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IMaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les certes, plenches, tableaux, etc., peuvent Atre fllmte A des taux de rMuction diff Arents. Lorsque le document est trop grand pour Atre reprodult en un seul clichi, 11 est f limA A partir de i'angle aupArieur geuche, de gauche Ik droite, et de haut en bes, en prenent le nombre d'Images nteessaire. Les diagrammes suivants illustrent la m^thcde. 1 2 3 1 2 3 4 5 6 P] i- TH] 'If;; A TIEW OF I :-m- \ PRACTICAL JUSTICE, - ;;;.i>r'- AS ADMINISTERED v'' .-'"t-'F^'* or I^OWER CANJLDA, .^ . ■- ■■■■'■■■■■■. ^ 3>I8PLATED IN. 4 A MEMORIAL . ADDRESSED TO HIS EXCELLENCY f THE EARL OF GOSFORD; ■.^ ..'4 ^.' ■4:4,.* GOVERNOR IN CHIEF, ^c. ^c. " ' :- \:A,.,|*V-'' t 1 1 BY STEPHEN BURROUGHS. ? ■'. -«»I«WM«o— ■■J ■ ' i- - !; ■[: rw\ ** Truth is gr«at, and will prevail/* •iK* ' f;,J. .1 *;. VI- THREE'RIVERS : PRINTED FOR THE AUTHOR, BY G, IjjrOBBS. 1836. I-'- V. ^''l ^,A . ■ *■«. fc^. ■.%;r*&- »• ? ■'. A ^ i! i' i' ;'^' ■tf •! >■ ■•.. ' r i i 1^ lu ^ I' .) .i s. . ;u <^i W.i. ^ ^3^1 1^1^, ii / ? f . . •' , ■ ; " ' .^■. «';•:■' .;-,!;ii:uA a .V 1 1 s , « ■■'■"■". - / /-'. n -s~r'i;.' , . , ^tlit-' it^» M«S»(l»4.. ■^*Wj«>V«'ll*«J* i - H K ■ ■ .1. lAj\ • : : '-.. J ' T < T ;\ • f .iiOJii-i.T,'. ^- 1« i Ito His Excellency the Right Honorable Earl of Gosfordf Governor General of Lower Ca- nada and its Dependances, Slc. S^c, The Memorial and Petition of Stephen Bur- roughs, respectiiilly sheweth :— ^ That in the last years of the eighteenth cen- tury the Governor of the Province of Lower Ca- nada issued a Proclamation, inviting all who saw fit to settle on the waste lands of the Crown ; and the said Proclamation communicated a Royal promise to each individual, who should accept of the said invitation and settle on said land, of twelve hundred a-cres, in such place as he might chbdse tb settle. Placing tho most implicit confidence in this Royal promise, your Memorialist in the year 17f)9, embarked himself and all his property, amount- ing to three thousand pounds^ in this concern, by settlinp^ in the north-east part of the township of Stanstead, it then being nngranted waste lands of the Crown, and in a state of complete wilderness. At his own private expense, your Memorialist opened a road twenty-five miles through the wilderness, built bridges, erected milb, and per- formed every other act tending to the generai prosperity of the Townships particularly, and to the Province in general. After four years of extreme exertion and se - vere privations (always attendant on first settle- ments in a forest) yonr Memorialist had fully and v^ completely performed all the conditions on Ivis part to entitle him to the twelve hundred acres of iand, yonr Excellency will readily conceive the painful feelings of deep mortification he must ex- perience to find this very land, together with all its ameliorations, given away by the Governor and Council to another person, contrary to the Royal promise ; and your Memorialist thus de- prived of his honest and hard earned property^ and thereby rediced to a state of abject poverty. Your Memorialist begs leave again to call the attention of your ExceUency to an event whicb took place in 181^, and by which your Memori- aHst suffered injustice which calls for redress^ Your Memorialist was employed by the then Go- vernor to execute certain secret services. Ho was promised for the performance of said ser- vices, ** a handsome provision." For one yeai your Memorialist continued to perform the duties- attached to this appointment, to the utmost ex- tent of his feeble abilities. During this time, your Memorialist fortuitously became acquainted wkb the intentions and preparations of two soldier» to desert, of which he gave information to their officers, and they were accordingly confined. By. law, your Memorialist, for this act was entitled to a pecuniary reward ; and likewise to the gra- titude of his country. Yet what your Excellency wil] deeply regret to learn and believe, for thia very act, your Memorialist was treated like a cri- minal of the blackest nature. For promoting the good of the country, he was incarcerated and pu^ nished like a vile malefactor. On the affidavit of those very deserters he vvas committed to pri- son, where he lay confined six weeks, under a line of treatment too painful to renew the details, and too disgusting for the ears of your Excel- lency. The cause was ultimntely heard before the present Honorable Chief Justice and a Jury, who pronounced the following verdict : — " Not guilty, but has conducted himself as a faithful and loyal subject." From long considering these painful subjects, your Memorialist cannot but believe that justice requires the three thousand pounds to be restor- ed to him, of which he was unjustly deprived by this Government ; with the lawful interest since 1799, together with a fair compensation for his secret services and suffering therefrom, such as your Excellency shall think is just.— All which is submitted with great respect and deference. ^ ■ ! .t «-..• tu •. 3" ;. ; " ■ , « .!l;, '.^ , I ,&0'-.;:M^)=rf ■...;.' .5';' ) ^ ••Oi:I-J( -^ ■i : :n «; : • 'h • ' • - i ^■' . ' 'i : ) * • ' ;' ( '.■ ■'^V, ..ti:!«■,- ..^ : w »'i .1 •■ :- < s \ a >' ;:• ; -^ . . . l-i ; ' 4.« 1 ';.;■:'■?■ ^• - -" , ■ i.'.':t. ,,1 ! I II.: ■'.n .L .Ui> / . ,( ;',.. •^' • Threc'-RiverSf JVovemlrer' ir kjJ ju Stephen Walcott, Esquire. " ' • .'-^ ^^^''^^" SIR, 1 ! ; I : i.l .) U': tVl '■J i i; :\ V.U i;ti;'iieO'; ii'-aii. i^^iu: ?5i.?j5 *v ;j ^g j^ j^^^ of sentiment, feelfng and- information, I have taken the liberty to make this appeal to your goodness of heart. There are some details which will serve to illastrate the Petition which through you Ilay before the Go- vernor for the redress of grievauces ; and whiclv explanations I pray you to make as occasion may require. The person who obtained my property by misrepresentation in Stanstead, as set forth in my memorial, was Judge Ogden, father to the present Attorney General. His Excellency be- ing informed of that fact, will enable him to ex* ercise his own prudence on that point. ^^■'"■^itA-im Although my injuries have lain so long unre- dressed us to become in a measure obsolete, yet time has not alleviated their pressure, or molified their cruel recollection. It will undoubtedly ap- pear to you somewhatstrange, that such barefa- ced acts of injustice should remain so long uu" redressed : It will be my part to explain. When Judge Ogden had, by misrepresentation, done me such a vital injury, true to his own policy, he found it necessary to deprive me of all power of retaliation. In order to effect such- an object>. via he became unceasing in his exertions to render my name odious among all the influential people of this province ; and he was too fatally successful in hi3 endeavours, as you will see by what is sta- ted in the " Memorial," — and even this state- ment forms but a very small part of the strange acts of injustice which I have experienced in this Province for the thirty-seven years in which I have been resident in it. The contest between Judge Ogden and myself was altogether unequal. HisOjfflcial situation entitled him to respect, atten- tion and deference in the higher classes of society, among whom he held constant intercourse ; whilst I was buried in ths forest struggling for a bare existence, isolated from the great world, without any chance to rebut or arrest this strong current of calumny, and vainly depending on my honest conduct towards this country for my ultimate justification. As the question of inquiry is solely between me and this government, I can say with proud satisfaction, that no act of my life can bear even the shadow of infidelity or waut of the most ar- dent desire and endeavour for its prosperity. In taking a long and candid view of the unmerited injuries which I have experienced in this country, I cannot but consider those hardships unequal- led in the annals of civilised society, Enthusi- astically in love with the British Constitution, I was ardently desirous of making myself a wor- thy, useful and respected member of this com- munity. Without the aid of vanity, I can say that I did more for the general prosperity of th« fx Towships than any other individud wliatevoF, even to the present time ;• — and what has been my reward 1 In the first place, a fraudulent de- privation of the whole of my property, by the ve- ry man who had realised the greatest benefit from my expenditures — and this man an Honorable servant of the Crown for the administration of ' * * f r '/'..' I II i( W'A H 1 'U «« Justice ! ! ! One year I attended ftiithftilly and assiduously to the performance of secret services for the Go- vernor. During this time I gave information of an intended attack of thie enemy on our army in the Upper Province ; by which infbrmation only the Governor was enabled to defeat the enemy at the battle of Chrystler's Farm. I expended sixty pounds of my own money, and lost a vAloablo horse in pursuing this business toot eagerly, and finally was compensated by this government with the four walls of a dungeon ibr six weeks, during which time I was treated with an indignity which would have raised a blush on the dark skin of a savage. Pardon me if too warm, — ^^thcse injuries have left too deep an impression to be molified by the lenient hand of time. Allow me to say in ihe language of the Poet, " Deep, too deep eur grav'd on memory's tablet,your rude horrors live." I have spent thirty- five years of my life in un- avaiUng endeavours to obtain rediess for those wrongs. I found the influence against me ren^- deringsuch an object unattainable and hopeless. I have spent the best part of my life in the^^e cruel difiiculties ; and have reached old age in a state of so great poverty as to be dependent on the mea» gre and cautious hand ofeharity for subsistence,-^ when I ought, upon every principle of fair cala- tion, to be in possession of independence and affluence. J have been finally awakened from my deep despondency, by the GoYernor's Speech at the opening of the Legislature— a speech which ought to be deeply engraven on the mind of all who wish well to Canada, and who entertain a love for the sacred cause of Justice. It is with some regret I have found myself com- pelled to speak of Judge Ogden with severity. ** To tread lightlv on the ashes of the dead'* is a rule which 1 wish to make my guide, and the only plea I can offer for my present deviation was the stern necessity of offering a reason for the unequalled conduct of this government in their treatment' fowards me, together with tfre knowledge of the whc^e becoming known, should His Excellency deem an inquiry necessary for the furtherance of justice ; and until that should be the case, Ipray you. Sir, to considerthiscom^ munication as altogether confidential. Should the facts which I have stated in my Memorial constitute a case which His Excellency considers calling for redress, I will then imme- diately obtain and forward to him the evidences for their establishrjent. You will have the kind- ness t9 give me information on that point, and greatly oblige, Yours, with much respect. STEPHEN BURROUGHS, Stephen Walcott, Esq* Secretary to the Governor. you xi C/AiTLE OP St. Lewis, Quebec, 10th December, 1885. Sir, I have the honor to acknowledge the receipt of your letter of the 28th ultimo, en- closing a Memorial and Petition to His Excel- lency the Governor in Chief, in which you claim a sum of £3000 with lawful interest since 1799 ; together with a fair compensation for your secret services and sufferings therefrom : and I have received His Lordship's commands to acquaint you, that, however deeply he may regret that your services should not have been recompensed according to their merit, at the period they were rendered — ^there are no funds at his disposal out of which it would be possible for him to grant you any rehef# I have the honor to be. Sir, Your most Obedient; Humble Servant, IS. UTAJLCOTX, Civil Secretary. Stephen Burroughs, Esq. .J .■ .J. . if'J .'.y">U< : H • I ■.,'.'! .... I -J ; . ^ f ■;')ji:^; i^OV 1-, U,^''^')" !^;-;or-i-n ■ I , yv.^r '.1-' " . - , r . A. a, :?^ .:•• lit y . i vr •• • ■ fc- STEPHEN WALCOTT, ESQ. Civil Secretary. Yours of the 26tli November, in answer to n»y Memorial to the Governor, was duly received — it did not pro- duce that satisfaction for which I was looking and e.xpeclinjr. My case was one of such a peculiar Aature, and attended with such extraordinary hardships, that it appeared to fiie impossi- ble to pass it by without some energetic exertions for redress ; I was well aware that His Lordship's situation was hy no means a sinecure. His task tvas herculean ; he was desirous to dispatch the mass of matter presented for his consideration, with expedition. To give long and laboured attention to each individual case was impossible. He, undoubtedly, gave to my case a proportional degree of attention. He readily saw that the plea of having no funds at his disposal was a ready excuse for ({uieting a question which, if pursued, would be attended with rauch labour, perplexity and doubt ; and would de\ elops a scene of iniquity disgraceful to many acting under this Go- i^ernment, and highly irritating to those whose wickedness had been thus discovered. When I found this return to my fond expectations of the administration of stern and unbending justice to every one, arising from the Governor's solemn pledge at the opening of the Legislature, my heart sunk within me. However, upon cool and candid consideration of the reasons which I have already named, coupled with the probability that I had imperfectly stated the case, even so much so as to prevent his readily understanding the merits of the business, I have ultimately concluded to address to you, for the infor- mation of His Excellency, a more detailed representation of such acts of injustice as call for redress ; with the full expec- tation of gaining his attention to the subject, until he has be- come master of its merits. I have delayed troubling the Gover- nor with this Memorial until the pressure oi Parliamentary bu- siness had ceased, that he might attend to mine with more ease to himself, and with more cflfect in the investigation. 