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Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as maKiy frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc.. peuvent fttre filmte A des taux de rMuction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seui clich6. il est filmi A partir de Tangle supArieur gauche, de gauche 6 droite, et de haut en bas. en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 / THE REV. JOHN MACD0]*4[£ CASE STATED, ok A VINDICATION OP HIS CONDUCT RELATIVE TO HIS REMOVAL FROM THE PASTORAL CHARGE OK THE CATHOLIC CONGREGATION, IN THE HORTHERN PART OF KING's COUNTY, PRINCE EDWARD ISLAND. ,^ ^\<^ August 1845. 4\t>^ ,<\<^' To flis Grace the Archbishop of Quebec. Your Grace; I lately received a letter from Quebec, of which the following is an extract:—*' Mon Dieu Voila que « j'apprends que vous etes interdit a dimwis; que " vous avez vendu ou offert publiquement a vendre ** une eglise et un Presbytere, que Ton vousassimile " a un mauvais, Pretre Mr. Deligny devenu, dit on " I'opprobre du sacerdoce; que les Protestans sont " au comble de la joie, et vous regardent comme une " conquete, tandisque le deuil est danstous les cceurs " Catholiques de votre Isle; En fin que le scandale " a penetre dans la nouvelle Eccosse et le nouveeau a (2) ** Brunswick et preuve qu'il arrive au Canada cest que '' plusieurs repetent ici les faits que je viensde signa- *' ler. Quand meme cesbruits seroient I'oeuvrede *' Satan, je sais qu'ils existent et p&rce \k meme, '' vous etes coupable puisque Tous ne voulez pas les " faire cesser. In tiie consciousness of my innocence of those charges, I take the liberty of addressing your Grace, as the head of our Church in British America, and laying before you the proofs of my innocence. It has lately been my lot to undergo a cruel and unmerited persecution; but as the public of this Island were fully persuaded that I was undeservedly ill-treated, I was willing that all should be forgotten and forgiven; but my enemies, not content with Lhe injuries they had done me in this Island, have been endeavouring to ruin my reputation in other coun- tries, and especially in the neighbouring Provinces. However callous I might be about my reputation on my own account, as a Minister of Religion, it is my bounden duty to maintain the honour of religion in my person, and not to disgrace my cloth. But my reputation now, and my memory hereafter, is dearer to me than my life; and I owe it to the family of which I am a member, not to suffer any unfavourable reflection to be cast on them, by any imputed or real dishonor of mine. I had hope \ that our Diocesan would have come forward and declared my innocence of the accusa- tions laid to my charge, and thus have prevented the necessity of my coming forward to make painful disclosures. But as Bishop Macdonald has treated my several applications on this head with silent con- tempt; I have no other alternative left to me but to (3) \ make known to the public the whole of my case; and even if Bishop Macdonald had come forward and declared my iRnoccnce of all the accusations laid to my charge, the public would ask: why then did ike Bishop deprive him of his Pastoral chargel Nothing will set my reputation in a clear light but a full expo- sition of my case. The proofs of my innocence are : — 1st. The- testi- mony of our Lieutenant Governor, who never would have lent his name to any declaration in my behalf, much less would he have penned the following strong letter in favour of any Catholic Clergyman, were not my innocence as clear as the noon day, and had not an honest indignation been roused in his breast by the ill treatment to which I was subjected, though he knew but little of what I suffered. 2d.* The evi- dence given before the Supreme Court, at George- town, together with the remarks of the most respec- table Editor in our Colony. 3d. The testimony of all the Church-wardens of the four congregations for- merly committed to my charge, who, being the most respectable characters of their respective localities, being during ten years the constant witnesses of my conduct, and knowing fully all the particulars of the persecution raised against me, their testimony must be of the greatest weight. 4th. The Petition of the whole of the inhabitants of my four late Parishes— with the exception of those immediately implicated in the riots of March, 1843. Lastly, an intercepted Letter from my successor in the office of Parish Priest in the above four mentioned congregations, to Bishop Macdonald, which throws great light on the nature and origin of the persecution against me. In order fully to understand the nature of my case, it is necessary that I should premise a few remarks •fv on the dispositions of some of the people, and on the natuxe of the discontent and troubles which ha?e disturbed the Island for several years; for some may imagine that the inhabitants of this small and obscure Island, are like those of the neighbouring Magdalen Islands, a harmless inoffensive people, and in their native simplicity. This may be true of the inhabi- tants of some parts of the Island, but certainly it is not so of the whole, and especially of King's County, in which are situated my late Parishes, The right to the soil in this Island is owned by a comparatively small number of large proprietors, who reside out of the Island, and the great body of the population pay rent to those proprietors. The obli- gation of paying rents in this Colony, while all the other adjoining Colonies are free from this obliga- tion, is considered by them a hardship, of which they have endeavoured to rid themselves. lu 1831 a regu'- lar association was entered into, principally by the inhabitants of King's County, in order to procure the revocation of their grants of the proprietors. No rents, in six townships in my parish, have been paid since 1831. All attempts to recover them by distress have proved ineffectual. Continued resistance is offer- ed to the constables sent for that purpose. The late Bishop M'Eachern, whose age, dignity, long services and merit should have secured to him great influence over them, totally failed in advising them to desist from such conduct: his warnings and admonitions were totally disregarded by them; they took such a hatred at him, that they testified their joy for his death, by (i^l" parties of pleasure. When in 1835 I took charge of that district, I thought it the most prudent part to keep aloof altogether from their temporal matters; which rule I invariably followed to the day of my I who by the ire the . No n paid istress offer- e late rvices ueoce desist were atred h, by ^/-^ ge of irt to tters; f my (5) departur«) from among them, but all to no purpose, for being myself a small proprietor, and being occa- sionally obliged to entertain the different officers of government, they always looked upon me with a sus- picious eye. From 1835, till of late, the Escheat question was kept alive by regular general annual meetings, which always took place in the month of November; and by frequent district meetings. In one of those meetings in 1836, resolutions were passed, which were in the highest degree treasonable, and are as follow: 3. 1!f.Soi,ved, That the representations just read, in the diaught of a Petition to His Majesty, and aj;ieod to by this Mectini^, are truths which cannot be controverteil, and exliii)it a scene of Iraud, dert-it and oppression, on tiie part of the jiraiitees and land mono- polists, as^aiiisi tlie inhahitants of lliis Island, which in llie opinion of religious and reasonable men, is wickedness in the sijjhi of God, derogatory to the honor and dignity of the Kin<; and tlie I3riiii>h Nation, and subversive of the sac/ed ri'^hls of pioperty; ihat loiiger to pay rent to siudi landlor(is. under siu n 'urciimstances, and after onr repeated prayers for justice, is to fu 'er oppression and reward crime. 4. RKSorvRD, therefore, Thit this Mivtinj^ is moved by the sacred oijligations of religion — t)y tlie l;onour and dignity of the King and the British Nation — by the rights of men to the fruits of th-!ir labour — by justice and equity (tiie basis of good government, ami civili/,('d society), to p.