^% 
 
 A^ 
 
 
 
 «0. 
 
 I.V.AGE EVALUATION 
 TEST TARGEi (MT-3) 
 
 <i- 
 
 1.0 
 
 I.I 
 
 11.25 
 
 I" m 
 
 Hi. 
 
 UUl. 
 
 M 
 
 12.2 
 
 1.8 
 
 JA ill 1.6 
 
 ^%. 
 
 ^^^^A > 
 
 
 
 Pnotographic 
 
 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, NY. 14580 
 
 (716) 872-4503 
 
 # 
 
 ^ 
 
 V 
 
 iV 
 
 ^\ 
 
 ^\^ 
 
 
 6^ 
 
 
 « 
 
 
 '«?. 
 
--%^ 
 
 CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHIVI/ICMH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical Micr ^reproductions / Institut canadien de microreproductions historiques 
 
 \ 
 
 !* 
 
Technical and Bibliographic Notes/Notes techniques et bibliographiquas 
 
 The institute has attempted to obtain the best 
 original copy available for filming. Features of this 
 copy which may be bibliog/aphica'ly unique, 
 which may alter any of the images in the 
 reproduction, or which may significantly change 
 the usual method of filming, are checked below. 
 
 J 
 
 Coloured covers/ 
 Couverture de couieur 
 
 I I Covers damaged/ 
 
 Couverture endommag^e 
 
 Covers restored and/or laminated/ 
 Couverture restaut^e et/ou pelliculie 
 
 Cover title missing/ 
 
 Le r^tre de couverture manque 
 
 Coloured maps/ 
 
 Cartes giographiques en couieur 
 
 Coloured ink (i.e. other than blue or black)/ 
 Encre de couieur (i.e. autre que bleue ou noire! 
 
 Coloured plates and/or illustrations/ 
 Planches et/o:j illustrations en couieur 
 
 Bound with other material/ 
 Rali6 avec d'autres documents 
 
 n 
 
 n 
 
 n 
 
 Tight binding may cause shadows or distortion 
 along interior margin/ 
 
 Lareliure serree peut causer de I'ombre ou de la 
 distorsion le long de la marge tnterieure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have been omittec* from filming/ 
 II se peut que certaines pages blanches ajout^es 
 lors dune restauration apparaissent dans le texts, 
 mais, lorsque cela 6tait possible, ces pages n'ont 
 pas iti film^es. 
 
 Additional comments:/ 
 Commentaires suppldmentaires: 
 
 L'Institut a microfilme le meilleur exemplaira 
 qu'il lui a et6 possible de se procurer. Les details 
 de cet 9xemplaire qui sont peut-dtre uniques du 
 point de vue bibliographique, qui peuvent modifier 
 une image reproduite. ou qui peuvent exiger une 
 modification dans la m^thode normale de filmage 
 sont indiquds ci-dessous. 
 
 r~] Coloured pages/ 
 
 n 
 
 n 
 
 
 Pages de coulaur 
 
 Pages damaged/ 
 Pages endommag^es 
 
 Pages restored and/or laminated/ 
 Pages restaurdes et/ou pelliculees 
 
 Pages discoloured, stained or foxed/ 
 Pages ddcolcr^es, tachetdes ou piquees 
 
 Pages detached/ 
 Pages detachees 
 
 Showthrough/ 
 Transparence 
 
 I I Quality of print varies/ 
 
 Quality inigale de I'impression 
 
 Includes supplementary material/ 
 Comprend du materiel supplementaire 
 
 Only edition available/ 
 Seule Edition disponible 
 
 D 
 
 Pages wholly or partially obscured by errata 
 slips, tissues, etc., have been refilmed to 
 ensure the best possible image/ 
 Les pages totalement ou partiellement 
 obscurcies par un feuillet d'errata. une pelure, 
 etc., cnt 6t6 fi!m6es h nouveau de facon a 
 obtenir la meilleure image possible. 
 
 This item is filmed at the reduction ratio checked below/ 
 Ce document est film* au taux de reduction indiqu^ ci-dessous. 
 IPX 14X 18X 22X 
 
 ^ I \ I \ \ — I — I — I — 1 — \ — r 
 
 s/ 
 
 2SX 
 
 30X 
 
 12X 
 
 16X 
 
 20X 
 
 24X 
 
 28X 
 
 32X 
 
The copy filmed here has been reproduced thanks 
 to the generosity of: 
 
 Seminary of Quebec 
 Library 
 
 L'exemp!aire film6 fut reproduit grSce k la 
 gin^rositi de: 
 
 S4minaira de Quebec 
 Bibliothique 
 
 The images appearing here are the best quality 
 possible considering the condition and legibility 
 of the original copy and in keeping with the 
 filming contract specifications. 
 
 Les images suivantes ont 6t6 reproduites avec le 
 plus grand soin, compte tenu de la condition et 
 de la nettet6 de I'exemplaire film6, at en 
 conformity avec les conditions du contrat de 
 filmage. ^ 
 
 Original copies in printed paper covers are filmed 
 beginning with the fron!: cover and ending on 
 the last page with a printed or illustrated impres- 
 sion, or the bdck cover when appropriate. All 
 other original copies are filmed beginning on the 
 first page with a printed or illustrated impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 Les exemplaires originaux dont la couverture en 
 papier est imprimie sont fiim6s en commenpant 
 par le premier plat et en terminant soit par la 
 derniire page qui comporte une empreinte 
 d'impression ou d'illustration, soir par le second 
 plat, selon le cas. Tous les autres exemplaires 
 originaux sont filmAs en commen9ant par la 
 premiere page qui comporte une empreinte 
 d'impression ou d'illustration et en terminant par 
 la dorniira page qui comporte une telle 
 empreinte. 
 