9 iii< As I have stated in my former Memorial, I came into this Province in the year 1799, and settled in the North East part of the Township of Stanstoad, it being then ungranted waste lauds of the Crown. Depending on the Royal promise made hy the tlien Governor for twelve hundred acres of land, I did not entertain a solitary donbt of being correct and safe in my })roceedings. However, afterwards I learned that Colonel Ebenczer Fitch had obtained a warrant of survey, and had actually marked tho Township into lots, and presented his peti- lion to the Government for a grant of it to him and his asso- riates. Considering the claim of Colonel Fitch and his asso- ciates would have a parauiount force to mine, and in order to j)laco my claim beyond the possibility of contes:, I purchased the rights of two of Colonel Fitch's associates, and laid them on tho two lots on which my expenditures had principally been juade. About this time the Honorable Hugh Findley, Member of the Exer.iitive Council, arrived and continued at my house seven days. He was sent by the Governor and Council for the ex- press purpose of seeing and learning the state of the settlers in Stanstead, the lots tliey were on, and the claim they had to their lots. During this time I gave Mr. Findley minute infor- juaiion of my claims, my situation and the great ameliorations 1 had made to my own property particularly, and to the coun- try generally. Mr. Findley made a lengthy entry in his book of memoranda, and then concluded with observations to the following import: " Mr Buiroughs, your exertions in settling this country merit, and shall havo the most favourable atten- tion of the Government. I shall lay the business before them immediately on my return to Quebec, which will remain on record in your favour hereafter. The great object of the Government is to settle tho waste lands of the Crown with good, honest and industrious cultivators. You have met their views ontirely, even beyond what could be rationally expected at this oarly period, by a man of your property ; you will have your reward ; you will find this government ever mark- ed by gratitiwie andjustioe; should you fail in obtaining the whole of the twelve hundred acies here, you will, beyond ques- tion, receive a much more extensive and valuable grant of lands elsewhere. Your associate rights will perfectly secure your property where you have made your greatest expendi- s tores. Pursue your business with perseverance, and success will be the consequence," Receiving this information from such high official authority, I did not conceive how it could be within the bounds of pos- sibility otherwise than correct, so long as any dependance re- mained on the " faith of Government," or those laws of soci- ety which form the bond of unity between wan and man ; yet not more than a year had elapsed before I received the as- tounding news that the south half of the Township of Stan- stead had been granted to Judge Ogden, (\n the room of Col. Fitch,) and that he. Judge Ogden, had negociated an exchange with the Government for some of his lots in south part of the Township for the two lots on which I had made my im- I)rovements in the N. E. part of said Township, under the pret«%«ce of securing the expenditures which /ic had made on those lots ; when, in fact, he had made no expenditures ; and therefore built his claim altogether on misrepresentation ; you will at once see the case in a more extraordinary light, when it is taken into consideration that the official information of Mr. Findley was then before the Executive Government, shewing that identical property to be mine, by every princi- ple of right, which wa& given to Judge Ogden. I am well aware that much will be said to avoid this strong case of deli- berate wrong ; audit will be urged that I ought to have done this, that or the other thing to prevent the loss of my pro- perty ; but I assert with boldness and confidence that I did every thing which ought, or could be done to entitle me to the property ; and even should the Executive Government plead a mistake on their part ; that their credulity was too great ^ in the representations of the applicant for my land, yet as they did the wrong ihcy are bound, by every principle of justice, TO restore to me my rights. If the Governor will institute a fair anrMhorough inquiry into this business, 1 f)ledL'e iny vera- city tiiat he shall fmd n)y statement correct. VVifl it be lo the honor of British justice to have it said that the Roval pro- misa has been made merely as a lure to entice me into the Province in order to effect the plunder of my [iroperty \ Yet this is tliG present staiement of the business ; and such nuist he the appearance in the opinion of every candid man, if no resto- ration should be made. It is said by the first of political wri- tet"s, "that uo tyranny is so odious and detestible as that prac- p ■ ' ; ! • ifi- tiised under tlie colour of law." No man coitid ever experience- the truth of this remark more cruelly and fully than myself du- ring the thirty seven years of my residence iu Lower Canada, }is you will more fully see in the sequel. I now found my for- tune sapped at the very foundation ; I was even denied a»y compensation for my great improvements of this property, con- trary to the doctrine reported hj the present Attorney General 10 the Governor, that settlers were always intitled, bylaw, to the ii meliorations made on the lands of which they were divested. All the fond hopes of a father to provide for his children were blasted with ruin — children whom the partiality of a fond parent had considered as fitted by nature for honorable, res- peciable and useful members of society. The impolicy of tjiis transaction was equally glaring with its wickedness. The general interest of the Province was vi- tally embraced in giving every encouragement to settling the waste lands of the Crown to encourage actual and industrious settlers to clear ai>d cultivate their farms in jierfect safely and security. Was this the way to give that security, to take my land on which I had made an actual, active and extensive set- tlement and give it to Judge Ogden, who, I presume, had never advanced a shilling in the concern, and who, I believe was ne- ver in the Township 1 The emigration into the Townships, pre- vious to this had been copious ; and every prospect was presen- ted of aspeedy settlement of all the waste lands ofthe Crown, by good, industrious and peaceable inhabitants. However, when this transaction concerning my land became known, together with many others of a like complexion, the flow of emigration ceased ; and many, who had made actual settlements, abandon- ed the Province, and returned to their former abodes. By such means the Townships languished to such a degree that at the present moment one town (Rochester) in the State of N. York, which was begun cotemporaniously with the settlements ofthe E. Townships, possesses mor« wealth and transacts more business than all the Townships in their collective capacity, yet possessing no superior advantages in soil or locality. Ma- ny other towns in the U. States, of a much more recent es- tablishment, exhibit the same superior growth and prosperity. IJy such means the original benevolent intentions ofthe Home Government have been defeated, and the interests of favorites have been gratified at the sacrifice ofthe general good ofthe Province in- lite most public and unblushing manner. Allow lue to advert to one, among very many instances of a similar nature. The honorable x"Vlr. Felton received a grant of fiv«- fiiousand acres of land because he uas able to cultivate them. Some years after, he received an augmentation of five thousand acres more, becauso he was able to cultivate them also. Pro- viding the facts had been as stated, I can find no great fault with the principle ; but allowing the principle to be good, it cer- tainly ought to become general. Is there an instance in all the Townships where the poor man— the man who encountt;r- yd hardships of a severity beyond what Mr. Felton ever dream- ed, received an augmentation to ills land, after he had becomo able to cultivate it ? On the contrary, Iwjtidreds of this descrip- tion lost their little all by the rapacious hand of power, after years of intense labour, toil and exertion. The hard handed [jeasant feels these acts of injustice, although he is unable to ex- press them to the world in a forceablo stile; and such acts ol injustice will be attended with r'eletcrous eflects on the great body of the community. It may be answered, that no appli* cations for augmentation had ever been made ; that proper at- tention would have been paid to any such application. In re- ply to this, I will barely remark that as the land business has been managed, the peas||,nt would have entertained full as san- guine hopes of obtaining the imperial crown by application, as ;in augmentation to his land. I liad come into this province myself able and willing to cultivate much waste lands of the crown. I had done more for the settlement and population ol the country than any other individual whatever. So far Irom •^ranting me one foot of land, they took away the two lots which 1 had bought and gave theu< to one who had done noiliing for iho settlement of the <^)untry ; and what was infinitely more cruel, to hide their own injustice, they let loose a torrent of vituperation against me, in order that their own acts might be wtfectHally buried by the astounding cry of" crucify hiu), crucify iiim ! ! !" The truth of all these statemonis I fully believe I shall satisfactorail}'^ show in the sequel. If the social compact in this county had been formed for the purpose of " guarding the strong against the encroachments of the weak," no govern- jnent under heaven overdid, or ever could fullil their duty wore completely. In the case of Mr. Felton, who was eager to keen the roguish and disloyal " Squatters" out of the colul m y!fe iry, he received augmentations to his already enormoDs grants, whilst the simple peasant, afieraseries of industrious and peace- able exertions, was left withoutfurther noticeor assistance from the government ; when, in fact, from this class of settlers the country owed all the prosperity she aver realised. And it has ever remained a matter of serious doubi with many, whether the good and loyal subjects introduced by Mr. Felton, were any better for the Public than the odious class of " squat- ters." If private interest ought to have a paramount influ- ence over public good, all these things are right. The very men who had borne the " heat and burthen of the day;" who had encountered and overcome the difficulties presented by a first settlement in a wilderness, who had ameliorated and made valuable the property of the Public, should be set aside, and Mr. Felton introduced to reap the fruits of iheir labour and privations, it certainly became very beneficial to this individual, but extremely unhealthy to the public weal. To. return to my own individual concerns, a ruinous lawsuit sjcceeded ; and after continuing two years with overwhelming expenses, it was determined that a grant from the Executive could not be set aside ; that it was the best and highest autho- rity known in the Province. When I heard this doctrine de- livered from the Bench, my heart sunk within me ; I could not l)ut recollect that the British Law is express on that point, that when the King makes a grant through mistake, wrong in- formation or fraudulent representation, the grant shall become void, in order that the King slmW do no wrong : yet no power was found in Lower Canada to prevent wrongs of the most fla- grant and cruel nature, if done by the Executive!!! Such was my situation at this time ; I had lost all my property, and found myself loaded with a debt of two hundred pounds, in consequence of striving to retain my hard-earned property. To attempt a description of my feelings, my views of justicti in the province would bo altogether in vain — would be tedi- our for you to read, and painful for your reflections. A contest having existed for some years past between me and the United States, they had employed as their Agent a man by the name of Oliver Barker, residing in the Province, and hoUing a commission under this Government as Justice