Fire On The Villains

 Anthony Dixon was the first child born to ancestors James Dixon and Isabella Swinbank in Canada following their 1818 immigration and initial settlement in Aldborough Township in Elgin County.  As an early Canadian career civil servant, Antony would, during that career, one day stand wrongfully accused of murder. 

Anthony, an early family record keeper, records his birth in the following terms: 

"Anthony Dixon, born on the 6^th of September, 1819 at 6 a.m. on the banks of Lake Erie in the Township of Aldborough, Talbot Settlement, Upper Canada, now in the County of Elgin, Province of Ontario, Dominion of Canada" 

Some literary licence was used by Anthony in describing his birth since the family farm at the time was in fact actually one concession road over from Lake Erie.  At the age of 5, Anthony moved with his family to Etobicoke Township near to-day’s Toronto Airport.  Nearby Dixon Road, now a major thoroughfare, is named after his many Dixon relatives who took up land in the area. 

In 1843 twenty-three-year-old Anthony married twenty-year-old Mary McLaughlin, an Irish born Catholic, at Toronto’s St. James Anglican Cathedral.  Two years later his career as a civil servant was launched with the Customs Service of Canada. 

Positions with the Customs Service at the time were highly sought after and popular patronage appointments.  In those days before income tax, three-quarters of all federal revenue came from customs and excise duties.  Salaries for Customs officials, often based on revenue collected, could also be supplemented by a right to share in the proceeds of any seized goods.  The year Anthony was appointed there were but one hundred and thirty-two customs officers in all of Canada.  Those officers scattered across sixty-three customs ports, mostly along the St. Lawrence River or the Great Lakes, were, apart from imposing duties on goods arriving from the United States, also tasked with dealing with the smuggling that was rampant along the border.    

Extensive documentation at Archives Canada traces Anthony’s various postings and his rise through his civil service career.  In September of 1845 Anthony reported for his first posting at Oakville as a surveyor and landing waiter, an antiquated term for one who assisted the collector of customs at any port.  Three months later he was posted for the winter to Fort Erie to help address the spate of smuggling from the United States that existing manpower had been unable to curb.  He later returned to his home base of Oakville before another winter posting that took him to Queenston. 

By the fall of 1847 and back in Oakville, Anthony requested a transfer to another port and an increase in salary.   Enclosed were letters of reference which spoke of his vigilance, zeal, and efficiency in carrying out his duties.  Anthony’s efforts were only partly successful.  Although he was posted to Brockville, there was to be no increase in salary, Anthony persistently continued to raise the matter over the next few years.  In one letter he pointed out that a dwelling house at his old port of Oakville could be had for six pounds per year while in Brockville he had to pay twenty-one pounds.  His superior supported Anthony in his efforts by describing him as a "zealous and meritorious officer".  In 1851 Anthony finally received the raise he had been seeking, an increase to seventy-five pounds per annum, a fifty percent increase over his previous salary. 

The financial success of 1851 was then followed by what were no doubt the most difficult months of Anthony’s life.  First he was accused, unfairly it appears, by the publisher and editor of the Brockville Recorder of financial irregularities in the course of his duties. These were the days when newspapers were usually known for supporting one political party to the exclusion of all others.  It seems that the publisher’s motives were political since in disparaging Anthony he complained about the "Tory leanings of the whole batch of customs officials here" before going on to assert that "the only Reformer belonging to the office is the hardest working man among the whole". 

Given this antagonism, an incident which followed on December 3, 1852 did nothing to cool the publisher’s rhetoric.  The seriousness of the incident is best captured in the wording of an urgent telegram to the Commissioner of Customs from Anthony’s superior: 

"A conflict occurred last night between a party of smugglers and Officer Dixon in which one of the smuggling party was killed.  The seizure was effected after great resistance, the guilty party same as in last seizure.  To whom shall I apply on the part of Government in the absence of Attorney General?" 

As a result of this incident Anthony would earn his place in Canadian Customs history as having been a party to the only smuggling case where a smuggler was shot and killed.  In his book, “The Collectors”, author David McIntosh writes: 

"Armed gangs of smugglers were not uncommon on the … St. Lawrence and Niagara frontiers of Upper Canada.  Assaults on customs officers and deliberate maiming of their horses were almost routine.  Smugglers and officers were constantly “presenting” their pistols at one another.  Luckily, both sides seemed to be very bad shots.  There is only one case (1852) in Canada we have found in which anyone was shot and killed:  a smuggler who was part of a gang intercepted by Customs on a cold winter’s night on the road between Brockville and Smith’s Falls."

The deceased was one Henry Smith.  After his death, his body was moved to a nearby hotel for the then obligatory immediate inquest.  Anthony testified that he had received a tip that Robert Chamberlain, a notorious local smuggler, had planned to offload a quantity of smuggled goods at a location near Brockville.  Acting on that information, Anthony, after concealing himself with three civilian assistants, heard the sound of an approaching empty wagon that then returned fully loaded shortly after. 

