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Les disgrammes suivants illustrent le mMhode. 1 2 3 1 2 3 4 5 6 '» tKM/ ' <«^' W I 3^( % ^■^ I i^ , - \ MEMORIAL AND CASE OF DAVID CHISHOLME. 18 3 9, ■•a^ji^ 'tir-^ To HIS EXCELLENCY LIEUTENANT GENERAL SIR JOHN COLBORNE, KNIOHT GRAND CROSS OF THE MILITARY ORDER OP THE BATH ; AND OF THE ROYAI, HANOVERIAN ORDER ; QOVERNOR GENERAL OP ALL HER MAJESTY'S PROVINCES ON THE CONTINENT OF NORTH AMERICA, AND OP THE ISLANDS OP PRINCE EDWARD AND NEWFOUNDLAND ; AND CAPTAIN GENERAL AND GOVERNOR IN CHIEF OF LOWER CANADA, UPPER CANADA, &C. &c. &c. THE HUMBLE MEMORIAL OP DAVID CHISHOLME, OP THE CITY OP MONTREAL, Sheweth : — That) in the year, 1826, your Memorialist was appointed Clerk of the Peace in and for the District of Three Rivers, by the late Earl of Dalhousie, then Govemor-in-Chief of this Province. That, in 1834, he was also appointed to the situation of Coroner of the same District, by my Lord Aylmer, then Govemor-in-Chief ; and that, from 1829, to the month of November, 1835, your Memorialist acted as Private Agent, at Three Rivers, for the Secretary of the Province, in issuing Shop and Tavern Licenses ; but at which latter period he re- signed his said agency, having, at the same time, been furnished by the said Secretary with testimonials of good conduct, as such Agent. That, in the month of October, 1836, the £arl of Gosford, then Governor-in-Chief, was pleased to dismiss your Memorialist from the said offices of Clerk of the Peace and Coroner. That such dismissal was not the consequence of any misconduct alleged to have been IV. roinmiited by your Mcmorialiat, in the execution of the duties of any one of those oflices, to which alone the superintending civil authority of the (rovcrnoi-in-Chief extended ; but merely in his capacity of Private Agent aforesaid, and as the result of a conspiracy formed against the political principles and writings of your Memorialist^ who is well known to have been always a good and loyal subject, and to have maintained the cause of good government and the laws. That, by i-eference to the various documents which your Memo- rialist furnished to the Executive Government of the Province, during the Administration of the Earl of Gosford, it will be found, that your Memorialist, has completely and irrefragably proved his innocence of the charges alleged against him. But, even had the case been other- wise, he is at a loss to know by what authority, legal or constitution- al, any improper conduct on his part, as a private individual, could have been made the ground of his removal from the public offices which he held, by virtue of services rendered to the Crown, and ap- proved of and commended by some of its most eminent servants. Nevertheless, in his private capacity aforesaid, your Memorialist never shrunk from a fair and impartial trial. That the injury which, in consequence of such illegal and un- constitutional proceedings, your Memorialist has sustained in his character, reputation, and property, is great and ruinous. The emo- tions of his mind, upon the bare reflection of such an injury, will aot admit of his dwelling upon it here. But he cannot refrain from stat- iwy to your Excellency, that, contrary to every principle of right and justice, he has been proscribed and oppressed, without trial ; that, not only as a Public Officer, having a right to the most favourable con- struction upon his conduct, but as a British subject, he was entitled to a fair and impartial trial before condemnation and punishment ; and that, having been condemned and punished, in a manner at variance with the dictates of law, and the principles of the Bri- tish Constitution, he deems himself to be fully and fairiy entitled, V. iiol only to a reHtitution^to his forinoi' ofTicoM, or an equivalent, Ijui to a roin|)onstttion for the loss wliicli he has MUKtalnod, in conMCqueiice ofliavinff l)Pon so suddonly and unjustly deprived of the means of supportms; himself and those dependinir upon his exertions and pros- pects, as a public and well behaved Officer of the Crown. That your Memorialist, therefore, sincerely and refipectfully prays, that your Excellency will be pleased to adopt the most effica- cir>us measures in yoin* power, as the Representative of a just, gra- cipointing him to another office or offices, of e(|ual etnolinuent and res|)e<-tability. And your Memorialist, as in duty bound, will ever pray. vjiiUfWWIMWl'V:'^-'' »■*' \i ■J 'Hi" mv CASE ov DAVID CHISHOLME, or THE CITV Oy MONTREAL ; LATE CLERK OF THE PEACE AND CORONER, OF THE DISTRICT OF THREE RIVERS. It is now about seventeen years since I landed on these shores from my native country, Scotland. During the first five of these I was employed in editing and writing difierent publications, the inva- riable object of which was to inculcate and maintain pure morality and sound constitutional principles of justice and freedom. I was educated with a view to the learned profession of the law, and prac- tised as a Solicitor and Notary Public in Scotland. I also held some legal official appointments in that country. But my emigration into this Province having been the result of a sudden and rather romantic incident, which it is unnecessary to dwell upon here ; and finding my profession of no avail to me in a Colony, whose law and language were foreign to those of the Parent State, I was led to the exercise of my humble talents, in the cnpacity of a literary and political writer, as the only ready means of earning a respectable livelihood. Little did I then think, that, in a British Colony, ruled and governed, as it ought to have been, by the fi?©, liberal, and just institutions of the I I" 1 Mother Country, the principles \v lich I avowed and the sentiments which I expressed in my writings, should have been made the ground- work of a factious and malicious persecution, which has terminated in an attempt to ruin my prospects and destroy my character. But so it was, as we shall find more fully in the sequel. The name of the late and lamented Earl of Dalhousie, who so long and meritoriously represented a British Sovereign in this Province, is one which cannot be alluded to, at least by me and the friends of British supremacy in this country, without the deepest veneration and the sincerest respect. What mCiits that great and good man may have discovered in so humble a person as I am, it does not become me either to conjecture or surmise. But I am proud and grateful to be able to state, that his Lordship was pleased to deem me not al- together unworthy of his friendship in private life, and of his patronage as Governor in Chief. On the 11th of November, 1826, 1 was ap- pointed Clerk of the Peace in and for the District of Three Rivers. It was the spontaneous gift of his Lordship ; and was offered in the expectation that it might ultimately lead to a more advantageous of- fice in the public service of my country. Nor, though at a somewhat remote period of time, was the hope altogether disappointed. My Lord Aylmer is also a Nobleman of eminent virtues and qualities, both pub- lic and private. He, too, while administering the Government of this Province, was pleased to think my services to the Crown de- serving of his countenance, and of some additional compensation. In a communication, directly from his own hand, and framed in terms of condescension and friendship, which have impressed upon my heart obligations of sincere and lasting gratitude, his Lordship informed me, that, in addition to the situation which I then held as Clerk of the Peace, he had appointed me to the office of Coroner for the District of Three Rivers. This took plaoe early in IBS*. In the meantime, from 1829 to 1835, 1 acted as Private Agent for the Secretary of the Province, in issuing shop and tavern Licenses at Three Rivers. In the month of September of the latter year, I re- signed this Agency, which only yielded an average income of twenty or twenty-five pounds a year. I was induced to do so, because I understood from the Provincial Secretary himself, as well as, il. ough otiipr r,hannels o«' information, that since the arrival in llic Province of the Earl of Gosforii and the other Royal Commissioners, a plurality of public olTices, no matter however compatible or reduced in emolu- ment, had become peculiarly obnoxious to Government. It was true, that my situation of Private Agent to the Provincial Secretary, was not a public office in any point of view, and that, not being ac- countable to Government for the discharge of its duties. Government could neither, in right nor in justice, recognize it as coming within the denomination of a plurality of public offices. But I had no desire to involve either the Provincial Socretarj^ or myself in any discussion upon the subject ; and, therefore, I gave the Agency up. Tlie fol- lowing is a letter which, not long afterwards, 1 received from my constituent : — 2d Janvnry, 1836. My Dear Sir,— I made an unsuccessful attempt to see you before your de- parture from duebcc ; and regretted very much to learn from Mr. , that you had been so unwell. I have made the offer of the Agency at Three Rivers to Mr. Kimberf, stating that you had expressed a wish to resign it. You could not have held it without making a sacrifice which it would not be worth- When you make yuur usual statement, to the 5th instant, send me back the Licenses on hand ; and although our business connexion will there end for the present, I shall not cease to be actuated by the feelings of esteem and friendship with which I have long regarded you- Wishing you and yours many happy returns of the season, believe me, my dear Sir, very truly yours, D. Dai.y. To D. Chishulme, Esquire. Such are the amicable and satisfactory terms in which I officially parted with the Provincial Secretary. But I must revert somewhat. It was not until some time after I had officiated as Clerk of the Peace at Three Rivers, that I discovered the intensity and malignancy of the animosity with which I was regarded by a factious and turbu- lent party in the Province, in consequence of the side which I had taken in political discussions, and especially for being identified, as it was asserte*^, with the measures of the Earl of Dalhousie. That la- mented nobleman and faithful public servant, was among the first who discovered the career of crime and folly which the party I have just 4 il ineiiiionecl were (leteriuiiied to run in thi.) Province, and which has since, as I then frequently prognosticated il would do, terminated in rapine and blood.shed. The Earl of Dalhousie took his measures accordingly. He did not hesitate to exercise every function of his high office, all the powers of