Title

Chapter 9

Identifier

http://www.nflibrary.ca/nfplindex/show.asp?b=1&ref=oo&id=298139

page

184-229

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

184

PIONEERS OF REFORM.

A VETERAN OF 1812.

'CHAPTER IX.
HE year 1837 was an eventful one, not Only in
the history of Upper Canada, but in the life
and fortune of our hero.
" It was at once," he writes, in a letter to Sir
Augustus d'Este in 1844, " the most successful as well
as the most disastrous of my life. What occurred
then enabled me to accomplish something towards the
saving of the city of Toronto and the overthrow of
the rebels—having no thought of reward, other than
the saving of bloodshed—and the spontaneous and
unanimous vote of my fellow-citizens to reward me
for what I had done, roused such hopes of freedom
from my pecuniary difficulties that their defeat wellnigh imperilled my reason."
It is difficult for the present generation, brought
up under a regime of self-government, to understand
the system of colonial management as carried on
from Downing Street.
To men who had, in the end of the previous century, given up home, friends and property for the
sake of loyalty to the Crown, the defence and maintenance of rights asserted on behalf of their sovereign
was the highest of political duties, and they had
brought up their children in that faith. In many it
fell little short of the loyalty of the Cavaliers to the

185

Stuarts. Self-government by the people was Roundhead, Puritan, Yankee—things they had fought
against and fled from.
They sought for property, and influence at the
hands of the monarch and his ministers, as a reward
for their sufferings in his cause and the defence of
his American dominions, just as the Cavaliers sought
redress of their wrongs and reinstalment in their old
rights by Charles II.
To these Loyalists came active British Radicals, such
as Gourlay and Mackenzie, while reform was working
its way through the times of difficulty and distress
which followed the close of the great war, bringing
Catholic emancipation, municipal and parliamentary
reform in England, and revolution in France.
Many others followed Mackenzie and Gourlay to
Canada filled with the same ideas and proud of their
success in the old country.
They could boast of no services for the Crown such
as those of the U. E. Loyalists. Their sufferings and
aspirations had all been for popular rights.
The necessity of opening up and cultivating the
wild lands throughout the country, and the encouragement offered to emigrants, had brought many settlers
from the United States, whose notions of government had been formed in the Republic.
An alliance between these two bodies against the
Loyalists and their leaders in the Family Compact
was as inevitable as was the strife which grew up
between these opposite forces. Downing Street rule
,

12

186

A VETERAN OF 1812.

AN OBSTINATE GOVERNOR.

was, for the most part, in conformity with the views
and wishes of the U. E. Loyalists in Upper Canada
and with the great body of the English-speaking
minority in the Lower Province.
Unfortunately Sir Francis Bond Head was not
capable of coping with these rival constituents. He
was not a military man of any standing or experience,
and recognized none of the signs of rebellion patent
to those who were, or who were more in touch with
the inevitable advance of reform ; and when the rebellion, in the imminence of which that " paragon of
eccentricity and blundering" (vide Bryce) so repeatedly asserted his _disbelief, actually broke out, he only
added inaccurate statements and boastful accounts of
his own over-weening confidence and prowess to the
blunders already committed.
FitzGibbon wrote several accounts of the outbreak
of the rebellion in Upper Canada, and of Mackenzie's
intended (attempted) attack on Toronto in December,
1837. " An Appeal to the People of Upper Canada,"
published in 1847, is perhaps the most exhaustive as
regards his own share in the defence of the city. The
" Appeal " was written after successive events had
robbed him of the reward voted to him by the
unanimous voice of the House of Assembly, and the
publication of Sir 1'rancis Head's garbled account
in his despatches to the Colonial Office had thrown
discredit upon his services and bade fair to " make
the colony over which he (Sir Francis) held so brief
a rule, little more than a nation of liars,"

Stung to the quick by Sir Francis Head's assertions, his entire silence on some points, half-truths on
others ; impetuous, harassed by the difficulties which
his pecuniary circumstances rendered unavoidable,
sick at heart from hopes long deferred, and embittered
by disappointment, FitzGibbon rushed into print
before time had enabled him either to look at the
facts calmly and state them with such diplomatic
tact as might ensure success, or to learn with what
credence the Lieut.-Governor's account would be received.
Had FitzGibbon allowed Sir Francis to fall into the
pit he was so persistently determined to dig for himself, and had taken no precautions against the danger
he knew was imminent ; had he merely shrugged his
shoulders and allowed the Lieut.-Governor to take
the responsibility of leaving the city unprepared, and,
when the principal buildings were in flames, and the
rebels armed with the muskets Sir Francis refused to
place at the service of the loyal defenders, had he
then stepped in, and at the cost of valuable lives and
property won a pitched battle, and driven out a
greater number of rebels, he would probably have
been knighted, or had other honors paid him.
To do this, however, was not FitzGibbon's nature.
He had seen too much of the sad scenes of war, knew
too much of its realities, was too generous and nobleminded to profit by another's folly, to run the risk of
such bloodshed and devastation. He saw on all sides

187

188

A VETERAN OF 1812.

REBELLION IN LOWER CANADA.

evidences of the imminence of an outbreak of rebellion against the authorities.
From the year 1815, when Sir. Francis Gore, by his
policy as Lieut.-Governor of Upper Canada, had sown
the seeds of future trouble, FitzGibbon had watched
the course of events with interest, and from 1824
with ever-increasing anxiety. He communicated this
anxiety to Sir John .Colborne in 1834, and was requested by him to carry out one of the suggestions
he offered, as a precautionary measure—the formation
of a corps of young men in Toronto, ostensibly for
the purpose of instruction in 'drill, that they might
be better fitted for commissions in the militia when
required. The corps was limited to seventy, that
being the number of rifles available from the military
stores. During the summer months of the three
successive years, FitzGibbon drilled these lads twice
a week, and in order to encourage them to equip themselves in, correct military style, went to the expense
of procuring rifle uniforms for himself and eldest
son. This might well be called the first military
school in Canada.
Perhaps the happiest hours of those years were
spent in this labor of love. He was a soldier before
everything. He loved the very rattle of accoutrements, and took a genuine pride in the improvement
and smartness of his company. He valued drill not
only as a means of making a man upright in his
carriage, prompt and vigorous in his movements, but
as calculated to regulate his mind, strengthen his

character for uprightness, honesty, obedience and
straightforward simplicity, and draw out latent resource and talent. Add to this the confident expectation that his efforts would not be thrown away,
but in the hour of need the time spent in drilling
would bear fruit, and we may understand the pride
of the soldier in his " boys."
" It may not be irrelevant to observe in conclusion,"
writes one of the corps, the late Walter Mackenzie,
"that your previous instructions assuredly enabled
many members of the rifle corps to render efficient
service at the critical period in question (the outbreak). For myself, I may assert that my appointment to the command of one of the four principal
divisions organized in the Market Square of this place,
on Tuesday morning, the 5th of December, 1837, must
have arisen from my connection with that body, and
that my confidence in assuming the charge was
materially increased by finding myself under the
guidance of an officer of your ardent zeal and distinguished services." (Letter from the late Walter
Mackenzie to Colonel FitzGibbon.)
The tidings of the rising of the French-Canadians
in Lower Canada in 1837 added certainty to Fitz
Gibbon's forebodings, and induced him to redouble
his efforts to persuade his friends and fellow-citizens
to join him in preparing for the like contingency.
That the members of the Government at that date
were not only swayed by the opinions and will of the
Governor then in office, but were practically governed

189

10o

191

A VETERAN of 1812.

REPEATED WARNINGS.

by him, the light of the present day, thrown upon
the events of the past, shows plainly. Where, as in
1837, the Governor was a narrow-minded, self-opinionated and obstinate man, it mattered little of what
constituents his council was composed. Good and
true men as many were, they were either overruled
by the Governor's authority and determination, or
silenced by doubt, or fearful of incurring the responsibility of dissension or acting without his authority.
In such a man the rebels recognized their most useful
ally, and in his obstinate, contradictory nature and
his persistent disregard of the advice of the few who
saw the probable result of such culpable blindness,
able assistants.*

FitzGibbon's way to his office in the Parliament
buildings lay, as has been said, along the Bay shore
on the stretch of land below Front Street. Here he
frequently met Sir Francis Head on his way to walk
for exercise on the long wharf near the garrison.
These meetings led to long and animated conversations on many subjects, but chiefly upon the state of
the Province and political parties. The Governor's
opinions differed greatly from FitzGibbon's on many

*That FitzGibbon was not the only one who endeavored to warn
Sir Francis of the threatened danger and urge the need of precautions being taken, is shown by the following extract from a letter
written from Cobourg by the Rev. Egerton Ryerson to a friend in
Kingston : " You will recollect my mentioning that I pressed upon
Sir Francis Head the propriety and importance of making some
prudent provision for the defence of the city, in case any party
should be urged on in the madness of rebellion so far as to attack
it. He is much blamed here on account of his over-weening confidence, and foolish and culpable negligence in this respect."
Again, when telling his brother William of the efforts to induce
Sir George Arthur (Sir Francis' successor) to commute the sentence
of Lount and Matthews, two of the rebels condemned to death, he
repeats : " I also mentioned to the Governor that you and the Rev.
J. Stinson had waited on Sir Francis about four weeks previous to
the insurrection ; that you informed him of insurrectionary movements about Lloydtown and other places, which you had learned
from me ; that you had strongly urged Sir Francis to raise volunteers and put the city and other places in a state of defence ; that

you and I had waited' on the Attorney-General next day, and that
we had urged these things on him in a similar manner, but that
these statements and advice had been disregarded, if not disbelieved."
Again, after expressing his decided opinion that " punishments
for political offences can never be beneficial when they are inflicted
in opposition to public sentiment and sympathy," Dr. Ryerson
adds : " The fact is, however, that Sir Francis Head deserves impeachment just as much as Samuel Lount deserves execution.
Morally speaking, I cannot but regard Sir Francis as the more
guilty culprit of the two." (Extract from " The Story of my Life."
Ryerson.)
Again, after speaking of the evil effects of Sir F. B. Head's
arbitrary conduct upon the country, and the state of dissatisfaction
everywhere evident, William Ryerson says : " After all we know
but little of the calamities and miseries with which our once happy
land is now afflicted, and yet Sir Francis, the most guilty author of
this misery, escapes without punishment ; yes, with honor and
praise. How mysterious are the ways of Providence ; how dark, crooked and perverse the ways of men."
Colonel Foster, the Assistant Adjutant-General, also repeatedly
urged Sir Francis Head to retain a small regular force in the Upper
Province, and he also wrote to Sir John Colborne, representing the
mischief that was likely to be the result of the withdrawal of all
the military quartered in Upper Canada, particularly Toronto and
its vicinity.

192

A VETERAN OF 1812.

important points. Fearful that Sir Francis might
think he threw himself in his way, or finding the
arguments their conversation often ended in irksome,
FitzGibbon, upon seeing him approaching, would
sometimes turn aside in another direction, that he
might avoid meeting him. Sir Francis, however,
frequently called to him, or, if out of reach of his
voice, beckoned him with his stick to wait for him.
FitzGibbon has left no details of these morning
chats, only the general idea that he, too,' took the
opportunity of urging upon Sir Francis the great
need of making some preparation, or taking some
measures to ensure the safety of the city and the
prevention of loss of property ; and by being in
readiness to put down any rising, practically prevent
it. FitzGibbon, confident that his fears were not
groundless, saw it coming ; the Governor, deter, minedly shutting his eyes, refused to believe it either
probable or possible.
When Sir John Colborne asked Sir Francis Head
how many of the troops then in Upper Canada he
could spare for service in Lower Canada, he answered
" All."
When the last detachment, consisting of a subaltern and thirty men, were on their way from Penetanguishene through Toronto, FitzGibbon begged the
Lieut.-Governor to keep them in the city, " if only as
a nucleus for the militia to rally round."
This he also refused, saying, " No*, not a man. The
doing so would destroy the whole morale of my

ARMS AND AMMUNITION.

193

policy ; if the militia cannot defend the Province, the
sooner it is lost the better."
" Then, •?" exclaimed FitzGibbon, " let us be armed
and ready t I defend ourselves."
" No," replied Sir Francis, " I will do nothing. I
do not apprehend a rebellion in Upper Canada."
Six thousand stand of small arms with ammunition
had been sent a short time before to Toronto from
Kingston, and deposited by the Lieut. -Governor's
orders in the market buildings, under the keeping of
the civic authorities, the two constables being on
guard over them at night. FitzGibbDn considered
this protection, under the circumstances, insufficient.
He called upon and urged Sir Francis to allow him
to organize a guard from his rifle corps to prevent
any attempt on the part of the rebels to obtain
forcible possession.
This offer was also declined, the Lieut.-Governor
emphasizing his refusal by the assertion " that were
it not that he disliked to undo what he had already
done, he would have the arms brought to Government House and entrusted to the keeping of his own
domestic servants."
In despair of being able to induce Sir Francis to
realize the need of action, FitzGibbon desisted and
withdrew. Before reaching the passage he was recalled by His Excellency in person, and requested to
" make the offer in writing."
This FitzGibbon was very willing to do, the manner of the request leading him to hope that his offer

194 A VETERAN OF 181.

would then be accepted. His surprise, therefore,
may be understood, when the following day's issue of
the Toronto Patriot, the Tory organ, contained a
printed copy of the offer made to His Excellency.
Had Fitz Gibbon been self-seeking, or anxious only
for self-aggrandizement, he might have turned this
to his own advantage, but he saw only that Sir
Francis used the offer of a guard, for which he had
asked in writing, to publish to the Province that he
had no fear of rebellion, and to throw odium on the
man who urged preventive measures being taken.
Although such blindness seems incredible, Sir Francis
doubtless calculated to be able in the event of there
being no rising, to boast of how much more correctly'
he had estimated the political situation than the more
anxious of his advisers.
But this was not all. Sir Francis not only made
an ungentlemanly use of this offer, but, knowing how
unlikely it was that a copy of the Patriot would ever
reach the eyes of the officials at home, he entirely
ignored the offer in his despatches to the Colonial
Office.
Some little time previous to this, FitzGibbon had
been transferred from the command of the 4th Regiment of York Militia to that of the 1st Regiment of
the city of Toronto. In this regiment FitzGibbon
found many vacancies. True to his nature to do at
once work that lay close to his hand, and which he
considered from the circumstances required attention,
he made out a list of candidates for the vacant corn-

PERSONAL POPULARITY.

