The Story of the Upper Canada Rebellion - John Charles Dent (best historical biographies .TXT) 📗
- Author: John Charles Dent
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manifestation, and an order was given to clear the gallery. While the order was being obeyed, the Sergeant-at-Arms approached Mackenzie where he stood below the bar, and directed him to leave. Mackenzie replied to the effect that he had a right to be there, and that he intended to remain. The door was then opened by the Sergeant-at-Arms, who proceeded to eject Mackenzie by force; but before he could carry out his purpose a rush was made from the adjacent lobby. The door was promptly closed and barricaded, but not until several of the invaders had effected an entrance. The excitement was intense, and for some minutes the proceedings of the House were suspended. When quiet had been in some measure restored, the Speaker directed the Sergeant-at-Arms to clear the space below the bar of strangers. That functionary again ordered Mackenzie to leave, and he received the same reply as before. This was communicated to the Speaker, who decided that, as Mackenzie had not taken the oath, he was not a member of the House, and was not entitled to remain. Mackenzie was there, ready and anxious to take the oath; but he was nevertheless removed by the Sergeant-at-Arms, and the Assembly was once more purged of his presence. On the next day he was again formally expelled by a vote of the House[171]--an anomalous proceeding in view of the Speaker's decision that he was not a member! He had thus been thrice expelled from the House, and once excluded therefrom upon the ground that he was not a member.
[Sidenote: 1834.]
It was by this time clear that from a House so constituted Mackenzie could not expect to meet with fair play. Mr. Bidwell, Mr. Perry, and others of his friends had all along spoken manfully on his behalf whenever an opportunity of doing so had presented itself, but their arguments had simply been thrown away. His pugnacious spirit was however fully aroused, and he determined to exhaust every means before abandoning his endeavours to take the seat to which he was entitled. He applied to the Lieutenant-Governor for permission to take the oath prescribed for members of the Legislature before his Excellency, or before some one specially appointed for the purpose, under the twenty-ninth section of the Constitutional Act of 1791.[172] The question involved in this application was submitted to the Attorney-General, Mr. Jameson, who pronounced the opinion that Mackenzie was entitled to the privilege asked for. The matter was nevertheless allowed to remain in abeyance for some weeks, as the hostile members of Assembly had been worked up to a great pitch of excitement by the incursion of the rural population, and were in no humour to tolerate Mackenzie's presence. Meanwhile petitions to the Lieutenant-Governor were sent in from various parts of the County of York, as well as from other places. The language in some of these was of the most unmistakable kind, and it was evident that endurance had nearly reached its limits. On Monday, the 10th of February, Mackenzie, having taken the oath before the Clerk of the Executive Council, and having obtained a duly attested certificate of the ceremonial, ventured once more to present himself in the Chamber of the Assembly.
The House was in Committee on the question of improving the navigation of the St. Lawrence when he entered. The gallery was crowded with spectators, most of whom were sympathizers with Mackenzie, and had assembled there to impart to him a sort of outside numerical support. He walked to the seat which he had once been accustomed to occupy, and quietly sat down in it. Ere many minutes the Sergeant-at-Arms[173] approached and requested him to withdraw. This he declined to do, alleging that he was a member legally elected, duly sworn, and charged with no offence or irregularity which could disqualify him from sitting and voting.[174] He produced the attested copy of the oath, and bade the Sergeant-at-Arms interfere at his peril. The following is Mackenzie's own account of what ensued; and, unlike most of his narratives, it is in all substantial respects confirmed by several eye-witnesses. "He [the Sergeant-at-Arms] said he must use force, and he did so in as gentle a manner as was consistent with the act. Although his proceedings were illegal, his whole conduct in carrying them into effect was marked by a discretion wisely adopted in the excited state of the minds of the dense audience by whom he was surrounded. I almost immediately returned to the seat I had occupied, and while on my way was seized hold of by Colonel Frazer, Collector of Customs at Brockville, and obliged to change my route. Before I had got well seated, one of the members, I think Mr. Boulton[175] moved that the Speaker take the chair. He did so, and I addressed him, stating the insult I had received while in the performance of my duty as a member. To this he made no reply, but said that the Sergeant-at-Arms must know his duty. He then left the chair; the Committee resumed, and I was a second time forced from my seat by violent means. After a little reflection I decided to resume my seat; was a third time forced from it by the Sergeant-at-Arms, and when the Speaker had returned I was placed at the bar, charged by the Sergeant-at-Arms with refusing to leave the House."