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"Whose Servant I Am " 



Speakers of the 

Assemblies of the Provinces of 

Upper Canada, Canada and Ontario, 1792-1992 



Clare A. Dale 




iToronto 

)ntario Legislative Library 
[1992 



Canadian Cataloguing in Publication Data 

Dale, Clare A., 1964- 

"Whose servant I am" : speakers of the assemblies of the provinces of 
Upper Canada, Canada and Ontario, 1792-1992 

Includes bibliographical references. 
ISBN 0-7729-9343-2 

1. Ontario. Legislative Assembly—Speaker— History. 2. Upper Canada. 
Legislature. House of Assembly— Speaker— History. 3. Canada. Legislature. 
Legislative Assembly— Speaker— History. 4. Legislative bodies— Ontario- 
Presiding officer. I. Ontario. Legislative Library. II. Title. III. Title: 
Speakers of the assemblies of the provinces of Upper Canada, Canada and 
Ontario, 1792-1992. 

JL274.S65D34 1992 328.713*0762 C92-092524-3 



Cover: "The First Legislature of Upper Canada," by Frederick S. Challener 
based on a watercolour sketch by Charles W. Jefferys. (The Ontario Art 
Collection.) Photo: Thomas Moore Photography Inc. 

Cette publication existe 6galement en frangais sous le titre : «Dontje suis le 
serviteur» : les presidents des assemblies des provinces du Haut-Canada, du 
Canada et de I 'Ontario de 1792 d 1992. 

Errata, page 330. 



® 



"Whose Servant I Am" 

Contents 

Foreword i 

Introduction iv 

The House of Assembly of the Province of Upper Canada, 1792-1841 

John McDonell (Aberchalder) 1 

David William Smith 8 

Samuel Street 17 

Richard Beasley 27 

Alexander McDonell (Collachie) 34 

Allan McLean 41 

Levius Peters Sherwood 49 

John Willson -. 56 

Marshall Spring Bidwell 62 

Archibald McLean 69 

Allan Napier MacNab 77 

Henry Ruttan 85 

The Legislative Assembly of the Province of Canada, 1841-1867 

Austin (Augustin) Cuvillier 91 
Allan Napier MacNab (Photograph only) 

Augustin-Norbert Morin 98 

John Sandfield Macdonald 106 

Louis-Victor Sicotte 114 

Henry Smith, Jr. 120 

Joseph-Edouard Turcotte 127 

Lewis Wallbridge 131 



I 



'Whose Servant I Am' 



The Legislative Assembly of the Province of Ontario, 1867-1992 

John Stevenson 136 

Richard William Scott 142 

James George Currie 151 

Rupert Mearse Wells 156 

Charles Kirk Clarke 161 

Jacob Baxter 167 

Thomas Ballantyne 172 

William Douglas Balfour 177 

Francis Eugene Alfred Evanturel 184 

William Andrew Charlton 189 

Joseph Wesley St. John 195 

Thomas Crawford 199 

William Henry Hoyle 204 

David Jamieson 208 

Nelson Parliament 213 

Joseph Elijah Thompson 218 

William David Black 222 

Thomas Ashmore Kidd 227 

Norman Otto Hipel 233 

James Howard Clark 237 

William James Stewart 242 

James de Congalton Hepburn 248 

Myrddyn Cooke Davies 253 

Alfred Wallace Downer 257 

William Murdoch 261 

Donald Hugo Morrow 266 

Frederick Mcintosh Cass 270 

Allan Edward Reuter 276 

Russell Daniel Rowe 282 

John Edward "Jack" Stokes 288 

John Melville Turner 293 

Hugh Alden Edighoffer 298 

David William Warner 304 

Appendices: Speakers of the Legislative Council 309 
of the Province of Upper Canada, 
1792-1841, and the Province of Canada, 
1841-1867 

Bibliography 311 

Index 332 



"Wiose Servant I Am' 



Foreword 



This reference work features biographical sketches and portraits of the 
Speakers of the Assemblies of the Province of Upper Canada (1792-1841), 
the Province of Canada (1841-1867) and the Province of Ontario (1867- 
1992). During the past two hundred years, 52 persons have served in the 
important post of Speaker, 12 of them during the period of Upper Canada, 
eight during the period of the united Canada (including Sir Allan Napier 
MacNab who also had served during the earlier period), and 33 after 
Confederation in 1867 when the present Province of Ontario was created. 

The office of the Speaker dates back to 1377, when the first Speaker of the 
British Parliament was appointed. However, it was several centuries before 
the Speaker attained the position of independence which the occupant of the 
office holds today. In the early days, the principal ftmction of the Speaker 
was to act as the spokesperson of the House of Commons and to 
communicate its resolutions to the King. In the era of monarchical 
government, this sometimes proved to be a dangerous responsibility ~ at 
least nine Speakers are known to have died violently at the hands of their 
political enemies. 

By Tudor times in the 16th century, however, the Speaker had become a 
royal instrument responsible for the management of the Crown's business in 
the House. He frequently held high office under the Crown in addition to 
the Speakership. It has been argued that the practice of the British House of 
Commons and many other parliaments (including the Ontario Legislature), 
whereby the Speaker leaves the Chair when the House resolves itself into 
Committee of the Whole, dates back to this period. Then as now, the 
Commons enjoyed greater freedom of debate when the Speaker was not in 
the Chair and in a position to manipulate procedure on the Crown's behalf. 

The independence of the Speaker first emerged as a fundamental principle of 
the office during the struggle for power between the Commons and the 
Crown under Charles I. It was Charles' armed entry into the House in 1642, 
demanding the surrender of five MPs on treason charges, that provoked 
Speaker William Lenthall's famous defence of his office. Falling to his 
knees before his King, Lenthall declared his reftisal to give up the Members 
in these words: "May it please your Majesty, I have neither eyes to see, nor 
tongue to speak in this place, but as the House is pleased to direct me, \^hose 
servant I am here, and I humbly beg your Majesty's pardon that I cannot 



"Whose Servant I Am" 



give any other answer than this to what Your Majesty is pleased to demand 
of me." The Members fled and the King was forced to leave empty handed. 

After this epic occasion, attempts by the Crown to interfere with the 
appointment and conduct of the Speaker rarely met with success. For 
example, when, in 1679, Charles II refused to approve the Commons' 
selection of Sir Edward Seymour as Speaker, he failed to secure the election 
of his own candidate and was compelled to compromise with the House on 
a third choice. 

By the 18th century, the threat to the Speaker's independence no longer came 
from the Crown, but from party government. The office became a prize to 
be bestowed on one of its supporters by the government controlling a 
majority of parliamentary seats. It was often combined with ministerial 
office. The independence of the Speakership took a giant step forward with 
the election of Speaker Arthur Onslow to the Chair in 1728. The greatest 
Speaker of the 18th century, Onslow resigned from the office of Treasurer i 
of the Navy, which was regarded as a perquisite of the Speakership, when ' 
he acceded to the Chair. During his 33 years as Speaker he set standards of 
impartiality and independence which were not achieved again for a century. 
It was not until 1841, when the Liberal Speaker Charles Shaw-Leffevre was 
re-elected to the Chair by a House controlled by the Conservatives, that the 
nonpartisanship of the office was decisively established in the British House 
of Commons. 

Representative legislatures were established by the British and took root in 
their North American colonies during the 18th century, before Westminster 
had agreed that a nonpartisan Speaker was a settled principle of 
parliamentary government. As the introduction indicates, the office of the 
Speaker in the provinces of Upper Canada, Canada and Ontario has been 
engaged in its own evolution towards independence and nonpartisanship; in 
fact, changes were made to the office as recently as 1989. 

This book is one of several publications issued by the Legislative Library to 
mark the 200th anniversary of the first session of the first Parliament of 
Upper Canada which took place at Newark (now Niagara-on-the-Lake) on 
17 September 1792. 

I would like to express appreciation to Colonel Jean Dor6, Gentleman Usher I 
of the Black Rod of the Senate of Canada, and to the Honourable John j 
Fraser, Speaker of the House of Commons of Canada, for permission to 



"Whose Servant I Am' 



reproduce copies of pre-Confederation portraits in their possession, and to 
the National Archives of Canada for making available colour transparencies 
of these portraits. I also appreciate the co-operation of Fern Bayer, Chief 
Curator of the Ontario Government Art Collection, for making available 
colour transparencies of post-Confederation Speakers. 

I would also like to acknowledge the work of the author, Clare Dale, a 
former student employee of the Legislative Research Service of the 
Legislative Library and now a doctoral candidate in history at the University 
of Toronto, whose dedication and diligent research have made possible this 
collection of biographies. Her book will be of special interest to historians, 
politicians, political scientists and others interested in learning more about an 
important part of our parliamentary heritage. 



R.B. Land 
Executive Director 
Ontario Legislative Library 



Ul 



"Whose Servant I Am' 



Introduction 

The history of the Speakership in Ontario owes much of its ideological and 
procedural heritage to its ancient British precursor. The earliest years of the 
Speakership - those of the Upper Canadian period of 1792-1841 - coincide 
with the years in which the British Speakership made great strides towards 
independence and nonpartisanship. However, subtle differences evolved 
between the election of Speakers in Westminster and in Upper Canada. In 
the British House of Commons, election to the Speakership was a formality 
of procedure, with agreement upon the proposed candidate made between the 
government and the opposition parties prior to the vote in the Commons. 
In the colony, however, the election of the Speaker sometimes occasioned 
heated debates and the need to propose several candidates before one attained 
a simple majority. 

The union of the Canadas in 1840 ushered in a new era in provincial politics 
which directly affected the Speaker. Political divisions were becoming more 
apparent during this period and partisan groups sought to influence the choice 
of Speaker. This same era, however, also witnessed events that would 
clearly distinguish the colonial Speakership from its British counterpart. 
Between the opening of the first Assembly of the Province of Canada in 1841 
and Confederation in 1867, the Assembly alternated between Speakers of 
English and French Canadian origin. Although this practice reflected the 
regional and cultural diversity of the Union of Upper and Lower Canada, it 
was motivated by political expediency rather than social harmony. Indeed, 
the election of the first Francophone speaker, Austin Cuvillier, to the Chair 
in 1841 angered many Anglophone Members of the Assembly, who were 
concerned not so much with the new Speaker's anti-Union sentiments as with 
his origins. Language and culture thus combined with partisan issues to 
create a Speakership tihat, while rooted in the British tradition, was evolving 
in a distinctly Canadian manner. 

From Confederation until the mid-1970s, when the reports of the Camp 
Commission were implemented, the Speakership did not enjoy the reputation 
for independence and impartiality it has come to earn. No doubt this is 
because Ontario experienced long periods of one party rule and the 
goverimient of the day almost invariably regarded the Speakership as a gift 
to be bestowed on one of its supporters. However, it must be pointed out 
that the comparatively modest status of the Speaker reflected that of the 
Assembly itself. The Assembly sat for only a few months ~ sometimes only 
a few weeks ~ in a year; the volume of government business was moderate 



"Whose Servant I Am" 



and MPPs served on a part-time basis. In that period few MPPs objected to 
the status of the Speakership. 

In the 1970s, the Ontario Commission on the Legislature, more commonly 
known as the Camp Commission, examined the nature of the Assembly and 
the role of the individual Member in its administrative and political functions. 
The Commission's second report recommended the creation of the Office of 
the Assembly, of which the Speaker would act as Chief Administrative 
Officer and be responsible for the Assembly's staff and physical 
environment. The Commission maintained that such a step would strengthen 
the Speakership which had until that time depended on the Ministry of 
Government Services for financial and administrative operations. On 1 April 
1974 the Commission's recommendations were implemented, creating the 
Office of the Assembly and paving the way for an independent and impartial 
Speakership in Ontario. 

The Ontario Legislature has retained traditions attending the office of the 
Speaker of its Assembly. The black robe and tricorn hat, the dais on which 
the Chair rests, and the procession which the Speaker leads into the Chamber 
to inaugurate the day's sitting all reflect the prestige, authority and 
parliamentary heritage of the office. Another tradition is observed in the 
way that the Speaker acknowledges his election. Since the first provincial 
parliament in 1867, most Speakers of the Ontario Legislative Assembly have 
recited the following speech in the presence of the Lieutenant Governor and 
all of the Assembly's Members: 

The Legislative Assembly have elected 
me as their Speaker, though I am but 
little able to fulfil the important duties 
thus assigned to me. 

If, in the performance of those duties, I 
should at any time fall into error, I pray 
that the fault may be imputed to me, and 
not to the Assembly, whose servant I 
am, and who, through me, the better to 
enable them to discharge their duty to 
their Queen and country, hereby humbly 
claim all their undoubted rights and 
privileges, especially that they may have 
freedom of speech in their debates. 



"Whose Servant I Am" 



access to your Excellency's person at all 
seasonable times, and that their 
proceedings may receive from your 
Excellency the most favourable 
consideration. 

Reminiscent of the remark made by Speaker William Lenthall of 
Westminster in 1642, this address clearly reveals Ontario's links with the 
tradition of the British House of Commons. 

More recent changes have also affected the Ontario Speakership. On 25 
July 1989, the Standing Orders of the Assembly — the rules governing 
the conduct of the Members and parliamentary procedure within the 
Chamber ~ were amended. These new orders provided for the election 
of the Speaker by secret ballot and stipulated that the Speaker's rulings 
could no longer be appealed. 

This book contains a photographic reproduction of each Speaker's 
portrait where such a portrait exists. For the pre-Confederation period, 
the vast majority were created by a French Canadian artist, Th^phile 
Hamel (1817-1870). Appointed official portrait painter to the Province 
of Canada in 1853, Hamel claimed a large cross-section of society among 
his clientele, including prominent politicians, religious leaders and 
businessmen. Influenced by the style of Titian, Hamel captured both the 
individualism and political stature of the pre-Confederation Speakers in 
his colourful portraits. 

After Confederation in 1867, the provincial legislature did not continue 
its predecessor's tradition of preserving its Speakers in portraiture. 
However, in the early years of the twentieth century, when the program 
to beautify the new Parliament Buildings at Queen's Park was reaching 
its zenith. Premier A.S. Hardy commissioned paintings of many of the 
Province's "heroes," including the men who had presided over the 
legislative chamber since Confederation. Since that time, many artists 
have lent their talents to the creation of portraits of post-Confederation 
Speakers. Of this select group, three artists merit specific mention. 
John Wycliffe Lowes Forster (1850-1938) painted the portraits of 
Speakers Ballantyne, Baxter, Clarke and Crawford; Amelia Margaret 
Mildred Peel (1856-1920) painted posthumous portraits of Speakers 
Currie, Balfour and Evanturel; and Sir Edmund Wyly Grier (1862-1957) 
captured Speakers Jamieson, Thompson and Black on canvas. 



"V^ose Servant I Am" 



Finally, many people have assisted in the production of this book and for 
their help I am thankful. I am grateful to Cynthia Smith, Director of the 
Legislative Research Service, for giving me the opportunity to undertake 
this interesting project. I am also indebted to Kathleen Finlay, the author 
of Speakers of the Legislative Assembly of Ontario, 1867 1984, and to 
the work of reference librarian Debra Forman for providing me with a 
solid base on which to begin research on the post-Confederation period. 

I have had the good fortune to have been aided by the staffs of several 
libraries and archives. The staff of the Baldwin Room of the 
Metropolitan Toronto Reference Library and of the City of Toronto 
Archives at City Hall were both knowledgeable and helpful. Both Sarah 
Montgomery of the National Archives of Canada and George F. 
Henderson, Assistant Archivist (Public Service) of the Queen's 
University Archives in Kingston were instrumental in helping me to 
locate important primary material. Leon S. Wormski, Senior General 
Reference Archivist (Public Service Section) of the Archives of Ontario 
was of great assistance in sorting through the Province's innumerable 
collections of private and public correspondence. Professor Wallace 
MacLeod of Victoria College, University of Toronto, was of great help 
in uncovering several valuable sources. Also, the research assistance of 
summer students Biagio DiClemente and Ken Morrow on the post- 
Confederation section of this book cannot go unacknowledged. The staff 
of the Legislative Research Service, particularly Elaine Campbell, David 
Pond, Merike Himel, Edward Israel, Sarah King, Heather Klassen, Anna 
Tsaparis, and Linda Lazda went beyond what can be reasonably expected 
by a colleague in assistance with the production and editing of this 
manuscript. Finally, to historian Edgar-Andr^ Montigny, I owe an 
invaluable debt. His careftil reading and constructive comments on the 
pre-Confederation section of the book were immensely helpful and are 
greatly appreciated. 



Clare A. Dale 
February 1992 



vu 



John McDonell (Aberchalder) 



JOHN McDONELL (ABERCHALDER) 

John McDonell, the first Speaker of the Legislative Assembly of Upper 
Canada, was born in Scotland around 1758/ He was educated at Fochabers 
in the county of Elgin. In 1773, he led one of the first major migrations 
from Scotland to North America. This particular group of Highlanders 
emigrated to the Thirteen Colonies and settled on Sir William Johnson's 
Mohawk Valley estate.^ Shortly thereafter, he began an association with the 
militia that would span most of his life.^ 

On 14 June 1775, McDonell received a commission as Ensign (or Subaltern) 
with the Royal Highland Emigrant Regiment.'* He served with this regiment 
both on garrison duty in Quebec during the siege of 1775-1776 and on active 
duty in the Mohawk Valley throughout the remainder of the American 
Revolutionary War.^ By April 1778, McDonell had made great strides in 
his military career: he had been promoted to the rank of lieutenant and was 
ninth in order of seniority in the regiment. Nevertheless, growing 
disaffection with garrison duty and a chance meeting with Walter Butler 
prompted him to seek permission to join Butler's recently organized corps of 
rangers. In August of 1778, McDonell transferred to Butler's Rangers with 
a captain's commission.** The Rangers had been raised to serve in 
conjunction with the Indian warriors fighting American revolutionaries. The 
young McDonell became acquainted not only with Indian languages and 
customs, but also with one of the most famous Native leaders of the period, 
Joseph Brant.^ When Butler's Rangers disbanded in 1784, McDonell was 
allotted 3,0(X) acres of land in Luneburg District and retired at half-pay.* 

The details of the years between McDonell's retirement from the Rangers 
and his entrance into the Legislative Assembly are, at times, sketchy. But 
some observations can be made. As the representative for Township No. 3 
in the county of Glengarry (Osnabruck, Ont.), he was a signatory to the 
petition of western Loyalists, dated April 1787. The document asked for aid 
for the Church of Scotland and the Church of England; it called for the 
establishment of district schools and the implementation of a system of land 
grants and, finally, it requested that tenure not be biased in favour of those 
individuals on active militia duty.' On 24 July 1788, McDonell acquired an 
administrative post, becoming Justice of the Peace for the Luneburg 
District.'" His appointment to this important office signalled the beginning 
of McDonell's career in public service and his acceptance into the ruling 
elite." In September of the same year, he was appointed a member of a 
five-man council created "to examine into the loyalty and character of such 



John McDonell (Aberchalder) 



persons as may come in and apply for land in the District of Luneburg."^^ 
The creation of a Land Lot Board for the Luneburg District followed in 

1789. McDonell was appointed to this committee as well as to similar bodies 
that were created in the counties of Glengarry and Stormont. It is likely that 
he served on these boards until their abolition in 1794.*' 

Still, McDonell's administrative duties encompassed more than the allocation 
of land. In addition to his other responsibilities, he was one of the original 
magistrates appointed to the District Court of Quarter Sessions and, in May 

1790, he took his father's place in the Court of Common Pleas for the 
District of Luneburg.*'* The Quarter Sessions record books for 1791-1792 
show that he attended sessions of this court in January and June of 1791 but 
was absent from those held in 1793, most likely due to the meeting of the 
Assembly at Newark.*^ 

During the years before his election to the Assembly, McDonell made great 
strides on the political front. His aforementioned appointments to county and 
district administrative bodies were indications of his prominence among the 
Scottish community of Upper Canada. His political influence extended 
beyond the arena of district politics, however, and in March of 1790 Lord 
Dorchester nominated him for membership in the Executive Council. 
McDonell was not appointed to the Executive Council at the time, as 
membership was eventually limited to only five members.*^ Nevertheless, 
he still played an important role in the early political life of Upper Canada. 
In 1792, he was elected as a representative for the county of Glengarry, 
apparently without opposition.*^ His brother Hugh was elected as the 
second member for Glengarry. It has been noted that the McDonells were 
typical of the men elected to the first Assembly: eight out of the 17 men 
elected were retired, half-pay Loyalist militia officers of Scottish ancestry.** 

When the new Assembly met at Newark in 1792, McDonell was 
unanimously elected its Speaker.*' He took the Chair on 17 September and 
held the office until the dissolution of the Assembly in 1796. The Journals 
for the years 1795 and 1796 are not known to be extant. Nevertheless, it is 
possible to make some observations about McDonell's tenure as Speaker. 
The business of the first parliament of Upper Canada largely concerned the 
establishment or inauguration of various legal, social and economic 
institutions within the province. For example, several of the bills which 
came before the House dealt with the question of raising provincial 
revenues.^ Thus, legislation which provided for the levying of duties on 
imported liquors, retailers of liquor, and goods sold at public auction were 



John McDonell (Aberchalder) 



all discussed during this first parliament.^^ In addition, a bill to establish 
trial by jury was passed during the first session.^ During the Assembly's 
second session, the question of establishing a political and commercial 
relationship with Lower Canada was addressed, but not resolved.^ 
Furthermore, a bill "to prevent the further introduction of Slaves, and to 
limit the term of contracts for Servitude within this Province" was 
introduced. This issue, however, was not resolved until 1800.^ When the 
question of slaves was finally put to the House during the following 
parliament, McDonell voted against a bill that allowed persons emigrating to 
the province to bring their slaves. 

Also during his term in the Chair, Speaker McDonell presided over debates 
concerning an issue that would have been familiar to him: the House 
discussed a bill granting the recently-appointed County Lieutenants total 
responsibility for their respective militias.^ McDonell had himself been 
among those appointed to a Lieutenancy, his being for the county of 
Glengarry. He held this position until its abolition some years later.^ It 
has been suggested that Lieutenant-Governor Simcoe developed the concept 
of the Lieutenancy in order to provide the province with its own 
* aristocracy.' In reality, a Lieutenancy was a purely military office related 
"merely to the enlisting, completing and assembling of the militia. "^^ The 
threat of war with France and the passage of the Militia Bill only served to 
reinforce the authority of the County Lieutenants such as Speaker McDonell. 

McDonell's involvement with the provincial militia was not limited to his 
execution of the post of County Lieutenant. He was also given command of 
the Second Battalion of the Royal Canadian Volunteers in 1794. With this 
command came a promotion to the rank of major. ^* Two years later, 
McDonell was involved in the formation of the first corps raised in Upper 
Canada, the Royal Canadian Volunteer Regiment of Foot. He commanded 
its Second Battalion.^ 

John McDonell was re-elected to the second parliament of Upper Canada in 
1796; he was one of only two members to sit in both the first and second 
Assemblies,^ It seems, however, that his attendance during the second 
parliament was sporadic. Yet here McDonell had plenty of company. The 
Journals of the Assembly for this period show that several members regularly 
failed to attend the sessions. Indeed, this absenteeism resulted in the frequent 
adjournment of the House due to a lack of a quorum. In order to remedy the 
problem, a motion was carried instructing letters to be written requesting the 
attendance of absentee members. McDonell was one of the six members 



John McDonell (Aberchalder) 

who failed to respond to this written request.^' It is likely that his 
involvement with the provincial militia kept him from attending most of the 
sessions of the second parliament as he was on garrison duty at Fort George 
during this period.^^ Nevertheless, he was present in the House on a small 
number of occasions and did participate in the debate on the slavery question. 
He was one of the eight members to vote against the passage of the 
legislation.^^ 

McDonell did not return to the Legislative Assembly in 1801, having decided 
instead to accept command of the Royal Canadian Volunteer Regiment 
garrisoned at Fort George.^ In 1802, failing health and declining wealth 
forced McDonell to retire to his residence at Stone-House Point. Over the 
next five years, his involvement with both politics and the militia declined 
and it appears that his appointment in 1807 to the post of paymaster of the 
Tenth Royal Veteran Battalion was made solely on the grounds of financial 
need.^^ John McDonell, one of the last military politicians of Upper 
Canada and the first Speaker of the Legislative Assembly, died 21 November 
1809 in Quebec City while on garrison duty. 



Notes 



^John Graham Harkness, Stormont, Dundas and Glengarry: A History, 
1784-1945 (Ottawa: Mutual Press Ltd., 1946), p. 66; J. K. Johnson, 
Becoming Prominent: Regional Leadership in Upper Canada, 1791-1841 
(Montreal: McGill-Queen's University Press, 1989), p. 209; and "John 
McDonell (Aberchalder)," Dictionary of Canadian Biography, vol. 5 
(Toronto: University of Toronto Press, 1983), p. 517. 

^Earle Thomas, Sir John Johnson: Loyalist Baronet (Toronto: Dundurn 
Press, 1986), pp. 50, 63; and Dictionary of Canadian Biography, vol. 5, p. 
517. 

^C. C. James, "The First Legislators of Upper Canada," Transactions of the 
Royal Historical Society of Canada, 2nd Series, vol. VIII (1902-1903): 100. 

^Harkness, Stormont, Dundas and Glengarry, p. 66. 



John McDonell (Aberchalder) 

^E.A. Cruikshank, "A Memoir of Lieutenant-Colonel John Macdonell, of 
Glengarry House, the First Speaker of the Legislative Assembly of Upper 
Canada," Ontario Historical Society Papers, vol. XXII (1925): 25-26; and 
J. A. Macdonell, Sketches Illustrating the Early Settlement and History of 
Glengarry in Canada (Montreal: Wm. Foster, Brown and Co., 1893), p. 
83. 

*E. A. Cruikshank, Butler's Rangers: The Revolutionary Period (Welland, 
Ont.: Tribune Printing House for the Lundy's Lane Historical Society, 
1893), pp. 52-53; James, "The First Legislators of Upper Canada," p. 100; 
Johnson, Becoming Prominent, p. 209; and Harkness, Stormont, Dundas and 
Glengarry, p. 66. 

'See: Cruikshank, "A Memoir," pp. 27-37. 

"Harkness, Stormont, Dundas and Glengarry, p. 66. 

'Cruikshank, "A Memoir," pp. 39-40; and Dictionary of Canadian 
Biography, vol. 5, p. 517. 

'"Johnson, Becoming Prominent, p. 209. 

"In his book. Patrons, Clients, Brokers: Ontario Society and Politics, S. R. 
J. Noel notes that "Justices of the Peace were not simply local judicial 
officers but also [were] agents of the central government who exercised an 
important administrative and supervisory role in the community. " 

See: S. R. J. Noel, Patrons, Clients, Brokers: Ontario Society and Politics, 
1791-1896 (Toronto: University of Toronto Press, 1990), p. 49; and 
Johnson, Becoming Prominent, pp. 61, 66. 

'^Macdonell, Sketches, p. 161. 

'^Cruikshank, "A Memoir," pp. 40-41. 

'^Macdonell, Sketches, pp. 74-75; Johnson, Becoming Prominent, p. 209; and 
Dictionary of Canadian Biography, vol. 5, p. 518. 

"Macdonell, Sketches, p. 75; and Cruikshank, "A Memoir," p. 40. 



John McDonell (Aberchalder) 

^^Lord Dorchester to W. W. Grenville, letter, 15 March 1790 as quoted in 
Cruikshank, "A Memoir," p. 42. 

^Ibid., p. 43. 

^^Johnson, Becoming Prominent, p. 124. 

^^pper Canada, House of Assembly, "Journals of the House of Assembly," 
1st Session, 1st Parliament, in Sixth Report of the Bureau of Archives for the 
Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1911), p. 1; and Macdonell, Sketches, p. 89. 

^pper Canada, House of Assembly, "Journals of the House of Assembly," 
1st Session, 1st Parliament, pp. 8-9; idem, "Journals of the House of 
Assembly," 2nd Session, 1st Parliament, in Sixth Report of the Bureau of 
Archives, p. 23; and idem, "Journals of the House of Assembly," 3rd 
Session, 1st Parliament, in ibid., pp. 48-49. 

^^Upper Canada, House of Assembly, "Journals of the House of Assembly," 
1st Session, 1st Parliament, in Sixth Report of the Bureau of Archives, pp. 
10, 11, 13, 15. 

^Ibid., pp. 5, 6, 7, 8, 14, 17. 

^Idem, "Journals of the House of Assembly," 2nd Session, 1st Parliament, 
in Sixth Report of the Bureau of Archives, pp. 30, 32, 38. 



^Ibid., pp. 33, 35, 38; and Cruikshank, "A Memoir," p. 43. 

^Ibid., pp. 23-24, 30, 35, 39. See also: J. G. Simcoeto Alexander McKee, 
letter, 1 November 1792, in The Correspondence of Lieutenant-Governor 
John Graves Simcoe, vol. V: 1792-1796 (Supplementary), ed. E. A. 
Cruikshank (Toronto: The Ontario Historical Society, 1931), pp. 23-24; and 
Gerald Craig, Upper Canada: The Formative Years, 1784-1841, Canadian 
Centenary Series (Toronto: McClelland and Stewart, 1963), p. 29. 

^D. B. Read, The Lieutenant-Governors of Upper Canada and Ontario, 
1792-1899 (Toronto: William Briggs, 1900), pp. 52-53; Harkness, 
Stormont, Dundas and Glengarry, pp. 69-70; and Johnson, Becoming 
Prominent, p. 209. 



John McDonell (Aberchalder) 

^^Macdonell, Sketches, p. 98. 

^*Lord Simcoe to Lord Dorchester, letter, 30 June 1794, as quoted in 
Cruikshank, "A Memoir," p. 44; and Macdonell, Sketches, pp. 91-92. 

^Cruikshank, "A Memoir," p. 46; and Macdonell, Sketches, p. 91. 

^^*The other member to sit in both Assemblies was David William Smith, who 
became Speaker in 1797 and 1801. See: C. C. James, "The First 
Legislators of Upper Canada," p. 117; and idem, "The Second Legislature 
of Upper Canada, 1796-1800," Transactions of the Royal Historical Society 
of Canada, 2nd Series, vol. 9 (1903-1904). 

^'Cruikshank, "A Memoir," p. 47. 

^^Macdonell, Sketches, p. 92. 

^^Ibid., p. 90. 

**Ibid., p. 92. 

^^Harkness, Stormont, Dundas and Glengarry, pp. 66-67. 



David William Smith 




David William Smith 
1797-1800; 1801-1802 

Portrait by unknown artist 



David William Smith 



DAVID WILLIAM SMITH 



The man who would become the first Surveyor General of Upper Canada and 
Speaker of the second and third parliaments was born in Salisbury, England 
on 4 September 1764. David William Smith was the only child of 
Lieutenant-Colonel John Smith, a senior officer in the Fifth Regiment of 
Foot. His early years reflected this military milieu; Smith received his 
education at the hands of regimental tutors and in 1779 was commissioned 
as an ensign in this same unit. One year later, he was appointed to the 
position of acting regimental paymaster. In 1790, both father and son were 
posted to Fort Detroit, the older Smith as garrison commander and the 
younger as fort adjutant. Two years later, the regiment was transferred to 
Fort Niagara, again with the elder Smith as commandant. During the next 
three years the younger Smith held various administrative posts, including 
those of deputy Quarter-Master General and Secretary to the Commandant.^ 

Other, non-military matters also demanded Smith's attention during the early 
1790s. At this time Smith undertook the study of law and articled with a 
fellow Member of the Legislature, Attorney General John White in 1793. 
He was called to the Bar on 7 July 1794; accordingly, his name is included 
in the first list of licensed attorneys published in Upper Canada.^ Smith was 
also involved with local administrative matters that would ultimately shape 
the course of his political career. Since 1790, the young military officer had 
served as secretary to the Land Board of Hesse of which his father, as 
commanding officer at Detroit, was Chairman.^ More important, however, 
was Smith's foray into politics. 

In 1792, he was elected to the first parliament of Upper Canada as the 
member for Suffolk and Essex, largely on the strength of his service to the 
Hesse Land Board.'* There has been some question as to the riding in which 
Smith initially campaigned. It has been suggested that he first sought 
election in the county of Essex, was defeated there and, several days later, 
ran a more successful bid for one of the two Kent County seats. ^ Such an 
action was possible during the late eighteenth century as elections in Upper 
Canada lasted, on average, for a period of six to eight days. Theoretically, 
it was possible for a candidate to lose in one county only to mount a new 
campaign and to be elected in another riding some days later.^ A comment 
contained in a letter written to John Askin during the course of the 1792 
election supports this theory. In it Smith states that "if . . . there is any 
difficulty in bringing me in for Essex, and one of the Kent seats goes 
begging, I should be flattered to be returned for that county."^ The book of 



David William Smith 



accounts kept for this period by the Sheriff of Essex County details Smith's 
expenses for the 1792 election, thus verifying that he was, at least, a 
candidate in this riding. His election to the seat can be established through 
the use of other election statements of account, including that of the 
Returning Officer, and private correspondence.* 

The unfortunate lack of Legislative Journals for the years 1795 and 1796 
does not allow for a comprehensive evaluation of Smith's participation in the 
business of the first Assembly. However, it can be stated that he did take an 
active role in the daily business of the House during its first sessions. For 
example, in 1792 he was made a member of a committee charged with the 
responsibility of devising ways to raise needed tax revenues. Smith devised 
a method based on the application of a landowner tax which would have seen 
a system of fixed payments per acre implemented. This suggestion was put 
forward but was defeated in the House.' Furthermore, during the 1793 
session he was assigned to a conmiittee which was instructed to "bring in 
speedily Bills for laying a duty of Excise on the distilled liquors brought into 
this province, and on Wines. "^° Almost a year later, on 3 June 1794, he 
successfully moved a motion in favour of a bill to regulate "the practice of 
Physic" in the Province.'^ 

During the course of the first parliament, the Member for Suffolk and 
Essex's politics often reflected an awareness of Upper Canada's dependence 
upon Great Britain. Smith often stressed that the importance of this bond 
should neither be overlooked nor forgotten. In a letter dated 2 October 
1792, he stated that due to this dependency "modesty should be the 
characteristic of our first assembly."'^ Indeed, it seems that he did not feel 
that the interests of Upper Canadians and those of the Colonial Office in 
London were in any way conflicting and stated: 

I do not feel it at all incompatible to 
discharge my duty to my constituents; and at 
the same time have regard to the general 
Interests of the Unity of the Empire." 

Smith's political career reflected this sense of dual responsibility. Not only 
did he attempt to defend the interests of his electorate but he also did not shy 
from accepting important political offices. For example, on 2 March 1796, 
he was made a member extraordinary of the Legislative Council. Several 
years earlier, he had taken on the role of Surveyor General of Upper 
Canada. ^"^ 



David William Smith 



Shortly after his election to the House in 1792, Lieutenant-Governor Simcoe 
informed Smith that he was to be nominated for the position of Surveyor 
General of Upper Canada.'^ Until that time, this function had been carried 
out by the Surveyor General of Quebec. With the creation of the province 
of Upper Canada in 1791, Simcoe established a separate office in anticipation 
of rapid growth and settlement/^ Smith's appointment was conditional 
upon approval from the Colonial Office in London. In 1792 London agreed 
to his appointment as acting Surveyor General and he remained as such, 
without a government salary, until Lieutenant-Governor Peter Hunter 
recommended the appointment be made permanent in 1799.^^ In this 
capacity. Smith used the expertise acquired during his tenure with the Hesse 
Land Board to oversee several functions. One of these was supervising 
preparation and filing of surveys used by government officials in order to 
allot individual parcels of land, to designate larger geographical units such 
as townships or districts and to allocate of clergy reserves. In fact, it was 
Smith who devised the 'checkered plan' that was used for this latter purpose 
in 1793.^' 

In 1793, on the request of Simcoe, Smith undertook the production of the 
first extensive gazetteer of Upper Canada. A Short Topographical 
Description of His Majesty's Province of Upper Canada in North America 
contained the following: a detailed description of prevalent geographic 
features of the province; information about the social aspects of districts, 
towns and townships throughout Upper Canada; extensive maps, geographic 
tables and charts; and short statements on the nature of government in Upper 
Canada ~ a topic with which Smith was well acquainted.*' 

The years between his election to the first Assembly in 1792 and his 
re-election to the House in 1796 were busy ones for Smitii. His duties in the 
House and as Surveyor General demanded his attention and, like other 
members of the Assembly, he maintained close ties with the provincial 
militia. Indeed, during this period he continued to receive and to accept 
military commissions. For example, in 1794 he was accorded the rank of 
major in the Provincial Horse Artillery. One year later, he was promoted 
to the rank of captain in the Fifth Regiment of Foot and served in this 
capacity until after 1796. Furthermore, in 1797 he was commissioned as a 
colonel in the Lincoln Militia and in June 1798 he was made a colonel in the 
Second Battalion of the York Militia. In fact. Smith did not resign the 
majority of his military commissions until his civil appointment was 
confirmed in 1799.^ 



10 



David William Smith 



Smith was returned to the House in 1796, this time as the representative for 
Lincoln's second riding. His re-election was not without significance: he 
was one of only two men who could lay claim to having been members of 
both the first and second parliaments and he was the only non-Loyalist 
member returned at this time.^' In addition to these distinctions, he was 
elected to the Office of Speaker sometime after the Assembly convened at 
York, likely due to the absence of the previous Speaker, John McDonell.^ 
As no Journals exist for this period in the Legislature's history, the date that 
Smith himself gives as his appointment to the position ~ 7 June 1797 ~ must 
be taken as accurate.^ He held the Speaker's chair for three of the four 
sessions of this parliament. 

During his tenure as Speaker, the House addressed several issues pertinent 
to the political, legal and social development of the province. For example. 
Smith presided over an Assembly which considered and passed bills 
pertaining to the issues of slavery, clergy reserves, establishment of a 
Superior Court of Civil and Criminal jurisdictions and judicial reform.^ 
During the 1799 session. Speaker Smith was forced to break a deadlock on 
an important point of procedure. On 20 June, Robert Grey (then the 
Solicitor-General) moved for the creation of a standing rule of the House by 
which 

no Member shall be compelled to serve on 
a Committee for carrying up to the 
Legislative Council any Bill for their 
concurrence, or for returning any Bill . . . 
who shall be opposed to the principles of 
such Bill, and shall have signified his dissent 
or disapprobation at any stage of the 
progress thereof through the House.^ 

The House divided equally on the vote, with five members in favour of the 
motion and five against. Speaker Smith voted in favour of the motion thus 
allowing it to become a standing rule of the House.^ 

Late in the 1799 session. Smith begged leave of the House to attend to 
personal business in England. ^^ At this time, he also requested that a 
committee be formed to examine and to report on the state of the 
Surveyor-General's office. This was done and die committee's report was 
favourable: the office was found to be in "satisfactory condition."^* Smith 



11 



David William Smith 



did not return to Upper Canada in time to discharge his duties as Speaker for 
the fourth session; as a result, Richard Beasley was elected to the Chair.^ 

While Speaker, Smith also held other civil offices. On 7 January 1797, the 
Speaker of the Assembly was made a judge of the Court of Requests; seven 
months later (12 August 1797), he was given the rather vague title of 
"conmiissioner for Examining Public offices."^ On 10 October of the same 
year. Smith was appointed as one of three trustees charged with the 
regulation and monitoring of the sale of lands held by the Six Nations 
Indians.^* In 1798, he and other prominent members of Upper Canadian 
society were appointed County Lieutenants. Smith received the Lieutenancy 
of the county of York. He held this office until 1804.^^ In addition to 
accepting these positions, he also found the time to pen a rather caustic 
critique of La Rochefoucauld's Travels through the United States of North 
America, the Country of the Iroquois, and Upper Canada. This rebuttal can 
be found appended to La Rochefoucauld's journal in m^y editions. 
Although the authorship of this piece is accredited only to "An 
Anglo-Canadian," historians agree that it is, in fact. Smith's work.^^ 

In 1801, the Surveyor General was re-elected to the House and the office of 
Speaker.^ Although his second term in the Chair was shorter than his first, 
Smith still presided over many important debates. Topics discussed included 
judicial reform, regulation of jury service and the provincial militia.^^ In 
addition, the House adopted several new rules of procedure during his 
Speakership.^ However, Smith did not hold the Chair for all four sessions 
of the third parliament. In 1802 he once again requested a leave of absence 
and left for England on personal business. 

Smith did not return to Upper Canada from this second trip to England. 
Although he did not officially give up his seat in the House, he did resign 
from his position of Surveyor General. This was done in 1804 ~ almost two 
years after his departure from North America. Simcoe reluctantly accepted 
the resignation. In a letter to Smith he states that he is "exceedingly 
surprised and hurt" to learn of the Surveyor General's intentions and suggests 
that he may have kept the office to his "dying day."^^ Smith declined 
Simcoe's offer and chose to stay in England as the estates manager for the 
Duke of Northumberland. Despite having amassed more than 20,000 acres 
of prime land in Upper Canada, one third in the Pickering area,'* he settled 
permanently near Alwick in England and was made a baronet in 1821. He 
died 16 years later at the age of 67. 



12 



David William Smith 



Notes 



^J. K. Johnson, Becoming Prominent: Regional Leadership in Upper 
Canada, 1791-1841 (Montreal: McGill-Queen's University Press, 1989), pp. 
226-227; C. C. James, "The First Legislators of Upper Canada," 
Transactions of the Royal Historical Society of Canada, 2nd Series, vol. VIII 
(1902-1903): 1 15-1 16; and Guide to the Manuscript Collection in the Toronto 
Public Libraries (Toronto: Thorn Press, 1954), p. 84. 

^James, "TheFirst Legislators of Upper Canada," pp. 115-116; and "David 
William Smith," Dictionary of Canadian Biography, vol. 7 (Toronto: 
University of Toronto Press, 1988), p. 812. 

^In 1788, Upper Canada had been divided into four local administrative units 
called districts: Luneburg, Mechleberg, Nassau and Hesse. As the 
population of Upper Canada increased, these four original districts were 
subdivided; by 1841 they had been divided into 20 such units. In every 
district, various committees and boards were maintained to aid in 
administration. As the office of the Surveyor General for Upper Canada was 
not created until 1792, one of these boards - the Land Board ~ concerned 
itself with the surveying and allotment of lands to settlers, primarily in the 
form of grants to ex-militia personnel. [See: Frederick H. Armstrong, 
Handbook of Upper Canadian Chronology and Territorial Legislation 
(London, Ont.: Lawson Memorial Library, University of Western Ontario, 
1967), pp. 148-150.] 

For further information on land boards and policies see also: G. C. 
Patterson, "Land Settlement in Upper Canada, 1783-1840," Sixteenth Report 
of the Archives of the Province of Ontario 52 (1920): and Lillian F. Gates, 
Land Policies of Upper Canada (Toronto: University of Toronto Press, 
1968). 

''James, "The First Legislators of Upper Canada," p. 115; and Patterson, 
"Land Settlement in Upper Canada," p. 41. 

^C. C. James, "David William Smith: A Supplementary Note to the Upper 
Canada Election of 1792, " Proceedings and Transactions of the Royal Society 
of Canada, 3rd Series, vol. VII (1913): 57. 



13 



David William Smith 

%id., pp. 65-66. 

''David William Smith (DWS) to John Askin, letter, 6 August 1792, as 
quoted in Ibid., p. 60. 

Ibid., pp. 62-64. 

'Gates, Land Policies of Upper Canada, p. 142. 

*°Upper Canada, House of Assembly, "Journals of the House of Assembly," 
2nd Session, 1st Parliament, in Sixth Report of the Bureau of Archives for the 
Province of Ontario, ed, Alexander Fraser (Toronto: L. K. Cameron, 
1911), p. 37. 

"Ibid., p. 48. 

'^WS to John Askin, letter, 2 October 1792, David William Smith Papers, 
Manuscript Collection, Baldwin Room, Metropolitan Toronto Reference 
Library (MTRL). 

" Ibid. 

"^Johnson, Becoming Prominent, p. 227; James, "The First Legislators of 
Upper Canada," pp. 1 15-1 16; and Guide to the Manuscript Collection, p. 85. 

*^See: E. B. Littlehales, Clerk of the Executive Council, to DWS, letter, 24 
September 1792, David William Smith Papers, Manuscript Collection, 
Baldwin Room, MTRL. 

'^Armstrong, Handbook of Upper Canadian Chronology, p. 25. 

'^Patterson, "Land Settlement in Upper Canada," p. 88. 

^%id., pp. 46, 71. For further information regarding Smith's role in the 
formation of clergy reserves, see: Alan Wilson, The Clergy Reserves of 
Upper Canada: A Canadian Mortmain, Canadian Studies in History and 
Government Series (Toronto: University of Toronto Press, 1968), pp. 
19-31, 32-35, 137-138, 141-142. 



14 



David William Smith 

^^avid William Smith, A Short Topographical Description of His Majesty's 
Province of Upper Canada in North America (London: W. Fadden, 1799; 
reprint; London: S. R. Publishers Ltd., 1969), pp. 1-47, 160-164 and 
postscript. 

^Johnson, Becoming Prominent, p. 227; Guide to the Manuscript Collection, 
p. 85; and James, "The First Legislators of Upper Canada," p. 116. 

^^Johnson, Becoming Prominent, p. 124; and James, "The First Legislators 
of Upper Canada," p. 117. 

22C. C. James, "The Second Legislature of Upper Canada, 1796-1800," 
Transactions of the Royal Society of Canada, 2nd Series, vol. IX 
(1903-1904): 158. 

^James, "The First Legislators of Upper Canada," p. 116. 

^Upper Canada, House of Assembly, "Journals of the House of Assembly," 
2nd Session, 2nd Parliament, in Sixth Report of the Bureau of Archives, pp. 
69, 72, 86, 101; and idem, "Journals of the House of Assembly," 3rd 
Session, 2nd Parliament, in ibid., pp. 106, 116. 

"Idem, "Journals of the House of Assembly," 3rd Session, 2nd Parliament, 
in Sixth Report of the Bureau of Archives, p. 109. 

^Ibid. 

''Ibid., pp. 120-121. 



^Patterson, "Land Settlement in Upper Canada," p. 85. 

^pper Canada, House of Assembly, "Journals of the House of Assembly," 
4th Session, 2nd Parliament, in Sixth Report of the Bureau of Archives, pp. 
127-128; and James, "The Second Legislature of Upper Canada," p. 158. 

^James, "The First Legislators of Upper Canada,", p. 116. 

^^Patterson, "Land Settlement in Upper Canada," p. 225; and Guide to the 
Manuscript Collection, p. 85. 



15 






David William Smith 

^. B. Read, The Lieutenant-Governors of Upper Canada and Ontario, 
1792-1899 (Toronto: William Briggs, 1900), p. 53; and Guide to the 
Manuscript Collection, p. 85. 

^See: La Rochefoucauld, Travels through the United States of North 
America, the Country of the Iroquois, and Upper Canada, vol. 2 (Lx)ndon: 
n.p., 1799), pp. 121-134. 



^'Upper Canada, House of Assembly, "Journals of the House of Assembly," 
1st Session, 3rd Parliament, in Sixth Report of the Bureau of Archives, p. 
176. 



35 



Ibid., pp. 200, 220, 230, 260. 



36 



Idem, "Journals of the House of Assembly," 2nd Session, 3rd Parliament, 
in Sixth Report of the Bureau of Archives, pp. 285-287. 

^''John Graves Simcoe to DWS, letter, 14 August 1804, David William Smith 
Papers. 

^See: "Estates in Canada," Package B15, David William Smith Papers, 
MTRL; and Mary Kearns Trace, The Upper Canada Gazette (and American 
Oracle): Index to Personal Names , 1793-1 798 (CalgSLry: Traces Publishing, 
1988), pp. 78-79. 



16 



Samuel Street 



SAMUEL STREET 



Samuel Street was born on 2 January 1753 in Wilton, Connecticut, then one 
of the Thirteen Colonies. He emigrated to Canada in 1778 as a United 
Empire Loyalist and settled near Fort Niagara/ Before emigrating, Street 
had been involved in trade along the Connecticut frontier and, took up this 
vocation upon his arrival in Upper Canada. Throughout the Revolutionary 
War he operated as a merchant, supplying both the local military garrison 
and the Indian allies with provisions. Unfortunately, due to his inability to 
cultivate a continuing and thus profitable relationship with the garrison at 
Niagara, Street's role as supplier lasted only as long as the war itself.^ 

As a result, in the early 1780s Street concentrated his attentions on trade in 
and around the Niagara area, his primary customers being the local natives 
and the local Indian Department, a branch of the Colonial government's 
Office of Indian Affairs.^ Perhaps due to his desire to facilitate a trading 
agreement with this branch of the government. Street formed a partnership 
with Andrew Butler, the son of Indian Department official John Butler, in 
1785. By 1786 Street and the younger Butler had opened a trading post near 
the garrison. The partnership later diversified and, in 1789, built a sawmill 
at Fifteen Mile Creek. The mill was sold to Andrew's father just two years 
later.'* The elder Butler's patronage also proved to be advantageous on a 
different level: it was John Butler who, in 1787, recommended Street for his 
first civil appointment. It was because of this recommendation that Street 
was named a Justice of the Peace for the Nassau District in 1788.' 

Some years after Street's appointment, however, his relationship with Butler 
came under close scrutiny in the House. Members alleged of corruption and 
abuse of position in the operation of the trading post operated by Street and 
the younger Butler. It was claimed that the merchandise sold at the trading 
post was, in fact, goods intended for use in the government's annual 
distribution of gifts to the Indians. Furthermore, it was alleged that the elder 
Butler had procured these goods from the Indian Department's storehouses 
without the necessary permission.^ In response to these developments. Lord 
Dorchester ordered an investigation into the situation in 1790. After 
receiving assurances from John Butler that these charges were false, no 
formal inquiry was undertaken.^ 

Between the end of the Revolutionary War in 1783 and his entrance into 
provincial politics in 1796, Street, like many other Upper Canadian 
businessmen, also engaged in land speculation. As too often happened. 



17 



Samuel Street 



however, his investments further increased his growing financial difficulties: 
s neither the land in question was valuable enough nor were the companies 
involved stable enough for a steady profit.* Early in 1788, he and other 
individuals acquainted with John Butler and the Indian Department formed 
the Niagara Genessee Company. The Company's goal was to encourage 
settlement on land in the Niagara-Genessee area which would, in time, be 
acquired by the company. The problem lay in the fact that the land to which 
the Company aspired, in theory, belonged to the Six Nations Indians. The 
questionable methods by which the land was to be obtained by the Company 
quickly came to the attention of the provincial government and, as a result, 
Ae project was quietly abandoned by many of the partners. But Street did 
not sell his shares in the venture until 1791' and his fortunes did not 
improve over the years. His partnership with Andrew Butler ended in 
1793. ^'^ In 1794 he became a shareholder in another land speculation 
venture, the German Company, this time with American investors. 
Unfortunately, the Company collapsed within a year, costing Street more 
than $7,000.^^ 

Street had first attempted to gain a seat in the Legislature in 1792. At this 
time, he had run as a candidate in the second riding of Lincoln and had been 
defeated by his opponent, Benjamin Pawling, by a margin of two votes to 
one.^^ He was more successful in 1796 and was sent to the second 
parliament as the member for this same constituency. While it has been 
suggested that "there is little that is particularly noteworthy about his 
participation in the second parliament,"'^ such a statement is misleading. 
Although his actions during the Assembly's first sessions may not distinguish 
him from his more outspoken or flamboyant colleagues, it would be 
erroneous to dismiss summarily his contributions to this parliament. For 
example, during the 1798 session, he brought in a bill which provided for the 
more uniform laying of assessments in the province. In addition, he was 
active in the debates on the extension of slavery within the province. He, 
like the majority of members, supported the bill which forbade the practice 
within the boundaries of Upper Canada. The legislation was subsequently 
passed by a vote of eight to four.** 

It must be noted that Street did attain a position of some importance during 
the second parliament. Due to the absence of Speaker David William Smith 
during the parliament's final session, a new Speaker had to be chosen. Street 
was elected to the Chair by a majority of two votes. '^ In fact, although he 
won election to the Legislative Assembly only twice, at some point during 
both of these terms he also occupied the Speaker's Chair. Indeed, Street is 



18 



Samuel Street 



the only member of the pre-Union parliaments of Upper Canada who can lay 
claim to such a feat. 

In the course of the fourth session. Speaker Street proved to be more than an 
adequate replacement for the absent Smith. Although he held the Chair for 
little more than four weeks in this first term (5 June to 4 July 1800), he 
presided over several important debates. For instance, a bill to provide for 
more equal parliamentary representation was discussed. Furthermore, the 
Assembly debated the timely issues of trade with the United States as well 
as the introduction and implementation of English criminal law into the 
province. ^'^ Thus, although his initial term as Speaker was brief, it should 
not be undervalued. Street relinquished the Chair when the Legislature was 
dissolved late in the summer of 1800. 

Although he had served well in the House, Street was not returned to the 
Assembly in the following election.^^Until his re-election in 1808, he 
returned his attentions to the land. During his first term in the House, he 
had acquired substantial holdings in the Niagara-Grand River area by 
petitioning the government for the rights to large tracts which had been sold 
or given to him as repayment for debts. In addition, he had invoked claims 
to governmental land grants based on his Loyalist background. Through 
these means, Street acquired almost 10,000 acres of land in total, almost a 
third of which was in Wiiloughby.'* By 1800, perhaps due to his less than 
successful history in land speculation, he turned his hand to making a profit 
by using rather than selling the land. For example, some 500 acres in 
Thorold were put to use as farmland. It was this parcel that became his 
beloved Grove Farm to which he would retire shortly before his death. The 
growing demand for wood and timber as building materials in Upper Canada 
provided Street with a second commercial avenue and he became involved 
in the lumber trade in order to help alleviate some monetary difficulties he 
experienced.^' 

Street did not abandon his interests in local administration and politics, and 
during these years he continued to sit as a Justice of the Peace. In addition 
to this responsibility, he became Deputy Lieutenant for the county of Lincoln 
in 1801, largely due to his close relationship with Robert Hamilton who had 
been appointed to the Lieutenancy. He held this post until 1804.^ On 7 
January 1807, Street added another local administrative post to his credit: 
on this date he became a judge of the Niagara District Court. ^^ He 
attempted a return to the House in 1804, but was defeated. He was more 
successful in 1808 and was returned to the Assembly as the member for 



19 



Samuel Street 



Lincoln's Third Riding. Once again, he was elected to the Speakership. 
Due to the absence of Journals for the year 1809, however, the date of his 
election to the Speaker's Chair cannot be established. It can only be assumed 
that his election to the Office of Speaker of the fifth parliament of Upper 
Canada occurred on the day the House reconvened, namely 2 February 
1809.22 

In the course of his only fiill term as Speaker, Street presided over an 
Assembly which was preoccupied with administrative and social legislation. 
The extant Journals for the period show that the debate surrounding the 
establishment of public schools occupied a great deal of the members' time 
and efforts. It was an emotional and unusually bitter debate which raged 
throughout all recorded sessions. The House was divided on several 
elements of the issue and the business of the House reflects this through its 
recording of bills to limit, to amend and to abolish the legislation in 
question.2^ On a more constructive note, bills concerning the creation and 
implementation of forms of social assistance to minors and the poor of the 
province were passed. ^^ During both the 1810 and 1811 sessions, salaries 
of many public officials - including that of the Speaker of the House - were 
scrutinized and unsuccessful attempts to decrease the amounts were made.^^ 
In addition, an act establishing a Supreme Court of Civil and Criminal 
Jurisdiction was passed while, not surprisingly, a bill to exclude men who 
held government commissions from holding a seat in the House of Assembly 
was defeated by a significant margin. ^^ 

Perhaps the most interesting incident of Street's later Speakership involves 
the controversy which surrounded the case of Robert Nichol. Shortly before 
the prorogation of the 1811 session, the House resolved that Nichol, a 
prominent businessman and a Commissioner of Highways for the London 
District, had misappropriated approximately £300 of public money which had 
been entrusted to him for the repair of roads and bridges. This resolution 
was largely based on the fact that while Nichol had received the money in 
question, he had not submitted an account of expend itures.^' Nichol 
protested his innocence in a letter to the Lieutenant-Governor's Secretary 
which included a belated account of the funds. Unfortunately, the letter also 
contained statements suggesting that the House's actions resulted more from 
"malevolence and detraction" than a concern over the use of public funds.^" 

When the Assembly resumed in mid-February 1812, a copy of the letter was 
delivered and read to the House. It was resolved that Nichol was guilty of 
a breach of privileges of the House "by making false, malicious and 



20 



Samuel Street 



scandalous representation to the person administering the Government."^ 
A Speaker's Warrant was issued for Nichol's arrest on this charge as well as 
that of contempt and, despite his contention that the Assembly had no right 
to commit him for these alleged offenses, he was brought before the Bar of 
the House. Despite an impassioned defence, Nichol was found guilty and a 
warrant for his commitment to the jail at York was issued.^ Nichol 
immediately applied for a writ of habeas corpus and the warrant of 
committal was examined. In the course of the examination, the issue of the 
rights of the Legislative Assembly to punish private individuals for violating 
the privileges of the House became the centre of this growing controversy.^* 
However, Chief Justice Thomas Scott evaded this contentious issue by 
finding the warrant to be defective on technical grounds. Nichol was 
immediately rel eased. ^^ This did not end the business, however. Nichol 
launched suit against Street. Scott, then Speaker of the Legislative Council, 
found himself not only embroiled in a defence of his actions but also the 
subject of an address sent to the Prince Regent by the Assembly .^^ Yet, the 
confrontation that was so obviously developing did not come to fruition; it 
was averted by the outbreak of the War of 1812. 

Street relinquished the Chair upon the dissolution of the House in March of 
the same year. He did not return to the House but, rather, chose to serve in 
various administrative capacities during the Anglo-American conflict. Unlike 
many other members of the Assembly, Street's service in the provincial 
militia was limited to the years before and during the war of 1812. In fact, 
he did not receive his first military commission until 2 January 1809, at 
which time he was made a captain in the Third Regiment of the Lincoln 
militia. In 1813, he was made deputy paymaster for the Lincoln and Oxford 
county militias.^ In addition, on 24 July of the same year he was appointed 
to administer the farms in the Niagara area which had been abandoned or 
forfeited during the war.^^ 

After the war, Street was not involved in provincial politics save for his 
execution of his civil administrative positions. He retired to his farm in 
Thorold and it was there that he died on 3 February 1815. 



21 



Samuel Street 



Notes 



'Edward Marion Chadwick, ed., Ontarian Families: Genealogies of United 
Empire Loyalist and other Pioneer Families of Upper Canada (Lambertville, 
New Jersey: Hunterdon House, reprint, 1970), p. 175; and J. K. Johnson, 
Becoming Prominent: Regional Leadership in Upper Canada, 1791-1841 
(Montreal: McGill-Queen's University Press, 1989), p. 229. 

^Bruce G. Wilson, The Enterprises of Robert Hamilton: A Study of Wealth 
and Influence in Early Upper Canada, 1776-1812 (Ottawa: Carleton 
University Press, 1983), p. 25; and "Samuel Street," Dictionary of 
Canadian Biography, vol. 5 (Toronto: University of Toronto Press, 1983), 
p. 781. 

*nie primary function of the Indian Department was to serve as an 
administrative bureaucracy for the sale of Indian lands and, in the case of 
individual outposts, to act as a depot from which the annual distribution of 
gifts to the Indians by the government could take place. In theory, the 
Department was not autonomous, but was under the supervision of the 
Governor's Secretary. In general, ex-army or militia officers comprised the 
personnel of the Department and were used as liaisons between the 
government and the Indians. The Indian Department was one of the last 
Imperial responsibilities to be transferred to the provincial government; this 
transfer did not take place until 1860. 

See: J. E. Hodgetts, Pioneer Public Service: An Administrative History of 
the United Canadas, 1841-1867 (Toronto: University of Toronto Press, 
1955), pp. 24, 29, 39-41, 211-219; and Frederick H. Armstrong, Handbook 
of Upper Canadian Chronology and Territorial Legislation (London, Ont.: 
Lawson Memorial Library, University of Western Ontario, 1967), p. 19. 



*Wilson, The Enterprises of Robert Hamilton, pp. 25-26, 66-67. 

^Johnson, Becoming Prominent, p. 229; and Wilson, The Enterprises of 
Robert Hamilton, p. 41. 



•Hodgetts, Pioneer Public Service, p. 214. 



22 



Samuel Street 



''Dictionary of Canadian Biography , vol. 5, p. 781. See also: S. J. R. Noel, 
Patrons, Gients, Brokers: Ontario Society and Politics, 1 791-1896 (Toronto 
and Buffalo: University of Toronto Press, 1990), p. 57. 

*Mary Kearns Trace, The Upper Canada Gazette (and American Oracle): 
Index to Personal Names, 1793-1798 (Calgary: Traces Publishing, 1988), 
p. 82; Johnson, Becoming Prominem, p. 57; and Wilson, The Enterprises of 
Robert Hamilton, pp. 28, 98. 

^Dictionary of Canadian Biography, vol. 5, pp. 781-782; and Wilson, The 
Enterprises of Robert Hamilton, pp. 26-27. For a general discussion of the 
governmental land policies and practices regarding Six Nations land, see: 
Lillian F. Gates, Land Policies of Upper Canada (Toronto: University of 
Toronto Press, 1968), pp. 11-14, 49-50. 

'°See: Upper Canada Gazette (and American Oracle), 18 July to 8 August 
1793, p. 4. 

^'Wilson, The Enterprises of Robert Hamilton, p. 27. 

^^Pawling won by a vote of 148 to 48. See: Wilson, The Enterprises of 
Robert Hamilton, pp. 105-106; and Johnson, Becoming Prominent, p. 229. 

^^Dictionary of Canadian Biography, vol. 5, p. 782. 

^*Upper Canada, House of Assembly, "Journals of the House of Assembly," 
2nd Session, 2nd Parliament, in Sixth Report of the Bureau of Archives for 
the Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1911), pp. 58, 69. 

'^Idem, "Journals of the House of Assembly," 4th Session, 2nd Parliament, 
in Sixth Report of the Bureau of Archives, pp. 127-128. 

^%id., pp. 136, 144, 148. 

^''Dictionary of Canadian Biography, vol. 5, p. 782; and Wilson, The 
Enterprises of Robert Hamilton, p. 153. 

^^Street acquired 8,7(X) acres through purchase and debt repayments and 
1,200 through Loyalist grants. See: Mary E. Manning, Street: The Man, 
the Family, the Village, Streetsville Historical Society Publication No. 3 

23 



Samuel Street 



(Streetsville, Ont.: The Society, 1983), p. 124; and Johnson, Becoming 
Prominent, pp. 55, 229. 

^'Johnson, Becoming Prominent, pp. 47, 55. 

^^ilson. The Enterprises of Robert Hamilton, pp. 126-127; and Dictionary 
of Canadian Biography, vol. 5, p. 782. 

^^ Armstrong, Handbook of Upper Canadian Chronology, p. 181; Johnson, 
Becoming Prominent, p. 229; and Wilson, The Enterprises of Robert 
Hamilton, p. 132. 

^Debra Forman, comp. and ed., Legislators and Legislatures of Ontario, 
vol. 1, 1792-1866 (Toronto: Research and Information Services, Legislative 
Library, 1984), pp. 31-32. 

^Upper Canada, House of Assembly, "Journals of the House of Assembly," 
2nd Session, 5th Parliament, in Eighth Report of the Bureau of Archives for 
the Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1912), pp. 285, 287, 296, 308, 304, 315, 332-333, 334; and idem, "Journals 
of the House of Assembly," 3rd Session, 5th Parliament, in ibid., pp. 394, 
406, 419, 420, 423, 432. 

^Idem, "Journals of the House of Assembly," 2nd Session, 5th Parliament, 
m Eighth Report of the Bureau of Archives, pp. 315, 331. 

^Ibid. p. 298; and idem, "Journalsof the House of Assembly," 3rd Session, 
5th Parliament, in ibid., p. 403. 

*Ibid., pp. 323, 357; and ibid., pp. 407-408. 

^or a more complete discussion of the incident, see: idem, "Journals of the 
House of Assembly," 4th Session, 5th Parliament, in Eighth Report of the 
Bureau of Archives, pp. 39-44; and William Renwick Riddell, "Thomas 
Scott, the Second Attorney-General of Upper Canada," Ontario Historical 
Society Papers and Records 20 (1923): 134-137; and idem, "The Legislature 
of Upper Canada and Contempt: Drastic Methods of Early Provincial 
Parliaments with Critics," Ontario Historical Society Papers and Records 22 
(1925): 195-197. 



24 



Samuel Street 

^Upper Canada, House of Assembly, "Journals of the House of Assembly," 
4th Session, 5th Parliament, in Eighth Report of the Bureau of Archives, p. 
41. For the full text of Robert Nichol's letter to the Secretary of the 
Lieutenant-Governor, see: ibid., pp. 39-41. 

^bid., p. 42. 

^id., pp. 57-58. 

^^Historically, the British House of Commons has asserted the right to be the 
sole judge of its own proceedings. This privilege reflects the origins of 
Parliament as the High Court of Parliament, the highest court of the land, 
and the attendant conception that it would be inappropriate for its 
proceedings to be cognizable in any other court. This principle was 
established by the reign of Henry III. 

A corollary of this principle is that the House will treat an infringement of 
its privileges as contempt and will commit the offender to prison. While the 
House claims that it is the sole judge of the existence and extent of its 
privileges, the courts have always asserted that the parliamentary privilege 
is part of the law of the land and, in a properly stated case, have the 
jurisdiction to interpret it. [cf. Benyon v. Evelyn (1664) O. Bridg. 324, at 
330-331, 333.] However, the courts have always sought to minimize the 
ground on which they could potentially clash with the Commons over the 
latter's interpretation of its privileges, including the right to punish for an 
alleged breach of them. In Burden v. Abbot, (1811) 14 East 1, for example, 
the court held that if a person was committed to custody by Parliament with 
no cause specified on the warrant, the court would not go behind the warrant 
to investigate the reasons for the commitment. 



'^pper Canada, House of Assembly, "Journals of the House of Assembly," 
4th Session, 5th Parliament, in Eighth Report of the Bureau of Archives, pp. 
69-70; Riddell, "Thomas Scott," p. 136; and idem, "The Legislature of 
Upper Canada and Contempt," pp. 196-197. 

^%id.; and Upper Canada, House of Assembly, "Journals of the House of 
Assembly," 4th Session, 5th Parliament, in Eighth Report of the Bureau of 
Archives, pp. 74, 79-81. 



25 



Samuel Street 



^Manning, Street: The Man, the Family, the Village, p. 23; and Johnson, 
Becoming Prominent, p. 229. 

^^Janet Caraochan, History of Niagara (Toronto: William Briggs, 1914), p. 
38; and Dictionary of Canadian Biography, vol. 5, p. 782. 



26 



Richard Beasley 



RICHARD BEASLEY 

Richard Beasley was born on 21 July 1761 near Albany, in the colony of 
New York. Unfortunately, little is known about the first 16 years of his life 
but it is thought that he was raised and educated in this area.^ With the 
outbreak of the American Revolutionary War in 1776, Beasley apparently 
enlisted in Roger's Rangers, a Loyalist militia unit. There is little 
documentation regarding his service with this regiment save for a reference 
to "a loyalist named Basly" in connection with charges made by rebel forces 
against two men from the Rangers dated 14 September 1777. It is likely that 
Richard Beasley was, in fact, the loyalist Basly to whom the document 
refers.^ In any event, late the same year he emigrated to the province of 
Quebec and settled in the area near Fort Niagara. Here he worked as 
"Acting Commissary," or storekeeper, for the British forces. He resigned 
this post in 1779 to begin his own commercial ventures.^ 

Initially, Beasley became involved in trade with the Indians of the Niagara 
Region. In 1783, he formed a partnership with Peter Smith and endeavoured 
to expand his trade with the Indians. To this end, two trading houses were 
built - one at Toronto and one at Pemitescutiang (Port Hope). The 
merchandise sold at these posts was varied and ranged from groceries and 
sundries to building supplies and gunpowder.** Over the next few years, the 
partnership diversified and in 1791 it built a milling establishment in the 
Ancaster Hills. ^ The partners also became involved in land speculation. In 
1788, as Loyalist "Defenders of the Empire," both Beasley and Smith 
petitioned the Land Board of Upper Canada for tracts of land in Toronto and 
Pemitescutiang, citing their already-established interests in these areas. They 
were granted 200 acres per person, 100 acres apiece at each site. Beasley's 
Toronto grant was later dismissed by the Land Board, however, as 
Lieutenant-Governor Simcoe wished to establish the parliament buildings on 
the tract that had been awarded. In lieu of this 100-acre parcel of land, he 
was given 200 acres in Wentworth County, where he settled permanently.^ 

The first parliament of Upper Canada had been composed largely of militia 
officers and landowners. As a result, the interests of other social and 
political groups found little voice or support in this Assembly. Such was the 
case with the general political and economic interests of the mercantile 
population of Upper Canada. Indeed, policies which were in direct contrast 
to those favoured by the merchants had been put forth in the House. For 
example, it was suggested that a tax be imposed on liquor imported into the 
province. This action would, of course, have been detrimental to the 



27 



Richard Beasley 



merchants' livelihood. In response to what was perceived as a political 
oversight, several traders and merchants took it upon themselves to become 
candidates in the 1796 elections.^ Beasley was one of these individuals. He 
was no stranger to public service: in 1795 he had been appointed a Justice 
of the Peace for the Home District and a year later he had been made a 
magistrate.* In 1796, Richard Beasley was elected to the Legislative 
Assembly as the member for the counties of Durham, York and Lincoln 
(First Riding). 

Although little mention is made of Beasley in the Journals before 1798, those 
for the remaining sessions of the second parliament (1798-1800) show that 
he actively participated in the business of the House. On 20 July 1798, he 
voted in favour of the passage of a bill which would have allowed persons 
emigrating to the province to bring their slaves with them.^ During the 
course of the following year's session, not only did he move for the 
introduction of legislation pertaining to environmental and military issues, but 
he also vigorously argued against the provision of relief to Methodists.^" 
Furthermore, Beasley was given the opportunity to employ his trading and 
commercial expertise in the House. In 1800 he and Timothy Thompson, the 
Member for Lennox, Hastings and Northumberland, were members of a 
committee which was formed in order 

to prepare and report a Bill to empower the 
Governor, Lieutenant Governor, ... to 
make such temporary Rules and Regulations 
from time to time as may be necessary 
respecting the trade between this Province 
and the United States of America. ^^ 

Thus, Beasley was able to voice the heretofore-neglected merchant opinion 
in ways that had the potential to affect directly government policies. 

He was returned to the House in 1800 as the member for the counties of 
West York, Lincoln (First Riding) and Haldimand.^^ Even though it has 
been suggested that he made little contribution to the third parliament,'^ 
extant Journals show that he continued to be involved in the work of the 
Assembly. For instance, on 1 July 1801 Beasley voted against a bill which 
provided for the imposition of duties on items imported from the United 
States which could also be imported from Britain.''* His greatest 
contribution to this parliament came with his election to the Speakership early 
in 1803. 



28 



Richard Beasley 



The absence of Speaker David William Smith during the later sessions of the 
House necessitated the election of another member to the Chair. On 27 
January 1803, Beasley was elected to the Speakership: he was the fourth 
candidate to be nominated and the first to be accepted by the House. David 
Rodgers, John Ferguson and Alexander McDonell had all been put forth for 
the position -- indeed, Beasley himself had seconded Rodgers' nomination. 
All three were defeated by votes of six to four, the same margin of victory 
gained by Beasley.^' He held the Speakership for the final two sessions of 
tfiis parliament. Even though his tenure as Speaker was brief, he presided 
over an Assembly which debated many issues including the regulation of 
juries, the licensing of "Practitioners at law," and the provision of 
punishment for those individuals who aided or assisted deserters.** 
Furthermore, the House passed several bills including one "providing for 
compiling and printing all the Statutes of the Several Parliaments of this 
province" and another which provided "for the more equal representation of 
the Commons in parliament, and for the better defining of the qualifications 
of Electors."*' 

Between the years 1796 and 1804, Beasley 's attentions were not focused 
solely on the work of the Assembly. During this period he continued to . 
perform his aforementioned duties as Justice of the Peace and magistrate. In 
1799, he became an agent for the Canadian Constellation. As agent, Beasley 
received applications and payments for subscriptions to the publication and 
supervised the work of its couriers.*^ He also held various militia 
commissions. In 1794 he joined the Second Regiment of the York Militia 
as a lieutenant; in 1798 he secured command of one of the companies. By 
1809 he had been promoted to the rank of colonel.*' 

From the time of his election to the Assembly in 1796, Beasley was heavily 
involved in land speculation. Some historians have suggested that it was this 
over-extension of capital into land ownership that proved to be the prime 
cause of his ever-recurring financial difilculties.^ He was party to several 
land deals, the most notable being one that involved a parcel of land known 
as Block II. In 1798, Beasley and two partners purchased 94,012 acres of 
land on the Grand River from the Six Nations Indians for a sum of £8,887 
(provincial currency). Although he initially experienced some difficulty in 
attracting potential settlers to the land, a few immigrants, mostly Mennonites 
from the Pennsylvania area, eventually expressed an interest in settling there. 
Unfortunately, Beasley had not apprised the Mennonites of the hefty 
mortgage which existed on the property and which made their land deeds 
technically worthless.^* It would take seven years and several inquiries 



29 






Richard Beasley 



before this fiasco was sorted out and the legal possession of the land 
devolved to the Mennonites.^ 

After his tenure as Speaker, Beasley's political fortunes soured. He ran for 
office again in 1804 but was defeated. He made a more successftil attempt 
in 1808 when he was elected as the representative for the county of York 
West. His political success, however, was short lived. The election was 
contested on the grounds that the returning officer had prematurely closed the 
poll. Eventually his victory was declared null and void, a new election was 
called and was won by John Willson.^ It was not until 1824 that Beasley 
ventured a return to the Assembly. 

From 1808 until 1824 Beasley's personal fortunes continued to be less than 
satisfactory. In 1811, his interests in land speculation led him to support a 
rather unpopular cause, namely the rights of American emigrants to vote and 
to be elected to the Legislature.^ Despite his prominent position in the 
York Militia, Beasley's involvement in the War of 1812 was primarily 
administrative. For example, in 1812 he led a detachment charged with the 
duty of finding deserters; in 1813, he headed a commission in charge of 
abandoned or forfeited property. Although these were valuable contributions 
to the war effort in their own right, his conduct was viewed with contempt 
by several of the members of Upper Canada's political society.^ The 
conflict ruined his farm and property which was situated very near the front 
lines.^ 

Despite all of this, it was Beasley's involvement in the Gourlay Affair of 
1818 which ultimately discredited him in the eyes of the family compact. 
Around 1815, Robert Gourlay had come to Upper Canada and had compiled 
"A Statistical Account of the State of the Province." In the process, he had 
uncovered a great many grievances held by the land-owning population. 
These grievances were largely based on the government's unwillingness to 
compensate these individuals for the damage done to their property during 
the War of 1812. As a result of his findings, Gourlay took it upon himself 
to convene an extra-parliamentary conference at York on 6 July 1818. 
Beasley was sent to this conference as one of two delegates for the Gore 
District. In fact, he received the dubious honour of being chosen president 
of the conference.^^ The conference applied to the government for nothing 
less than the dissolution of the House. This demand was unconditionally 
rejected and ftiture such gatherings were outlawed. In spite of such 
deterrents, Beasley held two branch meetings of the conference and, as a 



30 



Richard Beasley 



result, was relieved of his duties as Justice of the Peace and magistrate, and 
lost his military commissions.^ 

Beasley's remaining years were quiet ones. He died on 16 February 1842 
in Hamilton at the age of 81. 



Notes 



^Nicholas Leblovic, "The Life and History of Richard Beasley, Esquire," 
Wentworth Bygones 7 (1967): 1; and CM. Johnston, Head of the Lake: A 
History of Wentworth County (Hamilton: Robert Duncan and Co. Ltd., 
1958), p. 38. 

^H. Hastings, ed.. The Clinton Papers, vol. 2 (New York: Macmillan, 1904), 
p. 321; Johnston, Head of the Lake, pp. 38, 301; and Leblovic, "Life and 
History," pp. 1, 11. 

^See: Upper Canada Land Book A, 1 792-1 796, Archives of the Province of 
Ontario. See also: Leblovic, "Life and History," p. 1; Johnston, Head of 
the Lake, p. 38; and J. K. Johnson, Becoming Prominent: Regional 
Leadership in Upper Canada, 1791-1841 (Montreal: McGill-Queen*s 
University Press, 1989), p. 172. 

"^Johnston, Becoming Prominent, p. 22; "Richard Beasley," Dictionary of 
Canadian Biography, vol. 7 (Toronto: University of Toronto Press, 1988), 
p. 57; and Johnson, Head of the Lake, pp. 38, 39. 

^Johnston, Head of the Lake, pp. 23, 36; Johnson, Becoming Prominent, p. 
65; and Leblovic, "Life and History," p. 2. 



^See: "Petition to Land Board Ministry," 22 October 1788, Land Board 
Records. See also: Mary Kearns Trace, The Upper Canada Gazette (and 
American Oracle): Index to Personal Names, 1793-1798 (Calgary: Traces 
Publishing, 1988), p. 6; Leblovic, "Life and History," pp. 1-2; and 
Johnston, Head of the Lake, p. 42. 

^Bruce G. Wilson, The Enterprises of Robert Hamilton: A Study of Wealth 
and Influence in Early Upper Canada, 1776-1812 (Ottawa: Carleton 
University Press, 1983), p. 48; and Johnston, Head of the Lake, p. 42. 



31 



I 



Richard Beasley 



'Johnston, Head of the Lake, p. 41; Johnson, Becoming Prominent, pp. 65, 
172; Wilson, The Enterprises of Robert Hamilton, p. 131; and Leblovic, 
"Life and History," p. 6. 

iJpper Canada, House of Assembly, "Journals of the House of Assembly," 
3rd Session, 2nd Parliament, in Sixth Report of the Bureau of Archives for 
the Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1911), p. 71. 

^•^id^pp. Ill, 119. 

"Idem, "Journals of the House of Assembly," 4th Session, 2nd Parliament, 
in Sixth Report of the Bureau of Archives, p. 136. 

'^Leblovic, "Life and History," p. 6; Johnston, Head of the Lake, p. 42; and 
Johnson, Becoming Prominent, p. 112. 

"Leblovic, "Life and History," p. 6; and Dictionary of Canadian Biography, 
vol. 7, p. 57. 

^'*Despite the efforts of Beasley and other merchant Members such as Samuel 
Street, the bill was passed. See: Upper Canada, House of Assembly, 
"Journals of the House of Assembly," 1st Session, 3rd Parliament, in Sixth 
Report of the Bureau of Archives, p. 231; and Leblovic, "Life and History," 
p. 6. 

*^Idem, "Journals of the House of Assembly," 3rd Session, 3rd Parliament, 
in Sixth Report of the Bureau of Archives, pp. 323-325. 

^*Ibid., pp. 355, 365; and idem, "Journals of the House of Assembly," 4th 
Session, 3rd Parliament, in Sixth Report of the Bureau of Archives, p. 422. 

'^Idem, "Journals of the House of Assembly," 4th Session, 4th Parliament, 
in Sixth Report of the Bureau of Archives, pp. 427, 451. 

^^Johnston, Head of the Lake, p. 74. 

'%id., p. 46; Johnson, Becoming Prominent, p. 172; Dictionary of Canadian 
Biography, vol. 7, p. 57; and Leblovic, "Life and History," p. 7. 



32 



Richard Beasley 

^"Wilson, The Enterprises of Robert Hamilton^ p. 89. 

^^See: Joseph Brant to David William Smith, Surveyor General, letter, 10 
February 1801, David William Smith Papers, Manuscript Collection, 
Baldwin Room, Metropolitan Toronto Reference Library. 

^eblovic, "Life and History," pp. 4-6; Johnson, Becoming Prominent, p. 
57; and Johnston, Head of the Lake, pp. 42-43, 52. 

^Debra Forman, comp. and ed.. Legislators and Legislatures of Ontario, 
vol. 1, 1792-1866 (Toronto: Research and Information Services, Legislative 
Library, 1984), p. 31; Dictionary of Canadian Biography , vol. 7, p. 57; and 
Leblovic, "Life and History," p. 7. 

^Lillian F. Gates, Land Policies of Upper Canada (Toronto: University of 
Toronto Press, 1968), p. 99. 

^Johnston, Head of the Lake, p. 57; Johnson, Becoming Prominent, p. 172; 
and Leblovic, "Life and History," p. 7. 

^See: Letter dated 31 May 1813, in Select British Documents of the 
Canadian War of 1812, vol. 2, ed. W. Wood (Toronto: The Champlain 
Society, 1923), p. 108; and Petition from R. Beasley, RG 19, E5a, vol. 
3740, no. 46, Public Archives of Canada. See also: Johnson, Becoming 
Prominent, p. 46; and Leblovic, "Life and History," pp. 7-8. 

^^Leblovic, "Life and History," p. 8; and Gates, Land Policies, pp. 109-110. 

2«Leblovic, "Life and History," pp. 8-9. 



33 



Alexander McDonell (Collachie) 




Alexander McDonell (Collachie) 
1805-1808 

Portrait by Theophile Hamel 



Alexander McDonell (Collachie) 



ALEXANDER McDONELL (COLLACfflE) 

Alexander McDonell was bom in Glengarry, Scotland in April 1762, the 
second son of Allan McDonell. Due to mounting economic pressures, the 
McDonells and other Highland families emigrated to North America in 1773 
and settled as tenants of Sir John Johnson on his estate in the Mohawk Valley 
of New York.^ Their lives were soon disrupted by the outbreak of the 
American Revolutionary War and, in response to this development, these 
Loyalists formed the Royal Highland Emigrants Regiment in 1775. 
Alexander's father, Allan McDonell, received a captain's commission in this 
same unit.^ The Regiment's creation and the influence that Sir John Johnson 
held over the local Indian allies presented the Revolutionary forces with a 
small but potentially-dangerous opposing force. In 1776, General Schuyler 
and a large Revolutionary contingency were dispatched to Johnstown to 
ensure the neutrality of the settlers. The terms of Schuyler's proposal to the 
inhabitants were simple: disarm the Regiment and surrender all military 
stores or face attack. In order to save the settlement from sure destruction, 
the demands were met. As an added precaution, hostages were then taken 
to ensure the settlement's continuing neutrality ~ among them was Allan 
McDonell.^ He remained in custody until his escape to the province of 
Quebec in 1779. 

From his earliest years, therefore, Alexander McDonell lived in a milieu 
dominated by military events. The years before his entry into provincial 
politics were largely taken up in pursuit of a military career. Like his father, 
McDonell's sympathies lay with the Loyalist cause: in 1777, he enlisted in 
the King's Royal Regiment of New York as a volunteer.'* In this capacity, 
he was involved in the Battle of Oriskaney (6 August 1777), the attack on 
Fort Schuyler (22 August 1777) and the occupation of Philadelphia in the fall 
of 1777. In 1778, he received his first commission, that of ensign in the 
Second Battalion of the Royal Highland Emigrants. In this same year, he 
was present at the Battle of Monmouth (28 June 1778) and, more important, 
became the dispatch messenger between Sir Henry Clinton in New York and 
General Haldimand in Upper Canada. It was during this period that he 
acquired a knowledge of Upper Canada which would serve him well in later 
years.^ 

After the evacuation of Philadelphia in September 1778, Alexander McDonell 
made his way to Quebec where his family had settled in the aftermath of the 
surrender of Johnstown. Here he continued to pursue a military career and 
received a lieutenant's commission in Butler's Rangers. In this capacity, he 



34 



Alexander McDonell (Collachie) 



participated in several raids and military excursions including a 1781 
expedition into the Mohawk Valley to reclaim the Johnstown estates 
abandoned by McDonell's family and others.^ In 1783, the Rangers were 
disbanded and McDonell was put on half-pay. Of the years between 1783 
and his relocation to Kingston in 1790, little is known. 

