
THE life of Robert
Baldwin forms so important an ingredient in the political history of
this country that we deem it unnecessary to offer any apology for
dealing with it at considerable length. More especially is this the
case, inasmuch as, unlike most of the personages included in the present
series, his career is ended, and we can contemplate it, not only with
perfect impartiality, but even with some approach to completeness. The
twenty and odd years which have elapsed since he was laid in his grave
have witnessed many and important changes in our Constitution, as well
as in our habits of thought; but his name is still regarded by the great
mass of the Canadian people with feelings of respect and veneration. We
can still point to him with the admiration due to a man who, during a
time of the grossest political corruption, took a foremost part in our
public affairs, and who yet preserved his integrity untarnished. We can
point to him as the man who, if not the actual author of Responsible
Government in Canada, yet spent the best years of his life in contending
for it, and who contributed more than any other person to make that
project an accomplished fact. We can point to him as one who, though a
politician by predilection and by profession, never stooped to
disreputable practices, either to win votes or to maintain himself in
office. Robert Baldwin was a man who was not only incapable of falsehood
or meanness to gain his ends, but who was to the last degree intolerant
of such practices on the part of his warmest supporters. If intellectual
greatness cannot be claimed for him, moral greatness was most
indisputably his. Every action of his life was marked by sincerity and
good faith, alike towards friend and foe. He was not only true to
others, but was from first to last true to himself. His useful career,
and the high reputation which he left behind him, furnish an apt
commentary upon the advice which Polonius gives to his son Laertes:—
“This above all: to thine own self be true;
And it must follow, as the night the day,
Thou canst not then be false to any man.”
To our thinking there is something august in the life of Robert Baldwin.
So chary was he of his personal honour that it was next to impossible to
induce him to pledge himself beforehand, even upon the plainest
question. Once, when addressing the electors at Sharon, some one in the
crowd asked him if he would pledge himself to oppose the retention of
the Clergy Reserves. “I am not here,” was his reply, “to pledge myself
on any question. I go to the House as a free man, or I go not at all. I
am here to declare to you my opinions. If you approve of my opinions,
and elect me, I will carry them out in Parliament. If I should alter
those opinions I will come back and surrender my trust, when you will
have an opportunity of re-electing me or of choosing another candidate;
but I shall pledge myself at the bidding of no man.” A gentleman still
living in Toronto once accompanied him on an electioneering tour into
his constituency of North York. There were many burning questions on the
carpet at the time, on some of which Mr. Baldwin’s opinion did not
entirely coincide with that of the majority of his constituents. His
companion remembers hearing it suggested to him that his wisest course
would be to maintain a discreet silence during the canvass as to the
points at issue. His reply to the suggestion was eminently
characteristic of the man. “To maintain silence under such
circumstances,” said he, “would be tantamount to deceiving the electors.
It would be as culpable as to tell them a direct lie. Sooner than follow
such a course I will cheerfully accept defeat.” He could not even be
induced to adopt the suppressio veri. So tender and exacting was his
conscience that he would not consent to be elected except upon the
clearest understanding between himself and his constituents, even to
serve a cause which he felt to be a just one. Defeat might annoy, but
would not humiliate him. To be elected under false colours would
humiliate him in his own esteem; a state of things which, to a
high-minded man, is a burden intolerable to be borne.
It has of late years become the fashion with many well-informed persons
in this country to think and speak of Robert Baldwin as a greatly
over-estimated man. It is on all hands admitted that he was a man of
excellent intentions, of spotless integrity, and of blameless life. It
is not disputed, even by those whose political views are at variance
with those of the party to which he belonged, that the great measures
for which he contended were in themselves conducive to the public weal,
nor is it denied that he contributed greatly to the cause of political
freedom in Canada. But, it is said, Robert Baldwin was merely the
exponent of principles which, long before his time, had found general
acceptance among the statesmen of every land where constitutional
government prevails. Responsible Government, it is said, would have
become an accomplished fact, even if Robert Baldwin had never lived.
Other much-needed reforms with which his name is inseparably associated
would have come, it is contended, all in good time, and this present
year, 1880, would have found us pretty much where we are. To argue after
this fashion is simply to beg the whole question at issue. It is true
that there is no occult power in a mere name. Ship-money, doubtless, was
a doomed impost, even if there had been no particular individual called
John Hampden. The practical despotism of the Stuart dynasty would
doubtless have come to an end long before the present day, even if
Oliver Cromwell and William of Orange had never existed. In the United
States, slavery was a fated institution, even if there had been no or
real rebellion, and if Abraham Lincoln had never occupied the
Presidential chair. But it would be a manifest injustice to withhold
from those illustrious personages the tribute due to their great and, on
the whole, glorious lives. They were the media whereby human progress
delivered its message to the world, and their names are deservedly held
in honour and reverence by a grateful posterity. Performing on a more
contracted stage, and before a less numerous audience, Robert Baldwin
fought his good fight — and won. Surrounded by inducements to prove
false to his innate convictions, he nevertheless chose to encounter
obloquy and persecution for what he knew to be the cause of truth and
justice.
“Once to every man and nation
Comes the moment to decide,”
says Professor Lowell. The moment came to Robert Baldwin early in life.
It is not easy to believe that he ever hesitated as to his decision; and
to that decision he remained true to the latest hour of his existence.
If it cannot in strictness be said of him that he knew no variableness
or shadow of turning, it is at least indisputable that his convictions
never varied upon any question of paramount importance. What Mr. Goldwin
Smith has said of Cromwell might with equal truth be applied to Robert
Baldwin: “He bore himself, not as one who gambled for a stake, but as
one who struggled for a cause.” These are a few among the many claims
which Robert Baldwin has upon the sympathies and remembrances of the
Canadian people; and they are claims which we believe posterity will
show no disposition to ignore.
In order to obtain a clear comprehension of the public career of Robert
Baldwin it is necessary to glance briefly at the history of one or two
of his immediate ancestors. In compiling the present sketch the writer
deems it proper to say that he some time since wrote an account of
Robert Baldwin’s life for the columns of an influential newspaper
published in Toronto. That account embodied the result of much careful
and original investigation. It contained, indeed, every important fact
readily ascertainable with reference to Mr. Baldwin’s early life. So far
as that portion of it is concerned there is little to be added at the
present time, and the writer has drawn largely upon it for the purposes
of this memoir. The former account being the product of his own
conscientious labour and investigation, he has not deemed it necessary
to reconstruct sentences and paragraphs where they already clearly
expressed his meaning. With reference to Mr. Baldwin’s political life,
however, the present sketch embodies the result of fuller and more
accurate information, and is conceived in a spirit which the exigencies
of a newspaper do not admit of.
At the close of the Revolution which ended in the independence of the
United States, there resided near the city of Cork, Ireland, a gentleman
named William Willcocks. He belonged to an old family which had once
been wealthy, and which was still in comfortable circumstances. About
this time a strong tide of emigration set in from various parts of
Europe to the New World. The student of history does not need to be
informed that there was at this period a good deal of suffering and
discontent in Ireland. The more radical and uncompromising among the
malcontents staid at home, hoping for better times, and many of them
eventually took part in the troubles of ’98. Others sought a peaceful
remedy for the evils under which they groaned, and, bidding adieu to
their native land, sought an asylum for themselves and their families in
the western wilderness. The success of the American Revolution combined
with the hard times at home to make the United States “the chosen land”
of many thousands of these self-expatriated ones. The revolutionary
struggle was then a comparatively recent affair. The thirteen revolted
colonies had become an independent nation, had started on their national
career under favourable auspices, and had already become a thriving and
prosperous community. The Province of Quebec, which then included the
whole of what afterwards became Upper and Lower Canada, had to contend
with many disadvantages, and its condition was in many important
respects far behind that of the American Republic. Its climate was much
more rigorous than was that of its southern neighbour, and its territory
was much more sparsely settled. The western part of the Province, now
forming part of the Province of Ontario, was especially thinly peopled,
and except at a few points along the frontier, was little better than a
wilderness. It was manifestly desirable, to offer strong incentives to
immigration, with a view to the speedy settlement of the country. To
effect such a settlement was the imperative duty of the Government of
the day; and to this end, large tracts of land were allotted to persons
whose settlement here was deemed likely to influence colonization. Whole
townships were in some cases conferred, upon condition that the grantees
would settle the same with a certain number of colonists within a
reasonable time. One of these grantees was the William Willcocks
above-mentioned, who was a man of much enterprise and philanthropy. He
conceived the idea of obtaining a grant of a large tract of land, and of
settling it with emigrants of his own choosing, with himself as a sort
of feudal proprietor at their head. With this object in view he came out
to Canada in or about the year 1790, to spy out the land, and to judge
from personal inspection which would be the most advantageous site for
his projected colony. In setting out upon this quest he enjoyed an
advantage greater even than was conferred by his social position. A
cousin of his, Mr. Peter Russell, a member of the Irish branch of the
Bedfordshire family of Russell, had already been out to Canada, and had
brought home glowing accounts of the prospects held out there to persons
of capital and enterprise. Mr. Russell had originally gone to America
during the progress of the Revolutionary War, in the capacity of
Secretary to Sir Henry Clinton, Commander-in-chief of the British forces
on this continent. He had seen and heard enough to convince him that the
acquisition of land in Canada was certain to prove a royal road to
wealth. After the close of the war he returned to the old country, and
gave his relatives the benefit of his experience. Mr. Russell also came
out to Canada with Governor Simcoe in 1792, in the capacity of
Inspector-General. He subsequently held several important offices of
trust in Upper Canada. He became a member of the Executive Council, and
as senior member of that body the administration of the Government
devolved upon him during the three years (1796-1799) intervening between
Governor Simcoe’s departure from Canada and the appointment of
Major-General Peter Hunter as Lieutenant-Governor. His residence in
Canada, as will presently be seen, was destined to have an important
bearing on the fortunes of the Baldwin family. Meanwhile, it is
sufficient to note the fact that it was largely in consequence of the
valuable topographical and statistical information furnished by him to
his cousin William Willcocks that the latter was induced to set out on
his preliminary tour of observation.
