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6
The Blood OF Abel
" lyr/us, recludens iinvwritis niori
Caelum, nef^ata tentat inter via,
Coctusqiw vuii^ares et iidam
Spernit humton fugiente penna'^
— HORATILS,
Copyright, 1887, by Wilbur F. Bryant.
ALL RIGHTS RESERVED.
Published, for the author, by tlio
(}AZKTTI'>JoilRNAL COMPANY, HaMTINUS, NEBRASKA,
. 1887.
i
TO IHE MEM()R\- OF
WILLIAM LEARNED MARCV
A Dkmockat oI' TiiK Om) Sciiooi,; a Sta'iksmw
Sui'JiRi,ATi vi: AiMi.nN ; thk Contkmi'oi} akv oi
(i|-
Cmiioux, Ci.av AM) Wkhstk
l< : A M > III K
Peeroi- Thk.m Am.; and, Best oi' Alt,
THE Fearless and Uxco.mi'romising
Defender of tite RkjIits oi-
Americans A
BROAD,
THIS LIT fix V(.)LUME IS DEUICATKI)
BV
Ti
IE iVUTIlOR.
PREFACE,
T
IIOMAS PAINE savs, somewhere, that the last part
o
f a hook, to hf written, is the i)reface
II
e mi<j
ht h
avc
added, that it was the hardest to write. It is the author's
apology to the reader. I do not like apolo^^ies. Hence T
shall offer none. Tiiis little book was not wiitfen for gold
or for gloi y, nor for that fool's gold of fame - notoriety. Its
author had a word to speak; and he has spoken it.
W. F. B.
WrsT PoiN-r, March _'/, 1SS7.
«(
H'
IKI, was the John I'.iown nf tlie half-breed, — a fanatic with a jiist
cause behind him, at least a cause which rested on the bed-rock of
justice in the minds of hi-; supporters.'" — [^Sprin'^Jlciii KcpithHiivi.
" lie was a man of strange temperament,
( >f mild demeanor, though of savaj^^'e mood.
Moderate in all hi.-, habits, and content
With temperance in pleasure, as in food,
(Jnick to perceive, and stront; to l)ear, ami meant
For something belter, if not wholly good ;
■ His country's wrongs, and his desi)nir to save her.
Had stung him from a slave to an enslaver."'
— \DeSiription of f.iiinlno in Byron's Don Juan.
" I did all 1 could to get free institutions Icr Manitoba. They have those
Institutions to-day in Manitoba, and try to iriprove them, while myself who ob-
tained them, 1 am forgotten as if 1 were dead."
— [/.onis /\ii'/'s .li/ih-ess /o the Jnrv.
" .\h ("lod 1 tliat gastly gibbet I how dismal 'tis to see
The greu, tall, spectral skeleton, the ladder, and the tree."
— [.-/I'Aw//.
" I lad Don I'acitico been naturalized at Gibraltar instead of having been born
there, he would have been not the less entitled to ' British Protection." '"
' — \^Sir .Uex(Vt(/er Coikhitrn.
"Speak, Satire, for there's none can tell like thee.
Whether "tis folly, pride, or knavery,
That makes thi« discontented land appear
Less happy now in times of peace, than war." — [Dffoe.
i
Tin-: lll.nah o/' Ari'J..
»" My cliaryes upon record will outla.st
The brass of both his fpita])li and Idiub.'
' Ktpeni'st thounot,' said Midiael, 'of some past
Exa^geralioii? Something which may doom
'I hyself if false, as him if true? Thou wasi
'loo liiltcr — is it not so? — in thy ^loom
(Jf passion? ' ' I'a.ssion I ' cried the )iliant(ini dim,
' I loved my country, and I haled him.' '"
-[/)/ii/n^i^Uf behvcftt Michael and Junius^ in Hyioiis I'isii'ii «/ Jiiii^nitnf.
'• The watchhd caie and mtcreM <>f tliis (Idvcrnment over it> citizens are not
relinquished because they are g<ine al)roa(l, and if charj^eiT with a crime com-
mitted in the foreign land, a fail and open trial, conducted witli ;\ decent regard
f'li jn>tice, and humanity, will be demanded for them.'"
— [ ricsidfHl i'lri^eliuui' s Mt'ssa;^f tc Cong)-t.^<, Di'icniher (■>, iSS6.
" And the i.ord saiil to ( ain : Where is tliy brotiier Aiiel .•' and lie answered :
I knuw not; atn I my brother's keeper? And he said to him : What hast thou
done? The voiie of thy brother's blood crieth to me from the ^arih."
— [iienesis, Cluip. /:■,, t)-io.
The Blood of Abel
PART THE FIRST.
Ultima Thule
THE BLOOD OF ABEL.
Fart the First,
TME NOHIM WES'F
" This kiiij; of the ■.ulitiulcs iiccils .in cinjiiic fur liis ()|icralioiis."
.. ^ [^/'lOffMO/ /if III,
T
m:
most
inipurtaiU |)li\ sii'al (lisisiini of ilic Xoilh
AmciiiMii coiitiiKMit is tlu; 'Tcat (.(.Milr,
1)1.1111 \\ hull
)ii
strrlilu's fiom the Aictic ( )(:i';m, on the North, lo llic (ml)
of Mexico, tMi the South. This plain i> hoiindt'd on tho \\'t.'--t
1)\ tlu" Rocky Momitaiiis, ami on the \]:i>\ \>\ tlio Appahicjiian
M
oiiiitaiii system, \v
hich.
iiiuuM tlie various names o
f A
Ijpa-
ns
ic,
lachiau, Allcj^hany, C'atskill, Adiiouchicks, (irccii ^foulllai
and White Moiiiilains, exteiuls aioiijr the coast of th( .\thint
noitheily,to the water system formed l)y ihe (ireat Laki-s .md
the Saint Lawrence River, north of which system the _i,'real
plain, leapintj beyond tlie boundaries Nature has fixed in tiie
South, stretches out, toward tlie ICast, to Hudson iJay, and
South of that bav, in tiie dreai v, fan-shajjed deseit of noifh-
crn Labrador, which country is honiuled on the Soutli i>\ the
It is hardly exai^jxcration to say, that
is.
W'otchish Mountaii
a person mi^dit walk throufjjh this plain, from the mouth of
the Mackenzie River, at its northern to the Delta of the Mis-
sissippi at its southern extremify, without meetin*; a percepti-
hje rise upon the face of the countrx , Near the centre of
^ .1
10
////; iiiAum or a/:/:/.
till"
hasm, h(n\ i'\iM", m a
bout
alitiidc ^(t^' iiort li. tlu rr i> a
bread liiif oiiiilf swell, w itluuit aiiv drlincd fir>l.
TI
lis
\\ aUM-Nlu'd. as ii is (.alUil, stalls fioiti tlu- i-asti'in slope' of the
1 I .aUi' Su|K'ri()r,
K
1 IC K '
M
ouiitams, and riiiis eastward, tow ai<
a little West of wliirh it divides. Its rise is so L^radiial, that
the unscietitilie ohseiv er eaii diseo\ I'r llie summit, oiil\' h\ the
m-iu'ial i-iuirse of tlu' ri\ers, w hic-ji. di\ er^iii^- at this phut',
lilvc the ii\iMs of Mdeii. tlow id a noitheilv or southerly di-
iietioii, toward tin' Aielie ( )eeaii or ilu- (iidph. aeeoi diiij^l v
as tlu'\ risi' to the North or Soutli of the suminil. It miuhi
hesh:i\iui; the edt^i' of Inpei i>;)le to iiiia;.^iue I \\ o drops of
rain falliii'4' upon t lie summit of this swell siimdtaiieoiisK , aiul
paitiiiL; eompaiiv at the apex of its obtuse an^le; the oiu' to
be borne s(Milliward. b\- the Mississippi, to the tepid waters of
the (iiil])h; the ^•theI 1>\ Ni'lson Ri\i-r and Hudson Strait to
t lie I id/en oeiM'i i>f the North. I' his terrei
le wavi> o
f d
emarea-
t loll w,«s onee belie \ ih
1 to be tlie track of the isothermal line
of aL;rieultuie, in this reL;ion. Hut here bistor\ has i^iven the
he to SI len
ee.
TI
ie eountrx- luulb of the SS''^ ^I'-'JA''-*^" "^ latitu^le 'iiay, |
)er-
haps, be regarded as ihe linesi fur-produeinq; eounliy in the
world
It
s rock \' sol
1 and
se\ ere elimate render it unlit for ay;-
ulture. The ten ilorv 1\ iii'-: south of this latitude, and notih
of iIm
I')
th <1
e'jree. between
the I
\ oek V
M
ouutaius, am
I tl
le
Si)lli meiidian of lonjj^itude, is a country bearing;- in its womb
^iant possibilities. .\lread\ a lar<;e porlion of it has been
redeemed from desolation and sava_i;er\ by the silent, but
tellini: labour o{ the rustic toiler. I\ite h.;s destined this to
be the <;reat wlu at-j)ro(lucing country of the y^lobe. It re-
quires neither the i)eu of a poet, nor the eye of a seer to
picture a second Odessa sprin«^iny- up o\i the coast of Hudson
Kav. when the beaten iiath of commeice shall lie belwi'en
the mouth of t'.ie Mersey antl the mouth of the Nelson. In
this country we inii^ht place AustriaTIuii^ary, l^Ui^land and
Fiance; and ha\e left sullicienl teiritoiy for a respectable
77//; Mt/rni- ir/.'.v/-.
IS
I'lnpiic,
The careful stiulfut of liist.ii\- will lu-vrr ronsiiiiT
its (.-limatc as uiilitatiiiLj against its fiiliiic. Auv poison famil-
iar with Ca'sai's ComnRM\tai ios will rcalixi- \\ hat chaiifxcs the
scttlcniout of tlu' loimtiv, tin." iniltix atioii of tlu- soil, ami the
introduction of' ci\ili/aiion ha\ c wroUL;ht in tlu' climate of
ICuropc. Manitohi is in the same laliuideas tlu- southci"t\
part of I'>n;j[lan(l. ^'et the lime was, since the commencenu-nt
of onr era. when
.upland, t hen a cold and
l>arren laml, was
in possession of waiulerinj^ triln's \\ hi> iiihahitrd rude hut'
ma(
le of
wicUcr and mud, I'lictcil in chistiMs oi hamli-ts. lil
Indian tipis. One such theic was upon the sIkmcs of a ri\i"r
bounded on
thr
ee sK
les 1
i\ a
trackless forest. 'I"hi
ld\ii-I)in, or "the town on the lal
\e,
s \\ as calle*!
L ontrast il \\ i'. h t he
1
oiivlon o
f t
t)-d.iv
I'he pi i(k' of the North-West is its ri\t"is and lak
these it licals almost an\ i-ounti\ of the < )ld W'oiKI. I'or the
purposes oi this volume the description of oiil\ one of thesi-
n\ers is lucessarv. The S;isk;nchc\\ an is ircoirraphicalU and
historicallv famous, at once the K hine ami Tiher of ihi' North-
\\ est. Its n;ime is eithei" a corruption of, or a deii\ ati\ e trom,
the huiian wt)rd KissisUachewan, si^nif viu.u'. iu t he (.'ree lan-
t^iiai^e, ''swift curreul." This river, like the Nile, has an u|)per
course, consistiiiij; of two hranches. Tlie North luauch rises
in (ilacier Lake, a hodv of water, ahout ten miles in leuj^'th
by twoui width. King on the east s'.ojH" of theKock\ Moimt-
ains, neai- Stdlixan's I'e^k, at an altitude of <>,,^|7 feel ahoxe
the level of the sea, neaih the heij^ht of Mom\t Washington.
The course of this stri-am is I^ast, past Mount Murchison. a
point of land i^^-jSi) ivc[ ahoxe the sea-li'\el a trille hi>_;her
than Mount Hhnu. Then, chan^iii^' its course to a more
tiortheriv direction, it unites with the south hranch near lon^i-
tudi' U)^*'" ij'. ahout \ z'^' iS' east of its source. This hranch
is aliout 550 miles i.) lens^th, l()ny;er than the Penobscot, An-
(.lrosc()ij^j;in and Mohaxvk rivers combined. Tiie south fork
is formed bv the Junction of two little mountain streams, the
!,■!
I-'
Tin-: IIIAJOI) OF Alll.L.
Bow Mild I'clly. Ill fact, later cxplonitioii'- ha\c neail\- c-stiib-
lishc.l tlie fact, that the liovv is the main stream ; and the other
is a mere trihutai v. liow River takes its vise in a tiny lake
which descends from a matjnificent glacier, and in a crronj:) of
sprin<:^s in the vicinity. After its junction with the Belly it
pursues a southerly course till it unites with the Deer Rixei.
Thence it pursues a more easterly course till it unites with
the north 1 ranch. The latitude of these sources differs a little
more than two dejji'rees. From the union of the north and
south branches, the nniin stream pursues its course for about
200 ir.iles. I'his course is North- East to parallel Sj'" i then
the ri\ er,chan<^in|:^ its course, describes an '.x-bow, takes a gen-
eral south-easterlv course to Cedar Lake. The lake is simjily
an expansion or \videning of the river, which keeps its course
to Lake \\ innipejj;', into the north-west portion of which it
empties. In the north-east part of this lake the Nelson Ri\ei"
takes its rise; and, after a course of 350 miles, it enters Hud-
son Bay. This river is, by many <j;eo<.naphers, considered an
extension of the Saskatchewan. Ln^lish explorers bestovs ed
th.e name of the hero of Trafal^^ar upon the river; but its
source
as a less romantic name
W
nnip
e<r SI
Hnif\
mo-, in
AlgoiKjuin, ''dirty water." The nKMintains altniLC the Sas-
katchewan are heavilv timbered. Coal and iron have been
discovered upon both branches. The area of the entire
basin is 240,000 scpiaie miles, larger !h:in the states of
California and Minnesota combined. In the \ear 1876 an
American of some })retentions wrote of thisxalley: "The
basins of both branches are jjfenerally too wild and moun-
tainous. .111(1 the climate too riirorous to admit of much culti-
\ ation,
()n(
e can not read such words now, and sunnress a smile
ppi
ul-
The valley of the main riser presents an excellent a<;ric
tiirai and j;ra/.in«^ district. The Saskatchewan is <i^enerally
frozen from the mitldle of November till the middle of April.
During the greater part of the year, however, it is navigable
77//; xoirru- \vi:st.
18
I
for -tcaniboats; and is destined to lie the "^reat natural thor-
ou<'hfare of commerce in the North- West.
.Vs the Saskatchewan is to he the greatest natural, so is the
Canadian Paciilc railroad to he the L,Meatest ai tificial hij^hway
of this countiv. This company \\ as incorporated l\-l)ruary
17, iSSi, with an authorized capital of $100,000,000. 'i'he
charter conferred, amon<^st other powers, the ri<rht of con-
structin<5and operating telejj^raphic lines; tlie ri<^ht of huildin-^
branch roads alono the entire len<^th of the niain line; and of
establishing steamship lines at its termini. The company
was subsidized, b\' the Dominion (jovernmenl. in the sum of
v$ 2 5;00(.),ooo togelhei" with a donation of 25,000,000 acres of
lantl. The government, having previously gone into the
railroad business, had constructetl 713 miles of road, at a cost
of $35,000,000, which it transferred to the company, free <>f
ct)st. At the session of the Dominion I'arliament foi- i'SS,|,
the administration then in ])o\ver, under the Right Honour-
able Sir John A. Macdonald, as premier, stood |)ledged l)efore
their constituencies for an earlv construction of tlic road.
The lailroad company was upon the ragged edge of bank-
ruptcy. They could raise money neither in Wall Street noi-
London, upon the company's bonds. If they failed in the
construction of the road, defeat threatened the government.
In this dilemma the \'an Bnren of Canadian j^olitics was
e([ual to the emergencs*. lie resorted to what politicians
call " log-rolling." His party, under !iis leadership, subsi-
dized local roads, and resorted to "ever\ wile that's justi-
fied by honoin"," — and some which casuists miglit ([uestion, —
until they secured the grant of $30,000,000, taking as security
a mortgage upon the road froin Calendar ( near the source of
the Matawiii River) westwaril. The opposition character-
ized the security as absolutely worthless, because the first one
thousand miles of the mortgaged track passeil through, an
unproductive country. Considering all tilings, the estal)lish-
ment of this great highway was cheaph' purchased. What-
i
'-' I
il
P
'4
>,"
14
77//; nL(u>i) OF m\i:l.
e\ei- faults he may ha\('(aiul faults he has in pi'ofiision ), the
name of Sir I.)hu A. Macdouakl is forex cr linked with the
consuinmation nf this enterprise.
In 1S85 tiie capital stock of the road was reduced to
$65,000,000. Upon this amount the <i;overnment has ij^uar-
antced a minimum dividend of three percent. 1)\' the yeai- for
ten yeai's from Au<;ust, 188:;, the company placin<>^ collateral
in the hands of the government, which at four per cent, in-
terest, pro\ ides for this. The Canadian I'acitic extends from
Montreal 2,609 miles to New Westminster, in British Co-
lumbia. It must he confessed (however reluctantly by us
Americans), that the route by the Canadian Pacific Railioad
has some advantages in its favour, as against the Union Pa-
cific and Central Pacific, by Omaha and ()gdeii,to San Fran-
cisco. What these advantages are it is foreign to the purjjose
to enumerate. Hut the establishment of a branch road from
the main line of the Canadian Pacific to the nioutii of the
Nelson River, and a line of ocean steamers from thence to
Li\ erpool, would be almost the creation of a Xew World in
the North- West. What the Canadian Pacific has already
achieved for this country there is not sjiace to write-of. It
would be the oft-repeated story of towns sj^ringing up, like
the Iv\- of Jonas; of town-sites playing the role of Aladdin's.
Lamp; and, last, but not least, the sturdy tiller of the soil —
the man who comes to sta\' — followin<j in the wake of the
speculator.
The Third Napoleon spoke of what he called " the logic
of events." One fond of studying this kind of logic might
trace a visible connection between the history of the Oregon
question, and the building of the Canadian Pacific Railroad.
By the treaty of 18 18, between Great Britain and the United
States, the parallel of 49''' north was established as the bound-
ary line between the States and British America, East of the
Rocky Mountains, as far as the Lake or the Woods; and a
compixjinise was effected as to the Pacific slope, leaving it
77//; .\()irrji-\vi:sT.
open to the subjects of both the iciibn and the republic, con-
stituting it a kind of ]iolitical No-Man's-LMnd. The march
of civilization forced 'the question of its ownership upon the
n
(bploniates and statesmen of both nations, (ircat IJritai
hinited her claim i\v the parallel of .\r'\ and the demaj^ocjues
of the Clay and Polk cainpait^n pushed the American claim
to the extravaji^ant and ima<^inary l)oundary of ^j''' p)'.
•'• Fiftv-four forty or li^^ht " was made the sloi^an ni the
democrats, who were led to \ictory l)y Polk aiul Dallas.
President Polk, in his inauL^ural ad<ircss, sj^oke of the Amer-
ican c
laim
as
i(
cl(
ear and imcjuestionable.
II,
id this claim
been successfully asserted, as it was souo^ht to be, (ireat Prit-
ain wcnilil have had no coast-line in this recjion ; and tlie Ca-
nadian Pacific Railroad would ne\or have been Iniilt, as the
cause for its building would not ha\e existed; and theXorili-
West woidd never have been blessed with this great civilizer,
the source of nearly all its jirosperity.
In the portion of country last dcfineil there are three entire
political divisions, and parts of two others. The })rovince
of Manitoba lies wholly within this tract. Manitoba has an
aiea of about 125,000 -riuare miles, being nearly the si/.e of
the states of Minnesota and Wisconsin combined. Manitoba
is bounded on the South by the Unitetl States (Minnesota and
Dakota), on the West by Assinniboia and vSaskatchewan, on
the North by Saskatchewan ami Keewatin, and on the I'^ast by
Keevvatin. Manitoba is (this is said reverently ) the Piomisi'd
Land of the North-West. Though neither literally, nor, per-
haps, figuratively a " land flowing with milk and honev,'" it is
a land blessed with a fertile soil, a dry and healthy climate, and
an intelligent and enterprisiuL;" ])0|)idace. This province he-
longs to the Dominion of Canada; and is lepresented in the
House of Commons, at Ottawa, by six members. Manitoba,
along with the remainder of the Dominion, cnjo\ s a govern-
ment in form n.ionai'chial, but in fact republican. We of the
States have been so much impressed by the froth and the
I
J
■ M
Itj
////•; liijiui) OF mii:l.
1 1
spreatl-ca^luisni of the avcr;i!j;e Foiii tli-of- July orator, that \vc
ha\ c ahnost conic to think that there is no lil>eitv oiit<iitle of
the United States. Tliis is a j^neat mistake. Tiie Hbeity we
now enjoy is very httlc of it distinctively American. It may,
rather, be called Anjjflo-Saxon, the common property of I^ng-
any of the stereotyped
lishrnen an(
)f
1 A
mencans.
es.
m
axioms of our law, and some of t)ur constitutional enactments
are almost literal translations of Mai^i/a CItarta.
In Manitoba suffraj^e is w ell-ni<4h uni\ ersal. The assertion
is ventured, that a j^erson movinf^j across the line from Min-
nesota to Manitoba, woukl not experience a j)erce[)tiblc
abridj^ement of his political ri<,nits, after he had resided there
tlie requisite period; and had taken the oath of allegiance.
It may be said, that the whole British F^^mpire is taxed to
kee{) uj) a faniilv of do-nothings, who, sa\e for their em])ty
rank, would not attract the attention of their next-door neigh-
bours. The first part of this proposition is hardly true; the
second mav be correct; and vet will not the louir Hue of Eitj:-
laud's monarchs, from William 1, to Victoria, compare fa-
vourably with owx list of picsidentsr Is not the percentage of
greatness as large in the one, as in the other? Then, too,
does royalty cost more than our quadrennial presidential elec-
tions? It: is not meant to. convey the idea, that the writer of
this volume is a monarchist. But he bases iiis belief of rc-
pul)licanism on other grounds than those mentioned.
The city* of Winnipeg, the capitjd of Manitoba, is located
upon the Red River of the North. This river takes its rise
in the United States, and empties into Lake Winnipeg. The
city is situated at the junction of the Assinniboine with Red
River. Its site is upon a perfectly level plain, l)etvveen 600
and 700 feet above the level of the sea. It is hard to place
the population of a western town, on account of its continued
tendency to outstrip itself. But that of Winnipeg may l)e
placed at the approximate figures of 20,000. The city has a
system of horse-cars j and is lighted with electricity. In com-
Till-: N()iiTH-\v]:sT.
mcrclal importance Winnipcjj^ is ranked as the lifth city of
the Dominion. W'innipej^ lias steamboat connections, by way
of tiic Red liiver of the \ortli and Lake \\'innii)e}^, witii
the nioutii of tlie Saskatchewan, which is na\ i<^able for steam-
l)oats for hun(h'eds of miles of its course. The AssinniWoine
is navii^able by steamboats for about 300 miles West from
\\ iunipejj^; but the Canadian Pacific Railroad has rendered
navigation in this direction in less demand.
To speak further upon the numerous attractions of tliis
lii\elv province would be too great a departure from the pur-
pose of this \olume.
Within the extent of territory last defined, and to the West,
North and North- West of the jorov ince of Manitoba, lie the
four new districts of Athabasca, Alberta, Saskatchewan and
Assinniboia. These districts were erected out of the Xorth-
West Territories, by an order in Council, for sundry purposes,
more particularly postal facilities.
The disti'ict of Assinnil)oia is about 95,000 s([uare miles in
extent, stretching through three degrees of latitude, and neai-
ly ten degrees of longtitude, and is bounded as follows: On
tlie South bv the international boundary line, between the
United vStates and the Dominion of Canada, being the 49th
}):u;illcl of latitude;''on the b^astby meriilian loiji, being the
western boundary line of A'lanitoba; on the North by the 9th
correction line of the Dominicai surx'cy, the southern bound-
ary of Saskatchewan, nearly identical with the x^ik\ parallel;
on the W\*st by the eastern boundary of Alberta, at antl along
the I ir 1-5 tneridian. The name of this territory is of Inilian
origin. All of this district lying east of the 104th parallel is
included, together with a portion of Manitoba, in a vast pla-
teau, comparable in extent to one of the steppes of Russia.
Tliis great table-land has a mean altitude of 1,600 fe";t, and a
width of 250 miles on the international boundary line. Its
area is about 105,000 square miles. The district is traversed,
from East to West, by the Canadian Pacific Railway. Along
I <
w
■i J
1.
li
TJU: liLnoh or Ml El.
I I
the line of the rotid are Lu-Mled the f;iiii<)iis Hell farm, and tlie
settlement of cioifters fiDin the (iorden-Cathcait estate,
know II throiijrhoiit the vvorKl as the Henbecuhi colony. In
this district is situated the town of Ke^ina, capital of the
North-West Terriloi-ies. .V little to the north of Retjina lies
Lon'^ Lake. The north-western [)ortion of the district is
traversed by the south fork of the )^askatche\van Kixei ; the
eastern portion hv the QuWpelle and .Vssinnihoine.
The tlistrict of Saskatchewan extends throuj^h three decrees
of latitude aiid ten of lonj^itude, and contains about i i |,(>oo
scjuare miles. It is houiuled on the Scjuth by Assinniboia and
Manitoba; on the East by Manitoba, Lake Winnipeg- and the
Nelson river; on tlic Norlli bv the i8th correction line of the
dominion land-survev into townships, near the 5=5th parallel;
and on the West by the line of that sur\ev dividinj^ the foth
and 1 ith ranges of townsiiips, west of ihe fourth initial me-
ridian, at and along the i i i 1-5 meridian, the same being the
eastern l)omidary of Alberta. This district is traversed by
the Saskatchewan River, from which its name is ileriveil. It
i~ sjiarsely settled, but is a countrv of immei.se resources. It
contains the settlements of Piince Albert and Battleford- -
the former located ujion the left bank of tlie north fork of
the Saskatchewan about 25 miles from its union with the
south branch; the latter upon the light bank of the same
fork about 150 miles higher up the stream, at the junction with
its tributary, the Battle River. Each of these jilaces is a sta-
tion of the mounted police, so-called. Between these two
stations, a little nearei" to the former than to the latter, is a
bend in the river, called the elbow. L^pon the right l)ank of
the north branch of the Saskatchewan, about 48 miles from
its union with its fellow are the town and fort of Carlton. A
line drawn nearly due South from hence, fourteen miles to
the south fork, would intersect Batoche, a village, the nucleus
o
f a half-bi-eed settlement. About half-way betwixP these
two places, seven miles from either, is Duck Lake. A proper
77//; MUn II- W'llST.
1!»
uii<lcrhtaiulin;,f of what i^ to follow dfinaiuls, that the ^i;o<^ra-
phv of this rc';^i(Mi be minutely jjivcii; hut further details will
he ;^i\eii in the relation of events connected therewith.
The district of Alberta extends from the International
boundary line, throujjjh six de<;iecs of latitude, to the 55th
parallel. It is bounded at the .South by the United States;
on the Ivist by Assinniboia and Saskatchewan; on the North
by the i.Slh correction line, before mentioneil; on the \V''est
by British Columbia. This dt«»rict is a namesake of the late
Prince Consort. As Manitoba is destined to ri\ al, and, per-
haps, exceed Russia as a wheat-producinjjf coimtry, so is
All>erta fated to outstrip Switzerland as a dairy-lan<l. IJotb
forks of the Saskatcbew an take their rise in this district. The
Canadian Pacific Railroad crosses it in the southern portion.
The district of Athabasca lies north of Alberta, wliich forms
its southern lioundary. It is bounded on the I-^ast by tin;
meridian that forms the eastern boundary of All)erta and the
Athabasca and Sla\e rivers; on the \ortli by the 32nd cor-
rection lini', near the 60th parallel; and on the West by Brit-
ish Colimibia, meridian 120, Athabasca si<rnit]es, in the In-
dian toncjue, "swampy." This is no misnomer. The famous
Peace River traverses this district. Like Saskatchewan, this
tlistrict is a country of a thin population, but imniense re-
sources.
In the year 18S5 the North-West I'erritories, which in-
cluded the four districts enumerated, w ere under the <^overn-
ment of a Lieutenant-Governor and Council. This Lieutenant-
s
Governor received his appointment fic^m, and bv autliority
of the Governor-General (of the Dominion) in council. His
commission was issued under the Great vSeal of Canada; and
he held his office during the pleasure of the Governor-Gen-
eral — which meant the pleasure of the administration in
power. He administered his <^overnment under instructions
given him by order in council; or by the .Secretary of .State,
In case of absence, illness, or other inability of the Lieu-
mA
m
1;
////. Ill.nnh or Mil: I.
w
ll t
teiKintCiovcnior. the C»<>vcrtu>i-(iencr;il wits empowered to
appoint .111 lulininistrator ( so-called ) to execute the fiinclioiis
of the ollite.
The Lieiiteiiaiit-( iovui iioi's auxiliary coiuicil eoiisisteil of
several |)ers()ii.s, not exeeedin<j^ the nuniher of six, in the ^^•^t
uisiance, ot wlneli coinicil the stipen(hary \w
I Ih
(h
atristrates, for
the North- West Ti-rritories, liereiuafter mentioned, were niem-
liers, each one hv \irtne of his ollice : a\\*\ eacli member of
such council, whether a stipeiuHary or (otherwise, received his
aiipointment hy s\arrant, under seal, from the (iovcrnor-
(ieneral, with the advice ui the (Queen's I'rivv Council for
Canada. 'IMie (ioveinor, also, a)5!)ointed a clerk for such
council
A
s soon as
the [
ieutcnant-Gn\ ernor was satisfied, that an\'
district or portion of the North-West 'l\Mritories,not e\ceedin<i:
an area oi one tiiousand square miles, contained a population
of not less than one thousand inhabitants of adult aije, exclu-
si\ I- of aliens and unenfranchised Indians, he was required to
erect that portion into an electoral district, desi>^natin^ 1)\
]Hc)clamation its name and boundaries. Such district was
thi
ereafter entitled to elect a memlier o
f th
e council
A person tu be a qualilied elector, to vote for a member of
the council, must be a male resident in <^ood faith, and a
house-holder of atUilt ai^e, within tiie electoral district; and
must have resided in such electoral district for twelve months
consecutively just prior to the issuance of the writ of election.
^\ liens and unenfranchised Indians were excepted from the
ititled
above provisions, by special mention. Any person e
to vote mioht be a member of the council.
When the number of elected members amounted to twen-
ty-one, the council was to cease and determine; and such
members thereafter were to constituie a legislative assembly.
The Lieutenant-Governor and council were authorized
under certain restrictions, to pass ordinances for the gover
n-
m
cut of the North-West -Territories. They were further
'/•///; soiri II w i:sr.
-M
empowered to locate the ca]iital t>f the Ni>rth-\\'e>t Terri-
tf)I•ie^, ami to chanj^e its location, in flieir tlescretion.
The LieuteiiaiU-Ciowi nor received a vcarlv stipeM<l <>f
$7,(KX), which was puid f)ut of the revenue fund of C.'anaila.
The (Jo\ei*nor (of the Dominion) mij^ht from time to
time, hv commission under the (Jrcat Seal, appoint one oi
more lit and proper persons (not e\ceedin«^ three) l)anisters-
at-law, or advocates of live-years' st.mdiu'^, in am of the
pro\inces, to he and act a^ stipendiary ma<^istrates within
tiie Xortii-W'est Territories, who should hold ollke during-
pleasure, and who shoidd leside at sucii place or places a^
mij^ht, fiom time to time, he ordered l)y the (Jo\ernorin
council. A stipendiary ma;j^istrate, as the name imports, is a
ma<,dstrate w
ho receives a sti
pend, or pecumai y compensa-
tion, for his official services. He is so tlesi<^nated, in contra-
distinction of a justice of the peace, wlio receives no pay what-
e\er. In the Xorth-West Territories the salary of a stipendiary
magistrate was lisechhy law, not to exceed the sum of Jfi^^^ooo,
Two of the the
n mcum
hents were the llonourahle Ilu^-h
K ichurdson, who resided and still resides at Rei^'ina, ^Vssinni-
hoia; and llonourahle Cliarles Rouleau, who lived at iJattle-
ford, now domiciled at Calvary. .Alberta. ' Hotli of these
"j^entlemen are law\ers of learniuir and Lfood standiii'r, as
well as (i;entlemen of reco^^ni/ed aV>ility and lefmcd culture.
Each stipendiary ma<ijistrate had the maj^isterial anti other
functions ajjpertainin^- to a justice of the ])eace, or am two
justices of the peace, under any law s and ordinances wdiich
mijjjht, from time to time, he in force in the Xorth-West
Territories; they, also, had power to hear and determine an\'
diari
fc against any person
for
an\' crimina
1 off
ense, allesict
lU
d
to have heen committed in the Xorth-West Territories, or in
any territory eastward of the Rocky iMountains wherein the
boundary between the provinces of liritish Columl)ia and the
Xorth-West "^^Ferritories liad not been otHcialU' ascertained, as
follows:
II
■A
t 'i
v:
bp
1
rill-: iu.ni>i> <tr .t/i/:/.
] \
I. Ill ciises of loiiiniissioii oi iitlrmpt to commit liircfiiv,
i'ml)c'//Ie!iicnt, <>r ()l)t;iiii moiic)- or property l\v false pre-
tenses, oi feloniously receiving stolen property, in any case
where the \ alue does not, in the opinion of the magistrate,
exceed two lumdred dollais.
Ci
ises of aggravated im<
I mal
iiioiis assault.
3. Assaults upon females ( except with intent fo commit
a I ape), and upon males under fourteen years of age.
'I-
I'
scape, or assiiult on magistrates.
sum-
ma
In all the cases al)o\e named the charge was tried in a
ry way, and without the intervention of a juiv. In all
other criminal cases the stipendiary magistrate and a justice
of the peace, vv it h the intervention of a jury of six, might ti\'
any charge, a'^'ainst any jierson or persons, for anv crime.
,\ person i()u\ icled of any offense |)imish;d)le with death
mii;ht appeal to ihc Court of C^ueen's Ui-nch of Manitoha,
\\ hich li.ul jurisdiction to confirm the conviction or order a
newliial. The pi ocedure upon suih appeal was regulated
Iiy thi' ordiiiaiK I' of the Lieutenant-( io\ ernor in council.
The (|uesfion of whether / not the common-law liglit of
a defendant a^ to henig tried onlv u])on tlie presentnu'Ut of a
grand jury, or coroner's infjuesi. in a criminal pio-.ecuii(»n,
existed in llu \orth-\\'csi Territories was formerlv a mooted
cpiestion amongst lawyers, jJut it was, in that historic year,
forever put at rest. The (Queen's Hcnch of Manitoha, in an
opinion full of that specious an.d plausihle reasonmg, w Inch
intoxicates the understanding, an<l seduces the judgnicr.t,
have decided in fa\'our of the negative. The decision in (^ueen
against Comior, decided at ICastei Term, 1S83, though
colon
rahl
e reasoning", is
had 1;
ivv
The naturalization laws are particular\' liheral.
Tlnee
I the oath of allegiance, i^
years of consecutive residence, ant
all that is required. Xo ahjwration is demanded, as with us,
and this last is a useless retlnement of harharisin.
In hecomins: a I^ritish citi/en, the tlenizen has one thiiiir to
////; \n/rr//-\\/:s'r. j;i
console him : lie Ikis sujiii alliL,'i;mcc to iin ciDpirr that is
historicjil in defense of hci citizens in fori'i<;ii lanils. If she
has inurdcri'il sepoys, ami oppressed /nln-., let her pli'ad
j^nilty lieft)re the (iieat Tiihunal i»f iiiankiiul, or stand her
trial. Hill, if she has maltreated hei own suhjeets, she has
not allovNed others to do so. In this tespect sju- is the peiress
of any nation since the days of ancient Rome.
The law in rej^ard to the property ri«^hls of married wom-
en is, perhaps, mori' liheral than that of any state in the
American I'nion. An analysis of its provisions, lu>we\er,
would he forei<j;n t<t tiu' purpose of this xolume.
The system of land surveys and entries is similar to tliat in
force ill the western states. The piil)lii' iaiid'^ are open to
entry under homestead, pre-i-mptioii and timi.er-culture laws.
'V\\v land is survcNctl into sections and lowiiships. So t'\.ict
has been the survcN', that the snr\ey<»is ha\e <^one omt the
work twici' with ch lins of different lenLjths; aii<l the iiti'^tli
of north and south lownsliip houndaries has lui-ii made lo
confoim to the circumfriiMt\ of the eartii.
The inhahitants of this region are made-up troin three L^eii-
eral classes— whites, Indians and half-hreeih. 1 think it wa-«
Doctor Strauss who i-ompared the American Nation, with its
ceaseless tide of immij^rants, to a seething smellin^-poi, into
which are constantly thrown new and crude materials wliiih
keep up the lKtero<^eneousness of the intiie mass. The
-imiii' would not lie out of phice here.
The whites of Ihe \ortl',-\\ e'«l are made-n|)of I'-U'^lishmeii,
Scotclmien. Irishmen, WeKhmeii. Orcadian-, I'rcnehmen,
Icelanders, Canucks; and, indeed, (with scaieely a In per-
bole) of ever\' kindred aiul tongue under llea\en. Their
number is unceilain. An author who attempts to Ljive the
poi)ulation of a western territory is in danji^er of l)ein<j^
laujjjhed-at ; and heino- informed, in tiie \ernacularof the day,
that he is "behind the times."
The Indians of Manitoba and the North-West Territories
ri j
III
r !
ili
m
rill': BLOOD OF MIF.L.
number about 34,000. Most, if not all of these, belonj^ to
the AlgoiKjuiii family. They are (li\ itied into about twenty
different tribes and parts of tribes. A detailed account of
these would be too nucb of a di<^ression. The IJlackfeet, or
IJlood Indians, an 1 the Crees are, perhaps, the most impor-
tant. .
The Blackfeet are the most westcrlv tril)e of the Algfon-
quill family. They have a dialect which differs almost radi-
cally from that of the other tril)es of the same family. Thoir
original home was the valley of the Saskatchewan. Intes-
tine feuds caused a separation betw(;en the Satiska, or I>lack-
feet proper, anil the Kenna or Blood Indians. The former
retired to the valley of the Alissouri. Here thev were
dubbed " Blackfeet," by their new-found enemies, tlie C'low
Indians. They are, by a second secession, now divided into
three bands. These Indians are great horse-thieves. Thev
are, or at least were, originally, Nvorshipers of the sun; and,
like the Parsees of Persia and India, who worship the same
deity, they ne\er bury their dead. Their number within the
British lines is estimated at 6,000; but thi^ is a little uncer-
tain.
Of the Crees and other tribes, more will be said hereafter.
The term half-breed, as used in the North- West, is applied
generally to all inhabitants of a mixed origin, and ])articularly
to those of a mixetl Indian and Caucasian descent. At the date
of the formation of the territories they contained the represent-
atives of fourteen civilized nations, and twenty-two Indian
tribes. Marriages (mostly of a morganatic nature j uere con-
tracted between the civilized men and the savaije women.
The amalgamation of the antediluvian days was repeated.
The son^ of Gocl seeing the daughters of men, that they were
fair, took to themse''.es wives of all which they desired. The
Scripture says, that there were giaiUs in those days. So, too,
the half-breeds are a race of large, well-formed and power-
ful men. Most of them are dark-skinned, though some of
^
Till': y( > R Til- 1 1 7;.s' r. 25
them arc fair. Tlicy arc instinctively travellers. If there is
atiythin<.( in the science- of phrenoloj:^y, the half-hreeds of the
Xorth-West must, as a rule, have a morhid development of
the organ of Locality. Thcv possess many of the Indian
characteristics, both as regards instincts and vices. One of
the former is the ability of steering across the trackless waste
of prairie and forest, and striking an objective point, without
any knowledge, sa\'e a gener.'vl one, as to the lay of the coun-
tvy. They are, almost exclusively, without education. They
nearly all sigri their mark. Like the Indian, they enjoy a
Sfood time, and are bent
h
upon navmg one wnenever ine op-
th
portunity offers. Most of the half-breeds are descendetl from
either Scotch or French f;'.ther'
The I-'rench half-breeds
are, like their paternal ancesli\-, polite and hospitable.
