Thomas Cushing Aylwin (January 5, 1806 – October 14, 1871) was a lawyer, political figure and judge in Lower Canada (now Quebec). He was born in Quebec City and trained as a lawyer, including a period of education at Harvard University. He developed a reputation as an excellent trial lawyer, particularly in criminal cases. He became interested in politics and supported the nationalist Parti canadien (later the Parti patriote) in their struggles with the British governors of the province. He did not support the armed rebellion in 1837, but defended some of the individuals accused of treason or other crimes for their roles in the rebellion.
After the creation of the Province of Canada in 1841, merging Lower Canada with Upper Canada, Aylwin was elected to the Legislative Assembly of the new province. Fluently bilingual, he was renowned for his debating skills in the Assembly, in either language, often with a fair bit of sarcasm. He served twice as the solicitor-general of Lower Canada, in the Reform ministries of Louis-Hippolyte Lafontaine and Robert Baldwin. In 1845, he fought a duel with a former Executive Council colleague, Dominick Daly, over Daly's lack of support for responsible government in the ministerial crisis of 1843.
In 1848, Lafontaine appointed Aylwin to the Court of Queen's Bench for Lower Canada, partly to make space on the Executive Council for another member of the Reform coalition. Aylwin served as a judge for twenty years, and continued to build on his reputation for detailed knowledge of the law, coupled with the ability to move quickly to the key points in issue in a case. His eloquence, now on the bench, continued to draw notice. However, in 1860 he had a stroke, which reduced his health and his mental acuity. He resigned from the bench in 1868, and died in 1871.
Aylwin was married three times, and widowed twice. None of his marriages produced children.
Early life and education
Aylwin was born in Quebec City in 1806, son of Thomas Aylwin and of Louise-Catherine Connolly.André Garon, "Aylwin, Thomas Cushing", Dictionary of Canadian Biography, Volume X (1871-1880), University of Toronto / Université Laval.John Charles Dent, "The Hon. Thomas Cushing Aylwin", The Canadian Portrait Gallery, Vol. IV (Toronto: John B. Magurn, 1881), pp. 105–107. His paternal grandparents were Thomas Aylwin and Lucy Cushing, who had moved to Quebec from Massachusetts after the outbreak of the American Revolution. His grandfather was a merchant at Quebec, as was his father.Jean Lafleur, "Aylwin (Aylwyn), Thomas", Dictionary of Canadian Biography, Volume IV (1771-1780), University of Toronto / Université Laval.
Aylwin's education began in a private school operated by a Presbyterian minister, Daniel Wilkie. He studied for a short time at Harvard College, without taking a degree.
Legal career Aylwin articled in law, first with Louis Moquin and Louis Plamondon in Quebec, then with John Thompson in Gaspé, who was later appointed to the district court. Aylwin was called to the bar in 1827. Fluently bilingual, he acted as an interpreter in the courts in Quebec in his mid-teens.
He entered the practice of law in partnership with Edward Short, who later was also a member of the Legislative Assembly and then appointed to the bench. Aylwin developed a reputation as an excellent criminal lawyer, able to see the strengths and weaknesses in a case better than other lawyers. He was also known for his eloquence in court, in both English and French. Following the Lower Canada Rebellion in 1837, he was defence counsel for some of the prisoners who had taken up arms.
Aylwin was appointed Queen's Counsel in 1842, on his appointment as Solicitor-General of Lower Canada.
Political career Lower Canada
Aylwin began his political involvement in the 1830s, as a founding member of the Constitutional Association of Quebec, which aimed at increasing popular control of government through the elected Legislative Assembly. He wrote numerous "slashing" articles published in the newspapers, critiquing Governor General Lord Gosford's policies. He agreed with some of the policies of the Parti patriote, but did not support their move to rebellion under the leadership of Louis-Joseph Papineau. Following the Lower Canada Rebellion in 1837–1838, he was defence counsel for some of prisoners who were arrested after taking up arms.
Province of Canada Role in the Legislative Assembly As a result of the Lower Canada Rebellion, and a similar rebellion the same year in Upper Canada (now Ontario), the British Parliament passed the Union Act which merged the two Canadas into the Province of Canada. There was a single Parliament for the new province, composed of an elected Legislative Assembly and an appointed Legislative Council. The Governor General retained a strong position in the government.J.M.S. Careless, The Union of the Canadas — The Growth of Canadian Institutions, 1841–1857 (Toronto: McClelland and Stewart, 1967), pp. 1–5.Paul G. Cornell, Alignment of Political Groups in Canada, 1841–67 (Toronto: University of Toronto Press, 1962; reprinted in paperback 2015), pp. 3–4.Union Act, 1840, 3 & 4 Vict. (UK), c. 35.
The Union Act came into force in 1841, and Aylwin stood for election to the new Legislative Assembly, the lower house of the Parliament. He was elected by acclamation to the Legislative Assembly district of Portneuf, campaigning against the union of the Canadas.Cornell, Alignment of Political Groups in Canada, 1841–67, p. 5.J.O. Côté, Political Appointments and Elections in the Province of Canada, 1841 to 1860 (Quebec: St. Michel and Darveau, 1860), p. 44.
