IMAGE EVALUATION TEST TARGET (MT-3) // ^ >i 1.0 1.1 £i|2£ §15 m 2.2 m u uo 1 2.0 I'-^^i'-il'-^ ^ 6" ► o^^ ^ > / w Fk)tDgraphic Sciences CorpQration 23 WIST MAIN STMET WtBSTIR.N.Y. M5«0 (716) »T..-450i CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute fcr Historical Microreproductions / Institut Canadian de microreproductions historiques fmmmm ^mmr^ mm mgsmgKg Technical and BibliogMphic Notoa/Notas tachniquaa at bibliographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may significantly uhanga tha usual mathod of filming, ara chackad baiov^*. L'Inatitut a microfilm^ la maillaur axamplaira qu'il lui a At* possibia da sa procurar. Las details da cat axamplaira qui aont paut-Atra uniquaa du point da vua bibliographiqua, qui pauvant modifiar una imaga raproduita. ou qui pauvant axigar una modification dans la mithoda ncrmala da filmaga sont indiqute ci-daasous. D D D D D D D Colourad covars/ Couvartura da coulaur I I Covars damagad/ D Couvartura andommagia Covara rastorad and/or laminatad/ Couvartura raataurte at/ou palliculAe n Cover titio missing/ Le titra da couvartura manque I I Coloured maps/ Cartes giographiques en couleur Coloured Ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations an coulaur Bound with other material/ Raii* avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liura serr6e peut causer de Tombre ou de la distortion le long de la marge IntArieure Blank leaves added during reatoration may appear within tha text. Whenever poaaible, these have been omitted from filming/ II aa peut que certainas pagea blanchaa ajout6es lors d'une restauration apparaissant dans la texte, mala, lorsque cela 6tait possible, ces pages n'ont pas At* fiim^es. Additional comments:/ Commentaires supplAmentaires: □ Coloured pages/ Pages de couleur D D D D Pages damaged/ Pages endommag^as Pages restored and/or laminated/ Pages restaur6es et/ou peiliculies Pages discoloured, stained or foxed/ Pages dAcolories. tachat^es ou piquAas Pages detached/ Pages d6tach6es Showthrough/ Transparence I I Quality of print varies/ Quality In6gala de I'impreasion includes supplementary material/ Comprend du matAriai supplimentaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Lea pages totalement ou partiellement obscurcies par un feuiilet d'errata, una palure, etc., ont 6t6 fiimtos A nouveau de faqon A obtenir la meilleure imaga possible. Thia item la filmed at tha reduction ratio checked below/ Ce document est f limA au taux de reduction indiquA ci-daaaous. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X Th« copy film«d h«r« hat bMn raproducad thanka to tha ganaroaity of: Library of tha Public Archivas of Canada L'axamplaira film* f ut raproduit grica h la ginAroalt* da: La bibliothAqua daa Archivas publiquas du Canada Tha Imagas appaaring hara ara tha baat quality posalbia consldaring tha condition and lagiblllty of tha original copy and in Icaaping with tha filming contract tpacif Icationa. Original capias in printad papar covars ara fllmad baglnning with tha front covar and anding on tha last paga with a printad or liluatratad Impras- sion, or tha back covar whan appropriata. Ail othar original copias ara fllmad baginning on tha first paga with a printad or liluatratad Impras- sion, and anding on tha last paga with a printad or iiiustratad imprassion. Tha last racordad frama on aach microflcha shall contain tha symbol — »> (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar /ipplias. Las Imagas suivantas cnt At* raprodultas avac lo plus grand soin, compta tanu da la cond' tio .-. at da la nattat« da l'axamplaira film*, at an conformity avac las conditions du contrat da filmaga. Laa axamplairas originaux dont la couvartura an papiar aat imprimta aont filmte 9n commanpant par la pramiar plat at an tarminant soit par la darniira paga qui comporta una amprainta d'imprassion ou d'iilustration, soit par la sacond plat, salon la cas. Tous las autras axamplairas originaux sont filmAs an commanpant par la pramlAra paga qui comporta una amprainta d'imprassion ou d'iilustration at an tarminant par la darniira paga qui comporta una talla amprainta. Un das symbolas sulvants apparattra sur la darnlAra imaga da chaqua microflcha, salon la cas: la symbols — ► signifia "A SUIVRE", la symbols V signifia "FIN". iVIaps, piatas, charts, ate, may ba fllmad at diffarant raduction ratios. Thosa too larga to ba antiraly includad in ona axpoaura ara fllmad baginning In tha uppar laft hand cornar, laft to right and top to bottom, as many framas es raquirad. Tha following diagrama illustrata tha mathod: Las cartas, planchas, tableaux, ate, pauvant Atra filmte A das taux da reduction diffArants. Loraqua la document ast trap grand pour Atra raproduit an un saul clichA, il ast fllmA A partir da I'angla supAriaur gaucha, da gaucha k droita, at da haut an has, an pranant la nombra d'imagas nAcassalra. Las diagrammaa sulvants lllustrant la mAthoda. 1 2 3 1 2 3 4 5 6 Pj :..'. .f* 4 y ^ • -%^-S. -■'^' « , - *•«• ■" ■ ' 'M . REPORTS AND EVIDENCE OF THE ^ SPECIAL COMMITTEE OF THE BOUSE OF ASSEMBLY OF LOWER.CANADA. "*'^^, To whom were referred The petition of the inhabitants of the County of York that of the inhabitants of the City of .^l(oa- ' treal, and other PETITIONS PRAYING THE REDRESS OF GRIEVANCES. S*«K. [Ordered b^ the Assembly to he printed] 1829. >l )\- Pel Again f — r" r" .-'V HOUSE OF ASSEMBLY, ^. .^^^^ Friday, 28tli November 1828. flcainst'"rl!''van. I'Ciolved^ That the petitions of the inhabitants of the County of York be cen. " referred to a Committee of seven Members, to examine the contents thereof ^ and to report thereon with all convenient speed with power to send for per- , sons, papers and records. Ordered, That Mr. Labrie, Mr. Heney, Mr. Cuvillier, Mr. Neilson, Mr hefcbvrc, Mr. Leslie and Mr. Bourdages, do compose the said Committee. Ordered, That the petition of divers inhabitants of the City of Montreal i be referred to the said Committee. (Attest,) W. B. Li; DSAY, Depy. Clk. House of Assembly, Tuesday, 2nd Deccnil)er 1828. Ordered, That the said Committee have leave to report from time to time. (Attest,) W. B. LINDSAY, Depy. Clk. House of Assembly. Friday, 5th December 1828. Ordered, That Mr. Viger be added to the said Committee. (Attest,) W. B. LINDSAY, Depy. Clk. House of Assembly. Monday, I5lh December 1828. Ordered, That the petition from the inhabltiints of the District of Three Rivers, be referred to the said Committee. (Attest,) W. B. LINDSAY, Depy. Clk. House of Assembly. Wednesday, 24th Dcrembcr 1828. Ordered, That the petition from the inhabitants of the District of Three Rivers presented this day, be referred to the said Committee. (Attest,) W. B. LINDSAY, Depy. Clk. House of Assembly. i y ^m^.:: a C Monday, 26th January 1829. Ordered, That the petition of Paul Brazcau, and others of the Parish of St. Benoit, be referred to the said Committee. (Attest,) W. B. LINDSAY, ' Depy. Clk. House of Assembly. Tuesday, lOth Vebruary 1829. Ordered^ That six hundred copies of the Report of the Special Com- mittee, to whom were referred several petitions complaining of grievances be printed for the use of the Members of this House. * (Attest,) W. B. LINDSAY, Depy. Clk. House of Assembly. 11^ HOUSE OF ASSEMBLY, COMMITTFJB HoOM, Saturday, 29th November 1828. In Committee on the petitions of the inhabitants of the County of York ^^^^ ^°^'' ^®^ knd of the City of Montreal, complaining of certain grievances. Present, — Messrs, Sourdages, Leslie^ Cuvillier, Neilson, Heney, Le- febvre and Labrie, Mr. Labrie c^ed to the Chair. Read the order of reference, Adjourned to the call of the Chairman. Ml Monday, 1st December 1828* ist Decembr Present, — Messrs. Cuvilliery Hen^y BourdageSy Leslie and 'Labrie. isis. Mr. "Labrie in the Chair, Head the petition of the inhabitai^ts of the County of York, and that of the iuhabitants of the Town and City of Montreal, referred to this Committee. Ordered, That Thomas Douglas, Esquire, one of the Clerks of the Crown in Chancery, do appear before this Committee to-morrow at the hour of ten in the forenoon, with the return of the writ of election from the West Ward of Montreal, for the late election, and other papers respecting the said election. [Adjourned until to-morrow at the hour often in the forenoon. Snd Decemb< 1828. Tuesday, 2nd December 1828. Present, — Messrs. Labrie, Heney, Ckmillier, Leslie and Bourdages. Mr. Labrie in the Chair, Thomas Douglas, Esquire, one of the Clerks of the Crown in Ch?ncery, Thos. Douglas appeared before your Committee, and was examined as follows : — Esquire. Q. — Is it within your knowledge that Mr. Griffin did himself request to be appointed Returning Officer for the late election for the West Ward of the CSty of Montreal ? , , - A. — I knownothing of that. ' Q. — (0) III Wfpor/s of the Special Commiltec on the pvtUions against grievances. Q.—Do yoii know !)y m hom he was rocotumonflofl ? ' hos Dous'dsf, \^ — I cjiniiot now sav, iiroliiibly 1 Ijavo itancrs which mifflit ascertain tho Q. — Did iNIr. (iiilliii, (hciii!,'' appointed,) raise any ol»jection to his qualid- ' ration as snrh llt'tnniin;^' Ollicer? ! A. — leannot s;iy. Q. — Will you produce the doruincnfs in your possession respectinj;^ tho said eh'ction ? A. — I pro(hu'e the M'lit and return of the said election, wherchy it ap- pears that the Mrit bears d;it(f f»th July lS t'CHNnry to enter into any comment or discussion concerning them. Neither do your Committee thiak it their duty to revert to the repeated refusal on the part of the lat* Governor Lord Dalhousic, to communicate to the House of Assembly the dispatches by which he prctendc^l to be autho- rized in his various and frequently contradictory claims ; and particularly in the vacillation and contnidictiou appai'cnt from one yetu* to another, during tlie whole course of his administ-iiition, in his manner ofaskiuy that administration, with reg^ard to the unau- thorixedand illegal application of the public monies up to the very time when the Governor, Lord Dalbousie left this Province ; the enormous losses which the Province has sustained and the effects of which are still t'olt ; and a crowd of other facts v/hich are unfortimately but tjo well known, and the effects of ^vhich are too deeply felt, for it to be necessary to cull them to remembrance. Feeling- the inij)OMsibility of unfolding at length the list of grievances and sulyects of complaint, to which the petitions referred to your Committee might have relation, your Committee nave thought it their duty to confine themselves to laying before )'Our Honorable House, » ith regard to the late administnition, a small number of facts over which a veil had been thrown, whi«rtain advertisements, required by law, in case where the right \^i^. ( 15 ) Reports of the Special Committee oti the petitions against Grievances. Ight of commutation is clnimed, shall be Inserted in The Quebec Gazette ^ ublishedby Authority. Your Committee dare to think, that if His Mujes- ''''° J^^^^ort' ^'s Government had been in possession of the facets which your Committee '"•— ave just laid befoieyour Honorable House, it would never have permitted b aiithority to be employed in this manner, more than in any other, to fur- fish even an indirect pretext on this side the Atlantic, for supportinjr the es- iblishment of the New Ga/ette under these circumstances ; and lastly, that lie Parliament of Great Britain would not have thought it adviseable, to ren- ter itself, in some sort, a party to an act of this nature on the part of Lord )alhousie. These considerations acquire much greater weight when we reflect, that no Ipportunity was offered to the Country of remonstrating against the scheme of nis act; that the provisions above mentioned, could only have been suggested las your Committee have already remarked) by persons connected with the Idministration of this Country ; that the establisnment of the New Quebec Wzette, was the act of Lord Dalhousie himself, who gave the Country no ^otice whatever of the lot appointed for it in this respect; and lastly, that at le time of the passing of the " Tenures' Act," in the Imperial Parliaineut| le Governor's Secretary, Mr. Cochran, ^'as in England, and has since been |aid the expenses of his mission out of the monies belonging to the Province, fy order of the Governor^ Lord Dalhousie. dismissal of the Chairman of the Quarter Sessions at Mon- treal : Ascendancy of the new Chairman over the other Justices of the Peace : Many Justices of the Peace struck out of the Commission. i ^t- v- v • - : Your Committee see that under the administration of Lord Dalhousie, re« lourse wiw frequently had to the extraordinary measure of dismissing those lustices of the Peace whose conduct was not in accordance with the vicm's of Ihe Executive; and that a desire was at last shown, to use this power of disr lissal as a political engine for the purpose of forcing the people of this Counr py, as well as the Magistrates themselves, to crouch and bend to the pleasure >f the executive. There are, in the first place, some facts respecting the dismissal of certiuo lagistrates at Montreal, which your Committee considered too important lot to be pointed out. The Justices of the Peace at Montreal, had in the >ear 1823, aj^i/ointed a High Constable according to custom and received |ght. It has been made apparent to your Committee, that the Governor. iiOrd Dalhousie, pressed upon the said Justices the dismissal of this person, br the pu^^ose of substituting another person chosen by himself, whom he |ointed out to them. The Justices of the Peace thought it their duty to orsist in an appointment which they had lawfully made, of anofl&cer against rhom there existed no grounds of complaint, and against whom none had eenalledged; and the resolution of maintaining him in his situation was dopted almost unanimously. Your Committee regret, that they are obliged > add, that the two Justices of the Peace who presided at the Sessions, and ^ho with their fellow Magistrates, had refused to lend their support to the kheme of dismissing the.omcer in question, were themselves dismissed, and |epriyed of the salary attached to their office. This dismissal, which was at •■ thi Illli; VSrd Report. i . m (16 ) RejmrU vfih* Special Committf on the petition ayuimt Grievancet. the time attributed to resentment against these two Mii^istrates, could besides ■ as he professed himself to be for the purpose of controlling them in their deliberations, and ensui'ing tne triumph of his own private opinions. One of the consequences of this system appears, among others, to have been the dismissal of many Magistrates of Montreal, whose couduct had beeu abovb reproach, because they had not partaken in his sen- 'timeats upon a subject of discussion open to all the Justices of the Peace ia the City of Montreal. Your Corainittee Itave to add that in the month of June 1827, the Justices of the Peace at Montreal, gave orders to the Road Surveyor of the said City, to throw down a fence and a building on a lot of ground in the possession of a person of the name of Stanley Bagg, as being upon a public way. Some of these Magistrates, to the number of four, thought it right apon reflection to issue an order or writ of supersedeas^ to suspend the execution of the for- mer order on this subject ; and the effect of this svpersedtas was to atop the proceeding-s of the Road Surveyor to whom it was addressed. The Justices of the Peace acted by virtue of a right which it appears to your Committee is ac- knowledged by the laws, and before exercising this jurisdiction, took all the precautious which prudence required, not to overstep the bounds of their autliority. The other Justices of the Peace by whom the former order had been given, instead of taking steps to obtainalegaldecisionbybringingthe mat- ter before a competent tribunal, came to the resolution of making 9 represen- tation to the Governor, with respect to the four Magistrates by whom the or- der »■ ! !'? (17) Rep&rti of the iS^etial Committet on thtpetitioni against Grietanees„ «ler o( supergedeas bad befen given. They entrusted the conduct of this mea- 8rd R*por«. Bure at the Castle of St. Louis, to Mr. Gale the Chairman of the Quarter r— Sessions of the Peace; who, in fact, laid before His Excellency a long me- morial alledging the ill^;ality of the order of supersedeas given by the four Magistrates, to whom this mem' *nal vas not communicated.^ This proceed- ing took place on the fourth of August 1827; tlie four Magistrates on their side thought it right to represent to the Governor that they bad acted by virtue of a right with which tltey believed the law had invested them, and prayed that the examination of the question might be submitted to a tribu- nal of competent Juisdiotion. It was immediately after these proceedings that the names of these four Ma- gistrates were struck out of or omitted in the last Commission of tlie Peace, instead of proceeding to obtain the decision of a Court of Law on this sub- ject. Your C! ' V • I' ( IS ) Jtcporti of the Spcciul Cummittee oh the petitions utjainst Grievancei. 3rd Reoort ™*^® lipreafter,) under a pretext that he had neglected his duty, at a time prc- ^T _! vious to the ord««r order of the Magistrates >\ hich gave occasion to the super- ~' sedeati, witli ros|;cc't to the suhject of the tuo orders given by the Magistrates, | and tlint on thiM occasion, recoursn was had to a wnt of certiorari^ from the Court of Kinf*-'N }J<>iich addrebsed to the Commissioners of the then extinct . Court ol' Oyer and Terminer, of M'hiuh the JuHtices of the Court of King's Bench luul formed an csscntiul part, for the purpose of revivin*;^ this prosecu- ' tion, a:)d rausin^it to be brought before the siud Court of King's Bench iu which it is»till pending. Your Committi'e h;ivo to remark that the names of a great number of Ju»* ticesoi'thc Peaje, whose repiitution was untoucliod, and who, moreover, en- joyed the merited contidenoe of their fellow citizens, were omitted in the Iwt Conunission which issued in Afarch last, 1828 ; this omission appears to have had no otiicr cause than their opinionsand sentiments on public affairs, and on the mt>asuros of the person mIio then held the reins of administration. Your Committee do nat thiuic it their duty to point out the reflections to which a step of this nature h adapted to give birth. They will be satisfied with re- marking that it is to be lumeutod, that any administnition should conceive it- self intt.'rcstcd in removing from the magistracy, men who enjoy public esteem and are likely to cherish confidence iu the Government. But there is one circumstAuce connected with this subject, too striliing not to require to be pointed out. The number of Justices of the Peace bom in the Country, whose names are found in the last Commission, bears a very slender proportion to the num- ber of the iuhabitiints of the several districts born abo in the Country ; the greater number consists of pwsons born out of the Country. In the District , of Montreal, ^vhei'c the Canadian population, is in the proportion of at least (eight to one, to the number of those who established tnemselves therein though born elsewhere, the number of these last invested with the nutgistracy is in the )>roportion of two to one ; and in the City of Montreal, out of forty Justices of the Peace, there are but ten born in the Country, whilst in that City the nnuiber of the inhabitants born in the Country is at least double that of those born elsewhere. If the whole population of the County be considered, the disparity of num- - . ber in the magistracy M'ill be still greater; while the number of the inhabi- ^ tants boru in the Country will be to that of the others, in the proportion of at least three to one. Neither do your Conunittee need on tnis subject to point out the reflections to which this strange distinction, and, as it may be called selection, is ad.vpted to give birth ; or the causes by which the pubUo confidcnc» in the magistracy has been destroyed. Despatch of the 30th September 1825.— Conduct of the Gov- ernor, Lord Dalhousie, on this subject, and with regard to the Lieutenant Governor, Sir Francis Burton. TTour Committee passing now to tmother subject of at least equal unpor* tance, have to remark to your Honorable House, that after the protracted ftis- cussions occasioned by unusal claims and demands^ varying from one year to another and occasionally contradictory, with respect to the q)plication of . the public monies under the administmtion of Lord Dalliousie,. the three branches - I ( 19 ) Reportt of the Special Committee on the petitions against Grievances, I hrnnches of tho LenfisUituro at la'?t in 1825 njjced upon a bill which passed into a law, for the purpose of mcctinp the expenses of the ('ivil Oovernineat of the r Province. This act re-established a good understanding between the several branches of the Legislature, after many years, not only of differences on but of interruption to public business, the course of which was arrested of those dif- ferences, which at the same time opposed insurmountable obstacles to any Dystcmatic plan of amelioration in the Province. This measure reconciled all parti 38 witnout conapromisioff the interests of any; this event took place un- der the auspices of Sir Francis Burton, who then held the reins of the admin- istration UA Lieutenant Governor, in the absence of the Governor in Chief, Lord Dalhousie, who had gone to England in the course of the preceding summer. The Province could at bust look forward with confidence to the continuance of tranquility and indidge the hope of reaping the fruits of the unity which this measure had re-established. But in the following year 1 826, after tho return of the Governor, Lord Dalhousie, during the Session of the Provincial Parliament the former difficulties were renewed. Your Coimnittee before laying before your Honorable House a representation of M'hat passed in the Province on this subject, have to remark that the British Ministers on the news of the passing of this bill of supply, were induced by persons interested in renewing and perpetuating the dissentions in this Country to look upon this bill in an unfavorable point of view. The Colonial Secretary thought it his duty to blame Sir Francis Burton for having sanctioned this bill of supply, and gave as the reasons of his dissatisfaction the instructions to the contrary addressed to the Governor of Lower-Canado,. This censure is to be found ill a despatch ofthe fourth of June 1825; the Governor, Lord Dalhousie, was at that time in England, and could without difficulty have exculpated the Lieutenant Governor. In the first place, and without entering into tne discus- sion ofthe merits of tlie ouestion, he had himself subseouently to these instruc- tions sanctioned two bills of supply, in which much less attention had been Eaidtothe integrity and even to the discrimination of tiie revenues claimed as eing at the disposal of the executive than in the act passed in 1825. The acts alluded to are those ofthe third year of his majesty s reign, chaps. 37 and 38. With regard to the instructions to the contrary, he knew that they Mere no longer in the province, where tbry ought to ixaye remained of record in the civil secretary 8 office, and M'here they were not to be found. It was easy for Sir Francis Burton to exculpate himself. He obtained without difficulty from the justice of the ministers a revocation ofthe censure contained in the despatch of the 4th of June ; and this by another despatch of the thirtieth of Sentember of- the same year, by which the former was revoked, and at the entt of which the minister confirmed the expression of his regret to the cir^ cumstance of an arrangement of so important a nature having been effected without previous direct communication with his Majesty* s government. Under these circumstances the House of Assembly were not led in 18^6 to anticipate any difficulties to the passing of a bill of supply founded on the sfune principles as that of 1825 ; when after sittings nearly two months and when they were on the point of passing a similar bill, thev received on the 14th of March b;^ message from Lord D^housie, a copy ofthe despatch ofthe 4th Jane, censuring Sir 'Francis Burton for having sanctioned the act of 1825, eai informing him that the ministers would give instructions to his majesty't representative in the province of LowerrCauada not to sanction any measure of a similar nature. On 3rd Rep ort. i' • I . ■i A m i 1 f^ il' PI I I'!: \'i -':il ■it ' !i (20) Jivportt vf tht SIpeciuI Committtt on the pttitions againit Gritvancti. 5rd Uepoff. ^1* tho."8ft«"« <*«y the houM voted aa address to the Governor in Chief, .^ P>'"y."