wmm ^ ^^. IMAGE EVALUATION TEST TARGET (MT-S) «^T ''^^ J /. 1.0 L£|M |Z5 Ui IM 12.2 1.1 £ Its ■ 2.0 11^ 1^ m i" — d Photogra{^Jc Sciences Corporation ^ ^ ,^w ^ i\^ ^ <^ 6^ 23 WEST MAIN STREET WEtSTBR.N.Y. 14SS0 (716)872-4303 '^ CIHM/ICMH Microfiche Series. CIHIVi/ICIViH Collection de microfiches. Canadian Institute for Historical IVIicroreproductions / Institut Canadian da microreproductio.'tS historiquas Technical and BiMiographie Notaa/Notaa tachniquaa at bibliographiquaa t< Tha lnst!tuta has anamptad to obtain tha baat original copy availabia for filming. Faaturaa of tliia copy which may ba bibiiographically uniqua. which may altar any of tha imagaa in tha raprcduction. or which may aignificantly changa tha usua* mathod of filming, ara chaclcad balow. □ Coiourad covara/ Couvartura da coulaur (~n Covars damagad/ D D D D Couvartura andommagia Covara raatorad and/or laminatad/ Couvartura raatauria at/ou pallicuMa I — I Covar titia miaaing/ La titra da couvartura manqua r~l Coiourad mapa/ Cartaa giographiquaa an coulaur □ Coiourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua biaua ou noira) r~n Coiourad piataa and/or iiluatrationa/ D Planchaa at/ou illu«trationa mn coulaur Bound with othar matarial/ Rail* avac d'autraa documanta Tight binding may cauaa ahadowa or distortion along intarior margin/ La r€ tiura sarria paut eauaar da I'ombra ou da la diatoraion la long da la margo intiriaure Blank laavaa addad during rastoration may appaar within tlia taxt. Whanavar poaaibla. thaaa hava baan omittad from filming/ M sa paut qua cartainaa pagaa bianclMa ajoutiaa lors d'una laatauration apparaiaaant dana ia taxta, maia. lorsqua caia Atait poaaibla, caa pagaa n'ont paa Ati fiimAas. Additional commanta:/ Commantairas supplAmantairaa: L'lnatitut a microfilm* la maiilaur axamplaira qu'il lui a *ti poaaibla da sa procurer. Las details da cat axamplaira qui sont paut-Atra uniquas du point da vua bibliographiqua, qui pauvant modiflar una imaga raproduita, ou qui pauvant axigar una modification dana la mithpda normaia da filmaga sont indiquta ci-daaaoua. pn Coiourad pagaa/ D Pagaa da coulaur Pagaa damagad/ Pagaa andommagtes Pagas raatorad and/oi Pagas rastauriaa at/ou palliculias Pagaa discolourad. stainad or lonm Pagas dAcoiorAas. tachatAas ou piquias Psgaa datachad/ Pagaa d*tach4as Showthrough/ Transparanca Quality of prir Quality inigaia da I'imprassion Inciudas supplamantary matarii Comprand du material suppMmantaira Only adition availabia/ Saula idition disponibia □ Pagaa damagad/ Pagaa r~~1 Pagas raatorad and/or laminatad/ Pagaa discolourad. stainad or foxad/ Pagas r~n Psgaa datachad/ rri Showthrough/ r^ Quality of print varias/ r~n Inciudas supplamantary matarial/ I — I Only adition availabia/ T P o fi b tl al o fl al o T al T VI h d a b ri r( n Pagas wholly or partially obscurad by errata slips, tissues, etc.. hava been refilmed to ensure the best possible image/ Lea pages totalement ou partieliement obscurcies par un fauillet d'errata. una peiure. etc., ont iti filmtes i nouveau da fapon A obtanir la mailkiura imaga possible. This item is filmed at tha reduction ratio checked balow/ Ce document est filmi au taux da rMuction IndiquA ei-dessous. 10X 14X itx 22X 2IX 30X y 12X 16X 20X 24X 2SX 32X Is u ifiar i« The copy filmMl Iwra has bMn raproducad thanks to tho gonorosity of: Library of tha Public Archivas of Canada Tha imagas appaaring hara ara tha baat quality pomibia conaldaring tha condition and lagibillty of tha original copy and in kaaping with tha filming contract apacif icatlona. Original copiaa in printad papar covara ara filmad baginning with tha front covar and andiitg on tha laat paga with a printad or illuatratad impraa- sion, or tha back covar whan approprlata. All othar original copiaa ara filmad baginning on tha first paga with a printad or illuatratad imprac- aion. and anding on tha iaat paga with a printad or illuatratad imprassion. L'axamplaira fllmA fut raproduit grica A la g4n4roaitA da: La bibliothAqua das Archivaa publiquas du Canada Laa imagaa auhrantaa ont AtA raproduitas avac la plua grand aoin, compta tanu da la condition at da la nattat* da Taxampiaira film*, at an conformHA avac laa conditiona du contrat da filmaga. Laa axamplairas orlginaux dont la couvartura an paplar ast ImprimAa aont filmAs an commandant par la pramlar plat at an tarminant soit par la damlAra paga qui comporta una amprainta d'impraaalon ou d'lNuatration, soit par la sacond