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The following diagrams illustrate the method: 32X L'oxomplaire film* fut reproduit orice A la g4n«rosit« da: » - •• La biblk>th«que dM Archival .^'^ nationaiat du Canada '^ ilI?.'!i;!?Al'*''"'** '•" *** '•P'oduites avac la dmlVlZtH'' .? **'"»**• *•"" **• •• condition at da la nettett do I'ojiempleiro film*, et en SimlSr "^ *** conditions du contrat da illl«r? SS *!i"'"*"« **•"» ■■ couyertura .n 2r U »!!Luf ^rf* ••"* ""^ •" commencant parle premier plot et en terminent soit par la demlAra pege qui comporte une empreinta piai. aeion le cas. Toua las autres exemolaires originauK aont fUm*. en commen9entX;r aSUr^ f*** *•"' comporte une empreinte i ZS!?:L:; -IM-tratlon et en terminent par la dernlAro pege qui comporte une telle empreinte. ^ On daa aymboloa auhrants apparattra sur la demiAre imege do cheque microfiche, seion le cos: le symbole — ^ signifii "A SUIVRE" le symboioVslgnifie'FiN". •"'^"t • •• fiimte A dos taux do rAductioh dif f Arents. Lorsque le document est trop grsnd pour Aire foproduit en un soul clichA. ii est filmA A pqrtir !rl*K"^*"**l**" •■"*=**•• ''^ •■"Che A droits, at do haut en bas. en prenent le nombre d Imeges nAcessaire. Los diegrammes suivants iiiustrent ia mAthode. —v-m. { ^■Jsia^>V?2 h^i.^:^k^^M .*'i,U|^4.%^-i.'^- VjrSiij' - _ .J.^ 1 ' • ■ ♦ * ■ pp ' V fl • • * / ■ % , ' ' 1-3 • ■* , - \ ' J f- *' . ■ 1 V • « 1 . .1 / 1 ■ 1 9 .t 1- ■ ■■ ■ \ \ \ /-> I .\- / % • f t 1 ■* , * ' A STATEiHENT OP FACTS RKLATIVI TO THE DISMISSAL O V J A M\K S S. H O W A R D, E s Q. LATE POSTMAnER OF THE CITY OF TORONTO, U. C. *■ He hoped honorable Members would regulate their conduct by Ike rule* of Brituh jtulice. Had (bey ever known an insunce of a Government doing away witli (he appoinlment of an Offlcer who did no wrong, in order to give it to ( another 1"—£itr«c( from Mr. J]aor»e$Otncral Hagerman'M SpU€h on the Regit- trt BiU, Monk 2nd, 1830. » , ■''51! TORONTO: ■ ---"^ J. K. LAWEEMCE, PRINTER, GUARDIAN OrFICB. . • 1839. t ^ ,|j ■ \ r^ i-*. i. .. •. :« •• #" ?jiiov'a t: r \: > r-^ A STATEMENT OF FACTS, &c. To THE Members of the Legislature, and the Inhabitants ofxFpper Canada. entlemen . In Sir George Arthur's Proclamation on the destruc- tion of the "Sir Robert Peel" steamboat, His Excellency re- mark^ that " It heed not be said to men ^vho understand the character and institutions of England, that injury offered td one British subject is felt by all— and that the mutual ties of duly an^ affection which bind a free and loyal people and their Sovereigfi together, give the strength of the whole Empire to an injured individual" It is upon this principle that I bring an individual case under your consideration ; and it is upon the reality\and strength of this principle that I crave and hope for your faVourable attention to the following statements and documents :\— Many of j^ou are awnre that, at the time of the insurrection in Dec. 1837^ I was suddenly removed from the office of Post- master in thi^ city. From that time I have quietly allowed my reputation lo remain in suspense, having an unwillingness to disparage oV pain the Government by an exposure of the facts of the case. I have also been assiduously seeking ao investigation of\those facts, as a certain means of securing reparation for lh«^ wrongs I have received; and, having no doubt but that sudi an investigation would be granted me, 1 have awaited it witl^^all possible foibearance as well as sought it with all necessary activity. At length, however, the fact has burst upon me, that I am not to be reinstated in office nor to have an opportunity of clearing my character. To the loss and inconvenience infltcted on me I am obliged to submit, but in the destruction oi^ my character I cannot passivel y ac- quiesce. I thereforo hie permission to lay before you the ?*^ transjictiou by wlucl. I havo-boeu made a victim. In so doiair I a«^not wuhout hope that I may possibly .,.ro,v 'Js^^l clu^ by which some of the causes of our public di,or,l.r- b^detected. . t. hall therefore herewith Sm^t^^^dr njenta bearmg upon the matter.-and merely add o lueh "r Q^mment as .s requisite to show the circumstances ,7which ^ey relate and the objects for which they were drawn up / It .3 important to a full view of the case that you should /know. that, m the yearl820. I was brought into p1 Office nonourabJe Will am Allan, a member of His Excellency's Execufve CouncU. I was his only assistant in the eve J office- of Co lector of Customs. Inspector of LicencesarJ Treasurer of the District. A. his Deputy in these capacNes I held^gular commissions; and have conclusive prooJs th« mv and the public. Upon Mr. Allan's resicnin.^ the offiJZT , master ia the year 1823 I wasiofferedlSr^i^^f '':'^''- Thus I continued in the service of the Crown lill th^ i of the year 1837. I .pent eighteen TearsTVe Po'^^^^^^^^^ department. Those years were the prLe of my lif!