Canada -- Social life and customs; Ontario -- Description and travel
There is no reason to infer that this is misquoted in a single letter.
In fact current testimony will bear out all that Miller says, and the
reading of this court scene will give us a very true insight into life
in Canada in 1838, and will be quite new to the present generation of
Canadians. The author gets this court scene from “Notes of an Exile, on
Canada, England and Van Diemen’s Land,” by Linus Wilson Miller, and it
is probable that the copy of Miller’s book that I possess is the only
one in Canada to-day.
“On August 5th, 1838, Linus Wilson Miller was again tried at
Niagara, and here follows the scene in court when the jury brought
in a verdict of ‘Guilty, with an earnest recommendation of the
prisoner to the extreme mercy of the court.’
“CHIEF JUSTICE (in a great rage)--Gentlemen of the jury, do you
know that your verdict is virtually an acquittal? How dare you
bring in such a verdict in this case?...
“THE FOREMAN--My Lord, the jury regard him as having been partially
deranged some months since, but of sane mind when he invaded this
province.
“CHIEF JUSTICE--Then retire, gentlemen, and reconsider your
verdict. You cannot recommend him to mercy.
“In a few minutes they returned with a verdict of ‘guilty, with a
recommendation of the prisoner to the mercy of the court.’
“CHIEF JUSTICE--Gentlemen of the jury, I’ll teach you your duty,
how dare you return such a verdict?...
“A JURYMAN--My Lord, we recommend him on account of his youth.
“CHIEF JUSTICE--That is no excuse for his crimes, ...
“ANOTHER JURYMAN--My Lord, we believe him to be an enthusiast in
the cause in which he was engaged; that his motives are good, and
his conduct honorable and humane.
“CHIEF JUSTICE--Your duty is to pronounce the prisoner guilty or
not guilty.
“After a short consultation the jury returned a verdict of guilty
only, and the infamous Chief Justice--a second Jeffreys--with a
countenance beaming with hellish smiles, bowed to the jury.”
Miller was in due course sentenced to be hanged, but this sentence was
commuted to transportation. We find him and twelve others, all
Canadians, chained and sent by steamer _Cobourg_ to Kingston. From
Kingston the party were sent by another steamer to Montreal. After being
changed again they reached Quebec. Here the thirteen Canadian prisoners
were put on board a timber ship and sent to England. From the fact that
so very few Canadians know that Canadians were transported to the other
side of the world, the author makes special mention of this matter.
To-day we would not think of doing such things, and very many Canadians
will be inclined to question the truthfulness of the statement. But, in
all, ninety-one Canadian state prisoners were sent to that distant penal
colony. A few lines of verse may be inserted as very apt and striking.
They are by T. R. Harvey:
Public-domain text, read in full here on John Shaqi.
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