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STATEMENT 
 
 OP 
 
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 OF 
 
 BARTHOLOMEW TIERNEY, 
 
 kATfi 
 
 GUAGER AT PORT St. JOHNS, 
 
 aLotorv::<!^nalrii^ 
 
 HESPECTFULLY ADDRESSED TO 
 
 THE FUBMC* 
 
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 I 
 
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 MONTREAX; 
 
 TRIKTSD AKO PUBLIlSHED FOR THE AUTHOl^^ 
 BY JAMES LANBr 
 
 1888. 
 
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 PREFATORY OBSERVATIONS. 
 
 f^af^^t^^^ 
 
 •jy/':' 
 
 
 To suppose that a relation of the affairs of a private 
 iiulividual can be at all interesting to the public, argues 
 such a high degree of presumplion and egotism, as no ^ 
 man of humble pretentions, or common sense, would 
 choose incurring. When, however, any thing of a na- 
 ture directly, or indirectly, affecting the public interest, 
 for instance, when a flagrant breach of justice, or an in- 
 fliction of severe oppression, has been endured by any 
 individual in society, when his conduct and character 
 have been misrepresented and malignantly assailed, and 
 when a substantial injury to his fame and prospects has 
 been the consequence, it is, as undoubtedly his right, as 
 it is obviously his duty, to place all that tends to explain 
 the one, or rescue tlie other, from unjust aspersion, in a 
 fair and proper point of view before that public: Urged 
 by these considerations, and no other, I respectfully in- 
 treat their attention to the following pages. 
 r The situation of an acting Custom House Officer, 
 whose salary is a mere trifle, who depends materially 
 upon his activity in enforcing the provisions of the reve- 
 nue laws for his absolute living, is, to a man of any feel- 
 ing, perhaps one of the most ungracious, if not miserjk- 
 ble, that can be well imagined. I accepted the office of 
 Guager at Port St. Johns, in a season of pecuniary diffi- 
 culties, when no. better means offered of subsisting ^ 
 young and increasing family, and entered upon the ^du- 
 ties of my employment in October, 1820, with a deter- 
 mination to discharge them, however unpleasant thej 
 might prove to be, with integrity and firmness. It was 
 impressed upon my attention when I received iny coqi^ 
 
 i 
 
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 is: 
 
 
 I 
 
 111 
 M 
 
 "%:■■ 
 
iv 
 
 I 
 
 I 
 
 mission in Quebec, tiiat smuggling, to an almost incredi- 
 ble extent, was carried on via St. Johns; that an active, 
 vigilant officer was required at that Port; and "energy 
 and exertion" were recommended to me, not only as my 
 principal dependence for an adequate income, but, the 
 basis on which would rest my chance for future promo- 
 tion in the department of the Customs. I became then, 
 when a short residence in St. Johns convinced me it was 
 called for by circumstances, a sort of innovator on the 
 relaxed system which hatl obtained there^ (or was ima- 
 gined to have obtained there as well as in * other places.) 
 Earning by it the hostility of many unreflecting, and 
 some despicable, characters. This, has subsequently 
 been made to prodtice to me all its inconveniences. At 
 this period, the detail of the official business was, from a 
 certain- cause, f under the almost exclusive management 
 of the then second Officer of the Customs. By the gene- 
 ral conversation of the place, I had been made aware 
 soon after my arrival, that my presence in St. Johns 
 would have been gladly dispensed with, as, I was not 
 the person to whom ^ it was expected the situation of 
 Guager would be givin; but I never did, or can, think 
 so meanly of a mind of undoubted honour, as to imagine 
 a latent dislike existed towards me on that account, or 
 that a feeling of the kind was ever allowetl to mingle in 
 
 * About the time I allude to, a meeting of some of the first 
 com-nerciHl characters in Canada, was convened by the honourable 
 John Richardson, whose luminous speech on the increase and evih 
 of smuggling, both in a national and moral point of view, will be 
 long remembered. 
 
 t Tbe encreasing infirmities of the late William Lindsay, E^q. — 
 This really upright and worthy man was more than once terought 
 upon by the misrepresentations and artifice of somebody about biro, 
 to h^lta^p with harahuess to me; acting on the impniae of the 
 moment, rather as it was willed he should act, than as I deserved ; 
 yet ou reflection, or a proper explanation from me, he never failed 
 doing me Justice, 1 rejoice in the opportuuily this publication 
 affords of testifying the high veneration in which I h*ld his memory 
 . and character. , . ^ ' . 
 
 
 '.<i-^ 
 
 ^ 
 
 
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 iHJ^ -^ 
 
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 H<it)seqii€nt transactions, by the individual supposed t6 , 
 harbour it. — In tlie openness of my disposition, / did ^i 
 ■^iwnfion to some persons (who, no doubt, bruited it a- ^ 
 broad,) that future promotion in the department, com- y 
 mensurate to my exertions and good conduct, had, in a 
 manner, been protnised to me. Now wliether arising from ^^ 
 this misplaced confidence of mine reaching an interested ^ \ \ 
 
 ^ ^ 
 
 m 
 
 1 1 
 
 and adverse quarter, whether from that unmerited, and 
 consequently unaccountable, dislike shewn towards me ^ ijj 
 from the very beginning, or whether as a means of e- ^x Jt 
 yincing his apparent devotion to the interest of certain^ J ^^ 
 )^ parties, (paving the way thereby, to that complete do-, ^ ^ 
 mination over the concerns of the department, i:equisit6 . ,*^ 
 ^ the perfection of his own ultimate views); I may just-. >>[ 
 ]y date, on the part of the above mentioned then second ,J > 
 Officer of the Customs, a settled and determinate plan ta x ^ 
 render my situation, by ungentlemanly usage and little > ^ 
 meanharrassings, so uncomfortable, that I must resign ^>^ ., 
 it in disgust, or so unproductive, as to be scarcely worth ^ ^ j j i 
 holding. — Convinced of its existence, I refused upward* >5 i 
 of two years ago, the appointment of junior Landwaiter, ^ ^ 
 which his Excellency the Governor was then pleased to ^n^ 
 permit me to. hold in addition to that of Guager, solely, h J 
 to preserve my Jirst situation^ and my respectability, a& "^ 
 the duties of the extra office, would have brought me in- ^ ^ 
 to closer contact with a man, I saw determined to op- ^*^T 
 press, de^^rade, and insult me, on all occasions. Any ^x 
 person acquainted with public bHsiness, will readily com- j? Vi [ j 
 prehend that, whenever a good miderstanding does not « ly j 
 subsist between the head, or^ acting head, of a depart- ^ Ix . 
 ment, and any officer %r person under his controul, no-r y v J j ; 
 thing is more easy to the superior, than to create situa- ,y 5 ! 
 tions to invite disagreement, in which the adverse party « ^ 
 may, upon the face of a formal official report, become res-r f ,> 
 ponsible for much more blame and censure than could .j^ 
 possibly attach to him, if the secret motives, and (if I may" ^ 
 
VI 
 
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 ( 
 
 be allowed the use of nn tjiphor,) wheel within whcd- 
 niaciiinery, moved /;/ *i('ttin^ vp that report^ were tlosily 
 investip^ated and bron^ijht to view. Sneh invejiti^ition, 
 liowever, can never be exju'cled, lor, tVoni ihe e.s:;il)lish- 
 cd, and generally speaking, wise principle, upon which 
 nil })ul)lic business is conducted; the injorrnnoit of de- 
 fcrcniial respect and obedience to all snpe) icn in office ; 
 it is considered relatively injurious to the public service 
 to establish any j)recedent (or the rece])tion of coni])laints 
 agains: such persons, unless they appear to be of a cha- 
 racter so definite, and so strongly su})ported by proofs, 
 as to call for, and justify, tiie measure. The difficulty of 
 obtaining tliese, especially in cases where they must be 
 drawn reluctantly, if at alt, from persons to whom pre- 
 sent interest and future well-doing, j)rescribe the neces- 
 sity of observing the strictest neutrality, (if indeed so 
 placed they have virtue enough to avoid becoming the 
 warm and zealous partisans of the stronger party,) is too 
 obvious to need further comment. To this may be add- 
 ed, particularly in mine, the almost impossibility of re- 
 calling circumstances, unwisely suffered at the time they 
 occurred, to lapse into oblivion, by omitting to secure 
 testimony, to the memory of persons who stand on a per- 
 fectly independent ground between both parties. With 
 the above real disadvantages to contend with, I shall ne- 
 vertheless, by the production of genuine documents, hope 
 to prove a case of extreme hardship; r.nd have. therefore 
 endeavoured to place, as clearly as possible, before the 
 reader's view, the position in which I stood with regard 
 to the good or ill will of my superiors in office, during 
 the whole period of my service in St. Johns, as well as 
 at those particular times to which my statement will re- 
 fer. I trust I shall not be considered too intrusive on 
 
 his patience. 
 
 BARTHOLOMEW TIERNEY. 
 
 «T. JoiTNS, \Ath November, 1823. 
 
Ilairticularioi 
 
 inspecting the S/'hitrr of the Steam-Boat Phcenix, at 
 St. Johns, 2Gth August, 1822, 
 
 By BARTH. TIERNEY, Guagcr. 
 
 I 
 
 l»>9«<!( 
 
 I HAD, in my capacity of Custom- House Officer, fc-! 
 ceived, on several occasions, information, that the Steam- 
 Boats Congress and Phoenix were the vehicles of an ex- 
 tensive contraband trade. I made several seizures on 
 board the Congress. On the 16th September, 1821, 
 May 5th, and 15th, 1822, I also made seizures on board 
 the Plujcnix. At the above dates, I did not know, nor 
 did my " colleagues" in office * ever inform me that I 
 had a right to seize any vessel, or craft, in which I might 
 fmd contraband property. Some friends of mine, better 
 informed respecting the existing revenue laws, than I 
 was, advisetl me of such right; and conceiving it to be 
 my duty, I determined on any future occasion, to carry 
 such laws into effect. With this view, I warned the res- 
 pective commanders of those vessels of my intention in 
 due time. On Wednesday, 21st August, 1822, I re- 
 
 * Yet, the Collector of the Ciietorns, might, had he pleased, have 
 informed me of every point of law, from seizure to sharing of 
 proceeds in 8uch case. Having himself (some years ago, while 
 holding a different situation in the Custom House than he now 
 holds.) seized a sloop laden with a valuable cargo of tobacco. There 
 is, however, this striking dilference between his st^izure of the sloop 
 and mine of the Phoenix. The former belonged to one or two 
 struggling individuals, the latter to a numerous and opulent com- 
 pany, allowed to ply their vt^ssels on the waters of his Britannic 
 Majesty's territory, on ihe faith of observing the laws of trade.— 
 Of course, the injury done by me to the afores^aid company, was, 
 of all others, the most appropriate theme fo; Ihe severity of Jiia 
 censure, and the eloc^uence of h\s cpQQpaiiiseri^U.pp {qv ike unfqjrtUj^ 
 ate sufferers* ' , r'i 
 
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 ceivcd information that two bags of sewinff silk« wcr« 
 secreted in the interior of the ITiccnix. I directly pro- 
 ceeded on board in seavcli of the jiroperty; went into 
 a low, dark, wet passage, apparently rtnining under the 
 entire range of cabins, and communicating (as my infor- 
 mation stated,) by concealed trap-doors, with the Engi- 
 neer's room, fore-castle, &c. &c. By tlie light emitted 
 from a raised trnp-door, at its cxtreniity, 1 saw a man, 
 dragging along Imgs, such as dcscribe(l to me: I think 
 J mtgkt nave overtaken him, had I been vi'ty anxious to 
 dp so. I returned on deck, descended to the fore-ca- 
 bin, discovered a trap-door, around which were wet foot 
 marks — this I pointed out to Captain l^herman, as being 
 the place from whence the man I had been pursuing had 
 evidently emerged. Captain S. declared he was igno- 
 rant of, or at icas.t did not recollect, such trap was in 
 that cabin. In reply to a question of his, I said the man 
 in whose custody the bags of silk were, was Wilson, his 
 fHlot; advised him to make enquiry, * and dismiss this 
 man from the Boat, as his practices endangered the 
 Company's property; my information pointing him out 
 as the person who regularly took charge of smuggled goods, 
 I then warned Captain Sherman, that should I find on 
 any future s,earch illegal articles on board, I should feel 
 it my bounden duty to 5^12:^ the Phoenix, Four days af- 
 ter this occurrence, viz: on Sunday, 25th August, I again 
 received information of ten bales of valuable crapes and 
 silks being secreted in the Phcenix. I went on board 
 that evening, accompanied by Robert Davies, district 
 Bailiffj descended to the Engineer and Cook's rooms, 
 making therein a ?:trict search. A door under the stair- 
 case attracting my notice, I demanded the key, and then 
 
 i 
 
 * L«t 08 aBsnnif u fact, merely for argument sake, that Captain 
 S. did makti enquiry; summoned togplber the whole crew and 
 servantB of the Phoenix ; and, in addition to a general caution^ made 
 a public example by dismitaing W-lson^ and privately appoiot<^ 
 ing aome confidential person to watch over and report the conduct 
 of others, (this was precisely the line of duty it behooved hini to 
 adhere to, for the future security of bis own and his employer** 
 
 Srope tyO or admitting Wilson,' on a promise of future obedience, 
 ad been pardoned, how is it possible only four days after such 
 public f xample o caution, ten bales (tf silk^ (pretty considerable 
 in hulk.) epuld be introduced without observation on board at 
 White Hail? Did no person feel it his duty to let Captain Sber. 
 noan know of it, or was it likely the tyu of ^u^ck;:, resting oi^ 
 Wilson had not preveated it ? » ■■-,,-_'- 
 
$fnt up for Captain Hhrman, Tlic Rtinexcd clrposlt^o^ 
 f)t' lloi)crt Duvies will sliew, thut 1 wuitcd patiently, wlui4B 
 by Captftin S s. orders, cnqiiirywtts mnkin^rfor the key. 
 It became at leiiffth necessary to break open the door. 
 In the recess 1 lound and seized the aforesaid ten bnlen 
 of crapes and silks. I requested the use of Captain 8's« 
 boat to convey them a very short distance, nanielV) that 
 part of the shore opposite to tiie Custom House, fearing 
 from the looks pf the crew, with my knowledge of the 
 persons usually loiterinj^ about the wharf» that a rescue 
 of the goods might be attempted, I landed and delivered 
 them into the hands of the Collector.* 
 
 At an eariy hour next morning, I waited on him foe 
 aid to secure the Phoenix ; as he was not tlw?n in the way^ 
 I entered the Custom I^Iouse, provided myself with ma- 
 terials, went on board and branded the Phoenix with the- 
 King's mark in due form. At this time, the Collector^ 
 who had followed me down, strenuously dissuaded me 
 from aifixing the King's mark; not, as 1 could under-' 
 stand from aiiy r.iotives of public expediency, but per- 
 sonal friendship towards Captain Sherman ond the pro- 
 prietors. Both before, and after, the branding of the 
 vessel. Captain Sherman besought me to name any sum 
 or recompense ,/?/r my$elf\ And afterwards, both the 
 Collector and Comptroller separately advised me to 
 ** make the matter up" with Captain S. and let the Boat 
 proceed, f I told these gentlemen, respectively, I would 
 not comply, remit the seizure, or in any manner com-, 
 promise, without authority, the rights of the King and 
 Governor in Chief; adding, that the whole affair w^s 
 then in the hands of the Executive. 
 
