IMAGE EVALUATION TEST TARGET (MT-3) A^ 1.0 1.1 |jo ^^" H^H ■tt Itt |22 ■lUu 1 ^ HI '-^ ii^ ^ 6" » Sciences Corporation ^ ^^1^/^ ^.V^ 23 WeST MAIN STRUT WIBSTiR.N.Y. USM (71«)t7a^S03 PLAIN STATEMENT ^'i. •> /■■ ov FACTS by: GEORGE MUTTLEBURY, LATE CAPTAIN LATE 2d BATTALION, I. M.*' Previous to my laying the following pages before the public, I think it proper to state my reasons for so doing. I need hardly ac^ r M'Ti ■ ,^ »■ ?■ -f *. "If-A* v""^ M(»-3nAo« tMM ♦'ra « ■■^*i; f 5* v.r !*«. /S'/O 0-; Vi '1 ^!' VJ2523 r i. ri'0'> ,««'• The reader will perhaps ask upon seeing this Pamphlet, why was it not printed before ; I can answer this only by stating, that circum. stances, over which I could not possibly have control, have prevent, cd its appearance at an arlier hour: however the delay, which has taken place, will prove that it is not written while labouring under any excitement, cc^used by angry and malevolent feelings, but after tho most mature and deliberate reflection, — Without any other preface I must plunge at once " in medias res." : ;< • As the reports to which I shall allude, and which have been the cause of my taking upon myself this most unpleasant task, emanated chiefly from Capt. Chambers, although conveyed by channels ever ready for such' employment, I shall commence with my acquaintance with that oflicer. One evening in October 1838, 1 was visited at my house by Mr. Chambers, who informed me that the Militia were shortly to be called out for active service, and that as 1 had already seen ser- vice, I could easily obtain o Company, and begged me to apply for one, and give him a Lieutenantcy in it. — I consented to proceed to Toronto with him to make the application for employment, but gave no definite answer about his commission in case of my success.—. The next day during the progress of our journey, I stated to him that I had heard coujmissions were given an/^ to those who could raise tt certain number of men, and that as I had just arrived from England with no interest in the country, and no money to pay the expenses attendant upon recruiting, I despaired ofbeing able to raise' a Company, even if Sir George Arthur would give me the command of one. Mr. Chambers then begged that I would try, and offered if I gave him tho Lieutenantcy, to pay half the expenses of recruiting and keeping the Company in the best possible order. This he said he would be able (o do, from his having means independent of his pay, which would make him on a footing with me, who, as Captain, would draw double allowance. To this I consented. Upon our. way to Himiltim, I met the bearer of a communication fit)m Colonel, Cameron to me, in which I was informed that, by the recommenda- tion of Sir George Arthur, I was authorised to recruit men for a Company in the second Battalion of Incorporated Militia. Upon be- ing received by Sir George Arthur, I stated my inability to do so, expressing a desire to command an Indc2>endent Company, with whiich . I should be more likely to succeed, reminding him that a Coloured . Company was to bo raised in Cl)athnm. Sir George Arthur most kindly and willifigly gave it to me, observing that he would have of- fered it before, if he had thought that I should be pleased with the , command of coloured men. I told His Excellency that I preferred : them to the Militia of this country, because I should be able to main- tain more oiscipline and authority among them than with the others. He replied that he was glad to hear I thought so, and he coincided with me in opinion. I also had another reason which ^vas, that in an Independent Company I should have the appointment of my , i^jPiS-. own Subalterns, thereby avoiding the society of sucli an heteroge- noous mixture of offieera which I knew the Rogiinenta of Militia must fronj their manner of granting commissions necessarily con- tain. The same day on which I received my appointment, I wrote a letter* to Colonel Chichester (the ofticer on"" Particular Service," at that time commanding the Western District) stating my particu- larity as to the description of officers whom I should wish to admit into the Company, begging him to appoint Mr. Chambers as njy Lieutenant, he being both by birth and education a Gentleman, and had been a short time at a military college in England. A few days afterwards Mr. Chambers received his appointment as Lieutenant, although ai that time there were only five men recruited for the Company. Mr. Chambers joined me in Chatham about a mon)^ af. ter, and at the expiration of the service of the Company joined the 2nd Battalion as Adjutant.f I shall therefore leave this subject to which, however, I regret 1 must again refer. I joined the 2nd Bat- talion in November of the same year. But before I commence a regular detail of events, I must make the reader acquainted with a few facts necessary.for elucidation. In doing this I tread upon delicate ground, butoim compelled to allude to the con. duct of one.'whose name I do not wish.to mention, and to which I shall only refer as lightly as possible. Upon joining the Regiment, I found in it one, of whose character and practices I had but one opimon, in which most of the officers at Head Quarters coincided, and which was ge> uerally the subject of animadversion in our frequent meetings, and I had often expressed my determination, if unlbrtunately any differ- ence should arise between that officer and myself — not to give him the satisfaction due to a gentleman, and that if I had been in the Bri« tish Army, or in a Militia Regiment of seven or ten years service, I should re|)ort every thing to the Comnjanding Officer. I proved this by the testimony of two witnesses at the Court of Enquiry which ensued. For a month before I left the Head Quarters, to take the command upon the St. Clair frontier, I was employed as Prejident of a Court of Enquirj', which was ordered to investigate sundry debts then due by a late Captain^of the Regiment, both to civilians on the St. Clair, and the soldiers who had been under his command. I was thus employed on the evening before I left Chatham for the St. Clair. Having been ordered to leave at day-light next morning, I called on my landlord for my account. He brought it into the room, and I objected to an item of 2s. 6d. currency. The man be- gan to abuse me, and told me I was no gentleman for refusing to pay such a paltry sum, &c. &c. Whereupon I told him I was very busy indeed, and requested him to leave the room. Upon his refus- ing to do so, I repeated my request, the last time adding, that if he did not go, I would turn him out. Upon his still refusing to go, I collared him and put him out.ij: This occurrence took place in the * Which Mr. Chambers tend. i Colonel Cameron had unforiunately reaigned the command of th« Kpeiment. t U may liar* ba observed that it waa not th« Over-charge of Ss. 6d., but th« presence of two ofljcers, who joth ugreed that I was perfectly right in doing so, Aflor my departuro I'or the St. Clair, this man insti- gated by others, drew up a |)etiiion to the Governor Gtinerul, (viJe appendix) who on^eredliie case to bo investigated by the Colonel of the Regiment. In conscquenco of wiiicli the Lieutenant Colonel wrote to me, giving mo the chDJce of attending at Chatham per- sonally the Court of Enquiry to invostiguto the eompluint, or to send mv written stutoment «)f the case, as well as tliat oftlietwo officers who were present on the occasion. I received also tlie same day an intimation from an officer at Chatham, that one of those officers intended to give ovidonce against me. Owing to the receipt of this information, I thought it would be the most prudent course for me to attend, and replied to the Lieutenant Colonel to that efl'ect. The reason for the diiference of statement made by this officer (the same who afterwards called mo out) before the Court of Enquiry, from' that expressed by him to me and others when the affair took place, is this : During the time I was a resident in this Boarding house, this officer 1 heard was coming to live there also, upon which I told iho Landlord, who was trying to obtain any lodgers, no matter who or what they were, tliat if ho received him into the house, I should bo obliged to leave it, as I could not live witli one whose manners and habits were so difli-rent from those which I had been accustomed to. After my turning the landlord out of the room he in revenge told him what I luid said, and a great deal more which 1 had not said. — The information thus received from my landlord, together with the following circumstances induced this officer to call me out. While on the St. Clair I had been in the habit of corresponding with two friends in the Regiment then at Head Quarters. In most of our letters the conduct of this officer was represented as highly improper. In one of mine, I had spoken in rather strong terms of something they had communicated to me. This letter was shewn by Mr. Tench (to whom it was addressed) to Mr. Dewson the Sur- geon, one who had iuva-'iably been present when we met, and who had censured most severely the conduct to which that hotter alluded. Mr. Tench when talking upon the subject with Mr. Dewson one evening, shewed him my letter in confidence, and to prove how we, had all coincided in our opinion. Mr. Dewson agreed wit. the contents of that lc.ttt giil iIm; muiicy rcfuntlt-d to thcin, which thuy wero iibli^ml to .spcml lor iho good of iho lltviiiit'iit. VVhiln I was com* iiKiiKlin}^ on ihu t^l. Clair, I wna obligeu to turn one ol" my burruck rooms into >xn ordtM'ly room, without which I could not munugi.