CHAPTER XVIII.

THE OGRE OF JUSTICE.

The wild life of the prairie or mountain cultivates a spirit of freedom.

When individuals must become a law unto themselves, when the absence of

steamers, railways, electric power, work-shops, and mills, throws men on

their own resources, they find it irksome to obey the law. They regard

its restrictions as tyrannical. The prairie horse becomes free. He must

be caught with the lasso, he needs to be hobbled near the camp, it is

necessary to curb him in his temper, but in his wild state he can

provide for himself. He knows the best pasture and seeks it, he is

acquainted with the water courses and finds them, he returns or not to

his stable or covert at his own sweet will, he fights the wolf or the

bear and protects the colts from the wild beasts.

As is the prairie steed, so to a large extent is his master. He is apt

to despise civilization, prefers his buckskin coat and fringed leggings,

and loves the moccasin rather than the stiff leather shoe.

With him the idea of sub-division of property is not developed. There

are no local game laws. He shoots large or small game, moose or prairie

chicken, whenever he can find them. He traps on whatever stream he

chooses. His idea of personal property is very liberal. He is

large-hearted and bountiful, divides his find of game with his

neighbors, and his shanty has, as he says, "a latch hanging outside the

door," for any wanderer or passing stranger.

This many-sided notion of freedom belongs to all primitive peoples and

societies. Of the Red River Community the French half-breed was of the

most unsubdued and restive type, for he followed the ways of the

Indians, while the Selkirk Colonists and their descendants always

professed to be farmers, and hunting was only their diversion. Moreover,

being of Scottish blood, they had been taught to fear God and honor the

King.

We have seen that Governor Simpson had a plan in his mind for gaining

control and preserving order in his own kingdom. His idea of building

fortified stone forts is chiefly seen in the cases of Upper and Lower

Forts Garry. Fort Garry was, as we have seen, well on the way to

completion by the time of the French outbreak in connection with

Larocque. And Governor Christie was authorized to go on and construct a

still more elaborate fort at the Forks to replace the wooden Fort Garry

built shortly after the union of the Companies. Thus, a large Fort with

numerous buildings, suitable for trade and residence, was begun in 1835,

and around it a substantial stone wall was built. The dimensions from

east to west were 280 feet, and from north to south 240 feet. The fort

faced the Assiniboine River, and each of its corners showed a large and

well-built bastion. The bastions were provided with port holes, and all

about the structure suggested the possibility of an armed struggle. This

was begun in the same year as the formation of the Council of

Assiniboia, and was fairly advanced to completion by 1839. Laws for the

government of the people, and the administration of justice were passed

by the Council, in accordance with the opening address of Governor

Simpson, when he said: "The time is at length arrived, when it becomes

necessary to put the administration of justice on a more firm and

regular footing than heretofore."

And now, in 1839, in this Arcadia of Red River there became evident the

dreadful presence of the law in the person of Adam Thom, first Recorder

of Rupert's Land, who, as compared with the humble incomes of the people

of Red River, had the enormous salary of £700 a year bestowed upon him

by the Hudson's Bay Company. The plan was a very real one in Governor

Simpson's mind when he took a step so decided.

[Illustration: ADAM THOM, LL.D. Recorder and Author. Lived in Red River

Settlement 1839-1854.]

And the man who had been chosen for this post was no man of putty. He

was a Scotchman of commanding presence, decided opinions and strong

will. He was a man of rather aggressive and combative disposition. The

writer met him in London long after he had retired--and this was some

thirty years ago, and though the judge was then upwards of three score

and ten, he was yet a man of force and decision. A graduate of Aberdeen

University, Adam Thom had come to Montreal as a lawyer, and was for a

time on Lord Durham's staff. He had taken high ground against Papineau's

rebellion, and was known as one of the strongest newspaper

controversialists of the time. He was a determined opponent of the

French-Canadian rebellion, as he was of rebellion in any form whatever.