 Soon t^ter, the Collector, sent me by the Comptrolleiy 
 a letter to the Commanding Officer, (Lieutenant Colt- 
 man, 60th regiment, y for tisio soldiers; I presented it at 
 tliat gentleman's quarters, received the men, and placed 
 
 "^ By bis desire, I gave biro pay assistance in depositing tbe goodp 
 in bia own bed cbamber; a pritof he ooriFidered even the Ciistoni 
 House an unsafe place, and tbat very fear, a siimuloua one would 
 imagine to his exertions the ensuing day 1o sfc^re the Boat, if 
 violencf was appre^ei^ded for detaining tb(( goods seized on bQard U|f 
 her. 
 
 t Had I agreed to this proposition, it baid been easy for either of 
 tbeno to rtport^mtf in form, as remitting a seizure for pecuniary 
 eompenaation. I know one of them too well U place suca a wea^ 
 poo of disgrace and destruction in hia Imnia I 
 
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 tliem in clmr^e of the Phoenix. Captain Sherman re*, 
 quested me to let him take liis trunks ashort^, as lie was 
 going to town to give bonds for the Boat; the Collector, 
 who was present, sai4 he had business in town and would 
 accompany Captain S. Although the seizing Officer, I 
 was not invited to go with them. About, pcrhnps, twen- 
 ty minutes, after these gentlemen had dei)arted for town, 
 and while I was em})loyed in the Custom House, by the 
 Collector's order, * news arrived to me, that the Steam 
 Boat was aboiit starting. The Comptroller, who was 
 present, heard my son (leliver this message. The Seni- 
 or Landwaiter, (who just then came in,) assured me he 
 had seen no apjicarance of the kind. On receiving a 
 second message, 1 left the Custom House, and despatched 
 the Bailiff Davics to the garrison for more soldiers, and 
 to give the alarm. The Commanding Officer said he 
 would " go down to the Custom House and give tl.e Offi- 
 cers there a "written order f for more men,'' While on 
 his way dov/n to town with the BiMliff for this purpose,, 
 the crew and servants of the Phoenix, rose upon, and 
 ^ disarmed the sentinels, and carried the vessel out of Port 
 St. Johns. 
 
 Whether the plantiiig of those sentinels was 7wy duty^ 
 or some other persons, I shall not say. By the absence 
 of the Collector, who is also a Magistrate, the town was 
 left without the civil power. I presume not to be a judge 
 in sueh matters, but it certainly occurred to me, that be- 
 fore his departure for Montreal with Captain Sherman, 
 it would have been no more than a measure of precau- 
 tion, had he conferred with the Commanding Officer, 
 called out the militia of the place (a few minutes had suf- 
 ^ced to collect a competent number,) to aid, if needfid, 
 
 m*» ■ ■■■■ I 
 
 * Duplicating some tobacco entries, thai might I presume have 
 been done at any other time. 
 
 t It was a thing well understood, that the soldiers were not to be 
 given to me withont tue Collector's special order. Now, strange 
 as it may seem, that the Commanding Officer should " come down" 
 from the garrison, where his inen were at hand, to give a written 
 order to '• send up for them ;" every moment made the exigence 
 more apparent to his own eyes, (the lioat slowly proceeding np the 
 river as he came down there.) I never did insinuate that the lesist 
 blame attached to him. A proper and st0,cient requisition shi>,ul4 
 iiave been mad. i'- the first instance. Nothiug could exr«ed the 
 iBpiritaud ardour of the soldiers. l.^wo were directly despatched on 
 fooi lo the Isie aux Naix, to report the outrage and have the Steam 
 Ppat detuined. « 
 
11 
 
 the fcxi\ but excellent soldiers of the 60th, tlien at the 
 
 {)ost; placed the Plurnix in a proper state of security, 
 )y mooring her, as could easily have been done, opposite 
 the garrison; putting out her engine fire, and placing 
 lier crew and servants under due restriction from vio- 
 lence or departure. As for nie, I received no conniiands 
 or instructions (after I had planted the sentries on the 
 Phcenix,) from the Collector, Comptroller, or any other 
 person, or assistance of any kind, further than what I 
 have above tiiil^ and minntclij stated; which statement, 
 I am ready to support in the most solemn manner. I 
 trust I have proved an account of this transaction pub- 
 lished in the Courant of 28th instant, and in some other 
 papers, to be an exceedingly incorrect one, So far from 
 "misleading Captain Sherman to the loss of his own^ 
 and the Company's property, by withholding from hiia 
 the name of the man whose crime is said to have effect- 
 ed such injury;" / did name to him^ (several days before 
 the seizure of the Phcenix,) Wilson, his Pilot, with a 
 suitable caution; in which caution the Collector of St. 
 Johns appeared very cordially to joiii me. 
 
 (Signed) BART. TIERNEY, 
 
 Guages' Port St. Johns. 
 August 3I«/, 1822. 
 
 The above " Statement," I drew up with the intention 
 of inserting it in the Montreal Gazette, to rebut certr;i 
 unfair representations of my conduct and motives, which 
 appeared in the public prints of that period. I shall, in 
 the course of matter in liiese pages, explain to the read- 
 er, why I did not do so; and shall subsequently refer to 
 it, and the following affidavit of Robert Davies, as docu-? 
 n\ents No. 1, and 2. 
 
 \h i. 
 
 111. 
 
 \ ' 
 
 t H'' 
 
 
 
 i>t- 
 
 m 
 
 I 
 
 I^DOCUMENT No. 2.] 
 
 Port St. Johns, Slst August, 182^. 
 
 *' I, Robert Davies, do declare on the Holy Evange-. 
 *' lists, that to my knowledge it has been customary with 
 *' Captain Sherman of the Phoenix Steam Boat, to tow 
 " down canoes laden with tea, tobacco, and other con- 
 " traband goods, (knowing those canoes to be so unlaw- 
 " fully laden,) for renumeration; and that the impression 
 ** on my mind from hi^ conduct and manner on Sunday* 
 ** 3oth instant, is, th 'le was not ignorant of the tei^ 
 
> 
 
 I 
 
 .12 
 
 ** bales of crape and silks being concealed in the Steaiii 
 ** Boat Phoenix. Further, as district Bailiff, I acconi- 
 " panied the Officer who seized the same, and was my- 
 ** self in the act of forcing the door, (after at least an 
 " hour's delay, while the key was seached for,) when 
 *« Captain Sherman took the chissel to complete the o*-. 
 <* pening I had partly effected. 
 
 (Signed) ^ ROBERT DA VIES. 
 
 ^ Bfliliif Kips't ^ench^"^ 
 ^^ Sworn before me, one of bis Majf»ty*8 
 
 «4 
 
 Sworn before me, one of bis Majf8iy*M^ 
 
 "Justipea of*4he Peace, tbe .3l»i Au-f 
 
 ^ giiBt. 1822, at L'Acadie. f 
 
 " Ls. DECOIGNE, N. P. J. P."3 
 
 <( 
 
 [endorsement.] 
 
 Having w;aited on Mr. Macrae, Magistrate and Col- 
 *< lector of 3t. Johns, on the 31st August, I requested' 
 *' him to re^d over and receive the above deposition; 
 *' he threw down the paper, refused to take it, or hear 
 ** any thing about Mr. I^erney's business.* I theft 
 ** weht to L*Acadie, and was sworn by Mr. Decoigne, 
 (Sigued) « ROBERT DAVIES, 
 
 On the departure of the Phccnix in the manner above 
 described, from St. Johns, an express f was sent after tlie 
 Collector and Captain Sherman, apprising^ tl>em of the 
 cl: cumstance. 
 
 The Collector, on his return to St. Johns, tJie follow- 
 ing Wednesday, informed me it was necessary I should 
 instantly proceed to town to take bonds for the Phoenix, 
 my reply was, that had I been required so to do in the 
 first instance, I should undoubtedly have gone there, but 
 as he, the Collector, had been two days in town without 
 effecting that business, as in that time new matter had 
 arisen, viz: the taking off and disarming the King's 
 tropps, and rescue of the vessel, J felt unwilling to act 
 without knowing what might be the pleijsure of the Go- 
 
 * The fact of the Collector refusing fp receive this man^s depoai* 
 tion, is sumewbat extraordinary. Was be a person undeserving of 
 credit upon bis oatb ? If so, why h^s tbe said Collector, in bis capa- 
 city of Commistiioner for small causes,^ do. ^c. received bis oallx 
 several timea since tben, as a good and lawful oatb ? Recognizing; 
 it as nnimpeacbable in tbe discbarge of bis duty as district Bailiff. 
 
 t Altbougb no borse would be bired io me to pursue tbe Boat, 
 pr WM provide^ for tU$ soldiers to reacb Isle aax Nois in time. 
 
 'J(HU clud- 
 
 1 
 
18 
 
 rvernor in Chief-Padding, that if his Excellency was n(A 
 yet informed of the affair, I should, as the seizing Officer^ 
 immediately report it. I then wrote to his Excellency 
 by post of the 28th August^ 1822. 
 
 The Collector, soon after this conversation, ^t off for 
 Sorel. 
 
 On the 30th August, I was under the painful neces- 
 sity ©f writing the following letter to his Excellency j ta 
 which 1 subjoin two letters in reply from Colonel Dar^ 
 Jing, then at SoreL ' 
 
 [Document No. 3 J 
 
 Port St. Johns, B6th August, 1822, 
 
 My Lord — I trust my letter of the 28th instant, has 
 reached your Excellence's hands, which I was under the 
 necessity of sending by post, as I could not prevail on 
 any person here to set off express.' The Collector's extras 
 ordinary conduct towards me this morning, who inform- 
 ed me he had had a personal communication with your 
 Excellency yesterday, is the subject of my present letter.r 
 
 I have borne from him patiently as I could for a lon^ 
 season, adverse behaviour, and since his appointment t(y 
 his present post, language and oppression of a mean' 
 covert nature, I am wholly unconscious of meriting, — 
 Being sent for by him this morning, he said your Excel- 
 lency had given him orders to turn me out of the office, 
 if I did not obey liim in evet-y thing; that it was your 
 Excellency's command I should give up to him the name 
 of the informer, by whose means! seized the Steam Boat; 
 it was necessary he should know to take proceedings.—' 
 This I did refuse giving to him, and repeated as on Mon- 
 day last, that untu I had your Excellency's written com- 
 mands, I felt myself not justified in interfering further 
 than I had done in the business. I had seized contra*? 
 band goods, and the Boat which conveyed them; it had 
 been afterwards rescued, without my being able to pre- 
 vent it, and, that all the rest lay with your Excellency. 
 I had promised not to betray the man, and would not to 
 liim or any one else. I am ashamed and sorry to relate 
 his reply: He called me " a rf- — d impudent blackguard!* 
 
 * My first impulse was to fell him to the groand ! bnt a sense of 
 my sitnation, (having a sword cane in my band and a pistol in 
 my pocket,) happily restrained me friini offering personal ylolencf* 
 
 
 1 ( 
 
 \r. 
 
 'II 
 
 ••'^■svf*^:mi^u*'m9imM'am<«¥.trvivtm^ 
 
! ■- 
 
 f 
 
 « 
 
 \ 
 
 u 
 
 Itfy Lord, humble individual as I am, langunffe of this 
 kind is new to m\) car^ and, as a man^ 1 cannot bear it. — 
 1 have conscientiously fill the post your goodness ji])- 
 pointed nie to. Have at this moment, a suflering wife 
 and family about me. The very exercise of my tkity has 
 made me enemies to the risk of my life ; I cannot say it 
 is sai'e, while I write. I pledged my word as a man ar.d 
 a christian, I would not betray the perst)n who gave in- 
 formation; I cannot break it, without his consent: He 
 is now beyond the American lines, and his dcstructicm 
 might follwixi my treachery. M as a statement of i his, dis- 
 obedience to Mr. Macrae? and has your Excellency tle- 
 puted him to insult me, and deprive my family of their 
 bread, for no other fault? I implore justice, .nicl j)rotoc- 
 tion, from y(mr Excellency. I address myself with the 
 fullest confidence of receiving both, and I entreat pardon 
 if, in the freedom of this letter, I tresj)ass on the deco- 
 rum due to your high station as Governor. 
 
 I have the honor to be, 
 ' My Lord, 
 
 Your Excellency's most humble and 
 Obedient servant, 
 
 BART. TIERNEY. 
 
 To His Excellency the Earl 
 ' Dalhousie, Governor in 
 Chief, Sorel, 
 
 } 
 
 [Document No. 4.] * 
 
 ^orel^ \st September, 1822. 
 
 Sir — Your letter of the 30th to Lord Palhousie, com- 
 plainitig of the treatment you have received from tliQ 
 Collector of the Customs, has this moment been f>\T* in- 
 to my hands. His Lordship is just now, too much in- 
 disposed for me to trouble him with its contents; but, as 
 your messenger waits for an answer, I will venture to 
 express my opinion, that his Lordship would not wish 
 you to disclose the name of the person you allude to, 
 without due consideration; nor would he contenance any 
 ill treatment, or gross language, towards you, in conse- 
 quence of the sentiments he might have expressed of 
 
 I WttB in great distraction of mind, and a] most careless of conne* 
 queoeee, when I tbut wrote to his Majesty^s Repreientative. 
 
15 
 
 xMoiir conduct on tlie^;s/ report of this occurrence.* — 
 Your letter shall be laid before his Lordship to-morrow, 
 or next day, when his sentiments will be further made, 
 known to you; in the mean time, ' 
 
 I am. Sir, your obedient, i 
 
 And very humble servant, 
 
 H. C. DARLING, 
 
 Military Secretary* 
 Mr. B. Tierney, St. Johns. 
 
 [Document No. 5.] 
 
 .> 
 
 Sorcl, 2d Septcmhei\ 182!^. . 
 
