Robert Thorpe (Canadian Judge)
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Robert Thorpe (1773 – May 11, 1836) was a judge and political figure in
Upper Canada The Province of Upper Canada (french: link=no, province du Haut-Canada) was a part of British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North America, formerly part of the ...
and was later chief justice of
Sierra Leone Sierra Leone,)]. officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered by Liberia to the southeast and Guinea surrounds the northern half of the nation. Covering a total area of , Sierra ...
.


Early life

Thorpe was born in
Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
,
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
in 1773. He was the second son of Robert T. Thorpe and Bonna Debrisay. He graduated with a bachelor's degree in 1788 and a degree in law in 1789 from
Trinity College Dublin , name_Latin = Collegium Sanctae et Individuae Trinitatis Reginae Elizabethae juxta Dublin , motto = ''Perpetuis futuris temporibus duraturam'' (Latin) , motto_lang = la , motto_English = It will last i ...
. He was admitted to the bar in 1790. At some point before 1815 he was given a
Legum Doctor Legum Doctor (Latin: “teacher of the laws”) (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the early ...
.


In Canada

In 1801, he was appointed as Chief Justice of Prince Edward Island, arriving in the colony in November 1802. He encouraged the attorney general
Peter Magowan Peter Alden Magowan (April 5, 1942 – January 27, 2019) was an American businessman. He was the managing general partner of the San Francisco Giants of Major League Baseball from 1993 to 2008. He was the chief executive officer of Safeway Inc. ...
to prosecute minor crimes that were annoying to the population. Since he was not paid on time, he sailed to
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
in 1804 with a plan to unite Prince Edward Island,
Cape Breton Cape Breton Island (french: link=no, île du Cap-Breton, formerly '; gd, Ceap Breatainn or '; mic, Unamaꞌki) is an island on the Atlantic coast of North America and part of the province of Nova Scotia, Canada. The island accounts for 18. ...
and
Newfoundland Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region ...
. He was captured by a French privateer and taken to Spain. Thorpe later escaped and was appointed a puisne judge of the Court of King's Bench in Upper Canada on 5 July 1805. In 1806 William Weekes was killed in a duel and Thorpe was elected as his replacement to the 4th Parliament of Upper Canada. He advocated that the executive council should be responsible to the elected representatives. He advocated for ideas that would be later called
responsible government Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive bran ...
and
home rule Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
. Lieutenant Governor
Francis Gore Francis Gore, (1769 – 3 November 1852) was an English military officer and British colonial administrator in Bermuda and Upper Canada. Gore was born in Blackheath, London, England in 1769 the son of Francis Gore and Caroline Beresford. ...
suspended Thorpe from the legislature in July 1807 for advocating against the powers of the Lieutenant Governor. He left Upper Canada in 1807 when he believed he would be removed from his role as a judge due to his reform ideas.


Sierra Leone

In 1808, Thorpe was appointed the first chief justice in Sierra Leone (chief justice and judge of the
Vice-Admiralty Court Vice Admiralty Courts were juryless courts located in British colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen. American Colonies American maritime act ...
). He arrived in Sierra Leone in 1811. He presided over the cases of
Samuel Samo Samuel Samo was a Dutch slave trader who was the first person to be prosecuted under the British Slave Trade Felony Act 1811. Samuel Samo was the uncle of John Samo, a Dutch shopkeeper who served as King's Advocate and Member of His Majesty's C ...
(7-10 April 1812), Joseph Peters (11 June 1812) and William Tufft (12 June 1812). Thorpe left Sierra Leone in 1813 after he was given a health leave by the governor of Sierra Leone. He was ordered to pay £630 for a surrogate who presided as a judge for him. In 1815 Thorpe brought charges against
Charles William Maxwell Lieutenant-General Sir Charles William Maxwell (1775 – 23 September 1848, Broadstairs) was a British soldier and colonial administrator. He was the eldest son of Charles Maxwell of Terraughty, Dumfriesshire and his third wife, Helen Douglas. ...
and supposedly tried to blackmail the colonial secretary Lord Bathurst. Thorpe was dismissed from his judgeship for not bringing the charges to Bathurst sooner.


Personal life

Thorpe was married and had seven children.


Later life

In 1815 he published ''A Letter to William Wilberforce, Esq. M. P., Vice-President of the
African Institution The African Institution was founded in 1807 after British abolitionists succeeded in ending the slave trade based in the United Kingdom. The Institution was formed to succeed where the former Sierra Leone Company had failed—to create a viabl ...
'' which was critical of the
Sierra Leone Company The Sierra Leone Company was the corporate body involved in founding the second British colony in Africa on 11 March 1792 through the resettlement of Black Loyalists who had initially been settled in Nova Scotia (the Nova Scotian Settlers) after ...
and the African Institution which succeeded it. :"After sixteen years experiment, trade having failed; cultivation being retarded, civilization unattempted; religion and morality debased, and the slave trade nourished; every plan defeated, every artifice exposed; the company desirous of relieving themselves from the enormous expense prevailed on government to accept a surrender of the colony, and formed (to uphold their old influence) a society called the African Institution: having taken leave of the expense, they demanded to be paid for their buildings, and did accordingly receive a large sum from the treasury, although they had before obtained (by pleading poverty) one hundred thousand pounds from the government for the improvement of the colony: their books and agents were removed; while many of the settlers who had toiled for them for years were left unpaid." He died in London on May 11, 1836.


Published works


''A Reply "Point by Point" to the Special Report of the Directors of the African Institution ...''
(1815) London: F. C. and J. Rivington. Retrieved 2 August 2016.
''A commentary on the treatises entered into between his Britannic majesty, and his most faithful majesty ... his catholic majesty ... and ... the king of the Netherlands ... for the purpose of preventing their subjects from engaging in any illicit traffic in slaves''
(1819) London: Longman, Hurst, Rees, Orme and Browne


References

{{DEFAULTSORT:Thorpe, Robert 1760s births 1836 deaths Members of the Legislative Assembly of Upper Canada Upper Canada judges Sierra Leone Colony and Protectorate judges Judges in Prince Edward Island Colony of Prince Edward Island judges Chief justices of Sierra Leone Expatriate judges from Ireland