*ff him " to lay before them copies of the despatches which had been re- " ccived by the colonial Koverument, since the return of his Excellency to the ** g-ovcfnhient of this province, concerning^ that part of Sir Francis Burton's *' administration which reUted to the bill of supply passed during the then *' last session of the provincial parliament." The messengfers who carried this address reported on the Kith of the salne month, that Lord Dalhonsie had ansM'ercd, " that he had received from his Miy esty 's secretary of state, no des* " patch relating to the bill of supply passed in the then hist session of the pro- ** viuciol parliament, of a later date than that communicated bv message.*' It must naturally be inferred from this answer, that the despatch of the thirtieth September 1825, Itad not at that time been received by his Excellen- cy, Lord Doliiousie. He nevertlieless thought it advisable in the following year, to send, on the Slst January 1827, a messiige to the house relating to this very despatch, without however mentioning its date. On the 3d of February following, this message was referred to a specie committee, whose report will be found in the journals of this house under the date 5th March 1827. On the sa^e day, the 3d February 1827, the house voted an address to the Governor in Chief, ^ving tliat he would be pleased to cause a copy of the despatch referred to in his message, to be laid before it The answer was in the negative : the Governor in Chief alleging that he thought it his duty to decline laying before the public the correspondence of his miyesty's ministers with the executive government of the Province. In consequence of this refusal, the house found itself unable to proceed to the passing of a bill of supply, with that full knowledge of the sentiments of his majesty's government, which it was nec^sary it snould have, in order to make such a ^aut as should be at once consistent with the duty it owed to the crown and to its constituents^and in conformity with its eonOtitunonal privileges. To resume : Under the administration of Sir Francis Burton in 1825, a hill of supply was passed j on the 14th of March 1826, Lord Dalhousie acquainted the house that he had received a despatch from the minister dated the 4th June 1825, in which 'Sir Francis Burton was blamed for having given the royal assent to tliat bill of supply ; at the same time he declared solemnly that he had received from the minister no despatch relating to the bill of supply passed in 1825, of a later date than that communicated by message ; that is to «ay, that of the 4th of June. The enquiries of your committee, have, however, elicited the fact, that notwithstanding the public and official assertion of his Excdlency the Earl of DalhoAsie, a despatch from the Secretory of State, dated the 30th September 1825, addressed to Sir Francis Burton, referring to that of the 4th of June,had been placed in the liands of the Governor's civil secretary, A. W. Cochran, on the 23d of January 1826, and that in the presence of Lord Dalhousie, who was in the secretary's office at the time. That the civil secretary declared to the person by whom it was placed in Ins hands, that his Excellency would pay no attention to this despatch; and that he had himself so advised him. That this despatch which required so much neovcy, and which it wius im- pesuhle to cemmunicate to the House of Assembly, became, nevertheless, the •subject ojTlong articles in the ne\vspapers ; and that througli the intervention of liis Excellency's confidential secretar}', and under lus Ex^M^llency's autliority. wmmt wmm MlqHfrts o/ths Sjpecial CommiUtt on the ptHHoM agamsl Orwtaitett. That these newspaper articloH drawn up by the editor of the Qnebec Ofll* I cial Oosette, from notes publtshed by the confidential servant of His Excel- lency, and under his authority, contain remarks as ui^just as they are insult* ' ing to the House of Assembly. That his Excellency the Governor, the Earl of Dalhousie, refused to com- municate officially to the house, documents which ought not to have remained secret, and which were necessary to^he despatch of business ; while h« con- descended through his secretary to enter into anonymous discussions in the newspapers with regard to these very documents, in opposition to the House of Assembly, which he did not think it beneath him to insult. Your committee are of opinion that the act of his Excellency the Earl of Dalhousie in declaring that he had not in his possession this important doou* ment, which not only tended to clear Sir Francis Burton from an unmerited reproach, but which was besides necessary for the despatch of publib business, was one of those steps which nothing can justify, and becomes still more seri- ous when the elevated rank, the relative situation of the persons it conoeimed, and the importance of the business to which it had reference, ore token into consideration ; it M'as an act which went to destroy all confidence on the part of the people of this province, in his majesty's representative in this country. It appears to your committee that the particular iiuttructions given to the Governor in Chief by order of his majesty in two despatches from the minister of state, dated respectively 11th September 1820, and the 13th September 1821, were no longer to be found in the secretary's office when Sir Francis Burton assumed the reins of the government in tins province, and liad not been entered of record in the said office. That the censure directed against Sir Francis Burton with respect to tlie bill of supply passed in 1825, was founded on the presumption that he had acted in opposition to their instructions, of which however, it was imposfibU) he could nave any knowledge. , That the despatch of the 4th of June 1825, was not entered of record to- wards the close of the year 1828, and perhaps is not at this time. That the despatch of the thirtieth September 1825, is not only not entered of record in the civil secretanr's office, out does not exist there at all. Your committee cannot refrain from remarking the danger that must aris^ from exposing a document of this importance to the risk oi being lost or mis- laid by the carelessness or design ox the civil secretary. It appears further to your committee from the evidence of thie former civil •ecretary, A. W. Cochran, that the <;ivil secretary receives no commission and takes no oath ; that he is (according to the opinion oi Mr. Cochran) the pri- vate servant or officer of the Governor , and that his duties and his office are subjedb to no other rule than the vfill and pleasure of the Governor, which in the opinion of your committee would be alike subversive of the principles of our government, and in opposition to those of universal justice. Election for York and William Henry ; Dismissals of OflS- cers of the Militia^ and appointment of others in their stead. Your committee have recnved evidence of, and now lay before your Itonble. House, certain facts M'hich prove that lieutenant colonel Diimont, a violent 3rd Report* >\ ; , 'V.- i i ij \ ' i!; I 'l! ii i-SJ: ( 22 ) Ileportiofth* f^ecialCommiUegonthtpetitioniapaintt Qrievancei. 3a Ucport. violent pnrtisan ofth«ftdminiNtration of the Gorornor, lord DalhotiRi^, made , _ -^ - , hiR authority an commandant of the firat battalion of the county of York, Huh* servient to the RUoceM of hiM Roheme for cautiu)( himself to he re-elected ai re- presentative of that county by excitinf;^ fears amonnf the electors, and to his desigftt of punishing^ those who had supported an interest opnosite to his own. To accomplish this double purpose, he caused a ffreat number of respectable officers of this battalion to oe dismissed ; both before aud afccr the election for the county of York. Lieutenant colonel Dumont made use of the same <^ means in his endearoun to intimidate, or for the purpose of punishinff sack of the officers of his battalion as had attended the public meetingpi and borne a part in the deliberations which had taken place in the connt^, and in the steps which had been adopted for presenting petitions to his majesty and the two houses of the imperial parliament, and for laying before (hem complaints ojifuinst the administration of this country. As far as regards the latter of these motives, it is recorded in a general order of militia dismissing several of these officers, for having attended public meetings, tending (to use the terms of the general order published in English in the Quebec Oaxette by authority^ and dated the 12th July 1827,) to excite discontent among the people; whereas the assemblies which had taken place in the county, and their deliberations, had no other object than that of laying bevbre the king and parliament the petitions just spoken of. ^ Lieutenant colonel Dumont at the said time procurea commissions in his battalion for those who had seconded his endeavours to secure his elec- tion ; or who had acted in opposition to those who had taken part in the petitions in question. It appears to your committee that the officers thus dismissed, were all of them persons who enjoyed the esteem and confidence of the public ; who had all deserved them by their conduct, and almost all by the seal and activity they had shown in the service, particularly in the late war with the United States. Almost all these officers were dismissed or placed on the retired Hst, or thought it their duty to retire of themselves, on account of the disgust with which this conduct inspired them. Their places in this battalion were filled by mere boys, or by men who do not even reside within the county ,or who are without property and devoid of influence and credit in the place, and have none of the qualifications neoensary for ensuring the welfare of the service. These abuses nave been carried so far, that there remain only two or three of the officers who had commissions in this battalion before the last election, and the battalion is now composed of elements absolutely heterogeneous, and is totally unfit to answer the end which ought to be kept in view in the format tion of a corps of officers of militia. Your committee have to remark that this is not the only place in which recourse has been had to the dismissal of officers of the militia for reasons to^ tally unconnected with the service, as it appears to your committee from the' evidence they have received, and which they lay before your honorable house. Your committee cannot conceal their conviction that the object of a large proportion of these dismissals was to punish a great number of his Majesty's subfects in this province for having openly complained of some of the acts of the administration, and for having held constitutional meetings for their dis- cussion, with the view of afterwards addressing his majesty's government ; a line 0^ conduct which Lord I^housie has not been afraid to ciuusaeterixe as hoitile to his maje$tif$ government Your U. , ( ^3 ) Keporiaofthe Special Committee on the petitiom againti Grievancea, Your committee think it their duty to set a mark upon thin act of lord iDalhouHie, and to point it out to your honomhlo house as a lerioui attack ' I upon one of the most lacred rif(ht8 of Britiiih Huhject*, and as one which ^^ could toad to nothing less tlian to consununate the unhappinesa and ruin of mm nu^eMty's faithful subjects, by forbidding every, even the roost le^timate Ivoqipuufit, by cutting thera off from all recourse to the justice of their sove- Ireiffi^, and by leaving them from[that time forward exposed without defence laua ifithout hope, to revenge an4 oppression. ^ these facta, venous iis t^ey are both in their objects and in their conse- quences, appear, nevertheless, to your committee of diminished importance wbefi cQuipured with the fact they are now about to submit to the considera- kion of your honorable houne. Independently of these measures and many others of a similar nature adoptea in the province, it ai>pear8 to vour conunittee, that his Excellencv the Earl of Dalhousie, not satisfied witn the share of authority with whion ho was invested by the constitution, dared to violate the rights and privileges of the people of this province, their dearest rights, their most incontestable privi- leges, in a word, tiio elective franchise. in addition to the oth^r means employed by his Excellency to influence the elections, such as the unjust reproncnes addressed to your honorable house on the eve of the dissolution of psurliament ; in addition to the numerous dismis- sals at the time when the general election was at hajid ; in addition to the avowal made by the Attomey-general to the reverend M. Kelly, curate of 80- rel; of the interest taker bv his Excellency in his (Mr. Attorney-general's) I election for the borough of William Henry, upon which Mr. Attorney-general bid great stccss in soficiting the interest of M. Kelly; in addition to all these rnetmsj your committee have recorded in the minutes of evidence given before them, tne proof of the facts, that lord Dalhousie resided near the borough of Williani Henry, during the term of the election ; that the Attorney-general was one of the candidates, and Mr. Wolfred Nelson the other; that the Go- vernor's aidea-de-camps in concert with him, were active in supporting the candidate first mentioned; that the father of M. Kelly, the curate of the place, interested himself at the said election against the Attomev-general; that on this occasion lord Dalhousie conceived it his duty to order his aide-de-camp to write, and afterwards to write himself to the reverend M. Kelly, and to ad- dress him in terms of menace and warm reproach on the subject of the said election ; that lord Dalhousie carried his warmth on this occasion so far as to threaten the said reverend M. Kelly, to represent his conduct, not only to his bishop, but to his majesty's Secretary of state. Your committee do not think that after this there can be any hesitation to dedare that on this occasion the Earl of Dalhousie infringed constitutional privileges and violated the elective franchise of the people of this province. Your coj^unittee^have to add that Mr. Gale, chairman of the quarter sessions at Montrew, who luul played so diatinguislusd a pait under the administration of the Governor Lord Dalhousie, figured, ailso at this election as a partisan of the candidate in whose success the Governor took so warm an interest ; he yrmt so fiur as to solicit the vot'^ of an elector, by offering him money to vote ^n flavour of the Attorney-general. Your committee have further to remark iba^ ti^e same Mr. Gale lias since that time been deputed to Ei^land by the Govervor, who caused him to be paid out ofthepuotic monies qftheprovincCf a sum of thi'ce huudi'ed pounds sterling, on account of the expenus of his mission. . .,v ., » ^ Of !i' • I Sd rtepo.-;. m . M : I.. (I. l.L I • ( 24 ) . MepMtofth* Spetiai Committf on the pttition* againtt Chievmneei* 9A fieiioit. Of the use made of the Militia Ordinances of the old Legis- lative Council. . Among the grievances set forth in one of the petitions frota. the countf of Yoric, are certain complaints of the nse which was mado, under the late adminbtration of certain old ordinances of the Legislative Council, long since repealed bj- provincial stattites, for the purpose of anthorizing the' vbitrary proceedings which have called forth the remonstrances of roe petitioners. | The duty of enquiring into the stitte ctf" the 'miUtia havings devolved upon another committee, your committ^'ha^'e not thougl^t it right to enter deeply into tins subject, or to exanuAe the ^estion which has b^n raised as to the existence of these ordinances. They will confine themselves to a few remarks upon i^hat has been done in tht province on this subject. These ordinances of th3ivefy modified, changed^ altered and replaced in great part by others of more recent dicte, by virtue of other tenQjiorary acts ii^dt expired in 1814, and were revived m 1815 by ao act of the proVinciar I^;i^^ture, These acts having undergone the same fate in l8f6y'ifo person thought of re- vivinq the said anlinances without the authority of ^be prorincidpHlvraent ; hi T817 the Goremor confined himself to a^kii^ fh» renewal or0ie mfl^ia art, and his reccisixiendatioo was in hci folb>wrd ^y an act for reavf^Vt^ of 1803, ( 25 ) tteports of the Special Committee on the petitions agaimt Grievanceit It is easy to be convinced by reading tbo soocnh of his Grace the Duke of tiohraonu, r.t the time of thcproro;:;'afiou of t'vi provincial parliament in 1819, 3rd ReporN low Utile idea w:is then entertulinHl of reviviny these ordinances without the* kauotion of the provincial parliament. Indictments for Libel, .ind Prosecutions for Misdemeanors allcd^ed to have been coinniltted at the late Elections : Speeij^l Courts of Oyer and Terminer : Selection of Jurors, &c. : Ucturning Oliicer for the West Ward of Montreal. , Your committee to whom it lias been jfiA'en in charge to eiiquir^i concerninjf certain prosecutions which may be justly characterized as political, broiig^lit in the trriininal cotirts of Quebec and Montreal sin< „ the prorogation of the irovincial parliament, and foUo'ninfj^ its ^^ubsequent dissolutiua in the year [1827, a{?ainst individuals charged with haviutr publiiihed abusive libels, or with offences allcg^ed to haA'e been conmnttea at the time of the last ifen- orfll election, (the election at Montreal and that for the borouffh of William tit ry,) Mould have been desirous of besloM'iii;:^ on this subject that undi- rided attention which it so well deserved to eno^ag^e. The multiplicity of the ?«ii*"j cts upon which they have been (compelled to institute enquiries, has [necessarily put it out of their power to carry those which they nave made ipon this subject to the extent they could have wished. Trusting that a lore favorable opportunity will occur, they have at least been enabled to col- lect and notice some facts and important considerations which are attached |to this subject. Your committee have to remark upon the prosecutions instituted in the cri- liuiual courts by the attorney*general, for abusive libels relating to the ad- Iministration of the Governor, the Earl of Dalhousie, against divers printers lor editors of newspapers and other persons ; that both before and after the jtirae when the productions complained of were published, the grossest libels land abuse of the people of this country, of the House of Assembly, of the J Commons by whom the people m ere represented in provincial parliament, and Ipf public men and others who c|>posed the admiuistration of the Governor, J Lord Dalliousie, were circulated within the province and eke where, by means [of the two Gazettes.- published, at Quebec and Montreal, to us« the terms I of the papers themselves, by authority. Some of these abusive libels were lalso found in the Quebec Mercury a<\d the Montreal Herald, papers notor- [iouflly in the interest of the late administration. No one of the Editors, printers, or writers of these Gazettes was in any j way M^hatever troubled on this acco^int, however insulting the language there 1 held might l/e, and although in many instances, it went so far as to accuse the ■persons attacke(\ of the most atrocious crimes, not excej)ting even that of iHi^h Treason. — Your committee do not intend to turn this into a reproach against the Attoniey General, by whom alone in this Country, all Criminal Prosecutions of whatsoever nature are conducted, ft might appear to him that the abuse of the Liberty of the Press, is an evil attended with much lesa danger that the constraint occasioned by Criminal accusations, he might [believe, and prehaps he was righ:. in believing, that these produotioni D brought (26) !t ! 1. . m 3d Report. ReporU of the Special Committee on the petitions against GHevances. brought with them their own anti<'ot«», in the disfiust which they must ins-l pire. He might even feel the same contempt for these Cahimnies which vcm -> felt by those against whom they were directed. But your Committee, couldl not help reflecting seriously on this subject, when they considered that it I was thought right to p.osecute those to whom the intention of insulting orl defaming the then administration was imputed, while the unbridled licence I of its partisans, some of whom were at the same time loaded with favors,! was in some sort authorised ; and your Committee have even to observe that I a Quebec Orand Jury, after having found some of these indictments, made during the same term a representation against the licence which at that I time reigned among the Pubuc Papers in t!ie interest of the administration. Before enteil^:^ upon the consideration of the particular circumstances I attending these indictments, as regards the Courts, before which they were! brought and the manner in which they were conducted ; Your Committee must remark, that one of the persons indicted for Libel, (M. Charles Mondelet) resides in the Town of Three Rivers, nearly ninety miles from Quebec, at which latter place he was brought before the Court of King's Bench, for the | District of Quebec, although it is beyond a doubt that he could have been pro* secnted without difficulty in the District in which he resided. This single cir- umstance would, from its nature, call for the most earnest remonstrances, but I it acquires fresh importance when we consider the abuse which exists in the District of Quebec with regard to the selection, of Grand and Petty Juries, | before whom it was of course necessary that the said Indictments should be laid. It has in feet appeared to your Committee, that in the District of Quebec, the Canadian popiuation or the number of persons bom in the Country, is to that of those who being born elsewhere have established themselves here, in the proportion of at least eight to one. Whereas on the one hand, only half oi the Grand Jurors summoned are Canadians : The greater number, three fourths are commonly from the city of Quebe ? ; and on the other, the Petty Jurors are summoned almost exclusively from the City ; that is to say with the exception of about one eighth, who are summoned n-om the County of Quebec alone, although the junsdistion of the sheriff of Quebec, extends over eight Counties. Your Committee have to make, with respect to the Criminal Prosecu- tions instituted within the District of Montreal, for offences alleged to have bpeu committed during the elections at Montreal, the same observations they have laid before your Honorable House, with regard to the Indictments for LibeL No one of these prosecutions was directed against the partisans of those Candidates, who were themselves the partisans of the late adminis- tration, although it was notorious that acts of the same nature as those im- puted to the persons attached to the opposite party, might have been proved against them. Your Committee have in this place to observe that the general Election was immediately followed by a great number of Indictments for Perjuries alledged to have been committed by the Partisans of a Member of this House then elected at William Henry, which Indictments were laid before the Grand Jury at tha Court of King's Bench, holden at Montreal for the cognizance of criminal matters in the September term of 1827. Similar proceedings were institi'ted with respect to the other offences before spoken of, charged .. ; ,: ^ ... •. -> ;-,-., . „. ■, upon ( 27 ) Reports of the Special Committee on the petitions against Grievances. |)on persons who had voted in favor of the members elected for the West IatA of the City of Montreal, in opposition to the Candidates who were oartizans of the administration. r The majority of these Indictments were thrown cut by the Grand Juries, ^t the said Court. The Attorney General there considered it his duty to have recourse to a ^ery extraordinary proceeding, (to say no more of it), that of filing an Ex- J Officio information against some of those person;? against whom the Grand [jury had maintained no charge. Proceedings of a far more extraordinary character were adopted. The iGovernor Lord Dalhousie very shortly afterwards recurred to the exercise of the prerogative of the Crown, and ordered that a special Court of Oyer and [Terminer should be holden at Montreal in the Month of November 1827. Your Committee, before submitting to your Honorable House, their re- Imarks on the nature of this species of Court of Oyer and Terminer, have Ito notice some particular facts respecting that which was holden at Montreal, I at the period just spoken of. The Grand Juroi's at this special Court of Oyer and Terminer, were not I even all capable of exercising the rights appertaining to the quality of active Citizens, their being some among them who possessed no Keal Property 1 whatever. Among the members of the Grand Jury, by which Bills of Indictment for the oftences alledged to have been committed during the last Election for the west Ward of the City of Montreal, and previously thrown out by the Grand Jurv, at the Court of'^King's Bench were found ; your Committee have seen with profound regret that the Foreman of that Grand Jury, was one of the very persons alledged to have been attacked by some of the