195

missions and submitted it to His Excellency. Believing it would ensure more speedy consideration being
paid to it, he carried the list to Sir Francis personally.
The Lieut.-Governor took the paper, read the list it
contained and handed 't back to FitzGibbon, declining
positively to do anyth until the following summer.
Exasperated by what thought extraordinary folly,
yet unable to act in this manner without authority,
Fitz Gibbon racked his excitable brain to devise means
by which to make some preparation, however small,
to meet and hold the rebels in check until,. when the
Governor's eyes were opened by finding them at his
door, proper and more effective measures would be
taken to defeat them.
It must be remembered that FitzGibbon's popularity, the devotion to him personally he had won
from many he had at various times befriended, sympathized with, or saved from getting into trouble or
sorrow ; the friendly word and kindly smile he had
always ready for the most insignificant, his intense
individuality, his ready interest in others and the
sort of hero worship his daring deeds and reputation
had won for him in the minds of the lads of the next
generation, put him in possession of means of information which he might act upon but could not betray.
He had also been the first provincial acting Grand
Master of the Freemasons in Upper Canada, and
though he had resigned that office in 1826, he was
still a prominent member of the fraternity. He had
lived in neighborly contact with his fellow-citizens

196

A VETERA1C OF 181.

for over twenty years. He had been valued and
honored by ,his -commanders and superior officers
through the war of 1812-14.
. He had known York in the days when it was little
more than a garrison, and, in consequence of the civil
appointments he had held in the intervening years,
had not only had the opportunity but the will to
know every additional member of the increasing
population.
Sir Francis, on the other hand, knew little or nothing of the colony he had been taken from comparativ
obscurity to govern—knew little in fact of men or
politics—had no tact, but was amply provided with
insular prejudice, without the knowledge which ennobles it or robs it of an obstinacy of which the only
designatory adjective is pig-headed. Nor, it may be
said, did Sir Francis know anything of FitzGibbon
beyond what a man of his limited penetration could
learn in the short period of his residence in the Province. The obstinate contradictoriness of his nature
resented being argued out of preconceived opinions by
a man of FitzGibbon's excitable temperament, and one
who made no secret of having risen from the ranks
of a line regiment.*
* The impression made by FitzGibbon's repeated assertion of
this fact has led to many blunders on the part of his biographers,
who state that he was " the son of a poor cottar on the Knight of
Glin's estate," "of humble origin," etc.—blunders which only careful search among family papers, a visit to the ruins of the old house
on the hill above the towers of Glin, and the Knight's corroborative
testimony, gleaned from his title deeds and family records, has
effectually corrected.

PRECAUTIONARY MEASURES.

197

His anxious desire to take some precautionary
measures receiving no encouragement, but distinctly
the reverse, from Sir Francis Head, FitzGibbon determined upon acting on his own responsibility.
Enumerating the men in Toronto upon whose loyalty he knew he could rely, to the number of 126, and
taking the list to Government House, this irrepressible
defender of his home I owed it to Sir Francis, with
the intimation that he intended to warn each of the
, men on the list to be readiness to come armed to
the Parliament House, at any hour of the day or
night, upon hearing the college bell ring the alarm,"
and " that he also meant to ask the Mayor of the city
to warn all his loyal friends east of. Yonge Street to
rally to his aid at the City Hall upon the ringing of
the cathedral bells."
Pausing for a moment, but not long enough to
allow His Excellency to uttei=ihe refusal he feared
was on his lips, FitzGibbon added : " For the doing of
this I desire to hale your Excellency's sanction, but
permit me to tell your Excellency that, whether you
give me leave or not, I mean to do it."
Sir Francis looked at him with indignant surprise
as FitzGibbon continued : " I say so with all due respect to your Excellency, as the representative of my
sovereign, but you are so convinced that we are in
no danger that you will take no precautions ; but I,
being fully convinced that the danger is most imminent, am determined to take every measure in my

A VETERAN OF 1512•

CHIEF JUSTICE ROBINSON.

power to devise for the protection of my family and
friends."
Sir Francis did not reply immediately, but, after a
pause of doubt and uncertainty, he at last gave a
reluctant consent, much as if it was forced from him
by the soldier's determined words.
Whether willingly or unwillingly given, it was still
consent. Thanking His Excellency, FitzGibbon withdrew. He went at once to the City Hall, where, in
the presence of Alderman Dickson (Dixon ?) he communicated the result of his interview with Sir Francis,
and asked the Mayor to co-operate with him and
undertake that someone should be at hand to ring
the bells of the cathedral when warned by the ringing of the college bells.
Sir Francis was not the only one who thought
FitzGibbon over-anxious and over-zealous in thus
taking timely precautions against surprise by the
rebels, who, he knew, were arming and being drilled
in the outlying districts about Toronto. When he
called upon the Chief Justice he met with something
of the same opposition he had received at the hands°
of the Lieut.-Governor. 'Upon stating his object and
expressing his fears, the Chief said : " Colonel FitzGibbon, I cannot partake of your apprehensions, and
I am sorry you are alarming the people in this way."
FitzGibbon repeated what he had said to Sir
Francis, and again reiterated his determination not to
be persuaded by anyone to desist from taking what
precaution he could against being surprised by an

undisciplined rabble such as he expected the rebel
force would be. He, however, yielded so far to the '
Chief Justice as to agree to warn the heads of families
only.
The insurgent forces were gathered, the rebellion
broke out, and the college bells rang the alarm before
FitzGibbon had time to warn fifty of the one hundred
and twenty-six men whose names were on his list.
Although the following letter was written some
two years later, I think I cannot do better than
insert it here. FitzGibbon never blamed the men
who at this time were so incredulous. They had as
deep interests at stake as any could have, and would
have been as prompt to defend them had they not
been blinded by the false security in which Sir
Francis had wrapped himself, and apprehended no
danger of any actual rebellion. The conduct of the
Chief Justice after the event was, however, that of a
generous man. It contrasted very favorably with
that of the Governor.

198

19 9

(Extract from the letter of Chief Justice Robinson.).
" MY DEAR BISHOP,—I think Colonel FitzGibbon
may feel assured that the Government has a just
sense of his faithful and valuable services. If I had
any doubt of this, I would most readily repeat in
writing what I have taken occasion to say to the
Secretary of State on that subject.
" During the many years that Colonel FitzGibbon
has resided in Upper Canada, his resolute character,
his ardent loyalty, and his active and intelligent

200

A VETERAN OF 1812.

mind, have led him and have enabled him to render
i mportant services to the Government and to the
Province, and on several occasions when I think it
would have been difficult to find anyone else who
could have discharged the same duty so efficiently.
" With regard to his services in 1837, I have no
doubt (and I should be happy to state this on every
occasion where it could be useful to him) that his
earnest conviction before the outbreak that violence
would be attempted, and the measures of precaution
which he spontaneously took in consequence of that
i mpression, were the means of saving the Government
and the loyal inhabitants of Toronto from being for
a time at least at the mercy of the rebels ; and I
believe that the most disastrous consequences would
have followed the 'surprise which Colonel FitzGibbon's vigilance prevented. His conduct also, when
the crisis did occur, was most meritorious.
" The Legislature has shown a strong sense of this
service, and a great desire to reward it ; and I am
persuaded that no one would receive more pleasure
than the present Lieut.-Governor of Upper Canada
and his predecessor, from any measure of Her Majesty's which should have the effect I of recompensing
Colonel FitzGibbon in such manner as may be most
agreeable and useful to himself.
" (Signed) JOHN B. ROBINSON."
[Enclosed in a note from the Lord Bishop of '11ronto, dated London, 83 Sackville Street, 16th August,
1839.]
On Saturday, December 2nd, a man whose name
is not given in any of the papers, either printed or
in manuscript to which I have had access, came to

SECRET INFORMATION.

201

the Adjutant-General's office and asked to speak with
FitzGibbon in private.
At this interview FitzGibbon obtained further
information concerning the movements of the disaffected, and of arms being sent from all points to the
north of Toronto. He endeavored to persuade his
informant to repeat it to the Governor and his Council, but without success. The man declined positively.
He had revealed what he had seen and heard to FitzGibbon as to a fellow-mason, and refused to run the
risk of losing life or property at the hands of the
rebels by permitting his name to transpire. They
(the rebels) knew that he had come into town upon
urgent private business, and believed it was for that
alone he was there. He could not depend upon anyone else keeping his name secret, and if it was betrayed, assassination upon his return, or destruction
to his property if he remained in town, would be the
inevitable result.
Knowing how much more satisfactory this information would be if delivered first-hand to the Lieut.Governor, instead of through him, FitzGibbon urged
it by every argument he could advance, but only
succeeded so far as to induce the man to say where
he might be found, if Sir Francis should demand his
presence.
The tidings warranted the belief that the outbreak
was as imminent as FitzGibbon feared, yet such was
the opposition he met with both from the Governor
and his assembled Council, to whom he lost no time
13

202

A VETERAN OF 1812.

APPOINTED ADJUTANT-GENERAL.

in communicating it, that the man was summoned
and interviewed by Sir Francis and the AttorneyGeneral, and the intelligence discussed for nearly six
hours without any definite conclusion being arrived
at or any orders issued to meet even a possible emergency.
In vain FitzGibbon urged the necessity of some
precautions being taken, some preparation being made
to guard against surprise. Neither the Lieut.-Governor nor his Council would consent, the Hon. Wm.
Allen alone advocating FitzGibbon's advice being
taken.
In reply to Sir Francis' weak objection, that the
man's report had not made the same impression on
his mind as it had apparently upon Colonel FitzGibbon's, the information he brought being at third
and fourth-hand, Fitz Gibbon reiterated the question :
" What impression does it make on the man's own
mind ? Has he not seen in a blacksmith's forge bags
filled with what he has no doubt are pike-heads ?
Has he not seen the handles already made, and the
timber prepared for more, which, he was told, were
intended for hayrakes or pitchforks ? And has he
any doubt at all of the object of all the preparatirs
which he, from day to day, has seen making in file
neighborhood ? '
" Whereupon the Hon. Wm. Allen said : 'What would
you have, gentlemen ? Do you expect the rebels will
come and give you information at first-hand ? How
can you expect such information but at second, third

or fourth hand ? I am as long in this country as most
of you, gentlemen. I know the people of this country as well as most of you, and I agree every
work spoken here to-day by Colonel FitzGibbon, and
think that an hour should not be lost without preparing ourselves for defence.'
"After Mr. Allen had done speaking, I turned to
His Excellency and said : 'In short, sir, when I came
here this morning, I expected that your Excellency
would give meoleave to go into the streets and take
up every half-pay officer and discharged soldier I
could find in the city, and place them this very day in
the garrison to defend it.'
" To this His Excellency answered : What would the
people of England say were we thus to arm ? And
besides, were we to pass the militia by, they would
feel themselves insulted.'
" To which I replied : Pardon me, your Excellency ;
they would rejoice to see me organize the military to
be a nucleus for them to rally round.'
" When I withdrew from this meeting or council,
and reflected on all that had passed, I did fear that I
should be looked upon by those present as a presumptuous and arrogant man, for I spoke with great
earnestness and fervor." ("An Appeal to the People
of Upper Canada.")
This meeting was held on Saturday. Nothing was
done until Monday morning, when FitzGibbon being
sent for, Sir Francis read a militia general order,
appointing him Adjutant-General, and ordered him

203

204

A VETERAN OF 1812.

A MILITIA GENERAL ORDER.

to sign all general orders and documents issuing from
the DepartMent as Adjutant-General.
After a moment's hesitation, FitzGibbon declined
putting himself into what would be a false position,
The law allowed only one adjutant-general, and as
Colonel Coffin still held that post, another could not
legally be appointed. Reflecting, however, that even
the nominal holding of such a position would enable
him to do much upon the authority of his office that
would otherwise be impossible, FitzGibbon consented,
provided the words_ " Acting Adjutant-General " were
allowed to follow his signature. There was another
reason for his reluctance to accept this appointment,
in the fact that some time previously Sir Francis had
questioned him upon the condition of the working of
the Adjutant-General's department, and the state of
things was such that he had been obliged to report
neglect and inefficiency on the part of the official
holding that position ; and his being a personal friend'
made it a sin against the noblesse oblige of his race to
appear to supplant him. Now, however, he saw no
alternative but to do so to some extent, or lose the
one chance that offered by which he might obtain tilt
power to do what he was so confident the safety of
the country required. It was a sacrifice of personal
feeling for the benefit of others, the loss of one for
the gain of the many. That the friendship between
the two men was unbroken by it is but one more
proof of the estimation for integrity of purpose and

loyalty to the truth in which FitzGibbon was held by
friend and foe alike.
Sir Francis consented to the proviso, and immed
ately prepared a militia general order, appealing to
the officers commanding regiments and corps in the
Province, and conveying instructions for their guidance in the event of that which FitzGibbon now
believed was inevitable—the possible outbreak of rebellion.
FitzGibbon carried a copy of this order to the
Queen's printer the same day, but it was not ready
for circulation in time to be of much use as a precautionary measure. The outbreak occurred on the
night of the same day in which it was placed in the
printer's hands.
Though FitzGibbon, in writing of this memorable
day, December 4th, has given no positive detail of
information obtained which served to increase Otis
apprehensions of the imminence of the outbreak, his
actions go to prove that he believed it but a question
of hours. Mackenzie had attacked him personally
in the columns of his paper, and was probably kept
informed by his friends of FitzGibbon's appeals to
Sir Francis, as well as of the Lieut.-Governor's refusals
to provide against surprise.
On the afternoon of the 4th, the discovery that
suspicious-looking characters had been seen hirking
about the neighborhood of his house, led FitzGibbon
to believe that he might be especially marked for the
rebel vengeance.

205

206

207

A VETERAN OP 1812.

A MIDNIGHT INTERVIEW.

There is a dim recollection in my mind of a story
told me when a very small child—so dim, however, it
is, that I do no wish to advance it here as authentic
in the remotest degree. If, however, there is even
the least foundation of truth in it, FitzGibbon's certainty of the advance of the rebels and their singling
him out for especial attention would be explained.
The story was told us in the nursery, and belongs
to the treasured traditions of my childhood. One of
the young men, returning from an outlying district
in the early dusk of the winter twilight, happened to
pass by a low house in the northern outskirts of the
city. A light in an upper window and the mention
of Fitz Gibbon's name heard through a narrow opening, the sash being raised on a reel of cotton, attracted
his attention. He stayed to hear more. His horse's
feet making no sound upon the soft, wet grass, the
gentle creature, obeying his hand, drew close to the
window in silence. Half a dozen men were in close
converse in the room, discussing the intended march
on Toronto that night, and their confidence of success.
Waiting to hear no more, the lad walked his horse
until out of hearing from the house, then hastened
into the city to report what he had heard to FitzGibbon. Whether in confidence, or whether the informant was one of his own sons, and he feared the
lad's interest and excitement had exaggerated the
importance of what he had overheard, and did not
wish his name mentioned, my memory fails to recall ;
the chief' item impressed on my childish mind being

that some important intelligence was obtained througha window sash propped open with a reel of cotton,
and that the rider had such loving control over his
horse that he was enabled to ride away undiscovered,
and convey the tidings to the colonel.
FitzGibbon merely says that as night approached
he became more apprehensive of impending danger,
and consequently determined to sleep at his office in
the Parliament House until he considered the crisis
over. Late in the day he invited several of his
friends to spend the evening with him, an invitation
readily accepted. Although they might not share
his apprehensions, many were willing to share his
vigils. Fitz Gibbon was an excellent raconteur, and
is frequently spoken of as "one of the most entertaining and amusing men of his day." Few of the
men of his acquaintance would refuse to spend the
night with him.
About ten o'clock, some other incident occurring,
the detail of which he does not give, FitzGibbon
deemed it as well to inform His Excellency of his
fears for the night, and his intention of remaining at
the buildings. He found upon reaching Government
House that Sir Francis had retired for the night.
Looking back now upon the insistence of the man,
one cannot but acknowledge that he must have been
regarded as an intolerable nuisance by those who did
not share his apprehensions, and this disturbing of
vice-regal slumbers a great annoyance.
In vain Mrs. Dalrymple protested that her brother
(

`

208

OUTBREAK OF THE REBELLION.