 The last recorded frame on each microfiche 
 shall contain the symbol — ^ (meaning "CON- 
 TINUED"), or the symbol V (meaning "END"), 
 whichever applies. 
 
 Un des symboles suivants apparaitra sur la 
 derniire image de cheque microfiche, selon le 
 ess: le symbole — *> signifie "A SUIVRE ", le 
 symbole V signifie "FIN ". 
 
 I^aps, plates, charts, etc., may be filmed at 
 different reduction ratios. Those too large to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many frames as 
 required. The following diagrams illustrate the 
 method: 
 
 Les cartas, planches, tableaux, etc., peuvent dtre 
 filmAs A des taux de reduction diffdrdnts. 
 Lorsque le document est trop grand pour dtre 
 reproduit en un seul cliche, ii est film^ d partir 
 de Tangle supdrieur gauche, de gauche d droite, 
 et de haut en bas, en prenant le nombre 
 d'images n^cessaire. Les diagrammes suivants 
 illustrent la mdthode. 
 
 1 
 
 2 
 
 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
72 
 
 ii , i jM.n i UM i M iiii#<>sii i «i n ii i I I iiii n iiiii ii i i . ... ■ t ill n il ii wii. mi ., ■ , _, ,_^_ ■ :::::...::,_,, :\: ,. 
 
 IN ..THIS Ohm '>P 
 
 T ./-X T T Tr j--^- 
 
 
 ASH 
 
 
 .. ^-^V 
 
 .-^»T,r 
 
 !^*® *4,"0^^. 
 
 REP0k^^:$F^. ^Sm/ ALEX ^ NDMB CAMPBE.I.L. 
 
 ^*-w. , ..JU*iMi*^ 
 
 O'i TAWA: 
 Pfim^TBD BY MAOLMAS^^iOG iE & 00., WBLLlNaTO^ ^Bll^T. 
 
 1885. 
 
 fiFTnrifTpwTn ma i r i mriiTTTTTnr tt 
 
T^f?«;-v 
 
IN THE CASE 
 
 OF 
 
 LOUIS RIEL, 
 
 CON^^ICTED OF TREA.SON. 
 
 AND 
 
 EXECUTED THEREFOR. 
 
 REPORT OF SIR ALEXANDER CAMPBELL. 
 
 OTTAWA: 
 PRIKTBD BY MACLEAN, KOGEJR & CO, WELLINGTON STBBST 
 
 1885. 
 
 1' 
 
> 
 
 Ottawa, 26 h Novombor, 1885. 
 
 Memorandum respecting the case of The Queen v. Miel, prepared at the request of the 
 
 Committee of the Privy Council. 
 
 Tho case of Louia Riol, cocvictod and exocnted for high treason, lias excited 
 unusual attention and interest, not merely in tho Dominion of Canada but beyond its 
 limits. Here it has been made the subjoot of party, religiouH, and national feeling 
 and discussion; and elsewhere it has been regarded by nomo an a case in which, for 
 the first time in this generation, what is assumed to have l)oon a political crime only 
 has been punished with death. 
 
 The opponents of the Government have asserted that tho rebellion was pro- 
 voked, if not justified, by their maladministration of tho atfairs of tho North- West 
 Territories, and inattention to tho just claims of the half-broods. 
 
 With this question, which has been made one of party politics, it is not thought 
 becoming to deal here. 
 
 Upon such a charge, when made in a constitutional manner, the Government 
 will be responsible to tho representatives of the people, and before them thjy will 
 be prepared to moot and disprove it. 
 
 Appeals to the animosities of race have boon raado in one of the Provinces with 
 momentary success. Should those prevail, the future of tho country must suffer . 
 Parliament will rot moot for some ti mo, and in the interval, unless nomo action is 
 taken to remove those animosities, they will gain ground, and it will hooomo moro 
 difficult to dispel belief in the grounds which aro used to provoke them. 
 
 It is thought right, therefore, that tho true facts of the case, and tho considerations 
 which have influenced tho Government, should bo known, ho that those who desire to 
 judge of their conduct impartially, may have the information which is essential for 
 that purpose. 
 
 It has been asserted that the trial was an unfair one, and buforo a tribunal not 
 legally constitute!; that tho crime being one of rebellion and inspired by political 
 motives, the sentence, according to modern custom and sentiment, should not have 
 been carried out; and that the prisoner's state of mind was such as to relieve him 
 from responsibility for his acts. 
 
 xlfter the most anxious consideration of each one Oi those grounds tho Govern- 
 nwjnt have folt it impossible to give effect to any ot thom, and have doomed it their 
 duty to let tho law tak<» its course. 
 
 I am now desired, in a matter of such grave importance and responsibility, to 
 place on record the considerations which have impelled them to this conclusion : 
 
 1. As to the jurisdiction of the court and the fairness of the trial. 
 
 It should be sufficient to say that tho legality of the tribunal by which he was 
 tried has been affirmed by tho Privy Council, tho highest court in tho Empire, and 
 has seemed to them so clear that tho eminent counsel who represented the prisoner 
 could not advance arguments against it, which were thought oven to require an 
 answer. 
 
 It has been said that a jury composed of six only, and the absence of a grand 
 jury, are features so inconsistent with tho rights of British subjects tha'. tho prisoner 
 had still ground of complaint ; but, as was pointed out in the Privy t/'ouncil, the 
 same crime may be tried elsewhere in tho British Empire, notably in India, without 
 any jury, either grand or petty, and this mode of trial has boon sanctioned by the 
 Imperial Parliament. 
 
