James Hervey Price (1797 – 13 July 1882) was a Canadian attorney and political figure in
Canada West
The Province of Canada (or the United Province of Canada or the United Canadas) was a British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham, in the Report on the ...
. He was born and grew up in
Cumberland
Cumberland ( ) is a historic county in the far North West England. It covers part of the Lake District as well as the north Pennines and Solway Firth coast. Cumberland had an administrative function from the 12th century until 1974. From 19 ...
,
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, and studied law at
Doctors' Commons
Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil (as opposed to common) law in London, namely ecclesiastical and admiralty law. Like the Inns of Court of the common lawyers, the society had buildi ...
. He moved to Upper Canada in 1828 and became an attorney in 1833. He was appointed the city of Toronto's first city clerk in 1834 and the following year built a house north of Toronto that he named Castlefield. In 1836 he was elected as a city councillor for St. David's Ward in Toronto but was defeated the following year. Although he considered himself a
Reformer, he did not participate in the
Upper Canada Rebellion
The Upper Canada Rebellion was an insurrection against the oligarchic government of the British colony of Upper Canada (present-day Ontario) in December 1837. While public grievances had existed for years, it was the rebellion in Lower Canada (p ...
. In 1841 he was elected to the first
Parliament of the Province of Canada
The Parliament of the Province of Canada was the legislature for the Province of Canada, made up of the two regions of Canada West (formerly Upper Canada, later Ontario) and Canada East (formerly Lower Canada, later Quebec).
Creation of the Parl ...
, representing the 1st riding of York as a Reformer. He served as the commissioner of Crown lands from 1848 to 1851 when he was defeated in his reelection campaign for his seat in the Parliament. He withdrew from politics and worked as an attorney until his retirement in 1857. In 1860 he returned to Britain to
Bath
Bath may refer to:
* Bathing, immersion in a fluid
** Bathtub, a large open container for water, in which a person may wash their body
** Public bathing, a public place where people bathe
* Thermae, ancient Roman public bathing facilities
Plac ...
, and died in Shirley, Hampshire, in 1882.
Early years
Price was born in Cumberland, in the north of England, in 1797 and studied law at Doctors' Commons in
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
. He married Elizabeth Anne Rubergall in his early 20s,
sometime before 1822.
They would have at least four children together. Their first son was born sometime before his arrival to
Upper Canada
The Province of Upper Canada (french: link=no, province du Haut-Canada) was a part of 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 ...
.
Immigration to York and municipal politics
Price immigrated to Upper Canada in 1828 with his wife, his son and his sister-in-law Mary Anne.
He lived in
Dundas Dundas may refer to:
Places
Australia
* Dundas, New South Wales
* Dundas, Queensland, a locality in the Somerset Region
* Dundas, Tasmania
* Dundas, Western Australia
* Fort Dundas, a settlement in the Northern Territory 1824–1828
* Shire of ...
and York while studying law with
George Rolph
George Rolph (April 7, 1794 – July 25, 1875) was a lawyer and political figure in Upper Canada. He worked in the Hamilton and Ancaster area as a Clerk of the Peace and clerk of the district court. He represented Halton County in the Parli ...
and
William Henry Draper. He was admitted to practice as an attorney in 1833 although never worked as a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
.
He was appointed the first city clerk for Toronto on 3 April 1834, but resigned on 26 February 1835, after
Reformers
A reformer is someone who works for reform.
Reformer may also refer to:
*Catalytic reformer, in an oil refinery
*Methane reformer, producing hydrogen
* Steam reformer
*Hydrogen reformer, extracting hydrogen
*Methanol reformer, producing hydrogen f ...
were defeated in that year's municipal elections.
He helped create the
Bank of the People
The Bank of the People was created by radical Reform politicians James Lesslie, James Hervey Price, and Dr John Rolph in Toronto in 1835. It was founded after they failed to establish a "Provincial Loan Office" in which farmers could borrow s ...
in 1835 and served as its secretary and solicitor.
That year he purchased of land north of Toronto to build a house that resembled his childhood home and called it Castlefield.
In 1836 he co-signed a loan with
William Lyon Mackenzie
William Lyon Mackenzie (March12, 1795 August28, 1861) was a Scottish Canadian-American journalist and politician. He founded newspapers critical of the Family Compact, a term used to identify elite members of Upper Canada. He represented Yor ...
to create the ''Constitution'', Mackenzie's new Reform-aligned newspaper. That same year he met with the newly appointed
Lieutenant Governor
A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
Francis Bond Head
Sir Francis Bond Head, 1st Baronet KCH PC (1 January 1793 – 20 July 1875), known as "Galloping Head", was Lieutenant-Governor of Upper Canada during the rebellion of 1837.
Biography
Head was an officer in the corps of Royal Engineers of ...
to petition 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 bran ...
and legislative control of the appointment of members to the executive council. When Bond Head rejected their petition, Price contributed to funds to support
Charles Duncombe's trip to the British
Colonial Office
The Colonial Office was a government department of the Kingdom of Great Britain and later of the United Kingdom, first created to deal with the colonial affairs of British North America but required also to oversee the increasing number of col ...
to protest Bond Head's actions. He later spoke out against Duncombe's selection for the trip, believing leaders were giving the impression that Duncombe was chosen by reformers supporters and not the leadership. That same year Price was elected as a city councillor for Toronto from St. David's Ward.
He was defeated in his reelection in 1837.
Upper Canada Rebellion
Price supported the 1837 declaration by Toronto Reformers that protested the government structure of Upper Canada.