McDonell was first introduced to the realm of provincial administration by 
friend and fellow militia officer John Graves Simcoe. In 1792 the new 
Lieutenant-Governor appointed him Sheriff of the Home District.^ As 
Sheriff his duties were numerous and included all the responsibilities which 
resulted from the every-day conduct of the judicial system such as issuing 
writs, calling juries, making arrests, executing sentences and maintaining 
jails. In addition to these tasks, he also attended the Courts of Quarter 
Session for his district.^ McDonell himself chronicled many of these daily 
activities in his diary for 1 to 9 January 1799.^ Several of the events 
included in these pages provide an insight into the daily workings of Upper 
Canadian administration and contemporary social mores. Indeed, the text 
shows that, as Sheriff, McDonell had contact and was familiar with several 
of the leading and important political figures of his day. He remained 
Sheriff of the Home District until his election to the Speakership in 1805.^° 

Sheriff McDonell was first elected to the House of Assembly in 1800 as the 
representative for the counties of Glengarry and Prescott. However, this was 
not the first time a member of the McDonell family had served in the 
Assembly: Alexander's elder brother Angus served as the first Clerk of the 
House of Assembly from 12 December 1792 until 30 May 1801.^^ The 
extant Journals for this period show that, despite his duties as Sheriff of the 
Home District, he took an active interest in the business of the House. For 
example, during the 1802 session, he was involved in the debate surrounding 
the petition of the Methodists requesting authority for their preachers to 
perform marriage ceremonies. Also during this session, he moved to bring 
in a bill "to authorize the Governor, Lieutenant-Governor, or person 
administering the Government to license Advocates and Attorneys for the 
conduct of legal proceedings in this Province."'^ In 1804, he seconded his 
brother's unsuccessful motion to bring in legislation which would change the 
name of York to Toronto.*^ More important, however, is the fact that it 
was Sheriff McDonell who attempted to bring in a bill which would have 
made provision "for the establishment of schools in each and every District 
within this Province." The motion met with a lively debate and was defeated 
by a vote of seven to five. In response, he then attempted to introduce 



35 



Alexander McDonell (Collachie) 



legislation establishing schools only in selected areas of the province. This 
motion was also defeated by a vote of seven to five.''* 

McDonell was returned to the House in 1805, once again as the member for 
the counties of Glengarry and Prescott and, upon the opening of the fourth 
parliament, he was unanimously elected its Speaker. '^ Despite other 
commitments. Speaker McDonell was often present in the House and 
presided over an Assembly which busied itself with many different issues. 
The question of the establishment and the ftinding of schools within the 
province repeatedly surfaced and was heatedly debated. In fact, the 
discussion on these issues raged over several sessions and culminated in the 
passage of An Act to Establish Public Schools in Each and Every District of 
this Province by a vote of 1 1 to seven. '^ In the course of the 1808 session, 
acts establishing a Court of Common Pleas in the province and one providing 
for the appointment of a judiciary for these courts were considered and 
subsequently passed.'^ Also passed during McDonell's term in the Chair 
were amendments to the Marriage Act and legislation concerning the 
qualification of electors.'* 

While Speaker, McDonell was involved in other, non-parliamentary 
endeavours. Of particular interest is his involvement with Lord Selkirk's 
Baldoon settlement. Although he had resigned his appointment as Sheriff 
upon his election to the Speakership, McDonell continued to act as land agent 
for this settlement during his term in the Chair. He had met Lord Selkirk 
during his 1803 North American. On the death of the settlement's temporary 
agent William Burn in 1804, McDonell was appointed supervisor of the 20 
families that had settled at Baldoon, near Lake St. Clair. His annual salary 
was to be £300.'^ It was McDonell's job to sort out the administrative 
confusion left in the wake of Burn's death and to encourage emigration. As 
he took the Chair in 1805, McDonell was in a rather awkward position: 
committed both to the Assembly and to the overseeing of a colony located 
some miles from the seat of government in York. 

In fact, it was exactly McDonell's inability to be in two places at the same 
time, or to make some provision for interim supervision of the settlement, 
which are credited with causing Baldoon's eventual demise. Even though he 
did attempt to alleviate the colony's worsening health and topographical 
conditions by moving them to Sandwich (Windsor) in 1805, his perceived 
mismanagement, his alleged neglect of the absentee Selkirk's instructions, 
and his distance from the colony were considered factors which aggravated 
rather than alleviated the mounting number of problems.^ Even his role 



36 



Alexander McDonell (Collachie) 



as Speaker of the House did not escape scrutiny, prompting one historian to 
suggest that McDonell was simply "too busy with his new duties as Speaker 
of the House of Assembly to devote much attention to Selkirk's affairs. "^^ 
While he expressed an interest in resigning the position as early as 1807, 
McDonell was not replaced as supervisor until 1809. 

Nevertheless, the Baldoon incident did not affect his legislative career. 
McDonell was returned to the Assembly in 1808 as the member for 
Glengarry. In 1811 he left for England to make a detailed and personal 
report on the supervision of Baldoon to Lord Selkirk. He returned to Upper 
Canada the following year, and upon the outbreak of the War of 1812, the 
former Butler's Ranger was given the rank of colonel in the local militia and 
appointed deputy paymaster general. Although not on active duty during the 
conflict, he was taken prisoner at the capture of Niagara (26 May 1813) and 
was incarcerated in Lancaster, Pennsylvania until 1814.^ 

The end of the war did not bring an end to his involvement in administrative 
matters. In fact, McDonell remained a member of the Legislative Assembly 
until 1816. In addition, he accepted an appointment to the superintendency 
of the Military Settling Department's Perth settlement in 1815. He held this 
position for only one year. In 1816, he became an assistant secretary with 
the Indian Department. The culmination of his administrative career, 
however, came with his appointment to the Legislative Council of Upper 
Canada on 27 January 1831.^ In his later years, McDonell became 
involved in financial matters and, in 1835, served as a Director for the Bank 
of Upper Canada. In fact, McDonell had been one of the original 40 
petitioners who requested incorporation for the Bank of Upper Canada in 
1818.^ During the course of the next few years, however, his health began 
to fail and he died in Toronto on 18 March 1842 at the age of 80. 



Notes 



*The land, 80,000 acres between the East and West Canada Creeks, had been 
given to Sir William Johnson in 1760 by the Six Nations Indians. It has 
been noted that the Highlanders settled as tenants rather than purchasing the 
land as they were "too poor to purchase land of their own. " [Earle Thomas, 
Sir John Johnson: Loyalist Baronet (Toronto: Dundurn Press, 1986), pp. 
50, 63.] 



37 



Alexander McDonell (Collachie) 



See also: Anonymous, "Handwritten History of the family of Allan 
Macdonell of Collachie," Alexander McDonell Estate Papers, Archives of the 
Province of Ontario (AO), pp. 1-5; Rev. Brother Alfred, Catholic Pioneers 
in Upper Canada (Toronto: Macmillan, 1947), pp. 3-4; and J. K. Johnson, 
Becoming Prominent: Regional Leadership in Upper Canada, 1791-1841 
(Montreal: McGill-Queen's University Press, 1989), p. 207. 

^Edmund B. O'Callaghan, ed.. Documents Relative to the Colonial History 
of the State of New York, vol. 8, (Albany, N. Y.: Weed, Parsons & Co., 
1857), pp. 651-652; and Alfred, Catholic Pioneers in Upper Canada, p. 7. 

^Claude Halstead Van Tyne, The Loyalists in the American Revolution (New 
York: Macmillan, 1902), pp. 125-126; Thomas, Sir John Johnson, pp. 
17-22, 24; "Handwritten History," pp. 14-15; and Alfred, Catholic Pioneers 
in Upper Canada, pp. 4-5. 

"*" Alexander McDonell (Collachie)," Diaionary of Canadian Biography, vol. 
7 (Toronto: University of Toronto Press, 1988), p. 554. 

^"Handwritten History," pp. 33, 35; Alfred, Catholic Pioneers in Upper 
Canada, pp. 7-8; and Johnson, Becoming Prominent, p. 207. 

^Dictionary of Canadian Biography, vol. 7, pp. 443, 554; "Handwritten 
History," pp. 35, 41; Alfred, Catholic Pioneers in Upper Canada, pp. 8-9; 
and Johnson, Becoming Prominent, p. 207. 

Frederick H. Armstrong, Handbook of Upper Canadian Chronology and 
Territorial Legislation (London, Ont.: Lawson Memorial Library, University 
of Western Ontario, 1967), pp. 163-164; "Handwritten History," p. 45; and 
Johnson, Becoming Prominent, p. 207. 

^Armstrong, Handbook of Upper Canadian Chronology, p. 149. 

^or the text of McDonell's diary see: "Journal of Sheriff Alexander 
McDonell," Manuscript Collection, AO. A transcript of this journal appears 
in J. E. Middleton and F. Landon, The Province of Ontario: A History, vol. 
II, Appendix A (Toronto: The Dominion Publishing Company, 1927), pp. 
1246-1250. 



38 



Alexander McDonell (Collachie) 



'^"Handwritten History," p. 47; and Alfred, Catholic Pioneers in Upper 
Canada^ p. 14. 

"Armstrong, Handbook of Upper Canadian Chronology, p. 104. 

'^pper Canada, House of Assembly, "Journals of the House of Assembly," 
2nd Session, 3rd Parliament, in Sixth Report of the Bureau of Archives for 
the Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1911), pp. 284, 288-289. 

"Upper Canada, House of Assembly, "Journals of the House of Assembly," 
4th Session, 3rd Parliament, in Sixth Report of the Bureau of Archives, p. 
421. 

'%id., pp. 427-431. 

'^Idem, "Journals of the House of Assembly," 1st Session, 4th Parliament, 
in Eighth Report of the Bureau of Archives for the Province of Ontario, ed. 
Alexander Fraser (Toronto: L. K. Cameron, 1912), p. 5. 

'^Idem, "Journals of the House of Assembly," 3rd Session, 4th Parliament, 
m Eighth Report of the Bureau of Archives, pp. 135, 138, 153, 164, 171, 
242. 

'^Idem, "Journals of the House of Assembly," 4th Session, 4th Parliament, 
in Eighth Report of the Bureau of Archives, pp. 201, 206, 208, 210-213, 

R20, 240, 264-265, 267. 
Idem, "Journals of the House of Assembly," 1st Session, 4th Parliament, 
m Eighth Report of the Bureau of Archives, pp. 38, 39, 44, 63, 73-74, 79; 
and idem, "Journals of the House of Assembly," 3rd Session, 4th Parliament, 
in ibid., pp. 135, 171-173, 176; and idem, "Journals of the House of 
Assembly," 4th Session, 4th Parliament, in ibid., pp. 201, 213-214. 

''Norm Macdonald, Canada 1763-1841: Immigration and Settlement 
(Toronto and New York: Longman Green and Co., 1939), p. 158; 
"Handwritten History," pp. 47-49; Alfred, Catholic Pioneers in Upper 
inada, p. 14; and Dictionary of Canadian Biography, vol. 7, p. 554. 



39 



Alexander McDonell (Collachie) 

^McDonell to Selkirk, letters, 4 May 1805 and 28 July 1805, pp. 14341, 
14347, Selkirk Papers, Vol. 54, Public Archives of Canada; A. E. D. 
MacKenzie, Baldoon: Lord Selkirk's Settlement in Upper Canada, ed. Dr. 
George Kerr (Petrolia, Ont.: Skinner Printing, 1978), pp. 46-54; and 
Macdonald, Canada 1763-1841, pp. 158-60. 

2'Macdonald, Canada 1763-1841, p. 160. 

^Upper Canada, House of Assembly, "Journals of the House of Assembly," 
5th Session, 5th Parliament, in Ninth Report of the Bureau of Archives for 
the Province of Ontario, ed. Alexander Fraser, (Toronto: L. K. Cameron, 
1913), p. Ill; "Handwritten History," p. 50; Alfred, Catholic Pioneers in 
Upper Canada, p. 14; Johnson, Becoming Prominent, p. 207; and Dictionary 
of Canadian Biography, vol. 7, p. 555. 

^Armstrong, Handbook of Upper Canadian Chronology, p. 20; Alfred, 
Catholic Pioneers in Upper Canada, pp. 15-16; and Johnson, Becoming 
Prominent, p. 207. 

^Upper Canada, House of Assembly, "Journals of the House of Assembly," 
2nd Session, 7th Parliament, in Tenth Report of the Bureau of Archives for 
the Province of Ontario, ed. Alexander Fraser, (Toronto: L. K. Cameron, 
1914), pp. 29-30; and Peter A. Baskerville, The Bank of Upper Canada: A 
Collection of Documents, The Carleton Library Series No. 141 (Toronto: 
The Champlain Society in cooperation with The Ontario Heritage 
Foundation, 1987), p. 317. 



40 



Allan McLean 



ALLAN McLEAN 



Of the select group of individuals who held the office of Speaker of the 
Assembly in Upper Canada during the pre-Confederation period, only two 
men could lay claim to presiding over two consecutive parliaments. One was 
David William Smith, the first Surveyor General of the province of Upper 
Canada, who occupied the Chair during the second and third parliaments. 
The other was Allan McLean, who presided over both the sixth and seventh 
Assemblies of Upper Canada. 

McLean was born in Scotland in 1752. He emigrated to North America 
sometime before the outbreak of the American Revolutionary War and served 
in this conflict on the Loyalist side.^ By 1795, he had taken up residence in 
Kingston on 3,000 acres which had been allotted to him under militia 
rights.^ Over the next few years he continued to enlarge his holdings in this 
area and, by 1818, had acquired over 36,000 acres in total through the 
exercise of Loyalist land rights.^ 

He did not restrict his interest to the area of land speculation and was 
involved in both the law and provincial administration. For instance, he was 
one of the first barristers to be enroled in the lists of the Law Society of 
Upper Canada. The date of his registration on the Society's rolls is 7 July 
1794. It is possible that McLean was one of the 16 attorneys appointed by 
Lieutenant-Governor Simcoe in 1797 with the express purpose of establishing 
a core of accredited legal practitioners for the new province of Upper 
Canada.'* In addition to a legal career, on 4 June 1796 he was appointed 
Registrar for Frontenac, Lennox and Addington, Prince Edward and Hastings 
counties. He is listed as carrying out this appointment as late as 1825.^ 
Moreover, in 1794 he had been commissioned as Clerk of the Peace for 
Upper Canada; on 1 January 1800 he was recommissioned as Clerk of the 
Peace for the Midland District.^ 

McLean was first elected to the House in 1804 as the representative for the 
county of Frontenac. Unfortunately, there is scant mention of his 
participation in the business of the House for the period 1804-1811. What 
can be established, however, is that he was returned to the Assembly as the 
member for Frontenac in 1805, 1809 and 1812. It was in 1812 that McLean 
was first elected to the Speaker's Chair. The exact date of this event is 
unknown due to the absence of Journals for 1812 and 1813. The first 
reference to Speaker McLean is found in the Journal entry for 15 February 
1814.^ 



41 



Allan McLean 



McLean first held the office of Speaker of the Assembly during a 
tempestuous period in Upper Canadian history: he presided over the 
Chamber during the years before and after the War of 1812. Unfortunately, 
the Journals for the year 1812 and 1813 are not in existence and can give no 
insight into the business of the House or the actions of its Speaker during this 
period. Of course, it is entirely possible that if Journals for these years were 
discovered, they would show that McLean — as well as many other members 
- attended the House infrequently during the course of the War. The reason 
for this possible absenteeism was simple: like other members of the 
Assembly, McLean joined the provincial militia and served for the duration 
of the hostilities. In 1812, he was awarded the rank of lieutenant-colonel, 
or second in command, of the First Regiment of the Frontenac militia. He 
held this same rank in the Volunteer Incorporated Militia Battalion between 
1813 and 1814.* 

The Journals for 1814-1816 do exist and show that the Assembly over which 
Speaker McLean presided was concerned not only with aspects of provincial 
security but also with social and commercial matters. The House, for 
example, considered a bill dealing with amendments to existing militia laws 
and another which established a framework within which individuals who had 
been recently charged with treason could be tried and punished.' In 
addition, the eligibility of persons seeking election to the Assembly who had 
either deserted during the War or had chosen to return to the United States 
was hotly debated. Pursuant to this debate, the Assembly passed a bill 
prohibiting such individuals from holding a seat in the House. While this 
legislation may be seen as a future precautionary measure, it directly affected 
the composition of the House. As a result of the bill's passage, Abraham 
Markle and Joseph Wilcocks were expelled from the Assembly in February 
1814.^° 

The political aftermath of the War also encouraged the Assembly to consider 
its commercial relationship with the United States. Although it took no 
action to restructure or to dissolve existing trade regulations between the two 
countries, it struck a five-member committee to examine the body of 
legislation governing this relationship.^' Moreover, the perennial issue of 
regulation of public schools in the province surfaced during McLean's initial 
term in the Chair. While the bill was hotly debated, an act to regulate 
common schools was ultimately passed.'^ The jurisdiction of district courts 
and the establishment of a Legislative Library also merited the Assembly's 
consideration during this period.'^ 



42 



AUan McLean 



Perhaps the most interesting incident of McLean's Speakership spanned both 
his terms in the Chair. On 21 February 1816 the Legislative Council sent 
an act it had initiated down to the Assembly for approval or amendments. 
Although this procedure would not in itself anger the Assembly, the act in 
question authorized the imposition of new tax duties in the course of 
providing temporary trade regulations between the United States and Upper 
Canada. A problem then arose over a matter of procedure: the House 
perceived the Council's instigation of a money bill to be an infringement of 
what it considered to be the Assembly's privilege of being the sole originator 
of public money bills.'* The conflict that developed between the two 
legislative bodies over this issue remained unresolved during the sixth 
parliament and was carried over into the following one. 

In March 1818 the Legislative Council sent a similar bill to the Assembly. 
Once again, the House refused to grant approval. Indeed, the Assembly 
passed several resolutions questioning outright the Council's ability to initiate 
such legislation. It was resolved 

that this House consider it as their 
constitutional right to commence all money 
bills, either granting aids and supplies to His 
Majesty or imposing any charge or burthen 
[sic] whatsoever upon the people, and to 
direct, limit, and appoint in such bills the 
ends and purposes, considerations, 
limitations, and qualifications thereof, and 
that such grants, limitations and dispositions 
ought not to be interfered with by 
amendments in the Legislative Council, 
because such has never been permitted by 
the Commons of this Province, nor is it the 
usage and practice of the British Parliament. 



[And] that the Commons have never 
questioned the principle of either 
constitutional right or necessity of the 
concurrence of the Legislative Council in 
passing bills, but do insist that the exercise 
of its judgment and discretion on all bills 



43 



Allan McLean 



granting aids and supplies to His Majesty, or 
imposing burthens [sic] upon the people is 
by uniformly acknowledged precedent 
confined to assent without making any 
amendments, or to the rejection totally [of] 
such bills; and that the admission of a 
contrary principle upon the part of the 
Conmions would be surrendering a 
constitutional right always exercised by this 
House, and from time immemorial by the 
Commons of Great Britain, which this 
House will never consent to.'^ 

The Legislative Council reacted to the House's defiance by adopting its own 
set of resolutions. These maintained that the Members of the Assembly 
were incorrect in basing their reasons rejecting the bill on rights and 
privileges that were the practice of the British House of Commons. 
Furthermore, the resolutions stated that the Assembly was "not justified by 
the words or spirit of the Constitution" in claiming any or all of the British 
parliament's powers, privileges or authority as its own. Those powers and 
privileges possessed by both legislative bodies in Upper Canada stemmed 
from the Constitution and not from any resemblance to the British 
parliament.'^ The Council's resolutions further stated 

That the origin of all supplies in either 
House or exclusively in the House of 
Assembly must be indifferent so long as 
either House retains the power of rejection, 
that the exercise of the right to amend an 
original bill is equally indifferent except that 
without the exercise of that right, or the 
resort to amicable conference between the 
two Houses time is wasted and the public 
service delayed. 

That the House of Assembly did by 
Resolutions, . . . declare that it would not 
accede to any conference on the subject of a 
money bill. 



44 



Allan McLean 



That having no means of interchanging 
opinion with the House of Assembly, but by 
way of conference or amendments, the 
Legislative Council does not consider it 
reasonable that such amendments should be 
treated as a breach of privilege and that 
having declared by its resolutions 
transmitted to the House of Assembly that it 
would forbear amendments to money bills 
such resolution ought to afford reasonable 
satisfaction to the House (even if its 
privilege has been violated) and restore the 
course and harmony of proceeding in the 
public business. ^^ 

Ultimately, the Assembly did approve the 
bill, but only after an adjournment of the • 
Legislative Council had occurred. The 
Members, assuming that such action 
signalled the prorogation of the Assembly, 
voted the money by Address in order "to 
prevent the public inconvenience that might 
follow."^* 

While this problem occupied a great deal of the Assembly's time and efforts, 
it did not monopolize them. In the course of McLean's second term as 
Speaker,'^ the House considered bills providing for the establishment of the 
Bank of Upper Canada,^ the continuance of the provisional agreement 
which existed between Upper and Lower Canada,^* and even the 
acconmiodation of the House of Assembly itself.^ On 14 March 1817 
several members were appointed by the House as Commissioners under the 
Road Act and given responsibility for the maintenance of roads in their 
respective districts. This list included Speaker McLean as Commissioner for 
the Midland District.^ 

McLean again won his seat in the House in 1821. While nominated for the 
position of Speaker, he was not re-elected to a third term.^ After 1824, he 
left the Assembly but continued to carry out his civil commissions. For 
instance, the York Almanac for 1825 cites him as holding several different 
administrative positions: county registrar, member of the land board for the 
Midland District, and trustee of public schools for this same area.^ Little 



45 



Allan McLean 



more can be discerned of his later years. Allan McLean died on 8 October 
1847 at Kingston, Canada West. 



Notes 



^J. K. Johnson, Becoming Prominent: Regional Leadership in Upper 
Canada, 1792-1841 (Montreal: McGill-Queen's University Press, 1989), 
p. 211. 

^"List of Land Allotments, 3 July 1796," Legislative Council Minutes, David 
William Smith Papers, Baldwin Room, Metropolitan Toronto Reference 
Library. 

^Lillian F. Gates, Land Policies in Upper Canada (Toronto: University of 
Toronto Press, 1968), p. 333; and Johnson, Becoming Prominent, pp. 57, 
211. 

'^"Barrister's List," in The Upper Canadian Law Directory for 1857, ed. J. 
Rordans (Toronto: Rowsell, 1858), p. 55, Law Society of Upper Canada 
Archives; Richard A. Preston, ed., Kingston Before the War of 1812: A 
Collection of Documents (Toronto: University of Toronto Press, 1959), p. 
219; Frederick H. Armstrong, Handbook of Upper Canadian Chronology 
and Territorial Legislation (London, Ont.: Lawson Memorial Library, 
University of Western Ontario, 1967), p. 119; and Johnson, Becoming 
Prominent, p. 35. 

^"List of Registrars of Counties," in The York Almanac and Royal Calendar 
of Upper Canada for the Year 1825 (York: Charles Fothergill, 1826), 
p. 120; and Johnson, Becoming Prominent, p. 211. 

^Armstrong, Handbook of Upper Canadian Chronology, p. 175; and 
Johnson, Becoming Prominent, p. 211. 

^pper Canada, House of Assembly, "Journals of the House of Assembly," 
3rd Session, 6th Parliament, in Ninth Report of the Bureau of Archives for 
the Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1912), p. 103; and Debra Forman, comp. and ed.. Legislators and 
Legislatures of Ontario, vol. I, 1792-1866 (Toronto: Research and 
Information Services, Legislative Library, 1984), p. 39. 



46 






Allan McLean 



^Preston, Kingston Before the War of 1812, p. 219; and Johnson, Becoming 
Prominent, p. 219. 

I iJpper Canada, House of Assembly, "Journals of the House of Assembly," 
3rd Session, 6th Parliament, in Ninth Report of the Bureau of Archives, 
pp. 112, 113, 126-129, 131-132, 138, 149-150. 

^*lbid., pp. Ill, 114, 125, 129, 133; and Forman, Legislators and 
Legislatures, pp. 38-39. 

"Idem, "Journals of the House of Assembly," 5th Session, 6th Parliament, 
in Ninth Report of the Bureau of Archives, p. 173. See also: idem, 
"Journals of the House of Assembly," 2nd Session, 7th Parliament, in ibid., 
pp. 509, 537, 541, 542. 

^^Ibid., pp. 171, 208-209, 213, 220, 261, 264. > 

"Ibid., pp. 177, 180, 185, 207. 

'*Ibid., pp. 192-198. 

^^Idem, "Journals of the House of Assembly," 2nd Session, 7th Parliament, 
in ibid., p. 547. 

'^Jb'id., p. 549. 

^'Ibid. 

'%id., pp. 561-562. 

'^e had been re-elected to the Chair in an unanimous vote on 4 February 
1817. [Idem, "Journals and Proceedings of the House of Assembly," 1st 
Session, 7th Parliament, in Ninth Report of the Bureau of Archives, p. 312.] 

^bid., pp. 352, 353, 361, 379, 383, 395, 397, 410, 420; idem, "Journals 
of the House of Assembly," 2nd Session, 7th Parliament, in Ninth Report of 
the Bureau of Archives, pp. 29-30, 53; and idem, "Journals of the House of 
Assembly," 4th Session, 7th Parliament, in Tenth Report of the Bureau of 
Archives for the Province of Ontario, ed. Alexander Fraser (Toronto: L. K. 
Cameron, 1914), pp. 110, 187, 191-192. 



47 



Allan McLean 



^^Idem, "Journals of the House of Assembly," 2nd Session, 7th Parliament, 
in Ninth Report of the Bureau of Archives, pp. 509, 537, 541, 542. 

^Idem, "Journals of the House of Assembly," 1st Session, 7th Parliament, 
in Ninth Report of the Bureau of Archives, pp. 328, 467-468, 474. 

2^Ibid., pp. 374-375. 

^Idem, "Journals of the House of Assembly," 1st Session, 8th Parliament, 
in Tenth Report of the Bureau of Archives, p. 267. 



25 



The York Almanac, pp. 120, 121, 122. 



48 



Levius Peters Sherwood 




Levius Peters Sherwood 
1821-1824 

Portrait by Theophile Hamel 



Levius Peters Sherwood 



LEVIUS PETERS SHERWOOD 

Levius Peters Sherwood was born 12 December 1777 at St. John's, 
Quebec.^ As the second son of a United Empire Loyalist militia captain, it 
is not surprising that Sherwood would do as many other men of his day had 
done and join the provincial militia. His career, however, was not to be 
made in the military. Although he held several public administrative offices 
during his lifetime, he chose to pursue law as his profession. It is for his 
contributions to the judiciary that he is best known. He articled with his 
elder brother Samuel who, in 1796, had become the first lawyer in the 
eastern district of Johnstown. Upon his call to the Bar in 1803, Levius 
Sherwood became only the second practising lawyer in the area.^ Shortly 
after his call to the Bar, he took up residence in Brockville. It was here that 
he began his distinguished legal career and also became involved in public 
administration. 

The early years of his career were characterized by the interests in law and 
public service that were to mark his years as a member and Speaker of the 
House of Assembly of Upper Canada. Indeed, the number and types of 
appointments awarded to Sherwood between 1801 and 1812 show not only 
his talent in legal and administrative areas but also his growing importance 
in Upper Canadian society. His first civil commission came in 1801 when 
he was named collector of customs for Brockville. He kept this office for 
over 20 years. On 20 May 1801 he was named registrar for Leeds and 
Carleton counties.^ As witii his position of customs collector, Sherwood 
kept this office until his appointment to the Court of King's Bench in 1825 
forced him to resign.* In addition to these local administrative 
responsibilities, Sherwood was involved with the provincial militia prior to 
his entrance to the Assembly in 1812. By 1808 he held the rank of captain 
in the Leeds Militia. He was promoted to the rank of lieutenant-colonel and 
awarded command of the incorporated militias of the Eastern and Johnstown 
districts in 1812.^ He received one more civil commission before his 
election to the Assembly. On 16 March 1812, Sherwood received his first 
judicial appointment and was named to the bench of the Surrogate Court of 
the Johnstown District.^ 

He was first elected to the House of Assembly of Upper Canada in 1812 as 
a representative for Leeds County. However, it was not during the sixth 
parliament that he was to make his mark on the Legislature. In fact, the 
extant Journals for this period contain few references either to Sherwood's 
attendance or to his participation in the business of the House. These 



49 



Levitts Peters Sherwood 



omissions can perhaps be explained when the demands of his military and 
judicial duties are taken into account. Indeed, his command of the combined 
militias of the eastern districts would, as the events of 1812-1814 unfolded, 
place greater and growing demands on his time and attention. Furthermore, 
it is likely that Sherwood's judicial responsibilities also hindered his ability 
to attend the House on a regular basis. 

Nevertheless, the Journals show that Sherwood was in attendance during 
some of the sessions and he is usually noted for speaking out against 
government measures that he considered unjust. For example, late in 1813 
the government introduced martial law in the eastern districts of Upper 
Canada in order to circumvent a crisis over rising food prices and the 
availability of food stuffs for the soldiers garrisoned in the area. Sherwood, 
whose riding of Leeds was at the heart of the eastern district, successfully 
moved for the government to rescind its declaration as it was 
"unconstitutional and contrary to and subversive of the established laws of 
the land."^ Unfortunately, the existing Journals give little additional 
information on his actions during this parliament. 

The years between the dissolution of the sixth parliament in 1816 and his 
re-election to the Assembly in 1821 were typical of Sherwood's career 
encompassing both the military and the law. In conjunction with his brother, 
he served as the counsel for the defence at the trial of the Red River rioters 
in 1818.* In 1820, he was once again appointed to a judicial body and was 
made a judge of the Johnstown District court.^ Also in 1820, Sherwood was 
promoted to the rank of colonel of the First Regiment of the Leeds militia in 
recognition of his service as a commander during the War of 1812.^° 

Sherwood reacquired his seat in the House of Assembly in 1820 as a member 
for the county of Leeds. It was in this parliament that Sherwood would take 
a more prominent role in the business of the House: on 2 February 1821 he 
was elected Speaker. He was the fourth candidate nominated for the 
position; Robert Nichol and former Speakers Alexander McDonell and Allan 
McLean had also been put forward but had failed to gain the approval of the 
House. '^ Sherwood held the office until the dissolution of the Assembly in 
1824. 

The House dealt with several issues during Sherwood's term as Speaker. 
Monetary and commercial matters figured prominently in the daily agenda. 
Members debated and passed bills to establish a uniform currency in the 
province'^ and to provide for the issue of small notes. ^^ During this 



50 



Levius Peters Sherwood 



Parliament the financial arrangement between Upper Canada and Lower 
Canada was called into question. An agreement regarding the imposition and 
collection of tariffs and duties had existed between the two provinces in 
various forms since 1797. In 1819, the Assembly of Upper Canada had 
recessed without renewing the agreement; it had been hoped that the Lx)wer 
Canadian Assembly would deal with the issue but they had not. Thus, since 
the collapse of the agreement. Upper Canada had been without much-needed 
revenues from the taxes collected at Lower Canadian ports. The province 
soon acquired a substantial debt and, by 1821, was in desperate need of these 
tax supplements. That year, the Assembly set up a legislative committee to 
inquire into the matter of arrearage which had not been paid to Upper 
Canada. The report submitted by the committee detailed the history of the 
tax agreement between Upper and Lower Canada and chronicled the 
difficulties experienced in trying to settle the matter of the outstanding 
payments. While the conmiittee did not resolve the matter, it did prepare a 
plan for arbitration of the dispute: a three-member panel would be set up to 
settle the question. The panel would have one member each from Upper and 
Lower Canada and the third member would be chosen by the Governor of 
Nova Scotia or New Brunswick.^'* 

In addition to presiding over the debates concerning these questions of 
conmierce. Speaker Sherwood was forced to break a deadlock on a 
potentially volatile issue. During the House's third session, a bill was 
introduced which sought to ban the Orange Lodge from Upper Canada. ^^ 
Political tension had been growing rapidly between the Irish immigrants who 
were members of the Lodge and the political establishment, and the proposed 
legislation was seen as a means of curtailing the conflict. The bill was 
supported by many members, particularly those of the eastern districts where 
the conflict was greatest. The vote on the second reading of the bill was 
split, thus forcing Speaker Sherwood to settle the issue. Although it might 
have been politically expedient for him to vote in favour of the motion as he 
himself represented a riding in the eastern district, Sherwood cast his vote 
against the motion citing a preference to solve the problem through other 
unspecified methods.^* 

Perhaps the most noteworthy occurrence of his term in the Chair concerns 
the debate over the eligibility of Barnabas Bidwell to hold a seat in the 
Assembly. ^^ Bidwell had emigrated to Upper Canada from Massachusetts 
in 1811 . While in the United States, he had held both a seat in Congress and 
the office of Attorney General of Massachusetts. Bidwell had stood as a 
candidate for the county of Lennox and Addington in the 1821 Upper 



51 



Levius Peters Sherwood 



I 



Canadian by-election and had been duly elected. In the opening days of the 
second session, however, his election was contested by Timothy Storing. 
The petition cited BidwelFs American citizenship as an obstacle to his 
becoming a member of the Assembly. It was argued that as a citizen of the 
United States and a member of the American Congress, Bidwell had vowed 
to uphold that country's republican constitution and had thus abjured all 
allegiance to Britain.^* Because of this allegiance, the petition concluded, 
Bidwell could not sit as a member of the House. A debate on the "alien" 
question quickly followed this motion; ultimately, his election was declared 
void and Bidwell was not allowed to take a seat in the Assembly.^' 

Not all the events of Sherwood's speakership were of a parliamentary nature. 
On 19 March 1821, some six weeks after he assumed the Chair, he was 
appointed a judge of the court of the Eastern District of Luneburg. The 
Speaker of the House served in this capacity during the recess between the 
first and second sessions of the eighth parliament (15 February 1821 to 20 
November 1821).^ In fact, he held this appointment throughout his term 
as Speaker and did not resign until some 18 months after the dissolution of 
the Legislature in 1824.^* 

In 1825, Sherwood was not returned to the Legislature but continued his 
career in the judiciary. On 17 October 1825, he was appointed a puisne, or 
associate judge, of the Court of King's Bench. ^ Over the course of his 14 
years as a judge of this court he developed a reputation for being 
conservative but fair in his judgements, a man "given to take an equitable 
view of matters when it was possible to do so and still [uphold] the principles 
of law that then prevailed."^ After his retirement from the judiciary in 
1839, Sherwood remained active in the political and administrative life of 
Upper Canada. In 1841, he was named a member of the council of King's 
College in Toronto. On 19 August 1842 he was appointed to the Legislative 
Council. An appointment to the Executive Council followed on 1 November 
1843.2^ 

Levius Peters Sherwood lived long enough to see his sons Henry and George 
enter the Legislature and begin distinguished political careers. He died in 
Toronto in May of 1850 at the age of 73. 



52 



Levius Peters Sherwood 



Notes 



^J. K. Johnson, Becoming Prominent: Regional Leadership in Upper 
Canada, 1791-1841 (Montreal: McGill-Queen's University Press, 1989), p. , 
225; and "Levius Peters Sherwood, " Dictionary of Canadian Biography, vol . j 
7 (Toronto: University of Toronto Press, 1988), p. 795. 

^"Barristers' Roll," TTie Upper Canadian Law Directory for 1857, ed. J. 
Rordans (Toronto: Henry Rowsell, 1856), p. 55, Law Society of Upper 
Canada Archives; Ruth MacKenzie, Leeds and Grenville, Their First 200 
Years (Toronto: McClelland and Stewart, 1967), p. 117; and Dictionary of 
Canadian Biography, vol. 7, p. 795. 

^"List of Registrars of Counties," The York Almanac and Royal Calendar for 
Upper Canada for the Year 1825 (York: Charles Fothergill, 1825), p. 120; 
Frederick H. Armstrong, Handbook of Upper Canadian Chronology and 
Territorial Legislation (London, Ont.: Lawson Memorial Library, University 
of Western Ontario, 1967), p. 143; and Johnson, Becoming Prominent, pp. 
18-19. 

^Johnson, Becoming Prominent, p. 19. 

%id., pp. 225-226; and Dictionary of Canadian Biography, vol. 7, p. 795. 

''"List of Judges of Surrogate Courts," in York Almanac, p. 119; and 
Armstrong, Handbook of Upper Canadian Chronology, p. 159. 

Donald Harman Akenson, The Irish in Ontario: A Study in Rural History 
(Montreal: McGill-Queen's University Press, 1984), pp. 123-124. 

^. B. Read, The Lives of the Judges of Upper Canada and Ontario, from 
1791 to the Present Time (Toronto: Rowsell and Hutchinson, 1888), p. 101. 

'Armstrong, Handbook of Upper Canadian Chronology, p. 158; and 
Johnson, Becoming Prominent, p. 19. 

^""Militia List," in York Almanac, p. 131; and Johnson, Becoming 
Prominent, p. 226. 



53 



Levius Peters Sherwood 

^'Upper Canada, House of Assembly, "Journals of the House of Assembly," 
1st Session, 8th Parliament, in Tenth Report of the Bureau of Archives for the 
Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1914), p. 267; and Debra Forman, comp. and ed.. Legislators and 
Legislatures of Ontario, vol. 1, 1792-1866 (Toronto: Research and 
Information Services, Legislative Library, 1984), pp. 45, 52. 

*%id., pp. 286, 325, 326, 334, 335, 362-366, 510-512. 

^%id., pp. 352, 363, 379, 381. 

^*Idem, "Journals of the House of Assembly," 2nd Session, 8th Parliament, 
in Eleventh Report of the Bureau of Archives for the Province of Ontario, 
ed. Alexander Fraser (Toronto: A. T. Wilgress, 1915), pp. 50-52, 53, 54, 
55,96-115. 

^^Idem, "Journals of the House of Assembly," 3rd Session, 8tji Parliament, 
in Eleventh Report of the Bureau of Archives, p. 321. 



161 



'Ibid., pp. 372, 385-386; and Akenson, The Irish in Ontario, pp. 170-171. 

^^For a more detailed discussion of the events surrounding the Bidwell 
elections and the "alien" question, see: William Renwick Riddell, "The 
Bidwell Elections: A Political Episode in Upper Canada a Century Ago," 
Ontario Historical Society Papers and Records 21 (1924): 236-244; and 
David Mills, The Idea of Loyalty in Upper Canada, 1784-1850 (Montreal: 
McGill-Queen's University Press, 1988), pp. 36-37. 

^*Upper Canada, House of Assembly, "Journals of the House of Assembly," 
2nd Session, 8th Parliament, in Eleventh Report of the Bureau of Archives, 
pp. 7-9, 29-31, 36, 37; and Riddell, "The Bidwell Elections," pp. 236-237. 

*%id., pp. 237-238. 

^Johnson, Becoming Prominent, p. 226; and Armstrong, Handbook of Upper 
Canadian Chronology, p. 21. 

^'Armstrong, Handbook of Upper Canadian Chronology, p. 158. 



54 



Levius Peters Sherwood 

^ead. Lives of the Judges of Upper Canada, p. 102; Armstrong, Handbook 
of Upper Canadian Chronology, p. 110; and MacKenzie, Leeds and 
Grenville, p. 118. 

^Read, Lives of the Judges of Upper Canada, pp. 103-105. 

^Dictionary of Canadian Biography, vol. 7, p. 795. 



55 



John Willson 




John Willson 
1825-1828 

Portrait by Theophile Hamel 



John Willson 



JOHN WILLSON 

John Willson was born on 5 August 1776 in New Jersey, then one of the 
Thirteen Colonies. The exact date of his emigration to Upper Canada is 
unknown; a land petition dated 16 June 1806 places it around 1793 while 
other sources suggest 1790 as the possible date. In any event, by 1796 he 
had arrived in Upper Canada, settled in Saltfleet Township and had 
established himself as a prosperous farmer.^ 

Unlike many of the other men who were eventually elected to the Assembly, 
Willson did not possess a great many civil commissions. In fact, prior to his 
election to the House, he held only one - that of Justice of the Peace for the 
Home District. He received this appointment on 1 July 1796.^ It was not 
until many years later, on 25 March 1811, that he would acquire a similar 
appointment to the position of Justice of the Peace for the Gore District. As 
a prominent Methodist, it was unlikely that Willson would have received any 
significant civil or administrative positions in the Anglican-dominated public 
service. Indeed, it has been noted that he was the only Methodist member 
of the House of Assembly ever to hold a public service appointment of any 
real status.^ 

Willson's long political career began in 1808 when he stood as a candidate 
in a by-election for the West Riding of York. He represented what he later 
called "the Opposition," that is a group of "dissenting religious people, 
particularly Presbyterians, Methodists, Baptists, Mennonites and Tunkers."* 
This group of "dissenters" sought to send someone to the Assembly who 
would voice their desire for religious toleration and liberty. Although a 1798 
statute had granted comparable rights to Lutherans and Calvinists, the 
preeminence of the Church of England in the society and politics of Upper 
Canada assured that other non-Anglican sects were accorded few basic 
political and social rights or privileges. For example, marriages performed 
by non- Anglican clergy were not recognized as legal, and it was difficult for 
a non-Anglican to secure a seat in the Assembly.^ Willson, a local 
Methodist leader, was elected by a large majority. It was not long, however, 
before even this small victory was challenged on the grounds that he was a 
"Teacher and a Preacher" and "on that account is rendered ineligible."** 
Willson's election was not overturned and he was able to take his seat in the 
Assembly.^ Not surprisingly, he became an advocate of civil and religious 
liberty during the final sessions of the fifth parliament. 



56 



To/in Willson 



Willson was returned to the House in 1812. Unfortunately, the lack of 
Journals for 1812 and 1813 prevents a detailed assessment of his performance 
in the House during this period. Of course, it is probable that he, like many 
other members of the sixth parliament, was not in attendance during these 
years due to the outbreak of the War of 1812. From 1812 to 1814, Willson 
served as a captain in the Third Regiment of the York Militia.* In the 
remaining sessions of the sixth parliament Willson often participated in the 
daily business of the House. In fact, he was involved in several of the most 
important issues debated during this period. For example, on 26 February 
1814, he was the only member to vote against a bill which would have 
provided for the suspension of the writ of habeas corpus.^ Willson 
introduced the Common Schools Bill which provided for the regulation and 
public support of schools throughout the province.^'' He had a great interest 
in the subject of education and had acted as co-author of the legislation. 
Although initially opposed by many members, the Common Schools Bill was 
eventually passed and, on 1 April 1816, became the first such law in Upper 
Canada.'^ 

Even though he was unsuccessftil in the 1817 general election, Willson was 
elected to the House as the member for Halton in an 1819 by-election.^^ 
However, he was not idle during this short sabbatical. During this period he 
continued to execute his duties as Inspector of Licences and Justice of the 
Peace for the Home and Gore Districts. ^^ Willson won seats in the eighth 
and ninth parliaments. When the latter convened on 11 January 1825, he 
was elected to the office of Speaker. 

During the course of his term in the Chair, the Assembly dealt with several 
important and potentially volatile issues. As it had in the previous 
parliament, the "alien" question frequently dominated the Assembly's agenda. 
The Bidwell incident had focused attention on the question of the political 
rights of American citizens residing in Upper Canada. As a consequence, 
Willson presided over an Assembly which hotly debated the political and 
property rights entitled to American residents.^"* Indeed, several petitions 
requesting the passage of legislation which would provide for the 
naturalization of American residents were brought before the House. 
Ultimately, it was resolved that the provincial parliament did not have the 
power to enact such legislation.'' Furthermore, government support for 
public works such as the Welland Canal was discussed during Willson's 
Speakership. At this time, the Welland Canal Company was not only given 
permission by the Assembly to begin construction, but it was also voted a 



57 



John Willson 



monetary subsidy in the form of one-ninth of the total construction expenses 
incurred by the Company/** 

Perhaps the most notable event to occur during Willson's tenure as Speaker 
concerned the Assembly itself. In 1824 a fire destroyed one wing and most 
of the main parliament building. Due to the necessity of quickly finding an 
alternative home for the Assembly, the newly built but as yet unoccupied 
York Hospital was chosen as interim accommodation. The Hospital served 
as a make-shift parliament building until 1828.'^ Not surprisingly, the 
Journals for this parliament make numerous references to the necessity for 
the construction of a new parliament building. For instance, reports on the 
extent of the damage to the original building and the cost of construction 
were presented to the House and debated.'* During the second session, 
£10,000 was provided for the construction of a new building during the 
second session. '' In addition, the Trustees of the York Hospital ~ who 
were anxiously awaiting the return of their building ~ petitioned the 
Assembly in 1828 for aid to the hospital "in return for the temporary 
occupation of their building."^ 

Willson was not re-elected to the Speakership even though he was returned 
to the House on two more occasions, in 1829 and 1830. His departure from 
the Assembly in 1834 did not totally remove him from political or 
administrative circles. On 21 June 1838 he was appointed to the bench of 
the Surrogate Court of the Gore District.^' Although he was reluctant to 
accept the appointment, on 11 December 1839 he was named a member of 
the Legislative Council.^ In his 1840 Address to the Inhabitants of the 
District of Gore, he stated that there were only two reasons that induced him 
finally to accept the position: 

The first [reason] was ~ that seeing our Constitution and Government were 
about to pass away from us, I thought it dastardly in me not to record my 
testimony against it; and in the second place ... the laws relating to, and 
authorising the raising and collection of the internal revenue, had become 
totally inefficient for the purposes intended; and although I had stated the 
case at full length to the Government at the previous session ... I was led 
to believe that if I was present and exerted myself, I would be able to 
procure the revision of them.^ 

Willson joined the Council in time to make his views known on another 
important issue, namely the union of the provinces. He opposed the union 



S8 



John Willson 



and voted accordingly. This action cost him reappointment to the Council 
after the declaration of the union was made on 10 February 1841.^ 

After 1841, John Willson retired ft"om public life and returned to his farm 
in Saltfleet Township. He died there on 26 May 1860 at the age of 84. 



Notes 



^J. K. Johnson, Becoming Prominent: Regional Leadership in Upper 
Canada, 1792-1841 (Montreal: McGill-Queen's University Press, 1989), pp. 
55, 236; and "John Willson," Dictionary of Canadian Biography ^ vol. 8 
(Toronto: University of Toronto Press, 1985), p. 945. 

^Johnson, Becoming Prominent, p. 236. 

'Ibid., p. 33. 

^John Willson, Address to the Inhabitants of the District of Gore (Hamilton, 
Upper Canada: Rutheven's Book and Job Office, 1840), pp. 3-4, Manuscript 
Collection, Baldwin Room, Metropolitan Toronto Reference Library. 

%id., p. 4. 

^Richard Beasley and William Applegarth to William G. Hepburn, Returning 
Officer, letter, 11 April 1809, Public Archives of Canada (PAC). See also: 
Richard Hatt to William G. Hepburn, letter, 11 April 1809, PAC; Upper 
Canada, House of Assembly, "Journals of the House of Assembly," 2nd 
Session, 5th Parliament, in Eighth Report of the Bureau of Archives for the 
Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1912), p. 362; Willson, Address to the Inhabitants, pp. 4-5; and Dictionary 
of Canadian Biography, vol. 8, p. 945. 

^Upper Canada, House of Assembly, "Journals of the House of Assembly," 
2nd Session, 5th Parliament, in Eighth Report of the Bureau of Archives, 
p. 284. 

^Johnson, Becoming Prominent, p. 236. 



59 



John Willson 

'Upper Canada, House of Assembly, "Journals of the House of Assembly," 
5th Session, 6th Parliament, in Ninth Report of the Bureau of Archives for 
the Province of Ontario, ed. Alexander Fraser (Toronto: L. K. Cameron, 
1913), p. 122; and Dictionary of Canadian Biography, vol. 8, p. 945. 

*^pper Canada, House of Assembly, "Journals of the House of Assembly," 
5th Session, 6th Parliament, in Ninth Report, pp. 171, 208, 209, 213, 220, 
261, 264. 

"Willson, Address to the Inhabitants, pp. 6-7. 

'%id., p. 11; and Dictionary of Canadian Biography, vol. 8, p. 945. 

^^Johnson, Becoming Prominent, p. 236. 

^^Upper Canada, House of Assembly, Journals of the House of Assembly, 
2nd Session, 9th Parliament (York, Upper Canada: W. L. Mackenzie, 1826), 
pp. 12, 16, 20, 29, 32, 37, 53, 69, 72, 73, 74, 75, 86, 87-89, 91, 118; and 
idem. Journals of the House of Assembly, 3rd Session, 9th Parliament (York, 
Upper Canada: W. L. Mackenzie, 1828), pp. 25, 33, 34, 54, 69, 71, 85. 

''Ibid., pp. 98-99. 

"Upper Canada, House of Assembly, Journals of the House of Assembly, 1st 
Session, 9th Parliament (York, Upper Canada: W. L. Mackenzie, 1825), 
pp. 63, 68, 70, 71; and idem. Journals of the House of Assembly, 2nd 
Session, 9th Parliament, p. 25. 



*^See: Edith G. Firth, ed.. The Town of York, 1815-1834 (Toronto: 
University of Toronto Press, 1966), pp. xxi, 15, 17-18, 20, 268; W. G. 
Cosbie, The Toronto General Hospital, 1819-1965 (Toronto: Macmillan, 
1975), p. 11; and C. K. Clarke, A History of the Toronto General Hospital 
(Toronto: William Briggs, 1913), pp. 37-41. 

"Upper Canada, House of Assembly, Journals of the House of Assembly, 
2nd Session, 9th Parliament, pp. 13, 14, 94, 96, 99, 104, 106. 

'%id., pp. 108, 113. 



I 



60 



John Willson 

^dem. Journals of the House of Assembly, 4th Session, 9th Parliament, 
pp. 116, 117, 130,544. 

^iprederick H. Armstrong, Handbook of Upper Canadian Chronology and 
Territorial Legislation (London, Ont.: Lawson Memorial Library, University 
of Western Ontario, 1967), p. 162; and Johnson, Becoming Prominent, 
pp. 236-237. 

^^illson. Address to the Inhabitants, pp. 14-15; Armstrong, Handbook of 
Upper Canadian Chronology, p. 33; and Johnson, Becoming Prominent, 
pp. 40, 237. 

^Willson, Address to the Inhabitants, p. 15. 

^Ibid.; and Dictionary of Canadian Biography, vol. 8, p. 946. 



61 



Marshall Spring Bidwell 



\ 




Marshall Spring Bidwell 
1829-1830; 1835-1836 

Portrait by Theophile Hamel 



Marshall Spring Bidwell 



MARSHALL SPRING BmWELL 

Marshall Spring Bidwell was born in Stockbridge, Massachusetts on 
16 February 1799. In 1811 his family emigrated to Upper Canada, settling 
at Bath near Kingston, Bidwell was educated both at local schools and by his 
father Barnabas Bidwell.^ Unlike other men who were eventually to hold 
public office, the young Bidwell did not participate in any military capacity 
during the War of 1812 but rather continued to pursue his education.^ In 
1816 he became a student of law and, in the same year, articled with 
Washburn and Hagerman in Kingston, where he then resided. In 1821 he 
was called to the Bar.^ 

During this same year, an incident occurred that was to set the tone of the 
younger Bidwell's early political career.'* Before his emigration to Canada, 
Barnabas Bidwell had been a politician and had held both a seat in Congress 
and the office of Attorney General of Massachusetts.^ In the 1821 
by-election in Upper Canada, he was elected to the Assembly as member for 
the county of Lennox and Addington. His election was subsequently 
contested on grounds of an alleged misappropriation of public funds while he 
was treasurer of Berkshire County, Massachusetts. More importantly, it was 
argued that the elder Bidwell was a citizen of the United States who, as a 
member of the American Congress, had vowed to uphold the country's 
republican constitution and thus had abjured all allegiance to the British 
crown.^ This "alien" question was vigorously and emotionally debated in 
the Assembly; ultimately, Barnabas' election was declared void and he was 
prevented from taking his seat in the House.^ 

In the 1822 by-election Marshall attempted to gain his father's lost seat. But, 
as in the case of his father, he was elected only to be declared ineligible to 
hold office due to his American allegiance. Prejudice against Bidwell was 
quick to surface in the course of the by-election and the events which 
followed it. During the course of the resulting by-election in 1823, votes 
cast in his favour were excluded from the count by the returning officer thus 
forcing the Legislative Assembly again to nullify the election. It was not 
until the general election of 1824 that votes for Bidwell were included in the 
final tally by the returning officer.* As a result, he was again elected to the 
Legislature. However, the act of being elected was not enough to send 
Bidwell to the House. A petition had to be received from the Colonial Office 
in London which formally established Bidwell's fulfilment of the residency 
requirement and his allegiance to the British crown. In addition, a statute 
prohibiting citizens of the United States from holding seats in the Upper 



62 



Marshall Spring Bidwell 



Canadian Assembly had to be repealed. Only after these steps had been 
taken was he welcomed into the House as Member for Lennox and 
Addington.' He held this seat for the next 12 years. 

Once in the Legislature, Bidwell became a leading Reformer who frequently 
spoke out against the "Family Compact," a phrase he may be credited with 
creating. Although William Lyon Mackenzie is most often cited as 
originating this phrase in 1833, it can be shown that Bidwell employed it 
several years earlier in a letter to Dr. Warren Baldwin of 1828.'° During 
the course of the eighth parliament, Bidwell took a lead in advocating the 
abolition of the law of primogeniture by introducing several bills which 
provided for the equal division of intestate estates. He supported the 
adoption of bills on issues including the abolition of imprisonment for debt 
and the broadening of laws governing the solemnization of marriage.'' In 
1828, he was appointed chairman of the Legislature's select committee 
charged with studying the extent of ecclesiastic domination (primarily 
Anglican) in Upper Canadian society. The report tabled by the committee 
identified the school system as an area that was labouring under a great deal 
of church influence and recommended the creation of an educational system 
free from religious distinctions. Bidwell, a Presbyterian, strongly supported 
such a view.'^ 

The general election of 1829 returned Bidwell and a Reform majority to the 
Legislative Assembly. It was the first majority the Reformers had held since 
the creation of the House in 1792.'^ After the nomination of John Willson 
for the Speakership failed to gather support, Bidwell was nominated and duly 
elected to the Chair. "^ It was from this position in the Legislature that he 
led the Reform party until the dissolution of the House the following year.'^ 
Although restricted by the nature of the office of Speaker, he continued to 
support those causes which had demanded his attention during the previous 
Assembly. 

This is not to suggest that during his term as Speaker Bidwell was able to 
concentrate solely on such matters. On the contrary, the controversy over 
Francis Collins demanded much of his attention during the 1829 session. 
Collins, the editor of the York Canadian Freeman, had been imprisoned for 
libel. This incident had sparked demonstrations including one in Hamilton 
in which the new Lieutenant-Governor, Sir John Colbourne, was hung in 
effigy. As a consequence, a legislative committee of enquiry was formed to 
investigate the incident. The committee heard from several witnesses 
including Allan Napier MacNab, then a prominent Hamilton lawyer. In the 



63 






Marshall Spring Bidwell 



course of the proceedings, MacNab refused to answer several of the 
committee's questions and was brought before the Bar of the House. Rather 
than apologize for his reticence, MacNab used the opportunity to speak out 
against the actions of the committee. Bidwell jailed MacNab for ten days 
citing "high contempt and breech of the privileges of the . . . House of 
Assembly" as reasons.'^ 

The Member for Lennox and Addington was returned in 1830 but the 
Reform majority was not. Bidwell resumed his position as floor leader of 
the Reform party and continued to be an active member of the House. In 
1831 and 1832 he spoke out against the expulsion of William Lyon 
Mackenzie; later, he succeeded in passing a bill concerning intestate estates; 
and, he introduced a bill advocating the sale of clergy reserves to finance a 
non-denominational education system of the type that had been advocated by 
the select committee he had chaired three years before.'^ It was also during 
this parliament that he took up the cause of representative government, 
becoming a supporter of greater popular input into government at both the 
levels of the Legislative Assembly and Legislative Council.^* 

Bidwell was elected to the 12th Legislative Assembly in January 1835 and 
was once again nominated for the Speakership. Although the Tories 
attempted to portray him as disloyal due to his associations with men such 
as the radical Mackenzie and his perceived pro-American bias, he was 
elected to the position, thus confirming the strength of the Reform faction in 
the House. ^^ He held the position for 16 months, until the dissolution of 
the Assembly in April 1836. It was during Bidwell's term as Speaker that 
the new Lieutenant-Governor, Sir Francis Bond Head, arrived in Upper 
Canada. He had been sent by the Colonial Office specifically to deal with 
the grievances listed in The Seventh Report of the Select Committee of the 
House of Assembly on Grievances, chaired by William Lyon Mackenzie. 
The Report targeted specific problems in the administration of the province, 
particularly the issues of patronage and government salaries. The 
relationship between Bidwell and Head was, at best, strained.^ Indeed, the 
Speaker of the House could not but fail to endear himself to the new 
Lieutenant-Governor when he informed him that several valid grievances had 
been omitted from the Report received by the Colonial Office and by 
fervently stressing that these omissions should also command the attention of 
the Lieutenant-Governor. Such action served only to deepen the distrust 
Head had for the Speaker, whom he considered to be a republican.^* 



64 



Marshall Spring Bidwell 



While Bidwell was not elected to the Assembly in July of 1836, his departure 
from the political arena did little to change his relationship with the 
Lieutenant-Governor. In the fall of the same year, Head refused to appoint 
Bidwell to a seat on the Court of King's Bench despite both the 
overwhelming qualifications he possessed for the position and, more 
important, the endorsement of the Colonial Office.^ It was not until after 
the Rebellion of 1837, however, that the tension between Bidwell and Head 
reached its peak. On 7 December 1837 a banner bearing the words "Bidwell 
and the Glorious Minority 1837, A Good Beginning" was found at 
Montgomery's tavern. The allegedly incriminating banner was seized and 
the incident related to the Lieutenant-Governor, who, despite Bidwell's 
protestations of innocence, refused to believe that the man who had once led 
the Reform party in the House was not involved in the events of 1837.^ 
Head accused Bidwell of complicity with the rebels and strongly advocated 
that he leave the province. Although it was established that the banner had 
been simply an 1831 election banner converted for the occasion, Bidwell 
chose to return to New York.^ 

In New York, Marshall Spring Bidwell took up the practice of law and 
established himself as a specialist in civil cases. It was here that he died on 
24 October 1872. 



Notes 



'C. B. Sissons, "The Case of Bidwell: Correspondence Connected with the 
'Withdrawal' of Marshall Spring Bidwell from Canada," Canadian Historical 
Review 27 (1946): 368; and Edward Floyd De Lancey, "Marshall S. Bidwell: 
A Memoir Historical and Biographical," The New York Genealogical and 
Biographical Record XXI: 1 (January 1890): 1. 

^J. K. Johnson, Becoming Prominent: Regional Leadership in Upper 
Canada, 1791-1841 (Montreal: McGill-Queen's University Press, 1989), 
p. 78. Johnson notes that Bidwell is one of the few Members of the House 
of Assembly in the history of Upper Canada not to have a background of 
military /militia service. It was customary to perceive this type of service as 
a way of forming connections that might later aid in the pursuance of a 
political career. 



6S 



¥ 



Marshall Spring Bidwell 

^W. Stewart Wallace, The Family Compact: A Chronicle of the Rebellion in 
Upper Canada (Toronto: Glasgow, Brook & Company, 1922), p. 55; and 
De Lancey, "Marshall S. Bidwell," p. 1. 

'*For a more detailed discussion of the events surrounding the Bidwell 
elections and the "alien" question see: William Renwick Riddell, "The 
Bidwell Elections: A Political Episode in Upper Canada a Century Ago," 
Ontario Historical Society Papers and Records 21 (1924): 236-244; and 
David Mills, The Idea of Loyalty in Upper Canada, 1784-1850 (Montreal: 
McGill-Queen's University Press, 1988), pp. 36-37. 

^For a more detailed account of Barnabas BidwelFs political career, see: 
James E. Rea, "Barnabas Bidwell, a Note on the American Years," Ontario 
History 60, No. 2 (June 1968): 31-37. 

'Riddell, "The Bidwell Elections," pp. 236-237. 

%id., pp. 237-238; and Sissons, "The Case of Bidwell," p. 369. 

^"Marshall Spring Bidwell," Dictionary of Canadian Biography, vol. 10 
(Toronto: University of Toronto Press, 1972), p. 60. 

'De Lancey, "Marshall S. Bidwell," pp. 3-4; Riddell, "The Bidwell 
Elections," pp. 238-239; and Mills, The Idea of Loyalty, pp. 36-37. 

^*^is letter may be found in the collection of the Metropolitan Toronto 
Reference Library, Ms B 104, p. 153, Manuscript Collection, Baldwin Room. 
[Noted in Wallace, The Family Compact, p. 3.] 

"Walter S. Herrington, History of the County of Lennox and Addington 
(Toronto: Macmillan, 1913), p. 355; Gerald M. Craig, Upper Canada: The 
Formative Years, 1784-1841 (Toronto: McClelland and Stewart, 1963), 
pp. 207-208; and Dictionary of Canadian Biography, vol. 10, pp. 60-61. 

'^Craig, Upper Canada: The Formative Years, p. 175; and Johnson, 
Becoming Prominent, p. 174. 

'^Wallace, The Family Compact, p. 67. 



66 



Marshall Spring Bidwell 



"Upper Canada, House of Assembly, Journals of the House of Assembly, 
10th Parliament, 1st Session (Toronto: Francis Collins, 1829), pp. 4-5. The 
Journal reports only that Bidwell was elected Speaker; it does not give a 
breakdown of the vote. 

'^Ibid., p. 67; Craig, Upper Canada: The Formative Years, p. 117; and 
Donald Beer, Sir Allan Napier MacNab (Hamilton: The Dictionary of 
Hamilton Biography, 1984), p. 26. 

^^Upper Canada, House of Assembly, Journals of the House of Assembly, 
10th Parliament, 1st Session, pp. 36, 47. 

^^Beer, Sir Allan Napier MacNab, p. 37; and Dictionary of Canadian 
Biography, vol. 10, p. 61. 

"See: Brockville Recorder, 4 April 1834; Canadian Correspondent, 
23 August 1834; and The Advocate, 25 September 1834. [Noted in Mills, 
The Idea of Loyalty in Upper Canada, pp. 99, 104.] 

'^pper Canada, House of Assembly, Journals of the House of Assembly, 
12th Parliament, 1st Session (Toronto: M. Reynolds, 1835), p. 14.; and 
Craig, Upper Canada: The Formative Years, p. 221. 

^or a more detailed discussion of these issues see: Upper Canada, House 
of Assembly, The Seventh Report of the Select Committee of the House of 
Assembly on Grievances, William Lyon Mackenzie, Chairman, Archives of 
Ontario. 

^'Craig, Upper Canada: The Formative Years, p. 233. 

^De Lancey, "Marshall S. Bidwell," p. 5; and Wallace, The Family 
Compact, p. 113. 

^Wallace, The Family Compact, pp. 155-156; Herrington, History of the 
County of Lennox and Addington, p. 355; and De Lancey, "Marshall S. 
Bidwell," pp. 5-6. 

^Marshall Spring Bidwell (MSB) to Sir Francis Bond Head, letter, 
8 December 1837; MSB to Henry Cassady, letters, 9 December 1837, 
27 December 1837, 4 January 1838 and 31 January 1838, Marshall Spring 



67 



I 



Marshall Spring Bidwell 



Bidwell Papers, Archives of Ontario; and Sissons, "The Case of Bidwell," 
pp. 371-372. 



68 



Archibald McLean 




Archibald McLean 
1831-1834; 1836-1837 

Portrait by Theophile Hamel 



Archibald McLean 



ARCHIBALD McLEAN 



Archibald McLean was born in St. Andrews in the Luneburg District of 
Quebec on 5 April 1791. He was the second son of the Hon. Neil McLean 
who had held several prominent civil offices including that of Sheriff, a seat 
on the surrogate court (1821-1832), and membership in the Legislative 
Council.' The McLean family was influential in the society and politics of 
the Eastern District. As befitted a young member of the Family Compact, 
McLean was educated at Bishop Strachan's District School in Cornwall. In 
1809, he undertook the study of law and entered the offices of William Firth, 
then Attorney General of Upper Canada.^ His legal studies were interrupted 
when, at the outbreak of war in 1812, he joined the provincial militia. In 
fact, he recruited and commanded a company of incorporated militia on the 
Niagara Frontier for the greater part of the conflict. On 18 May 1812, he 
was commissioned as a captain in the Third Regiment of the York Militia. 
McLean was present at the [Battle of] Queenston Heights (13 October 1812) 
and was seriously wounded. Due to medical complications, his recuperation 
took more than 20 months. Still, McLean did manage eventually to return 
to active duty and to take part in the Battle of Lundy's Lane (25 July 1814). 
Here he was taken prisoner by the Americans and remained as such until the 
end of the aggressions several months later. ^ 

With the end of the war, McLean again focused attention on his education 
and returned to Toronto to article with William Warren Baldwin. In 1815, 
he was called to the Bar; a year later he relocated to Cornwall and 
established his own legal practice.* It was also at this time that McLean 
began a career in civil offices. Indeed, between his arrival in Cornwall in 
1816 and his election to the Legislative Assembly four years later, he held 
a variety of administrative posts. In 1817 alone, he received no fewer than 
three different appointments: Clerk of the Peace for the Eastern District in 
January, Registrar for the counties of Stormont and Dundas in February and 
Registrar for the Surrogate Court of the Eastern District in April. He held 
all three of these offices until 1837.' 

In 1820 he was elected to the eighth legislature of Upper Canada as the 
representative for the county of Stormont. He served in this capacity in the 
following five Assemblies. Over this period he became a leading Tory and 
was greatly involved with the work of the House. Although considered a 
member of the Family Compact, perhaps his strongest efforts in and out of 
the Assembly were his attempts to acquire equal recognition of the rights of 
the Presbyterian Church, of which he was a member. Indeed, even after his 



69 



Archibald McLean 



retirement from the House in 1837, McLean was still actively campaigning 
for a successful resolution to this issue.** 

On the death of George III in 1830, the Upper Canadian Assembly was 
dissolved. In the resulting election, McLean returned to the House as the 
member for Stormont. On 7 January 1831, he was elected to the 
Speakership. During the course of the 1 1th Parliament, he presided over 
debates which encompassed a wide range of issues. For example, during the 
1831 session the Assembly focused on issues including the abolishment of 
imprisonment for debt, the distribution of intestate estates, the development 
of the Welland Canal and the appointments to and the powers of the 
Legislative Council, to name but a few.^ Later sessions heard the discussion 
of equally relevant and important issues such as the prevention of infanticide, 
the definition and scope of individual judicial powers and even the 
amendment of the House rules of procedure.* In addition to keeping order 
during the regular course of business. Speaker McLean was forced to break 
a deadlock regarding the passage of an amendment to the libel law. He did 
so by voting against the motion.' Nevertheless, it was not these daily 
exercises of parliamentary procedure that marked McLean's first tenure as 
Speaker. 

Perhaps the most well-known incident of his initial term as Speaker is the 
controversy surrounding the libel charges which were brought against 
William Lyon Mackenzie in the session of 1832, On 6 January an article 
entitled "Articles of Impeachment" was brought to the attention of the House 
by G. S. Boulton, then Attorney General. This article, which had been 
authored by MacKenzie and published in the Colonial Advocate, listed a 
multitude of accusations against the Lieutenant-Governor and his advisors. 
Included in the catalogue of charges were allegations which encompassed 
several aspects of Upper Canadian life and politics: the government's 
intimidation and disregard of non-Anglican religious sects government's 
"tampering with the privileges of the people in the Commons House of 
Assembly" by allowing civil officials such as tax collectors, postmasters, 
inspectors and clerks of the peace to become members of the Assembly and 
thus neglect their duties to the province; the misuse of government funds to 
provide pensions for "useless, idle or unworthy persons"; and the acceptance 
and the continued existence of plurality of office. Boulton put forth that the 
allegations contained in the article were libellous. MacKenzie was allowed 
to defend his actions in the House but to no avail. He was expelled from the 
House by a close vote of 27 to 19.'° 



70 



r 



Archibald McLean 



McLean returned to the House in 1835. Although he was not elected to the 
Chair, he continued to be active in the business of the Assembly and the 
administration of the province. Early in 1836, he garnered an important 
government appointment: on 23 January he was made a member of the 
Legislative Council. ^^ Shortly thereafter, he became involved with the 
House's investigation into the alleged unconstitutional actions of the 
Executive Council. He became concerned that this action, which ultimately 
sparked the resignation of the entire Council, would quickly lead the 
province towards rebellion and separation from England. In a letter dated 
21 March 1836, he expressed shock and outrage at these proceedings: 

It is rather singular that it should have been 
reserved for the new Members [of the 
House] ... to discover that the practice 
which has prevailed for 44 years has been 
an unconstitutional abridgement of the 
Rights of the Council. The whole 
proceeding seems to have been planned and 
carried into effect with a view to deprive the 
Gov[erno]r of the power of acting under the 
instructions of the Colonial Office and thus 
hastening the separation from the Mother 
Country. ^^ 



I 



In addition to his work in the House, he remained active in those civil offices 
he had acquired early in his career. In fact, the Brockville Recorder for 12 
June 1835 details this administrative activity by way of listing the salaries he 
received from each post in the previous year. In addition to the £200 salary 
he had been awarded as the Speaker of the House, McLean earned over £300 
in income from his duties as Clerk of the Peace (Eastern District), and 
Registrar for Stormont and Dundas counties as well as the Surrogate 
Court. '^ Furthermore, he had continued his law practice and took on 
several students, including the future first Premier of Ontario, John Sandfield 
Macdonald.*'* 

1836, McLean was elected to the House for a fourth term. His return to 
the Speakership, however, was less straightforward. On his return to the 
Assembly he found Allan Napier MacNab was openly campaigning for the 
position. McLean's supporters were left with little choice but to mount a 
counter-campaign. MacNab's efforts were unsuccessful and McLean was 
once again chosen Speaker, this time by a vote of 36 to 21.^' He held the 



71 



Archibald McLean 



Chair until March 1837. Although his second term as Speaker was shorter 
than his first, he still presided over a great many interesting debates. A bill 
to abolish imprisonment for debt was brought forward as were others 
pertaining to the sale of the clergy reserves, the appropriation of funds in 
support of *common schools,' the establishment of "certain rights and 
privileges within the Province for aliens and foreigners," and the publication 
of the decisions of the Court of King's Bench. *^ 

Perhaps the most interesting event of McLean's second term as Speaker 
occurred on 25 November 1836. On this date, the House passed several 
resolutions regarding the placement of the 1791 boundary established 
between Upper and Lower Canada. The first resolution stated that the 
implementation of the existing boundary had been 

ill advised, and shews a want of knowledge 
of the geography of this country, inasmuch 
as it not only passed a Boundary suggested 
by Nature but overlooked the probable 
future increase of population, commerce, 
wealth and importance [of Upper 
Canada].'^ 

All of the resolutions were concerned with the perceived advantages reaped 
by Lower Canada due to the placement of the boundary. It was suggested 
that the existing boundary placed the inhabitants of Upper Canada under 
"great disadvantages which bear with unjust severity on their trade and 
intercourse" as taxes, duties and other levies placed on ships, goods and 
individuals passing through Lower Canadian waters inhibited and discouraged 
trade and settlement. ^^ The House claimed that the boundary 

renders the Legislature of this Province 
powerless -- it is vain to appoint Finance 
Committees to raise ways and means, or 
attempt any improvement on which they are 
to rely either on duties or any indirect tax 
from a sea-port. ^^ 

Other than the tabling of these resolutions, the Assembly took no definite 
political action. Indeed, the House proceeded to discuss the possibilities of 
union with Lower Canada several months later. ^ 



72 



Archibald McLean 



McLean's political career came to an end on 23 March 1837, when he was 
made a puisne, or associate judge, on the Court of King's Bench, Western 
Circuit. He held this position until 1849.^* This was only the first of many 
judicial appointments: in 1850, he was made a judge of the Court of 
Common Pleas;^ six years later, he was once again assigned to the Court 
of Queen's Bench, this time as a senior judge.^ 

During his years in this court, perhaps one of the most famous cases involves 
the November 1860 extradition trial of an escaped Missouri slave, John 
Anderson.^ McLean, a fervent abolitionist and one of three presiding 
judges, brought his opinion to bear during the trial. Anderson admitted that 
while fleeing Missouri and slavery, he stabbed a white man. Although living 
in Brantford at the time of his admission, a Missouri court indicted him on 
the charge of murder and formally requested his extradition from the Upper 
Canadian government. He was arrested and detained until a decision 
regarding procedure could be made. Defence counsel argued that as no man 
had the authority to enslave another, it was the planter's actions ~ not those 
of Anderson - which were illegal. Ultimately, the court decided that 
Missouri law, which allowed for the pursuance of escaped slaves, and not 
Upper Canadian law, had to be honoured in this case and that extradition 
could be granted. McLean provided the lone dissenting vote. In his 
judgement, he argued that 

the oppressive slave laws of Missouri should 
never be cited in Canada in order to return 
a man to bondage. . . . Anderson's act was 
justified 'by the desire to be free which 
nature has implanted in his breast.'^ 

Despite McLean's objections, however, the extradition was carried out. 

McLean became Chief Justice of the Court of Queen's Bench in 1862. He 
held this appointment for three years.^ In 1863, his former student and 
then government leader John Sandfield Macdonald appointed him to the post 
of presiding judge of the Court of Error and Appeal. ^^ This would be the 
last judicial appointment in a long and distinguished legal career. Archibald 
McLean died in Toronto on 24 October 1865. 



73 



Archibald McLean 



Notes 



^J. K. Johnson, Becoming Prominent: Regional Leadership in Upper 
Canada, 1791-1841 (Montreal: McGill-Queen's University Press, 1989), pp. 
94, 21 1; Frederick H. Armstrong, Handbook of Upper Canadian Chronology 
and Territorial Legislation (Lx)ndon, Ont.: Lawson Memorial Library, 
University of Western Ontario, 1967), p. 32; and John Graham Harkness, 
Stormont, Dundas and Glengarry: A History, 1784-1945 (Ottawa: Mutual 
Press, 1946), pp. 146, 419. 

darkness, Stormont, Dundas and Glengarry, p. 146; Bruce W. Hodgins, 
"John Sandfield Macdonald," in The Pre-Confederation Premiers: Ontario 
Government Leaders, 1841-1867, ed. J. M. S. Careless, Ontario Historical 
Studies Series (Toronto and Buffalo: University of Toronto Press, 1980), p. 
248; and Johnson, Becoming Prominent, p. 94. 

^Johnson, Becoming Prominent, pp. 73, 211; Harkness, Stormont, Dundas 
and Glengarry, pp. 146, 149; and "Archibald McLean," Dictionary of 
Canadian Biography, vol. 9 (Toronto: University of Toronto Press, 1976), 
p. 512. 

^Harkness, Stormont, Dundas and Glengarry, p. 149. 

^The York Almanac and Royal Calendar of Upper Canada for the Year 1825 
(York: Charles Fothergill, 1825), pp. 119, 120; Armstrong, Handbook of 
Upper Canadian Chronology, p. 59; and Johnson, Becoming Prominent, p. 
212. 

^Archibald McLean, letter, 7 November 1838, Manuscript Collection, 
Baldwin Room, Metropolitan Toronto Reference Library (MTRL). 

^Upper Canada, House of Assembly, Journals of the House of Assembly, 1st 
Session, 11th Parliament (York: John Carey, 1831), pp. 6, 9, 26, 78. 

*Idem, Journals of the House of Assembly, 2nd Session, 11th Parliament 
(York: Robert Stanton, 1832), pp. 21, 20, 29. 

'See: Ibid., p. 21. 



74 



Archibald McLean 

'"See: Ibid., pp. 77-82, 84; and idem. Journals of the House of Assembly ^ 
3rd Session, 11th Parliament (York: Robert Stanton, 1834), pp. 95-98. 

"Armstrong, Handbook of Upper Canadian Chronology, p. 20. 

'^John Pringle to Archibald McLean, letter, 21 March 1836, Archibald 
McLean Papers, Manuscript Collection, Archives of the Province of Ontario. 

'^e Speaker's salary is given in Halifax currency. See: Johnson, 
Becoming Prominent, p. 19. 

''*Bruce W. Hodgins, John Sandfield Macdonald: 1812-1872, Canadian 
Biographical Studies (Toronto: University of Toronto Press, 1971), p. 8. 

'^Upper Canada, House of Assembly, Journals of the House of Assembly, 1st 
Session, 13th Parliament (Toronto: Robert Stanton, 1837), p. 14; and 
Donald Beer, Sir Allan Napier MacNab (Hamilton, Ont.: The Dictionary of 
Hamilton Biography, 1984), pp. 110-111. 

'%id., pp. 15, 18, 67, 69, 74, 85, 116, 237, 257. 

'%id.,p. 117. 

'*See: Ibid., 2nd, 3rd, 4th and 5th Resolutions, pp. 117-118. 

'%id., 10th Resolution, p. 120. 

^See: Ibid., pp. 130, 617, 620, 624. 

^*J. Rordans, ed.. The Upper Canada Law Directory for 1857 (Toronto: 
Henry Rowsell, 1856), p. 1; Johnson, Becoming Prominent, p. 212; 
Harkness, Stormont, Dundas and Glengarry, p. 149; and Armstrong, 
Handbook of Upper Canadian Chronology, p. 110. 

^^. H. Draper to Robert Baldwin, letter, 19 January 1850, Robert Baldwin 
Papers, Manuscript Collection, Baldwin Room, MTRL. 

^John A. Macdonald to Archibald McLean, letter, quoted in The Papers of 
the Prime Ministers, vol I: The Letters of Sir John A. Macdonald, 
1836-1857, ed. J. K. Johnson (Ottawa: Public Archives of Canada, 1968), 
pp. 342-343; J. Rordans, ed.. The Upper Canada Law List for 1860-1861 



75 



Archibald McLean 

(Toronto: Maclear & Co., 1860), p. 14; and Harkness, Stormont, Dundas 
and Glengarry, p. 149. 

^See: Patrick Erode, Sir John Beverley Robinson: Bone and Sinew of the 
Compact (Toronto: The Osgoode Society, 1984), pp. 264-267. 

^Ibid., p. 266. 

^J. O. C6t6, Political Appointments and Elections in the Province of 
Canada, 1841-1860 (Qu6bec: St. Michel & Darveau, 1860), p. 22. 

^^Rordans, The Upper Canada Law List for 1860-1861, p. 13; Harkness, 
Stormont, Dundas and Glengarry, p. 149; Dictionary of Canadian 
Biography, vol. 9, p. 513; and Hodgins, John Sandfield Macdonald, p. 46. 



76 



Allan Napier MacNab 




Allan Napier MacNab 
1837; 1838-1840 

Portrait by Theophile Hamel 



Allan Napier MacNab 



ALLAN NAPIER MacNAB 

The man who was to have the distinction of serving as Speaker for both the 
Legislative Assemblies of Upper Canada (1837-1840) and the United 
Province of Canada (1844-1847) was born on 19 February 1798 at Newark, 
Upper Canada. The son of a United Empire Loyalist militia officer, Allan 
Napier MacNab's youth was taken up with instruction at Reverend Strachan's 
Home District School and active duty in both army and naval units during 
the War of 1812. Although MacNab would always maintain strong ties to 
the militia, he ended his full-time military career in 1816 and enroled as a 
student of law.^ While it has been suggested that MacNab*s interest in the 
study of law came more from his desire to advance within the government 
service than from a love of jurisprudence, he pursued his legal studies and 
was called to the Bar in 1826.^ A decade later, this prominent Hamilton 
lawyer was to become the first Queen's Counsel appointed in the province. 
It was in a legal capacity that, in 1829, MacNab became involved in an 
incident that would launch his political career. 

On 29 January 1829 in Hamilton, demonstrators hung an effigy of the new 
Lieutenant-Governor, Sir John Colbourne, in reaction to the imprisonment 
of Francis Collins, editor of the York Canadian Freeman. Although a minor 
and isolated incident, the members of the House of Assembly for Wentworth 
(George Hamilton and John Willson) pressed the Legislature to form a 
committee of inquiry to investigate the incident.^ Due to his prominence in 
the Gore District, MacNab was called before this committee and, during his 
initial questioning, answered most of the committee's questions regarding 
public opinion and the circumstances that had given rise to the event.'* Why 
MacNab refused to answer the committee's questions when he was called 
before the inquiry five days later can only be speculated upon. One 
possibility is that MacNab refused to answer because of his own clients had 
been involved in the mock hanging. In To the Inhabitants of the Gore 
District^ a pamphlet he later wrote in his own defence, he states that he 
refused to answer the inquiries as the committee wished to force him into 
"discussion of doubtful and disreputable subjects resting upon mere 
conjecture or opinion" rather than to elicit any useful information from him.^ 
In any event, his conduct did not please the committee and, on 16 February, 
he was called before the Bar of the House to account for his actions. Rather 
than apologize for his reticence (and thus escape with only a reprimand from 
the Speaker), MacNab used the opportunity to speak against the actions of 
the committee.^ As a consequence, he was jailed 10 days for "breach of the 
privileges of the House. "^ While such notoriety might have dashed the 



77 



I 



AlUm Napier MacNab 



political aspirations of other men, MacNab used the incident to his advantage 
and the following year was elected to the House of Assembly as the 
representative for the county of Wentworth. 



^i«s 



uring the course of his political career, MacNab gained a reputation for 
pousing the conservative and sometimes aristocratic views of the Family 
Compact. Although it has been proposed that his support of these views was 
due more to ambition than to natural inclination, his political and social 
views seem to be "the legitimate result of his training and associations"* 
rather than convenient affectations. These views often manifested themselves 
in his actions in the House. For example, during the 1830s MacNab 
continued his on-going feud with the leader of the Reformers, William Lyon 
Mackenzie. During the 1831 and 1832 session, he took a leading role in the 
events which led to Mackenzie's expulsion from the House.^ Of course, 
MacNab had other outlets for his political and social views: in 1834, he led 
a deputation of 1,000 freeholders to Toronto to express their loyalty and 
devotion to the Crown. ^° 

MacNab was also a prominent businessman. During the 1830s he embarked 
on several types of business ventures: he published the Hamilton Western 
Mercury (1831-1832); engaged in land speculation and real estate; and 
participated in several joint-stock corporations such as the Grand River 
Navigation Company and the Desjardin Canal Company." At times, his 
politics and business interests merged; in 1836, he successfully lobbied Sir 
Francis Bond Head to rescind the appointment of Captain J. S. Macaulay to 
the position of Surveyor General. He also pressed the government to 
abandon its policy regarding the sale of land by auction and establish a 
system based on payment of a uniform price per acre.'^ However, 
MacNab's political interests did not lie solely in developing land. During a 
brief term as Clerk of Journals of the Assembly and as Sergeant-at-Arms (in 
place of his father),'^ he had gained a first-hand knowledge of the prestige 
and honour associated with the offices of the House. Under such 
circumstances it is not surprising that MacNab sought the Office of Speaker 
of the House in 1836. 

