Henry John Boulton
Encyclopedia
Henry John Boulton, QC
(1790 – June 18, 1870) was a lawyer, judge and political figure in Upper Canada
.
He was born at Little Holland House, Kensington
, England
, the son of D’Arcy Boulton, in 1790. Some time later, the family settled in New York
state and then moved to Upper Canada around 1800. He studied law at York (Toronto
) and then at Lincoln's Inn
in London
. He was called to the English bar and, in 1816, the bar of Upper Canada. In 1818, he succeeded John Beverley Robinson as Solicitor General
and, in 1829, succeeded Robinson as attorney general
. In 1830, he was elected to represent Niagara
in the Legislative Assembly of Upper Canada
. He instigated several expulsions of William Lyon Mackenzie
from the assembly. In 1832, Lord Goderich
, the colonial secretary
, asked the provincial administration to stop attacking Mackenzie; Boulton was dismissed from office after expressing his opposition to these instructions.
After he protested his dismissal, he was offered the post of chief justice
of Newfoundland in 1833. He introduced a new system of selecting juries based on the method then used in England
. He set up a law society
in the province and set up regulations governing the admission of new lawyer
s to the bar. He also amended a number of traditional arrangements regarding credit in the fishing industry. Many of these changes were not well-received. After representatives from the colony presented their concerns in London, Boulton was removed from office.
He returned to private practice in Toronto. In 1841, and was appointed a Queen's Counsel
in 1842. He was elected to the 1st Parliament of the Province of Canada
representing Niagara
. In parliament, Boulton supported Robert Baldwin
's concept of responsible government
. His support of the reformers resulted in his defeat in the next election but, in 1846, he was appointed to the Executive Council
and elected in Norfolk
in 1847. He proposed an amendment to the Rebellion Losses Bill
which excluded those convicted of treason
from benefits which helped sell the bill in Canada West. After 1851, he retired from politics but continued to practice law until about 1860.
He died at Toronto
, Ontario in 1870.
His brother, George Strange Boulton
, was also a member of the Legislative Assembly and served on the Legislative Council. Another brother, D'Arcy Boulton, built and lived at The Grange (Toronto)
.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(1790 – June 18, 1870) was a lawyer, judge and political figure in 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...
.
He was born at Little Holland House, Kensington
Kensington
Kensington is a district of west and central London, England within the Royal Borough of Kensington and Chelsea. An affluent and densely-populated area, its commercial heart is Kensington High Street, and it contains the well-known museum district of South Kensington.To the north, Kensington is...
, England
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...
, the son of D’Arcy Boulton, in 1790. Some time later, the family settled in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
state and then moved to Upper Canada around 1800. He studied law at York (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...
) and then at Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. He was called to the English bar and, in 1816, the bar of Upper Canada. In 1818, he succeeded John Beverley Robinson as Solicitor General
Solicitor General of Canada
The Solicitor General of Canada was a position in the Canadian ministry from 1892 to 2005. The position was based on the Solicitor General in the British system and was originally designated as an officer to assist the Minister of Justice...
and, in 1829, succeeded Robinson as attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
. In 1830, he was elected to represent Niagara
Niagara-on-the-Lake
Niagara-on-the-Lake is a Canadian town located in Southern Ontario where the Niagara River meets Lake Ontario in the Niagara Region of the southern part of the province of Ontario. It is located across the Niagara river from Youngstown, New York, USA...
in 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...
. He instigated several expulsions of William Lyon Mackenzie
William Lyon Mackenzie
William Lyon Mackenzie was a Scottish born American and Canadian journalist, politician, and rebellion leader. He served as the first mayor of Toronto, Upper Canada and was an important leader during the 1837 Upper Canada Rebellion.-Background and early years in Scotland, 1795–1820:Mackenzie was...
from the assembly. In 1832, Lord Goderich
Frederick John Robinson, 1st Viscount Goderich
Frederick John Robinson, 1st Earl of Ripon PC , styled The Honourable F. J. Robinson until 1827 and known as The Viscount Goderich between 1827 and 1833, the name by which he is best known to history, was a British statesman...
, the colonial secretary
Colonial Secretary
Colonial Secretary may refer to:* Secretary of State for the Colonies, British Cabinet minister who headed the Colonial Office, commonly referred to as Colonial Secretary...
, asked the provincial administration to stop attacking Mackenzie; Boulton was dismissed from office after expressing his opposition to these instructions.
After he protested his dismissal, he was offered the post of 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 Newfoundland in 1833. He introduced a new system of selecting juries based on the method then used in England
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...
. He set up a law society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
in the province and set up regulations governing the admission of new 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...
s to the bar. He also amended a number of traditional arrangements regarding credit in the fishing industry. Many of these changes were not well-received. After representatives from the colony presented their concerns in London, Boulton was removed from office.
He returned to private practice in Toronto. In 1841, and was appointed a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1842. He was elected to the 1st Parliament of the Province of Canada
1st Parliament of the Province of Canada
The 1st Parliament of the Province of Canada was in session from June 15, 1841 to 1843. Elections were held in the Province of Canada in April 1841. All sessions were held at Kingston, Canada West....
representing Niagara
Niagara-on-the-Lake
Niagara-on-the-Lake is a Canadian town located in Southern Ontario where the Niagara River meets Lake Ontario in the Niagara Region of the southern part of the province of Ontario. It is located across the Niagara river from Youngstown, New York, USA...
. In parliament, Boulton supported Robert Baldwin
Robert Baldwin
Robert Baldwin was born at York . He, along with his political partner Louis-Hippolyte Lafontaine, led the first responsible ministry in Canada, regarded by some as the first truly Canadian government....
's concept of responsible government
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
. His support of the reformers resulted in his defeat in the next election but, in 1846, he was appointed to the Executive Council
Executive Council
Executive Council may refer to:In government:* Executive Council , a constitutional organ which exercises executive power and advises the governor.* Executive Council of Bern, the government of the Swiss canton of Bern....
and elected in Norfolk
Norfolk County, Ontario
Norfolk County is a rural city-status single-tier municipality on the north shore of Lake Erie in Southwestern Ontario, Canada. Bloomsburg is a small town located in Norfolk County and is the hometown of David Slater. The county seat and largest community is Simcoe...
in 1847. He proposed an amendment to the Rebellion Losses Bill
Rebellion Losses Bill
The Rebellion Losses Bill was a controversial law enacted by the legislature of the Province of Canada in 1849...
which excluded those convicted of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
from benefits which helped sell the bill in Canada West. After 1851, he retired from politics but continued to practice law until about 1860.
He died at 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...
, Ontario in 1870.
His brother, George Strange Boulton
George Strange Boulton
George Strange Boulton was a lawyer and political figure in Upper Canada.He was born near Albany, New York, in 1797, the son of D’Arcy Boulton, and came to Upper Canada with his family around 1800. He studied at John Strachan's school in Cornwall. He served during the War of 1812...
, was also a member of the Legislative Assembly and served on the Legislative Council. Another brother, D'Arcy Boulton, built and lived at The Grange (Toronto)
The Grange (Toronto)
The Grange is a historic Georgian manor in downtown Toronto, Canada and was the first home of the Art Museum of Toronto. Today, it is part of the Art Gallery of Ontario. The structure was built in 1817, making it the 12th oldest surviving building in Toronto and the oldest remaining brick house...
.