 Sir — Referring to my letter of yesterday, I have novr 
 to acquaint you, that I have this morning brought under 
 the consideration of the Governor General, the represen- 
 tation contained in your's of the 30th ; by whom I am 
 directed to say, that he entirely confirms the opinion I 
 -had ventured to express. With respect to your disclos- 
 ing the name of the person from whom you received the 
 information, which led to the seizure oi the Steam Boat 
 his Lordship is aware that the duties of the Custom 
 House can seldom be performed, but on. private inform*- 
 ation, and he therefore neither requires, nor wishes, yo^ 
 to give up the source of your information on the present 
 occasion. 
 
 His Lordship hopes that the relative duties of Xha^ 
 Collector and yourself, will be conducted on principles 
 that Will render future complaints, on either side, f un- 
 necessary. 
 
 I am. Sir, 
 Your most obedient servant, 
 
 H. C. DARLING, 
 
 Military Secretary, 
 Mr. B. Tierney, St. Johns. 
 
 I 
 
 
 i ■;. 
 
 • This passage clearly indicates that a false and partial statement 
 of my eondnct had bfen made to his Excellency. 
 
 ' 1 What complaints were made of me, I know not, bnt, from.thft 
 time / made none ; nor did the Collector (that I C-H speak o{ with 
 certainty,) until the jit opportunity, viz: tcft(?n domestic troubles, 
 arising from era>iarassed circumstances, agitated my mind, render- 
 ing it more susceptible to studied «n««l^ than would have been tbo 
 
 •ca^e in a more comfortable ttate of tbtogs. (See page 37, my affi- 
 davit.) ' . . » . 
 
 :#' 
 
 v*«iP^l^qel»l^v^(tf?v^'^■<^^?'J;,^■ 
 
Id 
 
 If 
 
 !"8 
 
 1^ 
 
 About the date of this correspondence, the Aniericaa 
 General Barnum called at my house, and as I Was not 
 At home, left with Mrs. T. (whom he requested to see,*) 
 the draft of a letter, which he wished me to write to liis 
 Excellency the Governor in Chiefs (The original, in the 
 General's hand-writing, I enclosed, with other papers, 
 «oiiie days after to the Governor in Chief.) Its purport 
 was this, that I should state " from my Jirm reliance on 
 •* the word of General Barnum, my conviction that the 
 •' Steam Boat proprietors had always taken every p^'ecaip- 
 •* tion to prevent the introduction of illegal merchatidize 
 *' into their Boats; that 1 felt assured of Captain Sher^ 
 ** ma7i*s entire ignorance of such things being on board the 
 ** Phoenix ; that I believed the outrage on the soldiers, and 
 •* rescue 4>f the Boat, to have been the act of unfaithful, dis^ 
 ** honest servants, and wholly without his knowledge,^* As 
 I could not, conscieifHously write such a letter as this, 
 and being still without any orders from Government res- 
 pecting tlie transaction, I addressed the following note 
 to General Barnum. 
 
 [Document No. 6.] 
 
 Mr. Tierney has the honour of tendering his respects 
 to General Barnum. He has just read over the draft of 
 a letter, which it appears the General wishes him to ad- 
 dress to the Governor in Chief. He regrets he cannot 
 do so, under all the circumstances of the case, without 
 incurring the charge of inconsistency, as before he had 
 any communication with the General, he related and 
 referred the whole matter to the pleasure of the Eaii 
 Dalhousie. His Lordship's lamented indisposition pre- 
 vents Mr» Tierney from knowing, for the present, what 
 hisi Excellency's determination may be, when he shall 
 
 * The drift of the Generarg conversation with Mr«, T. was, that 
 ibe shonld endeai'onr to prevail upon me to write thii letter <m ^ 
 wholly from myaclf^ \o the Governor ; and also urge me to name 
 the exact aum 1 expected from the Company for myae^^ as a guide 
 to their proceedings. (The General mentioned to her he had had 
 the opinion of hij friend Mr. Stephen Sewell, that It was an illegtU 
 $eizure, and that he had promised him his own and the Chief J us- 
 tice^s whole interest, to set it aside.) 
 
 If the General believed what he said to be truth, for what pur- 
 pose did he require me to demand money from the Company ? Wat 
 it that I might be proteauted tot extorting money on false pre- 
 tences? 
 
 \ / 
 
17 
 
 'hnve had his eommands. The General and the Steani 
 Bout Company, will find the fuithfui discharge of his du« 
 ty to the Country and Sovereign who gives him bread^ 
 Was more his inducement, than a mercenary desire of en- 
 riching himself at the expense of individuals. * He ne- 
 ver had any malice or ill will towards Captain Sherman ; 
 but to place his own character beyond the possibility of 
 
 E resent censure, or future attack, is due to a name )io 
 as always endeavoured to uphold without a stain* , 
 To (jeneral Barnum, \^ 
 At Bellamy's Inn, St. Johns. J 
 
 On the 10th September, at ten d clock in the evenings 
 I received a visit from General Barnum, who presented 
 me with a letter from D. Hoss, Esq. K. C. enclosing a 
 copy of his £xcellency*s determuiation respecting the^ 
 Phcenix. 
 
 [Document No. 7.] 
 
 Montreal^ lOM Septernber^ 1822, 
 
 Sir — I lately was with the Governor on the subject of 
 the seizure made by you of the Steam Boat Phcenix, 
 An application was made to the Governor to have her 
 delivered up; on which subject he committed his deter- 
 mination to writing, and delivered it to me, and directed 
 that I should furnish you with a copy, which you have 
 herewith. If the Boat is biotight back to St. Johns, you 
 will please settle with the Collector, and for what sum the 
 security is to be taken, 
 
 I am your obedient humble servant, 
 
 D. ROSS, K. C. 
 Mr. B. Tierney, \ 
 
 Custom House Officer, St. Johns. J 
 
 [Document No. 8.] 
 
 In reference to the matter now stated to me by Mr^ 
 Ross, I can make no answer, until that vessel shall be 
 replaced in the custody of his Majesty's Customs at St. 
 Johns. I am perfectly satisfied that Captain Shennan 
 
 * The fact i», when I wrote this note to the Genera), thad th« 
 liberal feeling it displays. His subsequent befaavionr, I to^rfesi^ 
 enlightened me m HttU as to hia real intentions, and t^taU$cium^^ 
 ed mtsf. 
 
 i\ 
 
 ir 
 
 . a-- 4 
 
w 
 
 IS 
 
 t ' 
 
 i 
 
 18 
 
 has had no share in this double outrage, aj^nihst the laws 
 of trade on one hand, and against his Majesty's ihig, iu 
 forcibly caiTying off* a guard of the military, placed on 
 duty upon that vessel; but the whole outrage is consi- 
 dered by me, an insult to the Government entrusted to my 
 care; which in duty, and in honour, I will protect to the 
 utmost of my ability. The course I: have resolved upon, 
 is this, to insist upon the restoration of the vessel, in the 
 first place, to St. Johns;* and in the next, to guide my- 
 self in future steps, by the advice of his Majesty's Exe- 
 cutive Council in this Province, and the opinion of the 
 Law Officers of the Crown. 
 
 (Signed) DALHOUSIE. 
 
 SoRRL. Sth Sf'ptember, 1^22. 
 
 P. S. — In the desire to restore the intercourse as soon 
 as possible, I shall have no objections to give up the ves- 
 sel to her usual course, on sufficient bonils bei'ng gi\en 
 by the proprietors, to await the final decision of the sub- 
 ject. 
 
 (Signed) D. 
 
 (A true copy from the original.) 
 
 D. Ross, IC. C. 
 
 The issue of the General's visit, will be best explained 
 by the following letter to the Earl Dalhousie, wrote and 
 sent by me the following day to Sorel, enclosing the cor- 
 respondence which had passed between General Bar- 
 num and me. " The Statement" (Document No. 1,) I 
 had prepared for the press, respecting my conduct, with 
 the affidavit of Robert Davies, (Document No. 2.) 
 
 • • - • [Document No. 9.] 
 
 Port St. Johns, Wth September, 1822. 
 
 My Lord — Finding myself placed in a situation of 
 some difficulty, by the occurrences of last evening, as 
 they respect the late seizure of the Steam Boat Phcenix, 
 I presume again to intrude on your Excellency. Some 
 
 * It is notorious, Ihat instead of the nneonditional and immedi- 
 ate surrender demanded by Earl Dalhoufcie in September. 1822, 
 the Pboenix was k^pt np at Champlain with an armed crew, and 
 t!igM\!i^v\y mounted voatch. 
 
 The intprcom«ie, iu the meantime, fully enhsisting. The Con* 
 great, during the remainder of that lewsoD, plying to and from Poit 
 St. Johns* ' ' ^^ : 
 
 
19 
 
 )f 
 
 days n«TO, tlie American General Barnum called upon 
 njc * for the ))urpose of ascertaining what my demand 
 ^'oiild be upon the 8team Boat proprietors, j)rovidcd 
 your Excellency, on certain representations being made, 
 should be pleased to relinquish for yourself and the 
 Crown; and re(|uesting that it might be moved, in the 
 first instance, by the medium of a letter to your Excel- 
 lency from me. 
 
 I enclose the correspondence marked, Nos. 1, 2, 3| 
 and 4, between General Barnum and me. 
 
 Last evening, 10th September, he came to my house, 
 after the hour of ten, presenting a letter from 1). Ross, 
 Esq. K. C. enclosing a copy of your Excellency's deter- 
 mi nation respecting the Phcenix. Having read those 
 papers, the General prc'posed to me. the jiroprietors of 
 the Steam Boat giving bonds for one thousand pounds, 
 *' merely to Irring back the Boat to St. Johns "f Agreeably 
 to Mr. lloss' intimation, " that I should settle with the 
 Collector the amount of security to be taken," I wrote to 
 that gentlemen (by General Barnun^,) deferring to him, 
 as head of the department here, whether such bonds were . 
 the s»JJicie?it ones alluded to by your Excellency, and if 
 so, my willingness to empower Mr. Ross to take the 
 same. The General, soon after delivered to me Mr, 
 Macrae's reply, concluding with this sentence, " that he 
 was satisfied, provided (as the person most immediately 
 concerned,) that it was considered sufficient by me;" this 
 led to a further discussion with the General, who requir- 
 ed me to endorse upon Mr. Macrae's note, that I accept- 
 ed, as my full share and individual acquittance of the 
 Steam Boat projirietors, the penalty of the Ijond, viz; 
 £1000. Thife I refused doing, seeing nothing in Mr. 
 Ross' letter to me, or in your Excellency's commands,, 
 of which he had enclosed me a copy, to warrant me in 
 
 lie 
 
 id 
 
 ^11 • 
 H-t 
 
 * At ray honse, in tbe manner formerly despiibed, page 16. 
 
 •f" These were tbe General's express words, from which, on his re^ 
 inrn in half an hour with the Collector's note to me. he totally va- 
 ried. He then first demanded I should fudorae^ Av, Ae &c. I 
 was actually on the poiut of signing to accept bonds for £1000. nn« 
 til hearing this new proposition. I preceived some under meaning 
 in the business, and then insist^^d on c^ight thousand dollars, and that 
 only for the purpose declared in his Excellency's decision. 
 
 The General did not part with me oh quite the beat terms. He 
 has since thonght proper to deny this, knowiug my wjfe cannot b^ 
 my witBcis, and thai bia atien^aui (who waa praseut,) is dead. 
 
 '■■ f- 
 
«0 
 
 presuming to make any bai^gain or ngreemeiit whatever 
 for m^sdjl, wliile the " futnr« stq)s," nanual as to lie ta- 
 ken by your EKcelleiicy, remained to he gone through 
 and settled. I said, that tis the amount of a prnvmonal 
 hwul^ namely, for tiie express puniose of brinp^iiir back 
 tlie Boat to i?t Johns, seemed finally to be left witii me, I 
 slvould venture in a note to Mr. Ross, (tlien given by me 
 to the General,) to empower him to accept eight thoti- 
 «aTid dollars, « small sum widi regard to the pro[X>rtion 
 it bore to tlie value (rf the PlKEuix. General Barmun 
 left rae with tm iissuraiice the ]>roprictors Tiever would 
 i^[rree to such terms, or bring down the Boat, until sa- 
 tihiied, <me thotisand pounds should be named and ac- 
 >cefited b\f me as the full and final claim on them. Tl>e 
 General also observeil, that the copy of commands, fur- 
 •nisJied me by your Excellency's order, ^isoas merely an of" 
 ^ialjotm^ your Lordship's teal intentions (confidential- 
 ly maxle known to Mr. Ross,) were, that on a proper j^ 
 pology for the outrage on the soldiers, and disrespect \a 
 the British flag, you would relinquish your own apd the 
 :diare of the Governmeait, leaving tlie proprietors to set- 
 tle with me. The determined tone of tiie paper bearing 
 your ExcelleiK!y's signature, being so much at variance 
 widi this statement of General Barnum, and no allusion 
 of the kind being perceivable in Mr, Ross' letter to me, 
 I would agree to no other than the acceptance of bonds 
 to the above amount,^ for tlie Boat's coming down in the 
 first instance, agreeably to your Excellency's demand, 
 and as the l>asis of further measures. If Wrong, my wish 
 to act in strict conformity to my view of the meaning of 
 your Excellency's written decision, will I trust ensure to 
 me your pardon* 
 
 My original intention in seizing this Boat was, tliat a 
 loss of magnitude might give an exemplary check to the 
 immense smuggling at this Port, not unmixed, I will 
 candidly own, with a desire of eventually benefitting mj 
 own and helpless femily's circumstances. * If not too in- 
 trusive for a man debarred by his humble station, of im- 
 mediate access to your Excellency, I will venture to as^ 
 sert, th^ the real &ct5 of diis case have not yet covsxt 
 
 * Will any genflenan boldiiig an office in «ny piiblie d«pftrtineat 
 in the Caoadaji, or ei8«wbere,denj ihm h« eodeiirouM to make lb* 
 ma«t (ia m lawful way,) of hie iiiuatioa? 
 
«1 
 
 fully before ytmr Excellency's consideyation^ R was 
 proposed to me by some friends, wfio f 4t tor the public 
 obloquy thrown on my chjiracter, by misrepresentations 
 in the newspapers, to publish a statement iS tlic whole 
 transaction respecting the seizure of the Phcenix. I pre- 
 sume enclosing, for yomr Excellency's perusal, what I 
 had pre{)ared for the press, can swear t(H and if necessa- 
 ry, summon witnesses to prove;* (together witli the de» 
 position of tlie district Bailiff Davies.) The difference 
 that arose between Mr. Macrae and me,, induced me to 
 consider it ungracious at such a time, nor did I wish, un* 
 less driven to it in my own defence, to reflect upon the 
 character of Captain ISherman* I repose myself wholly 
 (as. 1 have ever done,) upon your Excellency's justice. 
 You may have heard partial accounts of the transattion 
 generally, and of me in particular. 
 
