had\nruled. The time was out of joint, and notwithstanding all\nthe Governor's tact and conciliatory temper, his efforts were\nin vain. The fault, however, was not his; and if he failed\nit was not because he did not deserve success. As Christie 498\nTEE SCOT IN BRITISE NORTE AMERICA.\nsays, he plainly saw that success was impossible | from the\nultra expectations of the party he courted.\"*\nIn 1830, Lord Aylmer, of Balrath, succeeded Sir James\nKempt, and pursued the same policy of conciliation in vain.\nAt the beginning of the Session the Governor announced\nthat the Imperial Government intended to surrender the control of Crown revenues to the amount of \u00a338,000, on the\ncondition that a civil list of \u00a319,000 should be guaranteed I\nthe casual and territorial revenues, however, were still reserved. At this time they were estimated at a little over\n\u00a311,000. The Assembly, however, was not to be conciliated;\nthey 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-\nwere surrendered for educational purposes; and an improved\nsystem of Crown lands management was inaugurated. But all\nto no purpose. The Assembly would be content with\nnothing short of absolute submission on the part of the\nImperial Government. Its object evidently was to obtain\ncontrol, not only over the Executive Council, but over the\nJudges and the Governor himself. A demand was put\n* \" 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\ncourtesy, not to call it hypocrisy, than of cordiality. Distrust lay at the bottom, neither of\nthem, as there is reason to believe, having faith In the professions or sincerity, of the other,\nnot that there was any want of candour or frankness in the administrator, for both were-\ncharacterlstlc of him, but that he had to perform a part in a drama he must have disliked,\nfeeling that neither success nor gratitude would attend his labours.'' Christie, vol. iii.\np. 287-8. Of course the historian's position as a British Conservative must he taken into\naccount here.\nt Amongst the members of the Upper House at this time we find the name of Bishop\nStuart, the fifth sou of the Earl of Galloway, born In Wlgtonshlre, Scotland, who was-\nSpeaker, Roderick Mackenzie, C. W. Grant, James Kerr, Matthew Bell, John Forsyth amll\nJohn Stewart; Christie, iii., 303. 5^S\"SSS\u00a7K\u00a753SSSSS\nTEE,SCOT IN BRITISH NORTH AMERICA. 499-\nforth that the Legislative Council should be elective. In\nshort, nothing would satisfy the majority but the wildest\nform of democratic rule. The civil list was placed on a\nvery moderate footing; yet the House refused to grant it.\nIn 1833, the Supply Bill was \u00a37,000 short of the necessary\namount. Riots occurred in the streets of Montreal, and all\nthe symptoms of a popular outbreak appeared. In 1834, the\ncelebrated \"ninety-two resolutions\" were passed by a committee and sent in the form of a petition to England.* At\nthe close of the session this year, Lord Aylmer complained of\nthe parsimony of the House, and stated that the judges and\nother Crown officers had suffered severely from the course\nit had chosen to adopt. No Supply Bill had been passed\nfor two sessions, and the Governor had been compelled to\nmake advances from the military chest.\nThe Assembly at once showed its disposition by voting\nthat Lord Aylmer's censures should be expunged from the\njournals of the House. On his part, the Governor refused to\npay the expenses of the House, and as the majority had for\nthe first time voted payment to themselves, the breach\nwas widened. Lord Glenelg, Colonial Secretary, offered to\nsurrender all the revenues if the Assembly would vote a.\ncivil list for at least ten years. He stated that the Home\nGovernment would not inteJjjire in the local affairs of the\nProvince, yet, at the same time, declared that it would not-\nconsent to make the Legislative Council elective. The\nAssembly continued its opposition, and affairs were brought,\nto a dead-lock.\n* Mr. McMullen attributes their authorship to Papineau; but it is generally understood,\nthat Mr. Morln drafted them. 500\nTEE SCOT IN BRITISE NORTE AMERICA.\nA commission of inquiry was sent out, and, on its report,\nLord John Russell founded ten resolutions in 1837. The\nAssembly 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 \u00a3142,000 out of\nthe moneys in the hands of the Receiver-General to meet\nthe arrears of the civil list. Against this proposal Lord\nBrougham, in the Lords, and Mr. Roebuck, the Lower Canadian agent, in the Commons, vehemently protested. They\nassured Parliament that the effect would be a rebellion and\nperhaps war with the United States. Lord J. Russell declared that he had no fear for the future; that he did not\npropose any sequestration of Provincial funds for Imperial\npurposes, but simply as a matter of justice to the servants\nof the Crown in the Province ; and that, as a matter of fact,\nthe French Canadians had no grievances. He had always\nobjected to responsible government in the colonies, because\nthe executive there occupied a different position altogether\nfrom that of a Cabinet in England. In his view the Governor of Lower Canada did not occupy the same position as\na monarch of Great Britain. He was responsible to the\nCrown, and received instructions for his guidance it was imperative upon him to obey, whatever view the Colonial\nAssembly might take of them. The weakness of this protest against what the Colonial Secretary termed J double\nresponsibility,\" is more evident to us than it was in 1837.\nWe know that under the system now prevailing, the substance, and not the forms merely, of the British constitution\nmay be secured without any conflict of responsibilities. The THE SCOT IN BRITISE NORTE AMERICA.\n501\nGovernor, with us, occupies the position of the monarch at\nhome; and there never was any promise of tranquillity in\nCanada until this crucial principle was definitively acknowledged. That the Assembly was altogether too exigent and\nunreasonable, is quite certain. They, and not the Colonial\noffice, precipitated the rebellion; the one party was wrong\nin practice, the other faulty in theory.\nLord Gosford, one of the Commission, became Governor in\n1837, taking up the reins which had dropped from the hands\nof Lord Aylmer at the moment when the steeds were getting beyond control. In obedience to his instructions, the\nnew Governor once more attempted conciliation; but with\nthe usual result. Papineau inveighed against the Governor\nand the mother-country from the Speaker's chair. There\ncan be little doubt that dreams of future power as head of\na French Canadian nation, free, independent and democratic,\nhad intoxicated his brain. The majority of the Assembly\nwere as clay in the hands of the potter; and it soon appeared that his goal was not the redress of grievances by\nconstitutional means, but rebellion. On the 18th of August,\n1837, the Lower Canada Assembly met for the last time.\nThere was nothing for it to do but vapour and threaten.\nMany of the members appeared in home-spun, and declared\ntheir intention not again to use cloth of English manufacture, A dream of a North-west Republic of Lower Canada,\nabout the idlest one can imagine, passed over the fevered\nbrains of the recalcitrants; military drill was commenced,\nand the law become for the time a dead letter. No jury\ndared convict any man prosecuted by the Government, and a\nreign of terror of the wildest type began. The moment this 502\nTEE SCOT IN BRITISE NORTH AMERICA.\nrepublican spectre appeared, the Roman Catholic Church\nentered a protest. Bishop Lartigue called upon all faithful\nchildren of the Church to withstand the revolutionary spirit,\nand he largely succeeded. To his timely interference it was\ndue that the Rebellion, after all, achieved so little success.\nBut Papineau and the other leaders had gone too far to draw\n\"back, and at once sank in the vortex of insurrection.\nIt had been for some time apparent to the Governor and\nthe Colonial Office that the \"patriots\" were not to be\nsatisfied by concessions. Their leader was evidently bent\nupon armed revolt, and he precipitated it by every means\nin his power.* He had as effective aids Dr. Wolf red Nelson, and his brother Robert, the former of whom has been\ndescribed as \"a Frenchified Englishman.\" Insurrectionary\nmeetings were held, and secret drill was indulged in. On the\n28th of October, a demonstration took place at St. Charles\non the Richelieu, called | the Meeting of the four Counties;\"\nviolent harangues were delivered, and the resolutions were\ndeclared carried by a volley of musketry. Early in November, a conflict occurred at Montreal, where the British Doric\nClub dispersed, by force, a gathering of the | Sons of Liberty.\"\nThis precipitated the outbreak, and on the 22nd the forces\nwere face to face with the rebels under Dr.Nelson at St. Denis.\nThe latter were strongly posted in a stone house, and as the\nloyalists had only one small gun, nothing could be done but\n* Mr. McMullen thus limns this obstreperous patriot: \" It is evident that Louis Joseph\nPapineau, the great master spirit, had 'never counted the cost. He had neither a good\ncause, good counsel, nor money to reward his friends. He was a brilliant orator, but\nno statesman : a clever partisan leader, but a miserable general officer ; a tyrant in the\nforum, a coward in the field. He excited a storm which he neither knew how to allay nor\nhow to direct.\" History, p. 414. THE SCOT IN BRITISH NORTH AMERICA.\n503\nretreat * Meanwhile, Col. .WetheraU was on the way to St.\nCharles, where \" General\" Brown had a thousand habitans\nunder his command. Their leader fled at the first shot; but\nthe French Canadians made a determined resistance, no\nless than fifty-six being left dead on the field. The result\nwas 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.\nIn 1838, the insurrection broke out again, and the affair\nof St. Eustache occurred. Finally six hundred habitans\nre-crossed the border under Robert Nelson, who signed him-\nself I President of the Provisional Government.\" This force\nwas concentrated at Napierville, in the county of Laprairie,\nand against it advanced General Sir James Macdonell.\nNelson expected aid from the United States, and therefore\nTetreated towards the frontier. He made a final stand in\na church, but was immediately dislodged, and fled across\nthe lines, leaving fifty killed and an equal number wounded\nl)ehind him. Thus ended the Lower Canadian rebellion.\nThe Constitution had meanwhile been suspended, and the\nProvince was governed by a Special Council. On the 27th\nof May, Lord Durham had arrived at Quebec, and it was\nxipon his, departure the final spurt mentioned above under\nNelson was made'in Laprairie. It should have been mentioned that the rebel post at Beauharnois was taken by one\nthousand Glengarry militia under Cols. Macdonell and Eraser, with a detachment of the 71st Highlanders. After the\ni I\n* It was at this time that Lieutenant Weir, a promising young Scottish\" officer, was wantonly murdered while carrying despatches. 504\nTHE SCOT IN BRITISH NORTH AMERICA.\nsuppression of these outbreaks, Lower Canadian history\nremains a blank until the Union.\nIn the Maritime Provinces, the course of events was, in\nmost respects similar, with the important exception that the\nstruggle for responsible government was carried on without\nresorting to physical force. Both in New Brunswick and\nNova Scotia, the same system prevailed. The 1 family compact\" party ruled throughout the years succeeding the war,\nwith undisputed authority, yet the progress of freer constitutional views was silent, though not less secure. In Nova\nScotia, the earliest efforts of the people were put forth on behalf of material and educational improvement. The letters of\n\" Agricola\" in 1818, mainly intended to stimulate scientific\nagriculture, were written by John Young, a native of Falkirk,\nScotland. He had come out to this country in 1815, with\nhis wife and four sons, and settled in Nova Scotia. His\nletters at once made an impression upon the public mind,\nand he was toasted by the Governor-General at Halifax,\nbefore his identity as the author had been traced.* Mr. Young\nfilled several important offices in the public service, and died\nat Halifax in the autumn of 1837. During Lord Dalhousie's\nterm, the Presbyterian College, which bears his name, was\nfounded for the benefit, chiefly, of Scottish Presbyterians.\nKing's College, at Windsor,had been founded upon the firmest\nAnglican basis,*f* and all but members of the Church of\n* Ata dinner at Halifax in 1818, the Earl of Dalhousie said that \"he rose to propose the\nhealth 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\nprosperity of the country, called forth the esteem of every friend to Its welfare.\" After\nfurther remarks he gave the toast of \" Agricola,\" and success to his labours.\nt Hot only were tests required as In England, but one of the by-laws read as follows;\u2014\n\" No member of the University shall frequent the Romish mass, or the meeting-houses of TEE SCOT IN BRITISE NORTH AMERICA.\n505\nEngland were rigorously excluded. In 1805, the Rev. Dr.\nThomas 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\n1819, 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\none of his pupils was Dr. Dawson, Principal of McGill University, Montreal. During Lord Dalhousie's term an attempt\nwas made to unite the two universities, but it unfortunately\nfell throuffh.*\nO\nLord 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\nand other works for its material improvement. In 1820, Sir\nJames Kempt became Lieutenant-Governor, and remained\nin that position until 1826. One of the first measures of\nthe Imperial Government, during this period, was the annexation of Cape Breton to Nova Scotia. In 1827, a Roman\nCatholic member having been elected to the Assembly,\nby 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\nLieutenant-Governor pursued the same policy as his prede-\nthe Presbyterians, Baptists or Methodists, or the conventicles, or place of worship of any\nother dissenters from the Church of England, or where divine service shall not be performed\n\u2022.according to the liturgy of the Church of England.\" It is to the credit of the Anglican\nBishop (Inglis) that he strongly, though ineffectually, opposed this by-law. Campbell's\nNova Scotia, p. 236.\n* The negotiations were conducted on the part of Lord Dalhousie by S. G. W. Archibald,\n\u25a0Speaker of the Assembly, and the Hon. Michael Wallace, Provincial Treasurer. The Hon. A.\n\u25a0G. Archibald, who succeeded Mr. Howe as Lieutenant-Governor of the Province, was a son of\n\u2022the former. 506\nTHE SCOT IN BRITISH NORTH AMERICA.\ncessor in the prosecution of road-making. Complete surveys-\nof the Province were made, and the timber trade received a\npowerful stimulus. It can hardly be said that politics, in\nthe party sense, had any existence during the eight years of\nSir James' tenure of office. After a brief interregnum, during\nwhich the Hon. Mr. Wallace, a Scot, administered the Government, Sir Peregrine Maitland succeeded. He arrived in August,\n1829, and in that year a conflict occurred between the Council and the Assembly on the subject of the brandy duties. In\n1826, on a revision of the revenue laws, a duty of one shilling and four-pence had been imposed on brandy. By some\nmistake only one shilling was levied; the House, therefore\nin 1830, resolved that it should be raised to the intended\nrate. The Legislative Council demurred to this measure,\nand asked for a conference. A grave constitutional question was thus raised, touching which neither branch of the-\nLegislature would give way. In the Assembly, Mr. John\nYoung (\" Agricola\"), the Speaker, Mr. Archibald, and Mr\nBeamish Murdock, the historian of the Province, vindicated\nthe right of the Assembly to exclusive control over matters-\nof supply.* A dead-lock ensued, and the session came to a\nclose. Next year the dispute was renewed, but it ended in\na triumph of the House.\nIt was clear that fife had been infused in the body politic\nof Nova Scotia, and thenceforth we rise above the dead level\nof the more primitive time.' In the autumn of 1832, Sir\n* During the debate, Mr. Young, in the course of a luminous speech, said ; \" It was not\nmerely that four-pence per gallon to be imposed upon brandy and gin, for value In mouey\nweighed 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,,\nwas a son of \" Agricola.\" SSSSJ^i^SSS^S-S^SS^^^^SS^SSSS\nTEE SCOT IN BRITISE NORTH AMERICA.\n507\nPeregrine Maitland left finally for England, just before the\ncoming storm fell upon the Province. Another interregnum followed, during which the symptoms of uneasiness\nbecame more marked. Events in the Canadian Provinces\nwere rapidly approaching a crisis, and the contagion spread,\nfirst to New Brunswick, and subsequently to Nova Scotia.\nIn February, 1833, the Legislature was convoked by the\nPresident, and a dispatch read from the Colonial Secretary\nrecommending anincreaseinthesalari.es of the judges. Mr.\nStewart at once moved a resolution in favour of the increase,\nbut tacked to it a prayer, that whilst the Assembly would\nconcede what was asked, \" when required] to do so in the\nmanner prescribed in by the British Constitution,\" his\nMajesty \" would be pleased to make such an order respecting the casual and other revenues of the Province, now ex-\npended without the consent of the House, as would render the\nsame subject to the disposal and control of the House.\" During the debate Mr. (afterwards Chief Justice) Sir William\nYoung, delivered a moderate speech, recommending a conciliatory course. The debates had now become much livelier,\nand embraced a wider range of subjects. In 1834, Mr.\nStewart attacked the Council, and proposed a reform in its\nconstitution, but for the present nothing came of the motion.\nAt the beginning of July, 1834, Sir Colin Campbell arrived\nat Halifax and the administration of Thomas Jeffery, President, came to a close. Sir Colin was every inch a soldier and\na Highland Scot to boot. Born in 1792, he entered the\narmy as ensign in 1808, and within a few weeks, when yet\ntoo juvenile to carry the colours, was engaged with his regiment (the 9th foot) on the heights of Vimiera. He served 508\nTHE SCOT IN BRITISH NORTH AMERICA.\nduring Sir John Moore's campaign and was present at the\nclosing1 scene, when his General fell at Corunna. He was\nwith the Walcheren expedition, and then back to the Peninsula. At th e storming of St. Sebastian, he led a forlorn hope,\nand was twice wounded, and fought subsequently at Vittoria\nand the passage of Bidessoa. In 1814 he took part in the\nAmerican war, then in the West Indies, and in 1842 in China.\nIt was in the second Sikh war, however, that his rare qualities\nas a general first attracted public attention. At the battle\nof Chillianwalla, he won by a somewhat rash manoeuvre, and\nat Goojerat he made a brilliant coup, capturing one hundred\nand fifty-eight guns. In 1851 he was sent against the hill\ntribes, and forced the Kohat Pass. With only a few horsemen and some guns he forced the submission of the combined\ntribes\u2014numbering 8,000 men. And yet after forty-four\nyears' service he returned to England a simple colonel. But\nthere was no jealousy in his nature, and he saw carpet\nwarriors promoted over his head without uttering a complaint. He bided his time and, although his friends were\nmore angry and impatient than he, it came at last with the\noutbreak of the Crimean War. Even then he was only appointed to the command of a brigade, not of a division, and\nremained a colonel until June, 1854. In the Crimea, Sir\nColin commanded one half of the First Division under H. R.\nH. the Duke of Cambridge. The other brigade consisted of\na battalion of Grenadier Guards, one of the Scots Fusilier\nGuards, and another of the Coldstreams. Sir Colin Campbell\nhad under him the Highland Brigade comprising the 42nd,\n79th and 93rd Highlanders. On the 20th of September,\n1854, the battle of the Alma was fought. The advance THE SCOT IN BRITISH NORTE AMERICA.\n509\nacross the river had been made by the First Division and\nthey were j formed up \" on the opposite bank, the Guards to\nthe right, the Highland Brigade to the left. So steadily they\nmarched up the steep, that Lord Raglan exclaimed to his\nstaff: \"Look how well the Guards and the Highlanders ad-\nvance ! \"* Sir Colin Campbell had made a brief speech to\nhis men, concluding with the words : \" Now, men, the army\nwill watch us; make me proud of the Highland Brigade.\"\nThat was before the battle; when the onset began, the General had only two words for the Black Watch which was in the\nadvance\u2014\"Forward, 42nd.\" He himself rode with them. He\nthen went forward to reconnoitre, and his horse was twice\nshot. I Smoothly, easily, swiftly,\" says Kinglake, \"the Black\nWatch seemed to glide up the hill. A few minutes before,\nand their tartans ranged dark in the valley\u2014now, their\nplumes wave on the crest.\"*(* How gallantly the battle was\nwon may be learned from the historians. Lord Raglan met\nSir Colin, who was on foot, having lost his horse, and warmly\ncongratulated him on the valour displayed by the Highlanders. Campbell only made one request, that so long as he\ncommanded the Brigade, he should be permitted to lead them\ninto action wearing, like his men, the Highland bonnet.\nThroughout the battles in the Crimea and the weary siege of\nSebastopol the Highlanders were \" aye the foremost\" under\ntheir bluff, warm-hearted commander. They had not yet done\nwith war, however. Shortly after peace had been proclaimed,\nthe three regiments of the old Highland Brigade were to-\n* \" The First Division formed up after crossing the Alma, and although they incurred considerable loss, they nevertheless advanced In most beautiful order\u2014really as if on parade,\nj'shall never forget the sight\u2014one felt so proud of them.\" Letters from Headquarters.\nt Kinglake's Crimea, vol. Ii., p. 475. 510 TEE SCOT IN BRITISE NORTE AMERICA.\ngether in India to assist in quelling the Sepoy Rebellion, and\nSir Colin Campbell was with them. In addition to the\n42nd, 79th and 93rd, there was notably the 78th* and jointly\nthey performed prodigies of valour. At the relief of Cawn-\npore and siege of Lucknow, Sir Colin Campbell was the conspicuous figure. He remained at his post until the last spark\nof rebellion had been stamped out. Created Lord Clyde in\nrecognition of his inestimable services in the field, the old\nLieutenant Governor of Nova Scotia survived until August\nthe 14th, 1863, when he died shortly before completing his\nseventy-first year.*J*\nTo return to Nova Scotia and 1834. Sir Colin Campbell\narrived at Halifax, as already stated, at the beginning of\nJuly. The Province was in an exceedingly depressed condition.\nThere had been two bad harvests, the currency was deranged\nby an unlimited issue of inconvertible paper, and goods and\nproperty generally were seriously depreciated in value. But\nthat 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\n* Sir James Outram, after one of the many actions of this war, addressed this regiment as\nfollows: \" Your exemplary conduct, 78th, in every respect through this eventful year, I can\ntruly say, and 1 do most emphatically declare, has never been surpassed by any troops of\nany nation, In any age, whether for Indomitable valour in the field, or steady discipline in\nthe camp, under an amount of fighting, hardship and privation such as British troops have\nseldom, if ever, heretofore been exposed.\"\nSjHpice 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 ;\n\" The writer of this notice was once witness of a touching scene in a village hospital after\na great battle. A cavalry trumpeter, whose death was close at hand, sprang suddenly from\nhis bed, seized his trumpet that lay beside him, blew, with thrilling notes, the 'charge,'\nand then fell baek and died. The same spirit moved in Lord Clyde. When the bugle\nsounded 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\u2014ready to die\nas a soldier and a Christian should die. 'Mind this, Eyre,' he said, ' I die in peace with all\nthe world.'\" TEE SCOT IN BRITISE NORTE AMERICA. 511\nthe Throne, of rather unusual length. The Crown had\noffered a' surrender of the casual' and territorial revenues,\nprovided the Assembly gave in exchange a permanent civil\nlist. As, however, the House had not accepted the proposal, Sir Colin stated that he was instructed not to repeat\nit. The quit-rents, another ground of dispute, were to be surrendered, however, if the Assembly would grant the Crown\ntwo thousand pounds a year. This offer was accepted, with\nthe promise that the annuity should be applied to the payment of the Lieutenant-Governor's salary. Thus far the\ncourse of political events had been much the same as in\nLower Canada, and the appearance of Mr. Joseph Howe\nin the Assembly of 1837 was the signal for another movement which made the resemblance closer. An agitation for\nresponsible government arose, which was to bring forth fruit\nin years to come. Meanwhile Messrs. Young and Howe attacked the Council, Both in New Brunswick and Nova\nScotia, this body was singularly anomalous in its constitution.. It not only possessed legislative, but also executive\nfunctions, and its deliberations were conducted with closed\ndoors. In short, what purported to be a second Chamber,\nturned out in practice to be a sort of legislative Privy\nCouncil, responsible to no one, except the representative\nof the Crown. As an executive body, of course, there was\nreason for the exclusion of strangers; but in its other capacity there was no excuse for so antiquated a system. Mr.\nJohn Young attacked also the Septennial Act, and proposed\nthat general elections should be held every four years. The\nCouncil threw out a Bill passed by the House to this effect,,\nbut it was forced through in the following year. In 1838\u201e\ni 512 TEE SCOT IN BRITISE NORTH AMERICA.\nprobably quickened by what had occurred in Canada, the\nColonial Office, under Lord Glenelg, reluctantly consented\nto divide the Council in two, to be styled the Executive, and the Legislative Council respectively. Of course\nthe appointments made by Sir Colin Campbell did not suit\nthe majority in the House, and discontent continued.* His\nExcellency spoke like a strict military disciplinarian, and\nthrough all his utterances the soldier type of rule peeps forth.\nBoth parties appealed to England, and some concessions were,\nin consequence, made to the Assembly. In 1840, the Cunard\n\u2666Company put their first steamer afloat on the route between\nLiverpool and Halifax and Boston. Mr. Cunard, who was a\nHaligonian, put himself in communication with Mr. Robert\nNapier, the great ship-builder of the Clyde, and associated\nhimself in partnership with Messrs. Mclver and Burns, of\n\u2022Glasgow. The company was essentially Scottish in all but\nthe name. To this period belonged Judge Haliburton (Sam\nSlick), whose ancestors had emigrated from Scotland in the\nreign of Queen Anne, and settled in the New England colonies ; Charles R. Fairbanks, born at Halifax, and pupil of\nthe Rev. Dr. Cochran, at Windsor academy; and Hugh\nBell, who was not only a public man but a philanthropist.\nDuring 1840 political agitation was at fever heat in Nova\nScotia. 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\n* 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\nCouncil; but as he was responsible to Her Majesty for the selection he had made, he would\n-firmly resist any attempt to encroach on the Royal prerogative, or to influence him in the\nfulfilment of his duties. Campbell, p. 326. TEE SCOT IN BRITISE NORTE AMERICA. 513\nJohn Russell had, notwithstanding his prejudices, partially\nconceded the principle in dispute. But the Nova Scotia\nCouncil ignored the instructions sent to Governor Sir John\nHarvey, of New Brunswick. In the end, though with great\nreluctance, the Assembly petitioned for the recall of the\nLieutenant Governor. Sir Colin Campbell left the Province\nin the autumn of the year, personally respected by all parties,\neven those most at variance with him on public questions.*\nViscount Falkland succeeded, and here the course of events\nin the Province may be left to be taken up again in a subsequent chapter.\nIn New Brunswick the course of events ran in much the\nsame groove, with the important difference that the contest\nwas over in this Province before it had well begun in Nova\nScotia. Prior to the. political period strictly so-called, the\nefforts of rulers were here also devoted entirely to the\nmaterial improvement of the Province. The Government\nwas in the hands of a caste, whilst the people were too\nearnestly engaged in subduing nature to pay much attention\nto 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\n* \" 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\nand 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\nhonour to defend the Executive Council, and well nigh sacrificed his honour in his infatuated\nresistance to the explicit instructions of the Colonial Office.\" Campbell, p. 345. Sir William\nYoung, 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\nCampbell, our Lieutenant Governor at the time when the new principles of government\nwere first developed in the Province. I differed with him in politics, but he always honoured\nme with his personal confidence and friendship. He was a manly, true-hearted Scotchman,\nand the Society did itself honour by the steadiness and enthusiasm with which they sustained\nhim.\" Annals.of the North British Society of Halifax. By James S. Macdonald. 514 TEE SCOT .IN BRITISE NORTE AMERICA.\nHon. A. Black was President in the interval between the\nDouglas and Campbell rSgimes, or from 1829 to 1832. In\nthe latter year Sir Archibald Campbell became Governor of\nNew Brunswick. Like his namesake Sir Colin, he was\nabove all things a soldier, and an unyielding champion of\nprerogative. At that time no doubt there was something to\nbe said on behalf of the military theory of government; but\nthat writers who wielded the pen fourteen years afterwards\nshould, when the entire system had been given up, still plead\nfor it, seems strange to us.* According the dictum of these\npolitical writers the rulers, not the ruled, were the best judges\nof what was good for them. Paternal government was\nmuch to their advantage, if only they had known their true\ninterests. Unfortunately the people fancied that they did\nunderstand their own interests better than Colonial Secretaries or Governors, who backed, with all the power of the\nCrown, the small oligarchical faction which had turned the\nState into a political game-preserve. In the end the Imperial Government was constrained to admit that the people\nhad been all along in the right, and that their own wisdom\nhad proved to be egregious folly.\nIn 1832 the first step in the path of progress was made\nhy the separation into two bodies of the Legislature and\nExecutive Council. How they ever came to be united is a\n* 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,\nand which in Canada was carried to an alarming extent. To maintain the prerogatives of the\nCrown, which, by the Constitution, cannot take away the liberties of the people, and to secure\nto the subject his just rights, should be the aim of the Government; and there are perhaps\nno people in the world who have less cause to complain of their rulers than those of the\nBritish American Colonies.\" The refreshing simplicity of this authoritative verdict upon\npublic affairs will be better appreciated when the reader notes that the work was published\nin 1846. THE SCOT IN BRITISH NORTH AMERICA.\n515\nquestion not to be readily solved. The Executive was, by\nits nature, a secret body, the advising council of the Governor, and yet, as in Nova Scotia, possessed Legislative duties,\nand sat with closed doors. Two branches of the Legislature\nwere thus practically one, and its heads had the entire power\n\u2022of government. The Assembly was utterly powerless, since\nthe only check they possessed upon arbitrary rule was\ndenied them; they could not effectively withhold the supplies until popular demands were complied with. The next\nground of complaint was the management of the Crown\nLands. No system could have been devised so likely to\nlead to abuses. The Chief Commissioner was an officer entirely independent of legislative control. He received a\nsplendid salary, which fees and perquisites augmented, and\nlived in a style of ostentatious magnificence. In 1832, the\nAssembly called for an account of the revenue derived from\nthis source, and was politely told to mind its own business.\nDelegates were sent to England to represent the state of\naffairs to the Colonial Office, and an arrangement, agreeable\nto the House, was made by Mr. Stanley (the late Lord\nDerby), at that time Secretary for the Colonies. Through\nsome crooked manoeuvring by the back stairs, however, the\nreform was not carried out. The Land Company was a\nmonopoly of the most objectionable type, and made matters\nworse. The Joseph Howe of New Brunswick then appeared in the person of Mr. Wilmot (afterwards Lieutenant-\nGovernor). In 1836, he moved for a return of the Crown\nLand funds, but only received a bald general statement from\nthe Governor. Another deputation visited England with a\npetition in favour of a surrender of all the revenues to the 516 TEE SCOT IN BRITISE NORTE AMERICA.