The Story of the Upper Canada Rebellion - John Charles Dent (best historical biographies .TXT) 📗

accomplishing his destruction.
By a Provincial statute known as the Alien Act, passed in 1804, authority was given to certain officials to issue a warrant for the arrest of any person not having been an inhabitant of the Province for the preceding six months, who had not taken the oath of allegiance, and who had given reason for suspicion that he was "about to endeavour to alienate the minds of His Majesty's subjects of this Province from his person or government, or in anywise with a seditious intent to disturb the tranquillity thereof." In case the person so arrested failed to prove his innocence, he might be notified to depart this Province within a specified time, and if he failed so to depart he was liable to be imprisoned until he could be formally tried at the general jail delivery. If found guilty, upon trial, he was to be adjudged by the court to quit the Province, and if he still proved contumacious he was to be deemed guilty of felony, and to suffer death as a felon, without benefit of clergy. This statute, be it observed, was not passed at Westminster during the supremacy of the Plantagenets or the Tudors, but at York, Upper Canada, during the forty-fourth year of the reign of George the Third. More than one eminent authority has pronounced it an unconstitutional measure. There was, however, some show of justification for it at the time of its enactment, for the Province was then overrun by disloyal immigrants from Ireland and by republican immigrants from across the borders, many of whom tried to stir up discontent among the people, and were notoriously in favour of annexation to the United States.[8] It was against such persons that the Act had been levelled, and there had never been any question of attempting to apply it to anyone else. Now, however, it was pressed into requisition in order to compass the ruin of as loyal a subject as could have been found throughout the wide expanse of the British Empire; who had resided in Upper Canada for a continuous period of nearly eighteen months; who was no more an alien than the King upon the throne; and whose only real offence was that he would not stand calmly by while rapacious and dishonest placemen carried on their nefarious practices without protest.
Among the various dignitaries authorized to put the law in motion, by the issue of a warrant under the Act, were the members of the Legislative and Executive Councils. William Dickson and William Claus, as has been seen, were members of the former body; and as such they had power over the liberty of anyone whose loyalty they thought fit to call in question. Dickson was a connection by marriage of Mr. Gourlay, and for some months after that gentleman's arrival in this Province had gone heart and hand with him in his schemes of reform. For Mr. Dickson then had a grievance of his own, arising out of the partial interdict of immigration from the United States which had been adopted after the War of 1812-15. He was the owner of an immense quantity of uncultivated land in the Province, including the township of Dumfries already mentioned, which he was desirous of selling to incoming settlers. The shutting out of United States immigrants tended to retard the progress of settlement and the sale of his property. His anger against the Administration had been hot and bitter, and he had even gone so far as to state publicly that he would rather live under the American than under the British Government. But he had managed to induce the Assembly to pass certain resolutions, recognizing the right of subjects of the United States to settle in Upper Canada. The restrictions being relaxed, his only cause of hostility to the Administration vanished, and he ceased to clamour against it. His sympathy with Mr. Gourlay's projects vanished into thin air. Those projects contemplated enquiry and reform. Dickson, having accomplished his own ends, desired no further reform; and as for enquiry, he had excellent reasons for burking it, as it would probably lead to the disclosure of certain reprehensible transactions on the part of himself and Claus, the Indian agent. He therefore presented a sudden change of front, and, so far from continuing to act with Mr. Gourlay, he became that unfortunate man's bitterest foe.
How far Dickson's enmity was stimulated by cooeperation with the leaders of the Compact party at York will probably never be known. That there was something more than a merely tacit understanding that Mr. Gourlay was to be got rid of is beyond question. But before any arrest could be effected under the Act of 1804 it was necessary that perjured testimony should be forthcoming. It was easily provided. On the 18th of December, 1818, a secret consultation took place between Dickson and one Isaac Swayze, at the former's private abode. Swayze was a resident of the Niagara District, and the representative of the Fourth Riding of Lincoln in the Legislative Assembly, but was nevertheless a man of indifferent character, and so illiterate as to be barely able to write his name. During the Revolutionary War he had been a spy and "horse-provider" to the loyalist troops. More recently he had been chiefly known as one of the most bigoted and unprincipled of the Compact's minor satellites; a hanger-on who was ever ready to undertake any disreputable work which the Executive might have for him to do. He was a smooth-tongued hypocrite, who made extravagant professions of zeal for religion when he was in the society of religious people, but afterwards laughed at their credulity for believing him. "When electioneering," said he, "I pray with the Methodists." At other times he gained votes by threatening to bring down upon the electors the vengeance of the Executive, who, he averred, were specially desirous of having his services in the Assembly. Corruption can always find apt tools to do its bidding.
