Archibald McLean (judge)
Encyclopedia
Chief Justice The Hon. Archibald McLean (April 5, 1791 – October 24, 1865) was a lawyer, judge and political figure in Upper Canada
.
's school in Cornwall
and articled in law with William Firth.
he joined the 2nd Regiment of York Militia
as a Subaltern and was seriously wounded at the Battle of Queenston Heights
. He crawled from the battlefield to a nearby village where his wounds were hurriedly dressed. Because of an infection caused by the late removal of a bullet he was not fit to fight when the Americans attacked York in April, 1813. McLean buried the York militia’s colours in the woods and escaped to Kingston, Ontario
. He fought again at Battle of Lundy's Lane
, but was captured by the Americans and held prisoner for the remainder of the war.
before starting his own lucrative law firm in Cornwall, Ontario
. In 1820, he was elected to the Legislative Assembly of Upper Canada
for Stormont
; he held that seat until 1834, shared for the previous four years with his old school friend Philip VanKoughnet
. He was then elected to represent Cornwall and became Speaker of the Assembly in 1836. He was a leading Tory member and advocated the rights of the Presbyterian Church to be equal to those of the Church of England
.
and commanded the left flank of the loyalist forces under Colonel James FitzGibbon at the Battle of Montgomery's Tavern. McLean initially opposed the Union of Upper and Lower Canada
out of fear that Upper Canadians would be dominated by French Canadians. He saw responsible government as a danger to the British connection and to the ordered freedom and the recognition of class and property of the British tradition, but he quickly adjusted to the new reality.
in 1836, the following year he was named to the Court of King's Bench, his brother Alexander McLean
taking his Stormont seat. From 1850 to 1856, he served in the Court of Common Pleas with Sir James Buchanan Macaulay
and Robert Baldwin Sullivan
.
In the Extradition case of John Anderson
, the fugitive slave, McLean argued that 'in administering the laws of a British province, I can never feel bound to recognize as law any enactment which can convert into chattels a very large number of the human race.'
In 1862, he was appointed chief justice of the Court of Queen’s Bench for Upper Canada. In 1863, he was appointed judge of the Court of Error and Appeal. For many years McLean had served as president of the St Andrew’s Society of Toronto.
He married Joan McPherson and they were the parents of seven children. He died in Toronto
in 1865 and was honoured with a public funeral. The Upper Canada Law Journal wrote,
Upon the bench was dignified and courteous; unsuspicious and utterly devoid of anything mean or petty in his own character, his conduct to others was always what he expected from them.
Upper Canada
The Province of Upper Canada was a political division in British Canada established in 1791 by the British Empire to govern the central third of the lands in British North America and to accommodate Loyalist refugees from the United States of America after the American Revolution...
.
Early life
McLean was born at St. Andrews in the Lunenburg District in 1791, the son of Lt.-Col. The Hon. Neil McLean and Isabella McDonell of Leek. He studied at John StrachanJohn Strachan
John Strachan was an influential figure in Upper Canada and the first Anglican Bishop of Toronto.-Early life:Strachan was the youngest of six children born to a quarry worker in Aberdeen, Scotland. He graduated from King's College, Aberdeen in 1797...
's school in Cornwall
Cornwall, Ontario
Cornwall is a city in Eastern Ontario, Canada and the seat of the United Counties of Stormont, Dundas and Glengarry, Ontario. Cornwall is Ontario's easternmost city, located on the St...
and articled in law with William Firth.
War of 1812
On the outbreak of the War of 1812War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
he joined the 2nd Regiment of York Militia
2nd Regiment of York Militia
The 2nd York Militia were a Canadian Militia Line Infantry Regiment at the time of the War of 1812. They were part of the York Militia, which at that time was three Regiments strong. The 2nd Regiment was recruited arould the present-day Halton and Peel Regions.-War of 1812:At the beginning of the...
as a Subaltern and was seriously wounded at the Battle of Queenston Heights
Battle of Queenston Heights
The Battle of Queenston Heights was the first major battle in the War of 1812 and resulted in a British victory. It took place on 13 October 1812, near Queenston, in the present-day province of Ontario...
. He crawled from the battlefield to a nearby village where his wounds were hurriedly dressed. Because of an infection caused by the late removal of a bullet he was not fit to fight when the Americans attacked York in April, 1813. McLean buried the York militia’s colours in the woods and escaped to Kingston, Ontario
Kingston, Ontario
Kingston, Ontario is a Canadian city located in Eastern Ontario where the St. Lawrence River flows out of Lake Ontario. Originally a First Nations settlement called "Katarowki," , growing European exploration in the 17th Century made it an important trading post...
. He fought again at Battle of Lundy's Lane
Battle of Lundy's Lane
The Battle of Lundy's Lane was a battle of the Anglo-American War of 1812, which took place on 25 July 1814, in present-day Niagara Falls, Ontario...
