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IN THE CASE 
 
 OK 
 
 LOUIS RIEL, 
 
 CONVICTED OF TREASON 
 
 ANI> 
 
 EXECUTED THEREFOR, 
 
 MEMORANDUM OF SIR ALEXANDER CAMPBELL. 
 
 1^ ^ 
 
 'IfF '>-^ 
 
 ^^E^^^^^X: 
 
 OTTAWA: 
 PK1>^TBD BY MACLEAN, ROGRK c^ CO, WELLINGTON STRBKT 
 
 18H5. 
 
ju»7. 
 
Ottawa, 26th Noyember, 1886. 
 
 KsMORMiDuu* respecting the ease of The Queen y, Riel, prepared at the request of the 
 
 Committee of the Privy Council. 
 
 The oaHO of LouIh Hiol, convicted and ezecnted for high treaHon, has exoiiod 
 unuHual uttotilioD and intorot^t, not meioly in tho Dominion of Canada but boyond \\» 
 limitH. Here it hau boon made tho Mibjuct of puny, religioos, and national feeling 
 and discuHHlon ; and olrtewhere it Iiuh bouri regarded by Homo 08 a catte in which, for 
 the first time in this generation, what iu asHumed to have been a political crime only 
 has boon piiniBhod with death. 
 
 Tho opponontH of the Government have asHoried that the rebellion was pro- 
 voked, if not justified, by their maladministration of the affairs of the North-West 
 Territories, and inattention to tho just cluims of the half-breeds. 
 
 With this question, which has been made one of party politics, it is not thoaght 
 becoming to deal here. 
 
 Upon such a charge, wlien mado in a constitutional manner, the Government 
 will bo responsiblo to tho roprosontatives of tho people, and before them they will 
 be prepared to moot and disprove it. 
 
 Ap})Ouis to tho animortitios of raco havo boon mudo in one of the Pi'cvinces with 
 momentary 8UCC0S8. Should tho.so prevail, tho future of tho country must suffer. 
 Parliamout will not moot for rioino time, and in the interval, unless some action is 
 taken to remove Ihoso aniraoHilios they will gain ground, and it will become more 
 difficult to dispel belief in tho grounds which aro used to provoke them. 
 
 It is thought right, thoreforo, tliul Iho true facts of the case, and the considerations 
 which have influenced tho Govoinmont, should bo known, so that those who desire to 
 judge of their conduct impartially, may have the information which is essential for 
 that pur|)ofie. 
 
 it has been asserted that tho trial was an unfair one, and before a tribunal not 
 legally coostitulod; that tho crimo being one of rebellion and inspired by political 
 motives, the sentence, according to modern custom and sentiment, should not have 
 been carried out ; and that tho prisoner's state of mind was such as to relieve him 
 from responsibility foi his act-<. 
 
 Aftor the most anxious (•onsideraLion of each one of these grounds the Govern- 
 ment have tolt it impossible to givo effect to any of them, and have deemed it their 
 duty to let the law take its course. 
 
 I am now desired, in a matter of such grave importance and responsibility, to 
 place on record the considerations which hnve impelled them to this conclusion : 
 
 1. As to the jurisdiction of tho court and the fairness of the trial. 
 
 U should be sutflcient to siiy that tho legality of the tribunal by which he was 
 tried has been affirmed by the Privy Council, tho highest court in the Empii'e, and 
 has Hoemod to them ho clear that iho eminent counsel who represented the prisoner 
 could not advance arguments against it, which were thought even to require an 
 answer. 
 
 It lias boon said that a jury ooraposod of six only, and the absence of a grand 
 jury, aro features so inconsistetit with the rights of British subjects that the prisoner 
 had still ground of complaint ; but, as wt.s pointed out in the Privy Council, 'chci 
 same crime may bo tried clsowlicro .n the British Empire, notably in India, without 
 any jury, either grand or petty, and this mode of trial has been sanctioned by the- 
 Imperial Parliament. 
 
 It is to bo observed also, that the offonco was tried in the country in which it. 
 was committed, under the law us it then existed and had existed for years, and that 
 this is a course of which no otlbndcr can fairly complain, while it is a right to whicL 
 every criminal is entitled. 
 
Of tho compotoncy of the court, which hiui boon afHrmoJ by tho full court in 
 Manitoba, tho Govcrnraont huw no roaHon to ontortuin doubt ; but having rogard to 
 tbo oxcuptional oharaulor of tho cauo, tho uitual courrto waa doparted from in the 
 priHODor H favour, and a ruHpito waH granted, to onabio him to apply to tho ultimate 
 tribunal in England, and thuu to tako advantage to tho very utmost of ovory right 
 which tbo law could utford to him. 
 
 The fairuoHH of tho Iriul ban not boon disputed by tho pririonor'H counsel, nor 
 challenge I either bofore tho Court of Appeal in Manitoba, or tho Privy Council. It 
 haH, on iho cinlrary. boon adtnittod, not tacitly alone by this omiwaion, but expreHsly 
 and publicly. It may bo well, however, to state hhorlly tho factrt, which show 
 how the duty which the Govornmont fully acknowledged both to the public and 
 the prinoner has boon fultillud. 
 
