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Les diagrammes suivants illustrent la m6thode. 1 2 3 1 2 3 4 5 6 ^■■1 -4m '/•// i I i/, ^ a rN FACTS AND PARTICULARS .V % c- V KKLATINU TO THE CASE OF MORRIS "«. CAMERON, KECENTLr TRIED AT BROCK VILLE. JlSontreal : Pi^INTED AT THE MONTREAL GAZETTE OFFICE, FOR THE AUTHOR, 1845. FACTS, &c, The following pa^es will give the reader some insight into the cir- cumstances which induced the Hon. William Morris, at the late Assizes for the District of Johnstown, to bring an action for libel against Malcolm Cameron, Esq., Member for the County of Lanark. This prosecution never would have been entered had the Defendant been satisfied with slandering the private character of the Plaintiff; but not content with this, he chose to represent Mr. Morris's public conduct, as an Officer of Militia during ? period of thirty years, as cowardly and faithless to his Sovereign and Country. And when Mr. M. was forced to appeal to the laws of the Province for protection against the slanderous attacks of Mr. Cameron, he pleaded the general issue, thereby denying that he was the author of the libellous publications complained of, and putting it out of Mr. Morris's power to shew, by abundant testimony at his command, how utterly untrue are all the calumnies heaped upon him by Mr. Cameron. On the eve of the general election in the year 18'28, a most slan- derous printed Address was circulated in the County of Lanark, over the signature of « James Robertson," and calculated to injure Mr. Morris's public as well as private character. The charges had no foundation in truth, but as the author was unknown, although suspected, the circum- stance had almost been forgotten when, just before the election of mem- bers for the first Parliament of the United Province, (when it was gener- ally supposed that Mr. Morris would not be a member of thr Legislative 4 Council, hilt a,a;Hin oflTer his services to the electors of liHiiaik, )''«'■''<■•'' veil the f'oiiowiiig letter from Mr. Cameron. The subjoined reply was prninptly c;iven, and almost as promptly used to persuade the Freeholders of thtit (bounty that Mr. Morris " wished him success in his election : — Pkkth, October, 1840. Dlar Sir, — In a conversation at Brockville with your brotlier James, 1 inferred that you still feel that my having (tlie) been the author of that foolish and unfortunate production signed James Robertson, without having ever acknowledged its impropriety, is a bar to that cordiality of feeling which should exist with those professing similarity of views and feelings on many subjects, I would to explain and have explained some matters since ; but feeling with him that no good would result from this, I am most anxious, as I have been for years, to bury in religious oblivion every unkind or even cold feeling ; and I feel a pleasure at once in stating to you what I have oft said to many of my friends — that at the time I wrote that piece, I had not the slightest personal feeling against you, but the contrary ; but young and vain — in the employ for four years of your opponents — more or less under their influence and flattery — and urged by two persons I need not name, to gratify the vanity they flattered, I wrote (and they printed) a production unkind, unjust, and mischievous in its ten- dency — without any cause to doubt, or intention to injure, the acknow- ledged integrity of your private or public character. Having said thus much with pleasure from my heart, I trust you will admit the causes — excuse the folly — forgive the injury — and believe that I am now above falsehood or deceit, and favour me with an expression of your respect, which I will, and would at all times have received as an evidence of my propriety cf conduct. I am sincerely, Yours ref-nectfully, M. CAMERON. The Honble. William Morris, Perth. A true copy, J. JOSEPH, C. A. rKRTH, October 7, 1840. Bkar Sir, — 1 have sincere pleasure in acknowledging the letter of explanation which you sent to me yesterday ; and I can assure you that the subject of it shall henceforth be with me as though it never had been. Wishing you prosperity and happiness, I remain, dear Sir, Yours sincerely, W. M. M. Cameron, Esquire. A true copy, J. JOSEPH, C. A. In November 1843, Mr. Morris, in debate on an Address to the Queen, in the Legislative Council, expressed himself strongly against many of the measures of the late Administration, and, among others, he objected to the appointments to the magistracy. He complained that the Government had removed a teacher of a District School to another Dis- ■"1 n my office of Trustee, hut that I would not send my letter forward until sultlcient time had elapsed to enable Mr. Kay to procure the approval of the Governor, as I had no wish to throw any obstacle in the way of his induction to the school at Cornwall — a feeling expressed by all the Trustees — and in accordance with this intention I did not forward my letter till Mr. Kay had sent off his furniture from Perth, I think about two or three weeks afterwards. The Trustees were not aware, as stiited by " J. T.," that a code of rules which they had recently adopted, had caused any " diffirvlly " to the master — they were not jnepared with tliat intention, and cannot be regarded, by any reasonable man, as offensive to any master; they were gathered, I think, from the rules in force in the Johnstown District School and in Upper Canada Colle;^e. Your obt. servant, W. MORRIS. TO THE EDITOn OF THE WEEKLY DESPATCFf. Perth, Dec. J 9th, 1843. Sir, — I beg leave to certify to the correctness of the above state- ment of the Hon. W. Morris, relative to the resignation of Mr. Kay, late teacher of the Bathursl District School, in corroboration of which I send you a copy of that gentleman's letter to the Trustees on the sub- ject, and which you will be pleased to insert along with this in your next /lumber. I am, Sir, &c. &c. MICHAEL HARRIS, Chairman, &c. &c. TO THE TRUSTEES OF THE BATHURST DISTRICT SCHOOL. Perth, 8th August, 184? Gentlemen, — I beg leave to inform you that in consequence of having received notice of my appointment to the charge of the Lantern District School, I shall resign my present situation as soon as the nomi- nation shall have been confirmed by th^ .Governor. (§ig:ned) WILLIAM KAY. I , On thi: lull oUiiniiary, IHll, anothor tilmsivi' artirlr, .si^^nnl (). I». Q., appoiircd in the Uatluirst Courier, in wliicli tlic ik knowlt'il'^cd false liuods written by M. Cameron, in IHiH, ami upoloi^lsed lor in his letter ol Oct., IH-U), were ai^ain l)y liini brouj^lit U'^ainst Mr. Morris, « • • • with the aihlition of others newly roined at the Hauie productive mini. The principal of these accusations are: — 1st. That Mr. Morris was jfuilty of " cowardice *' and "caution," as u Militia Olllcer in the last Ameriraii War. 2nd. That hu stood with iMins folded at the commencoinent of the late Keheilion. Urd. That he i)revente(l the loyal Perth Volunteers from rushing to the Frontier with Capt. Fraser. 1th. That he dishelieved Capt. Fraser's despatches, and so j)revented hs-! (Mr. Morris's) l{eu;iment from l)ein>( at the battle of the Windmill. .'ith. That he injured tlu; peoph; by procuring a jj;rant of a public Island at I'erth, for the Tay Navi>j;ati()ii Company. Hth. That he injured Mr. nafj>j;ait respectinuf the said Island. 7th. 'J'hal he defrauded the congregation of St. Andrew's Church, Perth, by erasini^ his subscription, &c. The following document.? will, it is believed, place beyond all doubt the true character of the infamous attempts to injure Mr. IMorris's good name, and to cast a stain on his reputation and services as a faithful servant of the Crown. His exertions during the late war as a Volunteer on actual duty for nearly two years, he has always looked back to with feelings of pride and satisfaction ; and there are still a few gallant men living who served under liim and shared the dangers of engagements with the enemy, who were ready to enter the witness box and repel the; foul calumny attempted to be cast upon him. Hut the Defendant took care, by his pleadings, to deprive Mr. Morris of this and every other means in his power to disprove the wicked charges brought against him. Audit is for this reason that the reader has placed before him some of the evi- dence that was intended for the trial at Brockville. And now as to the first accusation : — On the 2nd of July, 1812, Mr. M. left a lucrative business and vol- unteered for permanent duty as Knsign in a Fiank Company, 1st Regt. of Leeds Militia, undertook the organization and drilling of the company, and commanded it during the tirst canijiaign. In less than a month afterwards, was on board of the armed brig *' Earle Moira," when she attacked the American schooner "Julia," mounting a Ion? thirty-two pounder, which was fired witn great precision. In September following, volunteered to command a party of the Leeds Militia in an attack on the American Fort at O^densburgh. The boat he commanded was in front, and the only one naving Militia on board that sustained injury. One man killed and three wounded at his side : was the last boat to retreat. Alpheus Jones, Esq., of Prescott, John Kilborne, Esq., of North Crosby, an^ Thomas Purvis, Esquire, of Yonge, were with him as volunteers. On the 23nd of February, 1813, was with the 2nd Company that entered Ogdensburgh when the garrison was captured, and is the indi- ■^ 8 vulual w.lio was selected by the Commanding Oilicer to take possession ol'the old Frencli Fort " Oswegatche." John Kilborne, Esquire, of the Istlimus, was the Sergeant he chose I'cr that duty. Newbouough, Riueau Canal, 14th May, 1845. Dkar Sir, — In reply to your letter of the 9th instant, requesting me to state what I recollect of your services during the war with the United States, I oeg to say, it was under your command that a number of young men, about tifty I think, of whom I was one, volunteered in 181*2, and marched to Prescott, for the purpose uf aiding in the attack on the Garrison of Ogdensburgh. The boat you commanded was one of the hrst under five, and the last out of danger. We were struck by a cannon shot fr^m the enemy, which killed one of your men and wounded several others. J was standing near you at the moment we were struck ; and to this day, I recollect distinctly your cool and soldierlike conduct, which, on many occasions, I have spoken of since. In February, 1813, you were also engaged in the capture of Og- densburgh, and after the town had fallen into our hands, you were the Officer selected by Col. M'Donald to take possession of their strong hold — the old French Fort on the opposite side of the Oswegatchie river. I was then a Sergeant, and accompanied you in that duty, which was per- formed to the entire satisfaction of the Commanding Oificer. I was greatly surprised to hear that accusations of cowardice had been preferred against you, — charges which are without the slightest foundation in truth : yofir conduct during the war was marked by the greatest zeal, and your behaviour in action was cool and intrepid. It is known to all the old inhabitants of Brockville, that you were the most efficient Militia Officer in the County at the period to which I allude, and your slanderers have been most unfortunate (as I am sure they would be in any other averment they might make derogatory to your character) in casting a doubt on your courage. I remain. Dear Sir, Yours truly, JOHN KILBORNE, Major 2d Leeds Militia. Hon. Wm. Morris, &c. &c. &c.., Montreal. Prescott, May 13th, 1845. Mv DfAR Sir, — I have your note of the 9th instant, and should have replied sooner, only that I intended to have visited Montreal ere this. As a friend, and a very old acquaintance, I am extremely sorry that you should have treated the charge of cowardice with the attention you have, for you are so well known that the imputation did, and will, recoil on the propagater of it. I recollect perfectly well the attack on Ogdensburgh, urder Colonel Leathbridge, (I think in 1812,) you were th^n on duty as an Officer of the 1st Regiment of the Leeds Militia, and were put in charge of a bat- teau,^with some twenty-five or thirty men ; and aoout the time the ex- pedition was leaving this shore, I met you in the street of this place : you invited me to join in the attack with my old associates I did so, but unfortunately, after passing about three fourths of the Hver on our way to (/gd'iisburgh, (above the Battery on the point,) we were ordered to te'i vyn our oars, and floated down the rive*- with the current. When i) opposite the Battery at the point, the s»uns opened upon us. I think our i)oat was in advance of all the rest; the round and grape shot passing over and on each side of us, constantly, until we floated down out of tlie rant^e, — previou.dy to which, the only shot that did the expedition any daina<^e hrst passed through our boat, killing one nan and wounding others ; then passing into a boat manned by some of the Royal Newfound- land, and killing one or two men. Soon after this, a retreat was soundeil^ and we returned to our own shore, v ithout having accomplished the ob- ject of the expedition. Your conduct on the occasion was perfectly cool and collected, such as would be shown by any brave and loyal subject, in the service of his Queen and country. In fart, you were the coolest and most collected among us, although, I am happy to say, none showed the white feather . Yours very sincerely, A. JONES. The Hon. Wm. Morris, Montreal. Lower Canada a peaceful, obcdiont, aiul contented race, tliat never would harbour a disloyal feeling were they not deceived and imposed on by men who entertain the most rancorous hatred of every thing British. Well may we now believe that tiio romoval of every grievance, real or pretended, about which they so loudly clamoured, could never pacify these unhappy men, for at the very moment when the administration is so modified that it may be said to be entirely in their own hands, they raise the arm of rebellion against their lawful Sovereign, and endeavour to deluge this peaceful and happy country with the blood of their fellow subjects. Under these distressing circumstances, are we to look on with unconcern, and suffer the call of our Countrymen for help, in this trying moment, to assail our ears in vain ? 