-eserve from the distress of such landlords the fiuits of our indi.siry, raised for the maintenance of our families, and the dwellii.gs we have erected for onr homes, miiil His AJajesty isiill'onned of the true situation and condition of his subjec-ts in this Island, and his decision obtained according to the merits of the case. Consequently Sir John Harvey, the then Lieuten- ant Governor, ordered the names of all the Magis- trate?, Officers of Militia, Commissioners of Small Debts and of Roads, who were present at that meet- ing, to be struck off their re^^prctive lists; and the three Members of the House of Assembly who were also present, were put under the custody of the Sergeant at Arms during three sessions. In 1837, the High Sheriff was violently beaten by a party of those people, while in the discharge of his duty ; at another time, his horse's ears were cut off, and he himself, although accompanied by forty armed con- stables, judged it prudent to dosiit. From 1837 to 1841 there was a majority of Eicheators in the House of Assembly ; the time of the Members, while in session, was mostly taken up in considering the State of the Colony, that is, in debating the Escheat question. The Governors were harassed, the prospe- rity of the Colony retarded, and much of the public money spent in Crown prosecutions, special consta- bles, and on troops to quell them. A Delegate was twice sent home to England to ad- vocate their cause: once at the expense of the Trea- sury, and once by public subicription. Things con- tinued in this state till M-.rch, 18^3, when the Es- cheators in my Parish re«»olved upon not allowing any proprietor or agent to exorcise any right to the soil in the northern part of King's County; conse- quently they bound themselves by oath to be true to one another. They put in posses)»ion of a farm a per- son whom the agent had ejoctod : they prevented the Surveyor from surveying, as if his employer had no right to the soil : they paraded the country with arms, and other missiles, and sent about messengers to warn all their fellow Escheiitors throughout ''the Island to meet them on an appointf'd day in Charlotte- town, the capital, in order to intimidate the Governor, and to frighten him into a compliance with their wishes. Sir Henry Vere Iluntloy, our present Lieu- tenant Governor, bein- aware of all this, imme- diately despatched llfty armed constables to appre- hend the rioters, but knowing it io be useless to send constables among them, however well armed, unless backed by a military fonre, tout a company of the Rifle Brigade to support tlifm. At the news of the arrival of the troops the rioters, after having bidden defiance to the Government durin"- twelve years, immediately took to the woods, in so much ttiat during eight days, not a man was to be found at his home, for the distance of nine miles along the coast. They took it into their heads that it was I that had sent for the troops; and neither the Sheriff, nor any other person could convince them of the con- trary. Hence their implacable hatred and aversion towards me. This short and imperfect account v/ill shew \/hat kind of people I had to contend with. [The following are the documents before alluded to:] Government House, Prince Edward Island, May 2Tlh, 1815. My Dear Mr. Macdonairt ; It is extremely painful for me to learn, as 1 do by the letter you have shewn me from your friend in Quebec, that such reports are sent abroad respecting- your conduct in this Island, and I can easily understand how much more severely the feelini^s of your kind hearted friend must be lacerated ; I sincerely wish that he knew the whole of your case, and the infamous falsehoods tohich have been grafled upon it; he then would know that, forced as you were, by outrage and conspiracy, to leave your Parish or cure, you merely sold such Ihiug-s as you could not take to Tracadie, and which were your own property ; he wotild also know that you never offered, or thought of offeiing- any church or presbytery for sale ; and that you have sold tieither at any time; lie would also know thai there is not a Protestant in the Island who regards you as a conquest, and that there is not one who does not deeply regret your absence from the performance of a sacred duty, which you executed with honour to the church, of which all the Protestants, and 1 can safely say myself in particular, esteem you a most upright, benevolent, and zealous minister. I cannot, however, agree with your friend in advising- you to leave the Island ; such a measure, if adopted by you, would be by your enemies represented as a flight from justice, and the ignorant mass of the population would believe and exult in it. My advice is — remain — do what good you can by your example, and as much as pos- sible in your professional character — and trust to Truth (8) for the roit ; yon hare conscientlounly served your God, suspended in the DOW rely upon [Jis support. If you arc performance ofyour clericnl duties, fault has not'on your part called for the suspension; your enemies, more than yourself, aro (o he comprtssionaled ; but mflvinfffrom them you sacrificr, fo fear of human power, when I think you should despisf? all consideration of it, and look above to another and a far hiprher source for rtdomlion to that Jlltarfrom tchick you have been so shamefully lorn. ^ Ifit will in any way bo a comfort to your jrond friend in Quebec, pray lot him know all 1 have written tu vou aod behevc mc, my Dear Mr. Macdonald, ' Most faithfully yoiir's, II. V. HUNTI.ET. The Rev. John Macdonald, Tracadie. SUPREME COURT, KING'S COUNTY, JULY TERM, 1844. THE QUEEN, OX TflE PROSECUTION OF THE HEV. JOHN MACD0NA1.D, VS. JOHN MACINTOSH, ESQ. This cause r/as triod hefore His Honor the Chief Jnstice and a Special J.iry, at G.-or-.town, on Thnrs- day the IBth and Friday the IDth J.ily, 18-14. The Hon Robert I odi;son, (Attorney Genertl,) and the Mon. hdward Pahnrr, were counsel for the prospci- tor. For (ho Defendant, there appeared Charles bmns, sen., Esq. and John Little, Esq. Mr. Palmer opened, and stated the case on the part ot the Prosecutor: he observed that altho-.ffh it was necessarily brou-ht as a Oovvn case, yet it was not prosecuted by the Crown officers ofJJcialhi; the learned Attorney General, as well as hin.stif, appear- ing as the retained Counsel of the Prosecutor, at whose Histance and expense the suit wa. instituted. Ihe ofTence was alleged at Common Law. , The Indictment char-ed the Defendant with hav- ing:, on Sunday the 7th January last, interrupted the Prosecutor, while performing Divine service, in St Margaret's (Roman Catholic) Chapel, Bear River; astrntef"^^ ''' congregatioa^heo and there (9) The Defendant traversed the Indictment. The first Witness called on the part of the prose- cution, was Angus M'Phee, (John's son,) whose testimony was to the eflect followinj;: I reside at St. Margaret's, Lot 44. I havo known Kev. J. M'Donald tweli ve years; he officiates as n Priest of the Roman Catholic Church in East Parinh. I am one of his parishioners. I have been an Elder of that Church eighteen years; before Mr. M'Donald came there, the Elders had been appointed lh«re always by the clergyman. I never knew -^ny other practice: were always appointed by the priest or bishop; was never done by election. Such mode could not have been done without my knowledge. Defendant is a parish- ioner of same parish. I was an elder at the close of the last year, and am still. I understood there was some misunderstanding between Rev Mr. M'Donald and Defendant. On the last day of December, there was mass at the Chapel; Defendant told me that he wished me to go with him to the Priest (Rev. Mr. M'Donald); he said it was his intention to have a meeting next day. We met the Priest. Dof^ndant said to him, " I wish we could have a settlement between us. I do not wish to pass the new year as we did the old." Priest said he was very glad, but he