Harriet Heecher Stowe calls the Anglo-Saxons the Uouians
of the nineteenth century; and adds that, like the Romans, we
ices: and she mentions, as ex-
over-ride and
opi
)ress wea
ker r;
ample, the Negro, the Hindoo, and the Xorth American Indian.
She failed to mention the Irishman. Perhaps* before this
book is closed the reader mav c>)nclude that there are others
which might have been added to the list.
For a long ne, perhaps ever since the separation of the
North American colonies from (ireat Britain, there ha\e
existed two parties in the L'nited States. This is not in-
tended to apply to politics alone. In literature, eticpiette,
social life, phiiosojih\', and even theology, there ha\e been
the two extremes; On the die hand have been the people
affected with Anglo-mania; on the other, those suffering from
Anglo-phobia. Of course, all are not affected e([ually willi
the one or the other of these diseases. Th
ere are (lc<ri"ecs
in this, as in nearly e\erything else. The first extreme is rep-
resented by Dorman H. Eaton; the second is (or, rather, was
before reason was dethroned) represented b}- (Jcorge Francis
Train. The first tries to reproduce England ia giant minia-
ture, if that is not a contradiction of terms; the second burns
^^f^
1 '• <
■^ ;:j||
n
n
i';i
,1 I
n
11
i «
-K
i
l|
L'G
Tifi-: HLoon or Aiii:L.
ii
I t
I
everythinjy "from Eivjfland but her coal." The one is a
mimetic ape; the other a ravinj^ mad-man. There is, between
I he two, a golden mean. '
It is this mean we shall emleavour to strike in speaking of
I'^nglaiKPs colonial possessions. In the extent of these Eng-
land resembles Rome more than in any other respect. The
slndy of the two systems, and a j)arallelism drawn between
th*.' two, might furnish work foi* a life-time, and a comparison
between them is a striking illustration of the siiperiorit\ of
Christian over ])agan ci\ili/,ati()n.
It is haril to lind,e\en in the ^Vutocrat of All the Russias, a
stronger example of an absolute despot than was the governor
of an ancient Homan pi-o\incc. lie miited in his person the
three [)rlmar\ elements of all government — the legislative,
judicial and executive. Tiie Roman citizen onl\ possessed
the riglit to appeal to Cu'sar, from the decision of the provin-
vrant. The speech of Honourable William 10. (>!ad-
cia
1 t
stone, uj)on the Don I'acitico case, depicts this piixileged
class in its true light, Tlien the ilistinctif)n between subject
aiul citizen was even more marked tnan now
To 1
•»e a mere
subject of Rt)me meant few of the rights of moilern citizen-
ship, except tlie onerous one of paying taxes, from which the
citizen was exemj)t. The relative judicial rights of the ])r<'-
\ incial subject and citizen can iiol be better illustri^ted th:'n in
the trials of Christ anil Taul. The foi'mei was aj^i)rehended,
twice luiiried irom one junsiliction to another; summarily
tried, put to the tort ure, comlemned and executed all in the
short space of twelve hours. On the other hand, Paui, the
fortunate native of a free city, sa\ed his back from the tor-
turer's lash bv the talismanic sentence: " I apjjeal imto Casar."
Rome acquired her provinces through the double avenue of
concpiest and becpiest, or device by will. Thus Carthage,
Sicilv and (xaul were conquered; while liythinia, Cyrene and
Egypt were becjueathed. After the accpiisition of any prov-
ince the first thing which Rome sought was the destruction
1-
■ Tiif: X()irrn-\vi:sT. -ii
of anythinj.if like political unity. She weeded otit, with a jeal-
ous haivl, every hnpcriiitu in impcrio. The .Vchaian League
was aViolished. Such a thing as a provincial senate was un-
known. The few exceptions which existed under thecnipire
may be characterized as mere umbrae parliamciitoniDi^^ — to
paraphrase the expression of Tacitus in regard t(j one of
Rome's client princes. Rome treated a conquered province
exactly as the late Charles Sumner desired to treat the south-
ern states of the American Union afj.er the vSla\ e-holders'
Rebellion— like so many acres of huid, and so many millions
of people. In the case of Macedonia, disregarding ancient
land-marks, i^ome tlivided the pro\ince into four arbitrary
and isolated fractions, forbidding the inhabitants of different
provinces to intermarr\', or even to hold landed j)ropert\ in
more than one; of the four pr<)\inccs. It was tiie usual cus-
tom to give a province to a bankrupt i)olitical hack, in order
that he might retrieve iiis lost fortunes with rapine and pillage.
Such extravagances as characterized Hastings and 10\re, and
excited the just condemnation of the civilized world, wcie the
(lav's doings with Roman proconsuls.
In the provincial go\ ernment of (ireat Britain there is much,
perhaps, to criticise, but censure will be reserved f< tlie nonce.
It is true, that in the frontier provinces of lltr nritannic
Majesty the three functions of government arc not well-de-
lined. Tiien, too, in the \orth-\Ve^t Territoi ies, I)v legis-
lative enactment - oi". rather, b\- judical interpretation there-
of,— the common-law right (if atrial by twcKe jurymen- is
denied. The right of the defendant in a criminal case, to be
tried only upon the presentment of a grand jur\', has also
been denied to persons charged with the commissi(3n of of-
fenses, in these territories by the same interpretation. As
has been stated Ijefore, the right of a trial by jury has been
absolutely dispcnsed-with, in certain cases, some of them
■"'Shadows of r.irliaments. L'lnhra ra^ns, shadow of a king, is the vigorous
expression which 'I'acitus puts in the mouth of Casennius IVi tns.--[.'/;;;/., .rr., 6.
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offtMises of a <jjrave character; and in such cases the stipendiarv
magistrate is empowered to try the alleged offender in a >-uni-
niary maimer. At first blush, this seems almost like Oriental
procedure; hut we should learn not to jutlii^e of thinj^s too
hastily. The expression: Tryino^ a man for murder before
a justice of the peace ami six jurymen, does sound ridiculous,
indeed; and the idea of a justice of the peace (for the term
"stipendiary ma<i^istrate " is unknown to us) tryini^ a po(<i-
devil summarih' for horse-stealincj:, embe/.zlemeu; or felonious
assault- is shocking- to us who have been trainetl frdin child-
hood to revere the jury system, and speak of it as the " pal-
ladium of liberty," " the birth-riji^ht of fieemen," and-so-forth.
Vet, as Judjic Taylor, of the Queen's IJeiich of Manitoba,
wiselv said :
" ( !f this argument ai^ainst any change being made in rights and jirivileges
secured by old charters and statutes, a great deal too much may l)e made."*
It should l)e remembered, that the stipendiary magistrate of
the North-West Territories is not the justice of the peace with
whom we are familiar — that is, the man who keeps a dog-
eared cojiy of the Revised Staft/tes^ and holds court in the
back j)art of his harness sho]). The stipendiary magistrate
must be a barrister-at-Iaw. or an ad\ocate of tlve-vears'
standing.
But the jiirv reiluced to six is sureh- a terribly dangerous
inno\ation. Is il not? IMiere is, in the minds of the best of
men, a hn'king, occult superstition as regartls certain figures,
'i'hree, sexen and tvvehe, and their multiples are mysterious
inunbers. The labourer in the hay-field is stung by a bumble-
bee; and he catches up three separate weeds or grasses, and
mbs them upon the injtired part. It is practically almost im-
possible to select three herbs without linding one containing
alkali. The alkali neutralizes the acid from the bee. Had a
chemist selected one of the three, the one which containeti
the alkali,\the result \\(ndd have been ditto. To the unlet-
"^M^ueen against Kiel, Manitoba Law Reports, \"ol. II., No. li, page 331.
rm: soiri n-]vi:sT.
:.'!»
tercd rustic, however, the mystic mimber is the all-powerful,
indispensiMe reciuisite. So (<f the number twelve; '1x10 were
twelve tribes of I>rail, twelve apostles, twehe tables, .'ind
there are twelve months in the }ear, and twelve siorus of the
Zodiac. As the orij^in of the jury system is lost in the ob-
scurity of the Middli' Aj^^es, it is impossible to j^ive atiy rea-
son why the particular number twelve was ll\ed upon, aside
from the fact of ma<>^ic in the fif:;ures. If a lar<j^e number of
men are more certain to arrive at a correct conclusion than. a
small number, why not make it one hundred, instead of twelv-?
One thinj^ is certain: hnch law is ahnost, or ([uite, imknown
in the North-West Territories. This is not our experience
in the States. A friend* once remarked, in sul>stance. thai a
crowd of rejj^uiators would seize uj)on a poor wretch, torture
him into accusino^ himself of a crime, and ban*; him upon tliis
confession, when if a rescue had been accomplished, and a
jury selected from the same crowd, they wouUl have listened
to the vapourin<^s of some pettifo^i^tjer; and closed the farce by
accjuittino- the defendant. Talk with any member of a l)and
of regulators, and he will plead, in justillcation, the law \
delay. IJetter summary justice to the guilty, than a farcical
ac(piittal, or,
"That worst of tyrants, an usurping crowd."
Any western lawyer with experience in criminal [)ractice
knows, that in exer-cising peremptory challenges on behalf of
his client, in a criminal case, he does not pay more attention
to nationality than to some other things, which the free- ma-
sonry of the profession forbids mentioning. Thus is the
ancient glory of being tried by one's peers de^^arted. The
author is not advocating the abolition of the jury system. Far
from it! But, as Judge Taylor has said: A great deal tuo
much may be said of rights in-anted by old statutes and
charters.
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* Miltoa McLaughlin, of West Point, Nel^r.
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77//-; lu.(KH) or Aiir.L.
Home (Icnicd lier (kpcndencics jitoxiiicial sciiiitcs. IJiit
Euf^hitid ^i ants io Canada a parliament with plenary powers
of lej^islalion. Rome extorted, In taxation, from her j)ro\ -
inces the entire exjiense of licr home government. En<jland's
principal colonies rej^nlate their own revenue; and Enj^-
land supports her home {government. Rome lahoured to
destroy political unity in her provinces; Great Britain makes
a federal republic in all hut name for her North American
de])endencies. Rome had a privilc^H-d class who could apj:)eal
unto Ca'sar; that class were the Quirites. England's colonies
contain a like privilej^ed class; hut in the latter case it is not
the An<^lican Quirites, so to speak; hut it is, rather, men
charj^fetl with capital crimes. The exceptional outrag'es of
which England and Englishmen have been guilty, were, in
Roman provinces, not the exception hut the lule. ,
Formerly all that portion of British North America bounded
by the I'nited States ami Canada West (Ontario) on the
South; bv Canada East (Quebec) and Labrador on the Jilast;
by Hudson Strait and the Arctic Ocean on the North; and by
Russian yVmerica and the Pacific Ocean on the West, was
under the dominion of the Hudson Bay Company, a corpora-
tion existing by virtue of a royal charter from Charles H. of
England, in the year 1670,10 Prince Rupert, the hare-brained
madcaji who lost the battle of Marstou Moor, as first presi-
dent of the Hudson Bay Company, and fourteen others and
their successors. Under the title of " the governor and com-
pany of ad\'enturers of England trnding into Hudson Bay,"
there were granted to them, by such charter, the sole trade
and commerce of all those seas, straits, bays, rivers, lakes,
creeks and sounds, in whatsoever latitude they shall be, that
lie within the entrance 6f the straits commonly called Hud-
son's straits, together with all the lands and territories upon
the countries, coasts and confines of the sea, bays, lakes,
rivers, creeks and sounds, aforesaid, not previously granted.
This country was denominated Rupert's Land ; and was so
Tin: xoirrif-WHsT.
31
!!tl
ilcsi<,'iKitcHl on tlic maps foi- two hiiiKlred \cmi>., its all of us
wlio studied geo<^rajih\ previous to the year of L,n-aee 1S70,
know full well. The company was, by the charter, invested
with the ownership of the soil, ant! with <;overnmental pow-
ers within the region designated.
Construed in the li^ht of its terms, and with respect to
previous jj^ranl>, there were gra\'e doubts as to the ri«;ht of
the company to all the territorv named; but ihcN' claimeii
such right; and, as they grew rich and pcnverful, they as-
serted their claim successfully.
\Vestward of the territory originally named Rupert's Lantl
was that jiortion of Ihitish North America embraced with-
in tjie Arctic and Pacitic slopes. This was called the Indian,
.ind afterwards the North-West, Territory. In the year
1821 the North-West Company was merged in llie Hudson
Hay Company; and the government grantetl tlie latter a
monopoly in this territory for twenty-one _\ cars. A new-
license was granted, for the same period, in 1S3S. This
latter expired in 1859. ^^^^^ ^^^^ company, paying no at-
tention to that fact, continued to exercise the franchise,
though possessing no special privilege in the premises.
.Such war, the condition of things up to the series of events
hereinafter related. The history of the Dominion can
never be written without a large space is given to Thomas
Douglas, fifth earl of Selkirk, whom Professor Bryce raid<s
with Baltimore and Pemi as one of the great triumvirate
of American colonists. This truly great man was born at
the family seat, Saint Mary's Isle, a peninsula (formerly
an island) at the mouth of the estuary of the Dee, which
river empties into Solway Firth, in June, 1771. It was this,
family seat which was pillaged by John Paul Jones and his
reckless followers during the American Revolution. Selkirk
died in France, at the age of forty-nine years.
To give anything like a history of Lord Selkirk's settle-
ment would require more space than can be devoted to so in-
\)A
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77//-; liLixH) OF Mil: r.
tercsting tin cspisodc. The task has, already, been ahly pci-
fonned by Professor Hryce, in his valuable work : Manitoba :
Its Infancy^ Groivth^and t^ resent Condition. Vov (lie pres
ent purpose, let it suHlce to sav, that, in the year i8i i, Lord
Selkirk, at his own e\'i)ense, lilted out a eolony of IIi;^Hi-
landers from Sutherlandshire, with a slijj^ht reinforcement of
Sli^o Irish, who were landed at York Factory, on the coast
of Hiulson Hay, at the mouth of Nelson River; and,
durinLj the sprinjj^ followin<4', were settled in the \allev of
the \{cd River (if the North. Here the name of theii' •gra-
cious jjatron has been preserved in the nomenclature of the
retjion.
The narrative of this little colony's life is one of the sad-
dest chapters in the history of the world. In 1816 the mas-
sacre of Keldonan— -most foul, tit to l)e named with Glencoe
and I'ort Pillow, differing;' only in degree from the liloody
crime of vSaint IJartholomcw — was perpetrated, the ^■ictims
beinj^ mostinnocejit. From the relation of this tale, so revolt-
in*^ to every lo\er of liis kind, the author be<^s to be ex-
cused.
About ten \ears thereafter came, successively, the triple
plajj^ues oi the Rocky Ivlountain locust; the mice (scarcely
less destructive), and the terrible deluire of 1S27. During
the winter of 1826 and 1827 the inhabitants of this region
suffered beyond measure.
One of the most affecting incidents to which the author's
attention has ever been called is related by the historians of
that time. A woman was found dead with an infant on her
back within a cpiarter of a mile of Pembina. "The poor
creature must have travelled at least 125 miles in three days
and three niyfhts." As we think of this heroic mother goad?d
with the hope of succor, toiling through cold and darkness,
now sinking in despair, now roused by the pleading of her
little one to a renewal of the unecjual struggle for life, anon
uttering words of cheer and promises of help to her darling
77//; .\(>inii-\vi:sT.
88
iKll.
as she
pu
rsucs her course with the ener<rv liorii of des-
pair, and, at hist, siiik'n^^ down, to die in si<^ht of the haven
she sonjijht, what hu^l-and and father of us can think of it
with dry eyesr
Leaving history here, let us pass to biography.
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PART THE SECOND.
The Blood of Abel,
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Civis Anglicanus Erat,
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LOUIS KIEL
'fy
THE BLOOD OF. ABEL,
Part the Second,
REBEL RIEL.
" In men whom men condemn as ill
I tind so much of goodness still,
In men whom men pronounce divine
I find so much of sin and hlot,
I hesitate to draw a line
Metween the two, where ( iod has not."
— [Jo'i'^i'iii Miller.
Y, oris RIEL* wa^ l)()in OctobcM- 12, \^\\,\ at Saint
^^^ Hoiiifacc, Ruperrs Land, on tlie western bank of a small
creek which nnis into the Red River fiom the East, a little
North the site of the present city of Winuipejjf, Tb.is stream
is called after that liistoric river the Seine. The stibject of
this sketch was the s-on of Louis Riel, senior, and Julie ile
Latjimaudiere.t The house in which the child was horn was a
small, one-story, straw-thatched, log structure, containinjj; but
a single room. A suvv-inill now stands about three rods North
the historic spot. Lotiis was the eldest of ele\ en children,
five of whom, with the mother, stnvive him.
Louis Riel belonged to the '• Metis" or half-breed lace. He
waswhat thcv call in northern Xew ICngland a French-Indian.
* Pronounced as though sjielled Reyell, with the acceui on tht ia.-.t syllable,
f The Annual Cyclopedia for 1SS5, obituary " Kiel," states thn* Louis Kiel was
born lN47. This shows of what slufV cyclopedias are made.
X Variously spelled.
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71//: n /.(><>/> <}/' AjiKL.
Kiel once told agciilleman in New York, that he had traced
his ancestors from Sweden, successively, to Germany, France,
Ireland, and, finally, to Canatla. The nil me, he said, was
originally spelled Riegal. He was the authority for the
statement that the Scandinavian form of the name was the
patronymic Rielson.*
Louis Riel, junior, was the fifth in descent from John iJap-
tist Reckhill, (for so the name was Hiherni/cdf j, a native of
I.imerick, Ireland, who migrated to Canada in the last decade
of the se\enteenth century ; and settled in what is now the
province of Quebec. Tn the year 1705 this John Baptist
Reckhill, or Riel, at lie I )ui)as, diocese of Montreal, married
Louise Cotia, aged twenty years, daughter of Francis Cotta
and Joan X'^ ndon. Six sons were the fruit of this union, and
they all bore the surname of L'lrelande. The eldest received
his father's name Frenchified, and was known as Jean Jiaptiste
Riel I)e L'Irelande. lie was baptized ;)t lie Dujjas in lyoy
One hundred and Cwo. years thereafter his grandson, bearing
the siime name, minus the De L'Irelande, left tlu parish of
Ik-rtheir for the North-West. Here b ■ married a half-breed
woman; and, iri the year 18 17, they had a son born and bap-
tized at CrossiniT Ishmd. in the south branch of the Saskatche-
wan, within the limits of the present district bearing that name,
and near the seat of the l.wte Half-breed War. This child
was nametl Louis, and was the father of the Riel of history.
Louis Riel, the elder, was a man of ability and enterprise.
He built tlfe first grist-mill, driven by water, in the North-
West. I'he history of this achievement is re^iarkable. The
streams of ^Manitoba were all either too large or too small for
the purpose. The Red and Assinniboine came under the
first head. All the tiny creeks tributary to these were to be
classed imder the second. What was to be done? Farquhar
called Necessity the mother of Invention; and iiis words have
* Kiel's speech obj'.cting to the sentence. See the Bhie IJook.
j A woid coined hy the autlior.
lU'lUEL RfFJ..
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crystallized into a proverb. The Seine emptied into the
Red River at Saint lioniface, and runnini^ parallel with it, or
nearly so, was another tributary of the Red called <irais.se
Creek. The indefatigable half-breed conceived the idea of
connectin<^ these two little streams— -absorbing; the (iraisse in
the Seine, and, thereby, auj^nienting its force to a niill-driviui^^
capacitv. In order to accomplish this it was necessary to cnt
a channel nine miles lon.i?- Considering the knowledge t)f
engineering re([uired; the limited means at command, and the
uncivilised state of the comitrv, this achievement was won-
tlerful. C\ rus diverted th.> waters of the great river Eu-
phrates int'' an artificial lake 1:)V a similar devise. He did it for
the purpose of sacking a city, and slaving its inhabitants. The
simple half-breed sought to give bread to the eater. Tlie name
of the general is immorta! ; that of the miller is forgotten.
But so it will ever be as long as mankind honour the destroyer
of a kingdom above the benefactor of a commvuiity, and the
incendiary more than the architect. As a ju'.'st Xapolon de-
serves to rank with Justinian ; but the Coi/c Xapoleon '-tands
in thg shadow beside Marengo, Jena and Austerlit/.
So even in the case of so humble man as the elder Riel.
It was as an agitator and partisan leade?" that he was chieily
famous. The reader (^f the lirst part of this volume will
recollect the absorj)tioii of tiie Xorth-West Company by the
Iluclson Hay Company. The Hrst of tbese was organized in
Alontreal, and was essentialU a French institution.
The
French half-breeds were linked to it bv ties of race and lan-
guage. On the other Hand, after the union, the dcMninant
company, which had Scotch ollicers ami was totally .Scotch,
was ilislikcd by the French- Indians. They chafed untler its
rule. It was an unkind, domineering step-father. The extent
of its jurisdiction was doubtful, but its assunijjtions were great.
It was the child of favouritism. The very charter to which
it traced its existence, was the gift of an ignorant anil proHi-
gate king, to a cousin who must be provided-for. The forced
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Tin: HUM) I) OF Ani:L.
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construction put by the conijianv upon its charter in\olve'l
the ri*(ht to hnids in which the iMerry Monarch had about
the same title as liad the Devil in kingdoms offered to Jesus
Christ. The Hudson Hay Company was a (^iant monopoly.
It inonopoli/ed everything, even the commerce of the coun-
try. The half-breeds were free-traders. The American
frontier was too near, and the opportunity for gain too great
to allow of an\' restrictions. In iS-}..] the company issued an
order threatening to refuse transportation, in its boats, of the
goods of any person trading on his own accoimt. On the
2oth day of December, 1844, when the infant Louis lacked
two days of being two months old, the company assumed the
surveillance of the mails, and the right of searching the house
of any person suspected of trading on his own accoimt. The
French half-breeds refused to submit. The Imperial (ro\-
ernment was invoked; and, in 1846 four hunilred sokliers
were sent to Fort (jarry, the company's post nt the conilu-
ence of the ^Vssinniboine and Retl Rivers, to preserve the
peace.
The vear 1S48 was the jul)ilee of political agitators. Pliilo-
.*• . . . . ' .
sophical ie\ (^lulionists, like Mazzini; jiatriotic r.^bels. like
Kossutli; political iconoclasts, like Bakounine sprang up, of
one accord, all over Euroj^e, like the armed men, after the
sowing of the teeth in the classic tale. The I'ope fled, a fugi-
tive, to Gaeta. Louis Philippe's throne crumbled and fell.
The truth of vShakspere's words :
" Uneasy iies the iiead tliat wears a crown,"'
came home to the heart of every monarch of Europe. Vic-
toria was no exception. In this year, of terrible experiences,
all but sixt\ of the troops at Fort Garry were recalled.
In the year i84() William vS;iycr, a French half-breed, was
arrested, and iodgetl in jail, for trading on his own account.
Three others were arrested shortlv afterwards, but were re-
learned on bail. The elder Riel summoned his race to form a
\ igilance committee, for their protection against the company.
REHEI. HIKL
41
This vviis (lone. Sayer was to he hrouj^ht to trial on Ma\'
the seventeeth, Ascension Day. On tliatday the half-hiceds
attended mass, at the cathedral in Saint lie, riiface; antl then
fifty (jf them crossed the river to l'\)rt (iarr\-
Til
ey weie
ori^anized; and ready for fij^ht, if necessary. Major Cald-
well, actinfj ji^overnor of the company, was otllciatin*^ maj.'is-
trate, assisted hv
one
Thon
an
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n«jjlishman, imported !)}•
Lord Durhaivi, for the purpose of hein^ employed hy tlie
company. Before such a tribunal the defendant had small
show. Major Caldwell <>raciously informed the half-breeds,
that a committee of them would be allowed to assist Sayer in
his ilefence. In response to this invitatiow Kii 1 entei"e<l the
court-room, with twenty of his followers, armed to the teeth,
and prepared to render the most substantial assistance. The
main IkxIn' remained outsiile. The prosecution closed their
case, when Kiel sprang to iils feet; and declared Sayer ac-
cjuitted. A loud yell from the hidf-breeds, within and with-
out, jjjreeted this announcement. lu vain the mai;i>trales
protested, and asserted their authoritv. They could not co[)e
with the rebels. Riel compelleil the conii)auy to restore to
Sayer the j^^oods taken from him; to i om])ensate him for his
loss, and trovd)le; and to j)roclaim free-trade thioucrjiout the
colony, and Louis Riel, senior, and his swarthy baiul, had to
thank the political fire-eaters of Europe, who made it neces-
sary to recall the troops, in 1S48. From the houi of his tri-
umph to the day of his death the elder Riel was the champion
of his lace. Financially his life was a comparative failure.
lie died in 1S64; and his body rests in the Catholic cemetery
in Saint Boniface. No bard has sung the praises of this re-
mar
:abl
e man.
But,
(lurmof
the 1
ong winter evenings, nianv
an aged half-breed makes the night less long with the story
of his exploits in defence of his desjiised clan. Xear his last
restmg-place the passmg traxeller mi
Ih
dit
ause and littiuirU
repeat those lieautiful lines from Ci ray's l-^leg\', too often
tjuoted to need repetition here.
V
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42
TlfE BLOOD OF Mi EL.
W
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It is not intended to write anvlhin^ which may V)e called a
life of the younger Kiel, a sketch is all that will be attenipteil.
The author believes, tliat, before the reader closes this book^
its object will siitHciently appear; and a simple sketch is all
that is necessary.
Louis Kiel remaineil at Saint Boniface, from tlie date of
his birth until the year i-Ss*^; and it was here he recei\ed the
rudiments of his education.
In narratinjjj the life of a lilstoric personaj^c, cute anecdotes
are always in order; and woe be to the sacrilegious iconoclast
who dares tt> declare them apocryphal. (Jeorjj^e Washinj^-
ton's cherry tree, and Robespierre's wet stockin<(s will always
be associated, the one with the name of the l)est, the other
with that of the worst of men. Tell, man or myth, shot the
apple from the head of his child. It is a pretty story; and,
as with the nursery-tale of Santa Claus, we look back with
regret to the first time we heard, that it was imtrue. We
have no lo\e for the person who told us this piece of Inul
news; and associate him with the man who first announced to
lis the death of a dear friend.
The life of Louis Riel, if it is ever written, w ill not be
wantinii^ in these little anecdotes.
It is related of him, that, at school, he was aggravated by
another boy who wanted to fight him, when he said : ^^ Vou
want to figltt. do you? Well, I will go and ask my father,,
and if he tells me to fight, I will meet you." It wouUl be
well, if every boy would adopt the same rule, providing al-
ways, that each one had as good a father as had Louis Riel.
The eUler Riel was far above his position in life. He de-
sired to give his eldest son a liberal education. Hut his means
would not allow it. Dame Fortime, however, raised up a
friend, in the person of the Right Reverend I^ishop Alexan-
der Tache, the present archbishop of St. l^oniface. This
eminent prelate, and distinguished scholar f(nmd a patron for
the boy, Madame Masson of Tcrebone, at whose expense he
UEHEL lilEL.
43
^ L J;s
was, in the year 185S, sent to the Jesuits' college, at Montreal,
where he remained seven years — initil the sprinjic of 1865.
Here he conipUted liis chissical course. It is to he presumed
that his school life was that of most students.
One affectinjif incident is related of him. lie had a class-
mate for whom he contracted a lastin<( affection. The attach-
ment was mutual. It was like the frieiulship of Damon and
Pythias; even as the love of David and Jonathan, amiahle
ahove the love of woman. Ilis friend was stricken down of
small-pox. The attack was sudden; and the form malignant.
Louis refused to leave him; and could not he (lri\en or torn
from his side. He remained faithful to ihe last, Ik-fore
death the poor youth awoke from his delirium; and hade his
faithful watcher a last farewell.
VVMiatever may he said of some incidents to he hereinafter
related, one loves to turn from their contemplation to this
affecting incident in the school-hoy life of Louis Kiel.
After finishing his college course, Riel remained one year
in Montreal, when he went to Saint Paul, Minnesota, where
he was, for a time, engaged as a clerk in a store. Archhishop
Tache, in a letter to the author, thus hrieHy epitomizes the tale
of his life for the next three years:
" Me tried in the West all sorts of business, and failed to secure any success.
In 1868 he came t)ack to his native land, and remaineil with his family until
the trouble of I S69."
Here we may he said to have passed the preliminary part
of this little volume; and to have reached that portion of our
work which hears less remotely upon the object of this hook.
Now, reader, let us have a perfect understanding, at the
threshold. No justification of Louis Riel will be attempted.
If his conduct is to be condemned, the author will leave that
condemnation to the reader. For the purposes of this vol-
ume, it will be necessary to give a brief sivetch of his public
career which began in 186,9. In giving such a sketch mci-
tlental comment can hardly be avoided. But the author begs
t
44
Tin: liLooD OF mu:l.
n
1*1
the reader to consider ;my oiiinions imvvittii)<j^ly l)ctriiyfd hy
such comments ;i.s vvhal the hivvyers rail obiter dicta ^ not
hindin<^ upon llie judjifment or conscience of anyone, saNe the
author. *-
In the year 1S67 the parHament of Great Britain passed
what is known as tlie British North-American Act. This
statute received the royal assent on the first day of July. By
this act authoiity was <riven to create the province of Mani-
toha. It was shortly after this, that Fate, that stern arhiter
of men and nations, forced a transfer of ]<.upert's Land, by
the Hudson Bay Comj^any, throu<i;^h the Imperial govern-
ment, to the Dominion of Canada. To borrow a fiji^ure from
Macaulay, the Hudson (>ay Company had been to the North-
West Territories what leadin<j^-strin«;s are to a child. But,
at thi» era, the child had out-ofrown the anxiliarv. Like a
selfish parent, who can not realize the growth of its offsprin*^,
tlic comp inv tried to continue its control past its child's free-
dom day.
It is said that Chinamen have a way of dwarfing a pine
tree till it will grow inside a fiower-pot. It was a similar
process which was tried in the North-West by the Hudson
Bay Company. But, unlike the case of the Chinamen ajid
the pine tiee, it failed. It was Dame Partington vainly bat-
tling with Atlantic Ocean. *
The mania for mendacitv seemed to seize every member
anil emjjloyee of the company like a contagion. Even good
men, like Sir George Simpson, represented the country as
unsuited for agriculture ; tunl fit only for trappers and fur-
traders.
By the surrender of its governmental powers the company
got rid of an ugly cjuestion, involving the extent of its juris-
<liction. The question was pushing itself into the arena and
demandinjjf a solution.
* Since writing the.ibove I have learned for the first time, that Mercer Adam
employ? the same hackneyed lij^ure.
HIUIEI. I! I EL
4ft
By the terms of the transfer the conijiany released all
governmental jurisdiction o\er the territory; and all pio-
prietary interest in the soil, excepting certain reservations
made.
In the latter part of 1869 a formal deed was executed l>y
the Hudson Hay Company, ceding this \'ast territory, over
2,300,000 square miles in extent, in consideration of les> than
$i,5oo,(X)0 of xVmerican mone}'. The. grantors reserved all
stations and trading-posts in actual possession at the time of
the transfer. There is, in this country, a tract termed the
Fertile Belt. This helt contains over three .hundred mill-
ions acres. 'IMie coinjjany withheld the title to onl\ one-
twentieth of these lands, the reservation to be specified when
the lands were surveyed and hlocUed-out for settlement.
The deed alst) provideil that all land titles conferred l)y the
compan\' up to May 8th, 18O9, shcndd be confirmed; and
that the Indian claim, or title, should he liquidated or ex-
tinguished by the purchasers. Considering all this in com-
parison with the magnitude f)f the grantor^ claim, it looks
like a small price. But, viewed as a matter of legal riglit,
or even substantial justice, the affair has a different ;'p})ear-
ance.
In regard to this transfer, the people of the purchased
territory were not consulted. They were naturadv anxious
in resfard to the situation.
At the session of the Dominion Parliament held for 1S69,
in Ottawa, an act was passed providing a provisional govern-
ment for the acquired territoiy.
The Dominion act provitletl, that the colony should be
governed by a Lieutenant-Governor and Council in which
the people of the province haii no choice.
In October of that year. Honourable William Jvlacdougall
was appointed the first Lieutenant-Governor.
Previous to this, Colonel Dennis had been sent out by the
Dominion Government to superintend the survey of the lands
'
4(i
/•///•; lii.oon o/' . I /;/;/..
11
in Assiniiiboia.* Now the half-hrccdscl.iiinetl a certain intei-
cst in the lands which were at the lime of Colonel Dennis' \ isit,
not transferred. The reasonin<^, in snpport of their claim, vn as
not bad. 'Die Indian rij^ht in the soil, was soinelhin<i^ which
had always been recoj^ni/etl by both Oreat IJritain and the
I. !iited States. Courts mij^ht call that ri^lit by whatever name
they saw tit; but its existence had always been recoj^ni/ed as
a le^al entity which was the subject of purchase. Upon racial
grounds their ri<^ht in the soil was somethinj^j tierived from
their swarlliy mothers. Then, too, the new-fanj^led survey
would. seriously disturb old land-marks. The French half-
breeds in layinj^ out their lamls, had followed the method so
familiar to anyone who has been in the ProNiiue of (Quebec.
Each man's piece had been laid out in a lonj^', tonjjfue-like strip,
with a narrow frontage, whether upon street or river. The
reason for this was two-fold. It was the social nature of tiie
Celt, comliined with the grei^arious or tribal proclivities of
the abori»^iiU's, developing in a desire to he near their neigh-
bors. Furthermore the newness of the country refpiired that
the settlers be as near together as possible for mutual protec-
tion.
lC\eryonc, e\ en Lord Macaulay s school-lioyjf he is ali\e,
has read the stor\ of Louis Kiel placing his foot upon the
surveyor's chain, and ordering him to desist. Authentic or
otherwise, it is one of those dramtitic little incidents, like
Pizarro drawing tlie line in the sand, ov Cato dropping the
figs from the fold of his toga, which if not l)elieved will
always he told,
" To point a moral, or ailorn a lale."
It was not, howe\ er, Louis Riel who caused the u[Mising in
1869. That uprising was S|)ontancous.
The author is not writing history, therefore only a brief
summary of facts will be given. L'pon the aj^proach of Hon-
ourable William Macdougall, appointed Lieutenant-Governor
* A district correspornling nearly with the present Manitoba.
il f
nEiu.i. mill..
47
of .\ssiiinibf)i;i, the Froiicl) half-breeds foiiiied a coininiltee,
with Jolui IJruce as I'resiileiit; and Louis Kiel as Setittai\ .
Rtel was the, real leader, and this position was forced upon
him by \irtue of daddyism. The purpose of the half-bree«ls
was to prevent the entry of the Lieutenant-Ciovernor into the
country, until some <ifuarantee couhl be obtaineil, that the rights
of the settlers would be respected.
It will be borne in miiul, that the charter rj^hts of the
Hudson May Company were franchises, tir parts of the roval
])rero^ative, <i;ranted to the company; that, as such, they had
to be handed back to the crown to enable the latter ti; tians-
fer tiiem to the Dominion. The Canailian j^ovcrnment,
therefore, aj^reed to pay the purchase money; and the Im-
perial <i^overnmcnt became security for the amouiU. The
day fixed for the inial transfer was the tlist of December,
1869. As will be seen, when (jovernor Macduu^idl arrived
at Pembina, in October of that year, he was preceding his
authority by several weeks. The insurjjfcnts, who then nnm-
l^ercd less than John Brown's raiilers, at Harper's Ferry, built
a barrier across the road which led fiom PemlMtia to I'orl
Garry and the then \illa^a- of Winnipeg;. Thedou<i^ht} Gov-
ernor stojiped at the frontier, like a drunken husband met
at the threshold of his domicile, l>v his vixen spouse who
forbids him the house until he comes home sober. He alter-
nately domineered, raved, w hined and bej^jj^ed. He extem-
porized a royal proclamation which excitetl contempt when
the fraud was tliscovered. He appointee}, Colonel Dennis his
deputy, who, if possible, made a big'iijer ass of himself than his
princij)al. Then the (iovernor orevv conciliator\ , and wrote
Riel a letter, whiclvwas condescension itself. Finallv, meetin;:^
nothing but rebuff, Macdougall threw up his commission;
and returned to Ottawa a disfj^raced and humiliated man.
While this ^gubernatorial aspirant was knockin<;^ at the
door of his inhospital.le province, the pi"ovince itself was un-
dergoing a radical change. In times of political re\olution
'I
li "
I
?:•!
\H
TIfh: HlJKth o/' MiHl..
events crowd each other in raj)icl •succession. On the 2rjtl day
of November llie insnrj^ents sei/eil upon Fort (tarry, tlie com-
pany's post, at the junction of the Assinnihoine and lied Ki\ers.
On the twenty-fourth day of that month a ])rovisional ;^overn-
nient was or<j;ani/ed with liruce as President antl Kiel as Sec-
retary. The President afterwards resij^nt-d hi fa\'our of Kiel.
The orij^'iual desij^n was to have a council of twentv-four
members, twelve French; and twelve Fn^jjlish. On theSih.day
of December, the date of the conxenin^ of the Vatican Coun-
cil, a declaiation siniilar in verbiaiije and sentiment to the his-
toric document bearing tlate |u!y .jfh, 1776, save in its al>jura-
tion of allcLjiance, \vas issued by the new jifovernment. This
action alienated the ICnj^lish-sjjeakinj^ people, who were never
afterwards fully reconciled.
Wearisome details are not <;ermane. Only a few salient
points will be touched upon.
On the 22nd of December, Riel seized and opened the
Hudson Hay Company's safe; and appropriatetl its contents,
amountinjjf to a larj^e sum in cash. This proceedin<; has ])een
denounced as an act of robbery, liut RiePs conduct, in this
affair, will com])are favourably with the conduct of John
Jirown at Harper's Ferry. A part)- of iJrown's men, led by
.Mexander D. .Stevens, demanded and took Colotiel W'ashintj-
ton's watch. After his capture, lirown was cpiestioned in
rcj^ard to this affair, and stateil, in terms, that he intended to
freely appropriate the property of slave-holders, to carry out
his purpose; but that to enrich himself by plunder was not his
object. Riel evidently had a like purpose. He intemled
to make restitution, or force the Dominion to do the like, as
a condition precedent to reconciliation. For he attempted first
to negotiate a loan with the company. When refused this,
he resorted to force. When he took the money a memoran-
dum was left with MacTavish, the company's accountant. No
one believes John lirown to have been a robber; neither was
Louis Riel.
iii:i\i:i. nun.
40
ICjirly \\\ the U'bc'Uioii, Kifl IkkI c;i|vtiiic(l I)r. Si'hiilt/ ;iiul
fcrtv-fom ollici' ICnt^li"'li ^ptMUin^ C')l<inist». Must «>f these
\N
fte rt'le;i>«c'<l through the hiiiiKme efftnis of ;i Miss M.-it \'ic;ir,
liut Schiilt/; c'scapcil.
