Sir George Arthur and His Administration of Upper Canada — John Shaqi
Sir George Arthur and His Administration of Upper CanadaSage, W. N. (Walter Noble)
History
Sir George Arthur and His Administration of Upper Canada
Sage, W. N. (Walter Noble)
Arthur, George, Sir, 1784-1854; Ontario -- Politics and government
The death of Lount and Matthews seems to have satisfied the desire
for revenge on the part of the extremists and a milder course of
policy was then pursued by the Lieutenant-Governor and Executive
Council. Several other leaders including "Generals" Sutherland and
Theller, both of whom were American citizens, were sentenced to
transportation. Theller had been sentenced to death and, according
to his own account, was only saved from the gallows by the energetic
agitation in his favour of the Irish section of the population. He
has left a voluminous account of his captivity, including his
sensational escape from the Citadel of Quebec, in his book, _Canada
in 1837-8_, to which the reader is referred if he wishes to obtain a
very highly-coloured bit of autobiography.[20]
Theller's case brought up a very interesting question of
International Law. He had been born in Ireland and had become
naturalized as an American citizen. When put on trial for his life
on a charge of high treason Theller pleaded that his American
naturalization had rendered him no longer a British subject. Against
him a precedent of 1747 was quoted to support the doctrine of
"perpetual allegiance," i.e. "once a British subject, always a
British subject." The jury brought in the curious verdict that "if
the prisoner was a British subject he was guilty of treason." Chief
Justice Robinson, acting in accordance with his belief in the
doctrine of 'perpetual allegiance' ruled that Theller was still a
British subject and thereupon sentenced him to death. Under the
circumstances to carry out the death sentence would have been very
inadvisable. Pressure was brought to bear upon the
Lieutenant-Governor and the Executive Council, and as a result a
respite was granted "until Her Majesty's pleasure should be
known."[21] Theller was soon after removed from Toronto to Quebec and
detained there in the Citadel, from which he escaped. Sutherland was
tried by court martial, imprisoned in Toronto and Quebec, and finally
returned to American soil.
These American prisoners were very embarrassing to the Upper Canadian
authorities. There was still considerable excitement along the
American frontier and the danger of invasion was by no means over.
Lount and Matthews were considered martyrs by many on the American
side of the border. Highly coloured accounts of the execution
appeared in the American press. Even the New York Sun took up the
matter and recounted how Mrs. Lount on the day previous to her
husband's execution "pleaded with Governor Arthur for hours for his
life, and when she pointed to _thirty thousand names_ who petitioned
with her for the exercise of the royal prerogative, he coldly replied
'that he had not believed that Mr. Lount had so many friends in the
province, and that there was the more necessity that he should be
made an example to the rest.'"[22] Under these circumstances the
execution of Theller would have added oil to the flame.
Public-domain text, read in full here on John Shaqi.
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