\nAssembly. Lord Glenelg acceded this time, and the casual\nand territorial revenues were surrendered on condition that\na permanent civil list were provided. Sir Archibald Campbell refused to sign the Civil List Bill,* and resigned. His\nsuccessor, Sir John Harvey, to whom reference has already\nbeen made, succeeded in restoring harmony in 1837, and the\ncrisis was over. The Civil List Bill became law on the\n17th of July amidst demonstrations of joy from the Reform\nparty, and its chiefs found themselves now in the Executive\nCouncil. The year 1837, which brought the New Brunswick\nstruggle to an end, witnessed, as we have seen, the com-\nmencement of another in Nova Scotia.\nPublic affairs in Prince Edward Island do not call for\nvery minute attention. There the great bone of contention\nwas the land system, of which a fuller account may be given\nhereafter. The breeze of discontent which affected the other\nNorth American colonies from Halifax to Sandwich, was\nlong in making any impression upon the feudal system established in the island. In 1813, so secure were those in\npower, that Mr. Charles Douglas Smith, the Governor, re-\nenacted, in a'small way the unconstitutional rule of Charles\nI. In 1813, he prorogued Parliament in a brusque manner,\nand did without one very comfortably for four years. Three\nAssemblies were then successively called, all of which were\nfound unmanageable, and therefore sent about their business.\n* The pretext for this extreme measure was, that the amount (\u00a314,500) was not\nsufficient 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\nparty 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\nof \u00a3171,000 odd was handed over to them for distribution. As a matter of fact his fears\nproved to be well-grounded. THE SCOT IN BRITISH NORTH AMERICA.\n517\nIn 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\ncolony into distress. Then followed riotous assemblages, at\nwhich open charges were made against Mr. Smith. A Mr.\nStewart, who had protested against these arbitrary acts, only\nsaved himself from arrest by flight. He reached England,\nand upon his representations'and proof of the facts, Governor\nSmith was recalled. The succeeding* Governors were of a\ndifferent stamp; yet the popular spirit had been aroused,\nand nothing would satisfy it save the establishment of responsible government; but the time had not yet arrived for that\nconcession. Still much was done in the way of reform. The\nCatholics were emancipated in 1830 ; in 1837, the Governor\nattempted to deal with the land question. The soil of the\nisland was owned mainly by a few absentee landlords, who\nintended their property to remain in a state of nature, so\nthat they might profit by the energy of those who tilled the\nland. The House had suggested a heavy tax upon wild lands,\nand the forfeiture to the Crown of all estates upon which\narrears of the tax were due. But the Colonial Office, whose\nears the land-owners had gained, would not listen to the proposal. In this state were public affairs in Prince Edward\nIsland at the opening of the year 1841.\nM CHAPTER V.\nCANADA FROM 1840 TO 1867.\n!HE abortive rebellions in the two Provinces, like the\nwar of 1812, had the immediate effect of stimulating\npolitical activity, and entirely diverting the current of public affairs. The skill and address of Mr. C. Poulett Thompson (afterwards Lord Sydenham of Toronto) surmounted\nthe grave objections advanced in both Provinces against the\nproject of re-union. The Home Government saw clearly\nenough that there was no prospect of permanent contentment unless by undoing the Constitutional Act of 1791. In\nLower Canada, the representative system was under suspension, and the government carried on by a Special Council.\nThe aim of the colonial office, therefore, was by a union of\nthe Provinces, to give the British and loyal population a\nmajority in the Legislature. It wa's supposed that by estab-\nlishing.from the outset,an equality of representation, although\nUpper Canada was really inferior to the Lower Province in\nnumbers and revenue, some security would be given for the\nascendency of the English-speaking race. A minority in\nLower Canada, chiefly representing the eastern townships,\nwas British, and it was naturally supposed that they would\nunite with the members from Upper Canada. It seemed\nclearly the purpose of the Imperial Government if possible THE SCOT IN BRITISH NORTE AMERICA.\n519\nto swamp the French, malcontents, and make the future\nParliament predominatingly British. Hence the violent\nopposition to the union in Lower Canada. However, as the\npeople there had no voice in the matter, their protests counted\nfor little.\nIn Upper Canada, it might have been thought that the\nadvantages to be reaped from the proposed measure were\nobvious enough. The finances of the Province were in a\nwoful condition. Lower Canada collected the customs duties\nat Quebec, and although some sort of provision had been\nmade for an equitable division of the fiscal revenue, as a\nmatter of fact, the Upper Province reaped little or no benefit\nfrom it; on the other hand it had no power to levy import\nduties. The Union Bill by giving eaeh section equal representation, and charging debts upon the Consolidated Revenue\nFund of the United Province, gave the west a balance of\nprofit out of the new partnership to which it had no equitable\nclaim. On the other hand, the dominant party saw with\ndismay the prospect of a coalition, in a single Assembly, of\nthe Reform elements in both Provinces. They well knew\nthat the boon of responsible government vaguely promised\nwould before long be made a reality. They trembled for\nthe loyalty and religion of Canada, and feared that the\nUnion Bill would prove to be a revolution in disguise. It\nmust be confessed that, apart from personal and party considerations, there was no small cause for apprehension. The\nprospect of having a compact body of French Canadians,\nready to throw in the weight of their influence with an Upper\nCanadian minority was not an inviting one. In after years 520\nTEE SCOT IN BRITISE NORTE AMERICA.\nthe cry of | French domination,\" however, was heard not\nfrom the Conservative, but the Liberal side.\nAt that time, \u00a3he loyal party apprehended i the greatest\ndanger to our civil and political institutions, and even to our\nconnexion with the parent state.\" * They only yielded\nbecause it was evident that the Imperial Government was\nbent upon the prosecution of the measure. An attempt\nwas made by Mr. Sherwood to expunge the equality clause,,\nand substitute a provision by which Lower Canada would\nhave fifty members, and Upper Canada sixty-two as before.\nThis amendment was rejected by a vote of thirty-six to nineteen. The discussion need not trouble us further here;\nit may suffice to mention that the measure, as drawn up by\nSir James Stuart, passed almost as he drafted it.*f*\nThe Governor-General had been raised to the peerage in\nAugust, 1840, and on the 14th of June, 1841, he opened the\nfirst session of the first Canadian Parliament at Kingston,,\nwhich had been selected as the seat of government. In the\nprevious year, it should be noted, two important questions\nwere temporarily adjusted. The Clergy Reserves were apportioned amongst the religious bodies, one-half to the\nChurches of England and Scotland, the other to recognised\nI Christian denominations,\" in .proportion to their private\ncontributions, vested rights being secured. The other event\n* From Sir Allan McNab's Address, as Speaker on behalf of the Assembly (13th of January, -\n1340). Christie, v. 345.\nt By far the best summary of the Upper Canada objections will be found in a brochure\naddressed to the Colonial Secretary, Lord John Russell, by Chief Justice Robinson, entitled\nCanada and the Canada BUI,-pp. 198. London, 1840. The Lower Canadian case will be\nfound In Christie, vol. v. ; Garneau, B. xvi., ch. iii; Turcotte; Le Canada Sous VUnionf\nIntroduction. The dispatches of Lord John Russell and Mr. Poulett Thompson are given\nin McMxJlen, History, cli. xxii. THE SCOT IN BRITISH NORTH AMERICA.\n521\nwas the formal concession of the principles of responsible\ngovernment by the Crown. His Excellency, in reply to an\nAddress from the House, declared \" that he had been commanded by Her Majesty to administer the government in\naccordance with the well understood wishes of the people;\nand to pay their feelings, as expressed through their representatives, the deference that was justly due to them.\"\nThus for a time, at all events, all burning questions were\nadjusted. Attorney-General Hagerman, who had opposed\nthe Union Bill, was dismissed, and Mr. Draper appointed in\nhis place.\nThe new House was largely Unionist and Liberal, and a\nFrench Canadian Reformer was elected Speaker.* The speech\nfrom the Throne was eminently practical, being chiefly\nfilled with the recommendation of measures to develop the\nresources of the country by public works, especially the\nimprovement of river navigation. It announced that the\nImperial Government was prepared to guarantee a loan of a\nmillion and a half of dollars, in aid of public works, and concluded with an appeal in favour of an effective system of elementary instruction for the people. Mr. Cameron moved\nthe Address in reply to the speech from the Throne ; but it\nwas not destined to pass without debate and opposition. The\nLower Canadians felt that now, at the first opportunity, it was\n* Amongst the Upper Canada section are to be found the names of James Johnston, J.\nSandfield Macdonald, Sir Allan N. McNab, J. McGill Strachan, Malcolm Cameron, James\nMorris, David Thorburn, E. C Campbell, John Gilchrist, Donald McDonald, Alex. McLean,\nand Isaac Buchanan; and from Lower Canada, John Hamilton, Colin Robertson, Robt Christie.\nHenry Black, David Burnet, John Neilson, and Michael McCulloch, all Scots. Turcotte.p. 66.\nOf the twenty-four Legislative Councillors, we may note the names of Robert S. Jamieson,\nWilliam Morris, Alexander Fraser, Peter McGill, James Crooks, John Fraser, Adam Fer-\n\u2022gusson, John Hamilton (now a Senator), John Macaulay, John MacdonalJ, Adam Ferrle,\nand Thomas McKay\u2014exactly one half of the body. Ibid., p. 70. 522\nTHE SCOT IN BRITISE NORTE AMERICA.\nnecessary to protest against the' Union, or \"forever after hold\ntheir peace.\" The Hon. John Neilson, whose career has been\nalready sketched, was selected as their spokesman. The\namendment expressed regret \" that the more populous section of the Province, which formerly constituted Lower\nCanada, by section of an Act of 1791, had not been consulted\nupon the governmental constitution substituted for that\nwhich was established under the said Act; and that there\nare features in the measure which now settles the Government of Canada, which are incompatible with justice and\nhostile to the common rights of British subjects.\" * Mr.\nNeilson's speech was marked by its moderation. His motion\nwas supported by the Hon. Robert Baldwin (who had resigned the Attorney-Generalship), and Messrs. Hincks,\nPrice, Durand, and other Upper Canadian Reformers. It\nwas, however, defeated by a vote of fifty to twenty-five.\nMr. Neilson made a second attempt on the question of a loan\nproposed by the Government. This amendment, which\nwas really the double-majority principle in embryo, was\nsupported by Messrs. Baldwin and Hincks. Another made\nalso by the member for Quebec in more general terms, received the support of Sir Allan McNab and Mr. Sherwood,\nConservatives, and was only defeated by thirty-four to\ntwenty-nine. At the close of the Session, Lord Sydenham^\nwho had been in delicate health, received injuries by a fall\nfrom his horse, which caused his death in September, 1841.\nHe was an eminently wise and conciliatory ruler, and died\namidst the sincere regrets of all Canadians without distinction of party. TEE SCOT IN BRITISE NORTE AMERICA.\n523\nIt now seems well to take up some of the more prominent\nScots of the time in order, and trace their careers in biographical form. The first name upon the list is that of a\nScoto-Canadian of the true Highland stock of Glengarry.\nThe Hon. John Sandfield Macdonald was born at St. Raphael\non the 12th of December, 1812. His grandfather had come\nto this country in 1786 with one of those Highland migrations which -together made up the Glengarry colony. The\nfuture Premier had the misfortune to lose his mother at an\nearly age, and, as the future sketched out for him did not\nplease young Sandfield, he struck out a path for himself,\nwith characteristic independence and self-reliance. On two\noccasions he ran away from home in search of fortune, and\nwas'brought back. He finally engaged himself to a storekeeper, with whom he remained two years. At Cornwall,\nhe made a similar engagement; but the fire of ambition\nburnt fiercely within him, and he determined, by vigorous\nefforts, to enter a liberal profession. In 1832, although in\nhis twentieth year, young Macdonald entered the Cornwall\nGrammar School, at that time directed by Dr. Urquhart.\nBy sheer dint of plodding, in two years he was proclaimed\n\"dux\" of the school. In 1835, he had passed his preliminary examination before the Law Society, and entered the\noffice of Mr. (afterwards Chief Justice) McLean, as an articled\nclerk. When his principal was elevated to the Bench, Mr.\nMacdonald served the balance of his time with Mr. Draper,\nthe future Chief Justice of the Court of Appeal. In 1840,\nhe was called to the Bar, and commenced to practise in the\ntown of Cornwall.\nHe was hardly well in harness before he was invited to 524\nTHE SCOT IN BRITISE NORTE AMERICA.\nthe representation of his native county (Glengarry) in Parliament. Mr. Fennings Taylor has remarked that this was\nno ordinary compliment to be paid to one so little known in\nconnection with public affairs. However, the constituency\nwas not hard to please, and so long as it could secure one of\nthe real old stock, cared very little whether he called himself a Conservative or Reformer* Mr. Macdonald n ever issued\nan election address, but was returned in 1841 nominally as a\nConservative. Parties, however, were at that time in so\nchaotic a state, that it mattered little what a member styled\nhimself. Messrs. Baldwin and Draper were members of the\nsame Government, and a new member had some difficulty in\nfixing his political attitude. At all events his first vote was\ngiven against the amendments of Mr. Neilson. Sometimes\nhe was to be found with the Upper Canadian Conservatives,\nand sometimes with the Reformers ; but his general attitude was one of opposition. On the question of responsible\ngovernment there was, at least, an approach to unanimity.\nResolutions on the subject were proposed by Mr. Baldwin,\nbut were replaced by others drawn by Mr. Harrison, and the\nquestion was to all appearance finally settled. In 1843,\nthe course pursued by Lord Metcalfe, to which it will be\nnecessary to return again, separated Mr. Macdonald from his\nold friends, and he thenceforward acted as a Reformer, of\nthe independent sort. At this crisis Mr. Macdonald certainly\nacted with great courage, since the Glengarry Highlanders-\nwere, when aroused, strictly loyal Conservatives. Yet notwithstanding their inclination to the side of authority their\nrepresentative carried them with him when he espoused tl\nie\n* Portraits of British Canadians, p. 96; Morgan, p. 537. THE SCOT IN BRITISH NORTE AMERICA.\ncause of the ex-ministers. His Gaelic and English harangues\nfired the Celtic blood, and Glengarry became, like its member,\nReform to the backbone. The people of that county, nieteen-\ntwentieths of whom were Highlanders, were not in the habit\nof doing things by halves, and having chosen their standard-\nbearer, like their forbears, they were singularly indifferent\nto the hue of the colours he bore into action.* They not\nonly returned their old member by a larger majority, but\nbecame permanently a Liberal constituency.\nIt was not until December 1849 that Mr. Macdonald took\n\u2022office. At that date he succeeded the Hon. W. H. Blake,\nwho had been made Chancellor, as Solicitor General West,\nin the Baldwin-Lafontaine administration. In 1851 when\nMr. Baldwin retired and was succeeded by Mr. (now Sir F.)\nHincks, contrary to general expectation, Mr. Sandfield Macdonald was not appointed Attorney-General. Whether he\ndeclined the office, or, as would appear more likely, was intentionally passed over, is not clear. That he was entitled\nto the post by traditional usage is certain; and his resignation of the Solicitor Generalship would seem to show that\nhe felt piqued. When a new Parliament assembled in 1852,\nhe was elected Speaker, on motion of Mr. Hincks, by a vote\nof fifty-five to twenty-three. In 1854, the Houses had not\nbeen convened until the latest day allowed by law. A vote\nof non-confidence on the Address caused an immediate prorogation and the House was dissolved. Hence arose a ser-\nious constitutional question. \" The law provides that a\nsession must be held within periods not later than twelve\nmonths of one another; and Parliamentary usage has estab-\nA more exte\nnded account of the Glengarry folk will be given hereafter. TEE SCOT IN BRITISE NORTE AMERICA.\nfished that', to constitute a session, one bill, at least, must be\npassed through all its stages of both Houses.\"* Mr. Fennings\nTaylor seems to think that, in protesting against this breach\nof law and custom, Mr. Speaker Macdonald intended to administer a grave reproof to the Governor-General. It rather\nappears that he was simply performing his duty as the mouthpiece of the Assembly, although he may probably have had\nas a secondary and subordinate object to pay off the Government for old scores. They had rejected him as a colleague,\nand the opportunity now presented itself of snubbing them.\nIn temperate language the Speaker addressed His Excellency\nat the bar of the Council. \" It has been, \"he said, \" the immemorial custom of the Speaker of the Commons House of\nParliament to communicate to the Throne the general result\nof the deliberations of the Assembly upon the principal objects\nwhich have employed the attention of Parliament during\nthe period of their labours. It is not now part of my duty\nto thus address your Excellency,\" because no act or judgment had been passed. He then pointed out that the passage of an Act is necessary to constitute a session and that\nParliament had been prevented from accomplishing this, by\nthe abrupt summons of the Governor-General. \" At the same\ntime,\" he concluded, \" I feel called upon to assure your Excellency, on the part of Her Majesty's faithful Commons,,\nthat it is not from any want of respect to yourself or the\naugust personage whom you represent in these Provinces,\nthat no answer has been returned to your gracious Speech\nfrom the Throne.\"\nThere can be little doubt that the Speaker was really\nPortraiti, p. 99. THE SCOT IN BRITISH NORTE AMERICA.\nmr\nwithin his right in making this protest. It is said that Lord\nElgin showed manifest signs of impatience during the delivery of this address j but that may well be attributed to\nthe vexation felt by an eminently constitutional ruler, at\nhaving been betrayed into a false step by his advisers. During the opening session of the new Parliament, Mr. Macdonald\nshowed clearly that it was not the Governor-General but\nthe Premier at whom his shafts were aimed. The elections\nhad left the Government in a minority in Upper Canada,,\nand the new element of opposition in the person and following of Mr. George Brown, had been materially strengthened.\nOn the election of Speaker, the Hincks-Morin Government\nfound itself in a minority of two, Mr. Sicotte being elected\nover Mr. Carrier, the ministerial candidate. The necessary\nconsequence was the resignation of the Cabinet, and the\nformation of the McNab-Morin Government in its place.\nMr. Macdonald now became an independent member of\nthe Opposition. He never entirely sympathized with the\nwestern section of his party. He was, to begin with, a Roman\nCatholic, and saw with regret the attitude assumed by those\nwith whom he generally acted, towards his Church. Moreover\nhe was opposed to the principle of representation based upon\npopulation, and preferred the adoption of the | double majority,\" under which the Government of the day must resign or\nappeal to the people, if it failed to command the support of\na parliamentary majority from both sections of the Province.\nHe thus stood isolated from his friends, and the influence he-\nexerted was solely due to his individual force of character.\nWhen the two-days' Ministry of 1858 was formed, Mr. Brown\nselected the honourable gentleman as Attorney General West. 528\nTEE SCOT IN BRITISH NORTH AMERICA.\nAs we shall see hereafter, there was no sacrifice of principle\n\u2022on either part, since the principle of local autonomy was\nto be granted, with \" some joint authority \" for affairs in common to both Provinces.\nIn 1862, Mr. Macdonald playfully described himself as the\npolitical Ishmael:* yet in the same year, when the Cartier-\nMaicdonald administration was unexpectedly defeated on the\nsecond reading of the Militia Bill,*f* he was called upon by\nLord Monck to form a Government. Mr. Brown was not a\nmember of this Parliament, having been defeated at Toronto,\nAnd Mr. Macdonald was naturally chosen as the leader of his\nparty. This attempt to form an administration was as courageous as that of the late Lord Derby in England ten years\nbefore; since it was felt that there was no promise for it in the\nfuture. On the 8th of May, 1863, a direct vote of non-confidence was proposed by Mr. (Sir) John A. Macdonald and\ncarried by sixty-four to fifty-nine\u2014a majority of five. The\nHouse was at once prorogued with a view to dissolution.\nHere a fatal mistake was committed\u2014that described by Mr.\nLincoln as swapping horses while crossing a stream. The\nLower Canada section was entirely remodelled, Mr. Dorion\nsucceeding Mr. Sicotte as Attorney General East. The\n\u25a0Cabinet thus acquired, a distinctly Rouge and Radical tinge.\nMoreover, Mr. Macdonald distinctly abandoned his double-\nmajority stand-point by choosing his eastern colleagues from\nthe ranks of the minority. Of course it was open to him to\nplead that he trusted to obtain a majority in Lower Canada\n\" Portraits, n., p. 102.\nt The vote stood, yeas 54, nays, 61. TEE SCOT IN BRITISH NORTH AMERICA.\n529\nat the approaching elections, but he must have felt that\nthere was little prospect of his doing so.\nWhen the new House assembled it was found that although Ministers were in a majority in Upper Canada, they\nhad made little progress in the sister Province. On the choice\nof Speaker, Mr. Macdonald had a majority of eight. A motion of want of confidence, pressed to a division, was lost by\na vote of sixty-one to sixty-four. By avoiding the shoals in\nits way, the Government managed to tide over this Session*;\nbut in 1864 it became evident that the end. was near. The\nPremier attempted to strengthen the Lower Canadian wing\"\nof his party, by making overtures to Sir Etienne Tache*; but\nthese were declined. A split in the party on the question of\nrepresentation by population made matters still worse, and\nMr. Macdonald finally resigned, to be succeeded by Sir E.\nTache*. However, the new Government found itself in as awkward a position as its predecessor, for it was in turn defeated\non a trivial question by a vote of sixty to fifty-eight. It was\nnow clear to both parties that a new departure was necessary. Hence the Coalition Ministry, of which more will be\nsaid hereafter. The project of a confederated British North\nAmerica was introduced and carried, Mr. Sandfield Macdonald and thirty-two others voting against it.\nIn 1867, the first year of the Dominion, a new sphere of\nusefulness was opened up for Mr. Macdonald. He became\nPremier of the Province of Ontario, the head of a Coalition\nGovernment. For four years he laboured with diligence and\nability in the organization of the various departments of\nlegislation and administration. Too little praise has been\nawarded him for the energy and power he displayed during 530 TEE SCOT IN BRITISE NORTE AMERICA.\nthis period. Party feeling, however, had again grown high,\n^nd after the elections of 1871, finding himself in a minority,\nMr. Macdonald bade adieu to office for ever. He remained\nin Parliament, however, until his death, which took place on\nJune 2nd, 1872, at Cornwall. Mr. Macdonald was tall and\nspare in frame, and for many years suffered from lung disease. Considering the infirm state of his health, the vigour\nAnd strength he displayed were astonishing. That he possessed extraordinary administrative powers will be admitted\nby all parties. He was eminently blunt and straightforward\nin the expression of opinion, as became one of the good old\nHighland stock. Personally he attached to himself hosts of\nfriends; but politically, he was too independent to make a\ngood party leader. That his aims were upright, and his personal character singularly above the suspicion of public\nwrong-doing, is beyond dispute. At the time of his decease\nhe was \" the Father of the House,\" having sat in it continu-\nously for more than thirty years.\nThe next Scot of the first Union Parliament of 1841, who\ncalls for special mention, is the Hon. Malcolm Cameron,\nmember for Lanark. His father, Angus Cameron, was a hospital sergeant; he himself was born on the 28th of April, 1808.\nThe future Legislative Councillor had a somewhat romantic youth. In 1816, his father settled at Perth, where\nhe appears to have kept an inn. Perhaps it was there that\nyoung Malcolm acquired that distaste for the liquor traffic\nwhich made him so prominent an advocate of total abstinence later in life. When only twelve years of age he went\non a farm and kept the ferry across the Mississippi River.\nHe was thrown much into the company of Radical Scots, and TEE SCOT IN BRITISE NORTE AMERICA.\n531\nsoon imbibed their political opinions. On his father's death,\nhe obtained a situation at Laprairie, but, being badly treated,\nleft it in 1824, and made his way to Montreal in the depth\nof winter. On his arrival there with both cheeks frozen,\nhe was hired as a stable-boy, and thus earned enough to\ntake him home to Upper Canada. He now went to school\nand studied hard, shortly after being engaged as clerk in the\ndistillery of the Hon. A. Graham. Neither of his parents\nhad been intemperate ; but his mother had early trained him\nin the principles of total abstinence, and he was proof against\ntemptation. He spent four years in this place, occupying all\nhis spare time in study. In 1833, when on business, he visited\nScotland, and married his cousin, Miss McGregor, of Glasgow.\nThree years after, he was elected for Lanark in the Upper\nCanadian Parliament, and immediately took an active part in\nthe opposition to Sir F. Bond Head. He was a warm admirer\nof Lord Sydenham, and is said to have been offered the post\nof Inspector-General in the first Cabinet after the Union.\nUnder Sir Charles Bagot, he effected great improvements\nin Custom-house management as Inspector of Revenue, and\nbecame Assistant Commissioner of Public Works in the Bald-\nwin-Lafontaine Administration of 1848. He was subsequently made President of the Council. In the Tachd-Morin\nGovernment of 1853, he served as Postmaster-General, and\nafterwards as Minister of Agriculture. Mr. Cameron sat in\nthe House for twenty-six years, and was elected ten times for\nvarious constituencies: Lanark, Kent, Lambton and Huron.\nIn 1860, he was chosen as representative of the St. Clair\nDivision in the Council. Mr. Cameron withdrew from KM.\nTEE SCOT IN BRITISE NORTE AMERICA.\npublic life on accepting the office of Queen's Printer, which\nhe held for some years. He subsequently offered as a candidate for one of the ridings of Ontario, but was defeated.\nMr. Cameron's connection with the press extended fitfully\nover many years. He founded the Bathurst Courier at\nPerth in 1834, and conducted it for three years; assisted\nin establishing the North American, edited by Mr. (the Hon.)\nWm. McDougall, as the organ of the i Clear Grits;\" and\nthe Hioron Signal, conducted with distinguished ability\nby Thomas McQueen at Goderich. Malcolm Cameron was\nproud of his success, and he had some reason for pride. He\nowed nothing to wealth or connections, but was strictly the\nbuilder of his own fortunes. His open, frank countenance and\ndemeanour won for him many staunch friends; his business\ntact recommended him to party leaders; and whenever the\nopportunity offered, he was a faithful and diligent public\nservant. In the temperance movement he was a host in\nhimself, throwing himself into it with more fervid enthusiasm\nthan into politics. He died at Ottawa at the age of sixty-\neight, on the sixth of June, 1876.\nAn account has already been given (p. 347) of Sir Allan\nMcNab's early life and military career. It only remains to\nsketch briefly his political life. A staunch Conservative, from\nfirst to last, he was not a blind partizan; for, on more\noccasions than one Sir Allan proved his independence, and\nalso a ready willingness to acknowledge mistakes, as in the\nMackenzie case. His first connection with political life was,\non the surface, ill-omened; but in reality the first step to\nsuccess. In the year 1829, he was examined before a com- TEE SCOT IN BRITISE NORTE AMERICA.\n533T\nmittee of the Assembly, in the matter of the | Hamilton outrage \" already referred to. Dr. Rolph submitted an awkward\nquestion which Mr. McNab refused to answer. This being\nreported to the House, Dr. Baldwin moved that he had been\nguilty of contempt, and Mr. Mackenzie followed up this\nmotion by another, that the witness be committed to gaol\nduring pleasure. Of course he remained there until the\nclose of the session; but at the general election, 1830, he was\nreturned for Wentworth with the Hon. John Wilson, as colleague. Up to the time of the Union he sat for the same constituency, and during the last House was its Speaker.\nIn 1841, he contested the city of Hamilton, with the Hon.\nS. B. Harrison, Lord Sydenham's chief Minister, defeated\nhim, and continued to represent that city until his retirement in 1857. At the time of the Rebellion he was Speaker,\nand went into the field in command of \" the men of Gore\"\u2014\nthe name of the district of which Wentworth and Hamilton\nformed part. To the affair of the Caroline allusion has\nalready been made; it is only necessary to add that Mr.\nMcNab was knighted for his services during the insurrection. He soon after became Queen's Counsel, and conducted\nCrown business at county assizes. In Parliament after the\nUnion, he was a determined opponent of the'Government,\nand for a time allied himself with the French Canadians\nagainst the Government and the Governor. He had been\ndefeated- in the struggle for the Speakership, and felt somewhat sore at the time. In September, 1842, the Conservative members of the Cabinet resigned, and the party united\nunder Sir Allan in opposition. Then followed the Metcalfe\nperiod, and after the elections of 1844, the result of the Gov-\nI TEE SCOT IN BRITISE NORTE AMERICA.\nernor-General's personal exertions became apparent; since the\nmember for Hamilton was elected Speaker, notwithstanding his ignorance of the French language, in preference to Mr.\nMorin. In 1848, Sir Allan once more found himself leader\nof the Opposition, and next year took an active part in the\nstruggle against the Rebellion Losses Bill. When Lord\nElgin appended his signature to it, the embittered party despatched their leader to England to secure, if possible, the\ndisallowance of the Act; but he failed. On the defeat of\nthe Hincks-Morin government in 1854, Sir Allan became\nPremier, with Mr. Morin as his chief Lower Canadian colleague in a coalition ministry. In 1855, Sir Etienne Tache'\nsucceeded to the Lower Canada leadership, and in 1856, Sir\nAllan I not willingly,\" says Mr. Fennings Taylor, but from\nsome' differences of opinion with his colleagues, resigned.\nThe ostensible cause was the failure of the government\nto obtain an Upper Canadian majority on the question of\nthe seat of government. On an amendment moved by Mr.\nHolton, Sir Allan had a gross majority of twenty-three, but\nfailed to secure a sufficient vote from the upper Pro-\nMessrs. Spence and Morrison at once resigned, and\nMr. (Sir) John A. Macdonald followed their example. Sir\nAllan McNab then retired, making way for his old colleague, the Attorney-General. That he was deeply hurt is\nshown by a remark made in the House that his colleagues\nhad shown a want of confidence in him. Next year disappointment or ill health,- perhaps both, led him to resign\nhis seat for Hamilton, with1 a view to taking up his perma-\n* Turcotte, ii., p. 293. The vote stood, Yeas, 70, nays,,47 : but of the forty-seven, thirty-\nthree were Upper Canadian members, whilst in the majority there were only twenty-seven. \u00a7s^^^^^^\nTHE SCOT IN BRITISE NORTE AMERICA.\n535\nnent residence in England.* His farewell address to the\nconstituency was written with much dignity and feeling.\nIt concluded with words which really disclose the brave old\nknight's generous but somtimes wrong-headed nature: \" One\nword before we part, and that is, if in times of trial and\ngreat excitement I have erred, I trust you will kindly ascribe\nit to an error of the head and not of the heart.\"*f* After his\nfutile contest at Brighton, Sir Allan returned to Canada, and\nwas elected to the Legislative Council for the Western Division in the room of Col Prince, who had accepted the office\nof judge in the Algoma District. In 1856 he had been raised\nto the baronetcy, and made aide-de-camp to the Prince of\nWales, in 1860. At the time of his death at Dundurn Castle,\nHamilton, on the 8th of August, 1862, he was Speaker of\nthe Upper House. Sir Allan makes a grand figure in early\nUpper Canadian history, and, with all his faults, mostly, as\nhe said, those of the head, his memory deserves to be held in\ndeep respect beeause of his singleness of purpose, his blunt\nhonesty and goodness of heart.