The Story of the Upper Canada Rebellion by John Charles Dent (short novels in english .TXT) 📖
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William Allan, who, at the very moment when this evidence was given, sat on the bench to the right of the Chief Justice as an associate judge on the trial. Colonel Heward, whose son Charles was one of the delinquents, was the other magistrate compromised by the evidence. The third person alleged to have witnessed the transaction was Mr. Macaulay, leading counsel for the defence. The utter incongruity and unseemliness of the whole affair from first to last seems incomprehensible at the present day. All sense of the fitness of things seems to have been wanting.
The trespass had been flagrant and bold, and the only question which the jury had to consider was the amount of damages. There were conflicting elements among the jurors, who were long in coming to a decision. After much deliberation they returned a verdict of L625, which sum, together with costs of suit, was soon afterwards paid over to the plaintiff's attorney.[82] But the rioters themselves were not suffered to sustain this loss. Prominent adherents of the official party did not hesitate to say that by the attack upon Mr. Mackenzie's press and type, and by the consequent stoppage of publication of his paper,[83] the perpetrators of the outrage had rendered an essential service to society, by abating an intolerable nuisance. Under such circumstances it was only just that society should bear harmless those who had thrown themselves into the breach and vindicated her rights. It was resolved that a subscription should be set on foot with this laudable object.
Among the few high Tories resident at York in those days upon whose characters it is possible for one of modern ideas to look with sympathy, and even with a considerable degree of admiration, was Colonel James Fitz Gibbon. The Colonel was a gallant veteran who had fought the battles of his country on two continents, at Copenhagen and the Helder, at Fort Erie and the Beaver Dams. His military career was not yet quite at an end, for he was destined to play an important part in the putting-down of the Upper Canadian Rebellion; a circumstance which furnishes a sufficient justification for a somewhat more extended reference to him in this place than his mere connection with the press riot would have rendered necessary. He was an Irishman of humble origin, who had enlisted as a private soldier at the age of seventeen, and who, by sheer force of energy, bravery and aptitude for his profession, had fought his way to military rank and honour. After seeing much service on the continent, and passing through as many adventures as a knight-errant of old, he was transferred to British North America. His gallant services in this country are imperfectly recorded in various accounts of the War of 1812, and in Tupper's "Life of Brock." Every Canadian is, or ought to be, familiar with the circumstances attending the capture by him of a force of 450 infantry, fifty cavalry, and two guns, he himself being at the time in command of only forty-eight men. After the close of the war he was placed on half pay, and took up his abode at York. He attached himself to the Provincial militia, whence he derived his rank of Colonel. He likewise obtained a post in the Adjutant-General's office, and subsequently became Deputy Adjutant-General, which position he held at the period at which the narrative has arrived. He was also in the Commission of the Peace, and frequently sat in Quarter Sessions. His share in suppressing the revolt in 1837 will be narrated in its proper place. For the rest it may be added that he was always impecunious, for, apart from the fact that he was no financier, and never knew how to take care of money when he had any, the expenses of his outfit when promoted to the rank of Adjutant, in 1806, formed the nucleus of a debt which hampered him from youth to old age. His indigence often subjected him to straits which must have been hard to bear; but he was of a sanguine, joyous disposition, and poverty, though it might temporarily overcloud his happiness, had no power to break his indomitable spirit. During his long residence in Canada he was a persistent seeker after office, because he was almost always in pecuniary straits; but he fully earned all the emoluments he ever received from the Government, and if his income had been five times as large as it ever was he would probably have been neither more comfortable nor less impecunious. It seemed as though no experience could lead him to take thought for the morrow. His chief characteristics were such as are not uncommon among his fellow-countrymen. He was generous and open-hearted to a fault, ever ready to bestow his last shilling upon anybody who needed it, or who even made a plausible pretence of needing it. He was rash, impetuous and indiscreet, but the ranks of the British army held no braver or more loyal heart than his. In his simple and gentle soul there was no room for envy or guile. He seems, indeed, to have been in many respects a sort of Irish reflection of Colonel Newcome; and the parallel even extended to the outward circumstances attending the close of their respective lives. Colonel Newcome, when all his worldly possessions had gone from him, retired to Grey Friars--the Charterhouse--a retreat for "poor and decayed brethren," when the world seemed to afford no other asylum. There he passed the remainder of his days, and there he said "Adsum" when his name was called for the last time in this world. In like manner Colonel Fitz Gibbon, when all other resources failed him, was able, through the kindness of Lord Seaton, to obtain a place in an asylum of somewhat similar character. At Royal Windsor there is an institution which provides a retreat from the cares and storms of life for a limited number of depleted old military officers. The members are styled Military Knights of Windsor, and the abodes provided for them are situated "within the precincts." Hither, in 1850, when he had entered upon his seventieth year, the battered old hero of many fights retired to pass in quiet the evening of an active life. He survived for more than ten years, during which period he succeeded in obtaining for himself and his brother knights certain important privileges of which they had theretofore been deprived.