could not attend on the morrow, as he had another appointment for that day, at St, Peter's Chapel. Defendant then said that '* as his business would not allow him to attend, they could do without him; but if he could attend, he (defendant) would be more satisfied." Priest asked me my o[)inion of Defend- ant, whether I considered him sincere about the meeting: I said I thought he was. The day follow- ing being New Year's day, a meeting was held at the Chapel. Priest was then absent. He left with me a letter addressed to the meeting on the subject. I gave it to Defendant at the meeting. A good many attended, who had a feeling against Rev. Mr. M'Donald; a majority consisted of such. Defendant explained to the people how the Priest had used them. I did oot give much attention to it. The letter was read to the people; either the Defeudaut or Mr. i i (10) Donald M'DonpId, the member, then requested all those ajcainst the Priest, to hold up their hands, and then all who were for him to do the .ame. Most appeared against Priest; his friend-, had not come thht day: it was those principally, who were opposed to the Priest, that attended. Defendant proposed thnt new elders, or church wardens, should be elect- ed, and proposed some hi.nself; and «:even, the usual number, were chosen. Defendant, after they were cliosen, told them to meet the following Sunday, at Chapel, and warn the Priest to quit the Parish, in a fortnight, or month, as they might determine. Meet- ing then di Cross Examined. — I saw Defendant the whole tinne; he was speaking and going up towards the altar at the same time. I don't recoilect if candles were lighted. Defendant proceeded with the rest, when they went to prayer after the words were said. Re'Examlncd. — Prayers are said in English after the candles are put out. It is the usual course in that chapel. I expected the service would have continued longer that day. James jWEachern. — I live at Lot 44. I was at the Chapr.l 31st December. I heard Priest say that a meeting was to take place, and he hoped the people would come and be reconciled; that he could not attend there, as he had an appointment at St. Peter's, but would leave written documents, which, he said, *' I hope will do as well." No other object of the meeting was announced to my knowledge. Defen- dant addressed the people after the priest had gone, and said he considered it Priest's duty to attend next day at the meeting. The letter was read. Defend- ant got up and stated his grievances against Priest. They then chose Church Wardens: I think Defend- ant began it. Angus M'Phee said they had better be reconciled — they refused. About six or seven pre- sent were of Priest's party, and 60 or 70 of Defend- ant's. The new elected Church Wardens were told to go to priest and warn him to quit the place. I was present 7tii January. Prayers in English sometimes follow Latin service. Priest observed to those who had been chosen, and said, the proper elders are those, pointing to the old ones in the pew. Defendant said they are not the Elders; he then repeated in a louder tone or scream, " They are not the Elders." The Priest appeared as if shedding tears. They then prayed, and all fell on their knees. I think but for this he would have goro on in the usual order of the service. John Macdonald — 1 was at Mass 3 1st of Decem- ber; heard priest say Defendant was to come forward and the people to make up the differences, and that he could not attend, but would leave his mind on (16) paper. He said nothing would please him more. If they were tired of former state of feelings, he was ten times more so. Defendant said at the door, I I hope you will come, I wont live this twelve-month as the last. I was present next day. The letter was read J Priest stating that he was ten times more tired of differences than they: that nothing would be more pleasing to him than to make up differences, and live in amity. Defendant said that Priest had gone to get a deed of the land on which the Church was, and other charges were made aijainst the Priest. Defen- dant said it wa?s time to elect new elders: that all who wished Priest to go away should lift up their hands. After the Elders were chosen, Defendant told them their duty. I had never understood that this meet- ing was for anything but to eflect a reconciliation. Seventh January, Priest, after Latin service, (at usual time for notices,) said he did not recognize the elders chosen by Mr. Macintosh, and pointing to the old elders then present, said, these are my elders. Defendant said «' I beg to be heard;" and repeated it Jouder. Priest said he would not hear him. Defen- dant repeated it a third time with a scream. Defen- dant said, you have had this Chapel seven years, and now I must have it. Priest then knelt down and made a prayer for peace. Priest came down the north side to the door; I assisted him to take the bar down from the door. • Priest stepped off the steps hastily, Mcintosh rushed out after him; held out his hands, and called the Priest " no gentleman," and a *• coward," sneak, &c., screening himself behind his altar. " ^Vhy doii't he comcnow and inspire us with the Holy Ghost 1 Peter Cassidy.— l lived with Priest Macdonald. He told me to leave Chapel open for the meeting, on 1st January. J was there on the 7th. Defenda.it got up and came near to the altar. He looked fierce and spoke loud, and said something about the Priest having had the Chapel long enough, and he would now have it. The Priest seemed concerned, and knelt down nf fho ojfoi, \^7j.~„ ii.„ o.,:. x i .•/ .i CiiapeJ, he followed him out, and called after him, ■^1 (n) 1 that he was a coward, &c. Priest, the day before, sdid he hoped they were going to settle their differ- eoces. Eev. John Macdonald. — I am a Catholic Clergy- man, ordained in the usual way in Paris, in 1825, by late Archhishop of Paris. I have a Congregation in Eastern part of King's County. I reside at Bear River. Defendaut applied to me on the 31st Decem- ber, and said he wished to put an end to their unfor- tunate afTrtlrs. I said J could not attend the next day. I asked M'Phoe if he thought it was peace Defendant wanted, he said he thought he did. I acceded to it: the difference orii^inated in an impression that I was instrumental in bringing up the troops in iljc wintor of 1843. I had nothing to do with it; there was a prejudice against me because I was a proprietor. I had an appointment at St. Peter's Bay, which I thought it necessary to attend to. I left word to open the Chapel, as I heard there was to be a meet- ing for peace. They had got up petitions and coun- ter petitions against me. I told them to forget and forgive, and begin the new year in a Christian way. I arrived home 7th January, about half an hour be- fore time of service, and was ignorant of what had taken place. Defendant holds no office in the Church. I thought it n»y duty to warn the congregation that they should not have two sets of Elders, and that the old ones were the proper ones. It is not customary in the Catholic Church for Laymen to speak when a clergyman is at the altar. No layman has a right to speak. I never saw nor heard of it. Defendant started up and spoke in a very loud voice, and was gesticulating with his hands. I had observed he was extremely agitated. I desired him to be silent. I cannot say what he said; when Defendant was bawl- ing out, I could not speak to my congregation; they also lost their tranquility. I would have ordered him out, but seeing many of his people around him, I feared a struggle. I could not proceed in the regular oruer Oi the service, Stc; immediately knelt down and read the prayer of the day and collect for peace. He was then silent. I was induced to conclude the (13) service. The prayer was ordinary, but the collect ibr the peace was not. I should have used the pray- er, whether or not, at the proper time, pefendant and l)is party wore in the south aisle, and I went out by the norlh. I went out to my own house as quick as J could. I would have proceeded further with the service, had I iiot been 60 