-, huv< ing !i good dcid of busiui-ss constantly on hand, ncc»!ssurily comiectcd with the command of tlio Frontier und two or three detuchments. I [)uid u pound u montli for fuel for that room, as my Colour Sergeant and an orderly room Clerk were thcro consiuntly writing. I received — u fev; days before I Icift the St. Clair for Chatham, to attend tho Court of En(iuiry, nilativo to tho man Griftis — a letter from Liuut. Colonel Young, requesting that I would collect, from my two SubaU terns, and setul to him, together with one of my own, u day's pay each, as a subscripliun* for fuel for tho Regimental SchooUroom. This was an outlay which ought to have been placed against tho account of the llegimental Fund. 1 asked my ;vvo Subalterns for their subscriptions, but ihcy, as well as myself, having some charges against the fund, declined pnying any thing more until the liquidation of our claims, which I signified to Colonel Young. In mentioning those three instances of the iniauppropriation of tl»e Fund, I wish it to bo understood that I could mention other expenditures, which were found fault with by all previous to my leaving the Head Quarters. In obedience to tlie order, I left the St. Clair for Chatham ; and after the proceedings of the Court of En(|uiry were closed, I re- ceived another order from Lieutenant Colonel Young, to return again to tho Frontier, as early as possible the next morning. On the samo evening. Captain Chambers camo to me, and demanded, on the part uf the before- mentioned OiTiccr, a meeting in the morning. I sent my friend, Li<;utenunt Tench, to Captain Chambers, to say, that I could not possibly meet his friend, for certain reasons, some of which were stated at the time. I gave rhy friend instructions, in the pre- Mcnce of two other officers, to say, that if Captain Chambers should feel himself at all aggrieved at my refusal, I would be happy to meet him. My friend returned, saying, that Captain Chambers did not appear at all olFended, but kept repeating to every thing he saidy " 1 shall wash my hands of the affair — it is nothing to me — I have done my duty:" — so that Mr. Tench had no oppcjriunity uf request* ing him to cliange places with his Principal. Nevertheless, we re* mained up 'till latu that night, expecting that he would alter his mind, or that his friend would make him do so, but to no purpose. Next morning, according to order, I startccl Tit day-light for the St. Clair, and was posted, in the usual manner, as a coward — my friend Mr. Tench signing, and also posting, my reasons for not meeting my op- ponent. A despatch from Loinion, for the St. Clair Frontier, over- took me, from Chatham about seven miles, at a village, where I was delayed answering it ; at which place, also, 1 was overtaken by three officers of the Regiment, who had driven after me to inform me of ^hat was going on. This number out of tho few at Head Quarters * This was besides ilie subscription to the Fund, which would have made two days' pay in that nioutli. rf ft (seven) will prove tlint I was not nlono in my oi)inion of my ndrcr. hury. Hy those oHicors, 1 was inforrjiiMl that a Koport had been do. innndcd Iroin my lulvctrsary, of tho trMnsMction, and that it, together withono from ColoiHil Yonn;?, who only knew what Capt. Chambers choBH to toll him, had l)ccn forwarded, through Colonel Love, to tho Lieutenant Governor. My report might easily have been obtuinoJ by tho despateh from Chatham, that overtook me; or if not by that moans, both Colonel Young and myself had troopers under our ro. wpectivo connnands, ready for any ecnergency. They also told me that my adversary and Lieutenant Teiieh had been placed under nrrest, but that Captain Clinmbers wos still doing duty. Lieutenant Tench was my friend: why was not Cnptain Chambers also put un. dcr arrest ? Tl»e Colonel knew that ho had been tho bearer of a message to me that morning, and the frienrl of my opponent. Now, tho reader will bear in mind, that from the moment that I refused to meet his Principal, he was as much interested in my downfall as tho other; and from th(5 fact of his not b«ing under arrest, as my friend was, and from his being Adjutant of the llcgimmt, and oftener with the Colonel than any other oflicer, had the greatest scope given to his determination to injure mf\ And it is an extraordinary fact, that ho was allowed to vote nnd give his opinion, as if he had been an officer not at all implicated in the transaction, and one acting from a sense of right, instead of one sitting in judgment upon his own case. As will be proved, he proposed, at difli rent times, that three oflicers should not be associated with, merely because they were his oppo- nents, and the Colonel to whom these propositions were made not only permitting but seconding such conduct. Instead of being plac- ed under arrest, he actually obtained leave of absence, which he took advantage of by going to Sandwich nnd influencing the oflicers of the detachment there against me. One oflicer from the Amherst- burg detachment wrote to Mr. Tencli, to ask the truth of his reports, as the improbability of them was sufTicient to prevent his believing them In speaking of Captain Chambers and his principal I cannot make use of the wordyWrnr/, for he did not act the part of one who in the least cared for the honour of the party for whom ho acted. Captain Chambers' opinion of that ofTicer was the same as mine, nor would he ever have stood as second to him, but that he could not well refuse when asked, as at the moment he was under a great pc- cuniary obligation to him.* An hour after I had refused the meet- ing, having reflected with three other officers upon the injury my re- fusal might do to the regiment and to the Militia service, I requested Mr. Tench to go to Captain Chambers and say that for this reason alone I would consent to a meeting. Mr. Tench went, but Captain Chambers refused to carry the message to his principal, and said again that he had washed his hands of the aflhir. Had Captain Chambers any real friendship for my opponent, would he not have • This was a Bill of £50 Sterling:, which my opponent had endorsed for Captain Chambers, and which coming back protestpd ho waa objigod to aeid* «t the Bank aa Captain Chambers had not tho means. ,. . ,,, , ,,. ,, ,^,, ,,,.,« y ndrcr. been (io< together Im inborn r, to tlio obtuinod t by that r our re. I tuld me id under cutcnnnt 3 put un< irer of a . Now, cfused to dl OS thn iy friend ncr with 'v.n to his t, that ho in officer ) n sense !»90. As ! officers his oppo- iTiade not Ing plac- h he took liccra of ,\mherst- s reports, beheving I cannot one who ho acted, nine, nor ould not great pc- the meet- •y my re- requested reason Captain and srdd Captain not have dorred for Cd to HClli* been glad to have taken thin second message of mine ? I^Ty adver^ sary has since answered me that ho never heard of my having sent my consent, unMl a fortnight afterwards — and that if it had been conveyed to him, he would have met me in the morning, and thus have saved all the after disturbance. Hut no, Ciipfnin Clinmbers cared not for the matter, he had done all that he hnd bcon obliged to do, an J as he expressed it, had washed his hands of the matter.