the Constitution, and every authority of the laws, for the purpose of arresting the progress of this headlong course. If ho failed in the attempt, it was not his Lordship's fatilt. He did his duty as became an honest and conscientious servant of the Crown ; thus entitling himself to the approbation of the wise, and the universal applause of the loyal. His measures, however, were at- tended with this singular result, lliat while the conduct of the indivi- dual was approved of by the Government of the time, his policy was either thwarted or suffered to lie in abeyance till a more convenient season. Accordingly his Lordship left the Province^ to attain higher honoiM's in another hemisphere ; but those who had actively aided him here in his difficult task, were left behind, subject to the insults, malice and persecution of their enemies. I was, unfortunately, one of those who had been left in this unpleasant predicament. It now appeared, that to have been in any respect connected with, or be- friended by, the Earl of Dalhousie, was a crime of the deepest die. To have been appointed to office under his Administration was unpar- donable. I was, accordingly, assailed by every possible annoyance, public and private. I was libelled and lampooned by the press of the party to which I have alluded ; I was denounced, by name, at secret and public meetings ; I was menaced with personal injuries of various kinds ; and, to conclude this catalogue of the petty spite and malice of a base revolutionary faction, I was threatened with a de- privation of office, on the earliest possible occasion. Whether I de- served such treatment, as a political partizan of the Earl of Dalhousie, need not now be dwelt upon ; but, certainly, I must be permitted to say it for myself, that neither as a private individual, nor in my capa- city of a public officer, did I ever commit any act of insult or oppres- sion that could justify any thing like the personal and official persecu- tion to which, for years, I had thus been snbjected. But, alas ! it is not for opponents, like those with whom I had unfortunately to deal, to discriminate between the moral actions of the iiian, and the public professions or principles of the politician. 5 at 1 To l>e publicly patronized, or privately befriended by Lord Ayl- iner> whose measures were also calculated to arrest the revolutionary proceedings of unprincipled men, was deemed to be no less a crime thait to be connected with the Earl of Dalhousie. In truth it was an aggravation of that oll'ence, if so it must be termed ; and I daily witnessed a more fixed determination on the part of my enemies to carry their intentions against me into execution. But it was not un- til the arrival in the Province of the Earl of Gosford and the other Royal Commissioners, that an opportunity had been afforded to tliose enemies for realizing their long-meditated designs. The policy of this nobleman, and the conciliatory instructions of whicli he was tlie bearer, whatever may have been their beneficial object, were, it umst be admitted, exceedingly well calculated to aid the views and minis- ter to the hopes of tlie revolutionary faction by which the Province had so long been cursed ; and the fatal result has })roved that it was so. They immediately began, through the mediunx of the perverted powers of the House of Assembly, to attack, in a more o[)on and daring manner than they had hitherto discovered, the very founda- tions of Government and the Constitution. Among the other schemes resorted to, for the destruction of those bulwarks of society, was an indiscriminate assault upon tlie character and conduct of every i)ublic officer in the Province, A system of inquisitorial proceeding, fraught with the most violent inroads upon all species of private and social confidence, was introduced into the popular branch of the Legislature — no matter through what means the charge had been elicited — no matter how sacred the confidence the discovery had violated, or how solemn the engagement it liad broke through. The time, also, was one, in which, to use tlie words of a lamented statesman, ihe popular appetite fed upon attacks on public men. The favourite doctrine was, that public men must necessarily be corrupt ; and they were the purest patriots, and the staunchest friends of Canadian freedom, who presented most charges againsi them. The natural consequence was, that the halls and Committee-rooms of the House of Assembly soon became crowded with public officers, as well as hired witnetfses, rea- dy to prove their guilt of whatever charges might be brought against them. It would be unreasonable to suppose that I could escape this 6 general liuiil of obloquy, aiul overt ileaign to overtlirovv the most va- luable institutions of the Province. On pretence, therefore, of in- quiring into the nature and amount of the fees and emoluments of public officers, I was summoned before a Committee of the House of Assembly, and by that Committee reported to the House as unwor- thy uf holding my situations of Clerk of the Peace and Coroner of the District of Three Rivers. Accordingly, a solemn demand was made upon His Excellency the Governor-in-Chief, to remove me from all offices which T held under the Crown. But however much inclined the Earl of Gosford may have been to gratify the wishes of the As- sembly, he did not venture to comply with their request on the pre- sent occasion, without affisrding to me an opportunity to make my defence to the charges preferred against me. I made such defence, and upon being transmitted to His Majesty's Government, in Eng- land, it proved signally and honourably successful. It is unnecessary, in this place, to allude to the nature and scope of that defence ; but future occurrences require, that the following unsolicited letter from the Magistrates of Three Rivers, which formed a part of it, should here be communicated : — David Chisholme, Esquire. Tkree Rivers, 8th March, 183G. Sin,— We, the undersigned Magistrates for the District and Town of Three Rivers, having understood that certain charges have Iteen made against you, as Clerk of the Peace of this District, by the Honourable House of Assembly, we feel ourselves called upon, at this moment, to testify, that we have been acquainted with you, as Clerk of the Peace for this District, nearly ten years; and that we never knew or heard of any com plaint against you, but, en the contrary, that your conduct as a gentleman and Clerk of the Peace, has always appeared to us de- serving of the highest praise; and we beg, therefore, that you will accept this tri- bute of our approbation and respect, as coming from the Magistrates who have had •very opportunity ofknowingand appreciating your talents and integrity as Clerk of the Peace for the District of Three Rivers- You will, therefore, make such use of this, in your defence, as you may think proper- We arc. Sir, your obedient humble servants, ^ Rene Kimber, J.P. S. Grant, J.P. James Dickson, J.P. i. ; , . Henrv F. HuaHEs, J.P. E. Mayrand, J.P. But it is as ilillicult to shjutti the riiiilevoU'iire ol" private iMa'init'H as it is to stop the tide of political factions. Fimliiig tliut I had es- caped their toils in the manner just mentioned, I soon fomid out that the |)ersons, who had always been ill-disposed towards nie, on ac- count of my political opinions and wrilinirs, had determined to ensnare nie on some other point ; and, if possible, to ellbct my ruin, no matter how cruel the attempt or treai^herous the means. And, to a certain extent, they succeeded ; but at a period, be it remembered, when the arm of public authority was enervated in the Province, by conciliat- ing the worst enemies of the country ; when the local Government either would not or could not orotect its own officers ; and when, to sacrifice a public servant to the vinilictive cravings of a destructive faction, was esteemed, in no small degree, a public virtue. On the 9th of Septendjpr, 1836, twelve months after I had resigned my situation as Agent for the Provincial Secretary, in the issuing of shop and tavern Licenses — I was waited upon in my office at Three Rivers by that gentleman. He informed me, that a Mr. Du- bord, of Champlain, had lodged a formal comj)laint against me, for having refused to issue a license to him, notwithstanding that he !iad paid me the necessary sum of money for so doing ; and that the ob- ject of his (the Provincial Secretary's visit) was to obtain some ex- planation on the subject. I immediately stated to Mr. Daly, what was the fact, that Mr. Dubord had always been very irregular in tak- ing up his licenses ; that I had so long before then resigned my agen- cy, I could not, at that moment, remember the precise facts of the case ; but that I felt perfectly conscious of never having done any thing unworthy of the conf.dence reposed in me. In this Mr. Daly readily acquiesced ; but, said he, " we have all of us our enemies, and you have yours. You are aware of the state of the country, and the spirit that exists in certain quarters, with respect to public officers ; and the fact is, that I havo been compelled to make some official inquiry into this business, otherwise it was intimated to me, that I should myself be prosecuted by the House of Assembly. I will, therefore, write you an official letter, and receive your explanation ; and if that will not satisfy them, we cannot help it." The following is the official communication here alluded to : — I n TiihkkRivkrs, 9//1 Sept. \h:U). SiK, -Mr. L. Dulionl, oCCIiainplaiH, liiiviiig rtvt'iilly calied at my ollice, iiml httvingexliiliiU'tl to iiic your receipt for the sum of £4 Ts. (Jd. which lie paid you for ushop license, to be afterwards deUvercd lo him, and which lie lias not suice re- ceived, although he demanded it ; and not finding his name included in the list of li<:oace» J'urnished by you to me last winter, I am under the necessity of requesting some eX])lanation on the subject- It is also necessary, I should add, that it has been alleged that several other individuals have received similar receipts from you, without, at any subsequent date, having been able to obtain their licenses, an alle- gation tiio trutli of which, I need not assure you, 1 trust it will be in your power to deny, but upon which I am also compelled to demand explanation- I hope to be favoured with your reply at your earliest convenience. I have the honour to be, Sir, your most obedient servant, D- Dai-v, Secy. D. Chisholme, Esquire, etc. etc etc. To this letter, tlie following was my reply : — TiiRKE Rivers, lOth September, 1836. Sir,— I have received your letter, of yesterday, and in reply, beg leave to state to you, that agreeably to your written permission, I have frequently given receipts for monies deposited with me for licenses, before the receipt of them from Cluebec, as well as when I ran out of them- I am prepared to shew, that the same practice was pursued by my predecessor, your present agent here, Mr- Kimbert- By this means, it is very probable, that when licenses were called for, 1 did not take the precaution of exchanging the licenses for the receipts, and that, in some few in- stances, the licenses themselves may not have been called for. But permit me to deny in the most positive and unequivocal terms, that I have ever declined or refused to deliver a license, when demanded, either to Mr- Dubord, or to any oth- er person. For some years, Mr. Dubord was in the habit of informing me, that Mr- James Bell would take up his license as a shop-keeper ; but this was never done, though this gentleman, as 1 believe, stated to me he would do so, or become answerable for Mr. Dubord's license. 