But the mass of the people being hunters, and 

 finding it difficult otherwise to gain a living, 

 hardly recognized this— and indeed the com- 

 pany had not enforced their claim. For some 

 reason, according to some, on Judge Thom's 

 advice— it was decided to enforce the right of 

 company. Accordingly, in 1844, Governor 

 Christie issued two proclamations, one of 

 them requiring each settler before the com- 

 pany would carry any goods for him to make a 

 declaration that for the past winter he had 

 not, directly or indirectly engaged in 

 the fur trade ; the other proclamation required 

 the writer of any letter, which was sent 

 bj- post to write his name on the outside, and 

 should he not have made the declaration re- 

 quired as to trading in furs then his letter 

 must be deposited in the office, open, to be 

 examined before being sent. These were 

 tyrannical and severe enactments. Cases aie 

 cited in which settlers, traders, and even mis- 

 sionaries were caused much inconvenience and 

 loss by these stringent regulations. The gov- 

 ernor and the legal adviser. Judge Thorn, 

 naturally received the greater part of popular 

 disapproval. The French half-breeds took 

 the lead in the agitation against the company. 

 A strange story is related as to the way in 

 which the English half breeds who had hither- 

 to supported the claim of the company, came 

 to throw in their lot with their French fellow- 

 countrymen. A company officer had left his 

 two daughters at Fort Garry to be educated- 

 One of them was the object of the affection of 

 a young Scotch half-breed, and at the same 

 time of a young Highlander. The young lady 

 is said to have preferred the Metis, but the 

 fond parent favored the young Highlander. 

 The Scotchman, fortified by the father's ap- 

 proval, proceeded to upbraid the Metis for his 

 temerity in aspiring to the hand of one so 

 high in society as the lady. As love ruined 

 Troy so it is said this affair joined French and 

 English half-breeds in a union to defeat the 

 company. 



THE SAYEK AFFAIR. 



During the five years after the publication 

 of the proclamation a constant agitation was 

 going on among the French. The leader of j 

 this uproar bore a name better known to the 

 present generation as that of his son, 

 Louis Riel. Riel the elder was born at 

 Isle a la Crosse, and was the son of a 

 French Canadian father, and a French half- 

 breed mocher. He was educated in Lower 

 Canada, came to the Northwest to enter the 

 service of the company, and was for two years 

 a novice in the Oblate order. He afterwards 

 built a water mill on the Seine, three or four 

 miles from St. Boniface, made a canal nine 

 miles long to feed it, and was married to one 

 of the well known Lagimodiere family, and 

 from'this union sprang Louis Riel of rebellion 

 fame. The miller of the Seine was a very 

 capable man ; had a great power over his 

 fellow-countrymen ; and was a born agitator. 

 When popular feeling had been thoroughly 

 roused it happened that in 1849 Guillaume 

 Sayer, a French half-breed trader, bought 

 goods intending to go on a trading expedition 

 to Lake Manitoba. It was determined to ar- 

 rest Sayer and three of his associates. This 



was done, but Saj'er only was kept in prison. 

 As the day of trial drew near the excite- 

 ment grew intense. Governor Caldwell was 

 known to be inflexible. Judge Thom, it was 

 rememberpj, had written the famo is "Anti 

 Gallic letters" in Montreal ; he was, moreover, 

 said to be the director of the policy of re- 

 striction, and a strong Company man. The 

 day of trial had been fixed for Ascension day, 

 May 17th, and this was taken as a religious 

 affront by the French. The court was to meet 

 in the morning. On the day of the trial hun- 

 dreds of French Metis, armed, came from all 

 the settlements to St. Boniface church, and 

 leaving their guns at the door of the church, 

 entered for service. At the close they gath- 

 ered together and were addressed in a fiery 

 oration by Louis Riel. A fellow countryman 

 writing of the matter says : "Louis Riel ob- 

 tained a veritable triumph on that occasion, 

 and long and loud the hurrahs were repeated 

 by the echoes of the Red river." Crossing by 

 way of Point Douglas, the Metis surrounded 

 the unguarded court house at Fort Garry. 

 The governor and judge arrived and took their 

 seats at eleven o'clock. A curious scene then 

 ensued, the magistrates protesting against the 

 violence, Riel in loud tones declarine that 

 they would give the tribunal one hour, and 

 that if justice were not done, then they would 

 do it themselves. An altercaticm then took 

 place between Judge Thoni and Riel, and with* 

 his loud declaration : "Et je declare 



que dis ce moment Sayer est libre" 



drowned by the shouts of the Metis, the trial 

 was over and Sayer and his fellow prisoners 

 betook themselves to freedom, while the 

 departing Metis cried out : "Le commerce 

 est libre I le commerce est libre ! vive la 

 liberte. " This crisis was a serious one. Judge 

 Thom, at the suggestion of Sir George Simp- 

 son did not take his place on the bench for a 

 year though he still held his positioij and his 

 emoluments. It was the end of the attempt 

 of the company to enforce its distasteful mono- 

 poly 



OTHER CASES. 



The constitution of the court at Fort Garry 

 made it quite posbible for the recorder to ab- 

 sent himself and for the governor and asso- 

 ciated magistrates to carry on the business. 

 About a year after the Sayer affair a very 

 complicated case arose in which what would 

 be called the leaders of society at Fort Garry 

 were involved. It was a quarrel of Company 

 officials. Capt. Foss, stafl' officer of the pen- 

 sioners, brought an action for defamation of 

 character against Trader Peily and his wife 

 and two other persons for ernnectirg his 

 name dishonorably with the family of the 

 gentleman in charge of Fort Garry. Governor 

 Simpson and Judge Thom examined into the 

 case privately, and on the occasion 

 of the trial Judge Thom took his seat 

 again as recorder, though apparently 

 much to the displeasure of Governoi Caldwell. 

 After this, for a year with the axJproval of Gov. 

 Simpson, the recorder did not sit. In 1851 

 Judge Thc-iii was appointed clerk ^>f ttie court 

 with the same salary as formerly and so con- 

 tinued to act until the time of his departure 

 for England. Records of other cases than 



