Title

Chapter 10

Identifier

http://www.nflibrary.ca/nfplindex/show.asp?b=1&ref=oo&id=298142

page

230-257

Bibliographic Citation

A veteran of 1812 : the life of James FitzGibbon / by Mary Agnes FitzGibbon.

10168803

A veteran of 1812 : the life of James FitzGibbon / by Mary Agnes FitzGibbon.

Type

Text

extracted text

230

PUBLIC RECOGNITION.

A VETERAN OF 1812.

In 1847 Sir Francis Head's policy in Upper Canada
was attacked in the Edinburgh Review, the writer,
in an article of some length, blaming him for disregarding FitzGibbon's advice.
Sir Francis' reply contained the following statement, the gross falsehood of which FitzGibbon was
fortunately able to prove :

231

C IIAPTER X.

" It is therefore necessary that I should disabuse
the public by reluctantly stating, what was perfectly
well known throughout Upper Canada, namely, that
the gallant militia colonel in question, from excessive
zeal and loyalty, gradually became so excited that on
the day after the defeat of the rebels, it was necessary to place him under medical treatment ; that
during his illness I in vain endeavored by every
possible act of personal kindness to remove from him
the strange idea that I was his enemy ; and that,
although he eventually recovered, this idea continued
to haunt him so incessantly that when, a year afterwards, on his visiting England, I was, from feelings
of regard, about to call upon him, I was earnestly
requested by a Canadian, now in Toronto, not to '
do so." (Letter from Sir Francis Bond Head in the
London Sun.)
,

HE year 1837 closed in gloom and sorrow for
FitzGibbon, but the beginning of the new year
had brighter days in store for him.
The people saw with regret the way in which he
had been set aside by Sir Francis. The loyal among
them knew that to him they owed their escape from
the rebel designs on the city, and were anxious to
show their gratitude in some tangible form.
On January 23rd, 1838, the matter was brought
up in the House of Assembly, and the following resolutions passed unanimously :
" Resolved,—That James FitzGibbon, Esquire, having rendered signal services to this province in a
military capacity on various occasions, when he was
a regular officer of the regular forces of the empire
during the late war with the United States of
America, and subsequently in several civil capacities,
and also very recently as Colonel of Militia on the
breaking out of the rebellion in the Home District, it
is a duty incumbent on this House to recognize, by
some public expression, his brave and faithful conduct, and to use such means as may be in its power
to procure to be granted to him by his sovereign
some lasting token of the royal bounty, as an

232

A. VETERAN OF 1812.

acknowledgment of the estimation in which these
services are held by the people whom it represents.
" Resolved,—That this House do humbly address
Her Majesty, praying Her Majesty will be graciously
pleased to grant to the said James FitzGibbon five
thousand acres of the waste lands of the Crown in
this province, as a mark of \Her Majesty's royal
favor, for the honorable, efficient and faithful senfices
of that gentleman during a period of twenty-six
years."
Upon these resolutions, an address to the Queen
was passed by the House, and sent to the Legislative
Council, which House also passed it with only one
dissenting vote.
With what feelings of gratitude did the soldier
receive this spontaneous act on the part of the Legislature 1 He had asked no reward for his services,
had expected none, had endured his anxieties and
trials as well as he could, and, although he had felt
Sir Francis Head's treatment of him keenly and
resented it indignantly, he had no expectation of
relief from his troubles reaching him in so gratifying
a manner. Whatever the Lieut.-Governor thought
' of him, the people were grateful. He forgot all the,
clouds, turned his back on all his troubles ; his
sanguine nature anticipated the sunshine ; he saw his
debts paid, his children provided for, and himself an
honored and valued citizen of the place he had done
his best to save from fire and sword.
The address was forwarded to the Secretary of

ADDRESS

TO THE QUEEN.

233

State for the Colonies, accompanied by a letter from
the Lieut.-Governor, the following copy of which he
ordered to be sent to FitzGibbon :
" UPPER CANADA, TORONTO,

" March 8th, 1838.
" MY LORD,-I have the honor to transmit to your
Lordship a joint address to the Queen from the
Legislative Council and House of Assembly of Upper
Canada, praying that Her Majesty would be graciously pleased to grant to James FitzGibbon,
Esquire, five thousand acres of the waste lands of
the Province, as a mark of Her Majesty's royal favor
for the honorable, efficient and able services of that
gentleman during a period of twenty-six years. .„
" I beg leave respectfully, but most earnestly, to
join in this recommendation, and I can assure your
Lordship that a braver, a more loyal and devoted
servant than Colone FitzGibbon cannot exist in Her
Majesty's dominions.
"In time of war as well as in peace, he has admirably performed his duties, and I am confident that
the boon which is solicited in his favor by the
Legislature of this province, would be most gratefully
acknowledged by Her Majesty's loyal subjects in
Upper Canada.
" I have the honor to be, etc., etc.,
"(Signed) FRANCIS BOND HEAD.
" To the LORD GLENELG, etc., etc."
It is difficult to describe the effect of such a
complete contradiction of his former behavior. The
over-strained laudation of services he had pre15

234

SIR FRANCIS HEAD'S RESIONATION.