1 have the honour to be, Sir, your very obedient servant, David Ciiisiiolme. D. Daly, Esquire, etc. etc. etc- On the 16th of September, I received the following official com- munication from the Civil Secretary of the Province : — 9 S (Jasi'i.k nr Sr. Ltvviw. ( Qiicbf.c, 15/ /j SeiJlember, \H'Mi. Sir,— I am directed by the Governor in Cliiof to apprize you, tliat, in i-onse- qut'nce of an official coininunicatidn nildrcsscd to liini with rrcrard to yonr conduct while employed by the Provincial Secretary an his ^i^cnt for tlic issue of Shop and Tavern Licences, for the District of Three Rivern, by which the public Revenue is supposed to have suffered ; he has commanded Mr- Vt'zina, one of His Majesty's Counsel, and Mr. Daly, the Provincial Secretary, thoroughly to investigate this matter, and report the evidence for His Excellency's information. His Excellency expects you, as a Government Officer, to afford these {gentlemen every facility in your power in their inquiries, and to attend before them when required. I have the honour to be, Sir, your moat obedient servant, S. W.M.roTT, Civil Secretary- To D. Chisholme, Esq. IIISIIOLMK. Bcial com- Now, it will, at once, appear from this communication, that no- thing couUl be more illegal and oppressive than the principles upon which the singular inquiry to which it refers, was to have been con- ducted, from the very beginning. In the first place, an official com- plaint is iiere said to have been made against me ; but I was not then, and have never since been, favoured with a copy of it ; nor do I know what may have been its nature, substance, or scope. In the second place, I was directed to attend before the judges appointed to inquire into my conduct, as a private individual — amenable to no authority but the laws of the land — not to defend myself — not to refute any false evidence that might be brought against me — not to object to the ille- gal and unprecedented character of the inquiry itself — not to demur to tlie authority of the inquisitorial tribunal by which I was about to be tried, nor to the validity of its proceedings, nor to the truth of the evidence and the character of the witnesses who might be adduced against me ; but, strange to state, only " when required," in my capa- city of a Government Officer, for the purpose of proving my own de- linquency, if posssible ; and, as such, to give countenance and a show of legality to proceedings that vk^ere unheard of since the conquest of the Province. Yet I did not refuse to comply with the commands imposed upon me. On the contrary, I expressed a willingness lo appear before the Commissioners, " as a Government Officer, to aflbrd 'X!> 10 'f those gcntlpiiioM every llicility in llieir itujuiricsj ;" hut cinMimstanc-cs over wliioh 1 \v:is imaljle lo exercise any controul, prevented nie from carrying my intentionis into execution, thoiigli such circumstances did not |)revent the Commissioners from obtaining, thruugh me, all the information that they could possibly desire, as we shall presently find. Late in the day, of the 16th of September, I was called to the pa- rish of Nicolet, for the purpose of holding a Coroner's Inquest, and returned home at night, extremely unwell, labouring, at the same time, under the effects of severe personal injuries, which I had sustained some weeks before, in consequence of the overturning of my caleche, in returning from the performance of public duty, at River du Loup. 1 became so extremely unwell, next day, that I was unable to rise out of bed, and medical assistance was called in, though contrary to my wishes. It was in thi^ situation that I received the first intimation from Messrs. Vozina and Daly of their intention to meet, on the 19th of September, and proceed with their inquiries. It was, of course, out of my power to attend them, of which a certificate was furnished to them by my physicinn, Dr. Carter. But I did not fail to transmit to the Commissioners, under the care of the High Constable, all pa- pers, records, and documents that were in my custody, in relation lo the incjuiry going )n. I know not how long the inquiry lasted. It was to me a matter of darkness and mystery ; but, on the Slst, I had so far recovered my health, as to be able to write the following letter to the Commissioners : — Three Rivers, September 21, 1836. Gentlemen, — 1 am now so far well as to be able lo sit up and write this- As neither the communication which I have had from the Civil Secretary, on the subject of my conduct whilst Agent for Licences in this District, nor my late cor- respondence with you, has enabled me to form any conjecture of the charges brought against me— of the nature of your present inquiries — of the evidence ad- duced—nor of my right to be present mysclfor by counsel at the examination of wit- nesses, I have to request that you will be so good as to instruct me with respect to these matters ; and, in particular, furnish me, forthwith, t vith a copy of such evi- dence as may have been taken against me, that 1 may have an early opportunity of rebutting and explaining any thing that may appear to my prejudice. I have the honour to be, Gcnllomen, your most obedient servant, David Chishoi.me. Messrs. VIzina and Daly. 11 To this communication, I received the followins; reply t — Osthcim'n H()Ti;i., Si:pttmberil, IS36. SiH, — In reply to your Idler of this ddto, \vc Imvc to rctl-r you to Mr. Daly's letter, of the 9lliinHtant, for inforumlion as to the nature of the present inquiry. We would not have had objections to your bfin;; present ut all our proceedings in regard to it, had you expressed a wish to that efTect. With regard to the evidence we have taken, we consider it our duty to tmnsniit it to Mis Excellency the Go- vernor in Chief, with your letter of this dute, wlicn His Excellency will communi- cate it to you or not as he sees fit, but the communication of it, if refused, will not be at our initancc. Wo have the honour to be, Sir, your most obedient servants, B». Vezina, D. Dai.y. D. Chiaholme, Esquire. Hisiini.Mt:. Now, nothing could have been more unsatisfactory than such an un3vver to my simple and most reasonable demand, of being in- formed of the nature of the charges brought against me, and the scope of the inquiry formed upon Ihem. Was Mr. Daly's letter to me, of the 9th of September, the "official communication" said to have been addressed to the Governor in Chief, with regard to my conduct, in the Civil Secretary's letter to me, of the loth of September? Surely not. They were two separate and distinct documents, which must stand or fall by themselves. Messrs* Vezina and Daly here in- form me, that the communication of the latter to me, of the 9th of September, constituted the nature and substance of the charges against me. If so, what could be more vague and indefinite ? Was that a sufficient justification of so formal and solemn an investigation as this 1 But, granting that it was, what right had Mr. Daly to enter upon such an investigation on his own mere authority, and with no other grounds for doing so, than his own communication to me ? In such a case, my reply was a sufficient answer, and formed as good a plea in defence, as Mr. Daly's letter could form a charge of crimina- tion. Then what are we to say as to the " official communication'* addressed to the Governor in Chief, and with regard to which alone my conduct, as a Government officer, was to have been regulated, notwithstanding that I have never yet been favoured with either the ^.^WWBW"''*' 12 Hight, or a ropy of ln«i( official coinniunication ? ThiB wan rather kn unpleasant dileniniu for a man in my situation to be placed m. To which of the two complaints wan I bound to apply myself, in order to ascertain the true nature of the cihargi^H made against me, for the pur- pose of refuting them ? To the undefined and unfounded one con- tained in Mr. Daly'n letter, of the 9th of September ; or to that mys- terious and as yet unknown one, contained in the '* official commu- nication" made to the Governor in Chief? It w impossible to deter- mine. It is no wonder, then, that I was anxious, at the outset, to obtain from the Commissioners of Inquiry some information as to the nature and extent of the charges made against me. It is an little wonder, that they were totally incapable of complying with my request. As tp what is naid by Messrs. Vezina and Daly, with regard to their having no objections to my lieing present at the whole of their proceedings, if I desired it, such a piece of intelligence was as unsa** tisfactory as the rest of their unsatisfactory lettt^r. They ought to have known, that there is a great difterence Iwtween the mere tacit admission of the privilege of a spectator to be present in a Court of law or inquiry, and the positive right of un acrusetl party, not only to Ix* present, but to become an actual party to the proceedings, by ob- jecting, if necessary, t4) the memiiers or constitution of the Court, by cross-questioning the witnesse>4, or protesting against their admissi- bility. On all these important points, — pointo which could only be referred to by me in my letter for information, — the Commissioners were altogether silent. At any rate, it appears from their answer^ that much of the evidence had been gone into ; and it was now too late to enter into any further discussion as to the legality of their pro- ceedings in that respect. Thus situated, and being well informed as to the illegal and unpre- cedented course ptirsued by the Commissioners, in the examination of witnesses, as well as in summoning such witnesses before them, I deemed it to be my duty to transmit the following letter of protest to Messrs. Vezina and Daly. This had been rendered dtill more ne- cessary, because the inquiry tiad naturally given rise to such a popular clamour and outcry against me throughout the distrirt, that, should !'ny fttt!»rf lecHl question arise with regard to it, 1 (;ould never obtain 13 hat fair nnd impartial iiivt^stlgatioii of my case uiul coiuiiict. which the laws of the land had prescrihwi : — TiiuKK RiVKKS, "i'id September, 1836. GENTLBMR^r, — 1 iiad yeuterJuy the lionour ut' btiin<; favouri*)] with your lotter of that ilate, referring me for inforinution, us tothi> natiirtt of your present inquiriei, to Mr. Daly's letter to inc of the 0th iriMtaat ; hut upon doing ho, and considering the reports which liave this day reiichud me from some witnoHscu examined before you, I do but bare justice to myself in uarni'Stly ami firmly piotcstinii; against both the tabstanoe and the scope of the evidence adduced, as totally inapplicable and irrelevant to the charges in qne.