\nThe Hon. William Morris, one of the Legislative Coun-\ncillors of 1841, has already been alluded to in connection\nwith the war (p. 364). In 1820, he became a member of\nthe Upper Canada Parliament, and in the same, year\nreceived a testimonial in plate from the Glasgow creditors\n* Mr. Taylor sayK \" In 1857\nHis battles and the gout\nHad so knocked his hull about,\nthat he left Canada.\" Portraits, p. 320.\nApropos of the gout, an authentic anecdote of Sir Allan McNab may be added. While\nhe and the late Chancellor Vankoughnet were fellow passengers on an Allan steamer, in\nwhat was supposed to be imminent danger of sinking, the knight, being unable to move or\naid himself on account of the gout, appealed to his friend's sympathy thus : \" My dear\nVan., I know you will not desert me\u2014let us go down together.\"\n+ Portraits, p. 320 : Morgan, p. 478. 536\nTEE SCOT IN BRITISE NORTE AMERICA.\nof his father as a mark of gratitude for the honourable manner in which he and his brother Alexander, who was in business at Perth, had discharged in full all the debts of the\nestate. Mr. Morris at once took up his position as champion\nof the Church of Scotland. He claimed, on its behalf, a fair\nshare in the Clergy Reserve fund, and, as we know, carried\nhis point. After being returned for Lanark, in 1836, he was\nelevated to the Legislative Council. In 1837, as already\nstated, he was active in reorganizing the county militia, foi\nthe spirit of 1812 was still strong in his bosom. Under Lord\nMetcalfe, during 1844-46, as Receiver-General, he approved\nhimself a \"valuable public servant.\" For the next two years,\nhe was President of the Council, and retired from public life\nwhen his party surrendered in 1848. In 1853, he was\nstricken down by a painful disease, which proved mortal at\nlast, and died at Montreal, on the 29th of June, 1858, leaving\nbehind him a spotless name for integrity, and a public and\nprivate record of which no Scot need feel ashamed.\nThe Hon. James Morris, a son of the Alexander mentioned\nabove, was also in the Assembly of 1841. | He was born at\nPaisley, in Scotland, in 1798, and was brought out to Canada\nwhen only three years of age. In 1837, he was returned to\nthe Assembly. In 1838 he was a commissioner on the St. Lawrence canals, and in 1844 became a member of the Legislative\nCouncil. Under Lord Elgin, in 1851, he served as Postmaster-\nGeneral\u2014the first who held the office after the transference\nof the postal revenues to the Province. Mr. Morris at once\nset himself to the work of reform. He visited Washington,\nand entered into a postal treaty with the United States.\nThe average rate of inland postage had hitherto been sixteen TEE SCOT IN BRITISE NORTE AMERICA.\n537\ncents; he at once established a uniform rate of five cents. In\n1853 and 1854, the hon. gentleman was Speaker of the Legislative Council, and in the two days' government of 1858,\nhe again occupied the same position. In 1864, Mr. Morris\nhad an important part in the negotiations which resulted in\nthe formation of the Coalition Government, but did not take\n\u2022office. He died at Brockville on the 29th of September,\n1865. A staunch Reformer, he was also a man of unblemished probity and considerable administrative ability.\nThe Hon. Adam Fergusson was one of the original Legislative Councillors from the Union. He never took office,\nbut will always be remembered in the western peninsula for\nthe stimulus he gave to rational and scientific agriculture.\nBorn at Edinburgh, in March, 1783, he was the son of Neil\nFergusson, of Woodhill. The family was of the old Highland stock, long established in Perthshire, and his farmer\ntastes were hereditary. Like his father, he became an advocate, as many of the gentry do in Scotland, without any\nintention of practising, His heart was in the country, and,\nfrom first to last, the land had the first place in his extra-\ndomestic affections. In 1833, he came out to Canada, and,\nin connection with Mr. James Webster, of Guelph, founded\nthe village of Fergus, in what is now the county of Wellington, at the junction of the Irvine and Grand Rivers. His\n-own residence was in the neighbourhood of Hamilton, where\nhe lived on an estate to which he naturally gave the name of\nthe property, held in right of his mother by his father, Neil.\nHe was known far and wide as \" the laird of Woodhill\"\u2014a\nlanded proprietor remarkable for his thorough acquaintance\nwith husbandry, as 'well as for his benevolent and generous 538\nTEE SCOT IN BRITISE NORTE AMERICA.\ndisposition. In person, he was tall, the picture of health\nand activity, and to the last he adhered to the old-fashioned\ndress which, a century ago, marked out the gentleman farmer.\nIn 1839, he was called to the Legislative Council of Upper Canada; in 1841, to the same body under the Union,\nand he continued to sit there up to the time of his death. In\npolitics Mr. Fergusson was a Whig at home, in Canada he\ncalled himself a Constitutional Reformer. He never tolerated,\nstill less advocated extreme measures although he invariably\nacted with the Liberal party.* Lord Sydenham found in\nhim an ardent supporter, and throughout his public career\nhe was a moderate Reformer. It is principally, however, as\nan agriculturist that he will hereafter be known. On the\nfirst Board of Agriculture he sat as a Director, and to him,\nwith others, is due the credit of establishing the Agricultural\nAssociation, of which he was repeatedly President. To him,\nalso, we owe the establishment of a chair of Agriculture in\nUniversity College, Toronto. He died on the 26th of September, 1862, highly respected by all who knew him. His\nson, Adam Johnston Fergusson, may be briefly noticed here.\nBorn at Balthay vock House, Perthshire, in 1815, he came out\nwith his father, in 1833, and became a barrister. In 1849,\nhe was returned for Waterloo, and in 1854 for the South\nRiding of Wellington, on the partition of the counties. In\n1860, he was elected for Brock Division to the Legislative\nCouncil, and, in 1863, succeeded Mr. Morris, as Receiver-\nGeneral. When the Cabinet was re-constructed, in May of\n*Mr. Fennlngs Taylor, to whose Portraits ,we are indebted for most of the facts here given,\nmakes the shrewd remark that \" the English Whig, like Colonel Prince, for example, will\ngenerally be found voting with Canadian Conservatives; while the Scotch Whig, like the\nsubject of our sketch, will as generally be found voting with Canadian Reformers.\" THE SCOT IN BRITISH NORTH AMERICA.\n539\nthat year, he became Provincial Secretary, and retained his\noffice until the fall of the Macdonald-Dorion Cabinet. In\n1862, he took the additional name of Blair, on coming into\npossession of the maternal estates. In 1866, he was once\nmore in office, replacing Mr. Brown, and in 1867, he became\na Senator and President of the Council in the Dominion\nCabinet. He died in office towards the close of the year.\nThe Hon. John Hamilton, \" the father of the Senate,\" still\nlives and attends punctually to his legislative duties. His\nfather, the Hon. Robert Hamilton, was, we believe, born in\nScotland. The Senator himself first saw the light at Queenston, Ontario, in 1801. His wife, one of the Macphersons of\nInverness, survived until 1873. Mr. Hamilton was president\nof the Commercial Bank for seventeen years, and also for\nsome time of the St. Andrew's Society of Kingston. Appointed to the Legislative Council in 1841, and to the\nSenate in 1867, he has now occupied a seat in one or other\nUpper House for forty years. He is still hale and hearty\nat the age of eighty years. Another veteran, who passed\naway some years since was the Hon. James Leslie. His\nfather, Capt. James Leslie, of the 15th Foot, was Assistant\nQuarter-Master in Wolfe's army at the taking of Quebec. Th e\nfuture Senator was born at Kair, Kincardineshire, in 1786, and\nreceived his education at Aberdeen. He was for many years\na merchant at Montreal. Served with the Montreal Volunteers during the war of 1812, and remained an officer until\n1862, when he retired as Lieutenant-Colonel, retaining his-\nrank.. Mr. Leslie represented Montreal in the Lower Canada\nAssembly from 1824 until the Union, and sat for Vercheres\nfrom 1844 to 1848, when he was called to the Legislative 540\nTHE SCOT IN BRITISH NORTE AMERICA.\nCouncil. In 1867 he became a Senator and remained a\nmember until his death. Mr. Leslie only held office during\na brief period, as President of the Council from March to September, 1848, and Provincial Secretary thenceforward until\nOctober, 1851. He died in 1873 at the advanced age of\neighty-seven.*\nOne of the most fiercely contested elections in 1841 was\nthat of Toronto. The candidates were Henry Sherwood and\nGeorge Monro, Conservatives, and the Hon. J. H. Dunn and\nIsaac Buchanan, Liberals. There was thus a Scot on each\nside. Mr. Monro, who only died a few years since, was a\nwell-known and highly respected citizen, who filled in Toronto the office of Mayor during 1840. On this occasion he\nwas unsuccessful, but he was returned for the third division\nof York, at a by-election, succeeding Mr. J. E. Small. He\nretained his seat, however, only until the election of 1847,\nwhen he was defeated by the late Chancellor Blake. The\nHon. Isaac Buchanan has made a more conspicuous figure in\npublic life. He was born at Glasgow on the 21st of Jul}',\n1810. His father was a merchant; but the son appears to\nhave been originally marked out for a professional career.\nHe was just on the eve of entering college when accident\nchanged the whole course of his life, and he entered the office\nof a mercantile firm. The father appears to have been somewhat disappointed; still, with the shrewd common sense of\nthe Lowland Scot, he yielded. Mr. Buchanan entered the\nservice at fifteen, and before he was twenty he had become\na partner and the whole of the Canadian department was\nLe Moine: The Scot in New France, Appendix C THE SCOT IN BRITISH NORTE AMERICA.\n541\nplaced under his control. In 1830 he removed to Canada,\nafter a short residence in New York. His first place of\nsettlement was Montreal; he then, in 1831, established a\nbranch in Toronto. The business was subsequently extended\nto Hamilton and London. The firm of Buchanan, Harris &\nCo. was soon well known by its success not only in Canada,\nbut in Great Britain. In politics Mr. Buchanan was extremely moderate. He had no sympathy with theRebellion,\n\u2022although he held strong opinions about the Clergy Reserves,\n-and was every inch a Reformer. In 1841 occurred the\nmemorable contest for Toronto, already alluded to. Those\nwho remember it are never tired of recalling the stirring\nincidents of the time. Political passion rose to fever-heat,\nAnd not a little violence was the result. In those days party\ncolours were worn, and processions with bands formed a\nsalient feature in the canvass. There was only one polling-\nplace, and it was kept open for the reception of votes from\nnine on Monday morning until five on Saturday evening.\nDuring the whole of that interval the old-time weapons of intimidation and violence were kept in use, as well as another\nwhich we can hardly flatter ourselves the country has yet\nrelegated to the museum of political curiosities\u2014bribery.\n\"Who is this Mr. Buchanan?\" asked a placard, and answered its own question, \" He was only a shop-boy the other\nday.\" Mr. Buchanan knew how to turn this reproach to\naccount. Holding up the placard in his hands, he exclaimed\nfrom the hustings : | These gentlemen,\" pointing to his opponents, I accuse me of being one of yourselves.\"\nThe result of the struggle was the return of Messrs. Dunn\nand Buchanan. The latter had no personal object to serve 542\nTEE SCOT IN BRITISE NORTE AMERICA.\nin entering the House. On the contrary, he became a candidate at considerable sacrifice of private interests. At the\nopening of the canvass he had publicly offered to retire in\nMr. Sherwood's favour, if he would only pledge himself to\nvote for responsible government. So far from being an extreme partisan, he presided at a dinner given to Sir George-\nArthur, the Lieutenant-Governor, who was a staunch Conservative. His short career as a legislator\u2014for he resigned\nearly in the Parliamentary term\u2014was marked by sturdy\nindependence. In 1844 he remained aloof, although his-\nsympathies appear to have been given to Lord Metcalfe. In\n1854 he unsuccessfully contested Hamilton with Sir Allan\nMcNab; but in 1857, on the gallant knight's retirement, he\nwas duly elected for that city, and again in the years 1861\nand 1863.\nMr. Buchanan supported the Macdonald-Sicotte Cabinet,\nvoting with the minority against Mr. J. A. Macdonald's\nmotion of non-confidence. But on a similar motion in 1863\nagainst the Macdonald-Dorion government, he voted yea.\nIn 1864 he entered the Tache*-Macdonald coalition as President of the Council, but made way for Mr. Brown in the\nsame year. In 1865 he retired from Parliamentary life, and\nwas succeeded by Mr. Chas. Magill. Space will not admit\nof an extended sketch of Mr. Buchanan. To do him full\njustice, it would be necessary to give an exposition of his\nviews on the tariff and the currency. From early life up to\nthis moment, he has been a busy man, endowed with singular\npower of character and indomitable perseverance. It will\nbe matter of surprise to most readers to find that so little\nadvantage has been taken of his rare business and adminis- TEE SCOT IN BRITISE NORTE AMERICA.\n545\ntrative abilities. That he would have been no mere fio-ure-\nhead in a working department of government is clear from\nthe record of his whole life. Perhaps the strong will which\nchafes at routine, the love of carrying out cherished convictions on subjects of public importance, and a certain want\nof pliability in his moral texture, had something to do with\nthis apparent neglect. However this may be, Mr. Buchanan,,\nas the builder-up of his own fortunes, is a man of whom any\ncountry may be proud. He has never preferred self to principle, place to the manly independence which he most deeply\nprizes. Whether one agrees or not with his opinions on.\ncurrency or other matters, there is no mistaking the sterling\nearnestness and single-mindedness of the man. It is pleasing\nto record that now, although he has passed the allotted span\nof three score and ten, Mr. Buchanan is still in full vigour,\nactive and combative yet, as he was forty years ago when\nhe fought the Family Compact in its stronghold at the chief\ncity of Upper Canada.\nIn what may be termed Sir Charles Metcalfe's Parliament\nof 1844, we find, for the first time, the name of John Alexander Macdonald, as member for Kingston. The. future-\nPremier of the Dominion deserves a larger notice than circumstances will admit of in this work; still it may be possible, within reasonable compass, to give a sketch of the-\ncareer and salient characteristics of a statesman who, at this\nmoment, occupies the most prominent position in the Government of Canada,* The difficulties inseparable from such\n* The writer has drawn upon Fennings Taylor: Portraits, p, 25; Morgan: Celebrated\nCanadians, p. 581; The Canadian Portrait Gallery, edited by J. C Dent, vol. 1, p. 5;\nWeekly Globe, Jan. 28th, 1876; The Canadian Parliamentary Companion, and the general histories and writings of the period. 544 THE SCOT IN BRITISE NORTE AMERICA.\nan undertaking are by no means small. Most of the biographies already published are loudly eulogistic or largely\ncaustic. Yet it would seem possible to give a fair account of\nthe subject, without yielding to the temptations of partisan\nprejudice. Sir John A. Macdonald was born in Sutherland-\nshire, Scotland, on the 11th January, 1815. When he was\nonly in his sixth year, his father, Mr. Hugh Macdonald,\nremoved to Canada, and settled in business at Kingston.\nThere the son was educated at the Royal Grammar School,\nunder Dr. Wilson, and Mr. Baxter. It is noted that at school\nhe was a proficient in mathematics, but\" gave no promise of\nfuture eminence in any walk of life. Having determined\nto study law, he entered the office of Mr. George Mackenzie,\nand was admitted to the bar, at the age of twenty-oney in\nthe year 1836. His eloquent defence of Von Schulz, the\nleader of the rebels at the Windmill affair, first brought him\nbefore the public; and in 1846 he became Queen's Counsel.\nIn 1844, as already mentioned, Mr. Macdonald was elected\nfor Kingston, and continued to sit for it under the Union,\nand after Confederation, until 1878, when, for the first time,\nhe suffered defeat. In the Assembly of 1844, the new member appeared as a Conservative supporter of Lord Metcalfe.\nHis party considered that Messrs. Baldwin and Lafontaine\nhad misconstrued the principle of responsible government,\nand were bent upon utterly destroying the prerogatives of\nthe Crown. It is impossible to conjecture what might have\nhappened, had the Governor-General failed to carry the\nelectorate with him at this crisis. The probability is that\n\"he would at once have thrown up his commission; if not, he\nmust certainly have been recalled. All, however, went on TEE SCOT IN BRITISE NORTE AMERICA.\n545\nswimmingly; his Excellency had a good working majority\nin the House, and had already obtained a Ministry after\nhis own heart. Sir Allan McNab was elected Speaker of the\nAssembly. Mr. Baldwin moved several amendments to the\naddress, in one of which he directly proposed a censure upon\nthe Governor and his advisers. This amendment was lost\nby a vote of forty-two to thirty-six*\u2014Mr. J. A. Macdonald\nvoting with the majority. This Session was the first\nheld at Montreal, whither the seat of Government had been\ntransferred from Kingston. The Governor-General was\nraised to the peerage shortly after, under the title of Baron\nMetcalfe.\nDuring his first Parliamentary years Mr. Macdonald in-\ntraded himself but seldom upon the attention of the House.\nLike a prudent politician who aims at future success in\npublic life, he was content to serve his apprenticeship, by\nnoting all that went on around him with that keen insight\ninto men and measures which has characterized him throughout his long career. In 1847, he was called upon to accept\nthe Receiver-Generalship, in the Sherwood-Daly administration. On this occasion he was only ten months in office.\nThe general elections of 1847-8 caused a total bouleverse-\nment. The first contest took place upon the Speakership.\nThe Conservative candidate was Sir Allan McNab, the\nformer Speaker; Mr. Morin was put forward by Mr. Baldwin\nand the Reformers. The latter was elected by a vote of\nfifty-four to nineteen. A vote of non-confidence was carried\nby a similar vote, and Mr. Macdonald, with his colleagues, 546 TEE SCOT IN BRITISE NORTE AMERICA.\nfound themselves out of office. During the heated discussions on the Rebellion Losses Bill, Mr. Macdonald spoke with\nvehemence against the measure. But parliamentary opposition was of no avail, and the measure passed by a large\nmajority.\nSo soon as thisstormhad blown over,Mr.Macdonaldsethim-\nself to work at the task of party organization. Circumstances\nunquestionably favoured his efforts. The retirement of\nMessrs. Baldwin and Lafontaine was the signal for a schism\nin the Reform ranks. Mr. Brown entered Parliament at this\ntime, and, with that inflexible sense of principle which always swayed him, proclaimed war to the uttermost against\nReformers, who, in his opinion, had proved false to reform\nprinciples. For some time the strange spectacle was seen of\nan Opposition coalition between the Conservatives and the\nrecalcitrant Liberals. In 1854, Mr. Cauchon moved an\namendment on the Address, to which a further amendment,\nfriendly, not hostile, was moved by Mr. Sicotte. The latter\nwas earned by a vote of forty-two to twenty-nine. The division list shows that politics, like adversity, sometimes\nbring strange bed-fellows together. In the majority were to\nbe found Messrs. Brown and J. A. Macdonald, Mr. W. L.\nMackenzie and Sir Allan McNab, Mr. Sandfield Macdonald\nand Mr. Murney. The immediate cqnsequence was a dissolution. The results of the Opposition compact were soon to\nappear.*\n* During this debate, Mr. Macdonald made a trenchant attack upon the Ministry, from\nwhich two sentences may be quoted; \" It was well known that the system of the present\nGovernment had been that of a most rampant corruption, and, appealing to the most sordid and the basest motives of men: in every part of the country their money was for use, and\noffices were offered in return for. offices brought to their aid. . . Now, a Government TEE SCOT IN BRITISE NORTH AMERICA.\n547\nThe Government candidate, Mr. Carrier, was rejected by\na majority of three, and Mr. Sicotte chosen by a large\nmajority. So the Hincks-Morin Government passed away.\nEvidently no resource was open to the leaders other than a\n\u2022coalition. Sir Allan McNab was therefore chosen as Upper\nCanada chief of the Cabinet, whilst Mr. Morin, who continued to possess the confidence of his. own section remained\nin office. Of this administration, Mr. J. A. Macdonald was\nthe Attorney-General, West. The Reform element was represented by Messrs. Spence and Ross, the latter a son-in-law of\nMr. Baldwin; but the new Upper Canada Reformers, \"Clear\n\u2022Grits,\" as they were termed, were left out in the cold, and\nopposed the new Government as vigorously as they had opposed its predecessor. In 1855, the personnel of the Ministry was changed, so far as Lower Canada was concerned,\nMessrs. Carrier, Cauchon and Lemieux coming in, and Messrs.\nMorin, Chabot and Chauveau retiring. The policy of the\nadministration, however, remained the same, and to it the\ncountry owes two great measures of reform, the secularization of the clergy reserves and the abolition of the seigno-\nrial tenure in Lower Canada. In both cases, vested interests\nwere conserved or paid for, and two subjects which had\nvexed Canadian political life for many years were removed\nfor ever from the arena.\nThus an Administration, for the most part Conservative,\nhad successfully accomplished the settlement of the two most\nserious questions before the public\u2014after the Reform party\nshould be free from suspicion, and should feel a stain on their escutcheon like a wound on\ntheir person.\" And, again: \"There may be Walpoles among them; but there are no\nPitts; they are all steeped to the lips in corruption; they have no bond of union, but the\nbond of common plunder.\" 548\nTEE SCOT IN BRITISE NORTH AMERICA.\nhad given them up in despair. There can be little doubt\nthat to Sir John Macdonald must be attributed the education of his party on the subject of the reserves. Many of\nthem, no doubt\u2014including Sir Allan McNab\u2014took part in\ntheir secularization with reluctance. But the Attorney-\nGeneral saw, with that unerring prescience which has always been a salient characteristic of his political, type and\ntemper, that the popular demand could be resisted no longer.\nHe has often been compared with the late Lord Beacons-\nfield, in personal appearance and political idiosyncrasy.*\nWhatever likeness there may have been in the former respect, there is certainly some reason for tracing the analogy\nin public life. Sir John has been termed a Tory; but he\nnever really was one, in any strict sense. Iso public man\nhas ever been more persistent and outspoken in the expression of his own views; yet he has always recognised the\ndemand for progress; in short, he is Liberal Conservative,\nready to adopt reforms when the country is ripe for them.\nInstead of the maxim, j Go a-head at all hazards,\" his motto\nis, \"Hasten, but [ hasten slowly' and deliberately, pari\npassu with public opinion.\" In a recent biography by no\nmeans favourable, as a whole, is recognised this distinguishing trait in his character; and it points, not only to the\nreforms already noted, but to the readiness with which he\naccepted the proposal to render the Legislative Council elec-\ntive.-f* In his own governmental department, the Attorney-\n* Mr. Taylor refers to a conversation with Mr. G. A. Sala, the London correspondent, at\nthe hall given to the Maritime Province delegates in 1864. \" Who la he?\" asked Mr. Sala,\nwhen Sir John entered the room. \" How like Disraeli,\" was his comment. \" A very remarkable man, I should think; one would enquire his name anywhere,\"\nt Canadian Portrait Gallery, i. p. 12. TEE SCOT IN BRITISH NORTH AMERICA.\n549\nGeneral was equally bent upon necessary reforms. To him\nwere due the Common Law Procedure Act, the remodelling\nof the County Courts, and other purely legal improvements.\nNo Government, perhaps, within living memory, placed so\nmany valuable measures on the statute-book as this one; for,\nin spite of modifications, it was substantially the same from\n1854 onwards. The merit, as well as the responsibility incurred, belongs, in great part, to Sir John Macdonald, who\nwas at once the head and the soul of the Cabinet.*\nDuring the period immediately under review, three elements of discord, not by any means connected together, were\nintroduced. The railway era set in, and with it frequent\ncharges of corruption. \" My politics,\" Sir Allan McNab had\nsaid, \"is railways,\" and the projectors of lines beset the lobbies of Parliament. The Grand Trunk and the Northern\nlines, were the subjects of more than one investigation from\ntime to time. In the second place, there was a strong sectarian movement at work which evidently affected the electorate of Upper Canada. The Corrigan murder case^was,\nperhaps, one of the chief reasons for a crusade,'not indeed\nbegun then, but powerfully stimulated by that notable failure\nof justice. As early as 1854, the cry was raised against\necclesiastical corporations, separate schools, and other Roman\nCatholic institutions. Finally, the agitation for representation based on population made significant progress. Even\nbefore the results of the census of 1851 were made known,\nthe claim for increased Upper Canadian representation\n* A list of the legislative and administrative work accomplished by Sir John will be found\nin any late volume of the Canadian Parliamentary Companion.\n0 THE SCOT IN BRITISH NORTH AMERICA.\nwas raised. The western Province was reaping what it had\nsowed in 1841, when the equality system was established.\nIt had now the advantage of Lower Canada, both in respect\nto wealth and population, and demanded that the balance\nshould be at once redressed. Sir John Macdonald could not\nsee his way clear to the immediate adoption of the principle, because the preponderance of his own Province did not\nyet appear so marked as to call for re-adjustment in the.\nparliamentary system. Moreover, the Lower Canadians beheld in a maintenance of equal representation, the only\nsecurity for their laws, institutions, language and religion.\nAbstractedly viewed, they were: prepared to acknowledge\nthe justice of the demand; but they wanted guarantees for\ntheir cherished privileges as French Catholics.\nIt was evident from the first that, sooner or later, some\nchange was inevitable ; yet it cost years of heated agitation\nto secure the precise remedy needed under the perplexing\ncircumstances. Mr. Brown, with a western majority at his\nback, would have nothing but \" representation by population ;\" Mr. Sandfield Macdonald with a small band of f ol-\nowers, advocated the double majority; the mass of the Lower\nCanadian members with a minority from Upper Canada,\nvoted down both propositions, apparently because there\nseemed no tertium quid .which could satisfy both sections\nof the Province. To the Attorney-General West, the first\nnecessity appeared to be that of carrying on the Government.\nThere was no pretence that any Cabinet formed upon the\nlines laid down by Mr. Brown would carry a majority with\nit in the House or in the country. The Rouges or Liberal x^^\nTHE SCOT IN BRITISE NORTH AMERICA.\n551\nLower Canadians, were almost as unanimously opposed to\nthe new theory of representation as their Bleu opponents.\nThe Eastern and some of the Western members from Upper\nCanada occupied the same position; and there was nothing\nhopeful in an agitation which, at best, promised only a\ndead-lock. This was the Liberal Conservative view of the\nsituation; the other side will be displayed when we come to\ntreat of Messrs. Brown, Mackenzie, and their friends.\nBut whilst, on the cardinal issue, there was not much\nhope of a satisfactory adjustment of rival opinions, there\nwere side questions which threatened to put the existence of\nthe Government in jeopardy at any moment. In November,\n1857, on the retirement of Sir E. Tache, the Attorney-General West became Premier in name as well as in fact, and\nthe struggle was at once precipitated. At the general election in that year, the Reform Opposition received considerable accessions to its strength, numerical and other. Mr.\nBrown was returned for Toronto as well as North Oxford,\nand a number of able coadjutors found their way into Parliament at the same time, amongst them Messrs. T. D'Arcy\nMcGee, Mowat, Connor, Wallbridge, and, shortly after, Mr.\nMacdougall who was returned for Mr., Brown's Oxford seat.\nOn the representation question, the Opposition leader only\nmustered thirty-two on a division. Messrs. J. H. Cameron,\nBuchanan, and Malcolm Cameron voted nay, not because\nthey opposed the principle, but because they considered its\ndiscussion premature* The Lower Canadian members\ngrounded their resistance to the proposal of Mr. Brown upon\nTurcotte, 11. p. 333. 552\nTHE SCOT IN SRITISE NORTH AMERICA.\nthe assumption that the settlement of 1840 was in the nature\nof a federal compact, which must be adhered to, with the\nalternative of a dissolution of partnership.\nA more favourable opportunity for overthrowing the Macdonald-Carrier Government occurred on the seat of government question. The conflicting claims of Quebec, Montreal,\nOttawa, Kingston and Toronto had led Parliament to cut\n7 \u00a9\nthe gordian knot by referring the question to the Queen.\nChiefly from strategic considerations, Ottawa had been\nselected, and then an opportunity was open to all the expectant capitals to unite against the Government. The\nsingle claim of any one city was readily disposed of; but\nwhen all united upon Mr. Piche\u00b0s amendment th^t \" in the\nopinion of the House, Ottawa ought not to be the seat\nof Government,\" all the recalcitrants could make common\ncause, and the amendment was carried by sixty-four to fifty.\nOf course this was, in no sense, a party vote ; still, Ministers\nregarded themselves as in honour bound to adhere to the\ndecision of the Crown, after Parliament had deliberately\ninvoked it, and at once resigned.\nThen followed the episode of the Brown-Dorion Government which only lasted from August 2nd to 4th. To it a\nreference will be made in a sketch of its Premier. Mr.\nBrown resigned, because the Governor-General, Sir Edmund\nHead, refused a dissolution. The House had, in the meantime, passed a vote of non-confidence, in the absence of\nMinisters, and there was nothing to prevent the old Government returning to office. The necessity of going back to\ntheir constituents, however, was a disagreeable one, and \u25a0TEE SCOT IN BRITISH NORTH AMERICA. 553\nwhat has been called \"the double shuffle\" was resorted to.\nThe members of the Macdonald-Cartier Cabinet accepted\ndifferent offices from those previously occupied; then resigned these, and re-occupied their old positions, the name\nof the Administration only being changed to that of the\nCartier-Macdonald Government. This was done, under colour\nof an Act, certainly intended to apply only to mere casual\ntransfers from one office to another. According- to the text\nof the statute, however, any member resigning an office and\nwithin a month accepting another, was freed from the necessity of seeking re-election; and there was certainly no\nlimit put to the number of those who might so pass from\none office to another. If one, why not twelve | It was the\ndouble* resignation of office and return to it which certainly\nappeared to shock the moral sense of the community. A bi=\nographer says, and we can readily believe his statement, that\nSir John Macdonald was entirely opposed to the \" shuffle,\"\nand only yielded, contrary to his own judgment, when he\nfound his colleagues bent upon it. At all events the Legislature and the judges in both Superior Courts of common\nlaw sustained the Ministers, and the affair'blew over. *\nIn 1859, the question of the seat of government necessarily presented itself once more. Mr. Sicotte had left the\nCabinet, because he differed from his colleagues on the subject, and the adverse vote of the previous session remained\non the journals. Some of the members of the former majority, however, were brought over, and the Ministry triumphed\n* Legislative Assembly Journals, 1858. pp. 973-6,1001; Upper Canada Q. B. Reports, xvil.\np. 310 ; C. P. Reports, vlli. p. 479\u2014cited by Todd : Parliamentary Government in the\nBritish-Colonies, p. 537, n. TEE SCOT IN BRITISH NORTH AMERICA.\nby a majority of five. The discussion throughout is a salient example of the dangers always imminent when local\ninterests are temporarily united on the surface, even though\nthey are diametrically opposed to each other at bottom.