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
The Executive acted with great circumspection. Fortified as they were by
these strongly-worded opinions, and assured as they felt of the legality
of their contemplated proceedings, they did not permit themselves to be
betrayed into indiscretion. On the 25th of the month they addressed a
letter to Judge Willis, referring to his communication to the
Lieutenant-Governor on the 17th, in which he had professed willingness
to discharge such duties as he could legally perform. He was asked what
explanation he had to offer, and what duties he was prepared to
undertake. On the 26th he replied that he did not feel at liberty to
pronounce an extra-judicial opinion, and that he could only define the
precise nature of his duties when the matter should come judicially
before him. The Executive thereupon pronounced his doom, and a writ was
issued whereby he was removed from office until His Majesty's pleasure
should be known. The Lieutenant-Governor, through his Secretary,
notified him that the Council had felt it incumbent upon them to advise
this step.[110] The "amoval" was now an accomplished fact. A vacancy was
thus created on the bench, which was filled on the 2nd of July by the
appointment of Christopher Alexander Hagerman to a puisne judgeship.
The news of Judge Willis's "amoval" spread rapidly through the Province,
and produced widespread excitement. The circumstance that his course had
met with the approval of Rolph and the Baldwins led to the belief among
non-professional people that he was sound on the legal question, and
that he had been driven from the bench because he would not stoop to
corruption. The case of Judge Thorpe was exhumed from the dust of twenty
years, and the amoval of Judge Willis was believed to be a mere
re-enactment of that forgotten iniquity. As for Judge Willis himself, he
determined to proceed at once to England to present his side or his
case, in the form of an appeal from the order of amotion, at the
Colonial Office. Before his departure he received addresses of
condolence from various parts of the Province. Numerously-signed
petitions in his favour were transmitted to the king, and to the several
other branches of the Imperial and Provincial Legislatures. A long
requisition from a number of influential persons in the County of
Lincoln entreated him to represent their constituency in the Assembly.
People who were usually sensible appear to have lost their heads for a
time during this exciting period. A large meeting of the Judge's
sympathizers was held in Toronto, at which Dr. Baldwin and Mr. John
Galt,[111] with their wives, were appointed a Committee to watch over
the interests and insure the protection of Lady Mary and her family
during the absence of her lord; and Robert Baldwin was added to the
Committee as her Ladyship's solicitor.
Public-domain text, read in full here on John Shaqi.
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