1 hope not : our duty as loyal sub- jects, our affection for the land of our birth as well as for that of our adoption, our veneration of that Constitution which has dispensed the blessings of civil and religious freedom to millions of the human family, and which I devoutly believe is calculated, more than any other system of government yet discovered, to confer substantial benefits to mankind, call on us in a particular manner to stand forward in opposition to all treasonable conspiracies against the Crown and laws ; and it is not enough that we stay at home determined to put down every attempt which shall be made among ourselves for any such unreasonable and diabolical object, for you all feel and know that there is no danger here ; but should we supinely look on when war is waging si near us, against every civil right dear to oi"" earliest recollections, wc cannot tell how soon we shall have to endure the sufferings of resistance to a powerful rebellious force. It may be too late then to say " why was it not put down at first," — our smoking ruins and plundered property would indeed accuse and condemn us, but to what end ? not, perhaps, to the restoration of our present happy condition, but to the continuance of trial and distress, such as is now felt by the people of Texas, persecuted, oppressed, and pillaged, as we would be, by bands of lawless adventurers who would flock hither, should the arm of rebellion, even for a time, prove successful. Self interest, then, would dictate to us a speedy movement to the scene of revolt to aid in crushing the unnatural attempt, — but I know that a higher motive will influence your conduct. Cradled in the lap of British freedom, you will never allow the lawless rebel towage war on your ground without an in- , slant, united, energetic declaration to support the Government and laws. Be prepared then at a minute's warning, all you who are young and able to endure fatigue, to march for Lower Canada; a month of hardship now may free us of years of suffering hereafter. I call on you, then, to rally round the standard of our country, and if required, march instantly to meet every foe to that Country, whether within our own Province or in the adjoining Colony. Your attachment to the Mother Country, and lasting connexion with her, are too dear to your bosoms to be bartered away for every Utopian form of Government proposed by designing men : never let it be said that the good people of this District are wanting in sound ht .rts and strong arms to defend the cause of freedom. Be therefore ready for any order you may receive, and in the mean time, let us give three hearty cheers for the Queen and Constitution. Let those who are dissatisfied with our form of Govern- ment, remove to a neighbouring Country, and enjoy the sweets of repub- lican institutions — we will not envy their possession of the utmost happi- ness they can hope for ; but let them not attempt to take from us our dearest birthright, for if they do, we pledge every thing we hold sacred ,to. teach, them a lesson they will not soon forget. B . 'I: 1» The Resolutions I propose, embody my own sentiments, and if they meet with your approbation, I shall be satisfied. But if any person is .prepared with others more suitable, I do not wish mine to be preferred. The resolutions were carried unanimously, which are as follow : — 1st. Resolved, — That we view with alarm and abhorance the treasonable attempt of misguided and disloyal men to subvert the Go- vernment of Lower Canada, and thereby involve the people In rebellion and bloodshed. — Carried. 2d. Resolved, — That any such attempt must inevitably disturb the peace and safety of Upper Canada, and may lead to the same deplorable results which the infatuated promoters of discord in the sister colony are aiming to accomplish. — Carried. 3rd. Resolved, — That it is our duty as loyal subjects of the Govern- ment of Great Britian and Ireland, to use all lawful means to check any and every attempt to destroy the Constitution under which it is our hap- piness to live ; and by every endeavour to promote a lasting connexion with the parent state. — Carried. 4th. Resolved,-That, with these views and for the attainment of these objects, we hereby solemnly pledge ourselves to stand forward in defence of the Government, and, if need be, to march to Lower Canada, to sup- press revolt. — Carried. 5th. Resolved, — That a copy of these resolutions be transmitted to His Excellency the Lieutenant-Governor of this Province, and also to His Excellency Sir John Colborne, the Commander of the Forces. — Carried. Government House, Toronto, 15th December, 1837. Sir, — 1 am commanded by His Excellency the Lieutenant-Governor, to acknowledge the receipt of a copy of certain Resolutions passed at a public meeting of the inhabitants of Perth, at which you presided, and I am directed by His Excellency, to assure you of the high gratification he has received from the perusal of the loyal and patriotic sentiments which those Resolutions express. I have the honour to be. Sir, Your most obedient humble Servant, J. JOSEPH. The Hon. William Morris. Chairman. (From the Bathurst Courier.) Perth, December 16, 1837. On Tuesday last, the inhabitants of this town assembled at the Court House in consequence of a notice sent round by the Magistrates. The Hon. W. Morris havin» been called to the cha..i-, he explained the object of the meeting, \rhich was to form a volunteer corps to do duty in the town, and to mount a nightly guard during the continuance of the present disturbances. He informed the meeting that rebellion had broken out in the Province, and made another strong appeal to the loyalty of the people of this part of the country, and said he did not propose the present precautionary measures from any alarm he felt that disaffection would shew itself in the District of Bathurst, but merely that the inhabitants mi^ht be organised and drilled, thereby preparing for any emergency which might happen ; and as to the guard which it was proposed to es- tablish, he. thought no one could but approve of the measure, for the evil .disposed in other parts of the country may take it into their heads to sen^ i 19 emissaries into this^ peaceful population, and if so, the night, when all the' people were fast asleep, would in all likelihood be the time for such evil purposes — therefore the necessity of watching their movements. Nothing could exceed the animation and unanimity of the meeting ; nearly one hundred persons enrolled their names on the spot, and the Magistrates requested Capt. Fraser, Lieut. Ilaggart, and Ensign John Bell, to under- take the charge of tiie corps. Captain Fraser commences drilling them immt'diately, and the guard is already established. In consequence of the exceeding numbers of the volunteers, ; Iditional subalterns have been attached to the body. We understand that Col. Morris has ordered the 2d Lanark Militia to parade to-morrow, and has also directed the Cap- tains to a isemble their companies for drill once a week till further orders. The 1st Lanark Militia, under the command of Col. M'Millan, will be out again on Monday or Tuesday. — " Let them come if they dare.^* On Monday, the 2nd Regt. of Lanark Militia assembled in two' divisions as notified in our last number, the right wing at this place under the command of Colonel W. Morris, and the left at Lanark under Lieut.- Colonel Matheson. Nothing could testify more strongly, that the res- pectable men who compose that corps are ready and determined to do their duty, than the cheerful countenances of all. But when informed that two fifths of the whole body were then to be selected to be ready for active service if wanted, as fine a body of young men volunteered their service as can be found in any country. We learn that at Lanark the same enthusiasm prevailed, and that their worthy Lieutenant-Colonel ran some risk of offending the married men by calling on the single men only. A sight of these loyal people we strongly recommend to all who labour under a disease called Hebellion I 2nd REGIMENT LANARK MILITIA. Perth, 9th January, 1838. R. O., — Captains or officers commanding companies will immedi- ataly select five men from each tjompany, volunteers, to be embodied with other detachments into a corpsy^ to serve in any part of the Province for the term of four months, agreeably to the militia general order. These volunteers to receive eight dollars per month and rations, and to provide themselves with a musket or fowling-piece. The men are recommended to bring two flannel shirts and other necessary clothing with them, and to arrive in Perth on Friday, 12th instant. W. MORRIS, Lieutenant-Colonel commanding. To William Matheson, Capt. and Adjutant 2 L. M. Copy. Perth, 2nd November, 1838. Sir, — The prevailing reports of an intended invasion of this province by bands of lawless villains on the American frontier force me to feel how utterly defenceless is the condition of the inhabitants of this neighbourhood, destitute as they are of arms and ammunition, should their services be required on any sudden emergency. I have several times within the past ten months brought this fact under the notice of the government, but, as it would seem, without attracting the slightest attention to the circumstance. I again feel it my duty to mention how very important I consider the arming of a portion of the militia of this county, in case of any dis- li ; -1 ! I \ •f ! tiirbance on the St. Lawrence ; and to state my liope that at least two hundred stand of arms, with a suitable quantity of ball cartridt^es, will soon be forwarded to me for the use of iny regiment, in case of necessity. I would not recommend that the arms be distribute il at present, but be deposited in the gaol here for safe keeping. May I request that you will be pleased to lay this matter before his E.xcellency the Commander of the Forces ? 