plat, aalon la cas. Tous laa autras axamplairaa orlginaux sont fiimAs an commanpant par la pramMra paga qui comporta una amprainta d'impraaalon ou d'illustration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Tha last racordad frama on aach microfiche shall contain tha symbol — «»■ (moaning "CON- TINUED"), or tha symbol y (moaning "END"), whichavar applias. Un daa symboSss suhrants apparaftra sur la damMra imaga da chaqua microficha, saton la caa: la symbols — ► signifia "A 8UIVRE", la aymbola y signifia "FIN". Maps, platas, charts, ate., may ba filmad at diffarant raduction ratioa. Thoaa too larga to ba antiraly included in ona axpoaura ara filmad baginning in tha uppar laft hand comar, laft to right and top to bottom, as many framaa as raquirad. Tha following diagrama illustrata tha mathod: Laa cartaa, planchas, tablaaux, ate, pauvant Atra filmAa A das taux da rAduction diff Arants. Lorsqua la document ast trop grand pour Atra raproduit an un saul clichA, 11 ast filmA A partir da I'angia aupAriaur gaucha, da gaucha A droita, at da haut an bas, an pranant la nombra d'imagas nAcassalra. Las diagrammaa suivanta illustrant la mAthoda. Bta ilure. : zx 1 2 3 1 2 3 4 5 6 ':f''~^'K^'>WW''H-y,if-^^1i'^ ; f'^PiP P'^PP^fT \ i \ ■l^yiik •?r(t i(0 .f'^t/'M 'r)n'»T v/tul.tH •> l? 'tn ^-.h-} .i',ji1y ivisti »/ J/'jfi.(r. v.'-m loTfaeearbf iettlemefitiot) tht; fFxiMmi nfrVonlif, ndwiriihraity of To- ronto ani .th«. Capttai.) of [JpyjrtT'!€imadttitpiTev!iota»'lo the jriar •iSift!!),' .WaB- after this'hiafm^i'i' -Miii .^iio'^ (.;■.•. •;! ((/,*.■ 'T 4't Wben the Governtnent of iGreat •HriUtiaiibeQarite firaf :po88i98^ed <«f the Ptovince qf QuehaMflfterivr-.trds'iktndwBlAS tb« Provutceiof €anadav bj conquest, it Wiiat deiinoua>^f ktaviag ihe /lettleinBat .theit> otode by French Colonists 'ia>thd<>eB.)oymeDti'K)f t4ieir lawi, fAtiettoms, laaguag*, and religion ;' tuad the better tp idirry out that iri^iw, divided >the ProTinfe< idto bwot p«ptS(,> Ane.iLoidPie]^ Canadai QDmpinsing all ^'^ Mlements.tben milde byitiN French^ indur ifing the Comity /audreuil^ '(the only aetblamerit West (tf/ the Ottawa River) ; ttUv. other; callediUpperrGarfada^ Which eompHsed allithe nnsetlled-wildiarnesBiii^ttrof t^be boiitid^eieii aiAgpe MiJjfvjHi vm-rn .U'lVKt vfiiv-j u-.ih rr: v/ivl'>5» ' mTd t!h«i Provincerof UpperijCaniiddt, thie'^IiBpfiHai GMitertimsDt ftssigned'Oi Constitution byidift Inlperfttl A)ctyi3tlfltijGreoi IILipass^d In 1791i and appointed John.tiiidcoei' Ebqw^i t(iit%erirards' known ae iQolonfed Sitncoef) Ueutenant Governor. • it.; I - .i ;•! ,: vi,-! » Daring the winter of 1791^ Colonel Sim his possession,) d'liiledtfK^ London with, hie fttaff, by .vay of Qteebifeo, to Kingston, thdn tbttnuU village ttvfith a *ftne harbour for tfhipping^r^arrtying there it>;Jtttly of that year, ui I His first step was to subdivide the Froi? iiioe. into Diatri^to f6r Legisltttive purposes, order an election! of Mentbets o^iPatliAinlettt AoVa the few. scatteted settlers who had e&tered'ttie Province after tike American Revolution, most of them as squatters uppu) the wild k|.nd8,f-«ahd call the first ' Parliament at : . Niagara,. ;thQn an old JB'rench fort, with a few settlets . known as Newark; ,ihiKa •• mi to H^mi >'jr(n bot*^ « / / ) In 1793, he ordered a town plot to be surveyed, which was ac- cordliig|7 done fy Mr. Jonfes, a surveyor. The town extended fr sorted thither ; Intending, if that place should eventually be fixed upon ap. the ca{>ttal of ^e Province, there to remain ; but after H was positively aitert^ined that York was to be the future seat of Government for Upper Canada, many of t&e families then at Kingston, dfttermined 1o leave for York. The first fteinily that left Kingston and came to York wa^ thct of the late Caption Denison, (father of the late Georgis T. De^ nisoil) Esq., who died at Toronto, in Decemb^, 1853, its oldest inhabitant). Captain Denison arrived at York with his wife aa4 four son< in the month of Obtober, 1796, and resided ai ** C'(MAe i^cmA^ until he gpoidtmeiits. The late Thomas Ridout, Esq., better known as Surveyor-General Ridout, (father of Samuel Ridout, Esq., Registrar, George Ridout, Esq., Barrister, and Thomas G. Ridout. Esq., Gashier of the Up- per Canada Bank), was also an official under Colonel Simcoe, and a good specimen of an " English gentleman of the oldra; tims;-" / \ / / \ / i 8 William Jaryis, Eaq., better known ai Secretary Jarvii, Iktber of Samuel P. Jarvig, Bsq., was