persons so indic- ted. This person had himself been a warm Partizan of the unsuccessful Can- didates, and with his associates, returned as true bills. Indictments for mis- deamenors imputed to those who had acted in a manner contrary to his wishes I and to the interest of the party to which he was attached at that Election, I which had been hotly contested. This Grand Jiu*y appears to have been partly composed of persons who I had also borne a zealous and active part in the Election, which had .,. en place at the City of Montreal the Summer before, during and with regard to which the offences charged upon the persons indicted were alleged to have been Committed. The same things may be paid independently of the abuses in the mode, in hich they were returned and selected of the special jurors summonded to attend the Coiut of King's Bench in September 1828, by whom it was ille- gally attempted to try the persons indicted. Many of these Jurors had been, at the time of the Election attached to the party opposed to that supported by the persons indicted, and from circumstances which are evenwitnin the knowledge of ^our Committee, and of public notoriety at the place, could ! not be otherwise then violently prejudiced against them. Your Committee cannot help remarking on this occasion, how little the selection of Grand Jurors has been governed by the Rules consecrated by t*.e {principles of Constitutional Law, and of the Government under which we ive ; this abuse is yet more striking in the selection of Petty Jurors, cho- sen, as they always are, from the Town of Montreal and its suburbs without txcepiioH ; 3rd Report. ni '■\ mi hi 1 W' - ( 2S ) Raporti of tt^e Special Committee on the petitions against Grievances, 'A RiMiorf. ^^^^'^^P^'on ; as if all the Citizens of the District of Montreal had not the sanut -'-^'t to the exercise of the pH'cious and inalienable privilege of beiug tric«l| _, liejr Peers and fellow (Jiti/ens, talvcn from the body of the Country and from anionji^ tho!irth to just com- plaints and to the most lively alai*m, respecting the manner in which prosecu-. tions against persons indicted before the courts of criminal jimsdictiou aro conducted. Your committee have above all to remark that one of the candidates who had been unsuccessful at that citation, was among the number of the special jurors, and that the list of these jurors had been made by the other candidate who had been unsuccessful ; both candidates having had a common interest in the said election. A mode of sidecting jurors, by which instead, of being taken from the mass of the population or from among those \^'hom the law calls without distinction to the fulfihnent of this duty, they might be selected, or as it were, packed — summoned exclusively from among the inhabitants of a particular place,or from a particular class — cannot be more compatible with liberty, than it is with a the rules of impartial justice. It is repugaant to eveiy pviuciple of our go- vernment, ^d can tend only to the ovci*throw of the constitution of th country. Your committee have to express their profound regret that principles di^ rectly opposite to those on which alone the secuiity of the citizen and that of the authority of the government itself depend, should have been so long and ^o constantly acted upon, more especially in the conduct of prosecutions Arising out of the last general election. Yoiir committee do not think it necessary to enter into the discusBioa or fzamination of the legality or of the propriety of renewing a prosecution of ( 21) ) Report* of the Special Committee on the petitions against Grievanet' the same nature and for the same offence, avithout adjournment, and have no connection with the ordinary courts, the terms i)fi I, :f 1- til i ■ (30) 3d Report. r :■ lieports of the Special Committee on the petitiona against Grievances. of which and the periods at which they must be holden are fixed and es- tablished by law. ■^ Your committee further perceive from the evidence they have received, that the holding of these courts is a mode of depriving persons indicted for misdemeanors of their right of traversing, whicli was in fact denied in these courts. Special courts of oyer and terminer of this nature, were designed to supply the place of the ordmary courts, upon rare extraordinary occasions, when from the distance of their next regular terms, the tranauilit;y and safety of the state might be endangered by delay. And besides, nothing but the necessity of emptying the gaols if they had been crowded with prisoners under prosecution, could have justified proceedings of this nature : it seems as if the motives on the occasion alluded to had been directly opposite to this : instead of making use of these special courts for the trial of persons imprisoned under prosecution for crimes, a great number of indictments for mere misdemeanors were laid before them ; and more particularly as your committee have already obser- ved, at the special court of oyer and terminer holden in November 1827, which was made use of for the purpose of renewing indictments of this na- ture, which had been thrown out by the grand jury at the court of King's bench, in the preceding September ; and that since the close of the said court of oyer and terminer, it has been found necessary to revive by certio- rari, the proceedings which were followed by those already noticed, and among others by the attempt to have these indictments decided upon by the verdict of a jury, such as was established only for civil causes and for courts of a nature purely civil. With regard to the complaints set forth in the petition from Montreal, respecting the returning officer at the last election for the west ward of that city, your committee have to observe that he did not reside within the ward over the election for which he presided, and this is without doubt the rear son that the oath he took is not in conformity with the terms required by the law. It appears also that he was only joint proprietor of the freehold by which he believed himself qualified as an elector. A fact still more extra- ordinary remains to be mentioned. It was the intention of the returning of- ficer, and he took steps, the tendency of which was to cause the military force to interfere in the election, and that at a time also, when by his own avowal, the public quiet which had been disturbed on the third day of the election, had been (according to his own evidence) re-established with the greatest ease. An attempt oi this nature could not fail to alarm the citizens who might be exposed by mistakes of this kind, (if indeed we can be sa- tisfied to give this name to those of the returning officer in question,) to experience the horrors of war, on occasions when they are called upon to i^xercise their rights as citizens. Ordered: — That the Chairman do leave the chair and report. <> .> The whole nevertheless humbly submitted. D. B. VIGER, Ch'n. FOURTH xed and es- (SI ) FOUUTH REPORT. 1 ■1 CoMMiTTEK Room. Thursday, l^tk February 1829, Present: — Messrs. Vigerf Heney^ Lefebvrcy Leshey and Neilson. I2ih Fcby 1829. Mr. Viger in the Clydr. THE Special Committee to whom have been referred the petitions from 4th Report, the County of York and the City of Montreal, those from the District r— — -^ » of Three Rivers, and of Paul Brazeau and others, containing complaints of grievances, have agreed, to make their remarks upon the manner in which the Magistracy has been composed at Montreal, and other giievances peculiar to that City, the subject oi a fourth report. Manner in which the Magistracy of Montreal is composed, and other Grievances peculiar to that City. Your Committee, occupied, as tbey have been, in enquiring into so great a number of important grievances and subjects of complaints, common to the whole Province, could with difficulty enter into minute details with respect to the complaints made by individuals, of which they have already spoken, or of those which more immediately concern the citizens of Montreal, set forth in the petitions referred to your committee. With regard to these last, your committee have to remark that the subjects of grievances peculiar to Montreal, widch they contain, relate principally to the employment of the monies raised from the citizens for maintaining and keeping in repair the streets and highways, and other matters of the Pohce of that City, which are by the statutes of this Province placed under the control of the Justices of the Peace. A law which should place in the hands of the ci- tizens themselves the conduct of such of their affairs as are purely municipal, and the administration and employment of the revenues arising from the as- sessments paid by them, would at once take away every pretext for the com- p ints and reiterated petitions brought before the Legislature upon matters of a nature purely local, which should be left to the management cf those whom they immediately^ concern. But there are certain facts connected with this subject, of an import- ance which will not permit your committee to dispense with laying some of them, at least, before your Honorable House. Independently of the consi- derations of general interest to the whole Province relative to the commission of the peace, issued in March last, which have been already mentioned, your committee have not been able so see without astonishment the materials of which the Magistracy of the City of Montreal is now composed. Your Committee have already laid before your Honorable House, as far as regards the small number of the Magistrates in Montreal bom in the coun- try, compared with that of the persons coming from other places to settle among 'i r ill I *• = :! w l# ( 3« ) ■ f lieports of the Special Committee on the petitihns against Grievances. %i H "^:. 'y w 11 4 th Report. Mo I) amonjOf us who arc Includodin the commission, certain rcmarkn toMliich tliey do not think it necossary at this raom(;ntto revert, any more than to sevtnil ^othesr concern injf the issuin«rof tliat commission, which relate equally to the Justices of the Peace in the (Jity of Montreal and those in every other, part of the Province. Laying aside these considerations, and others of the same nature, your com« mittee have first to remark with respect to the Maifistracy of Mon- treal, that many Justices of the Peace appointed for that City,appear to have been destitute of nil landed property. Others were known to be in a state of bankruptcy at the time the last commission ii^ued : and some of them do not even pay assessments in the City the attifiu's of \vhi<;h they administer, and the revenues of which are applied under their authority. Two of the Justices of tiie Peace in the city of Montreal, arc amon^ the proprietors of the water works established in that city. They are daily obli- ged to break up the pavements of the streets, to di;uf in t^cm to prevent or interrupt public communication, in order to construct or repair the canaU, to lay down or to take np the pipes which serve to conduct the water with which they supply the town. Thev are directly interested in all questions which may be raised, and w!;ich are in fact daily raised with respect to this import- ant branch of the police of the citv, the administration of which is placed in the hands of the Justices of the Peace. These persons have been seen to sit with their fellow Magistrates, M'hilst they wero dcliberatinn* on measures adopted with regard to works which these very Mujj^istrates, proprietors of the water tvorks had caused tobecairied on ; and when the means ot obviating the inconveniencies arising from them, or of comjHilliujf the discontinuance of those bv which the public were incommoded, were the subject of discussion; by "which means, these proprietors of water works became in fact, judges in their own cause, and the abuse waa carried still further, when one of them was appointed a member of the committee for overseeing the work to be done in the streets of Montreal. One of the Justices of the Peace for the District of Montreal, and acting as such in the city itself, uas at the same time and still is one of the Clerks of tl^e Market for that city. He has been seen to sit on the Bench with his fellow Ma- gistrates, at the verv time they >\ere discussing the formation of a tariffof fees to be allowed to the Clerks ot the Markets, and did not leave the Bench till the anomaly was reraiU'kcd to him. He lives upon an allowance granted him out ofthese fees which are re< ilated by the Magistrates of the City of Montreal, and which are in this city paid by those who sell provisions on the markets. Lastly and above all the present Chairman of the Quarter Sessions of the Peace, is at the same time, by his own avowal, an advocate and King's Coun- sel in all the Courts of this Province, and head of the office called tlie Police Office in the City of Montreal. Your Committe cannot refrain from observing how much contradiction and incompjitability of things repugnant to each other, there must be, in this union of different o^ces functions and interests ; with what dangers such a state of things must be attended, what dreadful consequences it may, ami must bring with it ; and lastly, I'ow hurtful it must be to the true interests of the citizens of Montreal as well as to those of the Government itself. The con- caatration in the same person of the functioos divided between two persons befoifa ( S3 ) Reports of the Special Committee on the Petition against Grievances. before tho appointmont of Mr. Gale, appears also to have been followed by I disadvantageous eftbrts in retarding the despatch of business. These and other circumstances nave had the unfortunate effect of cooling'' jthe zeal of many of the Justices of the Peace, so that it is frequently difficult to find Maijpistrates to hold the 8e8sion8,and the late Chairmen of the Sessions have at times been respectively under the necessity of payings a Magistrate at their own expense when they were compelled to be absent. Pussin<^ over several subjects relating to these complaints of the citizens of Montreal, your Committee have to remark, (as am example,) that the salaries I of the Clerks of the Markets (which are paid out of the fees collected as be- fore mentioned, from those who sell provisions in the markets,) are in fact paid to three persons; now one of these persons is, as has been before re- marked, a Justice of the Peace and lives in the country at the distance of twelve or fourteen leagues from the town ; a second receives an allowance out of these fees, and one person alone performs the duties of the office. One proof of the little regard paid in this country to the most express pro- visions of the law, is, that the Justices of the Peace of Montreal, omitted, in [ the year 1828, to hold on the first Monday in every month, general meetings for the regulation of the work to be done in the course of the month to the I streets, and other tilings mentioned in the first section of an act of the Legisla- ture of this Province passed in the fourth year of His Majesty's Reign, chapter I four, by virtue of which th^se general meetin«fs ought to be held. The pro- ceedings adopted in respect to the Justices of the Peace, are contrary to the provisions of this Act. Jt appears, moreover, from the evidence received by your Committee that the Justices of the Peace at Montreal have taken upon themselves to lend out the monies raised by assessment, although they have no other controul over the said monies than that of regulating and directing their application to the roads and certain other purposes expressly mentioned by the law. They had no right to make use of them in any other way, and particularly in that just mentioned. As regards the complaints made by the Petitioners of the refusal of the Ma- I gistrates of Montreal, to accept a certain market, your Committee have not on this subject any more than on several others, re. eived such information as would enable them to form a correct j udgment, or to report any decided opinion. Your Committee have to remark, however, with regard to anotiier subject, that it is to be regret^'ed, that no means have been found for changing the I course of the Little River, which runs behind the City of Montreal ; since the I thing appears, according to the information received by your Committee to be practicable, and since by leaving the river in the state in which it now is, the citizens sulfer much from the insalubrity of the air arising from it. Your Committee will go no further into t ese remarks, relating to com- plaints upon matters of an interest purely local. They will be satisfied with adding, that they believe they Jave laid before your Honorable House facts and considerations full / sufficient to show that I the Petitioners had just cause for dissatisfaction, and to point the true source i of this dissatisfaction, and the means of remedying it. Ordered^ That the Chairman leave the Chair and repoit. The whole nevertheless humbly submitted. (Signed,) t. B. VIGER E Chairman. • [P fi| 4eh Rpp.irt. h ^ \ m ''\ 5 f '• ^ it I H I! ( 34 ) I Minvtcs of Evident^, n I' ], i h 'A 11 m In- :!";■! HOUSE OF ASSEMBLY, Committee Room, Iriday, 5th December 1828. fitb Deer 1828. ^^ Committee on divers Petitions complaining of Grievances. Present: — Messrs. VigeVt Heney^Neih^iiyLeslieyLabrie «aA.Bourdages. Mr. Viger called to the Chair. Ordered^ That Andrew William Cochran, Esquire, be required to appear before the Committee to-morrow at 10 o'clock, A. M. [Adjourned till to-morrow at 10 o'clock, A. M. Saturday, 6th December 1828. etbDecr 1828. PRESENT: — Messrs. Viger, Bourdages, Heney, Lefebvre, CuviUiery Leslie and Neilson. Mr. Viger in the Chair. The Honorable Andrew William Cochran appeared before the Committee, | and was examined. , Were you Civil Secretary when the writs for the last general election issued ? Yes. At what time was Henry Griffin, Esquire, appointed Returning Officer for the West Ward of Montreal ? I cannot exactly say < ' \ What is the mode of selecting H etuming Officers ordinarily adopted ? They are appointed indifferently, sometimes at their own request and sometimes at the recommendation of other persons. On some occasions they are appointed on the suggestion of the Clerk of the Crown in Chancery when he happens to be personally acquainted with them. According to which of these modes was Mr. Henry Griffin appointed ? When I ^ft the office, I tore up, among others, the paper containing the list of those persons who had been proposed as Returning Officers, or who had made application to be appointed as such ; so that it is impossible for me to say according to which mode Mr. Henry Griffin was appointed : — this paper I was only a sort of memorandum for my own private use. Do you remember that Mr. Griffin made any objection to his appointment as Returning Officer ? Not | A. W.Cochran, Esquire. (35) Minutes of Evidenee, Not to my knowledge; it appears to mo, howflver, that "omo delay took g.u q .gj- [)]acc in the appointment of one of the Returninc^ Officers for Montreal ; but I Cannot now I ocoUcct for what part of Montreal; nor from what cause the ieliiy arose. The writ of election for the West Ward of Montreal, whic issued on the !th of July, did not come into the hands of the Returning Officer bef Monday, 2^nd December 1828. 120(1 Dec. 1828. Present : — Messrs. Viger^ LefebvrCy Bourdages^ Heney and Cuvillier. Mr. Viger in the Chair. J. Delisle, Esq. John Delisle^ Esquire, Clerk of the Crown and of the Peace, for the Dis- *— ^— — — 'trict of Montreal, appeared before the Committee, and was examined :— 1. — What is your age ? I am forty eight. 2. — Hare you always resided in the City of Montreal ? Yes. 3. — How long have you been Clerk of the Peace ? > , About fourteen years. 4. — Were you employed in the Peace Office befor* that time ? I have been employed there since the vear 1800. 5. — How long have you been Clerk of the Crown ? Three years ; I was deputy for several years before, at least eight ^ears. 6. — Have you brought with you the list of the Grand Jurors summoned at the Criminal Term of the Court of King's Bench, and at the Courts of Oyer and Terminer j held at Montreal during the last five } ears ? I have i and I nowproduce them, (see the file marked A in the Appendix to this Report. J The figures marked in red ink before the names of the Grand Jurors in these lists, point out those who were sworn, and the order in which they wero so. 7. — Haye you a list of the Bills found or thrown out bjf the Grand Juries attending the said Courts, for the last three years ? Yes: 1 now produce it. (see the marks JB. C. andD. in the Appendix to the present Report. J 8.— ( 37 ) t MiwuUt o/EviiUne*. 8. — Have you A list of the Special Jurors iiummon''d to attend at the 1a!e Miigistrates for the Town of Montreal P Yes ; Inow produce it. fseeunder themark F,to the Appendix tothia Report.) 10. — What is the place of reHidence of the Grand Jurors whose names are krmed in the list marked A, from February and March 1824, to May 1827, ^usively ? They are all resident in the Town or Suburbs of Montreal, with the ex- bptionof one only, who resides out of the City, but Mithin the limits of the parish of Montreal. II. — From what place were the Grand Jurors summoned for the September Term of 1827 ? From the City of Montreal, with the exception of ten. 12. — From what place were the Grand Jurors summoned for the Court of ^yer and Terminer held in November 1827 ? From the Town of Montreal, with the exception of nine, of whom seven ^ere sworn. 13. — From what place were the Grand Jurors summoned for the March term in 1828 ? Thirteen vi ere from tlie Country, one of whom was not sworn ; the others ere from the Town. 14. — From what place were the Grand Jurors summoned for the Courts ' Oyer and Terminer held in Aug^nst 1828 ? Twelve, of whom two were not sworn, were from the Country; the others ^ere from the Town. 15. — From what place were the Grand Jurors sworn for tho oeptemberTerm ' 1828. Nine, of whom one was not sworn, from the Country, the others from the fown. 16. — Do you know from what place the Grand Jurors for these Courts, lere summoned prior to the year 18Ji4 ? I cannot recollect. 17. — From what place have the Petty Jurors for the same Courts, been immoned, durinff the period of time of which you have been speaking ? In general, all n>om tne Town, it is possible some might be trom the Pa- fsh, but I doubt it. 18. — Have they always been taken from the same place since you have been lerk or Deputy Clerk of the Crowa ? Yes. . . 19. — Can you say in what manner the list of Special Jurors for the Septem- er Term of wiiich yqu have before spoken, was made ? It was taken from the Hst of Special Jurors for Civil causes brought before ie Court of King's Bench. 20. — By « horn was this list of Special Jurors drawn up ? By the Attorney General and myself from the list which was shewn us by ^e Prothonotaries of the Civil side of the Court of Kingr's Bench. I < li wmm ( 58 ) Minutes of Evidence. who refused tJ J. DeVsle, Esn ^*^*<^''' on this occasion in the place of the persons indicted, K_ .^ [ _[^8trike a Jury. 22nd Dt;c. i 828. Ordered, That Charles Mondelet, Esquire, of Three-Rirers, AdvocateJ be required to appef.r before the CommiLtce with all 'convenient speed. 1 [Adjourned until to-morrow] t I ill !i J I ' w i i 1 i'' m I I !'• Tuesday, 2Srd December 1828. fiSid Dec. 1828. Present: — Messrs. Vioer^ Heneyy CuviUieVf LefebvrCf Leslie and B&,tr'\ d':.ges, Mr. Fig'cr in the Chair. John Delisley Es(juire, appeared again, and his examination was con-j tinuea. ' 21. — Was an indictment laid before the Grand Jury in t' e last September j Term of 1827, against Joseph Conf 'untineau and others for having assaultedl and beaten a Magistrate in the execution of his duties, and who were the! persons indicted ? Yes, this indictment was brought against Joseph Constantineau, Eloi Be-| neche dit Lavictoire, Augustin Lauriau and Jahu Woolscamp. 22. — What was the opinion of the Grand Jury with respect to this indict-j ment ? The ii dictment contained two Counts : the Grand Jury threw out the I first altogether, and found a bill against Constantineau on the second Count.l 23. — Were any other proceedings instituted against the same persons duriDgj the same Term, and for what ? Yes, another indictment was laid before the Grand Jury, during the sam«j Term, against Joseph Constantineau, Eloi Beneche dit Lavictoire, Etiennel Benecbe dit Lavictoire, Augustin Lauriau, John Woolscamp, Louis PicardJ Louis Dechantal, John McDonell, and Joseph Barsaloue, ior a riot, and fori hadtg, withforce and arms, impeded an election, and assaulted and beatenj the Returning Officer; this bilfwas thrown out by the Grand Jury. In the! same Term the Attorney General filed an ex officio Information, against I the person? I have just named and for the same offence. I 24. — Were any proceedings instituted agaiust the same persons or some ofl them, and with reference to the same indictments at the Court of Oyer and I Terminer held at Montreal in November 1827 ? Yes, a bill of indictment was laid befoie the Grand Jury against the samel persons last mentioned, and for the sanie offence ; the Grand Jury on thisl occasion found a true bill against Constantineau, Eloi Lavictoire, Lauriau,! Woolscamp, Dechantal, and McDonell; and threw out the indictment as| far as it related to Etienne Beneche, Barsaloue and Picard. 