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The flow of animal spirits carried me along for more than two miles in triumphant disgust. It carried me beyond my strength, till, staggering by the side of the road, I sunk down, almost lifeless, among the bushes, and awoke from my dream to a state of sensibility and horror past all power of description. If at my trial, and so long after it, I was callous to feeling; if I was blind to objects around me, and regardless of consequences, the scenes I had passed through were now too visible: my senses were too keen; my feelings too acute. Before, all was frozen and rigid; now, extreme relaxation resigned me to the torture of a distracted mind, feeble, doubting, and irresolute. In fact, my nervous system had undergone a most violent change; and, to this hour, the effects are permanent: to this hour, with every effort and every appliance, my natural tone of health and vigour cannot be regained."[19]
One of the bitterest reflections which forced itself upon him was that he, a man of unimpeachable loyalty, had been banished--"flung out like a spoilt jelly,"[20] under a statute which had been passed to guard against the machinations of aliens and traitors. "Banishment" was to him a word replete with repulsive and disgraceful associations. He liked it no better than did the sweet rose of the Capulets.
"Banished: that one word--_banished_.
* * * * *
There is no end, no limit, measure, bound,
In that word's death."
* * * * *
On the 27th of August, precisely a week after the trial above described, a high and mighty English nobleman who was for the time domiciled in Canada underwent a more terrible experience than ever fell to the lot of Robert Gourlay. He was travelling at the time through a part of the county of Carleton, and while wandering through the woods, attended by several companions, he found himself exceedingly unwell. His spirits were depressed, and he was dominated by what seemed an unaccountable dread of water. His valet had noticed that for a day or two previously he had shrunk from performing his customary ablutions, and had cleaned his hands and face by the application of a damp towel. On approaching within a few yards of a forest stream he was seized by violent spasms. By a desperate resolution he forced himself to take his seat in a canoe which had been provided, but the little craft had not proceeded many yards ere he was seized by a fresh paroxysm, and in a frenzied tone ordered the boatman to land him on the nearest bank. The order was promptly obeyed, and he had no sooner escaped from the boat than he ran frantically into the depths of the wood. He was pursued and overtaken by his companions, who found him foaming at the mouth and raving mad. They secured him until the paroxysm had spent itself, when they conveyed him to a neighbouring shanty. The sufferer, at his own request, was soon after removed to an adjoining barn, where he said he should be more comfortable than in the shanty, as it was _further from the water_. Throughout the rest of the day and ensuing night he was subject to repeated returns of the paroxysms, during which he suffered untold agonies. It was evident to himself and those about him that he was afflicted by the most terrible of all maladies to which humanity is subject--hydrophobia. He had been bitten by a tame fox a few weeks before, and the deadly rabies had ever since been rankling in his system. He realized that he must die, and the instincts of his race--he was a remote by-blow of royalty--taught him to make an ending in a manner becoming a gentleman. Towards evening he consented to be taken back to the shanty, where a bed had been prepared for him. Except while the paroxysms were upon him, he was perfectly calm and collected, and gave his last sad directions to a friend who stood by his side. About eight o'clock on the morning of the 28th the death-agony came upon him, and his excruciating tortures were at an end.
Thus passed away Charles Gordon Lennox, Fourth Duke of Richmond, Earl of March and Baron Settrington in the peerage of England; Duke of Lennox, Earl of Darnley and Baron Methuen in the peerage of Scotland; Duc d'Aubigny in France, Governor-General of Canada, lord of Halnaker, Goodwood and West Hampnett. There was, as has been above hinted, a bar sinister in his escutcheon, for he was descended from King Charles the Second and the fair and frail Frenchwoman Louise Renee de Querouaille, who was commonly known among Englishmen of her day as Madam Carwell. This lady, who was probably the least bad of the unlicensed prostitutes of Charles's seraglio at Whitehall, was for her many virtues created Duchess of Portsmouth. Her descendants, like those of Nell Gwynn and the rest of that frail sisterhood, are reckoned among the great ones of the earth. The Duke whose melancholy fate has just been chronicled was the father of Lady Sarah, spouse of Sir Peregrine Maitland, Lieutenant-Governor of Upper Canada.
