A Deep Sense of Wrong: The Treason, Trials and by Beverley Boissery

By Beverley Boissery

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Extra info for A Deep Sense of Wrong: The Treason, Trials and Transportation to New South Wales of Lower Canadian Rebels After the 1838 Rebellion

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Apparently he even told men if they wanted leather for their children's shoes, they could have it: 'His lodge must have been huge. ' Lepailleur laughed. ' Then weariness settled over his face and sorrow haunted his eyes. Warwick put away his notes, preparing to leave. But the older man added quietly, 'As a captain, I never hid the truth from my men. ' 28 Background to Rebellion WITH THE REEK OF SMOKE from the burning villages still on their clothes and the cold that had hampered their escape to the United States fresh in their memories, the exiled patriote leadership met in Middlebury, Vermont, 2 January 1838.

7 Martial law was an ad hoc arrangement, a crisis-management tool of governing, and as Lord Hale remarked in his History of the Common Law, it was 'no Law, but something indulged rather than allowed as a Law'8 and the crown's law officers were obliged to justify the use of such a governing device over ordinary law. Moreover, unless such use were sanctioned by Parliament, or by colonial statute, the crown could not legally justify its actions if a previously rebellious area had been pacified. Glenelg received advice to this effect in January 1838,9 so that even if Colborne had limited the sentences to transportation, banishment, or jail, any court martial would have been illegal.

By then, it seemed half of our parish had already become members and to tell the truth, I was a little scared at the thought of the initiation ceremony. When the day came, as part of the ritual I and some others had to ride to the meeting place in the back of a hay cart. As we wound our way along the dusty roads, I remember hearing Mr Roy, the driver, call out to Mr Dufresne as we passed his farm. Months before Mr Dufresne's mangy old bull had managed to escape and had found his way into a neighbour's field/ He chuckled a little.

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