of the Peace. Of the agency of Oliver Barker for the United States, authentic, legal and complete proof is in the possession of the in [iresent Honorable Chief Justice of the Province. By a war- rant from this said Barker, in his capacity of Justice of tiio Peace of this Province, I was made a prisoner and comniilted to the Goal in Montreal, for making and selling the counter- feit of the bank bills of the United States. It is worthy of notice that when I was brought before Baiker, in his magisterial capacity, I found a large party of wcry respectable Americans in attendance, headed by General Barron, and -^Griswold, Esq. Attorney General, to whom I was delivered over, and by them conveyed in great triumph to Montreal. In delivering me to the gaoler, they gave him peremptory orders to load nm with irons; and exclude me from seeing anyone whatever. It is true the gaoler looked somewhat surprised at receiving such peremptory and unusual orders from Americans, but re- mained silent. These distinguished heroes returned to tlittir own country, and published in their periodicals, a flaming ac- count of this brilliant and dauntless expedition ! ! An expedi- tion by which they laid claim to immortality, and to never fading laurels ! ! ! Indeed the exultation of the Romans on the death of Hannibal was in no proportion to the triumph of the Americans at this wonderful display of courage and sagacity performed by ihexr illustrious citizens. By such aiiexhibiiioii ihey were very confident that the King of Great Britain would feel himself much obliged if the Americans would permit liini to wear his crown in peace and safety. I immediately brought myself before the Court of King's Bench, by writ of/Iabeas Corpi^s and demanded my discharge, as being committed for a /acMvhich constituted no crime, by the laws of Canada or Great Britain. The decision of the court was to the following import : *' Your allegation isjust. No law- exists making the fact as stated in the warrant ofcomniit- inent a crime by our laws. But as a Justice of the Peace is not expected to understand the technicalities of the law, thero remains a possibility that there is something about tlie causo of his committal which may be found a breach of law, and which is not correctly stated for the want of due knowledge ; the de- termination of the court is, not to dismiss the cause altogether, but to hold the prisoner to bail, to appear at the next criminal term, and obey the further orders of the Court." I gave bail and returned to my family ; but considering my- self unsafe in the wilderness, I returned with them to Mou- f i 8 I 1'^ treal", where I might hope to find proteclhn from the laws. These things took place in the summer of 1806. All my servants whom 1 had left to manage my agricultural concerns were ar- rested by Oliver Barker and sent to Montreal gaol as vagrants, and of course, my business on the farm entirely ruined. I con- tinued in this situation until the last day of August, the day })rovious to the sitting of the Court for criminal trials ; and at night I was again arrested, by virtue of a warrant from Oliver Barker, and committed to the gaol. I found that a large con- course 0^ illustrious Americans had arrived to superintend and control this important trial, together with a cloud of witness IVom the Townships and from the States, ready prepared and schooled to testify to any thing needful for this important object.^ I now found combined and organized against me Judge Og- (len and all his interest ; the United States with all their cla- mour, mon(^3' and intrigue, and Oliver Barker, Esquire, Jus- tice of the Peace, acting in his Pj^'cirt/ capacity under the di- rection of my opponents and good countrymen of the United States. This phalanx when duly organized was truly formid- able to a solitary individual, whose sole dependance was his own integrity and a claim to the protection of the laws of his adopted country ; a country into which he entered by the invitation of the King's Vicegerent, with the clear understand- ing that I should enjoy all the rights of a British Subject, so long as 1 was faithful to the King, obedient to his laws and an industrious subject. All these conditions 1 had performed even to a great degree of supererogation. It was now to be setMj whether the conditions would be fulfilled on the part of the Go- vernment. In one instance they had been unblushingly violated by Oliver Barker, his JNlajesty's Justice of the peace and lega agent acting for the crown. However, Mr. Barker had a double duty to perform, one oi honor ^ox his original master, another vfjjrojit for the U. Stales , and as money has a great influence id human aflTair?, he chose, in this instance, to sacrifice honor at the shrine of Plutus and act in accordance thereto, conchulinu; that money would again restore him to honor ; indeed, that a golden key would unlock the door to the highest / respected for a man of strict veracity and unshaken integrity. He was Colonel of Militia and Justice of the Peace. In order to prepare the minds Oi" the Grand Jury to do their solemn and important 'jty of making diligent and strict in- quiry, the acting Attorney General perambulated the Town of Three Rivers like a Bachanalian, proclaiming that he had at last obtained indubitable evidence against me of counterfeit' ing American half dollars, the current coin of the province, which was against the law, and of inundating the country with my spurious manufactory. Such was the situation of affairs, when I w^s called before the Grand Jury to testify the truth in the cause " the King against Barker." Immediately on entering the Grand Jury room, one of the jurors demanded, " Mr. Burroughs can you swear }ouare worth an independent fortune ?" Astonished at such a question, I hesitated in my reply ; at length I obser- ved, " Gentlemen, I think I do not understand your question; the answer by the Grand Juror was : " there, there ; that is hll we want to hear from you ; you may retire ;" this juror together with several others fairly crowed me out of the Jury room ; voceferating, " Mr. Burroughs says he is not a man of independentfortune ; Mr. Burroughs says he is not a rich man ; Mr. Burroughs says he is a poor, poor man." During this bus- tle, one of the Jurors cried at the top of his voice, " Do let us hear what Mr. Burroughs has to say ;" but his cry had no effect. Mr. Cull was next called into the Jury room, and the follow- ing dialogue ensued, as related by Mr. Cull to me afterwards. " Mr. Cull do you know this scoundrel, this counterfeiting swindling rascal, who has made so much noise and done so much mischief in your country, and who has made a complaint against Mr. Barker yo ?r brother aiagistrate, and a most respec- table man! Mr. Cull, in that cool and collected manner for which he was remarkable, made the following reply : " If you m(?aa Mr. Stephen Burroughs, I can readiTy say I know him ; I lived several years his neighbour, and have had much deal- ing:* with him. I never heard among his neighbours any com- plaint of his dishonesty in ani/ way ; and in my various trans- actions, T never experienced any thing like dissatisfaction." Several of the jurors reproached Mr. Cull with bitterness for attempting to support one who at any rate was on the eve of being convicted and hung for coining; alledging that the At- . ! i 18 . lorney General had fifty proofs dgainst in«, each one of which T'as abundantly sufficient to effect my conviction ; they ended by dismissing Mr. Cull in the usual manner by crowding him out of the room. Thus were the passions of the jurors excited to such a degree of frenzy that they forgot every mark of their solemn duty, as the grand inquest of the District As it reklcs to the conduct of tlie Attorney General, I have attributed his outrageous fully to being made a dupe by Bai- ker, rather than to persoii^l malice or considerations of pecu- niary profit. Barker was a complete sycophant, willing to please the vanity and excite the ardent ambl.ic'n of the Attor- ney General ^which was a veak spot in his character j by re- presenting to him, that he was the only man in the Province fully capable of unravelling the deep plans and wicked machi- nations which I had devised ; insinuating to Mr. Attorney General that he M'ould crown himself with fuii blown and never-fading laurels, by such a brilliant exploit, which his pre- decessors had vainly attempted to perform.Full of this glowing view of the subject, he zealously pursued his object, until, in an ill-fated hour, misfortune applying her unrelenting shears to his head, divested him of his high honors, his blushing laurels and his hair with them. After carrying the various half dollars, which he had gathered with so much care and legal sagacity, io a celebrated chemist for scientific examination, he heard the astounding report that they were all good silver. This brought Mr. Attorney General to reflection ; and to a full sense of the hoax which Barker had played at his expense. Deep mortification raud I believe some compunction succeed- ed, but his vanity obtruded a barrier to his manly acknowledg- ing his error and redressing his fault. Eve r after this, however, Mr. Attorney General appeared to entertain a keen sense of resentment against me for having the fro.itless presumption not to he guilty of any of the crimes of which he had so round- ly accused me. In this Mr. Attorney General did not stand alone ; the Public, particular that part who were not my ac- quaintance, received it for granted that I must be guilty of many rnmes, but concealed by the profoundest art. In the particular of concealment they were net so extremely erro- neous ; I had that art to perfection ; yet it was an art not intri- cate, but very simple ; and that art secured my crimes totally fron humun research. This art consisted altogether in innih B 14 eence. Yet this innocence was badly rewarded by the great and toite men of the age. These unnaturally sagacious men, wholly refusing to pursue me in the plain path of common sense and truth, were determined to find me secreted in some dark recess, some intricate defile, some dismal retreat of the as- sassin ; and they eagerly followed this course untill they plun- jjred themselves deep in the mire, and thereby defiled their own -"7'e garments with filth, which time will never deplete or wash away the disgusting stench : thereby fully verifying tho truth of the old proverb, " Great men are not always wise." To return again to the thread of tho narative where I left its course, to my dismission from the Grand Jury room, I di- rectly entered the court house, and the Attorney General im- mediately called on me to come forward before the court, which summons I obeyed ; and to my astonishment heard, af- !er a torrent of vituperation characteristic only of the ruifian, the Attorney General accusing me of not appearing, according to the tenor of my bond, before the court of criminal jurisdic- tion at Montreal, and he moved the court to commit me to jail without bail or mainprizet The court complied, and I once more found myself incarcerated for a period to which 1 could not with certainty, find an end in my own mind. I had always before this time, entertained much confidence in the unshaken integrity and justice of the couit, I now found my- self in a situation to which conjecture itself could not reach. I well know that I had fulfilled the conditions of .jy bond even to the letter; that the present accusation and committal was n mere pretence f for some latent purpose equally evident, .1 now viewed my situation with a degree of astonishment which beggars all description. What could be the hidden design, the ultimate object of this procedure, was altogether beyond conjecture. 