Montréal, 19 mars 1838

The petition of Louis Michel Viger of the city of Montreal, Esquire, humbly sheweth:

That your petitioner was on the 18th day of November last past arrested in the city of Montreal and conveyed to the Common Goal in and for the district of Montreal, into which he was received by the keeper of the said Common Goal, and there detained as a prisoner cherged with the offence of High Treason until the 7th day of December last, on which last mentioned day your petitioner was without his consent, and against his will, transferred and removed from the said Common Goal to a certain building heretofore used as a Common Goal for the said district, being a building situated on a lot of ground adjoining to the lot on which the Court House in the city of Montreal is erected and stands, and commonly known as the Old Goal of this district, in which building your petitioner, since the last mentioned day, hath been and continue to be imprisoned and kept in close confinement.

That your petitioner did on several occasions apply to the Honorable Roch de St Ours, our sheriff of the district, in whose custody your petitioner, as charged with a criminal offence cognizable by the existing statute and common Law and by the said Court, was taken and supposed to be, for a copy of the warrant or warrants of arrest and committment under which he had been taken and detained as aforesaid, but that the same was refused.

That your petitioner, by his prayer or petition in open Court in the first week of the last sessions or term of the said Court holding a criminal jurisdiction, did pray to be brought to his trial for the offence of which he stands accused.

That your petitioner not having been indicted at any time during the said sessions or term, he did on the last day of the said sessions or term move the said Court to be set at liberty upon bail, and an order was thereupon given that the sheriff of the said district should bring up your petitioner, if in his custody, before your Honors, on the 12th day of the now month of March, to the end that your petitioner might be admitted to bail.

That on the 13th day of the now month of March, your petitioner did apply for and obtain from the Honorable Jean Roch Rolland, one of the Justices of the said Court, a writ of Habeas Corpus ad subjiciendum directed to the said Honorable Roch de St Ours, sheriff of the district of Montreal, retournable immediate

commanding him to have the body of your petitioner before the said Justice, with the day and cause of his capture and detention to do, submit to, and receive whatsoever the said Justice should consider in that behalf.

That the said Honorable Roch de St Ours as aforesaid did return to the said writ that your petitioner was committed to the charge and custody of Charles Wand, keeper of the Common Goal of the district, and therein confined on the 18th day of November last, by virtue of a certain warrant, a copy of which is included in the said return, charging your petitioner with the crime of High Treason.

That afterwards to wit on the 20th day of November last, your petitioner was further committed to the charge and custody of the said Charles Wand, as such keeper by virtue of a certain other warrant, a copy of which is also included in the said return, and which last mentioned warrant reiterates the charge of High Treason.

That afterwards to wit on the 21st day of November last, your petitioner was further committed to the charge and custody of Charles Wand, as such keeper by virtue of a certain other warrant, a copy of which is also included in the said return, and which last mentioned warrant reiterates the charge of High Treason. That afterwards to wit on the 23rd day of November last, your petitioner was further committed to the charge and custody of Charles Wand, as such keeper by virtue of a certain other warrant, a copy of which is also included in the said return, and which last mentioned warrant reiterates the charge of High Treason. That afterwards to wit on the 27th day of November last, your petitioner was further committed to the charge and custody of Charles Wand, as such keeper by virtue of a certain other warrant, a copy of which is also included in the said return, and which last mentioned warrant reiterates the charge of High Treason. That afterwards to wit on the on the 30th day of November last, your petitioner was further committed to the charge and custody of Charles Wand, as such keeper by virtue of a certain other warrant, a copy of which is also included in the said return, and which last mentioned warrant reiterates the charge of High Treason.

That afterwards to wit on the 4th day of December last, your petitioner was further committed to the charge and custody of Charles Wand, as such keeper by virtue of a certain other warrant, a copy of which is also included in the said return, and which last mentioned warrant reiterates the charge of High Treason. That the matters of things set forth in the said warrants were the causes of the capture and detention of your petitioner.

That your petitioner was detained for the said causes from the 18th day of November until the 7th day of the month of December. That on the last mentioned day your petitioner was taken by a military guard from the said Common Goal and removed from the custody and keeping of the said Charles Wand and from his custody by a military force pursuant to an order in that behalf given by His Excellency the Lieutenant General, Commander of Her Majesty's Forces in the Province of Lower Canada in virtue of the Royal Commission bearing date the 5th day of December 1837, by which His Excellency the Governor in Chief by and with the advice of the Executive Council of the said Province, had been pleased to authorise and command him the said Lieutenant General to execute Martial Law in the said district of Montreal, and that since the said forcible removal of your petitioner, your petitioner had not been and was not then in the custody of the said keeper of the said Common Goal or in his custody. And that was the cause why he could not have the body of your petitioner in obedience to the said writ.

And your petitioner further says that Charles Wetherall, Esquire, Lieutenant Colonel of Her Majestys first or Royal Regiment of Foot hath been appointed and is now commandant of the Garrison of Montreal, and as such hath had committed to his charge custody and safe keeping, as declared and acknowledged by himself, a certain number of prisoners, for whom he is responsible.

That the building in which your petitioner is detained as aforesaid, with all the prisoners therein lodged, is guarded, protected and held by the military to the exclusion of the Civil Authorities. And...