^tinn* As endowed with all the rights and privileges ot a British subject, 1 also beg leave to protest against the Commisxion u( Inquiry under which you are said to act, as being both illegal and unconstitutionni- It may bo founded on an *' oflicial communication;" but against that ofBciul communication itself, I likewise protest, as being the result of a deep laid plot and conspiracy to ruin and destroy my char- acter as a man, as well as my integrity as a public olBcor. Being the party accused, 1 ought, from tlie beginning, to have been enjoined and invited to be present at every stop of the proceedings against me. I protest against the infringement of my rights in this behalf- I should otherwise have been afTordcd an opportunity of more fully ascertaining the recise nature of the authority by which you act ; against which I again beg leave to protest, ai at va- riance with every principle of justice and right. I deny the truth of the allegations charged against we ; and protest against any evidence that may have been taken by you in support of them, without per- mitting me to be present to elucidate the truth by cross-examination, should I deem it neecssary. In fine, 1 beg leave to protest against the whole of your pro- ceedings, as illegal and inquisitorial — as defamatory of, and ruinous to, my repu- tation, in every respect— as pernicious to the ends of justice — as an innovation upon the due course of law— as inconsistent with the proper administration of justice-at variance with the law of the land— and my just rights and liberties aa a British subject. I disown the whole of your authority; and do now and hereby solemnly protest against it- But 1 disclaim all personal reflections; and have the honour to be, Gentlemen, your very obedient servant, .:,..,,:,,; David CiiiaHOLME. D. Daly and P. Vezina, Esquires. But the inquisition proceeded ; and I heard no more of it, directly or officially, until the 27th of September, when I received a letter M 1: from tliu Civil Secietury, iiitiiimliiig to ine that, uti 1 was iiui preHeiii when tiie cvi lenoe whs taken against ine, and had not boon heard in my own vindication, ho was comrnnndod to enclose to me a copy of t!io Htatements in question, with a io(|iu^rtt that I would, without any avoidable delay, furnish, for his Excclk'ncy's information, Huch explanation aB 1 might wish to make, accompanied with such proofs ad I might think it advisable to adduce. After having sustained chargijs against me, tiie exact nature and scope of which had not been intimated to me ; allcr having heard evidence against me in my absence ; and after having closed against me the door of self- defence, explanation, and cross-examination, luitil the cane of my adversaries had been completely gone through and adjusted ♦o their satisfaction, I mvist confess, that I thought myself rather hardly, if not cruelly, dealt with, in being thus suddenly called upon to enter the lists alone, and, at my own charges and expenses — and without the countenance, aid, or assi^'tance of a Government that was bound to protect its oflicers till legally convicted of an otTence, to institute a new inquiry into the subject tnatter of complaint. I found that the witnesses adduced against me had not only resided in all parts of the district, but that some of them had removed to other parts of the pro- vince. How was I again to summon them together ? How was I to visit them at their respective places of abode 1 And seeing that I had been abandoned by Government, and left entirely to my own resources for the vindication of my chara<^ter, how could I extort the truth from unwilling witnesses, who had already given their evidence in chief on behalf of a prosecution, where there was neither judge nor jury to sift the matter to the bottom 1 But there was no alternative. Alone and unprotected as I was, I undertook the difficult and arduous task. In a poor state of health — at a most inclement season of the year — in bad and almost impassable roads — at much personal hazard and expense — and subject to the gaze and derision of vulgar and pre- judiced enemies — I was compelled to travel to the farthest bounda- des of the district, in search of evidence to counteract that which had been brought against me. And I did counteract and rebut it. The evidence which I collected flowed from the same source with that upon which my dismissal from office was founded ; and the chargea 1ft tliciDselvod, M well an \Uc eviiii>iuu> l)rou^ht in support ot'tltcni, wnv tutally uiul entirely rul'iitcd, word tor wuni, und fiu't lor t'uct. 1 ru|) pi«i : — " Mr- L. E Dubord has deposited in my hands money for a merchant's license. David CHi8Hot.ME, Agent." OKt'ENCK. It is proper (o obsorvc, in this place, that allhon'rli it appears by the opposite heading; to the evidence (akon iv(r:iiiigt me, the procfedin^^Holthc Coiiviii isiun- ers commence*! on the 17th of Septem- ber, yet It was only on that day I rcreiv- ed notice of their intentions to conimc nee the inquiry two days af\erwiirds, to wit, on the lOth of the inontii, ns will be proveil by the subjoined letter from Mr- Vezina-t E' L. Dubord, shopkeeper, Champ- lain- Champlain, !2I Sepre. 1830. MoNSiEi'H,- Tel que je vous ni deja disjc n'ai jamais faisunplainte forinelle contre Mr Chisholme, par rapport aux licenses. Votre hnml- scrtr- L. E- DuBoan. James Bell, Ecuier. < Champlain Mills, ) OH 15 ii35. when I e^wcd me no J receive it. DUBOBD- ■, 1836. ly list of li- :ed there by d of the first but did not e for all. beg "his transac- ant, nor my een appoint- will thus be have "paid to the charge demanded" SHOLMB. er, Gentilly. for the years ook up from ■nsesfor Mr ivus Gkhs. OKaiiKVATiON's.— it is thus c.iudr, Ihut Mr. Stein could nut, u»he did not, pro^- duce the receipt alluded to; his friend and partner, Mr. Gera, havin;!; unii'ormly taken up his licenses for him. D.WID ClIISilULML. CHAROES. 19 th Siptember- Marie L.Gauslin, tavern-keeper, Three Rivers, Paid her license to \'t- Chisliolme; anil does not exactly recollect whether or not she got a liconsc or a receipt ; hut she will produce cither. N.B. Did not produce cither. Sept. 23. Veuve Meuri Me, tavern-keeper, Three Rivera. Paid her money to Mr. ChiRuolmo himself, last year, who told her, he had no licenses then, but that she had no- thing to fear; and might sell, as he had entered her name, or something to that that effect' Vextve Ritter, tavernkeeper, Three Rivers, Paid Mr- Chisholme tor her lii ensc last year, hut never received it, having l)cen assured, that she might sell with- out danger, by Mr. Chisholme, as he had cnregistered her name. She got no receipt. N.B. Her nauio i& not returned, pa licensed in 1835, by Mr. Chisholme. Mrs. A!. T. PerrauU, or Boudnau, shopkeeper, > Paid her money for a licrse, in 1835, which she never cot, Hiuids in a cer- tifi'^ate, A , whicli she received from M' Chisholme, in lieu of a license. nEKKNCE. Maiie LOauslin. ta vern-keeper, Three IZici s. Observations. — This woman never paid nie for her license s. I do not know even who she is. At pII ev«nt ohe makis no charge against mc; nndl ntfd not. tlirnlon;, cnttr into any explana- tion of her statement. David CnisHor..ME. Oct. 6, 183G. Widow MturissHte. tavern-keeper, Three Rivtrs- I hereby certify, that ibr the years preceding 1835, 1 have regularly re- ceived my licenses ; and that, for that year, I deposited money by two several instalments formy license; liutdidnot call for it. being told by the late Antoine Hamel, that he would bring it to me< her Marik X Jos. Meurisette. mark. Witness, HONOHE (iODI.N- IVidf/W Ritter, lavrrn- keeper, Three Rivers- I do hereby certily. that I did not pay for nor call for my license, for 1834 ; and as tf) that for 1835. bein^ told that the licenses di. Obskrvations. — Widow Hamel has left Three Rivers. It was in 1834 that the late husband of this woman was first 19 CHARGES. «ffice of Mr. Chisholme, ia which he was engaged every day as BailitT. She has a license this year from Mr* Kina- bert. N C-'s list for 1834 or 1835. Pierre Beleau, shopkeeper, Three Ri- vers. Paid for licenses in 1834 and 1835, to Antoine Hamel, Mr. Chisholme's Bail- iff; got his receipt for each yearj but never got a license — has lost or mislaid the receipt fur 1834, but produces the receipt vu 1835, marked D- Beauiiea, Three Rivers. Hands in Mr- Chisholme's receipt for the amount of a shop license, for his son, T. H> Beaulieu, of St« Leon, shop- keeper, marked E> which he declares he never could get, although he more than once applied for it ; being always told, either that there were no licenses^ or they were expected ; and would be given when received— will attest the facts on oath, if required. DEFENCE. qualified as a tavern -keeper; acl his license was delivered to him. in 1835, he did not take out his license, assign* ing as a reason, that he could not do so until his salary, as Crier of the duartor Sessions, etc. should be paid by Qovern- ment> David Chmholme. Oct. 7, 1836. Michel Girard. tavern-keeper, Three Rivers' Observations.