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deemed advisable to organize a new association on a broader basis, with a special eye to cooeperation with Reformers who resided in the rural districts. This was accordingly done under the auspices of some of the leading Reformers of Toronto. In contradistinction to the British Constitutional Society mentioned towards the close of the last chapter, the new association was called the Constitutional Reform Society. Dr. Baldwin accepted the Presidency, and Francis Hincks, who was then engaged in commercial life in Toronto, was appointed Secretary. Steps were taken to counteract the misrepresentations of the official party, and generally for the efficient maintenance of the impending election campaign. The Reformers seem to have greatly underestimated the efforts of their opponents. As the event proved, they were also hopelessly astray in gauging the public opinion of the Province, for they looked forward to the approaching contest with the utmost confidence in the result. The new society, it was thought, would accomplish wonders in the way of thorough organization, and it was confidently believed that the existing Reform majority in the Assembly would be fully maintained, if not increased. The efforts of the official party to spread a belief prejudicial to the patriotism of the Reformers were laughed to scorn. So also was the attempt of the Lieutenant-Governor to imbue the inhabitants with a belief in the probability of a foreign invasion. Upon the promulgation of the challenge to the imaginary invader, a number of the Toronto Reformers, with Mr. Hincks at their head, amused themselves by perpetrating a practical joke. Having taken counsel together, they formed themselves into a deputation, and called upon his Excellency in a state of well-assumed perturbation. In a formal address they expressed much solicitude on the subject of the contemplated invasion. They professed to re-echo his unbounded confidence in the Provincial militia, but begged to be informed of the quarter whence the attack was anticipated. "We do not doubt," said they, in their Address, "the readiness with which would be answered upon any emergency your appeal to the militia, which appeal we are satisfied would not have been made without adequate cause. In a matter so seriously affecting the peace and tranquillity of the country, and the security of its commerce, we beg to learn from your Excellency from what quarter the invasion is alleged to be threatened." To this not unreasonable demand the Lieutenant-Governor was unable to make any definite reply. The absurdity of his challenge was for the first time fully brought home to him. According to the testimony of eye-witnesses, he "did not sit, but stood with that personal oscillation which you witness in a man so situated as not well to know what to say or what to do."[244] When at last his reply came, it proved to be the briefest and most sensible of all his replies. "Gentlemen," said he, "I have no further observations to make to you on this subject." The deputation, struggling with suppressed laughter, withdrew.
The Provincial Parliament was dissolved on the 28th of May, and as it was thought desirable to strike while the iron was hot, the elections were hurried on with unseemly haste. They began on the 20th of June, and all the returns were in during the first week in July. The issue was an exciting, but not a doubtful one, for the official party entered upon the contest with loaded dice and a determination to win. Numerous attempts have been made to explain and excuse their conduct during this eventful epoch; but it is impossible to blink the fact that the result was a foregone conclusion from the very moment of the issue of the writs. The whole weight of the Government was put forward to ensure the return of Tory candidates, and this was done in the most direct and shameless manner. The Lieutenant-Governor openly made himself a party to the contest. His replies to the various addresses which he had himself promoted were one and all set to the same tune.[245] The issue was presented in such a light that no inconsiderable part of the population were led to believe that the maintenance of British connection depended upon the result of the contest. Owing to the representations of Government emissaries, backed by the Tory press, and reinforced by the inflammatory speeches and addresses of the Lieutenant-Governor, it was widely believed that should the Reformers succeed there would be a speedy uprooting of cherished institutions, followed by separation from the mother country and ultimate annexation to the United States. The indiscreet language of Mackenzie and some other Radicals had been such as to lend colour to misrepresentations of this nature, and the spirit thereby aroused was decisive of the result. Not only professed Tories, but most of the moderate-minded of the population, rallied to the side of the Lieutenant-Governor, to uphold British connection, and to oppose the encroachment of republican and revolutionary ideas. Loyalty was rampant, and patriotic fervour was aroused to a height which it had not reached in Upper Canada since the War of 1812. "Down with democracy!" "Down with republicanism!" "Hurrah for Sir Francis Head and British connection!" Such were the legends inscribed on the dead-walls in the principal towns of the Province.[246] Tory votes were manufactured by wholesale, and Tory funds were squandered with reckless profusion. For the first time in the history of Upper Canada, Government agents were sent down to the polling-places armed with patents for land, to be distributed among the electors. It is open to doubt whether some of these were not conferred upon persons who had no title to them.[247] Reform votes were rejected by partisan returning-officers upon the most frivolous pretexts. Gangs of ruffians were stationed at the polls to intimidate those who ventured near to record their votes in favour of anti-Government candidates. In at least one instance, the Lieutenant-Governor presented himself in person at the polling-place while the contest was at its height, and remained there for some time on horseback, in close proximity to the spot where votes were recorded.[248] As for the Reformers, they were soon aroused from their dreams of confidence. But their rude awakening, early as it was, came all too late. They perceived that the seed had been well sown, and that the crop would have to be reaped. They found themselves looked upon with suspicion and dislike among their neighbours and others from whom they had been accustomed to receive confidence and respect. They needed all the courage of their opinions to support them against the obloquy which official slander had aroused. The courageous among them faced the polls in the spirit of a forlorn hope. The more timid quietly remained at home and refrained from voting, rather than subject themselves to certain insult and probable physical violence.