A VETERAN OF 1812.

was fatigued, and that it was hard that he should
be disturbed. FitzGibbon insisted, and the Governor
came down in his dressing-gown to hear what he had
to say, and no doubt returned to his rest in nowise
more convinced than hitherto, and possibly in no
very amiable mood. An hour later, information was
brought to FitzGibbon that the rebels were actually
approaching the city in force from the north.
Sending Mr. Cameron, one of his rifle corps, to
ring the college bell, FitzGibbon mounted a horse
belonging to the House messenger and kept in a
stable close at hand, and galloped from house to house
in the west end of the city, warning the occupants
and bidding them hasten to the Parliament buildings,
armed, as the rebels were then approaching the city.
The college bells were rung, but the city bells were
still silent. Annoyed and anxious lest nothing but
a confused, unarmed body of citizens should assemble, to fall an easy prey to the rebels, and knowing
that even momentary success would swell the rebel
ranks, FitzGibbon rode to the cathedral. Finding
the doors still locked, he shouted for someone to
run for the keys ; then, when to his impatience the
messenger seemed long in returning, he called for
axes to break open the doors. The keys, however,
arrived in time to prevent other means being resorted
to ; the doors opened and the bells rung, but not until
half an hour of what might have been valuable time
was lost. FitzGibbon had relied on the promise given
him by, the Mayor, that the city bells should be rung
,

209

as soon as the ringing of the college bells gave the
alarm.
Giving directions that the cases containing the
arms in the City Hall should be opened, and their
contents distributed to the men as they came in, FitzGibbon, accompanied by two students, who were also
mounted, rode up Yonge Street to ascertain what progress the rebels were making toward the city. Reaching the ravine opposite Rosedale without encountering
any rebel force, FitzGibbon began to fear that his
alarm was premature, and that he had laid himself
open to ridicule by his extraordinary proceedings
and excitement. He determined, however, to guard
against possible contingencies and carry out his plans.
He saw there would be time to place a picket on
Yonge Street, to check the expected advance of the
rebels, but before turning to retrace his steps, he expressed a regret that he had not a few more mounted
and armed men with him, as he might then have
ridden on to Montgomery's, the reported headquarters
or rendezvous of the enemy, and reconnoitred his
position more satisfactorily. The two lads eagerly
volunteered to do so, but FitzGibbon was very reluctant to allow them to undertake such a service.
One of them, Mr. Brock, had been sent out to Canada
and placed under his especial care by his father,
Major Brock, who had served with FitzGibbon in the
49th, and had since proved himself a most generous
and kind friend.
Not wishing to expose his friend's son to unneces-

210

A VETERAN Or 1812.

AN ANXIOUS NIGHT.

sary danger, FitzGibbon at first refused, but the lads
were so anxious and so confident no harm would
happen them, that he at length consented and returned
to the city without them. He had not ridden many
yards before he met Mr. Powell, one of the city aldermen, and Mr. McDonald, the wharfinger, also riding
out to learn what truth there was in the rumors of
rebels mustering at Montgomery's. FitzGibbon hailed
them with satisfaction, begged them to ride on quickly
and overtake Mr. Brock and Mr. Bellingham, and
continued his way, relieved of some of his anxiety
concerning the lads. FitzGibbon's surprise was therefore great upon arriving at Government House a short
time after to find Mr. Powell there before him. Mr.
Brock and his friend had been met and taken prisoners
by the rebels within a few minutes of their parting
with FitzGibbon and Mr Powell, encountering them
directly after, had been summoned to surrender hinhself also. Instead of complying, he had fired at and
shot their leader, then turning his horse had galloped
back to town. Finding the toll-bar shut, and no one
replying to his shout, fearing pursuit, he had left his
horse and made his way across the fields to Government House, where he found the Governor still in
bed, the clamor of the bells not having disturbed him.
Mr. Powell's report roused him to the reality of the
impending danger, and for the first time he was ready
to take Fitz Gibbon's advice, though it was only to
dress himself and come with him to the market-place.
While FitzGibbon was thus escorting the Lieut.-

Governor to the centre of defensive operations, the
City Hall, Judge Jones, who had grumbled at the
over-zeal of FitzGibbon when wakened by his messenger an hour before, had also realized the necessity for
action. He had formed a picket, and marched it out
to the toll-bar on Yonge Street. Riding thither,
Fitz Gibbon learned that the rebels, alarmed by the
fall of their leader and the ringing of the city bells,
had returned to Montgomery's. Sentries were then
carefully posted. The remainder of the night was
spent in arming and organizing the citizens.
One of the first men FitzGibbon had roused when
warned of the approach of the rebels was the Assistant Adjutant-General, Colonel Foster. To him, more
than perhaps to any other member of the Government, was due the rapid and effective organization
of the mass of excited citizens—who had rushed
unarmed, and in many cases panic-stricken, to the
market-place—into an orderly defensive force.
FitzGibbon speaks in one of his letters of this
night as one of the most anxious he ever spent. If
we consider the nature of the service required of him,
we may realize his anxiety. He had to deal with an
excited mob, hastily aroused from their beds, many of
them sympathizers with or theselves -unavowedly
rebels, crowding to thi(City jl 11 unarmed, but ready
to seize the weapons served out (without any possibility of distinguishing friend from foe), and use
them either in attack or defence, whichever side scored
the first success and turned the scale ; but recently,

211

213

A VETERAN OF 1812.

WILLIAM RYERSON'S LETTER.

almost at the eleventh hour, appointed to the command, having no regular soldiers, men who fall into
the ranks mechanically at a word and obey orders in
silence ; with militia regiments insufficiently officered
amid the darkness, the clamor of the bells mingled
with the excited exclamations of the mob ; the panic
caused by the flying rumors and exaggerated reports
of the extent of the outbreak (rumors circulated by
Mackenzie's friends and sympathizers), and the feeling of certainty that if the rebel force struck the first
blow with even partial success, hundreds who now
appeared loyal would join the standard of revolt.
Under such circumstances, we can not only realize
FitzGibbon's anxiety, but can understand the value
of the few old military officers and men upon whose
technical and practical knowledge, as well as loyalty,
he could rely.
The militia certainly deserved the chief credit and
great praise for service rendered under most trying
circumstances, but the assistance of men like Colonel
Foster was a large factor in the organization of the
people into a force capable of guarding the city.
FitzGibbon speaks later of Sir Francis Head's desire
to act through the militia rather than through those
who had any pretensions to military experience, as if
regardless of the injury he must do by neglecting to
avail himself of the professional services at his disposal, giving as an instance in point Sir Francis'
refusal to accept an officer formerly belonging to the
68th Light Infantry as his aide-de-camp, requesting

that FitzGibbOn should send him a militia officer to
act in that capacity on Thursday, December 7th.
This policy of the Lieut.-GOvernor may in a
measure account for the absence of many names in
the various accounts of that period and the prominence given to the militiamen in the excitement in
Toronto during the first few days of the rebellion in
Upper Canada.
By sunrise on Tuesday, the men were formed in
platoons in the Market Square, the one gun, a 6pounder, mounted and loaded in front of the City
Hall.*
Rumors reaching FitzGibbon that the rebels, having
retired to Montgomery's, were felling trees and fortifying their position, 116 rode out to ascertain what
truth there might be in the report. He was accompanied by Captain Halkett of the Guards, Sir Francis'

212

.1‘

*Extract from William Ryerson's letter to Dr. Ryerson, December 5th, 1837 :
" Last night about twelve or one o'clock the bells rang with great
violence ; we all thought it was the alarm of fire, but being unable
to see any light we thought it was a false alarm, and we remained
quiet until this morning, when on visiting the market-place I found
a large number of persons serving out arms to others as fast as they
possibly could. Among others, we saw the Lieut.-Governor, in his
every-day suit, 41111h one double-barrelled gun in his hand, another
leaning against his breast, and a brace of pistols in his leathern belt.
Also Chief Justice Robinson, Judges Macaulay, Jones and McLean,
the Attorney-General and Solicitor-General, with their muskets,
cartridge boxes and bayonets, all standing in ranks as private
soldiers, under the command of Colonel FitzGibbon." (" Story of
my Life," P. 177.)

214

215

A VETERAN OF 1812.

SHERRIFF JARVIS' PICKET.

aide-de-camp and four others. The rumor was with
out foundation, the road was open and the position of
the rebels such that FitzGibbon felt confident a prompt
attack would certainly disperse them without much,
if any, loss. Full of this opinion he returned, and
going at once to Sir Francis, begged to be allowed to
march three hundred of the five hundred men then
in the Market Square, with the 6-pounder, to attack
the enemy at once. To his surprise and indignation
Sir Francis replied : " No, sir, I will not fight them
on their ground ; they must fight me on mine."
In vain FitzGibbon urged the advisability of making an attack upon the rebels before their number
increased. In vain he represented how much less the
loss of life and property would be if the rebels were
defeated or dispersed before they entered or attacked
the city—how much less difficult to surround and
defeat them on their own ground, or to defend one.
entrance to the city, if they should be even partially
successful in resisting the attack, than to guard and
watch the many approaches by which their most
powerful weapon, incendiarism, might enter it.
Sir Francis would listen to none of his arguments
or entreaties. Finding that persistence only aroused
irritation, FitzGibbon reluctantly desisted.
Tuesday was spent in further preparation. The
picket posted by Judge Jones on Yonge Street had
been withdrawn in the morning, and as the evening
approached FitzGibbon undertook to form another to
mount guard during the night.

While selecting and drawing up the men, Sir
Francis saw him from a neighboring window, and
sending for him demanded, " What are you doing ? "
Upon FitzGibbon replying that he was forming a
picket to place on Yonge Street, he ordered him peremptorily not to send out a man. FitzGibbon urged
not only the importance but the absolute necessity of
not leaving the road open and unguarded. Sir Francis
only reiterated his command.
" We have not men enough to defend the city. Let
us defend our posts, and it is my positive order that
you do not leave this building yourself."
FitzGibbon protested against such an arbitrary
command, but Sir Francis only repeated it. Disgusted
at such ignorance, and annoyed that he should be the
victim ; feeling that he was being treated like a child
who had been given a task to do, and then told he
was incapable of attempting it, FitzGibbon left the
room—not, however, to obey. He was not a man
to give up what his knowledge of military tactics
and night fighting, as well as the possible designs of
the rebel force, such as had flocked to Mackenzie's
standard, told him was the right and best course to
pursue. The picket posted on Yonge Street was a
necessary precaution, and, Sir Francis' commands to
the contrary; he meant to so post it. He only did
out of His Excellency's sight what he would otherwise have done under his eyes. He formed the picket,
placed it under the command of Sheriff Jarvis, marched
it out, and posted it himself.

216

A VETERAN OF 1812.

Upon his return, he went directly to Sir Francis,
reported himself and told what he had done. Sir d
Francis rebuked him angrily, but in milder terms than I
he had expected.
An hour afterwards, when tidings were brought to
Sir Francis that the sheriff and his picket had been
taken prisoners by the rebels, he turned to FitzGibbon
and reproached him bitterly for his disobedience. But
the soldier scoffed at the report. The sheriff was no
fool ; the pickets had been well posted, and directions
for their guidance too carefully given for such a result ; and though Sir Francis' wrath was somewhat
appeased by the arrival of a second rumor that the
picket had escaped, FitzGibbon was . as incredulous
of it as of the first. When, a short time after, Mr.
Cameron came from the sheriff to report to the Governor that the enemy had approached the picket, been
fired upon and fled, leaving several of their men dead
upon the road, Sir Francis acknowledged, by desisting
from his reproaches, that FitzGibbon had acted advisedly.
A few minutes later, an anonymous letter was
handed to Sir Francis, warning him that the rebels
intended to come in before day and set fire to the
city in several places simultaneously, in the hope of
distracting its defenders or driving them from their
positions, especially their stand at the City Hall,
where the arms and ammunition were stored.
A was ascertained the following day that the party

AN IMPRUDENT ORDER.

217

driven back by Sheriff Jarvis' picket had been despatched by the rebel leader for this purpose.
Alarmed by this letter for the safety of the spare
arms, Sir Francis gave orders that they should be
removed to the Parliament Buildings, which, being
isolated, were less accessible to an incendiary. There
were no wagons or other means of transport available. It was midnight, cold and dark, the roads
were bad, and the men weary from watching and
excitement.
FitzGibbon knew that if Sir Francis Head's plan
of ordering the men to leave their loaded weapons at
their posts, shoulder half-a-dozen of the spare unloaded arms and convey them to the Parliament
House, was carried out, nothing but confusion and
probable disaster would be the result. Uncertain of
the loyalty of many of the men armed to defend the
city, if opportunity arose of helping the rebels ; certain that they were surrounded by spies and sympathizers who would advise their friends of any
such proceedings, FitzGibbon opposed the Lieut.Governor by every argument and persuasion he could
think of or advance.
Sir Francis pelipted, and remembering how recently his orders ha'd been openly disobeyed, he
appeared the more obstinately determined that this
one should be executed. FitzGibbon was in despair.
He continued to remonstrate, assuring Sir Francis
that if he would allow the arms to remain where
they were till daylight, he would himself undertake
14

218

A VETERAN OF 1812.

to place reliable men in positions that would enable
them to keep the rebels at such a distance as would
ensure their safety, for he apprehended the very worst
results from such a movement as Sir Francis ordered
being made in the dark.
Fortunately at this moment a shout from the street
announced the arrival of Col. Macnab, with upwards
of sixty men, from Hamilton. Turning to the Lieut.Governor, FitzGibbon said : " N ow, sir, we are safe
till morning, for with this reinforcement you can
guard every approach to any distance from which we
can be injured." Sir Francis yielded, although' FitzGibbon had seized upon the arrival more as an argument by which he might gain his point, than because
he thought the additional number made any appreciable difference in their security from the fire-brands
of the rebels.
The remainder of the night passed without dis-,
turbance, and on the following day the arms were
transferred to the Parliament Buildings.
During the day (Wednesday) volunteers and militia
came in from Hamilton and Niagara by water, and
from the country by the eastern and western roads.
The city was soon crowded. There was not a sufficient
commissariat for the moment, supplies were not conveniently available, the householders had to hide
away their provisions to ensure a bare subsistence for
themselves, and the danger of a famine was more to
be dreaded than any attack from the rebels. It became an imperative necessity to attack them e to defeat

EXASPERATING DELAY.

