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 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
c 
 
 I 
 
 O 
 
 t.-*^ 
 
 «i»* 
 
 STORY 
 
 or 
 
 A REFUGEE. 
 
 'i « 
 
 
 \^ ^ .V 
 
 X £ J 
 
 
 
 / 
 
 f t L 
 
 m 
 
 
 VORK : 
 
 ♦•RLNTKn AT TIJK r\T i! loT- crFJC t" , 
 
P K K F A C E. 
 
 The Ibllowing Story is given with y view to iieutrali/,e the 
 poison of a Libel, in the cliaraciei ol a Report from two Mem- 
 bers of the Executive Council of Upper Canada, recorded on the ,^f>»~v' 
 Books of that Board, (lleport, 26lh Jj^njuiaxX' '^-^j) ^^•''" ^"" ^^ 
 swer to a Messajge from Lieutenani-Governor Sir Peregrine Mail - 
 
 lanJ, on occasion of Chief Justice P , at the age of seventy, 
 
 "after thirty-six years' service on the Bendi, requesting permission 
 to retire on the Pension. 
 
 The Libel was transmitted io the King's Minister, sanctioned 
 b" the Lieutenant-Governor, as worthy of credit, to influence 
 His Majesty's notice ol hisreques!. That notice wao a gracious 
 permission to retire upon a pensif»n of One thousand Pounds 
 ^^terling for lire, payable out of the Crown funds, as a consideui- 
 tion for Mr. P 's long and useful services. 
 
 As the base Libel remained ot record in Upper Canadn, Mr. 
 
 P respectfully entreated His Majesty's Secretary of State lor 
 
 the Colonies to command an enquiry to be made into the grounds 
 for the charges of this invidious LiUel, or to direct its removal 
 from the Record of the Executive Council ; both which were 
 ref'sed on account of inexpediency, as he had received all that he 
 liad asked — retirement, and the Pension. At the advanced ageol 
 seventy -seven, this relation is made to shield his posterity from 
 the infamy which xhe existence of such a Public Record might 
 inflict upon them ; and may excuse, if not justily, the egotism 
 and tendency to self-commendation observable in the vStory or 
 A Refugee. 
 
 W. D. P. 
 
STORY OF A REFUGEE. 
 
 An ag. ;l man, rir,)iJ!y fsruJing towTi's tiie gra^e, is desirous lo 
 ic9v. inhinti him some nc'.ice thr^i !e !i"ed. 
 
 A* l!ic rlose <j die f<,e/ol';',i')iif,ry War in 1793, he had been 
 resident for years at Montreal, a Rcibj^ce Ironi the revolted Colony 
 of Massachusetts. The Province of Quebec was at that time 
 !.!:.)Vcrned under ttie 14th Geor<2;c the Third, called the Quebec 
 Bill — a wise and just law as related to the conquered subjects, but 
 in no wise apt to console tlie loyal refugees from the United States. 
 
 Experience had taught 4hat, to their precursor, and he set on 
 /•"^t a Petition to the ' intr and Parliament, which he carried to 
 t... foot of the Throne and delivered in person to Lord Sydney, 
 princii)al Secretary of State for the Colonies. That part of the 
 Petition which affected innnicdialely the Refugees, and remotely 
 their descendants in Upi>er Canada, fl^Uows, and will speak for 
 itselfl 
 
 " Your Petitioners look with concern on the infinite distress of 
 your Majesty's loyal subjects, who, expelled from their native 
 <"Ountry, . driven from their estates and possessions, arc early 
 taking shelter in this British Colony. 
 
 " Your Majesty will readily perceive that a free Constitution 
 and a Government similar or superior to that under which they 
 were horn and lived, and wfTc happy, will be considered by your 
 Majesty's mjured subjects as the greatest protection and relief your 
 Majesty can now grant, and the more so as it will be a protection 
 :mil blessing, not merely granted to ilicni, but cviciidod to their 
 •liildrii, :in<l jiostcrity. 
 
 n 
 
 M 
 
«^ 
 
 I • 
 
 2 
 
 (1/ 
 
 " Filth Article. — That all personal acuons may tit tncii oy iiif 
 modes, and derided upon the principles of the Common Law of 
 En<^land. 
 
 Sixth Article.— That the Hahcas Corpus Act, 30th Charles II. 
 c. 2, be made j)artot the Constitutional Law oi'this Province, and 
 that by a perpetual law o( the British Legislature; suhject, how- 
 ever, to suspension by the Provincial Legislature, if need be." 
 
 The Refugee had the satisfaolion to beansured that the impor- 
 tant articles of llie Trial by Jury, in controversies relating to civil 
 rights, and the Habeas Cori)us Act, were granted as soon as he had 
 explained to the Minister that tlie Judges of tlie Colony had 
 declared h"om the Bench, that the cnjoyinent. of pi-rsonal liberty 
 was a civil nght,and tiiat the controversies relatmg to the infr-ingc- 
 ment of it were to be decided by tlie French Law, which knew 
 neither Jury nor Habeas Corpus. 
 
 The furtlier review of the 14th George III. required more 
 delay, and was the subject of deep consideration for seven years, 
 when it resulted in the present Charter, the 31st Geo. IH. c. 31. 
 
 On the return of the Refuge? to his former residence at Mont- 
 real, he found the country inundated with his fellow sulFerers, the 
 expatriated loyalists, under the government of the cherished chief, 
 Lord Dorchester, who had witnessed their loyal struggles to de- 
 fend the unity of the Empire, and felt compassion for tlieir situa- 
 tion. With a prophetic eye to the future, he had placed them 
 upon land aloof from the French population, and above the ancient 
 grants of Seigniories, to expect their fuiure estates as they now 
 hold them, in tree and common soccage. 
 
 A part ofthese interesting people had been placed on a Seigno- 
 rie of the Crown at Sorel. The remembrance oftheir former hap- 
 piness was probably no longer consolation, but rather occasioned 
 dissatisfaction with their actual situation, and rendered them trou- 
 blesome among each other. 
 
 The Governor-General, anxious to preserve peace amongst 
 them, had issued a respectable Commission of Enquiry, to which 
 he invited the Refugee ; probably supposing that his conduct on 
 otiier occasions bespoke an interest for these poor people. 
 
 The letter of invitation is subjoined, to show in its true light 
 the amiable character of that Nobleman. 
 
 " Quebec, 24ih May, 1787. 
 " Sir— Tlie inquietudes at Sorel, and in that noighbouriiood, 
 have determined the Governor to entrust several gentlemen, who 
 
 » 
 
 1 
 
W' 
 
 I 
 
 1 
 
 I 
 
 1» 
 
 9 
 
 will soon bconihc spot, to make siicl. a minute enquiry into their 
 ori.rin.ami the conduct of the parties, as will enable him to apply 
 the^proper remedy (or healing the disorders iu that quarter. The 
 researches to be useful, must be minute, and the material aUega- 
 tions stated in a report so fully as to leave nothing for further in- 
 vestigation and proof. With \\m in view, my Lord Dorchester per- 
 ceived a utility in joining to the eonGdcncc a gentleman of the law, 
 and you'll fintl vour name for that purpose, in the hope that you 
 will not decline" the service, and that the remoteness of the term 
 will admit of your nssislance in the execution of it. You'll know 
 from Mr. Holland and Mr. Collins, the time oi its commencement, 
 which I conjecture will be the next or the week aHer, and they will 
 rthow you not only his Lordship s chief object, but the course i)oint- 
 ed out as niost likely to attain it. ^ 
 
 I only add, that I write on this buaitiesi; at the Governor s 
 instance, nnd that I trust it will be the more agreeable to you lor 
 Its tendency to preserve the loyalists, who, though not wholly m- 
 excusable in these animosities, may nevertheless he entitled to 
 those allowances always to be made, where U>e weight of affliction 
 has worn out the patience of the sutt<?rer. 
 
 " With our best compliments to you and Mrs. P > I am, 
 
 Sir, vour most obedient, humble Servant. 
 
 (Signed) " WILLIAM SMITH." 
 
 The Report on that Commission maybe supposed to besatis- 
 liictory to his Lordship, as the Ibllowing from the Governor him- 
 self to the Deputy Surveyor-General, and the Report on the 
 Commission|waG received and lollowed by a close visitation and 
 enquiry iroin the Point au Bculet to the head o^'the Bay of Quinty, 
 in which tlie identicnrReTugCLMnay be recollected by many num- 
 bers of the present Legislature of Upper Canada— or if not, by 
 their fathers or ancestors. 
 
 In the mean time, tiie continuance of the I4ih Geo. III. limited 
 all grants of land to Seignorial Tenures, no lee simple grant would 
 be conferred on the Refugees located between the waters of the 
 St. Lawrence and the Ottawa, who however, encouraged by the 
 extra visit of the two Commissioners, cultivated the soil in full 
 confidence, and rendered the shores of these two great rivers, and 
 of the tributary streams between them, the admiration of the vi- 
 sitors from old and wealthy countries. 
 
 " Quebec, 4th June, \&Z1. 
 • GENTLBMtN— At tht baiiiL time that I wish the article (or 
 
'1 
 
 «<(• 
 
 vdtir |oiiii niV(>'Jtin;nlioti, a.-, wnl .imMIilt iii.-tnirtioi..-- Iu r(\\i!!i .II- 
 rlarod to Mr. Collin'!, to l)i> m:v\v Known to the .Mhahitnntsoi Jln- 
 new Woslerii SelHcnionts, there will be lu-cd of caution in the ex- 
 ecution ol it, lor the belter discovery of the principles nnu tein|Ki 
 irom which the discords to whicii it refers originate. 
 
 Thaly(»u may be apprised of the object of that article, you \m\\\ 
 receive with this letter, and carefully peruse, the lute comnunica- 
 tion fi-om that quarter; and in marking the conductor the chiel 
 i ,:;jer.ts in exciting disorder and contentions, you will acc(mipanv 
 your rejKirts with proofs upon oath, to substantisite what ahal! 
 appear so exceptionable as to deserve public animadversion. 
 
 " You will also give public information of my design to form 
 these Settlements into a distinct district, agreeably to the late Act 
 ol the Legislature, and endeavour to make your visit there useful 
 in obtaining information concerning the fittest instruments for tin 
 several oflfices and trusts necessary for its organization, as well as 
 the most convenient distribution of them, and the proper places f()i 
 a Court-house, and Prison convenient with Sir John Johnson'i; 
 settlers, whose acquaintance with 'he loyalists, and disposition to 
 serve them and the Government, I v^ j much conTide in, mamtain- 
 ing a proper reserve as to others, that the common curiosity may 
 not he awakened, nor any handle given for any popular conven- 
 tions and representations upon these heads. 
 " I am with regard, &.c. 
 (Signed) "DORCHESTER." 
 
 The result of this Commission opened v. hat were called the new 
 Settlements to every advantage ol civilization, and the assiduity 
 displayed by the Deputy Surveyor of Lands and the other Com- 
 missioner to fulfil all his Lordship's gracious purposes towards the 
 loyal Refugees was so fully approved by that Nobleman, that 
 being honoured himself by a highly confidential trust, which his 
 station did not admit of his executing in person, he thought ol de- 
 legating to the high honor the poor Refugee who had so faithfully 
 executed his former trustsi 
 
 " The Lords of the Treasury on the one part, and Messrs, 
 Harleyand Drummond, Contractors for supplying money to his 
 Majesty's Forces in Canada during the late war, and the Honor- 
 able John Cochrane, their agent, on the other part, have delegated 
 full powers, with right of substitution, to Lord Dorchester, to reco- 
 ver the outstanding debts due on the account ol bills drawn by the 
 r;aid Mr. Cochrane on Messrs. Harloy and Drummond, and sold 
 
 i 
 
 i 
 
«fM 
 
 i 
 
 i 
 
 iii.tvtlii ill the year. rii;lily-oiic mikI .iiiliiy-Uvu. :ii)il (o !iij)ust 
 :mil liqiiiilati' all iiiutUTs and (Ifmnnds relativf.' to ijic .wamc. Hi'* 
 Lmil.siii|) iia.j iiainod you, togellier u'itli Mr. M'Gill ami inysolj; i,> 
 compost: a Hoard to enquire into, iirrann;c, and .settle tli.s hu.smess', 
 nnd directed nie to acqiia.nt you therewith by the Inst i)osi. I had' 
 prej^ared a lei«er accordingly; but it beinj,' su;Tjrcstcd that l-avinj^^ 
 been eniployrd Uo Counsel for Mr. Co'^hrane, you mi<rht be consi" 
 dered as a party, and tlie letter was, in consequence tTicreol, with- 
 held. Hitj Lordship n:)w directs me to mention the matter to vou, 
 iind submits it to yourself, whether you have entered so far \n\n] 
 and taken such part in this business, as to make ii ( mc ol jec' 
 Jionablfi lor y(»u to become a Member of the intei.dc;i iioard. 
 
 '•I am to sufTgest to you, thr.t as you inlend scon visitin*,' Que- 
 l>oc, ifyou couKlmnke it convenient tocome immed-i;ely, it'^ would 
 be very salisfiictory to }iis Lordship. 
 
 •' I am, dear Sir, most trulvand sincerely voiire. 
 (Signed) " THOS. ASTON COFFIN." 
 
 So long as the ancient Refugee cou'd conveniently identify 
 hiniseli with the subject of these notices, he wished to forbear as- 
 suminirony other distinction which mijrht possibly impress a feel- 
 ing friendly, or hosiile, iadependant of the narrative. 
 
 If tlio adoption iA' a disiinct name can longer be dispensed 
 with, the story may perhaps be as well cairicd on in the third per- 
 son, and it will be more agreeable than the Irequent recurrence to 
 a real name. 
 
 The honorable Arbitration being persevered in, and the nwar<l 
 satisfactorily concluded, the high minded Governor took occasion 
 in acknowledging the service to express a regret, (hat he could 
 not compensate the absence from home, but suggested a grant of 
 land to be beneficial in future, and upon that suggestion applica- 
 tion was made '.n tlie following manner : 
 
 THE PETITION OP W. D. P. 
 
 "Humbly Sheweth, 
 "That your petitioner is a native of Boston, in the late Pro- 
 vince of Massachuse$Us. the only male representative of two anci- 
 ent, wealthy, find respectable families in that Fiovince: — that 
 at the breaking out of the late unhappy warfare, your petitioner 
 was among the first, who on the 19th of April, 1775, associated 
 to protect the laws, support the rights of the Sovereign, and re- 
 pel the arms of the rebels : and that your petitioner actually car- 
 ried arms in (he defence of the royal .ganison of Boston, during 
 
4 U 
 
 the coiniuand ol liis F.xc.clleiicy GciitT^ ('■>j;c ; when tfi€ doclin- 
 ing hoaltli o( hi.s wife required him to embark lor England : that 
 your petitioner had at that time no personal fortune, no landed es- 
 tate, no possession, hut had expectations from his family and con- 
 nexions ofan ample inheritance in lau'ls, which he fijrlt-ited by his 
 loyalty, being declared by a Provincial law to be an Alien incapa- 
 ble of such inheritance: that your said petitioner, without requcst- 
 ingany aid from the public under the oppression of real poverty, 
 acquired a profession by which he obtains with great labor and ap- 
 plication, a moderate subsistence for a larireand growing fiimily; — 
 he hopes that your Lordship will not consider it too presumptuous 
 in him at this time to solicit a grant of land in this Province 
 which may in some measure repair tx) his children the losstlwv will 
 su- '.ain from their father's loyalty — and in humble assurance that 
 your lordship will incline a favourable ear to his petition, presumes 
 to point out a vacant spot of land on the South side of the Otlaw;i 
 River, lying between the Upper Boundary of the Scignory of Mr. 
 de Lothbinere,Jand the lower boundary of that of M. De Longueuil, 
 and to pray, that your lordship would grant permission to your 
 petitioner to locate in that tract such quantity of land, as your lord- 
 ship in your giwdncss may judge meet. 
 
 And your Petitioner as in duty bound will ever pray." 
 
 "sir— Mr. Chief Justice has this evening communicated to me 
 the tenor of your declaration to Lord Dorchester in Council this 
 morning, purporting, that after enjoying the protection of his Ma- 
 jesty's Government during the late war, in the character of a loy- 
 alist; I had at the peace quitted the Province with the view to es- 
 tablish myself in the United States, and had actually abjured my 
 allegiance, and taken the oaths as a subject of one of the revolted 
 .Colonies. 
 
 "The facts which gave color to the promulgation ofso injurious 
 a falsehood, I never pretended to conceal from Lord Dorchester, 
 nor did I think an apology necessary for any part of my deliberate 
 .conduct; but as my quitting the Province for a time, and actual 
 residence in the States, form a colourable pretext to give credit to 
 "he other false and invidious charge, I find it owing to myself to 
 call upon you to declare from what source you have your inft)rma- 
 tion, that lever took the oaths ofalliegiance to any of the United 
 Stales; that if it proceeds from any one of any credibility, I may 
 take the necessary steps to confute and punish the slander." 
 
 I am, &c. W. D. P. 
 
 To the Hon. Dr. Mabano. 
 
 ^ 
 
 !* 
 
iU 
 
 -i *< * 
 
 ^yx- 
 
 
 n. 
 
 \ 
 
 *#* 
 
 ^" 
 
 
 
 Sib — Rcflcclino; upon the Commiinication I had the honor lo re- 
 ceive this evening from yon, respectino; ihe assertion made at the 
 Conncil Donrd this mornine: hv Mr. Jnstice Mabane, that since 
 llic peace I hiid takan the oaths o( allegiance to one of the United 
 Slates, 1 deem it incuml)ent on me to tronbleyou on this occasion 
 to conmumicate to niy Lord Dorchester and the Members of the 
 Honorable Board, at which such an injurious falsehood was pub- 
 lished hiy unequivocal declaration, that I never at any time took, 
 or subscribed any oath or oaths of a public or private nature, ei- 
 ther of abjuration or allegiance in or to any of the United States 
 of America, and the only declaration I ever subscribed, ("except 
 that prescribed by Statute for adn^'usion to the Bar) was on the 
 19tfi day of April, 1775, voluntarily pledging myself to support the 
 person, laws and government of his present Majesty wiili my life 
 and fortune against my own countrymen. 
 
 Thepublici.y and nature of Mr. Mabane's assertions may per- 
 haps justify me in stating for liis Lordship's information, what and 
 who I am, my conduct, and the motives of it, since ! could think 
 for myself, not only that his Lordship and the Council may the 
 better judge my pretentions to a few acres of land; but of my 
 claim to support and countenance against so cruel a slander, ng- 
 ravated by the grave character of its Author, the manner, place, 
 and occasion of its publication. 
 
 I am &c, 
 
 W. D. P. 
 
 "^ Petition. 
 
 " W. D. P, for lands on the south side the Ottawa River, be- 
 tween the upper boundary of Mr. De Lothbinere's Seignory and 
 llie lower boundary of that of Monsieur De Longueuil. 
 
 " Ordered, that the Surveyor General report a survey of three 
 thousand acres, corresponding as nearly as may be with the loca- 
 tion described by the Petitioner. 
 
