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years later Francis Collins, editor of _The Canadian Freeman_, lay in York jail for having charged Attorney-General Robinson with "native malignancy." During his incarceration he addressed several open letters to his prosecutor, in one of which may be found the following comments upon the episode referred to in the text:--
"In the next place, a most respectable portion of the colony returned the venerable Mr. Bidwell, Sen., to Parliament, and upon this occasion I think you displayed more 'native malignancy' than I ever witnessed, in a political way, in the colony. A hired pimp was despatched to Boston to hunt up slanders, originating in political feuds there. Mr. Bidwell was put on his trial before a corrupt House, and when thus you saw your innocent victim within your reach, then it was you lifted up the flood-gates of your loyal wrath, and let your vengeance fall upon his devoted head. Then it was that the overflowings of your 'native malignancy' hurled the tears of loyalty down your pallid cheeks. Then it was that your natural flippancy gave rapid birth to the most gross, unqualified and unjustifiable abuse I ever heard heaped, not only upon a member of Parliament, but even upon the commonest member of society. 'Am I,' said you, 'the son of a U. E. Loyalist, who fought and bled for his country, to sit within these walls with disloyal runaway felons, pickpockets and murderers from the United States?'--(the loyal tears flowing.) Yes, Sir, you coaxed, you threatened, you argued, you wept, until you prevailed upon a corrupt and cringing House, as I have before remarked, to turn Mr. Bidwell out of his seat, unconstitutionally, illegally and unjustly; and the next day you were obliged to get one of your tools to bring in a Bill to cover this illegal proceeding, and prevent his re-election, thus forever depriving the country of the valuable services of a man better qualified for a legislator, in point of learning, talent and experience than yourself, or any other man, perhaps, in Upper Canada. Now, Sir, if you viewed it as a disgrace to sit in the same House with the father, although in every respect your superior, how will it suit you to bend your outrageously loyal neck to his son in the Speaker's chair, who, it is my opinion, is the most fit person in the new House to fill it, and who, I doubt not, will be elected?"
The letter from which the foregoing extract is taken bears date December 25th, and appears in the _Freeman_ of that date. The prediction in the concluding sentence was verified. Mr. M. S. Bidwell was elected Speaker at the opening of the session in January, 1829.
[62] See 4 Geo. IV., sess. 2, chapter 3, passed 19th January, 1824.
[63] _Canadian Portrait Gallery_, Vol. I., pp. 17, 46.
[64] It is to the exertions of Robert Baldwin himself that we owe the abolition of the doctrine of primogeniture as applied to real estate in Upper Canada. He it was who, while Attorney-General for the Western Province, introduced and carried through the measure of 1851.
[65] Quoted by Mr. Lindsey, in his _Life and Times of William Lyon Mackenzie_, Vol. I., pp. 40, 41.
[66] Among those who approved of such a provision no one was more outspoken than was Mr. Mackenzie himself. In the very first number of the _Advocate_ he clearly laid down his platform on this question. "In no part of the constitution of the Canadas," he writes, "is the wisdom of the British Legislature more apparent than in its setting apart a portion of the country, while yet it remained it wilderness, for the support of religion." He expressed himself in favour of a law whereby the ministers of every body of professing Christians, being British subjects, should receive equal benefits from the Reserves. On this, as on many other subjects, however, the editor of the _Advocate_ subsequently saw fit to alter his opinions. The instability of his opinions, indeed, was one of his most dangerous characteristics, and this alone marked him out as unfit to be trusted with the guidance of others.
[67] _Ante_, p. 110.


CHAPTER V.
A "FREE AND UNFETTERED" PRESS.
Mr. Mackenzie's newspaper devoted much space to the advocacy of Responsible Government, which for many years constituted the main plank in the Liberal platform. He pointed out the injustice and absurdity of the existing state of things, where the people were beguiled with a mockery of representation in Parliament without having any voice in the nomination of the persons composing the Government of the day. There was no attempt on the part of the official body to distort the real facts of the case. They straightforwardly avowed their independence of public opinion, and sneered at arguments founded on the doctrine of ministerial responsibility. They proclaimed their immunity from all outdoor influence whatever, and smiled pleasantly when taunted across the floor of the Assembly with repeated violations of the constitution. Rolph, Bidwell, and other Reform members in the House were sufficiently masters of themselves to argue this and other questions on purely public grounds, and without gross violations of the laws of Parliamentary discipline. This, however, Mr. Mackenzie's impetuous temperament prevented him from doing, and as he was not in the House he felt at liberty to give full rein to his impetuosity. He made every important question a personal matter between himself and each individual supporter of the Government who contradicted him. Through the columns of his paper he poured out much bitter invective. What he said was for the most part undeniably true, but he had such an offensive way of expressing himself that the amenities of journalism were constantly violated. By this means he brought down upon his head the rancorous hatred of those whom he made the objects of attack.