— This individual was returned as a tavern-keeper, for the first time, in 1835; and ho never called upon me, nor paid me for his license. He has removed to duebec. The oath of such an individual might be believed when taken ; but certainly his mere ipse dixit is not entitled to the same compli- ment, seeing that^ when he made the foregoing declaration, he was smarting under the fear of being prosecuted for not being qualified as a tavern-keeper, never having occupied a house in tnat capacity. David Chisholme. Pierre Btleau, shopkeeper. Three Ri- vers- I hereby certify, that for the year 1834, 1 paid for and received my license, as a shopkeeper, from Mr. Chisholme or Mr. Bofvin. Pierre Beleau. Oct. 7, 1836. Observations— How could he have receipts from Hamel for both years, if he received his license from me or Mr. Bolvin, for 1834, as here certified under his own hand 1 I was never called upon to furnish lists of the licenses issued by me till af- ter I ceased to be Agent ; and it is pro- bable that, in one or two instances, 1 may have omitted a name* David Chisholme. Beaulieu, Three Rivers. Observations. — Mr. Beaulieu de- clines to state to me the date of the re- ceipt he alludes to ; but it will be satis- factory to know, that his son's name is on the list of shop licenses for 1833, 1834, and 1835, which is n&t denied on the opposite side. David Chisholme. Oct. 6, 1836. ■■'^!-S.'il!B'-L'H| 20 ( HAROES. Ignwje Caron, shopkeeper, fi'ioiere du Loup' Hands in Mr. Chisliolniu's receipt, marked F- for money ♦o:- a license wliich he never got. He furflier Blutes tliat Ainable Gmi;non of Maskinonifo, got a ctrtiticate of payment for his license the same day, from Mr. Chisholme, and in his presence — will swear to the facts, if required , Philip Panneton, shopkeeper, Rivers. Three Paid his money for a license in 1835, which ho did not get; but vvas told he was safe when the last instalment was paid, having paid the amount in differ- ent sums, as appears from receipts, marked G. of Antoinc Hamel, Mr. Chisholme's Bailiff, and a letter from the same person, which he hands in- He got neither receipt nor license forthe last payment, which he will swear to, if required. N.B. He is not returned as licensed by Mr. Chisholme, for ISaS. Jean BU, Martel, tavernkeeper, Becan- cour. Has been tavernkeeper for eight years, during which time he has invariably paid for his Iicenr.e | for the last iive years he never received a license, al- thougii he always ^'ot receipts similar to that which he now lands in, marked 1. For four years he paid his license by Mr. Sheriff Ogden s bon, which Mi. Chisholme received ascash. For 1835, Mr. Chisholme himself owed the amount to him, and gave him a receipt as usual. Will furnish the remainder of the re- ceipts, if he can find tliem; and will at- test the above facts upon oath,if required. N.B. Is not returned as licensed by Mr. Chisholme in 1834 or 1835. John Houlision, shopkeeper, Three Ri- vers- Has been for four years a shopkeeper. UEt'ENCK. Ignace Caron, shopkeeper Riviere du Loup. OB.SKHVAT10NS — 1 have had, as yet, no oi)portunity of seeing this individual, nor the means of sending for him ; but 1 find his name in the list of shopkeepers wiiose licenses have been delivered to them, as follows ; so tiint tiie production of a receipt can form no charge in such a ••use : — '1833. August 18. No. I."). Ignace Caron, River du Ldup." "1834. May 17. No. l(i. do. do" " 1835. May 19. No. l± do- do," "1833. May 22. No. 2D. Amable Gagnon, Maskinongc" D.^VID CuisiIOLMK. Three Rivers, Oct. 18, 183G. Philip Panneton, shopkeeper, Three Rivers. I hereby certify, that I have not yet paid my license for 1835, and never called lipon Mr. Chisholme tor the suine. PlllI.I.IPE Pannkton. Three Rivers, 7th Oct, I83G. Jean Ble, Martel, tavernkeeper, Becan- coiir. I do hcreliy certify, that for the years 1634 and 1835, 1 di.l not jniy for, nor take up my licenses from Mr. Chis- holme, his Je.\s X Bte- Mahtei., mark. Witness, HoNORE GoniN. Obsfhva'I'ions — For the years 1632 and 1833, Mr. Martel, though returned, never qualified as a tavernkeeper. I never owed him money. P,vviij Chisholme. Oct. a, 1836. John Houliston, shopkeeper, Three Ri- vers, I do hereby certify, that 1 have nei cr 21 ISIIOLME. CHAUdKS. When lie commmcoij business, was told by Mr. CiiiBliuIine to lie^in nulling whcnttver iie ploiiHod. and ho did no, and ooMtinui'd to sell lor tlic i'oliowing tlireo years un(]('r tlio impression tliat Ids licenses were cliarq^ed a^ainsit iiiin, liy Mr- Cliislioliue, vvitli whom lie liml, and still liaSj an unsettled aci;ount. He has now a license iVoni Mr. Kiiiibert for tlic lirst time. N.B Is not returned as licensed by Mr- Chisholme for Wil or 1835. Alidul Gorond, ^hupketpcr, Genlilly. Has been a shopkeeper for seven years, and in io31i and lHo4 did not receive his licenses, although he paid his money each year, and will produce rciceipts for it. In 18IJ3 he was prose- «;uteu for selling without license, and fined, although he had a receipt for about half the amount of his licence, and an assurance from Mr. Chisholme that ho could sell without danger; and will swear to the facts, if required, and will furnish the receipts, if he can find Ihcm- He now protluces and hands in one receipt, marked K. from A. Hamel, in part payment of his license for 1835. N.B. Is not returned as licensed by Mr- Chisholme in 1834- John O'Connor, tavernkeeper, Three liivcrs. Has been a tavernkeeper for three years— in 1834 and 1835, ho paid £0 I Is. at 'iilTerent times, on account of his license, and never got cither license or receipt. Mr. Chisholme told him to sell, and he was satisfied. He still owes Mr. Chisholme the balance of the si.cond year's license ; and can swear to tlie above facts. N-B. He is not returned as licensed by Mr. Chisholme for 1834 or 1835. 21. s'/ Sept. Francois BcUerive, tavern-keeper, Chaviplnin. Has been tavernkeeper for seven or «'ight yoars,and has had only one licen.se from Mr. Chisholme, which was for the first year — for all the others he paid re- gularly, and had so much confidence in Mr- Chisholme, that he diil not ask even for a receipt, particularly as he was not threatened witii prosecution at any time. He has a license thits year from DKFKNCK. called upon Mr. ChiHliolmc for a shop licen.se, nor paid him tor one. John Hoiii,i.stun. Three Rivers, IGlh Oct. 183G. .1.7(,7(i7 Goiniiil, shopkeeper, Gcntilly- 0;iKK,iiVATinN.s.— In 1833, he was a slionkuepcr, and his li<;ense was deliv- ered to hiiii his name being No. 48 on the list of .siiopkei'pers. In IBolheilid not take out nor pay for any license. In 1 835, he was qualilied as a tavernkeeper, and his license was delivered to him, hiii name being No. 3, on my list of tavern- keepers. D.wiD Cni.siiut.MK. Three Rivers, Gth Oct, 1S35. NoTK,— Gorond was returned as a tavern-keeper f()r lH3G;buthe has not yet (Gth October, 183G,) qualified him- self, or taken out a license, which shews the irregularity of his conduct. John O'Connor tavernkeeper. Three liivers. I do hereby certify that not having paid for my licenses, for 1834 and 1835, except as mentioned by me beforq Messrs. Daly and Veaina, 1 did not call for niy licenses. John O'Connor. Three Rivers, 4th Oct. 1S3G. Frangois DelUrive, tavernkeeper, Champlain. I do hereby certify, that for thcyeara I33'2, 1833, 1834, and 1835, 1 did not pay Mr. Chisholme for my licenses, nor take up the same. his Francuis ^ Beli.erive, murk. Witn(.s.=i, liONORE GODIN. jAi CIIA«(.KS. Mr KimbcTi, and is ready to swear to the above factH, and, in some instanr"8, lo prove, through others, that he hag paid Mr. Chiehulmo for his licenses. N-B. He if not returned as licensed by Mr. Chisholme for 1834 or 1B35. Ilcnry F- Hughes, akopkeeper, Three River*. Having a running nccoant with Mr. Chisholme, has not received his license for the last two years— has, however, always given Mr- Chisholme credit for the amount of his license in account, copies of which have been received and approved of by Mr- Chisholme— pro- duced bin books and a letter fnnn Mr. Chisholme, confirming tliis statement, and is reaily to attest the facts, if re- quired —does not remember to have been without his license until the last three years. N.B. Mr. Hughes' name is not re- turned as licensed in 1834 or 1835. Antoine Bureau, shopkeeper, Three Rivers' Paid for a license in 1835, to Mr- Chishoime's BailiiT, A- Hamcl' Hand- ed in Hamel's receipt, marked A-, and will attest his statement on oath, if re- quired. N'B. Is not retarned in Mr. Chis- hoime's list for 18:^ or 1835. Lubin Rouaaeau, ahopkeeper,St- Pierre- Was three years a shopkeeper, viz- : 1829, laSO, and 1831, and only got li- cense for 1830, though he always paid and got receipts from Mr. Chisholme himself. In 1829, after having had his receipt for some months in his hands, he again asked for his license, and was in- formed that he (Mr. Chisholme) had none, and that he might continue to sell until May following as he was. He will attest these facts on oath, if requir- ed, d will enclose the receipts either tf , Vezina or Mr. Daly, at duebec, it . ^an find them. D. Daly. p. Vezina. Three Rivers, 22d Sept. 1836. DF.KENtR. IS'iiTK.- Vi'- Oct. 17, 1836. Henry F. Iluehea, shopkeeper, Three Rivers. " Three Riveus, Oct. 4, 1836. " For the last two years, I did not ask for the license. H. F. Hughes." Observations — I have it in writing from Mr- Hughes, on the 4th of Octo- ber instant, that for the years 1834 and 1835, ho did not call for hi" license. The account he refers to, was opened in 1N35, after his licenses become uue: and if, in July, 1836. the date of the letter alluded to, I expressed an approbation of his statement, it was without advert- ing to the credit given by him for one liccnse,and when no mistake of the kind could be rectified by me- '^'.m license ou^ht to have been taken up on the 20tb of Mav, 1835 ; but hi>^ account was not furnished till July, 1836. David Chisholme. Oct. 6, 1836. ATUoin,e Bureau, shopkeeper, Three RiverS' I hereby certify, that although I paid my license to Mr. Hamcl, I did not call for the same on Mr. Chisholme. Antoine Bureau* Three Rivers, Oct. 7, 1836. Lubin Rouaaeau, shopkeeper, St. Pierre. Observations. — This man admits that he got his license in 1830. It was not till 1831 that I was instructed to keep a list of the names of those fur- nished with licenses, and my predeces- sor never kept a list. In 1831 , his name is No. 22, on the list of licenses paid for and delivered. In 1833, he became and was returned as a tavemkeeper ; and his name regularly appears on the list of licensed tavern-keepers, from that pe- riod to 1835, inclusive — a fact not denied on the opposite side, but rather con- firmed- rhc following is a just and true extract from the list in ques- tion:— 23 CIIAIIUM.S. D ClilSIIOLMr. opkeeper, Thra " 1831. April 11. Ko. 