171]--an anomalous proceeding in view of the Speaker's
decision that he was not a member! He had thus been thrice expelled from
the House, and once excluded therefrom upon the ground that he was not a
member.

[Sidenote: 1834.]

It was by this time clear that from a House so constituted Mackenzie
could not expect to meet with fair play. Mr. Bidwell, Mr. Perry, and
others of his friends had all along spoken manfully on his behalf
whenever an opportunity of doing so had presented itself, but their
arguments had simply been thrown away. His pugnacious spirit was however
fully aroused, and he determined to exhaust every means before
abandoning his endeavours to take the seat to which he was entitled. He
applied to the Lieutenant-Governor for permission to take the oath
prescribed for members of the Legislature before his Excellency, or
before some one specially appointed for the purpose, under the
twenty-ninth section of the Constitutional Act of 1791.[172] The
question involved in this application was submitted to the
Attorney-General, Mr. Jameson, who pronounced the opinion that Mackenzie
was entitled to the privilege asked for. The matter was nevertheless
allowed to remain in abeyance for some weeks, as the hostile members of
Assembly had been worked up to a great pitch of excitement by the
incursion of the rural population, and were in no humour to tolerate
Mackenzie's presence. Meanwhile petitions to the Lieutenant-Governor
were sent in from various parts of the County of York, as well as from
other places. The language in some of these was of the most unmistakable
kind, and it was evident that endurance had nearly reached its limits.
On Monday, the 10th of February, Mackenzie, having taken the oath before
the Clerk of the Executive Council, and having obtained a duly attested
certificate of the ceremonial, ventured once more to present himself in
the Chamber of the Assembly.

The House was in Committee on the question of improving the navigation
of the St. Lawrence when he entered. The gallery was crowded with
spectators, most of whom were sympathizers with Mackenzie, and had
assembled there to impart to him a sort of outside numerical support. He
walked to the seat which he had once been accustomed to occupy, and
quietly sat down in it. Ere many minutes the Sergeant-at-Arms[173]
approached and requested him to withdraw. This he declined to do,
alleging that he was a member legally elected, duly sworn, and charged