The result of this preliminary tour was to convince Mr. Willcocks that
his cousin had not overstated the capabilities of the country, as to the
future of which he formed the most sanguine expectations. The next step
to be taken was to obtain his grant, and, as his political influence in
and around his native city was considerable, he conceived that this
would be easily managed. He returned home, and almost immediately
afterwards crossed over to England, where he opened negotiations with
the Government. After some delay he succeeded in obtaining a grant of a
large tract of land forming part of the present township of Whitchurch,
in the county of York. In consideration of this liberal grant he on his
part agreed to settle not fewer than sixty colonists on the land so
granted within a certain specified time. An Order in Council
confirmatory of this arrangement seems to have been passed. The rest of
the transaction is involved in some obscurity. Mr. Willcocks returned to
Ireland, and was soon afterwards elected Mayor of Cork, an office which
he had held at least once before his American tour. Municipal and other
affairs occupied so much of his time that he neglected to take steps for
settling his trans-Atlantic domain until the period allowed him by
Government for that purpose had nearly expired. However, in course of
time, probably in the summer of 1797 he embarked with the full
complement of emigrants for New York, whither they arrived after a long
and stormy voyage. They pushed on without unnecessary delay, and in due
course arrived at Oswego, where Mr. Willcocks received the disastrous
intelligence that the Order in Council embodying his arrangement with
the Government had been revoked. Why the revocation took place does not
appear, as there had been no change of Government, and the circumstances
had not materially changed. Whatever the reason may have been, the
consequences to Mr. Willcocks and his emigrants were very serious. The
poor Irish families who had accompanied him to the New World —
travel-worn and helpless, in a strange land, without means, and without
experience in the hard lines of pioneer life were dismayed at the
prospect before them. Mr. Willcocks, a kind and honourable man,
naturally felt himself to be in a manner responsible for their forlorn
situation. He at once professed his readiness to bear the expense of
their return to their native land. Most of them availed themselves of
this offer, and made the best of their way back to Ireland — some of
them, doubtless, to take part in the rising of ’98. A few of them
elected to remain in America, and scattered themselves here and there
throughout the State of New York. Mr. Willcocks himself, accompanied by
one or two families, continued his journey to Canada, where he soon
succeeded in securing a considerable allotment of land in Whitchurch and
elsewhere. It is probable that he was treated liberally by the
Government, as his generosity to the emigrants had greatly impoverished
him, and it is certain that a few years later he was the possessor of
large means. Almost immediately after his arrival in Canada he took up
his abode at York, where he continned to reside down to the time of his
death. Being a man of education and business capacity he was appointed
Judge of the Home District Court, where we shall soon meet him again in
tracing the fortunes of the Baldwin family. He had not been long in
Canada before he wrote home flattering reports about the land of his
adoption to his old friend Robert Baldwin, the grandfather of the
subject of this sketch. Mr. Baldwin was a gentleman of good family and
some means, who owned and resided on a small property called Summer
Hill, or Knockmore, near Carragoline, in the county of Cork. Influenced
by the prospects held out to him by Mr. Willcocks, he emigrated to
Canada with his family in the summer of 1798, and settled on a block of
land on the north shore of Lake Ontario, in what is now the township of
Clarke, in the county of Durham. He named his newly-acquired estate An-narva
(Ann’s Field), and set about clearing and cultivating it. The western
boundary of his farm was a small stream which until then was nameless,
but which has ever since been known in local parlance as Baldwin’s
Creek. Here he resided for a period of fourteen years, when he removed
to York, where he died in the year 1816. He had brought with him from
Ireland two sons and four daughters. The eldest son, William Warren
Baldwin, was destined to achieve considerable local renown as a lawyer
and a politician. He was a man of versatile talents, and of much
firmness and energy of character. He had studied medicine at the
University of Edinburgh, and had graduated there two years before his
emigration, but had never practised his profession as a means of
livelihood. He had not been many weeks in this country before he
perceived that his shortest way to wealth and influence was by way of
the legal rather than the medical profession. In those remote times, men
of education and mental ability were by no means numerous in Upper
Canada. Every man was called upon to play several parts, and there was
no such organization of labour as exists in older and more advanced
communities. Dr. Baldwin resolved to practise both professions, and, in
order to fit himself for the one by which he hoped to rise most speedily
to eminence, he bade adieu to the farm on Baldwin’s Creek and came up to
York. He took up his quarters with his father’s friend and his own, Mr.
Willcocks, who lived on Duke street, near the present site of the La
Salle Institute. In order to support himself while prosecuting his legal
studies, he determined to take in a few pupils. In several successive
numbers of the Gazette and Oracle, the one newspaper published in the
Province at that time, we find in the months of December, 1802, and
January, 1803, the following advertisement:— “Dr. Baldwin, understanding
that some of the gentlemen of this town have expressed some anxiety for
the establishment of a Classical School, begs leave to inform them and
the public, that he intends, on Monday the 1st day of January next, to
open a school, in which he will instruct Twelve Boys in Writing,
Reading, Classics and Arithmetic. The terms are, for each boy, eight
guineas per annum, to be paid quarterly or half-yearly; one guinea
entrance and one cord of wood to be supplied by each of the boys on
opening the School. N.B. Mr. Baldwin will meet his pupils at Mr.
Willcocks’ house on Duke street. York, December 18th, 1802.” This
advertisement produced the desired effect. The Doctor got all the pupils
he wanted, and several youths who in after life rose to high eminence in
the colony received their earliest classical teaching from him.
It was not necessary at that early day that a youth should spend a fixed
term in an office under articles as a preliminary for practice, either
at the Bar or as an attorney. On the 9th of July, 1794, during the
regime of Governor Simcoe, an Act had been passed authorizing the
Governor, Lieutenant-Governor, or person administering the Government of
the Province, to issue licenses to practise as advocates and attorneys
to such persons, not exceeding sixteen in number, as he might deem fit.
We have no means of ascertaining how many persons availed themselves of
this statute, as no complete record of their names or number is in
existence. The original record is presumed to have been burned when the
Houses of Parliament were destroyed during the American invasion in
1813. It is sufficient for oiir present purpose to know that Dr. Baldwin
was one of the persons so licensed. By reference to the Journals of the
Law Society at Osgoode Hall, we find that this license was granted on
the 6th of April, 1803, by Lieutenant-Governor Peter Hunter. We further
find that on the same day similar licenses were granted to four other
gentlemen, all of whom were destined to become well-known citizens of
Canada, viz., William Dickson, D’Arcy Boulton, John Powell, and William
Elliott. Dr. Baldwin, having undergone an examination before Chief
Justice Henry Alcock, and having received his license, authorizing him
to practise in all branches of the legal profession, married Miss Phoebe
Willcocks, the dauMiter of his friend and patron, and settled down to
active practice as a barrister and attorney. He took up his abode in a
house which had just been erected by his father-in-law, on what is now
the north-west comer of Front and Frederick streets. [It may here be
noted that Front street was then known as Palace street, from the
circumstance that it led down to the Parliament buildings at the east
end of the town, and because it was believed that the official residence
or “ palace ” of the Governor would be built there.] Here on the 12th of
May, 1804, was born Dr. Baldwin’s eldest son, known to Canadian history
as Robert Baldwin.
The plain, unpretending structure in which Robert Baldwin first saw
light has a history of its own. Dr. Baldwin resided in it only about
three years, when he removed to a small house, long since demolished, on
the corner of Bay and Front streets. Thenceforward the house at the foot
of Frederick street was occupied by several tenants whose names are
famous in local annals. About 1825 it was first occupied by Mr. William
Lyon Mackenzie, who continued to reside in it for several years. It was
here that the Colonial Advocate was published by that gentleman, at the
time when his office was wrecked and the type thrown into the bay by a
“genteel mob,” a further account of which lawless transaction will be
found in the sketch of the life of Mackenzie, included in the present
series. The building subsequently came into the possession of the
Cawthra family—called by Dr. Scadding “ the Astors of Upper Canada”—who
carried on a large and marvellously successful mercantile business
within its walls. It was finally burned down in the winter of 1854-5.
Dr. Baldwin applied himself to the practice of his several professions
with an energy and assiduity which deserved and secured a full measure
of success. His legal business was the most profitable of his pursuits,
but in the early years of his residence at York he seems to have also
had a fair share of medical practice. It might not unreasonably have
been supposed that the labour arising from these two sources of
employment would have been sufficient for the energies and ambition of
any man ; but we find that for at least two years subsequent to his
marriage he continued to take in pupils. Half a century later than the
period at which we have arrived, Sir John Beverley Robinson, then a
baronet, and Chief Justice of the Province, was wont to pleasantly
remind the subject of this sketch that their mutual acquaintance dated
from a very early period in the latter’s career. At the time of Robert
Baldwin’s birth, John Robinson, then a boy in his thirteenth year, was
one of a class of seven pupils who attended daily at Dr. Baldwin’s house
for classical instruction. Two or three days after the Doctor’s
first-born came into the world, Master Robinson was taken into the
nursery to see “ the new baby.” Differences of political opinion in
after years separated them far as the poles asunder on most public
questions, but they never ceased to regard each other with personal
respect. The late Chief Justice Maclean was another pupil of Dr.
Baldwin’s, and distinctly remembered that a holiday was granted to
himself and his fellow students on the day of the embryo statesman’s
birth. Doctor Baldwin seems to have been fully equal to the multifarious
calls upon his energies, and to have exercised his various callings with
satisfaction alike to clients, patients, and pupils. It was no uncommon
occurrence in those early days, when surgeons were scarce in our young
capital, for him to be compelled to leave court in the middle of a
trial, and to hurry away to splice a broken arm or bind up a fractured
limb. Years afterwards, when he had retired from the active practice of
all his professions, he used to cite a somewhat ludicrous instance of
his professipnal versatility. It occurred soon after his marriage. He
was engaged in arguing a case of some importance before his
father-in-law, Judge Willcocks, in the Home District Court, when a
messenger hurriedly arrived to summon him to attend at the advent of a
little stranger into the world. The circumstances were explained to the
Judge, and—it appearing that no other surgical aid was to be had at the
moment—that functionary readily consented to adjourn the further
consideration of the argument until Dr. Baldwin’s return. The latter
hurriedly left the court-room with the messenger, and after the lapse of
somewhat more than an hour, again presented himself and prepared to
resume his interrupted argument. The Judge ventured to express a hope
that matters had gone well with the patient; whereupon the Doctor
replied, “ Quite well. I have much pleasure in informing your Honour
that a man-child has been born into the world during my absence, and
that both he and his mother are doing well.” The worthy Doctor received
the congratulations of the Court, and was permitted to conclude his
argument without any further demands upon his surgical skill.
Almost from the outset of his professional career, Dr. Baldwin took a
strong interest in political matters. The fact that he was compelled to
earn his living by honest labour excluded him from a certain narrow
section of the society of Little York. The society from which he was
excluded, however, was by no means of an intellectual cast, and it is
not likely that he sustained much loss thereby. By intellectual society
in Toronto he was regarded as a decided acquisition. He could well
afford to despise the petty littleness of the would-be aristocrats of
the Provincial capital. Still, it is probable that his political
convictions were intensified by observing that, among the members of the
clique above referred to, mere merit was regarded as a commodity of
little account. He became known for a man of advanced ideas, and
whenever a more than ordinarily flagrant instance of injustice occurred,
was not slow in expressing his disapprobation of the way in which
government was carried on. In 1812 he became treasurer of the Law
Society of Upper Canada, and while filling that position he projected a
scheme for constructing a suitable building for the Society’s
occupation. The times, however, were unpropitious for such a scheme,
which fell through in consequence of the impending war with the United
States.
His son was meanwhile quietly pursuing his studies at school, and
unconsciously fitting himself for the battle of life that was before
him. The boyhood of Robert Baldwin was remarkably free from incident.
There is absolutely nothing to tell about this portion of his life,
except that he attended the Home District Grammar School in “College
Square,” as it was called, where he received all the education he ever
acquired. This seat of learning was situated a short distance to the
north-east of the present site of St. James’s Cathedral, and was
presided over by Dr., afterwards Bishop Strachan. We find Robert
Baldwin’s name in a class list of that institution published in 1816.