V1t

219

their enemies and disperse their friends with the
least possible delay.
During the day the Attorney-General met FitzGibbon in the corridor of the Parliament House, and
showed him a militia general order appointing
Colonel Macnab to the command of the militia in
the Home District, to which his (FitzGibbon's) name
was affixed. Indignant at finding his name appended
to a document he had never before seen, FitzGibbon
was about to demand, in no measured terms, who had
dared to act for him ; but reflecting how important it
was that he should not add to the already great difficulties which must arise where such a number of men
and officers from all parts of the country had come
together, and, without any regular organization, were
to march against the common foe, he said nothing.
Night came on and no orders were given by Sir
Francis for the attack.
FitzGibbon waited until eight o'clock ; then, too
anxious and impatient to delay longer, he went to
Government House in search of Sir Francis Head, and
was told the Lieut.-Governor was at the Archdeacon's.
On returning to his office he met the Hon. William
Allen and Mr. Draper. He asked them to go with
him to Sir Francis and urge an attack being made on
the following morning.
After discussing the matter for nearly two hours
without arriving at any conclusion more definite
than a promise from Sir Francis that he would give
4

orders to attack the rebels on the, following day,

220

A VETERAN OF 1812.

FitzGibbon rose to leave. Sir Francis had, unknown
to FitzGibbon, promised Colonel Macnab the command.
FitzGibbon, naturally concluding that, as AdjutantGeneral and the man upon whom so much had
devolved, he was in command, could not understand
His Excellency's hesitation in giving him the necessary ordeks,
Now, although his attention was drawn to it by
Mr. Allen, the question was still undecided when he
left to attend to other pressing duties.
After visiting the pickets and guards FitzGibbon
went home. He had had no rest since Sunday night.
Learning that some suspicious-looking people had
been _fired at in the neighborhood of his house, he
deemed it wiser to return to his office, where be slept
until four o'clock on Thursday morning.
Believing that he should eventually be given the
command, he spent the first half-hour on awaking
in drawing a rough memorandum for the attack. As
it may be interesting to those curious about such
details to give this roughly-sketched memorandum
here, I copy it from the original draft. It is written
on coarse foolscap and docketed
December 7th, 1837.
ROUGH SKETCH OF DISTRIBUTION FOR THE ATTACK
THIS MORNING:
Colonel Macnab.
Lieutenant Nash .......... 1st Company .......... Advance Guard.
"
Coppinge ..2nd
"
"
Garrett....3rd
"
Major Draper.
Henry Sherwood.

b1SPOSITION OF THE FORCES.

2$4

Two Guns.
Captain Wm. Jarvis ............ 1st Company .......... Battalion.
"
Campbell .................. 2nd
"
Nation ..................... 3rd
Taylor .................... 4th
Jno. Powell
. 5th
Henry Sherwood
6th
Henry Draper
7th
Donald Bethune ...............
8th
Colonel Samuel McLean .
Lieutenant Cox to aid.
Lieut.-Colonel Geo. Duggan.
Major Jno. Gamble.
Judge Macaulay.
Colonel McLean.
"
Jones ......................................
For
the left Battalion.
Jno. Macaulay.
Captain Macaulay.
"
Durnford.
Artillery.
Captain Mathias.
Major Carfrae.
Captain Leckie.
Dragoons.
Three Companies in front.
One Gun, Major Carfrae.
Four Companies :
The men of Gore, under Colonel Macnab.
One Gun.
Four Companies :
Right flank under Colonel S. Jarvis.
One Company Men of Scarboro' in the woods with
Colonel McLean (Allen).
Left flank under Colonel McLean (Archibald).
Two Companies under Colonel Jones.
CC

CC

C C

Whether or not this disposilon of the force was
afterwards adhered to, there zigs no record among
FitzGibbon's papers. It may have been altered.

222

A VETERAN OF 1812.

We find when Sir Francis declined to accept the
services of Captain Strachan as his aide-de-camp for
the day, that FitzGibbon sent Henry Sherwood in
his stead, and asked Captain Strachan to remain near
him during the attack upon the rebels.
Trifling as these details appear to us now, they are
indicative of the antagonism and irritating friction
-between the two men, as well as finger-posts pointing
out the cause of much misunderstanding. They also
show the influences under which each acted according
to his knowledge or characteristics, or was swayed
by the impulses of the moment.
The question of who should be given the command
was still unanswered. FitzGibbon would not ask it
himself, yet no one else seemed to be moving in the
matter. While in this uncertainty, Judge Macaulay
and the Hon. John Macaulay came into his room,
anxious to learn what were the plans for the day..
FitzGibbon told them what had passed at the Archdeacon's the previous evening, and asked if they
would go to Sir Francis, who was sleeping in a room
near by, and ascertain his wishes. A few minutes
later, FitzGibbon was sent for. He found Colonel
Macnab also by Sir Francis' bedside.
The scene must have been a curious one : the
dishevelled, half-roused Lieut.-Governor resting on
his elbow in the camp-bed, the rival commanders on
either side of him ; the two Macaulays, one of them
an old comrade and friend of FitzGibbon's early days
in the country, one who had fought beside him in

A DRAMATIC SITUATION.

223

the campaign of 1814, and knew his military abilities and reputation, standing by, interested spectators
of the scene. Here, too, was an opportunity for
the exercise of the Lieut.-Governor's fondness for
" rounded periods " and " love of epigram."* He did
not lose it. FitzGibbon says : " He raised himself up
and said that he ' found himself in a painful position,
having as rivals before him two officers of equal zeal,
of equal bravery, and of equal talent, competing for
the command.' "
The last comparison roused our hero's indignation.
Colonel Macnab's pretensions to military knowledge
or talent were drawn from a cadetship of one year,
an ensign's commission for less, and no rank at all in
the militia until after FitzGibbon had held that of
full colonel. No wonder he stepped back and looked
at Sir Francis. The situation was dramatic. One
regrets that some sketch or cartoon of it has not
come down to us from the pen of one or other of the
two witnesses. The result of the interview was a
request from the Lieut.-Governor that FitzGibbon
and the Macaulays would leave him to settle the
question with Colonel Macnab. After waiting half an
hour in the corridor, they were recalled, and told that
Colonel Macnab had released him from his promise,
and the command was given to Colonel FitzGibbon.
Without a single thought or reflection on what
* Lord Melbourne's speech in the British House of Commons, on
Sir Francis and the Rebellion.

224

A VETERAN OF 1812.

ROUT OF THE REBELS.

might be the terms of such a surrender, FitzGibbon
shook hands with Colonel Macnab, and hurried away
to do what he thought had been already delayed too
long —to organize the force for the attack.
FitzGibbon never blamed Colonel Macnab in any
way for this rivalry, if so it can be called—hen
but did as he was told. The two men were always
great friends ; Sir Francis' extraordinary behavior
roused no jealousy nor caused misunderstanding between them. Although Colonel Macnab received the
honor of knighthood at the hands of Her Majesty
and a sword from the colonists for his share in quelling the rebellion, FitzGibbon was at the time about
to be rewarded in a manner more adequate to his
needs, and the fact that he ,never received it caused
no more than a passing comparison with Colonel
Macnab's better fortune. That Macnab was equally
generous will be seen later.
Few whose knowledge of Canadian militia is limited
to the fine body of well-drilled men forming any of
our city regiments of to-day, can realize the difficulty
of forming the militia of 1837—many of them but
raw levies from the scattered settlements throughout
the country—into an effective attacking army. The
moment the column marched, FitzGibbon's spirits
rose. He was confident of success—success, too, without much, if any, attendant bloodshed. He had no
doubt but the rebels would fly after a brief resistance,
if they stood their ground at all. These expectations
were, as we know, realized. The rebels fled in haste ;

--

225

the attacking force broke their ranks and pursued in
such disorder that it was little more than one crowd
running after another.
Fearing lest the rebels might take advantage of
the disorder in the ranks of their pursuers and rally,
FitzGibbon kept well in the advance, that in the
event of his fear being realized, he might make an
effort to re-form at leaSt a portion of his men. It was
not required ; the enemy fled in all directions. The'r
leader, Mackenzie, being very closely pressed, left his
horse and took to the woods on foot.
Giving up the pursuit and returning, FitzGibbon
met a party of about forty .men. Asking the officer
in command where he was bound for, he received the
reply that they had been ordered to burn Gibson's
house. Montgomery's was already in flames, having,
much to FitzGibbon's regret, been set fire to by some
of the more excited of the loyalists, but Gibson's house,
being out of the way some two miles, had hitherto
escaped.
Believing there must be some mistake, as nothing
could be gained by such action, the officer repeating
that he had positive orders, FitzGibbon rode rapidly
after the now returning main body, in order to ascertain from Sir Francis if he had given the command.
Before reaching him he was met by Mr. Sherwood,
Sir Francis' aide-de-camp, with the intimation that
" the Lieut.-Governor wished the men recalled who
who were going to burn Gibson's house, as he did
not wish it burned." Sending Capt. Strachan to over-

226

A VETERAN OF 1812.

take the detachment and countermand the obnoxious
order, FitzGibbon rode on himself to the main body.
A few minutes later he was called and told that
His Excellency wished to see him immediately at the
head of the column FitzGibbon obeyed the summons, and to his surprise the order to save Gibson's
house was countermanded. He endeavored to remonstrate, but Sir Francis was obstinate. He laid his
hand on FitzGibbon's arm as he rode along beside
him, and repeated, authoritatively :
"Hear me ; let Gibson's house be burned immediately, and let the militia be kept here until it is done."
Then setting spurs to his horse, he rode on rapidly
towards town.
It was late. The men had had a fatiguing day ; they
were cold, weary and hungry. There was no necessity to keep the entire force waiting while the order
he so utterly disapproved of was carried out. Fitz- .
Gibbon reined back his horse until the main body
had passed, wheeled out the last division, and sent
them northward. Turning to the field officer, whose
name he does not give, he bade him take the command and see the order executed.
" For God's sake, Colonel FitzGibbon," the officer
replied, " do not send me to carry out this order."
" If you are not willing to obey orders," said the
colonel, " you had better go home and retire from the
militia."
" I am very willing to obey orders, but if I- burn
that house, I shall be shot from behind one of these

13URNING OF GIBSON'S HOUSE.

227

fences, for I have to come over this road almost every
day in the week."
In the meantime the two men were left alone, the
main body returning to town, the detachment wheeled
out for the special service on the way north. There
being no other officer at hand to whom to entrust the
command of the latter, FitzGibbon determined to
undertake it himself.
Sir Francis Head's despatch to the Colonial Office,
December 19th,* so misrepresented his action with
regard to the burning of Gibson's house, that upon
perusing it in the following April, FitzGibbon wrote
a clear statement of the truth to Lord Glenelg,t with
the result that Sir Francis was obliged to append a
footnote to the page in his " Narrative," acknowledging the falsehood contained in his despatch. Curt as
are the words, " By my especial order," they suffice to
show how reluctant the writer was to proclaim his
former statement to be false—to prove that, had there
been a loop-hole of escape, he would have seized it.
* " The militia advanced in pursuit of the rebels about four miles
until they reached the house of one of the principal ringleaders,
Mr. Gibson, whose residence it would have been impossible to have
saved, and it was consequently burned to the ground." (Sir Francis' Despatch, December 19th, 1837. See Appendix VII.)
t Although this statement was written on April 17th, and placed
in Sir George Arthur's hands to be transmitted to Lord Glenelg,
FitzGibbon was persuaded by his friends to withdraw it ; but upon
reading a further production of Sir Francis' pen published in May,
FitzGibbon could no longer withhold his letter. A copy of the
original will be found in Appendix VIII.

228 A 'VETERAN OF 180.

FitzGibbon always deplored this act. It was not
only unnecessary, but impolitic and petty. Had the
order been given him in private, or before a limited
number, as other of Sir Francis' commands had been,
FitzGibbon would have taken the responsibility of /
disobeying it, as he had done before. But an order
given by a commander-in-chief to his second in command, in the hearing of a number of subordinate
officers, and in the presence of the men, has no alternative : it must be obeyed, however reluctantly.
The deed was done, the rebel Gibson's house razed
to the ground, and FitzGibbon returned with the
detachment to town. Dismissing the men, and ascertaining that the guard at the Buildings had been
relieved, he turned his steps to his own house. He
was weary, mentally as well as physically. The restless excitement and anxiety of the past few days, the
want of sleep, the irritation and annoyance caused by
the Lieut.-Governor's behavior, the heart-sick disgust
he felt at having been forced to do a deed his very soul
abhorred—one that seemed to him unchristian and
beneath the dignity of a true British soldier—and the
long hours in the saddle unheeded during the excitement, told upon him now that the need for action
was past. By the time he reached his own door, late
on that winter evening, he was unable to dismount
without assistance.
So bitterly did he feel the treatment he had re- ceived at the hands of the Lieut.-Governor, that on
the following morning, finding himself unable to rise

RESIGNS OFFICE.

229

from his bed, he sent a verbal message to Sir Francis, ∎•
resigning the recently bestowed appointment as
Adjutant-General. The blow had fallen, the rebellion he had so persistently and in the face of opposition and ridicule prophesied, had broken out, but,
owing to his foreknowledge, energy and determination, had not succeeded. The country was now
thoroughly roused to a sense of the reality of the
rebellion, there were men willing and anxious to
defend their homes and prove their loyalty to the
British Crown, and his services were no longer indispensable or necessary.
" I could not," he writes, " serve the Province advantageously to its interests under the immediate
command of such a man as His Excellency, and I felt
constrained to resign an office in the Provincial service which, above all others, I desired to hold. Its
duties were familiar to me, and to their efficient
performance I could cheerfully have devoted my
best energies."
Sir Francis, without one word of regret or enquiry
of the cause, accepted the resignation, and appointed
Colonel Macnab to succeed him.
Ill enough to be confined to the house for several
days, his youngest child dying, his wife ailing, the
long coveted position given up, and entirely neglected
by the Lieut.-Governoi, who did not pay him the
ordinary courtesy of conventional enquiry, we may
understand something of the soreness and disappointment felt by the generous, loyal, enthusiastic heart.