With that, Anthony stepped out and demanded of the three men accompanying the wagon that they "stop in the Queen’s name".  Chamberlain was then heard to state that he would die before giving up his goods and shoot those who stood in his way.  After then shouting "damn you, I’ll blow your brains out", he immediately fired at Anthony with ensuing mayhem and five or six shots fired on both sides.  When the shooting ended, Chamberlain’s accomplice Smith lay dead. 

It is clear from Anthony’s narrative that neither side had been shy about arming itself in advance.  Anthony had brought two pistols, one assistant three, another one pistol, and a third a fowling piece [shotgun].  The smugglers’ arsenal had included four clubs, Chamberlain’s pistol, and a cocked pistol found in Smith’s hand after his death. 

The smuggled goods over which Smith had died consisted of eleven chests of tea, four boxes of tobacco, some coffee, and an assortment of seasonings.  Although the goods were all seized, Chamberlain managed to escape.  It was Anthony’s evidence that the wagon used was the same as that involved in another smuggling incident two weeks earlier. 

It was reasonably clear, based on the totality of the evidence of Anthony’s civilian assistants, that it had likely been one of them who had fired the fatal shot amidst all the confusion.  Anthony said that he himself had fired no shots.  One of the assistants, providing confirmatory evidence of Chamberlain’s aggressive conduct, testified that he had fired at Anthony from a distance of two feet or less.  It was at that stage that Anthony had cried out "fire on the villains" and the resulting mayhem ensued. 

It seems nothing short of miraculous that Anthony was able to survive being shot at such close range once or, according to some reports, possibly twice.  The likely explanation for his survival is found in a subsequent report from Anthony’s superior: 

"Chamberlain, presenting a revolver at Mr. Dixon’s breast, fired twice.  The night being cold Mr Dixon was thickly clothed, which fortunately prevented the bullets from penetrating to his flesh … they had passed through thirteen folds of cloth." 

According to the report on the inquest, some of the jurors were interested in knowing why Anthony had selected civilians to assist him rather than fellow officers.  This was a question that Anthony had apparently refused to answer.  One can only speculate that Anthony may have had a clear eye on his own monetary interests in selecting strangers over fellow officers who would have been entitled to a share of the proceeds of the confiscated goods.  In this respect, the criticism levelled against him may have had some validity. 

Although the verdict of the coroner’s jury was that Smith had died from gunshot wounds, it reached no conclusion regarding the responsible party.    The verdict also censured Anthony by saying that it would have been preferable "had the said Anthony Dixon called on his brother officers to assist in seizing the aforesaid goods, instead of calling upon men unconnected with the customs department".  The publisher of the Brockville Recorder, with little regard for the facts, followed up this criticism by saying "we must do what we can to preserve our fellow citizens from being needlessly shot down like dogs". 

The publisher’s enmity was soon to be the least of Anthony’s problems.  The first telegram alerting the Commissioner of Customs of the incident was soon followed by another.  Apart from detailing the findings of the inquest, it alerted the Commissioner to a rapidly deteriorating situation.  Anthony's safety was in jeopardy and he was about to be arrested for murder: 

"Goff, Magistrate at Kitley [a community near Brockville where the deceased resided] has issued warrants against Dixon and party for murder.  The Bailiff insists that he will take them to Goff --- though his warrant says before him or any magistrate.  If this course is suffered I fear great murder will ensue for Kitley has been roused to great excitement …  Will the Attorney General give orders what to do?"

It appears that the arrest warrants for Anthony and his assistants were based on a private complaint by a brother of the deceased.  Law enforcement was not particularly sophisticated in the 1850s and prosecutions (albeit not usually murder) were frequently commenced by civilian informants.  Because federal archival sources that might shed light on subsequent events are missing for several months following the first urgent telegrams, it is necessary to refer to surviving copies of the Brockville Recorder to source the events that followed. 

What followed was a cat and mouse game to determine the jurisdiction in which the proceedings would be heard.  Two of Anthony’s assistants were the first to be arrested in Brockville but with the intention of taking them to Kitley. To frustrate that plan, a Brockville magistrate, after asking the Kitley constable to let him inspect the warrants, then refused to return the warrants and arranged for Brockville constables to bring the prisoners before him. 

The not surprisingly outraged magistrate in Kitley in turn promptly issued arrest warrants against the Brockville constables involved in the "rescue".  Remarkably, he also issued a warrant for the arrest of his fellow magistrate who had orchestrated events for an alleged obstruction of justice.  After some further procedural wrangling and government direction, the preliminary examination proceeded in Brockville before a panel of magistrates there.  It was their job to determine if the charge of murder had sufficient merit to proceed to trial.  By this time Anthony, assured of the venue, had turned himself in as did two of his assistants. 

