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 THE 
 
 
 A. 
 
 CRIMINATING COMPLAINT 
 
 O F 
 
 THE PROPRIEI-ORS 
 
 O P 
 
 The island of St. JOHN, 
 
 WHOSE LANDS WERE CONDEMNED AND SOLD IN 1781, 
 
 ON THK 
 
 PRETENCE OF ARREARS 0|? QIJIT-RENTS, 
 
 AGAIN ST 
 
 *^ 
 
 GOVERN O R PETERSON 
 
 AND OTHERS; 
 WITH 
 
 T^E REPORT 
 
 F T y E 
 
 RIGHT HONOURABLE THE LORDS OF THE 
 COi4MITTEE OF COUNCIL, 
 
 For hearing Complaints, $cc. from the Plantations. 
 
 ''"''.■' AND 
 
 HIS MAJESTY'S ORDER TI^EREUPON. 
 
 LONDON; 
 PRIKTED IN THE YEAR M.DCC.LXXXi;^ 
 
 
 
 
 
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 P E 
 
 KING 
 
 T I T I O N 
 
 TO THE 
 
 IN COUNCIL, 
 
 FO ft 
 
 Leave to prefer Articles of Charge againft the 
 Governor and feveral of the Members of the 
 Council of St. yobn's Illand, in the Gulph of 
 Sl Lawrence, North America; pefented in Aprii 
 1787. 
 
 
 ';l 
 
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 T O T H E 
 
 KING'S Moil Excellent MAJESTY 
 
 in Council : 
 
 ne MEMORIAL of your Majesty's Liegt 
 Subje5is, the Proprietors of Lands in the Ifland of St. 
 John, in the Gulph of St, Lawrence, whofe Names 
 are hereunto fubfcribedy 
 
 MOST HUMBLY SHEWETm 
 
 1 H AT your Memorialifts, deeply 
 and gratefully imprefled with your Majefty's 
 condefcenfion, in attending to the repeated 
 Memorials reprefenting their injuries and grie- 
 vances, and with your Majefty's gracious in- 
 terpofition and benevolent intentions, repeat- 
 edly exprelTed for a redrefs of the injuries 
 complained of, feel, with the utmoft con- 
 
 A 2 cern, 
 
 I 
 
 
 i 
 
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 i 4 3 
 
 ccrn, the neceflity of laying before your Ma- 
 jefty, in a criminating point of view, the 
 'njuftice and high mifdemeanour of your Ma- 
 jcfty's officers in the faid ifland, in their whole 
 deportment and condudl towards your Memo- 
 rialifts, and other the injured and opprelied 
 Proprietors of the faid ifland, and in interfe- 
 rence with, and obftrudlions given to, the car* 
 rying into execution the benevolent and gra- 
 cious commands of your Majefly for our re- 
 lief; 
 
 We beg leave moft humbly to folicit your 
 Majefty's permifTlon to lay before your Ma* . 
 jefty's Privy Council, Charges "'^ainft his 
 late Excellency Walter Patterfo ^fq, late 
 Governor, now his Honour the Lieutenant- 
 Governor, of the laid ifland of St. John; 
 Philips Calbec, Efq. your Majefly 's Attorney- 
 General in the faid ifland; Thomas Wright, 
 Efq. your Majefly 's Surveyor-General in the 
 faid ifland; William Nifbet, Efq* your Ma-* 
 jefty*s ading Receiver-General in the faid 
 ifland; William Townfend, Efq. Colledtor 
 of your Majefly*s Cufloms, and Naval Officer 
 ofthefdid ifland; Captain George Burns, and 
 John Ruffell Spence, late adling Provofl; Mar- 
 fhal in the faid ifland; whether as contrivers, 
 
 I promoters. 
 

 t 5 ] 
 
 promoters, aiders, or abettors, of injaflice and 
 high mifdemeanours. 
 
 First, In rcfpedt to various oppreflions 
 ufcd, and praiflifcd, againft your Majefty*s fub- 
 je<fls, the Proprietors of lands in the faidifland^ 
 in the condemnation, confifcation, putting up 
 to fale, and purchaling, of fevcral lots of thcif 
 lands, unwarrantably and illegally, to the great 
 injury and opprellion of the Proprietors. 
 
 Secondly, In refpedl to violations of knowrt 
 and pofitive laws, by difpeniing with the re- 
 quirements of public adls, and fubftituting 
 their own arbitrary orders and regulations, to 
 forward their illegal and oppreffive proceed- 
 ings in refpedl to the condemnation and fale 
 of thefe lands. 
 
 
 II, 
 
 1 » 
 
 1 
 
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 :8, 
 
 Thirdly, In refped to proflitution of the 
 facred fundions of juftice to fpecious and 
 colourable, though ill-founded, warranties, or 
 juftifications, of their illegal and oppreffive 
 proceedings. 
 
 Fourthly, In refpcd to their unjuftifiable 
 and interefted, concerted, and pre-meditated 
 
 fchemes. 
 