Three years later (in 1819) we find that he was the “head boy,” and that
he delivered the “prologue” at a public examination held at the school
on the 11th of August. The prologue bears internal evidence of having
been composed by Dr. Strachan himself. Among other scholars who attended
the school and took part in the exercises at this date wc find several
whose names have since become well known in Toronto and its
neighbourhood. Glancing down the leaf at random, we read the names of
Thomas Ridout, Wm. McMurray, Saltern Givens, William Boulton, Richard
Oates, Francis Heward, Abraham Nelles, James Baby, Allan Macaulay, and
Warren Claus. The testimony of Robert Baldwin’s school-fellows goes to
show that he was even in those early days a rather shy, retiring youth,
little addicted to boyish sports, and never known to take part in freaks
of mischief. His thoughts seemed to come to him slowly, and his
perceptive faculties were not very acute. His mind seems to have matured
late. Dr. Strachan pronounced him the most diligent pupil in the
establishment, and prophesied that if he ever made his mark in the world
it would be rather by reason of his industry and close application than
from the natural quickness of his parts. As is generally the case, the
boy in this instance was father to the man. His industrious habits clung
to him throughout | his life, and his triumphs were won by means of
persistent and untiring exertion, rather than by natural aptitude for
public life. In this same year (1819) he entered upon the study of the
law in his father’s office, and was called to the Bar in Trinity Term,
1825. He immediately entered into partnership with his father, the style
of the firm being “ W. W. Baldwin & Son.”
Meanwhile a great change had taken place in the pecuniary circumstances
of Dr. Baldwin. He had, as we have already seen, been more than
moderately successful in his professional pursuits, and had steadily
accumulated wealth. From another source, however, his means received an
accession which made him probably the wealthiest professional man in
Upper Canada. The Hon. Peter Russell, already referred to, was never
married, and by consequence he left no direct heirs. Upon his death, in
the year 1808, his large landed and other possessions devolved upon his
maiden sister, Miss Elizabeth Russell. This lady survived until 1822.
She was a distant connection of the Baldwins, and a very warm friendship
had always subsisted between the two families. She 1 resided with the
Doctor’s family—or, rather, the Doctor’s family resided with her—during
the last eight or nine years of her life. Upon her death she bequeathed
all her possessions to Dr. Baldwin, who thus acquired a handsome
fortune. He had in 1813, immediately after the American invasion of
York, removed to Russell Abbey, on Front street, a mansion which had
previously belonged to the Hon. Peter Russell, and which at this date
belonged to his sister. After Miss Russell’s death Dr. Baldwin began to
entertain projects to which his mind had theretofore been a stranger. He
designed to subject the large estate to a strict entail, and to found an
opulent Canadian family. The Doctor, as we have seen, was a sincere and
pronounced Liberal in his political views. He was a man of high
principles, honestly desirous of promoting the welfare of his
fellow-men; but he was nevertheless strongly influenced by the notions
of social caste which were all but universal among educated persons of
British stock in those days. He purchased a block of land on the summit
of the acclivity which rises to the northward of Toronto, a short
distance beyond the city limits. Here, on one of the most imposing sites
in the neighbourhood, he built a cosy-looking white house of comfortable
proportions, which he intended to be merely the nucleus of a much more
stately structure. He called his new estate “ Spadina,” which is an
Italianized form of an Indian word signifying a pleasant hill. The
greater part of the land intervening between the base of Spadina Hill
and Queen street—covering a distance of nearly two miles—had formerly
belonged to the Russells, and was now the property of Dr. Baldwin. He
laid out through this property a broad and stately highway a hundred and
twenty feet in width, which has ever since been known as Spadina Avenue.
He removed to his new home, and soon came to be known as “Baldwin of
Spadina” an honorary title which he hoped to transmit to his posterity
in future ages. “There was to be for ever,” says Dr. Scadding, “a
Baldwin of Spadina. It is singular that the first inheritor of the
newly-established patrimony should have been the statesman whose lot it
was to carry through the Legislature the abolition of the right of
primogeniture. The son grasped more readily than the father what the
genius of the North American continent will endure, and what it will
not.” Dr. Baldwin, however, did not live to see this measure carried
through Parliament. He died on the 8th of January, 1844, and/ the Act
abolishing primogeniture did not! become law until 1851. As, in the
course^ of this sketch, we shall not again have occasion to make any
extended reference to Dr. Baldwin, we may here state that he
subsequently entered Parliament as member for Norfolk, and did good
service to the cause of Reform in Upper Canada. He continued to take an
active part in politics down to a short time before his death in 1844.
In 1843, only a few months before his death, he was called to a seat in
the Legislative Council. He was devotedly loyal to the Crown, but spoke
manfully for the rights of the people whenever those rights were
invaded—and they were very often invaded in those days. It was from him
that his son inherited those principles which wrought such important
changes in our Constitution, and which have so effectually served the
cause of free thought, free speech, and free deeds in our land. The
reverence which all Canadians justly feel for the name of Robert Baldwin
is also due in no slight degree to the father, who early instilled into
his son’s mind the “one idea” which is inseparably associated with his
name.
Meanwhile the legal business continued to be carried on under the style
of “W. W. Baldwin & Son,” the son being the active member of the firm.
The business was large and remunerative, and included the prosecution of
some of the most important causes before the courts in those days. On
the 31st of May, 1827, when Robert Baldwin had just completed his
twenty-third year, he married his cousin, Miss Augusta Elizabeth
Sullivan, a daughter of Mr. Daniel Sullivan, and a sister of Mr. Robert
Baldwin Sullivan, a young lawyer who afterwards attained eminence in his
profession, and was raised to the judicial bench. On the 1st of March,
1829, young Sullivan formed a legal partnership with the Baldwins, and
the style of the firm became “ Baldwin & Sullivan.”
Robert Baldwin had already begun to take an active interest in political
affairs. Liberal principles had legitimately descended to him from his
father, but he was also a constitutional Reformer from mature
deliberation and conviction. It is impossible to estimate his character
rightly, however, unless it is borne in mind that his views were very
far removed from those of extreme Radicals. In some respects, indeed, he
had many of the qualities of a Conservative. Change, considered merely
as change, was distasteful to him, and he was disposed to look
favourably upon existing institutions until they were proved to be
prejudicial to the public welfare. But he had already pondered
seriously, and with a conscientious desire to arrive at a just opinion,
as to the reciprocal obligations of the governing classes and the
governed. His high sense of justice convinced him that there were many
things in our colonial polity which it was the imperative duty of every
well-wisher of the country to do his utmost to remove. He bad made no
secret of his views, and his high personal character, social position,
and acknowledged abilities were such as to give those views additional
weight. He had already proved himself a wise and prudent adviser on one
or two election committees, and had come to be looked upon as “the
coming man” of the Reform party. That party was then in its infancy in
this Province, and may be said to have c'ome into existence about the
year 1820. It grew rapidly, and soon began to occasion uneasiness to the
faction which swayed the destinies of the Province with so high a hand.
It was not difficult for far-sighted men to perceive that momentous
changes were imminent. The idea of a responsible Executive had already
presented itself to the minds of the thoughtful, and the Baldwins, both
father and son, had expressed strong opinions on the subject. The result
of the general elections of 1824 was a Reform majority in the House of
Assembly, and several important Government measures were defeated. The
Legislative Council, however, was of course still in the hands of the
oligarchy. The Lieutenant-Governor, Sir Peregrine Maitland, began to
entertain gloomy forebodings of disaster. “The long shadows of Canadian
Radicalism,” says a Canadian writer, “were already settling down on his
administration, and the Colonial Advocate, controlled by William Lyon
Mackenzie, sadly disturbed his prospects of dignified repose with
pungent diatribes on packed juries and Government abuses. Even then the
clouds were gathering for the storm of 1838.” As yet, however, there was
little in common between Mr. Mackenzie and the Baldwins except hatred of
oppression and a desire to see the Government of the country in the
hands of capable and disinterested men. Even Mackenzie at this time
entertained no thought of rebellion, 1 and was a loyal subject to the
Crown. It is, of course, unnecessary to say that none of the Baldwins
ever sympathized with or countenanced the rebellion at any time.
In 1828 there was a general election, and Robert Baldwin, in conjunction
with Mr. James E. Small, afterwards Judge of the County Court of the
county of Middlesex, offered himself as a candidate for the county of
York. Both these gentlemen were defeated by their opponents, Messrs.
William Lyon Mackenzie and Jesse Ketchum. In July of the following year,
however, Mr. John Beverley Robinson, member for the town of York and
Attorney-General of the Province, was promoted to the dignity of Chief
Justice of the Court of King’s Bench. Robert Baldwin once more presented
himself as a candidate for legislative honours, this time as Mr.
Robinson’s successor in the representation of York. He was returned by a
majority of forty-one votes. His opponent was the same Mr. Small who had
been his coadjutor of the previous year. Mr. Mackenzie, who had opposed
them both in 1828, threw all his personal and journalistic influence
into the scale in favour of Mr. Baldwin, and probably contributed not a
little to the result. At the close of the poll the votes stood 92 for
Baldwin and 51 for Small. A petition, praying that the election might be
declared void, was presented by Mr. Small, upon the ground that the writ
had been irregularly issued. The petition was successful, for the
irregularity was fatal, the writ having been issued by the
Lieutenant-Governor instead of by the Speaker of the House. Mr. Baldwin
was unseated, but immediately presented himself for re-election. This
time he was opposed by Mr. William Botsford Jarvis, Sheriff of the
county. Mr. Jarvis was defeated, and upon the opening of the session, on
the 8th of January, 1830, Robert Baldwin, then in his twenty-sixth year,
for the first time took his seat in Parliament.
It was about this time that the scheme of Responsible Government may be
said to have first taken something like definite shape in Upper Canada.
This great project is inseparably associated with Robert Baldwin’s name,
though it is absurd to say, as has been said more than once, that he was
the first to conceive the idea. There exists indisputable evidence that
before Robert Baldwin had emerged from schoolboy life, his father, Peter
Perry, and other leading Reformers had laid down most of the general
principles upon which Responsible Government is founded. It may be said,
indeed, that those principles were a necessary product of the political
situation of affairs in Canada in those days, and that no particular
individual can lay claim to having been their sole originator. The
scheme of Responsible Government in Can-| ada simply contemplated the
application to , this country of the principles which underlie the
Constitution of Great Britain. It claimed that the acts of the Executive
should be approved of by a majority of the members of the Legislative
Assembly. Those who contended for it claimed nothing which was not
clearly their right. They sought to engraft no foreign or radical change
upon the Constitution. This was clearly understood a few years later by
Lord Durham, as witness the following extract from his celebrated
Report:—“ It needs no change in the principles of government, no
invention of a new constitutional theory, to supply the remedy which
would, in my opinion, completely remove the existing political
disorders. It needs but to follow out consistently the principles of the
British Constitution, and introduce into the government of these great
colonies those wise provisions by which alone the working of the
representative system can in any country be rendered harmonious and
efficient.
But the Crown must, on the other hand, submit to the necessary
consequences of representative institutions, and if it has to carry on
the government in unison with a representative body, it must consent to
carry it on by means of those in whom that representative body has
confidence... This change might be effected by a single despatch
containing such instructions, or, if any legal enactment were requisite,
it would only be one that would render it necessary that the official
acts of the Governor should be countersigned by some public functionary.