 I am. My Lord, with dutiful respect. 
 
 Your Excellency's most hun)l)le sen'ftnf, 
 
 BAllT. TIERNEY. 
 To the Earl Dalhousie, \ 
 Governor in Chiefi &c. Sorel. / 
 
 [Document No. 10.} 
 
 Sorel, 14M September, 1822. 
 
 Sir — I have it in command from his Excellency the 
 Governor in Chief, to acknowledge the receipt of your 
 letter of the 1 Ith instant, with its several inclosures, and 
 to acquaint you, that he is quite satisfied with your con- 
 duct, both with respect to the seizure of the Phcenix, 
 and in the subsequent transactions between General Bar- 
 num and yourself, now first reported by you; and I am 
 to reconmiend to yon to adhere to the same moderate 
 »nd prudent course you have hitherto pursued in this af- 
 fair. His Excellency directs me ta state to you, that 
 vour construction of his written decision as delivered to 
 ^Ir. Ross, has been perfectly correct, and that he never 
 intended to hold out the expectation of any compromise 
 for the relinquishment of the seizure, which should not 
 have for its basis the previous unconditional surrender 
 of the Boat to the place and state in which she was when 
 
 * At thai timn I could bav(» oallftd upon several now out qf mp 
 teach ; but the factti related being well known, renders it d IHU* 
 consequence. •. , , , - 
 
cnrncd ofT, in violrttion of the laws, aiul to tlic insult of 
 tlie Jiuilionty orOovernniuiit. 
 
 Willi ri^pLTtto the stattnu'nt in tlcfciice of your con- 
 duct, wjnth v« u propose to iiistit in ti:i' iicwspaocrs, iiia 
 IxcelU'ncy does nt)t see the necessily (»f it, and cannot 
 give It his sanction,* but leaves you to act in liiit> nmlter 
 upon your own responsibility anil discretion. 
 
 I am. Sir, 
 Your most obedient humble servant, 
 
 AN URKW^ WILLIAM COCIIIIAN, 
 
 Mr. B. Ticrney, St. Johns. 
 
 From the date of tlie above letter, I luul no fiu'tlicr 
 communication with Cioverinnent (respecting the Steam 
 Boat Phoenix,) for several months. I did hear re}K)iis, 
 from time to time, that proceedings of some kind or o- 
 ther were instituted, but of what precise nature, I am to 
 this hour wholly uninformed. — Well aware that a net 
 was spreading in all directions to entangle me, the line 
 of conduct 1 laid down to myself was this, never to ad- 
 dress a single sentence to my superior in ofHce, or his 
 colleague, except what was unavoidably necessary for 
 transacting my proper business in the Custom House. 
 
 In March last, a direct j)roj)()sal came to me from tho 
 Steam Boat proprietors, through William Watscii, Es- 
 quire, f of St. Johns. I inmiediatcly apprized his Ex- 
 cellency of it by letter. 
 
 < • ^ • '■ 
 
 ' ' [Document No. IL] 
 
 Poi't Sf, Johns, 20th March, 1823. 
 
 My Lord — I beg leave to inform your Excellency that 
 on Monday last, 1 received a visit ironi Captain Watson 
 
 * I never once entertnined an idiea that his Excellency would {I 
 merely placed it (without its present notesi,) before him, that he 
 night learn from it the facts of a case, evidently misKtated; the 
 very motives named at the close oi my letter to his Excellency, still 
 existed in my mind aj>ainst its publication ; I shrunk from no" res- 
 ponsibility,** rny statement being truth ; but, preferred patient endur* 
 ance, in the hope of eventual justice,' rather than a commencement 
 oi " paper war,*' which my humble talents in a great measure dib- 
 qualified me to sustain. 
 
 f I had, for good reasons, declined for some time, any personal 
 ComisDuicAtion with General Barnuin. 
 
 -'>■■' 
 
23 
 
 of tills plftcr, who came to me n; the ngcnt or Tiicnd ol' 
 tlie kStciim IJortl Company, to make to me the following 
 j)rof>osul; *' that 1 shonUi writ*' t'.» the Steam Boat pro- 
 
 Si'Ictors, wholly renouncliiji; my .(aim upon the Steam 
 oat Plurnix; in consideration ot' wliicli, a certain sum 
 should be given me privalrhj by way of rem luie ration, 
 or, il' more agreeable, as a present to my wife. — Tlie 
 13oat, at the opening of the navigation, should be sent 
 down to St. Johns, and your Kxcellencv applied to, to 
 relin(push your own and his Majesty's share in the sei- 
 zure." — As formerly, my answer was, that I lelt myself 
 not justified hi taking a single step without your Excel- 
 lency'A authority; but that nafhiug like the jnoposcff nr- 
 ran^cmcnt should ever originate mth inc. * It has been 
 distinctly stated, that unless such arrangement shall be 
 made, the proprietors 'isiill never send the Plmmix to St» 
 Johns. — I lelt it my duty to make this ma^er known ti» 
 your Excellency. 
 
 I have the honour to be, my Lord, 
 
 Your Excellency's most humble servant, 
 
 15AUT. TIERNEY. 
 To Ills Excellency the Earl 
 Dalhousie, Governor in 
 Chici; &c. &c. &:c- 
 
 I un(!erstood Captain Watson immediately dehwred 
 to the Oenertil tho answer I gave to l,his curioas propc 
 sition; and that he in consecpienee cUrcctly Jtt out for 
 Quebec. — Xolhinj'; further transpired until thootli A):rII, 
 "when I received the following Icttier from General lifdr- 
 nmn, by the hands of Captain Watson, of who>-e accom- 
 panyhig message, or conversation, I directly made " a. 
 mhiute." • 
 
 } 
 
 [Document No. 12.3 
 
 : , • . St, Johnsy 5th Ajnil, IS2X • 
 
 Mr. B. Tjerney, 
 
 . Sir — His Excellency the Governor in Chief ho s been 
 plcflsed to say to rnc, that he has directed the Collector 
 
 ♦ Yet General Barnum in bis letter to the Chief Justice Sewell 
 of the 2Tth Marcky deliberately and unequivocHll)' »a)s, " Mr, 
 Tierney, who »(» now debirous of relinquishing his claiin, Clc I The 
 public will judge for themselves, and no doubt appreciate ts tbe^ 
 deserve the veraeiiy and honour of General Barauai. 
 
 v^t:.t'j. 
 
 ..... V- > 
 
 N 
 
I 
 
 24 
 
 6f Port St Johns to stop proceedings in the case of the- 
 fieizure of the Steam Boat Phoenix. It was also intimat- 
 ed from a Public Officer of the Crown, that it would be 
 pleasant to his Lordship if we were to make you some 
 trijling present; and has, I understand, authorized you 
 to make such private arrangement as mif^ht be consider- 
 ed pleasant to all parties, and pjive a disch;trge to the 
 Compony for all claims you might, or could have, upon 
 the Jioat, in consequence of the aforesaid seizure. I 
 have therefore authorized my friend Captain Watson to 
 offer you one hundred pounds, and receive a proper dis- 
 charge. I wish it (lone in a manner that would be the 
 most pleasant to you, and any discharge you may give, 
 tvill be made no other use of than that of being kept by 
 the Company, to be produced only in case of necessity, 
 which 1 hope and presume will never occur. The Go- 
 vernor having given you this power, * I see no necessity 
 for any delicacy on the subject; however, should it be 
 more pleasant to you, the amount pr\ >ented will be kept 
 entirely to ourselves, with thfr exception of our friend 
 Captain Watson. We shall have no earthly object for 
 disclosing it. Should you decline this proposition, you 
 will oblige me by giving me notice as early as conveni- 
 ent, as I am anxious to leave town as soon as may be. 
 
 Your*s respectfully, 
 
 A. W. BARNUM. 
 
 ' > ■ ■' • ' 
 
 [Document No. 13.] 
 
 [Minute of a conversation with Captain Watson, 5th April, ISSrg, on B. 
 Tierney being presented by him with General Bamum's letter of that 
 date.] 
 
 « 
 
 Captain Watson stated on the authority of General 
 Barnum, (and as corroborative of his letter); "The Go- 
 vernor in Chief is now convinced the seizure of the Phoe- 
 nix was an illegal act. His Excellency, in a conversa* 
 lion with General Barnum, gives her up as such to her 
 owners; considers the apology offered for the taking off 
 
 ■» , ..■■'""■; 
 
 ' --,'-•■ ,. ■■-.y -^1.. . ...;.... 
 
 * As I wns not made acquainted with the Gbveraor in Chiers , 
 pleasure, until twenty days after this letter from General Barnum, 
 and as I had no guarantee, hut the general' 9 word, I certainly de- 
 clined acting upon it. Taken altogether, this letter abounds with 
 contradictions to the General's former assertiont whivb I<could not 
 reconcile, or indeed properly uiidentand. ',..-. ,< 
 
 
SESZSZ 
 
 «5 
 
 tlie troops, a sufficient one; tliat the Ouager TIcrney 
 ought to be satisfied with his third share * oi the contra^ 
 tand goods seized. His Excellency don't think hiin en- 
 titled to any thing, unless the proprietors generously see 
 fit to make him d present. Chief Justice Sewell bein^j* 
 then applied to for his opinion regarding the amount tr> 
 be given, named teti pounds as enough, or more than e- 
 nough. Qeneral Barnum, however, wishing to make 
 Mr. rierney a recompense for all he had, or might, suf- 
 fer from this business, desired to make the present one 
 hundred pounds, conditionally, Mr. Tierney never 
 Annoy the Boats again, if contined in ofl7<:e, which was 
 doubtful." 
 
 B. Tierney replied, " He never would move until he 
 had his Excellency's official commands as his guide. — ' 
 Either hd had a claim to a third of the Boat's value, of 
 he had not; if the latter case, then he would not accept 
 a sin<rle shillings or be his continuance in office long or 
 short, do, or agree to do^ any thing contrary to the dfj- 
 ties of that office he had sworn fconscientiously to fulfill. 
 If the Boat was a legal seizure, he would pursue his 
 claim. Matters having arisen since its capture to con- 
 vince him, the Boat's crew and servants committed the 
 act of violent departure according to Captain Sherman's 
 orders, or with his knowledge, f and the aid of sundr;^ 
 inhabitants of St. .Johns. In return for the greatest for- 
 bearance and delicacy towards the character of Captain 
 S. the proprietors, and other persons, he had had his cha- 
 racter scandalized both in Canada and the United Statwi, 
 and his life and family's welfare in jeopardy several 
 months. The value of the Phoenix was estimated gene- 
 rally at eighteen or nineteen thousand pounds, the sum 
 offered him no way adequate." 
 
 I considered the following note, directly sent by m^ 
 to General Barnum, the only reply I could, make to such j^ 
 
 ♦ I never credited for a nwment that his Excellency descended ^jpo C 
 to make. any such remark. His Majesty and Earl Daihousic reoeiv- ■ ■ ■■■*» 
 ed (rhareH the itame as oiiiie of the net proceeds : but, hnving from 
 my shire to ratify my engagement with the infonner, my e;U;rrt gain 
 on that much talked of seizure, was fiventyiwo or three pounds ! 
 
 f See the deposition of Davirt, that the Captain "aided and abet- 
 ted" in smuggling, see that of Mr. John .Steward, in page 15, that 
 Captain Sherman was mlhin hearing when his st* ward was clt;ariag 
 the vcMcl of sUanj^crK, and announced her mnudude departure. 
 
 4 
 
 1! 
 1 1 
 
 ^4C ^^^^ ^£^<h-*^^^^^ <V 4^-*^>^ 
 
36 
 
 \i 
 
 •.k 
 
 
 communiGations us his letter, and the conversation of his 
 
 friend. 
 
 ■ .. » » ■ ■ ■ 
 
 [Document No. 14.] 
 : *:. . ■ Poti SL Johns, M Jp-il, I82S. 
 
 Mr. Tierney has the honor of acknoM'leclging Genera! 
 Barnum's letter of this day's date; he laments his inabi- 
 lity to reply to it, as he has not .lately received any re- 
 gular official communication of his Excellency the Go- 
 vernor in Chief's pleasure on the subject. 
 
 The General must be aware, verbal intimations (no 
 matter how respectable the source they come from,) are 
 not to l>e considered sufficient authority. And this ob- 
 servation he is led to make, as on looking over the last 
 commands * he received respecting the Phoenix from his 
 Excellency the Governor in Chief, he finds them to be 
 completely at variance with General Barnum's present 
 letter, and the communication of Captain Watson. 
 
 To General Barnum, 1 
 Bellamy's Inn, St. Johns, j 
 
 Having waited several days in the expectf^tion of some 
 instructions; having made repeated endeavours to gain 
 a clear and certain guide for my conduct, from what I 
 imagined the proper and natural quarter; I at length, 
 felt compelJed once more to address llis Excellenc'y. 
 
 ' ' ' ' [Document No. 15.] 
 
 .,..•• Port St. Johns^ Uth Jpril, 1823. 
 
 My Lord — I have the honour to enclose for your Ex- 
 c?elleiicy's perusal, copies, of a letter received by me 5th 
 insUuit from General Barnum, " a minute" cyf an accom- 
 panying message delivered, to me by the bearer of die 
 letter. Captain William Watson of this place, wharfin- 
 ger to the Steam Boat Company, with my ansvvers to the 
 same. Influenced by the same feelings as when I pre- 
 sumed to address your Excellency on the 20th March, I 
 now submit these papers for your inspection, f conceiv- 
 
 ^ * Viz. the letter dated Sorel, 14th Sept. 1822, page 21, to which 
 the reader will refer. 
 
 t By which his Excellency was made aware that I wholly rejected 
 the uifer of one hundred pounds, and of my sentiments generally. 
 
