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
[103] The announcement ran as follows:--"Preparing for publication.--A
View of the Present System of Jurisprudence in Upper Canada; by an
English Barrister, now one of His Majesty's Judges in this
Province.--_Meliora sperans._"
[104] It was time for some one to undertake the duty of ameliorating the
criminal law of Upper Canada, which was that of England as it stood on
the 17th of September, 1792, except in so far as it had been altered by
subsequent legislation. At the Assizes for the Home District, held at
York in the autumn of 1827, within a few weeks after Judge Willis's
arrival in the Province, a boy was capitally convicted and sentenced to
death for killing a cow.
[105] _On the Government of the British Colonies._ London, 1850.
[106] The investigation, according to Judge Willis's own testimony, was
entered into partly in consequence of a suggestion which he received on
the subject. See the text of his written opinion, embodied in pp. 66-74
of the Imperial blue book issued in 1829, entitled "Papers relating to
the Removal of the Honourable John Walpole Willis from the Office of One
of His Majesty's Judges of the Court of King's Bench of Upper Canada."
It seems probable that the suggestion emanated from Dr. Baldwin.
[107] 34 Geo. III., c. 2. This statute was framed by the Hon. William
Osgoode, first Chief Justice of Upper Canada, a gentleman of great
learning, who had been sent out from England for the express purpose of
organizing the Courts of the Province.
[108] 2 Geo. IV., c. 1.
[109] See pp. 249-267 of the Imperial Government's blue book on the
subject, _ubi supra_.
[110] The notification was dated the 26th of June, whereas the formal
document issued by the Council was not signed until the 27th. Mr. Willis
attached a good deal of weight to this irregularity, which however was
of less importance than might at first sight be supposed. The Council
had fully made up their minds on the 26th, and the notification was
despatched accordingly, though the order of amotion was not actually
ready for signature until the day following.
[111] The well-known author, who was then in Canada as representative of
the Canada Land Company.
[112] "Cabot," in _Blackwood's Magazine_ for September, 1829.
[113] See despatch marked "Separate," from Major-General Sir Peregrine
Maitland to Mr. Secretary Huskisson, dated 6th July, 1828.
Public-domain text, read in full here on John Shaqi.
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