'J-2. Lul.itt ilnUDflcaii, slionkpfper." •' 18:W. May 15. No. •). Ditto, ta- vernkccper, " May II. No. 2. Ditto, Ditto." May 11. No. 9. Ditto, Ditto." May 16. No. 8. Ditto, Ditto." David Cuisiiolmk. Oct. 6, 1830. " 1833. " 1834. " 1835. pkeeper, Three eptr, St. Pierre. Such is the extraordinary nature and character of the evidence hrought against me, in support of undefined charges, with which 1 was never made officially acquainted ; and such is the refutation, word for word, of that evidence, which, under the great hardships and dis- advantages before alluded to, I furnished to Government, in vindica- tion of my character, not as a Government Officer, but as a private Agent to the Secretary of the Province, long after I had ceased to be employed as such Agent ; and that without any comment vyhat- ever, as will appear from the following letter : — Three Rivers, l8//i October, 1836. Sir,— I have at last been able to complete, and have now the honour of trans- mitting to you, without comment, for the favourable consideration of His Excel- lency the Qovernor in-Chief, certain certificates and observations, with respect to the complaint made against me, as to my conduct, while the Agent of the Provin- cial Secretary, for the issue of licenses in this District. 1 shall only beg leave to add, that should it appear to His Elxcellency I may have committed some of those minute and trivial -errors, which so frequently occur in the transaction of public business, yet I do most conscientiously acquit myself of any design cither to defraud the revenue or perpetrate any legal or moral viola- tion of my duty. I have the honour to be, Sir, your most obedient and very hum- ble servant, .. •-- • , r David Chwholme. S. Walcott, Esq. Civil Secretary. l —l tH I U 24 To this comniiiiiication f soon received n re|tly, containiii*'; llu' hiost unjustifiable and unwarrantable eoninients upon the evidence adihiced by nie in my own vindication, and without any reference to that brought against me ; and takiii"; it lor p-anteil, that, though pro- ceeding Iroin tlie same individuals, the evidence oa the one aide was true, and on the other, false. I was also ii\formed, that His Excel- lency the Governor-in-Chief had renioved me from all the offices which I held under Government ! Thus illcgallly and most unjustly o])pressed and injured in my re- putation and fortune, I had no alternative but to jM'Osecute every means in my jiower, in order to obtain redress of \\hat I consider to have been one of the most cruel and arbitrary acts that was ever conunitted by a British Governor, in any of our Colonial dominions. In the hope of being able to proceed to England, there to appeal from the decision by which I was removed from office, without triftl or don- viction of any oflence whatever, I applied to the Civil Secretary and to Messrs. Daly and Vezina for various official documents, which I deemed to be necessary for the success of my undertaking. But in vain, as may be seen from the correspondence which took place on the occasion. I shall not burden tlie present case with th? whole of that correspondence, though if I did so, it would go far to justify the assertion, that a determination seemed to exist somtiwhere or another to refuse to me the same measure of impartiality and justice, which had been meted out to others, placed in similar clrcutn.stanccs. I may, however, quote the following communication from the Civil Secreta- ry, as it was the means of eliciting an answer from me, which coii- tains fuller details and more ample commentaries upon tlie whole case ths^n t had before deemed it necessary to enter upon : — I Castlk of St. Lewis, Quebec, fifJtk November, 183(1. Sir,— I am directed to acknowledge the receipt of your li.ltcr, C the iJtith in* slant, and without pausing to observe on the unfounded and highly improper lan- l^uage in which parts of it arc couched, to acquaint you, that the Govcrnoriu- Chicf, in the early part of this month, transmitted to the Colonial Secretary, for His Majesty's information, all the documents connected with your case, includini;; those alluded to in your letter, and that he does not intend to make any further communication on the sul>jcct, unless the reply of the Secretary of State should 25 rt'ijuire it. With rospect to your reciucst for u copy of tlio orticiiil li-ltcr aildRsswl to Ili.i ExeollrjK^y liytlie Si'cretary of the Provinco, regariling your conduct usliia Agent, 1 littvc been directcil to inform you, that it is not the practice to furniwh copies of ufncial JocuincntA to private individuals, as that would withdraw from tlic i)ublic service too much of the time of those employed in the Government oHi- ces ; but that there will be no objection to allow any person whom you may depule to transcribe the letter of which you desire a copy. 1 have the honour to be. Sir, your most obedient humble servant, S. Wai.cott, Civil Secretanj, David Chisholaie, Eisquire. To this singular letter, I returned the following answer — deeming it high time to enter into a full discussion of the treatment I had expe- rienced ; and convinced that, in all future consideration of such treatment, every justice would be done to impressions fresh upon my mind, and which I had not hesitated to conmiunicate directly to the (juarter whence the injury proceeded : — Three Rivers, lith December, 183(J. Sir,— I have to acknowledge the receipt of your letter of the2!)th of November last. It is with considerable reluctance that I do so- But both its style and con tents, appear to me to be so much at variance with what 1 conceive to be due to me in my present situation, not less as a private individual than as a discarded public servant, that I can no longer abstain from replying to your lost communication at some length. It is but a duty I owe to myself. Here, too, it may be, that I shall speak of truths that are unwelcome I cannot help it- I am now reduced to a condition in which I must both learn and communicate much that may prove to be unpleasant. But it is equally the duty of your station, and the dictates of human- ity, that you should listen to me with patience and forbearance. Justitiam moniti. In acknowledging the receipt of my letter, of the 26th ultimo, you begin by stating, that you cannot pause to make any observations " on the unfounded and highly improper language in which parts of it are couched." Unfounded ! Be pleased, Sir, to look back upon this word, and reflect upon its meaning but for an instant. I shall not, however, indulge in the expression of my feelings. But " a wounded spirit who can bear 1" Unfounded ! What, 1 should beglad to know, is there in that poor letter, from beginning to end, that is really "unfounded"?" Could it have been " unfounded" to state, as I there did, that it was my determin- ation to appeal from the illegal, unjust, and arbitrary proceedings by which I Jiad been removed from office, in the just vindication of my fortune and character, against an act of high handed tyranny, unprecedented in Colonial history 1 Let us see ; to mc, at least, it is of importance thai the point chould be elucidated. ar) ■: ; ii. In confurinity with llic priictioc und pritu'i|ili's wf juotic*! aitilcquity, wati it, or cuulil it Ik^ u Iff^nl L'xrrciso of thn functiutiH uf Hid Excellency tliu Qovornor-in- Cliict', to ft)i!tcr anJ entertain against me, us a Pul)lic Oflicer of Qovcrnmcnt, a conii)laint for niiiiconiluct alleged to have been cunimitted by mo, in the humble capacity of mere private Agent to the Secretary of the Province, to whom alone, und to tlie laws of tlic land, I could at all be considered as responsible ; and that at a period oftiinc long nubaoquent to my resignation of the paltry employment, and u complete and honourable discharge from my constituent 1 The open and gene- ral right of complaining to His Excellency, as the head of the Civil and Executive Government of the Province, with respect to any malversation that may be com- mitted by a subordinate Officer of such Qovcrnment, in the direct and immediate duties of such office, I most readily and fairly admit- Without some such control, and redress of official conduct, every Government would become, what the Qov« crnment of this Province has long been— a nuisance initself— a stigma and disgrace to civilization —a bankrupt in means— and, like the shaven patriarch, the b'ind and feeble object of sport to a despicable and revolutionary faction. But I beg leave to deny, in the most positive and peremptory terms, and shall do so with my latest breath, that either His Excellency the Governor-in-Chief, or any other constituted authority, short of the judicial tribunals of the country, has any right or power to take cognizance, or to authorize others to take cognizance, of any misdeeds that may be committed in a private station, however enormous in guilt or well founded in fact. In pursuing a line of conduct diflerent from this humble but steadfast opinion, any Civil Government, constituted as ours still is, which, to the exclusion and entire suppression of the ordinary Courts of Law, should arro- gate to itself rights and privileges so diametrically opposed to th« first principles of legal and constitutional justice, would not only assume to itself an extreme author- ity, adverse to every precedent in good and free government, but subversive of the just equipoise, which ought ever to exist between the Judicial and Civil depart- ments, and by which alone the pillars and bulwarks ofthe State can be maintained. Far less, by the same authority, can the established law ofthe land be either al- tered or modified ; and, least of all, in a case where a public servant may be the private offender. In the present instance, the oiTence — if any could have ever existed — was neither committed in public, against the public weal, nor in any public or official capacity whatever— far lesH in the immediate discharge ofthe duties of any one ofthe offices from which I have been lately so unceremoniously removed. The same legal course of proceeding must be adopted, and the same rule of justice applied. The good and faithful public servant is not amenable, in his public capacity for the actions ofthe private delinquent ; nor can the force of condemnation reach him in the former quality, until he has been declared infamous in the latter : which con only be done in due course of law, and by a fair and impar- tlal trial before tlio onlinary tribunals of justice : but not— God forbid !