 (Signed) 
 
 J. WILLIAMS." 
 
 The execution of the honorable part delegated by Lord D«>r- 
 chestcr, of representing iiimself c:» the middle-man in tlie arbitra- 
 tion between the Lords of the Treasury and the remitters of pub- 
 lic money, of which'Mr. Coffin, the Controller of Public Accounts 
 for the Treasury, was one, •'nd Mr. M. Gill the merchant, for 
 K.;.-ley and Drummond,was another, and tlie Refugee represent- 
 ed the third person, was so satisfactory, that his Lordship almost 
 immediately placed tne Refugee at the head of a highly confiden- 
 

 'Ml (..:„.„. .uni („:„ ^r.tiiih.MO "' •^'■lll.: :n,.l ru„,p,M„i.i Uu 
 trciujlils ,luo lo (icvviiin.uil. ll,,- |,v,V!,( i„ ,ht> Kiiur's vessels upon 
 > .e Lakes .n„„M.liu^ lu m h.r^e eh.iM. I.y !|. : (ioverunienf, n-|iiel. 
 .lutyl.t-lleluireoeon.n.encccl, l.„t h.d not c„n,plelc.l, wiie., he 
 Wi.s,,i ereu, :mu aeceplnl, the .i,,gul;ir Mppc.inl.nent .,(s,,le Ju.ln^^ 
 m he D,.lnctol IW, un.ler n.,.«t e.x,rn„nh,.u-y pr.,visk,n« or-,,, 
 ;'"l;H..M,.ce p,-,..c,I expressly |i>r (he protection .,[ the- ;.rrcat Iucli;,n 
 tnule r...T,c.i o,,,,, the vast tn.et of uniroverned land hetwec. IIu.l- 
 sonsiJay .-u.,.! U.eS.i.thSea, to the chores of Mexico. 
 
 1 h.3cleval.on of the hun.hle lieh.gce, carryiMo- huv, equil v and 
 justice into that vast rcrrioM, raised hi.n to ohscrvaiiou aiHleiivv, 
 bMt to no direct censure, nntii 1792, after more than two vx.:;.' 
 r^..h-nce a. sole adn„ni.tn.-r of the law ; whe., on (aiiure'of all 
 
 ie t ; / \ ■ '^'" '?'''*' ^^ '' ^"^' ■'"•^'^'••y' '" t''^' ^-napeor a let- 
 ter to the American Secretary at War, then carryin^r o.-, externa- 
 natu.^,nroads upon the Indian u.tions under Brilis!rprotect^>n! 
 
 (copy OF THE FonciED LETTER.) 
 
 -'Sm-I received yours of^ the 12lh of June, which L-ave me 
 
 thil ns .n ''!'TSn, as the former proved so unsuccessful, and 
 
 m i able lor 'i' ."' "T'''' '"' '^^'"^"^ '"^ ''^^ ^^^ ^ -'--" 
 
 cnT-mv Y ^^^*''"7 ^''"'^^<'-on, me may ;ali into the hamis of the 
 
 sren^rth of this country, and how they stand aftected — I h-.vc 
 already ,nven you all the information I could ..et -hovv Mr. 
 
 L.s?;e.r"itr. "^^" T'^''^ ''"'^ ^"^ ^^'^y^ ^^- E:,I^. 
 r^ u ' I? Jn- 'V" •''S't^t'"" to fortify the Maimiesr-M'Kee 
 Ca dwell, Ellunt, LaMotte, a Captain Banbury, and Lieute^ ni 
 Seiby. were very strong advocates f;,r the comf^^tion of , a " e 
 above Captam expected the command there. They have pUched 
 
 down of . ' '■"' "'^ '"'"'"'^ ^^'^'^^' J^'-- ^I'K'^^^' ''"« laic 
 
 Thll K I ^^' '''^" ''''■^ iniplacable enemies to the States 
 
 The embezzlement of the stores has no small share i brh ,'• 
 these matter, about, what with purchasing, necrroes and h Se. 
 
 iiusband n . r ''"'"'' '^' '"^'"'^ ^'^^'"^ *'' ^"^ oil the poor 
 
 *-ba.dmcn^fVom yourJ.ont.er. sum. u, but a .nail .ha.l .1 
 
 \ 
 
 1 
 
\ 
 
 i 
 
 '* The regiment lliai is quartered here you have a very" good 
 right to know, as they were the first who drew blood on the de- 
 fenceless people at Lexington. The officer who commands them 
 is a very quiet, easy man, and would rather attend the slaughter, 
 house or ihe. carpenter's shop, than give himself the trouble to 
 exercise his men. I can assure you, upon my honor, tnat he has 
 not had them through a field one day since they have been station- 
 ed here. This Fort has great quantities of ordnance come up here, 
 six field-pieces, carts, waggons, ammunilion, and intrenching tools, 
 I suppose for the use of the intended Fort. All these natters are of 
 very little consequence, as the French in particular, through my 
 management, are no way attached to their savage principles ; they 
 in general are very well versed in the Indian tongue, and have 
 frustrated in a great measure the above villain's plans. I'm posi- 
 tive, if an army was to ay>pear, tiie major part of them, and the 
 militia would join you, with plenty of provisions and every neces- 
 sary vou may be in want ot, there being an abundance of every 
 kind here. I make no doubt, if you was once in possession of this 
 place, that you could raise a complete battalion ior the internal 
 protection of it. 
 
 " As to the naval department, they seem to make a very great 
 show: they are nov/ building a twenty-four gun ship, wliich will 
 be an extra expense to tlie King, especially while they have such 
 commanders. I should be very happy to give a clear idea of every 
 thing that would be of service to you in your undertaking; but to 
 know these things, we should have them in detail ; and as that is 
 in a manner infinite, our knowledge is always superficial and im- 
 perfect. I have had a great deal of c^uiversation with Lieutenant 
 Turner about those matters, and to give him a clearer idea, I took 
 him down to the Settlement in my carriole, and introduced him to 
 such friends as I could confide in (they being but few) ; the residue 
 beinf a remnant of Caldwell's blood-hounds, the most egregious 
 
 raccais existmg. 
 
 i 
 
 " The plan I mentioned to you in a former letter, conceived by 
 our friend Robinson and me, to abolish this infernal department; J 
 have had no return from Europe ; so that the following may, if 
 well executed. I have mentioned it to Turner, who will acquaint 
 you with particulars more at large than I can possibly pen il. 
 
 " If agreeable to you, I think it will be the means of extirpating 
 the savages and heads of the blood-hounds. If.. )U can confide in 
 twelve or fourteen men of undaunted courafire, with a resolute offi- 
 cer at their head, I have not the least doubt but, by what instruc- 
 tions I have given a tew friends down the Settlement, who arc 
 
ready ai:d willing that assisiance, to be"al)le to carry and cut off 
 
 M'K , C , E , L. M , and Girty. 'l have made 
 
 sure of an asylum at Cornell's or Keazk-s, until matters mav be 
 rjpe. You have n number of sava<res now resident with you ; let 
 them be brought as llir as Fon Pin, and let them be put under the 
 immediate care of some skilful doctor to inoculate with fare; and 
 whei fit to iro about, let them have instructions to infect evcrv 
 ind.yidual article belongincr toihem, and send them by the route 
 of Sandusky, the Rapids, ForlJcfferson, the Miames, Six Nations, 
 
 , n'; : ^""^ ^^'^ *"'""'"' '^^'"'^' ^^''1 eliectually prevent the . . 
 and Micbilmackinac Indians from coming ,o the assistance of 
 hose now already on your frontiers. We have had accounts 
 lately ofthree men and a woman being . . . and Miamee sa- 
 vages which might have been stopped if the least motion towards 
 It had been made by those barbarians I should have sent Turner 
 ofl some time ago, if my plans were not liustrated bv M'Kee, wfio 
 .nsinuated to the commander that it was dangerous^merelv to .rain 
 time, as he and h.s . . only waited for the ice to eel go.Td lo 
 go with Girty (a noted villain) and a prisoner he had got, wTk, was 
 at the party who buried the intrenching tools, withintent to dig 
 them up, anc to secure tlie cannon which were hid on some part 
 of the field o battIc^ Some time ago, a Commission came up to 
 try acnminal and Mr.M'Combv.as appointed one of the Judges- 
 f h. 1 '"'"' ff l"" administer the oath of allegiance to l^m, 
 
 taking It, but, upon my honor, he swallowed it with as good a 
 grace as you or I would a glass of Madeira. You must b! very 
 cautious how you let him or his brother know any thinVofo'r 
 corresponaence, as lam confident it would be of very da'^uirou 
 Mrp-rthifpC ^'''''''-'' verydifferent^LpecTsince 
 
 humbb Sa'mt.""' '" ^"^^"^ "^P^^*' ^°^'^ --^ "bedient, 
 
 -< ivi„; „ r* 1 »T l^^ Signature.] 
 
 Ma)or-General Henry Knox, 
 
 Secretary at War. 
 Philadelphia, Feb. 2d, 1792." 
 
 aeels '. iTS^^ '''^' '"^ r'^''^' ^'^^^ ^^'^" P-<^^^»^^d to the Refu- 
 mitat the first sightthat it must be his writing, which, however.uo 
 
H 
 
 one who knew him would believe, ou reading the conten'.s ; yet 
 there was an active enmity in tiie vicinage, which 'd gratification 
 in stirring up the savages hy going into their villages, explaining 
 the horrors ol"iliis hellish libel, iusomuch that liis life was thought 
 in danger beyond the Posts, and he decided to seek protection of 
 the Commander-in-Chief, at Quebec. 
 
 Tliere he found the new Lieutenant-Governor of Upper Cana- 
 da just arrived f'-om En<^land, under operation of the new charter 
 given to the divided Province of Quebec by the 31st Geo. III. 
 c. 31. This gentleman received the Refugee with kindness, and 
 at once assured him thai. .' j knew ihe authors of the libel to be two 
 officers under his (the Refugee's) official protection, who had ac- 
 companied him from Montreal. 
 
 Mr. Simcoe introduced the libelled man to the Duke of Kent, 
 then Commandant at Quebec, and to Sir Alured Clarke, then 
 Commander-in-Chief, who, with the ready politeness of a courtier, 
 congratulated the Refugee upon tlie occasion for this visit to Que- 
 bec, as affording to the world the highest assurance that he had 
 deadly enemies, who, finding no just cause of reproach in his ac- 
 tual conduct, had recourse to invention and forgery. While con- 
 jecture was afloat at Quebec as to the possible excitement to so 
 diabolical n libel lo be found in the character of the Refugee, it 
 occurred that some years before, whilst residing at Montreal, he 
 had, on more occasions than one, discovered » feeling hostile to 
 the pretensions of the Indian department, to be independent oi all 
 control, and that threats had then been held out of future revenge. 
 
 At the commencement of the Revolutionary manifestations in 
 the British Colonies in America, there resided in North Carolina a 
 considerable planter, of French descent, named La Force. He 
 retained his loyal principles, and was on that accounlso much ha- 
 rassed by his neighbours, that he decided upon abandoning his 
 plantation and retiring into the wilderness to seek repose. Having 
 forujed this plan, he made no delay in the execution, and began 
 his march to the Westward with his whole family, consisting of a 
 wile and several sons and daughters, slaves female and male, with 
 his flocks and herds. Wfien they had penetrated into tl)e woods 
 beyond the settled popu'alion, he proposed -j day of rest and 
 thanksgiving, and directed that after the day's march a heeve 
 should be slaughtered for a feast on the following day. Before 
 sunset his sons had selected a fat ox, and two of ihem prepared 
 their rifles to bring him down : the first shot did that, and the 
 young men laid down their rifles to close inamtf flay and dress the 
 carcase. This was a work of some tim.e. and their parent'^ la- 
 
 / 
 
13 
 
 tigued with llieir day's march, retired to' their tent and wen: to 
 sleep. When the ox was fully dressed, the young men sought to 
 withdraw their rifles from the dews of the night, now Hist dosing 
 in, and in vlie act of removing them from the ground, thsit which 
 had i.ot heen discharged hod its trigger caught by a tent cord, and 
 its ball pierced his father's heart as he reposed in the tent, in his 
 mother's arms. 
 
 The scene is not to be described ; imagination can alone re- 
 present it. They gave one day to lamentation, a second to ihc 
 duty ol inhumation of their father, and on the third proceeded on 
 their route Westward. In due seasou they reached the plain of 
 the Ohio, and maki.ig a favorable pitch became stationary, and 
 surrounded their demesne with a lofty picket, as defence against 
 tlie wild beasts ; they had no other apprehension, nor for years 
 did they experience any interruption to their cheerful labors, which 
 the soil and climate ampl; rewarded to the entire satisfaction oi 
 the emigrant, master and slave, black and white. 
 
 In this slate of happiness they were discovered by a numerous 
 armed force of Indians and Britons prowling for prey; but the 
 British uniform was to this loyal set a sufficient pledge, even with- 
 out their word, for their protection from rapine and insult : they 
 opened their gates and received in their arms the venerated insig- 
 nia of Royalty, assured of no danger to person or property. It 
 was but for an instant : insult to the females first betrayed the 
 want of faith in compact. Blows followed, and death ensued, 
 closed by their entire capture and removal ; as prisoners of war, the 
 whites, and the blacks as slaves, who were marched first to De- 
 troit, .from whence the detachment issued, and where the black 
 slaves were disposed of as such to the mighty of the land, and the 
 white prisoners were marched eight hundred miles to Montreal. 
 
 In that residence I was then an inhabitant, and on a summer's 
 afternoon saw arrive at the Provost Guards ("the prison) the sin- 
 gular group of Mrs. La Force's family — men, women, end chil- 
 dren — in the ^orlorn appearance of prisoners of war under military 
 escort. 
 
 The Serjeant of the Guard graciously pernfitted me to ex- 
 change a few words with Mrs. La Force before she- entered the 
 prison-gate ; and the bystanders collected by so unusual an ap- 
 pearance readiiy listened to my account, ami threw into my hat, 
 held tjut ti)r the purpose, as many pieces of silver and gold lor their 
 relief instantly, as enabled a kind-hearted shopkeeper, on receiving 
 the counted contents of my hat, to engage to supply the immedi- 
 ate wants of the party at prime cost. 
 
 On the next morning I visited the gaol, and learned irom Mrs. 
 
 
 4 
 

 I 
 
 m 
 
 La Force the particular disposal of her elaves, which had bt'Cii 
 taken from her and assigned to the names in a printed list she 
 (rave me, and which the same post I transmitted to tiie Com- 
 mander-in-Chief at Quebec, who' expressed ihanks for tht part I 
 had taken, assuring me Ihat he had ordered the Commander i:l 
 Detroit to seek out and return Mrs. La Force all her uomcstic 
 slaves; but the General-in-Chief had not power to enforce such a 
 command at the distance of a thousand miles. 
 
 The slaves remained in the possession of those who had ob- 
 tained them as spoil ; such, at least, as fell to the Officers ot the 
 Indian Department. 
 
 My call upon Sir Frederic Haldimand for this act of autliority 
 was no recommenda tion to me some years afterwards.when I became 
 myself a public functionary at Detroit; and that circle (when the 
 means devised to punish my interference was the forged letter to 
 General Knox) well suited to its object, the destruction of a sup- 
 posed enemy, by the savage resentment of an ignorant and bar- 
 barous race. 
 
 Some of the plunder ot those unhappy wanderers from North 
 Carolina still remained about Detroit, out of the reach of the Com- 
 mander-in-Chief, at the moment of the unholy attempt to nd the 
 Indian tribes and their adherents of so impertinent an intruder, 
 who being now resident among them, might be appreliended to 
 revive the claim of the widow and orphan. 
 
 The awful termination of the career of the libellers (one by 
 drowning in a state of intoxication, the other in a foreign dun- 
 geon forlio good) gave quiet to the Refugee so long as he conti- 
 rued sole Judge of the District of Hesse, when his removal to 
 the ProvinciafCourt of King's Bench closes the first part of this 
 narrative. 
 
 I 
 
 All was changed : the Province of Upper Canada received the 
 long delayed lesultof the Petition carried to England by the Re- 
 fugee in 1783. . r -E^ 1 J 
 
 Its new charter gave to it the Laws and Religion of England, 
 and provided by the"" Crown and Clergy Reserves abundant sup- 
 port for the Crown and the Altar, without taxing the labor of the 
 
 inh-.bitinti . . , i . j / .u 
 
 To tbp immortal William Pitt the world is mdebted for the 
 prsctical execution of so happy a thought, which might have oc- 
 
M 
 
 currisi to his i/lonous n.il.er, who only wanted the pmplietic eye 
 to see the wild, of Canada filled with an intelligent race ofhein.^s 
 cultivatiiinr naviirntion and coinmorcc. ° 
 
 In the infancy N.adinrr to .such a state, the Refugee was in- 
 dulged ,n be.no- n^.de nsefnl to the loyal population in the early 
 details ol orcranization, and was durinnra period found eminently 
 so, m po,ntu.<r out a remedy fi.r the long delav in m-antinrr to the 
 o.y^.l..Ux.ttl«r the assurance of his tnbor on the lands assfgr^ed to 
 h.m by the Royal Patent; during which delav, of nearlv ten 
 years the oromary vicissitudes of \ife mu.st be expected to 'have 
 transferred the actual possession. The labors of the Refu..oe to- 
 wards th.s good e.,d may be supposed to have been successful and 
 satisfactory, as, many years afterwards, a voluntary reward of 
 one thousand pounds was awarded to him by the popular part of 
 tlie House of Assembly. ^ i ■ •■ w 
 
 During the administration of the first Lieutenant-Governor* 
 he. Refugee, so much encouraged and so rapidly advanced by the 
 Gov..>rnor-m-Ch.e/ remained stationary. The distinguished ap- 
 pi.>bat.on of a predecessor israrely a recommendation to a succes- 
 sor; and the fi'st L,eute.iant-Governor having served under the 
 Governor-General while .e commanded the A.mv in chief, Imd 
 some .magmary cause of offence, which he was al times inclined 
 to y,s t upon the fa.ored Refugee ; but, upon the whole, was sa- 
 ished to pass h.m over equally free from censure or applause, and 
 he enjoyed the ohum of the Bench with little interruption ; but he 
 must observe that, humble as was his sphere, he was treatkl with 
 u teni.on ,n the several successions in the chair of Government 
 uniu loio. 
 
 In that interval, the most remarkable interruption ofthenure 
 enjoyment of domestic life was the misfortune of his son, a youth 
 of great promise, who was led into the expedition of Miranda, and 
 captured by the Spaniards in the Province of Venezuela As the 
 character of th,s invasion could be only high treason in subjects 
 or p.rocy m foreigners, the son of rhe Refugee was sentenced to 
 suHer the punishment of labor and imprisonment for ten years in 
 Umoa, as a commutation of the sentence of death on account of 
 nis youth. 
 
 The receipt of this intelligence interrupted everv enjoyment 
 m the dvvelingof the Refugee, which he left in sight of the^reat 
 waterfall o Niagara, to procure the release of his son. Unknow- 
 ir^ and unknown in Europe, where it was requisite to make his 
 
 mand credit, he obtained one thousand pounds in exchange for the 
 
tfr 
 
 I 
 
 grant of land u|)()n ihe Ottawa, and arrived in London. Ik'nin; 
 known by name ai the Colonial Otfice, he received attention to the 
 subject of his visit. Tlie nation was at war with Spain, and en- 
 tertained M Madrid a Commissary of Prisoners to attend to what 
 related to the legitimate jjrisoners of war, and the Spanish Court 
 maintained in London a similar establishment. 
 