 
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 ■a— MtM«MWW»i T-giriMBIittriai 
 
[ 6 ] 
 fchemes, for fufpcnding, counterafling, ana 
 difcbeying, your Majefty's pofitive commands, 
 gracioufly intended for the relief of your Ma- 
 jefty's fubjedlSj under the complicated oppref- 
 lions which had been manifcfled to your Ma- 
 jefty's Honourable Privy Council. 
 
 And, LASTLY, in refpedl to their contriv- 
 ing, promoting, aiding, and abetting, the fram- 
 ing and pafling an Adl of Aflembly to fupport 
 and confirm their proceedings, under all their 
 jicknowledged illegality and irregularity; and 
 contumacioufly confenting thereto, in order to 
 fcreen thtmfelves under colour of law, though 
 in direct oppoiition to your Majefty's pofitive 
 and peremptory commands, and in breach 
 and violation of every principle of juflice; to 
 the further and greater oppreflion of your Ma- 
 jefly's fubjc(!^s, and the fubverfion of all order, 
 decency, and good government, in the faid 
 ifland. 
 
 ChakgeS which yout- Memorialifts are 
 ready to fupport, and prove, before your Ma- 
 jefty's Privy Council, under the indulgence of 
 your Majefty's royal favour; humbly hoping, 
 that if any mifdemeanours of fuch high cri-- 
 
 minai 
 
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 [ 7 1 
 mlnal Import fliall, on the inquiry, be found 
 to ^ave cxiftence, your iMcmorialifts will ex- 
 perience your Majcfty's further gracious inter- 
 pofition, in difmiiUng thefe officers fiom their 
 rcfpedlive employments, under fuch marks of 
 your royal difpleafure as are due to their de- 
 merits, and in the protedion of your Memo- 
 rialifts, and other the injured Proprietors, in 
 all their juft rights, and reftoring order, and 
 good government, in the faid ifland; 
 
 
 k 
 
 And in fuch further relief as to your Ma- 
 jefty's wifdom fhall feem meet : 
 
 I 
 
 And your Memorialifls (hall ever pray, &c. 
 
 I are 
 [a- 
 of 
 
 ("§» 
 cri^ 
 
 hial 
 
 Under thefe fivQ General Heads, twenty 
 fpecific Articles of Charge were refpedively 
 arranged, upon which the Right Honourable 
 the Lords of the Committee of Council for 
 hearing complaints, &c. from the plantations, 
 made the following Report, confirmed by his 
 Majefty in Council. 
 
 j^t 
 
 1^' 
 
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[ 8 ] 
 
 ^t the Court at Weymouth, 
 
 tU Sth of Augujl^ 1789. 
 PRESENT, 
 
 The King's moft Excellent Majesty, 
 
 Duke of Lfeds, Earl of Courtown, 
 
 Marquis of Graham, Mr.ChanccllcroftheExchequer, 
 
 Earl of Chesterfield, Mr. Secretary Grenvillr, 
 
 Earl Howe, Mr. Comptroller. 
 
 dUUl^C^ECI^^^ there was this day read at the 
 Board a report from the Right Honourable 
 the Lords of the Committee of Council, for 
 hearing complaints, &;c. from the plantations, 
 dated the 24th of laft month, in the words 
 following, viz. 
 
 •• Your Majesty having been pleafcd, by 
 your order in Council, bearing date the 
 4ih of May, 1787, to refer unto this Com- 
 mittee, a Memorial of your Majefty's liege 
 fubjeds, Proprietors of lands in the illand 
 of St. John, in the Gulph of St. Lawrence, 
 *• whofe names are thereunto fubfcribed, ex- 
 fe ** prefling 
 
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 prefTing their jufl fenfe of your Maje(ly*9 
 gracious intcrpofition, and benevolent in- 
 tentions, repeatedly expreffed for rcdiefllng 
 the injuries complained of by the Mcmoria- 
 ** lifts; and fubmitting, in a criminating point 
 of view, the injuiUce and high mifdcmcanors 
 of Walter Pattcrfonjlifquirc, (late Lieutenant 
 Governor of the inland of St. John) and 
 others, the Members of your Majefty's 
 Council for the faid ifland, namely, Philip 
 ** Calbeck, Efquire, your jMajefly's Attorney 
 " General; Thomas Wright, Efquire, your 
 ** MaJcAy's Surveyor-General; William Nifbett, 
 *' Efquire, your Majeity's adting Receiver- 
 •* General; William Townfhend, Efquire, 
 *' Colledlor of your Majefty's cuftoms, and 
 ** Naval Ofhcer; Captain George Burns, and 
 *' John Ruflell Spence, late adling Provofl- 
 " Marfhall in the faid ifland; not only in re- 
 *• gard to various oppreffions ufed and pradlif- 
 ** ed againft your Mcijefty's fubjedls, Proprie- 
 " tors of land in the luid iiLmd, in the con- 
 " demnation, coi fifcation, putting up to fale, 
 " and purchafing, feveral lots of their lands 
 " unwarrantably and illegally; but alfo with 
 *' refpcdl to their unjuftifiable, interefled, and 
 !* premeditated fchemes for fufpending, coun- 
 
