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To f/i^ Honorable House of Representatives of Massachu- setts, in General Court assembled: THE PETITION OF ROBERT FLEMING GOURLAY ^timbla Sljotnetl), That your Petitioner is a native of the Parish of Ceres, m the County of Fife, Scotland; That, he was employed by the British Government m the years 1800 and 1801, to travel through certa-i parts of England, and report as to plans for betterii.a the condition of the laboring Poor; That, he did report in the month of March, 1801, and that, soon after, a Bill was brought into the House of Lords, by the President of the Board of Agriculture, to accomplish what your Petitioner had proved beneficial; but the Bill was thrown out, and for ten years thereafter the Poor were despoiled of their property and rights, tm, m tact, the greater part were reduced to hopeless paupensm ; That, your Petitioner, foreseeing miserable conse- quences, did, in the same year, 1801, devote his hfe to Detteriug the condition of the Poor of England : has con- tinned trae to that resolve ; nor has he yet abandoned his object. That, in the year 1817, he, with others, had a petition presented to the House of Commons, exhibiting a scheme for reUef of the Poor ; but complete fulfilment requiring Emigration, your Petitioner left home the same year, intending to land at New York, there to es- tabhsh an Emigration Society, and to explain to the people of the United States his projects ; but accident landed him in Canada, and gave rise to other projects for the same end ; That, in prosecuting these objects, your Petitioner stirred up jealousy in the Province, and was driven out of it ; That, he went on petitioning the British ParUament, during seven years, viz. from the year 1820 till 1827, inclusive, to draw attention to his benevolent designs, without avail, and did, thenceforth, turn his attention again to America for countenance ; That, he recrossed the Atlantic, 1833, again intend' ing to establish Emigration Societies, but political fer- ment did then and till now render all hopeless ; That, the late treaty with Great Britain has once more revived hope, and he would be happy to lay his projects before the people of the United States, still, That, the sole object of this Petition is, to record the above facts, with a view to after reference, and he now respectfully entreats your Honorable House will receive and preserve this Petition in order thereto : And he will ever pray. ROBERT F. GOURLAY, Marffforp' Hotel, Boston, ) February 20, 1843. J N. B. Presented same day, by Obed Barney of Nan- tucket, and received. TESTIMONIALS.* TO CULTIVATORS OF WILTSHIRE. ■ ^J- ^'i'^'l^y' \**?T°f I^eptford Farm, now a candidate for the Chair of Agriculture in the Edinburgh University, invites the Cultivators of Wilts, to consider whether he may be qualified to fill that honorable situation. PublUhtd in Salitbury Journal, January 17, 1831. We the undersigned. Cultivators of land in the County written opposite our names respectively, are of opinion, have heard, that Mr. Gourlay is well qualified to discharge mentioned very important and highly honorable situation. H. Biggs of Stockton House, occupying John Davis of Bapton, John Davis, Fisherton Delamere, Robert Pinckney, Berwick St. James, John Marsh, Heytesbury, James Slade, Codford St. Peters, Thomas Chandler, Ashton Gifford, Ambroze Patient, Corton, John Lush, Warminster, John Bennet, Codford, Thomas Bennet, Stockton, William Bennet, Codford, James Maton, Maddington, John Perrior, Wily, William Futcher, Tevant, Morgan Blandford, Sutton, All residing within ten miles of Deptfbrd df Wilts, to the extent from all we know and the duties of the above* 1,200 acr'js. 1,200 1,800 1,800 1,500 800 700 1,000 800 1,200 600 500 1,500 Farm. 400 000 NOTE. Finding, on my return froin Upper Canada, that my whole property was out of possession, I resolved to enter as a student of Law in London ; but on consulting my friend, now (1836) Sir John Campbell, Attorney General of England, (now 1S43 elevated to the Peerage, and sitting in ^he House of Lords,) he told me that the Benchers would not admit me, because j the sentence of banishment from Upper Canada. In the year 1823 I was advised by a friend to lecture in London on Rural Econ- omy; but, then, tortured with lawsuits in the Court of Chancery and House of Lords, I could not give steady attention to anything. When the London University was erecting, I wrote to Mr. Hume, one of the Directors, offering myself for a Chair of Agriculture; and, under date July 27 1827, wrote, thus, to a friend in Scotland {the letter is printed in the Record ofmypri' vote affairs) :— " as soon as my affairs are settled, I mean to start as a Land Agent ; and my plan is to cross the Atlantic annually. Joined to that, I desire to be Pro- * Two hundred copies of these and other testimonials were printed in Scotland, in 1831. One copy was brought to America, and a selection reprinted at Cleveland, OMo, in 1636, with the above note. fesior of Agriculture in the London University, and shall, this day, dispatch (or my daughters a newspaper, conlaining a letter of mine on that subject, which I wish published in the Fife Herald. I have been a constant student in this place, ( Cold Bath Fields State Prison,) and am really better qualified than ever for any undertaking. I have kept up correspondence with the United States and Canada, where my present persecution will be even beneficial to me ; and an Assemblyman of the latter country, now in London, gives me good assurances." Mr. Hume in- quired and informed me, that there was to be no Chair of Agriculture in the Lon- don University. The day that the death of Doctor Coventry, who had been Professor of Agricul- ture in Edinburgh from the foundation, nearly forty years, was announced in th« newspapers, (December 22, 1 S30,) I addressed a letter to the Lord Provost, offer- ing myself as a candidate, and requesting him to lay my letter, with accompanying documents, before the Council. Immediately after this, I had various articles printed and circulated among the Cultivators of Fife and Wiltshire, that they might judge of my qualifications for the Professorship: — further, I dispatched, and had published, in the Salisbury Journal, what appears above ; and the testimonial, signed by the Cultivators of Wilt- shire, reached me on the 5th February, 1831, — the day after a Professor (Mr. Low) was elected by Delegates from the College, Town Council, and Court of Session.* Will it be believed, that these gentlemen, met thus early and before it was pos- sible for candidates rightly to appear in their own behalf: nay, when many, quali- fied, throughout the Island, had scarcely time to apply for the Chair ; —will it be believed, that such grave personages could meet and settle this point, of which not one of them could be a competent judge without much consultation with others ; — will it be believed, that they could meet and record, in their minutes, that " Mr. Low" was "the most accomplished and best qualified of the candidates" (six in num- ber) ; — will it be believed, that they could do this, and not even look into the docu- ments sent by me for inspection ; — will it be believed, that the Lord Provost sup- pressed my letter till members of the Town Council had pledged themselves to other candidates ; — will it be believed, that my documents were returned to me vnopened ! I » It is all true, as I can prove by official correspondence ; and it was to expose this shameful conduct that I then applied to my friends for certificates of character, of which I obtained Edinburgh, 2ith March, 1831. JAMES BROWN, Retired Professor of Natural Philosophy, Glasgow. St.Jndretvs, Q9th March, 1831. I was intimately acquainted with Mr. Robert Gourlay when he was a student at the University, five and thirty years ago. We attended several of the classes together, in which he distinguished himself by his talents, his diligence, and by his successful application to his studies : — and, while his attention to his academical duties and the propriety of his deportment recommended him to the esteem of his masters, his amiable dispositions conciliated the affections of his fellow-students. There were few young men with whom I was acquainted, that appeared to me to have a fairer prospect of rising to high eminence and respectability in the depart- ment at which he aimed. Since that period I have had but few opportunities of conversing with Mr. Gourlay ; but upon such occasions I have ever found him to be a shrewd, an intelligent, and an agreeable companion. GEORGE BUIST, Professor of Church History. Mr. Robert Gourlay is greatly my junior, and, as both of us passed many years abroad, I had no opportunity of forming any particular intimacy with him until his return to this country from Canada. I had read his account of that colony, containing a dissertation on the poor laws, which appeared to me to be a work of uncommon merit. I was anxious to culti- vate his acquaintance, and I have had the gratification to enjoy it. Mr. Gourlay has requested a testimonial from me. lam sensible, that it can but little avail ; but I may with confidence say, that his moral conduct has been irre- proachable in all the vicissitudes of his life : that his manners are unassuming, and those of a gentleman ; and that his talents and acquirements will enable him to execute with honor whatever may be committed to his management. Wakefield, 30th March, 1831. HUGH CLEGHORN. Retired Professor of Civil History, St. Andrews. " St. Andrews, 11th February, 1826. "My Dear Sir — I can assure you that I received your interesting letter of the 6th Februaiy, with no slight emotion of kindness and respect, having ever regarded you as one of the ablest of my fellow-students at St. Andrews ; and who, if human 12 life had not been the lotterjr which it is, would have earned by his talents, and merited by his iriendly dispositions, a place of high and honorable distinction in society. *#**#*# THOMAS CHALMERS." " ROBEET GOURLAY, Esq." Edinburgh, April 5, 1831. Mr. Robert Gourlay has visited me within the last three years, conversed and corresponded with me, and I have found no reason to alter the favorable opinion formerly expressed. (Referring to the above extract.) THOMAS CHALMERS, Professor of Divinity. Aberdeen, April Sth, 1831. I hereby certify, that I was acquainted with Mr. Robert Gourlay when he was a young man, and that I formed a very favorable opinion of his abilities and acquire- ments, and vvas much pleased with his modest, unassun)ing, and gentle behavior; that, since his return from Canada, I have had very little opportunity of seeing him, but, from the short time he was with me, I found no reason for altering my former favorable opinion, as his manners then were those of a gentleman, and his conversation was unobtrusive, while it was general, amusing, and instructive. JAMES DAVIDSON, M. D., Hist. Nat. Pr. . Coal's HoMsc, May 6, 1831. Having been long intimately acquainted with his father's family, I have known Mr, Robert Gourlay from his childhood. He seemed then a very promising boy, of an open disposition, and of frank, sprightly manners. He pursued his studies with great ardor ; and gave promise of talents and varied acquirements. Having gone through the ordinary course of philosophy at St. Andrews with applause, he was desirous of completing his education, by availing himself of the advantages which Edinburgh affords. At this University, he passed two years, and attended the lectures on chemistry, and on agriculture, to which latter subject he more espec- ially directed his application in the view of embracing it as a profession. After an interval of several years, I met with Mr. Gourlay in London, early in 1801. He was then employed by the Board of Agriculture to inquire into the ben- efits of the practice (so much commended at a period of great distress) of letting portions of land to poor and industrious cottagers in the eastern counties of Eng- land. The Secretary was delighted with the Report, but disgusted Mr. Gourlay by straining it to suit his own preconceived notions, and by printing it without the author's consent or revision. He returned soon afterwards to Scotland, and occupied one of his father's exten- sive farms, which he cultivated with great skill, spirit, and taste. During this time, I frequently saw him, and found him ardent as usual in his pursuits ; his at- tention being turned wholly to rural affairs, the bettering the condition of the poor, and the evolutions of the yeomanry cavalry. He never then appeared to think of general politics till his eyes were opened by the insolence of some of the Fife aris- tocracy, and his biting opposition to them was ridiculously magnified by such alarmists into a conspiracy against the State. For some time previous, Mr. Gouriay had resolved to farm on a larger scale, and thought that England would afford a finer scope for his exertions. An offer was now made to him of an extensive tract in one of the best parts of Wiltshire. There he set an example of improved husbandry which was greatly admired. Though he generally followed the Scotch system, he had the liberality and discernment to adopt many parts of the English practice, as better suited to the climate, and more in accordance with the habits and prejudices of his laborers. But he successfully resisted the rapacity and despotism of his landlord, and roused his neighbors (by whom he was highly respected) to assert their independence. At this epoch of prosperity, he was tempted, in an evil hour, to go out to Canada, m order to claim some lands, which belonged to his wife. With his characteristic ardor he ranged over that vast country, and collected a mass of very important statistical information. But his activity and influence in the colony drew on him the resentment of the petty judicial tyrants, and he was treated with cruel onnressinn : .iTid b-" r stretch of law" was finally driven out of Canada. On his arrival in England, he^ found hia 13 family ruined, and all his prospects blasted ; yet he bore the sad reverse with forti" tude, and, after all these trials, he has regained his elastic disposition and the full energy of intellect, while the strength of his constitution is but little impaired. For the last three years I hive very frequently seen Mr. Gourlay, and his visits have been always acceptable. I find his conversation lively, judicious, and replete with various information. , ,. . Such being his sterling worth, I trust that some pubhc situation will soon occur in which his talents and matured experience may have due scope. I am sure they would be honorably directed — and would, if rightly appreciated, prove both useful to himself and advantageous to the public. JOHN LESLIE, Professor of Natural Philosophy. Sir John Leslie, who in Paris was styled " Leslie Le Grand," is now no more. I asked him for a certificate, and he sent me this memoir, infinitely more valuable. Written from memory, and at a distance, there are some mistakes, but these are trivial, while the pleading in my behalf against power and oppression, by one so universally known and respected, cannot be too highly appreciated. In Fife, Wilts, and Canada, I became, successively, the butt of brute ignorance and illiberality ; and it is curious, that the first burst of feeling in my behalf, at home, should come from the greatest philosopher of the age, whose name will go down to posterity, linked with those of Euclid and Archimedes, Lavoisier and Black. NOTES. Boston^ March 16, 1&13- Reprinting these testimonials here, it may be well to close with a few observations : Leslie was the son of a carpenter in Largo, Fifeshire ; and a most extraordinary genius. He was first employed as Tutor to one of the Randolph family, and came to America some time, with his pupil. Afterwards, in like capacity, employed by Mr. Wedgewood, famed for his pottery, he had good opportunities, at Etniria in Staffordshire, to make experiments on heat. His book on light and heat stirred up a bitter contro- versy, forty years ago, in Scotland, in which narrow-minded ministers of the Kirk were beaten by Mr. Dougal Stewart, Dr. Thomas Brown, and others. Dr. Brown's pamphlet in this controversy, laid the foundation for that gentleman's celebrated work on metaphysics. The Professor is wrong in saying that I " resolved to farm on a larger scale, and thought that England would aflbrd a finer scope." My object in going to England was to study the Poor-law system. In Scotland, I had /we/- scope, — my father having twenty ploughs going on his own property. Dr. James Brown, whose certificate appears above, would have been at the head of - the science and literature of Britain, but for bodily infirmity, which caused hk retirement from the chair in Glasgow, and continued till his death, a few years ago. He was teacher on board a frigate at the battle of the Dogger Bank ; and, as secretary, noted the engagement for the captain. This he told me. Afterwards, Minister of Dinino, and Assistant Professor of Mathematics, St. Andrews. He gained the chair in Glasgow, by competition, before the year ISOO. It was under his tuition that Dr. Chalmers first distinguished himself, in an exercise of mathematics ; I remember it well, being a felloW-student. Ten years ago, Professor Duncan dedicated to Dr. Brown a volume on Mathematics, expressing regret that he was " too little Uitowti." Alas ! it was so, indeed. Mr. Ci.EGHORN, while Professor of Civil History, was engaged to travel with a noble- man on the Continent ; and, there, vras employed by the British government. By his dexterity, the island of Ceylon became British ; and the transaction made his fortune. He was a pupil and relative of Adam Smith, Author of the Wealth of Nations ; and the first who taught the doctrines of that philosopher. He was a man of astonishing mental vigor, till the last, under the severest bodily afflictions — one of Scotland's brightest sons. He, also, is gone, since my departure for this country. Most men believe that they are to live after death : — Mr. Cleghorn once told me, tjiat he sometimes imagined that he had lived before his birth. 14 To Captain David Saher, Messrs. George O. Folger, and Ohed Samey, of Nan- tucket ; Silvanus Dvnton, of Hubbardston ; Thomas H. Wetherby^ of Milbury; Milo I. Smith, of Northampton ; Alexander Inghai of Middlcjield ; Nathaniel Brooks, of Worcester; Ethan Taylor, of Longmeadow ; and William C, Dunham; — Representatives or the Commonwealth of Massachu- setts. / Gentlemen : — I came here to be at the nearest point for correspondence with my family in Scotland, — knowing no one, and having introduction to none. In this comfortable mansion I became acquainted with you ; and your friendly regards induced me to petition the Honorable Body of which you are members. After six weeks cordial and frank intercourse ; and, after you have had submitted to your inspection all my publications from the year 1800, till now, ■ubstantiating the allegations of my Petition, I venture to throw this number of the Neptunian, before the public, as introduction tc more, should public patronage be obtained; in which case, I would go on, — Number after Num- ber, to unfold my principles and projects, through a period of forty -two years, devoted to the cause of humanity. Following up the great object of rry life, I have been persecuted to the death, a common consequence to all who stand out for truth, apart from worldly interests. In fact, these last thirty-four years, I have stood alone and undaunted, in Scotland, England, and America : — have endured till endurance has become habit, and made me independent, even of Nature's sweet restorer, balmy sleep ; yet, at the age of sixty-five, you see me at all times collected, consistent, and composed. In my petition, I pray only, that it may be received and preserved :— first, because, an entire stranger, it would have been presumption to expect imme- diate notice, so as to have a committee appointed to examine and report : — and, second, because, even were a committee appointed, full justice could not be done to the subject, at present. A liberal and patient hearing by the public, can only lead to this, through the medium of a Periodical ; and I now earnestly solicit assistance in establishing such. I disclaim all personal advantage from any thing of the kind;— desire not to pocket a single dollar from the establishment ; and think it possible that the machinery may be worked by a committee of citizens, regularly chosen by friends of the cause. I desire only to be heard, and have opportunity given to others for questioning me, in order the better to satisfy all -.—-I desire only to secure the highest objects of benevolence. The People of the United States possess the finest portion of the habitable globe, and they enjoy the most perfect liberty. As a People, they average the highest in point of intelligence ; and, they are the only People who un- derstand how to combine,— -how to organize and carry measures into effect. 1« They have it, at .'■■' moment, in their power to communicate the blessings of liberty to other n^nuns, and to make the starving millions of Europe partak- ers it), like enjoyments with their own : — Nay, more, by a wise exercise of their power, they may not only enrich themselves, but eradicate from the Union its greatest curse — Slavery. These are mighty assertions, but, with fair opportunity to communicate, I shall prove them to be true. And now, Gentlemen, I shall close with some facts regarding myself. I left Deptford Farm, in England, April 2, 1817, on a visit to friends and property in Canada, intending to be from home only six months. At Liverpool, being disappointed of a passage to New York, I sailed for Quebec ; but belbre embarkation came to know, that even had I landed at New York, and established an Emigration Society there, nothing great could then be done in this way for relief of the poor, because of a law — now repealed — which barred the sailing of mechanics. On my voyage to Quebec it occurred, that something might be done by circulating queries for information necessary to emigrants. These were then drawn up : afterwards circulated ; and thence was procured the best information yet published — my statistical account of Upper Canada, Vol. I. After travelling in the Province and the Genessee countr)', I resolved to establish a Land Agency, at once, for my own benefit, and to promote emigration. By and bye it appeared that obstacles retarded seUlement in the Province. To remove these I ad- vised sending Commissioners to England, there to represent the truth to the Supreme Government. The people upheld this measure, and chose Delegates to meet in conven- tion for carrying it into effect. Those who profited by abuse took alarm : gave out that my design was to f.lieuate the Colony from Britain, and caused me to be twice arrested for trial. The Delegates met July 6, 1618. I advised adjournment till after my trials, and till opportunity was aflbrded the parliament, to do the needful. I was tried at Kingston in August, honorably acquitted, and had a public dinner given me ; — tried a second time at Brockville, again honorably acquitted, and had another dinner offered. This, however, I could not accept, having to hurry off for New York, where letters from my family had been detained, for months, during my villainous arrests. Finding all my affairs at home in the best possible order, and deeming myself now safe m Canada, to proceed with Land Agency, I employed Andrew S. Garr, Counsellor at law, to draw up a Power of Attorney for winding up my business in Scotland and England, having property in both kingdoms ; — which Power was forthwith dispatched. I then made a tour through this country ; and it is essential to mark impressions then prevaiUng here. Not only had false alarms been given out by enemies in Canada from the beginning ; but, at my trials. Counsel for the Crown dared to work on the Juries by signifying it as my intention to dismember the Empire, and add Canada to the States. A consequence was, that all over the Union, my name was trumpetted forth, as may yet be seen in newspaper files of the day ; and, on the south bank of St. Lawrence, I was called " the Washington of Canada.'' Landed at New York, I bespoke lodgings at the City Hotel, and immediately walked out, without ki! iwing a single citizen there. Turning to the right, I was soon charmed with the glorious prospects at the Battery ; and, questioning two bye-standers, as to names of places, they percei%'ed I was a stranger, and asked, when I had arrived? My reply was, " Just now, by the North River." "Have you come from Canada?" "Yes." "What is that Gourlay now doing there ?"—" No harm at present ; " and, shortly, I made myself known. 16 We conversed of the late war, and I expressed my regret for that. " That," they said, " was the best thing we ever did ; "— they thinking of the naval war ; I, of the invasion of Canada. After a week's sojourn, I came here and staid a week. Introduced to Mr. Shaw of the Athenaeum, that gentleman showed me much attention ; gave me leave to look into any book ; and I did lounge there an hour or two every day, searching for causes which led to the Revolution. Mr, Shaw wished to see some of my writings in Canada, and I gave him the pamph- let for publication of which I was arrested and tried. Next day he said, " I thought you were for us." — " No, I was for Canada." On my way to Albany, being informed that an agricultural meeting was about being held at Pitt.sfield, I resolved to attend ; and, after visiting the Shaker settlements, I re- turned to that place on the first day of meeting. Live stock were penned in the Square ; and, these, I minutely examined, as a farmer. After that, I sat down with a large company to dinner. By and bye, a secretary came round, taking down names ; and hearing mine, he asked if I " was Mr. Gourlay of Can- ada." I believed so. On presenting the list to the Chairman and pointing to my name, that gentleman im- mediately eyed me, filled his glass, and announced me to all. All drank my health, most cordially, an honor I little expected. On being called to give a toast, I gave what has escaped my memory ; but, took occasion to state, that, great mistakes were abroad as to my designs in the Province ; that, I was a British farmer, and had no intention what- ever, but to make Canada useful to the mother country. This did not in the least lessen attentions. A member of Congress, sitting opposite, invited me to Washington ; and there he said, they " would give me a seat on the floor of the Hou.se, as was done to Lord Selkirk." On my right sat the venerable father of the present Lieutenant Governor of Massachusetts, who was especially kind, and invited me to his house in the neighbor- hood. Next day, I was made a judge of ploughing ; was delighted with an exhibition of do- mestic manufactures ; walked in procession to the church, and there heard discourses on agriculture, read by the President and Vice President of the Society. Af'er that, we again sat down to dinner. This time, I was better prepared ; and having coined a toast for the occasion, gave, " commerce free, and nations friends." Finally, I was in- vited to a ball ; and, all concluded harmoniously. Not so in Canada, whither I went without further delay. There, on my arrival, par- liament being met, a law was proposed to prevent the people from meeting by Delegate. The people's own representatives sanctioned this. It was enacted ; and, as soon as enacted, I was ordered to leave the Province. Refusing, I was imprisoned without benefit of bail, eight months, and at last banished for no crime whatever but refusal to obey the order, now declared by the unanimous vote of United Canada, to have been " illegal, wiconstitiitinnal, aiid without excuse or palliation." Gentlemen ! from that day to this, I have been out of house and hold of my own, save a log house erected within the last two years on my lands in Canada ; and, I am very sure, that there does not ex- ist an individual who has endured such continued persecution, during thirty-four years — all originating m what has been stated, in the memoir of my life, by Professor, Sir John Leslie — aristocratic ire ! I am anxious to make my experiences, during that persecution, available to my fellow men ; and ask you and others, here, to assist in gaining for me a hearing. Believe me ever most sincerely yours, Marlboro'' Hotel, Boston, March 21, 1843. ROBERT F. GOURLAY. THE HiEFTPinrHnAH. Ko. a. BOSTON, Apeil 6, 1843. TO THE PEOPLE OF THE UNITED STATES. Fellow Men :— On this day, set apart by the Governor of Massachusetts, for humiliation, fasting, and prayer, I especially thank God for that peace which the late treaty with Great Britain has secured. May it be eternal ! England, and England's progeny, with the same language, laws, principles, — a common faith, feeling, literature, and interests every way harmonizing, need but continued peace to triumph over ignorance and all its brood, — prejudice, pride, superstition, atheism ; in short, to establish whatever is good and desirable for hu- manity. Oh, then, join heart and hand to realize such a blessed consummation. Often has my declaration of 1S29 been repeated, that, " Man is a Recordino Animal," but never before, was there such happy opportunity for putting record* to profitable use. Let us only glance back to the prominent features of the last seventy years. Your glorious revolution began a new era in the world's history ; and though liberty was thereby established on this continent, it is not yet secure, while much remains for improved legislation. The French revolution, altogether different, demonstrated that mere abstract doctrines are insufficient for man's deliverance ; and, that the Bible is still the poli- tician's best text-book. The rise, progress, power, and downfall of Napoleon, afford valuable lessons ; and, from the records of that eventful period much may be known for good. You, Americans, cheered on that most dangerous of men, when he was wading thro' blood, with no object but his own aggrandizement. The Holy AUjance showed us what was the spirit yet lurking in the breast of ancient dynasties ; and, thence, was advantageous. The revolution of three days drove Incurables from the throne of France ; and manifested what vyealth and intelligence can effect against superstition and arbi- trary power. It did more : it put the crowning wreath on the brow of your own immortal Lafayette, who could then have made France a republic ; but who saw, that, time was yet required to cure " the madness of the people ;" and, that Europe would be best regenerated under constitutional kings. The reform of the British House of Commons was a mighty and needful work, accomplished by moral means and the organization of the people, — the first peaceable triiimph over installed power. The ineffectual attempts of Trades Unions, and the miserable struggles of poor Chartists, also exhibit features in man's history, and may be turned to good account. But, of all the extraordinary exhibitions of this age, none is so worthy of your grayest and immediate consideration, as the wretched brawl on the Canada frontier, which, during three years threatened to involve this country in a war with Britain— a war which must have kindled up a blaze throughout the habitable globe, — terrific and destructive, without a single countervailing benefit. It was I, (and I say it with pride,) who first opened up lights in Canada twenty- five years ago ; and who, had I been inclined, could have done most to sever the Colony from Britain ; but my face was set against that, as you will clearly perceive J 2 " — kn»win)? that, by a liberal connection between iry best fruif of rivii and religious liberty may be in the thirty pag«>g wh' folK Britain air' her Coloui -, ''" ripened aiui »nw^nyed I have all «ilyMj| eyed this «sne with anxi' ,» experfation ; and, shoul I you honor me with i* M>»nng, feel comfiJent, that you. of all in*»n, would most coun- tenance my views. Let me thereSore bespeak your indulg^nil wnd patient attention to questiofl*. which ought to coiiip home, at once to yuur business and bo- soms. Carried »»*)/ Trith ihfl idea that you aloi e.of all people, are in possession of lib- erty, you httvB generously but ignorantly. desired to thrust upon others very crude conceplioh* »* nl'infficient for happiness; but who have as generously and more constamly it) ,j.-.'«"d against tyranny and opp, sion than any man in your Union :— I, who have tood alone against hosts of enemies these last thirty- live years contendin]^ for independent right : — I, who, had I lived here in 1775, would have rallied under the banner of Washington; and when the cause was won, returned to my native Scotland boasting of my deeds, and still claiming native allegiance : — I frankly tell you, that, in much you have been wrong, since the period of your revolution ; — often, indeed, arraying your strength against the progress of the best principles, — the surest stays of liberty. Your war against Britain, 1812, was protested against, in the strongest lan<''uage by this Commonwealth of Massachusetts. If right in any way, it was righ't only in Its naval achievements:— all else was wrong. The invasion of Canada was not only uncalled for, but most impolitic. Upper Canada could .ot possibly injure the States. Intact, she ever has been, and will be, a down-draught to Britain, while ruled by Court-appointed Governors ; and, if the people of Canada choose to be so ruled, what is that to you ? The people of Upper Canada, saving two years — 1818 till 1820 — when their liberty was circumscribed, from dread of me, by despotism, have ever hadconstitu- tional means to remodel their government in peace. They never needed YQurr- —never asked it; and, did you know the whole truth, you, ofall men. would nost J, line meddling with them, — would most abhor going to war in that quar- Tt \vij I who, in 1818, (and, I beg your particnlar attention to the subject — which I shall afterwards fully explain,) re-opened the door for settlement of Americans in Canada, after the local government had shut them out for years ; and I did so that those who disliked the government of the States, might have choice elsewhere • — I did so, that runaway slaves might have a place of refuge from the most hideous tyr- anny. ■' What did people of the United States ;— even people of New England 1 Did they not go, as Land speculators, into a neighboring country, which had nobly abolished slavery ? Did they not foment discontent there '{ Did they not revolutionize Tex- as and estabhsh slavery, merely that their speculations might be profitable to them- selves? Are not plots hatching, even yet, to adopt Texas as a State into the Union that slavery inay be entailed on this continent 7 What ! shall mankind witness all this, and not blush k Republicans— not weep for humanity? • ^JP^^P^^' among whom I am little known !— may even my feeble voice be heard m abhorrence of such flagrant crime, — in recording a protest against thus blasting the best hopes of the world.— O, America! how art thou fallen ; and, to what wiu thou fall, if, in self-sufficiency, you pause not, to learn wisdr)in from experience ' • Honor me with a careful perusal of these few pages, and you will know hor ' acted on the frontier during the rebellion and invasions of Canada. I am happy to have this chance occasion of making you witnesses of it ; being assured that now, when all can be calmly viewed, you will approve of my acts and declared principles, lou will see, too, how ] wag rewarded for valuable services bv the reiminff Her- ods and Pilates of the Cr .jy. ^ If you are pleased with ■\-o ;5heets, it is in my power to lay before you the full- est and best authenticate la. . i f Up- ,ir Canada — with the rise and progress of its discontents and mis-m'>! ,rfc> RUf frr..... the earliest to the present time ; which, in that case, I shall speedily '!c ?.■; n. a pleasure, m succppdinj^numhora nf " T«r. Neptunian." '^ Meantime, I am, reap, ctfuir, and very sincerely, yours, &c. ROBERT F. GOURLAY. Patifie, at Sea, Novembtr 0, 1833. NOTICE TO CREDITORS.— I hereby Intimate ihu I have sniler) for America, not to evado payment of det)t», hut that ail may l>e paid itt full, for wl, i;h fund* are more than sumdent. Witness my hand, KOBT. (tOUKI^.W, late of Lrith, mi't 'I'bject to thf Kinn ; now,— ROBT. FLK.MLVO GOURriAY, of tlu (Man, and subject to Neptunt. NoTB.— On receiving account* of my niotlier'n death, Aujf 10, 1*27, I resolved to honor her memory by entwining her rnuiden name with mine, iit good ociii-f-n was required; and nona Lould he hotter Ihiin when leaving Britiiin for Amen When first i-i Ciiimda, a gentleman of New York with tlie same name, had sometimes my letters put into his hand; one of which he opened, and fiiilhfuUy forwarded. The adoption of a third name eflertUBlly guarded against such misinkes. Then, again, it was necessary to arrest public attentiot specially ; for had I advertised a hundred times in the Gazelle, nobody would have .ittended to ;he matter. The above mod* settled all be.?t, and fixed the miitier in the public mind cJTectually. The advertisement waa sent ashore by the pilot, and was published immediately after by Mr. Gray in the Edinburgh, L«ith and Glasgow Advertiser. So much for the Niptuman. CORRESPONDENCE WITH THE AUTHORITIES, AT HOME AND ABROAD, COiNCERNING UPPER CANADA. Sir John Colborne, Lieutenant-Governor of Upper Canada — Take Notice — That there is sufficient evidence on the face of this printed paper, ( Circular to Members of the Imperial Parliament, June 10, 1820,) that my imprisonment in Upper Canada, was ille- gal; and that I shall think myself justifiable at any time to enter the Pi.^vince, there by force of arms to regain my property, maintain my rights, and avenge my wrongs. Witness my hand, at New York, this twenty-sixth day of February, 1834, ROBERT F. GOURLAY. "Witnessed by Samuel Whitney, J. Junor, Edmund Coffin, S. B. , Draper, H. Nugent Nathan, Edward Tremayne. I authorize Mr. Sergeant Spankie to show this to Earl Grey, and any other member of the British Cabinet : and I, at the same time, declare that I am perfectly true to the king. ROBERT F. GOURLAY. Witnessed by Peter Malliner. New York, March 1, 1834. NOTE. As soon as it was known in Upper Canada that I had arrived at New York from England, December, 1833, two parties addressed to rae letters. One threatening should I enter the Province, &c. : the other inviting most warmly. To put an end at once to expectation and alarm, I wrote the above notice to snow in what posi- tion I stood. The notice was not only transmitted to Sir John Colborne, but copies to the Attorney General of Upper Canada, the Colonial Minister, and Attorney vrciicmxui lun-^i.v.-^. it wa~ itisu luriiimiy iiuiitica to tnc x»riiisn i^onsul, i^ew lorjc, with desire that he might transmit the same, should he think proper, to the Ambas- sador at Washington. In fact, it involves a question of vast magnitude to native bom British subjects, should the United States go to war with England; or, should the violence of faction come to blows in British America. |.