Although becoming Speaker would diminish his ability to voice his opinions, 
MacNab actively campaigned for the office. His personal popularity, ardent 
defence of privileges of the House and support of economic development in 
the province were the reasons most often cited in support of his candidacy. 
Interestingly, even some Reformers supported MacNab. In contrast, those 
who supported his opponent, Archibald McLean, suggested that MacNab's 



78 



Allan Napier MacNab 



knowledge of parliamentary procedure was inadequate and that, should the 
need arise, he might be unable to call upon the one virtue needed by any 
Speaker - impartiality.^'^ While his campaign was ultimately unsuccessful, 
no doubt remained that he had become the obvious "heir apparent" to 
McLean. Thus, when McLean resigned the Speakership to take a seat on the 
Court of King's Bench on 19 June 1837, MacNab was elected to the office. 
This time there was only one dissenting vote.^' 

MacNab's term as Speaker of the House of Assembly of Upper Canada was, 
in fact, composed of two periods: 19 June 1837 to 28 December 1837, and 
24 January 1838 to 10 February 1840. From December 1837 until his return 
to the House, he was on active duty commanding the provincial militia 
during the Rebellion of 1837. In this capacity Colonel MacNab was involved 
in several of the more noteworthy events of the rebellion. Perhaps the best 
example concerns the American steamer Caroline. It was on his orders that 
the Caroline was captured, burned and then scuttled. The steamer had 
allegedly been ferrying men and arms to a provisional camp on the United 
States border from which raids could be made on Upper Canada.^* ■ 
MacNab's loyalty and zeal in the defence of the government of Upper 
Canada did not go unnoticed and several years later he was created a baronet 
for his part in the suppression of the rebellion.'^ 

Fortunately, he did not have to use such drastic measures upon his return to 
the House. In the course of proceedings, MacNab quickly put to rest many 
of the concerns his opponents had expressed concerning his suitability for the 
Speakership. Although gaining influence and importance among the 
Conservatives, he refrained from involving himself in party tactics and, 
despite a great knowledge of many of the subjects discussed, he curtailed his 
participation in the debates of the House. ^* 

In the few sessions that remained of the 13th parliament, the members turned 
their attention to non-military matters. The question of the appropriation and 
the sale of clergy reserves was debated. '^ In addition, members considered 
and passed a bill to establish a College of Physicians and Surgeons for Upper 
Canada.^ The union of the provinces of Upper and Lower Canada also 
received some attention during MacNab's first term as Speaker. The 
Journals for the fourth and fifth sessions of the 13th parliament show that 
members considered the advantages and the possible disadvantages of union. 
Indeed, their ideas and concerns can be found in the many individual and 
collective addresses and the committee reports made on the subject during 
this period.^' It was also during the fifth session that the House considered 



79 



Allan Napier MacNab 



a petition requesting the repeal of the ninth clause of the Great Western 
Railway's act of incorporation. A petition such as this would not have 
merited special attention were it not for the fact that the Assembly's Speaker 
was one of the petition's 43 signatories.^ 

The Union Act (23 July 1840) had united Upper and Lower Canada, 
producing an Assembly whose members were divided along English and 
French lines. ^ MacNab, elected as the representative for Wentworth in the 
new union parliament, returned to the House in 1841 and was nominated for 
the Speakership.^ He withdrew his candidacy however, after several 
Reformers questioned not only his ability to speak French but also the 
political 'correctness' of electing an Upper Canadian Loyalist such as 
MacNab to the office.^ While similar concerns regarding the 
appropriateness of his candidacy surfaced in 1844, he refiised to withdraw. 
This time MacNab weathered the divisions within the House and campaigned 
for the office. Tory newspapers published articles in support of his 
candidacy which suggested that his election to the Chair could lessen the 
perceived French Canadian influence in the Chamber.^ Thus, it was in an 
atmosphere of political and provincial distrust and division that MacNab was 
elected to the Speaker's chair for a second time. He defeated his opponent, 
August-Norbert Morin, by a narrow, three-vote margin. ^^ 

MacNab's term as Speaker for the Legislative Assembly of the United 
Province of Canada was marked by political, cultural and linguistic divisions. 
During the opening days of the session, several Reformers attempted to place 
MacNab in a difficult position by demanding that House business be repeated 
in French. Rather than apologizing for his linguistic inabilities, he noted 
"that it was neither the custom nor a rule of the House" that French be used. 
However, he did assent to the translation and reading of House business into 
French by one of the clerks.^* This did not settle the language issue, 
however, and several months later it resurfaced. On 17 February 1845, the 
movement of a resolution in French met with objection from the Hon. Henry 
Sherwood which, in turn, provoked intense and often emotional debate over 
the use of French in the Assembly. Speaker MacNab was asked to rule on 
the question of the use of English as the dominant language of the legislature. 
His deliberation was complicated by the fact that although the House had 
already passed an address seeking the repeal of the 41st clause of the Union 
Act (which established English as the dominant language of the House), the 
clause had not been repealed.^ While the most diplomatic course would 
have been for MacNab to rule in favour of the use of French, he ruled that 
since the clause established that proceedings of the House must be in English, 



80 



Allan Napier MacNab 



motions, as part of the proceedings, could not be received in French 
alone.^ The Speaker's decision was barely upheld by the House in a 31 to 
30 vote. 

MacNab 's second term in the Chair involved more than the question of 
language. In his capacity as Speaker, MacNab unsuccessfully attempted to 
reform the procedure relating to private bills, he instigated the indexing of 
the Journals of both Upper and Lower Canada, and he augmented the 
parliamentary library's holdings in the areas of American history and French 
literature. 

MacNab again won a seat in the House in 1848 and, although nominated, 
was not elected to the office of Speaker. ^^ Still, his remaining years in 
politics were by no means uneventful. By 1854, he had joined forces with 
his one-time opponent Morin to create the first Liberal-Conservative coalition 
government in the province's short history. As the leader of the coalition 
government, MacNab was the Premier of Canada from 1854 until 1856.^^ 
MacNab resigned his seat in the Assembly in October of 1857 due to failing 
health. In 1860, after an absence of almost three years, he was elected to the 
Legislative Council. In that same year, he was made an honourary Aide de 
Camp to Queen Victoria. In 1862, the man who had served as Speaker for 
two different Assemblies was elected Speaker of the Legislative Council. 
Once again, however, his health deteriorated and he returned to his Hamilton 
home, Dundurn Castle. It was here that he died on 8 August 1862 at the age 
of 64. 

Notes 



'Donald Beer, Sir Allan Napier MacNab (Hamilton: The Dictionary of 
Hamilton Biography, 1984), pp. 7-9. 

^"Barristers' Roll," The Upper Canadian Law Directory for 1857, ed. J. 
Rordans (Toronto: Henry Rowsell, 1856), p. 57, Law Society of Upper 
Canada Archives; and Beer, Sir Allan Napier MacNab, p. 9. 

^See: Upper Canada, House of Assembly, "Report on the Petition of Francis 
Collins, " Appendix to the Journal and Proceedings of the House of Assembly, 
1st Session, 10th Parliament (York, Upper Canada: Francis Collins, 1829), 
pp. 22-28. 



81 



Allan Napier MacNab 

*Allan Napier MacNab, To the Inhabitants of the Gore District, Pamphlet, 
York Jail, 24 February 1829, pp. 2-3, Metropolitan Toronto Reference 
Library. 

%id., p. 4. See also: Titus Simons to Allan Napier MacNab, letter, 22 
February 1829; George Gurnett to Allan Napier MacNab 24 February 1829 
and 3 March 1829; Allan Napier MacNab to unspecified persons, letter, 
April 1829, Allan Napier MacNab Papers, Archives of Ontario. 

^For the full text of MacNab's speech to the House, see To the Inhabitants 
of the Gore District, pp. 5-6. 

^J. C. Dent, The Last Forty Years: The Union of 1841 to Confederation, 2 
vols., Carleton Library Series (Toronto: George Virtue, 1881; reprint, 
Toronto: McClelland and Stewart, 1972), p. 41; and W. Stewart Wallace, 
The Family Compact: A Chronicle of the Rebellion in Upper Canada 
(Toronto: Glasgow, Brook and Co., 1915), pp. 68-69. 

^Dent, The Last Forty Years, p. 41; and Beer, Sir Allan Napier MacNab, p. 
21. 

^pper Canada, House of Assembly, Journals of the House of Assembly, 2nd 
Session, Uth Parliament (York: Robert Stanton, 1832), pp. 38-39, 84; and 
Donald R. Beer, "Sir Allan MacNab and the Russell-Sydenham Regime," 
Ontario History 66, No. 1 (March 1974): 37. 

^"Donald Beer, "The Political Career of Allan Napier MacNab" (Master's 
thesis: Queen's University, 1963), p. 29. 

"J. K. Johnson, Becoming Prominent: Regional Leadership in Upper 
Canada, 1791-1841 (Montreal: McGill-Queen's University Press, 1989), pp. 
24-5, 58; and Beer, Sir Allan Napier MacNab, p. 17. 



¥ 



eer. Sir Allan Napier MacNab, pp. 95-96. 
"Ibid., p. 9. 
''Ibid., pp. 110-111. 



82 



Allan Napier MacNab 

'^The dissenting member was David Gibson, York, First Riding. Ibid., p. 
126; and Upper Canada, House of Assembly, Journals of the House of 
Assembly, 2nd Session, 13th Parliament (Toronto: Robert Stanton, 1837), 
pp. 1-2. 

^^See: Gerald M. Craig, Upper Canada: The Formative Years, The 
Canadian Centenary Series (Toronto: McClelland and Stewart, 1963), pp. 
241-250. For a description of the events leading to the sinking of the 
Caroline, see: ibid., pp. 248-250. 



^^The title was not hereditary. "The Life of Sir Allan Napier MacNab," in 
Whence Come We? Freemasonry in Ontario, 1764-1980, ed. Wallace 
McLeod (Hamilton, Ont.: The Office of the Grand Secretary, 1980), p. 60; 
and "Allan Napier MacNab," in Macmillan Dictionary of Canadian 
Biography (Toronto: Macmillan, 1963), p. 483. 

^*Beer, Sir Allan Napier MacNab, p. 126. 

^^pper Canada, House of Assembly, Journals of the House of Assembly, 4th 
Session, 13th Parliament (Toronto: James Clelland, 1839), pp. 34, 56, 80, 
103, 110, 115, 172, 193, 344, 352, 354, 369-371; and idem. Journals of the 
House of Assembly, 5th Session, 13th Parliament (Toronto: Hugh Scobie, 
1840), pp. 32, 36, 39, 43, 121, 153, 155, 159, 164, 168, 172, 175, 204, 
211,224. 

^dem, Journals of the House of Assembly, 4th Session, 13th Parliament, pp. 
55, 62, 67-68, 69, 160, 180, 209, 254, 255, 265, 386. 

^%id., p. 95; and idem, Journals of the House of Assembly, 5th Session, 
13th Parliament, pp. 62, 82, 94, 117, 119, 159, 161, 163. 

^Idem, Journals of the House of Assembly, 5th Session, 13th Parliament, pp. 
82, 97, 108. 

^See: The Union Act, 1840 (U.K.), 3-4 Vic, c. 35. 

^For a more detailed discussion of MacNab's 1840 election campaign, see: 
Beer, "Sir Allan MacNab and the Russell-Sydenham Regime," pp. 41-43. 



83 



Allan Napier MacNab 



^Beer, "The Political Career of Allan Napier MacNab", pp. 90-92. 

^Jacques Monet, The Last Canon Shot: A Study of French Canadian 
Nationalism, 1837-1850 (Toronto: University of Toronto Press, 1969), p. 
198. 

^^MacNab won the vote 39 to 36. All the French Canadian votes went to 
Morin. See: Province of Canada, Legislative Assembly, Journals of the 
Legislative Assembly of Canada, vol. 5, 1st Session, 2nd Parliament 
(Montreal: Rollo Campbell, 1845), pp. 1-2; J. M. S. Careless, The Union 
of the Canadas: The Growth of Canadian Institutions, 1841-1857, Canadian 
Centenary Series (Toronto: McClelland and Stewart, 1967), p. 97; Paul G. 
Cornell, The Alignment of Political Groups in Canada, 1841-1867 (Toronto: 
University of Toronto Press, 1962), p. 17; Robert Rumilly, Histoire de 
Montreal, vol. 2 (Montreal: Editions fides, 1970), pp. 296, 314; and Beer, 
"Sir Allan MacNab and the Russell-Sydenham Regime," p. 45. 

^^Beer, Sir Allan Napier MacNab, p. 192. 

^*rhe repeal would not occur until three years later. See: The Union Act 
Amendment Act, 1848, 11 & 12 Vic, c. 56, Document clxxiii m Documents 
of the Canadian Constitution, 1759-1915, ed. W. P. M. Kennedy (Toronto: 
University of Toronto Press, 1918), pp. 591-592. 

^Beer, Sir Allan Napier MacNab, pp. 192-3; and Monet, The Last Canon 
Shot, p. 201. 

^^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 7, 1st Session, 3rd Parliament (Montreal: Rollo Campbell, 
1848), pp. 1-2; Beer, "The Political Career of Allan Napier MacNab," pp. 
173-174; Dent, The Last Forty Years, p. 182; and Cornell, The Alignment 
of Political Groups, p. 25. 

^^Cornell, The Alignment of Political Groups, pp. 39, 75; Rumilly, Histoire 
de Montrial, p. 348; J. M. S. Careless, Brown of the Globe, vol. I (Toronto: 
Macmillan, 1963), pp. 192-193; and idem, "The Place, the Office, the Times 
and the Men," in The Pre-Confederation Premiers: Ontario Government 
Leaders, 1841-1867, Ontario Historical Studies Series (Toronto: University 
of Toronto Press, 1980), p. 9. 



84 



Henry Ruttan 




Henry Ruttan 

1837-1838 

Portrait by Theophile Hamel 



Henry Rattan 



HENRY RUTTAN 

LThe men who held the office of Speaker of the Assembly of Upper Canada 
)r that of the United Province of Canada were members of many varied 
professions. A great number were military officers or lawyers, a few were 
administrative officials or businessmen, and some undertook several different 
careers during their lifetime. Only one Speaker, however, can lay claim to 
being an inventor. 

Henry Ruttan was born on 12 June 1792 at Adolphustown, Upper Canada, 
the third of seven children. His grandfather had emigrated to the Thirteen 
Colonies in 1734 and had settled in the area that became West Chester 
County, New York. In 1783, Henry's father, a Loyalist militia officer, 
moved the family to Adolphustown in the Midland District of Upper 
Canada.^ The circumstances leading to young Ruttan's education are 
unusual; indeed, it is unlikely that he would have received any formal 
education at all were it not for an accident which led to the loss of the use 
of one hand. Because of the accident, Henry was unfit for manual labour 
and his father sent him to a succession of local school masters.^ At the age 
of 14, he left school and became apprenticed to John Kerby, a Kingston 
merchant "to learn the art and mystery of trade and commerce."^ 

The outbreak of the War of 1812 interrupted Ruttan's career in business. 
With the opening of hostilities, he traded his apprenticeship for a militia 
uniform. He joined the Incorporated Militia as a volunteer and later received 
a lieutenant's commission. He served with this regiment throughout the 
conflict and was present at the Battle of Lundy's Lane (25 July 1814) where 
he was badly wounded.'' Despite the severity of his injuries, however, 
Ruttan had sufficiently recovered by December to rejoin his regiment at their 
winter quarters at York. He did not see another battle and with the cessation 
of hostilities in 1815 was reduced to the status of a half-pay officer.' 

In 1815 Ruttan returned to the business world. He settled in Cobourg and 
began to engage in many different ventures. Between 1815 and his entry into 
the House of Assembly in 1820, he worked as a survey contractor under a 
system instituted by the government in 1818. As a contractor, he was paid 
to ensure that a certain number of township surveys were conducted. He, in 
turn, farmed out the actual survey work. For his trouble, he was awarded 
4.5% of the total land surveyed.*^ In addition to his landed interests, Ruttan 
also acquired a local administrative post during this period: on 15 June 
1818, he was appointed Justice of the Peace for the Newcastle District.^ 



85 



Henry Ruttan 



During these years he did not totally abandon his militia connections and was 
promoted twice: first to the rank of major in 1816 and then to that of 
lieutenant-colonel in 1818.* 

Ruttan was elected to the House of Assembly of Upper Canada in 1820 as 
the representative for the county of Northumberland. Unfortunately, the 
Journals for this parliament make little mention of Ruttan; it is quite likely 
that, given his predisposition to do so in later parliaments, he did participate 
in the daily debates in the House and served on various House committees. 
In any case, he was not returned to the House in 1825. 

The years between his first and second terms in the Legislature were not idle 
ones. Ruttan continued his association with the provincial militia. Indeed, 
after 1825 he received yet another promotion and was given the rank of 
colonel of the Third Battalion of the Northumberland Militia.^ Furthermore, 
he held several civil commissions during this period. The Civil List for 1825 
includes him as a Commissioner of the Peace for the Newcastle District. 
This list also names many former and future Speakers of the House as 
Commissioners of the Peace for various districts, including Levius P. 
Sherwood (Johnstown), Archibald McLean (Johnstown) and Alexander 
McDonell (Home).^° In addition to this responsibility, on 24 October 1827 
he was appointed to the position of Sheriff of the Newcastle District. Ruttan 
held this office for 30 years. ^^ 

He did not return to the Assembly until 1836 when he was once more elected 
the representative for Northumberland. As the Journals for the first two 
sessions of the 13th parliament show, he was often involved in the daily 
business of the House. He is noted as being a member of several different 
parliamentary committees including those which dealt with issues such as the 
regulation of inland navigation and the improvement of back-roads. ^^ It 
was during the third session, however, that Ruttan came to prominence in the 
Assembly. On 28 December 1837, the House was informed that its Speaker, 
Allan Napier MacNab, was "absent on public duty in defence of the 
Province."" Due to MacNab's absence, a new Speaker had to be chosen. 
Although Ruttan states in his memoirs that he was unanimously elected to the 
Speaker's Chair, the relevant Journal entry shows that he was, in fact, 
elected by a vote of 21 to 1. The dissenting vote was cast by Edward 
Malloch, then member for Carleton.^"* 

Henry Ruttan held the office of Speaker from that day, 28 December 1837, 
until MacNab's return to the House on 24 January 1838 ~ a period of less 



86 



Henry Ruttan 



than four weeks. Nevertheless, he presided over a session which, in the 
aftermath of the Rebellion of 1837, was primarily concerned with matters 
relating to the administration and regulation of the provincial militia and, of 
course, provincial security. A bill to amend and consolidate the Militia Laws 
was debated as was one to prevent unlawful military training.'^ Legislation 
concerning the arrest, trial and punishment of individuals suspected of 
conspiracy and treason also merited the attention of the Members. Both 
pieces of legislation were quickly passed by the House: the former by an 
overwhelming vote of 24 to 9,^^ the latter by an equally strong vote of 21 
to 8.^^ In addition to these measures, a bill to render individuals who had 
"absconded" to the United States during the Rebellion "incapable of 
exercising any political or civil immunity or right" provided the Members 
with a timely topic for debate. Nevertheless, this bill was not passed during 
Ruttan's brief term in office.'* With MacNab's return to the House, Ruttan 
relinquished the Chair and resumed his previous parliamentary status. '' He 
remained a member of the Assembly until 1841. 

Despite his years of service in the House and his brief tenure as Speaker, it 
is as an inventor and designer of air heaters and ventilation equipment that 
Ruttan is best remembered. Between 1846, when he designed "a new 
method of constructing ftirnaces for heating houses and other buildings with 
hot air, called Hot Air Generators," and 1858, he was granted seven patents 
for various types of ventilation systems.^ In a speech delivered to the 
Cobourg Mechanics Institute (22 February 1858), Ruttan outlined the reasons 
for his interest in the subject; indeed, his motivation was as much 
philanthropic as it was scientific. He stated that the loss of several friends 
to consumption prompted him to invent a way to improve upon the 
ventilation conditions which existed in the average dwelling.^* For Ruttan, 
the notions of air ventilation and public health were interrelated. Indeed, he 
stated that 

until we so construct or adopt our dwellings 
as to make them breathe -- that is inhale 
pure and exhale foul air, we can never 
expect health.^ 

It is not surprising that Ruttan spent the greater part of this speech outlining 
the health hazards associated with the existence of 'impure air' in a 
building.^ He noted that the carbon burned in a furnace creates a dust 
which, if not extracted from the air, accumulates over time thus posing a 
hazard. Furthermore, he added that the existence of air-borne viruses in 



87 



Henry Ruttan 



'impure air' creates an environment in which epidemics of disease such as 
tuberculosis could be nurtured. Thus, Ruttan correctly concluded that if the 
impure air which permeated the average house could be purified and 
warmed, the health and living conditions of the its inhabitants would be 
improved.^ 

At the age of 68, Henry Ruttan was involved in a carriage accident. 
Although not fatal, his health steadily deteriorated as a result. He died on 
31 July 1871 at Cobourg, Ontario.^ 



Notes 

^Henry Ruttan, "Autobiography of the Honourable Henry Ruttan of Cobourg, 
Upper Canada," Annual Transactions of the United Empire Loyalists 
(Toronto: Church of England Publishing Co., 1899), pp. 75-77; William 
Cannif, History of the Province of Ontario (Upper Canada) (Toronto: A. H. 
Hovey, 1872), p. 120; Henry N. Ruttan, A Part of the Family of Ruttan, 
1590-1986 (Ottawa: Emery Publishing, 1986), p. 23; and J. K. Johnson, 
Becoming Prominent: Regional Leadership in Upper Canada (Montreal: 
McGill-Queen's University Press, 1989), p. 223. 

^Ruttan, "Autobiography," pp. 78-79; Edwin C. Guillet, Cobourg, 
1798-1948 (Oshawa, Ont.: Goodfellow Printing Co., 1948), p. 25; and 
Canniff, History of the Province of Ontario, pp. 120-121. 

'Ruttan, "Autobiography," p. 80; and "Henry Ruttan," Dictionary of 
Canadian Biography, vol. 10 (Toronto: University of Toronto Press, 1972), 
p. 637. 

'^Ruttan, "Autobiography," pp. 80-82; said Johnson, Becoming Prominent, pp. 
76, 224. 

^Ruttan, "Autobiography," pp. 82-83; and Johnson, Becoming Prominent, p. 
224. 

^Johnson, Becoming Prominent, pp. 11, 224. 

'Ibid., p. 224. 



88 



Henry Rattan 

"Rev. A. N. Bethune, A Memoir of the Late Mr. William Ruttan, Son of 
Henry Rattan, Esq. ofCobourg (Cobourg, Canada West: R. D. Chatterton, 
1837), p. 25; Frederick H. Armstrong, Handbook of Upper Canadian 
Chronology and Territorial Legislation (London, Ont. : Lawson Memorial 
Library, University of Western Ontario, 1967), p. 178; Johnson, Becoming 
Prominent y p. 19; and Ruttan, A Part of the Family of Ruttan, p. 23. 

^Dictionary of Canadian Biography , vol. 10, p. 637; and Johnson, Becoming 
Prominent, p. 224. 

^""List of Commissioners of the Peace by District," The York Almanac and 
Royal Calendar of Upper Canada for the Year 1825 (York: Charles 
Fothergill, 1825), p. 124. 

^'Ruttan, "Autobiography," p. 83; Armstrong, Handbook of Upper Canadian 
Chronology, p. 178; Johnson, Becoming Prominent, pp. 19, 224; and 
Dictionary of Canadian Biography, vol. 10, p. 659. 

'^Upper Canada, House of Assembly, Journals of the House of Assembly, 3rd 
Session, 13th Parliament (Toronto: Joseph Lawrence, 1838), pp. 52, 58, 83. 

'Wi±, p. 41. 

'''Ibid., p. 14; and Ruttan, "Autobiography," p. 83. 

'^Upper Canada, House of Assembly, Journals of the House of Assembly, 3rd 
Session, 13th Parliament, pp. 14, 15, 21, 35, 40, 52, 63, 65, 83, 131, 132. 

*%id., pp. 14, 20, 21, 30, 35, 37, 39, 56, 101. 

*'Ibid., pp. 36, 46, 58, 79, 80. 

''Ibid., pp. 34, 115, 123, 153. 

'%id., p. 174. 

^n simplest terms, his method combined the process of heating and 
ventilation by drawing outside air into a building by way of a duct. The air 
then naturally flowed through a heater and thence circulated by convection 
through the various rooms of the building. Finally, the air flowed through 



89 



Henry Ruttan 

a duct to a foul air shaft and then outside. He developed a similar ventilation 
system for railway coaches. 

Henry Ruttan, Ventilation and Warming of Buildings (New York: n.p., 
1862); idem, Lecture on the Ventilation of Buildings (Cobourg, Canada 
West: Cobourg Sun Office, 1858); Dictionary of Canadian Biography, vol. 
10, p. 637; and Guillet, Cobourg, p. 25. 

For a list of the patents granted to Ruttan, see: Patents of Canada, vol. I, 
nos. 210, 222, 224, 225; and vol. II, no. 311. 

^^Ruttan, Lecture on the Ventilation of Buildings, p. 3. 

^id., p. 7. 

^Ibid., pp. 18-24. 

2*Ibid., pp. 50, 52-57, 58, 60. 

^Ruttan, A Part of the Family of Ruttan, p. 24; Dictionary of Canadian 
Biography, vol. 10, p. 636; and Johnson, Becoming Prominent, p. 223. 



90 



Austin (Augusrin) Cuvillier 




Austin (Augustin) Cuvillier 
1841-1843 

Portrait by Theophile Hamel 



Austin (Augustin) Cuvillier 



AUSTIN (AUGUSTIN) CUVILLIER 

The implementation of the Union Act, 1840 brought great changes to the 
political landscapes of Upper and Lower Canada. The importance of these 
changes was the union of the Upper and Lower Canadian assemblies. The 
new parliament combined English and French representatives on an equal 
basis rather than one based on representation by population; this latter 
method would have given the majority of seats in the House to Lower 
Canada. The equality manufactured by the Act angered many Lower 
Canadian Reformers and, consequently, the first union parliament contained 
a great many individuals who had been elected because of their anti-union 
sentiments. Furthermore, the union of the two assemblies created problems 
of a social and cultural nature. Indeed, it is with the creation of a Union 
parliament that the issue of bilingualism first plays a significant political role. 
In light of these factors, the Speaker of the first united parliament needed to 
be a politically complex individual. Accordingly the first Speaker of the 
Legislative Assembly of the Province of Canada was indeed a man fit for the 
task: he represented what were seen as 'English' economic values but was 
also concerned with the political interests of Lower Canada. 

Augustin Cuvillier III was born on 20 August 1779 at Quebec and was the 
eldest of seven children. He grew up in the neighbourhood of the 
Rue-Sous-le-Fort, an area that was home to a great many small retailers 
including his father. He received his education at the College Saint-Raphael 
in Montreal, where he became fluent in English, a language which was of 
great use during his business and political career.^ 

Perhaps due to the unexpected death of his father, Cuvillier did not complete 
his studies but entered the employ of a Montreal auctioneer, Henry Richard 
Symes, in 1794. Over the next few years he acquired a working knowledge 
of auctioneering which involved the wholesale import of dry goods that 
would subsequendy be sold in large lots at local auctions. Goods which had 
been imported by merchants other than the auctioneer would also be sold on 
a commission basis. In 1802, Cuvillier took over the business from the 
retiring Symes; by 1806, he had expanded the enterprise and was in 
partnership with Thomas Aylwin and John Harkness.^ However, the 
partnership's success was short-lived. In October 1806 the venture was 
handed over to its creditors in lieu of payment for outstanding debts. This 
scenario was repeated at least three times over the next decade.^ It was also 
during this period that Cuvillier adopted the Anglicized version of his name 
~ Austin ~ for business purposes. 



91 



t 



Austin (Augustin) Cuvillier 



The outbreak of the War of 1812 interrupted Cuvillier's troubled business 
career. During the conflict he served as a lieutenant and as adjutant in the 
Fifth Select Embodied Militia Battalion of Lower Canada/ While it is not 
clear if he was present at any of the War's major battles, Cuvillier made his 
greatest contribution in the field of intelligence. In June 1813 he managed 
to acquire information about the movements of the American forces stationed 
in the Salmon River area along the New York border. He was decorated for 
his contribution and retired in 1814 with the rank of captain.^ 

With the cessation of hostilities, Cuvillier turned his attention not only to 
business but also to politics. In 1809 he had attempted to win a seat in the 
Assembly of Lower Canada but had been unsuccessftil. He made a second 
attempt in 1814 and this time was sent to the House as one of the 
representatives for Huntingdon County. He held this seat until 1830.^ In 
spite of his unstable personal business history, Cuvillier's knowledge of the 
world of commerce and his connections to Upper Canadian business made 
him of great importance to the nationalist party. Indeed, he is credited with 
helping to lessen the Patriote's hostility towards commercial interests.^ His 
economic and commercial knowledge was put to quick use in the House; in 
fact, it was Cuvillier who proposed that the Assembly study the possibility 
of establishing a bank in the province.^ 
i 

Cuvillier's efforts to introduce such a bill in the Assembly are well 
documented. He presented the initial motion on 6 February 1815. The 
question was raised four more times during the session but the House took 
no action on the issue. The matter was reintroduced on 7 February 1816 
I when Cuvillier presented a petition from Montreal merchants requesting an 
ict of incorporation for a bank. Although the venture was to be based in 
)wer Canada, Cuvillier was the only French-Canadian to sign the petition.' 
le petition's argument was straightforward: it was necessary to found a 
)ank so that a uniform circulating medium of exchange could be created, 
lis medium would then be substituted for the precious metals and army bills 
/hich were then used as currency. The petition concluded with the 
"observation that the creation of a currency would give facility and security 
to commerce in Lower Canada and thus encourage \i}^ This time the 
request was not ignored and the matter was referred to a committee which 
Cuvillier chaired." Even though legislation to incorporate a bank in 
Montreal was introduced on the strength of the committee's report, the 
prorogation of the House caused it to be scrapped. The issue of the 
incorporation of the Bank of Montreal was eventually resurrected and a 
Royal Charter was granted in 1822 - a full five years after the Articles of 



I 



92 



Austin (Augustin) Cuvillier 



Incorporation had been drawn up by the merchants who had become 
impatient with the Assembly.'^ It is not surprising that Cuvillier served as 
one of the Bank's directors from 1817 until 1825." 

On his return to the Assembly in 1820, Cuvillier once more focused his 
attention on economic matters. In 1821, he was one of four delegates sent 
to negotiate the question of contested customs duties with the Upper 
Canadian government. His close association with the economic issues facing 
the Assembly continued into the late 1820s. In 1828 he was one of three 
members elected by the Assembly to take a petition to the Imperial 
government which complained of Governor Dalhousie's administration. It 
was Cuvillier who presented the House of Commons with information 
regarding Lower Canada's financial situation. Indeed, he even presented the 
Canada Committee with a paper which summarized the sources of revenue 
and the expenditures incurred in the colony from the time of the British 
conquest. He used this document to argue in favour of the Assembly's claim 
for complete control over the province's finances.^"* 

He returned to the Assembly as one of the representatives for Laprairie 
County in the general election of 1830. During the course of the following 
parliament, a rift developed between Cuvillier and the Patriote party he had 
once supported. For example, he opposed the Patriote's demands for an 
elected Legislative Council and was one of only six members to oppose the 
92 Resolutions which contained a litany of the province's political 
grievances." His gradual drift away from the Patriote fold and his stance 
on the Resolutions are cited as the main factors in his failure to be re-elected 
in 1834.^^ 

Cuvillier did not return to the political arena until 1841 when he was elected 
to the first union parliament as the member for Huntingdon and as an 
anti-unionist.^^ When the session opened five days later than anticipated, 
he was put forward as a candidate for the office of Speaker. His 
bilingualism and his knowledge members of the House and the business 
community were factors in favour of his nomination. More important, 
however, was the fact that the election to the Chair of a member who was 
not only an anti-unionist but who opposed the civil list and who favoured 
proportional representation would be a small but important first victory for 
the French-Canadian members of the Assembly.^* He was subsequently 
elected Speaker on 14 June 1841. '^ 



93 



Austin (Augustin) Cuvillier 



Many different issues were brought before the House during Cuvillier's term 
as Speaker. For instance, on 15 July 1841 a bill was introduced which 
would provide for a periodic census to be taken in the province in order to 
obtain statistical information.^ Several pieces of social legislation also 
merited the House's attention. A bill enabling clergy of all Christian 
denominations to solemnize marriages in the newly united province was put 
forward and passed.^* Furthermore, legislation to provide for the voluntary 
commutation of seigneurial tenure in Canada East was introduced in the 
Assembly, but not passed. No further action on the matter was taken during 
this parliament.^ Also worthy of note is the fact that while a bill to 
establish and to provide for the maintenance of conmion schools in Canada 
West received swift passage in the House,^ similar legislation concerning 
the schools of Canada East failed to pass a second reading.^ Many other 
issues were raised but not resolved during Cuvillier's term in the Chair. 
Legislation to provide for the independence of the provincial judiciary was 
twice presented and twice defeated.^ The question of finding a permanent 
seat of government for the union was also raised during this period. There 
were few serious debates on this issue, however, and it was left for 
succeeding parliaments to resolve.^ 

Austin Cuvillier ran but was defeated in the 1844 general election. With his 
retirement from politics, he turned his attention to his first career — 
auctioneering. During one of the many epidemics which ravaged Upper and 
Lower Canada in the mid-19th century, he contracted typhus. He died on 
11 July 1849 and was buried at Notre-Dame Cathedral in Montreal. 



Notes 



'Adam Shortt, "Austin Cuvillier, Merchant, Legislator and Banker," in Adam 
Shorn 's History of Canadian Currency and Banking, 1600-1880 (Toronto: 
The Canadian Bankers' Association, 1922), pp. 804-805; and "Austin 
(Augustin) Cuvillier," Dictionary of Canadian Biography, vol. 7 (Toronto: 
University of Toronto Press, 1988), p. 224. 

^Ibid.; and Brian Young, George-Etienne Cartier: Montreal Bourgeois 
(Montreal: McGill-Queen's University Press, 1981), p. 2. 

^Dictionary of Canadian Biography, vol. 7, p. 224. 



94 



Austin (Augustin) Cuvillier 



'^Robert Rumilly, Papineau et son temps, vol. 2: 1838-1871 (Montreal: 
Editions Fides, 1977), pp. 70, 113; Dictionary of Canadian Biography, vol. 
7, p. 224; and Shortt, "Austin Cuvillier," p. 807. 

^Rumilly, Papineau et son temps, p. 77; and Dictionary of Canadian 
Biography, vol. 7, pp. 224-225. 

^Joseph Desjardins, Guide parlementaire historique de la province de 
Quebec, 1792 d 1902 (Quebec: Hunter, Rose & Co., 1902), p. 130; Henry 
J. Morgan, Sketches of Celebrated Canadians (London: Hunter, Rose & 
Co., 1862), p. 394; and Shortt, "Austin Cuvillier," p. 807. 

^Fernand Ouellet, Le Bas-Canada, 1791-1840: Changements structuraux et 
crise, 2nd ed. (Ottawa: Editions de I'Universit^ d'Ottawa, 1980), pp. 
354-355; Dictionary of Canadian Biography, vol. 7, p. 225; and Shortt, 
"Austin Cuvillier," pp. 806-807. 

^Merill Denison, Canada's First Bank: A History of the Bank of Montreal, 
vol. 1 (Toronto and Montreal: McClelland and Stewart, 1966), p. 65; and 
Shortt, "Austin Cuvillier," pp. 67, 807-808. 

Venison, Canada's First Bank, p. 73; Rumilly, Papineau et son temps, p. 
181; and Shortt, "Austin Cuvillier," p. 807. 

^^^enison, Canada's First Bank, p. 65; and Shortt, "Austin Cuvillier," pp. 
62, 65, 67, 71, 809. 

^^Denison, Canada's First Bank, p. 68. 

^^Ibid., pp. 75, 136; Robert Rumilly, Histoire de Montreal, vol. 2 (Montreal: 
Editions Fides, 1970), pp. 144-145; Shortt, "Austin Cuvillier," pp. 71-72, 
809-810; and Dictionary of Canadian Biography, vol. 7, p. 225. 

'^Denison, Canada's First Bank, p. 421; and Shortt, "Austin Cuvillier," p. 
74. 

^"^Rumilly, Papineau et son temps, p. 181; idem, Histoire de Montreal, pp. 
167, 192; Shortt, "Austin Cuvillier," pp. 812-813; and Dictionary of 
Canadian Biography, vol. 7, pp. 225-226. 



95 



r 



Austin (Augustin) Cuvillier 

''For the text of the 92 Resolutions, see: Documents of the Canadian 
Constitution, 1759-1915, ed. W. P. M. Kennedy (Toronto: Oxford 
University Press, 1918), pp. 366-388. 

'^"Austin Cuvillier," The Macmillan Dictionary of Canadian Biography 
(Toronto: Macmillan, 1963), p. 168; Jacques Monet, The Last Canon Shot: 
A Study of French-Canadian Nationalism, 1837-1850 (Toronto: University 
of Toronto Press, 1969), p. 43; Morgan, Sketches of Celebrated Canadians, 
p. 394; Shortt, "Austin Cuvillier," p. 815; Rumilly, Papineau et son temps, 
p. 315; and Ouellet, Le Bas-Canada, p. 229. 

'^Paul G. Cornell, The Alignment of Political Groups in Canada, 1841-1867 
(Toronto: University of Toronto Press, 1962), pp. 5, 7; Desjardins, Guide 
parlementaire historique, p. 159; and Rumilly, Papineau et son temps, p. 
590. 

'^J. M. S. Careless, The Union of the Canadas: The Growth of Canadian 
Institutions, 1841-1857, Canadian Centenary Series (Toronto: McClelland 
and Stewart, 1967), p. 49; J. C. Dent, The Last Forty Years: The Union of 
1841 to Confederation, 2 vols., Carleton Library Series (Toronto: George 
Virtue, 1881; reprint, Toronto: McClelland and Stewart, 1972), pp. 45-48; 
Monet, The Last Canon Shot, p. 80; Shortt, "Austin Cuvillier," p. 815; and 
Rumilly, Papineau et son temps, p. 232. 

'Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 1, 1st Session, 1st Parliament (Kingston, Canada West: 
Desbarats & Carey, 1841), p. 2. 

"^bid., pp. 190, 214, 257, 435, 437, 444, 449, 526, 531, 536, 664. 

'%id., pp. 166, 206, 215, 226, 345, 370, 423, 427, 504. 

"^bid., pp. 95, 245, 246, 247, 462, 502, 503, 513, 514. 

^Idem, Journals of the Legislative Assembly, vol. 3, 3rd Session, 1st 
Parliament (Kingston: E. J. Barker, 1844), pp. 132, 153, 191, 192, 196, 
199, 209. 

"^Ibid., pp. 141, 153. 



96 



Austin (Augustin) CuvilUer 

^Idem, Journals of the Legislative Assembly^ vol. 1, 1st Session, 1st 
Parliament, p. 11; and idem, Journals of the Legislative Assembly, vol. 2, 
2nd Session, 1st Parliament (Kingston, Canada West: Robert Stanton, 1842), 
pp. 6, 13. 

^Idem, Journals of the Legislative Assembly, vol. 2, 2nd Session, 1st 
Parliament, pp. 97, 109, 110. 



I 



97 



Allan Napier MacNab 




ALLAN NAPIER MacNAB 
1844-1847 

Portrait by John Partridge 
(For biographical information refer to page 77) 



Augustin-Norbert Morin 




Augustin-Norbert Morin 
1848-1851 

Portrait by Theophile Hamel 



Augustin-Norbert Morin 



AUGUSTIN-NORBERT MORIN 

Augustin-Norbert Morin was born on 13 October 1803 at Saint-Michel, 
Lower Canada and was the eldest of 11 children. Perhaps due to his 
premature birth, his health was fragile during his early years and he 
experienced several violent attacks of rheumatism. It is likely that he would 
have received little formal education had it not been for the intervention of 
Saint-Michel's parish priest, Abb6 Thomas Maguire. It was at the Abba's 
insistence that the impoverished Morin was sent to study at the S6minaire de 
Quebec in 1815. He completed his studies there in 1822.^ 

Although he had expressed an interest in entering the priesthood, Morin 
chose to undertake the study of law after his departure from the S^minaire. 
Unfortunately, his precarious financial status dictated that he first find some 
means of support during his period of study. Thus, in the early 1820s he 
went to work for Le Canadien, a radical, nationalist newspaper founded in 
1806.^ With the close of this newspaper in 1823, Morin • returned his 
attentions to the study of law and articled in the offices of Denis-Benjamin 
Viger. He was called to the Bar in 1828.^ 

Morin did not totally abandon journalism during his early legal career but 
remained active in the writing and publication of radical, Patriote tracts. In 
1825 he authored a vehement attack on Judge Edward Bowen's decision that 
the courts of Lower Canada would acknowledge only briefs written in 
English. Citing both The Quebec Act, 1774 and The Constitutional Act, 
1791, Morin questioned the logic and the justice of disallowing the people 
of Lower Canada to interpret their law in their own language."* In 1 826 he 
founded his own newspaper, La Minerve, which became " le principal organe 
du parti patriote "^ Even though La Minerve contained several stories of 
general interest, the object of this new reformist journal was political in 
nature. Many of the articles published in it encouraged all French Canadians 

k r^sister k tout [sic] usurpation de leurs 
droits, tout en leur faisant appr^cier et ch^rir 
les bienfaits du gouvernement de la 
m^re-patrie.^ 

For more than a decade he continued his association with La Minerve and, 
throughout the early years of his legal and parliamentary careers, wrote 
articles on a variety of subjects. 



98 



Augustin-Norbert Morin 



Morin was only 27 when he was first elected to the Legislative Assembly of 
Lower Canada in 1830 as the representative for Bellechasse. He held this 
seat for eight years. ^ It was during this time that he distinguished himself 
in the House. Along with Louis-Joseph Papineau and Elz6ar B^ard, he was 
a member of the parliamentary committee which authored the 92 Resolutions 
in 1834.^ The Resolutions embodied many of the grievances held by the 
Reformers and Patriotes. They not only contained a catalogue of 
governmental problems but also included a denunciation of the Legislative 
Council and a thinly-veiled threat of secession.^ After a lengthy debate, the 
92 Resolutions were overwhelmingly passed by the House and Morin and 
Denis-Benjamin Viger were dispatched to London to present them to the 
Imperial government. ^° In addition to this responsibility, it was Morin who 
acted as leader of the Patriote party in 1835 when Louis-Joseph Papineau was 
unable to secure a seat in the Assembly." 

Although he was gaining influence in the House, Morin actively participated 
in the Rebellion of 1837 and, in fact, became one of the movement's leaders. 
As a result of his prominence, a warrant was issued and he was arrested for 
high treason on 28 October 1839. The charge against him, however, was 
ill-founded and he was soon released from custody. Nevertheless, his 
involvement in the Rebellion adversely affected his finances and shortly 
thereafter he was compelled to refocus his energies on his legal career.'^ 

Morin did not return to the Assembly until 1841. Like other Patriote 
supporters, he opposed the union of the provinces on the grounds that The 
Union Act, 1840 did not provide for proportional representation in the 
Assembly nor for ministerial control of revenue or supply. ^^ In 1841 he 
was elected to the first united parliament as an anti-unionist and the 
representative for Nicolet.^"* When the Assembly convened he was put 
forward as a candidate for the Speakership. His candidacy was supported for 
many reasons, not the least of which was that if Morin were to be elected to 
the Chair he could continue in the tradition of the Lower Canadian Assembly 
and act as House leader. In this way Louis H. Lafontaine, who had not 
secured a seat in the House, could direct the party through his friend. It was 
eventually decided that Morin could not carry the vote of the Tory opposition 
and, therefore, that a new candidate should be found for Speakership. Austin 
Cuvillier was nominated in his place. '^ Morin was subsequently offered the 
post of Solicitor-General for Lower Canada but refused. 

On 1 January 1842, Morin resigned his seat in the House in order to accept 
a judicial appointment. However, his time on the Bench was brief and on 



99 



Augustin-Norbert Morin 



28 November 1842 he returned to the Assembly as the member for Saguenay 
and the Commissioner for Crown Lands. '^ In the general election of 1844, 
he gained the distinction of being re-elected in two separate constituencies, 
namely Saguenay and Bellechasse. Due to his life-long association with the 
county, he decided to return to the Assembly in 1844 as the member for 
Bellechasse. Morin held this seat for 11 years. ^^ Upon the opening of 
parliament, he was put forward as the opposition's nominee for the office of 
Speaker. He lost the election to the government's candidate, Allan Napier 
MacNab, by a slim, three-vote margin.^* 

In 1848, Morin was returned to the House and, once again, was nominated 
for the office of Speaker. This time, he was successful and won the election 
by an overwhelming vote of 54 to 19.^^ While his proficiency in both 
English and French may be cited as a factor in his election to the Chair, it 
is more likely that the vote reflected the desire of Francis Hincks and the 
French Canadian coalition to keep the Speakership out of the hands of John 
Sandfield Macdonald, the leader of the Reform party in Canada West and a 
supporter of policies antithetic to those espoused by Hincks.^ 

During his term in the Chair, the House considered several bills dealing with 
social issues. Many petitions for the abolition of capital punishment were 
made to the Assembly during this period. Legislation on this matter was not 
introduced, however, until the parliament's third session and failed to pass 
a second reading.^^ In addition, numerous attempts were made to introduce 
legislation which would abolish imprisonment for debt. Even though such 
a bill did receive passage during the second session, subsequent attempts to 
introduce new or amending bills were made.^ 

Economic issues also received the attention of the Assembly. The problem 
of rising public debt spawned the introduction of legislation to provide for 
better management of public ftinds. The bill was quickly debated and 
passed.^ Not long after the passage of this legislation, the House dealt 
with another aspect of public finance, namely the remuneration of members 
of the Assembly. Not surprisingly, the Assembly moved with considerable 
speed to pass a bill providing for the repayment of expenses they incurred 
while attending the sessions of the Legislature.^ Furthermore, a bill 
providing for the incorporation of the Consumers' Gas Company of Toronto 
was passed during Morin's term in the Chair.^ 

However, the most noteworthy event of Morin's Speakership occurred during 
debate on the Rebellion Losses Bill. Throughout the emotional debate, he 



100 



Augustin-Norbert Morin 



maintained control of the Chamber; indeed, he did not hesitate to have the 
galleries cleared when necessary. Nevertheless, the acid test of his 
endurance came when rioters set the parliament building on fire. A story 
about the incident maintains that Speaker Morin went as far as to request a 
formal motion of adjournment as the Chamber itself was catching fire.^ 
As a consequence of the building's destruction, the Assembly was forced to 
move its gatherings to St. Anne's Market Hall. Here business resumed and 
members considered many of the aforementioned bills as well as several 
petitions from individuals requesting repayment for losses suffered during 
both the Rebellion of 1837 and the Montreal Riot.^^ 

Morin was returned to the Assembly in 1851 as the member for Terrebonne. 
Due to the retirement of Lafontaine, he became leader of the French 
Canadian faction as well as a colleague of Francis Hincks. Together, Hincks 
and Morin formed a coalition government which held power until September 
1854.^* After the defeat of Hincks in 1854, Morin formed another coalition 
with one-time opponent Allan Napier MacNab. This second alliance lasted 
until 26 January 1855.^^ At this time, Morin resigned from the government 
because of his failing health. 

During the final decade of his life, Morin was involved in the codification 
of the civil law of Canada East. He was appointed to the commission 
charged with carrying out this process on 4 February 1859. Unfortunately, 
he did not live to see the completion of the project. Augustin-Norbert Morin 
died on 27 July 1865 at Sainte-Ad^le de Terrebonne, one year before the new 
civil code came into force.^ 



Notes 



^Jacques Monet, The Last Canon Shot: A Study of French-Canadian 
Nationalism, 1837-1850 (Toronto: University of Toronto Press, 1969), p. 
45; Pierre-Georges Roy, ed., "L'honorable Juge Augustin-Norbert Morin," 
Les Juges de la province de Quebec (Quebec: Service des Archives du 
Gouvernement de la province de Quebec, 1933), p. 387; and 
"Augustin-Norbert Morin," Dictionary of Canadian Biography, vol. 9 
(Toronto: University of Toronto Press, 1976), p. 568. 



101 



Augustin-Norbert Morin 

^Fernand Ouellet, Le Bas-Canada, 1791-1840: Changements structuraux et 
crise, 2nd ed. (Ottawa: Editions de I'Universit^ d'Ottawa, 1980), pp. 104, 
106; and Dictionary of Canadian Biography, vol. 9, p. 568. 

^Roy, Les Juges de la province de Quebec, p. 387; and Dictionary of 
Canadian Biography, vol. 9, p. 568. 

'^Morin wrote: "En toute justice, ou logique, comment peut-on demander ^ 
des gens qui, pour le plus grand nombre, ne parlent pas I'anglais, 
d' interpreter les lois fran^aises dans cette langue?" 

[Quoted in Robert Rumilly, Papineau et son temps, vol. 2 (Montreal: 
Editions Fides, 1977), p. 161.] 

See also: Roy, Les Juges de la province de Quebec, p. 387. 

^Ouellet, Le Bas-Canada, p. 324; J. M. S. Careless, The Union of the 
Canadas: The Growth of Canadian Institutions, 1841-1857, Canadian 
Centenary Series (Toronto: McClelland and Stewart, 1967), p. 33; Rumilly, 
Papineau et son temps, pp. 166-167; idem, Histoire de Montreal, vol. 2 
(Montreal: Editions Fides, 1970), p. 166; and Monet, The Last Canon Shot, 
p. 45. 

^Rumilly, Papineau et son temps, p. 167. 

^Joseph Desjardins, Guide parlementaire historique de la province de 
Quebec, 1792 a 1902 (Quebec: Hunter, Rose & Co., 1902), p. 145; J. C. 
Dent, The Last Forty Years: The Union of 1841 to Confederation, 2 vols., 
Carleton Library Series (Toronto: George Virtue, 1881; reprint, Toronto: 
McClelland and Stewart, 1972), p. 38; Rumilly, Papineau et son temps, p. 
214; and Dictionary of Canadian Biography, vol. 9, p. 568. 






or the text of the 92 Resolutions, see: W. P. M. Kennedy, ed.. 
Documents of the Canadian Constitution, 1759-1915 (Toronto: Oxford 
University Press, 1918), pp. 366-388. 

'As regards the nature and style of the Resolutions, Rumilly states "II y 
d^nonce I'accaparement de places et des terres vacantes. II demande la 
responsabilit<$ des fonctionnaires, le contrdle des deniers publics par la 
Chambre et la r^forme du Conseil l^gislatif. . . . Les resolutions, r^dig^es 
dans le style emphatique de I'^poque, comprennent des professions de foi 



102 



Augustin-Norbert Morin 

d^mocratique et un rappel de I'exemple am6ricain~ce qui ressemble 
beaucoup k une menace." [Rumilly, Histoire de Montreal^ p. 194] 

See also: Idem, Papineau et son temps, pp. 298, 300-301, 319-321; Ouellet, 
Le Bas-Canada, p. 357; and Careless, The Union of the Canadas, p. 33. 

^"Dent, The Last Forty Years, p. 38; Rumilly, Papineau et son temps, pp. 
314-316; Roy, Les Juges de la province de Quibec, p. 387; and Dictionary 
of Canadian Biography , vol. 9, p. 569. 

^^Rumilly, Papineau et son temps, p. 340. 

'^"Augustin-Norbert Morin," The Macmillan Dictionary of Canadian 
Biography (Toronto: Macmillan, 1963), p. 527; Rumilly, Histoire de 
Montreal, pp. 232, 238; and Dictionary of Canadian Biography, vol. 9, p. 
569. 

"Paul G. Cornell, The Alignment of Political Groups in Canada, 1841-1867 
(Toronto: University of Toronto Press, 1962), p. 5; Rumilly, Papineau et 
son temps, pp. 198, 219; and Dictionary of Canadian Biography, vol. 9, p. 
569. 

^"^Desiaidins, Guide parlementaire, p. 162. 

'^Monet, The Last Canon Shot, pp. 80-84. 

'%id., pp. 97, 106; J. O. C6t6, Political Appointments and Elections in the 
Province of Canada from 1841 to 1865 (Quebec: St. Michel & Darveau, 
1860), pp. 6, 47; Desjardins, Guide parlementaire, pp. 32, 144; Rumilly, 
Papineau et son temps, p. 253; and Cornell, The Alignment of Political 
Groups, p. 10. 

'^Desjardins, Guide parlementaire, p. 157. 

'^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly of Canada, vol. 4, 1st Session, 2nd Parliament (Montreal: Rollo 
Campbell, 1845), pp. 1-2; Donald Beer, Sir Allan Napier MacNab 
(Hamilton, Ont.: The Dictionary of Hamilton Biography, 1984), p. 191; 
Monet, The Last Canon Shot, p. 198; Careless, The Union of the Canadas, 
p. 97; and Cornell, The Alignment of Political Groups, p. 17. 



103 



Augustin-Norbert Morin 



^^rovince of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 7, 1st Session, 3rd Parliament (Montreal: Rollo Campbell, 
1848), pp. 1-2; Beer, Sir Allan Napier MacNab, pp. 239-240; Monet, The 
Last Canon Shot, p. 266; and Careless, The Union of the Canadas, p. 119. 

^^illiam G. Ormsby, "Sir Francis Hincks," in The Pre-Confederation 
Premiers: Ontario Government Leaders, 1841-1867, Ontario Historical 
Studies Series (Toronto and Buffalo: University of Toronto Press, 1980), 
pp. 181-182; Cornell, The Alignment of Political Groups, pp. 24-25; Dent, 
The Last Forty Years, pp. 182-183; and Rumilly, Papineau et son temps, pp. 
327-329. 

^^Province of Canada, Legislative Assembly, Journals of the legislative 
Assembly, vol. 8, 2nd Session, 3rd Parliament (Montreal: Rollo Campbell, 
1849), pp. 77, 131, 157, 158, 217, 226; and idem. Journals of the 
Legislative Assembly, vol. 9, 3rd Session, 3rd Parliament (Toronto: Rollo 
Campbell, 1850), pp. 60, 223. 

^Idem, Journals of the Legislative Assembly, vol. 8, 2nd Session, 3rd 
Parliament, pp. 125, 215, 228, 289, 325, 358, 359, 360, 366; idem. 
Journals of the Legislative Assembly , vol. 9, 3rd Session, 3rd Parliament, pp. 
33, 68, 109, 203; and idem. Journals of the Legislative Assembly, vol. 10, 
4th Session, 3rd Parliament (Quebec: Rollo Campbell, 1851), pp. 123, 124, 
177, 291, 326. 

^Idem, Journals of the legislative Assembly, vol. 8, 2nd Session, 3rd 
Parliament, pp. 162, 184, 186, 205, 261. 

^Ibid., pp. 214, 225, 226, 239, 363. 

^Idem, Journals of the Legislative Assembly, vol. 7, 1st Session, 3rd 
Parliament, pp. 15, 41, 48, 64, 65, 68, 81. 

^Idem, Journals of the Legislative Assembly, vol. 8, 2nd Session, 3rd 
Parliament, p. 262; William Henry Atherton, Montreal 1535-1914, vol. 2 
(Montreal: S. J. Clarke, 1914), pp. 167-169; and Monet, The Last Canon 
Shot, pp. 337-338. 

^^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 8, 2nd Session, 3rd Parliament, pp. 28, 38, 39, 53, 58, 59, 
71, 77, 90, 96, 112, 116, 127, 130, 142, 157, 169. 



104 



Augustin-Norbert Morin 



^^Desjardins, Guide parlementaire, pp. 34, 165; Cornell, The Alignment of 
Political Groups, p. 25, 30, 64; and C6t6, Political Appointments and 
Elections, p. 19, 47. 

^rian Young, George-Etienne Cartier: Montreal Bourgeois (Montreal: 
McGill-Queen's University Press, 1981), pp. 58-59; J. M. S. Careless, | 
Brown of the Globe, vol. 1: The Voice of Upper Canada, 1818-1859 
(Toronto: Macmillan, 1963), pp. \92-\9Z',R\xrm\\y, Papineauet son temps, 
p. 431. 

^oung, George-Etienne Cartier, pp. 96-97; Roy, Les Juges de la province 
de Quebec, p. 387; Rumilly, Papineau et son temps, p. 531; and Dictionary 
of Canadian Biography, vol. 9, p. 571. 



105 



John Sandfield Macdonald 




John Sandfleld Macdonald 
1852-1854 

Portrait by Theophile Hamel 



John Sandfield Macdonald 



JOHN SANDFIELD MACDONALD 

In the course of his distinguished political career, John Sandfield Macdonald 
held many prominent political offices; indeed, he is best remembered as the 
first Premier of the Province of Ontario under Confederation. It would be 
remiss, however, to disregard his other positions, not the least of which was 
the Office of the Speaker of the House, 1852-1854. 

Macdonald was bom on 12 December 1812 in St. Raphael's West, Upper 
Canada. His early childhood reflected an independent spirit ~ twice he 
unsuccessfully attempted to run away from home.^ The first phase of his 
education was completed at the local parish school. In 1828, at the age of 
16, he left the school to become a clerk in a general store in Lancaster. His 
mercantile career was short, however, and late in 1832 he enroled as a 
special student at the District Grammar School in Cornwall in preparation for 
the study of law. ^ 

In the course of his legal studies, Macdonald articled with a prominent 
Conservative lawyer, Archibald McLean from 1835-1837. McLean's 
appointment to the Court of King's Bench early in 1837 cut short 
Macdonald's association with him; as a consequence, Macdonald moved to 
Toronto with the intention of articling with another law office there.^ The 
relocation did not take place immediately, however, as in the summer of 
1837 he was commissioned as a Queen's messenger, quite probably on the 
strength of a recommendation by McLean. In this capacity, he was charged 
with carrying dispatches between the British embassy in Washington and the 
Lieutenant-Governor in Toronto.'^ 

Before he could return to Toronto and to the study of law, however, 
Macdonald found himself faced with another diversion. In the fall of 1837, 
McLean arranged for Macdonald to accompany him as his clerk on his first 
judicial circuit.^ Macdonald did so and, luckily, a diary he kept during this 
time survives. The diary not only documents the legal procedure of the 
period but also the society of Upper Canada. Likewise, it provides a glimpse 
of the inroads Macdonald was making into the political life of Upper Canada 
through his acquaintance with men such as Francis Baby, Allan Napier 
MacNab (then Speaker of the House) and, of course, McLean himself.^ 
Upon completion of the Western circuit he returned to Toronto and 
completed his articles with William Henry Draper from 1838-1840. In 1838, 
Macdonald was commissioned as a lieutenant in the Queen's Light Infantry, 
a militia unit based there. Except for a brief interlude in 1839 when he 



106 



John Sandfield Macdonald 



served with his infantry regiment in Windsor, he remained with the offices 
of the Attorney General for Upper Canada until the spring of 1840. At that 
time, he left Toronto to establish his own law office in the growing town of 
Cornwall. He married later in the same year.^ 

The Union Act, 1840 (23 July 1840) brought with it changes to the political 
landscape; Upper and Lower Canada became one province with a new 
Assembly in which equal representation for both French and English 
Canadians was established.* The prominent political and social leaders of 
Glengarry County chose Macdonald to stand as their candidate in the first 
general election held under the Act. Several factors, including his mastery 
of the Gaelic dialect spoken in the area and his training under McLean and 
Draper, made him the perfect candidate to represent the views of 
constituents. A general election was called for late in 1841 and Macdonald 
was elected to the Assembly as the member for Glengarry a position he 
would hold throughout all eight of the united parliaments.' 

During the course of the first united parliament, Macdonald often took 
positions on issues that were contrary to those held by his old tutor and now 
government leader Draper. He unsuccessfully tried, for example, to stop the 
Municipal Bill which provided for the replacement of the courts of quarter 
session with elected district councils. '° In the same session, he opposed the 
passage of Draper's bill which called for easier naturalization of Americans. 
Despite the fact that he was himself married to an American, he argued that 
it would be easier to make the Niagara River flow up-stream than to make 
the Americans in Upper Canada into 'good subjects' of the province." In 
September of 1842, he shifted his political loyalties away from the 
Conservatives and sided with the Reformers. Macdonald would later 
describe himself as a 'political Ishmaelite' as he maintained an allegiance to 
the Reformers but was not always satisfied with their approach to the issues 
which faced the House. '^ 

He was returned to the House in 1844 becoming Robert Baldwin's principal 
advisor on the Eastern District. In the same year, Macdonald established the 
Cornwall Freeholder and used it as a platform from which to voice his 
Reform ideals, particularly on the issue of responsible government. His 
political role and, consequently, his importance grew steadily during the late 
1840s, both in his riding and in the Assembly. He controlled patronage 
appointments within Glengarry and, soon developed a large political 
following. He was returned to the House by acclamation in 1849, a scene 
that was repeated in the general election of 1851. In 1849 he was appointed 



107 



John Scmdfield Macdonald 



Solicitor General for Canada West under the second Robert Baldwin-Louis 
H. Lafontaine administration.'^ Considering all these factors it is not 
surprising that Macdonald became a candidate for the office of Speaker in 
1852. 

Before the House met for the first time after the 1851 general election, it was 
rumoured that Macdonald was being considered for the position of Attorney 
General of Canada West. This rumour was unsubstantiated, however, and 
he was instead offered the office of Commissioner of Crown Lands -- an 
offer that was quickly withdrawn by Premier Francis Hincks, Baldwin's 
successor.''* When the Assembly did convene in Quebec in 1852, 
Macdonald quickly surfaced as a possible candidate for the office of Speaker. 
Questions were raised about the state of his French; Macdonald admitted to 
speaking the language "tolerably well" but was initially "loathe to forego the 
floor for the chair. "'^ The issue of his staunch Roman Catholicism did not 
surface at this time as an impediment to holding the Chair. Indeed, this 
seeming disregard by the members of the Assembly for Macdonald's 
religious sympathies is puzzling since it occurred during a well-documented 
period of conflict in the House over many issues involving religion.'^ In 
any case, he eventually accepted the nomination for speakership. It has been 
suggested that Macdonald realized that the nomination was a device with 
which to mollify him and reduce the threat of opposition from his followers 
in the House. '^ In due course, he was nominated for the office by Premier 
Hincks (an unusual event for the time) and easily won election to the office 
of Speaker by a vote of 55 to 23.'* 

Speaker Macdonald presided over a particularly long session; it was 
adjourned from 11 November 1853 to 14 February 1854, most likely due to 
the cholera epidemic in the city. During the course of the autunm 1853 
sitting, the House dealt with several important issues and passed several acts 
including the Grand Trunk Railway Act and the Representation Act, 1853 
which increased the number of seats in the Assembly from 84 to 130.'' 
The House did not, however, resolve the on-going debate regarding the 
secularization of clergy reserves but merely passed an address criticizing the 
inaction of the conservative Derby government in Britain.^ It has been 
noted that throughout this session Macdonald executed his duties as Speaker 
with ease and even went so far as to take steps to improve his French.^' 
The events of 1852-1853, however, were not to prove as demanding for 
Speaker Macdonald as those which occurred when the House resumed in 
June 1854. 



108 



John Sandfield Macdonald 



Two mysterious fires that destroyed both the old Parliament buildings of 
Lower Canada and the convent that was to have been the temporary 
legislative quarters forced the postponement of the sitting until the last day 
permissible by law. When the session opened in the local Music Hall on 13 
June 1854, the government quickly proceeded with its throne speech. It was 
an innocuous speech declaring the government intended to do little about the 
major issues facing the Assembly. Issues such as the clergy reserves and the 
abolition of seigneur ial tenure in Lower Canada had to wait until a new 
House, whose membership was based on the guidelines contained in the new 
Representation Act, 1853, had been elected.^ The opposition members 
vigorously debated the speech. In fact, after two amendments to the address 
in reply had been made, the opposition united and managed to bring down 
the government with a vote of 42 to 29.^ 

Two days later, Governor-General Lord Elgin, visited the Legislative 
Council with the express intent of dissolving parliament. After some 
deliberation and with the support of several members of the Assembly, 
Speaker Macdonald went to the Council chambers. Before Lord Elgin could 
deliver the closing address, the Speaker delivered a speech in which he 
challenged the constitutionality of the proceedings. Citing a legislative 
decision of 1841, he argued that as no act or other business had passed 
through the House, a session had not been constituted. It was, therefore, 
unconstitutional to dissolve a session that had not, by the Legislature's own 
definition, occurred. Upon completion of his speech in English, Speaker 
Macdonald then repeated the entire text in French -- not to outrage the 
Governor-General but rather to comply with the bilingual tradition Lord 
Elgin had himself instigated in 1848. Despite Macdonald's efforts, the 
prorogation of the session and the dissolution of Parliament followed quickly 
thereafter.^ 

Speaker Macdonald was aware of the controversy that was sure to surround 
his actions. In anticipation of such criticism he had Alpheus Todd, the 
assistant legislative librarian and a constitutional expert, investigate the 
historical grounds for his challenge. Todd reached the conclusion that 
Macdonald's actions were "amply vindicated" although he did admit that the 
position taken by the Speaker was "indeed more justifiable than I had 
supposed, before thoroughly investigating the question."^ Todd cited 
precedents from Elizabethan, Stuart and Hanoverian parliamentary experience 
to support his view that 



109 



John Sandfield Macdonald 



... the Speaker is justified and required to 
act on behalf of the House, as the exponent 
of their view and opinions, as well in 
ordinary cases wherein they cannot 
otherwise formally or legitimately make 
them known and also in extraordinary 
emergencies. . .^ 

The June dissolution, he indicated, was just such an "emergency." 

In the ensuing election, Macdonald was again returned to the House by 
acclamation. The divisions that had manifested themselves within the 
Reform party during the last Assembly were mirrored in the parliament that 
met in September 1854. The Francis Hincks -- Augustin-Norbert Morin 
coalition which formed the government lasted only three days. On 8 
September, both the Conservative and splinter Reform opposition combined 
to defeat it. Although Macdonald was considered a prominent member of the 
Reform party, he and his group of moderate or "Baldwinite" reformers were 
not called upon to form a government.^^ It was during this period that he 
became a champion of the concept of a "double majority," that is, where the 
government in power would function with the support of the majority of 
members from both Canada East and Canada West. Under such a situation 
there would generally be two ministers for each portfolio, one responsible for 
Canada East and another for Canada West. Macdonald had a chance to put 
these ideas into action when he and Louis-Victor Sicotte were called upon to 
form a ministry in the fall of 1859.^ 

The remaining years of Macdonald's political career are indeed worthy of 
note, however brief. On 24 May 1862, Macdonald became Attorney General 
for Canada West and Premier of the Province of Canada.^ During the 
years of 1864-1867, he played a minimal role in the politics of the province 
and, although involved in the debates over such issues as the Quebec 
Resolutions and Confederation, he was generally relegated to the political 
sidelines.^ Perhaps some irony can be found in the fact that even though 
he opposed Confederation, it was John Sandfield Macdonald who became the 
first Premier of the Province of Ontario under this union. He held this office 
until December 1871, when his government was forced to resign,^^ In May 
1872 his health had deteriorated to the point where he attended few of the 
Assembly's sittings. He died in June of the same year at the age of 59. 



110 



John Sandfield Macdonald 

Notes 

^Bruce W. Hodgins, John Sandfield Macdonald: 1812 - 1872, Canadian 
Biographical Studies (Toronto: University of Toronto Press, 1971), pp. 7-9; 
and idem, "John Sandfield Macdonald," in The Pre-Confederation Premiers: 
Ontario Government Leaders, 1841 - 1867, ed. J. M. S. Careless, Ontario 
Historical Studies Series (Toronto and Buffalo: University of Toronto Press, 
1980), pp. 247-8. 

^Hodgins, John Sandfield Macdonald: 1812-1872, pp. 5 - 7. 

^George W. Spragge, "Introduction to A Diary of 1837," Ontario History 
48 (1954): 1; and Hodgins, "John Sandfield Macdonald," p. 248. 

*Spragge, "Introduction," p. 1; and Hodgins, John Sandfield Macdonald: 
1812-1872, pp. 8-10. 

^Spragge, "Introduction," p. 1. 

^John Sandfield Macdonald, "A Diary of 1837," Ontario History 48 (1954): 
8-10. 

^Hodgins, John Sandfield Macdonald: 1812-1872, pp. 9-11. 

^The Union Act, 1840 (U.K.), 3-4 Vic, c. 35. 

^oyce MacGillivray and Ewan Ross, A History of Glengarry (Belleville: 
Mika Publishing, 1979), pp. 62-63; J. C. Dent, The Last Forty Years: The 
Union of 1841 to Confederation, 2 vols., Carleton Library Series (Toronto: 
George Virtue, 1881; reprint, Toronto: McClelland and Stewart, 1972), pp. 
39-40; and Hodgins, John Sandfield Macdonald: 1812-1872, p. 11. 

'"hodgins, John Sandfield Macdonald: 1812-1872, p. 13. 

^^Toronto Examiner, 11 August 1841. 

'^Dent, The Last Forty Years, p. 40; and Hodgins, John Sandfield 
Macdonald: 1812-1872, p. 251. 



Ill 



John Sandfield Macdonald 



'^Hodgins, "John Sandfield Macdonald," pp. 251-254. 

'''Francis Hincks, Reminiscences of Public Life (Montreal: Hunter, Rose & 
Co., 1884), pp. 250-258; and J. M. S. Careless, Brown of the Globe, vol. 
1: The Voice of Upper Canada, 1818-1859 (Toronto: Macmillan, 1963), 
p. 149. 

'^John Sandfield Macdonald to Dr. E. J. Barker, letter, 27 December 1851, 
John Sandfield Macdonald Papers, Public Archives of Canada (PAC). 



'^Hodgins, "John Sandfield Macdonald," p. 247; idem, John Sandfield 
Macdonald: 1812-1872, pp. 23-25; and Charles Clarke, Sixty Years in 
Upper Canada with Autobiographical Recollections (Toronto: William 
Briggs, 1908), pp. 137-138. 

'^Hodgins notes that while Macdonald held the Chair, his followers often did 
vote in favour of the government. [Bruce W. Hodgins, "The Political Career 
of John Sandfield Macdonald" (Ph.D. diss.. University of Toronto, 1964), 
pp. 116-118.] 

'^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 11, 1st Session, 4th Parliament (Quebec: Rollo Campbell, 
1853), p. 2; Paul G. Cornell, The Alignment of Political Groups in Canada, 
1841-1867 (Toronto: University of Toronto Press, 1962), pp. 32-33; and 
Careless, Brown of the Globe, vol. I, p. 192. 

At the time, Henry Smith, Opposition member for Frontenac, suggested that 
Hincks' nomination of Macdonald came from a fear of him and his 
supporters and that it "was meant as a douceur." [Globe and Mail, 24 
August 1852 as quoted in Hodgins, "The Political Career of John Sandfield 
Macdonald," p. 116.] 

'hodgins, John Sandfield Macdonald: 1812-1872, pp. 25-26. 

^Idem, "The Political Career of John Sandfield Macdonald," p. 118. 

24dem, "John Sandfield Macdonald," p. 256. 

22ldem, "The Political Career of John Sandfield Macdonald," pp. 133-134. 



112 



John Sandfield Macdonald 

^Idem, John Sandfield Macdonald: 1812-1872, p. 27. 

^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 12, 2nd Session, 4th Parliament (Quebec: Rollo Campbell, 
1854), p. 31; Hodgins, John Sandfield Macdonald: 1812-1872, pp. 27-28; 
and Careless, Brown of the Globe, vol. 1, pp. 184-187. 

^Alpheus Todd to John Sandfield Macdonald, "Opinion upon the Speech of 
Mr. Speaker Macdonald to His Excellence the Governor at the Prorogation 
of the Provincial Parliament, in June 1854," 6 July 1854, John Sandfield 
Macdonald Papers, PAC. 



26 



Ibid., attachment to letter, p. 3. 

^^On the development and use of the term 'Baldwinite' reformer, see: "A 
Letter on the Reform Party, 1860: Sandfield Macdonald and the London 
Free Press," introduced by Bruce W. Hodgins and Elwood H. Jones, Ontario 
History 57 (1965): 41-42; and Hodgins, John Sandfield Macdonald: 1812- 
1872, pp. 29-30. 

"'Hodgins, "John Sandfield Macdonald," pp. 259-263. 

"^J. O. C6t6, Political Appointments and Elections in the Province of Canada 
from 1841 to 1865 (Quebec: St. Michel & Darveau, 1860), pp. 5, 20, 46. 

hodgins, "John Sandfield Macdonald," pp. 263-269; and idem, John 
Sandfield Macdonald: 1812-1872, pp. 75-88 passim. 

^^ Globe and Mail, 20 December 1871, as quoted in Hodgins, John Sandfield 
Macdonald: 1812-1872, p. 116. 



113 



Louis-Victor Sicotte 




Louis-Victor Sicotte 
1854-1857 

Portrait by Theophile Hamel 



Louis-Victor Sicotte 



LOUIS-VICTOR SICOTTE 



Louis-Victor Sicotte was born on 6 November 1812 at Boucherville, Lower 
Canada. He received his secondary education at the S^minaire de 
Saint-Hyacinthe, which he attended from 1822 to 1829, After his departure 
from the S6minaire, he turned his attentions to the study of law and articled 
in the offices of Larocque, Bernard et C'*' in Montreal. He was called to the 
Quebec Bar on 28 December 1838.^ 

In the years before his entrance into the provincial Assembly, Sicotte was 
involved with many different projects, the majority of which reflected his 
own Patriote or nationalist sentiments. It is known, for example, that he 
served as secretary-treasurer of the politically-oriented social organization 
called "Aide-toi, le Ciel t'aidera" which first introduced Saint Jean-Baptiste 
Day as the national festival of French Canadians.^ In addition, although 
there is no evidence to suggest that he actively participated in any of the 
uprisings, it is quite likely that he took at least a passive role inthe Rebellion 
of 1837. Not all of Sicotte's early interests lay in politics, however. In 
1838, he settled in Saint-Hyacinthe and established his own law office. He 
continued to practice law during and, in 1854, was made a Queen's 
Counsel.^ 

Sicotte's first attempt at winning a seat in the Assembly came in 1848; 
ironically, he was defeated in this election by a fellow Reform candidate. He 
made a second and more successful attempt in 1851 and was returned to the 
House as the representative for his home constituency of Saint-Hyacinthe. 
He held this seat for 11 years.'* Sicotte took a great interest in the daily 
business of the House and soon distinguished himself as an ardent Reformer 
who championed French-Canadian causes. For example, on 22 February 
1853 he was appointed chairman of a parliamentary committee responsible 
for submitting a report on the status of education in Canada East. The 
committee submitted its report three months later but only after having 
sought the opinions of both Protestant and Roman Catholic clergy on the 
matter. While the report outlined the favourable climate for educational 
reform which existed in Canada East, the government took no immediate 
action.^ 

On 17 August 1853, Sicotte's growing prominence and importance in the 
Assembly was confirmed when government leader Augustin-Norbert Morin 
offered him a seat in the Cabinet as Commissioner of Crown Lands. Sicotte 
accepted the office but resigned only eight days later over the 



114 



Louis-Victor Sicotte 



administration's reluctance to address the issues of the abolition of seigneurial 
tenure and the secularization of the clergy reserves.^ In fact, it was he who, 
on 20 June 1854, proposed a motion of non-confidence based on the 
government's slow movement on precisely these matters. While his initial 
motion was narrowly defeated, a similar one was passed later the same day 
by a vote of 42 to 29.^ 

Sicotte was re-elected to the House in 1854 and quickly rose to prominence 
once again. When the fifth parliament opened on 5 September 1854, he was 
elected to the Speakership over the government's candidate, George-Etienne 
Cartier.* While Francis Hincks, the government leader, did not favour 
Sicotte's nomination he also did not favour that of the incumbent Speaker, 
John Sandfield Macdonald. Thus, in order to keep Sandfield Macdonald 
from the Chair for a second term, Hincks threw his support behind Sicotte. 
The Reformer's election to the Chair did not lessen the problems of the 
administration but signalled its demise. Within two days, the government 
was defeated on a motion of non-confidence.^ The new administration did 
not force Sicotte to relinquish the Chair and he presided over the Chamber 
until 1857. 

While the House debated a myriad of issues during Sicotte's term in the 
Chair, those pertaining to the political state of the province figured 
prominently in the daily agenda. Several attempts were made to introduce 
legislation which would establish vote by ballot for elections of the members 
of the Legislative Assembly. Although this question was debated throughout 
the sessions, no relevant legislation was passed. ^° More successful was the 
Assembly's debate on the nature of the Legislative Council. A bill to amend 
The Union Act, 1840 and to render the Legislative Council an elective rather 
than an appointed body was passed during the first session. ^^ Not 
surprisingly, this bill did not receive Royal Assent and a second attempt to 
introduce similar legislation occurred in the following session. This time. 
Royal Assent was reserved. ^^ It was not until the third session of this 
parliament that Royal Assent was actually given. ^^ 

The most important issue of Sicotte's tenure was the choice of a permanent 
seat of government for the Assembly. More than 60 petitions requesting that 
a choice be made were submitted to the House, with most coming from 
Lower Canada. The often emotional debate over which cities should be 
considered for the honour and where the interim Assembly would be held 
dominated all three sessions. Ultimately, it was resolved that an address 
would be sent to Queen Victoria requesting that she choose from among the 



115 



Louis-Victor Sicotte 



following cities: Toronto, Quebec, Montreal, Ottawa, Kingston and 
Hamilton. ^'^ 

Social and administrative legislation also merited the attention of the House 
during this period. A bill to appropriate moneys from the sale of clergy 
reserves for municipal purposes received passage.'^ Legislation providing 
for the expansion of judicial jurisdiction^'' and for the codification of the 
Civil Law of Lower Canada^^ was passed through the House. Also during 
this period, the town of Oakville received its Act of Incorporation,'* as did 
the Toronto Exchange'^ and St. Michael's College.^ 

Sicotte's election to the Speakership was merely the beginning of a 
distinguished parliamentary career. During the following six years, he 
served as a member of the Executive Council on no fewer than three 
occasions.^' Moreover, he was returned to the House by acclamation in 
1857 and, on 25 November 1857, was offered the Cabinet post of 
Commissioner of Crown Lands due to the resignation of Etienne-Paschal 
Tach6. He held this office until 1 August 1858.^^ Although he was offered 
a ministerial position in the George Brown — A. A. Dorion administration in 
1858, he rejected this offer because of and his political ideals and his 
personal dislike of Brown.^ However, with the defeat of the 
Brown-Dorion coalition in the fall of the same year, Sicotte returned to the 
inner circle as Commissioner of Public Works in the G. E. Cartier -- John 
A. Macdonald cabinet. He held this portfolio until 10 January 1859, when 
he resigned his appointment over the government's decision to accept Queen 
Victoria's choice of Ottawa as the capital. As did many other Members of 
the House, Sicotte felt that Ottawa was an inappropriate choice for the capital 
city of a thriving political union. Shortly after handing in his resignation, 
Sicotte mounted a campaign to reverse Queen Victoria's decision and even 
moved a want of confidence motion against the government on this issue. 
It was only through the efforts of future Speaker Richard William Scott that 
Sicotte's motion was defeated and Ottawa's new political status was 
affirmed.^ 



Baft 

■w 



ith his departure from the Cabinet, Sicotte became the leader of the 
Opposition from Canada East and, in May 1862, formed a coalition 
government with John Sandfield Macdonald. He held the office of Attorney 
General for Canada East until this administration was defeated by a motion 
of non-confidence on 8 May 1863.^ When he was returned to the House 
later that year, he took steps to overthrow the new Sandfield Macdonald - 
Dorion administration. Shortly after the opening of the first session, he 



116 



Louis-Victor Sicotte 



unsuccessfully moved a motion of non-confidence against the government. 
In any event, he did not remain in the House long enough to pursue the issue 
further. In what was seen as an attempt to muzzle Sicotte, he was appointed 
to the bench of the Superior Court for the Saint-Hyacinthe District on 5 
September 1863. He presided over this court for almost 25 years, resigning 
the appointment on 7 November 1887.^ 

Louis-Victor Sicotte died on 5 September 1889 at Saint-Hyacinthe, Quebec. 



NOTES 

^George MacLean Rose, ed., /4 Cyclopedia of Canadian Biography (Toronto: 
Rose Publishing Co., 1888), p. 438; Pierre-Georges Roy, ed., Les Juges de 
la province de Quebec (Quebec: Service des Archives du Gouvernement de 
la province de Quebec, 1933), p. 503; and "Louis-Victor Sicotte," Dictionary 
of Canadian Biography, vol. 11 (Toronto: University of Toronto Press, 
1982), p. 821. 

^Robert Rumilly, Histoire de Montreal, vol. 2 (Montreal: Editions Fides, 
1970), p. 199; Rose, Cyclopedia of Canadian Biography, p. 439; and 
Dictionary of Canadian Biography, vol. 11, p. 821. 

^Ibid.; Roy, Les Juges de la province de Quebec, p. 503; and J. O. C6t6, 
Political Appointments and Elections in the Province of Canada from 1841 
to 1865 (Quebec: St. Michel & Darveau, 1860), p. 125. 

■^Joseph Desjardins, Guide parlementaire historique de la province de 
Quebec, 1792 d. 1902 (Quebec: Hunter, Rose & Co., 1902), p. 165; J. M. 
S. Careless, The Union of the Canadas: The Growth of Canadian 
Institutions, 1841-1857, Canadian Centenary Series (Toronto: McClelland 
and Stewart, 1967), pp. 186-187; Roy, Les Juges de la province de Quebec, 
p. 503; and Rose, Cyclopedia of Canadian Biography, p. 438. 

^Dictionary of Canadian Biography, vol. 11, p. 822. See also: Province of 
Canada, hQg\^\2i\\w& k^^trnhXy , Journals of the Legislative Assembly , vol. 11, 
1st Session, 4th Parliament (Quebec: Rollo Campbell, 1853), passim. 

^Robert Rumilly, Papineau et son temps, vol. 2 (Montreal: Editions Fides, 
1977), pp. 417-418; Desjardins, Guide parlementaire, p. 34; C6t6, Political 
Appointments, p. 19; and Rose, Cyclopedia of Canadian Biography, p. 438. 



117 



Louis-Victor Sicotte 



^Paul G, Cornell, The Alignment of Political Groups in Canada, 1841-1867 
(Toronto: University of Toronto Press, 1962), pp. 34-35; J. M. S. Careless, 
Brown of the Globe, vol. 1: The Voice of Upper Canada, 1818-1859 
(Toronto: Macmillan, 1963), p. 186. 

^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 13, 1st Session, 5th Parliament (Quebec: Rollo Campbell, 
1854), pp. 2-3; and Rumilly, Histoire de Montreal, vol. 2, p. 348. 

^Careless, The Union of the Canadas, p. 192; idem. Brown of the Globe, 
vol. 1, p. 192; Rumilly, Papineau et son temps, p. 430; Cornell, The 
Alignment of Political Groups, p. 68; and Rose, Cyclopedia of Canadian 
Biography, p. 438. 

'"Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 13, 1st Session, 5th Parliament, pp. 240, 949, 1256; and 
idem. Journals of the Legislative Assembly, vol. 14, 2nd Session, 5th 
Parliament (Toronto: Rollo Campbell, 1856), p. 82. 

"Idem, Journals of the Legislative Assembly, vol. 13, 1st Session, 5th 
Parliament, pp. 701, 760, 766, 803, 913, 1010, 1052, 1083-1087, 1093, 
1094, 1095. 

'^Idem, Journals of the Legislative Assembly, vol. 14, 2nd Session, 5th 
Parliament, pp. 115, 146, 149, 173, 191-193, 194, 372, 374, 466, 528. 

*^Idem, Journals of the Legislative Assembly, vol. 15, 3rd Session, 5th 
Parliament (Toronto: Rollo Campbell, 1857), p. i. 

'"Idem, Journals of the Legislative Assembly, vol. 13, 1st Session, 5th 
Parliament, pp. 285, 294, 295, 298, 733, 738, 740, 742, 743, 744, 745; and 
idem, Journals of the Legislative Assembly, vol. 14, 2nd Session, 5th 
Parliament, pp. 322, 323, 327, 328, 329. 

''Idem, Journals of the Legislative Assembly, vol. 13, 1st Session, 5th 
Parliament, pp. 193, 219, 220, 257-262, 267-273, 274, 303, 304, 320, 383, 
384, 385, 485, 582. 

'%id., pp. 141, 164, 166, 649, 1223, 1234, 1266. 



118 



Louis-Victor Sicotte 



^^Idem, Journals of the Legislative Assembly, vol. 15, 3rd Session, 5th 
Parliament, pp. 60, 239, 516, 517, 544, 571, 630, 721. 



^%id., pp. 27, 59, 65, 146, 212, 247, 258, 380, 526. 

^^dem. Journals of the Legislative Assembly, vol. 13, 1st Session, 5th 
Parliament, pp. 95, 116, 117, 314, 457, 461, 534, 584. 

^id., pp. 147, 153, 160, 210, 213, 214, 836, 841, 842, 941, 1155. 

^*C6t6, Political Appointments, p. 20. 

^Rumilly, Papineau et son temps, p. 466; C6t6, Political Appointments, 
p. 6; Rose, Cyclopedia of Canadian Biography, p. 438; Roy, Les Juges de 
la province de Quebec, p. 503; Desjardin, Guide parlementaire, p. 36; and 
Cornell, The Alignment of Political Groups, p. 46. 

^Rumilly, Papineau et son temps, pp. 509-513; and Dictionary of Canadian 
Biography, vol. 11, p. 822. 

^Richard William Scott, The Choice of the Capital: Reminiscences Revived 
on the Fiftieth Anniversary of the Selection of Ottawa as the Capital of 
Canada by Her Late Majesty (Ottawa: The Mortimer Company, 1907), 
p. 36; Wilfred Eggleston, The Queen's Choice: A Story of Canada's Capital 
(Ottawa: The National Capital Commission, 1961), pp. 109-110; 
"Louis-Victor Sicotte," The Macmillan Dictionary of Canadian Biography 
(Toronto: Macmillan, 1963), p. 690; Rose, Cyclopedia of Canadian 
Biography, p. 438; Roy, Les Juges de la province de Quebec, p. 503; 
Desjardins, Guide parlementaire, p. 37; Careless, Brown of the Globe, vol. 
1, p. 291; Rumilly, Papineau et son temps, p. 481; and Cot^, Political 
Appointments, p. 6. 