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 terafting, and difobeying your Majefty'g 
 pofitive commands, gracioufly intended for 
 the relief of the Memoriallfts, under the 
 complicated oppreflions, which have been 
 manifefted to your Majefty and your Privy 
 Council; and, particularly, for that the fe- 
 veral perfons before-named, have contrived, 
 promoted, aided, and abetted, the framing 
 and pafling an Adt of AlTembly, to fupport 
 and confirm their former proceedings, under 
 all their acknowledged illegality and irregu- 
 larity, and have contumacioufly confented 
 thereto, in order to fcreen themfelves under 
 colour of law, though in diredl oppofition 
 to your Majefty's pofitive and peremptory 
 coaimands; and concluding in a prayer, 
 that, if any mifdemeanors of fuch high cri- 
 minal import fliall, on inquiry, be found 
 to have exifted, your Majefty would be 
 pleafed to difmifs the faid officers from their 
 refpedive employments, under fjch marks 
 of your royal difplealure as are due to their 
 dements : The Lords of the Committee, 
 in obedience to your Majefty's faid order of 
 reference, did, on the 8th of Auguft, 1787, 
 take into confideration the faid Memorial, 
 together with a further reprefenlation from 
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 *' the Memorialifts, fpecifying more In detail 
 the feveral charges againfl: your Majefty's 
 faid officers, and thought proper to diredl 
 copies of the fame to be tranfmitted to the 
 parties complained of, and to require them 
 feverally to return their anfwers to the faid 
 Charges, 
 
 *' Before the Lords of the Committee pro- 
 ceed to offer their opinion to your Majefty 
 upon the condudl of the parties feverally 
 complained of, they deem it neceflary to lay 
 before your Majefty a ftate of the cafe from 
 the beginning, and of the proceedings had 
 before your Majefty in Council upon this 
 fubjedl, and alluded to by the Complainants 
 in their prefent Memorial. 
 
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 *' The Committee find that, in the year 
 1774, an'Adl was paffed in the ifland of 
 ** St. John entitled ' An A61 for the efFec- 
 ' tual Recovery of certain of his Majefty's 
 ' Quit Rents in the Ifland of St. John,' 
 which Adt was confirmed by your Majefty 
 in March, 1776, 
 
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 ** That in the year 1781 another A(fl was 
 pafTed in St. John's of the hke tenor, en- 
 titled • An A<ft for enforcing the Payment 
 ' of his Majefty's Quit Rents due, or which 
 
 * might become due, within the faid Go- 
 
 * vernmentj and to authorife the Receiver- 
 
 * General to recover the fame by Sale of the 
 
 * Lands, or otherwifej' which Adl contained 
 a claufe fufpending the operation thereof, 
 until your Majcfl:y*s pleafure fhould be 
 known. 
 
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 ** This Adl, together with a letter from 
 " Lord Sydney, at that tims one of your 
 " Majefty's Principal Secretaries of State, upon 
 the fubjed: thereof, was referred by your 
 Majeliy to the Lords of the Committee j as 
 '* was alfo a Petition on behalf of feveral 
 ** Propiietors of lots of lands in the ifland of 
 ** St. John, whofe lots hi;d been proceeded 
 *' again 0, condemned, and fold, under the 
 " firit before-mentioned Ad: palTed in 1774* 
 " And the Comjviittee accordingly in July, 
 ** J/^Sj exan-.ined into ail the proceedings 
 " touching the condemnation and fale of the 
 ** faid lotSi and having heard the Petitioners, 
 *' and having alfo taken into confideration 
 
 f* the 
 
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 ** the Aft paffed in 17S1, advifed your Ma- 
 ** jcfty to order that the faid laft-mentioned 
 •' Ad: fhould He by, and that dlredions fliould 
 *' be fent to your Majefty's Governor, and to 
 " the Receiver of your Majefty's Quit-Rents, 
 " in the ifland of St. John, to forbear, uiuil 
 '* further orders, any proceedings under the 
 " Ad pafTcd in 1774; and the Committee 
 " (having firfl: received the opinion of the 
 ** Lords ConimifTioners of your Majcfl-y's 
 '* Treafury), further recommended in favour 
 " of the Proprietors of lands, a mitigation of 
 ** the Quit-Rents, payable to your Majefty 
 ** from the fjrd of May, 1783, to the firfl of 
 ^* May, 1789; and for and, during the fur- 
 *' ther term of ten years to commence from 
 *' the faid firfl of May, 1789} and in order to 
 ** give further relief to the Proprietors of 
 " lands who might have been aggrieved by 
 " the Ad pafled in 1774. The Committee 
 " alfo recommended that a Bill fliould be 
 *' propofed to the Aflembly of the ifland of 
 <^ St. John, to repeal the faid Ad paffed in 
 " 1774? and to regulate the future proceed- 
 ings in cafes of arrears of Quit-Rents due 
 to your Majefly, in fuch manner that the 
 M Proprietors of lands might not have reafoa 
 
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 ** in future to complain of any hardfliip im- 
 " pofed upon them. And in regard, it ap- 
 peared to the Committee that many of the 
 Proprietors, whofe lands had been forfeited 
 and fold under the faid Adl pafled in 1774, 
 had not notice of the fituation in which 
 their lands flood, and thereby an opportu- 
 nity of paying up their refpedive arrears j 
 and that many others were prevented from 
 making their payments regularly, by reafon 
 ** of the war. The Committee further re- 
 " commended that a claufe fliould be inferted 
 ** in the new Bill, to be propofed to the 
 " AfTembly, to make all the fales of lands, 
 " formerly belonging to the Petitioners, void- 
 ** able'^y and to allow them to re-enter into 
 
 fojfejjion 
 
 * Though this Report of July 1783 was twenty 
 months after the date of the fales, the Governor and 
 Council had not then tranfmitted to Britain the Official 
 accounts of their proceedings, and therefore the Lords 
 of the Committee, as well as the Petitioners, were not 
 apprifed of the fales being illegal. 
 