- ,|!i To his most Chacimis Majesty, William the Fourth, Sovereign of the United Kingdom of Great Britain and Ireland, Sfc. Sfc. ^c. New York, United States of America. ) February 23, 1835. \ Sire, — Beyond your Majesty's dominion I am still tme to native allegiance, and trust that all its benefits may yet be secured to me. May it please your Majesty : — In the yeai- 1817 1 went from Eng- land to Upper Canada, having landed property and friends there ; resolved to connect myself with that province ; and, to advance its prosperity, advised sending Commissioners to England, that certain abuses might be corrected. For this act of the purest patriotism, I was arrested, tried, and honorably acquitted. Thereafter, I hastened to this place, Septem- ber, 1818, anxious for accounts from my family; and believing all well, sent to England a power of Attorney for the settlement of affairs, in order to tlttach myself more closely with Upper Canada, whither I forthwith returned ; but there I was arrested, ordered to depart the province, and imprisoned eight months without benefit of bail. Finally, being called before a court of justice, August 1819, I was arraigned, tried, and banished, merely because of refusing to depart the province, and while so weak with cruel treatment as to be unable to protest against proceedings pronounced illegal by the first law authorities of Britain. Eeturned to England, I petitioned the King and Parharaent for inquiry into my case during ten years, but in vain ; and vain indeed it became to expect a hearing after your Majesty's ear was engaged by a man whom I knew to be false, treacherous, and vindictive — a man whom I had personally chastised. Thus hopeless, I crossed the Atlantic, 1833, to watch the progress of events ; and seeing that the individual alluded to no longer influ- ences your Majesty's Councils, I once more solicit attention. The Provincial statute passed 9th March, 1801, under color of which I was imprisoned and banished, was enacted specially to guard Upper Canada against Irishmen who were expatriated, and could not be intended to bear down the unalienable right of unattained British subjects — that right which rests on the acknowledged prin- ciple of allegiance and protection being reciprocal, while affidavits laid before the Chief Justice could not be misunderstood. — In short, more wanton oppression never was exercised in modern times ; nor ever were consequences more ruinous ; seeing that thereby, not only has my reputation been sullied, but my property taken away and dissipated; seventeen years, the best of my life, rendered profit- less and unhappy, while endless litigation has been set on foot for my annoyance. — Nevertheless hope has been cherished. A con- tinued chain of documents can be referred to ; letters to the King and petitions printed in parliamentary journals, all nrovintr thRt T have neither admitted of claims for redress being forfeited^nor left untried any possible means of being heard. Sire — From this land into which I was banished, I now protest agamst the monstrous cruelty and injustice ; from this foreign land I appeal for the last time ; and, still dutiful and submissive, respect- gn of the LICA. ) to native I to me. ora Eng- is there; ^ance its ,t certain •ied, and Septem- jving all sment of Canada, iered to enefit of ist 1819, "using to as to be the first nent for 1 indeed engaged Live — a progress er influ- color of to guard id could attained ed prin- fFidavits [n short, les; nor not only ^ay and I profit- foot for A con- le King r fViot T ) -•"' •- nor left protest 1 land I respect- fully put these questions : Shall I, an eleve of the oldest and least tainted family of F^feshire, whose father was for many years a mag- istrate of that county, and where I, myself, received from your Maj- esty's Royal Father, thirty-five years ago, a Captain's commission., — I, who till this hour can challenge the world to accuse me of a single inean, cowardly, or dishonorable act — I, who am father of a family in Scotland; shall I be robbed, degraded, and expatriated by villany ? In fine, shall justice be denied to a British subject, and the most sacred constitutional right violated in his person, by men clothed in the livery of power, and assuming the sanction of royalty ? Rather than that, Sire, I shall, as did one of my name, perish for my principles at the stake. Rather than that, I shall lay down my life to extirpate from this western world, the remains of despotism. Meantime, trusting that your Majesty will speedily cause inquiry to be made into my case ; and most heartily wishing well to my native countrv, I ^"^ yoiii^ Majesty's loyal subject, ROBERT F. GOURLAY. Witnessed by Geo. Roberts, diaries Cooper, Wm. P. Alden, Joseph Alden, Andrew Smith. Duplicate do., Samuel B. Williams, B. V. Baker, Charles Cooper, J. Spencer, Geo. Roberts. — ^ My Dear Daughter — I desire that you will copy ofi'all that is written on this sheet ; then put it und^er cover for his Grace the Duke of Wellington, &c. &c. &c., London, accompanying it with a note from yourself, begging to be informed if he will lay before the King the annexed letter to his Majesty ; and perhaps you may find a gen- tleman willing to aid me in gaining attention, either by writing to the Duke, or to some one personally acquainted with him — When you receive a reply from his Grace despatch a copy of it to me. You are aware, I beUeve, that my rencounter with Brougham in the lobby of the House of Commons, June 1824, was the result of consultation with Dr. Joseph Hamilton — now in Upper Canada; and that before I exposed myself by the act, a packet of papers con- taining, with others, a letter from Dr. Hamilton to me, was sealed by him and by me, to remain for my justification. That packet is still in my possession unsealed, and should my letter to the King procure for me inquiry, I trust opportunity will be afibrded for open- ing the packet, and examining its contents, in the presence of au- thorized persons. First and last, during seventeen years, I have ad- vised sending Commissioners to Quebec, or Montreal, for irivesti- gating the whole affairs of British America : and I am certain the present Ministry can do nothing more immediately necessary, so far as the colonies are concerned. Should such Commissioners be sent from England, they might be instructed to communicate with me ; and thereby effect what I have so long and so anxiously desired. Be assured, my dear .Jeanie, that nothing could console me so much, after so many years of misfortune and persecution, as to be reunited to my children ; and to be able to prove to the world, that the uni- form course of my Hfe has been guided by honorable principles. Your affectionate Father, To Miss Gourlay. ROBERT F. GOURLAY. New York, March!, 1835. My Lord — This is accompanied with a letter to the King, which I trust your Grace will lay before His Majesty, not merely in form, but for actual perusal : not merely as minister for foreign affairs, but as a brave and an honest man to procure justice ; and, it is' my duty as a man, a father, and a British subject to strive for that, even to the death. Ten days ago a copy was despatched with a letter to one of my daughters m Scotland, to be transmitted by her to your Grace, and another besides this, goes off by a different ship to ensure the object. That my letter to the King may be better understood, I now fur- nish a copy of the provincial statute alluded to therein, together with the order of commitment, and affidavits. I also furnish a copy of my letter to the King, dated February 23, 1831, with reply by order of Viscount Melbourne ; and should your Grace see fit the same may again be laid before His Majesty. ' ' My Lord— I am aware that the many, the vast, the momentous objects which engage your attention, may obscure those of an indi- vidual : but IS mme an ordinary case ? Does it not involve the con- stitutional right of every British subject ; and would it not, if allowed to rest, form precedent to the hurt of all? Besides this, I claim re- gard as advocate in the two most vital questions which have to de- termine the stability of the British Empire : the reform of the poor law system, and that of American Colonies. To the first, I have devoted attention thirty-four years ; to the second, more than half that time. Twelve years ago I offered Mr. Peel a plan for reform of poor laws. He required it in writing ; and I required a personal in- terview which he did not grant. I now offer to proceed with Com- missioners to Canada, and thence to England ; or I am willino- to return to England directly from this place, to communicate with y^'our Grace or the existing ministry. Since leaving home I know that poor laws have been amended ; but that will not suffice without a grand system of emigration ; and at this moment your Grace can de- termine much. Let me then solemnly conclude • let me conjure you by all that is sacred ; and may these words wafted across the Atlan- tic acquire force to be heard. You have now, a second time, more than any man, the destinies ot Britain in your hands. Revolutions have told their tale : reform has had its day : now principle and patriotism are required to give effect to the dear-bought experiences of humanitv; and, most ear- nestly do I pray that your Grace, every way experienced, in the field and the Cabinet, may be the instrument under God, of at once checking the madness of the people, and determining the limits of power. Of all things may you be supported by, and support the ele- vating principles of Christianity to the subversion of cold-blooded time-servmg Machiavellism. I am, &c ' To the Duke of Wellington. ROBERT F. GOURL _ "XT New York, April 2, 1835. My Lord — It was not my intention again to trouble your Grace, but look to the speech of the '^overnor-in- Chief of British America, (pasted on the margin from a newspaper,) and see that the Parlia- ment of Lower Canada has been dismissed, after doing nothing, or worse than nothing ; just as that of Upper Canada was dismissed seventeen years ago ; and which induced me this very day, 1818, to advise sending commissioners to England, for inquiry into the slate of the Province, having previously importuned Sir Henry Torrens to engage the attention of the Duke of York and Lord Bathurst. His Lordship made joke of the matter, and I was ruined by colonial villany. Put an end to it. In or out of office, your Grace may do this. Advise the King himself to cross the Atlantic, and come with his Majesty, to break the spell of delusion. It would be but a trip of three months, and would achieve wonders. It would be a spectacle worthy of this age, and would emblazen the page of history till the end of time. Yon could reach New Foundland in two weeks from Ireland by steam ; in two more, visit Cape Breton, Prince Edwards, Nova Sco- tia, and New Brunswick ; run down the American coast, and land here. Imagine the elFect, were his Majesty handed on shore by the President of these United States, and lodged in the very house which the Duke of Clarence occupied fifty-five years ago ; were William the Fourth to appear before the people of this free country, manifesting the good feehng of an EngUsh gentleman ; and proving to the world that Britain and her offspring were again friends. Hence let his Majesty ascend the Hudson, and proceed to the Falls of Niagara, there to contemplate nature's sublimest scene ; and compare in their results, free with forced institutions — the Uni- ted States with benighted and benumbed Canada. Then descend the St. Lawrence ; and, on the heights of Abraham proclaim the Provinces independent. May 1, 1835. My Lord — The above was laid aside till this day, that it may not go forth as a momentary effusion. I shall now explain. By in- dependent it is not meant that British America should be severed from the Empire ; but only that the people should be left to legislate for themselves in all matters, civil and religious. The King ought still to retain the sovereignty, the forts, the un- appropriated territory, and the water ways. In 1818, I said that the waste lands of Upper Canada, well man- aged, might repair all the forts, maintain two regiments, and yield a revenue besides. I say now that the waste lands of British America, notwithstand- ing the havoc of seventeen years, might still defray the charges of a general government ; uphold the forts ; and, in twenty years make good a water communication from Montreal to the Pacific. This, My Lord, would be worthy of Britain, and enable her to embrace the globe. 8 We are now informed that Lord Canterbury* is coming out for settlement of disputes in Lower Canada ; but this is sheer trifling. Should the King's health, or other circumstances prevent his Majes- ty from appearing in person, one of his sons may come at the head of a commission. Parliament must of course be consulted, and were each House to appoint two commissioners, and the King two, to meet two from each of the provincial legislatures at Quebec, making in all nineteen, every point might be well discussed and the best possible constitution ckawn up for approval of the imperial parliament. ^ It has been proposed to unite the Canadas, in order to control the French party, but all should be confederated ; each province free within itself, as to local matters, while a council presided over by a Viceroy with powers of clemency should constitute a general gov- ernment. In 1818, I had hope through Torrens, that the Duke of York might be prevailed on to come out as Viceroy ; but all was blasted by ignorance and brutality, and ail will be blasted still, if something, like to what is suggested above, be not immediately resorted to. No one has thought so much on these subjects as I have ; nor paid so dear for experience ; and it would be pusillanimous not freely to advise. Although in a foreign land, I have by no means abjured my na- tive country, and will not ; Nay, I am here on neutral ground, merely to maintain my rights, and to say that British spirit shall uphold British America, whether the weaklings now in possession, govern- ors or governed, will or will not. Sir Robert Peel, has lately said in Parliament that commercial arrangements with the United States will deprive the Canadians of aid in this quarter, against their governments. Sir Robert should consider that there are two millions of British in these United States, still bound by the laws of native allegiance— double the number of all the subjugated French, and vagabonds who have been sworn to provincial allegiance — two millions who have yet warm feelings towards Britain, and who overlooking commercial arrangements may yet cross the lines to settle the whole account on loftier principles —at once for the advantage of themselves and their friends at home ; one of them, who has just excuses for doing so, the moment that a favorable opportunity shall offer, and who has already given notice. Were I an American citizen, I would not desire to see another acre added to the Union, for it is already too extensive for a Repub- lic. But, My Lord, I am a British subject, and a loyal one. Be so good as to lay this letter before the King in Council, and accept the assurance of my high respect. Your Grace's ob't servant, ^ ^ , ROBERT F. GOURLAY. The Duke of Wellington. . 1}^A^ Canterbury was appointed, but, for some cause, did not come out. Lord Aylmer iuc- ceeded to the appointment : came out : pleased nobody ; and, made confusion more confounded. 9 New York, June 1, 1835. My Lord — We are now informed that your Ministry is at an end ; but your influence at court will remain paramount ; and if you have not acted on my suggestions, it is still in your power to do so. Throwing this sheet before the public, I feel that my duty is done. Respectfully Yours, ROBERT F. GOURLAY. The Duke of Wellington. CORRESPONDENCE \YITH HIS EXCELLENCY SIR FRANCIS BOND HEAD,. LIEUTENANT GOVERNOR OF UPPER CANADA. No. 1, first series. Copy. MONSTERS ! Mr Clark will show this to the inhabitants of Niagara district, and Mr. M'Kenzie may publish the duphcate to all the world. Mr. W. Chisholm and Mr. Paul Peterson shall have copies to ex- hibit in the Gore and Midland Districts. Postages will be paid on demand by the Great Bear of London District, or by the writer. ROB. F. GOURLAY. Ohio, December 22, 1835. — MONSTERS ! ! I repeat it this 30th of January, 1836, and beg that Mr. Smart will, after showing this to his neighbors put it under cover, for the Speak- er of the Commons House of Assembly, Toronto, to be there ex- hibited. ROBERT F. GOURLAY. With Mr. Gourlay's compliments. Willoughhy, Cuyahoga Qninty, Ohio, February 15, 1836. Sir Fmncis Bond Head. No. 2. Willmighby, CuyaJioga County, Ohio, February 19, 1836. Sir — Seeing from newspapers that you had landed at New York, as Lieutenant Governor of Upper Canada, and that you had been one of the Poor-Law Commissioners, I despatched for your Excel- lency, three days ago, a printed copy of letters to the King, my daughter, and the Duke of Wellington. His Grace replied April 15 ; but as the Peel ministry resigned immediately afterwards, I sent fifty copies of these letters to members of Parliament, &c., in England ; and then came here to wait results. " I note offer to proceed with Commissioners to Canada, and thence to England; or lam willing to return to England directly from this place to communicate with your Ch'ace or the existing ministry. Since leading home I know that the poor-laws have been amended ; but that ivill not suffice without a grand system of emigration^ These words are extracted from my letter to the Duke, and you may receive them as confirmation of continued devotion to a good • cause. I shall enclose a Copy of Testimonials obtained, a;:d printed with many more, to counteract prejudice. 2 I ill 10 Being the only copy in my possession, you will have the goodness to return it to me after perusal. Respectfully Yours, ROBERT R GOURLAY. Sir Francis Bond Head. No. 3. Government House, Toronto, 26 February, 1836. Sir — I am desired by the Lieutenant Governor to return to you your Testimonials, and to thank you for your obliging communica- tion- " I have the honor to be, Sir, Your obedient serv't, F. HALKETT. ' Robert F. Gourlay, Esq., Willoughby. No. 4. Willmighhy, Guyahoga County, Ohio, March 24, 1836. Sir — May I beg you to peruse the enclosed memorial to the Honorable, the Commons of Upper Canada, and then cause it to be handed to the Speaker, who will, I hope, lay it before the House. Your Excellency will further oblige me by looking over some more of my printed testimonials, to be returned, as were those for- merly submitted to perusal. I have the honor to be, &c., „. „ ROBERT F. GOURLAY. Sir Francis B. Head. No. 5. rxj T ,;, ^ , Willoiighhy, Apnl, 1836. [PRIVATE.] Mr. Gourlay presents his compliments to Sir F. B. Head, has not yet received back printed testimonials enclosed with his last communication, of March 24, but hopes they are on the way. Mr. G. subjoins part of a letter to his daughter, which with her letter enclosed, he begs may be retained till called for. Q ,„, _ . Toronto, March 31, 1836. T ,^^^~^"^ Lieutenant Governor has read your testimonials which I beg to return to you. He has also perused your memorial, and has sent It to the Speaker of the House of Assembly. I remain, Sir, Your obedient Servant, T. 15 T^ ^ ^ F. HALKETT. ro K. r. (jrovRLAY, Esq. NOTE, at C ev^Un?iT^-"v ^ ^'f ^". ^'^""' ^ "^""^ ^" continued till September 17, 1836, and printed No V h»n'rt iTJ^"' ' ''"' ! " ""necessary to exhibit more of it at this time. ' ' ^ No. 1, headed ' Monsters," was then left unexplained. It could not hurt or offend anv bodv and was nitended to nmrk my feelings on the occasion of offerin., mr»?rvi" °J »? " St"?^.no •{ iHrcjgn country, alter my own imd been regardless of what 1 did for it 'in nmnoq?n;^"in~1fil7 Vn r,,,!. 'Th« n To Her Most Gracious Majesty, Victoria, Sovereign of the United Kingdom of Great Britain and Ireland, £fc. Sfc. 6fc. The Address of Robert F. Gourlay, a native of Ceres Parish, in the County of Fife, North Britain : banished from Upper Canada ; and now residing in the United States of America. WiMoughby, Ohio, October 13, 1837. Most Gracious Sovereign : Far from home, and in a foreign land, your Majesty's Speech to Parliament has warmed my heart, strengthened my patriotism, and revived expiring hope. Through life I have been loyal, but now my loyalty is more fervent, seeing the British Crown sustained by the veriest purity. Long may it be so ; and may Almighty God, on whom you depend, continue to Your Majesty every blessing. With territory encircling the globe, two hundred* (one hundred and thirtyt) millions of subjects acknowledging Your Royal sway, and the eyes of an enlightened world turned towards the British throne, what may we not expect, when love is paramount, and God propitious ! Your Majesty must be aware, that the people of Lower Canada have, for several years, refused supplies to Government, and are now threatening revolt, while many in other provinces sympathize, and would readily assist. Of immediate causes, I am ignorant, having for many years turned with disgust from Canadian affairs ; but doubt not that the people are right. Certainly Lower Canadians were during war, and long after, the most loyal people in America ; and from personal experience I know that nothing is too bad for provin- cial Government to perpetrate. Supplies ought to have been refused twenty years ago ; and thereby twenty millions of pounds sterling might have been saved to Britain. In an Address to the late King, my own case, opinions, and feel- ings were set forth ; and a copy is annexed for Your Majesty's perusal. Permit me now, most excellent Queen, to advise, at once humbly, frankly, and earnestly. When Constitutions were given to British America, the inhabit- ants were unfit to legislate for themselves : not so now ; — now they are nearly as numerous as were the people of the United States when they achieved independence ; and with helps of this enlight- ened age, are doubtless more able to frame Constitutions. Let them do so. Let the Queen of the ocean cross the Atlantic ; and, at Hal- ifax, Quebec, and Kingston, proclaim the Provinces free ; saving to Britain the sovereignty and the forts, the water-ways and wild lands. Let Your Majesty give to the people a carte blanche for legislation ; " and in mercy shad the throne be estahlished!' Let love be the only bond of union between Britain and her Colonies : then it will be eternal, and all time will resound with applause. No one is better entitled to speak of Upper Canada than myself. It is by nature the most enviable spot on the American continent; but how does it stand in comparison with this State of Ohio ? It * Maximum. t Minimum. Hi 12 began to be settled earlier ; is more extensive and salubrious • as fertile and improvable ; but already Ohio has three times the popu- lation; three times the extent of canals and rail-ways; ten times the wealth, and more than ten times the number of churches col- leges, and schools — all the result of freedom. First and last, my object has been to make Upper Canada an asy- lum for the poor of England, and it may yet be a happy one. For this, lam about to revisit the Provinces, there to counsel peace, and there I shall await a reply to this Address. It shall be transmitted to Your Majesty by one of my daughters in Scotland, who will wit- ness the purity of my motives, as well as my constant endeavors to mamtam the unity of the Empire. I am, most dutifully, sincerely, and respectfully. Your Majesty's loyal subject, ROBERT F. GOURLAY. Nc. 1, second series. Cleveland, Ohio, Dec. 27, 1837. Sir .—Having removed to this city for warm winter-quarters and medical aid, a month ago, Captain Halkett's letter of 28th Nov [See A. J did not come to hand so soon as it might ; but is now before me, giving assurance that the third copy of my memorial to Her Maiestv. was despatched for my daughter. With sorrow and shame have I since read of rebellion in the Can- adas: — sorrow for the poor deluded people — shame for British rule, l^ittle did I imagine, when addressing the Queen, that the 7nadness of the people" would really break forth; and it is now some consolation to think, that the paroxysm being over, good may come out of evil ; - that bad blood let off, fever may abate, and the body politic enjoy lasting health. Immediately after returning to this place, from Upper Canada, last year, I printed my correspondence with Your Excellency, (a copy of which shall be despatched along with this letter,) and was actua ly on board a schooner for passage across Lake Erie, when ac- cident induced delay. I then added to my printed " Record," and was again on the wing for Upper Canada, when it pleased God to strike me down with disease, which stiU renders me Jmable to move into the Province. Sir ! — however wicked and weak — blackguard, bloody, and bunff- hng, have attempts been to rive the Colonies from Britain, no such disg raceful catastro ph e would hav e been witnessed, had the Gov- Memorial to Her Majesty, have been despatched to Seafield. Your obedient servant, p. Halkett. Mv Dpar rntVio,. w- , • 1 , Sfxifield, (Fife, Scotland,) Jan. 3, 1838. 'ri!rl..„*"Ii^^.^':r^«.!:«^«'^«^.y«"r letter of 25th November a few dkv« .n^n ' ♦;:-"" i^"V' "' ""-■ ^V^'Jress, Which we have also received have been forWar"^^'^' ii-ver, my dear father, affectionately yours, j. Gourlay. 13 now ernment been pure. It has been at once impure, wasteful, and regardless of principle, as I myself can attest. I allude to none of your doings. From all accounts your conduct has been honorable and masterly. Your latest poUtical measure — the removal of the military from Upper Canada, and confiding in the people — is above praise — is itself satisfactory proof, that parties have had fair play ; while the result already condemns revolters. We hear that they are in possession of Navy Island, with strong reinforcement from the United States. Let them abide to cool ; and honor them not with a siege. A little time will show them off as truly contemptible. Americans, generally, are grossly ignorant of Canadian affairs. They talk of tyranny and oppression, while Britain has been indul- gent to a fault ; — pampering fools, and caressing bears. They com- pare this miserable brawl to their glorious revolution I What would Washington say, were he to rise from the grave I The good sense of Americans will soon discover their mistake ; and, if the fools, who in frenzy have taken part with run-aways, do not retire in shame, their countrymen will gladly see them kicked out from interference in family affairs. I, Sir, am out of sight the greatest sufferer from colonial abuse ; but, I am a Briton ; and to Britain shall ever be true. I have con- stantly looked to Upper Canada as a field where the best principles and feelings may be cultivated ; and despair not, even now, when it is putrid, of seeing its fruit of the finest flavor. Four years ago I landed at New York ; and, annoyed with the threats of one party, and the caresses of another, issued a proclama- tion against all. A year afterwards, my case was addressed to His Majesty, while I told the Duke of Wellington, that " British spirit shall wphold British America, whether the weaklings now in j^ossession — Governors or governed — zvill or ivillnot." I say so still. But, Sir, there is a cause greater than that of Canada, — more cry- ing than the strife of nations, more sacred than that of patriotism — the cause of the poor ; a cause which must be won, not by hostile attack, but by friendly admonition, reason, and religion. To that cause I am spell-bound. This day thirty-seven years ago, I left London, under the auspices of the Board of Agriculture, (see Young's Annals of Agriculture, voliune 37, and page 514,) to inquire as to means of bettering the condition of the poor ; and from that day to this, have been devoted to the pursuit. You have been a Commissioner of poor-laws : I have made that subject the study of my life. I have informed Her Ma-jesty, that "first and last, my object has been to make Upper Canada an Asylum for the poor of England;" and, with Her Majes- ty's assistance, shall render it " a happy one." Now, Sir, enough is said for the present ; and all I ask of you is, to lay this letter and the enclosed Address to the Queen, before the v-ommons liouse oi xissembly j whiie you cause copies of the whole 14 to be published in provincial newspapers. If ignorance has hitherto taken my writings as bane, these may serve as an antidote. I have the honor to be, with the utmost respect, your Excellen- cy's obed't serv't, ROBERT F. GOURLAY. Sir Francis Bond Head, «kc. N. B. May I request that the enclosed dollar be paid to the Post Master of Toronto — postage of a letter from Scotland, forwarded to me last summer. Acknowledgment of receipt of this, will oblige, R. F. G.' No. 2. Ttrronto, Wth January, 1838. Sir, — I am commanded by the Lieutenant Governor to acknowl- edge the receipt of your letter of the 27th December ; and to inform you, that His Excellency will pay every possible atter.tion to your wishes. I have the honor to be, Sir, your obed't servant, Robert F. Gourlay, Esq. F. KALKETT. No. 3. Copy- Buffalo, Dec. 26th, 1837. My Dear Sir, — I take the liberty of calling upon you to give as- sistance in the cause of Patriotism in Canada. We are contending for our hberties. Our motto is, liberty or death In haste. I am Sir. yours, W. L. McKENZIE. Robert Goorley, Cleveland. M Cleveland, Ohio, Monday morning, January 1st, 1838 Mr. Gourlay received a letter, unclosed, of which the ab^vo is a copy, late last Saturday evening. Looking to it again, nu.v^, he thmks It may be a forgery — being not very like some of Mr. Mc- Kenzie's former letters ; and Mr. Gourlay's name seemingly mis- spelled. ' Mr. Gourlay knows nothing of the present state of Canada but from newspaper reports, some of which contradict others, and all of which may be incorrect. Will be glad if Mr. McKenzie, on receipt of this, writes him distinctly what assistance is required ? on what grounds Mr. M. took up arms against the Provincial Government '^ what IS the force now on Navy Island ? and what the proportion of Canadians, there assembled ? also, what steps are to be pursued ' , Being informed briefly on these points, Mr. Gourlay will immediately communicate his opinions. He has been lame twelve months, and could not now travel to Buffalo, though willing. Along with this he will despatch a copy of " The Banished Briton " printed here a year ago, with intention to give it away in Canada' W. L. McKenzie, in Camp, Navy Island, near Buffalo. o mu , .„ Cleveland, Ohio, January 2, 1838. Sir — The above will speak for itself Last night a very nuraer- Sutherland was present, and stated, that he had come from Navy Island to ask assistance for the Patriot army ; and he was ably sec- ended by several very eloquent speakers, who caUed forth loud ap- plause. ^ 15 s hitherto Excellen- ilLAY. the Post varded to oblige, F. G. , 1838. acknowl- to inform 1 to your :ett. , 1837. give as- ntending I am, NZIE. , 1838. 3i ve is a now, he Mr. Mc- gly mis- lada but ad all of 1 receipt on what rnment ? ortion of lursued ? lediately Lths, and Bnton" 'anada. 1838. r nuraer- GtneraZ m Navy bly sec- loud ap- I I I was then urged to stand up, which I did, telling them, that I took no part in the discussion, but would advise them to pause, and consider whether it was right to throw brands into a neighbour's house on fire, — whether it was becoming to proceed in this busi- ness, while not a single individual was present from Canada, to in- vite them. I said, that American eloquence was powerful ; but that the greatest oratory of antiquity had been unavailing; for soon after the appearance of Demosthenes, Greece was subjected to a foreign power ; and that Cicero saw the downfall of Roman liberty, I then read the above correspondence with Mr. McKenzie ; and begged of them to give me a hearing, when his next letter was replied to. This request was disregarded ; and a resident clergyman followed me, to urge on the cause of Canadian independence, &c. A committee of twenty-one was appointed to manage matters ; and a corps of volunteers is raising. It was shown, that all this might be done without infraction of national treaties ; and a high law authority was quoted, distinguish- ing between national and individual aid to belligerents. I shall accompany this with a copy of " The Banished Briton," containing what was added to it, after the first printing ; and will be obliged with acknowledgment of receipt. I am, respectfully, yours, ROBERT F. GOURLAY. Sir Francis Bond Head. No. 4. T(yronto, U. C, Jan. 12, 1838. Sir, — I have received your letter of the 2nd, and cannot refrain from thanking you foi' the part you took at the meeting at Cleveland. The invasion of any country, by its allies, is an act of aggression revolting to a generous mind. I remain. Sir, your faithful and obed't serv't, F. B. HEAD. Rob't F. Gourlay, Esq. No. 5. " It is often by impulse, and not by reason, that public sentiment is drifted along : causing a tide in the affairs of men, which no wisdom — no experience can stem. There seems, at times, a blind and headlong necessity, even in the moral world, which can no more be withstood than the currents of the ocean — transitions in the history of nations, during which man, as if struck with impotency, stands in passive and trembling abeyance, till the hurricane has blown over him : till the sweeping anarchy — resistless as the onset of the elements — has spent its violence, and the high ordinations of Providence are fulfilled. — Chalmers : Biidgewater Treatise. Cleveland, Ohio, Jan. 5, 1838. Sir — I have this morning read your speech to the Provincial Par- liament, with infinite satisfaction, as it every way sustains British honor ; and I have quoted from an old friend, what seerhs better than remark, on the aids given by the American people, to Navy Island ; and consequent burning of their steamboat, in an American harbour. Yesterday, 3 P. M. a schooner sailed from this port, with a fair wind, for Detroit river ; but the wind, after a gale, chopped round during the night ; and where the vessel now is, no one can say. She had on board General, alias Colonel Sutherland, of Buffalo, with up- m': & 16 wards of sixty volunteers, for invasion of Upper Canada, under the name of emigrants ; a hundred muskets, some field-pieces, &c. Respectable citizens congratulate themselves on thus being rid of many base characters. Some say the intention v/as, to occupy Bois- blanc. Others, that 400 Blacks are at Maiden, ready to receive them with the Patriot motto — " liberty or death." JNo doubt Your Excellency has used every precaution. Very respectfully, yours, &c. ROBERT F. GOURLAY. Sir Francis Bond Head. No. 6. Toronto, January 15, 1838. Sir — The Lt. Governor has directed me to offer to you his best thanks for your letter of the 5th instant. I have the honor to be, Sir, your obed't humble servant, R. F. Gourlay, Esq. F. HALKETT. No. 7. (Copy.) Nhvy Island, Sth Jan. 1838. To Robert F. Gourlay, Esquire, Cleveland. Dear Sir — Your conjecture was right. The letter sent you from Buffalo, dated 26th December, was a forgery. I knew you was in America, but have declined to write you on political subjects, be- cause I perceived, in the sharp letter you wrote to IMr. Hume [see B.] in consequence of his letter to me, when Mayor, that you was still favorable to the colonial yoke, and adverse to independence for Canada. I do not doubt your sincerity, wherever you advocate any princi- ple ; but when I found we had arrived at the most opposite conclu- sions, on a cardinal point, I thought it was useless to trouble you with any more letters ; for I felt grateful to Mr. Hume, for an B. To M-. Hume, a Member of the British Parliament. „ T 1- 1. r , ■^'*"' ^o''*. J^f 3, 1834. biR— I have now before me, your letter to Mi. McKenzie, dated 29th March last ; and am grieved to see it : nay, when first read, it disgusted me. Very possibly Mr. Ryerson behaved ill to you ; but, nevertheless, it was not for you, a member of the British Parliament, to descent? to vituperation, evidently writ- ten for newspaper display. Had you done justice to my petition, presented 27th February, 1822 ; or had you brought rne before Parliament, any time during the six years I corresponded with you, lor that end, all would have been well : indeed, Canada, instead of being a dis- grace to Britain, would have been, before now, her joy and her strength. Is it becoming in you, acquainted only with partial details of party politics, to fling out venom against British rule, however blameable, at a distance of four thous- and miles ? — to flatter ""«=«. I took mea ures towards appointing such a Relegate, but, struck down with disease, was oblS to dIsS I have now lauded his Report, and advised holding meetings in everylownshin to li^fZ' V %^T'' the wretched opposition got up in the Assembly7thndiot pre° sentment of Newcastle district, ancfthe nibbling of a party cliow in London «tvl»H the Constitutional Association of British America ^ ^ ' ^^^^^^ ,«cf ^'"^^T thus far to sustain Lord Durham's Report -the thine which has costEnglandunwardsof £30,000 — the thing which his st rr^H ,,^ tk j r colonial pollution, and alarmed the tad-poles 1 2 hingwhchfs soC J but g:a himsdf"''* '' "^""' ' '' '^'"^'"^ ''' - ^« fetUe"a«ount? w^^SU"i Brougham has whitewashed in the House of Lords ' "^^""^ With these lights, let my letters to Lord Durham be again glanced at THpv «« .hall we eayof to S»i,din° m^letr fmSS™^ ."""usabre; but "what talnly would not have hurried to T. S-iik .t ■ ^ f ", '"' colonization, cer. had L not cVeeirdSebe°tnorva?„rT''°"/''"'v' "''*■■• i"''™"'". o^Ei^l^'ThTrulSS' ""•" ' -^.n *^"=-Sr.eeS >r8 who vi8ited'QuebecSf,S;Z~;.?Il^'..8Teat number of American travel- I devoted mv7ru-?"'^?