^:^^^^^^^ I became unused tp private business, and unfitted for k r tented and anamhitious, I folt settled in m„ « , ^°°' the understood good faith of the Brt ,h r ' ' ""''^'"^ "P°" and Provincial,^ felt ItiUei to '^^^^^ ''"P""'^' w.ll.e.rned sitilation Ufong a i eErrt"'""!: °' ""' "g^ons. With this exprcL-: „' ll^^^ ^r "l^rt" of «y I,roperty .a premises built expressly for the'potoE i^^ *^ • h\ so doing iw into sight a disorders may 1 all the docu- Id so much of nces to which drawn up. at you should ito Post- Office 'onto, now the Excellency's n the several ^licences, and ie capacities I •roofs that my Government, office of Post, on, and from spended con. iher from tho srnrnent. fn to say that in unsolicited, t-Office Sur. ill (he close > Post-Office if« ; in them or it. Con- elying upon ul, Imperial ment of my irged its ob- [reater part Post.Officd Post-Office fray senior ~"^ Clerk) were fluspccted/ of being radicals, and advised me to address himself or the (iovernor's Secretary on the subject, without bringing his name into qucstioo. Conscious that I was' beyond- the reach of any sincere suspicion of the kind, I at once; resolved to grapple with what might be intended calum-- ny, and hastily wrote the following note : Posl Ojjice, Toronto, Oih Dec. 1837. SiH,— I beg to i.vuil myself of the first leisure moment, to inform you that at or about 9 o'clock this morning, for the first time, I learned that there were suspicions entertained, that I was eithw implicated in the calamitous and fearful events winch have beh.llen our country and city wiihiq the past few clays, or that my opmions were ol .such a naiure a's to warrant such a suspicion. Tl.u ol.jec. ihorefore of il.js communication, written as yo|, may suppose under the most painful feelings, is to solicit through you, as my present superior officer, such an investigation as His E;ccellency the Lieutenant Governor mav deem proper, so as at once to afiord me relief from the painful state of feeling which the existence and currency of such a supposition has crea'ted. I have the honor to 1)6, Sir, &c. &c. &c. (Signed-) J. s. HOWjiRD. CUARLES Bi:iu:ZY, Esq. ^• Post Office Surveyor. This note was enclosed by Mr. Berczy to Mr. Joseph, and an acknowledgment of it received by the former gentleman, wi4 read to me an extract from tliat acknowledgment, but wou'ld nof allow me a copy of it, though applied to for that purpose no less than five times. On the day after tfjis incident, Mr. Berczy came to me, put his hand on my shoulder, and said that the Attorney General desired him to tell me that there was nothing iagainst me, but I had associated too much with those people. I continued to ask Mr. Berczy what was to be done in my else. At length he became heated at my impatience to obtain invea* ligation, and apparently feeling himself responsible for what had arisen, burst forth into violent accusations. For instance he charged. me with entertaining opinions favourable to an ^ectiye Legisl ative Counc il^said th a t my ^or ^ b e twe e n W and 11 years of age) read Mackenzie's and O'Grady's papers N. jl /' ralhe l.an others-ascnbed ,o ,„« c«. opi.uo,. ,i.al ,|.o Lieu- .h„ ^,f«"."^«/ ^""'^i' ^«me m and expressed his regret „"?!!f.f ""''"'"'''' '° '"'^ '""^ ^^-^^ ^^i'^. "nd '"■» i'av. mg told the Lieutenant Governor that Her Majesty had not a to th.8 Councilor, sa.d tl.at his report of me had represented me a, a Reformer, hut a most efficient public officer. Suspi. C.OUS enough all ihia was at the time, but combined with what has since come to light is pcrrecllv clear. Upon arriving at the otiice on the following morning. Mr. Bcrfczy informed me with great sorrow that f was to be removjed from my situation, and shbrtly afterwards I received the fo|. lowing n«lto : *> .V - Government House, Dec. 13, 1837. SIR,— 1 have It in command to inform you, that, His Excel lencythe Lieutenant Cvernor J.a» thought ^roptt^ remove you Jrom the Post Office at this place. Mr. Befczy has bein directed to take charge of rhe oflke, for the presem! I have the honor to be. Sir, &c. &e. &c, I a II r. (^'2"C'') * J. JOSEPH J. S. Howard, Esq. "or.i n. I said to Mr. Berczy, "Sir, I am convinced this is a plot to deprive me of mj- office, and one of long standing, irrespec t.ve of the events of the last ^e^v days." He assured me of Am innocence. . Thus removed by the Lieutenant Governor without an open Charge agailtist me, and without an investigation, notwithstand. mg my request for it, I had only to appeal to my superior in • the department, Mr. Slayner, Deputy Postmaster General ' He wrote me that he had i.eard nothing from the Lieutenant liove^nor, and felt it his duty immediately to address His Ex. cellency for information. _ I also petitioned Sir Francis Head before his retirement from the Government, to leave my character in such a position that hi» wiccessor might be able to reach the merits of my case my petition is here s ubjoine d ; V y 93ured me of To ilis Excellency S.r Francis I{„„d Head, Bart. Lieutenant Governor of Upper^annd,., &c. &c. 6u:. The Petitioi. of Jamks Scott Howahu, humbly shewelh : That your petitioner was informed'Ly the PoBNoffice* Sur- Upper Canada, on tiie morning of the 9lh of De'cera- that hn vnnr r\nttlir\nn^ ...„» ii . < /. . veyor of ber ifiKif 'iV7\"" ' ""V"' '"""""g o' ">e win oi Liecem. r«Ai. il> u r ■'"'"■ P'^'iKoner was " suspected of beiiiir a prompted 'by ins own desire to court enquiry, as well as the suggeeuonof him .he Surveyor, he addreled^al gentleman That your Excellency has thruij.!,t fn to remove Vonr bCrdate7.e?3th"f d"^^*^' f '"? ^'""' ^^ "^"^-0^; oearing date the 13th of December last, without nnv charao ofaL'J^':?^"^""' '''" P^'"-""'hathaisa;Loror 01 atfofdmg h,m an opportunity of vi.idicaling himself. n.,«n!.« ^r"*" P^"''«"" beg8 leave to represent, -t^ in conse- quence of such removal under existing circumsnnces the S^ racier of your petitioner, hitherto without a^ttn .^Vuftrin; wi^^S^r:c^:;'onr " ---' ^-- -'-- vour F/.