 *■- 
 
 .*-■ 
 
 ^ 
 
3csn 
 
 27 
 
 ing it to be most proper and dutiful course, as I nxA still 
 without any direct instructions either iVom your Excel- 
 lency, or the head of the department Jiore, relative to the 
 line of conduct I am to jnu'sue with respect to the Steam 
 IJoat Phoenix, shoidd she (as it is generally expected,) 
 come down here the ensuing week. Having hitherto 
 implicitly obeyed vour Excellency's rommandii in all that 
 has regarded tiie l*hoenix; steadily idhering to that obe- 
 dient and guarded deportment towards my su})eriors in 
 office, which " should jirevent the necessity of complaint 
 on either side," so condescendingly recommended to me 
 by vour Excellency's command. 1 humbly hope I shall 
 find that there is no foundation for a report current here, 
 *' that your Excellency has determined upon dismissing 
 •' me, directly the affair of the Steam Boat sl.all have 
 ** been settled;" the name too of my expected successor 
 in office has been mentioned. Relying on the honour 
 and justice of your Excellency as my safeguards from 
 evil designers, 
 
 I have the honour to be, with profound respect, 
 Your Excellcncv's most humble servant, . 
 'BART. TIERNEY. 
 To his Excellency the Earl "J \ 
 
 Dalhousie, Governor in > , 
 
 Chief, &c. &c. &c. J ' 
 
 [Document No. 16.] ' ' 
 
 / Castle ofSU Louis^ Quebec, U)tk Afiril, 1823. : 
 
 Sir — I am di^ ted by his Excellency the Governor 
 in Chief, to acknowledge the receipt of your letter to him 
 of the 14.th instant; and I am in reply thereto, to refer 
 you to the Collector of the Customs of Port St. .Johns 
 for communication of my letters to him of 29th March 
 a!id 8th insttuit, which will put you in possession of his 
 Excellency's views and hitentions with respect to the 
 Steam Boat Phoenix. i 
 
 I have the honour to be, Sir, 
 ->* "i . Your most obedient servant, 
 
 A. W. COCHRAN. 
 Mr. B. Tierney, St. Johns. 
 
 as to the base and ungenerous means used to defame me, as well ai. 
 tho)>e resorted to, to bring we into coiupUance with Gencrah 
 Barnum's terms* - , - , 
 
n 
 
 «S 
 
 I 
 
 M 
 
 I 
 
 I 
 
 Tlie above letter came to my hands at efght in the 
 morning of tlie 23(1 April, just as the Phoenix was com- 
 ing into Port. The Collector^ who had been some days 
 absent from St. Johns, returned and cleared her out. Four 
 or fiXQ hours after which event, he presented me with 
 copies of the letters al hided to by Mr. Secretary Coch- 
 ran, together with that of one from General Barnum to 
 Chiief Justice Sewell, dated Quebec, 27th March. 
 
 [Document No. IT.] ' • 
 
 V' Qitelfecy 27th March, IS23. 
 
 Sir — I take the liberty of enclosing you a brief state- 
 ment of our case, in regard to the unpleasant situation of 
 our Steam Boat on Lake Champlain, whichy if consistent 
 with your feeling.*, I beg of you to lay before liis Excel- 
 lency the Governor in Chief. The anxiety of the Com- 
 pany is increased on this subject, from the circumstance 
 of a suggestion having been made, that we had not suf- 
 ficient confidence in the assurances of his Excellency, 
 made to Mr. Ross. The fact is otherwise, we have the 
 most unbounded confidence * in his answer to do us jus- 
 tice, and restore the intercourse. I should do injustice 
 to my own feelings, were I to omit to express m^ grati- 
 tude for the very liberal interest that has been taken in 
 our behalf, by the respectable citizens of Montreal and 
 Quebec, with whom we have had an opportunity of con- 
 ferring f on the subject. 
 
 The seizing Officer, Mr. Tierney, X '^^^o is now desirous 
 
 * I have aU-eady said, the " intercourse** never imr impeded; the 
 Congress, the Company^s other vessel, continuing to ply; but in 
 what way was this ** unbounded confidence** shewn ! did the prepri- 
 «tors instantly and unconditionally surrender the Boat in September, 
 when demanded as a tine qua nun by Lord Dalhousie ? Who armed 
 7i^r crew and kept he." in utter defiance at Champlain. Why not 
 next day or next week after the seizure, come forward with this affi- 
 davit of Captain Sherman, and the apology and offer, which after eight 
 wonthty the Earl Dalhousie thought fit to receive. Why lose so 
 much valuable time in little paltry disingenuoiu negociations with 
 rae? ;^ 
 
 t Did the Genercil carry with him into the«e " conferences** the 
 spirit of truth ? 
 
 X My letter to him of Sth Aprily is in itself an evidence to the c&tf 
 irary. He left St. Johns thti 20th Marchy perfectly satisfied, \ ne- 
 vcr would give up my elaim^ yet thus writ«is , to the Chief Justice 
 
 V2?r4. diiys after. ■,,.- '.- 
 
 
.59 
 
 mf rdimpahhing Ms <claimf is not sufficiently instnwTtetl to 
 leel warranted in doing s<\ widiout permrision fi-om hit 
 Excellency the Governor. It is v£ tlie utmost impor-. 
 tance to ns, that his Excellenty's pleasure might be -com- 
 municated as early as possibly convenient, as the naviga- 
 tion will shortly open in our country, and previous to 
 the commencement of out oped'ations, if we run the Borat 
 this season, important repairs and reparations aie to b^ 
 made, which will require all the intervening time. I 
 have also taken the liberty of enclosing yaw Captain 
 Sherman's afBdavit. I believe your Honour's acquaintr- 
 ence with tlie public and jjrivate character of that gen- 
 tleman is such, as to rendei* any reiaarks upon the s«b«- 
 ject Oif his integrity useless. 
 
 1 have the honor to be, &c. &c. &c 
 
 A. W. BAR>rUM. 
 Chief Justice Sesi^elL 
 
 
 r » ■ . 
 
 h 
 
 > If 
 . * 
 
 [Document No^ 18.] 
 
 t. 
 
 Castle SL Lewk, Quebec, 29ilk MareL 
 
 Gentlemen — His Excellency the Governor in Chief 
 having had a farther application made to him from th« 
 proprietors of the Steam Boat Phcenix, for permission to 
 brine her b^ck, and that she may resume nnmolested her 
 usual passage on Lake Champlain to i^i» Johns; and 
 having considered fmm tlie very first that ncitlier tlie 
 pixi^irietors nor the master of the Boat were to blame in 
 the rescue of her, which took place at St. Johns in Sep- 
 tember last, * but that it was altogether an act of their 
 i^rvants, f in their absence. 1 am now to acquaint you, 
 that his Excellency is perfectly satisfied with Uie explan- 
 ation and ofler lately made by General Banium, on the 
 part of tlie projirietors, to rejdace the Boat in ymir custo- 
 dy, X ami so ;soon as a letter expressing the sentiments 
 
 • A mirtak* : 26* Auguit, 1822. 
 
 t W«Fe tikoM 'dishonest, mtrutthfiil oervanif, denouiKcd by Oenrri^ 
 BarniNSt, pvtbJic];^ pu»li^be(l by fioa^e competent tribunal in their owa 
 Country? Hou' iong tifier the re^ciuiAf the Fhoeoix, and isiT deteniioii 
 at CLatHplain, dUI Wilson^ the fiiiot, remain in their «ervi^ce? 
 
 ^ Qnerjf. Was the PlKsnix, cr>irect)y dpeuJciniE;, enr in iheir *nft 
 kee^Mog? Oite went to town irnd hft hrr, as I tav« alrenily phnwn, 
 «('itlhot4 a suiKcient gaanl, or without any arrHfi)i;ement ia case uf in- 
 |Kariufe^ tlie<u/%ef .gav« no atwistance, took no prmnpt or activ« luea^ 
 'iineett M iiifl cuilett^tMi^^ «hiieoce, to r«»ody Ui4« mvcr^i^hL. 
 
 . \ 
 
 ■^ 
 
ft' . 
 
 so 
 
 'B t 
 
 i<: 
 
 •»1 
 
 V~3 
 
 I 
 
 communicated to bis ExcellencJ' by General Bnrmim oa 
 behalf of the proj)riet()r,s, tliroiijvli tiie modiiiiii of the 
 Chief Justice, sliall bu pre^i^jiitod to you. It is hix Ex- 
 cellency's wish to cause: the proccechugs to stop, and td 
 allow the afiiiir to parss without further notice.* Jt the 
 same time, howrvei^, as the schiw^ 0//lre7' /• s a fiiir claim 
 to he remunerated, his Exceileiinf afloxvs him to settle thitt 
 claim hij pivate a^rceuwnt, hut does not v:ish to h"ar tt)iy 
 thin^ further respectinif it. This letter will be delivered 
 to you by one of the proprietors, j- or by the master of 
 the Steam Boat. 
 
 1 have the honour to be, CSrentlcm jn, 
 Your most oijetlient servant, 
 (Sio-ned) W. A. COCI41AN, 
 
 To the Collector and Comptroller, ) 
 
 8t. Johns, J 
 
 (A true co.y— Win. Macrae— 25lh April, 1823.) 
 
 A^. B. Tttia letter, wit/i its enclosure, teas received only If^iU 
 April, 
 
 [Document No. 10.] 
 
 ' Castle of St. Lfiiscis, Qiiehec, ^th April, 
 
 . Gentlemen — With reference to my letter to you of 
 29th March, I am directed bv his Excellency the Go- 
 vernor in Chief, to transmit to you a copy of a letter from 
 General Barnum to the Chief Justice, and to ac(|uaint 
 you, that the arrangements mentioned in my letter is on- 
 ly to take place, when the Captain t)f the Steam Boat 
 Phojnix shall on her arrival at St. Johns present to you 
 li letter on the {)art of the proprietors, to the same pur- 
 port as that herewith enclosed to you. 
 
 I have the honour to be. Gentlemen, 
 
 Your most obedient humble servant, 
 (Siirned) , A. W. COCHRAN. 
 
 To the Collector and Comptroller, 1 ,>' 
 
 ■I . .V- . St. Johns. ,.„,...; , .,.\ ./I.. ,v,..<- ,-;<■■•• 
 
 (A true copy— VVm. Macrae— 25lh April, 1823.) , ■-' : . "^ 
 
 « 
 no/ 
 
 Why ihpn was it infininffil to me, 5/ft April, that the Boat wat 
 U^rnUy seized, when His Excellency, by allowing my " fair claim," 
 placi'il it bnyoird )li.«()iite? 
 
 t Cictieral Hai-nniu accordingly did arrive at St. John** on the 5lh 
 Afirit, nnd (he render, lookini; to hix letter to me of that date, will find 
 ke wug peritclly well B(;^aintcd with the arrangemeota to be mad*, 
 
31 
 
 On r^adin^ the above Icftrrs, I felt it necessnry to ad- 
 dress thii siii)'n)ine(l to the Collector il' ^^t. Jt^hns, seiid- 
 jng to bim ;.. crentlenuJii to obtain tlie I'avour of liis dating 
 their presentation to me. 
 
 [Document No. 20.] 
 
 ' Pott St. Jo/ins, 2M April, 1 
 ^ 1 o'cloc/f, P. M. f 
 
 Sir — On reading over tlie copies of tlie two letters 
 fifom Mr. Secretary Cochran, bearing date, 29th March 
 and 8tli instant, mnvjirst mac'c known to me, as being, his 
 Kxcellency's views respecting the Steam Boat Phoenix, 
 I perceive you have oniitted to date the day of their pre- 
 sentation to me, after your signature to them as true co- 
 pies. • ' , . ^ 
 
 Will you. Sir, be so obliging to do so*? 
 
 General ]3arnum's letter to the Chief Justice Sewell, 
 really astonishes me, as I am perfectly ignorant of there 
 being any document in existence purporting to be a re- 
 linquishment of my claim, or, unless the grossest perjury 
 was resorted to, (far be it from me to suspect such,) afii/ 
 exjyre^ion of mine, which could warrant the General's 
 idlegation. I have also to express my regret, that instead 
 of giving me copies of any instructions you had received 
 from his Excellency, (when I respectfully applied to you 
 for such, several days ago,) you replied you had no or- 
 ders to do so; moreover, " that such was a paragraph, or 
 ^^ part of a letter or letters, relating to private business of 
 " 1/our own and Mr. William Lindsay's, * which, ofcouisey 
 " I had no right to see,^* In the copies you have within this 
 half hour been so good to give me, 1 confess I see nothing of 
 the latter character, and as they appeal to relate wholly to 
 the business of the Boat, I wish you hadg;iven them to me 
 at an earlia- period. Your absence too from St. Johns, 
 
 aitlioiigh I was kepi in ignornnct of the same (officinlly) for 20 iity$ 
 after There ib from Mr. C'ocbran^s coiicliuling line, n strong jtresump' 
 tion (hat Genernl Bamuiif put into the hHn(l<;of the Collector on 5llt 
 j4pril (hnt letter of ^9tb IMarch which he murk!« af« not being received 
 by him until the 16/A Aprii — at »\\ event', Mr. C'ochran% second letter 
 of 8(h April mii^t in due conrM' of yof^t have been in hit: hands on tlie 
 11th or 1£Ui of the month: Hnd either be«>n coQimunicated to me, I 
 should have bad /tnie to take mea!iiii'e!< for necurinj; that remuneration 
 Hiti Excellency evidently intended I should receive. 
 
 * I request the reader to r«fer to thit passage whco reading^ my de- 
 fence io |>age 59» 
 
 It' 
 
 . I 
 

 S'i 
 
 M 
 
 n 
 
 ^tirJn^ the whole titne the Phccnix remained here thi« 
 trip, witli Mr. Lindiiay'a assurance to mc, that /ir could 
 jrive or sign no document for my guidance, until your 
 return, lel't to nie no other resourse than that of taking 
 llnj he^t and safest legal step my judgment presented, 
 ihpt ct protest imr against the Boat's departure, until such 
 time as my claim had been adjusted. This I did when 
 General Ikrnum did not come forward in reply to my 
 letter to him, and while the Custom House here was 
 without its head for me to communicate witli. Your re-» 
 turn, a few minutes previous to her leaving Port, I did 
 not know until I attended as usual at the office. 
 
 I an;i sure, Sir, under all the circumstances of the case, 
 you will join me in thus regretting your absence at so 
 critical a time, wliich absence I cannot believe to have 
 been intentional, or witli any view of its further embar- 
 xassing me. Yi)u knew my sentiments on Monday last;* 
 that I had in no possible way relinquished my claim; 
 and the j/toted of lust night records the fact, I presume 
 it was presented to vou on your arrival, therefore, any 
 taking away of the Boat by General Barnum, Captain 
 Sherman, or any olher individual, was without my con- 
 sent, contrary to the purport of his Excellency's com- 
 mands, and, in a^ far as respects me, I should imagine* 
 » very illegal act 
 
 I have the honour to l)e. Sir, 
 
 With much consiileratien^ 
 Your most obedient humble servant, 
 BART. TIEUNKY. 
 To Wm. Macrae, Esq. Collec- 1 
 
 tor of the Customs, St. Johns. J 
 
 I was immediatLly advised to take the proper legal 
 »teps for the prosecution of my claim on the Pheenix; 
 but I .still preferred an appeal to his Excellency the Go- 
 vernor in Chief, whom, I had reason to believe^ did not 
 
 * WhcM he very kindly ndvi^pd mc to take " what I could get from 
 General Barnum, lest I fihr.uld <«e/ nofhiiig,*^ this U'd to the dciiiHiul far 
 any " in*triicti(i:i«(," &c. (diMii< d to me on ihn pi«a in i\m tetter) I »aid 
 1 wotiiil vet'tr relinqui^h my uluim, or accept <>uch offer as bMil hfpn 
 Blade me by the e;eneral, or i'lNteii to any (jropasat whatever, until I «c- 
 tually saw my authority to do so from iht Governor. 
 
