Canadian State Trials: Rebellion and invasion in the Canadas, 1837-1839This second volume of the Canadian State Trials series focuses on the largest state security crisis in 19th century Canada: the rebellions of 1837-1838 and associated patriot invasions in Upper and Lower Canada (Ontario and Québec). Historians have long debated the causes and implications of the rebellions, but until now have done remarkably little work on the legal aspects of the insurrections and their aftermath. Given that over 350 men were tried for treason or equivalent offences in connection with the rebellions, this volume is long overdue. The essays collected here, written by prominent Canadian historians, legal scholars, and archivists, break new ground in the existing historiography of the rebellions by presenting the first comprehensive examination of the legal dimensions of the crises. In addition to examining trials and court martial proceedings, the essays examine their political, social, and comparative contexts, including the passage of emergency legislation and executive supervision of legal responses, the treatment of women, and the plight of political convicts transported to the Australian penal colonies. Canadian State Trials, Volume Two contributes significantly to the ongoing reassessment of the rebellion period. |
Contents
in the Canadas 18379 | 9 |
Emergency Legislation and the Colonial Execu | 41 |
The Toronto Treason Trials MarchMay 1838 | 62 |
The Kingston and London Courts Martial | 130 |
Gallant Colonel or The Windsor Butcher? | 160 |
Patriot Exiles in Van Diemens Land | 188 |
Martial Law and State Repression | 207 |
The Special Council of Lower Canada | 248 |
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accused American April Archives Arthur to Glenelg authority Barry Wright Battle of Windsor British law officers British subjects Canadian Canadian State Trials Charles Chief Justice Colborne constitutional convicted court martial crime crown death December defence District documents Draper Durham essay evidence Executive Council finding aid fonds George guilty habeas corpus high treason Ibid imperial indictment insurrection invaders invasion Ireland Irish John Jonas Jones Judge Advocate judicial jury Kingston Lawless Aggressions Act legislation legislature letters Lieutenant Governor London Lord Lord Durham Louis-Joseph Papineau Lount Lower Canada Mackenzie March martial law ment military militia Montreal Murray Greenwood Niagara November offences opinion ordinance Papers Papineau pardon Parliament patriotes persons petitions political Prince prisoners proceedings prosecution province punishment Quebec rebellion Rebellion of 1837 rebels Robinson sentence Short Hills Special Council statute tion Toronto Press transportation tried Upper Canada volume William witnesses Wolfred Nelson women