 The cruelty hov/ever, impolicy, and Indecent interefl- 
 ednefs of the tranfa£l:ion, were fufficiently glaring, and 
 induced their Lordfhips, as the officers were the fole pur-f 
 chafers, to advife his Majefty to order this fummary 
 mode of redrefs; meaning to reftore matters cxadlly to 
 their former fituation, and fuppofmg that the purchafers 
 had paid the purchafe-nioney, which in fa^ they had not. 
 
 But 
 
 
[ 'S 3 
 
 " P^JJ^ffion of their lands^ in cafe they JJjouJd 
 " dejtre it, within a limited time, upon the 
 ** payment of the pur chafe-money^ interejl^ and 
 ** charges, incurred by the pur chafers-, and a j air 
 ** allowance for fuch improvements as might 
 ** have been made on the faid lands, fince the 
 fale thereof, the purchafers, under the A5i 
 paffed in I'jli^i on their parts accounting 
 with the Petitioners for the receipts, ijfues, 
 and prof ts. And in order to prevent delay, 
 or any mifconftrudion of your Majefty's 
 gracious intention for the relief of the Pe- 
 titioners, the draught of a Bill for the above 
 purpofes was to be prepared and fent over 
 to your Majelly's Governor, by one of your 
 Majefty's Principal Secretaries of State, v^^ith 
 ** diredions to the Governor to lay the faid 
 " draught of a Bill before the Aflembly, and 
 
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 But now, the enormous detail of illegalities, unlver- 
 fally pervading every ftep of the condemnation and fales, 
 being perfe£lly afcertained and known, and the purcha- 
 fers having held over fo many years in a manner exceed- 
 ingly aggravating the original injuftice, thefe are not to 
 expedl the injured Proprietors will acquiefce in the terms 
 of re^itution propofed in the report of 1783, and pay 
 intereft for monies which they never received: on the 
 contrary, they will in the due courfc of law cxadl unlimited 
 and unconditional reftitution of their property, illegally 
 divefted, together with the mefne profits. 
 
 "to 
 
 m 
 
 m 
 
 ^' 
 
C 16 ] 
 
 ** to propofe the pafling the fame into a law, 
 ** and with your Majefty's permiflion to him 
 •' to give his alTent to fuch law when pafTed. 
 
 ** This advice of the Committee your Ma- 
 ** jefty was pleafed to approve on the nth of 
 July, 1 783, and to order the draught of a Bill 
 to be prepared and fent over to the Gover- 
 nor, with a iignification of your Majedy's 
 pleafure, for the relief of the Petitioners, 
 which was done accordingly; but*, inftead 
 
 " of 
 
 «( 
 
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 cc 
 
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 * The Governor, and the intercfted Officers, kept up 
 and concealed the Bill and Royal Order long after having 
 received them in autumn 17B3. 
 
 At a convenient time he diflblved the a<5lual AfTembly 
 of the colony, without having laid the Bill before it, as 
 he had been commanded to do ; and in the fubfequent 
 election (i ft March, 1784,) he left no ftone unturned 
 to obtain the return of a fubftrvient party, before whom 
 he might fafely lay the Bill for the purpofe of being 
 thrown out: in this he was violently fupported by MeilVs. 
 Calibeck, Wright, Ncfbit, Spencc, and Burns. Mr. 
 Callbeck declared publicly, at the poll, his refignation of 
 the fenior feat in the Council, in order to be returned a 
 Member of the AfT.mbly; and it had been concerted 
 that he {houid afterwards be appointed Speaker, in order 
 the more effedually to lead it. 
 
 Notwithftanding thefe, and other arts, of which it 
 would require a long statement to give an adequate idea, 
 
 the 
 
 t- 
 
 i'e 
 
t '7 I 
 
 *• of obeying your Majefty's order therein, the 
 •* Governor and the Members of the Council 
 
 " before 
 
 the Governor, and his majority of the Council, loft the 
 clecSlion, and Callbeck was allowed to refume, not only 
 his feat, but alfo his former rank, in the Council. 
 
 Then it was the Governor, knowing the New Af- 
 fembly would pafs the bill, had recourfe to the fandion 
 of his majority in Council for withholding it ; and ap- 
 prehending the interference of the Affembly, who were 
 anxious to pay the due honour to his Majefty's wiflies, 
 he contrived in a few more days a pretence for laying it 
 afide, which was directly contrtiry to the Jaws and cuf- 
 toms of Parliament. 
 