also an official ; he waa a U. B; Loy- alist. He married a daughter of Dr. Peters, a clergyman of the Church of England, in the British Colonies, who was one of Uiose so shamefully persecuted by the rebels. These gentlemen, with a few others, formed the staff attending Colonel Simcoe. The late Captain Lippincott, a U. E. Lojalist of celebrity, came to York in 1796, and remained a few years, when he afterwards settled in the County of York, where he obtained large tracts of land for his services to the crown of England. The DenisottB of Toronto are the grand-children of Lippincottj and of Captain Denison. The late Colonel Graham came to York about the same time, and afterwards settled in the county where many of his descend- ants are now to be found. The late William Warren Baldwin and his brother were early settlers at York, having come from Ireland about the year 1798. The late W. W. Baldwin, known as Dr. Baldwin, was father of the honorable Robert Baldwin and of W. A. Baldwin, Esq. Remar- ried the daughter of Mr. Wilcox, familiarly known as Squire Wil- cox, who came to Kingston in 1 792 ; returned to Cork, where he was elected Mayor ; then came to Canada again about 1797, and finally settled at York. Mr. Sullivan, brother-in-law to Dr. Bald- win and father to the late Mr. Justice Sullivan, came at a later period. Of the officers of the Queen's Rangers, who eventually settled in York, having descendants residing here, were Colonel Smith ond Colonel Shaw, (afterwards Major-Geoeral, the First Adjutant- General of Militia, and a member of the First Executive Council,) the grand-father of Captain Shaw of Oakkill, Toronto ; Captain Givens, afterwards known as Colonel Givens, who died a few years ago at a very advanced age ; the late honorable Alexander McDonnell, the father of Allen, James, Angus, and Alexander McDonnell, of Toronto ; Dr. Macauley, the father of Chief Jus- tice Macauley and of Captain John Simcoe Macauley, now in Eng- hind ; Dr. Gamble, (father of J. W. Gamble, Esq., M.P.P. ; W. J. Gamble, of Milton ; and Clarke Gamble ;) and Christopher Robin- son, Esq., father of Chief Justice Robinson, and W. B. Robinson, Esq., M.P.P. The honorable John McGill was a very early settler, being at York on duty previous to the arrival of Captain Denison. He brought a horse with him : it was the only horse for a long tihio west of the Bay of Qninte settlement. Mr. McNab, a revolution- ary officer, the father of Sir AUiln McNab, was an old settler. — The late Chief Justice Powell was also an early settler, and the late Colonel Chewitt, father of James G. Chcwitt, Esq., was one of the very first. The late Chief Justice Elmsley came at an early period ; his son, the Hon. J. Elmsley, was born about twenty miles north of Toronto. Chief Justice Osgoode, from whom Osgoode Ball de- rives its name, was the first Chief Justice of Upper Canada. — Judge Bottlton, the father of the Hon. H. J. Boulton, and Jam«s / \ li / '1 rHif- Bou)t«tadf .Toronto, came at « Me« periods iibout tho y^djir 1,8;044/ and.Mr.'Corooer Du|ri5Jiniv.aa»«.al)«ut.im)j6.. I-/' .•,-. :\ . ;.'i;;> The late Hon. fame** Baby w«s a. meniiher ot" the ftrsVliitfecuiiivtt: Gouiicil ■Jti f '•;:;'; I .■virJ f.-.f!iiiiiN. •.,( .....f.- fr , ,'.,,,V ;,, , ,, ,,/> ,(• ; ; ■.,:;;... 't'>LiONiiRi> WWf x,iln.ao>ft^<("«'W'^«jf>' ^'hfei a«ra*ro,U(S. iiviaoomejjtff pUbU^ed by^Pco«JftmfttkM>.i[U|l/^Ql^iheiAA:^fti' tliLvi^f^th ol' Jiiy Uta Majesty Kinp George the' Tliinl, rliMjitcr 'JVih,) l)v the iJrit^»J|i CroY^nment fnomfUuDie i(OMt^n*«}, iQ»jiUi^L*i4iiltipWSi()W!! AvU(j»,!i,hgul'l i ;l>b iMiliiuj* to 8uttU- ,i,a the Canadas, imd hiving det-'Tiuiiud toi.,(iake u.o, >:;riuU^ :<)f Ij^h*^!^/ thr tlicm uud ihfi.r children: so held out*?soUi otT, idl jji^H-.vjvluiiijleiJjmdfcd smctuiiit'i- jjror p^rtjf in: the iluited St<1tBs,'>()fi,.ttUit ^nUk the, j^rytfry.b purH' cba9i«d!a boat, which :he ix^^aWM' \vji.li ^u<^h U»ti(}leai-T-,for liit^ uw« liS\mt9 xkapftrnd mtt for W'/^j^ti.ji;!i.tj tlinu^iill«\oiiidi b:e mo.i ^ijpyt'ujf tOi^iim in, his new. se;,tleuj,oiH-<'5»tli?ci«i;»>ri(iin^^iy^iuUed iu LU<>;tt^)(>ve vowel with the rtforof^a^.^! frai^^t't', «t.ud arrived /ift iYprk^jwyf. ToroatOf) harbour, i'l the iTiantli 0Jl.:t\.i»|^)>t, l;Hir),uiild,i|»r0, ji;^«d< with Moais LajWRcneiv JiiiH\(tt»j)eri. oi"it]ri*thii;u,$»iiU(Tfi)l. Vaili*' to the office of ("!oh)uel William Allan, the Collect'.M- of ('ufiio*u8{ Ot'Raid port; .tha^ Vw5('>^.ii|l'o»iiiie(i tiuit. i^ui;*! .Uoloual AUuii WHS;}»ot ^iVhome; delivei'ed to Mjv,'l;houui3 linmiiUiu, hi!idejiUtv,af).iny,ori^^: 0B;BiUttf/L(iaai^,td the ,ti'»i>iU-i;t!ia! ot't^je. Hoiuot /of.'As8eiBbl,V'ir<'« )'i'''->!