A VETERAN OF 1812.

viously ignored or denied, disgusted the honesthearted soldier.
Sir Francis was now as civil as he had before been
uncivil. He professed himself ready and anxious to
do anything and everything in his power to further
the wishes of the Assembly, to ensure the address to
the Queen being received with favor by the Colonial
Office ; assured FitzGibbon he had always valued 'his
services and abilities and had " noticed him in his despatch." He bade him go to the Surveyor-General's
office and pencil his name on five thousand acres of
any vacant land he desired, " provided he did not ask
for town lots."
These attentions, paid after the two Houses had
passed the address, are probably the foundations for
Sir Francis' assertion in his letter in the Sun. A man
of FitzGibbon's character was not likely to receive
such false blandishments with much cordiality.
On March 12th, FitzGibbon was appointed Judge
Advocate on the militia general court-martial for the
trial of alien invaders, or such persons as should be
brought before it charged with levying war against
Her Majesty in the Province.
The court met at the Garrison in Toronto on the
13th March. FitzGibbon ably discharged the duties
of his post. At this court-martial General Sutherland,
the American officer who had been actively engaged
with the rebels on Navy Island, was arraigned. In a
volume published by him later, he gives a full account
.

.

235

of his own trial from his point of view Among the
documents quoted is a letter from FitzGibbon in his
capacity of Judge Advocate. Sutherland took exception to his acting as such, but as he did likewise to
the appointment of the majority of the commission,
it may be taken for what it was worth.
At the end of March the Home Government accepted Sir Francis Head's resignation, and the evening before his departure he invited FitzGibbon to
dine with him.
Reluctant as he was to accept the invitation, FitzGibbon did so. The Lieut.-Governor's evident desire
to conciliate him and his own naturally forgiving
disposition made it seem the right thing to do.
The only other person present was the Lieut.Governor's private secretary. Again Sir Francis
reiterated his wish to see the boon asked for in the
address granted, and he parted with FitzGibbon
promising to use his best efforts on his behalf upon
his return to England.
In May, when his despatch of December 19th,
1837, was published in Toronto, the " mention made
of FitzGibbon " in it was greeted by an indignant
protest from the citizens.
A public meeting was called and resolutions passed
by a crowded gathering, embodying their strong
sense of the injustice done FitzGibbon by the Lieut.Governor.
Alderman Powell was called to the chair, and in spite

236

A VETERAN OF 1812.

of the effort of an enthusiastic gentleman by the name
of McMillan, who wished the chairman to divide the
honors of December 7th with the colonel, further
resolutions were carried, to apply to the Provincial
Government for a grant of one acre, of land within
the city limits, and that steps should be taken to
place subscription lists in the banks and other houses
of public business in order to raise funds to defray
the cost of building a suitable house for the man to
whose exertions and forethought the citizens owed
the preservation of their homes.
There are very few files of the daily papers of this
date now extant in our libraries, what there are
being but odd numbers scattered over several years,
the fullest being those of the Reform organs. From
the wholesale abuse and ridicule levelled at FitzGibbon, whole columns of these rebel papers being
devoted to him, the widespread admiration and
enthusiasm felt for him by the loyal may be more
truly realized than from the partial praise of friends.
The assent to the address from the Legislature
had not been received, and the more cautious of
FitzGibbon's admirers and friends feared a second
and more local petition would neutralize the first
(from those authorized to speak for the Province at
large), for which reason it was considered advisable
to drop it.
In June, the answer was received, and the following letter was sent to FitzGibbon :

A DISAPPOINTING MESSAGE.