 The Transport Board, under the direction ol the Secretary of 
 State^ ma('e known to the Spanish Resident the case of the Refu- 
 f^ee, who, dee|)ly interested, vx'aited upon that officer to learn in 
 V'hat delay he miji^ht exi)ect lo hear from the Court ot Spain, and 
 thoufrht he perceived an indifference in the Spaniard that argued 
 his interlercnce useless. 
 
 An obscure Refugee from the wilds of Canada, unacquainted 
 with diplomacy, was correct in his judgment. The following cor- 
 respondence was the result. 
 
 " Sir Rupert George having shown to me the letter written by 
 the Board to Don Manuel de la Torre, and his answer on the sub- 
 ject of my son, it struck me forcibly that the Spanish gentleman 
 did not apprehend the force of the application. Impressed with 
 this idea, I waited upon him to show that ]);.rt of the grace asked 
 by the Board was probably secured by the Spanish Minister in 
 America, and that the object now was the release, absolute or con- 
 ditional. When lie learned that I had made such exertion for this 
 purpose, he expressed iiis surprise thai the Board had not sent lor 
 him, and verbally communicated to him the full interest they took 
 in the application, for, as it was, he conceived that they had been 
 urged by some pressing individual, and had given the letter to gra- 
 tify him rather than to urge the reciprocity of a favor. That un- 
 der tfiis impression, he had written to Madrid in a very different 
 manner from what he would liavcdone, had he conceived the Bri- 
 tish Government inclined to the favorable notice of the applica- 
 tion. He seemed nuich to regret that he had forwarded the paper 
 in such a way; but proposed that by the next packet he would 
 enter into further explanation. But I thcMjght I could pc ceive 
 that he wished to be able to say positively, that any of His Majes- 
 ty's Ministers, though unofficially, had expressed the wish \irged 
 by the Transport Board. I have thought it possible that Mr. 
 Wyndham could authorize you to write a line expressive of his 
 good wisfies to promote the object of my voyage, wliich I might 
 show toM.de la Torrej for I can perceiv^e that he makes a wide 
 difference between the private wish of a Minister of State and that 
 of the Transport Board. « W. D. P. 
 
 '• To Thomas Aniyol, Esq.»' 
 
16 
 
 >■ ! 
 
 •* Downiiinr-strect, 12lli January, 1807. 
 •'Mr. Wyiidhairi presents W\s (;onii)limen; i to M. ile la Torre, 
 ir> request llint lie would have the iro'ulness to use Ms frieiuily 
 cniieiivours lo further the object o( the .'ipjilieation ot Mr. P. to 
 the Court of Spain. Mr. Wyiui!iani vvoiiki not have taken tlie 
 liberty of trouhliiifr M. de la Torre on this subject, if he did not 
 leel a strouL' interest in iavoroflhe youni? man in whose behalf 
 the ;i|)plicalion is made; aivj if le had not also ielt that the re- 
 spectable and important office lield by his Hither as one of the 
 .)i'd<res of the Kinfr's Bench in Upper Canada, demanded from 
 Mr. VVyndhani, in his .diicial capacity as conn(Tted wiih the Co- 
 lony, such an expression ol" his jjood wishes lor the success of his 
 Petition, as he has ilone himself the honor of communicatinc; to 
 M. de la Torre. 
 " Don Maimel de la Torre." 
 
 " Finsbury-square, 14tb January, 1807. 
 
 " Don Manuel de la Torre bcifs leave toacknowledo;e the ])ri- 
 vato note which the Jli<j;hl Honourable Mr. Wyndham did him 
 the honor to address to him on the 12lh of this month, in liivor of 
 the application k.nule to the Court of Spain by Judffe P. in behalf 
 of hisunf!)rtunate son. Don Manuel will, in behalf of the 'RnAit 
 Honourable Secretary of State's desire, immediately endeavour to 
 promote with his Catholic Majesty's Government the wished-for 
 success of the venerable Judije's Petition. Don Manuel avails 
 liimselt ot this opportunity to assure the Rijrht Honourable Mr. 
 Wyndham of his best endeavours, and that he will lose no time 
 in communicatinfT the issue of his representation to the Spanish 
 Government, which be has the best hopes will prove favorable. 
 
 " Right Hon. Mr. Wyndham." 
 
 In consequence, the Refugee, upon bis arrival in Spam, found 
 an influence had gone before him more favorable than he could 
 liave expected. He arrived at the Court of Aranjuez on ttie4th 
 of June, presented his petition to the Priiice of the Peace on the 
 6th, and on the 10th received the crown of his labors in so full and 
 gracious a manner, as to afford pleasure to the reader at this dis- 
 tance of time. 
 
 This unweigbed measure of the heart, in defiance of rearon, 
 had proceeded so far, (England,) with a scarcely suspected suc- 
 cess, but the singular occurrence which then enabled the further 
 pursuit has in it matter for wonder. 
 
 - 1 
 
17 
 
 T!i..' rftiiif ol war iiiul for tliivc years so impoiloJ the cnrrc- 
 spoiidiuice with llic Sjiaiiisli Coloiiies, ns not tu aflonl lo (lircc 
 Spanish Viceroys, or Governors, conveyance for tlicir annua' 
 re|)»)ris to the Sovereiirn. 
 
 At tliis time, nine ir.irrc packets found their way from the 
 Ci)iiiincni to Admiial Dacres, confidin;^ lo hia honi»r lo preHeiii 
 them to their address to tl)e public llinctionarics at Madrid. Tlic 
 ^rallant Admiral shifted the responsibility to the Gent'ol Post- 
 Ollice, in whose mail for Jamaica they r.rriveil in London. Tlie 
 case was new. The Postmaster General did not leel at liberty t<» 
 transmit such a correspondence, in the time ol war, to llieir 
 address in an enemy's country. He sent them to the Office ol" the 
 Secretary of Stale lor tlie Colonies, who, upon the llefiinree's s(»li- 
 citation of a passport lor Spain, received the nine despatches, to 
 hold as the sine qua nun ol a passport lor hinisclf to Madrid. It 
 could not have been obtained without this concurrence, as the 
 orders were so peremptory to the Spanish Ambassador at Lisbon 
 not to tyrant Ticcess to any lorcigners, that it had been refused to 
 all the solicitation of an Irish gentleman for many months; who. 
 afier he found that it was jrranted to him on account of these des- 
 pitclics, became indijrnant, and quilted Lisbon witfiout disclosinfr 
 his errand to Spain, which was afterwards discovered to be an 
 importani nef.^otiation fiu' the preservation of the Spanish Colony 
 of Peru, ol whicii his faiher or uncle had been Viceroy, and ol' 
 vvhicli, as soon as Mr. O'llig-frins returned, he became the Revo- 
 jution'ry President. 
 
 This journey to Spain upon so interesting a subject, had intro- 
 duced tiic humble Refugee to a great variety of charact'^r, in 
 which it was delightful to observe tfiat in the highest circles — lor 
 he wi.s admitted to clone interview with Nobles and Princes — he 
 uniformly discovered the most liberal, condescending and delicate 
 kindness in the highest ranks; and he feels called upon to say, 
 that amongst these, a poor and obscure Protestant foreigner, he 
 received the most ardent luid powerful countenance from tiie re- 
 spective Nuncios of His Holiness the Pope, at Lisbon and Mad- 
 rid. The Refugee lingers with extreme gratification on the event 
 ol this successful expedition in the recovery of h.is son, in tlie 
 progress of which lie was taught to admire humr.o niiture Icil^.n 
 adulterated in the Old WiM'ld than iie had found lieriu tlie New. 
 
 He returned to Upper Canada, stiil enjoying the i.onfideni'c oi 
 ita Gov.rnor, wfio ctdlcd hirii fVoni o!:a ^tep to aunliu r, until tie 
 'oimd hiar;e]f, i'l i-ivno ''^lu^l.;c tuicz-i^-uV^''. n'Mio u.v th.iir <■! 
 State — fi- ■ he was .vnsn i,;:i(ir .'V,-dtx \;)r-A h^ji;(>.;- ui.ik. r»i( uiiv.^. 
 
1 
 
 18 
 
 Z 'in.T 7"'"^ I'T /" ■' "'" ''''''' "^'' l^^^'^^^U.e Councillor ; 
 (. I.a. .Iccl.noc! loinkolMsscnt, a.s .loubUul of ihc propriety nl 
 
 by the oiler ol a lor^c salary, to nccc-pt th. olflco of Speaker 
 Ihis r;ta.umhn.I, Proni the Hrst or^rauJzation of 'lie Govon.iucnt' 
 ben orcup,e.l l.v *!.o Chier Justiee, (Icr the ti,.e bein-O w" o •' 
 nrr.iahle plulosopher, adverse to the in.rifr„e,sof politics, mulily'ex- 
 chn,.ge<l ,t lor a pension with case and indolence. As the .s.icces- 
 s.on was intended fi.r il,e Refu-^oe, ,t was considered requisite that 
 he should make a voya.ire to En^rland, to present in person the 
 recommendation, and receive the appointmen. there. He did not 
 readily acquiesce in this proposition, having, allected a point ol 
 delicacy as to solicitation of Judicial promotion, which liad hither- 
 to been put up.,n him. Tliis hesitation ffavc occasion to a wdl- 
 wisher to address to him arguments in favor ot the vova-c ^vhicJi 
 he could not resist, and proudly refers to that documeiU of pro- 
 fessed good-wil, lu order to mark the contrast, which, at no late 
 day dodarod h.m unwovihy the reward of his extended services 
 rhcKclugec, havn.;. now attained the summit of preferment, 
 had more than ever at he.', the benefit and happiness of societv 
 and as he could not avoid reflecting that toe Province in some' 
 measure owed its cxisten, e to his exertion in 1783, when he ear- 
 ned to the foot of the Throne u:e Petition in .av^r of the loj | 
 Refugees, he was led perhaps beyond his sphere. 
 
 In the administraiion of Governor Simcoc, he had been present 
 vvhen the Bishop of Quebec urged the allotment and endowmen, 
 u( parishes with the Clergy Reserves as the substitution for tithes 
 which mduccd the consideration of that subject, and the discoverv 
 tl.at /:-om an omission in the printed statute 31 Geo. IH. c. 31 the 
 Church, notwithstanding its endowment witli the Clerfry Reserves 
 wouldbo legally entitled to tithes of a parish as soontTt was 
 
 I'fXnqllflltfxI fill,! t?nn Ti,...,..>1 ..... •. T , *^"^ 
 
 constituted and the Incumbent inducted, ... ... .a a.s power t(, 
 
 delay such constitution of parisiies and induounn nfCler.rv. {l 
 which he succeeded ancUio parish was le..ii. .xisimg wh^'he. 
 iie I.eiugee, took a lead in the great Council. To secure the in^ 
 habitante of Upper Canada from the most remote possibility of 
 being called upon for tithes, he introduced ana carried the decla- 
 ration tnat they should not bo claimed, paid, or received. 
 
 la the unprecedented omission in the printed statute of that alt 
 'u.poi-tant clause respectini- tithes, the Refugee thought ri-H.t tc 
 watco tuc legalizing the P vincial Act, and fbund that allhourW, 
 Uiero was .spccuil provision in thi Charter, that the King shoilj 
 i6.->e!u lo u . i-n,vinciul law aliectinir the Ch',iri-li of KnH.'^nd. 
 
* « « ^ . » I » 
 
 li 
 
 w 
 
 xviflioiit first siihmittiiiif its cnnclinenirt to thr cnnsidcmiion (»i 
 Fnrliamont, the Aholition ol Titht's Dill IjUiI n.-ccivcd ilio U»>y;i| 
 Astjuiit, vvillioul Gubniission lo I'Mrlioincnt, liu gave ollLnci' hy 
 pcremptDrily rcquiriiijr Hiat it slioijjd undergo lheccr',ni(ny bclbrr 
 itconUl be received asi law licrc>. 
 
 Tills close attention to the Royal prerogative in its exercise, 
 the Uefiigec had reasoit to believe, was made use <*f by sonic who 
 ou^lit to have known better, tt) ve])resent him as inimical to the 
 Cluirch of England; but posterity will judi^e. When, at a lulurc 
 [leriod, finding that the national lionor was hkely to be intrL'tievI 
 into an act of injustice, by th-; disposal oi these Reserves, other- 
 wise than as provided by the Charter, lie risked the charge of in- 
 consistency, in an at^'^mpt tof;"ve back to iheCIiurcli her ri^ht lo 
 tithes, of which she had been robbed by his own act, if the Re- 
 serves should be taken from her. 
 
 The Refug -e had obtained, in the oontcrripKition ot his frienddj 
 ih.c si'tmiit oi reasonable expectation, or c^'w-n hope. 
 
 ^n the great mcetinsjol hit^ fellow- subjcctf;, in the exorcise of 
 thuir most fluttering privilei^e— thai of making laws (()r their own 
 goveri>nicnt, — he held a mostsurpi'sing pre-eminence, secoiu' only 
 to the Representative of his Sovereign • having his iamily about 
 hiir:;, in prominent sJtations in the drair.a, — his eldest son Clerk ol 
 Paiiiameiit ; his second son Cleik of tt;e Commons, .-iiul his soii- 
 .n-law the Clerk otthcCrovyn. Sucii a dis|)l;)y .ifforded a morbid 
 ■atisfafiion, as indicating to the Refugee the rapid contrast in nii 
 human affairs. His laliours became no longer sat isiactory, and he 
 .;ank gi.-.ihially to the <listrcssing .siuintion (.if iicing held out to thi; 
 community at large as the basest of mankind. 
 
 x\ftcr having rendered service to an individual of great imiiort- 
 ance, and to the very verge of duly, the Refugee found himself 
 constrained to resist an a]jplication from him i ntirely unjust. 
 
 Sometime after, a libel appeared from that quarter, Itasc and 
 contemptible in the extreme, and entirely unworthy of notice, i( 
 the Official Gazette ol the Government had not adopted the libel 
 and encouraged its circulation. 
 
 This revolting indecency callr t. r notice, which will (jc .seer 
 in the following remarks and corr ^ondencc. 
 
 "■ To Lord Chief Justicf Van Pawkie, at the Hague. 
 
 " Mr DEAR Lord — There is something so venerable in Lie 
 aspect of age, that we arc k\l at once to demean curw'ires i Ciorf- 
 
 
^20 
 
 If, u-iili nrravity and deconim, Tlie ladod hrnw, the iioary l(jck.s, 
 nn<l the furrowed clicck, strike u-swith uwc, and lorbid the lonfruc 
 of levity to move in their presence. If to nge he added wisdom 
 nnd EXPERiENCK, crowned with the inostimnble diadem of ret,i- 
 cioN and virtuk, Uic ellect is proportionably strikinf?— bui more 
 especially if all those are united in one who is exalted to any of 
 the highest stations in life, where firmness and excellence of moral 
 character always shine with distinguished lustre, and give real im- 
 portance to the dignify of office. But when we approach tho 
 grey head, high i" authority, and instead of finding those substan- 
 tial virtues thai shed their sacred brilliancy upon the post of ho- 
 nour, we find enormous wickedness interwoven but the more 
 closely into the texture of the mind, by the corifirminrr liands of 
 liabit and time, we are shocked, and recoil from the spectacle w)(h 
 horror ! This last, my lord, has been my situation when contcm- 
 i)lating the Cardinal jllberoni, seated upon the throne of justice, 
 and iiolding her sacred balances in his partial hand. I saw in him 
 the dissembling hypocrite, the vengeful enemv, the treacherous 
 friend, and the unjust judge. I saw him still fresh in liie exercise 
 of bis mental faculties—strong and eager to pervert justice— bold 
 and unblushing in oppressing the innocent,- -and I determined to 
 hold the glass of truth before him, that in it he might contemplate 
 hmiself; conscious that the public eye was taking the same sur- 
 vey. And now, my lord, permit me to speak of him to your lonl- 
 ship, with a bolilness and fu ulom becoming an unshackled mind. 
 
 " After the separation of the S ii C s in A a 
 
 from their imperial mother, what could have induced his lordship 
 to select this realm for bis home, when subsequent acts of his life 
 so strongly mark his predilection in favour of republican princi- 
 ples ? Did he perceive that here woulil be a more ample field for 
 the exercise of that deep cunning for which his lordship is prover- 
 bial . Was It that thereby he could build the fortunes of fiis 
 house, and fix his strong hold of the public purse upon a firmer 
 loundation, where competition in the arts of dissimulation and in- 
 trigue would not be so likely to deprive him of that monopoly 
 wbicli superior management generally secures ? What passed in 
 lii.s mind, previo'is to bis extraordinary tmir to a strong city, is not 
 for me to Know : 1 can only draw conclusions from the facts wfiich 
 transpired. Hut I may indulge a little in conj,,oture. The 
 
 ^-cencR then actinjr in 
 
 -v F 
 
 iireupt witli the mania of extirpating kiu'rlv aiKl 
 
 e might have fired iii^ 
 
 mighl have r;i!!cn upon his spirit like tl 
 
 "I'l-our^ -ompo^ilion, and produced iho^^c curious Statk 8 
 
 iori;.y. They 
 
 he ignited spark upon the 
 
 APKns 
 
31 
 
 9 
 
 which foil from his Ixisorn In an tiiiffuanlod moment, iiml whirl, wt h 
 the cause oflhiit journey. In this cause he risKed much, and cimu 
 ni<rh losiu<r all; and had it not been lor lii.s wily fa<j;iicil\ -ran 
 your lordsliip t<.'ll what would have hccn the result? iJut \wvo he 
 was not only suflicienily aiiful to balk l>liiidlbl,liHl Justice, as shr 
 put her hand to the balances charged with hi^, late, but soniauai-ed 
 Ji^i to come from the contest ready to aHceud upon the .scale ol pw 
 motion, whenever lortune should furnisb vacancies. Vacancies 
 have occurred ; and I • has not only availed himself of their ad- 
 vantages, but lie has subscquendy dared to attempt insulting the 
 <'ar of a jujracious monarch, Ihroufrl, |,is minister, by applvin^r (oi 
 an olHce to be fixed upon bis (amily, during the lileiimeol' an ho 
 nourable and aged iucumbenl, who has a descendant ol gendeman- 
 ly liretcnsion, who is legitimately looking forward to succeed his 
 l;illier. Whatever may have been liisaddress, or the insidioubiiesj: 
 i)r his cuiming upon that occasNh, it is to be hoped his application 
 uill be understood and propcly appreciated by his Majostv. 
 
