Local authority and district autonomy: The Niagara magistracy and constabulatory, 1828-1841.

Abstract

Traditional Upper Canadian historiography has emphasized the role of the Family Compact and the flow of authority from the provincial centre. It has stressed the dominance of the York elites and their control of the province through constitutional structure, the imposition of a Conservative ideology or patronage. Local magistrates, however, governed the districts and formed a counterweight to the Family Compact. The Lieutenant-Governor appointed magistrates to administer all district affairs and to judge all petty debt and petty crime. Once appointed the decisions of the magistracy were final and the distant officials at York did not interfere. While the provincial government appointed the magistracy, their prestige and appointment was derived as much from district influence as from their connections with York. Previously appointed officials recommended suitable candidates who were often merchants and shopkeepers who provided district credit. Some were land promoters and entrepreneurs who developed the district commercial infrastructure. Many had historic roots in the Niagara, suffered the effects of the American Revolutionary War and served as militia officers during the war of 1812-14. A constellation of economic, social and political interests bound the magistrates to regional not central interests. Although the magistracy formed an elite group with numerous legislated powers, they did not act alone. The magistracy appointed constables to serve writs, warrants and subpoenas, to apprehend criminals and to ferry people back and forth from the magistrates to the district gaol, to oversee township elections and to perform a myriad of lesser duties. The township constabulary was crucial to the workings of the judicial system and spread the authority of the magistracy throughout the district. While some constables came from the upper reaches of their society, the magistracy selected the constabulary primarily from respectable farmers, innkeepers and local artisans. The majority was appointed from loyalist families and many had fought for the British as Butlers Rangers. Fathers and sons from this group had an historic allegiance to British institutions that was further expressed during the war of 1812-14. For their patriotism they had received bountiful land grants and had a vested interest in the new province. Constables as neighbours, relatives and friends acted as the bridge between the authority of the magistracy and the community. This study finds that coincident interests, district prominence and a supportive constabulary solidified the rule of the magistracy at the local level. The provincial government was many miles away and had little influence in local affairs. The traditional stress on the importance of an all powerful York-based rule has skewed the picture. Although connected to the provincial elite by their appointment, local judicial elites acting independently of the provincial government sustained local governance at the level of the district.