1 have the honor to be, Sir, &c., &c., W. MORRIS, Commanding 'ind Lanark. To Col. Young, Inspecting Field Officer, Prescott. Pkrth, 9th November, 1838. To the Inhabitants of the Townships of Drummond, Lanark, Darling, Dalhousie, Bathurst, and North and South Sherbrooke, comprising the 1st and 2nd Regiments of Lanark Militia. Fellow Subjects and Neighbouks, — We feel it our duty to apprize you that another attempt to invade these provinces is about oeing made by numerous bands of lawless citizens of the United States, associated with disaffected persons who have left this country. The chief object of those who thus menace the peace and security of the unoffending inhabitants of Upper Canada is plunder. No man's property will be safe. Rapine and bloodshed will mark the progress of those diabolical disturbers of our quiet homes. The destruction and subversion of our government and constitution, however dear to us, are only accom- paniaments of the main object of the wicked banditti whose intention is to seize the property of every loyal man as a reward to this horde of pirates. If we are true to ourselves, they can do us no harm. The re- sistance of an indignant, injured people will soon drive them from our soil. Be ready then to march to the frontier at a moment's notice, should your Captains receive orders for that purpose. Put your affairs in such a state of arrangement" that no delay can take place when you receive the call, — and let our movement be cheerful, prompt, and de- termined ; with such feelings animating a loyal people, the period of service can be but a few days, for the invaders of our soil cannot main- tain a cause so unrighteous. • W. MORRIS, Col. commanding 2nd Lanark Regt. ALEX. M'MILLAN, Col. commanding 1st Lanark Regt. Government House, Toronto, 22nd November, 1838. Sir, — I have laid before His Excellency the Lieutenant-Governor, the patriotic ajppeal which, in conjunction with Col. M'Millan, you have addressed to the 1st and 2nd Regiments of Lanark Militia, and I am commanded by His Excellency to convey to you his cordial approbation of so seasonable and stirrinnr a document. I have the honor to be, Sir, Your most obedient humble servant, M. MACAULAY. Colonel the Hon. W. Morris, Commanding 2nd Lanark Regiment, Perth. 15 ~ Perth, 7tli iNovcmber, 1838. Sir, — I have this moment lienrd that we are on the eve of another convulsion, and that the Militia of Glengary and Leeds are ordered out. If you have occasion to take the field in this Province, it has occurred to me that my services in your presence might have a beneficial influence, on many of the Militiamen during the coming contest, and be of more advantage to our cause than my personal exertions could be with the Militia of this county, where so many active officers are to be found. If you think 1 can be of any use to you in the event of your coming to Upper Canada, you have only to signify a wish and I will instantly re- pair to your head quarters. I remain, with great respect. Sir, Your devoted humble servant. To His Excellency Sir John Colborne, K.C.B., &c. &c. &c. W. M. re- our >tice, irs in you de- I of ain- : s Montreal, 14th Nov., 1838. My Dear Sir, — I am directed by His Excellency Sir John Col- borne, to acquaint you, in reply to your letter of the 7th instant, that should His Excellency have occasion to take the field in Upper Canada he will be happy to avail himself of your services. Believe me, my dear Sir, Very faithfully yours, WM. ROWAN The Hon. W. Morris, &c.&c. &c. Head Quarters, Perth, 12th Nov., 1838. Sir, — I am commanded by His Excellency the Lieutenant-Governor, to hold the 2nd Lanark Militia in readiness for active service to repel a threatened invasion from the American Frontier. You will therefore take immediate steps to inform the Militia under your command, of the probability of their being called from home in a very few days, and to be ready to march at a moment's notice. You will consult with the other officers of your company and agree upon some convenient place within its bounds for the men to assemble at. All must be ready in case of necessity, but should orders be received for the services of a part only of the regiment, y ju will forthwith, upon receipt of this, assemble all the men who are not above fifty years of age, and ballot of the number, to be in readiness t'> repair to the place of muster the moment you give them warning. Explain to your company that if the whole body is called out, they must assemble at once at the place agreed on. If only those who are drafted be required, they will do the same. If any man who is balloted should oflTer an able-bodied substitute, you will take him. And that the most perfect satisfaction may prevail as to the fairness of the ballot, I request that you will call the assistance of two intelligent Ser- geants to manage the balloting with you. I have the honor to be, i Sir, Your obedient servant, W. MORRIS, « Col. Com. 2nd Lanark. To Captain . , ' 16 The third charge is answered by the copies of letters and other documents subjoined : — 13th November, 1838. 1 o'clocic, P.M. My Dear William,— Send forward aU your men. Severe work at Prescott. Yours, JA. MORRIS. To the Hon. W. Morris, Perth. Head Quarters, Perth^ Quarters, Perth^ ) ». , . . . 13th November, 1838. j Midnight. A detachment of the 2nd Lanark Militia, will immediately assemble at Perth, to consist of the following, viz : — Captain J. Richey, Lieut. M'Nicer, Ensign Bright, three Sergean^s^ and forty-Ave rank and file, to be selected in equal proportions from the companies of Captains Glass, Leleivre, Richey, J. Ferguson, and Gould. It is expected they will be here to-morrow. Also, another detachment under the command of Capt. Leech,with L. Muirhead and Ensign M'Laren, with three Sergeants and forty-five rank and file, in eqi'al proportions from the companies of Captains Leech, A. Ferguson, Tenant, Murdock, and Fraser. This detachment is expected to be here on the following day (Thursday). Nine men from each Company, besides Serjeants, to be marched to Perth by an officer of each company. , The men will bring what clothing they think necessary to cari'y them to Brockville. W. MORRIS, Col. Com. 2nd Lanark. Head Quarters, Perth, 14th November, 1838. MILITIA GENERAL ORDER FOR THE COUNTY OF LANARK. Lieutenant-Colonel Fraser, Commanding the 3rd Lanark Militia, wilt forwith call out one Captain, one Lieutenant, one Ensign, four Ser- Seanfs, and seventy-five rank and file, of his regiment to proceed ta' rockville without delay. Due care must be taken to select men fit for duty, and, as nearly as possible, an equal number from each company in proportion to its strength. The detachment will halt at Perth for rations, or in the event of the men bringing provisions with them for the march, to receive the sum of Is cy. for each day's ration. W. MORRIS, Col. Com. 2ad Lanark Militia. Brockville, 16th November, 1838. Sir, — In obedience to the 33rd clause of the Militia Act, I beg leave to report, for the information of his Excellency the Lieutenant>- Govemor, that, on Tuesday night last, I received a despatch at Perth from Lieutenant-Colonel Morris, commanding the militia at this place, informing me th.it a band of pirates had taken' possession of a strong position about three-quarters of a mile below Prescott, and that forces were required to repel the marauders. Colonel M'Millan and myself lost no time in making arrangements to raise upwards of two hundred 3 17 i men from the 1st and '2nd Lanark, by sending officers (hroui^h the nearest townships to warn the men. On Wednesday morning I issued an order to Lieutenant-Colonel Fraser, directing him to furnish one Captain, one Leutenant, one Ensign, four Sergeants, and seventy-five rank and Ale from the 3rd Lanark ; and on the afternoon of that day the militiamen of the former regiments reached Perth, and preparations were made to march the first division yesterday morning. I accordingly set out in command before daylight, having ordered the detachment to move forward in the course of an hour afterwards. I had not proceeded many miles before i met a dragoon with a despatch, informing me that the militiamen from those regiments were not wanted, as a strong force of regiilar troops had passed down from Kingston, and as a greater number of militiamen had assembled at this frontier than could be furnished with arms. I therefore directed the dragoon to deliver the despatch to Colonel McMillan at Perth, in order that the movement of the several divisions might be stopped, and I continued my route hither, and arrived late last night. 1 found the mhabitants here in a great st<<.te of alarm, and joined them under arms at the Court-house -during a great part of the night, being the third alarm ihey had had this week — about two hundre ' militiamen doing duty here, but without sentry boxes or great coats for the men on guard, and the heavy rain of last night rendered their arms quite useless. The back country is in a deplorably defenceless condition — only fifty old muskets in the county of Lanark, although I have brought this subject before the Government and the Commander of the Forces four times during the past twelve months. Should the present attempt of the reblls prove even partially successful, a small force might prevent the loyal people in the rear from coming out in support of the Government. I have the honor to be, Sir, Your obedient servant, W. MORRIS, Colonel commanding 2nd Lanark Militia. To the Adjutant-General, Toronto. ^■i 2nd regiment of LANARK MILITIA. Head Quarters, Perth, 22nd November, 1838. REGIMENTAL ORDERS. Captains of companies will immediately give in a list of the names of the militiamen bsdloted from their respective companies under the regimental order of the 12th instant. A list of the names of all militiamen who were warned to repair to Perth for the purpose of being marched to Brockville under the order of the 13th instant, is also to be furnished to the Adjutant forthwith, which list must designate those who refused or neglected to do their duty on this occasion. W. MORRIS, Colonel commanding 2nd Lanark Militia. Perth, 10th December, 1838. ^ Sir, — Should the state of the country require the services of a .portion of the Lanark Militia, whether for the purpose of relieving the IS L(»pSR. The Captains of several of the companies of this regiment having reported to me that a number of their men disobeyed or neglected the Regimental Orders of the last month ; and it is incumbent on me, and due to those militiamen who willingly perform their duty, that all such should be punished as the 17th Clause of the Militia Law directs. I therefore, hereby order that a Regimental Court Martial, to be composed of Captain Alexander Ferguson, President, Lieutenants Thomas Ircton and Arch. Young, and Ensigns Jno. Hall and Thomas Codd, do assemble at Lanark, on Tuesday, the 2nd day of January next, for the trial of any Non-Commissioned officer or private militiaman, of the Lanark division, for any oflfence or neglect of duty as aforesaid. And also, that another Regimental Court Martial, to be composed of Captain Henry Glass, President, Lieutenants Alexander Montgomery and Sutton Froull, and Ensigns John Yeldon and Thomas M'GafTrey, shall assemble at Peith, on the same day, for the trial of any militiamen for the same offences, who may belong to the Drummond Division. Captains, or other officers commanding companies, shall cause a notice in writing to be served on any Non-Commissioned officer or private militiaman belonging to the company under his command against whom he intends preferring a complaint of neglect of duty or misconduct, which notice shall be served at least eight days before the meeting of the said Courts, and shall be in the form prescribed in the 20th Clause of the Act. This order shall be entered in the orderly book of each company. Perth, 26th December, ., 1838. TO HIS EXCELLENCY SIR GEORGE ARTHUR, &C. &C. &C. Sir, — I endeavoured last January, to impress on the mind of the Adjutant-General, the inefficient state in which the 3rd Lanark Militia had been for several years, and the public importance of its bef^ter organi- zation. Having failed to draw his attention to that and some other Militia matteis, I now most respectfully approach Your Exce;llency, in the hope that something may speedily be (lone to place the 3rd Lanark in such a condition as will render the services of the loyal and respect- able inhabitants of the Townships of Beckwith and Ramsay available. And far various reasons connected with the present appointments to that corps, I would recommend that it be divided into two regiments, forming a new one of Ramsay, and leaving the 3rd Regiment to embrace Beck- with alone. It is always important to secure the services of influential resident officers, and aHhough ftamsay has a population of 2,200 souls, motr thtin 600 of whom are liable to do militia duty, it'hasonly three militia ,.» m$ 19 •fficers within its bounds, all subaltorns, and noi penons of any note. The individuals whose namps I submit to officer a new regiment to be formed in Ramsay, should Your Excellency approve of the plan, are all, except the Major, residents of the Township, and among the most res- pectable and suitable that can be found, and although he is not exactly an inhabitant of Ramsay, he lives within a few yards of the Boundary Line. Lieut. -Col. James Wylie, Esq., formerlv Captain of Local Militia, Scotland. Major Robert B^ll, gentleman merchant, at Carlton Place. Captains (1) William Wylie, gentleman, merchant, Ramsay ; (2) Alexander Sneddon, gentleman, merchant and miller, Ramsay ; (3) John Donahue, Lieut, from 3rd Lanark ; (4) William Wilson, gentleman, farmer; (5) Thomas Mansell,do. farmer and mill