In former times it had been possible for the official party to rid themselves of a troublesome opponent upon any slight pretext. Why not now, when the Assembly was well-nigh as obedient as the Upper House, and when some of the ablest members of the Reform party had ceased to occupy themselves with public affairs? Certainly there had never been a time when suppression was more imperatively required, for did not this man Mackenzie spout something very much like democracy in their very faces? Had he not made several speeches in the House which had aroused a spirit of inquiry? If he were allowed to continue, was it not inevitable that some of his waspish stings must take serious effect?

Prosecutions for libel had become unpopular. The case of Francis Collins had aroused such a clamour that it was not deemed wise to try further experiments in that direction. In April, 1828—about the same time when measures had been instituted against Collins—an indictment for libel had actually been laid against Mackenzie for a paragraph published in the Advocate, in which the Crown lawyers and other supporters of the Government had been referred to in contumelious terms, and wherein a hope had been expressed that the constituencies returning certain Tory members to Parliament would clear the Assembly of "the whole of that ominous nest of unclean birds."[150] But the Attorney-General, after keeping the prosecution impending over the defendant's head for many months, had seen fit to abandon it. The times, in fact, had ceased to be propitious for libel prosecutions, and some other way out of the difficulty had to be found. The device actually hit upon to get rid of Mackenzie's opposition in the Assembly was worthy of the minds which had plotted the ruin of Captain Matthews, Justice Willis and Francis Collins. Mackenzie, who had the contract for printing the journals of the House, and who generally had a number of copies of those journals on hand, had distributed a hundred and sixty-eight of them throughout some of the constituencies just prior to the last general election. This had been done at his own expense, and in the interest of the Reform candidates; for he believed that no more effective campaign document could be devised than a truthful record of the proceedings in the House. But as strict matter of Parliamentary law he had been guilty of a breach of privilege, no one having a right to publish reports of the proceedings of the Houses without authority. The existence of such a rule is perhaps salutary, as there are conceivable cases in which it would be inexpedient to allow such publication. But, as everybody knew, Parliament had long been accustomed to wink at perpetual violations of this rule. Newspapers all over the world had been permitted, and even encouraged, to transgress it. Some of the leading organs of public opinion in different parts of the world had built up their reputations mainly by the fulness and accuracy of their reports of Parliamentary proceedings. Nothing can be more certain than that there would have been no talk about enforcing the obsolete rule at this time but for the fact that it seemed to afford a pretext for punishing the man whom the Government party wished to destroy. The attempt to enforce it was not a success. The motion to that end was made by Allan MacNab, and was to the effect that Mackenzie had abused the trust reposed in him as the printer of the journals, by distributing portions of the same for political purposes, and among persons not entitled to copies thereof, thereby committing a breach of the privileges of the House. The junior member for Wentworth thundered with tremendous vehemence in support of his motion. To judge from his language, his soul had been stirred to its nethermost depths by this lamentable violation of Parliamentary privilege, which he characterized as a species of treason. Hagerman and Boulton followed in the same strain, the latter waxing almost pathetic in his expressions of devotion to the British constitution. But their exertions were ineffectual. The House, subservient though it was, was not to be coerced into supporting a motion which, if carried, would almost certainly be converted into a basis of attack on persons who were favourable to the Administration. A majority of the members foresaw that if Mackenzie were punished on such a pretext, his fellow-workers in the Assembly would not fail to institute measures against the publishers of various newspapers throughout the land who had been in the constant habit of reporting the proceedings in Parliament without leave. Only fifteen members voted for MacNab's motion, while twenty recorded their votes against it, and among the latter were several of the most redoubtable Tories in the House. The organizers of the attack perceived that they had made a false move, and withdrew their forces for a fresh assault in a different quarter.

The opportunity for a fresh attack did not present itself until the following session. Meanwhile, Mackenzie occupied himself in turning his notoriety to account, and in developing his policy of agitation. He resolved upon getting up a series of petitions to the King and the Imperial Parliament, calling attention to the various grievances wherewith the inhabitants of the Province were burdened, and praying for redress. During the summer he carried out his project by organizing a series of public meetings in some of the most populous cities and towns of the Province, at each of which a petition was adopted and numerously signed. It is said that the aggregate number of signatures obtained exceeded 24,500. The agitator's success encouraged him to persevere in the course he had adopted, and when Parliament re-assembled in November he was ripe and ready for the fray that was sure to follow. The assault against him now took the shape of a charge of gross, scandalous and malicious libel, intended and calculated to bring the House and the Government of the Province into contempt, and to excite groundless suspicion and distrust in the minds of the inhabitants, thereby constituting a breach of privilege. The matter complained of was embodied in two articles published in the Advocate subsequent to the opening of the session, and both publication and authorship were admitted by Mackenzie. One of the articles was a sharp criticism on the manner in which the House had treated a petition from certain inhabitants of Vaughan. The other was a well-merited tirade against the local Executive, which was unfavourably contrasted with that of the sister Province. Neither of them was grossly abusive, nor even unfair. They were indeed exceptionally favourable specimens of the Mackenzie style of journalism, and were incomparably milder than articles which may constantly be seen in the Canadian party journals of the present day.