 It is to be observed also, that the offence was tried in tho country in which it 
 was committed, under the law as it then existed and had existed for yours, and that 
 this is a course of which no offender can fairly complain, while it is a right to which 
 every criminal is entitled. 
 
a 
 
 Of tho compotoncy of tho court, which had boon afflrraod by the full court in 
 Manitoba, tho Govornmont saw no roaaon to ontortain doubt ; but having regard to 
 tho oxcoptional character of the case, tho usual courno was departed from in the 
 prisonor'M favour, and a roHpito waH granted, to enable him to apply to tho ultimate 
 tribunal in England, and thus to take advantage to tho very utmost of ovory right 
 which tho law could afford to him. 
 
 The fairncHB of tho trial has not befln disputed by tho priHoncr'« cnunRol, nor 
 challongo.i oithor before tho Court of Appeal in Manitoba, or tho Privy Council. It 
 has, on tho contrary, boon admitted, rot tacitly alone by this omission, but exprort.sly 
 and publicly. It may bo well, however, to state shortly tho facts, which show 
 how tho duty which tho Government fully acknowledged both to the public and 
 the prisoner has boon fulfilled. 
 
 It was most desirable not only to ensure tho impartial conduct of the trial, which 
 would have boon done by tho appointment of any barrister of known standing, but to 
 satisfy tho public that this had boon orteoted; and in view of this tho prosecution was 
 entrusted to two loading counsel in Ontario, known to bo in sympathy with diflforent 
 political parties. With them was associated a French advocate of standing and 
 ability in Quebec, and tho personal presence and assistance of the .Deputy Minister of 
 Justice was given to them throughout the proceedings. 
 
 Tho procedure adopted and the course taken at tho trial, to be now shortly 
 stated, as it appears on the record, will show that every opportunity for the fullest 
 defence was afforded ; and it is needless to add, what is well known and recognised, 
 that the prisoner was roprosontod by counsel whoso zeal and ability have made it 
 impossible to suggest that his defence could in any hands have been more carefully 
 or more ably conducted. 
 
 The charge was made against tho prisoner on the 6th of July, 1885, and tho 
 trial was then fixed to take place on the 20lh of that month, of which tho prisoner 
 was duly notified. 
 
 On tho same day a copy of the charge, with a list of tho jurors to bo summoned 
 and of the witnesses to be called, was duly served upon him, the Crown waiving the 
 question whether this was a right which could be claimed, and desiring, as far as 
 possible, to afford every privilege which, under any circum^tancos or before any tri- 
 bunal, he could obtain, and which, consistently with tho procedure othorwiso pro- 
 scribed in tho Territory, could be granted to him. 
 
 On the day named the prisoner, having been arraigned, put in a pica to tho juris- 
 diction, to which tho Crown at once demurred, and this quoslion was then argued at 
 length. Tho grounds taken by tho prisoner's counsel had boon in offoct decided un- 
 favorably to their contention by th« Court of Queen's Bench in Manitoba in a recent 
 case, and the presiding judge held that it was thorefbro imposj^iblo for him to give 
 effect to them. 
 
 This decision having been announced, tho prisoner, by his counsel, then demurred 
 to the information, which was alleged to bo iusufficiont in form, and this demurrer 
 having boon argued, was also overruled. 
 
 Tho prisoner then pleaded not guilty, and his counsel applied for an adjournment 
 until tho next day, to enable them to pi-oparo affidavits on which to apply for a further 
 postponement of the trial ; and, the Crown cot objecting, the court adjourned. 
 
 On the following day, July the 2l8t, the prisoner's counsel read affidavits to tho 
 effect that corti.in witnesses not then present wore necessary for tho defence, and 
 that medical exports on the question of insanity wero required by them from tho 
 Province of Quebec and from Toronto. They roprosoritod that tho prisoner had not 
 had moans to procure tho attendance of these witnesses, and desired an adjournment 
 for a month, during which they would be able to obtain it. 
 
 ' In answer to this application, of whi'jh tho Crown had had no notice until tho 
 day previous, the Crown counsel pointed out that those medical wilnossos, as well as 
 some others in the North West Territories who wore wanted, could all bo got within 
 a week; and they oifered, not only to consent to an adjournment for that time, but to 
 join with tho prisoner's counsel in procuring tbeir attendance, and to pay thoir 
 expenses. 
 
8 
 
 nor 
 
 Tho coupHol for tho prlnonor accoptod this olTor, which tho proHiiling jud^e 
 Bivid was a rouHunnblo ono, and tho trial waa adjourned until tlio 28th. In tlie 
 meantime tho witnoHSOH wore procured. 'They wore prenoni and wore oxaminod for 
 the prisoner, and their oxpenses wore paid by the Crown, tho medical gonilemcn 
 being remunerated m oxpertH at tho Hamo rate as those called for tho prowecution. 
 The other groundH which had boon urged for delay wore not further proHned. 
 
 Tho court mot on tho 28th. No further adjournment was ankod for, and tho 
 trial proceeded continuously until it was concluded on tho Int of August. Tho 
 exceptional privilogo accorded • irsons on trial for troawon, of addroHsing the jury 
 after their counsel, was allowed ic tho prisoner and taken advantage of. 
 
 As U) the general character of tho tribunal, and tho ample opportunity afforded 
 to tho prisoner to make his full defence, it may bo well to I'opeat horo tho observa- 
 tions of the learned Chief Justice of Manitoba in his judgment upon tho a])poal. 
 