'hen
is
htilc (loiiht, hilt th.it this
■.cojuiihcl, throii^jh one Shavvniiiii, ali^^s (icoi
-e K
nt'tte, a
rf|)r()hatt' half-hieid. Iiied to hiiii;^ upon thi- stitlt'im-nt the
honors of an hwha war. lU- this ms il nia\, he was lar;4(.'ly
rcspoMsihif for all the I :onhIc in K iipert's LaiiiL 1 le (Ksri \ lul
death; hut esiaped it. l'iit,oii the si-n cnteelh of l'"ehrnary
a fai ninic inipoitaiit eaptii-e w.is made. Maior IJoidton anti
fort\-si!\cn nii-n were taken ;)risoiic'rs. i'hese were of the
ICii-^hsh or C'ana(han parts, who wire ni amis aj^aiiist the
provisional <^fo\ I'liiineiit. The eoiinnaiider was tried; ami
eondeiniied to (hi'; luit suhsccpieiitl y paidoni'(L
Till (hivs prior to this ia|)ture Kiil had l>eeneleited i'lesi-
deiit of the new pro\ isional government, with Thomas Ihinn,
Secrctarv of Stati-; WiUiam l>. O'l )tino<^rline, Sciritaix' of
Treasury, and .\mhro-<i' Lepini, ;is Adjntatil-( iiiui ai. Nrt
at no time, hefore or after thi' ea[")tiiie, ^\'\(\ the insii;wi-nl.s re-
nounee their ahej^iance to the (.Jiieeii, o .-(rofess ;mytliin^f I)nl
loyahy and at'feetioii for their sovereign. Thev oceiipied a
position siniihn to that oci-npied h\ the eolonies at the lime <'>f
the hattles of Lexint^ton and Ihinkii llili. Certaiidy, if Sam-
uel Ailams and [ohii liane(),ek were patriots, Louis l^iel and
William W, O'l )onoiL:[hue mi^'ht elaim the namr. Cj) to this
sta</e there is mueli to commend and little to condemn in the
conduct of Kid and his f illoweis. They had sci/ed the
company's propeitv, hut t hev were forced to do this. War
can not be maintained without Ihiances. The insur<^enls had
kept a strict account of all property so taken. If they com-
promised with the Dominion, it was their intent to make
the j^overnment reimhurse the C(»mpan\ . Thou;^h the con-
duct of Kiel and his followers had sometimes heen warped by
necessity, and strained hy the force of circumstances, yet it
was in the main to be excused, and even to be justitied. But
4 ^ •
I i ;
M
! il
•1^ ;
■\l
! ; !
1 (,
I: I
oO
77//; /;/jK>n or .1 ,';/•;/>.
for what foll(>\v>, the KmiIlts of the Half-breed Revolt inij^ht
rank with Holi\ ar and Siure. W^oiild to God, and for their
sakes, that the reeoid niii^dit stop here! Hnt the truth must
he told. Alas I there is now to he related an e\ent wiiich has
hecome sadh Tiistoiical, and historically sail.
Amon^ the prisoners captured with ^lajor Boulton was a
surveyor, who had been sent out i>v the Dominion jj^overnment,
named Thc^nias Scott, an Ontario Orai'LTeman. Tids man, like
many public characl(M"s, was sentimentallv one tliinj; and his-
toricallv another. Ik- has >erved his purpose, as the hero of
more than one dime novel. Scott has been {tainted as a mod-
ern Leander the embodiment of chivaluy and devotion. it
has been w ritten that Riel lo\ed Scott's Hero, and hence what
\\ ill be related anon. lUn i; is not only with tlie novelist th;it
riioma^ Scott has been ;i favourite, but with the '-o-called his-
torian, that is to sa\. the ciironiclcr of the (ieiius I'loude.
Mercer Adam sa\s: .
"Thomas Scott, a young Kngli>!i-.speakin<;; Canadian, it seems had l)ecoiiio
ulinnsiiiii.s to Kiel in Uie colony, l)y his somewhat ettiisive loyahy and a ratliei
reckless disregard of his own life. As an ( )rangenion, the I'enian llai; on I'oit
Ciany, to this sturdy Briton, was a hated symliol of disloyalty and an iiritatinj.;
eml'lem of rclicllion, Scott's hlood boiled at the slight o( the flaunting llag. and lie
became a bitter .md cut spoUen foe of tlu' Catholic usurpers of the government.
Captured once by Riel, he refused to acknowledge his authority, and, escaping,
defied it Cajilured \ second time, Kiel found him conlirmed in his conuimacy,
and he determined toieek his spite upon him. lie ordered a Court-martial of
his i)w n choosing, to try his victim, but took care to hear no defence, to allow
him no counsel, and to keep him in ignorance of the crime of which he was ac-
cused. He did not even know the language and pmpori of the proceedings
that were taken a::ainst him. 'Ihe mock trial occured on the evenin.: of the ,^d
of March. iS7o, an I la.sted a little over two hours. Its finding was fata! ; Scott
\.as sentenced to be shot at ten o'clock thi- ne\t niorninL;."
"The sentence fell on the incredulous cars of Kiel's \ictim, but
was mi
pressed'' by the grim humanits of the utter to send for a cleigyman. ( >n llit
fiital morning, the clergyman — the Kev. ( ieorge ^'oung -secured two hours'
re.spite for the condenmed loyalist, so as to obtain time to summon those who
would intercede for Scott's life, or if unsucces ful, to jirepare tlie unfortunate
* According to .\dam's syntax, the sentence received iheiv
mpression.
nEllEL null.
for tieatli. No in'.eices-ioii iwailed; Kiel's W.m'V iifail w^:. vjluluiatc ; aii'l liis
victim's death wa^ too sweet reveniie to forego it. Ai noon, in llic court yard
of lori (iaiiv. llie rfvoltint; scene, tlie tragic horiui, t -nk pi. ice ; Scott was in
v,.-y '.-'til .^liut down like a dot;, and like a do^ \\a> I uiud "■••
Professor Hrvce savs:
"^\ilii the ohiect ai>]iarently of awin^' thi' o'hcr inlialiitants into >iil)n)ission, a
<,'anadian named Scott was harljaroiisl)' shot hy tlic Moi.sd)rules, under the s^iiise
<if a puUiic execution. "1
i<.:iiMl)aiit, an American author, icferriiijj^ to Kiel, says:
"A» length h" went so far as to order the sh ^tint; of a younp Orangeman,
Thomas Scott, aj;ain>t whom he had a personal grudge, "j
AlexajidtT He<^<^ coiiinients on '.iic affair as follows:
"( )h 1 shame on the spirit that prompt-.. i such an act ' Was Mercy blind ? I lad
Justice fallen asleep, and Wisdom turned her hack u|ion the men who tims un-
hesitatingly steejied their hands ni Mood ?^'\
I
(jasiiiff fic-rv loinaiici-, ami
lloral
rhetoric, with .1 passiii;
denial, let a few f ac N he lelated. Thonia
.f
s Scott appears to
ia\e heeii a person of \ iolent |)assions, .iiui arliitrarv tenij)er.
Like all of his order, he was lilled with lacial h.ite, and re-
lijjious prejudice. He had once np <n a time heen lined, alonj.;
with others, for an assanll upon one Snow, their emplover,
from whom the assailants had extorted concessions, nnder
threats of ducking-. As the lifiewas paid, Scott expressed
his reuit;t, that thev had not immersed Stiow in tiie liver.
For then thev would have ;^ot their monev'^ worth. Scott
had murdered a man nameil I'arisien. Ik wa^ one of the
prisoners released at the iec[nest of Miss Mac\ icar, upon
|)aroI, tliat is upon his solemn oath, that he would not a^ain
take up arms ajj^ainst the ]nd\isional ^(Acrnmenl. The
caitiff had not only hroken his parol, hut he had aiiled vSclniltz
in ti vinjj; to incite the Swamp Indians lo "^o upon the \\ .11 -path.
After his lecapture, he was resii\i' and furious, conductin<^
hitnself more like a mad-do;^^ thati a rational and accountal)le
heing. Upci one occasion he took a hoartl from the partition
ne\t his cell, with which he infciided hraininui; an\ person
* I'p. 205 (). t ''age 307. X Page 14S. \ I'age joi.
Hi
1 ^ P^ '
III
1 ■: ' 1 ^
I
I* *
' i
illjH
62
Tin: lU.OOI) OF MIHL.
wlio should enter his prison, llis fellow prisoners took tlii^
from him, yet his seditious conchiet was aclin*^ upon the less
prudent ones like a contajj^ion. rnder the diieetion of Riel
and his council, Scolt was tried 1)\- a dnnn-head I'ourt-martial ;
coinicted and condemned. And)rose Lepine, RieTs Adju-
tant-( Jeiieral, anxious to avoid l)lood-'>hed, offered to allow
Scott to return to Ontario on condition of never afterw ard-
settinjj^ foot within the Red Ri\er country. This offer wa^
spurned, ant! Scott replied to proffered clemency with taunts
of cowartiice, as he chose to term the conduct of the chiefs
in spariu]f( the life of Major IJ(\ulton, a man of ecjual courage
with Scott, and of tar ^i^reatei* prudenci'. He told Ivcpine, in
so many woixls, that the halfdtreeds dare not carr\--out the
sentence. 1 le said, fui"ther, that if released the first use he
would make of his liherty w o-uld be to kill President Riel.
I'^inally, at the expiration of a hrief respite j^ranted for spiritual
reasons, the unsuhdued ()rau;2^eman was led out to his doom.
Till the last moivient he appears to have expected a reprieve.
W hen the <ruards came for him he first realized his situation.
The execution was under the personal direction of Lepine.
party of
••cott was made to kneel near the postern ^ate
A
six men were his appointed executioners. The hardy Uriton
was less affected than man}- of his sla\'crs, some of whom
are said to have uncajiped their guns l)efore the ordei' to tire
was gi\en. If Scott lacked all the other cardinal virtues, he
certaiidv possessed that of fortitude, lie fell pierced by sev-
eral Indlets, killed outrijj^ht. Then the body was placed in a
collin and carried into the fort. It is <laimed that even then
he was still breathiuij, but this is a tiction. Afterwards the
Protestant Bishop Mackray yisited Riel. and bej^^ged the body,
to trive it Christian burial. For obvious reasons this was
denied. These thiniLis jrave rise to the belief that Scott was
not killed, but only wounded; and led many to think that
he woidd vet turn up alive. This was a delnsion. The body
I fort
of the uufortiuiatc younti; man was consisrned to an unknown
lt(
Ri:ni:L inr.L.
oi
grave. Tt wa'; conjectured that the corpse was thrown into the
river, hut its reslino^-jjlace will iie\er he known till the sea
wives uj) its (lead, and the slayer and slain confront each other
hefore the Searcher of All Hearts If the reader desires to
see this act of Kiel condemned as " a mock execution," ''a
cold-hlooded murder," and-so-forth, he can consult an\' work
upon the suhject in the En<rlish lanj^ua^-e. That I<.iel thou;^ht
he was d()in<j^ ritcht, there is no'douht; hut his opinion of tiie
act is no defence. If honest v of pur|)ose can he pleaded to
justify an action intrinsicallv wron<^, what condemnation v-
there for Tor(|uemada or Leo the Isaurian .- Saint Paid vt\les
himself the chief of sinners; yet he s;i\^, that he con\ei>.ed in
all jijood conscience w hile persecuting Christians e\en unto
foreitj^n cities. When Tliomas Paine was in the Lu\eml)our<^,
in hourlv expectation of death, lie rememhercd \\ ith satisfac-
tion that lie had puhlished an unclean lihel on C"hri^tianit \-,
w hich he had j^iven to thi- world with an honest jiurjxise.
There can he no manner of douht that Scott deserved a death
more i<rnoininioiis than a militars' execution the doom of the
iri]il)et. The autlior has heen, antl e\er will he, an uncom-
promising foe of the i' •isiliction of fud;^e Lvnch. To mur-
dei a man hecause he .-is committed an infamous crime is hut
the com])oundin<^ of fclon\-. A <j^overnment of douhtful ju-
risdiction should he cltaix of its authoritv , It ma\- he arifued
that KiePs yd\ ernniciit was a lawful one, hecause the Hudson
Hav Compaiu in that icj^ion was a mere usurpei ; that the
transfer of the fianchisc h\- the soverei<^n to the Dominion
had not hei'ii accompli'^lu■d when the 1 lonourahle William
Mactlouijall entered t he countrv ; t hat, as tlie C^ueen. w ho w a^-
hnt the personilication of le;^itimate soveieijjnitv,* had failed
to pro\ ide a law fid <4o\ernment for the peoj^le, the admiuis-
trati\e '' power>>, incapahle of annihilation,'''' had rexerted to
the people for their exerci^-e. So Kiel, as a rej)ie>-entat l\ i- of
the people, w as not a rehel, not even a ie\ oluti'-uist.
( iiiizol's Hisluiv (if ('ivili/;U
ion.
': :
1
, 1,
J
i
^\
I
\i i
!
M
THE l)IJn)l) o/' MlEI..
But aside from that, it nii<j;ht be further said, that Kiel had
the lejjjal authority to take Scott's life, under the (iod-jjjiven
riijhtof self-tlefence, the first law of nature; that if he allowed
him to live, there was danger of mutiny, and of destruttioa
to the pro\ isional «^overnment; that if it was his ri<4ht to
establish such a <jfo\ ernment, it was his solemn ami bounden
duty tt> defend it wdieu established. There is much foice in
this reasoniui^. 'IMie stronj^est argimient ajj^ainst Kiel's crourse
w ilh ret^ard to Scott is based upon the plea of expediency.
The shooting of Scott was like the behea(lin«; of Charles Stu-
art. Tile act itself was just, thou<^h, j)erhaps, iUejjal and pos-
sibly i'mpolitic. W'ashinjjjton condemned Anilre, and denied
him even a soldier's death, doomin<i^ him to the halter. Scott
had no counsel; neither had Andre. If, as Mercer Adam states^
Scott was not infoimed of tiie crime with which he was
charged, it was because he did not care to know its nature.
If the trial was conducted in a stranjijc tony^ue, it is no n)(Me
than is happening every dav , in the case of foreigners, w itiiout
thought i)f any protest. .Scott was given wliat Andre was de-
nied ; lie \\ as shot, like a soldier. Ar.ilre was hanged like a spy.
The statement that Scott's bodv was cons'igncd to an unknown
gra\e, at first blush, seems cruel to Ins friends. Ikit '.Jod did
the same with the body of IShjses, of whose sepulchre "no
man knoweth until this present day.'' The reason for conceal-
ing his bodv, as before stated, is ob\ ions. If the bones of
Tliomas Paine, ten years after death, caused such a lout as ti>
justifv tlie massacre of l^eterloo, Kiel was right in avoiding
the occasion of an armed rising, bv concealing the boil\ of
Scott. It is all the difference whose o\ is gored. liritons de-
nounced Washington assevercly as tliey have Kiel. Had the
colonies been unsuccessful, Washington would ha\ e been a
condemned traitoi", instead of an immortal patriot. 'J'hen
Would historians ha\e denounced the act of VV'ashington, as
they have that of Kiel.
Joseph Kiel, brother of Louis, in a letter tf) tjie writer.
f, ^
UI'UUIL lilEL
m
iui(l«r (late of M:iy (}, 1SS7, <jives a full aiul coniprcheiisivc
exj)laMatioii of tlu- causes which led to the death of Scott.
The leltiT is in I'reiich. The follo\viii<_;- is a tiaiishition of 'i
portion of it :
'• I et anyone put lumseK in the ]>Iacc of those chiefs, and of the youni:; man
of 25 year>, calleil by his nation to the presidency of a yovernnieiii at il^ most
critical moment; let him consider all the circumstances; and the i-ritalin;^
oppositicm made to them; and iu' will l)e astonisheii, that they exercised so
much clemency.
Ne\er did IJiiti'^h histofiaiis ess;i\' a mofe Sis\ phean ta-k
than this same attempt to pfodtice a inailvr from the raw ma-
terial of a h:irdened, a reckless thoii<;h intrepid riithaii.
Riel comj)]aiiied, tliat, althouj^h he had ohtained free insti-
tutions for Manitoha, he was foro^otten as thoiij^h he were
(lead. IJut for thi^ one sad act, he would have lixed an hon-
oured life, the reco<(ni/eil chamiiion of his despised race, and
left ;i name scarceh' second to W illiam Tell. Anci \et his
act was to he excused, if not justitied, and would liaw met
with iini\ersal approhation, hut for the fact thatScotl wa^ an
Orangeman.
If it is ri<^ht, that the Muse of llistoi\- should castii^ate
Kiel for his treatment of Scott, the muse should he im|Kirtial,
just aiul etpial in her chastisements. In the words of Macatihiv :
" Tiiere shnuld be one \veii;lit and one measure. I 'ociinaiion is always an
objectional'Ie mode of punishment. It is the resource of judj^es too indolent and
hasty to investi|;ate facts, and to discriminate nicely between shades of i^uilt."*
l"oi' e\amj)le, Louis Riel is condemned for I lu" shootiiiL;' of
Thomas .Scott, hut let tis insti'iice a few other cases.
.\lexander, misnamed the ( Jreat, ordered a hole to hi' made
throti^h the heels of Uetis. under the tendon of Achille><; and
:i ro|)e to he passed throuoh the hole; and, with this rope
tied to a chariot, he catised the hr.i\ i' ijerieral to he drau'ired
iiround the walls of (ia/a, until he w;is dead, for no other
crime than lovaltv to his sf(\ erei'.;n. This roval m;idman
afterwards hoasteil, that, in this affair, he had imit;ited Achil-
Kssay on I'yron. •
S '
.*)(i
Till-: Dl.ooh OF MIEI..
Ics, wlio treated Hector when dead, as he liad treated Hetis
while liviii<^. This he-<^oat of Macedon, also caused I'ar-
meiiio, the ahlest, 111 avest, most faithful and most conservative
of his iifenerals to l)e hntchered withnut llie pretense of a trial;
and without other testimony than a confession extoileii, 1)\'
the rack, from the craven lips of his recreant son. Alexan-
der tortured a philosopher to death who hail the coura<^e to
tell him the truth. In a drunken lit he stahhed to death his
lifedon<^ friend, the hrother of his own tender nuise. Con-
cubina»j^e, (lruid<enness, arson and sacrile<4e were amonjj; his
lesser faults. The onh' <;ood achie\ ement of which he could
claim the undivided jjlorv was the tamintr of a uilil horse.
And Net this demoniacal wretch, beside whose cruelties llie
crimes of \cro and Robespierre jiale intc the insi<^nificant,
Is pict nt ed. 1)\' histoiians, as a di\ine hero, the ijathliniler of
Christianit}-, who pa\ed the way for the .\jH)stles.
Napoleon shot a iJourhon prince who ap|)roached his bol-
der; denied him counsel at his trial: and the consolations of
reliL,''ion iw his last, moments. Then with the jjhle^m of a
a Thu<^, characteri/ed the crime as -vashing himself in the
hlooii i>! a Bourbon. \'et Napoleon founrl an apolojjist in a
staid New ICnjrland di\ inc.
In the M-ar i8.|2 Alexander Slidell Mackenzie, when in
coi\imaiid ()( the hri;^ Somers, had on board a striplinj^, of
eiijfhteen years, whose head had, ])roiial)ly. been furneil by
readinj^" jiiratical romances. This boy related to a shipmate
a cock-and-bull story about a conspiracy to kill the com-
maiidei', to take the briji^, and con\eit her into a pirate. Fhe
\aloious cajitain diil not deem himself safe until the bov
Spencer, and two seamen, Cromwell and Small, were dan<j;lin<j^
at the Nard-arm -condemnetl on about the same modicum of
testimony, as suited the re(|uirement^ of M ackeny.ie''s roval
namesaki' in the case of Painienio and I'hilotas. \'et a court
of in(piirv, made up of distini;uisli(.(l na\al commaudeis, \v itii
( )!d Ironsides, the ^randfathei an<l namcs-'ke of C'hailes
1
1
Jt,
lilUlEL in EL.
'^^
StevviUt I'iiriit'll, a^ a nu'inbcr, cxoiifr.ttcd Mackenzie. Ills
jroveniincnl afterw aids IioikhhiuI hiin witli an important com-
mand.
Licntcnant Alphcus W. (jrecl\,(;f Arctic celebrity, onlcrcd
one of Ills men to be shot, perhaps jiistK. for eatinj^f too niiicli
<hnnci-; and failed to make an ollicial report of the sbootitii^
until it had already, become a matter of public notorietv. ^'et
his conduct in the affair lias ncxer been made a matter of
judicial in\ esti'^ation. 1 lis statement. <'.v-/)<7;V<', has been re-
ceived as trospel trulii. lie has lieeu /<•/(</ bv the world, and
the present incumbent of the White House, has appointed
him to a position scarcely second in im|)orlaiue to the post of
cabinet minister.
Alexander, Napoleon, Macken/ie and (xieeh are heroes.
Hut Kiel is — what r
While the rebellion was in proofless the Kiiiht Kevereiid
AlcNander Tache, iJishoj) of Saint IJoniface, \\ as at Rome,
iittendiu<jf the (ICcumenical Council, assembled in the Aula of
the N'atican. A cablegram summoned the j^ood pastor from
the preparation of the short catechism, and the constitution
Dc I'^idc Cat/io/ica to undertake a winter voya>,^e, acioss the
Atlantic. I'or upward of a half ceiitur\ this srlijiiue and de-
voted man had laboured in the \orth-West. I'rom an oblate
of the Immaculate Conception, in i«S.j^, lie had risen to the
ejiiscopal di<^nitv. I lis people knew him; and tlie\ lo\ed
him. Deserviuj^ and j)ossessin<j^ tlie conruience, at once of iiis
people, and of the Dominion (Jovernment, this noble prelate
was, above all others, the man to ([uell tiie present impleasaiit-
ness, 'I'he politicians had faili-d. TiieN' turned their e\es
toward Home; and in the attitude c)f I-<thiopia, beckoned the
only man who could turn oil u])on ttiis troulWed >.ea. The
Hishop came. At once a 'rue patriot, and a faithful slu'pherd,
he knew that his peojjle IkuI \\ ronj^s. Hut true to that holy
patriotism which the church inculcates, he had e\ei tauj^ht
them, that the [)o\\ers that are, aie ordained of Cod. Kender
\ •'
!ii
m
5H
yV//-; /IUH)I) i)F Mi El..
to Ca-sar ihc things that arc Cu'sni's. Hut curbed l)i' he \vh<>
iHimoveth his nci<;hb()iii''s laiul-niarUs. 'I'he Hi-^hop cauu' with-
out any poHtical c<>iniiii^si<>ii in his potkL-t. ^'ct l^e broiii^lit
\\ ith him int'iiioriiiiihi :inil Irttcis of an olHoial natmi', Thfic
was j^ivni to him l)y the L aiKuhaii ^^ox ^i mncnt that \iu\\ rit-
tiMi authority mo-i hindint^ ainoiij^st men of hononr. Smh
as <j;o\crns our presidential electors, and re^^ulates love affairs
h<'twcen people witli hononrahlc intentions. The arri\al of
Uishop Tachc in the settlement was a new era in the histoi v
of this most awkward dilhcnlty. ( )n the i.^th of March he
preached at Saint IJoniface. The chnrch was crouded. lie
connseled motleration; assured his people of the iLjood will of
the administiMtion at Ottawa; said it was time for the C'atlio-
lic and the Protestant to lav aside tlieir leliifious differences
and work for the coirunon <j[ood. The effect of this sermon,
and of a speech afterwards deli\ered before the council, was
like maj^ic. C^niet was in a measure lestored. Kiel at once
released half of Ins ]:)risoners, including Major Boulton. The
liishop had, indeed, triumphed. lie had jiaved the wa\ for
the bloodless victory of (Jarnet WoKelev, that dont^htv hero
of manv unfonj^ht battles. I'^n<^land has been, rlurin<j[ the last
century and a half, distinguished f(»r lu'r cheap military heroes.
Indeed, she has not furnished a (general of the first order of
merit since the da\s of Marlborou<j;h. The reader \\ ill re-
member that Wellington was an Irishman.
(iarnet Joseph W'olseley was an I"2nglishman, born near
Dublin, Ireland, June \, 1S33, to which place his familv had
removed from Staffordshire. His father was a major in the
ICniilish armv. The boy was educated at a jjrivate school.
At nineteen he enteretl the army with the raid\ of ensii^n. He
ser\ed in the iJurmese and Crimean wars. In the latter he
was uDuntled and received a plaster in the shape of a badi^e
as knijj^ht of the Le^^ion of Hononr. He served durin<; the
vSe])oy Rebellion and the crusade to force oj:)ium ui)on China.
Whether or not this chivalrous knij^ht ever tied sepoys to
I
f l! ^Il'
lUmtU. lilEL.
m
'
the niOMtlis of cannon and blew them into eternity, history
has failed to record. It i*; altof^cther likely that lie did. Such
acts were done b\ the Hritish, and their cruelty wonld he c«)n-
sistent with W'olselev's career elsewhere. Tlun, too, he was
made a l)revet lieutenant-colonel for liis ser\ ices durinj^ liie
Scpo\ Rehollion. lie h;t> receiveil "greater promotion for
•services less meritorious. lie was afterwards Deputy (^uai-
tern)as(er (lencral in Canada, which j^ost he helil for sf\ eial
years, hein<T attached to the 90th I'oot. W'iieu, at last, the
Macdonald (»(>\ erinneut re s'.lved upon war, (iarnit WOKeiey
was selected to lead the Ihidsh forces to the captuie of loit
(iarry. In this canipai^ni not a'shot was tired. \'et the c;ip-
tm'e of any empty fort was sutVicieiit to earn foi <iaiiiet j.
W'olstdey the rijjjht to preface his name with "Sir."' This \ ;il
orous knight afterwards ilistinguished himself in the Ashan-
tee war, and aj^ainst the Zulus. I)urin<^ the Nile e\pe<liti(Mi
to the Soutlan, aiijainst Fd Maiidi, Wolseley si*jnali/ed iiini
self hy cuttin<4 chnvn palm trees, fillin<r uj> wells ; and thus
destroyiiiLj oases in th;it desert country. To char<4e him with
\andalisin would he a libel upon Aleric and Albion. Sir
(iarnet's greatest achievements have been ai^ainsi n;d<ed s;i\ -
ages. It WDuld lie ditlicult to litid ;i man more thoroughU
identified with every outrage which ICngland lias perpetratid
iluring the last thirt\ -live years, which is sullicient to makt-
his caieer during that period anything but an en\ iahic one.
This competent military critic has seen tit to express himself in
verv disparaging termsof the military career of General (irant.
i?efore entering the country Wolseley sent bva secret agent
a conciliatorv proclamation to the people of Rupert's Land.
This document simpiv stated, in substance, liiat I let Majesty
had resolveil to station some troi>ps in the countiv. I'^rom its
terms it could not be considered a war measure in aiiv sense
of the word. R iel himself assi^tedin the printing and cir-
culating of this proclamation; to show his lovalty he had
hoisted the I niou Jack ahove I-'ort (jaii\. Oii the sugges-
!l
! :i !!
ill
h
(>i)
77//; iuj>oi) or Aiii:r..
lion of Sir (icorjifC' ICticiinc Cnrlici- In; was allowtil to ^ovi-rn
the country from June _>}, iSyo, to the date of the occnpa-
lion ui I'oit (inns' h\ (iainet W'olselev. W'hatex cr {lesiijns
others may haxc had, there can l)i- no donht hut thai ihroni^h-
out ''le entire (hdiiiihy Kiel liad remained steadfastly loyal
to his sovereij^n. I le was actuated l>y the pure t of motives.
Hefore the ajjproach of the troops Archbisjiop Tache went
to Canada; for wjiat j")nr])ose was left to conjectme. Some
said to olit.HU an amiiest\- for Kid, O'l )ono«,d)nc and Lepine.
IJul when m the montli of .Aui^nst LCn<;laiurs <;<)reless cham-
pion arrived, no amnestv was proclaimed. The trio remem-
herinj^ that the tender mercies of the wicked are cruel, refused
to trust the clemency of Sir John A. Macdonald. Wolsfle}'
intended to come upon the I'^oit in the ni^ht-time, hut a rain
prcNented. lie arrived the next day. As he entered the
fort at oiH' door, Kii-! and his two comiades left a. the othei'.
At one time the pnrsnier and jiursned were onl\ ihiee linn-
dretl sards apart. .A fei r\ crossed the iVssinnihoine in means
of a hasvscr; this svas cut, |)rol)al'ls- l>s Kiel, to present pur-
suit. Kiel and his tsvo companions crosst-d the Ked Kisei
l''rom the hanks of Saint Honifaci-, t he Sarslield of the North-
West watched that capture of a j^arrisonless fort, svhich was
to lift tlie depnts cpiartcrma^ter to be the (irst military hero
of a lirst-cla^s ss ar power. The (piarlermaster svas elated svith
his sictors. What the feelinj^s of the partisan chief weie
can ncsi-r he told. Hoilbdil lookinif dosvn upon (jran:,da Irom
tlie pass of the Alpuxarras svonld hardly fuinish a parallel.
I Jot h were futritives, hut Hoahdil departed a broken and a
mined man,svhile K iel, paradoxical as it may aj)pear, fled a
sictor from the scene of his triumph. The trio turned their
hoiscs tossard Pembina, svhence Kiel svent to Saint Joseph.
'J'he life of I.ouis Kiel during th.e next fourteen years ssill
neser be ssiitten. its historv would be more tliveisitled than
ihe roman,ce of (Jil iilas, and hardls less enterlainin;.^. i>ut
it is not the task ss Inch the author has essayed.
H Eli EL RIEI..
61
f)ii tlic 2(1 of September, 1870, ArchibaM siu\ee(le<l Mac-
(louj^all, as LieiitenaiU-Cioveinor. Tliouj^li AicliMsliop Taclie
had pledj^ed the honour of the athiiinistralion for the am-
nesty of all offences, inchi(lin<^ the nuirder ( r ) of Scott, yet no
amnesty was ;^ranted. In tlie year iN-i ihe I'enians were
phiiminif a raid upon the Dominion. 'I'hey wire in I'emhina.
Wherever Kiel's sympathies may ha\e heeii, lie showed a
firm purpose- to keep faith with the j^on eminent, i.ieiitenant-
(io\ciiioi' Arihihald called U iel from ohsenrity ; ;:n(l pied^^cd
him piotection. The old leadei came forward, like the re^n-
cide, in Ne\\' I Ji;^dand. during Kiu'^ 1 Miilip's \V';n'. I le was
the man, of all men, who had the ear of the i'lench-sjieakin}^
peo))le of the province. Kosciusko was liardK more to the
I'ole^of Napoleon's time, than was Louis Kid to llic h;df
l)reeds of Mauiioha. It was a-^ tiiou^h Andrew )ackson had
risen from the dead, anil was smr<iunded li\' the pvii who
fouji'ht under him at Horseshoe lUiid. Kii'l r ii>i(l .1 IkxIv of
two hundred and liftv nun. The Lieutenaut-( io\i-iiior ac-
cepted Kiel's services; and leviewed his troops. IK- even
prai>ied his lo\altv. lint how was that loyal! v repaid.- And
how was the promise of protection kept? Hardly was the
daui^er past when, in the i-ariy da\s of ()ctoher, a rewaid of
ti\e thousand ilollais wasutfered foi the ancst of Kiel. The
promised amnesty was never jirocl.iimed until April, 1^7^^
j^ud when it came it found Louis Kiel .:m outlaw, -o declan-d
seven months hefore upon a judt^ment entered because of his
failure to appear and answi-r an indictment which char;^ed no
Offense whatever.*
In the year 1872, an election was alH)ut to take place. The
administration wcie anxious to ha\e Kiel out of the country.
In tlic month of Fehruarv Archbishop Tache visited the ex-
chief at Saint \'ital; and tried to iiuluce him to leaxe the
country. Through the j^ersonal iidlueuceof the man to whom
* I refer the reader to Appendix H tor the Ibrni of this iiidittiiit'iit ; and to-
Houvier's Law I)ictii)naiy for an explanatiun of ilie nieaninu of •' Oiillawry."
'»!
!^l
I!
Ill*
77//; IU.ni)l) nr Mu:i..
I '
5 !
lu' owed r\ fi\ tliiM<4. Kill was indiKcd t') iicct'pl, ;is an in-
ik'iniiitv, f"»ii lumdifd p'»imds thrL-i' lumdicd foi hinisi'lf,
sindoiic lumdird foi- his family — .ind Um\c I Ik- country. This
he did ;)i()hal>ly with about the sa nu' thouj^ht as ju^ui tha left
Rome. Tlu' MiMiiey received hy Kiel, at this time, has l)eeu
called corruption money. If so, it reflects as little ctedit on
the doinn- as upon the leceiver. IJnt Kiel's account of the
affair, as well as his subsecpient conduct, sh(»ws that he did
not so rej^ard it.
I'or more than :i century American children have been
tau^jlil to rej,fard I'auldin;;, Williams and Van Wart, the caj)-
tors of Major Andre, as honest patriots. I»nt there is more
evidence of their corruption than there is against Kiel.
I'ublic opinion forced K^iePs return from exile, and he wa>-
present at tlie election, lie" was a candidate for Parliament.
His election was conceded. Sir (ieorj^e Mtienne C artier was
lieaten in Montreal, by one Jette. Kiel was asl<e<l to stand
back for Sm' (»eor<);e to he returned for l*i()\ encher, as the
district was called; and he did so. It was about this time, that
Jiid^e Dubo chiistened K iel »• David f and, afterwards, Kiel
used the name. The record of his naturalization beats the
sij^nature "• Lotp !)a\i(l Kiel." This name was bestowed
upon him because, like the second kinij of Israel, he hid him-
self awa\- from those who sou<i^ht his life.
Kiel was thrice returned to I'ailiament. The lirst time in
October, 1S73, by acclamation. It was during this campai»i;n
(as we Americans would call it), that ajrents of Sir John A.
Macdonald soujjht out the e\-chicf skulkinij in the woods,
awaiting his election to Parliament. Most jioliticians are cynics;
and .Sir John A. Macdonald was no exce|)tion. The fjreat
premier had a supreme coniivlence in, as he had a sovereign
contemj)t for, the venality of tnankind. .Sir John's a<;;-ents
offered Ricl $33,cxx) to leave the country for three years.
They told him, fm'ther, if that was not enough, to state what
he wanted. They offered to pay his exjicnses to Europe, or
in: III' I. in EL.
K\\\
to any part of tin* svoild. Iliit this man, whom his tiicmics
have chary^fd with htiii'^' a xciial inficciMiN , ti'fii^r»l ihi*
offlT.
Uii'l was icliiiiK'd aj^aiii in Jamiaiy of the foih)\\in;; year.
At this time the feeUn^ in Ottawa was intensely aj^ainsi him.
The puhhi fnmr was at fever heat,hecansc of the shootinj;
of Seott. lie dill not attempt tt» sit in I'arhament. In the
month of March he appeared sudilenlv and mysturiouslv in
the clerk's room at Ottawa, signed the roll of memhership,
ill that characteristic antojjra|)h, ne\er to he mistaken: and
then he \anished like an nnsnlistantial pa<^eant of a \ i^ion.
r)n the iMli dav of the followin;^ month he was expelled
the House, hy a \ ote of 124 to 6S. Many, wiio xoted •■• aye"
on that memorahle day, and e\en at other limes ur<_j('d the
extradition of Kiel fron) the I'nited States, as a nmrdeiei ,
have since attempted to rehniid tlicir party editiie, with llie
scaffold of Rejj;ina for the chief corner-stone, lie was re-
turned for the last time in Septemher, iSjf. ,
In the year 1S75 K-icl was banished for fi\e years. Diiriny^
this time he resided noniiiiaHy in the I'nited States. In tlie
seal" i^>7| wi' lie. II" of him at \\ Ooiisockel, K hode Island,
where he spent a week with an aunt. In tlie autumn of 1S7S
we fnul him in W'ashinjjton, whitlu-r he had ^^nu' recom-
mended to Major Ivhnund Mallet. A friend who s.iw him
ahont this tiuie, thus descrihcs him in a letter to the author:
•'Kiel was, in every way, a perfect peiil'.cmnii. He |)osses.seil talents fur
leaderbhip found in Imt few men. lie was horn n liberator. William ' >'I5rifn
now in Canada ai)i>cars to me to lie sucli a man as Rid was. He was one ol
tluise most polite men I ever knew. His conscience was as lender as a sister
ol charity's The man was not of the world He was like a monk in
it; c.rir// that ho was like a true kni^hl when tlie i|iiestion oi the Meti.- jie.iple
was involved. "
At the time Riel came to Washiiif^ton he considere<l him-
self absolved from every oblio;ation to tlie Dominion, that
j^overntnent ha\ iiiff refused amnesty to Lepine. and \ iolated
other pledj^es. The object of hi>> journev. and the then ion-
1 1
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77//; lu.ooT) OF Alu::..
slant lahcnir of this enthusiast, was to wrest Manitoba from
the Dominion.
I'^xcessive toil, hittei' disappointment and Ljallinj^^ p(i\ertvso
wr(ni}^ht upon his sensitive natiue that rr:i -in was ditlnoned.
He had eome to Washin^jton with one tlioiisand dolhu's, the
donation of a 'vealthv Canadian. In tiie space of several
months he had j^i\en this, piece-me il, to ■• hUnd itahan hei(<;ar
wlio sat daih' in front of the !*resl)vterian chnrch on Ninth
street. 'I'lius was this hij^li-minded and <;ene:'ons patriot re-
thieed at once to niathiess and pemir\ in a ''trainee citv. I>nt
(lod jMOvided a friend. Kiel was possessed of the delusion
thai he must die f(;r the .val\ alion of his laee. Major Mallet
tooK forcible possession of Ids person. Hut lindinL; him
mone\li-ss, he was compelled to bnrj-ow cash from leather
Keane, now iiishop of Kichmon;l,t() rcMio\ l' the nnfortnnate
North. Kiel remained for nineteen months at the IJcaiiport
lunatic asvhnn in the prt-\ inee of (^iii.l>ec.
I lis ailment was meij^alomania. This word is not fouiul in
the dictionai ies. It is dcrl\ed from two ( rieek words, nu'oal(\
j^reat, and n/atn'a^ madness. It is a most pecuhar and deiep-
ti\e form of insanitv. Its \ictim mi^ht easLl\- pass for a sane
person amongst the iinobser\ ant. The perso!> atllicted with
this niental disoiiler imajj^ines himself charj^ed w ith some *;rea'.
mission and alt()<;ether a most important j^erson.
Kiel was incarcerated uniler the name of La Kochelle. lie
remained under the treatment of the medical ^uperint^ndent,
Doitor Francis Ko\-. utuii he had recovered, lie vva> dis-
cliart^ed from the as\ Inm Januaiv 21, iSyS, Doctor Rav
found his ease a most peculiar one, and one reipurin^; careful
treatment. To this <jeutlenian Riel et)nfesseil his true name.
The American Annuid Cvclopa-dia for 18S5, insinuates, that
Riel mii.dit have been confineil at iJeaupart for the purjjose
r)f concealment. Such an insinuation bf,>travs the extreme
stupidity and iijnoraiue of the writer. Riel was j)lace(l in the
asylu'm b\ tlie pr(nivional '.^'overmiient, upon the certificate of
UEUEL HI EL
tij
its cxamininj:; pl\vsiciaii. The laws tht-rc aio \cry strict to
prevent the incarceration of j)crsons other than actual hniatics.
Major Mallet of W ashin<(toii, considered him insane at that
time, from actual personal knowledge. The oj)inion of this
intelli<;ent Christian gentleman is worth that of one hunilred
of Sir John .A. MacdonaUTs mercenaiv sycophants.
On the dischar<;e of Kiel from Heaupoit Avshim hi- revis-
ited Washington, and related his treatnujit, as an insane pa-
tient to his alter ciro^VAnwwvK Mallet. Ilissi-cond sojouiii
al the capital was less protracti-d. There can he little, if anv,
douht, that his recovery was complete. In 1S78 he appears
as a farmer at Saint Joseph, Minnesota, where he remained
about a year. 'In 1879 he removed to Montana. Here he
married a half-hreed girl named Marguerite Bellimense, by
whom he had two children. The ilrst of these, John, was
born May 9, ii>8j, in a prairie home on the banks of the Mis-
souri. This son, though -' born in the Utiited States and sub-
ject to the juiisiliction thereof,'' was tlie child of an alien.
The father, with characteristic delicacy, had refused to become
an American citizen while his term of banishment continued.