 Hail thn C'ollr«tur, or luul he not, a letter or iettenithen m hU handle 
 iiopie!« of which would hava full} iuslructed me b<>w to a«t if i/t«n sivea 
 to mcP - ,v . -'.-. ,., .-..'- ^y.,-:- 
 
S3 
 
 Icnow the trentment I had received, t therefore address-* 
 
 ed to him tlie following letter. 
 
 .• ',» • 
 
 , - I [Document No. 21.] 
 
 "\ Po?'l SL Johnsy 26th May, 1823. 
 
 My Lord — Gy the tenor of two letters^ bearing dates^ 
 29th March and 8th April last, addressed by your Ex- 
 cellency's command to the Collector and Comptroller of 
 this Port, to which I was referred in Mr. Secretary 
 Cochran's letter to me of 19th April, as expressive of 
 your Excellency's final determination regarding the 
 Steam Boat Phoenix, (but which letters I did not see un- 
 til after that vessel had been cleared out on the morning' 
 of the 25th At)vd») I found myself in a great measure res- 
 tricted from further troubling your Excellency on that 
 subject. The conduct observed towards me^ respecting 
 those letters, and the matters subsequently occurring, I 
 have reason to believe, are eithef npt known to your 
 Excellency, or that they have been incorrectly reported. 
 1 presume then, once more, to bring the affair under 
 your Excellency's consideration, fully persuaded that 
 you cannot fail feeling highly indignant that so little 
 regard has been paid to yOur Excellency's wishes, or 
 deference to your decision, by the proprietors of that for- 
 feited vessel, to whom you have been pleased to show so 
 much leniency. Up to this hour, I am without ^* remu- 
 neration" for the " fair claim" your Excellency was of 
 opinion I had on that seized vessel, and which you al- 
 lowed me to settle with the proprietors, if I pleased, by 
 private agreement. The Collector, was absent from St. 
 Johns on the 23d April, when the Phcsnix came into 
 Port. I had that moment received Mr. Secretary Coch- 
 ran's letter of the 19th. After some intreaty, I succeed- 
 ed in obtaining from the Comptroller, an extract, of 
 part of a paragraph, of a letter, unsigned and undated t 
 yet, on the strength of this no-document, ventured on 
 writing a propos^ to General Barnum for an amicable 
 adjustment. This gentleman did not accord me the ci- 
 vility of an answer; read my letter (as I was afterwards 
 informed,) to a circle of diimkqn boors in a common tap- 
 room, and grossly abused me.^ The enclosed is the co- 
 
 Y 
 
 \ 
 
 • Calling me, V that B— kg— il Thief Ticrney,»» with other rIbaUl 
 appeiltttiotif. I hava net tince met viUh the <Mtntrat, 
 
r 
 
 31 
 
 C. 
 
 I 
 
 ("I 
 
 1>y of i leltet I addressed on the 25th April to the CoP 
 ector of the Customs, after the clearance and departure 
 of the Boat. I trust it will be found explanatory of tlie 
 transaction it refers to, and of the step I found niy>- if 
 compelled to take. In conclusion — from the 14th Se\>- 
 tember; 1822, when I had the satisfaction and lionour of 
 receiving a letter from Mr. Secretary Cochran by your 
 Excellency's command, approving my conduct, and di- 
 recting me to persevere in a prudent course, acknow- 
 ledging that I had fightly construed your Excellency's 
 l^entitnents, as expressed to Mr. Ross, (ii circiimstance 
 flatly denied by im{)lication in General Barnum'a letter 
 to Chief Justice Sewellj and, as it were, made a princi-' 
 pal ground, together with Captain Sherman's affidavit, 
 for the relinquishment of his Majesty's and your Excel- 
 lency's claims to timt seixed vessel;) I was kept in com- 
 plete ignorance of what steps were taking, or what the 
 result was. to b^, until I saw the Phoenix come in and 
 depart; All projx)sa)s made to me in the interim, (I al- 
 lude to my letters of 20th March and 14th April last,) 
 I drftifttlly dubmitted to your Excellency, presuming to 
 do nothing d^i%5e^ in the aftair. The parties concern- 
 ed had time in the interviil to create a powerful interest; 
 tis subservient to this end, my character and motives 
 have been defamed by them, to the commi!inity. tJrged 
 by that high feeling, inseparable from the character of a 
 British Nobleman, your Excellency doubtlessly disdain- 
 ed to gain at the expense of those, whom you were led 
 to believe innocent sufferers; and the advantage I had 
 by \aW a right to, (if the taunts and declarations of those 
 alK)ve are to be listened to as truths,) is to perish with it. 
 Your ExceMency's merciful decision it does not become 
 me to question; I shall only say^ that the dependence I 
 have ever placed on your justice, still remains, and leads 
 me to hope, that you will interfere and order satisfaction 
 to be made to me; a matter I shotdd not now so strenu- 
 ly seek, but for the evils brought upon tne by the con- 
 duct I complain oi\ and because that nothing has occur- 
 cd to alter my sentiments of the circumstances atten^ling 
 that seizure, since reported to your Excellency in Sep- 
 tember last. Had 1 then published that justification of 
 my conduct, a sketch of which I submitted for your Ex- 
 cellency's perusal, and followed it up by the ev^ences I 
 tould have then easily collected, your Excellency had 
 
iX- 
 
 1 
 
 55 
 
 per1iap$ never heard of such a document as the affidavit 
 of Captain Sherman, " that the taking off' the Boat, and 
 the King's troops, was tlie act of his servants and crew, 
 and wholly unkmrnn to him.t hut «]fhniu»K ,.«..♦..:-. • 
 
 <f'^j^ .^^ 
 
 
 
 WJ>y^ / 
 
 ^v 
 
 /. 
 
 y i 
 
 /^2 A^-t^4 
 
 rv/. 
 
 
 
 ^*jrf// /^ 
 
 -M/Uit\. 
 
 ...^ .>^<».«.ciiv.<ic^ tiie iiiarl \ 
 Dalhousie, Governor in > 
 Chief, &c. &C.&C. y 
 
 '■: ■' '"'• •'■';; •': [D0CU»teNT No. 23J • ■■ • '" ' 
 
 '\ ^^ Castle of St, Leuois, \ 
 
 •'- Quebec, 2djuney IS2S, ) 
 
 '. >• 
 
 Sir-— I am directed by his Excellency the Uovernor in 
 Chief, to acknowledge the receipt of your letter to him of 
 26th May, with the accompanying documents respecting 
 the arrangements for the release of the Steam Boat Phoe- 
 nix, and to acquaint you, that his Excellency considers 
 
 .r. . 
 
 * It ill not a little rettinrkable thnt im media t«1y after tfre General bad, 
 in t\\\t honourable way, managed to bring in the boat, and put beyond 
 diopiiie the immaeutale iniegrily of hit fritnd Caplain Sherman^ be iotd 
 out all his shares in the Phcenis, and eeated to be one of the proprietors. 
 I rather suspect fln o/ /ltff^ tyirf(pdMa^whom I ggii/rf pq^yig (oolc the Gene- ■ ' 
 
 raf^ahint, and witbiirew' Ats sAarcrfrom the tirro. '' A giant in know- 
 ledge is seldom to be met with in Vermont; but in no country peiv 
 haps are the people more praelieally knomng in their conmov occupa- ' - 
 
 tion8.»» SpaJortVs Geography, . A9 ^ ^ / " // ''^/^///i/ 
 
 r« 
 
a 
 
 SI 
 
 py of a letlef I uiUlrcssetl on the 25tli April to ilu: CoP 
 lector of the Customs, after the cleuruiice ami departure 
 of the Boat. I trust it will be found explanatory of the 
 transaction it refers to, and of the step I found my? If 
 compelled to take. In conclusion — from the lith 8ej)- 
 tember; 1822, when I had the satisfaction and honour of 
 receiving a letter from Mr. Secretary Cochra»» *• 
 Excellency's command, approving m'^ ^ aC^^ 
 
 ^ec^ ing me to persevere inn- / / /7^ ^ . / 
 
 ledging that I had f-' / ,^ U /^ ^ ljf /^^^ ' 
 
 iciitinients. 
 lenc 
 
 ^f 
 
 h 
 
 resoir 
 
 depair> 
 
 lude'k .H* 
 
 Idrfttfi 
 
 do ndtit . / / 
 
 edL-^d^^-"*^ 
 
 as sub& ^ 
 
 o^ 
 
 Z 
 
 ^>^ 
 
 have been 
 
 by that hl^ 
 British No^ 
 ed to gain a 
 to believe ii 
 
 /- 
 
 r--i 
 
 .1/ 
 
 ^^er of a 
 -otiessly disdain- 
 .-.^»e, whom you were led 
 .ucicrers; and the advantage I had 
 by law a right, to^ (if the taunts and declarations of those 
 alwve are to be listened to as truths,) is to perish with it. 
 Your Excellency's mercifHl decision it does not become 
 me to question; I irfiall only say^ that the dependence I 
 have ever placed on your justice, still remains, and katla 
 me to hope, that you will interfere and order satisfaction 
 to be made to me; a matter I should not now so strenu- 
 ly seek, but for the evils brought upon me by the con- 
 duct I complain of, and because that nothing has Occur- 
 cd to alter my sentiments of the circumstances attentling 
 that seizure^ since reported to your Excellency in Sej>- 
 tember last. Had 1 then published that justification of 
 my conduct, a sketch of which I submitted for your Ex- 
 cellency's perusal, and followed it up by the evj^dences I 
 ^ould nave then easily collected, your Excellency had 
 
•'•f 
 
 C3 > 
 
 perliap$ never heard of such a document ns the oflidAvlt 
 of Ciiptuiii Slierumii, ** tluit tlie taking ofi' tlie Boat, and 
 the King's troops, was the act of his servants and crew> 
 and wholly unknown to him} but although certain consi- 
 derations have removed some, and deatli, others, from 
 this place, the law, I humbly imagine, leaves mey with 
 respect to the seized vessel, as I was the hour I seized it; 
 ana that your Excellency will be graciously pleased to let 
 me have all its benefits, I have no manner of doubt. — 
 Th^ assertion in General Barnum's letter to the Chief 
 Justice, " Mr. Tierney, who is how desirous of relin- 
 quishing his clainij"* is a most shameful dereliction from 
 truth, but quite consistent with all that has fallen under 
 my observation, in my communication with that gentle- 
 man. I intreat your Excellency's indulgence for this 
 freedom of style, and waiting, as I must do, with anxie- 
 ty, your favourable notice towards my afiair. 
 i have the honour to be, 
 Mv Lord, 
 Your Excellency's moist res()ectful, ' 
 
 ^ "Very humble and obedient servant, 
 
 BART. TIERNEY. 
 ^ b his Excellency the Earl 'J 
 "^ Dalhousie, Governor in > . ' .. ,< 
 
 Ghiof; &c. &c. &c. ) - V •■ ; ' ^ ■{ 
 
 If. 
 
 [Document No. 1^3.] 
 
 ''' ,j Castle of St. Ldxis, \ 
 
 ' ' ' Ctuebecy 2d June, 1823./ 
 
 Sir— I aiii difeicted by his Excellency the Governor in 
 Chief, to acknowledge the receipt of your letter to him of 
 26th May, with the accompanying documents respecting 
 the arrangements for the release of the Steam Boat Phoe- 
 nix, and to acquaint you, that his Excellency considers 
 
 
 * It id not a little remnrkable thnt immediately after tire General had. 
 in i\i\%. honourable way, manaj^ed to bring io the boat, and put beyond 
 ditipiile (he immaculate integrity of his fritnd Captain Sherman^ be toUi. 
 out alt bis shares in the Photnix, and ceased to be one of the proprietor!. 
 I raiher nuxpect fln p /fcgr twrf ytirfufl^wboin I eottld name took the Gent' ' 
 
 rfl ''*/«>»!, and wifhiirew' his shares ^rorn ibe firm. **A giant In know- 
 ledge ii geldom to b« met with in Ytrmont; but in no country per* 
 haps are the people more praeiieaUjf kwuing in their coinmov gccupa- . 
 
 lion«.»» Sfajror(Ps Geography, . yr* -*- " , ^ ^/ ^^/^/J/t/ 
 
 
 /A< 
 
 J'^^mC ^'W--*^'^ '^^'' ^ ^-^ '' * '"'^ ■" 
 
 rrrsE 
 
:miw»^j^;' 
 
 7 
 
 56 
 
 the subject at an end, as far as liis interference is eon- 
 eerned. * - 
 
 I liave the iionour to be, Sir, ^ 
 
 * Your most obedient humble servant, 
 
 A. W, COCHRAN. 
 vMr. B. Tiernev, St. Johns. • ' ' ' 
 
 Upon the receipt of this letter, I made uj) xx\^ riind to 
 tommence legal proceedings for the recovery of whaty 
 iinder the peculiai* circufnstances of my case, I consider 
 my juU and acknonsoledged fight. This detenniiiation, 
 becoming known to, or at least suspected, by certain in- 
 tei'ested. and adverse parties, was immediately productive 
 of fresh plots to persecute, defame, and deprive me of 
 my situation in good time. I do not hesitate aeknow* 
 ledging, that I have been so unfortunate during the three 
 5*ears I held the situation of Guager at St. Johns, as to- 
 be unable, either to discharge or liquidate a fexv debts, 
 conti acted prior tr my appointment to that office. In 
 consequence of some malicious report-s being spread in 
 Quebec, that I was in- circumstances f to pay, but unwill- 
 ing to do so; one creditor thought proper to sue me, 
 and an execution against my effects was actually levied 
 in St. Johns, at the very time X of the late Jjacas between 
 me and the Collector of t!*e Customs; winch led to the 
 following correspondence with Government, and my con- 
 sequent dismission from my situation in the Customs. 
 
 f r ' : 
 
 [Document No. 23.] 
 