[176] The Sergeant-at-Arms then reported to the Speaker that he had taken into custody William Lyon Mackenzie for disorderly conduct, and that he had him in charge at the bar; whereupon it was moved by Mr. Samson, and seconded by Mr. Vankoughnet, member for Stormont, that William Lyon Mackenzie, having been brought to the bar of the House by the Sergeant-at-Arms for disorderly conduct, be called upon to state what he might have to say in his defence. To this motion Mr. Perry moved an amendment to the effect that Mackenzie was under no legal disqualifications, and had a right to sit and vote in the House. Then followed a long debate which lasted nearly six hours,[177] and which left the question at issue pretty nearly where it had been. Mr. Perry's motion was lost by a vote of twenty-one to fifteen. A dense crowd occupied the gallery until far into the night, but good order was preserved, the only demonstration being a subdued hiss while Mr. William B. Robinson, member for Simcoe, and brother of the Chief Justice, was speaking. Much rancour was exhibited by some of the Tory speakers, several of whom approved their loyalty by inveighing loudly against the Lieutenant-Governor for permitting the Clerk of the Executive Council to administer the oath to Mackenzie. Allan MacNab declared his intention to vote for committing Mackenzie to the common jail. Casting his eyes up to the gallery, he scowled at the occupants, to whom he referred as a band of ruffians who had come there to intimidate the House. The Lieutenant-Governor, he said, had interfered very improperly, and in a manner no way creditable to himself. He had acted like the Vicar of Bray, and might yet find, like that individual, that by taking both sides of a question he might fall through between. Mr. Samson, member for Hastings, spoke to a similar purport, declaring himself to be in favour of sending Mackenzie to jail without a hearing, and referring to the Lieutenant-Governor in terms of strong censure. "His Excellency," remarked Mr. Samson, "knew perfectly well that Mr. Mackenzie had been expelled by us, and for him to allow the oath to be administered under such circumstances was a most unwarrantable proceeding. He had no right whatever to interfere. I do say he acted a most improper part, and I do not know but this House ought to take it up." When Mackenzie attempted to speak at the bar, William Hamilton Merritt, member for Haldimand, rose in much anger, and exclaimed: "Drown his voice. He ought to be put out of the House, and two men stationed continually at the door to keep him out." Absalom Shade, of Galt, member for Halton, was of the same opinion. The speech of the member for Simcoe, which evoked the hiss from the gallery as already mentioned, was perhaps the most violent of all. He advocated that Mackenzie should be punished and consigned to jail without being allowed to utter "one single word" in defence of his outrageous proceedings. "Mackenzie," said he, "would never have dared to show himself in this House again if he had not had his Excellency's sanction for doing so in his pocket. His Excellency's conduct, I maintain, has been utterly unjustifiable. Indeed, I could not have believed it possible that his Excellency should have thought of taking such a step without consulting the Speaker of this House. He had no right whatever to do so, and now that he is told that we do not recognize such a right on the part of the Executive, I trust he will not persevere."[178] For milder language than this, many of the Reformers had been branded as "traitors," "disaffected," and "republicans," by the very person who now gave utterance to it. The beam in one's own eye is so much harder to perceive than the mote in the eye of one's brother.
The plain fact of the matter is, that no sentiment of either loyalty or disloyalty had anything whatever to do with the treatment to which Mackenzie was subjected at the hands of the Compact and their supporters. It was simply this: Mackenzie was a thorn in their sides. He watched them closely, and exposed their conduct in language which was telling and vigorous, albeit often ill-considered and unbecoming. They felt that their supremacy was menaced, and largely by his instrumentality. His expulsions were due to a fixed determination to keep him out of Parliament, irrespective not only of what was constitutional or unconstitutional, but even of what was right or wrong. To carry out this determination they resorted to all the party devices which a majority in the Assembly placed at their disposal. "From first to last," as Mr. Lindsey remarks,[179] "the proceedings against Mr. Mackenzie were conceived in a party spirit, and carried by party votes. No worse description or condemnation of them could be given, seeing that they were in their nature judicial."
The debate, as has been said, came to nothing. Mackenzie was not permitted to take his seat, and did not again attempt to do so during the session. No new writ was issued for the election of a member by the County of York. Mackenzie's supporters opposed the issue of a writ because such a proceeding would have assumed that the expulsion had been legal, and that there was a legal vacancy in the representation. Others, who were not friendly to Mackenzie, felt that a new election would only lead to fresh complications. York would undoubtedly return the expelled member, and he would again be refused a seat in the House. The session accordingly dragged on to its close without any writ having been issued: a matter of little practical importance, inasmuch as there was to be a general election in the course of a few months. It will thus be seen that the County of York underwent a partial disfranchisement for three years, during which three sessions were held. Before another session came round a new Parliament had come into being, and the political situation had undergone a complete metamorphosis.