^Careless, Brown of the Globe, vol. 2: Statesman of Confederation, 
1860-1880, pp. 66, 84, 99; C6t6, Political Appointments, p. 5; Rose, 
Cyclopedia of Canadian Biography, p. 438; Rumilly, Papineau et son temps, 
pp. 503-504; and Cornell, The Alignment of Political Groups, p. 50. 

^Careless, Brown of the Globe, vol. 2, p. 100; Rose, Cyclopedia of 
Canadian Biography, p. 439; Roy, Les Juges de la province de Quebec, p. 
503; and Dictionary of Canadian Biography, vol. 11, p. 823. 



119 



Henry Smith Jr. 



Henry Smith Jr. 
1858-1861 

Portrait by William Sawyer 



Henry Smith Jr. 



HENRY SMITH JR. 

The role of the office of Speaker in the daily business of the Legislative 
Assembly during the pre-Confederation period is readily discerned from the 
Journals. The importance of the office to the agenda of political groups and 
individuals, however, is more difficult to ascertain. On the one hand, 
election to the Chair was sometimes used by the dominant political group to 
mollify, to reward or even to punish one of its own. Indeed, while 
impartiality was perceived as a necessary characteristic for anyone who 
occupied the Chair, this same principle was often cast aside during the 
selection of candidates. On the other hand, holding the office of Speaker 
often denoted a significant change in an individual political career. For some 
it was the high point of the parliamentary career; for others, the Speakership 
was a stepping-stone to higher offices. In the case of Henry Smith Jr., his 
election to the office of Speaker was, in fact, akin to a disciplinary action 
and signalled the beginning of the end of his legislative career. 

Smith was born on 23 April 1812 in London, England. His family emigrated 
to Lower Canada before 1818 and, for a brief period, settled in Montreal. 
Here he attended Dr. Benjamin Workman's private school. The Smiths did 
not remain in Montreal long and eventually relocated to Kingston in Upper 
Canada. Smith completed his education at the Midland District Grammar 
School where he became acquainted with John Alexander Macdonald.* 

After finishing school. Smith undertook the study of law. He articled in 
Kingston with Alexander Hagerman, the local Family Compact leader. As 
a teenager. Smith had acted as one of Hagerman's campaign workers; it was 
this early foray into political life which had not only introduced the two men 
but led to Hagerman accepting Smith as a student. When Hagerman was 
temporarily promoted to the judiciary. Smith transferred his studies to the 
offices of Thomas Kirkpatrick, another local and influential lawyer.^ He 
was called to the Bar around 1833.^ 

Smith's friendship with John A. Macdonald continued into his years of legal 
practice and later of politics. In 1838 the two Kingston lawyers collaborated 
in the defense of John Ashley. Smith acted as senior counsel in the matter 
and Macdonald as junior. Ashley, the jailer of Fort Henry, had been 
arrested without a warrant for allegedly allowing eight prisoners to escape 
detention. Although there was no evidence that Ashley had played any part 
in the escape. Colonel Henry Dundas, commander of the fort, had arrested 
him. Smith and Macdonald argued that the lack of evidence and absence of 



120 



Henry Smith Jr. 



a warrant made Ashley's arrest highly irregular. Furthermore, they argued 
that due to these irregularities Ashley should be released from what was 
becoming a lengthy captivity. While the court found Ashley's arrest to be 
justifiable. Smith and Macdonald succeeded in winning £200 in damages for 
their client.* 

Smith also collaborated with Macdonald in other matters. Both men were 
created Queen's Counsel on 19 December 1846^ and both were among the 
founding members of the Cataraqui Club. The Club, modelled on the Wistar 
Association of Philadelphia, was incorporated in 1848 as a discussion group. 
The Club's founders were also intent on establishing a library in Kingston.^ 

Smith was first elected to the Legislative Assembly in 1841 as the 
representative for Frontenac. While it has been suggested that he was "an 
effective though not a prominent parliamentarian," his 20-year sojourn in the 
House was not without incident.^ For instance, in 1848 and 1849, he gained 
notoriety from his connections to the Kingston Penitentiary, scandal. His 
father, Henry Smith Sr., had been appointed warden of the penitentiary in 
1835.* After his election to the House, Smith Jr. had defended the interests 
of the penitentiary and its warden. In 1846 he had initiated a bill which 
increased the warden's salary and power while reducing that of the deputy 
warden. As a result of the bill's passage, the prison inspectors resigned and 
new inspectors who were sympathetic to Warden Smith and his policies were 
appointed.' Two years later the situation regarding Warden Smith and his 
practices came to a head. In 1848 a parliamentary committee was established 
to inquire into the accusations of cruelty, mismanagement and favouritism 
which had been brought against the senior Smith. George Brown, a 
Reformer, was the committee's secretary. Despite the attempts of John A. 
Macdonald to defend the warden's behaviour, disclosures of sadistic and 
unwarranted punishment and financial mismanagement eventually led to 
Warden Smith's dismissal. ^° 

In spite of such negative publicity about his father, the political career of 
Henry Smith Jr. continued to progress successfully, although in a 
circumscribed manner. It has been suggested that his political ascent 
occurred not out of any particular political ability on Smith's part, but rather 
due to his usefulness to the Upper Canadian Conservatives during the late 
1840s and early 1850s. As Swainson notes, "he was one of the few 
moderate Tories able to hold his seat between 1848-54."^' In any case, he 
continued to be involved in the daily business of the House and also assisted 
Macdonald with the management of the Eastern District during this period. 



121 



Henry Smith Jr. 



In addition, from 11 September 1854 until 24 February 1858 he held the 
office of Solicitor General for Upper Canada. ^^ It was Smith who, in 
March 1857, introduced the Independence of Parliament Bill which made the 
famous "double shuffle" of 1858 possible." 

Smith was re-elected to the Assembly in 1858 but he was not returned to the 
post of Solicitor General for Upper Canada. Instead, Smith was put forward 
as the government candidate for the lesser-paid office of Speaker. This 
action provoked anger amongst both opposition and some government 
members. Under responsible government it had been traditional to nominate 
a candidate which could carry the confidence of both the opposition and 
government members.^'* Predictably, Smith's candidacy met with a great 
deal of opposition. On 23 February 1858, an article printed in The Globe 
suggested that Smith's nomination was a blatant attempt by the government 
to save him embarrassment as it did not seem he could survive another term 
as Solicitor General.^' Most important, however, was the opposition that 
Smith encountered during the vote. Although he was elected to the Chair by 
a vote of 79 to 42, many Upper Canadian government members voted against 
him.'' 

During Smith's term in the Chair, the House discussed many political, social 
and economic issues. Early in the first session, a bill to introduce 
representation by population regardless of existing Upper and Lower Canada 
boundaries was put before the House. As quickly as the motion was 
introduced, however, it was defeated. ^^ Due to the great number of 
elections disputed in 1858, legislation to amend the electoral law, to provide 
for voter registration and voting by ballot was introduced and passed.'* The 
abolition of seigneurial rights and duties in Lower Canada also merited a 
great deal of the Assembly's attention during this period.'^ 

In the course of the third session, a non-confidence motion was brought 
against the government.^ On 26 March 1860 the Upper Canadian members 
used this procedure to voice their dissatisfaction with the largely 
French-Canadian government's dispensing of patronage. They stated that the 
government's Upper Canadian appointments were made "on the advice of 
those representing the minority, and in opposition to the feelings and wishes 
of the majority of the electors of Upper Canada. "^' An emotional debate 
ensued and several amendments to the motion were proposed. In the end, 
it was resolved that the administration did have the confidence of the House. 
Nevertheless, the 70 to 44 vote in support of this motion indicated that the 
support was far from unanimous.^ 



122 



Henry Smith Jr. 



Perhaps the most intriguing episode of Smith's term in the Chair had more 
to do with diplomacy than parliamentary procedure. In 1859, a two-mile 
long bridge spanning the St. Lawrence at Montreal was completed as part of 
the construction of the Grand Trunk Railroad. Shortly thereafter, the 
Assembly resolved to invite Queen Victoria to come to Canada and preside 
over the opening of the bridge, which was to be named in her honour.^ 
The normal procedure in such a case would have been for the 
Governor-General, Sir Francis Bond Head, to forward the invitation. 
However, the Assembly had ftirther resolved that Speaker Smith should 
convey the address to Her Majesty in person. Thus, in the summer of 1859, 
Smith visited England to deliver the address. The Queen declined the 
invitation but agreed to send the Prince of Wales to the ceremony as the 
Crown's representative.^ Not all members of the House were convinced 
that the sole purpose of Smith's journey was parliamentary. Several 
opposition and government members opined that the Speaker's trip was little 
more than a personal attempt to secure a knighthood. Alas, Smith was not 
knighted during his visit to England although such an honour was bestowed 
upon the Speaker of the Barbados House of Assembly during the same 
period.^ In fact, he did not receive his knighthood until 21 August 1860, 
during the Prince of Wales' royal tour. By this time however, he had 
suffered a great deal of negative and damaging publicity over the incident.^ 

Smith was not returned to the Assembly in 1862. The publicity surrounding 
his alleged quest for a knighthood had severely tried his friendship with John 
A. Macdonald and the two severed their political and social ties. Smith 
unsuccessftilly attempted to gain re-election to the Assembly again in 1863. 
In 1867 he was more successful and was elected to the first provincial 
legislature as the member for Frontenac. However, early in 1868 Smith 
became ill and did not recover. He died on 18 September 1868 at Kingston, 
Ontario. 



Notes 

'Henry J. Morgan, Sketches of Celebrated Canadians (London: Hunter, 
Rose and Co., 1862), pp. 622-623; Donald Swainson, "Sir Henry Smith and 
the Politics of the Union," Ontario History 65 (1974): 161-162; and "Sir 
Henry Smith," Dictionary of Canadian Biography, vol. 9 (Toronto: 
University of Toronto Press, 1976), p. 725. 



123 



Henry Smith Jr. 

^Swainson, "Sir Henry Smith," p. 162; and Dictionary of Canadian 
Biography, vol. 9, p. 725. 

^While the Barristers' Roll of the Law Society of Upper Canada Archives 
gives the date of Smith's admittance to the Bar as 1833, the entries in the 
Dictionary of Canadian Biography [vol. 9, p. 725] and Swainson [p. 163] 
give the year as 1834. Morgan cites 1836 as the year of Smith's call to the 
Bar [p. 623]. 

'^Donald Creighton, John A. Macdonald: The Young Politician (Toronto: 
Macmillan, 1952), pp. 56-58; Brian S. Osborne and Donald Swainson, 
Kingston: Building on the Past (Westport, Ont.: Butternut Press, 1988), p. 
72; and Swainson, "Sir Henry Smith," p. 163. 

^Morgan, Sketches, pp. 623-624; Creighton, John A. Macdonald, p. 118; 
Swainson, "Sir Henry Smith," p. 163; and Dictionary of Canadian 
Biography, vol. 9, p. 725. 

''Macdonald Papers, vol. 336, pt. 1, p. 152483 as quoted in The Papers of 
the Prime Ministers, vol. 1: The Letters of Sir John A. Macdonald 
1836-1857, ed. J. K. Johnson (Ottawa: Public Archives of Canada, 1968), 
p. 21; Swainson, "Sir Henry Smith," p. 163; and Dictionary of Canadian \ 
Biography, vol. 9, pp. 725-726. 

''Dictionary of Canadian Biography, vol. 9, p. 726. 

*J. M. S. Careless, Brown of the Globe, vol. 1: The Voice of Upper Canada, 
1818-1859 (Toronto: Macmillan, 1963), p. 79; Osborne and Swainson, 
Kingston, p. 85; Swainson, "Sir Henry Smith," p. 166; and Dictionary of 
Canadian Biography, vol. 9, p. 726. 

^Careless, Brown of the Globe, vol. 1, p. 79; and Swainson, "Sir Henry 
Smith," p. 166. 

^^Careless, Brown of the Globe, p. 81; Creighton, John A. Macdonald, p. 
159; and Dictionary of Canadian Biography, vol. 9, p. 725. See also: J. 
Edminson, "The History of Kingston Penitentiary," Historic Kingston 3 
(November 1954): 26-35. 

"Swainson, "Sir Henry Smith," p. 167. 



124 



Henry Smith Jr. 

'^Commission appointing Henry Smith Jr., Esq. to be Solicitor-General for 
Canada West, 11 September 1854, Sir Henry Smith Papers, Archives of 
Ontario. See also: J. O. C6t6, Political Appointments and Elections in the 
Province of Canada from 1841 to 1865 (Quebec: St. Michel & Darveau, 
1860), p. 5; Osborne and Swainson, Kingston, pp. 85, 270; Careless, Brown 
of the Globe, p. 222; Morgan, Sketches, p. 624; and Swainson, "Sir Henry 
Smith," p. 167. 

'^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 15, 3rd Session, 5th Parliament (Toronto: RoUo Campbell, 
1857), pp. 60, 130, 155, 176, 177, 261, 300; and Swainson, "Sir Henry 
Smith," p. 167. 

''^Swainson, "Sir Henry Smith," p. 168. 

^^The Globe, 23 February 1858. 

'^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 16, 1st Session, 6th Parliament (Toronto: Rollo Campbell, 
1858), p. 2; Lillian F. Gates, After the Rebellion: The Later Years of 
William Lyon Mackenzie (Toronto: Dundurn Press, 1988), p. 293; 
Swainson, "Sir Henry Smith," p. 168; and Morgan, Sketches, p. 624. 

'^Idem, Journals of the Legislative Assembly, vol. 16, 1st Session, 6th 
Parliament, p. 121. 

'%id., pp. 181-189, 354; and idem. Journals of the Legislative Assembly, 
vol. 17, 2nd Session, 6th Parliament (Toronto: Rollo Campbell, 1859), pp. 
151, 188, 331, 332, 400, 405-406, 482. 

'%id., pp. 325, 353-356, 383, 385, 408, 425, 426. 

^See: Idem, Journals of the Legislative Assembly, vol. 18, 3rd Session, 6th 
Parliament (Toronto: Rollo Campbell, 1860), pp. 89, 95, 101, 105, 106, 
107, 108. 

'%id., p. 105. 

^Ibid., pp. 106-108. 



125 



Henry Smith Jr. 

^Idem, Journals of the Legislative Assembly, vol. 17, 2nd Session, 6th 
Parliament, pp. 583, 584, 587, 588. 

^Swainson, "Sir Henry Smith," p. 169; and Creighton, John A. Macdonald, 
p. 298. 

^Swainson, "Sir Henry Smith," p. 169. 

^Ibid., pp. 170-171; Creighton, John A. Macdonald, p. 300; Morgan, 
Sketches, p. 625; and Dictionary of Canadian Biography, vol. 9, p. 726. 



I 



126 



Joseph-Edouard Turcotte 




Joseph-Edouard Turcotte 
1862-1863 

Portrait by Theophile Hamel 



Joseph-Edouard Turcotte 



JOSEPH-EDOUARD TURCOTTE 

Joseph-Edouard Turcotte was born on 10 October 1808 at Gentilly, Lower 
Canada. He received his education at the S^minaire de Nicolet which he 
attended from 1821 until 1829. In 1831, shortly after entering the 
priesthood, he lost his right arm in an accident. Although there is no formal 
evidence to establish a connection between the two events, it would appear 
that this accident precipitated Turcotte's decision to leave the seminary and 
to undertake the study of law. He articled at the offices of Elz^ar B^dard in 
Quebec' 

His first attempt at gaining political office was unsuccessful. In 1835 he ran 
as a Patriote candidate in a Nicolet by-election and was defeated by a local 
farmer.^ After this initial setback, Turcotte abandoned politics in order to 
continue his legal career. In 1836 he was called to the Bar and moved to 
Quebec where he established his legal practice. 

During the years before his election to the Assembly in 1841, Turcotte 
became involved in the Patriote party and its nationalist causes. He had 
taken a small role in the Rebellion of 1837 and became a staunch opponent 
of the union of the provinces. In 1841, he was elected to the first union 
parliament as the member for Saint-Maurice and as an anti-unionist.^ The 
irregularities which marred Turcotte's election were typical of many which 
occurred during the first general election under The Union Act, 1840. The 
returning officer for Saint-Maurice was a close friend of his opponent. 
Colonel Gugy. In an attempt to secure the election for Gugy, the returning 
officer conducted the poll in an ingenious way: he asked "que ceux qui sont 
pour M. Gugy ou pour M. Turcotte Invent la main" and then proceeded to 
count all votes for Gugy. Turcotte and his supporters were able to 
counteract this action but only by forcibly taking over the poll themselves.'* 

During the course of the first union parliament, Turcotte became the focus 
of controversy. In December 1841 he accepted the paid government post of 
translator of laws and, six months later, took that of secretary to the 
commission on seigneurial tenure. His willingness to fulfil these roles 
created an uproar amongst several Members. Many argued that by accepting 
these positions, he was not living up to the nationalist ideals he had espoused 
while campaigning. In short, the members questioned his ability both to be 
employed by and to oppose the government. As a result of their persistent 
demands that Turcotte resign his seat, a by-election was called for 



127 



Joseph-Edouard Turcotte 

Saint-Maurice. Turcotte was easily re-elected and returned to the House in 
July 1842.^ 

He did not fare as well in the general elections of 1843-1844, however, and 
was defeated. But Turcotte' s fortunes changed in 1847 and he was returned 
to the Assembly. On his return to the House he once more found himself to 
be the object of controversy. As before, charges of opportunism were 
levelled at Turcotte for while he had counted himself among those members 
who opposed the government's proposed school tax, he readily accepted the 
post of Solicitor General for Lower Canada on 8 December 1847. He held 
this office until 10 March 1848 when he was defeated in the general 
elections.^ 

He was re-elected to the Assembly in 1851 as the member for Saint-Maurice, 
in 1854 for Maskinong^, and in 1861 for Trois-Rivi^res.^ In addition to 
pursuing a career in the House, Turcotte was also involved in other ventures. 
He had been made a Queen's Counsel in 1847 and continued to expand his 
legal practice in Quebec* Furthermore, he served as the Mayor of 
Trois-Rivi^res from 1857 to 1863; during this period he was the driving and 
financial force behind many of the public works projects carried out in the 
area.^ 

When the seventh parliament convened in 1862, Turcotte was elected its 
Speaker by a vote of 66 to 53. ^'^ His term in the Chair was brief, lasting 
only two sessions instead of the usual three or four. Nevertheless, the House 
addressed many issues during his tenure, in particular those related to the 
development of transportation systems. The Journals for this period show 
that the Assembly received and reviewed several petitions from the growing 
number of railway companies operating in the province. Some petitions, like 
those submitted by the Brockville and Ottawa Railroad Company, the 
Cobourg and Peterborough Railroad and the Montreal and Champlain 
Railroad Company, requested permission to issue preferred stock in order to 
raise capital for expansion.^* The majority of the remaining petitions were 
requests from groups such as the Massawippi Railroad Company for 
permission to incorporate.'^ In addition to these questions, the Assembly 
dealt with the problems of the amalgamation of the Grand Trunk and Great 
Western Railroads. Legislation to provide for this process was introduced 
and, after a lengthy and sometimes emotional debate, was passed.'' 

Economic issues also received the attention of the Assembly during 
Turcotte's term as Speaker, in particular the establishment of landed credit 



128 



Joseph-Edouard Turcotte 



institutions. In fact, the debate on this question spanned both sessions of 
parliament due, in part, to the great number of petitions submitted both for 
and against the matter.^"* Ultimately, the question was referred to a select 
committee for further study. No legislation to establish such institutions was 
proposed at this time.^^ Moreover, a bill that would have provided for the 
abolition of the real property qualification for Members of the Assembly was 
introduced and quickly dismissed. ^^ 

Joseph-Edouard Turcotte was not re-elected to the Assembly in 1864. He 
died on 20 December 1864 at Trois-Rivi^res at the age of 56. 



Notes 



'"Joseph-Edouard Turcotte," Dictionary of Canadian Biography, vol. 9 
(Toronto: University of Toronto Press, 1976), p. 795. 

%id. 

^Paul G. Cornell, The Alignment of Political Groups in Canada, 1841-1867 
(Toronto: University of Toronto Press, 1962), pp. 5, 7; Joseph Desjardins, 
Guide parlementaire historique de la province de Quebec, 1792 d. 1902 
(Quebec: Hunter, Rose & Co., 1902), p. 165; and Robert Rumilly, 
Papineau et son temps, vol. 2 (Montreal: Editions Fides, 1977), p. 322. 

"^Jacques Monet, The Last Canon Shot: A Study of French-Canadian 
Nationalism, 1837-1850 (Toronto: University of Toronto Press, 1969), p. 
73. 

^Dictionary of Canadian Biography, vol. 9, p. 796. 

''J. O. C6t6, Political Appointments and Elections in the Province of Canada 
from 1841 to 1865 (Quebec: St. Michel & Darveau, 1860), p. 5; Desjardins, 
Guide parlementaire, p. 33; and Cornell, The Alignment of Political Groups, 
p. 21. 

^Desjardins, Guide parlementaire,^^. 170, 174, 182. 



129 



Joseph-tdouard Turcotte 



*C6t6, Political Appointments, p. 125; "Joseph-Edouard Turcotte," The 
Macmillan Dictionary of Canadian Biography (Toronto: Macmillan, 1963), 
p. 759. 

^Dictionary of Canadian Biography, vol. 9, p. 796. 

^"Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 20, 1st Session, 7th Parliament (Quebec: Hunter, Rose & 
Lemieux, 1862), p. 2; Rumilly, Papineau et son temps, p. 550; and Cornell, 
The Alignment of Political Groups, p. 49. 

"Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 20, 1st Session, 7th Parliament, pp. 23, 66, 86, 129, 132, 
156, 167, 213, 215, 224, 242, 256, 272, 285, 323, 332, 338, 339, 357, 365. 

^'Ibid., pp. 107, 120, 129, 131, 199, 284, 293, 297, 334, 365. 

^'Ibid., pp. 100, 150, 157, 181, 195, 199, 236, 243, 258, 273, 284, 
324-327, 341, 342, 356, 365. 

'%id., pp. 21, 86, 100, 157, 181, 194, 211, 217, 248, 330, 362. 

'^Ibid., pp. 141, 163, 169, 177; and idem. Journals of the legislative 
Assembly, vol. 21, 2nd Session, 7th Parliament (Quebec: Hunter, Rose & 
Co., 1863), pp. 64, 73, 144, 151, 187, 291. 

^^Idem, Journals of the Legislative Assembly, vol. 20, 1st Session, 7th 
Parliament, pp. 88, 93. 



130 



Lewis Wallbridge 




Lewis Wallbridge 
1863-1866 

Portrait by William Sawyer 



Lewis Wallbridge 



LEWIS WALLBRTOGE 

The man who would become the last pre-Confederation Speaker of the 
Legislative Assembly was born on 27 November 1816 at Belleville, Upper 
Canada. Lewis Wallbridge's grandfather had emigrated first to the Thirteen 
Colonies but had later relocated to the Bay of Quinte area in Upper Canada 
shortly after the American Revolutionary War.^ His father ran a prosperous 
lumber business in Belleville. He first attended Dr. Benjamin Workman's 
school in Montreal and, from 1831 until 1833, was a student at Upper 
Canada College, Toronto.^ After leaving the College, Wallbridge undertook 
the study of law. He articled both in Belleville and in Toronto at the offices 
of Robert Baldwin. He was called to the Bar in 1839 and established his 
own legal practice in Belleville that year.^ In 1855 he became an ex-officio 
Bencher of the Law Society of Upper Canada; one year later he was made 
Queen's Counsel.'^ 

Wallbridge was first elected to the Legislative Assembly in* 1857 as the 
member for Hastings South. He had attempted to win this seat in the general 
election of 1854 but was unsuccessful. As a Reformer, he supported various 
contemporarily relevant platforms including the concepts of representation by 
population, public support for education and the discontinuation of 
government funding to the Grand Trunk Railway.^ While he often 
introduced motions and bills in support of these ideas, he did not serve on 
the Assembly's committee on Railways, Canals and Telegraph lines but was 
a member of the committee which dealt with Private Bills.^ The member for 
Hastings South was not enamoured of his long-winded colleagues and stood 
for re-election in the 1861 general election only to keep his seat from the 
Conservatives who did not support representation by population.^ 

He was returned to the Assembly in 1861 and, as before, continued to 
champion Reform causes. On 16 May 1863 he joined the restructured John 
Sandfield Macdonald ~ A. A. Dorion administration as Solicitor General for 
Canada West.* It has been suggested that he was admitted to the Cabinet for 
reasons of political expediency rather than his legal talents as 

he was quite orthodox in his liberalism and 
represented a section of eastern Upper 
Canada which had previously been 
unrepresented in the Cabinet.' 



131 



Lewis Wallbridge 



In any case, on the same day Wallbridge was named to the Executive 
Council. He held both of these appointments until his election to the 
Speakership in the following parliament. *° 

When the House convened in 1863, Wallbridge was put forth as the 
government's candidate for the office of Speaker. Despite the fact that a 
majority of Lower Canadian members opposed his nomination, he was 
elected by a vote of 66 to 58.^* While this result may indicate that an eight- 
man Reform majority existed in the House at this time, it must be noted that 
several Reformers had opposed his candidacy and had voted against him. 
This discontent may have sprung from the fact that, when nominated, 
Wallbridge still held the post of Solicitor General and therefore could not be 
considered impartial.*^ Nevertheless, upon his election to the Chair, he 
resigned his Cabinet post but not those offices of a non-parliamentary nature. 
For instance, in 1862 he had been named as a Director of the Bank of Upper 
Canada and Wallbridge continued to serve in this capacity throughout his 
term in office. ^^ 

The sessions over which Speaker Wallbridge presided were some of the most 
important in Canadian history; it was during this period that the future 
political stability of not only the two provinces but also the country as a 
whole was debated. At the beginning of the third session, a motion was put 
forward which requested that the Assembly write an address regarding the 
proposed Confederation of the provinces for submission to the Imperial 
government.^'* From this one routine parliamentary procedure came the test 
of Wallbridge's abilities as Speaker: the Confederation debates.^' The 
ensuing arguments for and against this address tested not only the limits of 
his patience but also of his knowledge of parliamentary procedure. 
Wallbridge was forced to rule no fewer than five times during the debates on 
points of privilege, of order and of procedure. ^^ After several days of 
sometimes heated discussion on the content and nature of the address, the 
motion was carried and the address dispatched to London. 

The Assembly did not neglect to make provisions for the post-Confederation 
governments of both Upper and Lower Canada. During the final session of 
the parliament, members passed 15 resolutions were passed which contained 
a detailed administrative structure for each province. ^^ The resolutions 
provided for the government of each province through the office of a 
lieutenant-governor in co-operation with a Legislative Council and Legislative 
Assembly. The number of members for each legislative body and the 
qualifications for entry were also contained in the resolutions. Most 



132 



Lewis Waltbridge 



important, however, were the final two resolutions which established that the 
legislative assemblies "shall continue for four years from the day of the 
return of the Writs for choosing the same" and that "there shall be a Session 
of the Legislature . . . once at least every year so that a period of twelve 
months shall not intervene between the last sitting of the Local Legislature 
. . . and the first sitting thereof in the next Session."** 

Of course, these matters did not monopolize the Assembly's attention during 
this final parliament. A petition seeking an act of incorporation for the 
Humane Society of British North America was brought before the House 
and, after much discussion, was passed.'' In addition, legislation abolishing 
the death penalty in certain cases was passed.^ 

Wallbridge did not seek re-election in 1867, allegedly due to a desire to 
avoid a political confrontation with his anti-confederate. Grit brother.^* He 
returned to Belleville and continued to expand his already-considerable legal 
practice. In 1882, Wallbridge was named Chief Justice of Manitoba by John 
A. Macdonald. Although he had practised law for over 40 years in Upper 
Canada, this was his first judicial appointment.^ It was in this capacity that 
in 1886 he headed the civil commission which investigated the charges of 
corruption that had been brought against Premier John Norquay.^ 

Lewis Wallbridge died while still Chief Justice on 20 October 1887 at 
Winnipeg, Manitoba. 



Notes 

'"Lewis Wallbridge," A Cyclopedia of Canadian Biography, ed. G. L. Rose 
(Toronto: Rose Publishing Co., 1888), p. 374; and "Lewis Wallbridge," 
Dictionary of Canadian Biography, vol. 9 (Toronto: University of Toronto 
Press, 1976), p. 908. 



^Ib 



id.; and The Roll of Pupils of Upper Canada College, Toronto: January 
1830 to June 1916, ed. A. H. Young (Kingston, Ont.: Hanson, Crozier and 
Edgar, 1917), p. 609. 

^Lewis Wallbridge to Marlene Howard, letter, 26 February 1839, Wallbridge 
Family Papers, Archives of Ontario; Barristers' Roll, Law Society of Upper 
Canada Archives; "Chief Justice Wallbridge," Manitoba Bar News 10 



133 



Lewis Wallbridge 

(October 1837): 481, Faculty of Law Archives, University of Manitoba 
(FLA); and Rose, Cyclopedia of Canadian Biography ^ p. 374. 

'*Lewis Wallbridge to Marlene Howard, letter, 30 August 1856, Wallbridge 
Family Papers, Archives of Ontario; J. O. C6t6, Political Appointments and 
Elections in the Province of Canada from 1841 to 1865 (Qu^ec: St. Michel 
& Darveau, 1860), p. 126; "Chief Justice Wallbridge," The Winnipeg Sun, 
24 December 1883, FLA; "The Dead Chief," The Winnipeg Free Press, 20 
October 1887, FLA; and Rose, Cyclopedia of Canadian Biography, p. 374. 

^Dictionary of Canadian Biography, vol. 9, p. 908. 

^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 16, 1st Session, 6th Parliament (Toronto: Rollo Campbell, 
1858), pp. 148-149. 

''Dictionary of Canadian Biography, vol. 9, p. 908. 

*C6t6, Political Appointments, p. 6; "Lewis Wallbridge," The Macmillan 
Dictionary of Canadian Biography (Toronto: Macmillan, 1963), p. 782; and 
J. M. S. Careless, Brown of the Globe, vol. 2: Statesmen of Confederation, 
1860-1880 (Toronto: Macmillan, 1963), p. 95. 

^aul G. Cornell, The Alignment of Political Groups in Canada, 1841-1867 
(Toronto: University of Toronto Press, 1962), pp. 53-54. 

^°C6t6, Political Appointments, pp. 21, 54; and Rose, Cyclopedia of 
Canadian Biography, p. 374. 

"Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 22, 1st Session, 8th Parliament (Quebec: Hunter, Rose & 
Co., 1863), p. 20. 

^^Cornell, The Alignment of Political Groups, p. 54; and Careless, Brown of 
the Globe, vol. 2, p. 99. 

^^Peter Baskerville, ed.. The Bank of Upper Canada: A Collection of 
Documents (Toronto: The Champlain Society, 1987), pp. 296-297. 



134 



Lewis Wallbridge 



''*Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol. 24, 3rd Session, 8th Parliament (Quebec: Hunter, Rose & 
Co., 1865), p. 74. 

^^Ibid., pp. 81, 83, 88, 93, 123, 133, 139, 143, 147, 152, 157, 160, 164, 
168, 173, 177, 180, 184, 186, 191. See also: Parliamentary Debates on the 
Subject of the Confederation of the British North American Provinces, 3rd 
Session, 8th Parliament (Quebec: Hunter, Rose & Co., 1865). 

^^Parliamentary Debates, 3rd Session, 8th Parliament, pp. 14, 16, 19-20, 
768-769, 893. 

^^Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly, vol 26, 5th Session, 8th Parliament (Quebec: Hunter, Rose & 
Co., 1866), pp. 141-142. 

"Ibid., p. 142. See also: Ibid., pp. 233, 234, 256, 257, 270, ?74-280, 358, 
362. 

'^dem. Journals of the Legislative Assembly, vol. 23, 2nd Session, 8th 
Parliament (Quebec: Hunter, Rose & Co., 1864), pp. Ill, 119, 230, 280, 
295, 300, 334, 503. 

Unfortunately, the term "certain cases" is not fully defined in the text of the 
Journals. See: idem. Journals of the Legislative Assembly, vol 25, 4th 
Session, 8th Parliament (Quebec: Hunter, Rose & Co., 1865), pp. 37, 85, 
112, 149, 152,228,274. 



^^Dictionary of Canadian Biography, vol. 9, p. 909. 



^^P. B. Waite, Macdonald: His Life and World (Toronto: McClelland and 
■Stewart, 1975), pp. 188-189; C. M. Smith and J. McLeod, eds.. Sir John 
H^..' An Anecdotal Life of John A. Macdonald (Toronto: Oxford University 
^>ress, 1989), pp. 163-164; and Dictionary of Canadian Biography, vol. 9, 
p. 909. 

1886 Commission to investigate charges against John Norquay, Government 
.Records Section, Provincial Archives of Manitoba; and Dictionary of 
{Canadian Biography, vol. 9, p. 909. 



135 



John Stevenson 




John Stevenson 
1867-1871 

Portrait by E.A. Grossman 



i 



John Stevenson 



JOHN STEVENSON 

On 1 July 1867, the Constitution Act, 1867 (formerly The British North 
America Act, 1867f came into force creating a confederation of provinces 
which, as a country, took the name of Canada. The new Dominion included 
the Province of Ontario, formerly the Province of Upper Canada, and after 
1841, the Province of Canada West. The Constitution Act provided for the 
continuance of the legislative process through the provision not only of a 
bicameral federal parliamentary system but also of a unicameral Assembly 
for each province. The latter was to be of a type similar to that which had 
been used by the United Province of Canada before Confederation.^ Thus, 
while the Act created a system of government, it did not disturb nor deviate 
from traditions that had developed in the provinces before 1867. These 
traditions included the provision of a Speaker for both the federal and 
^krovincial legislatures.^ 



e first Speaker of the Legislative Assembly of the Province of Ontario was 

American by birth. John Stevenson was born in Huntingdon County, 

ew Jersey, on 12 August 1812. When he was still very young, his family 

emigrated to Leeds County, Upper Canada. The future Speaker received his 

I education at Brockville's public school and, by 1830, was himself teaching 
School in nearby Maitland District. Stevenson's teaching career lasted only 
one year. In 1831, at the age of 19, he was hired by Henry Lasher, a 
taerchant in Bath, Upper Canada. Stevenson worked for Lasher as a general 
fclerk for five years. On Lasher's death in 1836, he had enough knowledge 
bf trade and commerce to form a partnership with his deceased employer's 
son, John.'* 

This commercial venture was to be the first of many for Stevenson. 
Although Stevenson's partnership with the younger Lasher was dissolved in 
1849, he quickly formed a similar business relationship with John D. Ham 
who had acted as manager for Stevenson and Lasher's Newburgh branch 
store. ^ Stevenson and Ham based its operations in Newburgh and 
specialized in buying and selling timber, particularly that from Napanee and 
the county of Lennox and Addington. Although actively involved in the 
daily affairs of the business, Stevenson chose to reside in Napanee. Some 
time after the dissolution of his partnership with Ham, Stevenson expanded 
his timber interests and formed yet another commercial liaison with George 
Lott. The company of Stevenson and Lott concentrated its interests in the 
milling and marketing of local timber and prospered for all its 20 years. 
Stevenson's other business endeavour reflected his interest in the lumber 



136 



John Stevenson 



industry. He embarked on the creation of a fleet of shipping vessels ~ 
including a river schooner called the John Stevenson — in order to transport 
his product more easily. Indeed, by the time of his election to the 
Legislative Assembly of Province of Ontario in 1867, Stevenson's business 
interests were widely diversified and included a flour mill, a piano 
manufacturing company, and several flnancial and real estate ventures.^ 

Stevenson's involvement in his community was not restricted to economic 
pursuits. By 1851, he had been appointed a Justice of the Peace for the 
village of Napanee. In this capacity he presided over several cases, the 
majority of which dealt with assault and battery and by-law violations.^ 
Like many other individuals who have served in the Legislative Assembly, 
Stevenson's initial political involvement occurred at the local rather than 
provincial level. His most significant contribution came during his term as 
Reeve of Napanee when he spearheaded the campaign to separate the county 
of Lennox and Addington from its political union with the county of 
Frontenac. Even though it took almost a decade to settle the contentious 
issue of where Lennox and Addington's capital should be located, Stevenson 
and his supporters were, in 1863, victorious in securing not only this 
political and administrative divorce but also in affirming the political primacy 
of the village of Napanee. Perhaps in recognition of his role in these events 
he was elected the first warden of Lennox and Addington in 1863. He held 
this office for three consecutive terms.* 

In 1867, Stevenson was elected to the inaugural provincial Assembly as the 
member for Lennox.' The election had resulted in a coalition government 
which was commonly referred to as the Patent Combination. Consisting of 
an unlikely affiliation of Reformers and Conservatives, the Patent 
Combination had emerged from the elections with a 25-seat majority in the 
House. When the session opened on 27 December 1867, former Speaker and 
the then current Premier, John Sandfield Macdonald, nominated Stevenson 
for the Chair. Despite the presence in the House of former Speaker Henry 
Smith, Jr. and veteran parliamentarians such as Richard William Scott, the 
82 members unanimously elected him.'° Stevenson was the only individual 
in the history of the Legislative Assembly to serve as Speaker during his first 
and only term in the Assembly. 

During the course of Stevenson's term in the Chair as Speaker, the House 
turned its attention to many subjects, including the establishment of the new 
province's political and administrative system. During the parliament's first 
two sessions, legislation was introduced which outlined a system of 



137 



John Stevenson 



registration for births in the province." Other bills created several 
bureaucratic offices including that of Provincial Auditor "in order to exercise 
... an efficient control over the administration of the [Public] Finances. "^^ 
In fact, the financial status of the province weighed heavily on the minds of 
this first legislature. On 23 November 1869, Edward Blake, leader of the 
Opposition, moved the adoption of several resolutions which voiced the 
displeasure of the House over the federal government's plan to increase its 
subsidy to the province of Nova Scotia at the expense of Ontario. Not 
surprisingly, the resolutions contained the Assembly's rejections of this re- 
allocation and submitted 

that by the assumption by the Parliament of 
Canada of the power by the Nova Scotia Act 
claimed, the former evils [or regional 
prejudice and mistrust], so far from being 
removed by Confederation, will be 
intensified, the just expectations of the . 
people will be disappointed, sectional strife 
will be aroused, the Federal principle will be 
violated, and the Constitution will be shaken 
to its base.'^ 

The Assembly intensely debated the resolutions and, ultimately, they were 
adopted by the House by an overwhelming vote of 64 to \2}^ 

Perhaps the most intriguing incident of Stevenson's Speakership concerned 
the rights of the Assembly itself. Within a week of the opening of 
parliament, former Speaker Henry Smith, Jr. introduced An Act for the 
Independence of the Legislative Assembly to define "the Privileges, 
Immunities and Powers of the Legislative Assembly, and to give summary 
protection to persons employed in the publication of Sessional Papers." 
Although the bill in question received only second reading during the 
Assembly's first session, it was thoroughly debated in the following session 
and, despite a small but vocal opposition, was passed in the House by a 
substantial majority.*' The reaction of the executive branch of government, 
however, was less enthusiastic. On 20 December, the Assembly received a 
dispatch from the Governor General disallowing the Act. The 
Governor-General had made his decision largely on the recommendation of 



138 



John Stevenson 

the federal Minister of Justice who, in his report on the question, gave his 
opinion 

that it was not competent for the Legislature 
of the Province of Ontario to pass such Act, 
and therefore ... the said Act should not 
receive the confirmation of the Governor 
General. ''^ 

Only during the fourth and final session of this parliament did the members 
once more address this issue. A bill similar to that which had been 
disallowed was introduced in the House but was again withdrawn, this time, 
at its second reading. ^^ 

Despite a successful term as Speaker, Stevenson was not re-elected to the 
Assembly in 1 87 1 . The following year he ran as a candidate in the federal 
election but fared no better. Stevenson did not seek political office again and 
instead retired to Napanee to pursue his business interests there. John 
Stevenson died on 1 April 1884 at Napanee, Ontario.^* 



Notes 



^Prior to 1982, the Constitution Act, 1867 was referred to as the British 
North America Act, 1867. 

^See: Constitution Act, 1867 (The British North America Act, 1867), R. 
S. C, 30 & 31 Victoria, c. 3 (U.K.), ss. 17, 58, 63, 68, 69, 71, 88, 91, ; 
92. 

%id., ss. 44-47, 87. 

'^Walter S. Herrington, History of the County of Lennox and Addington 
(Toronto: Macmillan, 1913), p. 40; idem, "Some Notes on the First 
Legislative Assembly of Ontario and its Speaker, Hon. John Stevenson," 
Transactions of the Royal Society of Canada, Series 3, vol. 9 (1915): 226- 
227. 

^Herrington, "Some Notes," pp. 227-228. 



139 



John Stevenson 



%id., "Some Notes," pp. 229-230; Herrington, History of the County of 
Lennox and Addington, pp. 215, 258; and Kathleen Finlay, Speakers of the 
Legislative Assembly of Ontario, 1867-1984 (Toronto: Legislative Library, 
Research and Information Services, 1985), p. 10. 

^See: "Magistrate's summons for witness," 31 March 1851; "Schedule of 
Summary Convictions, Returned to the Court of General Quarter Sessions of 
the Peace, by Her Majesty's Justices in and for the United Counties of 
Frontenac, and Lennox and Addington from December 11, 1860, to March 
12, 1860," 15 March 1860, John Stevenson Papers, Archives of Ontario. 
See also: Herrington, "Some Notes," pp. 230-232; and idem. History of the 
County of Lennox and Addington, p. 410. 

^"Chronicles of Napanee," Lennox and Addington Historical Society Papers 
and Records, vol. 1 (1909): 11, 23; and Herrington, History of the County 
of Lennox and Addington, pp. 68-71, 409. 

Province of Ontario, Elections Ontario, Electoral History of Ontario: 
Candidates and Results with Statistics from the Records, comp. Office of the 
Chief Elections Officer (Toronto: Office of the Chief Elections Officer, 
1985), p. 480; and Legislators and Legislatures of Ontario, comp. Debra 
Forman, vol. 2: 1867-1929 (Toronto: Legislative Library, Research and 
Information Services, 1984), p. 3. 

^"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 1, 1st Session, 1st Parliament 
(Toronto: Legislative Assembly, 1868), p. 1; Charles Clarke, Sixty Years 
in Upper Canada (Toronto: William Briggs, 1908), p. 143; J. D. 
Livermore, "The Ontario Election of 1871: A Case Study in the Transfer 
of Political Power," Ontario History 71 (March 1979): 39; Forman, 
Legislators and Legislatures of Ontario, 1792-1984, pp. 1-3; and Finlay, 
Speakers of the Legislative Assembly of Ontario, 1867-1984, p. 12. 

'"See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, 1st Parliament, 2nd Session (Toronto: 
Legislative Assembly, 1869), pp. 7, 10, 21, 65, 74, 106, 108, 128; and 
idem, Journals of the Legislative Assembly of the Province of Ontario, 1st 
Parliament, 3rd Session (Toronto: Legislative Assembly, 1869), pp. 75, 
102, 122, 167, 171. 



140 



John Stevenson 

'^dem, Journals of the Legislative Assembly of the Province of Ontario, 1st 
Parliament, 3rd Session, pp. 13, 48, 87. 

''Ibid., p. 34. 

'*For a more detailed account of these events, see: ibid., pp. 33-36, 54-56. 

'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 1st 
Parliament, 1st Session, pp. 8, 36; and idem. Journals of the Legislative 
Assembly of the Province of Ontario, 1st Parliament, 2nd Session, pp. 7, 14, 
15, 27, 28, 78. 

'*^Idem, Journals of the Legislative Assembly of the Province of Ontario, 3rd 
Session, 1st Parliament, pp. 125-126. 

'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 1st 
Parliament, 4th Session (Toronto: Legislative Assembly, 1871), pp.46, 109. 

'^Herrington, "Some Notes," pp. 239-243; "Chronicles of Napanee," p. 23; 
and Finlay, Speakers of the Legislative Assembly, p. 13. 



141 



Richard William Scott 




Richard William Scott 
1871 

Portrait by George T. Berthon 



Richard William Scott 



RICHARD WILLIAM SCOTT 



Of the 34 men who have held the Office of Speaker of the Legislative 
Assembly of Ontario since Confederation, Richard William Scott ranks as 
one of the most interesting. Indeed, Scott's election to the position and his 
resignation from it a mere 14 days later provide insight into the nature and 
importance of the Speakership during this early period in the province's 
legislative history. 

The man who would become the second Speaker of the Ontario Legislative 
Assembly was bom on 24 February 1825 in Prescott, Ontario. He received 
his early education from an unknown private tutor in Prescott.' Rather than 
follow in his father's footsteps and pursue a career in medicine, Scott studied 
law. He studied in Prescott under the supervision of Marcus Burritt, a 
prominent local lawyer and a Bencher of the Law Society of Upper Canada. 
Scott articled at the Toronto firm of Crooks and Smith before his call to the 
Bar on 12 June 1848.^ He quickly followed his entry into the legal 
profession with a foray into municipal politics. In 1851, he was elected to 
the Bytown Council as an alderman; the following year he became Bytown's 
sixth Mayor, serving one term as Mayor of Bytown, from 1852 to 1853.^ 

The four years between Scott's entry into provincial politics and his 
departure from municipal politics shaped his political career. It is highly 
probable that Scott forged relationships with the railroad and lumber interests 
of the Bytown and Ottawa areas during this period. Certainly, in the course 
of his tenure in the Ontario Legislature, Scott was frequently accused of 
putting these interests before those of his constituents. Nevertheless, Scott's 
early association with these organizations were of a legal rather than overtly 
political nature: Scott was the solicitor for the Bytown and Prescott Railway 
Company. The Company was constructing a line to provide links between 
Bytown, Prescott and the main railway line between Montreal and Toronto. 
Unfortunately, the venture was plagued by financial difficulties. At one 
point, Scott was forced to buy personally one of the company's locomotives 
which had been impounded and sold at a sheriffs auction. The future 
Speaker then leased the locomotive back to the beleaguered railway.* 

Shortly after leaving municipal politics, Scott ran as an independent candidate 
in the general election of 1857. He was elected and returned to the 
Legislative Assembly of the United Provinces as the member for Ottawa. He 
held this seat until 1863.^ During his tenure in the pre-Confederation 
Assembly, Scott championed several issues, the most noteworthy being 



142 



Richard William Scott 

Ottawa's candidacy for provincial capital and his support of separate school 
rights. 

The union of Upper and Lower Canada in 1840 had brought several political 
advantages but it had also created a significant political dilemma. The 
question of whether the Union's capital should be in Canada East or in 
Canada West had not been addressed in the Union Act of 1840, save for 
section 30 of the legislation which provided 

[that it shall be lawful] for the Governor of 
the Province of Canada for the Time being 
to fix such Place or Places within any Part 
of the Province of Canada ... as he may 
think fit [for the convening of the provincial 
Assembly], such Times and Places to be 
afterwards changed or varied as the 
Governor may judge advisable and most . 
consistent with general Convenience and the 
Public Welfare, given sufficient Notice 
thereof . . .^ 

This provision opened the door for the creation of a system of rotating 
capitals ~ the Assembly met in cities in both Canada East and Canada West. 
This arrangement was hailed as one which would foster unity and regional 
and cultural understanding among members. However, it mostly aggravated 
regional and cultural biases. Over the years, the Union Assembly devoted 
much debate to the establishment of a permanent capital for the Union.^ 

The debate over this issue reached its peak in the late 1850s. In 1857, the 
Legislature resolved to send an address to Queen Victoria requesting that Her 
Majesty choose the city which would serve as the permanent seat of 
government. The mayors of the five candidate cities - Toronto, Montreal, 
Kingston, Ottawa and Quebec City ~ were invited to prepare papers "setting 
forth the reasons which may in their opinion favour the claim of that place 
to be selected by the Queen."* As the member for Ottawa, and one who 
was adamantly opposed to what he called the "migratory system of holding 
Parliament alternatively in Quebec and Toronto,"' Scott was the logical 
choice to draft Ottawa's City Council address. '" Scott's involvement in this 
debate continued even after the Queen's selection of Ottawa as capital late in 
1857. In the ensuing fervent debate, Scott persuaded a majority of the 
Assembly's members to vote against a motion put forward by former Speaker 



I 



143 



Richard William Scott 



Louis-Victor Sicotte that would have rejected Queen Victoria's choice of 
Ottawa in favour of a more cosmopolitan centre.'^ 

Scott, a Roman Catholic, also came to prominence in the 1860s during the 
debates over separate schools. In 1862, he introduced a bill which "would 
virtually have established a fiiU dual educational system in Upper Canada" 
and allowed villages as well as towns and cities in this region to found 
separate schools and to receive municipal and provincial grants.'^ Although 
this bill merely clarified the administrative irregularities and errors contained 
in the Tach6 Act of 1855 and earlier related statutes, it received a great deal 
of opposition in the House and in the press. The bill was referred to a 
committee headed by Egerton Ryerson and underwent a great deal of 
modification, especially in those sections concerned with the rights of 
separate school boards to licence their own teachers.'^ The amended bill 
was still opposed in the House: while the members from largely Roman 
Catholic Canada East endorsed the legislation, the overwhelming Protestant 
majority of members from Canada West did not. Despite this division, 
however. An Act to Restore to Roman Catholics in Upper Canada Certain 
Rights in Respect to Separate Schools, more commonly referred to as the 
Scott Act, was passed by a vote of 74 to 30 on 13 March 1863.** 

Despite his involvement in both of these important issues, Scott was not 
returned to the House in the general election of 1863. However, he was 
more successful in the first Ontario provincial election of 1867 and was 
elected to the Assembly as the member for Ottawa. '^ Scott's political 
interests and affiliations in the Assembly were often questioned by his 
political contemporaries and by historians. In fact, it has been suggested that 
he "considered himself as the special representative of the Ottawa Valley 
lumber interests, and [that] his Party relationships were distinctly a secondary 
affair."**^ Scott's involvement in the business of the House during the 
province's first parliament does display a marked interest in the 
transportation and lumber industries. For example, he consistently served 
as a member of the Assembly's Select Committees on Railways and on 
Private Bills. *^ Moreover, Scott was the driving force behind legislation 
which dealt with the incorporation of the Ottawa City Passenger Railway 
Company** and the registration of brands used in marking timber.*' 

Scott was returned to the Assembly in 1871.^ With the opening of the 
second provincial parliament on 7 December 1871, he came to prominence 
once again, this time when he was elected Speaker of the Assembly.^* 
While chronicler Charles Clarke has cited Scott's political career and 



144 



I 



Richard William Scott 



parliamentary knowledge as reasons for his election to the Chair, ^ it has 
been proposed that Scott's nomination was the result of a more overtly 
political motive. Several historians have proposed that, due to the animosity 
that existed between Scott and Sandfield Macdonald over Macdonald's 
reluctance to grant land to the Canada Central Railway, Scott's nomination 
and subsequent election were merely ways of silencing Scott and of securing 
his support for the new Sandfield Macdonald administration.^ Despite an 
initial reluctance to accept the position and thus lessen his influence in the 
House, Scott consented to the nomination on the condition that Macdonald 
settle their disagreement regarding the endowment of crown lands to the 
Canada Central Railway.^ 

Scott's tenure as Speaker of the Legislative Assembly was brief and eventful. 
On 14 December 1871, Edward Blake moved an amendment to the Address 
in Reply that criticized the Sandfield Macdonald government's control over 
what was commonly referred to as the Railway Fund. In response to this 
motion, a government member unsuccessfully moved that Blake's amendment 
not be debated in the House until the great number of charges of voting 
irregularities had been resolved and all 14 vacant or contested seats had been 
filled. Finally, a motion suggesting limited government control of the 
Railway Fund was put forth and defeated. Blake's original motion was 
consequently carried by a majority of 7 votes. On 15 December, the 
Sandfield Macdonald government faced another test of its power. Sandfield 
Macdonald's motion to amend a want of confidence motion that had been put 
to the House the day before was ruled out of order by Speaker Scott. The 
original motion was then put to the Assembly and was narrowly defeated by 
a vote of 37 to 36.^ Within a week, however, the Sandfield Macdonald 
government had resigned and opposition leader Edward Blake was given the 
task of forming the new government. 

On 21 December 1871, Scott resigned the Chair to accept an appointment to 
Premier Blake's cabinet as Commissioner of Crown Lands. While detractors 
such as John A. Macdonald intimated that Scott had, in accepting this 
appointment, betrayed Sandfield Macdonald and his defunct 
administration,^ Blake had made the reasons for assuming the portfolio 
clear to Scott in a letter of 24 December 1871. In it, Blake stressed the 



145 



Richard William Scott 



political differences between Scott and Sandfield Macdonald and suggested 
that the former was 

free, nay bound, to say that issues have been 
developed on which your opinions are in 
accordance with men and opposed to those 
of Sandfield Macdonald and his government; 
and thus being so you have taken sides 
against that government and [sided] with 



Nevertheless, it has been proposed that Scott's reasons for accepting the 
cabinet position were more straightforward: the Crown Lands portfolio was 
"the most coveted by the Ottawa Valley Timber interests," the same business 
interests with which Scott was closely connected. His acceptance of the 
portfolio is an example of how business interests managed to find 
representation in the provincial cabinet.^ Perhaps more important, 
however, is that Scott's resignation from the Chair illustrated how some 
nineteenth century legislators may have viewed the role of the Speakership 
in provincial politics. Although held in some esteem, the Speakership could 
be used as a political tool with which to silence particularly influential 
government or opposition members. 

In spite of his resignation, Scott was returned to the House in 1872 by 
acclamation and was once again given the position of Commissioner of 
Crown Lands. ^ Like many other politicians of his period, Scott eventually 
made the transition from provincial to federal politics. In March of 1874, 
he was appointed to the Senate where he served as the government party 
leader and was directly involved in the debate on many issues, including that 
concerning the Canada Temperance Act.^ Scott's political stature was 
further enhanced when he was appointed to the offices of Secretary of State 
and Registrar General of Canada in 1874. He held these two positions until 
1878 when the Liberals lost the federal election. ^^ 

Scott's long and distinguished political career survived this small setback 
and, on 13 July 1896, he was offered the position of Secretary of State by 
Prime Minister Wilfrid Laurier.^^ Although Laurier had made it quite clear 
that his appointment to cabinet could be revoked at any time, Scott held the 
office until 1908. In this same year he was knighted in recognition of his 
service to his country. Sir Richard William Scott died 23 April 1913 in 
Ottawa. 



146 



Richard William Scott 



Notes 



^Nick and Helma Mika, Bytown: The Early Days of Ottawa (Belleville, 
Ont.: Mika Publishing, 1982), p. 214; and Kathleen Finlay, Speakers of the 
Legislative Assembly of Ontario, 1867-1984 (Toronto: Legislative Library, 
Research and Information Services, 1985), p. 14. 

^Barrister's Rolls, 1809-1885, Law Society of Upper Canada Archives; and 
Finlay, Speakers of the Legislative Assembly, p. 14. 

^Shirley E. Woods, Jr., Ottawa: The Capital of Canada (Toronto and New 
York: Doubleday, 1980), p. 124; and A. H. D. Ross, Ottawa: Past and 
Present (Toronto: Musson Book Company, 1927), p. 199; and Mika, 
Bytown: The Early Days of Ottawa, p. 214. 

^Woods, Ottawa: The Capital of Canada, pp. 118-119. 

^Ross, Ottawa: Past and Present, p. 116. 

^Jhe Union Act, 1840, s. 30. See also: Lord Sydenham to Lord John 
Russell, letter, 13 March 1840, \n Letters from Lord Sydenham, Governor- 
General of Canada, 1839-1841, to Lord John Russell, ed. Paul Knaplund 
(London: George Allen & Unwin Ltd., 1988), p. 53. 

^For a more detailed account of the debate on the capital issue, see: 
Province of Canada, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Canada, vol. 1, 1st Session, 1st Parliament 
(Kingston, Canada West: Robert Stanton, 1841), pp. 403, 417, 430, 467- 
468, 591, 625-628; idem, Journals of the Legislative Assembly of the 
Province of Canada, vol. 13, 1st Session, 5th Parliament (Quebec, Canada 
East: Rollo Campbell, 1854), pp. 294, 295, 733, 738, 740; (Toronto) 
British Colonist, 18 August 1841; Montreal Gazette, 13 August 1841; R. W. 
Scott, The Choice of the Capital: Reminiscences Revived on the Fiftieth 
Anniversary of the Selection of Ottawa as the Capital of Canada by Her Late 
Majesty (Ottawa: The Mortimer Company, 1907), passim; David B. Knight, 
A Capital for Canada: Conflict and Compromise in the Nineteenth Century 
(Chicago: Department of Geography, University of Chicago, 1977), pp. 55- 
60, 62-67; and Wilfred Eggleston, The Queen's Choice: A Story of 



147 



Richard William Scott 



Canada's Capital (Ottawa: The National Capital Commission, 1961), pp. 
98-110. 

^Circular, R. T. Pennefeather, Secretary to the Governor, 28 March 1867, 
as quoted in Scott, The Choice of the Capital, p. 28. 

Richard William Scott, "To the Electors of Bytown," 8 July 1854, Richard 
William Scott Papers, National Archives of Canada. 

^^or the text of this address, see: Scott, The Choice of the Capital, pp. 40- 
43. See also: Woods, 0//awa.- The Capital of Canada, pp. 121-123. 

^^Eggleston, The Queen's Choice, p. 110; and Scott, The Choice of the 
Capital, pp. 36-39. 

'^Bruce W. Hodgins, " John Sandfield Macdonald," in The Pre-Confederation 
Premiers: Ontario Government Leaders, 1841-1867, ed. J. M. S. Careless 
(Toronto: University of Toronto Press, 1987), p. 268; idem, John Sandfield ; 
Macdonald, 1812-1872, Canadian Biographical Studies Series (Toronto: 
University of Toronto Press, 1971), p. 53, 58, 63. 

'^Robert M. Stamp, The Historical Background to Separate Schools in 
Ontario (Toronto: Ministry of Colleges and Universities, 1985), pp. 5, 23; 
and Hodgins, "John Sandfield Macdonald," p. 274. 

^'^Stamp, Historical Background to Separate Schools in Ontario, p. 24; 
Hodgins, "John Sandfield Macdonald," pp. 275-276; and idem, John 
Sandfield Macdonald, p. 64. 

^^Province of Ontario, Elections Ontario, Electoral History of Ontario: 
Candidates and Results with Statistics fiom the Records, 1867-1982, comp. 
Office of the Chief Election Officer (Toronto: Office of the Chief Election 
Officer, 1985), p. 452. 

^^Middleton and Landon, The Province of Ontario, A History, Vol I: 1615- 
1927 (Toronto: Dominion Publishing Co., 1927), p. 397. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of Ontario, 1st Session, 1st Parliament (Toronto: Legislative 
Assembly, 1868), pp. 7, 12; idem. Journals of the Legislative Assembly of 
Ontario, 2nd Session, 1st Parliament (Toronto: Legislative Assembly, 



148 



Richard William Scott 



1869), p. 11; idem, Journals of the Legislative Assembly of Ontario ^ 3rd 
Session, 1st Parliament (Toronto: Legislative Assembly, 1869), p. 12. 

^'Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of Ontario, vol. 1, 1st Session, 1st Parliament (Toronto: 
Legislative Assembly, 1868), pp. 30, 47, 55, 76, 79, 81, 85. 

^Idem, Journals of the Province of Ontario, vol. 2, 2nd Session, 1st 
Parliament (Toronto: Legislative Assembly, 1869), p. 61. 

Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 
452. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, 1st Session, 2nd Parliament (Toronto: 
Hunter, Rose & Co., 1872), p. 2. 

^In regard to Scott's election, Clarke states: "A better choice could not have 
been made. While noted for his integrity, Mr. Scott was the possessor of 
parliamentary knowledge which was unexcelled by that of any man in either 
the Dominion or the Provincial House. " See: Charles Clarke, Sixty Years 
in Upper Canada (Toronto: William Briggs, 1908), p. 167. 

^S. R. J. Noel, Patrons, Clients, Brokers: Ontario Society and Politics, 
1791-1896 (Toronto: University of Toronto Press, 1990), pp. 227-228; J. 
D. Livermore, "The Ontario Election of 1871: A Case Study of the Transfer 
of Political Power," Ontario History, vol. 71 (March 1979): 48; Middleton 
and Landon, Province of Ontario, Vol I: 1615-1927, p. 397; and Hodgins, 
John Sandfield Macdonald, pp. 104, 115. 

^Middleton and Landon, Province of Ontario, p. 397. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of Ontario, vol. V, 1st Session, 2nd Parliament, pp. 3-30; Clarke, 
Sixty Years in Upper Canada, pp. 167-176; and Hodgins, John Sandfield 
Macdonald, pp. 115-117. 

^or John A. Macdonald's views on Scott's resignation, see: John A. 
Macdonald to Alexander Campbell, letters, 23 December 1871 and 29 
December 1871, Alexander Campbell Papers, Archives of Ontario. 



149 



Richard William Scott 

^^Edward Blake to Richard William Scott, letter, 24 December 1871, Edward 
Blake Papers, Archives of Ontario. 

^Noel, Patrons, Clients, Brokers, pp. 227-229; Joseph Schull, Edward 
Blake: The Man of the Other Way, 1833-1881 (Toronto: Macmillan, 1975), 
pp. 82-83; and F. F. Schindeler, Responsible Government in Ontario 
(Toronto: University of Toronto Press, 1969; reprint, 1973), pp. 33-35. 

Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 
452. 

^or a more detailed account of Scott's involvement in this debate, see: 
Gerald A. Hallowell, Prohibition in Ontario, 1919-1923, Ontario Historical 
Society Research Publication No. 2 (Ottawa, Ont.: Love Printing Service 
Ltd., 1972), pp. 30-31, 93; Ruth Elizabeth Spence, Prohibition in Canada 
(Toronto: The Dominion Alliance, 1919), pp. 107, 122-132; and Peter B. 
Waite, Canada, 1874-1896: Arduous Destiny, Canadian Centenary Series 
(Toronto: McClelland and Stewart, 1971), pp. 88-90. 

^^Mika, Bytown: The Early Days of Ottawa, p. 214; and Ross, Ottawa: 
Past and Present, p. 199. 



^^ilfred Laurier to Richard William Scott, letter, 13 July 1896, Richard 
William Scott Papers, Public Archives of Canada. 



i 



150 



James George Carrie 




James George Currie 
1871-1873 

Portrait by Mildred Peel 



James George Currie 



JAMES GEORGE CURRIE 

James George Currie was born 24 November 1827 in Toronto. He received 
his early education at Niagara and later went on to study law.' Currie found 
it difficult to secure his legal qualifications. On 29 August 1853 he 
petitioned the Convocation of the Law Society of Upper Canada to admit him 
to the Bar as a Barrister at law. Citing his five-year student standing "on the 
books of the Law Society" and his admission as an attorney in Superior 
Courts of Common Law in 1852, Currie argued vehemently but 
unsuccessfully for his admittance. Although his petition was refused by the 
Law Society's governing body, Currie moved to St. Catharines to practice 
law with partner William Eccles.^ Currie was finally called to the Bar on 
21 November 1853.' 

Shortly after his call to the Bar, Currie began his extensive career in public 
life. His earliest political appointments were at the local level. In 1857, he 
served as Deputy Reeve of St. Catharines. "* Currie was elected Mayor of St. 
Catharines in 1860. He held this office until 1862 when he resigned to seek 
a seat as the member for Niagara in the Legislative Council of Canada.^ He 
was again elected to the town's highest political office in 1869 and served as 
Mayor until 1870. 

Currie's first attempt to enter the Legislative Assembly came in 1867 when 
he campaigned unsuccessfully as the Liberal Reform candidate for the riding 
of Niagara.^ His political fortunes changed in the next general election, and 
on 21 March 1871, Currie was elected to the House as the Member for 
Welland by a slim majority of 139 votes. ^ When the Legislature opened on 
7 December 1871 Currie took his seat in the House, little suspecting the 
important role he would later play in its daily business. On 21 December 
1871, Richard William Scott resigned the Speakership to take the portfolio 
of Commissioner of Crown Lands in Edward Blake's cabinet. On the same 
day, despite Opposition protests over his inexperience, Currie was chosen to 
preside over the Chamber as its Speaker.* 

During Currie's term in the Chair, the House dealt with several important 
issues. For example, a bill was introduced early in the session which sought 
to render members of the House of Commons ineligible to seek election to 
the provincial legislature. Prior to this, the practice of dual representation 
had allowed members to hold seats concurrently in both the federal and 
provincial Houses. The act was hotly debated in the House but ultimately 
passed by its members.' Social issues such as the sale of liquor in Ontario 



151 



James George Carrie 



and the provision of hospitals for chronic alcoholics also commanded the 
Assembly's attention during Currie's Speakership. ^° 

On 29 March 1873, Currie resigned the Office of Speaker of the Legislative 
Assembly. As no provision for such an action was outlined in the 
Constitution Act, 1867 and no previous Speaker had ever voluntarily resigned 
before the dissolution of a parliament, Currie chose to follow British 
parliamentary precedent and to express his intention in writing to the Clerk 
of the House and the Lieutenant-Governor rather than verbally to the 
members of the Assembly. ^^ In his letter of resignation to W. P. Howland, 
the Lieutenant-Governor, he cited the Speaker's numerous duties as cause for 
his departure. Currie stated rather tersely that 

Finding the duties of the office of Speaker 
exceedingly irksome and severe and 
believing that I can better serve my 
constituents and native Province upon the . 
floor of the Legislature I beg to resign . . . 
my Office of Speaker of the Legislative 
Assembly of Ontario. ^^ 

His intentions were announced to the House by the Clerk on the final day of 
the Assembly's third session. 

Even though he had resigned the Speakership because of its added 
responsibilities, Currie did not shy from taking further administrative posts 
in the 1870s. For example, on 17 November 1873, he was appointed the 
agent of the federal Justice Department at St. Catharines.'^ Currie was 
made a Queen's Counsel less than three years later.*'' In 1874, he served 
as Chairman of the Select Legislative Committee and was appointed "to 
Investigate the Charges of the Hon. Archibald McKellar against John Charles 
Rykert." In their report published 17 December 1874, the Committee found 
that, even though Rykert may have received monies to influence his support 
of legislation concerning the incorporation of certain railway companies, 
there was no evidence supporting McKellar's charges of manipulation and 
influence peddling. *' Finally, Currie was appointed a Bencher of the Law 
Society of Upper Canada in 1874. His appointment was reconfirmed by 
election in 1875.'** 

Currie's distinguished political career came to a rather unfortunate end in the 
late 1870s. In 1877 and 1878, it was revealed that Currie had 



152 



James George Currie 



misappropriated ftinds from several of his legal clients. As a result of these 
accusations, newspapers and members in the House attacked the former 
Speaker. An editorial of the 7 September 1877 Thorold Post declared 

Is it not humiliating to see a man who had 
held some of the highest political offices 
which his compeers could bestow on him 
. . . placed in the felon's dock, charged with 
a heinous crime [of embezzlement]. We 
have no desire to make political capital out 
of any man's misfortune, ... but we cannot 
help thinking that it is time the electors of 
the County of Welland were looking around 
for a better representative . . . ^^ 

Currie was stricken from the Court of Chancery's roll of solicitors but, 
because of an oversight, was not stricken from the Barrister's Rolls of the 
Law Society of Upper Canada. Although he later applied to the Society's 
Disciplinary Committee to be reinstated, it seems his request was not 
granted.^* 

James George Currie never returned to the political arena after the disclosure 
of his indiscretions; he was defeated in the 1879 provincial general election 
by his Conservative opponent Daniel Near. He died on 8 December 
1901.^' 



Notes 



^Canadian Parliamentary Companion, 1875 (Ottawa: H. J. Morgan, 1875), 
p. 397; Charles Clarke, Sixty Years in Upper Canada with Autobiographical 
Recollections (Toronto: William Briggs, 1908), p. 177; and Kathleen Finlay, 
Speakers of the Legislative Assembly of Ontario, 1867-1984 (Toronto: 
Legislative Library, Research and Information Services, 1985), p. 18. 

^Minutes of Convocation, Law Society of Upper Canada, Volume 3, p. 363, 
Law Society of Upper Canada Archives, Osgoode Hall. 

^Barrister's Rolls, 1809-1885, Law Society of Upper Canada Archives, 
Osgoode Hall. 



J 



153 



James George Currie 

*R. J. Powell, Lincoln County, 1856-1956 (St. Catharines, Ont.: Lincoln 
County Council, 1956), p. 156. 

^Canadian Parliamentary Companion, 1875, p. 398. 

^George Brown to James George Currie, letter, 2 July 1867; George Brown 
to James George Currie, telegram, 4 July 1867; James Flemming to James 
George Currie, letter, 18 July 1867, James George Currie Papers, Public 
Archives of Canada; and The History of the County ofWelland, Ontario: Its 
Past and Present (Welland, Ont.: Tribune Printing House, 1887), p. 157. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario: 
Candidates and Results with Statistics from the Records, comp. Office of the 
ChiefElection Officer (Toronto: Office ofthe Chief Election Officer, 1985), 
p. 112; and History ofthe County ofWelland, pp. 142, 157. 

Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly ofthe Province of Ontario, vol. 5, 1st Session, 2nd Parliament 
(Toronto: Hunter, Rose & Co., 1872), p. 36; and Clarke, Sixty Years in 
Upper Canada, pp. 177-178. 

^ith the passage of the legislation, an 'exodus' of prominent members of 
the Legislature (such as Edward Blake) began. See: ibid., pp. 54, 125, 126, 
189, 210, 216, 217, 218, 219, 250. 

^'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 6, 2nd Session, 2nd Parliament (Toronto: Hunter, Rose & Co., 1873), 
pp. 33, 41, 130, 162, 164, 182, 188, 196, 199, 219, 371. 

"See: "Election of New Speaker," Toronto Globe, 8 January 1874. 

^^James George Currie to Hon. W. P. Howland, letter, 29 March 1873, 
Rowland Papers, Archives of Ontario. 

'^Minister of Justice to James George Currie, letter, 17 November 1873, 
James George Currie Papers, Public Archives of Canada. 

^^Oliver Mowat to James George Currie, letters, 29 February 1876 and 
4 March 1876, James George Currie Papers, Public Archives of Canada. 



154 



James George Carrie 

*^See: Report of the Select Committee appointed to Investigate the Charges 
of Hon. Archibald McKellar against John Charles Rykert, James George 
Currie, Chairman, 17 December 1874, Archives of Ontario. 

'^Ontario Bar Biographical Project; and Minutes of Convocation, Volume 5, 
p. 570, Law Society of Upper Canada Archives, Osgoode Hall. 

*^"Let Justice Be Done," The Thorold Post, 7 September 1877. See also: 
"A Few Kind Words!" St. Catharines Evening Journal, 19 February 1876; 
and "J. G. Currie's Character," The Tribune, James George Currie Papers, 
Public Archives of Canada. 

^*The records of the period contain Currie's petition but do not contain the 
final judgement of the Disciplinary Committee. See: Minutes of 
Convocation, Law Society of Upper Canada, vol. 6, p. 207 and vol. 1(PM), 
p. 266, Law Society of Upper Canada Archives, Osgoode Hall. 

^'See: "J. G. Currie Dead," The Daily Standard, 9 December 1901. 



I 



155 



Rupert Mearse Wells 




Rupert Mearse Wells 
1874-1879 

Portrait by Mildred Peel 



Rupert Mearse Wells 



RUPERT MEARSE WELLS 

Rupert Mearse Wells was born on 25 November 1835 in Prescott County, 
Upper Canada. He received his early education in the local schools at 
Brockville and later attended the University of Toronto. Wells distinguished 
himself academically at the University and, at his graduation in 1854, was 
awarded the Jameson gold medal for history and a silver medal in ethics.^ 
Like many other young men of his day, Wells chose to study law and 
articled with the firm of Blake, Conner, Morrison and McDonald. Although 
illness kept him from attending lectures during the Michaelmas Term of 1855 
~ and ultimately forced him to forfeit the term^ ~ Wells persevered in his 
studies and, in 1857, was called to the Bar.^ 

Wells did not immediately pursue a career in law after his call to the Bar. 
In 1857, he founded The Economist, a newspaper which served the Ottawa 
and Montreal areas. Wells served as editor, publisher and proprietor of the 
small publication until I860.'* In 1862, he resumed the practice of law and 
joined with ftiture premier Edward Blake and eventual Liberal senator James 
Kirkpatrick Kerr to create the firm of Blake, Kerr and Wells. ^ This 
partnership was dissolved in 1870. In this year Wells and Toronto politician 
Angus Morrison formed the firm of Morrison, Wells and Gordon.^ 

While Wells* business partnerships can attest to his growing social and 
political influence, his administrative appointments during this period are 
proof of his ascent into the province's governing elite. In 1871 he was 
appointed County Attorney for York, a position he held for several months.^ 
In the same year Wells gained a degree of prominence within the legal 
community when he was made a sub-scrutineer for the Law Society of Upper 
Canada's first Bencher elections.* 

Wells' political sympathies had always tended in the same direction as those 
of his father. The younger Wells was more closely allied with the party's 
left-wing Reform group than with the "old-style" George Brown Grits. 
Edward Blake, Wells' friend and former legal associate, led this coalition of 
Liberal Reformers and, upon the resignation of John Sandfield Macdonald 
in 1871, became Premier of the Province of Ontario. Blake left provincial 
politics in 1872, calling upon his friend Wells to take his place as the Liberal 
candidate for the constituency of Bruce South in the resultant by-election. 
Although a non-resident. Wells won and on 8 January 1873 was sworn in as 
the member for Bruce South.' 



156 



Rupert Mearse Wells 



The Journals for the year 1873 show that Wells' participation in the daily 
business of the House was infrequent and lacklustre. Despite his poor 
showing that first year, Wells came to prominence late in the Assembly's 
third session when, on 29 March 1873 speaker James George Currie resigned 
the Chair, necessitating the election of a new Speaker. Premier Oliver 
Mowat nominated the member for Bruce South as Currie's successor, 
disregarding protests that Wells was neither experienced enough nor qualified 
for the office. On 7 January 1874, Rupert Mearse Wells became the third 
Speaker to preside of the province's second Legislature. ^° 

Wells was returned to the Assembly in the general election of 1875. On 24 
November 1875, Premier Mowat rose and, citing the British custom of re- 
electing the Speaker of the previous Assembly if he should be returned to the 
House, nominated Wells for the Chair. Defending Wells' nomination, 
Mowat stated that 

The act of choosing a Speaker is not one on 
which any question of policy depends; the 
legislation of the House is not affected by 
the question of who is its Speaker, and there 
is no matter of Government which is 
influenced by the gentleman who occupies 
the Chair." 

Conservative Opposition Leader Matthew Crooks Cameron was not of this 
opinion and vehemently objected to Wells' nomination. He questioned 
Wells' qualifications for the position, maintaining that 

[the] Hon. gentlemen opposite may find it 
very convenient to have a gentlemen who 
will not discharge the duties of Speaker with 
that fairness and deliberation which ought to 
mark the conduct of one who is raised by 
the voice of this House to the highest 
position it is possible to give him.*^ 

Alas, Cameron did not push the issue by calling for a vote on the 
nomination. With Cameron's complaint duly recorded in the minutes of the 
Assembly, Rupert Mearse Wells was declared "unanimously" elected to the 
Chair. He became the first Speaker to be re-elected for a second consecutive 
term since Confederation.*^ 



157 



Rupert Mearse Wells 



In the course of Wells' second Speakership, he came under fire from the 
editor of the Toronto Daily Mail for alleged extravagance in the spending of 
public money. The morning edition of 11 January 1876 contained an 
editorial accusing the Speaker of spending several hundred dollars on 
furniture and robes since his election to the Chair. The editorial called upon 
the electors of Bruce South "to send a man to the Assembly who is able to 
pay for his own shoes and stockings."** Wells was quick to respond and, 
in a letter to the editor of the MaiU suggested that the allegations were 
unfounded. The Clerk of the House, he wrote, had assured him that "the 
previous Speakers had been accustomed to order such things [as furniture] 
upon their own authority." Wells claimed that the expenditures were 
perfectly in keeping with the immediate needs of the Speaker's office and the 
House itself.*^ He concluded his defence with the suggestion that he failed 
to understand the editor's concerns as "the House has always sanctioned the 
same expenditure for my predecessors."*^ 

Wells was returned to the Assembly in 1879 but was not elected to the 
Speakership for a third time. In 1882, he resigned his seat in the provincial 
Assembly in order to run at the federal level. He was elected to the House 
of Commons in 1882 as the member for Bruce East, holding this seat until 
1887 when he was defeated in the federal general election.*^ Shortly 
thereafter. Wells withdrew from politics and returned to a full-time legal 
career as the head of the firm of Wells and McMurchy. He was made 
Queen's Counsel by Ontario in 1876 and was recognized in the same manner 
by the Dominion in 1889. He continued to practice law until his death in 
1902.** 



Notes 



U Cyclopedia of Canadian Biography^ ed. George Maclean Rose (Toronto: 
Rose Publishing Co., 1888), p. 639; Robert Brown, The House that Blakes 
Built (Toronto: Blake, Cassels, August 1980), p. 89; and Kathleen Finlay, 
Speakers of the Legislative Assembly of Ontario, 1867-1984 (Toronto: 
Legislative Library, Research and Information Services, 1985), p. 22. 

^Volume 3 of the Minutes of Convocation for the Law Society of Upper 
Canada contains a petition from Rupert Mearse Wells which requests that 
although he was too ill to attend Oliver Mowat's lectures on the first day of 
Michaelmas Term, 1855, he "may be placed in the same position as if he had 



158 



Rupert Mearse Wells 

attended the said lecttire in order that the keeping of said Term may be 
complete. " The Convocation, the governing body of the Law Society of 
Upper Canada, refused his request on the grounds that Wells did not register 
on the first day of the said term. 

See: Minutes of Convocation, Law Society of Upper Canada, Volume 3, 
p. 491, Law Society of Upper Canada Archives, Osgoode Hall. 

^Barrister*s Rolls, 1809-1885, Law Society of Upper Canada Archives, 
Osgoode Hall; and Brown, The House that Blokes Built, p. 89. 

'^See: R. M. Wells, Vankleek Hill: The Economist, MG 24 D 83, Public 
Archives of Canada. See also: Rose, Cyclopedia of Canadian Biography, 
p. 640. 

^In his biography of Wells, George M. Rose cites 1860 as the year in which 
this partnership was formed. See: Rose, Cyclopedia of Canadian Biography , 
p. 640. 

See also: Allan Graydon, Some Reminiscences ofBlakes (Toronto: Blake, 
Cassels, 1970), Appendix; and Brown, The House that Blakes Built, p. 89. 



C 



^Rose, Cyclopedia of Canadian Biography, p. 640. 
id.; and Brown, The House that Blakes Built, p. 89. 



*It does not appear that Wells had to act in this capacity during the Bencher 

elections. See: Minutes of Convocation, Law Society of Upper Canada, 

LVolume 5, p. 491, Law Society of Upper Canada Archives, Osgoode Hall. 

'Province of Ontario, Elections Ontario, Electoral History of Ontario 
(Toronto: Office of the Chief Election Officer, 1985), p. 524; Legislators 
and Legislatures of Ontario, vol. 2: 1867-1929, comp. Debra Forman 
(Toronto: Legislative Library, Research and Information Services, 1985), 
pp. 19, 21; Charles Clarke, Sixty Years in Upper Canada with 
Autobiographical Recollections (Toronto: William Briggs, 1908), p. 200; 
d Finlay, Speakers of the Legislative Assembly of Ontario, p. 22. 



I 



C. R. W. Biggar, Sir Oliver Mowat: A Biographical Sketch, vol. 1 
oronto: Warwick Brothers & Rutter Ltd., 1905), p. 237; Forman, 



159 



Rupert Mearse Wells 

Legislators and Legislatures of Ontario, vol. 2: 1867-1929, pp. 14, 19; and 
Finlay, Speakers of the Legislative Assembly of Ontario, p. 23. 

^^Toronto Globe, 24 November 1875. 

"Ibid.; Clarke, Sixty Years in Upper Canada, p. 200; and Finlay, Speakers 
of the Legislative Assembly, p. 24. 

^^Toronto Daily Mail, 11 January 1876. 

^^Toronto Daily Mail, 12 January 1876. 

'%id. 

^'^The Directory of Canadian Parliament, 1867-1967, ed. J. K. Johnson 
(Ottawa: Public Archives of Canada, 1968), p. 597. 

^^Brown, The House that Blakes Built, p. 90; and Finlay, Speakers of the 
Legislative Assembly, p. 24. 



160 



Charles Kirk Clarke 




Charles Kirk Clarke 

1880-1886 
Portrait by J. W.L. Forster 



Charles Kirk Clarke 



CHARLES KIRK CLARKE' 

Many of the men who have held the office of Speaker of the Legislative 
Assembly over the last 200 years have left the Chair to pursue other 
governmental posts. Some former Speakers, such as Allan Napier MacNab, 
August-Norbert Morin or John Sandfield Macdonald, went on to become 
Premiers. Others, such as Richard William Scott, left the Chair to accept 
more influential cabinet positions. In the history of the Legislative 
Assembly, however, only one individual has served both as Speaker and as 
Clerk of the House. 

Charles Kirk Clarke was born 28 November 1826 in Lincoln, England. He 
was educated at the local Lincoln school by the prominent English radical 
Rev. Thomas Cooper and at Waddington, Lincolnshire by George Boole, 
who later became the first professor of mathematics at Queen's College in 
Cork, Ireland.^ Upon completion of his education at the age of 14, Clarke 
was apprenticed to John Norton, a linen draper who was also a well-known 
political radical. Perhaps due to the influence of his new employer, Clarke 
drafted an "Address to the Young Men of England" at the age of 15. The 
address dealt with one of the most turbulent political issues of the time in 
Britain: free trade. In the essay, he urged the youth of his day to batter 
down "the hitherto unfathomable dungeons of ignorance of our modern 
aristocrats."^ 

Clarke emigrated to Canada in 1844; his mother, stepfather and other 
relatives had made the same journey only the year earlier.'* In June of that 
year, Clarke settled in the Niagara District and began a life as a farmer. He 
stayed on his Dunnville, Ontario farm until 1848 when a bout of fever forced 
him to resettle in Elora.^ In the years following his relocation, Clarke 
turned his attention from agriculture to business and journalism. During the 
day, Clarke worked as a chemist's assistant in a drug store in Hamilton, 
Ontario, a community some 40 miles from Elora. During the evenings, he 
worked as a writer for the Hamilton Journal and Express, a semi-weekly 
Reform oriented publication. ** In 1852, the Elora Backwoodsman was 
founded by Clarke and other Reform party supporters. Although not 
identified on the letterhead, Clarke did a great deal of editorial work for the 
publication. 

With the incorporation of Elora in 1857 Clarke began his distinguished 
career in politics. In 1858, he was elected to the town's first council. He 
was appointed Reeve the following year, an office he held until 1864. 