1 consulted every person who professed to have legal knowledge, in order to learn this mystery, so totally beyond the ken of common sense. My consultation was use- less. I found them all equally lost in the field of wild conjec- ture, of intric^' e mazes, too obscure for their research. I considered it among the number of possibilities, that some minute circumstance of form in my proceeding had been neg- lected ; and that advantage had been taken of that, in order to account for or cover this strange transaction. Therefore, 1 4ispatched a messenger to Montreal to the Clerk of the Crown, 15 to learn the true situation of the business: my messeiiger sobh returned with a certificate fiomthe said clerk, avouching that no bail whatever was in his office against me uncancelled. It was now considered that my liberation was certain and spee- dy. I had official documents to prove that my confinement Was unjust; and as justice (particularly when tempered with mercy) was the most precious jewel in the royal crown^ I presumed that he who represented the kingly attributes here would immediately do me justice^ the moment ho obtained sa- tisfactory informajion that I was divested of my liberty wrong- fully. Fame had given to the then Governor (Sir J. Craig) the reputation of being a great man. 1 fully believed that greatness and goodness were nearly inscpatable; wherefore, I inferred that the Governor, as dispenser of justice for his royal master, and from the benevolent dictates of his own heart, would rejoice and eagerly embrace such a fair oppoitunity to show his own and the love of justice in the King. Animated with this pleasing tietf of the sttbjeet, 1 immediately memoria* led the (Governor, iccompanied With the official evidence of my unjust confinement. His Excellency, for some reason then altogether unaccountable, did noLcondescend to make any reply. However, it appeared afierwards, that from po- litical motives, " to do the Americans a favour, he left me bound." The Governor having failed rn his political pursuits^ after suffering six months close confinement, 1 Was suffered again to breathe the air of freedom* This course of affairs had the most disagreeable eonsequences on all my concerns^ It was generally believed by th>. reat body of the people that it was the settled intention of the~Go- vcrnment, per fas aut nefas^ to efTect my destruction. This belief encouraged the evil minded to plunder me of my pro- perty ,and those who were ambitious of standing high in the con- fidence of the Government, to contribute their endeavours to encreasemy oppression ; allow me to mention two instances, selected from many, illustrating the truthof this assertion. A certain person stole from me a pair of oxen ; the thief was im- mediately followed, overtaken, and the oxen foQnd in his pos- session ; he was taken before a Justice oftho peace, who de- clared publicly that he dare not meet the frowns of Govern- ment by interfering as a magistrate, in a cause wherein I wan complainant ; consequently the thief went off in triumph,- anc* in possession of the stolen property. 16 w rii: t; Residing in the tovrn ofThree Rivers rojself^ I had left my two sons in the care of my farm iu the Townships : an execu- tion being against me for debt, I wrote to my sons to deliver over to the bailiff holding the execution, certain moveable pro- perly for sale, in order to satisfy the-exccution. In obedience to my directions the property was delivered to the officer, and sold by him at public auction. For this action of my two sons they were arrested for theft by virtue of a warrant of a magis-''* tratf, by hi*"! bouml to appear at the next criminal court to be hoidejiat Three Rivers; and the property sold by the Bailiff, mken from tlitt various purchasers, by a warrant of the same magistrate;-: it-will ^ewell'ty notice that this extremely loyal inajjiarHto exhausted his copious fund of eloquence in dissua- ding my neighbours (rom becoming security for the appearance of i:iy sons liefure ihe court, that he thereby might be able lo <:otninit them to close imprisonment; observing that *' it was the dotenniiiution of the governinent to destroy me and my family, and whuever was found opposing it would be consi- dered disloyaf." However, those arguments were not atten- ded with their desired effect. At the sitting of the court lite grand jury, even- of Three Rivers, had virtue enough to* reject this accusation with the indignation to which it was just- ly intitied ; and thus ehded this painful business. The ruinous expenses of prosecutions, the almost constant inattention to my business, and the frequent depredations on my property, for a series of six years, had formed a coneatina- ti»n of embarrassments, which required superhuman strength to overcome. In addiiion^ tlie precarious tenor of property tame when obtained, formed a prospect covered with the deep- c»i gloonu I f;>und myseU virtuaUi/ denied the protection of law, and the colour of that same law made use of against me with its utmost vengeance. Innocence, urbanity, philanthro- py and unshaken integrity became no security ; no shelter from legal persecution and unrestraiQed depredation. I had a family dear to my heart ns life itself,a'nd that family altogether dependant on me for all the provisions and enjoy n>ents of life. 1 put it to your own heart. Sir, what must be my feelings and views of Canadian justice at this time ? A country to which I had been invited ; a country which could not complain justly thnt there had been a solitary moment when her prosperity hail not furmodii paramount object of all my pursuits. 17 I again t)egalrt to cheri>li som« fafint hope ihat my enemies «ntl liie infaluated miiltiuulo would cease ftom iheir clainniir, their prpjndia;s and llieirm.ul |>rtK"ee(ling« against me. Not « solilary instance ofconviction had taken place, notwiihstand- ing the bitter clamour which had dehrgcd the couniry, every Jiole, corner and crevice had bevn ditigenlly ex|dored by iho most sagacious to no eflect. It was now apparent to every honest and candid person, that the object of. all this noise hud nnjnslly f'allon a sacrifice to th« baser passions against him* .1 (lid some tlatfer niv-iclf with the sympaihy and friendship of tlio reflettinix and virlnons part ^of ^ocie]J'. They.mnstsee that accusations iunuuierabh; hvtd f)een (nade, but witiiout any support whatever. The innate princi[)lcs of justice wouhl ot the object of tbg«» u m •ArvivM more completely llian niysolf; certainly no' ot;e could he placeil under circumsiances of an I'.dvei/iitiuus nature, more fivoruble to theobjecl of my undertakinn;; and it was as cer- tain that no one could have a stronger desire to execute my commission with aeul and fidelity. In order to carry my uii- tiertaiviMg into etfect, I had &X{)enoes to meet; rather than ap- ply 10 the governor for advances, I preferred borrowiiig mo- ney to rover those expenees,. fully confident that the sum would bo promptly and gratefully repaid when demanded. In the va- rrouH objects of my attention in the course of the year, I had pnid sixty pounds fbr travelling exi.per>8es alone, and performed fvery other act within my power to promote the success of J ;iy undertaking. Sensible that in- this pursuit many circum- siances might probably occur whidi miglit render my conduct problematical to general observers, I sougl'it for and obtained a document from two of the chief nia'gistraics,. showing that I >r}isin tlm service o-f government, and whatever n>uasurcs 1 adopted ought to be considered as- dwie under tkeir sunctiou and under their anthuritv. Matters were thus situated when I let an out house- to two soldiers having families, and belonging to the Glengary Regi- ment. Ihiring their residence in my out house, I overheard a conversation between them which gave ||ie some alarm, under an appreliension of a conspiracy forming ir. the regjjiient which might be attended with seriotrs consequences. 1 considered i( my duty as a loyal subject to-drscover the truth of the subject of my suspicions. 1 considered that this ditty was still stronger tM mo from my confulentrHl agency, although this object of jnquiry was not immediately connected' with the prime object of my pursuit. Acting under the influence of such a view of Uie subject, I took measures to ascertain the truth of my sus- picion. 1 indulged the soldiers in their ap|)roaches to- moro faimiliarity. I soon discerned that they were impressed with 'he idea that I could not and would not be f^iiihful to a govern- ment which- had treated me with such unheard of cruelty and jnjustico ; they spoke to me of their own wrongs; of the decep^ iion whirl) had been practised on their incredulity ;and ulti- mately disclosed their intention to desert, praying me to write A pass to enable them to travel the country without detection oe interruption. I wrote them a pass, but took good care to write it in such a manner a: to inalvo it altogether ufiavailablo- fd td any sinister purpose. I soon became satisfied that deser- tion was the only thing in contemplation; and that all the threats of sudden destruction to the officers of this regimbnt wero but the vain vauntings of an idle soldiery : no reasons' now remaining to the contrary, 1 removed the mask, and frank- ly declared to these soldiers what were my real views of their intentions and proceedings, together with my own determina- tions relating to them ; that as they had, though uninvited,' reposed so much confideiicc in ine as to communicate their' secret intentions, I felt no inclination to involve them in diffi- culties: and in consequence on condition of their leaving my house and returning to the Barracks, the affair should remain a secret. They promised compliance, but asked for some de- lay. I gave what 1 thought needful, and warned them that I should communicate the secret, if they exceeded the time,, they did exceed the time ; I gave the information, andof cuura.u- they were confined. My enemies again'* cried havoc and let slip the dogs of war," as will be seen in the sequel. When these events took place, I did believe that I had completely discharged my duty to my king and country, to my commission, and to the moral sense ; and with as much prudence as could be exercised. Af- ter reflecting on this subject for twenty years, I have seen no cause to alter my opinion. Yet for this very transaction I was treated with more severity than the murderer, the nightly as- sassin. To my indiscribable astonishment, the next day I was arrested by virtue of a warrant issued by the very magistrate whose name was appond'ed to my document of safe conduct, and by him committed to tlie dungeon, with a demand of bait' for five htmdred pounds ; airhougli the utmost penalty of the law, for the crime of which I was accused, was a fine of forty pounds ! ! i After much trouble and expense, I procured and' tendered the bail of five hundred pounds, but 1 v/a* refused my liberty in consideration of any bail whatever. 1 was accused of ** persuading soldiers to desert.'* The evidence on which this accusation was built was the testimony of the two soldiers who were then confined'in consequence of my information ! ! f Reflecting upon my situation, 1 at once saw that two inte- rests were united in procuring my condenmation. The ma- pstrate whocommitted me was extremely anxious to be thought by the governor in a part!<:ular manner, a man of matchless I! i '. I' ■\l 20 sagacity ; be wished to make this wonderful discovery a proof in point. He informed the governor that he had made the dis- covery that 1 was acting for the enemies of the country whilst I was pretending to perform secret services for this ; that he had most fortunately obtained written documents to prove trea- son of the most atrocious nature. In this simple pass, which he had obtained from the soldiers, he had by his plastic pow- ers discovered ghosts, spectres, tiobgoblinsr.nd monsters, when a school boy, under the influence of common sensc^ would have seen that ii was a mere "tub to the whale," possessing nothini; good or bad but altogether indifferont. He wished to exalt this mouse into a mountain, whereon to build his future fame. He considered in me a very convenient stepping stone to as- sist him in mounting the desired eminence. The other party equally interested in my condemnation was composed of the Colonel and other Officers of the Glengary Regiment. These officers had already received from the go- vernor severe animadversions for the unusual disorders and dissatisfaction which had taken place in the regiment. On condition of my condemnation they believed the blame would, in his mind, bo entirely transferred to me. The military, at that time was all powerful through the province, so that I had no contemptible adversaries to oppose ; I did expect that bri* bery and perjury would be resorted to, to carry such a favorite point : however, in order to do strict justice to all, I could ne- ver learn that it was attempted by the officers. It is true they were incessant, ardent and persevering in urging many to tes- tify against me, but never could discover that they oflfered fee or reward for testifying falsely. I was now thrust into a dungeon, a fit emblem of the black hole ( 4 Calcutta, where so many miserable wretches perished by suffi)cation. I was bitterly reviled by the civil officers, in- sulted beyond measure by the military officers, and harrassed day and night by the soldiery who were [)laccd as a guard around my dungeon ; this took place in the hot days of August which produced suflering of the extrcmest kind. Fame now opened her hundred mouths, and like a volcano boiched forth her vituperations which inundated the provinces and scattered her ashes across ths Atlantic. All intercourse with my family was inhibited i my friends stood aloof in wild dismay, sadly looking for a tatal catastrophe to my eventful life. Allow m<» 21 once again, Sir, by appealing to your sensible heart, to ima> gine for a moment, what must be my feelings at this time, ta> king into consideration that I was husband to one of the best of women, who had forsaken the prospect of a most splendid establishment, to unite her fortune with mine ; as a fond father to children on whom I looked with the fondest belief of their possessing qualifications of great promise ? At the sitting of the court, the present Honorable Chief Jus- tice presided. This gave me much encouragement, from the consideration of frequently seeing him before acting the part of the upright Judge, even in defiance of popular clamour or overwhelming power. I was not disappointed in my fond* an- ticipations. I soon saw ho was determined to try the cause by the rules of law and justice; and not by the feelings of the multitude who crowded the court house to overflowing. Indeed, in order to do justice to others when I am seeking it for myself^ I must say that the Honorable Chief Justice has been the only man I have known holding office in the Province whose moral courage has been sufficient to sustain him in the discharge of duty, uninfluenced by the appearance of danger or publio- censure. The cause finally came before the court for hearing. The petty jury were arranged, and while their names were called* over, the Attorney General removed each one by challenge who- had ever been known to salute me with a passing bow ; thus purifyingthejury,thecause went to trial, and afier hearing every thing which could be said on the side of the crown, even a jury of Three Rivers had virtue and understanding enough to pro« nounre, without leaving their seat, the following verdict : " Not guilty, but has acted as a good and loyal subject.'