John Fletcher (c. 1767–1844)
| John Fletcher | |
|---|---|
| Born | c. 1767 Rochester, England |
| Died | 1844-10-11 Sherbrooke, Lower Canada |
| Occupation | Lawyer; judge; militia officer |
John Fletcher (c. 1767 – 11 October 1844) was an English-born lawyer, judge, and militia officer who served in Lower Canada during the early 19th century. He is notable for his mission to Fort William in 1817 as a justice of the peace tasked with investigating the violent conflict between the Hudson's Bay Company and the North West Company, and for his long and contentious tenure as a provincial court judge at Sherbrooke.
Early life and education
Fletcher was born around 1767 in Rochester, England, into a clerical family — his father and grandfather were both Church of England clergymen. He attended St Paul's School in London and studied law, being called to the English bar. Before emigrating, he published scientific articles in London journals and delivered public lectures that were well received.[1]
Career in Lower Canada
Fletcher immigrated to Lower Canada in 1810 and was admitted to the bar at Quebec on 4 December 1810.[1] In April 1814 he stood for election in the Upper Town Quebec riding of the House of Assembly, opposing Jean-Antoine Panet and Claude Dénéchau, but received only twelve votes and withdrew from the contest.[1][2]
Through government appointments, Fletcher served as coroner for the Quebec district from 16 May 1814 to 24 September 1815, was appointed commissioner for the reconstruction of the courthouse on 6 May 1815, and became a magistrate at the Quarter Sessions on 22 November 1815.[1][3] During the War of 1812, he served as an ensign in the 6th Select Embodied Militia Battalion and was promoted to captain on 11 May 1816 in the 1st Militia Battalion of Quebec.[1]
Mission to Fort William
In October 1816, Fletcher and William Bacheler Coltman were jointly appointed justices of the peace for Indian Territory in the northwest, with a mandate to investigate crimes arising from the conflict between the Hudson's Bay Company and the North West Company.[1] In the spring of 1817, Fletcher traveled to Fort William with a contingent of soldiers. However, while he remained stationed at Fort William, Coltman proceeded independently to complete the investigation into the interior.[1] Fletcher returned to Quebec in 1818 and resumed his law practice.[1]
Judicial career and controversy
On 1 May 1823, Fletcher was appointed judge of the Provincial Court for the newly created Saint-François district and relocated to Sherbrooke.[1] His judicial tenure quickly became controversial. Between 1828 and 1832 the House of Assembly received numerous petitions and complaints alleging that his decisions were biased, high-handed, and arbitrary.[1][4]
The most prominent episode was the "Dickerson affair." Between 1826 and 1828, Silas Horton Dickerson, publisher of the British Colonist and St. Francis Gazette of Stanstead, printed articles critical of Fletcher's court rulings. Fletcher responded by repeatedly ordering Dickerson's arrest for contempt of court and imposing heavy fines and imprisonment on him.[1][5]
In 1828 the assembly formally accused Fletcher of acting simultaneously as plaintiff and judge in certain cases and of exceeding his authority by imposing contempt penalties outside the courtroom. An investigation proceeded without Fletcher providing testimony. In 1829, Governor Sir James Kempt received recommendations for Fletcher's removal, a recommendation repeated by commissions of inquiry in 1831, 1832, and 1836, none of which resulted in his dismissal.[1]
Fletcher submitted explanatory memoranda dated 13 February 1832 and 20 April and 18 May 1836.[1] In 1836, Governor Lord Gosford sought legal opinions from Attorney General Charles Richard Ogden and Solicitor General Michael O'Sullivan on whether provincial court judges possessed contempt powers outside the courtroom; both concluded that Fletcher had acted lawfully. Gosford referred the matter to the Privy Council in London, which took no action. Fletcher continued to serve on the bench until his death.[1]
Death
Fletcher died on 11 October 1844 in Sherbrooke, Lower Canada.[1][6]
References
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 Christine Veilleux."Christine Veilleux, "FLETCHER, JOHN," Dictionary of Canadian Biography, vol. 7."[website].Dictionary of Canadian Biography, vol. 7 (University of Toronto/Université Laval).1988.University of Toronto/Université Laval.Link.(Rights: copyrighted | Access: open)
- ↑ "Quebec Gazette, 7, 14, 21 April 1814; 16 Sept., 7 Nov. 1816; 14 Oct. 1844."[newspaper].Quebec Gazette.1814.(Rights: unknown | Access: open)
- ↑ F.-J. Audet.""Coroners de Québec (liste revisée)"."[book].BRH, 8 (1902): 147.1902.(Rights: unknown | Access: open)
- ↑ "Lower Canada, House of Assembly, Journals, 1828–29, app. MM; 1831, app. CC; 1831–32, app. W."[record].Lower Canada House of Assembly Journals.1832.(Rights: unknown | Access: open)
- ↑ J.-P. Kesteman.""Les premiers journaux du district de Saint-François (1823–1845)"."[book].RHAF, 31 (1977–78): 239–53.1978.(Rights: unknown | Access: open)
- ↑ "ANQ-E, CE1-41, 11 oct. 1844; E4/T/4."[record].1844.Archives nationales du Québec, région de l'Estrie.(Rights: unknown | Access: open)