25. — What proceedings afterwards ♦ook place relative to these indict- j ments. On motion of the Attorney General at the same Court of Oyer and Term- 1 iner, the trial on this last indictment was fixed to take placv in September ast, before a Special Jury. 26.- 1 (39 ) if I Minutes of Evident: ■Hi 2fl. — Were you a Candidate at the election for the West Ward of tlie Town j Ddhie, Montreal, with respect to which Constnntiueau mid the othors were iu-* ^1 Es),. [;ted for riot aad for aa assault and battery on the lluturniug OlHccr ? I Yes. ^ . 1 27. — Who was the Magistrate alluded to in this indictment ? Mr. Henry McKenaie. J28. — Was not the same M»*, McKenzieone of the Grand Jury before whom indictment against Goustantineau and others were luid in ^T^'ovember f 27 ? [Yes, Mr. Henry McKenzie was Foreman of the Grand Jury ^t that )urt. 1 29. — Who was the Returning Officer at the said Electiv..n, and on whom the ii^ault and battery mentioned in the said indictments were alleged to have ^en committed ? I ilenry Griffin, Esquire. 130. — ^\Va« this the same Henry Griffin whose name is found in the list of [e Special Jurors before whom the trial of Coustantineau and others was ced to take place in September last ? He was one of those who were summoned. ' 1 31. — Did not Mr. Peter McGill also offer himself as a Candidate at the same bcasion, and did he not lose his election 'i Yes. 32. — Was he not one of the Grand Jurors summoned and sworn at the riminai Term in September 1827, during which indictments were laid be- ire the Grand Jury against Coustantineau and others ? Yes. 33. — Is the same Mr. McGill whose name appears in the list of Special rors before wb -n the trial of Coustantineau and others, was appointed to {e place in September last ? Yes, Mr. McGill was one of those who were summoned. 34. — Was not Mr. McKenzie considered by you and by Mr. Gill, as being sent at the said election more in th o quality of a partizan than in that of a gistrate ? I believe so. At "/hat time did the last Commission of the Peace for the Pistrict of ontreal issue ? To the best of my knowledge, in March last. 36. — Did this Commission produce much alteration in the number of Jus- bes of the Peace ffr the District ? Much alteration; the names of a great number of respectable Magistrates ho had been included in the precedmg Commission v/ere i^ot to be found in e list. 37. — Was it not notorious, that the striking out the names of some Magis- ates ."ad the insertion of others who had not before been included in the 'ommission, were owing to their respective political opinions ? I believe so. [Adjourned till to-morrow at 10 A. M. Wednesday^ 23rd Due. 1828. • ■ . ^ I 'I n 1 M w- I m in Minutes of Evidence. i^ ■ ■ ^ I :f'; Wednesday y 24ilh December 18^8. J.DelMe, Esq. Present :— Messrs. F/^fcr, Hencxjy LefebvrCy CuvilUer and Eourdagee. 24th Dec. 1828. Mr. Fi^'er in the Chair. , . Jb/m Delisle, Esquire, again appeared and his examination was continued.! 38. — Were there many indictments for perjury laidhefore the Grand Juryj at the Criminal Term of September 1827 ? ' * There were five, of which four were thrown out and one found. 39. — What were the names of the persons indicted ? The four iir^t indif-tments were against Antoine Paul Cournoyer, Nicholail Buckner, Antoine Aussaut, and Joseph CUiprood ; the one that was found} was against Joseph Allard. 40.— Did not these indictments relate to perjuries alleged to have been comJ mitted at the election which took place in the course of the summer for the| Borough of William Henry? Yes. ^^ ■ ■ ■■■ '■■■^■'' 41. — Was it not publicly notorious that the Attorney General had been a| Candidate i\t the said election ? Yes. , ■"■■ '' ■ 42.— Wa it not equally notorious that he had lost his election ? Yes. 43. — Were fresh indictments brought against the same persons and for thel same offences, at the Court of Oyer and Terminer held in the month of No^l Te^nber oft: e same year ? Yes, against the same persons; and also against Jean Baptiste Cantara,! Rosalie Saint Michel and Louis Allard, for perjury alleged to have been! committed at the same election, and these eight b'Us were found. An indic^| ment was also brought againt Louis Marcoux for subornation of peijury, andl this bill was also found. I 44. — Were the persons so indicted tried duriug the sitting of the saidi Court of Oyer and Terminer ? | „ Ijot one of them. 45. — Were all the persons so indicted compelled to give security for theirl appearance at March Term following ? I To the best of my knowledge they were all obliged to find security for their! appearance at the Criminal Term in March following. ' 46. — Were they brought to trial during the said term in March ? ^ No. 47. — Were they again obliged to give security ? :,, I think they were, for the September Term following. (1828.) 48.-r Were the > brought to trial during the last September Term/ 1828.) i Only one of them was tried, Joseph Claprood, and he was convicted. 49. — Were the other persons so indicted put under bail ? I believe so, to the best of my knowledge. >iO,-.\ (41 ) Minutes qf J2vide)tre, 50. — la what manner did these indictments come befo«e the Court of Kiny'i Wh? ' J.DeliiJe, They were removed from the court of Oyer and Terminer, by a Writ*. Certiorari addressed to the commissioners of the said court of Oyer and 24th Dec. terminer. 5 1. —Were not all the Judges of the court of King's Bench included in the lumber of the commissioners of the said court ot Oyer and Terminer ? ' Yes ; and according to the tenns of the commission, the court could not held without the presence of one of them. 59. — Were you clerk of Uiesc said courts of Oyerand Terminer ? Yes, by virtue of a special commission for ea<;h of the said courts. 5S. — WjM*e indictments for Libel broujjfht against certain Editors or Frin- en of public newsnapers during the sitting of the said Court of Oyer and i^erminer held in November 1827 ? During the sitting of the said Court of Oyel* and Terminer in November B27, the Grand Jury fc md three indictments ; one against Jocelyn Waller id Ludger Duvernay; another against the same person, and a third against unes Laire. 54.-- ^Vc the persons so indicted Editors or Printers of public new*, kapers' , Yes. "^ '"^^ 55. — Were further proceedings taken against the said penums before th« lid Court ? No. 56.— Were they put under bail, and what leas the amount of the bail ? They were put under bail for their appea '■ ace in the March Term follow- og, (1828) and as far as lean recollect the amount of the bail, was j£500 for le principal, and £250, for the two securities on each indictment. 57«^Were they not, at the same time, obliged to g^ve security for theur jfood behaviour ? Yes, that was included in the bond>, 58. — Were proocedir^ taken against the sajd persons^ in the Criminal Term ''the Court of Kiufr's B»nch, held in March ? No proceedings ^ ne %ken against them, but they were compelled to give fc-esh security for ti '- a M'th of September folloHing, (1828) and during the ourse of this Teur. -^m^ drdered, on the motion of the Attorney General, plat they should be bro i,htto trial before a SpecialJury, in the September Term following. 59. — How did these indictments come before the Court of King's IBench ? They were removed from the Court of jOyer and Teraiiner to the Court of ling's Bench in March, by a writ of Certiorari, in the same manner as the khers of which I have before spoken. I 60. — Were any further proceedings taken on these indictments, or on any if them, in the September Term following ? 1 Special Juiie^ ^A been had in all the cases of which I have before spoken ; i return had be- r. r^e by the Sherkf c^ the Special Jurors summoned on the Tidictmcnts fbu^ni j^nst Joseph Constantineau, Eloi Ben^che, Ai^^tin i'Oriau, John Woolscamp, Louis Dechantaland John McDonell. This Jury F. waf ii-r ili ! :i ': >i M' I I il-! illi 'm mv:: \m ( ^2 ) '^ • Minutes of Evidence. ^as dismissed at the instance of the persons indicted, and no other proceed! J^Deliaie, Esqr. j^^g ^^^ place on any of tiie indictnients of which I have spoken. jT^" ~^ 61. — Were not the list of Jurors, (of which that made by yourself and tliel -Hh jjec. 1828. Attorney General was one) taken from the list drawn up for the Courts Civil Jurisdiction ? Yes. G2. — Had a Special Jury ever been moved for in the Courts of CrimiD!!!| Jurisdiction before the peiiod of which you spoke ? No. 63 — By whom were you required to strike the Special Jury ? By the Attorney General. 64— What is the duration of the March Criminal Term at Montreal as fixeJI by the La\v ? From the first to the tenth inclusively. es.'^Did it not happen that there were two Siindays in the Criminal Ten held at Montreal in March k ^ Yes. 66. — Is it not true that no ii commonly takes place on the first and las days of the Criminal Terms at Montreal ? Yes. 67. — Is it not true that during the said Criminal Term in March last, thi Court sat two days at Montreal without being competeiat, and that severall trials took place on these days ? I I remember only the 8th, the day on which the trial of Edmund Burke ani Jean Baptiste Ouellet, indicted for capital crimes, took plaice before a Petti Jury who brought in a verdict against them ; no judgments were pronouncdl in consequence of this verdict, because the Court was not competent on tli 68. — Is it not true that the incompetence of the Court was producedby thel absence of the Chief Justice, who md not preside in the Court on that day I Yes. 69.-^Do you know Messrs. Henry McKenzie, Alexander McKenzie an| Geo. D. Amoldi, who were among the number of Grand Jurors who attendei the Court of Oyer and Terminer, in November 1827 'f I do know them^ 70.-^Doyou know whether they have any real property ? I do not know any which they possess. 71. — Do you know whether any other person than the Attorney Genen ever conducted the trial of periions indicted at the Courts you have spoken i either for alleged felonies or for mere niisdemeanors ? 1 never knew it done by any other person.- 72. — Is it common to proceed without distinction before the Courts of Oy«j and Terminer and in the Term; on indictments for mere misdemeanors as wef as for felonies ? Yes. 73. — Are indictments often prosecuted in these courts for misdemeanOn which, might have been brought before the Court of Quarter Sessions ? ( 43 ) Minutes of Evidence. Yes. 74f — Do not these prosecutions in the Courts of King's Bench and of Oyer f' ^"(" ^' f ^^q**,; I And Terminer occasion much greater expense to the Province, than if they ^- . _.^ ' were brought before the Court of Quarter Sessions ? ^**'* "*''• ' 828. Much greater : in the Court of Quarter Sessions sub-prosecutions cost the * Province twenty shillings. 75. Does it not often happen in the Courts of which you have spoken that indictments are thrown out py the Grand Jur^, and again brought at subse- * • quent Terms of the Court; and can you mention auy ? There are several; besides those of which I have spoken. 76. — Can you mention any ; and what was the nature of these indictments? In February and March ] 827^ a bill was found by the Grand Jury, against Olivier Bedard for Grand Lt* '><;eny, and against Andr^ Jobin for assaulting a Bailiff in the execution of Ij^is duty. In the Court of Oyer and Terminer held in May 1827, indictments were again laid against the same persons for the same offences, which indictments we^e thrown out by the Grand Jury ; and in the Court of Oyer and Terminer held in November 1827, an indictment was laid against the same Andr6 Jobin for the same offence ; which indict- ment was also thrown out by the Grand Jury. 77. — Have there been several Criminal Terms of the Court during which the said Andr6 Jobin might have been tried, since ^February and March Terms pfl827? Yes. ■ ' [Adjourned until Friday next. Fridai/, 26th December 1828. ^ . - Present: — Messrs. Viger, Cuvilliery Hene^, Lefebvre, Bourdages and 26*h Dtc 1828. Leslie. Mr. FiV/er in the chair. i John DeHsUy Esquire, again appeared. ^ < 78. — What was the number of Grand Ju. ors attending the Court of Oyer and Terminer held in November 1827, who were residents in the Town of Montreal? ' # Fifteen. 79.— How many of the Grand Jurors attending the Court of King's Bench during the Criminal Term of September 1827, were resident in the Town of I' Montreal? There were fourteen. David Bossr Esquire, Chairman of the Quarter Sessions, for tbie District p, Rost, Esqr .of Montreal, appeared. * n t ■• :.:i Dec. 1828. n % hm Minute* of Evidence. 80. — Are you one of the Justices of the Peace for the City of Montreal, hoit, Esq. m^^ since what time ? I have been a Justice of the Peace since March last. 81.— Are jou of the City of Montreal, and how long have rou lived there ? I am of the City of Montreal, and have lived there upwards of 40 years. 82. — Are you an advocate practising in the Courts of Justice^ and how lonff have you been so ? I hbve been a practising Advocate since the year 17927 83.-r-.When dia the hist Cominission of the Peace for the District of Mott" treal issue ? I t^ink it was about the month of March last. S4.--'in what place was vour name inserted in said Commission ? I was named at the head of thid; Commission. 8d.'~«-Have you any other Commission relative to the Magistracy of the Justices of the Peace ? Havingbeen named at the head of the Commission, I was immediately after- wards appointed Chainuan of the Quarter Sessions, in March last, by Letters Patent issued under t)ie Great Sea) of the Province. 86.— oDid the new Commissions for the District of Montreal, make any great change as to the number of the Justices of the Peace, or the persons ap- pointed to that office ? " The new Commissions made no great change in the Town, aiTto the num- ber or person of Justices of the Peace — I do not recollect that any new Jus- tices were appointed except myself ; four or five of the old ones were left out — several Justices were left out in different Parishes in the District, I do not recollect their names. 87. — Can you say who werie the Magistrates that were left out, and where they resided ? They all resided in Montreal, and their names were Messrs. Larocque, Baron, Heneff, Mondelet, and Leslie. 88. — Do you know what were the motives which induced the omission of their names in the new Commission ? I do not. 89.^Do you know the motives to which their omission was generally as- cribed by the public ? There viere many reports and surmises abroad about the reasons which had •cMMAsioned their being struck out of the Commission ; I cannot tell which oi them was the t^ue on^e ; it was however generally supposed in Montreal, that four of the Justices had been \eh out of we Commission for having signed a Supersedeas with r^rard to a matter in which they had previously agreed witii their brotiier Justices, ii^et in S^ial Session : This applies to the four first named Justices ; as to Mr. Le$he, I never knew the reason of his being left out of the Commission, and I know as little about the reasons for which the gentlemen residing in the Country Parishes were left out. 90. — Do you know by whom the list of Justices of the Peace to be submitted to th^ €K>yeriior, before the last C9mmission of the Peace wa8 issued, was drawn out ? I do not know. 91.— D. Rot$, Etqr. -^r^ (45) Minutes of Evidence. )]. — By whom was the List generally made bofore this time, when it was fended to issue a new Commission of the Peace ? (l do not know. <>fi.h n |92. — It is not to your knowledge, that these lists were generally made un- *''' '***• the direction of the Judges of the Court of King's Bench, or were not sent [wnto Quebec previous to tlie issuing of such Commission, bofore they had Droved of them ? fot having any knowledge of wha is done by the Judges of the Court of ig*s Bench, I cannot say how this is managed. 3. — Have you not known of several instances where, after General Com- Issions had been issued for the District or for the Province, Commissions the Peace have heen issued for the appointment of one, two, or even of se- al individuals? Jn several occasions after the issuiiuf of general Commissions, association Immissions of the Peace have issued rorthe appointment of one, two, or even (several individuals- )4. — By whom were these new appointments recommended ? '. cannot say. ^5. — Besides the motives that were assignedby the public for the omission the names of the four Justices of the Peace you have mentioned,in the Commissison of the Peace, was it not generally supposed that the said Btices had been left out of the Commission of the Peace on account of their Inions on the Public affairs of the Province ? meddle but little with political matters or motives; I know there were ^eral reports abroad, and I cannot say to what the omission of the names of se Justices in the new Commission was attributed : I have however heard eport abroad in the public, that the Country Justices had been left out of Commission of the Peace, because it was said they had used the influence possessed as Justices, to get up petitions against the measures of Go- ' iment, and the then Governor. )6. — Are you personally acquainted with all the Justices of the Peace for City of Montreal ? am. ^7. — Can you say whethertheyare all, to your knowledge, possessed of real perty ? cannot say that they have all real property, to my knowledge. Having 'ted over the list it appears to me tnere are three who have no real pro- y, they may however nave such property without my knowing it. |>8. — What are their names ? lenry M'Kenzie, whose real property has lately been sold. The Hon. stain Byng of the Royal Navy, stationed atthe Isle-Aux-nrnx, has no real berty ^,o my knowledge in this Province ; William Pardy has not any real Iperty ii the Province to my knowledge ; though it is possible they may [nave real property without taiy knowing it. 1)9. — Do you know the five Justices ofl^e Peace whom you have mention- ' I and whose names were left out of the last Commission issued for the [itrict of Montreal, and how long have you known them ? have known them for several years past 100.— \\ !l ■ > \ \\ ''■W !l ; ■ - . . 'w- ■ : ' '" ( 4(3 ) ■■'■■■■', »■ - .*,■'■ Minutti of Evidence. 100. — What reputation have they enjoyed, and do they now enjoy a« p . fftuT , Egqr. as you Unow y £6ib Dec. 1828. ,^V enjoy » ffood reputation anion«r their fellow citizens, and I know no thin^ to the contrary. 101. — Did not several partial or pfeneral Comniissioiui of the Peace, issu a short time before the Commission of March last ? I am not certain, but I think that some time before the month of Marckl laHt a Commisson of asRociation issued appointing one or two individuals, r^| sidinjif in the Upper part of the District of Montreal, Justices of the Peace. [ 102.— In these Commissions, were not the names of many persons, whu were not previously in the Commission, included ? If such Commissions issued they must of necessity. It appears to me, havil included the names of individuals, as Justices of the Peace, who were notin-j eluded in the precedinor Commissions of the Peace. 103. — Are you a King's Counsel in the Court of King's Bench, for thj . District of Montreal, and since what time ? I had the honor to be appointed King's Counsel for the Province of Lowefj Cauarla, in the year 1811; and since that time, I have resided and now resid in the citv of Montreal ? 104'.— l)id not several of the presetit Justices of the Peace hold emplojj nicnts in the military or other public departments at the time the last gvm ral commission of the Peace issued ? In looking over the list of the names therein inserted, I find those of sev* ral persons who, at the time the last general commission of the Peace issue held situations in the military or other public departments (if they can considered such.) The persons I allude to are, Mr. De Boucherville, whoji Inspector for preventing accidents by fire — Mr. Leprohon, Commfssaryt Transport— and Mr. Bouthillier, Principal Inspector of Pot Ashes — thcHoil Henry Byng, of the Royal Navy, stationed at Lile-aux-noix — William PardjJ Staff Surgeon — William M'Kay, Colonel in the Indian Department — Willia Lunn, Naval Storekeeper, andD. C. Napiei*,of the Indian Department: I nu]| , add that, to my knowledge, for upwards of forty years, the gentlemen holdioj ^ the public situations above mentioned, have always been in the Commissioni the Peace ; I also know that Deputv Commissary Genwal Clarke, of Moij treal. Was a Justice of the Peace during that period, and a more useful an active Magistrate was not in the Commission ; I may also add that it \ been the custom to anpmnt as Justices of the Peace Military men station at the outposts to act tnere as such in case of need. 10.5. — Do von know whether the Justices appointed by the Commission ( the Peace, wliich issued in March last, have taken the oath of office '? I am myself one of those named in the Commission tp ;idmini8ter the i oath to the Justices, and I know that the Justices who had not takd the oath Of had not quaHfied themselves before the issuing of the new CommiiJ sions, or at least some of them, were sworn iq by myself after the oath ' been previously administered tome by Mr. Leyecque. AH the Justices, tbatis th old Justices, who had been named in previous Commissions, and includedi the Commission of March last, and who had qualified themselves by havir taken the oath, did not again tak« it after the issuing of the Commission < Ma I '« Minutes of Evidence. ' irchlast, it havinjr been deemed unnecessary. Several of the old Justices at- ^^ /j^„ fj^q,., knded at my office when I administered the oath by virtue of a dedimug po- ^ '. ^ > istatenit and they said that tliey had taken the oath and Qualified themselves ggth Dec. 1828. (Justices since the accession of the present Kin^, aud that they considflred unnecessary to repeat t^eir oath, and declined doin '*:. h iVI 'I- 1 1 1 : i ( 48 ) , ^ « Minutes of EviJenci. private aflTMrs, in order that the office mif ht not be without a competent ^ D. Ross, E^qr. gon to do the duties thereof, and to be constantly in readiness to answer tli| *~- -V ■ -"'calls of the public, I have made an allowance out of my own pocket to indpn S7th Dec. i8S8.||ify i\iq Justice who attended constantly, and did my duty in the office dil ring^ my absence. 1 14. — Has that often happened ? , No ; and only in the interval between theTerms. 1 15. — From whom did you obtain leave of absence ? From the Governor in Chief, upon application in' writing*. 116.— Are there not among the present Magfistrates persons who are pn prietors of the water-works and who frequently have occasion to break uptlij pavement of the streets for the purpose of repairing or laying down pipes [ conducting the water, if so, hamethem? I believe that Thomas Porteous and Henry Griffin, Es(juires, two of tlii , Justices appointed by the Commission, are two of the proprietors of the Mot treal water-works, and to carry on those works they have frequently occasia to break up the pavement to repair or lay down the water pipes, and I undeij stand they do so under a pubbc law made with respect to the said wati works. 1 17. — Is there not a sura of one hundred pounds out of the monies raisedli assessment appropriated by Law to the purposes of the Police at Montitalj Yes, that sum is under the immediate control of the Justices, and paid I the Road Treasurer on the order of the Justices. 1 18. — Hus it ever happened that the whole or any part of this sum, has withdrawn from the hands of the Road Treasurer on the order of one Ju tice of the Peace ? I have no knowledge that any part of the said sum has been permanent) withdrawn from the hands of the Road Treasurer on the order of one Justia The Law says that one hundred pounds are appropriated to the purposes of tlj Police i and I had conceived that as Police Auigutrate, it was payable to i order. I thereforedrew on the Road Trear^ver for part of the said sum; a doubt arising on the subject, I submitted the question to a Special meetiij of the Magistrates, and they were of opinion that the said hundred pounds i at their disposal, and I agreed to return the money I had received from Road Treasurer. 