^j.:NoM,l<>li.). That tU«'i;S«,iii. Hiuini* Ha.iuiJ[toa.th$n!;\vwU:.>PiV IxonM 'thp. sjjixi bi^-'ivpAnd vvjthcitit- having' t^'qperty (ex twined, tbmctijr^p.fieiiit^ti it;and;t,iif! b«^u,t;; find in direcf »>ol4tiob7of' tbe!;.pr\1i--ion>^!,<^' t})« Act ,pl')tiUe;,41so of liin l.tiei MSijestv;, .Oeor'jjre tbia .Thini, irui^tfit^riLbB 5tb,, pa^eB liW .nu-l; 13,7,; swtiotttiie i^thyafid 'Ay:nm ifii.pi^ge l;3ri,'rlu:*,ji)<(er oth;'d..-|oi;i,ijd, ibfc s.fjM- yfrSseH O-nd civgjo.t'roai Ai^fe-usti-Ji^JSyi^Oj t^*3-i2tjtU;r:jb.!'u:!i\)V 181Y, without haviijp: iivide ;niy i'(;turn of the same tQ'tiif.H#i'Pji^?! artiithOifities.petiuiredlbv'jtbe entictnieuts afOTQeiiid. 'J . . i • . -ili. \V..then!proc,ee^led up iYon{*0; Street,: aad.' pure ht»,5nKi;»i,i)ie«Qf of, Iftnd about; 1;3 milep tVoia York, (nONYilfWQftto,) for .thy pui^jiK>rt»' af:}(e«piag a hoUH* of .pO'liliQ enteptaittmeut^ ^0!t?,^'y TH\-oi«tto'tiM*5t-'a liocasiQ as byT»*v^f ■divreqtod; ondrwa-! iefii.; Robert Caldwell, J. G. Ghewett, Jonathan Shaw. Finding that he woaAd not be allowed to take the Oath of Alle- giance, although at the time Town Olerk of the Township of Vaughan, and having acted as Juror at the Sessions in the Home District at diflbrent times, and having embarked so large a capital in crectlKg and fbrnishing his said house, he procured a friend to take out a License in his own name for said bouse, (aind for whieh ' license he paid the sum of £8 l&s.) and under him he conducted th« business of an Innkeeper six months in 1*817, until he was summoned before the Magistrates, fined, uid pidd £20, with £1 5s. costs, and obliged to shut up his house. He begs leave to lay before the public, the following statemeat of the foregoing trial in that case, as follows : — Adjourned General Qvarter Sessions of the Peace, York, 6tb of August, 1817. \ Pbisimt: GRANT POWELL, Esq., Ghainnan. Col. WM. ALLAN, (aforesaid,.) ) ALEXANDER WOOD, Esq. }• Justices of tfar Peace, Ac. WILLIAM CHEWETT, Esq. > On complaint of Wil&m Allen, Esquire, Inspector of Licenses of the Home District, on the 2nd instant, that Leonard Wilcox, of the Township of Vavgfian, sold SpiritUQUS Liquors without li- cense ; a warrant had been issued accordingly, and he appearing, and on being examined thereto, acknowledged that the License which he now sold under, had been granted to the bouse he now occupied in the name of Whitfieldi Paterson^ but bad not been legally made over tO' him, as he is now informed. Whereupon it was ordered, that Leonard Wilcox do pay a fine of i^20 with costs; that he enter into a recognizance for his appearance at the Court of General Quarter Sessfons, to be holden here on the 14th of October, now next ensuing, and give evidence, against Whitfield Paterson, &c., which he has accordiingly done «& follows :— ^ LEONARD WILCOX, £10. ) GqiiDiTioir. JACOB HUXSHAW, £5. [ That Leonard Wilcox, do appear JAKI0S ASi^LEY, £5. j next Court of (General . Quarter Sbssibns, to be holden here, and give evidence against Whitfield Patterson, for a Misdemeanor, ^., an,d not to leave the Court without permission. , ., In obedienice to the abovei order, lest he might be fined in ano- ilicr sum of £20, with costs, he had to travel every day during the whole Sessions, a diistahce of 26 miles, through'the worst of roads, and notwithstanding which attendance, said Paterson never ap- peared, and as he understood frotn Paterson hitqself, never waa / \ • 6 1"; t called yjpon by {(aid,. Cpurt, to answer to the said ohwge. The above ordered Ooiurt is testified to be a true extract from the Becoird« mCM.iu-i'-, i;,' . i, ■ ^!;j^'r..r,'..,T V-'.ForS. WASHBUBNEjBsq., Olerkqftlit Peace, jr.D. (Signed) CHABJ^BS M. K. BATTY. Then fellows Whitfield Paterson's Certificate. >'! ''■r I hereby certify that I licensed the hoose «f Leonard Wilcox, on Tonge Street, inibe year 1817, and anthorieed him to sell for me, And Jbei was fined lior selling nnder the said license. ,1 (Witness) JOHN FENTON, ur t 1 iroi; (fiHgbed) WHITFIELD PATERSON. ■jit> Yark, 12th Feb^ isaOii Seeing the want or y^r^wg Machines in the iwt of the Province in which he settl'^d. an^ being under ttie ipj^i-essioi^ tjiaf ,the duty on such would be 10 per cent., he imported on^, la lW6 pr 1817, and was obliged to,p»y 30 per c^nt. duty, VhicJi ^Uty, fkmpunting to 16 dollars, has never Ijeen accounted foif by-jUw Ctt8tom.,^ou»e Oflicer to whom it was paid. ' 7ht^tthepaymentofthesaiddnty of 30 pen cent, on the said Carding Machine, wacf.prp'ved by Mr. Edward Thompson, before a Select Comipittee of the House of Assembly, appointed to enquire into his case, touching the seizure, ; of .