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Las diagrammas suivants illustrant la mithoda. 1 2 3 1 2 3 4 5 6 IH Mlf d^de^.H^*^ (%^.<^^ C W^€ FLJ- or a rue d9 l'Universit6;- ' Quebec 4, QUE, GEORGE TAYLOR DENISON, JR., TO THE HONORABLE THE HOUSE OF ASSEM PRAYING REDRESS IN THE MATTER OF mm OF THE STiMl " TOGETHER WITH COPIES OF THB PETITION AND AFFIDAVITS, FILED IN THB COMTY COURT OF THE COUNTY OF SIMCOE. i TORONTO: PRINTBD a THE LEADER AND PATRIOT STEAM-PRBS8 KSTABLISHMENT. 1865. mm ^ 1 i To the Honorable the Legislative Assembly of Canada in Parlia- ment assembled : The Petition of George Taylor Denison, the younger, of the City of Toronto, Esquire, Humbly Siiewetii: — That your petitioner is the owner of the Propeler Georgian, which was purchased by him from one John Bates, on or about the seventeenth day of January last past ; the said vessel then lying in the harbour of CoUing- wood, in Lake Huron, in the County of Siracoe. That your petitioner had the transfer of the said vessel to him by the said John Bates, duly registered according to law in the Custom House at Toronto. That on or about the seventh day of April last past, while so lying in the Harbour at CoUingwood and undergoing repairs, the said vessel was seized by the Honorable Robert Spence, Collector of Customs at the port of Toronto. That your petitioner was not notified of the grounds of the seizure of his said vessel, and personally applied to the said the Honorable Robert Spence for the reason of such seizure, but that gentleman declined lo give any explanation further tlian to say that he had received instruc- tions as your petitioner understood from some officer under or member of the Government of this Province, which caused him to make the seizure, and referred your petitioner to Mr. Bouchette, meaning the Commissioner of Customs for fnrther information. That your petitioner immediately proceeded to the City of Quebec for the purpose of seeing the said Bouchette and ascertaining the ground of the aforesaid seizure, and if possible lo obtain the release of the vessel. , That the said Bouchette either would not or could not give your peti- tioner any precise information as to the grounds of seizure of his gaid vessel, but intimated that your petitioner was suspected of having strong leao- mgsand sympathies for the Confederate States, and associate i with South- erners resident in Canada, and referred me to the Solicitor General for Upper Canada, the Honorable James Cockburn, as the proper quarter to apply to on the subject of the release of the said vessel. That your petitioner on applying at the office of the said Solicitor General, found he was absent from Quebec, and your petitioner was directed by a chrk in his office lo apply to the Honorable Alexander Campbell, Commissioner of Crown Lands, and your petitioner having bo applied and fully explained his case, an order was given for the release of your petitioner's vessel, which order before such release was counter- manded and vacated at the instance of the said Solicitor General and the Honorable "William P. Howland, Postmaster General. Thatsome time after the seizure of the said vessel one Godfrey J. Hyams, at the instance of the said the Honorable Robert Spence, or some other person acting, as your petitioner linnly believes, under some authority from the Government of Canada, or some member thereof, made an affidavit in the words and figures following :— Province of Canada, City of Toronto. TO WIT : I, Godfrey Joseph Hyams, of the City of Toronto, in the County of York, shoemaker, make oath and say : 1. That I am well acquainted with one William Larry McDonald, of the said City of Toronto. 2. That the said McDonald placed in my possession in December last a con- siderable quantity of munitions of war, called hand grenades, cartridges, powder and a iledge, which he told me were intended to be conveyed to the Town of Colling- wood, to be there put on board the Steamer Georgian, which he said was being fitted up by the owners under the supervision of the said McDonald, for a raid or expedition from Collingwood aforesaid, into the United States of America, in aid o the so called Confederate States of America. 3. That the said grenades, and other munitions of war were left with me to keep till called for by the said McDonald. That they are now in the hands of the Police of this City. 4. That I am aware that the said W. L. McDonald, at his house, on the corner of Agnes and Terauley Streets, in the said City of Toronto, was manufacturing hand grenades, Greek fire shells and other implements of war, and had a considerable quantity concealed about the premises. I gave notice to the United States Consul in Toronto of the fact, but before the police authorities went to the premises the said munitions and implements had been removed, soma of them have in fact been sent to Collingwood as I am informed, and believe for the said Steamer Georgian. 