Henry Pearce Driscoll
Encyclopedia
Lt.-Col. Henry Pearce Driscoll (1792-1869) Q.C., J.P., was an Irish
officer court-martialled and discharged from the British Army
at Montreal
. Remaining there he edited two newspapers and became well-known as a lawyer
, poet
and wit
.
circuit as a barrister
of considerable practice," and his wife Mary Ann Campbell (d. 1816), daughter of the Rev. Dr John Campbell (1724-1772) B.A., LL.B., LL.D., of Newgarden House; Vicar-General of Tuam
, Co. Galway. In 1806, Driscoll entered Trinity College, Dublin
. After graduating, he chose a military career and was commissioned as an Ensign
into the 2nd Battalion
of the 67th (South Hampshire) Regiment of Foot
, going with them to Spain
. There the battalion spent most of their time guarding the garrison at Cartagena
.
, Driscoll received a Lieutenancy in the newly formed 99th/100th Regiment and came to Canada
. The regiment was sent to the frontier on the Niagara Peninsula
and participated in most of the actions fought there, performing a brilliant feat of arms by the surprise and capture of Fort Niagara
in the winter of 1813. At the Battle of Chippewa his regiment suffered heavy losses. In 1817, Lieutenant Driscoll was court-martialled at Montreal
and discharged from the British army "for having falsely, calumniously, and maliciously traduced the character of his commanding officer, Brevet Major John Martin" in an address he gave before Lt.-General Sir Gordon Drummond at the conclusion of the war in 1814.
, where he studied for the bar in the offices of Denis-Benjamin Viger
. At the same time as his studies, he edited the Herald newspaper while living on Rue Saint-Paul, and in 1819 he was the editor of the Courant too. In May 1823, Driscoll was called to the Bar of Lower Canada
. He got on rapidly, gaining the reputation of being a clever, eloquent and witty lawyer. He was invited to run for Parliament
at Carleton County
, Upper Canada
, where many of his old regiment had been granted land, but declined. In time, he took silk and was for a long time Crown Prosecutor in the Criminal Terms. The future 4th Chief Justice
of Quebec
, Sir Francis Godschall Johnson
, articled under him from 1834 to 1836. He saw active service during the Lower Canada Rebellion
of 1837-38, and as a favourite of Lord Durham
, he was appointed Lieutenant Colonel
of the volunteers.
In 1840, he was appointed police magistrate
, and a seat on the Bench
lay before him. But, his levity of character, coupled with an irritable and sensitive spirit led him to quarrels, and duels
, with many of his legal contempories, notably Judges Aylwin
and Holland. Those who suffered from a sense of professional inferiority to the quick-tempered old Irishman, and the lash of his wit, did all they could to disparage him and point out his weaknesses, but in the end it was his disregard of public opinion that precluded him from becoming a Judge
, to which his talents clearly entitled him. On his death, except for Côme-Séraphin Cherrier
, he was the oldest serving member of his profession in Montreal
.
Driscoll had many good qualities, the chief of which was benevolence, which he often carried to excess, "in the manner of poor Oliver Goldsmith
"; and like that benevolent person, Driscoll was improvident and died poor. Though remembered as a great lawyer, Henry Driscoll had all the talents to attain high position and true lasting memory, but he threw away his opportunities. A strange peculiarity about him was that he did not like his own countrymen, and too frequently decried them.
. He was also an apt poet, and if all his epigrams and satires etc. were collected, they would have made a good-sized volume, entitling him to a place among the poets of Canada
.
He died at his home, 16 Barclay Street, Montreal
, on October 28, 1869. He was survived by at least two illegitimate sons, including Netterville Driscoll, of Montreal
. His first cousins included Mrs Richard Graves and Lt.-Col. Joseph Netterville Burton, the father of Captain Sir Richard Francis Burton
and Lady Stisted
, wife of the Lieutenant Governor of Ontario
. Also on his mother's side, he was related to the first cousins Sir William Collis Meredith
, 2nd Chief Justice
of Quebec
, and Sir Richard Graves MacDonnell
, briefly the Governor-General
of Nova Scotia
.
Irish people
The Irish people are an ethnic group who originate in Ireland, an island in northwestern Europe. Ireland has been populated for around 9,000 years , with the Irish people's earliest ancestors recorded having legends of being descended from groups such as the Nemedians, Fomorians, Fir Bolg, Tuatha...
officer court-martialled and discharged from the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
at 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...
. Remaining there he edited two newspapers and became well-known as a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, poet
Poet
A poet is a person who writes poetry. A poet's work can be literal, meaning that his work is derived from a specific event, or metaphorical, meaning that his work can take on many meanings and forms. Poets have existed since antiquity, in nearly all languages, and have produced works that vary...
and wit
Wit
Wit is a form of intellectual humour, and a wit is someone skilled in making witty remarks. Forms of wit include the quip and repartee.-Forms of wit:...