interrupted. I always found that Elders were appointed by tlie Clergyman; in some places they may follow the Canadian rule of appointment by the people. I think it was in the ' same Chapel, that something was said about the Cana- dian rule: was a dispute about a scat. J don't think 1 could have said anything to sanction the Canadian rule here. I had formerly appointed Defendant an Elder, which he resigned when he became a Member of Assembly. Hugh Macdonald, Esq. — I am a member of Roman Catholic Church. The practice'as to Church-war- dens is here always, at far as I knowj upwards of 40 years, for the priest to appoint them. I never knew it deviated from. It is seldom or ever allowed to address the clergyman at the altar upon any subject, but to wait until service is over. Here the Counsel for the prosecution closed their case. Mr. Binns here addressed the Court, contending against the effect of so much of the evidence as rela- ted to the Defendant's conduct at the Chapel door, and when the Priest was proceeding thence to his dwelling house. He stated that this part of the offence did not come within the Indictment, all the counts of which alleged the act to have been done during divine service; and submitted that he should not be expected to give any evidence to rebut this; all of which, he continued, should be withdrawn from the consideration of the Jury. The Attorney General and Mr. Palmer^ in reply, contended that such evidence was directly relevant in ihP icenp P>^H '^nnlfi r>nf -C.-.r.^l.. U.^ ..£,.._»^,| i* _^ ,.s^ ..^,_..,r:, OtiU v<\JUiu iiUi lUaiiy UC BCVCl'CU IrOiJI the rest. If additional proof was wanting, it served to shew the animose with which the defendant acted (19) in the first part, and to explain his object in view in addressing the priest at the altar. The Court thought the whole mij^ht fairly go to the jury, the defendant being at liberty to rebut it if be could. Mr. Binns then addressed the Jury at considerable length. Alexander, M'Phce. — I reside on Lot 43. I was at the Chapel at St. Margaret's, the Slst December. I heard that a meeting wds to take place on 1st of Jan- uary. I was at it, but not at the commencement. Defendant was talking of the way in which he was accused by Rev. John Macdonald. I raised my hand, complying with the proposal made in nominating the Elders. At each nomination, those for it raised their hands on one side, and the others raised theirs on the other side. There were seven chosen: one or two of Priest's friends spoke. I was at Chapel on 7th. I was there early. I have served the Priest as Clerk 35 years — only occasionally. On the 7th, Priest commenced with prayers, and then preached on " the three wise men;" he concluded his sermon, and then read latin mass. I consider the Gospel of St, John to be the conclusion of mass — the benediction was given before the gospel. After conclusion of mass, Priest turned round and spoke to congregation, and told them that the meeting on New Year's day, to elect elders, he did not recognize them as elders; but *♦ there are the lawful elders," pointing to those in a pew. Defendant was sitting alongside of me: he got up and stepped forward to the next seat, and resting his hands on the next, said, I would wish to hear how were they not lawfully constituted ? Priest then raised his hand and said, *' hold your tongue, or ** sit down;" not in a very high or low tone. Defen- dant then said, I wish to be heard, and repeated it three times. Priest raised his hand three times: Defendant did not make a noise with his feet^ as I hea'kd, I saw no violence in his countenance* he did not raise a hand to my know'<^dge. I did not consider his voice unusually loud. . .ave seen people make (20) the candles were Dut out I?!/- ""'!'■""'■" i» finished; altar. I„ generaf lee, ,",.""' '""•" '''"'" f'"™ "'« ly after ma's/u^h^onrhe left /''''' "'" ""■'-"«'«- pose. ° "' '*" '"•• a particular pur- Grosf. examined A «,an ri./,«. . posed a., KIder: thev „^,„ .,|| "!^. "'"r f'^^'^i'^t pro- eJ tlieir hands ever/ .",,■; T "'^ r" "= ""'y '»>'■ hands only oncef were on r/'„ '. ''":'^ '■'''^«'' ""•'■• other qneition o„ Tvl',,^!, ^1 ';•,"";: 'T' ', ^'' one opposed the approval Them U ''""'''= "° sixty persons present f „ ^^ "" """"^ ">«" t'-e first menfber 'i,efi t ':::'■ :';° ("""Po-'d accusation he could J 1 „ '""'"« "" "'e against Priest N',,lf„i- '" "'" ""veral parishes up of ha„ron a^; tZr::^:^^: "" ',''/*"""'■•« been done without „ v t' !. ' " f ""'J not have their handson tie Prey's l" ';•«"; ,"'^ ^"' "■'«*' bis behalf, because tul ' ''""'" '' "^as on chosen, an'd wer,! Ti^atlr "^'f !'' ^^''^^ question on which the d iv ^n ,v, f 1"'"''"' f"" ">« the general question/ whiclni.'r'''??'. " ""' »" it has the same meaninV 1 1' ' "''""''' ■"= <=''"'«"= tions of Elders in the Parish „ T ^r'" "^"''^ «'«••- late Bishop M'KacI or, The ^'^ '^''"•K'','-^fs, by the pie at Launching pl''^ if ,! '''"'"'I' "''"'*' "'« Peo- cular person f.rr pi )!',"">' "I'l-roved of a parti- hands there Idn„', , ""T" "'"' "° holding up of Chapel is J have a,,rr 7''"'" '^"'""''a-'t's sea*^^ at and '^cannot say ho w „fl VT'"'^ "' ""^ ^^''T^' there: during last Zar I b.liL^^",'."" defendani three times. I saw hirn .t„n " ' ''','''*« ^'"' 'here alongside of n e I | "i 1, '"'''; "'"' '»''' him to sit ance* Priest lenerVlt '","''"'"" '"' «V disturb- after ma.ss somet,mes m.'".?"'"? ^'^""^ ■"»«' »"d chism and sucriike after "° "Y" ^'T'"!"' "te- tended one day it |s u ,,,7"' ""'" *-« '>"' "»* at- ne.t day f„r b.^;.,^ "casiZ n!7f '? P™""'' »» coDiQient on the R^.:!, "': . "' .''"' "»' on the 7tb on the gospeiof th/dL LT "T' '"' '"•"'"ent, b f oj IDS day p„t, and not on the day (21) then present. I never hpard him read the two gos- pels in one day. He might expound both. 1 won't swear that I never heard priest explain part of the gospel before and part aftrr mass. It would not ap- pear extraordinary to me if he had commented that day after mass also. Defendant's voice was not very loud. Bands are published and forbid at tbat lime, but not discussed tiien. Defendant said nothing more in the (>hapcl after he hail said three times ' |je beg- ged to be heard.' He could not have said anything more without my hearing it. He was not a full pace from me: there was something said about Priest hav- ing Chapel for seven years. (Question by Jury.) I consider the mass over then. I did not consider the riest generally words as tending to raise a row. V says a prayer for the day, after mass. Re-examined. — Defendant did not disturb me. I don't believe women were frightened or disturbed. Lauchlin M'Phca.~\ was at tlie Chapel 7th Jan- uary, serving the Priest at Mass. 1 was at the iweQi- ing of the (irst, v/hen Elders were chosen. On 7th, Priest said the Elders chosen were not from «-ood authority, and pointed to those in a pew, and ^said they were the elders. Priest had his robes on. I first heard Priest say, " hold your tongue.' Defen- dant said, I beg to be heard. He was leaning his hands on the bench. He said it easy; he said « I beg to be heard," three times. I did not consider the congregation any way disturbed. I did not hear defendant say anything else He might have said it; but if loud, I must have heard him. Priest after this said the prayer he alwuys says. I have been occa- sionally clerk 20 or 2J years, I never heard Vvie^i expound two gospels in one da;^, at the same Chapel, as I recollect. Defendant spoke louder the third time. Donald Macdonald, Esq.^l live at Lot 44. I was at the Chapel 7th January. Priest preached before mass, on '♦ the three wise men." I considered that he concluded his sermon, then mass; the gospel of St. John ends the mass; benedictiou was pronounced, i ( 22 ) candles were put out: mass is then finished. I call mass divine worsliip. Priest said the elders chosen were improperly constituted, and said those are the proper eltlers. I heard a voice, and then priest say, *' '•"" your tongue." Defendant said three times iiold *• I wish to he heard." I saw no disturbance. I heard sotncthinj; moro, hut coidd not say what Priest then turned t owards the altar, and Defendant tlien lowered his voice. At East Point Chapel J h heard Vestry business discussed aft avft er mass. I think ivuie service was over when Defendant spoke, and D that he did not disturb the congreication: tl ure was ths a lapse of time after Defend „._ .,,.