5. I am informed and believe that in consequence of disclosures made to the said United States Consul here, and disco eries to the police authorities, the Honor- abl« Bobert Spc^ice did, on Friday last, the Seventh day of April instant, proceed to Colli ogwood to inspect the said vessel, and found on board thereof the said W, L. McDonald and farious other parties, and thereupon seized the said vessel as being about to paae the said frontier of tiiis Provinoe to some place in the United States (with which power Her Majesty the Queen is at peace) he considering that there was probable cause for beUeving that the said vessel, was about to be used for the purpose of a raid or expedition into the said United States, contrary to the provisions ■ ' of the act of last sossion of Parliament, entitled <'an Act for the prevention and r«- preaaion of outrages or violation of the peace of this Province, and for other purposea* 6. That from the foregoing facts, and from what the aaid W. L. McDonald him' self told me, I say that there is probable cause for believing that the said vessel ao seized was and is intended to be used in a manner contrary to the provisions of the aaid'act. 7. That I am informed and believe that one George T. Denison is the registered owner of the said vessel. 8. That on Tuesday preceding the said seizure, I was myself on board the aaid vessel and saw McDonald aforesaid at work on the said vessel, preparing her as I believe for the said raid or expedition. (Signed) GODFREY J. HYAMS. Sworn before me, at the City of Toronto aforesaid, ) this 13th day of April, A. D. 1865. [• (Signed) Wm. T. Hiohaudb, 0. J. C. P. I hereby certify the above and anr axed to be a true copy of the original affidavi filed in Chambers on the 13th day of April, 1865. (Signed) W. B. REWARD, Clerk. Dated at Toronto, 20th April, 1865. That the said aflSdavit which was the only document your petitioner ha8 been able to find furniBhing any ground or reason for the seizure of his said vessel was exhibited to the Honorable "William Buell Kichards, Chief Justice of Her Majesty's Court of Common Pleas for Upper Canada, who thereupon under the Authority of the act, Chapter one, of the twenty- eighth year of Her Majesty's Reign, caused a warrant to be issued. That no copy or notice of the said "Warrant or of the said affidavit waa ever served upon or given to your petitioner, and your petitioner was never shewn said warrant ^and only became aware of its contents and form through a copy which Mr. James Paterson, acting in the proceedings, hereinafter mentioned, as Counsel for the Crown, permitted your peti- tioner to see. That your petitioner having become aware iu the manner indicated of the alleged cause of the seizure of his vessel, applied by petition to a Judge in Chambers at Osgoode Hall, in the City of Toronto, to obtain a release of the said vessel, but was informed according to the construction the learned Judge put upon the act above mentioned he had no jurisdic- tion in the matter, and that the application should be made to the full Court in term time. That your petitioner thc)n went to Cobourg and made an application to e the Honorable James Cockta™, Her Maje.ly'» Solicitor General for Upper Canada, for the release of the said vessel, but was ■nf»™«^ «»»' nothioK co,.ld bo done for him but that ho ""'"."PPI^ '» "" f"""!"! Law to have the vessel released iu the manner pointed out by the above "Cmetitioner. in consequence, instrncted Counsel to -ke V plication in the Court of Queen's Bench, in Easter Term last which Cication was made, but owing to some informality n your peftione s .minded, and your petitioner being then absent from home, and he court Eg cCdto siUings before his return, the application could not be "°C your petitioner, subsequently, on third day of July last paal, under the provisions of the said act, applied by petition to J»>"es Gowan, aouiro Judge of the County Court of the County of Snncoe aforesaid, S^r;etae':f the said vessel, and in support ot the said petition and appta ton filed thirteen affidavits, establishing that neither your peti ion TZ vessel had in any manner infringed the neutrality laws of th« Prorince or the provisions ot the act above referred to ; copies of which affidavits and of'the petition submitted to the said judge your petitioner h" alexed to this petition and craves leave to reier - P-^^^^ "„^^^, That notice of the said application to the Judge of fte Co^'.ty Court was given to the said the Honorable Robert Spence, and J^"" P'''^";''; Esquire, of the firm of Patterson & Harrison, Barristei^ and Attorneys a Lai Agents for the Honorable Attorney General for Upper Canada at To";.t,%peared on behalf of the Crown before the sai Judge a tb„ town of Barrie, to oppose and did oppose the release of the said ves.el, and luged on Wialfot the Crown, that the said vessel had been seized ^fdeX Imperial Act. commonly designated the Foreign Enlistment lorand as your petitioner had not filed a claina under the Customs Act, fhe;r«el?.