119. — Are you one of the Members of the Watch and Night-Light Comii tee of the City of Montreal ? lam. * 120. — Have the funds appropriated for those purposes been exclusively ea ployed to the purposes for which they are appropmtedby Law during the pn sent year ? Yes. Til. — Was there no sura whatever proceeding from those funds, paidt any individual not connected with this establishment ? In May last, soon after I was appointed one of theWatch and Night-Li(^ Committee, I heard various reports spread against the Watchmen employe^ in the City of Montreal, that some of them left their Posts, and that othfl wieut to sleep thereon, and got drunk. I used every endeavour to find < (49 ) Host, £iqr. Minutes ofEsidmee. Itlie pprsoiiH 8o minbohavingf in vain. Findinjiif that they would not inform one lasfainMt auothec, I took another method to obtain the neresflary information;^- |l emidoyed a man of the name of William Moon, who was unconnected with ^"^ — he Watchmen, had been recommended to me as a trutity person, and bad be-^^'** ^^*^* l^M. Jon|j;ed to the Police at Dublin, to make the rounds at different hours from those at which they were usually made by the Officers of the Watch; and this Check had the desired effect ; — the drunken Watchmen, and those who were in the habit of sleeping, nefflectin^ their duty and leaving their posts, were found )ut. The whole of the Watchmen were summoned to attend, and these men lismissed after a reprimand, and other men more trustworthy were employed In their stead. This measure had the most salutary effe<;t, for it is known that since that time the Watchmen have been more on the alert in doin"» ^^^*^ Coiumission of the lVa4;c, on uccount of their roHpeotive politid| opinions ? Such wnH the public report. 131. — D<> you know that any Magistrates were left out of the Commissioal for any particular reaHoii heHides the general one above mentioned ? I have nonerHonal knowledge tothifl eifect, but the i>;enerul opinion wnil that Messrs. Mondelt^t, ileney, Larocqueand Ikiron, hacl been left out of the! CoraniisHion because they had made ucertain order of suptnedras, tlie effect oil vhich Mas to suspend the execution of an order jfiven by these four jfentle*! men, conjointly with several other Justices of the Peace, with respect toal nuisance which was said to have been committed by Mr. Stanley Ba^<(. 132. — Were you present at the meetinjf of the Majjistrates held on thel subject of the said Stanley Bii^^'s business, and which gave rise to the saidi order oi snpersedcaa ? Yes. 133. — Were you at the meetinjor held subsequently to the issuinuri)08U of tukin;;; into conNidonition the Ucport of the Iniyiector of ^oads made on the 14th July instant, in relation to the encroaohnients of Itanlf y lijijfjf, and the trupersed<;as of Jean M. Mondclot, IInfi|;ueK lieney, Tno- las 'Jaron and Frnnvoi« Antoino Larocqne, Ksquirt^i, forbidding'* the cxe- ^ ution of the order g^ivttn by the body of Mai^ihtrates on tlio 8Uth June lattt, lid for the purpose of determiniu^jf the ulterior prooeedinfrs to be adopted in onsecptence, when, after Htatementx on the partof divcrH Ma^istiateH in re- fttion to the subject of the mcetinf^f, and after hcarinir tite said Jean M. Monde- Bt, and others in answer, it was, by a majority of sixteen against three, Mr. .nrocquo not votingf — (Messrs Mondelot and Baron, havin;^ vitlidrawn Dec. 1888. rom the Meeting: Resolved Ist. — That on Saturday the 10th May 1827, at a certain Special 's«ion of the Peace held by the Mjijfistrates at the Court House, in the ('ity If Montreal, thereat were present, Samuel Gale, the Hon. Charles William Irant, J. P. Leprohon, Thomas Porteous end Thomas A. Turner, Esquires, lien and s 'ill Justices of our Lord the Kin;^, assigned to keep the peace fol* 18 DistricI; of Montreal, it was ordered by the said Session, in s) 'istance and t' effect folio wing : — " That the Surveyor of Roads should forthwith, ling to the 58th se(?tion of the 36th (ieo. 3, cause notice to be given for jioval, within seven days, of certain nuisances and encroachments made, as therein alleged, upon a certain publio street and place in the City of Montreal, by Stanley Bagg, and that in default of si.ch removal by the party concerned, he, the said Surveyor, should cause the said encroachment and nuisances to be removed, subject to the payment of the charges, ex- . penses, and legal penalty agiiinst the pei*8on offending." That at subse- luent Sessions of the said Magistrates, certain papers and petitions from the Wd Stanley Bagg in opposition to the execution of the aforesaid order were kid before the Magistrates, and the said Stanley Bagg having desired to give his easons in justification of the said encroachment, and to be heard by Counsel Ihereon, his request was granted to him, and in consequence, the said Stan- ly Bigg having been fully heard by Counsel, at a Special Session of the Ma- fistrutes, for that purpose held at the Court House after various adjournments, fu the 30th day of June last, at which wore present Samuel (»ale, Honorable ^harles William Grant, J^an M. Mondelet, J. P. Leprohon, Jean Bouthillier, Phos. Porteous, Wm. Robertson, Thos. A. Turner, Pierre de Boucherville, ]!harles Fremont, Hugues Heney, Franyois Antoine Larocque, Pierre Dc locheblave, James Leslie, George Auldjo, Horatio Gates, Peter McGill, Win. iunn, Robert Froste, Henry Griffin, Thomas Baron and John Molson, Senior, Esquires, then and still Justices of our Lord the King, assigned to ^eep the Peace for the said District, it was thereupon again ordered by the aid Magistrates aforesaid at the said last mentioned Sessions, (Pierre de boucherville solo dissentients J that the Surveyor of Roads do proceed to |be execution of the said order of the iPth May last without delay, according Law. That nevcrthelesi it appears by two certain doouments, copies of Mch I 'l!f in [ I' 1 hi (52) Minutes of Evidence • each other, and called Supersedeas, bearing date at Montreal, thesoventh daj p. De Boucher" of July past, whereof one is produced, with the Report of the Surveyor of i tnUct E»qr. Roads assi^inghis reasOi^.f. for not having executed the said order, was under! ' ^""""^the hands and seals of the said Jean M. Mondelet, Hugues Heney and Thomas 27th Dec 1828.j|jy^jj ttfcresaid, and the other produced by the Clerk of the Peace, was un- der the hands and seids of the said Jean M. Mondelet, Hugues Heney, Thos. Baron and Francois Antoine Larocque, aforet>aid, that they the said Jean U Mondelet, Hugues He^ey, Thomas Baron and Francois A. Larocque, witb> . out calling a meeting or giving notice to the body of the Magistrates of the said City of Montreal, either previously or subsequently, having assumed and tidcen upon themselveis of their own private motion, and out of Sessions, to declare in their Ma^terial capacity, that various proceedings, verdicts of Juries, and determination of the Sessions, some whereof bear da' j so lon^ ago as the hear 1825, were contrary to law, and have further presumed, and taken upon themselves, by the said documents, to prohibit the accomplishment I of, and to command and require the Surveyor of Roads to abstain from, the performance and execution of the said order, twice solemnly given, at regu-l far Sessions of the Magistrates, the last whereof was upon notice given to I the entire body of the Magistrates held and convened for the sole and special I purpose of finsd hearing and determination after the audition of Counsel up- 1 on the objectionsof the said Stanley Bagg, and of the Crown Officer in reply.l Resolved 2nd. — That it was in the power of the said four last mentioned I Magistrates, "according to custom and usage, to have called a Session or tol have given notice and to have taken the sense of the 'r associate Justices re- 1 sident iL> the said City with themselves, before they assumed theextraordinaryl and unpi ecedented authority which they have exercised, declaring the o*' ^ ficial acts of the Magistrates of former years to be illegal, r^id of prohibitiu^l the execution of the recent decisions of that body twice deliberately givenj and that their deviation from the accustomed course was a violation of pro-l priety and of the respect and deference, to which that body was entitled. .% Resolved 3rd.-— That, in consequence, the Chairman of the Quarter SessioM I be desired to lay before His Excellency the Governor in Chief, a humble re- 1 presentation of the facts above mentioned, and praying that His Excellency I will be pleased to take such course in the premii$es tM in bis wixdom mayl seem meet." • '''• *• I ojiposed the whole of these Resolutions and proposed one of which the^ following is a copy : | " That an authentic copv of all the proceedings wbicl? have taken place inl " August, September and October, 1825, together with all the proceedings hadi " in May and June last, relating to a certain street laid out behind the Gene-I ** ral Hospital, and a certain document commonly called a <^«jt7(;r«er/ea«, signed! " by Jean IMarie Mondelet, Hugues Heney, Thomas Baron and Franfoiil " Antoinc Larocque, be placed in the liands of the Crown Officer, with in-l " structions to him to adopt such as he shall deem expedient to obtain il " speedy and legal decision couoerning the same. I ..cv .;■ .,-.....- .,::-■ xhi» m », was UQ- r 53 ) f'inutes of Evidence. Thu Resolution wasneg^ativcd : — I requested tliat it might be e«regiptered, „ jj^ jj„ tc/cr |lut the major "ly decided against it. „,^^^^ £"qj. ' «^ .y _^ 137. — What was the consequence of this meeting ? 27 ih Dec. 1828. The gentlemen who had signed the Supersedeas, addressed His Excellency I the Governor in Chief, complainingof the proceedings uf the Magistrates with Ircspect to them, and pmyuig that justice might be done them. They asked I me for a copy of the mot' on made by me at the Special Session on the 4th of August, winch they inserted in the statement tney made : this request was made to me in consequence of the refusal they had met with from the Clerk of the Peace, to furnish them with a copy. This last named person acted in pursuance ot Mr. Gale's orders. 138. — Do the Justices of the Peace at Montreal generally enjoy the confi- dence of the public? No; on the contrary the irritation appears to be at its height; we have lost [the confidence of the public. 139. — To what can this want of confidence be attributed? When, in 1819, I wentio reside in Montreal, I thought I perceived that Ithe Magistracy did not enjo;, that consideration and that moral influence which lis so necessary in the a,dministration of municipal affairs: I sought for the {cause of this, and thought I perceived it in the first place, in the establish- iment of Hms Police Office. The rank given to the person at the head of this j establishment is that of Chairman of the Quarter Sessions. Before this office {was established, the Magistrates vtere brought into daily communication ; thw correspondence was general ; their ideas and their researches became the joint property of all; with regard to such works as were calculated to add to the [beauty or convenience of the Town, the Magistrates with one coiisent, con- I suited the wishes of the public. Now the correspondence is secret, or com- I municp/.ed to certain individuals, public opinion is neglected, and thence I arises tuat carelessness which (disunites instead of uniting us. 1 he public, a severe but always an impartial judge, perceived that the municipal powers were concentrated in a small number ; the power, therefore, was in the hands of a part, and not in those of the whole. This concentrated power produced suspK ■ an and alarm ; many among us, believing that a crisis was at hand, made I and still make efforts to repossess themselves of the power that has been aban- I doaed, which must necessarily be foUowed by the restoration of public vuu- fidenoe ; but the struggle has been too severe: it is only by the exertion of a superior power that the Magistracy of Montreal can be re-constituted in a manner conformable to the wishes of the public. I ought on this occasion to do justice to Messrs. M*Cord and Mondelet, and to state that these gei>tlemen always yielded to public opinion when it wa? clearly expressed, and <;hat they are supposed to have been the victitns of an ikidependent action. Secondly, at our public elections, several Magibtrates instead of remaining quiet spectators, espoused warmly, under the pretext of loyalty, an interest opposite to the wishes of the people; pretended interest under which was concealed a hatred of every thing Canadian. Thirdly, instead of confonning to the ideas of the 19th century, it seems as if we desired to seethe absurd opinions of the 17th re-established. 140. — You have, in what you have just said, given your opinion as to the causes H }: ^ .^j I I, I 1 -f III -^ Minutes of Evidence. causes of the discredit into which the Magistracy of Montreal has fallen ; could P. De Boucher-you now oUgj>estany means by which, in your opinion, this body could be re- vUle, Esqr. stored to its former place in the estiination of the public, and be a^ain invest- ^~ T^v— — 'ed with that respectability and production of that utility, with which it ouffht 27ih Dec. 1828 to be attended? * For great evils, whether physical or moral, I believe the most efficacious remedj' lies in the extremes ; a superior power alone ' is capable of applying the remedy, and it would be rashness in me to wish to suggest it. Monday/, ?^th December 1828. (! ! I •I i '" h . Present: — Messrs. Vigery Cuvilliery Henej/y Bourdagesy Lefebvrey Lcs'\ lie and Neilson. D. Boss, Esqr. Mr. Viger in the Chair. 29ih~Dec 18^8 David RosSy Esquire, appeared, and his examination was continued :— ; 141. — Do you know that one Cameron was accused of murder, and that on indictment was found against him by the Grand Jury at one of the Courts d^ Criminal Jurisdiction at Montreal ? Yes. 142. — Was he admitted to bail and when? ■ He w as confined to Gaol for a length of time, and afterwards, as I understood, that no positive evidence could be procured against him, he was admitted to bail; I cannot say when, but it was some months ago. 143. — What was the amount of bail required ? I do not recollect it. 144. — Were not proclamations issued for the apprehension of the murderer of Watson, offering a considerable reward to any person who should discover him? . • . . Yes. 145. — You have mentioned that the business never remained undone for want of attendance on the part of the Justices of the Peace ; did it never i happen that the Court, of which you are Chairman, was adjourned because the Justice or Justices of the Peace who were sitting with you wished to at- tend to their private business ? That never happened. 146.— W!io is the Clerk of the Market at Montreal ? There are two, Mr. Louis M. Marchandand Mr. B. Leprohon. 147. — Does Mr. Marchand live in the City of Montreal ? No; I understand he lives on the Chambly River. 148. — Has he not lived in the country for several years past ? Yes. 149. — Do you know whether he receives the emoluments attached to that situation ? Ikno> rangerae that sucl 150.— loney o cet? I do 151.- angs ( .55 ) Minutes of Evidence. I know nothinor about his emoluments; but I 'inderstand he Iia? «ome nr- ranfferaent w ith Mr. Leprohon who performs ;lie duty, and I have no doubt « » i? — • that such IS the case. , ' _ ' ^ 150. — Is there any other person who receives a compensation or sum of 29th Dec 182B, loncy out of tlie salary attached to the situation of Clerk of the Mar- ket ? I do not know. 151.— Have th3 Courts of Oyer and Terminer held, from time to time, in |the District of Montreal, any connexion with the Court of King's Bencli ? The Courts of Oyer and Terminer are Special Courts appointed at the [ing^'s pleasure, as occasion may require, ana have no connexion with the Jourt of Kinfj's Bench, except when the proceedings are removed from the '. ^ourt of Oyer and Terminer to the Court of King's jliench. 152. — Ihd not the Court of King's Bench for Criminal matters sit one or nore days in March last without being competent ; and what was the cause )f the incompetence of the said Court e The Court of Criminal Jurisdiction was established in this Province by the, Fudicoture Act. By that Act it was made nececsary for the holding of the pourt of King's Bench for, the cognizance of criminal matters, that the ^hief Justice of the District should be one of the Judges present on the )ench. This xvas found inconvenient, and an Act was passed authorizing two 'uisne Judges to hold the said Court, which continued for|some lime to be the bractice. The last mentioned Act being a temporary Act, expired ; and I Relieve that inadvertently and without considering the expiration of that Act, jwo of the Puisne Judges held the Criminal Court in March last, for one day. In the absence of the Chief Justice, and it u as afterwards considered, as soon |s the inadvertency was observed, that the Court had on that day been hold loram mm Judice. 153. — Was the Chief Justice of Montreal, at that time, indisposed or ab« kent ? I believe that the Chief Justice, who is very seldomabsent from tii* ittingg 1 ^f the Court, was indisposed on the day alluded to in my preceding answer. 154. — Were any of the persons who had been indicted, tried on the day you ive spoken of, and on which the Court was incompetent, and for capital of» lences. ' To the best of my recollection, I believe a man of the name of Burke was ried for returning to the Province from transportation, whereby he was ac- iised of breaking the condition of a Pardon which had been granted to him, fterhehadbeen, as I believe, convicted of a capital offence. 155. — Did the Petty Jury find a verdict against him on that day ? Yes. 156. — Did the Court pass asevitenee on the said Burke on that occasion, if bt, what proceedings were adopted with respect to him ? I The trial of the said Burke en the day above alluded to, as well as the ver- , uct, were held to be null, and were considered as not having legally taken klace, and he was on a subsequent period tried again (as if the former trial . kad never taken place) and was again convicted. I 157. — Do you recollect whether on the day the Court was incompetent, , [ther trials, for capit'Al offences, took place? J.^,— > \ .11 ■\ !! m: '■'\ 'W HI Vlv-^ } ' (56) ■V| t Hi 1 r ' ,t 5 1 ;■ III ■ 111: I I'' : :! Minutes of Evidence. I do i20t. / ^■V' 158. — Did the Grand Jury find any bills of indictment on that day ? - I had no duty to perform which required my continual attendance in tlif I 89th Dec. 1828. Cjjm^^^ tjjq business was conducted! by the Attorney General, I canuoti therefore say whether any bills were brought in by the Grand Jury or not. 159. — Are not the Justices of the Peace ob%ed by the Act 5th Geo. IV.I Chapter 3, to meet tog^ether every month during; a certain part of tlie yeaj and make out a statement of the works, &c. which ought to be performed in I the Town an 1 City of Montreal, and to name a Committee of their body tol superintend ;he said works ? The Magistrates are authorized by the said Act to meet on the first Mon-i ^yof every month during the whole year, and give such directions asinayl then be required and necessary ; and they are also authoiized to name a Con-j mittue of from three to five Justices of the Peace, to superintend the said| works. 160. — Was that I*aw carried into execution at Montreal during the pre<| sent year ? . That law was carried into execution at Montreal, during the present year, I The Justice? however did not give orders respecting the works on the first Monday of every month; this was deemed unnecessary, as they had given I general directions to the Committee in the month of April or early in May I fast, to carry into execution and effect a general plan which had been sub- mitted by the Road Committee, and approved of by the Justices ; the execihl lion and accomplishment of which would have required m^^ch greater funds I than those at the disposal of the Committee. I 161. — Was the Committee of three or five appointed for one month or for | the whole year ? I believe they were appointed for the whole year ; and such has been the] practice at Montreal. 162. — Is not the Inspector of Roads bound to m»ke, every month, a re-| port of the labour to be performed in the Town? Yes ; that officer was not, however, called upon to do so last summer, ex- cept in one or two urgent cases, which were reserved in the general report I just alluded to, on account of his having made the general report which had been approved, and which is alluded to m my former answer. 163. — Are the Justices of the Peace at Montreal, authorized to lend any| person the public monies of the Town; and under what ircumstances? They certainly are not. 164. — Was not an order given to the Road Treasurer at any time, and by I whom, to advance or lend one hundred pounds, or any other and what sum, to the persons appointed to establish a new market-place near the General | HospiUu ? I nave not the least knowledge of such a thing. No such order was given I since my appointment. M^. Ross withdrew. Ordered, That Jean Philippe Leprohon, and Lewis Guy, Esquires, be re- 1 quired to appear before the Conunittee on Monday, the Imh Janua] y next. [Adjourned to the call of the Chair. it; '-W'-n (57) Miimten of Evidence. Tuesday, 30th December 1S2S, Present :— Messrs, Vinery Heney^ Lenlie^ Lefchvre, CuviUier, and Bour* dages. . ,;.v;,r..i [,-.,^j Mr. Viger'va. the Chair. ' , .. - • , .;; John Deliahy Esquire, appeared, and his examination was continued. 165. — Are you Treasurer of the Roads at Montreal ? Yes. I 166. — Did you lend any sum out of the public monies in your hands to any jindividuals, or corporation, by the order of the Mii^ristrates ; and when ? It was ordered, at a Special Session of the Magistrates, that there should Ibe advanced or lent to the Trustees of the proposed Market near the General iHospital at Montreal, the sum of one hundred pounds, on account of v hich, las well as I can recollect, I paid between twenty and twenty five pounds, in [coasequence of the order I had received from the Magistrates. 167. — Were the Trustees of the Market also Magistrates ? ' Yes. ' 168, — Is there among- the Justices of the Peace any one who pays only the capitation rate of half a dollar, and does not consequently pay any assess- lent ? There is one. 169. — Who was Chairman of the Quarter Sessions before Mr. Gale ? Thomas M'Cord and J. Marie Mondelet, Esquires. 170. — Did they fill that situation for a long time r ' For several years. 171. — Did those Gentlemen resign or were they dismissed from office? ' Tliey were dismissed. 172. — To what was their dismissal generally attributed ? The public supposed that they had been dismissed, because, together with ather Magistrates, they had insisted on their right of appointing the High Nonstable. 173.— Did not the High Constable you have spoken of, act before as such, during the absence or sickness of the iHigh Constable, and vrith the approba- ion of the administration ? He had done the duty of High Constable for several months during the suspension of the former High Constable. 174— You have ah-eady mentioned that the Criminal Court of March 1 828, Bat one day without being competent, can you now state whether the Grand Tury returned any bills of indictment on that day, and j^ainst whom ? A bill of indictment was returned by the Grand Jury, on the eighth day of larch, against Jocelyn Waller and Ludger Duvernay, for libel. 175. — Did you thereui on enter this bill of indictment in the list or record )f the Criminal Court, in which you register all the bills of indictment returu- |ed by the Grand Jury; and under what number ? I thereupon entered and filed it under the No. 32. 176 — Did the same bill go out of yourhands, when, and for what purpose? J. Delisle, Esq. '^ , . 30th Dec. 1828. U? hi-- i ■ \ :| , ;' Iii'a II 1 ( 58 ) ^ Minutes of Evidence. Ti lit! V ^ returned this same bill to the Attorney General at his request, and he . • ^""'^' ^"^'^'. again preferred it the same day to the Grand Jury, on the tenth of March | SOth Dec. 1828. 1*^® ^* ^y of *^® Term) and it was found by the Grand Jury as it had be- * fore been. 1 77. — Did you enter it again as found on that day, the tenth of March ; and I under what number ? I entered it under the same number, and urote underneath, "^led the tentk.^* ' 178. — Do not the Precepts addressed to the Sheriff during the last five years, issued out of the Courts of Criminal Jurisdiction for Montreal, of which von have spoken of during your examination, enjoin him to summon the | furors from the body of the said District ? Yes ; from the body of the District. 179. — Is it true that several partial Commissions of the Peace issued, be- 1 fore the last general Commission issued in March last, and after the last pre- ceding i^eneral Commission for the District of Montreal ? I believe there were several. 