237

" GOVERNMENT HOUSE,
" TORONTO June 23rd,

1838.
" SIR,-I am directed by the Lieut.-Governor, as it
is a matter in which you are particularly interested,
to inform you that he has received a despatch from
the Right Honorable the Secretary of State, acknowledging the receipt of the joint address to the Queen
from the Legislative Council and Assembly of this
Province, praying that a grant may be made to you
of five thousand acres of the waste lands of the
Crown, and stating that on its being laid at the foot
of the throne, Her Majesty had been pleased to express her gratification at the honorable testimony
borne to your services by both branches of the Provincial Legislature.
" His Lordship adds, that if it should be the pleasure
of the two Houses to mark their sense of your services by a pecuniary grant, it will afford Her Majesty
much satisfaction to give her assent to any Act which
may be passed for that purpose ; but Her Majesty is
advised that, consistently with the terms of the recent
Provincial Act on the subject of the alienation of the
waste lands of the Crown, and the principles on which
that Act proceeds, Her Majesty could not make you
the proposed compensation in the form of a grant of
land.
" I have the honor to be, Sir,
"Your most obedient, humble servant,
" JOHN MACAULAY.
" COLONEL FITZGIBBON, etc., etc."
Thus the Act passed to put an end to the promiscuous granting of lands—an Act forced through the
Houses by the clamors of the Reformers—defeated
the unanimous vote of the same Legislature to reward

r
238 A VETERAN OF 1812.

the man who had been instrumental in putting down
the rebellion raised by the principal Men among these
Reformers.
The joke was a grim one, but it did not lessen the
severity of FitzGibbon's disappointment. His hopes
had been so buoyed up by anticipations of release
from debt and dreams of better days, that the reaction
was great. But his friends had not given up his
cause. A bill authorizing the House to legalize the
grant passed both Houses. This, it was hoped, would
receive the ready assent of the Governor-in-Council.
They were again disappointed, the bill being reserved
for the consideration of the Crown.
Fearful lest it should meet with the same fate as
the address, FitzGibbon was advised to cross the Atlantic, and by bringing the influence of such friends
as he had in London to bear upon the Government,
ensure it being granted. It was, however, useless.
The Home Government had had their eyes opened
to the abuse of privileges by former officials in Upper
Canada, and they were determined that no more
Crown lands should be granted to individuals for
public services.
FitzGibbon had two interviews with Mr. Labouchere,
the Under Secretary of State, but without any satisfactory result. Reluctant to give up all hope of
obtaining the consent of the Crown, he lingered on
in London. I have been unable to ascertain where
or in what part of the great metropolis he lodged
during the six months he remained there._ The only

A VISIT TO ENGLAND.

239

mention of his private life in the letters of that date
extant is an incidental assertion that he " was very
hard up, and lived in quiet, cheap lodgings, as inex%
pensively as possible."
The letter given below belongs to this time. His
intercourse with the Brock family had never been
broken off The kindly services he had been glad
to render them in return for their brother's kindness
to him, were again returned with kindly interest by
the friendship and affection of Sir Isaac's brothers
and nephews. Savery Brock, in particular, remained
a loving friend until death parted them. Among
the correspondence of FitzGibbon's later years are
one or two letters, written in the shaking, uncertain hand of extreme old age, their expressions of
love and friendship as strong and true as in their
palmiest days. Nor did the feelings find expression
only in words. Savery Brock lent his friend money
without interest until better days dawned, and FitzGibbon was able to pay it back in full. Whether
the visit to Guernsey, mentioned in this letter, was
paid or not, we have no record :
" GUERNSEY, July 1st, 1839.
have received your
letter of the 26th ult. The packets, Government
steamers, leave Weymouth every Wednesday and
Saturday evening (nine o'clock) for this island, and
are about seven hours running over. Every Tuesday
and Friday evening at seven o'clock, from South" My DEAR FITZGIBBON,-I

240

241

A VETERAN OF 1812.

SIR AUGUSTUS D'ESTE.

ampton, starts a very fine steamer, the Atlanta, that
makes her passage in ten or eleven hours.
" On Monday, Wednesday, Thursday and Saturday,
a steamer quits Southampton at seven o'clock, and
comes over in twelve hours—all good boats. The
railroad to Southampton trains quit London every
day about noon, and reach Southampton in time for
the steamboats. With these accounts, you cannot be
at a loss to come over here, and you may be assured
of a hearty welcome by me. I have a bed for you,
and nothing can give me more pleagure than seeing
you.
" Let me hear from you on receipt of this. , I am
anxious to learn that you have got over your difficulties. I suggest nothing. You know how parties
run, and the Ministers will not be sorry to be
informed on many points by you. They will, I
think, grant you the land in question. I know they
ought to do so, for without a few such men as you
are, they would have no land to grant.
" I send this to the Colonial Office to hunt you out,
as you have not given me your address or the address
of Mr. Price.
" Yours faithfully,