^bec'ome forfeited; but the produeUon of a -P7 ° ''; affidavit of the said Hyams, and the warrant issued under the a>"l"»rity oj le said Chief Justice, established that such seizure was not under any Imoerial Act, but if within any Act at all under the said Provincial Act, cZ^tlr ot of the twentyeighth year of Her Majesty's reign, and under tViaf Act no forfeiture could take place. . ,. ,. Xafus Honor the said Judge decided that he had no jurisdiction to U,?n: .iin the said application, as the same had not been made to him within ten days after the seizure, and before the issmng ol the warrant rCve referred to, and that your petitioner must seek a remedy m some words ia the tenth section of the said act—" until discharged by due course of law" did not mean any remedy provided by the said act. That your petitioner, through his counsel, prayed the said judge to cause the matter to be enquired into, and the matter tried either by a jury or in any other way, and the said judge intimated, that although he did not conceive the matter to be one within his jurisdiction as above set forth, he would, with the consent of the Crown, direct p.n issue to be tried ; but the said James Patterson,. acting as aforesaid, most positively declined to consent to such issue being tried or allowed. That your petitioner has done all in his power to establish that he has done nothing either by himoelf or his said vessel to warrant or authorize the seizure or detention of his said vessel, and to have his innocence or guilt investigated, but has been quite unable to obtain an opportunity, either in court or before a jury, by which such his innocence maybe made manifest. That your petitioner has lost and been deprived of the use of his said vessel during the time she could be most profitable to him, and has incurred a great expense and loss of time in visiting Quebec and Cobourg to see the Honorable Solicitor General and other officials and members of the Government — in retaining counsel — in getting up evi- dence and otherwise, and has become and is greatly embarrassed by not having the earnings of his said vessel. That he has been thus vexed and harrassed through, and by means of an Act of your Honorable House, and the action of the Government or members of the Government thereon. That he has been told by the Hon- orable the Solicitor General that the Government would not release the said vesselbut that your petitioner had a course open to him by law by which to obtain a trial, and has been told by a County Court Judge that he had no jurisdiction after ten days, and the issuing of the warrant, and if the interpretation of the said County Court Judge is correct, there is no redress whatever for your petitioner. That your petitioner is a British Subject and as such had his rights violated in being deprived of his property by or through the instrumen- tality of the Government of this Province or some officer or officials thereof acting in such a manner that your petitioner cannot obtain redress through the constituted tribunals of the country. Wherefore, your petitioner most humbly and respectfully prays that your Honorable House will take his case into consideration and cause him to be compensated for the loss and damage that he has sustained, and cause such amendments to be made in the said act as will enable him to have his alleged infraction of the law of the land investigated, and his property restored to him. And your petitioner as in duty bound will ever pray. (Signed) GEORGE T. DENISON, Jr. 8 m THE COUNTY COURT OF THE COUNTY OF SIMCOE. Tho Petilion of George Taylor Donison the younger, of the Oity of Toronto, in the County of York, E«quire, BarriBtor at Law, to James 11. Gowan, Esquire., Judge of tlio County Court of the County of Siincoe, TTuMRIY nilRWETII " * "■ That your petitioner, on or about the seventeentli day of January, in the year of our Lord one thousand eight hundred and sixty.ave, became tho owner by purchase, of the propeller and Oeorgian that on that day, or shortly thereafter, the endorsemotit was made on the Register of the vessel of tke change of ownorthip by the Collector of Customs for the Port of Toronto. That the said propeller Georgian, is still '.the property of your petiUoner, and that he appears as the owner thereof in the office of the Collector of Customs in in the Port of Toronto. . That on or about the seventh day of April last, while the sai^ vessel was ymg atCollingwoo,l,she was seizedby the Honorable Robert Spence, Collector of Customs for the port of Toronto, upon a charge, as I understood, that the saiu vessel was engaged, or about to be engaged in some act or acts which were or would be, a violation of the neutrality laws of this Province, and more especially of the statute passed iu this twenty-eighth year of the reign of Her Majesty Queen Victoria, Chaptered No. 1. . ,, Your petitioner was at once deprived of the possession of the said propeller Georgian, and he has never since been permitted to resume possession, but the said vessel has from that time to the present been detained from him. _ Your petitioner has been informed and believes, that the said vessel was smed principally on the representations of one Godfrey J. Hyams, who made an affidavit with respect to the said vessel, a copy of which affidavit your petitioner craves leare to submit. . .-.