Afterwards he ileclaietl his intention to become an Amer-
ican citizen. In the m(Jiith of March, 1863, he ^^pp''*-'^' to the
(.listrict court of the United States at Helena, Montana, and
on the sixteentli day of that month he l»ecame a citizen. Levi
Jerome and I^. L. Meirill (full C"hristi;iM name unknown)
appeared as witnesses.
Inuring the same year Riel lemoved to Saint Tctei's Mis-
sion, abandoned trapping, b\ w hich he had gainetl a preca-
rious li\elihootl, and settled d(;wn to school-teaching, under
the direction of the Jesuit fathers. It was at this place tiiat his
little daughter, Mary Angelica, was born, September ij, iSS^;.
As the last part of this volume will be devoted to Riel,
considered as ai\ American citi/en, perhajjs there is tio bcttt;r
time tnan the present at which to estimate the man in the
absttact.
,
,
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Tin-: lii.non or Aiu:r.
The usual method of v\ei<jhin(^ puhlic characters is to adopt
as a standard, or unit of measure, some person who lias passed
into history. Burton says that comparisons are odious. Ben-
jamin V . liutler put it milder: " Analo^jies are ever false and
illusory." A comparison ilrawn hetvveen different men is
often ridiculous and t<^o often distrusting.
L'or example, we have the stroUinj^ rene^rade, John Baptist
Clootz, comparing himself to the great vScythian, Anacharsis,
and even assuming his name. The assassin of Ahraham
Lincoln likened himself to William Tell. A certain woukl-
he historian tried to compare the fiasco at I'ort Gany to the
surrender at Sedan, which occurred eight days later, and
thou<;ht (iarnet \Volsele\ a Von Moltkc. There was once a
man who could trace in Andrew Johnson a resemblance to
Cato. The trustees of Washington College, N'irginia, have
linked the name of Robert E. Lee with one tliat is a'«\nonym
for purity, j)atriotism and justice throughout the woild. This
is about as appropriate as would he the coupling of the names
of Absalom and Robert Biuce. When Horatio Seymour, a
\erv respectable gentleman of no ordinar\ ahilitv, was nomi-
tuited for president of th<! United vStates, some newspaper cor-
respondent compared him to Cicero. James Anthony Froude,
the miserable apologist for I'2nglaiurs misgovernment of Ire-
land, thought Julius Ciesar resembled Jesus Christ. This is
the man who ca.Ued Daniel O'Connell an empty demagogue.
Such comparisons have not been w^anting in the case of
Louis Kiel. Why not: They serve to rounil-off a period.
But truth, anil not rhetoric, is the object of this little book.
Riel has been compared to John Browp, to Rochejatiuelein,
to the Young Pretender, and to everybody else whom he did
not resemble. Such atudogies are the resort of oratorical his-
torians who are too lazy to delineate character.
A friend says that Riel was Joan of Arc and I'onl'ac coin*
bined. This comparison is a nearer approach to justic > than
anv it has been the authorV gootl fortune to hear or tt) read.
in: hi: I. ini:i..
()7
I"'
The truth is, that e\ery man ha> !iis separate indix ithiality,
anil there is seldom ans' real lesemhlance between men of dif-
ferent nationalities or even separate families. Two distinct
])artieles of matter can not till the same space; two distinct
characters can not act the same part in the drama of human
history. Could we apjiroach the Milky Way its stars would
become distinct entities; the sjiace between them would widen
imtil what resembles now a fleecy cloud would l>c a vast sys-
tcp.i of worlds, or, perhaps, a myriad of systems, with almost
inconceivable space between its rolling orbs. So, too. with
individuals. \\c may see twi> men who ajjpear to be alike
in every particular. Insj)ect them more closely and tiie like-
ness departs. Alexander and Charles X 1 1. ; Ciccrt> and liurke ;
Washington and Epaminondas; Clootz and Train, each and
all, were men of distinctive individualities, resembling each
other at a distance; but appearing unicpic in tlu'ir j>ersi)nal
characteristics upon a closer inspection.
Rochejatjuelein and Cliarles Edward were, each of thei
n.
relics of a defunct royalt\ ; while Kiel was tiie champion of a
despised race. Kiel will, undoubtedU . fill a space in Can-
adian historv similai to that of John IbDwn in American his-
torv
Yet \
ipoleon said that histor\- it but a sciies of lie^
vv
agreed u{)on. John IJrown was an illiterate man of fe
words, who, whalexer may be said of his judgment, had not
about him one scintilla of seHlshness. Kiel liad leceived a
classical education; was somewhat loipiacious; and was ;!ctu-
ated, in main, In the mos
t irenerous of imijulses
The
position which
Kiel
IS entitled-to m !iist(M\-
aiK
1 h
is
relations to the government under wliich he lived, resemble
those of Ethan Allen. \\o{\\ these men fought for the riglils
of settlers to their laml; each contended against a horde of
grasping land pirates who were fostered by ICngland; whose
entire law of tenantry is but a bat baric relic of feudalism;
eact
was made a prisoner, and, too, while leadintr
!■
rench
aiiatlians against British soUliers. Each of these founiled a
i«:
:i
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-'
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i
it.
I ■ I
OH
TIN: liijxn) or ahfj..
provincial or Male <^o\ crninciit, tliou^Hi not a nation. Rid
contended for what was, not only a jnst claim, but a plain
Ie<;al rijrht. Allen foM<^ht for what was jnst, but he met with
force and chastised ''with twijrs of the wilderness" otbccrs,
charjj^ed with the enforcement of the decree of a court. Hotli
Allen and Kiel were siiccessfid. lint the latter died as a con-
demned traitor; the other has been justly honoured by havinjj
hts bust placed in the oUI hall of representatives as one of wo
w honi Vermont deli^^hted to honour. Moth Allen and Kiel
speculated with religion. Aside from Allen's peculiar reli-
ijjions views, and his outra*^eous jjrofanity, there is little in
his life which does not excite our enthusiastic admiration.
R iePs j)iivate life was frie from vices. Vov one puldic act
he has been condemned. L nfortunate, indeed, is he who, at
twenty-fixe years of a»e, rises from the position of a {grocery
clerk lobe the ail-but desjjotic ruler of his people. Hut fort-
unate does he bci ome who, ha\ inuj thus risen, commits but
one act of folly, j^reat lhou<;h that folly be.
'iMie Encyclopa'dia Britannica, in its article, " Ked River,"
devotes less than a do/en lines to Louis Kiel and his life
work. It runs as follows: > ^
" At tile transfer of territorial jurisdiction to the Canadian government in 1S69
tlie lloisl'.rnk's, under a certain T.ouis Kiel, (son of a Frenclnnaii who had
built the first mill on the Ke<l River), revolted and lieclared an independent
repulilic* Colonel (now I-ord) Wolseley was despatched with a forcei of 1,400
men and without Moodslied took possession of Fort ( larry on the 24th of
August, 1S70. I he only striking; feature of the expediyon was the remarkahle
enei;t;y with \^ liich the ilitl'iculties of traiisjxntation were overcome. Kiel in
1SS5 became the leader of anotliCr unsuccessful insurrection of half-breeds in
the same rej^ion."
At first blush it would seem an easv task to write histor\ .
lUit experience sliows the twelve labours of Hercules to be
li<^hter. Look back at the foregoino account of Riel from
the Encyclopa'dia. Then compare it with another account.
''• L'ntrue, as the reader will remember, it is tluis tiiat lory Kiij^laiid, after
choking a man to death, lies over his corpse.
il
REBEL HI EL.
\\\)
There was once a man iiametl Tacitus. lie was a <rreat
man loo. He wrote the history of the reign of an emperor
called Xero. In his account of the tire in Rome which oc-
curred iluring that rei<^n, the historian, s[K'aking of theChri^.-
tians, say>: '' The author of that name was Lhiist, who, Ti-
herius, l)eing empoiei, h\ tiie Procurator i'ontius Pihite,
suffered deatii."* Thus, witli a single dash of the pen, did
the wisest man of liis day and generation i)ass In a name
which it would he hlasphemv to compare with any name
gi\en under llea\i'n or among men, I'v rants can make
lawsfthey can hang, and they can crucify, hut the chroniclers
wh(» record their ileeds can not make liistors-,
* /'iicifu.u Aniiii/., .\l\, ./y. See, too, Carlyie's Kssay on \'oltaiie.
i
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.ill
H
The Blood of Abel
PART THE THIRD.
CITIZEN RIEL.
^
Civis Americanus Fuit.
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THE BLOOD OF ABEL,
Part the Third.
CITIZEN RIEL.
" Is man lik*' a vegetable, a fossil, that he iiuinI belonj^ to a lied of loam, or
marl, just as he happens to originate?" —[///(;// Hkttrv lira, k^iiri • .-.
SALLr ST ami Saint I,,iikf haNc peipcliiaicd l\\ oi.
lions, the i^reatcst of their kiiui. The one wa' •)(. "ii
h\ a jmlj^c to ills associates; the othei h\ a j)risoi>er, it'i
chains oti his hands. When the iiiiestion of punis' nent, in
llie case of the Catihnian conspirators, was before th«. .\ )niaii
Senate, Ca-sar adchessed that l)od\ . 1 lis speech on that occa-
sion !•>, with the sin<;le exception of I'aiii's defence before
Ao-ri()pa, the finest forensic arormnent on record. The great
Roman began his address as follows:
" It behooves all men, () ('onscript l-athers, who (lelil)cratL'Con(t.rniii>j doubt-
ful matters, to he free from hatred, frieiulshiii, anj^crand pity."
Tliiis doth it become one to Ik- who wcuiid speak upon llie
case of Louis K iel
This is no paitN panijihlet. The wiiter speaks as an .\mei-
ican to .\mericans. ()n the lOth ila\ of November of the
year iSS^, Louis Kiel, an .\merican citi/.cn, wa> hanged at
Regiiia, in the North-West Territories, within the Kcain: of
Her Britannic Majesty, foi iiigh treason against the crown
and dignitv of the C^neeti of (Jreat Britain and Ireland. The
* Sallustii l^ellum ('atilinarium, 1.1.
II
k
t
Pi
74
/•///•; jtijKih or Ml HI.,
i
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I
.ittciitioii of I'rcsidint Clcvflini'l and Sfcrctai y Ifayaiil was
called to till- facts, l)Ut tluy rt-fiiscd to act in the i' attcr. The
Secietary of State did not consider the matter of Milhciint
nnportance to be inentioiie«l in his annual rej)ort. Was this
inaction of the I'nited States j^overnnient jnstilied hy the facts
in the case? The ^ohitioii of this prol)leni is the snhject he-
folf us, •
I-
or the purpose
of this vohnne it hoots little thai Louis
Kiel was Catholic or rrotestani ; that lie was of French or
«»f (jeriniinic, or of Indian, or of Irish, or of vSwedish extrac-
tion; that he was patiiot, fanatu, iniposter or niadnian. l-'oi
snch purpose, it matters not whether he he consiilered a John
Brown, a Count Cat{liostr(», an Anacharsis Cloot/, a Don
Quixote, a (Jeorjje I'rancis Train, or a William Tell. ( )ne
proposition is heyond cavd: He was, at his death, an Amer-
ican citi/en. That undisputed fact stamped upon him a tli^-
nity which neither race, religion, character or condition could
obliterate. Cii'is Annrica^ius fuit. Forget all beside.
Whether it be termed a freak of Nature, or one of her laws
of wliich men talk mui'li and know nothinj^, it is, in either
event, a continucnisly recurring fact, that offspring do not par-
take in ecjiial proportion, of father's and mother's character-
istics. Though always resembling both, in a certain ilegree,
the child will hear the likeness of one more than the other.
Mulattoes show more strongly the peculiarities of either Af-
rican or Caucasian ; Zambos of Negro or Indian; and half-
breed of Caucasian or aboriginal. There are few exceptions
to this rule. So il may be regardeil as a part of the law of
Hereditary. vSome of the half-breeds of the North- West,
from their fair comjilexions, Celtic features and suave de-
meanor, might easily be mista':en for Frenchmen; while
others have the physical and fnental characteristics of their
S([uavv mothers. Even the educated Indian, whate\er his
opportunities to embrace civilization, has, almost w ithout ex-
ception, gravitated to the //// and the breech-clout. Samson
i iTi/s/:\ iin:i„
7ft
Occom, the WhittlcKl of tlio forest, ri'tiiMu*<I to tlu- native
savagery of his r;K'c', like .i »h)}^ to his vomit.
After the revolution in M;initol)a, there were many strikinj;
examples of this. 'I'he rel)els haii secured tlu concession of
their deinands. The government issued ne^oliahle land-
scrip. The Celtic half-hreeds -.ettled down, in theii new
j)ro\ince, to aj^ricullure and (|uietude. IJut the nomadic ones,
Ksau-like, sold their scrip to speculators; and, lindin*; them-
selve*» crowded hy advancinj^ civilization, inoM-d to the wild
West, ami joined friends and relatives who liad j^'one l)efore
in trapj)in}jj thi' heaver and huntinj^ tiie huff. do. Tlni^, upon
the hanks of the Saskatcliewan, principally alon<; its south
hranch, hetween its confhience with the northern anil a point
U})oii the southern hranch, in line with the eP^ow in the- north
l)ranch,, there j^rew up a settlement of haT-l^reeds wlio were,
nearly all of them, immigrants from the couniry alon<^ the
hanks of the I<-cd and Assinnihoine.
In western America civilization makes '^ij^'anlic strides in
a few vears. It would he hardly exaj^f^eration to say, that
the ]>uffalo is as inuch a thin^ of the past as the mastodon.
Trajiper tales read like the stt)ry of K^omulus and Uemus.
Most of the half-hreeds in the Saskatchewan countrv accepted
the inevitahle. They settled clown upon the land which, as it
was remote from civili/,ati(»n, iu» one wanted. It is a stranj^e
l>ut true paradox, that [loverty is the father of propertw
There can he no properly in air hecause there i>! plenty of it,
ecjually distrihuled all over the world. It is a truism of the
C.'ojnmon Law of I^njjfland, that there can he no piopeitv in
water. This is true simply hecause, that, wherever that law
has prevailed, there has heen plenty of water. But Eniijland's
law of land-tenme and landed estates is the most comj)lex part
of hey jurisprudence. Why is this? IJecause her territory is
small and densely populated. Her people aie Iand-hun<<ry.
When the patriarchs inhahited Syria, land, except in the
civilized portion, was worth nothing. Metes and l)ounds
,i
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'////; /;aoo/> (>/• Mu:i..
vvric imkMowu. Tlic only rcconkil l:m(l purcliJisc i> thcsali-
of tlu- (loiililc cave as a Inirial-phuf f(M Sarah, lint tlu- sfi\ -
ants of Isaac aiul (icrai stroxc for the posst'ssioti of two
Wflls.
So in the primitive «hiys of the Norlh-WcNl, hmd was ph-n-
teoiis. To use the vernacnhir of the West, the half-hieecU
"squatted upon chiims." 'J'hey cleared away the forests,
tore up stumps; remove*! the rocks; ploughed the eartli, and
made the desert to hlossom like the rose. After thev iiad
huilt themselves homes in the wilderness, the coal-l)eds of
the Saskatchewan wen- discovered to he profitahle. I'hen
came capital. The res<»urces of the countiy, in forest, field
and mine, hejj^an to <levelope. Thereupon ci.:ii.e tlie land-
sharks. The " s(piatter's " i ijjflits were disrej^ardeil. Svndi-
cates and monopolists seized upon the lands. The settlers
had followed the (.^uehec ride, in layin;^-out their claims.
The merciless surveyor l)locked-out the lands in sections.*
Hy such a survey the division of e\er\ haif-hreed's claim
was a physical certainly. If he ;4ol to the land otlice liefore
any other man overreached him, he miyfht secure one pait of
his faini; upon the whole of which he hail \\orke<l, hke a
slave, for inanv \e;irs.
I'ut \(»uiself ill the half-hreed's place. Imagine vourself
ousted of \our farm hv the hrainless spawn of an rffctc and
emasculated aristocracy. The spade must }j;ive was' to the
eye-<;lass. We ail know what ICni^lish syndicates, composed
of loids' haslartls, have done in om' own conntrs, in the line
of l.md lohherx . We have had a picss which has heen free
and loud in its utfciances, especially i" those cpiarters where
such ;i course would secure the most \ otes, ^'et, with due
re^jard to eNat;<;eration, it can not he denied, that linj^^lish
land-<jrahhin^f in the I'nited State;- has heen a hinnin<j shame.
\'el we could write; we could speak; we had a piesidcnt
who respected tin- ri;4;lits of a honu'stead-enlrvman, wit h a
* In t!ie \V«.st, .1 section means a s.iuaic mile.
i ni/j:\ ini.i.
77
l>;ilK»i in lii^ h.iiul, uiorc tl'.,ii< he 'litl luit llu- wntfi' ix .inlici-
piitiiiV,'.
Al:i>. f"f tlu" jioor lKiIf-1»rc't(l I lie roiiltl uritlicr \vm\ ih'I
wiiiV. Hr |)(tiiit»Mc<l; he |)i(»»lr;itcvl himM'lf ;it thi" fcrt of
L ;m:i(la'N ^iiat pii'iiiiri ; hill ihe ^'ovciiiMiiMit was deaf and
<hunh. A writrrin the Annual Cvelopa-iht for i.SS^ >a\««:
" riie i>e iplf lit lilt oiler ]iniv;iuc> of (nnada hardly kiu'w ilinl tiic ImII
brccils li;i.| tiny jjf cvancfs at .ill luilil the '.•vo of ilio lelxlli'ii."
I'hc hnij^iia;;e i-^ worthy the asinine doh wliti pinned the
Utu-s. Did ni)t know I Why: lleean^e petition upon petiti<in
had found its jrrave in tiie pi^feon-hole at the Interior Depart-
ment to he rrsnrreclid Only l»y the truin|)et-hlast of another
(iahriel.* Sir John A. Macdonald had not «inl\ no dispo-
sition to do justice: hut he had not r\en tin- sus^i-ptihilitN of
the iHijusi jiidj^i, mentioned in the «^ospel. Theie is little
douht. that Seneca lived anil died in hlissfid ij^norance of the
mart\ rdom,and, of the very existence of Saint Paul, alihou«;h
he li\etl in the same city. That is int proof, iliat I'aul \sa^
not hcheaded.
Hope deferred made the heart sick. The poor half-hleed^
hecame discouraLjed. Thcii' were manv in the .Saskatchewan
settlement of .Saint Lament who participated in. the uprisin;^
of I SfKj. The recall of Riil was sutrirfsted and deteriiiined-
upoii. All eyes were turneii toward Monl.ma. A commit-
tee of four half-hreeds was sent to the .Suii l<i\er countrv.
One of the iiunmittee w.istJahriel Dumont, destined t<» tij^me
in the future history of the couiitr\ . Thev jouriu'ved for
found the e\-
P
-y
chief al Saint Peler''s Mission, al-out twenty miles from vSun
River, upon the hanks of the Missouri. The messeiiLCers in-
vited their old chief to return and leatl them in a constitutional
agitation for sccurinjj; their ri^lits. History contains few in-
cidents more totMching than the story of this pilgrimage.
*(iabriel Dmnnnt was the comm.iiuler and chief of Kiel's army in the Sas-
katchewan Rcl)ellion.
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•J
i
ii
I
, t
7s Tin: lunoh <n' m:i:i..
Time ma\- l»i;iiul it as apocryphal, as it alicail\- has the talc
of Pocahontas and (oliii Smith.
•* I've stootl upon Achilles' toiul),
And licanl Troy <loul)teil. Time will doubt of Koine. " '
Kiel's fiiiiids at 'lie Mission entreated him to remain in
Montana. lUit he decided to ;^o to the Saskatchewan. The
wisdom of this choice will not he .iehated here. It may he
ar<rued that liiel was an American citi/en and had renounced
his allc^iame to the (.Jneen : his country was at j)eace with
ICui^larid; and, conse(|Ucntl} . he had no right to interfere with
ICnj^land's colonial politics.
There vs as oner a I'renchman named LaFa\ctte. I lis
country was at [)cacA' with iCni^hnui. He came across the
water to interfere with I'^nfj^land's colonial politics. There
was a difference, however, in this: f .al-'ayettc hrouoht his
sword alon^, while Kiel inteiuled a peaceful a»j;itation cir-
cumscrihed hv the constilution, Ihit there wert- othei differ-
ences; Lal'a}ettc was successful. !n liis old aiL;e, his\ isit to
the land he hefricnded was the e\en? of the year i8j j, A
mouiUain, the third ic hei<^ht east of the Kocky raiio^e, has
l)cen named in his honour. The siory of Rjel is nut half told.
IK arri\ed in the Saskatchewan ctumtry, in the summer oi
iSiS|. In company with others lu i)e}ifan a constitutional
a'^italion, whicii proved ahortivc. .Seven months of this
effected nothing hut an increase of the mounted police, a hody
of men- lialf-ci\ ilian, haif-soldier - actin<!;- as a constal)ularv
force in the No'th-West Territories, They were oi-j^ani/ed
in I''''>7j; :iii<1 'I'll }i'ars thereafter, at the time of which we
write, they were increased to five hundred men. Thus ditl
the poor children of the desert .isk hread; and receive a stone.
Tlie council, presiiled overlay Lieutenant -Ciovertior Dowdney,
had rect>mmended theit claims. J?ut the orjeat premier ( for
threat he is) heard them not. Pharaoh's heart could not iiave
heeti harder. Alas I he was soon to L'arn *' how much the
wretched ilare." Wheti the historv I mean not such hrd-
cm /.!■:. \ nn:i.,
'^
liant partN pauiplik'ts, as Mercer AdamV really aMe work;
\\ hell the history of the North-VVest rehelHoii is written, it
will appeal', that few people would have borne what the
poor half-hreecK eiuliiied.
If it was <rloiioiis to 'jjo to war over n three-penny tax upon
tea, the half -breeds of the North- West were surely ju- titled
in lij^'htin*; foi their homes. I'or,
" ilow can man die lictlei
ilian facing fearful xlii-.
For the ashes of his fatiicis,
And the teniplo of hisj;ods;
And for the tendci niotlier
Who daiidlfd him lo rest.
And for ihi- wife who nurses
His baby at her l>rea.st.''
Kiel had entered the country with the purest motives. He-
fore he commenced his constitutional a<;itation, he \isited the
Missiof*!, Saint-Laurent-(irandin ; called upon Father l-'our-
inond, who had in charj^e the missions of Saint Lawrence,
Saint Anthony of I*adua aiul the .Sacred Heart, lie a^ked
the ecclesiastic for his hlessinjj^; and e\er after attended stiiclh
to his duties as a Catholic.
lie has been charj^^ed with apostasy. 'I'he discussion of this
question would be without the purpose of this xolume. If
Riel tauf^ht the doctrines ascribed to him, he was, ne\ erthe-
less, quite as orthoilox as the Nestorian, l*rester Johti, whose
slranj^e career furnished the basis for so many pious letrcnds;
and whose ui)toj)iau kiny^dom was tiie object of so maiiv pil-
jjrimaj^es. Au indij^nanl coni;re<(ation left the church, whin
that unworthy pastor, Nestoi ius, declaretl the Hlcssed \'ir<jin to
be mother of Christ, but not of God. The \enlict of Christen-
dom was aoaiust Nestorius; and In
e was (iiiven in dis^raci',
from his see. Seven centuries thereafter half of Christendom
were almost ready to canonize the disciple of the ^reat heie-
siurch. Verily do limes chanj^e; and men chanoe w ith them.
The charges aj^ainst HiePs orthodox v have been made u|)on
m Tin: Hi.onn of ahi:i..
authority hij^hly respectable. lUit ;i^ain let Macaulay's reconi-
meiulatioii of one vveij^ht aiul one iiieasini' he borne in mind.
On the iSth of March, i«SS5, the lir^t c()erci\e act was coni-
niitted. Mr. Edward iJhdxc, tlie hberal leadei, in a -^peeih
dehvered at Lindray, in Januaiv, iN^S^, >ai<l:
" I have never di-nieti, that there was treason on the l»nnks of the Saskatche-
wan, amongst those half civili/ed illiterate, nusj>ui(lt(l, but also nuich abused
peoj
lie.
There was trcasun under the law.
inth
The author, presumptions as if mav seem, will take isMie
with the liberal statesman, before the c1o>l. iUit, admittino-
the truth of his propositioti, I.,ouis Kiel was j/niltv <if treason
tniiK-r iIr- law . \ es, just as \'irginius was j^nilty of murder
under the law .
Oil the dale last named, the half-i)reeds at liatoche, ha\ino-
formed .1 pr<)\ i--ional o[overnment, rose in a body, under the
leadeiship of Kiel and I)tnnoiit. Kiel pci sistentl v denied
i)eino^ the leader, lie claimed, that all wcvv. eipial, ;ind he
sjiriied himself "Louis l)a\id K iel, /: vr^rrt/r
Tl
n- word
.t'xox'cuc was one o
f
Ins o\\ n I'omaufe
lledi
ii\ed it from the
Latin 1 .v, otit of; and oi'i/c^ the sheep-fokl. Thus sioriufyin^,
that he was only one amon;^ the others. Ili^ (■ivm()|oory was
iini(ine, eccentric and far-fetchetl, to s;iy the least. The exact
lumber of Kiel's followin'^ is a little uncertain
fori
An estimate
is ,ill that can lie i^iven. This the author forbears to make.
Tne Indian camp-followers of Kiel were the uncertain ele-
ment, as tho«^e desnltor\ soldiers of forttme alwavs .are.
The nucleus of the half-lneed settlement t.pon the Sas-
katchewan, was the villao[e of iJatoihe, sittiate upon the '•outh
fork. ( )ne mile below Hatoche, upon the same fork is Dn-
mont's, or (iabriers, dossing, so calle<l fiom the half-breed
leailer w ho kept a fcrrv there. The reader will remember,
thatCarlelon lies fourteen miles from Katoche, upon the n<nth
branch. I'lince Albert lies farther down thi- -^ame l)ranch.
* Toronto Wecklv ( ilobe, January jS, iSS; ; Speecln-s l>y 1 loimurablc lid-
wnrri lilake, (Hunter, Ko>e .\ < o, Torontui, page 421.
(in/. EN RlEl.
81
Nearly thf wliole country settled hv lialf-hrccds of thisscttlc-
nicnt in iv*^S5 would be eniltraccd within the surface of a su-
perficial isoseles triau«^le, whose hase would be a line drawn
from Carletoii to a point a little south-east of (iabriel Duniont's
C'rossinjj^, and whose apex would be at I'rince Albert. The
distance from (iabriePs Crossin<r to Prince Albert is twent\-
fi\e miles. 'The jjortion of llii>^ half-breed settlement aiound
and near liatoche was called Saint Laurent. The wdiole num-
i>er of half-brcids in the settlement in i8S^ was less tlian
ii\e htindred, and the male adidts capable of bearinj^ arms
numliered about sevents'.
The little villajj^e of l»at(»che lay about half-way iietwcen
Clarke's Crossiui^ and the junction of the two forks, a little
nearer the former. The j^^eater |)art of the \illage was on
the rJLjht bank. Here were the stores of Kerr Brothers
and (ieorge I'^isher. I'pon the left bank were the stores of
Walters and Hakei. 1< iel, Dnmoiit ind their followiii}^ to the
nund>er of ab;)ut forty men, seized and loi)ted the stores. An
account was kept of the ^oods taken.
ShortI}' aftfi this outbreak the half-breeds at liatoche were
favoured by a visit from Thomas Mackay,*of Prince Albert.
This man was a vScotch-Cre^; half-breed of considerable intelli-
i^ence who had iniolled himself as .1 Nolunteer for the sup-
pression of the revolt. Mackay thus described his mission. lie
said that he went to Hatoche: "To see if I could ptjint out to
them I the half-breeds | the dan<fcr they were «;ettint( into in
taking up arms. 1 knew a jj^reat many of them were ij^no-
rant ami did not know what they were doin^; and I thouj^ht
I mi^ht induce them to tlispersc."f
It has ever been the policy of a coni[uerin<( nation to select
certain members of a snbjccteil lace as the recipients of her
special bounty, hoping, throuj^h them, to keep mastery over
their fellows. This was Roman state-craft, and ICr.j^laml is
Spelled also McKay. tThe Queen re I.oui"^ Riel, p. 17.
?!f-|i
\\
<|lfl
r.
J^m
II
.s:i
77//; lu.oon I)/' j/;/;a.
MO str;m<(ei' lo the art. Tlioiiias Mackay was one of those
petted panders. While at Batoche he met Kiel. During a
conversi'tion held with Mackay, Riel called him a speculator
and told him his hlood was fro/en. lii the heat of his j)as-
sion he su'd many other thin<^s which he had hetter left nn-
said. lie fell and spoke much as did Arminius, the (lernian
liherator, to his hrother I'^laviiis, who followed the Roman
standard to lljj^ht ajj^ainst his conntiy, in that celehrated inter-
view so (graphically descrihed h\ Tacitus.* The lan<:^uaj^c of
Arminius has heen be.iuiifully remitted i'\ I'raed in Eui^lish
\ersc, ami would l)e a fail paraphrase of Kiel's lan»^uage on
this occasion :
" I ciir>e liiin !iy the j^ifts the land
I lath won from him and Koine,
'I'he living axe, llio wasting luami,
Rent fi)rt'st, hla/iiii; home. '
W'nile the lieiy cliief was speakinjij with so much emphasis
and freedom, the w ily antl phlegmatic iJritish >py was drink-
ing-in his words, which wouUl be rejiroduced in the court-
room at Rcgina. The language of Kiel upon the occasion,
as testilied t<^ hy Mackay, w a^ judicially interpreted as the
growl which accompanied tlic tiger's jump what lawyers
call a part of the ;-<•.> i^cs/ic.
Onthe Jjnd of March Sir John .\. Macdonald, the pre-
mier, received a ilisj)atch to the effi'cl that Riel aiul a gang of
his men, numbering forty in all, had sei/.cd the mail-bags at
a wav olVice near Duck Lake, and taken eight horses belong-
ing t(» the mail-carrier; that they had j^lundereil several stores;
that they were encamped at Duck Lake, and were threaten-
ing Fort Caileton; that the wires were down betv\een I'rince
Albert and Clarke's C
the House of the unwel
rossing. The next day he informed
come news.
The same day ^L'ljor-General Frederick D. MidiUeton had
an interview with Adolphe P. Caron, Minister of the Militia
Tacitus' Ann., Hk. II.. (> and lO.
i iTiZEs mi: I..
K\
and Dcfcncf, ;iiul Icfl that iiijj^lit for \\'iiHiI[)C'<^, wIkmc he ai-
livL'd (»i) Friday, the jyth instant, oslensihly on the routine of
his department. I'pon the train l)elNveen Ottawa and W'in-
nipe<; he heard of the battle of Duck Lake.
Major Cro'/.ier, of the mounted pohce, wiih about ei^jhty
of that force an<l forty vohnUeers under Captain Moore, to-
j^ether with tlie Scotch half-breeil, Mackay, before nien-
tionetl, were on their way from Carleton to Duck Lake, the
object of their journe}' being to «jcnre tlie nicicliandise in
Stohert, lulen iS: Co.'s store, tojjjether with a lar<;e amount of
government supj)Hes also Ivinor at Duck Lake, destined for
Chaffee, the Indian farm instruct(»r near that |)lace. These
Major Cro/icr intended lo convey to I'liiwc Albert for safe
keeping. But the insurgents had stolen a march upon them
and seized evervthing tlie day previous. Major Cro/ier came
upon the half-breeds on lieardy's Reserve, about two miles
from I")uck Lake. Here the first battle of the ."Saskatchewan
war was fought. The numl)er of the relic! foici- has been
variouslv repiesented by their eni'mics as from 150 to 220.
It is utterly imf)ossible that there coidd ha\e been even the
minimum number of half-breeds u[i(>n the ground at the Mght.
The streu<rth of their Indian auxiliaries is uncerfaii
Tl
le en-
tire rebel force probably outnumberetl the mounted p(»lice and
volunteers l)v a score or more. There were not n ore
th;
twenty engaged in the tight, the remainder being held in
reserve. The insurgents were armed mostlv witii shol^runs.
The men on both sides were experts in guerilla aiul j)rairie
warfare. The only substantial advantage, on the rebel ide,
was the fact t^iat Dumont was a belter general than Cr 'er.
There are many published accounts of this battle. Tl are
all by Englishmen, or Americans in the last stages of glo-
inania. The poor half-breeds, like the ancient Cilici.
had
n
o historians. If we believe some Hritish writers, Kiel and
Dumont had more men in their little army than tl r.- were
half-brectls in the Saint Laurent settlement, men, women and
f!
; i
84
I hi: lii.oon o/ I/;/; A
i
chililrcii included. W !u ii Cin/IcT c.inic upon the insurjjciils
they were .staiuhnjr hehind a fiiiiije (»f 'iMub ])()|)hii", near
the edge of a coulee-ravine, with a stream runnin«r throu^'h it.
At th
le wonl of command the go\ eminent forces ponited tlieir
rifles at the insurijents. (iahriel Duinont shoine<l: '' Is it to
l)e a ll<^ht ' '" Cio/ier rephed: *' I niwst shoot if von do not
hiy down your arms/' Dumont picked up the jr.iuntlet; and,
without fiuther parley, his men (hojiped into the laxine, and
le\eletl their rilles ah)ng the lop. At this time Crozier, who
was about three hunched yards away, held up his hand; and
the police and volunteeis extended their lines. Cro/ieii's meJi
(ired first. Tlie insurj^^ents returned the shot, directiui^ their
fire t(> Cro/ier's left, where the Prince Ali>erf volunteers
were stationed, and eij^ht of them fell. This was uniioul/t-
edly intentional on the i)art of the insm<;ents, as they looked
u])on a poliien)an as onl\' actin-^ in hue of hi-dutv; hut thev
re^^arded the vv»lunteer as a traitc i \u the common cause. After
tlrinj^ for hall an hour, in a hea\y f.ill of sn
u>w, I
t 1
)ecaiiie
i\ ident to C'lc/ier that the half-bree Is were masters of the sit-
u.\tion. riu" di^comtited Major ret ealed, v\ ith ji loss of fou'-.
teen killed, and nine wounded. The insurj^ent- lost five killed.
At Fort L "arlet(»n Cro/ier met Colonel Ir\ ine, with one hun-
tlred mounted police. The old fort, whose surrende- had
heen i)reviousiv reruse
fi
ui
)on Kiel's denKuul, was ev
uni
ited
anil
I.
led
f>
At its destruction it wanted hut two years t
conijilete the first century of its existence. The police re-
tired down the ri\ei' to I'rince .AIIkmI.
The effect of this victory of the half-breeds was to arouse
the liulians. Uattleford was l)esie«;ed by tjie Sweet (irass
and Poimdmakei- hands of Crees; and the settlers were forced
to dee ro the barracks, w bile the Indians looted their houses,
actin<jj .iiore like a herd of swine than like hmnan beinf»s.
Tlnee tlays after the fif^ht at Duck Lake, P'ayne, farm in-
structor near Battleford, was murdered in the most fundish
manner by the Indians under his tutoraj^e.
( iriZKS inr.i.
8,5
ThanU (iod I tlic purpose of this \olimu' dots not re<|uirt'
:i (Ictaili'd account of the honihlc massacre at I'lo^ Lake, as
this was '\\\ no manner traced to Kiel's door
roi!
I.ak
e IS
sitnaled on the North side of the nortliern hi.iMch (<f the Sas-
Uatcliewan, far up the stream, ahove Fort I'itl, a station of
the monnte<l poiii'e, and near the foot of Moose 1 1 ills, so-
called, I'he massacre was the hlooiU work of Hi<^ liear's
hand of C'rt'cs, who h;i\e their reser\eat Loml; Lake, the
source of |{ea\ er \i i\ er, I\ injj several <lavs' joiirnes north-w «sl
of l''ro^( Lake. I>i<^ iJi.ir, whinn Mercer Adam styles tlu'
I'onliac of the North- West, exerciseil a tacit dominion o\er
all the various hands of Indians n: the \ii.initv of I<on<4,
Stoney, and 1 i"-; Lakes. On the ilnrd of April, (J(mk1 l"ii-
dav, the Indians, nndei' IJij^ Heat and W'anderinrj Spiiit, at-
tacked the settlement at I'ro^ Lake; interrnpted the Holy
Sacrilict' of Mass; murdered sexfial whites, includin<^ Thoma*-
CJulnn, IndiiMJ aj^ent ; t\\t> ohlate fathers. I*'arfard and NLir-
chard; John Delanv. f,n m instructor, and |<ilin A. (Jowan-
lock, mdl\^ lii^ht. I lies made j)risonc'rs of tlie wives of l)e-
lan\ and (iow jnlocK. I' oi two I'-n;^ months these heroic
\v:)men suffered the horrors of a ca|)ti\it\, \ i,
hist
OI\'
re.id-> like the tale of Hannah Dustii
df
Th
ron«jjh tlu ciii\ alric
coiidiut of tour half-hreeds, p;irticidarl\' of John I'ritchaid,
th.
est' po(ir women were save<i rr<ni) r.emjj the \icliins of sav
f
itre lust — an aliernalist- worse than
.ieatii.
It
w ;is
w
an
dcrin<f Spirit who lire.l the first sh-.>i at I'lo^ Lake, the om-
which killed Indian A«4ent (J|uinn. That stalwart savaj^e ap-
pears to ha\e heen tlu' leal leader of the movement. He
;iiterwaitls pleaded ^nillv of mmder, hefore fudfj^e Rouleau;
leceived his sentence, and ju-th suffered the law's exfremest
pena!t\ for his terril>le crime.
T!ius have the salient features of this terriMe affiiir heiii
u'jiven,, All allusi<»ii to it would Ikinc heen avoided, hut for
tViv f-.vc<.,Oiat Kiel was charged with l)ein;_j res|.)f>nsihle foi'
tiii> niass^iiere. These actusers are v»'.>out as just as weri' the
:
J
H(\
Tin: lii.(Hti) or A/!/:/.
i«
I4<i
i^t
noitlurn iMr-catovs who cliMij^fd li-fftisoii Davis with htinjj
rt'spoiisihlo for Little Crow's hiitclieiies in Minnesota in iiSf)j;
or some othei e(|nallv l>iilli:int ^eniii'<ts who blamed Koseoc
( dnivliii^ for the aet of ( Jiiitean. There is no douht, hut tliat
C'olmnhns was indirectly ivsponsihli' for the killinj; of Mon-
Ic/nma. If Cohnnluis had not discovered iXmerica Montezu-
ma wonltl not have met his death in the peeuliar mannei that
he did. This is precisely the lo^ic hy which Kiel's enemies
wotdd toju iit him of lesponsiliility for the massacre at {'roj;
Lake. *' Tlu' Indians nc\er would have arisen, hut iorthc
half-hicfd ie\()lt," they say; "tlu'V caught the conta<^i<Mi."
I'rofnndity of lo«^'i • ' But for the Ameri.an KeNolutiiui there
would have ne\ei Ihcu .i I'rench KevoluMon. Ilenceit is ob-
vious, thai Thomas Jefferson was personally responsible for
the judici;d muider of Madame Koland.
It will be slu)wn hereafter, that there was not sutlicient
ley;.d proof, that Louis Kiel insti}>ated I'oundmaker to ^«) upon
the war-path, ^'el there is plenty of histmical e\ ideuce of the
fact. '!'he ethical propriety of a ^entleiuaii of Christian cul-
ture insti^atinj^ a lot (jf irresp«)nsihle savajjcs to deeds of hlooil
is a matter upon which tlurc outjlit to be hut one opinion. It
is, sm'ely, a course of coi;duct whicii could only he justified by
the nu»t intense pi(>\ ocation— soniethinjr as terrible as that
which provoked the ne«ifi.ocs of .Santo Dominj^i) or the Sans-
chulotlcs of I -jSi).