* This re- turn of the jury was heard, by many in this great assembly with apparent regret, and deep mortification. The whole ob- ject of anticipated future advantage was lost to them in a mo- ment. However, I was suffered once more to breathe the air of freedom, and return to my disconsolate and starving fkmily. I found my pupils had all been distributed into other schools, un- der the full belief that I should never again "be indulged with the blessing of liberty. They were induced to form this be- lief from the oft-repeated declarations to that effect of the higb official characters of the country. My only means of subsistance was takjBn. away. My prospect was covered with gloom- of tl^cw 22 i iS deepest cast. I saw no possible way to extricate myself from this fatal dilemma. I expected, however, that now my conduct having been tried by the only rulo known in society, and by that rule found cor- rect, tho torrent of slander would cease, and that the great men of Lower Canada would, from policy ^ if from no other consideration, put on the appearance of a regard to justice by acquiesing in my innocence, when a jury of my country had solemnly made tiuit declaration. However, in this expectation I was altogether di'^appointed. In the room of abating their torrent of vituperation, they again poured it forth with increased exertion. Tiicy were loud in their denunciations of increased guilt, in my asserting my innocence in defiance of their reiter- ated declarations to the contrary. Under this accumulation of suffering, Dy faithful, virtuous and affectionate wife fell, fatally fell from the pressure of this insupportable load ; and through a broken heart, sought refuge in the arms of His mercy, who is full of loving kindness even to tho smallest of his creatures ; seeing no prospect of mercy or jus- tice in this world, she sought a refuge on a more secure foun- dation. I had for two years past formed an intimate and confiden- tial acquaintance with a man whose name is ever a passport ta honest fame ; a man who possessed a head to understand and at heart to feel the sacred cause of justice. This man was the venerable Abb6 De Calonne ; a name too well known on both Continents to call for any eulogiumfrom me; to him I detail- ed my sad and cruel history without reserve or limits ; he la- mented over the stran<;^c history, and did all he could to obtain redrOwSS for the glaring, united and unexampled injuries to which I had been subject ; strongly persuaded that he should obtain some relief. He wrote largely and animatedly to Go- vernor Prevost on the subject, but finally received for answer that "there could not be so muchsmoake without some fire" ! ! I Previous to writing, I attempted to dissuade the good Father from his undertaking, urging the hopeless state of the case ; that the injiuence against me was altogether irresistible, and that the result to himself would be mortification and disap- pointment. On receiving the governor's answer, he uttered witl» a bitter groan ," Ah ! Mr. Burroughs, your prophetic sugges-* tions were but too correct." ^ 23 OfthejiwticeofthegovcrnorN philosophical, legal and hn- rtmne deductions the course of Providence soon gave him the proof in his own person. He became the subject of general damour and vituperation. He made loud complaint, and very justly too, in being condemned before he was tried. However, so strong is the influence of self love, that I seriously doubt ^^-hether his reflections ever called his attention to the analogy between the two cases. Father De Calonne had, in a letter to the governor, demanded that at least the monies which I had actually expended in the service of the government should be repaid. In order to effect this object equitably, the governor referred the business tothe very magistrate, who had given nif a '* safe conduct," and then commiticd me to prison foractiiij^' under and in accordance to it, to report what money I oughf to receive. This magistrate, without committing his digmtif by making any inquiry of me, or learning from any quarter the data on which my expenditures were made, very humanely allowed the governor to pay me thirty pounds, the half of my expenditure ! I Strange as it may appear, I received this small sum with pleasure, it was the only means within my reacii to keep my family from literal starvation. - In taking a view of ray present situation, I found that I hnd experienced a seven years cruel persecution, attended wiili expences which no private fortune could support. Yet I be- came the object of bitter reproach and keen invective, for hot possessing the faculty of retaining property ; even by those who ought to pour into my wounded mind the balm of cort^o- lation and tender sympathy. What aggravated my sufferings to the highest degree, was the painful consideration of my complete inability to repay the money which had been so ge- nerously advanced by my friends, during my seven years o^ dreadful struggle. What still added to the bitterness of my situation, the most biting invectives were constantly thundered against those friends who had stood undaunted in opposition to the odious practice of legal persecution ; the ex- Attorney General in a particular manner, though learned in the law, and well aware that every man ought to be esteemed innocent until he was proved guilty, was unceasing in denouncing his anathemas both against me and my friends. However, this paragon of moral and legal virtue, Anally became the subject of accusation himself: this gave his mind a neu) mode of rea- soning — a new and corrected system of logic. For any ou» 24 II Ii r-i to uUci- in the softest whisper tiie probability of /lis guilt,-be' lure it was established by legal proof, ^/as a crime of an un<> pardonable nature. 1 have no doubt but the present situation of this extremely good man, must have forced upon his recol- lection his former conduct to mc, and caused him some regret.- But his peculiar temperament was such, that iin would never submit to the disgrace of retraction. Indeed I have too fatally, found that those who have been ambitious of being distinguish- od as tiio aristocracy of the country, have in a great measure forgotten to follow the noble example of the aristocracy of England ; hnd have stooped to the practice of those base and pi ^beian vices, of which they scarcely ought to know the name ; . among which the overwhelming propensity of trying every cause by Biilinsgate dialect, is not the least : so that the ar- gument adopted by Sir George Prevost, that there " cannot be much smoke without some fire," has become altogether pa- raletic. Others who have been basely calumniated had friends,. rel. lions and connections to retort the calumny back on the aggressor, in the same unpolished lingo. It was far different with me, I was a stranger, relying altogether on the Royal in- vitation. Hence I was altogether without support in this kind of warfare ; I was so simple as to believe that angry vitupe- ration and bullying language, contained no conclusive argu- ments, especially to the minds of the great men who were ap- pointed to adnunister the Government. 1 do not expect or even wish that My Lord Gosford should- turn knight errant, and draw the sword in vindication of my reputation. Such a pursuit wi'uld be altogether useless ; but let him give me back my property, and well do I know that those very chaiacters, who have been loudest in their bellowing, invectives against me, would be the very first to bend the knee before the golden shrine » and would even crown it with laJrels of the most brilliant verdure. I am well aware that every eflort will be called into exercise in order to suppress- an inquiry into the merits of my complaint. Many childish and frivolous excuses will be offered li)r the purpose of hiding the truth in the deepest obscurity, liy the same mode of reasoning, as has already been so frequently resorted to ; viz.. the bitterest calumny, they will attempt to divert the enquiry.. By the Royal instruv-tions, I have a right to be heard ; and. to have my Memorial meet with attention. VVill his J^ordship view it loo presuming ia me to insist on that right ? 2r> Tt will undoubtedly be urged thai my complaints embrfrre events of so long a standing, that it will be next to impossible to enter into an investigation, with any fair prospect of reaciiing the truth. But to obviate and altogether remokre this »««m»/i^ ob- jection, I will observe, that almost all my grievances are mat- ters of record. Records spoiik the same language through all periods and in all places. The Records will show that 1 have been deprived of my properly, my liberty, my honest fame — in fine deprived of every thing dear to man, by a course of virula.'it legal persecutions, altogether unexampled in civilized society ; and the same records will shew that these cruellies were inflicted when I was unspotted with blame and untar- nished with guilt either moral or legal. ; Wi etched is that society where -its members are dependant for the enjoyment of all that is near and dear to them, on the caprice, suspicions and wild imaginations of public clamours ; hence arise the necessity of a permanent and established rule, by which the true merits of each character shall be estimated. By this rule have I been tried time after time ; and the help of many thousands of pounds, have been called in to aid and a.s- sist in this t>tWf/ou5 pursuit, until the powers of investigation were exhausted. A.fter having passed the fiery ordeal, con- cerning my legal conduct unscathed, I atn now willing to sub- mit to an equally severe scrutiny, in the discharge of my moral duties of the domestic, relative and social kind. Is virtue a reality? or is it a pleasing expression to amuso and deceive 'Old women and children 7 In the cases which I have men- tioned, virtue has been punished with a severity, beyond what is ever known for crime. Those very people who have been most prominent in these unjust cruelties, have been promoted to offices of profit and honor, whilst I have been -buried under a load of infamy enough to sink a nation. Is this a specimen of British Justice ? If such conduct can, by any means, be re- conciled to anything like justice, I must candidly ronl'ess that at the age of seventy-one, I have yet to learn the first princi- ples of right and wrong. By 4he humane principles of the Bri- tish law, " every man is to be presumed innocent until he is proved guilty. My honorable persecutors were men of legal knowledge and well knew that sacred point of British privileges; and were perfectly willing to enjoy the utmost benefit, in all questions applying to themselves. But they did not choose to allow me that right ; they insisted that I sbotild be esteemed 'I 26 W ' i guilti/ until I had jvroved myse'finnocfin/, and even after I had .''O dono, time afier time, those great men, who were placed, on high as patterns of virtue for the imitation ol the muhitude, 'v^re as incxornblc as ever ; and rather than diminish their own dlgnifj/, by a-.-knowledging their wrong, chose tliat 1 sh'mld sutiur ovc'-y species of misery^ Is virtue an object of rewijrd ? I need not offer proofs tX) His Excellency to support the affirmative. I have a legale equitable and iiidisputablo claim to that character ; and what has been m?/ reward ? When I became a member of this ^."ountry and a subject of this Goveniment, I had more than ordinary mo'.ivo'* to nijike niyself a useful and esteemed mem- ber o*' this corumuiiii}' — this desire was never relaxed for one moment, not even dining my bitterest persecutions. 1 have done all my feeble talents would allow to ^flect such an object ; and U)y reward has been such as you have seen. Permit me -to relate one fact illustrating the truth of the foregoing assertion ; and shewing the ungenerous conduct of my enemies, who wee ever ready to attribute to base mo- tives every action of my life, however good in themselves. Ueing at the distance of ona hundred and twenty miles irom 'J'hre3- Rivers, I there learned that the enemy were mtendiniT and propating for an attack of our army under (he command of I:?ir G. Prevost in the Upper Provinca ; that lie sliould bo apprised of this event was of the utmost conse- • (tience. However, for mc lo communicate th'j to him was ■ iseless and perhaps worse than useless. 