 The refblution irt Council to withhdflRfte bill from 
 the Affembly was carried but by a very flender majority : 
 the minority wifhed to have their own diffent entered on 
 the minutes, left they fhould undefervedly ;> ipear to 
 haVe countenanced the difobedience cf the Governor j 
 but the Governor and I 'S majority over-ruled it, and the 
 minutes, tranfmitted by the Governor to office, and cer- 
 tified as a true extract by Spence, the ading clerk of 
 the Council, exprefs, notwithftanding, that the refolu- 
 tion paffed unanimoufly. There was alfo produced on 
 the Governor's part, at the hearing in April 1785, a 
 paper, certified to be a true extri£t by the faid Spence, 
 as clerk of the Council, and p jrporting to contain the 
 opinion and arguments then ufed in Council by the 
 Chief Juftice againft fending the bill to the Affembly, 
 though it is irrefragably proved that the Chief Juftice 
 was one of the minority, which had ftrenuoufly urged 
 the laying of the bill before the Affembly. 
 
 C This 
 
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 ( 18 ) 
 
 *' before-named, (excepting only William 
 ** Townfend, Efquire, who was not prefent 
 •* in Council at the time), came to a refolu- 
 " tion on the 20th of March, 1784, that an 
 ** humble petition and remonftrance (hould 
 ** be prepared, and fubmittcd, to your Ma- 
 " jefty, offering their reafons, why the faid 
 " draft of a bill (hould not be laid before 
 *' the AfTembly : and they accordingly de- 
 " termined, that the faid bill (hould be with- 
 ** held until your Majefty's further pleafure 
 " (hould be known. 
 
 This^lHH^unwarrantable ^kttempt on the Chief 
 Juftice was either from refentment for not having given 
 into the Governor's views, or in order to colour the re- 
 folution with the appearance of a refpedlable authority 
 in it's favour. He was ignorant of it at the time, and, 
 but for the feafonable difcovery of the truth, he wouli 
 have been involved in the crimination. 
 
 It was thenceforth fuppofed, prudence would forbid 
 any further recourfe to the fame miferable (hift, to fay 
 frothing ftronger of it ; but at the final hearing upon 
 the crimination Mr. Wright produced the identical ex- 
 trad, in order to palliate his own bad condudt, as if he 
 had been mifled by the opinion of the Chief Juftice j it 
 was however amply refuted, and, like every other part 
 of the defence, it recoiled to the confufion of the delibe- 
 rate and confcious authors, and to the credit of the in- 
 jured Chief Juftice. 
 
 ** The 
 
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 upon 
 
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 ( 19 ) 
 
 *' The rcafons of the Governor and Council 
 for withholding the faid bill from the Af« 
 fembly were not received in England till 
 fome time in the year 1785; and in the 
 meantime, viz. in Auguft, 1784, another 
 petition was prefented to your Majefty from 
 fome of the Proprietors of lands, complain- 
 ing of the obftruftions they met with in 
 obtaining poffeffion of their refpedive lots, 
 according to the terms Oi your Majefty's 
 above recited order ; which petition gave 
 rife to another proceeding on the fubjedt 
 before the Lords of the Committee of Coun- 
 cil for trade and plantations, and * occa- 
 fioned a letter to be written and fent over, 
 (by one of your Majefty*s floops difpatched 
 exprefsly for that purpof%) exprefling the 
 furprife of the Committee that the Govern 
 nor and Council (hould not have (hewn a 
 
 * They always protracted every ftep of the proceedings 
 as long as poflible, in order to tire out the complainants, 
 and by attendance and expences to drive them from their 
 patience and juftpurfuit ; but for the peremptory meafure 
 of fending out the (hip of war to extort their anfwer, they 
 would have found pretences to fpin it out for another 
 year: the fhip returned in February, 1785, nineteen 
 in onths after the bill, and royal order, had been fent out. 
 
 \$ 
 
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 greater 
 
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 ( 20 ) 
 
 [ " greater degree of impatience to juftify their 
 " condud in withholdins the bill. 
 
 " The Governor and Council having a^ 
 length tranfmittcd the reafc^ns for their con- 
 dud, the parties on all fides were hr : 
 before the Lords of the Committt of 
 Council for trade and plantations, vi^ho, on 
 the 25th of April, 1785, reported their 
 opinion to yourMajefty, that the Governor 
 ou^ht to have convened the AfTcmbly, and 
 laid before them the draft of a bill, fent 
 from England in 1783, with all convenient 
 fpeed after the fame came to his hands, and 
 that the fads and reafons afligned for not 
 having fo done did not juftify the negled j, 
 and their Lordfliips thereupon recommend- 
 ed that your Majefty's orders ihould be 
 fent over, peremptorily requiring the Lieu- 
 tenant-Governor of the Ifland of St John 
 (with which commiffion Mr. Paterfon had 
 become invefted in confequence of the 
 divifion of your .4.Jefty*s provinces of Nova 
 Scotia and New Brunfwick, and the Illand 
 of St. John, having been made an appen- 
 dage to the province of Nova Scotia under 
 a lieutenant-governor onlyjto lay the faid 
 