owner ; (6) William Baird, do. merchant ; (7) John Gemmill, do. farmer ; (8) Andrew Toi- hack, do. do. Lieutenants (1) Peter Young, gentleman, farmer; (3) William Lambie, do. do. ; (3) Andrew Patterson, do. do. ; (4) Robert Wilkie, do. do, ; (5) John Scott, do. carriage maker ; (6) John Robertson, do. farmer ; (7) William Camron, Junr., do. do. ; (8) Albert Tusky, do. do. Ensigns (1) John Neilson, Junr., farmer ; (2) John Patterson, gent., master blacksmith ; (3) Alexander Ferguson, do. farmer ; (4) John Dun- can, do. timber merchant ; (5) John Anderson, do. farmer ; (6) Jamei Wallace, do. do.; (7) James Rae, do. do.; (8) James Wilkie, Junr., do. do. Adjutant, with rank of Captain, David Campbell, from 3rd Lanark. Quarter-Master, James Stewart, gentleman farmer. Surgeon, William Camron, Surgeon, R. N. 0fl ''■■ji: M The fourth slander is, that Mr. Morris disbelieved Captain Fraser's despatches, &c. Read the following : — Perth, Canada West, 6th May, 1845. Dear Sir, — Owing to the circumstances of my not having; been called upon to give evidence at the late trial at Brockville, in your case against Cameron, I have not been afforded an opportunity of publicly re- futing the allusions made, with respect to the part that you had t-ik- n. upon the occasion of the brigands from the Uniteil S'ates havin;^ h'mi'd in the neighbourhood of Prescott, in the year 1838. I avail myself of the present opportunity of making the follovlng observations on that head : — One part of the libel, published in the Bathurst Courier of the 9th January, 1844, in speaking of you, states as follows : — « Nor do I think it was cowardice wnich kept him with his arms folded at the commence- ment of the late Rebellion, and caused him to prevent the Loyal Perth Volunteers from rushing to the Frontier, with the gallant Captain Fraser, who had himself and his four sons raised their company ; here again his caution made him disbelieve Mr. Eraser's despatches, and thought it better to wait, so his regiment missed being at the battle of Prescott." I shall here briefly state what actually did take place at the moment alluded to :— Late on the evening of the 13th November, I received a communi- cation from Colonel Gowan, commanding at Brockville, acquainting me. with the enemy's.having landed, and requesting my aid. with such men c 20 Hb I rould prucure, with n view to expnl the intruders. Upon receiving Colonol (lowun's letter, I lost no time in waitjnK upon the Moii. Colonel Uraham, and to whom I handed the coinmunicution. lie left me immedi- ately, with the intention of calling; uoon you ; he soon returned and in- formed me, that you had at once ornereu out the Militia. Karly on the followini; morning, I was prepared to march with a Htron^ party, hut was prevented, owin^ to the interference of my commanding officer, i consequently resigned my Commission. In justice to you, however, I must here state, that I had no com- munication whatever with you, either directly or indirectly, upon that occasion, nor have [ any recollection of ever seeing you at the time : the fact of your not being my commanding officer, rendered a personal interview unnecessary and uncalled for, and therefore you could have no control over my proceedings. I feel it now to be my duty as a soldier, to come forward openly, and thus give a direct and flat contradiction to the statement allutfed to, as being wholly unfounded in truth, and not in the least degree applicable toyou ; and I would here conclude by adding, that I equally despise the affected compliment passed upon myself in the foregoing extract, as I do the vindictive and uncharitable spirit that dictated tne whole publication, and influenced the pen of a base slanderer in endeavouring to rob an honorable gentleman of his fair fame. I am, dear Sir, ,. ,; i , Your's, very sincerely, A. FRASER, Lieutenant-Colonel, Commanding 3rd Regt. Lanark Militia. The Hon. Col. William Morris, Receiver General, &c. &c. &c., Montreal. Perth, 6th May, 1845. Sir, — At your request, I beg to state to you my knowledge respect- ing your exertions in inciting the people of the Bathurst District to their duty during the Rebellion of 1837 and 1838, and to which they res- ponded. I h.'^ve much satisfaction in bearing testimony to your invaluaole exertions on that occasion. At the commencement of the Rebellion of 1837, no person could be more active than you were in urging on the people of the District the necessity that existed for prompt and ready obedience. You endeavoured by your example, your writings* and your addresses at public meetings, to infuse salutary confidence in their mind» at the time ; in short, no ofncer could be more zealous and eflfective than you were, until called to Toronto to attend to your Legislative duties. I am also well acquainted with your exertions in calling out the Militia in the fall of 1838, having acted in concert with you in all that was done on that occasion, and I am well aware that there is not the slightest foundation for the accusation of neglect or apathy brought against you by the writer of the letter signed O. P. Q., which wm pub- lished in the Bathurst Courier of the 9th January, 1844. Ini—^^yne were jointly so anxious to get the Lanark Militia to the front on ^t oc- casion, that we advanced a considerable sum of money to furnish provi- sions, &c., in order that they might not be delayed at Perth when they assembled there on their way. On or about the 13th November, 1838, between eight aivd nine o'clock at night, I learned that the brigands from the SouUi side of the St. Lawrence had eifected a landing, and had taken possession of the n Wiiidiiiill, hclow I'rosi'ott. A« you \ .-rt' th > Si-riior Colonel of Militia in llic County, i went iinnicdiiitcly to I'crt'. i > consult witli you as to what wail best to hi* done : w« came tr iIk* rout^liiNion to send IiOO men to the front, with a due complenrjent ol'olficerri, "iz., 100 men from each of the three I^anark Uei^inientii. It was near twelve o'clock at nit^ht hefore we u:ot our arranifements completed, and our orders written to the dif- ferent Captains of companies. On my way home, I called on Lieutenant Donald Praser, and roused him out of bed, and although a very cold and stormy nii^ht, I j^ave him my own horse and despatched liin: on the route (o Dalhousie, with orders to the several Captains of i4ilitia to bring in their respective quota of men as soon as possible. I called on you a^ain next morning, when you observed that a Field-Oificer r.hould accompany the men, with which I agreed ; and after a short conversation on the subject, you claimed it m your right to ac- company the detachment, as you were the Senior-Officer. It was then agreed between us, that you should proceed in advance, and make pre- parations for the reception of the men, and that I should parade the de- tachment and march them off under the command of Cantain Powell. While on parade the next morning, about eight o'clock, preparatory to marching them off, an express Dragoon arrived from Brockville, and handed me a letter, addressed to you, (which you had previously re- ceived on the road and opened, and had ordered on the Dragoon to de- liver it to me) ; that letter contained an order to you not to send the Lanark Militia to the front, as there were more men about Prescott already than could be supplied with arms. On receiving this order, I, of course, dismissed the men, and allowed them to go to their homes. I am, Sir, Your most obedient servant, ALEX. M'MILLAN, C.J., Colonel 1st Regiment Lanark Militia. Colonel the Hon. W. Morris, Montreal. And now for " the public Island and the injured Naggart." Reader, peruse the following papers, and you will find that the maligner of Mr. Morris did actually sign a petition to the Government, praying that the same Island might be granted to individuals " for the improvement of the town of Perth," reserving only one acre for a market place, whereas the Tay Navigation Company's arrangements set apart an acre an a half for that purpose, and for improvements far surpassing in importance to the town any other that covldbe devNed : — (Exi, T) 25th July, 1831. And it is the prayer of your petitioners, that all the land on the South West side of the said highway, except such portions as Your Excellency has been graciously pleased to grant licences of occupation for before this time, and also tul the land below the said highway not immediately required for the canal or basin, or granted heretofore by Your Ex- cellency, be surveyed and laid out in naif-quarter acre lots, except one acre in the centre, where the Market House stands, for a Fair and Market Place, and that the said half quarter acre lots be sold to the highest bid- der, payable in instalments or in any other way Your Excellency may deem most proper, and your petitioners, aware that this will produce a 22 large fund, most humbly pray that Your Excellency may order said fund to be placed in the hands of Directors, and expended as they may see fit for the improvement of the town of Perth ; and your Petitioner, ^ic. (Signed) Messrs. Thom, Messrs. Graham, Taylor, M. Camkrok, Sache, W. & J. Bell, Watson, W. Bell. J. Stewart. • Copy. Executive Council Chamber at York, TuKSDAY, 10th January, 1832. present : The Honorable James Baby, Presiding Councillor. « Peter Robinson, <* George H. Markland. • ** Joseph Wells. To His Excellency Sir John Colborne, K.C.B., Lieutenant-Governor of the Province of Upper Canada, and Major-General Commanding His iVIajesty's Forces therein, &c. &c. c. May it Please Your Excellency: The Council have had under consideration, the application of Wm. Morris, Esquire, President of the Tay Navigation Company, and find that Cockburn Island, from its situation, is not likely to be of any parti- cular value, except for the purposes named in the said application, and considering the spirited exertions that have been made, and are still making, to render the Tay navigable, with the difficulties in performing so important a work, they feel dispos-id to recommend the prayer of the petition, so far as it can be done without interfering with the rights of others. The Council have ascertained that a person, named William Tully, professes to have a claim to a portion of said Island, also that Josias Tay- lor, Esquire, and George Buchanan, have licences of occupation for other parts of it, besides which a Market Plaee has been erected thereon by authority. With respttt to the claim of Tully, and the portion oc- cupied for a Market Plact^, it is recommended that they should be ex- cepted from any grant to be made to the said Company. As regards Mr. Taylor'a licence, he having acceded to a proposition of the Com- pany, and being willing to relinquish to them in part, the Council see no objection to his portion being conveyed, leaving the arrangement with the parties. As it has been shewn that the .licence of occupation of Buchanan was obtained by .<. false representation, designed to mislead the Council, it is recommended that his "Jaim should be cancelled altogether unless he should make it appear that the allegations are untrue, in which case such proportion may be assigned to him as Your Excellercy in Council may deem most consistent with his claim and the public interest. With the ahove exceptions, it is therefore recommended, that the remaining portion of Cockburn Island be conveyed to the President, Di- rectors, and Company of the Tay Navigation Company, ia trust for the uses and benefit of said Company. All which, is respectfully submitted. ^0im (Signed) J. BABY, P. C. A tnie copy. John Beikis, Assisting. 