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GOVERNOR GENERAL OF CANADA, &c. &c. &c. WITH AN APPENDIX. - 184-2. ■ 1 • • • I ' . . . . > 1 (II t '. 1 1 1 1 MEMORIAL. TO , HIS EXCELLENCY THE RIGHT HONOURABLE SIR CHARLES BAGOT, KNIGHT GRAND CROSS OF THE MOST HONOURABLE MILITARY ORDER OF THE BATH, ONE OF HER MAJESTY'S MOST HONOURABLE PRIVY COUNCIL, GOVERNOR GENERAL OF BRITISH NORTH AMERICA, AND CAPTAIN GENERAL AND GOVERNOR IN CHIEF, IN AND OVER THE PROVINCE OF CANADA, NOVASCOTIA, NEW BRUNSWICK, AND THE ISLAND OF PRINCE EDWARD, AND VICE ADMIRAL OF THE SAME, THE PETITION AND MEMORIAL OF DAVID CHISHOLME, OF THE CITY OF MONTREAL. May it please your Excellency : That it will be seen by the perusal of the accompanying printed, but not published, Memorial and Case, addressed to one of your Excellency's predecessors, Sir John Colborne, now Lord Seaton, as well as by the Appendix to the present petition, that your Memoralist is one of those unfortunate persons who, in consequence of having maintained their integrity as good and loyal subjects of the Crown, and, during the long political warfare which so unhappily prevailed in this Province, upheld the principles of sound Constitutional Government, have become the persecuted and atllicted vic- tims of party concessions, and an unwise conciliatory policy, which never yet tended to, and never can be made instru- mental in securing (he true Interests of the nation. Tiiat it will also be seen from these documents, that your Momorialist, notwilhstanding the Irutli and upriglitncss of his cause, has hitherto hcen unable to obtain any redress of llic wrongs done to him by an unjust and arbitrary removal from office, whicii ho had lon^ liidd with untarnished integrity of conduct, and the consequent violence inllicted upon his char- acter and fortunes. That, nevertheless, your Memorialist reposes such unlimited confidence in the justice and imparti- ality of your Excellency, as well as in the protective authority and wisdom of the illustrious Crown and Government whom you represent, that lie by no means desj)airs of obtaining final redress of tlie grievous wrongs to which he has alluded ; and in that just hope and full expectation, he prefers the present additional appeal for justice — that justice to which he con- ceives himself to be pr- -eminently entitled. That it appears, that the late Lord Sydenham, upon reference made to his Lordship by Lord John Russell, late Secretary of State for the Colonies, luid made an unfavour- able report upon the claims of your Memorialist, blit upori what grounds, and in consequence of what course of inquiry, your Memorialist has not yet been able to ascertain ; though, as will be seen from number eleven of the appendix, a different result had been anticipated, even by the late Colonial S'e- cretary, much to the credit of his Lordship's discernment and generous wish to redress the wrongs of an injured and op- pressed subject. That, therefore, no other resource is left to your Memorialist, but respectfully and earnestly to pray, that, as for as to your Excellency may seem meet, you may be pleased to take the case of the Memorialist into consideration, and secure to him that compensation for violated rights, for which he has so long, but far from groundlessly, been con- tending in vain ; and that if, in the course of such considera- tion, it should please your Excellency to refer this case to 5 the decision of Her Majesty's Government In England, your Memorialist is aulliorised to stale, tliat the Aitorney General of this portion of the Province, is now in that country, and, being in possession of every fact and circumstance relating to it, he will at all times he ready to furnish such information as may be deemed necessary by the advisers of our beloved Sovereign. Your Memorialist, as in duty bound, will ever pray. David Chisholme. 