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•y
A N S W E
Printed L I B E
ENTITLED
" A REPRESENTATION to the F
" between Gilbert Barkly of Phih
« Hay of Quebec:'
I WENT to Philadelphia, in "July, 1762, as Mr. Barkly meiltio
with him, for our whole Tranfaftions in Trade, from the Commi
nerihip, bearing Date the 14th Day of June, 1 756, as he had a
Philadelphia, concerning the fame, preceding the Time Heft him at
to fettle with me for any of our former Tranfaftions at Philadelphia, I^t
,7^7, which- were confiderable •, he only would fettle with me fi
andconfequently an Agreement was drawn up betwixt us, dated the
there is the following Paragraph, viz. ■ , e
" And it is further ^reed, as the above Settlement is only trom s
" keep'd by John Hay at ^ebec, and not fully fatisfaftory to Gilber
" Books, if any Miftake is found prejudicial to the Intercft of the^
«' (ball be reftified and paid to him, by the faid John Hay •, and in
'»» Miftake (hall or may happen, prejudirisil to the Intereft of the ix
" hiti) by Gill>ert Barkly : And that in Cafe the faid John Hay Ihoulu I
" fions, (^c. that may have happened in the liiid Gilbert Barkly's Be
" be at free Liberty to examine the fame."
Bvthe above Article, I reckoned myfelf fully entitled to aRevifal ol
at any Time thereafter, which was the Reafon of my figning faid A
my agreeing to take Two Hundred and Forty Pounds ^r.becCim
gained at Louijhourg Ls mentioned. The Sum I obliged myfelf to pi
fand Two Hundred and Forty Pounds, one Shilling, ^.-becQurctn
Paragr,aph, in tlie above mentioned Settlement ar Philadelphia.
" The 'laid John Hay binds and obliges himlelf, to pay to the
" Three Thoufand Two Hundred and Forcy Pounds, One Sliil
" Space of Nine Months after the Date hereof, being his full T
•' Debts, EflFefts and Prtofits gained in CtinrJa till the 30th Day <
" Coftof a Cargo of Goods, lent from hence to Stuebec, per the
•' August laft. In Confideration t'aereof, the I'ihI Gilbert Barkly rcl
" tentionshehad to the Goods, Debts, Effl-a'i and Profits mCana
The Vendue Mr. Barkly mentions, was in Confceiuence of the f
ment.
" It is mutually agreed by both Panies, That whatever Part o
« ftiall be difpofed of at publick Vendue, before the firft Day of
«• drcd and Sixty-three."
All the Goods and EffeAs, belonging to the Company in Canaa
fore the lothDay of April, 1763, Part of which were bought in 01
was of Ufe to the Sale about Three Hundred Pounds this Current
Articles, they would have been fold to others for that Sum lels •, ai
I had not an equal Right with others to purciiafe.
It is trUjB, in October, 1763, I remitted to Gilbert Barkly, by j
duc-Mafter's Accompts; alio Gilbert Barkly'% Accompt Current w
was only a Balance due tdhim, of Two Hundred and P'orty-feven
Pence, ^ebec Currency, in which Accompt, I did charge the T
Mr. Bvkly faysj but this cannot by, any Means, obftru.ft any futui
upon the did Gilbert Barkly, providing I (hould find anv Erroi
Books at Philadelphia, to my Prejudice.
From this State of the Cafifc the impartial Work! will obferve,
and what Reafons my Counfel had to udvife the Cancelling of the i
the Examination of the Company's Books at Philadelphia, fince tht
S W E R S
TED LIBEL,
ENTITLED
TATION to the Public, of Affiilres
IT Barkly of Philadclphiay and John
»>
r«/v, 1762, as Mr. Barkly ment'iotw, in Ortkrto fettle there fully
klions in Trade, from the Commencement of our Articles in Part-
iDay of 7««, 1756, as he had all the Books in his PonefTion, at
, preceding the Time I left him at Loutflmirg ■, but he did not chuft.
