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
Having arrived at such a decision as to the constitution of the Court,
and having apprised the Colonial Secretary thereof, he took the earliest
feasible opportunity of making it known to the Provincial bar. At ten
o'clock in the forenoon of the opening day of Trinity Term--which was
Monday, the 16th of June--he repaired to the Court House at York. While
robing himself in the Judge's chamber he was joined by his colleague,
Justice Sherwood, and a few moments afterward they both proceeded to the
Court room, attended by the Sheriff in the usual manner. The Court
having been formally opened, Judge Willis arose and addressed the
audience, standing all the while, after the manner of a counsel at the
bar. In the course of his remarks, which occupied nearly an hour in
delivery, he expressed himself in very positive terms as to the
constitution of the Court. He declared it to be his decided opinion that
the Court could not be legally held without the presence of the Chief
Justice and two puisne Judges; that everything which had theretofore
been done in the Court by two Judges only was null and void; that the
Lieutenant-Governor had no authority to grant leave of absence to a
Judge without the express approbation of the Executive Council; that he
(Judge Willis) had made enquiry at the office of the Executive Council,
and had found that leave had always been granted by the
Lieutenant-Governor alone, in pursuance of which leave Chief Justice
Campbell was now absent from the Province. The manner in which the leave
of absence to the Chief Justice, as well as to many other persons
holding situations under the Provincial Government, had been granted by
the Lieutenant-Governor, was pronounced to be, in Judge Willis's
opinion, not only irregular but illegal, whereby the incumbents had
forfeited their several offices. During the preceding Term an order of
the Court had been passed by Judge Sherwood and himself. That order he
now rescinded, so far as his authority was concerned, and he expressed
his regret that he had entered upon the discharge of his judicial
functions without having previously acquainted himself with the state of
the law. He added that he had felt it to be his imperative duty to
declare his opinion as to the incapacity of the Court to legally proceed
with the business before it; and that, holding that opinion, he had
resolved to decline to sit any longer upon the bench, though he would
remain at hand to attend to any functions which he could legally
discharge.
Public-domain text, read in full here on John Shaqi.
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