 " A good deal," ho romarktd, " has boon said about the jury being composed 
 " of six only. There is no general law which says that a jury shall invariably conBist of 
 " twelve, or of any particular number. In Manitoba, in civil cases, tho jury is oom- 
 " posed of twelve, but nine can find a verdict. In tho North- West Torritorios Act, 
 " tho Act itself declares that tho jury shall consist of six, and this was tho number 
 " of tho jury in this instance. Would the Stipendiary Magistrate have been justitiod 
 " in impannolling twelve, when the Statute directs him to irapannol six only ? It 
 " was further complained that this power of lifo and death was too groat to bo 
 " entrusted to a Stipendiary Magistrate. 
 
 " What are tho safeguards ? 
 
 '• The Stipendiary Magistrate must bo a barrister of at least five years standing. 
 " There must bo associated with him a Justice of tho Peace and a jury of six. Tho 
 " court must be an open public court. The prisoner is allowed to make full answer 
 " and defence by counsel. Section 77 permits him to appoai to tlio Court of Queen's 
 " Bench in Manitoba, when tho evidence is pi-oducod, and ho is again heard by 
 " counsel, and threo judges ro-considor his case. Again, the evidence taken by the 
 " Siipondiary Magistrate, or that caused to bo taken by him, must, before the sentence 
 " is carried into effect, bo forwarded to tho Minister of Justice ; and sub-section eight 
 " requires the Stipendiary Magistrate to postpone tho oxecation from time to time, 
 " until such report is received, and the pleasure of tho Governor thereon is coramu- 
 " nicatod to the Lieutenant-Governor. Thus, before sontonce is carried out tho 
 " prisoner is hoard twice in court, through counsel, and his case must have been 
 "considered in Council, and tho pleasure of tho Governor thereon communicated to 
 " tho Lieutenant-Governor. 
 
 " It seems to mo tho law is not open to tho charge of unduly or hastily con- 
 " liding the power in tho tribunals before which tho prisoner has been hoard. Tho 
 " sentence, when tho prisoner appeals, cannot bo carried into effect until his case 
 " has been throe times heard, in the manner above stated." 
 
 Tho evidence of the prisoner's guilt, both upon written documents signed by 
 himself and by other testimony, was so conclusive that it was not disputed by his 
 counsel. They contended, however, that he was not responsible for his acts, and 
 rested their defence upon the ground of insanity. 
 
 The case was loft to the jury in a very full charge, and the law, as regards the 
 defence of insanity, clearly stated in a manner to which no exception was taken, 
 either at the trial or in the Court of Queen's Bench of Manitoba, or before the Privy 
 Council. 
 
 2. With regard to the sanity of the prisoner and his responsibility in law for his 
 acts, there has boon much public discussion. 
 
 Hero again it should be sutHcient to point out that this defence was expressly 
 raised before the jury, the proper tribunal for its decision ; that tho pi'opriety of 
 their unanimous verdict was challenged before tho full court in Manitoba, when the 
 evidence was diacunsed at length and tho verdict unanimously affirmed. Before the 
 Privy Council no attempt was made to dispute the correctness of this decision. 
 
 Tho learned Chief Justice of Manitoba says in his judgment: " [ have carefully 
 " read tho ovidonco and it appears to me that the jury could not reasonably have 
 
" oomo to any other conclusion than tho verdict of Rui'-ty, There is not only ovi- 
 " doncu to Hupport tho vordiot, but it vastly preponderates." 
 
 And again : " I think tho evidence upon tho quoHtion of iuHanity shown that tho 
 " prisoner did know that he was acting illegally, and that ho was rosponsiblo lor 
 his acts." 
 
 Mr. Justice Taylor's conclusion is :" After a critical examination of tho evidence, 
 " 1 find it irnposHiblo to como to any other conclusion than that ut which the Jury 
 " arrived. Tlio appellant is, beyond .t,11 doubt, a man of inordinate vanity, oxoitablo, 
 " irritable, and impatient of contradiction. Ho seems to have at times acted in an 
 " extraordinary manner , to have said many strange thino^s, and to have entertained, 
 " or at least professed to entertain, absurd views on religious and political subjocts. 
 •' But it all stops far short of establishing such unsoundness of mind as would render 
 "him irresponsible, not accountable for his actions. His course of conduct indeed 
 " shows, in fl^uny ways, that tho whole of his apparentlj' extraordinary conduct, his 
 "claims to Divine inspiration and the prophetic character, was only part of a cun- 
 " ningly devised scheme to gain, and hold, influence and power over the simple- 
 "minded people around him, and to socaro personal immunity in the event of his 
 " ever being called to account for his actions. He seems to have had in view, while 
 "professing to champion the interests of tho MStis, the securing of pecuniary advan- 
 " tage for himself." 
 
 And he ad("s, af<or reviewing tho evidence :" Certainly the evidence entirely 
 " fails to relieve the appellant from responsibility for his condm,t, if the rule laid 
 " down by tho judges in reply to a question put to them by tho House of Lords in 
 " MacNaghton's case, 10 CI. & Fin. 200, be tho sound one " 
 
 Mr. .justice Killam Kays : " I have read very carefully tho report of the charge 
 " of the Majistrate, and it appears to hive boon co clearly put that the jury could 
 " have no doubt of their duty in case they thought the prisoner insane when he 
 " committed the acts in question, Thoy could not have listened to that charge 
 " without understanding fully that to bring in a verdict of guilty wan to declare 
 " emphatically their disbelief in the insanity of the prisoner." 
 