In the first session of the Parliament, the first major item of business was a motion on the union of the Canadas. The motion passed, supporting the union. Opposition to the motion came from the group of French-Canadian members, along with some English Canadians from Canada East, and the Ultra Reformers from Canada West. Aylwin voted with the French-Canadian group, opposed to the union. As the session went on, Aylwin's voting pattern demonstrated that he was a consistent opponent of the government of Governor General Lord Sydenham.Cornell, Alignment of Political Groups in Canada, 1841–67, pp. 93–94.
Aylwin became recognised as a leader in parliamentary debates, due to his personal popularity and also his talents in oratory and argument, honed in his years as a courtroom barrister. He was able to argue the strong points of his position, and clearly point out the weaknesses in opposing views. Although he generally voted along the same lines as the French-Canadian Group, he was not a close member of the Group and had little in common with many of them. In debate, he often used "sarcasm and vituperation", and was later said to have had a "tongue that cut like a sword".
Solicitor General, 1842–1843
Lord Sydenham died suddenly at the end of the first session of the new Parliament. His successor as governor general, Sir Charles Bagot, had to reconstruct the ministry. Sydenham had tried to have a broad-based ministry, reducing the strength of the Reformers and the French-Canadians, but those two groups had developed their strength in the Assembly, under the leadership of Louis-Hippolyte LaFontaine from Canada East, and Robert Baldwin from Canada West. Bagot found that he had to invite them into the Executive Council.Careless, The Union of the Canadas, at p. 69. Aylwin was appointed Solicitor-General for Lower Canada, replacing Charles Dewey Day, a Tory. The law at that time required that a member of the Assembly who took an office under the Crown had to resign his seat in the Assembly and stand for re-election. Aylwin was re-elected in the Portneuf riding.Côté, Political Appointments and Elections, pp. 44, 59, note (32).
During his time as Solicitor-General, Aylwin gave strong support for a proposal made by another member, John Solomon Cartwright, for the creation of juvenile reform schools for young offenders, who at that time were housed in the same prisons as adult offenders. The Assembly referred the matter to a special committee for consideration.J. Douglas Stewart and Mary Stewart, "Cartwright, John Solomon", Dictionary of Canadian Biography, volume VII (1836-1850), University of Toronto / Université Laval.Journals of the Legislative Assembly of the Province of Canada from the 28th day of September to the 9th day of December in the year of Our Lord 1843, pp. 60–61 (October 20, 1843). However, the proposal never came to a vote, as the Legislative Assembly was prorogued in December 1843, upon the resignation of the Lafontaine–Baldwin ministry.
Resignation of LaFontaine-Baldwin ministry 1843 The LaFontaine-Baldwin ministry only lasted a year, from September 1842 to November 1843. Governor General Bagot died in early 1843 and was replaced by Sir Charles Metcalfe. Metcalfe had instructions from the British government to prevent party rule from developing, and to retain the governing powers of the Crown. LaFontaine and Baldwin, on the other hand, were determined to develop responsible government in Canada, which would require the Governor General to appoint the ministry from the political group which controlled the elected Legislative Assembly, and allow the ministers to appoint government officials who would carry out their policies.Careless, The Union of the Canadas, at pp. 76–79.
Matters came to a head in October and November 1843, when Metcalfe filled various government positions without consulting the Executive Council. On November 28, 1843, all but one of the members of the LaFontaine-Baldwin ministry resigned their positions in the Executive Council in protest. The only exception was the Provincial Secretary, Dominick Daly, who remained in office alone.Cornell, Alignment of Political Groups in Canada, 1841–67, pp. 12.
Opposition 1843 – 1848 Governor General Metcalfe prorogued the first Parliament in 1843 after the resignation of the Executive Council, and did not recall it. In 1844 he dissolved Parliament, triggering new general elections. The Reformers in Upper Canada lost significantly, changing the balance of power in the new Legislative Assembly.Careless, The Union of the Canadas, at pp. 91–95. Metcalfe was able to draw on more conservative members to form a new ministry.Careless, The Union of the Canadas, at p. 97.Cornell, Alignment of Political Groups in Canada, 1841–67, pp. 14–18.
Aylwin again stood for Parliament in 1844, this time in Quebec City, and was elected. His background as a strong supporter of the French-Canadian group, and his fluent bilingualism, stood him in good stead with the electorate. He was also one of the leading party organisers for Lafontaine in Quebec City, with considerable success.Careless, The Union of the Canadas, at pp. 86, 92.
Aylwin became a leading figure on the opposition benches in the new Parliament, with his lawyer's skill in debate and his personal popularity. His debating style was could be both eloquent and aggressive, relying on sarcasm as well as his understanding of the issues. One contemporary newspaper described him as "Short, nearsighted, and (at this time at least) never quite sober, Aylwin commanded not by his physical presence as much as by his charming, genial bluffness and, above all, by his prodigious bilingual gift for words."Garon,"Aylwin, Thomas Cushing", Dictionary of Canadian Biography, citing Le Canadien newspaper.