"Where'er down Tiber garbage floats, the greedy pike ye see;
And wheresoe'er such lord is found, such client still will be."
Isaac Swayze was a veritable modern counterpart of the client Marcus, and when he gained votes by holding his patrons _in terrorem_ over the heads of the electors, he was merely echoing his ancient prototype:--
"I wait on Appius Claudius, I waited on his sire;
Let him who works the client wrong beware the patron's ire."
His employers knew their man, and that he would not stick at a trifle to keep their favour. On the day after his secret interview with Dickson he proved his subordination to authority by committing wilful and deliberate perjury. He swore that Mr. Gourlay was an evil-minded and seditious person, who was endeavouring to raise a rebellion against the government of Upper Canada; that he, deponent, verily believed that said Gourlay had not been an inhabitant of the Province for six months, and had not taken the oath of allegiance.[9]
On the strength of this sworn statement, Mr. Gourlay was arrested under the Alien Act of 1804, and carried before Dickson and Claus, both of whom were specially and personally interested in putting him to silence. The examination and hearing before them, which took place on the 21st of December, was a transparent mockery of justice. Dickson, Claus and Swayze, in common with nearly every one in Upper Canada, well knew that their victim had been resident in the Province for nearly three times the period specified in the Act. Dickson had been in constant and familiar intercourse with him for sixteen months. Claus had known him nearly as long. Swayze had conversed with him at York more than a year before, and had been acquainted with his proceedings from month to month--almost from week to week--during the entire interval. The charge of being an evil-minded and seditious person was too absurd to be seriously entertained for a moment by any one who knew Mr. Gourlay as intimately as Dickson had done for more than eight years.[10] As for his not having taken the oath of allegiance, it had never been required of him, and he was both able and willing to take it with a clear and honest conscience. But as matter of fact no one suspected his loyalty, and the charge against him was the veriest pretext that malice could invent. When he appeared before his judges, however, Messieurs Dickson and Claus professed to be dissatisfied with his defence, and alleged that his "words, actions, conduct and behaviour" had been such as to promote disaffection. They accordingly adjudged that he should leave the Province within ten days. A written order, signed by them, enjoining his departure, was delivered to him. "To have obeyed this order," writes Mr. Gourlay,[11] "would have proved ruinous to the business for which, at great expense, and with much trouble, I had qualified myself. It would have been a tacit acknowledgment of guilt, whereof I was unconscious. It would have been a surrender of the noblest British right; it would have been holding light my natural allegiance; it would have been a declaration that the Bill of Rights was a Bill of Wrongs. I resolved to endure any hardship rather than to submit voluntarily."
He paid a heavy penalty for his disobedience. On the 4th of January, 1819--the third day after the expiration of the period allowed him for departure--Dickson and Claus issued an order of commitment, under which he was arrested and lodged in Niagara jail, there to remain until the next sitting of the Court of Oyer and Terminer. His pugnacity was by this time fully aroused, and he determined to fight his ground inch by inch. After some delay, he caused himself to be taken before Chief Justice Powell, at York, under a writ of _habeas corpus_, for the purpose of being either discharged from custody or admitted to bail. The argument was heard on the 8th of February, when several persons of wealth and good social position presented themselves, and offered to become responsible to any amount for his appearance whenever called upon to stand his trial. The attorney who argued the cause on behalf of the prisoner presented three affidavits, made respectively by the Honourable Robert Hamilton, Peter Hamilton, and the prisoner himself, who, in order to render his position doubly unassailable, had meanwhile taken the oath of allegiance. In the first affidavit it was deposed that Mr. Gourlay had been domiciliated at Queenston for more than nine months, and that the deponent verily believed him to be a natural-born subject of Great Britain. By the second it appeared that deponent had known Mr. Gourlay in Britain, where he was respected, esteemed, and taken to be a British subject; "and that he is so"--thus ran the affidavit--"this deponent verily believes is notoriously true in this district." The prisoner's own affidavit set forth that he was a British subject; that he had taken the oath of allegiance, and that he had been an inhabitant of Upper Canada for more than a year prior to the date of the warrant first issued against him. There could hardly have been a clearer case. But the prisoner's enlargement at this time would have been a triumph for him, and would have made him a popular idol, which would not have comported with the policy of the Unholy Inquisition at the capital. He was remanded to jail, the Chief Justice indorsing judgment on the writ to the effect that the warrant of commitment appeared to be regular, and that the Act under which it was issued made no provision for bail or main-prize.
When Mr. Gourlay was first placed in durance at Niagara he was possessed of robust health, a vigorous frame, a seemingly unconquerable will, and a perfervid enthusiasm for the cause of truth and justice. But his sufferings during