**™'"''"^ho flattered h tr;'nTLv VS'n&S-^^^^^^ "7^yy {ffortsVor-'Canada- not .ee - for fear of Brougham I ''^•'''^ ^"* *° '^"^ ^"^ - ">«' 1^« '^o^W 29 It is possible that Lord Durham neither saw my letters, nor knew that I was in Quebec. Although Col. Couper assured me that his Excellency should cer- tainly see the copies, before shewing them, he might consult the Chief Secretary, Mr. Buller. Buller might say, I received all Mr. Gourlay's letters ; but Turton and I deemed it prudent to withhold them from Lord Durham, that his Excellency should not incur greater displeasure from our friend Brougham, on whom Turton depends for a whitewashing. Let us have the copies, Colonel, and we will shield you from responsibility. Law counsel will do more for a man, than a man can do for himself. Law coun- Bel is not encumbered with feeling, or pledged in any way to regard truth. Law counsel may lie and deceive every way, for a client ; out, such law counsel as Mr. Turton, who had set at defiance the decencies of life — what could such a one not do? As to the Cnlonel's pledge, that his Excellency should see the copies, that could be managed as uonestly as the assurance, by letter to me, at Queenston, that "his Excellency had before him all the documents." His Excellency might see the letters, and have all the documents before him, without knowing one word of the contents, or from whom they came. When I wrote to the Duke of Wellington, from New York, those letters which Appear printed in " The Banished Briton," his Grace honored me with a note of acknowledgment, wholly written by himself; but Col. Couper writing to me, at Queenston, merely signs his name, that in case of after question he may, with greater show of honesty, exclaim — Oh! it seemed a matter of so little conse- quence, that I left it to my clerk. Mr. Duncombe, a member of the British Parliament, who for some time made one of Lord Durhun's suite, and with whom I conversed on the subject, crossing Lake Ontario, in October, as well as at the Falls, seemed surprised at my treat- ment — describing Lord Durham as the most affable of men. AH who conversed with him, in this country, attest the same ; and the delegate who went from St. Catharines, with an address to his Excellency, told me, he looked just such a man as would say, " make way for Mr. Gourlay, that I may talk with him." Here, again, I shall pause, that the public may have further time to reflect. Published in the British Colonist, June, 1839. FOR GOD — THE QUEEN— THE PEOPLE. Mr. GotiELAY respectfully and earnestly invites inhabitants of Grantham to meet him by 2 o'clock, to-morrow, 30th instant, at St. Catharines — then and there to discourse of matters vitally important to them and to him. Allanbiirgh, Fehitary 4, 1839. This day a numerous and respectable meetinf, of the inhabitants of the township of Thorold, was held at this place, — Jacob Uppek in the chair, — J. H. Lacy, Secretary, and James Smith, Assistant. Mr. Gourlay handed a letter to the Chairman, which was read — stating that, about a month ago, it came to his knowledgts that Lord Durham communicated to gentlemen, who waited on him, last October, with addresses from Niagara district, that other prov- inces purposed sending delegates to England, there to aid his endeavors for the common good ; and he would be glad if tipper Canada did so. Mr. Gourlay said, that this was a matter of utmost consequence ; that he was in no way beholden to Lord Durham ; but the contrary — for, on going from Ohio to Quebec, with the express object of an interview, he had been denied ; but on such an occasion as this all little considerations were set aside ; that it was not in his power to report what he heard, from ill heaUh, till last week, when he did so, at a meeting in St. Catharines ; and that he had been invited to this meeting. He said, that the Imperial Parliament met on the 5th inst. ; that petitions to both House* might be signed immediately and despatched, 80 as to be in London this present month ; and that a delegate, or delegates, bearing ad- dresses to her Majesty, might be there by the middle of March, so as to arrest attention, while the great question, regarding the fate of British America, was yet pending: that, till noWj sendinsT home petitions, and such d^les^te?. fi5 P^ndnll. MAck^R^!t^ Di^ncrt-r^V'* and others, was worse than useless ; but now they would be hailed with joy, equally by thepeople and Government — now they would begin the work of regeneration. The meeting, after some discussion, agreed to sign and send off two petitions, so as to reach New York prior to the sailing of the Great Western, on the 13th instant. A committee ot twelve, viz. : — Thomas Page, George Lacy, John Ranney, George Vanderburgh, Jacob Upper, William Sutton, John Cole, Jonathan Williams, John Hoover, n 30 h Thomas Ellenwood, James Hatcher, and Joseph Merntt, was t len chosen, and authorized to toke every requisite step for sending to England one or moie delegates. The meeting having adjourned, the committee proceeded, and Resolved,-- That it be recommended to the inhabitants of other townships, lo meet on or before mat It ne recominenucu lu mo iuiiow.,^.i.= ". >-...^. .-- -r ■ , , . , . the I'Jlh instant ; each township to appoint a committee of twelve, and these o send two delegates each, to St. Catharuies, by Vednesday the 21st instant -h^" ».A therB lo ma- ture the whoit- business re me wnoif oiismcss. . . „ i. i __ . That this committee shall again meet on requisition of any two members, and on two days' notiie given to all, by the Secretary, and at such meeUng three shall be a quorum. That the Secretaries shall send copies of these proceedings, together with copies of the petitions, to each of the district newspapers, for publication, attested by his signature. To the RigJU Ihnorahh the Lords, spiritual and temporal, of the United Kingdom of Great Britain and Irrland,in Parliament assembled— ,, ■ .v n;.. -.. The Petition of the undersigned, Inhabitants of the township of Thorold, in the District of Niagara, and province of Upper Canada, , , , i ■ Hi; MB! Y Showetii :— That the state ot this province is now truly deplorable ; nor can there be the slightest hope of improvement, either looking forward to peace or to war, till Rreat chansres are effected in the «i/.s/ewi of the government. That vour Petitioners understand, that the subject will immediately engage the atten- tiou of your Lordships' House : and as it is notorious, that the inhabitants of this district have ever been truly loyal, am', at all times have borne tpc brunt of hostile attack, m de- fence of British principles — so, .hey doubt not, the most le:.U-;r solicitude will be mani- fested towards them, by the Imperial Parliament. ,.,,.,, v. That they do not wish in any way, to determine virhat is best to be done , but as it is clearlv and absolutely necessary that some decisive mea.sure must be resorted to. their sole desire is simply this, that before any legislative act is passed, Commissioners may be sent out to Cana^— men of talent and business— above all selfish influence, who may, on the spot, and in every district, openly, fairly, and fully inquire into every; cause of evil, and ascertain from the inhabitants themselves, what are their wants and wishes. This your Petitioners now most earnestly entreat, and they will, as in duty, ever pray. To the Honorable the Commom oftJie United Kingdom of Great Britain and Ireland, in Parliament asesmbled : n • .u j- . • . r The Petition of the undersigned, 1 ihabitants of the township of Thorold, in the district of Niagara, and province of Upper Canada, Humbly Showeth :— That it is notorious to all the world, that this province is now afflicted with accumulated evils ; and, indeed, the condition of the inhabitants is deplora- » ble— whether looking forward to peace or to war. , ., , , , , ... That your Hon. House may be well assured, such evils could not have ensued, but from weighty causes ; and your Petitioners frankly confess, that much dissatisfaction has been long felt by many of them. ,,,. .jj. .i.. j. That twenty years ago, when the people of this provmce banded together, to send to England delegates, there respectfully to entreat for inquiry into the state of the provmce, the Co nial Government enacted a law which put this out o! the power of the people : that this law was, after a few years repealed ; but then, and lor some years thereafter, it was hoped that all would sro well, without further action of the people, as a body. That, nevertheless, grievances were again complained of ; and, being unattended to, a portion of the people, much excited and sadly mi! 'abundant. The (5obourg scm nar>; out-stanng ^ '' ^^at is sanctuno- nious • Vairvand lank, that learning cannot possibly take root in it Acc.lege at Sand- S, buUt^^fore the War, but now I pig-stye : and one at Toronto, mdicated only by an "^'^h^^'odifices of the church ! How few worthy of the Divine presence ! How many unfinished : how many tallen to decay ! , The church itself, wholly miUtant. Episcopahans maintam.ng what can ne^er be es tablished ; Presbyterians more sour than ever, contending for right ^^^ere they have none whatr;ver; Methodists so disunited that they cannot even f'n « a rf pectable g^^^^ and Catholic priests wandering about in poverty, because their scattered and starving flocks yield not sufficient wool for the shears. '! (, « 32 nn« insiitution onlv have I seen praiseworthy and progressing-the penitentiary; but fromuasinglefarthing, anrt atthi^^^^ so much by connexion with Canada, as ?« Sub^ful did 1 il paSSin^t you ? No : though aged, feeble and lame, I stood up fate 'doubtful, did t take pan a^ > ^ j^ province than hundreds of your armed men. "• &d bTth4 Gotrio?-in Chtrand he/ Majesty's High Commissioner I went to him a Quebec-travelled 700 miles for an interview, and by him was spumed as a dog fek y?u that I am humbled thereby ? No !. my old friends, I am now with you, to speak « Xinlv as ever • to offer you my best advice, and humble services. Cr situation is now deplorable in the extreme, either looking forward to peace or to vJ^ In ueace who will now immigrate hither, till an entire change of system is acl ey- 7d'' In war you have not the shado^ of a chance. In a single month jour "eigubo^s ^fthiTTniif.rl States could overwhehn you, in spite of the utmost efforts of Britain. L,ast ^?wh"lftLri was 3her canal, nor ra.l-way, nor road to the frontier, they held lake S'e bLyond the iTope of recoverv ;'and there was but one question as to the possession °'Sk°nrirv:urrmta^ti;iSr^^^^ lakes, and the very thought is.decisive of OiTfateTf thirprovTc'; while lowe'r Canada is still less tenable^ That man mdeed i» a traitor to Britain, who would blink these considerations for a moment. mat then is to be done ? Wait till Lord Durham speak*, for you, in the House of Loi^s ' ™'t n he Imperial Parliament listens to h.m, whom that tarhament has unan- Lou'lv dec ared to be incompetent, and deserving only of pity ! -who is protected from mneachment only by a bill of*indemnity. Away with such folly : away with procrastina- tSrawTywiSi doit: away with d^may; and trust only to your own virtuou. exer- ^'Tcannot go far, or speak to many ; but there is a meeting-house within ^"7 3;^rd8 of K Z ;5 »; Krh™% ,hU pn,™c^ W cvea g,t become ^-J «^J^ -"■ ABLE SPOT ON THE HABITABLE GLOBE." ii.Uiit.i^.1 H . UUUXVAuAi. ¥!RRAl*A " is' fur " R.>bt. r. Gourlay," read " Eobt. Gourlay." •« incorrect. " W', for " RoM. F. Gourlay," rend " Bobt. Gourlay." Pap REVIEW. "he above correspondence with the authorities at home and abroad, regarding Canada, has been repeatedly pubhshed before, with the notes, in parts, but never till now all together; and thus only could it be appreciated. Even now it cannot be made the most of, nor till other documents, in readiness, are exhibited. WitH these, the whole will be worthy of gravest consideration ; and then a full commti-tary shall follow. . „„ „ jr.- j a In No 10 of my correspondence with Sir F. B. Head, his aid-de- camp, Captain Halket, assures me, that my "letters and other pa- pers" would be "sealed up and directed." Only this last week have I received a letter from Sir Francis, dated " Romney, Kent, England, April 10 — 43," which closes my evidence that the aid-de- camp was not a person worthy of trust. I am now, too, assured from respectaoie persons, mosi iikcly lu kuuw mt; vn-mt, ii..-a - — - ham was personally cognizant of the brutal treatment I experienced under his administration of the government. ^«„„t » -.r ROBERT F. GOURLAY. Boston, May 20, 1C43. THE HMFTTUKrilAN. No. 3. CORRESPONDENCE WITH HIS EXCELLENCY C. POULETT THOMPSON, AFTERWARDS LORD SYDENHAM, &C. &C. To His Excellency, th& Right Honorable Charles Poulett Thompson. j^o. 1. St. Catharines, January 16, 1840. Sir — Advanced years and indifferent health, would prevent my waiting on your Excellency, at this time, personally to pay respects, were I inclined ; but inclination is small, after experiencing neglect from Sir George Arthur, and worse than neglect from Lord Durham. Indeed, it is more than possible that a man of my turn of mind, never can agree with the Herods and Pilates of Colonial Govern- ment. You, who have worked your way from the counting house to the Cabinet, may make exception ; and ordinary rules may be set aside, by one whose extraordinary talents only, could have placed him where he now is. All this apart, I deem it duty to draw attention to a matter, which, as Chief Magistrate of Canada, your Excellency may properly investigate. Perusing the annexed print, it will be observed that Magistrates of St. Catharines, " assigned to keep the peace," did nothing to keep the peace. They 1 ade^me go back to Grimsby, (eighteen miles,) and apply to the nearest Magistrate. I pleaded bodily infirmity as excuse, while they had only to write to their brother Magistrate, or to the Attorney General. Before the Grand Jury, the same advice was tendered, and the same excuse made, while nothing was effected. After three days. Sir Allan McNab was written to ; but he delay- ed four days ; and at last, on the fifteenth October, the Jury went before the Court with a presentment against Andrew Muir. This done, the Judge immediately closed the session ; and two months afterwards I heard, accidentally, that Andrew Muir was arrested, and laid under heavy bail for appearance at next Assizes, when it may not be in my power to attend. Whence, Sir, is all this trifling? Would such a case be so treat- ed in England? Ought it to be so here? You, nor no gentleman bred at home, can readily conceive how the same laws, which, there, are in force, and effiectually in force, 6 i' I 34 should here be only a dead letter; or, worse than that, used or not. as it suits ruling authorities. „.,„tured Colonial abuses; and, Lord Durham's Report has ™*£'"f |;7„„^hout it is worse than till much more '^^'^'^^^ Z^''"'' ZT^heSmnifo. Canada. useless for the I-P-'f Pfj^Xt ,he grf ateTlrse of all, from On this occasion let me say, tnax me b ^^^^ the beginning •"! "°^' 'l^l.^^n E^daK no? here. There, materiel for Magistracy exisung in ±.ngjan ^^^^^^^ God knows, stup-dily abounds , but mMnness, a g ,^ „e not. Jackson '^ his record d ^^^^^^^^^^^ knA^fmeA the slightest connection. jj jj^^ 3o„g his; Had the Turydone "^. '^"'y; "■^j;^^,? " „id have impressed sol- had Andrew Miur been ried, the Com wo^^^^^ ^ V emnly on the pubhc ™™^' ^^^^^^ *lfd - men in authority, and KUe « f £ the v^. ^^y th. t^e Conn rose__at ^T^^J^^r:^ rsr:si'd:rwhi.e bloodshed and death 3sCc=«;T53s's:r:^;t said. Meantime, accept the assurance of my respect. YoiirExcellency's obedient s^^^^^^^^^qb^j^t F. GOURLAY. BRUTAL OUTRAGE. with Doclor Woolverton of ^"msby v. hge and on he moun , ^ ^^^^^^.^^ miles from said vi lage, having ^^"PP^^^'j^'^J^jr old hat the proprietor of the home from their labor in ^^^e JieW and bem tom t^ ^^ ^^^^^^ adjoining farrn was a ^^""^•^r ""f .^^'oneT af"emards learned, was Jndrew, the and whose Christian name he, the deponent aiierwd ^ . deponent expressed a w.sh to be ^^'''^i~'i''''l^^^^^^^^^ about two yards T-hat this Andrew M"'/ then approaching the vvao^^^ "deponent's name, from the same, was ^"f^X./dr^wMuirtharie rushed toward the deponent, which was no sooner heard by AndiewMuiMhann^^^ ^.^ ^^^^^ ^^^^ ^^^^^^ 35 That the deponent asked Doctor Woolverton whether Andrew Muir was subject to fits ofinsanrtj^and was told that he was not, but an extremely ignorant man; Ind th^t the deponent afterwards learned that he was a ricn man. . That the depSnent, not wishing in any way to involve Doctor Woolverton with neiXurs by advice or otherwise, did, so soon as he got to the village of Onms- r „,?t on Rfhert Nelies Esq. J. P. to lodge an information, on oath, as to these oJ;i7r? nces wUhlt the know^iedge of Doct'or Woolverton ; but. finding him from Ee, thea^alled on Henry Nelies, Esq., J. P. for the same end. who was also ^'TheToonent then wrote down facts in this case, and left the same, sealed up, for the safd Henry NelTes-deeming it his dutv, as well to himself as to the pub- Uc to take every^tep towards securing Andrew Muir from perpetrating such in;,th„r art-Doctor Woolverton having joined the deponent in thinking that the °1 A n^lr Muir vTou^d certainly have put to death, instanter, the deponent, "nderMrfurTo": im^uUe^S £ held in^is hand a pitch fork, or other deadly *° That the deponent could not imagine what had actuated Andrew Muir, till his •ili^tSt Catharines where, on the 13th September, he learned from John %'." ^ pi TPtha? a Mr Patterson, from Grimsby, had been with him and Sa'ted tha?the deponen? was to hold a meeting at Bea^sviUe and that there, he would Kpposed! as about three hundred men were prepared to put down meet- '"^LritoSt taring this, and understanding that Mr. Clark was accused of .1 „^r?nt^ndin most daneerous kind. 36 made at Beamsville, but drew a distinction betweeii me n f ^^^^^^ Tnd at Thorold, where the District ,"^^f/;"f , ^^^ ,^f ^^istinct oi! without a differ- only, that cudgels were to »^« "««f, , ^"^^^^'^ i'„ be usS prov ded i^ -^r:rarS^S^has.centlytrj^ind^^u^^ and altho' no act was f o"»f"^"f ' ' ^^^ J^^^and rob In my case, a most furious merely on proof of ^f "^„\° Ve^^m^^lte d^sp^^^^^^ of indra'w Muir, is pal- assault has been made, and the cuimMS uie m ^ p^^^ ^j^^^ ^^^ pable. He wanted only a deadly weapon, to have put "J« «> ^« perpetrate acts Connection with the fact, that ^^ree hjcke'l^^^i^^S wifuppear lar Lyond that of the same kind, and the '"^g"\t»d« o^ consP^^^iy^"^ "«' P^^^^^^ to the extreme, exposed to view, at Cobourg. ^^,f„^^f '°"S^^^^^^^^ have changed in- itJ^nTandVhTaruU o^n^mr^^rS le^^^^^^^^^^^^^ ^hich set aside the plot on its larger scale. ^ j jn ^ring the subject Lfo^tt'?ou^t^tSdtteV'^n7L^^^^^ - throw light on machinations -^PJ^^^Xutedty ROBERT F. GOURLAY. To Sir Man N. McNah, KnigK ^c'^-'^^or ike Crou>n, in tUe Court of Jssizes, at Niagara. „„ n m^Q QuEENSTCN, October 11, l»Jtf. Si.-I refer to copy of an affidavit laid before the Grand Jury, last Monday, and of l^lJTtLtlltfngThLeto, which -quire youi, gravest a«e^^^^^^^^^ ^^^ The Jury advised going before a single ^l^fl'J^^^'^^^^^^^^ be leve, representa- trespass act, and set aside /'^g"'^^"^^„J° '^f /bJ^ls pa ?Tn the matter. He pal- led tin^^gS :^t'?^:s:^^'^^^ eX---^ - a vio. ent manVan'd I fook to the -hole proceeding as a re.ulto^^^^^ ^^^ ^.^^^ While at Grimsby, I knew nothing of the .''f ^f^t man and I now firmly be- then have learned, that he also is considered a violen man and^i^ ^^^^^^ y^^.^^ lieve,that to his violence "^'^X 'j« ^^^'^."Vand I doubt not was excited wholly That ignorant man could know little oi me, ana i Qouui by the wrong representations of others. proceeding, I accompany 'As evidence ot the extent to which vio^e"ce ^jj. "" ^j^ ter, of 13lh Sept. this with a printed h.ndbill l^ re-prmt from th^Niag'im^l^^^^^^^^ ^^^ ^^^^P^J which assuredly ought of itself to be "^ «;-\ "^^^^^^^^^ «„ ^y speaking of the the writer is an ignorant man^ He '^^ ^^^^^^JJ^^^^n '.gamine this, and say if ^^^^:r::Cr^J^^^"^^^^ ^-- -^-^^^^^^ " "M^yX^'sof ihis'hSbill were circulated at St- Catharines, on the rnorning ^°f ^^s;;S^,X^ i^Sta M^^^oi^;--m^— tteb3^'?:d ince involved in misery, Irom party ^^'^f ' .^J ™^ at the great Dis- gone there for the express purpose ol ^a^t «ning agains^^^^ g ^^ ^^^^_ trict meeting expected to be held a ihorold^ ^.f^^p Spies and views, was, out my knowledge, and altogether at variance wun my p ^n j. : . and in that nevertheless, qufte legal, and -nsonantwuh the custom country would not have been opposed by s"^^,f^P["7'bave been witnessed there, of; -.'would any such riot as that sirred up ^'X f^^^-^^ ^oU^^.a! meetings of Even in Edinburgh, noted lor Tory principles,^! nave ,^,1;^^,^ j^^^^^^^g ^jt^ 20, 30 or 40,000 persons, with nag. ";, ^^i"'"*;;-;,; " .ged-aVl withoutopp~osilioa unheeded. 37 It is impossible, Sir, looking at all points, to conceive such brutal outrage as that perpetrated by Andrew Muir, to have proceeded from an oidinary cause ; or from ihe mere impulse of private and individual passion. It was clearly a result if conspiracy, and instigation by otliers. Looking to it in that light, I most posi- tivelv say, that my case is not one for determination by a single Magistrate, under the Jetty trespass act; and especially in or near Grimsby. Ij ^^ a case which loudly calls for investigation ; And I do hope that, as a firm and J^f f"l ««»= " "/ her Maiesty, you will yet call to it the unbiassed consideration of the Grand Jury, no that in open Court, full justice may be had, and such impressions made on the pubUc mind, as may insure; in future, better results than what have lately disgra- ced society. ^^^^ respectfully your's, ROBERT F. GOURLAY. ]yfo. 2. ToEONTo, 21st January, 1840. Sir— I am commanded by the Governor General to acknowledge the receipt of your letter of the sixteenth instant, on the subject ot an assault committed on you. by one Andrew Muir, on the tenth September last. ,. , ii * 1 have the honor to be. Sir, your most obedient humble servant, THO'S C. MURDOCH, Chief Secretary. Robert F. Gourlay, Esq. &c. &c. St. Catharines. To the Right Honorable Sir John Campbell, Knight, M. P., Attorney General, cfc. <^c. St. Catharines, Upper Canada, January 27, 1840. Dear Campbell — I write to you on bed, having been an invalid, with short intervals, the last three years; and, urged only by the important occasion, make an effort. tut 4V.^„t This will be transmitted to you by my daughter, and will, 1 thuiK, reach its destination, before the Canada constitutional bill is debated. Let that bill go so far, but not pass into law till much more mmvie inquiry is made, than that on which Lord Durham s Report is crounded. Let Commissioners be sent out, with the advanced bil , for full inquiry in every quarter, before it is finally passed. Indeed, could the constitution of this province, as of the Lower, be suspend- ed till the same period, (1842,) it would be best; but that may be ^"^K^reatest curse of this province, is the Magistracy. The township of Grantham, in which this village is situated, contauis about three tiiousand people; among them are eight Jusaices ot the Peace and as many Commissioners of the Court of Requests, while 'other townships have not one. It is, (as a Magistrate has this day said to me,) " a family concern:' Magistrates are the majority in Grand Junes, and find bills, or not. iust as it suits power or prejudice. In the case of Andrew Muir, they did nothing till the last moment, rnd then brought in -dprcscnt- meni. But enough as a hint. Years truly, ROBERT F. GOURLAY. 36 ^^J« ^ /Tnnv^ Willmrnhby, Cuyahoga, co. Ohio, Dec. 12, 1836. Sir i Myi\enta was to have started from this place for Tor- or^toamoSa^o; but letters from my famUy not commg to har.d, I have been detained here, and may still. ,. .,i„ t.,;.;,i, Govern- At all times, however, I am ready, a a call of the Brd^sh Govern „,ent to proceed with Comm.^^^^^^^^^^ StTundefdrtbrX 19, IBSoTin order to enquiry as to -/hrt^^ST|2i-s,i:;;o^.r^^^^^^ I'-^adt^oS^e^trdr^u:^^^^^^^^^^^ "''^iJiltr'tte W^SernTstrict last avi.umn, I observed front a coadjutors, (conjoined to my own aa^^^^^^^ ™ V ^^ ^l„ ^■lTorrdr;;^fo;^l'-^^^^^ ^°KT£ad. """' "'^f ^^ KoVeTt' F. GOTJRLAY. £f<. Catharines, January 31, 1840. «;tp — Gratified with your causing the receipt of my letter of 16th!n;7an"e'adcno Pledged. I am on the ixnnt of eav-g thjs place for Toronto, there to wait on Your Excellency •J'^^^^^^^S ^^ very feeble health, am doubtful whether I shall be able to get \ have the honor to be, Your Excellency sob^edt^erv.^^^^^^ The Eight Honorable Chae les P. Thompsom. ^m. Gourlay offers his best Z^is to the Governor General ; and would do himself the honor to wait on his Excellency, did he know it -onld b» ■■nnvenient. and, at what hour. . _ 'Edvnburgh'Castk Tavern, ( rormM.) February u, lo40. Not replied to. 39 BOSTONjJtiNS 15,1843. Here i. the whole of my co-sponde„ce ^th Mn Thomp^o^^^^^^^^^^ a fit accompaniment t is to that wiili ,1-"J,'> . ^^.^-^^^am, and S^r O^^^^^^ ^^-^^^ documents are exhibited, I shall be able, it is hoped, *° "I*^,^*'''^! '^lil^-.'/d „„ my account with led to so much contempt of me ^f^nt these personag.s^Mea^^^^^^^^ ^^^^ ^„j ^-.^ the deceased Governor General. ^° .'""^K *^^ '^ .he macto^^^ to work out any .pe- matters that they seldom understand, that it is easy for '^e 'nachineiy ™,°|„„ ^^^.o,, and com- ^-^^Sd^pe^j^:s^^;?s.i^9t^ ssrriiK^ii^Sc/Biii^iiMiiiK'a^^ a "a Governor in Canlda, I was really anxious to pay mV [Mpect* '°^"tKom St. Catharines, wi.h rheumatism, I therefore made "" "ff")^ '° ^^-P,^' 4°;°";° '^^'^^ SnSjay°my ailment being I reached it on Saturday morninR, and immediately wenl to bed. ."" r^^' ^^^ed it by a special increased, I could not go to the Government house l>"»Xen ^o w^ite aSC, seal it, arid put 1840, for publication, in the British Colonist, and signed Fifean, i. e. a man ox r .. , ^°ffie verses were intended as a history ofthe -,e^;o--i j^ UZ an3 E'S^ 'in sub ect deserves. The^ will be found below, under the head- " THE jN.ONKEY war." . BANtsHt.. BatTO. No. 3," was nrinted off i^^^^JXT^l^^r^^^^^^^ amon? the boarding-houses and pubUc "5'"l\rHip, fitters Je« tiU Tuesday. About 2 o'clock, the printer was instructed to keep up wo last ™. f^^gnj^d jo, Mr. McCormick's property preceded, but the Bed-tapists had given 'h^e no thought^ save look but to datt..-The rngrale- Sn Pele Island might have been guardec a d n_^^' > "7^^,„t f ,he true character of Colon.al gov- ful return made me for services at C^'land, marks stron^i^^^^^ at Cleveland? ernment. Who could have inflamed the ^"/ror, of war »o PO^^enu y ^^ ^^^^^^ ^^ ^^^^^ whose letter befi.re us is a tissue of shufflniga.idpalpal^^^^^ ^^^ made even this [Cr" Wajit of space precludes further remarks at present, aim ^ ^ ^ hard to accomplish. Let the British Government -the ^^^^^^\^^^ vithtl.H. authorities coMoeniing Upper Canada; ""^ eventliej may^^Hm j ^ .^^ tome-the Lord Durham, Sir George AriUui iuid '^'';- '''"'7,^,1'", ^.t^^m^^^^ At present let us 40 nothing of his origin or his.o>7; but ass^^^^^^^^^^^ Such a man could receive bnbes- cou d Me„cy however will be happy to consider any coi»- .uiled his interest. He says, ihat « » .dTesse^in writing, to me." What! could I have aity ZSXlCJ'neZZA a sSl in a'e' "olonia, llepartment, Downing-street, a,>d le. ''Ma^'nrh:S& and legislative Councils^^^^^^^^ a {ersonal interview ^i^'V^^o^SL fo^ad ^ncing my |reatr"ljec.s ipoof law V^form aad ^^^J^:i:^^S^ ^SHr^^r^^i^"^ the upper Canada Assembly, I wrongs. It rtid. me justice and deelare^^^ Sydenham confirmed tie re- ^^ illegal, unconsututtonal, "«'' '?^'/'''"' 'fX' The day arter that, I wrote the following, as an &Su"VeCJro„""Herard', S it w^as t'he^first^newspaper' announcement of the melaiv 'dEATH of his excellency, lord SYDENHAM. All is finished ! Parliament is prorogued, and the Governor Gen- eral is dead ! -■ " sic transit gloria mnndir Let us now be calm, and reflect on these occurrences, as men and christians The first Parliament of United Canada has ended well -well bevond all expectation, and much good has been achieved. The labor was arduous, and could not possibly be completed in one ses- Son but the ma n positions of the new Government have been Sined and some^f the most essential measures of reform effected Conflicting opinions have not been carried out to injury in nnv wfiv and all have parted in good humor. .... r. '^wLrmos concerns ^the people's liberty-the mstitution of District Councils -is secure; and. secured, may be amended A Biard of Works is established; and an improved system of Educa- tion wS br^ntroduced. Fiscal regulations, of a critical nature, are very p operly suspended, till well adjusted in all their bearings We layXLJh. merely to proclaim our feelings on the eventful occa- ^ion- reservino- for the future, details and strictures. The dealh of Lord Sydenham, when it happened, seeins as if the iLlgh ty decreed that matters so momentous should be sealed wfth the utmost solemnity. No sooner had the hand of His Excel- kncy performed its most important offices - subscribed his will and an the instruments of the Legislature, - than i. ceased to move and there was but time for the effusions of affectionate feel- er thoughts of a better world, and for admmistermg the Holy Sament to the dying man. before his spirit returned to Him who ^Thedeath of Lord Sydenham, thus strikingly marked can leave but oneTmpression on the public mind - submission to the All-wise Disposer of events ; and a humble tru«t that God will never aban- don those who are worthy of his regard. As an instrument, Lord Sydenham will be looked back to as specially appointed, and singularly efficient. In business, he was indefatigable; and what he accomplished m tin s ^vay must have Ten grLt indeed. As a statesman, he was ^^^oubtedly wise and prudent; for however some, who have heretofore basked m favor, mav complain of no-lp^t to ihem. and of promoting others, whom they looked upon with prejudice, yet. sure we are. nothing else could have secured peace ; and. peace secured, this noble Province needs but time to be prosperous andi happy. So bo it. THE HUFTlffMEAH. No. 4. To the Honmahle, the Ccmmons of Upper Canada, in Parliament assembled — The Memorial of Robert F. Gourlay, Sheweth : — That your me- morialist, a native born British subject, acquired right to land m Upper Canada, by marriage, 1807 ; and soon after, purchased an equal quantity adjoining thereto, which he paid for m Edmburgh, That, he went from England to Upper Canada, 1817, to see his land, and consider whether he should not settle there with his ^ That, being pleased with the Province, he resolved to become a settler, and to establish a land agency— •■ • , , j That, he circulated queries for information to emigrants, which led him to know that abuses prevailed which retarded the improvement of the Province — . . . -r- i j r That, he then proposed sending Commissioners to England tor the removal of abuses, and was generally countenanced — That, inhabitants of Niagara District chose certain of their num- ber to meet and take measures for this end, and in furtherance ot the same, ordered a pamphlet entitled "Principles and Proceedings to be printed and circulated— , , ,, . i. -i r * • i That, your memorialist was twice arrested and held to bail tor trial at Kingston and Brockville Assizes, for circulating the pamphlet — That after being twice honorably acquitted, he hastened to New York, and sent to England a power of attorney for settlement of his affairs in Britain, that he might follow out his business of land agency ; but, on return to Upper Canada, was thrown into prison and confined eight months without benefit of bail — That, at the close of this period he was called before a court ot justice and banished, while so weak with cruel treatment as to be unable to protest against proceedings — •, .i. • -r^ i j That, returning to Britain, he found his property both in England and Scotland out of his possession, and disputed in the Court ot Chancery and the Court of Session— ♦ v* That, after four years' litigation, he succeeded at every stage ; but then was exposed to other and continued trials, so as still to be kept out of possession of his property — •, , i • . j n That, losing hope of success by law process, he had printed all essential papers regarding his property, and acquainted liis son that he could not move further, who, in consequence, returned to fecot- 6 ^s. # land from Upper Canada, to give ^i^'.^'^^J.^^;;:. /^^^jjew York^ whereupon your memorialist crossed the ^j^^^f /°, ^^^g qJ^^ placed printed coi.ies of aiiairs ui the f^fmlv 18^8 Tor himTo counsellor at la^v. who wrote his power of f °f^Xmenl butTfter witness transactions and contmued efforts for ^^^^^l^^^J^^^^' ^^]*/;^^^^ eighteen months' residence in that city no PJ'^g''^^^. ^^ to'wait vour memorialist retired to his present residence in Ohio, to wait nSri^'^nrinformed that l-bhc.affairs bo^ in Lowe^^^^^^ TTn.ier Canada are more and more occasionmg trouble --that he is mo e and more ^ssiued that no peaceful settlernerit can be obtamed but bv Ml and fair inquiry, which can only be had by applicatioi^ to the ImpeiialParliament, whence emanated the constitutional act of ^o'lrmemorialist therefore -w presses what he reconu.en^^^^^ eighteen years ago, namely : — sendmg Commissioners to Englarid, tiere to inv'L, what he believes the competent authorities will cheer- fully grant, free and fair inquiry into every cause of ^vjl- ,. Your mmorialist maintains, that every step ta^^^ifg^^J^^^*^^^^^^^^ in Tinner Canada, was oppressive and barbarous. He can still pro duce^evLy Xd VTnted by him there, in proof, that nothing but zeal Fo^rnbhcVod aviated him throughout. He can prove that his efforts for ?he benefit of the Pf ^in^e were unremit mgf^^ years after his banishment; and he ffelsconfiden ^^^t, vath j^s^^^^^^^^ done, he could, still more than any other individual, advance its pros ^'^tn\t tegSure this twenty-fourth day of March, one thou- sand e^ght hundred and thirty-six. at WiUoughby, m the county of Cuyahoga, Ohio. ROBERT F. GOURLAY. Witnessed by Cakb Wilmot Wraton, and Andrew Hmliston . No. 7. First Series. Wilhughhy, April, jm^. fPmvATE.l Mr. Gourlay presents his comphments to Sir 1. li. nlad has not yet received back printed testimonials enclosed with his last c<)mmunication, of March 24. but hopes they are on the way^ Mr. G. subjoins part of a letter to his claughter, which, with her letter enclosed, he begs may be retained till caUed tor. .^ ^ Toronto, March 31. 1836. Sir- The Lieutenant Governor has read your testimonials, which I beg to return to you. He has also perused your memorial, Tnd has seSt it to the Speaker of the House of Assembly. • I remain. Sir, Your obedient servant, R F. GouELAV, Esq. F. HALKETT. ^'m?' Gourlay presents compliments \d Sir F. B. Head; received back testimonials immediately after despatching his last communi- 43 cation ; and, has now to thank the Lieutenant Governor for sending his memorial to the Speaker of the House of Assembly. Mr. Gourlay has read, with infinite pleasure, His Excellency's ex- position of duties, relating tu the Executive Council ; — subjoins copy of letters, and encloses one from his youngest daughter, begging that the same may be retained till called tor ; and, that this stiange liberty may be pardoned. Willoughby, May 20, 183G. No. 10. Government, House, Toronto, May 31, 1836. Sir — The Governor has received your letter of the 20th instant, which he has read with great attention. The letter from your youngest daughter, shall, according to your desire, be kept till called for. I remain, Sir, Your hnmble servant, F. HALKETT. R. F. Gourlay, Esq. No. 11. Willmtghhy, Ohio, June 8, 183G. Sir — I received, yesterday, a letter dated May 31, from Mr. Hal- kett, who is, I presume, your secretary, acknowledging receipt of mine of the 20th. He says, " the letter from your youngest daughter will be kept till called for," and, I presume, that frorn my oldest daughter, formerly enclosed, was also received, and will be, in same way, honored. I now enclose one from my other two daughters, confiding the whole to your keeping, as a gentleman : — either to be returned to me, when justice is done for the outrage to British right, perpetrated in my case beyond all example : or, to the writers after my death, with this assurance, that I never, for one moment, was untrue to ray family or my country. This, as two former letters, is m^xkadi private, only as regards the enclosed letter to my dear girls. I have the honor to be, most respectfully yours, ROBEKT F. (JOURLAY. Sir Francis B. Head. No. 12. "On tlie fourth ultimo, a numerous deputation o/ noblemen and gen- tlemen, composed from all political parties, among ichom trerc the Earl of Devon, Mr. O Connel, Mr. W. W. Whitmore, the Rigid Hon. Mr. Courtney, Mr. H. G. Ward, M. P., Mr. Hutt, M. P., Mr. Anger ston, M. P., Col. Torrens, Mr. Ferguson, of Raith, and Mr. Wyse, M. P., had a long interview with Lard Melbourne, to .suggest to his Lordship the expe Hency of raising an emigration fund for Ireland, by means of the sale of the waste lands in the ^Colonies. The re.mlt of the conference was, that an inquiry into the subject would be immediately po-oposed to parliament, with the sanction of government." Mr. Gourlay presents his compliments to Sir Francis B. Head ; has extractedthe above from a late newspaper, and appends printed letters to Sir George Murrnv and the Duke of Wellington, Septem- L; 44 ber and October, 1829, as they bear uiK,n the sanae subject of ^■^fefom»rt«nity,osn,^.n^^^^^^^^^ Francis. Two lines, acknowledging the rece.pt of this, wiU be "''"^'"*'' WiUaughhy. Cuyhogo. CrnntV^ Ohio, My 13, 1836. I have read the -"^-^ ^Uh '^Te^ EL. Mge, C. P. I also have read these^ett^s^ HENDERSON, Post Muster, Willoughby, Ohio. go to any ^scpense."-^- Morning Chron., 2rd J^^\^^~^.^^^ ^^,.^^^^ j-^-,^^ Sept. 25, 1829. •Ti?,S«d,l.c Duk. of Wellington April '». Jf^Sa„d».„excd^yl»«^^^^^^^^^ ""HSauk, of Wellington remained i" «k= ™^i,fefe7'o°r o^^nerer/f .ecured renown, and posterity would h»'» ''7.f/° ^eT hefceconies fretful:- establishing a grand system of emigration ; and I fan ^ell h°w tha^^^J^f ^^„„;^ hearing ? No, sir; ana it was lO marri T^^ -"-X ^- ■„_, .u ^ i^^ter is worthy of chief magistrate -i^-«« ,«^y /^^Xl-f We iinirn "^ to drop \i8 ^^:^:SZ^^^^^ ;'- y- send for and hear me. Every age 45 haa given proof of the intolerance of installed power; it would be w thy of the present to rise above it — worthy of the conqueror of Napoleon to take the lead in liberality. At this moment he can do more than any man that ever existed : at this moment Britain may become mistress of the world, merely by wiie colonial policy, and without again drawing a sword. From this moment, she may pine, and fall to pieces. How vast then is the responsibility of her present Rulers ! I sent you, yesterday, plans for the improvement of Edinburgh, merely to show how I have employed leisure time; but, I assure you, it would r've me pleasure to have more important matters to think of; and, should the Duke of Wellington and you incline, that may be speedily. He shall have a copy of this letter, and, tu^ard, you shall have no further trouble from me. \our obedient servant, ROBERT F. GOURLAY. Sir Gkoege Murray. 2, Bridge Street, Leith, Sept. 30, 1829. Sin— So little did I know of you, beyond being secretary of state, when address- ing you last week, that I conceived you were head of your family in Perthshire. Same manner, you may have heard of me only as having been confined in Cold Bath Fields Prison as a madman, and thenre have cast aside my letters as mere rav- ings Let me remind you, however, that I referred in that of July 1, 182S, to Sir Henry Torrens, and one of your constituents. This shall be accompanied with a let- ter from one of the most eminent men of the f^.;,*, ^V. Chalmers, dated 17th Febru- ary 1S25 and directed to mc in the above-r dtr.ed p Jon. Dr. Chalmers, you will observe not only speaks of me with kir. mcL-s and .^.spect, but states that I was " one of the ablest of his fellow students^ I s wv tftcrw: ds wrote to him as lecturer on political economy, and asserted that a -jnv.ion aborer may earn the price of half a bushel of wheat per day, while the preset '■»'"■• v of rents and taxes ispaidi and this I repeated in letters to more than •-.