— Captain Chambers was «)nly asked at the eleventh hour t<> n and as a friend ; the one engaged ni first, and who had been a fortnight or three weeks intended for that purpose was suddenly disnii.ssid upon my arrival in Chatham, whether they thought that I should have kicked him down stairs * or not I don't know, but he received his cong«J. Lieutenant Colonel Younj^ had reported the circum- stance to the Lieutenant Governor. I had returned to the St. Clair, and awaited the result of the communication; and now commenced the attacks of a party, which were kept up with the most constant diligence, from this time until I left Chatham some months after. — Some of them will be laid before the reader who will believe me when I say that I never could have parried them, had I not been sup- ported and countenanced by some honourable and distinguished in* dividuals, both officers and civilians. I was one day visited by two officers, who had just arrived on the St. Clair from Head Quarters ; they both shook hands with me and said *♦ Muttlebury we are ordered by the Colonel to tell the officers on the St. Clair that you are to be cut."t I en- quired jmrticularly of one of them the circumstances, and whether he could not bo mistaken : lie answered " Oh no, for the Colonel reminded mo just as I was coming away." I have a witness ready to prove the delivery of this message, as the same of- ficer mentioned it to him, and in fact is ready to prove that Colonel Young gave it to him. I am the more particular in mentioning this unmilitary act of the Colonel's, because it j)rovc3 how he tried to in- fluence every body against the opponent of a party just formed, and of which he ever after took such an active lead. The officers on the St. Clair were, two Lieutenants, and an Assistant Surgeon, and two Commissariat Officers, all more or less under my immediate command. I received an invitation to meet them at dinner the samo evening on which the message arrived, and I remarked to one of those who asked me, why how can you ask me after the Colonel's mes- sage ? His answer I need not repeat, suffice it to say that I d.ned with them that evening, as also the bearers of the message ; nor for the remaining six or seven days that I remained on the river, did \ dine at my own quarters. To this very day am I on good terms with every one of them. Such was the result of the most unmilitary mes- sage that possibly could be sent to a set of officers relative to their immediate superior. Had those officers not been gentlemen, and * Which I certainly should have donr, he being without oae single excep. tion the greatest blackguard in the District, f I wrot* these words down within five minutes after they were uttered. * ^ I ^ ■■=! 10 had they chosen to have taken advantage of that message, what sort of discipline could I as the Commanding Officer have maintained ? And for what reason did Colonel Young not wish me to be associated with? For not granting a meeting, which he as Colonel of the Re. giment was in duty bound to prevent. Colonel Young had never asked me wliy I refused, before he sat as Judge upon my conduct ; nor have I to tliis day ever been asked the question by him or any other of tht! party. — No, Colonel Young and Captain Chambers both knew that 1 could sutisly them amply on that score. A few days alter this I received an order to deliver up the command, and proceed to Chatham. My men were stationed at various parts of the river; and the accounts of a Compa- ny which had just arrived from Amhcrstburg were in the greatest confusion, not having been settled fur two or three months. To hand over my four detachments, (some twenty three miles apart) with the Barracks, Accounts, &c. &c. necessarily oc- cupied me lour days, I knew that I should not be wanted in Chatham, before nine or ten days at the soonest, as it afterwards turned out, so detcrmineil to settle every thing at once ; and al- though the Colonel knew where I was, and what I was doing, I was returnid absent without leave,* in that weekly report. I only mention this trifling incident, as one of the many petty annoy- ancea I was subjected to afterwards by the Colonel and Adjutant, and with which I shall not trouble either my reader or myself with enumerating. Upon my arrival in Chathum I stopped at the house Occupied by Lieutenant Colonel Young, and sent tlie driver of the Sleigh in with the report of my arrival, which I had previously written for the occasion : while waiting the return of the messen- ger. Lieutenant Colonel Young came out, and I of course, alter the message, did not give him any opportunity of showing the example to others of "cutti)ig " me. — To my astonisLment he addressed me with " Well Muttlebury how do you do ?" I turned round and made him the formal salute due to my Commanding Officer: he proceed, ing to ask me whether the sleighing was good or bad, and whether I had any news, &c.— Of coursu he little dreamed of my knowing the message he had sent to the St. Clair. Sucii* wav Ins manner, that the driver of the sleigh, a respectable farmer from the St. Clair, whom I thought to be in pertect ignorance of it, not having spoken a word to him during the journt y on the subjeci ; remarked to me, upon our proceeding, "Why Captain, I heard that the Colonel had desired the Officers not to speak to you V* Without answering directly iiiis implied question, I asked wliy he had made the remark, to which he replied, "b( cause the Colonel was so civil to yon, and I have heard that such was the case." This he mentioned on his return to the St. Clair to Mr. Sutherland, at whose house I had been staying. This occurrence assured me, that the Colonel had been pushed into an ex. freme line of coiduct by others ; and 1 was the more convinced of this, from the fact, that whenever Mr. Tench and I met Colonel * My authority for this is the word of an officer, who saw the alateinent. sold corn! pay yet)| by si of sj 11 Young .walking by himself , we were sure to be spoken to, but if he were accompanied by any one else^ not even the most distant salute could we obtain. Half an huur after my arrival at the Hotel, I was visited by Capt. Chambers, who had been sent by the Colouel to inform me, thai I was under arrcsi: upon my asking for what reason, he proceeded to rend the report made by the officer, who had called me out, to Lieut. Colonel Young, as the cause of my arrest. This report had been forwarded to the Lieutenant (xovernor ; and even if it had contained a correct account of what had taken place, the colouring given to it was certainly not in my favor: my report, had it been called for, would certainly liave counterbalanced it. I think also, that Colonel Young might have used a little more delicacy when wishing to place me under arrest, than by making Captain Chambers the organ of his communication. The last time I had seen that officer, he was tho bearer of an hostile message to me, and now he was sent to place me under arrest, in consequence of the results of that message ; while he himself was free to do and say what he tho\ight proper. This muy appear but trifling to the reader, but he must remember that our absence from the Orderly. Room, and consequent ignorance of what was going on there, shackled much the movements of Mr. Tench and myself; wiiile every intimation, wish, or proposi- tion was carried to my opponent with the greatest exactness by Captain Chambers, who had every opportunity of expressing to a willing ear, the wishes and wants of himself and principal. In crossing the street a short time after Captain Chambers had left me, I was next accosted by a magistrate, who in the politest manner possible, swore me in to keep the |)eace towards all Her Majesty's subjects, for the space of one year, under a penalty of J£40, refusing, ut the same lime to give me the name of the informer. The next event, ('for it never mins but it pours') 1 discov. ered by the merest accident, so secret had it been kept from me, which was, that another Memorial* had been sent to the Gjvernor General reflecting upon my character, and c<)ntaining the most absurd and gross falsehoods. The two principal performers in thiit calumnious business, were two Officers of Militia, one a lato Captain, and the other a Subaltern in the Reginjent. The rea- son why the first took the field against me was not only from his being a particular frit;nd of my «)pponent, but because I had been, by tho merest accident, ordered to sit as President of two Courts of Enquiry i\\K>nhim. Tlie tirst was to investigate charces agunsthini, of havin;^ coiniived at the Government rations, b.