\nThe only striking event of the Session was the refusal of the\nLegislative Council to adopt the Supply Bill, by a majority\nof three. The excitement over this novel coup lasted but a\nshort time, for the vote was soon after reversed, and the\nBill carried by a majority of four.\nDuring the next Session, several attempts were made to\noust the Government, on the Budget. A motion of non-confidence was moved, and lost by seventy to forty-four. In\nMay of that year, Mr. Brown introduced the subject of a\nFederal Union between the two Provinces, in the form\nof resolutions; but the first was lost by sixty-seven to twenty-\nsix, and the second by seventy-four to thirty-two, only four-\nLower Canadians supporting the project in its entirety. So\nfar Sir John Macdonald and his colleagues had triumphantly pursued the path they had marked out for themselves ;\nbut, in 1861, signs of party dissatisfaction manifested themselves with unmistakable clearness. Mr. Sicotte had formally\njoined the Opposition, and, as the census returns came in, the\nrepresentation question once more occupied the attention of\nParliament. Mr. Sandfield Macdonald submitted the double\nmajority principle to a vote, but was defeated by sixty-four\nto forty-six. On a direct vote of non-confidence, Ministers\nagain succeeded, but their majority was reduced to thirteen. Mr. Ferguson, a Conservative member,' then introduced a Bill to apportion the representation according to\npop-Jjfetion. A prolonged discussion ensued, in which Attor- ^*^^\"\u00ab^^^\u00ab^^^\"^^^^^^^^M\nTHE SCOT IN BRITISH NORTH AMERICA.\nooo\nney-General Macdonald took a prominent part. He said he\nopposed the project before and should do so on this occasion.\nHe believed that the measure simply meant the overthrow\nof the existing Union, because Lower Canada would never\nconsent to it. The Opposition could not hope to come into\npower without abandoning the principle of representation\naccording to population. In 1858, they had abandoned it,\nand in the Toronto Convention of 1859 they had deliberately\nchosen another remedy. In his view the only solution of\nthe problem was to be found, in a federal union of all the\nBritish North American Provinces. The Bill was thrown\nout by a vote of sixty-seven to forty-nine, only one Lower\nCanadian membei*, Mr. Somerville, voting with the minority.\nThe Session was an exceedingly barren one in legislation, so large a part of it having been taken up in constitutional debates.\nSome notable changes were effected by the general election of 1861, Messrs. Brown, Dorion, Lemieux, and Thibau-\ndeau, on the one side, and Messrs. Sidney Smith, Gowan and\nMorrison on the other, found themselves without seats. The\nMinistry itself underwent some modification; but it still\npossessed a majority. On the vote for Speaker, the Government candidate was elected by a majority of thirteen on the\n20th of March, 1862. % Mr. Macdougall proposed an amendment to the Address in favour of representation by population ; but it only received the votes ol forty-two, all Upper\nCanadians. But in May, the Opposition from both sections of\nthe Province, found a common platform on the Militia Bill,\nand succeeded in securing its rejection at the second reading\nby a vote of sixty-one to fifty-four. The Government re- -t*l\nTHE SCOT IN BRITISH NORTH AMERICA.\nsio-ned, and the Macdonald-Sicotte Cabinet was at once\nformed. Representation by population was abandoned, and\nthe double majority, in sectional matters, made the cardinal\nprinciple in legislation. An account of the new administration\nhas already been given in the sketch.of its Premier. It\n\u25a0J o\nneeds only to be remarked here that when Mr. Dorion.was\nsubstituted for Mr. Sicotte, the double majority principle was\nfinitively given up, and representation by population left\nan open question. In 1864, Sir John returned to office with\nSir E. P. Tache' as his chief. Then followed the dead-lock\nalready alluded to, and the formation of the Coalition Cabinet and Confederation. We are not called upon to apportion the relative shares of the men who\" had the merit of\nthus extricating the Province from a painful dilemma.\nThe leaders on both sides felt that the time had come when\nsome remedy must be found for the chronic ailments of the\nbody politic. The Conservative leader's part in the negotiations was an extremely honourable one, and it is certain\nthat his tact, ability and address were never shown to greater\nadvantage than at this period. On July 1st, 1867, the Dominion came into being, and Sir J ohn Macdonald found himself once more Premier, this time of a larger Canada than before. There for the present we may leave him, at the head\nof public affairs. In a future chapter, his subsequent career,\nso far as it can fairly be the subject of contemporary review\nin an impartial spirit, may be traced. The prominent features of his character, however, lie before us even now, at\nthis stage.\nWhatever may be said of his political course, it is certain\nthat the Premier possesses some of the best qualities of a THE SCOT IN BRITISE NORTE AMERICA.\nOOl\nstatesman of the first rank. Allusion has been made to his\nwonderful power of adaptability to the needs of the time, as\nthey . successively forced themselves upon his notice. No\npublic man in Canada has ever displayed greater acuteness\nin divining clearly the duty which lay immediately before\nhim. Possessed of an insight into most men and subjects,\nalmost instinctive, he has never been either a fossil Tory or\nan impracticable Radical. Possessed of no small power of will,\nand capable of fervent adherence to cherished ideas, Sir.\nJohn has never failed to yield to the necessities of the case,\nwhen once his reason, foresight, or what you will, yielded to\nthe logic of facts. Rigid partisans, who pride themselves'\non consistency call this flexible temperament by the invidious phrases, pliability or indifference to principle. But\nthat is simply because they fail to occupy the same standpoint, and survey public measures over more contracted areas.\nAfter all, the statesmen who have left their mark on the\nworld's history, have been the least consistent of the tribe ;\nand it may well be doubted whether any public man can\nhope to rise above mediocrity who looks within to the exclusion of what lies about him. To a greater or less extent,\n& leader cannot successfully command, unless he is also content to be a follower. He merely guides, shapes and measurably alters the course of the ship of state, but supplies\nnone of its motive power. To recognise what is possible, to\nseize- the changeful currents of progress and pass safely by\nnavigable channels is his function; the impulse comes from\nwithout, and he best discharges his duty as a statesman who\nmost clearly divines the possibilities at any crisis of affairs.\nIt is to Sir John Macdonald's credit that he has never\n'III 558\nTEE SCOT IN BRITISE NORTE AMERICA.\nnailed the rudder, or fastened down the safety-valve. Temperate in his views, he has always been in a position to-\nyield to arguments drawn from clear and pressing exigencies,.\nand with all the failings that may be properly laid to his-\ncharge, he has never for a moment been a self-seeker at the\nexpense of his country. Mr. Fennings Taylor quotes from\na speech by Sir James Graham, in which he tells the electors-\nof Carlisle that the true test of a public man is whether he has-\nbeen governed by avarice or ambition at the expense of the-\npeople* Sir John Macdonald is certainly a poorer man to-day\nthan he would have been had he never passed the bar of the-\n' House. Thoroughly unselfish, he has always devoted himself to the public interest, as he understood it. Asa man,,\nthere is no better-hearted or more genial friend, or companion now in public life. Apart from political differences, it may\nsafely be affirmed that he has no personal enemy. His-\nspeeches are fluent, sometimes tumultuously rapid, and delivered with that sort of impetuous fervour natural to one\nof his temperament. He can hardly be styled an orator-,\nyet few men are equipped so fully with an almost magical\npower of steadying waverers, and startling opponents. Endowed with a singularly mobile temperament, he has always-\nknown how to adapt his speech to the audience and to the-\ntime. Fertile in illustration, fruitful in ready. wit and\nhappy retort, Sir John has always proved a formidable rival\nin debate. Others may have risen to higher levels as mere\nI \" I tell you, not for myself, but for public men, and in the interests of the public, do-\nnot pry too closely into the flaws of character of public men ; do not hunt too closely into\nevery particular of their conduct, but look to the general tenor of their lives. Try them by\nthis test: Has avarice or ambition misled tnem from the paths of public duty ? Have they\ngalned honours and.advantages for themselves atthe cost of the public ? Try them by that\ntest.\" TEE SCOT IN BRITISE NORTE AMERICA.\n559\norators; he has proved himself a match for every competitor in the unstudied point, pith and vigour of his addresses.\nAt times, he has seemed to rise above himself when the occasion, called for unusual effort, and proved that it is possible\nfor him to be truly eloquent, whenever his powers have been\nfully drawn upon, and strung up to the top of their bent.\nHow far these unwonted bursts of oratorical power have\nbeen the result of art, adroitly concealed, it is difficult to say.\nCertainly Sir John has triumphed most decisively when he\nhas carried the House or the people with him by their firm\nbelief in the perfect spontaneity of his eloquence. It is no\npart of our duty to hold the balance between the Premier\nand his political opponents ; but even the latter will admit\nthat a man who has so triumphantly vindicated his title to\nbe a leader of men during over thirty years must possess\nabilities of a high and rare order. It may be added that the\nDominion could miss none of its public men who would\nleave so universally recognised a gap in the ranks as Sir\nJohn Macdonald. When the time, which one may fairly\nhope is far distant, when his epitaph must be inscribed by\nthe historian's pen ; when the heated passions of the day are\nchilled by the dank atmosphere of death, the services of Sir\nJohn will be rated at their just value. His title as Knight\nCommander of the Bath was granted for his services at Confederation, although, perhaps, from habit, we have alluded\nto him prematurely by the name he now bears. He is also-\na member of -the Imperial Privy Council, a D. C. L. of Oxford, an LL. D. of Queen's; wears also the insignia of a Spanish Order. 560\nTEE SCOT IN BRITISE NORTE AMERICA.\nJohn Hillyard Cameron, better known on the whole as a\nlawyer than a politician, nevertheless filled no inconspicuous\nposition in public life. He was born at Blandesque, near St.\nOmer, Pas de Calais, France, on the 14th April, 1817* His\nfather, Angus Cameron, belonged to the 79th Highlanders,\n.and the son was born during the occupation of France by\nthe allied armies. The family was purely Highland, hailing\nfrom Glennevis, Inverness-shire. Mr. Angus Cameron had\nseen active service both in the Peninsula and at Waterloo.\nIn 1825 he removed with his family.to Canada, and became\n\u2022Captain and Paymaster of the Royal Canadian Rifles. John\nHillyard Cameron entered Upper Canada College in 1831,\n.and whilst there carried off some of the highest honours in\nthe gift of that institution. There was no University in\nthose days; the next step, consequently, was his preliminary\ntraining for a profession. Mr. Cameron studied law first\n\u2022under Attorney-General Boulton, and subsequently under\nMr. J. S. Spragge, until lately Chancellor and now Chief\n\u2022Justice of Ontario. With the latter, on his call and admission, he entered into partnership, and commenced a brilliant\ncareer in the profession of his choice. From a very early\ndate Mr. Cameron made his mark, notwithstanding the eminent rivals with whom he had to compete. In 1843 the\nlaw reports were committed to his care, and for some years\nhe laboured at a digest of Upper Canadian precedents. He\nwas, in fact, the first compiler of regular legal reports. In\n1846 he was appointed a bencher of the Law Society, Queen's\nCounsel, and Solicitor-General. Soon after Mr. Rolland\n* Morgan gives Beaucaire, Languedoc, as his birthplace; but the statement In the text,\nwith other biographical data, was kindly furnished us by Mrs. Hillyard Cameron. Islillsssslss\nTEE SCOT IN BRITISE NORTH AMERICA.\n561\nMacdonald resigned his seat for Cornwall, upon which Mr.\nCameron was returned by a considerable majority over Mr.\n.Mattice, a resident candidate. In 1847, when his chief, Mr.\nDraper, retired to the bench, the Attorney-Generalship was.\noffered to him; but he declined, urging the claims of Mr..\nSherwood. As some reward for his disinterestedness and\nconsideration for his party, he was made a member of the\nExecutive Council contrary to established usage. In 1848\nhe went out of office with his party, and never again entered it.\nIn the year 1851, he was not a candidate for re-election ;\nbut in 1854 he was returned for Toronto, with Mr. Bowes as.\nhis colleague. Again, in 1857, he declined re-election; but,.\nin 1858, he opposed Mr. Brown, who had vacated the seat\non his appointment to office, but was defeated by a considerable majority. In 1861, he was elected for Peel, and retained\nthe seat until 1872, when he failed again, but was soon\nafter returned for Cardwell, which he represented until his.\ndeath. At the crisis in the McNab Government, Mr. Cameron was strongly pressed by a large section of the party as.\nthe gallant knight's successor, but the movement was unsuccessful, and Mr. J. A. Macdonald succeeded to the vacant\nplace. As a lawyer, the hon. gentleman was\/ociZe princeps.\nHis opinion was eagerly sought for when any legal knot required untying, and his success with juries was proverbial.\nAs a speaker, when thoroughly aroused by the subject, Mr..\nCameron had few equals. There was a fervour and an\nearnestness in his oratory which never failed to fascinate from\nhis admirable language and impressive delivery. During his\nlife, Mr. Cameron filled innumerable positions in the city of 562\nTHE SCOT IN BRITISH NORTE AMERICA.\nToronto: in the volunteers, in joint-stock companies of\nvarious sorts, in the Universities, and.in the Church Synod.\nOne cannot help thinking that much of the energy which.\nmight have been of essential service to his country was, to a\ngreat extent, dissipated by these multifarious occupations.\nThere was one obstacle, however, to Mr. Cameron's success\nas a statesman. He was unyielding in principle, and, unfortunately, represented the losing side in politics. A staunch\nConservative of the old school, he opposed to the last the\nsecularization of the reserves, and the elective principle as\napplied to the Legislative Council. On the other hand, he\nstrongly advocated equal representation at the proper time,\nand was staunch and faithful where the interests of his own\nProvince were concerned. His legal abilities were always\nat the service of the Church of England, and he was the\nright arm of Bishop Strachan in organizing the Synod and\nestablishing Trinity University. Mr. Cameron died at\nToronto .in the house in which he had so long lived, on the\n14th of November, 1876, in the sixtieth year of his age.\nIt may be well now to turn to the most prominent Scottish representatives on the Reform side. The Hon. George\nBrown has been so recently removed from our midst, under\ndeeply tragical circumstances, and his long and eventful\ncareer presents so many points for controversy that it is an\nexceedingly delicate task to undertake even a slight sketch\nof his life and public services. Mr. Brown represents a class\nof statesmen whom it is most difficult to appraise at their\n'just value, because of the warp of partizanship on one side\nor the other. A public man of strong will, high principle,\nand indomitable energy will always be in the thick of the\nmm TEE SCOT IN BRITISH NORTH AMERICA.\n563\nfight, and at a moment when the smoke of the battle is\nyet visible between the spectator and the illimitable azure,\nthere is the present danger of misconception, even where\nnone is consciously intended. Some of the political episodes in Mr. Brown's life have been alluded to, with more\nor less fulness, in previous pages; but he was so marked\na figure on the public stage, during nearly thirty years,\nthat, at the risk of repetition, much of the ground must\nbe re-traversed.\nGeorge Brown\u2014as he was content to be known during\nhis life\u2014was born in the city of Edinburgh, in 1821. His\nfather, Mr. Peter Brown, whose snow-white hair and venerable form are not yet forgotten in Toronto, was a merchant,\nand had served, if we mistake not, as a \"bailie\" in the\nScottish capital. At the age of thirteen, like many of his.\ncountrymen, young George went to London to try his fortune, little dreaming that, thirty years after, he would repair thither, as a Canadian minister, to be presented at\ncourt. Up to the age of seventeen, he followed mercantile\npursuits; but business reverses had meanwhile overtaken his\nfather, and the family removed to New York in 1838. After\nfour years' indifferent success in trade, Mr. Peter Brown, in\n1842, established a paper in that city, entitled the British\nChronicle, intended to be the organ of British opinion in\nthe United States. The father, like his son, was a staunch\nloyalist, and he appears to have criticized American institutions and manners with a freedom not palatable to the New\nYorkers. While, in the commercial metropolis of the United\nStates, he published a work, entitled j The Fame and Glory 564\nTEE SCOT IN BRITISE NORTE AMERICA.\nof England Vindicated,\" as a reply to Lester's i Shame and\nGlory of England.\"*\nMr. George Brown pushed the circulation and advertising\nof the British Chronicle with untiring energy in the United\nStates, and was engaged in so doing when an event occurred\nwhich changed the current of his life. The disruption movement was going on in Scotland, and both father and son\nthrew themselves heart and soul with Dr. Chalmers and the-\nopponents of patronage in the Scottish Kirk. - The Clergy\nReserve question, in Canada, also attracted their attention,,\nand Mr. Brown went to Canada to extend the circulation of\nthe New York paper, early in 1843. The friends of the Free-\nChurch were anxiously looking for some able and vigorous,\njournalist to expound their views through the press. Mr.\nBrown appeared to be the very man needed. Moreover, the\nHon. S. B. Harrison had had an interview with him, and,,\nbeing astonished with the keen insight into the public affairs\nof Canada, acquired in so short a time, introduced him to\nMessrs. Baldwin and Hincks. The result of this visit was-\nthe appearance of the Banner at Toronto, on the 18th of\nAugust, 1843, instead of the New York British Chrdnicle.\nThis journal was primarily a religious organ; still it took\nan active part in politics, on the Reform side. It soon became evident that the paper was founded on too narrow a\nbasis, and, therefore, on the 5th of March, 1844, the first\nnumber of the Globe was issued.\n* Mr. Peter Brown's work, which lies before us, will bear perusal, even at this day, for its\ntrenchant and outspoken defence of the old land against the ignorant aspersions which delighted the Americans of that day. It appeared in 1842, with the pseudonym of \" Libertas,\"\nand on the title-page are Burns' lines beginning \" Some books are lies frae end to end \"\u2014\nthe word \" ministers \" fri the stanza being italicized, as Mr. Lester had been in the diplomatic service of the United States, THE SCOT IN BRITISH NORTH AMERICA.\n565\nThe times were out of joint, for Lord Metcalfe was at the\nhelm, and. it seemed at one time as if the battle of responsible government must be fought over again. The Governor-\nGeneral could not divest himself of the notion that he\nought to be the moving-power in the State. Now, under\nany system of free parliamentary rule, no principle can be\nclearer than this, that Ministers are under the unqualified\nresponsibility \" of deciding what shall be done in the Crown's\nname, in every branch of administration, and every department of policy, coupled only with the alternative of ceasing to\nbe Ministers, if what they may advisedly deem to be the requisite power of action be denied them.\" The Governor, like the\nSovereign, cannot \"assume or claim for himself preponderating, or even independent, power in any department of the\nState.\"* Now, at this period, Lord Metcalfe had a Cabinet\nwhich enjoyed the confidence of the people's representatives\nfrom both sections of the Province. It was constitutionally\nresponsible for all his public acts; and yet he chose, of his\nown motion, and without consulting his Ministers, to make\npersonal appointments from the ranks of their opponents.\nMr. Powell, for example, was named Clerk of the Peace, and\nthe Speakership of the Legislative Council was offered to\nMr. Sherwood. The Governor-General had, in fact, a nominal and a real cabinet\u2014the latter consisting of the chiefs of\nthe Opposition, his own Secretary and Mr. Gowan being the\nintermediaries between them. The consequence necessarily\nwas the resignation of his constitutional advisers, when self-\nrespect, as well as constitutional principle alike impelled 566\nTHE SCOT IN BRITISH NORTH AMERICA.\nthem to seek relief from the false position in which they\nhad been placed. The Globe, as well as the Examiner and\nother Liberal journals, battled vigorously for the principle\nof responsible government, thus placed in jeopardy, but\nLord Metcalfe, by personally conducting the canvass, succeeded in securing a majority for himself, and the party for\nwhose triumph he had risked everything, even honour.*\nMeanwhile the Globe continued on the even tenor of its\nway. Until the elections of 1847, it remained in Opposition,\nand was characterized by the caustic, not to say slashing,\nstyle of its editorials. On the formation of the Baldwin-\nLafontaine Administration in 1848, Mr. Brown found himself once more on the sunny side of politics. He cordially\nsupported the Government from conviction, and his journal\nbecame its recognised organ. In 1849, occurred the riots\nover the Rebellion Losses Bill, and in the same year Mr.\nBrown served on a commission of inquiry into the management of the Provincial Penitentiary. When Parliament met\nin the following May, the symptoms of disunion had begun\nto manifest themselves in the Reform party. The \" Clear\nGrits\" took shape as an independent branch, under Messrs.\nMalcolm Cameron, Rolph and others, with the Examiner\nand subsequently the North American, as their organ. Mr.\nBrown remained faithful to his leaders, because although he\n* It is impossible to give more than this brief outline of a memorable crisis. The literature of the subject is voluminous enough. In a volume of pamphlets kindly placed at our\nservice by Mr. Macara, of Ooderich, will be found, on the Governor's side, the addresses\npresented to him, with his replies, as they were sent down to the House, with a special message ; and the defence put forth by \" Leonldas \" (the Rev. Dr. Ryerson). On the other\nside, are the reply of \"Legion\" (Hon. R. B. Sullivan) to \"Leonidas,\" the Address of the\nReform Association, and an account of its first general meeting. The files of the Examiner\nhave also been consulted, as they throw considerable light on^ this controversy from a Reform point of view. ^^5ss?ssssS?sSf^s^SS*^s^^^\"f^S^^^^^^^^\u00b0^Sms^^^^^^5^^^s^\nTHE SCOT IN BRITISH NORTE AMERICA.\n567\nwas quite as staunch in the cause of Clergy Reserve secularization as the new party, he considered that the other\n\"planks\" of their platform were ultra-Radical and hinted at\ndangerous constitutional changes. In 1851, however, all\nwas altered; Messrs. Baldwin and Lafontaine retired from\npublic life, and the reins of power fell to those in whom Mr.\nBrown felt less confidence. In 1851, he was defeated in a contest with Mr. W. L. Mackenzie, Mr. Ranald McKinnon, and Mr.\nCase, for Haldimand.* Towards the close of the year, however, he entered the House for the first time as member for\nKent, having defeated Messrs. Larwill and Rankin.*f- At\nboth these elections, especially at the former, the strong\nProtestant attitude of Mr. Brown, no doubt, did him some\ninjury. It was the Papal Aggression year in England, and\nthe Globe had caught the fever in its most virulent form.\nHitherto, the Upper Canadian Roman Catholics had been,\nfor the most part, Reformers; but their ardour was cooled by\nthe hostile attitude of their leaders. Nor did the crusade,\nwhich followed, tend to conciliate them. The attacks made\nupon the corporate institutions of the Church and upon\nseparate schools, still further estranged them.\nMr. Brown took his seat in August, 1852, and, strange to\nsay, found himself suddenly transformed into the leader of\nthe | Clear Grits,\" against whom he had previously battled,\nIt can hardly be said that there was any inconsistency in\n* Mr. Case appears to have been a local Ministerial candidate, since, according to Mr.\nBrown, he had promised support to him ; but the votes recorded for both would not have,\nelected the latter. At the close of the poll, the numbers were, Mackenzie, 462; McKinnon\n(Conservative), 399 : Brown, 283; and Case, 113.\u2014Examiner, April 16th, 1851.\nt The poll at the close stood, Brown, 836; Larwill, 739 ; Rankin, 486.\u2014Ibid., Dec. 24th,\n1851. 568\nTEE SCOT IN BRITISE NORTE AMERICA.\nhis conduct. He had lost the chiefs in whom he reposed confidence, and distrusted Mr. Hincks. At the general election of\n1854, it should be remarked, although Mr. Hincks personally\nobtained a double return for Renfrew and South Oxford, he\nfound himself in a minority. Mr. Brown defeated his Postmaster-General, the Hon. Malcolm Cameron, inLambton, and\nthere were signs of an impending break-up. Mr. Brown was\nthe recognised leader of the Upper Canadian Reform Opposition, and Mr. Dorion of the French Liberals, while Sir Allan\nMcN ab was head of the Conservative Opposition: The Ministry met its first reverse on the Speakership. Mr. Car-\ntier was its nominee, and Mr. Sicotte was proposed by Mr.\nDorion. The choice of the Opposition candidate was, in\nevery respect, a shrewd as well as a good one. The member\nfor St. Hyacinthe was known to be able and dignified ; and\nin political opinion he was safe and moderate. On a division he triumphed by a majority of three.* Mr. Hincks\nat once retired from office and from public life, which he reentered years afterwards. The result was that, contrary to\nMr. Brown's intention, he found he had only succeeded\nin placing the Conservatives in power.*}* He still retained\nhis post as leader of the Opposition, and had a powerful\nengine in the Globe, which had become a daily .paper in\nOctober, 1853, and exercised great influence throughout the\ncountry. Notwithstanding that the Government secularized\nthe reserves, abolished the feudal tenure in Lower Canada,\n* The vote stood sixty-two to fifty-nine. The majority included all three sections of the\nOpposition, and the list is interesting if only for its heterogeneous character.\nt \"Uponsuch a consummation as this Mr. Brown had not counted, and he opposed the\nnew Government as vigorously as he had opposed the old one.\" Canadian Portrait Gallery, ii., p. 15. TEE SCOT IN BRITISE NORTE AMERICA.\n569\nand made the Legislative Council elective, the Opposition\nleader was not satisfied. Upon his flag was inscribed\n\"Representation by Population,\" and he nailed it to the\nmast. Passing over the intervening period upon which we\nhave already dwelt, we may come at once to the defeat of the\nMacdonald-Cartier Government in 1858 by a majority of\nfourteen. It was the first session of a new parliament, and\nas Ministers could hardly demand a dissolution, they resigned.\nMr. Brown was at once called upon by the Governor to form\na Cabinet; but in doing so, he warned the hon. gentleman\nthat a dissolution would not be granted him, should he find\nhimself in a minority in the House. It is quite possible that\nSir Edmund Head may have thought that it would save after-\ntrouble if he frankly made this announcement in advance.\nStill it was an unsound step to take, and was aptly met by\nMr. Brown in his reply.* From the tenor of the letter, it\nseems clear that the proposed Premier had not attempted\nto make any antecedent bargain with the Governor on the\nsubject of dissolution. In fact, he considered it improper\neven to enter upon its discussion. Sir Edmund Head's\nmemorandum certainly looks very much like an explicit\ndeclaration that he would not accept Mr. Brown and his\ncolleagues, and that they might just as well save themselves\nthe trouble of being sworn in, and the expense and risk of\ngoing to the country.\n* In a memorandum dated July 31st, his Excellency had defined his position with tolerable clearness. He would give no pledge or promise to dissolve Parliament; but would,\nconsent, after the granting of a supply, to a prorogation. Mr. Brown, in reply, \" submitted that until they have assumed the functions of constitutional advisers of the Crown,\nhe and his proposed colleagues will not be In a position to discuss the important measures\nand questions of public policy referred to in his Excellency's memorandum.\" TEE SCOT IN BRITISE NORTE AMERICA.\nAt the same time it may be a question whether it were\nprudent of the new Premier to take office under the circumstances. No doubt he thought that to decline the task\nwould appear to be a sign of weakness, and resolved to place\nthe responsibility of refusing a dissolution clearly upon the\nGovernor's shoulders. Sir Edmund, on the other hand, had\nmuch to say in defence of his attitude. There was a House\nfresh from the people ; the late government had been defeated .by a fortuitous combination of hostile local interests\ntemporarily uniting on a division. There was no proof that\nthe late Ministers had lost the confidence of the House, and\nthere was not the slightest possibility that a general election would place Mr. Brown in a stronger position than he\nnow occupied. The new Ministers were, however,' sworn in\non the second of August, and their first demand was for\na dissolution. This his Excellency peremptorily refused*\nmore especially as the respective Houses had at once, and\nin the absence of Ministers, passed a vote of non-confidence\nin the Brown-Dorion Government. Upon this fact his\nExcellency laid considerable stress, pointing out that as\nthere were a hundred and two members present, the votes of\nthe remaining twenty-seven, even supposing them to have\nvoted in a body with the Government, would have left it in\nthe minority still.-f*\nWhen Mr. Brown presented himself before the electors of\nEast Toronto, he was already out of office; nevertheless he\n* All the correspondence, memoranda, &c, will be found in Todd : Parliamentary Government in the British Colonies, pp. 5?8-536.\n| For Mr. Langevin's non-confidence amendment seventy-one votes were recorded ;\nagainst it thirty-one, only four Lower Canadians members being found in the minority. A\nsimilar motion was carried in the Legislative Council by sixteen to eight. TEE SCOT IN BRITISE NORTE AMERICA. 5ft\nwas returned by a handsome majority over Mr. J. Hillyard\n\u25a0Cameron. In 1859, the Reform Convention was held in the\nSt. Lawrence Hall, Toronto, at which delegates from all parts\n\u2022of Canada were present. It was at once recognised that\nfurther agitation in favour of the bare principle of representation according to population was futile. A federal union\n\u2022of the two Provinces was proposed, with two or more local\nlegislatures, and \"some joint authority\" to which should be\ncommitted matters of common concern to all. In February,\n18G0, Mr. Brown submitted the resolutions to .the House;\n\u25a0but, as already stated, they were negatived by large majorities. In the following year, the general election took place,\nand Mr. Brown lost his seat for East Toronto, his successful\ncompetitor being Mr. (afterwards Lieutenant-Governor) Crawford. Soon after he was prostrated by the first serious illness\n\u2022of his life, and on his recovery repaired to Europe. While\nthere he married Miss Nelson, daughter of the well-known\nEdinburgh publisher, Mr. Thomas Nelson. On his return he\ntbund the Sandfield Macdonald Goverment in power, but\ndeclined to give it his support through the press. To his\nmind Ministers had abandoned the Upper Canadian cause j\n-and deserved to be regarded as traitors.\nIn 1863, Dr. Connor, Solicitor-General West, was elevated\nto the Bench, and Mr. Brown at once resolved to be a candidate. He was elected by an overwhelming majority for\nSouth Oxford, and continued to represent it in theHouse until\n-confederation. He opposed the non-confidence motion of\nMr. J. A. Macdonald, but at the same time, gave Ministers to\nunderstand that he only preferred them because he would not\n.aid in re-instating the Tories. His speech on this occasion \\\n\u2022572\nTEE SCOT IN BRITISE NORTE AMERICA.\nwas a vigorous attack on the Ministry, and a defence of the\nresolutions adopted at the Convention of 1859. As we have\nseen, the Liberals were in a minority of five, and a dissolution\ntook place. In the following year the Macdonald-Dorion\nMinistry collapsed.