«,.. ..^j, .„„. 1 nest ofTered up a prayer of peace. Priest is excit- able; and on that day he did not appear composed before and after mass. Defendant told me that priest was to ratify what took place on that day; were to meet to know whether Priest was to continue, and to apj)oint new elders. Cross-examined.— I bad heard from several that Priest had announced the meetinj,-, but not whether he told the object. I believed J:)efendant when ho sanl Pnest was to ratify. I don't know whether I rjest knew the meeting was to choose elders. I had an impression of the objects of the meetinjr two or three days before, from communication with Defen- dant and others. I don't know that Defendant told iriest his object was a reconciliation. 1 heard that priest was going to leave bis opinion in writing. I won tsay the meeting did not orioinnte with Defen- dant. I was doubtful that priest wouh? ratify it. I went to Chapel on 7th, not expecting to hear itrati- hed; there is frequently prayers after mas.^ an.i lita- i:y. I don't know if Priest would call that Divine service. I think Defendant's object was to argue the point about the Elders. Priest spoke to the Defen- dant with strong emphasis, and so did Defendant. B.i'h;nuant did not speak louder than in ordinary con- \er>'i'.Uni. Defendant does not stand very crooked when he speaks. After introducing the subject of _-»! J . ..„u!u iitivc Dccu sucjuiseu lo iiear iTiest preach again, I think the prayer of the day a part aj?o, (23) I. I call s choseu I are the riest say, "p times, nnce. I y what, efendant el J havR I think >ko, ami icre was ing, that s excit- )m posed at priest were to ue, anj ral that kvhether I'hen he ivhether IhaJ two or Deferi- Eint told ird that Defen- V it. I ' rati- n.ij Hta- Divine i;ue the Defen- (ndant. py con- rooked ject of r ties I a part of divine service, fore the blessins. I tbiiik divine service is over be- ■I' i Donald Macdonaldy (Roderick's son). A few years ago, whilst I was f Ider, thyre was a dispute about a pew. Priest \o.(t some documents with mo, to make nift acquainted witli my duty. Priest told me noth- injf about electin;^ elder.s; there was a rumour that ciders were elected by parishioners. I believe tliat defendant heard it, and acted upon the rumour. I was al tiio meeting, and told them of these docu- merts; and told (liem that it was my opinion that they were eligible by parishioners. It was not eight years ago, Angus I\rr«ilvray claimed the pew in dispute. I was appointed Eider by Priest. I mentioned at meet- ing about Canadian rules. [The following is a copy of the letter above alluded to, in the evidence of Donald Macdonald, Esq :] " My friends; " I am happy tliatyou propose a reconciliation. In the name of God let it take place. There has been no private or personal enmity between us; it has all been on public grounds, and engendered in false re- ports, carrying stories and suspicions. I am truly sorry for all that has taken place; but let it be for- gotten and forgiven. There is nothing more unmanly and unchristian to be keeping open old sores. You will ever find me for the future, as void of all bad recollections, as the first day I became acquainted with you. I give Mr. John Macintosh credit for hav- ing come forward as he has done. *' Glory be to God on high, and peace on earth to men of good will. " Your's truly, [Signed] John Macdonald. '* P. S. — Let us act towards one another according to the spirit of our religion, and the rules of our Church. ^' Let us exchange receipts in full. J.M'D." " December 31, 1843. (24) The Defendant's Counsel havin": here closed his case, the learned Chief Justice charged the Jury, commenting—although not vory minutely — on the evidence j!;iven in point of law: he :tppeared to be of opinion that the appointment of new Church War- dei.s, or Elders, as done at the instance of the Defen- dant, was illej2:al, and that the evidence given of what took place within the Ciiapel, amounted to an inter- ruption of the service, and a disturbance of the con- gregation; leaving the evidence, where conflicting, for the consideration of the Jury. The Jury havin**- retired for about an hour and a half, returned with a verdict of Not Guilty. \'i&, I « [The following are the Editorial remarks on the trial between the Rev. John Macdonald aud John Macintosh, Esq., before alluded to:] The Rev. John Macdonald, vs. John Macintosh, Esq, «' We publish to day the conclusion of the Report of the trial, the Q,ueen on the prosecution of the Rev. John Macdonald, vs. John Macintosh, Esq. " In order to condense the matter as much as pos- sible, we have been obliged to omit many particulars in the evidence, which, although not directly leaning upon the otfence itself, we would still have liked to have brought before the public. As it is, to many of our readers the subject may not appear to be of suffi- cient interest to claim the space we have devoted to it. »< Could we behold a case between a minister of religion, and a member or members of his congrega- tion, consisting of an attempt on the part of either the one or the other, to remove any cause of com- plaint of a nature simply prejudicial to, o^ discordant with, religious worship, purely within the sphere of Church government, and remediable by its mild and christian ordinances, in such case we should be the last, we hope, as a public journalist, to step within those pales which should ever be held sacred to peace and divine fellowship among mankind. J losed his he Jury, —on the i to be of ch War- e Defen- n of what an iiiter- the con- nflicting, y having id with a :s on the ud John osH, Esq, 3 Report the Rev. h as pcs- rticulars ' leaning liked to many of of suffi- voted to nister of )ngrega- )f either of cooa-' scordant •here of lild and i be the p within io peace (25) r^l^!^?' J;owever,we perceive the most mischievous " We trust, therefore, we need not further anolo- g.ze to the generality of our readers for the atteM.oa we have g.ven, and are thus giving, to t! e ,1 e"" 7^ '%\'% ,'''''"' '^'""''""^'J'^ the second on ot" t o la teJohnMacdonald, Esq., ofGlenaladal.,onL of e original proprietors of land in this Colony and w! r with his lamjiy, emigrated from Scotland hitlor a a very early date of its settlement, settlinr non In' nt ttl ?."'']'^'"S''"<=<'"h«very few propria „C«t at that disadvantngcous period, applied their exerU >« and means m furthering the settlement of tl^ir )a ,d education, was admitted to holy order., in IR25 a:^< during the last twelve years, has been uniformly t: ctipiec in lis mission as Roman Catholic VU'v.,Ll officiating ,n several parishes in King', Con,;- J,e' derived a portion of his father's lands-aboiu i,:.l Township— the whole of which he hi. Li ' on leases for 999 years- thoh„L I , ^^ "f" • ■„■ ^K'lrs, tne nighcst rent b? n" or,» hilhn^ an acre, sterling. He is irnown to b "..-^ ' nberal and indulgent to his tenantry . f fe is CJ ever, lu the estimation of Mr. S'-Jnto'h "I'uf 1 ,' par y a I^opr>e,or, and has been bredt;';C™.'"" ward Island lIouse-of-Assembly notoriety, bein- „n,. ne IS one of the three Members of Assemblv nir, ^.bscribed tc the Resolutions of the ^mou^H v ?eX!"/.l'.1% ■'!'." - Ki-g'! County, i„7S; ':Z Hj^. ,, ^,^,,.