— before such a Court as was lately establinhed in tliis town and nuiglibourhood, by the auttiority and under the immediate auxpiccs of His Excellency tho Oovernor-in-Chicf:— a tribunal, if so it maybe called, thatcan reflect but little credit on tho source whence it may have emanated, and which would not be tolerated in any other part of the British Empire, except in a country like tliit*, where, by the unconstitutional inroads of a bold but icpnorant faction, warmed and nurtured into giant strength, by an over- indulgent Parent Country, the very fountains of justice have been attempted to be polluted— where the Judges of the land arc mendicants upon tho bounty of their private friends -and where the whole system of law, jurisprudence, and polity, is a bye word and a proverb among every surrounding people. I re- peat, in one word, that no mere ministrativo authority can legally take cognizance of any private act of misconduct on the part of its ollicers, until it has been judi- cially proved and brought homo to them. Were the case otherwise, His Britannic Majesty's Representative in this Province might assume to himself^ with perfect impunity, those high and uncontrollable functions, which were anciently exor- cised by the deputies of His Most Christian Majesty : at any time have recourse to those unconstitutional and inquisitorial proceedings of the House of Assembly, so long complained of; and, every day ho rises, immolate, at the shrine of private resentment, popular clamour, or factious obloquy, some unfortunate servant of hie Government, whom, by his oath and office, ho is equally bound to defend and protect, so long as tho officer's conduct, unimpeached and unconvicted by legal and judicial authority, will justify him in doing so. But it has been hinted to me, in someone of your former communications, which I have no time at present to refer to, that it is in the power of the Governor- in-Chief of this Province, to remove and dismiss from office, any of the public servants of Government, without assigning cause for so doing- I presume thia hint was thrown out in full anticipation of the course which has been adopted on the present occasion, although it was deemed advisable, in the meantime, to screen and justify the transaction, by having recourse to the dogberry tribunal resorted tO' I did not, as you know, gainsay the proposition, nor join issue as to its con- stitutional accuracy; nor do I presume to do so on the present occasion, though I am far from being of your opinion, as I shall, at some future time, have an oppor- tunity of convincing you. But it is one thing to commit an act of overbearing authority, and another to defend and justify it— a point which, be assured, we shall come to in the sequel of my humble efforts to do justice to myself. Better) however, for His Excellency thus to take the responsibility of my removal from office upon himself than, by the extraordinary course which has been pursued, intrude his individual authority upon the law of the land and the due course of judicial inquiry. Better, and far more manly, however much in error, at once to wmm as auMuiuc tlic antucracy oniie Civil Quvornur, lima tiunt, and oltlruile upon (ti0 tta.rciJ fancH of juHtico a buHtai'd court of inquiry, without rule, uulliority, or |)reco- dvnt- BoUcr on Iiih own rink aitd rcHpoiisiltiiity, uiid in aucAx a cuho of extremity, fearli;8Miy to ruHii alonu upon the uurf and linnvkcru of an obxcuru point of aduiin- iitrativo autitority, tliun Dr^ to involve otherM in poriki, from which he Will nover bu ubio to extricate either iitu one or the other. Was it, then, or could it ponaibly be, legal, not only to entertain the complaint in quoMtion, but to it)t»ue un unheard of cotiunittHion totwoother olFicera of Qovern- ment, with power to conutiluto themnelveH into a court of inquiry and juntice, with respect to my private conduct, aw the private agent of one of those inquiaitorial judi;cii ; and in Huch capacity, like a Royal Court of AuHize and General Qaol Dc livery, perambulate the Province for evidence af^ainut me, at variouH limes and placed that I knew not of, when I wuh not and could not be prcMent, piid not per* mitted, cither by myselfor counsel, to crosbcxaniino the witnesries, or rebut achaos of unmeaning charges, never before attempted to bo made (he foundation of any penal proceeding'? What may have been the nature and extent of the powers conferred upon this exquisite model of a court of inquiry, 1 have not, as yet, htd the means of ascertaining— my addresses for information on that head having been rejected on ail hands- But if they were co-ordinate and equally extensive with the jurisdiction assumed by tho Commissioners, all which can at present be said upon the subject, u, that .hey are in exact conformity, and in the most perfect accordance with the unprecedented character of the whole proceedings, from be- ginning to end. Those Commistjioners, if so thoy must bo denominated, not sa- tisfied with the mere original right of solemnly and openly constituting themselves into a tribunal of justice, at a public inn of this district and county-town — with loudly proclaiming their authority, and general control over my character and conduct, and over every one who could give evidence against them, but arrogatirg to themselves all the pomp and circumstance of a court of original jurisdiction, summoned before them persons, papers, and records, and adjourned their proceed- ings from day to day, and from place to place. They gave it out tu be understood, among all persons having, or bound to hold, shop and tavern Wrcr^a, for the last five years, that if they did not immediately appear and give evidence— and by so doing exonerate themselves from the blame and negligence which really attached to many of them, for tho irregularity with which their licenses had been token up — »hey should be prosecuted for the recovery of the prescribed penalties. In this way, the new temple of law, so recently metamorphosed from the bustle and up- roar of a tavern into the solemn demeanour of a court of justice, was filled, from morning to night, and from day to day, for the space of upwanls of a week, with persons of every gr de of character, not only residing in town, but from all parts ofthia extensive district, fully instructed and prepared to answer in theafl[irma< 99 live, til qitciition* that tni^ht have a tondciicy, no! to nrquit, luit, on thefontrary, to inculpate th« obji-ct of ncrutiny : that object, an niri'ady ohiervcil, not having b«en preitent in penun or by counaci ; and who had niMthvrthc Hutisfoctiun northo mortiflcation of beholding thin groat modern prof^rcus, from liritt to laat, nor of being a party to any one of itn inoal extraordinary traiiHuctionH- Beaidca all ihii, the regular Bailiiri« of the Court of Kiao^'H Bench of the Uiiitrict, wrrc withdrawn from their ordinary official employment, and commiH8iori(Hj to acour every pariah, town and hamlet in the Diiitrict, for witnt'MMoit a^ainHt inc; and one of the CommiM- •ioners (Mr. Vezina) went ao far beyond the boundu of all decency and reasonable zeal, as, in this town, on a market day, and in the market place, pui)licly to inti- mate his anxiety to procure evidence against mc ! Not content with this, the Commissioners, in person, went from house to house, and from place to place, both in town and country, with the same view ; and there disclosed to the wonder- ing and atf righted inhabitants the full power and authority of their unparalleled jurisdiction. This, Sir, is no fiction, nor an overdrawn picture of the conduct of your Commissioners, on the occasion in question; but, on the contrary, and in duo time and place, the whole will be proven to the entire satisfaction of the constitut- ed authorities of tlio country- 1 would, therefore, hog permission to ask you, whether, in this Province of the British Empire— boasting, as it still docs, of British justice and freedom— of protection of person, reputation and property— where right is still administered— and where the courts of law are yet open, this new system of inquisitorial and retributive justice, set up by His Elxcellency the Govornor-in- Chief, with respect to the private, and not the public, conduct of an ui.i'.'. iocted individual, can by any possibility, or reasonable construction of law or equity, be otherwise pronounced than as highly " illegal V If so, then, why should any part of my former letter to you be so heartlessly and provokingly pronounced to be " UNFOUNDED V We come next to the " improper language," which you speak of. It were, certainly, a good thing, on many occasions, to be schooled into a strain of decency and propriety ; but, in the present instance, it were well if example would take precedence of precept : — " Respicerc exemplar vitao morumque jubebo, ^^ Doctum imitatoruin, ct vivas hinc ducerc voce*-' Permit me to ask you, how far the expression quote J is really applicable to my poor letter! I said that my removal from office was " unjust." I say so still, I feel that it was : I know that it was ; and, if God be pleased to spare my life, I soon expect to be able to make others also to know and feel the same incontro- vertible fact. Let me also ask, if, after what we have seen and heard of the timr, place, and fashion of the inquiry, in conscqnence of which that lemotal took |i^ 30 place, it was or could be ivat tliud to condemn anddisinidsmc frr the tierviceofiny Sovereign I In that service 1 have conducted myself for upwardsoi ten years perfect- ly faultless* It will be proved by impartial witnesses, that the d ities of niy several offices were discharged with fidelity and discretioii- Was it juat, then, to remove me from those ofllces, because some malig^nant private enemies had con- federated together, for the purpose of depriving nie of situations, in the emolumentt* of which they themselves and their relation^ and partisans, had long wished to participa't0 1 These enemies knew ne well ; and so do I thv^m* They knew me well as the stern, unflinching advocate of all that is ' /al and constitutional -of all that is conservative of sound principles of go' ^rnment— of undcviating attach- ment to my King and country— of long and laboriou' efTorts to promote a better state of public affairs in this distracted Province— of hatred to seditious and revo- lutionary factions-*of contempt for democratical principles— and for the employ- ment of my best ^florts to bring about a bctier order of things in the country- My knowledge of my enemies, forms the antipodes of all '. is; and it is, therefore, no wonder that they have long pointed me out as an object of merciless punishment- So far they have succeeded- But .because false, " unfounded," and unproven charges had been brough; ajfeinst me, for misconduct Elleg^d to have been com- mitted in a private and non-of!icinI situation, long after niy rcsigneticn and hon- ourable discharge from it, was it just to push me forth from two public oflices that had no earthly relation to the miserable one in question '' Even had the accu- sation been founded in fact— which it was not, and I have proved t!ial it was not — was it JUST, without any other trial than the mock one I have slightly depicted, to tiirust me totally out from public employment { Was it just thus to pronounce me infamous, nnd e-;po8e me to the shar-.e and niin of a legally convicted public offender, when, in fact and