^e yesselamd cargo, and disposal of said duties, by said Col^ctor, as appears, upon 'record in the Appo^diopQf i^ Joumals for 1836, No. 102. He begs leave particularly to callithe att!entipn of the pnblio to the very remarkable fa^t. of documen;ts Nos. tjuree and four : re- ferred to in the said A^netidlx, having been torn out ,e|f the Report ot s^id Committee, ais .adopted by the House previous to; iW t)ein^^ pfhitefl in the Append^ to tlie Journals of the Hipuse. ' ". Th^t since his property Wais seized and sold under th<&' ^ppife^- sivife circumstances aforesaid, he has not neglected to apply to evj^ty^ Governor and liegislatttre. for redress, since the occiirience took' place, bU]t could not obtiih redress from cirfcumstances Oyer win6h he had no cbi^tfol; a,nd which remiiined hidden from him behind the curtain : but had invariably found, that the principal persons against Whom he cpmplaine^j still held the highest influ- ende under the Govefumeht. ' ! ' Hon. WiLUAKAxtAii filled. : Were you in Lower Canada at the time of the peizure? — I Tfas absent during the whoU of the suniiitei' of Ifi^lB, rtetljrhing in the fall, I can positiv^^ say" I Ws not in York at the titne of seizure, I niay have been here iat the time of ihe first cominsr of the boat in th* spring, thotigh 1 am hot certain. *"'"'' *' ; Was Hamihx)it yonr deputy ?-^Yes, he'Tiri^sl How long was the boat kept before the trial ?— I cannot say. Do^yoti recoUectt the atmotrnt th« boat and goods sold for?*— Not the smallest recollection. ! < ^ Do you kna^f if any report waftmade to the Inspector General? — I do not«-it is always usual to make vetnm of seizure to the In- spector : and Copy such to the Attorney or 'Solicitor General at / V . The om the \'tt ■'.■' [cox, on for me, 5RS0N. rovince,,^ 1^ duty c^ 1817, ; minting ^^ouse k le said efore a inquire TecQyd . i bliq to, • r : rq- Report ^ppres- aply to iirience ' s dj^T vtx him incipal influ- ■I yfis iti the eizure, e boftt neral? heln- »ral at same time. I presume' it was done in this case also, but cannot say.. : '•,)*-. •■:., Was Hamilton your deputy at the time? — He was, and mnsii presume he did so. Did you receive the proceeds of the sale, or any part ?^I do not thinlc I did receive any — there is some possibility of it — but I do not thinlc I got any of it. Did Mr. Hamilton, as your deputy, make return of money to the Inspector General or Receiver General ?— None* Do you Icnow what became of the tackle of the boat? — I do not. Mb. Hamilton — examined, "Were you Deputy Collector at the time of the seizure of L. "Wil- cox's boat ? — I was, in the absence of Mr. Allan in Lower Canada. Was Mr., Allan absent at the time you seized the boat?F^To be sure — sure he was .J'' For what cause did you seize the boat? — For having goods on board which could not be entered. Did not Wilcox give an invoice ? — ^He gave the number of pack- ages, but not their contents. Did not Wilcox expect the packages to be examined ? — I sup- pose not. Did he expect a permit ?-^He did, but I would not grant it till I had examined them ; I did examine them, and the first article I discovered was a box of dry, goods. ., Did you question him as to the contents of the packages?'--'! did, he answered in some evasive way ; I cannot say, it is now so long ago. When yon seized the boat and, goods, what proceedings did you institute?' — I put the goods in Mr. Allan's store, the Custom House ; locked them up, a^id delivered them so to Mr. Allan, on his return ; the boat hauled up a little on the beach, of which Mr. Allan also got the custody on his return, and this is all I did to be called as a witness in Cburt, upon the trial. Wilcox, requested the following questions to be put to Mr. ' ^'' Hamilton: — What were the contents of the box which you spoke of, and containing the dry goods ?