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Updated: June 30, 2025
The most effective Tory arguments were founded upon the assumption that the concession of Responsible Government would be a mere preliminary to separation from the mother country. The speech made by Mr. Hagerman on this occasion was one of the most brilliant efforts of his life. Mere verbal eloquence, however, exhausted itself in vain. The report was adopted by a vote of thirty-two to twenty-one.
Hagerman, who temporarily succeeded Judge Willis, was an abler man, but his political feelings were so strong that Rolph would not imperil the interests of his clients by appearing before him. Upon the accession of Attorney-General Robinson to the bench the state of affairs from Rolph's point of view was not much improved. Mr.
Hagerman are of course bound to act upon their own view of what is most for the interest of their constituents, and of the colony at large.
Judge Sherwood, however, was absent from the bench when the jury returned into Court with their verdict, his place being taken by Judge Hagerman, who had many times been subjected to the arrows of Collins's satire, and who was referred to with bantering contumely in the very report which formed the subject of the present prosecution.
It seemed useless to apply for a new trial, as the application would have to be made to either Sherwood or Hagerman, from neither of whom could he hope to obtain justice. The Freeman continued to make its appearance, although its publication was necessarily carried on under great disadvantages.
Stanley, by his fiery speech against O'Connell, won for himself the sobriquet of "the Rupert of Debate." Henry Sherwood, who had by this time attained to a prominent place in the ranks of the official party, was especially loud in his denunciations of the British Government for dismissing Boulton and Hagerman.
For eleven weeks "the topsail halliards were started only once, to take in a single reef for a few hours." It is not surprising, therefore, to learn that, seventeen days out from Shanghai, the Florence exchanged signals with the English ship John Hagerman, which had sailed thirteen days before her.
Nothing, it was felt, would be so certain to give him a fictitious importance as to prosecute him for treason, at least until he should proceed to such lengths as to render a prosecution imperative. Sir Francis Head, Chief Justice Robinson, Attorney-General Hagerman, Judge Jones, and the whole race of officialdom refused to believe in the possibility of an actual rebellion.
It proved, indeed, that the sentence was to be considered as the joint sentence of the two Judges. "Taking all the circumstances of the case into consideration," it ran, "Mr. Justice Hagerman and myself deemed the sentence which we passed on the defendant both proper and necessary for the public good, and what the case itself required."
Neither was the contemptuous manner in which they had seen fit to refer to the Secretary's despatch written after the perusal of Mackenzie's memoir. A missive on the former subject had been sent to Sir John Colborne some months before the commencement of the session of 1832-3, the contents of which seem to have been promptly communicated to Messieurs Boulton and Hagerman.
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