a letter of introduction given him years before by
an officer of the Guards (Sir John Eustace), who had
served with him on the Niagara frontier in 1814.
The letter, which was a sealed one, had been entirely
forgotten, and only the overturning of other papers
in the morning had brought it thus opportunely to
light. Although FitzGibbon had little hope of this
letter being of any use to him, he determined to
deliver it at once. The address took him to a distant part of the city, 35 Upper Berkeley Street,
Portman Square. Sir Augustus d'Este was not at
home. FitzGibbon left the letter and his card,
then, having nothing to do, went for a long walk
across the park into the country to the west of
London.
Returning to his lodgings some time after four, he
was surprised to find his call had been returned at
two o'clock. Sir Augustus d'Este, not finding him
in, had left a note expressing his disappointment,
and a hope that he should be more fortunate the
following day at the same hour, when he meant to do
himself the pleasure of calling again.
From the first hour of their meeting until his
death, Sir Augustus d'Este was one of FitzGibbon's
best and most valued friends. He helped him with
interest, with valuable introductions, and, above all,
with a devoted love and admiration that found
expression in long lover-like letters and many a
kindly service. The dress sword worn by FitzGibbon
in later years, and shown in the portrait which forms

" JOHN SAVERY BROCK.
"COLONEL FITZGIBBON.

" Should you come here direct from London, I
advise you to come by Southampton if from Ireland,
by Bristol, then by Weymouth ; but I know you,will
come and see me."
Returning to his lodgings after the second fruitless visit to the Colonial Office, FitzGibbon had
almost given way to despair, when his eye fell upon

242

A

VETERAN' OF 1812.

RETURN TO TORONTO.

the frontispiece to this volume, was given him later
by Sir Augustus, with the loving words that he hoped
its having been worn by himself would not lessen its
value in the eyes of his friend.
The scabbard is crimson velvet, with the armor of
various dates in gold raised in relief upon it ; the hilt
a gold-winged dragon ; the handle ivory, capped by a
helmet of gold ; the blade, which is a scimitar in
shape, is a beautiful specimen of enamelled steel in
blue and gold, the designs representing-different coats
of arms and mottoes. The belt is of crimson legther
embroidered with gold thread, and linked together
by lions' beads—the buckle an interlaced dragon's
head of the same metal. The velvet of the scabbard
is frayed at the edges, proving that it was no mere
ornament, but had been worn by its noble donor.*
* Sir Augustus d'Este was the son of H.R.H. Prince Frederick
Augustus (Duke of Sussex), the sixth son of George III., and the
Lady Augusta Murray, second daughter of the Earl of Dunmore.
They were privately married in Rome, on April 4th, 1793, and,
lest there should be any doubt raised of its legality, though not
from any apprehension of the first ceremony being insufficient,
they were again married by banns, in the Parish Church of St.
George's, Hanover Square, London, on December 6th, 1793. Yet
a decree afterwards passed the Court of Doctors' Commons declaring the marriage unlawful and void. This decree separated the
husband and wife.
Prince Frederick Augustus, in his will, dated " Berlin, September 15th, 1799," expressly declares that " I feel myself still not
less bound by every obligation of law, conscience and honor, to
consider her as my lawful and undoubted wife in every respect,
as if that decree had never taken place, and that I consider, and

243

FitzGibbon remained in England until nearly the
close of the year, when he returned to Toronto.
Soon after the meeting of the last session of the
last Parliament of Upper Canada, in January, 1840,
an address was voted by one.of the Assemblies praying that His Excellency the Governor-General, the
Right Honorable Charles Poulett Thomson, would
" be pleased to inform the House if the royal assent
had been given to the bill passed last session, entitled
`An Act to enable Her Majesty to make a grant of land
to James FitzGibbon, Esquire."' (See Appendix IX.)
The reply to this address was practically the same as
to the former, and though further discussion of the
matter resulted in an Act being passed by both Houses
to repeal the Act providing for the disposal of public
lands of the Province so far as to enable Her Majesty
to consent to the grant to FitzGibbon, it also was
ever shall acknowledge, our son, Augustus Frederick, who was
born after both these marriages, as my true, lawful and legitimate
son."
In 1830, papers fell into his son's hands which convinced him
beyond a doubt of the legality of his claims. He was, however,
unsuccessful in establishing them, and refused to accept any other
title from the Crown than the simple one of knighthood. He 'died
unmarried. His sister, Lady Augusta, married Chief Justice
Wilde, but left no children.
Sir Augustus gave FitzGibbon a complete copy of all the documents and papers connected with his case.
The marriage was doubtless annulled on the ground of absence
of license from the Crown, that, according to the law of Great
Britain, being necessary.

