Marshall Spring Bidwell was an American lawyer and politician. He was Speaker of the Legislative Assembly of Upper Canada from 1829 to 1830.
Background
Marshall Bidwell was born on February 16, 1799, at Stockbridge, Massachussets, United States. He was descended from Richard Bidwell, a pioneer settler of Windsor, Connecticut, in 1630, and was the son of Barnabas Bidwell and Mary (Gray) Bidwell.
Education
Marshall obtained his early education at Stockbridge, Massachussets, after his father's flight to Canada, at Bath, Ontario, where his father established a school. On the family's subsequently removing to Kingston, he studied law there and was admitted to the bar of Upper Canada in April 1820
Career
Bidwell opening an office in Kingston and later in Toronto, where practised law. In 1821 his father, elected that year as Reform member of the House of Assembly for the united counties of Lennox and Addington in the legislature of Upper Canada, was, as an alien, not permitted to serve. Marshall Bidwell thereupon became a candidate for his father's seat. Canadian politics had become exceedingly bitter and he was strongly opposed by the "Family Compact" or Government party. He contested the constituency three times and was ultimately elected in 1824, the Reform party having meanwhile procured the passing of an act relaxing the conditions under which persons who had resided in or taken an oath of allegiance to a foreign state could be excluded.
Bidwell at once became a prominent figure in the political arena, having early developed strength as a forceful debater with an intimate knowledge of constitutional law and precedent. His reputation as an able attorney was materially assisted by his success as chief counsel for the plaintiff in the celebrated suit of McKenzie vs. Jarvis et al. , "the type-riot case. " In 1828 he was reelected member for Lennox and Addington, and was chosen speaker of the House in 1829, being now one of the acknowledged leaders of the Reform party whose head was William Lyon Mackenzie. The following year the legislature was dissolved and Bidwell's party suffered defeat in the general election, but he was again returned. Growing discontent at the arbitrary actions of the Government party had been manifest for sometime, and at length culminated in a victory for the Reform party at the elections of 1834, Bidwell becoming speaker of the House in 1835 for the second time. Another general election took place in 1836 and he lost his seat, having represented Lennox and Addington for eleven years.
Political feeling in Upper Canada had now reached such a pitch that its repercussions had aroused the British Government to the necessity of conciliating the extreme factions, and the lieutenant-governor, Sir Francis B. Head, was instructed to appoint Bidwell to the first vacant judgeship of the Court of King's Bench. This Head deliberately refused to do, and in the meantime what is known as "the Upper Canada Rebellion" broke out under the auspices of William Lyon Mackenzie. Bidwell, a republican in principle, took no part in the rising and was not implicated in it. He refused to be a member of the proposed provincial convention, and announced his withdrawal from public life. The authorities became, however, suspicious of his good faith, and Sir Francis Head determined to compel him to leave the country.
The circumstances under which this was brought about have been a matter of great controversy. The truth appears to be that Bidwell was led to believe that a charge of treason would probably be made against him upon which, in the disturbed condition of the province, he would not get a fair trial. In any event he wrote, December 8, 1837, to Head that he had determined to leave the province forever, and he departed two days later. He went at once to New York City and was admitted by courtesy to the New York bar, where he speedily acquired a good practise. A case which brought him into prominence there was the libel suit by Fenimore Cooper against W. L. Stone, editor of the New York Commercial Advertiser, relative to the conduct of Commander Perry at the battle of Lake Erie in September 1813. Bidwell specialized in the law of real property, trusts, and construction of wills and in his later years appeared almost exclusively in the higher trial and appellate courts. In New York he became very popular, socially and professionally, being a man of great personal charm and equable temperament, and interesting himself actively in religious and charitable institutions. It was gradually realized in Canada that Sir Francis Head's action in procuring Bidwell's practical expulsion had been inexcusable, and, after the constitutional troubles of Upper Canada had been adjusted, vain efforts were from time to time made to induce him to return. Bidwell died in New York City.
Achievements
Marshall Bidwell was a successful lawyer. He also was a member of the Legislative Assembly of Upper Canada for Lennox & Addington from 1824 to 1836. On this position he helped introduce a bill which made it easier for American-born residents to become citizens. He also lobbied for responsible government within the province.