Being called upon for his defence, Mackenzie addressed the House with more than his wonted ability. He exposed the flimsiness of the charges against him, and the gross partiality of the proceedings. But the House was in search, not of justice, but of a victim, and neither the eloquence of a Demosthenes nor the reasoning powers of a Pascal would have availed aught with that hostile majority. Attorney-General Boulton, in the course of the discussion, delivered himself of a tempest of characteristic abuse against the accused, to whom he referred as a reptile. Solicitor-General Hagerman could always be depended upon as a good second in such emergencies, and followed up by referring to Mr. Mackenzie as a spaniel dog. The House seemed to accept these choice Parliamentary epithets with approval. They came from an official source, and it is so easy to be strong upon the stronger side. Little chance was there for the maimed and bleeding under dog in the fight among that crowd of venal and merciless sycophants, some of whom had libelled the late Assembly in terms thrice as gross as any that had been employed in the articles in question. The tu quoque argument is not generally admissible in legal investigations, but surely it might have been permitted to have some weight with the judges—who were likewise the jurors—in this case. Neither that nor any argument appears to have been seriously considered. The usual forms were gone through, in order to preserve some appearance of conventional propriety, but a verdict of guilty was altogether certain and beyond peradventure from the moment when the indictment was laid. By a vote of twenty-seven to fifteen it was resolved that Mackenzie was guilty of the libel charged against him. By a vote of twenty-six to fourteen it was resolved that he was guilty of a high breach of the privileges of the House. And by a vote of twenty-four to fifteen, it was resolved that he be expelled therefrom.

To characterize these proceedings as a series of shameful abuses of power is certainly not to exceed the bounds of moderation. The persons responsible for them must stand tainted at the bar of history for all time to come. It is far from desirable to perpetuate the bitterness of the past, but it is possible for oblivion to be too charitable. It is well that those who are accustomed to speak of "the rebels" of 1837 with contumely and indignation should bear in mind against whom and what it was that they rebelled. The expulsion of Mackenzie from the Assembly was not the greatest act of tyranny to which the people of Upper Canada were compelled to submit in the far-away days that are gone; but the nature of the abuse was such that it awoke widespread alarm, and gave rise to ominous forebodings. It indicated that constitutional opposition to the Government was no longer safe in the Assembly, as it had been during the two preceding Parliaments. It indicated that nothing approaching to a fair trial was to be had, even from the High Court of Parliament, for a politician who dared to criticize the official methods of transacting the public business. Growls of discontent were heard from all over the County of York, whose representative was treated with such ignominy. People were heard to express an opinion that Upper Canada was no longer a fit place of abode for free men and women.

The public indignation found expression in several petitions, addressed to the Lieutenant-Governor by electors in York and elsewhere, in which his Excellency was asked to "dismiss a House tainted with the worst vices of judicial partiality." A deputation, consisting of more than nine hundred persons, called at Government House to present one of these manifestations of popular sentiment. His Excellency could not well refuse to receive a respectfully-worded petition, but his reply was so curt and unsatisfactory as to amount to positive insolence. "Gentlemen," said he, "I have received the petition of the inhabitants." And with this wholly unnecessary item of information the deputation was compelled to withdraw. So utter a disregard for the expression of the opinion of a considerable body of the inhabitants was without precedent in the annals of the Province. That the prayer of the petition would be granted, or even that it would be taken into serious consideration, was hardly to be expected. Its very nature forbade any such expectation. But, considering the number of names appended to it, it certainly merited a serious response, in which light the actual rejoinder could not be regarded. The proceeding showed not merely indifference, but contempt; and thenceforward Sir John Colborne was as cordially hated by the Reformers of Upper Canada as ever Sir Peregrine Maitland had been.[151]