^Uty clergymen ol tife, April 1827, offering to explain, if the Doctor gave no solution by May foUov^ine. Now sir, to all that I have said to you, and in my lett'^:r to his Majesty returned by the Duke of Wellington, 1 add the above assertion, and shall prove it, if the Duke will send for, and hear me — prove it or be disgraced. t • i. I meant his Grace no disrespect by the freedom of my language. I neither flatter nor fear, and value myself chietly as an honest man. My wish was, to rouse him; and, by that rousing, I had proof of his having seen my letter to the Kin'' which I could not obtain from a former minister. The victories spoken of were' those of Britain, and if they 'Uurfied on a straw.;' we have the niore rea- son to give the glory to God — the more reason to make good use of the peace which they purchased, by calmly considering what should now be done to ensure happiness to mankind. , t^ , e in u- ^ A copy of my last letter to you was transmitted to the Duke of Wellington, as a copy of this shall be ; and all that I now beg, is to be informed if he will send for and hear me. ^ ^, , , , . j r i • i You will have the goodness to return Dr. Chalmers's letter; and if denied a hearing, enclose it in a blank cover, to give least trouble to yourself. I have the honor to be, sir, lours faithfully, Sir George Murray. ROBERT F. GOURLAY. Prutis, Fifeshire, October 9. 1829. Sir — While you and the Duke of Wellington maybe perusing my letter of 30th ultimo I am seated in a house, built and occupied by me two-and-twenty years ago when I was perhaps, without exc.ption, the most fortunate man in this coun- try' My father then stood preemine, it for public spirit, and as a gentleman was without stain. I, and my family, were provided for to our utmost wish, and beyond risk, as was then thought. Out of doors, I was well with all ranks, — in retireinent, blessed with the society of a most amiable wife, and her friend, the lady of the late Sir Henry Torrens." An accident, at a county meeting, touched my teelings, and biased my fate. I left this place for England, not because of that accident, but to follow out studies of the poor law system, and I will dare to say, have en- countered, in continued succession, during the last one-nn,l-tvventy years, more vexation than any man alive. At this moment, I am deprived of all property, abandoned by relations, unhoused, separated from my children, and can assist 46 them only by putting an end to my existence, which I shall not do while reason and hoS^iemain. At this moment, Sir, I do not despair even of making good whatTstated in my letter to the King, returned to me in the blank cover of the Duke of Wemnston^ His Grace may send for, and hear me ; or, let me be exam- ined in Edfnburgh during the present month, by three university professors who have known me from boyhood, viz: Dr. ChaUaers, Dr. James Brown and Mr. Leslie wTth any other the Duke of WeUington may name, and 1 shaU answer every Question tLtmaybeput, eitherasto the assertions made or conduct at home and abroad If I have injured any human being, or offended aga nst any aw, I sSallmake proper amends'; if I ha4 erred in conduct, I shall submit to rebuke This letter, and a copy, shall be despatched without cover, to >ou and the Duke of Wellington, that if you refuse my offers, it may be in your power to oblige me by returning it to me in Leith, bearing the post-marks, that I may exhibit it to the Dublic, and leave it as an inheritance to my children. * ' I have the honor to be, sir, Most faithfully and sincerely yours. Sir Geoege Murray. ROBERT F. g6t1rLAY. St. Jndrews, October 10, 1829. My Lord —I am here, in the arms of alma mater, and every way well circum- fltanred for philosophical reflection. Let us then indulge. , , While you eyed your watch, counting the minutes of slaughter and endurance, till the Prussians came up; while, too. Napoleon surveyed the field of Waterloo, loneine for Grouchy, — Napoleon, who said " that he had yet thirty years to live, and would not sit on a throne without glory : " was there not a superior Power a Disposer of events 1 Yes, most assuredly. All that has passed has been with the will, and by the power of an Almighty Being, who prepared you for the battle, and ffave vou tne victory. . , Un to this hour, believing all for the best, honor is due to you, not as our rninis- ter only, but as the instrument of God. But while we do you honor, shou d we flatter and seal up our eyes ? - Should we not tell you what we think, and should you not submit to be arraigned and tried by the British people ? - Should you not confide in public opinion, rather than in the award of a court of justice ? — Should you not hear an individual, however low in your opinion, who stakes his all on the issue, and who can have no object but the good of his fel'ow men ? Believe me, my Lord, with high respect, Your Grace's obedient servant^ The Duke of Wellington. ROBEKl b. GUUKL,A)t. N. B. The Duke of Wellington may show the accompanying plan to his Ma- jest}', and point out the situation for an equestrian statue of the King. ~~ St.. Andrews. October 10, 1829. Sir — This letter has no other object but to close a series. Just now, twelve years, travelling in the United States of America, I saw the errors in the system of settling wild land, and the advantage which might accrue to Britain, from the adoption of a right sy;Jtem. In a letter addressed, soon after this, to Sir H. forrens, to be laid before Lord Bathurst or the Duke of York, I asserted that, ' Upper Canada min'ht alford a revenue after maintaining two regiments, repairing, and keeping in repair the forts," &c. My efforts in that Province, which led to my ruin, chiefly went to obtain inquiry into me principles of rightly settling wild land. Since then efforts to the same ena have been made year after year, but all in vain. Emigration committee-, have sat and reported again and again, but never have at- tended to this most important point. I am now about to return to Leith : have little hope of a hearing ; but, if it is grant'. ^, either by the Duke of Wellmgton personally, or by a commission in Edinburgh, i shall shew, by a regular series ot documents from the year 1817 till tlie present time, how constantly I have pressed inquiry on this subject, &c. &c. To Sir George Murray. ■^Q j3 Toronto, My 23. Sml-By desire of His Excellency, the Governor, I have to ac- knowledge the receipt (if your letter of the 13th instant. I am, Sir, Your obedient servant, F. HALKETT. R. F. GouKLAV, Esq. 47 No. 14. Ohio, August 26, 1836. Sir — I corresponded, last January, with the Governor of this State, and offered six months of my time, in order to drawing up a statistical account. That correspondence was suspended, on seeing from newspapers your arrival at New York, as Lieutenant Governor of Upper Canada ; and, the fact, that you had been a Commissioner of poor laws, induced me to think your appointment was more especially with a view to emigration. I, therefore, commenced cor- respondence with you ; repeated offers to the British Government previously made through the medium of the press ; and, these offers, I more fully explained by printed documents, appended to my letter to your Excellency, dated July 13, 1836. These offers not appearing to be valued, I shall not again trouble your Excellency on that subject. But, as under date. Government House, Toronto, May 31, 1836, it was said; "The Lie-tenant Gov- ernor has received your letter of the 2Qth inst., which he has read with great attention" I shall take the liberty to submit a copy of a letter winding up the transaction spoken of. Closing correspondence, permit me to state, that I have no con- nection with the party politics of Canada, and ^ Ul have none. Indeed, for ten years, I have held all such in abhorrence. At New York, eighteen months, I seldom saw Canada newspapers ; and for six months after coming here, did not see any. Your expo- sition of duties, fell into my hands, by perfect accident, at Painesville, 16 April; and, going to Cleveland, a month afterwards, I saw, at a newspaper office, part of a Report to the Commons House of Assem- bly, couched in violent and abusive language ; for which, till this moment, I am unable to account. I observed, from a New York paper, that messengers had been sent to England, at the same time, by that House, and your Excellency ; but, to what end, I know not. I have the honor to be, with great respect, Your ob't serv't, Sir F. B. Head. ROBERT F. GOURLAY. No. 15. Government House, Toronto, Sept. 12, 1836. Sir — By desire of the Lieutenant Governor, I have to acknowl- edge the receipt of your letter of the 26th ultimo. His Excellency desires me to say, that he will pay as much attention to your sug- gestions, as Ues in his power. I am. Sir, your ob't serv't, R. F. GouRLAY, Esq. F. HALKETT. Sandwich, September 17, 1836. No. 16. [Private.] Sir — Treading this day on the soil of Upper Canada, after an absence of seventeen years, I make it my first business to protest against the barbarous and oppressive treatment, to which I was subjected by the ruling authorities, during the years 1818, and, 1819. I enclose a letter from my son, to remain with your Excellency, together with those from my daughters, and, for the same end. I have the honor to be. Your very humble servant, Sir F. B. Head. ROBERT F GOURLAY. i 48 again ^yarmed '"l^/^^^^'.^,/ "■"^^Xu^hman, had been chosen by the people, at the recent general HearingthataMr.Piuct anting 3^^^^ at his house, distant about a mile from the yil- election"^"ep^^m ulemlnTarii^n^niricall^d ^:his house, distant aboit a mile from the yil- lagel °o Lespeal. co-operation in establishing ^"}'rJt''".l^?T'f. 3, but he was from home. I left a ^i;i;>;;n;5;r;;:, however, to this en^; -J. H"'i^ «-i]g'^xr '""" ^"""" ^""''' Mediator and. Appellant ^^Z"''^" .'^"■'''';'j &ft" TaTb ?s reet. Here I got hold of some correspondence with J^e Du'ce ot Wei ingiM prevented the sailing, and I then added Slerof'lUust,' by"h Sso lIrUestlon-rlcot"min, ''a.^d friend of twenty-five years ^onHh," ThiV friend thoucht proper to pocket the money - sufficient to pay all I owed in which ^^^^.^'^.^''^\^\^°L^^^^^ could scarcely believe my eyesight :- ^Wed^helettelft'^t vo nL(d^^^^ all was, as first read ; and resolved imme- I'herrrwl's' Ttlifend"of Lrtfr^e, thl'!^o'was paid to me-having been detained some ""win'teT'wafnow set' i,ra5'f could do no other than fix myself, in Cleveland, till Springy T^ifunnerCanada rebellion 'broke out on the 4th December: on the 7th McKenzie had to flv-nnd'^ four days reached Buflalo, where the Theatre was given to him, in order to ad- ".S ;» '?l"Sl°.Cffi nSS o'r"S T„. N.r™M«,"- .1... r„d.,. m.y h... Ume .» pause and reflect. Flying reports are not alway, lying reports. -There is a rumor now afloat, that the cele- brated Robert Gourlay, who has beea living in Ohio for some time, has engaged the services of ten thousand vohinteers, to aid the Upper Canadians, whenever they are prepared to strike for "the Queen and LIBERTY." We cannot place entire confi- dence in the story ; the number is. we think, exaggerated. Nor can we vouch for the truth of another report that has got into the papers, namely, that the Lower Canadians are determined on burning Quebec and Montreal, as the Russians burnt their city of Moscow, thereby to rid themselves, in the inclemency of the winter, of the troops and tories The third report, worth noticing at " this juncture " is, that Sir Francis has spies employed in all directions, to take notes of all the sayings and doings of the " revohUion- ists'" " They call me their evemu." said Sir Francis, "««r/ the truth is. I really am: The people have taken you at your word, Sir Francis, and they are accordingly preparing lo defend themselves from the " enemy." ,^ ,, r ■, ,. {St. Thomas., U. C. Liberal) THE KlgP^IffMnAM. No. 5. To the Honorable the Commons of Upper Canada, in Parliament assembled : The memorial of Robert F. Gourlay: Shevveth — That your memorialist had a memorial presented to your honorable House in March or April, 1836,* which he now prays may be called up, read, and laid on the table, along with this me- morial — That, the object of the first was to register facts, in order to a par- liamentary inquiry into the extraordinary circumstances of your memorialist — That, your memorialist corresponded with Sir Francis Bond Head, with a view to the said inquiry ; and put into his possession certain pledges and papers preparatory thereto — That, your memorialist would have been at Toronto, early in 1837, there to prosecute the business ; but was struck down with disease, in the State of Ohio, and detained sixteen months — That, by this detention your memorialist had it in I ': power to communicate to Sir Francis, at various times, during h, sbellion and invasions of the province, highly important intelligence, for which he was repeatedly thanked by his Excellency — That, your memorialist, on learning that Sir Francis was to leave the province, requested him to seal up his private letters a:nd papers in a packet, to be put into the possession of the succeeding Lt. Gov- ernor ; and, had assurance, that this was done — That, your memorialist, hearing of the nrrital of Sir George Arthur, addressed a letter to him, begging to be informed if the packet was in hand, and would be cared for; but received no reply — That, in consequence, your memorialist wrote a second time ; but was still unnoticed, and has ever since been very uneasy, as to his letters and documents — That, having read Lord Durham's proclamation, inviting all to ap- ply to him ; and hearing that his Lordship was at Niagara Falls, your memorialist hastened thither, from Ohio: then, finding that Lord Durham had returned to Quebec, followed him there, where he was refused an interview ; and thus, in very feeble health, has been ♦ In the .Tournals of the House of Assembly, I found recorded, as folio a's : ".4/7rt/97, 1330, pursuant to the order of the dav, the followiiiy: petilioi.s were rend." * « » " Of Roliert F. Gourliiy, of Willouprhhy, in the state of Ohio, praying that an inquiry may be insti- tuted into the evils exisiin<7 in the Province, &c." I :i!so learned, thti!. Sir K. Head, havinsr delivered my ineniorinl to the Speaker ■ he nut it into the jiand of Mr. Peter Perry, who presented it. iinlortunuiely, at that moment, Mt. Perry was einpUiyed in strn;,'u:liii,q: against Sir Francis, and *iopping supplies, then sadly out of time ; indeed, outraging decency, as was declared at next election. t.l' i is'' I 5 li i 50 reduced to the most distressing circumstances; nor could he have held out but from the very great kindness of many mdividuals - '^That 'it was the intentiL%f your memorialist to have P--^^^^^ appeared, at this time, in Toronto ; but disease has ^^hoUy disabled him and in his present melancholly situation, he trusts that youi h nirable kouse .'ill be the more disposed to g;v« P--P^ .^"^ - to his most extraordinary case; more particularly as to his impr son ment in Niagara ja.l, in 1819, which reduced h.m from a state of happiness and prosperity, to the utmost tmsery and rum. Your memorialist always has, and still does, assert that hat un prisonment was not only illegal and unconstitutional, but altogether "xtt ^ouTmemorialist is anxious while many are jiU alive who witnes 'ed^his last appearance on trial, to have it proved, that he was n Tn afit state for t'rtal ; and, in fact, never would have consented^ o anv such trial, had he been in possession of his faculties, which, from weakness arising from cruel treatment, he was not. He there e ^entreats that a commission or committee may be aoDointed immediately to investigate, on the spot, all the circum- stTces of Inmost barbarous affair, as well as to inquire into the tJulh ofall the allegations set forth by your memorialist, in this and his former memorial :-And he will ever^PJ^^^^ ^ GOURLAY. St. DavicVs, Niagara District, March 9, 1839. Witnessed by David Secord. ^ I'll NiiBS-i* m'l 1 Action of the House, on the above, extracted from the Journals. March 18, 1839. . ■ PETiTioN-of Robert F. Gourlay, praying that a Committee may be appointed to investigate his conduct. March 21. Ordered -Th^t the petition of Robert F. Gourlay be referred to a select Commillee, to be composed of Messrs. Thorburn and McMick- •ing, and to report thereon by bill or otherwise. To the Hoiwrabh, the Commons House of Assembly. The Committee to lohom was referred the Petztion of Robert Jr. Gourlay, beg leave to make the fnllowing report : It appears that the object of the Petitioner is t^ have an expression of the House of Assembly, relative to his conduct while m ihi^ Prov- ince, it. 1817, 18& 19, and on certain judicial f^^^^^'^'^S;, °j ^f/ local authorities, and the Court of Assize and of General Gaol De- livery, held in the District of Niagara, in the month of July, 1819, whenu judrnnent was recorded against him as gn.ltv of havme dis- obeyed the order of cortain Maffisirntes, acting un t of the Province, entitled " an an ao Provini^e aguiiis ,., ^ ..jder'the authority of act for 'the better securing this r, all aediiiuas attempts or designs to disturb the tran 51 ' quillity thereof:" which act was subsequently repealed. Your Com- mittee find that the judgment aforesaid was perpetual banishment. Waiving the legality of the judicial proceeding, your Committee having a personal knowledge of the conduct of the Petitioner during the aforesaid period, in the District of Niagara, and have no hesita- tion in giving full credit to the declaration of the Petitioner, that his motives were for the benefit of the Province ; and however far he might have deviated from the then law of the land, it appears to your Committee that your Honble. House will render an act of 'ustice to the Petitioner by addressing His Excellency the Lieut, Governor, humbly requesting His Excellency to use the prerogative of the Crown, to enable the said Robert F. Gourlay to return and reside in this Province, if he shall think fit to do so. RICHARD WOODRUFF, Chairman. Committee Room, House of Assembly, 25th April, 1839. April 29. Mr. Thorburn, seconded by Mr. Woodruff, moves that the Commit- tee to whom was referred the Report of the select Committee, on the petiUon of Robert F. Gourlay be discharged, and that the Report be referred to a Committee of the Whole, forthwith — Which was carried, and the House was put into Committee of the Whole on the same. Mr. Merritt in the chair. The House resumed. The Chairman reported that the Committee had adopted the report, and submitted it for the adoption of the House. The report was accepted. Mr. Thorburn, seconded by Mr. Woodruff, moves that the report be adopted. In amendment — Mr. Sherwood, seconded by Mr Boulton, moves that the report be not adopted, but that it be resolved that an humble address be presented to His Excellency the Lieutenant Governor, praying His Excellency to extend the Royal clemency to Robert F. Gourlay, by granting him a pardon. On which the yeas and nays were taken as follows : Yeas — Messrs. Aikman, Attorney General, Boulton, Burritt, Corn- wall, Elliot, Gamble, Hotham, Kearnes, Lewis, Malloch, McDoncll of Northumberland, Ruttan, Sherwood, Solicitor General — 16. Nays — Messrs. Alway, Armstrong, Burwell, Caldwell, Catreron Chisholm of Halton, Cook, Dunlop, Matthewson, McCargar, McCrea, McDonell of Stormont, Mcintosh, McKay, Merritt, Moore, Prince, Richardson, Robinson, Rykert, Shade, Shaver, Thomson, Thorburn, Wickens, Woodruff — 26. The question of amendment was decided in the negative, by a majority of ten. i?i amendment — Mr. Solicitor General, seconded by Mr. Robinson, moves, that all after the word " moves" be struck out, and the follow- ing inserted : " That in the absence of any application by the Peti- ip, f-M 612 tioner to the Lieutenant Go^rernor, for the exercise of the RoyDJ prerogative of mercy, and considering that s xh prerogative should be freely exercised on a di. .ut application of the Petitioner, without making any use of any hrar.ch of the Legislature as an intermediate channel, it is therefore 'proper that the Petitioner, Robert F. ^^o^rlay, should lay his case before the Lieutenant Governor, prior to the adop- tion of any proceedings being taken on his p-.ition by this House. On which the yeas and nays were taken an follows • . Yeas — Messrs. Attorney General, Bockus, Boulton, Burntt, Bur- well, Cornwall, Elliott, Gamble, Hotaam, H'nter, Kearnes, Lewis, Malloch, McDonell of Northumberland, McKuy, McLean, Robiijson, Ruttan, Shade, Sherwood, Solicitor General — 21. ,, ^. . , , JVav5 — Messrs. Aikman, Alway, Armstrong, Caldwell, «^;hisholm ofHalton, Cook, Duolop, Matthewson, McCargar, McCrei lAcDonell //• S^omcr^r, Mcintosh, Merritt, Moore, Prince, Richardson, Rykert, Shaver, Thomson. Thorburn, Woodruff— 2L • ' , .l. The question of unendment was decided in the negative, by the casting vote of the Speaker. . . , ,t tz In amendment : —m. Hotl-un, seconded by Mr. Kearnes, rnov.3S, that, after the word " moves" it th onginai motion, the whole be expunged, and the following be io.en.d- " That whereas the ^w under which Robert F. Gourlay w.^>. (oavvcied and banished from this Province, in the year one theasun.i eight hundred and nineteen, has since been expunged from the statute book, it is resolved that an humb'e address be presented to his Excellency to extend the Roya. clemei.:;y to the said Robert F. Gourlay, upon the said conviction, by granting him an unconditional pardon." On wh:* h the yeas and nays were taken as follows : Yeas — Messrs. Attorney General, Bockus, Boulton, Burntt, Corn- wall, Elliott, Gamble, Hotham, Hunter, Kearnes Lewis, Malloch, McDonell of NmthumberlaJid, McLean, Ruttan, Shade, Sherwood, Solicitor General — 18. -n n r« u ii JVfflt/s — Messrs. Aikman, Alway, Armstrong, Burwell, Caldwell, Cameron, Chisholm ofHalton, Cook, Dunlop, Mathewson, McCargar, McCrea, McDonell 0/ Stormont, Mcintosh, McKay, Merritt, Moore, Prince, Richardson, Robinson, Rykert, Shaver, Thomson, Thorburn, Woodruff— 25. , , . , The question of amendment was decided m the negative, by a ma- jority of s€ven. 1 r II . On the original question, the yeas and nays were taken as follows . Yeas— Messrs. Aikman, Alway, Armstrong, Caldwell, Cameron, Chisholm o/HaZ/ow, Cook, Dunlop, Mathewson, McCargar, McCrea, McDonell of Stormont, Mcintosh, McKay, Merritt, Moore, Prince, Richardson, Rykert, Shaver, Thomson, Thorburn, Woodruff— 23. iVaws— Messrs. Attorney General, Bockus, Boulton, Burntt, Bur^ well, Cornwall, Elliott, Gamble, Hofham, Hunter, Kearnes, Lewis, Malloch, McDonell of NorthumberL:Ui!. McLean, Robinson, Ru:nn, Shade, Sherwood, Solicitor General — 20. The question was carried on the affirmative, by a majonty ot three, and the report adopted. 63 On the motion of Mr. Thorburn, seconded by Mr. Woodruff, Ordered, that Messrs. Chisholm of Halton, and Merritt, be a Com- mittee to draft and report an address to His Excellency the Lieutenant Governor, on the Report of the select Committee, on the Petiiioa of Sobert F. Gourlay, as adopted by the House. Mr. Merritt, from the Committee to draft an address, pursuant to the foregoing Resolution, reported a draft, which was received and TS ad the first tintie, and ordered for a second reading to-morrow. I May 4. Pursuant to the order of the day, the address to His Excellency the Lieutenant Governor, on behalf of Robert F. Gourlay, was read the third time. On the question for passing the address. In amendment, Mr. Prince, moves that the address do not now pass,, but that it be amended by striking out the words " beg leave to com- municate to your Excellency a copy of repori of a select Committee of this House, upon the petition of Robert F. Gourlay, which has been adopted by this House, and" Which was carried. May 6th. Pursuant to the order of the day, the address to His Excellency the Lieutenant Governor, on behalf of Robert F. Gourlay, was read the third time and passed, and is as follows : To his Excellency Sir George Arthur, Knight Commander of the Royal Hanoverian Guelphic order, Lieutenant Governor of Upper Canada, Major General commanding her Majesty^s forces therein, ^c. ^c. ^c. May it please youh Excellency. We, Her Majesty's dutiful and loyal subjects, the Commons of Up- per Canada, in Provincial Parliament assembled, humbly request that your Excellency will be pleased to exercise the Royal prerogative in annulling the sentence of the law passed upon Robert F. Gourlay, banishing him for life; so enabling him to make his permanent domi- cile in this Province, as a true and loyal subject of Her Majesty, should he think fit to solicit the same. ALLAN N. McNAB, Speaker. Commons House of Assembly, sixth day of May, 1839. May 9th. Mr. Merritt, from the Committee to wait on His Excellency the Lieutenant Governor with the address of this House, on behalf of Robert F. Gourlay, reported delivering the same, and that His Excel- lency had been pleased to make thereon the following answer: Gentlemen : — In reply to this address, I have only to assure you, that any npplication from Mr. Gourlay, for the exercise in his favor of the Royai prerogative of mercy, will receive that attention which is due to your recommendation of him. 54 Boston, July 10, 1843. Un'-<' i«»k ili. would not all events, to present that. Do so, and but injustice was tlie order of the day, and, present it they Fooled by these members ■" nine kguard- con- shall be of months ini so exhibited Having written " The Monkry Wah," I employed the remainder of Saturday, May 6, in putting under cover, for each of the assemblvmen, a copy of " The Banished Bhiton," pniited at Cleveland, 1836, exhibiting a declaration of war, on tlie first page. The House being met in the evening, I ran to it with the packets, gave them to one of the messengers for delivery, and seated myself in the gallery. Presently I heard my name mentioned in debate, and was told that the House was passing the address to his excellency, in my favor 1 I could not jump on the floor and take the blockheads by the throat. I had got three years and eight months imprisonment in Lon- don for the mildest breach of privilege ever perpetrated; so I sat still: went home and cogita^d. Early Mondav morning, I wrote the petition below; went to the House, and obtained an office copy of the address, f next laid hold of an old friend, Mr. Elias More, M. P., gave him the petitionj and begged of him to present it, as soon as the house was constituted. In half an hour he returned to me, handing back the petition, as if it had burned his fingers; and said, all my friends weri opposed to presenting it. It was no use to explain — to tell him that, as the petition was mildly worded, I had a right lo have it presented. Mr. Elias More, a Quaker, was immovable. I then tried others — Mr. Merritt, Colonel Chishidm, Mr. Cameron : — no, not one would hand in the Macnab took the iVc iriir pilr- returned to protest against injustice ; so I left it in the hands ot the last, and, before Sir Allan Macii chair, accosted him. '' What,"' said I. " Sir Aiian, have yuu jiaascd an uddress to ha dmed!" He acknowledged that they had. " Then,"' continued I, " remember, that I the Province with this stick in my hand ; and, if you do outrage common Sense, T may yet knock you down with it." . . . • , . . „ j This done, I ran off to a printing office ; had a placard printed ; posted on the walls ; and a 66 copy put under covei for His Excellency Sir George Arthur, Lieut. Governor, which I doubt not regulated his reply to the Address, assuring ■' that any application from Mr. Gourlay for the exert^ss, in his favor, of the royal prerogative of mercy, will receive that attention which is due to your reeomtne-n- dation qf him." — Asaes all ! — grossly ignorant, aiid wilfully unjust. Here is a fac simile of my Protest. I- PROTEST! To the Honornhle the. Commons of XTpper Canada, in Provincial Parliament assembled : The Memorial of ROBERT F. GOURLAY Humbly Sheweth : That, after remaining at Niagara four weeks, daily expecting to be visited by a Committee of your Honorable House, prayed for in his Me- mori.-il preiiented last February, your iMonwiri- nlist received and read a Report laid before your Honorable House relating thereto, and dated 25th April, lb39 ; That, seeing great mistakes in the said Re- port, your Memorialist lost no time in comuig to Toronto, where he now is, in order U> be heard at the Bur of your Honorable 1 louse, there to correct mistakes ; and, otherwise to speak for himself: He, therefore, entreats, that your Honorable House will be pleased to grant him such oppor- tunity. And he will ever pray. ROBT F. GOURLAY. Edinhttrgh Castle Tavern, May 1, 18:39. N. B.— iVo Member cotdd be got to present these. No Member had right to refuse. R. F. G. To the Honorable the Commons of XJpper Canada, in Parliament assembled : The Petition of ROBERT F. GOURLAY Humbly Sheweth: That, your Petitioner being within the walls of your Honorable House, Inst Saturday, May 4th, 1839, learned that an Address to the Lieu- tenant Governor was then and there read re- lating to your Petitioner : That, your petitioner did not know what was the object of the said Address, but has since heard, that it was lor pardon to your Petitioner; — an object which he now protests against, in- asmuch as he never sought for any thing of the kind, and never will. That, your Petitioner would consider any offer or pardon, clemency, or favor from the present Lieutenant Governor, injurious to his interests, and derogatory to liis honor ; for rea- sons which he would be happy to state ; and which would at once do justice to himself, and to his Excellency: He, therefore, earnestly entreats, that he may be permitted to appear at the Bar of your Hon- orible House, there, personally, to state hi* reasons : And, he will ever pray. ROBT. F. GOURLAY. Edinburgh Castle Tavern, May 6, 1839. STRIKE, BUT HEAR! It wns no use to say one word, in the newspapers, as to my case. All the newspapers had nm out on Ihe wrong scent, and taken it fcrr granted, thnt eniire justice was done to me. As a spec- imen, I shall give extracts from two, diametrically opposed to each otlier in politics ; '' The Pat- riot " and " THE MiKROR." First, extracted from " THE PATRIOT." ROBERT GOURLAY. Our House of Assembly hove addressed his Excellency the Lieutenant Governor, praying that he will extend the Royal Pardon to Mr. Robert Gourlay, who, it will be recollected, was banished some twenty years ago, on some charge of seditinn, or inciting to sedition. We should imagine there can be no hesitation in this case, tor the fault of Mr, Gourlay was rather of the heart. Such an act of clemency, though tardy, will prove acceptable to the whole people of the Province; far more, than has been, the pardoning and restoration to crime, of so many incorrigible ruffians, whose bond was blood, plunder, and the destruction of the Government. Second, frvm " THE MIRROR." Toronto, Friday, May 3, 1S39. Mr. Gourliiy still lives ; and the House of Assembly, to the eternal honor of a majority of its members, are determined to extend justice lo him. His case wns under discussion on Tuesday last : and although the Atiorney General, Solicitor General, Mr. Sherwood, Sam Slick, and some of their hangers-on, used every effort to baffle the friends of this untbrluimte gentleman, they were defeated. Their defeat was owing to the manly conduct of Messrs Thorburn. Rykert, Chisholm, McCoy, Cook, Shaver, Meriitt, the gHllunl Sjieaker, Cameron, Richardson, and Prince. The latter gentleman, when the dork and foul persecution of Mr. Gourlay was laid fairly before the House, emphatically declared, that it would require the tears of an angel to blot from the records of thi» Provmce the foul, cruel, and uncoiistilulional persecution carried on, in the dark days of Muhland, against the unfortunate gentleman. Several ainendmonls were moved in order to "et rid of the report of the commiUee ; and, on the division on one of lliein, the Speaker had the high honor of iving the casting vole on the side of justice and humanity. Tlie Attorney appeared like a ship „oundering in a heavy sea ; and when all hope of shielding the character of ^^ native malignancy " had failed, he sunk on his chair as pale as a corp.se ; and, n,s we then thought, his last dynig words, v/hpu hf mmHri up one of his eves to the speaker, we.e, " I nm deserted by my friends." The Solicitor General, like hi's leader, displayed great ingenuity upon this occusion. He coaxed ; he wheedled ; lie implored, and he menoccd ; and when lie found all would not do, and that the I m I i 3 5G li unme wni nearly up, hit nmiiiMo ami •mooth featurei put at in niind of the iu- den and vanoui S,^ ot an expi inK .lolphin n. the thii.1 degree of latitude ! Hut, when " th la.t hope " van- ffluchanRed o the col.H of a turkey-cock'* head upon pretentlnR to it a red handkerchief. a" to .sum .S/Vr/t uiul the Queen'. Couniol, who are men of l>,>nmn, they preserrcd their hnng-d,^ ,, lie ; l^k ihroUKhout the combat ! A.'a la.t eHor, the party .ent ft«r Mr. "n r, who wa. en«nged with a party in town j but the Hunter could not pull them out ot the h1 ;'h of de.- ''"one of 'the .pcakeV«, wo think the Attorney General, .aid, the Lieut. Governor would not cornply with tho addrUi. of the House. I,.t u. .ee if he will cnuply with the reque.t o» the faction m onpoiition to the fair and honorable decision of the Hou.o : .m. i._„i.„. i„ Mr Oourlny, a .Mroichmnn, the nio.t talented writer on lbl» rom.nerrt, caine to thi. Province in 1817 Ho K"vi olfence to the .Mnillond administration, ^ ^-. .va? -. lered by two '"C'l^Mve Councillors to leave the Province. He disobeyed th- n.an..„t,., nvvi '^"* "f.B^'V",'''-^''*"; NiuKarajMil. Th.^e he remained eight monlhs, w;- u t from our statute book, he appeals to our Represoniatives for redress. Talk, imleed, of Al«erine cruelty : - talk of the on^rl y "<• Nero,,a CaliKubi.or a nomilian ; or the liangm«,s, the floggings, or the torturini-* . . a Cuii' ;c.l md, in Srt.lVand. and llu-v were not more cru.l or unjuslihable than the persecimons of Mr. Gourlay. Tho words of the tyrants were law ! Tliev cut olf the object, of their hate ; and, they somelmie*. not often, eounlermanded their order for i.SrIure, or death ! Bui, in this case, the man who had commiited no olience against any conMi-.MJjnal law, was immured in a loathsome cell, exiled to a foreiirn laud as an outcast to society, ■ I paved of his means, and the use of hi. limbs ; and in thl» state of lingering torture and cruel per., '•ulion he yet survives! We, who are as peaceable nsa lamb were not more peaceable than Mr. Gourlay : he violated no law : he cornmitted no crime that we could hear of; yet he was treated worse than a highwayman ! To such an extent was persecution carried at the period we sp.:ak of, that every man who had the honesty to reprobao the uncoiLstitniional act, or expri< ymyathy for the stillerer, was marked out as a victim by tua tooU of power, and denounced as a Gourlayite and a traitor. REVIEW. Will the courtpona render oblige me by reperusing these lust eight piiges ; and »r,'ssum , lu.lding iny conduct unassailable ; and, pronouncing the ;udmal proceedings "i7/w on its lust legs. The object had rot my credit only in view, but that ot all surviving Gourbiviles.— Colonel Chisholm, a .Member - \\ •■ Convention of -il8, at the lieo- of them. After mv ruiii in Niaunira .(ail, not one of my friends had, lill this time i;;ired to lift up 1 .3 head while the' greater part' had cried, peccai-i. Nov/ appeared the day of salvation (or all, by^ these ven- words struck out by Colonel Prince, being carried before His Excellency, ana so to the foot of the throne. Alns ! where was mv trustv and gallant friend and advocate r i ^rL>urn, on tiie fatal evening of Saturday, Mnv fourth?— Gone, with the other two member.- of Committee, Woodruff and McMicking, to Niagara District, there to wind up the- family Hocks, altogettier without suspicion that eitlier ai i ident t'r design could undo any of the near a close. Alns. frail and unforluimte men! Not only did Colonc talhi. being lalelv come to iho Province, and perhaps equally unacquai of tlie olden dav.' and the present prowe.-.^ of my friends, coming, thoug. only did he undo all the victories of April -JiHh ; but, in the absence of '1 - ., .— ney (ioneral. thonsrht •• d-m^ ' and " deseitid.- designedly took an untair advantage •! this absence, in a matter of mitrhtv pntiiic moment. For years there had been a struggle, in the Assembly, to have the Clerey Reserves appropriated to other purposes than those of the Church o^ bnglana, and friends ofThe doinuumt Churcii liad !)Ben ijeateis. Ua iiiis occasion, tnc Attorney ucn^ru:, .fy an unexpected movenieiit, had oil changed, and the Reserves again given back to the Church. This rjone, the sc-sion was closed. .rk c . w le i^ 'fhnrn .\ session, now ibably acciden- > machinations rescue :) — not Co., the Altor- THE HEIPTWIfE M. Canada, in Parliament No. 6. To the Honorable the Commons cf assembled The petition of Robert F. Gourlay : Humbly Sheweth : — That your Petitioner had a memorial pre- sented to and received by the Commons House of Assembly, Upper Canada, 1836, of which the following is copy : -^ (Here was inserted the Memorial, above printed, page 41.) That, three years after the above Memorial was written and recei- ved by the Parliament of Upper Canada, another, of which the foUowinn; is copy, was written by him nresented and received. (JF/e/e was inserted the MEMORIi^ hove printed, 2)age 49.) That, your Petitioner never, for a moment, imagining that this memorial could be misunderstood ; and, learning that it was referred to a select C'unmiliee, doubted not that the prayer would be granted. He, therefore took up his residence at Niagara ; and, day after day, durmg four weeks, expected Commissioners would appear, there, on the S|, ot, 'to investigate the circumstances, and inrjuire into the truth of all the allegations' Instead of this, what was his astonishment on reading the Ct-Tiii ittee's Report, as follows: {Here wus inserted the Report printed ahove, page 50.) That, v( >• Petitioner seeing, in this tissue of incomprehensible blunder] 'le v«^ry wrong confirmed which it was his object to have redresS' , hastr* I to ' oronto, there to correct mistakes ; but oppor- tunity for 'lis lenied jim, as will best appear from the follow- ing copy of a prini(;d ' 1 which he caused to be posted on the city walls. [HtiewoA inserted the Protest, pri7ited above, page 55.) That, your Petitioner, finally to make record of the whole, had printed and pubhshed together, memorials, the proceec^ "gs of the Couanons House thereon, and tli posting bill, along with artir^w declaring his opinions and maintaihii g his rights, as a British xu- ject, i Upper Canada, — a copy of which is hereunto appended.* He now most earnestly entreats that all may be seriously consid- ered by your Honorable Houso ; and, ! ■ anxiously hopes that the wisdom of United Canada may do h'^n iji it justice v liich has been so long and so cruelly (^ nied. And iie will evor prav ROBER C.OURLAY. Kingston, July 27, j841. I* ii' fif * " Banishbd Briton," ^ tin 8 it Buffalo, Septm. >; 1839. 