«ir P«''''°"«'- having been given to uaderstand that pleased to take such steps as n.ay'to your ExcXLv se^ of u K::c;v^:^sr tr^-:;.sr;r*^ "^^-' And your petitioner as in duly bound will ever pray Toronco, I. Fe^Jy^fs^^ ' '■ «' «^WARD. Sir Francis in reply referred me to my official auuerior and upon my receiving what Mr. Stayner called "^^ "he substance" of His Excellency's chargi, and my then petitionrng for the evidence upon which Vose charZ wtre me that Mr. ,Stayner was my official superior, to whom h^ to make on the subject of mu remm,al. At l«n,u. ajw Z! TOff Sent coniPfi f^r nti n:::^x^: . Z^. \ •"•'»«». aiior huiu~ ( ^lent copies or alin^unS^TUr^^ f1 :i " f'L I "^ '•"d,a«ountcd for In. proceedings. That «op3^ I now give : , , "^ Gotcr«m.nt //o«;.. Toronto, Jan. 22, 1888. aiB, — I am commandod bv Hia p]\ri>u^nnxr .i,« t • . and Mr. Berczy by which you will perceive thS Mr h3 Sll '"fr"''^ and cordfally exert hin?sl'i„ ev'^^wa^'^J JrHhL'"! ^T''''''^'^^»'e"«9f«''o«ii8affected.'Tr.Hoi! ard has long been supposed to have a bias in fawur nf ?J1 pol.t.ca opinions of the republican faction i hi^ pr^vLe and he CQxta.nly has never shewn a disposition to oppose JhemJn any public occasion. A3 a proof ihnrhe was cSnfidedT bv the pnncpol leaders af .ho 'revolutionary prmrietters "^^^^^ directed to him under a blank cover, to'be cldi^eVed o peJ™ ci Ta 7 '*'°"S'^ '"^P''^'^^ "'■'-'"«-. - tohaTE tX ?. ^"' cxammation during the rebellion ; and one of heWe letters, on being opened, was found to contain h"ffhly ouXTk^f.r' •^«'^^°"^l''« "^"^'-- On the occasion of the outbreak of ho recent insurrettion, when told by his suoerior officer that he shoMld take arms m common whhtLjXs and othpr law oniCers and public funci^aries, in defen^of the province and during the threntrned attack on th,^ city he declined, a ll,^g tlhu ho was a man of pcrace. h /urt'her rofii „,!!?'" '^'^l'^'^""^"'' '" '^" "■>' various ran^ificrftions H jw , nppo.nl mcnls wore at the command of Mr Howard) belonged to Jhc revolutionary partv. It may be 'per' fcetly true (and His Excellency cannot .sscrt the contrary lij?. K°''"'^ " ""' *'1T'^''* ^'^'"y^' ^""' but the circum. stances above mentioned have -produced in the mind of the l^ieutenant Governor the conviction, that ii would not be right o suffer the secret correspondence of traitors to pass through frl«„!fi K- / person who was open to the suspicion of a fnondly bias towards them or ar,,^ of their adherents, and it appeared to His Excellency highly objectionable that the Post ,"°^°tJhAsoat Jf govcrnmcii^^hould be i« the hands of an — V '" (^ / letter in Which 5eding8. Thai Tan. 22, 1838. the Lieutenant ications, which Mr. fjowjird It Mr. Howard 1 city, and Mr. ;e of that de. he situation of ince is endan. ' course to be ut by one who eve^ry way to \. Mr. How* favour of the province, and 'pose them on :onfided in by , letters were ed to persons to have been ; and one of ontain Kighly :asion of the ' his superior ih the judges in defence of the* city, he • It further al connected ran^ificdtions land of Mr. may be 'per- le contrary.) the circum. mind of the not be right )ass through jpicion of a 3n(s, and it iiat the Post hands of an= Individual in whom the most impiipif confidence could hot be placed by the'Lieutenaiiit Governor. It was for the;ie reasoai / S!!* ^* Excellency considered it his duty to. suspend Mr. I Howard from so responsible and confidential an office, and to '^•*'« '!*'-'?f«=*y 'V''*' ch.arge &c. &c.." olher means to be BuJaL^Ah' """ T "^^ ^^^ '"'^' o' «"»y not hold, that I never lf„vfi ''.^ >'*'"'"«*'"^ '° Pro^e that I do My privkte associate/ mv officS ""^ ''''"'^'"''"' ^"•"'^P'^- examined to ascerSf7hav« i^ acquaintances, may Jl b. favorable to such ^hncints K^h ' 'Ti^^ tending a meeting or a Cn^' • ^^"^ ' ^^ ^°»'"S' •' •«• fributifn. aa7cU° t?n nf/tolLT'rh:^ * ""l in politics at all I confess ZLt^'u- }. ' '"*''® not acted poimaeters are eq"re3 ""^""'do" l^T/.' ' ''"''^'^ "!'«"''•' re«roh.tioo«ry party, letters were riTrlnf 5 u?"* '''"^«" ^^ '^e cover to be delive^d to persons wtoTet «" ';™ "l"'" * '"«•"' oftreason,a8to have been comrni«rHf """-S'^ '"■?««•««> the rebellion ; and one of theseTe el ?'""'"«"°» during found to contain highly seditious if not 1 '"'I!? °P*""'''' "'4 understand this pSsage. Z Lord ?n r"°"*'''*' "»«"*'•" I to me by Messrs' Johf and'i^oLph Lest'e of'l7 'T" "°^ provmce, for their brothers Messrs Ja^!! fii^n"*" '""•!• of Toronto. If I was in "is ca^'.^n^fi t ^^ ^'""*™ ^"J'* of the revolutionary parti.V I did nn^^I "^ '" i^ "'^ '«««*«« for the two letters were soon.-n ""'/^^^^^e the confidence. Surveyor by mysdr BeSis Tv? ^ 5"'" 'r [''« ^'""•^^^ Mr. John Lesslie. at the time LS^ t ' ""^ .°^ "'^^ *'» f™°» the Postmaster of DundL^thrn^» "'^'r"'' ■\^"* P«cediog a mere youth. The "etLriiw ? ^^ ""^ ^""" ^°^P^ ^^'wlie, nottreaionablemauer " was ?±^,'°'''"'" " ''^S'"^ •«*'"'«"• if who notwithstanding he dete^^n^rfreT*; "*"'"* P^"'"*' ha. not up to.thi. hour beeS ar ZeJ or L- *'°T''°'"'«'«^*' subject by the authorities ? h!! 1 u ®" 'P°''®^ •<» <»" »«>« uee of yoLr Lordshro tSo*h«L ''^ 'j""'""*'' ^""'"<' fi>rthe nature of the letfer^ which are Cr' ' *"«" P'"*'"'* »» '«»•>« M^MM. James and wTiS lllZlr^'''' ^*"'- ^ * »' * Th«t for examination, is I be S^e auJ« . T °'-''*'' committed genUemen who olaced t h« ™ . *'"! ' •*"' 'hese are not (fte fnd I .rjormefti ttyTeie'commiu'J''"^ '" •">-'^' posiUon agaiast them, withltTma^Si^^-'rJl!!!^ ^^.^^ »edisihi«: " Mf, as in favor of the this province, and J oppose ihein oh f -by o»th, or Jirty > prove that I "'-hood. My Lord, I have under, stood that Her Majesty's Ministers had proposed a provincial act exempting all Postmasters from militia duty. But besides this, I di^not strictly decline bearing arms— my superior never aoing more than incidentally alluding to it in a loose and our. ■pry conversation. I beg also to submit, that during the whole nme of the rebellion, I was obliged to be in continuous Posf umce duty, which was greatly increased beyond what is ordi- nary. I also vigilantly and effectually preserved all the pro. perty carrying it from time to time to the Upper Canada Bank rlr' **' *•"» •*«.