180. — Were not the persons against whom bills of indictment were pr^ I ferred, and whom you nave already mentioned, that is to say, Constantineau, Eloi, and Etienne Lavictoire, Lauriau, Woolscarap, Picard, Dechantal, Mo Donell and Barsalou, publicly known to be partizans of the candidates who | were elected at the last general election for the West Ward of Montreal ? It appeared so to me. 181. — Are there, in this Country, Courts of Assize or other Courts which I have any connexion with the Courts of King's Bench for Criminal matters ? No. 182. — Was not a correspondence entered into between the Secretary of Hij Excellency Lord Dalhousie, and Messrs. M'Cord and Mondelet, then Chair. men of the Quarter Sessions, respecting the appointment of a Iligh Consta- ble at Montreal, during, 1823 and 1824 ? Yes. 183. — Was that correspondence entered into the Register of the Special I Sessions of the Peace at Montreal, of which you are the keeper ? I believe so. 184. — Can you lay before the Committee the correspondence which took] place between the Civil Secretary, Mr. Cochran, and the Justices of the Peace of Montreal, respecting the appointment of a High Constable at Montreal be- N tweenUie month of October 1823, and the end of the year 1824 ? No ; because I have not the Register with me. 185. — When shall you be able to produce the said papers to the Commit' tee. I could send them immediately after my return to Montreal. Ordered^ That Mr. JDelisle do transmit the said papers to the Committee | without delay. 2>. Ron, Siqr. David MosSf Esquire, was again called before the Committee, and ex* amined. 1S6.I m (39) Minutes of Evidence. . 186. — How can persons against whom indictments have been returned for _ misdemeanors in the Special Courts of Oyer and Terminer which you have r^' *'""'^'^ spoken of, exercise the right of traversing the indictment which the law-gQ^ij ^^ ^g^ gives them ? The Courts of Oyer and Terminer are .^continued by omitting to adjourn them, and as far as I can understand, I do not see how an offender or de- fendant could exercise the right of traversing. I take it that he could not traverse to the next Court of King's Bench, and I cannot see how he could give notice of such traverse ; it is, I believe, on account of this inconvenience that the Court of Oyer and Terminer have refused to allow the traverse. 187. — Do you know whether an indictment for libel was ever preferred against any person, at a Special Coiu't of Oyer and Terminer, except in Lower Canaaa ? This question takes a very wide range, and I am not prepared to answer it. 188. — Have not persons, indicted for libel, a right, bv law, to traverse ? I take it that the general rule of law is, that all persons indicted for misde> meanors have a right to traverse, but this general rule hasits exceptions. 189. — Are not the Courts of King's Bench and of CriminalJurisdiction, and those which take cognizance of Civil Pleas, entirelyjlitferent from each other, in this country ? They are distinct ; although the Criminal and Civil Law are administered by the same Judges in different Terms and Sessions. 190. — Are there in this Country, Courts of Assize or others that have any I connexion with the Courts of Kinsf's Bench for Criminal matters ? No. 191. — Was there ever, to your knowledge, a Special Jury summoned in I this Country, for the trial of an indicted person at a Criminal Court, before I this year ? I recollect that some years ago a bill of indictment for a misdemeanor was I preferred against Mr. Reid, the then Prothonotary of the Court of King's Bench, for matters relating to his office ; and his trial, as far as I can recollect, I was by a Special Jury, by whose verdict Mr. Reid was acquitted. 1 92. — How long is it since that prosecution took place ? I cannot exactly recollect, but 1 think it must be about thuiy years. 1 93. — In what Coiurt was the bill of indictment preferred ? Not having had previous notice of this question, I am not prepared to say in i what Court the indictment was found or trial took place, and whether it was during one of the Terms of the Court of King's Bench or in a Court of Oyer [and Terminer. 194.— Did Messrs. M'Cord and Mondelet hold the situation of Chairmen of the Quarter Sessions at Montreal for a long time ? Messrs M'Cord and Mondelet did the duty of the Police Office at Montreal for several years, but I do not know how they could both be Chairmen of the Quarter Sessions at one and the same time. 195.— Did not one of them always preside at the Quarter Sessions of the I Peace ? It has always been the practice at Montreal, in the absence of a Chairman appointed bv Commission, for the oldest Magistrate present to preside at the Quarter i, ). ii ,.- l':' ( '50 ) Minutes uf Evidence. r' tl M .1 1 I, i' n ? I Uu i\, ' Quarter Sessions. Mr. M'Cord and Mr. Mondelet were both Justices of long J. Bost, ^''q'^ standing, and I have often seen them preside thereat. I oih D^ 1828 ^^^* — ^® y**^ intend to say that the situation they held had no other oM * ject than the Police, and ought to bo known by the name of the Police Of. I fice? I never knew that the said gentlemen, or either of them, had a Comtni!)'| sion by Letters Patent under the Great Seal of the Province, appointing then or either of them Chairmen of the Quarter Sessions or as Police Magistrates, I In the apartment occupied by them in the Court House, matters of tht Police and all other business connected with the Criminal Law was transact* I ed ; it generally went by the name of the Police Office. 197. — Is it not true that one or the other of them always presided at the| Quarter Sessions of the Peace ? That was the case generally, but I think I have seen others preside in their | absence. 198. — Do you know that any other than one of them ever presided at thel said Courts, when either of them was absent ? No. 199. — Do you mean to say that it was their seniority which entitled then I to preside at the Quarter Sessions ? I never new any thing to the contrary ; because I never knew of any Com" mission being given to them or either of them. 200. — Did tneynotpieside even when there were Legislative Councillors on the Bench ? I I think I have seen the Honorable C. W. Grant on the Bench of Justices,! at the Quarter Sessions, when either Mr. M'Cord or Mr. Mondelet pre* sided. i!01. — Did those gentlemen resign or were they dismissed from office ? I I do not know whether Mr, M'Cord or Mr. MondelSt resigned or not, but (I know the fact that they ceased doing the business, in the manner just stated,! in the above mentioned Office ; and the said business vras afterwards conducted! by Samuel Gale, Esquire, uatil my own appointment as Chairman of the! Quarter Sessions, as mentioned in the beginning of my examination. 202. — Was it not a matter of notoriety at Montreal that they had been dis-! missed, at at least was there not a public report to that effect ? I understood that it was considered by Government that the duties of the! said office and the office of Chairman of ths Quarter Sessions would be better! filled by one person than by two, and in consequence it was publicly supposed! that the said gentlemen had been dismissed, and Mr. Gale appointed to the| office of Chairman of the Quarter Sessions. j 203. — Was not their dismissal generally attributed by the public to anotherj ; cause? I do not know that it was attributed to any other cause. 204. — Did you never iiear it said that it was attributed to the appointment! af a High Constable by the Magistrates ? No. t, 205. — Did Messrs. M'CorJ and Mondelet reoeiye the salaries attached to the | ^^ situation you have spoken of f II ( CI ) f Minutes ofEvicUnc: I have no personal knowledjre on the subject. I lieard they aid, 206.— {'Jin you sav who moved for the Special Jury in the prosecution ^ jj^^^ £ iiust Mr. Reid, which you have already meiitioucd in the course of your ^J ' \ % exarii nation ? 30lb Dec. 1828. \ ii 1 cannot take upon myself to say, because it is so long^ ago ; but I rather think it was ordered at the instance of the Defendant. Pierre De Boucherville, appeared ag^ain, and was examined : — 207.-- By whom is the duty of Clerk of the Montreal Mar y « j « i Mr. KoHH, without the knowledjfe or his fellow Justices who comnosed the '^'•^J' j^''"*]|^'^J* (Committee, to oversee or be u spy upou the conduct of both onicers and » l^J 'j tutclimuii. 221. — Is this^oon still employed for the same purpose ? I do not know ; but still I see him very often at the Police Office. ^ 222. — WhoM'as Chairman of the Quarter Sessions before Mr. Gale? Messrs. M'Cord and Mondelet. 22.3. — Did thosegentlemen resign or where they dismissed from office ? They were dismissed from office. 224. — To what cause was their dismission generally attributed by the public? Their dismission was attributed to several causes ; different opinions were itertained ; the most f^i-eneral, however, was that these jfentlenien hud been sa- riticed for having acted indeixMidently in niaintuiuiiig(with their colleagues) [lat the appointment of the High Constable for the District of Montreal, be- )nged to tnc Justices of the Peace, and that the approval of the person ap- pointed belonged to the Governor in Chief pro fonna only. 225.^^Didthe public derive much benefit from this change ? The public opinion was divided on this question, and it is difficult to say Ln which side the majority lay; Mr. Mondelut is my friend, I might be tax- |d with partiality, and I wish to avoid it. 226. — What is the name of the High ConstaJ^le Avhom the Justices of the *eace thought proper to appoint ? . Adoluhe Delisle. Had ne not already fulfilled the duties of this office, pro tempore, to thesa- M'action of the Justices of the Peace? Had this temporary appointment [ccn approved by the administration ? Yes. -'.....--■ V . -. , . 228. — Do you know whether Messrs. M'Cord and Mondelet communica- ed to their brother Magistrates a letter from Mr. Secretary Cochran, in- orming them, that if the Justices of the Peace would recommend Mr. Mc- Mloch, His Excellency the Governor iu Chief would approve their loice ? I recollect perfectly well that such a letter was laid before the Justices of le Peace by Messrs. M*Cord and Mondelet ; and the correspondence which )ok place respecting the appointment of the High Constable, is entered into be Register of the Special Sessions of the Peace at Montreal. 229. — Did the Magistrates persist, notwithstanding this recommendation, the appointment of Mr. Delisle to the situation ol High Constable ? Yes. 230. — Do you know the new Market erected at Pres-de- Ville, at Mon- real? Yes. 231. — Is it situated in such a place as to be useful., and to meet the wants ^f a great portion of the Inhabitants of the City and Suburbs of Montreal ? It may be useful and meet the wants of a great part of the citizens of the Suburbs of St. Laurent and St. Antoine; other places better situated might lave been chosen. 938* .. ■ . r. ( 64 ) Minutu of Evidence. V n n '^^'^* — ^<> y"W^*""W^ whether the pronrietorg of tlii« market have offered tflj i^tfe hlsfir ''* *''*'^ ^''® Justices of the Peace to become the ptirchuNerM, for the iwe of tM 'a^' City, of thiti market Hiid of ground on which they have erected a market hgu8(!!'| Y<>N ; Imt I do not rccolhH;t wli.it oil'erH they made. 2'i3. — Do you think it would have been advantageous to the City to havti made the puntliswe, Muppoyin^ the conditions to have been reasonable ? The want of a public market in a populous suburb mirof the proprietors advantageous to tue St. Laurent and St. AntoiutI Suburbs had it been accepted. [Adjourned until to-morrow, sot ti Deer 18'^U. Chs. "MondelSt, Esqr. Uednesdnyt 3\st December 1828. Present :— Messrs. Vigcr, Henei/, Cuvillier, Leslie, Lefebvre, trnd Iiour\ dayes. Mr. Viger in the chair. Charles Mondelet, Esquire, appeared before the Committee and was «z-| aminedasfoUows: — sist Dec. 1828. 234. — Are you not an Advocate and a resident at Three Rivers, and how J lonjf have you been so ? Yes ; I have resided there for six years, and have exercised the profc6sioD| of an Advocate there durinnf that time. 238. — Have you taken active parts in public affairs since you have resided! at Three Rivers ? I Since 1826, I have taken an active and public part in the political affain,! and particularly since the proroi^ation of the Parliament in 1827. I have duuel all in my power to make the people acquainted with the public conduct oil Lord Dalhousie and his administration. I 236. — Did you in consequence of your political opinions incur dis<(racel with the administration ; if so, when and in wliat manner was the fact luadil known to you ? | I did certainly incur disg^race (if it can be called disgrace J with Lord! Dalhousie's administration. I The first act by which I learnt that Lord Dalhousie did not re^rd with in-l difference, the active part I had taken aj^aiust his administration, was my diii-l missal from the Militia as Captain in the heretofore Boucherville Di vision, f The {general order of Militia dated the 5th October 1827, was published in tiel Quebec OtBcial Gazette of the 8th of the same month, in the 2ud number o(| the 6th volume. It assi|»ns as the reason, my then residence at Three Iiiversj and my non residence in the division of Boucherville ; an assertion is addedl that I perform no duty in the Militia ; yet the same order Commissions MessrsT Charles Panet, Pierre Elzeard Taschereau and Charles Turgeon, (all threej resident at Quebec.) in Divisions atadistaace from that City, and at a consi-l durable distance from their homes. ^37.1 (G5) Minulet of Euidente. 2:{7.— Arft you tlio only OflRcer of Militia in the District of Three Rivers Kvho Mas «liNiniHN«Ml <»n account uf his political conduct or opiuious with re- ^' MondtUt, ["urdto the late adniiniHtrution ? ^'' No; there are Kcveral others: Messrs. Fran^oin Lef^ondre, of Oentilly, and "'"^^ u^, j igg'. Aiitoine I'ouliu de ('ourvul, of Three Rivers, hoth Lieutenuiit ('oIonelt»» and I ill tu'o (MiUNiderahle Divisions, were deprived of their rank as such, by a ge- neral order of Militia of the 21st February 1828, in which order they were chai'ijfed with haviiijr Hhewn themselves tke active agents of a p" f.jf hostiie to llin Mnjesitfs Govvrniiunt. These two respectable gentlemen had been the Ideputy Chairmen of a meeting of the District of Three Rivers^ held at the Town of Three Rivers, on the 22nd November lust, for the purpose ofad- loptinirand traiiKmittinve mentioned, ivlr. Legeadre enjo)s great consideration and lutluence lat (iontilly, and throughout the County ot Buckinghamshire in general. Mr. jCourval had not, any more than Mr. Legendre, to my knowledge, ony other ■title to the ill will of Lord Dalhousie's administration tluin his political con- Iduct, both gentlemen having taken an active part against the late administra- jtion. Mr. Proulx, a Member of the Provincial Parliament residing at Ni-* fcolet, was also dismissed ; a circumstance which was then attributed to the knowledge he had di/f'iis(>d among people of the country, respecting the acts of Lord Dalhousie's ;< liuinistration. 238.— Was it no no )riou8 in the District of Three Rivers that you had jeen deprived of your rank in the Militia solely on account of your political 'iinduct and opinions ? The reasons assigned in the general order of Militia of the 5th November |l827 ; the appointment, by the same order, of persons residinff out of the Di- S'isions to which tliey were, by that order, attached ; and the prediction of the Official Journals " that all those who did not favor all the views of Lord V Dalhousie's administration would be dismissed," convinced meas thev did many others, that my political conduct and not the distance of my residence from the Division of Boucherville (the reason assigned in the order) M'as the tause of my dismissal. It was notorious that we had all been dismissed on ac- count of our political conduct. 239.--.Did not a new Commission of the Peace for the District of Three Rivers issue during the present year ? Yes} two commissions issued; one in April last, andthe other in Septem- ber last; this last was only a Commission of association to that first men- Itioned. 240. — Did the one first mentioned produce many changes ? Yes; Messrs. Rene Kimber, Jean Emanuel Dumoulin and Joseph Ba- leanx, the elder, residing in Town, Messrs. Franyois Legendre and Joseph Turcot, of Geutilly, Louis Landry, of B^cancour, Jean Baptiste Hebert, of |St. Gregoire, Etienne Cote, of Nicolet, Joseph Lozeau, of la Bale du Febvre, land Pierre Joseph Chevrefils, of St. Michel d'Yamaska, were struck out of Itlie Commission. The names of Messrs. Pierre Panet, the Grand Voyer, Dand p f" ( 66 f- m \\ !'i Mitmtei of ^vid*nee. DaTid Grant, David Belhouse, Edward Cartwriffht and Francis Henry ^sr H"^^**"* residing^ in the Town, and some others in the Country, were insert. | t _f^^ *** *^® Commission. The (rentlcruen who were dismissed, with the ex- Slat Deer. 1828 ^'^P**®'" **^ ^* Badeaux, the elder, were appointed, at the meeting of the Dk- trict of Three Rivers, on the 22nd December 1827, Members of th«5 Coasti- tntional Committee of the said District. The proceedings of this meeting were rendered public through the medium of the press, as well as the n^ lUes of these gentlemen ; they could not tail to come to the knowledge of the late administration. 241. — Was it not notorious that the names of many of the old Magistrates were struck out and those of others inserted, in consequence of their respect* ivepolitical opinions ? The gentlemen who were dismissed having for many years held the offic of Magistrates, and having, to my knowledge, enjoyed the general oonfi- dence of the public, could only have beta d.smissed (with the exception of Mr. Badeavx, who, himself, assigned other reasons than his political conduct for his dismissal ;) they could, I say, only have been dismissed on account of their political actions and opinions. There is indeed but one w^y of thinking on this subject in the District of Three Rivers ; it is well known that Lord Dalhousie's partizans in the District of Three Rivers think in the same \^»y, With respect to the persons substituted for them, the turn out system recom- mended and predicted at the time bv the Official Ga/ette, and the devoted- ness evinced by those gentlemen with regard to the measures of the late ad- ministration, ave convinced the public that the administration had no other motive thau the desire of punishing or recommending people for their politi- cal conduct. Messrs. Hcney, of St. Fran9ois, and Michel Caron, of Yamaska, are, to my knowledge, the only two persons who took an active part in the deliberations of the people who did not feel the arm of authority; the public has indeed been much astonished that they were not treated in the same way as others. 242. — Do the Magistrates of Three Rivers who were appointed by the last Commission gene^aUy enjoy the confidence of the public ? Speaking of them as indinduals, many of these gentlemen are respected and deserve to be so. But they do not, as Magistrates, enjoy the confidence of the District ; the reason of this is, that the people considering them with respect to their political principles and their conduct under the late adminis- tration, attribute their appointment to their devotion to Lord Dalhousie, and finding themselves deprived of those who possessed their confidence, they think lightly of the present Magistrates, and even turn them into ridicule. I ought to except the Grand Voyer, Mr. Panet. 243.— What was the object of the second Commission, namely, that which issued in September last? Its object was the association of three other Magistrates; Messrs. Joseph Boucher de Niverviile, of the Indian Department, who receives a considera- ble salary from government, Joseph Michel Badeaux, the younger, to whom was entrusted the making of the Papier Terrier for the King's Domain in I the Town of Three Rivers, and Charles Hubert Lassisseiaye, trader, (and, as i« «aid. a Notary's Clerk,) ail resident in the Town, and all three partizansof thi (67) Minutes of Evidence. the lateadmiuiiiiration, were associated with those named in the former Com- mission. 244. — Did this second Commission add considerably to the confidence of v the public in the body of the Ma{»istracy of Three-Rivers ? Far from it. Mr. Niverville has not, I believe, taken the oaths, and does not sit. But the two other new Ma^strates havinj^ nothin§f to recommend them but a cx)nduct of which the distin^ishing^ mark was a blind devotedness to I all the measures of Lord Dalhousie, the public attributed their elevatioi^ t6 this cause, and showed much dissatisfaction at the appointment. They are in general lightly considered by the public when sittii^r on the bench, for the reaisuus I have before stated. 245. — Among the Magistrates appointed in these two Commissions, are \ there not some who have no property within the district, who therefore offer no responsibility, and who were Known to possess none at the time they were ! placed among the number of the Justices of the Peace ? I Yes, Mr. Panet, the Grand Voyer, has not, to my knowledge, any real pro- perty in the District of Three-Rivers. Mr. Hughes and Rfr. Badeaux, the younger, are I believe in the same situation, I consider this as a great evil, since on this account they afford no resource against them in case they should I be guilty of malversation. It was known at the time of their appointment I that such was the case. They may have property, but I know of none belong- ing to them. With respect to Mr. Lassisseraye, I have been told that he has j some property at Three-Rivers, it might be so, but, as regards myself, I have no knowledge of the fact. 246. — Did not some of the Magistrates, at the tiiae the Commission issued, I and do they not still, reside out of the District of Three-Rivers ? I omitted to mention that the Commission of the month of April, contains I the name of Mr. James Hastings Kerr, who, at the time the Commission issu- j ed, was living at Quebec, and was, I believe, as he still is, a Clerk in the Civil Secretary's Office, or perhaps at that time in the Custom-House Department, and who has not, at least to my knowledge, any property in the District of 1 Three- Rivers. 247. — Do you know for what reason this gentleman was continued in the I Commission, although he did not reside in the District? I have no personal knowledge on the subject; but the public opinion is that ithe late administration had its views in leavii^ him in the Commission. The uncalled for warmth and activity for which his conduct during the late Election was remarkable, when* he went so far as to say, on the Hustings, \that it was not allowable to speak against the Governor, gave reason to think that the Government was willing to preserve the influence which this gentle- [man was enabled in this manner to exercise at Three-Rivers. ! ; > 248. — Are not entire Parishes in some instances left without Magistrates, I in consequence of the names of many Justices of the Peace having been struck out of the Commission ; and does not this circumstance occasion some I inconvenience ? Yes ; Gentilly, Becancour and St. Gr6goire, are without Magistrates, and I are deprived of the services of Very respectable anduseful men, such as Messri. Legfndre, C. Mondelit, Esqr. ^ • St Dec. 1888. ^^ i t f ; ■ ' 1 \ ^ ■i 1 ■ V, ! ' ! i!.! lilt ll V ' \t I , ^ m I li I f hi / (68) Minutes of Evidtivce, %. c. SlSt Dec. !i:y 1 1 1' h MondelSt, Lej^endre, Landry, and Hebert. Great evils resuic from tills. Tlio strilcinj Esqr. out of the name of Mr. Lozeau,wa8 deservedly felt rt La Bale du Febvi'e, last 'summer. I was at La Baie du Febvr« on the circuit, as an Advocjite, in July 1828. last. There was a general battle among- a number of the country people, who were in a Tavern ; they went out, ana the fight became still more v ) ■^li. Minutes of Evidence. llicrc from the Odi until the 17th Novemhcr^inchisivoly; T wasevorydayinthe ^ tourtofAppoals: the Attonioy-Geiicnilaud tho(!oiuuillors ii,i\v uie thoro ;l "' Iven pleaded before the said Court. The Attorney General did not canst stop there. On the 23rd of March, live citi/ens of Three Rivers, Mr. Lirnbor, the late Dr. Talbot, and Messrs. P. E. Dunioulin, A. Z. Leblanc, ^ud Wni. Vondenvelden, received snhjiands comnuuuling their attendance be- )re the Grand .Jury at Quebec, on the •28th of the same month, " to prove I'ideuce against me for a misdemeanor." I On the 2nd April 1828, 1 mius arrested in my office at Three Rivers. The Provincial Court, w hich sits from the 1st to tlie 10th April, wasthen sitting-, jhe High Coustabl<', Mr. Aylwin, shewed me two warrants, by which I larut that two indictments, for libel, had been founcLagainstmo by the Grand jury at Quebec; after an hour's preparation I was oblig-ed to leave my family, id my business of which I had a great deal in the April Term, and go down Quebec. Tlw? roads were very bad, and the ice worse, the sun having- at iat time much pov er. I arrived at Quebec on the 3i'd A))ril, at eleven at ight. The next day (Good Friday) I was obliged to give bail before the Jhief Justice in .