The times were rough. In Macdonald's first case, which was at Picton, he and the opposing counsel became involved in an argument, which, waxing hotter and hotter, culminated in blows. They closed and fought in open court, to the scandal of the judge, who immediately instructed the crier to enforce order. This crier was an old man, personally much attached to Macdonald, in whom he took a lively interest. In pursuance of his duty, however, he was compelled to interfere. Moving towards the combatants, and circling round them, he shouted in stentorian tones, 'Order in the court, order in the court!' adding in a low, but intensely sympathetic voice as he passed near his protégé, 'Hit him, John!' I have heard Sir John Macdonald say that, in many a parliamentary encounter of after years, he has seemed to hear, above the excitement of the occasion, the voice of the old crier whispering in his ear the words of encouragement, 'Hit him, John!'
In 1837 the rebellion broke out, and Macdonald hastened to give his services to the cause of law and order. 'I carried my musket in '37,' he was wont to say in after years. One day he gave me an account of a long march his company made, I forget from what place, but with Toronto as the objective point. 'The day was hot, my feet were blistered—I was but a weary boy—and I thought I should have dropped under the weight of the flint musket which galled my shoulder. But I managed to keep up with my companion, a grim old soldier, who seemed impervious to fatigue.'
In 1838 took place the notorious Von Shoultz affair, about which much misunderstanding exists. The facts are these. During the rebellion of 1837-38 a party of Americans crossed the border and captured a windmill near Prescott, which they held for eight days. They were finally dislodged, arrested, and tried by court-martial. The quartermaster of the insurgents was a man named Gold. He was taken, as was also Von Shoultz, a Polish gentleman. Gold had a brother-in-law in Kingston, named Ford. Ford was anxious that some effort should be made to defend his relative. Leading lawyers refused the service. One morning Ford came to Macdonald's house before he was up. After much entreaty he persuaded Macdonald to undertake the defence. There could be practically no defence, however, and Von Shoultz, Gold, and nine others were condemned and hanged. Von Shoultz's career had been chequered. He was born in Cracow. His father, a major in a Cracow regiment, was killed in action while fighting for the cause of an independent Poland, and on the field of battle his son was selected by the corps to fill his father's place. He afterwards drifted about Europe until he reached Florence, where he taught music for a while. There he married an English girl, daughter of an Indian officer, General Mackenzie. Von Shoultz subsequently crossed to America, settled in Virginia, took out a patent for crystallizing salt, and acquired some property. The course of business took him to Salina, N.Y., not far from the Canadian boundary, where he heard of the rebellion going on in Canada. He not unnaturally associated the cause of the rebels with that of his Polish brethren warring against oppression. He had been told that the Canadians were serfs, fighting for liberty. Fired with zeal for such a cause, he crossed the frontier with a company and was captured. He was only second in command, the nominal chief being a Yankee named Abbey, who tried to run away, and who, Von Shoultz declared to Macdonald, was a coward.
Von Shoultz left to Macdonald a hundred dollars in his will. 'I wish my executors to give Mr John A. Macdonald $100 for his kindness to me.' This was in the original draft, but Macdonald left it out when reading over the will for his signature. Von Shoultz observed the omission, and said, 'You have left that out.' Macdonald replied yes, that he would not take it. 'Well,' replied Von Shoultz, 'if it cannot be done one way, it can another.' So he wrote with his own hand a letter of instructions to his executors to pay this money over, but Macdonald refused to accept it.
It has been generally stated that it was the 'eloquent appeal' on behalf of this unfortunate man which established Macdonald's reputation at the bar, but this is quite a mistake. Macdonald never made any speech in defence of Von Shoultz, for two very good reasons. First, the Pole pleaded guilty at the outset; and, secondly, the trial was by court-martial, on which occasions, in those days, counsel were not allowed to address the court on behalf of the prisoner.
This erroneous impression leads me to say that a good deal of misapprehension exists respecting the early manhood of Canada's first prime minister. He left school, as we have seen, at an age when many boys begin their studies. He did this in order that he might assist in supporting his parents and sisters, who, from causes which I have indicated, were in need of his help. The responsibility was no light one for a lad of fifteen. Life with him in those days was a struggle; and all the glamour with which writers seek to invest it, who begin their accounts by mysterious allusions to the mailed barons of his line, is quite out of place. His grandfather was a merchant in a Highland village. His father served his apprenticeship in his grandfather's shop, and he himself was compelled to begin the battle of life when a mere lad. Sir John Macdonald owed nothing to birth or fortune. He did not think little of either of them, but it is the simple truth to say that he attained the eminent position which he afterwards occupied solely by his own exertions. He was proud of this fact, and those who thought to flatter him by asserting the contrary little knew the man. Nor is it true that he leaped at one bound into the first rank of the legal profession. On the contrary, I believe that his progress at the bar, although uniform and constant, was not extraordinarily rapid. He once told me that he was unfortunate, in the beginning of his career, with his criminal cases, several of his clients, of whom Von Shoultz was one, having been hanged. This piece of ill luck was so marked that somebody (I think it was William Henry Draper, afterwards chief justice) said to him, jokingly, one day, 'John A., we shall have to make you attorney-general, owing to your success in securing convictions!'
John A. Macdonald in 1842
Macdonald's mother was in many ways a remarkable woman. She had great energy and strength of will, and it was she, to use his own words, who 'kept the family together' during their first years in Canada. For her he ever cherished a tender regard, and her death, which occurred in 1862, was a great grief to him.