 It was nioHt desirable not only to onsuro tho impartial conduct of tho trial, which 
 would have boon done by tho apnoinlraont of any barrister of known standing, but to 
 Batisfy tho j)ublic that this had boon otfoclod ; and in view of this tho prosecution was 
 entrusted to two loading oouiisol in Ontario, known to bo in sympathy with different 
 political parlioH With thorn was nssociatod a French advocate of standing and 
 ability in Qndboc, and tho personal prcsonce and assistance of the Deputy Minister of 
 Justice was given to them throughout tho proceedings. 
 
 The procedure adopted and the course taken at tho trial, to be now shortly 
 stated, as it a|>poais on tho record, will .-.how that every opportunity for the fullest 
 defence was attonioU ; and it is needless to add, what is well known and recognised, 
 that tho prisoner was represented by counsel whose zeal and ability have made it 
 impo^sible to suggest that his defence could in any hands have been more carefully 
 or more ably conducted. 
 
 The charge was made against the prisoner on the 6th of July, ltiS6, and the 
 trial was thun tixed to tako place on the 20ih of that month, of which the prisoner 
 ■was duly notified. 
 
 On the same day a copy of tho charge, with ;i list of the jurors to be summoned 
 and of the witnesses to be called, was duly served upon him, the Crown waiving the 
 quofction whether this was a right which could bo claimed, and desiring, as far as 
 po-sible, to afford every privilege which, under any circumstances or before any tri- 
 bunal, he could obtain, and which, consistently with the procedure otherwise pro- 
 scribed in tho Territory, could be granted to him. 
 
 On the day named the prisoner, having boon arraigned, put in a ploa to tbo juris- 
 diction, to which the Crown at once demurred, and this question was then argued at 
 length. The grounds taken by the prisoner's counsel had been in effect decided un- 
 favorably to their contention bv the Court of Queen's Bench in Manitoba in a recent 
 case, and the presiding judge held that it was therefore impossible for him to give 
 effect to thorn. 
 
 This decision having been announced, the prisoner, by his counsel, then demurred 
 to the information, which was ullcgod to bo insufficient in form, and this demurrer 
 having been argued, was also overruled. 
 
 The prisoner then pleaded not guilty, and his counsel applied for an adjournment 
 until tho next day, to enable them to prepare affidavits on which to apply for a further 
 postptmement of the trial ; and, the Crown not objecting, the court adjourned. 
 
 On the following day, July the ^Ist, the prisoner's counsel read affidavits to the 
 effect that certain witnesses not then present wore necessary for the defence, and 
 that medical experts on the question of insanity were required by them from the 
 Province of (iuobec and from T(U'onto. They represented that the prisoner had not 
 had means to procure the attendance of these witnesses, and desii'od an adjournment 
 for a month, during which they would be able to obtain it. 
 
 In answer to this application, of which the Crown had had no notice until the 
 day previous, the Crown counsel pointed out that these medical witnesses, as well as 
 some others in the North-West Territories who wore wanted, could all be got within 
 & week; and thoy offered, not only to consent to an adjournment for that time, but to 
 join with the prisoner's counsel iu procuring their attendance, and to pay their 
 •xpenses. 
 
i 
 
 ourt in 
 gurd to 
 in the 
 Ilimuto 
 y right 
 
 Tho coansel for the pnoonor acroptod thih otlur, wliioh ilio prosiding jndgo 
 said was a roaHonnblo ono, and iho trial win niijourncd until tho 2Mth, In tho 
 meantime the witnoHHOH wore procurod. Tlioy /t-ro pre-ont and wore oxamino<l lor 
 tho priHonor, and tlioir ox|)onHOH woro paid by tho (Jrown, tho medic ul gontlomen 
 boing romunoratod an oxportn iit tho Humo nito iim thoxo callod for tho proMocution. 
 Tho other gfoundn whioh had boon urged f t ditlity wore nut further proHMod. 
 
 Tho court mot on tho 28th. No I'urthur adjournmont was ahi<od for, and the 
 trial procoedod continuouHly until it wuh concluded on tho lf>t of August. Tho 
 oxoeptionul privilege accorded to porHonH on trial for treason, of addroHning the jury 
 after their oounHol, waH allowed to tho prisoner and taken ailvantago of. 
 
 Ah to tho general character of tho tribunal, imd tho ample opportunity afforded 
 to the prisoner to make his full defence, it may b(^ well to repeal hero tho olmorva- 
 tionH of the learned t'hiof Juntico of Manitoba in his judgment upon the appeal. 
 
 •' A good deal," ho remarked, '* ban been Haid about tho jury being composed 
 " of six only. There is no general law which nayH that a jury shall invariably con-iit of 
 " twelve, or of any particular number. In Manitoba, in civil cnnos, the jury is com- 
 " poBod of twelve, but nine can find a verdict. In tho North-Wtst Toiritories ^ct, 
 " tho Act itself declares that the jury shall com-ixt of six, and this was the number 
 " of tho jury in this instance. Would the Stipendiary Magistrate have boon justified 
 " in impannolliiig twelve, when the Statute directs him t(» impnnnol six only ? It 
 " was further complained that thi.-i power of lifo and death was too groat to bo 
 " entrusted to a Stijtondiary Magistrate. 
 
 " What are tho safeguards ? 
 
