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The Ancaster “Bloody Assize” of 1814 William Renwick Riddell

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The Ancaster “Bloody Assize” of 1814 William Renwick Riddell Document généré le 23 sept. 2021 18:53 Ontario History The Ancaster “Bloody Assize” of 1814 William Renwick Riddell Special Issue: The War of 1812 Volume 104, numéro 1, spring 2012 URI : https://id.erudit.org/iderudit/1065394ar DOI : https://doi.org/10.7202/1065394ar Aller au sommaire du numéro Éditeur(s) The Ontario Historical Society ISSN 0030-2953 (imprimé) 2371-4654 (numérique) Découvrir la revue Citer cet article Riddell, W. R. (2012). The Ancaster “Bloody Assize” of 1814. Ontario History, 104(1), 185–205. https://doi.org/10.7202/1065394ar Copyright © The Ontario Historical Society, 2012 Ce document est protégé par la loi sur le droit d’auteur. L’utilisation des services d’Érudit (y compris la reproduction) est assujettie à sa politique d’utilisation que vous pouvez consulter en ligne. https://apropos.erudit.org/fr/usagers/politique-dutilisation/ Cet article est diffusé et préservé par Érudit. Érudit est un consortium interuniversitaire sans but lucratif composé de l’Université de Montréal, l’Université Laval et l’Université du Québec à Montréal. Il a pour mission la promotion et la valorisation de la recherche. https://www.erudit.org/fr/ The Ancaster “Bloody Assize” of 1814* by The Honourable William Renwick Riddell, LL.D., F.R.S.C., etc. Justice of the Supreme Court of Ontario he war of 1812­15 produced Abraham Marcle2 was at the in the Province of Upper general election of 1812 elected to TCanada many interesting the House of Assembly to represent results; one of the most interest­ Haldimand County and Saltfleet, ing from a legal point of view was Ancaster, etc., in the Sixth Par­ the Session of the Court of Special liament of Upper Canada. He was Oyer and Terminer and Gaol Deliv­ one of those settlers in the prov­ ery holden at Ancaster in May and ince who had been attracted from June, 1814, for the trial of certain the United States by the offer of inhabitants of the province for the freeland: notwithstanding his pro­ highest crime known to the law, testations it is reasonably certain High Treason.1 that he was never loyal to British We Canadians are rather given connection and that he was one to vaunting the loyalty of our peo­ of the original “hyphenates.” On ple; but it must be admitted that the outbreak of hostilities, he was while the vast majority of Canadi­ suspected of disloyalty by reason ans in 1812, on the declaration of of his previous conduct in word war and invasion of the province, and deed: he was arrested on sus­ took their stand unflinchingly un­ picion and the British squadron der the Old Flag, there were some cruising on Lake Erie in June and in almost every section of the July, 1813, took him a prisoner province who were traitors—some to Kingston, whence he was sent openly joined the invading forces, to Sir George Prevost, the Gov­ some made their way across the ernor­General in Lower Canada. lakes or boundary rivers to the There, protesting his loyalty, he United States. was, after a few days detention, It is not intended in this paper given his freedom to return to his to discuss the question generally, farm, but only on the assurance but rather to deal with the prison­ that he would demean himself ers who were called to stand at the as a loyal and peaceable subject, Bar for trial at the Ancaster Spe­ that he would appear before the cial Court of Oyer and Terminer, Chief Justice and other members sometimes in later days called the of the Executive Council at York “Bloody Assize.” and enter into such recognizances *This article originally appeared in the Ontario Historical Society’s Papers & Records, vol. 20 (1923), 107­27. Ontario History / Volume CIV, No. 1 / Spring 2012 ONTARIO HISTORY as should be required for his good the prisoners were about fifteen behaviour.3 inhabitants of the province. The next heard of him was All the prisoners who were in­ late on in the same year, when, habitants of Canada were sent it is said, he joined himself with down to York Gaol by Lieutenant some other Canadians to a small Medcalf and Colonel Bostwick,6 detachment of the enemy’s forces his superior officer. Bostwick also under the command of Lieuten­ sent down others charged with ant Larwell, which was proceed­ treason. Of course those from the ing from near the Thames to Long United States were held as prison­ Point, Lake Erie. He acted as their ers of war; they were not traitors. guide, if not their instigator;4 and, Some of these prisoners, on Feb­ as the Norfolk Militia had been ruary 7, 1814, made a represen­ disbanded, the marauder had an tation to