aborate despatch to Sir John Colborne, in which the weak
points of Mackenzie's arguments were exposed with cutting severity, and
wherein it was evident that very little weight had been attached to most
of his representations; but at the same time certain concessions to
popular opinion were plainly hinted at. When this despatch was submitted
to the Legislative Council and Assembly of Upper Canada at the ensuing
session it was treated with scant respect. The Upper House formally
declared that it did not regard it as calling for serious attention, and
returned it to the Lieutenant-Governor. The Assembly discussed the
propriety of sending it back, but finally resolved not to do so. Both
the Crown Law Officers made hot-headed speeches on the subject, and
referred to the Colonial Secretary in the most contemptuous terms.
Meanwhile, Mackenzie, who still remained in England, was in his absence
expelled from the Assembly a third time. On this occasion there was no
preliminary attempt to convict him of any fresh libel or breach of
privilege. The Law Officers of the Crown simplified the proceedings by
declaring that the House had a right to determine as to the eligibility
of members, and a resolution to that effect was moved and carried. It
was then resolved that the person returned for York was the same William
Lyon Mackenzie who had been twice expelled the House and declared unfit
to hold a seat therein; and that by reason thereof the said Mackenzie
could not sit or vote in the House as a member thereof. He was then
expelled for the third time, and a new writ was issued for the County of
York. The inhabitants of that constituency felt so much aggrieved, and
gave such loud-mouthed expression to their dissatisfaction, that no
candidate hostile to Mackenzie dared to present himself at the ensuing
election, and the choice of the people was returned by acclamation.
[Sidenote: 1833.]
The part taken by the Law Officers of the Crown in these repeated
expulsions was not acceptable to the Colonial Office. Neither was the
contemptuous manner in which they had seen fit to refer to the
Secretary's despatch written after the perusal of Mackenzie's memoir. A
missive on the former subject had been sent to Sir John Colborne some
months before the commencement of the session of 1832-3, the contents of
which seem to have been promptly communicated to Messieurs Boulton and
Hagerman.[154] Notwithstanding that communication, those gentlemen had
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