 "Tho Stipondiarj' Magistrate must bo a barrister of at least five years standing. 
 "There mu^t bo associated with him u Jui-ti(^e of tho Peace and a jury of S'x. The 
 " court must l>o an open public court. Tho prisoner is allowed to make full answer 
 "and dol'enco by counsel. Section 77 permits him to appeal to the Court of (Queen's 
 " Bom h in Manitoba, when the evidence is pndncot und ho is again heard by 
 "counsel and three judges ro-considur his case. Again, tho evidonco taken by tho 
 "Stipendiary Magistrate, or that caused to bo taken by him must, before the sentonco 
 " is carried into effect, be forwarded to tho Minister of Jusiieo; and nnb-^iection eight 
 " requires the Stipendiary Magiatiato to postpone tho execution from lime to time, 
 " until sucli report is received, and tho pleasure of tho Governor thereon is commu- 
 " nicaied to iho Lioutenanl-Governor. Thus, before sentence is carried out tho 
 " prisf nor is hoard twice in court, through counsel, and his case must have been 
 " coneidorod in Council, and tho pleasure of tho Governor thereon communicatod to 
 " the Lieutenant-Governor. 
 
 " It seems to mo tho law is not open to tho charge of unduly or hastily con- 
 " tiding the j)OWor in the tiibunals before which iho prisoner ha^ boon hoard. The 
 "sentence, when the prisoner appeals, cannot be (Miried into otfect until his case 
 "has boon three times heard, in tho manner above slated." 
 
 The evidence of the prisoner's guilt, both up')n wri'ton documents sigrnod by 
 himself and by other testimony, was so conclusive thai il was not disputed by his 
 counsel. They contended, however, tha'. ho was not rospon-ible for his acts, and 
 rested their defence upon the ground of insanity. 
 
 The case was left to the jury in a very full charge, and tho law, as regards the 
 doioDce of insanity, clearly staled in a raai ner to which no exception was taken, 
 either at the trial or in tho Court of Queen's Bench of Manitoba, or before tho Privy 
 Council. 
 
 2. With regard to the sanity of tho prisoner and his rosponsibility in law for his 
 acts, there has been much public discussion. 
 
 Hero again it should bo sufficient to point out that this defence was expressly 
 raised before the jury, tho proper tribunal for its decision; that the propriety of 
 their unanimous verdict was cliallengod before tho full court in Manitoba, when the 
 evidonco was discussed at length and tho verdict unanimously affirmed. Before the 
 Privy Council no attempt was made to dispute tho correctness of this decision. 
 
 The learned Chief Justieo of Manitoba says in his judgment: " I have carefully 
 " read the evidence and it appears to me that tho jury could not reasonably have 
 
" oom« to Any oth«r oonohuion than the verdict of gum^. There is not only evi- 
 "deDO« to Hopport the verdict, but it vaHtly proponderutos." 
 
 And af^ain : " I think the ovidonco U|i in tho qiio-'iiori of iPHanity nh'»WM that the 
 "prisoner did know that ho wuh aoi.in^ iilof^ally, and that ho waH roHpontjiblo for 
 hiB aet8." 
 
 Mr. Justice Taylor's ooncluHion is :" Afteracriticul oxaininiition of the evidence, 
 " I find it impossible to come to any othor conclusion than ihat ai whi('h tho Jury 
 " arrived. Tne appellant is, beyond all doubt, a man of inordinate vanity, excitable, 
 " irritable, and impatient of contradiction, lie Hooms to have at timoH actu«i in an 
 "extraordinary manner ; to have said many Htran^u thini^-i, und to have ontorlainod, 
 "or at least professed to entertain, ub^4ur'i views on reiigioUH and political rtubJoctH. 
 "But it all Htops far short of OHtablinhini^ Huch unHoundnuHK of mind &n would render 
 "him irresponsible, not acoountaljiu for his actions. IlJHCouiHOof conduct indeed 
 "shows, in many ways, that the whole of his apparently oxtra(<rdinary conduct, his 
 "claims to Divine inspiration and tho prophetin character, was uniy part of a oun- 
 " ningly devised scheme to j»ain, and hold, influence und power over tho rtimple- 
 "minded people around him, and to ho<muo pornonal i-nniunity in tho ovont of his 
 " over being called to account for his actions. Ho seems to have had in view, while 
 "professing to champion tho uitoroHts of the M6iis, tho securing of pecuniary advan- 
 " tage for himself." 
 
 And he adds, after rovi awing the ovidonco :" Certainly the ovidonco entirely 
 " fails to relieve the appellant from ros|)onsibility for his conduct, if tho rule laid 
 " down by the judges in reply to a qiiostion put to Ihom by the Ilouse of Lords in 
 " MacNaghlon's case, 10 CI. & Fin. 20i>, to the -ound one. " 
 
 Mr. Justice Killam says : "I have road very carefully the loport of the charge 
 " of the Ma.'islrate, and it appears U> hivi* boon so oleaily put tiiat the jury could 
 " have no doubt of thoir duty in cum) iluy thoi^"i'. the pri-'Tior iiiHuno when ho 
 " c:ommitted the acts in question. Thcj' could no havj listenod to ihat charge 
 " without understanding fully that to biing in a v:'rdict of Lcuilty was to doduro 
 " emphatically their Jislioli -f in the insani y i>f the j risopor." 
 
