The Story of the Upper Canadian Rebellion, Volume 1Dent, John Charles
History
The Story of the Upper Canadian Rebellion, Volume 1
Dent, John Charles
Canada -- History -- Rebellion, 1837-1838; Ontario -- Politics and government
[93] There was a very general belief throughout the Niagara District at
the time that Major Leonard, who was an obedient servant to the
Executive, had manipulated the lists from which the jurors in those
cases were selected. The truth or falsity of the belief cannot now be
pronounced upon, the circumstances upon which it was founded being
buried in oblivion.
[94] "He [Sir Peregrine Maitland] must have inferred that the Committee
proposed to examine these officers respecting the employment of a
military force for the ejecting of Forsyth from the land."--See Despatch
from the Colonial Secretary, Sir George Murray, to Major-General Sir
John Colborne, dated 20th October, 1828, appended to the Report on
Forsyth's petition.
[95] See the despatch, appended to the Report on the Forsyth Case, at
end of Grievance Committee's Report. The Colonial Secretary's despatch
quoted in the text will be found appended to the same Report.
CHAPTER VIII.
THE "AMOVAL" OF MR. JUSTICE WILLIS.
The Forsyth embroilment extended over a long period, and from time to
time during several years it continued, at longer or shorter intervals,
to thrust itself upon public attention. Meanwhile it was not the only
instance of abuse of power on the part of the Executive to which the
people of Upper Canada were constrained to submit. Several other notable
contemporaneous examples shared with it in the unenviable work of
widening the breach between the Government and the people, and in
destroying popular confidence in the impartial administration of
justice. It is a rather singular fact that of all the many high-handed
measures resorted to during the existence of the Ninth Parliament, the
one which aroused the greatest indignation was perhaps the least
blameworthy of them all. It has been the fashion with writers who have
dealt with this period of our history to represent the amoval of Justice
Willis as being upon the whole the most glaring iniquity of the time.
This view is not borne out by the facts. In the Willis affair Sir
Peregrine Maitland had recourse to the espionage system, and certainly
went to the utmost verge of his authority, but he cannot be said to have
run violently in the teeth of precedent and good sense, as was done, for
instance, in the Forsyth case. Nor can it be said that he acted with
despotic rashness or precipitation. His decade of misrule in Upper
Canada was characterized by many cruel, tyrannical and shameful deeds:
deeds which stare out from the pages of the past with lurid
distinctness. He has enough to answer for at the bar of history; and it
is quite unnecessary to load the formidable indictment against him with
surplusage or dubious matter. A careful and dispassionate examination of
all the circumstances in the Willis case must convince the inquirer that
the faults were not all on one side, and that the Judge himself is
bound to at least share with Sir Peregrine the responsibility for the
bitterness arising out of the "amoval."
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