Divers documents addressed to the Honorable Louis Joseph Papineau, speaker of the House of Assembly, by the Honorable Denis B. Viger
ADDRESSED TO THE HONORABLE
LOUIS JOSEPH PAPINEAU,
SPEAKER OF THE HOUSE OF ASSEMBLY, BY THE HONORABLE
to His Majesty and to the two Houses of the Imperial Parliament.
LAID BEFORE THE HOUSE, AND ORDERED TO BE PRINTED
WEDNESDAY, 9th JANUARY, 1834.
LIST OF DOCUMENTS addressed to the Honorable L. J. Papineau, Speaker of the House of Assembly, by the Honorable D. B. Viger.
No. 1. Correspondence of Mr. Viger with the Colonial Minister, from the 11th July, 1832, to the 11th September, 1833.
No. 2. Observations addressed to Lord Goderich, by Mr. Viger, relative to the Election of the West Ward of the Town of Montreal, and to the events of the 2lst May, at that Election.
No. 3. Election at Montreal in 1832 — catastrophe of the 2lst May.
No. 4. Considerations, &c., 3rd Series, on the Summoning of Grand Jurors in the District of Montreal, after the catastrophe of the 21st May, 1832.
No. 5. Considerations relative to the actual state of the Government, and of the Administration of Lower Canada.
No. 6. Considerations on the new Commissions for the Peace.
No. 7. Lord Goderich's Despatch to Lord Aylmer relative to Mr. Christie, and Mr. Viger's Answer on the subject of the said Despatch.
No. 8. Letter from the Honorable D. B. Viger to the Honorable L. J. Papineau, bearing date the 6th April, l833.
No. 1. Letter to Lord Goderich
My LORD,
Having received some information yesterday on the unfortunate events which occurred in Montreal on the 21st May, I called at the Colonial Office to communicate it to you if you had a moment's leisure, as I had promised to do, when I last had the honor to see you.
This morning I received fresh information, and it is of a nature to make it imperative on me to beg your Lordship will allow a moment's audience as soon as your Lordship will be able to do so.
I beg your Lordship will accept, &c.
London, 11th July, 1832.
To His Lordship,
LORD VISCOUNT GODERICH,
&c. &c. &c.
COLONIAL OFFICE,
July 12th, 1832.
SIR,
Lord Goderich has desired me to acknowledge your Letter of yesterday, and I have the honor to inform you that his Lordship will be happy to see you to-morrow (Friday) at two o'clock at the office.
I have the honor to be, &c.
CHARLES DOUGLASS.
Mr. VIGER.
London, &c.
12th July, 1832.
SIR,
I have received your Note, by which you inform me that His Lordship will receive me at the Colonial Office at two o'clock. Will you request His Lordship to accept the assurances of my respect — I will not fail to be there at the hour appointed.
I have the honor to be, &c.
D. B. VIGER.
CHARLES DOUGLASS, Esquire.
Downing Street,
26th July, 1832.
SIR,
I am directed by Viscount Goderich to acknowledge the receipt of your Letter of the 17th instant, and to acquaint you that His Lordship does not think it necessary at present to make those remarks upon it which it might suggest; but he would be glad if you can inform him with what view the Jurymen signed the declaration alluded to by you, and in what light these documents are to be regarded; whether as having any official and formal character, or as the unauthorised expression of the opinion of the individuals, for in this country His Lordship never heard of any analogous proceeding on the part of a Jury which had separated without giving any verdict.
With respect to the concluding part of your Letter, Lord Goderich sees no reason for considering the amount of bail required from Lieut. Colonel Mackintosh and Capt. Temple as too small, there being no reason whatever to suppose they will fail to appear when summoned before a competent tribunal.
I am, Sir, &c.
HOWICK.
D. B. VIGER, Esquire.
MY LORD,
Yesterday I received your letter of the 26th, acknowledging the receipt of mine of the 17lh of this month, addressed to His Lordship Viscount Goderich, and communicating his observations on the subject.
In answer to that one of his observations which has reference to the depositions of the Jurors summoned by the Coroner, I must state that it was the form of these proceedings that I had in view, much less a desire to submit them to His Lordship's consideration as a Lawyer. It was a sample that 1 was desirous of laying before His Lordship.
If I had chosen to go further, I might have added that the Coroner had only summoned twelve Jurors, that he might have summoned a greater number, in order to obtain the verdict of twelve out of that number; that even before he commenced the inquest before the Jury, he had been notified that one of the Jurors in particular had already finally pronounced his opinion. That before receiving or ***er having received those depositions, he might have summoned another Jury, and proceeded regularly upon a new inquest; that observations had been made to him in this sense in relation to these matters; finally, that it appeared he had taken such advices as to induce him to take the course which he had adopted.
I might have added a great many more details with which it is unnecessary to lengthen this letter. These observations must be sufficient upon that point.
But three individuals were killed, the perpetrators of the deed were known, depositions without number establish those facts, in a manner to require that legal proceedings should be taken against them. The course to be pursued in such a case, is not, I apprehend, very doubtful.
As to the amount of bail, the observations which I received, and which I transcribed without commenting on my part, were not at all connected with any idea of danger that the parties accused would fail to appear before a competent tribunal; such an idea did not even occur to my mind.
Looking at the thing in this point of view, and independently of every legal consideration, the parties accused could remain at liberty in this respect also, the amount of bail was of no consequence in my eyes; whether it was a shilling or a thousand pounds, no one could dream of such a danger.
Nothing more can be required to enable His Lordship to see, how different my views were to those ascribed to me in the observations which you have communicated to me on his behalf.
His Lordship must have seen, moreover, that the conduct of the Public Officers presented nothing very formidable to the parties accused.
I hope also that it will not be long before His Lordship will have sufficiently correct data upon these important matters.
I have the honor to be,
With respect,
D. B. VIGER,
London, &c.
28th July, 1832.
THE LORD HOWICK,
&c. &c. &c.