He was uninvolved with the preparations of the
Upper Canada Rebellion
The Upper Canada Rebellion was an insurrection against the oligarchic government of the British colony of Upper Canada (present-day Ontario) in December 1837. While public grievances had existed for years, it was the rebellion in Lower Canada (p ...
but his home was the site of a Reformers meeting on 4 December.
When Reformers marched toward Toronto on 5 December
William Botsford Jarvis
William Botsford Jarvis (May 4, 1799 – July 26, 1864) was an important member of the Family Compact and Sheriff of the Home District. His estate in what was then York, Upper Canada, gave its name to Rosedale, Toronto. Jarvis Street was nam ...
asked Price to bring the Lieutenant-Governor's offer for a truce. Price refused, stating he did not want others to think he was joining the rebels and suggested
Robert Baldwin
Robert Baldwin (May 12, 1804 – December 9, 1858) was an Upper Canada, 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 ...
or
John Rolph be sent instead.
It was rumoured that Mackenzie, upon the rebellion's defeat on 7 December, hid in a large
crib in Price's kitchen while the cook asked officers not to wake the babies.
He was arrested after the rebellion and jailed for 13 days while government officials searched his office for evidence of his involvement with the rebellion.
He was forced to repay the loan for the ''Constitution'' because of Mackenzie's exodus to the US. In 1838 he co-founded the Mississippi Emigration Society which offered land in Iowa for Reformers who wanted to emigrate from Canada.
Provincial politics
In 1841, he was elected to the
Legislative Assembly of the Province of Canada
The Legislative Assembly of the Province of Canada was the lower house of the legislature for the Province of Canada, which consisted of the former provinces of Lower Canada, then known as Canada East and later the province of Quebec, and Upper C ...
for the 1st riding of York as a Reformer, defeating
John William Gamble.
He criticized Governor-General
Charles Theophilus Metcalfe
Charles Theophilus Metcalfe, 1st Baron Metcalfe, (30 January 1785 – 5 September 1846), known as Sir Charles Metcalfe, Bt between 1822 and 1845, was a British colonial administrator. He held appointments including acting Governor-General o ...
for ignoring the executive council's advice in making patronage appointments.
In 1844 he sold his home to
Franklin Jackes since he was spending most of his time at the Canadian legislature and was not living in Toronto.
In March he joined the Reform Association to oppose Metcalfe's appointment of a Speaker of the House in the Canadian Parliament without consulting the executive council. Price was appointed commissioner of Crown lands from 20 April 1848, to 27 October 1851,
in the
Baldwin-LaFontaine government. During this time he proposed bills to eliminate clergy reserves but avoided representing the government in his proposals as a favour to his ally
Robert Baldwin
Robert Baldwin (May 12, 1804 – December 9, 1858) was an Upper Canada, 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 ...
. He supported the
Rebellion Losses Bill
The Rebellion Losses Bill (full name: ''An Act to provide for the Indemnification of Parties in Lower Canada whose Property was destroyed during the Rebellion in the years 1837 and 1838'') was a controversial law enacted by the legislature of ...
and upon its passage, his home in Montreal was attacked by a mob protesting the bill.
In 1851, in his capacity as commissioner of Crown lands, he renamed the town of Saugeen in Canada West as
Southampton
Southampton () is a port city in the ceremonial county of Hampshire in southern England. It is located approximately south-west of London and west of Portsmouth. The city forms part of the South Hampshire built-up area, which also covers Po ...
, named after the
British city of the same name.
In the 1851 election for the
4th Parliament of the Province of Canada, Price sought to be renominated as the Reform candidate for York South, but
David Gibson was selected instead. Price continued his campaign but Mackenzie worked to unseat Price, accusing Price of betraying Reform values in order to secure political power. Price was defeated in the election by
John William Gamble and blamed Reformers for his loss.
He campaigned in the 1854 provincial election using Baldwin's policies but struggled to control his alcohol consumption, lost the campaign, and withdrew from politics.
Later life and death
Price stopped practising law in 1857 and left Toronto in 1860 to live in
Bath
Bath may refer to:
* Bathing, immersion in a fluid
** Bathtub, a large open container for water, in which a person may wash their body
** Public bathing, a public place where people bathe
* Thermae, ancient Roman public bathing facilities
Plac ...
, England. He died in
Shirley
Shirley may refer to:
Arts and entertainment
* ''Shirley'' (novel), an 1849 novel by Charlotte Brontë
* ''Shirley'' (1922 film), a British silent film
* ''Shirley'' (2020 film), an American film
* ''Shirley'' (album), a 1961 album by Shirley Bas ...
, near
Southampton
Southampton () is a port city in the ceremonial county of Hampshire in southern England. It is located approximately south-west of London and west of Portsmouth. The city forms part of the South Hampshire built-up area, which also covers Po ...
, England, on 13 July 1882.
Political and religious views
Price was introduced to the Reform movement by
Jesse Ketchum, who married his wife's sister Mary Anne.
He wanted to dissolve the
Province of Canada
The Province of Canada (or the United Province of Canada or the United Canadas) was a British North America, British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham ...
and believed Reformers should advocate for more independence from Britain so the Canadian provinces could govern their own affairs.
In the Parliament of Canada, Price was aligned with Robert Baldwin and the moderate Reformers. He supported the creation of elective district councils to stop the violence at election polls but opposed measures that allowed the governor-general to appoint members to the councils.
Price was a
congregationalist and attended service at Zion Church.
He fought to stop the distribution of land to religious institutions as
clergy reserves Clergy reserves were tracts of land in Upper Canada and Lower Canada reserved for the support of "Protestantism, Protestant clergy" by the Constitutional Act of 1791. One-seventh of all surveyed Crown lands were set aside, totaling and respectivel ...
.
Price was a