During the session of 1833-4, which witnessed the tumultuous scene just described, the Provincial Parliament made one important concession to public opinion by passing an Act to render the Judges of the Court of King's Bench independent of the Crown. It is right to state, however, that this was done in consequence of pressure from the Imperial Government,[180] and not from any wish to remove an abuse of long standing. The Act provided that "the Judges of His Majesty's Court of King's Bench for
[Sidenote: 1834.]
It was by this time clear that from a House so constituted Mackenzie could not expect to meet with fair play. Mr. Bidwell, Mr. Perry, and others of his friends had all along spoken manfully on his behalf whenever an opportunity of doing so had presented itself, but their arguments had simply been thrown away. His pugnacious spirit was however fully aroused, and he determined to exhaust every means before abandoning his endeavours to take the seat to which he was entitled. He applied to the Lieutenant-Governor for permission to take the oath prescribed for members of the Legislature before his Excellency, or before some one specially appointed for the purpose, under the twenty-ninth section of the Constitutional Act of 1791.[172] The question involved in this application was submitted to the Attorney-General, Mr. Jameson, who pronounced the opinion that Mackenzie was entitled to the privilege asked for. The matter was nevertheless allowed to remain in abeyance for some weeks, as the hostile members of Assembly had been worked up to a great pitch of excitement by the incursion of the rural population, and were in no humour to tolerate Mackenzie's presence. Meanwhile petitions to the Lieutenant-Governor were sent in from various parts of the County of York, as well as from other places. The language in some of these was of the most unmistakable kind, and it was evident that endurance had nearly reached its limits. On Monday, the 10th of February, Mackenzie, having taken the oath before the Clerk of the Executive Council, and having obtained a duly attested certificate of the ceremonial, ventured once more to present himself in the Chamber of the Assembly.
The House was in Committee on the question of improving the navigation of the St. Lawrence when he entered. The gallery was crowded with spectators, most of whom were sympathizers with Mackenzie, and had assembled there to impart to him a sort of outside numerical support. He walked to the seat which he had once been accustomed to occupy, and quietly sat down in it. Ere many minutes the Sergeant-at-Arms[173] approached and requested him to withdraw. This he declined to do, alleging that he was a member legally elected, duly sworn, and charged with no offence or irregularity which could disqualify him from sitting and voting.[174] He produced the attested copy of the oath, and bade the Sergeant-at-Arms interfere at his peril. The following is Mackenzie's own account of what ensued; and, unlike most of his narratives, it is in all substantial respects confirmed by several eye-witnesses. "He [the Sergeant-at-Arms] said he must use force, and he did so in as gentle a manner as was consistent with the act. Although his proceedings were illegal, his whole conduct in carrying them into effect was marked by a discretion wisely adopted in the excited state of the minds of the dense audience by whom he was surrounded. I almost immediately returned to the seat I had occupied, and while on my way was seized hold of by Colonel Frazer, Collector of Customs at Brockville, and obliged to change my route. Before I had got well seated, one of the members, I think Mr. Boulton[175] moved that the Speaker take the chair. He did so, and I addressed him, stating the insult I had received while in the performance of my duty as a member. To this he made no reply, but said that the Sergeant-at-Arms must know his duty. He then left the chair; the Committee resumed, and I was a second time forced from my seat by violent means. After a little reflection I decided to resume my seat; was a third time forced from it by the Sergeant-at-Arms, and when the Speaker had returned I was placed at the bar, charged by the Sergeant-at-Arms with refusing to leave the House."[176] The Sergeant-at-Arms then reported to the Speaker that he had taken into custody William Lyon Mackenzie for disorderly conduct, and that he had him in charge at the bar; whereupon it was moved by Mr. Samson, and seconded by Mr. Vankoughnet, member for Stormont, that William Lyon Mackenzie, having been brought to the bar of the House by the Sergeant-at-Arms for disorderly conduct, be called upon to state what he might have to say in his defence. To this motion Mr. Perry moved an amendment to the effect that Mackenzie was under no legal disqualifications, and had a right to sit and vote in the House. Then followed a long debate which lasted nearly six hours,[177] and which left the question at issue pretty nearly where it had been. Mr. Perry's motion was lost by a vote of twenty-one to fifteen. A dense crowd occupied the gallery until far into the night, but good order was preserved, the only demonstration being a subdued hiss while Mr. William B. Robinson, member for Simcoe, and brother of the Chief Justice, was speaking. Much rancour was exhibited by some of the Tory speakers, several of