 , . - Castle of St, Lewis, Quebec, 2Tlh August, H22> 
 
 ^ Sir — The Collector at the Port of St. Johns having* 
 inade a complaint against you, i^ubstantiated by affidavit, 
 of gross aiid insulting language, used by you to him, in 
 the Custom House, when in the discharge of his duty, 
 togetlier with other allegations of misconduct; I am di- 
 rected by his Excellency the Governor in Chief, to de- 
 sire that you will forthwith repair to Quebec, to clear 
 
 * Leaving it to me (by >.nf«rence) to seek my right the best way I 
 eontd. 
 
 i" Arisinfr from my projitable seizure of the PhcBnix ! 
 
 ^ Thu Collector Was aware of the painful situation of my family. 
 A man of any humanity' or deticacj/ hail a caidcd any (iis|iute 9r ini»ult- 
 itig iaDjguage at such a crieis. " ->-'s -f- ,.,,.' ?^' 
 
 .te- 
 
 --^^^^hjii^r^'^- ■ ■kt*K*:'-'-<itmH6n>fi^U*fmr'^rt, ■< 
 
^v 
 
 k*. * •' 
 
 ■ef 
 
 >lt- 
 
 yourself of those charges, if you have any defence to 
 ^iiake. ' 
 
 I am, Sir, your most obedient servant, 
 A. W. COCHRAN. 
 Mr. B. Tierney, St. Johns. 
 
 Particular circumstances rendering it inconvenient 
 (or rather impossible,) for me to proceed to Quebec; 
 and as an affidavit was the mode of preferring a com- 
 plaint against nie, I considered I might resort to the 
 same, to rebut the accusation: accordingly made mine, 
 touching the facts of the case, before Mr. Decoigne, Ma- 
 ^ "strate at L'Acadie; which affidavit, with such defence 
 as I could justly offer, I directly transmitted to Mr. Se- 
 cretary Cochrf^n. I subjoin copies of both papers. 
 
 [Docu:»iENT No. 24] 
 
 Affidavit of Bartholomew Ticrney^ Guager at Port St, 
 
 Johns. 
 
 On the 13th day of August, i823, I received informa-r- 
 tion that twenty boxes of type, with other matters, were 
 about being smuggled i:. by, or for, a person named 
 iSparhaw/c, a Printer, or Editor, in Montreal ; I sat up 
 the whole of that night watching for tliem, with the in- 
 tentioi! of seizing them as contraband; conceiving it my 
 duty. Between the hours of eight and nine, (to the besi, 
 of my recollection,) on the morning of the 14th August, 
 I saw, lying in a bateau, articles, such as my information 
 described; directly I saw a man in whose custody they 
 appeared to be putting them into a cart or waggon, I 
 came forward and seized the property. This individual 
 then stated to me, that there was ^n order from hi^ Ex- 
 cellency the Governor in Chief, that these articles, viz: 
 twenty boxes type, one box of screws, one frame or press, 
 with some printing ink, should pass from the United 
 States into this Province. I directly said I should ac- 
 company him to the Custom House to ascertain the fact. 
 On my arrival there, I informed the Collector of the 
 Customs, in proper and respectful language, of what I 
 had done. His manner towards me was insulting and 
 contemptuous, as it has generally been, these two years 
 past. He desired the man, having charge of the types, 
 .*'^ not to miiAd that fellow;'* said he had given his permit 
 
 I' 
 
 '? 
 
 'J 
 
 i 
 
 . i 
 
 i 
 
 I 
 
 ^ 
 
 
■77T 
 
 86 
 
 
 I ] 
 
 Hik 
 
 \ ■ 
 
 l);l 
 
 it-!* 
 
 to the Landwaiter, that was sufficient I endeavoured ta 
 restrain the strong irritation, his words and manner pro*, 
 duced. I observed, if such things were allowed to come 
 in, I might have been informed they were expected, when 
 of course I should not have touch tvi them contrary to his 
 Excellency's order; but that as his name had been made^ 
 use of, in many instances, to deter me from making, or 
 to give up, seizures; and as I knew his Excellency hail 
 been some time out of the Province, I requested to sc<i 
 such order, that I might obey it, othcrv.-ise considered I 
 ^ was warranted in acting as I had done. * The Collector 
 directly called me *' a a- — -d impudent scoundrel." Los- 
 ing at that moment, all further command of my temper, 
 I replied no man should use such language to mcs that I 
 
 had a mind to and would^ if he repeated it, pull his 
 
 nose; adding he was a loisyminded coward, sheltering un- 
 der his office, to insult a man \\e feared to meet in tiie way 
 a gentleman should, I instantly left the Custom House. 
 There was no person present durinrj 'hv >ercation, (that 
 I know of,) excepting the man wliu \ia.d charge of the 
 contraband property. I also swear that I cannot repair 
 to Quebec, f agreeably to the commands of his F^^el- 
 Jenpy, without l^aying my large family destitute of funds; 
 for their support, which my expe^^ses, to ^nd from Que- 
 bec, would deprive them of. All my property in St. 
 Johns is presently un^er execution, at the suit of a citi- 
 jsen of Quebec; and my last receipt pf salary, &c. neai'ly 
 expended. I have been informed by more than one 
 person, of a determination expressed in Septemuer lust, 
 and since then, by the Collector of the CustoT^is, to get 
 me dismissed, sooner orlatet-^ from my situati. ..». } have 
 no right to name those persons without theii ^. rv/ii,' sion, ^ 
 which I cannot this momept apply for. I behe i niost 
 firmly, that the Collector has long sought an opportunity 
 to urge me to some act or other that might procure my 
 dismission. I had no intention or purpose in my mind 
 
 • Dccaiife that type, for thft Editor of 9 public journal, cannot (I 
 fhould imagine) cpiiie under the dsticripiion of '* biv* own fifivale uw.*^ 
 Me \'en«ls i»nd fell? jmblicly the woik such types or pre • &c. is essential 
 in preparing and rendf ling lit for pale. 
 
 t I have heard much of the strntig i^presiiion to my di<;:<dvant8ge in 
 eoii«ei|iicn('e of not prrfienling i«y»flf at Q,iiebec. I beg to observe 
 that, iiidc^endently of iltnefsti, whir.'t obliged me to ♦•myloy a Niitary to 
 write my defence, from my dicjatiop, f ct^n^idrr that in this affidavit |! 
 reudeted^^ood and ypry iiifficieut reHscins lor not going to Cluebec. 
 
•iU 
 
 3d 
 
 A)i insulting him, without gross provocation on his part, 
 
 (Signed) BART. TIEUNEY. 
 
 Sworn before me, at L'Acadie, the^ '' 
 
 . 3d day of September. 1823. V - 
 
 Ls. DECOIGNIfi, N. P. J. P. i 
 
 [Document No. 25.] 
 
 The only defence in my power to make, admitting as 
 I have done iii the subjoined affidavit, the fact of using 
 mtemperate expressions to the Collector of St. Johns, 
 (which I am truly sorry as a gejifleman, should have es- 
 caped my lips^j) is, that they were e^^torted l^y indecent 
 and scurrilous language, used by him to me. 30th Au- 
 gust, 1822, Mr. Macrae having gave me similar gross 
 and abusive language, I felt myself under the necessity 
 of addressing his Excellency the Earl Dalhousie on the 
 subject, what defence might have then been made to 
 my just complaint, I know not. I offer an extract from 
 a letter received from Colonel Darling, then at Sorel 
 with his Excellenc}', and can declare with great* truth, 
 that it induced a most guarded conduct on my part, from 
 which I have never, until the present unfortunate in- 
 stance, deviated; although I haVe, from timie to time, 
 endured most patiently a variety of provoc^itions, which 
 I forbore reporting, lest I should acquire the name of a 
 htigant, troublesome character. 
 
 Extract: " His Excellency hopes the relative duties 
 c" the Collector and yourself, will be conducted on prin- 
 ciples tljat will render future complaint, on either side, 
 unnecessary.'** 
 
 I am perfectly unconscious of any "misconduct," or ne- 
 glect of duty, or of proper observances towards thq Collec- 
 tor, Compti^oller, or any other in^* vidual in the Custom 
 House. I have, to the best of my ability, discharged, xvell 
 and truly ^ the duties of my sitiiation, under peculiarly dis- 
 advantageous circumstances, one of which was the settled 
 and absolutely rancouroi^s ill will of the Collector, its 
 effects operating to my prejudice many ways. It may be 
 asked, why did I presuriie to require a sight of the Go- 
 vernor's order, that the goods aiiuded to in my affidavit 
 should pass? Why not instantly defer to the Collector's 
 ^yill? Simply, that in many past transactions, one in par- 
 
 \> 
 
 i 
 
 i 
 
 X^ 
 
 'A 
 
 * Sae p«j;e 15. 
 
 ^;r». s.i 
 
* 
 
 '•> 
 
 ticular, which took place 25th April Tast, respecting thd 
 clearance out from this Port of the Steam Boat Phcenix, 
 legally seized by me, the preceding August, the Col- 
 lector thought proper to state to me as fact^ a matter I 
 believed on his word to be fact^ but which I afterwards 
 foand to be the reverse of fad ^ * [J beg leave to solicit 
 Mr. Secretary Cochran to produce the copy of my letter 
 to the Collector of iSt, Johns, 25th April, 1823, and 
 transmitted to his Excellency, 26th May last, to eluci- 
 date the above.] Keferring to the conduct of the Col- 
 lector of St. Johns generallii towards me, I solemnly af- 
 firm, with the fullest sense of the sacred obligation of an 
 oath in my mind, that it has been throughout the whole 
 period of my being in office here, one continued seriesf 
 of most ungentlemanly oppession, and positive ivjury, — 
 Publicly as head of the department here, he has, as far 
 f>s lay in his power, rendered my situation almost uii- 
 jarable, as well as disreputtible; openly insulting me in 
 ihQ presence of notorious smugglers, and others, with 
 whom, in the course of my duty, transactions occurred. 
 Whenever his interference or decision became necessa- 
 ry, it has invariably been to render me contemptible, de- 
 grading, and depreciating me by publicly withholding 
 that proper support f he should have given to an officer 
 of his department, so long as the conduct of that oflicer 
 was decorous an(| lawful; in a word, constantly endea- 
 vouring to render himself popi^lar with a certain class of 
 persons, and their adherents, at the expense of my res- 
 pectability and feelings, as well as rendering my situa- 
 ation (the small annual salary excepted,) nearly profits 
 less. Privately by disseminating in all directions, where 
 it could injure., false and partial statements of my conr 
 duct and principles, by his own declarations, by those of 
 his dependants, intimates f^iid connexions. As a man to 
 be got rid of, unworthy means have been resorted to, 
 in order that I should be prejudged, and an ill impres- 
 sion created of me, in quarters where, as an humble in- 
 dividual, I ventured to look up with confidence for ho- 
 nour and justice. All this, though materially detrimenr 
 tal to my present circumstances, and future prospects in 
 
 * Peo page St. 
 
 t It i^ in my power to aili^ice nnmcrous instance^i of piich fioniliict, 
 eren tin(l<^r the ilifficutty i'f>>ppctin|s; proofs Hnit tritntsset iu support of 
 tlieoi, alluded to ia my ** Prefatory Observations*" 
 
41 
 
 ihh country^ has been conducted in a way, that law caiv 
 not reach or effectually punish. 
 
 I repose my cause with gentlemen. of honour and feel- 
 ing, who will, I trust, draw a line between the abuse of 
 power, and the deference justly due to it. ' , 
 
 BART. TJERNEY* 
 
 8t. Johns^ 
 
 [Document No. 26.] 
 
 Castle of St, Lewis, Quebec, SOth September, 18S3. 
 
 Sir — I am directed by his Excellenpy the Governor in 
 Chief, to acquaint you, that in consequence of the com- 
 plaint recently perferred against you by the Collector of 
 St. .Tohns, and also of other representations he has rer 
 ceived respecting your conduct, he finds it necessary to 
 dismiss you from the situation of Guager of that Port; 
 and your appointment pxcordingly ceases from the date 
 of the communication of this letter to you by the Collec- 
 tor of the Customs, through whose hands it is sent. 
 
 I am. Sir, your most obedient servant^ 
 A. W. COCHRAN. 
 Mr. B. Tieraey, St. Johns. 
 
 (Communicated to Mr. Tieruey, 3d October: William Macrae.) 
 
 Unable to aecount for some expressions in the above 
 letter, aware of being a long time subject to the machi- 
 nations of enemies, whose total want of principle, render- 
 ed them not the less dangerous, when they found a stan- 
 dard they might jally under securely, I felt it due to my- 
 self to endeavour to elicit, if possible, from his Excellen- 
 cy, what precise allegations were made against me, and 
 by whom preferred, I therefore addressed to his Lord- 
 ship the following letter. ^ ... 
 
 [Document No. 27.] 
 
 . Port St. Johns, 6th October, \S2B, 
 
 My Lord — ^I received from the Collector of this Port, 
 ©n the 3d instant, an official communication, dated Que- 
 bec, 30th September, acquainting me, that in ocnse- 
 quence of a recent complaint preferred against me, by 
 the said Collector, and also " other representations" re- 
 ceived by your Excellency respecting my conduct, you 
 h'tid found it necessary to dismiss nie from my situation 
 
 .1 
 
 
 lift; 
 
 
1;^ 
 
 hi 
 
 w ' 
 
 I 
 
 'M 
 
 4S 
 
 ■-■:..-r: .;'.;-, ■ \. - ^' 
 «f Guager at this Port; my appointment accordingly t# 
 cease from the day of the date of such letter being pre- 
 sented to me by the Collector of St. Johns. 
 