^j,nQj, ^^^, ^^^^ Harvey from thpir then^neit meeting, when they were pronounced by (26) the House " Calculated to excite the unwary Inhabi- tants to disloyalty, &c." *' To bring into contempt the King and his government, and all connected with the administration of justice." It is true , the Assem- bly were disposed to mitigate the offence of Mr. IVrintosh, from his having, as it then declared, erred more ' ' through ignorance, than design. " Yet he had to undergo the punishment which his contumacy brought upon himself. Mr. John M'Intosh is by oc- cupation }\ farmer, and from the extent and appear- ance of his ''location," as well as his habitation, he may, in this respect, be said to be a faithful repre- sentative of the descriptions we have occasionally heard given of the " oppressed and bleeding tenantry" of the Colony. He speaks Gaelic fluently, which, in the opinion of his countrymen, is no doubt an invalu- able acquisition for a legislator; but for what other imaginable qualification he has been deemed fit to re- present any one or more individuals, other than hia own projina persona, we cannot conjecture. His at- tempts at expression in the House of Assembly, we have, for the most part, observed to be the signals for amusement and ridicule : while his indomitable vio- lence; and bigoted obstinacy of temper, subdue any charitable emotions which his grey hairs, and lack of education, might other\/ise excite in his behalf. Of the late onenco for which he has been tried, the Jury have certainly acquitted him; but it must be borne in mind that he was not tried for a conspiracy, a deep and artful plot to deprive the Piev. John McDonald of his situation, and, if possible, his character also. He was not tried for one of the most matchless pieces of hypocrisy and treachery that man need practise. He was not tried for Blasphemy uttered at the por- tals of the Hor.se of God, and at the very foot, as it were, of the Cross of his Redeemer. For offences such as these, he was not indeed tried; nor of these have the Jury acquitted him. From the nature of this case, we cannot but remark upon the inconsider- ateness of Mr. McDonald in allowing his cause to be tried, even by a special Jury in Kiiig-s County; for although it is far from us to insinuate that the Jury in this case (the persons and characters of whom we are totally unacquainted with) have acted by any mean <2J) ' Inhabi" :ontempt ted with J Assem- of Mr. id, erred it he had ntumacy is by oc- appear- ation, he il repre- asionally snantry" ,vhich, in n invalu- at other fit to re- ■ than hia His at- lably, we gnals for able vio- bdue any d lack of lalf. Of the Jury be borne 7^ a deep [cDonald cte? also. 3SS pieces practise, the por- bot, as it • offences of these nature of consider- use to be unty; for e Jury in m we are iny mean ^contrary to a well meaning conscience; still, while human nature continues what it is, we are too well aware of the great difficulty there must be amongst men of the best intentions in divesting their minds of those prejudices which the enemies of good society, in that County, have, by their art and industry, con- trived to raise, and endeavour to perpetuate, "against Proprietors of Land in almost whatever respect their interest is concerned. Mr. M'Donald, however, we think has been too confiding. While closely occupied with the offices of his profession, he has not reflected upon the opportunity which, since March last, when the Bill was found against Mr. John M'Intosh, has been afforded for emissaries to do their work in one part of the County, and another in preparing the minds of its Inhabitants for the trial that was to ensue. [The following is the testimonial of the Church-war- dens of the Catholic Congregations of St. Peter's Bay, Bear River, East Point and Souris, all of King's County, in Prince Edward Island, on behalf of the Rev. John Macdonald^ during the nine and a half years of his ministration among them :] It is with extreme regret and concern that we, the undersigned, learn that, in addition to all the injus- tice, ill treatment, and calumnies which our late Rev- ered Pastor has experienced among us, some malicious person or persons have been — by circulating false re- ports—endeavouring to ruin his reputation in the neighbouring Provinces. We therefore consider it our bounden duty to come forward and give a full and candid account of all the circumstances connected with his removal from our district; which, in our esti- mation, will fully vindicats his conduct and character. 1st. We declare his conduct to have been uniform- (28) ]y irreproachable, zealous, mild, affable, disiflterested, generous and charitable. We are nearly fifty years in America, and we never enjoyed, to the same de- gree, the advantages of public worship, religious in- struction and consolation, as while he was our Clergy- man; nor have we at present, any prospect of the ■^aine satisfaction for the future. When he came to iTSi'Je in our County, there was not a single Chapel which was secure from the inclemency of the weather, or where public worship could, with any decency, be performed, nor any burial ground enclosed: whereas, now, through his yery benevolent exertion and pecuniary assistance, there arc eight Chapels and Chapel Houses, in a forward state. We have been deprived of his services, in order to gratify the hatred of the escheators. Out of the four congrea'ations (A^'jiiLoittod to his charge, three were perfectly satis- fied ujlh him, and attached to him; while the one- 3uiL of the fourth congregation, composed of the rela- tions of the young Priests lately come to the country, and of the Escheators, were opposed to him. Ti)e coi'jsequences of his removal are, that instead of a- i'ew ijiscontented individuals, the whole of the four <:onj;reg'ations are dissatisfied, and will never be re- conciied to their present Clergyman; for even the ' Ebcbeuturs, who were so anxious for a change of clergyman, are not yet satisfied with its results. •iJd. Mr. Macdonald's demeanour towards the party called Escheators, was constantly forbearing, con- vinced of the inutility of advising them; he observed strict neutrality to those matters; so much so, that they assumed a kind of ascendancy over him, and would feign deprive him of that liberty of opinion,the I'lglit of which they claimed and acted upon them- selves. (29) 3 We are perfectly .ati,aed that he was not in the .e^t, either lect.y orJ^^^'.STSLZ Td he Inerhad sent fo. the troops, is a direct proo of this moreover, had Mr. Macdonald been the least of this, '"°"'' ' ij ,d not have been alto- concerned in this atlair, ii coum .ether concealed; some circumstance or other would geiuei V.UU 7 *UorP were so many on have transpired, -pec.ally as J« « J^'^ ^^J ^^^ the look out to convict him «".^°'' °° , , „„„ so constantly «nd stoutly have denied ,t, had He any participation in it. „ , . . . „«„ 4th. The preposterous suspicion of his being con- eerned in bringing up the troops, togeth- -t'l the. .mplacable hatred against the Proprietary body ol which be happened to be a member, was t^ on y cause of his removal from our parishes. His ene could convince them that it was noi . for the troops; and nothing would satisfy their hatred l^d venVanco but his removal from thei. pans • 5tb We must add, that the circumstance of the retuJnto this Island of three young clergymen, na- e this County, added to the number of bis ene- rl or their relations being a numerous and pow- erful' party, joined the ranks of the escheators, in order to pr cure bis removal, with a design o crca^ racanci^s for tbelr own young relatives, and thus enjoy the fruits of his labours and improvements. 6th We are of opinion that had Bishop Macdonald either altogether kept away from our Parishes or eiiner th sacb cour- age, that before the contest «^'»^«'' '''"^y 'T"^ ''' c!mplished -backed by his support-what at the out- set they would not have dreamt of. ,Uh. On the 1st of January, 1844, under the pre- tence of effecting a reconciliation Mr. John Mam- tosh, with his followers, obtained admission mto the St Margaret's Chapel; on his own ^'^^^f'"'^ L^r anted authority, appointed Church Warden,, anlpassed strong resolutions for the .mmed.ate x- Tll of Mr. Macdonald from the pansh; and on the S of January following, at the "-^ "^ ^ P-^.