ler Tranfaftions at Philadelphia, New-Tork ami Halifax, m the Year
he only would fettle with me for our Tranfodions in Canada,
IS drawn up betwixt us, dated the 25th of Oftaber, 1762, in which
he above Settlement is only from an Abftraft taken from the Books,
and not fully fatisfaaory to Gilbert Barkly, That uvK>n revifmglaid
prejudicial to the Intereft of the Ikiil Gilbert Barkly, that the fame
im, by the faid John Hay •, and in like Manner, if any Omiflion or
irejudiritil to the Intereft of the fa:d Jchn Hay, that it ftiall be paid
X in Cafe the faid John Hay IhouM linil or M\>cd. any Erro \ or Omif-
cned in the liiid Gilbert Barkly's Books at Philadelphia, 'at he fhall
le fame." • r- ,
1 myfelf fully entitled to aRevifal of all our formerConcerns inTrade,
s the Reafon of my figning faid Agreement, wherein that Claule ot
ed and Forty Pounds i^rbec Currency, for my Share ot the Profits
The Sum I obliged myfelf to pay Gilbert BarMy was Three Thou-
unds, one Shilling, i^a.'i.v Currency, wHxh aj^Jrears by the following
ed Settk-mcnt at Philadelphia.
d obliges himlllf, to pay to the faid Gilbert Barkly, The Sum of
■ed and Forty Pounds, One Shilling, Quebec Currency, within the
he Date hereof, being his full Two Tliirds Siiare of all the Goods,
ncd in Canada till the 30th Day of Jpril, 1762 : Alfo the full firft
It from hence t) S>uebec, per the Sloop Diamond, the i8th Day of
t'aercof, tiit- I'.v.d Gilbert Barkly rcfignsto the faid John Hay, all Pre-
Debts, Effe^'i and Profits in Canada, to the 30th of April laft."
:ions, was in Confceiuence of the following Paragraph in faid Agrcc-
3th Parties, That whatever Part of the faid Goods ;emains on Hand,
Vendue, before the firft Day of Jpril, One Thoufand Seven Hun-
elonging to the Company in Canada, were fold at public Vendue, be-
3, Part of whicli were bought in on my Accompt, by which Means I
iree Hundred Pounds this Currency •, for if I had not bought ieveral
fold to others for that Sum Ids •, and the Public may judge, whether
hers to purchafe.
I remitted to Gilbert Barkly, by Jamer Skinner, his Clerk, tlie Vcn-
Ibert Barkly\ Accompt Current with me, to that Time, where there
of Two Hundred and Forty-feven Pounds, Eleven Shillings and Six-
ich Accompt, I did charge the Two Hundred and Forty Pounds, as
by, any Means, obftru.a any future KecoiiHe, I ought or might have,
providing I (hould find anv Errors or' Omiflions, in the Company's
rejudice.
the impartial World will obferve* What Reatbns I had toafk Couniel,
;d to bdvife the Cancelling of the above Agreement, will appear after
y's Books at Philadelphia, fmce the Commencement of the Partnerrtup.
On Ml. Barkly'^ Arrival here, 1 treated him, in every Ret'peft, as a Pcrfon I would willingly keep
on gooil Terms of Friendfhip with, and did fleliver him all the Books and Pupers necctlary to give him
a till! Light into ail my Tranra«ikion» in Traile in Q'nada, \n which were ilic nooks he mentions : And.
a regular Set matle out from the Day-books in the Years 1759 and 1760, at which Time I had no
Clci-k to afTift mc in writing in the Day -Books, making out my Accompts, tollcding niy Debts, and
writing and copying my Letters (nor could there any be procured at that Time here.) But upon Mr.
Barkly's afking nie for faid Day-books, I readily gave them to him, and in which Books, from the
Hurry and Confufion Bufincfs was carried on here at that Time, I make no Doubt but many Errors
may appear, both to Mr. Barkly'i Prejudice (hd,minei but the " Widh St: ides" Mr. Barkly favs
are taken to defraud him, I flatter myfclf, thiTCandid and Impartial will ful'pend their Opinion of, tdl
Time and the Courfe of Juftice may put them i^ a juft Light. I afltcd a Pcrfon, whom I thought was
a proper Accomptant, and defired of^him, if he would engage to examine my Books "vith Mr. Barkly,
but he refufcd to doit-, and confcious of no Fraud in my Books, reflgned the Whole of them to Mr.