-

244

c-

245

A VETERAN OF 1812.

DISCUSSION IN THE HOUSE.

reserved for Her Majesty's consideration and received
no further attention.
The following extract from the debate in the House
on January 25th, taken from the columns of one of
the most bitterly antagonistic Radical papers, the
Toronto Mirror, shows with what feeling the question was discussed. The editorial column of the
same issue, containing some virulent abuse of 'FitzGibbon, leads one to suppose that the report of the
proceedings in the House would not be more partial
to his cause than the necessity of the case obliged.

be taken from the pockets of the people to reward
him.*
" Mr. Thomson said the financial affairs were in a
very embarrassed state, but at the rate they were
going on, it would not appear so. He called upon
the Chairman of Finance to inform the House if
their affairs were in a flourishing state. He would
recommend to members to pay their honest debts.
Sums were advanced by people for the repair of roads
and bridges, and they were allowed to suffer.
"Mr. Rearms reminded them of the poor man who
asked a bishop for a guinea, which was refused ; he
then asked him for a crown, which was likewise refused ; and last of all, he asked for a penny. That
was also refused. He then asked the humane bishop
for his blessing. ' Yes,' said the bishop, ' kneel down,
and I will give it.' Because the blessing cost him
nothing, he was willing to give it, but he would not
give the money. The £2,500 proposed would be given
to the colonel on account of his great and meritorious
services, and his attention and anxiety when preserving the city and the lives and property of the people
of the Province. There was not a dissenting voice
against the 5,000 acres of land voted to him, and the
despatch said he could not get it ; and now they were
going to remunerate him in money. Would they
raise a man high in his expectations, and then depress
him ? Would it be honorable to do so ? He saved
us from ruin, and £2,500 was very little for his services to the city of Toronto.
" Mr. Merritt said that at the time the disturbance

,

" Mr. Burwell brought forward a resolution praying
Her Majesty to grant from the casual and territorial
revenue to James FitzGibbon, Esquire, £2,500 for
i mportant services rendered to this province by that
gentleman.
"Mr. Boulton opposed the resolution. He respected
Colonel FitzGibbon, but considering the present state
of the country and the embarrassed state of our
finances, he thought £1,000 quite sufficient to compensate him for any services rendered. A bill passed
this House granting him five thousand acres, which,
at four shillings an acre, the price paid by Government for United Empire rights, would amount to
£1,000.
"Mr. Burwell believed, under Divine Providence, the
safety of the country was owing to the gallant colonel,
But for him the city would have been taken. The
sum proposed was only equivalent to the land.
"Mr. Gowan wished to know how the gallant colonel
had saved the country, before so large a sum should

* Mr. Gowan had evidently not forgotten FitzGibbon's address to
the Orangemen, nor his influence in preventing the processions and
demonstrations which he (Gowan) had made every effort to revive

246

A VETERAN OF 1812.

LORD SEATON'S LETTER.

took place here, the gallant colonel had preparations
made quietly, and but for that Mackenzie would have
been in and taken the town.
"Mr. Gowan said. if he was to judge of the preparations by the event, he could not go with him. It
was all done by surprise. There were other individuals
who deserved reward as well as Colonel FitzGibbon
He thought £1,000 quite sufficient a reward for the
services performed. Several other persons distinguished themselves in 1837, and they were not to get
anything.
" The Speaker (Colonel Macnab) did not think it
was generous to make enquiries as to the services
rendered. A grant was made at a time when his services were fresh in the memory of every member.
They addressed the Government to give him 5,000
acres of land, and he was deeply grateful for the consideration which this House laid on him ; and what
did they do ? They made good their pledge by passing an Act of Parliament, and it passed unanimously
in both Houses. To that bill the Queen's assent was
withheld ; but they were told they could make good
their pledge by an appropriation from the casual and
territorial revenue. Have they got that sum in the
casual and territorial revenue ? You may grant it.
You pledged yourselves, and you cannot retrace your
steps without disgracing yourselves. It would be
unjust to hold up this hope, and then cut it off. They
might give the 5,000 acres, or give a sum of money.
In the last American war he served his country faithfully. In the late rebellion he commanded the militia
and he (the Speaker) served under him, and he was
active and zealous.
" Mr. Rykert said the House was pledged, and he
would support the resolution,

" Mr. Gowan had no objection to the £1,000, as the
House was pledged. He moved that £1,000 be granted
to Colonel FitzGibbon in order to compensate him
for his meritorious services.
"Mr. Cook thought he was deserving, but plenty of
land could be had at five shillings an acre.
"Mr. Kearnes moved the House to rise, report progress, and ask leave to sit again.
"Mr. Backus said the casual and territorial revenue
was not yet surrendered ; he hoped some communication would be laid before the House upon that
subject. He was for granting the land.
" Mr. Thomson said they should be careful how
they granted money out of the ordinary revenue of
the Province.
" Mr. Merritt said it was nonsense to argue about
the price of U. E. rights. Some land was worth two
dollars an acre.
" Mr. Rykert said they should not retract their
vote ; they should give a sum equivalent to the land.
" Committee rose, reported progress, etc., etc."