23 . . , .. V .. Perth, 21st December, 1833. TO THF STOCKHOLDERS OF THE TAY NAVIGATION COMPANY. The Directors of the Tay Navigation Companv, in laying this report before the Stockholders, think jjroper to explain that although they did not communicate the progress of the works at the close of the year 1832, they nevertheless felt much anxiety to gratify those whose means had enabled the Company to commence operations ; but the unfavorable na- ture of the weather during that season and the swollen state of the river, together with the prevailing sickness, prevented the Directors from pro- secuting the wc-k as they contemplated when they made their report at the close of the year 1831. Now, however, after the close of another season, the Directors have much pleasure in bringing tl: e subject under the notice of the Stockholders, and in announcing to them the entire completion of the works from the Rideau Lake to the town of Perth, with the cxv eption of the hanging of one pair of Lock Gates, so that at the opening of the Spring the navigation will be in perfect readiness for all the commercial purposes of that section of the Province,and as the seve- ral parts of the work have been executed in the most substantial manner, there cannot exist a doubt but that the ensuing year will test the advan- tages to be derived by the public from the improvement of the navigation of the River Tay, and also the return which the Stockholders may ex- pect to derive from the funds which they so liberally contributed in aid of an undertaking which confers the benefits of a water communication with a populous part of the Province hitherto rendered almost inaccessible by the bad quality of the principal roads. At an early period of the undertaking it was thought by the Engi- neer, Mr. Jackson, that four dams, and an equal number of locks would be found sufficient to surmount the obstacles in the navigation, but after the completion of lock No. 3, it was ascertained that the necessary height to raise the water to the head of M'Vitie's rapid, would cause much damage to private property by the overflowinr, of a considerable quantity of land, which induced the Directors to lower this level and construct one lock more than was originally intended. This extra expenditure, altogether unforeseen by the Company, induced the Directors to build this lock of timber, but they have every reason to hope that the quality of the workmanship and materials will ensure its duration for many years. It remains now for the Directors to explain the nature and extent of the several parts of the work which the Stockholders entrusted them with the management of, and in doing so, it is respectfully hoped that if in bringing the undertaking to a close, the period of time has extended to one year more than they at first assured the public was sufficient for its entire accomplishment, they cannot but flatter themselves that under the embarrassing circumstances with which they have had to contend, the Eublic will admit that few instances will be found where so much has een done with means so limited as those placed in the hands of the Directors. Lock No. 1, is a substantial piece of rubble masonry, and is entirely finished, with the exception of the lower pair of gates, which it was found imprac 'cable to nang in consequence of the great depth of w&ter set ii.to the lock by the works on the Rideau Canal. The resident Engi- neer at Bytown having kindly promised to lower the level of the Rideau Lake, the Company will thus be enabled to finish that very difficult part of their labor, which has already cost many hundred pounds in vain at- tempts to exclude the water from this lock. Besides tne dam connected with this lock, there is a regulating dam on the ratural channel which is used as a waste weir to this and the next lock. w 24 Lock No. '2, also of utoiie, with its dam and cuuauiiare in a state df perfect completion and has frequently been used during the past season. Lock No. 3, a stone structure of similar workmanship to those des- cribed, is also, with the dam and flood gates connected with it, in perfect readiness for the business of the spring. Lock No. 4 — Built during the past season, of timber, together with the necessary dam and a separate waste weir are also ready ^r use, ex- cept the hanging of the gates which will be done the middle of next month. Lock No. 5, of stone, built also during the present ye ar, has been frequently used, and has been found to answer exceedingly well, the dam of this lock raises the water up to the level of the town of P«;th, where it was found necessary, in order to afford convenient room for steamboats, to excavate a basin in a piece of low ground in the centre of the town. The work was one of much difficulty, owing to the swollen state of the river during the two last summers, and especially in conse- quence of the wetness of the weather in the months of August and Sept. in 1832. It is satisfactory, however, to be able to state that the excava- tion is i&nished, and the water let into the basin, and that it i? faced round with a stone wall of three feet in thickness, and presents a convenient sheet of water of 160 feet by 120, with a wharf of forty feet wide sur- rounding it. Besides these works, the Jirectors have built two swing bridges for the passage of vessels at places where bridges were construct- ed previous to the passing of the Act incorporating the Company. Thus it will be observed, that the Directors havt erected live locks, six d^ms and waste weirs, two swing bridges, besides several embankments, in order to render the Tav navigable to the town of Perth, for vessels of nineteen and a half feet beam, and drawing three and a half feet water. The whole distance from the Rideau Lake to the basin above described, is eleven miles. With respect to the financial concerns of the Company, the Direc- tors have to state that the expenditure for the whole of the works de- tailed above, amounts to £5000. £2000 are owing by the company for loans received upon the security of property which they possess at Perth, and a balance of little short of £1000 is still due to mechanics j labourers and others for services, materials, and provisions : to meet this debt the Company have no funds, ai.u as many of the individuals are in circum- stances of necessity, the Directors feel deep concern on the subject. W. MORRIS, President. J. M'KAY, G. H. READE, >' M • • R. MATHESON, W.R. F. BERFORD, i r ' - A. FRASER, yi i H.GRAHAM, .;? ; j|. At a Meeting of the Directors of the Tay Navigation Company, held in the Court-HoTue at Perth, this 1st day of March, 1833, It was unanimously resolved, — That the thanks of the Tay Naviga- tion Company are justly due to William Morris, Esquire, President, for his indefatigable zeal in furthering so important an undertaking, and more particularly one which has conferred such incalculable advantages on this district. Mr. Morris' exertion^ and perseverance have been so eminently conspicuous in promoting the interest of the Company, as to merit their best acknowled^ents ; and the trouble and care he has taken to remove from the Lieutenant-Governor and Council the false Directors. 95 representations made against those intrusted with the management of the Company's affairs, demand their gratitude. G. H. READE, - . Secretary and Director. EXTRACT or A LETTER FROM W. MORRIS TO THE TAY NAVIGATION COMPANT. J' o Perth, 30th November, 1840. Gentlemen, — With reference to the claim of Mr. John Haggait to a title from the Tay Navigation Company of a certain piece of ground on Cockbum Island, which was formerly held by George Buchanan, Esquire, under a license of occupation, cancelled by the Executive Council in consequence of misrepresentation, I would briefly observe, that at the time the grant was obtained by the Company, it was the general opinion that the improvement of the navigation \vould greatly enhance the value of property on the island ; and it was thought by the Board of Directors, without a dissenting voice, that as the Company would cause that increased value, and had the power to give a title far preferable to a licence of occupation, that the holder of that piece of . ground might well pay something for it, and accordingly a valuation was placed on it, as well as on the rest of the island. The stagnation in business, and the subsequent difficulties in which the Province was soon after involved, have disappointed the expectations which were at that time entertained by the Directors, and thevefore my opinion is, that Mr. Haggart should get a title to the lot on more favour- able terms than was, at the period alluded to, proposed ; and I feel quite sure that, had he applied to the Company at any time during the past four years, he would have met a reasonable desire to do him justice. But I am not aware that he ever, directly or indirectly, made any appli- cation to them for a title to the property, or ever acknowledged that it belonged to the Company. No man holding a license of occupation can demand a patent of the Government, as a matter of right ; and if he did so, I am sure he would not obtain such a title. And in this instance, although I would feel dis- posed to give Mr. H. a deed in fee simple upon the payment of a very small sum, I would r --•■er in any arrangement forget tnat the licence was cancelled in consequeu^e of a fraud committed by some one, (by whom I know not), but the individual was pointed out by Mr. Eraser when he laid the matter before the Grand Jury, and also in his complaint to the Government. I suppose the Directors remember that that gentleman has more reason to complain of the fraud than any one else ; for it was practised by adding words to his signature, which made the Council sup- pose that a proceeding had taken place which had not. With regard to the expectation which Mr. Haggart expressed, of getting a deed not only for the ground which was formerly held by licence, but also of all tne land 1 ' between it and the small stream above, I would simply remark, that the whole of the land, in good futh, belongs to the Bank of Upper Canada. The Directors of the T. N. C, are mere Trustees for disposing of it to the highest bidder, and for pay- ing over the proceeds to tne Bank ; they cannot, therefore, give away property that in reality is Dot their own. (Signed) W. MORRIS. To the President and Directors of the , , Tay Navigation Company. I w 86 To (he Flonorable the Commons House of Assembly in Provincial Par- liament assembled. The Petition of the undersigned Directors of the Tay Navigation Com- pany, Most Humbly Sheweth : That on the Rideau Canal being completed, the inhabitants of the District of Bathurst found tiiat, noth withstanding the advantage derived from that public work, yet a great part of the District would not have any water communication unless the River Tay was navigable to the town of Perth. This could only be accomplished by a Joint Stock Com- pany. The Canal on the Tay is now finished with the exception of two pair of gates. But the Directors are sorry to state, that it is not paid for : from unforeseen causes the work cost more than was expected. The Di- rectors borrowed two thousand pounds, on the security of the Company's property in Perth, and a balance of one thousand pounds is still due. Your Petitioners pray that your Honorable House would loan them two thousand pounds, to enable them to pay the workmen, and have the • Canal ready for operation by the opening of the navigation, and the Directors pledge the Canal for the payment of the principal with legal interest. And your Petitioners will ever pray. H.GRAHAM, R. MATHESON, .;.,,.. ' JOHN HAGGART, ', . , A. ERASER, JAS. MORRIS. .1 ■ V Pkrth, 23rd January, 1834. Montreal, 20th May, 1845. Sir, — In an article which appeared in the Bathurst Courier, signed O. P. Q , you were accused of having injured Mr. Haggart, with respect *i^- to a brick building which he owned on the Island at Perth, the property of the Tay Navigation Co., which Island was granted by the Government to aid in defraying the expense of rendering the River Tay navigable, and in excavating a basin for vessels in the centre of the town. I was a Member of the Board of Direction of that Company, as long as you were^ and afterwards ; and I can freely state, that whatever was done by the Company, with respect to that Island and the improvement of the navi- gation, was for the benefit of the town of Perth generally, and not for the advantage of the Directors of the Company, who received not one farth- ing of reward for arduous services during several years, and who never charged anything for their personal expenses. The whole private outlay of the Company was lost, for the revenue of the Canal has not done more than pay the interest accruing on the debt, and charges for repairs ; so that the public alone have benefited by the exertions of the Company. I can say, as a personal and intimate friend of Mr. Haggart, that the Company never did him an injury, and that nothing was ever done by you, while you acted as its President, that was not intended for the pub- lic good, and that did not receive the approval of all the Directors. i remain. Sir, Your obedient servant, H. GRAHAM. ^ Hon. W. Morris. The papers annexed will explain the nature of Mr. Cameron's last libel on the Defendant. , St. Andrew's Church, Perth, was built by private subscriptions, and ma- naged by Trustees, under certain regulations agreed upon by the congre- gation. The building cost a large sum, and was much in debt, when in the year 1835, some individuals, who had contributed little to the building of the church, endeavoured, by great violence and insulting behaviour, to change