184

PIONEERS OF REFORM.

A VETERAN OF 1812.

'CHAPTER IX.
HE year 1837 was an eventful one, not Only in
the history of Upper Canada, but in the life
and fortune of our hero.
" It was at once," he writes, in a letter to Sir
Augustus d'Este in 1844, " the most successful as well
as the most disastrous of my life. What occurred
then enabled me to accomplish something towards the
saving of the city of Toronto and the overthrow of
the rebels—having no thought of reward, other than
the saving of bloodshed—and the spontaneous and
unanimous vote of my fellow-citizens to reward me
for what I had done, roused such hopes of freedom
from my pecuniary difficulties that their defeat wellnigh imperilled my reason."
It is difficult for the present generation, brought
up under a regime of self-government, to understand
the system of colonial management as carried on
from Downing Street.
To men who had, in the end of the previous century, given up home, friends and property for the
sake of loyalty to the Crown, the defence and maintenance of rights asserted on behalf of their sovereign
was the highest of political duties, and they had
brought up their children in that faith. In many it
fell little short of the loyalty of the Cavaliers to the

185

Stuarts. Self-government by the people was Roundhead, Puritan, Yankee—things they had fought
against and fled from.
They sought for property, and influence at the
hands of the monarch and his ministers, as a reward
for their sufferings in his cause and the defence of
his American dominions, just as the Cavaliers sought
redress of their wrongs and reinstalment in their old
rights by Charles II.
To these Loyalists came active British Radicals, such
as Gourlay and Mackenzie, while reform was working
its way through the times of difficulty and distress
which followed the close of the great war, bringing
Catholic emancipation, municipal and parliamentary
reform in England, and revolution in France.
Many others followed Mackenzie and Gourlay to
Canada filled with the same ideas and proud of their
success in the old country.
They could boast of no services for the Crown such
as those of the U. E. Loyalists. Their sufferings and
aspirations had all been for popular rights.
The necessity of opening up and cultivating the
wild lands throughout the country, and the encouragement offered to emigrants, had brought many settlers
from the United States, whose notions of government had been formed in the Republic.
An alliance between these two bodies against the
Loyalists and their leaders in the Family Compact
was as inevitable as was the strife which grew up
between these opposite forces. Downing Street rule
,

12

186

A VETERAN OF 1812.

AN OBSTINATE GOVERNOR.

was, for the most part, in conformity with the views
and wishes of the U. E. Loyalists in Upper Canada
and with the great body of the English-speaking
minority in the Lower Province.
Unfortunately Sir Francis Bond Head was not
capable of coping with these rival constituents. He
was not a military man of any standing or experience,
and recognized none of the signs of rebellion patent
to those who were, or who were more in touch with
the inevitable advance of reform ; and when the rebellion, in the imminence of which that " paragon of
eccentricity and blundering" (vide Bryce) so repeatedly asserted his _disbelief, actually broke out, he only
added inaccurate statements and boastful accounts of
his own over-weening confidence and prowess to the
blunders already committed.
FitzGibbon wrote several accounts of the outbreak
of the rebellion in Upper Canada, and of Mackenzie's
intended (attempted) attack on Toronto in December,
1837. " An Appeal to the People of Upper Canada,"
published in 1847, is perhaps the most exhaustive as
regards his own share in the defence of the city. The
" Appeal " was written after successive events had
robbed him of the reward voted to him by the
unanimous voice of the House of Assembly, and the
publication of Sir 1'rancis Head's garbled account
in his despatches to the Colonial Office had thrown
discredit upon his services and bade fair to " make
the colony over which he (Sir Francis) held so brief
a rule, little more than a nation of liars,"

Stung to the quick by Sir Francis Head's assertions, his entire silence on some points, half-truths on
others ; impetuous, harassed by the difficulties which
his pecuniary circumstances rendered unavoidable,
sick at heart from hopes long deferred, and embittered
by disappointment, FitzGibbon rushed into print
before time had enabled him either to look at the
facts calmly and state them with such diplomatic
tact as might ensure success, or to learn with what
credence the Lieut.-Governor's account would be received.
Had FitzGibbon allowed Sir Francis to fall into the
pit he was so persistently determined to dig for himself, and had taken no precautions against the danger
he knew was imminent ; had he merely shrugged his
shoulders and allowed the Lieut.-Governor to take
the responsibility of leaving the city unprepared, and,
when the principal buildings were in flames, and the
rebels armed with the muskets Sir Francis refused to
place at the service of the loyal defenders, had he
then stepped in, and at the cost of valuable lives and
property won a pitched battle, and driven out a
greater number of rebels, he would probably have
been knighted, or had other honors paid him.
To do this, however, was not FitzGibbon's nature.
He had seen too much of the sad scenes of war, knew
too much of its realities, was too generous and nobleminded to profit by another's folly, to run the risk of
such bloodshed and devastation. He saw on all sides

187

188

A VETERAN OF 1812.

REBELLION IN LOWER CANADA.

evidences of the imminence of an outbreak of rebellion against the authorities.
From the year 1815, when Sir. Francis Gore, by his
policy as Lieut.-Governor of Upper Canada, had sown
the seeds of future trouble, FitzGibbon had watched
the course of events with interest, and from 1824
with ever-increasing anxiety. He communicated this
anxiety to Sir John .Colborne in 1834, and was requested by him to carry out one of the suggestions
he offered, as a precautionary measure—the formation
of a corps of young men in Toronto, ostensibly for
the purpose of instruction in 'drill, that they might
be better fitted for commissions in the militia when
required. The corps was limited to seventy, that
being the number of rifles available from the military
stores. During the summer months of the three
successive years, FitzGibbon drilled these lads twice
a week, and in order to encourage them to equip themselves in, correct military style, went to the expense
of procuring rifle uniforms for himself and eldest
son. This might well be called the first military
school in Canada.
Perhaps the happiest hours of those years were
spent in this labor of love. He was a soldier before
everything. He loved the very rattle of accoutrements, and took a genuine pride in the improvement
and smartness of his company. He valued drill not
only as a means of making a man upright in his
carriage, prompt and vigorous in his movements, but
as calculated to regulate his mind, strengthen his

character for uprightness, honesty, obedience and
straightforward simplicity, and draw out latent resource and talent. Add to this the confident expectation that his efforts would not be thrown away,
but in the hour of need the time spent in drilling
would bear fruit, and we may understand the pride
of the soldier in his " boys."
" It may not be irrelevant to observe in conclusion,"
writes one of the corps, the late Walter Mackenzie,
"that your previous instructions assuredly enabled
many members of the rifle corps to render efficient
service at the critical period in question (the outbreak). For myself, I may assert that my appointment to the command of one of the four principal
divisions organized in the Market Square of this place,
on Tuesday morning, the 5th of December, 1837, must
have arisen from my connection with that body, and
that my confidence in assuming the charge was
materially increased by finding myself under the
guidance of an officer of your ardent zeal and distinguished services." (Letter from the late Walter
Mackenzie to Colonel FitzGibbon.)
The tidings of the rising of the French-Canadians
in Lower Canada in 1837 added certainty to Fitz
Gibbon's forebodings, and induced him to redouble
his efforts to persuade his friends and fellow-citizens
to join him in preparing for the like contingency.
That the members of the Government at that date
were not only swayed by the opinions and will of the
Governor then in office, but were practically governed

189

10o

191

A VETERAN of 1812.

REPEATED WARNINGS.

by him, the light of the present day, thrown upon
the events of the past, shows plainly. Where, as in
1837, the Governor was a narrow-minded, self-opinionated and obstinate man, it mattered little of what
constituents his council was composed. Good and
true men as many were, they were either overruled
by the Governor's authority and determination, or
silenced by doubt, or fearful of incurring the responsibility of dissension or acting without his authority.
In such a man the rebels recognized their most useful
ally, and in his obstinate, contradictory nature and
his persistent disregard of the advice of the few who
saw the probable result of such culpable blindness,
able assistants.*

FitzGibbon's way to his office in the Parliament
buildings lay, as has been said, along the Bay shore
on the stretch of land below Front Street. Here he
frequently met Sir Francis Head on his way to walk
for exercise on the long wharf near the garrison.
These meetings led to long and animated conversations on many subjects, but chiefly upon the state of
the Province and political parties. The Governor's
opinions differed greatly from FitzGibbon's on many

*That FitzGibbon was not the only one who endeavored to warn
Sir Francis of the threatened danger and urge the need of precautions being taken, is shown by the following extract from a letter
written from Cobourg by the Rev. Egerton Ryerson to a friend in
Kingston : " You will recollect my mentioning that I pressed upon
Sir Francis Head the propriety and importance of making some
prudent provision for the defence of the city, in case any party
should be urged on in the madness of rebellion so far as to attack
it. He is much blamed here on account of his over-weening confidence, and foolish and culpable negligence in this respect."
Again, when telling his brother William of the efforts to induce
Sir George Arthur (Sir Francis' successor) to commute the sentence
of Lount and Matthews, two of the rebels condemned to death, he
repeats : " I also mentioned to the Governor that you and the Rev.
J. Stinson had waited on Sir Francis about four weeks previous to
the insurrection ; that you informed him of insurrectionary movements about Lloydtown and other places, which you had learned
from me ; that you had strongly urged Sir Francis to raise volunteers and put the city and other places in a state of defence ; that

you and I had waited' on the Attorney-General next day, and that
we had urged these things on him in a similar manner, but that
these statements and advice had been disregarded, if not disbelieved."
Again, after expressing his decided opinion that " punishments
for political offences can never be beneficial when they are inflicted
in opposition to public sentiment and sympathy," Dr. Ryerson
adds : " The fact is, however, that Sir Francis Head deserves impeachment just as much as Samuel Lount deserves execution.
Morally speaking, I cannot but regard Sir Francis as the more
guilty culprit of the two." (Extract from " The Story of my Life."
Ryerson.)
Again, after speaking of the evil effects of Sir F. B. Head's
arbitrary conduct upon the country, and the state of dissatisfaction
everywhere evident, William Ryerson says : " After all we know
but little of the calamities and miseries with which our once happy
land is now afflicted, and yet Sir Francis, the most guilty author of
this misery, escapes without punishment ; yes, with honor and
praise. How mysterious are the ways of Providence ; how dark, crooked and perverse the ways of men."
Colonel Foster, the Assistant Adjutant-General, also repeatedly
urged Sir Francis Head to retain a small regular force in the Upper
Province, and he also wrote to Sir John Colborne, representing the
mischief that was likely to be the result of the withdrawal of all
the military quartered in Upper Canada, particularly Toronto and
its vicinity.

192

A VETERAN OF 1812.

important points. Fearful that Sir Francis might
think he threw himself in his way, or finding the
arguments their conversation often ended in irksome,
FitzGibbon, upon seeing him approaching, would
sometimes turn aside in another direction, that he
might avoid meeting him. Sir Francis, however,
frequently called to him, or, if out of reach of his
voice, beckoned him with his stick to wait for him.
FitzGibbon has left no details of these morning
chats, only the general idea that he, too,' took the
opportunity of urging upon Sir Francis the great
need of making some preparation, or taking some
measures to ensure the safety of the city and the
prevention of loss of property ; and by being in
readiness to put down any rising, practically prevent
it. FitzGibbon, confident that his fears were not
groundless, saw it coming ; the Governor, deter, minedly shutting his eyes, refused to believe it either
probable or possible.
When Sir John Colborne asked Sir Francis Head
how many of the troops then in Upper Canada he
could spare for service in Lower Canada, he answered
" All."
When the last detachment, consisting of a subaltern and thirty men, were on their way from Penetanguishene through Toronto, FitzGibbon begged the
Lieut.-Governor to keep them in the city, " if only as
a nucleus for the militia to rally round."
This he also refused, saying, " No*, not a man. The
doing so would destroy the whole morale of my

ARMS AND AMMUNITION.

193

policy ; if the militia cannot defend the Province, the
sooner it is lost the better."
" Then, •?" exclaimed FitzGibbon, " let us be armed
and ready t I defend ourselves."
" No," replied Sir Francis, " I will do nothing. I
do not apprehend a rebellion in Upper Canada."
Six thousand stand of small arms with ammunition
had been sent a short time before to Toronto from
Kingston, and deposited by the Lieut. -Governor's
orders in the market buildings, under the keeping of
the civic authorities, the two constables being on
guard over them at night. FitzGibbDn considered
this protection, under the circumstances, insufficient.
He called upon and urged Sir Francis to allow him
to organize a guard from his rifle corps to prevent
any attempt on the part of the rebels to obtain
forcible possession.
This offer was also declined, the Lieut.-Governor
emphasizing his refusal by the assertion " that were
it not that he disliked to undo what he had already
done, he would have the arms brought to Government House and entrusted to the keeping of his own
domestic servants."
In despair of being able to induce Sir Francis to
realize the need of action, FitzGibbon desisted and
withdrew. Before reaching the passage he was recalled by His Excellency in person, and requested to
" make the offer in writing."
This FitzGibbon was very willing to do, the manner of the request leading him to hope that his offer

194 A VETERAN OF 181.

would then be accepted. His surprise, therefore,
may be understood, when the following day's issue of
the Toronto Patriot, the Tory organ, contained a
printed copy of the offer made to His Excellency.
Had Fitz Gibbon been self-seeking, or anxious only
for self-aggrandizement, he might have turned this
to his own advantage, but he saw only that Sir
Francis used the offer of a guard, for which he had
asked in writing, to publish to the Province that he
had no fear of rebellion, and to throw odium on the
man who urged preventive measures being taken.
Although such blindness seems incredible, Sir Francis
doubtless calculated to be able in the event of there
being no rising, to boast of how much more correctly'
he had estimated the political situation than the more
anxious of his advisers.
But this was not all. Sir Francis not only made
an ungentlemanly use of this offer, but, knowing how
unlikely it was that a copy of the Patriot would ever
reach the eyes of the officials at home, he entirely
ignored the offer in his despatches to the Colonial
Office.
Some little time previous to this, FitzGibbon had
been transferred from the command of the 4th Regiment of York Militia to that of the 1st Regiment of
the city of Toronto. In this regiment FitzGibbon
found many vacancies. True to his nature to do at
once work that lay close to his hand, and which he
considered from the circumstances required attention,
he made out a list of candidates for the vacant corn-

PERSONAL POPULARITY.