It may perhaps be urged, in reply to some of the foregoing allegations, that a Committee of the Assembly subsequently inquired into the various matters complained of, and that their report acquitted the Governor of all culpability. But anyone who is familiar with the proceedings of election committees in those days, and even in times much more recent, will not need to be informed how much--or how little--weight should be attached to a verdict from such a source. In the case under consideration, the proceedings were conducted with exceptional disregard to propriety, and the verdict of acquittal cannot be considered as of any value whatever. Only one member of the Committee heard the whole of the evidence upon which the report was based. Three of the members declared that the report was adopted without their knowledge or consent. Of the other five members who prepared the document, one attended only two meetings out of fourteen; while another attended four, and another five. A fourth member attended twelve meetings, and one only of the five attended all the fourteen. The inquiry was from first to last conducted in a spirit of partisanship, and the report, in the language of Dr. Rolph, was "the offspring of untempered zeal, insufficient evidence, hasty conclusions, and executive devotion."[249] As a general rule, it is a difficult matter to convict a Government of actual, direct interference with the freedom of election. But in the case of the general election of 1836, there is unfortunately no room for doubt. That patents were issued in great numbers by the Commissioner of Crown Lands, and despatched by the hands of trusted agents of the Government to the polling-places, to be used by the voters, is as well established as is the fact of the election itself. Nay, the fact is admitted by Sir Francis Head in the supplemental chapter to his "Narrative," as well as by the Committee appointed by the Assembly to investigate the matter, and the attempts to explain it away are of the weakest kind. The number of patents issued was so great as to require a special staff of extra clerks to get them ready by the time they were wanted. In some cases the patents covered only a quarter of an acre of wild, uncultivated land, upon which no buildings had been erected. Many of them were issued between the date of the dissolution of Parliament and the close of the election a month later,[250] and in some instances they were issued after the actual opening of the poll. They were distributed openly at the places where the elections were held, to persons who had not applied for them, and who, at least in some instances, received them without paying the usual fees, merely that they might thereby be enabled to vote. Whether the issue of the patents affected the result of the election in any single instance is altogether beside the question. It would be absurd to pretend, in the face of such tactics as these, that there was any real freedom of choice offered to the people in the matter of Parliamentary representation. Freedom of election was paralyzed. Reform voters were literally overwhelmed, and their franchise rendered of no avail. All this was done with the cognizance and assent of the Lieutenant-Governor, who thereby wilfully violated the instructions which he had received from the Home Office.[251]
The result of an election contest conducted on these lines was such as to fully realize the expectations of Sir Francis and his advisers. Not only were all the old Tory members returned--and this, in several cases, without any opposition--but a number of new adherents of that side found seats. Hagerman was returned for Kingston by acclamation, McLean was returned for Stormont, George S. Jarvis for the Town of Cornwall, Jonas Jones and Ogle B. Gowan for Leeds, A. N. MacNab for Wentworth, W. B. Robinson for Simcoe, Mahlon Burwell for the Town of London, Henry Sherwood for Brockville, and William Henry Draper for Toronto. The last-named gentleman, known to later times as Chief Justice Draper, now entered public life for the first time. He was a very decided acquisition to the ranks of Upper Canadian Toryism, and was destined to exert a wide and far-reaching influence upon successive representatives of the Crown in this colony. But the triumphs of the official party were not confined to mere numerical successes. They wrested some important constituencies from the hands of their opponents. The Reformers were not only left in an insignificant minority, but nearly all their ablest members were defeated in what had long been regarded as safe Reform constituencies. Bidwell and Perry suffered defeat in Lennox and Addington; Lount underwent a similar fate in Simcoe; and Mackenzie was signally worsted in the Second Riding of York by a man of no political standing. Gibson, Morrison and Mackintosh gained their respective elections in the other three Ridings of York, but none of them possessed much Parliamentary ability, or was to be depended upon in any great emergency. The one significant gain to the Reform party arose out of the election of Dr. Rolph. The Doctor, after having allowed himself to be talked into accepting
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