aken off as it was
arbitrarily laid on," writes Mr. Jackson, "the sheriff dared not apply
for fees expended in holding possession under the writ, or the printer
sue for the money voted him by the House of Assembly for printing their
journals. The surveyors could not obtain the money they had actually
expended in the public service, nor the people find redress for extorted
fees. Therefore, when there was neither substance nor shadow of law or
justice, but the will of power was the rule of decision, the public mind
was agitated in the extreme, and universal gloom pervaded the Province."

The discontent produced by official tyranny was however almost impotent
as against the wrong-doers, who were so strongly entrenched in their
places that it seemed as though nothing could shake them. Many of them,
conscious of their misconduct, doubtless felt secret misgivings whenever
any specially significant outburst of popular dissatisfaction occurred.
But for many years they were able to present a united and brazen front,
and to crush anyone who dared to so much as wag a finger against them.
It was intimated on a former page that Robert Gourlay was not the first
victim of Executive tyranny. The first conspicuous victim of whom any
record has been preserved was Mr. Robert Thorpe, an English barrister of
much learning and acumen, who in 1805 was appointed a puisne judge of
the Court of King's Bench for Upper Canada. Previous to his arrival in
this country Mr. Thorpe had never been remarkable for any specially
liberal opinions, but he was a man of enlightened mind, and actuated by
an honest desire to do his duty. He was not long in perceiving that the
administration of justice in this Province was little better than a
hollow mockery. He resolved to do what one man could to restore public
confidence in the judicial bench, and his court erelong became a popular
forum for honest litigants, for it was evident to all that he held the
scales of justice with an even hand, and was not to be either cajoled or
bullied into perverting the law. Before he had been a twelvemonth in the
country he was known far and wide as an upright judge, and as a sort of
champion of popular rights. Grand juries took him into their confidence,
and tabulated their grievances before him. These were laid by him
before the authorities at York, upon his return from circuit; a
proceeding which was quite sufficient to bring down upon his head
the opposition of the faction wh