66 OFFICE COPIES. Legislative Assembly, Monday, 25 August, 1841. Ordered, That the pptition of R. F. Gourlay, Esq., presented to the House on the twenty- eighth day of July last, be referred to a committee, composed of Messrs. Dunlop, ViGER, Neilson, and •«*«»#i» Steele, to examine the contents thereof, and to r<-^ort thereon, with all con- venient speed, with power to send for \ isons, papers, and records. Report of select committee, to whom was referred the Petition of Robert F. Gourlay, Esquire, have the honor to report. Your Committee having investigated the petition, and examined witnesses in relation to the &..me, and procured affidavits from per- sons cognizant of the matters and allegations contained therein, find the following facts to be fully proven. The petitioner, Blr. Gourlay, first visited Canada in the year 1817, where he had acquired property by marriage, and also by purchase ; and commenced Statistical inquiries into the capabilities of the Province : in the course of which he became aware of the existence of various abuses. He then proposed that a Commission should be appointed to proceed to Great Britain, .o have these abuses rectified; and held pubUc meetings for that purpose, accounts of the proceed- ings at which were published in a pamphlet, which wab generally approved of by the people of the Province ; but, by those in power, was considered as having a seditious tendency ; and In; was there- fore arrested, and put upon his trial, for sedition, at Kingston, but, being acquitted, he was again tried at Brockville, with, however, a similar result. He then had to proceed to New York, on business, and, On his return, was imprisoned in the gaol at Niagara, where ill treatment, in being confined in a cell for five weeks, in the dog days,— debarred from the sight of or communication with his friends, his counsel, or the Magistrates of the District,— threw both his body and mind into such a state as to render him totally unfit to defend himself upon his trial, or even to comprehend his arraignment. The result of the trial was, that he was banished from the Province for life, under pain of death should he return, his alleged crime being that he neglected to quit the country upon the order of a single Magistrate, (two legislative Councillors,) acting under an unjust construction of an unc^nstitutional statute, most illegally exercised Your committee do not think it necessary to comment on such proceedings. , • v j- From the evidence adduced, which will be found in the appendix tu this Report, your committee are oi opinion, xnai mt- aricss, ana imprisonment of the petitioner in Niagara, in 1819, was illegal, unconstitutional, and without the possibility of excuse or pa' ation. 69 That, debarring him'from an interv lew with his friends or his counsel, was also illegal, unjust, and unconstitutional. That, preventing magistrates of a County or District from visiting the gaol of that county or district, is a violation of all propriety; and, if persisted in, would lead to the most perpicious consequences. Your committee are further of opinion, that his trial and sentence, when in a state of bodily and mental weakness, from the sufferings which he had undergone, which prevented him from defending him- self, vas unjust, unconstitutional, and cruel. Your committee cannot but express a hope that your Honorable House will do the petitioner that justice which has been so long denied him, and pass an Address to His Excellency the Governor General, declaratory of the above opinions, in order that the Crown may repudiate the transactions by which the petitioner has been perse- cuted, to his ruin, and that the Legislature may declare his sentence of banishment null and void, and cause him to be compensated for the losses he has sustained, by the unwarrantable exercise of authority. In the mean time, that some allowance be made to him to defray his personal expenses, while in attendance before the Legislature defending the fights of a British subject. Your committee are in possession of proofs, that during the late rebellion, when the petitioner was resident in the United States, his Excellency Sir Francis Bond Head, then Lieutenant Governor of Upper Canada, derived from him the most important intelligence of the movements of the brigands then organizing for an attack on the province. This, your committee humbly suggest, should neither be overlooked nor forgotten. All which is respectfully submitted. W. DUNLOP. 0iairinan. Kingston, Sept. 11th, 1841. Evidence of William H. Merritt, Esq., M. P. P. Were you resident in the ^District of Niagara, during Mr. Gour- lay's stay there, in the years 1817, 1818, and 1819 ? I was. Was his conduct in that District generally approved of? It was so. Do you remember the meetings held in" that District, — first, to answer certain statistical queries put by him, and afterwards, for inquiry into the state of the Provice ? I do. Did you conceive that any possible evil could result from those meetings ? I did not; on the contrary, I think they were convened with the best and most laudable of motives. What was your impression, on the whole, of the treatment Mr. Gourlay underwent ? , I was, and still am of opinion, that he was treated, throughout, with the greatest cruelty and injustice. .i; 60 Evidence of David Thompson, Esq.,' M. P. P. Were you present at the trial of Mr. Gounay, at Kingston, in August, 1818? I was. Did you perceive, in his conduct on that occasion, any thing weak or incoherent? No ; I did not. He made an excellent defence, and was after- wards entertained at a public dinner, at which I was present. Were you present at his trial at Niagara, in Aug'v.;t, 1 8 19 ? T was. Was his conduct, on that occasion, what you were given to ex- pect? No. Did he appear, on that occasion, in the full possession of his fac- ulties ; or, was not rather his speech incoherent, and his appearance that of one not in self-possession ? He did not appear in full possession of his faculties ; and seemed not to know where he was, or what he was doing, — appearing to be in a great measure unconscious of what was going on around him. What did you suppose to be the cause of the stupefaction you describe ? I think it was from' long and close confinement Did you reside in the Niagara District, in the years 1817, 1818, and 1819? I did. Do you remember certain meetings held at that time in the Dis- trict of Niagara, at Mr. Gourlay's suggestion ? I do ; I was ' chair- man of one of them. What was the nature of these meetings ? For the purpose of gathering statistical information. What was the general opinion of Mr. Gourlay's character and conduct, in that District ? It was favorable. I considered him loyal, and his conduct con- stitutional and honorable ; and so thought nearly all the inhabitants of the District, except a small party that I considered interested in thwarting his plans. Evidence of David Thortiurn, Esq., M. P. P. Were you present at the trial of Mr. Gourlay, at Niagara, in r^J 1819? I was. Was his conduct, on that occasion, what you were given to ex- pect? No. . r !-• r Did he appear, on that occasion, in the full possession of his fac- ulties ; or, was not rather his speech incoherent, and his appearance that of one not in self-possession? His sppech was quite incoherent, and he looked v-ild, and seemed indifTerent to what was going on. What do you suppose caused this? Coming from a close cell, in hot weather, where he had been con- fined for weeks, into the sunshine aiui free air. Did you reside in Niagara Distric' in 1817, 1818, and 1819? I did. ii't t' •I'' 61 Do you remember certain meetings ' eld at that time in the Dis- trict of Niagara, at the suggestion of Mr. Gonrlay ? I do. What was the nature of those meetings ? To gather statistical information, as to the state and capabilities of the Province. . What was the general opinion of Mr. Gourlay's character and conduct, in that District ? That his objects were laudable, and his conduct not inconsistent with the object in view. Resolution of Legislative Assembly. , Resolved, as the opinion of this House, that an humble Address be presented to His Excellency the Governor General, communi- catmg a copy of the Report of the Select Committee of this House, on the case of Robert F. Gourlay, Esquire, and praying that meas- ures may be taken for carrying the recommendations therein con- tained, into effect. Extracts from Newspapers. HOUSE OF ASSEMBLY. Saturday, September 11. Dr. DuNLOp brought up the Report of the Committee appointed to exam- ine the Petition of Robert Gourlay, Esq. The Report confirmed the prayer of the Petition, and spoke of the persecutions that the Petitioner had endured in strong language. Several members of the House gave testimony in favor of Mr. Gourlay. Mr. Cartwright thought the Petition and Report out of order, and that they coMld not be sustained by the House. Mr. Simpson said Mr. Gourlay had been treated and persecuted as an Alien, though every body knew he was a Scotsman — such a thing was unheard of. Capt. Steele thought the persecution of Mr. Gourlay had been most unjust, and if he had done nothing else to entitle him to the gratitude of this country, his letter in his reply to McKenzie, and his conduct during the Navy Island affair, entitle him to the consideration he laid claim to. Mr. HiNCKS thought that Her Majesty's Ministers might very well spare a portion of the pension Jist of £5,000 which had been gianted. Sir Allan Macnab thought the whole proceeding irregular and unconsti- tutional. He had heard of the sufferings of Mr. G., which he regretted as much as any man : he thought however, that the Report should be brought up before a Committee of the whole House. The Report was adopted. — Chronicle ^ Gazette, and other papers. MR. GOURLAY. Last Saturday, a Select Committee of the Legislative Assembly, consisting of Dr. Dunlop, the Hon. John Neilson, and Captain Steele, with a French and English lawyer. Messrs. Viger and Price, reported on the case of thii much injured indiviujal. . Tiie Report, which will be found below, needs no addition from us, being at once perspicuous, comprehensive, and trumpet-tongued. it will go down to posterity as the best commentary on compact govemment. Wi:h this 62 I H- 4!. ti Report before him, the future historian of Canada will make marvel, npt that an ignorant people rebelled, but that they so long quietly submitted to outrages against law, docenc^, and common sense. He will drop a tear over ?he fafe oflount and Mathews, Moreau, and Von Shoultz while his blood freezes within him to think that a human being existed, who, callous to feelins could confirm a hard sentence, and, unmoved by the cries for mercy, from thirty thousand of his fellow-subjects, could consign to an ignominious deSi the companions of his youth, who were unquestionably Wt and S?rve.--Aye, and that this man was not only the accuser of Gourlay, at Kingston Ink Brockville ; but, after two honorable acquittals, could have he kudfcity to stand up to revile and condemn him feeble and distracted in the S ancft^ourt House at Niagara ! ! ! Compared to such a man, William L^ Mackenzie is an angel. But these are the ways of an all-wise God, who maketh Ae wrath of man to praise him. Let us, therefore, be submissive, Td trust that -ood will yet come out of evil ;-that Canada will yet be happy, glorious, and free.— .K^mgi/on Herald, and other papers. HOUSE OF ASSEMBLY, MR. GOURLAY. Thursday, September 16. Dr Dunlop brought up the case of Mr. Gourlay. He said that having eone so fully into the facts of Mr. Gourlay's case on a former occasion, he Eld not now go -;er the game ground. He would only briefly recapit- ulate what he hfd before stated at length. He then went over he facts as stated in the report before the House in a condensed form. It veas now necessary to answer some of the objections that, on a former occasion, had been urged against his arguments. It had been stated that the banishment of Mr. Gourlly was legal, inasmuch as a law existed under which he was prosecuted He denied the legality upon two distinct and separate grounds . Tn the first place, he denied tht power of any Body on the face of the earth, whether King, L^rds, and Commons of Great :Britain, or the Governor Co.mcil, Tnd A^sembFy of Canada, to enact a law by which a Briti.h subject, unoon- v"cted or uncharged with any crime, could be debarred from gomg to or residing in any portion of the British dominions ; but, supposing such a law could be made, in Mr. Gourlay's case it was most d egatlv exercised. The Lw referSd to, (an Act of 1804, of the Provincial Parliament of Upper Canada,) provided that a British subject, who had not been an inhabitant of the Pro; nee for six months, might be expelled as Mr. Gourlay was ; but, it was in evidence before the' Committee, and indeed notorious to the whole Province, that Mr. Gourlay was an inhabitant, more than two years of the plovince! How was this objection to be got over? Why, by a most lawyer- like and quibbling construction as to the meamng of habitancy. 1 he judge informed'he astonished jury, that, to constitute habitancy, a man must possess a dwXng of his own j-lliving in the house of another could not make a man an inhabhpnt. Now let us consider the effect of this beautiful legal sJbtleJv A child is born in Canada: he lives for a certain number of years in his father's house : he then goes into service, or, at any rate, he lives fn the house of another, where he may live till the age cf threescore and ten, and die at a good old age, without ever hay ng been an jnhabaan of Canada, or of any other country, or of this world itself. He 0^;^ pU J^ been accused of having made use of strong language, in the 'eport^o^f^the .committee. He acknowledged liavi ij^ diawn up taai '''^'''!''}^^'^ ^ draw it ov.^r again he would not soften a word of it. What language, he would wish to know, was too strong to denounce ^jranny and oppression ;- what language too strong to stigmatize cruelty and injustice ? None, thank 63 God, that a Briton knew. He now came forward to call upon the sense of honor of that House to do, as far as they could do, justice to a much injured individual : compensation he did not d&k for, for Uie very simple reason that the House had it not in its power to bestow compensation. What could compensate a man for twenty-two years of complicated misery, for iniprison- ment, for legal infamy, for ruined health, and for a shattered constitution ? Had this House voted to Mr. Gourlay the enormous sums which they had TOted away within the last fortnight, it would be no compensation io him for what he has suffered, for who would endure his sufferings for any thing that tiie world has to bestow 1 He hoped that the House would not lose a moment in wiping away, as far as they could, the foul stain that had been put on -the name of a British Colony, as far as tneir reprobation of all the acts of unpar- alleled injustice under which he (Mr. Gourlay) had suffered. Till that was done, Mr. Gourlay only held his life until further orders. He sat now at the bar of the House, and according to the dicta of the defenders of the Govern- ment, the Governor General might legally, and he hoped the defenders of the measure would add constitutionally, order the sheriff of Kingston to drag. him from his seat, and hang liim on the lamp-post at your gate without lurther form or process. He would not insult the House by supposing, for a moment, that they, collectively, or any individual of them, would oppose the motion he was now about to put. The following motion was then submitted : Resolved : That an humble Address be presented to His Excellency, the Governor General, communicating a copy of the report of a select Commit- tee of the House, on the case of Robert Gourlay, Esq., and praying that measures may be taken for carrying the recommendations contained therein into effect. Seconded by Mr. Aylwin, and carried unanimously. — Chronicle ^ Gazette, and other papers. ■ N. B. Confirmed, next day, by the signature of Lord Sydenham. CORRESPONDENCE j^o_ 1, Kingston, October 11, 1841. Sib : Three years and three months ago, T came lo Canada — my chief object being to seek redress from the legislature tor maltreatment in 1819 j but, till the late session of Parliament, obtained no satisfaction On Ihe last day of the session, an address in my favor, unanimously voted by the assembly, was carried up to the Governor General, and acknowledged by his Excel- lency. May I now request to know what I have to expect from the Exec- utive ? This question I should have put sooner, but for the melancholy death of Lord Sydenham ; and, when I say, that I am anxious to join my family in Scotland, from whom I have been separated twenty-four years, because of wrongs in Canada, your Excellency will not, I hope, prolong that period, by unnecessary delay, at this stage of my business. I have the honor to be, your obedient servant, • ROBERT F. GOURLAY. Sir Richard Jackson. N B. — A letter will find me L.rough the Post Ofhce. n„i ia»i R F G 64 . j^o 2, GovaRN-MBNT HousE, October 14, 1841. Sir- lam commanded by the Administrator of the Government, to ao- knowledire the receipt of your letter of the Uth instant, requeaUng to be informed of the decision of the Executive Government m yo"' c«we, which was brought under the notice of the late Lord Sydenham, by Address from the House of .Assembly. In answer, Sir Richard Jackson desires me to say that, as he is only in the temporary administration of the government, and the successor .of Lord Sydenham may be very shortly expected ; and, as the House of Assembly did not, in their address, pomt out the specihc nature ot tne redress to which they considered you entitled— His Excellency would not feel justified in now entering on the consideration of so long standing a question. It must remajn for the decision of the new Governor General, to whom the address of the Assembly will be submitted on his arrival. I have the honor -to be. Sir, your most obedient aumble servant, Robert F. Gourlav, Esq. __^__ T. W. C. MURbOCH. No. 3. . , • f 1 • ' Sir : Being from home last week, I have, now only, opportunity of replying to your letter of the Uth inst. . , , , ^ r> i As there seems necessity for awaiting the arrival of the Governor General for a full settlement of my business, nothing more need be said of that ; ■-■ but I may call attention to a clause in the Report, which perhaps you have overlooked — namely, ' In the mean time, that some allowance be made to him to defray his personal expenses while in attendance before the Legisla- ture defending the rights of a British subject.' — This, I presume, your Excellency may readily grant ; and, with this, I might immediately leave Kingston for Quebec, there to meet the Governc-- General, and have a chance of sailing for Britain before the navigation is closed. . I have the honor to be, your obedient servant, ROBERT F. GOURLAY. Sir Richard Jackson. ISfo. 4. Government House, October 26, 1841. Sir: 1 am cominanded by ihe Administrator of the Government to ac- knowledge the receipt of your letter of the 25th instant, and to inform you that in compliance with the recommendation of the* House of Assembly, His Excellency has been pleased to direct the sum of £50, to be advanced to you out of the small amount appropriated by the Legislature for unforeseen con- tingencies. His Ex^-ellency tegw'M that it n. not in his power to advance you a larger sum ; but this will be sufficient to meet your immediate neces- sities, and to enable you to procetgl to QueDec, tr wail on the new Governor General. . I have the honor to be. Sir, your m No. 7. CORRESPONDENCE, (Continued.) No. 6, Kingston, November 2, 1811. Sir : About to proceed to Quebec, as advised in my letter lo your Excel- lency of 30th ultimo, I found on applying for office copies in my case before the Legislature, that affidavus of John Clark, Esq. and William Kerr, Esq. had been mislaid. To procure duplicates will require some five or six days, and, by the end of that time, the Governor General may be on his way from Quebec to this place. May I now beg the favor of two lines, saying if I shall, after that period, still have opportunity of seeing His Excellency at Quebec, that I may regulate my motions accordingly. Most respectfully yours, ROBERT F. GOURLAY. Sir Richard Jackson. No. 7. Que SEC, November 10, 1841. Sir : In pursuance of my purpose communicated at Kingston, I came here last night to meet the Governor General, and shall wait on your Excellency if required. Respectfully yours, ROBERT F. GOURLAY, Union Hotel, St. Peter Street. Sir Richard Jackson. No. 8. Union HotEL, St. Peter Street, Nov. 23, 1841. Sir : Yoa are aware that I have been here two weeks expecting to see the Governor General, for settlement of my business before the Legislature. This day it is notified at the Exchange, that His Excellency will not leave Eng- land till December, which is particularly distressing to me, and the more so as I am an invalid. In fact, I must either leave Quebec immediately, or be shut up for the winter. Permit me now therefore to ask if youp Excellency, under changed circumstances, can do aught more in the matter, and favor me with an early reply. I have the honor to be, your Excellency's obedient servant, ROBERT F. GOURLAY. Sir Rich _ > Jackson. No. 9. Quebec, November 23, 1841. Sir : I am commanded by ih^? Administrator of the Government, to ac- knowledge the receipt of you,- ^ou that HirExcelCcy has referred all ffie documents connected wiffi your case, to th'Executiv7council,in order that they may furnish him wiffi a report upon it. I have ffie honor to be, Sir, your obadie^nt ««|;^J"*'j^uRDOCH. R. F. Gourlay, Esq. T^^ ,„ Kingston, Dec. 13, 1841. Sir • Under date of 6ffi instant, I am informed ffiat your Excellency has ref.Jred aU the documents connected with my case to ffie Executive Council in order that they may furnish you with a report upon it. For th s accept my thanks : but deeming it probable, from Present delay that the Council may not be aware of my anxiety for speedy settlement, 1 Rhould be ""lad were they apprized of the circumstance. ' H I mSe Goven/or general at Quebec, my full ^^-fXlrTdlvla e ffiat wiffi ten minutes conversation, His Excellency would cheerfully have conceded all that I require. p«pj,nP to a Late as it now is, I would, wiffi ffiat much, make an effort to escape to a warmer climate for the winter, if not to my native and .f^^l^^h.s place^^^^^ yields me neither sufficient warmth, employment society, nor sympathy. I have ffie honor to be, your niost^obeffi^e^n^ ^ GOURLAY. Sir Richard Jackson. 67 No. 14. Secretary's Office, December 15, 1841. Sir : I have the honor, by command of ine Administrator of the Govern- ment, to acknowledge the receipt of your letter of the 13th instant, anil, with reference thereto, lam now to hand you a copy of the Report of the Commit- tee of Council on your case, which has been approved of by His Excellency. I have the honor to be, Sir, your most obedient humble servant, T. W. C. MURDOCH. Robert F. GouRtAY, Esq. Kingston. " Such has been my fate dunng the last twenty-one years, (written 1829,) that I should not even know myself, but for records." Certainly, but for copiea of letters and other documents, I could not "expose the cruelty and injustice of Colonial government. Here closes correspondence 1841 ; and, be it observed, I have cut this correspond- ence in two. Up to No. 6, all is fair ; and that much closed No 6 of " The Nep- tunian." Onward, in this number 7, all is foul, unfair, and ridiculous. By the new constitution of Canada, the Government has its servants in parlia- ment, to watch and be watched. My case will show how far this is available ; and also how ministers may play '^ hocus pocus tricks" in Canada, as Sir Francis Burdett accused them of doing in England some thirty years ago. My case was regularly advanced in all its stages, and stood on " the Order of THE Day," for debate, a week before Doctor Dunlop moved an address to the Governor General. In his speech, he happily exposed the sophistry by which Chief Justice Powell, (1819,) prevailed with a jury to return a verdict of guiUy against me, when I was unable to know what he said, — far less to arrest judgment. Mr. Aylwin, a lawyer, and allowed to be the most eloquent man in the House, seconded the motion; but no one rose to reply, — neither the ministry nor opposition, (Mr. Cartwright* and Sir Allan McNab,) — so it was unanimously decided that my im- prisonment and banishment was " illegal, unconstitutional, and without the possibility of excuse or palliation. Who, t/er that, had right to say a single word to the con- trary? Not one. But, mark l.jv. t'-. ■ "responsible government" plays with mc, and tortures ! I am paid £50 — indorsement of the business completed; and though copies of affidavits could not be found, on my application I had no doubt they would be forthcoming on the order of Sir Richard Jackson ; so, I lay down to rest at Kingston, the night before leaving that place for Quebec, composed ar I had not been for many ye^rs, and said to my landlady next moriur ,. i'.at I had •' n-arbj been asleep," — not having actually slept, neither night nor day, v iventy-tx.o months preceding. At Quebec, I reported myself to Sir Richard, never "!ni,>l!ng tiiat my application to have " ojjice copies of all the proceedings in my rase u-.-l,,- n out and transmitted, in or- der that the Governor General may have the same laid before him.'' would be complied with ; but how was I disappointed on being told, a fortnight after, that " in the ab- fence of all the official correspondence and other dontmoils." it was ''inipoxsiblc for His E.trellency to come to a decision." In fact, even though Sir Charles Bagot had landed at Quebec, it now appeared that my journey to that place would have proved fruitless. I could not, even in that case, have had ollice copies authenticated by him , and I wanted no more. 1 wanted from him no hf.cision ; and, indeed, could ■ I only have had the whdle of my case, — my petition and the action thereon, printed in a newspaper, 1 would then have been satisfied, and sailed for Scotland. But how was this ? I asked Mr. Bentley, ibranriy propretor of the Kingston Herald, to irtod member for ol'tllfi l.Ol.LECT- * Tlin first dny tlmt I approacliod tl. .n. lOiit. HoH-n, in Kin^non, llio warm li. Dy(!t ilicr imkid nor I'xj dUicn in now re'orded i.' a •iiiil'm>; pro«' of" " ll'Cl.('< 1, is, to liiiMnc'lf bost known ; and the i:iicnin- I'v," wbii'h jiriuv up with ccrtiin characters in i^ ^ Ihm f ro»incG of Upper Cuiiiaii, and, which, bvuii coiiunou dt'i-onc) could not suj jikss 68 po with me io Mr Mawby, who purchased it from him, and secure the printin? and ,^?,btynT.a that papTr. V M^awby complied; but f^^ day sent h.s foreman to tell me it could not be done; the reason appeanng to me obvious on neing old Sat Mr Mawby was looking out to be an organ of the f ^^^"""^"J-^f^f/i been a quack doctor advertising some trash, there would have been no relusal^ as I Sed to pay for my place in tbe paper, or take as many copies as ^vo"!^ ;°^Pf": Bate "Never mind," said Mr. Bentley, "you will get it belter and ^h^^per done at Tohn Neilson's mess, in Quebec." Accordingly, on getting there, I handed my ctv in a the gS; office, and told the foreman how I should satisfy in the same 3 J" agreed at Kingston. Neilson's Gazette is published on Friday, Mondav, and \v7dnes3fr I called' again on Saturday when Mr Nei son P-sed roug^ the nffirp and said "that cannot appear in Monday's Gazette. On luesdajr tnere afTer I called a third time, when the foreman handed back the copy, saying i could not be inserted The fac is, throughout the length and breadth of Canada any mess wor'h purchasing, or advocating a special cause, w-as bound up within itself; ?nd two editS™ad been raised from zero to warm berths in the ministry, merely for support ng the Governor General's views. Not so Mr. Ne Ison ; who was the most S opposer of Lord Sydenham. On complaining to him, he said he only Tw manlgedTor his son's estate in the Gazette office. .So I have not even a guess ?s To The relLal at Quebec. Certes, it left me gloomy m the extreme ; and, 1 was only relieved by the kind attentions of a jovial countryman, who^ that very evening, as if nrovidentially, waited on me, with another, at the Union Hotel. SaSng Montreal in the steamboat with Sir Richard Jackson, and seeing h.m l^ofhii the cabin and on deck perfectly at leisure, I wrote No. 10, and accompany- imA withamap for improvement of Kingston, - one of three which had been hm.^ up for public inspection at the Town Hall, &c - I gave these, for delivery to His Excellency's Orderly. In a few minutes after, a gentleman of his suite waited on me with the mapln his hand, and said Sir Richard would examine it a Montreal. It was somewhat amusing to observe that His Excellency, from that moment, and all the way to Kingston, kept himself more retired from passengers ; no doubt holding the ministry responsible even lor courtesies. Nos 11 12 and 13 of the correspondence need no remark. • at o <• No' 14 with the Report of the Committee of Council, to be seen in No. 8 ol " The Nei'tt-nian," needs so much, that it would be wrong to begin here ; save to observe, that it " has been approved of by His Rvcelkncy. ' m In No. 3 of " The Neppunian," and page 34, under the heading Bru xat. Outrage." 1 have given a specimen, not only of brutality but baseness of a Grand Turv &c &c. Here, I shall employ spare space, for exhibiting something more of the same kind, reprinted from a newspaper published a few weeks alter the occur- rence. TO THE EDITOR OF THE MIRROR. Edinburgh Castle, May 23, 1830. Sir • But for a disposition not to be intrusive while ParUament was in Session and very ill health since, I should sooner have thanked you for your papers handed rne; arul also, for holding up to public view, a vivid p.ctuie ot the monstrous treatment to which I was subjected, twenty years ago, in this I rovince. It is risht and necessary to study such pictures from time to imo, to keep in mind how fast^tyranny will proceed, when unchecked by a spirited people. What you said of poor Fergusson, the Printer, was far from sufficient. He was se.zedin the middle of the night, while in bed with his wife - thrust into Niagara JaiL and by davlitrht, nut in a schooner, which brought him to this place, where he was kept soiiedayi; and then sent back to Niagara, via HamiUon, to hnd b^il ; -^exposed like a wild beast, become idbai: — ana lor wixai -.vc^ -f= th.:. r Hau r. .. .i- - committed any crime '< No ! While he was in the London District, laO miles dis ant from Nia-ara. I sent to his printing office an article, which was published belore liis return home: and which the sapient splenetic Commons House of Assembly dav 69 I declared to be a traitorous libel. A traitorous libel ! — the worst part of which was a quotation from a German ballad. '• Tramp, tramp, across the land he spetl, Spli.-tli, splash HcriiS.-' tin; srn. llurruh! — llif ik-atl can rido apuce, Duest fear to ride with me 1 1 " Only think of a parcel of men, who sat in Littlk York, chiefly to look after land and offices — commissions in the r^'-tia — commissions of the peace — law appointments, &c., for their self-aggrandi 'u ent, becoming conscience-smitten, and conjuring up treason in such a quotation — a mere ebullition of feeling. Only think of fellows paid by the people, to watch over popular rights, and, of all others, the freedom of the press, affording excuse to a villainous Executive for acts so atrocious ! Fergusson gave bail to appear for trial : I entreated him to traverse, and leave me, the principal, to argue the matter ; but, no ; he was too confident in his innocence, to be advised, — though, 1 believe, that, by acquittal, he expected gain in public estimation. Alas! — a poor pleader in his Lawyer, and a Jury, who would have cried out "crucify,''' even the Saviour, made a guilty man of him. He was thrust into one of the horrible cells of Niagara prison : all his property and business flung to the winds, and his poor young wife left forlorn ! Fergusson Crinted for me nearly two years. At all hours I was in his office ; and never saw im irregular. He was a mere printer; could not compose even a common article; and inserted in his paper whatever was sent to him — as much against as for me. Every one knows that a Printer is responsible for what issues from his Press ; but allowing my article to have been ''traitorous" — which, now-a-days, the very idea would be laughed at — how monstrous was it criminnlly to punish the poor printer, who knew nothing at all about the publication ! To make others cautious in future, he might properly have been fined ; but, to immure him in jail and utterly ruin him, was barbarous in the extreme. Did the people of Niagara do any thing to soften his fate ? No : many of them even exulted in it : — just as they did, when they saw me banished for no crime whatever. Even yet, barbarity — the joint product of ignorance and self-interest — is not uprooted in the town of Niagara. The very day I left it for t'lis place — 30th ultimo — di. trial, before Ju.stices of the Peace, gave evidence ; and ^ minute account of it is worthy of record. The public have seen my placard exhibited here, of which the following is an exact copy : — THE BANISHED BRITON, AITELLANT AND JIEDIATOE. Profunda Cernit. The author of this work contemplates, not only pleading before the world r.gainst the villainous Power, which for twenty-eight years has held him down . but investigating the evils which now convulse British America, with a vie' to determine THE FATE OF CANADA! Arguing not only from the rights of man, hut the duties ; and all to the end of bettering the condition of the woRitiNG classes. On the fifth April, my memorial to the assembly was published in the Reporter; and wishing to have support to my prayer for a Committee to enquire as to niy cruel treatment in Niagara jail, twenty years ago, I wrote out an invitation for frieprls — if I had any — to meet at the British hotel by twelve o'clock, next Mon- day, then and there to consider what might be done. The better to call public attention to the invitation, and at the same time to advertise my intention of publishing " The Banished Biuio.n," I purchased three I m -WW^ 70 large paste-boards, and hac'. ihe above placard exhibited on these, together with my written invitation. , ^ i i „„ 4V,„ t, t One of the boards was given in at Harringto.n's to be hung up on the front, post ; another was hung up on the front post of the British Ho tkl and a third was carried to James Miller's Tavern, there to be hung up on the iront post Miller not being at home, and his bar-keeper not fbeling at iberty to expose the board on llie front post without Miller's leave, I left it in the bar, — the bar-keeper engaging to protect it till I returned and spoke to Miller. , .. . , ,,.„ Next morning I called, and seeing a person in the bar, asked if Mr. Miller was at home. He said he was that person ; and I asked what he had done with ttie placard board. •' / datroyed it," said he. You have destroyed it! Why did you destroy it ' Miller repeated his words, and added, " You may do your best. Now, it ought here to be known, that within an hour after the board was ex- hibited at Harrington's, certain wiseacres had discovered sedition in it; and 1 was informed that the exhibition had been injurious to my cause; — that the words ''villainous power" had been construed as leflection against the government, &c., and, that the words " Rights of man," stirred up still woise suspicious. Overlooking such absurdity, I thought only of my properly destroyed ; drew out a bill of charge against James Miller, and placed the same in the hands ot Mr. Clement, a Justice of the Peace, for recovery : thus. James Miller, Tavern keeper. Niagara, To Robert F. Gourlay. A placard and board destroyed, Dr. ^0 10 G Mr. Clement said he was not a lawyer; and, as the case was an extraordinary one, asked me to return next day, when Mr. Butler, a regular bred lawyer would be with him to advise. , Attending, accordingly. Mr. Butler said he thought the case was one ior ttie Court of Requests ; but, previously informed by a friend, I stated that it came properly before them, under the petty trespass act ' n'-i, _ i»_ _•...,.._ oj -.1..J '. .1 •, ■ ., till ♦! The Magistrates then asked me to an indulgence which I readily grant. " following : — till their minds were fully made up ; ilting no notice, I at last wrote the Mr. Gourlay presents his complifj ,;(.'Vf' " British Hotel, Jpnl 23, 1839. irii. yjcKJuiiay j^ic^c.^ ii.o wv,.wi....... ,: Mr. Clement : — Reminds him that Mf. G. put into his hands an account, clian:M\;,^ James Miller 10s 6d, for property des- troyed :— that Mr. Clement put off acting till Mr. Butler was consulted : — that Mr. Gourlay attended next ''ay. when both geKtlemen seemed doubtful on the case: — that he said he would wait; and, now begs to be informed when the business will proceed." No reply being received, I waited on Mr. Clement, Monday, 29th April. He asked if I seriously meant to go on with the action ; and said that INIiller thought he had an action pgainst me for leaving the placard in his bar : — thus, the cloud of war darkened. Mr Clement said it would be necessary to make a declaration on oath; and I did so, reciting exactly all the facts. Mr. C. himself committed this to paper ; and not being able distinctly to read his writing, I put my name to it, supposing all correct. Ten o'clock next day, Tuesday, April 30, was appointed for the hearing; and then I attended with my witnesses,— Mr. Sewell. printer, ready to swear that he would not print any number of my placard for less than two and a half dollars, and the bar-keeper of the British Hotel, \\ho had recommended me to go to James Miller's tavern, &c. Mr. Miller appeared as Defendant, with his lawyer, who I afterwards learned was a Mr. Campbell. After statin"' circumstances, the question was put by the Court, whether I could swear that the° defendant, there present, was the identical one who had told me the board was destroyed. Here my ca.se was about breaking down, as James Miller was not bound in law to confess that he was James Miller ; and I certainly was :i loath to 8v» ar as to him — havini? not for two minutes looked him in the his bir-room, nor evfr imagined any such difficulty would be starf^pd. Ilia i -.i-i^xji,,, ,1^1 ^ «{,. —-J ~~- J ' --- howtver, if he chose to go out among his townsmen, thus victoriot be welcome to the triumph. ~ ' ■" sugges Hhat Miller's bar-keeper The Magistrates then libera for, and I agreed. Meantime, lawyer t 'ampbf' in Court to show the kind face in I said, Mi should sent ' -ardwas, •le words, nsirous treat- nounced my /, my coming ids, regarding my pointed to > o of the placard boards, • ch I had L.VY mc >.iiiu thing desiru.fd; and said, that aloni ou£;ht to cast me; that lese words, " The Banislut Bnton," were sufficient to prove I had no right to 'v i the ooimtry ; and as to the words following, they clearly made out that ''villanoug powei iw -it the i 'w< >■ which banished me, i ■ the words " twetUij eight years" indica+ed the exact mber of years from the time of my imprison- ment at^d banishment. (1819.) RpiUy, said I, you have, at school, made little progress in C uker. You may be a devilish goocl Inwyer, but, certainly, you are a misers >>1y lame arithmetician! and to be sure the li ated advocate sung silent on the r aiainin manifestations of sedition. The occa : on, however, was not to be lost, for my showing '^-^ in fact, the very revei se of what evil imaginations had m- le "Banished Briton'' were intended to arrest attention !o ment I had received in Nin sjara :— that, the word •• appi return to the Province, here Xo get redress; and, the word • as a peace-maker I then produced to the court a whole volume of printed .