whom approved their loyalty by inveighing loudly against the Lieutenant-Governor for permitting the Clerk of the Executive Council to administer the oath to Mackenzie. Allan MacNab declared his intention to vote for committing Mackenzie to the common jail. Casting his eyes up to the gallery, he scowled at the occupants, to whom he referred as a band of ruffians who had come there to intimidate the House. The Lieutenant-Governor, he said, had interfered very improperly, and in a manner no way creditable to himself. He had acted like the Vicar of Bray, and might yet find, like that individual, that by taking both sides of a question he might fall through between. Mr. Samson, member for Hastings, spoke to a similar purport, declaring himself to be in favour of sending Mackenzie to jail without a hearing, and referring to the Lieutenant-Governor in terms of strong censure. "His Excellency," remarked Mr. Samson, "knew perfectly well that Mr. Mackenzie had been expelled by us, and for him to allow the oath to be administered under such circumstances was a most unwarrantable proceeding. He had no right whatever to interfere. I do say he acted a most improper part, and I do not know but this House ought to take it up." When Mackenzie attempted to speak at the bar, William Hamilton Merritt, member for Haldimand, rose in much anger, and exclaimed: "Drown his voice. He ought to be put out of the House, and two men stationed continually at the door to keep him out." Absalom Shade, of Galt, member for Halton, was of the same opinion. The speech of the member for Simcoe, which evoked the hiss from the gallery as already mentioned, was perhaps the most violent of all. He advocated that Mackenzie should be punished and consigned to jail without being allowed to utter "one single word" in defence of his outrageous proceedings. "Mackenzie," said he, "would never have dared to show himself in this House again if he had not had his Excellency's sanction for doing so in his pocket. His Excellency's conduct, I maintain, has been utterly unjustifiable. Indeed, I could not have believed it possible that his Excellency should have thought of taking such a step without consulting the Speaker of this House. He had no right whatever to do so, and now that he is told that we do not recognize such a right on the part of the Executive, I trust he will not persevere."[178] For milder language than this, many of the Reformers had been branded as "traitors," "disaffected," and "republicans," by the very person who now gave utterance to it. The beam in one's own eye is so much harder to perceive than the mote in the eye of one's brother.
The plain fact of the matter is, that no sentiment of either loyalty or disloyalty had anything whatever to do with the treatment to which Mackenzie was subjected at the hands of the Compact and their supporters. It was simply this: Mackenzie was a thorn in their sides. He watched them closely, and exposed their conduct in language which was telling and vigorous, albeit often ill-considered and unbecoming. They felt that their supremacy was menaced, and largely by his instrumentality. His expulsions were due to a fixed determination to keep him out of Parliament, irrespective not only of what was constitutional or unconstitutional, but even of what was right or wrong. To carry out this determination they resorted to all the party devices which a majority in the Assembly placed at their disposal. "From first to last," as Mr. Lindsey remarks,[179] "the proceedings against Mr. Mackenzie were conceived in a party spirit, and carried by party votes. No worse description or condemnation of them could be given, seeing that they were in their nature judicial."
The debate, as has been said, came to nothing. Mackenzie was not permitted to take his seat, and did not again attempt to do so during the session. No new writ was issued for the election of a member by the County of York. Mackenzie's supporters opposed the issue of a writ because such a proceeding would have assumed that the expulsion had been legal, and that there was a legal vacancy in the representation. Others, who were not friendly to Mackenzie, felt that a new election would only lead to fresh complications. York would undoubtedly return the expelled member, and he would again be refused a seat in the House. The session accordingly dragged on to its close without any writ having been issued: a matter of little practical importance, inasmuch as there was to be a general election in the course of a few months. It will thus be seen that the County of York underwent a partial disfranchisement for three years, during which three sessions were held. Before another session came round a new Parliament had come into being, and the political situation had undergone a complete metamorphosis.
During the session of 1833-4, which witnessed the tumultuous scene just described, the Provincial Parliament made one important concession to public opinion by passing an Act to render the Judges of the Court of King's Bench independent of the Crown. It is right to state, however, that this was done in consequence of pressure from the Imperial Government,[180] and not from any wish to remove an abuse of long standing. The Act provided that "the Judges of His Majesty's Court of King's Bench for
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