«' fortified place ^and. The only remaining imputation lijB me is this .- " It further *PP®"" **" investigation, that almost every individual connected jmh the Post-office Department, in all its various ramifications, M J ?1 '. appointments were at the command of Mr. uoward,) belonged to the revolutionary party. Allow me, my 1-ord, (a assert that I never made any appointment with refe. tence to political opinions. The only person whom I suppose 10 bold opinions offijnsjve to His Excellency was letter-carrier to ray predecessor, the Hon. W. Allan, who is now one of the '?'P?«Jt"^e Council. He has for four years been unconnected with the Department. Of the persons appointed by myself, not one to my knowledge has been arrested or suspected. My pnncipai clerk . Mgtioa till I d eclined i t when proffered hy tK« Pftp»t y P ngt. ' tmKU General. I believe that I have given entire satisfiMlian 12 «.{.?^ °*®''' '"P*'*ora and the public. Of this, when th« HivinrSJ? nf ^^"' cnmination, I am diaqualified from ew serving Her Majesty, or even any one of her loval »ubi««r r have no private profession, I am 89 vears nf -„7 "."PJ*?^- am ruined unless s'hieided b; th^ju'L^e^o Vou liltp '"if Urn a victim of misinformation or suspicion Srav mJ'l^J I have the lienor to remain, v,. My Lord, Your Lordship's raosi obedient humble wrvaah T. .h. Ri|h. H.„. .^Tilt\, UrcnnL': """'*'"'- •rostraaster.General, London. • Gore District, (A.) to wit. Personally appeared before me, Gefferv Office of Toronto, from 12th ofJuIyri830 to lefh D.i ^^f* Sworn before me at G^Jh".^^ '^"^ «<''«^A«»- ' (Signed) Geffehv Lvnch, J. P. ^'"L?!f "f '; ^°"'">' °^^ Personally appeared befei* m«' MaSJil'V' ? ^" ^ . .^•'°'"' WilliamsoSr Esq oMof «!: ? .r^/V."*""®' "'^ '^^ Peace for the raid lii^'L S «Ae Ptort Office at Toronto in the capacity^ raniSrJ^^ ^^^I^nw"T°''°^ •'"'"«« ®««" Howard, PoSmSw 2l2r^ I-i* ^^''^ '^^'^ performed with the itricteMimr 13 individuoli frequenting it, and that to the knowledge of your depeaent the «iid J. 8. Howard never interfered in the party dispute* br politics which have agitated the country, or even voted at elections. (Signed) Sworn bfefore me at Stony Creek, (Signed) Joim Wiliiams, J. P. JOHN BALLARD. Personally appeared before me, one of Her Boin^ District, County of i Simcoe. to wit : (, , „_ „. „^. Majesty s Justices of the Peace for the said district, Benjamin Mosee Hayter, and deposelh, that he served four years and ten jfnonths in the Toronto City Post Office, in the capacity of junior assistant ; that during that period, and undpj the direction of James Scott Howard, postmaster, tlie duties of that office were conducted with the most strict impartiality, and withoiit the slightest reference to the opinions or views of any ihdividofd freoiranting it ; that to the knowledge of your deponent, tbje eaid J. S. Howard never interfered in party disputes or politics or voted at «{ections ; that during the recent rebellion, and up to the time of your deponent's leaving the office on the morn- wg of the 8th of December (which was in consequence of ill- health,) the said J. S. Howard and the senior clerk, J.|BaIIard» and vour depoiient, were severally and collectively engaged in the duties of the office, with but slight intervals, and that they took all possible care of the property of the office and the £"""*'»'>>' depositing it on each emergency in the Bank of Upper Canada, thereby increasing the duties of the office and rabjecting themselves to much inconvenience; that to the knowMg« of your deponent, the said J. S. Howard had no connection with the "political faction who were in open rabel. lion against the government," nor did he by virtue of his office or ptherwise "subserve or aid them in the execution of their treasonable plans ;" and finally, that he is not aware that any individaal eonnected with the office belonged to the revolution, ary party. *■■ ^^e original of the above affidavit was transmitted to Inaisfl (bi exetotioa, and was returned to me endorsed by the lady of Capt. 0*Brien, to the effect that she had seen the dying ^oiing "'■**''''' ^°'^' before hi s death—that he had egp reaaed gmgt - iunMy Sx the return of Mr, P*B. in ordes (bat ho i^t ewwv (Yit^id. \to ii8 contents, ft was returnpil •« «.. . . IDaupS:* t. ^'^"'»M March 5, isaet, to Lear to its cont^nrs wTch'^hr 'PJ^^*' "^'^ C.1 O'Brien was o 'roro^tt and d^ n ^'". ^""'^ ''"' »•"" poinied time. I mi*.h. h«v„ , "°' '"^*"" «» »•»« ap- S^ 1 tKh.k he' wTf ' o 'nY/h '1 Td' t " "-g'^r •'•^""^ O'Brien has written wl.irh fr^J^ j • '^"'^ ""^ '^•'a^ Mrs. as an Vth. '^'°" "^ ''^'"« y°""» »■" be as good (Signed) MOSES HAYTER. (D.) n o ^ . Toronto, March 9th, 1838. «.cming«fil|e,i lo reiulla in anv w.v S^.. , '" ated— I may say awkwardly so I wi.k .„ • P^'^^'l"")^ ■»"- my present^supe'rior. and a^Is^oto l^ Z^^Z'^^S^i^ I remain, &c. «kc. dec. (Signed) J. RAIXARD. (E.) ^^^'^ifiSfi^'^Jp ^!,'?