__,__,. „ ^ ?ri te affairs — printed in Scotland, to maintain rights to my property there, in nd, and Uppor Canada; and showed that the words '-twrnty-cight years" alluded, solely, to law y ^ecution. As to government, there was not in existence, my man who had ber re constantly loyal ; and, in fact, my family motto, •Profunda Cernit t forth, on the placard, to maintain this. The family of Gourlay being the ;,■- lucient and least tainted of any in Fife, if not in Scot- and—all having sprung irom the same individual Ingleramus De Gourlay, who came to Scotland with Prince "William, about the year 1174. I stated further, that the words, " Rights of Man " were indeed conspicuously displayed on the placard ; but it would be observed that I was to argue not only from these, but the " duties ;"— that lawyers and others pleaded merely on the first, but that I resorted to the Bible, and had an eye, not to laws only, but to morals — to duties as well as rights. . Miller's bar-keeper being now in Court, he was put on his oath, and questioned ^— whether he had received from me such a placard board as that on the table. He acknowledged this ; also, that he engaged to protect it till Mr. Miller came home; and now my case was closed. But lawyer Campbell would fight every inch lor his client : so, questions were started as to the liability to protect property in taverns, boarding houses, &c. &c. &c.; Statutes were referred to; law books pro- Finally, the Magistrates retired ; and after a considerable time, returned with a judgment against Miller. Stop, said the lawyer— arrest judgment ; show me Mr. Gourlay's written deposition. He has declared th: the placard board was des- troyed, and here is the identical thing left in Mr . tiller's bar-room — fetching it from a hiding place. That, sir, said I, only maV your client a double liar, (mean- ing one who first tells a lie to injure another, and then trades upon it). What said Mr. Campbell, will you call a man a liar, when you have put your name to a wilful perjury. No. no, said Mr. Clement, (who saw that he had not written down my exact words — not that James Miller said he had destroyed the placard, but that it was destroyed,) there can be no accusation of wilful perjury: take your placard, Mr. Gourlay, and there will be no charges! ... Here, then, ended this foolish, vexatious business;— James Miller retiring in very bad humor, as well he might ; at every stage having falsified out ot a bad spirit ; and from the grossest ignorance, desired to involve me in trouble — no doubt, wittx hope of currying favor with the wretched crew, who have so long held down this fine country ; now at last, thank God, about to cast its slough, and rank among the civilized portions of the earth. ROBERT F. GOURLAY. V IMA3E EVALUATION TEST TARGET (MT-3) // {./ 4 2t 1.0 I.I iff ilM !!^ m «S |40 1.8 11.25 11.4 ill 1.6 V] ■' •N. / -(^ 'W Photographic Sciences Corporation J I- \ ^ % 4^ ^9) V ^1 %^ 6^ 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 72 THE MONKEY WAR. Promise vvus given, page 54, tlmt these verses should be " eiklbited in the next numher of The Neptunuw." Itallerwaids was judged bolter to reserve them lor this budget ot brutality, croiies, and comicalities : — so hi;re they are. PAST FIRST. A monkey onco sprung up aloft, And gibbered in the trues ; The l)earB iinil wolves begun te dance, And bum went all the bees. A shot or two being fired at Pug, .\way the creature sciimperod ; And, truly, it made unco speed, With bulli liaing little hampered, Arrived at Jonathan's out post, And perched up in the |day house, A farce began, which, light to scan, No man could say it was douce.* Douce, did I say ? — hoot, mt\n, away ; 'T was really sad, and sadder, For men to Buftalocs were turned, And they grev/ mad, and madder. They gored the ground ; they cocked their tails ; They flung up dust ; they trnd down rails ; And nothing could withstand them ; Till groat Van Uenssellaer stepped forth. And said ho would connnand them. To Navy Island quick they marched, And quick were in possession, Q,nicU ;an the ni!ws across tlie land, To Parliament in aessiun. Sir Francis said : " My dear McNab, Uise from the chair, mount any cab, And rouse the men of Gore ; Now I 'm awake, good care do take. That no one else shall snore. " When I sprung out of Romney marsh, Just like a little spunkio,| 1 never dreamt of iiughl so harsh. As fighting with a monkey. " But since it is my kninhtship's fate, Do you go forth iuid ihr.nder. That you may rise, in voynl eyes. And, then, we ne'er shall sunder. " Sir Francis, I — Sir Allan, you — The Yankees we will liutnlile ; And this curs'd u^ly monkey now. Out o'er the Fulls we'll tumble." Britannia's flag you now may see, From Dtninmond's Hill to Fort Erie, While thousands range around ; With shot and shell the trees they fell, And muko a mighty sound. KMnburgh Castle, May C, 1839. FiFEAN. * Sednte, lobcr, decent, t Will o' the wisp. PAIIT SECOND. Good lauk. What next ! — a boat unfixed — The little Caroline, Cut from the ice ; and all so nice. Now ou the lake doth shine ! " A spec ! — a spec ! — a glorious ipec ! " The Buffaloes mar out, Victoria's wealth is nil our own. And Canada, no dou'ut. " We'll moor the boat : we'll store the boat. With ' articles of freiirht,' And when our flag is hauled aloft. We'll swear the whole is right." " For trade is free to all the free, And we're the sons of freedom ; We'll freedom take, there's no mistake. Nor need we longer dread 'em." Ah, Jonathan ! — Ah, Jonathan ! Thou art a boastful loon ; But there's a God above, I trow. Will make you change your tune. Snug in your port, you deem it sport To laugh at human woe ; But God above will you reprove ; And that you soon shall know. It matters not what are His meano, Or what you call the deed ; The whole is rightly ordered, man. Your wickedness to fijed. To make you stamp, to make you swear, Trt show you off a good long year. That all the world may know — Till human nature hotter is. You have no right to crow. * Look back to Mnldon and Pele, The Short Hills interlude ; Look bai'.k to Pruscoll's bloody field, And Windsor, still more rude. All villainous ! — most villainous ! Not one redeeming act. Historians cannot better it, Nor e'er dispute tha fact. But when we think upon thi. thing That led you on to war ; A monkey vile, chock full of bile. It beats the Gloho by far. The monkey first, made you to thirst For acres and fi)r dollars ; But now in cage, it spends its rnge On Uncle Sam's tight co'l.irs. K0H£RT F. GouKL\r. Edinburgh Castle, Feb. 5, 1840. Note. — 1813. — Sir Allan McXab fired off some four or live huiutred " sliol, and hIigII " among tha trees of Navy Island,— killing one man, and wounding the trees pit(u)usly; as I discovered, walking all round the Island with Captain Usher, a month hefoie his murder. How much bettor would it have been had Hit F. B. Head taken my advice, page J.3. • hei them abide to coul, and hj'tor ihevt not mth a siege." THE HIlIPiriDiK"I[AH. Mo. a To the Honorable the Legislative Assembly of Canada : The petition of Robert Fleming Gouulay : Humbly Sheweth : — That, your petitioner's case was reported on, last session of Parliament, by a select committee, and the report approved of, unanimously, by your Honorable House, That, satisfied with the award, your petitioner, prepared to rejoin his family in Scotland, from whom he has been separated twenty- five years, by wrongs in Canada, and did proceed so far as Quebec, on his way home, requiring only office copies of proceedings in your Honorable House, to be authenticated by the Governor General. That, the non-arrival there of his Excellency, brought your peti- tioner back to Kingston, where, to his astonishment, he was served with a Report* of a Committee of the Executive Council, denying what had been affirmed by your Honorable House ; and, thus, he has been detained in Canada, cruelly, and he will say vexatiously. Your petitioner cannot help thinking, that this most irregular step has been taken clandestinely, by enemies who, all along, have pur- sued him, at home and abroad, through back-stair's influences and underhand plots ; and he most earnestly entreats that your Honor- able House will give to the subject gravest consideration. Your petitioner, in the sixty-fifth year of his age, and in feeble health, is little able to contend with arbitrary power; but, were a Commission appointed to visit, examine, and assist him, where he now is, the darkest machinations may be exposed, and your peti- tioner at last freed from persecution, which has no parallel, and which, at his time of life, is almost intolerable. Trusting that the Almighty may direct the wisdom of your Hon- orable House to successful issue in the whole matter, your petitioner will ever pray. ROBERT F. GOURLAY. St. Cathannes, September 17, 1842. *Copy of a Report of a Committee of the Executive Council of the 10th December, 1841, and approved by his Excellency the Administrator of the Government, in Council, on 13th December, on the application of Mr. Robert F. Gourlay, The Committee of Council in obedience to your Excellency's commands, have considered the application of Mr. Robert F. Gourlay, praying to be informed, what he has to expect from the Executive Government in conse- quence of an address of the Hon. the Les^sl^tivo Asp-embly founded upon a Report of a Select Conmiittee of that Hon. House, of which the following is an extract : 10 i; *! 74 OFFICE COPIES. Legislative Assembly Committee Room, ) Wednesday, ^th October, 1612. \ In Committee, on the petition of Robert F. Gouulay, of St. Cath- arines. Present, Messieurs John Neilson, Dunlop, Harrison. Mr. Neilson called to the chair. Read tlie order of reference. Read the petition. Your committee, in the present state of the session, have not thought it expedient to enter into any inquiry into the reasons that havc°prevented the Address of this House to His Excellency, of the 16th September, 1811, and the report therein referred to, from being fully acted upon. They are of opinion That, in consideration of the losses and misfortunes of Robert F. Gourlay, Esquire, as set forth in the investigation of his petition of last year, he is entitled to an adequate provision, in the form of an annuity during his natural life, and humbly recommend that the same be submitted to His Excellency the Governor General. Ordered, That the Chairman leave the chair and report. All which is nevertheless humbly submitted. (Signed) J- NEILSON, Chairman. Charles Bagot, The Governor General informs the House of Assembly, that, m consideration of the losses and misfortunes of Robert F. Gourlay, Esquire, as set forth in his petition to the House, and recommended by them, for remuneration, in their address of the 6th instant, he has directed that the sum of £50 be granted, annually, to the said Robert F. Gourlay, during his natural life. Government House, Kingston, \Qth Oct., 1842. Montreal, Nov. 11, 1842. Sir: — The object of this is to declare, that, the printed corres- pondence, posted on the margin, ( Extracted from St. Catltarine's Journal, and exhibited beloiv^ bearing my signature, is genuine and correct: — also, respectfully to request, that your Excellency will be pleased to peruse the same, and cause this to be preserved for after reference. I am your Excellency's obedient servant, ROBERT F. GOURLAY. Sir Charles Bagot. a Yo)ir Committee cannot but fxpipss a hope that your Hon. House will do the Petitioner that justice which has been so long denied him, and pass an Address to liis Excellency the Governor General, declaratory of the above 75 opinion, in order that the Crown may repiullate the transaction by which tlio petitioner has ])een persecuted to his ruin, and that the Leirislature may de- clare his sentence of banislunent null and void, and cause him to he com- pensated lor the losses he sustained by this unwarrantable exercise of authority; — and. in the mean time, that some allowance he made to him to defray his personal expenses, while in attendance before the Legislature, defending the rights of a British subject." The wrong complained of, bv JNIr. Gourlay, appears to have originated in an act of the Provincial I*arliament, passed iii the year 1804, entitled " An Act for the better securing this Province against all seditious attempts or designs to disturb the tranquillity thereof." This Act authorized the Governor. Lieutenant (Tovernor, or person admin- istering the government of the Province, the members of tlie Legislative and Executive Councils, the Judges of the Court of King's Bench, or other per- sons authorized in that behalf, by warrant, to ariest any person or persons not having been an inhabitant or" inhabitants of the Province, for the space of six months next preceding the date of such warrant, and not having taken the oath of allegiaiu-e, who, by words, action--, or other behavior or conduct, hath or have endeavored, or hath or have given just cause to suspect, that he, she, or they, is or are about to endeavor, to alienate the minds of his Majes- ty's subjects of the said Province from his prison or his government, or, in any ways, with a seditious intent, to ilisturb the tranquillity thereof; and, upon such arrest, and, upon examination, to oider such person to leave the Pro- vince. The same Act provides. •• th-.it. upon any such person being found at large within the Province, without licrense to return, granted by the Govem- melit, he should be committed, without bail, unti' leased by the Government, or be delivered by the court of 0\er and Terminer, in due course of law ; and, that he should be liable to imprisonment and banishment, froni Avhich banishment, if he should again return without license, he should be liable to suffer death as a felon." This Act has been Ions si.ice repealed, in the opiiuon of the Committee most wisely and properlv. by :he Legislature ; but, in the consideration of the present question, the Committee feel bound to look to the law as it stood at the time of the events complained of. It appears that Mr. Gourlav, upon information given upon oath by a mem- ber of the House of Assembly, was arrested, :, brought before two mem- bers of the Leirislative Coinlcil. upon a charge of having endeavored, by words, actions,"and behavior, to alienate the minds of his Majesty's subjects from the King's person and government, and to raise a rebellion against the Kimr's Government in the Province ; and, not being able to give full and com'plete satisfaction, to the gentlemen who issued the warrant, on these points, he was ordered bv them to quit the Province, within a time limited. Mr. Gourlav chose to "disregard the order thus given, and, by his disobe- dience, rende"i-ed himself liable to the penalties if the Act ; and, being found at large within the Province, contmry to its provisions, he was arrested, tried, and convicted, upon the statute, and sentenced to be imprisoned and ban- ished. Mr. Gourlay now claims redress, and is desirous to know the inten- tions of the Executive Government, respecting his case. It appears, that in accordance with one part of the address, your Excel- lency has directed a pavment to Mr. (Jourlay. of fifty pounds. It"is further required"by the Address, that" the Government should repudi- ate the transaction. The proceeding aaainst Mr. Gourlay does not appear to have been an act of the Exccuiivjjl^ovcniinont, ])ut of a" tribunal, exercir-^ing extraordinary .^nd extensive power, and having the widest discretion as to the mode in which it should be used. In assenting to the repeal of th<^ Ac-t itself, the Govern- 4' 76 ment* has already expressed its opinion, in the strongest manner, against the continuance of such arbitrary power, in any person, or body of persons ; but, the Committee do not see how the disavowal of the act of persons, over which the present Government of the '\ovince had no control, can. in any wise, help Mr. Gourlay's case.f If the legality of the proceeding be called in question, on the ground that the statute was not intended to apply to British subjects, a reference to the act itself will show that actual residence in the Province, and the taking the oath of allegiance, were the necessary qualifications which would exempt any person from the operation of the law. The being a natural born subject of the Crown, does not enter into the question. On looking to the history of the time when the act was passed, only a few years after the suppression of a formidable rebellion in Ireland, and almost immediately after an attempt of the same nature in the same country, and at a period when the war of the French revolution was raging, a contest of principle by which all men's minds were more or less agitated, it is not extraordinary that such a measure should have been entertained in a distant and then weak portion of the em- pire. There is no good reason to suppose that it was not intended to operate against British subjects quite as stringently as against Foreigners, and the power summarily to prevent even British subjects from settling in British colonies, and ordering them to depart therefrom, was not so unprecedented as to found an argument on the impossibility of the Upper Canadian Legislature meaning to extend the provisions of the law to all persons, whose presence in the Province appeared to be dangerous to its peace, and who came within the strict letter of the act. There is no ground to question the power of the Le- gislature to pass such an act, and the repudiation of the proceedings under it, as illegal, would, without benefitting M;. Gourlay, have the effect of a declaration purporting to make invalid what was, nevertheless, manifestly legal, however harshly the law may have operated against the applicant for redress. If the statute of the Provincial Parliament be admitted to be valid, it will be seen, that the widest power and discretion were given to those who were to act under it. It appears not to have been necessary for the procurement of an order to leave the Province, testate or proveanypositiveovert acts of sedition ortreason to pro- duce a general impression from a person's act or general deportment. Even, amounting to suspicion, was all that was necessary, and the law appears to have been so far complied with. A satisfactory inquiry into the grounds for the proceeding, would at this day, if practicable, tend to no good purpose. Mr. Gourlay suffered for direct disobedience to th3 law as it stood. He could not legally have been acquitted by any jury, for such disobedience ; and, no regret that such a law should have existed, or that it should have been used with severity against him, and no commiseration for his sufferings, will authorize the admission of the dangerous and destructive principle, that indi- viduals are to judge for themselves, and, with impunitVj act in defiance of the positive law of the land. *The Attorney General, (wow Chief Justice^) acting for the Government, withstood the repeal of this act, sin^'ly, in the IJouse of Assembly, year after year, till IS29 ; and, only after the Lieut. Governor (Sir John Coli)ura) exprt^sed a desire tliat it should be repealed, did the Lesrislative Council cease to throw out bill after bill, for its repeal. During the whole of Sir PerlKTine Maitland's time, the act was sustained: — .sustained by a man, who ought to have been impeached. Yes ! — and hanging was too good for him. t The present Government ! I — ? — The present Government suffered the question to be settled, unanimovshj, in the Legislative assembly, — not even a whisper of opposition from the ministerial benches. 77 Mr. Gourlay appears, legally, to be in a position requiring protection from the sentence passed upon him, as to its future operation. The Committee believe that he might, at any time since the repeal of the act in question, have procured this protection, by means of a pardon, under the great seal, and there is no good reason why, if he wishes it, he should not be granted a pardon now; but, he further seeks pecuniary indemnity for what he considers an illegal prosecution and conviction, which cannot be granted in the shape he requires it, unless it can be shown that the prosecution and conviction were really illegal. Before any grant of indemnity can be made to Mr. Gourlay, it is necessary that the matter should be brought under the consideration of the Legislative Assembly, by the Government. It is not the intention of the Committee of Council to advise a hmitation of the liability of the Legislative Assembly, by withholding from it an opportunity of granting a sum of money, which would relieve Mr. Gourlay, to any moderate extent ; but, it would be unjust to him, were he to be permitted to remain under the impression, that the Government recognizes the illegality of the sentence pronounced against him, or liability of the public funds,^to indemnify him, as a matter of right, against the consequences of his own deliberate infringement of the law of the Province. Certified, WM. H. LEE, Adins S. E. C. ACTION OF THE ASSEMBLY. Extracted from St. Catharine's Journal, and, copied into that, from a Kingston newspaper. Petition presented, of R. F. Gourlay, of St Catharines, for redress of certain grievances. The Speaker stated, that the Petition was informal, and contained im- proper language. Mr. Neilson said, the Petition was that of a man who had been ruined, by acts not authorized by law. He was feeble in body, and in mind ; the resuh of the persecution which he had sustained, and he thought the House should overlook the informality. The Petition desired merely that the House would act upon the Report of a Committee of the House, of last session, and the address then adopted. Dr. Dunlop said, that it would be in the recollection of the House, that he had brought the case of Mr. Gourlay before the House, at its last session. If the Petition was unparliamentary, it was not to be wondered at. That individual had sustained persecutions — terrible persecutions — for the spac of twenty-five years. He had been ruined in his fortune, in his health ; and , it was not too much to say, that his mind had been shattered by disease In such a case, it would be a hardship for the House to deal strictly with his petition. It was only last year that he had taken from above his head, the sentence to hang him. The Governor had the power to order the sheriff to hang him up, as he had said before, even at the lamp posts of the House. He hoped the House would look compassionately and humanely on the frail- ties of a man, who had been so much abused. , • •., The address was read, and, on the motion being put, was received. Mr. Neilson then moved, seconded by Dr. Dunlop, that the Petition, with the Report and Address of last session, be referred to a Committee of five. i 78 CORRESPONDENCE. Js'o. 1. St. Catharines, September 10, 1842 My DEAii Sir: I have this moment perused the (lovernor General's speech ; and, presuming that you are now at your post in Kingston, as a leg- islator, I beg leave to call to mind my business there, last session. You brought to the notice of the Legislative Assembly my Petition, which Doctor Dunlop took the lead in advancing : and, with aid of Mr Visjer, Mr. Price, and Capt. Steele, it was ably and favorably rejjorted upon. The Report was unanimously agreed to by the House, and obtained the sig- nature of Lord Sydeidiam. Three weeks after his death, the Administrator of the government, ordered payment to me of JCoO, with apology that want of funds forbade further advance ; and, thus satisfied, I immediately resolved to go home to Scot- land. You saw meat Quebec, on my way ; but, the non-arrival of Sir Chas, Bagot, rendered it necessary for me to return to Kingston. There, to my astonishment, I was served with a Report of 'o Committee of Council, withstanding your Report ; and, thus, my motions homeward were stayed. I was confined four months to the house with ill health, at Kingston ; and since have been moving from place to place for recovery. Here, I am trying the effect of the warm salt-water baths ; but am ready, at a call, to return to Kingston, for a final settlement of my most distressing case — at this junc- ture, more especially distressing, as luy mother-in-law, (sister of the late Judge Hamilton, of Queenstown.) died in Scotland, last May ; and my two unniarried daughters, of wlfom she was the stay, since their mother's death, now require my protection. The object of this, is to ask, if you can immediately bring up my business before the House, or if I must again petition for that end. At your earliest convenience, you will oblige me with reply. Yours most respectfully, The Hon. John Neilson. ROBERT T. GOURLAY. P. S. I shall lose no time in attending in Kingston, if you think it neces- sary for me to be there. R. F. G, No. 2. Kingston, September 14, 1842. My dear Sir: I was favored with your letter of the 10th, this morning. I think you had better petition, stating, in as few words as possible, the facts, attending your case, since the Report of last year, and send it to any member you please. I remain, your very obedient humble servant, J. NEILSON. Robert F. Gourlay, Esq. No. 3. St. Catharines, September 28, 1842. My dear Sir: I have just read a newspaper, whereby it appears, you presented my Petition, and procured a Committee. Understanding, also, that the House will be prorogued to-morrow, I lose no time to beg of you to send me the Committee's Report ; as, with that, I would immediately leave this place, ^Yhere the baths have availed little, and proceed for the sea-board and the South, in quest of better health. Yours respectfully, ROBT. F. GOURLA^'. The Hon. John Neilson. P. S. I mailed for you No. 6 and 7 of the 'Banished Briton,' that 79 \NADA CONVENTION, R. F. G. you might road the thansacttons of thk Upper Cxi m 1818. Did they come to hand >. * xTjj 4 QuKENSTON, S<>ptembpr 30, 1842. My dear Sir: Undorstimdin- that pavliument was to bo proro|.nied yes- terday, I wrote you from St. Catharines, be-nn- to be iavored with a copy of the Committee's Report, in my case: but, at this p ace Mr. J hmburn tells me, the proro proved '; Back stair s intlu- Snces and underhand plots,"- have existed : -"^''/f «^'f "^- ^^'^ "V^^^^" pose them? I thou-ht a commission best suited for this : and ^latrara District, the best place for examination. Should you think Kingston best, I^ am ready to iro there, on a call. ^ r »\ v,. In my petition, I sky nothing of the argument of the Report of the Ex- ecuUvTcouucil, because I conceived you. am others, who drew up the Repor'on my case last year, fully able to refute it But, I will here charac- 4:;ji^^&f ;:;;r's.rJrr;h;x;tt ':^^l. . .. ^the-H^JoHN NELSON. '--^!^i:^^ ROBERT F GOURLAY. iiic x^yj QuEENSTON. Octobcr 12, 1842. My dear Sir: I left St. Catharines, this day, after waiting a week, there, in exp^c'atL of hearing from you, or some one o the Committee, and am now on my way for Avon Springs, in quest of ^^^a th The Report of last year can be sustained, or it cannot. It it can. there still may rquestion as to whether an act should be passed iorcompen- sat n^me. or an address to the Throne, for the same encl It struck me, last tions, under the" title, " Chronicles of Canada. t The following copy of a letter to Dr. Dunlop will best shew my opinio ct that time. •' Kingston, Sept, 15, 1841. '"roStiiS e\VrneT'n1 ^'rtZi affldavi.,, whi A made good my case ; su^ect to the rule of clelaj.,/or twenty-four hours. the 'S"oUl^ev«neerme%T;uS•»:^ord£n;^s■sS^^^^^^^^ °'irirl:&3t SJ^S\rfflrJcE;;y'l.ed a„d .en u„de.s.ood , r It 80 on my own part, I shall not give up, on any terms ; least of all, to be treated as an object of compassion. . i r i If the House is resolute, as to my right, and time is required lor comple- tion, I trust the recommendation ot last year, as to the intinim payment of my expenses, ^- while before the Legislature, defending the rights of a Brihsh subject," should not be forgotten. By inspection of parliamentary jour- nals, it will be found, that, I have been before the Legislature since April, 1836 • and, a year ago,' I M^as paid fifty pounds ! ! — with an apology, it is true. Lest the House should be prorogued before this reaches Kingston, I shall despatch a copy for Capt. Steele, that the Province, both east and west, may whness my protest against delay, more cruel than the worst decision. Yours, respectfully, ROBERT F. GOURLAY. The Hon. John Neilson. ^^0. 6. House of Assembi-y, 10 October, 1842. Dear Sir: A message has just been received, from the Governor, that he has directed fifty pounds to be paid to you, annually, as a pension, in con- sideration of your losses and suflerincs. It is out of the CivU List. ' I remain, very sincerely, your most obedient servant, R. F. GouRLAY, Esq. J- NEILSON. No. 7. St. Catharines, November 1, 1842. Dear Sir: In consequence of my absence, at Avon Springs, your letter of 10th instant is only now received. That you have meant to befriend me, I doubt not ; but all offering, on the score of compassion, I must, in duty to myself and family, spurn as insult ; nor could there be greater, than placing me on the Civil List of Canada, with a pension of fifty pounds a year, '' in consideration of losses and sitffer- I shall lose no time in quitting the country, where I have been so insulted ; and, should God grant means, the world shall be made acquainted with my reasons, a;t length^ Yours, faithfully, ^r.,r^T .^r ' ° ROBERT. F. GOURLAY. The Hon. John Nkilson, M. P. P. No, 8. Boston, July 29, 1843. My dear Sir: It appears by newspapers this day, that the Canada Par- liament is prorogued till 31st August, and, then, not to meet for despatch of business. Possibly, I may be dead before it really does business ; but, hav- ing printed all papers essential to a right understanding of my case, I tiust that justice will at least be done to my family, from whom I have been separated twenty-six years by wrongs in Canada. Assured that you and the great majority of the legislature have ever meant well by me, I now make over to my family, that same good will. As to myself it matters little even should the heavens fall. Very truly yours, ROBERT F. GOURLAY. The Hon. John Neilson, M. P. P. for, were my case to stand for one for which the People are answerable, and demand a grant out of the taxes, then the Legislative Council must be consulted ; and, even were that Body acquiescent, the lapse of time, alone, would jeopardize my fate. I think, if you would weigh these arguments, and see the matter as I do ;— mention the case to the Speaker; and then, plainly, state to the House, whore the error lies, all may yet be wftll finished, and 1 relieved from an almost intolerable load. The opinion of the House being expressed to the Governor, 1 could return to Britain, — rejoin my family, and be, there, compensated by the Government. Yours, &c. William Dunlop, Esq. ROBERT F. GOURLAY. THE MMFITlEJMIIAR. No. 9. COPY-LETTERS. No. 1. To His Honor, the Mayor of Boston. Sir : Having resided in this city four months, and had much enjoyment, with improved health, walking in your glorious Common, I would now, about to depart, gladly leave behind a token of gratitude and usefulness. The accompanying Testimonials shew that I was once a Farmer : and, assured of this, you will be more disposed to listen to what follows : The Common, I understand, was once pastured with cows, and a friend tells me he used to have pleasure looking at them: nevertheless, they were objected to and excluded. I would substitute sheep, — ewes and lambs; but all exclaim against this. Sheep, they say, would never do: boys and doers would chase them ; they would run off; they would soil the paths, and bark the trees. No such thing. I would construct a moveable fold, elevated six feet, with an inclined gangway for entrance. The floor should be per- forated for drainage of all moisture; and hatches made for the ready dis- charge cf dung. Near the Common is a depot for street-sweepings. Over these, I wo-.l(f place the fold, moveable at pleasure, on rails, so that drop- pings would be mixed with these as manure, economically. In England, I had five hundred ewes and upwards, with their lambs, which, from the middle of March till the second week of May, were fed on fifty-two acres of water-meadow, and folded on arable land preparing for a crop of barley. The sheep were let run from the fold towards 11 o'clock, and driven back from the- meadow about 3. Evening and morning they had hay m cribs: but, of this, they ate little,- their principal food being the grass, on which they throve surprisingly. Hastening to the meadow they dropt nothincr; and, returning, swell' Ike full blown bladders, they let hltle fall by the°way,-the food in theu stomachs being yet too crude for discharge. Thus no filth was to be seen. Ewes and lambs let run twice a day on the Common, three hours each time, would need no hay. A man, with a dog, would manage all, and protect them from annoyance. Citizens, both old and young, would admire the animals, and hold them sacred. Let out to pasture hungry, the sheep would not loiter on paths to soil them ; and the few trees, yet of tender growth, could be fenced in ; although, in fact, the flock, having abundant grass, would touch none of them.