, but was captured by the Americans and held prisoner for the remainder of the war.
Politics
In 1815 he turned down a commission into the British regular army, joining the law firm of William Warren BaldwinWilliam Warren Baldwin
William Warren Baldwin was a doctor, businessman, lawyer, judge, architect and political figure in Upper Canada....
before starting his own lucrative law firm in Cornwall, Ontario
Cornwall, Ontario
Cornwall is a city in Eastern Ontario, Canada and the seat of the United Counties of Stormont, Dundas and Glengarry, Ontario. Cornwall is Ontario's easternmost city, located on the St...
. In 1820, he was elected to the Legislative Assembly of Upper Canada
Legislative Assembly of Upper Canada
The Legislative Assembly of Upper Canada was created by the Constitutional Act of 1791. It was the elected legislature for the province of Upper Canada and functioned as the province's lower house in the Parliament of Upper Canada...
for Stormont
Stormont County, Ontario
Stormont County area is a county in the Canadian province of Ontario.Stormont was created in 1792, however, it was settled seven years earlier in 1785. Veterans of Loyalist regiments were among the first settlers...
; he held that seat until 1834, shared for the previous four years with his old school friend Philip VanKoughnet
Philip VanKoughnet
Colonel The Hon. Philip VanKoughnet M.P. landowner, businessman and political figure in Upper Canada.- History of the name :...
. He was then elected to represent Cornwall and became Speaker of the Assembly in 1836. He was a leading Tory member and advocated the rights of the Presbyterian Church to be equal to those of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
.
Upper Canada Rebellion
He was named colonel in the militia during the Upper Canada RebellionUpper Canada Rebellion
The Upper Canada Rebellion was, along with the Lower Canada Rebellion in Lower Canada, a rebellion against the British colonial government in 1837 and 1838. Collectively they are also known as the Rebellions of 1837.-Issues:...
and commanded the left flank of the loyalist forces under Colonel James FitzGibbon at the Battle of Montgomery's Tavern. McLean initially opposed the Union of Upper and Lower Canada
Union of Upper and Lower Canada
The Union of Upper and Lower Canada created the Province of Canada in 1841. This province lasted until 1867 when Canadian Confederation encouraged the two groups to split again into the Canadian provinces of Ontario and Quebec- Upper and Lower Canada :...
out of fear that Upper Canadians would be dominated by French Canadians. He saw responsible government as a danger to the British connection and to the ordered freedom and the recognition of class and property of the British tradition, but he quickly adjusted to the new reality.
Judicial career
Appointed to the Legislative CouncilLegislative Council of Upper Canada
The Legislative Council of Upper Canada was the upper house governing the province of Upper Canada. Modelled after the British House of Lords, it was created by the Constitutional Act of 1791. It was specified that the council should consist of at least seven members. Members were appointed for...
in 1836, the following year he was named to the Court of King's Bench, his brother Alexander McLean
Alexander McLean (Ontario politician)
Alexander McLean was a political figure in Upper Canada and Canada West.He was born in St. Andrews in Upper Canada in 1793, the son of Neil McLean. He studied with John Strachan in Cornwall and later settled on a farm near Cornwall. He served as a lieutenant in the local militia during the War of...
taking his Stormont seat. From 1850 to 1856, he served in the Court of Common Pleas with Sir James Buchanan Macaulay
James Buchanan Macaulay
Colonel Sir James Buchannan Macaulay, CB was a Canadian lawyer and judge.Macaulay, born at Newark, Upper Canada, 3 December 1793, was the second son of James Macaulay by his wife Elizabeth Tuck Hayter...
and Robert Baldwin Sullivan
Robert Baldwin Sullivan
Robert Baldwin Sullivan, QC , was a Canadian lawyer, judge, and politician who became the 2nd Mayor of Toronto....
.
In the Extradition case of John Anderson
Extradition case of John Anderson
The Anderson case took place in Canada West from 1860-1861. The case dealt with whether or not to extradite an escaped slave to the United States on the charge of murder. The majority of the presiding judges who handled the case agreed that there was sufficient evidence to prove criminality of...
, the fugitive slave, McLean argued that 'in administering the laws of a British province, I can never feel bound to recognize as law any enactment which can convert into chattels a very large number of the human race.'
In 1862, he was appointed chief justice of the Court of Queen’s Bench for Upper Canada. In 1863, he was appointed judge of the Court of Error and Appeal. For many years McLean had served as president of the St Andrew’s Society of Toronto.
He married Joan McPherson and they were the parents of seven children. He died in Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
in 1865 and was honoured with a public funeral. The Upper Canada Law Journal wrote,
Upon the bench was dignified and courteous; unsuspicious and utterly devoid of anything mean or petty in his own character, his conduct to others was always what he expected from them.