An examination has been made by Judge Mondelet of Three Rivers, of the registers kept of the decisions of the military court of Montreal. These latter have been generally found equitable and founded on positive law; they are legally attested to in most cases, the secretary of the council being a Frenchman skilled in the law, such as was Pierre Panet, the notary, and the minutes are all in French. The first four registers contain the transactions of the “Chambre de Milices” presided over by the captains of the militia, and dealt only with civil cases. The fifth and sixth of these registers contain the criminal decisions of the court martials of the Chambre Militaire of Montreal and that of St. Sulpice, as well as appeals from the “Chambre de Milices.” This court was composed only of officers of the regular army to the number of five. In addition there was the further right of appeal to the governor. The seventh register “appeals to the governor,” records the decisions of General Gage (page 299), and of General Burton (page 95).
By consulting the records we find that order during this period was observed independently of the racial distinctions in the city. We hear of, for instance, early in 1761 of the execution of a grenadier of the Forty-fourth Regiment for robbery, which is balanced by that of a French soldier, formerly of the La Salle Regiment, for the murder of a habitant at Ile Jésus, the execution being carried out in the market place.
It will be interesting here to notice some of the court martials held at Montreal in the years 1761 and 1762. It will be seen that French and English, the “new” and the “old” subjects, came equally under them, being treated with equal justice. The following cases from the “Livre d’orde” reveal this.
Montreal, June 3, 1761, at the court martial general, Lieutenant-Colonel Grant presiding, Jean Marchand of Boucherville, was prosecuted for the murder of Joseph Carpentier, a Canadian,—acquitted.
Tuesday, June 30, William Bewen accused of having intoxicated soldiers and of selling rum without license, is found guilty, having been accessory to his associate, Isaac Lawrence, who has the habit of selling rum to the soldiers,—condemned to receive 200 stripes of the cat-o’-nine tails, and to be driven from the town at the beat of the drum. (First of July, Isaac Lawrence similarly condemned.)
August 6, Joseph Lavalleé and François Herpin, inhabitants of Montreal, prosecuted for theft,—acquitted.
Joseph Burgen, one of those who came following the army, is accused and convicted for theft, and condemned to be hanged by the neck until death shall ensue. The General approved the sentence, but pardoned him on the condition that he left this government without delay.
August 13, George Skipper and Bellair, bakers, accused and arraigned by Captain Disnay for having sold bread, which had not the requisite weight,—acquitted.
September 19, John Charlette and one named Lameure, Canadians, are indicted for having solicited Joseph Myard, a drummer, to desert. Charlette is acquitted and Lameure is found guilty and condemned to receive 300 blows from the whip. He is pardoned by the General.
December 13, William Morris, accused of having kept a dissolute house, is condemned to a fine of £5.