161 



Charles Kirk Clarke 



Clarke was re-elected to this office for one term in 1867. In addition to 
these posts, Clarke served as a School Trustee and as a member of the Elora 
High School Board.^ 

It was also during this period that Clarke became involved in the local 
militia. With the outbreak of the American Civil War in 1861, the people 
of Elora became concerned about the possibility of an American invasion of 
Canada. In the same year, a volunteer rifle corps was organized to combat 
this threat; Clarke joined and was given the rank of lieutenant. In 1866, due 
to his service at Chatham and Point Edward during the Fenian Raids, he was 
promoted to the rank of captain. By 1871, Clarke had reached the rank of 
lieutenant-colonel in command of the Elora regiment.* 

Given his early and continued interest in politics, it is not surprising that 
Clarke eventually decided to run for a seat in the provincial Assembly. In 
1871 he was unanimously nominated as the Reform candidate for the riding 
of Wellington Centre and defeated his Conservative opponent in the general 
election by 674 votes. ^ In the course of the second parliament, Clarke 
served on a number of committees, including those concerned with private 
bills, the printing of Assembly reports and the consideration of amendments 
to municipal legislation.^^ On 15 January 1873, it was Clarke who 
introduced a bill providing for the use of secret ballots in parliamentary 
elections. In his autobiography, he notes that in the years following 
Confederation, electoral corruption had become "so serious and threatening 
that every honest man felt the necessity of some effective remedy."'^ This 
bill was Clarke's contribution to the fight against such corruption. Although 
the legislation was not passed during this session, it was reintroduced as a 
government bill the following year and subsequently endorsed by the 
House. *^ 

Clarke was returned to the House by acclamation in 1875 and by a 
substantial majority in 1879." The fourth Legislative Assembly of Ontario 
convened in Toronto on 7 January 1880; on this date, Charles Clarke was 
nominated for the office of Speaker and duly elected to the Chair. ^'^ During 
Clarke's initial term in the Chair, a great deal of legislation concerning social 
issues was placed before the House. For example, the welfare of the 
destitute mentally ill and the protection of railway employees were the 
subjects of bills introduced and passed in the Assembly's first two 
sessions.'^ Also during this parliament, a bill to establish the first 
provincial board of health was proposed and ratified by the Legislature.'* 



162 



Charles Kirk Clarke 



In 1883, Clarke was returned to the Assembly as the member for Wellington 
Centre. When the House met on 23 January 1884, he was also returned to 
the Office of Speaker of the Legislative Assembly and became only the 
second individual since Confederation to hold the Chair for two consecutive 
terms 



17 



One of the most noteworthy bills presented to the House at this time 
concerned the case of Delos R. Davis. On 12 February 1884, William 
Balfour — a future Speaker of the House — introduced An Act to authorize 
the Supreme Court of Judicature for Ontario to admit Delos Roger Davis to 
practise as a Solicitor. The passage of such legislation was not uncommon 
in the House in this period as many already qualified legal practitioners 
sought to waive the Law Society of Upper Canada's educational requirements 
through the attainment of a parliamentary act. Davis' case, however, was 
different. As a black man, Davis could not find a legal firm that would take 
him on as a student. Without this experience, it would have been impossible 
for Davis to be called to the Bar in Ontario. With the passage of Balfour's 
act late in the Assembly's first session, Delos R. Davis became the first black 
lawyer to practice in Ontario.'* 

Of all the legislation that came before the House during Clarke's second term 
as Speaker, the most interesting involved the type of political corruption 
Clarke sought to eradicate. On 17 March 1884, Robert McKim and William 
Balfour brought it to the attention of the Speaker that they had been offered 
large sums of money to induce them to vote against the Government.*' The 
"Bribery Plot," as it came to be known, rocked the Assembly. The 
Assembly's Committee on Privileges and Elections launched an investigation 
into the matter.^ A separate judicial commission was also assigned to 
investigate the charges of entrapment that were laid against members of the 
House including Timothy Blair Pardee, Arthur Sturgis Hardy and Oliver 
Mowat. Ultimately, both investigations were completed and charges brought 
against Christopher W. Bunting, John A. Wilkinson, Edward Meek and F. 
S. Kirkland - all members of the provincial Conservative party. All four 
were acquitted in the York County Court of Assizes.^* 

Clarke was returned to the House in 1886, this time as the Member for the 
riding of Wellington East. He did not assume the duties of the Speakership 
for a third term but, rather, resumed his seat as a private member. He 
served as Chairman of the Public Accounts Committee until he resigned in 
1891 to accept an appointment as Clerk of the House.^ At the urging of 



163 



Charles Kirk Clarke 



Premier Mowat, Clarke authored the Member's Manual, a guide to practice 
and procedure in the Legislative Assembly. 

Charles Clarke retired as Clerk of the House in 1907. In the following year 
he published his autobiography in the form of reminiscences. Sixty Years in 
Upper Canada is still a valuable tool for understanding the politics and 
society of nineteenth-century Ontario. Clarke died in Elora on 6 April 1909. 



Notes 



'Although Clarke's autobiography, Sixty Years in Upper Canada, does not 
give his second name, a diary kept by Clarke at age 8 reads "Charles Kirk 
Clarke." 

^or a description of Clarke's early school days, see Charles Clarke's Diary, 
1866, Charles Clarke Papers, Wellington County Archives. See also: 
Charles Clarke, Sixty Years in Upper Canada with Autobiographical 
Recollections (Toronto: William Briggs, 1908), pp. 7-16; George M. Rose, 
ed., A Cyclopedia of Canadian Biography (Toronto: Rose Publishing Co., 
1886), pp. 278-279; John C. Dent, "The Hon. Charles Clarke, Speaker of 
the Legislative Assembly of Ontario," The Canadian Portrait Gallery, vol. 
3 (Toronto: John B. Magurn, 1881), p. 204. 

'John Connon, Elora: The Early History of Elora and Vicinity, with an 
introduction by Gerald Noonan (Elora, Ont.: The Elora Express, 1906; 
reprint Waterloo, Ont.: Wilfrid Laurier University Press, 1974), p. 135; 
Rose, Cyclopedia of Canadian Biography, p. 279; Clarke, Sixty Years in 
Upper Canada, pp. 30, 45; and Kathleen Finlay, Speakers of the Legislative 
Assembly of Ontario, 1867-1984 (Toronto: Legislative Library, Research 
and Information Services, 1985), p. 25. 

*Clarke, Sixty Years in Upper Canada, pp. 30-32; and Connon, The Early 
History of Elora, p. 135. 

^Clarke, Sixty Years in Upper Canada, pp. 38-43. 

*Ibid., pp. 44-45; Kenneth C. Dewar, "Charles Clarke and the Clear Grits: 
Early Victorian Radicalism in Upper Canada," unpublished journal article, 



164 



Charles Kirk Clarke 

pp. 1-2; Rose, Cyclopedia of Canadian Biography, p. 279; and Dent, "The 
Hon. Charles Clarke," pp. 204-205. 

^Clarke, Sixty Years in Upper Canada, p. 99; Connon, The Early History of , 
Elora, pp. 137, 143; Dent, "The Hon. Charles Clarke," p. 205; and Finlay, 
Speakers of the Legislative Assembly, pp. 25-26. 

^Finlay, Speakers of the Legislative Assembly, p. 26; Rose, Cyclopedia of \ 
Canadian Biography, p. 279; and Dent, "The Hon. Charles Clarke," 
pp. 205-206. 

Province of Ontario, Elections Ontario, Electoral History of Ontario: 
Candidates and Results with Statistics from the Records, comp. Office of the 
ChiefElection Officer (Toronto: Office ofthe Chief Election Officer, 1985), 
p. 87; and Dent, "The Hon. Charles Clarke," p. 206. 

^^rovince of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly ofthe Province of Ontario, vol. 6, 2nd Session, 2nd Parliament 
(Toronto: Hunter, Rose & Co., 1873), pp. 21, 50. 

^ ^Clarke, Sixty Years in Upper Canada, p. 103. 

^%id., p. 29; and Toronto Globe, 14 January 1874 and 27 February 1874. 

^^Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 87. 

''^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 13, 1st Session, 4th Parliament (Toronto: Legislative Assembly, 1880), 
pp. 4-5; and Clarke, Sixty Years in Upper Canada, p. 242 

^^See: Province of Ontario, Legislative Assembly, Journals ofthe Legislative 
Assembly ofthe Province of Ontario, vol. 13, 1st Session, 4th Parliament, 
pp. 25, 40, 123, 134, 141, 166; and idem. Journals of the Legislative 
Assembly ofthe Province of Ontario, vol. 14, 2nd Session, 4th Parliament 
(Toronto: Legislative Assembly, 1881), pp. 58, 102, 121, 139, 163. 

^^Idem, Journals ofthe Legislative Assembly ofthe Province of Ontario, vol. 
15, 3rd Session, 4th Parliament (Toronto: Legislative Assembly, 1882), 
pp. 85, 101, 105, 113, 117, 162. 



165 



Charles Kirk Clarke 



^^Although Rupert Mearse Wells was Speaker of the Legislative Assembly for 
both the second and the third parliaments, his election to this position came 
late in the third session of the second parliament. Thus it is possible to state 
that Clarke was truly the first Speaker to preside fully over two parliaments. 

See: Idem, Journals of the Legislative Assembly of the Province of Ontario ^ 
vol. 17, 1st Session, 5th Parliament (Toronto: Legislative Assembly, 1884), 
p. 4; Graham White, The Ontario Legislature: A Political Analysis 
(Toronto: University of Toronto Press, 1989), p. 55; and Clarke, Sixty 
Years in Upper Canada, p. 267. 

^*See: Province of Ontario, Legislative Assembly, Journals of the legislative 
Assembly of the Province of Ontario, vol. 17, 1st Session, 5th Parliament, 
pp. 36, 54, 59, 103, 120, 126, 140, 201. 

For more information regarding the career of Delos R. Davis, see: Julius 
Isaac, "Delos Roger Davis, K. C," The Law Society of Upper Canada 
Gazette vol. 24, No. 4 (December 1990): 293-301; and "Delos R. Davis," 
Biographical Files, Law Society of Upper Canada Archives, Osgoode Hall. 

^'For a detailed account of the events of the "Bribery Plot," see: Clarke, 
Sixty Years in Upper Canada, pp. 277-291. See also: Province of Ontario, 
Legislative Assembly, Journals of the Legislative Assembly of the Province 
of Ontario, \o\. 17, 1st Session, 5th Parliament, pp. 149, 150-151, 154-157, 
160, 198, 199. 

^or the text of the Committee's report, see: Province of Ontario, 
Legislative Assembly, Journals of the Legislative Assembly of the Province 
of Ontario, vol. 17, 1st Session, 5th Parliament, Appendix 2. 



^'Clarke, Sixty Years in Upper Canada, pp. 284-291. 



^2p 



rovince of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 24, 1st Session, 7th Parliament 
(Toronto: Legislative Assembly, 1891), p. 2. 



166 



Jacob Baxter 




Jacob Baxter 
1887-1890 

Portrait by J. W.L. Forster 



^ 

* 



Jacob Baxter 



JACOB BAXTER 

Jacob Baxter was born 6 June 1832 in Welland County, Upper Canada. Due 
to the social and political prominence of his father Jacob Baxter, Sr., former 
Reeve of the Township of Bertie, the younger Baxter was constantly 
reminded of the importance of community and public service during his early 
years. ^ Jacob was educated first at local schools and went on to study 
medicine at several distinguished institutions including the Toronto School of 
Medicine,^ the Department of Medicine at the University of New York, and 
Bellevue Hospital Medical College, New York City. He received his licence 
to practice in the province in 1853. Shortly thereafter, he and his younger 
brother. Dr. Benjamin Baxter, set up practice in Cayuga.^ 

From an early age, Baxter had been acquainted with his family's military 
heritage. His father served as a captain during the War of 1812 and had 
been present at the Battle of Fort Erie. The wounded from this particular 
battle had been taken to the family barn which served as. a make-shift 
hospital.'* In light of these events, it is not surprising that the younger 
Baxter took a keen interest in military affairs. Joining the 2nd Battalion of 
Haldimand, 37th Regiment, as its surgeon in 1856, he served for several 
ears and retired with the rank of surgeon-lieutenant colonel.^ 



n 1867, Baxter turned his attention to provincial politics. A life-long 
eformer, it was in this year that he accepted the Liberal nomination for the 
ding of Haldimand and ran as a candidate in the province's first general 
election since Confederation.^ On 3 September 1867 Baxter was elected to 
the House with a plurality of almost 57 per cent. This was to be the first of 
several political victories; over the next quarter-century the member for 
Haldimand had little difficulty retaining his seat in the Legislature.^ 

During his initial term in office, Baxter became greatly involved with the 
business of the House. He served on the Assembly's Committee on 
Privileges and Elections and on committees which considered an interesting 
assortment of bills ranging from the regulation of the sale of poison to a 
proposed tax on dogs.^ He was re-elected to the Assembly in 1871, 1873, 
1879, and 1883 and actively continued to represent the interests of his 
constituents through his participation in several legislative committees.' In 
addition, it was Baxter who was responsible for the introduction and ultimate 
passage by the House of a series of bills to amend and consolidate the acts 
regulating the practice of medicine and surgery in Ontario. '° 



167 



Jacob Baxter 



Through his many years of public service, Baxter attained considerable 
influence both inside and outside the House. In 1887, his stature in the 
Liberal party and in the Assembly itself was confirmed when he was elected 
to the office of Speaker upon the opening of the sixth provincial parliament 
on 10 February 1887/^ In his autobiography, Charles Clarke - a former 
Speaker who had seconded Baxter's nomination — noted that due to "his 
large experience, his natural dignity, and knowledge of parliamentary law, 
he [Baxter] was well-fitted to occupy the position to which he was . . . 
called. "^2 

Baxter presided over an Assembly preoccupied with issues ranging from the 
growing temperance movement to constitutional questions on provincial 
rights. The Escheats cases, the Crooks Act and the River and Streams bill 
had created tension between the federal Conservative government and the 
provincial Liberal government of Ontario. Over the course of Baxter's 
Speakership, the Ontario Legislature became a place where this conflict was 
often played out with the provincial Conservatives taking up the cause of 
federal rights. The inability to solve the question of the boundary between 
Manitoba and Ontario served as a focal point for a fierce battle between the 
two parties and their constitutional ideals.'^ As regards the temperance 
movement, the Assembly was flooded with petitions demanding legislation 
which would enforce the existing temperance laws either through education 
or additional police powers.^'* A bill "to provide for the enforcement of the 
Temperance Laws" was subsequently introduced and quickly passed in thej 
House. ^^ 

In addition to these matters, the House also debated and passed legislatioi 
dealing with higher education in the province, in particular the federation of 
the University of Toronto^^ and the unification of the Toronto Baptist 
College with Woodstock College under the name of McMaster University.^^ 
The question of women's suffrage was also given frequent, but cursory, 
examination by the Assembly. In the course of the parliament's first session, 
numerous petitions were presented to the House concerning the extension of 
franchise to women in the province.^* Perhaps in response to these 
requests, bills were introduced to amend the election laws and to permit 
women to vote in provincial elections during the following two sessions. 
Both pieces of legislation were discharged on the second reading by large 
majorities.^' 

Baxter's only defeat came in the provincial general election of 1894 when he 
lost his seat in the House to John Senn who had campaigned under the 



168 



Jacob Baxter 



Patrons of Industry banner. Indeed, this election was the first in which the 
Patrons held the status of a recognized provincial party. The strength of 
their appeal to agrarian interests had won the Patrons 17 seats in the 
legislature. As the opening of the seventh provincial parliament approached, 
the Patrons presented the Liberals and Conservatives with a distinct third- 
party force in the House. Senn was forced to vacate his seat on petition and, 
in the resulting by-election, lost to the "charter member" for Haldimand, 
Jacob Baxter.^ 

After serving the constituents of Haldimand for over 20 years, Baxter retired 
from provincial politics in 1898. Shortly after his departure from the 
Assembly, he was appointed registrar of deeds for Haldimand County. He 
held this office until his death on 23 July 1912. 



Notes 



^Jacob Baxter, Sr. was also a leader in agricultural matters and established 
the first agricultural society of Bertie Township. 

The Canadian Biographical Dictionary and Portrait Directory of Eminent and 
Self-Made Men, Ontario Volume (Toronto, Chicago and New York: 
American Biographical Publishing Company, 1880), p. 117; and Kathleen 
Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 (Toronto: 
Legislative Library, Research and Information Services, 1985), p. 29. 

^hile some sources state that Baxter did study medicine at Toronto, Finlay 
notes that his name never appeared on the rolls of the Toronto School of 
Medicine. See: Finlay, Speakers of the Legislative Assembly, p. 29. 

%id.; and Canadian Biographical Dictionary, Ontario Volume, pp. 11 7-1 18. 

*R. B. Nells, The County of Haldimand in the Days ofAuldLang Syne (Port 
Hope, Ont.: The Hamly Press, 1905), p. 83; and Finlay, Speakers of the 
Legislative Assembly, p. 29. 

'Anonymous, "Summary of the Records of the 37th Regiment, Haldimand 
Rifles, complied c. 1913," Caledonia Museum Collection; Nelles, County of 
Haldimand, p. 86; "Hon. Jacob Baxter has passed away," The Globe, 



169 



Jticob Baxter 



23 July 1912; Canadian Biographical Dictionary, p. 118; and Finlay, 
Speakers of the Legislative Assembly, p. 29 



I 



^Nelles, County ofHaldimand, p. 49. 

l»rovince of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 23. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 1, 1st Session, 1st Parliament 
(Toronto: Legislative Assembly, 1868), pp. 12, 21; idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 2, 2nd Session, 1st 
Parliament (Toronto: Legislative Assembly, 1869), pp. 11, 32; and idem, 
Journals of the Legislative Assembly of the Province of Ontario, vol. 3, 3rd 
Session, 1st Parliament (Toronto: Legislative Assembly, 1869), pp. 12,42. 

Tor examples of Baxter's involvement in the business of the House during 
this period, see: Idem, Journals of the Legislative Assembly of the Province 
of Ontario, vol. 5, 1st Session, 2nd Parliament (Toronto: Hunter, Rose & 
Co., 1872), pp. 50, 82; idem. Journals of the Legislative Assembly of the 
Province of Ontario, vol. 6, 2nd Session, 2nd Parliament (Toronto: Hunter, 
Rose & Co., 1873), p. 21; idem. Journals of the Legislative Assembly of the 
Province of Ontario, vol. 13, 1st Session, 4th Parliament (Toronto: 
Legislative Assembly, 1880), p. 20; idem. Journals of the Legislative 
Assembly of the Province of Ontario, vol. 17, 1st Session, 5th Parliament 
(Toronto: Legislative Assembly, 1884), pp. 48, 49; and idem. Journals of 
the Legislative Assembly of the Province of Ontario, vol. 18, 2nd Session, 
5th Parliament (Toronto: Legislative Assembly, 1885), pp. 22, 23. M 

^^ Canadian Biographical Dictionary , Ontario Volume, p. 118; and Finlay, 
Speakers of the Legislative Assembly, pp. 29-30. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 20, 1st Session, 6th Parliament 
(Toronto: Legislative Assembly, 1887), p. 4. 

^^Charles Clarke, Sixty Years in Upper Canada with Autobiographical \ 
Recollections (Toronto: William Briggs, 1908), p. 292. ' 



170 



Jacch Baxter 



t 



^^Finlay, Speakers of the Legislative Assembly, p. 30. 

^*Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 20, 1st Session, 6th Parliament, 
pp. 52, 60, 66, 77, 84, 88, 93, 99, 102, 106, 108, 115, 117, 123, 139. 

''Ibid., pp. Ill, 126, 134, 142, 156. 

'%id., pp. 99, 110, 114, 119, 148, 156. 

*^id., pp. 25, 31, 38, 99, 119, 127, 142, 156. 

*Ibid., pp. 76, 84, 88, 98, 108, 115. 



Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 22, 3rd Session, 6th Parliament (Toronto: Legislative Assembly, 1889), 
pp. 21, 81-82; and idem. Journals of the Legislative Assembly of the 
Province of Ontario, vol. 23, 4th Session, 6th Parliament (Toronto: 
.Legislative Assembly, 1890), pp. 25, 198. 

Province of Ontario, Elections Ontario, Electoral History of the Province 
of Ontario, p. 23; Finlay, Speakers of the Legislative Assembly, pp. 30-31; 
and "Hon. Jacob Baxter has passed away," The Globe, 23 July 1912. 



171 



Thomas Ballantyne 




Thomas Ballantyne 
1891-1894 

Portrait by J. W.L. Forster 



Thomas Ballantyne 



THOMAS BALLANTYNE 

Thomas Ballantyne was born 13 August 1829 in Peebles, Scotland. Although 
little is known of his youth and education, by the age of 23 he had broken 
with the family tradition of weaving and had become the manager of a co- 
operative store at Innerleither, a town not far from Peebles/ In 1852, 
Ballantyne emigrated to Canada and, as many Lowland Scots had before him, 
settled in the Township of Downie. 

Rather than resuming a career in business when he immigrated to Canada, 
he instead trained himself to be a teacher. Even though he had no formal 
instruction in education, Ballantyne passed all the examinations required to 
attain his teaching qualifications and found a position at Byers school in 
Downie. Ballantyne taught in several schools in the township over a period 
of eight years. ^ During this period, a proposition was made to reduce 
Ballantyne's already meagre salary. He accepted the reduction on the 
condition that the money saved be invested to found a • free library. 
Ballantyne's stipulation was adopted, and he took on the added responsibility 
of township librarian.^ 

Ballantyne coupled teaching with the pursuit of civic office. In 1855, he 
became township auditor, and the following year he held the position of 
township clerk. He alternated between these offices until 1867 when he 
became the first popularly-elected reeve of Downie.'^ It was in this capacity 
that Ballantyne had his first experience with unfavourable public opinion. In 
1873, he openly supported extending a line of the Port Dover and Lake 
Huron Railway to the north of Perth County, a plan which would place the 
railway outside of Downie's sphere of influence. Downie's inhabitants, 
^particularly its business community, were displeased that one of their elected 
civic representatives (Ballantyne) would not see fit to uphold their interests 
and had instead supported a railway that favoured the northern townships. 
Due to his stand on the issue, Ballantyne was defeated in the following local 
election.' 

Ballantyne pursued economic interests of his own while serving the township 
of Downie as a teacher and later as Reeve. In 1867 he built a cheese factory 
at Black Creek and, in the next decade, became a great force in Ontario's 
fledgling dairy industry. Modeled on the systems used by New York state 
cheesemakers, Ballantyne's factory became the Ontario testbed for the study 
of processing methods. This entrepreneurial concern with quality won great 
acclaim. In 1867, for example, a sample of his cheeses was awarded the 



172 



Thomas Ballantyne 



Gold Medal at the Centennial World Exhibition in Philadelphia. Two years 
after opening the factory, Ballantyne expanded his operation to include the 
import and export of cheeses, primarily to Britain/ 

Before his defeat on the local ballot, Ballantyne had turned his sights to 
gaining a seat in the provincial Assembly. In 1871, he had unsuccessftilly 
campaigned as the Liberal candidate for the riding of Perth North. In fact, 
he was rejected by the very voters who had benefited most from the railway 
he had so strongly supported.^ The provincial general election of 1875 
brought him better luck. Once again running as a Liberal candidate -- this 
time for the constituency of Perth South - he was elected to the Legislative 
Assembly by margin of 53 per cent.* 

From his earliest days in the Legislature, Ballantyne became immersed in the 
work of the House. In the course of his five terms, he served as a member 
of several of the Assembly's Standing Committees including those concerned 
with Privileges and Elections, Railways, and Public Accounts.' The 
member for Perth South was easily returned to the House in the subsequent 
general elections of 1879, 1883, 1886 and 1890. When the Legislature 
opened in Toronto on 1 1 February 1891, Ballantyne was elected to the office 
of Speaker of the Legislative Assembly.*" The new Speaker would be 
witness to a transition: Ballantyne was the last speaker to preside in the old 
Chamber on Front Street and the first to preside in the new Queen's Park 
location. This Speaker had other, more personal links with the past as his 
sons James and Thomas both married daughters of former Speaker Charles 
Clarke who was, at the time. Clerk of the Assembly.'* 

A number of diverse issues came to the attention of the House during 
Ballantyne's tenure in the Speaker's Chair. A bill providing for the 
construction of new and badly needed parliament buildings was introduced 
and passed shortly after the opening of the first session.*^ During the 
parliament's second session, members enacted a bill incorporating the 
Hospital for Sick Children in Toronto." The rights of women also figured 
prominently in the House's agenda. On 9 March 1892, future Speaker 
William Douglas Balfour introduced a bill which proposed that the Law 
Society of Upper Canada revise its admission policy and admit women to the 
study of law. In spite of great debate on the issue, the legislation was 
passed, and Clara Brett Martin became the first woman to be admitted to law 
school in Canada. *"* The question of womens' suffrage, however, fared 
poorly in the Assembly. On numerous occasions, petitions requesting the 



173 



Thomas Ballantyne 



extension of the franchise to women were brought before the Assembly and 
given due, but only cursory consideration.*^ 

Ballantyne ran in the 1894 provincial general election but, like many of his 
fellow candidates, lost his seat to individuals campaigning under the Patrons 
of Industry banner. With this loss, Ballantyne became the first sitting 
Speaker to be defeated since John Stevenson in 1871.'^ After his 
withdrawal from provincial politics, Ballantyne returned his interest to the 
dairy industry. In 1903, the directors of the Western Ontario Dairymen's 
Association passed a resolution urging the Dominion government to appoint 
Ballantyne a senator and cabinet minister responsible for dairy interests. In 
the same year, he was offered the office of Lieutenant-Governor. Ballantyne 
refused because of his advanced age and his wife's recent death. *^ 

In the summer of 1908, Ballantyne's health began to deteriorate rapidly and 
by 9 June he was confined to his bed. In the following days, his condition 
worsened. Thomas Ballantyne died 29 June 1908 at his son's home in 
Stratford, Ontario.** 



I 



Notes 



*"The Ballantynes have been stalwart leaders," Newspaper Article, Orr 
Collection Scrapbooks, Stratford Perth Archives. 

"^^bid.; and William Ballantyne, "Reminiscences of the Ballantynes," p. 10, 
Ballantyne Family Papers, Archives of Ontario. 

^Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 32; and Ballantyne, "Reminiscences of the Ballantynes," p. 11; and "The 
Ballantynes have been stalwart leaders," Orr Collection Scrapbook, Stratford- 
■ Perth Archives. 

^Finlay, Speakers of the Legislative Assembly, p. 32; and Ballantyne, 
"Reminiscences of the Ballantynes," p. 11. 

^W. Stafford Johnston and H. J. M. Johnston, History of Perth County to 
7967 (Stratford, Ont.: County of Perth, 1967), pp. 232, 299. 



174 



Thomas BalUmtyne 

**!. A. Ruddick, R. E. English, W. M. Drummond and J. E. Lattimer, The 
Diary Industry in Canada, ed. H. A. Innis (Toronto: The Ryerson Press, 
1937), pp. 68, 78, 93, 98; Adelaide Leitch, Floodtides of Fortune: The 
Story of Stratford (Stratford, Ont.: City of Stratford, 1980), pp. 100-101; 
W. S. Dingman, The Ballantyne Family in Canada, pp. 12-13, Manuscript, 
Ballantyne Family Papers, Archives of Ontario; and Finlay, Speakers of the 
Legislative Assembly, pp. 32-33. 

Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 19; and Finlay, Speakers of the Legislative Assembly, p. 33. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 19. ' 

^See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 13, 1st Session, 4th Legislature 
(Toronto: Legislative Assembly, 1880), p. 20; idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol 17, 1st Session, 5th 
Parliament (Toronto: Legislative Assembly, 1884), pp. 49-50; and idem, 
Journals of the Legislative Assembly of the Province of Ontario, vol. 20, 1st 
Session, 6th Parliament (Toronto: Legislative Assembly, 1887), pp. 17, 95. 

^"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 24, 1st Session, 7th Parliament ' 
(Toronto: Legislative Assembly, 1891), p. 4. 

"Finlay, Speakers of the Legislative Assembly, p. 34. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 24, pp. 125, 128, 129, 140, 143, 
182. See also: Idem, Journals of the Legislative Assembly of the Province 
of Ontario, vol. 27, 4th Session, 7th Parliament (Toronto: Legislative 
Assembly, 1894), pp. 66, 81, 100, 203. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 
25, 2nd Session, 7th Parliament (Toronto: Legislative Assembly, 1892), 
pp. 34, 74, 75, 94, 99, 109, 114, 207. 

*%id., pp. 66, 83, 72, 148-149, 159, 179, 186, 207. 



175 



Thomas BalUmtyne 



''Ibid., pp. 55, 97; and idem, Journals of the Legislative Assembly of the 
Province of Ontario, vol. 26, 3rd Session, 7th Parliament (Toronto: 
Legislative Assembly, 1893), pp. 21, 84, 100, 104, 123-124. 

'^Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 19; 
and Finlay, Speakers of the Legislative Assembly, p. 34. 

'TDingman, The Ballantyne Family in Canada, pp. 14-15; and Finlay, 
Speakers of the Legislative Assembly, p. 34. 

'*See: "Prominent Figure Passed," The Stratford Herald, p. 29, June 1908; 
"Hon. T. Ballantyne Dead," The Mitchell Advocate, 3 July 1908; "Funeral 
Obsequies of Hon. Thomas Ballantyne," The Stratford Herald, 2 July 1908; 
and "Thomas Ballantyne dies at ripe age," London Free Press, 30 June 1908. 



I 



176 



William Douglas Balfour 




William Douglas Balfour 
1895-1896 

Portrait by Mildred Peel 



William Douglas Balfour 



WILLIAM DOUGLAS BALFOUR 

Many individuals have been members of the Legislative Assembly of the 
Province of Ontario, but few have had legislative careers as interesting as 
William Douglas Balfour's. A teacher, publisher and politician, Balfour's 
career reflects the professional diversity of those individuals who held 
administrative posts on both the local and provincial level. Indeed, in the 
course of his political tenure, Balfour championed the rights of minorities 
and the underprivileged, became embroiled in a scandal, and held important 
political offices, including that of Speaker of the House. 

Balfour was born on 2 August 1851 in Forfar, Scotland, and was the eldest 
of five children. In 1857, Balfour's family emigrated to Upper Canada and 
settled in St. Catharines. He attended the local elementary school and later 
the Grantham Academy, leaving at the age of 15 to teach school. From 1866 
until 1871, he pursued a career as a teacher and, during this period, taught 
in elementary schools in Grantham and Louth townships.^ 
[ 

Although he would never have totally abandoned his interest in educational 
issues, Balfour left his teaching responsibilities to establish the daily and 
weekly St. Catharines News in partnership with Robert Matheson in 1872. 
This association lasted until 1874, at which time Balfour moved to 
Amherstburg where he started the weekly Amherstburg Echo with John Allan 
Auld.^ The Echo propagated the Liberal views of its publishers and often 
contained articles promoting the Amherstburg area. Eleven years later, 
Balfour became president of the new joint-stock company that was formed 
to take over the operation of the Echo. 

In addition to his journalistic endeavours, Balfour also held local 
administrative positions during this period. In 1875, shortly after his 
relocation to Amherstburg, he was elected as a public school trustee. He had 
held a similar office in St. Catharines in the early 1870s. In 1878, he was 
elected reeve of the town of Amherstburg and became chairman of the town 
council's finance committee. Also in his capacity as reeve, Balfour served 
on several county council committees, including those dealing with education 
and finance.' 

With his extensive experience in local politics, it is not surprising that 
Balfour eventually turned his sights toward a seat in the provincial Assembly. 
In the provincial general election of 1879 he unsuccessftilly campaigned as 
the Liberal Reform candidate for the riding of Essex South. When Lewis 



177 



William Douglas Balfour 



Wigle, his opponent, resigned the seat three years later to run in the federal 
general election, Balfour jumped once more into the fray of provincial 
politics. In October 1882, he was elected to the Assembly as the member for 
Essex South/ 

Balfour was returned to the House in 1883 and doubtless was unaware of the 
part he would play in the upcoming parliament. On 17 March 1884, Balfour 
and Robert McKim, the member for North Wellington, approached Speaker 
Charles Clarke and gave him a package. The package contained two separate 
envelopes and a request that he not open them until he was instructed to do 
so by Attorney General Oliver Mowat. Mowat's request came at the end of 
the day's sitting. In his reminiscences, Clarke stated that he opened the 
envelopes and read the letters 

with some curiosity as to the contents of the 
letters and the novelty of the procedure, but 
[he was] convinced by the manner of the 
Attorney-General that the matter was of no 
common import.^ 

The envelopes contained, in total, the sum of $1,800; the accompanying 
letters written by Balfour stated that this money had been given to them in 
order to influence them to vote against their own government.*^ 

The "Bribery Plot," as it is commonly known, "aroused the most profound 
attention for the members on both sides of the House. "^ Amidst denials 
from the Conservative opposition of any involvement in the "plot," a 
majority of the members demanded an inquiry into the allegations put 
forward by Balfour and McKim. As Clarke notes, a common belief that the 
"honour and good name of the Legislative Assembly had been besmirched, 
[and] that its standing, . . . was lowered" only served to convince the 
Assembly "that the only steps to be taken were such as should fully warrant 
the most drastic treatment."* A judicial inquiry was appointed to look into 
the matter in January 1884. It found that F. S. Kirkland, a Wisconsin 
lawyer, F. Stimson, and three Canadians with connections to the 
Conservative party had attempted to bribe five members in total. Along with 
Balfour and McKim, R. A. Lyon, John Cascaden and J. F. Dowling had also 
been the target of the group's political machinations. Criminal charges of 
"conspiring to corrupt" were laid against the alleged bribers who were 
ultimately acquitted of the charge due to legal technicalities.^ 



178 



William Douglas Balfour 



It was also during this turbulent session that Balfour brought forward bills 
concerning Delos R. Davis. On 12 February 1884, he introduced An Act to 
authorize the Supreme Court of Judicature for Ontario to admit Delos Roger 
Davis to practise as a Solicitor. ^° While it was common during this time 
for the House to enact legislation allowing individuals trained outside of the 
province to practice law in Ontario, Davis' case presented a new and 
important aspect to the matter. As a black man, Davis had been denied 
admission to the Bar since he could not find a legal firm in Victorian Toronto 
that would accept him as an articling student. As such experience was a 
prerequisite of the Law Society for being admitted as a solicitor, it was 
necessary for Davis to acquire legislation enabling him to practice in Ontario. 
Balfour, consistently a champion of minority rights, took up Davis' case and 
pushed his legislation through the House. The proposed bill was passed and 
Delos R. Davis was admitted to the Bar in 1884, becoming the first black 
lawyer in Ontario." 

Balfour was returned to the Assembly in 1886 and in 1890,. both times by 
substantial majorities. ^^ As was his custom, the member for Essex South 
avidly participated in the affairs of the House and served on several 
committees including those concerned with private bills, railways, and public 
accounts. ^^ During the second session of the seventh parliament, Balfour 
distinguished himself once more as an advocate of minority rights. This time 
the case in question concerned the admission practices of the Law Society of 
Upper Canada. 

Early in the 1892 session, it was brought to the attention of the House that 
Clara Brett Martin had applied to be admitted to law school but had been 
refused by the Law Society. Seeking support for her cause, Martin 
approached Balfour, who due to his support of Delos R. Davis, "was 
becoming widely known as a progressive politician who supported legal 
struggles against discrimination. "*'* Balfour took an interest in her problem 
and, on 9 March 1892, introduced a bill to provide for the compulsory 
admission of women in the study of law. The legislation was not warmly 
received by the House: an unsuccessful attempt to delay consideration of the 
bill for six months was made and it passed its second reading by only one 
vote.^^ After undergoing a "drastic transformation" at the hands of the 
Assembly's Standing Committee on Private Bills, which empowered the Law 
Society to admit women as solicitors only, the legislation was accepted and 
passed by the House allowing Martin to begin her drive to become the first 
female lawyer in Canada. ''^ 



179 



William Douglas Balfour 



Balfour's legislative record helped him return to the House in 1894 and, 
when the Assembly convened on 21 February 1895, he was elected Speaker 
of the Legislature.^^ While perhaps not as eventful as his previous terms 
as a private member, Balfour's tenure as Speaker encompassed many 
important political issues. The debate concerning the Manitoba schools 
question was the most notable of these. The often emotional discussion 
concerned the provincial parliament's reaction to the fact that although the 
Manitoba government had decided to abolish its dual school system, the 
federal government was initiating action to reinstate the scheme. Even 
though some members of the Assembly wanted the House to oppose the 
federal actions, it was ultimately resolved that 

by the British North America Act the matter 
of Education (subject to certain provisions 
therein specified) belongs to the Provincial 
Legislatures and not to the Dominion 
Parliament; that the Act of the Manitoba 
Legislature abolishing Separate Schools has 
been declared by the Judicial Committee of 
the Privy Council to be within the authority 
of the said Legislature and therefore in point 
of law a valid Act. 

That while, probably, the great majority of 
the people of Ontario do not favour Separate 
Schools, ... it will be extremely 
unfortunate if the remedy of the alleged 
grievance in Manitoba is to be accomplished 
by the action of the Dominion Parliament 
instead of the Manitoba Legislature.** 

Balfour held the Speakership for little more than a year. On 21 July 1896, 
he was appointed to the portfolio of Provincial Secretary in Arthur Sturgis 
Hardy's cabinet. He held this office for only four weeks.'' 

The former Speaker's declining health forced him to forsake politics. In the 
summer of 1896, the seriousness of his illness was becoming obvious. At 
the request of his wife, Balfour was moved back to the Speaker's apartment 
in which he had resided less than a year before. It was there that he died on 
19 August 1896 at the age of 45. 



180 



William Douglas Balfour 
Notes 



'"William Douglas Balfour," Dictionary of Canadian Biography, vol. 12 
(Toronto: University of Toronto Press, 1990), p. 52; George M. Rose, ed., 
"William Douglas Balfour," A Cyclopedia of Canadian Biography (Toronto: 
Rose Publishing Co., 1886), p. 805; and Kathleen Finlay, Speakers of the 
Legislative Assembly of Ontario, 1867-1984 (Toronto: Legislative Library, 
Research and Information Services, 1985), p. 35. 

^ose. Dictionary of Canadian Biography, p. 805; and Dictionary of 
Canadian Biography, vol. 12, p. 52. 

^Finlay, Speakers of the Legislative Assembly, p. 35; Rose, Cyclopedia of 
Canadian Biography, p. 806; and Dictionary of Canadian Biography, vol. 
12, p. 3. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 18; Legislators and Legislatures of Ontario, vol. 2: 1867-1929, 
comp. Debra Forman (Toronto: Legislative Library, Research and 
Information Services, 1985), pp. 50-51; and Finlay, Speakers of the 
Legislative Assembly, p. 35. 

'Charles Clarke, Sixty Years in Upper Canada with Autobiographical 
Recollections (Toronto: William Briggs, 1913), pp. 277-278. 

'^See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 17, 1st Session, 5th Parliament 
(Toronto: Legislative Assembly, 1884), pp. 149-151, 154-156, 156-157, 
160, 198, 199 and Appendix II. 

^Clarke, Sixty Years in Upper Canada, p. 279. 

Ibid. See also: C. R. W. Biggar, Sir Oliver Mowat: A Biographical 
Sketch, vol. 1 (Toronto: Warwick Brothers and Rutter Ltd., 1905), pp. 364- 
367; and Finlay, Speakers of the Legislative Assembly, p. 36. 

'See: S. J. R. Noel, Patrons, Clients, Brokers: Ontario Society and 
Politics, 1791-1896 (Toronto: University of Toronto Press, 1990), pp. 272- 



181 



William Douglas Balfour 



274; Biggar, Sir Oliver Mowat, vol. 1, pp. 366-367; and Clarke, Sixty Years 
in Upper Canada, pp. 280-291. 

^"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 17, 1st Session, 5th Parliament, , 
p. 59. 

^^Davis had a distinguished legal career and was appointed to King's Council 
on 10 November 1910. 

See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 17, 1st Session, 5th Parliament, 
pp. 36, 54, 59, 103, 120, 126, 140, 201; Julius Issac, "Delos Roger Davis, 
K. C," Law Society of Upper Canada Gazette, vol. 24, No. 4 (December 
1990): 293-301; "Delos R. Davis," Law Society of Upper Canada Archives 
Biographical File, Law Society of Upper Canada Archives, Osgoode Hall. 

'Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 19. 

^^See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 20, 1st Session, 6th Parliament 
(Toronto: Legislative Assembly, 1887), p. 17; and idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 24, 1st Session, 7th 
Parliament (Toronto: Legislative Assembly, 1891), pp. 32, 47, 76, 110, 
127. 

^'*Constance Backhouse, Petticoats and Prejudice: Women and the Law in 
Nineteenth Century Canada (Toronto: The Osgoode Society, 1991), p. 304. ; 

'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 25, 2nd Session, 7th Parliament 
(Toronto: Legislative Assembly, 1892), pp. 66, 79, 148-149. 

^%id., pp. 72, 148-149, 159, 179, 186, 207; and Theresa Roth, "Clara Brett 
Martin-Canada's Pioneer Women Lawyer," Law Society of Upper Canada 
Gazette, vol. 18, No. 3 (1984): 330. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislativel 
Assembly of the Province of Ontario, vol. 28, 1st Session, 8th Parliament] 
(Toronto: Legislative Assembly, 1895), p. 4. 



182 



William Douglas Balfour 



"Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 
29, 2nd Session, 8th Parliament (Toronto: Legislative Assembly, 1896), pp. 
57-58. 

^'Forman, Legislators and Legislatures, vol. 1: 1792-1866, p. xxxi; and 
Charles W. Humphries, "Honest Enough to be Bold": The Life and Times of 
Sir James Pliny Whitney, Ontario Historical Studies Series (Toronto: 
University of Toronto Press, 1985), p. 38. 



183 



Francis Eugene Alfred Evanturel 



I 




Francis Eugene Alfred Evanturel 
1897-1902 

Portrait by Mildred Peel 



Francis Eugene Alfred Evanturel 



FRANCIS EUGENE ALFRED EVANTUREL 

The spectre of Anglo-French conflict has loomed over the political history 
of both the Dominion of Canada and the province of Ontario. Regional and 
cultural differences and the prejudices of the members of the Assembly and 
Ontarians meant that few Franco-Ontarians were elected to the House and an 
even smaller number were elevated to cabinet positions until early in the 
twentieth century. This political bias extended to other political offices. For 
example, although individuals of French Canadian origin had held the 
Speaker's Chair during the period 1841-1866, it was not until 1897 that the 
Legislative Assembly of Ontario elected its first Francophone to this position. 

trancis Eugene Alfred Evanturel was born in Quebec City, Canada East on 
1 August 1849. As the eldest son of the Hon. Francis Evanturel — Minister 
f Agriculture in the Sandfield Macdonald-Sicotte administration of 1862 ~ 
tivanturel was introduced to provincial politics at an early age.^ He received 
a classical education at the S^minaire de Quebec and, upon his graduation, 
enroled at Laval University to study law. Evanturel graduated with degrees 
in arts and law in 1870 and was admitted to the Bar of the Province of 
Quebec in January 1872.^ 

Shortly after his call to the Bar, Evanturel entered into private practice. In 
1873, he was offered a position in the civil service in Ottawa; he remained 
in the employ of the Dominion government until 1878.^ During his time in 
Ottawa, Evanturel pursued social and political matters. He took a prominent 
role in the founding of the Institut-Canadien and St. Jean Baptiste Society. 
In addition, he was elected as school trustee for the Ottawa ward of 
Wellington.'* 



I 



1873, Evanturel and his Irish-born wife moved to L'Orignal in Prescott 
ounty. It was here that, some 13 years later, he established L'Interprite, 
a newspaper that was published between 1886 and 1892. It was also while 
living in this area that he gained first-hand knowledge of the difficulties faced 
by Ontario's Francophone community. Antagonism between Protestants and 
Catholics in Ontario had rapidly intensified since the early 1870s when the 
Orange Order, an organization to advance Protestant interests, sought 
incorporation under a special act of the Assembly. The conflict had largely 
manifested itself in attacks in the press and in the House against separate and 
French language schools in Ontario.^ 



184 



Francis Eugene Alfred Evanturel 



It was this very issue that drew Evanturel into provincial politics. After 
severing his political ties with the Conservatives over their opposition to 
separate and French language schools, Evanturel joined Oliver Mowat's 
Liberals. A party incorporating a cross-section of all Ontario's religious and 
cultural forces, Mowat's Liberals wished to "conciliate the Protestant 
majority to French and Catholic rights.'"* In 1883, therefore, Evanturel was 
able to find an ideologically acceptable political platform and ran in the 
provincial general election as the Liberal candidate for Prescott,^ 

Although unsuccessftil in 1883, Evanturel was elected to the provincial 
Assembly as the member for Prescott three years later.* As the 
representative of a predominantly French-speaking, Catholic constituency, it 
is not surprising that the member for Prescott often rose in the House to 
speak in defense of French language and cultural rights. His often eloquent 
oratorical skills earned him a reputation in the Assembly. This reputation 
was enhanced by the events of the 1887 Premiers conference at Quebec. 
Oliver Mowat, as senior provincial Premier, was elected Chairman of the 
conference; Evanturel, while not as high in the provincial administration as 
other delegates, was chosen as the conference's honourary secretary.' 

Evanturel was returned to the Assembly by acclamation in 1890 and by a 
significant majority in 1894.'° During the third session of the 8th 
parliament, Speaker William Douglas Balfour resigned the Chair in order to 
take a cabinet portfolio. In what was a first for the Ontario Legislature, a 
Francophone (Evanturel), was elected to replace Balfour on 10 February 
1897." While Evanturel's appointment prompted self-congratulatory 
comments from the members on their display of racial tolerance,'^ the 
government's choice of Speaker had more to do with political expedience 
than a demonstration of goodwill. It was federal Liberal leader Wilfrid 
Laurier who suggested to Premier Hardy that the member for Prescott be 
given the Speakership. Laurier felt that as a Francophone, a Catholic and the 
spouse of an Irish Catholic, Evanturel represented diverse political interest 
groups. Moreover, his election to this position granted the government an 
opportunity to garner support from the province's Francophone population. 
Although Hardy initially resented Laurier's suggestion, he acquiesced when 
reminded that "the selection of Evanturel would in all probability, secure the 
French vote absolutely."'^ 

Evanturel presided over the remaining session of the 8th legislature and, 
upon his return in 1898,'^* was nominated for a second term in the Chair. '^ 
In the course of the 10th parliament, the House considered acts on issues 



185 



Francis Eugene Alfred Evanturel 



ranging from transportation to prohibition to political intrigue. Acts to 
provide for the incorporation of the Ontario Historical Society^^ and the 
Canada Central and Canada Western Railway companies'^ were introduced 
and subsequently passed by the House. Furthermore, the submission of 
numerous petitions requesting the passage of some type of liquor control act 
resulted in the enactment of legislation regarding the sale of "Intoxicating 
Liquors" in the province." The greater part of the Assembly's 4th session 
was concerned with the controversy which had surfaced surrounding a by- 
election for the riding of West Elgin. Charges of bribery were brought 
forward and a legislative commission formed to deal with the issue.'' 

The member for Prescott was re-elected to the Assembly by a significantly 
narrower margin in 1902. Evanturel did not resume the Speakership but 
returned to the Liberal backbenches. On 22 November 1904, he became the 
first Francophone cabinet minister in Ontario since Confederation when he 
was appointed to Premier George W. Ross' cabinet as a Minister without 
Portfolio.^ Ross' shake-up of the cabinet, however, did little to save his 
party at the polls. In the provincial general election of 1905, Whitney's 
Conservatives dealt Ross' Liberals a massive blow, taking 69 seats to the 
Liberal's 29. Among the casualties was Evanturel. This defeat came not at 
the hands of the voters but at the hands of the riding's Returning Officer; a 
tie between Evanturel and his Conservative opponent had forced the 
Returning Officer to cast a deciding ballot.^' 

Although no longer a member of the Ontario Legislative Assembly, 
Evanturel did not leave politics. In 1907, he was appointed Second Clerk 
Assistant to the Senate of Canada, and he took on the additional post of 
French translator in 1908.^ Francis Eugene Alfred Evanturel died on 15 
November 1909 at Alfred, Ontario, two years before his son Gustave was 
elected to the provincial Assembly for the riding that his father had 
represented for almost 20 years. 



Notes 



'"Francis Eugene Alfred Evanturel," A Cyclopedia of Canadian Biography, 
ed. G. L. Rose (Toronto: Rose Publishing Co., 1888), p. 323. 



186 



Francis Eugene Alfred Evanturel 

%id.; and Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 
1867-1984 (Toronto: Legislative Library, Research and Information 
Services, 1985), p. 38. 

'Lucien Broult, Histoire des Comtis Unis de Prescott et de Russell 
(L*Orignal, Ont.: Conseil des Comt& Unis, 1965), pp. 43, 61; Rose, 
Cyclopedia of Canadian Biography, p. 323; and Finlay, Speakers of the 
Legislative Assembly, p. 38. | 

'^Broult, Histoire des Comtis Unis de Prescott et de Russell, p. 6L 

'See: Ibid., pp. 43-45; and Finlay, Speakers of the Legislative Assembly, 
p. 38. 

^Janet B. Kerr, "Sir Oliver Mowat and the Campaign of 1894," Ontario 
History, 55 (1963): 4. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- \ 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 151; and Finlay, Speakers of the Legislative Assembly, p. 38. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 151. 

^C. R. W. Biggar, Sir Oliver Mowat: A Biographical Sketch, vol. 2 
(Toronto: Warwick Brothers & Rutter Ltd., 1905), pp. 506-507; and Broult, 
Histoire des Comtis Unis de Prescott et de Russell, p. 61. 

'Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 151. 

^^Legislators and Legislatures of Ontario, vol. 2: 1867-1929, comp. Debra 
Forman (Toronto: Legislative Library, Research and Information Services, 
1985), p. 91. 

^^See: The Globe, 11 February 1897. 

"Charles W. Humphries, "Honest Enough to Be Bold": The Life and Times 
of Sir James Pliny Whitney, Ontario Historical Studies Series (Toronto: 
University of Toronto Press, 1985), pp. 38-39. 



187 



Francis Eugene Alfred Evanturel 



"Evanturel was returned by acclamation in 1898. See: Province of Ontario, 
Elections Ontario, Electoral History of Ontario, p. 151. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 32, 1st Session, 9th Parliament 
(Toronto: Legislative Assembly, 1898), p. 4. 

**Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 33, 2nd Session, 9th Parliament (Toronto: Legislative Assembly, 1899), 
pp. 119, 122, 188, 211, 271, 282, 306. 

'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 36, 5th Session, 9th Parliament (Toronto: L. K. Cameron, 1902), 
pp. 92, 102, 105, 135, 161, 162, 170, 184, 191, 197, 203, 217, 240, 248, 
278. 

'%id., pp. 11, 17, 19, 23, 25, 30, 37, 40, 44, 49, 52, 58, 62, 63, 67, 70, 
75, 82, 87, 91, 96, 101, 109, 119, 124, 130, 135, 141, 149, 181, 197, 201, 
205, 209-212, 221, 239, 268. 

*'See: Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 35, 4th Session, 9th Parliament (Toronto: L. K. Cameron, 1901), 
pp. 21, 31, 32, 35, 36, 39, 41-43, 141, 224 and Sessional Papers Nos. 46 
and 77. 

Randall White, Ontario 1610-1985: A Political and Economic History, 
Ontario Heritage Foundation Local History Series No. 1 (Toronto: Dundurn 
Press, 1985), p. 179; Humphries, "Honest Enough to be Bold": The Life 
and Times of Sir James Pliny Whitney, pp. 91-92; and Forman, Legislators 
and Legislatures of Ontario, vol. 1: 1792-1866, p. xxxi. 

^^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 151; Humphries, "Honest Enough to be Bold": The Life and Times of Sir 
James Pliny Whitney, p. 94; and Finlay, Speakers of the Legislative 
Assembly, p. 40. 



22' 



Finlay, Speakers of the Legislative Assembly, p. 40. 



188 



William Andrew Charlton 




William Andrew Charlton 
1903-1904 

Portrait by Anr^ Rockwell Compton 



William Andrew Charlton 



WILLIAM ANDREW CHARLTON 

The early years of William Andrew Charlton, 10th Speaker of the Legislative 
Assembly of Ontario, were often spent moving from homestead to 
homestead. Born 29 May 1841 in Cattaraugus County, New York, Charlton 
was the youngest child of Adam Charlton and Ann Gray. Several years after 
Gray's death in 1844, William's father moved his young family from New 
York to Waterloo County, Canada West. The Charltons stayed in Waterloo 
County for only six years and, in 1855, returned to the United States and 
settled in Iowa. While this frequent relocation might have denied the 
youngest Charlton a proper education, his father made certain that his son 
received schooling in both Canadian and American schools. A good student, 
Charlton's original career path had little to do with politics: he wanted to 
study medicine and only abandoned this pursuit when faced with financial 
difficulties.^ 

[n 1861, at the age of 20, Charlton returned to Canada West and settled at 
Lynedoch in Norfolk County. His elder brother, John came to Lynedoch in 
1853 and began a successful mercantile and lumbering operation. It was for 
this reason that William Charlton returned to Canada: upon his arrival, he 
joined his brother in business. Located in an area of dense pine and oak 
forests, the Charlton brothers' firm prospered for over 30 years and allowed 
the two to become prominent members of the economic community of 
Lynedoch.^ 

Public service was not foreign to the Charlton family. William's brother 
John had been elected to the House of Commons in Ottawa in 1872 as the 
member for Norfolk North and held this seat for 32 years.^ Like his 
brother, William also entered a career in public service, although at the 
provincial rather than the federal level. His first attempt to enter provincial 
politics was unsuccessftil. In 1886 he ran as the Liberal candidate in the 
riding of Norfolk South and was defeated by William Morgan, the 
Conservative incumbent.'* 

In the general election of 1890 William Charlton defeated the Conservative 
candidate and took the seat with just over half the vote.^ Charlton's victory 
did not last long. Shortly after the results were known, his Conservative 
opponent filed a petition contesting the returns: on 29 December 1890 
Charlton's election was declared void, and a by-election was called for the 
following month. The voters of Norfolk South stood by their initial decision, 
however, and on 11 February 1891 the House was informed that William 



189 



William Andrew Charlton 



Charlton had been returned as the member for Norfolk South.** With the 
confirmation of his election, Charlton turned to the business of the House. 
During his first term in the Assembly, he served on the Select Committee on 
Natural Gas.^ Charlton's electoral experiences were never again as difficult 
as they had been in 1890, for in the subsequent general elections, he was 
returned to the Assembly easily. 

The 10th Legislative Assembly of Ontario met for the first time on 10 March 
1903. On the same day, William Andrew Charlton was nominated for the 
Speakership by Premier Ross and elected to the Chair.* Even though 
Charlton's term as Speaker spanned only two rather than the usual four 
sessions, he presided over a House that dealt with several different issues. 
For example, several bills were introduced which provided either for the 
incorporation of a number of different railway companies - including the 
Central Trunk Railway ~ or for the furnishing of aid to established 
transportation companies.' During the second session, the Assembly focused 
its attention on the exportation of natural gas to the United States. On 16 
March 1904, it was resolved that the House should petition the federal 
government 

to prohibit the exportation of natural gas 
from Ontario into the United States of 
America, or failing that, to place an 
equitable export duty upon all natural gas 
exported. '" 

The resolution further outlined the steps that could be used to bring about 
this event: the House recommended that the federal government could 
enforce such a ban either by cancelling operating licences for pipeline owners 
or by "forcibly disconnecting transmission pipes across [the] Niagara 
River. "'^ 

The most interesting and important incident of Charlton's tenure as Speaker 
had its roots not in the daily business of the House but rather in events which 
occurred before the 10th Parliament convened in March. The general 
election of May 1902 had produced an Assembly in which the Liberals held 
a mere 4-seat majority to their Conservative opposition. By the end of July 
1902, however, this majority had been reduced to a single seat. The 
appointment of a Speaker, a death and a judicial overturning of the Liberal 
victory had diminished what had been a slim but secure majority for the 
ruling Liberals. ^^ By December 1902, judicial rulings had left four seats - 



190 



William Andrew Charlton 



- one Conservative and three Liberal — without members, and this situation 
demanded by-elections early in January 1903. These by-elections were a 
boon for the governing party: three seats, including two that had previously 
been held by the Conservatives, fell to Ross's Liberals." 

Prior to the opening of Parliament, Robert Gamey, an insurance agent and 
the freshman Conservative member for Manitoulin Island, announced that he 
would be throwing his support behind Ross' party. The ire of the 
Conservative party was somewhat abated, however, when on 1 1 March 1903, 
Gamey rose in the House to announce that he had been approached in August 
1902 with the proposition of supporting Ross' Liberals in return for financial 
and patronage considerations. He claimed that he had received his first 
instalment ~ a sum of $1,500 ~ on 10 September 1902. To complicate 
matters further, Gamey noted that he had received the money in the outer 
office of Provincial Secretary James R. Stratton. Gamey concluded his hour 
long speech with the revelation that after he had accepted the money, Stratton 
had himself dictated Gamey's statement of political intent that had been 
released both to his party and to the Globe on 30 January 1903. *'* 

An investigation into what has come to be known as "The Gamey Affair" by 
a royal commission of two judges was called immediately by Premier 
Ross.^^ Not surprisingly, the House spent many hours debating the 
particulars of the debacle and attempting to clarify this complex political 
problem. The people involved, their relationship to the government, and 
even the nature of the investigative commission itself came under the close 
scrutiny of the members. By the end of the parliament's first session, as the 
incident seemed to be drawing to its end. Speaker Charlton ruled in favour 
of a motion that the House recommend to the Lieutenant Governor a reward 
of $10,000 "for information leading to the discovery of the source from 
which R. R. Gamey . . . received $1,500." To further entice possible 
informants, immunity from prosecution was also offered.'^ 
f 

To lessen the damage caused by the Gamey Affair, Premier Ross shuffled his 
Cabinet just before the general election of 1905. Charlton was removed 
from the Chair and given the portfolio of Commissioner of Public Works on 
22 November 1904.^^ Despite this manoeuvring, the Gamey Affair 
indelibly marked the fortunes of the Liberal Party, including that of the 
former member for Norfolk South. Charlton was not returned to the House 
in 1905.^* He did not return to the political arena until 1911 when he was 
elected to the House of Commons in Ottawa as the Member for Norfolk. In 
1921, the lumber baron and former Speaker of the Legislative Assembly of 



191 



William Andrew Charlton 



Ontario was made a Privy Councillor. After this appointment Charlton 
withdrew from political life to devote his time to philanthropic pursuits. He 
died on 9 November 1930. 



Notes 



^Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 41. 

^weedsmuir. History of Delhi, 1812-1970, p. 188; and Finlay, Speakers of 
the Legislative Assembly, p. 41. 

^The Directory of Canadian Parliament, 1867-1967, ed. J. K. Johnson 
(Ottawa: Public Archives of Canada, 1968), p. 1 13; and Delaware Womens' 
Institute, History of Delhi, 1812-1970 (Simcoe, Ont.: The Womens' 
Institution, 1970), p. 13. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario: 
Candidates and Results with Statistics from the Records, 1867-1982, comp. 
by the Office of the Chief Election Officer (Toronto: Office of the Chief 
Election Officer, 1985), p. 82; said Legislators and Legislatures of Ontario, 
vol. 2: 1867-1929 (Toronto: Legislative Library, Research and Information 
Services, 1985), p. 71. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 82. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 24, 1st Session, 7th Parliament 
(Toronto: Legislative Assembly, 1891), p. 5; and Forman, Legislators and 
Legislatures of Ontario, vol. 2: 1867-1929, p. 80. 

^Finlay, Speakers of the Legislative Assembly, p. 41. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, 10th Parliament, 1st Session (Toronto: 
L. K. Cameron, 1093), p. 6. 



192 



William Andrew Charlton 

'See: Ibid., pp. 79, 131, 138, 142, 151, 162, 164, 180, 182, 189, 201, 224, 
228, 234, 237; and idem, Journals of the Legislative Assembly of the 
Province of Ontario, 10th Parliament, 2nd Session (Toronto: L. K. 
Cameron, 1904), pp. 133, 253, 260, 262, 263, 267, 271-273, 279, 280, 282- 
283, 284-290, 291-294. 

*°Idem, Journals of the Legislative Assembly of the Province of Ontario^ 10th 
Parliament, 2nd Session, p. 174. 

"Ibid. 

'^Charles W. Humphries, "The Gamey Affair," Ontario History, 59 (1967): 
101-102; and Finlay, Speakers of the Legislative Assembly, pp. 41-42. 

"Humphries, "The Gamey Affair," pp. 102-103. 

^'*Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, 1st Parliament, 1st Session, pp. 53-54; 
and idem. Report of the Royal Commission "re" Gamey Charges (Toronto: 
L. K. Cameron, 1903), pp. 77-80, 124-131, 176-181, as quoted in 
Humphries, "The Gamey Affair," p. 104. 

"Humphries notes that Ross "dismissed the idea of using the legislative 
committee on privileges and elections, or a special committee of the assembly 
[to investigate the matter], on the grounds that a report from either would be 
labelled a partisan document because each would have contained a majority 
of government supporters." 

See: "The Gamey Affair," p. 105. See also: Province of Ontario, 
Legislative Assembly, Journals of the Legislative Assembly of the Province 
of Ontario, 10th Parliament, 1st Session, pp. 53-58. 

^^See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, 10th Parliament, 1st Session, pp. 53- 
54, 57, 58, 60, 61, 62, 63-67, 69, 70, 74-76, 77-79, 274, 330-333. 

"Forman, Legislators and Legislatures, vol. 1: 1792-1866, p. xxxi; and 
Charles W. Humphries, "Honest Enough to be Bold": The Life and Times of 
Sir James Pliny Whitney, Ontario Historical Studies Series (Toronto and 
Buffalo: University of Toronto Press, 1985), p. 91. 



193 



William Andrew Charlton 

^^Humphries, "Honest Enough to be Bold, " p. 94; and Province of Ontario, 
Elections Ontario, Electoral History of Ontario , p. 82. 



194 



Joseph Wesley St. John 




Joseph Wesley St. John 
1905-1907 

Portrait by J. W.L. Forster 



Joseph Wesley St. John 

JOSEPH WESLEY ST. JOHN i 

Joseph Wesley St. John was born near Sunderland, Ontario on 17 July 1854. > 
He was educated in the local schools of Brock Township and completed his 
studies at Victoria University, one of the founding colleges at the University 
of Toronto. During his undergraduate years St. John pursued both academic 
and athletic enterprises. While tales of his athletic prowess often enlivened 
the pages of the student newspaper, Acta Victoriana, his academic excellence 
was also evident. In 1881, he graduated with a baccalaureate and the Wilson 
Memorial Prize in Astronomy.* 

Like many men of his day, St. John chose to study law and in 1881 articled 
with the firm of Blake, Lash and Cassels. In 1884 he entered into practice 
as a solicitor with Cameron, Caswell and St. John in Toronto. On 21 
September 1894, he applied to the Convocation of Osgoode Hall, the 
governing body of the legal profession in Ontario, to be called to the Bar as 
a barrister. His petition was granted even though he failed to give 
convocation proper notice of his intention to be called.^ 

St. John first entered into provincial politics in 1894 when he successftilly 
ran in that year's general election. When the polling had been completed on \ 
26 June 1894, St. John had captured the riding of York West with a mere 
50.6% of the votes cast in the riding.^ While small, St. John's margin of 
victory reflected the political reality of Ontario in the early twentieth century.^ 
At this time, the political tide did not generally favour Conservatives and 
ideological commitment to the Conservative party [frequently] exiled the 
faithftil to a life on the opposition benches."* 



'aid 
the! 



Despite his involvement in the daily activities of the House, St. John was not 
re-elected in 1889. In 1902, however, his fortunes changed and he was once 
more returned to the Assembly as the member for York West.^ The opening 
of the 10th parliament on 10 March 1903 brought to light the political 
scandal that has come to be known as "The Gamey Affair." A complicated 
mix of misplaced political allegiance, bribery and influence peddling, the^ 
case centred on charges made in the Assembly on 11 March 1903 by Robei 
Gamey, the member for Manitoulin against James R. Stratton then Provinci* 
Secretary.^ The ensuing debate dominated most of the session and St. Johi 
became the vocal critic of the Liberal government and its handling of the] 
situation. 



195 



Joseph Wesley St. John 



St. John's opposition role in the Gamey Affair strengthened his standing with 
the voters, and he was returned to the House in 1905. When the Assembly 
convened in Toronto he received more tangible recognition for his 
distinguished service. On 22 March 1905, Joseph Wesley St. John was 
nominated for the office of Speaker by Premier Whitney who described him 
as "a man greatly beloved and respected, who would worthily maintain the 
privileges of the members of the House. "^ He was unanimously accorded 
the honour by his fellow members and thus became the first Conservative to 
hold the office of Speaker since Confederation.* 

In the course of St. John's term in the Chair, the House focused its attention 
on matters which reflected the changing social nature of the province. For 
example, the introduction of the automobile into everyday life at the 
beginning of the twentieth century necessitated a reconsideration of the 
province's transportation laws. To this end, legislation was introduced early 
in the initial session "to regulate the speed and operation of motor vehicles." 
This initial regulatory act was debated without incident and passed by the 
members.' In addition, the House considered many petitions such as official 
designation of a day's holiday during the week for wage-earners *° and the 
placing of individuals in provincial public service on a non-partisan basis." 

Although the question of provincial franchise for women would not be 
resolved until 1915,^^ the issue was raised in the House during St. John's 
Speakership. On several occasions during the parliament's first session, 
petitions requesting that married women who were property owners be 
allowed to vote in provincial elections were brought before the House.^^ 
Despite the large number of petitions, the House did not turn its attention to 
this issue until the second session. On 28 February 1906, legislation which 
would have provided for the extension of the vote to both married and 
unmarried women who owned property was brought before the House. The 
scene which followed was to be repeated in future sessions of the Assembly: 
on second reading the bill was overwhelmingly voted down and consequently 
withdrawn.** 

Late in the parliament's third session, it became apparent that Speaker St. 
John was in poor health. On two occasions in April, he was unable to attend 
meetings of the House and, as a result, Thomas Crawford was elected as 
interim Speaker.^' It is unlikely, however, that the members were fully 
aware of the severity of St. John's illness. 



196 



Joseph Wesley St. John 



On 7 April 1907, Joseph Wesley St. John died. He was the only Speaker to 
die while still in office. His passing was announced in the House on 8 April, 
and the members praised St. John in their eulogies for his competence and 
fairness, saying that it was only after he took the Chair that the Legislature 
truly understood St. John's "big heart and . . . kindly nature."'^ 



Notes 



^Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 55. 

^See: Minutes of Convocation, Law Society of Canada, vol. 11, p. 428, Law 
Society of Upper Canada Archives. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario: 
Candidates and Results with Statistics from the Records, 1867-1982, comp. 
Office of the Chief Election Officer (Toronto: Office of the Chief Election 
Officer, 1985), p. 483; djidi Legislators and Legislatures, vol. 2: 1867-1929, 
comp. Debra Forman (Toronto: Legislative Library, Research and 
Information Services, 1985), p. 93. 

'^Finlay, Speakers of the Legislative Assembly, p. 55. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 483; and Forman, Legislators and Legislatures, vol. 2: 1867-1929, p. 
112. 

''For a detailed discussion of the incident, see: Charles W. Humphries, "The 
Gamey Affair," Ontario History 59 (1967): 101-109; and Province of 
Ontario, Legislative Assembly, Journals of the Legislative Assembly of the 
Province of Ontario (Toronto: L. K. Cameron, 1903), pp. 53-54, 57, 58, 
60, 61, 62, 63-67, 69, 70, 74-76, 77-79, 274, 330-333. 

'^Toronto Globe, 22 March 1905. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 39, 1st Session, 11th Parliament 
(Toronto: L. K. Cameron, 1905), pp. 4-5. 



197 



Joseph Wesley St. John 



Ibid., pp. 23, 40, 91, 104, 109, 123, 140, 202, 212, 230. 

**^dem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 40, 2nd Session, 11th Parliament (Toronto: L. K. Cameron, 1906), 
p. 188. 

"Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 41, 3rd Session, 11th Parliament (Toronto: L. K. Cameron, 1907), 
pp. 210, 255, 268. 

^^or a more detailed discussion of the question of women and the vote in 
Ontario, see: Catherine L. Cleverdon, The Start of Liberation: The Woman 
Sufferage Movement in Canada (Toronto: University of Toronto Press, 
1950; reprint, 1974), pp. 19-45. 

^^See: Province of Ontario, Journals of the Legislative Assembly of the 
Province of Ontario, vol. 39, 1st Session, 11th Parliament, pp. 55, 73, 78, 
90, 109, 116, 121, 135, 157. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 40, 2nd Session, 11th Parliament, pp. 58, 202, 252-253; and idem. 
Journals of the Legislative Assembly of the Province of Ontario, vol. 41, 3rd 
Session, Uth Parliament, pp. 166, 298. 

''Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 41, 3rd Session, 11th Parliament, pp. 239, 244, 249. 



16i 



See: Ibid., pp. 271-272; and Toronto Globe, 8 April 1907. 



198 



Thomas Crawford 




Thomas Crawford 
1907-1911 

Portrait by J. W.L. Forster 



Thomas Crawford 



THOMAS CRAWFORD 

Thomas Crawford was born in County Fermanagh, Ireland, in 1847.^ 
Eighteen years later, he emigrated with his family to Canada and settled in 
the burgeoning city of Toronto. Shortly after his arrival, he found 
employment in the workshops of the Northern Railway Company. His foray 
into this profession did not last long, however, and, in 1868, he began a 
business partnership with his father, a cattle merchant. Crawford and his 
father were among the first merchants to recognize the importance and 
potential of the western cattle market and to do business here. Over the 
years, the ftiture Speaker became a recognized leader in the trade and 
ultimately formed his own company. T. Crawford and Company, as it was 
^called, was a major exporter of cattle to the United States and Britain.^ 

Like many of his contemporaries, Crawford combined a successftil career as 
an entrepreneur with an interest in civic affairs. From 1892 until 1894, he 
sat as an Alderman for Ward 5 on Toronto's City Council.^ His reputation 
for fairness and compassion earned him the nick-name "honest Tom" during 
his days on City Council and he was frequently touted as a possible candidate 
for the mayoralty. This seemingly inevitable progression from Alderman to 
Mayor did not occur, however, and Crawford turned his attention to attaining 
a seat in the provincial Assembly.'* 

In the provincial general election of 1894, Crawford ran as the Conservative 
candidate for the constituency of Toronto West. "Honest Tom" easily won 
the riding, gaining more than 60 per cent of the votes cast.' When the 
province's 8th Parliament convened on 21 February 1895, Crawford was 
sworn in as the member for Toronto West and began a legislative career that 
would span three decades. 

The concern and participation by which he had made his name in civic 
politics also manifested itself in Crawford's ft-eshman term in the Assembly. 
Indeed, the Journals for this period show that he accomplished more in these 
initial sessions than some members do in their entire careers. He served, for 
example, on the Assembly's Standing Committees on Municipal Law, Private 
Bills, and Public Accounts.^ On several occasions he aided his former 
colleagues by presenting petitions to the House on behalf of Toronto's City 
Council and the Hospital for Sick Children.^ Moreover, although he had a 
reputation for fairness and compassion, Crawford did not display either of 
these virtues when he came to prominence in the House during the debate 
over the Manitoba schools issue. In a test of provincial rights, Manitoba had 



199 



Thomas Crawford 



demolished its dual school system, effectively dismantling the province's 
separate schools. In response to this action, the federal government proposed 
to reinstate the separate schools through what became known as the 
"Remedial Bill." The question of support for the federal government's 
proposal split the Conservative party at both the federal and provincial levels. 

During the 1896 session, the Legislative Assembly of Ontario addressed the 
Manitoba schools question. As an Orangeman, Crawford did not support a 
policy of separate schools and opposed the federal government's plan. On 
4 March 1896 he rose and moved that the Assembly adopt a motion opposing 
the Remedial Bill.* While asserting that he did not want to offend anyone's 
religious feelings, he stated that to support the bill would be tantamount to 
favouring federal over provincial rights.' Ultimately, Crawford's motion 
was defeated and a somewhat cautious resolution was passed which, while 
recognizing education as a provincial matter, suggested that Manitoba, not 
the federal government, should rectify the situation. '" Crawford, however, 
was not unique among members of the political establishment of the period. 
Although he was perhaps the most vocal of the separate school opponents, 
he did, in fact, voice the sentiments of some members of the Legislature, and 
of a percentage of the population at large. 

Crawford was returned to the Assembly in 1898, 1902 and 1905. In this 
final instance, he received more than 70 per cent of the votes cast in the 
riding of Toronto West ~ the largest majority of any candidate in the 
province." Due to this showing, the long-serving member was mentioned 
frequently as a potential ministerial candidate for the new Conservative 
cabinet. However, Crawford was not destined to become a part of the 
province's executive. During the third session of the 1 1th parliament his 
career took an unexpected turn. On 8 April 1907, the death of Speaker John 
Wesley St. John was announced to the members. In the election that 
followed, Crawford became the twelfth individual to preside over the 
Chamber.'^ 

Crawford was returned to the Assembly in 191 1, this time for the new riding 
of Toronto West - A. He was once again elected to the Chair. ^^ A myriad 
of subjects merited the attention of the House during his tenure as Speaker. 
For example, legislation to enfranchise women''* and legislation "to provide 
for compensation for injuries to employees" were given due but somewhat 
cursory consideration,'^ Both of the proposed bills met with opposition and 
did not pass second reading.'^ The legislation which did receive royal 
assent reflected the government's concern with such issues as electoral 



200 



Thomas Crawford 



fraud,*^ the regulation of private investigators,** and the provision of 
wages for people involved in the construction of public works.*' 

Crawford was re-elected in the four subsequent provincial general 
elections.^ He returned to the Conservative backbenches and vigorously 
renewed his career as a private member. In the course of his remaining 
years in the House, Crawford served both the interests of his constituents as 
well as those of the Assembly itself as a member of the committees on 
Standing Orders, Private Bills, and Railways.^* Moreover, during the last 
session of the 15th parliament, Crawford served as Speaker pro tempore 
when illness kept Speaker Nelson Parliament from attending the House.^ 

On 16 July 1923, Crawford was made a Minister without Portfolio in George 
Howard Ferguson's cabinet. He held this appointment until 15 May 1924 
when he resigned his seat in the Assembly to accept the position of Registrar 
of Deeds for the City of Toronto.^ Thomas Crawford died on 9 February 
1932 at the age of 84. 



Notes 



'Although several primary and secondary sources were consulted, none gave 
a specific date of birth for Crawford. 

Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 58. 

%id.; and "Thomas Crawford," Biographical Files, City of Toronto 
Archives, City Hall. 

^Finlay, Speakers of the Legislative Assembly, p. 58. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 105; and Legislators and Legislatures of Ontario, vol. 2: 1867- 
1929, comp. Debra Forman (Toronto: Legislative Library, Research and 
Information Services, 1985), p. 91. 



201 



Thomas Crawford 

'Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 28, 1st Session, 8th Parliament 
(Toronto: Legislative Assembly, 1895), pp. 23-24. 

^Ibid., p. 25; and idem. Journals of the Legislative Assembly of the Province 
of Ontario, vol. 29, 2nd Session, 8th Legislature (Toronto: Legislative 
Assembly, 1896), pp. 24-25. 

*Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 29, 2nd Session, 8th Parliament, p. 54. 

^See: Charles W. Humphries, "Honest Enough to Be Bold": The Life and 
Times of Sir James Pliny Whitney, Ontario Historical Studies Series (Toronto: 
University of Toronto Press, 1985), pp. 34-35, 47-48; Peter Oliver, G. 
Howard Ferguson: Ontario Tory, Ontario Historical Studies Series (Toronto: 
University of Toronto Press, 1977), pp. 49, 102; and Cecil Houston and 
William J. Smyth, The Sash Canada Wore: A Historical Geography of the 
Orange Order in Canada (Toronto: University of Toronto Press, 1980), 
pp. 157-159. 

'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 29, 2nd Session, 8th Parliament, 
p. 57. 

"Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 105; and Finlay, Speakers of the Legislative Assembly, p. 58. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 41, 3rd Session, Uth Parliament 
(Toronto: L. K. Cameron, 1907), pp. 271-272. 

'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 43, 1st Session, 12th Parliament (Toronto: L. K. Cameron, 1909), 
p. 5; and Forman, Legislators and Legislatures of Ontario, vol. 2: 1867- 
1929, p. 141. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, 1st 
Session, 12th Parliament (Toronto: L. K. Cameron, 1909), pp. 180, 318; 
and idem. Journals of the Legislative Assembly of the Province of Ontario, 
vol. 45, 3rd Session, 12th Parliament (Toronto: L. K. Cameron, 1911), 
pp. 97, 250. 



202 



Thomas Crawford 



^^Idern, Journals of the Legislative Assembly of the Province of Ontario, 1st 
Session, 12th Parliament, pp. 174, 318. 

^'The question of votes for women and the establishment of a Workmens' 
Compensation Board would be finally decided four years later. 

"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, 1st Session, 12th Parliament, pp. 17, 
22, 42, 166, 291, 327. 

"Ibid., pp. 249, 260, 268, 271, 327. 

'^dem. Journals of the Legislative Assembly of the Province of Ontario, 2nd 
Session, 12th Parliament, pp. 46, 54, 68, 165, 170. 

Province of Ontario, Elections Ontario, Electoral History of Ontario, 
pp. 105-106; and Forman, Legislators and Legislatures of Ontario, vol. 2: 
1867-1929, pp. 154, 176, 191, 201. 

^*See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 58, 1st Session, 16th Parliament 
(Toronto: Clarkson W. James, 1924), p. 43; and Finlay, Speakers of the 
Legislative Assembly, p. 60. 

Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 57, 4th Session, 15th Parliament 
(Toronto: Clarkson W. James, 1923), pp. 48-49. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 106; Oliver, G. Howard Ferguson: Ontario Tory, p. 147; Forman, 
Legislators and Legislatures of Ontario, vol. 1: 1792-1866, p. xxxv. 



203 



William Henry Hoyle 




William Henry Hoyle 
1912-1914 

Portrait by J.W.L. Forster 



William Henry Hoyle 



WILLIAM HENRY HOYLE 

William Henry Hoyle was born in the port town of Barnstaple, Devonshire, 
England on 28 August 1842. He attended a local school - St. Peter's and 
St. Paul's Institute ~ and, upon graduation, emigrated to Canada. The ftiture 
Speaker settled in the village of Cannington and soon involved himself in the 
community. He established a successftil business as a cabinet maker, 
upholsterer and manufacturer of undertakers' furnishings. Hoyle continued 
in these careers for over 35 years. 

Hoyle was interested in both the economic and political life of Cannington. 
His first political experience was as school trustee and secretary treasurer of 
the Cannington School Board. In 1895, he was elected reeve of Cannington; 
Hoyle held this office for two terms. ^ The Cannington businessman also 
took an interest in the spiritual and intellectual aspects of his community. 
For example, in 1871 he helped to found the All Saint's Anglican Church 
and devoted a great deal of his time to its Sunday school. Furthermore, 
Hoyle was an active member of one of the region's fraternal associations. 
The future Speaker of the House could lay claim to being a charter member 
of the Peaceftil Dove Lodge of the International Order of Oddfellows. The 
Oddfellows were a fraternal order dedicated to philanthropic work. In 1894, 
the year of the organization's 75th anniversary, Hoyle was elected Grand 
Master.^ 

Hoyle's interest in the greater political community ultimately manifested itself 
in his decision to run as the Conservative candidate for the riding of Ontario 
North in the 1898 provincial general election. He defeated Liberal 
incumbent Thomas Chappie and on 3 August 1898 was sworn in as the 
member for Ontario North. ^ Hoyle held this seat until his death in 1918. 

The Legislative yowr«a/5 for the province's 10th parliament show that while 
Hoyle did not make his views frequently known on the floor of the House, 
he was involved in several of the Assembly's committees. Upon his return 
to the House in 1902 and 1905, he not only served on several of the 
Assembly's Standing Committees ~ including those concerned with Private 
Bills and the Standing Orders of the House - but also actively participated 
in the debate on the Gamey Affair.'* In addition, the member for Ontario 
North voted against the 1902 referendum on the prohibition of alcohol on the 
grounds that it "violated every principle of the British constitution."' 



204 



William Henry Hayle 



Hoyle had no difficulty in being re-elected in 1908 and 1911; in both 
instances, he was once more returned to the Legislature by a comfortable 
majority.** Whitney's Conservatives emerged from the latter provincial 
election with an overwhelming mandate: when the Assembly convened in 
Toronto on 7 February 1912, the Conservatives held a nearly four-to-one 
majority over the Liberals.^ On the same day, Hoyle, whom Premier 
Whitney called "a man who had written his name in large letters on the 
statute books of the province," was elected to the Speakership.* 

The Assembly considered several pieces of legislation during Hoyle's term 
in the Chair. The issue most frequently debated was that of the boundary 
between Manitoba and Ontario. By the end of the first session, the 
Assembly had passed to a bill which expressed "the consent of the 
Legislative Assembly of Ontario to an extension of the Limits of the 
Province. "' Other matters also gained the attention of the House during this 
time. Legislation which sought to prohibit political contributions from 
corporations was introduced for debate but did not meet with the approval of 
the members. A bill requiring the publication of contributions for political 
purposes met with a similar fate. ^° It was also during Hoyle's term in the 
Chair that legislation was passed which provided for the establishment of the 
Royal Ontario Museum" and the creation of the Workmens' Compensation 
Board.'^ 

Perhaps the most significant event of Hoyle's Speakership was initiated by 
the Premier himself. The sessions over which Hoyle presided were all 
marked by the need for constant arbitration of the frequent and biting 
exchanges between Premier Whitney and the leader of the Liberal opposition. 
Although Whitney was well aware that it was the duty of the Speaker to act 
as "referee" when necessary, it became evident that Premier Whitney grew 
weary of Hoyle's interventions. On one occasion, after a particularly 
difficult episode, Whitney openly chastised the Speaker by suggesting that he 
would better maintain the high dignity of the Chair if he paid less attention 
to the opposition's questions.'^ 

Hoyle was returned to the Assembly in 1914 but was not re-elected to the 
Speakership. It was to be his last term in office. William Henry Hoyle died 
on 27 October 1918. 



20S 



I 



William Henry Hoyle 

Notes 



^Kathleen Finlay, The Speakers of the Legislative Assembly of Ontario, 1867- 
1984 (Toronto: Legislative Library, Research and Information Services, 
1985), p. 61. 

%id.; and J. Powley, History of Odd Fellowship (Toronto: Grand Lodge of 
Ontario, International Order of Oddfellows, 1943), pp. 86-87, 97; and 75th 
Anniversary Souvenir Programme, International Order of Oddfellows Papers, 
Archives of Ontario. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 233; and Legislators and Legislatures of Ontario, vol. 2: 1867- 
1929, comp. Debra Forman (Toronto: Legislative Library,. Research and 
Information Services, 1985), p. 101. 

*See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 37, 1st Session, 10th Parliament 
(Toronto: L. K. Cameron, 1903), pp. 53-54, 57, 58, 60, 61, 62, 63-67, 69, 
70, 74-76, 77-79, 274, 330-333; and idem. Journals of the Legislative 
Assembly of the Province of Ontario, vol. 39, 1st Session, 11th Parliament 
(Toronto: L. K. Cameron, 1095), pp. 27, 28, 29, 31, 43, 49, 55. 

^Toronto Globe, 25 November 1904. 

**Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 233. 

^Finlay, Speakers of the Legislative Assembly of Ontario, p. 62. 

"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 46, 1st Session, 13th Parliament 
(Toronto: L. K. Cameron, 1912), p. 4; and Forman, Legislators and 
Legislatures of Ontario, vol. 2: 1867-1929, p. 154. 

'Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 46, 1st Session, 13th Parliament, 



206 



William Henry Hoyle 



pp. 21, 68, 95-98, 116-117, 121, 122, 123, 237, 277, 295, 311-314, 315, 
365. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, 2nd Session, 13th Legislature (Toronto: 
L. K. Cameron, 1913), pp. 175, 295; and idem. Journals of the Legislative 
Assembly of the Province of Ontario, vol. 48, 3rd Session, 13th Parliament 
(Toronto: L. K. Cameron, 1914), pp. 55, 156. 

"Idem, Journals of the Legislative Assembly of the Province of Ontario, 1st 
Session, 13th Parliament, pp. 78, 140-142, 170, 186, 214, 365. 

'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 48, 3rd Session, 13th Parliament, pp. 84, 123-124, 127, 134, 157, 266, 
283, 326, 366-367, 413. See also: idem. Journals of the Legislative 
Assembly of the Province of Ontario, vol. 47, 2nd Session, 13th Parliament, 
pp. 11, 63, 82, 77, 199, 378-385, 406. 

'^Finlay, Speakers of the Legislative Assembly, pp. 62-63. 



207 



David Jamieson 




David Jamieson 
1915-1919 

Portrait by E. Wyfy Grier 



David Jamieson 



DAVID JAMIESON 

The men who have held the Speaker's Chair come from many backgrounds 
including law, journalism, and business. It was not until the election of 
Jacob Baxter in 1887, however, that a member of the medical profession was 
given the honour of presiding over the Chamber. It was to be almost 30 
years before another doctor would be elected to the Speakership. 