^'^^^ interrupted divine service, endeavoured to lay violent hands L the Priest, and uttered the most unhecom- ins language. • . ,1, 4 • loth It then became the general opinion, that in orde'r to vindicate the sanctity of the altar, and pro- tect the liberty of divine worship, it was necessary to p.: cute MrVcintosh. and his -ociaes; accord- Llythe ringleaders were bound over to keep the • "ele and a Crown prosecution was instituted against Tohn Mac-tosh, by the Grand Jury of the County i° Iturbing and preventing divine worship. The The Court »n£ the East Point, the necessity of '.vhich was intimated to you by letter in the Autumn nf 1843, but verbally several times previous to that period, and finally in- sisted in 1844. None of my communications to you on that subject contained any charge against you, which could be construed into any thing disreputable to your character. My letters to you on the forego- ing subject, dated loth October 1843, and 8th July 1844, respectively, merely stated some of the reasons which necessitated your removal, and urged on you a willing acquiescence ia its propriety, (your ministry (50) at this time having been useless to a great number of your parishioners, who would not even assist at your mass,) but by no means accused you of crimes. Had charges of such a nature been brought against you, I would not, without a thorough investigation, and satis- factory acquittal, have offered you, as I did at each time I urged you to leave the East Point in 1843 and 1844, other missions in different parts of the Island, all of which you decliued; and if now you find your- self without any care of fjuls, it is yourself, and not me, you have to blame for it. Such being the case, why pervert the main (cutures of my proceedings? What can be meant by those outbreaks and strong expressiouii of yours, "deprived of your pastoral charge — suspended from your sacerdotal functions- treated as a criminal — cashiered — deprived of your reputation," Sec. The foregoing remarks refer to you till the time you resigned your charge of the East Point missions. Since that period certain acts, which grieved me considerably, were attributed to you, one of which occasioned your temporary suspen- sion from saying mass : of these acts I shall say nothing at present, and as you followed the prompt- ings of your own will in them, and seem to have gone its full length, you should, I think, remain contented till those, (if any) whose interests have been aggriev- ed, think proper to make inquiries into the propriety or justice by which these acts of yours can be sustain- ed. Hoping the above will give you every satisfac. tion you can ren onably require, and that the same subject shall be no more reverted to, I remain. Rev. Sir, Your very obdt. & htunble Servt., B. D. MACDONALD, SisuOp of Cua7lQttC(0Wil> nber of at your I. Had ; you, I 111 satis- at each ^43 and Island, d your- and not le case, edings? strong lastoral tions— )f your jfer to I of the in acts, [ited to suspen- all say )fompt- ve gone ntented iggriev- 'opriety sustain- latisfac. le same tows. (51) [Remarks on Ihc above letter of Bishop M'Donald's.j By this letter the Bishop would feign smoothen down tilings ; but the above incontrovertible facts, which are public and notorious, are stubborn thing?. First. He says that '* he did all in his power to up- hold my conduct and reputation." There are but few intelligent persons in King's or Queen's Counties who, upon hearing that the Bishop claims the merit of uplwldmg my conduct and reputationy but what will feel inclined to smile. He did indeed uphold— but whom? my enemies! If he upheld me, it was in the wrong way ! He surely never expected this letter of his to become public, when he penned those words, ''upholding my conduct and reputation," for the contrary is clearer than the noon day. Second. He says that he gave me private advices, and made private representations to me. I absolutely deny it : he never gave me any private advice or support, especially in this matter, nor made a single representation to me; He should indeed have done so; but he did not do it. From his conduct at Bear River in July 1843, I could clearly perceive that he was in the interest of my enemies, and that his only object was to get matter of accusation against me. I knew well, that whatever befel me, I had no pro- tection, justice, or support, to expect from him. His first letter to me afterwards, was dated on the '27th of September following, warning me to leave St. Margaret's in a month's time. His next letter to me was written in July 1844, ordering me to prepare for my immediate removal : my fate was decided upon between himself and my enemies. He never appear- eu «,u wc wwi lu iuc ijgui ui a criminal omcer. (52) I' I Third. lie says (hat "none of his letters contain any charge that can he construed into any thing dis- reputable to my character." He took good care that he would not give me that much fair play as to ac- quaint me with the charges made against me but his conduct supposes such charges. Moreover, he ac- knowledged to me at St. Andrews, on the 28th June, 1844, that when M'Intosh preferred his accusations at Hear River, in July 13 13, he told him to commit those accusations to writing, and to procure a certain number of responsible signatures to them, as he could take no notice of mere verbal accusations. This M'lntosh did; and, in the following month of August, accompanied by Angus M'Cormack, of Big Cape, M'lntosh went to Rustic© with his list of accusations. A month afterwards I was ordered, without knowing for why or for what, to vacate St. Margaret's Chapel premises. I ask any candid and equitable person if the Bishop intended merely to fulfil the duties of his station, if he should not hav^e acquainted me with the nature of M'Intosh's accusations.'* Was it not his duty to make them known to me? and had I not a right to know them? Will he say that this document was a mere sheet of blank paper— a car/e 6/ancAe? Du- ring the following year, from July 1843, to August 1844, there were no fewer that four public deputati- ons or cavalcades to Rustico, to accuse me. After having gone the distance of fifty miles for that express purpose, is it to be supposed that they did not pre- fer any accusations? Did they merely go to perform Pantomimes before his Lordship's door.? He twice acknowledged to Mr.M'Donald, of Prospect Hill, that there were loads of accusations acainst me. The rioters knew well that they would always be listened (53) to at Rustico; and had not those accusations been .alse they would not be secretly whispered into his ears but would be published from the roofs of houses. Withm two months ago the Bishop-being out of humour with the above rioters, on account of the ill recept,on they had given to my worthy successor-he toW hem that they needed not go any more to him with falsehoods to Rustico ! ! It was only against me that deputations had gone to Rustico. How are those contradictions to be reconciled ? He also told them that the fault lie wholly with themselves, and not with the priest, meaning me. It is rather late to ac knowledge a person's innocence, after he has been nvdde to suffer the extreme punishment of the law Fourth. The Bishop assigns as the sole reason of my removal, - that my ministry had become useless on account of the great number of my parisioners who would not even assist at my mass," For this result he himself, together with the youn*^ clergymen, is greatly, if not chiefly, to be blamed' 1 he, people indeed were bad, but they turned their badness to account. Previously to the Bishop's visit to Bear River in 1843, the ch.pel was well attended. A few indeed of the ringleaders, since the disturban- ces of the month of March previous, had abstained trom divine service; and among others, Mr, M^ntosh had not frequented the Chapel for the last seven years ; neither did he for many years previous to Bishop M^Eachern's death ; for in 1835 I condition- ally baptized a child of his, who was about five year, of age. So inve.erate was he against the late Bishop that he would not allow his child to be baptised by "«•- . .. naU rcueivcu private baptism in its infancy, from a bjacksmith Nor has Mr. M'Intosh been at lir If M (54) the St. Margaret's Chapel on any Sunday since I gave it up in last October, except on the 1st of January