North American. [volume] (Swanton, Vt.) 1839-1841, 1839-09-11
Esghsk Parliament. !
Hoass Of Psert. Jane IS, !


mcnl for eighteen months, and who were
IN imminent danger If being transported
tos penal colony. Some collateral mat
tets respecting their case had come before
the Courts Of q ocsn's Bench and the TX.
sheQuri hence II became more important
that hc should call the attention al the
house IN their situation. Tie had never
seeu . more clear, lucid and impressive
s,nirment Of facts than was presented 10
their PETITION. He had a correspondence
with Mr.. Parker, one Of the petitioners,
and had made il his business IN make some
Inquiries respecting hin. In the result he
foand that Mr.. Parker had been in most
respectable station Of life, and was univer-
ssIly admitted To b. an honest and upright
man. As To the Others, he had been assu-
red they were generally respecis HE. They
were committed n prison in Upper Can
ada towards the end Of 1887, on a
charge Of high treason. Mr.. Parker's Of
fence was that of having written a letter
containing reasonable expressions. Some
oC the prisoners had surrendered from the
terms OF the proclamation, which offered
q free pardon To oil who should surrender,
except to the six persons named in that
proclamation The Governor was not
then in a situation TO grant pardon Tor
treason, whereUpon an act was passed IN
Upper Canada, enabling the Elective 10
grant pardon 10 those who should confess
their offence, and petition for the same,
with such conditions as the Governor
should think fiji 10 annex 10 such pardon.
The petitioners then stated this important
fact--under duress OF imprisonment, suffer
ing great distress from the rigour Of their
confinement and the great severity Of a
northern winter, they were informed that
ali act had been passed-an act Of which
they knew nothing, except from informa-
ion afforded them in their confinement
an act which they were led 10 suppose
was an act TO enable the Governor to par
don treason but they positively averred
and Of that sverment they challenged
the contrary proof, il contrary proof could
be prodnced--i they were not informed |
of the conditions which the said act ena-
bed the Governor TO connect with The act
Of pardon. They proceeded TO state that
having been informed if they would con-
Tess the crime whereof they were charged
they would receive an unconditional par
don, and be set at liberty, they were indu-
ced 10 petition the Governor for such par.
don, but were totally uuiniormed of the
penal consequences OF such step. IL was
10 be observed here that the suppression
NJ important information on this point of
fact was equal TO the suppression OF nior-
nation in point Of law. Listening TO the
zarbed Notwithstanding an ear to the ,
Martial statements which were made 10
hem in their close confnement-both /.
'qually false--the'prisoners did petition the ,
Governor, and did confess the offences for
which they had been committed to gaol t.
but instead OF receiving as they had been !:
ed to suppose, a free pardon, they had .
been subjected 10 conditions Of the most !
'evere and arbitrary description-condi- !,
ions against which they now protested
conditions TO which they maintained no
British. subject could properly be made {
lmenable. And when was il that they /,
we're first informed Of the conditions which
we're 10 be annexed to the pardon offered :
d them' Was i, in Upper Canadaa '
Was il in Quebec, Was il on the pas
age to Engand' Was it on the landing {
Il Liyerpools Was it in London? Was
/ in Newgate, No The first time that
hey heard any thing of these conditions :
vas when they were upon the floor OF the
Court oil Queens Bench, (hear hearD "
The consequence OF those conditions was, 81
hat they were now threatened with trans p
ortation to one Of the penal colonies OF b
his country. This was the leading feature
nd outline OF their case. The petitioners
goceeded TO state that they had never
cen arraigned-never tried-never cow ic- I,
ai-never sentenced, and indeed it was h
Omitted by the Attorney General in the .,
,ouri OF Queens Bench that they could y
OF be regarded as convicts. That admis- ri
ION on The part OF the Attorney General Y
IN through the whole argument which f.
nd taken place upon the subject, both in y
ne Coarts of Queen's Bench and the Ex-
hequer. The noble and learned lord then m
roceeded 10 read the petition at length m
set forth the whole case of the petition h,
r., from their first commitment TO prison r
! Upper Canada tn the final adjudication ;,
their cases in the Courts OF Westmin- =,
le, Hall. IL asserted that this was the -
Ht case in modem times ia which the n.
overnmen, ol this country had taken ad- 81
snisge of voluntary coniession-a con- :;
-ssion void in law, in consequence of hav- "
" been obtained under false Representa-
ons, and under the duress of confinement -
TO entail ulierior punishment upon pri- =.
,ners: aud il finally prayed that their lord. ~
,..auII taka inta rpaa,A...,..- al i '"