The preliminary examination involved a procession of witnesses who gave evidence about their knowledge of the smugglers’ activities.  Compelling evidence also came from Anthony’s superior regarding his observations of Anthony’s condition after his brush with death.  The newspaper summary of his evidence reads: 

"On looking at Dixon’s face, he found it sprinkled with sparks of power.  His hands and his eyes were the same, his eyes being burned.  On taking hold of his coat, he found a place where bullets had entered, of which Dixon seemed to be unaware.  It was on the left lapel, nearly over his heart.  Witness was told that the bullets had penetrated thirteen folds of cloth.  Thinks there were two holes and in the inner coat where he found a small bullet."

The entire preliminary examination occupied four consecutive days ending January 1.  Because of space constraints, events were reported in the Brockville Recorder on a delayed weekly instalment basis that carried on into February.  By that time, emotions having perhaps calmed down, the publisher appears to have interest since the ultimate outcome of the hearing was never reported.  Brockville jail records, however, indicate that Anthony and his two assistants were discharged on January 1, 1853, the last day of the hearing, there apparently having been no evidence presented to warrant a committal for trial. Anhony was now again a free man after almost twenty-two days of imprisonment. 

The Commissioner of Customs had nothing but praise for Anthony and the way he had conducted himself.  His final report reads in part: 

"It is impossible to review the whole case without being strongly impressed with the conviction that a most daring design was deliberately planned to set the Revenue Laws at nought and that Chamberlain and his party would have achieved their object but for the courage, coolness, and intrepidity of Office Dixon and his coadjutors, the former of whom so narrowly escaped with his life … . The disastrous result on the side of the smugglers following the recent seizure at Brockville may have a salutary effect in checking the evil referred to, especially if Mr. Dixon’s conduct should in the case under consideration be marked with his Excellency the Governor General’s approbation … " 

The result was that Anthony was recommended to be rewarded with a gratuity of twenty-five pounds, an impressive sum for 1853.    Not surprisingly, within a few months Anthony was moved from Brockville to another port, this time to Cobourg.  It was here, after ten years of government service that Anthony again began lobbying for a further salary increase and promotion, a request strongly supported by his superior who described him as “a most zealous, efficient, and attentive officer highly deserving the favourable consideration of the government.” 

Anthony put it more bluntly: 

"I feel I have good claims upon the government, particularly when taking into account the hardships, perils, and degradations which I have undergone while in the discharge of my duty in endeavouring to sustain the Revenue Laws of the Province … my present salary is inadequate for myself and family in light of the high prices now paid for provisions, wood, rent, and other accessories." 

Although his was salary had increased to about one hundred and eighty-seven pounds over the years, Anthony, something of a complainer, frequently lobbied for more money, citing of greater salaries received by others for, he believed, less onerous duties.  In 1856 he wrote: 

"I have faithfully served the customs department for near eleven years and in doing so I have been fired at and beaten by smugglers and imprisoned with felons in the Gaol in Brockville, all of which is known to the Inspector of Ports with whom I was associated … at the Niagara frontier …" 

Although a salary increase was granted, the following year Anthony was once again asking for yet another increase on account of the greater salary a less experienced colleague was receiving.  He was also anxious for promotion. 

That year, promotion at last came when Anthony was made Collector of Customs at Port Darlington.  It appears, however, that Anthony soon became bored.  As early as 1858 he was complaining about the lack of activity at that port and requesting a transfer.  His entreaties fell on deaf ears until 1870 when he was appointed Collector of Customs at Belleville where he would spend his final years. 

Although archival records are for the most part missing for Belleville years, of some interest amongst the material collected by Rebecca Potter Dixon, Anthony’s niece and inveterate family historian.  It is an 1877 clipping from an unknown Toronto newspaper that was profiling the Town of Belleville: 

"The Custom Department at this place is one of the best managed in the Dominion, being presided over by Anthony Dixon, Esq., one of the most popular and efficient Collectors in Canada.  His commission dates as far back as 1845 thus making him one of the senior officers in Her Majesty’s civil service.  Mr. Dixon was in office before the passing of the Reciprocity Treaty, when it was necessary to use knives and pistols in the performance of his duty.  Although he has received many wounds in the service, he retains the marks of only two bullets received in his chest at the hands of the notorious Chamberlain.  His energetic and prompt efforts on both the Niagara and St. Lawrence had great effect in the suppression of smuggling … " 

Although the reference to actual bullet wounds is questionable (the bullets supposedly according to earlier accounts having been stopped as a result of the thirteen folds of clothing worn on account of the cold), Anthony does seem to have been a popular and respected community figure.  He would, however, die a year later in 1878 of an apparent heart attack at the age of fifty-eight.  

Anthony, to large extent, represents a nineteenth century success story.   .  Although he died at a reasonably young age, he managed to live an exceptionally full and interesting life.  From his birth by the shores of Lake Erie to a somewhat impoverished pioneer family, Anthony had risen through the ranks of the Canadian civil service as a senior representative and respected member of his community.  Along the way, he suffered the indignity of imprisonment while facing a spurious charge of murder over an incident that nearly cost him his life.  Not your typical bland civil servant.