Evidently, Governor Simpson chose a man "after his own heart" for the

difficult task, of introducing law and order among the turbulent

Nor'-Westers.

The arrival of the new Judge in the Red River Settlement gave rise to

much comment. The spirit of discontent had strengthened, as we have seen

among the Colonists and English-speaking half-breeds. The Hudson's Bay

Company had now re-bought the land of Assiniboia from Lord Selkirk's

heirs. Hitherto it was difficult to find out precisely who their

oppressor was. Now, though Governor Simpson sought by diplomacy to evade

the responsibility, yet the explanation given by the Colonists of the

arrival of Recorder Thom, was that he had come to uphold the Company's

pretensions and to restrict their liberties. According to Ross, the

Colonists reasoned that "a man placed in Recorder Thom's position,

liable to be turned out of office at the Company's pleasure, naturally

provokes the doubt whether he could at all times be proof against the

sin of partiality. Is it likely," they said, "that he could always take

the impartial view of a case that might involve in its results his own

interests or deprive him of his daily bread?"

Likewise, on the part of the French half-breeds, there was the same

distrust in regard to the limiting of the privileges which they enjoyed,

while along with this it had been noised about that during the Papineau

trouble in Canada, the Judge was no favorite of the French. The French

half-breeds, accordingly, became strongly prejudiced against the new

Recorder.

In the year after the arrival of Recorder Thom, a most startling and

mysterious event--which indeed has never been solved to the present day,

happened in the case of Thomas Simpson, who it will be remembered had

roused by his crushing blow on the head of Larocque, the rage of the

whole French half-breed community. The case was that Thomas Simpson,

with a party of natives, had been going southward through Minnesota,

ahead of the main body of sojourners. In a state of frenzy he had shot

two of his four companions. The other two returned to the main body, and

got assistance. He was seen to be alive as they approached him, a shot

was heard, and then shots were fired in his direction by those observing

him. Whether he committed suicide or was killed by those approaching,

some of whom were French, will never be known. The fact that he had

quarreled with the French half-breeds, five years before this event, was

used to throw suspicion. The body of Simpson was carried back to St.

John's Cemetery in Winnipeg, and it is said was buried along the wall in

token of the belief that he had committed suicide.

What the body of the people had feared in the tightening of the legal

restrictions by the new laws and new officials, did actually take place.

The French half-breeds were, as we have seen, chiefly given to hunting.

In theory, the Hudson's Bay Company possessed _all hunting rights under

their charter_. A French-Canadian, Larant, and another half-breed also,

had the furs, which they had hunted for, forcibly taken from them by

legal authority, while in a third case an offender against the game laws

had been actually deported to York Factory. Alarm was now general among

the French half-breeds. Hitherto the English half-breeds had been loyal

to the Company. Alexander Ross gives an incident worth repeating as to

how even the English half-breeds became rebellious. He says: "One of the

Company's officers, residing at a distance, had placed two of his

daughters at the boarding-school in the Settlement. An English

half-breed, a comely well-behaved young man, of respectable connections,

was paying his addresses to one of these young ladies, and had asked her

in marriage. The young lady had another suitor in the person of a Scotch

lad, but her affections were in favor of the former, while her guardian,

the chief officer in Red River, preferred the latter. In his zeal to

succeed in the choice he had made for the young lady, this gentleman

sent for the half-breed and reprimanded him for aspiring to the hand of

a lady, accustomed, as he expressed it, to the first society. The young

man, without saying a word, put on his hat and walked out of the room;

but being the leading man among his countrymen, the whole community took

fire at the insult. 'This is the way,' said they, 'that we half-breeds

are despised and treated.' From that time they clubbed together in high

dudgeon and joined the French Malcontents against their rulers. The

French half-breeds made a flag for use on the plains called 'The

Papineau Standard.' It is plain that rightly or wrongly, Recorder Thom

has a thorny path to tread."

The Romantic Settlement of Lord Selkirk's Colonists The Pioneers of Manitoba · 第 18 / 30 章