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I s 3 -4- vy G ;• k -I ^ c6: -^< Ca tis ii The Case of Leomrd Wikbif. \. ,^' !-vi-i jiji-y-miiii'* i da [I, LsoNARD Wilcox, having arrived in the Harbour of York, io tho Province of Upper Canada, in 1815« with a Boat containing a number of articles which I brought from tho United States, intending- to become a Permanent Settler in . the Province, I applied to the Officer in Charge of the Cus- tom-House to have my Boat and Goods entered, and pay the duties thereon. Instead of receiving the duties, ho .^,. ' . . seized the Boat and Goods, — stating, that part of the articles "^ • ' ^ were contraband goods, on which duties could not bo re- t!«;. ceivod. As there were none of the articles landed, I re« qiiested permission to return, which he would not grant. 5 ' ! The folldwihg is a part of the evidence given before a Com -' iuittee of the House of Assembly appointed to investigato - >'- the case on my Petition praying for a remuneration for the loss sustained in coniequence of the said seizure :] — ,, ; Q. Do you not know that the boat wa§ seized for not paying the duties oh the first cargo? A. It was detained on some pretence of such duties due, but not seized — the goods of first cargo were givoa up, as I understood. Mr. HAMILTON— Called, r, ... ; j Q. Were you Deputy-Collector at the time of the seizure of Wil- cox's boat.' A. I was in his absence (Mr. Allan's) then in Lower Canada. Q. Was Mr. Allan absent at the time you seized the boat t A. To bo sure he was. Q. For what cause did you seize the boat ? A, For having goods on board which could not be entered. Q. Did not Wilcox give an invoice ? A. He gave the number of packages, but not their contents. Q. Did Wilcox expect the packages to be examined ? A. I sup*- pose not. Q. Did he request a permit? A. He did, but I would not grant it till I examined them — I did examine, and tho first article I discovered was a box of dry goods. Q. Did you question him as to the contents of the packa^s I A. I did — he answered in some evasive way I cannot say, it is now ao long ago. Q. When you seized the boat and goods, what proceeding* did you institute ? A. I put the goods into Mr. Allan's store ; the Custom- house locked them up, and delivered them to Mr. Allan on his re- turn ; the boat I hauled up a little on the beach, of which Mr. Allan also got the custody on his return ; and this is all I did, till called as a witness in court upon the trial. Mr. WILCOX requested the following questions to be put to Mr. Hamilton ; — Q. What was tlw contents of tho box of which you spoke as «on- Q \l 'A 26705S II »n i II i ig tUc>. tUy goods ? A. Pieces of shawls, piece* of muslm, and ail assoi'tmeot oT merchandize. Q. What do you suppose was the value of these goods ? A. I can- )iot say at this distance of time— k inquired three men to lift the case. Q. Can you say, even at a conjecture, what the value might have boe« ? A. 1 carniot ; soma ajticles were of ^b doubtfui deseriptioin — and P couW not say whether the}'^ wpr* ;^»ciitable or not; these wero returned to- Witeox — that is, tfeey weie aaal bach to Mr. Allan's store ; this was after trial. Q. Was 1?he»e not a voliwiiera bad of them upoa the seizure ? A. There was* a» I suppose, but I was not psesent — Mr. Atlaa knows, I suppose. Q. Do you know any thing abou* the p«oceetfe of the sale of the boat and goods } A. 1 do not, otherwise than understanding from Mr. Allan that the Attorney-General's bill was about j£20> aad that he paid him. Q. 1 fad you any of the crockery taken in the boat in your store for sa!f ? A. If 1 had, 5 bought them at the auction, and paid for them. Q. Were you Deputy-Collector al the time of the sale? A. No — I had nothing to do with the office at the time. Felruary 2 Q; Did you understand why the boat was seized ? A. Mr; Ham- ilton told me it was on account of having contraband goods on bo»rdt Q. Did you understand that these goods, so considered as contra- band, were said to have been on board the boat at the time of this seizure, or that they were alleged to have been on board at an earlier period, the previous spring, on the first coning in of this boat ? A. I understood it waa for the goods then on board at the time of seizure — I was with Wilcox's brother when he entered the boat in the Spring at the Custom-house ; the goods wero landed and boat returned on her voyage ; there was no difficulty about the first entry — the goods wore mostly brought to my house. Q. Did Mr. Hamilton