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
In the very first judgment ever rendered by him, he gave utterance to
sentiments which, to put the matter mildly, were very much out of place.
The case was one brought by George Rolph, of Dundas, against T. G.
Simons and others, for a gross outrage which had been perpetrated on the
plaintiff, who was a brother of the Attorney-General's great political
rival. The outrage had arisen out of private complications, and no
political question arose in the course of the trial. In concluding his
judgment Mr. Willis took occasion to remark that he had formed his
opinion of the case on its intrinsic merits, unbiased by any political
considerations. He added that he was totally devoid of party feelings,
and that it would ever be his most earnest desire to render to every one
impartial justice. It goes without saying that these are very proper
sentiments on the part of an occupant of the judicial bench. Such
principles were especially required in Upper Canada, where there had
long been much judicial partiality and frequent miscarriages of justice
by reason of political differences. But a judge should at least assume
that his integrity is taken for granted, and should deem it beneath his
dignity to attempt any vindication of his rectitude while an occupant of
the bench. Moreover, there were no circumstances to call forth such
expressions as were used by Judge Willis. No hint of any partiality had
ever been heard against him. There had been no opportunity for any
display of partiality by him, for he then took his seat on the bench for
the first time. Saith the proverb: "He who makes unnecessary excuses
accuses himself." In this case the Judge certainly indulged in wholly
unnecessary self-vindication. And there were reasons why any such
vindication by him was especially indelicate. The Radical newspapers had
heralded his arrival as the dawn of a new era, when judicial corruption
would cease in the land. It is pretty evident that he had been flattered
by the eulogy, and that he now went out of his way to administer a
covert reproof to his colleagues on the bench. His remarks were
undoubtedly taken in that sense, and tacitly resented by them. It may
have been that they were all the more ready to take the remarks as
applying to themselves from their consciousness of past shortcomings;
but it was not from a brother on the bench--one, too, who had been only
a few weeks in the country--that they should have been subjected to
reproof.
Public-domain text, read in full here on John Shaqi.
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