 " It once fell to the lot o! his lordship (o sit in judgment upon 
 some unlt)r(unate wretches charged with the crime ol' high trea- 
 son. He sat as the mouthpiece of Justice, to dispose oMhe lives 
 of men who had only followed bis own example. What ought to 
 have been Alberoni's feelings at that critical moment ?— a lapse o( 
 ) wenly years had not obliterated the remendjrance of that exam])le 
 from the public mind, and recent suspicions were of the .same tex- 
 t urc. The jury were inclined to the side of mercy ; bui Al beroni, 
 with a little too much zeal, for a disinterested Judge, told them it 
 was necessary to make examples, in order to strike fearfnlolbe 
 hearts of others. True, my lord ; but was it because justice de- 
 manded it, that the Cardinnl felt ibey must expiate their crime at 
 her altar.'' or did not bis lordship feci as if immolating human vic- 
 tims to the Moloch of his own emolument? or is it {)ossible that 
 .self-interest so far bliuued biui that he never reflected upon the 
 cflect his over ..nxiety to convict these men, would have upon tiie 
 public ? If Alberoni ever thought the common multitude incapa- 
 ble of thinking shrewdly upon.sucboccasi(ms, he has been grossly 
 mistaken. Tl.cy often trace actions to their true sources^ when 
 they appear but idle spectators. It may be, bov/ever, they could 
 not, attbattime, comprehend the clue that wound up his primary 
 object; but they strongl.f suspected lie bad something at bottom 
 besides inmishing rebels out of either a sen.se of justice, or a feel- 
 ing of k>yalty. They suspected (and they bad a right to .suspect,) 
 that his conduct then formed a link of the chain by which be drew 
 lour thousand dollars from the public ciit'St, to enable l.im to carry 
 
23 
 
 i»n a spcctilnfinn ot no loss mn/rnitu'Io ihnn tlio contrc scat of ihe 
 I)cnch of Juslicc? Hnd he been iippointci' upon n Intc disiant 
 find important mission, wliicli lie very miioli desired, nrnicd willi 
 the wei^iit. of legislative, executive, and pojjular auiiiorily, as Ihe 
 lionourahlo person who went was, the God of Heaven only knows 
 wliat he would have aspired to. No person who knows him can 
 doubt for a moment tliat the interests of the wliole j^eople would 
 liave vanished from iiis recolleciion, tlie instant they came in com- 
 petition with the (iincied interests of himself and family. Upon 
 that occasion fie had the finest opportunity his Avhole life had 
 aiforded him of knowin<T positively the manner in which his real 
 or pretended excellence was estimated by all clas.se-j of the Kin^f'w 
 subjects, from the hii^hest to the lowest. His afleclation in de- 
 fendinf^ rcfjjal prero/rative irom bciuf? trenched upon by tlie popu- 
 lar branch, was most perfljctly understood; and ilic result of hi,-; 
 S(|uahblin<jj to defeat the wishes of the whole country oujibt to have 
 taught iiim, that, a J the country grew in information and mora! 
 improvement, dishonesty in p(^htics, and quackery in law would 
 be put down, and that he ought to retire from his filgh public 
 situation. 
 
 " Upon .mother occasion, he sat in judgment whr>n certain 
 justicesof the peace were prosecuted for something dcnie in dis- 
 charge ot their magisterial duties. From some cuul'c or otlier. 
 best known to Albero;ii himself, they seemed particularly obnoxious 
 to him : probably their principal crime was, living in the neigh- 
 bourhood ot, and acting with a person whom to destroy would hi; 
 to him superlatively gratifying. When pressed by the observa- 
 tions of counsel, he liad to ackn- wiedge to the jury, and in pre- 
 sence of the country, that the conduct of the magistrates had been 
 authorised by fiicts proved to have been before tliem ; that an ac- 
 tion did not lie against them ; and that, if u verdict was obtained, 
 it would 1)': set aside in the court above. He slated that this cir- 
 cumstance liad occasioned a good deal of talk, and that he was 
 glad tfiatit had come beh;" '"? country ; and then said he would 
 give the matter to the jury, as though an action did lie and that 
 tlie jury, under these circumstances, might find such v-^rdict as 
 they j)leased, but which would he set aside, if the ccnrt above 
 agreed iu opinion with him, that an action did not he — at all 
 events, in the way in wliich it was brought, the Cardinal dudg(; 
 was sensibly annoyed when any thiufy came out in evidence in fa- 
 vour of tlic magistrates, as lie did not take it ilovvn on his notes. — 
 Several evidences de])osed very strongly in their liivour; but lit; 
 did not take down a word ilieysaid, nordid he repeat onesylinlilf 
 
-^ff 
 
 23 
 
 of it in his chfircjc to the jury. Now, my lord, whrtt wns his <.h- 
 Jectiii doin^r so ? It sa-ms lie was dofermiiie.I (hov t^lioiild "Ive a 
 verdict njrainst (he niagi;jiratcs, at all hazards. Why did he not 
 takedown all Ihc evidence, and ^ive the whole matfer to the ju- 
 ry ?_was it that he mi^htfrratify his own wicked di.sj)ORition and 
 wound the feelinovs uf the justices, by Iiavinjr a prepostcious'vor- 
 dic.l a<rainst them, and llion put them to the expense of setiin-r it 
 Jiside ? Or, was it no more Alberoni that did it, but sin that dvvelt 
 inliim. 
 
 " Tlie writer of Ibis has no other object in view than the lord 
 Cardinal's rrood and the good of the public; and he hopes that 
 before his valedictory act, in retirinnr to receive an additional ])cn-' 
 sion, out ol' the fund which was granted fnr other purposes but 
 from whicii he ha? been receiving a large sum annual.'y, contrary 
 io the positive and expressed determination of the Commons who 
 granted it, lie may repent, as becomes a CJiristian, and see the 
 evil of his ways; conscious, at the same time, that Cic public will 
 have to be tr.xed for his benefit, until be shall have slept with his 
 fathers. A construction was given to the act granting the monev, 
 by the Cardinal, during an administration wldch, lurli long time,' 
 bad resisted the machinations and insidious intrigues practised by 
 'iim, but towards its close became entirely subject to liis control. 
 He had been manoeuvring Avitli certain ])ersons, during the pro- 
 gress of the bill, to gel it through, couched in the langua"ge of am- 
 biguity Avhicli he himself had recommended, and wliicli was but 
 too successful ; and Avhen pnswl, lie cunningly gave it tfie singu- 
 l;.ir appellation of ' The King's 1\\ nlium,' andda-ide'l, in l)is JiTgh 
 capacity; that himself might, with impunity, receive the sum he 
 wanted annually, to put him upon a f5>oting with another person. 
 This has always been resisted without effect. Alheroni's judg- 
 ment in his own liivour, has so fisr obtained its object; because 
 having received the money during the lime liis influence prevailed 
 e-vcr the kingly authority of the country, (Spain, in the days of 
 Philip v.) subsequent adniinistrations have felt delicate about de- 
 priving him of that whicli lie receives as a matter of grace, al- 
 though, that lie should never enjoy it, has been iJie unanimous 
 wish of tlic people. 
 
 '' A SPANISH FREEHOLDER. 
 "Madrid, September 20, 1719." 
 
 I 
 
94 
 
 •• Extract from thn York Weekly Register, 7th October, 1821. 
 
 "'A F>et;liol(ler'.s letter to ' Pawkie' hns been received ; atid 
 DorwithslnmliniT the precautions taken to {liF>fjiiise tfie hand, ihi 
 .5up|)osed unknown atithor may rest assured that, by interna! evi- 
 dence, lie is known to us — But in our hands he is safe. It is real- 
 ly a terrible ])roducti()n, and the more terrible because we have 
 reason to believe the allegations it contains to be true — Bui, to 
 publish, ornot to publish.'' ' that is the questioi 1' We consider 
 ourselves tolerably indepenvlent, as to principle at any rate — Yet 
 a three years' study of the Law of Libel, and an occasional trip or 
 two lowards the confines in order to try nhe ground hasf^one far to 
 convince us that Lord Mansfield's definition of libel (it any defini- 
 tion can be tTivei)_) was aixutt light; ergo, il tnis letter is full oi" 
 truth, il is full of libel ; and with another ergo, it may be quite as 
 well uot to try, on the present occasion, how fiir a Canadian Jury 
 may consider themselves judges of the law as well as of fact; espe- 
 cially as we arc ignorant of the pro 'Cation given. The author, 
 however, bas our thanks for bis wel! vritten, Junius-likc pr«)duc- 
 tion, vvliicli we shall take leave to ret;, ii, not absolutely rcfiisliig to 
 publish it at some future period, ilie occasion fitting — It is a capital 
 letter, and with many other productions ol" the like nature augur.s 
 well for the reputation, and rising character, of this piomiaing 
 
 COUUtl'V.'" 
 
 ^- 7h the Printer of the Upper Canada Gazette. 
 
 " York, fiih November, lS2^ 
 " In llic Colonial Advocate of the IJtli October la^i, published 
 Hi (-{.ucenstown, there appeared a communication under the signa - 
 Hire of ' V Spanib.li FrechoUlcr,' containing an accumulation of 
 sinnder respecting the Chief Justice of this Province. 
 
 " Calumny in thai Journal is considered as quite iniinxious, and 
 the Chief Justice, to whom this publication was this , for the 
 first time, shewn, treats it as it deserves; but the printer of the 
 Ooverur.ent having in an unofRcia! journal published in the same 
 '^heet with the Gazetieof Iiie7th October last, thought proper to 
 •tamp thi.s libel wit!i all the ( redit he could giv; , it does .ippc-rir to 
 
25 
 
 lie such a breach ot decorum, consitlerinrr tlie relation of (h;' Cliiel' 
 Justice to his Majesty's l^roviiicial Government, as niiglii justify 
 notice and . ,_, y^ from its liiii;liest uuthorifv. 
 
 (Signed) ' '^W. L). P." 
 
 VT, 
 
 " 6lh Novembir, I8i24. 
 " Sir — I enclose copy of a communication v.-hich I iiave this 
 day made to the printer of tlie Govcrnmnil G r/.cite upon occa- 
 sion of an editorial paragra])h in hio Jouruai 7th October last, 
 published and distributed with the Gazette. Tins is the first no- 
 tice I have taken ol Newspaper scurrility, which I respcctlully 
 submit for the consideration of His Exceilency. 
 " I have the hop i 'o be, Sir, 
 " \ ^, &c. 
 
 (SiL'!KUl) " W. D. p. 
 
 " Major HiUier, &.C. &c. vS.c." 
 
 '• Government Hon •?, November 13th, 1824. 
 " Mv OEAK SiK — The Lieuleuant-Govenior had, befijre lie 
 canie over, desired me to instruct the Attorney-General to take 
 the proper ofticial notice of the ])ublication '.vhich has lately ap- 
 peared in the Colonial Advocate, and which, His Excellency feels, 
 ought not, (or obvious reasons, to be suffered to pass without pro- 
 secution. I find, upon His Excellency's arrival, <liat subsequent 
 refiection has suggestetl to him that you ought to be made aware 
 of the intention before any steps are actually taken. 
 
 "'' My dear Sir, 
 " Your faithful Servant, 
 (Signed) " G. HILLIER. 
 
 " The Hon. the Chief Justice." 
 
 " Saturday Evening, I3lh. 
 
 " Dear, Sir — I received your letter of this date, and lose no 
 lime to request you to ofliir to His Excellency assurances of the 
 lively sense I enteitain of his gracious intention of taking official 
 notice of the publication which lias lately appeared in the Colonial 
 Advocate. 
 
 " The poison disseminated in the publication under signature 
 of a Spanish Freeholder, would not be neutralized by a convic 
 tion o( libel which t'lc f)rinter o! th-.' Upper Canada Gazette 
 
 m 
 
 "m 
 
26 
 
 shrewdly roiimrks upon jliis occii.sion, is oL'aravalcd in proportion 
 to the truth it coiitaiiisi 
 
 '■ The .sliiiidor is nrHvo, and ,sl!'.in<--: the who!.? nr,-,,_ri>>v;'j f)f ;ui 
 active. F niiirht nlinost sny, a public li.'o ol Imll'a century— the rc- 
 lutatioMs mu.-U be ])ointe(i and supported hy dociiniontsOr appea' 
 to iivini!: wilncisyos, which 1 innpoise to attenipi hulore the next 
 sittiufT of the Let^isiature, in Uie hope lo vindicate His Majesty's 
 Governnjcnt from the opi)robriuni of relainintr in tiie highest seat 
 ot the Provincial Judicature and Council, a character so spot'ed 
 and debwiihed. 
 
 A " * "I am, dear Sir, 
 
 '^'; " Your obedient humble Servant, 
 
 '' ,, (Signed; '= w. D. P. 
 
 " Major Hillier/' 
 
 " November 10th, 1321. 
 " Deau Sir— I accfuainted you that the I.ieutenant-Gover- 
 nor bad dn-ected me, in consequence of your letter of the (itb in- 
 stant, to address Mr. :\)lhcrgill on the subject of his editorial pa- 
 ragraph ol (he 7lh October. F nni now to acquaint vou that lias 
 gentleman has, in vindication of himself, transmitted to me, for 
 Jii.s Excellency's consideration, the cojjv of his letter to vou on 
 that subject. I need scarcely add, that the explanation It professes 
 to render is not of itself satisfactorv to His Plxcellency. The 
 Lieuteiiant Governor is surprised that Mr. Foiheraiirims not 
 adopted the obvious course ol producing to vou, in its orio-inai 
 bandwriting, the distinct article to w!;ich he slates his paran-'naph 
 of th:: 7th October to have reference : aiid I am desired to al^cer- 
 tam il It would be satisfactory to you that he should now be called 
 upon to do so. 
 
 " I have the honour to be, 
 " Dear Sir, 
 " Your faithful and obedient Servant, 
 ,, „„ ,, (Signed) " G, HILLFER. 
 
 ' " riie Hon. Chief Justice." 
 
 ^ ^ '^ Vork, 17th November, 18:4, 
 
 Dkvr Sir— The communication I had the lumor to make 
 to you on the (Jth instant, resulted from no personal feeling towards 
 the prmter, but from a sense of what was due to His Excellencv 
 tlic Lieutenant Governor. 
 
 (i 
 
27 
 
 Hud resenhjienl. to Mr. FotlK?ri:^iir,s interlercnce then existed 
 in :iiy mind, it oertiiinly would not be diminished bvliis ietier to 
 me, oi'whioli you have a copy. JUut i;s I coiisitier his pledije of 
 I'aith to the libeller (who iiad not tonfided to him lii.s secret) the 
 only redeemliio:qu!dily of his parHgTiiph, I could receive no salis- 
 laction Irom a breacii ol tiiat proniiso : in truth, I have no wisli to 
 l<novv the authors of the libel, who must bear sutlicicnt punishment 
 'n the wii'ked disposition which produced it. 
 " I have the Ijonoi- to be, 
 •' Dear Sir, 
 " Yourobedient and humble Servant, 
 
 (Sio-ned) " W. D. P. 
 
 " Major Hillier." 
 
 
 <l 
 
 '• Government f louse, November l7lh. '82-1. 
 
 " Sir — I amdii'ected by the Lieutenant Governor to acquaint 
 you, that Mr. Fotiicri^ill havinit'cncloseil tomeacopy ol'iiis letter 
 in reply to your (Ujnimunicalion to him, it appeared to His Excel- 
 lency, that the mere ailirmation of Mr. Fother<>'iII that the articles 
 were distinct, was by no means likely, under all the ciicumstances 
 thtit existed, to be received by you as satisfactory. By your Note 
 of this morning it is implied thai in fact so lit r from Iwluir so, it 
 rather afjijravatcd the cliarge. Considerinn; the relation in which 
 Mr. Fother<yili stands to tiie Government and your own situation, 
 itseeme<l not unnatural to His Excellency lo suiiii'est that you 
 should be iiirnishcd witli tlie only proof that could be perfectly 
 conclusive in favor oi'Mr. Folherfriirs statement. 
 
 " Wliether any step that Mr. l'\)'liero;iil miiflit take ir. conse- 
 quence would have theefft-'Ctol acquitting him perfectly in the eye 
 of the Government, even though t!ie paper might not have proved 
 io allude to any of its officers, would necessarily remain tor His 
 P^.xcelleiicy's (consideration, and upon that iicad I was not directed 
 'o express any opinion. 
 
 " But as Mr. Foihergill declared the paper to vvfiicli his article 
 relei'S, was a production very dissimilar from that vvhicfi occasion- 
 ed your representation tliat itwaswiitten by and addressed to 
 diiVorent ])ersons, and was moreover written in a disguised liand, 
 His Excellency consitlered be should not be exacting loo much 
 from Mr. Fothei'iTi'l to require its production. It would have been 
 to little purpose to institute an inquiry without desiring to receive 
 the only explanation that could be decisive. His Excellency did 
 not apprehend the possibility of any person being jirejudiccd by 
 
2f 
 
 the exiiibilion ji a paper so described, independently of the strict 
 confidence necessarily implied in a communication made under 
 such circup.islanci's and li)r a jAirpose so perfecUy understood 
 The Lieutenant Governor directs nic now to say, that he has only 
 to recrrct, that in his desire to place this matter on the most just 
 footinjr with respect to you, he should liave subjected liimscli" to 
 a reply bclrayincran evident and entire disreirard of his Excel- 
 lency's honor and feelings. 
 
 " ! have the honor to be, Sir, 
 " Your most obedient hund)le Servant, 
 
 ('^•g'ltd) " G. HILLIER. 
 
 " The Hon. Chid' Justice." 
 
 
 " York, 18th November, 1824. 
 "Sir— J answer your letter of yesterday's date, lo protest 
 against such a construction of any expression Irom my pen, as be- 
 trayed an evident and entire disregard to the honor and leclimrs 
 of Sir Peregrine Maitland. ° 
 
 " I may want the fact, the polish, and the exquisite refinement 
 of nioderneducation, but I avow an inherent unacquired 1)1 inciple, 
 which may as well dicialo what is becoming a gentleman. 
 
 " It has enabled me lo admire and respect in His Excellency 
 all the graces and Christian chnuties, and a i'eart glowing with 
 the love of truth and abhorrent of mystery and iii<rigue. 
 
 " During tlie painful occurrences of the last three years that 
 respect has never been violated ; and I invoke His E.xcellency's 
 rcrollection of any sentiment from me on tlie numerous tojjics, 
 which may have elicited my opinions and advice to discover the 
 least deviation from what became my relations to his person and 
 government, or my duty to my Sovereign. 
 
 " I have the lionor to be, Sir, 
 " Vour obedient humble Servant, 
 
 - (Signed) «' W. D. P. 
 
 " Major Hillier." 
 
 *' Govern men' House, November 18th, 1824. 
 " Sm — I am commanded by the Lieutenant Governor lo ac- 
 knowledge your 1( iti r t)f this morning, aiid to add that your letter 
 of yesterday appc.r\d to His Excellency to be capable of no other 
 construction tiian that you received and rejected the suggestion of 
 His Excellency, contained in ray former note to you, aTdegio-ned 
 
'i!) 
 
 ' 
 
 to lend to a violation ol' honor and to a breach of promise on the 
 pari of tlie individual you had complained oi, which yon coiud not 
 countenance although the Gt)vernment mirrht. Expressions con- 
 vcyinir this nioaninjr, and acconipaniod by no qualification of doubt 
 as to your own view ol the ])roposition of defercncv' for that of 
 his Excellency, could scarcely fail to excite aslonishnienf, and they 
 seem to His Excellency difficult to reconcile with those seniimcn*s 
 of respect lor the Lieutenant Governor which your last note 
 expresses. 
 