**°'''ly ''PP^"*'*^ before me, Alexander _1o wit : C Proudfoot, Esq. one of Her Maieslv^ JuISfl of the Peace for the said District. HerberVSao of SS Jg^AJJgJgf Nove rn he r, 1 8 af7 ; that f r om tfa^yww Hyig-S? - f: \ 13 6th of December, the date of his leaving the office, ^nd which he did of hia own accord, he saw nothing on the part of James Scoll Howard, postmaster, indicating a subserviency toward* I the ", political faction who were in open rebellion against the igoveruraent ;" nor did he, to the knowledge of yopr deponent by virtue of his office or otherwise, " aid them in the execution of their treasonable plans;" further, that by th;4 said J. S. Howard, and all connected with the office, every pains were taken for the security of the money and property of the office ; ami that he is not uware of any person connected with the office " belongirtg to the revolutionary party." / , (Signed) HERBERT SULLIVAN. Sworn before me, (Signed) Alexandeu Phoudfoot, *J?. It may be well here, in confirmation of m^ views iliatinteHe. rence in politics was unadvisable in the ca^e of Postmasters, to submit the following extract from a letter of Mr. Stayner's, dated 23rd June. 1832 : «' I am pleased to hear/you say that you have nothing to do with party work. It is wise that you carefully adhere to this course. People in our department cannot too carefully abstain from identifying thetnselves with factions or parties of any kind. If we have opinions, we should, as far as possible, keep them to ourselves." It may be appropriate also to notice the circumstauco that Mr. Ballard, the only Clerk re- maining with me when Sir Francis Head made the statement " that almost every individuar connected with the Post-Office, &c. belonged to the revolutionary party," was continued in the' Post-Office, and has recently been promoted by the GouBrn. ment to the Commissariat Department. At the time of my writing to the Earl of Litchfield and Lord .G!enelg» I forwarded to Thomas Thornely, Esq., a member of the British House of Commons, a complete coTpy of every thing that had passed and requested him to communicate with the minister qf the Crown on the subject. After the subject had be«D eonsidered at the Colonial office. Mr. Thornely received a letter from Sir George Grfey, of Which the following is an extract : •« That on receipt of Mr. Howard's first representee tion, Lord Glcnelg immediately directed Sir Ge orge Arthur to enquirelfflO the case, anff to afibrd Mr. Howard an opporTunily !6 ■■ ' ■- Will be n.ppy h, f„™.ri ,„ himrfhe Mno .i °"°"' '"''°''« It 18, however, impossible for Her IVfaie«,fv'« r adopt any final decision on thecase u„ , H-^'"""'"'*^ shall have taken place » H« .1 I ^"^ ">ve.Ugatioo Gfenelir of which thrrni. ''''*'"^^ "^ '''"" ''^«'» J^-rd mH fiTrTK .i '^""wng '8 «|n extract : •• I have refer of .he >^iJ.a^z:'::y!::::TTr'' '«r 'v ~"^ SirCeorge r.h„ '. ?? '""r" ""P" <=»-*'•««» from held interviews and communiri,;;«„^ • u / T,' '*®"^' ""^d who Poatmarter General, ^dLo 5 rl„' T"^ "'^ Earl of Litchfield, by an extract of a et?er from S r «i^ °" 'tf ""»»".-a8 al«, had reason to expact evervT-? ? """^^^ Grey.-I find, «« J Ju.Uce tQ«ching*rartVaZc^.ionnZ """>•'««•''/*> •^«'«' "»• of my first representatior 3 hol« "e^T'^'a'ely oa rweipi forwarded to' His ExceSencTtithTv ew fo -"'f^' '^'^ *•«> Und that my subsequent reoS^ri*,;* u°'"*'""**» enquiry, d^^wnenta. forwarded to theirtern-^ fr— ' ' , 17 lion ia relation to the matter of which he may be poknutd or 5 «^ T *=''"?i«*«""y ^'i"' propriety convey. laS induwd to make th.a apphcation, in order to dbtain relief fr(3, the Su putations which my deeply injured character ia nowaulSoiM. ^ I have the honor to be, ' ^ — \ . -• Sir, 6ic. dec. dec. ^. „ ,. (Signed) J. J3. HOWAl ine Hon. John Macauiay, , Secretary. In reply, Mr. Macauiay invited me to meet His Ezce^eney which I did on July 20th, 1838, when he told me that L bad received a despatch upon my case-that the Governmaiit wei» determined to uphold the Lieutenant Governors in the^ upt*- that the strongest circumstance againat me was ray ^M tlkioff up arms. I explained to Sir George that the dut^» of tbe Post Office were, during the rebellion, of paramonnt inipor. tance, and that my utmost energies, both bodily and inen& were called for in their discharge. He informed oi« that the Council did not see fit to recommend my reappointment, thoo^ I might not be considered disqualified to hold some oth^r public situation ; that Sir Francis Head had left nothing on record against me, but that as to investigation the state of the eotmirp would not admU of it. Of course this did not convince me, for I had entertained an opinion that one thing most important in the then state of the country was a oravictiod that juatice might confidently be expected. Supposing that the Report of the Council had bem malle before the latter part of my case had been received by Hif Excellency from Lord Glenelg, I addressed the subjoined letter to Sir George's Secretary : " /\ Yonge Street, ^^thJul^ieaB, '^ Sm,— With reference to, my application to t|ie Lieutenant Governor, of the 16th instant, and the interview which Hi* Exoellency was pleased to honor me wi& ojl t^riday laat^ I have to request that you will be good enough to inform' lao whether the decision of the Council on the Case of my nnenl from office, as adverted to by His Ezcellancy, was trapMmitti^ to the Secretary of State for the Colonies prio r to thciaceipt oftny reprewniaiion of the l6ih of MaroB,;ahd ifao, w¥«^^ ■€ I:. ^ 18 that h?M i^r'S^T"'' ^""'u'*'^ 'nfonnation of' His Excellency, mat It le not merely my characliir which is suataininir iniurv by th.8 act. or the withdrawal of the income derived from m J rmlT/"'' ^' however grievousand painful these muTbo ,J a mmd^conscous of .(s integrity and innocence, I might 8t!|| W« r'K""5"l'*- ^^ "'Shteen years' service in the drpfr.men ! &riv^ ''"".'