An examination has been made by Judge Mondelet of Three Rivers,
of the registers kept of the decisions of the military court of
Montreal. These latter have been generally found equitable and
founded on positive law; they are legally attested to in most
cases, the secretary of the council being a Frenchman skilled
in the law, such as was Pierre Panet, the notary, and the
minutes are all in French. The first four registers contain the
transactions of the “Chambre de Milices” presided over by the
captains of the militia, and dealt only with civil cases. The
fifth and sixth of these registers contain the criminal decisions
of the court martials of the _Chambre Militaire_ of Montreal
and that of St. Sulpice, as well as appeals from the “Chambre de
Milices.” This court was composed only of officers of the regular
army to the number of five. In addition there was the further
right of appeal to the governor. The seventh register “appeals to
the governor,” records the decisions of General Gage (page 299),
and of General Burton (page 95).
By consulting the records we find that order during this period
was observed independently of the racial distinctions in the
city. We hear of, for instance, early in 1761 of the execution
of a grenadier of the Forty-fourth Regiment for robbery, which
is balanced by that of a French soldier, formerly of the La
Salle Regiment, for the murder of a habitant at Ile Jésus, the
execution being carried out in the market place.
It will be interesting here to notice some of the court martials
held at Montreal in the years 1761 and 1762. It will be seen
that French and English, the “new” and the “old” subjects,
came equally under them, being treated with equal justice. The
following cases from the “Livre d’orde” reveal this.
Montreal, June 3, 1761, at the court martial general,
Lieutenant-Colonel Grant presiding, Jean Marchand of
Boucherville, was prosecuted for the murder of Joseph Carpentier,
a Canadian,--acquitted.
Tuesday, June 30, William Bewen accused of having intoxicated
soldiers and of selling rum without license, is found guilty,
having been accessory to his associate, Isaac Lawrence, who has
the habit of selling rum to the soldiers,--condemned to receive
200 stripes of the cat-o’-nine tails, and to be driven from the
town at the beat of the drum. (First of July, Isaac Lawrence
similarly condemned.)
August 6, Joseph Lavalleé and François Herpin, inhabitants of
Montreal, prosecuted for theft,--acquitted.
Joseph Burgen, one of those who came following the army, is
accused and convicted for theft, and condemned to be hanged
by the neck until death shall ensue. The General approved the
sentence, but pardoned him on the condition that he left this
government without delay.
August 13, George Skipper and Bellair, bakers, accused and
arraigned by Captain Disnay for having sold bread, which had not
the requisite weight,--acquitted.
Public-domain text, read in full here on John Shaqi.
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