Barkly and his Clerks, to make them out in any Manner they pleafedv and told Mr. Barkly, that I
(hould be always ready to anfwer him any Qiicftion he w>nted from tnt concerning the lannc, which /
frequently did. As to my Clerk, I told Mr. Barkly, he (hould give him any Afliftante he wanted,
but that he did not underltand how to poll: up Books regularly v however, by Mr. Rarkly'i Defirc, he
attended at examining the Books for fomc Time, but he had no Knowledge of any of the Tranfaftions
that were in faid Books, as he was not with me during that Time, and hail he been ciuahfied for fuch
a Tafk, I jiad no Occafion to feek further for an Accomptant. As to George Ricban, whom Mr.
Barkly got to examine the Books, I told faid Barkly that he was an idle, worthlefs, drunken Fellow,
and not fit for fuch a Talk -, and Mr, Barkly anfwercd, " that he would endeavour to keep him from
drinkinw," but I have feen faid Rieban, when he (laid at my Houfc, and was working at the Books,
fo drunK before Breakfaft tiiat he could fcarce (bind, notwithftanding of which he continued all the
Day working at my Books. A very fit Perfon to difcover Errors !
Mr. Barkly and his Clerks muft have loft a Day, for they had all the Books in their Poffeinoh;
Monday the 3d oiSfptember, but the Morning of the 4th probably thev might have found the Books
I delivered to them milling •, for on that Morning, after ne had found them removed, de defired to
leave the Difpute that was betwixt us to Arbitration, and had the Bonds drawn out of that Date. There
were no Books or Papers taken from Mr. Barkly, but thofe I delivered to him here 1 and thofc Setsi of
Books wiiich he fays were polled by himlcif and Gtor^e Richan, muft have been wrote in the blank
Parts of the Books I delivered to him. ' .
The Reafon of my taking my Booki from Mr. Barkly, was. That as the Tranfaftions here were th<;
the laft Part of tiie Company's Concerns in Trade, I thought it was moft proper that we (hould begin
our Settlement from the Commencement of our Partncrlhip, and not at the Utter End of it, and carry on
regularly from the Beginning, the Profits or Lo(res that might have happened, in the different Places
where we were concerned in Trade ; as had the Canada Connexions been finally adjurted, I found from
former Experience, that I could not conlide in Mr. Barkly to do me Juftice, for all, or any of our for-
mer Concerns in Trade. Thus much for Answer.
Tc which J do fubjoi9 the following Narrative of our principal franfaifious in Trade, prior to our
Canada Concerns.
ON the 14th Day of June, 1756, a Partnerlhin was agreed on and concluded between GiUert
Barkly, another Peribn, and myfelf, under the Firm of Barkly i^ H^ from the
Camp before that Place, Bilk of Exchange to the Amount of TwoThoufand One Hundred and Seventy-
three Pounds, Eighteen Shillings and Five Pence, Sterling; and afar the Reduftior. of L««iA«r^
many Purchafes were made by us, of Prize Goods and VefTas which enabled us to load there, Three
VelTels for different Markets, to the Amount of Three Thoufand and Twenty-four Pounds, Iwelye
Shillings and Eleven Pence, Halifax Cumncy, exdufiveofaStock remaining on Hand i fo^thatbyan
Inventory taken at Louijhourg, on ihe Firft Day o(Januar,,i759, ^^c greateft P^f «f T^J'Sf^Jj^^'^-
tory is wrote by Mr. Barkly himfelf •, a neat Balance of Profits (after Deduftion of aU the DeUs ^e
weJ^e then due) appears in Favour of the Houfc under the above Firm, of Five Thoufand Eight Hu?.
dred and Swty Pounds, three Pence, i/w thc.n tu tbetn with
t ever I reccivctl any GwKh from him on my Account, finer the above-
lflpbi(i\ anil the MotivM irwlucing him, v> hring me in at a (jrctended
; Thoul'anil One 1 lunilreii «ik1 Nmctecn Pounds One Sitillinj^ and Four
But nothing could be more unnatural, than to lay an Ai'lioii of that
:onfit