^ing sold to the Americans: allowing rations intentietl for men under his command, to be eonsum;'d at a tuvern kept by his Subaltern; drawing pay for m jre m; n than he really had, &;c. &c. (fur I could go on yet) ihc result of which was; his Lieutenant was dismissed the service, by sentence of a Court Martial, and he, at the expiration of his time of service which occurred soon after, was not allowed to re-enter thd • This will appear also in the Appendii. *• 12 ^cgt. but another Captain wua appointed in his place. The second Court of Enquiiy, as I before slated, was to investigate debts due by him to civilians on the St. CInir, and the soldiers lately under his command. In these investigations I of course did my duty, not ac- tuated by any personal feeling towards the man himself, with whom Ihad never exchanged a word, as from the difference of our society, it was impossible we should otherwise have met: yet the opportunity having arrived, which he had long sought for, he endeavoured to re. ducc to his own level, one whom he knew was disgusted with his conduct. The Officer in the Regiment was one also to whom I had never spoken, and in ft>ct one to whom none spoke, and whom I had once reported for having in uniform in the stiects shaken hands, to the discredit of the Service, with five Sergeants of his Regiment, not but what the Sergeants were better educated and more respectable than himself; but the Service never could permit such an infringe, ment of its rules. This same man was tried by a Court Martial tor and found guilty of going while in the Regiment and procuring a bushel of bad coppers, which did not pass there, from his cousin or uncle, a keeper of a toll-gate, and selling them in Chatham by means of little boys! he also was a particular friend of my op. ponent. However, these two, assisted by a Constable, who also had a little interest among the classof men who signed that paper,actually obtained between thirtyand forty signatures,the remainder (there were sixty -one names attached to it) vfere forged, as the owners of them fully proved to me afterwards to be the case. One man wrote to the Lieutenant Governor that his name had been forged, and that he had never known any thing of my character, but what had been perfectly correct. I received either a written apology or a verbal one from nearly all that did sign it.* One man was a private in my own Regt. whom I did send for, and questioned as to whether he had dared to sign his name to that paper ; he strongly denied it, and assured me that he had never seen it.f This showed their ideas of Military discipline and honor, and how fit they were to be Officers. The reader will find a copy of the petition and its answer at the end of this pamphlet. But while on the subject of petitions, let me shew the fate of the first one, which being decided at this time, gave another grand opportunity for the display of malignant feeling. The peti- tioner, the man Griffis, had received a letter from the Provincial Se- cretary, informing him of the decision of tha Court of Enquirjv which acquitted me of all blame, and begging him if he still felt ag. grieved, to refer to the Civil Authorities. Accordingly this ignorant fellow goaded on by others, repaired to a Magistrate, and obtained a warrant for my apprehension, (a summons he said would not suit him:) in obedience to which I was taken into custody by the Constable, the friend of the officer who had been so active in both the petitions, * This was given voluntarily, as I never condescended to speak to them on the 6ut)ject. t This I believed, as bis name was written in the same band.writing with several others. V 13 mc and marched through the streets to the Magistrates Office. An Of. ficer of the Regiment, one of those whom, Col. Young had stated would not speak to me, came to me with twenty dollars in order to pny the fine, which we exported would be the result of the invest!* gation. But no. I ob*u' ; at the hands of the Magistrates that justice, which from the dcitif aor and conduct of those assembled to witness the trial, 1 had ratiiet despaired of iinding. A decision was given, after a careful investigation, of " justifiable assault," the Coni- [>lainant to pay the costi^. 'rhe Officer, whom I before mentioned aa javing given such an incorrect statement before the Court of Enquiry, now gave such when put upon oath, that had I anticipated it, I should positively have called upon him as an evidence in my favor, and in his answers to two questions put to him wholly contradicted the an- swers he had {)reviously given to the same interrogatories. The next occurrence of importance was the assembling of tho second Court of Enquiry, to investigate tho reports of Lieutenant. C«»lonel Young, and mj o()ponent. This was oa the 17th February. Witnesses were called pro and con, but I shall not trouble the reader with more than one fact, relative to this long investigation, wishing to make my story as short as possiole. I had in my statement to tho Court asserted that most of the Officers at Head Quarters, had agreed with me in my opinion* of the Officer whom I refused to meet. 1 was called upon to prove this statement — I accordingly began with Mr. Dcwson, the Surgeon, as he had been the most active in creat- ing this disturbance — I asked him, through the President of the Cjurt, three questions, which, if answered in the affirmative, would have proved tliat he acted in a much more determined manner than I had done, with regard to the conduct in question — To these questions he answered " No" — denying every thing. I had two Officers in the room as witnesses, ready to give their testimony, that they had seen and heard him do and say wliat 1 had asserted. One of them had entreated vne not to call upon him if Mr. Dewson should deny what he had done — I, in consequence of this, and not myself liking to prove an Officer guiliy of a deliberate and predetermined falsehood, told the Court that it was a delicate thing to do, and that I should not proceed. — The President wrote this down in the proceedings, and I lell him to judge of the manner in which Mr. Dewson answered those questions, as to his guilt, which 1 am sure spoke plainer than I could have proved. f I have often wondered since, how I could have shewn so much forbearance. None has ever been extended to me by ar.y of the party, nor even by Mr. Dewson. After the Court had finished their proceedings, they retired and sent their Report to • My reasons for not meeting my opponent, were not Inken down by the Court, who snid they hnd noihing tu do wiili ihem, and upon my it'llin;^ them, that my only object in liiyiiig tlieni before them was to disprove the charce of cowardice, one and all declared, that they were convinced, from the certificates I had also laid holore thoin, thiit 1 could not have been actuated by any such feeling, and would report so to the Lieutenant Governor. t And the Court did judge, for Mr. Dewson was reprimanded severely for the part that he had played. 1, J ^ 14 the Lieutenant Governor. — As the Officers were coming out of the Orderly Room, one of my Witnesses went to Mr. Dewson, and asked him liow he could deny what I had stated he had said and done ? He answered — " My good fellow, what else could I do ?"— The Officer came and told me of il immediately. Mr. Dewson then went to ihe other Witness and asked him how he could have told mo that he know any thing about the matter. Both these Officers are still ready to come iorward to prove these things. Thus did he ac- knowledge himself to have told three deliberate falsehoods to the Court of Enquiry. I ne^d hardly, I suppose, tell my readers that an Officer is as much, if not more, bound in honor to tell the truth to a Court of Enquiry, us if he had been giving testimony before a Court Martial, where he would have been sworn to speak the truth, and the whole truth. In the latter case Mr. Dewsou would liave given the same answer. To the justice and uprightness of the Officers, who composed that Court of Enquiry, I owe much ; as every thing was done by those opposed to mo, in the most underh;uid way, to prejudice the Court against me ; but the candour of the Officers of the Court was such, that they told me what they considered most material, that they had heard in private. The President informed me that he had been told, that when Captain Chambers had fust brought me the message, I had agreed to (iglit, and that afterwards I refused. I told him, that of course on the impulse of the moment, ujion being requested to fight, I had said yes — but that soon after, when I remembered my determination not to meet the man, I sent my tViend over to say sot The President then told me he had expressed that as his opinion to the Olficer who had told him of it. It was likewise mentioned to the Officers of the Court upon their arrival, that Captain Multlebury was not associated with by the Colonel or any of the Officers, Now I will prove the falsity of this statement. Tlie Officers at Head Quarters at the time were — Lieutenant Colonel Young* Captain Chambers^ Mr. Dewson, Mr. Duggan, Mr. Frazer, Mr. Wells, Mr* Tench» kind of course the Officer wliom I refused to meet,' with whom it was not likely I stioukl be on any particular terms of intimacy, consequent- ly placing it with my own, I do not count his name with the others. (There was another Officctr,* whom I have not mentioned, because he was not allowed by any to pass an opinion on any subject, and was almost a non-entity in the Regiment, so I intend him to be one here also.) The first Officer is Lieutenant Col. Young, whof had only •The man of the Brass Copper notoriety. t Not taking into conoiderBlion hi« predisposition not to be very famiiar with me, on account of the Rogiinenial Fund businesa. 