\nThe Tache'-Macdonald Government succeeded no better\nthan its predecessor, and, in 1864, it was evident that some-\nradical change of a constitutional nature was imperatively\ndemanded. Party government had been tried and failed; coalitions on the old lines had proved useless; yet now the problem had to be faced by both sides of the House. Mr. Brown,,\nnotwithstanding the outcries raised from time to time against\nhim, had produced a state of things in which it became-\nobviously necessary to re-arrange the constitutional relations\nof the Provinces, so as to secure fair representation to the-\nwest. Into the history of the negotiations which took place-\non this occasion, we need not enter. The basis of agreement\nbetween the party leaders was a confederation of all the\nBritish North American Colonies. Three seats in the Cabinet\nwere placed at Mr. Brown's disposal. Personally he desired\nto remain outside, but his presence was insisted upon. He\nin turn objected to act under Mr. J. A. Macdonald, and Sir\nEtienne Tache* was made Premier, with Messrs. Brown, Mac-\ndougall and Mowat, as Reform representatives; but the last\nnamed having been appointed Vice-Chancellor, was succeeded by Mr. (Sir W.P.) Howland, in November. In the formation of this coalition, there seems no room for the assertion\nthat either party had abandoned its principles. It was a.\nstern necessity, and the honour due to both for the patriotism\ndisplayed throughout must be equally divided. How long; TEE SCOT IN BRITISE NORTE AMERICA, 57$\nthe hopeless struggle might have been protracted, it is difficult to conjecture ; certainly, the time had come, when, for\nthe country's sake, some combined effort was demanded of\nthe hostile camps. That they recognised the gravity of the-\ncrisis, and concluded an honourable truce, must always give-\nthem an ample title to the gratitude of Canadians.\nIt happened, fortunately, at this time, that the Maritime-\nProvinces were contemplating a smaller union amongst\nthemselves, and the opportunity was embraced of submitting\nthe larger scheme. Eight members of the Canadian Government attended the Conference at Charlottetown, P. E. I., and\nunfolded the project they had in view. The narrower measure wa3 abandoned, and the Conference adjourned, to meet\nat Quebec on the 10th of October. Meanwhile, Mr. Brown\nand his colleagues addressed public gatherings in New\nBrunswick and Nova Scotia, and, when the adjourned meeting-\nassembled, a protracted discussion, lasting during seventeen\ndays, took place. During these debates, Mr. Brown was no-\nlonger the impetuous agitator of the past. Partisanship had\nbeen swallowed up in disinterested public spirit, and he spoke\nin a dignified spirit of patriotism exceedingly honourable to-\nhis nature. The outlines of the scheme were adopted, and\nMessrs. Brown, Carrier, Gait and Macdonald, after having-\nobtained the sanction of Parliament, repaired to England to\nsecure the necessary legislation. Unhappily, a dispute arose\nin the Cabinet over the renewal of the Reciprocity Treaty,,\nwhich would expire by effluxion of time in 1866. It was-\nproposed to send a deputation to Washington to negotiate^\nfor a new treaty; but Mr. Brown objected, on the ground\nthat, as the American President had given notice of his de-\nI TEE SCOT IN BRITISE NORTE AMERICA.\nsire to terminate the treaty, any advances should come from\nthe other side. He also disapproved of the terms to be submitted ; because they appeared too favourable to the United\nStates. In consequence of this difference of opinion, Mr.\nBrown resigned his office in December, 1865, and, for a\ntime, took little or no part in active political life. It is difficult to judge accurately as between the parties concerned\nhere, because the negotiations came to nothing. The American Government and Senate were deeply incensed both\nagainst Britain and Canada, and nothing was, from the first,\nlikely to come of it. That being the case, it would seem\nthat Mr. Brown acted hastily in withdrawing his hand from\nthe work of confederation before it was completed. At the\nmost, when the treaty seemed likely to be concluded and\nratified, it was open to him to retire without in the slightest\ndegree compromising himself.\nAt the first general election after the Dominion had been\nconstituted, Mr. Brown contested South Ontario with Mr. T.\nN. Gibbs, and was defeated, his opponent being returned by\na majority of seventy-one. The step was bold even to rashness, and it deprived the House of Mr. Brown's service thenceforth. In 1873, soon after the accession to power of Mr.\nMackenzie, Mr. Brown was called to the Senate and remained\na member until his untimely death. In 1874 he was despatched to Washington to aid the British Ambassador in\nnegotiating a reciprocity treaty. The attempt was so far\nsuccessful that President Grant approved of the draft; but\non its submission, according to the American constitution,\nto the Senate, that body refused to ratify it. The political\ncours3 of Mr. Brown from 1867 to 1880 will come under TEE SCOT IN BRITISE NORTE AMERICA.\nj\nnotice hereafter; meanwhile it may be said that he took no\nprominent part in public affairs except through the medium\n\u2022of his journal. To it and to his agricultural experiment at\nBow Park, he devoted his best energies, working with in-\ndomitable energy, and with much of his old fire. On the 25th\nof March, 1880, the people of Toronto were astounded by the\nreport that he had been shot by a man named Bennett, a workman formerly in the Globe press-room. Unhappily the rumour\nwas too well founded. The prisoner, who had been discharged for irregular habits, appears to have repaired to Mr.\nBrown's office with the intention of intimidating him. At\nany rate, in the course of the altercation, Bennett was in the\nact of drawing a revolver when Mr. Brown seized him by\nthe arm. Whether, as the prisoner protested to the last, the\nweapon was accidentally discharged or not, cannot now be\nknown. Certainly some wild rhapsodical scraps found on\nhis person would seem to show that, under certain circumstances, he contemplated homicide. Much reliance, however,\ncannot be placed on this evidence, since the man, naturally\nof a fliorhty temperament, had certainly been made wilder by\ndissipation. At all events, the Senator was wounded in the\nthigh, and although he made light of the injury, it soon\nbecame evident that his system had suffered a serious shock.\nNotwithstanding' every effort, he expired on the ninth of\nMay, 1880, in the sixty-second year of his age.\nThe Hon. George Brown is a singular instance of what will,\nenergy, and firm adherence to settled principle may do\nfor a man who enters life with no extraneous advantages.\nWhatever may be thought of his persistence in urging\nmeasures which appeared at the time impracticable, no one 576\nTEE SCOT IN BRITISE NORTE AMERICA.\ncan now venture to assert that he was not justified by the-\nevent. His prolonged agitation in favour of representation\naccording to population was unsuccessful immediately, but\ntriumphed in the end, although not in the way he anticipated. The \"joint authority\" resolutions were tentative-\nexperiments ; but when the leaders on both sides recognised\nthe mischief, and combined in seeking a remedy, it was soon\nfound. The constitutional question having been removed\nfrom the arena of mere party strife, became a matter of\npatriotic concern, and the solution dawned upon men with\nall the power of a new revelation. Had Mr. Brown's public\ncareer produced no riper fruit than the confederation scheme,,\nand without his co-operation, its accomplishment was impossible, his claim to the title of statesman would still be\nunimpeachable. It has been said, and with some truth, that\nhe was at times overbearing and dictatorial\u2014a fault he\nshared in common with all strong men who have made their\nmark in history. He was so thoroughly convinced that he\nwas always on the right side, that he never appears to have\nbeen able to enter into the convictions, equally strong and\nsincere, which moved others to oppose him. Hence much of\nthe caustic writing in which he indulged as a journalist, and\nthe denunciatory vein which runs through most of his utterances prior to the Coalition of 1864. As a speaker, he was\nhardly an orator; yet he possessed a singular power of swaying audiences. Nearly always his opening sentences were\nhesitating\u2014not to say stuttering; but when thoroughly\nheated, the flow of burning words was as impetuous as a\nmountain torrent. The secret of his power lay not in eloquence, but in the earnestness with which he made an TEE SCOT IN BRITISE NORTE AMERICA. 577\naudience feel that conscientious feeling was the motive\npower. Outside politics, there could hardly have been a more\ngenial and kind-hearted man, and those who had the good\nfortune to be thrown in contact with him, could hardly realize\nthe fact that he was the fiery and impetuous tribune of the\npeople who, at times, could be lashed into a fury of trenchant\nand mordant invective.*\nIt seems natural to follow up the departed Senator with a\nslight account of his successor in the. Reform leadership, although the more conspicuous work of his public life falls\nwithout the period under consideration. The Hon. Alexander Mackenzie was born on the 28th of January, 1822, at\nLogierait, near the confluence of the Tay and the Tummel,\nin one of the most picturesque districts of the Perthshire\nHighlands. His father was an architect and contractor,*and\nhe was designed for the same occupation, beginning, as is\nthe practical fashion in Scotland, with a solid grounding in\nmasonry. He had previously finished his prefiminary education, for thereafter he was the director of his own studies\nat the old cathedral city of Dunkeld and at Perth. His\nfather died in 1836, leaving behind him seven sons, all of\nwhom subsequently settled in Canada. Of these, Mr. Mackenzie was the third ; another who entered public life, with\ngreat promise, Mr. Hope F. Mackenzie, sat for Lambton and\nNorth Oxford, but was too early called away. In 1842, he\n\u2022emigrated to Canada, and was joined by the brother just\nmentioned, in the following year ; and four years after the\n* Our authorities here have been especially the Canadian Portrait Gallery, ii., p. 31,\n-with Taylor's Portraits, &c, part x., p. 189, Morgan's Celebrated Canadians, p. 769, Tur-\neotte, and McMullen. i 578\nTEE SCOT IN BRITISE NORTE AMERICA.\nremaining five also settled in Ontario. Mr. Alexander\nMackenzie's first place of residence was Kingston, where-\nhe worked as a journeyman, setting up soon after as a.\nbuilder and contractor, on his own account. This was at.\nSarnia, in Western Ontario, and there, at a time when the-\ntide of political passion ran high, he settled down to the-\nserious work of life. A Whig in Scotland, he brought his^\nLiberal principles with him, and naturally opposed the reactionary views of Lord Metcalfe. In 1848, he hailed the\naccession of Messrs. Baldwin and Lafontaine to office with\ndelight; but, like Mr. Brown, felt dissatisfied with the Hincks-\nMorin Cabinet which succeeded them. In 1852, the Lamhton-\nShield appeared at Sarnia, with Mr. Mackenzie as editor. Fcr\ntwo years he fought through its columns, and when the Observer\u2014transferred from Lanark\u2014appeared, the Shield\ndropped out of existence. Mr. Hope Mackenzie was the first,\nof the family who entered Parliament. He had been defeated in 1857, by Mr. Malcolm Cameron, but, in 1859, he-\nwas elected. In 1861, as his brother, on business grounds,,\ndeclined re-election, Mr. Alexander Mackenzie entered Parliament for the same constituency. Mr. Hope Mackenzie\nafterwards sat for North Oxford, if we mistake not, up to\nthe time of his death.\nIn Parliament, Mr. Mackenzie soon made his mark, not so>\nmuch by eloquence, as by the plain, honest and firm statement of his opinions. He supported Mr. Sandfield Macdonald, because he saw in his continuance in office the only\nhope of the Reform party. When the project of Confederation took definite shape, he strongly favoured it; yet so per-\n. sistent were his opinions that he felt considerable dislike to- THE SCOT IN BRITISH NORTH AMERICA.\n57\u00a3\nthe coalition of 1864. Nevertheless, he gave the new experiment a fair trial, for the sake of the principle at stake.*\nWhen Mr. Brown retired from office, Mr. Mackenzie was offered the vacant Presidency of the Council, but declined;\nsimply because he entirely approved of his leader's action.\nIn 1867, on the defeat of Mr. Brown, in South Ontario, Mr.\nMackenzie succeeded to the leadership of the Opposition.\nWhat followed belongs to a subsequent chapter. Meanwhile,,\nwe may note the chief events in the hon. gentleman's career\nup to the present time. Between December 1871, and October,\n1872, he filled the office of Treasurer of Ontario, in Mr. Blake's\nadministration. The passage of Mr. Costigan's Bill directed\nagainst \" dual representation,\" forced both leaders to make\ntheir choice between the Houses, and they elected to sit in\nthe Dominion Parliament. In 1873, Sir John Macdonald\nresigned in consequence of the Pacific Railway troubles, to\nwhich we shall have occasion to revert hereafter. Mr. Mackenzie, as the leader of the Opposition, became Premier in\nNovember, 1873, and held that high office until October,.\n1878, when, the party having suffered defeat at the polls, his\nCabinet resigned. Since then, he has been in Opposition,\nbut continued leader of the party until 1880, when he was\nsucceeded by Mr. Blake.\nThe salient, characteristics of Mr. Mackenzie are not far to\nseek. The secret of his success in public life has been\nstaunch adhesion to principle, reinforced by an earnest and\nunwavering advocacy of it. As a speaker, he is, perhaps^,\nseen at his best in the collection of speeches he delivered in\nt \"580\nTHE SCOT IN BRITISE NORTE AMERICA.\nScotland during his Premiership. They were expository,\ninforming and impressive, glowing with a fervid enthusiasm,\nessentially patriotic. In Canada, as a statesman, Mr. Mackenzie's temper has often been severely tried by imputations\nhe felt were undeserved, and which he naturally repelled with\nindignation. When he took office, he was entirely a novice, and yet his practical sagacity and common sense\ncarried him through the bulk of the difficulties which en-\ncompassed him. No Minister ever worked harder in his\ndepartment than Mr. Mackenzie ; for it was not in him to\n\"scamp\" work. He has often been accused of narrowness of\nview, and impatience of dissent; but so far as the charge is\ntrue, it is a fault of temperament, and not of heart. The\nmost earnest men are not usually the most tolerant; indeed\nthe absence of stern and uncompromising fidelity to principle\nis as frequently as not an evidence of the absence of principle altogether. The facile spirit which tolerates all opinions\nis sometimes, though not always, the sign that earnest conviction is not to be looked for. Mr. Mackenzie is a warm partisan by nature and training, and could be no other than he\nis. His faults lie on the surface, open to criticism; and\nthese have too often been dwelt upon by writers who do not\ncare to sound the depth of solid worth that constitutes his\nchief claim to public esteem and regard.\nThe Hon Oliver Mowat naturally comes next in order, because he was, like Mr. Mackenzie, an intimate friend and a\nstaunch suppoiter of Mr. Brown, and also because he, too,\nhas been a Premier, although not of the Dominion. His\nfather came from the | far awa' north,\" being a native of\nCanisbay, Caithness. Like many other parents of distin- THE SCOT IN BRITISE NORTH AMERICA.\n581\nguished sons, he was a soldier, and served throughout the\nPeninsular war. In 1816 he removed to Canada, his warlike occupation having gone, and soon after settled in Kingston ; there he remained until his death. His wife, whom\nhe married here, was also from Caithness, and of their children, Oliver was the eldest. He was born on the 22nd of\nJuly, 1820, so that he had arrived at the age of seventeen\nwhen the stirring times of the.Rebellion awakened the old\nConservative city of Kingston. Mr. Mowat was educated at\nsuch schools as were accessible at the time, and finished under the Rev. John Cruickshank,who also was dominie to Sir\nJohn Macdonald and Mr. J. Hillyard Cameron. He appears\nto have been an apt scholar, and to have displayed a readiness in learning, and a fondness for it, beyond his years.\nWhen the Rebellion broke out, young Mowat became a volunteer, and, judging from his environment at the time, we have\na shrewd suspicion that he was, temporarily, a good Tory.\nSomewhere about this time he entered the office of Mr. J.\nA. Macdonald, his senior by only five or six years, who had\nlately been called to the bar. For four years the future Premier of Ontario was an articled clerk to the future Premier of\nthe Dominion. Their paths have diverged politically since;\nyet one would like to believe that the memory of the old\ntime still serves as a link of connection between them. Mr.\nMowat then removed to Toronto, and completed his terms\nwith Mr. Robert E. Burns, subsequently a Superior Court\nJudge. In 1842 he was called to the bar, and, after an in-\nterval of practice at Kingston, again left for Toronto, where\nhe entered into partnership with Mr. Burns. . Mr. (afterwards Chancellor) Vankoughnet subsequently joined the\nQ ^582 THE SCOT IN BRITISH NORTH AMERICA.\n-\"firm, which continued to exist after the retirement of Judge\nBurns. Mr. Mowat confined himself entirely to equity practice ; and when the Court of Chancery was remodelled under\nthe Act introduced by the Hon. W. H. Blake\u2014a measure\n\u2022sorely needed, although it was vigorously resisted by the\nOpposition*\u2014Mr. Mowat admittedly stood at the head of\nits bar.\nThe future Premier of Ontario did not enter public life\nuntil the year 1857, when he defeated Mr. (Judge) Morrison\nin South Ontario by a majority of nearly 800. In the same\nyear, and the one succeeding, Mr. Mowat served as an\nAlderman in the Toronto City Council. He appeared in'\nParliament, for the first time, in February, 1858, and proved\nMr. Brown's ablest associate. Within a few months his eloquence and earnestness had brought him to the front rank,\nand when the short-lived Brown-Dorion Government was\nformed, in August, he was appointed Provincial Secretaiy.\nIn 1861, he attempted to dislodge the Premier at Kingston,\nbut failed, and was compelled to fall back upon his old constituency. In consequence of an adverse vote on the Militia\nBill, the Government resigned, but Mr. Mowat did not take\noffice at once under Mr. Sandfield Macdonald. .He preferred\nto stand aloof, not being satisfied with the attitude of the\nnew Premier on the representation question. When the\nCabinet was reconstructed, in 1863, however, the hon. gentleman became Postmaster- General; but his tenure of office\n* Mr. W. L. Mackenzie moved a motion, in 1851, which completely changed the complexion of party politics. It was aimed at the very existence of this Court, and, although\nlost by a majority of four, was supported by the major part of the Upper Canada representatives. Mr. Baldwin resigned in consequence, and Mr. Lafontaine shortly afterwards followed him Into retirement. THE SCOT IN BRITISE NORTE AMERICA.\n583\nonly lasted for about ten months. Once more, in June,\n1864, he became Postmaster-General in the Coalition Government, Messrs. Brown and Macdougall being his Reform\ncolleagues. In November of the same year, however, he accepted the \"Vice-Chancellorship of Upper Canada, vice Mr.\nEsten deceased. The remainder of his career lies outside\n\u25a0our present period. It is only necessary to note here that,\nin October, 1872, Mr. Mowat resigned his judicial office, and\nbecame Premier and Attorney-General of Ontario, a post he\nstill occupies. There was considerable exception taken at\nthe time to the hon. gentleman's action. It was stigmatized\nas degrading to the judicial office, as tending to destroy\npublic confidence in the independence of the Bench, and so\nforth. But it must never be forgotten that a judge does not\nlose his rights as a citizen, and when he resigns his position\nhe ought to suffer no political disqualification because he has\nbeen upon the Benchs It was urged that all the \"Vice-\nChancellor's judgments, where partisan bias could be suspected, might be impugned. Yet, in England, the highest\n.judicial seat is occupied by a member of the Government,\nand no charge of partisanship has ever been made against\nEarl Cairns or Lord Selborne, or any of their illustrious\npredecessors for at least a hundred and fifty years. The indignation aroused was caused not so much at the step itself\nas at the surprise occasioned by it. The removal of Messrs.\nBlake and Mackenzie had left the Ontario Government\nparty helpless, and when Mr. Mowat appeared from above as\na deus e machind, it was only natural that the Opposition\nshould feel chagrined at a move by which they were check-\nmated. 584 THE SCOT IN BRITISE NORTE AMERICA.\nInto the policy of the Ontario Government since 1872 it is\nnot necessary to enter here. It may suffice to say that Mr.\nMowat has proved a cautious and intelligent administrator,\nrather conservative in spirit than otherwise. Early in his-\nsecond public term, the Premier declared that he should endeavour, as a public man, always to act as a 1 Christian politician.\" The phrase has been lightly treated by some of\nhis opponents; yet it is hard to detect any impropriety in\nthe hon. gentleman's setting before himself the highest\nideal known in a Christian land. In his intentions, at all\nevents, Mr. Mowat has always kept this lofty standard in\nview, although, like most other leaders, he has not always-\nhad his own way. Whatever his faults, he is an eminently\nconscientious man, endowed with great talents, a facile\npower of expression, and unflagging industry. That amidst\nthe political crises of nine years he has kept his place in the\nconfidence of the people is a sufficient evidence of the sterling qualities he possesses.\nThe third Reform member of the Coalition Government\nof 1864, was theHonourable William Macdougall. Although\nby birth a Canadian, and the son of a Canadian, his grandfather hailed from the Scottish Highlands, was a U. E. Loyalist, and served in the Commissariat Department of the\nBritish army during the Revolution. He subsequently\nsettled at Shelburne, Nova Scotia, but removed to Upper\nCanada, like other loyal settlers by the sea, when Governor\nSimcoe arrived. His son Daniel married, and the subject of\nthis sketch was born to him on the 25th of January, 1822.\nWilliam Macdougall received a tolerable grounding at school,\nand attended Victoria College for a brief period ; but he was TEE SCOT IN BRITISE NORTE AMERICA.\n585\nfor the most part, self-educated. At the age of eighteen, he\nentered the law office of Mr. James Hervey Price, subsequently Commissioner of Crown Lands in the Baldwin-\nLafontaine Cabinet. In 1847, Mr. Macdougall was made an\nattorney, and practised for a short time; but he was early\nlured into the seductive path of journalism, and it was not\nnntil 1862, that he applied for his call at the bar. Having a\npractical knowledge of agriculture, his first venture was the\nCanada Farmer, which he established shortly after entering\nupon legal practice. This journal was subsequently merged\ninto the Canadian Agriculturist, which was also edited by\nhim up to the year 1848.\nIt was not long before a schism occurred in the Reform\nparty, and Mr. Macdougall espoused the side of the \u00a7 Clear\n\u25a0\nGrits,\" led at that time by Mr. Malcolm Cameron and Dr.\nRolph. Their only organ was the Examiner, edited with\ndistinguished ability by Mr. Lindsey. It, however, hardly\nexpressed the views of the advanced Reformers, and in ] 850,\nMr. Macdougall launched the North American, in opposition\nto the Government and the Globe. At that time the | platform \" of the new party seemed extremely radical, yet singularly enough, almost every \"plank\" has been adopted\nsince. The extension of the elective principle to the Legislative and Municipal bodies, the abolition of any property\nqualification for members of Parliament, the extension of the\nfranchise to householders, vote by ballot, representation based\non population, the severance of Church and State with religious equality, modification of the usury laws, the abolition\nof the right of primogeniture, a decimal currency, and free\nnavigation of the St. Lawrence, have all been brought to TEE SCOT IN BRITISE NORTH AMERICA.\npass. Mr. Mowat's Judicature Act is the adoption of another;\nand the only | planks\" still unadopted are biennial Parliaments, and the power of regulating commercial inte'rcourse-\nwith other nations; of these the latter has been virtually\nconceded. At that time the Conservatives and orthodox\nLiberals united in stigmatizing the \" platform \" as extreme-\nand mischievous. In 1853, Mr. Macdougall represented\nCanada at the World's Fair in New York.\nNext year the Hincks-Morin Cabinet was formed, and the\nNorth American became its organ, without, however, surrendering its independence or casting away a plank of the\nplatform. It was natural that Mr. Macdougall, whose influence began to be felt in the country, should aspire to a seat\nin Parliament, and few public men had so early an oppor-\ntunity of learning the sweet uses of adversity. In 1854 he-\nsuffered two defeats\u2014in North Wentworth and Waterloo,\nand in 1857 in Perth, where he was beaten by Mr. T. M.\nDaly,astrong local candidate of Conservativepolitics. During\nthe latter year Mr. Brown and he were reconciled, the North\nAmerican was merged in the Globe, and Mr. Macdougall\noccupied a'position on the editorial staff of the latter. In\n1858, he first succeeded in entering the House. Mr. Brown\nhad secured a double return, and elected to sit for Toronto,\nand Mr. Macdougall was returned for North Oxford, over\nthe Hon. J. C. Morrison. During his early Parliamentary\ncareer,' Mr. Macdougall was a staunch advocate of representation according to population, and other radical reforms,\nand supported Mr. Brown with vigour and ability. Possessed of a singularly calm and and immobile demeanour, a\ncool head, and logical mind, he proved an able first lieutenant THE SCOT IN BRITISH NORTH AMERICA.\n587\nto his chief.* His conspicuous debating power was of great\nvalue to the party ; but, as usual, a spirit of independence\ncaused him to be restive in party harness, and, in 1860, he\nand Mr. Brown parted company. The honourable gentleman,\nin 1862, entered the Macdonald-Sicotte Government, and remained with his new leader until the defeat of 1864. In\nthat year he was returned for North Lanark, and continued\nto sit for it for some years. In 1863, feeling that the struggle\nB * \u00a9 O\u00a9\nfor equal representation was fatal under existing circumstances, he formally announced his abandonment of the principle, a step which, of course, widened the breach between\nhim and his old chief. Next year, however, the old allies\nonce more came together as members of the Coalition Gov-\n\u00a9\nernment. Mr. Macdougall took part in both the Union Conferences, in Canada, and was present, in London, during\n1866-7, when the terms of Confederation were finally settled. He had previously acted as a Commissioner to open up\ntrade with Mexico and the West Indies.\nAmongst the subjects -which peculiarly attracted Mr. Mac-\ndougali's attention was the future destiny of the North-\nWest, and its acquisition by the Dominion. He had visited\nEngland with Sir George Cartier on the subject, and succeeded in bringing the negotiations, by which that vast territory was annexed to the Dominion, to a successful issue.\nIt was natural, therefore, that when the new country was\norganized, Mr. Macdougall should be appointed its Governor.\nThen arose the troubles which prevented his entrance into\n* Mr. Turcotte, whose views are always Conservative, or rather strongly Lower Canadian,\nterms him a worthy adept of his leader\u2014\" adeptc digne de M. Brown.\"\u2014Le Canada, ii.\n411. 588\nTHE SCOT IN BRITISH NORTH AMERICA.\nthe country. The French half-breeds, on the pretext that\ntheir feelings in the matter had not been consulted, rose in\nrebellion, established a Provisional Government under Riel,\nand forcibly kept the new Governor out of the country.\nThis episode will naturally fall into place when the Northwest comes under consideration. Meanwhile, it is only\nnecessary to remark that Mr. Macdougall did all he could\nto pacify the malcontents, and finally retired from the scene\nwhen he found that he had neither a sufficient force, nor the\nsatisfactory backing required, to enable him to assert his\nauthority. In 1870, Mr. Sandfield Macdonald, the Premier\nof Ontario, appointed him Government trustee on the Canada Southern Railway, and in the following year he was\nnominated a Commissioner on the part of the Province to adjust its North-Western boundary. In 1872, he was defeated\nin North Lanark, and in 1873 visited Europe on a two-fold\nerrand: first, to obtain a settlement of the fishery question,\nand secondly, to stir up the spirit of emigration in Scandinavia.\nUntil 1875, Mr. Macdougall's voice was not heard in the\nlegislative halls, but in. that year he secured election as\nmember for South Simcoe, in the local Legislature of Ontario. During the three years which followed, he opposed\nMr. Mowat's Government, and was virtually the leader of\nhis party. When the general election of September, 1878,\narrived, the hon. gentleman once more contested a seat for\nthe Dominion House. He was elected for Halton over a\nstrong local candidate by the small majority of eighteen\u2014\nthe result being, Macdougall, 1,708, McCraney, 1690. During\nthe years which have elapsed, the hon. gentleman has prac- TEE SCOT IN BRITISE NORTE AMERICA.\n589\ntised law, and although he labours under considerable'disadvantages, not to be overcome by one who has followed\nhis profession only fitfully, he has made his mark in\nconnection with causes celebres like the Campbell divorce\nand Mercer will cases. No one can read his argument before the Supreme Court in the latter suit, without regretting\nthat he did not earlier apply himself to the legal profession.\nAs a legislator, his labours have been fruitful to a degree\nhardly suspected by those who have not followed the course\nof public events. It has been said that Mr. Macdougall has\nmany enemies, and this is, in a sense, true. The political\nfree-lance is never regarded with cordiality by party leaders.\nIf independent at all hazards, a public man must expect\nto be more or less distrusted by those who prize above all\nthings party discipline. Mr. Macdougall, as his whole course\nproves, has always preferred to think for himself, and he has\npaid the penalty of his rashness. Certainly he cannot be\ncharged with self-seeking, for he is to-day a poor man, and\nseems never to have mastered the art of becoming a .rich\none. He has some notable faults which have probably furnished a pretext for distrust in some quarters. His manner\nis cold and unsympathetic, and he delights too much in\nabstract appeals to a logical sense, often non-existent at\nall, and only occasionally touches the hearts of his auditors. Still, as a speaker, he is singularly clear and incisive;\nthe marble is cold, yet it is marble.all the same. With a\nmore genial humour and broader sympathies, he would certainly have stood in the foremost rank as a statesman. In\nprivate life, where the judgment is less in play than the affections, Mr. Macdougall is an eminently agreeable friend, 590\nTEE SCOT IN BRITISE NORTH AMERICA.\nrelative and companion; and even in public, where he cannot altogether divest himself of a certain formal stiffness\u2014a\n\u00a9\ncool, logical suit of buckram\u2014he is telling and moving also\non occasion. Perhaps in the future the Dominion will yet\ngather richer fruit from his admitted vigour and ability.\nThe Finance Minister of the Coalition Government next\ndemands attention. Alexander Tilloch Gait, was born at\nChelsea, London, England, the 6th of September, 1817; but,\nin all but the accident of birth, he is a Scot. His father, John\nGait, the well-known Scottish novelist and colonizer, will\ndemand attention in a future volume, when reference will\nbe made to special areas of Scottish settlement. The son\nearly displayed literary ability, and, at the age of fourteen,\ncontributed to Fraser's Magazine. But Mr. Gait's career\nwas not destined to be a literary one. His father's connection with Canada directed the sons' attention to this country, and all three of them settled here.* At the age of\nsixteen, Alexander became a clerk in the service of the\nBritish and American Land Company, whose operations\nwere confined to the eastern townships of Lower Canada,\nnear the frontier. The affairs of this corporation were not\nin a flourishing condition; but by Mr. Gait's energy they\nwere placed on a most satisfactory footing.*!\"\nMr. Gait entered public life in 1849 as member for the\ncounty of Sherbrooke. He was a Liberal in politics; still\nhe opposed the Rebellion Losses Bill, and appeared to have\n* The only other who still survives is the Hon. Thomas Gait, one of the judges in the\nCourt of Queen's Bench of Ontario. He is a Scot by birth.\nt When he retired in 1856, the Directors stated that during his engagement of sixteen\nyears, \"the position of the Company was changed from one of almost hopeless insolvency\nto that of a valuable and remunerative undertaking.\" THE SCOT IN BRITISH NORTH AMERICA.\n591\ndespaired at that time of Canada's future. He was one of\nthe signers of the celebrated annexation manifesto of that\nyear, although he has always been distinctly loyal, and is.