£500 on each of the indictments, njyself in .t*250, and each my securities in £125, on each of the indictments, for my appearance at p Criminal Term of [September following-, and for good hi'luwionr in the \mn time. 1 nnulc no opposition to tho&" jjrtM^eedings, because I knew the -. Court E<>qr. 1828. i) 'it M i, I'i: I S : < m ! I Ml Mondelk, E or. r. 1 1 (70) Minutes of Enidenec. Court had required bail from t]ie other persons indicted for libel ; I consider] ed it useless to try the question. I left Quebec on the following day; travJ ^lin^ wiis then dan<3f«rous, the ice beiacjp bad. In compliance H'lth the coudiJ SIst Dec. 1828.*'**"* **^ ^^^ '^^'^ boad, I was obliged to leave Three Rivers on the 30th dl September last. The Court of Kiuff's Bench was then sitting, I was oblijfeij to leave my business and my clients and go down to Quebec. On the Istdajl of the Criminal Term at Quebec, I was called into Court by the Clerk of thtl Crown, but was not called upon to plead to the indictments. I was in Couitl from day to day, (with the exception of two or three days of sickness ;) i shewed myself to the Attorney General ; I asked him if ho intended to pnvl ceed turainstme; he answered that he had informed my Counsel, that if li(| wished to proceed against me he would inform me of it. In this manner! was detained in Quebec for nine days without any proceedings. On the lasll day of the Term the Attorney General addressed the Court, stating that tiiil multiplicity of business had prevented his proceeding a|4 a letter to Lord Dalhousie, of the 10th November 1827,[ published as I have before said in the Quebec Gazette on the 12th of tH same month, and which has been attributed to me, is inserted at full lengtli| and styled a Libel. The other indictment is founded on the proceedings ofl the Constitutional Committee of the District of Three Rivers, on the 25th ol| February 1828, the remai'ks, which were attributed to me, included, have already mentioned that the whole may be found in No. 3830 of t Quebec Gazette published on the ^8th February 1828. 252. — Have you paid any attention to the newspapers which have beeij published in this Province for nearly two years past, and which were in the! interest of the administration dm'ing the time Lord Dalhousie was Governorj of this Province ? I Yes ; I have been in the habit of paying very close attention to the affainj of the Country, and to the papers in the interest of Lord Dalhousie's adniioj istration as well as the others. 25S. — Have you observed whether in the papers in the interest of the s administration, productions were inserted in which the people and th«i Representatives of the Country, or the public men who opposed the s administration were insulted ? Yes; and very often. 2i4| 'i (, 71 ) Minutes of Evidence. 254. — Could you point out some instances ? Yes; and I now produce the following,' extracts from the " Quebec Mer- C, ^fondeleU iry," " The Quebec Official Gazette," and the " Montreal Official Gazette." Esqr. These writings extend from the 4th November 1827, to the 8th Septenjber* -^ ' 828, inclusively. I might have produced many others ; but I confined my-'^"' ^^c. 1828. elf to the moststrikinof. There nave been many others at the time the Pax- lent was prorogued on the 7th March 1827, and since that time kxtract from the Quebec Mercury, speaking of the debates in the Assembly, on the question respecting the Speaker, (No. 96. — 24th November 1827. " The present Provincial Parliament is now prorogued, and the Knit/hts, Citizens and Burgesses, in the Proclamation misnamed faithful^ have forty [ days to reflect on their misdeeds" " What good can be expected from a body who have exhibited such a per- fect ignorance of their duty, such an utter contempt for all constitutional authority, and such blind obedience to an unprincipled leader, as have been shewn by the majority of the Assembly of tne Provincial Parliament of 1 Lower Canada, on their memorable Session of three days duration." The Commons of Lower Canada succeeded to the full, in renderin^j- Ithemselves contemptible and ridiculous." fxtract from iAvQ Montreal Official Ga«e«.volutiouiziuy- tbo couutry: the panigraph is as follows, word foiMvord. " We think we can conjecture the object of those who convened the Qiie.i " becin(M»tir% and who are soauxionsly awake to the dignity and intere.stsofi " this IVovince. If we an; not mistaken, they fancy they see, in the prosi'iitl ** ])osition of the United StateS; a favorable opportunity for the acconjplishJ " nieiit of their darin<>' schemes. They ima<;ine that the election of (leiicrall " Jackson to the Presidency is certain, and conceive from that event jissis.! " tauce may be derived to carry into execution, schemes of national imle-I " pendeuce, and personal au<»-randizement. The probability of this event imjl " also have determined the obstinacy of the House of Assembly, and encoiir.I " anfed them to persist in their stranfre resistance. By alarmino' the BritisJ " (irovernment on this point, by keepinn-iip a hiyh toned remonstrance, aiiil| " by usinn; all the connnon topics of, oppression, tyranny, ^c. they Hatterl ** themselves that their object Mill receive a more ready accomplishment, anjl " that they may wrest from alarm and apprehension, what a sense of justi«| " would never concede to them. If these motives are the mainspring's wl " influence the conduct of the future dignities of the ^^ Nation Canadienne^l " we humbly conjecture that they read the signs of the times very badly. \M *' hardly conceive the possibility of the General's success, and still lessthel " chance of his entertaining- the wild idea of Canadian con({nest ; and tiiall " there is an infinitely less proportion of probability in the idea of the Eril " tish Government being- intluenced by such speculations to yield any point,! " the concession of which could be attributed to any things but a sense oil "justice. In such a case, the claims of the Assembly must ever be resisted,! " as neither justice, reason or propriety have any relation or connexion uitij « them." Extract from i\u} 3Iontreal Official Gazette of the 29th November 1827. In a commuuicatiou isigiied ** An Auylo Canadian." " But our political declaimers would be definers of the British ConstitiJ *' tion, would have it nndei'stood that British Liberty is aisoneconceutrateJj *' M'itliiu the walls of the House, which by its late meiisureshas evincediti " self to be the loruin of liepublicanisiu" ■ Quebec Official Gazette, 13th December 1827.— In a Conmiuniciitioii| sig-ned C. D. E. S|)eaking- of the House of Assembly, and comparing^ itti J udas (on 1 he subject of the question respecting the Speaker.) I [" It has no |)alliativeto attenuate the baseness of its treason" * * * ** j ♦' and further this obstinacy iu evil, which sacriiiceb every thing- to the accouj plislimeul (7S ) Minutes of Evidence. smt Dec. 1828. llrainal desio-ns. #*####«« if ,.„^h a conduct on tlioir part does not jiis- Ify the vhiTjTo I brings aafainst them of rebellion against the Mother Country, ^* ^"^^'^''^'^i' lid o( treason against their constituents, I do not understand those words, and* , ^^^ , Tjcordiug to me they have no longer any meaning." Quebec Official Gazette of the 10th January 1828, vol. 5.— No. 11. (Editorial Paragraph.) , " All tile aggressions to be traced to the former (spfeaUing of the House of Assembly) "the late raeasiirf the 14< Geo. III. c tap. 88,) the civil mis. I " eriesof this Province are orinrinally to be attributed; and that unless speedily " checked by the lirra arm of the supreme authority of the Mother Countrv, " we may yet live to record and to lament transactions the most dangerous to " the welfare of our Civil Government and society, aud scenes the most dls-j " graceful to virtuous and loyal citizens." ■I Answer. Amonffotber things — " I acknowledge that you have spoken in them (the Resohitions) the Ian. " guage of truth, with the boldness which becomes Britith subjects, wheo I " claiming their rights." Answer to the Quebec Address. . , V r Quebec Official Gazette. The following words are there to be read : " In resisting the encroachment of a faction." .. f , Answer to the Montreal Address. ■ '■_ Quebec Official Gazette of the 10th January 1828. " In this address you have traced most justly the mischievious tendency ofj ** the measures pursued, for past years, in the Provincial House of Assera-I « bly." ..... " When compared with the recent more daring attempt to| " deny the Royal Prerogative, indubitably and invariably recognized." Address from the County of Warwick. Quebec Mercury, 26th January 1828- V« m ^/'-' !■ u ' 'i h i li of the conduct ) f M ;n 1 ( ?•> ) Minutes of Et:idtnce. " Wo would likewise be^^ leave to state to your Excellency, that if the many advuuta^eis that oujfht to have accrued in this Province from the wis- ^' ^""'"'A, doni of your Ex,idt' tbe authority J " our belovcdand most j^ri^cious 8oveiei»-n,andthe Iniperiul ParlianuMit, ovet| " this portion of tho British Empire. " Deeply as >ve deplore tho attempts of the late Assembly, M'ehave to fclJ " citate ourselves and the country, on tbe enerjryaml wisdonivvhicb your Kij " cellenoy has shewn, in supporting the just PrerofjJitivc of the Crown,! " recently rfjecting as Speaker of the present HouHj of Assembly, a pmoj " whose public conduct rendered him unfitfor that high office ; and we ph-dJ " our lives and properties to defend those rights which your Excellency " so ably and constitutionally supported." January 8th, 1828, Answer (by Mr. Cochran, 27th February 1828.) ** And T am to request that you will assure them, that Ills Excellency fi'ei " much gratified by their approbation of the conduct of government duriiij *' the period of his administration." To II. M. Bhiiklock, Esqr. ' Address from the Townships of Lochaher ar Buckingham. Quebec Official Gazette, 2lst February 1 828. *' It is with deep regret mingled with indignation we contemplate the systemj *' atic and continued opposition made to all your measures by a faction, win ** at once arrogate to themselves the power of Legislation, and the rights ( " the Crown.",.,. ^.~^ — ** We depiecate the attempts of these individuals, imj " der the specious mask of patriotism, to excite discontent and distrust oftlj "Justice of His Majesty s Oovemment among a portion of the Canadian -and we sincerely hope ^ — that their evil designs willsof ^i^^i*^ »^^i^ 00^^i0^^.^^-M \ ■ " recoil upon themselves with merited disgrace.* " We applaud your Excellency for the firmness with which you hare ( " posed their ambitious schemes." t 11th February 1828. Answer (by Mr. Secretary Cochran, 18th February 1828.) Quebec Official Gazette, 28th February 1 828. Among other things : " His Excellency requests that you will assure the Inhabitants of th " Townships, that he feels highly gratified by this address." To Wm. McLean, Esqr., Lochaber. Address from Compton. Quebec Official Gazette, 21st February 1828. « A want of respect to your Excellency. hewn by a party acti m ( 77 ) 1828. Minutes of Evidence. iiiider the influence of a few factious men>,..^.,,..^and to declare our un- (|Uttliti(Hl approbation of the firm and temperate raeaAures which your Ex- ^' v""r ct'Hency has pursued inresistinjir the attempts which have been made to en- , **' [ > croach ou the rii^hts of the Crown ^.^^^llesiding in a remote partof thuu^,^ d^j,^ Province, and virtually unrepresented in tlie Provincial Parliament, wo have been forced to remain a1ino8t Hilent spectators of what has been pasH< iuff ill public affairs, till a faction has, by its violent proceedin^ifH and most unjustifiable conduct, developed its views and principles, step by step..^.^...^ m> attribute the witholdingof our just and lawful ri||rhts to no other cause tlian tlie selfish views and narrow minded policy of a few persons who lead the majoritv of the Lower House. " We beg leave to assure your Excellency that all we have it in our power to assure your Excellency, may be relied upon in every exigeucy." Cumpton, 1st February 1828. Answer (by Mr. Cochran,) 8th February 1829. " I am directed, &c. that you will convey his thanks to the Inhabitants of I" the Township of Compton, for the expression of their sentiments contained I" in their address and that you will assure them that His Excellency is much gratified in finding that their loyal and constitutional feelings arq I" so general and so decided in that part of the Province." To A. D. Bostwick, Esqr. , Address from William Henry, Quebec Official Gazette, 8th September 1828, " But we should be granting in the knowledge we have obtained of the I " political state of the Province, were we to fail in attributing the exiisting j " difference to men, misled by private passions and views, and who with a " warm desire for personal ponularitv and aggrandizement, subvertand satiate " the minds of an uneducatea people, by pretensions and assumptions not " only inconsistent and in direct opposition to constitutional prinoiples, but " (what is of great importance) to the ver^r happiness and prosperity of this " promising appendage of the British Empire." 30th August 1828. Answer, " The sentiments now expressed from them, in approbation of my conduct " in this government, are highly acceptable." 3rd September 1828. Address from the Magistrates and Inhabitants of Quebec. Quebec Official Gazette, 8th September 1828. AUudesgenerallv to the "differences in the Legislature" and adds, that "His^ <* Excellency could uot acced« to the claims of tbe House of Assembly." ■■■■,' — ,■ .,.;..-,-.... .-..., Answer. I I \ - ii. •m r 7« ) MiuuUt uf EviUtHte. y I \ Ch$. MondtUt, AoBwor. . . Esq-. . I « ^^ » " Thja addrcsH convoys their gcntiraents in terniH hi<,'hly aoceptablo aod 3i*t Dtic. 1828." liouorablo to in<>, and I Nhall retain it, un the bcKtuuHU-cr to be uiiide tualll " thu«'alumnies and slanders which have proceeded from u ioiv nialiuiou uifi. " tators, scarcely deserving of uodice.*' Address from Montreal. Quebec OfHcial Gazette, 8th September 182H. " The Province owes it to your Lordship tlmt, a dissolntion of the govern. " ment with cous<>qucnt unurchy and ruin had not tuUen piuce, which nuist ** have happened from the popular branch proceediu"; to extrtMnes, in order tv " enforce submission to itsi will, withutit carin;,' tor the evil, whi«h niicIu " course of conduct must necessarily have produced, had not your Kxcelloii. ** cy, to avert such a calamity ond tne Assembly in direct violation of " the Royal Preroyrative, persisted in the choice of a Speaker, after hisa]i- " proval by the Kinjr's nepresentative had been refused; one step more, " and the Royal rigfht of Proro',^ation may be questioned and the concurionte " of the Council, and the Royal jwsent to Bills, be considered as empty forms. ♦* Jill who prefer a mixed g-overnnujnt, administered upon ]iritish ] " constitutional principles, to the doctrines of those who deceive the unthitik< ** ing, by false pretensions, in order to promote their individual purposes." ^ 1 14th Aliprust 1828. An8W'»r. ** For myself I return the most grateful thanks for the open and st( .. j " support I have received from Montreal. The opinions entertained tliere, " have given me confidence in my path : and with the sentiments which you " now express on my departure, I shall go forward, witli the same firm jiiir- " pose, unto the end and possessed with such testimonials, as I carry " with me from the enlightened and educated population of Canada." Address from the Mftffistrates and Inhabitants of the Town of Three Rivers. Quebec Official Gazette, 8th September 1828. " Yonr Excellency has fought the good fight of the (constitution-^ " If you have not been able to preserve it from insult and inroad, your Ex- " cellency has at least defended it from injury and destruction. Your Ex- " cellency has had to contend with the most powerful opponents in a free state, " popular clamour, ignorance and prejudice" "the predominancy of which " without that check, which your Excellency by a constitutional exercise of " your powers, so resolutely and seasonably applied to it in this Province, has ** ever neen followed by perpetual and irremediable anarchy." (The sequel to this address is the grossest flattery.) ....■, .^^ ...... Answer. ^ 79 ) Mmutes of E^Ultif*. majjk]. Answer. C. Monitelit, K»qr. " Tli« most flattorliVJT trilMite of approlmtioii from the Ma;;fiNtrntcR and In- ___^, habitatitM of th« Town of Three Hivors, would hiivo been nrceptuble to nie^i,^ d^^, 1^28. on any occiiMiou, hut it in infinitely more acccptahh; on the eve of my de- purtiin! from this (!onntry, in nil probability for ever. I have disre- jfiirdcil jiopniar clamour, and the Niander ot wanderinjf Kcribhlers. .«-» My seuHf of duty haH never been influenced by HUchconmuni weaponw, and Heave them behind me m utterly inoft'enHive...^ 1 ran leave no better record to ^'uido the young to a clove as honorable m t\m which you now testify tome." » ^ Friday, Q.nd January 1829. Phesknt: — Messrs. Vit/eVf Henei/, Cuvillier, Leslie, Bourdages and Le- febvre. Mr. Vifjer in the chair. David II088 Esquire, again appeared before the Committee. 255. — Do you know that several prosecutions for libel, were instituted last tar, at Montreal, in the Criminal Courts, or in the Courts of Oyer and/). Hois, Esqr. enniner ? ^— — ^ » Yes. 2d Juny. 1829. [25G. — Were not those prosecutions occasioned by certain writings publish- in the " Canadian Spectator,* " La Minerve" or the " Spectateur Cana- c«," at Montreal? Il believe so. 257.— Were those newspapers generally considered as favorable to Lord ilhousie's administration ? [As I understood it, tite public impression was that they were quite the re- Irse. |258. — Have you some times had occasion to read, since March 1827, the )ritreal Herald, the Montreal Official Gazatte, the Quebec Official Gw itc, or the Mercury of the same City ? (I generally road the three first papers, since the time alluded to. The ufcury I did not take ; only saw it occasionally. |259. — Did you never remark in any of the said papers, writings or para- Hphs extremely violent against the inhabitants of tliis Country, their Re- Bsentatives, or the House of Assembly ? 11 think I remember having seen paragraphs in those papers which, in my inion, would have been better suppressed. 360. — Do you know whether any of the Editors or Printers of the said Jizettes were prosecuted for libel ? |No. S261. — Were those papers in favor of Lord Dalhousie's administration ? jl believe the Editors conceived ^ey were. 262.—- JUS ■I (80) Minutes of Evidence, 202. — Can you say whether those Gazettes have never furnished, in your 1). P.oss, Esqr. opinion, as leg-itiniate matter for prose -jutions for libel, as the papers iiistj * V— ' mentioned ? ' 2d Jany. 182,9. J uever considered them sufliciently to form an opinion on that subject. %. I Present: — The same Members. " • . .>* ^ Ilenrtf Griffiiiy Esquire, of the City of Montreal, was called in and ex- amined as follows : — H Crimn Eso ^^'^' — ^^ ^'^^ reside in the City of Montreal, and how long have yondcuej t ' ' ^ ' ^'. so ? I Mas born in Montreal, and have always resided there. 264. — Are you a Justice of the Peace I'or Montreal, and how long have | you been so ? lam; I believe since the year 1826. 265 — At what time did the last Commission of the Peace for the District I of Montreal issue ? Sometime last winter. 266. — Did the said Commit ion produce many changes ? There were a few of the Magistrates of the City of Montreal, of the form- j or Commission, who were left out in the new Commission ; of the Countrj parts of the District I know nothing. i,67.— Were several new Justices of the Peace added? I am not aware of any at present, except the Chairman of the Quarter | Sessions. 268. — Was it not notorious that the names of several of the Justices of tliej Peace who were included in the former Commission of the Peace, werestnutl out on account of their opinions on the public affairs in this Province? I do not know. 269. — Were not some of the Justices of the Peace for Montreal excluded I from the last Commission for the same particular reason, in addition to tJiel more general causes previously mentioned ? I know not the cause for which they vorc omitted. 270. — Was it not generally known at Montreal that some of them hadlieenj struck out, on account of a certain supcrsedcus by them granted in Mr. Stan- lev Bajco's affair ? It Mas after that supersedeas, that the omission took place, but I cannot | say Tvhether it was for that reason or not. 271. — Is it not true that some of the Justices of the Peace included in thel last Conmiis,sion have no property, and consequently afford no responsibility, | and were known to have none M'hen the Commission was issued ? There are but very few. 272.— How many are there to your knowledge, and who are they ? There are three; the Honorable Mr. Byng, Mr. Turner and Mr. Pardy. am not aware that they have any fixed property. 273. — Are there any others who were then reputed to be in au in^olvoiitj itate, and how many »rere there ? . . 'l'\\en\ ':;?»''' ( 81 ) Minutes of Evidence. Tliere were three reputed insolvents and who were so at the time of the new tr n -ir w I Commission. l " ^_ ^. 274.— Do the Justices of the Peace at Montreal, generally enjoy public 2d Jany. 1829. Iconfidence i* I do not know that they are otherwise than deserving^ of the public con- idftnce. 275. — Have they not within a short period caused one or several meetings jf the citizens of Montreal to be held ? Yes J they lately caused one assembly to be held. 276.— Are thd Justices of the Peace at Montreal authorized in any, and in i»vliat case, to lend any of the public monies of the City ? i I should think not. 277. — Was the Road Treasurer at any time, and at what time, authorized to lend any of the money belonging to the City, to any person ? I should think not. 278. — Did he not receive an order from a Special Session, t< advance or [end a certain sum of money to the Trustees appointed for the nixecution of new market-place near the General Hospital ? 1 know nothing about it. 279. — To whom is the Road Treasurer bound to render an account for his ^e(!oi|)ts and expenditure ? • To the Magistrates. 280. — Ai'e the Justices themselves accountable ; in what manner, and to diom ? I should suppose that the Justices of the Peace are accountable to those rom whom they have received their Conunission. 281. — Do they account for the application of the public funds, and to whom |o they account ? No account has been rendered to my knowledge. I 282. — On wliom ai*e the monies, of which they have the management, le< [icd in the City of Montreal? On the Landed proprietors of the City ; except a small poll tax on those llio liave no property. 28.'i. — Are not the Magistrates obliged by Law to meet once every month, dra\r out a statement of the works necessary to be done in the Town and bity, and to appoint a Committee from their body for causing the saidgn^orkei > bo executed V Yes ; they are authorized by law to meet once every month, and to ap- )int Committees for carrying on the public works, which Committees have Biierally been appointed yearly in the mouth of May. 284.— In the month of May last, was the Committee of three or five, ap-i Mntedfor a month, or for the whole year ? They \vore nained for the whole year. 28.5. — Did the meetings required by the act 5th Geo. IV. chap. 3, take face every month? 1 do not know; but meetings have been frequently held since the first May ist. on the general business of the Town. 280,— Have you been a Member of the Watch and Night-Light Coirmit- le at Montreal, and when ? I ^ have acted as such. \ 287.— I 1 ^ w ill '> h , : \\ '.■ r? K i!, i ( 82 ) Minutes of Evidtnce. 287.— Are not the Justices of the Peace at Montreal, and more especially If. (7rt^n,£Bq.the Watch and Night-Light Committee, the proper inspectors of this ostab. Vj ^ 'lishment V 2d Jany. 1829. They are. 288. — Is it necessary to employ any person as a spy upon the conduct o(| the officers, and watchmen, and have such persons in fact ever been employ. I «d, when and by whom ? I conceive it very necessary that a person ghould be employed, as the du. I ties of the Watch and Light are done in the night ; but I am not aware, [ txcept from common report, that such a person has been employed ; it can< not be expected that the Magistrates or the Committee are to become mghu\ walkersy for the purpose of superintending the watch. 289. — Who chooses and appoints the officers and watchmen ? I have never paid any attention to it. 290. — Do you believe that they are chosen by any other person thantlie| Justices of the Peace ? I do not know. 291. — Do you know the new market erected at Pr^s-de-Ville, at Montreal'! I do. 292. — Is it so situated as to be useful, and to meet the wants of a great | I portion of the Inhabitants of the City and Subiu'bs of Montreal ? I do not think it is. 293. — Do you know whether the proprietors of this market have offeredl to place it in the hands of the Justices of the Peace ? They have. 294. — Do you think it would have been advantageous to the City to raakej the purchase ; supposing the conditions to have been reasonable ? My opinion has always been, and still is. that it is not advantageous. 