"The pirates of the penitentiary": religion and politics in late 19th century British Columbia.(Essay)

Chronic reports of mismanagement in the British Columbia Penitentiary resulted in several investigations and a recommendation that Arthur McBride, the long-time warden, be superannuated. That set off a contest for the wardenship between the Orangeman, provincial gaoler William Moresby, who had the support of local politicians, and James Fitzsimmons, the Catholic deputy warden and protege of J.G. Moylan, the Inspector of Penitentiaries, who had members of the Catholic hierarchy in English Canada lobbying for him. Meanwhile, the federal government appointed a Royal Commission in 1894. Much of the evidence concerned Fitzsimmons' practice of providing the adjacent Good Shepherd Orphanage with convict labour and prison supplies. The government dismissed Fitzsimmons but briefly reinstated him as deputy much to the consternation of many British Columbians who objected more to his alleged dishonesty than to his religion. Though important in national politics, religion was not a divisive issue in British Columbia.

Des rapports constants de mauvaise gestion dans le penitencier de la Colombie-Britannique ont donne lieu a de nombreuses enquetes et a la recommandation que Arthur McBride, son directeur depuis longtemps, soit mis a la retraite. Lorsque s'est ouvert le concours pour la direction de l'etablissement, deux personnes se sont opposees. D'une part, le geolier provincial William Moresby, un orangiste qui avait le soutien des politiciens locaux, et, d'autre part, James Fitzsimmons, le sous-directeur catholique de l'etablissement. Celui-ci etait le protege de J.-G. Moylan, inspecteur des penitenciers, et il pouvait compter sur le lobbying de membres de la hierarchie catholique au Canada anglais. Sur ces entrefaites, le gouvernement federal a nomme une commission d'enquete parlementaire en 1894. La plupart des temoignages qui y ont'ete entendus ont porte sur la pratique courante de Fitzsimmons de fournir au Good Shepherd Orphanage adjacent de la main-d'ceuvre penale et du materiel carceral. Le gouvernement a alors destitue Fitzsimmons, mais l'a reinstalle comme suppleant pendant une courte periode, a la grande consternation de beaucoup en Colombie Britannique, qui ont fait davantage valoir sa malhonnetete presumee que sa religion. Bien qu'ayant de l'importance au niveau national, la religion n'etait pas une question susceptible de diviser la population en ColombieBritannique.

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In April 1895, amateur singers in New Westminster, B.C. presented the popular Gilbert and Sullivan operetta, "The Pirates of Penzance." The New Westminster British Columbian suggested local librettists could "produce a new, political, opera-bouffe on 'The Fitzsimmons Re-instatement.'" It explained:

 
   We cannot just at present suggest an appropriate alliterative 
   title, unless 'Pirates of the Penitentiary' would do. There 
   might be a good deal about 'orphans," too. In this case, the 
   'pirates,' instead of working upon the humane rule of 
   exempting orphans from their depredations, might go the 
   'Penzance' marauders one better by making it a canonical virtue 
   to steal and rob on behalf of the 'orphans' at every opportunity; 
   and, incidentally, the 'pirates,' or, at least, the 'Pirate King," 
   in this new opera, ought to be an 'orphan" himself, so that he 
   might be doing a virtuous and commendable act whenever he broke 
   the eighth commandment. (1) 

Approximately fifty orphans resided at what was popularly known as the Good Shepherd Orphanage recently established by the Sisters of the Good Shepherd at a site adjacent to the penitentiary; (2) the 'Pirate King' was James Fitzsimmons, the deputy warden. Despite several inquiries and a Royal Commission, it is difficult to tell who bore false witness.