Kiel had a bad example set, for him, by such elej;ant <(cntle-
men as Doctor Schult/ and (Jeneral hui«joyue. The story of
the former has been related in this volume. The latter was
far more directly responsible for the muriler of Jane. McCrea
than was Louis Kiel foi any outraj^e committed by Pound-
maker's baml.
Here, ajj^ain, one weijjjht and ime measine are conitncnded,
f«>r the Canadian, the iMij^lisbman and the lialf-breed alike.
It was out of the cbronoloj^ic al order, to speak of the fnA>^-
.sacrc at Frog Lake, ;jt *h\s particul.ir tmie. Hut, leaving thf
I iTi/.i:\ ini.i..
M7
cpi^odo, let the c;im|):n<;ii of Midilk'loii, or :i pait of it l»r rou-
^idcrcd. No military history will he .itti'inj)tf<l heri'. Not
even an cpitonir of tht- entire lanipai^n will he «;i\eii. At
some future lime tlu* Jii.'hor will visit the North- VVe^rfor the
pur|)nNi' of making a critieal and strategical study of Middle-
tonV iampai«;n in that re;;ion, aftcJ" which he will write an ac-
coniil <»f it. This campaijLjn mav he (li\ ided in three pails.
I''irst, tiie mari h from C^ir.\p|)elleto L' I ark's Crossin*^; seeoiid,
tile campai<i;n aj^ainst the half-hieeds, upon the Saskatehe-
W'jm, inclndin;^' tlie hattles of l''i.sh Creek and Matoehe; third.
the suhsecpu'iit Indian war, inehidini; the ea|)tmf tif I'oi iid-
maker, ilu- |it!isiiii df jh^'^ Hi'ar, Loon Lake, and-so-f( 1 1 h.
The \\\A l\V(i are all that will he «leaft with in this \oliime.
, As alreadv stated, (ieneral Middleton arrived at W iiiiiipi".^
on the i^th of March, and on the e\enin;jf of that da\- he
started for (ju'Appelle with jOo men of the (><)th Hatlalion.
He arrived there the same day, and tin- j.Sth, 2<>th and ^oth
were devoted to those preJiminaries indispensahle to a Ion;;
march. Students lltlin;; for an American colle<;c usnallv
read Ilonu-r's Iliad to the Catalogue of the Ships and stoj)
there. I fear such would he the fate of this little hook did
the author stop here to Vf'^'*-' *' <lt'tailed account of (iiiieral
Mitldleton's forces. I lis troops were made up of citi/i-n-
solc.ers, men who had left the shop, the desk and the farm.
They we '■traiifjers W the harl)aric art of war. Many
of them hai .lever pulled a trij^j^er. The militia of Canada
was under the control of Adolphe I*. Caroii, \\ ho was a
memher of the Cahinet and responsihle to I'arhament. They
were uiuler the immediate connnand of I'rederick D. Mid
(lleton, an oHicJr holdin;; the rank of colonel in the regular
army of (ireat llritain and rankmj^as major-^reneral of mil
itia, with a salary of $.|,(jck) a year, lloth the minister and
the ^^eneral were men of sui)eiioi ahilil). The llist was the
son of the distinguished Canadian statt.*s|iimi «>f \\\\\\ |li|nH'J
and was worthy of Ins sire.
\
M r I
il Tin: lii.ooi) or Mii:f..
l'" ICC I Click I). Middlt'toii ( ;i iiiiiiU' which souikIs well with-
out a title) was th(.' tliird son of Major-Cu'iKial C'hailcs Mid-
dlctoM of the rejj^ular ann\ . lie \Nas a native of the land of
Sarslleld and \\'elliii<^ton, ha\ !/i<^ been horn at IJelfast, C'«iutJly
Antrim, Noveniher |, x'^z^. The hid was cilncated at the
Royal Military L'<tlle}^e, and entered the arniv Deeeniher ^o,
1842. lie served with the '^oih reji;innnl in the war aj^ainst
the Maoijs, ;Mid spent the vcars iSj^f)an(l iN 17,01- the <j;reater
portion thereof, ill Niw Zealand, ileie tlie \(>un}^' olliier
received his baptisni of lire; and an eilucation in guerilla war-
fare which was destinet! to dihtinjj;iiish him in his old a;;e.
lie was mentioned in dispatches, and received a iredal. Aft-
erwards, serving; in the Santhal Kehellion, he was mentioned
in dispatches, and received the thanks of the government,
lie look part in the suppression of llieSipoy Mntin\' of iS^y
and i>S^<). Space forbids a minute account of his honourable
record as a soldier, lie ser\ ed at the historic siej^e of Luck-
now, with which every schooI-bo\- is familiar. In tlie \ear
1S61, at the lime of the Trent affair, Middleton canie to Can-
ada, as Major of the .jijth, wheit' he remained till the with-
drawal of tile troops from liie conntrv. lie lias I'eeeived
many dci-orations and titles which
. mencans
ave never
learnc'l to \ ahie.
W'e believe, with IJuins, that. ''Raidv is bni
the guinea's stamp," and-so-forth, and with I'itt, who saiil that
Nelson would live in history as the greatest na\al liero the
world had ever seen, and none w<uild ask whether he were a
viscouiU or an ear
too
will Middleton
live in history
as the peer of any Indian ti«;hter that ever trod the soil of the
North American continent since the days of Cortez, with the
possible exception of Andrew Jackson. Had the writei'
placed Miildleton above them all, he mi<^ht have been put
down as vvantinji^ in national pride, (ienera! Middleton came
to Canada as the successor to (ieneral J^uard in the autumn
of iS8.). lie had scarcely l)ecome acquainted with his j^osi-
* .Soullicys Lite of Nelson.
mr/.is i:ii:i.
H!»
tioii .iijil il» I ctiuii I'liunts, wlu'ii ho \\ :ih c;illril l«» Ic" ' lii» i;i\n
ii'ci nits to ;i i«mtc^l wliiili woiiltl tent ihcir metal, . -is will ;is
flu' ;il»ilil\ of t luMi i^'iiMt comiMjiiKU'i .
Thf militi;i of llic Dominion consistrd of all citi/ens oapa-
iili- of luMiin;; ;irin».;mil was tliviilcd into fonrclassos: J'lrt.
All nnmanied men nul chil(IIt*ss widowers between the aiLjes
of iS and JS; Scrond. Married men, and widowei- h;i\inj^
child ren, l)et\\een the a^es of i N an«l ,^0: 'l'hir>i. Married
men, and widowers haviu;^ childven, Itetwicn the ;i};e>« of ^o
an<l )^; /''<unf/i. All between js i»ii<l ''<'• tieiural Mid-
dleton's army was made-up of the lust ela^s, as the law le-
(jfiired each class to be i-xhansted in its turn, before a le\ \
t >>uld be madi- ii|)(jn the next, except in case of a tjcneral lf\ y,
in which e\ent e\erv cili/eu aide to l)ear aruis coidd l>e called
out,
'I'he charactei' of Middleton's arms" has already been de-
scribed, lie has been tersely and trtdy called *' the brave
commaiuler of bravi' men." To this array of prowess and
patriotism there was one melaiu'!n>l\ exception. If was ilir
liirclini^- Initcher, the black sheep from the American Hock
bought with Ilritish }<()ld by the (Queen's factor, Ad()l|)he 1*.
Caion. Ob, shamel that tin name of ICnj^Iand's j;r«.at phi-
lanlbroi)isl should be borne b\ ihe^houl with the(iallini;
<^un. His dishoiU)ure(l name shall not pollute tliis paj^e.
ICnjiiflish writers have delijjjhted in styliii'X John I'aul (ones
a pirate, who woidd ha\e fou<^ht under the colours of the
Dey of Al«jiers, as soon as those of his own Christian nation.
r>ui the worst caricatui"e upon tin I'om'naiuler of the IJon
liomme l<.ichar<l, would be the faintest delineation of that
stipendiary assassin and militar\' harlot llii' Duj^ald Dab^attN
of the Noith-W'est. Arnold's betrayal t)f bis c«umtr\ has
made his name a syiu)nym for treason, llis poi-tic t\ pe is Alp.
the Adrian renef^ade, who forswore his counii\ an«l his faith
Hut these men had deep personal wron»(s. .Although we can
not justify nor even excuse them. The tale of what t .uh of
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WEBSTER, N.Y. 14580
(716) S73-4503
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them suffered has made the one a Byiotiic hero, and excites
a pan<^ of jiity at the mention of the other's name. There is
the same difference hetvveen the Thug with. the (iatling jj^un,
and Arnold or Al]), that there is hetvveen a street-walker and
the victim of misplaced-conrtdence. The only form of man,
in fact or in fiction, which will depict the gladiator of the
Saskatchewan, is the ^'ahoo of Swift's creation, ft was'the
irony of fate which gave to the second century of our national
independence the humiliating spectacle of an Ameucan citizen
playing the ro/c of a Hessian.
The (iatling gun, named from its inventor, Doctor Richard
f. 'Jatling, is an American invention which came a little too
late to he of much service in the late war. A description
woukl consume too much s{)ace. and be foreign to the pur-
pose. Sullice to say, that its utility for frontier warfare is no
longer a problem of p3'rotechnics but a fixed fact. 7\ gun
of this tlescription was procured [rom the Gatling Company,
of which the inventor was president. A carriage-maker from
New Haven was foimd to go ;dong and explain its working.
This fellow is said to have been a soldier in the United States.
If so, history has failed to record his exploits.
On the sixth of April, Genera' Middleton set ouv with his
army upon the celebrated march from Qu'Appelle to Ba-
toche, by way of Touchwould Hills, the great Salt Plain,
Humboldt and Clarke's Crossing, the last-named place being
his objective pomi upon the Saskatchewan. The distance
from Qu'Appelle to Clarke's Crossing is 177 miles. This
march was accomplishetl in twelve days, being a trifle less
than fifteen miles a dav, includimj halts.
VVIien we rclU^ct, that Middleton's tnen were raw recruits;
that the weather was inclement, it being the most disagreeable
season of the year; that food for man and beast, as well as fuel
for cooking, had to be transported; and when all the other
draw-backs are remend^ered, Middleton's achievement appears
wonderful. The nights were so cold, that the tent-pegs had
(JTTZEN RIEL.
01
to be chopped from tiie ground with axes. Vef the scarcity
of fuel prevented the, building of fires to warm the \)oox
soldiers.
" Why," says some indolent lounger, " anybody can conduct
a march." No military man would make that remark. Han-
nibal's march through Gaul, and his passage of the Alj>s have'
done more to immortalize his name than the combined glory
of Cannae and Thrasymene.
General Middlcton arrived at Clarke's Crossing on the i6th
day of April, and the main body of his troops two days later.
It is worthy of remark, that, during the entire march, the
troops were never harassed by the half-bieeds or their Indian
allies. Lord Melgund, General MidtUeton's chief of staff,
writes:
" They [tlie half-breeds] never attacked a convoy, they never cut the wire
behind us, and though Indians, and 'Breeds' are born mounted infantry, who can
shoot as well from their horses as on foot, they never harassed us on the march."
After some remark about the earliness of the season, lie
adds:
" It would seem as if they intended only to defend their homes against in-
vasion : " *
The reader would do well to rememlier this testimonv from
the military secretary of the notorious Marquis of Lansdowne.
Melgund may be excused for misunderstanding Louis Riel,
whom even Father Andre calumniated in the missionarv jour-
nals of France. But it will be seen, that Lord Melgimd's
heart is not a stranger to generous and charitable thoughts.
Two days after General Middleton's arrival at Clarke's
Crossing, he sent Colonel Otter, with the troops under his
command, to Battleford. This was because of alarming re-
ports, received from that quarter.
The general's description of t. e passage can not be itn-
proved. It is given intact:
*The Recent Rebellion in the North- West, Nineteenth Ct-ntury, for .Viigustt
1885.
41
iiii'
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Tin: DLnol) or Ml HI.
V '!
" I now (Icteniimed to diviilc my small fmce and move down botli •lides of
tlie river, owini; to the apparently correct inforniaticn I had received that Rial's
force only nund.ercd about 400 men all told, and the knowledge 1 possessed that
Lt.Col. Irvine had over 200 under him at Prince Albert. I commenced cross-
inc,' over my left cohuiin, scndint,^ over I'Vonch's scouts and half of lioullon's
mounted infantry by the two scows, wliicli were now in working order. 'Ihe
second scow 1 procured from Saskatoon, the settlers of which place willingly
gave it up fortlie ])ub!ic. service. I would here beg to draw attention to the work
done I'y tiie troops toenaide me to cross this column. The scow had to be made
watertight ; the wire rope spliced, taken over ant! anchored to the oiher side ; a
jilatform and windlass erected on near side, to stae'ch the ro|)e ; oars had to lie
made with axes, wharves constructed, roads built down the .steep banks to tiie
water edge, whicii was completely blocked by enormou.s blocks of solid ice ini-
bed<led in tlie thii ke.st and stickiest of nuid, the river running at the rate of four
miles an hour; and all this had to be done in very cold weather.''*
The two coliuniis then inovcd down the livcr, the (hx isioii
oil tlic left bank tiiidcr eominaiid of Loid Meljruiul; the one
on the lij^ht was coniinanded b\- (ieneral Middleton himself.
On the 24th the coliinm upc^n the lii^^ht hank encountered
the lialf-hreeds, under Gtibiiel Diiniont, at a j)lace called .Fish
Creek. The f)lhei" di\ision came to their assistance, when a
hard battle was fought.
A proper iniderstanding of this eiif^agement demands a pre-
liminary e.\plan,ition. . '
The sinith branch of the Saskatchewan has i!o valley strict-
ly speakint;-. Althouj^h there are at rare inter\als, low stretches
of bottom. The course of the riser would hardly be mis-
named canon. It 11ov\s throu<>jh hii^h prairie laml. The banks
of the stream and the adjacent countr\ are cut by ra\ines,
throuprh which-riviilets feed the mainstream from either side.
About eiorht miles above Batoche, on the ri<(ht bank of the
river is a coidec,'some fortv feet in dej)th. The bottom of the
ravine is one-fourth of a mile in width, and heavily timbered.
At this point ilie h;ilf-breeds, resolved to make a stand. Du-
niont had planned to draw Middlett)n into an ainbuscadc. It
was the snare with which .\rminius haddestioved the Roman
■■'■Report, Appendix No. 1, p. 3.
ciriZKX lilEL.
93
le^ii^iis under Vaiiu^'. Had it proved successful, the li<?lit at
Fish Creek would liave been a repetition of Hiaddock's defeat.
But a ^n'eatcr than \'arius or IJraddock was there.
The hardv old soldier had not fought the Maori for nolhin<x.
He kept his scouts in advance of the main line. These tiMMied
every copse, and explored every crann\-.
On the nii^ht of the 23ril, the ji^cneral halted neai- the farm
of a settler named Mclntosli. On the morninfj of the .; |th
the army heiLjan movini^, about seVen. The usual precautions
were obser\ed. Tlie mounted scouts were well in the ad-
vance; anil spread out (to prevent the possibility of a sirccess-
ful ambuscade) in the front and flank. About two hundred
yards behind these followed Houlton''s mounted infantry. The
advance guard of the 90th Hattalion followed about two hun-
dred yards in the rear of that; and the main column in about
two hundred and fifty yards behind the advance. Fish Creek
was six miles distant from the Mcintosh farm ; the Canadians
received a lire from some bluffs on the left. This was pio-
voketl by the approach oi the scouts, (ienei'al Middleton did
not commit the military blunder of Sturgis, which caused the
ilisgraceful fiasco at Ountown, during our late war. Instead
of double-quicking the main body up to support his skirmish-
ers, he caused the flankers and files in front to fall back upon
his phalanx (so to speak), thus preventing confusion. After
advancing from the ravine the lialf-breeds retired again ; and
kept up a galling fire. The commanding general was shot
through his Astrachan cap. lie shouted to his raw recruits to
hold their heads erect; and pointing to the hole in his hat, he
told them, that but for sitting upright his brains would have
been knocked out. About two in the afternoon all filing;
ceased, except "in occasional shot from the ravine. The half-
breeds had constructed rifle-pits in rows, along the side of the
ravine, from which they picked-off the soldiers. The Cana-
dian arniy retired from the coulee and that night they rested
beside its brink which, as they believed, contained the enemy.
. I
i^
:
II ^"^
\ 1
H
94
TIIH lUJUil) nr AliF.L.
1 ;
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pi
The next il.iv disclosed the fact, tluit Dumont h;id retired
from Fish deck; and adoptinjjf Napoleoirs tactics at Mantua
had left a few men heliind for a hlind. The stri.tei;cm had
oved a success.
1 lie loss of (Jcneral Middleton's arm}' was ten killed and
forty wounded. Of Dumont's army two dead vSionx and over
(Ifty dead ponies were found in the rav inc. It was said, that,
after the H^ht, nearly every solilier in the army of the Do-
minion claimed to have killed his man. Dumont denies that
the half-hreeds lost a man; and says, that he had only forty-
seven men engajjed in the fl<(ht. The general places the in-
surgent force at two hundred and eighty. It is prohahle, that
Dumont did not include, in his^ statement, the auxiliary force
of Indian warriors. General Middleton's force numhered
f(;ur hundred and seven; not one had ever heen under fire he-
fore. The general has had many wiseacre critics of his course,
in not charging upon the insurgents in the coulee, and for his
general conduct of the battle. This is not the place to dis-
cuss tl' "'^e questions. Time, "the corrector when our judg-
meutserr," will vindicate the brave old commander. He said
enough good men had fallen; and he was right.
The general placed the hole in his cap to the credit of Ga-
briel Dumont himself. But credited himself with a victory.
Therq can be no doubt, but Middleton did eveiything at Fish
Creek which a gallant soldier, an able commander could do.
But, when it is claimed, that he won a victory, one feels al-
most like quoting Suwarrow's words, when he was saluted as
a second Hannibal after his fight with Marshal Macdonald at
Trebia: " Another such victory and we are ruined."
On the day following the battle the brave boys slain at
Fish Creek were buried with the honours of war; and a cairn
and a cross mark the spot. ,
" Their requiem — the music of the river's s irging tide;
Their funeral wreaths — the wild flowei.? that grow on every side ;
Their monument — undying praise from each Canadian heart,
That hears how, for their country's sake, they nobly bore their part."
;
,
viTi/.i:s nii:L.
!».)
On the 5th of May tlu' steamer Xoitluote arrived from
Swift (.'unent (a station <»n tlie Canadian Pacitic ), li.i\ ini; on
board supplies, trooj)s and the GatHnj^ ^nn with the famous
poltroon in command. Two days later the trof)ps beji^an to
move upon JJatoche, wiiere the ch)sin<^ scene in this tt irible
tb'ania was to bu enacted. I'iie sjfeneral had iiroujj^ht his left
column across the ri\er to join his ri<jjht.
The entire country between (jabriel's Crossiufr and JJatoche
was cut up into wooded ravines; some of them fifty feet in
<lepth.
On the next day after leavinjj^ Fisii Creek, the wily com-
mantler abandoned the dan<j^erous trail alon<^ the river, and
marching to the eastwanl, and then to the nortii-west, struck
the trail from lIund)ol(lt to Hatoche, alxnit nine miles from
the latter place, and canij)ed for the nij^lit. As s(jon as the
camp was selected, rememl)erin<; the ada^^e, " A ^ood <]fen-
eral piovides for a retreat," Middleton puslicd on with some
of lioulton's mounted infantry to within four miles of Ha-
toche, where he selected a site for a camp, in case 'it became
necessary to fall back from Ijaioche.
In \he deej) and wooded ravines which surrounded this
place. Nature had provided a formidable rampart. The half-
breeds had added somethiuf^ to her fastnesses. The riile-jiit,
an invention of civilized man, had been utilized by these guer-
illa warriors. These had been dug to the depth of ten feet;
were located in the most stratej^c points, and in firm, sandy
soil. They were always placed at the eilge of wootls, with
the ground usually sloping to the rear, and extending up-
ward or horizontally to the front. They wxre constructed
with loop-holes made of logs and a* ramp to descend l)y, with
liranches stuck into turned-up earth to conceal the pit. Tlis'se
rifle-pits form one of the most important strategical features
of this singular campaign.
Never, since the little army of Leonidas made their stand
at Thermopyhe against the myriads of Xerxes, has the world
i'l
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l.il
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96
77//-; ni.nitt) of miel
seen a more tlcsperati; and lK'if)ic (lefeiice tliau was made !>}•
the half-breeds ai liatoche.
It is not chiimed that in the w.n upon the Saskatchewan
the advanta<^es were all on one side. I'ar fiom it I Thehalf-
hreeds jiad tlie ndvanta<^e of heiiin' npoti the defensive, of
beiu}^ skilled in prairie warfare, and of l)ein«>^ uiuler the lead-
iTship of a chief whose ahility as a partisan commander has
hardly been surpassed in the history of the woild. There
were other advantaj^es, already mentioned, in tlie nature of
the country and the ritle-pits.
The Canadians had the advantage oi superior numbers; of
arms, ammunition and artillery; of a ciMmnander with a va-
ried experience in all kinds of warfare; of the moral force of
an established fj^overnment at their backs, antl last, but not
least, the (iatlin<j ^un.
Here one can not forget the iireverent remark of Napol-
eon, that Cxotf is always on the side of tlu* heaviest artillery.
Atiy one familiar w ith the history of Schamyl's war ai^ainst
the T ,ir, or the campai^^n of the old Spanish chief Sartorius,
while contendinjj; with the armies of Rome, will understand
that superior mmibers are not alwaxs an insurmountable ad-
vanta<;^e.
On the morning of the 9th of May, 1885, the army luider
General Middleton left their camp standinj^ and moved uj^on
13atoche. Tht^y pushed on without opposition to the point
where the Humboldt trail struck the river before turnin<jj
down to Batoche, about one-half mile from the Catholic
church. Between this place and the church there were three
houses, near which some men were standing. A discharge
from the Gatling gun ilispersed them, and the Canadians
moved slowly toward the church. From a house ujoon the
further side of the church a white flag was being displayed.
The general rode up to this, and found three or four priests,
some sisters of charity, and half-breed women and th6ir chil-
dren.
ciriZKy h'lHL.
w
The chinch of Saint Aiith(jpy of l*a(hia looks down upon
the valley, or, rather, |)lain of liatoche, which is an elliptical
basin, surrounded by a ridj^e broken by wooded ravines. In
the bluffs around this basin the half-breeds hail entrenched
themselves in the rille-pits, before described.
The artillery was placed to command the positioii of the
half-breeds, and a discharge of shell and shot was opened
upon the little haudet of Hatoche. The Imildings were lij^iit
and tlie consequent injury was not }^i"eat. A suilden and un-
expected fire was received from the insurgent sharp-shooters
who were concealed. The discharj^e was accompanieil by a
whoop, but the shot was too high, ^'et the surprise almost
caused a stampede among the Canadians. A rush from the
desperate insurgents liad nearly captured the Canatlian bat-
tery, when Captain Peters came up with the Gatling gun;
and the New Haven carriage-maker seized the crank, and
scattered the terrible missiles of destruction upon the little
band of j^atriots with the brutal remark: " I'll show you how
to take guns." This murderous volley was followed by a
harvest of death, shocking to any one but the biped who
sowed the seed.
•' In vain, alas I in vain ! \ e gallant few !"
The batterv i^uns were lemoved bevond the reach of the
discomrtted insurgents.
A detailed account of this and the three subsecjuent days'
fighting will be reserved for another work, before mentioned,
^uflice it to say, that the sun went down on the evening of
the Qth of May, 18S5, and witnessed no substantial advantage
to either of the contending, armies at Batoche. The troops
bivouacked upon the fiel<l; and slept with their guns in their
hands.
The following day was Sunday, which passed without inci-
dent, save the bombardment of a gravely ard by the Winnipeg
battery.
The next day was "as the last was, as the next [apparent-
I
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!»N
77//; ni.ooi) OF Mu:i.,
«'i
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I}' I would I'c." '^1 lie lialf-hret'ils rrni;iinctl stculfastly in their
ritlc'-pits. At evuiiinj^ (icncial MuMlctoii mij^'ht liaxc ail-
(Iresscd his troops, in the words of Zachary Taylor at I'alo
Alto: ^' My hardy cocks, the bayonet is the thing."
The (hiy followinji^, while planninjj^ a ji^eneral and decided
attack, Middleton tlistinj^nished a white Ha<( at a point in the
enemy's lines. Tin; hearer was Astlcy^one of 1< ieTs prisoners,
w ho was also the l)eaier of the following" note:
" r.ATOCIII .
" If you mas.-.acie our families, wc are yoing to massacre ihc Iiuiiun agent
aii'l other prisoners.
'• louis 'DAvn)" Ru;i ,
•' iVi I. W. Astlcy. Ijearer, A/,iy ulii, /SSj;.
This wa-^ taken as i\ cDnfessjon of weakness; and the 'jfen-
eral replied as follows;
'• .)/</.!■ /_'///, /.V,?,-.
" Mk. KiKi, — I am anxious lu avoid killing women and cliildrcn and liavu
done my l)csl to avoid doing so. I'ul your women and children in one place
and lei ii> know where it is, and no shot shall l)c tired on them. I trust to youi
liunov not t') put men with them.
•' I'Ri'',!). Mn)i;i.Kr<iN*
" f.'W. a: W. /-ir/J rorcysr
The forenoon was passed in firing l)etween sharp-shooters
on eitiier side. The men took their dinner in the trenches.
In the afternoon a general advance was made; and the half-
breeds were chiven from their rifle-pits to the cemetery. A
portion of the Canadian troops entered a ravine which encir-
cled the cemetery, and shot the half-breeds in the rifle-pits,
b.ivoneted the survivors in their vain attempt at flight. At
this time the general received a call from Astley, who was
the bearer of another note. It read: •
"Batoche, 1 2th May, /SS^.
" Alujor-dt'itern' Miiidleton :
"Gknkrai, — Your prompt answer to my note shows that I was right in men-
tioning to you the cause of humanity. We will gather our families in one place,
and as soon as it is done we will let you know.
" 1 have the honor to be, Cieneral,
" Your humble servant,
• "Louis 'DA\in' Kiel."
(II i/.i':.\ in III..
ICI
as
I'pon till' fin ill t|)i.' w;!-. t 111" fol|(t\viii'4, ill K iiT^ iKind-wril-
iii'^;, luit with. Mil *i;;ii;itiirc :
",1 do not liUe war, and if you dn not, retreat and refuse an interview, the
(iue>ii(in rem.iiiuiiii llie same, tlic prisoners,"
riu' i^i'iicral rc])liL'(l, that hi> troops would ccaM.- liiin;;
wIk'U the ciR'iny lUcI, and not hcfore. After this Kiel's little
hand of j)atiiots foiijriu with tlie coura«;e i^orn of des|)air.
Ihit it was all in \ain, the havonet and the (iatlin^^ did the
woiK, The \illajre was lanied, KiePs eoinu-il honse was
captiiieil; and his piisoneis wen- released. The chief antl his
lifiitenant escaped. The latter Hew to thi' I'nited States.
Three davs, after \varil, Kiel surrendered hiinsflf to tw()
scouts, Ilouric and Annstron^f, This surreiuler was made on
the strength of a letter received from (ieneral Middleton,
promisin*:^, in effect, as the 'general testified, protection fiom
i^umediate violence, and a liial t)y law, ilononrahle Kdward
J)Iake connnents as follows:
"Now the Honourable Minister of Militia (Adolpiie I'. Caion) referred to
wliat he called the evidence with re^anl to the letter of (Jeneral Middleton to
Kiel: yet he did not satisfy ine that Kiel did not surrender on that letter. The
statement ol Colonel Itoulton was directly to the contrary, and if we remember
the whole circumstances of the case — the lime (ieneral Middleton wrote the
letter, and the condition of things statedly the First Minister in one of the dis-
cussions last ses!%ion as to papers — I do not think that is a fair inference fiom
the evidence. Hut the llonourahle Minister said he would jirove the purpose
for whicli the letter was {;iven, and he prove<l it by reading a letter from the
.Major-( ieneral, who, he said, had been told by some one that Kiel was afiaid
of being killed in the camp. That was not very good evidence against i'viel,as
the honouralile gentleman knows. The intent with which (ieneral Middleton
sent the letter is of no consei|uence. The fiuestion is, what does the letter fairly
import. The authority of (ieneral Middleton is not of any conse'iuence, if that
were disputed, though I do not sujipose it is. Now, the ipiestion, to my mind,
on this subject is just this : Is it for the honour and credit of the volunteers of
('anada that it should l)e declared that that paper was sent in order to warrant
the prisoner, if he surrenderetl himself, against lynch law? Is it to the credit
and honour of the volunteers to say that it was necessary for a Major-( ieneral in
ihe Uritish army, to give assurance tg Kiel and his council that they would not
be lynched if they surrendered themselves. I should be sorry to come to any
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Mich comlusiuii ; and then, tlic ({MeHtion reniaiiis : \Va.s it not leasonahle to iic-
lieve that the result of this stati-nicnt wis, \ ou shall not, in fact, he exposcii to
the very worst that you can possihly he exposed to if you are caught — that is,
<lcath. ! think the lihenil intfri'ietarioii of that letter, in the sense and spirit
in which such letters and assuram es have heen interpreted in all events of liiis
description, would have letl to that conclusion. "''
The text of this letter h;is iievei" come to the kiiovvletl;;e <»f
the writer, and, always havliij;j heeii an admirer of the old
^(eneral, he w«)tild prt^hably he a prejudiced judj^e. 'rhr()ii<rh-
oiit the late diilicidty in the North-West the atithor looked at
the general with the eyes of love and enthusiastic admiration,
and regarded him as the moral Agamemnon who towered
above the others.
Louis Kiel was taken down the Saskatchewan on the Xortli-
cote and was placed in custody of an escort imder command of
Cai)tain \'oii'.ig of the Winnipeg I'^ield Hattery, and scut to
Regina,l)y way of Humboldt, there to await the further pleas-
ure of the Dominion government. The Reverend I'itbhulo of
Winnipeg accompaiiieil the escort. This gentleman, althoiigli
he did not regard Riel as a great soldier, repelled the charge
of cowardice made against him.
Riel was contnied at the Mounted I'olice 13arracks, about
two miles from the city. After being kept there for about
two months, he was brought for trial before Honourable
Hugh Richardson,f a stipendiary magistrate.
This gentlemati has been the victim of ridicule and the tar-
get of abuse from every champion of Riel and his cause. An
editorial found in the Springfield Republicans'^ entitled,
^''Canada's Condemned '^I^raitor^'' describes him as: "A
bushy-whiskered, big-necketl frontier j^istice." This is all
wrong..
* See the J/aiisari/.
t It i.s true theie was a justice of the peace, named Henry Le Jeune sittini^
with Mr. justice Richardson, but the former reminds the writer of one of the
side j\ulges they used to have in the State of Vermont — a judicial nonentity.
:; See weekly issue for August 7, 1885.
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101
Lieiitciiant'C'oloiU'l llii^^li KkIiiiiiUom Wiis, :il flu' tinu' of
the trial, in his sixtieth \ear. He was called to the har when
he was twenty-one yeais old ; and was cnj^ayjed in active prac-
tice for twenty-nine years; dminy; ll\e he held the position of
L'onnty .Attorney. I'oi nine years l\e had heiii Stipendiary
Ma;(i'-trate, a position whose importance has, alread\, heen
(lescrihed. lie is a native of l^n^land; and a j^entlenian of
learning, lirnmess and inte^nit\. If occasion is fonnd to criti-
cise the conduct of Kiel's fri.il, the fault lies deeper than the
character or the ability <»f the nia;;istrate himself. It must
he soULjht in ihe accursed judicial system itself. NOw the
wiitcr will not retract a syllaMeof the first part of Ids w<»rU.
Hut he will sa\-, sonu- thinj^s l)\- \va\ of supplement.
I'rofessor IJiyce, in ids ahlc work before lited, under the
title, " I'ure justiciary," expresses himself as follows:
"One of the ijreat advanta^;es ol llic province over tlic nci^lihonrinj; states is
ill the adiiiiiiisiralii)n ot jiistue. In the I niled States tlie judges are electetl hy
the iifople directly. .Vccordiimiy. if tlie jud^e he elected hy the Kepulilicans,
he is fxpecteil to deal out hard measure to ihe I >eiiiocrats, and ;'/(,■ i-er^i. 'I"he
result of this is simply fri^dnful, Sueh a thing as gaining lair play from a judge
ol adverse political opinions is not counted on in many parts of the I iiited
States. This gives rise to a va-<l amount of trickery and collusion in business."
" The llanudian of the present day
looks with great pleasure on tlie higli character and inijiartiality of tlie l)cncli ul
Canada. It is the Kiiglish law which prevails. Tlie dignity of the court is
maintained by the use of a suitable co.stume, and the authority of the bench is
parami.iuni. The appearance t)f .\niericau courts, where the lawyers appear in
grey clothing if they i hoose, and as.sume tlie most 'free and easy ' maimers, is
alisolutely distressing. It is related to have occurred in Kansas that a court-
crier, in adjourning the court, did so in the following words, '() yes! () yes ;
< > yes! 'l'lii> whole outfit will adjourn till to morrow morning.' " *
Tliere is a plain, thoujj^h expressive, Saxon worti of three
letters; hut it is more forcible than elej^ant. The writer dis-
likes to use it, while the utjly monster almost forces itself
upon l)i-> lijjs. Ilail he the style of a Juinus he miu^ht picttire,
without naminjj^, a man whose heart could conceive, whose
* Manitoba: Its Infancy, Crowth and Present Condition, jiage ,;57.
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rm: ji/jxn) of aiiij.
brain could cn^ciuler, and whose liand couKl pen such fad-
loss thiii<ijs. 'riie Manitoba professor nuist have taken the fic-
tion of the Kansas coml-criei" (an otlicer, bv the In , un-
known in ihu States) fi-oni some comic almanac.
The authoi' will enter upon no defence of the elective judi-
ciary system. ^^)r he does not, and never did believe in it.
It has been tittins^lv describeti as '' (lem<K-racy run mad."'
But, with all its faults, the elective system is far better than
the judiciary that exists (like tiie judiciary which tried Kiel)
during' the pleasure of tlv:; <i^overnnicnt whose creature it is.
Tliis elective svstem ma\' have a tendencv to dema^ot,nsm,
an(., in some instances does create judicial charlatans, like
Absalom, who would be iiid;^e in Israel.
Ihit even Abs;dom is preferable to Jeffreys.
It is net meant to abuse Colonel Richardson ; but it nni>-l be
insisted that he is human. lie held an otlice whose tenure vv as
de])eiident upon the <jjood pleasure of the administration ;it
Ottawa, lie '\as the secretarv , or cleik, and the le<j^al adviser
of the North-VV'e;-.t Council. I le was receivin<if a salarv from
the Dominion of $3,000, aujj^mentcd by percpiisites tc^ nearly
$2,000 more. If he was able to sit in the case, and ineside
without bias, he was certainly a verv superior man, one whose
like the world has hardly seen since the days of Aristides. ^'et
it must be ;itlmitted that he succeeded better than most men
vvoidtl have done.
Kiel was bronjjht to trial upon an information verified and
fileil by Alexander David Stewart, Chief of Police of Hamil-
ton, Ontario. The information containeil six counts. The
following counsel apjieared for the Crown: Messrs, RoImm-
son, Osier, Scott, Casgrain and IJurbidge, Deputy Minister
of lustice.
The prisftner was defended by Francis X, Lemieux, Charles
Fitzpatrick and Messrs. Johnston and (Jreenshields.
From the outset it was evident that the Govermnent was
iletermined to have the jirisoner's blood. A large numlievof
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108
hnlf-hreeds hiul l>ccii captiirod. But all of tlu-se, sa\c Rid,
had been chaiLjed simply with treason-felony, a crinie pun-
ishable only with pcrjxtual imprisonment, while Riel had
been chained with hi*;h treason, the punishment of whii'h
was death. The reason for this was so plain that he who
runs ma}' read. Hehintl the scenes stood the NemL.is of
Tiiom.is Scott. There were in Ontario two thousand ()ran<je
lodges clamourint; for the blood of Riel. Onlv the life of a
wild enthu«-iast descended from a "very mixed slock of In-
diaiis, half-breeds and Irish whites," lav between Sir John A.
Macdonald and the united suppoit of the ()ran<j^emen of On-
tario. The" Dominion (joxernment was the prosi-cutor in a
higher seii^c than the mere title of the cause would implv.
RieTs trial was empliatically a state trial. It leminds one of
the days (^f the l^arl of I-^ssex or of Lady Alice Lisle. This
tyrant's plea of state necessity was elotpientlv and noM\- de-
scribed by I'ranklin I'ierce, afterwards Piesidcnt of the I'nitetl
States, in a speech before the Federal Senate:
"Sir, tills demand of the iiaiion, — this plea of state of necessity, — let me
tell geiilleiiien, is a> old as the history of wrong and njipression. It has been
the standipi; plea, the never-failing resort of despotism.
"The great hiHus (aund it a convenient plea wIilmi he resorted the tii^nify
of the Roman Senate, Iml desuoyed its indi-peiiUeuie. It gave coumenancc to,
and justilied, all the atrocities of the Inijuisiiion in Spain. It forceil out the
stilled groans that issued from the Hlack Hole of ("alcutta. It was written in
tears upon the liridge of Sighs in X'enice. and pointed to those dark recesses
upon whose gloomy thresliolds there was never seen a returning footprint.
" It was thejiloa of the austrre and ambitious StralTord, in the days of Charles
I. li tilled the IJastile of France, and lent its sanction to the terrible atrocities
perpetrated there. It was this plea that snatched the mild, elocpieni and pa-
triotic Camille Desmoulins from his young and beautiful wife and hurried him
to the guillotine, with thousamls of others, ecpially unolVending and innocent.
It was upon this plea liiat the greatest of generals, if not men, -you cannot mis-
take me, — I mean him, the presence of whose very ashes, within the last fev/
months, sufticed to stir the hearts of a continent,— it was upon this plea that he
abjured the noble wife who had thrown light and gladness around his immbler
days, and, by her own lofty energies an<l high intellect, had encouraged his
aspirations. It was upon this plea that he committed that worst and nosl fatal
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71/ /'J liUtOD OF AllKL.
act of lii^> eventful life. Upon this, too, he drew around his person the imperial
purple. It has in all times, and in every aye, been the foe of liberty, and the
indispensable stay of usurjjation.
" Where were the chains of despotism ever thrown around the freedom of
speech and of the press but on this pleaof statk of NECKSsity? Let the spirit
of Charles X. and of his ministers answer.
" It is cold, selfish, heartless, and has always l)een rej^ardless of age, sex,
condition, services, or any of the incidents of life that appeal to patriotism or
humanity. Wherever its authority has been acknowledged, it has assailed men
who stood by their country when she needed strong arms and bold hearts, and
has assailed them when, maimed and disableil in her service, they could no
longer brandish a weapon in her defence. It has afilicted the feeble and de
pendent wife for the imaginary faults of the husband. It has stricken down
Innocence in its beauty, ^■outh in its freshness. Manhood in its vigor, and Age
in its leeljleness and decrepitude. '■■'^'
The trial began on the 2oth of July. The prisoner's eoiin-
sel made an abortive attempt to obtain a continuance for the
purpose of procurino^ testimony. One part of the testimony
described in the application was a certificate of Riers natural-
ization. An adjournment of one week was finally agreed
upon. The question of citizenship was afterwards Jtolally
ignored bv counsel and court.
Thomas D. Rambatit, of tiie New Yoi k bar, has written a
pamphlet of 167 pages. The oliject of the book is the an-
tithesis of this. This profoimd writer takes the trouble to
inform his readers that, preliminary to the trial of Riel, "No
coroner's iiKpiest had been held nor indictment fotmd by the
grand jury." What, in the, name of all that is mysterious,
would they hold a coroner's inquest upon in a case of high
treason! The hotly politic? Such ipiestions are fathomless
for ordinary mortals, and must be reserved for members of
the New York bar.