The second physician to hold the office of Speaker of the Legislative 
assembly was born 3 February 1856 in Wellington County, Canada West. 
The son of recent Scottish immigrants, David Jamieson was raised in 
Puslinch Township and received his early education at the township's local 
schools. He studied medicine at the University of Toronto, graduating in 
1878.^ In this same year, Jamieson moved to Durham, Ontario where he 
established a medical practice he would operate until the 1920s.^ 

Like many men of his generation, Jamieson combined an interest in business 
with his daily profession. In fact, he was instrumental in bringing industrial 
prosperity to the town of Durham. The "brain child" of Jamieson and other 
local businessmen was the Durham Furniture Company, founded in 1899 
with the help of a $10,000 civic loan. Jamieson served as president of this 
enterprise for many years. Due to close business ties with the T. Eaton 
Company, the Durham Furniture company prospered and, by 1905, 
employed 25 persons.^ 

To his list of professional interests Jamieson added that of politician in 1883. 
On 15 January 1883, he was elected to the Town Council as an alderman and 
was directly involved in the creation of a board of health for the region.* 
The following year, Jamieson was elected Reeve of Durham; he was again 
elected to this office in 1885.^ When Jamieson left civic politics in 1887 he \ 
did not immediately pursue a seat in the provincial Legislature but sought i 
election to the House of Commons in Ottawa. In 1887 he campaigned as the 
Conservative candidate for the federal riding of Grey South but lost by a 
small majority.^ 

After this defeat, Jamieson turned his attention to a seat in the provincial 
Assembly. In the provincial general election of 1898, he was elected the 
member for Grey South by a slim margin.^ Over the course of the 
following four elections in 1902, 1905, 1908 and 1911, Jamieson was 
returned to the House with small, though increasing, margins of support.* 
While perhaps not as vocal or flamboyant as his colleagues on the floor of 



208 



David Jamieson 



the Assembly, the doctor from Durham took an active part in the business 
of the House. During the period prior to his election to the Chair, he served 
on many of the Assembly's Standing Committees, including those concerned 
with Private Bills, Privileges and Elections, and Railways.' 

This silent but dependable backbencher was returned as the member for Grey 
South in the provincial general election of 1914 with a plurality of over 60 
per cent.^° When the Assembly opened in Toronto on 16 February 1915, 
Premier William Howard Hearst followed a long-standing tradition of the 
British House of Commons and chose the Chamber's new presiding officer 
from among the solid backbone of his membership. On this date, Dr. David 
Jamieson was elected to preside as Speaker over the province's 14th 
parliament." 

In the period immediately following World War I, the Legislative Assembly 
focused on routine issues. A war tax imposed in 1915 was withdrawn in 
1919^^ and this issue was brought before the House. Nonetheless, the 
overwhelming majority of petitions, questions, and bills dealt with more 
immediate concerns. For instance, the question of extending the franchise 
to women was raised several times during Jamieson's Speakership. While 
many petitions in favour of this action were submitted to the members for 
consideration, legislation to provide the vote for women was twice struck 
down at second reading before being passed during the Assembly's third 
session.*^ 

The House addressed and debated a diverse range of bills dealing with social 
matters. The enactment of legislation making school attendance compulsory 
for adolescents was a noteworthy example of this expression of social 
concern.^** Most important, however, was the introduction and passage of 
the Ontario Temperance Act}^ Public attention was strongly preoccupied 
by this piece of legislation. Temperance was a big issue in Ontario at that 
time. 

In 1919, Jamieson along with many of his colleagues in the House fell victim 
to the growing political unrest in the province. He was defeated in the 
provincial general election by a candidate representing the United Farmers 
of Ontario. His fortunes changed in 1923, however, and he was once again 
sent to the Assembly as the member for Grey South.'* Although he was not 
returned to the Chair, Jamieson did serve as chairman of the Assembly's 
Agricultural Committee which, in 1924, was charged with investigating "all 
matters concerning the social, educational and economic conditions 



209 



David Jamieson 



surrounding the agricultural, live stock and dairying industries of the 
Province. "^^ When Premier George Howard Ferguson shuffled his cabinet 
on 19 October 1926, the member for Grey South was made a minister 
without portfolio. This honour was to be shortlived. A provincial election 
in December of the same year swept the new minister out of the Assembly 
and the Cabinet.'* 

Even out of the House, Jamieson remained active in provincial politics. 
Shortly after his defeat in 1926, he was named chairman of the Mother's 
Allowance Commission and caused a minor political uproar. When Mrs. A. 
Shortt, vice-chairman of the Mothers' Allowance Commission resigned her 
appointment in September 1927 charging that employment in the Conmiission 
was reliant on patronage rather than the recommendation of the Civil Service 
Conmiission, Jamieson openly admitted that 

he was a strong Tory and . . . that 
appointments [to the Mother's Allowance 
Commission] would continue to be given to 
Conservatives if they were as capable of 
handling them as persons who were not 
members of the party.'' 

Jamieson was named chairman of the commission that administered the Old 
Age Pensions Act after its passage in 1929. It must be noted that patronage 
appointments were quite common and accepted. The Durham doctor acted 
as Chairman for both Commissions until his retirement in 1935. 

The final years of the former member for Grey South were spent in Durham 
in pursuit of his medical and business interests. David Jamieson died on 17 
September 1942.^ 

Notes 



'Kathleen Finlay , Speakers of the Legislative Assembly of Ontario, 1867-1984 | 
(Toronto: Legislative Library, Research and Information Services, 1985), | 
p. 64; and "Dr. David Jamieson," Biographical Scrapbooks, vol. 10, p. 781, j 
Metropolitan Toronto Reference Library (MTRL). j 



210 



David Jamieson 

'^Durham Centennial Historical Review (Durham, Ont.: Corporation of the 
Town of Durham, 1979), p. 113; and Finlay, Speakers of the Legislative 
Assembly, p. 64. 

^Due to its location on the Rocky Saugeen River, the Durham Furniture 
Company was also the first business establishment in the province to generate 
its own electrical power. Finlay, Speakers of the Legislative Assembly, p. 
64. See also: "Dr. David Jamieson," Biographical File, vol. 10, p. 781, 
MTRL; and Durham Centennial Historical Review, p. 16. 

^Durham Centennial Historical Review, p. 38. 

^Ibid., p. 36; and Finlay, Speakers of the Legislative Assembly, p. 64. 

^E. L. Marsh, A History of the County of Grey (Owen Sound, Ont.: 
Flemming Publishing Co., 1913), p. 341; and Durham Centennial Historical 
Review, p. 34. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 241. 

%id. 

'See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 34, 3rd Session, 9th Parliament 
(Toronto: L. K. Cameron, 1900), pp. 33-34; idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 39, 1st Session, 11th 
Parliament (Toronto: L. K. Cameron, 1905), pp. 27-28; and idem, Journals 
of the Legislative Assembly of the Province of Ontario, vol. 43, 1st Session, 
12th Parliament (Toronto: L. K. Cameron, 1909), pp. 39-40. 

^"Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 241. 

"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 49, 1st Session, 14th Parliament 
(Toronto: L. K. Cameron, 1915), p. 5. 



211 



David Jamieson 



'^See: Ibid., pp. 37, 125-128, 141, 245, 273; and idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 53, 5th Session, 14th 
Parliament (Toronto: A. T. Wilgress, 1919), pp. Ill, 112, 143, 190, 243. 

"Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 

49, 1st Session, 14th Parliament, pp. 26, 84, 94, 105, 111, 128, 192, 231; 
idem. Journals of the Legislative Assembly of the Province of Ontario, vol. 

50, 2nd Session, 14th Parliament (Toronto: A. T. Wilgress, 1916), pp. 7, 
26, 68, 95, 101, 108; and idem. Journals of the Legislative Assembly of the 
Province of Ontario, vol. 51, 3rd Session, 14th Parliament (Toronto: A. T. 
Wilgress, 1917), pp. 14, 51, 116, 242, 273. 

^*Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 50, 2nd Session, 14th Parliament, pp. 161, 216, 232, 239, 256. 

''Ibid., pp. 132, 147, 172, 213, 229, 227-228, 229, 256. 

'^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 242. 

'^See: Province of Ontario, Legislative Assembly, Report of the Agricultural 
Enquiry Committee, 1924, Dr. D. Jamieson Chairman (Toronto: Clarkson 
W.James, 1925), p. 1. 

^^Legislators and Legislatures of Ontario, vol. 1: 1792-1866, comp. Debra| 
Forman (Toronto: Legislative Library, 1985), p. xxxv; Peter Oliver, G. 
Howard Ferguson: Ontario Tory, Ontario Historical Studies Series (Toronto: 
University of Toronto Press, 1977), p. 274; and Finlay, Speakers of the 
Legislative Assembly, pp. 65-66. 

^'Oliver, G. Howard Ferguson: Ontario Tory, p. 360. See also: Clifford 
J. Williams, Decades of Service: A History of the Ontario Ministry of\ 
Community and Social Services: 1930-1980 (Toronto: The Ministry, 1984), 
pp. 5, 38. 

^Durham Centennial Historical Review, p. 113; and Finlay, Speakers ofthe\ 
Legislative Assembly, p. 66. 



212 



Nelson Parliament 




Nelson Parliament 
1920-1923 

Portrait by Curtis Williamson 



Nelson Parliament 



NELSON PARLIAMENT 



Of all the men who have held the office of Speaker of the Legislative 
Assembly, only one had what could be referred to as the nominal 
qualification for the position. Nelson Parliament was born in Ameliasburgh, 
Ontario on 1 1 March 1877. He was educated at Albeit College in Belleville 
and later took up farming in Prince Edward County. Save for membership 
in the local chapter of the Masonic Lodge, Parliament seems to have been 
unique among his fellow future parliamentarians in that he did not participate 
in either local politics or business associations prior to his election to the 
House.' 

Although there is little evidence to explain why this quiet farmer abandoned 
his rural life, in the 1914 provincial general election Nelson Parliament 
campaigned as the Liberal candidate for the riding of Prince Edward. With 
a plurality of less than 50 per cent, he defeated his Conservative opponent 
and, on 29 June 1914, was elected to the Assembly for the first of three 
terms. ^ The Journals for this period show that, while the member for 
Prince Edward may not have been as verbose as his colleagues, when 
Parliament did stand to speak it was in defense of issues close to his farmer's 
heart — namely agricultural life and the preservation of rural values. In spite 
of what could be characterized as a weak showing in the House, Parliament 
was returned to the Assembly in the general election of 1919 by a 
substantially improved margin of support.^ 

The reason for Parliament's victory may be found in the popularity of the 
agrarian movement that had been growing in Ontario since 191 1 . By the end 
of the First World War, this movement had gained enough support to 
seriously challenge the established political parties in the province. A direct 
result of this political drive was the creation of the United Farmers of 
Ontario which, it has been suggested, was formed as "a revolt against the 
policies of the old-line parties, both provincial and federal.'"* At the core 
of the UFO, as it was commonly called, were the loosely organized! 
"Farmers' Clubs" that had been created by the Ontario Department of) 
Agriculture to act as educational stimuli and to encourage farmers to seekj 
information regarding issues as diverse as field production and citizenship.^' 

When the results of the provincial general election of 1919 were known, itj 
became obvious that the established political parties had been defeated by an[ 
entity that the government had created. Even though the UFO conceived of | 
its political role as a lobby and opposition group rather than as a coherent 



213 



Nelson Parliament 



party, they captured 40 per cent of the seats in the Assembly. This result 
made the UFO the largest single party in the Legislature. In order to form 
a government, the UFO allied itself with the few members that the 
Independent Labour Party had managed to return to the Assembly. Thus, on 
9 March 1920 a different government took power in Ontario. The new 
Premier, E. C. Drury and two other members of Cabinet had to scramble to 
find seats in the Assembly since they had been defeated in the election.*^ 

It was within this scenario that Nelson Parliament - a Liberal member — was 
elected to the Speakership when the 15th Legislature opened in Toronto on 
9 March 1920.^ Even though he was a member of what was now an 
opposition party. Parliament was, as Drury puts it, "stolen" from the 
Liberals since he, "was himself quite willing [to be Speaker], and he was 
acceptable to the UFO."* Drury further maintained that as Parliament had 
not been elected as a government supporter, his impartiality while in the 
Chair could be assured.^ With his election to the Speakership, the member 
for Prince Edward became the first non-government member to hold this 
office. Such an occurrence would not be repeated until 1977 when Jack 
Stokes, a New Democrat, would take the Chair. ^° 

As is frequently the case, the issues and legislation debated between 1919 and 
1923 strongly reflected the social and political concerns of the governing 
party. Consequently, Speaker Parliament presided over a Chamber which 
devoted a great deal of its attention to social and agricultural questions. For 
example, the welfare of women and children figured prominently in many of 
the bills brought before the members in the Assembly's first two sessions. 
In 1920 legislation to "provide payment of an allowance to Mothers of 
Dependent Children" received royal assent as did other legislation that 
established "a Minimum Wage Board to regulate the minimum wage for 
women and girls. "^^ Furthermore, a bill to provide for the appointment of 
probation officers was passed by the Legislature in the course of the 1922 
session. ^^ It was also during this sitting that the Select Committee on 
Ontario's Fruit and Apple Interests tabled its report. ^^ 

Perhaps the best example of Parliament's concern for the continued 
impartiality of the Chair, however, can be found during the 1923 session. 
Drury recounts that, in April of that year, a bill to provide for the 
transferable vote was brought before the House for first reading. Three 
earlier sessions of the House had seen raucous debate that had compelled 
Speaker Parliament to rule on the issue of unparliamentary language. In this 
legislation in a similar fashion. A filibuster was begun to delay consideration 



214 



Nelson Parliament 



of the bill. The opposition took literally the right of every member to speak 
in the debate on the reading; several members discussed the issue for hours 
while others, such as Charlie McCrea, read pages from voluminous works 
of literature.^* During this parliamentary procrastination, the onus was on 
Drury and his supporters to maintain a quorum of 20 members in the House 
at all times. As Drury notes: 

Members [of the governing party] naturally 
grew tired of listening to senseless twaddle 
and sneaked out to the lobby for a smoke, or 
down to the dining room . . . Several times 
during the debate the member who had the 
floor called on the Speaker to count the 
members present. He counted very slowly 
while the Whips hustled about rounding up 
the absent members. Somehow they always 
managed to get the required twenty in their 
places before he came to the end of his 
count. ^^ 

Thus, while Speaker Parliament could have ended the debate by acquiescing 
to his colleague's demands, his deliberate stalling allowed the debate to 
continue and enhanced his reputation for impartiality. 

Despite an admirable term in the Chair, Parliament was not returned to the 
Assembly in 1923. However, he turned his political expertise to a less 
visible activity; shortly after his defeat. Parliament became a backroom 
organizer for the Liberal party. Some years later, he moved to the state of 
Indiana to pursue a business partnership with his nephew. Nelson Parliament 
died in Indiana on 17 May 1967 at the age of 90.^*^ 



Notes 



^E. Mildred Parliament Wanamaker, "Parliament Family," Typewritten 
Manuscript, 1972, Belleville Public Library Collection; and Kathleen Finlay, 
Speakers of the Legislative Assembly of Ontario, 1867-1984 (Toronto:] 
Legislative Library, Research and Information Services, 1985), p. 67. 



215 



Nelson Parliament 

Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Legislative Assembly, 1985), p. 
393; and Legislators and Legislatures of Ontario, vol. 2: 1867-1929, comp. 
Debra Forman (Toronto: Legislative Library, Research and Information 
Services, 1985), p. 179. 

^In this election. Parliament's share of the popular vote in the riding of 
Prince Edward had grown 8 per cent to a total of 55.8. See: Province of 
Ontario, Elections Ontario, Electoral History of Ontario, p. 393. 

*J. D. Hoffman, "Farmer-Labour Government in Ontario, 1919-1923," 
Master's Thesis, Department of Political Economy, 1959, University of 
Toronto, pp. 1, 5, 8. 

'Ibid, pp. 10-13; and Melville Staples, The Challenge of Agriculture, 
(Toronto: Morang, 1921), pp. 42-43. 

^Hofftnan, "Farmer-Labour Government in Ontario, 1919-1923," pp. 13-44. 

Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 54, 1st Session, 15th Parliament 
(Toronto: A. T. Wilgress, 1920), pp. 5-6; and Forman, Legislators and 
Legislatures of Ontario, vol. 2: 1867-1929, p. 194. 

^Parliament was a suitable candidate for the Speakership for several reasons: 
his riding was predominantly rural, he was himself a farmer and he had been 
known to support agricultural causes in the House. See: E. C. Drury, 
Farmer Premier: Memoirs of the Honourable E. C. Drury (Toronto: 
McClelland and Stewart, 1966), p. 96; and Finlay, Speakers of the 
Legislative Assembly, p. 68. 



ft 



^bid. See also: Charles M. Johnston, E. C. Drury: Agrarian Idealist 
(Toronto: University of Toronto Press, 1985), p. 81. 



'**Graham White, The Ontario Legislature: A Political Analysis (Toronto: 
University of Toronto Press, 1989), p. 55. 

"See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 54, 1st Session, 15th Parliament 



216 



Nelson Parliament 

(Toronto: A. T. Wilgress, 1920), pp. 250, 292, 296, 316, 327, 328, 344, 
383. 

At least three additional pieces of legislation directly addressing child welfare 
were also passed during the House's second sitting. See: idem. Journals of 
the Legislative Assembly of the Province of Ontario, vol. 55, 2nd Session, 
15th Parliament, pp. 25, 88, 97, 98, 126, 165, 188, 189, 206, 205, 223, 
224, 236, 242, 353, 387. 

'^dem. Journals of the Legislative Assembly of the Province of Ontario, vol. 
56, 3rd Session, 15th Parliament (Toronto: Ciarkson W. James, 1922), 
pp. 30, 154-155, 223, 230, 267, 280. 

^^Ibid., Appendix I. 

^"Drury, Farmer Premier, pp. 152-153. 

^^Ibid., p. 153. 

^'^Finlay, Speakers of the Legislative Assembly, p. 69. 



217 



Joseph Elijah Thompson 




Joseph Elijah Thompson 
1924-1926 

Portrait by E. Wyly Grier 



Joseph Elijah Thompson 



JOSEPH ELIJAH THOMPSON 

Joseph Elijah Thompson was born on 19 July 1867. He grew up in the 
Cabbagetown neighbourhood of Toronto where he attended Dufferin School - 
- now Lord Dufferin Public School — and Jarvis Collegiate. At the age of 
17, Thompson left school and found employment as a junior clerk in a dry 
goods store.^ However, his retail career did not last long; in 1889, he was 
appointed a clerk in the Treasurer's Office of the City of Toronto.^ 

Thompson held his position as treasury clerk for almost 20 years before 
moving closer to a career in local politics. In 1907 he was appointed to the 
office of Commissioner of Industry and Publicity for the City of Toronto. 
Although some observers questioned his lack of experience, he soon 
established himself as a knowledgable individual who successfully enticed 
several new factories and businesses to establish themselves in Toronto.* 
Thompson's most notable achievement while Commissioner was his 
involvement in events which led to the acquisition of hydro-electric service 
for the entire city.' 

After retiring from the Commissioner's portfolio in 1908, Thompson left the 
civil administration to establish his own business as an insurance broker. His 
interests soon veered back to the civic arena and, in 1915, he was elected to 
the City's Board of Control for the first of two terms. ^ Thompson's tenure 
on the Board was interrupted when he, like many other men of his day, 
volunteered for active military service during World War I. He served as a 
captain with the Canadian Expeditionary Forces and participated in the Allied 
occupation of Germany. In 1919 Thompson was discharged and returned to 
Toronto to resume his careers in business and administration.^ 

It was in this same year that Thompson turned his attention from civic to 
provincial politics. He secured the Conservative nomination as the candidate 
for the riding of Toronto Northeast - Seat B and, although gaining only 40 
per cent of the popular vote, won the seat in the 1919 general election.' i 
One of the few Conservative candidates who did not fall victim to the Unitedj 
Farmers of Ontario, he was given the position of party whip when the 
Legislature opened on 9 March 1920. It was in this capacity that he chaired] 
the 1920 Conservative Leadership convention.' In the boisterous atmosphere \ 
of the convention, the delegates demanded that the nominating committee, 
which had been selected prior to the event, not simply be accepted as 2ifait\ 
accompli, but that its members be selected by and from the delegates on the 
convention floor. Ultimately, Thompson decided it was in the best interests 



218 



Joseph Elijah Thompson 



of the convention and the party to comply with the wishes of the delegates. 
The nominating committee was struck and the convention proceeded without 
incident. '° 

The member for Toronto Northeast was returned to the House with a greater 
majority in 1923." On 6 Febniary 1924, he was elected to the office of 
Speaker of the Legislative Assembly. Several interesting topics were brought 
to the attention of the members during the course of the 16th parliament, 
including the questions of bilingualism in schools^^ and the government's 
monopoly on patronage positions. ^^ In addition, legislation enabling the 
City of Toronto to own and operate a ferry service to and from Toronto 
Island was debated and passed in the course of the 1926 session.''* 

The issue that dominated Thompson's term in the Chair, however, was the 
province's temperance movement. This volatile and often emotional matter 
surfaced repeatedly in the Assembly's debates. While the government may 
have felt that the passage of an act to amend the Ontario Temperance Act in 
the first session would put the debate to rest, it did little to quell the fiiror.*^ 
In the following sitting, several petitions protesting the amendment were 
brought before the House; this outpouring of dissatisfaction forced the 
government to push through yet another legislative modification.'^ Speaker 
Thompson effectively ended this political quandary during the Assembly's 
final session. When a member proposed a bill to provide the government's 
control and sale of liquor, Thompson ruled that the legislation was out of 
order as it necessitated the spending of public monies which was not within 
the purview of a private member.'^ 

Although he retired from the Speakership in 1926, Thompson did not leave 
provincial politics. In the same year, he ran as the Conservative candidate 
for the riding of St. David in Toronto and won with another overwhelming 
majority.'* During the course of the 17th parliament, Thompson was a 
member of the Assembly's Standing Committees on Private Bills, Railways, 
and Public Accounts and served as Chairman of the latter.'' He did not 
seek re-election in 1929 but returned to civic administration with the 
acceptance of the position of registrar of the surrogate court in Toronto. A 
casualty of what has been called Mitch Hepburn's "war against Conservative 
symbols,"^ Thompson lost his civil appointment in 1934. Undaunted by 
this blow, he returned his attention to his business. In 1939, Thompson 
made an attempt to return to municipal politics and unsuccessfully 
campaigned as an aldermanic candidate. Joseph Elijah Thompson died on 16 
March 1941 in Toronto. 



219 



Joseph Elijah Thompson 



Notes 



^Dufferin School was founded in 1877 and was renamed Lord Dufferin m 
Public School on 17 November 1949. See: Colleen Kelly, Cabbagetown in 
Pictures, Toronto Public Library Board Local History Handbook No. 4 
(Toronto: Toronto Public Library Board, 1984), pp. 17, 29. 

Kathleen Finlay , Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 70. 

^"Joseph E. Thompson," Members of Council, Boards and Heads of 
Departments File, City of Toronto Archives, City Hall. 

%id.; and Finlay, Speakers of the Legislative Assembly, p. 70. 

^For a history of electricity in the City of Toronto, see: Bright Lights, Big 
City: The History of Electricity in Toronto (Toronto: Ontario Association 
of Archivists, Toronto Chapter, 1991), pp. 8-27. 

^"Joseph E. Thompson," Members of council. Boards and Heads of 
Departments File, City of Toronto Archives, City Hall. 

Tinlay, Speakers of the Legislative Assembly, p. 70. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 497. 

^eter Oliver, G. Howard Ferguson: Ontario Tory, Ontario Historical 
Studies Series (Toronto and Buffalo: University of Toronto Press, 1977), p. 
103. 

'"Ibid. 

"In the 1923 general election, Thompson received 78 per cent of the votes 
cast in the riding of Toronto Northeast - Seat B. His previous margin of j 
victory had been only 40 per cent. See: Province of Ontario, Elections] 
Ontario, Electoral History of Ontario, p. 497. 

220 



Joseph Elijah Thompson 



^^The motion was ultimately withdrawn. See: Province of Ontario, 
Legislative Assembly, Journals of the Legislative Assembly of the Province 
of Ontario, vol. 59, 2nd Session, 16th Parliament (Toronto: Clarkson W. 
James, 1925), pp. 225, 233. 

"Ibid., pp. 105, 106, 107, 146, 147, 148, 157. 

"Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 

60, 3rd Session, 16th Parliament (Toronto: Clarkson W. James, 1926), 
pp. 15, 54, 57, 157, 173, 188, 209, 277. 

*'Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 

58, 1st Session, 16th Parliament (Toronto: Clarkson W. James, 1927), pp. 

61, 111-112, 127-129, 134, 143, 297. See also: idem, pp. 50, 62, 93, 94, 
95, 146, 161, 177, 267, 269. 

^*^Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 

59, 2nd Session, 16th Parliament, pp. 76, 88, 99, 101, 119, 125, 137, 142, 
161, 175, 179, 182, 183, 184, 193, 215, 226, 234, 275. 

"Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 

60, 3rd Session, 16th Parliament, pp. 89, 228. 

"Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 497. 

'Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 61, 1st Session, 17th Parliament 
(Toronto: Clarkson W. James, 1927), pp. 26-27; idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 63, 3rd Session, 17th 
Parliament (Toronto: Clarkson W. James, 1929), pp. 18-20; and Finlay, 
Speakers of the Legislative Assembly, p. 12. 

finlay. Speakers of the Legislative Assembly, p. 72. 



221 



William David Black 




Williain David Black 
1927-1929 

Portrait by E. Wyfy Grier 



William David Black 



WILLIAM DAVID BLACK 

The man who would become Speaker of the 18th Legislature of the Province 
of Ontario was born in Dundas County, Ontario on 17 October 1867. The 
son of Scottish immigrants, William David Black's education was both 
practical and broad. He received his formal instruction at the local 
elementary school but also developed an admiration for rural life while 
helping his father on the family farm. At the age of 17, Black left the farm 
for a position as a trackman for the Canadian Pacific Railway. He left the 
employ of the CPR in 1894 and established himself as a general merchant 
and contractor in the village of Parham in Frontenac County. It was also 
during this period that Black became involved in lumbering and contracting 
in the Temagami district of Northern Ontario. His commercial enterprises 
flourished and, by 1905, he was wealthy enough to consider retiring.* 

Black's earliest political posting was as reeve of Parham. In addition to this 
office, he also served as a commissioner to the county council. Black 
tempered his political pursuits with an interest in social and business 
organizations as did many other legislators of the period. For example, he 
acted as auditor of the Parham School Board for five years in the early 1900s 
and held the office of Director of the Canadian Fair Association for two 
terms. Black also served 15 years as secretary-treasurer of the local 
Agricultural Society and five years as secretary of the Farmers' Institute.^ 



Given his dedication to the economic, social and political life of his 
community, it is not surprising that Black turned his experienced hand to 
provincial politics in 191 1 . In this year he won the Conservative nomination 
for the constituency of Addington by acclamation and won the seat in a 
similar fashion.^ In the three subsequent provincial general elections of 
1914, 1919, and 1923, the member for Addington was returned to the House 
either by acclamation or by a plurality of more than 70 per cent. Indeed, 
Black's support among the rural population of Addington was such that in 
1919 the United Farmers of Ontario could not field a single candidate to 
challenge him for the riding.'* 

Black's own agricultural background and interests manifested themselves in 
his work in the House. Throughout this period, he championed rural issues 
and in 1921 and 1922 he chaired the Assembly's Special Committee of 
Inquiry into the Province's Fruit and Apple Interests.' From 1924 until 
1926, he also served on the subcommittee of the Assembly's Agricultural 



222 



William David Black 



Inquiry Committee. On the strength of his legislative record, Black was 
returned to the Assembly in 1926 by acclamation.^ His lengthy 
parliamentary experience recommended the Parham businessman for the 
Assembly's highest honour. Indeed, Premier Howard Ferguson described the 
long-time member as "a model guardian of the liberties of this House." 
Thus, On 2 February 1927, Black became the 17th individual to preside over 
the Legislative Assembly of Ontario.^ 

Throughout his term as Speaker, the House considered several interesting 
legislative questions ranging from the regulation of embalmers and funeral 
directors,* to the study of pulp and timber limits in the province,' to the 
provision of old age pensions.^" And, like many previous Speakers, Black 
was also asked to rule on points of order and questions of privilege. On 20 
February, for example, W. E. N. Sinclair, the member for the riding of 
Ontario South, took objection to a remark made by Premier Howard 
Ferguson in debate and requested that Speaker Black rule on the issue. Two 
days later, the Speaker ruled on what was, in effect, a question of the use of 
allegedly unparliamentary language. Black determined that Ferguson's 
statement that Sinclair "cannot treat this House, or one of the Committees of 
this House, with contempt," did not constitute a point of order. He noted 
that 

Had the honourable member been charged 
with contemptible conduct [by Ferguson] 
that would clearly have been out of order, 
but the remark of the Honourable the Prime 
Minister was made in the course of an 
argument, not charging improper motive, 
but in the same manner as it might quite 
properly have been used in an agreement in 
a court of law." 

Despite several sessions of fierce debate, the matter of unparliamentary 
language did not resurface during Black's term in the Chair. 

Perhaps the most important issue discussed in the House during this period, 
however, was that which concerned the establishment of the Liquor Control! 
Board of Ontario. Premier Ferguson brought the bill before the House on 
9 March 1927, and it was met with resistance almost immediately. In the 



223 



I 



William David Black 

course of the debates that followed, several amendments were considered 
including one proposing that 

no government liquor store ought to be 
established in any municipality without 
opportunity being given to the electors or to 
the council of such municipality to express 
a point of view on the subject.'^ 

Despite the protests of the Opposition, this and other amendments were 
ultimately defeated by large majorities. It could be suggested that Speaker 
Black also had a direct influence on the eventual passage of this legislation: 
by ruling that members should restrict themselves to debating the merits of 
the bill, he helped the Premier to keep control over the discussion in the 
House. On 5 April 1927 the Liquor Control Act of Ontario received royal 
assent.'^ 

In 1929, Black was once again returned to the House with a substantial 
majority; he was not, however, re-elected to the Chair. After resuming his 
position on the party's backbenches, the member for Addington took up those 
issues which had merited his attention prior to his election to the Chair. To 
this end, he served as Chairman of the Public Accounts Committee for the 
next four years and as a member of the Ontario Game Resources 
Commission.*'* Black was returned to the House in the two subsequent 
provincial elections but with progressively smaller margins of support. '^ 
In 1943, health problems forced him to withdraw permanently from public 
life. The former Speaker of the House did not recover from his illness. 
William David Black died in Ottawa on 24 October 1944 at the age of 76 



Notes 



'Walter S. Herrington, History of the County of Lennox and Addington 
(Toronto: Macmillan, 1913), p. 356; "Retired Dean of Legislature stricken 
at 76," Globe and Mail, 25 October 1944; and Kathleen Finlay, The 
Speakers of the Legislative Assembly of Ontario, 1867-1984 (Toronto: 
Legislative Library, Research and Information Services, 1985), p. 73. 

^Herrington, History of the County of Lennox and Addington, p. 357; and 
Finlay, Speakers of the Legislative Assembly, p. 73. 



224 



16 



William David Black 



'Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records y comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 36. 

'^Province of Ontario, Elections Ontario, Electoral History ofOntario, p. 36; 
and Finlay, Speakers of the Legislative Assembly, p. 73. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 56, 3rd Session, 15th Parliament 
(Toronto: Clarkson W. James, 1922), Appendix I; and Finlay, Speakers of 
the Legislative Assembly, pp. 73-74. 

''Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 36. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 61, 1st Session, 17th Parliament 
(Toronto: King's Printer, 1927), p. 5; and Legislators and Legislatures of 
Ontario, vol. 2: 1867-1929, comp. Debra Forman (Toronto: Legislative 
Library, Research and Information Services, 1985), p. 231. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol, 62, 2nd Session, 17th Parliament 
(Toronto: King's Printer, 1928), pp. 112, 143, 155, 163, 178. 

%id., pp. 41, 81, 99, 100, 112, 170, 171, 174. 

^^dem, Journals of the Legislative Assembly of the Province of Ontario, vol. 
63, 3rd Session, 17th Parliament (Toronto: King's Printer, 1929), pp. 91, 
123, 147, 160, 188, 210. 

^'Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 
62, 2nd Session, 17th Parliament, p. 40. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 
61, 1st Session, 17th Parliament, p. 141. 

^'Ibid., pp. 98, 125, 126, 128, 131-143, 147, 156, 163, 175, 217. See also: 
Peter Oliver, G. Howard Ferguson: Ontario Tory (Toronto: University of 
Toronto Press, 1977), p. 279. 



225 



I 



William David Black 

The bill was amended in the following two sessions. See: Province of 
Ontario, Legislative Assembly, Journals of the Legislative Assembly of the 
Province of Ontario, vol. 62, 2nd session, 17th Parliament, pp. 129, 134, 
146, 164, 165, 179; and idem. Journals of the Legislative Assembly of the 
Province of Ontario, vol. 63, 3rd Session, 17th Parliament, pp. 131, 146, 
158, 164, 188, 210. 

^"^See: Finlay, Speakers of the Legislative Assembly, p. 74. 

^'Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 36. 

**^"Retired Dean of Legislature stricken at 76," Globe and Mail, 25 October 
1944; and Finlay, Speakers of the Legislative Assembly, p. 75. 



226 



Thomas Ashmore Kidd 




Thomas Ashmore Kidd 
1930-1934 

Portrait by Archibald Barnes 



Thomas Ashmore Kidd 



THOMAS ASHMORE KTOD 



Thomas Ashmore Kidd was born on 1 May 1899 in Burritt's Rapids, 
Ontario. The son of an entrepreneur with various business interests, Kidd 
grew up in Carlow Lodge -- the family home named for his mother's 
birthplace Carlow County, Ireland. He attended school in Burritt's Rapids, 
Kemptville, and Toronto.^ Between graduation and his departure for the 
European front, Kidd moved to Kingston, Ontario and established himself as 
a wholesale merchant dealing in cocoa, canned goods, sugar, matches, 
grocery bags and other such goods .^ 

In 1910, Kidd received a commission with the 56th Grenville Lisgar 
Regiment. With the advent of war four years later, he became a member of 
the first Canadian military contingent to be sent to Europe in August of 
1914. He served with the Canadian Expeditionary Force in France in 1915 
and was badly wounded during the Battle of Ypres (22-24 April 1915).^ 
Shortly thereafter, he returned home to Kingston a decorated hero and 
resumed his business career.'* 

Kidd proved to be an active member of the community. His letters show that 
he was greatly involved with several local charitable and service 
organizations including the Kingston Historical Society, the Kingston City 
Boys' Hockey League, the Kingston General Hospital, and Queen's 
University^ and it is not surprising that Kidd eventually opted to campaign 
for a seat on the city council. He made his first appearance as the alderman 
for Kingston's Sydenham Ward in 1924 holding this seat until 1926.** 
During his tenure on City Council, Kidd gained political and procedural 
experience that would later serve him well in the provincial Assembly. He 
served as a member on several of the Council's committees including those 
concerned with Industries, Charities, and City Property.^ During his final 
term as alderman, Kidd acted as president of the Finance Committee and 
chairman of the Kingston Board of Works.* 

In 1926, Kidd left municipal politics to seek a seat in the provincial 
Legislature. In that year's provincial general election, he campaigned as the 
Conservative candidate for the riding of Kingston in place of the recently 
resigned Attorney General, W. F. Nickle. Although the disgruntled Nickle 
ran as an independent in the 1926 election, Kidd's status as a member of one 
of the most influential Tory families in the area made the outcome of the 
contest fairly certain. Kidd won the seat, capturing over 60 per cent of the 
popular vote.' Described as "a loyal Conservative wheel-horse" who. 



227 



Thomas Ashmore Kidd 



although Strongly partisan, "played the game with clean hands, "^° Kidd 
spent his first term in the Assembly deeply involved with the Standing 
Committees of the House. In the course of the 17th parliament, he acted as 
a member of the committees on Private Bills, Municipal Law, Agriculture 
and Colonization, and Public Accounts.'* 

In 1929, Kidd was returned to the Assembly by acclamation.'^ On 5 
February 1930, he made another political conquest. When the House 
convened in Toronto, he was elected to the office of Speaker of the 
Legislative Assembly.'^ The issues and events of his Speakership were 
diverse. Early in the second session, W. F. Nickle, an old political ally 
turned recent electoral opponent of the Speaker, presented Kidd with a gavel 
made from a beam of the old parliament buildings in Kingston. The gesture 
was symbolic. While a Speaker may use a reproving glance, a stern word 
or even a touch of humour to bring the Chamber to order, he would not need 
a gavel to enforce his authority."* It was also during Kidd's term in the 
Chair that discussion on an act to regulate barbers and hairdressers in the 
province was cut short on two separate occasions (the legislation was finally 
passed by the House in its fourth session).'' 

Most of the legislation before the House between 1930 and 1934 reflected the 
hard economic times which faced the province and the world. Measures to 
authorize the appropriation of money for unemployment relief were taken and 
three bills to this effect were introduced and quickly passed in succession by 
the Legislature.'*' Not surprisingly, the regulation of the sale of stocks and 
bonds also concerned the Assembly at this time. In response to the stock 
market crash, a bill to prevent fraud in connection with the sale of securities 
was passed within days of the opening of parliament creating the Securities 
Fraud Prevention Board. This regulatory body was replaced by the Ontario 
Securities Commission on 23 June 1932.'^ In this economically austere 
period, the Assembly also saw fit to support a motion to raise ministerial 
salaries by $2,000 and to appropriate $10 million for the development of 
Northern Ontario.'* 

Kidd's Speakership proved to be an important one in the development of 
provincial parliamentary procedure. In 1929, the rules governing procedure 
in the Assembly were revised. Schindeler notes that although the revisions 
"did not alter any of the fundamental procedures of the House," some 
innovations were made.'' Most of these directly affected the role of the 
Speaker. For example, the first rule of the House cut the Assembly's 
parliamentary apron strings by providing that 



228 



Thomas Ashmore Kidd 



... in all contingencies unprovided for the 
Question shall be decided by the Speaker 
and in making such a Ruling the Speaker 
shall base his decision on: 1st, the Usages 
and precedents of the Legislature. 2nd, the 
Rules, Usages and Formes of the House of 
Commons of the United Kingdom of Great 
Britain and Northern Ireland as in force at 
the time.^ 

The new rules also formalized the power conventionally exercised by the 
Chair in Westminster style legislatures allowing the Speaker to "name" any 
member who continued to talk after being asked to cease.^^ 

While other Conservatives were falling to Hepburn's Liberals and the 
promise of a new era for the province, Kidd was returned to the Assembly, 
although by a substantially reduced majority.^ The member for Kingston 
was elected once more in 1937. Upon his return to the Assembly, he was 
given the position of Chief Party Whip by the Conservatives' new leader. 
Earl Rowe.^ Kidd resigned his seat on 8 March 1940 in order to 
unsuccessftilly challenge Liberal Norman Rogers, Minister of National 
Defense, in that year's federal election. He had better luck in 1945 and was 
elected to the House of Commons in Ottawa as the member for Kingston.^ 

In the federal general election of 1949, Kidd lost his seat in the House of 
Commons and returned to Kingston and his business interests. Thomas 
Ashmore Kidd died there on 19 December 1973 at the age of 84.^ 



Notes 



^In the few biographies of Kidd extant, the names of the educational 
institutions he attended were not given. See: "Thomas Ashmore Kidd," The 
Canadian Directory of Parliament, 1867-1967, ed. J. K. Johnson (Ottawa, 
Ont.: Public Archives of Canada, 1968), p. 303; and Kathleen Finlay, 
Speakers of the Legislative Assembly of Ontario, 1867-1984 (Toronto: 
Legislative Library, Research and Information Services, 1985), p. 76. 



229 



Thomas Ashmore Kidd 



^The evidence consulted indicates only that Kidd established himself as^a 
wholesale merchandise broker at Kingston, Ontario." It does not give a date 
for this event. See: Johnson, Directory of Canadian Parliament, p. 303. 

For more detailed information regarding the inventory of Kidd's enterprise, 
see: "T. A. Kidd, Personal File," Box 6 (1933), Thomas Ashmore Kidd 
Papers, Queen's University Archives, Queen's University. 

'For a more detailed discussion of the history and achievements of the 
Canadian Expeditionary Force and its role in the Battle of Ypres, see: 
Desmond Morton, A Military History of Canada (Edmonton: Hurtig 
Publishers, 1985), pp. 137, 138, 141, 142, 145, 149. 

'^Kidd received a medal for bravery and a volunteer officer's medal. Finlay, 
Speakers of the Legislative Assembly, p. 76. 

^See: Thomas Ashmore Kidd Papers, Boxes 4-7 (1931-1934), Queen's 
University Archives, Queen's University. 

'^Municipality of Kingston, City Council, Minutes of the Council of the 
Corporation of the City of Kingston, Ontario for the Year 1923 (Kingston, 
Ont.: The Jackson Press, 1924), p. 6; and idem. Minutes of the Council of 
the Corporation of the City of Kingston, Ontario for the Year 1924 
(Kingston, Ont.: The Jackson Press, 1925), p. 1; and idem. Minutes of the 
Council of the Corporation of the City of Kingston, Ontario for the Year 
1925 (Kingston, Ont.: The Jackson Press, 1926), p. 1. All minute books 
of the Kingston City Council are held at the Queen's University Archives in 
Kingston. 

^Idem, Minutes of the Council of the Corporation of the City of Kingston, 
Ontario for the Year 1923, pp. 6, 7, 309; idem. Minutes of the Council of 
the Corporation of the City of Kingston, Ontario for the Year 1924, pp. 7, 
211, 229, 246; and idem. Minutes of the Council of the Corporation of the 
City of Kingston, Ontario for the Year 1925, p. 6. 

*Idem, Minutes of the Council of the Corporation of the City of Kingston, 
Ontario for the Year 1925, p. 6. 

Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 



230 



Thomas Ashmore Kidd 



of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 259; and Finlay, Speakers of the Legislative Assembly, pp. 76-77. 

^°Finlay, Speakers of the Legislative Assembly, p. 77. 

"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 61, 1st Session, 17th Parliament 
(Toronto: Clarkson W. James, 1927), pp. 26-27. 

^^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 259. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 64, 1st Session, 18th Parliament 
(Toronto: Herbert H. Hall, 1930), p. 5. 

^'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 65, 2nd Session, 18th Parliament 
(Toronto: Herbert H. Ball, 1931), p. 95; and Finlay, Speakers of the 
Legislative Assembly, ^^.11. 

*'See: Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 65, 2nd Session, 18th Parliament, pp. 113, 127, 171; and idem. 
Journals of the Legislative Assembly of the Province of Ontario, vol. 66, 3rd 
Session, 18th Parliament (Toronto: Herbert H. Ball, 1932), pp. 70, 126; and 
idem. Journals of the Legislative Assembly of the Province of Ontario, vol. 
67, 4th Session, 18th Parliament (Toronto: Herbert H. Ball, 1933), pp. 16, 
64, 66, 149, 160, 172, 180, 222. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 65, 2nd Session, 18tii Parliament, pp. 18, 34, 35, 54, 103, 194; idem. 
Journals of the Legislative Assembly of the Province of Ontario, vol. 66, 3rd 
Session, 18th Parliament, pp. 133, 151, 164, 185, 192; and idem. Journals 
of the Legislative Assembly of the Province of Ontario, vol. 67, 4th Session, 
18th Parliament, pp. 166, 178, 191, 217, 224. 

'^e Ontario Securities Commission was created by an order-in-council on 
23 June 1932. 

Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 64, 1st Session, 18th Parliament, pp. 40, 57, 58, 59, 60, 61, 70, 71, 



231 



Thomas Ashmore Kidd 

82, 119, 133, 164; and telephone interview with Monica Zeller, Ontario 
Securities Commission, 16 January 1992. 

^*See: Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 64, 1st Session, 18th Parliament, pp. 98, 110, 117, 126, 134, 140, 166. 

^'F. F. Schindeler, Responsible Government in Ontario, Canadian 
Government Series (Toronto: University of Toronto Press, 1969; reprint 
1973), p. 138. 

^id. 

^%id.; and Finlay, Speakers of the Legislative Assembly, p. 77. Once a 
member has been "named" by the Speaker, he or she is required to leave the 
Chamber. 

^^hile he had been returned to the House by acclamation in 1929, Kidd 
received only 53.9 per cent of the votes cast for the riding of Kingston in the 
1934 election. 

Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 259. 

^Finlay, Speakers of the Legislative Assembly, p. 78. 

^Province of Ontario. Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, Vol. 75, 6th Session, 20th Parliament 
(Toronto: T. E. Bowman, 1941), p. 8. Johnson, The Canadian Directory 
of Parliament, 1867-1967, p. 303. 

^"Former Speaker top Orangeman," Globe and Mail, 21 December 1973; 
and Finlay, Speakers of the Legislative Assembly, p. 78. 



232 



Norman Otto Hipel 




Norman Otto Hipel 
1935-1938 

Portrait by J. Ernest Sampson 



Norman Otto Hipel 



NORMAN OTTO HIPEL I 

Born on 21 March 1890 on a farm near Preston, Ontario, Norman Otto Hipel 
was educated first at Riverbank Public School and later at Breslau Public 
School. At the age of 13, the future Speaker of the Assembly left school and 
moved to Berlin, Ontario, now Kitchener, where he worked as a dry goods 
clerk. Within three years, however, Hipel had returned to the family home 
at Breslau, Ontario. It was there that his father taught him carpentry, 
preparing him for the day when he would establish himself as a contractor. 
In 1911, at the age of 21, young Hipel began what was to become a 
successful business. Within a few short years he expanded his interests to 
include lumber marketing and ftiel retailing. As a builder, he earned patents 
for designs of barns and skating arenas, several of which he constructed in 
the Gravenhurst, Waterloo, and Blind River regions of the province.^ 

Hipel's political career began at the municipal level. By 1925, he had been 
elected by acclamation to the offices of alderman, deputy-reeve, reeve and 
mayor of Preston.^ Hipel chose to run in a less certain political contest in 
1930. Since 1905, popular support for the provincial Liberals had eroded 
and the number of Liberal seats held in the House had steadily declined to 
a total of only 13 seats in the province's 17th Assembly. Moreover, the 
voters of Waterloo South - the constituency for which Hipel campaigned in 
the 1930 by-election ~ had not returned a Liberal to the House since 1894. 
Thus, when Hipel received the Liberal nomination, the possibility of his 
victory seemed, at best, remote. The political fortunes of Ontario's Liberals 
notwithstanding, the contractor from Preston secured the seat and won just m 
over 50 per cent of the votes cast in the riding.^ On 12 February 1931, 
Hipel was introduced to the House and sworn in as the new member for 
Waterloo South.'* 

In 1934, Ontario's voters swept the province's Tory majority out of power: 
a Liberal majority holding more than two-thirds of the seats in the 
Legislature had been elected. Hipel was one of these Liberals returned for 
the riding of Waterloo South. He had vanquished his Conservative opponent 
by a majority of more than 2,300 votes.^ When the House convened at 
Queen's Park on 20 February 1935, Hipel attained yet another victory. On 
this date Premier Hepburn, secure in his large mandate, named Hipel 
Speaker of the Legislative Assembly .** 

Two days after Hipel' s election to the Chair, the mace which had been used 
by the Assembly of Upper Canada was returned to the province by the 



233 



Norman Otto Hipel 



President and government of the United States. The mace, symbol of royal 
authority and power in the Chamber, had been stolen from the parliament 
buildings during an American raid on Toronto on 27 April 1813. Although 
no explanation was given for the tardy restoration of this parliamentary 
symbol, the House quickly passed a resolution which documented its thanks 
and appreciation for 

the friendliness and good-will towards His 
Majesty the King, and his subjects, which 
prompted this generous and neighbourly act 
on the part of the President and Government 
of the United States of America.' 

With this cordial duty completed, the House focused its attention on other 
issues. In the course of the 19th provincial parliament, the matter of 
guardianship of the Dionne quintuplets was frequently debated in the House. 
Legislation on this topic was twice introduced and quickly passed.* Also, 
the adoption of a floral emblem for the province was provided by legislation 
that was enacted late in the 1937 session.' 

The most intriguing development of Hipel's term in the Chair, however, 
occurred during the parliament's inaugural session. During a debate on a 
point of privilege. Premier Hepburn used the word "brazen" to describe 
George Stewart Henry, leader of the Conservative Opposition. When asked 
to rule on the matter as a point of privilege, the Speaker decided the word 
was unparliamentary and asked Hepburn to withdraw the remark. Hepburn, 
who was predisposed to running the Legislature very much according to his 
own rules, did not take kindly to Hipel's decision and challenged his ruling 
on the grounds that "the circumstances of the particular matter under 
consideration justified his use of the word."^*' In an unprecedented vote. 
Speaker Hipel's ruling was upheld by a margin of 63 to 17." 

Hipel was re-elected to the Assembly in 1937 and was also returned to the 
Chair on 1 December 1937.'^ He did not complete his second term as 
Speaker but, as Speakers Stevenson and Balfour before him, resigned the 
Chair to take an appointment to Cabinet. On 2 September 1938 he was 
given the Labour portfolio by Premier Hepburn, becoming the sixth 
individual to lead the ministry since Hepburn's Liberals assumed power." 
On 22 November 1940, he added the Public Welfare portfolio to a growing 
list of ministerial responsibilities.** It was in his capacity as Minister that 
he introduced the British Child Guest Act on 12 March 1941. This 



234 



Norman Otto Hipel 



legislation provided for the well-being of some 600 English children who had 
been brought to Ontario for the duration of the war.'^ In 1942 Hipel was 
moved from the Public Welfare portfolio to that of Lands and Forests. He 
held this cabinet appointment until his defeat in the general election of 
1943. ''^ 

In the following years he worked behind the scenes as a party organizer and 
made one final, unsuccessful attempt at entering the Legislature in 1948. 
After a thwarted bid for the Liberal leadership in 1950, Norman Otto Hipel 
retired to the life of a gentleman farmer and dedicated himself to 
environmental issues. ^^ The former Speaker and Cabinet minister died 
suddenly on 16 February 1953. 



Notes 



^"Hipel's record of public service," Gait Daily Reporter, 20 June 1934; 
"Norman O. Hipel," 41st Annual Report of the Waterloo Historical Society 
(Waterloo, Ont.: The Society, 1953), p. 28; and Kathleen Finlay, Speakers 
of the Legislative Assembly of Ontario, 1867-1984 (Toronto: Legislative 
Library, Research and Information Services, 1985), p. 79. 

^"Norman O. Hipel," 41st Annual Report of the Waterloo Historical Society, 
p. 28. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 225; and Finlay, Speakers of the Legislative Assembly, pp. 79-80. 

''Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 65, 2nd Session 18th Parliament 
(Toronto: Herbert H. Ball, 1931), pp. 11, 16. 

'"Largest vote in history in Preston polled yesterday," Gait Daily Reporter, 
20 June 1934; "N. O. Hipel retains seat in Legislature," The Prestonian, 21 
June 1934; Province of Ontario, Elections Ontario, Electoral History of 
Ontario, p. 225; and Finlay, Speakers of the Legislative Assembly, p. 80. 



235 



Norman Otto Hipel 



^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario y vol. 69, 1st Session, 19th Parliament 
(Toronto: T. E. Bowman, 1935), p. 5. 

%id., pp. 17-18. 

*See: Ibid., pp. 41, 47, 60, 63, 132; and idem. Journals of the Legislative 
Assembly of the Province of Ontario, vol. 71, 3rd Session, 19th Parliament 
(Toronto: T. E. Bowman, 1937), pp. 42, 46, 67, 137, 139, 219. 

'Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 71, 3rd Session, 19th Parliament, pp. 63, 74, 113, 129, 132, 220. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 69, 1st Session, 19th Parliament, pp. 133-134. 

"Ibid., p. 134. See also: Neil McKenty, Mitch Hepburn (Toronto: 
McClelland and Stewart, 1967), pp. 64-65. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 72, 1st Session, 20th Parliament 
(Toronto: T. E. Bowman, 1938), p. 5; and Province of Ontario, Elections 
Ontario, Electoral History of Ontario, p. 225. 

^^Legislators and Legislatures of Ontario, vol. 1: 1792-1866, comp. Debra 
Forman (Toronto: Legislative Library, Research and Information Services, 
1985), p. xxxvi. 

^'Ibid. 

'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 75, 6th Session, 20th Parliament 
(Toronto: T. E. Bowman, 1941), pp. 6, 28, 72, 116, 124, 131, 252; and 
Clifford J. Williams, Decades of Service: A History of the Ontario Ministry 
of Community and Social Services, 1930-1980 (Toronto: The Ministry, 
1984), p. 45. 

'^Forman, Legislators and Legislatures, vol. 1: 1867-1984, pp. xxxvi, 
xxxvii; and McKenty, Mitch Hepburn, p. 235. 

'^See: W. S. MacDonnell, "The Model Farm of Norman Hipel," Forest and 
Outdoors, 4S (March 1952): 10-11. 

236 



James Howard Clark 




James Howard Clark 
1939-1943 

Portrait by J. Ernest Sampson 



James Howard Clark 



JAMES HOWARD CLARK 

James Howard Clark was born in Ingersoll, Ontario on 1 1 May 1888. While 
the future speaker was still young, the death of his father forced Clark to 
assume adult responsibilities. Clark refused to let his father's death 
discourage him and he completed his education at the local high school and 
ultimately attended Victoria College at the University of Toronto.^ After 
successfully petitioning the Law Society to accept his University of Toronto 
matriculation certificate as adequate qualification for admission as a student 
of law, he entered Osgoode Hall on 24 May 1914.^ 

The advent of World War I interrupted Clark's legal education. Within a 
month of the official declaration, he enlisted with the 96th Lake Superior 
Battalion as a second lieutenant. After his arrival on the European front, the 
ftiture Speaker saw action with the battalion's machine gun corps at Somme, 
Vimy, Passchendaele, Canal du Nord, and Valenciennes. By the time 
General Sir Arthur Currie led a predominately Canadian corps to Mons in 
early November 1917, Clark had risen to the rank of major.^ 

By 1919, Clark had returned to his legal studies and was granted his first 
year's examination by the Convocation of the Law Society on the grounds 
of his military service.'^ After articling under A. L. M. Govern in Port 
Arthur, Ontario, Clark was called to the Bar on 21 October 1920' following 
which he entered practice with the Windsor firm of F. D. Davis, the city's 
solicitor. Eventually, he became a partner in McTague, Clark, Springstein 
and, in 1934, helped to found the firm of Clark and Zeron. This latter 
association lasted until Clark's death in 1952.^ 

It was as a criminal lawyer that Clark made his mark during the 1930s. 
Indeed, his skill was such that he was able to win an acquittal on appeal for 
an individual found guilty of murder and sentenced to death. While many 
of his criminal cases involved serious charges, Clark also participated in the 
lighter side of the law. In his early days in Windsor, he successftilly 
defended his two pet Great Danes against a charge of being unlawftilly at 
large. ^ He also distinguished himself in civil litigation. In 1930, Clark 
travelled to England and successfully argued a case before the Privy Council, 
then the highest court in the British Empire.* 

As did many lawyers before him, Clark ultimately turned his attention to 
provincial politics. In 1929, he secured the Liberal nomination for the 
constituency of Windsor West but was unable to win the seat. In 1934, 



237 



James Howard Clark 



however, his fortunes improved and Clark was elected to the Legislative 
Assembly of Ontario as the member for the riding of Windsor-Sandwich.' 
In the course of his freshman term, Clark served as a member of several 
conmiittees including those concerned with Privileges and Elections, Private 
Bills and Municipal Law/" As Chairman of the Public Accounts 
committee, he attracted attention when he openly criticized his own party 
over its inclination to augment its treasury witfi contributions from corporate 
donors." 

Clark was returned to the House in 1937 with a plurality of more than 60 per 
cent.*^ In addition to his committee responsibilities, the member for 
Windsor-Sandwich was appointed Deputy Speaker and Chairman of the 
Committees of the Whole House in the Assembly's second session,'^ When 
the third session of the 20th parliament opened on 8 March 1939, it was 
announced that Norman Hipel had resigned the Chair to accept the cabinet 
position of Minister of Labour.'* In choosing a new Speaker, the House 
noted Clark's non-partisan and straight forward approach as Chairman of the 
Public Accounts Committee and as Deputy Speaker. On 8 March 1939, 
James Howard Clark was elected to preside over what would become the 
longest sitting Legislature in the province's history.'^ 

Several bills passed during Clark's term in the Chair were directly related to 
World War II and Ontario's war efforts. During the sixth session, provision 
was made for the more than 600 British children brought to the province for 
the duration of hostilities.'^ Furthermore, acts to extend the sittings of the 
Assembly until the end of the war were twice enacted by the members.'^ 
The Assembly also considered other matters. In the eighth session, the 
members enacted legislation to establish the Ontario Cancer Treatment and 
Research Foundation.'* An act to prevent discrimination on the basis of 
race or creed did not fare as well, however, and was defeated at its second 
reading.'' Clark did not let his status as Speaker prevent him from 
participating in the business of the Assembly. Not only did he participate in 
the debates on occasion but also chaired the Assembly's committee on 
collective bargaining.^ 

Clark instigated a minor political controversy in June 1943. While still 
Speaker, he gave an address in Detroit in which he declared that 40 to 45 per 
cent of the Canadian population would "vote for annexation to the United 
States because there are better living conditions there. "^' This statement, 
and one which "pointed to Canada as a rather substandard country,"^ 
enraged the people, the press and members of parliament. One newspaper 



238 



I 



James Howard Clark 



editorial submitted that Clark's unanimous renomination for the provincial 
election only a few days after the uproar showed "that Windsor understands 
that Jim is liable to say foolish things." The article questioned the 
motivation behind Clark's remarks and suggested "that the present members 
of the Liberal Government of Ontario think more of their partisans than they 
do of the good name of their country."^ Perhaps as a result of his 
injudicious remarks, Clark was defeated in the August 1943 provincial 
general election, receiving only 22 per cent of the votes cast in his riding.^ 

After this defeat, James Howard Clark returned to private life and his legal 
practice. The former Speaker of the Legislative Assembly of Ontario died 
in Windsor, Ontario in August 1952. 



Notes 



^"Major Jim Clark dies at age of 64," Windsor Star, 25 August 1952; and 
Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 82. 

^See: Minutes of Convocation, Law Society of Upper Canada, vol. 
15, p. 43, Law Society of Upper Canada Archives, Osgoode Hall. 

^"Major Jim Clark dies at age 64," Windsor Star, 25 August 1952; and 
Finlay, Speakers of the Legislative Assembly, p. 82. 

'*See: Minutes of Convocation, Law Society of Upper Canada, 
vol. 16, p. 110, Law Society of Upper Canada Archives, Osgoode Hall. 

^" James Howard Clark," Record #999, Ontario Bar Biographical Research 
Project, Law Society of Upper Canada Archives, Osgoode Hall. 

*Ibid. 

^"Major Jim Clark dies at age of 64," Windsor Star, 25 August 1952. 

"Finlay, Speakers of the Legislative Assembly, p. 82. 



239 



James Howard Clark 

Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, '■ 
1985), p. 86. 

^"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 69, 1st Session, 19th Parliament 
(Toronto: T. E. Bowman, 1935), pp. 22-25. 

^^Finlay, Speakers of the Legislative Assembly, p. 83. 

^^Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 86. 

"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 72, 2nd Session, 20th Parliament 
(Toronto: T. E. Bowman, 1938), p. 18. 

^'*Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 
73, 3rd Session, 20th Parliament (Toronto: T. E. Bowman, 1939), p. 7. 

^'Ibid., p. 8; and Finlay, Speakers of the Legislative Assembly, p. 83. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 75, 6th Session, 20th Parliament 
(Toronto: T. E. Bowman, 1941), pp. 6, 28, 72, 116, 124, 131, 252. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. , 

76, 7th Session, 20th Parliament (Toronto: T. E. Bowman, 1942), pp. 62, 
80, 100, 103, 120; and idem. Journals of the Legislative Assembly of the 
Province of Ontario, vol. 77, 8th Session, 20th Parliament (Toronto: T. E. 
Bowman, 1943), pp. 175, 198, 210, 225, 228. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 

77, 8th Session, 20th Parliament, pp. 141, 171, 210, 211, 228. 

^%id., pp. 60, 87. 

finlay. Speakers of the Legislative Assembly, p. 83. 

2^ "Forty-five per cent Clark," Ottawa Journal, 30 June 1943. 

^"Is this the issue?" Globe and Mail, 15 June 1943. 



240 



James Howard Clark 



23 



"Forty-five per cent Clark," Ottawa Journal, 30 June 1943. 



^Province of Ontario, Elections Ontario, Electoral History of the Province 
of Ontario, p. 86. 



I 



241 



William James Stewart 




William James Stewart 
1944-1947 

Portrait by Archibald Barnes 



William James Stewart 



WILLIAM JAMES STEWART 

Several Speakers including Richard William Scott, Norman Otto Hipel and 
Allan Edward Reuter, voluntarily left the Chair due to declining health or to 
pursue cabinet portfolios. The case of William James Stewart, however, 
offers a somewhat different perspective on this issue. Stewart, an established 
politician with several years of experience at the municipal and provincial 
levels, stunned the Assembly when he resigned the Chair on 21 March 1947 
after ideological conflict between the Speaker and the Premier reached an 
intolerable level. 
t 

Stewart was bom in a house on Manning Avenue, Toronto on 13 February 
1889. The ftiture Speaker entered the workforce at an early age as an office 
boy in the Cleveland Bicycle Shop on Queen Street. Although not formally 
educated save for evening courses at Shaw Business School, Stewart 
ultimately became President of Bates and Dodds Funeral Directors.^ 

In 1924, Stewart stepped onto the municipal stage when he was elected 
Alderman for Toronto's Ward 5. He held this seat on City Council until 
1931 when he became Mayor of Toronto.^ Throughout his four terms in the 
mayor's office — all of which were won by substantial majorities ~ Stewart 
became known for his business-like approach to politics. Acting on his view 
that the city was a corporation and its people its principal shareholders. 
Mayor Stewart strove to see his "shareholders" through the difficult years of 
the Depression and instigated social programs. Perhaps the most practical 
of these were depots from which the city's poor could obtain food, ftiel or 
a place to sleep six days of the week.^ 

To add to his growing reputation as the "expensive" mayor, Stewart was the 
first mayor in the city's history to use regular Sunday morning radio 
broadcasts to keep the inhabitants of Toronto aware of and informed on the 
issues of the day. His interests also extended to the city's historical heritage. 
Not only did Stewart himself pen a chronicle of the city for its centennial 
celebrations,'* he was the driving force behind the restoration of Fort York. 
Although some objected to the cost of such an exercise, restorations were 
made to the grounds and the buildings and, on 24 May 1934, the Fort was 
officially re-opened by the Governor-General.^ While Stewart was by all 
accounts a popular and successful mayor, he did not seek re-election in 1935. 

Following the trail cut by other municipal politicians throughout the 
province, the former Toronto mayor attempted the transition from municipal 



242 



William James Stewart 



to provincial politics. In 1936 he unsuccessfully ran for the leadership of the 
Ontario Conservatives/ His third place finish in this contest failed to 
diminish his determination, however, and Stewart campaigned as the Tory 
candidate in a 1938 by-election for the Toronto riding of Parkdale. He 
received almost 70 per cent of the votes cast in the by-election.^ 

In 1943, Stewart and a Conservative minority government were returned to 
the Assembly. Premier George Drew's choice for Speaker may have 
surprised those in the Conservative party, most of all the individual who was 
to be given the honour of presiding over the Chamber. It was widely known 
that Stewart was a member of a group within the party's caucus that opposed 
Drew and his policies. Nicknamed "the Little Scorpions Club," it seemed 
unlikely Drew would choose one of its members for the Speakership.* As 
the history of the Speakership shows, however, appointment to the Chair has 
often been used by the Premier to silence his most popular and vocal 
opponents, regardless of political persuasion. Thus, on 22 February 1944, 
William Stewart was elected to preside over the 21st parliament of the 
province of Ontario.' 

Stewart's initial tenure as Speaker lasted little more than a year. In 1945, the 
province was once more sent to the polls. The member for Parkdale was 
returned to the Assembly and also to the office of Speaker when the House 
convened in Toronto on 16 July.^'' Although he presided over the 22nd 
parliament for fewer than two years, several issues were brought before the 
House, including those of the sale of liquor in the province and the licensing 
of public halls. 

It was also during this time that, in his capacity as Speaker, Stewart chaired 
the Select Committee on the Rules of the Legislative Assembly in 1946 and 
1947. The Committee was charged with examining the Standing Orders and 
making recommendations as to possible revisions. Its report, filed during thCj 
1947 session, contained several recommendations for additions and revisions 
to the Standing Orders as they did not "purport to cover all contingencies that! 
may arise [in the Assembly], but on the contrary are designed to govern i 
events that constantly occur."" One of the most important issues raised by 
the Committee concerned the Speaker's status during a parliamentary hiatus. 
Noting that "doubt has been expressed as to the authority of the speaker to 
fiinction as such during the recesses of the Assembly" and that no provision] 
for this contingency was contained in the act which governed the Assembly, , 
the Committee recommended that 



243 



William James Stewart 



consideration be given to amending The 
Legislative Assembly Act in order to make it 
clear that the Speaker functions as such 
during recesses of the Assembly and also to 
provide that the Speaker at the time of 
dissolution of a Legislature shall continue to 
function as such in so far as the internal 
administration of his office is concerned 
until a new Speaker is elected.*^ 

This recommendation was the first step in a movement to establish a more 
authoritative and independent Speakership, one that would spawn the Camp 
Commission in 1974 and ultimately see the reinstatement of elections for the 
Chair in 1990. 

While the Committee's recommendations would have a great effect on the 
future of the office of the Speaker, the temperance issue pres.ented Stewart 
with a more immediate problem. Long an opponent of Drew and his "wet" 
policies, the Speaker Stewart and the Premier had clashed on this issue on 
more than one occasion. Indeed, Stewart had threatened to resign the Chair 
during a disagreement with the Liquor Control Board over the granting of 
beer licences. While this ideological disagreement could not alone remove 
Stewart from the Speakership, it helped to produce his sudden and somewhat 
drastic reaction to the events of 21 March 1947. On this date, George 
Doucette, Drew's Minister of Highways, challenged Stewart over the 
inconsequential matter of guest seating in the Speaker's Gallery. Suggesting 
the dramatic events to come, Stewart stated in response that "once a Speaker 
is held to ridicule by a cabinet minister, he could not possibly command the 
respect of the House. "^^ With this, the Speaker removed his tricorn hat, 
placed it on the Chair and stepped down from the dias. He did not return. 

Stewart's resignation was not readily accepted by the opposition. On 24 
March, Farquahar Oliver, leader of the Liberal Party, raised the point of 
order that "as the Speaker had been elected by vote of this House his 
resignation should be dealt with by Resolution of the House. "^'^ Although 
the Clerk of the House ruled that such a resolution was not required, Oliver 
kept up the attack. In response, he moved that 

this House declines to accept the resignation 
of the Honourable William James Stewart, 
... as Speaker of the Legislature, and 



244 



William James Stewart 



expresses its confidence in his ability and 
impartiality at all times. "^^ 

This second attempt at restoring Stewart to the Speakership was also ruled 
out of order by the Clerk of the House. After a challenge to the ruling was 
defeated, James de Congalton Hepburn was nominated for the Chair by 
Premier Drew. In what was obviously becoming a futile effort, Oliver 
moved an amendment to the nomination stating that Stewart was the Speaker 
and, therefore, Hepburn could not be nominated. It was only after Stewart 
stated that he "had no desire to promote controversy and . . . was not 
competing [for the Chair]" that the issue was finally resolved.'^ 

Stewart lost his seat in the 1948 provincial general election but was re-elected 
to the House as the member for Parkdale in 1951 and 1955.^^ Before his 
defeat at the polls in 1959, he was named Conservative party whip. In 1960, 
he was named to the Ontario Parole Board but resigned the position after a 
few months, finding his duties too strenuous. Fittingly, the former Toronto 
mayor who had been active in restoring an important piece of the city's 
heritage was appointed Chairman of the Toronto Historical Board in 1961. 
He held this appointment until his death in Toronto on 28 September 
1969.1' 



Notes 



'"William James Stewart," File #43, Biographical Files (Mayors), City of 
Toronto Archives, City Hall; and Kathleen Finlay, Speakers of the 
Legislative Assembly of Ontario, 1867-1984 (Toronto: Legislative Library, 
Research and Information Services, 1984), p. 97. 

^"William James Stewart," File #43, Biographical Files (Mayors), City of j 
Toronto Archives, City Hall; "A fourth mayoralty term," Globe, January 
1934; and Finlay, Speakers of the Legislative Assembly , p. 97. 

^Donald Jones, "'Expensive' mayor who saved Fort York," Toronto Star, 
1980, File #43, Biographical Files (Mayors), City of Toronto Archives, City] 
Hall; and Finlay, Speakers of the Legislative Assembly, p. 97. 

'*See: William J. Stewart, From Wigwam to Skyscraper, 1934, File #43,] 
Biographical Files (Mayors), City of Toronto Archives, City Hall. 



245 



William James Stewart 

'"Stepping through the old fort gates and 1 1/2 centuries of history," Toronto 
Year Book, 1933, City of Toronto Archives, City Hall; and Ernest J. 
Hathaway, The Story of the Old Fort at Toronto (Toronto: Macmillan, 
1934), pp. 33-34. 

'^Finlay, Speakers of the Legislative Assembly, p. 91. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 482. 

*Jones, "'Expensive' mayor who saved Fort York," Toronto Star, 1980, File 
#43, Biographical Files (Mayors), City of Toronto Archives, City Hall; and 
Neil McKenty, Mitch Hepburn (Toronto: McClelland and Stewart, 1967), 
p. 222. 

Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 78, 1st Session, 21st Parliament 
(Toronto: T. E. Bowman, 1944), p. 5; and Finlay, Speakers of the 
Legislative Assembly, p. 98. 

^^rovince of Ontario, Elections Ontario, Electoral History of Ontario, p. 
482; and Province of Ontario, Legislative Assembly, Journals of the 
Legislative Assembly of the Province of Ontario, vol. 80, 1st Session, 22nd 
Parliament (Toronto: T. E. Bowman, 1946), p. 5. 

"Province of Ontario, Select Committee Appointed to Inquire into the 
Revision of the Rules of the Legislative Assembly, Report of the Select 
Committee Appointed to Inquire into the Revision of the Rules of the 
Legislative Assembly in Journals of the Legislative Assembly of the Province 
of Ontario, vol. 81, 3rd Session, 22nd Parliament (Toronto: Baptist 
Johnson, 1947), pp. 25-46. 

'%id., p. 28. 

"G/oftg and Mail, 25 March 1947. 

*'*Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 81, 3rd Session, 22nd Parliament, 
p. 99. 



246 



William James Stewart 

^%id., pp. 100-101. 

"Province of Ontario, Elections Ontario, Electoral History of 
Ontario, p. 482. 

^^Corporation of the City of Toronto, Minutes of the Council of the 
Corporation of the City of Toronto, 1969 (Toronto: Carswell, 1970), pp. 
221-222; Jones, "'Expensive' mayor who saved Fort York," Toronto Star, 
1980, Biographical Files (Mayors), City of Toronto Archives, City Hall; and 
Finlay, Speakers of the Legislative Assembly, p. 99. 



247 



James de Congalton Hepburn 




James de Congalton Hepburn 
1947-1948 

Portrait by Kenneth Saltmarche 



James de Congalton Hepburn 



JAMES de CONGALTON HEPBURN 

James de Congalton Hepburn began his legislative career in his sixtieth year 
with only three years administrative experience in civic administration. In 
spite of what may have been seen as political inexperience, however, 
Hepburn forged a legislative career that included a term as Speaker of the 
Legislative Assembly. 

Hepburn was bom on 23 April 1878 in Picton, Ontario.* His father, A. W. 
Hepburn, owned and operated the Bay of Quinte and St. Lawrence Steamboat 
Company, which he turned into the second largest transportation fleet on the 
Great Lakes. During the 1870s and 1880s, the Picton area became a hub of 
commercial activity as the demand for Canadian barley grew in the United 
States. The Hepburn fleet operated out of Picton Harbour and, in its heyday, 
consisted of 12 vessels. After graduating from Trinity College School in 
Port Hope, the younger Hepburn joined his father's enterprise.^ The fleet 
was sold to the Canada Steamship Lines shortly before the First World War. 

There is little documentation of Hepburn's activities between the First World 
War and his entry into provincial politics in 1937. During this period, the 
Hepburn family continued to operate the Bay of Quinte Transportation 
Company, and James was an integral part of this venture. Hepburn had also 
served as Reeve of Picton for three years before the outbreak of war in 1914. 
Nonetheless, it seems that much of his time and energy during this period 
was devoted to his family and his business rather than to political or 
administrative matters. For reasons that are not clear, Hepburn decided to 
run as the Conservative candidate for the riding of Prince Edward-Lennox 
in the provincial general election of 1937. He won the contest with a^ 
majority of just over 50 per cent.^ 

When the province's 20th Legislature convened in Toronto on 1 December 
1937, Hepburn - who was no relation to the Liberal Premier Mitchell 
Hepburn either by blood or by partisanship -- was sworn in as the member 
for Prince Edward-Lennox.'* He was returned to the House in the two 
subsequent general elections in 1943 and 1945, each time with progressively 
larger margins of support.' However, when he returned for his third term, 
it was unlikely that Hepburn had any idea of the important role he would 
soon play in the daily business of the House. 

On 24 March 1947, Speaker William Stewart abruptly resigned the Chair. 
An on-going conflict with George Drew over the government's liquor 



248 



James de Congalton Hepburn 



policies had pushed Stewart, a long-time supporter of the temperance 
movement, to the limit of his tolerance. Indeed, Stewart had once threatened 
to resign during a row with the Liquor Control Board over the granting of 
beer licences. The Speaker's limits were exceeded on 21 March when 
George Doucett, the Minister of Highways, challenged Stewart over the 
trivial matter of available guest seating in the Speaker's Gallery. Declaring 
that respect for the office of Speaker had been compromised by Doucett's 
attack, Stewart removed his tricorn hat, placed it on the Chair and stepped 
down from the dais. He did not return.** 

Stewart's resignation was not as easily accepted by the Liberal opposition as 
it was by the Premier. Farquar Oliver, leader of the Liberals, rose to submit 
a motion that the House not accept Stewart's departure. Ruled out of order 
by the Clerk of the House as a violation of established procedure, Oliver's 
motion was forcibly withdrawn. It was amidst this fracas that James de 
Congalton Hepburn was elected Speaker of the Legislative Assembly.^ 

During the session-and-a-half that Hepburn held the Chair, the turbulence 
which had marked his election and the preceding sessions continued. On 
numerous occasions, Hepburn was asked to rule on points of order and on 
the application of the rules of the House.* Several other important issues 
also occupied the attention of the members during Hepburn's Speakership. 
On two separate occasions, motions to appoint committees to consider 
legislation to fight racial discrimination in the province and to establish a rent 
control board were brought forward but were ultimately withdrawn.' 

Despite the brief period of his tenure, Hepburn made a significant 
contribution to the procedure of the Legislative Assembly. On 15 March 
1948, the order for a second reading of An Act to amend the Election Act 
was made. Following the order, the member responsible for the legislation 
drew Speaker Hepburn's attention to Rule 31 of the House which stated 

All items standing on the Orders-of-the-Day 
shall be taken up according to the 
precedence assigned to each on the Order 
Book, the right being reserved to the 
administration of taking up Government 
Orders, in such rotation as they see fit, on 
the days on which Government Bills have 
precedence [Tuesdays and Thursdays]. 



249 



James de Congalton Hepburn 



The member claimed that "he could not be called on to discuss this bill until 
those preceeding it on the orders [paper] had been considered."^" Speaker 
Hepburn responded that 

While it is true that Rule 31 as at present in 
the rule book provides that Orders of the 
Day shall be taken up according to 
precedence on the Order Paper, it has been 
a custom which has obtained in the 
Legislature of Ontario for very many years 
to allow the Leader of the House the 
privilege of indicating what Orders shall be 
considered at any particular stage of 
proceedings. This custom has met with the 
consent of the House for so many years past 
that it has become an acknowledged method 
of dealing with the Orders. The object of 
this custom has been to facilitate the 
business of the House. 

In my opinion the custom which has been 
approved by the House during the lifetime 
of several Governments in the past obtains 
the authority of a rule of the Assembly." 

In making such a decision, Hepburn "defined a custom of the Ontario 
Legislative Assembly, which superseded the written rule of the House. "'^ 

Like many of his predecessors in the Chair, Hepburn was not returned to the 
House following his short term as Speaker. With his defeat in the general 
election of 1948, he chose to return to private life and retired to his home in 
Picton, Ontario. It was there that Hepburn died on 24 December 1955. 



Notes 



I 



^Kathleen Finlay , Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 100. 



250 



James de Congalton Hepburn 



^See: Richard and Janet Lunn, Vie County: The First Hundred Years in 
Loyalist Prince Edward (Picton, Ont.: The Picton Gazette Publishing Co., 
1967), pp. 309, 336; Alan R. Capon, "Picton," Community Spotlight: 
Leeds, Frontenac, Lennox and Addington and Prince Edward Counties, ed. 
Nick and Helma Mika (Belleville, Ont.: Mika Publishing, 1974), p. 232; 
and Picton Centennial Committee, Picton's 100 Years, 1837-1937: A 
Historical Record of Achievement, Official Souvenir Book of Prince Edward 
County's Old Boys' Reunion (Picton, Ont.: The Picton Gazette Publishing 
Co., June 1937), pp. 18, 53, 59, 60, 61, 64. 

^Province of Ontario, Elections Ontario, Electoral History of the Province of 
Ontario, 1867-1982: Candidates and Results with Statistics from the 
Records, comp. Office of the Chief Election Officer (Toronto: Office of the 
Chief Election Officer, 1985), p. 220; and Finlay, Speakers of the Legislative 
Assembly, p. 100. 

^Legislators and Legislatures of Ontario, vol. 3: 1930-1984, comp. Debra 
Forman (Toronto: Legislative Library, Research and Information Services, 
1985), p. 45. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 220. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 81, 3rd Session, 22nd Parliament 
(Toronto: Baptist Johnson, 1947), p. 89; Globe and Mail, 25 March 1947; 
and Finlay, Speakers of the Legislative Assembly, pp. 98-99. 

'See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 81, 3rd Session, 22nd Parliament, 
pp. 99-101; and Globe and Mail, 25 March 1947. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 82, 4th Session, 22nd Parliament 
(Toronto: Baptist Johnson, 1948), pp. 31, 41-43, 47, 48, 124. 

Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 81, 3rd Session, 22nd Parliament, pp. 227, 228. 

*®F. F. Schindeler, Responsible Government in Ontario (Toronto: University 
of Toronto Press, 1969; reprint, 1973), pp. 143-144. 



251 



James de Congalton Hepburn 



"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 82, 4th Session, 22nd Parliament, ■ 
pp. 47-48. See also: Alex C. Lewis, Parliamentary Procedure in Ontario fl 
(Toronto: King's Printer, 1948), pp. 207-208; and Schindeler, Responsible 
Government in Ontario, p. 144. 

^^Schindeler, Responsible Government in Ontario, pp. 131-132. 



252 



Myrddyn Cooke Davies 




Myrddyn Cooke Davies 
1949-55 

Portrait by Kenneth Saltmarche 



Myrddyn Cooke Davies 



MYRDDYN COOKE DAVIES 

The son of an Anglican clergyman, Myrddyn Cooke Davies was born in 
Aberavon, South Wales, on 26 May 1897. He received his early education 
in his native land and later travelled to the United States to study at Alma 
College in Michigan. In World War I, he served as a Regimental 
Quartermaster Sergeant in the United States Army from 1918 to 1919. Upon 
graduation from Alma College with an arts degree in 1921, Davies followed 
his father's steps and was ordained as an Anglican priest.^ 

In the years between his ordination and his entrance into provincial politics, 
Davies devoted himself to clerical matters. Serving first as curate at St. 
James' in Stratford, he was appointed priest-in-charge of St. George's 
Mission at Walkerville in 1922. When the young clergyman arrived at St. 
George's, it was a small mission outpost with a few active families. Over 
the next 40 years, it would become a self-supporting parish under "Father 
Dave's" leadership.^ 

During the Second World War, Davies served a different type of parish. 
From 1936 until 1939, he acted as chaplain to the Essex Regiment and later 
to the Windsor Garrison. The latter years of the war saw him as chaplain 
in the Royal Canadian Air Force and, between 1942 and 1944, as deputy 
director of Chaplaincy Services.^ 

Upon his return from Europe Father Davies turned his attention to politics. 
In 1945, an alliance between Edward B. Jolliffe's Co-operative 
Commonwealth Federation (CCF)'* and Mitch Hepburn's Liberal forces 
brought down the Conservative majority government of George Drew. A 
provincial general election was called for that summer. In the days following 
the government's fall, Davies secured the Conservative nomination for the 
riding of Windsor-Walkerville. A split in the vote for the CCF and the 
Liberal candidates allowed the clergyman to win the seat although he 
garnered only 40 per cent of the votes cast.^ 

Davies was returned to the House in 1948.^ At the opening of the 
Legislature on 10 February 1949, the member for Windsor-Walkerville was 
elected to the office of Speaker.^ In the course of the 23rd parliament, a 
wide variety of issues came before the members. Legislation to establish the 
Alcoholism Research Foundation (now the Addiction Research Foundation) 
was passed in the initial session,* and bills to promote fair employment 



253 



Myrddyn Cooke Davies 



practices and to ensure fair remuneration to female employees were enacted 
during the 1951 session.' 

The member for Windsor-Walkerville was returned to the Assembly and to 
the Speaker's Chair in 1952/° During Davies second term in the Chair a 
large number of acts were passed, including one to protect archaeological and 
historic sites in the province." The issue which sparked the most debate 
during this period was the creation of the municipality of Metropolitan 
Toronto. An act to provide for this fmancial and political federation was 
introduced early in the House's third session and debated frequently and 
earnestly during the sitting. By the conclusion of the 1953 session, this bill 
had been passed and the way paved for the municipal federation to be 
established.'^ Having served as Speaker for nine sessions, Davies stepped 
down from the Chair upon the dissolution of the province's 24th parliament. 
The member for Windsor-Walkerville had been only the second man to 
preside over the Chamber for two full, consecutive Assemblies since the late 
nineteenth-century . *' 

The Anglican clergyman was re-elected for his fourth and final term in 
1955. ''^ After retiring from political life in 1959, Davies resumed his work 
at St. George's. In this same year, he was appointed Archdeacon of Essex 
and received a Doctor of Divinity degree (honoris causa) from Huron 
College in London, Ontario. The former Speaker retired as rector of St. 
George's in 1963, but retained his title of rector emeritus until his death on 
30 December 1970 in Windsor, Ontario.*^ 



Notes 



'"Ven. Myrddyn Cooke Davies," Crockford's Clerical Directory, 1967-1968, 
Anglican Church of Canada Archives; Bishop Queen, "A parish priest with 
a wide variety of talents," Huron Church News, May 1970, Anglican Church 
of Canada Archives; and Kathleen Finlay, Speakers of the Legislative 
Assembly of Ontario, 1867-1984 (Toronto: Legislative Library, Research 
and Information Services, 1984), p. 102. 

^Queen, "A parish priest with a wide variety of talents," Huron Church 
News, May 1970, Anglican Church of Canada Archives. 

'Ibid. 



254 



Myrddyn Cooke Davies 

^After holding a founding convention in 1961, the Co-operative 
Commonwealth Federation became the New Democratic Party. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 117; and Ian MacPherson, "The 1945 Collapse of the C. C. F. in 
Windsor," Ontario History 61 (December 1969): 209-210. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario , p. 
117. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 83, 1st Session, 23rd Parliament 
(Toronto: Baptist Johnson, 1949), p. 5. 

«Ibid., pp. 153, 172, 179, 192, 197. 

'Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 85, 3rd Session, 23rd Legislature (Toronto: Baptist Johnson, 1951), 
pp. 6, 57, 165, 170, 171, 173, 174, 175, 209, 212, 254, 255, 267, 269, 
270, 274. 