 *' draft 
 
 it 
 
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 laid 
 Iraft 
 
 ( 21 ) 
 
 f* draft nf.i Mil before the AfT.inbly; and ihat 
 ^* the parties Oiould be at liberty in the mean 
 ** time to prof cute (if they (hould think fit) 
 ** their remedy at law for the recovery of 
 '* iheir faid lots *, 
 
 * The cleared proofs having then been obtained of the 
 illegalities in the falc:>. the proprietors would accordingly 
 have taken thcii remi-dy fit law hy ejcdments for reco- 
 veiinij their propi.Tty, but the Governor fufpended the 
 Chief Jufticc trom his office, and fubftituted Captain 
 Burns, Mr. Wright, and another faifhful partizan, in 
 hi;' place : to bring ejc6liiients before them would have 
 been perfedtly nugatory : the Governor and Mr. Call- 
 beck having alfo obtained the Affembly to pafs the re- 
 frofp. (Stive a(5t, to render the illegalities in the fales 
 good and valid in law, tended to enable thefe fpecial 
 judges to indulge their p.irtiality, as the a£l was imme- 
 diately in force through the abfcnce of the ufual tufpend- 
 ing claufe until the pleafure of his Majefty in Council 
 (hould be known, the omiflion of which in cafes afFedl:- 
 ing private property, public revenue, commerce, and 
 the prerogative, is exprefsly contrary to the royal in- 
 ilru£tions ; fo that the petitioners, differently from his 
 Majefty's fubjeds in every other part of the Britifh em- 
 pire, had no competent or impartial Coiirt of juftice to 
 apply to, and they had no refource, but in laying the 
 crimination in order to rid the colony of the principal 
 tyrants, and their underftrappers, and fo to open the 
 due courfe of the channel of Government, and of the 
 Courts of Juilice. 
 
 '* This 
 
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 ( 2» ) 
 
 " This report was approved by your Ma- 
 jerty on the 6th of May, 1785 ; and your 
 Majefty's order thereupon was tranfmitted to 
 the Lieutenant-Governor by your Majefly's 
 Secretary of State ; but before your Ma- 
 jcfty's order arrived at the Ifland of St. John, 
 the Lieutenant Governor had received from 
 his agent in England a copy of the fame* 
 upon which, in order to fruilrate the cffed^ 
 thereof, he acquainted the Aflembly * of 
 
 *' the 
 
 ;: 
 
 ; 
 r 
 
 ♦ After the Governor had, in the illegal and iinconfti- 
 tutional manner above alluded to, laid afidc the Aflem- 
 bly of 1784, he did not inftitute another election for an 
 entire year. In the mean time he had allured from 
 Nova Scotia fome two or three hundred dilbanded fol- 
 diers under the dcnominat''^n of loyalifts : he attached 
 and interefted in his caufe a fufficient number of thefe 
 by means of the articles of donation allowed to fuch for 
 very different purpofcs by Government, and with pro- 
 mifes, which were afterwards but ill performed, of 
 parcels of the fold lots. An ele<5tion was fet on foot in 
 fpring 1785 : the tenor of the writ was altered for in- 
 terefted purpofes from that of all former ones : in moft 
 of the principal fettlements it was not proclaimed, and 
 z confiderable part of the legitimate elcdors, that did 
 attend, were deterred from voting by an armed banditti 
 of the difbanded foldiers, occafionally marching up and 
 down under the aufpices of the majority of the Council : 
 the poll was alfo continued after the expiry of the writ. 
 Thus was the A/Terably obtained, which they inftigated 
 
 to 
 
( 23 ) 
 
 " the private intelligence lie had received, 
 *• that they might be able to render the 
 ** fame ineffectual by pafTing an adl to con- 
 " firm thofe very fales which, by the laid 
 *' peremptory order from your Majefty, he 
 «• was diredtcd to call upon the Ail'embly to 
 ** refcind ; and accordingly, in the month of 
 ** April, 1786, the Affcmbly paffed an adtj, 
 ** entitled * An adl to render .... good and 
 " * valid in law all and every of the pro- 
 '* * ceedings in the years 1780 and ijSi 
 " * which in any refpedl related to, or 
 ** * concerned, the fuing, feizing, condemn- 
 •* * ing, or felling, of the lots or townfhips 
 ** * hereinafter mentioned, or any of them, 
 " * or any part thereof.* And this a6l being 
 *' fent up to the Council, Philips Calbeck, 
 ** Efquire, Thomas Wright, Efquire, Cap-. 
 ** tain George Burns, and John Ruffel Spence, 
 ** Efquire, who had before advifed Mr. Pa* 
 '< terfon to difobey your Majefty's order of the 
 " I ithof July, 1783, did, in purfuance of their 
 •* former conduct, concur in, and pafs; and to 
 
 ! 
 
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 I' 
 
 .M 
 
 tt\'4 
 1 
 
 [gated 
 
 to pafs this monftrous a£b, confifting of the Governor's 
 moft abjedt tools, and of the loweft refufe of the colony, 
 fome of whom could neither read nor write. 
 