195

missions and submitted it to His Excellency. Believing it would ensure more speedy consideration being
paid to it, he carried the list to Sir Francis personally.
The Lieut.-Governor took the paper, read the list it
contained and handed 't back to FitzGibbon, declining
positively to do anyth until the following summer.
Exasperated by what thought extraordinary folly,
yet unable to act in this manner without authority,
Fitz Gibbon racked his excitable brain to devise means
by which to make some preparation, however small,
to meet and hold the rebels in check until,. when the
Governor's eyes were opened by finding them at his
door, proper and more effective measures would be
taken to defeat them.
It must be remembered that FitzGibbon's popularity, the devotion to him personally he had won
from many he had at various times befriended, sympathized with, or saved from getting into trouble or
sorrow ; the friendly word and kindly smile he had
always ready for the most insignificant, his intense
individuality, his ready interest in others and the
sort of hero worship his daring deeds and reputation
had won for him in the minds of the lads of the next
generation, put him in possession of means of information which he might act upon but could not betray.
He had also been the first provincial acting Grand
Master of the Freemasons in Upper Canada, and
though he had resigned that office in 1826, he was
still a prominent member of the fraternity. He had
lived in neighborly contact with his fellow-citizens

196

A VETERA1C OF 181.

for over twenty years. He had been valued and
honored by ,his -commanders and superior officers
through the war of 1812-14.
. He had known York in the days when it was little
more than a garrison, and, in consequence of the civil
appointments he had held in the intervening years,
had not only had the opportunity but the will to
know every additional member of the increasing
population.
Sir Francis, on the other hand, knew little or nothing of the colony he had been taken from comparativ
obscurity to govern—knew little in fact of men or
politics—had no tact, but was amply provided with
insular prejudice, without the knowledge which ennobles it or robs it of an obstinacy of which the only
designatory adjective is pig-headed. Nor, it may be
said, did Sir Francis know anything of FitzGibbon
beyond what a man of his limited penetration could
learn in the short period of his residence in the Province. The obstinate contradictoriness of his nature
resented being argued out of preconceived opinions by
a man of FitzGibbon's excitable temperament, and one
who made no secret of having risen from the ranks
of a line regiment.*
* The impression made by FitzGibbon's repeated assertion of
this fact has led to many blunders on the part of his biographers,
who state that he was " the son of a poor cottar on the Knight of
Glin's estate," "of humble origin," etc.—blunders which only careful search among family papers, a visit to the ruins of the old house
on the hill above the towers of Glin, and the Knight's corroborative
testimony, gleaned from his title deeds and family records, has
effectually corrected.

PRECAUTIONARY MEASURES.

197

His anxious desire to take some precautionary
measures receiving no encouragement, but distinctly
the reverse, from Sir Francis Head, FitzGibbon determined upon acting on his own responsibility.
Enumerating the men in Toronto upon whose loyalty he knew he could rely, to the number of 126, and
taking the list to Government House, this irrepressible
defender of his home I owed it to Sir Francis, with
the intimation that he intended to warn each of the
, men on the list to be readiness to come armed to
the Parliament House, at any hour of the day or
night, upon hearing the college bell ring the alarm,"
and " that he also meant to ask the Mayor of the city
to warn all his loyal friends east of. Yonge Street to
rally to his aid at the City Hall upon the ringing of
the cathedral bells."
Pausing for a moment, but not long enough to
allow His Excellency to uttei=ihe refusal he feared
was on his lips, FitzGibbon added : " For the doing of
this I desire to hale your Excellency's sanction, but
permit me to tell your Excellency that, whether you
give me leave or not, I mean to do it."
Sir Francis looked at him with indignant surprise
as FitzGibbon continued : " I say so with all due respect to your Excellency, as the representative of my
sovereign, but you are so convinced that we are in
no danger that you will take no precautions ; but I,
being fully convinced that the danger is most imminent, am determined to take every measure in my

A VETERAN OF 1512•

CHIEF JUSTICE ROBINSON.

power to devise for the protection of my family and
friends."
Sir Francis did not reply immediately, but, after a
pause of doubt and uncertainty, he at last gave a
reluctant consent, much as if it was forced from him
by the soldier's determined words.
Whether willingly or unwillingly given, it was still
consent. Thanking His Excellency, FitzGibbon withdrew. He went at once to the City Hall, where, in
the presence of Alderman Dickson (Dixon ?) he communicated the result of his interview with Sir Francis,
and asked the Mayor to co-operate with him and
undertake that someone should be at hand to ring
the bells of the cathedral when warned by the ringing of the college bells.
Sir Francis was not the only one who thought
FitzGibbon over-anxious and over-zealous in thus
taking timely precautions against surprise by the
rebels, who, he knew, were arming and being drilled
in the outlying districts about Toronto. When he
called upon the Chief Justice he met with something
of the same opposition he had received at the hands°
of the Lieut.-Governor. 'Upon stating his object and
expressing his fears, the Chief said : " Colonel FitzGibbon, I cannot partake of your apprehensions, and
I am sorry you are alarming the people in this way."
FitzGibbon repeated what he had said to Sir
Francis, and again reiterated his determination not to
be persuaded by anyone to desist from taking what
precaution he could against being surprised by an

undisciplined rabble such as he expected the rebel
force would be. He, however, yielded so far to the '
Chief Justice as to agree to warn the heads of families
only.
The insurgent forces were gathered, the rebellion
broke out, and the college bells rang the alarm before
FitzGibbon had time to warn fifty of the one hundred
and twenty-six men whose names were on his list.
Although the following letter was written some
two years later, I think I cannot do better than
insert it here. FitzGibbon never blamed the men
who at this time were so incredulous. They had as
deep interests at stake as any could have, and would
have been as prompt to defend them had they not
been blinded by the false security in which Sir
Francis had wrapped himself, and apprehended no
danger of any actual rebellion. The conduct of the
Chief Justice after the event was, however, that of a
generous man. It contrasted very favorably with
that of the Governor.

198

19 9

(Extract from the letter of Chief Justice Robinson.).
" MY DEAR BISHOP,—I think Colonel FitzGibbon
may feel assured that the Government has a just
sense of his faithful and valuable services. If I had
any doubt of this, I would most readily repeat in
writing what I have taken occasion to say to the
Secretary of State on that subject.
" During the many years that Colonel FitzGibbon
has resided in Upper Canada, his resolute character,
his ardent loyalty, and his active and intelligent

200

A VETERAN OF 1812.

mind, have led him and have enabled him to render
i mportant services to the Government and to the
Province, and on several occasions when I think it
would have been difficult to find anyone else who
could have discharged the same duty so efficiently.
" With regard to his services in 1837, I have no
doubt (and I should be happy to state this on every
occasion where it could be useful to him) that his
earnest conviction before the outbreak that violence
would be attempted, and the measures of precaution
which he spontaneously took in consequence of that
i mpression, were the means of saving the Government
and the loyal inhabitants of Toronto from being for
a time at least at the mercy of the rebels ; and I
believe that the most disastrous consequences would
have followed the 'surprise which Colonel FitzGibbon's vigilance prevented. His conduct also, when
the crisis did occur, was most meritorious.
" The Legislature has shown a strong sense of this
service, and a great desire to reward it ; and I am
persuaded that no one would receive more pleasure
than the present Lieut.-Governor of Upper Canada
and his predecessor, from any measure of Her Majesty's which should have the effect I of recompensing
Colonel FitzGibbon in such manner as may be most
agreeable and useful to himself.
" (Signed) JOHN B. ROBINSON."
[Enclosed in a note from the Lord Bishop of '11ronto, dated London, 83 Sackville Street, 16th August,
1839.]
On Saturday, December 2nd, a man whose name
is not given in any of the papers, either printed or
in manuscript to which I have had access, came to

SECRET INFORMATION.

201

the Adjutant-General's office and asked to speak with
FitzGibbon in private.
At this interview FitzGibbon obtained further
information concerning the movements of the disaffected, and of arms being sent from all points to the
north of Toronto. He endeavored to persuade his
informant to repeat it to the Governor and his Council, but without success. The man declined positively.
He had revealed what he had seen and heard to FitzGibbon as to a fellow-mason, and refused to run the
risk of losing life or property at the hands of the
rebels by permitting his name to transpire. They
(the rebels) knew that he had come into town upon
urgent private business, and believed it was for that
alone he was there. He could not depend upon anyone else keeping his name secret, and if it was betrayed, assassination upon his return, or destruction
to his property if he remained in town, would be the
inevitable result.
Knowing how much more satisfactory this information would be if delivered first-hand to the Lieut.Governor, instead of through him, FitzGibbon urged
it by every argument he could advance, but only
succeeded so far as to induce the man to say where
he might be found, if Sir Francis should demand his
presence.
The tidings warranted the belief that the outbreak
was as imminent as FitzGibbon feared, yet such was
the opposition he met with both from the Governor
and his assembled Council, to whom he lost no time
13

202

A VETERAN OF 1812.

APPOINTED ADJUTANT-GENERAL.

in communicating it, that the man was summoned
and interviewed by Sir Francis and the AttorneyGeneral, and the intelligence discussed for nearly six
hours without any definite conclusion being arrived
at or any orders issued to meet even a possible emergency.
In vain FitzGibbon urged the necessity of some
precautions being taken, some preparation being made
to guard against surprise. Neither the Lieut.-Governor nor his Council would consent, the Hon. Wm.
Allen alone advocating FitzGibbon's advice being
taken.
In reply to Sir Francis' weak objection, that the
man's report had not made the same impression on
his mind as it had apparently upon Colonel FitzGibbon's, the information he brought being at third
and fourth-hand, Fitz Gibbon reiterated the question :
" What impression does it make on the man's own
mind ? Has he not seen in a blacksmith's forge bags
filled with what he has no doubt are pike-heads ?
Has he not seen the handles already made, and the
timber prepared for more, which, he was told, were
intended for hayrakes or pitchforks ? And has he
any doubt at all of the object of all the preparatirs
which he, from day to day, has seen making in file
neighborhood ? '
" Whereupon the Hon. Wm. Allen said : 'What would
you have, gentlemen ? Do you expect the rebels will
come and give you information at first-hand ? How
can you expect such information but at second, third

or fourth hand ? I am as long in this country as most
of you, gentlemen. I know the people of this country as well as most of you, and I agree every
work spoken here to-day by Colonel FitzGibbon, and
think that an hour should not be lost without preparing ourselves for defence.'
"After Mr. Allen had done speaking, I turned to
His Excellency and said : 'In short, sir, when I came
here this morning, I expected that your Excellency
would give meoleave to go into the streets and take
up every half-pay officer and discharged soldier I
could find in the city, and place them this very day in
the garrison to defend it.'
" To this His Excellency answered : What would the
people of England say were we thus to arm ? And
besides, were we to pass the militia by, they would
feel themselves insulted.'
" To which I replied : Pardon me, your Excellency ;
they would rejoice to see me organize the military to
be a nucleus for them to rally round.'
" When I withdrew from this meeting or council,
and reflected on all that had passed, I did fear that I
should be looked upon by those present as a presumptuous and arrogant man, for I spoke with great
earnestness and fervor." ("An Appeal to the People
of Upper Canada.")
This meeting was held on Saturday. Nothing was
done until Monday morning, when FitzGibbon being
sent for, Sir Francis read a militia general order,
appointing him Adjutant-General, and ordered him

203

204

A VETERAN OF 1812.

A MILITIA GENERAL ORDER.

to sign all general orders and documents issuing from
the DepartMent as Adjutant-General.
After a moment's hesitation, FitzGibbon declined
putting himself into what would be a false position,
The law allowed only one adjutant-general, and as
Colonel Coffin still held that post, another could not
legally be appointed. Reflecting, however, that even
the nominal holding of such a position would enable
him to do much upon the authority of his office that
would otherwise be impossible, FitzGibbon consented,
provided the words_ " Acting Adjutant-General " were
allowed to follow his signature. There was another
reason for his reluctance to accept this appointment,
in the fact that some time previously Sir Francis had
questioned him upon the condition of the working of
the Adjutant-General's department, and the state of
things was such that he had been obliged to report
neglect and inefficiency on the part of the official
holding that position ; and his being a personal friend'
made it a sin against the noblesse oblige of his race to
appear to supplant him. Now, however, he saw no
alternative but to do so to some extent, or lose the
one chance that offered by which he might obtain tilt
power to do what he was so confident the safety of
the country required. It was a sacrifice of personal
feeling for the benefit of others, the loss of one for
the gain of the many. That the friendship between
the two men was unbroken by it is but one more
proof of the estimation for integrity of purpose and

loyalty to the truth in which FitzGibbon was held by
friend and foe alike.
Sir Francis consented to the proviso, and immed
ately prepared a militia general order, appealing to
the officers commanding regiments and corps in the
Province, and conveying instructions for their guidance in the event of that which FitzGibbon now
believed was inevitable—the possible outbreak of rebellion.
FitzGibbon carried a copy of this order to the
Queen's printer the same day, but it was not ready
for circulation in time to be of much use as a precautionary measure. The outbreak occurred on the
night of the same day in which it was placed in the
printer's hands.
Though FitzGibbon, in writing of this memorable
day, December 4th, has given no positive detail of
information obtained which served to increase Otis
apprehensions of the imminence of the outbreak, his
actions go to prove that he believed it but a question
of hours. Mackenzie had attacked him personally
in the columns of his paper, and was probably kept
informed by his friends of FitzGibbon's appeals to
Sir Francis, as well as of the Lieut.-Governor's refusals
to provide against surprise.
On the afternoon of the 4th, the discovery that
suspicious-looking characters had been seen hirking
about the neighborhood of his house, led FitzGibbon
to believe that he might be especially marked for the
rebel vengeance.

205

206

207

A VETERAN OP 1812.

A MIDNIGHT INTERVIEW.

There is a dim recollection in my mind of a story
told me when a very small child—so dim, however, it
is, that I do no wish to advance it here as authentic
in the remotest degree. If, however, there is even
the least foundation of truth in it, FitzGibbon's certainty of the advance of the rebels and their singling
him out for especial attention would be explained.
The story was told us in the nursery, and belongs
to the treasured traditions of my childhood. One of
the young men, returning from an outlying district
in the early dusk of the winter twilight, happened to
pass by a low house in the northern outskirts of the
city. A light in an upper window and the mention
of Fitz Gibbon's name heard through a narrow opening, the sash being raised on a reel of cotton, attracted
his attention. He stayed to hear more. His horse's
feet making no sound upon the soft, wet grass, the
gentle creature, obeying his hand, drew close to the
window in silence. Half a dozen men were in close
converse in the room, discussing the intended march
on Toronto that night, and their confidence of success.
Waiting to hear no more, the lad walked his horse
until out of hearing from the house, then hastened
into the city to report what he had heard to FitzGibbon. Whether in confidence, or whether the informant was one of his own sons, and he feared the
lad's interest and excitement had exaggerated the
importance of what he had overheard, and did not
wish his name mentioned, my memory fails to recall ;
the chief' item impressed on my childish mind being

that some important intelligence was obtained througha window sash propped open with a reel of cotton,
and that the rider had such loving control over his
horse that he was enabled to ride away undiscovered,
and convey the tidings to the colonel.
FitzGibbon merely says that as night approached
he became more apprehensive of impending danger,
and consequently determined to sleep at his office in
the Parliament House until he considered the crisis
over. Late in the day he invited several of his
friends to spend the evening with him, an invitation
readily accepted. Although they might not share
his apprehensions, many were willing to share his
vigils. Fitz Gibbon was an excellent raconteur, and
is frequently spoken of as "one of the most entertaining and amusing men of his day." Few of the
men of his acquaintance would refuse to spend the
night with him.
About ten o'clock, some other incident occurring,
the detail of which he does not give, FitzGibbon
deemed it as well to inform His Excellency of his
fears for the night, and his intention of remaining at
the buildings. He found upon reaching Government
House that Sir Francis had retired for the night.
Looking back now upon the insistence of the man,
one cannot but acknowledge that he must have been
regarded as an intolerable nuisance by those who did
not share his apprehensions, and this disturbing of
vice-regal slumbers a great annoyance.
In vain Mrs. Dalrymple protested that her brother
(

`

208

OUTBREAK OF THE REBELLION.