15 It uf the }(>n, and said and do ?"— son then told mo icers are Id he ac> a to the ders that the truth before a the truth, )uld have osed that by those le Court VQS such, they had teen told, jssage, I him, that uested to )ered my Hay so. )|)iui()n to led to the uttlebury irs. ^IHcers at )m It was [ispquent- e others, ecause he and was one here hud only iiniltr with heard one side of tho story, and was not inclined to hear the other, be. cause the transactions which I blamed had been allowed by him, and if proved would of course do much injury to himself and Uegt. Was it likely that he could say much to mc, considering the terms of intim* acy he was on with my opponent, with whom although under arrest he used to walk the streets ? The next is Captain Chaitibf>rs the Second of my adversary, who was as much interested as the latter in my ruin, and proving me to have bt;en in the wrong ; no wonder that such a proposition should emanate from him, especially as we were not on speaking terms, when the occurrence took place, owing to some money transactions which will be explained. The next is Mr. Dewson, whose veracity before the Court has been shewn to the reader: one who acted such a low dirty cowardly part from the very beginning, which brought on him the severe reprimand of Sir Geo, Arthur; and whose countenance and manner, when interrogated by me, before the Court proved him to be a deliberate ■ without the necessity of his after confession, fie never could have presumed to speak to me.* The next, Mr. Tench, I should not mention as he was my second, but that I have spoken of Captain Chambers my adversary's second. 1 defy my greatest enemy in this affair, to mention any part of his conduct while in the Second Battalion, that was not perfectly becoming the character of an Officer and a Gen- tleman. Of the other three, one was certainly cool to me for a short time, but told a fri(Mid of mine, who asked him why he was so, that it was, because it was the wish of the Colonel. — This Officer told the same Gentleman the other day in Toronto, that he wanted much to see me, to apologize for having been so for one moment, as he had since learnt that the (Jolonel had no right to ex- press such a wish or command. Another has always spoken to, and been intimate with me to this day. The other told me that he had never seen any thing ungentlemanly in my conduct, but that, from his situation, he was obliged to do what the Colonel wished. I have dined with him many and many times since the report was given out, that I was not associated with. I can yet bring more proof of tho gross falsity of this report : My opponent said to one of the last, mentioned officers, on the day al'ter the Court of Enquiiy, as a re- proof, " Why, I saw four officers to-day, who could be tried by a Court Mtirtialf for speaking to Captain Muttlebury." The officer spoken to, determined not to he brow-beaten out of his opinion of me, and yet wishing to act correctly, went to one of the officers who had composed the Court, (a Captain of a Cavalry troop in London,) and asked him whether he had discovered any thing in my conduct during the investigation to authorise his cutting me. The answer was, "No;" and the enquirer came and spent part of that evening with me. I • I wish it to bo pnrtioularlv iindersfood ihnf I apenk of the Surgeon, whose brother, Lictiienniit Dewson, ia as fine and honorabie a^young man, as " ihe D.K!for" is the reverse. tThis showed the underhand means taken to injure me, as my opponent who had served before knew that such was not possible, but he thought he could im« poa« upon the behef of a Subahern, 16 M have frequently had the officer of the guard, when going his rounds at night, in my quarters, spending half an hour with me. With re. gard to the officers on detacluiient, they knew notliiiig but what had been communicated to tliem by Lieutenant Colonel Young and the Adjutant. I dined afterwards with two of tliosc stationed at Amherstburgh. Of the other two, one wcs a man to whom I never had nor ever could speak, except upon duly ; and the other was one also to whom I could only show mere politeness and civility. Tho officers on the St. Clair, with whom I Imd been stationed, and who knew me, speak to me to this day. The only officer wliose acquain- tance I in the least regret the loss of, was Major (then Captain) Sparkes, an officer, and a gentleman in every sense of the word. I merely knew him to speak to him, and had only met him once. But what does Major Sparke know of tho matter? Notliing but what Colonel Young or Captain Chambers have chosen to pour into his ears. Now, after this explanation, let me ask, what would have be- come of the Report, if the Adjutant had not been allowed to place the Colonel's name first on the list ? That was the only thing that at all obtained credence to the report. Look at the fact of the very offi- cers, who brought Colonel Young's message to the officers on the St. Clair, shaking hands with me, and telling me thnt which was not in- tended to reach my ears. 1 can fancy Colonel Young chuckling to himself, after issuing this "ukase," as he fancied my astonishment in finding that these officers visited St. Clair without speaking to me. Had Colonel Young been asked why he did not or would not speak to me, he would have answered, because I did not choose to meet one of his officers. Did Colonel Young ever ask mo why I wr-uld not/ Pave my j*easons ever been asked by any one of the party ? As the Court were closing their proceedings, they called upon Lieutenant Colonel Young for his character of me. It was as follows : (I wrote it down on paper at the time:) — *♦ Although Captain Muttlebury has " been but a sliort time in the Regiment, he has been under my com. " mand, as Commandant of Chatham, since the 1st of December, *• 1838. I considered him then, as I do now, an active, zealous and "intelligent officer; and, in consequunco, when his Company was " reduced, I recommended him for a Commission in this Regiment, " when a vacancy should occur. His demeanour has always been •• tJuit of a gentleman.'''' This was the Colonel's opinion of one, whom he had wished the officers not to associate with — this is the character of one, whom Mr. Dewson would not associate with. Mr. Dewson said to an officer, immediately after the closing of the pro. ceedings, *' Why, the Colonel has diddled us by giving Muttlebury ^hat character." Here is a sufficient answer to whatever report may have been spread, as to the manner in which I had left the service. This proposition to the Colonel of cutting me, was one of Captain 40han)bers's first steps of annoyance. As a Court of Enquiry was expected, this appeared to him a very important one. Now, without asserting that a member of a Court would be influenced by hearing that one of the officers on' whose case he was to pass an opinion, waa lis rounds With re. but whnt oung nnd tioiitid at n I never was ono ty. The and who acquain- Captain) word. 1 ce. But but what r into his have be« place the .hat at all very offi. )n the St. IS not in> ckling to nishment ng to me. speak to ■ot one of uld not/ f As the lieutenant (I wrote ibury has my com> •ccember, aluus and pany was legiment, cays been \ of onci his is the iih. Mr. ' the pro- futtlebury port may i service. r Captain uiry was ', without f hearing nion, wa« It not ftSSOciated with by hi* brother officers, let me ask tnjr Inilitary reader, what his first impression would be, at iiearing that such was the case? To the justice and impartiality of the officers who com. posed this Court, do I owe much ; for I had been judged and con- demned long before their arrival. The result of this Cuurt of Enquiry was, that my opponent and myself should resit^n om* Commissions, on account of the quarrel : Mr. Tench was warned not to offend again,* and released from arrest ; and Mr. Dewson wiis ordered to bo severely reprimanded for the mischief which he had been the chief tneans of making. Both of us, accordingly, resigned our Commis- sions ; and now that the affair was over, I anticipated that the party animosity which had existed would cease ; but no : it now burst forth with redoubled fury. Afler the support and assistance which had been tendered to my opponent, by the petitions and reports of Lieutenant Colonel Young, the party made sure that he was safe ; but, to their indignation, they found that both had to resign, and were Still on the same footing, as far as the service was concerned. Sir George Arthur knew not my reasons for not njeeting my opponent. I have a letter in my possession, from his late Military Secretary, stating that the Lieutenant Governor " did not attach any blame" to me for not meeting another officer. And here I must do my oppo- nent