 And again : "In my opinion, the evidence was such that the jury would nothuve 
 " been justified in any other verdict than that which thoy gave. ** * Ihesitato to add 
 *' anytning to tho remarks of my brother Taylor upon the ovidenco on tho question of 
 " insanity. I have read over very carefully all the evidence that was laid before the 
 " jury, and I could say nothing that would more fully express the opinions I have 
 " formed from its perusal than whai is expressed by him. I agree with him also in 
 " saying that the prisoner has been ably and zealously defended, and that nothing 
 " that could assist his case appears to have been left untouched." 
 
 The organization and direction of such a movement is in itself irreconcilable with 
 this defence ; and tho admitted facts appear wholly to displ.ace it. The prisoner, eight 
 months before this rebellion broke out, was living in tho United States, whore he had 
 become naturalized under their laws, and was oncuoiod as a school teacher. Uo was 
 solicited to come, it is said, by a deputation oi prominent men among the French 
 half-breeds,whowont to him from the North-West Territories, and, after a conference, 
 requested him to return with them, and assist in obtaining certain rights which they 
 claimed from the Dominion Government, and the redress of certain alleged griev- 
 ances. He arrived in the Territories in July, 1884, and for a period of eight months was 
 actively engaged in discasssing, both publicly and privately, the matters for which ho 
 had come, addressing many public meetings upon them in a settlement composed of 
 about six hundred French and a larger number of English half breeds, together with 
 others. The English half-breeds and other settlers observed bis course, and saw 
 reason to fear the outbreak which followed ; but the sugges' ion of insanity never 
 occurred, either to those who dreaded his influence in public matters over his race, 
 and would have been glad to counteract it, or to the many hundreds who unhappily 
 listened to him and were guided by his evil counsels to their ruin. 
 
 If, up to tho eve of the resort to arms, his sanity was opon to question, it is unac- 
 countable that no one, either among his followers or his opponents, should have called 
 public attention to it. If the Government had then attempted to place him under 
 
 \ 
 
47 
 
 roHtraintttH a lunatic, it \h bo'liwoJ that noono would huvo boon found to justify thoir 
 action, and that thoHe who •'.%• aHHort him to navo boon irroHponMiblo would havo 
 been loud and well warranted in thoir protest. It may bo well aUo to call attention 
 to tho obviouH inconHiHtoncy of thoHO porHOMH — not a fvsw — who havo urged the 
 alloj,'ed mal-udrainiHtnition of tho atluirH of tho JSiorth-WoHl TorrltoriuH by the 
 Government as a ground for interfering with the flontonco, without coasing to 
 InwiHt upon tho plea of inHunity. Tho prinonoi cannot havo boon entitled to conHivior- 
 ation both oh the patriotic roproHentalivo of hiH race and an irroBponsiblo lunatic. 
 It may bo ftMkod, too, if tho leader wuh insane, upon what fair ground those who 
 wor^ )torHuiidcd by and ibllowcd him could bo lield roKponsiblo ; and if not, who 
 could havo been pnnit-hcd for orimoH which ho unqoohtionably called for it. 
 
 It hart boon urged, however, that his nature wart excitable, and bin mental bal- 
 ance uncertain ; that an tho ugitttion incroabod his natural dispoHition overcame him, 
 and that thcroHort to violence waw the rowult of ovor-wrought fooling, ending in 
 inHanity, for which ho cannot fairly bo held accountable — that, in Bhort, ho was 
 ovorcomo by ovonta not foreseen or intended by him. 
 
 A simple statomont of the facts will show that thirt view is wholly without 
 foundation ; that throughout he controlled and created tho eventH, and wart tho 
 loader, not tho follower; and that the roHort to armed violence waw dortigncd and 
 carried out by him deliberately, and with a promedltution which loaves no room 
 whatever for this plea. 
 
 The first collision with tho troops occurred at Duck Lake on the 26th of Ms rch, 
 1885. 
 
 On tho .Srd of March previous tho prisoner was at a mooting whore there wore 
 about bixty of his followorn, nearly all urmod. lie spoko at that mooting, and H.iid 
 that the police wanted to arrortt him. "But those" ho si'.id, " are tho real police," 
 pointing to those present. On tho alb he told Charles Nolin that ho had decided to 
 induce the people to take up arm.", and ho had begun to speak to hin» oi' doing so an 
 early as December previous. 
 
 On the 17th of March he said to Dr. G.Willoughl-y, sixty or seventy armod half- 
 breeds being present, that ihoy intended to strike a blow to assjrt thoir rights; and, 
 pointing to the men, " You see now I have my police. In one week that little 
 Government police will bo wiped out of existence." lie added that the time had 
 come when ho was to rule this country or porish in tho attempt, and that the 
 fobollion of fifteen years ago (in which he had also been tho loader) " would not be 
 a patch upon this one" 
 
 To Mr. Lash, whom, on the ISth of March, at the head of his armed followers, ho 
 arrested, ho said that tho rebellion had commenced, and they intended to fight until 
 tho whole of tho Saskatchewan Valley was in thoir hands; that ho had been v,aiting 
 fifteen yot;rs, and at last his opportunity had come ; and that ho would givo the police 
 every opportunity to surroi.der, but if they did not do so there would bo bloodshed. 
 
 On tho same day he, with about fifty armed followers, camo to tho stores of the 
 witnesses Kerr and Walters, and demanded the arms .^.nd ammunition, tho removal 
 of which he superintended. 
 
 On the 20th, ho said to Thomas McKay that this was Major Crozior's last oppor- 
 tunity of averting bloodslioJ, and that, unless ho surrendored Fort Carleton, an attack 
 would be made that night. 
 
