At the heart of a conflict

Descriptive transcript:

The camera frames the historian responsible for mediation and audience development, Sabrina Gaudreault-Drouin, sitting on an antique chair in the attic of Maison LePailleur. Illustrations and photos of documents punctuate her explanations.

Black screen with gold border with title; In the middle of a conflict

The trial of Joseph-Narcisse Cardinal and François-Maurice LePailleur was described by law historian F. Murray Greenwood as the worst example of abuse of the judiciary in Canadian history.

Insert the sepia photograph of François-Maurice LePailleur.

But who are Cardinal and LePailleur in the wake of the rebellions? By early November 1838 LePailleur, Cardinal, and other Patriot leaders became impatient about the help they expected from the United States.

Back to Sabrina.

So, they decided on their own to go and get weapons and ammunition.

Insert a sepia-coloured drawing depicting the Patriots of Châteauguay escorting prisoners seated in a carriage.

With 75 of their men, they marched from Châteauguay to Kahnawake in order to take the Mohawk arms depot.

Insert of a blue drawing depicting patriots armed in front of stone buildings. The image then moves to another drawing depicting the patriots at Kahnawake aiming to take the weapons depot. They are in the forest.

However, 64 of their men were captured and imprisoned in Montreal, at the Pied-du-Courant.

Insert an image of the first page of the trial transcript. It reads: TRIAL OF JOSEPH N. CARDINAL ET AL. TO WHICH THE ARGUMENTATIVE MOTION IN FAVOUR OF PRISONERS HAS BEEN ATTACHED, AND SEVERAL OTHER PRECIOUS DOCUMENTS, &C. &C. &C. BY A LAW STUDENT. MONTREAL: JOHN LOVELL PRINTER, ST. NICOLAS STREET. 1839..

On November 28, they were then tried by a court martial.

Back to Sabrina.

This is the first Patriot trial to take place before the court of Governor Colborne.

Insert a coloured drawing depicting a man smoking a pipe and carrying the Patriot flag facing an English soldier in uniform wearing the British flag.

Transition to another drawing depicting British soldiers walking on the road to the village of Châteauguay, near the river.

Transition to an illustration of two men being hanged by British soldiers in front of the jail Pied-du-Courant.

On December 8, they were found guilty of the crime of rebellion and the crime of high treason and sentenced to death.

Insert the image of the first page of the book of F-M LePailleur. We can read: François-Maurice Le Pailleur Journal d’un patriote exilé en Australie 1839-1845 Texte établi, avec introduction et notes, par Georges Aubin

At the very last minute, LePailleur benefited from favors due to his family connections and his sentence was commuted to exile for life in Australia.

Back to Sabrina.

Despite the political goodbyes that took the form of a request for forgiveness, Cardinal did not obtain the same favor of exile as LePailleur. Despite his many court challenges and skills and his demand for a fair trial by jury, nothing succeeded to change the outcome of his sentence. From the first trial and at all subsequent trials, the legality of the court martial was challenged by the defence counsel without any impact.

Insert a page from the trial of Cardinal and others. The following excerpt can be read: The prisoners before you are accused of the crime of High Treason, in that they conspired and have agreed among themselves to overthrow Her Majesty the Government of this Province, aroused a rebellion to this effect, and to better ensure its execution, lifted a public war.

The crime of high treason is then interpreted in every possible way to condemn to the death penalty all those, and I quote: “plots or imagines the death of the king, raises a war against the king.”

Back to Sabrina.

In this sense, with martial law, anyone can be sentenced to death even without having to prove his guilt.