Repeatedly had the Grand Juries of Quebec and Montreal called attention to this want of jurisdiction. In one report the number of people from the Canadas, chiefly from Lower Canada, was urged as one reason for establishing in the Indian country a court of competent jurisdiction for the trial of offences committed in these territories, including Hudson's Bay.
Plea for establishment of jurisdiction.
"The very heavy expense," observes the report, "incident to the conveyance of offenders from the Territory of Hudson's Bay to England, with the necessary witnesses on both sides, and the cost of prosecution and defence, must generally operate, either to prevent recourse to a tribunal across the ocean, and thereby stimulate to private retaliation and revenge, or where such course can or shall be had, the guilty may escape punishment, and the innocent be sacrificed from the distance of time and place of trial, the death or absence of witnesses, or other causes; and the mind cannot contemplate without horror the possible abuses to which such circumstances might give rise; as in the instance of a prosecutor coming from and at a remote day, when the accused may be destitute of pecuniary means, and the exculpatory evidence may either be dead, removed, or be otherwise beyond his reach, who at all events (however innocent he may finally be found) will have undergone a long and painful confinement, far removed from his family and connections, and perhaps ruinous to every prospect he had in life."
Sir Robert Milnes strongly supported the representation of the Grand Jury, and added that "Under such circumstances every species of offence is to be apprehended, from Trespasses to Murder," and also that "the national character of the English will be debased among the Indians, and the numerous tribes of those people will in consequence thereof be more easily wrought upon by foreign emissaries employed by the Enemies of Great Britain."[88]
In consequence of these representations Lord Hobart promised that immediate steps should be taken to remedy the existing state of affairs. But Milnes became impatient for a decision, and writing in September, 1803, to the Under-Secretary, he reminded him of the promise, the great increase and extent of the fur-trade rendering such an Act daily more necessary. The Act to give jurisdiction to the Courts of Upper and Lower Canada had, however, been assented to on the 11th of the preceding month.
Voyageurs Tracking Canoes up a Rapid.
Canada Jurisdiction Act.
The first case brought to trial under the Act became celebrated. In the autumn of 1809 William Corrigal was the trader at a Company's post near Eagle Lake. On the 15th of September a party of North-Westers established an encampment about forty yards from the Company's post, under one of their clerks, Aeneas MacDonnell. In the evening an Indian arrived in his canoe to trade with Corrigal and to pay a debt which he owed him. As he was not able to defray the whole amount, Corrigal accepted the canoe in part payment. The Indian requested that it might be lent to him for a few days, which was agreed to; and the Indian spent the night at the post with his canoe. In the morning he received in advance some more merchandise, such as clothing for his family and ammunition for his winter hunt. When he finally departed, three of the Company's servants were sent down to the wharf with the canoe and the goods. On their way they were observed by a number of Northmen, including MacDonnell, who went immediately down to the lake, armed with a sword and accompanied by a voyageur named Adhemer, armed with a brace of pistols. Upon pretence that the unhappy Red man was indebted to the North-West company, they proceeded to seize and drag away the canoe and the merchandise to their own wharf. Corrigal observing this, commanded two of his men, James Tate and John Corrigal, to go into the water and prevent the seizure, and as they approached on this mission MacDonnell drew his sword and struck two blows at Tate's head. The latter was unarmed, and warded the blows with his wrist, which was severely gashed. He then received another deep wound in the neck, which felled him to the ground. In the meantime Adhemer had seized John Corrigal (who was also unarmed) and presenting a cocked pistol at his head, swore that if he went near the canoe he would blow out his brains.