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
Judge Willis's conduct on this occasion does not admit of much diversity
of opinion. For one thing, as was subsequently decided by the Privy
Council, he was wrong in his view of the law. This is of itself an
important consideration. But even if his view had been a sound one,
admitting of no doubt, he incurred a very serious responsibility in
giving currency to it at such a time, and in such a manner. His conduct
was certain to produce great excitement and disturbance in the public
mind. It was certain to create an increased distrust of long-settled
institutions, which it was highly essential for the well-being of
society that the public should regard with confidence and respect.
Besides, the rendering of the past and present proceedings of the Court
liable to doubt and uncertainty could not fail to seriously affect the
business interests of the country. If the practice of the Court had been
wrong, and if many of its proceedings were invalid, the wisest course
would have been to quietly take steps to bring about remedial
legislation, whereby all defects might have been cured, without the
serious risk of reviving old animosities and long-settled disputes. But
such a course as Judge Willis saw fit to adopt was wholly uncalled for,
no plea to the jurisdiction having been pleaded in any case before the
Court. It was certain to produce ill, without any possibility of good.
He moreover placed in the hands of the Executive a rod for his own
back--an implement of which they speedily availed themselves to inflict
grievous punishment.
Public-domain text, read in full here on John Shaqi.
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