^ '"""•"' °"'" P"""'»' ««^d have sought foTmy family an asylum m some other iatid ; but to^ffect this even I am prevented by the circumstance of mv capital being Sd ??lieve ;" w ,1 t' I'un'l^ *"* °^'=«' .he'duties X'Srclfl faithfuHv I li H ! . "'"''^ ^y ^""y P'^"^" ^'^'•^ performed laiturully, I laid out m gcounds ond buildings for its accommo dation two thousand and four hundred pounds, and now iTa,; either not sell or must do so at an immense sacrifice? lUl^^TfA^""^ now elapsed since my removal/rom office —lam yet held in gainful suspense. I th,>f■..fr^,Jv!!! a- Excellency will be floated .o 'clZ „e ,o S^ tnisK w" h copierflDf the report of the Council, and Lord GleTeKZ patches .n reference Id the case, so that I may in some measure know how to govern my future bourse. measure ; I have the h6nor to be, i ■ ^ &c. &c. &c. Tk. Ho.. J„a. mcXr'^ " •'• «: «0"'*«I>- • Thi. letter was mislaid, an^ I had to send ^ copy-,,i|| folwfn r '"'"T^' ""^ Iirorwarded a menu,rial to Ihe folowmg effect, applying for a then vacant situation in lieu of that of which I had been deprived : To Hia Excellency Major General Sir George Arthur KCH Lieutenant Governor of Upper Canadaf Itrc?!;^'^* The memorial of James Scott Howard, humbly representeth • h J&:i^'n r rtt'e" h".^^" ^"«^^«^ '° ^^^ --^' ^^ wrved unffihrHonorabt ^fc ^ZV' ''\''^ "^'^^ ho HoEe DK^nd JL^^PI^'i? r'P"*''*"' °^ ^•«*'"e« forth. -> ^^ "l.ggy jgdj- ^h aJm «rupBleu«.^g«rf^brthi^- ',~M' \ • / 19 \ . -' ' mtercn of the Department and the public; and to th« entJM •almfaction of hiB superior officer. « »a» onurt suILaX?-'* '"•""°"^'K»' •» 'Kyear 1829, shortly after *•. Burning the en ,re management of the office, purchased irround and erected a house tl.ere^in George Street, for an olce »t ^ an expense of eight hundred^ounds. ' That in the course of time\tho business of the office in- creased far beyond what could Iiave been contemplated, so ai to render it necessary to seek enlarged accommodation for th« t^iaYnZ"X ""i '^^ ''"'•"''• ^Vitlf.his view, and in faith of reiaimngthe office your memorialisf^urchased ground from the Upper Canada Bank, with the fullNrnderstanding that the '«;''i;°?fK «»"»''"«*>ment was to be kept |n the building to be erected thereon, as your Excellency may peWeive by reference to a copy of the cashier's letter which accompanies this. That your memorialist was encouroged in (he prosecution of the worn by the Dtepuly Postmaster General, your Excellency will observe by the following extract of a letter from that gentleman under date of the 23d April, 1833:-" I am pleaded to hew you are going to have another office, and hope you will make It a complete one, suited to the rising importance of your town • Mr. Macaulay has made an excellent office at Kingston, and you may obtain some useful hints from him. The Buffalo office appeared to me to be very well planned,— perhaps you might manage to run over and look at it." That his outlay in the latter instance amounted to sixteen hundred pounds, makine a total of two thousand four hiiudred pounds. That your memorialist, while in the sedulous and faithful discharge of bis duty, was most prematurely an(j[ suddiBnly removed from the direction of the Post Oflgce in this city, ofi the 13th of December last, by your Excellency's predec^Mor m the Government. That in consequence of this unexpected and final act toward* your memorialist, the deepest stain has been inflicted upon hie liilherto irreproachable character ; his family have been de- prived of their wonted support, and his prospects in life com. pletely blighted. •• That your memorialist has used every legitimate means io hit power to obtain justice, or an investigation into the an. founded sospicions or presumptions attempted to be raised against him, but hitherto without effisct. That while the ag- Sfravations of the case of your memorialist derive additional oroe and effect from the fact of his capital being thoe locked ]ip, be begs respectfully to represent JhatJiia lour eervit vttbneing the prime of bis life, has in a degree anfitted Mm m mA -SO & other puwuitB, were it even at his immediate di«poMl. IJat nearly a year has now elapsed, since his removal from •ffice—that his family are in suffering circumsJances, and tberefore prays that a British subject in a British territory may no longer be allowed thus innocently to suffer. That in view of the foregoing^ eircumstnnces, and that as your meraorialist has been given to understand that he was not considered as djsqualified to eene Her MajeWy in some other capacity,, he, humbly prays thnt as the offibe of Inspector Weneral is now become vacant, it may. be either granted to Mm, or some equivalent made for the losses which he has ■astained ; and your memorialist as in duty Hound wilf ever pray. (Signed) J. S. HOWARD. • Toronto, 10th Sept. 1838. Copy of Letter from the Qashier of the Bank of Upper Canada, «• referred to in the foregoing Memorial. Hf Vpper Canada, York. 27th March, 1838. Jamm S. Howard, Esq. Postmaster. SiK,~The President has submitted to the.Board the applica- !3;,f« .""fi?® *° '"u"' "'"I." *^*'^ °^ *•>« *«'h a"'' 22d instant, S I- a.Jf If P^T'^i^^^^ of a part of the Bank lot fronting on Ihike Street, to the extent of sixty feet, including the full depth, S« .-.T-- .'*ri^^ '° ^^y'^^'"' they have consented to sell Vou to sl W-ir i^t^^*' «r.M'"^'"^^'°'" ^^^ '^^^^^ of 'he lot n^xt Ldfii^n -1"?K^'""P''^" '• ^°' '^^ «•"" "'■^^^ hundred pounds, t?^lr„!.