act as Dfeputy-Collector in Mr. Allan's pre- sence as well as in his absence 1 A. tie did. I understood he was a regular deputy — I did not see his authority, but I understood he was his deputy. I kept a public-house, and had frequent applications from persons t« lot thom know the Collector and his place, and I usually directed to Mr. Hamilton, and do not recollect any doubt of it. THOMAS BRIGHT— Called. Q. What do you know relative to the matters of Wilcos's com- plaint ? A. I know his boat was seized and sold as condemned goodat Q. Did Mr. Hamilton sell the boat himself? A. He did — at auctbn. Q. What did you give for her ? A. I bought her very low- — I did not Mrant Ihq boat, but she went so low I bought her — it was j£20 or very little upwards — it might be one or two jwunds over, but I will not say more. T I bol co| Wj wc the juc yei thil 30| Ill V i I Q. Did you buy her tackle, rigging, &c. ? A. I did suppose I bought all at the auction ; but d<"Tianding the sails e«td rigging, I could not get them — they were not to ^e found — I never got them — I was told they were stolen — I still kept die boat, beca use she v/as worth much more — indeed she is worth more now at this day. Q. Where is she now ? A. By the shore side, owned by one of the Wallers, as ! thfnk. Q. What is she now -worth? A. Indeed I know not; I am not a judge ; yet I think she ccold not be built under »00 dollars— fihe is yet able to work — was no doubt a well-built boat, better than usufti on this side ; she was from 50 to 58 or 54 foet keel, and 10 or 11 beam. Q. What might :he sails be worth % A. In estimating her value at 300 dollars I meant to include sails. Q. To whom did you pay the value of the boat? A. To Mr. Hh milton or Mr. Allan I certainly paid the money, but to which 1 do not recollect ; but I think Mr, AHan. HON. WM. ALLAN-^Called. Q. Were you in Lower Canada at the time of seizure of said boat? A. I was absent during the whole of the summer of 18i5^-returnijig in the fall, I can positively say I was not here at the time of seizure ; I may have been here at the time of fa*st coming in of the boat in the spring, though I t'n not certain. Q. Was Mr. Hamilton your Deputy? A. Yes — he was. Q. How long was the boat kept before trial ? A. I cannot say. ,Q. Do you recollect the amouni the bout and goods sold for ? A. Not the smallest recollection. Q. Do you know if any report was made to the Inspector-General ? A. I do not — it is always usual to make return ot seizures to the In- spector, and send a copy to the Attorney or Solicitor General at same time ; I presume it was done in this ca«e also, but cannot say. Q. Was Hamilton your Deputy at the time ? A. He was, and I must presume he did so. Q. Did you receive the proceeds of the sale, or any part? A. I do not think 1 did receive any ; there is some poasibility of it, but 1 do not think I got any of it. Q. Did Mr. Hamilton, as your Deputy, make returns of money to the Inspector-General or Receiver-General ? A. Never. Q. Do you know what became of the tackle of the boat ? A. I do not know. I received no redress. That, notwithstanding these losses, I persevered in my original intention of becoming a permanent settler, (with the intention of keeping a public-house ;) purchased a piece of lai»d on Yonge Street, about 13 miles from York ; built thereon a commodious house, and there expended the greatest part of my remaining means. I then np- plied for a license, but was refused, as 1 had not taken the Oath of Allegiance. I made ap])liciition to the proper authority to be pmuiltcd t(^ tnlu; ihc Oath of Allegiance as proscril>ed by law. Tin- C'llluwiiiir sliih>- ttKMits will show tin; nianutM' iu ^hich I hiive been /kecml oi' n\y \-'\\ji:\\U in this ins^tauce by thu*^«t tli« liea on the 14th October next ensuing, and give evidence against Whitfield Patterson, (kc, which he has accordingly done as follows : — Leonard Wilcox £10, ') CONDITION. Jacob Munshaw, . . 5, > That Leonard Wilcox do appear at next Jarius Ashley, . . . 