1 was distant from thfc Father de Cliilonne 120 hjiles, with '.vho;n he was on terms of « on tide nee ; the roads waro execrable, yet on njature rellexion, I found ii jjossible, through him to irive the ii.ibrjnation reach the Governor. I mowMted my horse, ajid travelled incessantly fiir two niihts nnd one day, until I renched the Abbe de Ca- ionne. Aiiouf ihu nii'ldje of tin.! joiinxy risy horse fell dead iin(l(M n.r. llovvev« 1, I olj-iuned aiioilier, and immediately truve ih(! i(ir.;rnKi*ion. to {lie Governor, only suppressing the ]v:)o\vled::e of the eii.iiinei throiiidi v.iiieh he had '.'btJ'ined [he. inteli)g. 'i i;i^ ijiroroiaiion eii«bled Sir (ii:orge lo prepare for j'io (O'iiin:: rvt'iii ; j.iil ihureby lie d( feated thy en<;n,y ::t 'h'! biitile (tf ( hryytkr's faias. r^t'ch has been my condn'Cl /ir.co I saw fit to accept ilic royal invitation to becoii«e a mem- l.T and subject ul' his government; and I dely my bitterest enemies, wr;h all their plastic powers to assign a dishonorablo ,.r unworthy niolivi- for this couducf, for il is a fact tliat hds ^7 I beott always unknown, to all except the Father Dc Calonno, even to this day. I hope that no expression in (his Memorial may prove un- pleasant to His Excelle.icy. Should that be the case it wa« not intcndeJ, rJiid I pray his Lordshi|> to do inc the justice to believe it. I have told my simple tale without consulting with any one, I did not wish to involve my friends in difficulty by exposing them to the unrelenting vengeance of my enemies with all their matchless purity of heart. They cannot justly impeach any one of my friends in favoring my proceedings, when they were altogether ignorant upon the subject. When this memo- rial shall come to the kncvledgeof my enemies, their indigna- tion will be excited ; and all their energies will be called into action to inflict every species of revenge in the compass of their power, through uiy friends they know they can inflict the deepest wounds, for that reason 1 l>ave left my friends entirely out of the question ; and shall breast the storm single handed and a- ione, under the fullest confldence that the exalted mind of my Lord Gosford will look above the consideration of words and forms, where the intentions have been good. 1 have made use of such expressions in communicating my unvarnished tale, a« p.ppeared to me best calculated to convey the simple truth. My .*hould suffer a reiteration of the most nstounding acts of injustice for seven years in succession, and that eveM-y such act of in- justice bhonid be of that prculiar nature as to be beyond the power of redress t I am unable to command attention to my suffering. 1 am too weak to ofier the motive of fear, or the exercise of the L xialionin as a motivij to call attention to my d(?plorable ca«e ; I have nothing but the simple plea of justice to offer, yet that plea is strengthened — strongly supporttsd by promises of the most solemn nature from the Throne, from the Home Government and frofu your Lordship's opening Speech nt the first Session of the Par- liament, after we had the happiness of your Lordshij)*s presence r; tlu' Pr< vi'ice. ?hall all these prom i;«es, in the event, prove to be mere words without meanin<; \ a mere *' tub to the ;a my ithful pro- re J le- an (1 , mi- never riiisli t with mpt 1 ncati- ration seven :ofin- as to inable \m too fercise ention (It the plea is lises of . from :i ship's 10 Par- )f your mil all i mere to the whale/' a perfect ignis faluus> Impossible: every trait of British «;reatncss repels such a sus- picion. I well know that much exertion will he made to strangle my memorial in the birth. The salva- tion of my persecutors depends altogether in keeping their conduct hid, " They hate the light, because their deeds are evil.*' It requires the head of a Solornan and the patience of a Job to unravel their deeds of darkness and of iniquity ; and they will call into exercise every effort to prevent an enquiry. They will use every means, both direct and indirect, that their cunning can devise, to prevent your Excellency from giving it that attention which justice loudly demands; Such considerations have created a fervent de- sire to have the Memorial referred to the Homo government, where the cause could be consider- ed without the interruption of the base intrigues of Provincial delinquents or their supporters ; and where the calls of justice, though from a fee- ble individual, would be heard with attention. 1 well know that it is in my own power to send my memorial to the foot of the Throne. How- ever, as I have laid the business, in the first place before your Excellency ; as your Lordship was sent to this country for the express purpose, to learn, and to redress the wrongs which now do, or /wrelofore have existed in Canada, it appears 11 i( ii ft to my underjitandiiig, that I have n just claim on yonr Ijordship lo redress, or at hiast to n refe- rence ol my memorial to where both the inclina- tion and povv(;r exist for granting me justice. It being transmitted hy your Lordship, with such remarks as you conscientiously believe you ought to make, will render it* apf: .'arance of more giavc importanct; and command more ready attention. The simple question before your Lordsliip is, in my humble opinion, whether the facts, stated in n)y memorial, const'luto a wrong? If they coi:siitute a wrong, wli-re am I to look for I'^dress? (Certainly to those who hav6 made a solemn promise to that effect ; and whoso public duly is to redeeai the pledge which their promises, haveoff'ered for the security of the sub- ject. If the plainest cases of wrotig are to be set aside atid strauirlcd in the birth with baffling excuses, where is the benefit of those flatning pro- mises — of those solemn |:)romise>! made to the snbjtct for redress/ They certainly nuist appear as a solemn mockery, and W(a>e than the pains ations. ipp( pectj Should your Excellency entertain the least doubt in the ropreseiitati(ms set forth in my me- morial, an inquiry, will set tliHt doubt at rest. "^J^here is nothing would be more grateful to my feelings than an inquiry — such an inquiry, as to elicit •* the truth, the whole truth, and iiolhingf I thii ad( CO cd but the truth." 1 nm well nssnrrd ihnt the truth woulcl prov e my grcatej^t friend, but the bitterest enemy to my eiieiiies. Can it be in the nnmbor of po$:sibilities, that the idt'a has biren sugirestcd to your Excellency, that, ina:«mnch o.-* 1 have alieady ^ufft'red a very long serit'S of bi;tor injustice, that I now ought to sit down tiMui'ly and silently under the bur- then, thereby ahowing my enemies a pn scriplire riffht to the fruits of tht.'ir wickedness ? lean as- sure your Excellency, ihnt so far from having my feelings rendered t(>rf)id and callous, under the long reiteralion of abuses, they have become more and niort; accessible to the keenest sensa- tions — perhafjs to a morbid degree. Should any thing of that kind af)pear to your Lordship, in this address, I appeal to your native benevolence and greatness of mind for a remission of the offence. Can it likewi>^e be possible that the plea has been offered, that your Lordship ought not to take cognizance of ir)y com[)laint because it re- fers to wrongs done, not under your admi- nistration, when it is taken into consideration that the most particular object of your Excellen- cy's mission was to niquire into and redress nW wrongs which had heretofore existed in (his Pro- vince ? Whilst your Lordship is attending to the complaints of ihe Canadians, which were alledg- cd to have happened cotemporaneously with my I n IV u ■m :l ill fir It own, and nnglccling mine, will it not appear to every roflt'cting mind, that llio object of simple justice has nut been the pole-ititarof oiii* politics ? The Canadians form a powerfnl body, who are able iodtf/tnnd'jwmiicc ; lam a solitary individnal unable (o offer any motive of attention, bnt the simple plea of right — of injured and abused right. When I take into consideraiion the soothing and animating declaration of your Lordship, that strict and im))artial justice should be administer* ed in this Province, a solemn instruct ion from the Home government that due attention should be paid to the petition of any class, or any indivi- dual of the Canadian population : that our S( vereign had declared from the Throne, that his first and most sacred duties was the " speedy and satisfactory adminiistration of justice." These public declarations coupled with the consideration that I have a memorial lying be- fore )our Excellency without atiy attention for mcrj than six month«, notwiih^tandinsr that me- moriiil sets forth a narrative of the most horridand outrageous wrongs perpetrated in constant suc- cession, treading on the heels of each other, and putting humanity to the blush for the course of seven years ; and producing in their results, con- sequences of a monstrous, an a[)palli'>g nature, have formed an enigma beyond wy power to. solve. 1 will frankly confesa to your Lordship, that my long despoiiding hopes of justice were revi- ved, whiin I saw so many and so fair pronmes made from the highest auihorititfl. I did think, and with a confidence whirh admitted no doubt, that every duty which was incumbent on me was to make my grievaixes known, in order to ensure '* speedy and sati.'^factory justice." In addition to this, the nftairs (»f Canada were b -ginning to call the attentitui, and create an inouiry from the Home governnient ; and I saw no kind of reason why mj complaints should be (sxcluded from at- tention, well aware that if they were once inves- tigated, they would form a case whi h no govern- ment W(udd dare to neglect, and whicli the BrU tish goternmcnt would glory in reciiryincr. '" I am altogether 8ensd)le that tht; amiable qua- JiliesHud finer feelings of your Lordship's heart would influence you, MS a imm,\s\\\i a wish to see me relieved from misery ; but rour benevo- lent designs, /;s a man^ are unavailing ; your Lordship's attention, as a Goceruor^ can alone remove the evil. That the dnties of a Governor should be at variance with the refined sentiments of the most amiable heart, isan a[)parentsolicism fo my weak uuderstrtudiiig : yet, for the term of thirty years, I have found a secrd ivjluence hid in the most gloomy darkness, behind the gnbe- natorial '^rhrone, def».*nting all njy exertions, and preventing n)y demands for justice from any 10 r ill ri:) at- i: attention, even so flir a!< to gain an inq liry. ^ (need npt name lo your I-iordsh j), that the first princip|^*§ of GovernnuMit aro cslablj.-hwd in the Qcce^sjty of" guarding thp weak against the op- pression of the istrong." Allow nie lo call yonr attention to the mantur in which this great duty has been executed in this Conntrj I was, in the first places, robbed by the officers ^f this Go- vernment, of all my property"; and then, by then» treated as the vilest criminal, ^/'a/f/.s^ 1 wits poor ! ! The mo^t outrageous acts of injustice were tole^ lated against me, h( cause I was poor ! ! The most indignant and silent contempt was cast on all my aoplications for redress, because I icas poor ! ! 1 well know th? t this Government had ihe nowpr tn «li.i; fh,.iH ^.^^j^ tj^ '^^^^ coinplalnis^ bnt the present question is not oi' jiower^ but it is aqnestion ofjuatire' I had my desponding hopes revived, my feelinjiis cheered, by the combined promisfs of justice, frorn^ the highest authorities of the British government : I now wish to test those promisest by tlieir conduct. P« oufL^es un- accomplished, prove nothing but the want of good faith in those who make them ; and whe- ther the mo-t efficatious nh asures to Jestroy all confidence b^twtHin the Governors and governed, be consonant to Inic po'inji I humbly submit to your Excellency's suj.erior wisdom. Have not the enormity of my wrong-, an.' iheir long con- tibuancc bc*;n urged as u reason against theU n i'cdress ! ! and yot, wi h snch monstrons exam- ples, with such shocking (lactriiies from those who ought to btj exampl s of evory virtue, we, the poor, are called upon and pathetically exhorted to be virtuous M\d Imjal ! ! ! Perhaps it may be urged that my wrongs are of snch a peculiar nature, and arranged in such an anomalous class, as not to be includ(id in the atmosphere of those promises. If so, why delude the subject with vain and fantarrtic hope ? Why tiOt candidly (hH:lare what wrongs were, and what were n<>t to claim the attention of Government, so far as to meet redress ? It cannot b(; a mat- ter of doubt in tht' mind of your Excellency, (hat hope excited, for no other purpose but disap- pointment, is adding to the distress of ihe origi- nul abuse. It apjiears, to my humole nnder- standing« that the. inferences which must be drawn from the present state of my alfahs are, that the facts stated in my memorial, do not, in the view of the Government, constitute a wrong ; Of that the promises, made by the highest autho- rities, were made as a mere *• tiib to the whale,'* without the least intehiiou, (hat they should evef be realized, Sucii a view of the siibject, calla for no comment from me ; I submit it altogether for your Lordship's consideration ; I well knovi^ that yonr Lordship has the power, in common, with your predecessors to refuse to listen to mf com[:laints ; to crush me beneath your over- ! hi i4 i 'I 12 II T whelming advantago ; to stflo the cries for justice in every siapressin^ the truth, that 1 wish to say all my feeble abdilies wdl permit, to reach the truth through the medium of your Lordship. , , My Lord, lam old and teebie — I can say no more — perhaps I have said loo much already— I have said what my judij^ment has dictated. 