 And again: "In my opinion, tho cvi 1« ucc ^va^ hucIj tiiat tlio jni-y would not liavc 
 " been juhtided in any othor verdict tiiMi ; lUt w lich 'hey gave. **^< Ihoiitatc to add 
 " anything to the romarks of my brotdor ]" \yUy upon the ovid'^nce on tho question of 
 " insanity. I have road over very ci;!vt'uii>- aP the evidence ttini was hii.l bof'»rc tho 
 *' jui'y, and I could nay nothing i.liat won I. nioiv fully cxpre-'s ihj opinions i have 
 " Ibrmcd from its perusal than what is cx;)reH8'!j by him I !..?r«e with him also in 
 " saying that, the prisoner has boon *ibiy and /.oaioaslv dofondcd, and that nolliiTig 
 " that could assist bis case apponrs to hav*. been loft uutfuchcd." 
 
 The organization and direction of snch u movement is in itself i'Tocoricilable with 
 this dofence; and the admitted facts a|)).cai whclly to displace ii. Tho pviHontn-, (ight 
 months before this roholiion bioko ou', wa-< liviriL'" i; the United Slates, 'vhcrn he hid 
 become naturalized under thoir laws and .<'as occun od as a school leacher. Ho was 
 solicited to come, it is said, by a depuutti n oi pr rainent m n amoinr the Fronoh 
 half-breeds, who went to him from tho M^oriii-Wtst Trrrito' ios, iiad. al'tov a conlorenco, 
 requested him to return wilh iheti, f.ii i as- ist in obtnining coriain rights which they 
 claimed from the Dominion Government, i.nd the iiHirc s of cc -tain fdlegod griev- 
 ances, xle arrived in theTorritoiios i i Jiil^ , 18B4, ar.d for a period of eigh moi ths was 
 actively engaged in discnsssing, both pubS'-iy iind privjt'^ly, tho .luttors for which ho 
 had come, addressing many public moeiinj^'s upon tiiem in a sottletnonl comrosod of 
 about six hundred French and a largor Jiui.iber uf English half-breeds, together with 
 others. The English half-broeds an i other settlers observed his course, and saw 
 reason to fear the outbreak which followed; but the suggos' ion of insanity never 
 occurred, either to those who dreaded his influence in public matters over his race, 
 and would have been glad to counteract it, or to the many hundreds who unhappily 
 listened to him and were guided by his evil counsels to their ruin. 
 
 If, ap to the eve of the resort to arms, his sanity was open to question, it is unac- 
 ooantable that no one, either among his followers or his opponents, should have called 
 public attontioD to it. If the Government had then attempted to place him under 
 
only ovi- 
 
 H Ihat tho 
 iHiblo for 
 
 ovidonco, 
 tho Jury 
 exoitable, 
 tod in uti 
 Icrluinod, 
 
 I HUbjOCtH. 
 
 M rondor 
 U'l incioud 
 nduot, his 
 L of a can- 
 bo tiim|)le- 
 ^ent of hirt 
 iow, while 
 ly advan- 
 
 10 entirely 
 rule laid 
 LordH in 
 
 lio charge 
 
 jury i,'()iild 
 
 \\ hon he 
 
 at churifo 
 
 to declare 
 
 1 not have 
 fate to add 
 ii«;4ion of 
 hc'lfjre the 
 )n 1 i i»hve 
 m alf*o in 
 t nolhiiiif 
 
 la')!e Willi 
 nof. ( i^dit 
 
 re he hid 
 Ho was 
 10 French 
 jnlorenoe, 
 hi eh they 
 ,'od griev- 
 01 Lhn waH 
 
 which he 
 miosod of 
 ither with 
 
 and saw 
 ity never 
 
 his race, 
 in happily 
 
 it ia unao- 
 avooallod 
 im under 
 
 refltraint m a lanatic, it in boliovod that no one would have been found to Jnatifv their 
 action, and that thoHo who now a-*sorl him to have Itoen irreHponHiblo would Imve 
 been loud nnd well warruntod in their protoint. It may bo well alno to ciiH attention 
 to the obviouH inconHiHtoncy of thoHo pernonH — not u few — who have urged tho 
 alleged mal-adminintration of the ufluirM of the Norlh-WoHt Torritoiien l>y the 
 Government an a ground for interfering with the Honlence, wilhoui t-eaMMig to 
 inHiHt upon the plea of inHanity. Tho pi inonor tunTiol havo been ^ntitlod to wjnnidor- 
 btion both aH the patriotic roprOHontalivo of bin rnct^ and un irreHfK)nHible lunatic. 
 It may bo ankcd, too, if the loader wan inHune, up<(ii what fair ground thoei who 
 were porHUudcd by and lollowed him could be held roKponwible ; and if not, who 
 could have boon puninhed for erimcH which ho unquentioriably called for it. 
 
 It has boon urge<J, however, that his nature win excitable, and his mental bal 
 anco uncertain , that kh the agitation incroaiHtxl his natiual diH|K).sition overcame him, 
 and that theroNort to violence was the result of overwrought feeling, ending in 
 inuanity, for which ho (tannot fairly be held accountable — that, in Hhort, he was 
 overcome by ovontM not foroHoon or inleiidod by hiui. 
 