5, ) Court of General Quarter-Sessions, to be holden here, and give evidence against Whitfield Patterson for a mis- demeanour, &:c., and not to leave the Court without permission. A true Extract from the Record. For S. WAsrir.iT.N, Esq. C/crl: Peace H. B. (Signed) CHS. M. K. BATY. W'lIITFIELD PATTERSON'S CEKTlFlCATi:. I hemby certify that 1 licensed the ilousn of Leonard Wilcox, on Yongc Street, in the year 1817, and authorized him to sell for mo, and he was fined for selling under the s;iid licence. (Signed) WHITFIELD PATTERSON. York, 12th February, 1829. jrtVj/cAi' — John Fe?;tox. Seeing the want of Carding Machines in the part of the province in which I settled, and being under the impression that the duty on such would be 10 per cent. I imported one in 1816, and was obliged to pay 30 per cent, duty ; which duty, amounting to '^75, has never been accounted for by the Custom-House officer to whom it was paid. lie/ore the Coynviittce of the House of Assrmh/f/, '2d of February 1820. JONAS DUNCAN— Called. Q. What have you to say relative to an arrival, entry, sei/ure, and r-ondemnntion of Leonard VVileox'^ boat and cargo, in the spring o^' 1P16, in the harbour of York ? A. I know nothing. '} ^ VI 7^ Q. What of the Ctu'ding Machitac, it« entry and duty* in Uic ipriiig <)f 18161 A. I did comu with this fntiehino at the time mentioned, and I HOW rt cntored in the CuKtom-houiic with Major Allan, who wss there himself at Ibe time. I brought the Machine in for Leonard Wilcox — I received it from his brother CharJos Wilcox, (whoiaa inachine-makor,) for Leonard, aiKi worked it for Looaard, being six months in his employment. Mr. JAMES NATJON—Cai^od. Q. Are you a Clerk in the Inspoctop-General's Office? A. Yes. Q. Is there any entry in the books of the Receiver-General's Office of a seizure, condemnation, sale, or return of a boat and cargo be- longing to Leonard Wilcox, in the year 1815, in the horbournf York ? A. From June downwards there does not appear any port entry, that I can trace. Q. Is there any entry of a Carding Machine, as entered by Leonard Wilcox or Benjamin Hoshel in the year 1816, at Yorki A. There ore entries of two Carding Machines, — one of Edward Thompson, the other does not state the name of the importer, as far as I can find. It appears that the duty of &0 per cent, was paid on botli those machines — it was my impression both machines were imported by Edward Thompson. I can prove at any time that Edward Thompson imported two ma- chines that season, on which he paid the duties. The Honorable Wm. Allan very plainly tells the Committee of the House of Assembly that Hamilton was his Deputy: — Cannot say ho», long the boat was kept before trial :— Has not the smallest recollec- tion of the amount the boat and goods sold for : — Cannot say that a return of the seizure was raade to the Inspector, or a copy sent to the Attorney or Solicitor General, but bluntly presumes that such was the case : — Admits the possibility of his leaving received the amount of the sale of Boat and Goods : — Does not know what became of the Tackle of the Boat. I have also frequently made inquiry to find out whether Mr. Allan had accounted to Government for the $75 paid duty on the Carding Machine, but have every reason to believe that he has not — (See Mr. James Nation's evidence before the CommiUoe.) From all the circumstances herein stated, the public will have an opportunity of judging the fitness of such persons iS the Honorable Wm. Allan and his comrade to fill the different inriportant situations they have for such a length of time held, and stil! hold, in the Pro- vince, — lading as Prosecutor, and Judge, and Jury in many instan- ces as well as mine. In the case of the Innkeeping Prosecution, at tiiat time I was bound over with two sureties to appear at the next Quarter-Sessions to be held in the District, to give e\'idcace against Whitfield Palterson, who was never called upon to answer for the misdemeanour mentioned, although I was put to the trouble and ex- pense of attending during tlie sitting of said Seesions. All thciso per- secutions and hard usag< ' must allndc to the vindictive conduct of the said Collector of CustoUiS and his GoUcogues, which I always consi- dered contrary to the intention of His Majesty's Proclamation invitinjj Settlors to come into the Proviaco., and contrary to imniauity aud common justice. Yorl icosti utcr retul lAbol Ql cost I gooc I Til V in Uic spriug inontioned, >n, who was for Loonard :, (who is A d, being six A. Yes. 3ral's Office cargo be- ar of York? entry, that by Leonard A. There >mpson, the in find. It e tnachinos jy Edward od two ina- Fefrmary 24M, 183WJ. LEONARD VVlLCOX— Again called. Co.MMiT'pEE — Messrs. Ketchutn, Cawthrn, and Baldwin. Q. What was the value uf your boat and cargo on your arrfvat in York, at the mrjst reasonable estimate 1 A. Boat and good», at first cost, cost me JE427 : 12: 6d. Prov. Cur'y., exclusive of the cooking utensils on boarti the boat. Q, Can you estimate what was the