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
Generally speaking, the Tory vote in the capital had been largely in
excess of that polled by the Reformers. That it was not so in the spring
of 1834 was due in no small degree to public indignation at the unfair
treatment to which Mackenzie had been subjected. Persons who had never
recorded a Reform vote before now came forward to support candidates who
were known to be strong Reformers. It was not so much that these persons
sympathized with Mackenzie, who was by many of them held in detestation
and abhorrence; but they felt that gross injustice had been done,
against which it behooved them to record their formal protest. The
result was that the sanguine calculations of the Tories were altogether
falsified, and that a majority of Reform candidates were returned to the
first Council of the City of Toronto. Among the latter were Mackenzie
himself, who was elected as one of the aldermen for St. David's Ward,
and John Rolph, who was elected for the Ward of St. Patrick.
A few words of explanation are necessary in this place with regard to
Mr. Rolph. It will be remembered that he and the two Baldwins had
divested themselves of their gowns during the progress of the Willis
dispute, and had declined to transact any further business in a court
which they believed to be illegally constituted.[181] They did not again
present themselves before the court during Term until after the decision
of the Privy Council had set their minds at rest on the subject. There
was no longer anything to prevent them from resuming their practice. The
Baldwins did so, and Rolph for a time followed their example, albeit in
a half-hearted manner. He had long been profoundly disgusted with the
partiality displayed by the judges, and by their complete subserviency
to the wishes of the Executive, as expressed by their forensic
mouthpiece, Attorney-General Robinson. On account, as he believed, of
his political opinions, he had been forced to contend against the
persistent hostility of the judiciary. His triumphs at the bar had been
won by reason of his power over juries, and in spite of one-sided
charges from the bench. Of the understanding and judicial integrity of
Mr. Sherwood he had formed a very low estimate. Hagerman, who
temporarily succeeded Judge Willis, was an abler man, but his political
feelings were so strong that Rolph would not imperil the interests of
his clients by appearing before him. Upon the accession of
Attorney-General Robinson to the bench the state of affairs from Rolph's
point of view was not much improved. Mr. Robinson and he had so long
fought each other at the bar and on the floor of the Assembly that they
had come to regard each other as personal enemies. Rolph, rightly or
wrongly, came to the conclusion that he could no longer hope to obtain
any measure of justice. The necessary consequence of such a conclusion
was a resolve to abandon the practice of law, and to resume that of
medicine, which latter, indeed, he had never wholly abandoned. This
Public-domain text, read in full here on John Shaqi.
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