• In answer to the statements made in the said affidavit, your petitioner says, that he has not done, or knowingly or wilfully permitted to be done, and that he had no intention of doing or permitting to be done, on or with the said propeller Georgian, ftny of the acta mentioned in the affidavit of the said Hyams above refer- red to, or any act or thing contrary to the laws of this Province. That your petitioner employed the said William L. McDonald, mentioned in th« said affidavit, as a carpenter or mechanic, to take down the upper cabin or top hamper, and to put up a small cabin on the main deck of the said ye«el, and that he was employed simply as a carpenter or mechanic, and your petitioner does not believe that the said McDonald had any intention to commit any of the acts men- tionedin the affidavit of the said Hyams; and that if he entertained any such inten. tions it was without the knowledge or consent of your petitioner. That the changes mentioned were made in consequence of advice given by the former owner, and by Captain Whitby, whom your petitioner had engaged as master to command the said vessel, it being their opinion as well as the opmion of your \l 9 petitioner, and in fact the general impreasion that the «aid propeller had too much upper worki for the strength of her engine, and that it would b« dangeroui to run her in that condition in rough weather when ahe was lightly loaded. That your petitioner never hoard of the existence and did not know of th« existence of any arms or munitions of war in the posession of any person subject to the order or control of the said William L. McDonald, or of any other person intended to be used on board the said propeller Otorgian,ox intended to be shipped on board, that he never did allow and never would have allowed any arms or mum- tioBS of war to be shipped on board the said propeller Georgian, and that to the best of his knowledge and belief, there never were any arms or munitions of war shipped or intended to be shipped on the aaid vessel. That your petitioner had engaged Captain Whitby as master to command the said vessel, and had directed. him to engage a crew cooaisting of one mate, two wheelsmen and three deck hands. That your petitioner had heard that there had been suspicion respecting the said vessel before he purchased her, and that to guard against suspicion he directed the said Captain W^hitby to employ persons who would not be likely to be parties to any acta against the law, and would not have anything to do with military enter- prise or arms or munitions of war. That your petitioner at the time the said veisel was seized waa negooiatmg with produce merchants in this City of Toronto, endeavoring to get employment for the said propeller in carrying wheat from Owen Sound to Collingwood, and also in case he should not succeed in procuring such employment he was endeavormg to get employment in towing rafts to Collingwood. That the business your petitioner desired and intended to do was a carrymg trade and strialy legal and legitimate, and that he had not done and did not do or intend to do any thing or act contrary to the laws of this province or of the char- acter on suspicion of which his vessel was seized. Your petitioner prays that this Honorable Court will order the said propeller, Georgian, to be released and restored to your petitioner. And your petitioner will ever pray. (Signed) GEORGE T. DENISON, Jr. IN THE COUNTY COURT OF THE COUNTY OF SIMCOE. - ) I, George Taylor Denison, the younger, of the City of In Re Seizure of [ Toronto, in the County of York, Barrister at Law, make oath propeller Georgian. J ^^^ ^^^ ^^ follows, that is to s&y : 1 That I am the petitioner making tha Petition hereto annexed. ■ 2*. That the facts stated and the statements made in the said petition hereunto annexed are correct and true to the best of my knowledge and belief. Sworn, dec, . (Signed) GEORGE T, DENISON, Jr. 10 IN THE COUNTY COURT OF THE COUXTY OF SIMCOE. In Re Seizure of } . /• ^eltleton Balme Whitby, of the City of Toronto, iu propelhr Georgian. \ that islo sa • S«°^'«"»°' "^^^^ ^'^^h and say as follows, 1. That I was engaged by George Taylor Deniaon, the younger, as master to command the propeller Georgian owned by him. 2* That I was engaged by tho said George Taylor Denisou, the younger, to command the said vessel in a strictly legitimate carrying business, and that no suspicion ever entered my head that the vessel was to be engaged in any act cen- tral y to law. 3. Thrit the said George Taylor Denison, the younger, requested me to engage a crew for him consisting of one mate, two wheelsmen and three deck hands, «trictl_y cautioning me to be careful not to hire men I could not depend on. aa he seemed to fear that spies might get on board and smuggle on arms or munitions of war in order to get the vessel into trouble as she had formerly been suspected, but otherwisej leaving thd selection of the crew entirely to myself. 4. That the said George Taylor Denison, the younger, requested me on several occasions to do all I could to obtain freight for the Georgian, so that no time might be ost in getting hdr into business. 5. That I, OP several occasions, suggested to the said George Taylor Denison, the younger, the necessity of removing the top hamper from the upper deck, ani of putiing up a sicail cabin on the main deck, in order to make her more manageable in a s;:-' way. 6. That I do not consider xie taking off the top hamper fitting her out for warlike purposes, my opinion being that she would be more useful for warlike pur poses or for a raid with the main deck clear. 1. That 1 requested the said George Taylor Denison, the youugor, to give me permission to take my wife on board and live there vbile the vessel was running, and that he was satisfied that I should do so, and at once cons^inied. 8. That I did not know and was not personally acquainted with one W. L. McDonald— referred to in an affidavit of one Godfrey J. Hyams as I am informed, and which affida/it I am informed has been filed in Chambers— until afier the said vessel was seized and the said W. L. McDonald arrested. 