247

This debate called forth a further storm of rage
and indignation from the Reform press. Part of the
editorial columns of the paper from which the above
is taken contained, as has been stated, the most viruent abuse of the " gallant colonel."
Lord Seaton interested himself in FitzGibbon's
behalf, and wrote to Lord John Russell on the subject. In the following letter to FitzGibbon he enclosed the reply he had received :
" I acquainted Lord John Russell that I presumed
he had received a report of your conduct at the time

248 A VETERAN OF 1812.

REMOVAL TO KINGSTON.

of Mackenzie's menaced attack on Toronto ;. that you
had constantly exercised your influence over your
countrymen settled in Canada, with great advantage to the public, and that the local authorities had
made use of your influence in times of difficulty and
danger.
" I regret that my application has not produced a
more satisfactory result, but I shall have great pleasure in being able to render you any assistance in my
power.
" I remain, very faithfully yoUrs,
" SEATON."
The letter enclosed was but a repetition of the
former refusal of the Colonial Secretary to allow the
alienation of public lands.
During Lord Sydenham's administration nothing
was done. The union of the two provinces absorbed
the attention of the Legislature and the Governor to
the exclusion of private questions, and though FitzGibbon in a private letter, thanking him for the offer
of an appointment for his son in Quebec, drew His
Excellency's attention to his case, he felt how small a
matter his embarrassinents were in comparison with
the larger interests of the Province, and made no
further effort to obtain redress.
FitzGibbon's eldest son had given up the business
post he held in Dublin, and returned to practise at
the bar in Toronto, bringing with him a cousin who
had recently been left an orphan. She became as a
daughter to her uncle, and to her tender care the

comfort of FitzGibbon's declining years was largely
due.
After the death of his wife, on March 22nd of'
this year (1841), FitzGibbon removed his family to
Kingston, that being the next stopping-place of the
perambulating Government of the day. He was
there appointed commissioner for administering the.
oath to members of the Legislature, June 5th, and
Clerk of the Legislative Council on June 10th.
The house on Queen Street was left in charge of
the gardener for a time. There were still five acres
about it free from mortgage or incumbrance, all that
remained of the eighteen acres purchased in 1826.
Knowing its value, FitzGibbon made every effort to
retain it. Although deeply in debt, he was willing
to pay high interest rather than lose this one bit of
landed property, and from appearances all he was
ever likely to hOld. The house was a good one as
houses were in those days ; the garden was well kept
and the fruit and flowers plentiful ; the lawn included
a bowling alley, which was a source of much pleasure
to his sons as well as to friends and neighbors.
Of FitzGibbon's life in Kingston we can glean very
little. Casual mention of his name in letters, references to him in the local papers, reminiscences of
pleasant chats and walks with him by the one or two
of his friends who survive him, and two indifferently
well executed portraits, are all that we have.
The portraits have unfortunately been cut down
16

-9

249

A VETERAN OF 1812.

SIR CHARLES BAGOT'S ADVOCACY.

and the name of the artist lost.* , We have only a
shadowy outline of the story of how they came to be
painted.. How or where he found the artist is uncertain ; but, knowing FitzGibbon's kindly interest in
the poor, who were struggling to earn a living, his
sympathy in the sufferings of his fellows, and his
quick observation of whatever crossa his path, as
well as the ever-present wish to do some, little good
to his neighbor, we can understand how An expression
of suffering or despair on an intelligent face would
attract his attention and induce him to follow and
learn whether a hand might not be stretched out
to help.
" I do not know who the artist was," writes his
daughter-in-law, years afterwards, " but I always
understood that the colonel found him in a garret
starving, that he fed him, visited him, and when
strong enough, found him work, beginning with his
own portraits, for which he paid seven pounds ten
each. I believe what the man was able to earn
through the colonel's influence provided him with
funds to take him to New York, where he afterwards
did better and commanded good prices for his por-

i mpression that they are coarse representations of the
original, the crudeness of the drawing giving the fad
an unnatural fulness, and both nose and upper lip a
greater length than the face of a photograph taken
twenty years later possesses.
A lithograph print taken from one of these portraits was published in the Anglo-American Magazine for September, 1854. The smaller size robs it
of some of the defects of the painting. FitzGibbon
found no fault with it. In a letter to his nephew,
Gerald FitzGibbon, dated January, 1855, he says :