.
Early Life
In 1792, Henry Pearce Driscoll was born at Dublin. He was a son of Timothy Driscoll (1760-1835) K.C., "for many years known on the MunsterMunster
Munster is one of the Provinces of Ireland situated in the south of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial purposes...
circuit as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
of considerable practice," and his wife Mary Ann Campbell (d. 1816), daughter of the Rev. Dr John Campbell (1724-1772) B.A., LL.B., LL.D., of Newgarden House; Vicar-General of Tuam
Tuam
Tuam is a town in County Galway, Ireland. The name is pronounced choo-um . It is situated west of the midlands of Ireland, and north of Galway city.-History:...
, Co. Galway. In 1806, Driscoll entered Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
. After graduating, he chose a military career and was commissioned as an Ensign
Ensign (rank)
Ensign is a junior rank of a commissioned officer in the armed forces of some countries, normally in the infantry or navy. As the junior officer in an infantry regiment was traditionally the carrier of the ensign flag, the rank itself acquired the name....
into the 2nd Battalion
Battalion
A battalion is a military unit of around 300–1,200 soldiers usually consisting of between two and seven companies and typically commanded by either a Lieutenant Colonel or a Colonel...
of the 67th (South Hampshire) Regiment of Foot
67th (South Hampshire) Regiment of Foot
The 67th Regiment of Foot was an infantry regiment of the British Army, formed in 1758 and amalgamated into The Hampshire Regiment in 1881....
, going with them to Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
. There the battalion spent most of their time guarding the garrison at Cartagena
Cartagena, Spain
Cartagena is a Spanish city and a major naval station located in the Region of Murcia, by the Mediterranean coast, south-eastern Spain. As of January 2011, it has a population of 218,210 inhabitants being the Region’s second largest municipality and the country’s 6th non-Province capital...
.
Military Service
At 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...
, Driscoll received a Lieutenancy in the newly formed 99th/100th Regiment and came to 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...
. The regiment was sent to the frontier on the Niagara Peninsula
Niagara Peninsula
The Niagara Peninsula is the portion of Southern Ontario, Canada lying between the south shore of Lake Ontario and the north shore of Lake Erie. It stretches from the Niagara River in the east to Hamilton, Ontario in the west. The population of the peninsula is roughly 1,000,000 people...
and participated in most of the actions fought there, performing a brilliant feat of arms by the surprise and capture of Fort Niagara
Fort Niagara
Fort Niagara is a fortification originally built to protect the interests of New France in North America. It is located near Youngstown, New York, on the eastern bank of the Niagara River at its mouth, on Lake Ontario.-Origin:...
in the winter of 1813. At the Battle of Chippewa his regiment suffered heavy losses. In 1817, Lieutenant Driscoll was court-martialled at 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...
and discharged from the British army "for having falsely, calumniously, and maliciously traduced the character of his commanding officer, Brevet Major John Martin" in an address he gave before Lt.-General Sir Gordon Drummond at the conclusion of the war in 1814.
Legal Career
Driscoll remained in MontrealMontreal
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...
, where he studied for the bar in the offices of Denis-Benjamin Viger
Denis-Benjamin Viger
Denis-Benjamin Viger was a 19th century Lower Canadian politician, lawyer, businessman, and Patriote movement member.Viger was part of the militia in the early 19th century and then a captain in the War of 1812...
. At the same time as his studies, he edited the Herald newspaper while living on Rue Saint-Paul, and in 1819 he was the editor of the Courant too. In May 1823, Driscoll was called to the Bar of Lower Canada
Lower Canada
The Province of Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence...
. He got on rapidly, gaining the reputation of being a clever, eloquent and witty lawyer. He was invited to run for Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
at Carleton County
Carleton County, Ontario
Carleton County is the name of a historic county in Ontario, Canada. In 1969 it was superseded by the Regional Municipality of Ottawa-Carleton. In 2001 the Regional Municipality and the eleven local municipalities within it were replaced by the current City of Ottawa.-History:Carleton County was...
, Upper Canada
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...
, where many of his old regiment had been granted land, but declined. In time, he took silk and was for a long time Crown Prosecutor in the Criminal Terms. The future 4th Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
, Sir Francis Godschall Johnson
Francis Godschall Johnson
Sir Francis Godschall Johnson was a Canadian office holder. He was appointed Lieutenant Governor of Manitoba on April 9, 1872, but had his commission revoked before he was officially sworn in. In 1889, he was appointed the 4th Chief Justice of the Province of Quebec.-Early life:Born New Year's...
