قراءة كتاب The Story of the Upper Canadian Rebellion, Volume 1

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The Story of the Upper Canadian Rebellion, Volume 1

The Story of the Upper Canadian Rebellion, Volume 1

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دار النشر: Project Gutenberg
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falsified the aphorism of a great writer—now, unhappily, lost to us—about the inevitable incompatibility of law and gospel. Both of them had seats in the Executive Council, and, under the then-existing state of things, were official but irresponsible advisers of the Crown's representative. More than one would-be innovator of those days had been made to feel the weight of their hands, without in the least knowing, or even suspecting, whence the blow proceeded. They were the head and front of the junto of oligarchs who formed the Vehmgericht known as the Family Compact, and for all practical purposes their judgment in matters relating to the dispensing of patronage and the disposal of Crown property was final and conclusive.

The counsel for the prosecution was a handsome young man of twenty-eight, who for some years past had been steadily fitting himself for the important part he was destined to play—that of Mr. Powell's judicial[1] and political successor in the colony. The time was only ten years distant when he, in his turn, was to become Chief Justice of Upper Canada. The time was still less remote when he was to succeed Chief Justice Powell as Dr. Strachan's most active colleague—as the chief lay spokesman of his party, and the chief lay adviser of successive Lieutenant-Governors. His name was John Beverley Robinson, and his destiny was doubtless sufficiently clear before him on this 20th of August, 1819. He had strong claims upon his party, for he was the son of a United Empire Loyalist, and during the late war with the United States had proved that he was no degenerate scion of the stock whence he had sprung. He had been present at the surrender of Detroit, and had borne himself gallantly at the battle of Queenston Heights. Nor had his party shown any disposition to ignore his claims. On the contrary, they had pushed him forward with a rapidity which would have turned any head with a natural tendency to giddiness. He had been appointed Attorney-General of the Province before he had been called to the bar, and when he was only twenty-one years of age—a special Act of Parliament being subsequently passed to confirm the proceeding. In 1815 he had been appointed Solicitor-General, chiefly in order that he might draw the salary incidental to that office during a two years' visit to England. Soon after his return he had again been appointed Attorney-General, and had early signalized his re-accession to office by his manner of prosecuting certain criminals from the Red River country, who had been placed on trial at York. Those proceedings do not fall within the purview of this work, but it may be said with reference to the young Attorney-General's connection with them that he had proved himself an exceedingly narrow partisan and a docile pupil of Dr. Strachan. He now presented himself to take a leading part in one of the most shameless and iniquitous prosecutions that ever disgraced a court of justice. His personal appearance was decidedly prepossessing. His figure, clad in well-fitting garments of the fashionable cut of the period, was light, agile and compact, and his face, rather inclining to narrowness, was surmounted by a high and smoothly-finished brow, beneath which looked out a pair of steel-grey eyes, the usual expression of which was eager and firm, but on the whole not unkindly. His mouth was finely formed, and when he was in a pleasant humour—as indeed he not infrequently was—his smile was sweet and ingratiating. In intellectual capacity he was considerably in advance of most of his professional brethren of that day, and he had cultivated his natural abilities by constant watchfulness and study. His features, one and all, were well and sharply defined, and he was probably the handsomest man at the Provincial bar.

Several other members of the legal profession, all of them more or less widely known in the forensic, judicial or political annals of the Province, were present. Conspicuous among them was the brilliant but unscrupulous Christoper Alexander Hagerman, who had already taken high rank at the bar, and was destined to be one of the most active and intolerant directors of the oligarchical policy. Archibald McLean, tall and lithe of limb, had then been more than four years at the bar, and he had already given evidence of the high abilities which were to gain for him an honoured seat upon the judicial bench. He had been retained to defend two prisoners at the Niagara assizes, and his presence in the court-room was due to this fact. Another figure at the barristers' table was Samuel Peters Jarvis, his hands yet red with the blood of young John Ridout, ruthlessly shed by him in a duel two years before, and never to be effaced from the tablets of his memory. There, too, sat Henry John Boulton, a young man of much pretension but mediocre intellect, who had been appointed acting Solicitor-General during the previous year, and who united in his own person all the bigotry and narrow selfishness of the faction to which he belonged. He, also, had been concerned in the shedding of young Ridout's blood, having acted as second to the surviving principal in that affair. With this exception his past life had been uneventful, but his future was fated to be marked by considerable variety of incident, and by actions which even the most favourable judgment cannot regard with unmixed complacency.

The twelve jurymen sat in their places, in the jury-box to the left of the judge. The witnesses summoned on behalf of the Crown were the Honourable William Dickson and the Honourable William Claus, both of whom were members of the Legislative Council of Upper Canada. The former gentleman was an enterprising Scotchman who had settled in Niagara while it was yet known as Newark, where he had first kept a general store, and afterwards practised law and speculation with great pecuniary success. Like the Jarvis above mentioned, he was disfigured by a red right hand, having shot his man in a duel fought in the autumn of 1808 behind the United States fort on the opposite bank of the river. It is fair to Mr. Dickson, however, to say that he was the challenged party, and that the duel was in a measure forced upon him by the barbarous usages of society in those (happily) far-off days. The other witness, Mr. Claus, was at the head of the Indian department at Niagara, the abuses in the administration whereof were notorious. It was well understood throughout the district that Dickson and Claus between them had contrived to make a tolerably good thing out of the Indians, and that they had been concerned in some decidedly shady transactions. If it be true that Heaven helps those who help themselves, certainly both those gentlemen were entitled to look for divine assistance. They possessed and exercised a wide influence throughout the settlements in the Niagara peninsula, as well as at the Provincial capital, and were commonly regarded as being on the high road to great wealth. Two years before the date of the trial forming the subject of the present chapter, Dickson had purchased the whole of the splendid township of Dumfries, comprising 94,305 acres, at a trifle over a dollar an acre; and he had already begun to realize upon his investment. Claus and he occupied seats at the barristers' table, in close proximity to the Attorney-General. The spectators included pretty nearly every prominent resident of the town of Niagara and its immediate neighbourhood.

But the most conspicuous figure in that crowded court-room yet remains to be considered. It has been mentioned that the prisoners' dock was large enough to hold five or six persons. On this occasion it held but a single, solitary prisoner. A man large and

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