^°Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 

86, 1st Session, 24th Parliament (Toronto: Baptist Johnson, 1952), p. 5. 

"Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 

87, 3rd Session, 24th Parliament (Toronto: Baptist Johnson, 1953), pp. 22, 
26, 31, 53, 58, 163. 

^%id., pp. 31, 40, 46, 50, 56, 59, 64, 73, 77, 87, 91, 95, 99, 108, 110, 
116, 129, 146, 148, 151, 154, 163. 

^^Graham White, The Ontario Legislature: A Political Analysis (Toronto: 
University of Toronto Press, 1987), p. 55. 

^'^Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 
117. 

*^"Ven. Myddryn Cooke Davies," Clerical Obituaries, Canadian Churchman, 
February 1971; Queen, "A parish priest with a wide variety of talents," 



255 



Myrddyn Cocke Davies 



I Huron Church News, May 1970, Anglican Church of Canada Archives; and 



Finlay, Speakers of the Legislative Assembly, p. 103. 



256 



Alfred Wallace Downer 




Alfred Wallace Downer 
1955-1959 

Portrait by Kenneth Forbes 



Alfred Wallace Downer 



ALFRED WALLACE DOWNER 

Alfred Wallace Downer was born on 1 May 1904 at Lefaive's Comers, 
Ontario near Penetanguishine. The son of devout Anglican parents, he 
attended Cookstown Continuation School and Alliston High School. Sure of 
his religious vocation from an early age, Downer prepared for a career as a 
clergyman by later attending the University of Toronto and Wycliffe College. 
He graduated in 1930 and was ordained as a minister of the Anglican 
Church.^ 

From the time of his ordination. Downer devoted his energy to the spiritual 
well-being of his parishioners. His first religious appointment was as curate 
of the parish of Erin and Cataract; he later served as rector of the Church of 
the Epiphany in rural Scarborough until 1935.^ While pursuing his spiritual 
interests, Downer was also concerned with temporal matters during this 
period. In 1929, he unsuccessfully campaigned in the provincial general 
election as the Conservative candidate for the riding of Wellington 
Northeast.^ Moving to Duntroon, Ontario to serve as the vicar for that 
parish in 1935 did not dull the clergyman's interest in politics. The general 
election of 1937 saw Downer contest and win the constituency of Dufferin- 
Simcoe, becoming one of only 23 Conservatives to be returned to the 
House.'* 

'Downer interrupted his legislative career in 1941 to serve as chaplain with 
the Queen's York Rangers who were stationed in North Africa and Italy 
during the next four years. Although Captain Downer was overseas during 
the provincial election of 1943, his wife campaigned in his place and 
managed to hold the seat with the seat with a plurality of 53 per cent.^ In 
this same election, the voters of Ontario did not give any one political party 
a clear majority and Premier Drew managed to put together a minority 
government allying with the Liberals. The 34 CCF and 15 Liberals created 
a fractious House. To buttress this minority situation. Conservative leader 
George Drew asked the reluctant Downer to forgo the European battlefield 
for the legislative battlefield. A loyal party man. Downer returned to the 
Assembly and re-joined the Tory backbenches.^ 

Downer was returned to the House in each of the three subsequent elections 
in 1945, 1948 and 1951. During this period, he served on several of the 
Assembly's Standing Committees, including those concerned with Education, 
Labour and Public Accounts.^ In 1952, he was elected chairman of the 
Committees of the Whole House.' When he was returned to the House in 



257 



Alfred Wallace Downer 



1955, however, the member for Dufferin-Simcoe acquired a more significant 
responsibility. A substantial Conservative majority allowed Premier Frost 
to nominate one of his backbenchers for the Speakership. Thus, on 8 
September 1955 the Reverend Downer was named to the Chair.' 

Although Downer only held the office of Speaker for a single term, he 
presided over a Chamber that dealt with issues ranging from the arts to social 
justice. For example, during the Assembly's fourth session, an act to 
provide for the incorporation of the Stratford Shakespearean Festival 
Foundation of Canada was introduced and passed.'" An Act to establish the 
Ontario Anti-discrimination Commission was put forward in the Assembly on 
12 March 1958 and was promptly ratified by the members. An anti- 
discriminatory educational programme was outlined in the following 
session. '^ A motion to establish a government fund in aid of impoverished 
students who desired to "continue their education beyond secondary school" 
was passed in 1957. Although such a system was forecast in the 1958 throne 
speech, no such legislation was introduced in the House in the course of this 
parliament.'^ It was also during Downer's Speakership that the act to 
incorporate Toronto's York University was enacted by the Legislature." 

Upon his re-election in 1959, Downer returned to the government 
backbenches. In the following year, he was appointed as a Commissioner on 
the Liquor Control Board. He held this appointment for more than 16 years 
and, during this time, devoted special attention to the prevention of 
alcoholism.''* The Anglican clergy man was one of seven men nominated 
for the leadership of Ontario's Conservative party in 1961. Although not 
considered a "leading candidate," Downer was not eliminated from the 
contest until the third ballot.'^ After the Toronto convention, the 
Conservative legacy passed to the new leader, John P. Robarts. As a 
consequence, the ideological distance between Downer ~ a member of the 
party's old guard ~ and the new progressional element grew during the late 
1960s and early 1970s. 

Alfred Wallace Downer retired from provincial politics after he was unable 
to secure the Conservative nomination for Dufferin-Simcoe in 1975.'^ The 
former Speaker now resides in Collingwood, Ontario. 



258 



Alfred Wallace Downer 

Notes 



^Stanley Westall, "How big is Downer's congregation?" The Globe and Mail, 
26 September 1961; Scott Carmichael, "Premier Davis praises Downer," The 
Collingwood Enterprise-Bulletin, 30 June 1976; and Kathleen Finlay, 
Speakers of the Legislative Assembly of Ontario 1867-1984 (Toronto: 
Legislative Library, Research and Information Services, 1985), p. 104. 

Westall, "How big is Downer's congregation?" Globe and Mail, 26 
September 1961; and Finlay, Speakers of the Legislative Assembly, p. 104. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 134. 

%id.; Legislators and Legislatures of Ontario, vol. 3: 1930-1984, comp. 
Debra Forman (Toronto: Legislative Library, Research and Information 
Services, 1985), pp. 44-47; and Finlay, Speakers of the Legislative Assembly , 
p. 104. 

'Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 134; and Norman Webster, "A rare breed of MPP," Globe and Mail, 
18 July 1975. 

*Finlay, Speakers of the Legislative Assembly, p. 105. 

Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 79, 2nd Session, 21st Parliament 
(Toronto: T. E. Bowman, 1945), pp. 23-25; idem, Journals of the 
Legislative Assembly of the Province of Ontario, vol. 83, 1st Session, 23rd 
Parliament (Toronto: Baptist Johnson, 1949), pp. 26-28; and idem. Journals 
of the Legislative Assembly of the Province of Ontario, vol. 84, 2nd Session, 
23rd Parliament (Toronto: Baptist Johnson, 1950), pp. 20-22. 

Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 86, 1st Session, 24th Parliament (Toronto: Baptist Johnson, 1952), 
p. 31; and idem. Journals of the Legislative Assembly of the Province of 
Ontario, vol. 87, 2nd Session, 24th Parliament (Toronto: Baptist Johnson, 
1953), p. 4. 



259 



Alfred Wallace Downer 

Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 90, 1st Session, 25th Parliament 
(Toronto: Baptist Johnson, 1956), p. 5; and Forman, Legislators and 
Legislatures of Ontario, vol. 3: 1930-1984, p. 96. 

*°Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 92, 4th Session, 25th Parliament (Toronto: Baptist Johnson, 1959), 
pp. 15, 19, 34, 40, 58, 66, 79, 82, 166. 

'^See: Ibid., pp. 95, 127, 128, 154, 158, 171; and idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 93, 5th Session, 25th 
Parliament (Toronto: Baptist Johnson, 1959), p. 6. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 91, 3rd Session, 25th Parliament (Toronto: Baptist Johnson, 1957), 
pp. 13, 132, 144, 145, 146; and idem. Journals of the Legislative Assembly 
of the Province of Ontario, vol. 92, 4th Session, 25th Parliament, p. 5. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 93, 5th Session, 25th Parliament, pp. 30, 45, 51, 74, 90, 119, 125, 196. 

^'*" Legislature Speaker since 1955, Minister named to Liquor Board," Globe 
and Mail, 6 January 1960; and Finlay, Speakers of the Legislative Assembly, 
p. 106. 

^^For details of the 1961 Ontario Conservative Convention, see: 
A. K. McDougall, John P. Robarts: His Life and Government, Ontario 
Historical Studies Series (Toronto: University of Toronto Press, 1986), 
pp. 68-72; and The Canadian Annual Review for 1961, ed. J. Saywell 
(Toronto: University of Toronto Press, 1962), pp. 54-56. 

^^"Longest-sitting MPP loses nomination bid," Globe and Mail, 26 August 
1975; and Donald Grant, "What happened to Wally Downer?" Globe and 
Mail, 30 August 1975. 



260 



William Murdoch 




William Murdoch 
1960-1963 

Portrait by Kenneth Forbes 



William Murdoch 



WILLIAM MURDOCH' 

William Murdoch was born on 15 June 1904 in Leeds, England. In 1923 he 
left Britain to work as a harvest hand on the Canadian prairies. Though he 
had intended to stay in Canada only temporarily, Murdoch moved east after 
the harvest eventually settling in Harrow, southeast of Windsor, Ontario. 
There he worked first as a sharecropper on a tobacco farm and later as the 
proprietor of a poultry farm.^ 

Murdoch became actively involved in the social and political life of this 
predominantly rural area, and many of the local fraternal and business 
organizations counted the ftiture Speaker among their membership. In 1927, 
at the age of 22, Murdoch joined the King Edward Masonic Lodge. Over 
the years he would serve as the Lodge's Master and as District Deputy Grand 
Master of the Windsor District Lodge.^ A charter member of Harrow's 
Rotary Club, Murdoch also served as President of the village's Public 
Speaking Club. After Harrow's incorporation as a village in 1930, he served 
on the local school board and later, during the Depression years, on town 
council. Murdoch was also church organist at St. Andrew's Anglican 
Church from 1930 until 1945.'* 

In 1943, Murdoch turned his attention from local to provincial politics. In 
that year's general election, he campaigned as the Progressive Conservative 
candidate for the riding of Essex South. The voters of Essex South had not 
returned a Tory to the Assembly since 1929, and Murdoch's battle was a 
difficult one. Although he captured only 41.5 per cent of the popular vote, 
Murdoch defeated his Liberal and CCF opponents to win the seat.^ Upon 
his entrance to the House, the novice member was made Tory whip, an 
important position given that the Conservatives governed with a minority. 
In the course of the 21st parliament, the member for Essex South 
distinguished himself by serving on no fewer than six of the Assembly's 
Standing Committees: Standing Orders, Privileges and Elections, Education, 
Private Bills, Public Accounts, and Labour.^ 

Murdoch was returned to the Assembly by significantly increased majorities 
in 1945, 1948, 1951, and 1955.^ He enhanced his reputation for active 
participation in the business of the Assembly by serving on at least five 
Standing Committees during each of these parliaments.* During the course 
of the province's 25th parliament (1955-1959), the member for Essex South 
successfully lobbied the government to reconsider its plans to give Waterloo 
College and Queen's University powers to expropriate property for financial 



261 



William Murdoch 



reasons. Arguing that only elected bodies should have powers of 
expropriation, Murdoch continued his attack until Premier Leslie Frost 
announced that Attorney General Kelso Roberts would undertake an inquiry 
into the issue before any legislation was passed.' During this period, 
Murdoch also strongly urged that the government stop providing subsidized 
housing, stating that while "several years ago such housing projects filled a 
definite need ... the situation today is entirely changed."^" 

By 1959, Murdoch was growing restless: his influences among the 
Conservative members had steadily increased during his 16 years in office 
and he was ready to move on. He warned Premier Frost that if a promotion 
were not forthcoming he would resign his seat. An election was imminent 
and Frost had no desire to lose a steady member of his party. Encouraged 
by the offer of the Deputy Speakership in the next parliament, Murdoch ran 
in the June 1959 provincial general election. ^^ Despite a greatly decreased 
margin of support, the member for Essex South was returned to the 
Assembly.'^ 

When the House opened at Queen's Park on 26 January 1960, Murdoch was 
not appointed Deputy Speaker but rather was nominated for and elected to 
the Speakership itself, becoming the third member from the Essex County 
region to hold the Chair since 1939." Although he served only one term 
as Speaker, he presided over a Chamber that enacted several important pieces 
of legislation. It was during the 26th parliament that the acts of 
incorporation for Laurentian University in Sudbury and Trent University in 
Peterborough were debated and passed.^* On 9 March 1961, an act to 
impose a tax on retail sales in the province was introduced by the Chairman 
of the Treasury Board, James Noble Allan. The House passed the legislation 
within days.^^ 

One of the more interesting pieces of legislation presented to the House 
during Murdoch's term was that which, by amending the Representation Act, 
proposed the creation of an electoral constituency of Queen's Park. The 
"electors" of this constituency would be the members of the Legislative 
Chamber themselves and their "elected" representative, the Speaker of the 
House. While not passed due to the dissolution of the Legislature, this 
amendment ~ which would have provided for a permanent speakership 
independent of partisan influence -- foreshadowed the concerns expressed by 
the Camp Commission over a decade later."* 



262 



William Murdoch 



Even though Murdoch was not returned to the provincial Assembly in 1963, 
he did not withdraw from political life completely. ^^ In 1968, he 
campaigned for a seat on Amherstburg's town council in order "to keep in 
the swing of things."^' He remained in municipal politics until 1971 at 
which time he took a three year sabbatical to pursue other interests. In 1974, 
he returned to the town council for what would be his final political term. 
William Murdoch died on 28 April 1984. 



Notes 



^In the records of the King Edward Lodge, AF & AM in Harrow, Ontario— 
of which Murdoch was a member — his name is listed as James William 
Murdoch. 

^"William Murdoch," The Windsor Star, 1 June 1945; "Murdoch Speaker; 
now needs only House approval," The Windsor Star, 25 January 1960; and 
Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 107. 

^Membership Files, King Edward Lodge #488 (Harrow, Ontario), Grand 
Lodge of AF & AM (Ontario) Archives, Hamilton; and "Tory sums up vote: 
'Bill's alone again'," The Windsor Star, 12 June 1959. 

'*" William Murdoch," The Windsor Star, 1 June 1945; "Tory sums up vote: 
'Bill's alone again'," The Windsor Star, 12 June 1959; and Finlay, Speakers 
of the Legislative Assembly, p. 107. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 371. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative] 
Assembly of the Province of Ontario, vol. 78, 1st Session, 21st Parliament] 
(Toronto: T. E. Bowman, 1944), pp. 25, 28-29. 

Province of Ontario, Elections Ontario, Electoral History of Ontario, p. 
371. 



263 



William Murdoch 



^or more details, see: Province of Ontario, Legislative Assembly, Journals 
of the Legislative Assembly of the Province of Ontario, vol. 80, 2nd Session, 
22nd Parliament (Toronto: T. E. Bowman, 1946), pp. 25-28; idem. 
Journals of the Legislative Assembly of the Province of Ontario, vol. 83, 1st 
Session, 23rd Parliament (Toronto: Baptist Johnson, 1949), pp. 26-28; and 
idem. Journals of the Legislative Assembly of the Province of Ontario, vol. 
86, 1st Session, 24th Parliament (Toronto: Baptist Johnson, 1952), 
pp. 1820. 

^on O'Hearn, "Upsets plan for pushing land grab: government whip urges 
new caution in university bills," The Windsor Star, 8 March 1958. 

^°A1 Worby, "Wants province to vacate field: Houses go without tenants, 
MPP tells Essex Kinsmen," The Windsor Star, 6 November 1958. 

^^FM^y, Speakers of the Legislative Assembly, p. \0%. 

^^While his margins of victory had ranged from 52 to 64 percent in the 
previous four provincial general elections, Murdoch received only 50.8 
percent of the votes cast in the riding in 1959. 

See: Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 371. 

'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 94, 1st Session, 26th Parliament 
(Toronto: The Queen's Printer, 1960), p. 5; and "A County of Speakers, 
Murdoch third for area since 1939," The Windsor Star, 27 January 1960. 

^'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 94, 1st Session, 26th Parliament, 
pp. 53, 101, 109, 127, 128; and idem. Journals of the Legislative Assembly 
of the Province of Ontario, vol. 97, 4th Session, 26th Parliament (Toronto: 
Legislative Assembly, 1963), pp. 75, 91, 87, 110, 114, 159. 

''Idem, Journals of the legislative Assembly of the Province of Ontario, 
vol. 95, 2nd Session, 26th Parliament (Toronto: Frank Fogg, 1961), 
pp. 122, 132, 137, 159, 166. 

'*^ed Douglas, "British system believed suited to Legislature," Toronto Star, 



264 



William Murdoch 



15 February 1963; and Finlay, Speakers of the Legislative Assembly, pp. 
108-109. 

^^"Paterson ends Tory dominance," The Windsor Star, 26 September 1963; 
and "Premier praises Murdoch," The Windsor Star, 30 October 1963. 

"Jim McNulty and Otto Stein, "William Murdoch," Toronto Star, 9 October 
1976. 



1 



265 



Donald Hugo Morrow 




Donald Hugo Morrow 
1967 

Portrait by Kenneth Forbes 



Donald Hugo Morrow 



DONALD HUGO MORROW 

The 25th Speaker to preside over the Legislative Assembly of the Province 
of Ontario was bom in Winchester Springs, Ontario on 19 December 1908. 
After attending the local elementary school and Winchester and Chesterville 
High Schools, Donald Hugo Morrow went to Queen's University in 
Kingston, Ontario in preparation for a career in education. For 25 years - 
from 1929 to 1954 - he served as a teacher and later as a school principal 
with the Ottawa School Board. His career was interrupted between 1941 and 
1946, when he served as a lieutenant with the Canadian Army Infantry and 
later as a Flight Lieutenant with the Royal Canadian Air Force. ^ 

A provincial general election was called for the summer of 1948 and Morrow 
secured the Progressive Conservative nomination for the riding of Carleton. 
As a member of a family with strong Tory ties ~ his father had campaigned 
for John A. Macdonald ~ Morrow was the logical choice for candidate.^ 
Consequently, he was elected to the Assembly with a majority of almost 62 
per cent.^ During his first of eight consecutive terms in the Legislature, the 
freshman member served on several committees including the Standing 
Committees on Private Bills, Public Accounts and, not surprisingly. 
Education.'^ 

Morrow was returned to the House in 1951 as the member for Carleton and, 
in 1955 and 1959, as the member for the adjacent riding of Ottawa West.' 
Continuing in his role as backbencher, the former principal of Churchill 
Avenue Public School maintained a high profile, serving on and chairing 
several Legislative committees.^ Appointments to cabinet, however, seemed 
unattainable for Morrow during this period. In 1958, such a promotion 
seemed imminent but went instead to James Maloney, the Conservative 
member for Renfrew South who had been sent to the Assembly in 1956. In 
giving Maloney the appointment. Morrow later maintained. Premier Leslie 
Frost had not followed his own political good sense but acquiesced to the 
desires of the Bishop of Pembroke who wished to see the post go to an Irish 
Catholic from eastern Ontario.^ 

While his truculence may have cost him a cabinet portfolio, it did not hinder 
Morrow's appointment to other political offices. In July 1963, Premier John 
P. Robarts appointed Morrow head of the Ontario-St. Lawrence Development 
Commission, which operates provincial parks between Lancaster and 
Napanee.* The member for Ottawa West did not stay long in this part-time, 
$10,000-a-year post however. The provincial general election of September 



266 



Donald Hugo Morrow 



1963 had returned a substantial Conservative majority — 77 of 108 seats ~ 
and Premier Robarts was allowed the luxury of appointing one of his 
backbenchers to the Speakership. Perhaps to placate Morrow, who had been 
re-elected for a fifth term, Robarts offered him the chair during a telephone 
conversation before the opening of the Legislature. Morrow, who accepted 
the appointment the following day, would later admit that he "never had any 
aspirations to be Speaker" and was initially disinclined to take the position 
because of the regalia, ceremony and entertaining that are part and parcel of 
the Speakership.' On 29 October 1963, Donald Morrow became Speaker 
of the Legislative Assembly of Ontario.*" 

Morrow presided over a brief first session called for the express purpose of 
"passing a measure to provide for the making of loans to municipalities to 
assist in the financing of municipal capital works programmes."" With the 
Municipal Works Assistance Act passed, the Assembly focused its attention 
on other issues. During the course of Morrow's term in the Chair, several 
educational institutions received their acts of incorporation including Brock 
University and the Ontario Institute for Studies in Education.*^ In this 
parliament's third session, acts to provide for a provincial flag*^ and to 
impose "a tax on the consumers of tobacco"*'* were introduced an ratified 
by the members. 

The former teacher twice ruled on questions of issues that were subjudicBy 
that is, before the courts. Citing parliamentary practice and precedents. 
Morrow*^ chastised the members and ruled that "the Sub Judice rule will 
henceforth be strictly enforced, and the discussion of any matter pending 
before the courts will not be permitted." A similar situation arose early in 
the Assembly's fourth session. In March 1966, the Deputy Speaker had 
interrupted debate by noting that the point in question was sub judice and, 
therefore, not to be discussed in the House as it might prejudice the issue. 
The Deputy Speaker's ruling was questioned in the House and Morrow found 
it necessary to defend the ruling and to re-state his prior decision on the 
matter.*^ 

Morrow was returned to the Assembly but not to the Speaker's Chair in 
1967.*^ By 1971, he had begun to tire of politics but sought re-election 
after being persuaded to do so by Premier William Davis.** In 1975, he 
was elected to what would be his eighth and final term in the Legislature. 
The man who had served under five premiers came to be referred to as "the 
Dean of the Legislature" and was appointed to the Social Assistance Review 
Board in 1978. He continues to serve as a member of this board to this day. 



267 



Donald Hugo Morrow 



Notes 



* "Donald Hugo Morrow, MPP," Press Release, 1971; "Donald Hugo 
Morrow, B.A.," The Parliamentary Guide for the Province of Ontario 
(Toronto: King's Printer, 1951), p. 625; and Kathleen Finlay, Speakers of 
the Legislative Assembly of Ontario 1867-1984 (Toronto: Legislative 
Library, Research and Information Services, 1985), p. 1 10. 

^"Donald Morrow: Conservative," Ottawa Citizen, 18 October 1971. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 367; and Finlay, Speakers of the Legislative Assembly, p. 110. 

'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 83, 1st Session, 23rd Parliament 
(Toronto: Baptist Johnson, 1949), pp. 26-28. 

'Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 367. 

^See: Idem, Report of the Select Committee Appointed to Expend Any Sums 
Set Apart for Art Purposes in the Estimates of the Fiscal Year Ending March 
31, 7P50 (Toronto: The Committee, 1950); idQm, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 86, 1st Session, 24th Parliament 
(Toronto: Baptist Johnson, 1952), pp. 18-20; idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 91, 3rd Session, 25th 
Parliament (Toronto: Baptist Johnson, 1957), pp. 19-23; and idem. Journals 
of the Legislative Assembly of the Province of Ontario, vol. 94, 1st Session, 
26th Parliament (Toronto: Queen's Printer, 1960), pp. 24-27. 



^Ottawa Citizen, 1 November 1976, as quoted in Finlay, Speakers of the 
Legislative Assembly, p. 111. 



*"Don Morrow new head of parks commission," Ottawa Citizen, 25 July 
1963. 






268 



Donald Hugo Morrow 

^See: Interview with fonner Speaker Morrow by Bill Somerville, Legislative 
Broadcast and Recording Services, September 1990; "Morrow legislature 
Speaker," Ottawa Citizen, 18 October 1963; and Finlay, Speakers of the 
Legislative Assembly, pp. 1 1 1-1 12. 

^^rovince of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 98, 1st Session, 27th Parliament 
(Toronto: Legislative Assembly, 1964), p. 5. 

"Ibid., p. 1. 

'^dem. Journals of the Legislative Assembly of the Province of Ontario, 
vol. 98, 2nd Session, 27th Parliament (Toronto: Legislative Assembly, 
1964), pp. 6, 27, 77, 55, 114, 119, 123; and idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 99, 3rd Session, 27th 
Parliament (Toronto: Legislative Assembly, 1965), pp. 125, 132, 133, 160, 
182, 191. 

"Ibid., pp. 64, 72, 100, 111, 115. 

'%id., pp. 131, 137, 169, 172, 183, 191. 

''Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 98, 1st Session, 27th Parliament, pp. 29-30. 

'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 100, 4th Session, 27th Parliament, pp. 106-107. 

'^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 367; Jim Hayes, "Four years of silence by same old Morrow," Ottawa 
Citizen, 27 September 1967; and Jim Hayes, "Morrow scores runaway 
victory," Ottawa Citizen, 18 October 1967. 

'^Murray Wappler, "Morrow changes mind, he'll run for PCs again," Ottawa 
Citizen; and Finlay, Speakers of the Legislative Assembly, p. 112. 



269 



Frederick Mcintosh Cass 




Frederick Mcintosh Cass 
1968-1971 

Portrait by Cleeve Home 



Frederick Mcintosh Cass 



FREDERICK McINTOSH CASS 



Even a cursory study of the role played by the office of Speaker in the 
political agenda of the governing party reveals a few trends. For example, 
while perhaps not as coveted as an appointment to Cabinet, the Speakership 
has always carried a great deal of prestige, prompting some individuals - 
such as Allan Napier MacNab - to openly campaign for the position. A less 
evident trend is revealed in the fact that on at least two occasions the 
Speakership has been used by the party in power to assuage individual 
members who have been the victims of unwarranted political misfortune. In 
the period prior to Confederation in 1867, the best example of the 
phenomenon remains that of Henry Smith, Jr.; the case of Frederick 
Mcintosh Cass, however, provides a more recent example. 

Cass was born in Chesterville, Ontario, on 5 August 1913. The son of a 
prominent, small-town lawyer from eastern Ontario, he followed in his 
father's footsteps and studied at Osgoode Hall after graduating from Victoria 
College in 1933.^ He articled with the Toronto firm of Rogers and Rowland 
and was called to the Bar in 1936.^ Soon, Cass joined his father's practice 
in the town of Winchester, Ontario. 

Like many other Canadians, Cass volunteered for military duty during the 
Second World War. He served with the Stormont, Dundas and Glengarry 
Highlanders and was, at different times, stationed at the Canadian Military 
Headquarters in London, Italy and Belgium. After the War, Cass joined the 
newly formed Canadian Pacific Force but, having achieved the rank of 
major, retired from active duty shortly thereafter. Upon his return to civilian 
life, he resumed his interest in legal and administrative affairs. In 1950, he 
was appointed deputy magistrate for Grenville and Dundas Counties. He 
held this post until 1955, at which time he turned his attention to provincial 
politics.^ 

In this same year, Cass succeeded in getting the Progressive Conservative 
party's nomination for the newly formed riding of Grenville-Dundas. He 
won the seat easily with a plurality of 64 per cent.'* Cass' rise to political 
prominence was, by any standards, impressive. After three terms in the 
House, he was named to a Cabinet post by Premier Leslie Frost. On 
28 April 1958, he became the new Minister of Highways in the wake of a 
political scandal that had forced the resignation of three cabinet members - 
including his predecessor. It was under Cass' ministry that the demerit point 
system for Ontario drivers was introduced in 1959. Cass was returned to the 



270 



Frederick Mcintosh Cass 



House in 1959 and continued to hold the Highway portfolio until 8 
November 1961.' 

Cass' willingness to assume difficult jobs in politically trying times quickly 
earned him both a reputation as a trouble-shooter for Premier Frost and the 
nick-name of "The Fireman" because "he took on jobs that were under 
opposition criticism."** In 1961, Cass took his trouble-shooting abilities to 
the Ministry of Municipal Affairs where he promptly instigated an intensive 
auditing campaign of all municipalities.^ On the same day that he had been 
appointed to the Municipal Affairs portfolio, he succeeded Kelso Roberts as 
the second Attorney General under the new Premier, John Robarts. It has 
been suggested that by giving Cass this position, Robarts had hoped that he 
could exercise his organizational skills and could "restore political control to 
a department that seemed, from the point of view of the cabinet, to have 
been too lax in supervising its agencies."* In accepting the appointment, the 
new Attorney General inherited a multitude of unresolved and controversial 
matters, not the least of which was the impending Roach Commission report 
on organized crime. 

Shortly after assuming the portfolio, "The Fireman" came under fire in the 
House for his handling of the Ontario Police Commission,' the Ontario 
Securities Commission^" and the Coroner's Office. These problems were 
only precursors to what has been called, "the closest thing to a major scandal 
in the Robarts regime. "^^ In the course of the next few months, Cass' 
career as a member of the executive would slowly crumble. 

On 19 March 1964, Attorney General Cass introduced legislation which 
proposed to amend the Police Act. The now infamous Bill 99 was the 
government's response to the Roach Commission's request to allow the 
Police Commission to investigate organized crime. '^ Under the provisions 
of section 14 of the proposed legislation, the Ontario Police Commission ~ 
an administrative tribunal ~ would be given extraordinary powers to hold 
hearings in camera^ a right that even the highest courts could posses only 
under special circumstances.^^ The offending section did not sit well with 
Cass, who felt that it would allow the Police Commission to interfere with 
individual rights. However, after being assured by members of his ministry 



271 



Frederick Mcintosh Cass 



that such an abuse would not occur and that the individual's rights were, in 
fact, protected under the amendment, Cass declined to voice his fears in 
cabinet.^'* Thus, Bill 99 was presented to the House 

as a series of amendments ... to define 
more particularly the powers of the Ontario 
Police Commission, and to give it certain 
additional powers, particularly with respect 
to determining the adequacy of policing. ^^ 

It was only when Cass suggested that Bill 99 be discussed in the Committee 
of the Whole House rather than simply sent to committee, that the real 
trouble began. 

Once aware of the contents of the proposed amendment, opposition members 
and the press pounced on Bill 99, calling it police state legislation.*** The 
Attorney General only fuelled the flames when he stated in a television 
interview with the Canadian Broadcasting Company that the bill was 
"drastic," "dangerous . . . and it is terrible legislation in an English common 
law country."*^ With the rising tide of opposition and controversy 
surrounding Bill 99, Premier Robarts - who had initially supported the 
legislation - had no choice but to withdraw Bill 99. Under pressure from 
Premier Robarts, who held him responsible for the fiasco, as well as growing 
popular opinion, Cass resigned as Attorney General on 23 March 1964.** 

After this incident, Cass moved to the Conservative backbenches until his re- 
election to the Assembly in 1967. When the House convened on 14 
February 1968, the former Attorney General became Speaker of the 
Legislative Assembly.*' Paralleling Henry Smith's election to the Chair in 
1858, several members suggested that Cass' appointment to the Speakership 
was "a symbolic salve applied to an old political wound. "^ Many 
backbenchers felt the position rightftilly belonged to Leonard Reilly, who had 
served as Deputy Speaker during the previous two legislatures. Despite the 
difference of opinion, Frederick Cass was elected to the office of Speaker on 
14 February 1968. 

Cass acquitted himself well during his term as Speaker. His term in the 
Chair was marked by raucous debates. Yet, in addition to coping with a 
rather boisterous and at times hostile membership,^* Speaker Cass was 
asked to rule on several issues including the right of television to broadcast 
committee hearings on controversial issues such as rent review.^ Perhaps 



272 



Frederick Mcintosh Cass 



the most intriguing of his rulings, however, concerned his decision to restrain 
the members from using the word "why" when beginning ministerial 
questions. The Speaker maintained that "questions beginning with the word 
'why' were usually not aimed at soliciting information from cabinet 
ministers, but at giving the questioner an opening to catalogue his complaints 
about the government. "^ 

In 1971, Cass retired from politics stating that he wanted no part of the 
"political ferment" he saw brewing among Ontario's Progressive 
Conservatives.^ Shortly thereafter, the former Speaker and Attorney 
General returned to Winchester, Ontario to resume his legal practice. 



Notes 



^Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 113. 

^Barristers' Rolls, Law Society of Upper Canada Archives, Osgoode Hall. 

^Finlay, Speakers of the Legislative Assembly, p. 113. 

"^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 77. 

^Legislators and Legislatures of Ontario , vol. 1: 1792-1866, comp. Debra 
Forman (Toronto: Legislative Library, Research and Information Services, 
1985), p. xli; Province of Ontario, Ministry of Transportation, "Ontario 
Ministry of Transportation Ministers and Deputy Ministers: A Chronology"; 
and idem, "Our First 75 Years: Transportation Highlights," Pamphlet. 

^Toronto Star, 30 December 1970. 

Gorman, Legislators and Legislatures of Ontario, vol. 1: 1792-1866, 
p. xliv; and Finlay, Speakers of the Legislative Assembly, p. 113. 



273 



Frederick Mcintosh Cass 

*A. K. McDougall, John P. Robarts: His Life and Government, Ontario 
Historical Studies Series (Toronto: University of Toronto Press, 1986), 
pp. 63, 76, 91, 116. 

'See: Dahn D. Higley, O. P. P.: The History of the Ontario Provincial 
Police Force (Toronto: The Queen's Printer, 1984), p. 410; and McDougall, 
John P. Robarts: His Life and Government, pp. 116-126. 

^"McDougall, John P. Robarts: His Life and Government, p. 118, 145-146. 

"Claire Hoy, Bill Davis: A Biography (Toronto and New York: Methuen, 
1985), p. 43. 

^^Donald C. MacDonald, The Happy Warrior: Political Memoirs, with a 
forward by Desmond Morton (Toronto: Fitzhenry and Whitside, 1988), pp. 
139-141; and Jonathan Manthorpe, The Power and the Tories: Ontario 
Politics - 1943 to the Present (Toronto: Macmillan, 1974), p. 66. 

^'See: Alan W. Mewett, "The Ontario Police Act, 1964," The University of 
Toronto Law Journal, vol. 16 (1965-1966): 184-185; and KenLefolii, "The 
Holy War to Destroy Bill 99," Maclean's (14 July 1964): 11-12. 

^'^McDougall, John P. Robarts: His Life and Government, p. 119; and 
Lefolii, "The Holy War to Destroy Bill 99," pp. 13, 37-38. 

^^McDougal, John P. Robarts: His Life and Government, p. 120. 

'^Mewett, "The Ontario Police Act, 1964," p. 185; McDougall, John P. 
Robarts, p. 122; and Ralph Hyman, "Cass in the Spotlight," Globe and Mail, 
21 March 1964. 

"See: Hoy, Bill Davis: A Biography, pp. 43-44; and McDougall, John P. 
Robarts, p. 121. 

"See: Frederick Cass to John P. Robarts, letter, 23 March 1964, Political 
Files, John P. Robarts Papers, Archives of Ontario; Manthorpe, The Power 
and the Tories, p. 67; McDougall, John P. Robarts, pp. 123-126; and 
Lefolii, "The Holy War to Destroy Bill 99," pp. 38-41. 

''Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 102, 1st Session, 28th Parliament 
(Toronto: Legislative Assembly, 1968), p. 5. 

274 



Frederick Mcintosh Cass 



^inlay, Speakers of the Legislative Assembly, p. 114. 

^^ Arthur Brydon, "The House referee handles a hectic game," Globe and 
Mail, 4 December 1968; Province of Ontario, Legislative Assembly, 
Journals of the Legislative Assembly of the Province of Ontario, vol. 102, 
2nd Session, 28th Parliament, p. 169; and Finlay, Speakers of the Legislative 
Assembly, pp. \14-115. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 103, 2nd Session, 28th Parliament 
(Toronto: Legislative Assembly, 1970), p. 69. 

^Michael Lavoie, "Speaker Cass, 57, retiring to escape 'political ferment'," 
Toronto Star, 30 December 1970; and Finlay, Speakers of the Legislative 
Assembly, p. 115. 

^Lavoie, "Speaker Cass, 57, retiring," Toronto Star, 30 December 1970. 



275 



Allan Edward Reuter 



Allan Edward Reuter 
1971-1974 

Portrait by Richard Miller 



Allan Edward Reuter 



ALLAN EDWARD REUTER 



Allan Edward Reuter was born on 9 August 1914 in Preston, Ontario. The 
eldest of six children, he left school after grade nine to help support his 
family. At the age of 16, Reuter became an office boy in a local shoe 
factory. An ambitious man, by the time he enlisted in the Navy during 
World War II, Reuter had worked his way up to office manager.^ 

Upon his return from active duty in 1946, Reuter established himself as a 
public accountant in Preston and over the next decade become an expert in 
the field of bankruptcy. In fact, it was this reputation that led him to local 
politics. On the encouragement of friends, Reuter ran for alderman in 
Preston's 1959 municipal election. "With my experience as a bankruptcy 
trustee," Reuter said, "I thought I could make a contribution, so I ran."^ 
The voters of Preston concurred and elected Reuter to the first of three terms 
as alderman. During this period he created Preston's first five-year capital 
spending forecast, although such financial planning was not required by the 
province.^ In 1962, he successfully campaigned for the office of Mayor. 

Reuter made the transition from municipal to provincial politics in 1963. 
With only a few months remaining in his term as Mayor of Preston, he 
secured the Progressive Conservative nomination for the riding of Waterloo 
South and won the seat by a margin of nearly 3 to 1."* The freshman 
member for Waterloo South distinguished himself in the course of the 
province's 27th parliament by serving on several Standing Committees, 
including those on Government Commissions and Public Bills.' It was as 
Chairman of the latter that Reuter came to the attention of Premier John 
Robarts.* 

After Reuter's return to the Assembly in 1967, Robarts appointed him 
Deputy Speaker and Chairman of the Committees of the Whole House. 
Reuter held these appointments for the duration of the 28th parliament, from 
1968 to 1971.^ The member for Waterloo South also brought his legislative 
experience to bear as a member of the Assembly's Standing Committee on 
Natural Resources and Tourism.* 

When the 29th Legislature convened at Toronto on 13 December 1971, Allan 
Reuter was elected its Speaker.' The appointment did not come as a 
surprise for Reuter -- Deputy Speakers were frequently elevated to the Chair 
-- but it did confront him with a serious decision. In 1970 he had considered 
retiring from politics due to declining health. Diabetic and suffering from 



276 



Allan Edward Reuter 



emphysema, he presided over a Chamber that had the reputation of being the 
most boisterous in the country and this may have endangered his health. 
Indeed, Reuter had even purchased a cottage from former Speaker Norman 
Hipel in preparation for his retirement. He was given a clean bill of health, 
however, and accepted the nomination becoming the 28th individual to 
preside over the Legislative Assembly of Ontario.^" 

Reuter*s tenure in the Chair was significant both in terms of legislation and 
administration. It was during the province's 29th parliament that a 
proliferation of government administrative departments occurred.** In the 
course of the following two sittings, members passed acts establishing the 
Ministry of Industry and Tourism,*^ the Ministry of Natural Resources,'^ 
the Ministry of the Solicitor General,*'* the Ministry of Housing,*' and the 
Ministry of Energy.*^ It was also during Reuter's Speakership that Ontario 
Place's act of incorporation was enacted*^ and that legislation to provide for 
the administration of the Ontario Health Insurance Plan by the Ontario Health 
Insurance Commission was introduced and passed.** 

Reuter's two precedent-setting actions as Speaker in the unruly Chamber both 
involved parliamentary discipline. On 23 June 1972, Reuter ordered the 
ejection from the Chamber of two Opposition members within the span of 20 
minutes. Since Confederation, no Speaker had taken such drastic action to 
restore order to the House.*' On 14 December 1973 he was again forced 
to take action and suspended debate over legislation to settle a teacher's 
dispute. Later stating that "it would take a half-hour to cool this one out," 
Reuter's actions allowed decorum to return to the Chamber and debate 
resumed.^ 

Perhaps the most important event of Reuter's Speakership was the 
appointment of the Ontario Commission on the Legislature, more commonly 
referred to as the Camp Commission. On 9 June 1972 Premier William 
Davis moved that 

a Commission be appointed to study the 
function of the Legislative Assembly with a 
view to making such recommendations as it 
deems advisable with respect thereto, with 
particular reference to the role of the Private 



277 



Allan Edward Reuter 



Members and how their participation in the 
process of Government may be 
enlarged . . .^^ 

The resolution was unanimously passed and, shortly thereafter, the 
Commission began its inquiries. The Commissioners explored more general 
concern for "the decline of the Legislature as an institution of unchallenged 
strength and independence."^ Tabled in May 1973, the Camp Commission's 
first report pointed to the erosion of the Speaker's powers as a major factor 
in the decline of the Legislature and suggested that the Speakership be 
removed completely from any dependence on the Ministry of Government 
Services.^ 

The Commission's second report, brought before the House seven months 
later, outlined an administrative scheme that would allow the Legislature to 
meet its own needs while ensuring the Speaker's independence and 
authority.^ The Commission recommended the creation of a new 
administrative entity: the Office of the Legislative Assembly in which the 
Speaker would be the Chief Administrative Officer of the Assembly and thus 
responsible for policy and operations. The Speaker would be assisted in his 
administrative duties by the Clerk of the House and the Director of 
Administration.^ The Commission also concluded that "recognition of the 
Speaker as head of the Legislature should be expressed in the order of 
precedence in Ontario." Consequently, the Speaker was raised in precedence 
to rank fourth in the Ontario government's political hierarchy.^ 

During a late-night sitting on 21 December 1973, Reuter collapsed in the 
Chair and was taken to hospital. He returned to the Legislature and to the 
Speakership in the spring of 1974 but left the more onerous aspects of the 
position to the care of Deputy Speaker Russell Rowe. On 22 October 1974, 
Reuter resigned the Speakership and Rowe was elected to the Chair.^^ 

Reuter resumed his seat on the government backbenches following his 
resignation. In 1975, he chose not to seek re-election but to return to private 
life. Allan Edward Reuter died at Cambridge Memorial Hospital on 31 
December 1982. Following a memorial service at St. Paul's United Church, 
the former public accountant and politician was buried in Cambridge, 
Ontario.^ 



278 



Allan Edward Reuter 



Notes 



'"Former alderman steps up to Speaker," Kitchener-Waterloo Record^ 
9 December 1971; "Ex-Speaker of Legislature made history," Globe and 
Mail, 4 January 1983; and Kathleen Finlay, Speakers of the Legislative 
Assembly of Ontario, 1867-1984 (Toronto: Legislative Library, Research 
and Information Services, 1985), p. 116. 

^"Former alderman steps up to Speaker," Kitchener-Waterloo Record, 
9 December 1971; and "Allan Reuter was Speaker of Ontario Legislature 

3 years," Toronto Star, 4 January 1983. 

^Gerald Wright, "Illnesses plague Reuter," Kitchener-Waterloo Record, 
12 March 1981. 

'*" Allan Reuter still Mayor," Cambridge Reporter, 26 September 1963; and 
Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 423. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 98, 2nd Session, 27th Parliament 
(Toronto: Legislative Assembly, 1964), pp. 21-23. 

^" Allan Reuter was Speaker of Ontario Legislature 3 years," Toronto Star, 

4 January 1983; and Finlay, Speakers of the Legislative Assembly, p. 116. 

'See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 102, 1st Session, 28th Parliament 
(Toronto: Legislative Assembly, 1968), p. 6; idem, Journals of the 
Legislative Assembly of the Province of Ontario, vol. 105, 4th Session, 28th 
Parliament (Toronto: Legislative Assembly, 1971), p. 16; and Finlay, 
Speakers of the Legislative Assembly, p. 116. 

*Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 102, 1st Session, 28th Parliament, p. 20. 

Idem, Journals of the Legislative Assembly of the Province of Ontario, 



279 



Allan Edward Renter 



vol. 106, 1st Session, 29th Parliament (Toronto: Legislative Assembly, 
1971), p. 6. 

^*^om Mills, "200 attend light-hearted send-off for Reuter," Cambridge Daily 
Reporter, 29 April 1976; "Former alderman steps up to Speaker," Kitchener- 
Waterloo Record, 9 December 1971; and "Dogged by ill-health House 
Speaker Reuter will probably resign," Globe and Mail, 16 October 1974. i 

"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 106, 1st Session, 29th Parliament, | 
pp. 10, 19, 22, 25. 

^^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 106, 2nd Session, 29th Parliament (Toronto: Legislative Assembly, 
1972), pp. 29, 40, 43, 44. 

'%id., pp. 29, 43, 44. 

''Ibid., pp. 29, 41, 43, 44. 



'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 107, 3rd Session, 29th Parliament (Toronto: Legislative Assembly, 
1974), pp. 133, 154, 155, 160. 



'%id., pp. 102, 111, 114, 131. 

'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 106, 2nd Session, 29th Parliament, pp. 63, 78, 79, 83. 

'^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 106, 1st Session, 29th Parliament, pp. 9, 10, 12, 25. 

'^dem. Journals of the Legislative Assembly of the Province of Ontario, 
vol. 106, 2nd Session, 29th Parliament, pp. 135, 141, 162; "Allan Reuter 
was Speaker of Ontario Legislature 3 years," Toronto Star, 4 January 1983; 
and Finlay, Speakers of the Legislative Assembly, p. 117. 

^"Reuter plays his guitar to get away from political hassle," Kitchener- 
Waterloo Record, 25 February 1974; and Finlay, Speakers of the Legislative 
Assembly, p. 117. 



280 



1 



Allan Edward Reuter 



^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 106, 2nd Session, 29th Parliament, 
p. 117. 

^Donald C. MacDonald, "Modernizing the Legislature," The Government 
and Politics of Ontario, ed. Donald C. MacDonald, 2nd Ed. (Toronto: Van 
Nostrand Reinhold, 1980), p. 83. 

^See: Province of Ontario, Ontario Commission on the Legislature, First 
Report of the Ontario Commission on the Legislature, May 1973 (Toronto: 
The Conmiission, 1973), pp. 18-19, 61. 

^Idem, Second Report of the Ontario Commission on the Legislature, 
December 1973 (Toronto: The Commission, 1973), pp. 4-8. 

^Ibid., pp. 10-11. 

^Ibid., p. 11. -' 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 108, 4th Session, 29th Parliament 
(Toronto: Legislative Assembly, 1975), pp. 133; Mills, "200 attend light- 
hearted send-off for Reuter," Cambridge Daily Reporter, 29 April 1976; 
"Dogged by ill-health. House Speaker Reuter will probably resign," Globe 
and Mail, 16 October 1974; and Finlay, Speakers of the Legislative 
Assembly, p. 118. 

^^Linda Jary, "Reuter highly regarded," Cambridge Daily Reporter, 
3 January 1983; "Allan Reuter was Speaker of Ontario Legislature 3 years," 
Toronto Star, 4 January 1983; and Finlay, Speakers of the Legislative 
Assembly, p. 118. 



281 



Russell Daniel Rowe 




Russell Daniel Rowe 
1974-1977 

Portrait by Richard Miller 



Russell Daniel Rowe 



RUSSELL DANIEL ROWE 



Russell Daniel Rowe was born in Campbellford, Ontario, on 1 December 
1914. The future Speaker of the Legislative Assembly attended 
Campbellford High School and Queen's University in Kingston where he 
studied English and Mathematics. Rowe pursued a variety of careers before 
entering the provincial Assembly. During World War II, he served with the 
Royal Air Force and held the rank of Flying Officer. Upon his return from 
Europe, he became a teacher and, later, a stockbroker.^ 

With little prior political experience behind him, Rowe campaigned as the 

Progressive Conservative candidate for the riding of Northumberland in the 

1963 provincial election, winning with 55 per cent of the vote.^ After 

taking his seat in the Assembly, the freshman member immersed himself in 

H the business of the House and served on several committees including that 

" concerned with Education, Health and Welfare.^ Rowe was returned to the 

. Assembly in 1967 and, during the 28th parliament, he held memberships in 

H the Standing Committees on Agriculture and Food, and University Affairs.'* 

The Conservative backbencher undertook yet another responsibility. In the 

■ Assembly's fourth session on 2 April 1971, he was appointed Deputy 
Chairman of the Committees of the Whole House.^ 
The member for Northumberland easily secured his re-election in October 
1971.^ When the Legislature convened on 13 December 1971, Rowe was 
given the double honour of being appointed Deputy Speaker and Chairman 
of the Committees of the Whole House.^ However, it was as Chairman of 
the Select Committee on Economic and Cultural Nationalism that Rowe 
distinguished himself as a political "straight shooter" and, by his own 
admission, received a form of "training" that would later serve him as 
Speaker.* 

Appointed in December 1971 by Premier William Davis, the Committee was 
directed "to inquire into the status of opinion and information regarding 

» cultural as well as economic nationalism."' In the next four years, the 
Committee travelled extensively throughout Canada and the world, tabling 
the results in two final reports. '° It proposed that government take a more 
dominant role in the promotion and preservation of Canada's diverse 
cultures. The reports also asked the government to address the relationship 
between the underdevelopment of Canadian industry and foreign 
ownership.^* While he agreed with the recommendations contained in the 
report on economic nationalism, Rowe dissented ft"om the report on cultural 



282 



Russell Dcmiel Rowe 



nationalism, stating that "the committee's recommendations tend to be too 
selfish and nationalistic."'^ 

Unfortunate circumstances brought Rowe to the Speaker's Chair. On 22 
October 1974, continuing ill-hejdth forced Speaker Allan Reuter to resign, 
necessitating the election of a new Speaker.'^ As the Deputy Speaker for 
several previous sessions, Rowe was "the logical one to step up."'* 
Consequently, on 22 October 1974 the member for Northumberland became 
the 29th Speaker to preside over Ontario's legislature since Confederation. '^ 

Rowe was the first Speaker to be affected by the implementation of 
recommendations of the second report of the Ontario Commission on the 
Legislature, commonly referred to as the Camp Commission. In response 
to recommendations for a more independent legislature, the Office of the 
Speaker was elevated to a level equal to that of a cabinet minister and 
accorded a place in the order of precedence following the Lieutenant- 
Governor, the Premier and the Chief Justice of the Supreme Court of 
Ontario. Fewer than two months after Rowe's election to the Chair, the 
Office of the Legislative Assembly was established. '** As provided for in 
the Legislative Assembly Act, 1974, the new Office of the Assembly assumed 
the administration of the Legislature formerly held by the Ministry of 
Government Services.'^ As a consequence of this event, the Speaker took 
on the added responsibility of being First Administrative Officer of the 
Legislature.'^ 

Rowe's first term as Speaker lasted only four months. Unlike many of his 
Conservative colleagues, he was returned to the House in the provincial 
general election of 1975.'^ When the results of this election were known, 
it was clear that three decades of Conservative rule in Ontario had come to 
an end. When the House convened in Toronto on 28 October 1975 the NDP 
with 38 seats became the official Opposition. The Conservatives held just 
51 of the 125 sets -- 23 fewer that the NDP and Liberals combined.^ 
Although his ability to control what was bound to be a boisterous Assembly 
was questioned, Rowe was elected to a second term as Speaker.^' 

Although debate in the House became more unruly as the sessions 
progressed, perhaps the most interesting event of Rowe's second term in the 
Chair occurred not on the floor of the House but on the steps of the 
Legislature. On 28 October 1975 - the day on which parliament opened - 
a demonstration on the steps of Queen's Park by the Union of Injured 
Workers turned violent and a 15 minute melee between the demonstrators 



283 



Russell Daniel Rowe 



and police ensued.^ Four men were injured in the clash and, as a 
consequence, the office of the Speaker was requested 

... to undertake a ftill investigation to 
determine, specifically, whether excessive 
force may have been used, inadvertently or 
otherwise, by any Police Officers or 
members of the Ontario Government 
Protective Service . . .^ 

After the investigation it was decided that the Speaker should issue new 
security guidelines for demonstrations held outside of the Legislature as 
provided for under Section 94 of the Legislative Assembly Act. These new 
guidelines stated that to reduce the risk of injury to innocent bystanders, 
protestors would be prohibited from coming within 30 feet of portico area of 
Queen's Park.^ 

Fewer than two years later, another provincial general election was called 
and another Conservative minority government was returned. Rowe was 
elected to an unprecedented third term as Speaker, but frustrated by the 
acerbity of the members, resigned the Chair on 17 October 1977.^ For the 
remainder of the 31st parliament, he resumed his seat and duties as the 
member for Northumberland. Stating that the time had arrived to "step aside 
and allow a younger person to assume the responsibility," Rowe retired from 
provincial politics before the 1980 general election.^ 

After his retirement from the Legislature, the former Speaker remained 
active in politics. In 1983, he was named a member of the Liquor Control 
Board of Ontario. Russell Daniel Rowe continues to reside in Cobourg, 
Ontario. 



Notes 



'Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 119; and "Hon. Russell D. Rowe confirmed as Northumberland P.C. 
candidate," Campbellford Herald, 27 August 1975. 



284 



Russell Daniel Rowe 



Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records^ comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, '■ 
1985), p. 441. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 98, 1st Session, 27th Parliament 
(Toronto: Legislative Assembly, 1963), pp. 21-23. 

"^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 102, 1st Session, 28th Parliament (Toronto: Legislative Assembly, 
1968), pp. 19-20. 

^Idem, Journals of the Legislative Assembly of the Province of Ontario, 
vol. 105, 4th Session, 28th Parliament (Toronto: Legislative Assembly, 
1971), p. 16. 

^In the provincial general election of 21 October 1971, Rowe was returned 
to the Assembly with 54 per cent of the popular vote in the riding of 
Northumberland. See: Province of Ontario, Elections Ontario, Electoral 
History of Ontario, p. 441. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 106, 1st Session, 29th Parliament 
(Toronto: Legislative Assembly, 1971), p. 8. See also: Idem, Journals of 
the Legislative Assembly of the Province of Ontario., vol. 106, 2nd Session, 
29th Parliament (Toronto: Legislative Assembly, 1972), p. 13. 

*Finlay, Speakers of the Legislative Assembly, p. 119; and interview with 
former Speaker Rowe by Bill Sommerville, Legislative Broadcast and 
Recording Services, September 1990. 

Province of Ontario, Select Committee on Economic and Cultural 
Nationalism, Final Report of the Select Committee on Economic and Cultural 
Nationalism: Cultural Nationalism, R. D. Rowe, Chairman (Toronto: The 
Committee, 1975), p. 1. 

^"Separate reports were tabled on economic and on cultural nationalism. 

"For a more detailed account of the Select Committee's recommendations, 
see: Province of Ontario, Select Committee on Economic and Cultural 



285 



Russell Daniel Rowe 

Nationalism, Final Report of the Select Committee on Economic and Cultural 
Nationalism: Cultural Nationalism, 1975 (Toronto: The Committee, 1975), 
pp. 12-212; and idem, Final Report of the Selea Committee on Economic 
and Cultural Nationalism: Economic Nationalism, 1975 (Toronto: The 
Committee, 1975), pp. 24-32. 

'^"Agencies Shocked by Rowe Report," Marketing, 79 (14 October 1974): 
1; and Province of Ontario, Select Conmiittee on Economic and Cultural 
Nationalism, Interim Report: Advertising and the Advertising Industry, 1974 
(Toronto: The Committee, 1974), p. 9. 

"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 108, 4th Session, 29th Parliament 
(Toronto: Legislative Assembly, 1975), p. 133. 

^''Interview with former Speaker Rowe by Bill Sommerville, Legislative 
Broadcast and Recording Services, September 1990. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 108, 4th Session, 29th Parliament, 
p. 133. 

^^Finlay, Speakers of the Legislative Assembly, p. 119. 

'^See: Legislative Assembly Act, R. S. O. 1990, c. L.IO, ss. 87-92, 103. 

"For a more detailed discussion of the Ontario Commission on the 
Legislature and its recommendations, see: Province of Ontario, Ontario 
Conmiission on the Legislature, First Report of the Ontario Commission on 
the Legislature, May 1973 (Toronto: The Commission, 1973), p. 61; idem. 
Second Report of the Ontario Commission on the Legislature, December 1973 
(Toronto: The Conmiission, 1973), pp. 10-11, 33; Donald C. MacDonald, 
"Modernizing the Legislature," Government and Politics of Ontario, ed. 
Donald C. MacDonald, 2nd ed. (Toronto: Van Nostrand Reinhold Ltd., 
1980), pp. 81-87; and Graham White, The Ontario Legislature: A Political 
Analysis (Toronto: University of Toronto Press, 1989), pp. 9, 55, 62, 83, 
95, 96, 98, 112-113, 124, 158, 187, 193, 227-229. 

''Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 441. 



286 



Russell Daniel Rowe 



^inlay, Speakers of the Legislative Assembly, p. 120. 

^^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 110, 1st Session, 30th Parliament 
(Toronto: Legislative Assembly, 1975), pp. 5-6. 

^"Injured workers* protest halted by police," Toronto Star, 29 October 1975; 
and Tony Cote, "Punch-up at Queen's Park," Toronto Sun, 29 October 1975. 

^Province of Ontario, Legislative Assembly, Report by Hon. R. D. Rowe, 
Speaker, on the incident which took place outside the Legislature on October 
28, 1975, 14 November 1975 (Toronto: The Assembly, 1975), p. 1. 

^Ibid., pp. 5-6. 

^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. Ill, 1st Session, 31st Parliament 
(Toronto: Legislative Assembly, 1977), pp. 6, 50. 

^"Russell Rowe," Peterborough Examiner, 14 August 1980; and "Rowe 
won't run for re-election," Globe and Mail, 13 August 1980. 



287 



John Edward "Jack" Stokes 




John Edward "Jack" Stokes 
1977-1981 

Portrait by Lynn Donoghue 



John Edward "Jack" Stokes 



JOHN EDWARD "JACK" STOKES 

John Edward "Jack" Stokes was bom on 17 February 1923 in the northern 
town of Schreiber, Ontario, a railway community outside Thunder Bay. 
After attending local public and secondary schools, Stokes worked as a 
railway conductor for Canadian Pacific. In 1950, he became chairman of the 
Local Brotherhood of Railway Trainmen. He held this position for 12 years. 
It was during this period that he began his distinguished career in public life. 
In 1959, Stokes began a five-year term as Municipal Hydro Commissioner 
for the township of Schreiber, and in 1965 he became director of the local 
Credit Union. ^ 

In 1967, the year of Canada's centennial, Stokes took a leave of absence 
from his railway career to campaign as the New Democratic Party candidate 
for the newly created riding of Thunder Bay. With only 37 per cent of the 
popular vote he was elected to the Assembly, and on 14 February 1968, he 
took his seat in the Chamber. In his inaugural term, Stokes was appointed 
party whip, a position he held until his appointment as Deputy Speaker in 
1975.^ The member for Thunder Bay was returned to the House by a 
significantly improved majority in 1971.' As a member of the Assembly's 
Standing Committee on Natural Resources and Tourism (later renamed 
Resources Development Committee), Stokes championed issues related to the 
use of the north's abundance of natural resources in areas such as mining and 
lumbering.* 

The redistribution of political ridings in 1975 created the constituency of 
Lake Nipigon. More than 100,000 square miles of rugged northern Ontario 
terrain, this area stretched from the north shore of Lake Superior to the tip 
of Hudson Bay. The riding encompassed isolated mining, lumber and 
railway communities and native settlements that were physically and, at 
times, politically alienated from the province's political life at Queen's 
Park.^ It was for this riding that Stokes campaigned during the 1975 
provincial general election. He won the seat easily.^ 

When the province's 30th Legislature convened in Toronto on 28 October 
1975, the member for Lake Nipigon was appointed Chairman of the 
Committees of the Whole House and Deputy Speaker since Premier William 
Davis' minority government "did not have enough members to fill all of the 
positions for House officers and committee officers."' The 1977 provincial 
general election had seen Stokes and another Conservative minority returned 
to the House. The member for Lake Nipigon was again appointed Deputy 



288 



I 



John Edward 'Jack' Stakes 



Speaker. As Deputy Speaker, Stokes distinguished himself during sessions 
in which Speaker Russell Rowe was often absent for reasons of poor health.* 
When Rowe resigned the Chair during the 1st session of the 31st parliament 
his Deputy Speaker succeeded him. On 17 October 1977, Stokes became the 
first New Democratic member to be elected to the Chair and the second 
Speaker to come from Opposition benches.' 

Speaker Stokes presided over a politically tumultuous Assembly. The return 
of a Conservative minority ensured a government that faced regular 
challenges to its rule. On at least four occasions during Stokes' term in the 
Chair, the Opposition sought non-confidence motions on matters ranging 
from health insurance premiums, to public transit, to the economic conditions 
in the province. In spite of these attempts to bring the government down, the 
House did manage to enact several pieces of legislation. The 31st parliament 
saw passage of legislation to provide for compulsory auto insurance for 
Ontario's drivers ^° and to implement and to administer the Occupational 
Health and Safety Act}^ 

Stokes once remarked that his rigid schedule as a railway conductor provided 
"a pretty good foundation" for his term in the Chair. '^ Stokes maintained 
that it was "the responsibility of the Speaker to make sure that everybody has 
an opportunity to be heard."" To this end, he strove to return order and 
decorum to the House by limiting the time allowed to ask and to answer 
original and supplementary questions during the daily question period. 
Stokes thought such limits would "discourage the long preamble to the 
question, [and] the editorializing on both sides [of the House]. "*'* At times, 
however, this practice did not sit well with the members. Throughout his 
term, Stokes came under fire from all three parties for his frequent 
interruptions during questions and debates. In fact, Donald MacDonald, 
former leader of the Ontario New Democratic Party, stated that in order to 
"avoid any public appearance of discriminating in favour of the NDP," it was 
possible that Stokes was exhibiting an "undue firmness" towards his former 
caucus members. '^ Despite such allegations, however, it has been 
suggested that Stokes' term in the Chair did not damage the reputation and 
authority of the office but rather "raised expectations of the Speaker's 
impartiality."** 

In 1981, Stokes campaigned in what was his final provincial election. He 
was once again returned to the Assembly as the member for Lake 
Nipigon.*^ Five days later. Premier Davis informed Stokes that, upon the 
opening of the 32nd parliament, he would not be nominated for a second 



289 



John Edward "Jack" Stokes 



term in the Chair. With a majority in the House, Davis returned to the 
tradition of installing a member of the government party as Speaker. While 
many individuals expressed outrage at the Premier's treatment of Stokes,^* 
the former Speaker resumed his seat in the House and his role as NDP critic 
for Northern Affairs.*' 

Citing his wife's failing health and a desire to devote his ftill energies to 
native issues and to those of the Third World, Stokes retired from provincial 
politics in 1984. 



Notes 



'"Biography: Jack Stokes, MP? Lake Nipigon," New Democrats: Press 
Release, April 1913; and Kathleen Finlay, Speakers of the Legislative 
Assembly of Ontario, 1867-1984 (Toronto: Legislative Library, Research 
and Information Services, 1985), p. 121. 

interview with former Speaker Stokes by Bill Somerville, Legislative 
Broadcast and Recording Services, September 1990. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief Election Officer, 
1985), p. 484; and Legislators and Legislatures of Ontario, vol. 3: 1930- 
1984, comp. Debra Forman (Toronto: Legislative Library, Research and 
Information Services, 1985), p. 156. 

'^See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 102, 1st Session, 28th Parliament 
(Toronto: Legislative Assembly, 1968), pp. 19-20; idem. Journals of the 
Legislative Assembly of the Province of Ontario, vol. 106, 2nd Session, 29th 
Parliament (Toronto: Legislative Assembly, 1972), p. 17; and idem. 
Journals of the Legislative Assembly of the Province of Ontario, vol. 108, 4th 
Session, 29th Parliament (Toronto: Legislative Assembly, 1975), p. 16. 

^Finlay, Speakers of the Legislative Assembly, p. 121. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 484. 



290 



John Edward "Jack" Stokes 



Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 110, 1st Session, 30th Parliament 
(Toronto: Legislative Assembly, 1975), p. 10; interview with former 
Speaker Stokes by Bill Sommerville, Legislative Broadcast and Recording 
Services, September 1990; and "Stokes named Deputy Speaker, have to be 
more restrained," Thunder Bay Chronicle Journal, 29 October 1975. 

'Eric Dowd, "Speaker of the legislature overstepping his mandate," London 
Free Press, 29 March 1978. 

Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. Ill, 1st Session, 31st Parliament 
(Toronto: Legislative Assembly, 1977), p. 50; Graham White, The Ontario 
Legislature: A Political Analysis (Toronto: University of Toronto Press, 
1989), p. 55; Finlay, Speakers of the Legislative Assembly, p. 122; and 
"Arbiter Stokes: sometimes a hero, sometimes a bum," Thunder Bay 
Chronicle Herald, 10 November 1980. 

^"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 113, 3rd Session, 31st Parliament 
(Toronto: Legislative Assembly, 1979), pp. 186, 209, 219, 222, 223, 225. 

"Idem, Journals of the Legislative Assembly of the Province of Ontario, vol. 
112, 2nd Session, 31st Parliament (Toronto: Legislative Assembly, 1978), 
pp. 12, 13, 281, 283. 

^^Interview with former Speaker Stokes by Bill Somerville, Legislative 
Broadcast and Recording Services, September 1990. 

"Ibid. 

^*" Arbiter Stokes: sometimes a hero, sometimes a bum," Thunder Bay 
Chronicle Herald, 10 November 1980. 

'^Barbara Yaffe, "Ontario Speaker to keep tighter rein on MPPs," The Globe 
and Mail, 7 September 1978. 

**White, The Ontario Legislature: A Political Analysis, p. 55. 

*^rovince of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 484. 



291 



John Edward 'Jack' Stokes 



"See: Winsor, "A Chance to show class," The Globe and Mail, 14 April 
1981; Chris Silman, "High praise for Stokes," Thunder Bay Chronicle 
Journal, 24 April 1981; and "Stokes out as speaker; Foulds outraged by 
Davis' decision," Brodie Resource Library Collection. 

^'Finlay, Speakers of the Legislative Assembly, pp. 122-123. 



292 



John Melville Turner 




John Melville Turner 
1981-1985 

Portrait by Cleeve Home 



John Melville Turner 



JOHN MELVILLE TURNER 

Presiding over the province's Assembly can be troublesome for even the 
most experienced individual. The need to control what can be a boisterous 
Chamber and to rule on questions of procedure and points of order often 
demand that the Speaker consult both the established body of works on 
parliamentary procedure and his own knowledge of such issues. While the 
majority of Speakers are prepared for this eventuality through their 
experiences as Chairmen of House committees or as Deputy Speakers, such 
groundwork is not a prerequisite for the Chair. Indeed, the example of John 
Melville Turner provides an interesting look into the problems an uninitiated 
individual can face from the members when elected to the office of Speaker. 

Turner was born in Peterborough, Ontario on 24 September 1922. He 
attended Peterborough's Central Public School and Lakefield Preparatory 
School. Upon graduation, he enlisted with the Royal Canadian Air Force. 
By the time of his discharge in 1945, Turner had completed 34 trips over 
Europe as a gunner with the Bomber Command.' 

Upon his return from active duty in 1946, Turner devoted most of his 
attention to running the plumbing and heating business that had been 
established by his grandfather. It was also at this time that Turner received 
his first public appointment as a member of the Advisory Vocational 
Committee of the Peterborough Board of Education. The late 1960s and 
early 1970s saw the future Speaker become further involved in 
Peterborough's political and social life. Between 1969 and 1971 he served 
as a member of the Peterborough City Council, the County-City Health Unit, 
and the Board of Governors of the city's St. Joseph's General Hospital.^ 

In 1971, Turner resigned his municipal positions and secured the Progressive 
Conservative nomination for the provincial riding of Peterborough. Turner 
successfully campaigned for the seat and defeated the NDP incumbent with 
42.7 per cent of the popular vote.^ During his freshman term, the member 
for Peterborough served on the Legislature's Standing Committees on 
Procedural Affairs and Regulations.'* He was also appointed parliamentary 
assistant to the Provincial Secretary for Justice in 1974.^ 

Although he was not returned to the Assembly in 1975, Turner's political 
fortunes improved in 1977 when he managed to regain the seat from the 
NDP incumbent, Gillian Sandeman.** When he resumed his seat in the 
Assembly, Turner also resumed his participation in the daily business of the 



293 



I 



John Melville Turner 



House. In 1978, he was appointed parliamentary assistant to Dennis 
Timbrell, then Minister for Health. In the same year, Turner sat as a 
member of the Assembly's Select Conmiittee on Health-Care Financing and 
Costs.^ 

The province was sent to the polls in the spring of 1981 and returned a 
Conservative majority to the Assembly. Turner had little difficulty keeping 
his seat, defeating five other candidates.* In the previous parliament — a 
minority government - Jack Stokes, a member of the NDP, had presided 
over the Chamber. With the security of a majority government to back his 
decision. Premier William Davis followed the tradition of nominating an 
individual from his own backbenches for the position of Speaker. Only three 
days before the opening of the 32nd parliament, Davis telephoned Turner to 
offer him the Speakership. 

This proposal caught both Turner and the leaders of the opposition by 
surprise. Traditionally premiers consulted leaders of the opposition over the 
choice of a Speaker. In the case of Turner's nomination, however, 
opposition leaders were not informed of Davis' choice until the afternoon the 
new legislature was to open. Davis' unilateral action sparked protests from 
the Liberal and New Democratic leaders. Furthermore, Turner had never, 
in his parliamentary career, chaired a committee and had little experience in 
or knowledge of procedural matters.' Nonetheless, John Turner was elected 
to the Speakership when the Assembly convened on 21 April 1981.^° 

Turner's term in the Chair was a turbulent one, reflecting the fractious nature 

of the House. Early into the Assembly's first session this turbulence 

manifested itself in the daily debates and Speaker Turner ejected Liberal 

leader Stuart Smith following remarks he made in the course of an emotional 

and heated discussion of the Re-Mor Investment affair.'^ Similar actions 

involving NDP leader Michael Cassidy later in the same sitting raised 

questions about Turner's ability to control the House and his ftiture in the 
Chair.i2 

The most serious challenge to Speaker Turner came on 16 November 1981. 
On this date, the New Democratic party initiated a motion of censure against 
the Speaker on the critical issue of confidence. Turner had left himself open 
to this criticism when, some days earlier, he had presented cheques on behalf 
of the government in a Liberal riding.'^ Although rare in the province of 
Ontario, motions of censure against the Speaker had occurred in other 
provincial legislatures, including Saskatchewan and Alberta.''* Speaker 



294 



John Melville Turner 



Turner was able to emerge from the confrontation with the support of 
government and opposition members.'' 

Turner was returned to the Assembly in 1985, beating his NDP opponent by 
more than 5,000 votes. '^ During what was his final term in the Assembly, 
he focused his attention on several issues, the most noteworthy of which was 
the redefinition of political riding boundaries. The Ontario Electoral 
Boundaries Commission tabled its final report in March of 1986. Although 
he would later apologize for the remark. Turner initially criticized the report 
for what he thought was a recommendation to remove the area of East City 
from his riding of Peterborough. After learning the report made no such 
recommendation. Turner withdrew his remarks.'^ 

Stating that reasons for his decision were hard to describe. Turner chose not 
to seek re-election in 1987 and left provincial politics. The former Speaker 
retired to his home in the Peterborough constituency he had represented for 
over a decade and devoted himself to community service.'* 



Notes 



'"John Turner, MPP ~ Peterborough," Press Release, November 1977; and 
Kathleen Finlay, Speakers of the Legislative Assembly of Ontario, 1867-1984 
(Toronto: Legislative Library, Research and Information Services, 1985), 
p. 124. 

%id. 

'Province of Ontario, Elections Ontario, Electoral History of Ontario, 1867- 
1982: Candidates and Results with Statistics from the Records, comp. Office 
of the Chief Election Officer (Toronto: Office of the Chief election Officer, 
1985), p. 506. 

'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 106, 2nd Session, 29th Parliament 
(Toronto: Legislative Assembly, 1972), p. 17. 

'"John Turner, MPP - Peterborough," Press Release, November 1977; and 
Finlay, Speakers of the Legislative Assembly, p. 124. 



295 



John Melville Turner 



"Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 506. 

^inlay, Speakers of the Legislative Assembly, p. 125. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario, 
p. 506. 

'Susan Wheeler, "John Turner takes post as house speaker," Peterborough 
Examiner, 21 April 1981; "Tory MPP to replace Stokes as House Speaker," 
Globe and Mail, 21 April 1981; Chris Silman, "New speaker Turner felt like 
bride," Peterborough Examiner, 22 April 1981; Donald C. MacDonald, 
"Better way needed for Ontario to pick its House Speaker," Globe and Mail, 
5 May 1981; and Christie McLaren, "Speaker seen as methodical, 
painstaking," Globe and Mail, 16 November 1981. 

'^Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 115, 1st Session, 32nd Parliament 
(Toronto: Legislative Assembly, 1981), p. 5. 

"Ibid., pp. 86, 247; and Finlay, Speakers of the Legislative Assembly, 
pp. 125-126. 

*^See: Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 1 15, 1st Session, 32nd Parliament, 
pp. 156, 168, 215; Graham White, The Ontario Legislature: A Political 
Analysis (Toronto: University of Toronto Press, 1989), p. 57; and Finlay, 
Speakers of the Legislative Assembly, p. 126. 

"Province of Ontario, Legislative Assembly, Journals of the Legislative 
Assembly of the Province of Ontario, vol. 1 15, 1st Session, 32nd Parliament, 
pp. 187-188; and White, The Ontario Legislature: A Political Analysis, 
p. 57. 

'"^Finlay notes that the Speaker of the Saskatchewan Legislature, John 
Brockelbank, faced three separate motions of censure between 1980 and 1981 
while Gerard Amerongen, Speaker of the Legislative Assembly of Alberta, 
faced a motion of censure in 1981. See: Finlay, Speakers of the Legislative 
Assembly, p. 126. 



296 



Jakn Melville Turner 

*' Although Turner's direction was challenged and put to a vote of the 
members, his actions were upheld by a vote of 57 to 44. Province of 
Ontario, Legislative Assembly, Journals of the Legislative Assembly of the 
Province of Ontario, vol. 115, 1st Session, 32nd Parliament, p. 87. 

^'^Jim Hendry, "Peterborough-area ridings return all four incumbents: three 
Tories, one Liberal," Peterborough Examiner, 3 May 1985; Craig Harris, 
"Figures show Turner spent most in *85 riding campaign," Peterborough 
Examiner, 7 January 1986. 

^^"Final proposals released for Ontario boundary changes," Peterborough 
Examiner, 5 March 1986; and "Turner says he erred," Peterborough 
Examiner, 6 March 1986. 

i8"MPP John Turner will not run again," Peterborough Examiner, 2 May 
1987; Marc Vincent, "Turner not certain about plans for future," 
Peterborough Examiner, 21 May 1987. 



I 



297 



Hugh Alden Edighoffer 




Hugh A. Edighoffer 
1985-1990 

Portrait by Istvan Nyikos 



Hugh Alden Edighqffer 



HUGH ALDEN EDIGHOFFER 

Hugh Alden Edighoffer was born in Stratford, Ontario on 22 July 1928. He 
resided with his family in Mitchell, a town on this city's outskirts and it was 
here that he received his elementary education. During the course of his 
secondary education, Edighoffer attended both the local high school in 
Mitchell and Pickering College in Newmarket. Upon graduation from the 
latter, he returned to his home town and began a career as a retail merchant, 
continuing in the family clothing business that had been established by his 
grandfather in 1924.^ 

The years between the outset of his retail career and his entrance into 
provincial politics were not idle ones. Like his father and grandfather, 
Edighoffer became involved in several of the local service clubs including the 
Chamber of Commerce and the Lions Club. He continues these associations 
to the present day.^ Considering his interest in and inclination towards 
public service, it is not surprising that his interests also focused on local 
politics. During the 1950s and early 1960s, Edighoffer held various 
municipal offices including a five year term on the Mitchell Planning Board. 
In 1958 and 1959, he served as a town Councillor and in 1960 and 1961 was 
elected Mayor of Mitchell.^ 

Edighoffer's initial foray into provincial politics came in 1963; despite the 
fact that he received almost 40 per cent of the votes cast for the riding of 
Perth in this provincial general election he was defeated. His second attempt 
was more successful and he was elected to the Legislative Assembly in 1967, 
winning the seat by 184 votes. This initial victory was to prove the closest 
in his 30 year political career.'^ He was returned to the House in 1971 and 
in 1975, each time with a progressively larger margin of popular support. 
This trend continued and during the general election of 1977, Edighoffer 
garnered almost 70 percent of the votes cast in the riding of Perth ~ the 
largest plurality in the province at the time.^ 

Upon his return to the House, he assumed new responsibilities; in February 
of 1978 he became Deputy Speaker and Chairman of the Committee of the 
Whole House. He held these positions until 1981. In this capacity, 
Edighoffer attended the Canadian Regional Parliamentary Conferences in 
1979 and 1980 as well as the Commonwealth Parliamentary Conference held 
in Jamaica in 1978. Edighoffer had little difficulty retaining his seat in the 
1981 provincial general election. In what was becoming typical form, the 
member for Perth received more than double the number of votes cast for his 



298 



I 



Hugh Alden Edighqffer 



closest rival and lost only three of a total of 177 polls in the riding.* In the 
same year, he became Chairman of the Liberal caucus, a position he held 
until his election to the Speakership in 19857 

In 1985, Edighoffer easily won re-election, defeating his closest rival by 
more than 14,000 votes. Shortly after his election, speculation surfaced as 
to the possibility of his candidacy for the office of Speaker. Journalists noted 
that Edighoffer had several qualifications for the post; the most apparent of 
these qualifications was that he had served as Deputy Speaker and would 
therefore be acquainted with the duties of the Chair. More important, he had 
served as Deputy Speaker during a minority government and, as the situation 
faced by the government in 1985 was similar, Edighoffer's familiarity with 
the problems and procedural difficulties relative to such circumstances would 
be an asset.* When it became apparent that the Liberals and New 
Democrats would not support the nomination of a Conservative member for 
the Speakership, Edighoffer's nomination and election to the Chair seemed 
merely a matter of course.^ The speculation was soon confirmed. On 
4 June 1985, the man who many people felt was "one of the most 
non-partisan politicians at Queen's Park" became the second Speaker of the 
Legislative Assembly^" to be elected from the ranks of the opposition. Two 
weeks later. Conservative Premier Frank Miller's government fell after a 
Liberal-NDP motion of non-confidence. Liberal leader David Peterson 
succeeded Miller as Ontario's 20th Premier." 

Impartiality became the watchword for Edighoffer's initial term as Speaker. 
Indeed, his promise of ftilfilling the duties of Speaker in "a fair, impartial but 
firm manner" was tested several times during the course of the 33rd 
parliament (1985-1987). ^^ The first test came with the fall of the Miller 
administration only weeks after Edighoffer was elected to the Chair. Due to 
this event, Edighoffer found himself presiding over a different Assembly, one 
in which a Liberal-New Democratic accord dominated and one in which his 
actions as Speaker would be more closely scrutinized.'^ The first test of 
the new Speaker's impartiality in the House came in January 1986 when 
Edighoffer was forced to cast the deciding vote when the voting on a private 
member's resolution resulted in a deadlock. In the history of the Ontario 
Legislature, such a situation was rare and had not occurred since the early 
twentieth century. In response to a lengthy teachers' strike in Wellington 
County, William Davis, the Conservative Member for the riding of 
Scarborough Centre, moved that a committee be established to review the 
School Boards and Teachers Collective Negotiations Act of 1975 to ensure 
that contract negotiations be conducted with the least possible disruption to 



299 



Hugh Alden Edighqffer 



the academic year. Edighoffer was forced to resolve the impasse and to cast 
a decisive vote on the issue. He cast his support behind the motion so that 
the House could go on to other issues: "the matter could be debated another 
day,"^* he said. 

During the following session, Edighoffer was asked to rule regarding a 
question of breach of privilege of the House. While it is not the purview of 
a Speaker of the Legislature to rule on whether a breach of privilege has 
been committed, he is required to decide whether such allegations "could 
reasonably be held to constitute a breach of privilege and therefore take 
precedence over other business of the House. "'^ On 5 June 1986 the 
member for Brantford, Phil Gillies, rose on a question of privilege with 
respect to press reports containing details of legislation not yet disclosed in 
the House. ^^ In his ruling, Edighoffer noted that while he understood the 
distinction the member was attempting to make, precedent showed that 

parliamentary privilege does not extend and 
never has extended to requiring policy 
statements or announcements to be made in 
the House, regardless of the importance of 
the subject.'^ 

He added that while the matter "may constitute a legitimate grievance and 
certainly [does] involve a question of courtesy," no cases could be found to 
indicate that it is a breach of privilege for members of the government to 
"publicly announce its intentions with respect to amendments and legislation 
before the House." Thus, he concluded that the occurrence in question did 
not constitute a question of privilege.'* 

Other issues and innovations also marked Edighoffer's initial term as 
Speaker. For example, he presided over the debates concerning amendments 
to the Ontario Human Rights Code which would protect homosexuals from 
discrimination. *' Despite objections from several members of the 
Assembly, the televising of House proceedings "from gavel to gavel" also 
occurred during this period.^ Modern technology was further integrated 
into the Legislative Assembly under Speaker Edighoffer as, in his capacity 
as Chair of the Board of Internal Economy, he oversaw the implementation 
of the electronic Hansard}^ 

Edighoffer sought re-election during the 1987 provincial general election and 
was returned to the House with a sizable mandate. He was also re-elected 



300 



Hugh Alden Edighoffer 



to the Chair on 3 November 1987, thus becoming only one of three 
individuals since the nineteenth century to have served more than one term 
as Speaker of the Ontario Legislature.^ During this second term, 
Edighoffer was once again faced with decisions of procedure as well as the 
more mundane daily occurrences of the Assembly. Perhaps one of the most 
significant events during this period was the change in the Standing Orders 
of the House. The amendments, which took effect on 9 October 1989, 
encompassed almost every aspect of the business of the House including the 
conduct of emergency and special debates. Of particular interest were the 
provisions made in section three which set out the procedure for the 
nomination of members for the Office of Speaker of the House and for the 
election by secret ballot by which future Speakers would be chosen. 

Another significant development was the designation of the Parliamentary 
Precinct. On 1 October 1988 a Memorandum of Understanding was signed 
between the Ministry of Government Services and the Office of the Speaker 
that transferred responsibility for the Legislative Building and its grounds to 
the Speaker. This action increased both the Speaker's administrative 
obligations as well as the Office's independence.^ In response to this 
event, a five member Special Committee on the Parliamentary Precinct was 
established in March of 1989 to develop and to implement plans for the 
restoration and renovation of the parliamentary building and its precinct.^ 

On 23 July 1990, stating that he believed it was time "to allow other active, 
knowledgeable and interested candidates the opportunity to serve the Riding 
of Perth," Hugh Edighoffer announced that he would not seek re-election in 
the next general election. Under s. 33 of the Legislative Assembly Act, 
which provides for the smooth and continual administration of the business 
of the Assembly, Edighoffer remained Speaker of the House until a new 
Speaker could be chosen. On 6 September 1990 a New Democratic majority 
government was elected and Edighoffer became the first Speaker to serve 
under Conservative, Liberal and New Democratic administrations. 

Notes 



'Legislative Assembly, "Biography of the Hon. Hugh Edighoffer, M.P.P. 
(Perth), Speaker of the Ontario Legislature," Press Release, October 1987; 
Canadian Parliamentary Guide, 1989, ed. Pierre G. Normandin (Toronto: 
The Globe and Mail for Info Globe, 1989), pp. 890-891; and Judy and Dean 



301 



Hugh Alden Edighoffer 



Robinson, Mitchell: A Reflection (Erin, Ontario: The Boston Mills Press, 
1987), p. 29. 

telephone interview with Hugh McCaughy, President-elect, Mitchell Lion's 
Club (District A9), 5 July 1990; and Mr. Zwarts, President, Mitchell 
Chamber of Commerce, 5 July 1990. 

telephone interview with Donald Eplett, Clerk, Municipality of Mitchell, 
19 July 1990. 

*It has been noted that until Mr. Edighoffer won the seat in 1967, the 
constituents of Perth had voted Conservative on a regular basis. See: Mike 
Strathdee, "Opponents say 18-year Liberal hold on Perth is too long," 
Kitchener-Waterloo Record, 23 April 1985. 

^Ontario, Elections Ontario, Electoral History of Ontario: Candidates and 
Results with Statistics Jrom the Records, 1867-1982, comp. Office of the 
Chief Election Officer CToronto: Office ofthe Chief Election Officer, 1985), 
p. 144; and Mike Strathdee, "'Landslide' Edighoffer lives up to nickname in 
Perth," Kitchener-Waterloo Record, 3 May 1985. 

^John Matsui, "Edighoffer wins easily," London Free Press, 20 March 1981. 