 " I have the honor to be, Sir, 
 '" Your most obedient humble servant, 
 
 (Siirned) " G. HILLIER. 
 
 " The Hon. Chief Justice." 
 
 " York, 19lh November, 1824. 
 " Sir — I liave the honor to ackno\vled<^e your last letter of yes- 
 terday's date, and can only lament the conclusion. 
 '* I have the honor to be, Sir, 
 " Your most obedient humble servant, 
 
 (Signed; " W. D. P. 
 
 " Major Hillier," 
 
 " York, 22d November, 1824. 
 " Sir — In 1819 I had the honor to address His Excellency the 
 Lieutenant Governor on the subject of the c.fice of the Clerk of 
 the Cri)vvn and Pleas. 
 
 "The tenor of that communication is become important tome 
 under the pressure of malignant report, but I have in vain sought 
 lor tlie draft among my papers. 
 
 " Will you have the goodness to lay before His Excellency my 
 respectful request, that I may be furnished with a copy of that 
 address. 
 
 " I have the honor to be, Sir, 
 " Your obedient and humble servant, 
 
 (Signed) '' W. D. P. 
 
 " Major Hillier." 
 
 ~ " Goyjrnmcnt House, November 22d, 1824. 
 
 " Sir — Upon my offering to lay before the Lieutenant Gove.-- 
 nor your letter to me of this date, His Excellency was pleased to 
 
BO 
 
 say, tliMi before lie cm led jusiilied in atu-ii.linij (o i.ny coinniiitii- 
 catK.iilroiuyi.iK lie insKsts on my letter of tlie 18tli insiiuil lieiii"- 
 aiis^veml l.yMU-ii a distinct and sati-slhclory explanation as vou 
 cannot l)e in-iioranl it recjuires. 
 
 •' 1 have till- honor to be, Sir, 
 " Yourniosl obedient liiimble servant, 
 
 (''^'S'""'!) "G. HlfJJRR. 
 
 "TlieHon. Cliief .liisiice.*' 
 
 " 23d Novcnber. 1S5>4. 
 
 " SiK— A iiii,dit\s con.siiltal.on on my i>illo\v has not abated the 
 consternation I experienced lioni the receipt ofvoiir letter of last 
 evening.', when I protested ai^ainst the construction <riven to my 
 answer to y(Hir sii<rirestion o( satisliiction Iroin the jirinter, tha't 
 protest »vas designed to disavow the intention (^l wounding the 
 tionor or feelings of His Kxcellencv. 
 
 " I further declared "he highesL respect for his Excellencv'« 
 person and character, and that such respect had iu;ver been 
 violatinl. 
 
 " When I found byyour letter of the 18th, that my protestand 
 declaration had not the ellect of removing the impression, 1 despair, 
 cd ol being able to ellect it, and answered your letter merely to 
 acknowledge its receipt and my sorrow that I was not believed. 
 
 " Next to the scandal of a direct lie, I consider equivocation 
 most base and contempi'-ble. If, then, such appears to His Ex- 
 cellency in my protest and declaration, I may lament but cannot 
 resent the error ;— tlierelore, if you will have the goodness to dic- 
 tate that which will allord a distinct and satisfactory explanation, 
 I shall have great pleasure in adojjting it. 
 
 " I have the honor to be. Sir, 
 " Your obedient and humble servant, 
 
 (Signed; " W. D. F. 
 
 " Major Hillier." 
 
 " Government House, November ^23d, 1834. 
 " Sir— The Lieutenant Governor having had ample reason, 
 K« the plain and natural sense ofvourletter of the 17lb instant, to 
 consider his honor and feelings disregardeil by the Chief Justice, 
 could not receive a reply vindicating instead of explaining, the 
 expressions you had used, though accompanied by general and un- 
 necessary professions n( resp.'ct, as a salisfacfory explanation of 
 
31 
 
 your liijrhly ()ljj,..ctioii!il)|.j ItU.r; iuid lie tlicrelon' dircckd i Mo 
 express to you in |)rcr.is(. fLinis, llic only constrDcf ion thiii letter 
 npj)t'ared to )iim capable of bearinir. 
 
 " Under those e.ircunistaiice.s, His Excellency could not but be 
 persuaded ibaiany person well disposed towards the parly whose 
 lionor and feelings had been oilended a-rainsf would have readily 
 and hei'.rtily embraced s\icli an oi)por(iniily of disavowiuir explicit- 
 ly tiie obnoxious th:»ii<r|| oi)vi()us construction, and of aiating tli,. 
 sense his words were intended to bear. Your letter made itHirht 
 Miat the Lieulonaiit (jovonior should expect sucfi an explanation, 
 and, incallin^Mor it, His B'^xcellency had no intention of Jiurtinu" 
 your iVeli ngs. 
 
 " The Lieutenant Governor desires me now to add, that he 
 ea.i ])ave no inclination to avail him&c'lf of your oiilr of ready sub- 
 mission to any explanation t!..it may be dictated; but in rec"eivin<r 
 it as an acknowledfremenf, His Excellency cannot (iirbear expre^s""- 
 iniT his regret at the absence of that disposition on your part which 
 would more naturally have dictated tiie explanation required, than 
 a declaration o'" compelled and unqualified submission to any that 
 might be suijgesled. 
 
 "The Lieutenant Governor has no desire to protract a corre- 
 spondence, which an unwillinfrness to depart from theime of for- 
 bearance be had prescribed to himself in his intercourse with you 
 could alone have induced him to extend so fir, and which a "few 
 unstudied words, rcquirinur no sacrifice of proper leeling on vour 
 part, and obviously consistent with every sense of^propnefy 
 and duty, would have brought at once to a satisfactory con- 
 clusion. 
 
 " I have the honor to be, vSir, 
 " Your most obedient humble servant, 
 
 (HUrued) " G. HILLIER. 
 
 " The Hon. Chief Justice." 
 
 The morbid sensibility dis.dosed on tliis occasion naturally dis- 
 posed the parties to want ot confidence and mistrust, which could 
 not fail to cause uneasiness and jealousy with relerence to manv, 
 even past transactions. 
 
 Some years before, in 18^21, about the time of the correspond- 
 ence referred to in the remarks, kc, the Refugee perceived a spi- 
 rit of intrigue had obtained access to the Legislature, and liad been 
 constrained to enter on the Journals his dissent to certain measures 
 carried in opposition to him by his zealous fi-ieiHl. who had induced 
 
3a 
 
 iitin to violnlc his|)rincii)lL's ;intl procofd to Enifloiid Jo solicit con- 
 llriiiation orUii.' CliiLf.IusticCsliii) proposed lo him. 
 
 The various liisscnls so filtered mi the Joiiniid?) are here tnii). 
 scribed, thai ihey may ^peaii li)r the truth and jiisiicc ol thellefu- 
 jjee, who ill ilie eonllictol opinions stood ah>'ost alone in ilie House 
 he presided in. His chid' oppostr u;is ihe llevereml friend who 
 had intlueiiee lo persuade the Governor that liie measures dissent- 
 ed lo by the Sj)eakeron the Journals Aveie most wise, uselul, and 
 ioyal ; and that thi; Speaker was moved tliereunto by base nnd 
 personal (.onsideratioiis, iifleetiiii!; not only iifion ti.e ma jority in 
 both Houses, but on Hiis FiXcellency and his lei^al advisiis, who 
 sifTiiified ills assent to the Law; but as the .louiiials were trans- 
 mitted to the Secretary ol State, ii wasthouuiit proper to r» move 
 from them the obnoxious dissents, lest they miirlit have more inllu- 
 ence in Dow!iin<i,- Street than York ; and as iiidueemcnt to remove 
 them before they reached Kii<fland, His Excellency was persuaded 
 to command tlie f" peaker to withdraw from the Journals the seve- 
 ral dissents vvhici he had entered whilst Speaker, as bein^ a breach 
 of privilef^e ot iiuil ollice, to oppose the majority of that House 
 whose servant lie was. 
 
 The Refugee havinir discharfired his duty, as he ihoup;ht, in 
 those dissents, consented to their abolition rather than quit his sta- 
 tion as Speaker and Cliief Jusliiic — the threatened penalty of his 
 relusal, and the Governor cngai^ed two Members lo move and 
 second their removal Irom the Journals, vvhicli was carried w\ . 
 out opposition. 
 
 Such a transaction, it may be supposed, did not coiduce to 
 harmony or kind (eeling amoiiy; the leadinj^ parties ; but the Refu- 
 gee, conscious of no ollinice to his King or Country, still struggled 
 to preserve Ins station lo the age of seventy, to which he liad ever 
 limited his i)ublif ^services, and wliich was last approaching. 
 
 DISSENTS OF 1S21. 
 
 J)i83entiet — From the Bill passed yesterday, entitle i " An Act 
 to repeal the Laws now in Ibrce granting jjoundage to »he Re- 
 ceiver General of tiiis Province, and to provide a salary (or that 
 oflicer ill lieu of such poundage." 
 
 (Signed) W. D. P. 
 
 Entered on the Jou'uals 'ilst December. 1821. 
 
9B 
 
 Dlssentict — To the Jjill tiititktl " An Act to a|>i)oint Trnstcei 
 til tlic Will of William Wotk^, lii'*' «'l York, Escjuirt', ilci-Cisseil, !<» 
 cnrry iulo ellt'ct thf provisions tlu'retil';"' J>C('-aii8t' there is not 
 liclorc llic I louse Milliciciil iinliu c i.;< ill ic jiistily Micii iiii 
 kiiiuctiufiit. 
 
 (Siunif'O ^V. D. I'. 
 
 I U-rt-ci oil iI:l' Jounial.s nil J.iiuiap . ls-2-j. 
 
 Dtsseniiet — From tlio vole toconciir in the Rosolntion sent uj) 
 tt> this House Irom the Couuuoiis House of Assembly, io acldirss 
 His FiNcellcncy tiK" liieutciiaiit (jovcriior to transmit, by a parti- 
 cular iiiilivi(hial, to the liiolofllK' 'riiroin', the joint Address of the 
 Leirislative Council and House <»1' Assembly t(» His Majesty; 
 because, however <»lossed, I coiisidei it an undue interlerencewitii 
 His Majesty's lle[)rcseutalive in the exercise ol" a iii<jhl admilleil 
 and declared to exclude all participation by any other braiicli ol" 
 the Legislature. 
 
 (Si-ned; W. D. V. 
 
 Knleied on tlie . Journals Hih January. IS-ii. 
 
 Dtsseniiet — To the Bill entitled " An Act to authorize the 
 ap])oinlineiit o!" :i Commissioner lor the puiposes therein mention- 
 ed ;" because the \)iovision ol' the JJill is unusual, and uiuiccessary 
 to enable he I'iXecutive branch ol'the Constitution to exercise its 
 powers in such nianp<:'r as its own discretion may direct. 
 
 (Signed) ' W. D. P. 
 
 Entend on tlie .Journals IGth January, 18-2:2. 
 
 Dissentiet — To the Bill entitled " An Act granting to His 
 Majesty a sum of Money to provide for the api)ointment -v*' a 
 Commissioner l()r the purposes tlicreni mentioned;" because it is 
 unasked, ami unnecessarv to enable His Majesty's Representative 
 to transmit duly to tlie loot '<' <he Throne the sentiments of the 
 other branches of the Legislature. 
 
 (Signed) W. D. P. 
 
 Entered on the Journals ItUh Januarv, ISjI'i. 
 
 A prior occurrence of deep interest to the Province had exposed 
 the equal tenor of the Refugee's ciuiduct to censure on all sides. 
 That, on the part of th Peer of the Realm was embodied in a 
 complaint to the head of the Colonial Department, o( which, inas- 
 much as related tn the Refugee, he was acquitted bv the Seere- 
 
:u 
 
 uuy of Siaii'. Tlic iioiict; ol tlii« NoWemiiii's libui, addressta to 
 ihc GDvernur, was rcconiii.^tni ;,s u sati.slactory relutation, and 
 therefore accompanies liis letter to Sir Perc'Triue Maitland. 
 
 "York, KJtIi October, lild. 
 
 " Sir— Since 1 had the honor to address to Your K.xcellencv 
 a notice of such leiral proceedin<rs against the North-west Coni- 
 p..nyand theEariofSelkirkasI was acquainted with, 1 have seen 
 a Hbel pubhsiied by that Nobleman, in the shape of letters from a 
 Mr. Ilalketl to Earl liathurst. 
 
 " There occurs in such parts of this libel as relate personally "t^ 
 to me, such a confusion of truth, verisimilitude, and absolute 
 lalsehood, as may not easily he separated and api)reciated. 
 
 " May I bejT Your Excellency's indulovnce to lay before you 
 a more (litfuse notice of those ijassages than 1 thouglil necessary, 
 on hrst receiving from Your Excellency his Lordsl.ip's letter to 
 tiie Earl of Liverpool, and the desire of Earl Bathursl to liear 
 both sides. 
 
 '.' !" '^''-^ ^^'^ "' ^'"-^ ''l^^^' '^ '•t^'-'^ted hi3 Lordship's Cidl upon nie 
 as Chief Justice, to receive his surrender, and to admit liim to bail 
 on a supposed warrant from the Ma^-istrates of ttie Western Dis- 
 trict. I liad reported this visit to Your Excellencv, and, as I 
 thought, truly. 
 
 " I did not deem it necessaiy to iniomi His Majesty's iVliiHs- 
 lers that Earl Selkirk liad been long known to me; .Lai on his 
 hrst visit to Canada he had frequenily Honored mv table and do- 
 mestic circle with ins presence; and that subsequentiv, in Europe, 
 he had acquired claims to my personal gratitude and attention. 
 
 ' 1 dul not think ,t necessary to state, that bis forlorn appear- 
 ance and Jimnbhng agitation, when he ollered to surrender him- 
 self, gave nm a further iioid on my sympathy. I saw before me 
 a Peer oftlie Jtealm,-a man of elegant acquirements, apparently 
 sinking under consciousness of misconduct, which in my mind"l 
 re erred to the report of the iransactions at Fort Williain. That 
 I declined any inlerierence as a Magistrate is correct: there was 
 JK) charge be/ore me ; 'and a confession of IL-Ionv, or of an escai)e 
 
 Lordship, I would not bail. 
 
 " Wlien I learned from his Lordship, as complnMiino-of hard- 
 «l"p, that, m order to surrender himself lo me at York, he had 
 made a vast and dangerous detour through the uninliabited terri- 
 tory of the United States, I ,lid express regret that bis Lordshi. 
 
 J 
 
 
;5r) 
 
 
 'I'lie colour (fivcii to this seniiment, expressed l\v nie as jiraluitous 
 advice, to eliule tliC hand of Jiit!tic<% is hke Jiis Lordshijj's usual 
 perversion ol' the tiulh on this occasion. I (Hd indulge a leeling 
 no loniyer excusable by iriendship or personal esteem, but arisint^ 
 Irom a (eeling I must leave others to define. 
 
 " At tiie moment my dinner was announced, his Lordship's 
 friends arrived to surrender also, and, with his Lordship, were 
 asked to partake ol il. The presence of Mr. Baby, the senior 
 Executive Councillor ol'the Province, li-om a lew .: inutes after his 
 Lordship's a- ival till his departure, would seem to be a £^uarantee 
 that 1 (lid not ifiatuilously commit myself either as knave or loot. 
 In the course of the dinner, retleclioM on tiie situation ol my nruests, 
 and the jealousy which it mif^ht occasion, induced me to send a 
 servt'it to the Attorney General, to inl()rm that officer tliat the 
 Earl of Selkirk was with me, and desired to wait upon him. 
 
 '■ The next day the subject was mentioned in liie Judge's 
 robing-room ; and it was agreed that the surrender should be to 
 the Magistrate who had issued the warrant. On the following 
 morning I understood ihiit his Lordship proceeded to Sandwich, 
 acoom])anu.'d or Ibllowed by the son oi the Attorney General. — 
 I iiave but one observation further to make on his Lordship's 
 statement o( this transaction ; it is, that if he thought thai the ad- 
 vice which I gave to him proceeded from friendship to him, and 
 was derogatory from n)y cliaracter as a Magistrate, it was base 
 lo publish it; — it, on the contrary, lie thought it proflered as an 
 enemy to betray him, no consideration should have induced a gen- 
 tleman lo break bread with such a wretch as I must have ap- 
 peared to his Lordship. 
 
 " In page l;>0 of the libel, it is insinuated that, on application 
 to reform the Grand Jury on account of interest on the part of 
 the Jurors, the Chief Justice acceded, contrary to his own opinion. 
 So base an itisinuatioii can only be retiited by its impronability. 
 T»^o sucfestion was ollered of other interest than that, of a conimis- 
 
 IT*""' 
 
 sion as Commercial Agents ol the North-west Company. 
 
 " This objection was founded, as the Court thought, on too 
 remote an interest, il any, to justify the exercise ol a high and de- 
 licate authority, to reform the Panel of Grand Jurors; but the 
 Chief Justice gave liberty to the two gentlemen lo decline their 
 attendance if they thought proper. 
 
 "In the next page it is staled that the Grand Jury wanted infor- 
 mation on the subject of conspiracy, and ap|)lied to the Court, but 
 
 that Chief Justice P 's explanation was not very likely to 
 
 (.niigiilen tiieui. 'i'iie truth i^ not exactly so. Tiie charge to the 
 

 
 
 3<i 
 
 Grand Jury was predicalecJ upon the Calendar, and did not no- 
 tice the matter of conspiracy, ".oncernin<); whicli there were no 
 depositions or other docunient.s before the Court when the Grand 
 Jury was sworn. Upon discovering that ihey had belore them an 
 indictment for con jju-acy, the Chief Justice took occasion, lioiu 
 their presence in oourt, oji the subject of admitting the jjrosccu- 
 tion, to marshal the evidence,— lo remark to tlie Grand Jury, 
 that not having adverted to such an enquiry in his charge, he now 
 infornr.ed them, to the be-si ot his undei.standing, of the nature of 
 the olience of a conspiracy, li, is possible that, in at) vmpting to 
 explain a very simple position, that a conspiracy wais tJie concert 
 of two or more, to injure another, or tfie public, by unlawful means ; 
 and that the fact of confederacy might be made appear satisfac- 
 torily to the Jnry by overt ants and circumstances, without direct 
 proof of the confederates being present together; and that the 
 gist of the offence was the conspiracy to d the injury, and not the 
 consummation of it, I may liavc confused the Jury, but they ap- 
 peared to comprehend my meaning. 
 
 " In page 133 it is falsely asserted that the Chief Justice ad- 
 journed the Court without day, without notice to, or sending lor 
 the Grand Jury, with expressions of warmth and resentment. 
 
 " I had the honor to assure your Excellency, in my letter of 1])e 
 2d October, that this assertion was liilse. In the same place it is 
 asserted that the Chief Justice appointeil the Assizes at Sandwich 
 to be held, contrary to custom, the last on the Circuit. 
 
 " The Circuits are t.k .n by ihe Judges in rotation. M'he 
 Western Circuit was taken by me in 1809, 1811, 1813; my ab- 
 sence interposed at the next Term ; and in 181 S I again took tliat 
 Circuit, and uniforndy I named Sandwich lor the last Commission 
 day. This unprovoked misrepresentation of laci happens to be 
 ascertained by an Oliicial Record in the Crown OlRce. 
 