 A simple wtatomont of tho facts will show that this view is wholly without 
 foundation; that throughout ho controlled and croaiod the events, »"d was the 
 loader, not the follower ; and that the resort to armed violence wan designed and 
 carried out by him deliberately, and with a premeditation which leaves uo room 
 whatever for this plea. 
 
 The tii-rtt collision with the troopii occurred at Duck Lake on the 26th of March, 
 1885. 
 
 On the 3rd of March previous the prisoner was at a mooting where there were 
 about sixty of his folKtwors, noarly all ;unied. He spoke at that meeting, and said 
 that the police wanted to arrc^t liim, 'B, it these" he said, ''are the real police," 
 pointing to thihO pf^ent. O i the iilh lie told c'hujies Nolin that ho had decided to 
 indii '0 the poople lo take up armi?, and he had begun to spcuk to him of doing so as 
 earlj as I)i.'(;etnl)or previous. 
 
 On tt'' I7i,!i of March he said to Dr. (i.VVilloughby, sixty or seventy armed half- 
 bicc Is l>eirg jiresent, that tht y iniended to strike a blow to usserL liioir rights; and, 
 poiiiiitg to the men, " Yoii see now I have my iioiice. In (<no week that litllo 
 Oovi rnrnciit polico will be wiped out !)f i xislorice." lie added that tho time hml 
 cori<> when ho was U> rule, ttus coiintiy or perish in ;lie attemid, aid that tiie 
 roiu>i!ion of fi»'t.een years ago (in which he had al.o boon tho loader) • would not be 
 a pa ch upon this one" 
 
 To Mr. Lash, whom, on i!»e 18th of March, at the head of his armed lollowort., he 
 arreted, he said that the robt llion had commencjd, and they intended to right until 
 the whole of the Saskutchewu)i Valley A'as in their hands; that he had toon WJ^aing 
 tiftocM years, and ut lust his oppoiluiii'y had come ; and lliut he w )uld gi ,e tho nolice 
 every opportunity U) surretid-r, I ut it tlioy did not do .-o thcie Wiuid b. bloo t.iiod. 
 
 On the same day ho, wit'.i about fifty armed followers, came to tho -tores of the 
 willle^ses Keir and Waitors, and demanded the arms and ainniu'iition, tho removal 
 o) width be Huieiiti'.ended. 
 
 On til" 2l»ih, he said to Tli niu'^ M^'Kay that this was Major Crozier's last oppor- 
 tuniiy of uvei'lii.g blMi>d.,he 1, and that, unless lie saii'ond'Med Fuit Carleton, an attack 
 would bo mado that iiiyht. 
 
 0<i the 2ist the prisoner sent a ilcmand, written an I signed by himself, to the 
 same Major Cozier, ilicii in command of tin-. M>unted PoUcl^ at Fort Carleton, 
 demanding an unconditional surrender of the fort and ol his tiu'ce, and threatening a 
 war of extermination on rcfii<al. This dcmaTii was not presented as written, 
 because his messenger who carried it, on ooiderring with Major Crozior's representa- 
 tive, saw that it would be peiemplorily rejected. 
 
 On the 26th the prisoner, with a lorce of between three and four hundred armod 
 men, proceeded to attack the polico and the volunteors, on their way from Fort 
 Carleton to Duck Lake, and he himself gave tho command lo tire, when nine men 
 were killed. 
 
 It has been made a question which side fired first on this occasion, but Kiel's 
 own statement to Capt. Young was, that they were endeavoring to surround the 
 
Goverament force while Major Crozier was engaged in a parley with one of Riel's 
 people; and that it was part of his plan to capture the police force, or some high Gov- 
 ernment official, in order to compel negotiationn, has boon slated by him to the Rev. 
 Mr. Pitblado and to others, as well as to Gapt. Young. 
 
 From that time until the suppresHion of the rebellion by the taking of Batoche, 
 on the 12th of May, he was the unquestioned leader of the movement. Being urged 
 by Mr. Astley, after the second engagement, which took place at Fish Greek, to allow 
 him to negotiate, he said to him, wbat he also repeated to the witness Eosh, that 
 thev mufit have another victory first, when they would be able to make bettor terms 
 with the Government; and to the end he remained, not merely in the oslenniblo, but 
 in the actual control of the armed force, negotiating in that capacity with the com- 
 mander of the troops, and with an authority never doubted by those who, being his 
 Erisoners, observed his conduct, or questioned by any one of those in arms under 
 im. 
 
 It may be asserted with confidence that there never has been a rebellion more 
 completely dependent upon one man ; that had he at any moment so desired, it 
 would have come to an end ; and that had he been removed a day before the out- 
 break, it would, in all probability, never have occurred. A dispassionate perusal of 
 the whole evidence will leave no room for doubt upon this point, and that this was 
 his own opinion appears by his statement to Father Andre, to be presently 
 referred to. 
 
 Finally, under this head, as regards the mental state of the prisoner, after | 
 his trial and before execution, careful enquiry was made into this question by 
 medical exports employed confidentially by the Govornmerit for that purpose, and 
 nothing was olicitod showing any change in his mental powers or casting any doubt 
 upon his perfect knowledge of his crime, or justifying (he idea that he had not such 
 mental capacity as to know the niiMire and quality of the act for which ho was 
 convicted, as to know that the act was wrong, and as to be able to contiol his own 
 conduct. 
 