250

traits."
The portraits of FitzGibbon are more than life-size,
which gives the likeness a startling effect and the
* From the occurrence of the name Krcebel in the public accounts
of the Legislature in 1842 to 1845, it is not unlikely that he was
the artist of FitzGibbon's portrait,

251

" I have just received a Canadian magazine from
Toronto, to which is prefixed a print of my rough old
face, to my great surprise ; and having in it, also, a
brief biographical sketch of my military life, but not
a word of my having saved Toronto, which, however,
may be reserved for a future number. . . . I
thought I had been entirely forgotten by the provincials, but it is not quite so."
Sir Charles Bagot, Lord Sydenham's successor, took
up FitzGibbon's cause with interest. He read the
facts from an outsider's point df view, and lost no
time in drawing the attention of the House to a case
in which he " considered the colonel an extremely
ill-used man." As a result, an Order-in-Council was
made, recommending an issue of land scrip to FitzGibbon to the amount of the Government price of
the land, which he might have procured had the bill
granting the land received the royal assent.
Unfortunately, the value of the land scrip at the

VETERAN OF 1812.

SIR CHARLES METCALFE.

time this Order-in-Council was made was about half
what the land was worth. By accepting this way.
out of the difficulty, and being obliged to sell at once,.
the Government would have had to disburse two
thousand pounds in order that FitzGibbon might
receive one thousand, the purchaser or speculator
pocketing the difference. The upset price of the land
having been fixed by the Government at ten shillings
an acre, it would be obliged to redeem the scrip at
that price, irrespective of the sum received for it by
FitzGibbon. To this FitzGibbon objected, both for
his own sake and because it gave an opportunity for
that which savored of jobbery.
The session closed, however, without the message
being sent down to the House. A few days after,
FitzGibbon met Sir Charles Bagot in his official
capacity. The Governor took the opportunity to
express his regret that he had not been able to
bring the matter to a satisfactory termination for
FitzGibbon ; he " wished to send the message down
but had been overruled."
Sir Augustus d'Este, about this time, drew up a
short, concise, but clear statement of all that had
occurred in connection with the business, and had
taken an opportunity of reading it himself to Lord
Stanley, then Secretary for the Colonies. He writes
(in March):
" MY DEAR FITZGIBBON, On the 28th, the last
day of last month, I was in the chair upon the occa-

sion of a dinner which was given to Sir Charles
Metcalfe, previous to his departure, by the Colonial
Society. After dinner, I requested the favor of being
allowed to call upon him, which request was readily
granted, and 'yesterday, March 1st, I read over to him
almost the whole of the accompanying statement,
which had been prepared for and presented to Lord
Stanley. I also furnished him with a copy of it,
which he promised to read over during the voyage.
" When you have read the statement, you will be
aware of the exact extent of Sir Charles Metcalfe's
knowledge concerning your services and their contemplated acknowledgment by the two Governments.
Hoping that you will approve both of the statement
and of the measure of my reading it over to your
new Governor-General, I shall for the present conclude, renewing the assurance of the sincere regard of,
" My dear FitzGibbon,
" Yours most truly,
" AUGUSTUS D'ESTE."

252

A

—

253

When speaking of his friend elsewhere, FitzGibbon says : " To him also I was indebted for a
special introduction to Sir Charles Metcalfe, whose
conduct towards me during the short remainder of
his most valuable and exemplary life was extraordinary even for that extraordinary man."
The new Governor did, indeed, take a deep interesi
in the soldier and his difficulties. When he found
the Government would neither pay over the sum
granted to FitzGibbon, nor advance any portion of it
to enable him to meet the most pressing of his debts,
he insisted upon advancing sufficient out of his own

IF
r

,

A VETERAN OF 1812.