1st February, 1842. APPENDIX. I. MEMORIAL OF MR. CHISHOLME TO THE QUEEN. To the Queen's most Excellent Majesty: The humble Memorial and Petition of David Chisholme, of the City of Montreal, in the Province of Lower Canada. May it please your majesty : — That for many years your Memorialist had the honour of serving the illustrious Crown which your JMajesty row so auspiciously wears ; and that with credit to himself, and, he ventures to assert, with no inconsiderable advantage to the state. That in 183G, while holding the important offices of Clerk of the Peace and Coroner of the district of Three Rivers, in your Majesty's Province of Lower Canada, your Memorial- ist was suddenly removed from those offices by the Right rionourablo (lie Eaii of (Jojsfonl, flu !i Governor in Chief of the I^rovirutc. Tliat siuli removal from oilice was not in conso(jud, of your benign grace and favonr, to take the premises into consideration ; and to restore to olTice, or otherwise compensate the losses sustained by your Memorialist. And your Petitioner, as in duty bound, shall ever prav for the welfare and true happiness of Your Majesty, his Gra- cious Queen and Soveniign. David Chisholmk. August 12, 1840. II. LETTER FROM MR. CHISIIOLME TO LORD SEATON. MoNTUEAL, 2^(1 Jammrij^ IHIO. My Lord, — 1 hope your Lordsliij) will not ho oirended if I embrace the present opportunity to state, that since your Lordship's departure from this Province, I have been unable to find out what may have been the fate of the Memorial and Case, which, through the hands of my friend, the Attorney General, was presented to your Lordship on my beiialf in the course of last summer. I have applied to Mr. Ogden for information, but without success. He thinks, however, that in consequence of the interest with which your Lordship was so kind as to view the matter, the Memorial and Case may have been taken to England for the purpose of beiuf more directly submitted to the consideration of the Colonial Secre- tary. Should this conjecture prove correct, I not only boo- leave to express my ready acquiescence in (he course that has been pursued, but respectfully to tender to your Lordship my most grateful acknowledgements for the interest which you have thus taken in the clouded fortunes of one who has had no other opportunity of expressing his unqualified admira- tion of the public and private virtues of the late Governor General of Canada, than the feeble but sincere and unbought support which he always endeavoured to give to your Lord- ship's administration, through the medium of the Montreal Gazette, as Editor. Should your Lordship be pleased to pro- mote my viows, as sot lortli in my Memorial, you will confei a lastinfT fuv«)iir upon me, being otherwise friendless nml un- protected. 1 led — (le('j)!y I'eel — the j^reat injury wliieli I have sustain(!d at (he hands of my oppressors ; but I forgive tiiem, and trust to the gooihiess of a bjsnefieent Providence for a final and complete reiiress of all my wrongs. I am informed that a number of the public officers in this country will soon be permitted to retire on pensions ; and should there bo any disposition at the Colonial office to do me justice, I shouhl have no objection to become one of the number, with an allowance in lieu of office of from two to three hundred pounds a year for life. I Ijave every reason to believe, that, had Lord Glenelg cimtinued in office, | should long .^go have been reinstated to my situation in thiis country, or received an equivalent for my life, as may be perceived by the subjoined extract from a letter to me from my friend, Mr Fraser, Commissioner of the Land Company at Sherbrooke — a gentleman not unknown, I believe, to Lord John Russell, But I will take leave to rest my hard case in the hands of your Lordship, being fully persuaded, that what- ever influence your Lordship may possess will be exercised in my behalf. I believe it js the intentiou of Mr. Ogden to trouble your Lordship upon the same subject ; but I trust it will not be deemed improper in me to put your Lordship in possession of my sentiments directly from my own hand. And now, my Lord, permit me to congratulate your Lord- ship upon your recent promotion to the Peerage — a rank not less meritoriously earned, than the distinction will prove ac- ceptable and honourable to the Empire at large. I have had already the honour of publicly congratulating your Lordship upon the gratifying event through the columns of the Mon- treal Gazette ; but it is a higher gratification to me to be !I agaiji al.lc to do so in this muniKM-. 