Though he was not, in the proper sense of the word, a politician, both his interests and his superabundant loyalty impelled him to the side of those in power. No one in the Province had less respect for radicals of the Mackenzie stamp. It was sufficient for him to reflect that the official party reflected the might and majesty of the Crown of Great Britain. His whole nature, fostered by his military training, revolted at the idea of opposition to those in authority. He was moreover dependent upon the Government for his place in the Adjutant-General's office, and would naturally espouse the side of his patrons. The Compact had no more faithful adherent, and by no one were "low radicals" held in more profound abhorrence. He was roused to a high pitch of fervour by the trial of the press rioters, who, in his opinion, had acted in the most patriotic and praiseworthy spirit. When the verdict had been rendered, and when it had become manifest that the defendants must pay the penalty of their acts, the Colonel regarded them as martyrs. He promptly volunteered to canvass the town for subscriptions to a fund for discharging the liability, and thus saving "the boys," as he called them, from loss. He was as good as his word, and the requisite sum was soon forthcoming. Who the contributors to this fund were has never been fully revealed, and the secret is likely to be well kept, for the list was burned by Colonel Fitz Gibbon immediately after it had served its purpose, and there is probably no man now living who can throw any light upon the subject. Mr. Lindsey observes[84] that "it is believed the officials of the day were not backward in assisting to indemnify the defendants in the type-riot trial, for the adverse verdict of an impartial jury"--a belief which, under the circumstances, is certainly not an extravagant one. It was commonly rumoured that several heads of departments had contributed twenty pounds each to the fund, and Francis Collins gave currency to the rumour through the columns of his paper. The controversy to which this gave rise was the indirect means of furnishing almost the only evidence now obtainable as to the signatures to the subscription list. Collins asserted that Sir Peregrine Maitland's own name was understood to be at the head of the list, opposite to a large contribution. Colonel Fitz Gibbon was so indiscreet as to write a reply, in which he distinctly declared that the latter's assertion was wholly untrue, _so far as the Lieutenant-Governor was concerned_. From this letter, which was duly given to the public in the _Freeman_, it was not unfairly to be inferred that the assertion, so far as it related to the heads of departments, could not be truthfully denied. That some, at least, of the members of the official body contributed to the fund was matter of notoriety in York at the time, and, so far as I am aware, has never been denied. The Honourable James Baby, indeed, who was then or shortly afterwards the senior member of the Executive Council, and who, as before mentioned, was the father of two of the young men concerned in the raid, contributed his share with great reluctance. He was at this time advanced in life--he was in his sixty-fifth year--and he had ceased to carry much weight in the Great Council of the Province, having been to a large extent superseded by younger and more energetic men. His opinions were no longer deferred to as they had once been, and on one or two occasions he had, as he conceived, been treated with inadequate respect by some of his junior colleagues. He felt his position keenly, and there is reason for believing that he would have resigned his office of Inspector-General and his seat at the Council Board, had it not been that there were many demands upon his purse, and that he was largely dependent upon his official salary for the support of his family. On a subsequent page a notable instance will be given of the degradation to which his poverty compelled him to submit at the hands of the Lieutenant-Governor. Under the circumstances, however, he could not refuse to contribute to Colonel Fitz Gibbon's list; and it is recorded that when one of his sons called upon him for the amount which he had subscribed, he handed over the sum with justifiable petulance, saying: "There, go and make one great fool of yourself again."[85] Such of the rioters as were possessed of means contributed to the fund according to their respective ability, but the others were not allowed to bear more than a very small share of the loss.
