Before the arrival of Governor Simcoe, many of the communities had organized their town meetings and appointed their local officers, such as clerks, constables, and overseers of highways. The provisions of the first statute authorizing such meetings were based upon the organizations already in existence, so that the idea of local self-government did not originate with the Legislature. Parliament merely legalized and made general throughout the entire province the holding of just such town meetings as had already been organized in many of the older townships.[#]
[#] For instance, the town meetings of the township of Sidney date from 1791, and those of Adolphustown from 1792, although the statute authorizing them was not passed until July, 1793.
It is no particular mark of superiority to-day to be enrolled as a Justice of the Peace. Not so in the early days of Upper Canada. The humblest citizen may now in correspondence be addressed as "Esquire"; but, a hundred years ago, all hats were doffed when the "Squire" passed through the streets of a village. He was a man of some importance. He tried petty offences in his own neighbourhood; as a member of the Court of Requests, minor civil actions were heard by him; but, as a member of the Court of General Sessions, he rose to his greatest dignity. This body of justices, assembled in General Sessions, not only disposed of criminal cases, except those of the gravest kind, but were clothed with executive power as well. They enacted local legislation for the districts which they represented, they levied and disbursed the taxes, granted licenses, superintended the erection of court houses and gaols, the building of bridges, and generally performed the functions of our municipal councils of to-day. They met periodically in the leading village of the district and sometimes remained in session for a week, and, considering the amount of business they transacted, they were very expeditious, as compared with the modern county council. Few would gainsay the statement, if I were to add that the municipal legislators of to-day frequently do not, in many other respects, attain the standard of a hundred years ago.
PIONEER STAGE COACH. The Weller Line from Toronto East
The town meetings continued to meet once a year on the first Monday in March, to appoint officers, and, although they had no jurisdiction to do so, to pass, repeal, and amend enactments for purely local purposes. These "Prudential Laws", as they called them, regulated such matters as the height of fences, the running at large of certain animals, and the extermination of noxious weeds. The people favoured the town meeting, as it was of their own making. It was the first step in democratic government by and for the people. The chronic grumbler found there an opportunity to air his grievances. The loquacious inflicted his oratory upon his assembled neighbours. Each man to his liking played his part at the annual gathering, and realized that he was of some consequence in controlling the affairs of the township. Thus did the inhabitants continue to encroach upon the authority of the Justices in Session, who from time to time issued their decrees, dealing with some of the matters over which the town meetings had assumed jurisdiction, until 1850, when our present municipal system was introduced and the justices were practically shorn of all but their judicial power.
Parliamentary elections to-day are very tame affairs compared with those of a century ago. The open vote afforded opportunities for exciting scenes that the rising generations know not of. The closing of the bars on election day has robbed the occasion of a good deal of romance. The actual voting contest is now limited to eight hours, from nine to five; and to-day one may rest peacefully in a room adjoining a polling booth and not be aware that an election is in progress.
It was all very different in the days of our grandfathers. Whiskey and the open vote were two very potent factors in keeping up the excitement. Instead of having several booths scattered throughout each township, there was only one in the electoral district. The principal village in the district was generally selected, but sometimes the only booth was set up in a country tavern, especially if it was in a central location and the proprietor could pull enough political strings. A platform was constructed out of rough boards and protected from the weather by a sloping roof. On Monday morning of election week the candidates and their henchmen assembled in the vicinity of the platform, which was known as the hustings. The electors came pouring in from all parts of the district. Each party had its headquarters at a tavern, or tent, or both, where the workers would lay their plans. The forenoon was spent in listening to the orators of the day, and at one o'clock the polling began. It is easy to imagine what would happen to the doubtful voter when he arrived at the village. As the poll was kept open all day and every day until Saturday night, it is not quite so easy to picture the scenes during the last day or two of a hot contest. Couriers with foaming horses were going and coming. Heated discussions frequently terminated in a rough-and-tumble fight, in which a score or more participated. Drunken men reeled about the streets until carefully stowed away by their friends in a tent or in a stall in the tavern stable. If the inebriate had not yet polled his vote, his whilom friends were most solicitous in the attention bestowed upon him.
It not infrequently happened that the indifferent voter purposely played into the hands of both parties. It was a golden opportunity for free lunches and free whiskey; and the longer he deferred the fateful hour when he had to announce to the returning officer the candidate of his choice, the more difficult it was for him to choose. In his dilemma he would seek his solace in a little more whiskey, and, in the end, perhaps vote for the wrong man. If unhappily he did make such a mistake, his political guardians never failed to call his attention to the error in a manner not likely soon to be forgotten—such incidents were thereafter associated in the mind of the offender with unpleasant recollections of the village pump or the nearest creek.
CHAPTER V