be confronted by large majorities, even on their own measures the Alien Bill, for instance-but the principle of executive responsibility was not acknowledged, and no question of ministerial resignation ever followed a defeat.

Prior to the meeting of the new Legislature, there arose a government prosecution, on which much popular feeling was excited; and when the case had come for a jury, Mr. Mackenzie showed more feeling at the demeanor of the judge than, from his writings, he appears to have previously displayed. Mr. Whitehead, the customs collector, at Port Hope, had commenced a prosecution against Mr. Wm. Mackintosh, the owner of the Minerva Ann, for an infraction of the revenue laws, in neglecting to report her arrival. The fact was admitted, but the public feeling ran strongly in favor of the defendant, the offence being looked upon as merely nominal. The jury, probably sharing the common feeling, found a verdict for the defendant; and they were about to give their reasons for doing so, when the court interposed an objection to the irregularity of such a course. Mr. Justice Boulton told the jury that their verdict was contrary alike to the law and the evidence." The SolicitorGeneral, (son of the judge,) who was conducting the case for the crown, proposed that the record should be read to the jury, whom he wished to reconsider their verdict. Mr. Washburn, on behalf of the defendant, attempted to reply, when a scene, the reverse of creditable, occurred. The judge having peremptorily ordered Mr. Washburn to sit down,

"Mr. Washburn said, I wish to know from your

Lordship, whether I am to be allowed to reply to Mr. Solicitor General's arguments or not?

"Mr. Justice Boulton-Sit down! Sir, I say-sit down! It is indecent for you to interrupt the Court. "Mr. Washburn again attempted to speak.

"Mr. Justice Boulton-Sit down! Sir,-Sit down! or I'll—I'll—Mr. Sheriff, take this fellow out of Court! "Mr. Washburn-My Lord! I must and will be heard. Your Lordship informed me that I should have liberty to reply. I am standing here in defence of a client who has committed his case to my hands. I have a duty to perform to him, which is paramount to every other consideration. I will not desert him now; nor can I be driven to abandon him by any man. I therefore request once more to know, before, I sit down, whether I shall be allowed to reply?

"Mr. Justice Boulton-Sit down! Sir. Mr. Sheriff -Mr. Sheriff, take this man out of Court!"*

The sheriff, probably making allowance for the warmth of the judge, did not attempt to obey the order. After the judge had again addressed the jury at great length, they retired a second time, and brought in a special verdict in writing, amounting, in effect, to precisely the same as the first. Again the judge remonstrated; but the foreman of the jury cut the matter short by informing his lordship, that he should prefer to starve to death rather than alter his verdict.

On this proceeding, Mr. Mackenzie commented with greater indignation than he had shown on any previous occasion:

*The Report is taken from the York Observer, a government paper.

"Were I at this moment immured in a dungeon, and denied the privileges of the lowest hind that breathes the vital air, and crawls along, I would not exchange places with our high born ruler, surrounded by such men as he now delights to honor; no! I would spurn-I would loathe the very idea of such a prostration. I am the son of an humble, obscure mechanic, bred in the lap of poverty; but not to inherit the noble blood which flows in his veins-not to possess the ancestral grandeur that surrounds his name-not to wear the star that adorns his breast, nor the honorable orders that mark his valor-no! not for worlds would I exchange situations with him, surrounded by men whose whole career is like 'vanity tossed to and fro of them that seek death.'

"If a judge can bully a jury into submission to his dictation, though expressly contrary to their own solemn verdict; if a Solicitor for the Crown can trample under foot the dearest rights of Britons; if a government, emanating from England, can cherish such a corrupt, such a detestable star-chamber crew-then the days of the infamous Scroggs and Jeffries are returned upon us; and we may lament for ourselves, for our wives and for our children, that the British Constitution is, in Canada, a phantom to delude to destruction, instead of being the day-star of our dearest liberties."

This was followed by an appeal to the new Legislature, to address the Governor General to dismiss from his presence and counsels the politicians by whom he was then advised, including "the whole of the Boulton race, root and branch"

CHAPTER V.

Removal to York, the Seat of the Up er Canada Government-Reporting and Publishing Legislative Debates-Newspapers and Postage-The Foundation of Brock's Monument raised to fish up an obnoxious Newspaper-Parliament House at York Burnt-A Hospital turned into a Legislative Building -Meeting of the New House-The Government in a Minority-An Irresponsible Government-Temporary Resolve (not carried out) to return to Dundas-Kissing and Government Printing go by Favor-Journey to Kingston-A Singular Character-Feeling towards the "Yankees"-The Perils of Plain Speaking-Dismissal of a King's Printer-Mr. Mackenzie resolves to abandon Politics and publish a Literary Journal-His Ideal of a Patriot.

As the Legislative session approached, Mr. Mackenzie saw reasons for removing his establishment to York, then the seat of the government for Upper Canada. A paper published at Queenstown must necessarily reproduce stale accounts of the Legislative proceedings. It was doubtful whether any newspaper, which had then been published in Upper Canada, had repaid the proprietor the cost of its production. Any publisher who sent a thousand sheets through the post-office must pay $800 a year postage, quarterly in advance. Though some of the other settlements were well supplied with post-offices, there were none at all on the South-western frontier, from Chippewa, by Fort Erie, to the mouth of the Grand River. The three thousand settlers in Dumfries and Waterloo had

to travel from sixteen to forty miles before they reached a post-office. Postmasters received nothing for distributing newspapers, and were accordingly careless about their delivery. Other modes of distribution were occasionally resorted to by publishers to avoid the heavy postal tax. Mr. Mackenzie, at one time, thought of publishing the Legislative debates in a quarto sheet, without comment; but he must have left his own impulsive temperament out of the account if he fancied he could become a silent recorder of other men's opinions.

Since 1821, Francis Collins had furnished the principal reports of the Legislative debates; but it is in evidence that, up to 1827, the operation of publishing them had never been remunerative. Mr. Mackenzie's political enemies and rivals in the press, maliciously circulated the story, that he had removed to York under a promise from a majority of the members of the new House, that he should be guaranteed the printing of the bills and the laws; to which he replied that he would feel much more obliged if they would speedily improve an important department of internal economy of the Province-the post-office-than if they gave him all the jobs in their gift for a century to come. The new House paid a reporter £100 for reporting during the session; the reports to be delivered to the papers for publication, unless the Committee on Printing should exercise the arbitrary discretion of refusing to allow any particular report to be printed. While these reports were permitted to be published in The Observer, they refused to allow them to appear in The Advocate. After this, Mr. Rolph and Mr.