\nnow an ardent champion of British connection. There can\nbe no doubt that this remarkable pronunciamento was the\noutcome of temporary irritation on the part of the signers,.\nand by no means expressed their settled convictions. When\nToronto became the seat of Government, Mr. Gait resigned\nhis seat, and remained in private life until 1853 when, a.\nvacancy occurring, he was returned for Sherbrooke, which he-\ncontinued to represent until he once more retired in 1872.\nDuring the early years of his second political period, he\nusually supported the Liberal party; but in 1857, when the\nrepresentatation and other vexed questions began to be\nurged with vehemence, Mr. Gait became what may be termed\na Conservative Liberal. The hon. gentleman has made himself known by his rare skill in matters of finance, and it\nwas early predicted that he would, sooner or later,, be entrusted with the management of the department in which\nhe excelled. He was strongly opposed to radical changes\nin the constitution, and about this time proposed a union\nof all the Provinces in an exhaustive and eloquent speech,\nwhich, however, produced no immediate effect. The time\nfor that project had not yet arrived.\nWhen the Brown-Dorion. Government resigned, in August,.\n1858, Sir Edmund Head called upon Mr. Gait to form an\nadministration; but, after a brief trial, he gave up the attempt. So far his attention had chiefly been given to railway\nenterprise. From 1852, onward, he had been government,\ndirector of the Grand Trunk and St. Lawrence and Atlantic,, TEE SCOT IN BRITISE NORTE AMERICA.\n.and devoted his conspicuous abilities to their service. When\nthe Cartier-Macdonald Government was formed, in 1858,\nMr. Gait became Inspector-General, as the Finance Minister\nwas at that time called, in place of Hon. W. Cayley, and remained in office until the defeat of the Government on the\nMilitia Bill, in 1862. During this period, he had ample\nroom for the display of his ability and fertility of resource.\nThe finances were certainly in a bad way, and no small\ncredit is due to him for the services rendered the state at a\ntrying period of its history. A financial statement from Mr.\nGait was always looked forward to as something worth the\nTiearing, from the lucidity of its style, no less than from the\nplainness of its expositions. He' was singularly clear-headed,\nself-possessed, and gifted with a power of imperturbable\ngood humour that always made its way with the House. In\n1864, he found himself once more in office as Finance Minister, retaining it till August, 1866. During this time the\nhon. gentleman was actively engaged in promoting his\nfavourite scheme of confederation. He continued in the\nCabinet after the Coalition, and was a member of the two\nconferences at Charlottetown and Quebec, and one of the\ndelegates to England. In 1865, he was sent to Washington\nas joint plenipotentiary with the British Ambassador to negotiate a reciprocity treaty. As before stated, the effort\nfailed, and in the following year he resigned. The difference between himself and his colleagues arose out of the\nschool question. Mr. Gait insisted that, before confederation,\nthe rights of the Protestant minority in Lower Canada\nshould be assured, and his views appear to have prevailed\nwith the Cabinet; but the note of alarm was sounded from TEE SCOT IN BRITISE NORTE AMERICA. 593-\nthe majority, and the Bill introduced was withdrawn. Mr..\nGait at once tendered his resignation. In July, 1867, however, he again became Finance Minister, but only filled the-,\noffice until the following November, when he finally retired, to be succeeded by Sir John Rose. It has been said*\nthat the reason for his retirement has never been fully made\nknown, but the cause is not far to seek. The ex-Finance-\nMinister has never been a strong partisan, and may well\nhave chafed under the official restraint put upon his.\nindependence. In his own department, for which he was.\nimmediately responsible before the eyes of the people, matters do not appear to have gone to his mind. The Pacific\nRailway and Washington Treaty discussions subsequently\nshow that it was only a question of time when he\nshould leave the Cabinet. Not long after his withdrawal,,,\nhe moved a vote of censure upon the financial policy of the;\nGovernment, and there can be little question that the prospect of an unjustifiable expenditure, which he was powerless to prevent, drove him from the Cabinet. In 1872, Mr.\nGait declined re-election, and has not since re-entered Parliament. In 1878, he became Sir Alexander Gait, of the\nOrder of St. Michael and St. George; and, in the same year,,\ndeclined the Ministry of Finance, rendered vacant by the\nretirement of Sir John Rose. In 1875, he defined his policy\nin a letter to the Hon. Jas. Ferrier, on the pressing questions of thetime. Opposed to the Pacific Railway, he expressed\nhis alarm at the serious increase of the Dominion debt, and\nadvocated what was afterwards known as the National\nPolicy, while still,, as he stated, theoretically a free-trader..\n* Weekly Globe, June 2nd, 1876. mi\nTEE SCOT IN BRITISE NORTE AMERICA.\nIn 1877, he was named a Commissioner, on behalf of Great\nRritain, on the Halifax Arbitration on the Fishery Question\nunder the Washington treaty, and brought the affair to\na satisfactory conclusion. Sir Alexander Gait has been engaged in commercial negotiations with France and Spain\nwhich, for reasons diplomatic, have not as yet borne their\nfruit. He is now High Commissioner of the Dominion in\n\u00a9\nLondon, where he. has been of invaluable service in adjusting questions of finance, emigration, &c, with the Imperial\n\u2022Government.\nA man of varied talents, and singular gifts of persuasive\naddress and executive power, one cannot help regretting that\nhe has not been oftener and for longer periods in the Government of his country. In the House, there has never been\na more finished debater\u2014during the present generation at\nall events. Fluent in speech, singularly clear and plain in unfolding facts and figures, he has always commanded the ear\nof the Assembly. Of a singularly good-natured and placable disposition, he has never failed to attract personally even\nthose whom differences of opinion may have made his political opponents. No more attractive public character will be\nfound in the ranks of our living statesmen, and it may not\nbe too much to hope that, in the future, Canada may enjoy\nthe full benefit of his varied talents and consummate tact.\nSome of Sir Alexander's best speeches have been published\nin pamphlet form, as well as one brochure on Canada from\n1849 to 1859, and another on the effects of Ultramontanism\nin Canada.\nThe Hon. Joseph Curran Morrison, whom we have had\noccasion to mention previously, was the eldest son of Mr. TEE SCOT IN BRITISE NORTE AMERICA.\n59c\nHugh Morrison, a native of Sutherlandshire. He himself\nwas born in Ireland, but the accident of birth has not prevented him from acknowledging his true nationality, and\nlike his brother Angus, formerly M.. P., and Mayor of Toronto,\nhe is a member of St. Andrew's Society. He came to the country at an early age, and completed his education at Upper\nCanada College. Called to the Bar in 1839, he at once\nentered into partnership with the late Hon. W. H. Blake,\nthe future Chancellor. He was subsequently, after Mr.\n.Blake's elevation to the bench, a member of the firm of\nMacdonald, Morrison & Connor, which was facetiously\ntermed I the flourishing concern \" by the \" Clear Grit\" Reformers. He first secured a seat. for West York at the\ngeneral election of 1847, and became an ardent supporter\nof the Baldwin-Lafontaine Cabinet, but took no office under\nthe Government. In 1851, he suffered defeat; but was\nalmost immediately returned for the town of Niagara in\nplace of Mr. Hincks, who had received a double return\nbut elected to sit for Oxford. When the basis of the\nHincks-Morin Administration was enlarged by the introduction of Messrs. Malcolm Cameron and Rolph, Mr. Morrison\nbecame Soficitor-General, and retained the office until the\ndefeat of the Government in 1854, a period of nearly nine\nmonths. In 1856, he entered the Executive Council as\nReceiver-General in the Tache'-Macdonald Cabinet, and retained the office until February, 1858, when the Macdonald-\nCartier Cabinet was formed. He had previously been an\nunsuccessful candidate for South Ontario (1857), and for\nNorth Oxford (1858).. In February, 1860, he once more\ntook the Solicitor-Generalship. Up to this time Mr. Morri- 596\nTEE SCOT IN BRITISE NORTE AMERICA.\nson had been Registrar of Toronto, and was consequently\nout of Parliament. After suffering defeat in Grey, the hon.\ngentleman resigned, and finally retired from public life. In\nMarch, 1862, Mr. Morrison took his seat on the Bench as a\nJudge of the Court of Common Pleas. In 1863, he was\nraised to the Queen's Bench, and in 1877 to the Court of\nAppeal. He is now the senior puisne' judge of Ontario-\nJudge Morrison has held many important offices in connection with higher education, among others the Chancellorship\nof the University of Toronto. As a politician, he had\nfew opportunities of distinguishing himself; but he has made\nhis mark at the bar and on the bench, and is highly esteemed by all with whom he has been brought in contact\nwhether in public or private life.\nThe Hon. Adam Wilson, Chief Justice of the Court of\nCommon Pleas, also for a brief period figured in Parliamentary life. Yet he is above all things a lawyer. Mr. Wilson\nwas born in Edinburgh, and came to this country in 1830.\nFor a time he devoted himself to commercial pursuits, but\nabandoned them for the legal profession. He studied under\nthe old firm of Baldwin and Sullivan, and after his call to-\nthe Bar, 1839, became a partner. He was subsequently at\nthe head of the firms formed on Mr. Baldwin's retirement,\nthe last being those of Wilson, Patterson and Beaty, in common law, and Wilson and Hector in chancery practice. In\n1856 he was appointed to the commission for the consolidation of the Statutes of Canada and Upper Canada respectively\u2014a task requiring great legal acumen, and unflagging\nindustry. In the previous year he was chosen an Alderman THE SCOT IN BRITISH NORTE AMERICA.\nml\nof Toronto, and, in 1859, was the first Mayor of the city\nelected by the people. During this time he had charge of\nseveral important cases, such as the prosecutions arising out\nof the Russell election frauds, and the suits against Ministers\nin 1858-9 on account of the g double shuffle.\" When Mi\\\nHartman died in 1859, Mr. Wilson was returned for North\nYork, Mr. Baldwin's old constituency, and continued to represent it until his elevation to the Bench. In 1861, he\nopposed the Hon. (now Lieutenant-Governor) J. B. Robinson in West Toronto, but was defeated by a majority of about\ntwo hundred and fifty. From May, 1862, to May, 1864, Mr.\nWilson was Solicitor-General in the Sandfield Macdonald\nGovernment, but retired upon his appointment to a judgeship\nin the Queen's Bench. After several changes, he is now Chief\nJustice of the Common Pleas. As a politician, Mr. Wilson\nwas always a Baldwin Reformer, and although he acted\nwith Mr. Brown during his Parliamentary career, his conservative leanings were often apparent. As a judge, he stands\nabove reproach either in respect of learning or integrity.\nAs a man, he is eminently courteous and considerate,\na friend and an adviser to all who desire his advice or\nfriendship. He has made little commotion in the political\nworld; indeed he has not cared to do so. Yet in the honest\ndischarge of duty, in strict and undeviating attachment to\nthe principles of justice and upright dealing, few men have\never adorned the Bench who will leave a better record behind\nthem than the Hon. Adam Wilson.\nSir John Rose, Bart., G. C. M. G., was born in Aberdeenshire, in the year 182L Educated at King's College in ths\nR 598\nTEE SCOT IN BRITISE NORTE AMERICA.\nold city on the Dee, he removed to Canada, and was admitted\nto the bar at Montreal in 1842. In 1851 he entered Parliament for the commercial metropolis, having, as his colleagues\nMr. (now Chief Justice) Dorion and Mr. T. D'Arcy McGee.\nIn November of the same year he became Solicitor-General\nEast, and was called to the Cabinet early in 1859, as Commissioner of Public Works\u2014an office he resigned in 1861,\nretiring temporarily from Parliament. In 1864, he served\nas Imperial Commissioner on the Oregon matter, but again\nentered the House as member for Huntingdon at confederation. In November, 1867, he succeeded Sir A. T. Gait as\nMinister of Finance. This office he held for the better part\nof two years, when he resigned and was succeeded by Sir\nFrancis Hincks. Sir John Rose retired from public life on\naccount of ill-health on both occasions referred to. A public\nman of singular ability and unspotted reputation, he found\nhimself unable to stand the wear and tear of official life.\nFor some years past he has resided in England, and conducted business there as a banker at the head of a firm of\nestablished reputation. Although removed from amongst\nus the ex-Finance Minister has been of eminent service to\nsuccessive Governments of Canada. Shrewd and prudent\nin business habits, he has always been ready to aid the\nDominion with counsel and active assistance, without regard\nto party differences.\nThe Hon. James Patton also deserves a brief notice. Born\nat Prescott, Ont., on the 10th of June, 1824, he was the fourth\nson of Mr. Andrew Patton, deceased, of St. Andrews, Fife-\nshire, and formerly a major in the 45th regiment of the line. TEE SCOT IN BRITISE NORTE AMERICA.\n599\nMr. Patton's eldest brother was for some years rector of\nCornwall; he himself was brought up to the law, commencing his studies under the Hon. J. Hillyard Cameron. In 1843\nat the opening of King's College, Toronto, he matriculated,\nand graduated in 1847, as B. C. L. Called to the bar, he\npractised first at Barrie. At an early period of his career,\nMr. Patton took a deep interest in politics. The agitation\nconsequent upon the passage of the Rebellion Losses Bill\nappears to have acted as a stimulus to his Conservative\ninstincts. In 1852, he established the Barrie Herald as the\nmouthpiece of his party, and conducted it for several years.\nMeanwhile he was engaged also in legal journalism and literature, and, in 1855, aided in the publication of the Upper\nCanada Law Journal. Mr. Patton's political ambition does\nnot appear to have been over-active, since he uniformly declined to become a candidate for Parliamentary honours.\nIn 1856, however, he contested successfully the Saugeen\nDivision (Bruce, Grey and North Simcoe), immediately\nafter the Legislative Council had been made elective.* As\na member of the Upper House, the Hon. Mr. Patton was a\nstaunch Conservative, and it was he who moved the vote of\ni\nnon-confidence in the Brown-Dorion Government of 1858,\ncarried as already mentioned by sixteen to eight. At the\nensuing election he was defeated by the Hon. Mr. McMurrich,\nand has not since entered Parliament. Mr. Patton has taken\na deep interest in educational matters, particularly in the\naffairs of his alma mater, the University of Toronto. He\n\u2666The votes recorded were for Mr. Patton, 1712; for Mr. (afterwards the Hon.) J. McMurrich, 1469; for James Beaty, 1153. 600\nTEE SCOT IN BRITISH NORTH AMERICA.\nhas served as V\u00abice-Chancellor of that institution, and was\nfirst president of the Toronto University Association, a body\nformed to secure the restoration of the rights of graduates\nin convocation. Of late years he has chiefly devoted himself to the practice of his profession, as a partner of Sir John\nMacdonald, and in the spring of 1881 he received the appointment of Collector of Customs at the port of Toronto.\nThe Hon. John Young* was born at Ayr, on the 4th of\nMarch, 1811, and educated at the parish school, like so many\nother Scots who have risen to eminence in the world. For\nsome time he was himself a school-teacher in the neighbourhood of his native town; but, in 1826, he made his way to\nCanada, and began as a clerk in the mercantile establishment of Mr. John Torrance. In 1835, when only twenty-\nfour years of age, he entered into partnership with Mr. David\nTorrance, at Quebec. Before the outbreak of the rebellion,\nhe took the liberty of representing to Lord Gosf ord, the Governor of that day, the \" breakers ahead,\" and suggested the\nestablishment of volunteer companies; but his counsels were\nunheeded. When the storm burst, Mr. Young at once volunteered to aid in raising a regiment, a task accomplished within\ntwenty-four hours. Meanwhile he had removed to Montreal, which, with characteristic prescience, the young Scot\nsaw would be the future centre of trade. In the commercial metropolis he was a member of the firm of Stephens\nYoung & Co. During the Metcalfe crisis, Mr. Young was\nreturning officer, and at once searched for and seized arms\n* For many of the particulars In this sketch the writer is indebted to the Weekly\nGlobe, June 9th, 1876, and the Montreal Herald, April 15th, 1878. THE SCOT IN BRITISH NORTH AMERICA.\n601\nwherever found. His vigorous action secured the peace of\nthe city, and his name was specially mentioned in the Governor's dispatch to Downing Street. It would be impossible\nhere to enter upon all the enterprises with which his name\nwas associated. His heart was thoroughly devoted to the\ninterests of Montreal, its harbour, its railway connections,\nits trade, and also its culture. In 1846, he espoused the\nprinciples of free-trade with ardent enthusiasm, and remained\nfaithful to them throughout life.\nIn 1851, although he had not been previously a member\nof Parliament, Mr. Young's administrative ability and knowledge of trade were so well recognised that he was chosen as\n\u00a9 \u00a9\nCommissioner of Public Works on the formation of the\nHincks-Morin Cabinet. He found a seat for the city of\nMontreal, and continued to represent it until 1857, when ill-\nhealth compelled him to retire. In 1863, he was unsuccessful as a candidate for Montreal West, but in 1872 succeeded by a majority of 800. In the House of Commons he\nfigured as a member of the Opposition; but, local interests\nagain pressing upon him, he finally retired in 1874. He was\nPresident of the Board of Trade, and during the later years\nof his life filled the office ol Harbour Commissioner of the\nport of Montreal. He was a man of stalwart frame and fine\npresence, genial, no less than able and vigorous. Unhappily\na sunstroke, supervening upon a long-standing affection of\nthe heart, laid him low, and he died on the 12th of April,\n1878, universally mourned by all classes in the city he had\nloved and served so well. 602 TEE SCOT IN BRITISH NORTE AMERICA.\nThe Hon. James Ferrier is another old mercantile resident\nof Montreal, who, notwithstanding the brief space at our\ncommand, deserves special notice. He was born in Fifeshire,\nso far back as 1800. When just of age he removed to\nCanada, and at once entered upon his business career. Like\nMr. Young, his affections were bound up in the city of his\nadoption. In the corporation, in the militia, in the banks,\nassurance companies, the railways, and institutions devoted\nto culture, he was always to be found at the post of duty.\nNor did he forget his native land, for, more than once, he\npresided over the St. Andrew's Society, and aided in other\nbenevolent efforts. Perhaps, however, he .himself, in the\nevening of his days, would take superior pride in his work\nfor religion and temperance. A Wesleyan, like not a few of\nthe Montreal Scots, he proved himself a power in his church.\nFor many years he was a Sunday-school Superintendent\u2014\nperhaps, indeed, he has not yet resigned the position. In\nmissionary effort, no Montrealer has exerted himself with\nmore energy and single-mindedness. His public life has not\nbeen an eventful one. A Conservative in politics, he has sat\nin the Upper House since 1847, and is still a member of the\nSenate.\nThe Hon. David Christie was connected with the sister\nProvince. Born'at Edinburgh, in the autumn of 1818, he\ncame to Canada, while yet a lad, in 1833. In 1851, Mr.\nChristie first entered Parliament, as member for Wentworth;\nin 1855, he was returned for East Brant, but resigned in\n1858, to become a candidate for the Legislative Council in\nthe Erie division. He succeeded by the very large majority SsSSsS^\"S^^^SSi^^S\u00a7$\nTHE SCOT IN BRITISH NORTH AMERICA.\n603\nof twelve hundred and fifty-nine over Dr. Bown. This seat\nhe retained until the Union, when he was made a Senator\nof the Dominion. When Mr. Mackenzie succeeded to\npower, on the 7th November, 1873, Mr. Christie entered the\n\u2022Cabinet as Secretary of State; but early in the following\nJanuary he became Speaker of the Senate, an office he filled\nwith great dignity and credit until the administration resigned, in October, 1878. Mr. Christie will chiefly be remembered hereafter in connection with Upper Canadian\nagriculture. As early as 1846, he was active in organizing\nthe Provincial Agricultural Association, and proved its\nmost active spirit for many years, filling the Presidential chair\nfor the last time in 1870. He was one of the prime movers\nin the establishment of the Agricultural College; but his\nefforts in the cause of culture did not stop there. He served\non the Senate of the Toronto University, and was vigorously\nactive in many other positions of useful activity. Mr.\nChristie, notwithstanding the early age at which he left the\nfatherland, was above all things a Scot. Blunt and straightforward in manner, inflexible in matters of principle, he\nworked hard in every effort to advance his adopted country.\nIn politics unmistakably a Liberal, nevertheless he did not\nbreak with the old leaders so early as some of his future\nallies. I Douce Davie,\" his recalcitrant brethren used to call\nhim in those days gone by; certainly, however, he never\nwavered in the course he had marked out for himself, but\n\u2022died, as he had lived, a strict and uncompromising Reformer.\nMr. Christie died at Paris, Ontario, towards the close of\n1880, in the sixty-third year of his age. 604\nTHE SCOT IN BRITISH NORTH AMERICA.\nThe Hon. Matthew Crooks Cameron, a Conservative, made\nhis'mark in public life after Confederation; still his career\ndid not begin with 1867. The son of a Scot, Mr. John M.\n\u00a9\nA. Cameron, of the Canada Company, he was born at Dun-\ndas, in the year 1823, and educated at Upper Canada College. Having studied for the legal profession, he was called\nto the Bar early in 1849. In 1861, Mr. Cameron first entered Parliament, as member for North Ontario, having previously occupied a seat in the Toronto City Council. In the\nearly part of the same year he contested the Mayoralty of\nthe city, but was unsuccessful. Another general election occurred in 1833, when he suffered defeat; but he defeated Mr.\nMacdougall, who had accepted office, in the following year,\nand retained his seat until the Union. During this period\nhe was a regular supporter of the Cartier-Macdonald Government, and his name appears in the minority for the\nsecond reading of the Militia Bill. He opposed the Mac-\ndonald-Sicotte Government while in Parliament. Through-\nout the debate on Confederation, Mr. Cameron voted with\nthe minority, because he thought that justice was not\nsecured under it towards the province of Upper Canada.\nSo soon, however, as the union was consummated, Mr. Cameron gracefully and at once agreed to unite with Mr. Sandfield Macdonald in forming a Government for Ontario. The\noffice which fell to his lot was the Provincial Secretaryship, and\nhe retained it from July, 1867, until the 25th of July, 1871,\nwhen he was transferred to the Crown Lands department.\nThe following December, however, the Cabinet was defeated\non the railway subsidy question, and Mr. Cameron left office* TEE SCOT IN BRITISH NORTH AMERICA.\n605\nwith his colleagues. During the next four years he was\nleader of the Opposition, and then retired from public life.\nTowards the end of 1878, Mr. Cameron was elevated to the\nBench, and is now the senior puisne* Judge of the Court of\nQueen's Bench. As a politician, and more especially as a\nparty-leader, the honourable gentleman never seemed altogether at home. His intellect was eminently a logical one,\nand had been trained in the legal school. He knew nothing\n\u00a9 O\nof compromises, and 'was given to the blunt expression of\nhis honest views. There was little pliability in his disposition, and the necessary shifts and expedients resorted to in\nactive political warfare were distasteful to him. As a speaker,\nlie has always been clear and incisive, going straight to the\npoint as finely wrought and well-balanced minds are wont to\ndo. In the Government, he was a hard-working and painstaking head of department, and he has the singular felicity\nof being able to boast that no one can lay a finger upon any\nstain or imputation upon his official integrity. On the\nBench, Mr. Cameron has more than fulfilled the expectations\nformed of him. Whether questions of fact or arguments on\nlaw are presented to him, there is evidence, not only of\nlucidity and mastery in dealing with the case, but also of\nspotless conscientiousness, and an absorbing desire to do justice between man and man. His speeches in public life were,\nperhaps, too unsympathetic to attract, and his manner\nand voice were also against him. On the bench, however,\nwhere rhetoric is out of place, Mr. Cameron is in his true\nelement, and it may be hoped that many years of public usefulness are yet before him.\ni \u2022606\nTHE SCOT IN BRITISH NORTH AMERICA.\nThere are other Scots still who entered public life shortly\nbefore Confederation; but their active careers will more\nproperly occupy attention in the next volume, in which it\nis proposed to deal with the Lower Provinces and with the\nDominion and its component parts afterl867. Meanwhile it is\nnecessary to turn back upon some of the ground traversed\nand view the affiairs of the old Province of Canada as a whole.\nConcerning the Metcalfe period, enough has already been said\n\u2022since the chief actors were not of Scottish origin. Earl Cath-\ncart, who became Administrator at the retirement of Lord\nMetcalfe, was the second Earl; but he inherited the title of\nBaron in Scotland through a long line, the dignity having been\nconferred in 1447. He was a soldier and the son of a soldier,\nand had seen as much active service as any man in the army.\nEntering an ensign in 1799, he fought with Sir Ralph Aber-\ncrombie in Holland ; subsequently at Naples, Sicily, the Baltic, Walcheren, and Flushing. In 1811-13, he served in the\nPeninsular war, at Barossa, Salamanca and Vittoria. In 1815,\nwhen the war again broke out, he was on Wellington's cavalry staff, and took part in the crowning victory of Waterloo where, as Lord Greenock, his courtesy title, he greatly distinguished himself, led several charges, and had three horses\n\u2022shot under him. During the long peace, he filled several\npositions of honour and trust, and, in 1845, was appointed\ncommander of the forces in British North America. When\nLord Metcalfe resigned, Earl Cathcart succeeded, first as Administrator and then as Governor-General. The Oregon\nboundary question at that time threatened to cause a rupture between England and the United States, and his lordship THE SCOT IN BRITISE NORTH AMERICA.\n607\nat once set about the organization of the Canadian defences;\nbut, when the storm blew over, the necessity for his presence\nwas obviated, and he was relieved. The only political event\nof importance then was the agitation in Lower Canada for\npayment of the Rebellion losses, but the matter had not yet\ncome to an issue. Years after, Lord Cathcart once more\nserved his country in arms during the Crimean war. He\nwas emphatically an army reformer, and sensitively concerned for the comfort of the soldier. A few years of leisure\nwere left him, and he passed peacefully away at his country\nseat in the seventy-sixth year of his age, thankful, as he\nsaid, that heaven had permitted the continuance of his sojourn on earth to witness his | dearest and fondly cherished hopes so fully realized.\"\nThis volume will appropriately close with a sketch of the life\nand career of the distinguished nobleman, under whose\nauspices, and by whose exertions mainly, the principle of responsible government was definitively established in Canada.\nThe reactionary policy of Lord Metcalfe had clearly demonstrated that the concession of so great a boon as free\nparliamentary rule was in itself of little avail, unless some\nman thoroughly imbued with its spirit were called upon\nto preside over its practical operation. So long as theorists\nin high places could, at pleasure, set at naught its plainest\naxioms, the security for Canadian liberty must necessarily\nbe precarious. The hour had now come when the controversy was to be settled at once and forever; and with it\nappeared the man.\n5' 608 THE SCOT IN BRITISH NORTH AMERICA.\nJames Bruce, eighth Earl of Elgin, and twelfth Earl of\nKincardine, was born in London, on July 20th, 1811* His\nfather was the well-known ambassador to Constantinople,\nwhose name was connected with the Elgin marbles, and\nmost undeservedly held up to popular execration in Byron's\nCurse of Minerva. The family boasted royal ancestry;\nfor the Earl was the chief representative of the stock of\nRobert the Bruce. The ancestral seat was Broomhall in Fife-\nshire, and Lord Elgin's father and mother were both natives\nof that county. After a preliminary education in Scotland,\nJames Bruce went to Edinburgh, and subsequently to Christ\nChurch, Oxford. At the University he found himself surrounded by young men who afterwards made a distinguished\nfigure in public life\u2014Lords Canning, and Dalhousie, the\nDuke of Newcastle, Lord Herbert of Lea, Robert Lowe (Lord\nSherbrooke), Lord Cardwell and Lord Selborne, now Lord\nChancellor, and Mr. Gladstone. He appears to have lived a retired life at Oxford, having a few friends who highly prized his\njudgment and always sought his advice. The family estate\nhad been seriously embarrassed by his father's antiquarian\ntastes ; and he was obliged to make the best of the time at\ncommand. One relaxation alone he conceded to himself\u2014\nand that was in the nature of a discipline\u2014debating at the\nUnion. That he was possessed of rare oratorical gifts we\nare assured on unimpeachable testimony.*f* Had he been\n* The chief authority here is Walrond : Letters and Journals of James, eighth Earl of\nElginm\/Uh a Preface by Dean Stanley. London, 1872. Canadian Portraits, ii., p. 97,\nCelebrated Canadians, p. 560, and the histories have also been consulted.\nt After his death,-Mr. Gladstone wrote as follows : '\u25a0 I well remember placing him as to\nthe. natural gift of eloquence, at the head of all those I knew either at Eton or at the\nUniversity. ~~t~***~****~*********f~*l\nTHE SCOT IN BRITISH NORTH AMERICA.\n609\neither the scion of a wealthy house, or simply a political adventurer, he would have made his way in public life at home.\nBut the burden of a name, linked with encumbered property,\nweighed heavily upon him; so with conscientious energy he\nset himself to work to repair the family fortunes. He had\nintended to compete for double honours, but illness, caused by\noverwork, compelled hirn to confine himself to classics, yet\nhe obtained a first class. Having secured a fellowship, he\nentered at Lincoln's Inn in 1835, but does not appear to\n\u25a0have gone farther in the legal profession. The greater\n-part of his time was spent at Broomhall where, in his father's\nabsence, he acted as lord of the estate, commanding a troop\nof yeomanry, presiding at farmers' dinners, or addressing at\nthe request of Dr. Chalmers, public meetings in favour of\nchurch extension. Singularly enough, although a great admirer of Milton's prose works, he was at this time a staunch\nTory, and his first political effort was an address to the electors of Great Britain, published in 1834, in which he strongly\nurged the claims of the Duke of Wellington and the other\nTory leaders.\nIn 1840, he was returned to the Commons for Southampton, as a Liberal Conservative.* The young member, being\nin opposition, did not make his maiden speech on the Address, but as seconder of an amendment to it, which was carried.*!- In consequence Lord Melbourne resigned, and Sir\n* At a banquet given at the borough, he said, \" I am a Conservative, not because I am\nadverse to Improvement, not because I am unwilling to repair what is wasted, or to supply\nwhat is defective in the political fabric, but because I am satisfied that, in order to improve\neffectually, you mu3t be resolved most religiously to preserve.\"\nt From this speech two extracts may be made, In order to show the political leanings of\nthe future Governor; \"He should at all times be prepared to vote for a free trade, on the 610 THE SCOT IN BRITISE NORTE AMERICA.\nRobert Peel reigned in his stead. Thus promisingly began\nyoung Bruce's political career; but it was destined to be cut\nshort by circumstances beyond his control. His elder stepbrother had died in 1840, and was followed next year by his\nfather, so that he found himself a Scottish earl, yet without a\nseat in either House of Parliament. No prospect could well\nbe more disheartening to a talented and eloquent young\nman; yet another opening was made for him in a quarter\nwhence he was to gather laurels during a life all too short\nfor the public interests. When not yet thirty-one years of\nage, in March, 1842, Lord Stanley (the late Lord Derby)\nnominated him Governor of Jamaica. This voyage ended\nmost disastrously for him, for the steamer struck upon a coral\nreef and became a total wreck. No lives were lost then;\nbut the shock proved too much for Lady Elgin's delicate\nstate of health. Shortly afterwards she gave birth to a\ndaughter, and, although rallying for a time, there was no\npermanent recovery, and she passed away in the summer of\n1843.