Henry Joseph Clarke
Encyclopedia
Henry Joseph Clarke who sometimes used the middle names Hynes and O'Connell, was a lawyer and politician in Manitoba
, Canada
.
Born in Donegal
(now in the Republic of Ireland
) on July 7, 1833, Clarke moved with his family to Canada at age three. He practised law in Montreal
before moving to California
during the "gold rush" of 1858, and also lived in El Salvador
for a period in the early 1860s. He returned to Montreal after this time, and developed a strong reputation as a criminal lawyer.
Clarke ran for Province of Canada
's parliament as a Liberal-Conservative in the 1863 election, losing to Liberal
finance minister
Luther Hamilton Holton
in the riding of Chateauguay
. In 1867, he wrote a short biography of fellow Irish Catholic politician Thomas D'Arcy McGee.
On the advice of George-Étienne Cartier
and Bishop Alexandre-Antonin Taché
, Clarke moved to Manitoba in 1870 to assist in the establishment of a provincial government. He was elected by acclamation for the constituency of St. Charles in Manitoba's first general election
, held on December 27, 1870. He was then appointed as the province's first Attorney General on January 3, 1871. In this capacity, he took a leading role in establishing the province's legal system.
Clarke had a poor personal relationship with Lt. Governor Adams George Archibald
(1870–1872), who considered him intemperate and unduly ambitious. There were serious policy disagreements between Clarke and the Lieutenant Governors, most notably over the makeup of Manitoba's supreme court: Clarke wanted three justices to serve on the court, while Archibald preferred only a single justice. This division became a serious dispute in the province, largely due to Clarke's refusal to accept a compromise. Federal prime minister
John A. Macdonald
eventually intervened, and established a court with a single justice.
Clarke also wanted departmental control over the number of lawyers in Manitoba. In 1871, he navigated a bill through the assembly which would have restricted the number of out-of-province lawyers to ten, and given the Attorney General's office final authority over who could practise. This measure was opposed by Archibald, and was overridden by the federal government.
Clarke was a political spokesman for those members of Manitoba's Métis
community who opposed the leadership of Louis Riel
. As such, he was opposed by both "ultra-loyalists" among the English and by Riel's more numerous supporters among the Métis, and frequently clashed with fellow cabinet member Joseph Royal
, a political spokesman for the latter group. When three Métis were arrested on charges of treason following Fenian
raids in 1871, Clarke personally led the prosecution while Royal acted at the chief defence lawyer. Two of the defendants were acquitted, and one was convicted.
In the Canadian general election of 1872
, Clarke stood as a candidate against Riel in the riding of Provencher
. However, both candidates resigned to allow the acclamation of George-Étienne Cartier
following the latter's defeat in Montreal.
Clarke was a provincial representative to Ottawa in 1871 and 1873, for meetings on immigration and "better terms" for the province.
In 1873, Clarke publicly defended Lord Gordon Gordon, an English
trader and con-man who claimed to be a Scottish
lord, and made a fortune in investment fraud. The revelation of Gordon's true identity was an embarrassment for Clarke.
The ministry which included Clarke was defeated in the legislature in July 1874, when John Norquay
's bill for electoral redistribution was defeated. Clarke resigned as Attorney General, and returned to California. While stopping over in Minnesota
, he was beset upon by a group of investors who ran been defrauded by Gordon Gordon, and was seriously injured.
He returned to Winnipeg in 1877, and ran unsuccessfully for the constituency of Rockwood in the provincial elections of 1878
and 1879
. Previously a supporter of French language rights, Clarke was by this time campaigning against bilingualism and state funding for Catholic schools. Despite this, he later defended twenty-five followers of Louis Riel in court, after the second Riel Rebellion
of 1885. Clarke died near Medicine Hat in 1889, while travelling by train.
Clarke is sometimes listed as the third Premier of Manitoba, but this is inaccurate. Like his "predecessors" Alfred Boyd and Marc-Amable Girard, Clarke was simply a leading minister in a cabinet controlled by the province's Lieutenant Governors. Morris, in fact, rejected Clarke's request to be recognized as Premier in 1873. Some modern sources list Clarke as having been the "Chief Minister" of Manitoba from 1872 to 1874, but he was not described by this title at the time; the term appears to be a more recent invention. Clarke was, however, acknowledged as the government leader in the legislature from 1871 to 1874.