 3. It has been urged that tho prisoner's crime was a political one, inspired by 
 political motives alone ; that a rebellion prompted only for tho rodi'css of alleged 
 political grievances differs widely from aw ordinary crime, pnd that, howevoi erro 
 noous may be tho judgment of its leader, in cndoavoriiig to redress vho supposed 
 wrongs of others, he is ontitlod, al least, to bo roi^ardodas unsolHsh, and as in his own 
 view patriotic. 
 
 This ground has been most earnestly considorod, but the G'wornmont has been 
 unable to recngnizo in tho prisoner a political otlendor on y, oi to see Ihul upon the 
 evidence there can be any doubt 'hat bis motives were mainly selfish. On the con- 
 trary, it seems plain that he was willing ut any momjnt, for tho sake of gain, to 
 desert his deluded followers, and lo abandon his t fforts for the redress of their alleged 
 grievances if, under cover of them, he could have obtained satisfaction for his own 
 personal money demands. 
 
 Tt ie believed that many who have espoused his cause and desired to avert from 
 ftitit u:-. sontenue which the law pronounced must have been ignorant ot this 
 tii""- 'J- cannot duly have considered its proper efFoct, for it seems incredible that 
 ar.y one knowing it could regard the prisoner as entitled to the character of a patriot, 
 •''i ! (ii.pt hiiii as the representative of an honorable race. 
 
 Tt .s to be rememnorod that tho prisoner had loft this country and j^ono to the 
 wniled States, where ho had become an American citizen. He was brought here, 
 therefore, avowedly to represent the claims of others, although in his lottor of accept- 
 ance to the delegates ho mentioned his own grievances as enubling him to make 
 common cause with them. It is clear, however, from tho evidence of Dr. WiUoughby 
 and Mr. Astley, that from the beginning his own demand, which he himself claimed 
 against the Government, was uppermost In his thoughts, and as early as December 
 he attempted to make a direct bargain with the Government for its satisfaction. 
 
 Father Andre was a witness called on behalf of tho prisoner, and there can 
 be no reason whatever to question the corroclnoss of his statement. His evidence on 
 cross-examination by Mr. Casgrain was as follows : — 
 
 
e of Riel's 
 high Gov- 
 
 the Rov. 
 
 )f Batooho, 
 aing urged 
 k,to allow 
 RosH, that 
 3ttop teritiH 
 inniblo, but 
 h tho com- 
 I, being his 
 irmH under 
 
 3llion more 
 
 doBired, it 
 
 )ro tho out- 
 
 1 perusal of 
 at this was 
 
 proBontly 
 
 ion or, after 
 [uostion by 
 H'pose, and 
 ; any doubt 
 nd not such 
 ch ho was 
 rol his own 
 
 inspired by 
 
 of alleged 
 
 ^vovoi orro 
 
 supposed 
 
 in h 18 own 
 
 \it hOH been 
 L upon tho 
 
 On tho con- 
 of gain, to 
 
 lioir alleged 
 
 [or his own 
 
 avert from 
 ant ot this 
 •odiblo that 
 of ajiatriot, 
 
 gone to the 
 ought here, 
 M' of accept- 
 m to make 
 WiUonghby 
 holf claimed 
 ,9 Daombor 
 faction. 
 d there can 
 ovidonco on 
 
 tlo had never 
 spoke about it 
 
 " Q. I believe in the month of December, 1884, you had an interview with Riel 
 "and NoIIn, with regard to a oortaic sum of mono; which the prisoner claimed from 
 " the Federal Government ? " 
 
 " A. Not with Nolin. Nolin was not present at tho interview? " 
 
 " Q. The prisoner was there ? " 
 
 "A. res." 
 
 " (i. Will you pleaso state what the prisoner a^ked of tho Federal Government ?" 
 
 " A. T had two interviews with the prisoner on that subject." 
 
 " Q. The prisoner claimed a certain indemnity from tho Federal Government, 
 " didn't he ? " 
 
 "A. When the prisoner made his claim I was thero with another gentleman, 
 " and he asked from tho Government $100,000. Wo thought that was exorbitant, 
 "and the prisoner said ' Wait a little ; 1 will take at onco $35,000 cash.'" 
 
 " Q. And on that comlition tho prisoner was to loavo tho country, if tho Govern- 
 " ment gave him tho $35,000 ? " 
 
 " A. Yes, that was the condition ho put." 
 
 "Q. When was this?" 
 
 " A. This was on tho 23rd December, 1884." 
 
 " Q. There was also another interview between you and tho prisoner ? " 
 
 " A. Thero has boon about twenty interviews between us." 
 
 " Q. Ho was alvvays after you to ask you to use your intluonoo with the Federal 
 " Government to obtain this indemnity ? " 
 
 " A. Tho first timo ho spoke of it was on the 12th December. 
 " spoken a word about it before, and on tho 23rd of December '^e 
 " again." 
 
 " Q. He talked about it very frequently ? " 
 
 " A. On those two occasions only." 
 
 " Q. That was his grout occupation ? " 
 
 " A. Yo3, at those times." 
 