 On the 21st the prisoner sent a demand, written and signed by himself, to the 
 same Maj )r Cioi:Ior, then in command of tho Mounted Police at Fort Carleton, 
 demanding an uncoi;<litional surrender of tho fort and of his force, and threatening a 
 war of extermination on refusal. This demand was not presented as written, 
 because his messengei' who carried it, on conferring with Major Crozi«r's representa- 
 ti''©, saw thj\t it would bo peremptorily rejected. 
 
 On the 26th tho prisoner, with a force of between throe and four hundred armed 
 men, proceeded to attack the pol'ce and tho volunteers, on thoir way from Fort 
 Carleton to Duck Lake, and ho himself gave tho command to fire, when nine men 
 ■were killed. 
 
 It has been made a question which side fired first on this occasion, but lliol's 
 own statement to Capt. Young was, that they woro endeavoring to surround the 
 
6 
 
 Government force while Major Crozior was engaged in a parley with one of Eiol'a 
 people; and that it was part of his plan to capture the police force, or some high Gov- 
 ernment official, in order to compel negotiations, has been stated by him to the Eev. 
 Mr. Pitblado and to others, as well as to Capt. Young. 
 
 From that time until the suppression of the rebellion by the taking of Batoche, 
 on the 12th of May, he was the unquestioned leader of the movement. Being ui-ged 
 by Mr. Astley, after the second engagement, which took place at Fish Creek, to allow 
 him to negotiate, he said to him, what he also repeated to the wit\ oss Eoss, that 
 they must have anoUier victory iirst, when they would be able to make better terms 
 with the Govornmont; and to the oi.d he remained, not merely in the ostensible, but 
 in the actual control of the armed force, negotiating in that capacity with the com- 
 mander of the troops, and with an authority never doubted by those who, being his 
 prisoners, observed his conduct, or questionoa by any one of those in arms under 
 him. 
 
 It may be assorted with confidence that there never hae been a rebellion more 
 completely dependent upon one man ; that had he at any moment so desired, it 
 would have come to an end ; and that had he been removed a day before the out- 
 break it would, in all probability, never have occurred. A dispassionate perusal of 
 the wLole evidence will leave no room for doubt unon this point, and that this was 
 his own opinion appears by his statement to Father Andre, to be presently 
 referred to. 
 
 Finally, under this head, as regards the mental state of the prisoner, after 
 his trial and before execution, careful enquiry was made into this question by 
 medical exports employed confidentially by the Government for that purpose, and 
 nothing was elicited showing any change in his mental powers or casting any doubt 
 upon his perfect knowledge of his crime, or justifying the idea that he had not such 
 mental capacity as to know the nature and quality of the act for which he was 
 convicted, as to know that the act was wrong, and as to be able to control his own 
 conduct. 
 
 3. It has been urged that the prisoner's crime was a political one, inspired by 
 political motives alone ; that a rebellion prompt;?d only for the redress of alleged 
 political grievances differs widely from an ordinary crime, and that, however erro- 
 neous may be the judgment of its leader, in endeavoring to redress the supposed 
 wrongs of others, he is entitled, at least, to be regarded as unselfish, and as in his own 
 view patriotic. 
 
 This ground has been most earnestly considered, but the Government has been 
 unable to recognize in the prisoner a political offender only, or to see that upon the 
 evidence there can be any doubt that his motives were mainly selfish. On the con- 
 trary, it seems plain that he was willing at any moment, for the sake of gain, to 
 desert his deluded followers, and to abandon his efforts for the redress of their alleged 
 grievances if, under cover of them, ho could have obtained satisfaction for his own 
 personal money demands. 
 
 It is believed that many who have espoused his cause and desired to avert from 
 him the sentence which the law pronounced must have been ignorant of this 
 fact, or cannot duly have considered its proper effect, for it seems incredible that 
 anyone knowing it could regard the prisoner as entitled to the character of apatriot, 
 or adopt him as the representr.tive of an honorable race. 
 
 It is to be remembered that the prisoner had left this country and gone to the 
 United States, where he had become an American citizen. He was brought here, 
 therefore,, avowedly to represent the claims of others, although in his letter of accept- 
 ance to the delegates ho mentioned his own grievances as enabling him to make 
 common cause with them. It is clear, however, from the evidence of Dr. Willoughby 
 and Mr. Astley, that from the beginning hie own demand, which he himself claimed 
 against the Government, was uppermost in his thoughts, and as early as December 
 ho attempted to make a direct bargain with the Government for its satisfaction. 
 
 Father Andre was a witness called on behalf of the prisoner, and there can 
 bo no reason whatever to question the correctness of his statomont. His evidence on 
 cross-examination by Mr. Casgraiu was as follows :~ 
 
" Q. I believe in the month of December, 1884, you had an interview with Kiel 
 "and Nolin,with regard to a certain sum of money which the prisoner claimed from 
 " the Federal Government ? " 
 
 " A. Not with Nolin. Nolin was not present at the interview ? " 
 
 " Q. The prisoner was there ? " 
 
 " A. Yes." 
 
 " Q. Will you please &tate what the prisoner asked of the Federal Govornmont ?" 
 
 " A. I had two interviews with the prisoner on that subject." 
 
 " Q. The prisoner claimed a certain indemnity from the Federal Government. 
 " didn't he ? " 
 
 "A. When the prisoner made his claim I was there with another gentleman, 
 " and he asked from the Government $100,000. We thought that was exorbitant, 
 " and the prisoner said ' Wait a little ; I will take at once $35,000 cash."' 
 
