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
When Mr. Gourlay was first placed in durance at Niagara he was possessed
of robust health, a vigorous frame, a seemingly unconquerable will, and
a perfervid enthusiasm for the cause of truth and justice. But his
sufferings during the ensuing six months were of a nature well
calculated to sap the health of the most robust, to rack the frame of an
athlete, to tame the wildest enthusiasm, and to subjugate the strongest
will. When we read of what the gentle and erudite John Fisher or the
eloquent and upright Sir John Eliot underwent in the Tower for
conscience sake, the heart's blood within us is stirred with righteous
indignation. But we are calmed by the reflection that these things took
place centuries ago, and in a far-distant country. In the case of Robert
Gourlay we can lay no such flattering unction to our souls. His slow
crucifixion was accomplished in our own land, and at a time well
remembered by many persons now living among us. Some idea of what he
passed through may be derived from his own words already quoted. Further
light on the subject may be obtained from noting his demeanour when
placed on trial, as the reader will presently have an opportunity of
doing.
For some months after his incarceration his fine state of health and
exuberant animal spirits kept him from utterly breaking down. His whole
nature was up in arms at the wrongs he had sustained, and his pugnacity
asserted itself as far as his circumstances would admit of. He obtained
the opinions of eminent English lawyers as to the legal aspect of his
case. The unanimous opinion of counsel was that his imprisonment was
wholly unjustifiable. Sir Arthur Piggott was clear that Chief Justice
Powell should have discharged the prisoner when brought before him under
the writ of _habeas corpus_, and that Dickson and Claus were liable to
actions for false imprisonment. This opinion was acted upon, and
proceedings were instituted against the two last-named personages. But
the contest was too unequal. Each of the defendants obtained an order
for security for costs, which security the plaintiff, being in
confinement, and subject to various disabilities, was unable to furnish.
The actions accordingly lapsed, and Dickson and Claus thus escaped all
civil liability for their most reprehensible deeds.
Public-domain text, read in full here on John Shaqi.
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