The feelings entertained towards him by the members of the Government, and by the Tory party generally, were largely personal and independent of politics. The conflict between them may be said to have begun before the removal from Queenston to York, and indeed almost before the ink was dry upon the first number of the _Advocate_. In that number Sir Peregrine Maitland, the Lieutenant-Governor, was accused of indolence, and of being the cause why Upper Canada was less progressive than her enterprising republican neighbour. He was referred to as one who, after spending his earlier days in the din of war and the turmoil of camps, had gained enough renown in Europe to enable him to enjoy himself, like the country he governed, in inactivity; whose migrations were, by water, from York to Queenston and from Queenston to York, like the Vicar of Wakefield, from the brown bed to the blue, and from the blue bed to the brown. Such comparisons as these could not be expected to find much favour with Sir Peregrine, more especially as they notoriously contained more than a _soupcon_ of truth. The faction naturally sympathized with the Lieutenant-Governor, and only waited a suitable opportunity to give adequate expression to their abhorrence of Mackenzie and his doctrines. As for Sir Peregrine, he was ready enough to cooeperate with his supporters in any proceeding for the suppression of this free-spoken and most objectionable little Radical, who dared to wag his plebeian tongue against the son-in-law of a Duke. An occasion for the first overt act of hostility was afforded by certain rites connected with the erection of the monument on Queenston Heights to the memory of Major-General Sir Isaac Brock. The construction of the monument having been determined upon, and considerable sums of money having been granted by Parliament for the purpose, commissioners were appointed to superintend the work, which was duly proceeded with. The second funeral of the dead hero, and the removal of his remains from Fort George, had been fixed for the 18th of October (1824), being the twelfth anniversary of the battle; but in the interim some of the local magnates of the Niagara District resolved that the foundation-stone should be laid with masonic honours. The 1st of June was appointed for this ceremonial, and on that date a considerable number of persons assembled on the Heights to witness it. Mr. Mackenzie, who, it will be remembered, then resided at Queenston, seems to have taken an active part in the proceedings, and this with the full consent and approval of the committee of management. A glass vessel, hermetically sealed, and enclosing a number of coins and a copy of _The Upper Canada Gazette_, together with the recently-issued first number of _The Colonial Advocate_, was produced for the purpose of being placed within the hollow of the foundation-stone. The vessel and its contents, enveloped in an otter's skin, were placed by Mr. Mackenzie in the cavity, the spectators looking on in quiet approval. The stone was then touched with the trowel, the deposit was covered up, and the rite was complete. An account of the proceedings found its way into the newspapers, and Sir Peregrine Maitland learned, to his intense disgust, of the part which Mackenzie had been permitted to take in the ceremony. He sent for Colonel Thomas Clark, one of the commissioners appointed by Parliament to superintend the construction of the column, and, in a voice of undisguised passion, gave orders to that gentleman that the glass vessel should forthwith be disinterred, and the copy of the _Advocate_ removed therefrom. The mandate was of course obeyed. As the column had by this time reached a considerable height, the excavation was no slight task. Mr. Mackenzie himself, who personally attended at what he called the "premature resurrection," claimed and obtained possession of the number of the paper which had caused so much unnecessary labour and ill-temper.
From this time forward there was almost incessant warfare between Mr. Mackenzie and the official party: warfare sometimes suppressed, sometimes altogether concealed for a brief season, but always ready to break out upon the slightest pretext--sometimes, indeed, without any apparent pretext at all.
Soon after the _Advocate's_ removal to York, and not long before the opening of the Legislature, the Honourable D'Arcy Boulton, one of the puisne judges, laid himself open to attack by conduct of the most reprehensible kind. In a case tried before him, in which his son, the Solicitor-General, appeared on behalf of the Crown, the Judge displayed such gross partiality that one cannot read the report of the proceedings, even as chronicled by one of the organs of the Government, without mingled feelings of wonder and disgust. At the present day such conduct on the part of an occupant of the judicial bench would bring down upon his head the animadversions of the press of the whole country. Sixty years ago it passed without editorial remark from any of the journals of the time, with the single exception of the _Advocate_, which certainly used some very plain words in characterizing the Judge's behaviour. It appealed to the Legislature to address the Governor on the subject, with a request to dismiss from office the whole of the Boulton race, root and branch. "If a Government emanating from England," wrote Mr. Mackenzie, "can cherish such a corrupt, such a Star Chamber crew, then the days of the infamous Scroggs and Jeffries are returned upon us; and we may lament for ourselves, for our wives and for our children, that the British Constitution is, in Canada, a phantom to delude to destruction, instead of being the day-star of our dearest liberties."
Such language as this, which was a mild specimen of the writer's trenchant style, was not, upon the whole, too strong for the occasion. In other instances he was roused to greater fury on less provocation, and used phrases unbefitting the columns of any paper which aspires to be a public instructor. But he was not alone in his scurrility. Some of the persons attacked in the _Advocate_ retorted upon the editor through the official press in
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