A VETERAN OF 1812.

was fatigued, and that it was hard that he should
be disturbed. FitzGibbon insisted, and the Governor
came down in his dressing-gown to hear what he had
to say, and no doubt returned to his rest in nowise
more convinced than hitherto, and possibly in no
very amiable mood. An hour later, information was
brought to FitzGibbon that the rebels were actually
approaching the city in force from the north.
Sending Mr. Cameron, one of his rifle corps, to
ring the college bell, FitzGibbon mounted a horse
belonging to the House messenger and kept in a
stable close at hand, and galloped from house to house
in the west end of the city, warning the occupants
and bidding them hasten to the Parliament buildings,
armed, as the rebels were then approaching the city.
The college bells were rung, but the city bells were
still silent. Annoyed and anxious lest nothing but
a confused, unarmed body of citizens should assemble, to fall an easy prey to the rebels, and knowing
that even momentary success would swell the rebel
ranks, FitzGibbon rode to the cathedral. Finding
the doors still locked, he shouted for someone to
run for the keys ; then, when to his impatience the
messenger seemed long in returning, he called for
axes to break open the doors. The keys, however,
arrived in time to prevent other means being resorted
to ; the doors opened and the bells rung, but not until
half an hour of what might have been valuable time
was lost. FitzGibbon had relied on the promise given
him by, the Mayor, that the city bells should be rung
,

209

as soon as the ringing of the college bells gave the
alarm.
Giving directions that the cases containing the
arms in the City Hall should be opened, and their
contents distributed to the men as they came in, FitzGibbon, accompanied by two students, who were also
mounted, rode up Yonge Street to ascertain what progress the rebels were making toward the city. Reaching the ravine opposite Rosedale without encountering
any rebel force, FitzGibbon began to fear that his
alarm was premature, and that he had laid himself
open to ridicule by his extraordinary proceedings
and excitement. He determined, however, to guard
against possible contingencies and carry out his plans.
He saw there would be time to place a picket on
Yonge Street, to check the expected advance of the
rebels, but before turning to retrace his steps, he expressed a regret that he had not a few more mounted
and armed men with him, as he might then have
ridden on to Montgomery's, the reported headquarters
or rendezvous of the enemy, and reconnoitred his
position more satisfactorily. The two lads eagerly
volunteered to do so, but FitzGibbon was very reluctant to allow them to undertake such a service.
One of them, Mr. Brock, had been sent out to Canada
and placed under his especial care by his father,
Major Brock, who had served with FitzGibbon in the
49th, and had since proved himself a most generous
and kind friend.
Not wishing to expose his friend's son to unneces-

210

A VETERAN Or 1812.

AN ANXIOUS NIGHT.

sary danger, FitzGibbon at first refused, but the lads
were so anxious and so confident no harm would
happen them, that he at length consented and returned
to the city without them. He had not ridden many
yards before he met Mr. Powell, one of the city aldermen, and Mr. McDonald, the wharfinger, also riding
out to learn what truth there was in the rumors of
rebels mustering at Montgomery's. FitzGibbon hailed
them with satisfaction, begged them to ride on quickly
and overtake Mr. Brock and Mr. Bellingham, and
continued his way, relieved of some of his anxiety
concerning the lads. FitzGibbon's surprise was therefore great upon arriving at Government House a short
time after to find Mr. Powell there before him. Mr.
Brock and his friend had been met and taken prisoners
by the rebels within a few minutes of their parting
with FitzGibbon and Mr Powell, encountering them
directly after, had been summoned to surrender hinhself also. Instead of complying, he had fired at and
shot their leader, then turning his horse had galloped
back to town. Finding the toll-bar shut, and no one
replying to his shout, fearing pursuit, he had left his
horse and made his way across the fields to Government House, where he found the Governor still in
bed, the clamor of the bells not having disturbed him.
Mr. Powell's report roused him to the reality of the
impending danger, and for the first time he was ready
to take Fitz Gibbon's advice, though it was only to
dress himself and come with him to the market-place.
While FitzGibbon was thus escorting the Lieut.-

Governor to the centre of defensive operations, the
City Hall, Judge Jones, who had grumbled at the
over-zeal of FitzGibbon when wakened by his messenger an hour before, had also realized the necessity for
action. He had formed a picket, and marched it out
to the toll-bar on Yonge Street. Riding thither,
Fitz Gibbon learned that the rebels, alarmed by the
fall of their leader and the ringing of the city bells,
had returned to Montgomery's. Sentries were then
carefully posted. The remainder of the night was
spent in arming and organizing the citizens.
One of the first men FitzGibbon had roused when
warned of the approach of the rebels was the Assistant Adjutant-General, Colonel Foster. To him, more
than perhaps to any other member of the Government, was due the rapid and effective organization
of the mass of excited citizens—who had rushed
unarmed, and in many cases panic-stricken, to the
market-place—into an orderly defensive force.
FitzGibbon speaks in one of his letters of this
night as one of the most anxious he ever spent. If
we consider the nature of the service required of him,
we may realize his anxiety. He had to deal with an
excited mob, hastily aroused from their beds, many of
them sympathizers with or theselves -unavowedly
rebels, crowding to thi(City jl 11 unarmed, but ready
to seize the weapons served out (without any possibility of distinguishing friend from foe), and use
them either in attack or defence, whichever side scored
the first success and turned the scale ; but recently,

211

213

A VETERAN OF 1812.

WILLIAM RYERSON'S LETTER.

almost at the eleventh hour, appointed to the command, having no regular soldiers, men who fall into
the ranks mechanically at a word and obey orders in
silence ; with militia regiments insufficiently officered
amid the darkness, the clamor of the bells mingled
with the excited exclamations of the mob ; the panic
caused by the flying rumors and exaggerated reports
of the extent of the outbreak (rumors circulated by
Mackenzie's friends and sympathizers), and the feeling of certainty that if the rebel force struck the first
blow with even partial success, hundreds who now
appeared loyal would join the standard of revolt.
Under such circumstances, we can not only realize
FitzGibbon's anxiety, but can understand the value
of the few old military officers and men upon whose
technical and practical knowledge, as well as loyalty,
he could rely.
The militia certainly deserved the chief credit and
great praise for service rendered under most trying
circumstances, but the assistance of men like Colonel
Foster was a large factor in the organization of the
people into a force capable of guarding the city.
FitzGibbon speaks later of Sir Francis Head's desire
to act through the militia rather than through those
who had any pretensions to military experience, as if
regardless of the injury he must do by neglecting to
avail himself of the professional services at his disposal, giving as an instance in point Sir Francis'
refusal to accept an officer formerly belonging to the
68th Light Infantry as his aide-de-camp, requesting

that FitzGibbOn should send him a militia officer to
act in that capacity on Thursday, December 7th.
This policy of the Lieut.-GOvernor may in a
measure account for the absence of many names in
the various accounts of that period and the prominence given to the militiamen in the excitement in
Toronto during the first few days of the rebellion in
Upper Canada.
By sunrise on Tuesday, the men were formed in
platoons in the Market Square, the one gun, a 6pounder, mounted and loaded in front of the City
Hall.*
Rumors reaching FitzGibbon that the rebels, having
retired to Montgomery's, were felling trees and fortifying their position, 116 rode out to ascertain what
truth there might be in the report. He was accompanied by Captain Halkett of the Guards, Sir Francis'

212

.1‘

*Extract from William Ryerson's letter to Dr. Ryerson, December 5th, 1837 :
" Last night about twelve or one o'clock the bells rang with great
violence ; we all thought it was the alarm of fire, but being unable
to see any light we thought it was a false alarm, and we remained
quiet until this morning, when on visiting the market-place I found
a large number of persons serving out arms to others as fast as they
possibly could. Among others, we saw the Lieut.-Governor, in his
every-day suit, 41111h one double-barrelled gun in his hand, another
leaning against his breast, and a brace of pistols in his leathern belt.
Also Chief Justice Robinson, Judges Macaulay, Jones and McLean,
the Attorney-General and Solicitor-General, with their muskets,
cartridge boxes and bayonets, all standing in ranks as private
soldiers, under the command of Colonel FitzGibbon." (" Story of
my Life," P. 177.)

214

215

A VETERAN OF 1812.

SHERRIFF JARVIS' PICKET.

aide-de-camp and four others. The rumor was with
out foundation, the road was open and the position of
the rebels such that FitzGibbon felt confident a prompt
attack would certainly disperse them without much,
if any, loss. Full of this opinion he returned, and
going at once to Sir Francis, begged to be allowed to
march three hundred of the five hundred men then
in the Market Square, with the 6-pounder, to attack
the enemy at once. To his surprise and indignation
Sir Francis replied : " No, sir, I will not fight them
on their ground ; they must fight me on mine."
In vain FitzGibbon urged the advisability of making an attack upon the rebels before their number
increased. In vain he represented how much less the
loss of life and property would be if the rebels were
defeated or dispersed before they entered or attacked
the city—how much less difficult to surround and
defeat them on their own ground, or to defend one.
entrance to the city, if they should be even partially
successful in resisting the attack, than to guard and
watch the many approaches by which their most
powerful weapon, incendiarism, might enter it.
Sir Francis would listen to none of his arguments
or entreaties. Finding that persistence only aroused
irritation, FitzGibbon reluctantly desisted.
Tuesday was spent in further preparation. The
picket posted by Judge Jones on Yonge Street had
been withdrawn in the morning, and as the evening
approached FitzGibbon undertook to form another to
mount guard during the night.

While selecting and drawing up the men, Sir
Francis saw him from a neighboring window, and
sending for him demanded, " What are you doing ? "
Upon FitzGibbon replying that he was forming a
picket to place on Yonge Street, he ordered him peremptorily not to send out a man. FitzGibbon urged
not only the importance but the absolute necessity of
not leaving the road open and unguarded. Sir Francis
only reiterated his command.
" We have not men enough to defend the city. Let
us defend our posts, and it is my positive order that
you do not leave this building yourself."
FitzGibbon protested against such an arbitrary
command, but Sir Francis only repeated it. Disgusted
at such ignorance, and annoyed that he should be the
victim ; feeling that he was being treated like a child
who had been given a task to do, and then told he
was incapable of attempting it, FitzGibbon left the
room—not, however, to obey. He was not a man
to give up what his knowledge of military tactics
and night fighting, as well as the possible designs of
the rebel force, such as had flocked to Mackenzie's
standard, told him was the right and best course to
pursue. The picket posted on Yonge Street was a
necessary precaution, and, Sir Francis' commands to
the contrary; he meant to so post it. He only did
out of His Excellency's sight what he would otherwise have done under his eyes. He formed the picket,
placed it under the command of Sheriff Jarvis, marched
it out, and posted it himself.

216

A VETERAN OF 1812.

Upon his return, he went directly to Sir Francis,
reported himself and told what he had done. Sir d
Francis rebuked him angrily, but in milder terms than I
he had expected.
An hour afterwards, when tidings were brought to
Sir Francis that the sheriff and his picket had been
taken prisoners by the rebels, he turned to FitzGibbon
and reproached him bitterly for his disobedience. But
the soldier scoffed at the report. The sheriff was no
fool ; the pickets had been well posted, and directions
for their guidance too carefully given for such a result ; and though Sir Francis' wrath was somewhat
appeased by the arrival of a second rumor that the
picket had escaped, FitzGibbon was . as incredulous
of it as of the first. When, a short time after, Mr.
Cameron came from the sheriff to report to the Governor that the enemy had approached the picket, been
fired upon and fled, leaving several of their men dead
upon the road, Sir Francis acknowledged, by desisting
from his reproaches, that FitzGibbon had acted advisedly.
A few minutes later, an anonymous letter was
handed to Sir Francis, warning him that the rebels
intended to come in before day and set fire to the
city in several places simultaneously, in the hope of
distracting its defenders or driving them from their
positions, especially their stand at the City Hall,
where the arms and ammunition were stored.
A was ascertained the following day that the party

AN IMPRUDENT ORDER.

217

driven back by Sheriff Jarvis' picket had been despatched by the rebel leader for this purpose.
Alarmed by this letter for the safety of the spare
arms, Sir Francis gave orders that they should be
removed to the Parliament Buildings, which, being
isolated, were less accessible to an incendiary. There
were no wagons or other means of transport available. It was midnight, cold and dark, the roads
were bad, and the men weary from watching and
excitement.
FitzGibbon knew that if Sir Francis Head's plan
of ordering the men to leave their loaded weapons at
their posts, shoulder half-a-dozen of the spare unloaded arms and convey them to the Parliament
House, was carried out, nothing but confusion and
probable disaster would be the result. Uncertain of
the loyalty of many of the men armed to defend the
city, if opportunity arose of helping the rebels ; certain that they were surrounded by spies and sympathizers who would advise their friends of any
such proceedings, FitzGibbon opposed the Lieut.Governor by every argument and persuasion he could
think of or advance.
Sir Francis pelipted, and remembering how recently his orders ha'd been openly disobeyed, he
appeared the more obstinately determined that this
one should be executed. FitzGibbon was in despair.
He continued to remonstrate, assuring Sir Francis
that if he would allow the arms to remain where
they were till daylight, he would himself undertake
14

218

A VETERAN OF 1812.

to place reliable men in positions that would enable
them to keep the rebels at such a distance as would
ensure their safety, for he apprehended the very worst
results from such a movement as Sir Francis ordered
being made in the dark.
Fortunately at this moment a shout from the street
announced the arrival of Col. Macnab, with upwards
of sixty men, from Hamilton. Turning to the Lieut.Governor, FitzGibbon said : " N ow, sir, we are safe
till morning, for with this reinforcement you can
guard every approach to any distance from which we
can be injured." Sir Francis yielded, although' FitzGibbon had seized upon the arrival more as an argument by which he might gain his point, than because
he thought the additional number made any appreciable difference in their security from the fire-brands
of the rebels.
The remainder of the night passed without dis-,
turbance, and on the following day the arms were
transferred to the Parliament Buildings.
During the day (Wednesday) volunteers and militia
came in from Hamilton and Niagara by water, and
from the country by the eastern and western roads.
The city was soon crowded. There was not a sufficient
commissariat for the moment, supplies were not conveniently available, the householders had to hide
away their provisions to ensure a bare subsistence for
themselves, and the danger of a famine was more to
be dreaded than any attack from the rebels. It became an imperative necessity to attack them e to defeat

EXASPERATING DELAY.