*i '''''* y°" P^y £125 down, and the remainder in three annual payments of £125 each, with interest. in^ Kcunty of a bond and mortgage will be required for these payments ,f you are to have I deed at once-but this teTn? ""^^ '''•'' '^' '■"" ""'^"^'-ding and perfect co" fidence of your erecting a reputable brick building, such as the President stated he had s^n a plan of at your house, aXhat that the Post Office establi^ment is to be kept in it.^T (^ y^ I am, Sir, &c. < ^' :?"';L»'-'^«'''P. ""'I 't «•«« with much sur. prise I learned by this document, ihat the Lieutenant Governor wnsidered it hs •• out of his power to encourage my 6x0/0"! Frtday, he 20.1, Ju/y last, did "oncurafcro those expectations" by plamly intimat • *fiigi»lbiy--Tb*l during ihe diaturfaance and (he exuilemeat • ^ tiroduood thqreby it was absolutely necessary for me to remain ; -at my port in order to Iteep open the communications with the rajfious parts of the country— that my ordinary duties were rendered much more arduous and perplexing from the confua- ' ed state into which the contents of the office were thrown ia their transfer to and from the Bank of Upper Canada, and that . . I vigilantly and carefully preserved all the property, so that out of the numerous letters and papers then in office it cannot be said that one was found missing. ,. ^ From the foregoing facts and documents yow Lordship can. not but observe ihe extreme inconsistency of 3ir Francis Head, as well as the manifest injustice of punishing me for not leav. ing a post to which I was bound by my oath pf office and by f . my bond to my Sovereign, to assume duties from which by sta. tute as well as the Militia General Order of Sir Francis Head already alluded to I was exempted, and to which fc had not been called by any authority. My Lord, when I reflect upon the unmerited treatment and injury inflicted upon me, I can hardly crodi't the fact thnt « British subject and aTniihful, servant of Her Majesty and th« public should, under British jurisdiction, be so dealt with • and while investigation is withheld, I can only conjecture myself to be the victim of some concealed individual who (possibly to obtain favour or office) has poisoned the ear of the Executive. But, my Lord,^ the case is now narrowed down to one point, and is fairly laid before you, I trust I may confidently hope that your Lordship will consider it due to justice and humanity to cause my inimediate restoration to office, and that I tnay be **> ^ remunerated for the loss I have sustained by a year's suspen* sion. I have the honour to be, &c. (Signed) J. s. HOWARD. The Right Hon. Lord Glenelg, Secretary of State. With this letter I sent the following certificates, completely—, at various parties consider — demolishing the last cqyer from '^ which my character was assailed : Copy. r Toronto, 25tA September, 1888. I do hereby certify that Jamos S. Howard, late Postmaster in this city, was a captmn in the first Regiment of E ast Yor k Militra, under ray command, in the early part of the year -.;<*?*-"4i j"<«r }8«7 ; tkftt I reeotimmWM biili to eooMOl to hi* beiag tnuw. (brrad to tb« Retired Battaiiod, bectuae kifldutieeof PimUnu. tor prereated bis atteading to tbe Militia dutiei, and alao W< «au«e I considered bia health too deKcato to enable him to «ii deq^ hardship or expcknire shoald be be ciilied oo to serve in the field ;^hat he consented to bo transferred to the said Re^ tired Bafllllion, and was transferred Accordingly by Militia General Order, dated the 24th of Aprif 1887, and aaother ot^ fioer was appointed to succeed him. I further certify that I have known Mr. Howard for upward* of eighteen years ; have transacted much business with him, and have had many opportunities of knowing him intimately. I have ever enteriained the most favourable opinion of his cha. racter-fn a religious and in every other point of view. That aato his loyalty to our Sovereign and country I neTer bad the slightest doubt, either before, or during, or nince the Rebellion, and that had" it so happened that an appeal was made to me on this point, I Would not have hesitated for one moment to pledge myself to the greatest possible extent for his perfect faith and truth m tier Majesty's Service. (Signed) JAMES PITZGfBBON, late Colonel Commanding 1st Reg't East York Militia. Copy. .,4 Tdr6ntd,Q7 Sfptembett&iSk I certify that I hate kno#n Mr. James S. Howard lat^ Poti Master of this city for maQy years, and that he is so short aieM. •d as to be coostantly obliged to wear concave glasses. (Signed) • C. WIDMER, Surgeon. These papers were sent to the Government House, with a request that they might be forwarded to Lord Glenefg. Upon seeing them Sir George Arthur's Secretary wrote m the following note : Oovemfflsat House, Toronto, Oct. 1. 1889.^ .1. "l"'~^ received on Saturday, and laid this morning before tbe Lieutenant Governor, your letter of the Mth ultimo, to. gether With the packet which you request may be transmitte4 to the Secretary of Stale. Aa His Excellency is on the point of departure for hawtt gl li id i , v ^artplian e e »itfa yew < r fthw W>t iwcrtsirHy^ Br^ ^•fcrred for a few dl^t. i««oiwniy im >tJ-t^t/i V-' '"« 'Jif2i."Jit'\,liM 4;. SdHn?" !? ."^ '•"" f '»•• 33d uliimo^ th^t in i«iin,.tiagZ! g.ormform«uon one of the principal rea.o,^. which influeSced w.^ nS fn !IIZl'? '^**" ?«'"« y""! application for office, it wae not intended to «;o so far as to^decli^e that y6u were to be considered as for ever unworthV of Tbeinir restored to a Excellency SUM rema.na_ of opinion thatlyou cannot, with a due regard to the public interests, be reHiitated intheoffiee from which you were removed by Sir;^i;aoci8 Head. v«i2f ^''f'"®"""^ Governor perfectly ti^^ll recollects the con- versation to which you refer, and that on his saving that he was not of opinion that you ware excluded from holdinir any A- '^« ."; "*"' yo" 'eplied, if you were not qualified to hold m.»l£f "i '!