 " Tlie other assertion, that no animadversion was made oa the 
 tardiness of the Grand Jury bef()re the adjounmienton Saturday, 
 has as little truth. The Grand Jury was asked the cause of delay, 
 not by way of reproach, but to afford instruction; and upon the 
 foreman representing to the Court that they could not agree either 
 to find or to reject the Bill before them, the Chief Justice observed 
 that if, after a reasonable time for deliberation, twelve of the Jury 
 did not c(mcur in finding tl)e Bill, it should be ignored. That it 
 was no Bill if twelve did not agree to find it true, upon due call of 
 the foreman. 
 
 " On the Sunday the Chief Justice, satisfied that the Grand 
 Jury had pursued a very irrei^ular course in exnmininfr witnesses 
 
 
37 
 
 against the Bill before them, ku^ on tiie Monday oxprosscd no 
 '■- warmth, but alter the Court fiad sat .some time, sent tiie Slieritl' lo 
 inform the Grand Jury, that if the Jiirv or their foienian diil not 
 come iiiio Courl belore noon and account lor tiie delay, the Court 
 would aujourn, not to sit again. 
 
 " The Sheriif reluctantly reported that the Grand Jury would 
 allow no answer to be made U) the Court : when having conlinucd 
 on the Bench till one (-'clock, having callctl u|xin the iJai' to inform 
 if, if ihey had knowledge oj any such precedent, and being unani- 
 mously answered in the negative, the Chief Justice, with the full 
 concurrence of the Counsel lor the Crown and for Earl Selkirk, 
 left the Bench wilhoui adjonrnnient. In so doing, he then thought, 
 and thinks still, that he did his duty. 
 
 " I cannot condescend to repel what I must call the infamous 
 insinucition, that the Chiet Justice ingeniously stepj)ed in to shield 
 the Attorney General from the mollification oi' losing a second 
 Bill. 
 
 " I will not conii)are the purity '»f the Attorney General with 
 that of Earl Selkirk. The lormer is respected l()rihe qualities of 
 his heart as well as his premature talents ; the lattt was venerated 
 for his birth and rank, and admired lor splendid talents wherever 
 lie passed in Upper C.mada, until the transactions at Fort William 
 opened his true character-. 
 
 " The evidence on that indictment was so poweriid, that it is 
 now well known thai as to his Lordship il could not be resisted ; 
 and no person then present now doubts that his Lordship was at 
 the moment of the adjournment informed that he was to be expos- 
 ed if that Jury had come into the Court, and that his exultation at 
 the event he now affects to depk)re was then extreme. 
 
 " In page 153 it is stated, that although the Law officers of 
 boih Provinces agreed upon a point arising on the Act of Parlia- 
 ment, the Chief Justice seemed disposed to differ from them both ; 
 and that the liberation )1 the prisoners would have been the pro- 
 bable consequence, if the opinion of the Chief Justice had not been 
 overruled by the other two Judges. 
 
 " The insimiation in the above paragraph is, that the Chief 
 J?'«tice gratuitously otll'red his opinion on this subject, and was 
 overruled by the other Judges. The fact is, thai ilu- Chiel Jus- 
 lice's opinion on ihis occasion was judicial, and entirely concurred 
 in by the other Judges. 
 
 " Two prisoners in Lower Canada, charged with murder in 
 the Indian territories, were transferred to the gaol of York, in 
 Upjjcr Canada, byw^arrant under the Sea! of the Province, iit 
 
\y 
 
 ^ 
 
 u 
 
 Lower Canada, r.nd signature of the Governor, vvlio had no more 
 privity with the jjaolerthan the Governor of Nova Scotia. 
 
 '• An application was made to tlie Court of Kincr's Bcnrh, on 
 their beliaU; for a writ of jWafteas Corpus', and on the return of 
 that writ the discussion took place which is so flippantly repre- 
 sented by the hbeller. 
 
 " The Counsel for the prisoners coniended that there was no 
 lejral commitment m Lower Canada, as the Maffistrafe who com- 
 mitted them on charjre of oflence done in the Indian territory was 
 not a Justice of Peace under the 43d of the King, and had no 
 power to conmjit (()r ofienceh done out of the District of Mont- 
 real, of which he was a Police Maoristrate ; — that even if they had 
 been legally committed there, the warrant of the Governor ol" 
 Lower Canada to the Sheriff here, was of no authority to detain 
 them, and that no Magistrate in this Province had jurisdiction to 
 hear and commit otfi^nders lor otlenccs in the Indian terriiory ; and 
 that therefore the prisoners ought to be discharged. 
 
 " The Court decided unanimously that the commitment by 
 warrant from the Governor of Lower Canada was ol no force, 
 and the prisoners must be discharged liom imi)risonment thereon. 
 " But the Court was of opinion, that the instrument under the 
 Seal of Lower Canada, conforming to the Statute, gave cogni- 
 '/ance to the Courts of Upper Canada, as if the criine had been 
 committed here ; and the depositions being resworn and read in 
 Court in presence of tfie prisoners and of their Counsel, which 
 charged them severally with felony and murder, to wliieh no- 
 thing was said but that the Magistrate who received the deposi- 
 tions was no. a Magistrate for the Indian territory, a rule was 
 made to commit the prisoners to the gaol of the Home District, 
 until discharged by due course of Law. 
 
 " Such was the proceeding represented by the libel as the idle 
 opinion of the Chief Justice overruled by tlie other two Judges. 
 
 " It is not a little surprising that a person of Earl Selkirk's 
 powers of mind should havesubjectfd himself to so many convic- 
 tions of misrepresentation of matters, transacted in the face of 
 the public, and susceptible of judicial proofs ; but when we observe 
 that from whatever cause such misrepresentation.^ have been made 
 and refuted, others which must depend solely upon his Lordship's 
 credit, such of his account which is otherwise unimpcached can- 
 not be expected to make a deep impression. 
 
 " I trust that Your Excellency will meet satisfactory proof 
 from other quarters, to confirm the general truth of Mr. Halkett's 
 letters to Earl Bathurst as false, vyicked, and malicious libels; 
 
 
 I 
 

 / 
 
 m 
 
 a<,'aiiisl the poison ol which there can be no juiiidote so powerlul 
 as Your Excellency's declared disbeliel communicated to His 
 Majesty's Government. 
 
 " W. D. P." 
 
 In a small society of equals, it is much in the power of one ir- 
 rearular mind to disturb its peace. The claim of the Attorney 
 General to reinihursemeni of a sum of money, wliich he was con- 
 scious ftf no authority ^v, began the first interruption of a friend- 
 ship, if sue!) may be called the daily intercourse of benefits on one 
 !»Hk, and the; grateful acknowiedgnieni »i-4ltem, for ten years, 
 Nothing but a sense of duty could have induced the Refugee to 
 Such a risk; but the slightest breacli once effected, theie was the 
 less chance to restore tlie broken tie. 
 
 Its consequence merits a. fuller account than tliis, ar 1 shall have 
 it, with all its bearings. 
 
 The fivored youth and the zealous friend found cau.se, as they 
 i!M;ii,^ined, to abet the most cruel insult of a suit at law instituted 
 iii^'iiinst the Chief Justice, in the Court in whi'^h lie had presided 
 for matiyyea,-s, with distinguished credit for lionor, and integrity, 
 on cltarges the most base and demeaning. 
 
 When the Refugee accepted the honorable office of sole Judge 
 in the Western District of the Province of Quebec, he left at Que- 
 bec his note of hand to a friend for the sum of £413 5s. I2d., which 
 bore date the 3d April, 1789. 
 
 This debt had been occasioned by the purcliase of a small but 
 beautiful estate on the mountain of Montreal, or. v/hichhehad im- 
 prudently expended much more than the cost of the land, which 
 much exc«eded the amount of the note. Before he left Montreal 
 for Detroit, he, at the request of his friend, converted the note ol 
 hand into a notarial act, operating as a mortgage on his mountain 
 villa. By a neglect inexcusable among the closest friends, the 
 note was left in the honor of the holder, to cancel on receipt of the 
 second security. Within six months of the date of either note or 
 bond, a payment of .£170 was made to the holder, (m account of 
 the bond : that receipt was acknowledged on the back of tlie note 
 of hand, presented to the Agent vho paid the money, witliout 
 suspicion that the receive;- held back a second and more important 
 assurance of the debt. So soon as that fact was made known to 
 the debtor, the Agent was forbidden to make further payment, 
 until the note of hand was cancelled, and the first receipt duly 
 indoi-sed on the bond. It was not done, and the balance accumu- 
 lated by intcif si Jul' yearn, 
 
 / 
 
 Ai 
 
10 
 
 111 1794 llic hokler ol" llic bond, thus in part pnid, but not 
 acUnowK'dircd on the instrument, became Chief Justice ol the 
 Conn ol Montreal, in the jnrisdidion ol which the ,n(,rtrrn-ed Innd 
 w;,s; wn,l he n:i-ht ni.;>reheiul <iil,i..illy, .auler the ^renriiLaw, 
 (o v'^u' /ish his rh.iii. to it l.y n Jii.lun.ent in which lie might he n 
 inrtv Dates will show that (he dehU)!' on that bond \va. an 
 l.bse'ntec- li-oni .\lontreal, .he Disliict and Province, and had bee.. 
 
 so since 1779. . , . , • 
 
 •ri„. llcH...v<- d.K- no, v>'-l^'"l io judge... ihe m.iui ol .is 
 creditor u. l„: ron.se ,,M,sncd, which he ...ns, hay. k..own to be 
 ..ain.l L,.v„ a.d haud.iient in elibcl,il .K.l by design. Iheh.sl 
 iuti.naiionof.heho.ui bring in sui. was notice o. the Jndir.uent 
 ;'!;..H.,iou, a..d s.leol-tl.ela..d hytlK.S;.-nh toiheJuda..,ent 
 
 cix-ditor, loroi.e-lhiidol the p.ice ,)aid lor H, and less than one- 
 Mh oi'lhe money expended upon it by the debloi. 
 
 li is not the design, al thi. disla.it peilod, to .all .n q.iest.on 
 motives which rroverned lo.'tv yeais ago; h.it the Law is stai.on- 
 "^ ancl all coi^cei-ned .a this on.rage of i. well know tha, they 
 vninisiored to an iiir«)cious f.-aud. 
 
 ThJl^,w .-equired that all pfocc. should be pei-sonally se.Tcd 
 on the defendant, and so returned to have bee., done, by ihe 
 
 ^^ Th;,)laintiira..d all the n.h.iste.-sof theCou.-t k...w the legal 
 proce ! bri..gadele..dant into Court ; a.ul all k..ew that t e 
 S^^ was m>< an inhabitant ol Montreal, but stat.onary eigh 
 
 ; mke^^^ from it, and so had been n.o.e than lour yea s It 
 
 ^1 supposed that the .-etur.. of service had escaped all these 
 ^nc 11 iel but the Judg.nent contains a cor.-ect.on ol such an 
 1 Jvv-,rds thai iheseivicenor. having been personal, as 
 :;"[;; re;reto"ti.odele..dant. no Execution should issue oa 
 
 h t J. d^e" t . ntil .responsibility shall be lodged .n that Court. 
 
 ^ .':':. elendam a..y damage lor that irregular serv.ce 
 
 ;ress otherwise than on his person or place ol abode;-a.jd, 
 
 ot P'"f •'*". '^^"\. ^,„^„j„„ ^lia not issue until ihe bond ol a wealthy 
 
 ^■■:::::::il.!:^^-o^ whiC. .in.ited .. responsib.lity to 
 
 ""'Thr'amount of the Tndgn.env being less than was .-e- 
 
 • ^ in mne-d to the King in C.nncil, and the term lor appeal 
 
 ;!::h^P ov C.:;;^ having expired belo.-e.bed^ 
 
 r n ,..t .u nowledcre ol .he transaction, no hope remamed to 
 
 f"" e p^ Lr^^ ''i'" fVanduk^ntly n,r more 
 
 ;;.y, .e'^r whL, after the breach of fr.endship between the 
 
 I>::e a.^ e Attor ey Gene.al he had broughtso prematurely 
 
m 
 
 forward, that frcntleman proceeded t«) England ; and it is not said 
 how he acquired so une.xpecled a commission, but on his return to 
 York lie rrnvc notice to the Refngee that he was autfiorised to 
 recover lioni the Chief Justice the hnlance of liie Jiidirmeiit ob- 
 tained ar^ninst liini in Monlreal, l)ut proposed a suhmisf^ion of the 
 demand to the award of arl)iirators. This was readily acceded to 
 by the Rellifice, in liopc at last to recover the property of which 
 he had been plundered. 
 
 Bonds to tiint eflict were executed, arbitrators named, and 
 were, as the Rehitree thouirlit, jM-epared to jrive judfcment, wiien 
 a lay aijent for the parly who had siirned the Bonds of Arbitration, 
 declared that he did not understiiiid their purport, altlioufrh draw" 
 by the Attorney GvMieral, liis Ci.uiisel. No opposition was n)ade 
 to this declaration, and the Aiton.ey Gene'-al --estored the bonds to 
 their makers, and not to the obligees, whose property they legally 
 
 were. 
 
 However a smse of his hiirh ^<;>tion in the Court, and a sense 
 of former ohiiffaiion to the Relugee, might operate upon the deli- 
 cacy of the Attornev Grneral to decline the ostensible conduct of 
 nn action against lllc Chief Justice, such an action was mime- 
 diately undertaken I y the S.)!ici!or General, anu a declaration ot 
 several counts \v,:s brought into his own Court. 
 
 1st— On the Judgment recovered in Montreal thirty years 
 
 before. , , , , , 
 
 21— On the identical bond on which that Judgmen. had been 
 
 pronounced. • i i u 
 
 3a— On the notes of hand on which the part receipt had been 
 
 given ihirtv vears before. 
 
 4th— On'the account of sundries li)r which that note had been 
 
 given. 
 
 The proper leo-al pleas were proposed and overruled, as was .i 
 call upon the Jury to declare on which of the counts they ^ave 
 
 their verdict. . . 
 
 A rule was however acceded to, for argument of the pomf; of 
 Law taken in objection to the verdict ; ami these pom-', sx ui 
 number, were argued adversely to the defendant by Mr Anorucy 
 General, and decided against the Chief Justice by the Pui.ue 
 
 "^"'A?appeal was entered and large security given by the appel- 
 lant «> i to en-a-o from intermediate use a large amount of land- 
 ed property. The utmost assiuuiiy of Coun.sel could not procure 
 
41 
 
 ajiid2;mcnl fur or ai,':iin.st, fiom \'S2\ \o ISM, wljjch bci ,g con- 
 firmnfory, niul ofaniownt to cnrry hclorc the Kiiirr in Council, is 
 now iliero. Tiic .•ippelliiiil, being rallicr a sonsiiive man, certainly 
 rorpivci! some aiinoyaiice in the nio-'rcs.s ol' this suit— c!;ar"in<T a 
 pi.rsoii of his st.iiioii, and i.iihertofharaet'M- in li.'e, willi decliniiiir 
 payment, for tliirly ye;irs, ol\'i jusi Jchi, v.-lii(!i it was universally 
 known lie had assets to dischai'Te. 
 
 A:i iniportani question on tlic Aj>peal wa.s likely to he agitated 
 in the Court o{ Appeal ; and althoii^h it was not sujjposed hy the 
 appellant to r;!!''ct their judgiuent, he culertained jj^realexpectalion 
 ofiis h 'iiiLT deciiled before tlie Kinir in Council :— it was as (o tiie 
 leiral existence of a (iueJK'c ordinance rel;ilini.r to the Court ot 
 App'^nl, whieh was siij)pf)sed to havr been continued by the Up- 
 p!M- Cana !a Cl^-.r'c.-, to :.:,v,^ (mii-,> ,<)'L'.\v in U^i.-'r Caurida, until 
 fina.liv rep'ah'd hy t'.: i L .iisLiiure. Oo liuit coiisiniclion of the 
 woi'd-^ and sense of iIioC;;arter. t:..' appeilaiit had hrouirht a bill 
 inio lb- IJ.j'ise lo.lM'i.ire, tlac b ivii un,- i)!\nlcd, thai ordinance 
 was siiij Lnv to yovern liie Court oi'Appeal. The bill was thrown 
 out witliout aroiitti-iii, and the nexl day a hill was introih.iced by 
 theChi-fJnstiee to repeal all the ordinances of Qiielrc, and de- 
 clare lliem to have, one and all, no force ol'Law in ihis Province, 
 admit ilui? hy that expression their actual existence as Law until 
 repealed. 
 
 This repeal served liie purpose of ])rotectinnj the Court of 
 Appeal in the rejection of an onier expresdy continued by Act of 
 the British Parliament to govern tiial Court. The wi;o!e proceed- 
 inir has been some time bciihre tiieKing in Council ; but it is diffi- 
 cult torepresent ihecflecls of conduct so atuicious in ourColonies, 
 nor can the hon(n'aI)!e minds of (rcntiemen, on tiie fullest explana- 
 tion, comiirehend the (Icplii of b;.ft-i..iio<s to whi.di the bad feelinira 
 of some persons will iiidiiee i'lcin. 
 
 The same Tei m of the Court oi"Kiii/fs Bench, at York, Upper 
 Canaiia, where the ancient Refugee silll presided, presented the 
 secoiid rare instance of an action against the piesiding Judfi-e, the 
 Ci'iief Justice, tlie acknov.-Jedged Mini.sier of the Province. 
 
 This action v>-as r<);;r-,Jed on a charge of the basest calumny — 
 <hat ofdeclining to perform an act of duty,— without just cause. 
 and frou! peisoual malice. 
 
 It nns tiie refusal liom sucii uioiives to obey a mandamv s ol 
 the Court (if King's Bencli i( su'ear into oilici- the plaintilF ap- 
 Jjointed to it by lawful Couiuiission. The Court sustained the ac- 
 tion withoui revjuiring the siighlcst cvich/n-e of ihe imjxirtant fact, 
 ihe gii.i of iiio aciion ; and eomrunn led the Jm-y lo presume the 
 
4« 
 
 demarivl nnil refusal, in cDiitnuliction to ihc lullest evidence <>1 the 
 contrary It wn^ oiii' ol t!i!i few cases wliere the Law requiresdi- 
 reci ,i!hl pa^i'iv'- I'vt'li iu\' wi lUf liu-t, iiiul admits no |)rcsiiinpii()n. 
 T.io Jury was direcl.'d liy t!ie Court to suppose tlie liicis wliich 
 would liave entitled to a vonlic;!, and toji-ive a verdict lor daniages 
 calculated by the Judge. 
 
 T.ie sum of t!ie T.ulifment not nniountinnr lo ,£500, would not 
 enal)le the delendant to seek redress iiy jippetd to tlie Kin<^ in 
 Council, anil he had too recent experience oi'the lidly of seeking 
 justice in the then state ofthe Provincial Court of Api>eal. 
 