V1t

219

their enemies and disperse their friends with the
least possible delay.
During the day the Attorney-General met FitzGibbon in the corridor of the Parliament House, and
showed him a militia general order appointing
Colonel Macnab to the command of the militia in
the Home District, to which his (FitzGibbon's) name
was affixed. Indignant at finding his name appended
to a document he had never before seen, FitzGibbon
was about to demand, in no measured terms, who had
dared to act for him ; but reflecting how important it
was that he should not add to the already great difficulties which must arise where such a number of men
and officers from all parts of the country had come
together, and, without any regular organization, were
to march against the common foe, he said nothing.
Night came on and no orders were given by Sir
Francis for the attack.
FitzGibbon waited until eight o'clock ; then, too
anxious and impatient to delay longer, he went to
Government House in search of Sir Francis Head, and
was told the Lieut.-Governor was at the Archdeacon's.
On returning to his office he met the Hon. William
Allen and Mr. Draper. He asked them to go with
him to Sir Francis and urge an attack being made on
the following morning.
After discussing the matter for nearly two hours
without arriving at any conclusion more definite
than a promise from Sir Francis that he would give
4

orders to attack the rebels on the, following day,

220

A VETERAN OF 1812.

FitzGibbon rose to leave. Sir Francis had, unknown
to FitzGibbon, promised Colonel Macnab the command.
FitzGibbon, naturally concluding that, as AdjutantGeneral and the man upon whom so much had
devolved, he was in command, could not understand
His Excellency's hesitation in giving him the necessary ordeks,
Now, although his attention was drawn to it by
Mr. Allen, the question was still undecided when he
left to attend to other pressing duties.
After visiting the pickets and guards FitzGibbon
went home. He had had no rest since Sunday night.
Learning that some suspicious-looking people had
been _fired at in the neighborhood of his house, he
deemed it wiser to return to his office, where be slept
until four o'clock on Thursday morning.
Believing that he should eventually be given the
command, he spent the first half-hour on awaking
in drawing a rough memorandum for the attack. As
it may be interesting to those curious about such
details to give this roughly-sketched memorandum
here, I copy it from the original draft. It is written
on coarse foolscap and docketed
December 7th, 1837.
ROUGH SKETCH OF DISTRIBUTION FOR THE ATTACK
THIS MORNING:
Colonel Macnab.
Lieutenant Nash .......... 1st Company .......... Advance Guard.
"
Coppinge ..2nd
"
"
Garrett....3rd
"
Major Draper.
Henry Sherwood.

b1SPOSITION OF THE FORCES.

2$4

Two Guns.
Captain Wm. Jarvis ............ 1st Company .......... Battalion.
"
Campbell .................. 2nd
"
Nation ..................... 3rd
Taylor .................... 4th
Jno. Powell
. 5th
Henry Sherwood
6th
Henry Draper
7th
Donald Bethune ...............
8th
Colonel Samuel McLean .
Lieutenant Cox to aid.
Lieut.-Colonel Geo. Duggan.
Major Jno. Gamble.
Judge Macaulay.
Colonel McLean.
"
Jones ......................................
For
the left Battalion.
Jno. Macaulay.
Captain Macaulay.
"
Durnford.
Artillery.
Captain Mathias.
Major Carfrae.
Captain Leckie.
Dragoons.
Three Companies in front.
One Gun, Major Carfrae.
Four Companies :
The men of Gore, under Colonel Macnab.
One Gun.
Four Companies :
Right flank under Colonel S. Jarvis.
One Company Men of Scarboro' in the woods with
Colonel McLean (Allen).
Left flank under Colonel McLean (Archibald).
Two Companies under Colonel Jones.
CC

CC

C C

Whether or not this disposilon of the force was
afterwards adhered to, there zigs no record among
FitzGibbon's papers. It may have been altered.

222

A VETERAN OF 1812.

We find when Sir Francis declined to accept the
services of Captain Strachan as his aide-de-camp for
the day, that FitzGibbon sent Henry Sherwood in
his stead, and asked Captain Strachan to remain near
him during the attack upon the rebels.
Trifling as these details appear to us now, they are
indicative of the antagonism and irritating friction
-between the two men, as well as finger-posts pointing
out the cause of much misunderstanding. They also
show the influences under which each acted according
to his knowledge or characteristics, or was swayed
by the impulses of the moment.
The question of who should be given the command
was still unanswered. FitzGibbon would not ask it
himself, yet no one else seemed to be moving in the
matter. While in this uncertainty, Judge Macaulay
and the Hon. John Macaulay came into his room,
anxious to learn what were the plans for the day..
FitzGibbon told them what had passed at the Archdeacon's the previous evening, and asked if they
would go to Sir Francis, who was sleeping in a room
near by, and ascertain his wishes. A few minutes
later, FitzGibbon was sent for. He found Colonel
Macnab also by Sir Francis' bedside.
The scene must have been a curious one : the
dishevelled, half-roused Lieut.-Governor resting on
his elbow in the camp-bed, the rival commanders on
either side of him ; the two Macaulays, one of them
an old comrade and friend of FitzGibbon's early days
in the country, one who had fought beside him in

A DRAMATIC SITUATION.

223

the campaign of 1814, and knew his military abilities and reputation, standing by, interested spectators
of the scene. Here, too, was an opportunity for
the exercise of the Lieut.-Governor's fondness for
" rounded periods " and " love of epigram."* He did
not lose it. FitzGibbon says : " He raised himself up
and said that he ' found himself in a painful position,
having as rivals before him two officers of equal zeal,
of equal bravery, and of equal talent, competing for
the command.' "
The last comparison roused our hero's indignation.
Colonel Macnab's pretensions to military knowledge
or talent were drawn from a cadetship of one year,
an ensign's commission for less, and no rank at all in
the militia until after FitzGibbon had held that of
full colonel. No wonder he stepped back and looked
at Sir Francis. The situation was dramatic. One
regrets that some sketch or cartoon of it has not
come down to us from the pen of one or other of the
two witnesses. The result of the interview was a
request from the Lieut.-Governor that FitzGibbon
and the Macaulays would leave him to settle the
question with Colonel Macnab. After waiting half an
hour in the corridor, they were recalled, and told that
Colonel Macnab had released him from his promise,
and the command was given to Colonel FitzGibbon.
Without a single thought or reflection on what
* Lord Melbourne's speech in the British House of Commons, on
Sir Francis and the Rebellion.

224

A VETERAN OF 1812.

ROUT OF THE REBELS.

might be the terms of such a surrender, FitzGibbon
shook hands with Colonel Macnab, and hurried away
to do what he thought had been already delayed too
long —to organize the force for the attack.
FitzGibbon never blamed Colonel Macnab in any
way for this rivalry, if so it can be called—hen
but did as he was told. The two men were always
great friends ; Sir Francis' extraordinary behavior
roused no jealousy nor caused misunderstanding between them. Although Colonel Macnab received the
honor of knighthood at the hands of Her Majesty
and a sword from the colonists for his share in quelling the rebellion, FitzGibbon was at the time about
to be rewarded in a manner more adequate to his
needs, and the fact that he ,never received it caused
no more than a passing comparison with Colonel
Macnab's better fortune. That Macnab was equally
generous will be seen later.
Few whose knowledge of Canadian militia is limited
to the fine body of well-drilled men forming any of
our city regiments of to-day, can realize the difficulty
of forming the militia of 1837—many of them but
raw levies from the scattered settlements throughout
the country—into an effective attacking army. The
moment the column marched, FitzGibbon's spirits
rose. He was confident of success—success, too, without much, if any, attendant bloodshed. He had no
doubt but the rebels would fly after a brief resistance,
if they stood their ground at all. These expectations
were, as we know, realized. The rebels fled in haste ;

--

225

the attacking force broke their ranks and pursued in
such disorder that it was little more than one crowd
running after another.
Fearing lest the rebels might take advantage of
the disorder in the ranks of their pursuers and rally,
FitzGibbon kept well in the advance, that in the
event of his fear being realized, he might make an
effort to re-form at leaSt a portion of his men. It was
not required ; the enemy fled in all directions. The'r
leader, Mackenzie, being very closely pressed, left his
horse and took to the woods on foot.
Giving up the pursuit and returning, FitzGibbon
met a party of about forty .men. Asking the officer
in command where he was bound for, he received the
reply that they had been ordered to burn Gibson's
house. Montgomery's was already in flames, having,
much to FitzGibbon's regret, been set fire to by some
of the more excited of the loyalists, but Gibson's house,
being out of the way some two miles, had hitherto
escaped.
Believing there must be some mistake, as nothing
could be gained by such action, the officer repeating
that he had positive orders, FitzGibbon rode rapidly
after the now returning main body, in order to ascertain from Sir Francis if he had given the command.
Before reaching him he was met by Mr. Sherwood,
Sir Francis' aide-de-camp, with the intimation that
" the Lieut.-Governor wished the men recalled who
who were going to burn Gibson's house, as he did
not wish it burned." Sending Capt. Strachan to over-

226

A VETERAN OF 1812.

take the detachment and countermand the obnoxious
order, FitzGibbon rode on himself to the main body.
A few minutes later he was called and told that
His Excellency wished to see him immediately at the
head of the column FitzGibbon obeyed the summons, and to his surprise the order to save Gibson's
house was countermanded. He endeavored to remonstrate, but Sir Francis was obstinate. He laid his
hand on FitzGibbon's arm as he rode along beside
him, and repeated, authoritatively :
"Hear me ; let Gibson's house be burned immediately, and let the militia be kept here until it is done."
Then setting spurs to his horse, he rode on rapidly
towards town.
It was late. The men had had a fatiguing day ; they
were cold, weary and hungry. There was no necessity to keep the entire force waiting while the order
he so utterly disapproved of was carried out. Fitz- .
Gibbon reined back his horse until the main body
had passed, wheeled out the last division, and sent
them northward. Turning to the field officer, whose
name he does not give, he bade him take the command and see the order executed.
" For God's sake, Colonel FitzGibbon," the officer
replied, " do not send me to carry out this order."
" If you are not willing to obey orders," said the
colonel, " you had better go home and retire from the
militia."
" I am very willing to obey orders, but if I- burn
that house, I shall be shot from behind one of these

13URNING OF GIBSON'S HOUSE.

227

fences, for I have to come over this road almost every
day in the week."
In the meantime the two men were left alone, the
main body returning to town, the detachment wheeled
out for the special service on the way north. There
being no other officer at hand to whom to entrust the
command of the latter, FitzGibbon determined to
undertake it himself.
Sir Francis Head's despatch to the Colonial Office,
December 19th,* so misrepresented his action with
regard to the burning of Gibson's house, that upon
perusing it in the following April, FitzGibbon wrote
a clear statement of the truth to Lord Glenelg,t with
the result that Sir Francis was obliged to append a
footnote to the page in his " Narrative," acknowledging the falsehood contained in his despatch. Curt as
are the words, " By my especial order," they suffice to
show how reluctant the writer was to proclaim his
former statement to be false—to prove that, had there
been a loop-hole of escape, he would have seized it.
* " The militia advanced in pursuit of the rebels about four miles
until they reached the house of one of the principal ringleaders,
Mr. Gibson, whose residence it would have been impossible to have
saved, and it was consequently burned to the ground." (Sir Francis' Despatch, December 19th, 1837. See Appendix VII.)
t Although this statement was written on April 17th, and placed
in Sir George Arthur's hands to be transmitted to Lord Glenelg,
FitzGibbon was persuaded by his friends to withdraw it ; but upon
reading a further production of Sir Francis' pen published in May,
FitzGibbon could no longer withhold his letter. A copy of the
original will be found in Appendix VIII.

228 A 'VETERAN OF 180.

FitzGibbon always deplored this act. It was not
only unnecessary, but impolitic and petty. Had the
order been given him in private, or before a limited
number, as other of Sir Francis' commands had been,
FitzGibbon would have taken the responsibility of /
disobeying it, as he had done before. But an order
given by a commander-in-chief to his second in command, in the hearing of a number of subordinate
officers, and in the presence of the men, has no alternative : it must be obeyed, however reluctantly.
The deed was done, the rebel Gibson's house razed
to the ground, and FitzGibbon returned with the
detachment to town. Dismissing the men, and ascertaining that the guard at the Buildings had been
relieved, he turned his steps to his own house. He
was weary, mentally as well as physically. The restless excitement and anxiety of the past few days, the
want of sleep, the irritation and annoyance caused by
the Lieut.-Governor's behavior, the heart-sick disgust
he felt at having been forced to do a deed his very soul
abhorred—one that seemed to him unchristian and
beneath the dignity of a true British soldier—and the
long hours in the saddle unheeded during the excitement, told upon him now that the need for action
was past. By the time he reached his own door, late
on that winter evening, he was unable to dismount
without assistance.
So bitterly did he feel the treatment he had re- ceived at the hands of the Lieut.-Governor, that on
the following morning, finding himself unable to rise

RESIGNS OFFICE.

229

from his bed, he sent a verbal message to Sir Francis, ∎•
resigning the recently bestowed appointment as
Adjutant-General. The blow had fallen, the rebellion he had so persistently and in the face of opposition and ridicule prophesied, had broken out, but,
owing to his foreknowledge, energy and determination, had not succeeded. The country was now
thoroughly roused to a sense of the reality of the
rebellion, there were men willing and anxious to
defend their homes and prove their loyalty to the
British Crown, and his services were no longer indispensable or necessary.
" I could not," he writes, " serve the Province advantageously to its interests under the immediate
command of such a man as His Excellency, and I felt
constrained to resign an office in the Provincial service which, above all others, I desired to hold. Its
duties were familiar to me, and to their efficient
performance I could cheerfully have devoted my
best energies."
Sir Francis, without one word of regret or enquiry
of the cause, accepted the resignation, and appointed
Colonel Macnab to succeed him.
Ill enough to be confined to the house for several
days, his youngest child dying, his wife ailing, the
long coveted position given up, and entirely neglected
by the Lieut.-Governoi, who did not pay him the
ordinary courtesy of conventional enquiry, we may
understand something of the soreness and disappointment felt by the generous, loyal, enthusiastic heart.