* * * * *
Was there any connection between these two tragical events: the trial of Robert Gourlay and the death of the Duke of Richmond? Mr. Gourlay evidently leaned to the belief that there was.[21] The Duke and his son-in-law had passed through Niagara during the hot weather of July, while the victim of Family Compact villainy was gradually having his health and reason tortured out of him in the jail at that place. He was of opinion that the two distinguished visitors should have exercised their prerogative by setting him at liberty. This, of course, was an altogether unreasonable belief. His Grace was not at all likely to interfere in the matter, and as for Sir Peregrine, he was completely in the hands of Mr. Gourlay's enemies. The belief, however, is worth recording, as exhibiting the extent to which Mr. Gourlay's persecution continued to prey upon his mind, even after the lapse of years, and when he was in as good health as he ever regained.
It was deemed advisable that Mr. Gourlay's case should be a perpetual warning to any and every person who might thereafter dare to tread in his venturesome footsteps. Accordingly, as has been seen, he had to drink the cup of mortification to the very dregs. And, by way of deterring public writers from aiding and abetting any such pestilent innovators for the future, it was determined that a notable example should be made of the editor of the Niagara _Spectator_, who had dared to side with the oppressed against the oppressor, and had published some of Mr. Gourlay's attacks upon the abuses of the time. His name was Bartemus Ferguson, and he had on several occasions manifested his sympathy with projects of reform. The discipline inflicted upon him was swift and severe. He was seized while in bed, in the middle of the night, a hundred and fifty miles from home, conveyed to jail at Niagara, and thence to York, where he was detained in prison for some days out of the reach of friends to bail him. He was tried for sedition at the Niagara assizes a day or two before Mr. Gourlay. In order that public journalists of the present day may note in what comparatively pleasant places their lines have fallen, I transcribe the sentence of the court, which was as follows:--"Therefore it is considered by the said court here that the said Bartemus Ferguson do pay a fine to our said lord the King of fifty pounds of lawful money of Upper Canada: That he, the said Bartemus Ferguson, be imprisoned in the common jail of the District of Niagara for the space of eighteen calendar months, to be computed from the eighth day of November, in the sixtieth year of the reign of our said lord the King: that in the course of the first month of the said eighteen months he do stand in the public pillory one hour, between the hours of ten o'clock in the forenoon and two o'clock in the afternoon: and that at the expiration of the said imprisonment he do give security for his good behaviour for the term of seven years: he the said Bartemus Ferguson in the sum of five hundred pounds, and two sureties in the sum of two hundred and fifty pounds each; and further, that he, the said Bartemus Ferguson, do remain imprisoned in the said jail until the aforesaid fine be paid and security given."
The composition for which the editor was thus held to so stern an account was a letter written by Mr. Gourlay, and signed by his name, published in the _Spectator_ during the editor's absence from home, and without his knowledge. It animadverted pretty sharply on the Administration of the day. In the jingling and jangling phraseology of the indictment, it was calculated to "detract, scandalize, and vilify His Grace Charles Duke of Richmond, Lennox and Aubigny, Captain-General and Governor in and over the Provinces of Lower and Upper Canada, Nova Scotia and New Brunswick and their dependencies; and to scandalize and vilify Sir Peregrine Maitland, Knight Commander of the Most Honourable Military Order of the Bath, His Majesty's Lieutenant-Governor of this Province of Upper Canada." Certain public officials, not specifically alluded to by name, were referred to as fools and sycophants. But the letter did not contain a syllable which was not literally true, and was mildness itself when compared with letters and articles which are constantly published with impunity in newspapers of all shades of political opinion in these present times. It appears that, upon the humble and unequivocal submission of the culprit, some of the most severe penalties imposed by the court were remitted, and that he was erelong allowed to resume his business;[22] but all enthusiasm for the public good had meanwhile been crushed out of him, and he became one more added to the list of subservient tools which the Executive always managed to have at their control. Such were the glories of a free press in enlightened Upper Canada sixty-six years ago. Such were the "good old times" which our grandfathers are never weary of belauding to the echo. How bright are the hues of retrospection! But for us of the present generation, let us be thankful to the Giver of all Good that such brave old times are long past, and that they can never return. Let them go; but surely it is too much to expect us to pronounce a benison upon their dead and departed dry bones.
Even before the commencement of proceedings against Mr. Gourlay under the Alien Act, his conduct had furnished a pretext to those in authority for striking a heavy blow against freedom of speech and action. The holding of conventions, whereat meddlesome persons of the Gourlay stamp might air their grievances and agitate for investigations into public abuses, was a thing not to be tolerated in Upper Canada. Upon the assembling of the Legislature at York, in October, 1818, the Lieutenant-Governor, in his opening Speech, hinted at a law to prevent the holding of such meetings; and in the course of the ensuing session a Bill to
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