value of that part of the goodir returned to you, at their first cost, and not in their injured state ? A. About £130. Of these I sold a part, but did not get their vahie. Q. Can you state the value of the articles condemned, at their first cost? A. The difference between the whole amount and that of tho goods returned. Q. Can you say how much was sold by the Collector, or Deputy- Collector ? A. I cannot — I rather think there was not much sold— r saw my goods, about jBlOO worth, in Mr. Hamilton's store or shop ; he was then a merchant or grocer, and had goods for sale — rrot a targe store, but he hod one in the house where Mr. Willard now haa liis store. Q. What was the description of the goods belonging to you, and which you saw in Hamilton's store ? A. Some large soup dishes, I plates, knives and fofks, quart decanters, pint decanters, and other j glass-ware fit for an inn. The crate of crockery cost me 200 dollars^ the crate of glass about 160' dollars, besides the knives and forks. ittec of the >t say ho», It recollec- say that a sent to the such was le amount me of the Vfr. Allan Carding -(See Mr. have an onorablc situations the Pro- y instan- ution, at the next i against for the and ex- :'n'o per- lit of the s consi- invifiii^r ity uMiI I REPORT OF COMMITTEE. To the Honourahle the House of Assemhhj — Your Committee, to whom was rcferrcd the Petition of Leonard Wilcox, beg leave respectfully to report : That the Petitioner came into this Province from the State of Nt.y- York, in the spring of 1815, to prepare for the intended removal of his family as settlers. That he brought a boat, loaded with necessaries for his own house- hold use, and some materials for building, a piincipal part of whicht were of articles prohibited. That, under the belief that his so coming into the Province Was Iniw*- ful, on his arrival with his boat he immediately reported her to Mr. Hamilton, the Deputy-Collector of the Port of York — She was never- theless seized as having prohibited goods on board, — these prohibited goods being, as Petitioner states, wholly for his own use ; which seems not contradicted nor incredible under the circumstances — however, the vessel and part of the cargo were condemned, by proceedings in; the King's 15ench : Your Committee, therefore, must report the sei- zure lawful. That that part of the goods not prohibited were restored; after se- veral months' detention, and greatly injured and wasted — the boat was sold under the judgment, without the rigging and tackle, which could not be found at the time of sale, and- the Petitioner could not learn what became of them. That, as it appears to yoUi" Committee, no report or return of this seizure and sale was ever nradc to the Inspector-Generals Office, wbic)^ Petitioner urges us a further cause of complaint — and, without ' 1 , VIU floubt, tho ])evsons having Uie execuhou of tliis jnut fii" ih.-. law »1iouli< now account to Government lor the proceeds of tliis seizure. Petitioner lurfher complains, that having bi'okcn up liis eslabjish- nient nt his house, ho was compelled, amidst these unpromisin?^ cir- cumstii.ioes, still to pursue his object of settling in the Province; and in the winter of tlie saiiJ year he brought in his wife and children, and ha^ang onjcted a house on Yongc Street, accommodated for an Inn, ho applied for a licence, which was refused, as he had not taken die o:Jth of allegiance. He accordingly applied to the Magistrates for this purpose, but was refused, though bearing written testimonials of his fitness and good conduct. He further applied to the Honourable Samuel Smith, then administering the Government, for the same pur- pose, but was still refused. That your Petitioner, having his house erected and furnished as an Inn, under the pressure of this embarrassment procured a friend, one Patterson, to take out a Tavern License for his House ; and, this done, he entered on the business of Inn-Keeping. Shortly after, he was informed against by William Allan, Esq., then Inspector of the Town of York, for selling spirituous liquors without license, and was fined £20 because his license was not assigned to him by Patterson accor- ding to law. Your Committee, having examined into the legality of the proceed- ings, must report to" your honourable House, that thisy have been, as far as they can judge, legal; yet the law has been, nevertheless, op- pressive, in the instance of the Petitioner, who, coming in, bona fide, as a settler, so long ago as 1815, and ever since having