the justice to say, that he was not carried away by such a vin- dictive fleiipg as the others. The President of the Court publicly remarked the moderation of all angry feelings between us. His name was made use of by the party, to answer their purposes, f The cudgels had been taken up by a malignant few, perfectly unscrupu- lous as to the means they employed for the furtherance of their own wishes. " ■ " ' ::i The next mcasurie was, to write letters to the difTerent detachments, requesting the officers to sign and send a paper, expressive of their regrets at my adversary leaving the Regiment. Some obeyed these instructions, and some did not. The officers on the St. Clair refused to do it, unless my name was included : another in Amherslburgh did tilso. Had the same request been made with regard to me, it would tiUo have been signed by those who subscribed to ihis, providing the Colonel and Adjutant had signed it, which, of course, was an expres- sion of the;ir wishes. One officer, who signed it, I taxed with having done So, and ho replied, " Well, Muttlebury, to tell you the truth, I acted with duplicity, but what else can I do?" This very oflicer, I should make my principal witness against my opponent, in case of necessity. I know perfectly well why he signed if, and wliy two or three more did. When it was found that the affiiir of the paper Was a failure, a dinner was proposed to be given to my opponent. The dinncr^Was given at the principal Inn in the place, within a half pistol shot of the house in which Lieutenant Tenchij: and myself lived. The drummers and fifers were in attendance, and played away most * Mr. Tench's offence wis in signing his rtame \o the paper which was posted f He secsgthrough them notv, and confessed so (he otber day. >! ~ .• ^ i Still an ofHcer in the Regiment. ' ■' s-.''-' 8 il ! I lit 18 lustily for a couple of hours : this was intended to shew to the in. habitants of Chatham, the ebullition of a general feeling. Why, the next morning two magistrctcs, in speukingon the subject, expressed their regret that such should have been countenanced and assisted by the Commanding Officer of the Garrison, after the Lieutenant (Tovernor had expressed his opinion of the quarrel. And now mark the undecided and vacillating conduct of Lieutenant Colonel Young. He sat as President at that dinner table, and, as agreed, was to pro. pose the health of my opponent. The party assembled at seven o'clock, eleven o'clock came, and no toast was given to the surprise of those who were wishing for it, the ** opposition" began to be uneasy until at last one oi them went to Lieutenant Colonel Young, and re. minded him of it, he assured this officer that he had not forgotten it, but would give it presently ; half an hour more elapsed and at last the toast was given. And what was the reason of this delay: simply this, an officer of Engineers hud arrived in Chatham that day enroute for London, and being invited, was present at the dinner, at about half past eleven, this gentleman was called out of the room for a few minutes, and the moment the door closed upon him, the Colonel arose and proposed the long expected toast ; when the officer returned, all \\ as over. This proves Lieutenant Colonel Young to have been conscious of doing wrong, but di-termined to' risk every thing. This was the conduct of the Commanding Officer to whom all in the regiment are supposed and ought to look for ex- ample. Two of the officers who sat at the table, gave mn these particulars the next day. The dinner was made as public as possi- blc, all the officers in the garrison were asked, some went, and tome did not, but those who went never for one moment imagined the din. ner had been given to the injury of another. One of the officers who dined there, took dinner with me two days afterwards. The officer of the Guard, called in the same night and told me some of the par. ticulars of Colonel Young's conduct. The next thing that Captain Chambers did was to arrest me for an alleged debt. lie swore that he wns apprehensive I was going to leave the country, to avoid paying my just debts. This Captain Chambers knew could not be the case, when he took that oath.— Otherwise what was there to have prevented me from doing so— I was out of the service, owed not a farthing in Chatham, and no bu. siness to arrange. What was there to prevent my crossing to the United States ? I had full warning of his intentions, for I had re- ceived a letter from his attorney, and had been told by mine, that such miglit be the case. I was arrested close to th'e Court House gate in Sandwich, a likely place for a man to be in, who was run. ning away from his debts. I saw him go to the Commissioners, Office, to take the oath, and knew that he had done so. The Party little thought that I, an almost stranger in the District, could ob. tain bail, but two gentlemen offered themselves as bail immediately; Colonel Prince and George Wade Foott, Esquire. , , •. The next thing that Captain Chambers did was to propose to Col. Young that Mr. Tench should not be associated with. The great M,; the in* liyt the >res8ed Lssisted utenant V mark Young, to pro. t seven prise of uneasy and rc> >rgotten 1 and at a delay: ;hnt day nner, at e room lim* the e officer Qung to ik every 5 whom for ex< nf^ these LS possi< nd tome the din- lers who e officer the par* t me for going to Captain oath.— ng so— I id no bu< ng to the had re- ne, that rt House was run> ssioners, he Party jould ob- ediately; le to Col. he great 19 cause of complaint, was because Mr. Tench still lived in the same house with rr I had agreed to proceed to Toronto with him, so waited for the •i>'.piration of the service of the Regiment, in order that we might start. Tiiis was reported to Mr. Tench by two officers in the Garrison, and in consequence Mr. Tench addressed the follow. ing note to Captain Chambers : — " Chatham, 2Ul March, 1840. re. "Sir, ** Having been informed that you proposed one day very cently to one or more officers of the Regiment " that Mr. Tench should be> cut ;" I have to request thr.t you will inform me whether •uch was or was not the case. " Your obedient Servant, ,,:.,., HENRY TENCH." ' ■ ' ANSWER. "Sir, " In reply to your very extraordinary letter requesting to be informed whether I " proposed one day very recently to one or more officers of the Regiment that Mr. Tench should be cut," I beg to state that I am not aware of having made any such proposition, and I earnestly beg to be put in possession of the source from which you obtained the above information." . . " Your obedient Servant, " ' HUGH BEST. CHAMBERS." Mr. Tench answered this by saying, that he would speak to his informant and would let Captain Chambers know the result. Hav. ing seen the officer upon whose report Mr. Tench placed the most reliance, and having been assured by him, that he couki not be mistaken, as he heard Captain Chambers make the proposition in the presence and hearing of an Orderly, and several civilians ; Mr. Tench wrote the following : — , ,,^ "Sir, " My first source of information, I shall not send you, and not placing the utmost reliance upon it I immediately went to Mr. Wells, and asked him whether he had not heard you make such a proposition ; He replied that he had. The matter rests now between you and that officer. " Your obedient Servant, HENRY TENCH." * *• P. S. — I have just seen Mr. Wells, whose assertions on the subject are so strong, and whose veracity on any subject has always been unimpeachable, that I am bound to believe your memory a most feUacious one." ^ "' '' ^ ' ' " * Mr. Wells, juit m the letter was written, came over to our quarters, and told u« he bad just asked the Colonel, who remembered the propositioa of Captain Chambers : consequently this postscript was added. [ 20 Observe the denial contained in Mr. Chambers's letlpr — wl iia^r five witnesses at this moment wliu heurd him make the proposition. The postscript in Mr. Tench's luMt kilter was intended us on insult to Mr. Chambers, and to obtain from liima meeting wliichliehnd ba* fore shown so mucii disincHnntion to give. Mr. Tench procured t^ friend to act for him, who waiteil three days for Mr. Chombcr^'s answer, but to no purpose, and then returned home. On tlie third iiay Mr. Tench was visited by Mr. Cameron,* ond informed that unless lie discarded my ocquaintance, his society would olso be dis. pensed with by the officers. Mr. Tench replied that until ho had seen something ungentlemanly in Cnptain Muttlehury's conduct, lie would continue his friendship. The next morning, Mr. Tench asked Colonel Young in the Orderly room, whether he were ownre of the message sent to him on the preceding day, and whether tho determination expressed in that message had been formed by him. Colonel Young, instead