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
This extraordinary address, it may be presumed, was not altogether a
surprise to Justice Sherwood, as Justice Willis had previously notified
the Lieutenant-Governor of his intention to give currency to his views
at the commencement of Term, and Sir Peregrine would be certain to
discuss the matter with the Attorney-General, through which medium the
facts would be tolerably sure to find their way to Justice Sherwood. The
latter seemed to take the matter very coolly. He informed the bar that
he would not take upon himself to pronounce an opinion on the subject of
the constitution of the Court, as there was nothing before him which
rendered it necessary for him to do so. He added that he would adhere to
the practice which had uniformly prevailed, and that he would not
hesitate to proceed with the ordinary business of the Court, adjourning
it from day to day as occasion required. Judge Willis, still standing,
then said: "You cannot adjourn a Court that does not exist. The Court is
not legally constituted. Its functions cannot be exercised, and any
proceedings you may take will be void." "I am aware," replied Mr.
Sherwood, "that such is your opinion; but I have a right to mine and I
shall pursue the course I have indicated. If that course,
notwithstanding the practice which has hitherto prevailed, should prove
to be wrong, I shall extremely regret it; but I feel it to be a matter
of too much importance to the business of the country to take upon
myself to vary from it, without the interference of a higher authority."
Judge Willis then briefly repeated his protest, and retired from the
bench. His colleague, after transacting some unimportant routine
business, adjourned the Court until the following day. Throughout the
rest of the Term he was the sole occupant of the Bench.
Public-domain text, read in full here on John Shaqi.
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