RETIREMENT FROM PUBLIC OFFICE.

pocket, generously doubling the amount named by
FitzGibbon.
Lord Metcalfe sent FitzGibbon's memorial to the
Council, but it went no further, and another session
passed without any settlement. The resignation of a
number of the Executive Council necessitated the
prorogation of the House, and yet another session
passed without any settlement being reached. Lord
Metcalfe, however, obtained a report from the Council, which he forwarded, with a favorable recommendation, to the Colonial Office. (See Appendix X.)
When the new Parliament assembled in January,
1845, the matter was again brought to their notice,
and in March, when the estimates were laid on the
table, the sum of £1,000 was inserted, and recommended in payment of the long outstanding reward
for his services, so enthusiastically voted him by the
unanimous voice of the Assembly in 1838. The
protracted anxiety and uncertainty, alternate hope
and despair, so affected FitzGibbon's health, that
when the seat of Government was removed to Montreal, he applied for leave of absence and remained in
Kingston.
Finding the state of his health still unfitted him
for a faithful discharge of his duti e s, FitzGibbon
tendered his resignation in May, 1846. It was not
accepted at once ; a Committee of the House addressed
the Governor-General to allow FitzGibbon to retire
on a pension of three hundred pounds (Canadian
currency) a year. This was at first refused, but upon

a second and third address being presented, stating
that in consequence of inability of the clerk to perform his duties, he having produced medical certificates
to that effect, the office was in danger of becoming
a sinecure, and the work of the House not being done
satisfactorily by a substitute, the petition was granted
and FitzGibbon allowed to retire. Thus in June,
1846, ended twenty years' service in the Canadian
Houses of Parliament, and forty-six years of active
life in the country.

254

255

(Copy of Dr. Widmer's Certificate.)

" TORONTO, April

3rd, 1845.
" It is now thirty years since I became acquainted
with Captain FitzGibbon, then in the Glengarry Light
Infantry. The war with America had then just
concluded, and the whole community of Upper Canada, civil and military, was full of applause in regard
to the conduct of Captain FitzGibbon, during the
course of the preceding campaigns.
" It was justly pronounced that his services had
been of the highest order, and contributed to stamp
his corps with the character of vigor, vigilance and
valor.
" During a long series of years of peace, the same
qualities which rendered him conspicuous as a military
man, were productive of an effective and highly
honorable discharge of the duties of the offices he
held in civil life.
" And thus would the useful and faithful course of
Captain FitzGibbon's career have terminated in civil
engagements, but for the occurrence of the unnatural
attempt of the rebels to sever the country from British

256

A VETERAN OP 1812.

TAILING FIE A LTIi.

connection, in 1837. At this crisis the foresight and
energy of Captain FitzGibbon saved the city of
Toronto from destruction, and were the means of
shortening a struggle that might otherwise have been
protracted. For these services alone, the gratitude
of the Government is eminently due to Captain FitzGibbon. His expectations of a release from pecuniary
embarrassments have been raised by a vote of the
Legislature for a grant of land grounded on the high
value at which it estimated his services during the
rebellion. These expectations having failed in their
accomplishment, to my knowledge, has had a powerful effect in destroying the healthy tone of his mind,
and has rendered him incapable of performing the
active duties of his office, and almost unfitted him for
the social intercourse of his friends and acquaintances.
" (Signed) C. WIDMER."

which have been honorably passed in the public service ; and advancing age has brought with it an
increase of physical infirmities, some of them indeed
of long standing, which greatly add to the causes of
incapacity above mentioned.
" On the whole, then, it is my deliberate opinion,
founded on facts which have come to my knowledge
from so many years' personal friendship and intimacy
with Colonel FitzGibbon, that he is, from causes quite
beyond his control or power of avoidance, physically
and mentally incapable of further public duty, and
that his perseverance in the attempt to perform the
arduous duties of his present official station, will
greatly aggravate the constitutional maladies under which he now suffers.
" Given under my name, at Montreal, this fifth day
of May, 1845.
"(Signed) WILLIAM WINDER, M.D.

257

(Dr. Winder's Certificate.)

" These are to certify that my knowledge of Colonel
James FitzGibbon, Chief Clerk of the Honorable the
Legislative Council, extends over a period of thirtythree years. Gifted with a constitution naturally
good, and of abstemious habits, he has nevertheless
a temperament highly sanguine and nervous, and this
acted upon, primarily, by an active life spent in the
military and civil service of his country, and secondarily, by disappointments and distresses of no ordinary
character, has produced such a state of mental irritation, prostration and despondency, anvil loss of memory,
as at times to render him quite incapable of the
efficient discharge of the duties of his very important
office. In addition to the foregoing circumstances, I
would observe that Colonel FitzGibbon has nearly
attained the age of sixty-five years, forty-seven of

Thus had the repeated disappointments, hopes deferred, and accumulation of debts and difficulties
brought about the very disability to perform his
duties in 1845 which Sir Francis Bond Head had
falsely asserted of FitzGibbon in 1837.