This would induce responsibility for every act of the Government, and as
a natural consequence it would necessitate the substitution of a system
of administration by means of competent heads of departments for the
present rude machinery of an executive council..... I admit that the
system which I propose would in fact place the internal government of
the colony in the hands of the colonists themselves, and that we should
thus leave to them the execution of the laws of which we have lono-o
entrusted the making solely to them.” This was precisely the stand taken
by the advocates of Responsible Government. This, in a word, was
Responsible Government, and it was principally with a view to bring
about such a state of things that Robert Baldwin determined to enter
political life, in the autumn of 1829. A signal example of the necessity
for Responsible Government had just occurred. In the autumn of the year
1827, John Walpole Willis, an English barrister, had been appointed to
the position of a puisne judge in Upper Canada. Mr. Willis was a
gentleman of spotless character, kind and amiable manners, and wide and
various learning. He was beyond comparison the ablest jurist who, up to
that time, had sat on the judicial bench in this Province. Having a high
and proper idea of the dignity of the judicial character, he observed
the strictest impartiality of conduct, both on the bench and elsewhere,
and refused to ally himself with either of the political parties in the
Province. This line of procedure, which in our days would be regarded as
a matter of course in a man in such a position, was then an honourable
distinction, for too many of Judge Willis’s predecessors had been mere
tools in the hands of the ruling faction. That faction, with Sir
Peregrine Maitland, the Lieutenant-Governor, at its head, determined
that Willis should either identify himselfl with them or lose his place.
They were soon made to understand in the most unmistakable manner that
he was a judge, and not a mere self-seeking partisan. It was accordingly
determined that he should be got rid of. In the month of June, 1829, a
pretext offered itself for his dismissal. He refused to sit in Term by
himself, in the absence of Sir William Campbell, the Chief Justice (who
was then in England), and of the other associate judge. Sir Peregrine
promptly dismissed him, and appointed Mr. Christopher Hagerman to the
vacant position. Judge Willis appealed to the Home authorities, who
sustained him in his conduct, and dismissed the newly-appointed judge.
It was not deemed advisable, however, to reinstate Mr. Willis in his
Upper Canadian judgeship, as it was evident that he would be subjected
to perpetual annoyance from the Executive, and that his usefulness would
be seriously interfered with. He was appointed to a judicial position in
another colony, where his honour and integrity were fully appreciated,
and where he won golden opinions from all classes of the community. But
he had none the less been dismissed by Sir Peregrine Maitland, and a
large and in-fluential class among the people of Upper Canada were
righteously indignant. Robert Baldwin, himself a lawyer, with a high
sense of the august character which ought to appertain to the judicial
bench, felt and spoke strongly on the subject. The leading members of
the Reform Party were unanimous in their condemnation of the
Lieutenant-Governor’s arbitrary conduct. Public meetings were held, and
strong language, though hardly stronger than the occasion called for,
was the order of the day. Finally, an address, signed by nearly all the
prominent Reformers in the Province, was presented to Judge Willis, in
which the subscribers expressed their esteem for his character, and
their high appreciation of his conduct as a judge. A petition, which is
believed to have been drawn by Robert Baldwin himself, was also
forwarded to the King. Whether entirely drawn by Mr. Baldwin himself or
not, there is no doubt that he had a share in its compilation, and that
its contents were fully in accord with his views, as, apart from his
being one of the signatories, a copy of it, initialed and annotated by
him, was found among his papers after his death. This petition is
important, as showing that the constitutional changes of a later date
had already been carefully considered and outlined by the Reformers of
this Province. It sets out by humbly thanking His Majesty for having
sent Mr. Willis among them in the capacity of a judge, and extols his
virtues, both judicial and personal. It then represents I
1 that the country had been deprived of one of its greatest blessings,
in the arbitrary removal of a judge who, by the impartial discharge of
his duties, had become endeared to the Canadian people. Then comes the
following recital“ It has long been the source of many grievances, and
of their continuance, that the Legislative Council is formed not of an
independent gentry, taken from the country at large, but of executive
councillors and placemen, the great majority of whom are under the
immediate, active, and undue influence of the person administering Your
Majesty’s Provincial Government, holding their offices at his mere will
and pleasure. Hence arises, in a great measure, the practical
irresponsibility of executive councillors and other official advisers of
Your Majesty’s representative, who have hitherto, with impunity, both
disregarded the laws of the land and despised the opinions of the
public.”
In entering active political life for the first time, Mr. Baldwin
enjoyed the advantage of having been carefully trained in sound liberal
principles by his father. He had the further advantage of possessing the
esteem and respect even of those most bitterly opposed to his views on
political matters, and his wealth and social position exalted him far
above the petty ambitions of meaner men. With the modesty becoming in a
young member, he spoke little during his first Parliamentary session,
and as events turned out he had no future opportunity of addressing the
House until after the lapse of some years, during which interval the
political situation of the country had undergone many and important
changes. By the death of George IV. a dissolution of Parliament took
place, and a new election was ordered. Mr. Baldwin once more presented
himself to the electors of the town of York, and was again opposed by
Mr. W. B. Jarvis, who was this time successful, and his opponent was
left without a seat in the Assembly. That he was not free from a feeling
of disappointment at this result is very probable, but it is certain
that he was less so than were many of his supporters, for he had been
irresistibly led to the conclusion that his presence in the House at
that time would be of little service to the country. He clearly
perceived that a Reform House of Assembly could make little headway in
the direction of constitutional progress so long as that House was
hampered by an irresponsible Executive. Many of the leaders of the
Reform Party of that day, both in Upper and Lower Canada, contended for
an elective Legislative Council, believing that such a reform would, to
some extent at least, remedy the evils by which the country was beset.
In the views of these persons Mr. Baldwin could not coincide. He
maintained that the only effectual cure was to make the Executive, as in
England, directly dependent upon the will of the people, and that until
such a change should be brought about it was a matter of secondary
importance whether the Legislative Councillors were elected by the
people or not. To establish a Responsible Executive had now become the
great object of his life, and he availed himself of every opportunity
which presented itself of urging his views. All the members of his party
were agreed as to the desirability of bringing about such a state of
things, but many of them despaired of being able to accomplish it, and
regarded the project as practically unattainable. Others thought that
Mr. Baldwin attached too much importance to it, and were wont to speak
of him as “ the man of one idea.” The history of the next few years
affords the best refutation to such opinions. Upon the successful
carrying out of this “ one idea” depended the liberties of the Canadian
people, and Mr. Baldwin continued to strive for the desired end until it
became an accomplished fact. Meanwhile he accepted his defeat with the
best grace he could. He retired to private life, and although he still
continued largely to direct the policy of the Reform Party in the Upper
Province he devoted most of his time to the practice of his profession.
On the 11th of January, 1836, he sustained a serious loss in the death
of his wife. He was a man of domestic habits, devotedly attached to his
family, and felt the blow very keenly. Only a few weeks after sustaining
this bereavement he was for a short time called upon to act as a
constitutional adviser to Sir Francis Bond Head. The extraordinary
circumstances under which Sir Francis became Lieutenant-Governor of
Upper Canada, and the disastrous consequences of his administration,
will be fully detailed in the sketch of his life to be included in this
series. It must be admitted that his position was one of much
difficulty, and would have tried the powers of a much abler and wiser
man. The new Governor was soon engaged in bickerings with some of the
members of the House on important constitutional questions. His
predecessor, Sir John Colborne, had recommended Robert Baldwin to the
Home Office as a proper person to be called to a seat in the Legislative
Council. Such a step was certain to be favourably regarded by a majority
in the Assembly, and Sir Francis, acting probably under instructions
from Lord Glenelg, the Colonial Secretary, sent for Mr. Baldwin, sought
his advice, and finally requested him to become one of the Executive.
There were then three vacancies in that body, three of the old members
having recently been dismissed. The vacancies were offered respectively
to Robert Baldwin, John Rolph, and John Henry Dunn, all of whom stood
high in the confidence of the Reform Party. Sir Francis was especially
desirous that Mr. Baldwin should accept office, not merely because the
latter was a man of good judgment who knew the country’s needs, but
because his character and social position were such that his name would
in itself lend great weight to any administration. This is sufficiently
proved by the tenor of Sir Francis’s own despatch to Lord Glenelg, dated
February 22nd, 1836, the full text of which is to be found in the fourth
chapter of his extraordinary “ Narrative.” “ After making every inquiry
in my power,” says Sir Francis, “I became of opinion that Robert
Baldwin, advocate, a gentleman already recommended to your Lordship by
Sir John Colborne for. a seat in the Legislative Council, was the first
individual I should select, being highly respected for his moral
character, moderate in his politics, and possessing the esteem and
confidence of all parties.” It is to be borne in mind, too, that the
Governor’s estimate of Mr. Baldwin’s character and position before the
country had been formed from the reports of his bitterest political
opponents. Sir Francis himself had only been a few weeks in the country,
and had had but slight opportunities for forming an independent personal
estimate. The fact that Mr. Baldwin’s opponents should have given such a
report of him affords incontrovertible proof of two thino-s : first,
that even the bitter animos-ities of the times had not extinguished all
sense of truth and justice ; and second, that Robert Baldwin,
notwithstanding his pronounced opinions, was esteemed and respected as
no other man in Canadian political life has ever been, either before his
time or since.
While in conference with Mr. Baldwin, the Governor learned that,
according to that gentleman’s interpretation of the Constitutional Act
of 1791, the Council was already legally responsible to the people. Sir
Francis himself had probably never considered the matter, and did not
commit himself to a positive opinion. He, however, made use of several
expressions from which Mr. Baldwin not unreasonably inferred that there
was no great difference of opinion between them on the point, and that
the Government would thenceforth be conducted on that assumption. An
important discussion also took place between them as to the position of
a Lieutenant-Governor in the colony, and as to the true relation
existing between him, his constitutional advisers, and the Parliament.
On these matters Sir Francis was disposed to retain his own opinions,
and yielded little to the reasoning of his interlocutor. The final
result of the discussion was that Sir Francis made some concessions, and
that Mr. Baldwin agreed to enter, and did actually enter, the
administration, as did also Dr. Rolph and Mr. Dunn. They had not held
office many days ere they discovered that they were in a false position.
They found that the Governor had merely prevailed upon them to accept
office in order to strengthen his Government, and to set himself in a
favourable light before the country. He had no intention of permitting
them to have any voice in the real administration of public affairs.
Without consulting them, he appointed several members of the Family
Compact to office. The members of the Council found that they were kept
in total ignorance of the Government’s policy, and that their functions
were restricted to insignificant matters of detail. Much to the general
surprise, this line of conduct on the part of the Governor was opposed
by the old members of the Council, as well as by the three gentlemen who
had recently entered it. They repeatedly remonstrated against his course
of procedure, but their remonstrances were quietly ignored. There was,
consequently, but one course open to them—to resign office. This course
they accordingly adopted on the 4th of March, when Mr. Baldwin and his
two colleagues had held office about three weeks. More obsequious
councillors were soon found to fill their places, in the persons of
Robert Baldwin Sullivan, Augustus Baldwin, John Elmsley, and William
Allan. Robert Baldwin, mortified and disgusted with Sir Francis’s
double-dealing, shook the dust of the Council Chamber from his feet and
once more retired to private life. The House of Assembly passed a vote
of want of confidence, and stopped the supplies. Then followed the
dissolution of Parliament, a new general election, and a new House of
Assembly packed by the Governor to support the old Family Compact
policy. The next thing that followed, as every one knows, was the
Rebellion of 1837-8.