1 am compelled to depend on mv own resourees alto- gether, by my isolated situiiion, without the coun- cil of the wiser and better informed. To your jExcellency's 4»'oo iness of heart, I appeal for my justification. Permit me. my Lord, to expect an answer to my Memorial, which may place at rest my fears and many anxieties. ^ ,,v ,, I Allow me, my L^rd, the honor of expressing my unnjftcted sentiments of profound respect and high consideration. ^ ' ' ..r , , i.r STEPHEN BURROUGHS. Three-Rivers, 10th December, 1836. 1 iistico ample small y tem- r very ihing 11 bt of nsider a siis- kiiow ny in- I to say rh the J, jay no lady — , 1 am s alto- ! coun- your or my ect an at rest ing my :t and GHS. Three Rivers, February 4th 183?. Stephen Walcott, Esq. 1 had the honor of addressing sl printed letter to His Excellency bearing date on the lOlh December last, to wTiich I have yet received no answer. I have been since informed that the regulations of your office are such, that a printed communication will not receive notice as a matter of right — yet fully believing that ray Lord Gos- ford would be the last man on earth, who would entrench himself behind modes and forms, in order to avoid the calls of justice, I am induced to think that my letter, through some adverse fatality, has missed its destination, therefore I take the liberty to forward to your care, for His Excellency, a copy of said letter. Should a fatal refusal of justice, even under the administration of Lord Gosford, attend my appli- cation, pray be so good as to inform me into the reasons why I should experience f ^ cruel a fate. Permit me to take advantage of the present occasion to assure you of my esteem and rrspect, and that I am. Your most obedient, humble servant, STEPHEN BURROUGHS Sir, Castle of St. Lewis, Quebec, 18th Februaiy, 18S7. I have the honor to acknowledge the re- ceipt of your letter of the 4th inst. covering a printed Memorial to the Governor in Chief, dated the 10th December last, which has been submitted n fa I U:-,: # 'S 2 to His Excellency, who has directed me to ex- press his rep^ret Ihat he has it not in his power to grant you the compensation which you solicit. If, however, you wish to appeal to His Majesty's Government in England, and will, as concisely as may be, set forth the precise nature of the wrongs of which you complain, and of the redress which you require, in a Memorial to His Majesty, and furnish me with three copies on paper of this size, His Excellency will forward the same to England. Three copies are required, as all com- munications to His Majesty's Government, are directed to be transmitted in duplicate ; and it is necessary thai a copy should remain in this office, I have the honor to be, Sir, Your obedient Servant, S. Biirrounfhs, Esq., Three Rivers. STEPHEN WALCOTT, Civil Secretary. Three-llivers, i\Iarch 20, 1837. Stephen Walcott, Esq. I was duly honored with yours of the date of 18lh February. Ill health rendered it impossible to pay attention to its contents sooner. Pray present my must giateful returns to His Ex- ellency for his goodness in making the offer of Jaylng my Memorial at the foot of the throne, and in pointing out the mode in which I ought o do it. Without any pretention to the spirit of to prophecy, 1 can safely say, that the common father of us all will reward him for his ; oodness. Whether I have fully met the ideas of my Lord Gosford in my Memorial, I have some ' & 1 3 to ex- )wer to solicit. ajesty's sely as ivrongs which y, and of this me to ill com- nt, are id it is s office, rT, retary. 1837, s of the lered it sooner. His Ex- offer of throne, [ ought spirit of n father a of roy e some i I doubt. I have done the best that my feeble slate of health, and consequent mental weakness would permit. Allow me to say, that my difficulties do not obliterate the lively sense of esteem and respect with which I remain, Your most obedient humble Servant, STEPHEN BURROUGHS. TO THE KING'S MOST EXCELLENT MAJESTY .^he Memcrial and humble Petition of Stepl>en Biirrougiis, of the Borough of Three Rivers, in the Province of Lower Canada, dutifully sheweth : That by a concatenation of untoward events, your Memo- rialist has been long deprived of his just rights and uuHlienabi** privileges, due to him as a dutiful anu obedient subject under Your Majesty's paternal government ; hence he is induced to implore for the privilege of approaching the Throne for that protection which is due from the Sovereign to all his loyal and obedient subjects — and to humbly submit his case to Your Majesty's paternal heart, and to your unbending desire for justice. Yonr Memorialist was induced to immigrate into tlK» Pro- vince of Lower Canada in the year 1799 ; and to seat himst U in the Township of Stanstead in the said Province, on lands then ungranted, and belonging to the Crown. Your MeiuO' rialist was induced so to do in consequence of a Royal invita- tion, and a promise of twelve hundred acres of land for so doing. That your Memorialist expended three thousand pounds in ameliorating said land, together with the Township in gene- ral, and then by the Executive Government, the whole of said property was granted to another, and thereby your Memo- rialist, in violation of tlie Royal promise, was deprived of his just rights and claim to said property. Youi Memorialist further sheweth, that in the year 1807, a Magi, "ate, duly authorized by government as such, and osten- sibly acting under such authority, (but secretly in the pay and service of a foreign government) at the head of a large num- ber of foreigners, entered the dwelling house of your MemO" fV:&' rialisi, by force and violence — plundered from him thirteen thousand two hundred and fifty pounds, together with writings, uf great worth, all which they carried oflf, in addition to com- mitting many other outrages upon the family of your Memo- rialist. Your Memorialist further sheweth, that in the year 1813, he then was employed by the Governor of this Province to per- form certain secret services. Your memorialist was promised for the performance of said services, " a handsome provision.*' For one year your Memorialist contincd to perform the duties attached to this appointment to the utmost extent of his feeble abilities — yet so far ^rom meeting the promised reward, he was imprisoned — abused — arraigned — yet, by the voice of an honest j'"y, acquitted. Notwithstanding, even the money, which yojr iVJemorialist actually expended in executing this seivice, has never yet been reimbursed, or any compensation made for his services. For a more full understanding of all the cniisfs which produced these distressing events, your Me- iDori.iliM bi'gs leave toieferto thiee several printed Memorials, wliicli ii ivo been presented to the Governor in Chief. of thi& Provincf, bearing date 28th December, 1835, Sih June, 1836, and 10 h December, 1836, all which accompany this Memorial. Uiidi r all these considerations, your Memorialist humbly prays Your Majesty, to take his case into your paternal con- sid. 'ration, and render to him that justice, which, in your wis- dom, may appear to be his due — and as in duty, your Peti- tioner will ever pray to our common Father in Heaven, for the. same favour for Your Majesty. STEPHEN BURROUGHS. Three Rivers, 20lh March, 1837. Sir, Castle of St. Lewis,. Quebec, 9tli September 183T.. I am directed by the Governor in Chief to communicate to you the reply which has been made by the Secretary of State to His Excel- lency's dispatch, enclosing your memorial to His late Majesty, together with a printed statement of; your C2|se, which is to the following effect :, " That considerinij the remote date of the transactions to which you allude, (the earliest bein«^ in 17^9, and the most recent in 1 813,) and the extraordinary nature of the charg-es which, are preferred against some of the principal offi- cers of the Executive Government of the Province, it is especially necessary that the allegations of the memorial be supported by the most conclusive testimony, an.i by a satisfactory explanation of your protracted inaction. In the absence of such testimony, and of such explanation. Her Majesty's Government do not feel themselves justified in interfering in the sub- ject. I have, &c. (Signed) S. WALCOTT, Civil Secretary. Mr. Stephen Burroughs, Tiiree Rivers. Sir, Three-Rivers, 2Sd Sept. 1837. ^ff I had the honor of receivins: vour letter of the 9th inst. m which you apprize me- that her Majesty's Government has informed His Excellency the Governor in Chief that consider- ing*' the remote date of the transactions to which I allude in my memorial to his late Majesty, and the extraordinary nature of the charj^es which are- preferred against some of the principal officers of the Executive Government of this Province, it is^ especially necessary (hat the alleg'ations of the memorial be supported by the'most conducive testimony, and by a satisfactory explanation of,- what is termed, my protracted iiractio:i. 9 'i m 1 1 rdeem it a matter of duty, as it is of heartfelt satisfaction, to make my most humble acknow- ledgments to his Excellency the Governor in Chief, a d to her Majesty's Government, for the 27rom?'se of Justice which your letter implies upon the reasonable conditions therein stated. My me- morial contains, as it is therein alledged, *' the truth, and nothing but the truth ;" and were I not bowed down by old age, weakened by the infirmities consequent thereon, and the hardly^ less distressing and incapacitating concomitants ol abject poverty, it: would be very easy to procure by my own means and my unaided exertions that conclusive testimony required by Her Majesty's Government. The memorial, as His Excellency is aware, re- fers to divers documents and records, copies of which I had been under the impression Her Ma- jesty's Government would, of its own motion, have given directions to be forwarded for the purpose of coming to the conclusion, which, as 1 apprehend, justice demands. Independently of the records to which access can be had, there are, still living, many witnesses scattered over the two Provinces of Upper and Lower Canada, and such of the United States as border thereon, who can bear ample and cohclusivc testimony, to the truth of the facts stated in my memorial. I cannot think for a moment that Her Majesty's Government, nor His Excellency the Governor in Chief, would make it an essential requisite to the granting me that justice, which I crave at their hands, that I shruld be required to do any. thing which is impossible. To furnish conclusive I testim and V afford impra Iti witho verno minis years lency ble r( notwi moric petiti i gator seque for tl contc by th past, It ques he w of £ ; to pu ■ vario ^ moni ; mem \ he si to be Her Step testimony in support of my memorial is possible and very practicable — To furnisb it without I am afforded the means and the necessary funds, is- impracticable and altogether impossible. it is not my fault that old age lias overtaken me without having found any of (he numerous Go- vernors who have succeedtd'each other in the ad- ministration ot this Province for the last thirty years, disposed, with the exception of His Excel- lency Lord Gosford, to alford n^e (he least possi- ble redress, or tho least possible hope of redress, notwithstanding petitions, remonstrances and me- morials have been repeated by me until the re- petition became as irksome as it was vain and nu- gatory. It is not my fault that poverty, the con- sequence of the op[)ression and injustice of which, for the greater part I have been the victim* iui contempt of the law, under the pretext of law, and by the officers of the law, — has laid for many years past, her iron hand on me. I therefore most respectfully beg of yon, to re- quest His Excellency the Governor in Chief, that he would be graciously pleased to cause the sum of £100 currency, to be paid and advanced to me to put me in a situation to procure copies of the various documents and records, and the oral testi- mony necessary to make out the facts stated in my memorial, and to request His Excellency in case he should not have funds at his disposal so to do^ to be pleased to transmit the present request to Her Majesty's Government, thave the honor to be, Your most obedient humble servant, STEPHEN BURROUGHS. Stephen Walcott, Esq*, Civil Secretary, Quebec. -1 I'i 8- la Three Rivers, November 15th, 1837* Stephen Walrott, Esquire, Civil Secretary. Sir, It is with much regret, 1 attempt to call the attention of His Excellency to the subject of my letter of the date !^3(l September last, which I had the honor of iiddressiiii^ to him through you, al a rT>oin(\'U wlicMi 1 know hi.i snin;! niiist be rTeai- ly occupied in restoring hai'r'Jiony to our ai>^italed countrv — yet when His l^^xccllency shall have time for reflection on my case, I (laller myself that I sliail, at lea'^t stand excused, in his mind, for aaaiii calling' his atter.tion to my individual case. 1 am so entirely f-atisriod will.', not only the sincere dosiie ol lib i'xct ilrney, but with the correspDndin.v desire oT llio Home Government that an adequate redress shonid be eireeted for the iidiuman injii-it's which I have sulfered in thi.