The only other documentary evidence to be had on the subject of the subscribers to the fund is to be found in the "Statement of Facts" of Samuel Peters Jarvis himself. "I have on my part to assure the public," he writes, "that so far from being indemnified by the contributions which from various motives were made for our relief, the burthen fell heavily upon such of us as had the means of paying anything; and I affirm that the share of the verdict which I myself had to defray, from no very abundant means, was such that if Mr. Mackenzie had made as much clear profit by his press during the whole time he has employed it in the work of detraction, he would not have found it necessary to
The trespass had been flagrant and bold, and the only question which the jury had to consider was the amount of damages. There were conflicting elements among the jurors, who were long in coming to a decision. After much deliberation they returned a verdict of L625, which sum, together with costs of suit, was soon afterwards paid over to the plaintiff's attorney.[82] But the rioters themselves were not suffered to sustain this loss. Prominent adherents of the official party did not hesitate to say that by the attack upon Mr. Mackenzie's press and type, and by the consequent stoppage of publication of his paper,[83] the perpetrators of the outrage had rendered an essential service to society, by abating an intolerable nuisance. Under such circumstances it was only just that society should bear harmless those who had thrown themselves into the breach and vindicated her rights. It was resolved that a subscription should be set on foot with this laudable object.
Among the few high Tories resident at York in those days upon whose characters it is possible for one of modern ideas to look with sympathy, and even with a considerable degree of admiration, was Colonel James Fitz Gibbon. The Colonel was a gallant veteran who had fought the battles of his country on two continents, at Copenhagen and the Helder, at Fort Erie and the Beaver Dams. His military career was not yet quite at an end, for he was destined to play an important part in the putting-down of the Upper Canadian Rebellion; a circumstance which furnishes a sufficient justification for a somewhat more extended reference to him in this place than his mere connection with the press riot would have rendered necessary. He was an Irishman of humble origin, who had enlisted as a private soldier at the age of seventeen, and who, by sheer force of energy, bravery and aptitude for his profession, had fought his way to military rank and honour. After seeing much service on the continent, and passing through as many adventures as a knight-errant of old, he was transferred to British North America. His gallant services in this country are imperfectly recorded in various accounts of the War of 1812, and in Tupper's "Life of Brock." Every Canadian is, or ought to be, familiar with the circumstances attending the capture by him of a force of 450 infantry, fifty cavalry, and two guns, he himself being at the time in command of only forty-eight men. After the close of the war he was placed on half pay, and took up his abode at York. He attached himself to the Provincial militia, whence he derived his rank of Colonel. He likewise obtained a post in the Adjutant-General's office, and subsequently became Deputy Adjutant-General, which position he held at the period at which the narrative has arrived. He was also in the Commission of the Peace, and frequently sat in Quarter Sessions. His share in suppressing the revolt in 1837 will be narrated in its proper place. For the rest it may be added that he was always impecunious, for, apart from the fact that he was no financier, and never knew how to take care of money when he had any, the expenses of his outfit when promoted to the rank of Adjutant, in 1806, formed the nucleus of a debt which hampered him from youth to old age. His indigence often subjected him to straits which must have been hard to bear; but he was of a sanguine, joyous disposition, and poverty, though it might temporarily overcloud his happiness, had no power to break his indomitable spirit. During his long residence in Canada he was a persistent seeker after office, because he was almost always in pecuniary straits; but he fully earned all the emoluments he ever received from the Government, and if his income had been five times as large as it ever was he would probably have been neither more comfortable nor less impecunious. It seemed as though no experience could lead him to take thought for the morrow. His chief characteristics were such as are not uncommon among his fellow-countrymen. He was generous and open-hearted to a fault, ever ready to bestow his last shilling upon anybody who needed it, or who even made a plausible pretence of needing it. He was rash, impetuous and indiscreet, but the ranks of the British army held no braver or more loyal heart than his. In his simple and gentle soul there was no room for envy or guile. He seems, indeed, to have been in many respects a sort of Irish reflection of Colonel Newcome; and the parallel even extended to the outward circumstances attending the close of their respective lives. Colonel Newcome, when all his worldly possessions had gone from him, retired to Grey Friars--the Charterhouse--a retreat for "poor and decayed brethren," when the world seemed to afford no other asylum. There he passed the remainder of his days, and there he said "Adsum" when his name was called for the last time in this world. In like manner Colonel Fitz Gibbon, when all other resources failed him, was able, through the kindness of Lord Seaton, to obtain a place in an asylum of somewhat similar character. At Royal Windsor there is an institution which provides a retreat from the cares and storms of life for a limited number of depleted old military officers. The members are styled Military Knights of Windsor, and the abodes provided for them are situated "within the precincts." Hither, in 1850, when he had entered upon his seventieth year, the battered old hero of many fights retired to pass in quiet the evening of an active life. He survived for more than ten years, during which period he succeeded in obtaining for himself and his brother knights certain important privileges of which they had theretofore been deprived.
