Thomas Cushing Aylwin (January 5, 1806 – October 14, 1871) was a lawyer, political figure and judge in

Lower Canada The Province of Lower Canada () was a British colonization of the Americas, British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence established in 1791 and abolished in 1841. It covered the southern portion o ...

(now

Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...

). He was born in

Quebec City Quebec City is the capital city of the Provinces and territories of Canada, Canadian province of Quebec. As of July 2021, the city had a population of 549,459, and the Census Metropolitan Area (including surrounding communities) had a populati ...

and trained as a lawyer, including a period of education at

Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...

. He developed a reputation as an excellent trial lawyer, particularly in criminal cases. He became interested in politics and supported the nationalist ''

Parti canadien The () or () was a primarily francophone political party in what is now Quebec founded by members of the liberal elite of Lower Canada at the beginning of the 19th century. Its members were made up of liberal professionals and small-scale ...

'' (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 The Province of Canada (or the United Province of Canada or the United Canadas) was a British colony in British North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham, in the Report ...

in 1841, merging Lower Canada with

Upper Canada The Province of Upper Canada () was a Province, part of The Canadas, British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North America, formerly part of the Province of Queb ...

, 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 Sir Louis-Hippolyte Ménard '' dit'' La Fontaine, 1st Baronet, KCMG (October 4, 1807 – February 26, 1864) was a Canadian politician who served as the first Premier of the United Province of Canada and the first head of a responsible governme ...

and

Robert Baldwin Robert Baldwin (May 12, 1804 – December 9, 1858) was an Upper Canadian lawyer and politician who with his political partner Louis-Hippolyte Lafontaine of Lower Canada, led the first responsible government ministry in the Province of Canada. ...

. In 1845, he fought a duel with a former Executive Council colleague,

Dominick Daly Sir Dominick Daly (11 August 1798 – 19 February 1868) was a British colonial public servant and administrator during the 19th century, who held positions in British North America, History_of_Tobago, Tobago and South Australia. Born in I ...

, over Daly's lack of support for

responsible government Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive br ...

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

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. Aylwin's education began in a private school operated by a Presbyterian minister, Daniel Wilkie. He studied for a short time at

, without taking a degree.

Legal career

Aylwin articled in law, first with Louis Moquin and

Louis Plamondon Louis Plamondon (born July 31, 1943) is a Canadian politician who has served as a member of Parliament (MP) since his election in 1984. As the longest-serving current member of the House of Commons, Plamondon is Dean of the House, and holds ...

in Quebec, then with John Thompson in Gaspé, who was later appointed to the district court. Aylwin was

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

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 The Lower Canada Rebellion (), commonly referred to as the Patriots' Rebellion () in French, is the name given to the armed conflict in 1837–38 between rebels and the colonial government of Lower Canada (now southern Quebec). Together wit ...

in 1837, he was defence counsel for some of the prisoners who had taken up arms. Aylwin was appointed

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

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 The () or () was a primarily francophone political party in what is now Quebec founded by members of the liberal elite of Lower Canada at the beginning of the 19th century. Its members were made up of liberal professionals and small-scale ...

'', but did not support their move to rebellion under the leadership of

Louis-Joseph Papineau Louis-Joseph Papineau (; October 7, 1786 – September 23, 1871), born in Montreal, Province of Quebec (1763–1791), Quebec, was a politician, lawyer, and the landlord of the ''seigneurie de la Petite-Nation''. He was the leader of the reform ...

. 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

(now Ontario), the British Parliament passed the '' Union Act'' which merged the two Canadas into the

. There was a single Parliament for the new province, composed of an elected Legislative Assembly and an appointed

Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...

. The

Governor General Governor-general (plural governors-general), or governor general (plural governors general), is the title of an official, most prominently associated with the British Empire. In the context of the governors-general and former British colonies, ...

retained a strong position in the government. The ''Union Act'' came into force in 1841, and Aylwin stood for election to the new Legislative Assembly, the

lower house A lower house is the lower chamber of a bicameral legislature, where the other chamber is the upper house. Although styled as "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise e ...

of the Parliament. He was elected by

acclamation An acclamation is a form of election that does not use a ballot. It derives from the ancient Roman word ''acclamatio'', a kind of ritual greeting and expression of approval towards imperial officials in certain social contexts. Voting Voice vot ...

to the Legislative Assembly district of Portneuf, campaigning against the union of the Canadas. 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. 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 Sir Charles Bagot, (23 September 1781 – 19 May 1843) was a British politician, diplomat and colonial administrator. He served as ambassador to the United States, Russia, and the Netherlands. He served as the second Governor General of Cana ...

, 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 Sir Louis-Hippolyte Ménard '' dit'' La Fontaine, 1st Baronet, KCMG (October 4, 1807 – February 26, 1864) was a Canadian politician who served as the first Premier of the United Province of Canada and the first head of a responsible governme ...

from Canada East, and

from Canada West. Bagot found that he had to invite them into the Executive Council. Aylwin was appointed Solicitor-General for Lower Canada, replacing

Charles Dewey Day Charles Dewey Day, (May 6, 1806 – January 31, 1884) was a lawyer, political figure, and judges in Lower Canada and Canada East (now Quebec). He was a member of the Special Council of Lower Canada, which governed Lower Canada after the L ...

