who resented any interference with a state of things
which favoured themselves and their friends, and were
not desirous of an investigation into the management
of public affairs. The subsequent treatment of
Mr. Gourlay was shameful in the extreme. He was
declared a most dangerous character when he followed
up his circular by a pamphlet, attacking the methods
by which public affairs generally were conducted,
and contrasting them with the energetic and progressive
system on the other side of the border. The indignation
of the officials became a positive fever when he suggested
the calling of public meetings to elect delegates
to a provincial convention—a term which
recalled the days of the American revolution, and
was cleverly used by Gourlay’s enemies to excite
the ire and fear of the descendants of the Loyalists.
Sir Peregrine Maitland succeeded in obtaining from
the legislature an opinion against conventions as
“repugnant to the constitution,” and declaring
the holding of such public meetings a misdemeanour,
while admitting the constitutional right of the people
to petition. These proceedings evoked a satirical
reply from Gourlay, who was arrested for seditious
libel, but the prosecutions failed. It was then
decided to resort to the provisions of a practically
obsolete statute passed in 1804, authorising the arrest
of any person who had resided in the province for
six months without taking the oath of allegiance, and
was suspected to be a seditious character. Such
a person could be ordered by the authorities to leave
the province, or give security for good behaviour.
This act had been originally passed to prevent the
immigration of aliens unfavourable to England, especially
of Irishmen who had taken part in the rebellion of
1798 and found refuge in the United States. Gourlay
had been a resident of Upper Canada for nearly two
years, and in no single instance had the law been construed
to apply to an immigrant from the British Isles.
Gourlay was imprisoned in the Niagara gaol, and when
his friends attempted to bring him out on a writ of
habeas corpus they failed simply because Chief
Justice Powell, an able lawyer of a Loyalist family
and head of the official party, refused to grant the
writ on a mere technical plea, afterwards declared
by the highest legal authorities in England to be
entirely contrary to sound law. Gourlay consequently
remained in prison for nearly eight months, and when
he was brought again before the chief justice, his
mental faculties were obviously impaired for the moment,
but despite his wretched condition, which prevented
him from conducting his defence, he was summarily
convicted and ordered to leave the province within
twenty-four hours, under penalty of death should he
not obey the order or return to the country.