Canada under British Rule 1760-1900Bourinot, John George
History
Canada under British Rule 1760-1900
Bourinot, John George
Canada -- History
This unjust sentence created wide-spread indignation among all
right-thinking people, especially as it followed a message of the
lieutenant-governor to the legislature, that he did not feel justified
in extending the grants of land, made to actors in the war of 1812-15,
to "any of the inhabitants who composed the late convention of
delegates, the proceedings of which were very properly subjected to your
very severe animadversion" This undoubtedly illegal action of the
lieutenant-governor only escaped the censure of the assembly by the
casting vote of the speaker, but was naturally justified in the
legislative council where Chief Justice Powell presided. Gourlay became
a martyr in the opinion of a large body of people, and a Reform party
began to grow up in the country. The man himself disappeared for years
from Canadian history, and did not return to the province until 1856,
after a chequered and unhappy career in Great Britain and the United
States. The assembly of the United Canadas in 1842 declared his arrest
to be "unjust and illegal," and his sentence "null and void," and he was
offered a pension as some compensation for the injuries he had received;
but he refused it unless it was accompanied by an official declaration
of the illegality of the conviction and its elision from the records of
the courts. The Canadian government thought he should be satisfied with
the action of the assembly and the offer of the pension. Gourlay died
abroad, and his daughters on his death received the money which he
rejected with the obstinacy so characteristic of his life.
During these days of struggle we find most prominent among the official
class Attorney-General Robinson, afterwards chief justice of Upper
Canada for many years. He was the son of a Virginian Loyalist, and a
Tory of extreme views, calm, polished, and judicial in his demeanour.
But whatever his opinions on the questions of the day he was too
discreet a politician and too honest a judge ever to have descended to
such a travesty of justice as had been shown by his predecessor in the
case of Gourlay. His influence, however was never in the direction of
liberal measures. He opposed responsible government and the union of the
two provinces, both when proposed unsuccessfully in 1822, and when
carried in Upper Canada eighteen years later.
Public-domain text, read in full here on John Shaqi.
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