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Some time since 1 wna summoned to attend a committee of the Assembly, to give i>vii- dcnce respecting what is termed " the Hamilton outrage, and the threatened release of Francis Collins by force." I did not consider myself bound by the law of the land to •bey such a call ; but ready to meet the wishes of the committ;^e, I attended cheerfully, at much personal inconvenience and ex- pense ; I was examined, but enjoined to remain — I did remain-* was again examined — reporlrd contumacious, and commiUe<.1 to jail unheard. On Saturday lasfl' underwent the seconi t >iimi- vatiou resj^utttuig tlA^irivolouB busiuess, ubout which th r rv 1 ^f- f2l tbe ffonse is wsstecl — an enormous expense to tlie cauntry {nrtii"* rti!,aiid tli.' C'laracter of the District of Gore attempted to bo in.^ licated. Many frivolous questions were asked me, but I pa. iently answered so long as any relevancy to the subject matter could be discovered. Permit me to remark, that although I was surnmOned by a Mr. 61aoklock,Ifound Dr. Baldwin (well knowa fo bis political eminence, and high legal attainments) acting chairman pro tern as he said. The Doctor has long indulg d a most vindictive animosity towards me, and has long pined for an oj^portunity to oppress — he cannot crush me. His friend Mr. John Rolph, is still more inimical, and is one of the committee of course ; a Mr. Perry, about whom, as I can say no good, shall say nothing, was another. Such are the people who pretend to do the public business of the country, who pretend to be guardi- ans of the freedom of the subject. Dr. Baldwin, from the outset of the examination was not only uncourU ous, but rude and un- gt ntlt'minly in his behavior towards me, as I can prove ; but I however bore meekly with his manner, not unusual to myself or others he happens to dislike. At length he inqjiired wbt)tlie» I had ever seen the petition ot Francis Collins, meaning a petitioa of : ome of the inhabitants of the District of Gore in favor of the said Francis Collins, to which I answered I had not, but that I hiv\ seen a copy of it published as an advertisement in the Gore Gaz-nte, I added I conceived it a question I was not bound to aii'^wcr before that cemmittee,as I was only summoned to answer such questions as might be put to me relative to the '^ Hamiltou outrage, £.c." and besides, that I was not prepared for any ques« tio MS relative to Mr. Collins or his petition, or to that effect. I also stated that if the connection could be made to appear between the question put and the occurrence at Hamilton, respecting which I was called to give evidence, I would readily answer, as far ,!•> was .,;t*;in my kiiowledfre. I also added, tliat if the run- tlittve should ovcnulti ii^Cy k would of aow^ suum^n^ but tjnat M( , ']:>>• •-0 ,".1, , tlie cauntry mcui^ e attempted to bo asked me, but I the subject matter ^at although I was IvvinXwell known tainments) acting 8 long indulg d a long pined foraa His friend Mr. of the committee say no good, shall le who pretond to tend to be guardi- in, from the outset but rude and un- [ can prove ; but inusual to myself inq))ired wkuthe* Meaning a petition )re in favor of the id not, but that | ment in the Gore i^as not bound to itmoned to answer >the '^Hamiitou red for any ques- to that effect. I appear between lilton, respecting eadily answer, as , tiiat if the f Mn- subimi^ but tjuat {31 T did not wish my answer to be taken d<»wn, tinMl the commin'-e shoiild first decide whether I was bound to ai. vwrtliat o.>.-' on. I was next asked whether I had any idea of the circum. ances ^hich gave rise to the hanging of Sir John Colboriij in effiji;y,to %vh.cb I answiered I had not ; I was further asked whether 1 "lad 6een Mr. Gurnett's remarks relative to the aforesaid petition in bis paper of the 24th January last, I replied I had not ; Mr. Baldwin, chairman pro tern; then tendered me one for peruifal, efttr which I was asked if the remarks contained in it were cor- rect ; I respectfully submitted the question was irrelevant, and that I was not bound to answer it, not having been summoned for such a purpose. The Doctor then peremptorily desired to know, whether I would or would not answer the foregoing qius- tions; I said I wished it to be understood, that with pertVet zespect towards the committee, and with all due deiierenct, 1 did Hot think I was bound to answer such a question. I was then interrogated whether I had any reason to believe fhat ihoro werp any fooling^ of