 It therel!)re hanji-i over ium and his posterity as a charire on 
 his rial nroni<rtv, which can oidv be removed bv discha ri^e ol the 
 JudiTiiicnt. Tiiai, the i!iiha])py piaintitf iins otlered to do, if the 
 costs were prrji to his AlltMiiey, now one oi tlio Jud<;-es ; but 
 which oiler was rej.HMed as a t;u;it admission of the justice which it 
 woiil.l be dishonor to acknov.-lLdu,,.'. 
 
 Tiie Roi'uf^ee has inseri<'d in this taloof his liH; and adventures 
 the disirriicelul events of these Jud;i;rncnts, — not to excite an ad- 
 verse ffeliniT towards those \vhoni he believes to have influenced 
 them, but to justify himself on either occasion lor havin:^ persever- 
 ed in the duly he -'cordini^ lo his station owed to society, and 
 only on that account, proposes to enlarnje ther.-on in another place. 
 In the midst of these prosecutions, the Refuo-ec bad attained the 
 age of seventy, ami, in conformity to his constant declaration, 
 desired retirement Iromoiiice, but as durinjp forty years he had 
 not acquired means to live williout labo'.ir, he respectfully peti- 
 tioned permission to retire upon a |vjnsion. 
 
 His pretension on the part of lonn; service was referred for ad- 
 vice to the Executive Council, of which INi-'Ssrs. Baby and Stra- 
 chan reported to the Governor that the conduct of the Ciiief Jus- 
 tice, for the last four or five years, api)eared to them not to entitle 
 him to tliat <rrac.\ His M ije^ty tlniuglit otherwise, and, on re- 
 ceipt of the p'^tition of th-' llefucjee, in^Jtantly <rranted th.c prayer 
 of it, and a pension of one thousand jjounds sterlinir ibr lite, in 
 consideration of his lonii: and u.^eful services. 
 
 The Refu<?ee was crratehil for this Royal induiircncc, and souo;ht 
 refuire ior histoid a^-e in Britain. But his ardent mind could not 
 admit o! ciijovmenl whilst the stiL'nia upon his past hfe and con- 
 duct remain;! n-c-'-'i-Hl in i.e Kx'Ji.iiiivc Council of Upper Cana- 
 da. Tnerefore, as soon as ihe offended Governor was pn.nioted, 
 hesouo;!it permission to vindicate bis character from the oppro- 
 brium of that cruel report; wlficli liowever, from the exercise of 
 His Majesty's justic;% could have noefiectupou himseil'; but ex- 
 
44 
 
 posed his (IcscfmlniKs to pa'iiifu! rt-prnach bycontinuirijTon record. 
 He tlieretort' .soui^tii pefiiiissidii, wliuii llie renutviil ol'tlie unlrit'iid- 
 ly ruler tciok jilact-, to inquire into the truth :mil justice ul' lliat 
 report, thutil loiind idtoifether liilsL- :iiid caluiDtiious, it uiiifht be 
 removed from the hiotoric piiije ol ihe hiiid ol'liis children. It wus 
 not judt;ed expedient to assume inquiry, niter such Icnifth of lime 
 had el;q)S(>d ; and the Kcluii;ce .souoiii to c()nipn.se him^^eir in his 
 retreat; but the interests ol the C(dony and ot his lllltnv refugees 
 blill occupied his niinil, and a meii.sure beinii; tlircatened thai lie 
 ihouirhl unjusl and conducive to evil, he addressed to th»* Secic- 
 tarv of Slaie the lollowin^ letter : — 
 
 "■ SiK — I feel that my actualsiiuaiion may not justify the liberty, 
 but the deep interest. I liave in the subject imjiels me to liiis iniru- 
 iiiun. 
 
 "The public journals amiounce meetings in Canada ot the 
 Presbyterians atlaciied to tiic Church ot Scotland, in order to pre- 
 fer to the three estates in Parliajnent, claims to which they are said 
 ^'1 entertain, Hi exclusion of all olher dissenters Ironi the Churcti 
 of Eiirrland. 
 
 "There is no doubt. that this measure is connected vvitii tlie 
 proposition ot Mr. W. Horton, to sell the lands reserved li»r the 
 suppt)rt ot a Protestant Clergy in Canada, and to admit the Scotch 
 Presbyterians to a partition in tlie proceeds, with the Church ot 
 England. 
 
 "Such a measure cannot tail to produce alarming consequences 
 in Upper Canada. 
 
 "The coml)ined numbers of the Churches of England and 
 Scotland do not exceed one-tenth of the population of that Pro- 
 vince. 
 
 "At. present, that vast majority of Dissenters submit respect- 
 fully to the appropriation of the Clergy Reserves tor tlie sole use of 
 the Clergy ol the Church ot Englai.d, because they know that by 
 an Article of the Union with Scotland, that Churcii is to be esta- 
 blished in all the Colonies of Great ijrilain ; and thai by the Con- 
 stitutional Charterof Upper Canada those Reserves are exjjressly 
 and exclusively devoted to the endowment of the National Churcii 
 in lieu ot its leiral right to Tithes. With this Unoivledge, they 
 are content silently to submit to the distinction in lavor of the 
 National Church, and to support their own teachers; but as soon 
 as that line of demarcation is passed, and the national funds are 
 applied to the maintennnce ot the tolerated Church ot Scotland, 
 
 l> jn/<fl 
 
-^.^i^^. 
 
 45 
 
 they.vill affect to «ee no f'dvorable cnv. v v I di. tinciion lietvveen 
 Ihaf sect of Piesbyteriaiis iind any other st.cl ot Christians equally 
 tolcratrd. 
 
 "Nine-tenths of the people would thus hiu.omc ili.ssatisfii'd and 
 miirmiirini:, none of whom would decrii it .1 privalion lo he ex- 
 cluded iVom the henefl! ol'the Ui'serves, soloiiuas ihey are enj.iy- 
 cd exclusively hy the ('iiurcJi ()fEn<i;liinil, (!)r whidi they were set 
 nparf. ; hut all would deem it a grievance to be posijjoned by any 
 other sect of Christians. 
 
 " The leelin:r would <?row and spread until it became n source 
 of anrrry jealousy, and by degrees a chari^'e and reproach to the 
 Government, Ironi the Methodists, the iiaiitist:^, ami the Inde- 
 pendants, and a loni^ list of tolerated sectaries. 
 
 " Forty years' resicJence anioii(r this people have tan<»ht me to 
 apprehend more daiiii-er li'oni this source oi discord than any otJjer, 
 and to deprecate ,iny tendency to religious altercation. 
 
 " So impressed, and misled by an omission in the ])rinted Sta- 
 tute (31 Geo. Ilf- c. 31.) of that provision, established the reserved 
 land • in lieu ol'Titlies, I A'as induced, when I had some influence 
 in the Province, 10 move, and principally to elli-ct, a lefrislative 
 enactment, to supply that snppo>.ed omissiou, and tlierebv, if Mr. 
 Wilmot Horton's bill passes into a law, bhall have become a pro- 
 minent instrument of an act of injustice to the National Church 
 and possibly the remote causeot future reli^fious discord in the land 
 of my children. 
 
 " To obviate, as mncli as in me lies, such p result, I have thus 
 imparted to yoiv Sir, as liead of the department tiom whence it is 
 supposed to proceed, my idea ol possible inconvenience from tfiia 
 measure, in hope that you. Sir, may e-.-untenance a short pause 
 (or inquiry into all its bearinc^s; and when, after his return to 
 Upper Canada, at the a«reof sevc ty-seven, finding the supposed 
 unjust application of the Clernjy Reserves cncouraired, ard partly 
 sanctioned, he stood alone in prayin^.' a rejjeal ot ihc Lavv he had 
 formerly introtluced— lo declare Tithes not payable, receivable, or 
 demandable in the Province of Upper Cc;na<la. He stood alone; 
 no one would second him ; — but if this notice survives him, he will 
 be admitted to have foretold truly the misery entailed by fraud. 
 
 •' The Refui^ee has given pir.ce in this narrative of bis pro- 
 gress up and down the hill of life, to divers reminiscences which 
 may be thought not to belong to the si ject; but as his object 
 was to redeem his memory from tfie odium attempted to be im- 
 posed on it by the several published calumnies affixed lo it. he 
 

 
 4» 
 
 the In lian WTiSliirc, niui ..."-*' i „„„,, w nnt ilie curb 
 
 Al.nr ; nu-l the al.v.se of Ju.Uce. u.ul.r v.>e nan.o. .1 nnt the 
 
 of Law. 
 
 m 
 
 THIS rwD. 
 
 Printed at the Patriot-oflicc. 
 
tii 
 
 APPEND J X. 
 
 n 
 
 ■ RK, 13th July, 1823. 
 Mav it vlrase voun Excellency, 
 
 The pcciilinrir:- of my situation will, 1 hoj p, justify the presump- 
 tion of passitip^ by your private Secretary, to address iiiyself di- 
 rectly to your Excellency. 
 
 Bein^ called upon by Mr. llillier with the last Dispatch from 
 Eirl Baliiurst. on the subject of c' ms for loss by the war, he road 
 to me a list of names intended by your Excellency to be inserted 
 in the CoiiinnRsion of Enquiry referred to in tlMr; Dispatch, and 
 paid that it was your Excellency's pleasure that I should be con- 
 suited if there was any objectn),'. to the pcr.-on:; named. 
 
 I thougiit that tliere could bn none, and said so ; but observed 
 that the Allivney-General would probably wish to be excused 
 from such a uuty. 
 
 Some time alter, I saw m the Gazette Appointments of the 
 Commissioners named, that in place of the Attorney-General's, 
 that of Mr. Alexander \\'ood was inserted. 
 
 I was surprised, and enquired of Major Hillier il i\Tr. Wood's 
 name wa'^i in the list which he read tome. Mr. Hilli-r instantly 
 replied that it was not ; but that as your Excellency a; proved the 
 remark in respect to the Attorney-General, his name was left out, 
 and that he was directed to find another person, and i hat he had 
 consulted Dr. Strachan, who mentioned Mr. Wood, t.) whom he 
 cc.isidered that there could be no objection, and Iherelbre had not 
 referred to me, which 1 denred the Major to bear in rero'-'mbrance. 
 
 The Major then said, that he hoped that there was no objection ; 
 to which I answered, there ^v1s sneh a one as did not admit of my 
 silence if called upon by his Excellency to approve. 
 
 There was then no specific cause si own; but Major Hillier ob- 
 served, that your Excellency doubtless expected that I was con- 
 sulted, and that he would explain the reason why I was not. 
 
itf^MSsSlSki^' 
 
 •ssilKjfi^SiiHsir. 
 
 i;y 
 
 / 
 
 ""t^ 
 
 Some (lays alu-iwaids, iMajor iiillier told iiu; llmt he !.ardlr 
 /knew what to say, wilhuul soiuelliintj specific to act ujion. 
 '^ i put into his hand the CoiTespondence (Noi li I I. ) acc Q ra ^^iwy- '' 
 l ug thi» t A / y^ 
 
 The next \isit of Major Hilliev to mo was to say, that the ex- 
 pression of my feeling to Mr. W'jod in that Correspondence was 
 very strong, but still there was nothing tangible. I then put into 
 his hand tiie detail referred to in the Correspondence, which 1 for- 
 bear to transcribe, not to offend your Excellency's moral sense.— 
 Upon the perusal of thit paper, the Secretary was pleased to say. 
 that your Excellency could not permit Mr. Wood to sit on the 
 Commission with those Gentlemen ; but that it would be painlul 
 to him to discuss the matter with your Excellency ; that he would 
 adopt means to induce Mr. Wood to decline ; and expressed a 
 hope that he was at liberty to use the Communication whicii I had 
 made to him. 
 
 I certainly thought that the Correspondence between Mr. Wood 
 and myself, although so long past, might have sufficed to account 
 fif)r my declining to approve his nomination when consulted by 
 your Excellency ; but when that was questionable, would not 
 withhold the last document. 
 
 It is here proper to remark to your Excellency, that, notwith- 
 standing my strong expression lo Mr. Wood in answer to his note 
 of the 6lh July 1810, i had met Mr. Wood, since his return, in all 
 places and societies as before th linowledge came to me ; and no 
 public prosecution having foUoN d, treated him as before, except 
 that his personal visits at my house and table, which had been very 
 frequent for eight years before, were entirely dispensed with for 
 twelve years since. 
 
 Thus things remained when accident recalled notice. 
 
 At the Gaol Delivery durinji; the last Session of tiie Legislature. 
 Mr. Justice Campbell had kindly offered to relieve me from that 
 duty, as I was engaged in the Legislative Council. 
 
 The usual associate Judges not being able to attend, Mr. Baby 
 being absent at Quebec, and Mr. Allan in domestic affliction, I 
 requested Mr. Campbell to name his associate, and the name of 
 Mr. Wood was by liim transmitted to me to insert in the Conimis- 
 8i«n. I felt it to be beyond all power of complaisance or friend- 
 ship, and declined it, with a verbal message by the Clerk of As- 
 size, that I would offer my reas<m for so doing, at our first meeting. 
 
 We met at the Court-house', and Mr. Justice Boullon, who 
 was conversant with the whole matter, was present when we ex- 
 plained to our Brother Judge the conversation for not putting Mr. 
 Wood's name in the Commission. 
 
 Whether my conduct, in all this, was right or wrong, 1 put it to 
 your Excellency to say, what would have been your opinion hud I, 
 being consulted by you, allowed to pass unnoticed thai which, with 
 respect to Mr. Wood, had induced me to decline insertmg his 
 name as an associate in n Commission of Gaol Delivery. 
 
 •; 
 
 I 
 
3 
 
 I ask no other JuOj^o than your ''"xcellfnc} 's discriminntion on 
 8iich an e/ent. 
 
 Before Major Hilliei had informed me ol your Excellency's 
 decision, the Commiysiontrs \VLii!ed upon me, without notice, lobe 
 sworn in. 
 
 I ivas surprised to see Mr. Wood with them, and hesitated how 
 to act ; but tindini?, upon enquiry of Colonel VVells, that he had 
 seen Major Hillier that morning, I assented to mention (o Mr. 
 Wood himself the objection ; and going with him into my closet, 
 expressed to him a hope that he would withdraw for the present, 
 on any excuse, as I had found myself obliged to refer to former 
 matters on the occasion of this appointment. 
 
 Mr. Wood was indignant, and vehemently refused to withdraw, 
 with so much personal acrimony, that I was obliged to return with 
 him to the Commissioners, where, much agitated, I requested their 
 patient indulgence whilst I dispatched a note for Major Hillier, 
 
 As I went to the door to the servant, with the note requesting 
 Major Hillier's immediate attendance, Mr. Wood asked mo if the 
 note was to Major Hillier, and said that he would go vvith the ser- 
 vant, and left my house. 
 
 On ray return to the Commissioners, I administered the oath, 
 and reserved the blank certificate for iy'r. Wood when he should 
 return to be sworn. 
 
 The Commissioners left my house, without the least knowledge 
 from me of the cause of my agitation or proceeding. 
 
 Mr. Wood returned with Major Hillier, and much warm re 
 proach ensued, without any request to be sworn, and certainly with- 
 out any refusal on my part ; but, on the contrary, he declared that 
 he would not act. 
 
 Major Hillier since told me that Dr. Strachan had advised an ap- 
 peal to the laws for redress ; but I heard no more of it until Saturday 
 last, when Mr. Macaulay told me that a Writ of Mandamus would 
 be moved for on Monday, and that other proceedings w«re resolved 
 upon in consultation, which he was not at liberty to specify. 
 
 I then declared to Mr. Macaulay, that when it came, it would be 
 obeyed ; but that 1 had tiever lefused to swear in Mr. Wood. 
 
 On the Monday morning before the meeting of the Court, Mr. 
 Macaulay and Mr. Wood were announced inmy drawing-room, 
 where my son, who attended as my physician,'^cn\^Dpr 'sent. 
 
 I asked their commands, and it was intimated by Mr. Macaulay 
 that it was not his request, but Mr. Wood's, that we should be left. 
 
 I desired Mr. Powell to withdraw ; observing that such a visit 
 waS) I believed, unusual for an attorney and his client to a defend- 
 ant, but certainly more so from the retaining a witness on one side, 
 and declining a fourth person on the other ; but that 1 was a public 
 man, and it appeared exempt from ordinary decorum, and again 
 asked their commands. 
 
 They requested to know my H w t quomont for refusing to swear in 
 Mr. Wood ; nnd upon my explicitly declaring that f hiul not so 
 
 '2t>^iA' 
 
 /<r>v/ 
 
TA^ £^"7 
 
 :/ 
 
 
 
 
 / 
 
 jy^. 
 
 I 
 / 
 
 refused. 1 was requi'stcd to state my inducement (br ,n hat I had said 
 to Mr. Ilillier ; and especially reciuesled to seu the papers winch 
 they understood I had shown to :\:ajor Hillier. . ., ,. 
 
 The answer was, to place the papers .n the hands of Mr. Macau- 
 lav to reud aloud ; observing, c-.t the time, that it was not usual to 
 open to a prosecutor the means of defence ; but that I considered 
 myself in the hands of men ef honor, and had no concealments 
 'I'lie Correspondencejvilh Mr. Wood ot|)ln and 7th July, 1810. 
 
 wRS-theiTWH^iTTNTr. Wood admittell tilt he had i;cce.ved my 
 
 letter They then requested the other pi^er, which Mr. Macau- 
 lav read until he canie near some names ;,pn which I put my hand, 
 8ayi.-- that I could not allow him to j>o further, unless he would 
 declare that the names of any persons should not be repeated, or in 
 
 any wise n)ade use of. , , , , • i i\.t„ 
 
 Mr Macaulay then declared that he had accompanied I\lr. 
 
 AVood professionally, to report all that should pass, and could not 
 
 undertake to conceal any thi.ig. , , , ., 
 
 I took Mie paper fron» him, and declared that I was sorry, on 
 
 Mr Wood's account, that this business had taken such a course ; 
 
 but that for myself, I was equally ready to repose my defence nn 
 •^ the public at large, a jury of twelve Dutchm en, or any twenty 
 
 * Gentlemen of York. ,. , .. r. ', 
 
 The same day, in th«^ robing-room, I found Mr. Justice Lou it on, 
 the Attorney and Solicit.,r-(Jeneral, and mentioned to them the 
 expected motiunfor a Mandamus, and expres^^ed to las JMajcs.ys 
 Attornoy-Oneral a hope l!ial 1 mi-ht have his aid «o rr.ake my 
 Return; but I understood from him that, on his arrival at i>ew 
 York, Mr. Vv'ood's case had been stated to him, in ho{.e to retain 
 him, which he had declined, but could not be against him. 
 
 The motion was made for a Mandamus, on tlie usu J aitulav.t o 
 a ri"-ht, and the refusal to administer the on::. ; and it was served 
 upon me on 1\iesday ; and the same day a declaration m damages 
 to the amount of twenty thousand pounds, for the supposed injus- 
 tice of such refusal, without probable cause, but from malice and 
 wickedness of hent. . .^ 
 
 Your l':xcelloncy may perceive, from the accompanying certiti- 
 cates of tlio three Commissioners and Major Hillier, that there is 
 no foundation in fact for the affidavit on which this Mandamus 
 issued; fori never saw Mr. Wood on that day but in presence ot 
 those persons, except wliilst we were by ourselves m my study, 
 where I urged him to decline for the pre ent to be sworn in ; but on 
 his persisting, I accompanied, him into the presence of the other 
 Commissioners, determined to require the presence ol votir Ijixcel- 
 lency's Secretary at the administration of the oath ol Mr. ^* ood. 
 