 " Q. Is it not true that tho prisoner told you he himself was the half-breed ques- 
 " tion ? " 
 
 " A. He did not say so in express terms, but ho convoyed that idea. He said : 
 " ' If I am satisdod, the half-broods will be.' 1 must explain this. This objection was 
 " made to him, that oven if tho Government granted him tho $.'^5,000 the half-breed 
 " question would remain the same, and ho said, in answer to that : ' If I am satisfied, 
 " the half-breeds will be.' " 
 
 " Q. Is it not a tact he told you ho would oven accept a less sum than the 
 " $35,000 ? " 
 
 " A. Yes. He said : ' Use all tho inlhienco you can ; you may not get all that, but 
 " get all you can, and if yo'' "^t less wo will see.' " 
 
 This evidence contirra'^ >f Chariot, Nolin, a very prominent half-broed, at 
 
 one timo Minister of Agricui. ..o m tho Govornmont of Manitoba, who had strongly 
 sympathised wiih Riol and tho movement, until armed rebellion bocumo imminent, 
 when he separated from him, and afiorwurds gave evidence for the Crown. This was 
 his testimony ; 
 
 " In tho beginning of December, 1884, ho began to show a desire to have money ; 
 " he spoko to mo about it first, I think. 
 
 " Q. How much did he say he wanted ? " 
 
 " A. Tho tirst time ho spoke of money I think ho said ho wanted $10,000 or 
 " $15,000." 
 
 " (J, From whom would ho get the money ? " 
 
 " A. Tho hrsl timo he spoko about it he did not know any particular plan to get 
 " it J at the saino timo, ho told mo that he wanted to claim un indoranity from the 
 " Canadian Govornmont. Ho said lh;it tho Canadian Government owed him about 
 " $100,000, and then the quosiion aroso who tho persons wore whom ho would have 
 " to talk to tho Government about tho indemnity. Some time after that tho prisoner 
 " told me thai ho had au interview with Father Andre, and that ho haJ made peace 
 " with the Church; that since his arrival in tho country ho had tried to separate tho 
 
I I 
 
 " pooplo from the clergy ; that until that time ho wah at open war almost with'the 
 " clergy. He said that he wont to the church with Father Andr6, and in the presence 
 " of another priest and the BloHsod Sacrament ho had mado peace, and said that ho 
 " would never again do anything against the clorgy. Father Andr6 told him he 
 " would uso his influence with tho (rovornraont to obtain for him $35,000. He said 
 " that ho would bo ct)ntontod with $.^5,000 then, and that ho would settle with the 
 " (lovornmont himself for the bulancu of the 8100,000. Thut agree inunt took place 
 " at Prince Albert. The agreoineiit Look place at St. Laurent, and thon Father 
 " Andr6 wont back to his mission at Prince Albert." 
 
 '• (i,. Before Docombor were there meetings at which Kiel spoke, and at which you 
 " weie present ? " 
 
 "A. Yos." 
 
 "Q. How niaiiy." 
 
 " A. Till the 24th February. 1 a...iistod at seven meetings, to tho best ot my 
 " knowledge." 
 
 " Q. Did the prisoner toll you what he would do if tho Government paid him tho 
 " indemnity in question ? " 
 
 " A. Yes. ' 
 
 " Q.' What did he tell you ? " 
 
 " A. Ho said if he got the money ho wanted from the Government, he said he 
 " would go wherever tho Government wished to send him. Ho had .old that to 
 " Father Audio. If he was an embarrassment to tho Government by remaining in 
 " the North- West ho would oven go to the c'rovince of Quebec. He said also that 
 " if ho got tho money ho would go to the United Sl^lOs and start a paper, and raise 
 " tho other nationalities in the Slate-*. Ho said : ' Before the grass is that high in this 
 ** country, you will see foreign armies in this country.' Ho said ' 1 will commonco 
 " by destroying Manitoba, and then I will come and destroy the North-West and take 
 " possession of the North- West.'" 
 
 Much has boon made of tho argument that the prisoner came here at the request 
 of others, but for which ho would have remained away, and that being hero be 
 desired to return to tho United Staios, and would have done so were it not for the 
 urgency of those who had induced him to come. As to this, Charles Nolin swore as 
 follows : — 
 
 "Q. Was there a meeting about that time, about tho 8th or 24th of February ?" 
 
 "A. A mooting?" 
 
 " Q, At which the prisoner spoke ?" 
 
 " A. There was a meeting on the 24th of February, whoo tho prisoner was 
 present." 
 
 " Q. What took place at that mooting ; did the prisoner say anything about his 
 " departing for the United States ?" 
 
 " A. Yos." 
 
 " Q. What did the prisoner tell you about that ? " 
 
 " A. He told me that it would be well to try and make it appear as if they 
 " wanted to stop him going to tho States. Five or six persons wore appointed to go 
 " among the people, and when Riol's going away was spoken al)Out, the people were 
 " to say ' No, No ' It was expected that Gagnoii would be there, but ho was not 
 " there. Riol never had any intention of leaving tho country." 
 
 " Q. Who instructed tho people to do that ?" 
 
 " A. Riol suggested that himself." 
 
 " Q. Was that put in practice ? " 
 
 " A. Yes." 
 
 The Oounsol for tho other half-breeds who pleaded guilty also stated in court 
 that llicl had hin\eelf procureii the request to him to come to this country; and 
 on two occasions in court those learned gent' amen most earnestly and indignantly 
 denounced the prisoner as one who had misled and deceived thoir clients, and to 
 whom all tho miser}' and ruin which this unhappy rebellion had brought upon 
 t^em was to bo attributed. 
 