, a

Tory A Tory () is an individual who supports a political philosophy known as Toryism, based on a British version of traditionalist conservatism which upholds the established social order as it has evolved through the history of Great Britain. The To ...

. 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. During his time as Solicitor-General, Aylwin gave strong support for a proposal made by another member,

John Solomon Cartwright John Solomon Cartwright, (September 17, 1804 – January 15, 1845) was a Canadian businessman, lawyer, judge, farmer and political figure in Kingston, Ontario, Kingston, Upper Canada. He was a supporter of the Family Compact, an Oligarchy, o ...

, for the creation of juvenile

reform school A reform school was a Prison, penal institution, generally for teenagers, mainly operating between 1830 and 1900. In the United Kingdom and its colonies, reformatory, reformatories (commonly called reform schools) were set up from 1854 onward f ...

s 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. 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

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. 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,

, who remained in office alone.

Opposition 1843 – 1848

Governor General Metcalfe

prorogued A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections. ...

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. Metcalfe was able to draw on more conservative members to form a new ministry. 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. Sir Dominick Daly 1861

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." One target of his tongue was his former colleague, Dominick Daly, still in government. In 1845, there was a particularly pointed exchange of comments in the Assembly between Aylwin and Daly over Daly's refusal to resign from the Executive Council with the rest of the Lafontaine-Baldwin ministry in 1843. Tempers flared, resulting in a

duel A duel is an arranged engagement in combat between two people with matched weapons. During the 17th and 18th centuries (and earlier), duels were mostly single combats fought with swords (the rapier and later the small sword), but beginning in ...

between the two men. They met and shots were fired, but neither was injured, leading to a settlement of the dispute.

Solicitor-General 1848

Aylwin was re-elected for Quebec City in the general elections of 1848, which the Reform alliance won. Lafontaine and Baldwin formed their second ministry, and Aylwin was again appointed Solicitor-General for Lower Canada. He had to stand for election under the same law as earlier, for taking a position under the Crown. The election was held quickly and he was re-elected on March 28, 1848. However, he only held the position for a short time, as Lafontaine offered him an appointment to the Court of Queen's Bench for Lower Canada, in Quebec City, possibly to make room for another member of the Reform group, Hume Blake. Aylwin accepted the appointment on April 26, 1848, and left politics.

Court of Queen's Bench

In 1848, Aylwin accepted the appointment as judge if the Court of Queen's Bench, sitting first in Quebec. He later was transferred to Montreal. In 1854, he was also appointed to the Seigneurial Court, which was set up to resolve claims resulting from the abolition of seigneurial tenures of land-holding. While on the bench, Aylwin continued to maintain his reputation for deep knowledge of the law, clear understanding of the issues presented, and eloquence in his charges and decisions. He presided over trials in both English and in French. However, in 1860 he had a paralytic stroke which impaired both his physical and mental abilities. He resigned from the bench in 1868, on a pension.

Marriages and later life

Aylwin was married three times, and widowed twice. His first wife was Margaret Nelson Hanna, whom he married in Quebec City in 1832. In 1836, after the death of his first wife, he married Eliza Margaret Felton of Sherbrooke. She also predeceased him. In 1850, he married Anne Blake. He did not have any children from the three marriages. After retiring from the bench, Aylwin lived in strict seclusion in his home in Montreal. He died in

Montreal Montreal is the List of towns in Quebec, largest city in the Provinces and territories of Canada, province of Quebec, the List of the largest municipalities in Canada by population, second-largest in Canada, and the List of North American cit ...

on October 14, 1871. He was buried at

Mount Hermon Cemetery Mount Hermon Cemetery is a garden (or rural) cemetery and National Historic Site of Canada. It is located in the Sillery district () of the Sainte-Foy–Sillery–Cap-Rouge borough () of Quebec City, Quebec, Canada. The cemetery was designated a ...

in Sillery, on October 17, 1871. Aylwin Township in the

Outaouais Outaouais (, ; also commonly called The Outaouais) is a region of western Quebec, Canada. It includes the city of Gatineau, the municipality of Val-des-Monts, the municipality of Cantley, Quebec, Cantley and the Papineau Regional County Municipal ...

region of Quebec, Canada, was named in his honour in 1858. It was renamed

Kazabazua Kazabazua is a village and municipality in La Vallée-de-la-Gatineau Regional County Municipality, Quebec, Canada. The village is about halfway between Maniwaki, Quebec, Maniwaki and Hull, Quebec, Hull at the intersection of Quebec Route 105, Rou ...

in 1976.

References

{{DEFAULTSORT:Aylwin, Thomas Cushing 1806 births 1871 deaths Anglophone Quebec people Burials at Mount Hermon Cemetery Canadian duellists Harvard University alumni Judges in Quebec Lawyers in Lower Canada and Canada East Members of the Legislative Assembly of the Province of Canada from Canada East Politicians from Quebec City Pre-Confederation Quebec people