the Constitution, and thereby deprive the Trustees of all power and authority in conducting the temporal affairs of the church. These disputes wer iquired into by Commissioners, and this party proposed leaving the congregation, upon receiving back their subscriptions. The commission closed its labours, and the difficulties were not removed ; the consequence was that a large number either withdrew from the church, or from all interest in its management — Mr. Morris was among the latter number. To pay the debt, a second subscription had been previously entered into ; and now, when the congregation was broken up, the papers were , allowed to remain in the hands of the old Trustees, without being enquired after by any one for many years, and with a perfect understanding that every thing connected with these subscriptions, as far as the injured por- tion of the congregation was coqcerned, was at an end and void. So clear was this understanding, that the new powers in the church began quar- terly collections to pay off the debt, and continued doing so for about five years, when it was proposed from the pulpit that a sufficient number of the members of the church should enter into an engagerwcnt to pay a stated sum each for the purpose of cancelling the balance then owing of the old debt; and up to that time the subject of the original subscription papers, which had so long remained unopened, was never once, publicly or privately, so far as is known, spoken of. The following extract of the proceedings of the Synod, taken from the Montreal Gazette, of the 29th September, 18i35, "ihows that the Con- stitution of St. Andrew's Church, of the 2d January of that year, and which carried out the principles of the regulations in existence when the church subscriptions were entered into, was set aside by that reverend body, although adopted by a large majority of the congregation, and thus all obligation *o pay more money was destroyed. " The Synoc ne^t took into consideration certain difficulties existing in St. Andrew's Church, Perth, upon a petition of Mr. Francis Allan and others, and also on a protest and complaint of said F. Allan, against certain proceedings of the Presbytery of Bathurst. After reading the papers connecter' with the case, the parties were called to the bar. Mr. Allan was heard m support of the petition and complaint, Mr. Robson for himself, and Messrs. Fairbairn, Wilson and M'Alister were heard in behalf of the Presbytery of Bathurst; Dr. Wilson and W. Morris, Esqr. of Perth,, D m 28 were heard in reply ; when upon the motion of the Rev. A. Mathieson, seconded by the Rev. A. Gale, it was unanimously resolved that the Synod, having taken the subject of the petition, &c. into consideration, and after mature deliberation, find that the Constitution framed on the 3d January 1835, the approval of which forms part of the prayer of the petition, can- not be sustained, in so tar as in regard to the dismission of Elders and the permanency of the Pastoral office, it involves matters for which the con- grcgution is incompetent, and which have been determined in this case in a manner at variance with tlie laws and practice of this Church, declares the said Constitution null in these respects. The Synod further disap- proves of the Comtitution framed on the 28tk January, 1835, as being in- consistent in some of its details with the rights of certain parties connected with the Church ; disapproves also of the conduct of tne Presbytery of Bathurst in the approbatic n they recorded of the latter Constitution, and orders the whole minutes respecting the same to be expunged. ' And in as much as it appears to the Synod that great heats and divisions have arisen in the congregation of Perth respecting said Constitutions, resolves that the Commission of Synod proceed to Perth forthwith with authority to inqui''e into the origin of such distractions, and to use their endeavours to remove the causes thereof, enjoining the Presbytery of Bathurst to give effect to the decisions of the Commission in so far as they Presbyterially may." 1st. The ground upon which the church stands, as well as the glebe lot, is held in special trust by certain persons named in the Patents, and the succession is kept up in the way therein pointed out. The opposition in the congregation abolished an existing Constitu- tion, and vested these properties in Trustees to be appointed by persons in the congregation who previously had no right to vote. This unheard oi proceeding was sanctioned by the Bathurst Presbytery, and the Synod afterwards condemned their conduct in the following language, and ordered all the records therein to be expunged: " The Synod further *' disapproves of the Constitution formed on the •28th January, 1835, as " being inconsistent in some of its details with the rigfits of certain parties " connected with the church." 2nd. The power to manage the temporal affairs of the church was placed in the hands of persons who had not contributed a farthing towards its erection, and who were not required to hold a Pew or even a single sitting in one ! This further violation of the rules under which the church was built, and the engagements entered into to pay the debts, is shewn in the above abolished Constitution, articles 5th and 11th. Notwithstanding the disapproval by the Synod of these illegal and indecent proceedings in the congregation, the party continued their insulting behaviour, and so the congregation was broken up, and all pro- ceedings by the former managers terminated. (Copy.) Sirs, Perth, \2th April, 1841. For a period of more than five years past I have studiously avoided all knowledge of the temporal management of St. Andrew's Church of this place, of which you are the Trustees ; you will therefore readily con- ceive that I can have no great pleasure in either conversing or writing on the subject. But recent occurrences leave me to alternative. Had I supposed that putting you in possession of the old subscription lists could have given you occasion to revive the bickerings of past years, I would ded hof ;on- on d I )uld >uld ; best have consulted the peace of the neighbourhood, as well as the true interests of the congregation, by consigning the papers to the flames. I did not do so, but, willing that you should profit by the knowledge which a perusal of their contents might afford, put them into your hands, under an itnpression that compulsion in no case was thought of or desired by the Trustees ; this was expressed distinctly to me by a deputation from your body, and also by your Trustees. When the former disputes which were heard before the Commission of the Synod were brought to a close by the retirement of certain Members of the Church, I think I may con- fidently atsert that no one ever dreamt that the Members who felt ag- grieved by the violation of the principles under which the Church was built, and for the payment of the debts thereof had entered into a supple- mentary subscription, were any longe. regarded as morally or legally bound to pay another farthing of their subscriptions; and the whole inves- tigation in the Church at that time bespoke the prevalence of such a feeling, else why did your party agree to go away and leave us in nos- sesaion of the building on condition that we paid you back every fartning you had contributed to its erection? This bargain was all but closed, and I received much blame afterwards for having thrown an obstacle in the way of its completion. What would you have said had any one of us proposed that you should continue your payments ? The very idea is unfeeling as well as unjust — that negociation which at one time had well nigh brought the labours of the Commissioners to a sudden termination, was suggested by the annexed letter which I addressed to them and which speaks in forcible language the sentiments I then entertained and still approve of, and which I am happy to know met with your cordial ap- probation, for nothing prevented our paying you back your contributions and keeping the Church, but the fear of difficulties on the part of the Presbytery when we might apply to them for the settlement of another Minister. My opinion is that men who consented to such a bargain, instead of maintaining, as you do, that your aggrieved opponents should go on pay- ing the subscriptions, ought under the golden rule, to return all they have paid — that would be justice, working both ways. Your present proceed- ings are under the direction of one handed justice, who says, " When I " leave you, return me all I gave, but when you go away you shall not " only get nothing back, but you must continue to give." It would seem you are mortified that you, after a lapse of seven or eight years, paid the principal of my claim on the Church, and because, as I understood, your deputation on Saturday evening last, some mis- conception arose respecting the amount of my second subscription : — this part of the occurrences I vegret, not that it alters the principle upon which I stand, but because it might give room to the uncharitable to sup- pose that I intentionally represented that subscription as being less than it really was. When Messrs. Brown, Morrison, and Cuthbertson, called on me one Saturday night respecting my claim and the subscription lists, after a good deal of conversation as to my liability to pay the subscription, I stated peremptorily that I never would pay any part of it, considering as I did, that the violation of the Constitution under which it was pro- mised, set me entirely free from all obligation ou the subject. I had not looked at the papers for years, and had never after the difficulties, sup- posed that the aggrieved members were looked to as liable, and so indis- tinct was the impression of the painful circumstances on my mind at the moment, that when Mr. Brown asked me how much my second subscrip- tion was I could not tell till I cast my eye ovf.r the paper, where I stw £3 6s 8d. as one third of the amount, and therefore, I replied " Tt n 30 Pounds," and this sum did I really believe was the true amount, till last Saturday afternoon, when accidentally passing Mr. Matheson's shop, he came to the door and requested mc to call on my return ; I did so, when he informed me that Messrs. Kay and McPherson had just been there re- garding the Church subscription. I saw in his book that I had paid him £10, which convinced me that my subscription was that sum and not £3 6s 8d., and that I had at the close of the disputes, balanced my obli- gation to pay more than I had already done, by striking out the £10 and mserting the third part of the amount : — At the time I told Mr. Brown that I nad subscribed no more than £10 I was not even certain that 1 had paid any part of it, but I said the impression on my mind was that I had paid one mstalmcnt of it, but that I would never pay more. It is important I should tell you in writing, that I mfornied Messrs. Brown and his associates that evening, that I could never let the list out of my hands until I had the consent of the aggrieved subscribers, or had stricken their names from the lists — and if they chose to take them after I had done so thny were at their service. They seemed quite agreeable, and I told them that I would look over the lists on Monday, and strike out all those names. I invited them to call back on Monday night and get the papers ; they led mc to think they would do so, and accordingly the papers were made ready for them that evening ; but they did not re- turn. The papers lay in my hands some time after, till Mr. McPherson came to pay my claim, when I mentioned to him that the Trustees had Promised to call for them but had not ; he said I might hand them to him. 