of answering this question in a direct man. ner, asked Mr. Tench, whether Mr. Cameron had not told bin) that all tho officers hud come to that resolution : Mr. Tonch repli- ed that he had; the Colonel answered, *♦ then I am one of the pf. ficers." Upon hearing this, nn officer present stepped forward, and at the very great risk of fulure enjployment, said, "I am one of the officers, and I never expressed such a determination, nor shall I ever do so." Mr. Tench then told Colonel Young, that both Copt. Muttlebury and his opponent had left the Regiment on the sumo footing, both having been obliged to resign ; ond that uniil he had seen something wrong in Mr. Muttlehury's conduct, he should continue to be his staunch friend : and with this left the room. Mr. Tench finding that he could obtain no protection from his Com« manding Officer, reported through him^ the whole circumstance to the Lieutenant Governor.f The next day, Mr. Chambers, having been spoken to on the sub- ject by his friend Mr. Dewson and others who reminded him several times that the postscript contained an insult ; sent a letter to Mr. Tench which he refused to accept, stating that he wished no furtlier communication except through the medium of a third person. Mr. Cameron then appeared, and on the part of Mr. Chambers desired Mi-. Tench, to receive the letter or appoint a friend, — Mr. Tench r^, plied, that after having waited three days for an ansv er, and given Captain Chambers ample opportunity to obtain redress he had re. ported the whole circumstance to the Lieutenant Governor, that he regretted much that until an answer was received ; he could not * Mr. Cameron had lately been eent for, to do duty at Head Quarters, be di. rectly joined the Party, and in fact assisted materially in keeping up ill feeling. He was an attorney by profession. When a friend of mine about this time ask. ed Mr. Cameron why he bad taken such an active part against me, he wai answered by Mr. Cameron, that he knew little about the matter, that the Colo, nel was against me, which was sufHcient for him, and that Sir George bad given Capt. Muttlebury the Company which had been promised to him. t What Colonel Young added to this report or whether it waacver forwarded by him 1 know not, but the report, to the sitrpriae of evary body, was lakan no notice of by the Lieutenant Oovecnor. 21 ffive him any furttier M^tisfactiun without deceiving Itiii Excellency, But that tho moment he was ui liberty hu wuulcl ovuilook Mr. Chanu l^rs'» doluy and sivo him u mcutinp. The next prupusition uf Captain Cliambcrs to Colonel Young one evoiiinfft when the latter wits utoneof the Adjutuut'tj meetings, was, that Mr. Wells should tiot be associated u'ilh. Mr. Weils was pre- sent, (.nd spoke so determinedly to the Colonel, that they were glad to drop tho Hubjecr, and not attempt to curry this proposition into of* foot. The fault found with Mr. VVells wiis, Ikis having mentioned tlie former proposition to Mr. Tench, and for refusing to curry it intoef. feet. This is ihe third Oflicerwhom Captain Chambers Ihas endea. vourcd to injure. Would an Adjutant of u Reginient, have dared to act in this way, had he not known previou;sly thut it would bu agree* able to his Colonel, or I'.iat he could soon make him consent to it? The next, and lust circumstance which occurred previous to the departtire of Lieutenant Tench, and myself, and connected with Captain Chambcrti was ccituinly a most disgraceful one. Captain Chambers wished to obtain posbcssiou of my dog, for the purposes of breeding, and repeatedly sent his servant to my house to obtain Eoasession of it without my knowiclgo. Tliis I uiterwurds was told y an Officer who hcnrd tlie order given at three dilTerciil times to the servant. A gentleman having mentioned to meoneduy in conversation that Cupt. Chambers wanted llu; dog, I told him ho might take it* to Captain Chambers on the condition of my having u pup. This Gentleman, who is ready to prove all I say here on the subject, re- fused to take the dog then, but mentioned to Captain Clinmbers that the dog was at his disposal ; the latter replied that he did not want it with my leave, for that ho would have it without. Upon missing my dog soon after, and not suspecting whore it could be, (for the above answer only came to my knowledge' afterwards,) I concluded he had been stolen. Two days afterwards an Officer informed me that the dog was fastened up in a hay- loft, together with another of Mr. Chambers's. I took a servant with mo, and went to the house in which Mr. Chambers lived and found the dogs in the loft, I ordered tl^Q servant to release both, and givo me the one belonging to Mr. Chambers; which I took (being on horseback) and tied up in a Held a short distance beyond Chatham under the care of a man who was pJoughing, with directions that the dog might be released at sunset, 9JoA permitted to return home. Upon my returning to Chatham, I found that a magistrate had been applied to, for u warran* gainst me, for dog-stealing. I went tp the Magistrate, and, not wishi :; to be again under the custody of ray friend the Constable, by promising to appear at the time he should appoiuft induced him not to issue one. In about an hour afterwards, m:cording to my instructions, I repaired with Mr. Tench to the room prepared for the reception of the Magistrates, and while wait, ing for them to assemble, was informed, that the servant I had taken *This piece of good nature, after what has passed may appear rather extrq. ordinary to the reader, as it does now to me, but my dog being the only one 9f the breed to be obtained, 1 waa not so selfish as to refuse it. 22 with me to the Ioi\, (a private in tho Regiment,) had l>cen confined. Exniporatcd at finding this to bu tho case, I said, in the hearing of all, "it was mean revenge — puniuhing a man tor what ho had been told to do." Upon hearing this, Captain Chambers went out of tho room with his friend, Mr. Cameron: in a few minute h, both re. turned, uiid tlit; ionncr accosted me, and while npcaking to me, 8ud. denly drew a bliui.^eon, whieh liu had concealed under hi;* shooting coat, and struck me two very severe blows on the head. The mo- ment I recovered tlio shock, I threw him upon the ground, with the intention of disarining him, bef »ie i proceeded to return the compli* mont. VViulu thus tuigaged two Magistrates entered the room, and, calliii;! fi*r a constable, orden d me to ilcsist, which I did. After this rencontre, the Magistrates investigated the case of the dog-stealing ; and before we retired into tho next room, while they should decide upon their verdict. Captain Chanjbcrs introduced Mr. Cameron to the Magistrates, as n luirrister who could explain the law to them on this occasion. Mr. Cameron* being permitted to speak, began with some rigmarole or other, to which, as the Mogis. tratcs intended to do justice, they paid no attention. Aflcr some doliberatinn, the Court rc-opcnt'd, and the senior Magistrate, address- ing Mr. Chambers, informed him that they were obliged to disniiss the case as a frivolous and vexatious one, and that he regretted lie was obliged to add that, "//t/s, as well as other cases brought bcforo him, and in which the Military were concerned, had been brought forward with a vindictive feeling, perfectly unbecoming the character of either officers or gentlemen. I quote; here the very words made use of, as I noted them down. Mr. Cliambers had to pay the costs. Mr. Chambers, after he had applied to the Magistrate, thinking he should not gain his point, had soipe idea of abandoning the case, but wos prevented by the entreaties of Mr. Cameron, who offered, in case Mr. Chambers should lose, to pav ''le costs. Mr. Atkinson, a gentleman of the Commissariat Depart ncnt, heard this offer made. Whether Mr. Cameron did pay the costs, or not, 1 cannot say; but had the Magistrates paid the wished- for attention to what he attempt, cd to impress upon their minds before the verdict was given, I have no doubt but that / should have ha i to settle with the constables. In the evening, I sent my friend to Captain Chambers, to demand im- mbdiate satisfaction for the blow. Captain Chambers was in the Colonel's house, and it was with the greatest difficulty that my friend could cb ain a saiisfactoiy answer to the question of. " Is Mr Cham* hers in the house ?" At last, Mr. Chambers came out, bludgeon in hand, and upon hearing the demand, refused to give cither Mr. Tench or myself a meeting, as he considered us in the same light as v)ri*'i -s in the Regiment. Here was an answer to his own challen< ; ) ' u Tench, which the latter had consented to accept — overloiii -^^ ihe delay which had taken place before the demand was made. What * This man rr ist not be mistaken for his brother, a Barrister in Toronto, and who is, if I may piesume to give an opinion, a young lawyer of intelligence and talent. 