\nThe duties of Lord Elgin's new office were sufficiently\nonerous and perplexing. The respective spheres of the\nQueen's representative and the legislature were ill-defined,\nand the Colonial Office had not yet learned to abstain from\ndictation to its distant officers. In Jamaica matters were\ncomplicated by the emancipation measure. There was the\ngreatest difficulty in making the Assembly understand that\nprinciples of reciprocity, due regard being had to the interests which had grown up under\nour present commercial system.\" At the same time, speaking of the outcry against monopolies, he said, \" In a day when all monopolies are denounced, I must be permitted to say\nthat, to my mind, the monopoly which is the most intolerable and odious is the pretension to the monopoly of public virtue.\" TEE SCOT IN BRITISH NORTH AMERICA.\nit owed something to the freedmen. The legislators, in fact,\nformed a sort of landed aristocracy, tenacious of their own\npower, yet by no means disposed to employ it for the elevation of those who had been their slaves. They were intent-\nupon discussing constitutional questions at the expense of\nthe weightier social problem which lay before them. The-\nnew Governor, whilst endeavouring to conciliate all classes,\nwas anxious that everything should be postponed to \u00a7 the\npromotion of the moral well-being of the population, and the-\nrestoration of the commercial prosperity of the island.\" At\nthe outset a difficulty had arisen concerning the tariff adopted\nby the Legislature. It contravened the' new economical\nprinciples then in vogue in England, and the Governor was\nperemptorily ordered to withhold his sanction. He, however,,\nremonstrated with the Colonial Office, and was left unfettered\nin the matter. The chief aim Lord Elgin proposed to himself was the education of the negroes and their elevation\nmorally and socially. He saw that, sooner or later, they must\nexercise weight in the electorate, and it was his anxious de-\n\u00a9 I\nsire to make them intelligent and industrious men. In order\nto stimulate agricultural improvement, he offered a -prize of\n\u00a3100 for the best essay on sugar-cane cultivation, and promoted the establishment of a Jamaica Agricultural Association. In the cause of religion, then as always, Lord Elgin\ntook a warm interest, not as a mere political institution, but\nas the very life of any community. To him education, intelligence and ability, without \" the motive power,\" as he\ntermed it, were foredoomed to failure. So he laboured on,\nwith chequered fortunes, mostly of the brighter sort, how- 612 THE SCOT IN BRITISH NORTH AMERICA.\never, until the spring of 1846, when, after several requests\nto be allowed to retire, he was permitted to do so, and went\nto England on leave of absence, not again to return.\nOn his arrival home, he found the old Conservative party\nbroken up, in consequence of the Free Trade policy of Sir\nRobert Peel. Lord Stanley had retired, and had been succeeded by MrvGladstone. But shortly>fter, Lord John Russell was Premier, and Earl Grey, Colonial Secretary. The\nlatter knew nothing of him except by reputation, yet, notwithstanding political differences, his lordship first endeavoured to induce him to resume the Governorship of Jamaica,\nand then nominated him to the higher office of Governor-\nGeneral of British North America. Lord Elgin accepted the\noffice, not as an opening to fame, but to usefulness, impressed\nless by the dignity of the position, than by its responsibilities. It may be truly said of him that no servant of the\nCrown was ever more completely under the abiding influence of a sense of duty\u2014none more completely under the\ncontrol of conscience.* On the seventh of November, 1846,\nhe married Lady Maria Lambton, daughter of Earl Durham,\nand left for Canada early in the following year. After a\nstormy passage, he reached Boston on the 25 th of January,\nand arrived at Montreal on the 29th. .\n* It may not be amiss to give some idea of Lord Elgin's elevated views of a Governor's\nduty, from a speech at a farewell dinner at Dunfermline. \"To watch over the interests of\nthese great offshoots of the British race which plant themselves in distant lands; to aid them\nin their efforts to extend the domain of civilization, and to fulfil that first behest of a benevolent Creator 'subdue the earth;' to abet the generous endeavours to impart to these\nrising communities the full advantages of British laws, British institutions, and British\nfreedom; to assist them in maintaining unimpaired, it may be in strengthening and confirming those bonds of mutual affection which unite the parent and dependent states.\nThese are duties not to be lightly undertaken, and which may well claim the exercise of\nall the faculties and energies of an earnest and patriotic mind.\" THE SCOT IN BRITISH NORTH AMERICA.\n613\nThe reader is already in possession of the state of affairs at\nthe time of Lord Elgin's arrival. Lord Metcalfe's rSgime was\nover, and Earl Cathcart had meanwhile chosen the attitude\nof a calm and impartial ruler. When the new Governor-\nGeneral arrived, he was well received, and in an address to\nthe citizens of Montreal, clearly laid down his views on the\npart he was called upon to play in the affairs of the Province* His \"genial manners and eloquent gift of utterance,\nsoon made him popular with all classes and both nationalities ; but he saw clearly enough the rocks ahead. The Sherwood-Daly ministry was in power, and the Governor-General, true to his settled principles, gave his advisers the fullest\nconfidence.*f* At all hazards, it was his fixed determination\nto be true to Responsible Government, and to carry out its\nmaxims in practice at any cost. The parties, however,\ndid not satisfy him, because they were rather sectional than\nLiberal or Conservative; and the only solution seemed to be\na division of the Lower Canadian party into two divisions,\none of which could ally itself to a corresponding one in Upper Canada. The party titles he regarded as misnomers,\nwhereas it would be better if they became realities instead\nof nullities, as hitherto. | The sectional element\" he wrote\nto Earl Grey, \" would be merged in the political, if the split\nI refer to were accomplished.\"\n* Turcotte, ii. p.8.\nt \"The principles on which Lord Elgin undertook to conduct the affairs of the colony\nwere, that he should identify himself with no party, but make himself a mediator and moderator between the influential of all parties; that he should have no Ministers who did not\nenjoy the confidence of the Assembly, or, in the last resort, of the people ; aud that he\nshould not refuse his consent to any measure proposed by his Ministry, unless It were of an\nextreme party character, such as the Assembly, or the people, would be sure to disapprove.\"\n\u2014Lord Grey : Colonial Policy, i. p. 207, quoted in Walrond, p. 34.\nS -614 THE SCOT IN BRITISH NORTH AMERICA.\nLord Elgin opened the Session on the second of June,\n1847, in a speech in which he announced various concessions\non the part of the Imperial Government* During the debate on the Address, Mr. Baldwin, leader of the Opposition,\nvery adroitly moved an amendment, congratulating his\n\u2022Excellency upon his alliance with the Durham family, and\nexpressing a hope that the country would owe to it the\nestablishment of responsible government. After a heated\ndebate extending over three days, the Address was finally\ncarried, but only by a majority of two. The elections of\n1847-8 completely overturned the Conservative supremacy.\nIn Lower Canada, only five or six Ministerialists found seats,\nand, even in Upper Canada, Mr. Baldwin was able once more\nto boast of a majority. Parliament met on the 25th of February, 1848, and the first trial of strength was made on the\nSpeakership. Sir Allan McNab was again proposed by one\nof the Ministers, Mr. Morin by Mr. Baldwin.^. On a division,\nthe former only received nineteen votes, the latter, fifty-\nfour. On the Address, the Opposition leader forced a direct\nvote of non-confidence, which was carried on a similar vote.\nMr. Sherwood resigned, and the Baldwin-Lafontaine Government succeeded to power. One has only to contrast the\nresignations of 1843 with the peaceful triumph of 1848 to\nmark the profound difference between the policy and tactics\nof Lord Metcalfe and those of his illustrious successor.\nDuring Lord Cathcart's brief term, as already stated, the\n.question of compensation for losses during the Lower Cana-\n* -In a private letter written at this time, Lord Elgin wrote : \" I still adhere to my opinion\nthat the real and effectual vindication of Lord Durham's memory and proceedings, will be\nthe success of a Governor-General of Canada who works out his views of government fairly.\" ~S~9~*i|^|^~^~*^~*~l~^~^~H\nTHE SCOT IN BRITISH NORTH AMERICA.\n615\ndian rebellion came before Parliament. In the sister Province similar claims had been adjusted by general consent,\non condition that a companion measure should be passed\nimmediately for Lower Canada. So long as the old Ministers remained in power, they made no difficulty about it.\nOn the contrary, Lord Metcalfe had appointed a commission\nof enquiry with a view to an equitable settlement of the\nquestion: Mr. Draper afterwards introduced a Rebellion\nLosses Bill which, had the party continued in office, would\nno doubt have become law. But the change of government\n\u00a9 \u00a9\nnaturally altered the attitude of the Conservative party.\nThe Bill referred to had been framed in order to conciliate support from the French party; but so soon as the\ngeneral election showed clearly enough that that hope was\ndelusive, the new Opposition tacked its sails, and steered in\nanother direction. The original measure had proposed to\nsecure compensation for | certain loyal inhabitants \" of the\nLower Province who had suffered in 1837-8; the cry was now\nraised that the Baldwin Administration proposed to reward\nrebels as well as loyalists. It is clear from Lord Elgin's\nprivate correspondence that he did not altogether approve\nof the proposed Bill. He called it | a questionable measure,\nbut one that the preceding administration had rendered almost inevitable by certain proceedings adopted by them.\"\nThe Government measure simply proposed, to set apart\n\u00a390,000, and, by a proviso of the bill, no person who had\nbeen found guilty of treason was to be entitled to any in-\ndemnity.\nResolutions introduced by Mr. Lafontaine were carried by\na vote of forty-eight to twenty-three. During the debate 616 TEE SCOT IN BRITISE NORTE AMERICA.\nsome violent, not to say incendiary, language was employed\non the side of the Opposition. Mr. Sherwood denounced, on\nbehalf of those who had lost parents and near relations, the\nproposal to recompense those who had been the cause of\nmurders and bloodshed throughout the country. Sir Allan\nMcNab went further and inveighed against the entire\nFrench Canadian race, stigmatizing them as I rebels and\naliens.\" The reply simply was that Government would take\ncare by their instructions to the Commissioners that no rebel\nshould receive any portion of the indemnity, and that, on\nthis condition, there was no valid objection to a measure of\njustice to which both parties were equally pledged. On\nthat side Mr. Blake ventured to essay reprisals, and, in a\nscathing address, arraigned the I family compact\" at the\nbar of public opinion. The term I rebels \" was retorted by\nthe Solicitor-General, and a rencontre between Sir Allan\nMcNab and him was the consequence. The Bill passed in\nthe Assembly by a vote of forty-seven to eighteen\u2014and in\nthe Council by twenty to fourteen.\nIt was now that his Excellency became most unmeritedly\nthe victim of heated passion in and without Parliament. The\ncourse he had marked out for himself clearly allowed him no\nalternative. Either he must adhere unflinchingly to the\nprinciple of responsible government, or adopt the rdle of\nLord Metcalfe. The Opposition at once commenced an agitation, and sent in petitions, but not to either House of the legislature, for that would now have been useless. They invoked\nthe exercise of the royal prerogative, either in the form of\ndissolution or a reservation of the bill.* His Excellency lis-\n* At this time he wrote: \"The Tory party are doing what they can by menace, intimidation, and appeals to passion, to drive me to a coup A'itat, and yet the very measure which is. TEE SCOT IN BRITISE NORTE AMERICA.\n617\ntened to these requests calmly, and without committing himself. It was clear that a dissolution was out of the question.\nThe House was only a year old, elected, moreover, when the\nOpposition party was in power; and therefore what possible\npretext could there be for an appeal to the electorate ? No\nconstitutional ruler could hesitate for a moment as to the\nduty which lay before him in this regard.* Some of his\nExcellency's friends in England appear to have thought that\nh.e might have saved himself some annoyance by reserving\nthe Bill. He declined to do so, first, because a similar measure relating to Upper Canada had not been reserved; but\nchiefly because he would, by adopting that course, be throwing upon the Imperial Government a responsibility which\n\u25a0ought properly to rest upon his own shoulders. | If I pass\nthe bill,\" he said in his manly way, | whatever mischief ensues may probably be repaired, if the worst comes to the\nworst, by the sacrifice of me.\"\nAs a question of constitutional principle, there was no\npath open to him but one. He found an overwhelming\nmajority from Lower Canada in its favour, and of the ten\nmembers of British descent from that Province, six voted in\nits favour, and only four against it. Seventeen Upper Canadian representatives were in the majority also as against\nat this moment the occasion of so loud an outcry, is nothing more than a strict, logical following out of their own acts.\" In the same letter, he regretted the introduction of the measure, which was only justifiable in his view by its necessity.\n* In order, as far as possible, to allow Lord Elgin to state the case in his own language,\nwe again quote: \" If I had dissolved Parliament, I might have produced a rebellion, but\nmost assuredly I should not have procured a chancre of Ministry. The leaders of the party\nknow that as well as I do, and were it possible to play tricks in such grave concerns, it would\nhave been easy to throw them into utter confusion by merely calling upon them to form a\n\u2022Government. They were aware, however, that I could not, for the sake of discomfiting\nrthem, hazard so desperate a policy; so they have played out their game of faction and violence, without fear of consequences.\" 618\nTEE SCOT IN BRITISE NORTE AMERICA.\nfourteen Could the will of the people be more clearly expressed ; and, that being the case, what had Downing Street\nto do with it ? On the 25th of April, 1849, therefore, Lord\nEl\nthe action of the Imperial Parliament lulled the turbulence\nof passion; but, towards the end of August, the arrest of\nsome parties concerned in the destruction of the Parliament\nbuildings caused the violent spirit to break out anew. Unhappily, during a fresh attack on Mr. Lafontaine's house, a\nyoung man was shot, and his funeral was made the pretext\nfor another riotous demonstration. The magistrates represented that nothing could save Montreal but the proclamation of martial law. But Lord Elgin said that \" he would\nneither consent to martial law, nor to any measures of increased rigour whatsoever, until a further appeal had been\nmade to the mayor and corporation of the city.\" The result\nwas a proclamation from the Mayor which finally quieted\nthe malcontents.\nHis Excellency's Ministers now represented that the seat\nof Government should be removed, and the alternate system adopted. Personally, Lord Elgin deprecated the aban-\nJ\" One of these addresses, from the county of Glengarry, an ancient settlement of Scottish Loyalists, appears to have touched the Scotsman's heart within the statesman's.\"\u2014\nWalrond, p. 87, where the reply will be found entire. TEE SCOT IN BRITISE NORTE AMERICA.\n621\ndonment of Montreal; and he disliked going immediately to\nQuebec, because it would at once be urged that the Government was under French Canadian influence. It was finally\nagreed, after reference to the Home Government, that the\nnext Session should be held at Toronto. During the au-\n\u00a9\ntumn, his lordship visited the west, without military escort,\nin order as he said, \"to contradict the allegation that he required protection.\" He was received almost everywhere with\nenthusiasm, except in some of the cities, where his opponents\nwere able to cause slight disturbances.\"*\nIt was natural, at the time, that Lord Elgin's policy of\nforbearance should be the subject of angry and impatient\ncriticism. InEngland,especially,some of the warmest admirers\nof his general policy- censured him for not suppressing the\ndisturbances with a high hand. There seemed to be a lack\nof \"nerve and vigour,\" whereas, in point of fact, there were\nthe firmest resolution and strength of will. Now that the\nLea ted passions of the time have lost all their force, we can\nsee clearly that there was greater courage required in patient submission to unjust reproaches, than would have\nbeen shown by any display of force, with its inevitable re-\nsults.*f*\n* The writer, then a boy, witnessed ong of these 6meutes at the corner of Yonge and\nKing streets, Toronto, when stones and rotten eggs were thrown, and a rabble ran hooting\nwith the Governor's carriage.\nt Writing two years later, his Lordship, in an interesting letter (Walrond, p. 96), expresses\nentire satisfaction with the retrospect. \" I have been told by Americans ' we thought you\nwere right; but we could not understand why you did not shoot them down.'\" And a public man in Canada, out of politics when the letter was written, said, \"' Yes, I see it all\nnow j you were right\u2014a thousand times right\u2014though I- thought otherwise then. I own\nthat I would have reduced Montreal to ashes before I would have endured half of what you\ndid ; and he added, ' I should have been justified too.' ' Yes,' I answered, 'you would have\nbeen justified, because your course would have been perfectly defensible; but it would not\nnave been the best course. Mine was a better one.'\" 622\nTEE SCOT IN BRITISE NORTE AMERICA.\nIt is easy to accuse men in high station of pusillanimity,\nwhen they are only calm, thoughtful, and self-possessed.\nSir Francis Head would not have acted so; and the contrast is a sufficient justification of his constitutional successor.\nIt is harder to conquer by moral agencies than by physical\nforce; but the victory, if it be achieved, is ten-fold more glorious, and Lord Elgin succeeded in the teeth of difficulties\nwhich would have turned the heads of most Governors, and\nappalled not a few of the most courageous of them. In\nthe heat of the struggle, he had said to the men of Glengarry:\n11 claim to have something of your own spirit: devotion to\na cause which I believe to be a just one\u2014courage to confront, if need be, danger, and even obloquy in its pursuit\u2014\nand an j undying faith that God protects the right.\" His\nconfidence, as the event proved, was not misplaced.\nIn 1849, the annexation manifesto appeared, and among\nthe signatories wrere magistrates, Queen's counsel and militia\nofficers. Lord Elgin pointed out to Earl Grey, that, whenever any cause of discontent arose, the aggrieved party always proposed union with the. neighbouring republic. Whether the British or French party felt ill at ease, or commercial depression came upon the country, the panacea of all\nills was sure to be annexation. \" A great deal of this talk,\"\n\u00a9\nhe said, \"is bravado, however, and a great deal the mere product of thoughtlessness.\" To put a final stop to these periodical ebullitions of feeling, his Excellency suggested free\nnavigation and a reciprocity treaty with the United States as\nindispensable measures. At the same time, while contemplating remedial measures, he assented to the dismissal of\nall servants of the Crown, holding office during pleasure, SE^^^S^H^^H^S^^^^^SSkk^^hss&ssS!\nTEE SCOT IN BRITISE NORTE AMERICA.\n625\nwho had signed the manifesto. At this time, Lord Elgin\nwas raised to the British peerage, and already had a son\nand heir to receive the honour after him.\nFrom this time forward Lord Elgin's most strenuous efforts-\nwere put forth to secure the two commercial reforms he had\nat heart. It was only in June, 1849, that the Imperial Navigation Laws were abolished, and the1 result was an immediate stimulus to Canadian trade. The reciprocity project,\ndid not fare so well. It was hardly a national, and in no\nsense a party question ; and, therefore, it was with the greatest difficulty that the American Congress could be induced\nto entertain it at all. Lord Elgin's attitude was one of neu-\n\u00a9\ntrality in an economic point of view. He was a modified\nfree-trader; but he could not disguise from himself the exceptional position of Canada. Heartily in favour of reciprocity, he demurred to absolute free-trade. Knowing that\nBrother Jonathan was a hard man to deal with,* he trusted,,\nnevertheless, by prudent negotiation, to secure for Canada a\ntreaty fair to both sides. During over three years, the contracting parties were at work without tangible results. Congress played with the measure, discussed it fitfully, and then\nallowed it to perish with the rest of the 1 murdered innocents,\" when the time for adjournment drew nigh. At length,,\nin 1854, Lord Elgin himself was despatched to Washington,,\nand, within a few weeks, concluded a treaty with Mr. Marcy,.\n* Speaking of the annexation movement, he wrote: \" They (the Canadians) are invited\nto form a part of a community which is neither suffering nor f reetrading, which never makes\na bargain without getting at least twice as much as It gives; a community the members of\nwhich have been, within the last few weeks, pouring into their multifarious places of wor-\ns hip, to thank God that they are exempt from the ills which afflict other men, from those\nespecially which afflict their despised neighbours, the inhabitants of North America, who-\nhave remained faithful to the country which planted them.\" 624 TEE SCOT IN BRITISE NORTE AMERICA.\nthe Secretary of State, which was ratified by the Senate, and\ncontinued in force until President Lincoln terminated it in\n18G6, after the necessary twelve months' notice.\nHome politics were early becoming brisk at Toronto. The\ninevitable Clergy Eeserve question had rent the Reform\nparty in two, and a new period of disorganization opened to\nview. The question of separate schools also rose to the\nfront, and the signs of political tension became more marked.\nHappily the Governor General was not involved in these\n\u2022controversies. At the same time the regular and easy manner in which vexed questions were discussed up to the point\n-of settlement forms the best possible justification of Lord\nElgin's sagacious course from the first. I The true policy,\"\nhe had written to the Duke of Newcastle, | in my humble\njudgment, is to throw the whole weight of responsibility on\nthose who exercise the real power.\" \u2022 His guiding principle\nthroughout was | to let the colony have its own way in\neverything that was not contrary to public morality or to\n-some Imperial interest.\"* During the unhappy course of\nthe Rebellion Losses Bill he had maintained his point, with-\n\u2022out swerving in the slightest when he was assailed by reproaches and threatened with personal violence. The hour\n\u2022of triumph had at length arrived, and his Excellency, during\nthe remainder of his term, enjoyed its fruits in the regard\n\u2022and esteem of all Canadians. Whatever their opinions had\nbeen in the past, they felt that he was all along in the right,\nand had suffered injustice from those who should have welcomed the boon he proffered, and in a way forced upon them,\nwith the liveliest gratitude. Unhappily the Provinces had\nWalrond, p. 134. TEE SCOT IN BRITISE NORTE AMERICA.\n62\u00bb\npassed through bad hands in the early, and even in the*\nlater, time. Of old, the Governor and his self-appointed\nCouncil set the popular will at defiance; more recently the\nQueen's representative had figured as a partisan, identif ying-\nhimself with his advisers on the throne and at the polls.\nWhen the Home Government remonstrated, the dominant-\nparty quietly ignored- its authority ; when popular support-\nwas lacking, they rushed as suppliants to Downing Street.\nImperial interference was resented when it thwarted their\nviews, solicited when it might strengthen their power of resistance to \" the well-understood wishes of the people.\"\nLord Elgin, on the other hand, refused to invoke the .\npower behind him at every emergency. In his view, parliamentary government, on the recognised basis of executive\nresponsibility, must be accepted without reserve or demur.\nIf it were good for England, it was good for the colonies;,\nbut it could be of no benefit anywhere unless it had full\nscope, and were honestly carried out to the letter. With\nthe Clergy Reserves question there could be no constitutional\nentanglement. The Imperial Parliament had deliberately\nhanded over the subject to the Canadian Legislature by\nstatute, and the only question was what should be done with\nit. Meanwhile, however, the new Reform party had carried\non an agitation in favour of immediate secularization, with-\nout regard to the Imperial Act of 1791. They contended\nthat the Provincial Parliament was endowed with full power-\nto deal with the matter, without an appeal to England*\n* The Governor-General iu writing home stated that the strong feeling which had arisen\ncame of an inveterate jealousy of Anglican ascendency, aggravated by the political course\nof the Family Compact; and this feeUng \"allying itself with the voluntary spirit caught. 4526\nTHE SCOT IN BRITISH NORTH AMERICA.\nThe Government, however, decided to resort to the latter\nmeans ; and in 1850, an address to the Crown was adopted,\npraying that the Imperial Act might be repealed. The\nmotion passed by a vote of forty-six to twenty-three; but\nthe Upper Canadian vote stood eighteen to seventeen. Of\nthe latter, however, a number were in favour of secularization, although they differed from the Government in matters\nof detail.* In 1851, Lord John Russell introduced a Bill\nto grant the prayer of the Canadian address; but it was\ncrowded out by more pressing matters of Imperial concern.\nIn 1852, Lord Derby succeeded to office, and refused to take\nup the question ; but, in the following year, it was settled\nunder the Coalition Government of Lord Aberdeen. During\nthis interval there was no pause in the discussion on this\nside of the water. The new party, which appeared in considerable strength after the elections of 1851, demanded immediate secularization; but they failed to move the Government. At length in 1854, the McNab-Morin Cabinet took\nup the subject, and introduced a Secularization Bill, which,\nwith due regard to vested rights, devoted the reserves to\neducation and other public purposes. During the same year\nthe Seignorial Tenure was also abolished in Lower Canada,\nand thus two exciting questions were forever set at rest.\nAnother matter, the constitution of the Legislative Council\nhad early attracted Lord Elgin's attention. In a letter to\nLord Grey, written in March, 1850, he inclined to the opinion\nthat that body should be made elective. But at that time,\nfrom the Scottish Free Church movement of 1843, took the shape of opposition to every\nthing in the shape of a public provision for the support of religion, and the cry was raised\nfor the secularization of the Clergy Reserves.\"\n* TurcctpB, ii., p. 143. TEE SCOT IN BRITISE NORTE AMERICA.\n627\nMr. Baldwin was determinedly opposed to the project, and\nthe Imperial Government would not yield its sanction. Three\nyears later, in addressing the Duke of Newcastle, he urged\n\" that the position of the second chamber in our body politic\nis at present wholly unsatisfactory,\" and shortly after the\n\u2022Colonial Office succeeded in passing a measure conceding to\nCanada the right to deal with the constitution of the Council.\nLord Elgin, however, had left the Province before the\nmeasure rendering it elective was actually passed. It may be\n\u2022remarked, in passing, that the three chief opponents of the\nBill were Scots, Messrs. George Brown, J. Hillyard Cameron\nand John (afterwards Judge) Wilson, member for London.\nThe season for the Governor's departure had now fully\ncome. He was in the eighth year of his viceroyalty, when\nthe Imperial Government reluctantly agreed to his retirement. During this time, he had passed through a time of\nstorm and a time of peace and general contentment. He\nliad encountered popular rage in the assertion of popular\nrights, and had conquered by calm persistence and unobtrusive strength of will. Of all our Canadian Governors, he\nbest deserves to be remembered as the ruler who, setting before himself the noblest ideal of free colonial government,\nrealized it in practice without wavering or doubt. When he\nleft our shores there was no more popular man within its\nlimits. The old passions had lost their fire, and from their dying embers a more genial flame had sprung forth. Lord Elgin\n-was a singular instance of what firm devotion to principle\nmay accomplish against all odds. Gifted with a comprehensive and well-cultured intellect, he was born to rule, and\nto rule equitably, discerningly, and with inimitable sagacity 628\nTEE SCOT IN BRITISE NORTE AMERICA.\nand forethought. There was in him, not only the intuitive power of genius, but the plodding spirit of routine. He\ncould formulate as well as suggest, devise and fashion as well\ndivine. No statesman was ever less of a dreamer; and yet\nfew have surpassed Lord' Elgin in the mysterious power of\ninsight. As a speaker, he had few equals among his contemporaries. The eloquence which impressed Mr. Gladstone\nat the Union Club was mellowed with the progress of the\nyears. Whether his more elevated utterances were studied\nor not, there was always, when he spoke, a refreshing feeling that what was said came from the heart as well as the\nhead. The true touch-stone of all rare eloquence is its apparent freedom from restraint, its facility, its copiousness, its\nspontaneity. When, in the autumn of 1851, his Lordship\nattended the Boston Railway Jubilee, he was brought into\ncompetition with one of the most finished of American orators, Edward Everett. Yet, in the judgment of New Engenders, the Scottish nobleman triumphed. There was no\nflavour of the lamp in his easy and graceful eloquence. The\ncontrast was so marked between the two eminent speakers-\nas to force itself upon general notice at the moment.\nIn all that Lord Elgin did there was the same fresh naturalness and Scottish straightforwardness, and he showed\nclearly by his public course that there is no necessary divorce between these natural endowments and the frankest\ntoleration or the most comprehensive breadth of liberality.\nWhether in Jamaica, Canada, China or India, his Lordship\nwas always the conscientious servant of the Crown and the\npeople. To learn his duty, wherever he might be placed\\\nwas the first aspiration with him ; to do it, his firm resolu-\nHS-\" TEE SCOT IN BRITISE NORTE AMERICA. 629\ntion. Canada, at all events, has reason to remember his\nresidence here with affectionate gratitude. He suffered\namongst us, and was strong; rather, perhaps, he suffered because he was at once strong and gentle, firm yet facile\nand placable. Of all the Scots whose names figure in these\nvolumes, the highest place must, in our humble judgment, be\nconceded to the Bruce, both for what he did in settling\nI \u00a9\nour constitutional system, and for what he abstained from\ndoing when weaker heads and less tender hearts would have\nbeen betrayed into violent measures. On the 31st of January, 1847, his Excellency had assumed the reins of government, and he surrendered them into the hands of his\nsuccessor on the 19th of December, 1854. During this\nprolonged term, Lord Elgin had effectually won not only\nthe respect but the sincere regard of all classes, and in\nthe last month of his Canadian residence, the retiring\nGovernor-General was entertained at two banquets\u2014one\nat Quebec, the other at Montreal. At the latter place it\nwas impossible not to recall, or be reminded of other\ndays. Yet the distinguished guest in addressing the Mon-\ntrealers, chose to dwell rather upon his hospitable reception\nin 1847, and the glow of pleasure which he felt when first\nthe great commercial metropolis, with the noble scenery in\nwhich it is set, burst upon his view. It was impossible to\nignore a nearer past, not so redolent of fragrant memories,\nyet he touched upon it with the light and skilful hand of\na master : 1 And I shall forget,\" he said, \" but no, \u2014what I\nmight have had to forget, is forgotten already; and, therefore, I cannot tell what I shall forget.\" After the tempest,\nT 630\nTHE SCOT IN BRITISH NORTH AMERICA.