[CRUIKSHANK] A STUDY OF DISAFFECTION IN UPPER CANADA 45 
punishment, except by the confiscation of their estates. Three of those 
held in custody, according to the ordinary rules of procedure, were 
subject to trial in the Niagara District, and the remainder in the Dis- 
trict of London. On mature deliberation it was decided to issue a 
special commission for the trial of the whole at Burlington, which was 
understood to be a place within the limits of the former district. Mr. 
Robinson at first dissented on grounds of expediency: “ Executions 
of traitors by military power,” he remarked, “ would have comparatively 
little influence. The people would consider them arbitrary acts of pun- 
ishment but would not acknowledge them as the natural effects of 
justice. Now to give the condemnation of traitors by the law of the 
land and by a jury the full effect, the common course of justice should, 
as much as possible, be observed. If these offenders are tried out of 
their proper district by virtue of this statute, it will be said, and perhaps 
with some appearance of reason, that the law was passed with a view to 
try them out of the ordinary course, and in so far in its intention, ex 
post facto. The reason of the law requiring trials to be had only in 
the district where the offence was committed is just and obvious, and 
whether the jury’s local knowledge of the characters of the accused 
and the witnesses be to the advantage of the prisoners or against him, 
it is in favor of public justice they should have it. 
“But it appears to me and this I take the liberty of urging as a 
very powerful reason for wishing these trials to be had if possible in 
their proper districts, that the local acquaintance of the jurors if 
taken from the District of London, will be much in favor of the success 
of the prosecutions. Here (York) as in the District of Niagara, and 
indeed in most other districts, more especially in those inhabited by 
emigrants from the United States, the jurors, I fear, are very indif- 
ferent to the interests of Government; indeed, if they are not wholly 
indifferent, their bias is the other way. The inhabitants of the District 
of London, however, know perfectly well the designs and intentions 
of the rebellious party. They felt that their persons and property 
were in danger from their violence, so much so that they voluntarily 
resorted to arms, to subdue them, and it is fair to suppose that men 
who risked their lives in the apprehension of these traitors will be well 
satisfied to have them punished as they deserve. Add to this that our 
witnesses, not a few, live in this District and may not easily be obtained 
out of it, besides that being in the District gives the prosecutor the op- 
portunity of making continual inquiry and discovering testimony that 
might not otherwise be had.’’! 


! John Beverley Robinson to Captain Loring, York, April 4, 1814. Can. Arch. 
Sundries, U.C. 1814; J. B. Robinson to Loring, May 12, 1814, ibid. 