in truth, 1 never was so ; und dare my accusers to the proof of my ^ 'ilt before a more competent tribunal. But, moreover, I was tried, as already siatcd, without being present : the evi- dence taken against me, and aflerwards acted upon, was cvparte; it was not upon oatu or honour ; and it can be ehewn and proven at any time, ihat it was altogether extra«.ted under the fear of a penal prosecution. It is true, that 1 was furnished with an ex post fac^o copy of it, and jiermitteti to make my observations unon it in all the haste that two official communications from yourself coulu enjoin upon me. It is also truo, that in a poor stutc of health— at a most inclement season of the year— in bad and almost impassable roads— at much personal hazard and ex- pense~and amidst the gaze and pity of vulgar prejudice, i was compelled to travel *o the farthest boundaries of the District, in search of e 'i'lence to counteract that which had been brought against me. And I did cwnieract and rebut it- The . evidence which I collected, proceeded from the same- source with that from whic[ my dismissal was deduced ; and the charges themselves, as well as the evidence 31 erviccofmy ears perfeot- my several t, then, to es had con- ;inoluiiientit ^ wished to )y know me ;onal-ofaIl ing attach- otc a better s and rcvo- the employ- iintry- My lerefore, no )uni8hmcnt- 1 unproven 3 been com- cn and hon- : ofllces that id the accu- it was not — depicted, to ) pronounce icted public users to the it : the evi- as not upon ,s altogether 3 furnished ons unon it njoin upon It season of xrd and ex- ed to travel nteract that lut it. The from whief le evidencf brought up in support of tiiem, were totally and entirely refuted, word for word, and fact for fact. 1 repeat it, that even under the c'itficulties and c'isadvantages 1 have spoken of, the whole of the evidence upon which the .~'overno; in-Chief had been pleased to proceed against me so illegally, was, hi d now stan 's related, word for word, and fact for fact. Who, then, will say but that the means by which I have been displaced, have been not only " unjust," but highly arbitrary ! If so, what is there that is " improper" in the letter you complain of, and admonish in such harsh and unfeeling terms 1 Is it when oppression like this, stalks with impunity through the land - when the iron hand of uncontrollable power is stretched forth against an innocent and unoffending individual — when he lies prostrate at the feet of unjust and merciless enemies— when the heel of the oppressor is upon his no-ck— when the brand of infamy :s affixed tc the whole tenor of his private aiiti public actions— wlien he is denied tiic riglit of being heard in self-defence, the first and most valuable right o^a Briton — when the portals of legitimate justice are shut against him— when the finger of scorn is pointed at him — when he is chafed by the pitying inquiries of friends and the malicious insinuations of enemies— is that a time, I would ask, for weighing words as in a balance, and measuring out sentences as if by rub 1 I put it, no less to your candour than to your feelingj, to say, whether this be a time to deck oneself in the hjly-day garb of courtly expression, and in all the gaudy lrick« ery of the "language" of parasites and flatterers'? There is. Sir, a language of the soul, which some cannot comprehend : there is a language of the heart which some cannot feel ; s 1 there is a language of the innocent and oppressed which the obdurate tyrant can neither lathom nor understand, h', therefore, it should appear to you, as it ser-?is to have done, that my poor letter was conceived in cither of those languages, it is very easy to imagine why you have stigmatized it as " im- proper." I now come to the other matter contained in your last letter. iTou tell me thai', the G«vernor-in-Chief, in the early part of November, transmitted to the Co- lonial Secretary, for His Majesty's inforn ition, all the documents connected with my case ; and that he does not intend to make any further communication on the subject, unless the Secretary of State should require it. It may be, that, in doing so, his Lordship did well for his own sake ; but I must take leave to question the strict justiceof the measure, in as far as I am concernc''< Did his Lordship attempt to circumvent me by this v.nprecedented hurry in transmitting to the Colonial Secretary his own private and justificatory account of my trial and condemnation 1 i hope not. But did his Lordship really think that the matter was to rest here ; and that, with the sealingof his despatch, my fate and doom were also sealed, never more to be thought or heard of on this side of sepulchral oblivion? Could his Lordship, for a moment, suppose, that he wai> the solearbitercf my character and 32 fortune, considering the illegal manner in witich they had been ansailcd— that hia award was iinal— and that no re-integration of my singular and cruel case could ever again be made or eiTe^tcd 1 If so, his Lordship must, of course, have supposed himself to be, what the highest functionary in the Empire is not, and cannot be- above law and beyond responsibility- The worst sort of tribunals allow of an ap- peal, and it is only the decrees of tyrants that are irrevocable- Whatever his L ordship may think on this subject, it now clearly appears to me, that it was only r <3cessary to complain of me, in order to insure my d'?8truction ; and that his Lord- ship seems to have been no less willing to adjudge my condemnation, on vague and contradicted evidence^ than anx'.ous — it not to prejudge me in the estimation of the King and Colonial Secretary— at least, to justify beforehand his own share in the unexampled transaction- What other conclusions can possibly be drawn from the extraordinary resolution said by you to have been come to by his Lord- ship, in not making any further communication with respect to my case, unless the Colonial Secretary demanded it, as if the Colonial Secretary was the only one of His Majesty's servants and subjects who could bring him to an account, and compel him to be at least as just as he is powerful- But in this attempt to shut me out from all intercourse with Government, I leave his Lordship to reconcile so unfair a determination with that sacred duty, which, as the King's Representative, he owes to every individual of His Majesty's subjects— to protect and defend him as long as he may ^ rove himself worthy of it- You are next pleased to inform me, that ths official complaint made against me, and of which I begged a copy in my last, *as addressed to His Excellency by the Secretary of the Province ! This seems to be another strange feature in this remarkable transaction. But what right had the Secretary of the Province at all to complain of me to His Excellency the Governor-in-Chief, who neither legally nor constitutionally could take cognizance of my conduct as a private individual 1 It is true that I was Mr- Daly'ri private agent ; but my being so did not render me A jot more amenable to the head of the Executive Government. Did I not resign the miserable employment long beforcl Did 1 not give Mr- Daly my bond, and ihe m'lf ; respectable and unquastionable securJty the Province could . .x)duce 1 What says the bondl It says throughout, that I was 'bound unto Dominick Daly, of the city of Cluebec, in the said Province, Esquire, and to his heirs, execu- tors, administrators, and assigns, in the sum of five hundred pounds," and so forth. There is no mention made here either of his succes'sor in office, or of the Execu- tive Government, to whom I am complained of " Is rt so nominated in the bond "?" Py no means. I was bound to him personally as a mere accountant, and to none but the law of the land for my moral integrity, with which the Executive Govern- ment could have nothing to say or do, until legally convicted of an offence : and, surely, the tribunal opened here, and the award pronounced at Cluebec, will never 83 be admitted to be either just or legal- Was I not, then, personally and directljr responsible to Mr. Daly 1 Were not the Courts of Law, civil and criminal, open to biin, if he thought himself privately or publicly aggrieved 1 But it is no won- der, considering all things, that I was condemned as I have been. The illegal course of the proceedings had against mc— the extraordinary manner in which the investigation was conducted throughout— and the iniquitous and contradictory tenour of the evidence brought against me, but afterwards so irrefragably refuted, can no longer be a subject of wonderment to any one. But " to every thing there is a season, and a time to every purpose under Heaven : a time to kill, and a time to heal : a time to break down, i .id a time to build up." You then proceed to inform me, "that it is not the practice to furnish copies of official documents to private individuals, as thai would withdraw from the public service too much of the time of those employed in Government offices." The re* fusal to comply with my humble request, and the reasons assigned for doing so, arc equally novti nr.J unsatisfactory to inc. What! try and condemn an individual without u )n\). ' '.a tlie poor gratification of becoming acquainted with the charges bi c iglu against him ! In what country do we live ] One would sup'* pose that, instead of being the rightful inheritors of British freedom and justice, wo had of a sudden become the unhappy subjects of some Orient despotisM, where the will of the chief is the Irw of the vas.sal. And i:: it come to this 1 God help those who become obnoxious to a power that is without controul or responsibility ; and may The Friend of the friendless shield and protect the just rights of those who may have the misfortune to be dealt withal as I have been, during the whole of this extraordinary business, from bcgirning to end. You refuse a copy of the "official" complaint m^de against mc, and which was made the foundation of the procedure adoptod to ruin mc. You do well t fet, strange to tell, you assiyn a? a reason, that although private individuals are amenable to "official" con •,';■). Us, their rights immediately afterwards cease, and they are no longer entiti oi '^ * ' o an impartial trial or to the common courtesies of official persons, as t'm >' • 35 forded me tlie scanty and precarious means o( existence. If I have not used it with abihty, I truat it will never be said of me, that I have used it in any othor cause than for the promotion of piety to God — loyalty to my Sovereign — obedience to the laws — peace and content- ment anion^ the [)eople— and the extension of the boundaries of true freedom and ^ond a;ovpnmient. 'w I minfn^mmitiimmm