— Pieces of shawls, pieces of muslin, and an adjustment of merchandize. • What do you suppose the value of those goods ? — I cannot say at this distance of time ; it required three men to lift the case. Cart you say, even at a conjecture, what the value might have been? — I cannot; some articles are of doubtfiil description, and I could not say whether they are forfeitable or riot ; those were re- turned to Wilcox, that is, they were sent back to Mr. Allan's store — ^this wa« after the trial. Was there not a valuation had of them npon the seizure ?-' There' was, as I suppose, but I was not present; Mr. Allan knows I suppose. Do you know anything about the proceeds of the sale of the boat and goods? — ^I do not, otherwise than understanding from Mr. Allan that the Attorney General's bill was abont £20, and that he paid him. f n W / V 8V > Had you anv of the crockery Uken in the boat, in your store fur sale ? — If 1 had, I bought them at the auction and paid for them. Were you Deputy Collector at the time of the sale ?•— I had no- thing to do with the office at the time. An Aeeount oftundry artieUa that veremxed from L. WiLOOX, and eondemmd a$ being iUegaUy imported^ *mt to Ma. Hamilton, for »aU at Auction, Feb, 26, 1817. 1 bag Ooffee ; 2 bags Shat ; 2 boxes Cigars ; 1 doz Pins ; 1 keg of Ginger ; a crate of Crockery ; 2 Pieces of Dark Calico, 28 yardH each ; 11 dark silk Cotton Shawls; 5 white Shawls; 7 large Cot- ton Shawls; 11 colored Cotton Handkerchiefs; 1 piece of Cotton Shirting, 25 yards ; 1 piece ditto, finer, 25| yards ; 2 Remnants ditto, 16 yards; 68 cakes of Windsor Soap. Contents of the Crate of Crockery, 21 blue edged Soup Plates; 31 do. Flat Plates; 72 do. Break- fast Plates ; 60 cream colored Soup Plates ; 09 do. Dinner Plates ; :i6 do. Breakfast Plates; 12 do. Oval Dishes ; !0 do. Wash-hand Basins ; 24 do. Pint Bowls ; 5 do. Quart Mugs ; 19 do. Pint Mugs ; 2^ dox. purple Cups and Saucers ; 3^ doz. blue and white ditto ; :t Claret Bottles and 6 small Tumblers. Jonas Dcnoan eaUed. What do you know of the Carding Machine, its entry and doty in spring of 1816 7—1 did come with this Machine at the time mentioned, and I saw it entered in the Custom House, with Mnjor Allan, who was there himself at the time, I brought the Machine in for Leonard Wilcox — I received it from his brother, Charles Wilcox, who is a Machine maker, for Leonard, being six months la his employment. Ma. Edward Thompson called. Did you import into this Province a Carding Machine or Ma- chines from the United States, and when? — In 1816 I imported one. Did you pay the duty required by law thereon? — ^Ves, at the time I imported it. Did you purchase another Carding Machine from Mr. L. Wilcox, in 1817 ? — Yes, and I was satisfied the duties were paid thereon, ns he produced to me a certificate of having done so, from tlie Collector of the Customs, before I got possession. Ma. Jambi Nation eaUtd. Are you a clerk in the Inspector Oenerars office ? — ^Yes. Is there any entry in the book of the Inspector General's office of a seiKure, condemnation, sale, or return of a boat and cargo belonging to Leonard Wilcox; in the year 1815, i|^ the harlraur of York ? — From June downward there docs not appear any such entry as far as I can trace. Is there any entry of a Carding Machiue, as entered by Leouttrd Wilcox or Benj an? in Hoshe? in the year 1816 at Y'ork?— There are ontrici of two Carding Macliiucs ; one of Edward Thompson, / V I the other 4o«)f «cA State Um aMBAof tW ittqiorter, m far aa I can fimd : It attpeiura thai llM duty of 30 |iep ceai. waa paid on both Qi' thoH«^ kiiochioea, it ia' my impresalon bothi uachinei were im^* ported l^fildw^rd Th<»mpspQ 1 1 . , * 'n I I <",,r.'' i/n; ti.R.fiDJtNUA.OP ;0.'C..,8lIALI.« BaQ. •.!, r: nr.,. .-'if . ^Do;youktQlr >of Jiny .pito.eeedingi.bad or recorded '<« a Mtsnvir said to have been made ofAhe gooinft>rmation wh» filed by the Attorney* Gf«ncr!il for tiM ^ondennaiiop of a certain boat, with her lacUei and furniiture; oi' the goodaiof one HM.iiyVikox, for that on#' Leonard Wilcox did, on the I'ith day of Augiiati 1815, import. and bring into, the' ProTLDCe oil Upper ( oiiada, td.wlt, At Yonhi frdm the United iStiitesiof America, aeve id parcels ■ofi:gooda. and mei4t chandize of. the growth, producoyiori manufaioture. of said United States of iAmericarTo'wit>-^20 harrele of salt,, 2 boxes of glaai, a.tierccB and :3i barrels; of w.hisjttty, 6 bavrels of oil, 1 crate of drockeryvl ^^raASi of gliiss^warev 4r pails and T chairs, 2 kega* df tO^acuQy and l.kSg lof ginger, I idemijohn spirits > of < turpentine, 1 box oil hats; L box, of sanldleryt 1. tr-ank of dry gooda, l .box oil obnnit^orsiSaU, /l.tbag of coffee^ 1 trunki of .sundries, 24 pieces of hollow-ware, 1 cro^^rcut saw, 3 ksga ofrUailA, and 3 bags of shok .;0n the lothf of ^«ttUAi^,ilBil!U, ^ti appearance and plea was filed) by W. VV. naidwin, Bsq., a» Attorney for the said Leodoard Wilri cox ;.oa tbt 2&,th Murohyu reenrd was made. up. and passed, and, ou! th«; 20ith .Decerqberi.foUowing, a bill; of costs toxed, and n» fiuthenrprooeedi^gS' appear to have beiea iit»d. > «{; i . - .