Thomas Cushing Aylwin

Thomas Cushing Aylwin (January 5, 1806 – October 14, 1871) was a lawyer, political figure and judge in Lower Canada (now Quebec).

In 1848, Lafontaine appointed Aylwin to the Court of Queen's Bench for Lower Canada, partly to make space on the Executive Council for another member of the Reform coalition.

Aylwin served as a judge for twenty years, and continued to build on his reputation for detailed knowledge of the law, coupled with the ability to move quickly to the key points in issue in a case.

[1][2][3] His paternal grandparents were Thomas Aylwin and Lucy Cushing, who had moved to Quebec from Massachusetts after the outbreak of the American Revolution.

[4] Aylwin's education began in a private school operated by a Presbyterian minister, Daniel Wilkie.

[3] He entered the practice of law in partnership with Edward Short, who later was also a member of the Legislative Assembly and then appointed to the bench.

[1] Aylwin began his political involvement in the 1830s, as a founding member of the Constitutional Association of Quebec, which aimed at increasing popular control of government through the elected Legislative Assembly.

He wrote numerous "slashing" articles published in the newspapers, critiquing Governor General Lord Gosford's policies.

[2][3] He agreed with some of the policies of the Parti patriote, but did not support their move to rebellion under the leadership of Louis-Joseph Papineau.

[5][6][7] The Union Act came into force in 1841, and Aylwin stood for election to the new Legislative Assembly, the lower house of the Parliament.

As the session went on, Aylwin's voting pattern demonstrated that he was a consistent opponent of the government of Governor General Lord Sydenham.

[10] Aylwin became recognised as a leader in parliamentary debates, due to his personal popularity and also his talents in oratory and argument, honed in his years as a courtroom barrister.

LaFontaine and Baldwin, on the other hand, were determined to develop responsible government in Canada, which would require the Governor General to appoint the ministry from the political group which controlled the elected Legislative Assembly, and allow the ministers to appoint government officials who would carry out their policies.

[15] Matters came to a head in October and November 1843, when Metcalfe filled various government positions without consulting the Executive Council.

The Reformers in Upper Canada lost significantly, changing the balance of power in the new Legislative Assembly.

His background as a strong supporter of the French-Canadian group, and his fluent bilingualism, stood him in good stead with the electorate.

[20] Aylwin became a leading figure on the opposition benches in the new Parliament, with his lawyer's skill in debate and his personal popularity.

One contemporary newspaper described him as "Short, nearsighted, and (at this time at least) never quite sober, Aylwin commanded not by his physical presence as much as by his charming, genial bluffness and, above all, by his prodigious bilingual gift for words.

However, he only held the position for a short time, as Lafontaine offered him an appointment to the Court of Queen's Bench for Lower Canada, in Quebec City, possibly to make room for another member of the Reform group, Hume Blake.

[1] While on the bench, Aylwin continued to maintain his reputation for deep knowledge of the law, clear understanding of the issues presented, and eloquence in his charges and decisions.

Lord Gosford, Governor General of British North America, who was the target of Aylwin's "slashing" newspaper critiques
Lord Sydenham, Governor General of the Province of Canada, whom Aylwin opposed in Parliament
Louis-Hippolyte Lafontaine, who had Aylwin appointed Solicitor-General for Lower Canada
Dominick Daly, who fought a duel with Aylwin over Daly's decision not to resign in 1843
Entrance to Mount Hermon Cemetery, where Aylwin is buried