On the 2Sth day of Jidy the trial began in earnest. Coun-
sellor Osier opened on behalf of the Crown. The prosecu-
tion called fourteen witnesses, who testified as to the affair at
Duck Lake ami the battles of Fish Creek and Batoche.
CITI'/.ES' lilEL.
1(|-
Doctor \Villou<^hl))-, of Saskatoon, aiul Thomas Macka\ , of
Prince All)ert, were the chief witnesses to prove the aninuis
of Riel from declarations made liy him. (itneial Fiederick
D. Middleton and John \V. Astley were the chief witnesses
to prove RieTs leadership and direction of the rebellion.
There was mnch documentary evidence, amonuj other thinj^s
a letter in RiePs handwriting; found in I'oundniaker's.camp.
No proper foundation was laitl for the introduction of tliis
tlocument, its recei|)t hy Poundmaker not ha\in>j been shown.
When Robinson came to sum-up the case for the Crown he
made use of this lanofuage:
" My learned frieiui, Mr. Fitzpatrick, must have forgotten n hat i> line to a
prisoner when he clian^cd tho>^e who were acting for the Crown with some
warnitli for not Iiavini; called I'oundmaker to prove the receipt of that docu-
ment. He was good enough at the same time to say that those who were oor.-
liucting the case for the Crown were persons who understood (iiir jilay. It was
because we did understand fair play, because it would have been improjier tu
have called Poundmaker to swear to that, that we di'l not call him. If we had
attempted to put i'oundmaker in tlie box to prove the receipt of tiiis document
we should have been asking I'oundmaker to declare on his oath his own com
plicity in this rebellion, and Poundmaker would have said to us; 'I decline to
answer your (|uestions,' and any judge would have said to those wlio acted for
the ( 'rown : '( leutlemen, you had no business to put a man in tliat position.'
Now that is our answer on the part of tiie Crown to the charge that we didn't
call the prisoners to prove their own guilt out of their own muutli."
That is to say, when you can not lay the proper foundation
for the introduction of a document, von are entitled to |)ut it
in any way.
The Crown utterly failed to show that either Duck Lake,
Fi^h Creek or Hatoche were within the Realm of Her Maj-
esty. This was, probably, on tiie theory that Riel was a cit-
izen of (ireat Britain, and, conseijuently, the pioof of a venue
was not necessary. Several Crown witnesses testitied to
RiePs abuse of jirisoners. This was in contradiction of Lord
Melgimd, who wrote, that the half-breeds treated their pris-
oners well.* ■
* Article in the Nineteenth Century., August, 1885.
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When tlic CiDwii witness Nc^lin was l)einji^ cross-examined
the defendant interfered in tlie nianafiff Jiient of ilie case hy
his lawyers, ohjectinj^ to the plea of insanity. The court held,
that once he had counsel he could not interfere.
Counsellor (jreenshields opened on behalf of the prisoner.
His speech is said to have been an elo(|uent and exhaustive
history of the half-breed difficulties. The writer has never
been able to procure a copy of it. For same reason the i^oy-
ernment at Ottawa have excluded it from their published
documents. This reason is plain and clear. The tlefcnce
sought to show the state of affairs in the SasUatchew an val-
ley, the <i^rievances of the half-breeds, and-so-forth. This tes-
timony was excluded. The defence was compelled to fall
back upon the plea of insanity. Kiel's lawyers fought for
him at Kegina as bravely as did his half-breeds at Hatoche.
They called six witnesses to prove the prisoner's insanity.
One of these was Doctor Roy, who had treated Riel at
Beaujjort asylum. There was another expert called by the
prisoner^ counsel. Doctor Clarke. The defence restcil.
Then the Crown called seven witnesses to rebut the f>lea
of insanity. Rambaut insists that the preponderance of tes-
timony on this point was with the Crown. The rule, that
the greater nimiber of witnesses constitute the preponderance,
must be something jjeculiar to New York practice.
Counsellor Fit/patrick summed-up on behalf of the defend-
ant, probably iu as able a manner as the testiiriony would allow.
The prisoner was permitted to address the jury in his own
behalf. The address is thus described by the Sprivgjield
Rc-piiblican^xw the editorial, '' CV7«<r^/rt!'i- Condemned Traitor^''
before mentioned.
" If there was any favorable impression made at all upon the jiu), il was the
resuh of Kiel's own Ijearing and words. Wlien the evidence was all in he rose
and made a remarkaljle plea of over two hours. It was a unitjue thing in ora-
tory, his exordium consisting of an impressive prayer to Heaven to bless every-
body in the case, and liis peroration was short, logical and clever, he taking a
paper from his pocket after his long speecli and reailing deliberately. When
cirr/KN liiEL.
101
he sat cUnvn two of the jury were in teare, and of course all the women u eie.
He first paid his eloquent respects to his legal advisers for i<ronouncing him in-
sane, and then turning the case about and reviewing the refusal of the Domin-
ion government to protect tlio lialf-lireeds, he chargeil on the ministers lliem-
selves, — 'insanity,' lieadded, 'complicated with paralysis.' He said tli.it he had
two mothers — the one who nursed him and the Northwest, — neither of whom
woulil kill him. If there was any |)ower in this man facing his jury, it was all
contained in the patriotic sentiment of which he is the pictnres(iue embodiment
anil which prompted him to ailmil his treason in order to protect 'my people
in Saskatchewan.' liy the rules of discretion that govern men c-n solemn trial
for treason Louis Riel is wanting, just as common discretion was wanting in
the great Socratic trial. He affronted the court, the Dominion, the (.'alholic--,
the very men that were detailed to defend him, and in fact everybody but his
poor Metis nation. It was all madness, but the method of it will contirr/i his
fame in the Northwest. For stern, audacious assumption of dignity, what can
match his prayer to Heaven in behalf of all engaged in the trial, — 'Turn curi-
osity into calm interest. Amen I ' " •
Counsellor Robinson closed on behalf (tf the Crown. 11 i<
ackhess is the ablest argument against a plea of insanity ii
has ever been the author's jrood fortune to read. There is
one passage in his speech noteworthy because of its sophistry :
'•The Crown's witness, Charles Nolin, had testified: 'He [Kiel] spoke of
money, I think he said he \,.'.:.,cd 5io,(X)o or 815,000. The first time he
spoke about it he did not know of any particular plan to get it, at the same time
he told me that he wanted to claim an indemnity from the Canadian govern-
ment. He said that the Canadian government owed him about 5loo,(xio,
and then the question arose whom the persons were whom he would have
to talk to the government about the indemnity. Some time after that the pris-
oner told me that he had an interview with Father Andre and that he had made
jieace with the church, that since his airival in the country he had tried to sep-
arate the people from the clergy, that until that time he was at open war almost
with the clergy. He said that he went to the church with Father Andre and
in the presence of another priest and the lUessed Sacrament he had made peace,
and said that he would never again do anything against the clergy. F'ather
Andre told him he would use his influence with the government to olitain for
him SJ5,C)00. He said that he would be content with 8^^5,00x3 then and that he
would settle with the government himself for the balance of $lof),ooo. That
agreement took place at Prince Albert. The agreement took place at Saint
Laurent and then Father Andre went back to his mission at Prince Albert.' " f
''Strini^field Weekly Rcpuliliciui, August 7, 1SS5. |-(^)ueen r'. Kiel, p. 93.
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Father Andre- had testified:
" lie [Rid] said, ' Jf I am satisfied, the lialf-breeds will be.' I nuist Ixplain
this. This objection was made to him that even if the ^'overnment granted him
S,?5,ooo the half-i)reed question would remain the same, and he said in answer
to that, ' If I am satisfied, the half-breeds will be.' "*
Mr. Robinson coniinented as follows:
" Now, in this case there is one absolutely conclusive fact proved, about which
there can be no dispute, which is a complete answer to the defence of insanity,
i'liere is no i|uestion and no dis|nite of one thing, that the very essence of an
insane impulse is that it is imperviou.s to reason. The impulse of the insane
man is such that you do not reason him into it and therefore you cannot reason
him out of it. The moment ymi tind the impulse wiiich possesses a man yield-
ing to reason, force or any motive, that moment that ceases to lie an insane de-
lusion." . . . . . " Now, what are the facts here? We are
told that this man's controlling mania was a sense of his own importance and
])ower ; thai he was so possessed with ove"rweening vanity and insraie ambi-
tion, that the one thing that he was unal)le to resist, which in his own mind
justified all crimes and \\as an atonement for all guilt, was his own sense of
greatness and position and his power. Well, gentlemen, is it not a fact that he
expressly said that if he could get a certain sum of money he would give up this
power and this ambition and go away.'t
The best answer to this is a passage from the speech of
Honourable Edward Blake, tleli\ered in the House of Com-
mons, March 19th, 1SS6:
" In this connection I desire to say a word, and a word only, with reference
to a charge highly calculated, if true, to increase the guilt, so far as he was mor-
ally responsible, of Kiel. I refer to the charge of venality. I have already read
th.it' portion of tiie evidence of Nolin which shows the purpose to which this
man stated he would apply the money which he was al)out to get frt;m the (lov-
eniment — that he would apply it in starting a newspaper and in raising other
nationalities in the States, and to efl'ecting the prosecution of his designs. I say
th.Tl however jilainly that may appear to be a violet, a wickod, or a mad senti-
ment, it is utterly inconsistent with the charge of venality; it shows that this
was the mode which, in his disordered mind, he thought would be most etti-
cacious in order to accomplish the design for his people and for himself, as part
of his puqiose, which he entertained. Hut the very circumstance that he made
that statement to Nolin, to my mind proves that it is impossil)le that he could
have made the proposal for a venal purpose. 1 know perfectly the prejudices
which exist. I know how many men would like to ease their consciences by
* ()ueen v. Kiel, p. 1 13. t Epitome of Parliamentary Documents, etc., p. 202.
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saying: Oh, this was a base, and venal man. Hut it would be an net of hu-
miliating cowardice on the part of one who has formed another conclnsion on
this subject, to bend to such prejudices, and to allow a name which must ever
be deeply clouded and stained, to receive another cloud or stain, which he, at
any rate, in my judgment, does not deserve. Ikit 1 will add this, that 1 had ex
]iected to hear ere now from an honourable gentleman who was very intimately
associated with l.ouis Riel, who worked together with Louis Kiel in ;lif North-
West, his appreciation of that portion of the case. I have been toM a story — I
was told it by one who knew — on this subject. When the first intelligence came>
that he had asked the government for money, that he was going to sell the
cause, 'Well,' I said 'this is a most extraordinary thing; it entirely alters the
whole complexion of the case.' 'Oh, do not believe it,' said this gentleman
who knew. ' Well,' I said, ' I have reason to believe that he has asked for the
money.' ' Yes that is quite possil'le, he is quite convinced he has a claim, but
flepend upon it, 1 know that it is impos.sible that he can have .isktd for money
to deceive or betray his people, or that he would betray their cause. 1 know
all the events, which occurred when he was in the provincial government. I
know that at the time when he was in power there in iSoq-yo, when he had the
resources of the Hudson Hay Company at his command, his own family was in
a state of destitution, living down at their place, and he would not allow any
portion of what he called* public property to be sent to them at all, even '.o keep
them in life, and that same provisional council was obliged to secretly send
down a bag of flour or something of that kind to his mother, who had the charge
of the family, in order to keep them alive.' "
" An Honourable Member — Too thin."
"Mr. Blake — Somebody says, that it is too thin. I refer the honourable gentle-
men to the honourable member for I'rovencher (Mr. Royal) on that subject."*
Judge Richardson, in his charge to the jury, used the fol-
h>wing language:
" To as: ist you in your deliberations, let me draw your attention to some
points suggested to my mind by the evidence. You recollect the statements as
to the prisoner's appropriating property, and making prisoners of others simply
because they, to his idea, opposed him in his movements. It has been sug-
gested l»y the Crown, in reference to the $35,000, that it tends to show that this
was all a scheme of the prisoner's to put money in his own pocket. Ik that as
it may, one of the witnesses, Nolin speaks distinctly as to the 535,000, and on
that branch of his evidence we have his corroborated by the priest I'ather Andre
*This speech of the Liberal Leader is a masterpiece of its kind, an eloquent,
exhaustive and logical exposition of the Kiel ijuestion. At its close there is no
aspect of this awkward affair which is untouched ; and little remains to l)e said
upon the subject.
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Tin: ni.oan or a/i/jl
aiul further by Jackson. Tlicii yini have heard the evidence given by Captain
Vonnj; as to the conversaliims he iiad with the prisoner. Witness afitr w itne.ss
gave evidence as to \\ hat occurred in .March, at the tnne of tlie coninieiuenient
of this rebellion, .'^onie of ihcni speak of the prisoner being very irritable when
the .subject of religion \va.s i)rought up. It appears, however, that his irritability
had passed away when he was coming dt)wn with Captain Voung, as we do
not heai- anythintj of it then. Does tiiis show reasoning jiower?
" '1 hen at what date can you lix this insanity as having commenced? The
theory of the liefence li\es the insaniiv as having commenced only in March,
but threats of what he intended to do began in December. Admitting that the
insanity only commenced about the time of the breaking out of the rebellion,
what does seem strange to me is that these people who were about him, if they
had an insane man in their midst, that some of them had not the charity to go
before a magistrate and lay an information setting forth that there was an insane
man amongst them, and that a breach of the peace was liable to occur at any
moment, and that he should be taken care of. I only suggest that to you, not
that you are to take it as law, I merely suggest it to you as turning upon the
evidence." * , i
Such langu'tjTe as that addressed to the jiify froni the bench,
would Ipe enough to feverse a conviction in any state of the
Ainerican Union. It is not thi: fault of tlie judge so much as
of the infernal Englisli custom (xf the judge summing-tip tlie
e\Idence; that is, virtually telling the jury how to find.
After recei\ing the instructions of the court, the jury re-
tired to tleliherate, and while they were out the ]->risoner en-
gaged in prayer in the bo.x. lie sat upon each juryman's seat,
and prayed fervently; then he sprinkled the seats with holv
water. In a half-hour the jury returned a verdict of guilty,
with a recommendation to mercy. ^
Riel was asUed, as is usual, if he had anything to say why
the sentence of the law should not be pronounced u})on him.
He spoUe for two hours with much eloquence, reviewing his .
life, and the grievences of his race. But, as in such cases
generally, he offered no legal objection to the sentence. The
court then addressed the prisoner:
"Louis Kiel, after a long consideration of your case, in which you have been
defended with as great ability as I think any counsel could have defended you
* Epitome of Parliamentary Documents, pp. 211 and 212.
CITl/.ES in El..
tit
■n-
.ly
A ,
vitli. ycm have been fduiui hy a jury wlio have shown, I mi^ht ahnost .-^ay. ui\-
cxampleil patience, giiihy ol n crime, tlie im)si i)ernicii)Ui ami t;rcalest that nuiii
can cunniiit; you have been found guihy of hi^h treason, you have hoeu provc<i
to have let loose the tlooti gates Af rapine ami liloodsheii, you have, with sui. h
assistance as you hail in the >askatclu'«an country, managed to arouse the In-
dians and have i)roiight ruin and misery to many families wlioin if you had
simply left alone, were in comfort and many of them were on the road to atllu
eiice. For what you did, the remarks you have made form no excuse w hatever ;
for what you have done the la\\ rei|uiies you to answer.
" It i> true tliat tlie jury in merciful consideration, have asUed Iler Majesty
to give your case such merciful consitieration as she can hestow upon it. I had
almost forgotten that those who are defending you have placed in my iiands a
notice that tiie objection which they raised at the opening of the court must not
lie forgotten from the records, in order that, if they >ee lit, they may raise the
(luestion in the proper ].>lace. \ .at has been done ; but in spite of that ! can
not hold out any hope to you that you will succeed in getting entirely free, or
that Her Majesty will, after what you have been the cause of doing, open her
hand of clemency to you. For me, i h.ive only one more duty to jierforni ; that
is, to tell you what the .sentence of the law is upon you. I have, as I nuist, given
time to enable yourcaseto be heard. All I can suggest or jidvise you is to pre-
pare to meet your end ; that is all the advice or suggestion I can offer. It is my
jiainful duty to pass the sentence of the court upon you, and that is that you be
taken now from here to the police guard room at Kegina, which is the jail and
place from whence you came, and that you be kept there till the i^>th of .Sep-
tember next, and on the iSth of September next you be taken to the place a]>-
pointed for your execution and there be hanged by the neck till you are dead.
.\nd may f jod have mercy on your soul I"-
..V friend of Ricl writes the atilhor, on this part of the
trial :
" The judge's sentence was accompanied by remarks so brutal that they have
been .suppresJied from the ofticial record. See the reports of the contemporary
press." •
After the condemnatic^n of Riel an appeal was taken to the
eoiirt of Queen's Hench of Manitoba.
The errors assigned were it! siil)stance:
I. That the hiw giving a stipendiary magistrate, with a jus-
tice of the peace, and a jury of six power to try a prisoner
was contrary to J/rt-i^v/a Charta.
II. Tiiat the law required the information to he taken he-
. * (^ueen v. Riel, page i66.
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77//; II LOO I) OF Altr.L.
fore a stipendiary magistrate ami a justice of the peace, in-
stead of the stipendiary alone.
III. That the law re(iuirtHl the niaj^istrate to take the testi-
mony in wiitinji; and a short-hand reporter's notes were not
a compliance with the statute.
IV. Tliat the evidence was insufficient.
V. That the powers of the Dominion Parliament were
(lelefijated, not plenary; and their act was ultra vires.
John S. Ewart, I'rancis X. Lemieux and Charles Fit/pat-
rick appeared for Riel. His counsel demanded, that he l)e
hroujjjlit to VVinnij)eg, to he present in court, while the appeal
was heard, Init this iei|uest was denied.
Messrs. Robinson, Osier and Aikens, Queen's Counsellors,
appeared for the Crown. 'J'he conviction was sustained,
"^rhis ojjiiiion was delivered upon the 9th of September, just
nine days before the fatal day. The judjjes, Wallbrid<i;e,
Taylor and Killam, delivered separate opiniojis.
As this was a capital offense, the prisoner had the rijjjht to
})etition the Privy Counsel for an appeal. This was done,
and a respite was obtained for the purpose of presentinc^ the
l^etition. The proceed iti<ifs upon such appeal were conducted
by Messrs. Lemieux and Fitzpatrick of counsel for Riel. Tht-
petition was dated September 14. On the 24th of Octoher
an otlicial telegram announced that the appeal had been de-
nied.
The only hoj)e of the doomed man seemed now to rest
upon execiftive clemency on the part ot tlie Dominion (iov-
ernment, or interference on the part of the United vStates.
A reprieve was given till November. This was length-
ened until the 16th of that month, on the request of high ec-
clesiastical authority, the suspense in which the prisoner had
been kept having unfitted him for making the proper prepa-
ration for the great change before him.
The government at Ottawa had been engaged in a j)ro-
longed conspiracy, of six months duration, having for its ob-
!!
i rn/.i:s uniL. \\.\
jt'i:t llic ilcath of this num. Tlicy sonj^ht, h()\vc\cr. to i^^ivc
to their acts the colom of justice. ,\t the reiiuesi of Kiel's
friends, a commission was appointed to examine into the (|nes.
tion of his sanity. Tiiis commission was one not calcnhited
to favour the prisf)ner. It is true that (ieneral Middlelon, at
RiePs trial, testified to his sanit\ . Hut it must be remembered
that, althou<,Hi an exiellent judfi^c in military nnitteis, tiu- old
jjeneral had never distin<i^uished himself as a medical expert.
His judj^ment in cases of deceptive insanity, like nie<falomania,
is of little value, A man may be perfectly sane on every sub-
ject, save one, and it>sane upon tliat one. This is monomania,
a species of insanity reco<^ni/ed in the days of ShaUspere and
Cervantes. Every one knows the story related in the secoml
})art of Don (Quixote of the licentiate of O-^suna, confincil by
his friends in the mad-house at Seville. He was belicNed to
have been restored to reason, but, as he was Ieavin«j the asy-
lum, in a discomse with a fellow patient, he betrayed the con-
dition of the unrestored madman. I'he only testimony of
any even apparent value to the sanity of Riel was that of
Doctor Jukes. This ^jentleman, in effect, stated that Riel was
insane on "jjurely reli<ijious ([uestions bavin*; relation to what
may be called divine mysteries."
Such testimony shows the value of cross-examination. To
a person reading between the lines, it is plain that Jukes re-
•rarded Riel as a monomaniac, exactly what was contended
for on his behalf.
The ablest argument in favour of the theory of insanity,
and against the conduct of the goveinment, is the speech of
Honourable Kdward Blake, from which the author has al-
ready quoted. The argument is learned and exhaustive.
There can be no doubt that Riel, though ostensibly about
to be hanged for high treason, was really to suffer for the
" murder " of Scott. The Honourable John S. D. Thompson,
Minister of Justice, said uj)on this subject:
'• The policy of considering what the past history of the convict h;is been is
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one which i^ iccu^ni/cd. lot only in ilic |iini(ir(.: of cvciy triNuiial a<iiiiiiii»tcr-
inj,' criminal justice, Iml is icco^^ni/t'd l)y I'arlinmtnl as well."*
riu' Macdoiinhl y;(»\ n iniK'iit tried t») Mit-ak liclniul tlic mi*'-
(.rahlc Hiilitcifu^c tli;it K icTs ainnt'sfy was con(liti(»iial upon
lii^ icinainiii<; in haiiislinicnt li\c vcarn; that this had l)i«.ii
\i<)lati'(I, l)f(.ausc', (hiiiiij; hiscoiitiiKinciit at tla* Mcaiiport asy-
lull), he was not in liani^hiiKut. The- idea of a hiiiatic hrcak-
iii;^- a compact i^ too ahsiiiil to dt'seixc a serious answer.
The I'eace Soiietv of F.omlon had solicited Ilrr Majesty's
interference in vain.
The last hope was act.on l)\- the "government at W'ashinj^-
ton, IJayard, I'resiilent Clevehiiurs Secretary of State, had
slali'd that the ^oxernmcnt would not inter\ene ui\less asked
to do s().
'I'he irovernnieni lefused to iiuestigale the <jucstion of
J<iers citizenship.
Ranihaut, in a fool note, makes this statement :f
" I have Mot l)ecn al)le to ^'ol an autiientio statement upon this niattci (the
ciii/enshi|i of Kiel); Imt lion. Joseph Tasse, M.l'., editor /.n .1////,7t t-, has
wiiiten mc : 'I'liere lainuit lie the sliyiitcst lioulil of the fact that he became an
American dti/en.' "
Ml. Kanihatit could n(. ha\c made a very thoroiiy;h inves-
tiuation. lie savs:
" Finally he [Kiel] settled down as a scliool teacher at Sun River, Montana,
and in due time became an American citi/en.".|
Reference to a postal jjjtiide, kept at every postollice in the
I'nited .States, wouUl have revealed the fact, to the memher
of the New ^'ork har, that vSun River is in Lewis and Clarke
cotmty, and the further fact, that Helena is the shire town of
that coutity. v\ letter to the clerk /)f the Ignited States Court,
enclosinj^ one dollar, would ha\e heen hoiiotired with a certi-
fied copv o*f the record.
P)Ut this author is not distinj^uished for liis accuracy. He
savs that Kiel was hanged on the loth day of Novemher.^
* Speech in rarliament, delivered March 22,1886, page 16. f Page 159.
X I'a^e 150. ''/, I'a^e i5<).
ill i/.i:s i:ii:i..
II.'.
This writi'i iIcnoIcs st'\iM;il piij^f^ to K ii-l's imsi- KuisitU-ic'il
fiMin an niU-riKitiotcil st.'ni<l-p(iiiit. lie s:iys:
" I'Akin^ u|> ii'ivv tlii^- lcatiue'< «)rthe Ciiiie that liave lllo^l iiitercAt for lite siii
• lent of |i()litical st'ioncc, \vc notice, in the lir<«t plaic, tliat nltlion^h the alVidavit
of indii'inicnt wa>i evidently pie|iai»'d lu meet llic nlinciidn tli.il Kiel was a
nat\nali/i(i Ainciican lili/cn, and tlicittuic no ^utijicl of the <^>ufi'n, tlic coun-
sel on i'otli sides omitted all refrrcnce to this fact. It seems to lie generally
helieved tliat Kiel was nnturnli/cd duiinj; his residence in the I'nited States If
lliis 1)C true, tiierc can l>e no doul'i tli \t he ci-ascd ti> \»- a Mritisli suliject. The
eticct ot natiirnli/ati(<n, lon(^ n mooted >|ue.stion between tiie I'.n^lish and Amer-
ican ^uveiiiments, was delmitely settlvd l>y tlie treaty of iSyn. Kit! was ac-
cordin;;ly eiiiitleii lo the same protection which would be due in like case to n
native citi/en of the I nited States. When ii hccanii evident that Kiel was
ai)oMt tn l)e executed under sentence of the Canadian court, the rnilcd States
i;overnment was asketl to interfere in his behalf on ac>ount of his American
citi/enshi)) aci|uired during Ills rtsidime in Montana. In this matltr, Major
lidmond Mallet of Washin^jton, I >. ( '., acted for Kiel. He lias \erykinilly
wriuen nic a letter, in which he ^ucciiu ily narrates his ellorts in.Kiel -, behalf,
and the position taken by our t;overnment. He says: '1 lits-t consulted .Mr
JJnyard, and he look this position substantially:
," ' I. '1 hat it w.is not the duly of ihe government to ini|uire into the fact of
l\iol"s .\inerican citi/en.ship; and,
'"J. I iial the i;overnnicni covdd not interfere even if he was mi .\inerican
citi/en, either natural or adopted. If a case was brought to the attention of hi-
department, it would be examined into; but under no circumstances could the
L;overninent, he thout;ht, inlerfeie uidess it was shown conclusively that lie had
been discriniinated against iKirini,' his trial by reason of his .\merican citi/( n-
.ship.
"Wlien it became apparent to me llial the Canadian government had com-
mitted itself to the execution of Kiel, under the pressure brought to bear upon
it by the ( (range lodges of ( »ntario, I went to the President and appealcil to
him to prevent this judicial murder. I based my appeal on the loUowing
[grounds]:
"I. That Kiel was an American citi/en; that he had been indicted as a
liritish citi/en, his American citizenship having been entirely ignored, allhougl;
offer had been made to prove the fact by documents captured at the battle of
iiatoclie, and then in the (.'anadian government's hands; and that he had been
tried by a half jury of six men selected by the judge, and that judge was a mere
justice ol the peace.
" 2. That Kiel was insane, — and I offered testimony to that efTect, — and
" 3. I'hat the authority to put a human being to deatli for any cause what-
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soever is aol inlicrent in government, but is delcfjaled from C'khI, and that sucli
delegated power can be exercised only in certain lomlitiuns, such a> souiul
mind, etc. I'he President sei.mcd nnich interested in the case ; expressed him-
self in sympathy with what I told him; Init he considereil it a very L;rave matter
to interfere. .At Ia.st 1 asked that he send for Mr. Havard and the lUitish Min-
ister, and see if an amicble understanding could be made to save Kiel. Tiie
I'resident then said he would consult with the Secretary of State and see w liat
could he done.
" During the night of the same day the Associated Press announced tliat tiie
I'resident had been constrained t' decline interfering in the matter.
"The position taken by Secretary iJayarti lests on sound inlcnational law.
( >nr I'overnmcnt wouKI not have been justifieil in interfering in the maimer on
the basis of llic case presented 'o the Department of State, .\hhough Kiel was
a naturalized .\merican, he owed the <^ueen of Great liritain temporary alle-
giance while living within the borders of her realm, and he made himse'd lia'nle
foi breach of the criminal law of the land
'• Not only had the I'nited .States no right to interfere in Riels belialf, Inn
the Canadian court was in the right in ignoring Kiel's citizenship. It was ab-
solutely immaterial."
There i.^ little doiiht that thefe is a kinship hetweeii the
feelings of Afchiinedos as he jumped fioin the hath; of \e\v-
toii when the idea of his o^reatest iliscoverv dawned upon hi^
niind; of Colunihiis as he <2;a/ed, for the first time, upon San
Salvador, and the feelinjjfs of this judicial Colimilnis ,it the
time this forensic truism lirst illumitiateii his cranium, to-wit:
".Mlliough Kiel was a naturalized .\merican, he owed the (Jueen uf (ireat
Hritam temporary allegiance while 'iving within the borders of her realm, and
he made himself liable for breach of the criminal law of the land."
If this proposition was ever even the subject of serious de-
bate since the foundation of the work!, the writer is not aw are
of it.
Mr. Rambaut states another thing, which is imtrue. IM-
mond Mallet did not appear or act for Kiel,f who tiied in
complete ignorance of the fact that any effort, in his behalf,
had been made with the I'resident. Major Mallet was a clei k
*See pp. 159-161. f It is not meant to convey the idea that Major Mallet
made the only effort in Kiel's l)chalf with the government, lie made, however,
trie best presentation of the case.
/
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in the 'rieasuiy I)e[)artmciit. His coniimniications with tlie
I'resiilcMt ami Secretary Nvcie between a tfoveniment otlicial
aiui Iiis superiors; aiul were of a confitlential nature. Major
Mallet has since heen diicreetly reticent upor. the subject.
This is certaintv, however: the attention of Grover Clevelaiul
anil his prime minister were called to the case and their inter-
leicnce asUeil, anil thev declined to act. Comment will be
reserved for the close of this \ olnme.
Kiel had been thrice respiteil. In the bevy of moral cow-
anU \\ ho composed the cabinet at Ottawa, at cabinet meet-
iui^- held Septcndn'r loth, October 22d, and Novendier loth,
rcspeitivei\ . Ibit the pieparations for the execution contin-
ued. A\\y\ tlic da\- of his doom was at hand.*
Chief .Shci wood, of the Dominiim I'olice, arrived at Re-
tina upon a special train thce\enin<i" of the tlfteentli. Colonel
Irvine ;iiul Sheriff C'.iaplcau entered the doomed man's cell.
He anticipated their errand. '' ^'ou have come witli the <freat
anni'Miicement."' he said, lie thanked the sheiiff for his
kindness, and re([nesteil that his boilv be s^'ivcn to his friemls
to
lunied beside his father at Saint Boniface,
r
le s
hcrlff asked him if he had an\ wishes to convev as to
the (lisoi)>ititiu of his iiersonal estate or effect?
^^
'on cuc)\ rcplicil iv le
1 K
1 1
ia\ e onl v
th
IS, touchmu: his
breast aln)\ e tlie region of the heart.
This I yave to mv
ountrv liftcen \ ears atro, am
1 it
IS a
11
have to i-ixe now
le was asked as to his peace of mind and replied: '• I lo
UiT
a ,41) made mv peace with niy Ciod and am as prepared to die
now as 1 can be at an\ time."
I'ere Andre, his confessor, then aiiived.
Tlic sherit't read the death warrant which Sherwood had
hrouijht and left the doomed man with his spii'itual advisei'.
Kiel's prison life had set li'^htlv upon him. I'"'or years he
had been a total abstainer fioin alcoliol and tobacco, and his
■•■ I lit.' iiccouut of Kiel's lasi Iidmi-s and execution art drawn mostly from the
Associateil I'ress ilisjutches.
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diet had hccu most absteinious. His life-Ion;^ and {)r()\ crhial
urbanity had ikjI forsaken him in prison. lie had given iiis
captors no trouble.
Father Aiuh'e was ne\er absent from tiie iloomed mim's
side, from the reachng of the warrant till the fatal (hop.
They prayed together most fervently till three o'clock, when
Riel do/ed, and thiallv slept soundlv. In about two iiouis he
awoke, and from that time till eight, when the deatli-bell l)e-
gan to toll, he pra\ed almost continuously. At li\e o'clock
mass was said, and at se\ en the last sacrament was adminis-
tered.
The scaffold was extended from the rear of the south eiul
of the guard-room. It was twelve minutes past eiglit befoi'e
those having tickets from the sheriff were admitted to the
room. The prisoner was found kneeling upon the Hoor of
an upper room, from which iie was to step to the scaffold,
Arouiul him were members of the mounted police, Sheriff
Chapleau, Deputy Sheriff Gibson, as well as his spiritual ad-
visers, Fathers Andre and McWilliams. The ravs of the
early sun shone through the rime which covered the small
window. The prisoner knelt beside an open window , wliich
looked out upon the gallows. He wore a loose wf)olen
surtout, dannel shirt, trowsers anil moccasins.
Twentv minutes before tjoin": to the scaffold Riel wrote
tiie following in French, of which a close translation is given:
" Wliat tliere is too presumptuous in my wrilinjjs, I must say that l>y these
presents, I subordinate it entirely to the gooil pleasure of my Ood, to the doc.
trine of the church, and to the infallible decisions of the Supreme IVntift. I
die Catholic, and in the only true faitli.
" I.oins I)a\ ID KiKi..
" l6th Nov., 1S85. Retina Jail. "
He had before this written a touching letter to his mothei',
full of filial devotion.
At a qiunter past eight the doomed man received the notice
to proceed to the scaffold. He mounted the gallows, from
which he was never to descend alive, with the firmness of a
r/////;.v /.v/;a
U!)
Sc;i'\<)l:t ;uul the rcsiji^rialioii of ;i S<>cr;ites. Hi^ :inns were
pinioiieil hefore leaviii*^ the ^iiarcl-room. As he walked upon
the scaffold, he liinied his face from the spectators, and con-
timied prayinj^. Riel ralhed his confessor with, " Couia<;e,
pere,"" a(h'essin^ Father An{h"e. He was aihnonished h\' this
prjest, to pray for iiis enemies. He prayed for Sir John A.
Macdonald; liut added a petition, tliat Canada mi<j;ht soon i'c
dehveretl of his rei<rn.
Fatlier McWiUiams kissed Kiel, who said, •' I l)elie\e ^till
HI Uod.
"To tile last:" asked Father Aiuh-e.
" Ves the \er\ hist," answered Riel: " T lieliexe and trust in
II im. Sacred Heart of Jesus, have mercy upon me."
J)r. Jnkes shook hands .with the prisoner, who said in I'^n<^-
lish: "Thank vou, doctor." Then he continued: -^^f'sv/.s,
J/rtr/V, yoscp/i, asistcz- moi en re dernier mouieiitr
When he was ahout to take his place ni)on tiie drop the
Deputy Sheriff asked him, if he had anything to say.
"Shall 1 not say a few words?" he asked of his confessor.
" Xo," ([uickiy replied the priest, in French; "make this
your last sacrifice and you will he rewarded."
Riel tiien turned and remarked in En'^lish, " I have noih-
injjf more to say."
The cap was then drawn over his face, and the rope ad-
justed.
While these things were heing (U)ne he was given two min-
utes to pray. He hegan repeating the fater Xoster. At the
significant wordr. "/iV ne nos inditcas in tentatiotieni"'*^ the
hangman f sprang the holt, and the hody of the condemned
half-breed descended with a terrible crash. The fall of eight
*One account says, that Kiel's last words were " Mtiri, Jesii'' Another is.
that he fell while involving the Saints.
t It was claimed the hangman was one Jack Henderson, who was a prisoner
of Kiel's at Fort (iarry. Beggs hook, which purports to give the names of
Kiel's prisoners, does not mention him. See appendix I.
M'ly
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77//'; JiLOOlJ OF AH El.
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t
'\
feet, and the unusual vveij^ht of the man dislocated the neck.
For a second there was no movement. Then there followed a
slij^ht twitchin*^ of the muscles; and in two minutes the soul of
Louis Riel was in the jjresence of the Judge of All the Earth.
Durinji^ the terrihle ordeal the colour had not left RiePs
face, and there was not the Iremour of a inuscle. He literally
smiled in the face of death.
The hody was cut down ; the coroner's jury was empan-
eled hy Doctor Dodds, and a verdict of death hy hanjyin<^
rendered. The hair of the deceased was cut off one side of
both head and face. All the buttons torn off the coat; the
moccasins removed from the feet, and even the suspenders
cut into pieces, for persons to obtain mementos of the de-
ceased. He was placed in a plain deal cothn tf) await the
plans of the Government as to interment.
Tile cothn w as then nailed up, to be temporarily placed in
the buryin<2[-<^round attached to the barracks, penditif^ the
relatixes obtaininj^ permission to carry it to Saint IJoniface,
where it was afterwards interred.
The account of the execution apj)ended to Mercer Adam's
book states, that Riel kept up his courage by praying, thus
divertiiiir his thouiihts from tlie terrible death before him.
After blistering: his mendacious hand in a
vain attempt to
stamj) Riel with the l)rand of a mercenary and a coward, it is
hard foi- the Canadian to concede to him actual fortitude upon
th
e sea
ffol(
Ad
im, in
th
is case, credited it to a reliirion in
which he does not himself believe.
I'\)rtitude, in the hour of death, is oftener the result of the
iidierent i")ower of a human will than the solace of any re-
ligion, true or false. Socrates, Sir Thomas More, Rishop
Cranmer and Madame Roland met death witii ecjual fiim-
ness. These were, respective!}' Heathen, Catholic, Protest-
ant and Atheist. The pious legends about the death-b.ed
scenes of Paine and N'oltaire will not statid the test of investi-
ijfation.
( ITIZKS lit EL,
121
Danton, about to l>f guillotined, said : " My dwelling shall
soon l)c in anniliilation, but my name shiill live in the Pan-
theon of history." -Saint Paul, also about to be beheaded,
wrote to Timothy :
" For I am even now reatiy to be sacrificed : and the tiKie of my dissolution
is at liand. 1 have fought a <;ood fight ; 1 have finished my course ; I have
kept the failh. For the rest, there is laid up for me a crown of justice, which
liie Lord, the just Judge, will render to me at that day."
Who is there that, viewinc^ the death of these two men -
that is, the stern stoicism of the philosopher and |he sublime
faith of the Christian — would not exclaim in the word of Ba-
laam; '* Let mv soul die the death of the just, and let my
\a^\. end be like to them.*"
There was <_rreat indiijnation in Lower Canada at the death
of Kiel. Sir John A. AL'icdonald was binned in t;tVi^y in
Montreal. The infuriateil mob committed many acts which,
three coturies aoro, woidd have been accoimted treason. Lati-
mer and Kidley did iiot kiiulle such a lire at SmithHeld, as
tlid Riel at Regina. *
To pas> from the sublime, to somethin<^ else. Louis Riel,
like Louis Kossuth, lio^ured in the dej^raded world of fashion.
I'lie name of the niart\ r of Re<£ina ftuMiished an advertise-
ment for the hatter; and the ''Riel hat" was the fashion in the
Province of Quebec. "J'his reminds one of the hero of Auster-
litz being left to quarrel with Sir Hudson Lowe.
I>y far the most interesting view to Americans, is the one
taken from an international stanil-point.
The facts may be briefly summari/ed as follows: On the
loth day of October, iSyj, Amb'rose Lepine was capitally
con\icted t)f the murder of Scott, at the Manitoba assizes.
Louis Riel, a British sid>ject, having been indicted separately
for the same crime, and his principal being convicted, was
iuljudged to be in contempt in refusing to tiecome amenable
to the court; and on the 15111 of the same month, a j>rocess of
outlawrv was sued out, and a wari'ant was issued. On the
^
!
\\
III ^
122
'/'///•; IllAHJh OF MUIL.
1 2th (lay of February, 1875, Minnosty was graiitcil to Kiil on
condition of five years' hanishnicnt ; and ff)rfeituie of polit-
ical rights. I'ntil this lerni of banishment was ended Louis
Riel refused to become an American citi/.en. Eifjht \ ears
thereafter, on the sixteenth of March, i^N3, he became an
American citi/en by rej^ular naturalization. In the month of
July, uS8f\ he crossed the International boundary line for the
purpose of enjjfajj^inj"^ in a constitutional a<jitation, in the inter-
ests of British subjects, wjio maintained that they were bein<^
deprived of their j)roperty-ri<;hts in certain lands bv tb.e Can-
adian government, or with the permission of saiil <(o\ einment.