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
.
Born in Donegal
Donegal
Donegal or Donegal Town is a town in County Donegal, Ireland. Its name, which was historically written in English as Dunnagall or Dunagall, translates from Irish as "stronghold of the foreigners" ....
(now in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
) on July 7, 1833, Clarke moved with his family to Canada at age three. He practised law in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
before moving to California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
during the "gold rush" of 1858, and also lived in El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
for a period in the early 1860s. He returned to Montreal after this time, and developed a strong reputation as a criminal lawyer.
Clarke ran for Province of Canada
Province of Canada
The Province of Canada, 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 Affairs of British North America following the Rebellions of...
's parliament as a Liberal-Conservative in the 1863 election, losing to Liberal
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
finance minister
Minister of Finance (Canada)
The Minister of Finance is the Minister of the Crown in the Canadian Cabinet who is responsible each year for presenting the federal government's budget...
Luther Hamilton Holton
Luther Hamilton Holton
Luther Hamilton Holton was a Quebec businessman and political figure. He represented Châteauguay as a Liberal member in the Canadian House of Commons from 1867 to 1880.- Early life and education :...
in the riding of Chateauguay
Châteauguay (electoral district)
Châteauguay was a federal electoral district in Quebec, Canada, that was represented in the Canadian House of Commons from 1867 to 1917 and from 1979 to 2004.-History:It was created by the British North America Act of 1867...
. In 1867, he wrote a short biography of fellow Irish Catholic politician Thomas D'Arcy McGee.
On the advice of George-Étienne Cartier
George-Étienne Cartier
Sir George-Étienne Cartier, 1st Baronet, PC was a French-Canadian statesman and Father of Confederation.The English spelling of the name, George, instead of Georges, the usual French spelling, is explained by his having been named in honour of King George III....
and Bishop Alexandre-Antonin Taché
Alexandre-Antonin Taché
Alexandre-Antonin Taché was a Roman Catholic priest, missionary of the Oblate order, author and the first Archbishop of Saint Boniface in the Canadian province of Manitoba.In late 1844 Taché entered the Oblate novitiate...
, Clarke moved to Manitoba in 1870 to assist in the establishment of a provincial government. He was elected by acclamation for the constituency of St. Charles in Manitoba's first general election
Manitoba general election, 1870
Manitobas first general election resulted in a victory for Lieutenant Governor Adams George Archibald's governing coalition...
, held on December 27, 1870. He was then appointed as the province's first Attorney General on January 3, 1871. In this capacity, he took a leading role in establishing the province's legal system.
Clarke had a poor personal relationship with Lt. Governor Adams George Archibald
Adams George Archibald
Sir Adams George Archibald, KCMG, PC was a Canadian lawyer and politician, and a father of Confederation. He was based in Nova Scotia for most of his career, though he also served as 1st Lieutenant Governor of Manitoba from 1870 to 1872.Archibald was born in Truro to a prominent family in Nova...
(1870–1872), who considered him intemperate and unduly ambitious. There were serious policy disagreements between Clarke and the Lieutenant Governors, most notably over the makeup of Manitoba's supreme court: Clarke wanted three justices to serve on the court, while Archibald preferred only a single justice. This division became a serious dispute in the province, largely due to Clarke's refusal to accept a compromise. Federal prime minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
John A. Macdonald
John A. Macdonald
Sir John Alexander Macdonald, GCB, KCMG, PC, PC , QC was the first Prime Minister of Canada. The dominant figure of Canadian Confederation, his political career spanned almost half a century...
eventually intervened, and established a court with a single justice.
Clarke also wanted departmental control over the number of lawyers in Manitoba. In 1871, he navigated a bill through the assembly which would have restricted the number of out-of-province lawyers to ten, and given the Attorney General's office final authority over who could practise. This measure was opposed by Archibald, and was overridden by the federal government.
Clarke was a political spokesman for those members of Manitoba's Métis
Métis people (Canada)
The Métis are one of the Aboriginal peoples in Canada who trace their descent to mixed First Nations parentage. The term was historically a catch-all describing the offspring of any such union, but within generations the culture syncretised into what is today a distinct aboriginal group, with...
community who opposed the leadership of Louis Riel
Louis Riel
Louis David Riel was a Canadian politician, a founder of the province of Manitoba, and a political and spiritual leader of the Métis people of the Canadian prairies. He led two resistance movements against the Canadian government and its first post-Confederation Prime Minister, Sir John A....