- Ewes with lambs could be purchased when required ; the lambs, when fit for the butcher, sold off" gradually ; and so, after^vards, the r ': ii w Wi 82 ewes, till the whole concern was closed with the season. Any American Far- mer can calculate the profit : I would guess, at least a thousand dollars a year Sometimes, in England, I have let my water-meadow, for spring feed, as it was called, from the middle of March till the second week of May, for £2 sterling per acre. The owner of the pasturing stock found hay, and I had the manure, to boot, from his sheep folded on my land. — To the city of Boston profit is a secondary concern : but, by pasturing only, can the Common be most beautilied. Look, at this moment, to the mowing system, and see how objectionable it is. No where is the mowing well done : in some places, as ill as possible ; and, in other places, the grass, run to seed and wirey, cannot be mowed. The hue of the verdure is not uniform, nor, so pleasant to the eye, as it may be, by pasturage. Under the mowing system, the grass is never fit for walking on ; certainly not when wet with rain or dew : nor, thus trea- ted, is the Common available for fetes, and reviews. Let it be pastured with sheep, levelled where required, weeded, top dressed, and rolled, — I shall engage that, in a few years, the surface may be trod on, at all, times with comfort ; and rival, in appearance, the finest carpet. Having read this letter, may I beg of you to honor me by laying it before the Board of Aldermen. Most respectfully yours, ROB. F. GOURLAY. Marlboro' Hotel, June 15, 1843. No. 2. Sir : Understanding that you laid before the Board of Aldermen, my letter of June 15, I now beg you will do me like honor, by laying this, with the accompanying Map of a Pagoda and Flower Garden, before the same. When summer set in, nothing seemed to me so unaccountable as the Common not being frequented by Ladies. By and by, it occurred, that want of proper resting places caused this ; and seated, daily, on the eminence beyond the Big Tree, at once to rest and enjoy the delightful prospects — the stirring scenes on the railways, and beautiful country beyond, — Roxbury, Brighton, Brookline, &c. &c. it struck me, that, a Pagoda erected on that spot, with a Flower Garden adjoining, and a Refectory, would supply every want. For some weeks, 1 have been employed drawing, and submitting Plans to my friends. All pronounce the idea a happy one ; but some say it cannot be executed, because of an ancient charter, which forbids building on the Com- mon. This I hold at naught, assured that it never could be contemplated to bar out what would promote the chief end of the Common, — recreation and enjoyment to the citizens at large. Such objection might be urged against gates, fences, and fire-works. My plan would not be costly ; nay, I would ensure ten per cent, on any outlay of money, for any term of years. The first floor of the Pagoda I \vould make free to all ; and exact payment from those choosing to ascend the Pagoda, or walk in the Garden. People, with whom I have spoken on the subject, say that nothing, in Bos- ton, would be so profitable ; and, ihat cash would readily be advanced to the 88 City Authorities, for execution : certainly, nothing could contribute so much to heal:h, and happiness. Mounting the State House, or the Monument, thence to view scenery unri- valled on this continent, is toil — disagreeable toil ; and, at the top, there is no comfort. The Pagoda, having an easy stair, might be ascended, even by the old and infirm, resting stage after stage, and, tempted on, by the growing glory around. At the top, the view would be little less extensive than from the State House or Monument: otherwise, it would be superior, —free from giddiness, and fringed below, on the foreground, with foliage. The Telescope, too, would be an attraction, to be used either for the survey of the earth or the heavens. It has been hinted, that, my being a Foreigner will militate against adopt- in:? the Plan. Surely not. Successors of the Pilgrims will ever keep in mind that they were Foreigners. Besides, were my history known, it would be allowed that no one has better claims to nursing in tl ; Cradle of Liberty, — a martyr to freedom, since the year 1808. I have been detained here months beyond expectation ; but, the more am I attached to your famed city, and the more am I disposed to contribute my mite towards its improvement. Your obed't and very humble servant, ROB. F. GOURLAY. Marlboro Hotel, July 11, 1843. No. 3. Sir: — It was not my intention again to trouble you ; but, the wretched appear- ance,— the ''green and yellow melancholy;' of the Common, at this time, urges me to write, and to say that it might be otherwise. In short, Sir, I would engage, as an Agriculturist, that its verdure could be kept bright all summer; and more, that you may have grass in Spring earlier, and, in Fall, later, — thus increasing the enjoyment of citizens — objects, surely, worthy of consideration. I came to Boston, solely to be at the nearest point, in the United States, for cor- respondence with my family in Scotland; and, sam. time, to be in the line of communicating with Canada, where I have property and business. In Boston, I have had much satisfaction every way, and infinite pleasure walking in the Com- mon. To Boston and its people, I have become attached ; and, confiden' that my suggestions may be made available for the improvement of the City, I hereby offer my services to realize the same. First : — I will engage, by pasturage, to make the Common, instead of a bill of expense, profitable ; while the surface shall, at all times, be in the best condition for walking on. • i i • j Second: — I will ensure ten per cm^ interest, on any money judiciously laid out on a Pagodx and Flower Garden, as planned by me. Third : — I will engage to effect what is above set forth, cis to the verdure. As I am to remain here till Saturday, the Authorities may, if they incline, see and converse with me, on the whole matter : — and, meantime, you will honor me by laying this letter before tae Board of Aldermen. Respectfully yours, ROBERT F. GOURLAY. Marlboro' Hjtet, July 17, 1S43. ill M 111 84 lb the Prtndent of the Common Council of Botton City : TO BE COMMUNICATED. Sir : — Probably, all communications, laid before the Board of Aldermen, are sub- mitted to the Council; but, as I am little known here, and my letters, written at different times, might not be attended to, in connection, I have thought it well, to write out the above copies, together ; begging you will, in this form, present them to the Council. It was iny wish, also, to annex a corrected Plan ; but feeble health forbids. I have the honor to be, Sir, your obed't serv't, ROBERT F. GOURLAY. Marlboro'' Hotel, July 19, 1843. City Hall, Boston, July 21, 1843. Sir, — I have the honor to acknowledge receipt of your several communica- tions, in relation to the Common, in this City, which I have laid before the Com- mittee on the Common, &c. I am directed to inform you, that the Committee do not consider themselves, or the City Governr.ent, authorized to place a building of any kind on the Common,— the citizens hairing especially reserved that power, in their own hands. The Committee do not deem it expedient to keep sheep on the Common. Respectfully, your obedient servant, M. BRIMMER, Mayor. R. F. Go URL AY, Esq. It now appearing, that the Citizens at large have to determine, the whole, is respectfully submitted to their deliberate judgement. ROBERT F. GOURLAY: Marlboro' Hotel, July 21, 1843. SLEEPLESSNESS. To the Editor of the Boston Medical and Surgical Jonntal. Sir, — As you desire, for publication, an account of my extraordinary sleepless- ness, I make you welcome to what follows : — During three periods I have been bereft of sleep : — first, in 1833, for six weeks ; again in 1837, for live months ; and, now, these last four years and five months. Prior to the first period, I never suffered from want of sleep ; although, at times, little sufficed, for refreshment. My constitution, naturally sound and vigorous, was, till forty years of age, sustained by healthy exercise, as a farmer — riding and walk- ing much ; indeed, walks of thirty or forty miles a day, in no way distressed me. In the year 1819 I was cruelly imprisoned in Canada, (' illcgallv, unconstitutionally, and without excuse or palliation,' as \he present Legislative Assembly has declared,) during eight months ; the last of which, in solitude and stifling heat, undid me ; and, for three years thereafter, I was debilitated ; nor should I ever have regained energy, but for a resolution to go to h?rd labor, which I did for upwards of three months, — breaking stones for the roads in Wiltshire, England, and living on the earnings, — sixpence a day: viz, from September 9, till December 23, 1822, as minutely detailed in Parliamentary Journals. ^^m IS 8- s; IS, k- le. h) Id, TO THE CITIZENS OF BOSTON. Ladies and Gentlemen : Informed by His Honor the Mayor, that you '\haye re- served in your own hands the power to place a building on the Common,^' I have caused plates to be engraved for your better understanding my Plaa of a Pagoda, &c. Permit me, therefore, to submit the same to your mspec- tion ; and, if approved by the majority, it will be easy to decide, at next annual election, whether or no the work cViqii nroceed* My offers to execute we made to arrest attention, as matter of business. If required, 1 would adhere ; bemg certain that all could be done to profit ; but, I wish no job of the kind ; and many are better qualified, for exe- cution than I am. Before the question is settled, I shall be gone hence : but shall ever bear in mind pleasing recollections of Bos- ton, where I have had more enjoyment than I could have had any where this side the Atlantic, from general intelh- aence, moral discipline, and steady habits ; — much more than I have experienced in any other city — London, Edinburgh, or New York : — enjoyment, which has sooth- ed me under cruel circumstances ; and, which, will be con- tinued, should I succeed in adding to your's. Meantime, accept the best wishes of Your obedient and very humble servant, Robert F. Gourlay, Marlboro^ Hotel, > September 15, 1843. ) ed PLAN AND ELEVATION OP A PAGOM, witli a FLOWER GARDEN, in Boston Common. RESPECTFULLY DEDICATED TO The good taste ; somd judgment of the Citizens at large. FIRST FLOOR. BASEMENT. LLLUi 5 iqScfOaj^R^^ 30 PLANS. THE SCIENCE OF CITY BUILDING. Landed at Quebec, May, 1817, 1 was immediately struck with the miser- able planning of that city ; — some of its principal streets being from fifteen to twenty feet wide, only. At Montreal it was better. At Kingston, well, in this respect ; — the streets being seventy feet wide ; — sufficient, where the length is not great, or the stream of commerce excessive. At Buffalo, the main street appeared too wide ; for there is a limit beyond which inconveniences are experienced ; and this was more apparent at Can- andaigua. At Detroit, December of the same year. General Macombe laid before me a plan for the extension of that city ; and, then, it first dawned on my mind, that City-building might, and should be reduced to a science, of incalculable value in America, where thousands of cities are yet to be founded. This idea has been cherished ever since ; and, in London, Edinburgh, New York, Cleveland, and Kingston, I have employed spare time in drawing plans, with a view, uUimately, of illustrating the science. This study gave rise to the present proposal of building a Pagoda on the Common ; and other improve- ments are contemplated for Boston, which may yet be spoken of. At Edinburgh, in 1829, I published Plans for the improvement of that city, with a proposal to institute a society iur promoting the " science of Citv-build- ing; " and in 1831, sent one of my Plans to General Macombe, at Washington, to prepare the way for cooperation, on this continent; but, as yet, all my proj- ects have been marred with untoward circumstances, and endless per- secution. I now flatter myself that, in this "Cradle of Liberty," my suggestion may be acted on, and Boston become, also. The Cradle of the arts and sciences. A society for advancing the science of city building may be instituted by any dozen individuals of taste and liberality. They could easily "et a-going a Periodical which would pay, and secure coopera- tion from all parts of the Union. In all parts, people are at work planning buildings of every description, — ^villages and cities ; and, a central point, either to draw intelligence from, or to send intelligence to, — hints, essays, plans, &c., would be highly beneficial. I could furnish materials for several numbers of the Periodical to begin with; and, once begun, materials would overflow. The society, indeed, would only have to meet an hour or two, once a week, or once a month, to select, and cause to be digested, the voluminous matter. At present I can only throw out these hints ; but these may suflice. R. F. G. 80 In the year 1824, 1 was again confined by British tyranny, in London, three years and eight months ;— the purpose being to make me appear, to the world, insane ; and, thus, have my influence with the people destroyed. I weathered this persecution by living on vegetable food ; and, being free from all excitement, the time passed away happily. During this confinement, I had need of very little sleep ; and, the greater part of my time in bed, never more than six hours, was given to reveries, chiefly as to schemes for bettering the condition of the laboring poor, plans for laying out land in the wilderness, and studies for city building, which I contempla- ted, and still do, to reduce to a science. It was during this period, I think, that a habit of living without sleep began to form. From March, 1S28, till November, 1833, I was tortured, in Scotland, with unsettled affairs; but, generally in the best health; and could walk, from morn to night, without fatigue, while four or five hours of sleep was quite enough for rest and enjoyment. November 5, 1833, 1 left Edinburgh at six o'clock, P. M., in a canal-boat, on my way for America — choosing such conveyance that I might be along with my trunks, containing valuable books and papers. The boat was an iron one, and, jarring every little while against some other boat, bridge, or lock, subjected me, reclining in a vile hold, to unspeakable discomfort. Sleep was out of the question ; and I had none, all the way to Glasgow, which we reached about 10 o'clock next morning. Taking time, on shore, only for breakfast, I forthM»th had my trunks con- veyed to a steamer in the Clyde, and immediately sailed for Greenock. There, getting on board the steamship Vulcan, we were under weigh, for Liverpool, in half an hour. We ran to sea in the teeth of a hurricane ; sheltered, during night, in Lamlash bay, and, by earliest dawn, ran through a stormy ocean to Liverpool, which we reached early the second day. These two nights, like the former, were Engaging a passage to New York, in the packet ship Pacific, to sail next morn- ing I told Captain Wait, how I had been deprived of rest. He recommended a warm bath before going to bed, in Liverpool. This procured, I believe, some sleep ; but certainly, from Liverpool to New York, embarking November 9, and landing December 22, 1 had not a wink of sleep. It was dark when we landed. I resorted to a warm bath, got into a comfortable bed, and slept, as I had done before leaving Edinburgh ; nor did I again want sleep, nightly, for three years. Crossing the Atlantic, my sleeplessness became subject of conversation- One prescribed laudanum, but that had no effect ; another opium, which also failed ; a third said, if I got tipsy, that would do ; but that did not. I drank grog, which only made me sick, and that, for the first time, at sea. The beginning of January, 1837, while lodged in a tavern at WiUoughby, Ohio, I was seized with erysipelas in the leg, a disease I have been long subject to, and during five months was without sleep. After that period, sleep returned gradually For many weeks I dozed by times, and had strange dreams ; one of them so distinct and beautiful that I wrote it down, and it was really worthy of record. The attack of erysipelas, conjoined with other diseases, rendered me lame and extremely feeble during the remainder of my stay in Ohio -eighteen months; and, after that, for four years and four months, in Canada, with frequent attacks of erysipelas and rheumatism, I was never strong, and all the time lame ; often, indeed at deaths door, in the most wretched condition, separated from my family, and, for the most part without symDathv, ora friend to whom I could unbosom my griefs. The loss 86 of a beloved daughter crowned my calamities, and finally barred out ' Nature'$ toft nurse.' My children, four daughters and a son, the youngest now twenty-seven years of age, grew up, every way well ; and my great consolation was, that what' ever befel me, still my family would be prosperous and happy. Alas ! when least expecting a reverse in that quarter, even when glorying over pleasant letters re- cently received from my daughters, I heard that the second was dangerously ill. I lay in agony two weeks, and then had the melancholy assurance of her death. ' Tired nature's sweet restorer, balmy sleep, He, like the world, his ready visit pays. Where fortune smiles. The wretched he forsakes ; Swift on his downy pinion, flies from woe, And lights on lids unsullied with a tear.' After seven months of this period of sleeplessness, I consulted Dr. Widmer, of Toronto, reputed the most experienced physician in Upper Canada. He advised to dine early, and eat nothing after, before going to bed ; which, till this day, has afforded the most comfort. His medicine — acetate of morphia, which I took at two distinct times, for ten days together— had no effect. Corresponding vvith the doctor, he expressed an opinion that my sleeplessness proceeded from excitement of the brain, caused by ipuch reading and writing on politics, which I told him was an entire mistake,' as I read and wrote little, and troubled myself not at all with politics. In fact, my troubles spring from unsettled private affairs, as my family and friends well know. After three years of this sleeplessness, being in Montreal, I advised with Dr. Rob- inson, but he could do nothing for me. Telling him that few would credit my accounts of sleeplessness, he said he could, having a patient, Mr. Jamieson, who had not slept the last five months. For a year past, I have been attacked with no disease ; and within these last six months, spent on the sea board, have been gradually regaining strength — partly, I think, from salt air: nor do I despair of sleeping, were all circumstances favorable. Long weakened with attacks of erysipelas, I am not able to take that degree of exercise which, in former days, contributed so much to brace my system ; neither have I now sufficient stimulus, in any way. With these, I feel confident that sleep might be recovered. Wherever I abide, this sleeplessness has been matter of jest; and few sympathize in my calamity, one of the most trying our nature can be exposed to. Fortunately, a native buoyancy of spirit sustains me against every jest, and the world's humors are repelled by my own. Since coming to this city of ' notions,' where everything is talked about, but nothing decided, I have been beset with inquiries, doubts and denials. Some pro- posed watching me night and day, so that I might be caught napping, and this they were welcomed to do ; but did not. I then cast abroad a handbill, offering a benefit to any charitable society who might choose to bring together a multitude for won- derment, and thus have a fair trial instituted ; but none have come forward ; and doctors, as they have hitherto differed, may differ in opinion still. Various books on the subject have been laid before me — McNish on the ' Phi- losophy cf Sleep,' and John Mason Good, M. D., on the ' Study of Medicine.' The first author, in my humble opinion, is anything but philosophical. He amuses with many stories, but comes to no conclusion on the principal subject discussed. He 87 mixes up absence of mind, or what should rather be called intensity of thought, with sleep, which, to me, appear distinct things. He speaks of sleeplessness being a •habit,' and ' habitual ;' — states that General Pichegru did, with only one hour's sleep a day, through a whole year's campaign,' — and mentions others, who ' re- mained weeks, months, or even years, if authors are to be believed, awake.' Now, why should he refer us to authors, thus to question their authority, after he had settled the point dictatorially , in a previous chapter, where he says, sleep ' cannot in any case be entirely dispensed with;' and, elsewhere, deciding against the entire want of it as 'fabulous.' — Who assured him of this 1 Dr. Good is not thus contradictory. He sets forth views and theories, support- ing them with instances of sleeplessness. Mr. Cooch, he says, ' gives a singular case of a man who never slept, and yet enjoyed a very good state of health till hi3 death, which happened in the seventy-third year of his age. He had a kmd of dozing, for about a quarter of an hour, once a day ; but, even that was not sound sleep, though it was all he was ever known to take.' Now, Sir, in all this we have yet no certainty; and, opinion after opinion, may be advanced without any good whatever. I say, a tinal issue may be reached, if I, here, in Boston, were subjected to trial ; and, for the sake of science,- to have a fact established curious in the history, habits, and constitution of man, I am willing to subject myself to the test. , . , x .. x. On various occasions, I have been almost asleep, but do not think I have abso- lutely been so, during these last four years and five months. In September, 1840, I travelled with only one short pause from St. Catharines, Upper Canada, to New- York in stages, steamboats, and rail-cars; talking much and continually excited with varied scenes and occurrences. Arrived at New York, I immediately lay down in a luxurious bed, closed round with musquito curtains ; and, next morn- ing declared to a fellow-traveller, that I would be unwilling to swear that 1 had slept none. Nine months afterwards, seated in the door of my log-house in the woods of Canada, during the stillness of a summer evening, and when the air all around was loaded with smoke, I verily believe I would have slept, had not a neighbor roused me. Five months later, in Kingston, thinking all my vexations in that quarter ended, and that I should soon rejoin my family in Scotland, I had a delightful night, and told my landlady that I had nearly been asleep ; and, reaching Quebec a week afterwards, enjoying the same hope, and worn out with travel, I dozed and dreampt, which is certainly an approach to sleep^ Six months ago, reaching Providence from New York, surrounded with agreeable objects, and en- tertained, for a whole day, in the most delightful manner, I flung myself into bed ; and if Morpheus did not obtain dominion over me, I had at least perfect repose. These approaches to sleep are acknowledged, not for surrender of what I have maintained invariably ; but to confirm the main position. In Ohio, two persons came into my bed-room, while my head was covered over, and, because I did not speak to them, said I was asleep; so, here in Boston, while re'^lming on a sofa, with closed eyes. On both these occasions, I knew the train of my thoughts per- fectly. In another place, the servant who put on my fire in the morning reported that, on two occasions, he had found me asleep. I was confident he had not, and tested the matter another n:orning, unknown to him. I covered up my head ; kept silent; let him question me ; and, then discovered, that it was, only from my being attentive, that his voice was audible, through the covering. Both the doctors, above quoted,allow that sleep may be dispensed with for long periods; and, if for weeks and months, why not for years and xorevcr? fi:i 88 not only done without it for years ; but, for months, have simultaneously suffered from acute pain, and torture of mind, still worse than that : nor could I have endured, but for a cherished principle, that, to endure is duty. I have tried many remedies:— -a hop-pillow, hop-tea, &c. &c. &c. "Winter before last, at Kingston, Canada, in great misery from ae deprivation, I resorted to laudanum, again and again — fifty drops, seventy drops, ninety drops, and, upwards of a hundred ; yet, still, I had no sleep. Here, in Boston, I have been advised to get Mesmerized ; and, if professors of that art are willing to try, they may try. Most surely to succeed, I say, — Met me rest from persecution, because of principles and opinions, which has been- unrelenting during thirty-five years ; give me my rights as a British subject in Canada, and deeds to land there vexatiously with- held ; restore to me property in Britain taken out of my possession under most iniquitous pretences ; and, let me rejoin my children, in such a happy home as I once enjoyed." All this is now submitted, frankly and sincerely, to your learned and liberal profession. Rob. F. Gouelay. Marlboro' Hotel, Boston, May 10, 1843. SLEEPLESSNESS.— CONTINUED. 3b the Editor of the Boston Medical and Surgical Journal. Sir, — Tou have heard of my sleeping two hours; and wish, for publication, a detail of circumstances, which I now furnish. June 16, the British steamer being to sail, I was employed from daylight till noon, writing and despatching letter . Ten minutes past 12, the last was mailed. I then ran to a newspaper office, purchased the paper of that day, and mailed it also. By this time the President of the United States was approaching ; and I stood, in heavy rain, till the procession had passed the post-office. After that, I was engaged with business till near two o'clock, — sometimes in, sometimes out of doors, and got drenched. Returning home, I put off my wet clothes, and went to dinner at half-past 2 o'clock. About 3, I retired to my bed-room ; sat down to read, having pulled off my coat and boots, but in a quarter of an hour, was overpowered with drowsiness ; flung myself into bed, under the coverlid ; immediately became warm ; perspired ; and, soon after, slept, soundly and certainly ! Awakening, I deemed it, for a few minutes, morning ; rejoiced that the weather looked propitious for the Bunker-hill celebration ; but, feeling my clothes, became undeceived ; started up ; looked from my window to the Old South, and saw by the clock that it was half an hour past d, P. M. In fact, I had been in the land of Nod, as near as may be, the time above named. One of the newspapers, with the too customary practice of misrepresenting, reported, that, I had ^been caught napping' — but, this statement was immediately conveyed to my fellow-boarders, and is perfectly correct. Some inquired, if I felt refreshed ; but no perceptible effect was produced ; and the occurrence has, in no way. changed my long-established habit. I have not slept since ; and, now, that the weather is hot, I have many restless and miserable nights. ' From short (as usual) and disturbed repose I wake : how happy they, who wake no more ! ' Marlboro' Hottl Julu IR. 1843= Rob. F. Godklat. THE KHiPTriuFrsAHc No. 1. No. 10. A SECOND FAREWELL. To the Editor of St. CcUharine's Journal. On board tho Transit, Queenston, ) Novembers, 1842. ) S,R- Loavinc this place, perhaps for the last time, allow me to declare mibH^-iv mr'?al'fu s^ense'o? kindnesses experienced from private indmd- public ly rriy r,ra".ui , ^ Maiden to Point- Fortune, and from ttVaufto^rie sK , sfnce i^^^^^^^^ to the Province, 17th September, me an i that the pe^^^^^ Bet aside for me by Government may rK.t be lefoured by cormorants, I would present to notice a worthy recipient-Sarah tavern, unaware of such cubtomers, main. h.„u-5 i chestnut "■t^o'lforlic ^i^sr" rou'eTrTuTth" Fai-s of any one more deserv- Say, O Heroic ^^^"^«' " •'"\' ^^ Defield ' so prompt, so collected, so brave, OF Cinada;" anJ repeat that S""!;! B'^.'"''^";^''^'^^ 'f ,he sallant sii^eii^^no'irrtirLS^'SeiMo^^'-s avails of Gallows Hill. ,^ , ,r ,« lojo Astor House, New York, Nov. lb, 1842. jt£.A^::iin^'st^rsoS'^n^r^'^o^-^s^ 12 90 which was read to a friend as soon as written in Niajjara river ; and, again reneatiti" what is above said of kindnesses, I remain ever the Bame in heart and principle, ROBERT F. GOURLAY. No, 2. To the Editor of the British Whig. KiNosTON, 2l8t Dec, 1842. Sir : Having this day seen in your paper of yesterday a letter from Mr. Gourlay, to the Editor of the St. Catharine's Journal, and published in that paper, which contains erroneous statements relative to me, I request of you to insert in your next number the accompanying copy of a letter which I addressed to that Editor on the 12th instant. I am, Sir, your obed't serv't, JAMES FITZGIBBON. (Copy.) Kingston, 12th Dec, 1842. Sir : The St. Catharine'' s Journal of the Ist inst. has just been put into my hand ; and a letter from Mr. Gourlay to you, and published therein, pointed out to me. . 1 J The facts of the occurrence mentioned in that letter are mcorrectly stated. The part which Mrs. Defield performed was briefly as follows : Having suc- ceeded in seizins hold of a rifle and musket presented at me by two Amer- ican soldiers, which I could neither wrest from them nor could they from me, the rifleman retaining hold of his rifle with one hand, drew my sword with the other, and attempted to stab me with it in the side. While watch- ing his uplifted hand, with the intent if possible to receive the point of the sword in my arm, I saw the two hands of a woman seize his wrist and carry it behind his back, where she and her sister forced the sword from him, and they ran away with and hid it in a cellar. This woman I afterwards learned was Mrs. Defield, wife of the tavern-keeper at whose door the affair occurred. An old man named Johnston then came up, and with his assistance I took the two men prisoners. An American detachment of 150 men was within one hundred yarils of us, at a neighboring house, but we were screened from their view by a few young pines. Until the end of the war I regretted exceedingly my mability to render any service to Mrs. Defield. But after the war, and on the return of Lt. Governor Gore to the Province, 1, being then stationed with my regiment at York, now Toronto, waited on His Excellency and represented her conduct to him, and prayed of him to reward her, if in his power to do so. He said he could do so only by giving her husband a grant of land, but for which, however, a small fee must be paid, as he had no authority to make a free grant ; and asked me how many acres I desired for him. I answered one hundred. His Excellency promptly said, I will give him two hundred. I wrote to her husband, Edward Defield, communicating the Governor's offer, and desiring him to come to York, if he were willing to accept the land upon those terms. He accordingly came, and my request was referred to the Executive Council, before whom I was summoned, and to whom I related the narticulars of Mrs. Defield's conduct. Whereupon an order was made in favor of Edward Defield for four hundred acres, and the land was granted to him out of some of the best in the Talbot settlement. As to my own circumstances, they have hitherto been such as to render it impossible for me to make any pecuniary gift to Mrs. Defield. Neither have J JJ3 yoj received one acre of the land which Mr. Gourlay states was granted to me, and out of the avails of which he would have me give Mrs. Defield a pension. . , ,^^. , .„ In 1838, a son of Mrs. Defield was taken in arms at the Windmill, near 91 Prescott, with the Brifrands who crossed from Ogdensburn?, and ho wa« con- demned to sillier death as a traitor. When the late Mr. Alexander Hamilton, then Sherill of the Niagara District, Mr. David Thorburn, one of the eoniity members, and I, prayed of His Excellency, Sir George Arthur, to pardon the son in consideration of the former good conduct of his mother ; and, alter the lapse of some months, a pardon was granted for him. From what I have known of Mrs. Deheld, I would not suspect her of making the statement given by Mr. Gourlay ; and from the very little I have known personally of Mr. Gourlay, I would not charge him with wilfully rttering an untruth. But as the statement of what has been done for Mrs. DetieUT, which I now make, is founded on written records which cannot be contradicted, the public can easily decide between the two statements. Very reluctantly do I come before the public on this occasion, but I could not justify it to myself to let the misstatement in Mr. Gourlay "s letter go iin(*orrt*f*tGu I therefore request of you, Sir, to insert this letter in a future number of the St Catharine'. Journal. I am, Sir, y-(^,ljff -J'^J'^ijbon. No. 3. To the Editor of St. Catharine's Journal. PnoviDENCE, Rhode Island, Jan. 7, 1843. Sir- Your paper of December 22 reached me two days ago; and I am indebted to a friend for "The Bkitish Whig '' of the 23d. In both these papers I have read Colonel Fitzgibbon's letter to you ; and from it 1 learn that you published mine of November 3, headed ^-A Second Farewell. Colonel Fitzoibbon says : '■ the fads of the occurrence mentioned m that let- ter are tncorrecthi stated.'' Also : ''from what I know of Mrs. Dejield, I would not su.^pect her of making the statement given by Mr. Gourlay ; and jromthe very Utile I have known personally of Mr. Gourlay, I would not charge him u'ith uttering an untruth." .i- r u * ^v. . These quotations shall be briefly replied to. I care nothing for what .he Colonel suspects of Mrs. Defield ; as little for what he may charge mo with, versonalh, or otherwise ; and as to •• wilfully uttering ari untruth;' I hold such insinuation light indeed, coming from a man who, it is well known, profited by that practice. • i_- i. i ** r tv^,^„ Having neither seen your nor any other paper in which my letter ot Nov. 3 is printed, I can only speak from my scroll ; and coriipanng Mrs. Defield^s statement there with Colonel Fitzgibbon's, I am unable even with the light he has furnished, to improve her's. Her's appears well ordered, luminous, consistent, probable, and complete. His, confused, evasive insidious, ob- scure, and unsatisfactory. No competent judge of %yritmg and evidence will say otherwise, on comparing the two statements, side by side. ^ , ,, When Colonel Fitz surrender, for there are a thousand Indians at hand ready to kill you No ; in his first sentence he asserts that the facts in my letter • are incorrectly stated " In his second he says : " The part which Mrs. Defield performed was brieflv as follows : " but what follows ? why, his " having succeeded in seizing hold of arifle.-' This is brief indeed ; but he does not deny that meantime Mrs Defield rendered that riHe and the other '• mnocMOU." which act of her's, and forcibly recovering from the hand of the ntleman the sword made it easy to take the prisoners ; as we now tind by his statement that he had an old man to assist him. beside the two women uuu assisied Mr=. l^tncia. But by Colonel Fitzgibbon's statement, '^ she and her sister ran away and that the reader may lose sight of them -Mn a cellar, ' he digresses to 92 state that he " aft»r^ r,h ^mmi that this woman was wife of the tavern keeper." Ct " «' imlun '^t of 150 men was wUhjn 100 yards, 'heighten, admiration 4.f om J, -n ,, but in no way helps the Colonel's story , and Xn the i„u„ter due- h> part in ilWrM.g hor gallant achievement, '-a JeT young ]P,^^^ in the back ..oiiud, with the ntar .angled banner waving over til.-", v>\\l indicate whore lay the dctachmeut ar„„.xr M M.lv objopt for calling on Mrs. Defield was to ol.r.in facts for/ Chron- icles Of'r^L^. ■' I had heard long ago that Mrs. James Kirby with another Nvwiaaflhad, m war time, takei nvo prisoners ; but, only a lew weeks pS to m^fi^f '7»l/ on Mrs. Defield, did I learn that she was the woman, "Br?Snce \'ol"nvertisement prefixed to ''Chhoniclks o. Canapa,'' No 1 sold bv Carter & Bentley, Kin-ston, it will be seen that the design ot thatv^ork "IS TO collect and lay before the public authentic docu- ments RELATING TO THE CoLONY, WITH COMMENTS, AND INVITINC. INFOR- MATION, IN ORDERTHAT A CORRECT HISTORY OF CANADA MAY BE ULTI- MATELY DRAWN UP AND PUBLISHED." This history was projected twenty five years a-o. I then began to collect materials for it ; but cru(.l circum- stances rendered my endeavors abortive at every stage. Nevertheless dd not abandon mv design. It was in view when I '^^-""^ff^^he Atlantic in 1833; and I solicited for it the patronage of G^yeriiment in letters to Sir F. B. Head, and Sir George Arthur, afterwards published m The Banished ^ During the four years and four months of my late residence in Canada, I was constantly storing up materials for this work ; and, to give example of Teal in doing so, I shall detail proceedings regarding a matter wherein Col. Fi«-^nbbon would be good authority were he not interested, personally, and cwi ' we not " rMr early as NoveTuber, 1817, Mr. George Keeifer spoke to me o the batt^ of he BeLer Dams, and I then noted down the number of the ^l^ad whom he lent a hand to bury. Last June, being all n.ght .^"J?,^ ^is hospUab e roof I resumed inquiries on the interesting subject, when he referred me to his neighbor, Mr. Hoover ; and to him forthwith I went Mr. H. proved eSremelv ob i-in- and corAmunicative. On his farm the battle began, and he vdked wi h rne over the ground, pointing out where the two first shots w^re f^red; where the Americans were placed at that moment; and where he asSted to bury their dead, &c., &c., &c. Before leaving him I sketched with mv pencil the battle-ground ; then called on the Rev. Mr. Fuller; re- J^uchTd my plan in his house, and with him returned to the ground, there to atipprlaiii if it was correct. . . .. . Three month., afterwards, wishing to know the exact position of the Amer- icans after they were beaten by the Indians, and to consider how far they we"e in jeopardy when they surrendered to Fitzgibbon, I called on Mr Ball, who livenSh of the battle-ground, and had his account. I then wait> ' .r; Mr jicob Upper, who walked with me from the south to the spot where the surrender wa'sm^de ; - all this trouble being required ^or^J/^^^^;^^:;^; hend the whole affair, and estimate a saying of the «^«"tfuljky . Fhai la^ COCKENAWAGA INDIANS HAD ALL THE FIGHTING; THE G«AN°Jij^^^ b'DIANS ALL TH'^ PLUNDER; AND THE REGULARS ALL THE HONOR. The above narrec^ -entlemen' will readily testify as to these facts, while I could refir to oth.rs ^.o were present at the battle, and saw the arms deliv- ^^'r'^nm thus verv oy ;, - - to a rost attention to the importance of obtaining 1 am thus very pd.,.. . u - ,^ ^. J Canada while vet it well authenticated ,;u.;vi- Mt regaram , ne u-iu mav be had from Iv'/Ir.i' > Uiesses ; etv^cially as £250 was voted to Major Bardson by l^rliament lor his slender history, wherein he does not bring 93 forward tho best testimony as to the death of Tocum«eh, although ho himself was at the battle of the 'riiaiiu'w. .vi.ich hannilv But, to return to our main object .1 present. My 1^'\^ . /'^J ''^P^' ^ S^^ her to hear me repeat her storv, -hich, part after paH^he verlual I shnuhl serious question arise ; and that all panics im^n'- J /tajias of a wnmun lor xj. -tMi>^ « ^^ i'^„.„,,i,i r om certa n. have been erou3 treatment of his mother may ha™ mirsej "P J^^f °^™ , ,,^ j;., „„, brave youth to deeJ, of 'l<=fP«"'™,'",f ^^^fa"'!! T„,Tg »narymoveraent,andhowUis h hehas no .^ ^ J ^^ ff To me novement. ana now u is >.ii"t "-- ""- ■-: , "the recommenrlation 01 the _Assem% appe » 1 r, -r .... .„^.,„.,„.„ ^„.; ^.nrlrrhnnd vlots:^ and it would be amusing to dis- '• baclc-d:i!!s cnjiiUif- ?,.■_••■.« — -- .. , ,, . Dowmnii street, aiier u cover that Colonel Fitzgibbou returned booUess Horn uow nm« , 94 wild-goose chase, because such influences and plots could no longer be coun- tenanced there, in consequence of Lord Durham's Report, just then pub- lished. There is more to say, but paper fails. ROBERT F. GOURLAY. No. 4. DEATH OF TECUMSEH. Having said that Major Richardson "does not bring forward the best tes- timony as to the dea*h of I'ecumseh," I proceed to produce my authority,— the only one, I believe, who can testify, positively, as to that ; and, I trust, he is still alive — Captain William Caldwell, who resided in, or near, the Township of Colchester, Western District. During the months of September and October, 1836, I perambulated that District. Having spent a night with the Post Master, Mr. Gordon Buchanan, he advised roe to call on Captain Caldwell, as one who could give the best information. After introducing myself, we walked over his farm, and then sat down to supper. On my declining to eat mutton, he told me the sheep had been killed on my account. So, to do justice to the sheep, I agreed to remain and eat of it at breakfast. Half a mile from the Captain's house, I had noticed a beautiful weeping willow, and being told that it had grown up in seven years, I returned before breakfast to measure it ; thus to have proof of the great fertility of the soil thereabouts. At breakfast, an accident happened, of which his lady will have a feeling remembrance ; and I feel for her till this day. Captain Caldwell entertained me with details of the most interesting oc- currences during the war — the capture of Hull's army, &c., &c. Speaking of the Battle of the Thames, he said, " Mr. Gourlay, as you travel much in the United States, should you meet Colonel Johnson, ask him if he killed Tecumseh." By these words having more particularly arrested my attention, he repeated them with emphasis, and proceeded to explain. He said he had been recently at Detroit, and seen a picture of the Battle of the Thames, wherein Colonel John.'ion was represented as shooting Tecumseh — that it was not so — that Colonel Johnson might have killed an Indian ; but, cer- tainly he did not kill Tecumseh. He then went on to state precisely how it was, suiting the action to the word. He said that being of the Indian Department, he, with others of the same corps, and Tecumseh, stood together watching the enemy's approach — that they heard a rustling in the bush ; and just then, Tecumseh was struck with a bullet — that he clapped his hand to his breast and gave signs of agony — that he, (Captain Caldwell,) called to him, " Tecumseh, mount my horse, and get out of the way ; " but he immediately dropped on a fallen tree and expired — that the American horsemen coming in sight, he himself sprung on his horse and escaped. He said, that from the direction the bullet must have come, his belief was, that It was a stray shot from some of their own people. A month after this recital, being in the States, with little hope of ever seeing Colonel Johnson, I took opportunity, while attending a Lyceum Meet- ing in the town of WiUoughby, Oliio, to repeat the story ; and my friends in that quarter will yet remember well, as they listened with much interest, while I used the same gestures as did Captain Caldw(;ll. Pictures like that seen by him were shown all over the Union for political purposes ; and the credit of killing Tecumseh did much to elevate Colonel Johnson to the Vice President's chair. The sheep sacrilice is remembered by me as one of many tokens of kind- ness and refjpect experienced on my tour of 183G, — at Sandwich, Windsor, 95 tlie River Thames, Chatham, in the Woods, and on Ta hot street-among the Tobar^co plantations, in the Black settlement, and lastly at Maiden. 1 am indeed L^lad of an opportunity, still, to express gratitude. It was then my I'eart, after ten years of disgust, became agam warm towards Upper Canada ; and strange it is, after experiencing like kmdness in every part of the Province from individuals— even fnmi my ijuondam enemies,— my treatment by the Government, ever since the dei)arture ot bir b. B. l.eau, was uniformly neglectful, cruel, contumelious, and insulting. Mv return "to the Province contemplated not political, but philanthropic objects ; and I made record of this the third day. Learning that an English- man— Mr. Prince-had been elected to serve in Parliament, 1 called at his house, to bespeak cooperation in establishing Emigration Societies. Being from home, I left for him a memorandum, and for the lir.st time wrote^ 1 he Banished Briton— MEniATOR and Appellant.— Pro/i/zK/a tcrmf. • But, not to forget my principal object,-obtaining well authenticated facts for " Chronicles of Canada," . would have Major Richardson correspond with Captain Caldwell, and beg that whoever print.s this paper will send the latter a copy, whereby he may be assured ot my fidelity. ^^' ROB. F. GOURLAY. Providence, R. L, January 16, 1843. No. 5. THE LION AND THE BEAR. Once upon a time, a Lion travelling northward met a Bear ; and, with maiesterial growl demanded why he did not do homage. The Bear, surprised, but noway discomposed, excluimed homage.