passed Ji so- ber, useful and industrious life, has fallen most undeservedly a victim to the unreasonable rigour of the law, contrary to the true spirit of the British Statute 30th Geo. 3d. ch. 27, "for encouraging new settlers in his Majesty's Colonies and Plantations in America. " Your Petitioner, reduced todistress, even to temporary imprison- ment in jail ibr debt, seems to place his hopes of some relief from your Honourable House ; and your Committee are induced to recommend him tor a small pecuniary relief, to be proposed in the Committee of Supply, it being the only way in which the severity of the law can be mitigated in such a case, and as the recovery of the proceeds of the sei- zure will, at least to some extent, reimburse the public; upon which part of the subject, your Committee beg leave to report, that, by the evidence, it appears certain that the sum of £20 was paid for the boat, either to the Collector or his Deputy, but to which, in particular, does not appear. The former assures your Commiliee, that, to' the best of his recollection and belief, he did not receive it ; and the lat- ter assures your Committee, positively, that he did not receive it. Be- sides these twenty pounds, the jjroceeds of the Goods sold, and the tackle and rigging not sold, remain also to be accounted for, but your Committee have not been able to trace the matter oiit. Your Committee have, in the course of their cnqu.rv, witnessed much inconvenience from placing the collection of dutic.-; in the hands of persons in trade, either as principals or deputies. They forbear to report the evidence, merely as adding unnecessari- ly to the public expense. (Signed) JESSE KETCHUM, Chairman. Committee Room, Commons House of Assembly, ^ February 26th, J630. J fJit.; law slioiilii /Aire. his Gstabiiiih- iromisinf^ oir- roviucn ; and unci children, odatod for an had not taken agistrates for testimonials of 10 Honourable the same pur- irnished as an i a friend, one and, this done, after, he was T of the Town and was fined itterson accor- IX ]\ 15 V E xn-, L ,\AV.— ir//. COX' >S' ca s e. 41 Cloo. 11, ch. 5, p. 130 — Collector shall return all duties and sei- zures at or before the expiration of every six months. Ibid. p. i:}7, sec. 8 — Prescribes manner of making entry — it seems the report of tlie packages is sufficient — punishment of" offending a- gaiust the provision of this clause — fine not less than £.5, nor cer £250. Page 136, Chapter 5. In the 4lst. year of George iii, A. D. 1801. Which said Collector, or Collectors, or his, or their, Deputy, or Dep- uties, shall make his or their report to the said Governor, Lieuten- ant-Governor, or person administering the Government, of all entries made at his or their respective port or ports, and accounts to the Receiver-General of the said Province for all duties and seizures le- vied, paid, and made under and by virtue of any Act or Acts of the Pavliainent of Great Britain, or under and by authority of this Act, at or befiM-e the cxpir»ti»ii of every six months. )f the procccd- have been, as t'crtheless, oj)- ; in, bona fide, g ])assed Jt so- vedly a victim Lie spirit of thtj new settlers in ary imprison- slief from your to recommend ! Committee of the law can be ceds of the sei- ; ; upon which , that, by the .s paid for the in particular, , that, to" the ; and the lat- •eceive it. Be- sold, and the for, but your ■y, witnessed ; in the hand:j f: Will the people ol' tliis Province rest satisfied while such men haye power to decide upon their lives, liberty, and property ; and such men ns Judge Willis and others ruined for endeavouring to support impar- tial justice? — We hope not. If ever this Province was called upon to take a bold stand, in order to protect their rights and secure the pure and impartial administration of justice, it is at the present alarm- ing crisis. The time is near approaching when the People of the Province will have it in their power to elect as their Representatives men of inde- pendent principles ; and it is to be hoped that, when they meet in the House of Assembly, it will be a House that will be jealous of its privileges, (as Britons or naturalized subjects,) and efficient in the work of legislation, — a House that will neither be ashamed nor afraid to put executive influence at defiance ; to stem the torrent of official corruption ; and to protect from the slightest encroachment the con- stitutional liberties of the people. Toronto^ September, 1834 LKONARD WILCOX. 5 unnccessan- Chairman .