^^ura CHARiLBS C. SMALL, CI7.'JP. •ii: .i)J. think .'the! whojQ of >the proceedings 25 per < asoQ : Colonel Allen! stiid he did w>% know wJUether he got any <^ the proceeds or not;: there wa4' some possibility: of it, but hoidoedtnot think he got iat^' of it,:,he.sso's that, Hamilton inerer made any/ retntuofiimioney to- the InitpectQr-General.or.iReiceiver^eneriAl ' .: As.toitheiftnis lenforce I against me for Selling Liquor when the-: house. WAS; l^ireosedv. and iwas autJhonzed to -sell by Paterson, I was iiuedXl^Ot aad;25B. qptts, because d bad not .taken the oath,! "and then WAS bound oMer in, anotber-£2^ to Appeariagainst Patera son wiho lirenaed.the house ifoRime: (father, than be robbed of £2<)) mopo with coats, I hiadiito; travel 26 miles lOVieryidajir during the sessiood, when the ivoads i w^e be4. >. I wouldiflike to know who^ tbO'-ie. geqtle^en iWere. th^tt sigtted ) their;Jbta»nltditbe:largegranl;St of ' Land. /.-ollr, Uvjv.w.i-.i i ^.■'' ■ mi- buy. ■).;.■• ■liV)') •/-•■'t '(iiil/. •(. ,..;)(Hir» Ij'^r'i iu '.)fchT'i-M bivh Uih ili , ,;;LBONARDr WILCOX* 7<| y 10 € To the HonorubU th« Commotu House of Auembfy. > Leonard Wilcox came to this Province in 1816, intending to be- come a settler, and has resided in the Province ever since ; he also brought with him a boat and cargo, his own property. On his arrival in the Port of York, he reported a boat and cargo .o the then Collector, William Allen, Esqaire, throngh his Depucy, the late Mr. Thomas Hamilton, who seized them. The boat and part of the goods were cond9m!ked by legal pro- ceedings, and afterwards sold, the remainder of the goods re- stored to the Petitioner very much damag«d ; the rigging and tackling were not sold with the boat, or even accounted for by the Collector to the public or the petitioner, nor is any of the other proceeds of the seizure accounted for. It appears the Petition^ imported a Carding Machine, and paid the duties thereon, which have not been credited to the public. That the appeal already made to the Executive Government should have failed, is an event that might have b«en anticipated, for according to the system under which our public affairs have been allowed to be carried on for nearly half a century, the appeal w i made to a Council wholly irresponsible, and composed chief- ly of the same exclusive persons and influenced by the same poli- tical prejudices as has ever characterized that Body. It will be seen that the Executive Council excuse themselves from recom- mending the Petitions for lands under present regulations, al- though whole tracts of the country have been within these few years granted at almost a nominal value to a com])any in London, who make a transcendant profit on the sales and withdraw the money from the country, while the annual instalments paid by the Company are spent by this irresponsible Executive Council, independent of the Legislature of the country ; and many affluent persons, such as Dr. Strachan and others, have found no obsta- cles in those regulations from receivin rect feeling that an affected appearance of legal proceedings should be considered a justification of oppressive measures, and the interests of the people made an excuse for the deeds ; while their interests are forgotten when the money ought to be paid over. To wh.*t amount in past years this peculation has bee>n cai/ied on without correction, it is impossible to tell. When the Petitioner found himself and family in the country little better than plundered of his property, and left destitute in the world, It was equally his right and duty to pursue some means of getting a livelihood. For this laudable purpose he undertook to kiep a Tavern, and as a preliminary riequired by law, sought with great humility and assiduity to take the oath of allegiance ; while hi the case of seisure he was oppressed under a false pretence, which wan never paid over, in this case they refused, though it would have added to the Treasury. And when this: persecuted individual