Within a few weeks after resigning office, Mr. Baldwin, despairing of
being able to effect anything for the public good, and still suffering
from grief for the loss of his wife, determined to pay a visit to the
home of his ancestors, in Ireland, and to spend a season abroad. He was
absent nearly a year, the greater part of which was spent in London and
in the neighbourhood of Cork. During his stay in London he received
intelligence of the success of the Tories at the recent elections in
Upper Canada. Knowing, as he did, by what corrupt means that success had
been achieved, he deemed it his duty to acquaint the Colonial Office
with the inevitable result which would follow the Governor’s
machinations. Tory influence was predominant there, and he was not
admitted to an interview with Lord Glenelg, but his views, elaborated
into a series of papers, were placed before the Secretary, by whom they,
were submitted to the Imperial Cabinet. In these papers the project of
Responsible Government was strongly urged as the only effectual remedy
for the troubles in Canada. It was also urged that the policy which had
theretofore been pursued by successive Lieutenant-Governors was steadily
alienating the affections of the Canadian people from the mother
country. These views, temperately but firmly expressed, were not without
effect at the Home Office. Upon Mr. Baldwin’s return to his native land
he found that matters had not stood still during his absence, and that
the Governor’s policy had produced its legitimate fruit. The word “
rebellion ” was now frequently in the mouths of men who had always been
regarded as loyal subjects. The Governor, as though bent upon
precipitating matters, was more despotic than ever, and was engaged in
daily squabbles with the Assembly. Mr. Baldwin, to whom even the tyranny
of Sir Francis Head was preferable to actual rebellion, kept aloof from
the extreme sections of both parties, and continued quietly to perforin
his duties as a citizen. He had lived with his father ever since his
marriage. Doctor Baldwin, finding that Spadina at certain seasons of the
year was an inconvenient place of abode, and that it would be advisable
for him to have a town residence, had erected a building on the comer of
King and Yonge streets, in what is now the commercial heart of the city.
This building stood almost intact until about two years ago, when it was
pulled down to make way for the magnificent new structure of the
Dominion Bank. The family had removed thither during the autumn of 1831,
and had resided there nearly four years. Dr. Baldwin, who was fond of
building operations, had meanwhile erected a fine brick mansion on the
site of the small house occupied by him many years before on the corner
of Bay and Front streets. This mansion is the one now used for the
offices of the Toronto, Grey & Bruce Railway Company. In 1835 the family
removed hither from the corner of Yonge and King streets, and it was
here that Mrs. Robert Baldwin breathed her last. The family continued to
reside here until .the proximity of railways and other causes combined
to make it an undesirable place of abode, when they removed back to
Spadina.
Early in December the rebellion became a reality. William Lyon Mackenzie
and his adherents encamped themselves on the northern outskirts of
Toronto, and threatened to advance upon the city. Sir Francis, old
soldier though he was, was panic-stricken. He knew the detestation in
which he was held by those who were in arms against his Government, and
deemed it probable that if he were captured by the rebels his life would
be sacrificed. Meanwhile the militia were pouring into the capital from
all quarters, and the forces at the Governor’s command would soon be
sufficiently numerous to enable him to laugh at the insurrection. It was
manifestly important to gain time, as additions to the militia were
coming in hour by hour. In this extremity Sir Francis had recourse to
Robert Baldwin. The Sheriff was despatched in hot haste to the house on
the corner of Bay and Front streets, and on the Governor’s behalf he
begged Mr. Baldwin to be the bearer of a flag of truce to the
insurgents. “ Demand from them,” urged Sir Francis, “ why they appear in
arms in hostility to their lawful Governor, and call on them in my name
to avoid the effusion of human blood.” The Sheriff* and his orderly seem
to have been kept tolerably busy for some time, carrying messages to and
fro between Mr. Baldwin and the Governor. Mr. Baldwin did not feel
justified in declining a request urged under such circumstances, but
stipulated that some other trustworthy person should accompany him. The
errand on which he was about to be despatched was an important one.
Negotiations might perhaps be proposed by the insurgent chief, and it
was highly desirable that the majesty of Upper Canada should be
represented by more than one man. To this view Sir Francis acceded, and
asked Mr. Baldwin to choose his coadjutor. Mr. Baldwin at once mentioned
Marshall Spring Bidwell, in whose integrity and prudence he had entire
confidence. An orderly was accordingly despatched for Mr. Bidwell, who
was asked to join his friend Mr. Baldwin in the expedition. Mr. Bidwell
had no heart for such an undertaking. He had no sympathy with the
insurrection, which he moreover knew must prove utterly futile. He was
essentially a man of peace, and did not believe in righting’ wrongs by
the strong hand. While sympathizing deeply with the grievances to which
the people of Upper Canada were subjected, he was in favour of
redressing these grievances by constitutional means, and not by open
rebellion. He begged to be excused from undertaking the mission. He
suggested that Dr. Rolph would be a very suitable messenger, and that he
would probably undertake the mission without reluctance. Mr. Baldwin
could assign no valid objection to Dr. Rolph, who was accordingly sent
for. He accepted the mission with alacrity, and he and Mr. Baldwin set
out on horseback for Gallows Hill. Upon their arrival they explained
their errand to Mr. Mackenzie, who asked to see their authority. Mr.
Baldwin was compelled to reply that his authority was oral only. “Then,”
said Mr. Mackenzie, “go back to Sir Francis Head, and tell him that we
want independence, and nothing but independence; and he must give us his
answer in writing within an hour.” The rest of this episode is not a
pleasant one to tell, but it has already appeared in print, and our
narrative would be incomplete without it. Dr. Rolph rode up to two of
the insurgents, and said something to them in so low a voice that Mr.
Baldwin could not hear it. The latter did not approve of this secret
conference, and rode back to town alone. He delivered Mr. Mackenzie’s
message to the Sheriff, by whom it was conveyed to the Governor. By this
time Sir Francis felt safe, and refused to ratify his embassy. Mr.
Baldwin was therefore compelled to return to Mr. Mackenzie with an
admission that the Governor had declined to furnish any written
authority. This transaction is not the least scandalous of Sir Francis
Head’s achievements. By refusing to accredit his ambassador he placed
Mr. Baldwin in an equivocal light before the country, and furnished the
political enemies of the latter with a pretext for repeated insults.
Everybody knows the rest of the story. Next day Dr. Rolph lost no time
in making the best of his way across the Niagara River, where he
admitted his complicity in the rebellion. Both Mr. Mackenzie and the
unhappy men who suffered on the gallows for their share in that day’s
work gave the same account of the message delivered by Dr. Rolph to the
insurgents, which, as they declared, enjoined the latter to wait until
nightfall, and then not to lose a moment in advancing on the eity, as
the Governor was only pretending to negotiate in order to gain time.'
Assuming this message to have been really delivered by Dr. Rolph, it
must be admitted that it places him in an unenviable light, for in that
case he was guilty not merely of treason to his country, but of
treachery to his friend. Mr. Baldwin never forgave him, and was never
again on speaking terms with him.
The rebellion was, for a time, a serious blow to the Reform Party in
Upper Canada. The ruling faction and their adherents saw their
opportunity, and used it without stint. A ery of disloyalty was raised,
and everything was done to create a false idea in the public mind as to
what really constitutes Reform principles. Disloyalty and rebellion were
represented as the inevitable outcome of the principles of Upper
Canadian Reformers. Every man who professed liberal opinions was
declared to be a rebel. Mr. Baldwin and Mr. Bidwell were placed in the
same category as Mackenzie and Rolph. Those who were instrumental in
promulgating this doctrine were morally guilty of a great crime, for
none knew better than they that the leading spirits among the Reformers
of Upper Canada were patriots, in the truest and best sense of that
word. For some time Mr. Baldwin treated these calumnies with silent
eontempt. By some, his silence was construed into inability to defend
himself, and more than four years afterwards one gentleman—the late Sir
Allan MacNabb—presumed so far upon Mi’. Baldwin’s forbearance as to
taunt him in a speeeh delivered in the House of Assembly. This was on
the 13th of October, 1842. Mr. Baldwin rose to his feet and replied to
the member for Hamilton in words whieh, so far as he was concerned,
effectually silenced all further insinuations of disloyalty. He detailed
the circumstances under which he had been induced to ride out with the
flag of truce, and how the Governor had not had sufficient magnanimity
to avow his own act. When the speaker resumed his seat the house
resounded with eheers, and Sir Allan MaeNabb subsequently apologized for
his language.
The unmerited reproach which had been brought upon the Reform Party was
not the only disadvantage under which it laboured at this period. Not
only was it subjected to public obloquy, and to the bitter taunts of its
foes, but it contained discordant and irreconcilable elements within
itself. It was for a time threatened with utter ruin. During the
progress of the year 1838, Robert Baldwin set himself diligently to work
to reconcile sueh discordant elements as were capable of assimilation,
and to reconstruct the party on a consistent and definite basis of
constitutional reform. The watchword of the reconstructed party was
“Responsible Government.” In May of the same year, Lord Durham arrived
in Canada, in the double capacity of Governor-General and of Her
Majesty’s Commissioner for the purpose of inquiring into and reporting
upon our political institutions. After spending nearly six months in the
country, he returned home and compiled his elaborate report, in whieh he
recommended the establishment of Responsible Government, and the
legislative union of the two Provinces. The subsequent history of these
recommendations belongs more appropriately to the life of Lord Durham
than to that of Robert Baldwin. At present it will be sufficient to
record the fact that most of Lord Durham’s recommendations with
reference to Canadian affairs were adopted by the Home Government, and
that during the session of 1839 a Bill providing for the union of Upper
and Lower Canada was introduced into the Imperial Parliament. It was
found, however, when the details of the measure came up for discussion
in the Commons, that the House had not sufficient facts before them to
enable them to deal with it satisfactorily. It became necessary to
shelve the matter until the following ses-sion, and to send out to
Canada some capable man to obtain the required information. The man
fixed upon for this mission was Mr. Charles Poulett Thomson, afterwards
Lord Sydenham, who held the post of President of the Imperial Board of
Trade. Mr. Thomson accordingly came over to this' country as
Governor-General, armed with the same full powers which had previously
been conferred upon Lord Durham. How he discharged his difficult task
will be related at length in the sketch particularly devoted to his
life. It may meanwhile be remarked that in the Upper Province the bulk
of the Tories arrayed themselves in hostility to the policy of the Home
Government. In their organ, the Toronto Patriot, they denounced Lord
Durham and his Report in unmeasured terms. The new Governor-General also
came in for a full share of censure. That gentleman soon discovered that
the Legislature of the Upper Province would not easily be prevailed upon
to consent to the proposed measures. The difficulty arose from the
opposition of the Legislative Council. He put forth a message, in which
he appealed strongly to the loyalty of the House, and urged the
necessity of their cooperation. He also published a despatch from Lord
John Russell, in which a similar appeal was embodied. The Family
Compact, members whereof composed a large majority in the Council, saw
that their reign, which had long'been insecure, would cease at once and
forever upon the advent of Responsible Government. The Governor,
however, had appealed to their loyalty, and ever since the Rebellion
they had been proclaiming their devotion to the Crown in fulsome terms
which left them no choice but to comply with what was asked of them, or
else to admit that they had been preaching doctrines which they were not
disposed to practise. The proposed measures, moreover, originated with
the Government, and the members of the Council were thus compelled
either to support them or to resign their places. By adopting the former
course they would at least postpone the evil day. They accordingly
supported the Government. The Assembly had all along approved of the
proposed changes, and resolutions were passed in accordance with the
policy outlined in the Governor’s message. A Union Bill was framed and
transmitted to England, where, with some slight modifications, it soon
re-ceived the assent of both Houses. On the 23rd of. July, 1840, it
received the Royal sanction. A clause in the Bill provided that it
should come into operation by royal proclamation. A protracted session
of the Special Council in the Lower Province delayed the issue of the
proclamation, and the Act of Union did not take effect until the 10th of
February, 1841.