. As such, he was opposed by both "ultra-loyalists" among the English and by Riel's more numerous supporters among the Métis, and frequently clashed with fellow cabinet member Joseph Royal
Joseph Royal
Joseph Royal was a Canadian journalist, lawyer, politician, businessman, and Lieutenant Governor of the Northwest Territories.-Early life and career:...
, a political spokesman for the latter group. When three Métis were arrested on charges of treason following Fenian
Fenian
The Fenians , both the Fenian Brotherhood and Irish Republican Brotherhood , were fraternal organisations dedicated to the establishment of an independent Irish Republic in the 19th and early 20th century. The name "Fenians" was first applied by John O'Mahony to the members of the Irish republican...
raids in 1871, Clarke personally led the prosecution while Royal acted at the chief defence lawyer. Two of the defendants were acquitted, and one was convicted.
In the Canadian general election of 1872
Canadian federal election, 1872
The Canadian federal election of 1872 was held from July 20 to October 12, 1872, to elect members of the Canadian House of Commons of the 2nd Parliament of Canada. Prime Minister Sir John A...
, Clarke stood as a candidate against Riel in the riding of Provencher
Provencher (electoral district)
Provencher is a federal electoral district in Manitoba, Canada, that has been represented in the Canadian House of Commons since 1871. It is largely a rural district, the largest community being the city of Steinbach, Manitoba.-Demographics:-History:...
. However, both candidates resigned to allow the acclamation of George-Étienne Cartier
George-Étienne Cartier
Sir George-Étienne Cartier, 1st Baronet, PC was a French-Canadian statesman and Father of Confederation.The English spelling of the name, George, instead of Georges, the usual French spelling, is explained by his having been named in honour of King George III....
following the latter's defeat in Montreal.
Clarke was a provincial representative to Ottawa in 1871 and 1873, for meetings on immigration and "better terms" for the province.
In 1873, Clarke publicly defended Lord Gordon Gordon, an English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
trader and con-man who claimed to be a Scottish
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
lord, and made a fortune in investment fraud. The revelation of Gordon's true identity was an embarrassment for Clarke.
The ministry which included Clarke was defeated in the legislature in July 1874, when John Norquay
John Norquay
John Norquay was the Premier of Manitoba from 1878 to 1887. He was born near St. Andrews in what was then the Red River Colony, making him the first Premier of Manitoba to have been born in the region....
's bill for electoral redistribution was defeated. Clarke resigned as Attorney General, and returned to California. While stopping over in Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, he was beset upon by a group of investors who ran been defrauded by Gordon Gordon, and was seriously injured.
He returned to Winnipeg in 1877, and ran unsuccessfully for the constituency of Rockwood in the provincial elections of 1878
Manitoba general election, 1878
The third Manitoba general election was held on December 18, 1878 to elect representatives to the Legislative Assembly of Manitoba....
and 1879
Manitoba general election, 1879
This was the fourth Manitoba general election and was held on December 16, 1879....
. Previously a supporter of French language rights, Clarke was by this time campaigning against bilingualism and state funding for Catholic schools. Despite this, he later defended twenty-five followers of Louis Riel in court, after the second Riel Rebellion
North-West Rebellion
The North-West Rebellion of 1885 was a brief and unsuccessful uprising by the Métis people of the District of Saskatchewan under Louis Riel against the Dominion of Canada...
of 1885. Clarke died near Medicine Hat in 1889, while travelling by train.
Clarke is sometimes listed as the third Premier of Manitoba, but this is inaccurate. Like his "predecessors" Alfred Boyd and Marc-Amable Girard, Clarke was simply a leading minister in a cabinet controlled by the province's Lieutenant Governors. Morris, in fact, rejected Clarke's request to be recognized as Premier in 1873. Some modern sources list Clarke as having been the "Chief Minister" of Manitoba from 1872 to 1874, but he was not described by this title at the time; the term appears to be a more recent invention. Clarke was, however, acknowledged as the government leader in the legislature from 1871 to 1874.