9. That I have no acquaintance with the so called Confederate agents in this country. That I was not engaged to enter into any business for them directly or inuirectly to my knowledge. And if I had suspected anything at all of the charac- ter suggested in the affidivat of the said Hyams above referred to, I would not have entered into the said engag«ment. And I do not believe any intention of the kind did exist. Sworn, &c. (Signed) N. B. WHITBY. ^ 11 IN THE QUEEN'S BENCH. I, William Ridout, of the City of Toronto, in the County of York, Gentleman, make oath and say as follows, that is to say : 1. That I was engaged by George Taylor Denison, the younger, as purser on the propeller Georgian. 2. That I was sent up to CoUingwood by the said George Taylor Denison, the younger, an the 13th day of February, to act as purser for the said vessel in a strictly legitimate carrying business. I never had the slightest suspicion that the vessel was to be engaged in any raid or expidltion. 3. That William L. McDonald came up to the vessel some time after my ar- rival, or about the twenty-second day of February, with the said George Taylor Denison, the younger. 4. That I saw the said George Taylor Denison, the younger, and William L. McDonald laying out the place for the cabin to be fitted up on the main deck where it was afterwards put up. 6. That I lived on the Georgian^ taking my meals with the said William L. McDonald during a greater portion of the time that the said McDonald was working on the said vessel. That I never saw anything in his conduct, or in his conversa- sation, or in the work in which he was engaged, which made me suspect or led me to believe that he contemplated any raid or expedition, or anything more than the ordinary work of a mechanic. And that I do not believe that the said McDonald had any intention whatever of committing any illegal act on the said vessel, or of preparing her for a raid or expedition. 6. That I do not consider the taking off the upper cabin and making a small cabin on the main deck fitting the vessel out for warlike purposes, or for a raid, it is ray opinion she would be more useful for such purposes with the main deck clear. 1. That the work done by the said McDonald was merely the taking off all the upper cabin and making a small aabin on the main deck. 8. That I am not acquainted with the so called Confederate agents in this Province. That I am not engaged to enter into any business for them either directly or indirectly to my knowledge. And if I had suspected anything at all of the character of a raid or expedition being contemplated I would not have entered into any engagement on the said vessel. And I do not believe that any intention of preparing any raid or expedition was contemplated by any persons working on the said vessel or connected with it. Sworn, dfc. (Signed) WILLUM RIDOUT. ii IN THE COUNTY COURT OP THE COUNTY OF SIMCOE. In Re Seizure of } . ^» William Lawrence McDonald, now a prisoner in the propeller Georaian. i 9^}7 '''*'l °^ ***® ^''y °^ Toronto, make oath and say as *^ *^ J follows, that 18 to say : 1. That I was engaged by George Taylor Denison, the younger, of the City of Toronto, lo do some carpenter work onboard the propeller Georgian owned by him. 2; That the work which I was engaged to do for the said George Taylor Denison the younger, was merely to take down the upper cabin and pat «p a small cabin on the main deck. 3. That I went up to CoUingwood with the said George Taylor Denison the younger, on or about the twenty-second day of February last, and he showed me what he wanted to have done and laid out the general outlines of what I was to do. 4. That the work on which I was engaged was merely carpenter work, and was not fitting out the vessel for warlike purposes, and was not at all of a warlike character. 5. That I was formerly a transportation agent in the employ of the Confederate Government. 8. That at the time I went up to CoUingwood to make the changes for the said George Taylor Denison the younger, on the said propeller, my connections with the Coiifederate Government had entirely ceased, and I was not under their orders directly or indirectly, and the work I was doing was for the said George Taylor Denison the younger, and for no other person or persons directly or indirectly, and in my ordinary legitimate employment, solely for the wages I received, to be solely used for my own advantage, so that I could earn my own living. V. That I consider the changes made in the propeller Georgian^ namely : the taking off the top Hamper and putting up a small cabin on the main deck, were ordinary changes and tended to make the vessel more sea-worthy. 8. That I never contemplated any raid or enterprise or expedition to be carried on on tie propeller Georgian. That I had no arms at the order of any person or persons intended to be used on board the said propeller Georgian. That I never did put any arms on board the said vessel, nor ever intended to do so and never would have placed any arms on board the said vessel. 9. That I have seen a copy of the aflBdavit of Godfrey J. Hyams, which I am informed Las been filed in Chambers, and that I have no hesitation in swearing, that the statements made by the said Hyams referring to me and a contemplated raid, on the said propeller Georgiant are totally false and void of any foundation. Sworn,