, articled under him from 1834 to 1836. He saw active service during the Lower Canada Rebellion
Lower Canada Rebellion
The Lower Canada Rebellion , commonly referred to as the Patriots' War by Quebeckers, is the name given to the armed conflict between the rebels of Lower Canada and the British colonial power of that province...
of 1837-38, and as a favourite of Lord Durham
John Lambton, 1st Earl of Durham
John George Lambton, 1st Earl of Durham GCB, PC , also known as "Radical Jack" and commonly referred to in history texts simply as Lord Durham, was a British Whig statesman, colonial administrator, Governor General and high commissioner of British North America...
, he was appointed Lieutenant Colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
of the volunteers.
In 1840, he was appointed police magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
, and a seat on the Bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
lay before him. But, his levity of character, coupled with an irritable and sensitive spirit led him to quarrels, and duels
Duel
A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...
, with many of his legal contempories, notably Judges Aylwin
Thomas Cushing Aylwin
Thomas Cushing Aylwin was a Quebec lawyer, judge and political figure.He was born in Quebec City in 1806, the grandson of Thomas Aylwin. Aylwin studied at Harvard University, then articled in law and was called to the bar in 1827. He entered the practice of law in partnership with Edward Short...
and Holland. Those who suffered from a sense of professional inferiority to the quick-tempered old Irishman, and the lash of his wit, did all they could to disparage him and point out his weaknesses, but in the end it was his disregard of public opinion that precluded him from becoming a Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, to which his talents clearly entitled him. On his death, except for Côme-Séraphin Cherrier
Côme-Séraphin Cherrier
Côme-Séraphin Cherrier was a lawyer and political figure in Lower Canada.He was born in Repentigny in 1798, the son of a farmer and merchant. After his mother died in 1801, he was raised by the family of his uncle Denis Viger. Another uncle was Joseph Papineau...
, he was the oldest serving member of his profession 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...
.
Driscoll had many good qualities, the chief of which was benevolence, which he often carried to excess, "in the manner of poor Oliver Goldsmith
Oliver Goldsmith
Oliver Goldsmith was an Irish writer, poet and physician known for his novel The Vicar of Wakefield , his pastoral poem The Deserted Village , and his plays The Good-Natur'd Man and She Stoops to Conquer...
"; and like that benevolent person, Driscoll was improvident and died poor. Though remembered as a great lawyer, Henry Driscoll had all the talents to attain high position and true lasting memory, but he threw away his opportunities. A strange peculiarity about him was that he did not like his own countrymen, and too frequently decried them.
Poet and Wit
Driscoll was possessed of a great wit and talent with words. He was affectionately known among his many admirers as "Grin-Chuckle", and everyone expected a bon mot or a pun from him. His epigrams were very pungent, and many of his witty sayings were remembered long after his death by the old citizens of MontrealMontreal
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...
. He was also an apt poet, and if all his epigrams and satires etc. were collected, they would have made a good-sized volume, entitling him to a place among the poets of 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...
.
He died at his home, 16 Barclay Street, 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...
, on October 28, 1869. He was survived by at least two illegitimate sons, including Netterville Driscoll, of 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...
. His first cousins included Mrs Richard Graves and Lt.-Col. Joseph Netterville Burton, the father of Captain Sir Richard Francis Burton
Richard Francis Burton
Captain Sir Richard Francis Burton KCMG FRGS was a British geographer, explorer, translator, writer, soldier, orientalist, cartographer, ethnologist, spy, linguist, poet, fencer and diplomat. He was known for his travels and explorations within Asia, Africa and the Americas as well as his...
and Lady Stisted
Henry William Stisted
Lieut.-General Sir Henry William Stisted, KCB , served as the first Lieutenant Governor of Ontario after Confederation, from 1867 to 1868....
, wife of the Lieutenant Governor of Ontario
Lieutenant Governor of Ontario
The Lieutenant Governor of Ontario is the viceregal representative in Ontario of the Canadian monarch, Queen Elizabeth II, who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada and resides predominantly in her oldest realm, the United...
. Also on his mother's side, he was related to the first cousins Sir William Collis Meredith
William Collis Meredith
The Hon. Sir William Collis Meredith, Kt., Q.C., D.C.L. was Chief Justice of the Superior Court of Quebec.-Early life:...
, 2nd Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
, and Sir Richard Graves MacDonnell
Richard Graves MacDonnell
Sir Richard Graves MacDonnell KCMG CB was an Anglo-Irish lawyer, judge and colonial governor...
, briefly the Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
of Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
.
Works
- Capture of Fort Niagara, by Lieutenant Henry Driscoll, 1814