>i Provinc?, that fuit'ner ar2;umonts to reach that object are need e s 5 and only oae thi.ig j)rc>ents i(self for altcnlion, — that is to say — (he full and ample proofi cstablis-hin;^ the correct slatement now lyie.^j; before the Colonial Government. In orcier to reach this desirable object, three methods have ol?ered themselves to my view, which I bcij; leave to present, through you, to His Kxcelleiicy's conridcration. The lirst is, for a full investigation i'.Uo this business by the order, and under the eo.drol, of His Excellency — this would be the most agreeable to me, asbeing en- tirely exemj:)t from ail suspicion that management on my part, had given a false colouring to any items of the business. Should this methoJ appear to His Excellency ineligible, then the advance of 9^ 1837* Lo call ect of Inch I you, itateti have 11' that id, for case. ily the :!h the n merit for the cnts jll and ement , three view, to His for a order, —this iisf" en- ement o any ippear nee of t the hundred pounds, as requested before, would enable me to pursue this enquiry to a satisfactory result; and to furnish the Colonial Department with such evidence as will satisfy even the most fastidious. Should both of these means fail of meeting (he approbation of His Excellency, then 1 pray that the whole business may be referred to the Government in England, in order that they may devise such measures as their wisdom may direct for the furtherance of the sacred cause of justice. Pray have the goodaess to inform me, as soon as it will comport with your convenience, what resolution His Excellency has formed on my request. And allow me to say that I am with much re- spect, Your most obedient humble servant, STEPHEN BURROUGHS. As it relates to Ihe long and unaccountable de- lay which has attended this business, I can only offer the plea of necessity. For many years, 1 ill vain solicited, attention to my wrongs from the Executive, with a patience and perseverance be- yond that of Job himself, until I was compelled to cease in utter despair, because, in proportion to my exertion in this respect, in the same propor- tion was the increase of vituperation and persecu- tion as:ainst me. Much to the honor and una- dulterated fame of administration, when Lord Gosford reached this country, it became apparent tliat the sources of inquiry were laid open alike 1 1 i 'I 10' to allj that truth might thereby become illicited; and justice rendered with an impartial hand. This state of things presented the first dawn of hope that 1 might gain even a hearing of my severe and unjust sutTerings. Can it be a matter of surprise that I should attempt to take advantage of such a concatenation of favourable events ? li Sir, Castle of St. Lewis, Quebec 23d November, 1887. Having submitted to llie Governor in Chief your letters of the 23d September last and 15th instant, I urn directed by His Excellent cy to repeat to you thnt Her Majesty's Govern inent cannot intoiTere in the subject matter of your memorial to His late Majesty, while the allegations and charges which you have brought forward remain unsupported and unsubstantiated by proper and conclusive testimony ; and to state that it is not in His Excellency's power to afford you the assistance, either pecuniary or other- wise, mentioned in your last letter. In matter of accusation the conduct of the case necessarily rests with the accusing party, and it of course belongs to him alone to support and corroborate his charges by regular and sufficient evidence, and the authority applied to cannot be expected to take any steps whatever until the whole mat- ter is brought forward in a fit state for investi- gation and action. In these circumstances His Excellency must decline acceding to the requests preferred in your ■13 11 above mentioned letters. He has however di- rected me to add, that if in the course of your enquiries, you should desire to point out any particular instance of difiicnlty in procuring in- formation or access to Public Records, it will be open to you to do so, and Hi.: Exeellency will consider the same. I have, &c., Signed, Mr. Stephen Burroughs, Three Rivers. STEPHEN WALCOTT, Civil Secretary. His Excellency the Right Honorable John George, Earl of Durham, Governor General of all Her Majesty's Provinces in North America. The Memorial and Petition of Stephen Burroughs, humbly sheweih : That your Petitioner has heretofore addressed to His Ex- cellency, the Earl of Gosford, several Petitions and Commu- nications ; together with the results proceeding therefrom, all of which are herewith forwarded to Your Excellency, in order to communicate a full and distinct view of the present situation of the subject. That your Petitioner trusting to the high powers, with which our Gracious Sovereign has invested Your Excellency, looks forward with saiiguuae hope that that justice will now be granted by Your j^Pcellency, which, for such a length of time^ and under so many pretences, has been hitherto withheld — par- ticularly taking into consideration Your Excellency's solemn declaration ** of your full determination to act with the strictest impartiality." Your Petitioner humbly submits to the justice of Your Ex- cellency, whether your Petitioner is not entitled, in order to effect the pure ends of justice, to an enquiry, under the direc». m w i::^i; 125 non, and at the expensts of the government, as to the facts a1- ledged in his printed Memorial of the date of June 8th, in the year 1836-, addressed to His Excellency Lord Gosford ; and whether^those facts do not clearly prove that your Petitioner has unjustly suffered under colour of Law, contrary to Law, and that by the Ministers of the Law 1 Your Petitioner calling to recollection many public actions of Your Excellency, in which energy, consistency and honesty have uniformly marked the splendid career, he cannot but hope, with much confidence, that the time has at last arrived, when an enquiry will be seriously and effectually made respecting wrongs which your Petitioner has endured, and which remain yet unredressed. Your Petitroner cannot but entertain Ihe strongest belief, that when the facts, set forth in his Memorial, shall become established to the satisfaction of Your Excellency, justice, however tardy, will be at last effectually done to your Petitioner. '^pA your Petitioner, as in duty bound, will ever pray. f^ STEPHEN BURROUGHS. Dated at Three Rivers, June 30tli, 1838. »•; tin .;^- '^ le facts al- 8ih, in the ford ; and Petitioner ^ to Law, lie actions nd honesty t but hope, ived, when respecting ich remain tertain Ihe Memorial, Excellency., me to your )ray. OUGHS. ?)•; iin Qvsitle Sk Lewis, Quubee, ^sl August, 1839. 6?r, In acknowledging the receipt of your )<»llep of SOlh ul.ti,, relativu tu your alleged losses and iW dreatment MUny yoHfii ago, ( aiii directi^d Ivv lii:^ Cxcellcncy to 8tat« |m rqeret thai \n» CHiinot coiniideir himself justified in giving you th^ aid, yoii r'«(|uire. i have it further in command to i^^liei: you to l^r. Sigtcrinnry WalcottV letters ol the 9th Sept^ and 23d November 1837, as a reply to your present applka> tion, and to acquaint you thnt until your cHse shall be ac* <;oii^{»f|iit^d by dacmueniary pi-oof in support of it. His Elxcel- l^i^cy y/\\\ «ai feel hiuKseif juslided in again troubling Her ybk- jp9itjf*9 Qovvcwnieni io^ EngiaiMl on the subject of your all9|e^ I hftve the honoip to bo Sir^ Your obedient Servant, THOS. E. M. TURtQW. Mr. Stephen Burroughs, Thcee Rivers, Province of Lower Cana<|a, January 3, 1840. Hy Lord, Although a ptrivate and obscure indiv^iduel^ l^esidingel thedi«t I h^ve pre!o£ ^e uiajoHiy of truth,, wl^»a, opposed by an ovefwheluiiog i^9^ of (;orri;ipiiua. As the whole famiiy of man a^-e rest)OQsible (or the^ upe irhich thtfv make of their tHients in this wt/Hd, can there b9>« more Godlike use made of the great abilities of your Lurd$l^j|pv ^^fym, ky l^'VUig relief U^ i^e iitooceut sufi^rer^ who Iaii» lm§ „i::.n\ ri ('■ I groaned under the bitterest efiects of oppression f The more feeble and helpless an individual may be, the more strong are the calls on the powerful to render assistance to such an individual, in order to see that he may be assured of justice. The claims I have on your Lordship aro those of humanity— they arise from that love to justice in your Lordship, so abundantly known through the world. My overweaning desire to find the celestial flower of justice growing somewhere in the garden of man, influences me to apply to your Lordship, with the fond hope, that you may yet point to where it does exist. I am a man, I am a British subject, faithful to all its duties,, and therefore ought to be protected by that government which \ have so faithfully served. In the room of receiving that protection, I have been robbed of my properly, my Uberty- and my fair fame, by that very government to whose service I have, for forty years past, devoted all my riergies i and am now left, at the age of seventy five, desiUute, forlorn and helpless. I have in vain sought redress, both from the Provincial and Imperial Governments. . From the Provincial Government I sought redress by petition, remonstrance and entiealy, for mpre than thirty years, without being able to draw the least notice to my complaints, not even a reply to my applications, When 1 carried my complaints to the Colonial Office in Downing Street, I was, fur the first time, honoured with a tfip\y to my application. But the answer proved to be a (atal end to all my rational expectations. By the answer, I was required to furnish documents from the various otfices in this Province, in support of my complaints, when it was well known, from my own showing, that I had not the means te meet such an expence ; and that the want of those means arose entirely from the wrong of which I complained. By this pro* cedure even inquiry was strangled in the birth, by the advan- tage which government had taken of their own wiongs. I can- not avoid the painful consideration that government have, by baffling excuses, ^nd by perplexing evasions obstructed the Vourse of justico, in violation of that solemn duty, which '^.Ti e more strong uch an stice. anity — hip, so rcuning ewher^ trdship, it does duties,. t which ing that liberty service and am oru and icial and ernment eaty, for the least lications, Office in I with a be a fatal ;r, I was es in this was well iieans to ans arose this pro* le advan- . I can^ have, by jcted the y, which requires them to use every exertion to see that justice is done ^ to all. No principle is more clearly understood by the British Con- stitution, and by every other form of government, as well as by the rules of common sense, than that obedience entitles every subject to protection. It is equally clear that no subject could be more abused by a total denial of this protection-— this denial of protection has not been a momentary or hasty transaction, but has continued without intermission for the term of forty years — and even now, I am virtually refused any attention to my complaint — ^yet during the whole period of this suffering humanity, I defy the tongue of malice itself to accuse me ju '!v of one solitary act of dereliction of duty. My Lord, allow me still to go further. I solemnly declare that no individual in the province has done more to promote the general good and prosperity of the country than myself, and to further the peace, good order and harmony of the population ; and what has been my reward ? Oppression holding me in her iron giasp, taunting my misery, and laughing to scorn my attempts to seek justice, or even to obtain an enquiry into the merits of my allegations ! ! ! can such misrule ensure prosperity to any country 1 We have it from high authority that ** oppression maketh a wise man mad" — yet I have the proud satisfaction to say, that during my severe trials, I have maintained my integrity unsullied, and therefore upon every principle known in civi- lized sociel}', merit an enquiry, in order to arrest (he course of injustice, and restore to me the rights of a British subject. Now my Lord, suffer me to entreat you in the name of that Almighty being, to whom we are both accountable — in tho name of every thing near and dear — in the name of every thing solemn and sacred, at least to read with attention, the documents attending this letter ; and then act as you think uiay best serve the great cause of truth and justice, lam well aware that your superior wisdom an(J strong love of justice will direct your Lordship infinitely belter than any suggestions of jniuc, May your Lordship, for you- gooJtiess in this causo^ m h I in 'i 1 li' ill^ '''■:i ^Ikhii ymf •cf»ilnl» avt abated m th* OiMf« o^Mravta^ find carriid to your credit, " inasmuch as you have done it to one of the least of these m v brethren, you hav^. 4oiie it i^jpto Siuflfer me la say, ibat I hava the honor to he, with senti- miM%oC ^a high^l cooak&eration of respect and esieeni. Xqm liordship*a most - 9(T£f »e^ ftyipb^lVi^ilfli -Siif ;.•?•'■;;.; «^M II wr^« Mwm^ It«w4 I?9«^jw^ . „ ? I ! i . .< / « . . ' y.i i . . . .. .-s . -I ! :« '»-; 1 lone it to M» it vjpto mat -^'.'"■j I ■iiiS-i-^t 'i