1 liad tlic proud siilis- iaclion oriiaviiiir hern t\u\ lirst to rommiinicatc iIk- news to many of vonr r.onl.sliiii's warm frionds in tJiis city ; and notiiing (H)uld 1)0 moro dtdi;r|,K,|| u.an fli(^ fcdinir oi' n-al joy Willi whic!) tlu! in(( lli wu.s received by the whole com- mimily. I hav(^ tho honour to ho my F.ord, Your Lordship's most '•h(Mliont and hiimhl«» Servant J)avtd CinsiioLME. The Riirlii Ilonoiirahle Lord Seaton, &c. &e. &c. Extract referred to in the foregoing tetter. SiiERBRooKE, \bth Marcli, 1834. " My Dear Sir,— F ;,t(,Mid to votn- wishes in re^rard to your personal inleresls, and may salelv assure you, dial il" Lord (.leiielo- comnnies so h.nir i„ olllrj, or even if there is reterenrr to his opinion by u successor, you are n,TfectIy certain of r.jntinuiii- to enjoy any appointment that may he contenvdupon )ou hy th.> present Provincial (;overnment. in lact I know that your appointment would he rather felt in the circumstances a grateful relief at the Colonial Ollicc." III. LETTER FROM LORD SEATON TO MR. CHISHOLME. LoivDON, May 20, 1810. Dear Sir,— I heg you will a(ce])t my apologies for the tlclay which has taken j)lace in my forwardinj; a renly to your letter of the 23d January. Your Memorial, which 1 received from you at Montreal, w\xs transmitted to the Executive Council at Quebec hy my directions, soon after I had consulted with the Attorney General, as to the best mode of i)r()moting your view^s and of ohtaining an opinion respecting the charges which harl occasioned your removal from theolTices which you had held 10 at Three Rivers. I received no report upon your statement before I embarked at Qii(!l)ec ; Inil 1 conchale that tlie Clerk of the Council must have br()iit>;hl it under the consideration of the Board ; and I have requested ]\Ir. Ogden to inquire whether any report had boon made upon the subject. Having been long acquaint .1 with your political labours, and being persuaded that they have contributed to counteract the factious proceedings of the seperatists in both Provinces, 1 had hoped tliat an opportanity would oiler of employing you with advantage to yourself and the Government ; but you were aware of the difficulty which I found in sanctioning your appointment to any office at the time you applied for employment. I will request the Attorney General to mention your name and claims to the Governor General ; and I shall have great pleasure in forwarding your Memorial to the Secretary of State for the Colonies ; 1 believe, however, every Colonial appointment is left for the disposal of the Governor General. I remain. Dear Sir, Your's liiithfully, Seaton. IV. LETTER FROM MR. OGDEN, ATTORNEY GENERAL, TO MR. CIllSHOLME. Fbiuay, \st January, 1841. My Dear Sir, — I received yesterday a letter from Lord Seaton, in which he rec^uests me to inform you that " he has not yet received an answer from the Colonial Office in 11 reply to his letter, in which he forwarded your Memorial and statements ; that he acquainted J.ord John Russell, olFicially and privately, with the reasons assigned for not bringing the case before the Executive Council of [.owcr Canada, and mentioned that you appear to have refuted the charges in respect to your conduct as Private Agent of ibe Provincial Secretary ; that yon luid b<^en early j)ersecuted by tlie House of Assembly, or by the leading IVfcmbers (.f it, inconsequence of Ihe support which you gave to the administration of Lord Dalhousie, and of your able political writings; and that if you could be employed again under the Crown, that he had no doubt you would be found a useful public servant." Wishing you and Mrs. Chisholmc many happy returns of the new year. I remain, my dear Sir, Yours very faithfully, C. R. Ogden. V. LETTER FROM THE MAGISTRATES OF THREE RIVERS TO MR. MURDOCH, CHIEF SECRETARY. Three Rivers, lUh September^ 1841. Sir, — The olficc of the Clerk of the Peace for this District having become vacant by the death of Narcisse Turcotte, Esquire, it would be very gratifying to us, and promote the public good, if His Excellency the Governor General, in filling up the vacancy, were to re-instate David Chisholme, Esquire, in (his situation, which he had formerly so ably tilled, and so much to our satisfaction. 