indignatiou with the peoplf of Gore District, against Mr. Gurnett,for his said publication oi \\\e 24tb January last, when I answered as before ; I was furliier asked whether I understood Mr. Gurnett's effigy had been liang. ed before that of Sir John Colborne, I said I understood it was, 1)ut that I did not consider that I was bound to answer that question. I was asked what the feelings of the people of Gore were towards Sir John Colborne, and in answer, I submitted to the Committee whether the question was a proper one ; that it wat impossible for me to give the opinion of the people, and that I could only speak for myself, that I had no objection to give my own opinion, which was that I thought the feelings of the people generally, were good, and what they ought to be as good subjects, t»n<) I again stated to the com nfittee that in rtiy opinion tlie qu;^8» tiou v/9» m ii^pr^fer o&e, iu «s mucb as my answer could uot be (4J jffatisfactoiy, ant! miglitdo me injury in the District; I might be mi-ripr. onted, or my meai)ing misuuder:>tood, and 1 co!i(<:)\ed the questions not pertinent to the subject matternientioned ui the SunMijous, or such as a Court of Justice, on any similar occasion, Vo '.'-i permit to be asked. I am of opinion that many of the abokt questions were put to me by Mr. Baldwin the chairaianj frorii unjust motives, to draw me into the discussion of doubtful 0!»'i disputable subjects resting upon mere conjecture or opinion, witi) a view of ensnaring me, and not from any desire to elicit iulormation, for any beueticial or useful purpose, and therefore I feit the more justified in declining to answer them. Un the evening of the same day Pr. Baldwin reported to the House, in substance that 1 had been called before tbe said com- mit lee, and that questions to the following effect being put to me} I refused to answer. Have you seen the petition in favor of Francis Collins ? — Re-* fuses to anf^wer. Have you any idea what circumstances gave rise to the hang-i ingoi' Sir John Coibomn hi ttf&ay '■ — ■>*^' is the remark of JVir. Gurnett in hiu paper of the 24th Ja.iuaiy lat-t relative to the petitioners correct r — I am not bound to an- swer that question, as I was not summoned for that purpose. Will }0u or will you not answer this question r — I wish to be lind<:r*tood perfi'Ctly respi ctful towards the committee, and with alt aue defference, I do not think I am bound to answer mat qut^'ition. Hcive you any reason to believe that there are any feelings of indignation with the people against Mr. Gurnett for the publica- tion of the 24th January last? — The same answer as befon-. I oni not called to say anything relative to Mr. CoUiub or Mr. Gurnett. Did you understand that Mr. (iurnett's effigy was hung before that of Sir Joim Colborne r — 1 understood it was, but I d> nol conceive I am bound to answer that question. Upon this partial and uncandid rejiort, the Doctor, seconded hy ^ir. l^erry., and supported by Dr. Rolpft, moved, aud (straoge to say) it w«8 retiolved b> a majority of the. House K^^ ►'Strict; Im/ghtlje [d, and / coih iMed ermentiautd ui the ly similar occasion, that many of tlie win the chair.nan, f-'ussion of doubtiul yecture or opinion, ny desire to elicit 'se, and therefore I them. via reported to the :fore the said com- 5t being put to me, MJis CoUins ?— Jl^^ « rise to the hang^ f the 24th Jaiiuaiy I not bound to dn- " that purpose, on f— I wish to be ninittee, and with >d to answer mat re any feelings of tt for the pnbiica- tveras beibrt. I r. Collins or Air. was hunjj before was, but I d > not Hoitor, seconded ed, and (strange ($] That Allan McNab, Esq. having li fused to answer questions pat fo fiim bv the select committee, and otiu rwist^ misji mra'iiiiii; I'iin- seit before said committee has been <;;uilty of a high orcsicn and contempt of the privileges of this House. YEAS. — iMessrs. Baldwin, BlacMo-k, Brouse, Buell, Caw* thra, Dalton, Hopkins, Hornor, Ketcliuui, Kilborn, J^eiierty, Lockwood, McCall, McDonald, McKenzie, Maicoui, Pein , Pe^ terson, Randal, J. llolph, G. Bolph, Shaver, Smith, Terry, Titomson, and Woodruff. >«' AYS. — Messrs. Attorney General, Berczy, Bethune, Ewing, Fotliergill, Eraser, Hamilton, Henderson, Longiey, Radeuiiur^t, Sumsou, Wilkinson, and Willson John. 