Though he was not, in the proper sense of the word, a politician, both his interests and his superabundant loyalty impelled him to the side of those in power. No one in the Province had less respect for radicals of the Mackenzie stamp. It was sufficient for him to reflect that the official party reflected the might and majesty of the Crown of Great Britain. His whole nature, fostered by his military training, revolted at the idea of opposition to those in authority. He was moreover dependent upon the Government for his place in the Adjutant-General's office, and would naturally espouse the side of his patrons. The Compact had no more faithful adherent, and by no one were "low radicals" held in more profound abhorrence. He was roused to a high pitch of fervour by the trial of the press rioters, who, in his opinion, had acted in the most patriotic and praiseworthy spirit. When the verdict had been rendered, and when it had become manifest that the defendants must pay the penalty of their acts, the Colonel regarded them as martyrs. He promptly volunteered to canvass the town for subscriptions to a fund for discharging the liability, and thus saving "the boys," as he called them, from loss. He was as good as his word, and the requisite sum was soon forthcoming. Who the contributors to this fund were has never been fully revealed, and the secret is likely to be well kept, for the list was burned by Colonel Fitz Gibbon immediately after it had served its purpose, and there is probably no man now living who can throw any light upon the subject. Mr. Lindsey observes[84] that "it is believed the officials of the day were not backward in assisting to indemnify the defendants in the type-riot trial, for the adverse verdict of an impartial jury"--a belief which, under the circumstances, is certainly not an extravagant one. It was commonly rumoured that several heads of departments had contributed twenty pounds each to the fund, and Francis Collins gave currency to the rumour through the columns of his paper. The controversy to which this gave rise was the indirect means of furnishing almost the only evidence now obtainable as to the signatures to the subscription list. Collins asserted that Sir Peregrine Maitland's own name was understood to be at the head of the list, opposite to a large contribution. Colonel Fitz Gibbon was so indiscreet as to write a reply, in which he distinctly declared that the latter's assertion was wholly untrue, _so far as the Lieutenant-Governor was concerned_. From this letter, which was duly given to the public in the _Freeman_, it was not unfairly to be inferred that the assertion, so far as it related to the heads of departments, could not be truthfully denied. That some, at least, of the members of the official body contributed to the fund was matter of notoriety in York at the time, and, so far as I am aware, has never been denied. The Honourable James Baby, indeed, who was then or shortly afterwards the senior member of the Executive Council, and who, as before mentioned, was the father of two of the young men concerned in the raid, contributed his share with great reluctance. He was at this time advanced in life--he was in his sixty-fifth year--and he had ceased to carry much weight in the Great Council of the Province, having been to a large extent superseded by younger and more energetic men. His opinions were no longer deferred to as they had once been, and on one or two occasions he had, as he conceived, been treated with inadequate respect by some of his junior colleagues. He felt his position keenly, and there is reason for believing that he would have resigned his office of Inspector-General and his seat at the Council Board, had it not been that there were many demands upon his purse, and that he was largely dependent upon his official salary for the support of his family. On a subsequent page a notable instance will be given of the degradation to which his poverty compelled him to submit at the hands of the Lieutenant-Governor. Under the circumstances, however, he could not refuse to contribute to Colonel Fitz Gibbon's list; and it is recorded that when one of his sons called upon him for the amount which he had subscribed, he handed over the sum with justifiable petulance, saying: "There, go and make one great fool of yourself again."[85] Such of the rioters as were possessed of means contributed to the fund according to their respective ability, but the others were not allowed to bear more than a very small share of the loss.
The only other documentary evidence to be had on the subject of the subscribers to the fund is to be found in the "Statement of Facts" of Samuel Peters Jarvis himself. "I have on my part to assure the public," he writes, "that so far from being indemnified by the contributions which from various motives were made for our relief, the burthen fell heavily upon such of us as had the means of paying anything; and I affirm that the share of the verdict which I myself had to defray, from no very abundant means, was such that if Mr. Mackenzie had made as much clear profit by his press during the whole time he has employed it in the work of detraction, he would not have found it necessary to
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