 8 " this 
 
 1 
 
 i 
 
 ■i 
 
 to 
 
 f 
 
( 24 ) 
 
 ** this adl the Lieutenant-Governof gave his 
 ** affent, notwithftanding there was no claufe 
 ** therein fufpending the operation of the aft 
 *' until your Majefty's pleafure fliould be 
 ** known. 
 
 t '! . 
 
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 n*» 
 
 ;?i 
 
 i% 
 
 I 
 
 I. 
 
 *' It appears alfo, by the Journals of the 
 Houfe of Aflembly of the liland of St. 
 John, that, on the 8th of November, 1786, 
 the bill, prepared and fent out in purfuance 
 of your Majefty's beforementioned order of 
 the nth of July, 1783, for repealing the 
 quit-rent adt pafltd in the faid Ifland in 
 1774, was laid before the AfTembly, and 
 on the loth of the faid month of Novembef 
 the AlTembly ordered the faid bill to lie on 
 the table, and voted an addrefs to the Lieu- 
 tenant-Governor, ftating their reafons for 
 not pafling the faid bill ; and it alfo appears 
 that on the 14th of the faid month a pri- 
 vate bill was brought into the AfTembly^ 
 and was afterwards pafTwd by the Council, 
 and aflented to by the Lieutenant Governor, 
 entitled * An * a6l for fetting afide and 
 
 *' * annulling 
 
 * This aflt, though fpecioufly entitled, was in fa£t 
 infiduoufly calculated to deter the proprietors from re. 
 
 ceiving 
 
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ve his 
 claufe 
 
 be adt 
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 [)f the 
 of St. 
 
 1786, 
 fuance 
 
 :der of 
 
 ng the 
 
 ind in 
 
 ^y and 
 
 embef 
 
 lie on 
 
 Lieu- 
 
 ns for 
 
 ppears 
 
 a pri- 
 
 mbly, 
 
 uncil, 
 
 rnor, 
 
 and 
 
 lulling 
 
 [n faa 
 
 |om re. 
 :eiving 
 
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 ( 25 ) 
 
 annulling, at the requefl: of the prefent 
 proprietors, the fales, &c. of the herein- 
 after enumerated lots and (hares of lots 
 of lands within this Ifland, and for repeal- 
 ing fo much of an ad palled in the twenty- 
 fixth year of his prefent Majefty*s reign, 
 entitled An adl to render good and valid in 
 law all and every of the proceedings in the 
 years 1 780 and 1781, which in any refpedt 
 related to or concerned the fuing, feizing, 
 condemning, or felling of the lots or to wn- 
 
 ceiving back the lands, and to rivet them more firmly 
 than ever in the hands of the illegal purchafers. It was 
 enabled with a leferve of all deeds and conveyances 
 made, or to be made, by the purchafers, whether for a 
 valuable confidcration, or by way of free gift or other- 
 wife. It placed it in the power of the illegal purchafers 
 to exa6l, what might be, ten times the value of the refi- 
 due, under the heads of purchafe-money, which had 
 never been paid ; charges attending the purchafe, or 
 that might have happened in conlequence thereof; and 
 monies expended on improvements, or for the purpofe 
 of improvement j together with the intereft of thefe im- 
 pofitions fince 1781. A ftiort period had alfo been li- 
 mited for the redemption even upon thefe terms, which 
 had expired before the notification thereof to the propri- 
 etors concerned. Such monftrous a£ls are defervedly 
 difallowed. 
 
 D «* ' fliips 
 
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 ( 26 ) 
 
 ** ' fhips hereinafter mentioned, or any of 
 '* * them, or any part thereof, as relates to 
 ** * the faid lots or townfhips, or half lots or 
 ** * town(hips of land j* which ad, together 
 •* with the a<5l hereinbefore mentioned, en- 
 " titled * An ad to render good and valid in 
 
 * law all and every of the proceedings in the 
 
 * years 1780 and 1781, which in any refpedt 
 ** * related to, or concerned, the fuing, feiz- 
 " ' ing, condemning, or felling, of the lots 
 *' * or towndiips hereinafter mentioned, or 
 " ' any of them, or any part thereof,' the 
 " Committee are humbly of opinion ought 
 " to be difallowed. 
 
 " *« Such having been the condudf of Mr, 
 *' Paterfon, this Committee li^ould no doubt 
 *' have thought it indifpenfably their duty to 
 '* have recommejided to your Majejly to cauje 
 ** him to he removed from his office of Lieu- 
 " tenant-Governor^ did it not appear that 
 ^^ fuch removal had already taken place by 
 •^ your Majejly s order ^ the Committee there- 
 *' fore do not confder Mr, Paterfon as any 
 *^ longer before the Board. But before the 
 " Committee proceed to offer their opinion to 
 
 c '' your 
 
of 
 
 ( 27 ) 
 