'he latter part of the transaction (I mean my invitation to the Trustees to call for the papers) was not admitted by your deputation last Saturday, but I hope they will tell you that Mr. Morrison, on being sent for, corroborated it fully. Should you have occasion hereafter to correspond with me on the subject of these or any other Church matters, I request, in order to prevent misunderstanding and misrepresentation, that you will do so in writing. My desire is that you will send the subscription lists, together with his letter, to the next Synod, to the end that the documents which are held in retentio by the Commissioners may be examined, and a Report had as to the propriety of your calling on the aggrieved members for the payment of their subscriptions. I remain. Sirs, Your obedient Servant, (Signed,) W. MORRIS. To the Trustees of the St. ) Andrew's Church, Perth. J Perth, 29/^ April, 1845. Mt deab Sib, With respect to the charge brought against you in the article in the Sathurst Courier, signed O. P. Q., of having, by erasing the subscription paper, defrauded the congregation out of £20, I have only to remark, that if in this instance you did wrong I did the same, for we both made the same alteration, and according to my understanding of the matter, we were fully borne out by the facts of the case. I believe it is true that the Synod ordered the new Constitution of the opposing party to be can- celled, and all the entries of the Presbytery in approbation thereof to be expunged. But that Reverend Body did more, for they also declared the Constitution under which we had built the Church and subscribed our money null and void, and hence our right to erase our names and subscrip- 31 the lion frk, lide |we lat jtn- be Ihc lur |P- tions, — a right fully recognised even by the opposing party, who during rive years took other means of paying off the debt, witnout saying a word to me about the subscription papers. Yours sincerely, R. MATHESON. The Honble. "William Morris; ) Montreal. j On the day before the cause was tried at Brockville, Mr. Morris received, through the medium of a third party, a proposition from Mr. Cameron, that if he would withdraw the action, he (Mr. C.) would sign an apology, which was submitted, and which contained the following : — •' Having been instrumental in publishing in the Bathurst Courier^ of the 9th January, 1844, a defamatory libel on your private as well as pub- lic character, in an article contained in that paper, signed O. P. Q. ; and being anxious to repair the injury thereby done to your feelings and repu- tation, I now voluntarily withdraw all the charges and imputations against you in that article, and express my sincere regret that I should have in- flicted so great an injury on your character and feelings. This apology I shall publish in an early number of the Bathurst Courier^ and you are at liberty to use it in the way you may think most suitable." Mr. Morris agreed to accept the apology, and stop the suit without any other condition, a proof that he had no desire to impose any pecuniary penalty on the Defendant. But when the acceptance was communicated to him he proposed some new arrangement about an arbitration, which put a stop to a private settlement, and the trial took place on the follow- ing day, a report of which is herewith subjoined, the accuracy of which has not been called in question by any of the newspapeis in Mr. Came- ron's interest ; although, when laying before the public their account of the proceedings which took place before the jury, they took very good care to withhold Mr. Cameron's letter of apology of October, 1840, by which alone the enormity of his late offence can be properly understood. That the report has not gone into some of the particulars which caused both surprise and disgust during the trial, must be apparent to every per- son who was present — some severe remarks made by the judge and the attorney general to the witness, Mr. Dickson, are omitted ; and the indecent behaviour of three of the jurors, who kept up an interchange of laughter and significant glances with the defendant, was noticed by many of the spectators. « 32 rntlM TIIK STATK8MAN. JOHNSTOWN DISTRICT ASSIZES. Brock viLLK, April 2Cth, 1845. THE HON. WM. MORRIS, vs. MALCOLM CAMERON, ESQUIRE. Trial for Libel, as originally published in 1828, under the signature of "James Robertson," and again republished, in 1844, with additions, in the Toronto "Examiner," under the signature of " J. T.'' and in the " Ba- thurst Courier," under th«5 signature of " O. P. Q." This was a Special Jury Case, and the following names being drawn, were struck off by Mr. Steele, as Counsel for the Plaintiff'. 1, Alpheua R. Munsell ; 'i, Ninion Bates ; 3, George Delong : 4, Wm. Patrick; 5. Freeman Nettlcton ; 6, Chas. Melon; 7, Alex. McCarger ; 8, James Blanchard ; 9, Steel Smith ; 10, Levi Alguire ; 11, Aaron Mer- rick; 12, Edward Howard. The following names being drawn, were struck off by Mr. Richards, as Counsel for Mr. Cameron. 1, George W. Eari, 2, Wm. Robertson; 3, R. Percival ; 4, Robt. Peden ; 5, John Johnston ; 6, J. S. French ; 7, Albert Pearson ; 8, Daniel Collins; 9, Thos. Webster; lO, Wm. Manuel; 11, J. Slack; 12, John Brennan. The following 16 names remained, of whom the first named 12, an- swered to their names, and were sworn of the Jury : — 1. Joshua Legg, of Leeds. . 2. Wellington Landon, of Farmersvllle. 3. James Iliggins, of Prescott. 4. Alex. Smith, of Prescott. 6. Thomas Meyers, of Bastard. 6. Wni. McDonald, of Newbarough. 7. Samuel Glascow, of Prescott. 8. Thos. P. Kenyon, of Yonge. 9. Rallis D. Davidson, of Bastard. 10. Calvin Troop, of Augusta. 11. Thos. Mealy, of Oxford. 12. Emery Blanchard, of Elizabethtown. 13. Samuel Brasher, of Pre!>cott. 14. Billa Flint, of Brockville. 15. Wm- Lang, of Kemptville. 16. James Froome, of Augusta. Mr. Draper stated the case to the Jury in a very able and eloquent speech, which occupied over three hours in the delivery. The following evidence was then given : — Andrew Dickson, Esq.,, sworn and examined by Mr. Draper — Is Sheriff of the Bathrust District ; — knows the hand- writing of the defend- ant. (Here the manuscript of the alleged Libel was produced by Counsel, and put into the hands of Witness.) Believes it to be the hand-writing of the Defendant — cannot say that he knows it to be his hand-writing. Question by Mr. Draper — I ask you again, Mr. Dickson, if you do not know that paper to be the handwriting of the Defendant ? Witness — I will not answer that question ^ I think I might criminate t 88 myself if I did. 1 would, perhaps, leave myself liable to a criiiiinul prose* cution. Mr. Draper — Look over the writiiif;; nRoin, and say if you have any reason to doubt that it ia the DcftMulaiit'H hand-writing. WitncHs — I think the lieading dors not look like his hand-wrtting. Has no doubt but that the body of the article is \m hand-writing — some of the inteilineationtt may not be — cannot say if there is any other hand- writing in it — has his doubts. Will not swear positively whose hand- writing it is. Mr. Draper — Did you not see tiic Defendant write it ? Witness — My Lord, I refuse to answer that (lucstion. Judge — Why do you refuHe to answer, Mr. Dickson P Witness — Because it might lead me into difficulty. Cannot say if he (the Witness) ever saw the paper before — he might have seen it. Mr. Draper — Was it not at one time delivered to you by the Defend- ant? Witness — I must refuse to answer that question, from a belief in my mind, that I might subject myself to a criminal prosecution. Mr. Draper — Did you ever hear the Defendant say he wrote it ? (De- clines to answer.) Has the defendant ever spoken to you upon the sub- ject of that paper P (Witness refused to answer.) Did he never tell you he was the author of the letter, published in the " Bathurst Courier," and signed " O. P. Q." (Witness refused to answer.) Judge — Mr. Dickson, I can suffer no further evasions. I cannot al- low it : all witnesses must he treated alike ; you must answer all proper questions where they do not implicate yourself; and I cannot see that what was said by the Defendant can in any way lead to your criminality. Witness — My Lord, there are many ways of implicatmg a witness. Mr, Draper — Did you never hear the defendant speak of it as his own composition, his own production ? Witness — I do not recollect any particular time. Judge — Never mind the time, Mr. Dickson, you are not asked that. Witni !ss — My Lord, I have had a thousand conversations with Mr. Cameron about the matter. Mr. Draper — Do you recollect any of the particulars which passed between you at any of the conversations Y W^itncss — Can't say that I do. Mr. Draper — What ! not a word! Witness — Not that I recollect. Mr. Draper — You may go down, Mr. Dickson ; — perhaps you will re- collect yourself, and I will recall you. William T. Jones, Esq., sworn anf? examined by Mr. Steele. — Is well acquainted with the handwriting of the Defendant. (Here the witness had placed in his hands the manuscript draft of the Libel, as also the letter of Apology, written by the Defendant to the Plaintiff, both of which he care- fully examined.) Has no doubt that both papers are in the handwriting of the Defendant. Cross-examined by J. H. Cameron, Esq. — Will not undertake to swear, that the heading, (To the Editor of the ti, C) — Bathurst Courier — is the handwriting of the Defendant, but believes it is — has no doubt that the whole of both documents are in his hand-writing. Robert Moffatt, Esq., sworn and examined by Mr. Steele — Resides at Perth, and is well acquainted with the handwriting of the Defendant — has examined both the documents, — the Libel and letter of apology, — and has no doubt both are in the handwriting of the Defendant — has seen the libel before its publication ; received it from Andrew Dickson, Esq., Sheriff 34 of the liatliurHt OiHtrict, in thclohby of the Court IIouhc, lit Forth, un tbo Jird day of Janiiury, lNl4, in thu afternoon. •fudge — Whs Mr. Dicknon Siierifi'nt the time he gave you the Libel. WitncM — lie was, My l^ord. Mr. Draper — Will you be good enough, Mr. MofVatt, to state, for the inforinatit n of the (-'ourt, the imrticuliiri* that oeeurred on that ocenniony Witness — I an» sworn to tell the whole truth, and 1 will do so, let the consequences be what they may. I am Clerk of the Municipal ('ouncil of the llathurst District, and at that time I was also Clerk to the Sheriff- there was a political meeting held at Perth uii the .'ird uf Jnnuary, the avowed object for discussion was the removal of the Seat of (lovernnient to Montreal. In the evening after the meeting was over, Mr. Cameron, the Defendant, and Mr. Dickson, drove up together in a sleigh, to the Court House ; Mr. Cameron sat in the sicigh, while Mr. Dickson got out and came into the ortice in the Court House ; pulled out the maimscript of the Libel, and gave it tome, at the same time telling me, it was written bv a friend of his, Mr. C'ameron ; that ho wished it copied, and given to the Editor of the Hathuist Courier, tor publication, and at the same time handed me n Dollar Hill of the Hank of the People, togivo the printer. I copied the .Libel, as directed, and gave it to Mr. Thompson, the Printer of the paper, in scraps, as I copied it. I aftcrwatds saw it published *in the newspaper, on the Tuesday following, being the next day of issue. After I had copied it and found out its libellous nature, I regretted my having copied it; and had the Shcritf returned to town, before the next day of publication, I should have returned him back the manuscript ; but he did not come back to Perth till the day of the next political meeting. Croas-cxamined by J. II. Cameron, Esq. — The alleged Libel has not been in his possession ever since — mentioned the circumstances to a friend of Mr. Morris', and afterwards gave up the manuscript to him— marked the paper before parting with it. [Here the witness referred to the marks.] Was the copy you gave to the newspaper examined by any person, and compared with the original? No, the matter was kept too private to ad- mit cf that ; but I have no doubt it was a true copy. James Eraser, Esq., sworn and examined by Mr. Steele — Resides near Perth; his son is a subscriber to the Bathurst Courier. [Mr. J. II. Cameron objected to the further examination of this witness, until the paper itself was first proved.] James Thompson, sworn and examined by Mr. Steele — Is the Printer and Publisber of the Bathurst Courier; was so in 1844. Were you subpccnaed to produce the manuscript given you by Mr. Moffatt. Yo-., but I can't find it — thinks it was destroyed at Mr.Moffatt's sugges- tion at the time, but cannot say positively : at all events cannot now find it. [The ,caper in which the Libel was printed was produced, and given to the Witn« ;13.] Did you print that paper ? , I printed one like it. Judge — Oh, come, come, don't be evasive : recollect the solemn oath you have taken ; you are bound to tell the whole truth ; now then give a fair answer to a fair question. Did you print this paper? Witness — I have no doubt the paper was printed by me. It was pub- lished on the 2nd of January, '44, the letter signed " O. P. Q." which it contains, was set up from the manuscript supplied by Mr. Moffatt. James Eraser, re-called and examined by Mr. Steele — Has seen the paper now put into his hands, called the "Bathurst Courier,'' before — re eetTed by the the pa| ih k'J 35 ceived it at Mr. Holliduy't, a laddler in Perth, where the papers are left by the Printer for his ion, who is a tfubscribcr to the paper : he marked the piiper and knows it to be the same, received it the day it was printed. [Here the Libel was produced and read.] Andrew Dickson, Km]., ro-callod and examined bv Mr. Draper, — In all the conversations you had with Mr Cameron, did he pvor allude to hira- Milf, us being the author of the article nignud, " (), P. Q.'