 ' Q. And on that eonditior *,he prisoner was lo leave the country, if the Govern- 
 " meut gave him the $35,000 ? ' 
 
 " A. Yes, that was the condition he put." 
 
 "Q. When was this?" 
 
 "A. This was on the 23rd December, 1884." 
 
 •' Q. There was also another interview between you and the prisoner? " 
 
 " A. There has been about twenty interviews between us." 
 
 " Q. He was always after you to ask you to use your influence with the Federal 
 " Government to obtain this indemnity ? " 
 
 " A, The first time he spoke of it was on the 12th December, ile had never 
 " spoken a word about it before, and on the 23rd of December '^e spoke about it 
 " again." ^ 
 
 " Q. He talked about it very frequently ? " 
 
 " A. On those two occasions only." 
 
 " Q. That was his great occupation ? " 
 
 " A. Yes, at those times." 
 
 *' Q. Is it not true that the priboner told you ho himfcelf was the half -breed ques- 
 " tion ? " . 
 
 " A. He did not say so in express terms, but he convoyed that idea. He said : 
 " ' If I am satisfied, the half-breeds will be.' I must explain this. This objection was 
 " made to him, that even if the Government granted him the $35,000 the half-b*eed 
 " question would remain the same, and he said, in answer to that : ' If I am satisfied 
 " the half-breeds will be.' " 
 
 " Q. Is it not a tact he told you he would even accept a loss sum thun the 
 "$3:.,000?" 
 
 " A. Yes. He said : ' Use all the influence you can ; you may not get all «hat, but 
 " get all you can, and if vou got less we will see.' ' 
 
 This evidence confirms that of Charles Nolin, a very prominent half-breed, at 
 one time Minister of Agriculture in the Government of Manitoba, who had strongly 
 sympathised with Eiel and the movement, until armed rebellion became imminent, 
 when he separated from him, and afterwards gave evidence for the Crown. This was 
 his testimony : 
 
 " In the beginning of December, 1884, he began to show a desire to have money ; 
 " he spoke to me about it first, I think. 
 
 " Q. How much did ho say he wanted ? " 
 
 "A. The first time ho spoko of money I think he daiJ ho wanted $10,000 or 
 « $15,000." 
 
 " Q. From whom would he get the money ? " 
 
 " A, The first time he spoke about it he did not know any particular plan to cet 
 " it; at the same time, ho tc'rl mo that he wanted to claim an indemnity from the 
 " Canadian Government. liv said that the Canadian Government owod him about 
 " $100,000, and then tbo question arose who the persons were whon^ he would have 
 " to talk tJ the Government about the indemnity. Some time after that the prisoner 
 " told me that ho had an interview with Father Andre, and that he haJ made peace 
 " with the Church J that since his arrival in the country ho had tried to separate the 
 
8 
 
 " people from the clorgy ; that until that time ho was at open war almost with the 
 " clorW. He said that ho went to the church with Father Andre, and in the presence 
 " of another priest and the Blessed Sacrament he had made peace, and said that ho 
 " would never again do anything against the clergy. Father Andre told him ho 
 " would use his influence with the Govornmont to obtain for him $3a,00ij. Ho baid 
 " that ho would be contented with $35,000 then, and that he would settle with the 
 " Govornmont himself for the balance of the $100,000. That agreement took place 
 " at Pi'ineo Albert. The agreement took place at St. Laurent, and then Father 
 " Andr6 went back to his mission at Prince Albert." 
 
 " Q. Before December were there meetings at which Eiel spoko, and at which you 
 " wore present ?" 
 
 " A; Yes." 
 
 " Q. How many." . , ., u . r 
 
 " A. Till the 2.1th February. I assisted at seven meetings, to the best ot my 
 
 " kiiowlcd'^o." 
 
 " Q. Bid the prisoner toll you what ho would do if the Government psid him the 
 
 " indemnity in question ? " 
 
 " A. Yes." 
 
 " Q. What did ho toll you ? " 
 
 " A. Eo said if ho got the money he wanted from the Govornmont, ho said ho 
 " would "go wherever the Government wished to send him. Ho had told that to 
 " Father Andre, If he was an embarrassment to the Government by remaining in 
 " the North- West ho would oven go to the Province of Q lobec. Ho eaid also that 
 " if ho sot the money he would go to the United States and start a paper, a d raise 
 " iho other nationalities in the Statei. He said : ' Bofore the grass is that high in this 
 " country you will soo foreign armies in this country.' Ho said ' I will commence 
 " by destroying Manitoba, and then I will come and destroy the North "West and take 
 " possession of the North- West.'" , , . ^, 
 
 Much has been made of the argument that tho prisoner camo here at the request 
 of others but for which he would have remained away, and that being here ho 
 desired to return to tho United States, and would havo done so were it not for the 
 urgency of those who had induced him to come. As to this, Charles Nohn swore as 
 
 " Q. Was there a meeting about that time, about tho 8th or 24t,b of February ?" 
 
 ''A. A meeting?" 
 
 " Q. At which tho prisoner spoke ?" 
 
 " A. There was a meeting on the 24th of February, when tho prisoner was 
 
 ^^^^^•'q! What took place at that mooting ; did the prisoner say anything about his 
 " departing for tho United States ?" 
 
 " A. Yos." 
 
 •' Q. What did tho prisoner tell you about that ? .. , 
 
 " A Ho told me that it would be well to try and mako it appear as it they 
 " wanted to stop him goinc; to the Spates. Five or sis persons wore appointed to go 
 " among tho people, and when Kiel's going away was spoken about, the people wore 
 " to Huy ' No, No.' It was expected that Gagnon would bo there, but he was not 
 " ihore. E o'l never had any intention of leaving tho country." 
 