On the iSthday of March, iNSj, these people, under the kad-
ership of Louis liiel, abandoned constitutional aji^itation, and
took-up arms to secure their rif^htf;. In the suppression of
this re\ (dt, lire-arms were used and blood was shed.-* Three
encounters were liad wi^h Riel and his followers at Duck
Lake, Fish Creek and Batoche, respectively.
The defendant was arrai<(ned upon an information contain-
ing six counts. The hrst three charged, that the prisoner,
being a subject of the Queen, made war against Her Majesty
at Duck Lake, Fish Creek and Batoche, respectively. The
other three, charged that the prisoner, living at the time with-
in the Dominion of Canada and under the Queen's protection,
made war against Her Majesty at the same three places.
L'pon tlie trial, there was no venue pro\en. The judge, in
his charge, commented upon the eviilence, virtuallv telling
the jury how to find. The jury returned a general verdict t)f
guilty. Then followed the judgment and sentence of the
court. Upon appeal, the conviction was affirmed. Execu-
tive clemency was denied. The government of the United
States was asked to interfere, and refused to do so. Riel suf-
fercil the capital penalty at Regiua, November 16, 1S85.
It will l)e contended herein, that the government should
have interferetl in the case of Riel.
In describing the duty of the irovernment in a case like
CITIZHX I! I EL.
lii;^
Kiel's, the l;inguat>^e of ['resident Cleveland himself will be
employed:
" The watchful care and interest of this government over its citizens arc not
relin'iuished because they are j^one abroad, and if charged with a crime com-
mitted in the foreign land, a fair and open trial, conducted with a decent regard
for justice and humanity, will be demanded for them."*
" < )ut of thy own mouth I judge thee."t
I nder this rule laid down by the Presiilent, it was the ihity
of his administration to interfere, for the following reasons:
Pirst. Riel was not guilty of any act which could be con-
sidered treason, when laying the ([uestion of citizenship en-
tirely aside.
Second. Riel was tried upon the theory that he was a citi-
zen of (ireat Britain; and not of the United States.
Third. The ([uestion of the pristjuer's sanity or insanity-
was never fairly submitted to the jury.
Jwurt/i. There was misconduct of the court in instructing
the jui'y.
Fifth. There was a variance betwetMi the indictment and
the proof:
I. Waiving, for the nonce, the question of citizenship, Riel
was yet not guilty of an act amounting to treason. Xow,
what is treason? Treason, in a general sense, is a "breach of
allegiance." In a more restricted sense, it is "any act of hos-
tility against a state, committed by one who owes allegiance
to it." The last tlefinition is less accurate than the following:
" The offence of attempting to overthrow the government of
the state to which the offender owe>; allegiance, or of betray-
ing the state into the hands of a foreign power." The last'
definition includes the offence of assassinating the king, or
corrupting the queen. For in a monarchical form of govern-
ment, the king or tpieen is the personification of legitimate
sovereignty.* Consequently, any attempt to take the life of
the sovereign, or to corrupt the royal descent is an offence
* President Cleveland's message to Congress, December, iS86. fluke,
xix., 22. I Uui/.ot's History of Civilization.
iJi
\
I -'4
77//'; IIIJ)()I> OF AliKL.
I
11 *
t
M^;iiiist the state itself. The charjje of treason, for which
Kiel was hied and con\i(ted, was that of levyinj; war against
Her Majesty in her Reahn. This species of treason is
founded on a very old statute, passed in the reiu;n rf luKvard
[11. The lanj^uajj^e of that statute is as follows:
"VVIien a man do levy war aj^ainst our lord tlie king in his Realm, or he
adherent to the king's enemies in his Reahii, giving; them aid and comfort in
the Realm or elsewhere, and thereof i>e provahly attainted of open deed by the
people of their condition, that this shall be one ground upon which the party
accused of the oltence, and legally proven to have conimilted the otlence. shall
be held to be guilty of higli treason."
The provisit)n of the Constitution of the I'nited Slates
which defines treason, is a sidistantial copy of the old statute
of I'Ldward II 1. It is as follows: "Treason against the I'nited
States shall consist only in levying war against them, or in
adhering to their eriemies, giving them aid and comfort,"^
and-so-forth. The similaritv lietwixt the iMiglisJi statute and
the American constitutic^nal enactment renders the judicial in-
terpretation of the one of valtie in construing the other. Fort-
imately for the citizen, but unfortunately for the legal student,
tlie crime of treason has been a stranger to oin- jurisprudence.
The I'^nglish decisions arc of less value because tlie judges
held their positions tluring the royal pleasure, and royally
\\ as interested in maintaining its prerogative.
The histor\- of the law of treason is but the record of the
triumph of liberty over ilivine right — that bastard eigne of
priest-craft and kingcraft. L nder that abominahle despot-
ism which invented the /ecrctn rcp-is. it was treason to melt
down the statue of an emperor, after it was consecrateil ; 't was
adjudged treason. In the reign of Edward IV., a landlord,
who kept a iiotel with the sign of the crown, said he woidd
make his son heir of the crown, intending .an innocent pint.
For this he was hanged, drawn autl cpiartered; and his prcjs-
pective heir attainted. lit the same reign the king, while
hunting, killed a deer. The owner wished the tleer's horns
♦Constitution of the I'nited States, Article III., Section V .
( nr/.i:s /;//•;/,.
12.)
in the kiiij^'s stonuicli. I'or this offence he ^iifferoil death.
In the lei^n of the }>freiit " reformer," Hem y \' III., it w ;»•«
(lechired to lie treason ft)r a person to believe the kinj^'s mar-
riage with Atme of Cleves to he k.;al and valid. Where
there were two rivals for the throne the unsuccessful parti-
sans suffered death.
Jud|^e Brackenridjije says, that, durintf the contest between
the houses of Lancaster and York, Knj^land was, for years,
n(jthin<^ hut a (iolgotha. The detinition of treason is wliat
Macaulay says of the habeas corpus act — "one of the most
stringent checks which legislation ever imposed on tyranny."*
It is the only definition found in our finulamental law. The
fact is significant of the fear which our fathers had for this
dangerous plaything of tyrants. •
There are two offences which superficial and illogical
reasoners are apt to confound. These aie treason and riot.
Riot is defined thus: " A tumultuous disturbance of the |teace,
by three persons or more, assembling together of their own
authority with an intent mutually to assist one another, against
any one who shall oppose them, in the execution of some
enterprise of a private nature; and afterwartls actually exe-
cuting the same in a violent and turbulent manner, to the ter-
ror of the people, whether the act intended were lawful or
unlawful. ""I-
Treason has already been defined. It differs from riot in
this: the object of the traitorous proceechngs must be of
a public, anil not a private nature; in the particular species
of treason charged against Riel, there must be a levying of
war. The'c maybe a a assembly of armed men, who maybe
furnished with guns, rifles, pistols, bayonets and other weap-
ons; they may forcibly resist the conservators of the peace
and proceed to the last extremity. But still, unless the object
of the assembly be of a public or general nature, there is no
treason. The two offences of treason and riot have so many
t i
\
\\\
i M
! !
i
M'
i-.*(i
77//; lil.nol) or Mil: I..
inj^rcdiciits in (.•ominon, that one is often inist;ikeii for the otlicr.
We often read (»f pi'opU- assenihlinj^ toj^ether; lireakin^ open
a jail, and resistinjjj the au.thority of the sheriff, for tlie pur-
pose t)f lynchin<^ some ohnoxious criminal. Hnt tliis is not
levy iiijjf war. In the year 1863, several thonsaiul of the in-
hal)itants of New ^'ork City arose in a hotly in resistance of
conscription; they murdered nej^roes; burned an orphan asy-
hnn, and nearly mined the Trihunc oHice. \'et no one ever
dreamt of accnsinj^ these i)ien of treason. More th in a quarter
of a century a<j;o,the citizens of C'ahforniaorfj^anized themselves
into vifjjilance committees; and forciI)ly assumed the functions
of the c(Muts, But this was not iexyini; war. If such forced
constructions as have <^overned the ICnj^lish courts pre\ ailed,
tliere would he little safety for the subject. Such cramped
■M\i\ far-fetched constructions miji^ht convict any man (.A trea-
son. When a cliild, I listened to the following logic from the
chairman of the school-board, who was addressing the scholars :
" If you resist \ our teacher, you resist me; if you resist me,
\()u resist the sheriff; if you resist the sheriff, you resist the
militia of the state."* Is the child who rebels against the
teacher guilty of constructive treason? In this state, a few
years ago, the j)eoj>le of certain counties organized themselves
into bands fo' ihe alleged purpose of protecting their prop-
eitv, but for the jjractical purpose of hanging men accused of
horse-stealing. These men hail been obliged to sleep in their
horse-barns for years, to prevent their animals from being
stolen. This became monotonous; they thought the govern-
ment was insutricient; and they took the law in their own
hands. Without discussing the wisdom or jiolicy of this
course, I think no lawyer would risk his reputation in an effort
to cjbta'm a conviction of treason against those men. It was
held by five judges, that a rise of all the weavers in and about
I.(. Ion, for tiie purpose of destroying all engine-looms was
not treason. What then is the gravamen of the offence
* Edward I). Rand, of Lisbon, N. II., afterwards Circuit Judge.
■
riTi/.i:\ ini'.f..
l-_'7
of irciiNoiir It is tl\;it which must l)f the I'ssc-ntial in<;ri'(nfiit
<»f cviTs felony ;iiul cviiy inisdciucaiior, cxcrpt, ptihaps,
luiisjiK't', to-wit: the criminal intent (lcvch)|)C(l in a thrcct at-
tempt to (.-onimit the particular offence charyjed. j \H\\fc Mrack
enri(l«^e, the HlacUstone of I'ennsyh ania, says upon this sul>-
ject :
"I wouM in llic lii^t place lay aside 'coiistnictivo tioasuiis altoi^ellier, aii«l
coiitiiie the law to ;i direct attack upon tiie government, and in the second
place I \\*uld conthie it to an attack, (iiiiiiii sithi <)l,niii. Will it not l>e Ciuss
then to meditate the oveithrowinj,' the ijovernnienl, and j;o on to execnte it by
a resistance to a law, and hy risin^^* for indirect purposes, without a possibility
of making proof of an iviiiniis sithTcrfi'udi, or conspiracy to oveillirow ? l,et it
lie left to the jury to presume, or infer from the acts themselves, what the inten-
tion was ; but let it always be in view as the essence of the act, that there was a
directly looking forward in the mind of the person to a subversion of the gov
ernment, before it be construcleil treason. Kvery outrage, without this essential
ingredient may be repressed and jiunished under the idea of a riot, subjecting
to line, pillory, imprisonment, and hard labour. This will be more agreeable
to the common sense and feelings of mankind, who niu.st be .struck with a sense
that the outrage is a riot, but to whom it cannot be obvious that it was medi-
tated as an attempt upon the government itself, amounting to high treason. It
is only by deduction and inference, that it becomes so.""'
The reader will rememhcr that the Saskatchewan rebellion
was local only, and accordinjx to Lortl Melj^iind, the insur-
o^ents oidy sought to defend their homes against in\ asion.f
W'hv shoidd Riel and his followers he held ji^uilty of trea-
son for protectin<r themselves against land-thieves more than
the '-x i<:^ilantes" of Nebraska, who were defending their proji-
erty against the notorious Albert Wade and jiis gang of horse-
thieves- Is the difference l)etwcen real estate and personal
propertN' at the bottom of the distinction.' At common law,
a man who picked apples fiom his neighbour's trees without
his permission was guilty of a simple trespass; while he who
[kicked a windfall from the ground without lea\e was a thief,
because the apple on the tree was attached to the realty.
_- - . - - i
"■ Law Miscellanies, page 495. I Recent Rebellion in the North-West, A'iiit'-
tcmlh Century, August, 1SS5.
h
■
I;
i
ll'H
'/•///•; /I/, on/) OF Mti:i..
lleri' now coint's anotluT niiioiis novelty of law: Tlic man
who steps outside law to dffrnd his hoisc is guilty ')f rioi^
assault «)r, at worst, of niuidei. Ilut he who steps outside the
law to ilefend his home is j^uilty of treason. Why: Ilecause
his horse is personal property, and his home is real estate.
I'rofundity of lo{^icI There was once an astute mathema-
tician who tried to pro\ t- that the stmi of the anjjjies of an
isosceles triangle were e(|ual to two ri^ht anj^les by the music
of the spheres. There is a p;reat wei^jht of authorities ( ICnj;-
lish ) ajjainst the author's |)osition. lie a<!;reeswith Hrack-
enridj^e. The opinions of judges are not the law. They arc
simply the evidences of the law.
The oidy evidence that J<.iel intended anythinjjf amoimtinj;
to hi<^h treason was the wild statements made by him, as tes-
tified to by Doctor John II. VV'illou<(hby and others. Here
follows a portion of W'illouj^hby's testimony:
"(^. (jo our A. lle( RielJ made a statement as to ui)
knowledj^e of his rebellion, that is of the former rebellion in
1 S70, and he said that he was an American citi/en, livinj; in
Montana, and that the half-breeds had sent a deputation there-
to brin^ him to this country.
" (^. What else? A. That in asking him to come they ha<l
told him their plans, and he hail replied to them to the effect
that their plans were Ufleiess.
" Q. Did he say what the plans were? .\. ?'Io, I believe
not^ but that he had told them that he had plaris, and that if
they would assist him to carry out those pi ^ he would <^(>
with them.
" Q. Did he tell you what those plans were? A. ^'es, lie
did.*
" Q. What were they ? A. He said the time had now come
when those plans were mature; that his proclamation was at
Pembina, and that as soon as he struck the first blow here,
that proclamation would go forth and he was to be joined by
* A conlradiction.
( rn/.ES liiEi..
I'jii
had
•ffcct
h
licve
:it if
1(1 <4()
cs, lie
half-hieeils and Indian^, and that the I'tiitod Staten wan at his
I Kick.
" Q. Did he tell you anything; more? A. lie said that
knowinj^ hin-» and liis past histoi\, I niij^ht know that he
meant what he said.
" (^. Anythinji else? A. lie said that the time had conie
now when he was to ride this country or perish in the at-
tempt.
"Q. (jo on? A. We had a lonj? conversation then as to
the rijfhts of the half-l)reeds, and he laid-out his plans as to
the government of the country.
" Q. What did he say as to the government of the country?
A. They were to have a new go\ ernment in the North- West.
It was to be composed of Gotl-fearing men. They would
have no such I'arliament as the House at Ottawa.
" Q. Anything else? A. Then he stated how he intended
to divide the country into seven portions.
" Q. In what manner? A. It was to he dividetl into seven
jjortions, but as to who were to have the seven, I can not say.
" Q. Vou mean to say you can not say how these seven were
to be apportioned? A. Yes, lij' mentioned JJavarians, Poles,
Italians, Germans, Irish. There was to be a new Irelanil in
the North-West.
" Q. Anything more? Did he say anything more about
himself or his own plans? A. I recollect notliing further, at
the present time.
"Q. You say he referred to the previous rebellion of 1S70.
What did he say in regard to that? \. lie referred to that
and he said that that rebellion— the rebellion of fifteen vears
ago — would not be a patch upon this one."
Any man who will believe that Kiel ever uttered this lan-
guage, or, if he did, was serious in its utterance, must discredit
Riel's sanity. Such language, too, was inconsistent with his
subse(iuent comluct, and that of the half-breeds.
The reader will bear in mind, that the author is not the
9
; (
i
irhi
uw
rur /,7(M>/> ar Aurr
liiiiw M.uilonijiiU, \\ lu>s»> abiln\ .is ;» \onvtiiutional l.-u\ ncv is
OiMlainlv woUlu ot Uvos^uidon, was «ipo»lo«l ,is s;j> inj;, th;»t
tl\iMV \\'.u\ hccn no t'v i«I«mu «> jM>uhu'0\l to sl\i<\v th.il Ivii'Ts in-
toiuiou \\ .!•• t»> iU'pOM> ll\i' l^ui'ou. On Jl»i^ vonti.ii \ . lu- --.nil.
(h.it (JiM\ri.>l MuKlIolon h;ui tv^jvu ',i-,l (o t!»v- ;;i>\ ii nmi-nl, thai
ho »h"^v o\ ou>il Kicrs intention \\ .1-. to l.iki' hin\ ]>iisonri. .u\>l
hoKl hnn \\u{\\ the i;i>\ ri iin\<M\t >;i;u\teil thr hall ^u•^^l:^ their
iliMnanvis as lo Knuls. IMns was povilive jmooI. that 1\ \t'l havl
wo uiti-niuM* an»l nuuie no vUm»\;uuIs a^jainst ihei'iown. w huh
aloni'vvniUl n>nstitt>te hi;> h lioavo»\. It appeat^, t!>.il tlu'inivx
nni'\l \\\ V.\\\^\;\n\\ '\\\ ,ii>vu\j; juilnMuent \n the vase. ass»\nu\l
evn
that this tavt ha«l h».'»>n aih\ntte\l l>\ KieTs nMn\sol at lhiMn\u'
o\ thf twal. Kier>» aktion. stiti Nt\, Ma»'.lo\i;;aU. was >«in»pl\
a not. st.r.ti'vi m thv" h-^po that the i;o\iMnnunt wo\4lil hr lev!
to aeeo\vl the halt' huN-.l^ then iiijhls.*
\i
w 1 o\i
K' ''>
»e aiithoi IN lOijtent to«'iMi witl\ IMatv*.
II. \e\t.Kiel was liieJ njn>n tlu> (htoi \ . iluit \w w ;»s .»
eiti/en v't (.»>eat Hiit.nn, auvl not ot thv- I nittJ Si.iii-s. ,\s
het»Me stateil.the vpustion ot his viti. cM\<»lnp was totalU ii;«
lune*!, attiM the nu^tiou tor a eontinnanir w .is ihspi>seil oi.
rhon\a l>. Kanih.mt. " V\\. I
a\ s, thai the ^piestion
w.iswholU innu.ittM i.tl : In the wouU i>t v'^.uni .\ni;nstine,
" A\'W.» /i>i'#«A;. r.»».\.» rm/Ai.^f
It !>- tine that t»easo\»i\in he eommittevl h\ an .ilien, who is
:\ i\UMe vlei\i.en, or .» peison within the jiu isiiiition oi llu's»w
tMvtijtMx . tlu' only iveeption w hivh is eiHeil lo luinil, hein>.; in
li^eeaseot to«ei>;n .■in\lv»s>»avK>»s, juul ahen enenjies invailiui;
l\
\e eout\ti\
These tu>t. Iw lu'lion ot law, are eonsiileteil
as l>ein^ within the iniisilietiiM\ oi the so\ e\eii;ntv i\on\ w hieh
the\ ate aee) eiiiteil. Tlu- *.eev
>iul aie hut the sej\ .nu^ of tl
u*
so\eieii;nt\ ti> w hieh thix ow e i»llej;ianee.
So till as the e;ip;ihililv to eommit the vWteiKC oi Ireasoti is
* Ckt..ic.- .*>♦*».'.?. NovfittWrn, tSS-> MiUiary jrpiMl ot r.eneml Muhtlcion.
■ '
i in/r.\ a7a;/.
m
\\\\\ their is this ihstiuvlion : \\w ;»llfi;iaiu i- ot thi' iosliliM\( .»hcn
is tiM\>poi.u\ ; .iitU only »ont»um'N w hiU- hi- !■> »hMniv'»li'»l within
\\\c v\ninti \ . Hut [\w {ilK'j^i.iiu c ot \\\c v ili/tii is jui potual, tm-
Us> hi> «^\|>,itn.no hiiusi'lf, aiul .itl.uhos ti> hiiw w hru'\ or hci>li»\
hf, \N lu'lhiM in thi' s.uuU »>t S.il);U;io( in tl\o snows ot SihtMiit.
In .ill >n>iu'( uunls lot tuMs,M\ the allocation ot \i mu", as m
t!u> nitonnation as^aitist Kiil, is a ^iisionKUs alU>;;.»tion ; " At
t!u- Kh'.iUin known ;(s I'ish V. loi'k, in tho s.iul N«Mtl\ \\ i-st
TiMi itoi ii"s ot I'.ui.iihi, ;nul wilhm this UiMhti," aiul s»» |\Mtlu
Piohahls it tho tait »>t tho otton.Un 's v it>. onship ap|HMUil, tho
Ni'inu'WvMiM not ho i\uUotial.
l»nt, ii\ A oasi' in\ol\in;>, lifo oi !in\h. a fa^t twaloiial tv> tho
ostahhshn\ont ot i!»o >4i;i\an»tn o\ v<ist ot tho >'l"tonoo lan
haivU\ hoptrsunu^l a>;ainsi iho «loton«lant. It wouKl sooin,
that I'ithiM tl\o vili.'onship oi i!\i> \onni' wouKI \\.\\c to hi- i-s-
tahl
lsht"/l .IS A Ul.lttOI ot |M .Mt,
n
sahont ponn ot sjuh |>i oot, w onUl hi> tho oas\ ;nnl nalni.ilont
>o ladoi , hoinv.; I lio ntost
ml
n
\o»i" is not in tho w lioU' lovo
III ot K lol's t
I ial, o\w |ol oi
tittlo ol" pioot, th.il lio lOin mitt Oil a sii\i;lo o\ oi I .lot w ilhin tho
Koalin of I lot Ih ilannio MajostN . No l.iw \ oi w ill i laim, that
a v'lniit oonlil t.iUo iihlioial oovjiu.-anoo ot tlu* faot. that i wiKI
stio.iin iinunni" thioui'h a ra\ mo \\ as wiihin tho \inno
l.iul
in tho iiulivtinont. Tho lawwns who i oil tho oanso .it Ko
i^inawoio not tools, anil tho only tational ptosumption is, that
thoy woio pioioi'iliii';- upon thi" assumption, that Kiol was a
iiti. on ot" V '.in.iila.
It van n»>t ho oontoniloil that tho Dominion ^mornmont
piooooiloil \ipon tlio thooiv ot' " onoo a iiti/on, ilw.us ;» oiti
.en." l'\n this lolii ot toviilalism is, lon^ suui", ovpKuloi!.
Tho riiiht o{ o\p iti iation,so lonv; oontoiulcil foi h\ Ami-iioa,
w as oonooiloil h\ iiuat Hiitain in tho troat) ol i.S-o.* It has
boon aiknoyyloilj^otl h\ tho nalions of oontmonujl F-iiiopc ^^llcc
tho I'lonoh KoNolntion.f
* IVitci Nlomc on v'iiuciislnp, f li'i'^h
i I
1
HUritfiaiiHUM*
I
I I
132
7//7<; BLOOD OF An EL.
It may be contended on behalf of President Cleveland,
that, as Riel's counsel never urj^ed the question of his citizen-
ship at the trial, and as he never himself petitioned the United
Sta;es government, the government was justified in refus-
ing to even examine into the cjuestion of his naturalization.
This is too absurd for serious refutation. Such a rule
would have left Martin Koszta to imprisonment and death.
If the Greeks of Homer had acted upon such a theory,
they would have been deaf to the " groans and cries of
Helen."
HI. The point as to Kiel's insanity was never fairly sub-
mitted to the jury. He was tried under the old rule, which
pres'ailed in England, that upon the question of sanity or in-
sani*:y, the burden is upon the defendant. This is the rule
which prevails in most of the states of the American L nion;
and there is nothing particularly cruel about it.
It was shown, that Riel had once been insane. There can
be no doubt upon this point, lie was afflicted \vith a most
peculiarly deceptive form of insanity. I further appeared,
that, at th.e time of the commi sion of the acts c"om[)lained-of,
tiie defendant exhibited the same symptoms which were dis-
covered at the period of his former allliction.
Such a state of facts established, the most careful and pains-
taking inciuiry was demantled; the thorough sifting of the
facts, and the scrupulous weighing of the proofs. The only
witness whose testimony was of any value was Doctor Roy.
He unhesl^ntingly pronounced Riel insane. The others had
only a few hours' examination upon which to base an opinion
which it required months to form with any degree of cer-
tainty. After the verdict, the government sought to bolster
it up with a batch of cx-parte certificates. It is needless to
write upon the value of cx-partc testimony, even where the
witness is under oath. Cross-examination, as every lawyer
knowF, is the great discoverer of falsehood.
IV. The misconduct of the court, in commenting upon the
CITIZEN III EI..
i;w
testimony, has already been spoken of, in the account of the
trial.*
V. There v\asa material variance l)et\veen the ip.for Hiailo;^.
and the proofs.
Each count of the information, upon which Kiel was con-
ilemned, contained the foUowinj)^ allegation: *' Together with
diveis false traitors, to the said Alexander Davitl Stewart un-
known," and-so-forth.
Upon this method of pleading, that is, describing a person
in an indictment as unknown, Mr. Bishop says:
" Suppose it turns out on the evidence that the grand jury were wilfully igno-
rant, and might have known the name if they had chosen; then, the reason on
vvhi-'h this form o( theallttjation is allowed, failing, the allegation itself will 1*^
held on the trial to be insuHlcient, or to be insufficiently sustained by the proofs
adduced. As observed in an English case, 'The want of description is only
excused when the name cannot be known.' In other words, since the doctrine
which allows this forn'. uf ih*^ allegation rests on necessity, it can be sustained
no further than it.> foundation extends. "f
This certainly would be necessary in a trial for high trea-
son, a crime which, as everv lawver knows, is, like riot and
conspiracy, iinpossible for one man to commit alone. It is
impossible to l)elie\'e that Alexander David Stewart had not
heard of Gabriel Dumont and other half-breeds engaged with
Riel. Tlie variance was fatal.
In speaking of President Clevelanil, the writer will be
mindful of the facts, that that man is, at present, the repre-
sentative of over fift}' millions of people; that the citizens
who have chosen him as their staiulard-bearer, are the au-
thor's coimtr\'men; and constitute, presumabK, one of the
most enliglitened nations under heaven; that before being
called to this high position, he had been Governor of the
great state of New York, receiving, upon his election to
that oilice, the largest relative, if not aiisolute majority, of
any candidate in the history of our country; that when
elected to the presidential chair, Mr. Cleveland \\ as an im-
*Page no, this volume, f Criminal Procedure, Vol. I., page 335.
W*
V,i4
THE BLOOD OF ABEL.
known man, whose demise wouUl hardly have caused a local
sensation, while his opponent was a man really illustrious;
that when elected president his competitor was one of the
most famous men in America, with large experience in public
affairs.
In commenting upon the otHcial conduct of the Secretary
of State, the writer will try to bury personal prejudice, and
forget, that it was Thomas F. Bayard who said, that Philip
IT. Sheridan was unfit to breathe the free air of a republic.
'' Thou shalt not speak evil of the prince (jf thy people,"
is the writer's scriptural motto.
An ancient sage was once asked what was the best form
of government. He answered, in; substance, that that form
of government was the best which treated an injury to the
meanest citizen as a wrong to the state itself. A more accu-
rate definition could not be framt'd.
The excellence of a government is in its substance and not
its form. A demagogue elevated to power by an ignorant
and clamouring mob, is hardly preferable to the despot ruling
by the ancient fiction of divine right.
The pages of the Pentateucii and Iliad, as well as the col-
umns of the mfxiern newspaper, bear testimony to the will-
ingness of a good government to protect the rights of its cit-
izens.
At the time of the expedition of the four kings. Lot, the
nephew of Abraham, was taken prisoner. In those patri-
archal days the family was the state. The story is told in the
XIV. chapter of Genesis, and it is impossible to improve upon
the simplicity of the sacred narrative:
" When Ahrain had heard, to-wit, that his brotlier Lot was taken, he num-
bered of the servants born in his house, three hundred and eighteen well ap-
pointed: and pursued iheni to Dan. And dividing his company, he rushed
upon tliem in the night, and defeated them, and pursued them as far as Ilobah,
which is on the left hand of Damascus, And he brought back all tlie sub-
stance, and Lot his brother with his substance, the women also and the people.
And the King of Sodom went out to meet him after he relumed from the
CJTl/JLX HI EL.
13.">
i
J slaughter of Cliodorlahomor, ami of the kiii^s that were with him in the vale of
Save, which is the King's vale. But Melchisedech, the Kin<; of Salem, bring-
ing forth bread rnd wine, for he was the Priest of the most high (iod, blessed
him, and said : Ulessed be Abram Ijy the r.>osl high Clod, who created heaven
and earth. .\nd lilessed be the most high (jod, by whose protection the ene-
mies are in thy hands. And he gave him the tithes of all. And the King of
Sodom said to Al)ram . Give me the persons and the rest take to thyself. And
he answered him: I lift up my hand to the Lord (Iod, the most high, the pos-
sessor of heaven and earth, that from the very woof-thread unto the shoe-latchet,
I will not take of any things that are thine, lest thou say: I have enriched
Abram: except suth things as the young men have eaten, and the shares of the
men that came with me, Aner, Kscol and Maiiibre: these shall take their sliares."
The Mesopotaiiiiati consiclerecl an iiijiify done to one of his
kin as an injury to the patriarchal state itself.
Paul was apprehended upon the charge of sedition and sac-
rilege. He was bound with thongs, and the torturer's lash
was about to be administered, when the intimation that the
prisoner was a Roman citizen stayed the uplifted hand. The
words: Civis Rotnanjis sum^ had such jjower that even a poor
tent-maker, in an obscure province of the Roman Empire,
could, by their single utterance, save hiinself from the igno-
minious discipline of the scourge.
An insult to the humblest of Rome's citizens was a wrong
to the Empire itself.
Turning from scriptural to classic tale, we read of the story
of the Grecian Helen, carried off by Paris, the libertine prince
of Troy. This rape of Helen was considered, by the whole
Achaian race, as an insult, not only to Sparta, whose queen
she was, but to Thessalians and Epirots aitd Argives alike.
The Greeks fitted out an array of 1,200 vessels, and 100,000
men.
This great fleet set sail; but the first time they mistook a
part of the Asiatic coast called Teuthrania, for the plains of
Troy; and, a storm arising, they were driven back upon the
Grecian coast. The scattered fleet was collected at Aulis,
upon the coast of Greece. Agamemnon, according to the
legend, is informed, that the expedition cannot proceed unless
N
I 1
i^
S 1^
ft I
lt.ft
r;5(i
THE BLOOD OF AUFL.
his (laugher Iphi<;ciiia is sacrillccd to the jj[0(ls. So sacred
were the rights of a Grecian, that a \ irj^in's l)lo()(l was not
too dear a price to he paid for the ransom of the capti\e
princess. Better the death of one woman than the ilishonour
(»f another.
An injnry done to a frail woman was an insult, not only
to her nation, hut to the entire race.
In the year 1847 there lived at Athens a Portu<^uese Jew,
named Don Pacifico, This man was a native of Gihraltar,
hence, hy accident, a native-horn suhject of her Britannic
Majesty. It had heen customary amon<^st the Greeks to cel-
ehrate l£aster by hurninij an effij^y of Judas Iscariot. But
that year the police had heen commanded to prevent it. The
disappointed rahhle charj^^ed this to the secret iulhience of the
Jews. Boor Don Pacitico happened to live near the spot
where the imaginary Judas was annually burned. The un-
fortunate Hebrew, heinjj^ the handiest thin*(, was selected by
the mob as the devoted object of their wrath. Don Pacifico
claimed an indemnity of nearly thirtv-two thousanil pounds.
Lord Palmerston was at the head of the foreign olhce. He
demanded an immediate settlement. Palmerston became pos-
sessed of the idea that the French government was interfer-
ing against the claim of Don Pacilico. This nearly invohed
England in a war with France. Finally Sir William Parker
was ordered to Athens for the purpose of obtaining satisfac-
tion. Failing in this, the Admiral blockaded the Piraeeus.
The Greek government appealed to France ami Russia, as
powers joined with England in a treaty io protect the inde-
pemlence of Greece. The powers complained that they had
not been consulted in the affair, when they were told, in dip-
lomatic language, to mind their own business. During this
controversy Lord Stanley introduced resolutions of censure
upon the ministry. They were carried in the Upper House.
Mr. Roebuck introduced a contrary resolution in the Lower
House. This led to one of the most remarkable 'del)ates on
. l!
i'lTIZEX lUEL.
\m
record, in which Sir Alexander Cockhurn made liis reputa-
tion in support of Pahnerston. 'The minister triumphed, and
the right of a despised Israehte to the protection of the tlat;
under which he was horn was estal)Hshed.
Thus was an injury to a Portu<juese Jew ( surelv not hetter
than an educated iialf-breed) considered an insult to the hon-
our of a Christian state.
In the year 1864, Theodore, the Kin«j of Abyssinia, im-
prisoned Captain Cameron, a citi/en of Great Britain. Two
years later he was released on the demand of the foreijjjn
office; but was again remanded to prison. A second demand
from the (^ueen met with no res])onse. The l^ritish govern-
ment fitted-out, at Bombay, an army of |,ooo English troops
and S,ooo sepoys under Sir Robert Napier. They landed at
Annelsey Bay. The}' marched through the pass of Senafe?
and through four hundred miles of desert waste and proceeded
to jMagdala. They stormed that mountain fortress, set their
captive coimtryman at lil>erty; and "planted the standard of
Saint (xeorge on the mountains of Rasselas."*
All this for the release of ^m obscure subject whose name
would have been unknown to fame, but for the fact, that his
Queen deemed his imprisonment an insult to Her Majesty.
AV'ho of us Americans has not felt his heart swell with pride
at the tale of Martin Kosztaj and Captain Ingraham. We
can almost forgive Duncan Ingraham for his subsequent trea-
son, in view of his plucky contluct at .Smyrna. The tale is
familiar to every school-boy.
Kostza was a Hungarian who had been engaged in the re-
be^lion of 18 |S. Subsequently, in Xew York, he had de-
clared his intention of becoming an American citizen. He
afterwards went to Smyrna, where he was seized by some
persons in the employment of the Austrian consul. Koszta
* Disraeli's speech in Parliament upon the ele\ alion of Sir Robert Napier to
the peeraj^e, as I'aron Napier of Maj^dala. t Porter Mor-;e on Citizenship, pp.
68-70, loS, 244.
I I'
t 1/
it
las
THE BLOOD OF AliEL.
was taken out into the harbour, and thrown overboard. He
was picked up by an Austrian mati-of-war, and hekl a jiris-
oner. The l/nited States consul remonstrated in vain.
The United States sloop-of-war Saint Louis, Captain Dun-
can N. Ingraham was in the harbour. The chivalrous com-
mander instantly demanded Kos/ta's release. Upon beiuf;^
refused, he cleared his vessel for action, when the Austrian
commander deemed it prudent to yield. Kos/.ta was given up;
and shijjped to the United States. W^illiam L. Marcy, the then
Secretary of State, under President Pierce, sustained Captain
Ingraham's actioti, in a diplomatic correspondence with M.
IIulseman,the charge iV affaires of Austria.
We had a government then. Let it be remembered that
Koszta had Hed a fugitive from Austria; and while under
ban, he had simply declared his intention of becoming an
American citizen. Yet so jealous was Pierce's administration
of the rights of Americans, that an injury done to one who
only intended to become an American citizen was a wrong
to the state itself.
Mr. Blaine, while Secretary of State, refused to allow a
certilicate of naturalization from an American court to be
even questioned in a proceeding upon the arl)itration of a
claim to indemnity for injury done to the jjroperty of an
American citizen in Cuba.* This position was thought to be
an extreme and an illegal one. But better, a thousantl to one,
such an error than the crime of allowing an American citizen
to be hanged i.lmost in sight of our border.
The inconsistency of the foreign policy of the present ad-
ministration is discerned by a comparison between the case of
Louis Riel and that of Augustus K. Cutting. f
Cutting was a strolling renegade; a homeless, houseless vag-
abond, lie followed the business of a printer, and belonged
to a class with which every one is acquainted — miserable
* In re Buzzi against Spain. | Foreign Relations of the United States, 1886,
pp. 691-708,
LlTIZEy lUEL.
139
leeches, who frequent small towns and, callinjjj themselves
cilitors, eke out a precarious existence by levying blackmail
upon respectable citizens, and periodically nauscatinji^ the puli-
lic taste with printed sheets full of false syntax, poor orthog-
raphy and worse typo<;raphy.
This man was livin*^ at Paso del Norte, Mexico, a place
famous as bein<^, for a lonjy time, the seat of the Juarez, gov-
ernment; the spot where that jioble patriot made his last
stand, and refused to abandon Mexican soil.
A gentleman, by the name of Emigdio Medina, purposed
starting another newspaper in tiie same town, which he had a
right to do. For this crime Cutting abused him through the
columns of his paper. El Centincla, For this libel Cutting
was brought before the Mexican court. I 'nder the law when
the parties agree to and sign a reconciliation the case is tlis-
niissed, which was dene in this instance, Mr. Cutting being
rec[uired by the court to publish it in his paper, wjiich he did.
On the iSth day of June, 1886, Cutting crossed the river to
El Paso, Texas, and published the following disgusting piece
of solecism in the El Paso IJerald:
"ADVERTISEMENT.— A CARD."
"El Paso, T^x-.y^o/e- y<S", /<S'6'6.
" To Emi^dio Afeiiitta, of Paso del Norte:
"In a late issue of El Centincla, pulilished in Paso del Norte, Mexico, I made
the a.s.seition that Emigdio Medina was a 'fraud,' and that the Spanish news-
paper he proposed to issue in Paso del Norte was a scheme to swindle adver-
tisers, etc. This morning said Medina took the maUer to a Mexican court,
where I was forced to sign a • reconciliation.' ^
" Now, I do hereby reiterate my original assertion, that said Emigdio Medina
is a ' fraud,' and add • dead-beat ' to the same. Also, that his taking advantage
of the Mexican law and iorcing me to a*' reconciliation' was contemptible and
cowardly and in keeping with the odorous reputation of said Emigdio Medina.
And shoulu said Emigdio Medina desire * American' satisfaction for this reitera-
tion, I will bo pleased to grant him all he may desire, at any time, in any man-
ner." "A. K. CurriNo."
The libel was circulated in El Paso del Norte, on the Mex-
ican side of the river. For this offence Cutting was arrested.
'•
4(1
Till-: liLohi) or Mii:f,.
fi
',
He was Inst cli:ir<;cil utulcr a law, peculiar to Mexico,
which presumes to mete out justice for offences a<^ainst Mex-
ican citizens committed on a foreij^n soil. Hut the complaint
was afterwards amended to include the publication of the !il)el
in Mexico. S(j the charfje was then similar in the natme of
its duplicity to that [^referred a<]fainst Kiel.
The histor\ of the tlisirustinj; nonsense which followed is
familiar to the world. Our j^overnment incurred thousands
of dollars of useless expense in behalf 'of a i^ipsy printer \s ho
^ot no more than his deserts. Sed<;wick, tJie disciple of
Hacchus, way sent to Mexico to impress Mexicans with tlie
idea that himself and Cuttini; were specimens c)f American
manhood. The president made Cuttinj^'s case a subject of
special mention in his message to Conji^ress. Jiut the whole
affair ended without a sinjjjle concession on the part of Mexico.
Contrast the two: Riel, who refused to l)ecome an Amer-
ican citizen while he was under the sentence of banishment,
was not deemed worthy of even ha\ in<^ the cjuestion of liis
citizenship investij^ated. While Cuttin<j^, who sneaked behintl
his American citizenship to protect himself in the commission
of a crime, was worthy of the most Herculean efforts of our
^^overnment in his behalf.
The reader will recall the fact that on the 19th day of June,
1867, Maximilian was shot at C^ueretaro. Histloom was just.
Maximilian vvas nothing but a common land-pirate, iiy the
infamous iilack Decree of October 3, 1S65, he repealed the
laws of civilizetl warfare. It treated the republicans as bandits
and allowed of no appeal. No record of the transaction was
made, except the execution. The shooting of Thomas Scott,
viewed from an Orangeman's stand-point, pales into tender
mercv beside the wholesale butchery of the Austrian. The
instrument of this cruelty was Leonard Marquez, the perpe-
trator of the massacre of Tacubaya. The name of this blocxl-
thirsty wretch should be written with those of Caligula and
Ivan the Terrible.