The efforts of the faction to ruin and humiliate Mackenzie had the effect which such treatment always produces in communities where the inhabitants have been indoctrinated with ideas of fair play and equal rights. It made a popular hero of one who, if the truth must be told, had very little of the heroic in his composition. Had the Government been wise enough in their own interests to let him have his say in the Assembly, he would soon have found his proper level, and would have ceased to carry any weight there.[152] He would undoubtedly have raised a good deal of temporary excitement by unearthing abuses, and by vituperating persons whom he disliked. But he could never have seriously threatened the supremacy of the Compact, for the very sufficient reason that he could not command the sympathies or respect of the leading spirits of his own party. Rolph, the Bidwells and the Baldwins had by this time come to rate Mackenzie at about his true value. They recognized his talents, which were many and considerable. He had a clear head for accounts, and was full of suggestive ideas about matters of finance. Some of these ideas were unpractical, and even chimerical, but anyone capable of separating the wheat from the chaff could learn much from him, and could render his suggestions available. He was an excellent subordinate, useful on committees, and active in the management of details. He also had his uses as the conductor of a public press, though, owing to the erratic and ill-balanced mind of its editor, the Advocate was in some respects a source of weakness rather than of strength. His influence was pretty much confined to the farmers and mechanics of that portion of the country where his paper was chiefly circulated; and even there his influence would never have been anything like so great as it actually became had it not been for the persecution to which he was subjected. Over and beyond, he could not be said to have any distinctive locus standi in the Reform party. Of statesmanship, properly so called, he had nothing beyond the most misty conception. The structure of his mind prevented him from seeing a question in its various aspects, and in judging of future political events he was much more often wrong than right. That he was honestly desirous of advancing the cause which he had espoused there seemed no good reason to doubt, but it was evident to those who were brought into intimate relations with him that the fiery zeal which he displayed was made up at least as much of hatred of his foes as of any overpowering enthusiasm for Reform. Another quality which seriously interfered with his usefulness was his exceeding want of discretion. He seemed to be utterly incapable of keeping his own counsel, and a secret once told to him was a secret no longer. His rashness and impetuosity were proverbial, and were perpetually involving him in disputes, not only with enemies but with friends.

1832.

It was surely a short-sighted policy which gave to a man so constituted a factitious importance, and which made him for some years the most notorious personage in Upper Canada. The treatment he had received aroused popular sympathy on his behalf, and preparations were made to return him again for the County of York by an increased majority. When the new election was held, on the 2nd of January in the following year, a long procession of sleighs escorted him to the polling-place, which was the Red Lion Tavern, on Yonge Street. Two thousand persons assembled to witness the triumph of "the people's friend." An Oppositionist was nominated, but as he received only one vote during the hour and a half which elapsed after the opening of the poll, he abandoned the contest, and Mackenzie's triumph was assured. The close of the poll was followed by the presentation of a gold medal by his constituents, as a token of their approbation. A number of sleighs were then formed in line and paraded down Yonge Street, and thence past Government House and down to the Parliament Buildings. The foremost sleigh was decorated with enthusiastic mottoes painted on calico, and cheers for the successful candidate rent the air as the procession passed along the principal thoroughfares. All this popular adulation was grateful to Mackenzie's soul. He was in his element.

There is no need to linger over this part of the narrative. Parliament was still in session, and the Assembly were resolved that, no matter what the electors of York might think proper to do, Mackenzie should not sit in the House. A new pretext for his expulsion was found in an article of which he avowed himself to be the author, and which appeared in the Advocate of the 5th of January. This article was a true and by no means intemperate recital of certain well-known facts as to certain measures which had been passed by the Assembly. It was notwithstanding adjudged, by a vote of twenty-seven to nineteen, to be a libel on the House, and a high breach of its privileges; and it was further resolved that Mr. Mackenzie be expelled the House, and declared unfit and unworthy to hold a seat therein during the existing Parliament. But his constituency stood loyally by him, and again re-elected him by an overwhelming majority within a few weeks after this second expulsion. His popularity reached a higher point than ever. Public meetings were held all over the Province to protest against the measures which had been adopted towards him, and petitions to the King and the Imperial Parliament were again circulated and signed by great numbers of the inhabitants. These meetings proved so successful that the Government party deemed it wise to take some steps of a similar character on their own behalf, with a view to checkmating the operations of the Reformers. Nothing is more easy than to obtain signatures to petitions, which are frequently signed without being read. Opposition meetings were held by supporters of the Government, at which excuses were attempted to be made for the expulsions of Mackenzie, and at which counter petitions to the King and Parliament of Great Britain were signed by many thousands of persons. One of the meetings was held at Hamilton on the 19th of March, and Mackenzie attended it by special invitation. That same night an attack was made upon him by certain myrmidons of the official party, who kicked and beat him severely. At another meeting held at York four days later the proceedings became so riotous that the Sheriff professed himself unable to preserve the peace. An attack was made upon the office of the Advocate, the windows of which were broken. The town remained in a very disturbed state throughout the ensuing night, and a large proportion of the inhabitants did not venture to seek repose. Mackenzie deemed it prudent to retire into the country for several weeks; and almost immediately after his return to town he set off on an important mission to England. It was considered that the most effectual method of impressing the subject-matter of the various Reform petitions upon those to whom they were addressed would he to send Mackenzie himself across the Atlantic to present them, and to urge the many much-needed colonial reforms upon the attention of members of the British House of Commons. It was believed that he could accomplish the various objects of his mission and return in time to take his seat in the Assembly at its opening towards the close of the year. He deputed the editing and publication of the Advocate to other hands, and sailed from New York on the 1st of May. In due course he reached his destination, and put himself into communication with Hume, Roebuck, Cobbett, O'Connell, and other eminent persons of Liberal proclivities, including Lord Goderich, the Colonial Secretary.