^"'^ y°" '"•*• »»««" removed, you were die. qualified from holding any other. . ^^ I have the honor to be, Sir, &c. &c. 6ie. , „ „ (Signed) JOHN MACAULAY. J. o. Howard, Esq. „ '- Youge Str&tffL Here it will be observed is a contradiction to.a statement in Ih^ letter from the same party of date 22d September 1838 That statement ia as follows :-" With regard to your petition for appointment to an office of some importance which is about to become vacant, or to receive some other equivalent for the losses you have sustained by reason of your removal from the situation of Sub. Postmaster of this city, His Excellency is ^esirous you should fully understand the grounds oq which he feels himself constrained to decline y6ur application. What- ever may be your merits in many other respecis-and His Excellency is far from entertaining an unfavourable view of them-.t IS clear that by your conduct, as a person holding an office of high trust, at a moment the most critical, when every loyal Mject was bound by his allegiance to stand up openly and boldly in defence of the rights of the Crown, then actually amiled by an insurgent force at the very doors of the citizens ofToronto. and when you declined appearing in arms wkh the loyal portion of the comij^nity, you forfeited the confidence of Jftreftyerniiient and thanuUie. tihl pntTtTirt of ih« pd#ifW^ y-^t.,- ^i^-'J^?-^^- ■ .;'.4,r-n-yv ?| iiytimating for lioh iofluenced >n for oflice, it It y6a were to restored to A t; though His :annot, with a d in the offiMse lead. Ilects the con- aying that he n hnldinff any laiified to hold foa were die. CAULAY. ' H statement ia tember 1838. your petition hich is about 'alent for the tval from the !.xcellency ia on which he ion. What- sis — and His able view of n holding an when every I up openly hen actually the citisens ms wkb the >nfidenee of Wi^EMfitiatnay to anqnirage i ypat expeetationi of i^twyog to Her Majesty's service." But, in the letter of Octob|er lai, ^t it paaaid, " that, ia intimatiog for your infornaatioa one (t^ tt)e principal reasons wbioli influenced His Excellency in discouraging your application for oflice, it was not intended- to got so far as to declare that you were to be considered as for ever unworthy of being restored to a place of trust under Her Majesty's Government." This prevarication. fully shewed me that, let the argument have what aspect it might, His Excel, leney would by some means or other keep the course that he had. selected— ^ruin though it might be to an innocent and upright man. ' Of course I kiiow not what report was sent to the Seeretaiy of State by the Lieutenant Governor — what opinions or pre> tended facts and testimony ; but the result of the appeal to the Imperial Executive is given in the following note from Mr. Macaulay : . i . Qovemment Home, Toronto, 9th February, 1839, Sib,— I am directed by the Lt. Governor to inform you, with reference to your representation addressed to the Secretary of State for the Ouionies, [28th Sept. 1838,] which was transmit- ted by His E-ycellency to his Lordship on the 26th October last, that His Excellency has recently received a communiea> tion of his Lordship's decision on your case, to the effect that having fully considered your memorial in connection with the correspondence which has taken place between you and this office on the subject, his Lordship sees no reason to interfere with the course which the Lieutenant Governor thought it right to adopt on the occasion, and that taking into view the facts afe they appear, his Lordship cannot recommend to the Postmas- ter General your being replaced in the situation lately held bv you. I bavo the honour to be, ^f ,i Sir, &c. &c. drc. '"'^^ ^ (Signed) . JOHN MACAULAY. Jaius Si Howard, Esq. / ^ • Yonge Street Road. This p«per was sent ihe unsealed through the hands of Mr. Beresy, who was waiting to bo confirmed in the mMsession of iijr oiS^e^ T bad npw no other means of seekiSf justfeo to / . " ■ '^ k W^H • " h fS- Ml- M^iJ^^^ ** **** BeWBf toy Tilrtii 6r hi* 66»t§& tt f ■•Wrt iiWWlrlftga of rtywlf lorf fiiiteHy. flS^l to ofcwm ertqurry. and the #ritfert promfao of tho SSfv «f !? "1?"''^ "'^""'•* **^ "'*^«' » »'» peremptorily i-i Sirs WK-ST*"*^'** "'*''»'** "^f »^« Po«.Officrbari! mfl.ctod upon me. thbu^h a loyal subject and a faithfi ^r.^ of my .ov.,e.go. They arolhe result either of private slanJer towhjchS.rFr.nci, Bond Head and Sir George Arthu hte Jtoop^ toheten, or of «,me UBderh«.d .ohenie which ha. a^ flWMHilrtioii #oaM not have been Withheld, despite th< ^Wt^ ofi««J^. cuatom. public opinion, and the direction. ofT ^..tf ^t' jr; ''"' '"?""'"««*^ «if '^ that ^Z^ irriTenl maybe foalrango pface. and unjnown p.^r.uii»te pro^rablread for my family, insteadpf that which anX^^ thJt^rffT!! "-".*•?*"*"'*'' ***■ J"«'«« ^l*** « «4o«ed in -^l***^ I ^""^ •'''•y- to be a friend. '^^ \ ■■*^*i«l ^! irir^" V...* I*»> . 4 ■> ^v^.U Wl' I ^ !• tilMiii^ «fe f ' ttatii%' tlM m; v! lieve biilft Ui** ' 4. fifteeiT nmfjtlM^ promise of th* IdtMo ofCdw. Mmptorily iitd inr deprived ef ih Ctowit, and >f my pTiYtitti itt.Office bun. le injuries ere lithful cervatit private slander ) Arthur have i^bich has Ml »pose that tlM >e ufitrue, d^r iM thd 0l«iiifi ictions of ibf i I aiDt 1 aiB ■ iiljured fli# lad prttbab^ tat ■utbdritjr. pulrsuitfeb aoQUer rata r rather than is exposed ia othmr M -,.» 'Sfc'-' s / ^ ^3Ai*^M«i,iV- y^ ..-/9