 Severe as I must feel this measure to be, (taking into 
 consideration the peculiar circumstances in which I have 
 been placed for some time, partly originating in the 
 transactions of the past year,) it becomes me now, only 
 to bow respectfully to your Excellency's decision. One 
 favour, however, I still venture to solicit, trusting its pro- 
 OTiety and justice fiirnishes me with an adequate excuse 
 for the liberty of preferring such request. It is, my 
 Lord, tliat you will be pleased to order a. distinct state.- 
 ment * to be made to me, what were the nature of those 
 " other representations" made against me, and by whom? 
 for, by the wording of the letter I have received, it ap- 
 pears, that to these " other representations,** in conjunc- 
 tion with the Collector of St Johns' specific complaint, 
 my dismission has been ow^ing^' v/hile I am absolutely ig- 
 norant of their extent or tendency! Your Excellency 
 will find in the rectitude and honour of your own minti, 
 an excuse for my solicitude to obtain information on this 
 point when you condescend to reflect, that my 4ismijsr 
 sion, from an office, the duties of which, during three 
 years past, I can appeal to God and my conscience, I 
 {lave endeavoured to discharge with integrity and the 
 best intentions, goes iorth to thM community amongst 
 whom it now l^ecomes necessary I should earn, bV my 
 personal exertions, an honourable support for my family, 
 coupled with an indefinite censure, that cannot fail creat- 
 ing an impression to my disadvantage, in the most candid 
 mind. Entreating your l^xcellencya gracious attention 
 to the injury my character must sustain while so situate. 
 I have the honour to be, my Lord, 
 ^ ^ Your Excellency's most obedient servant, 
 
 BART. TIERNEY. , 
 To his Excellency the Earl Dal- 1 
 
 housie, Governor in Chief, &c. J 
 
 :^i. t 
 
 .-f 
 
 ^ 
 
 * Tbe Collector^iicotiaplainl being specifically stated to me ii> tbe let> 
 ter of 2Ttb August, 1 therefore I'Kplted to it in the «am« way, and to the 
 •ther alienations of ^' iDi^tcoiKlitc't " (which I whp left to fnjteture, ai) [ 
 mint ertn now do,) gtHtraUtjy because that thty were not specifically 
 made known to mn. I will now anbinit to the jud<;uient of any renfon- 
 Rh'e man, wbciher this letter indicates ftar uf itrict icrutiny into my 
 cunduct or iht revtrte. 
 

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 Sir 
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 46 
 
 •- • [Document No. 28.] 
 
 Castle of St Lirmis^ \ 
 . " ■■' : ]■■ ' Quebec, ISth October, 1823. j 
 
 Sir — His Excellency the Governor in Chief, directf 
 xne to acQuaint you, in answer to your letter of the 6tlj 
 instant, that he took the trouble himself,* when at St* 
 Johns, to make enquiry into your conduct and character, 
 before he ^cided upon any step, in consequence of the 
 complaint lately made by the Collector against you, and 
 he found every report to be unfavourable to you. His 
 'Excellency regretted being forced, by his public duty, to 
 adopt a severe course toward^ y^^J but you are yourself 
 ^lone to blame. 
 
 His Excellency will not notice any future letters or 
 applications from you. ^^ ■ ;. • 
 
 I am, Sir, your most obedient, 
 
 . A. W. COCHRAN, 
 
 Storttari'w 
 Mr. B. Tierney, St. Johns. 
 
 Here then would seepi to rest, a most extraordinary 
 transaction. Jt will be easily understood, that during 
 three years of unceasing vigilance, as a Qustom House 
 Officer, I must have made many enemies in a place where^ 
 I will boldly assert, the majority of the inhabitants are 
 either directly or indirectly connected with that illegal 
 trade, to prevent iphich, an expensive establishment of 
 ^he Customs, consisting o^Jive officers, viz: Collector, 
 Comptroller, Guager, Senior, and .Junior Landwaiters, 
 are there placed. The sefzure of the Phcenix, with my 
 known determination of appealing to the laws for the 
 right in that seizure, I was by so much evident manage-^ 
 ment deprived of the idea gone abroad by the final issue 
 (apparently) of tnat affair, that I had lost the protectioi^ 
 
 ^ My opinion of the integrity and native goodness of Lord Palhoo^ 
 reN hejitl leirtBinnunsliakef) ; but I jiititly complain (hat a iM)\verfiil and 
 complicated inlerert Imii been lieard M^Hi^«it me (ton generally tlie lot 
 of (lie unfi'irnded man to experience) for many mnnth(<. 
 
 To a combination of malignant characterK vvlio 15 month* ago jtlnn- 
 ned my mint with ihf aid" and projit of nnmt nnd ttation, andto colour 
 over their und rwoiking baHenciifi, who have by sncueiisfitt arti) created 
 thiK intereol againut me, do 1 attribute the whole of the evil<i I have r"'*' 
 fered, nnd am now xiirering from, witli that of thuFe siilordinaU agent* 
 « bo ettectualiy likrecn their principals from view. 
 
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 ofitny ffovcrnmcnt, has added security and confidence to 
 the malignancy of those enemies. In iliis state of things, 
 a, complaint is preferred against nie by the Collector of 
 his Majesty's Customs, supported by the q^davit of tins 
 custodian of the types — a perfectly disinterested witness/ 
 His Excellency the Governor in Chief, with a gracious- 
 ness oi intention that does equal honour to the goodness 
 of bis heart and his knowledge of mankind, poust's " be- 
 fore he decides on any step, in consequence of that com- 
 plaint" He arrives at St. Johns, on his way to Isle aux 
 rJoix, and condescends to enquire into my general con- 
 duct and character; * but Jrom 'whom, or of nahat nature^ 
 were those *• unfavourable reports," received by him, in 
 ^he y cry focus of detraction and enmity toward me; re- 
 ports that rendered it his unwilling, but " public duty," 
 to dismiss me, it has not been his Excellency's pleasure 
 to disclosp. Condemned, without being made aware of, 
 or confronted, with my calumniators, I am placed in an 
 infinitely more disadvantageous situation that a public- 
 ly accused criminal, for whom the law provides this sa-r 
 lutary principle, " that no man shall be considered guil- 
 ty, until he is satisfactorily prqven to he so" By the 
 course it has been his Excellency's will to adopt, I am 
 to a certain e.vtent despoiled of my character, deprived 
 of my right as a Britisn subject to investigate and detect 
 slanderous aspersions, and from instituting, what might 
 then become my paramount duty, a p'osecuti&n against 
 certain individuals for a conspiracy to defame — a proce- 
 dure that would at once bring me and my unjnst accusers^ 
 (whoever they may be,) before that bulwark of justice — : 
 a Jury of twelve honest and impartial men. 
 
 • Ca}.>t».in Sherman, of llie Pheenin, bad the honour of heing upecis^My 
 introduced to hi;* Exieiiency the (iovArnor in Chief by the Collrctor of 
 St. Johnfl, and I am infonued the Captain hnd, on their way to lale aux 
 IVoix, a Jung conversation with \m Excellency. On his return to St. 
 Johnii I prHcentpd myoelf f«r the exprcM purpose of hnding out what 
 *'o»hi'r matters" than the Collector's complaint were K^aintt me. (I 
 was then on the spot wiih my accusern I (•hould presume) but it wn8 not 
 his Eiic«!llency'8 jrraciouM plrnpure to Aeur <nc, Next pott (I believe) 
 brought up from Quebec my dism'usion, 
 
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 APPENDIX. 
 
 «>»(i«<S 
 
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 Although rattier out of its propo' place^ I beg to pre*- 
 i^ent the nflidiivit oi' Mr. John Stewart, touching the af- 
 fair of the Phoenix. I might with little trouble collect 
 many others, notwithstanding that, this is tolerably con- 
 clusive. : ' s 
 
 " I, ^ohn Stewart;, do depose, that I remember the 
 " morning of the twenty sixth August, 1822; saw Mr. 
 *> Tierney the Custom House Officer, putting the King's 
 " mark upon the Phoenix Steam Boat; lieard him desire 
 *' the Engineer to put down the Steam; this was partly 
 *' done; afterwards * heard Captain Sherman ordering 
 ** the Engineer to keep up the steam, and have every thing 
 " ready for starting, as he was going to Montreal to give 
 *' bonds for the Boat. The Steward of die Boat came up 
 *' to me, and asked me if I was going passenger to White 
 ** Hall; 1 said I was not; he then told me to go ashore 
 immediately, as the Boat was to go off^ directly. Cap- 
 tain Sherman was standir g a few paces from us. The 
 Steward spoke to me with a load voice. I was a stran- 
 ** ger in St. Johns at the time, and went on board the 
 *' Phcenix, as well as a number of other persons, to see 
 ♦' \\fhat was going forward about the seizure. 
 
 (Signed) .. 
 
 ** Sworn beifore me, nt Ij'AcaJie, the ) 
 
 •*I^.DECOlGNE,N.P.J. P.") / - 
 
 . The following papers I am induced to Insert, in order 
 to shew that I neglected no opportunity (after tlie ap- 
 pointment of the present Collector and Comptroller at 
 
 66 
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 *i 
 
 " JOHN STEWART. 
 
 I I 
 
 
 * This was when Captain Shermnn, fitutinis; the bonds were- to be 
 0vvn III Montreal, reqnestett his trunks, and retiirntd into iho PlucaiK 
 to ordef then a»Uore, and give the nece&ftui y directions to his f eo] Jr. 
 
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 ftt Johns,) to obtain a remrval from that t)lacc, us well 
 as to put down some of the petty scanduls now in res- 
 pecting me. 
 
 ' Fori Sti Johns, Wh December, 1822. 
 
 My Ixird — I most humbly entreat your Excellency to 
 pardon the liberty of nddressinc you by private letter, 
 instead of a petition, or memofial, the stylr it woultl bo 
 most proper to observe. I resort to it as the easiest 
 means of laying my situation before you. When your 
 l^xcellency hiurthe goodness to appoint me Guager at 
 tliis Port, Colonel Ready held out to me the strong pro-. 
 l)ability there was, that, should my conduct and activity 
 deserve approbation, I might expect [)romotion, whene- 
 ver the then Collector became deceased; seniority in 
 cftice being the governing principle (where conduct was 
 worthy,) in the department. On Mr. Lindsay's demise, 
 I did presume to apply fof the ComptroUership. By 
 conferring that oiHce on his son, your Excellency doubt- 
 lessly carried in your mind the mtifgrity and long service 
 of his *[X}orthy father. By the death o'' ^r. Beek, (grand- 
 father to the present Comptroller of I jhns,) Mr. Wil- 
 liam Hall, it is reported, is to succeed him in office, and 
 there is an opportunity for your promoting me to his si- 
 tuation of Waiter and Searcher at Montreal, should it 
 not interfere with the just claim and expectation of any 
 otlier man. Should none such exist, I entreat yottr Ext 
 cellency to generously appoint me. My salary is small, 
 £40 a year; no house rent attached, my other emolu- 
 ments uncertain; * on this income, a family of seven per- 
 s;ons solely depend for support. Although still a young 
 man, I have, in one capacity or other, served his Majes- 
 ty nearly sixteen years. * * * # * 
 
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 I can v/ith confidence refer youT Excellency for my 
 approved conduct in these several situations to Deputy 
 Coiinnissary General O'Meara, and Commissary Gene- 
 
 * '1 iie Mtuatioii might Fiave averaged about /*7j a year. 
 
 The pncfini^e markfii with ooterickft, rclRting wholly to early life and 
 t'lmily atfairti, 1 expunge, ax not interesting to Iht public. Any genlle* 
 man, hou'fvrr, willing to sent me, oicy see the original ttlUr^ aad re- 
 
 tk;ive the tfuila»t cxplauation. 
 
47' .-. ■ 
 
 f«il 8ir WilHuni Ilobinson. For mAmj reaions my si- 
 tiititiuii here is truly umomfrntablc^ aiul 1 would miullv 
 txcliunge it (if for the benefit of my family,) lor al- 
 most aii^ other. (,)bedient to a former command of your 
 Excellency, forbids my entering further on this subjecti 
 Were* I a single man, my Imbits being frugal, I should 
 not perhaps be so forward in s.-eking promotion, but 
 I find it nearly impos»>ible to maintain my family and 
 give them the common decencies of life. My wife, born 
 jind brought up in the r/nk of gentlewoman, has suffer- 
 ed tlie evils of our destiny, with great patience: I see her 
 health declining, and cannot aitord her the comforts she 
 stands in need of. * I trust this appeal to your Excel- 
 lency's feeliiig and goodness, may have its efi'ect. Most 
 gratefully shall it be Appreciated by me. 
 
 I um, my Lord, with dutiful respect, 
 
 Your Excellency's most humble and 
 '''',, Obedient servant, 
 
 BAiri\ TIERNEY. 
 To his Excellency the Earl "J 
 
 Dalhoii^ie, Governor hi > . . 
 
 Chief, &c. &c. &c. ) 
 
 i 
 
 CaHle of St. Lewisy ) 
 ■■' , • Quebec, iU/i lii'cetnber, lS22/f 
 
 Sir — I am directed by his Excellency the Governor in 
 Chief to inform you, in reply to your application for the 
 situation of Waiter and Searcher at Montreal, tliat lie 
 caimot give you any hope at pr^-aent of your being re- 
 moved from the situation you now hold. . v 
 
 I am, Sir, 
 Your most obedient liumble servant, ^ 
 
 A. W. COCHRAN. " 
 Mr. B. Tieriiy, St. Johns. 
 
 V 
 
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 v! ' i HeddisJis Hotel, Jeimyn Street ^ \ 
 , , , UthMarc/i, 1814. • j 
 
 Sir — Extreme hurry of business prevented my imme- 
 diate attention to your note of tiie 10th instant. 7'he 
 Certificate you require of me, I herewith enclose. 
 
 * This ivae at the tirac an absolute fact. 
 
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 If you can point out any specii!*! service in my power 
 to render you> I shall be very ready to serve you. 
 
 I am, Sir, your most obedient humble servant, 
 
 M. D. O'MEARA. 
 B. Tierney, Esq. \ 
 
 IS, Brid^'e Road, Lambeth. J 
 
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 " CERTIFICATE. 
 
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 " I Certifv, that Mr. Bartholomew Tierney came out 
 to me, to Cadiz, in the spring of 1810, witb^e strong- 
 est possible recommendation from Major C5ten'l. Ross.' 
 I directly gave him employment in my department as 
 acting Clerk in charge, and Storekeeper at Isla de 
 Leon. The situation was one of considerable trust. 
 I cannot speak too highly of his attention to duty, 
 steiuly deportment, and strict integrity. Mr. Tierney 
 left the department to proceed to England for the re- 
 covery of his health. 
 
 (Signed) «M. D. O'MEARA, 
 
 " Deputy Commissary GeneraV 
 "London, 1 6th March, 1814." 
 
 I reentered the Commissariat service in 1814, in a cer- 
 tainly inferior situation to what I had heretofore heldy 
 but beino- the only thing then vacant, (unless for com- 
 tnissioneJ officers,) I accepted my appointment in Lon- 
 don, April 1814, aud came out to Quebec. Commissary 
 Genci-al Sir William Robinson, when leaving Canada, 
 placed me with the usual allowances and increased pay> 
 on the peace establishment. On his arrival, his succes-^ 
 »or in office, Mr. Commissary General Wood, reduced 
 these, as well as the appointments of several other indi- 
 viduals. I left the department finally in 1819, not for 
 *' breach of t?-mt,'' " neglect of duty^^ or " misconduct, 
 but in consequence of the stilj further reduction whicfj 
 then took place. .1 ;< 
 
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