'i'hat it be resolved that the Spt aker do issue his warrant directed to the Sergeant at Arms, to apprehend the said A. tic- NiiN forthwitli, and bring him to the bar of this House on i':on- day next, to answer for such contempt and breach of privilege. Which was ordered — 26 to 13. I was accordingly arrested, and arraigned at the bar on Mon- ilay the IGth instant. Here I beg to point out to you, that 1 was condemned unheard, without any opportunity of making a defeut e, of refuting mistatements, of explaining my motives, or of poii. ;::j out errors or om^ooJoMa, upon the expart«t state^aents of niy accu- sers. At the bar, tho' not called upon to extenuate ray alled^ed misc'onduct I took the liberty as a free subject, humbly in the face of the world to offer the following observations, which \ did. i hope, with the firmness of a man, but with all becoming respect. Mr. Speaker, I have perused the Warrant under which I am brought to the bar of this honorable Hous< (and witiiout being undn^itood to admit the legality of my arrest aiid detention) I beg to observe, thai from the process, I only learn m geneul terms that 1 have bttn adjudged guilty of a high contempt and breach of the pri- vileges of this honorable House, in having refused to answer questions put to me by the seh c (on.mittee appointed to luquire M.rowhatis termed "the Ham jloit outrage, and the allediivd tliK uteiied release of Francis (Joliins by force," and inothervMse »i.M.emeaning my sell before the said committee. LInd r sudicircumstniKes, 1 can !ioc Si»( complain of being prematurely judged, without eiyojiug a ngut iuviolaoly fecured M ISyOTir plorlous ponsfihition to the meanest fnhn^ wT)enerer at* tai.niied before atiioniial of justice. As lonjj; as the rt solutions, which it seems were passed against me, in my absence on Saturday evening, remain recorded on the journals oi'this lionorable House, I cannot but feel niyselt accnsedf tried and convicted J not only unheard, but without notice or inti^ miition, upon the exparte representations of my accusers, an(| vn<] -r such circumstances, I am impelled to regard the doors closed against reply or explanation. Even were the resolutions rescinded, I am constrained respect- fully to remark, that I could not with a confidence equal to the juuice of my case, and the innocence of my conduct, cheerfully eii^wt r m a place in which I had once been so hastily condemned. I am in the power of this honorable House, but 1 trust still binder the. shelter of the British luvvs. Against the decrees of this honorable body, I, an humble, and let me add, an unoffending individual, am ill able to contend, but fti\ fate to-day may be the fate of another to-m >rrow, and of hundreds in time to come ; the public whose liberties are dear to them, are as much, nay more concerned than I am in this unu- sual preceeding. To that public I can appeal for vindication, I .have no other alternative. To my country I shall turn with coi\- fidence, but whether sustained by its voice or not, there is a Hptrit of patri<(>tism IniiAminjiiiny brca»t, as a British subject, a nativa oi Canada, and an innocent man, that forbids me submissively to yield to the infraction of the best rights and privileges of the |>iople in mypeisoD. ^ With all due deference and respect to this honorable House^ 1 most respt ctfully claim protection, Sir, as a subject of my most gracious sovereign ; I claim the birthright privileges of a Cana- dian inhabitant under the sacred auspices of the English law, dispensed in the spirit of British justice. Would you believe that instead of unanimously applauding me for speaking fully the sentiments of a free-born Canadian, Dr. Bald« fvin, seconded by his friend, moved that this address be voted ano* ther breach of privilege, as if the privilege of complaint even v» as to be denied me, and implicit silence to be imposed upon an inn(H cert person condemned unl\^d. Tl|e^ majority would not ix,b '^ch lenisthft, jk thej voted tiitit'I i^hcmld te ^mmittevi^i add 4&me of ihem, because of m^ offensive ; so i and party feel people of Gor< dier during th )t is my misfo of those eneu ^iiy one that BaMwin and t tlie whole oft I saw that un( on me. I sav «nder the ficti t^engeance on individual to poses, and to fron^^^me^enti you. They i were assailing District, and the first of he deserter of n because I wo posed to me, jbefore convic "was because their little br was because wrong, that t /recdom of i the subject ,gbme of t'hom, 1 am toW, say they gave tli'M'r \'rtt<»« a«?!»