* ? Thinks there was a marked reservation when speaking upon the subject. The same question was again repeated. Witness — I cannot call to memory any allusion made by him to me ! I have received letters from him I Mr. Drancr — Will you swear that you have no knowledge that the de- fendant is tnc author ? Witness — I cannot swear that ! Judge — Did Mr. Cameron at any time desire you to have It published in the iJathurst Courier ? I cannot say that he did. My Lord ! Mr. Draper — From anything tlic defendant said to you, do you know the article was published in the Bathurst Courier? It may have been published by his consent ? Question. Can you say upon your oath, whether it was, or was not published with his consent ! Answer. Possibly it might have been published with my consent ! Question. Do you know if the defendant assented to its being put into any person's hands for publication ? Answer. I am not aware, from his conversations, that he knew ofita publication ? Question. Did he say anything to you about the publication signed •* O. P. Q. " Answer. Question Answer Question I recollect nothing but what might criminate myself. , Did you ever hear the Defendant say it was to be published? I cannot say that I did. Now on your oath, Mr. Dickson, cannot you say that he as- sented to the publication ? Answer. I am at a loss to give an answer, lest it should lead me into trouble. Roderick Matheson, Esq., sworn and examined by Mr. Steele. Has read the article in the Bathurst Courier, signed " (). P. Q." lias also read the article in the Examiner, signed "J. T.'* and has also read Mr. Morris' reply in the De-patch. These articles were calculated, in his opinion, to injure Mr. Morris in the esteem of those who did r >* know him. Sutton i^rizzle, sworn and examined by Mr. Steele. He has i.ad the article signed " O. P. Q." Understood the allusion in that article to the " ghost of James Robertson," to mean the former publication, signed " James Robertson." Understood the inueudoes in the libel, to allude to Mr. Morris. Cross-examined by Mr. J. H. Cameron. — Did you observe no distinc- tion in the two names P Yes, but I supposed it to be a mistake of the types ; one was signed James Robinson, the other, James Robertson. Roderick Mattheson, Esq., re-called. Undei'stood the inuendoes to allude to Mr. Morris — understood them to impuU fraud to Mr. Morris. Cross-examined by Mr. Radenhurst. Do yon know whether Mr. Hag- gart felt himself aggrieved ? 36 1 do not know what he felt. Did the alleged Libel injure Mr. Morris in your estimation f "Vo — not ip the least; I knew his integrity »oo well. . .ere the case closed for th» Plaintiff, after which Mr. John Hillyard Cameron addressed the Jury at great length, and in an exceedingly inge- nious manner, for the Defendant. As we have not given Mr. Draper's Speech, we decline giving Mr. Cameron's, and confine ourselves strictly i.> the Evidence and to the Judge's Charge. THE JUDGE S CHABGB. The Judge commenced by reminding the Jury, that the issues were to oe tried and considered, as if the parties were unknown to them, to forget nil feeling and prejudice to one side or the other; to look at the record as sustained by the evidence, and at nothing else ; and to remember their oaths, a true verdict to give according to the evidence. The ieirned Judge then proceeded to point out, that the Plaintiff was a Legislative Councillor, and the Defendant a menjbcr of the Legishtive Assembly, tii^t it so appeared upo.. the record : that there was therefore the less ground lor supposin,' ;hat either had acted ignorautly, or without due consideration. The judge then defined a Libel, and marked the distinction between verbal and written slander, and the more lasting injury inflicted by the lat- ter. He quoted Hawkins as to the law of Libel, and said the Jury were here to consider whether It was the intent of the article in question, to bring the plaintif into contempt, hatred or ridicule. Then what were the facts of the case ? It appears that, in consequence of a speech delivered by the Plaintiff in the Legislative Council, cerain remarks on him were made in the Examiner ; public discussions on public subjects and public men is allowable; theplaintiff had done so here. Comrr- its on Government iiien and measures in such places, are allowable to alnriost any extent; but a party has no right, even there, to pj'kilish slander of private individuals. The conduct ofpublic men may be publicly and freely discussed, but when discussed, it must be in reference to their j"iblic acts. One is not at liberty, because another is a public character, to call him a liar, a coward, or swindler: That is not fair discussion. This is a point too often over- looked, and he could not help remarking that much of the dissension and disatisfaction in the country, has arisen itom attacks on private character, rather than on public actF If the plaintiff and defendant had both ab- stained from this, they would have set a good example. (The Judge here read the Libel "J. T." and commented upon its depar- tures from legitimate discussion, observing that the writer himselt appeared to have drawn the distinction between public and priyate character, but had assailed both. Political charajter may be assailed, but not private*) Then O. P. Q. comes, it would appear that the defc.idant 'neant to charge J. T. as true; meant, to use aphraseof our neighbours, co endorse it. (The Judge here read portions of O. P. Q.) The part of O. P. Q. relating to the School affair, ?va» perhaps all fair comment, and still he should not have charged the plaintiff with wilful untruth. The writer of O. P. Q. seemed to wish to identify himself with J. T. in saying that " J- T. exposed him," and the country sustained " J. T." The learned Judge the., read that portion reflecting on Mr. Morris' loyalty, and remurkec^ — This is a .niddlesome matter ; if Mr. Buell had been attackc;d, it might be very fair for himself or his fViend to use some 37 ir- \ed lut .) Ito Ise 3f It Id hard words in return, if confined to a defence of Mr. Buell, but O. P. Q- dok8 not thus confine himself, but attacks the PlaintifT. That part of the article referring to the Plaintiff's vesigning his commission, folded arms, &c., is a great slander. The Defendant himself would have felt such char- ges keenly. This seemed o direct attack on the Plaintiff, in his private character, and designed to do him a p ;rsonal injury. The Judge theo read the last paragraph, and said, This refers to some- thing private, not public ; to something wrong in the several particulars mentioned, this has nothing in the world to say to pablic character, it is all private sLinder. Tiie Defendant should not have published this of the meanest man of the comniunitv, much lers, of one standing in so high a position as the Plaintiff. The Defendant could not plead ignorance ; this was done to injure him in his private relations. Another part remained for consideration, whether the article was mali- cious. Malice is always inferred when words tend to charge improper conduct. There were known privileged occasions in which malice would not be inferred. Statements of Counsel were privileged communications ; so were statements in Legislative Assemblies ; there were others, such as giving servants characters, privileged, if iionestly given. Still, even in pri- vileged communications, malice might be inferred. But vhcn libel was not privileged, and was slanderous and unjustified, the law inferred malice. The law presumes slanderous statements are i ide maliciously, and no evidence need be given. Thinks it great forgetfulness in the Defendant to publish the latter part of O. P. Q., having written the letter he did in 1840 ; regretted to have to comment on it. This letter was written in regret for the article signed " James Robertson,'' and was written probably at some mouient when the Defendant's heart was right. We have all such moments. (The Judge here read the letter, a copy of which we give below.) Thinks the Defendant's heart was in the light place when this letter was written, and it should have boon met in a good spirit. Why, this foolish article she ild again be revived, he did not know ; however, it was the strongest evidi ice of ma- lice, that the same charges should be revived after that lettt, of 1840. which admitted them to be slanderous and unjust. This was the Libel — such the motives — and no good defence. As to the proofs there is the f i>bel, there is no dispute that it is in the handwriting of Defendant ; a paper found abroad, in Defendant's handwriting, is prima/a- cie evidence of publication ; this has been the law for 150 years. The pa- per being in Defendart's handwriting is not disputed , so far as a di.ect an- swer could be got from Mr. Dickson it may have been. Tie did not like to comment on Mr. Dickson's conduct ; he wai the Sheriff, and not there upon his trial ; he should, however, have recommended to him, ", different course of behaviour. The evidence of Mr. Cameron's handwriting was clear and conclusive. There was evidence too that Dickson and Camc-on came together, that Dickson handed the paper to MoP^att, and desired nim to copy it, and have it published ; this was strong evidence. The paper itself contained evi- dence of intent to publish, some doubts were thrown upon the heading of the Libel, but even overlooking that, the commencement of the letter speaks for itself; " Sir, in your last No., &c." The declaration was that the let- ter in the "Despatch'' appeared in the "Courier," and this is admitted; there is, therefore, an end on this point, that the article was ihns written with intent to be published in the " Courier." The Judge expressed iiis opinion that the publication was libcllouR ac- cording to all law — and the Jury might retire and consider what should bf 38 their verdict. He knew nothing of defendant's ability to pay, or the plain- tiff's desire to obtain damages, but the Jury might consider what them- selves would expect under like circumstances, if satisfied the article was li- bellous and malicious, as he thought it was. A party coming into Court in this way put his character in issue, and could not be entitled to damages if the libel was true ; in this respect, therefore, an action is preferable to an indictment. Defendant has not here pleaded the truth of aught he has here stated and he should never come into Court and say, you are a member of the Legislature, and fair game, and under that cloak say all manner of things against his private character. If politics are to be a license to private slander, and afford a shelter, the man so slandering is worse than a common slanderer, doing that underco- ver, he dare not do openly. He would not affect ignorance of the parties' standing and finiation; the one was, on this account, so much the more entitled to protection, and the other more liable to damages. The Jury then retired and remained in consultation about two hours, after which they returned into Court and found a Verdict for the Defen- dant ! ! ! Judge — Gentlemen, may I ask, if your verdict has been founded upon your opinion of discredit being attached to aiy v art of the evidence ? Jury^ — No, My Lord. Judge — It is to be hoped your example > '" , i , . followed by other Ju- ries The original Libel was published in 1828, by Mr. Cameron, for which he afterwards spontaneously offered Mr. Morris redress, as appears by the following letter of apology, which Mr. Morris accepted in full. It was for the re -publication of the same slanderous matter — four years after be had apologised for it — that the present action was brought. Peeth, October, 1840. Dear Sib : — In a conversation at Brockville with your brother Jamed. I inferred that you still feel that my having [the] been the author of l^as foolish and unfortunate production signed "James Robertson," witl. ■ v. hikv'ng ever acknowledged its impropriety, is a bar to that cordiality « f U .*;:iour respect, which I will, and would Sfal!^"* 'T ""'^ "" «Pre«!on of dence of wy propriety of conducr """' ^'"'^ ''^^^^''d as an evi- I am sincerely, Vours respectfully, The lion. Wm. Morris. ) M- CAMERON, l^erth. I A true cop}-, J- JOSKPH, C. A. Dear Sir :— Perth, Oct. 7, 1840. I remain. Dear Sir, Yours sincerely, M. Cameron, Esq. WM. MORRIS. A true copy, J. Joseph, C. A.