 However misguided this gentleman is in this affidavit, 1 have 
 fears that it may lead to ulterior measures, which may compel a 
 disclosure to the public which 1 have ever deprecated from motives, 
 1 persuaded myself, of the purest philanthropy ; but others may 
 not think so, and the array against me is formidable in talents and 
 iniUiente.^ _ #x Jf 
 
 
 
 ^.^> 
 
 
 4r'j 
 
 l^fti>^^ 
 
5 
 
 Whntever may Imve conduced to niy jirese.-it stale ol'Luniilia - 
 tion,of vvhitli 1 h;ne drained the cup to ihe very dregs, I (rust that 
 your Excellency will i)crceiv.', in the abc-ve ivlation, that rnv i.n: ■ 
 sent crisis utises from a confidence iti your Excellency's l-rivatt) 
 Secretary, on anoccasion which I wasjustitied to suppose required 
 thai confidence as a duly of respect to vour Excellency, as the 
 Represtntativeof !iis Jvlajesty. 
 
 I have the honor to be, 
 
 Most respcctluily, 
 
 Your Ex'tcilency's Servant, 
 
 WILSJAM bl MMEIl POWELL. 
 
 The following is Slajor Hillicr's explanation, receivcil llirough 
 His Excellency Sir Ptroi^rine JSlaitland : — 
 
 Yoiix, July 2Slh, 1823. 
 May it pleasi: \'ouk Excellskcy, 
 
 Your Excellency having desired nie lo afford an explanation of 
 certain circumstances detailed in a letter lately addressed to you 
 by the Chief Justice, 1 lake the liberty to submit the following 
 statemjnl : — 
 
 9ih May, 1823.— In a note dated the 9th May, your Excellency 
 desired that I would confer with the Chief Justice and with Dr. 
 Strachan,on the subject of the apj)ointnient of Commissioners for 
 the investi;^alion of the Claims, &.C., which a late Despatch from 
 my Lord Bafl.urst rendered ininiediately necessary. 
 
 lOth May. — I carried that Despatch to Mr. Powell for perusal, 
 and showed him the names of five gentlemen who had occurred lo 
 your Excellency as eligible for ihe office of Commissioner : — 
 these were Colonels Wells and Foster, the Attorney-General, 
 Messrs. Kobinson and Allan. In the eligibility of all these, Mr. 
 Powell fully concurred ; but expressed his opinion that the Attor- 
 ney-General would probably much rather decline the ap])ointraent ; 
 in which opinion I entirely agreed. I went from the Chief Justice 
 lo Dr. Slrachan, whom 1 found to agree entirely with Mr. Powell's 
 sentiments, and '^specially so with regard lo the Attorney-Gene- 
 ral. We had much conversation on the subject, and at length it 
 appeared suddenly to occur lo Dr. Slrachan, that Mr. Alexander 
 ^\ ood would be a very fit person for the Commission ; but at lh(i 
 5ame time be expressed a doubt whether Mr. W.'s stay in the Pro- 
 vince would be of jeufiicient duration to admit of his taking on him 
 
 I 
 
/ 
 
 fuch rn oflio.'. I ngreod will. Dr. Stiachnn that I.o sl>ould asccr- 
 a . Iron M.. Wcunl tl>. prob.ble length <,f his . stay inUuscoun- 
 
 ; Soatcon-municali^ to him ^''^''"'^'^'^^'7 ofh M.vT 
 nuirv • and Dr. S. inConned me, when 1 next saw hmi (12lh M.xy), 
 U.at Mr Wood was likely lo he detained in Canada a year or more 
 As Ihat -enlleman, from all I know of him, appeared to .ue to be 
 fnc oM^in all respects qualified for the situation m quesUon by 
 'a ents as veil as by character, I co.dVss it ..ever occurred to me to 
 be necessary hat 1 should return to the Chiei Justice to consult 
 m on he point ; but. without hesitation, I decided on supesUnff 
 mT. Wood to your Excellency as a fit person to be subst^. tuted for 
 the Auorney-General in the proposed (.omm.s3.on_ Di. Stra- 
 hmV's last communication to me, ;. r. of the probable length • 
 Mr. Wood's stay in the couulry, was n.a.le on Monday the 121 h 
 M■.^y ; on ^vhich day I embarked to jom your LNccllency at Stam- 
 mf and proceeded with you to Kingston, w.thon relurnmg to 
 York During our absence, I laid this suggestion before you and 
 vou Ex'elencvwas pleased lo approve of Mr. VVood's being 
 substituted forth.-. Altorney-tieneral, and direct that the necessary 
 steos should be taken as soon as possible. 
 
 24th May .--On the morning of Saturday the 24th May. your 
 Excellency landed at York from Kingston. 1 he C^>™ni.ss,on for 
 the Claims, which had been prepared m blank, was brought to you 
 by Mr. Cameron, signed by you at the Government House and 
 the names given to Mr. Cameron to insertin it. On 1 hursday the 
 2mh the Appointments appeared in the Gazette. 
 
 31st May .-On Saturday morning the 31st. your Excellency 
 ardvedatYoik, to preside at the meeting of the Bible hoc.ety, 
 vh ch was held at 2 o'clock, r. m. that day ; and it was whilst he 
 rbscribers were assembling in front of the School-house, that the 
 Chief Jus ice took occasion to ask of me whether the name of Mr 
 Alexander Wood, whom he had seen in the Gazette as appointed 
 to the Board of Claims, had been in the original list ol persons pro- 
 nosed for that situation, which I had formerly shown to h.m. I 
 mmed ately replied that it certainly had not ;-that Dr S rachan 
 Xm I hid likewise been desired to consult and who had agreed 
 n hUsentiments about the Attorney-General's probable desire to 
 be excused from the office, had suggested in his room Mr. Alex- 
 ander Wood ;-that as Mr. Wood was a person of whose fitness 
 t^^ al respects I could entertain no doubts, it had not occurred to nic 
 be necessary to return and consult him about it, but had submit- 
 ted the name to your Excellency, and had received your orders 
 thereon The Chief Justice begged that I woud bear in mind 
 these circumstances, which I of course said that I would do, and 
 that I would explain to your Excellency : and here the conversa- 
 ion broke off. ^ It however naturally struck me that the anxiety 
 manifested by Mr. Powell that he should be understood as not 
 havinTbeon instrumental in Mr. Wood's appointment, could pro- 
 ceed from no other cause than a knowledge of some unfitness on 
 
 I 
 
 t< ]• 
 

 iKe part ol tliit person lo discliiii-v its diilicM ; and ! irk rearful 
 that I might tiave acled imiuudeiitlv in tiol recuiritt},'- In hint on II »• 
 point when Air. Wood was tirst lh6u^Ui of. I theie/ore tof.k Ihf 
 hrst opportunity xvhen 1 saw Mr. Powell not engapd in conversa- 
 tion, to draw hiiii aside, and to express my hope that there wore no 
 objections of momentjto Mr. Wood. He replied (hat there were 
 such as had he been consulted on his appointment would not have 
 permitted him ^. approve it ; and on my pressinj,^ him to know 
 
 5vi '^v'*^"'i*^' ^^ ' '^ '"*** "^y '^'''"^ ^"" papers— the one a letter trom 
 Mr. VVood to himself, of a very remote date, purporting fo decline 
 an invitation he had received (rom Mr. Powell, and requestint,' ad- 
 vice on the subject of some dileinma in which he (Mr Wood) 
 found himself involved, the nature of which, however, was not de- 
 fined, and which he feared would expose him to auich derision 
 the other paper was the copy of the Chief Justice's reply ; it refer- 
 red to prools of friendship formerly piven, expressing great distress 
 at the situation in which Mr. Wood had placed himself, warning 
 him that worse than derision must attach to it, and not encouraging 
 him to brave investigation. The nature oi' the business was not ex- 
 pressed, though something very bad was pointed at. The letter 
 began—" Dear Sir," and was subscribed " Your fliifhful 
 friend. ' I returned the papers fo tke Chief Justice with a remark 
 th.it there was evidently something very wrong, although there was 
 nothing dehned j and we were i nterrupled by a summons that the 
 business of the meeting was about to commence, 
 
 I have already explained lo the Chief Justice, on his reading me 
 a part of the rtaiement now before your Excellency, that (here 
 could not have been a longer interval between th« two convei^a- 
 tions above detaled than a lew minutes. The Chief Justice 
 nevertheless, I observe, states there was one of " some days."— 
 Ihe dates will show that only one day intervened between the an- 
 pearance of the Gazette, fr m which Mr. Powell first learned Mr 
 Wood's appointment, and the meeting of the Bible Society ; and 
 I feel very conhdent that I had no conversation with the Chief Jus- 
 tice, either on Thursday the 29lh, afler the appe mce of the Ga- 
 zette, or on Friday the 30th, the only intermed dav, or on Sa- 
 turday the 31st, until I reached the neighbourhood of'the School- 
 house, a little before 2 o'clock, p. m., when he first addressed to 
 me his enquiry on the subject of Mr, Wood's appointment. 
 
 At the closing of the meeting of the Bible Society, I fold the 
 Chief Justice that I was th-n obliged to attend your Excellency to 
 an inspection of the troops ; but that I should be anxious to renew 
 the conversation. I took occasion to call on him the next day. 
 (Sunday the Ist June, about 3, p. m.,) for that purpose. I found 
 him walking in his garden. I repeated what I had said before, 
 that there was evidently something very bad about Mr. Wood 
 and which 1 felt I should have to communicate to your Excellency 
 TAu °°J.!p*'°n *" ^*'s continuing in the Commission of Claims, 
 Dut that stiU there was nothing defined or tangible in what I had 
 
f 
 
 . • I .r (r. art on it. to know fur- 
 
 he letler.^ 1 Lad boiore sect, -^l'*;-*^;/' '"^^, ^^^o^juct on the imrl ot 
 a v.TV tlisousti:.^- '•«^"'-^' ill ^^'o "iv" ii'-^ved must unfit hun 
 ^l,, VV;vvhicl..unlos« ">7 .f ':;;'^b« -for iami.sion into society. 
 ,,.1 only iur ullicc. o l-b '^ t st b«M ^^^ ^^ .^^^ ,^^ j 
 { r.){ Ibis very strong y, ''f^j,' ' \',.rc known to your ExceUency 
 1 vas conlidonl that i( such t un- J^'^^' ^ ^ , ,„ n,, Connnussion ; 
 ..would not sulV.r .Mr. <'';;;,,^ j "'I'ou^hl to take every niea- 
 ,„d 1 loU that, know,..- ^Y 1 >nross I shrunk ironi the idea o 
 sure to prevc.t if, thou-h, \^^^' i tluio lore rosolvtd (and 
 Kivin^^ t^o lay such dela.ls belo o j .u 1 ^^^ ^^,^^^ ^j,,, 
 
 1 , Iho Chiei- Justice rny ^f ;\" « '->^^.^' j,r. Strachan Nvho 
 c' sU to take the Tust oPP""^ •^^:*>; J^'a^ri throu;:h him (lor,! 
 Ind suggested Mr. %N "od's » J.«^<^^ >" '"J^. ' ^ty) endeavour to m- 
 \^:::^i}-^^^\f^^^clSl »ntlu3inUMjtio.i 
 <luco Mr. W. to withd.axv tiom observe hat Mr. P. 
 
 I left Mr. Powell ; and here 1 w i >«^ j- j^j,, i^cod in al 
 
 bor the highest /esti.nony to U. -ha ctei^^^^^^^^^ . ^^^^ ^^.. j 
 
 ''^•^l. allowing .^ondng CMonde^t.^'^^^^^ 
 attendance on your Excel ecjjho^^^^^^^ ^,^^^ 
 
 {bllowing day ; and .1 ;^f '^^^^ ^„i„ess which had accumula^- 
 ,nands on many su^'J'^f ^ * , .» f ;' ^uitarv dutv, in the recent m- 
 cd during eleven days','^bst..ce on m« ^^^^ ,..^„^ ^ pre^ 
 
 suections. About 3 o'clock, .^ . ^' ;' , .j.^ji^g near the door, and 
 Sn e bv Mr. Wood, whom I ^"""Vhle Justice, which merely 
 V o delivered me a billet hom ^l-" ^^^^ ^.f^^fM^e other Con.mis- 
 c,d " Mr. Wood IS now in m) pa ' This appli- 
 
 iners, ^vaiting to be swo.n--Can > ou step o ^^^^^^ .^ ^^^^ 
 cXn^^'as entirely unexpected ^^^^^ 
 
 Chief Justice ; Ibr .t is ^v.thl.. he kno> ^^^ij,„tal. I went 
 
 being applied to on the f cas.on wa8| j j^^^^,g, the 
 
 Sdiit^ly to Dr, Stracha - ;th M, .^V>^ ^ ^^ ^'T.t^n- 
 i-»r.,.tr.r's iniervention, to prevc M;V,o-ara earlv m the morn- 
 
 S St acll had unfortunately go-'°^,f dice's' to whom, we 
 ^g, and I followed Mr. ^ood to 7 i hi ^^^^ ^^^^^^^ Commiss.on- 
 
 wfr'e admitted ^'^V' vTt^e ahe\^ ths and retired, 
 ers having in the mlerva t<»ken ine ^e^ the Chief Jus- 
 
 Mr Wood, on his entrance, ^^."'^""'y "^Latcd with many words 
 tice with an unfriendly V'^^^^jtllf^e beet » ad he warned hm 
 o: much more friendly it wo"l^ h^- J^'g forward «uch an ob^ 
 
 b^^:t Ji^^^od^-^^-^^^ '-' -'- ^'' "" ^"' 
 
any cc:rse he might havn thought it right (o take, had the Chief 
 Justice (lone so, it was still peijcctly in his power to pursue. Mr. 
 Wood continued his reproaches to Mr. Powell, and with much 
 warmth attributed his conduct to a feeling ol hostility to the pei^on 
 by wliom he hud been sugjjested for his present appointment. The 
 Chief Justice, with much composure, reminded JNlr. Wood that he 
 would not submit to insult in his own house ;— that as Mr. Wood 
 liad advanced such an imputation, it became necessary that he 
 should (;ause the persons who had formerly brought allegations 
 against Mr. Wood, to take their depositions before a Magistrate, 
 and to add to these his own affidavit of Mr. Wood's admissions tc 
 him made at the time. Mr. Wood, on this, with a very changed 
 tone and manner, detr. 1 all intention of insult, &c. 
 
 1 here again interposed. I told ^Ir. Wood that, placed as 1 was 
 I had only one course to pursue ;— that I had hoped to spare hira 
 and myself llio |)ain of a personal explanation by communicating 
 with Imn through Dr. Strachan, wiio had first suggeste " his name 
 for the present appointment ; but that as tliis was no longer per- 
 laitlod by what had taken place and the Doctor's absence, I beg- 
 ged him to understand ihat 1 must be under the necessity of laying 
 all that I knew before the Lieutenant-Governor, distressing as it 
 would bo to me to have to submit to him a subject so disgusting, 
 unless he, on any pretext he might choose, should, before the 
 evening of the next day, signify to me a wish to be allowed 
 to withdraw (rom the Commission. Mr. Wood admitted the pe- 
 culiarity of mv situation, and added that he should certainly with- 
 draw from the" Commission, and left the Chief Justice's house. 
 
 'I'hongh many more words passed, these were the leading cir- 
 cumstances of tfcis very painful scene. Mr. Wood made no ap- 
 plication to be sworn into oth'ce in my presence, of which I have 
 given the Chief Justice a certificate; on the contrary, he went 
 away with a professed intention of withdrawing from the Commis- 
 sion. 
 
 In the evening, I received a note from Mr. Wood, begging me 
 to tak(! no steps until Dr. S. returned from Niagara ; and as I 
 knew the Doctor could not be more than a few (hiys absent, no 
 objection occurred to me, and I signified my assent through Mr. 
 Allan the next day. 
 
 Mr. Wood's subsequtnt communlcatious to me have been duly 
 submitted to your Excellent , as .veil as Dr. Strachan's letter to 
 me, ex|»hiinin^;; his having suggested him for the appointment of 
 
 Commissi 'nu'r. , , , , u 
 
 The Chief Justice's first remarks to me I understand to have 
 arisen from his desire to be cotisidorod liy your Excellency as not 
 having brei insirumental in Mr. Wood's appointment to the 
 Board of ( lain.s. 1 am ccnfirmrd in this conception ot them by 
 bis recent d- ( '. ■^n\u:r^ 'hM he would not mind if Mr. Wood were 
 made Cha:ir< '" r su that he, the Chief Justice, were not instru- 
 mental in lae anpointmenl. The enquiries I addressed to the 
 
 c 
 
10 
 
 Chief Justice arcc from a desire (o prevent some e^_il t-jI'^M^ub- 
 lic service (llie ('Xtoi.t()f Nvhich I could not toll), it Ml. » ooa 
 <«nnf! 'iicil ill the tVin)iiussion. „ , 
 
 ' VVi Vfem.ce to the Chi.-f.TusUcn^s statement to your Lxce • 
 lency th.t I inforn.ed Wun that Dr. Strachan had »;.lv«e^l ' '' "r; 
 S to thMaw lorredrt^ss, I certainly remember l'<^-\^^- '>' !'\^*^,^^\'^, 
 El 1 Chief Justice that I had ascertained to rny satistactionthat 
 D SU-ac had never known the extent of what ^vas •mputed o 
 Mr Wood ; nnd that on the present occasion he had I'lavn V tohl 
 him that if '' he did not clear himself of these char-es he l)rS, 
 Stele ' • hi-i.^cdl of I'im.' It must be to th.s the Cb'et Jus ice 
 Eis Pive; t leahovc interpretation ; but as by a similar at.tudc i 
 mTJ be' i erred that I hid denounced Dr. Slraclmn to he (hie 
 T. f ce as 1 c nsli-ator of a prosecution designed to rum lum, . 
 ioT toSt^'wen for remaiVin, that my knowledge at your 
 Excellency's desire of effecting harmony and unanimity an., t^ 
 Sscomlo t- 1 have al.vady experienced in the necessary olTicia n. 
 leSion where discontant feelings unhappily prevail, wouul. as 
 '^e la common sense and honor lorbid any intention, on my pa , 
 Jo ex( itc feelings which 1 have ever seen your Excellency so des - 
 reus to al ay and it would little accord with a remark I remem- 
 ber to Im^mado to vour Excellency, of the light in winch I view 
 Dr. Strachan's conduct on the present occasion. 
 I hav? the honor to be 
 Vour Excellency 's most faithful and o'^J^^^J^'Jj^-';,'^,^ ■[' 
 
 I certify that this writing and signature 'Hjon this paper is in the 
 proper handw;iting of Lieutenant-Colonel Hillier, late ^euetary 
 to Sir P. Maitland. EDWARD M'MAIION. 
 
 York, lOlh Jan. 1831. 
 
 {