The story illustrates the importance of religion in Canadian politics and government in the late nineteenth century. Immediately after Prime Minister Mackenzie Bowell told the Senate of his latest plan to resolve the Manitoba School Question in July 1895, (3) Senator Thomas McInnes of British Columbia introduced an issue without "politics, religion of race." He excluded politics because the B.C. Members of the House of Commons and Senate agreed on it; he excluded religion and race (a reference to French and English) because most of the principals were Irish Roman Catholics. (4) Contrary to McInnes, who read the short report of the Royal Commission to Investigate the Administration of [the] New Westminster Penitentiary into the Senate debates, religion, in the form of intervention by the Catholic clergy across the country, had a role. Catholics were about a quarter of B.C.'s population nevertheless they had little political influence since many were aboriginals who could not vote. (5) Catholics as a whole had little influence in the province. Thus, the provincial government could, for example, ignore requests by the province's bishops for support for Catholic schools but anti-Catholicism was not rife: several Catholics were prominent politically and although both the "pirate" and the orphans were Roman Catholics, in the controversy surrounding the penitentiary, the local press and politicians focussed on mismanagement rather than religion. (6)

Dramatis personae

As part of the Terms of Union by which B.C. entered Confederation in 1871, Ottawa agreed to build a federal penitentiary there. (7) As the building neared completion, would-be wardens applied for the job but neither they nor their supporters mentioned religion. (8) Arthur H. McBride, the man chosen, was well-qualified. He had served in the Irish militia, was colonial gaoler in Victoria for two years before taking charge of the colonial/provincial gaol at New Westminster in 1870, and had testimonials from many of the province's leading political figures and the endorsement of James Cunningham, a Methodist from Ireland, former mayor of New Westminster and its Liberal M.P. from 1874 until he resigned in January 1878. (9)

As news leaked out that McBride would likely become warden, B.C.'s three senators (all Conservatives), claiming to speak for four of the province's six Members of the House of Commons, reminded the Justice Minister that they favoured another candidate. They conceded McBride's good work as provincial gaoler but doubted if "he could satisfactorily discharge" the "far more responsible" duties at the Penitentiary. The senators agreed that the government should consult the local Member about appointments in his district but this one had more than local interest. (10) In May 1878, before a federal election returned the Conservatives to power, McBride's appointment was approved by order-in-council. Both New Westminster newspapers welcomed this based on his "first-class record" at the gaol. (11)

McBride never had full authority as warden. Initially a locally-based part-time Assistant Inspector of Penitentiaries, Dr. W. Wymond Walkem, a medical doctor and brother of Premier George Walkem, oversaw his work. Dr. Walkem resigned effective 1 January 1881 and was not replaced but later complained to James George Moylan, the Inspector of Penitentiaries and head of the federal penitentiary service, that McBride repeatedly rejected instructions to confine convicts to their cells when they were not employed, explaining that the "Inspector has directed him [not] to do so." (12)

Moylan plays a leading role in this story. A native of Maynooth, Ireland, he carne to Canada in 1856 as professor of Classics and English literature at the Jesuit College in Guelph. Two years later, he became editor and proprietor of the Canadian Freeman, a defender of the cause of Irish Catholics. After breaking with the Reformers because they did not support Separate Schools, Moylan became a strong supporter of John A. Macdonald and the Conservatives. His reward was an appointment to the Board of Directors of Penitentiaries. The Alexander Mackenzie government abolished the board but made him inspector of penitentiaries. His biographer described Moylan as "the most powerful voice in Canada in penitentiary reform and administration" but notes that ministers of justice made all major staff appointments and frequently ignored his suggestions for reform. Moylan, with a reputation for being "officious and arbitrary, was used to getting his own way." (13) He was superannuated in January 1895 at age 69, but events in New Westminster, not just age, help to explain his retirement.

Moylan carne to New Westminster in 1878 to assist McBride set up the institution and sent James Fitzsimmons as chief keeper with instructions to consult with the warden and to administer the new penitentiary along the same lines as the one in Kingston, Ontario. Fitzsimmons, a Roman Catholic native of Ireland, had served in various capacities at Kingston since 1858. Moylan's first report from British Columbia praised Fitzsimmons' "practical knowledge of farming, draining and fencing" and "his great experience in regard to the rules and discipline." He recommended a salary increase and a rise in rank to that of deputy warden. (14) Thomas R. McInnes, the Independent M.P. for New Westminster, agreed. (15) In their annual reports to Moylan, McBride and the two chaplains, especially Father E.M.J. Horris, an Oblate of Mary Immaculate (OMI), often commended Fitzsimmons as a "jack of all trades" in repairing the drains, clearing the grounds, and cultivating the fields, a point echoed in the local Catholic magazine, The Month. (16)…