23 reason hod ho for not meeting mo " Ho would sny, perliupn, becaiua I refused to meet his friund. Even allowing, for one monu^nt, that I had boon wrong in doing so, in my oj)ini(ir), after he had struck me, he was in duty bound to meet mo. Upon receiving this answer, my friend, telling him to prr-pare for the coitmiquenccs, left him. I did not meet Mr. Chambers for four duys u(u i, although constantly on the look < for him ; and on thu muming of tli<- day on which I did rr.oet him, Mr. Tench posted him us-n < '«aid — stiiiii g the fact of Mr. Chambers's chullenge, and the circuiDstaiicns uttendi : tho re- fusal of it. I met him about six o'clu( iho hhhv vf>ning, ounvers* ing with two of his friendn, und, of course, knocked liiiu dow )• The moment 1 had done so, I received n bluw with u slick from dii*' of those who had been talking with him, my arm und stick being seized at the same time. I managed, however, to releust: my arc ulthougli with tho loss of my stick, and succeeded in breaking , two, a *Mifo.pro8orvor, with whicli he had been in the meantime 'tempt. ing lo bi tfi'f ';»y ^cull. Thu moment this was done, we were artedi and :r«v«ttt Chambers.** The Colonel said that they were much mistaken, for he would allow no man to bully him. 1 believe he would not, but he might be easily led by the nose, by any one who either by insinua. tion or flattery once obtained a command over him. The Com- manding Officer of a Regiment (more especially Militia) has a most difficult and delicate part to act, to be looked up to with respect by all under his command. There ought to be a controlling power at the head of a Regiment, to check all commotions which must neces- Harily sometimes arise where there is such a diversity of feelings, opinions, and ideas. Men born in a different situation of life, edu- cated differently, all supposed to act in concert with each other, can it be supposed that they should do so without some such restraining power over them. All ought to look to the Commanding Officer for impartiality and justice. Could I do so ? Did I do so ? On the contrary, I had to guard against his repeated attacks, and those of others, who, but for the support of Lieutenant Colonel Young, would never have presumed to come forward. There was nothing but a continued scene of disturbance from the time of Colonel Cameron's departure from the Regiment, to the period of its disbandment.— All were allowed to act and speak off parade as they thought proper. Facts spealc for themselves. Look at the circulation of the base coppers. Another officer after repeated scenes of the lowest in- toxication with some of the men of the Regiment, runs away, de- serts to the United States with two women of the Regiment, and is only traced by the articles,* by the pawning of which, he alone had been enabled to pay their passage to Buffalo. The same officer is brought back and forgiven, and after being again caught at night drunk walking arm and arm with a Sergeant, and again found in a si- tuation which I cannot name is at last obliged to resign. Another gives his brother officer the " lie" and is called a Liar in the pre- sence and hearing of his men. I could mention other instances of misconduct which never could have occurred had the searching eye of a soldier been held over the Regiment. Could any thing of this have taken place had Colonel Cameron not resigned ? With such a Commanding Officer as that, an officer could not go wrong, his first step would have been sufficient. Tho late Military Secretary told an officer that he never was more surprised than when Colonel Young's re-appointmcnt was put into his hands. Look at Colonel Young's indecision in reading my letter to Mr. Wells, and not saying any thing until he gave evidence against me for writing that letter, — in atiempting to prevent the officers on the St. Clair from speak- ing to me, and he himself upon meeting me addressing me in the most famihar manner. Remember his character of an officer with whom he said he did not wish to associate. Colonel Young's great forte is letter writing, and by it many are deceived. Look at Lieutenant Tench's report to Sir George Arthur, in which he men- tions the proposition of Captain Chambers; the dinner, with the aggravating circumstances attendant upon such a proceeding, taken • 1 believe part of his uniform was in pledge to a " Citizen." 4 8 li 20- no notice of, although forwarded by the proper channel and written in the most respectful manner In that letter Mr. Tench threw hia case entirely upon the opinion of the Major Genera], he even told His Excellency that if he were in the right, he would still, if Sir George thought it would be for the good of the service ; resign. That report was paid no attention to : that letter was never aijswercd. VVhy? Colonel Yoang must have forwarded some very weighty argument with that report, to have en- abled Sir George to ovcrloDk it. I defy Colonel Young to contradict any statement made by Mr. Tench in that letter. Wljat with Colo* nel Young's reports, and the petitions I wonder I was not dismissed the service. Mr. Tench, my friend was treated in a very unfair man* ner. He received a very high character from Lieutenant Colonel Young before the Court of Enquiry. Mr. Tench, as n)y greatest enemy in that Regiment will allow, is an honourable high spirited young man, his great fault was supporting his friend, and the de« termined manner in which he opposed all their entreaties to secede from my cause. Look at the friends of the party, who signed the second petition, not a respectable man among them, the owners of some names subscribed, positively could not write. Put in opposi- tion to the tinkers and tailors who signed that document, the names of most of the respectable gentry of Chatham. Had it not been for the justice and impartiality of the Magistrates of Chatham I might have been much inconvenienced. Major McGregor, the Senior Ma. gist rate has desired me to mention his name in any way for my benefit. To George Wade Foott, Esquire, am I indebted for the most unflinching support, I mention his name without leave, and in apologizing for having done so, thank him for many acts of the most disinterest tn 80th December, 1839. \ '\ ] '/}\y. V>Viitct!n\\ -.i^, .,t • Certified Copy^ ^ \ m\> /' A^ ' .\ lAi --v^l isii u*. 1 fd BROOKE YOUNG, U. Col. .i .«. U;*.eav M ,» jT 7/ ■..•■,! .'• -: ... 'Ai. /fl i-Mu'. 1 \-. ; ;i. ^4 / .•■!-' •'■•iT;. <: tecoBd Hfemorlaa. ' ■ v^.tsp'-C •>{«.■/ jnHT (COFY.) ..-.,-.» To His Excellency SIR! Poulett Thompson, Governor General and Commander-in.Chief in and over the Provinces of North America^ ^c. ^c. ^e. , , , The Memorial of the undersigned Inhabitants of the Town and vicinity of Chatham, in the Western District, and Province of Upper Canada — Most Humbly Sheweth : i •,-..•;-'■ ..•!:. ; i, That your Memorialists have come to tho knowledge of the gross, and ungentlemanlike conduct made use of towards the Rev. William GrifRs, Senior, of the Wesleyan Methodist Connexion, in said Town, by a Captain George Muttlebury, of the Second Batta. lion of the Incorporated Militia, the particulars of which are doubt, less laid before Your Excellency by Lieutenant Colonel Young, commanding said Corps. We further beg to report that during the Jew months said Captain Muttlebury being stationed at this place his general inaniirrs and conduct towards a great majority of the respect, able Inhabitants of the Town have been very ungentlemanly in many insta.ices. However painful it is for us to complain of an officer of such high standing as Captain Muttlebury, yet we do consider the Reverend William Griffis to be an inoflfensive, orderly and meek man as be. comes his profession. — As such we humbly conceive it to be our duty to support him. , ; r> >(?* tiiviKi We further beg to express our extreme regret, that a of the same Regiment, a gentleman who has resided amongst us for many montJis, amiable in his manners and most punctual in all his transactions^ should be brought into any difficulty which may arise from the occasion referred to, and are confidently informed the harsh, ungentlemanly, and abusive epithets made use of by Cap. tain Muttlebury towards took place, upon the circumstances with the Reverend William Griffis, as expressed above. ion which the by Your Ex- IFFIS, Jr. : .-IT ■■• \. emor General inces of North the Town pnd 'ince of Upper vledge of the mrda the Rev. Connexion, in Second Batta« lich are doubt« jlonei Young, hat during tlie t this place his of the respect- nanly in many if of such high ■ the Reverend ic man as be* t to be our duty ;sided amongst punctual in all y which may mtly informed use of by Cap. ace, upon the as expressed