?n«t m«| because of my speech, although they had (lecridi'd it ot hoin^ offensive ; so much for consistency and honor, when privnte pinuo and party feeling get the hetter of truth and justice. Now erood people of Gore, I am a native of this province, I served as a sol- dier during the last war, I have ever since resided in the country. Jt is my misfortune to have enemies, and it is the misfortuuo of those enei»ies, I say it is their misfortune to be vindictive. Jiuy one that knows the animosity ranklitig in the breast o( Dr. Bal.lwin and the Rolphs towards me. will be at no loss to unra\ el jUie whole of this strange conduct. T knew and felt their ohj -cL I saw that under pretence of right, they were trving to trample on me. I saw that under the f^lse prc^tence of contumacy, and «nder the ficticious plea of privilege, they were seeking to wreak vengeance on one exposed, but no more exposed than every othes individual to wanton abuse. I saw that to gratifv such low pur- poses, and to ruin me in your esteem, they endeavored to wring froin^^_^entiments \xl"c'^ t^Y hoped would be obnoxious to you. They saw that in me, a humble inbvbitant of Gtire, tHey were assailing the rights, liberties and characters of the whole District, and I was resolved, come what might, I would not be the first of her free sons to prove traitor to her liberties, the base deserter of my country's rights. For this I am here. It is not because I would not answer the idle and absurd questions pro* posed to me, for if so, why was I not called upon for a defence, Jl>efore conviction ? It was because I would not libel you. Ifi was because I would not crouch to my personal foes, clothed in their little brief ciutliurity, and the assailants of your lights. It was because I was too iudepeudant to succumb to the oppressors wrong, that they have done this. The case is before you, the jfret (iom of the country is infringed, the rights and liberties of I the subject are truui^^led io the dtf£f by tliuse who ought tp b« I ... ■ ^:i . i ' --a ■' w^ •V ♦4 .#. ^^^~.:^j^ [B1 the guftrdians of both, the abuse of an usurped autborify Is want- only put in force against me, because inimical to them and true to } ou. I turn to you for vindication. If approved by yoii i desire no more. It is for your sakes I suffer. Your approbation fvill sooth me. The redn s» of my wrongs, and the assertion of your rights, are 'nseparably hleii(U'd together. If you desert me tinshellered to the pitiless storm of the wrath of my persecutors, 1 shall regret it, but not repine. My consolation is, that undef all circumstances, and at all times, England expects every moM to do his duty ; and that T have stood by your rights, and done mi?ip. To many of the Assembly for their able exertions in the cauM* of freedom and of inno«'ence, I am exceedingly indebtpJ. I s' all add lists of Yeas and Xays, that vou may be aware who «tood by the helpless, and who wi the other hand, so hastily con« demned one of your fellow subjects, without a bearing. I have hereafter more to sa\ to you on this subject ; I regard it as one «f vital importance to Upper Canada, if liberty or law are to be Jir' v^'iiptwned ••n^qjigstjiaj^ },_ •.-•»? \ A t I I I .(,<■ ,i7, Februa^if 24, 1829. H ^' ^itu nf Yeas and Naifg^ on Mr. McKenzie's motion for com' mittui'i i\ir. McNiib tcjtison: — YEAS — Messrs. fcal-iKin, Blacklock, Brousp.Euell, Cawthra, | Ho];kii;s, liorner, kei.iium, Lelierty, Lockwood, McCalJ, Mc- A I)oiial(., Mackenzie, Aiii« olm, Matthews, Perry, Randal, George j Kolpli, Johu Rolpli, iSiia^.^jr, Smith, ThMQsaf;^- James Wiisca, j^ IS'AYS— Aiessrs; Attov..e)f General, Eerczy, Rethune,,' t)fc1k» J| :ih f. It t .1 r 1 the . To many of the Assemhlv for their ahh' exertion^, in the cause of freedom and of innof-nce, I am exceedina;ly ind»'hf«'d. I s'^all add lists of Veas and Nays, that you may he awarr who Stood by the helpless, and who. on the otiier hand, so hastily eon- d^mru'd one of your fellow subjects, wit''Out a hearinaf. I ''avc herfaffer more t? sav to you on this subject; I regard it as one •f \ ital iniportanfe to Upper Canada, if liberty or law are to be maintained amongst us. ALLAN NAPIER McNAB. 4' I 1. f Xork Jail, Fehmary 24, 1829. List of Veas and NaySj on Mr. McKenzie*s motion for com" Hoitiii; Mr. Mcl<8b to prison : — * I'.AS — Messrs. baldwin, Blacklock, Brouse, Buell, Cawtlira, Hojkit ', llorner. Ketchuni, Letferty, Lockwood, Mc(!all, ^lc- Lonai., Mackenzie, Malcolm, Matthews, Perry, Kandal, t^iorge Loipii, John Kolph, Shaver, Smith, Thomson, James Wilson, aiii Woocinilf, 24. >*AVS — i\iessi«. Attorney General, Berczy, iUthunc, Pick- 601: I v.iii-.,, 1 oiht'ij, ii; i lutr, li<,iiiinoii, . rn.iiiou, Loi.;;ky, A < t ar, i etciisoii, iiautiiuuibt, 'iui'i>, VViliiiii&uU) auu Joiim YViiii>oii, m. I' iV'