— -hat entitleUo^o homage-' "_Is it possib e, y^u "iisighUy clovv^, e- what eniiiies vuu lu uuiuayu : ^.^ •- f^^- tj~~ ^ ■' .i „f'T or« Bponded the Lion, "that you can be so ignorant as not to know that I am king of the beast,; ! " " Possible ! " ejaculated Brum ' I nevei" so much as hea^d of you before ; but pray, who made you king of the beastj " Ou crlation day sir," answered the Lion proudly, ' the ^ephant -"d the Rhinocero.s,-the Tiller and the Leopard,-the Jacka and the Monkey, 4th humheds more, pn^claimed me king ; and, although there have been many rebellions, I have ever maintained the supremacy. " That may b^ all true," said the Boar, " but, it is e^,-;l'e Beaver and the^ 'Racoon, with innumerable others equa ly respectab e anointed me king: nor has my authority been ever disputed: na>, lean sS for months toiiether, while my subjects continue to honor me ; and I would be perfectly happy did not the Eagle occasionally pounce on my cubs, and sometimes make otf with one." , . ■ . •! u.,i • nr,,l The Lion now changed his attitude : dropped nis tail somewhat , and, eyeino- the Bear all over, eaid, with subdued temper and courtly quiescence ' do,1ndeed, perceive ^^o.^ are fearfully and woiulerlu lly made^ \ ou, who e frame • your every feature betokens strength and hardihood ; but, above all, yoi^miki aspect Ldves assurance of truth ; and I have now only to beg your majesty's pardon for my inconsiderate and rude speecti. • „ ^„ „f -Make yourself easy," said the Bear; "your words only apprise me of error, which I cheerfully overlook." , ,^^^.;c i Tie two kin-s now sat down, conversed on state a lairs, and gratified each othei with%ecounting expe'riences, " I never before ' -"^^^j;^'^ ^^^ I ion "was so far north : and widiin the last week began to suspect L was o ""of m^ dominions. My subjects gradually disappeared, f "-estic animab mi ItiDlied and yesterday, my body servant, the Jackal, iorsook me. lo- Ty iterc?iUly,^and ver^ily believe could not, with all my strength, exist where I now am another week." 96 " Your majesty's case," said the Bear, "resembles my own, only I need no servant; aiurcorairiir southward begin to feel too warm." An alliance. oiiVmsive and defensive was now agreed on,— the Lion being especially pleased with a clause providing against depredations of the Eagle, found to "have preyed on young Lions as well as young Bears, contra, y to nature reli'>ion aiid good feeling,— all manifesting that Birds had no right to interfere'with Beasts, and least of all with their helpless oflsprmg. " Certified,' K. i?. u. West-End, Kingston, April 18, 1812. Note —The above fable was written for the Kingston Chronicle, but re- fused publication ; perhaps from some misapprehension. It is therefore reproduced, with explanations, as follow. Arrived at New York, December, 1833, I had occasion to address a mem- ber of Assembly, then in Toronto ; and io keep alive my claim to lands in the Province referred for payment of postages to the '• Great Bear, my Banker, London District. " This was deemed an act of insanity ; nevertheless, the practice was continued till 1836, and recorded in the Banished Briton, printed io Cleveland, Ohio, that year. _ Returned to the Province, I had Bruin cast in type metal to maintain my ri"ht, in cheques for payment of cash ; but a wiseacre declared it illegal ; and the hear was then placed at the head of one of my papers ''for daws to ^^ When the Assembly unanimously resolved in my favor, I designed a sleepJnratcd mischief not yet at an end. .^. The unanimous voice of United Canada has now declared my treatment in 1819, ''illcral unconstitutional, and u-ithout the possibility of excuse or pal- liation " If th(> Crown is to reuard this clearly expressed opinion, — repu- diate the transactions by which I was persecuted to my >•"'"• .^f, ^oj^P';!^" sate me for losses sustained, that must be done soon, to bo available, toi my life is wearing to a close, and bodily infirmities hasten that event 1 have been separated from mv family twenty-tour years, and all that time cut olf from opportunity of profitable employment by wrongs in Canada lie- turned to the I'lovince more than three years ago, hopeful of a fa^"lable hearing, from the civilities evinced by Sir F. B^ Head, and l^|«J-«P«=^t^'\^^- knowledgement of services to the Government during the rebellion -vet strange to sav, his successors. Sir George Arthur Lord purham ^^ jhe last Governor General have treated me with invariable neglect, and I may say, ''' M?onlv hope now is that vour Grace, above all influence or caprice, will cause that justice to be done,' which has been so bug denied. Ever most respectfully^mnj ^^^^^^^^^ The Dulce of Wellington. No. My Lord : You will j^jj^Tf^p-rnN, October 26, 1841. Grace of 9th instant ; and, above, is copy of my cov find, annexed, a duplicate of my letter to you pond cnce w ith the local au- thorities since. To complete Ui the case which I presumed might.bo laid be- 08 fore the Cabinet Council, I now accompany this with printed copies of an Addresg to Her Majesty, October 13, 1837-.correspondencewith Sir Fran- cis Head, Sir George Arthur, Lord Durham, and His Excellency.C. Taulett Thompson, &c., — all whi.-h I submit to the most critical oxammation, to- o-other ^viliL my communications from New York, 1835, addrcssoel to His Majesty and your Grace. — Ail will be found consistent, and breathing the .same spirit ; and all has been printed to bear me out in the mighty cause to which 1 have been spell-bound upwards of forty years. . It will gratify me to have acknowledgement of the receipt of these docu- ments ; aiid, at a future time, I shall refer to them. With the utmost respect, your Grace's obed't serv't, ROB. F. GOURLAY. The Biikc of Wellington. ]\Tq 3_ Quebec, November 4, 1841. My Lord: My letters to your Grace, dated Kiii'iston, October 9 and 26, 1841, with docuihents annexed, made out a case which I thought ^-worthy of being submiUcd to the Cabinet Council.'^ Permit me now to oiler a duplicate of all the Reports on my case, with correspondence up to this time ; and, to beg the favor of acknowledgement addressed to me at Kingston, Canada. I have the honor to be, with utmost respect, Your Grace's obed"t serv't, ROB. F. GOURLAY. The Duke of Wellington. No 4_ Kingston, December 4, 1841. My Lonn : Had the Governor General landed at Quebec, I should now have been crossing the Atlantic to visit my family in Scotland, and to solicit an interview with vour Grace on the subject of Poor-law reform and Emi- gration. It has been ordered otherwise, and this letter regards solely those most dear to me — my children, from whom I have been separated twerity- four years, because of wrongs in Canada, strongly pictured cut in the Re- port of the Legislative Assembly and Speech of Doctor Dunlop, pasted on the margin. i. i * « I have been an invalid, with exception of short intervals, the last nve years ; and during the last three have not slept, — neither night nor day — a species of misery unparalleled. Thug circumstanced my daughters have made efforts for my support be- yond all praise ; and should your Grace peruse two letters of theirs', printed in the accompanying paper, entitled " The Banished Briton," you will have proof of their affection and piety. From my correspondence with Sir Richard Jackson, it may be seen that he ordered payment to me of £50, expressing regret that the small sura voted for unforeseen contingencies admitted not of larger advance ; but it has occurred to me, that " losses sustained by the unwarrantable exercise of authority,^^ may be made good from other funds ; and, if so, part may be ad- vanced to my family, in Scotland. _ I throw out the hint for consideration of your Grace ; and, in so sacred a cause, accompany this with a Captain's Commission, dated 1799, — de- claring upon honor tliat I never, for a moment, to my knowlodiie, forfeited rirrhl tV) the Roval confidence therein expressed. — Further, I inclose in the commission a' Note written by a hand which your Grace may possibly recognize, — a Note, which, being wilhout signature, and naming no one alive concerned, may tlius bo submitted j aiul which will sliow that my 99 wrongs did not originate in Canada ;-thut they had a source whence viru- Ipnro could be diUused in (luarters beyond my reach * i . i Let me be' that the Commission f and Nole. alter per..sal, may be put under cover addressed to Miss Gourlay, Seaiield, Knighorn, lute. Most faithfully and vespccttuUy Your Graces obud. serv. .^...,T»^r ROB. F. GOUllLAY. The Duke of Wellington. ^^ ^ Kingston, Canada, February 21, 1842. Mr' Gourlay presents his most respectful compliments totlie Duke of Wid- lin^ton bee? that his Grace will lumor the subjoined extracts with perusal , and, submit the same to the Cabniet Council. (The extracts were those printed above, jjagesii, 44, 4j, ana 4o.) ,T p Kingston. Canada, March 19, 1842. Mv Lord: Tliis is accompanied with duplicate of "Y^^^f commum^^^^ "SS ^S^u4 - "n^.r/.-W wUk property the ^^'^Z ^oJZt laws and rates may be dispensed with in twenty years t^'/i ?e^J ,""' °' ^/.^ ,, may be paid off iitkin fifty years from sales <^ ^'^^^^^\^,^'\^ "■^ithall now only .ay Ihat T have over been able, a„d Mill am .villing, to oivo a rational accouiil of what has been ailvanced. , HaTin" ifci^iv.-a no ar-kno»lcdscment of the receipt of ray Ittter to jour iia\iii^ itLt iviii ciln not a'l'ain cause lurluer Grace, dated Quebec, November 24 1841 1 slial ^^(}^f" , . , trouble in the same quarter, beyond luriushin- a duplicate of this lettt^r. Keinaininu-, with hii;h respect, Your Grace-s obedient ^^evvaiit,^^^ ^ GOURLAY. The Dvke of Wellington. * NoTB, aM-esscd to Mr. an,l, Mrs. 'Gourlay ISIO hy a Lady with whom the Bale of Wdlivgtonv-nsintiinatehjarquniiitcd. willi deepest interest, tlie eloquent - My" peak FRlE^'ns : Believe me ^^'f,l'^f;7flf^^^^ of Wiltshire, statement of your wrongs, (my piMnteJ ■^•l^l''^f^. ' ^^'^ ,;f t^'^I^Let f pnxlncea upon the March 12, islO,) and 1 an. not 'Vj'! ;:,-;;['"''i^^j^%J^ ^^.^^'i^.u L conduot'of your minds of those to whom it was a< >ed iloxy cxai on commencem.mt ; as vnhle Landlord '.-prodncn. such a world « • ' ,o' ''^ ^ ^ ,;u,,.;iy unaccountable to if he had determined on meanness for '";:^' '''^^^^^f ';';;,,j,,, '' Vlie cud. sought for m rational and honorc.blc minds are the motives oi bucli couauci its unrsnit. , ^ . • ,„ t>i iiiia fcnntrv vnu seem doom- l\vish von would think more seriously of Amei o^^ (n,J.^;'X has" lately been there ; ed to discomfort. I am nUimately ^''r;'l'''""'^.;\ ^''' .t^^.^V 'o i mtht d.n-ivc the most am- and who is in habits ol Iriendship witli >'»= . All ucmcrcu 100 No. 7. Boston, North America, April 27, 1843. My Lord : This is accompanied with a printed copy of correspondence with your Grace, 1835. It is now more worthy of perusal, as the course of events demonstrates the truth of my assertions at that crisis in Canadian affairs. This correspondence was printed at New York, as soon as known that your Ministry was at an end; a;2ain, at Cleveland, Ohio, 1836 — having added to it my correspondence with Sir F. B. Head ; and, it is a third time printed here, with a continuation addressed to Sir George Arthur, Lord Dur- ham, and Thompson, afterwards Lord Sydenham. Should the printini; be finished before the Steamship sails, the whole 32 pages shall be transmitted to yoru' Grace. At this moment it is more than ever important — more worthy of grave consideration ; for, the present set- tlement of affairs in Canada, is by no means complete; nor calculated for tranquillity. Indeed, more than two years ago, I wrote to your Grace, that Lord John Russell's plan of government was '*• altogether wrong?' Eight pages which follow what is submitted to your Grace, are put under cover for Sir F. B. Head, as these are filled with my letters to him, &c. And the next following, chieny filled with letters to Sir George Arthur, Lord Dur- ham, &c., are put under cover for Lord Stanley ; and, it would be well, could your Grace find leisure, on receipt of this, to see these gentlemen, so that all may be read in connection. Now is the time to do the needful, — confederate the North American Pro- vinces, and form them into a Vice-Royalty. By such a measure, the old Tories — really harshly treated at present, — may be conciliated ; the French, and all who, from expediency, are now in fa- vour and in office, may be held fast; and, infinite good secured to all. These are the opiruons of one who never was connected with any party ; andj seeking no favour, is dependent on no man, — no Government. Most respectfiUly, Your Grace's very humble servant, ROB. F. GOURLAY. The Duke of Wellington. N. B. — Two lines, acknowledging receipt of this, will oblige: — ad- dressed to Providence, Rhode Island. R. F. G. No. 8. Downing Street, May 17, '43. Sir: I have been directed by Lord Stanley to acknowledge the receipt of your letter of the 23d ult., with the enclosure, And have the honor to be. Sir, your obed't servant, R. F. Gourlay, Esq. W. WILBRAHAM, P. Sec. No. 9. Boston, June 1, 1843. My Lord : The British nation ratified Brougham's eulogy ; * and, assured- ly, the name of Wellington will go down to posterity, preceding that of Alexander, and Carsar, and Marlborough, and Napoleon. — But, we may hope still more, — that ouus will not only be the greatest of Conquerors, but I say will, for, with God's help, it is now in irk, I addressed a letter the greatest of Peace-makers, your power. This day, eight years, at New your * Lord Brougham's speech at llie s'roat dinner given to the Duke of Wellington by the Cinque Forts — some four or iive years ago. 101 and, same day, had it, with others, printed. They have been reprinted again and again ; and still I am proud of these letters. No action followed ; but still they may be available for rellection, and copies have been iurnish- ed to your Grace. .,, Had my su-Trrestions of 1835 been acted on, how difterent would have been results to^Canada and Britain!— how much disgrace and misery and peril, would have been avoided ! — how much comfort and glory secured ! — Yet all, as it has been ordered by God, may result in good. This paper (Printed Circular of the General Peace Convention) was handed to me yesterday. Of its authors, I know little. The "General Pevce Convention,"' sounds pleasant to my ear ; and, should it engage a favorable notice from the Duke of Wellington, the most desirable ot all ob- jects may be attained. The crisis is auspicious. All good men seem de- sirous of peace and good will on earth. Oh, then, step on the platiorm of this '' Convention " 22d instant ; and let the world be delighted. Your Grace's very humble servant, HOB. F. GOUilLAY. The Duke of Wellington. No. 10. Copy of letter to Sir John Camphell, Attorney General, despatched to the Duke of Wellington and Lord Stanley, My 31, 1843. Indiana, Upper Canada, February 6, 1841. Dear Campbell : I am to communicate to you my early and once inti- mate friend, the history of the annexed Petition which was written without the slightest thought of having it, or anything of the kind, presented to 1 ar- '""one moming in London 1822, seeing in a newspaper the heads of a Bill then before the House of Commons regarding Canada, I mstantly resolved to have a conversation on the subject with IVlr. Brougham. ,^11 ^„ He then had in possession a Petition of mine whereon depended all my hopes in life; and, the prayer of which, he had pledged himself m the Btrongest manner to advocate. . -, , ■ ^-u n v,o.io -Rni T To prepare myself the better for speaking with him on the Cana a Bm 1 scrolled L what you see amiexed, and run olF to Hdl street, where he then resided. Just as I knocked at his door he himself came «^t- , J/"^^^^^^^^ errand; and, as he was then going from home, ^^^^'^^ f ^^^^^^X^Th'/ for conversation -handing him the scroll for perusal beforehand, that he, too, might be prepared for discussion. ^npnk- We then walked together and parted m Piccaddly --all the way speak ing of my proper Petition which, every day, expected ^e wo Id p e.uit and he, on thi's occasion, asked mo particularly if I ^vould w sh a ^^^at m der the cralierv that I mi"ht better hear him speaking in my behalt. l^rom that ty,tow e'Che a"^^^^^^^^ inYLct, betrayed me in the cruellest manner. My P^^^P" ^^"^ ^I'^^^^l^lP ^^ sented' soon after by -a Member,- «^^b selentio • and, tia^^ge to say^ looking to the VOTES and proceedings, I found the scroll punted, as a i-e """"Dt^^c!^^ yet be examined, and they will exhibit a striking conlrLtT-the on J neatly engrossed by a Law Stationer: the other, pal- ^'l merely bid you witness these facts ; and, at a future period, we may reflect on conseciuences to Canada, and m^e Sincerely yours, „^ ,,, ROB. F. GOURLAY. » Sir John Campbell, Attorney General. 102 To the Honorable the Commons, ifc. The Petltioii of Robeut Gourlay :* , Humbly Showeth, That your Petitioner has had three petitions presented to your Honorable House, prayiiii? for inquiry into the state of Upper Canada : — That these petitions were received and ordered to be printed, 11th July, 1820 — 27th July, 1821, and 27th February, 1822: — That your Petitioner having now perused a Bill pending in your Honorable House to make more effectual provision for the government of the provinces of Lower and Upper Canada, to regulate the trade thereof, and for other purposes rclatins thereto, is more than ever convinced of the necessity of full and fair inquiry, not only into the state of Upper Canada, but that of the whole of British North Amer- ica. That, instead of this Bill, which has originated in a triHing dispute, which has been got up without the general knowledge and concurrence oi the Colonists, and which proceeds on narrow views, neither calculated to be effectual nor permanent in their operation, your Petitioner would propose that a commission of inquiry be substituted : that, ten men of business and talent be appointed, to proceed without delay to British North America : two to Newfoundland, two to Nova Scotia, two to New Brunswick, two to Lower Canada, and two to Upper Canada : — That, they shall have full powers to inquire into the state of public atfairs, and to ascertain by what means the North Ame-kan Provinces may be rendered most profitable to the Mother Country ; and at the same time most secure and prosperous within them- selves : — That, having spent a month together in each of the provinces re- spectively, one of each two of these commissioners shall repair to Quebec for general consultation and correspondence : — That, the Proviricial Parliaments be forthwith summoned to meet and give aid to these commissioners. That, instead of the present Constitutions, the Provinces shall each be governed, as to local matters, by an Assembly and Lieutenant-Governor in Council, and that those now acting in such, shall continue to act for the time being : — That, legislative councillors shall form a general council or congress to meet at Quebec for the management of all alfairs concerning the common interests of the provinces and arbitrement of others : the Govemor-m-Chief to preside : — That, as legislative councillors die out, others shall be chosen to supply their place by the people of the Provinces respectively to which they belonir, those only having a right to vote at the election of such legis- lative councillors as are now qualified to sit in Assembly : — That, one legis- lative councillor for each Province shall have liberty to come home to fJug-- ZflncZ and sit in the Imperial parliament, to speak but not to vote:— -That, the land reserved for a Protestant clergy, with other public lands, be put under the management of a land-board for judicious sale, the land-board to have head quarters in England, and branches in the provinces : — That, a supreme judicial court be held at Quebec, for the final decision of all ques- tions of law tried in the Provinces, and that the Governor-in-Chief shall have power to pardon all offences: — That, two able engineers being sent out to Canada to survey the river Saint Laurence, shall report generally, how, and by what means the navigation of that river may be improved : — That, duties levied at Quebec shall be wholly applied to that great national object : -- That, no duties whatever shall be imposed on goods passing across the boundary between British America and the Uiiited States : — That, it be taken into consideration how the British army may be with greatest safety supplanted in its present posts, throughout British North America, by natives and others, not chargeable to the Home Government, and how the individuals in that aimy may be best prnvicled lor: — That, at the end ot fifteen years, the people of the Provinces shall be at liberty to hold a con- vention for aUering and amending the constitution. It is supposed that * Presented by "a membee;' ami ordered to be printed, July ISth, 1S22. 103 commissioners and surveyors may be at their posts and doing duty by the ttrstday of Octobor, 1822; that the Provincial Parliament may be met by the be-nnnins of November; and that the al)ove, and all other matters and tWnvsrmay be chdy accomplislied and considered by the first of Dec-ember : solhai a fidl and satisfactory report of the ^vhole may be laid before the Imperial Pailiament by February, 1823. n ♦„!.« Your Petitioner now humldy intreats that your Honorable House will take these proposals mto serious consideration, ^ ^ And he wdl ever pray, ROBERT GOURLAY. jsjq 11 Sahatoga Springs, August 14, 1843. Mv Lord • Having despatched packets from Boston per last Steam Ship, for your Grace and Lord Stanley, I now write to keep in mind certain mat- ters not important to me only, but the British Empire. _ In 1817 and 1818, perceivini,' the vast vforth of Colonial land*, 1 set tUis forth in a letter to your friend Sir H. Torrens, hoping to engage the attention of Lord Bathurst; and advised the people of Upper Canada to press the subject of enquiry, which led to persecution yet unsatiated. t^„„ -^i In the years 1820-21 and 22, I had Petitions presented to the Imperial Parliament for the same ; but nothing ensued ; and, during five years more, other petitions were presented and printed, only for f^er reterence ^ By and bye. Government came alive to the consideration of Colonization but no clear light was obtained ; no sound principle adopted ; and, no great ^"■Ja leSt your Grace I freely expressed opinions; and these letters have been thrice printed to maintain the same. „„„„;,.„ I rebellion in Canada, -disgraceful to all parties,--at last caused enquiy to be made; yet, nothing stable and efficient has been settled. Goy^yfi" ment, indeed, has done nothing for nearly two years, and seems to dread callinc: the Parliament together. . , „ , r +„ „f -RrUiaTi Let Commissioners be sent out to meet with aH the P^'^^J.^^^^^^J^^ ^™ North America: let liberal principles be acted on: sound measures intio- dnred and vi"-orously carried oiil : — then, all may go well. II s is what I hilled to Mr. Brougham' 1822, as stated {n the copy of my letter to Sir John Campbell, furnished to your Grace and Lord Stanley m my last packet. ^^^^ ^^^^^ .espectially your ^^^^fl^^'^^lj^Y. Tlie Duke of Wellington. Refer back to page 94 — Neptunian No, 10. Mr. Gourlay presents his compliments to Colonel Johnson. - Seeing Colonel J _m Boston Mr. G thinks right to enclose for his perusal a circumstantial -^ ountoft e death of Tecumseh,-that, if anytlung therein appears incorrocl to Colonel Johnso^^^ he may have opportunity of making remarlcs. which Mr. Gourlay will do equal justice to, as to the account given by Captain William Caldwell. Marlboro' Hotel, October 13, 1S43. 104 No. 12. Marlboro' Hotei-, Boston, September 18, 184.3. Sir: Leaving Montreal for the United States, November 11, 1842, I put into the Post-office a letter, under cover addressee] to His Excellency Sir Charles Bagut, Governor General, Ifc, Ifc, Sfc, Kingston. I shall annex a copy of the letter, and beg to be informed if tlie original is in your Excellency's possession, as Governor General. I have the honor to bo Your obedient, humble servant, ROB. F. GOURLAY. Sir Charles Metcalfe. No. 13. Gov't House, September 29th, 1843. Sir: In answer to your letter of the 18th inst., I am directed by the Gov- ernor General to inform you that no such communication aa 'hat to which you allude, has come into His Excellency's possession, I have the honor to be, Sir, Your obedient servant, JNO. HIGGINSON, P. S. Mr. Robert F. Gourlay, Boston, U. S. To the Honorable the Legislative Council (Assembly) of Canada : The Memorial of Robert Fleming Gourlay : Humbly Sheweth: — That your Memorialist had Memorials and Petitions presented to the Legislatures of Upper Canada and Canada, in the years 1836, 1838, 1841, and 1842. That, he was wholly neglected by the Commons House of Asscn^bly of Upper Canada, the first of these years : greatly wronged by the same House, the second of these years : that, he was fully satisfied with the award of the Legislative Assembly of Canada, the third of these years ; and, cruelly dis- appointed with the result of his last application. That, to escape the rigour of winter in Canada, your Memorialist came to the seaboard, and has here resided eleven months, anxiously awaiting the meeting of the Parliament of Canada, in order that he may yet have a chance of justice — the giand object of all his prayers to the Legislatures of Upper Canada, and Canada. That, he now sees from newspapers, that Parliament is in session ; and would, without loss of time, proceed to Canada, were he assured of obtain- ing a personal hearing at the bar of your Honorable Council, (House,) which he deems essential to the undoing of very great mistakes and prejudices, which, hitherto, have proved subversive of hope. He now, therefore, entreats that your Honorable Council (House) will ex- press willing-ness that he may have that privilege, on appearing^jn Kingston, and that he may be informed of the same, where he now resides ; viz. : in Marlboro^ Hold, Boston, United States. And, he will ever pra\'. ROB. F. GOURLAY. October 1, 1843. THF. HMPTIUHIIANc No. 12. ^ 'lis twenty-Jive years since. EXTRACTS FROM AMERICAN NEWSPAPERS. (Extracted from New England Palladinm, May 5, and copied into Boston Pat- ^ riot, May G, 1818.) A political reformer, a» he considers himself, of the name of Gourlay, from Enirland, has been for some time busy in Upper Canada, in stirrmg up the people to a sense of thoir wretched condition, and to induce them to insist on a reform — and there is already considerable fermentation. The Legisla- ture has lately been adjourned, in conseiinence of a dillerence with the J^.x- ecutive Authority. But Gourlay says nothing is to be expected trom a new Governor, or a new representation, the fault being in the system. He then boldly proposes the calling of a PROVINCIAL CONGRESS the appoint- ment of Commissioners to state their wishes and views to England, and the payment of a voluntary tax of one dollar, to defray expenses, lie appoints a day for the people to meet and choose their Delegates. His own proceed- ings and writings in the newspapers prove there is some hberty in Upper Canada. {From the National Intelligencer.) TO THE EDITORS. As Mr. Robert Gourlay appears to be acting a pretty conspicuous part in Upper Canada, an outline of that gentleman's life may not be unacceptable *° ffGrntrlay was born in Fifeshire, his father a very respectable farmer* of a yeomanry who have lony and still do consider themselves of the highest and most erainent -lade in Scotland. He was at one time worth upwards of £30,000 sterling;*- but the sudden lowering ot landed property, and haviuT entanded himself in securitvships, ruin followed. His son, trom his youth! posses^sed a bold and indepen.lent mind, so much so as to have be- come somewhat obnoxious in Fifeshire, for what was termed, there, his republican principles.* r . .t. i c„^*iov.,l onH Mr R G. has made a pretty extensive tour on foot through Scotland, and publi;hed a treatise on statistiVs and agriculture, somewhat =^*ter the mann^^^^ of Mr Arthur Young.* Some few years since, Mr. G removed to Wiltsn re °n Enoland, where he was pressed by the Duke of Somerset to take the lease of one of his farms at a rental of £600 sterling. Fmdmg tha country dreadfully overburdened with poor rates, and a great proportion ot its inhab- itants as he reniarked) in a state of pauperism, ho pnbhshed a sones of pampHets on the snb ect. suggesthm a mode of bettermg their situation. E^ ee st^le of his writings, and the severity of his strictures, and h.s un- bend n' disposition to the" Duke, who is a weak man mvolved him in a lawS with his Grace, who now refused to grant the lease, which he had 14 lOG by letter engaj^ed to do when Mr. G. came up from Scotland. The latter paiiK'.l his cause before a judge at Salisbury; the Duko threw it into the High Court of Chancery; tlio conse(jueuce has been, that, by dehiy, and tlie enormous expenses attendant on that court, CJourlay, with perfect right and justice on his side, has been nearly ruined. It was believed that his Grace of Somerset acted under the influence of the Duchess, who is saiil to be a very high-tempered dame. Mr. G. belonged to the Batli Society, of which he was considi^red u very useful and intelliirent member; but by the inlhi- ence of his Grace, his name was struck oif the list. Wlien at Bath, the spring before last, IMr. G. called on me to procure in- formation respecting the western States of the Union, liaviug it in contem- plation to accompany his friend, Mr. Birbeck, to this country. Mr. B. has published a pedestrian tour through France, and one from James rivor to the westward, both of which have been much read in Kndand — he now resides in Indiana, (Illinois) State. (Drowned in the Little Walnish, 1824.) Mr. G. declared to me, indignantly, that he must abandon his native country, where titled wealth trampled down his anil his family's rights. His object then was to visit the western States, and select a future residence in a State where slavery did not exist. lie mentioned he should take Upper Canada first, to vi.''it his connection. Colonel Clark, of Niagara, who com- manded a regiment on that side last war, and whose mills were burnt during that contest. Other viewB, however, appear to have arrested Mr. Gourlay's projected tour.* I shall conclude this sketch by adding, that Robert Gourlay is a man well calculated for the object he has undertaken He holds a ready pen ; he ■writes in a style of considerable force and pungency : he possesses a mind of energy and execution, and a body capable to endure much fatigue. Al- though bold and decisive in his political opinions, he acts from real princi- ple : there is not a particle of designing mischief lurking about him : in conversation he possesses a frank and honest zeal, the true basis of popular oratory, with pleasing off-hand manners ; and he is one of three school- fellows who will do honor to Fifeshire ; — the two others are Dr. Chalmers, the present famous Presbyterian minister of Glasgow, and David Williie, Royal Academician, the no less famous painter of the day, in a style unique, and entirely his own. H.* Alexandria, June 15tb, 1818. (Extracted from Boston Patriot, June 25, 1818.) The Kingston papOi informs, that the fifteen towns in the District of Ni- agara have chosen Delegates, many of them magistrates, who have rnet, and appointed four of their number to represent the Di-strict in Provincial con- vention, at York, on the 6th July. The object of the provincial convention, which has been recommended by a political reformer of the name of Gour- * This was written by Alex. Henderson, long- a respectable merchant at Alexandria. When we met, he was on a visit to his mother and sister, of ( lliisixow, my excoUeiit friends. With the best intentions, his account is incorrect in some matters. I oliended a few of the Lairds with my free opinions, I'^O'^ ; but was not " olmoxioiis " in Fife, and the term ''republican'" was never used thcti, or there, — Mv father's estate was sold at two periods, viz.. 1S13, to the amount of ,£20.000; and, in 1^17, under irrcat disan, m any rotten borougli of England, during a general election ; and, that the con- stituents of Mr. Durand had done right in again returning him. as their rep- resentative, had it onlv been to mark their disapprobation of the absurd, mean, and tyrannicafdisposition of the assembly, on that occasion. Having done with my defence, I wished to call witnesses, who had ob- served rny conduct, and the eil'ect of reading the pamphlet, at all the meet- ings hekl in the District of Johnstowri. This, however, the Judge wemld not alk)w ; and, I am thus left without a remedy, of having it recorded, m a court of Justice, that T was a seditious person, and, that the publication of the pamphlet, in question, had "raised tumults and dill'used discontents and jeah)usies." The record will not, I trust, have the full eil'ect, for which it has been mainly intended, —that of palliating the offences, against the law and decency, of Messrs. Fraser and McDonell. — Tersonal prutcctiou is the * It is a lamentable fact, that, notwithstanding' my two trials for libel, and acrjuitlal on both occasions, tliis man's rancor could not rest without debatin- before the Assembly that mv address of 2d April was libel. Is it for such purposes thai Members of I aria- m.^nt arc chosen by tlie people ? Are they chosen, not only, to hbel the country, but to l)ring disgrace on courts of .Justice ' 112 first object of law, and wrongful imprisonment the most flagrant abuse of it. The reply was made by Mr. Henry Boalton, Solicitor General of Upper Canada, and on this occasion, acting Attorney General. The crowd, who witnessed this silly lad's conduct at Kingston, need only be told, that, here, it was but an excess of the same. At Kingston, he let out his spleen against the Convention of friends to enquiry, by saying that " they were as con- temptible at York, as they wero at home." He now condescended to anim- advert and run down individual characters ; and, because, in answer to the attempt of Mr. Jones, to stir up the feelings of the jury against those who would speak freely of the conduct of members of Assembly, by making it appear that they, the people of the country, were thereby degraded, 1 had said that many of the members of assembly were friends to our cause, and never put a bad construction on the publication now charged as libellous, — because, in proof of this, and of the respectability of our supporters, I had said that the chairman of our very first meeting was a member of Parlia- ment, and had honestly declared that he would always do what, at the time, seemed bt t for the interests of the country, — because I had said that the chairman of the Convention had been two years speaker of the Assembly, therefore, Mr. BouUon thought fit to run down and ridicule two as honest men as the Province holds in its bounds, — Mr. Secord, and Colonel Beas- ley, finishing with an eulogium in favor of his own family and connections, the conduct of whom he defied any one to impeach. It will be remember- ed by those who witnessed my trial at Kingston, that, provoked by his per- sonal abuse of myself, and, in the face of a vain panegyric on the virtues of official characters at York, I said, that I could impeach his own father, with neglcv t of duty, — no less than the non-prosecution of murder, while he was AtfoT-ney General ; and, I repeat, that a flagrant case of the kind exists, which would warrant such impeachment. It was a brother of this Mr. Boulton who first spread the report in the steam boat, in which I passed, last Noveuiber, from York to Niagara, that Doctor Strachan was raising opposi- tion to the success of my first address to the resident land owners of Upper Canada, and accusing me of presumption for having published that address ; and, I am now informed that it was this Mr. Boulton, Solicitor General of Upper Canada, and one of his brothers, who composed ihe disgraceful hand- bill, printed at York, and circulated there, on the second day of the meeting of the Convention, — a production which was indignantly refused a place in the Montreal Herald ; but wh'ch obtained one in the Upper Canada PhcEuix, — a production which will paint the character of its author in colors far more expressive than any language of mine can display. Let our new Governors look upon this production^ and it will prove the best mirror in which they can see the true characters of some now holding the first official situations in Upper Canada. (Boulton is now degraded, and the Lawyefs gown taken from his brother.) Gentlemen ! for nearly three months I have been harassed, and ah my plans deranged by arrests, and law prosecutions : — for nearly three months the chain of communicafion has been broken off" between my family and me. I am now hurrying to New York, to receive accounts of my private affairs, ' hich, in the expectation of going home, I ordered to be sent to me, there, six months ago. My first duty is due to my family. If that calls me to England, I must go: if" it admits of my return to Upper Canada. I shall immediately return. I am most anxious to return, for these times are big with the fate of this Province, and great changes must be made, or, a Prov- ince of Knsland, it cannot long remain. If I come back, I trust I shall now be free from, the illiberal attacks of Httle, ignorant men. Had I na been personally assailed, never should I have stooped to personality. It never could give me pleasure ; but without the use of it my writings never would have aroused the people of Upper Canada, while I was beaten down, on all sides, by open exposure. Let it be remembered, that, in this, I have only acted up to the motto of my country, " Nemo me immme Incessit.^' ^ ROBERT GOURLA\. I \i f ^ ^ \ff %. A ^pnRmNO ANIMAL ; ^nd this in^ is tiie best definiui. . of hpBL 'anerior uiimals conmunioate, by voice |ii^ \y sig- nal, AiML^si>ac^|^|||l^, through time, have no mvjdium of uSi^t^|||ce, generation to generation remain the same. They arei|pSerior Intelli- gence, whose ways are not as our way*;— who can guide us through darkness fajto light, and over rugged paths to tranquillity. It is nmurly twenty-nine years sinc'e I engaged in the service of la- borers. For this, I was maltreated at home : for this, I went to England and was persecuted there : this kindled my zeal m Canada ; and for this, I was banished : in the gloomiest stage of existence, this was ever in view ; and this made years of imprisonment pass swiftly away ; this has deprived me of all property, separated me from my children, and left me alone in the world ; but, my records give assurance, that every mis- fortune has been only a step towards good ; and, that up to the present moment, all is for the best. I believe, indeed, that no other train of events could have prepared me to assert, with growing confidence, what no other 'man has thought of or dared to do, that, " without altering a single statute, changing a singes institution, or interfering with property the whole system of the Poor laws and rates may be dispensed with in' twenty years, while the National debt may be paid oflf, within fifty ye^,.r; frmn sales of colonial lands." ROBT. GOl/RLAY. 2, Bridge Street, Leith, Nov. 26, 1829. if M i**ii % ^ '4 tf^i