undertook to open an Inn, in the meantime, till he could make — as he might iE any humane or civilized country expect to do-HEt successful appeal for the administration of the oath, he is both pertinaciously refused in all his applications to qualify himself, and cruelly persecuted for the fine for acting without the qualification. It ou^t to be a matter of surprise that the same Honorable Colonel Allan, who was Collector in the above proceedings, was the same Colonel Allan who pursued this victim for the fine and costs in the latter case. If no relief was afforded by a grant of land, your Committee suggest the passing of an act compelling the Honorable Colonel Allan to indemnify him, inas- much as the public have never received the proceeds of the pro- pert; to which neither the Coilectok' nor his Deputy can have, tu say the least of it, a better claim than the Petitioner. AU which is respectfully submitted, T. D. MORRISON, Chairman. CoifMiTTER Room, Housb or Asskmbly, 15th April, 1835. REVENUE LAW.— WILCOX'S CASE. 41 Geo. 3, ch. 5, p. 136 — Collector shall return all duties and seizures at or before the expiration of every six months. Ibid. p. 1S7, sec. 8 — Prescribes manner of making entry — it seems the report of the packages is suHcient — punishment of offending against the provision of this clause — fine not less than £5, nor over £250. Page 136, Chapter 5. In the 4l8t year of George iii, A. I)., 1801. Which said Collector or Collectors, or his or their Deputy, or Deputies, shall make his or their report to the said Governor, Lieutenant Governor, or person administering the Government, of ./ ri2 \ / I t!^ all: ADtries madenat- hiis or ithclr'ii'eiipectivo >))ort xsit poftRj'ond (accounts to thisnRdoiiveipi General ^f the ' siid 'Piwinne'! Ibri aII idtttids and seizures ievied, paid, ftnd tnad^ under atid %;f Virtue of any Act or Actsofithie'Pai^Uament'of Great Bri1fthi'-;ii->-t ly'X.'Av.)'^ - v:The foUoMnj^ petsouH oMiiin^d ttte und«hne«i|iloqcd 'lib^etrrtl -grants of Land about the tiitael^. Wikoxwas ntijastly' dehied^^v^b ■tiie'smalle^t grant !«vh«tever;';M'i irii-ott/s iw; maS\ Tjuilc)! }•)■*( ! James Baby, Inspector GenerBlj;?;3ni«<;re8i''T'!''-"'*» •'♦ iiiforlii John M'Gilt, late Receiver 'Gen«ral.6<,56&; do.' ' ''' ')'» ?! 'i;.!;!! •»,!} i W- 1>. Powell late' GJhief Justire and fatnilyy 'ie,S03'doi 'O uji ii->H \ OedrgeiCcookshank;, latie Commissary General, 2,001 'do'J ^'' ■<> JohnStVai liMn^ A.rcMeacon of Vorki 3,202- do, - i'^ < ':" I .imrj -:Dancan CSameroUv 'Secretary ahdRegistrlur, 8^800! ilo>.<') i .rioi)i)>>'! G.' H. Marblarid, Execiitit^efCoanciUor, i&c;, <3,045ido.»''' h"Im •"><'> ;.WiUian Allan, 2,200 do. • ; '■■ " • I -''■ ^-.'vi'i b half^payiBoyal 'Nary, l,200i do. iJPeter Adfimabni Reduced MajoiTj 1,000 do. : i. >< • JaMos Kerbv^ReduoediMajor^ incorporated XiliCia^n.Glf 31^00 do. vJameSiOtOOkB, '3,371 dO.:::':-i' ,,•.:f>qx'> uArtthdr Llbyd^ 12G0!idoi.; i'-'uVn /i>nMu->.'.u." »<:; iJ)f.«t »••• 'jif .ilj«.!» .Abraham Nellia,, 3,000 dloj!!!;-! rx^i ;![■ •;-< : riu: :H'.-,jtild "UlMrp William; Bercav, Judge W. Distiriot Cburt,' 2,400 fto;i> -nli in- ttiiw Mahlon Barwell, Collector of Gustomi, 5,200 doL n olt rl) :C. A. Ha,o(irmaTii,^oMoitoriGebeFiill,' 12,400 do., and maiiy otheifs [.•»:. obtained 'grants from 1,000 acrds'idownwardsi 1. ■ ■•. il "!! f* I was .irrfeated' by Dtj A^iExANDRX Bofe^aiDB^bin the- 4ih 4»y of July, 1834, for: £375, and locked up in the Jiul, at the time the Cholera was protailirig-, and > assisted in the renKOval of James Fulton, who died: of that dreadfdl' disease; althoiigh: ihe Dr. justly and .truly owed ule at the same tiine,'' dBSOO, as you will see by thefolIOAvinfr ffccts'Ottthfe plea of set off, verdict for Defendant, £23,"). A second trial wasi granted, [the Doctor Ukving a long pocket] when 1 obtained auoiher verdict in my faTO^ for^veral pounds more. A third bt andOofitd, by thC)' Attorney, Itfr'.'George DUggio. Jdci^ittie aUm ttt . £42 lde< 4d> itfta>amoiiey making basioesa! !' :> ,.;>'; .-.:.) .;; ':.!^,. ;,.: . .•;.,. -LEONARD ;WlL0OXi ! V 'KV. 6' 'ton ail Virtue of every six h'libwrwl •)'ii }!)•)■( MoitiJ't'l iU[ rtiuli Ifj.i y.-fr »Otii! ( , if )irdo.'*r 'liiiiiti'ii oi ■ - ■■ f siiioofdn. a i^: • 1 J ■)•«<:■"> !J|[ Ai'i*.'! ItJOflJiv/ vy othoqs ;Ii 4ay of thnie itlie }f JamQS ihe Dr. will see jfendant, p a -long rsfeveral ed a ver- ta £310. a him in tto liave >. Wbat ! I I ' ' tie iime I fw D^bt e siliii bf \.