 " Q. Who instructed the people to do that ?" 
 
 " A. I?iel suggested that himself." 
 
 " Q. Was that put in practice ? " 
 
 " A Yos." 
 
 The" Counsel for the other half-breeds who pleaded guilty also stated in court 
 that lliel had hirasoh' procured tho request to him to come to this country; and 
 on two occasions in court those learned gentlemen most earnestly and indignantly 
 denounced the prisoner as one who had misled and deceived their clients, and to 
 whom all tho misery and ruin which this unhappy rebellion had brought upon 
 
 thorn was to bo allrlbutcd. , i-*- i 
 
 But if an unseltish desire could bo credited to the prisoner to redress political 
 
 wrongs even by armed rebellion, it would at least havo boon nocoHsary to disprove 
 
9 
 
 the charge which lies againot him, that in his own mind the claims of humanity had 
 no place, but that he was prepared to carry out his designs by bringing upon an 
 unoffending poopio all the horrors of an Indian rising, with the outrages and atrocities 
 which, as he knew lull well, must inevitably accompany it. That this cannot be 
 disproved, but that it is beyond all dispute true, the evidence makes plain. 
 
 From the beginning, even before Duck Lake, he was found in company with 
 Indians armed, and to the end he availed himself of their assistance. 
 
 In that engagement, the first occasion of bloodshed, according to the evidence of 
 the witnesses Astley, Ross and William Tompkins, the Indians composed a large 
 portion of his force — one-third, or thereabouts. 
 
 In a letter found in the camp of Poundmaker, an Indian Chief, in the prisoner's 
 handwriting, and signed by him, after describing in most exaggerated language 
 what is termed their victory at Duck Lake, it is said : " Praise God for the success 
 " He has given us. Capture all the police you possibly can. Preserve their arms. 
 " Take Fort Battle, but save the provisions, munitions and arms. Send a detachment 
 " to us of at least one hundred men." 
 
 In a draft letter, also in his handwriting, and proved at the trial, addressed to 
 the French and English Metis from Battle River to Fort Pitt, the following expres- 
 sions are found : — 
 
 " We will help you to take Fort Battle and Fort Pitt. ¥ * * Try 
 " and have the news which wo send to you conveyed as soon as possible to the Metis 
 " and Indians of Fort Pitt. Tell them to be on their guard ; to prepare themselves 
 " for everything. * * * t^j^^ ^j^j^ ^.^^ ^j^^ Indians ; gather them 
 " together everywhere. Take all the ammunition you can, in whatever stores they 
 " may be. Murmur, growl and threaten. Rouse up the Indians." 
 
 Other evidence to the same effect was given at the trial, and it may be added 
 that in the scouting reports and Orders in Council the active employment of Indians 
 in carrying on hofttilities clearly appears. 
 
 It could not be overlooked either, upon an application for executive clemency, 
 that upon the trials of One Arrow, Poundmaker, White Cap and other Indians, it was 
 apparent that they wore excited to the acts of rebellion by the prisoner and his emis- 
 saries. Many of these Indians so incited and acting with him from the commence- 
 ment were rolugee Sioux from the United States, said to have been concerned in the 
 Minnesota massacre and the Castor affair, and therefore of a most dangerous class. 
 
 It is to the credit of the Indian chiefs that their in^:once was used to prevent 
 barbarity, but by individuals among them several cold-blooded, deliberate mui-ders 
 wore committed, for which the perpetrators now Ho under sentence of death. These 
 crimes took j)lace during the rebellion, and can be attributed only to the excitement 
 arising out of it. 
 
 4. WLothor rebellion alone should be punished with death is a question upon which 
 opinions niuy differ. Treason will probably ever remain what it always has been 
 among civilized nations, the highest of all crimes ; but each conviction for that offence 
 must bo treated and disposed of by the Executive Government upon its own merits, 
 and with u full consideration of all the attendant circumstances. In this particular 
 instance, it was a second offence and, as on the first occasion, accompanied by blood- 
 shed under Iho direct and immediate order of the prisoner, and by the atrocity of 
 attempting to iiicite an Indian warfare, the possible results of which the prisoner 
 could and did thoroughly appreciate. In deciding upon the application for the com- 
 mutation of the sentence passed upon the prisoner the Government were obliged to 
 keep in view the need of exemplary and deterrent punishment for '^rimo committed 
 in a country situated in regard to settlement and population as are the North- West 
 Territories; the isolation and defenceless position of the settlers alioady there; the 
 horrors to which they would be exposed m the event of an Indian outbreak; the 
 effect upon intending settlers of any weakness in the administration of the law ; and 
 the consequences which must follow in such a country if it came to be believed that 
 Buch crimes as Riel's could bo committed, without incurring the extreme 
 penalty of the laWf by any one ivho was either subjoot to delusions or 
 could lead people to believe that he was so subject. The crime of' the 
 
10 
 
 priBOnev was no constructive troaeon ; it was accomy-anied by much bloodshed, 
 Inflicted by his own direct orders ; and the Government have felt, upon a full and 
 most earnest consideration of the case, that thoy would have been unworthy of the 
 power with which thoy are entrusted by the whole people, and would have neglected 
 their plain duty to all classes, had they interfered with the due execution of a sentence 
 pronounced as the result of a just verdict, and sanctioned by u iighteoub law. 
 
 A. CAMPBELL, 
 
 (Minister oj Justice during the vroceedinga against Riel.)