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Les Patriotes de 1837@1838 - Minute du Conseil Ex閏utif du Haut-Canada (31 mars, 1838)
 HAUT-CANADA 
     
Minute du Conseil Ex閏utif du Haut-Canada (31 mars, 1838)
Article diffus depuis le 20 mai 2000
 




...[The Honorable The Chief Justice being in attendance was called in, and His Excellency having communicated to him the Documents above enumerated, was pleased to request his Opinion as to the necessity of Capital punishments for High Treason, commited during the late revolt and to what extent the actual State of the Province required that such punishment should be inflicted, and also as to the time when it would be most calculated to be of public benefit to carry the Sentences of the Courts into effect in cases in which it would be considered that the Royal mercy ought not to be extended. The Chief Justice stated, that in his Opinion is was necessary for the ends of Justice, and due to the Loyal Inhabitants of the Province, that some examples should be made in the way of Capital punishments. He also said that he conceived the extent to which this was actually required to be done would be very limited.] The Chief Justice was of Opinion that all the good to arise from carrying Sentences of death into effect, would be lost by the delay which must take place, if references were had to Her Majesty and that however his feelings might lead him to give the unfortunate Convicts every chance of Mercy, he felt himself bound by an imperative sense of public duty, not to advise such a reference in all cases.

His Excellency was pleased to ask the Opinion of The Chief Justice as to whether it would be legal or proper for the Government after selecting for prosecution and punishment those whose cases might be considered as most Aggravated and requiring exemplary punishment to direct a Stay of proceedings against others until the pleasure of Her Majesty should be known?

The Chief Justice answered, that an interference with the ordinary course of Justice, on the part of the Goverment and without Parliamentary Sanction was liable to many objections, but that before giving any decided recommendation he would take pains to inform himself more fully as to the course usually pursued on like occasions, and that he would if it was His Excellency's pleasure, wait upon His Excellency in Council at such time as His Excellency should desire his attendance.

Upon which The Lieutenant Governor informed the Chief Justice that it was his intention to meet his Council on Monday next at Noon and would feel obliged by Chief Justice's attendance.]

His Excellency was pleased to require the attendance of the Attorney General, and on that Officer appearing, His Excellency proposed to him the same questions as had been before asked of the Chief Justice, and moreover directed his attention to the Cases of the two Convicts reported by the Chief Justice to be under Sentences of death. (REMARQUE: the text in brackets was removed from the official version of the Minute)

["The Arthurs Papers. Being the Papers Mainly Confidential, Private, and Demi-Official of Sir George Arthur, K. C. H., Last Lieutenant-Governor of Upper Canada in the Manuscript Collection of the Toronto Public Libraries", Ed. by Charles R. Sanderson. Toronto Public Libraries and University of Toronto Press, 1943,1947.]

 

Recherche parmi 15772 individus impliqu閟 dans les r閎ellions de 1837-1838.

 



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