^ 1
tiri/J'LX RIKL.
141
Yet when Maximilian was shot a wail of pity went from
this broad land. ** Po')r C«rlotta! ". was upon every tonj^iie.
And why vva<- this? Maximilian was a prince. He was,
with one exception, the relative of every crowned head in
Europe; cousin to V^ictoria, and brother to Francis Joseph.
We Americans are not rid of that damnable fiction of priest-
craft and kinj:(-craft. " Whatever pleases the I'rince is rit^ht."
In Home it was called lex regis ; in I<.ussia they call it "'divine
right."
If Maximilian had a wife, so had Riel. Carlotta went mad;
Kiel's wife, upon hearing the verdict, fled to the wiltlerness,
and with ditliculty was brought back, and after his death fol-
lowed him to the grave, dying of a broken heart.
Riel deserved the sympathy of all freemen, but diil not re-
ceive it. Maximilian merited his doom, but was the object
of undesei'ved pity.
This little book is not written with the expectation that
President Cleveland will ever read it, or, if he did, that lie
would ever comprehend it. Cleveland is called a man of
destiny. Me has met, in his life, with a single misfortune.
It was his defeat for the otbce of County Attorney of Erie
county. Ilail he been elected to that oilice, he might have
learned sullicient law to have uiulerstood that, in a criminal
case, the venue is a very material part of the proof and intlis-
pensible to a conviction.
It is the boast of this republic that all men are free ■.xw'X
equal; that the most lowly born amojig us can aspire to su-
perlative political honours. W^e declaim of the Mill-iJov of
the Slashes, and of the Illinois rail-splitter, who landed in
the White House. Put Clay and Lincoln were men who
had been schooled by long experience in public affairs. The
career of each of these men i- as the growth of the oak, not
the rise of the rocket.
Josephus tells a tale which carries its moral with it. It is
an account of the election of the last of the high priests.
1 '
! I
I
i I
\
I4ii
'/'///•; IUJK>1> OF m:i:i..
?>'
Tlie f^lory h:nl dcpiirtcd fioni Jcrusalcni ; ;im(I Ichalxxl was
written upon Iut walls. The account is the satl sloi)- of the
(le^iachition of a people:
"lieiciipon tliey sent ior one of tlic ixmtiflcAl trihos, which is cnlleil
Kniachiin and cast lots whicli of it should be the hi^jh priest. Hy fortune, the
lot so tell as to demonstrate their iui'juity after the plainest manner, for it fell
ii|ion one whose name was I'iiannias, the son of Sainuel, of tlu' villaj;e Aplitlia.
lie was a man not only unworthy of the hijjiipricsthood, lint tiial ^\\^\ not know
well what hi^jh-priesthood was : such a mere rustic was he! Net did they hail
this man, without his own consent, out ol the country, as if they were aciinjj a
play u])on the stage, and adorned him with a counterfeit face; they also put
upon him the sacred garments, and upon every occasion instructed liim what
he was to do. This horrid i)iece of wickedness was .sport and pastime with
them, but occasioned the other priests, who at a distance saw their law made a
jest of, to shed tears and sorely lament the dissolution of such a sacred dii^nity."*
There is an old proverh: "Put a beijfjijar on iiorseback,
and inito the de\ il he will ride."
* Wars of the Jews, Book IV., Chapter III.
; H
SOSDIM FISls}
! n
"+^
\
Appendices.
*
i I
■\l\
: I
Ifi';
I' i
m i
-rr~
Arri:xi)/x i.
146
APPENDIX A
ACKNOWLEDGMENTS.
ICCiNFl"'SS m^•^c•lf no ler oMi<j;;itioMs to the fnUow In*;-
n. until j^ontloim-u f' . valuablo aiil ami assistance ii\ the
completion of this woik:
FOK riiBI.R- liori'MKNTS.
To 1 lonouiahle C'li aui.is 11. V an \\" ytk, Nebraska City;
Honourable C"iiAui.i:s \'\ Mandkiison, Omaha, Nebraska;
to my to^vn^man, Honourable I'^owAuu K, \' ai.kn iink ;
(tKOKiiK W. lU'KHKincE, Sir Fukdkkick I). Minoi.KT(i\ ami
Hkn.ianun Sri. IK of Ottawa, Camula; Honourable I'^invAKO
Mi.AKK aiul JAMKs Haink A: S(>\, of 'I'oronto, Canmla.
l't>K lACl'S.
To Sir FuKuicuu K H. Mipoi.k ion, before named ; Hon-
ourable Hi't.M l< u II VKOSON, o{ Re«^ina; joskimi Kn:i,
bri>ther of Louis, who writes frt>m Saint X'ital, Manitoba;
The Most Reveieml Ai.i;x andku ANroNix Taciik, Arch-
bishop i>f Saint IJoniface, aiul Father Kunsiku, the assistant
of my friend and pastor, the Kevereiul Joskimi Kiksim;,
pastor of Saint Mary's church, West Point.
For kiiul words atul \aluable typojjjraphical sug^estion^:
To my friend, (niANr Ni:i u;ii, of this city.
I must not forj^et my little amanuensis, Zkd Huiiios.
lo
I
14f)
THE liLOOl) OF ABEL.
:i: ' ,i
IMi
11 f
I have read tiie follovvinj^ l)ooks, pamphlets and papers:
The Creation of Manitoba, or History of the Red River
Troubles, by Alexander Begg.
Adam, G. Meiiceu. The North-West : Its History and
Its Troubles. Toronto, 1SS5.
Canadian Public Documents. The Queen vs. Louis Riel.
Ottawa, 1 886.
Rebellion in North-West Canada, T'/ie Nineteenth Cent-
ury, August, 1885.
Mui-vaney, Charles Pelham. History of the North-
West Rebellion. Toronto, 1S85.
RuNDALL, Thomas. Voyages toward the North-West,
1496 to 1631. Ilakluyt Society Publication. Statutes,
Papers, and Canadian Public Documents.
Beside the foregoing, I have consulted the files of various
newspapers of Canada ami of the United States.
I have read:
Rebellion Nuinber of the Winnipeg Sun.
Speech of Honourable Edward Blake, delivered in
House of Commons at Ottawa, March, 1S86.
Speech of Honourable Jonx S. D. Thompson, delivered
in the House of Commons.
Manitoba ; Its Infancy, Growth, and Present Condition,
Professor Bryce.
Campaign speeches of Honourable Edward Blake, pub-
lished in pamphlet form: Hunter, Rose & Co., Toronto.
Thomas D. Rambaut's book, and others too numerous
to mention.
Professor Goodrich, of Burlington, Vt., has the thanks of
his old pupil for critical suggestions.
I have other sources of information, that I do not feel at
liberty to disclose.
W. F. B.
West Point, 1S87.
APPENDIX B,
141
APPENDIX B.
[IndMincnf upon Which Ricl Was Outlawed.]
If ONI SOIT qui MAL Y PENSE. DJEU ET MOi\ DROIT.
CANADA,
Province of Manitoba
>■ Court Oj
if Queen's Bt'nch. [Crown Side.)
November Term, 1S73.
-^I^IIE jurors for our Lady the Queen, upon their oath,
^ present
That Louis Riel, on the fourth day of March, in the year
of our Lord one thousand eight hundred and seventy, at Upper
Fort Garrv, a place then known as being and lying and
situate in the district of Assinniboia, in the Red River settle-
ment, in Rupert's Land, and now known as being, lying and
situate at Winnipeg, in the county of Selkirk, in the Province
of Manitoba, Dominion of Canada, feloniously, wilfully and
of ftis malice aforethought, di<l kill and murder one Thomas
Scott.*
Against the form of the statute, in such case made and pro-
* It is unnecessary to point out to a criminal lawyer, that the charging part
of this indictment is good for nothing. Under such pleading, a man might l>e
convicted of shooting, stabbing or poisoning, and-so-on, aJ infinitum.
; I
!
if
(i
II ill'
M;
X:
I4S
THE II LOO I) OF AliF.L.
vidcd, :in(l a<jaiiist the peace of our said Laily the C^iieen, her
Crown and diy^nity.
[Signed] IIKNKV J. CLAKKK, (^) c:,,
Altorttey- (Icncral.
\ fiKfot'Kf (f as J'o//<tir.-<:]
No. iS. Court of Queen's JUMich (Crown side), Manitoba.
Noveniliei- Term, 1S73. The C^ueen ao-ainsi Louis Riel.
Indictment for murder. A true bill.
[Signed] \V. S. LANSDALK,
Forctfiati.
Fyled this 1 ^th November, 1873. Judj^^nient (>f outhiwry
this lothchiy of I'^ebruary, a.d. 1''S75.
[Signed] DANIEI, CASEY,
Prothonota'-y (uui (7rik of C/v:c'n and Peace.
A /'/'/: x/)ix r
14'.>
APPENDIX C.
iCojjt/ of tin liccord of A'icPs Nutiiralizatinii.]
L\ THE r. S. DISTRK T COIRT OF THE THIRD JlhUlM. DISTRICT OF THE
TERR I TOR y OF MO NT A NA .
^
I'KESHM : Hon. 1). S. WADK, Judge.
In thk Matter ok thk Ai-i'lication oi-
LOUIS DAVID KIEL, an Alien,
To Hecome a Citizen oi iiik United
Statfjj oi- America.
L\' Ori'.N COURT,
March Term, A.D. iSSj,
this ibt'i day of March,
A.D. iS8j, as yet of said
Term.
IT. appearing to the satisfaction of this court, hy the oaths
of E. L. Merrill and Levi Jerome, citizens of the United
States of America, witnesses for that purpose; tirst duly
sworn and examined, that Louis David Riel, a native of
Canada, has resided within the limits and under the jurisdic-
tion of the United States live years at least, last past, and
within the Territory of Montana for one year last past; and
that during all of said five vears' time he has behaved as a
man of good moral character, attacheel to the principles of
the Constitution of the I'nited States, and well disposed to
the good order ami happiness of the same; and it also
appearing to the Court, hy competent evidence, that the said
applicant has heretofore, and more tlian two years since, and
I f-
1.50
TJIE BLOOD OF ABEL.
in due form of law, declared his intention to become a citizen
of the United States, and having now here, before this
Court, taken an oath that he will support the Constitution of
the United States of America, and that he doth absohitclv
and entirely renounce and abjure all allegiance and fidelity lo
every foreign Prince, Potentate, State or Sovereignty what-
ever, and particularly to Victoria, Queen of Great Britain.
It is therefore ordered, adjudged and decreed, that the said
Louis David Kiel be and he is hereliy admitted and declared
to be a citizen of the United States of America.
D. S. WADE,
Judge.
Signature: LUUIS DAVID KIEL.
it;
Ofkice of the Clkkk of the Umtkd ^ '
States District Court of the Thiri^
Judicial District of the Territory [ '''^* '
OF Montana.
T, B. K. Tatem, Clerk of the United States District Court
of the Third Juciicial District of the Territory of Montana,
said court being a court of record, having common law
jurisdiction, and a Clerk and Seal, do certify that the above
is a true copy of the Act of Naturalization of Louis David
Riel as the same appears upon the records of said court now
in my ofHce.
In testimony whereof, I have hereunto set my hand and
affixed the seal of the said court this 9th day of
[l.s.] October, in the year of our Lord one thousand
eight hundred and eighty-six, and in the year of
our Independence the 1 1 ith.
B. K. TATEM,
CUrk.
By C. C;. REYNOLDS, Deputy Clerk.
AI\l*EXJ>IX I).
151
APPENDIX D,
lfiif()i')na(ion upon Which li id was 'Pried, ConvicfKJ find E.n cn((d.'\
SIXTH (lay of July, in the year of our Lord iSS5,at the
town of Regina, in the North-West Territories.
Hefore me, Hugh Richardson, one of the Stipendiary Mag-
istrates, of the North-West Territories, exercising criminal
jurisdiction under the provisions of the North-West Act, iS8o.
Louis Riel,you stand charged on oath hefore me, as follows:
" The information and complaint of Alexander David
Stevyart, of the city of Hamilton, in the Province of Ontario,
in the Dominion of Canada, chief of police, taken the sixth
day of July, in the year of our Lord one thousand eight hun-
dred and eighty-Hve, before the undersigned, one of Her
ALajestv's Stipendiary Magistrates, in anil for the said North-
West Territories of Canada, who saith:
"1. That Louis Riel being a subject of Our Lady the
^ueen'^^ not regarding the duty of allegiance, nor having the
fear of God in his heart, but being moved and seduced by
the instigation of the devil, as a false traitor against our said
Lady the Queen, and wholly withdrawing the allegiance,
fidelity and obedience which every true antl faithful subject
of our said Lady the Queen, should and of right ought to
bear towards our said Lady the Queen, in the year aforesaid,
on the twenty-sixth day of March, together with divers other
false traitors, to the said Alexander David Stewart unknown,
armed and arrayed in a warlike manner, that is to say, with
* The Italics are mine.
T
' )
I HI:
'i v^ '
1* \ ,;
152
THE nboai) OF AJiEL.
guns, rifles, pistols, bayonets and other weapons, beinjr then
unlawfully, maliciously ami traitorously assembled and j^ath-
ered t(»<:jethor against our said Lady the Queen, at the loLality
known as Duck f^ake, in the said the North- West Territories
of Canatla, and within this Realm, and did then maliciously
and traitorously attempt and endeavour by force and arms to
subvert and destroy the constitution and j^overnment of this
Realm, as by law established, and deprive and depose our
said Lacly the (^ueen of and from the style, honour and kin«;^!y
name of the Imperial Crown of this Realm, in contempt of
our said Lady the Queen and her laws, to the evil example
of all others in the like case offendinj^, contrary to the duty
of the allegiance of him. the said Lcniis Rle!, against the form
of the statute in such case made and jirovided, and against the
jieace of our said Lady the Queen, her Crown and dignity.
'* 2. And the said Alexander David Stewart further isaith:
That the sakl Louis Riel, being a subject of our Laily the
Queen, not regaiding the duty of his allegiance, nor having
the fear of God in his heart, but being moveil and seduced by
the instigation of the devil, as a false traitor against our Ladv
the Queen, and wholly withdrawing the allegiance, fidelity
and obedience which every true and faithful subject of our
said Lady the Queen should anil of right ought to bear to-
wards our said Lady the (^ueen, on the twenty-fourth day of
April, in the 3ear aforesaid, together with divers other false
traitors, to the said Alexander David Stewart unknown, armed
ami arrayed in a warlike manner, that is to say, with guns,
rifles, pistols, bayonets and other weapons, being then unlaw-
fully, maliciously iWuX traitorously assembled and gathered
together against our said Lady the Queen, most wickedly,
maliciously and traitorously did levy and make war against
our said Lady the Queen, at the locality known as Fish
Creek, in the said the North- West Territories of Canada, and
within this Realm, and did then maliciously and traitorously
attempt and endeavour by force and arms to subvert and de-
,1 rrr.xDix />.
153
stroy the constitution and jjoveniniciit of this Realm, as by
hiw established, and deprive aiul cK-jiose our saiti l^ady the
Queen of and from the style, honour anil kingly name of the
Imperial Crown of this Realm, in contempt of our said Lady
the Queen and her laws, to the evil example of all others in
the like case offending, contrary to the duty of the allegiance
of him, the said Louis Riel, against the form of the statute in
such case made and provided, and against the peace of our
said Lady the Queen, her Crown and dignity.
"3. And the sai<l Alexander David Stewart further saith:
That the said Louis Riel, being a subject of our Lady the
Queen, not regarding the duty of his allegiance, nor having
the fear of Cxod in his lieart, but being moved and seduced
by the instigation of the devil, as a traitor against our said
Latly the Queen, and vvholl}' withdrawing the allegiance,
fidelity and obedience which every true and faithful subject
of our said Lady the Queen should and of right ought to
bear towards our said Lady the Queen, on the ninth, tenth,
eleventh and twelftli days of May, in the year aforesaid, to-
getht-'r with divers other false traitors, to the saiil Alexander
David Stewart unknown, armed and arrayed in a warlike
mannerj that is to say, with guns, rifles, pistols, ])ayonets and
other weapons, being then unlawfully, maliciously and trai-
torously assembled and gathered together against our said
Lady the Queen, most wickedly, maliciously and traitorously
did levy and make war against our said Lady the Queen, at
the locality known as Hatoche, in the said the North-West
Territories of Canada, within this Realin, and did then mali-
ciously and traitorously attempt and endeavour, by force and
arms, to subvert and destroy the constitution and govern-
ment of this Realm, as by law established, and deprive and
depose our said Lady the Queen of and from the style,
honour and kingly name of the Imperial Crown of this
Realm, in contempt of our said Lady the Queen and her
laws, to the e\il example of all others in like case offending,
i I
IVl
THE /ILOOI) i>F AliEI..
I
)
1 '• h
contrary to the duty of the allegiance of him, the said Louis
i<.iel, ajjfaiiist the form of the statute in such case made and
pro\ ided, ami aj^ainst the peace of our said Lady the Queen,
her Crown and dignity.
"4. And the said Alexander David Stewart further saith:
Tliat the said Louis Riel, then living zcithin the Dominion of
Canada and under il.>c protection of our Sovereign J^ady the
};lnee//*, not rej^archiij^ the duty of his allej^iance, nor having
the fear of (iod in his heart, l)ut heinj^ moved at\d seduced by the
instigation of the tlevil, as a false traitrr against our said Lady
the Queen, and wholly withdrawing; tiie allegiance, fidelity
and obedience which he should and of right ought to bear
towards our said Latly the Queen, on the twenty-sixth day of
^Llrch,in the year aforesaid, together with di\ers other false
traitors, to the said Alexander David Stewart unknown,
armed and arrayed in a warlike manner, that is to say, with
gu!js, rilles, pistols, bayonets and other weapons, being then
unlawfully, maliciou.dy and 'raitorously assembled and gath-
ered together against our said Lady the Queen, most wick-
edly, maliciously and traitorously did levy and iiake war
against our said Lady the Queen, at the locality known as
Duck Lake, in the said the North-West Territories of Canada,
and within this Realm, and did then maliciously and traitor-
ously attempt and endeavour by force and arms to subvert and
destroy the constitution and government of this Realm, as .
by law established, and depri\e and depose our said Lady
the Queen of and from the style, honour and kingl)' name of
the Imperial Crown of this Realm, in contempt of oui' said
Lady the Queen and her laws, to the evil example of all others
in like case offending, contrary to the duty of the allegiance of
him, the said Louis Riel, against the form of the statute in
such case made and provided, and against the peace of our
said Lady the Queen, her Crown and dignity.
"5. And the said A)e\ander David Stewart further saith:
* The Italics are mine.
:■ ,. '
\i I. ' i
A PPllXDTX I).
16.")
That the said Louis Riel,lhcn livin]t( within tlie Doniiiiioji of
Canada, and under the protection of our Sovereign Laily the
Queen, not re*j:irdin^ the duty of his allefjjiance, nor ha\ inj^
the fear of (jod in his heart, but being moved and seduced
by the insti<;ati'>n of the devil, as a false traitor against our
said Lady tlie C^ueen, and wholly withdrawinj^ the alle-
tciance, fidelity and obi-dience which he should and of right
ought t(» bear towards om- said I^ady the Queen, on the
twenty-fourth day of April, in the year aforesaid, together
with divers other false traitors, to the said Alexander David
Stewart unknown, armed and arrayeil in a warlike manner,
that is to say, w ith guns, rifles, pistols, bayonets and other
weapons, being then uidawfully, maliciously and traitorously
assembled and gathered together against our said Lady the
Queen, most wickeilly, maliciouslv and traitor'^-..',iy did levy
and make war against our said Lady the Queen, at the locality
known as Fish Creek, in the said the North-West Territories
of Canada, and within this Realm, and did then maliciously
and traitorously attempt and endeavour by force and arms to
subvert and destroy the constitution and government of this
Realm, as by law established, and deprive and depose our said
Lady the C^ueen of and from the style, honour and kingly
name of the Imperial Crown of this Realm, in contempt of
our said Lady the Queen and her laws, to the evil example
of all others in like ca>e offetulirig, contrarv to the allegiance
of him, the saitl Louis Riel, against the form of the statute in
such case made and provided, and against tlie peace of our
said Lady the (^uecn, her Crown and dignity.
"6. And the said Alexander David Stewart further saith:
That the said Louis Riel, then living within the Dominion of
Canada, and under the protection of Our Sovereign Lady
the Queen, not regarding the duty of his allegiance, nor having
the fear of God in his heart, but being moved and seduced
by the instigation of the de\ il, as a false traitor against our
said Lady the Queen, and wholly withdrawing the allegiance,
l.VJ
77/ a; IllJiOl) or MIEL
I*
p ■
illl
,1 1
\
fidelity and ()l)t'die»ce which he should ;nul of rijjht oujjht t<>
bear towards our saiil Lady the Queen, on the ninth, tenth,'
eleventh and twelfth days of May, in the year aforesaid, to-
gether with divers other false traitors, to the said Alexandci
and arrayed in a warlike
D
m
IVKl
St
ewarl iniknown, arniet
annor, that is to say, with jjnns, rilles, pistols, bayonets and
other weapons, bein^jf then unlawfully, maliciously and trai-
torously assetnl)led and {gathered together a«;aihst om* sai<i
Lady the (jueen, most wickedly and maliciously and traitor-
ously did levy and make war a<ijainst our said Lady the Queen,
at the locality known as Batoche, in the saiil the Xortli-\\ est
Territories of Canada and within this Realm, and did then ma-
liciously and traitorously attempt and endeavour by force and
arms to subvert and destroy the constitution and j^overnnient
of this Realm, as by law established, and deprive anil depose
our said Lady the (^ueen of and from the style, honour and
kingly name of the Imperial Crown of tliis R.ealm, in con-
tempt of our said Lady the Queen and her laws, to tlie e\ il
exam))le of others in like case offenditij:^, contrary to the diity
of allegiance of him, the said Louis Riel, against the form of
the aiute in such case made and provided, and against the
peace of our said Lady the (^neen. her crown and dignity."
[Slgiif.IJ " A. I). STKWAkT."
Sworn before me, the day and year lirst al)o\ e ir.eiilioned,
at the town of Re<'ina, in the North- West Territories of
an
luh
[Signedj
HUGH RICHARDSON,
A Stipettiliary Mai:;i>trate
III mid fur the Sor'h-U'es/ Tcnilorif.s of ('nvntla.
-r :
A I' I' i: MUX /:.
157
APPENDIX E.
[Oj)f ,1 l.'tf,,' (,/ /,,„iis irirl, /'iift/ishrfl ill (ht Irish W'ui-hf of A'o-
i'n/i/>i r-Jl, IKS.').]
[The followiiifj is one of the most scathing arniif^nmciits of Iltitish tyranny
ever piihlislied, since llm clay Junius indictcil his celeljiated letter to the kinj;.]'
7o the Citizens of the United States i>f Amcrira.
pJ^EI.LOVV-MEN:— The outside world has heaid but little
* of my pcopli' since the be<^iiiiiiii^ of this war \\\ the
North-West Territory, and that little has been related by
afjents and apoloj^n'sts of the bloodthirsty Jiritish Etnj)ire.
As of old, Eti^^laiurs infernal tnachination of luilschood has
been employed to defame our character, to misrepresent our
motives, and to branil our soldiers and allies as cruel sava^res.
These things I learn from American papers, which come to
me through the same channel that I send this to you. • The
i:^\\K\. which our enemies have in view is plain. Their object
is to prevent good people from extending to us their sympa-
thy while they themselves may rob us in the dark and murder
us without pity.
Of one hundred or more papers that now lie in my tent,
The Irish World, I find, is the only true friend we have. In
the columns of this far-famed journal, the truth is fully told.
England's orghns in the United States and Canada falsely
aver that my people have no grievances. To contradict their
false statements, I now write to the defender of the oppressed
Ml
^t;
158
THE BLOOD OF AliKL.
IS'
y
'T ...
Mr. Patrick Ford, whose Irisii World will publisli a true
statement of the facts in all corners of the <(lohe.
Our lands in the North-Wot Territory, :ne possession of
which was solemnly conllrmed by governnjent fifteen years
ago, have since been torn from us, and given to land-grabbers
whvj never saw the country -and this after we had cut down
forests, plucked up stumps, removed rocks, ploughed and
seeded the soil, and built substantial homes for ourseh cs and
our chililren.
Nearly all the gotul, available lands in this territory (as is
the case with the lanils East of the Rocky iVIoimtains) are
already in the clutches of ICnglish lords, who have large herds
of cattle grazing thereon; and the riches which the>;e lands
produce are drained out of the country and sent over to lCi\^'-
land to be consumed by a people that fatten on a system that
jjauperizes us.
This wholesale robbery and burglary has been earned on,
ami is still carried on, with the connivance of accursed England.
The result is extermination or slavery. iVgainst this mon-
strous tyranny we have been forced to rebel. It is not in
human nature to (juietly acquiesce in it.
In their treatment of us, however, the V)chaviour of the
English is not singular. Follow those pirates the world over,
and you will find that everywhere, and at all times, they
adopt the same tactics, and operate on the same thievish lines,
Ireland, India, the Highlands of Scotlaid, Australia, and
the isles of the Indian Ocean — all these countries ■••«e the sad
evidences, and their native populations are the witnesses of
England's land- robberies.
Even in the United vStates — and it is a burning shame for
the government and the people of that great and free nation
to have it to be said — English lords have, within a few short
years, grabbed territory enough to form several large states.
Alas! for the people of your country ! Alas! for the govern-
ment for whose independence and glory the soldiers of George
A PPEXDIX K.
i5y
Washinf,toti fouy:ht bare-foot aj'aiiist the cut-throats and
hell-hounds of En<^lami! Alas! that this same evil power
should be allowed to return and reconquer so much of your
nation without a shot beln*;^ fired or even a word of protest
beinuj uttered in the name of the American people I
Vcur government, which has allowetl her citizens to be
robbetl of their heritage by English lords and English capi-
talists, has also given aid and comfort to the English in per-
mitting: her (ieneral* Howard to come to Manitoba and the
North-West Territory to school the assassins that were sent
from Toronto to murder me and my people, and to give the
Queen's Own lessons in handling the American Ciatling gun,
as well as in granting license to British soldiers and Hritish
ammunition intended for our destruction to pass over Amer-
ican soil. \\y its conduct in this entire business the adminis-
tration at Washington has made the United States the ally of
England in fighting a people who are fighting only for homes
and firesides. Does it require two powerful nations, such as
the United States and England, to put down the Saskatche-
wan rebellion ? (j rover Cleveland and .Secretary Hayard have
much to answer for.
It is now evident, as The Irish World has charged, that
these two high ofiicials of the United States are more Eng-
lish than American. The animus they have shown towards
my people and me for the past two months, as well as the
friendship and aid they have extended to our enemies, '"?. but
an additional confirmation of what has been charfred against
them.
Can it be possible that the American people, or any con-
siderable portion of them, have any real sympathy with Eng-
land? Have they not read, has it not come down to them
from bleeding sire to son, of the crimes and the atrocities and
fiendish cruelties u hich that wicked power intlictetl upon
* Riel was mistaken. This ciealuie was not a general; neither was he a
soldier of our governmenf.
160
IIIE BLOOD OF ABEL.
\
their patriotic fathers during the Revolution? Of the Amer-
ican towns wantonly given to the flames by order of English
commanders; of the horrors of the English prison ships, and
the barbarities imposed by the English upon American pris-
oners of war? Does not American history record the out-
rages perpetrated by England upon American commerce and
American citizenship which led to the war of 1S12? And is
it not still fresh in the memory of men of middle age how,
when the republic was engaged in a life-and-death struggle
with the slave-holders' rebellion, England gloated over your
troubles and sent her sympathy and her money and her armed
ships to your enemies to destroy your Union and to bring the
American name in disgrace before the world ? Generous minds
forgive injuries, but spaniels lick the hand that smites them.
The American^ are not spaniels; but there are sycophants and
lickspittles in America, nevertheless, and those base natures
are but to the honest people of to-day what the Tories were
to the honest and patriotic people a century ago. They are
not Ar.iericans.
A word here to the French and Irish of Canada, and I am
done: I beg and pray, that they will not allow themselves to
be intluced by any threats or by any blandishments to come
out against uf,. Our cause is just, and therefore no just man
of any race or nationality ought to stand opposed to us. The
enemies who seek our destruction are strangers to justice.
They are cruel, treacherous antl bloody. And yet, like the
tiger, they are only obeying the instincts of their nature, liut
for the Irish people, who for centuries have been robl)ed and
massacred and hunted from their island home by the Eng-
lish, and whose good name is reviled by the English in all
lands, or for the Canadian French, who are subjected to the
grossest and most ruffianly abuse from the same, to aid in
any way these enemies would be not only wrong but stupid
and unnatural.
In a little while it will be all over. We may fail. But the
APPI'LXDJX n
161
nghts for which we contend will not die. A day of reckon-
mg wd come to our enemies and of jubilee to my people.
The hated yoke of English domination and arrogance will
be broken in this land, and the long-suffering victims of their
• njust.ce wdl, with God's blessing, re-enter into the peaceful
enjoyments of their possessions.
Batoche. N. W. T.. May 6, ,SSj. ^^^^^ ^^^' '
^^5^B$^«#J
1 1
ff'^-i-
1(>2
Till': liL(H)i) nr m\i:l.
APPENDIX F.
[n<llrr(t/ Mdjftr Mfi/frf /o f/H r.ditnr of Th Tranlh r.}
W
L'U
[translation.]
Washinivion, U. C, Atii^itsi 3./, /SSj.
DEAR FRIEND (iAGNON--Thc journals which 1
have reccivetl durini^ the past two days, iiuHcatc tliat
there is jj^reat «liversity of views amonj^ our Canadian jour-
nahsts in the United States in re<jard to the rij^hts which
American citizenship confers upon Louis Riel, in his pres-
ent unfortunate situation. I notice, too, that public meetings
are beinj^ held, and petitions si<^ned, and that these meetings
and petitions are not agreed u])on the best method to proceed
to arrest the execution. Evidently there is danger that the
generous, humane action of our people may be devoid of in-
rtuence, by reason of the diversity of views expressed or the
poverty of the arguments advanced in the memorials ad-
dressed to our government, asking its interference in Riel's
case.
iJeing desirous to ascertain the views of the Department of
State in regard to this matter, so a>> to satisfy myself, atul, if
opportunity affordeil, l)e of service to my compatriots, 1 called
on Secretary Hayard this afternoon to t;dk over the matter
with him. We discussed the subject together at considerable
length. From our interview 1 can say that the following is
snl»stantially tiie views of the department of state; of course
the form in which it is expressed is my own:
I^irst. The American government will not take the initia-
tive in examining into Riel's citizenship or the rights there-
under.*
* This absurdity is without precedent, and devoid of common sense.
f':
APPENDIX F.
\m
Svcond. The governincnt has so far iloiic uothiii*^ in the
matter, except to iiuiuire of the War Department as to the
truth or falsity of a statement to the effect that liiel was cap-
tured on American soil. This information was asked for to
reply to a New York correspondent who in([uire(l concerning
the mattei . The secretary read me his reply, which is unim-
portant.
y/ii/ii. The government will take no action in the case,
unless tlie matter is piesented to its attention in a formal
manner, the facts and arguments upon which the interference
of the government is invoked to he properly stated in writing.
Fourth, The government would not hc' disposed to in-
(|uire into or review the proceedings of the court which tried
Kiel, nidess it was sljown tnat he was iliscriminated against,
/. <•., that he was tried hy harsiier methods than a Canadian
citi/en would have heen tried hv.*
Fifth. The government recognizes the principle that every
coimtrv has a rijiht t(j determine for itself what constitutes
treason, and it would not he disposed to question Canada's
right to try Riel for treason even though iie he a native or
naturalized citizen of the United States. I understand the
secretary to say that Kiel's case was like some of the liish
so-called revolutionists, so far as it regards this government,
aiul that the American government would do all that was
proper for Riel as it had done for the others.
With these views of the departn^.ent of state hefore us it
seems to me that our duty is traced more clearly.
^'ou are aware that I knew Kiel intimately both before
and after his becoming insane. Knowing the material he is
made of, as well as his intimate views and aspirations, I be-
lieve that Tc//t'« he gave himself Mp {^whcn he could have
escaped with Dumont) he did so with the detcrmiucd pur-
* It is presumed, that if Canaili.in courts were in the hal)il of usiufj torture in
the trial of Canucks, Secretary Bayard would not oliject to their using it upon
American citizens resident in Canada.
'I
i
'■\ I
164
77 fE HLOOD OF ABEL.
pose of having- himself put to death as the best means of
serving his people, and country . I am of the opinion that in
madness he acted with an extreme saj^acity which he might
have been devoid of with his wits. If Riel is executed, mark
me! the children of his executors, in the not-distant future,
will erect monuments to his memory. You know the history
of Pontiac! Riel is the Pontine of the XIX. century.
Yours Truly,
EDMONI) MALLET.
'1'
i ^'
f
^»=^
A rpExnrx a.
i<«
APPENDIX G.
[(-'ofiij of L» ft) r from Majoi' J-jIihoih/ Malh t to Mr. 'J'/miiKts J).
JiiitiihitiitA
Ifhruary i), /SS6.
Thoimts n. Ramhatil, F.sif., Nf'o Vorkf A'. )'.
DICAR SIR: — ^'()Ul• note llnds me oti the eve of tny tle-
paitiiie from the city for a few days, and in the mitlst
of such f)ccupati()iis that is really impossible for me to find
tile newspaper articles which appeared relative to my efforts
to have the U. S. Go\ernmeiit interfere in thj Riel case. !
will now give yon the snb.^tanceof what was done, and if that
does not c|i'ite answer yoxw pnrpose, let me know, and I will
give you fuller indications next week.
I first consultetl Mr. Bayard, and he took this position, sub-
stantially :
( I ) That it was not the iluty of the government to inquire
into the fact of Riel's American citizenship, and (2) that the
government could not interfere even if he was an American
citizen, either natural or adopted. If a case was brought to
the attention of his department it woukl be examined into, but
under no circumstances could the government, he thought,
interfere, unless it was shown conclusively that he had been
discriminated against ilnring his trial Jw reason of his Ameri-
can citizenship.
When it became apparent to me that the Canadian Gov-
ernment had committed itself to the execution of Riel,uniler
the pressure brought to bear upon it by the Orange lodges of
Ontario, I went to the president and appealed to him to pre-
>
10(i
THE liLOOD OF A/iJ'JL.
* I'
vent this judicial iniirdtT. I basctl my appeal on the follow-
ing;: (i) That Riel was an American citizen, that he had
heen indicted as a British citi/.en, his American citizenship
havin«; heen entirely ij^nored, althou<;h offer had been made to
prove the fact by documents captured at the battle of liatoche,
and then in the Canadian (iovernment's hands, and that he
hatl been tried by a half jur) of six men, selected by the
judj^e, and that judj^je was a mere justice of the peace; (2)
that Riel was insane; and I offe chj testimony to that effect; and
(3) that the authority • pr hui;',an bein^ to dcatlf for any
cause whatsoever is noi ;h'.'i'tfcd in government, but is dele-
gated from (jod,and thac fiuch ujl^^gated power can be exer-
cised only in certain conditions, si.v... is sound miiul,etc. The
president seemed much interested in the case, expressed him-
self in sympathy with what 1 told him; but he considered
it a very grave matter to interfere. At last I asked that he
send for Mr. Hayard and the British minister, antl see if an
amicable understantliny: could be made to save Riel. The
president then said he would consult with the secretary of
state and see what could be done. During the night of the
same day the Associated Press announced that, to my appeal,
the president liail been constrained to ilecline interfering in
the matter.
Respectfully Yours,
i:i)M(^NI) MAI.I.KT.
f '
A I' rr. SI) IX If.
187
APPENDIX H
[I/t'tft r frtnii Fatlnr Ihttninu*,]
Si. Tkikk's Mission, St. Petkr V. ()., Mcjntana, /</«. /y, rSS?.
Mr. Wilbur F. Bryant, Juii^c, WfU I'oinf, Nebr.
DI"2AR SIR: — Your favor at hand and in rt;|)Iy I would
say that Louis Rid was here just prior ♦o the North-
West ReheUion and he left this phice at the re ut of a del-
cjjation composed of three half-breed men, ho ne after
him from their northern country. He livi'. lu n about six
mouths, lie was married to a half-breed yX^ Sidled Mar-
l^ueritf Monete from whom lie had twoch'Mren: John, liorn
yth May, 18S2, and Mary Anj^elica, born . ii vScpt., 1SS3.
The <i[irl was born here, and (he boy somewhere down the
Missouri or Musselshell while Kiel was living on the prairie
amonj( the half-l)reeds. Politics was his principal thouj^ht,
["you'j inij^ht say, and in tiie last years from the democrat [he j
passed to the republican party. Sun River is a small place
and he lived not in town, but lierc around the Mission, which
is about 30 miles distant from Sun River. He was makinj^
his liviujj; teaching- scIkjoI and [it] would have been better
for him, as lie was told, to stick at i^antl retire entirely from all
politics; but his mind was changed there, and this brought the
unfortunate man to such a frightfid ^wA. With kindest re-
gards, I remain
\'ours Respectfully,
J. damii:ns, .V. J.
\HH
TUN ni.OOh OF A It HI..
APPENDIX I.
,1 ;
la
^1 it
[ IjrHrr J'roin Co/oin /J/iiff/i liir/ifin/Moii, Ihv SUfti ndidrif M(i(/infr(iti
Who Trial liir/.]
IxKcWA, jO//t April, /8S7.
\%f\^ ^ DEAR SIR:- I reply to the (|iieries con'.aincd in
^ ^ ^ your letter of 21st insl., receivcil here to-(l.»y.
The officer charged with the execution of "Riel' was the
sheriff of the N. \V'.T.,thc actual duty, as I iiave understood,
being performeil by his deputy, uniler the sheiiff's supervision.
Who the hangman was 1 know not, nor is it known beyond
a sort of rumour that one Ile'ulersou so actetl, and [as to |
whether or not this man had been a prisoner of Kiel's in the
earher rebellion, 1 am ignorant. I was not in the country
until 1876, and except traveling through the Red River
country on my way West, and an occasional visit to Winni-
peg since '76, I know but little of the people.
There is, or was not long since, a man John Henderson
here, who is a half-breed hailing from Red River, a freighter
by occupation, and also a guide, having formerly, it is saitl,
been a plain hunter. The duty of "executing the law,"
however, devolves by express statute upon the sheriff.
In the winter of 1884 a gallows was erected for the execu-
tion of two men: Stevenson, who suffered the penalty for
the murder of a settler. This, as I have been told, was useil
again in '85, when Connor was hangetl, and later in the exe-
cution of Riel, and still subsists as part of the ''public gaol
paraphernalia." Yours, \'ery Truly,
HUGH RICHARDSON.
Apph'xnrx J.
uw
APPENDIX J
ERRATA ET C/f-lTERA.
1. At pa<^e 12, supply "th'''' '^*^forc the proper naim*
"Belly."
2. At piv^c 3S, for "Cotta ' read "C ?»tu."
3. At pa«^e 65, for " Mcllimeiisc " rcaii " IJellimeure."
J. At paj^e 79, for " iiptopian " read " Utopian."
5. At jjaji^e 81, for " isoseles " read ''isosceles."
6. At page 84, for " coulee- ravine " (as a conipt)und word )
read ''coulee — ravine," (separated with dash), the entire ex-
pression: " llavine, with stream running through it," being
the appositive of "coulee."
7. At page 85, for " Marchard" read " Marchand."
8. At page 94, for "four hundred and seven " lead " five
hundred and eighty-four, inclusive of non-conihatants."
9. The great bay in the north-eastern part of our continent
is commonly called Hudson's HaN , and its outlet Hudson's
Strait. [ have adopted the names " Hudson Hay " and " Hud-
son Strait," sanctioneil, as I believe, by good usage.-
12