 *' your Majefty touching the condu(5l of the 
 " Members of the Council, who are feverally 
 ** complained of in the petition now under 
 ** confideration, it is neceffary to ftate to your 
 «' Majefty that William Townfend, Efquire, 
 '* one of the Members complained of in the 
 ** faid petition, has, by his anfwer thereto, 
 " denied the charges as applicable to him, 
 '* and that the raemorialifts, by their counfel, 
 ** deiired that the complaint might be dif- 
 ** miffed as agaiqft the faid Mr. Townfend; 
 " with refpedt to the other Members of the 
 ** Council, againft whom th^ charges were 
 ** preferred, it is proper alfo to take notice of 
 ^* the manner in which the order of this 
 ** Committee beforementioned, requiring 
 ♦< them feverally to return their anfwers in 
 *' writing to the faid charges, has been treatec} 
 *' by them, and to ftate to your Majefty 
 ** that, although the receipt of the order has 
 ** been acknowledged by all the parties, no 
 *' fpecific anfwer thereto has ever been re- 
 ** turned by Mr. Calbecl;, Captain Burns, and 
 *' Mr. Spencc. 
 
 ^i^ 
 
 'i 
 
 I 
 
 I 
 
 } 
 
 i 
 
 '3 
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 (( 
 
 Mr. Wright, by letter dated the 4th of 
 ^* May Uft, offered an excufc for his condudV, 
 
 O 2 
 
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 5 
 
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 ( 28 ) 
 
 in this refpedl, on the grounds of his be* 
 ing on the point of returning to England 
 foon afi2r he received the order, and con- 
 ceiving it more refpec-tful to appear and 
 anfwer the complaint againft him in per- 
 fon * : and he has fince put in a defence, 
 having at his requeft been allowed time 
 for that purpofe. 
 
 ** Mr. Nifbett, upon whom the order was 
 ferved in England, put in his anfwer in 
 June, 1788 ; and Mr. Paterlbn, fince his 
 return to England, did on the 29th June 
 put in an anfwer to the charges, importing 
 to be an anfwer on behalf of himfelf and 
 the Members of your Majefty's Council in 
 the Ifland of St. John ; but being called 
 upon by the Committee to know, whether 
 he undertook to appear in defence of the 
 faid Members of the Council, he declared 
 that he had no intention to appear for any 
 of the Council. 
 
 * The articles of charge had been ferved on them ia 
 November, 1787; and the truth is, that, having ftudi- 
 oufly protradled every ftage of the proceedings fmce au- 
 tumn, 1783, the few, who now appear, have con- 
 fcioufly and artfully delayed, until they could no longer 
 elude. 
 
 ** Upon 
 
be- 
 
 rland 
 
 con- 
 
 and 
 
 per- 
 
 ence, 
 
 time 
 
 ;r was 
 ^er in 
 ice his 
 \ June 
 )orting 
 If and 
 ncil in 
 called 
 hether 
 of the 
 dared 
 or any 
 
 Ithem in 
 |g ftudi- 
 ince au- 
 re con- 
 longer 
 
 Upon 
 
 ( 29 ) 
 
 " Upon confideration of the whole matter, 
 tbe Lords of the Committee having fully 
 heard the complainants by their counfeiy and 
 having maturely examined, and confidered^ 
 fever al authentic documents produced by tbe 
 the complainants to make good their charges^ 
 and no counfel having appeared in defence of 
 the Members of the Council of the Ifland of 
 St, John, the Committee are of opinion^ that 
 the faid charges are fully proved, and that 
 the Members of the Council, againji whom 
 the fame 'were preferred, are guilty of all 
 that has been alledged againji them, and da 
 agree humbly to report, as th^'ir opinion, to 
 yourMajeJiy, that Philips Calbeck, Efquire, 
 Thomas Wright, Efquire, William Nif- 
 bett, Efquire, Captain George Burns, and 
 John Ruflel Spence, Efquire, ought to be 
 removed from their feats in your Majeflys 
 Council for the Ifland of St, John; and 
 moreover, that Philips Calbeck, Efquire, 
 your Majefty's Attorney-General, andWil- 
 Ham Nifbett, Efquire, your Majefty's A<fl- 
 ing Receiver-General in the faid Ifland, 
 /hould be difmijjhd from their refpe^iive offices 
 in your Majejlys fervice.'* 
 
 His 
 
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 ( 30 ) 
 
 His Majcfty, taking the faid report into 
 confideration, is plcafed, with the advice of 
 his Privy Council, to approve thereof, and ac- 
 cordingly to declare his royal pleafure, that 
 the faid Philips Calbeck, Thomas Wright, 
 William Nifbett, Captain George Burns, and 
 John Ruflcl Spence, be removed from their 
 refpedive feats in the Council for the faid 
 Ifland of St. John ; and that the faid Philips 
 Calbeck be difmiffed from his faid office of 
 Attorney-General, and the faid Willianx 
 Nifljett from the office of Adling Receiver 
 of His Majefty's quit-rents 5 and the Right 
 Honourable William Wyndham Granville, 
 one of His Majefty*s Principal Secretaries of 
 State, is to receive His Majefty's rommands 
 for appointing fome other perlon to be Attor- 
 ney General of the faid Illand in the room of 
 Philips Calbeck, Efquirej and alfo to recom- 
 mend to His Majefty, at this board, proper 
 perfons to fupply the vacancies in the Council 
 for the faid ifland of St. John. 
 
 STEPHEN COTTRELU 
 
 

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