last, for the express purpose of encouraging the sale of the seats, in order to raise money to prosecute me for having removed tr.y house. Even after the ex- citement caused by the petitions, which the Bishop had himself set on foot, and which had set the con- gregation at Bear River in array against itself, the number of hearers had not sensibly diminished; but after the outrage of the 1st of January, until my :inal departure in October last, the chapel was but thinly attended. It was their final manoeuvre in order to break me down and ruin me, to refuse the pay- ment of the tithes, and to abstain from availing them- selves of my clerical services, especially assisting at divine service. Among those who absented themselves, there were many who did so through fear. At the instigation of their ringleaders they had compromised themselves with the Government, with their Land- lords, and with their Clergyman; and, they had to obey them, under penalty of being deserted by them. Moreover, the young clergy were frequently interfer- in"-, and celebrating divine service within my district, and thus drawing the people after themselves. When Mr. M'Phee, beijig a deacon, and on the eve of re- ceiving the Priesthood, happened to be on a Sunday in my district, he would ab?erit himself from divine service, through this improper motive; and thus, by the weight of his authority, and the force of his ex- ample, engage others to do the same. N\ hat dispo- sitions on the eve of receiving the Priesthood ! How wouldhe like another to do to himself the same to-day? The Bishop knew of all this, and winked at it. All conspired against me : I stood alone, as it were, to be (55) e I gave January the sale icute me ' the ex- ; Bishop the con- st itself, [linished; until my was but I in order the pay- ng them- sisting at 3mselves, , At the ipromised ir Land- y had to by them. ' interfer- Y district, IS. When ive of re- a Sunday nm divine J thus, by )f his ex- hat dispo- d ! How ne to-day? dt it. All i^ere, to be shot at. It was impossible that, surrounded by ene- mies bent on my ruin, I could stand my ground. But this was the case only at St. Margaret's ; the other three chapels were always regularly and fully attend- ed ; and the congregations at St. Peters's Bav and Souris were in a flourishing condition when I left tiiere. Fifth. He says « That it is unreasonable of me io ask him to vindicate my conduct from the attacks of those whom I may consider bent on ir.juring my re- putation, as a clergyman or otherwise." I ask any sensible and well-informed person, if, when my reputation as a clergyman is assailed, espe- cially in another country, if I have not a right to de- mand of the Bishop in whose diocese I reside, a testi- monial of my public conduct as a clergyman.? What is the principal duty of a Bishop but that of an in- spector or overseer over his clergy.? And when a clergyman's reputation is attacked, whose testimony can be more eflectual in his behalf than that of him whose duty it is to watch over him.'' In this same letter the Bishop says, '< That had ac- cusations of a crimiirtil nature been made against me, he would not, without an investigation and acquittal, have oflered me other missions." He here seems to admit that accusations were made, but not of a crimin- al nature ; he already acknowledged them to have been innumerable : why then conceal them.? There is a suspicion, both on this Island and in the neigh- bouring provinces, that they were of a criminal na- ture, especially as I have been deprived of my charge. He indeed did offer me another situation, but he knew that at^ter nearly two years of constant distress of mind, after innumerable calumnies and outrages, my conr- (56) age must have abated ; ho knew well that though I would not fear to meet any where with such bad peo- ple as at the Capes, after his own worse than open hostility, I could not put any copfidence in him, or serve under his jurisdiction; he knew well that I would never again expose myself to be so ill treated. He also offered me an exeat in order to get me out of the Island. He had heard me say that it was my intention to leave the island, if I were removed, for secret rea- sons, and without any compensation for my losses. By those words, " The foregoing remarks refer to the time you resigned the charge of the East Point missions," I am exculpated, by the Bishop's own tes- timony, from all fault whatever, up to the time of my resignation of my cure. So far, so good ; but he in- sinuates that after that date I committed faults which have injured the rights of others : this part of his let- ter is rather obscure. If another intercepted letter turned up, it might perhaps throw some light upon it. Why not particularise those faults, especially as I twice wrote him to define them? However, since by those faults the rights of others are said to have been aggrieved, I suppose that he alludes to my acception of the tithes in the Autumn of 1844, and to my adver- tising and removing my house. The Elders, in tlieir declaration, page 36, have ex- culpated me from both those charges. As to the fi»'«t charge, I will merely add, that my late parishioners were the best judges whether or not I was justified in accepting those tithes. They knew best how we stood as to our accounts. They knew that the salary of a year's services was still due to me. They would by no means have paid them, had they not been convinced that they were due. (57) The most ignorant are clear-sighted in the matter of payments, and are not inclined to over pay. Before I gave the matter a thought, my friends in the St. Margaret's congregation came forward and offered then, to me as my due. The generality of the parish- ioners in the East Point and Souris congregations paid them. The whole of the four congregations would, if left to their own judgment, have paid them. The people of St. Peter's were frightened from payinj; them, by the threats of having to pay them a second time, and of incurring the guilt of sacrilege. Those that did not pay them, did not pay them from a sense of their not being due, but from other motives ; and those that did pay them, paid them in defiance of threats. Lastly. As to the other charge, that of removing my house, I will likewise merely add, that, had not that house been my own property, I would no more have touched it than I did the Chapel-houses at St. Peter's Bay, East Point, and Launching Place. My circumstances required of me to make use of the ma- terials thereof, in order to fit out another house for myself. They thought that they could, under the cloak of religion,with impunity, rob me of my elegant and convenient house, and enjoy it, while I would, at the approach of winter, be myself homeless. Had even the sjround on which my house stood been theirs, they would have prevented its removal, or made me suffer the consequences. But after that three of their Elders had gone to Charlottetowa to prosecute me, they were obliged to desist, as they had no title to the land on which my house stood. They at first pre- tended that they wanted but the Chapel ; but after that I gave it up to them gratuitously j though I had a (58) heavy claim upon it, I was suspended for not giving them up, immediately, my house, and for keeping i* at least until all my moveables could be transported to my new home; and because they were disappointed their prey in even this measure. They, in the lan- guage of their hypocritical cant, consider themselves at'Tieved. His Lordship does not wish to dwell on these matters : he would have me, after all the injus. tices, ill treatment, and calumnies, that could be heaped on me, to lie contentedly under gross misre. presentation and foul calumnies. Thus, I trust, that I have fully vindicated my repu- tation, and successfully proved that I have neither disgraced my cloth, nor tarnished my fame. JOHN MACDONALD, Catholic Clergyman. Glenaladab, Sept. 20Ch, 1845. Errata.— Page 23, line 25, read nothing more un- christian than keeping. I^rinted by John lags, Islander OJJice^ Cliarloikioim, F. E. 1.