the Governor that they easy prey. had been taken by militia squads But Henry Medcalf, a lieuten­ under command of Colonel Hen­ ant of the Norfolk militia, got to­ ry Baustwick about December 1, gether three sergeants and seven that they had been confined ever men of his old regiment, marched since, that they had families of in the depth of winter (December small children in the County of 16) to Port Talbot, sixty­five miles Norfolk, and they asked for a trial away, where he was joined by two if they were charged with crime, officers, one sergeant and seven offering to furnish bail if the al­ men of the Middlesex militia, and a leged offences were bailable.7 The sergeant and six troopers of Cole­ appeal was in vain. man’s Dragoons. The little army The responsible law officers of marched to Chatham, increasing the Crown at that time were John there the force by a lieutenant and Beverley Robinson. Acting Attor­ eight men of the Kent militia; and, ney­General, and D’Arcy Boulton, hearing that the enemy’s detach­ Solicitor­General:8 but Boulton ment and rebels were fortifying was a prisoner in France, and the themselves in the house of one whole burden of the prosecution Macrae, they left behind their sick of the criminal law fell upon the and exhausted, and the remaining shoulders of the young Attorney­ twenty­eight proceeded against General. the improvised fort. Sergeant Mc­ The representation of these Queen of the 2nd Norfolk Mili­ prisoners was submitted to Rob­ tia smashed in the door with the inson, then, be it remembered, butt end of his musket, and in a not yet twenty­three years of age. short struggle the loyal Canadians Against one man9 he had, indeed, killed two and captured forty, two no charge; but, thought that he making their escape, one of them was “a person by no means prop­ being the traitor Marcle.5 Among er to be set at large”—he was an the ancaster bloody assize of 1814 alien taken under very suspicious Circuit’’ carried it and held the circumstances and sent down “Criminal Assizes.” The practice in December, 1813, by Colonel of issuing such commissions has Bostwick with some others from ceased for nearly three quarters of the District of London under a a century in this province, but the military guard to Major Glegg at power still exists in the Crown to Burlington; and by Gleggsent to issue one in case of need. York, where he was committed It was thought best to issue a to gaol under General Procter’s Special Commission of Oyer and orders. He was to be kept a pris­ Terminer to the three justices of oner of war. The rest were under the Court of King’s Bench: Chief charge of treason, a non­bailable Justice Thomas Scott, and Puisne offence, and would be tried at the Justices, William Dummer Pow­ proper time. The Court of King’s ell and William Campbell. Other Bench was busy in term and no names were added in the commis­ other court could, without a com­ sion, but they were merely formal. mission, try treason.10 That court Some of them might sit on the might have a trial at bar with all bench, but they took no real part the judges present on the bench, in the trial, as the judges conduct­ but that practice had its disad­ ed the proceedings without refer­ vantages, and the usual course ence to their “Associates.”12 was to issue a commission to cer­ Then as to the place of trial. tain persons, including a judge or At the Common Law all persons, judges of the King’s Bench, autho­ charged with crime, must be tried rizing those named in the commis­ in the shire or county where the sion to try criminal cases. The two alleged crime was committed, but kinds of commission were techni­ the Statute of (1541) 33 Henry cally known as Commissions of VIII, c. 23, enabled a trial for high Oyer and Terminer, and Commis­ treason to be had in any county. sions of Gaol Delivery. The former And the Parliament of Upper Can­ enabled the commissioners to try ada supplemented this measure all cases in which the indictments by one still more simple, dras­ were found before themselves, tic and effective in the month of the latter to try every one found March, 1814, so as to put beyond in the prison they were to deliver, all doubt the right of a Court of and each kind had its two variet­ Oyer and Terminer sitting any­ ies, general and special­special for where to try such offences com­ offences or offenders named, and mitted anywhere in the province. general for all offenders. While It was decided to have the trials at originally the two commissions Ancaster13 then a place of consid­ were distinct, by this time they erable importance, but now lost in were in practice contained in one the shadow of its near neighbour: document11 and the judge “going Hamilton.
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