\nhad come a long season of grateful calm; the bitterness was\npast, and temporary reverses had been swallowed up in\nvictory. When Lord Elgin left our shores, there was no\nmore popular, or deeply-beloved public man to be found from\nGaspe\" to Sandwich.\nWhen he arrived in England, his Lordship was offered\nthe Chancellorship of the duchy of Lancaster\u2014a cabinet\noffice\u2014but declined it, on the ground that he had onlyrecently\ntaken his seat in the Lords. He addressed the House once\nor twice in defence of the Lord Palmerston Ministry, but for\nnearly two years lived quietly at Broomhall, attending to his\nestates, which were in his eyes not so much a property as a\ntrust. In 1856, the affair of the lorcha Arrow occurred.\nThe vessel sailed under the British flag; but it was after-\nO 7\nwards contended that it was really a pirate committing depredations under false colours. At all events the period of\nregistry at the consulate had expired, and the Chinese authorities thought themselves justified in boarding the vessel,\nhauling down the flag, and seizing the Chinese crew. The\nconsequence was not only a quarrel with the Celestial empire,\nbut a Ministerial defeat in England. During the Session of\n1857, Mr. Cobden introduced a resolution censuring Lord Pal-\nmerston's Government for \" the violent measures resorted\nto at Canton.\" The great free-trader was supported by what\nthe jaunty Premier called \" a fortuitous concourse of atoms.\"\nConservatives, Peelites and Radicals united in favour of the\nmotion, with some recalcitrant Whigs. Mr. Disraeli, Lord\nJohn RusselLMr. Gladstone and Sir James Graham, went into\nthe lobby with Messrs Cobden and Bright, and the motion ^^\u25a0^^HM^W^W^ttiiil\nTHE SCOT IN BRITISH NORTH AMERICA.\n631\nwas carried by a majority of sixteen.* Lord Palmerston\nappealed to the country, and was sustained. Meanwhile\nLord Elgin was selected as High Commissioner to Pekin,\nand left England in the early summer of 1857, to be backed\nby a naval and military force on the spot. He had no sooner\nreached there than tidings of the Sepoy rebellion arrived\nfrom India. His first step was to send every available soldier to the rescue. The narrative^of this mission is of\ngreat interest. Lord Elgin penetrated to Pekin, and in\nJune, 1858, concluded the treaty of Tientsin. Having\nthus settled a perplexing matter in dispute, and enlarged\nBritish liberty of .trade with China, his Lordship proceeded to\nJapan, boldly entered the harbour of Yeddo, which was at\nthat time closed against Europeans, and negotiated a treaty\nthere of I peace, friendship, and commerce \" with the Tycoon,\non the 26th of August, 1858.*f* In July of the following year,\nhis Lordship was once more in England, and when, in May of\nthe following year, Lord Palmerston formed a new Ministry, was appointed Postmaster-General. Next year, however, he once more embarked for China, in company with\nthe French ambassador, Baron Gros. They narrowly escaped\u2014the vessel being a total wreck\u2014and all their luggage,\npapers, &c, were lost. On this occasion Lord Elgin fully\naccomplished his work in China, and placed the commercial\nrelations with that Empire upon a permanently satisfactory\nfooting.\n* Molesworth : History of England, vol. iii., p. 84.\nt A most interesting account of this mission will be found in the Narrative, &c, by\nLaurence Oliphant, 2 vols: Edinburgh: 1859. 632\nTHE SCOT IN BRITISE NORTE AMERICA.\nHe had only been a month in England when the Premier\noffered him the viceroyalty of India, in place of Lord Canning. The position was one which naturally attracted a\nstatesman not so much ambitious as eager to do his country\nand the world all the service in his power. He bade adieu\n\u2014for, alas ! he never returned\u2014to the shores of Britain on\nthe 28th of January, 1862, and arrived at Calcutta on the\n12th of March. With an absorbing desire to fulfil his onerous\nduties concientiously and with intelligence, he set out upon\nan extended tour as soon as the autumn advanced. His constitution was not acclimatized, and he soon felt the effects of\nhis journeyings. In the following year his friends noticed\nthat he had aged much within a few months. Yet on the\n12th of October he again was en route. Having surmounted\n\u00a9 \u00a9\na difficult pass and crossed the famous Twig Bridge on the\nChandra, he was suddenly prostrated from exposure and exhaustion, and never altogether rallied. Nevertheless, he\ncontinued in the saddle until the 22nd, when another attack\novertook him, and he was carried by stages to Dhurmsala.\nA physician was brought from Calcutta, but his efforts were\nin vain. Lord Elgin died, after lingering, without pain, as.\na devout Christian and supremely conscientious man would\ndesire to die, at the post of duty, on the 20th of November,,\n1863, at the early age of fifty-three years. There, under\nEastern skies, rests as noble a heart as ever beat within a\nScotsman's breast. And Scotland has never failed to show\nher pride in him. As an intimate friend has said, I Where-\never else he was honoured, and however few were his visits\nto his native land, yet Scotland, at,least, always delighted to TEE SCOT IN BRITISH NORTH AMERICA.\n633\nclaim him as her own. Always his countrymen were proud\nto feel that he worthily bore the name most dear to Scottish\nhearts. Always his unvarying integrity shone to them with\nthe steady light of an unchanging beacon above the stormy\ndiscords of the Scottish Church and nation. Whenever he\nreturned to his home in Fifeshire, he was welcomed by all,\nhigh and low, as their friend and chief. ... By that\nancestral home, in the vaults of the abbey church of Dunfermline, would have been his natural resting-place . . .\nHe sleeps far away from his native land, on the heights of\nDhurmsala, a fitting grave, let us rejoice to think, for the\nviceroy of India\u2014overlooking from its lofty eminence, the\nvast expanse of hill and plain of these mighty provinces\u2014a\nfitting burial beneath the snow-clad Himalayan range, for\none who dwelt, with such serene satisfaction, on all that was\ngrand and beautiful in man and nature\u2014\n\" Pondering God's mysteries untold,\nAnd, tranquil as the glacier snows,\nHe, by these Indian mountains old,\nMight well repose.\"*\nLord Elgin stands out of Canadian history since the conquest, as by far the greatest and most conspicuous figure. In\ncomprehensive intellect, and political capacity, no public\nman can be named, who would not suffer by comparison with\nnim. It is not alone that he divined at once the true policy\n.a wise constitutional ruler should espouse, but that he came\nto Canada exactly, when his abilities were most needed, and\n.adhered to the maxims he had adopted, with unfaltering\nWalrond, pp. 465-7. 634\nTHE SCOT IN BRITISE NORTE AMERICA.\ncourage and tenacity. To talents of the highest order, he\nadded the purest disinterestedness in the service of his\ncountry, a genial manner, an eloquent utterance, and the\nwarmest affections. That he should have met with rebuffs,\nwhere he might have hoped for cordial support and encouragement, was perhaps to be expected at a time when our\npolity was unsettled, and all things were in a state of transition. He suffered keenly, no doubt, as sensitive and\nsingle-hearted natures always do; but he was also bold,,\nand the suffering was swallowed up in victory. Whatever\ncredit may be due to the Colonial Office of the day, it is.\nquite certain that, neither Lord Grey nor Lord John Russell\nfully realized the meaning of responsible government, or\nwas prepared to accept it to its amplest extent. With a\npublic servant, less clear-headed and peremptory than Lord\nElgin, the old programme of Lord Metcalfe might have once\nmore been rehearsed, and the Province brought to the verge\nI o ...... o\nof insurrection. The Governor-General, however, was cast\nin a different mould. Whatever his party predilections may\nhave been, his neutrality, as the representative of the Crown,,\nremains unimpeachable. To act with either party, so long\nas it could secure the confidence of Parliament and the people, was to him as sacred a principle as any of those which,,\nin a higher sphere, ruled his life and brought him consolation\nand hope on the verge of the grave.\nThe change in colonial policy, really wrought by the pupil\nand kinsman of Lord Durham, may be best illustrated by a\nreference to two works, the one by a Whig, the other by a TEE SCOT IN BRITISH NORTH AMERICA. 635\nConservative, statesman of England.* Earl Grey was Colonial Secretary during almost the whole of Lord Elgin's term; \u2022\nLord Norton served as Under Secretary of the department,\nfor about two years-and-a-half in Lord Derby's second administration (1866-1868). It will be seen at once, by a comparison of the books, that, whilst there is a difference of\nopinion as to the merit of introducing the constitutional\nsystem, both authors are agreed upon its wisdom and necessity. The Conservative points with satisfaction to the\ntardiness with which the Whigs acknowledged responsible\ngovernment. Lord Grey had failed to observe that 1 the\nnormal current of colonial history is perpetual assertion of\nthe right to self-government.\"*f- So slow were the Whigs\nin accepting the new theory, that Sir G. Cornewall Lewis, in\nhis \" Government of Dependencies \" (1841, p. 160), wrote :\n\" Since the close of the American war it has not been the\npolicy of England to vest any portion of the legislative\npower of the subordinate government of a dependency in a\nbody elected by the inhabitants. The only partial exception\nis in the Canadian Provinces.\" And yet, in 1841, Lord\nSydenham was promising to Canada the full measure of\nconstitutional government, just as General Simcoe, nearly\n* The Colonial Policy of Lord John Russell's Administration. By Earl Grey. 2 vols.\nLondon: RichardBentley, 1853; and A Review of \"The Colonial Policy,\" &C-, and of\nsubsequent Colonial History. By Sir Charles B. Adderley, K.C.M.G., M.P., &c. London:\nEdward Stanford, 1869. In 1878, Sir Charles was raised to the peerage as Baron Norton.\nt \" The fundamental error in his theory of colonial government, and it was the prevalent\ntheory of the time, seems to me to be the supposition that, in English settlements (I am not\nspeaking of Crown governments, or stations for peace or war), the supreme executive has\nthe task of exercising apolitical control over the people, which must reverse, in their case,\nthe Constitution which we enjoy at home\u2014a control which distance must make all thfe more\ngalling, and of which the more benevolent and conscientious its exercise, the more fatal\nmust be\" the effects upon the vigour and prosperity of its subjects.\"\u2014Adderley, p. 2. 636\nTEE SCOT IN BRITISE NORTH AMERICA.\nfifty years before, had guaranteed a system which should be\n\"the exact image and transcript\" of the British constitution.\nLord Norton throughout accepts the doctrine of responsible government, and seems to reproach Earl Grey with having conceded it so tardily and grudgingly. The latter admits that Lord Metcalfe's course was perilous, but hardly\nreprobates it with any warmth of expression. His opponent,\nhowever, with the new light which had streamed in upon\nhim, denounces the Governor without stint.* Indeed, going\nfarther back than that, Lord Norton contends that responsible government should have been conceded before or imme-\n\u00a9\ndiately after the rebellion, not by any act of Imperial\nlegislation, but by distinct and peremptory instructions from\nthe Colonial Office. It was not the constitution that was at\nfault at all, but the imperfect, not to say faithless, working\nof it. There would have been no opening for Lord Metcalfe's coup\"'d'Hat of 1843-4, had this been done once for all.\nI Lord Metcalfe,\" he says, in his address \"to his accommodating parliament, stated that j whilst he recognised the\ngreat power and privilege of the people to influence their\nrulers, he reserved to himself the selecting of the executive\u2014\nthe exact reverse of the maxims of the constitution\u2014the\n* After stating the difficulty between Lord Metcalfe and his Ministers, and his triumph\nat the polls in 1844, Lord Grey remarks that this success was \" dearly purchased by the circumstance'that the parliamentary opposition was no longer directed against the advisers of\nthe Governor, but against the Governor himself, and the British government of which he was\nthe organ.\" Vol. i., p. 205. Compare Adderley, p. 28: \" Lord Metcalfe became involved in\ndifficulties with his Council, on a question relating to the distribution of patronage.\" * His\nministers,' says Lord Grey, ' retired, supported by a majority of the Assembly.' Could\nthe continued absence of constitutional principles from Canadian government be more\nstrikingly described ? Lord Metcalfe set up another Ministry, with which, by means of a\ndissolution in 1844, he brought the legislature into harmony, trampling over {he principle of responsibility through the use of its own forms.\" THE SCOT IN BRITISH NORTH AMERICA.\n637\nCrown exercises its influence aside, while the legislature\ncontrols directly the choice of the executive.\" Lord Norton\ndemonstrates clearly that a constitutional government could\nbe reduced to a mockery, under Lord Metcalfe's system;\nand quotes Lord Stafford's letter to Charles I.: \" By no means\nabolish parliaments, as a well-governed Parliament is the best\ninstrument for managing a people.\"\nWhat strikes one as so remarkable in the conduct of the\nImperial authorities at the time is, that neither one party nor\nthe other was prepared to concede responsible government\nwithout hampering it with conditions fatal to its success.\nIn 1839, Lord John Russell, in a dispatch to Lord Sydenham, professed to see the only way out of the difficulty in\nan exercise of the Governor's discretion, \" only ignoring the\nresponsibility of his Council when the honour of the Crown\nabsolutely requires it \"\u2014that is, adds Lord Norton, 1 whenever he thinks fit.\" Thus whilst the English Whigs were will-\ning to concede the shadow, they strove to keep a firm grip\nupon the substance, of power. Even so late as 1847, in his\ninstructions to Sir John Harvey, Lieutenant-Governor of\nNova Scotia, to be referred to hereafter, the same halting\npolicy was adopted. The Crown representative was told\nnot to change his Council, \" until it became perfectly clear\nthat they are unable, with such fair support from yourself\nas they have a right to expect, to carry on the government of\nthe Province satisfactorily.\" At the same time he was not to\nbe a party man, but a mediator, and yet not to yield \"a blind\nobedience\" to his Council. In short, he was to be an active\npower in the state, without being conspicuously partizan.\nOf course it is easy to see that Lord Grey intended to estab- 638 THE SCOT IN BRITISH NORTE AMERICA.\nlish responsible government fairly and fully; but he could\nnot free his mind of the notion that the Colonial Governor,\nas agent of the Colonial office, must occupy a higher position\nthan the monarch whose representative he happens to be.\nThere can be no doubt that Lord Elgin set out upon his\nmission as Governor-General impressed with a similar idea. It\nhad been constantly represented to him that he must do some\nthing, not merely superintend the working of the governmental machine. But, to his infinite credit, he discovered, almost\nas soon as he was on our shores, that every vestige of the\npaternal theory of government must be flung to the winds.\nHe found Lord Metcalfe's advisers still in power; and, although it must have been clear that a dissolution would\nhurl them from office, he extended to them a full measure\nof confidence. With the general election, the position of\nparties underwent a complete change. The work of the\nelectioneering Governor-General was utterly destroyed; and,\nin a free Parliament, the Reform part}* could boast of a\nmajority from both sections of the Province. In the orderly\ncourse which distinguishes constitutional, from personal and\narbitrary rule, without disturbance and without demur, the\nvictors crossed the floor, and took possession of the government. A peaceful revolution followed in the wake of a lawless\nand turbulent one ; so at last and for all time to come, the\nwill of the people became the supreme law. The retiring\nMinisters had no fault to find with Lord Elgin. Unlike the\nviceroy who forced them into power by the sinister use of\nthe means at his disposal to establish a party and pack a\nHouse, the new Governor-General kept aloof during the TEE SCOT IN BRITISH NORTH AMERICA.\n639-\nstruggle, and was concerned only with its results. Up to-\nthe moment when the Ministry expired\u2014and it died hard\u2014\nLord Elgin accepted it loyally, and supported it with counsel\nand encouragement.\n\u00a9\nTo the new. one he at once transferred his confidence, and\nsupported it with unflinching loyalty from first to last.\nWhen the troublous crisis came upon them, no shadow of\ndoubt crossed his mind. The Rebellion Losses Bill was a\nlegacy left to his advisers by those who had recently retired I\nand, even had it been otherwise, his present Council had just-\nachieved an overwhelming triumph at the polls, and been*\nplaced in power by an imperative mandate from the people..\nThe minority, chafing under defeat, used strong and bitter\nlanguage, and, without designing it, provoked their unthinking supporters to acts of violence. That the leaders should, for\na moment have supposed that Lord Elgin would yield to their-\nclamour, or that the Home Government would mar-the work\njust commenced by the master-hand, proves how vicious and\nirrational had been the old system, which, even in its death-\nthroes, was yet vigorous enough to threaten rebellion in the\nname of loyalty. What, in plain language, was their demand I\nSimply that the Queen's representative or the Imperial Government .should rule Canada, according to the wishes of a.\nportion of its people, represented by only twenty in the House\nof Assembly. Lord. Metcalfe would, no doubt, have met them\nmore than half way; I stumped\" the country on their behalf, and employed preroragative to sully the majesty of the\nCrown, to sacrifice the dignity of his office, and trample upon\nthe liberties of the people. Happily a pilot of another stamp. <640\nTHE SCOT IN BRITISH NORTH AMERICA.\nwas at the helm of state\u2014one who, while he did not prate\nof loyalty, when he meant partisanship, was not less faithful to his sovereign and the empire, than he was unswervingly faithful to the mest cherished maxims of the constitution.\nThose who were witnesses of the struggles of 1844 and of\n1847-8, occurring as they did within a brief period of time,-\nmust have felt impressively the notable change which had\nbeen so wonderfully and felicitously wrought. The constitution was unchanged; but the practical working of it had\np>assed, as if by magic, through a silent, yet complete and\nradical revolution. The difference lay in the men who represented the Crown. Lord Metcalfe, trained in India,\nand inflated by extravagant notions both of prerogative\n\u2022and personal importance, had gone far to produce a state of\nfeeling not unlike that which had brought about the events\nof 1837-8. Lord Elgin might have laid the coping-stone\nupon the temple of chaos; but his shrewd Scottish intellect\nAnd sensitive conscience had marked out for him the plain\npath of duty, and he resolved to tread it alone, even though\nit were strewn with thorns. It was his peculiar merit that\nhe possessed a sure and steady grasp of constitutional principle, and that he fixed his vision upon it and shaped his\ncourse by it without deflection to one side or the other, from\nfear, favour or affection. Unlike others on whom has been\nthrown the burden of a similar crisis, he lived to see the triumphant vindication of his cause, both in what he stoutly\ndared, and what he humanely forbore to do. Our gallery of\nScotsmen in Canada is a brilliant one ; but amongst them THE SCOT IN BRITISH NORTH AMERICA. Q4\u00a3\nall, to our mind, the most illustrious figure of all covers the-\ncanvas from which beam forth, with perennial attractiveness, the intellectual and nobly sympathetic features of James-\nBruce, Earl of Elgin.\nThe late Mr. Ellice, well known as the parliamentary\nspokesman in England of the Hudson's Bay Company, is\nsaid to have remarked \" that there were three periods in the-\nhistory of our colonial policy. In the first, we left the\ncolonies to govern themselves ; but attempted to make them,,\nby commercial regulations, subservient to our interests at-\nhome. In the second, tampering with self-government, colonies were lost, and it was sought to bind the rest more\nfirmly by governing them from home. In the third, the;\nprinciple of self-government recovered itself, leaving, however, the expenses on our hands, which we are only beginning to throw off.\" Now, so far as Canada is concerned, we\nbegin with the second stage. At the same time, the description requires some modification. In Lower Canada, at the\nconquest, even the first colonial system was in vogue, and\nthe peculiar circumstances of the case added complexity to\nthe problem. The conquered race were a high spirited and.\nstrongly patriotic people, generous and docile. But they had.\nbeen reared under the patriarchal system of the Bourbons,\nand had only the' vaguest conception of free government..\nThe military government of General Murray, and the\npaternal despotism of Sir James Craig were necessary preliminary steps on the way to constitutional rule. The French\npopulation had been in leading-strings so long that much\ncare was necessary before the experiment of untrammelled \u00ab42\nTHE SCOT IN BRITISH NORTH AMERICA.\n'action could be safely tried. Sir Guy Carleton, with a\nlaudable desire to elevate the Lower Canadian people, and\nto train them for the judicious exercise of political rights,\nappears to have acted with a generous but somewhat perilous' precipitancy. To him belongs the credit of having\npressed through the Quebec Act of 1774 ; but he does not\nseem to have recognised the difficulties which beset any complete measure of enfranchisement. Adam Lymburner who,\nno doubt, was to some extent the victim of national prejudices, with a clearer insight, predicted in 1791- the troubles\nwhich would flow from conceding plenary authority to the\n-subject race too soon in a Province where they were overwhelmingly in the majority.\nIt is a common fault with theoretical, let us say philosophical, reformers, that they insist upon applying the same\n^system under all circumstances, irrespective of its suitableness or adaptability. At this moment, men are engaged in\nreproaching Alexander III. with the atrocious crime of not\nestablishing constitutional government amongst the eighty-\nfive millions of Russians, who, if not as Carlyle called Englishmen, I mostly fools,\" are, at all events, semi-barbarous,\nand hardly more qualified for the franchise than the savages\nof Fiji or Timbuctoo. At the same time, in order to edur\ncate a people, as well as a party, some beginning must be\nmade, and, under the circumstances, the Act of 1791 was as*\npromising an effort in that direction as could have been put\nforth. That the French majority could be kept in a state\nof political inferiority much longer, was out of the question.\nThat they were not fit, at that time, to exercise, to their THE SCOT IN BRITISH NORTH AMERICA.\n643\nfullest extent, the privileges of free citizens, is certain, because after events proved it to demonstration. It is quite possible that some transitional polity might have been adopted\nto pave the way to a complete enfranchisement. But the\nstatesmen of England, Pitt and Burke especially, were face\nto face with the French ogre nearer home, and only thought\ncf the French across the ocean as possible enemies, to whom\nit seemed advisable to throw a sop. Mr. Ellice's second\nstage then supervened, and the forms of self-government\nwere conceded, without its essence. The revenues were in\nthe hands of the Crown, and although passionate harangues\nmight be delivered, and violent motions passed, both were\nabsolutely futile. The French people soon discovered that\nthe promised blessings to be reaped from the British constitution but lately conceded to them, were a sham. They had\ncraved for the bread of unshackled liberty and been rewarded with the indigestible stone of prerogative. That the\nmajority entertained the most extravagant conceptions of\nthe sphere of legislation, and the rights of an Assembly, is\ndear from the pages of Garneau, who can find sympathy with\nall their bizarrerie, and nothing but reprobation for any expression from the Governor, which tended to assert for the\nOrown of England any concern in the matter. Monarch\nand subject had, in the popular view, changed places; the\nprerogative was to be transferred to a noisy and hot-headed\nbody, in many respects like a Paris Convention during the\nTerror, and the Crown was its servant. In short, constitutional views were quite as difficult to master amongst the\nFrench democrats, as amongst the Stives of an entirely differ- 644\nTEE SCOT IN BRITISH NORTE AMERICA.\nent school, the family compact of Upper Canada. The rebellion in the Lower Province was far less justifiable than the\noutbreak on the lakes.\nThe history of Upper Canada begins with the administration of Governor Simcoe. It was the first Governor's ambition to found a purely British colony, conducted on English\nprinciples, and equipped with all the free agencies of constitutional government. Upper Canada was but sparsely\nsettled at that time. A narrow fringe along its magnificent\nwater-front was fairly settled ; and, by degrees, the population began to creep along the military highways\u2014called\nstreets, after the Roman fashion\u2014which stretched from York\nto the east, west, and north. As might have been expected,,\nthe colonists were chiefly old U. E. Loyalists, retired soldiers,\nand trusty civil servants who possessed the General's confidence. The system of government was simple enough, the chief\nbusiness of rulers being to distribute the magnificent terri-\no o\ntory of Ontario among the faithful dependents of the\nCrown. There were no political crises in those days, because\nthere was no public spirit, and no material for party diver\ngencies.\nWith the war of 1812, however, the whole aspect of\naffairs in Upper Canada underwent a radical change. The\nloyal men who had successfully repelled the invader, had\nscarcely reverted to the arts of peace, when they found their\nsupremacy challenged by immigrants from Europe and the\nUnited States. It was natural that they should feel alarmed\nat the outlook, and strive with vehemence, and sometimes with\ngross injustice,to retain a cherished monopoly in possession of TEE SCOT IN BRITISH NORTE AMERICA.\nland, and in the functions of government. When Gourlay\nappeared upon the scene, avowedly to promote immigration,\nand break up the close preserve hedged in with so much\ncare and solicitude, the party, or rather coterie, in power,\ntook the alarm. The enterprising Scot was made a victim\nto its fears; yet he succeeded in leaving behind him the seeds\nof political intelligence destined to bear fruit in time to\ncome. The Alien Act was tried in vain, and the urgent remonstrances against emigration from Britain proved to be\naltogether without effect. New comers continued to flock\nin, among them republican Americans, who had spied out\nthe latent riches of the young colony, and were eager to take\nadvantage of its nascent development.\nIt was during this time that Dr. Strachan appeared as the\nchampion of the status quo in church and state. That he\nand the family compact were partly in the right may be\nfrankly admitted. Between the moment when popular\nmovements are first begun, and that at which their triumph\nis, in any sense, desirable, there is a long interval. The\nfriends of conservatism are always right in the early portion of a transitional period; but they grow less and less\nso, as time passes by, and the body politic emerges through\nadolescence into manhood. The innovators, on the other\nhand, are invariably premature, impatient, querulous, and\nunreasonable at the outset; but their course gathers strength\nwith the popular growth. We must not, therefore, judge those\nwho put down the brakes, in the light of recent years.\nThey had a duty to perform, of inestimable importance to\nthe colony, and they performed it conscientiously according\nV 646\nTEE SCOT IN BRITISH NORTE AMERICA.\nto the knowledge they had. If they resisted the needed reforms too long, their fault may be balanced against that of\nthe reckless spirits who began too early.\nWith the appearance of a* third Scot\u2014William Lyon Mackenzie\u2014opened a new era. The Upper Province started\ninto life. Constitutional rights began to take the foremost\nplace, and although the leader rashly committed himself to\nviolent remedies, he effectually accomplished his work.\nBut for the rebellion, Canada would not so soon have been\nblessed with responsible government. The remedy was drastic enough; yet, as the event proved, it was an effectual one.\nThe people of England were, at last, aroused to the fact\nthat there was a young nation born to her in Canada, high-\nspirited and independent, loyal at bottom, yet determined\nto be free. From the report of Lord Durham, from the debates in parliament, from the addresses and dispatches of\nLords Sydenham and Elgin, we learn how serious and salutary an impression was made upon the British mind by the\napparent fiasco of 1837-8.\nIt is not going too far to assert that, but for it, the disastrous reaction under Lord Metcalfe would have finally destroyed the growing germs of self-government, and autonomy\ncould only have been secured by a bloodier insurrection,\nwhich might have cost the Crown its noblest colonies. The\nminority from 1841 to 1849 possessed all the advantages of\nprestige in their favour. At any moment, as the country\nsaw in 1844, it was open to an arbitrary ruler to challenge,\nand secure, popular support by raising the facile cry of\nloyalty, and flinging himself, honour, dignity and all, into the TEE SCOT IN BRITISH NORTH AMERICA.\n647\nbreach. With the arrival of Lord Elgin things were changed ;\nand to him was due the definitive establishment for the\nfirst time, of the substance, as well as the forms, of the\nBritish constitution. How persistent the men were who saw\npower slipping, beyond hope of recovery, from their hands,\nmay be seen in the events of 1849. In a legislature, fresh\nfrom the people, their representatives numbered less than\na third of the House; and yet they were determined to resist\nthe majority, to insult the representative of the Queen, and\nload him with personal insult and obloquy. How they\nproposed to carry on the government, in defiance of the popular will, hastnever been made clear to this day. It is only\nevident that, even at the cost of violence, they were quite\nwilling to overturn the constitution of the country, and revive the personal and oligarchical system which had perished with Lord Metcalfe.\nDuring the seventeen years that followed, the united\nProvince was often torn with political dissensions; but the\ncardinal principle, which secured to it peace and contentment, was a key to the solution of every problem. Those\nwho have followed these pages thus far, need not be reminded\nof the conspicuous part Scotsmen have played in public\naffairs. From 1856 until 1880, Scots have almost always\nfilled the leading posts, so far as the Upper Province is concerned, both in the Government and the Opposition. Of the\ntwelve Ministers who fashioned the Dominion of Canada,\nseven (including Sir Alexander Campbell and the Hon. James\nCockburn, who are of North British blood) were Scottish\nby birth or origin. When it is considered that Scotsmen 648\nTEE SCOT IN BRITISE NORTE AMERICA.\nform but a\" small proportion of our Canadian population,\nhave they not contributed more than their share to the public life of the country ? And can any one refuse them the\ntribute for intelligence, vigour and earnestness which, under\nthese circumstances, is their due ?'\nr- ","@language":"en"}],"Genre":[{"@value":"Biographies","@language":"en"}],"Identifier":[{"@value":"FC106.S3 R38 1880","@language":"en"},{"@value":"I-0584-V02-II-0457-V02","@language":"en"}],"IsShownAt":[{"@value":"10.14288\/1.0221813","@language":"en"}],"Language":[{"@value":"English","@language":"en"}],"Notes":[{"@value":"Other Copies: http:\/\/www.worldcat.org\/oclc\/9362672","@language":"en"}],"Provider":[{"@value":"Vancouver : University of British Columbia Library","@language":"en"}],"Publisher":[{"@value":"Toronto : Maclear and Co.","@language":"en"}],"Rights":[{"@value":"Images provided for research and reference use only. For permission to publish, copy, or otherwise distribute these images please contact digital.initiatives@ubc.ca.","@language":"en"}],"Series":[{"@value":"The Scot in British North America","@language":"en"}],"SortDate":[{"@value":"1881-12-31 AD","@language":"en"},{"@value":"1881-12-31 AD","@language":"en"}],"Source":[{"@value":"Original Format: University of British Columbia. Library. Rare Books and Special Collections. FC106.S3 R38 1880","@language":"en"}],"Subject":[{"@value":"Scots--Canada","@language":"en"},{"@value":"Canada--Politics and government","@language":"en"},{"@value":"Canada--Biography","@language":"en"}],"Title":[{"@value":"The Scot in British North America. Vol. II","@language":"en"}],"Type":[{"@value":"Text","@language":"en"}],"Translation":[{"@value":"","@language":"en"}],"@id":"doi:10.14288\/1.0221813"}