 But if an unseltish desire could be credited to the pr-'ouor to redress political 
 wrongs even by arm«d rebellion, it would at least huve JtHten necoBsary to disprove 
 
the charge which lies against hira, thai in his own mind the claims of humanity had 
 no place, but that ho was prepared to carry out his designs by bringing upon an 
 unoffending people nil the iiorrois of un Indian rising, with the ontrugos and atrocities 
 which, as ho know mil well, must inovitAbly accompany it. That thi:* cannot bo 
 disproved, but that it is beyond all dispute true, the evidence makes plain. 
 
 From the hcgi lining, oven before Duck Luke, he was found in coiapany with 
 Indians armed, uvd to the end he availed himself of their assistance. 
 
 In that cngai^enient, the first occasion of bloodshed, according to the evidence of 
 the witnesses Astloy, Itoss and William Tompkins, the Indians composed a largo 
 portion of his for(!e — one-third, or thereabouts. 
 
 In a letter found in the cfimp of Poundmaker, an Indian Chief, in the prisoner's 
 hanuwriting, and signed by him, after describing in most exaggerated language 
 what is termed their vi'jtory at Duck Lake, it is said : " Praise God for the success 
 " He has given us. Capture all the police you possibly can. Preserve their arms. 
 '< Take Fort Battle, but save the provisions, munilicms and arms. Send a detachment 
 " to us ot at least one hundred men,'' 
 
 In a draft letter, also in his handwriting, and proved at the trial, addressed to 
 the French and English Metis from Buttle River to Fort Pitt, the tollowing exprea- 
 rtions are found : — 
 
 " We will help you to take Fo; ;. Battle and Fort Pitt. ¥ * * Try 
 " and have the npw> which we i-vrA to you conveyed a^ soon as possible to the Metis 
 " and Iiidiai s of Fort Pitt. Tell them to be on their guard ; to prepare themselves 
 " for everything. * * * Take with N'oa the Indians ; gather them 
 " tuge'.hor everywhere. Take all the ammunition you can, in whatever stores they 
 " may bo. Murmur, growl and threaten. Bonso up the Indians," 
 
 Other evidence to the same etfect w;^ given at the trial, and it may bo added 
 that in the scouting reports and Oi-ders in Council the active employment of Indiana 
 in carrying on hostilities clearly a)ipear>. 
 
 It could not be overlooked either, upon an uv' plication fca- executive clemency, 
 that upon the trials of O-^i* Arrow, Poundmaker, White Cap-iml other Indians, it was 
 apparent that they were excited to the i.cu» of rebellion by the prisoner and his emis- 
 saries. Many of these Indians tjo incited and acting with him from the commence- 
 ment were refugee Sioux from the United Statots, said to have been nouvjerned in the 
 Minnesota massacre and the Custer affair, and liierefore of a most dangerous class. 
 
 It is to the credit of the Indian chiefs that their influence was u^ed to prevent 
 barbarity, but by individuals among them several cold-blooded, deliberate mui-ders 
 were committed, for which the pei-petrators now lie under sentence of death. These 
 crimes took place during the rebellion, and can be attributed only to the oxoitoiDent 
 arising out of it. 
 
 4. Whether rebellion alone should be punished with death is a question upon which 
 opinions may differ. Treason will probably ever remain what it always has been 
 among civilized nations, the highest of all crimes ; but each conviction for that offence 
 must be treated and dis]X)Bed of by the Executive Government upon its own merits, 
 and withe full consideration of all the attendant circumstances. In this particular 
 instance, it was a second offence and as on the first occasion, accompanied by blood- 
 shed under the direct and immediate order of the prisoner, and by the atrocity of 
 attempting to incite an Indian warfare, the possible results of which the prisoner 
 could and did thoroughly appreciate. In deciding upon the application for the com- 
 mutation of the sentence passed upon the prisoner tne Grovernment were obliged to 
 keep in view the need of exemplary and deterrent punishment for crime committed 
 in a country situated in regard lo settlement and population as are the North- West 
 Territories; the isolation and defcncelees position of the settlers already there ; the 
 horrors to which they would be exposed in the event of an Indian outbreak; the 
 effect upon intending settlers of any weakness in the administration of the law ; and 
 the consequences which must follow in such a ooontry if it came to be believed that 
 such crimes as Eiel's could be committed, without incurring the extreme 
 penalty of the law, by any one who was either subject to delusions, or 
 could lead people to believe that he was so subject. The crime of the 
 2 
 
10 
 
 prisoner was no constructive treason; it was accomj^anied by much blood.shed 
 inflicted by his own direct (.rdoi> ; and the Government have felt, upon a full and 
 mn«t cainest consideration of the case, that th( y wculd have been unworthy of the 
 power with which they am entrusted by the whole ]>eoplo, and would have neglected 
 their plain duty to all claH-(>-, had they intcrfeiod with the duo cxeculior> of a sentence 
 pronounced ui> the result oi ;t just vordicL, and sanctioned by a righteous law. 
 
 A. CAMPBKLL, 
 
 (Minister of Justice ihiriiuj the proceedinys against Riel.)