Robert Baldwin had meanwhile remained in the retirement of private life.
A time had arrived, however, when he was once more to take an active
part in the politics of his country. At the urgent request of the
Governor-General, and upon the assumption that Government was to be
carried on in accordance with the principles for which he had all along
contended, he accepted the office of Solicitor-General, as successor to
Mr., afterwards Chief-Justice Draper, who had been annointed Attornev-General
in place of Mr. Hagerman. Mr. Baldwin’s acceptance of office did more
than anything else could have done to strengthen the hands of the
Governor, and to gain confidence for the Administration. This office he
subsequently resigned under circumstances which occasioned not a little
embarrassment to the Governor ; and as he has been censured for this
step, it is very desirable that we should clearly understand the motives
by which he was actuated. We are fortunately able to arrive at such an
understanding. Shortly after his appointment to office, in the month of
February, 1840, being determined that there should be no misapprehension
as to his actions, he wrote and published a letter in which occur the
following words:— “In accepting office I consider myself to have given a
public pledge that I have a reasonably well-grounded confidence that the
Government of my country is to be carried on in accordance with the
principles of Responsible Government, which I have ever held. It is
therefore right that it should be distinctly understood that I have not
come into, office by means of any coalition with the Attorney-General,
or with any others now in the public service, but have done so under the
Governor-General, and expressly from my confidence in him.”
So far all is clear enough. A year later— that is to say, on the 13th of
February, 1841—the Governor, having determined to constitute the
principal officers of Government the Executive Council, wrote to Mr.
Baldwin as follows:
“I am called upon to name an Executive Council for this Province without
delay, which at present will be composed exclusively of the chief
officers of the Government, and I have therefore included your name in
the list.”
Now, the members of the Cabinet, with three exceptions, were persons
with whom Mr. Baldwin had never acted, and with whom he had very little
political affinity. He moreover had good reason for believing that a
Cabinet so composed would not find favour when the House should meet. He
was desirous to make the Union a success, and was loth to embarrass the
Governor at such a time by refusing to accede to his request, but he
again resolved that there should be no misunderstanding as to his
position. He accordingly, on the 19th of the month, replied to Lord
Sydenham’s letter as follows:
“With respect to those gentlemen,”—referring to the members of the
Council,—“Mr. Baldwin has himself an entire want of political confidence
in all of them except Mr. Dunn, Mr. Harrison and Mr. Daly. He deems it a
duty which he owes to the Governor-General, at once to communicate his
opinion that such arrangement of the Administration will not command the
support of Parliament.”
By writing a letter couched in such language, Mr. Baldwin must certainly
have meant to reserve to himself perfect freedom of action. He believed
that the proper time for action would be when he was in possession of
the facts as to the political situation, and this he could not possibly
be until the assembling of Parliament. Here again, however, his perfect
good faith towards all men was signally displayed. It would manifestly
be disingenuous were he to accept a seat in the Council without
acquainting his colleagues with his opinions. To Lord Sydenham he had,
as we have seen, been sufficiently explicit already. He now wrote to
each individual member, with the exception of the three gentlemen
already named, acquainting them straightforwardly of his utter want of
confidence in them politically.
The course pursued by him in this often-debated matter was thoroughly
consistent throughout. When the members of the Parliament of the United
Provinces met at Kingston, on the 13th of June, 1841, and previous to
the opening of the session, Mr. Baldwin called together a meeting of the
Liberal members from both sections. The summoning of such a meeting was
a political necessity, for many of the members from the different
Provinces were totally unacquainted with each other, and were very
imperfectly acquainted with each other’s views on the questions of the
day. One of Mr. Baldwin’s principal objects was to ascertain how lax the
Government possessed the confidence of the Liberal party of the United
Provinces. It was soon apparent that very few of the members felt any
confidence whatever in the Government as a whole, although even the
members from the Lower Province were almost unanimous in expressing
confidence in Mr. Baldwin himself. Here again his course seemed
perfectly clear. He must cease to hold office in a Government which had
not the confidence of the people. Either there must be a reconstruction
of the Cabinet or he must resign. He proposed the former alternative to
Lord Sydenham, but his proposal was rejected. Accordingly, on the day
when the session opened, he resigned his office. There can be no doubt
that this was an embarrassing state of affairs for the Governor, but Mr.
Baldwin was compelled to choose between two evils, and he chose what
seemed to him to be the less. It was better that the Governor should be
embarrassed than that a high-minded statesman should prove false to his
convictions. He was assailed with coarse vituperation in the House for
his resignation. He replied in moderate, but forcible language,
explaining his position at considerable length. His opponents were not
accessible to argument, but outside the House his conduct met with the
full approbation of his constituents, and of the Reform party generally.
At the next elections, as if to show how fully his course was approved
of, he was returned for two constituencies—the County of Hastings and
the North Riding of York. He chose to sit for the former, and
recommended his friend Mr. Lafontaine to North York. The latter was
triumphantly returned for that Riding. All his former colleagues
retaining their places, Mr. Baldwin found himself in Opposition. He took
part in several warm debates during the session, and moved some
important amendments to the Municipal Bill, which was the most
hotly-contested measure before the House, and which, after repeated
divisions, was finally passed. He also strenuously advocated a policy of
conciliation towards the Lower Canadians. Early in September he moved
and passed a series of resolutions in support of his “ one idea” of
Responsible Government. Almost immediately afterwards Lord Sydenham’s
death took place, and the session was brought to a close.
Sir Charles Bagot having succeeded Lord Sydenham as Governor-General,
entered upon his duties early in January, 1842. He wisely resolved not
to directly identify himself with either of the political parties in the
country, but to carry on the Government in accordance with the popular
will. After spending a few months in making himself acquainted with the
condition of affairs, he discovered that no ministry could expect to
command the public sympathy unless it favoured Responsible Government.
The existing Ministry was evidently doomed as it stood, and needed
reconstruction. Soon after the opening of the following session, the new
Governor accordingly made overtures to Robert Baldwin and Mr.
Lafontaine, and a Government, with them at its head, was soon formed;
several of the old members, including Sir Francis Hincks, retaining
their seats. The new members returned to their constituents for
re-election, and found themselves warmly supported. Thus was formed the
Hincks-Baldwin Administration, as it was called in Upper Canada, in
which Mr. Hincks held office as Inspector-General and Robert Baldwin as
Attorney-General West. It came into existence on the 16th of September,
1842, when this, the first Responsible Ministry under the Union was
sworn in, and Mr. Baldwin’s “one idea” was realized. The ensuing session
was a short but indus-trious one, and was signalized by the passing of
several important measures, one of which was an Act authorizing- the
raising of a large loan for public works. The House was prorogued on the
22nd of October, and almost immediately afterwards the state of the
Governor’s health compelled his resignation.
Then followed the memorable contest with Sir Charles Metcalfe. Upon Sir
Charles Bagot’s death a good deal of anxiety was felt in Canada as to
who would be his successor. The late Lord Stanley, afterwards Earl of
Derby—father of the present representative of the title—was at this time
Secretary of State for the Colonies in the Imperial Government. This
nobleman disapproved of the recent changes in the Constitution of this
country, and was vehemently opposed to the system of Responsible
Government which had been introduced here. His selection of Sir Charles
Metcalfe (afterwards Lord Metcalfe) as Bagot’s successor, and his
subsequent instructions to that gentleman, lead to the conclusion that
he had resolved upon the overthrow of our newly-acquired constitutional
system. Sir Charles Metcalfe was a man of ability, who had spent a great
part of his life in the service of the East India Company. He had had
some experience in administering the despotic governments of Indian
Provinces, but had no knowledge of Parliamentary Government, and was
about as unfit a man as could have been sent out to fill such a position
as that of Governor-General of Canada. He remained here nearly three
years, during which period he, with the best intentions, contrived to
bring the country to the verge of ruin. The training and experience of a
lifetime had totally unfitted him for constitutional rule. Responsible
Government in a colony where Party Government prevailed was to him an
anomaly, and he could never be brought to understand it. He saw,
however, that it had a firm hold upon the popular sympathies, and
without meaning to be absolutely dishonest he was guilty of some
dissimulation. While professing to approve of Responsible Government he
was constantly showing his hostility to it. He had no sympathies in
common with its advocates, and chose his associates and advisers from
among the members of the defunct Compact. He endeavoured to exalt his
own office by circumscribing the power of the Cabinet. He was wont to
sneer at the pretensions of his Ministers, and in one of his letters he
compares his position to that of an Indian Governor compelled to rule by
means of a Mahommedan Ministry and a Mahommedan Parliament. It will
readily be believed that there could be little unanimity of sentiment
between such a man and Robert Baldwin. Their natures were thoroughly
antagonistic, and this began to be apparent ere the new Governor-General
had been many weeks in the country.- They had several warm discussions
as to the right of patronage. Mr. Baldwin, on behalf of himself and his
colleagues, urged—what one would have thought must be sufficiently
obvious in a country boasting of Responsible Government —that public
appointments should be made in accordance with the will of the people.
