The Story of the Upper Canadian Rebellion, Volume 1Dent, John Charles
History
The Story of the Upper Canadian Rebellion, Volume 1
Dent, John Charles
Canada -- History -- Rebellion, 1837-1838; Ontario -- Politics and government
Lieutenant-Governor, in accordance with an intimation previously given,
prorogued the Legislature on the 25th of March--they had been committed
on the 22nd--and the power of the Assembly to commit did not extend
beyond the time when it was actually in session.
Colonels Coffin and Givins carried out their threat, and sued the
Speaker for damages for false imprisonment. The right of the Assembly to
commit for contempt was however a matter too well established, and was
confirmed by the Court of King's Bench in another cause then pending. So
that the Adjutant-General of Militia and the Superintendent of Indian
Affairs, in addition to their respective bills of costs, had their three
days' imprisonment as a reward for their fealty to Sir Peregrine
Maitland, and for their disloyalty to the Canadian people.
Sir Peregrine appears to have felt a little dubious as to how his
proceedings would be regarded at the Home Office. It was quite certain
that the Colonial Secretary would hear of the affair, but that
dignitary's approval was open to question. It would at all events be
well that the official mind should receive its first impression on the
subject from Sir Peregrine himself, who accordingly lost no time in
sending over his own version of the transaction. His despatch, which
bears internal evidence of having been written or revised by
Attorney-General Robinson, is dated the 29th of March--the fourth day
after the prorogation. Under the pretext of asking for advice as to how
he should act in the future in case of any of the officials being
summoned before Parliamentary committees without any notification having
been made to himself, he recounts the story of the Niagara Falls
outrage. His narrative, it is almost needless to say, is from first to
last garbled and one-sided. Forsyth is referred to therein as "a person
notoriously of indifferent character;" and the Assembly and its
committees are maligned in language highly improper to be employed in a
confidential communication from the Lieutenant-Governor of a colony to
his superiors at home.[95] The Colonial Secretary, however, was shrewd
enough to penetrate the veil of misrepresentation in which the despatch
was enveloped, and to arrive at a pretty just appreciation of the merits
of the case. He officially expressed his opinion that there had been
adequate grounds for inquiry by the Assembly. "I cannot but consider,"
he wrote, "that Sir Peregrine Maitland would have exercised a sounder
discretion had he permitted the officers to appear before the Assembly;
and I regret that he did not accomplish the object he had in view in
preventing Forsyth's encroachments by means of the civil power, which is
said to have been at hand, rather than by calling in military aid." This
despatch, however, was written, not to Sir Peregrine Maitland himself,
but to his successor, Sir John Colborne. The Forsyth case, coming, as
it did, in the wake of other ill-advised proceedings on the part of Sir
Public-domain text, read in full here on John Shaqi.
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