12 Wc therefore beg that you will have the goodness to sub- mit this our request, for His Excellency's favourable consid- eration. We liave the honour to be, Sir, Your very obedient humble servants, S. Grant, J. P. Angus M'Donald, J. P. B. LuriEN, J. P. James Dickson, J. P. L. M. Cresse, J. P. Joseph Beaubien, J. P. W. C. Hanson, J. P. James Bell, J. P. H. M'AULAY, J. P. T. W. C. Murdoch, Esq., Chief Secretary. VI. LETTER FROM MR. CHISHOLME, TO MR. MURDOCH CHIEF SECRETARY. Montreal, 15/^ S^e])/em6er, 1841. Sir, — I have just learned that the Magistrates of Three Rivers have done me the favour of stating to you, that, in filling the vacant office of Clerk of tlic Peace for the District of Three Rivers, it would be gratifying to them if His Ex- cellency the Governor General should reinstate me in that office. I therefore beg to mention to you, for the information of His Excellency, that I respectfully solicit, and would gratefully accept the office in question ; trusting to future 13 events and circumstances for a more ample indemnification for my removal from the ollices wiiicli I formerly held in the District of Three Rivers. I have the honour to be, sir, your most obedient humble servant, David Chisholme. T. W. C. Murdoch, Esq., Chief Secretary. VII. LETTER FROM THE HON. M. BELL, TO CAPTAL\ ROHEllT- SON, THREE RIVERS; THE FATHER-IN-LAW OF MR. CHISHOLME. Three Rivers, September, 1841. My Dear Sir, — I return you the [)a})ors you put into my hands this morning. It will be gratifying to tiie friends of Mr. Chisholme, and to no one more than myself, to have him once more among us. A few days will decide the question, but should he be appointed to the vacant situation here, I trust it will only be for a short period, and until such time as something better oilers, to reward him for what he has suffered from an unjust act of a former Governor, umler the influence of a deep laid conspiracy to ruin him. Yours truly, M. Bell. Captain Robertson. VIII. LETTER FROM MR. CHISHOLME TO MR. MURDOCH, CHIEF SECRETARY. Montreal, 2Sth October, 1841. Sir, — It would much oblige me, if you would do me the favour to let mo be informed, whether you teceivcd a 14 ! I roinmunication from mo, of the 15tli iiltim.s rcfcrr'ma; to an- other communication from the JNIagistralos o(" Three Ilivers, with rc.s])cct to the filling up of the then vacant ollice of Ch^rk of the Peace for the District, and which, I understand, also remains unacknowledged. The ollicial acknowledgement of these communications, is essential to the prosecution of my claims upon the Govern- ment. P<>rmit me at the same time to inquire, whether it he compatihle with your ollicial duties to favour me with a copy of Lord Sydenham's Despatch to the Secretary of State for the Colonies, in reply to the reference made to his Lord- ship hy Lord John Russell, with respect to my case. I cannot conceal from you that 1 was not a little surprised at one of the views which I understand Lord Sydenham had taken of the case in question ; and that the reason assigned for not restoring me to ollicial employment under Govern- ment, was the part I had taken against the popular hranch of the late Legislature of Lower Canada. I freely admit, that, in my humble efforts to maintain sound Constitutional princi- ples, and the general view\s of the Imperial Government, with respect to this country, I did every thing in my power to op- pose the machinations of a factious and treasonable party in the late House of Assembly, and 1 glory in liavhig done so, and of having pointed out, years before they were attempted to be carried into effect, the treasonable designs of that party. By doing so, I have been deeply injured and oppressed by the Government whom it was my sole object to serve. But this was never made a formal or open cliarge against me, nor did it constitute any of the ostensible grounds on which I was so unjustly removed from office. You will, therefore, the more readily conceive my surprise at the new charge brought 15 against me in l.ord Syclrnhmri's d.-spnld,, wl.jrli is :,n i„l