Sir Charles utterly scouted such a doctrine. He claimed that, as the
representative of the Crown, the right of patronage was vested in
himself alone. He was defective in perception, and surrendering himself
to evil counsellors, formed most erroneous ideas as to the character and
aims of the members of the Government. How erroneous those ideas were is
sufficiently apparent from the language of his biographer, Mr.,
afterwards Sir John William—Kaye. The latter gentleman never was in
Canada, and knew nothing of Mr. Baldwin except what he gathered from the
papers of Lord Metcalfe. His estimate of Mr. Baldwin may therefore
fairly be taken to have been that of Lord Metcalfe himself. People who
arc well-informed as to his life and character may well open their eyes
when they read that Robert Baldwin was “ the son of a gentleman of
Toronto, of American de-scent, who had formerly been a member of what
was called the ‘ Family Compact;’ ”— that “ the elder Baldwin had
quarrelled with his party, and with the characteristic bitterness of a
renegade had brought up his son in extremest hatred of his old
associates ; ”—that “ the son grew up to be an enthusiast—almost a
fanatic;”—that “he was to the last degree uncompromising and
intolerant;”—that “ he seemed to delight in strife ;”—that “ the might
of mildness he laughed to scorn;”—that “ he was not satisfied with h
victory unless it was gained by violence;”—that “ concessions were
valueless to him unless he wrenched them with a strong hand from his
opponent;”—that being “ of an unbounded arrogance and self-conceit, he
made no allowances for others, and sought none for himself;”—that “there
was a sort of sublime egotism about him—a magnificent self-esteem, which
caused him to look upon himself as a patriot whilst he was serving his
own ends by the promotion of his ambition, the gratification of his
vanity or his spite.” Those of us “to the manner born” do not need to be
informed that the proportion of truth to error in the foregoing extract
is even less than the proportion of bread to sack in Falstaff’s
tavern-score. It is difficult, indeed, to understand how any one could
have read the character of Robert Baldwin so utterly awry. The above
passages are quoted from the early edition of Kaye’s “ Life of Charles
Lord Metcalfe.” In the later edition he modifies a few of the details,
but the general portraiture of the man remains unchanged. All the
assertions are so far the reverse of fact that it is hard to believe
them to have been honestly made. The “gentleman of American descent ”
was Dr. Baldwin, who, as has already been seen, was an Irishman, and a
native of the county of Cork. His journey from Ireland to Canada was
made by way of Quebec, and he probably never spent ten consecutive days
in the United States, with the republican institutions whereof he had
little sympathy. So far from his ever having been a member of the Family
Compact, he had always been a pronounced Liberal, whose character and
political opinions were so well known from the time of his first
settlement in this country that it was deemed hopeless to attempt to
allure him to the side of the oligarchy. Even Sir Francis Bond Head
refers to him as “more ultra in his theory of reform than his son.” The
delineation of the son’s character and principles is equally at variance
with fact. It is not going too far to say that no man occupying an
equally pronounced position in the arena of political life was ever less
swayed by animosity or spite than Robert Baldwin. Sir Francis Hincks, a
thoroughly competent and trustworthy authority, in his pamphlet on “The
Political History of Canada between 1840 and 1855,” published at
Montreal several years ago, says, in speaking of the Baldwins:—“Neither
the Doctor nor his son entertained bitter feelings against their
opponents, and although firm in their adherence to cherished political
opinions, they were both highly and universally respected.” Sir Francis
Head’s early impressions of the son were chiefly derived from the
leaders of the Family Compact—notably from its head and front, Sir John
Beverley Robinson. Yet we find the Governor referring to that son, in a
communication to Lord Glenelg, written in February, 1836, as “a
gentleman highly respected for his moral character, being moderate in
his politics, and possessing the esteem and confidence of all parties.”
It would be easy enough to fill page after page with extracts from books
equally well known, and equally contradictory of each other. Even Lord
Sydenham’s biographer fails to do justice to the motives which swayed
Robert Baldwin. The fact that we encounter such contradictions in books
to be found on the shelves of all large libraries is an additional
reason why it is desirable that a true account of Robert Baldwin’s life
should be written.
The difference between the Governor and Mr. Baldwin involved, of course,
differences between the Governor and the Ministry. The Ministry was
composed of the following members: Attorney-General West, Robert
Baldwin; Attorney-General East, Louis H. Lafontaine; Solicitor-General
West, James Edward Small; Solicitor-General East, T. C. Aylwin;
Receiver-General, J. H. Dunn ; Inspector-General, Francis Hincks;
Commissioner of Crown Lands, A. N. Morin; President of the Council,
Robert Baldwin Sullivan; Provincial Secretary for Upper Canada, Dominick
Daly; President of Board of Works, H. H. Killaly. The Surveyor-General,
Mr. Thomas Parke, and the Commissioner of Customs, Mr. Malcolm Cameron,
were not members of the Cabinet. The breach between Governor and
Ministry gradually became wider and wider, for the former would not give
way in the smallest particular, and had the Ministry given way they
would have been false to the trust reposed in them by the public.
Legislation was interfered with, and the general business of the country
obstructed. A strong feeling arose throughout the land that the
Governor-General was a tyrant and an aristocrat who had no sympathies in
common with the people he had been sent out to govern. Some of Mr.
Baldwin’s colleagues advocated resignation, but he himself was loath to
imperil Responsible Government by such a step, and clung to the hope
that calmer thoughts would ere long prevail.
It may justly enough be concluded that the Governor’s position was not a
particularly enviable one, but we are led unavoidably to the conclusion
that for the most disagreeable features of it he was personally
responsible. He was stubborn, fond of having his own way, and unable to
recede with a good grace. “He was called upon,” says his biographer, “to
govern, or to submit to the government of Canada by a party; and the
party by which he was to .govern was one with which he had no sympathy.”
The answer to this is sufficiently obvious. He was not sent out to
Canada to indulge his personal sympathy for any party, but to administer
a Constitutional Government according to its constitution. A
contemporary writer puts this matter very clearly. “How had he (Lord
Metcalfe) seen the Queen, his Sovereign, act within the period of his
return to England and his departure for Canada? Had he not seen her
transfer her confidence from Lord Melbourne, for whom she had a filial
attachment, to Sir Robert Peel, whom she never really liked? And why?
Because she knew, as a Constitutional Sovereign, that her business was
to give her confidence to, and call to her councils, those men who had
the support of the representatives of the people.”
Finally, towards the close of November, 1843, the Governor, as though
wilfully to defy and provoke his Council, made an appointment without
reference to them, and when remonstrated with by Mr. Baldwin and Mr.
Lafontaine he declared that he had acted within the legitimate scope of
his power. He positively declined to pledge himself not to make any
further appointments without the sanction of his Ministers. Mr. Baldwin,
still peacefully inclined, left the matter open for two days, at the
expiration of which he and his colleague, Mr. Lafontaine, once more
pressed their views upon the Governor. The latter was adamant. “You, Mr.
Baldwin,” said he, “are not so fond of giving pledges yourself that you
should demand them from others.” “ I trust, your Excellency,” was Mr.
Baldwin’s reply, “that I shall always be willing to pledge myself on
matters as to which my sentiments cannot possibly undergo any change.”
And thus, with mutual courtesies, the two Ministers withdrew. A
conference was held that same night, and the result was that all the
members of the Ministry except Mr. Dominick Daly resigned their seats.
Several days afterwards—on the 2nd of December—the Assembly passed a
vote approving of the conduct of the retired Ministers.
A good deal of difficulty was experienced in forming a new Ministry. In
about a fortnight, however, a Provisional Government was formed under
the leadership of Mr. Draper and the Hon. D. B. Viger. Then followed the
dissolution of the House, and an appeal to the country. It is simply a.
matter of fact that the Governor-General interfered with the elections
for his own purposes, and used every influence within his reach to
secure the return of members hostile to the late Ministry. He succeeded
in securing a small majority favourable to his policy. Mr. Baldwin was
returned for North York, and from that time until the month of March,
1848, he remained in Opposition. His services to his party during this
interval were invaluable. His conduct was then, as always, marked by
prudence and moderation, and won respect even from his political
opponents. It is possible enough that had he been less moderate; had he
been a man of greater energy and determination; had he resorted to
crooked measures to accomplish his ends; he might have proved himself
more than a match for Metcalfe, and might have compelled that Governor’s
resignation at an earlier period of his career in this country. But it
may be doubted whether such a policy would in the end have proved
beneficial to the permanent interests of our land, for Metcalfe’s three
years’ tenure of power furnished the best possible evidence of the
desirability of establishing Responsible Government on a firm basis.
After Metcalfe’s departure from our shores the Earl of Cathcart
administered affairs for a little more than a year. In 1846 there was a
change in the Imperial Government, and the new Colonial Minister, Earl
Grey, appointed Lord Elgin to the office of Governor-General of Canada.
Lord Elgin reached Canada early in 1847. A general election took place
at the close of the year, which resulted in a sweeping Reform victory
both in the Upper and Lower Provinces. The old Ministry resigned, and
Lord Elgin called on Mr. Lafontaine to form a Ministry. The call was
responded to. Mr. Lafontaine conferred with Mr. Baldwin, and thus was
formed what is known as the Baldwin-Lafontaine Administration, one of
the ablest Administrations known to Canadian political history. Its
original composition , was as follows:— Robert Baldwin, Louis H.
Lafontaine, the Hon. William Hume Blake, Robert Baldwin Sullivan, T. C.
Ay 1 win, F ran cis Hincks, J ames Lesslie, D. B. Viger, James Hervey
Price, Etienne P. Tache, R. E. Caron, and Malcolm Cameron. It
subsequently underwent several modifications, but as a Government it
continued in power until the session of 1851, when Mr. Baldwin resigned
his position. The ostensible ground of his resignation was a vote on a
resolution moved by Mr.William Lyon Mackenzie to abolish the Court of
Chancery. This resolution, though hostile to the views of the Ministry,
was supported by a majority of Upper Canadian votes, several of the
hostile voters being members of the legal profession. Mr. Baldwin was
surprised as well as mortified, and promptly resigned office. At the
election which followed he offered himself as a candidate for his old
constituency of North York. He was opposed by Mr. Joseph Hartman, who
was returned by a considerable majority. This was also a surprise and a
disappointment to Mr. Baldwin, who forthwith retired from active
political life. His friend and ally, Mr. Lafontaine, retired soon
afterwards, and the political career of both these distinguished men may
be said to have closed with the year 1851.
The Baldwin-Lafontaine Administration was signalized by many public
measures of the greatest importance. Early in its history came the
furious debate on the Rebellion Losses Bill, a legacy left by the
preceding Administration. The account of this Bill belongs more properly
to the life of Lord Elgin, and will be given at length there. We have
referred to the vote on the resolution for the abolition of the Court of
Chancery as being Mr. Baldwin’s ostensible reason for resigning office.
There were, however, other causes which doubtless actuated him in taking
that step. His health had already begun visibly to decline, and his
physicians informed him that his official labours were rapidly
shortening his life. He was sensitive—almost morbidly sensitive—on the
subject of his personal popularity. The vote on Mr. Mackenzie’s
resolution was no fair test of that popularity, and many members who had
supported it begged Mr. Baldwin to reconsider his determination,
alleging that they would without hesitation have opposed the resolution
if they had believed he would take the matter so much to heart. But he
was also aware that many prominent members of the Reform Party were not
fully in accord with his views on other important public questions. He
was too conservative for them. The demand for the secularization of the
Clergy Reserves had become imperative, and though Mr. Baldwin approved
of the principles of that measure, and had previously voted in favour of
it, he was not disposed to go so far as public opinion required. He was
a sincere and zealous Churchman, and had a high respect for vested
rights. His zeal for Episcopacy did not blind him to the public weal,
and he had given adequate testimony of his high and disinterested sense
of justice by rescuing our University from Episcopal control. At the
same time, he could not see his way to dealing with the Clergy Reserves
in such a manner as at once to satisfy his conscience and the country’s
imperative demands. Mr. Mackenzie, the late Premier of the Dominion, in
a speech delivered several years since, referred to Robert Baldwin as a
pure-minded but timid statesman. True, he was, in a certain sense,
timid; but the sense is one in which he has had few imitators. He was
afraid to do wrong. In the sense of being true to his conscience, and
ready in expressing his sincere convictions at all times and in all
places, no Canadian statesman has ever been more fearless than Robert
Baldwin.