^"Hugh Edighoffer selected as legislature speaker," Mitchell Advocate, 
12 June 1985. 

^Strathdee, "'Landslide' Edighoffer lives up to nickname in Perth," 
Kitchener-Waterloo Record. 

^ill Walker, "Miller expected to name Liberal as new Speaker," Toronto 
Star, 4 June 1985. 

^""Liberal Edighoffer, 56, to be named Speaker," Sault Ste. Marie Star, 
4 June 1985. 

"John Cniickshank, "It's over: Tory dynasty toppled," Globe and Mail, 
19 June 1985, p. 1. 

'^See: Nick Martin, "Tough but fair approach promised as Perth MPP 
becomes Speaker," Kitchener-Waterloo Record, 5 June 1985. 



302 



T 



Hugh Alden Edighoffer 

"Interview with Hugh Edighoffer by Bill Sommerville, Legislative Broadcast 
and Recording Service, September 1990. 

''^Ontario, Legislative Assembly, Hansard: Official Report of Debates, 33rd 
Parliament, 1st Session (16 June 1986): 185-186; and "Rare tie forces 
Speaker to vote," Globe and Mail, 17 January 1986. 

*^Hugh Edighoffer, "Speaker's Ruling: Premature disclosure of government 
policy. Speaker Hugh Edighoffer, 10 June 1986," Canadian Parliamentary 
Review (Winter 1986-1987): 43. See also: Beauchesne's Rules & Forms of 
the House of Commons of Canada, 6th edition, ed. A. Eraser, 
W. F. Dawson and J. A. Hotlby (Toronto: Carswell, 1989), paragraph 117. 

^^For a more detailed account of the incident in question, see: Ontario, 
Legislative Assembly, Hansard: Official Report of Debates, 33rd 
Parliament, 2nd Session (5 June 1986). 

'^Edighoffer, "Speaker's Ruling," p. 43. 

'%id. 

''See: Ontario, Legislative Assembly, Hansard: Official Report of Debates, 
33rd Parliament, 1st Session (2 December 1986). 

interview with Hugh Edighoffer by Bill Sommerville, Legislative Broadcast 
and Recording Service, September 1990. 



21" 



Hugh Edighoffer, M.P.P. (Perth)," Press Release, 5 October 1987. 



^^e other Speakers who have served more than one term are Charles 
Clarke (1880-1886) and Myddryn Cooke Davies (1949-1955). See: White, 
The Ontario Legislature, p. 55. 

^According to Mr. Edighoffer, similar transfers have already taken place in 
both the House of Commons in Ottawa and in Westminster. See: Interview 
with Hugh Edighoffer by Bill Somerville, Legislative Broadcast and 
Recording Services, September 1990. 

^Interview with Hugh Edighoffer by Bill Somerville, Legislative Broadcast 
and Recording Services, September 1990. 



303 



David William Warner 




David William Warner 
1990- 

Photograph by Robert E. Leonard 
Legislative Photographer 



David William Warner 



DAVID WILLIAM WARNER 



With the election of David William Warner to the office of Speaker on 
19 November 1990, the Legislature of Ontario turned yet another page in its 
history.' Although the election of a Speaker from a pool of two or more 
candidates had been commonplace in the pre-Confederation Assemblies of 
Upper Canada and the United Provinces, after 1867 this practice was 
replaced by the nomination of an individual by the Premier. In general, this 
nomination was seconded by the leader of the Province's official opposition 
party and, consequently, the nominee was "unanimously" elected to the 
Chair. Thus, while the modern process has retained a semblance of its 
earlier character, since 1867 the selection of the Speaker of the Legislative 
Assembly of Ontario has resembled more a governmental appointment than 
a true electoral contest.^ The events of November 1990, therefore, are of 
tremendous importance in the evolution of the office of the Speaker and its 
independence. 

David Warner was born in Toronto on 18 November 1941, the fourth 
Speaker to be a native of the province's capital. He received his early 
education at Northlea Public School and later attended Agincourt Collegiate 
graduating in 1961. After graduation from high school, Warner enrolled at 
Carleton University, Ottawa, where he majored in English. He did not 
complete his undergraduate studies at Carleton, however, but chose to leave 
the university to attend teacher's college in Toronto. Warner was awarded 
his Teacher's Certificate in 1964 and, although actively pursuing a career as 
a grade-school teacher, enrolled in York University, Toronto, graduating in 
1972 with a bachelor of arts degree in English.^ 

As a result of the tumultuous political climate at Carleton University in the 
early 1960s, Warner came away from this institution with a keener interest 
in national and international politics."* His participation in electoral politics 
began in 1966 when he became involved with the New Democratic party in 
a federal election in Etobicoke. His experience as a canvasser can be 
credited with convincing Warner to become more directly involved in the 
politics of a riding association and of the province as a whole. In 1975 the 
provincial riding of Scarborough-Ellesmere was formed and David Warner 
became the President of the Scarborough-Ellesmere riding association. He 
was the New Democratic Party candidate for this constituency in that year's 
provincial general election. 



304 



David William Warner 



Warner was elected to the Legislative Assembly of Ontario in 1975, winning 
39 per cent of the popular vote in his constituency.^ Shortly after his entry 
into the House, his experience and expertise in education were quickly put 
to use by the New Democrats and the freshman member was appointed the 
third-party critic for Colleges and Universities. He held this position until 
1979. Warner was returned to the House in 1977. Perhaps in recognition 
of his involvement in the workings of the House, Warner's caucus 
responsibilities were augmented during his second term in the Assembly. 
From 1978 until 1981, he held the position of Chief Caucus Whip;** in 
addition, he served as the critic for Metropolitan Toronto Affairs from 1977- 
1979 and, in 1979, became the New Democratic critic for the Ministry of the 
Attorney General.^ In 1979 he also served on the Select Committee on 
Health Care Costs.* As a result of these many responsibilities, Warner often 
participated in the Assembly's daily debates. Indeed, during the course of 
the 31st parliament he championed issues ranging from the legal drinking 
age' to the rent review process. *° 

Perhaps the most memorable, if not the most colourful, of his debates 
concerned the government's health care agenda, in particular the 
Conservative government's intention to increase individual premium 
payments to the Ontario Health Insurance Plan (OHIP) by 37 per cent. 
Warner suggested that such action not only went against Standing Order 86 
of the House but, more important, was in conflict with sections 54 and 90 
of the British North America Act. These sections stated that no tax could be 
imposed without the passage of appropriate legislation." To support his 
argument, Warner even went so far as to cite the Magna Carta as an early 
and time-honoured example of the embodiment of this democratic principle. 
He argued that as the government seemingly intended to use this increase as 
a source of tax revenue, it would be necessary for appropriate legislation to 
be presented and debated in the House. '^ While the Speaker did not rule 
in favour of Warner's challenge of the constitutionality of the government's 
actions, Warner continued his fight against the increase, even distributing 
buttons bearing the inscription "No taxation without legislation." In the end, 
Warner's methods were successful and the Conservatives decided against 
implementing such measures. 

It was also during this parliament that Warner and other members of the 
House concerned themselves with the issue of the Canadian constitution. At 
the time, the possibility of Quebec's separation from Canada prompted 
several members to express their concerns regarding Ontario-Quebec 
relations and national unity. During discussion, Warner often spoke of his 



305 



David William Warner 



belief in the need to strengthen the bond between all provinces and, in 
particular, to create a better political and social understanding between the 
inhabitants of Ontario and Quebec." 

In spite of his great responsibilities and activities in the Assembly, Warner 
was not returned for a third term as member for Scarborough-Ellesmere in 
the 1981 provincial general election. During this time, however, he did not 
remain idle but returned to the classroom to pursue his teaching career.''* 
In the 1985 provincial election, Warner again ran as the New Democratic 
Party candidate for Scarborough-Ellesmere and was returned for a third term 
in the Assembly.'^ Until his defeat in the 1987 general election, he served 
on several Legislative committees including the Standing Committees on the 
Administration of Justice and Procedural Affairs. In addition to these 
responsibilities, Warner avidly participated in the daily business of the House 
and, over the course of this parliament, addressed issues such as social 
services for the elderly, urban poverty, acid rain and the availability of 
daycare in the province. In March 1987, Warner and other members of the 
House went on a fact finding mission to Nicaragua; his observations and 
findings were published in diary form in the Canadian Parliamentary Review 
later that year. '^ 

Although Warner was not returned to the House in the general election of 
1987, he was re-elected as the member for Scarborough-Ellesmere in the 
New Democratic Party's landslide victory of September 1990. On 19 
November 1990, he became the first Speaker elected by secret ballot of the 
Legislative Assembly of the Province of Ontario. Although several 
individuals have questioned the elective process as a means for determining 
who should Occupy the Chair, the election can only enhance the Speaker's 
independence, power and position in the Assembly. 

As Speaker, Warner not only presides over the members in the Chamber but, 
like previous Speakers, oversees the daily administrative functions of the 
Assembly. In light of this responsibility, Speaker Warner's goals are to 
establish a more civilized atmosphere in the House and to eliminate the need 
to eject members fi-om the House for any reason. Furthermore, he hopes to 
establish a better relationship with the people and National Assembly of 
Quebec through the creation of a special, all-party bilateral committee.'^ 

In addition to his service in the Legislative Assembly, Warner is currently 
involved with several local community projects. He has served as the 
Chairperson of Agincourt Community Services, has been a member of the 



306 



David William Warner 



Board of Directors of Youth Assisting Youth and was the Chairperson of 
Scarborough Community Legal Services from 1981-1985 and 1987-1990. 



Notes 



'For a detailed account of Warner's election, see: Gene Allen, "MPPs elect 
Speaker," Globe and Mail, 20 November 1990; Derek Ferguson, "NDP's 
Warner elected Speaker," Toronto Star, 20 November 1990; Emilia Casella, 
"Speaker chosen by vote for first time," Hamilton Spectator, 20 November 
1990; and "Elected Speaker promises to keep MPPs thoughtful," Windsor 
Star, 20 November 1990. 

^At the federal level, the first direct election of the Speaker of the House of 
Commons occurred on 30 September 1986. It took 1 1 ballots and 12 hours 
before John Eraser was elected to the Chair. See: Gary Levy, "A Night to 
Remember: The First Election of a Speaker by Secret Ballot," Canadian 
Parliamentary Review, 9, No. 4 (Winter 1986-1987): 10-14. 

^"David Warner, M.P.P. (Scarborough Ellesmere)," Press Release, 
December 1975; and interview with Hon. David Warner, Speaker of the 
Legislative Assembly of Ontario, 12 December 1990. 

''Interview with Hon. David Warner, Speaker of the Legislative Assembly of 
Ontario, 12 December 1990. 

^Province of Ontario, Elections Ontario, Electoral History of Ontario 
(Toronto: Office of the Chief Election Officer, 1985), p. 517. 

*See: Sylvia Stead, "Question Period: chance to bait ministers not a 
foolproof lure," Globe and Mail, 7 July 1980. 

^Pat Crowe, "Non-Lawyer bones up for job as NDP's legal watchdog," 
Toronto Daily Star, 14 March 1979. 

^See: Barbara Yaffe, "Thousands neglect to claim assistance with cost of 
OHIP," Globe and Mail, 22 August 1978; "Politicians billed for constituents' 
records," Globe and Mail, 16 September 1978. 



307 



David William Warner 



Province of Ontario, Legislative Assembly, Debates^ 2nd Session, 31st 
Parliament, pp. 3382-3387. 

^"Province of Ontario, Legislative Assembly, Debates, 2nd Session, 31st 
Parliament, pp. 1203-1205, 2072-2073, 2777-2778, 2788, 2822-2823, 2825, 
3246, 4867-4870, 5571, 5634; and Richard Furness, "Opposition stands 
ground on rent bill," Globe and Mail, 21 June 1979. 

"For a more detailed discussion of the contents of these sections, see: Peter 
W. Hogg, Constitutional Law of Canada, 2nd Edition (Toronto: Carswell, 
1985), pp. 38, 87, 90-91, 203, 287-288. 

'Province of Ontario, Legislative Assembly, Debates, 2nd Session, 31st 
Parliament, pp. 498-501, 578-579, 584, 613, 624, 669-670, 986, 1011-1014, 
1187-1189, 1832; idem. Debates, 3rd Session, 31st Parliament, pp. 629-632, 
1401-1402, 4221-4222; idem. Debates, 4th Session, 31st Parliament, pp. 
2879-2880; and "A statement by David Warner, M.P.P. .(Scarborough 
Ellesmere) on his Private Members' Bill to have O.H.LP. Premiums set by 
way of legislation," NDP Caucus Press Release, 30 March 1978. 

'^Province of Ontario, Legislative Assembly, Debates, 2nd Session, 31st 
Parliament, pp. 2091-2093, 2821-2822, 2824; and idem. Debates, 3rd 
Session, 31st Parliament, pp. 4221-4222. 

*'*Vianney Carriere, "The Losers: for ex-MPPs, its's limelight to limbo," 
The Globe and Mail, 24 August 1981. 

'^Stan Josey, "Comeback by NDPer knocks out minister," Toronto Star, 
3 May 1985; electoral results reference. 

*'See: David Warner, "Visit to Nicaragua," Canadian Parliamentary Review 
10, No. 2 (Summer 1987): 13-16. 

'^Interview with Hon. David Warner, Speaker of the Legislative Assembly 
of Ontario, 12 December 1990. 



308 



"Whose Servant I Am' 



Appendix: Speakers of the Legislative Council 

The Province of Upper Canada, 1792-1841 

The Constitutional Act, 1791, established a bicameral legislature for the 
Province of Upper Canada which included an elected House of Assembly and 
a Legislative Council appointed for life by the Lieutenant-Governor. The 
Legislative Council was to have at least seven members and be presided over 
by a Speaker who was to be named by the Lieutenant-Governor. Many of 
its Members were also appointed to the Executive Council, an advisory 
council to the Lieutenant-Governor which was not responsible to the 
Assembly. The two councils reported to the Lieutenant-Governor and 
membership often overlapped. 

Of the eleven speakers of the Legislative Council during this period, all but 
Richard Cartwright and the two pro tern speakers, James Jacques Baby and 
Jonas Jones, had been or were also members of the Executive Council; and 
all but Peter Russell, Richard Cartwright and the aforementioned iv/o pro tern 
speakers were concurrently Chief Justice of the Court of King's Bench, the 
highest court of the province. While it has been possible to affirm the dates 
of appointment of the Speakers, the dates on which they ceased to hold that 
office are not available in most cases. 

Speakers of the Legislative Council of the Province of Upper Canada: 

William Osgoode 10 September 1792. 

Peter Russell 6 July 1795. 

John Elmsley 23 December 1796. 

Hemy Allcock 4 January 1803 - 1804. 

Richard Cartwright 30 January 1805 - 1806. 

Thomas Scott 13 January 1807. 

William Dummer Powell 21 March 1816. 

James Jacques Baby (pro tem) 17 - 20 January 1825; 1828-1829. 

William Campbell 17 October 1825. 

John Beverley Robinson 2 January 1830. 

Jonas Jones (pro tem) 2 February 1839. 

Source: Campbell, Wilfred. "A List of Members of the House of Assembly 
for Upper Canada from 1792, to the Union in 1841," in Proceedings and 
Transactions of the Royal Society of Canada, Meeting of September, 1910, 
3rd Series, vol. 4 (Ottawa: The Society, 1911), 169-190. 



309 



'Whose Servant I Am' 



Appendix: Speakers of the Legislative Council 

The Province of Canada, 1841-1867 

In 1840, the British Piarliament passed The Union Act reuniting the provinces 
of Upper Canada and Lower Canada in a single government known as the 
Province of Canada. Under the provisions of the Act, which came into force 
on 10 February 1841, a bicameral legislature was retained with a Legislative 
Council and a Legislative Assembly. The Legislative Council consisted of 
not fewer than twenty members and its Speaker was appointed by the 
Governor of the Province of Canada, 

Speakers of the Legislative Council of the Province of Canada: 

Robert Sympson Jameson 10 June 1841 - 6 November 1843. 

Rene-Edouard Caron 8 November 1843-19 May 1847; 

11 March 1848 - 14 August 1853. 

Peter (McCutcheon) McGill 21 May 1847-10 March 1848. 

James Morris 17 August 1853 - 10 September 1854; 

2 August 1858-6 August 1858. 

John Ross 11 September 1854 - 18 April 1856. 

fitienne-Paschal Tach6 19 April 1856 - 25 November 1857. 

Narcisse Fortunat-Belleau 26 November 1857 - 1 August 1858; 

-~ 7 August 1858-19 March 1862. 

Allan Napier MacNab 20 March 1862-8 August 1862. 

Alexander Campbell 12 February 1863 - 12 August 1863. 

Ulrich Joseph Tessier 13 August 1863 - 15 August 1866. 

Source: J. O. C6t6, ed. Political Appointments and Elections in the 
Province of Canada, from 1841 to 1865. 2nd ed. enl. Ottawa: G. E. 
Desbarats, 1866. 



310 



"Whose Servant I Am' 

Bibliography 
Primary Sources 

Petitions, Pamphlets and Legislative Journals 

Ballantyne, William. "Reminiscences of the Ballantynes." Manuscript. 
Ballantyne Family Papers. Archives of Ontario. 

Barrister's Rolls, 1809-1885. Law Society of Upper Canada Archives. 

Beasley, Richard. "Petition to Land Board Ministry." 22 October 1788. ; 
Land Board Records. Archives of the Province of Ontario. 

Biographical Files. City of Toronto Archives. 

Biographical Files. Law Society of Upper Canada Biographical Project. 
Law Society of Upper Canada Archives. 

Biographical Files. Metropolitan Toronto Reference Library. 

"Commission to Investigate Charges Against John Norquay." 1886. ] 
Government Records Section. Provincial Archives of Manitoba. 

Corporation of the City of Toronto. Minutes of the Council of the 
Corporation of the City of Toronto, 1969. City of Toronto Archives. 

Dingman, W. S. The Ballantyne Family in Canada. Manuscript. 
Ballantyne Family Papers. Archives of Ontario. 

"Handwritten History of the Family of Allan Macdonell of Collachie."] 
Alexander McDonell Estate Papers. Archives of the Province ol 
Ontario. 

MacNab, Allan Napier. To the Inhabitants of the Gore District. Pamphlet. 
York Jail. 24 February 1829. Manuscript Collection. Baldwh 
Room. Metropolitan Toronto Reference Library. 

Minutes of Convocation. Law Society of Upper Canada. Law Society of 
Upper Canada Archives. 



311 



'Whose Servant I Am' 



Municipality of Kingston. City Council. Minutes of the Council of the 
Corporation of the City of Kingston, Ontario. Various dates. 
Queen's University Archives. 

Province of Canada. Legislative Assembly. Journals of the Legislative 
Assembly of the Province of Canada. Vols. 1-26. 

Parliamentary Debates on the Subject of the Confederation of 



the British North American Provinces. Quebec: Hunter, Rose & 
Co., 1865. 

Province of Ontario. Elections Ontario. Electoral History of Ontario: 
Candidates and Results with Statistics from the Records, 1867-1982. 
Compiled by the Office of the Chief Election Officer. Toronto: 
Office of the Chief Election Officer. 1985. 

Province of Ontario. Legislative Assembly. Journals of the Legislative 
Assembly of the Province of Ontario. Various dates. 

. Report by Hon. R. D. Rowe, Speaker, on the incident which 



took place outside the Legislature on October 28, 1975. Toronto: 
The Assembly, 1975. 

. Report of the Royal Commission regarding the Gamey 



Charges. Toronto: L. K. Cameron. 1903. 

. Select Committee appointed to inquire into the Revision of the 



Rules of the Legislative Assembly. Report, 1944. 

. Select Committee on Economic and Cultural Nationalism. 



Final Reports on Cultural and Economic Nationalism. Toronto: The 
Committee, 1975. 

. Select Committee on Economic and Cultural Nationalism. 



Interim Report: Advertising and the Advertising Industry. Toronto: 
The Committee, 1974. 

Province of Ontario. Ministry of Transportation. "Ontario Ministry of 
Transportation Ministers and Deputy Ministers: A Chronology." 
Toronto: The Ministry, 1991. 



312 



'Whose Servant I Am " 

Province of Ontario. Ministry of Transportation. "Our First 75 Years: \ 
Transportation Highlights." Pamphlet. 1991. i 

Province of Ontario. Ontario Commission on the Legislature. First Report 
of the Ontario Commission on the Legislature, May 1973. Toronto: 
The Commission, 1973. 



. Second Report of the Ontario Commission on the Legislature, 

December 1973. Toronto: The Commission, 1973. 

Ruttan, Henry. Lecture on the Ventilation of Buildings. Cobourg, Canada 
West: Cobourg Sun, 1858. 

. Ventilation and Warming of Buildings. New York: 



n.p., 1862. 

"Summary of the Records of the 37th Regiment, Haldimand Rifles, compiled 
c. 1913." Caledonia Museum Collection. 

Upper Canada. Legislative Assembly. Journals of the Upper Canadian 
House of Assembly. Various Dates. 

Upper Canada Land Book A, 1792-1796. Archives of the Province of 
Ontario. 

Wanamaker, E. Mildred Parliament. "Parliament Family." Typewritten 
Manuscript, 1972. Belleville Public Library Collection. 

Willson, John. Address to the Inhabitants of the District of Gore] 
Hamilton, Upper Canada: Rutheven's Book and Job Office, 1840, 
Manuscript Collection. Metropolitan Toronto Reference Library. 



Private and Public Correspondence 

Robert Baldwin Papers. Manuscript Collection. Baldwin Roomj 
Metropolitan Toronto Reference Library. W. H. Draper to Robei 
Baldwin. 19 January 1850. 

Richard Beasley. Letter to William Applegarth, Returning Officer. 1 1 April 
1809. National Archives of Canada. 



313 



"Whose Servant I Am' 



Marshall Spring Bidwell Papers. Archives of Ontario. Marshall Spring 
Bidwell to Sir Francis Bond Head, letter, 8 December 1837. 
Marshall Spring Bidwell to Henry Cassady, letters, 
9 December 1837, 27 December 1837, 4 January 1838, 

31 January 1838 

Edward Blake Papers. Archives of Ontario. Edward Blake to Richard 
William Scott. 24 December 1871. 

International Order of Odd Fellows Papers. Archives of Ontario. 75th 
Anniversary Souvenir Programme. 

Thomas Ashmore Kidd Papers. Queen's University Archives. T. A. Kidd 
Personal File. Box 6 (1933). Personal Files. Boxes 4-7 (1931- 
1934). 

John Sandfield Macdonald Papers. National Archives of Canada. John 
Sandfield Macdonald to Dr. E. J. Barker. 27 December 1851. 
Alpheus Todd to John Sandfield Macdonald. 6 July 1854. Includes 
attachment: "Opinion upon the Speech of Mr. Speaker Macdonald 
to His Excellence the Governor at the Prorogation of the Provincial 
Parliament, in June 1854." 

Archibald McLean Papers. Archives of the Province of Ontario. John 
Pringleto Archibald McLean. 21 March 1836. 

Archibald McLean to the Editor, unnamed publication. 21 March 1836. 
Manuscript Collection. Baldwin Room. Metropolitan Toronto 
Reference Library. 

Members of Council, Boards and Heads of Departments File. City of 
Toronto Archives. Joseph E. Thompson file. 

John P. Robarts Papers. Archives of Ontario. Frederick Cass to John P. 
Robarts, letter, 23 March 1964. 

Richard William Scott Papers. National Archives of Canada. "To the 
Electors of Bytown." 8 July 1854. 



314 



'Whose Servant I Am ' 



David William Smith Papers. Baldwin Room. Metropolitan Toronto 
Reference Library. E. B. Littlehales, Executive Council Clerk to 
David William Smith. 24 September 1792. David William Smith to ' 
John Askin. 2 October 1792. Joseph Brant to David William Smith. 

10 February 1801. David William Smith to John Graves Simcoe. 
14 August 1804. Estates in Canada. "List of Land Allotments, 
3 July 1796." Legislative Council Minutes. 

Sir Henry Smith Papers. Archives of Ontario. Conmiission appointing 
Henry Smith Jr., Esq., to be Solicitor-General for Canada West. 

11 September 1854. 

John Stevenson Papers. Archives of Ontario. "Magistrate's summons for 
witnesses." 31 March 1851. "Schedule of Summary Convictions, 
Returned to the Court of General Quarter Sessions of the Peace, by 
Her Majesty's Justices in and for the United Counties of Frontenac, 
and Lennox and Add ington from December 11, 1860, to March 12, 
1860." 15 March 1860. 



Legislation 

The Constitution Act, 1867 (The British North America Act, 1867), R.S.C., 
30&31 Victoria, c. 3 (U.K.). 

The Constitutional Act, 1791 (U.K.), 31 Geo. Ill, c. 31. 

The Legislative Assembly Act, 1974, R. S. O. 1990, c. L.IO. 

The Union Act, 1840 (U.K.), 3-4 Vic, c. 35. No. 4. 

Secondary Slources 

Monographs 

Akenson, Donald Harman. The Irish in Ontario: A Study in Rural History}^ 
Montreal: McGill-Queen's University Press, 1984. 

Alfred, Rev. Brother. Catholic Pioneers in Upper Canada. Toronto: 
Macmillan, 1947. 



315 



"Whose Servant I Am' 



Armstrong, Frederick H. Handbook of Upper Canadian Chronology and 
Territorial Legislation. London, Ontario: Lawson Memorial 
Library, University of Western Ontario, 1967. 

Atherton, William Henry. Montreal, 1535-1914. Vol. 2. Montreal: 
S. J. Clarke, 1914. 

Backhouse, Constance. Petticoats and Prejudice: Women and the Law in 
Nineteenth Century Canada. Toronto: The Osgoode Society, 1991. 

Baskerville, Peter A., ed. The Bank of Upper Canada: A Collection of 
Documents. Toronto: The Champlain Society, 1987. 

Beer, Donald. Sir Allan Napier MacNab. Hamilton, Ontario: Dictionary 
of Hamilton Biography, 1984. 

Bethune, Rev. A. N. A Memoir of the Late Mr. William Kuttan, Son of 
Henry Ruttan, Esq. of Cobourg. Cobourg, Canada West: 
R. D. Chatterton, 1837. 

Biggar, C. R. W. Sir Oliver Mowat: A Biographical Sketch. 2 vols. 
Toronto: Warwick Brothers & Rutter Ltd., 1905. 

Brode, Patrick. Sir John Beverley Robinson: Bone and Sinew of the 
Compact. Toronto: The Osgoode Society, 1984. 

Broult, Lucien. Histoire des Comtis Unis de Prescott et de Russell. 
L'Orignal, Ontario: Conseil des Comt& Unis, 1965. 

Brown, Robert. The House that Blakes Built. Toronto: Blake, Cassels, 
August 1980. 

The Canadian Biographical Dictionary and Portrait Directory of Eminent 
and Self-Made Men. Ontario Volume. Toronto, Chicago, and New 
York: American Biographical Publishing Co., 1880. 

Canniff, William. History of the Province of Ontario (Upper Canada). 
Toronto: A. H. Hovey, 1872. 

Careless, J. M. S. Brown of the Globe. 2 vols. Toronto: Macmillan, 
1963. 



316 



^ Whose Servant I Am" 



Careless, J. M. S., ed. The Pre-Confederation Premiers: Ontario 
Government Leaders, 1841-1867. Ontario Historical Studies Series. 
Toronto and Buffalo: University of Toronto Press, 1980. 

. The Union of the Canadas: The Growth of Canadian 



Institutions, 1841-1857. The Canadian Centenary Series. Toronto: 
McClelland and Stewart, 1967. 

Camochan, Janet. History of Niagara. Toronto: William Briggs, 1914. 

Chadwick, Edward Marion, ed. Ontarian Families: Genealogies of United 
Empire Loyalist and Other Pioneer Families of Upper Canada. 
Lambertville, New Jersey: Hunterdon House, 1970. 

Clarke, C. K. A History of the Toronto General Hospital. Toronto: 
William Briggs, 1913. 

Clarke, Charles. Sixty Years in Upper Canada with Autobiographical 
Recollections. Toronto: William Briggs, 1908. 

Cleverdon, Catherine L. The Start of Liberation: The Woman Suffrage 
Movement in Canada; 1950. Toronto: University of Toronto Press, 
1974. 

Cornell, Paul G. The Alignment of Political Groups in Canada, 1841-1867. 
Toronto: University of Toronto Press, 1962. 

Cosbie, W. G. The Toronto General Hospital, 1819-1965. Toronto: 
Macmillan, 1975. 

C6t6, J. O. Political Appointments and Elections in the Province of Canada 
from 1841 to 1865. Quebec: St. Michel & Darveau, 1860. 

Craig, Gerald. Upper Canada: The Formative Years, 1784-1841. The 
Canadian Centenary Series. Toronto: McClelland and Stewart, 
1963. 

Creighton, Donald. John A. Macdonald: The Young Politician. Toronto: 
Macmillan, 1952. 



317 



'Whose Servant I Am' 



Denison, Merrill. Canada 's First Bank: A History of the Bank of Montreal. 
Vol. 1. Toronto and Montreal: McClelland and Stewart, 1966. 

Dent, J. C. The Last Forty Years: The Union of 1841 to Confederation. 

2 Vols. Carleton Library Series. Toronto: George Virtue, 1881; 
reprint, Toronto: McClelland and Stewart, 1972. 

Desjardins, Joseph. Guide parlementaire historique de la province de 
Quebec, 1792 d 1902. Quebec: Hunter, Rose & Co., 1902. 

The Dictionary of Canadian Biography. Vols. 5, 7-12. Toronto: 
University of Toronto Press. 

Drury, E. C. Farmer Premier: Memoirs of the Honourable E. C. Drury. 
Toronto: McClelland and Stewart, 1966. 

Dunham, Aileen. Political Unrest in Upper Canada, 1815-1836. Imperial 
Studies Series. Toronto: Longman Green and Co., 1927. 

Durham Centennial Historical Review. Durham, Ontario: Corporation of 
the Town of Durham, 1979. 

Eggleston, Wilfred. The Queen's Choice: A Story of Canada's Captial. 
Ottawa, Ontario: The National Capital Commission, 1961. 

Finlay, Kathleen. Speakers of the Legislative Assembly of Ontario, 1867- 
1984. Toronto: Legislative Library, Research and Information 
Services, 1985. 

Firth, Edith G., ed. The Town of York, 1815-1834. Toronto: University 
of Toronto Press, 1966. 

Forman, Debra, comp. and ed. Legislators and Legislatures of Ontario. 

3 Vols. Toronto: Legislative Library, Research and Information 
Services, 1984. 

Eraser, A., W. F. Dawson and J. A. Holtby. Beauchesne's Rules & Forms 
of the House of Commons of Canada. 6th Edition. Toronto: 
Carswell, 1989. 



318 



'Whose Servant I Am ' 



Gates, Lillian F. After the Rebellion: The Later Years of William Lyon 
Mackenzie. Toronto: Dundurn Press, 1988. 

. Land Policies of Upper Canada. Toronto: University of 



Toronto Press, 1968. 

Graydon, Allan. Some Reminiscences of Blokes. Toronto: Blake, Cassels, 
1970. 

Guide to the Manuscript Collection in the Toronto Public Libraries. 
Toronto: Thorn Press, 1954. 

Guillet, Edwin C. Cobourg, 1798-1948. Oshawa, Ontario: Goodfellow 
Printing Co., 1948. 

Harkness, John Graham. Stormont, Dundas and Glengarry: A History, 
1784-1945. Ottawa: Mutual Press Ltd., 1946. 

Hastings, H., ed. The Clinton Papers. Vol. IL New York: n. p., 1904. 

Hathaway, Ernest J. The Story of the Old Fort at Toronto. Toronto: 
Macmillan, 1934. 

Herrington, Walter S. History of the County of Lennox and Addington.^ 
Toronto: Macmillan, 1913. 

Higley, Dahn D. O.P.P.: The History of the Ontario Provincial Police^ 
Force. Toronto: The Queen's Printer, 1984. 

Hincks, Francis. Reminiscences of Public Life. Montreal: Hunter, Rose j 
and Co., 1884. 

Hodgetts, J. E. Pioneer Public Service: An Administrative History ofthei 
United Canadas, 1841-1867. Toronto: University of Toronto Press,] 
1955. 

Hodgins, Bruce W. John Sandfield Macdonald: 1812-1872. Canadii 
Biographical Studies. Toronto: University of Toronto Press, 1971. J 

Hoy, Claire. Bill Davis: A Biography. Toronto and New York: Methuen,] 
1985. 



319 



'Wiose Servant I Am' 



Humphries, Charles W. "Honest Enough to be Bold": The Life and Times 
of Sir James Pliny Whitney. Ontario Historical Studies Series. 
Toronto: University of Toronto Press, 1985. 

Johnson, Charles M. E. C. Drury: Agrarian Idealist. Toronto: University 
of Toronto Press, 1977. 

Johnson, J. K. Becoming Prominent: Regional Leadership in Upper 
Canada, 1791-1841. Montreal: McGill-Queen's University Press, 
1989. 

, ed. The Directory of Canadian Parliament. Ottawa, Ontario: 



Public Archives of Canada, 1968. 

. The Papers of the Prime Ministers. Vol. 1: The Letters of 



Sir John A. Macdonald, 1836-1857. Ottawa: Public Archives of 
Canada, 1968. 

Johnston, C. M. The Head of the Lake: A History of Wentworth County. 
Hamilton, Ontario: Robert Duncan and Co., 1958. 

Johnston, W. Stafford and H. J. M. Johnson. History of Perth County to 
1967. Stratford, Ontario: County of Perth, 1967. 

Kelly, Colleen. Cabbagetown in Pictures. Toronto Public Library Board 
Local History Handbook no. 4. Toronto: Toronto Public Library 
Board, 1984. 

Kennedy, W. P. M., ed. Documents of the Canadian Constitution, 
1759-1915. Toronto: University of Toronto Press, 1918. 

Knight, David B. A Capital for Canada: Conflict and Compromise in the 
Nineteenth Century . Chicago: Department of Geography, University 
of Chicago, 1977. 

Leitch, Adelaide. Floodtides of Fortune: The Story of Stratford. Stratford, 
Ontario: City of Stratford, 1980. 

Lewis, Alex C. Parliamentary Procedure in Ontario. Toronto: King's 
Printer, 1948. 



320 



'Whose Servant I Am' 



Lunn, Richard and Janet. The County: The First Hundred Years in Loyalist 
Prince Edward. Picton, Ontario: The Picton Gazette Publishing 
Co., 1967. 

MacDonald, Donald C. The Happy Warrior: Political Memoirs. With a 
foreword by Desmond Morton. Toronto: Fitzhenry and Whiteside, 
1988. 

, ed. Government and Politics of Ontario. 2nd Edition. 



Toronto: Van Nostrand Reinhold Ltd., 1980. 

Macdonald, Norman. Canada 1763-1841: Immigration and Settlement. 
Toronto: Longman, Green & Co., 1939. 

Macdonell, J. A. Sketches Illustrating the Early Settlement and History of 
Glengarry in Canada. Montreal: Wm. Foster, Brown and Co., 
1893. 

MacGillivray, Royce and Ewan Ross. A History of Glengarry. Belleville, 
Ontario: Mika Publishing, 1979. 

MacKenzie, A. E. D. Baldoon: Lord Selkirk's Settlement in Upper Canada. 
Ed. by Dr. George Kerr. Petrolia, Ontario: Skinner Printing, 1978. 

MacKenzie, Ruth. Leeds and Grenville: Their First 200 Years. Toronto: 
McClelland and Stewart, 1963. 

The Macmillan Dictionary of Canadian Biography. Toronto: Macmillan, 
1963. 

Manning, Mary E. Street: The Man, the Family, the Village. Streetsville 
Historical Society Publication, no. 3. Streetsville, Ontario: The 
Society, 1983. 

Manthorpe, Jonathan. The Power and the Tories: Ontario Politics ~ 1943 
to the Present. Toronto: Macmillan, 1974. 

Marsh, E. L. A History of the County of Grey. Owen Sound, Ontario: 
Flemming Publishing Co., 1913. 



321 



"Whose Servant I Am" 



McDougall, A. K. John P. Robarts: His Life and Government. Ontario 
Historical Studies Series. Toronto: University of Toronto Press, 
1986. 

McKenty, Neil. Mitch Hepburn. Toronto: McClelland and Stewart, 1967. 

McLeod, Wallace, ed. Whence Come We? Freemasonry in Ontario, 
1764-1980. Hamilton, Ontario: The Office of the Grand Secretary, 
1980. 

Middleton, J. E. and F. Landon. The Province of Ontario: A History. 
2 vols. Toronto: The Dominion Publishing Company, 1927. 

Mika, Nick and Helma. Bytown: The Early Days of Ottawa. Belleville, 
Ontario: Mika Publishing, 1982. 

, eds. Community Spotlight: Leeds Frontenac, Lennox and 

Addington and Prince Edward Counties. Belleville, Ontario: Mika 
Publishing, 1974. 

Mills, David. The Idea of Loyalty in Upper Canada, 1784-1850. Montreal: 
McGill-Queen's University Press, 1988. 

Morgan, Henry J. Sketches of Celebrated Canadians. London: Hunter, 
Rose & Co., 1862. 

Monet, Jacques. The Last Canon Shot: A Study of French-Canadian 
Nationalism, 1837-1850. Toronto: University of Toronto Press, 
1969. 

Nelles, R. B. The County of Haldimand in the Days of Auld Lang Syne. 
Port Hope, Ontario: The Hamly Press, 1905. 

Noel, S. R. J. Patrons, Clients, Brokers: Ontario Society and Politics, 
1791-1896. Toronto: University of Toronto Press, 1990. 

Normand in, Pierre G., ed. Canadian Parliamentary Guide, 1989. Toronto: 
Info Globe, 1989. 



322 



"Whose Servant I Am' 



0*Callaghan, Edmund B., ed. Documents Relative to the Colonial History 
of the State of New York. Vol.8. Albany, N.Y.: Weed, Parsons 
& Co., 1857. «^ 

Oliver, Peter G. G. Howard Ferguson: Ontario Tory. Toronto: University 
of Toronto Press, 1977. 

Osborne, Brian S. and Donald Swainson. Kingston: Building on the Past. 
Westport, Ontario: Butternut Press, 1988. 

Ouellet, Fernand. LeBas-Canada, 1791-1840: Changements structuraux et 
crise. Ottawa: Editions de I'Universit^ d'Ottawa, 1980. 

Picton Centennial Committee. Picton's 100 Years, 1837-1937: A Historical 
Record of Achievement. Official Souvenir Book of Prince Edward 
County's Old Boys' Reunion. Picton, Ontario: The Picton Gazette 
Publishing Co., 1937. 

Powley, J. History of Odd Fellowship. Toronto: Grand Lodge of Ontario, 
International Order of Oddfellows, 1943. 

Preston, Richard A., ed. Kingston Before the War of 1812: A Collection of 
Documents. Toronto: University of Toronto Press, 1959. 

Read, D. B. The Lieutenant-Governors of Upper Canada and Ontario, 
1792-1899. Toronto: William Briggs, 1900. 

. The Lives of the Judges of Upper Canada and Ontario, from 



1791 to the Present Time. Toronto: Rowsell and Hutchinson, 1888. 

Robinson, Dean and Judy. Mitchell: A Reflection. Erin, Ontario: The 
Boston Mills Press, 1987. 

Rordans, J., ed. The Upper Canada Law List for 1860-1861. Toronto: 
Maclear & Co., 1860. 

. The Upper Canadian Law Directory for 1857. Toronto: 



Henry Rowsell, 1856. 

Rose, G. L., ed. A Cyclopedia of Canadian Biography. Toronto: Rose 
Publishing Co., 1888. 

323 



'Whose Servant I Am' 



Ross, A. H. D. Ottawa: Past and Present. Toronto: Musson Book 
Company, 1927. 

Roy, Pierre-Georges. Les Juges de la province de Quebec. Quebec: 
Service des Archives du Gouvernement de la province de Quebec, 
1933. 

Ruddick, J. A., R. E. English, W. M. Drummond, and J. E. Lattimer. The 
Dairy Industry in Canada. Edited by H. A. Innis. Toronto: The 
Ryerson Press, 1937. 

Rumilly, Robert. Papineau et son temps. 2 vols. Montreal: Editions 
Fides, 1977. 

Ruttan, Henry N. A Part of the Family of Ruttan, 1590-1986. Ottawa: 
Emery Publishing Co., 1986. 

Say well, J. ed. The Canadian Annual Review for 1961. Toronto: 
University of Toronto Press, 1962. 

Schindeler, F. F. Responsible Government in Ontario', 1969. Canadian 
Government Series. Toronto: University of Toronto Press, 1973. 

Scott, Richard William. The Choice of the Capital: Reminiscences Revived 
on the Fiftieth Anniversary of the Selection of Ottawa as the Capital 
of Canada by Her Lake Majesty. Ottawa: The Mortimer Company, 
1907. 

Shortt, Adam. Adam Shortt's History of Canadian Currency and Banking, 
1600-1880. Toronto: The Canadian Bankers' Association, 1923. 

Smith, CM. and J. McLeod, eds. Sir John A.: An Anecdotal Life of John 
A. Macdonald. Toronto: Oxford University Press, 1989. 

Smith, David William. A Short Topographical Description of His Majesty's 
Province of Upper Canada in North America; 1979. London: 
S. R. Publishers, 1969. 

Smyth, William J. The Sash Canada Wore: A Historical Geography of the 
Orange Order in Canada. Toronto: University of Toronto Press, 
1980. 



324 



'Whose Servant I Am ' 



Stamp, Robert M. The Historical Background to Separate Schools in 
Ontario. Toronto: Ministry of Colleges and Universities, 1985. 

Thomas, Earl e. Sir John Johnson: Loyalist Baronet. Toronto: Dundurn 
Press, 1986. 

Trace, Mary Kearns. The Upper Canada Gazette (and American Oracle): 
Index to Personal Names, 1793-1798. Calgary, Alberta: Traces 
Publishing, 1988. 

Van Tyne, Claude Halstead. The Loyalists in the American Revolution. 
New York: Macmillan, 1902. 

Wallace, W. Stewart. The Family Compact: A Chronicle of the Rebellion 
in Upper Canada. Toronto: Macmillan, 1922. 

White, Graham. The Ontario Legislature: A Political Analysis. Toronto: 
University of Toronto Press, 1989. 

White, Randall. Ontario 1610-1985: A Political and Economic History. 
Ontario Heritage Foundation Local History Series no. 1. Toronto: 
Dundurn Press, 1985. 

Williams, Clifford J. Decades of Service: A History of the Ontario Ministry 
of Community and Social Services: 1930-1980. Toronto: The 
Ministry, 1984. 

Wilson, Alan. The Clergy Reserves of Upper Canada: A Canadian 
Mortmain. Canadian Studies in History and Government Series. 
Toronto: University of Toronto Press, 1968. 

Wilson, Bruce G. The Enterprises of Robert Hamilton: A Study of Wealth 
andlnfluenceinEarly Upper Canada, 1776-1812. Ottawa: Carleton 
University Press, 1983. 

Wood, W., ed. Select British Documents of the Canadian War of 1812. 
Vol. II. Toronto: The Champlain Society, 1923. 

Woods, Shirley E. Ottawa: The Capital of Canada. Toronto and New 
York: Doubleday, 1980. 



325 



'Whose Servant I Am' 



The York Almanac and Royal Calendar of Upper Canada for the Year 1825. 
York, Upper Canada: Charles Fothergill, 1825. 

Young, A. H., ed. The Roll of Pupils of Upper Canada College, Toronto: 
January 1830 to June 1916. Kingston, Ontario: Hanson, Crozier & 
Edgar, 1917. 

Young, Brian. George-Etienne Cartier: Montreal Bourgeois. Montreal: 
McGill-Queen's University Press, 1981. 



Journal and Magazine Articles 

Beer, Donald R. "Sir Allan MacNab and the Russell-Sydenham Regime." 
Ontario History 66: \ (March 1974). 

"Chronicles of Napanee. " Lennox and Addington Historical Society Papers 
and Records, 1 (1909). 

Cruikshank, E. A. "A Memoir of Lieutenant-Colonel John Macdonell, of 
Glengarry House, the First Speaker of the Legislative Assembly of 
Upper Canada." Ontario Historical Society Papers and Records 22 
(1923). 

De Lancey, Edward Floyd. "Marshall S. Bidwell: A Memoir Historical and 
Biographical . " The New York Genealogical and Biographical Record 
21:1 (January 1890). 

Edighoffer, Hugh. "Speaker's Ruling: Premature disclosure of government 
policy. Speaker Hugh Edighoffer, 10 June 1986." Canadian 
Parliamentary Review (Winter 1986-1987). 

Edminson, J. "The History of Kingston Penitentiary." Historic Kingston 3 
(1954). 

Herrington, Walter S. "Some Notes on the First Legislative Assembly of 
Ontario and its Speaker, Hon. John Stevenson." Proceedings and 
Transactions of the Royal Society of Canada, Series 3, 9 (1915). 



326 



'Whose Servant I Am" 



Hodgins, Bruce W., and Elwood H. Jones, eds. "A Letter on the Reform 
Party, 1860: Sandfield Macdonald and the London Free Press." 
Ontario History 57 (1965). 

Humphries, Charles W. "The Gamey Affair." Ontario History 59 (1967). 

Issac, Julius. "Delos Roger Davis, K. C." Law Society of Upper Canada 
Gazette 24:4 (December 1990). 

James, C. C. "David William Smith, A Supplementary Note to the Upper 
Canada Election of 1792." Proceedings and Transactions of the 
Royal Society of Canada, Series 3, 7 (1913). 

. "The First Legislators of Upper Canada. " Proceedings and 



Transactions of the Royal Society of Canada. Series 2, 8 (1902-03). 
. "The Second Legislature of Upper Canada, 1796-1800." 



Proceedings and Transactions of the Royal Society of Canada. 
Series 2, 9 (1903-04). 

Kerr, Janet B. "Sir Oliver Mowat and the Campaign of 1894." Ontario 
History 55 (1963). 

Leblovic, Nicholas. "The Life and History of Richard Beasley, Esquire." 
Wentworth Bygones 7 (1967). 

Lefolii, Ken. "The Holy War to Destroy Bill 99. " Maclean 's 14 July 1964. 

Livermore, J. D. "The Ontario Election of 1871: A Case Study of the 
Transfer of Political Power." Ontario History 71 (March 1979). 

Macdonald, John Sandfield. "A Diary of 1837." Introduction by Dr. 
George W. Spragge. Ontario History 47 (1954). 

MacDonnell, W. S. "The Model Farm of Norman Hipel." Forest and 
Outdoors 48 (March 1952). 

MacPherson, Ian. "The 1945 Collapse of the C. C. F. in Windsor." 
Ontario History 61 (1969). 



327 



"Whose Servant I Am' 



Mewett, Alan W. "The Ontario Police Act, 1964." The University of 
Toronto Law Journal 16 (1965-1966). 

Patterson, G. C. "Land Settlement in Upper Canada, 1783-1840." Sixteenth 
Report of the Bureau of Archives of the Province of Ontario 52 
(1920). 

Rea, James E. "Barnabas Bidwell, a Note on the American Years." Ontario 
History 60:2 (June 1968). 

Riddell, William Renwick. "The Bidwell Elections: A Political Episode in 
Upper Canada a Century Ago." Ontario Historical Society Papers 
and Records 2\ (1924). 

, "The Legislature of Upper Canada and Contempt: Drastic 

Methods of Early Provincial Parliaments with Critics." Ontario 
Historical Society Papers and Records 22 (1925). 

. "Thomas Scott, the Second Attorney General of Upper 

Canada. " Ontario Historical Society Papers and Records 20 ( 1 923) . 

Roth, Theresa. "Clara Brett Martin ~ Canada's Pioneer Woman Lawyer." 
Law Society of Upper Canada Gazette. 18:3 (1984). 

Ruttan, Henry. "Autobiography of the Honourable Henry Ruttan of 
Cobourg, Upper Canada." Annual Transactions of the United Empire 
Loyalists (1899). 

Sissons, C. B. "The Case of Bidwell: Correspondence Connected with the 
'Withdrawal' of Marshall Spring Bidwell from Canada." Canadian 
Historical Review 27 (1946). 

Stokes, John E. "The Role of Speaker." Municipal World (November 
1980). 

Swainson, Donald. "Sir Henry Smith and the Politics of the Union." 
Ontario History 65 (1974). 



328 



'Whose Servant I Am' 



Unpublished Works 

Beer, Donald. "The Political Career of Sir Allan Napier MacNab."' 
Unpublished Master's Thesis. Queen's University, 1963. 

Hodgins, Bruce W. "The Political Career of John Sandfield Macdonald." 
Unpublished Doctoral Dissertation. University of Toronto, 1964. 

Hoffman, J. D. "Farmer-Labour Government in Ontario, 1919-1923." 
Unpublished Master's Thesis. University of Toronto, 1959. 



Newspapers 

Brockville Recorder, Cambridge Daily Reporter., Cambridge Reporter, 
Campbellford Herald; Canadian Correspondent; Collingwood Enterprise- 
Bulletin; Gait Daily Reporter; Globe and Mail; Kitchener-Waterloo Record; 
London Free Press; Mitchell Advocate; Montreal Gazette; The Ottawa 
Citizen; Ottawa Journal; Peterborough Examiner; The Prestonian; Sault Ste. 
Marie Star; Stratford Herald; Thunder Bay Chronicle-Journal; Toronto 
British Colonist; Toronto Examiner; Toronto Star; Toronto Sun; Upper 
Canada Gazette and American Oracle; Upper Canadian Advocate; Windsor 
Star; Winnipeg Free Press; Winnipeg Sun. 



329 



"Whose Servant I Am' 

Errata 
Page 

45 Second paragraph should not be indented. 

58 Lines 27 through 34 should be indented. 

70 Line 29 should read: "... religious sects; government's tampering ..." 

77 Line 27 should read: "... because one of his own clients had been involved 

n 

78 Line 23 should read: Desjardins Canal Company 

88 Endnotes 1 and 2 should read: Canniff. 

89 Endnote 11 should read: Dictionary of Canadian Biography ^ vol. 10, 
p. 637. 

93 Line 30 should read: "... his knowledge of members ..." 

114 Line 17 should read: "... continued to practice law and, in 1854, was 

made ..." 
116 Line 18 should read: "... he rejected this offer because of his political 

ideals ..." 
119 Endnote 22 should read: Desjardins. 

132 Line 33 should read: "... members passed 15 resolutions which contained 

II 

133 Endnote 1 should read: Dictionary of Canadian Biography , vol. 11. 

134 Endnotes 5, 7, 21, 22 and 23 should read: Dictionary of Canadian 
Biography, vol. 11. 

161 Line 4 should read: Augustin-Norbert. 

172 Line 36 should read: "In 1876 ..." 

175 Endnote 6 should read: The Dairy Industry in Canada. 

176 Endnote 18 should read: The Stratford Herald, 29 June 1908. 

181 Endnote 2 should read: Rose, A Cyclopedia of Canadian Biography. 
181 Endnote 3 should read: Dictionary of Canadian Biography, vol. 12, p. 52. 
185 Line 38 should read: "In the course of the 9th parliament ..." 

192 Endnote 8 should read: 1903. 

193 Endnote 14 should read: 10th parliament. 

198 Endnote 12 should read: The Woman Suffrage Movement in Canada. 
206 Endnote 3 should read: Legislative Library, Information and Reference 

Services, 1984. 
206 Endnote 4 should read: L. K. Cameron, 1905. 
212 Endnote 18 should read: Legislative Library, Research and Information 

Services, 1984. 
214 Line 37 should read: "In this instance, the Liberals and Conservatives 

expressed their contempt for the legislation in a similar fashion." 
216 Endnote 2 should read: Legislative Library, Research and Information 

Services, 1984. 



330 



"Whose Servant I Am " 



218 Line 11 should read: "... as a knowledgeable individual ..." 
244 Line 28 should read: "... stepped down from the dais ..." 
244 Lines 22-23 should read: George Doucett. 

244 Line 30 should read: Farquhar Oliver. 

245 Endnote 1 should read: Legislative Library, Research and Information 
Services, 1985. 

249 Line 5 should read: George Doucett. 

249 Line 11 should read: Farquhar Oliver. 

250 Line 2 should read: "... those preceding it ..." 

251 Endnote 4 should read: 1984. 

254 Endnote 1 should read: Legislative Library, Research and Information 
Services, 1985. 

255 Endnote 15 should read: "Ven. Myrddyn Cooke Davies." 

259 Endnote 4 should read: Legislative Library, Research and Information 

Services, 1984. 
264 Endnote 8 should read: (Toronto: Baptist Johnson, 1952), pp. 18-20. 
267 Line 19 should read: "... were introduced and ratified ..." 

273 Endnote 5 should read: Legislative Library, Research and Information 
Services, 1984. 

274 Endnote 15 should read: McDougall. 
290 Endnote 1 should read: April 1983. 

290 Endnote 3 should read: Legislative Library, Research and Information 
Services, 1984. 

291 Endnotes 9 and 14 should read: Thunder Bay Chronicle-Journal. 
303 Endnote 14 should read: (16 January 1986). 



331 



"Whose Servant I Am" 



Index 



This index lists individuals as well as the names of towns, cities, educational 
institutions, hospitals, etc. Place names are followed by the name of a province, 
state or country in parentheses for locations outside of the territory that makes 
up present-day Ontario, e.g., Aberavon (South Wales). Ontario is specified only 
when necessary to prevent confusion with another place bearing the same name, 
e.g., London (Ontario). In addition, for the sake of simplicity, the term 
"Quebec" has been used for locations in what is now the Province of Quebec 
even when the reference is to the former Province of Lower Canada or the 
Province of Canada. 



Aberavon (South Wales) 253 
Acta Victoriana 195 
Addiction Research Foundation 

(Toronto) 253 
Addington 41, 51, 62-64, 136- 

137, 222, 224 
Adolphustown 85 
Agincourt Collegiate Institute 304 
Albany (New York) 27 
Alcoholism Research Foundation 

(Toronto) 253 
Alfred 186 

Allan, James Noble 262 
Allcock, Hwney 309 
Alliston High School 257 
Alma College (Michigan) 253 
Alwick (England) 12 
Ameliasburgh 213 
American Civil War 162 
American Revolutionary War 1, 

17,27, 34,41, 131 
Amherstburg 177 
Ancaster Hills 27 
Anderson, John 73 
Ashley, John 120 
Askin, John 8 
Auld, John Allan 177 
Aylwin, Thomas 91 

Baby, Francis 106 



Baby, James Jacques 309 
Backwoodsman (Flora) 161 
Baldoon 36-37 

Baldwin, Robert 107-108, 131 
Baldwin, William Warren 63, 69 
Balfour, William Douglas vi, 163, 

177-183, 185, 234 
Ballantyne, Thomas vi, 172-176 
Bank of Montreal 92 
Bank of Upper Canada 37, 45, 132 
Barnstaple (England) 204 
Bates and Dodds Funeral Directors 

242 
Bath (Ontario) 62, 136 
Baxter, Benjamin 167 
Baxter, Jacob vi, 167-171, 208 
Baxter, Jacob Sr. 167 
Bay of Quinte and St. Lawrence 

Steamboat Company 248 
Bay of Quinte Transportation 

Company 248 
Beasley, Richard 12, 27-33 
B^dard, Elzear 99, 127 
Belleau, Narcisse Fortunat 310 
Bellechasse 99-100 
Belleville 131, 133, 213 
Bellevue Hospital Medical College 

(New York City) 167 
Berkshire County (Massachusetts) 

62 



332 



"Whose Servant I Am" 



Berlin (Ontario) 233 

Bertie Township 167 

Bidwell, Barnabas 51-52, 57, 62 

Bidwell, Marshall Spring 62-68 

Black, William David vi, 222-226 

Black Creek 172 

Blake, Edward 138, 145, 151, 156 

Blind River 233 

Boole, George 161 

Boucherville (Quebec) 114 

Bowen, Edward 98 

Brant, Joseph 1 

Brantford 73, 300 

Breslau (Ontario) 233 

Breslau Public School 233 

Bribery Plot 163, 178 

British Child Guest Act (1941) 234 

British North America Act (1867) 

136, 180, 305 

see also Constitution Act (1867) 
Brock Township 195 
Brock University (St. Catharines) 

267 
Brockville 49, 136, 156 
Brockville and Ottawa Railroad 

Company 128 
Brockville Recorder 71 
Brown, George 116, 121, 156 
Bruce East 158 
Bruce South 156-158 
Bunting, Christopher W. 163 
Bum, William 36 
Burritt, Marcus 142 
Burritt's Rapids 227 
Butler, Andrew 17-18 
Butler, John 17-18 
Butler, Walter 1 
Butler's Rangers 1, 34, 37 
By town 142 
Bytown and Prescott Railway 

Company 142 

Cabbagetown (Toronto) 218 



Cambridge (Ontario) 278 
Cambridge Memorial Hospital 

(Ontario) 278 
Cameron, Matthew Crooks 157 
Camp Commission iv-v, 244, 262, 

277-278, 283 
Campbell, Alexander 310 
Campbell, William 309 
Campbellford 282 
Canada Central Railway 145, 186 
Canada Steamship Lines 248 
Canada Temperance Act 146 
Canada Western Railway 186 
Canadian Army Infantry 266 
Canadian Broadcasting Company 

(CBC) 272 
Canadian Constellation 29 
Canadian Pacific Railway 222, 288 
Le Canadien 98 
Canal du Nord (France) 237 
Cannington 204 
Carieton 86, 266 
Carleton County 49 
Carieton University (Ottawa) 304 
Carlow County (Ireland) 227 
Caroline 79 

Caron, Rene-Edouard 310 
Cartier, George-Etienne 115-116 
Cartwright, Richard 309 
Cascaden, John 178 
Cass, Frederick Mcintosh 270-275 
Cassidy, Michael 294 
Cataraqui Club 121 
Cattaraugus County (New York) 

189 
Cayuga (New York) 167 
Centennial Worid Exhibition (1876) 

(Philadelphia) 173 
Central Trunk Railway 190 
Chappie, Thomas 204 
Charles I i 
Charles II ii 
Chariton, Adam 189 



333 



"Whose Servant I Am" 



Charlton, John 189 

Charlton, William Andrew 189-194 

Chatham 162 

Chesterville 266, 270 

Chesterville High School 266 

Churchill Avenue Public School 

266 
Clark, James Howard 237-241 
Clarke, Charles 144 
Clarke, Charles Kirk vi, 161-166, 

168, 173, 178 
Clinton, Henry 34 
Cobourg 85, 88, 284 
Cobourg and Peterborough 

Railroad 128 
Cobourg Mechanics Institute 87 
Colboume, John 63, 77 
College of Physicians and Surgeons 

for Upper Canada Bill 79 
College Saint-Raphael (Montreal) 

91 
CoUingwood 258 
Collins, Francis 63, 77 
Colonial Advocate 70 
Colonial Office (London, 

England) 9-10, 62, 64-65, 71 
Commission on Seigneurial Tenure 

127 
Commissioner of Crown Lands 

108, 114, 116, 145-146, 151 
Commissioner of Industry and 

Publicity 218 
Commissioner of Public Works 

116, 191 
Commissioner of the Peace 86 
Common Schools Bill 57 
Confederation i, iv, vi, 106, 110, 

132, 136, 138 
Congress (U.S.) 51-52, 62 
Conservatives and Conservative 

Party 79, 81, 106-107, 110, 121, 

131, 137, 153, 157, 162-163, 

t 168-169, 178, 185-186, 189-191, 



Conservatives and Conservative 

Party (continued) 

195-196, 199-201, 204-205, 208, 

210, 213-214, 218-219, 222, 227, 

229, 233-234, 243, 245, 248, 

253, 257-258, 261-262, 266-267, 

272, 282-284, 288-289, 294, 299, 

301, 305 
Constitution Act (1867) 136, 152 

see also British North America 

Act (1867) 
Constitutional Act (1791) 98, 309 
Consumers' Gas Company 

(Toronto) 100 
Cookstown Continuation School 

257 
Cooper, Thomas 161 
Cork (Ireland) 161 • 
Cornwall (Ontario) 69, 106-107 
Cornwall Freeholder 107 
County Fermanagh (Ireland) 199 
County Lieutenants 3, 12 
Court of Chancery 153 
Court of Common Pleas 2, 36, 73 
Court of Error and Appeal 73 
Court of King's Bench 49, 52, 65, 

72-73, 79, 106, 309 
Court of Queen's Bench 73 
Court of Requests 12 
Crawford, Thomas vi, 196, 199- 

203 
Crooks Act 168 
Currie, Arthur 237 
Currie, James George vi, 151-155, 

157 
Cuvillier, Augustin iv, 91-97, 99 

Dalhousie (Governor) 93 
Davies, Myrddyn Cooke 253-256 
Davis, Delos Roger 163, 179 
Davis, F. D. 237 
Davis, William 267, 277, 282, 
288-290, 294, 299 



334 



;fe 



"Whose Servant I Am" 



Delos Roger Davis Act (1884) 

163, 179 
Desjardins Canal Company 78 
Detroit (Michigan) 8, 238 
Dionne Quintuplets 234 
District Court of Quarter 

Sessions 2 
Dorchester (Lord) 2, 17 
Dorion, A. A. 116, 131 
Doucett, George 244, 249 
Dowling, J. F. 178 
Downer, Alfred Wallace 257-260 
Downie Township 172 
Draper, William Henry 106-107 
Drew, George 243-245, 248, 253, 

257 
Drury, E. C. 214-215 
Dufferin-Simcoe 257-258 
Dundas, Henry 120 
Dundas County 69, 71, 222, 270 
Dundum Castle (Hamilton, Ontario) 

81 
Dunnville 161 
Duntroon 257 
Durham (Ontario) 28, 208-210 

Eastern District (Luneburg, 
Quebec) 52, 69, 71, 107, 121 

Eccles, William 151 

Echo (Amherstburg) 177 

The Economist 156 

Edighoffer, Hugh Alden 298-303 

Election Act Amendment Act 
(1948) 249 

Elgin (Lord) 109 

Elgin County (Scotland) 1 

Elmsley, John 309 

Elora 161-162, 164 

Elora Regiment 162 

Erin and Cataract Parish 257 

Essex (Archdeacon of) 254 

Essex County 8-9 

Essex Regiment 253 



Essex South 177-179, 261-262 
Evanturel, Francis 184 
Evanturel, Francis Eugene Alfred 

vi, 184-188 
Evanturel, Gustave 186 

Family Compact 30, 63, 69, 78, 

120 
Fenian Raids 162 
Ferguson, George Howard 201, 

210, 223 
Ferguson, John 29 
Fifteen Mile Creek 17 
Fifth Regiment of Foot 8, 10 
Fifth Select Embodied Militia 

Battalion of Lower Canada 92 
Fifty-Sixth Grenville Lisgar 

Regiment 227 
Firth, William 69 
Fochabers (Scotland) 1 
Forfar (Scotland) 177 
Forster, John Wycliffe Lowes vi 
Fort Detroit 8 
Fort George 4 
Fort Henry 120 
Fort Niagara 8, 17, 27 
Fort Schuyler 34 
Fort York 242 
Frontenac 41-42, 121, 123, 137, 

222 
Frontenac Militia 42 
Frost, Leslie 258, 262, 266, 270- 

271 

Gamey, Robert 191, 195 

see also Gamey Affair 
Gamey Affair 191, 1 95- 1 96 , 204 
Gentilly (Quebec) 127 
German Company 18 
Gillies, Phil 300 
Glengarry (Scotland) 34 
Glengarry County (Ontario) 1-3, 

35-37, 107 



335 



"Whose Servant 1 Am" 



Gore District 30, 56-58, 77 

Gouriay, Robert 30 

Gouriay Affair 30 

Govern, A. L. M. 237 

Grand River 19, 29 

Grand River Navigation Company 

78 
Grand Trunk Railway 108, 123, 

128, 131 
Grand Trunk Railway Act 108 
Grantham Academy 177 
Grantham Township 177 
Gravenhurst 233 
Gray, Ann 189 

Great Western Railway 80, 128 
Grenville County 270 
Grenville-Dundas 270 
Grey, Robert 11 
Grey South 208-210 
Grier, Edmund Wyly vi 
Gugy, Colonel 127 

Hagerman, Alexander 120 
Haldimand 28, 167, 169 
Haldimand (General) 34 
Ham, John D. 136 
Hamel, Theophile vi 
Hamilton, George 77 
Hamilton, Robert 19 
Hamilton (Ontario) 31,63,77,81, 

116, 161 
Hardy, Arthur Sturgis vi, 163, 

180, 185 
Harkness, John 91 
Harrow 261 

Hastings (Ontario) 28, 41 
Hastings South 131 
Head, Francis Bond 64-65, 78, 

123 
Hearst, William Howard 209 
Henry, George Stewart 234 
Hepburn, A. W. 248 



Hepburn, James de Congalton 245, 

248-252 
Hepburn, Mitchell 219, 229, 233- 

234, 248, 253 
Hesse Land Board 8, 10 
Hincks , Francis 1 00- 1 1 , 1 08 , 

110, 115 
Hipel, Norman Otto 233-236, 238, 

242, 277 
Home District 28, 35, 56-57, 86 
Home District School 77 
Hospital for Sick Children 

(Toronto) 173, 199 
House of Commons (London, 

England) i-ii, iv, vi, 44, 93, 209, 

229 
House of Commons (Ottawa) 151, 

158, 189, 191, 208, 229 
Howland, W. P. 152 
Hoyle, William Henry 204-207 
Humane Society of British North 

America Act 133 
Hunter, Peter 10 
Huntingdon County (New Jersey) 

136 
Huntingdon County (Quebec) 92- 

93 
Huron College (London, Ontario) 

254 

Independence of Parliament Bill 

(1857) 122 
Independence of the Legislative 

Assembly Act (1869) 138 
IngersoU 237 
Institut-Canadien 1 84 
L'lnterpr^te (UOrignsil) 184 

Jameson, Robert Sympson 310 
Jamieson, David vi, 208-212 
Jarvis Collegiate Institute (Toronto) 

218 
John Stevenson 137 



336 



"Whose Servant I Am" 



Johnson, John 34 
Johnson, William 1 
Johnstown (New York) 34-35 
Johnstown District (Ontario) 49-50, 

86 
Jolliffe, Edward B. 253 
Jones, Jonas 309 
Journal and Express (Hamilton) 

(Ontario) 161 

Kemptville 227 
Kent County 8 
Kerby, John 85 \ 

Kerr, James Kirkpatrick 156 
Kidd, Thomas Ashmore 227-232 
King Edward Masonic Lodge 261 
King's College (Toronto) 52 
King's Royal Regiment of New 

York 34 
Kingston (Ontario) 35, 41, 46, 62, 

116, 120-121, 123, 143,227-229, 

266, 282 
Kingston General Hospital 227 
Kingston Historical Society 227 
Kirkland, F. S. 163, 178 
Kirkpatrick, Thomas 120 
Kitchener 233 

L'Orignal 184 
La Rochefoucauld 12 
Lafontaine, Louis H. 99, 101, 108 
Lake Nipigon 288-289 
Lakefield Preparatory School 293 
Lancaster (Ontario) 106, 266 
Lancaster (Pennsylvania) 37 
Laprairie County (Quebec) 93 
Lasher, Henry 136 
Laurentian University (Sudbury) 

262 
Laurier, Wilfrid 146, 185 
Laval University (Quebec) 184 



Law Society of Upper Canada 41, 

131, 142, 151-153, 156. 163, 

173, 179, 237 
Leeds (England) 261 
Leeds County (Ontario) 49-50, 136 
Leeds Militia (Ontario) 49-50 
Lefaive's Comers 257 
Legislative Assembly Act 244 
Legislative Assembly Act (1974) 

283-284, 301 
Legislative Library 42 
Lennox and Addington County 41, 

51, 62-64, 136-137 
Lennox County 28 
Lenthall, William i, vi 
Liberals and Liberal Party 81, 146, 

156, 167-169, 173, 185-186, 189- 

191, 195,204-205,213-215,229, 

233-235, 237, 239, 244, 248-249, 

253,257,261,294, 299, 301 
Lincoln (England) 161 
Lincoln (First Riding) 28 
Lincoln (Second Riding) 11, 18 
Lincoln (Third Riding) 20 
Lincoln County (Ontario) 19, 21, 

28 
Lincoln County Militia 10, 21 
Liquor Control Act (1927) 224 
Liquor Control Board of Ontario 

223, 244, 249, 258, 284 
London (England) 9-10, 62, 99, 

120, 132, 270 
London (Ontario) 254 
London District (Ontario) 20 
Lord Dufferin Public School 

(Toronto) 218 
Lott, George 136 
Louth Township 177 
Lower Canada see Quebec 

(Province of) 
Lundy's Lane (Battle of, 1814) 69, 

85 



337 



"Whose Servant I Am" 



Luneburg District (Quebec) 1-2, 

52, 69 
Lynedoch 189 
Lyon, R. A. 178 

Macaulay, J. S. 78 
MacDonald, Donald 289 
Macdonald, John Alexander 116, 

120-121, 123, 133, 145, 266 
Macdonald, John Sandfield 71, 73, 

100,106-113,115-116,131,137, 

145-146, 156, 161, 184 
Mackenzie, William Lyon 63-64, 

70, 78 
MacNab, Allan Napier i, 63-64, 

71, 77-84, 86-87, 100-101, 106, 
161, 270, 310 

Magna Carta 305 

Maguire, Thomas 98 

Maitland District 136 

Malloch, Edward 86 

Maloney, James 266 

Manitoba Separate Schools Act 180 

Manitoulin Island 191,195 

Markle, Abraham 42 

Marriage Act 36 

Martin, Clara Brett 173, 179 

Maskinonge (Quebec) 128 

Massawippi Railroad Company 128 

Matheson, Robert 177 

McCrea, Charlie 215 

McDonell, Alexander (Collachie) 

29, 34-40, 50, 86 
McDonell, Allan 34 
McDonell, Angus 35 
McDonell, John (Aberchalder) 1-7, 

22 
McGill, Peter (McCutcheon) 310 
McKellar, Archibald 152 
McKim, Robert 163, 178 
McLean, Allan 41-48, 50 
McLean, Archibald 69-76, 78-79, 

86, 106-107 



McLean, Neil 69 

McMaster University (Hamilton, 

Ontario) 168 
Meek, Edward 163 
Metropolitan Toronto 254, 305 
Midland District 41, 45, 85 
Midland District Grammar School 

120 
Military Settling Department 37 
Militia Bill 3 
Militia Laws 87 
Miller, Frank 299 
La Minerve 98 
Mitchell 298 
Mohawk Valley (New York) 1 , 34- 

35 
Monmouth (Battle of, 1778) 34 
Mons (Belgium) 237 
Montgomery's Tavern (Toronto) 

65 
Montreal (Quebec) 91-92, 94, 101, 

114, 116, 120, 123, 131, 142- 

143, 156 
Montreal and Champlain Railroad 

Company 128 
Montreal Riot (1849) 101 
Morgan, William 189 
Morin, August-Norbert 80-81, 98- 

105, 110, 114, 161 
Morris, James 310 
Morrison, Angus 156 
Morrow, Donald Hugo 266-269 
Mother's Allowance Commission 

210 
Mowat, Oliver 157, 163-164, 178, 

185 
Municipal Bill 107 
Municipal Works Assistance Act 

267 
Murdoch, William 261-265 

Napanee 136-137, 139, 266 
Nassau District 17 



338 



"Whose Servant I Am" 



Near, Daniel 153 

New Democrats and New 

Democratic Party 214, 283, 288- 

289, 293-295, 299, 301, 304-306 
New York 27, 34, 65 
Newark (Ontario) ii, 2, 77 
Newburgh 1 36 
Newcastle District 85-86 
Niagara 17-19, 21, 27, 37, 69, 

151 
Niagara District 19, 161 
Niagara Genessee Company 18 
Niagara-on-the-Lake see Newark 

(Ontario) 
Niagara River 190 
Nichol, Robert 20-21, 50 
Nickle, W. F. 227-228 
Nicolet (Quebec) 99, 127 
Ninety-Sixth Lake Superior 

Battalion 237 
Norfolk County 189 
Norfolk North 189 
Norfolk South 189-191 
Norquay, John 133 , 

North Wellington 178 
Northern Railway Company 199 
Northlea Public School 304 
Northumberland 28, 86, 282-284 
Northumberland (Duke of) 12 
Northumberland Militia 86 
Norton, John 161 
Notre-Dame Cathedral (Montreal) 

94 
Nova Scotia Act 138 

Oakville 116 

Occupational Health and Safety Act 

289 
Old Age Pensions Act (1929) 210 
Oliver, Farquhar 244, 249 
Onslow, Arthur ii 
Ontario Anti-Discrimination 

Commission 258 



Ontario Cancer Treatment and 

Research Foundation 238 
Ontario Commission on the 

Legislature v, 277-278, 283 

see also Camp Commission 
Ontario Electoral Boundaries 

Commission 295 
Ontario Game Resources 

Commission 224 
Ontario Health Insurance 

Commission 277 
Ontario Health Insurance Plan 

(OHIP) 277, 305 
Ontario Historical Society 186 
Ontario Institute for Studies in 

Education (Toronto) 267 
Ontario Parole Board 245 
Ontario Place 277 
Ontario Police Commission 271- 

272 
Ontario Securities Commission 

228, 271 
Ontario South 223 
Ontario-St. Lawrence Development 

Commission 266 
Ontario Temperance Act 209, 219 
Oriskaney (Battle of, 1777) 34 
Osgoode, William 309 
Osgoode Hall (Toronto) 237, 270 
Osnabruck 1 
Ottawa 116, 142-144, 146, 156, 

184, 189, 191, 224, 229, 304 
Ottawa City Passenger Railway 

Company 144 
Ottawa School Board 266 
Ottawa West 266 
Oxford County Militia 21 

Papineau, Louis-Joseph 99 
Pardee, Timothy Blair 163 
Parham 222-223 
Parham School Board 222 
Parkdale (Toronto) 243, 245 



339 



"Whose Servant 1 Am" 



Parliament, Nelson 201, 213-217 
Passchendaele (Belgium) 237 
Patent Combination 137 
Patriotes and Patriote Party 92-93, 

98-99, 114, 127 
Patrons of Industry 169,174 
Pawling, Benjamin 18 
Peebles (Scotland) 172 
Peel, Amelia Margaret Mildred vi 
Pemitescutiang (Port Hope) 27 
Perth (Ontario) 298 
Perth County 172 
Perth North 173 
Perth Settlement 37 
Perth South 173 
Peterborough (Ontario) 262, 293, 

295 
Peterborough Board of Education 

293 
Peterson, David 299 
Philadelphia (Pennsylvania) 34, 

121, 173 
Pickering 12 
Pickering College (Newmarket) 

298 
Picton 248, 250 
Point Edward 162 
Police Act 271 
Port Arthur 237 
Port Dover and Lake Huron 

Railway 172 
Port Hope 27, 248 
Powell, William Dummer 309 
Prescott 142 
Prescott County 35-36, 156, 184- 

186 
Prince Edward County 41, 213- 

214 
Prince Edward-Lennox 248 
Progressive Conservatives and 

Progressive Conservative Party 

see Conservatives and 

Conservative Party 



Provincial Horse Artillery 10 
Public Schools Establishment Act 

36 
Puslinch Township 208 

Quebec (Province of) l, 21, 34, 

114-117,305-306 
Quebec Act (1774) 98 
Quebec City 4, 91, 108, 116, 

127-128, 143, 184-185 
Quebec Resolutions 110 
Queen's College (Cork, Ireland) 

161 
Queen's Light Infantry 106 
Queen's Park (Toronto) 173, 233, 

262, 283-284, 288, 299 
Queen's University (Kingston, 

Ontario) 227, 261,- 266, 282 
Queen's York Rangers 257 
Queenston Heights (Battle of, 1812) 

69 

Rebellion Losses Bill 100 
Rebellion of 1837 65, 79, 87, 99, 

101, 114, 127 
Reformers and Reform Party 63- 

65, 78, 80, 91 , 99-100, 107, 1 10, 

114-115,121, 131-132,137, 151, 

156, 161-162, 167, 177 
Reilly, Leonard 272 
Remedial Bill 200 
Renfrew South 266 
Representation Act (1853) 108- 

109, 262 
Reuter, Allan Edward 242, 276- 

281, 283 
Riverbank Public School 233 
Rivers and Streams Bill 168 
Roach Commission 271 
Road Act 45 
Robarts, John P. 258, 266, 271- 

272, 276 
Roberts, Kelso 262, 271 



340 



"Whose Servant I Am" 



Robinson, John Beverley 309 

Rodgers, David 29 

Roger's Rangers 27 

Rogers, Norman 229 

Ross, George W. 186, 190-191 

Ross, John 310 

Rowe, Earl 229 

Rowe, Russell Daniel 278, 282- 

287, 289 
Royal Air Force 282 
Royal Canadian Air Force 253, 

266, 293 
Royal Canadian Volunteer 

Regiment of Foot 3-4 
Royal Highland Emigrant Regiment 

1, 34 
Royal Ontario Museum (Toronto) 

205 
Russell, Peter 309 
Ruttan, Henry 85-90 
Ryerson, Egerton 144 
Rykert, John Charles 152 

Saguenay (Quebec) 100 
Saint-Hyacinthe (Quebec) 114,117 
Saint-Hyacinthe District Superior 

Court (Quebec) 117 
Saint-Maurice (Quebec) 127-128 
Saint-Michel (Quebec) 98 
Sainte-Adele de Terrebonne 

(Quebec) 101 
Salisbury (England) 8 
Saltfleet Township 56, 59 
Sandeman, Gillian 293 
Sandwich (Windsor) 36, 238 
Scarborough Centre 299 
Scarborough-Ellesmere 304, 306 
School Boards and Teachers 

Collective Negotiations Act 

(1975) 299 
Schreiber 288 
Schuyler (General) 34 



Scott, Richard William 116, 137, 

142-151, 161, 242 
Scott, Thomas 21, 309 
Scott Act (1863) 144 
Second Battalion of Haldimand 

(37th Regiment) 167 
Securities Fraud Prevention Board 

228 
Selkirk (Lord) 36-37 
Seminaire de Nicolet (Quebec) 127 
S^minaire de Quebec 98, 184 
Seminaire de Saint-Hyacinthe 

(Quebec) 114 
Senn, John 168-169 
Seymour, Edward ii 
Shakespearean Festival 

Foundation of Canada 258 
Shaw-Leffevre, Charles ii 
Sherwood, Henry 80 
Sherwood, Levius Peters 49-55, 86 
Sicotte, Louis- Victor 110, 114- 

119, 144, 184 
Simcoe, John Graves 3, 10, 12, 

27, 35, 41 
Sinclair, W. E. N. 223 
Six Nations Indians 12, 18, 29 
Smith, David William 8-16, 18-19, 

29, 41 
Smith, Henry Jr. 120-126, 137- 

138, 270, 272 
Smith, Henry Sr. 121 
Smith, John 8 
Smith, Peter 27 
Smith, Stuart 294 
Somme (France) 237 
St. Andrews (Luneburg District, 

Quebec) 69 
St. Andrew's Anglican Church 

(Harrow) 261 
St. Anne's Market Hall (Montreal) 

101 
St. Catharines 151-152, 177 
St. Catharines News 111 



341 



"Whose Servant 1 Am" 



St. David Riding (Toronto) 219 
St. George's Mission (Walkerville) 

253-254 
St. James' Church (Stratford, 

Ontario) 253 
St. Jean Baptiste Day 114 
St. Jean Baptiste Society 184 
St. John, Joseph Wesley 195-198, 

2(X) 
St. John's (Quebec) 49 
St. Joseph's General Hospital 

(Peterborough, Ontario) 293 
St. Lawrence River 123 
St. Michael's College (Toronto) 

116 
St. Paul's United Church 278 
St. Peter's and St. Paul's Institute 

(Barnstaple, England) 204 
St. Raphael's West 106 
Stevenson, John 136-141, 174, 234 
Stewart, William James 242-249 
Stimson, F. 178 
Stockbridge (Massachusetts) 62 
Stokes, John Edward ("Jack") 214, 

288-292, 294 
Storing, Timothy 52 
Stormont, Dundas and Glengarry 

Highlanders 270 
Stormont County 2, 69-71 
Stratford (Ontario) 174, 253, 258, 

298 
Stratton, James R. 191, 195 
Street, Samuel 17-26 
Sudbury 262 
Suffolk (Ontario) 8-9 
Sunderland 195 
Supreme Court of Civil and 

Criminal Jurisdiction 20 
Supreme Court of Ontario 283 
Sydenham Ward (Kingston, 

Ontario) 227 
Symes, Henry Richard 91 



T. Crawford and Company 199 

T. Eaton Company 208 

Tache, Etienne-Paschal 116,310 

Tach^ Act (1855) 144 

Tenth Royal Veteran Battalion 4 

Terrebonne (Quebec) 101 

Tessier, Ulrich Joseph 310 

Thirteen Colonies 1, 17, 56, 85, 
131 

Thompson, Joseph Elijah vi, 218, 
221 

Thompson, Timothy 28 

Thorold 19, 21 

Thorold Post 153 

Thunder Bay 288 

Todd, Alpheus 109 

Toronto 27, 35, 37, 52, 69, 73, 
78, 100, 106-107, 116, 131, 142- 
143, 151, 156, 162, 173, 179, 
195-196, 199, 201, 205, 209, 
214, 218-219, 227-228, 234, 242- 
243, 245, 248, 258, 276, 283, 
288, 304 

Toronto Baptist College 168 

Toronto Daily Mail 158 

Toronto Exchange 116 

Toronto Historical Board 245 

Toronto Island 219 

Toronto Northeast 218-219 

Toronto School of Medicine 167 

Toronto West 199-200 

Trent University (Peterborough, 
Ontario) 262 

Trinity College School (Port Hope) 
248 

Trois-Rivi^res (Quebec) 128-129 

Turcotte, Joseph-Edouard 127-130 

Turner, John Melville 293-297 

Union Act (1840) 80, 91, 99, 107, 

115, 127, 143, 310 
United Empire loyalists 1-2,11, 

17, 19,27,41,49, 77, 80, 85 



342 



"Whose Servant I Am" 



University of Toronto 156,168, 

195, 208, 237, 257 
Upper Canada College (Toronto) 

131 

Valenciennes (France) 237 
Victoria (Queen) 81, 115-116, 123, 

143-144 
Victoria College (University of 

Toronto) 237, 270 
Victoria University (University of 

Toronto) 195 
Viger, Denis-Benjamin 98-99 
Vimy (France) 237 
Volunteer Incorporated Militia 

Battalion 42, 85 

Waddington (England) 161 
Walkerville 253-254 
Wallbridge, Lewis 131-135 
War of 1812 22, 30, 37, 42, 50, 

57, 62, 69, 77, 85, 92, 167 
Warner, David William 304-308 
Waterloo (Ontario) 233 
Waterloo College 261 
Waterloo County 189 
Waterloo South 233, 276 
Welland 151 
Welland Canal 57, 70 
Welland County 153, 167 
Wellington Centre 162-163 
Wellington County 208, 299 
Wellington East 163 
Wellington Northeast 257 
Wells, Rupert Mearse 156-160 
Wentworth County 27, 77-78, 80 
West Chester County (New York) 

85 



West Elgin 186 
West York County 28 
Western Mercury (Hamilton, 

Ontario) 78 
White, John 8 
Whitney, James Pliny 186, 196, 

205 
Wigle, Lewis 178 
Wilcocks, Joseph 42 
Wilkinson, John A. 163 
Willson, John 56-61, 63,77 
Wilton (Connecticut) 17 
Winchester (Ontario) 270, 273 
Winchester High School 266 
Winchester Springs 266 
Windsor 107, 237-239, 254, 261 
Windsor Garrison 253 
Windsor-Sandwich 238 
Windsor-Walkerville 253-254 
Winnipeg (Manitoba) 133 
Wistar Association (Philadelphia) 

121 
Woodstock College 168 
Workman, Benjamin 120, 131 
Wycliffe College (University of 

Toronto) 257 

York (Ontario) 11,21,30,35- 

36, 85 
York Almanac 45 
York Canadian Freeman 63, 77 
York County 12, 28, 156, 163 
York County Court of Assizes 1 63 
York Hospital 58 
York Militia 10, 29-30, 57, 69 
York University (Toronto) 258 
York (West Riding) 56 
York West 30, 195 



343 



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