Permit me to express on behalf of the members of this generation of the
family to which the former Attorney-General Macdonell belonged, my warm
appreciation of the honour which was done to that gentleman's memory, by
the invitation which in terms so generous and complimentary and so
appreciative of his services, was extended to me as the representative
of his family, to be present on this most interesting occasion as the
special guest of your Committee.
We are assembled here to-day to commemorate the Centennial Anniversary
of the death of Sir Isaac Brock, to give evidence that we Canadians hold
in grateful remembrance the inestimable services which he rendered to
our country, and to record it as our firm and solemn conviction that it
is to that illustrious man of glorious memory we owe the preservation of
this country, our connection with the Motherland and those British
institutions which it is our happiness now to enjoy.
It was indeed a privilege for any man to have served under Sir Isaac
Brock, to have been in any way associated with him, and more especially
to have been placed in a position whereby he was enabled to second his
indomitable efforts. It was the good fortune of Attorney-General
Macdonell to have been associated with him in a threefold capacity.
First he was connected with him by the most intimate ties of private
friendship, for there existed between them the most perfect confidence
and a mutual regard, amounting, as is frequently the case with men of
generous impulse, to personal affection. Then as Attorney-General of the
Province and chief law adviser of the Crown, he was the trusted legal
adviser of General Brock in his capacity of President of the Council of
the Province, and although but a young man he was equal to the
exigencies of that critical period.
Upon the declaration of war, the House of Assembly was hastily convened
in extra session on the 27th July, when General Brock, in the Speech
from the Throne, made use of those ever-memorable words: "We are engaged
in an awful and eventful contest. By unanimity and despatch in our
councils and by vigour in our operations we will teach the enemy this
lesson: that a country defended by free men, enthusiastically devoted to
the cause of their King and Constitution, can never be conquered." But
the House proved recalcitrant, and refused to comply with Brock's
request to suspend the Habeas Corpus Act. It was the Attorney-General
who solved the difficulty by giving it as his legal opinion that
Major-General Brock, as Administrator of the Province, under the
authority of his Commission from the King, had the power to dissolve the
House and proclaim martial law, and that under the circumstances it was
his duty to do so. This opinion was concurred in by his colleagues in
the Government, and, accordingly, the Government as such tendered it as
their unanimous advice to the Administrator, who immediately acted upon
it, and thereby saved the country.
Public-domain text, read in full here on John Shaqi.
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