His speech to the electors of North York in 1851, after the poll had
been closed, and when his defeat was made known, was his last public
utterance. As his remarks on that occasion were eminently characteristic
of the man, and fully explanatory of his sentiments, we subjoin the
following epitome of them. He began by saying that the audience had just
heard the declaration of a fact that severed the political tie which had
for the last eleven years connected him with the North Riding of York.
It might be said, and no doubt was said by many, that he ought to have
withdrawn from the representation of the Riding, rather than contest it
under the circumstances which led to the result just announced. He did
not view the matter in that light. He felt that a strong sense of duty
required him to take a different course, and not to take on himself the
responsibility of originating the disruption of a bond which had been
formed, and repeatedly renewed, between him and the electors of the
North Riding. So far as he was able impartially to review the course he
had hitherto, and especially for the Iasi four years, pursued, he could
see no change in himself; nothing which should have induced them to
withdraw a confidence repeatedly expressed at former elections. All
circumstances duly considered, he could not recall any act of importance
which he had performed, or for which he was responsible, that his sense
of duty to his country did not require, or, at least, did not justify.
In the course of the canvass just ended, he had had frequent
opportunities of explaining his views to those who sustained, and
occasionally to those who opposed him. It was unnecessary for him then
to repeat those views ; but he felt it due to his own sense of right,
and to the opinions of his friends, to say that under present
circumstances he saw no reason to withhold a sincere re-assertion of
them. In his own mind he could find nothing that would justify him,
under all the circumstances, in pursuing a different course from that
which he had taken. He had the satisfaction of knowing that there were
intelligent men of a noble spirit in the Riding who concurred with him—
staunch friends of former days, who had on the recent occasion given him
their assis-tance and votes, in the face of, as the result showed, very
discouraging circumstances. Principles so approved in his own mind, and
so supported by such friends, he could not abandon. Until
constitutionally advised to the contrary by the votes of the majority,
he felt bound to believe that what he had always supported—what his
constituents had frequently affirmed at former elections—what he still
believed to be right —what he knew to be still sustained by men of
valuable character, was also concurred in by a majority, at least, of
his constituents. He believed, indeed, that his successful opponent did
not differ from him in his view of his (Mr. Baldwin’s) position. Under
these circumstances he felt he would not be justified in accepting any
evidencf of a change in the minds of his constituents less doubtful than
that of their own recorded votes. It could not now be said of hin in
leaving that he had abandoned them These considerations had impelled him
noi to shrink from the ordeal of a contest, noi from the announcement
now made of its result, however discouraging that resuli might be
considered. It only remained foi him now to return his cordial thanks
first and most especially to the staunch friends who in the face of
disheartening circumstances had manfully recorded their votes for him,
and actively assisted him at the polls and otherwise. To these he felt
he could not adequately express his obligations. He would also say that
his acknowledgments were due to those who had been his supporters on
former occasions, not excepting out of this number his successful rival,
for the kindness he had met with among them, and for the courteous
manner to himself personally, in which the opposition to him had been
conducted. They would part, but part in friendship. They had withdrawn
their political confidence from him, and he was now free from
responsibility to them. There were, among the points of difference
between him and their member elect, some not unimportant principles, but
although he could not without some alarm observe a tendency which he
considered evil, still, to all of them personally he wished the utmost
prosperity and happiness they could desire. To his friends, then, of the
North Riding, gratefully, and not without regret; to his opponents
with-jut any feeling of unkindness, he would row say—Farewell!
During. his tenure of office Mr. Baldwin laboured with might and main in
the direc-aon of law reform. If some of his meas-ires were less
practicable in their working ;han might have been desired, there were )thers
which must be regarded in the light of national blessings. He
contributed very materially towards the establishing of our excellent
municipal system, and while Attorney-General extended and codified that
system into a complete and harmonious whole. He remodelled the Courts of
law, and extended the scope of those of inferior jurisdiction. His
successful efforts at University Reform have already been referred to.
From the time of his defeat in North York down to the day of his death
he never emerged from the seclusion of private life. He continued to
reside at Spadina, spending his time chiefly in study, and preparing
himself for the end which he knew was not far distant. His close
application to his official labours had undermined his constitution, and
for several years his system had shown unmistakable symptoms of decay.
He lingered on for seven years longer, but declined perceptibly from
year to year. He attended to no business, but continued to receive
visits from his friends, and occasionally drove into town. In December,
1854, the dignity of Companion of the Bath was conferred upon him by Her
Majesty—a very inadequate requital for all his valuable public services
to his country and the Empire. In the autumn of 1858 it was evident that
he was rapidly sinking. Early in December he had an attack of angina
pectoris, and on the 9th of the month he breathed his last. His mortal
remains were interred in the private family sepulchre called St.
Martin’s Rood, at Spadina, where his wife and father and other members
of his family had previously been laid to rest. The sepulchre remained
undisturbed until the month of September, 1874, when—Spadina having
meanwhile passed out of the possession of the Baldwin family—the remains
were removed to St. James’s Cemetery, where they now repose.
Ever since his call to the Bar, Mr. Baldwin had been a prominent member
of the Law Society. He had been elected to the dignity of a Bencher as
early as 1830, and had been Treasurer of the Society since 1850. Two
days after his death a meeting of the members of the Bar was held in the
Convocation Room at Osgoode Hall, for the purpose of paying a tribute to
his memory. Appropriate resolutions were passed, and the members agreed
to attend the funeral in their professional robes, and to wear mourning
for a period of one month. The funeral was one of the largest ever seen
in this Province. Among those assembled were the Judges of the Superior
Courts, a large array of members of the Bar, the Bishop of Toronto, and
a numerous body of the Clergy, most of the members of the Government,
many members of both branches of the Legislature, a large number of
prominent non-professional residents of the city, and a considerable
representation of the country districts. The burial service of the
Church of England was read by the Rev. Mr. Grasett. During the afternoon
business was suspended in most of the stores on the principal streets of
the city, and, pursuant to a recommendation of the City Council, a
similar mark of respect was paid to Mr. Baldwin’s memory in Hamilton.
His death, indeed, was felt from one end of the Province to the other.
Of all the long array of Canadian statesmen who have passed away, not
one has been more widely regretted, and not one has left behind him a
more spotless name.
Mr. Baldwin’s personal
appearance was not remarkably striking, and was suggestive of the quiet,
subdued,, prosperous, portly, and withal rather delicate professional
man. He was above the medium height— about five feet ten inches—but did
not look so tall, owing, more especially during his later years, to his
stoutness of physique. He was broad in the shoulders, and stooped
perceptibly. Even in youth his features were rather pale and stolid, and
his eyes, which were gray, were wanting in sharpness and brilliance. His
hair was dark brown, of fine texture, and, during the last few years of
his life, inclined to iron gray. In manner he was reserved, and not
given to unnecessary self-assertion. He had little imagination, and, as
a public speaker, was not fluent or brilliant. He could, however, rise
with an occasion, and was sometimes eloquent. At times, too, he was not
wanting in a ready humour, which was all the more expressive coming from
a quarter where such a quality was not looked for. Once, while in
Opposition, in the course of a speech in the Assembly, he compared the
Hon. Dominick Daly to the lily of the valley—“for,” said he, “the
honourable gentleman toils not, neither does he spin,”—and quoted the
rest of the passage. The quality of this jeu, d’esprit will be
materially enhanced to those who remember the character and appearance
of the gentleman referred to. Such attempts as these, however, were the
exception, and by no means the rule, with Robert Baldwin, who was of too
kindly and amiable a nature to take pleasure in saying severe things.
There was little of that personal magnetism about him which attracts a
numerous circle of warm friends, and by many he was—though
unjustly—considered cold and repellent. The great secret of his success
was his unbending honesty, and his adherence to the convictions which he
arrived at by the exercise of a well-trained, though not extraordinarily
powerful, intellect. One of his contemporaries has justly said of him
that his whole career supplies a pregnant example of the homage which
even bad men pay to virtue, and a brighter star could not be set up for
the guidance of Canadian politicians. The truth is that Mr. Baldwin
contended during his whole political life for the simplest rights of the
people of Canada—rights of which, as British subjects, no man should
ever have thought of depriving them. His keen sense of justice induced
him to take the part he did; and in pursuing his course he was not
actuated by any love of change for its own sake. No unprejudiced man can
doubt that he was a sincere patriot, or that he was induced to enter
public life chiefly by a desire to promote the general good. His
frequent sacrifices of personal advantages when required by adherence to
his principles arc sufficient proof of this; and he will long be
remembered in Canada as possessing singular purity of motive, and
freedom from the lower influences which operate upon politicians. Our
country has perhaps produced greater men, but she has produced none
better, and there is no name in our annals to which we can point with
more unfeigned respect and admiration than his.
Mr. Baldwin left four children. Eva Maria, the eldest, died unmarried in
Toronto in 1866. The other three still survive. William Willcocks
Baldwin, called after his maternal grandfather, lived for some years at
Larchmere, a fine property in the township of Whitchurch, in the county
of York, originally settled by his maternal grandfather, Mr. William
Willcocks. He now resides in Toronto, and is Distributor of Stamps to
the Law Society at Osgoode Hall. Eliza, the third child, is the widow of
the late Hon. John Ross, of Toronto, and now resides at Brighton,
England. Robert, the youngest, named after his father, also resides in
Toronto, and is Secretary of the Upper Canada Bible Society. William
Augustus Baldwin, a younger brother of the deceased statesman, and the
only surviving child of Dr. Baldwin, resides at Mashquoteh, an estate a
short distance north of Toronto.
But little has been said as to the religious side of Mr. Baldwin’s life.
It will readily be inferred, however, that a man with such tenderness of
conscience, and with such a high sense of duty to his country and to his
fellow-men, would not be unmindful of his responsibility to his Maker.
Robert Baldwin was neither a bigot nor a fanatic, but he was in the best
and truest sense of the word a Christian. He was strict in his
observance of religious duties, and brought up his children to seek
those things which make for righteousness rather than the things of this
world. His piety was an ever-present influence in his life, and was
practically manifested in his daily walk and conversation. As we
contemplate the fifty-four years which made up the measure of his
earthly span, we cannot fail to be impressed by its uniform consistency,
its thorough conscientiousness, its devotion to high and noble objects.
It is a grand thing to acquire a famous name, but it is a much grander
thing to live a pure and noble life ; and in estimating the character of
Robert Baldwin it should be remembered that he was not merely a
statesman and a lawyer, but was, over and above all else, a man and a
Christian.
The compilation of the foregoing sketch has been a grateful, but withal
a somewhat laborious task. Mr. Baldwin was not in the habit of keeping a
journal, and he.left behind him few manuscripts or papers bearing upon
the most important epochs in his career. He was not a man who wore his
heart upon his sleeve. He was of a singularly retiring, self-contained
disposition, and was not accustomed to unbosom himself unreservedly,
either to his most intimate friends, or even to the members of his own
family. Finally, many of his contemporaries who knew him well, and who
fought by his side in the struggle to which a great part of his life was
devoted, have passed away. These are a few among the difficulties to be
encountered by the .biographer of Robert Baldwin. In the foregoing
pages, however, the principal events of his life have been outlined
somewhat more in detail than has been done heretofore, and there has
been an honest attempt to pourtray his character and idiosyncrasies with
some approach to historic truthfulness. |