295. — Is the Little River which runs in the rear of the Town of Montrcal,| considered as unfavorable to the healthiness of the Town ? It is. 29.6.-r.Do you think that it would be prActici^/io to give it another course, and what course ? I do think it is practicable to divert the waters at or near the foot of the] Quebec Suburbs. 294. — Do you know whether several prosecutions for libel were instituted j last year, at Montreal, in the Criminal Courts, or the Courts of Oyer and [ Terminer V I have understood so. 298. — Was it not a thing of public notoriety ? It was. 299. — Were not the said prosecutions occasioned by certain writings pub- 1 lislied in the " Canadian Spectator" " La MinervCy^ or ^& Spectateur Cam- dien'* I believe they were. 300. — Were those papers generally favorable to Lord Dalhousie's admin' istration ? They have never been considered so. 301. — Have you had occasion someiimes to road the Montreal Herald, thai ' -■ ' . ^. . , Monlred ' ( ^3 ) Minutes of Evidence, Montreal Official Gazette, the Quebec Official Gazette, or the Quehec ,,.„.'„ „ . lercury, since March 1827 ? JT. Gnffin, Et^ I have had occasion to read thoni all, except the Quebec Mercury. . , -v— — -* 302. — Did you never observe in any of the said papers, writings or para- ^"^* ^*^^' raphs extremely violent against the people of this country, the Represen- itives, or the House of Assembly ? I have remarked some violent pai*agraphs of that description, which no Joubt arose from similar paragraphs in the Spectateur CanadieUy Canadian Spectator and Minerve, against tne administration and its supporters. 303. — Do you know whether any of the Editors or Printers of the said bapers, the Montreal Herald, the Montreal Official Gazette, oi' the Quebec Ifficial Gazette, were prosecuted for libel ? I am not aware of it. 304.— Were the said papers last mentioned, favorable to Lord Dalhousie's Idministration (* Yes. 305.— Can you say wnether the last mentioned papers have ever afforded, I your opinion, as legitimate grounds for prosecution for libel, as the paper^ rst mentioned ? I have formed no opinion on that subject. 306.— Did the Justices of the Peace for the City of Montt-eal, who had net \^eA.t\\e supersedeas ofwhith you have spoken, adopt proceedings against lose who had signe-J. I believe the subject of the supersedeas was represented to the Governor Chief, through the Chairman of the Quarter Sessions. 307.— Was it with a view of having a decision on the legality or illegality f the supersedeas V I know not. 308.— Youhave said that you resided at Ptlontreal, are you one of the elec- \r% duly qualified in one or other of the ^vards of the City ? I am m both. 309. — Were you so qualified as a proprietor or as a tenant. In one orthfl Iher of the said wards, at the time of the last general election? i As a proprietor in both. j 310. — What iij^ the designation of the property as proprietor of which you iffht have voted in the West Ward, at the said general election ? It is at the extremity of the Banlieu on the Lachine Road. 1 311. — Was there a house erected on this property, and wier6 they both Tithin the limits of the City and of the West Ward ? There is a house, barns and stableSj and stores thereon. 312, — Does the said property belong to you alone ? It isheldby me jointly with Mr. Thqmas Porteous. 1 31 3. — Does the ground in question form part of a lot formerly belonging Frederiok Auguste Quesnel ? Yes. |314.— Did he sell it to you jointly with Mr. Thomas Porteous ? [Yes. ^15.— You have just said that you are a proprietor in both Wards j in Inch of the two have you for a long time p*)t resided ? I I reside in the Ea«t Ward. 816.~ ^''fifp ■ T m 1 1 i \ ■ \^ 1 m ifii H ( 84 ; Minutes of Evidence, * H Griffin Es ^'^' — ^^*^® 7^" appointed lleturniny Officer for the West Ward ofl 1 ' "/ * ^^ Montreal duringr the last general election ? Sd «Fsnv 1829 was. ' 317. — Were you appointed Retnrninjr Officer on your own application, Ofl had you been asked long before the said election, (and when,) whether yoj would accept of this office ? [ I knew nothing of my appointment until I received my Commission, I diJ not apply for it, nor was I spoken to on the subject. I 318. — Was it not known at Montreal several days before you received yoiirl Commission, that you were to be the Returning Officer ? * f It was mentioned in oue of the Montreal nev\spapers that it was under. stood I was the Returning Officer ; and tliat a few days before X received ni?| Commission. 319. — Were not the two other Returning Officers for the East Ward anjl the County of Montreal, also known at the same time and in the same maunei ;| I do not remember. I 320. — Could you say on what day you received the writ for the electioii,| for the West Ward ? I do not remember the day, but I endorsed the writ the day on which I rM ceived it. 321. — Was there any correspondence between yon and Mr. Secretary Corll ran, relative to the appointment of a Kcturning Officer for the West \Vari| of Montreal, for the said general election ? ^ I^one. ■ 822. — Was the election of the West Ward carried on with much warmth, or| with more warmth than the general elections ordinarily create '? Yes it was. 323. — Did you not find during the time the poll remained open, that tlif I authority vested in you by Law was quite sufficient to pormit the plctf tion to be carried on without the intervention of armed or military force? The authority is quite sufficient ; but finding it dilficult to enforce, I dii conceive at onetime that it would be necessary to call a military force. 324. Did you conceive it necessary at any time to call itin ? I did conceive it necessary at one time. 325.— Did you call it in at any time ? * 1 remember speaking to the Sheriff and to Mr. Gale, on the subject, itwasl V on mv speaking to them that an application was made by one of th(^m to keepl the military in readiness. | 326. Was this application made in your name as Returning Officer, .dl by whom ? I think the application M'as made by Mr. Gale, as Police Magistrate. 327. Did you request Mr. Gale to make that .application for you ? I applied to Mr. Gale to assist me, and I requested him to keep the militar I force in readiness. ^ I 328. — Was it during the time the election was going n, or after the m journment of the poll that you so applied to Mr. Gale V j It was after one of the adjournments of the poll in the afternoon, pifrj paratory to the following day. 329. — Have you since that time found it necessary to call in the niilit!i'T| force at any time ? m ( 85 ) Minutes of Evidence. i>ii^ b No. fOUII .TiO. — Wore Jill other means of prosorvin- Olliccr? I wrote it myself, audit was administered by Mr. Froste, J. P. 1334. — Did the Maf^istrate who adniiiiisti>red or received your oath as Re- iruliioOflicer, rcuid tbe form of the oath before Ls^»euiiiij4 3011, ui did |Utt )urself read it in his presence ? I cannot remember whether Mr. Fi'oste read the affidavit or not ; or jliother it was read to li'ni j 335. — Bid you apply to any other Justices of the Peace to receive your Ithas Returning Otlicer, before addressing yourself to Mr. Froste ? No. 33G. — You have stated, that you requested Mr. Gale to call in military fee; can jou now say at what time of the election for the WestWai-d, [>u made such application to Mr. Gale ? 1 1 think it was on the evening of the third day of the poll. [337. — Is it not true that before the third day, to which you have just ai- led, Mr. Henry McKenzie asked you at the poll, to call in the guard, tell- you it was ready to turu out. No. ill >, Vr ^ V it V i^\ . 1 . , i^ cSti Minutes of Euidenei, No. vJ '^^ ' "'! 338. — Did he make this request at any other time whilst the poll remainj M J any. 1829. ^^ <>P®" '^ I do not remember any think of the kind. 339. — Is it not true that the HiTound that he m.Ts the son of one of the Candidates. I do| not reraemberhavingf seen the Hij|fh Constable at the poll. 340. — Was it not only on the appearance of the Constables at the said polI,| that Mr. Papineau made the objection ? I cannot tell. 34 1. — On the same day, on which you had spoke to Mr. Gale, respecting the! Military force, was not order restored several hours befere the adjournment| of the poll ? Yes; the disturbance was suddenly allayed. This I attribute to the in. ^ fluence which Mr. Papineau appeared to have over the disturbers of the peace I as he retired from the poll room, after stilting- that all would soon be quiet, and that there Avould be no necessity for an adjournment which the violencel of the riot had induced me tc propose; upon his retnrn the election went on I and continued quietly during the remainder of the day, and during the re- mainder of the election. [Adjourned until Monday next. II < Monday^ 5lh January 1829. P,u:si->JT: — Messrs. Viffcr, Ilenei/, BourdageSy Lcfebvre and Leslie. Mr. Vi Peace, to the great dissatisfaction of the District, iiinot say whether many new Justices of the Peace were included in the " Commission of the month of Mr ch ; I know that Mr. David Ross's name I inserted for the first time, and ;;hat this gentleman succeeded Mr, Gale as lirraan of the Quarter Sessions for the District. ^48. — Was it not notorious that the names of many of the Justices of the ice for tlie District of Montreal, had been struck out of the Commission iccount of their opinions on public matters and with respect to Lord Dal- jisie's administration ? fes ; it was the general opinion of the public. 149. — Were not some of the Justices of the Peace for Montreal, struck out Ihe last Commission for reasons peculiar to their case, in addition to the fe general cause above mentioned ? les; the general opinion was that Messrs. Mondelet, Heney, Larocque Baron, were struck out for having, on the 7th July 1867, signed ti super- pus, to stay an order made by themselves, and several other Magistrates, the 30th June preceding, 350,— 1; f. w J. jl 1 ' ; i (88) Minutes of Evidence. 3r)0. — Did not some of tlie Ma^nstratcs tell you that the said supersedes flge r, Es qr. ^^^ the cause of the diHinlssal of those M'ho had sig-iied it? SthlMTTRQ^ ^ recollect that the very uioruiiijif of the day on which the last Comniis^ioJ y. io-iJ'of the Peace arrivedat Montreal, Mr. David Ross, one of the new Justicest the Peace, and Chairman of the Quarter Sessions, in the place of Mr. (iaio, virtue of tiiat same Commission, said to me, " Well, so tlie Ma|»istrate ot'i " Supersedeas are at hist struck out." " Yes," answered I, (without a|)p(!arii to hear him,) '* I have already heard that the new Commission has arrivod.at " that Messrs. Leslie, de Rouvilleand De Lahruereare not included," " tliati ** true,*' said he, " hut I am speaking to you ahout the jceutlemon of the siiptri '* sedeas." ** Oh ! are Messrs. Mondelet, Heucy, Larocque and Baron, no luii!\ " Speak and I obey ; here arc my men,arnuKl with axes, ready to return tot " ground; only speak ; for, as to me, I do not know which order to obey." JlrJ Gale then answered me, " well, Mr. Viger, you need not proceed iurtliMT •' make your report to the Magistrates, and produce the supersedeas;^' thatm I discharged my men in Mr. Gale's presence, and in fact I reported to Magistrates asking their further orders. 352. — Did not tiie said supersedeas relate to a nuisance, which Mr. Staulejj Baggwas accused of having occasioned on the highway ? Yes ; such wjis the complaint made against Mr. Bagg 353. — ('an you say, in your quality of surveyor of highways, &c. &c. since 1813, whether the street or public passiige which Mr. Bagg was ci^i ged with obstructing, was truly and legally a road or highway r* According to me, the ground on which Mr. Bagg had erected the ftncesani house complained of, and which I was ordered to knock down, as an obstnioj tiou ornuisancc, did uot belong to the public as a street or highway; astlj fgriiialitiij ( 89 ) EsqK Minutes of Evidence. |»rmaUties prescribed by Law, for the opening of a Public Road and for ac- lirinjf the ground, bad not, in my opinion, been observed. '^' ^^8^^* 354.— When Mr, Bagjf committed the trespass mentioned above, was it' ^ , ^ [)tin consequence of your report, as inspector, that the Magistrates took cog- "^" **^^' jzance thereof ? .- Yes, it was in consequence of my report, kid before the Special Sessions ' the Magistrates in May 1827 ; Mr. Gale, the Chairman of the Quarter i^ssions, having informed me a few days before, that the said trespass had eeu committed by Mr. Bagg, and having required me to ascertain tlie fact, id to make a report thereon, I assured myself by visiting the ground that ^e obstruction really existed ; and made a report thereof on the day above keutioned. 355. — If you thought, as you have just said, that this street or road was )t legally the property of the public, how comes it that you thought it ne- ^ssary to report the said trespass, which, in your way of looking at the mat- |r, could not be considered as such? I knew that the Magistrates had approved, in a Special Session, the favor- ble report of a Jury summoned for the purpose of putting the City in posses- Ion of the ground in question ; and although I was convinced that all the Irnialities required by law had not been observed ; yet, being the oiTicer of |e Magistrates, it would not have become me to question the validity of Loir judgment homologating the said report ; and I tnerefore thought it my iity to inform them of the existence of the obstruction, and to ask their or- fcr«. [ 356. — It is not true that a great pait of the ground so declared to be pub- property, by the report of the Jury, homologated by the Justices of the reace, was publicly known to belong to the Ladies of the Montreal Ge- bral Hospital ? Yes, that was the general opinion ; and I believed so myself. 1 357. — Is it not true, that the Ladies of the Gen^iral Hospital who are pub- ply supposed to be the proprietors of the said ground, were never regularly |>tificd by the Justices of the Peace, that the Town intended to take pos- ssion of that part of their property, either at the time the Jury were sum- [)ned or after ? I Yes ; I myself requested the Magistrates, and particularly Mr. Gale, to jjtify on those Ladies, as well as Mr. Cuvillier, who was at that time build- a wharf in front of his property, (adjoining that of the General Hospital) it the City took possession of their ground as bein^a public street ; but they jrnally refused, pretending that they were not obliged to do so by law. [358. — Did the Justices of the Peace at Montre.il take any steps to obtain lecision on the legality or illegality of the said supersedeas ; and what steps ere taken? [At a Special Session of the Magistrates held on the 4th August 1827, it las in fact, proposed to adopt measures with respect to the said supersedeas, Id ray report a(;companying it. Mr. De Boucherville, one of the Justices of je Peace present, moved that the supersedeas and other papers relating to |e question of the obstruction which Mr, Bagg was charged with having [used, should be placed in the hands of the Crown Ofl&cers, with instruc- )as to bring the whol« before the Court of King's Bench in order to obtain M. • M I J i' f ( 90 ) Minuteu of Hcidence. ^ !«•: t In a IcT'il 'iL'cision tlicroon ; but the mj joiity of tlio Justircs of tho Poaco (Wii J. Vigor, F.sqr. (h-d tlu» ooiitnirv, and n'>(>lved to submit the vvliolw to the loiisidrratiom *^ — v— 'His Excoll«»nry tho Eurl of DnlhoiiNJc ; which was iiniucdiati'ly (hmc. Sth Jany. iHuy. 3.50. — Is it not truo that sltico this lofciviu'e was made to the (iovonioil,f| tho Ma::;i.stnito.s, no dcoisiou lias booiiifivtMi vvitli n'sjx'ct, to t\uwiiii>crs,'(kiit\ and that thiiijrs have rcmuiuod in thu suuic Ntati) in wliich they wei'u ut tliel ' time the said ordt'i was made ? 1 Y«'s. [ lino. — Do you know of any hiw of this Province, reffrrinrr to thi^ Govoriiorl th<>,ind^nuent and decision of a point of li\\Y Nuclias that to uiiich tho xujwJ ilitis t;'ave rise "r* j I know of none, [Adjoni'ned to Wednesday next. IVcdnesdatjy '^lli January 1S29. PnESENT : — Messk's. Vi(/cr, llcnej/, Ltnlie, Cuvillier, Lefebvre, and Uim\ ilaycs. Mr. Vlfjer in the Cl)air. Jean Philippe Lrprohoriy Esquire, of Montreal, appeared before the Com niittee, and wan examined as t'ollo^t's . — J. P. I.evrohon, «^01. — Do you reside at Montreal, and how long have you resided there? i-Mjr. Ihave always lived there. *^- V ' '.Kri. — Are you one of the Justices of the Peace of Montreal, and since nkl 7ihJany. iB29.time? Since 1800; or thereabouts. 363. — At what time did tho last Commission of the Peace, for the DistrirJ of Montri.'al, issue 't In March or April last. 3G-1< Did this (Commission, compared with the last, produce many ch ges in the I istrirt of Montreal ? It produced many chanfres; several of the Magistrates of the City includti in the old Commission were omitted in the last. 3G5. — Was it not notorious at Montreal that the dismissal of many of tliil Magistrates whose immes Avere omitted in the last (Commission, was owiiij,'li| their political opinions ? Yes; it was the general opinion. 36i3.— Were i^ot some of the Justices of the Peace of Montreal disnii^'d for some particular reason, in addition to the mere general cause heie abord mentioned ? It was publicly rumoured, that four of these gentlemen had been leftoiiti) the list, for having sif^ned a certain supersedeas^ relative to the obs^ruttioi of apublic way, which Mr. Stanley Bagg was charged with having caused, 367. — Is it uot true that some of the Magistrates included in the last Coi mission, have no j)roperty, and consequently offered no responsability, ^ were known to hare none when the labt Commission issued .'' Thr J, p. Lej)rohon, (91 ) Minutes uf lUuUtnce. TliTo nro some. 3(jH. — ( 'iiii you nanio any of thorn ? Doctor Paniy, 'I'lioiims A. Turner, TTonryMcKcnzit*, Jumos Fiulay, Wnl. loUowt'll, 13. C. NiH»u)r. 1 Unow of no property boloii^riiiir to tlium. ;{(if).— Do tho Ju«lico8 of the Poaco <,'«'nt'rally oujoy public conlidcnce ? '"* *'''"> ^**-^' They ar«5 far froui t'njoyiiijr it as foriuerly. 370 — Didthey not rocoutly call ouc or several meetiii};;!* of the citJ/''n.s of iIoHtrcai ? They lately resolved to call a ineetiuf»' of the citi/cns of Montreal, and call- t lie said uieotin;^' on the suhjuct of tertaiu improveme>it.s to be niude iu the !)ity, and a loan for that pur|)ose. li'il. — Is it not true that a nunibi'r of the citizens of Montreal who were at lat public meetin;,'', oneuly expressed 1 heir determination not to attend any ii;jer at the said meeting, if it h.id beeu called by the Justices of the Peace Montreal ? It '.^ as not precisely for that reason ; hut on m(»tlon this mcetiuff M'as ad- urintA sine die ; and the reason jistiAgned was, thatthe citizens were of their vu accord to meet on a subsequent day for the sanu) purpose, and that the 'a;»istrates might attend at the meeting if they thought proper. '.ir2. — Is it not true that several of the citiKens who had called at tho cond meeting, and who were also Justices of the Peace at Montreal, thought eniselves obliged to declare that they did not attend there as Justices of e Peace, and that they had not called the meeting in that quality ? I heard so ; but I was not there at that time. \V hen I arrived at the meet- it was aheady organized and the discussions had cymmeliced; but in my eseuce the Ma<;istrates of Montreal were accused of ba<( management, and voie rellecHons were passed on 'hem; and it is this which led me to judgo lat they had lost the jiublic confidence. 373. — Did any person undertake the defence of the ^Tagistrates ? No. 374. — Were there several Jui^i-es of the Peace at t at meeting? I obser\ 1 live or six. 37o. — Had this meeting been ) Micly called ; was numeroiK and res- ctahle, andcould it be considered ah re|»resentiug the piiblic opinion of the ty of Montreal ? \es; certainly. |376. — Are the Justices of the Peace at Montreal authorized in any case to id any of the public monies of the Town. A vote was piissed for lendiiiif the sum of £100, totli" Trustees of the new rlcct, but only a small part of the suui ^vas paid, '77. — Was the Road Treasurer authorized ot any and at what time, to d any sum out of the public monies ; and to whom ? ' am not aware that he was ; with the exception of the sum just mentioned. 78. — Are the Justices of the Peace ace"' '^able for the public monies of Town ; and to Avhom? t has not come to my knowledge, that.'.o /'agistrates have, up to the pre- t time, rendered an account to any pers- - >. .latsoeverjbutthe account of receipt and expenditure has been pubiisheafrom time to tiine. 79. — Are not some of the Justices of the Peace also pri^piietors of the ntreal water- works J and if this is the case, can you name them ? Yes ; I !i ^ i , I >^<^^ ^^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I UilM 125 Itt fM 122 u lii £? L° 12.0 Hiil |l.25 1 ,.4 1 ,.6 ^ 6" ». o^ /; ^^*' '/ /A Photograiiiic Sciences Corporation 33 ^OST MAIN STREET WEBSTER, N.Y. K5M ^ \\ 5* O^ ■8 1'. I- ( 02 ) Minutes of Evidence. Yes ; 1 shall name Messrs. Porteous and Griffin, who are so either as ^-pSr'""** agents or proprietors. ^"* t 380.— 'Are they subject to come frequently into collision with the other 7th Jatiy! 1829. Justices of the Peace with regard to the streets of the Town, which they are from time to time obliged to break up for the purpose of extending or re. pairing the water pipes ? I do not know how it may be at present ; but that has happened formerly, 381. — By whom are the duties of the Clerks of the markets performed ? By L6on Bernard Leprohon. 382. — Is he the sole Clerk of the markets ? No; Mr. L. M. Marchand is also Clerk of the markets conjointly with my son ; I am informed that he obtained leave of absence, 15 or 18 months ago. 383. — Is Mr. Marchand one of the Justices of the Peace for the District of Montreal, and did he not reside at Montreal and hold there, and at the same time, the office of Clerk of the markets and that of Justice of the Peace ? Yes. 384. — Are not the Clerks of the markets obliged to make frequent reports to the Justices of the Peace on the state of the markets ; and are they not made dependent on them by theregulatiotls concerning their duties, and by whicii the emoluments are fixed ? Yes. ' •' - • ■ • 385. — Are not the Justices of the Peace bound by law to meet every month, and at such meeting to make out a statement of the works necessary in the Town and City, and to appoint a Committee from among themselves to cause the said works to be executed ? According to the act of 1825, they ought to do so the first Monday in every month : and on the first Monday in the month of May the Committee of three, was appointed for the year, to superintend the works. 386. — Who are the Justices of the Peace composing the said Committee ? The Committee ^'as composed of Messrs. Guy, Molson and Griffin, up to the first Monday in August last, on which day Mr. Guy, declared he had been and was unwilling to serve, because he considered the proceedings of the Magistrates contrary to law. 387.^ — What reasons did Mr. Guy assign on this occasion ? That the meeting for the purpose of assigning the work to be done, ought to be held every month ; that this had not been done on the first Monday in the month of May preceding ; and further, because, he would not agree to certain work ordered to be done in St. Joseph street in the St. Joseph Suburb. 388. — Who took Mr. Guy's place in the Committee ? ^ Myself. 389. — Are the public monies of the Town employed exclusively to the ob- jects for which they are appropriated ; and is this done in a judicious man- ner and conformably to the wants of the Town ? I believe that they have been employed with the intent to do the public justice, but in my opinion they might have been employed more profitably than they have been 390. — Can you ooint out any particular case in which the said monies have not been employed as they ought to have been, most advanta^-eously for the Town? ..,.:,y . ■ ■ ' • • ' Yes; (93 ) Minutes of Evidence* Ws; I think that the McAdaraization of St. Joseph Street at a considera- ble expense raig-ht have been avoided, as it was to be expected that the La- /.P. Lejyrohovtt clune Turnpike Road act would be renewed ; in which case the Town would Esqr. onlv have to pay twenty five pounds annually for the greater part of the said ' v— — ""^ road. i-.^ .^ i- fa F 7th Jany. 1829. Secondly ; It appears to me, that a stone bridge of a single arch was inad- visedly built in a part of the town but little fr'^j^uented. 391. — Did not the Justices of the Peace order in Session, that the said bridge should be built of wood ? Yes ; the carpenter had even got the materials ready, but Messrs. Molson and Griffin, two of the members of the Committee, caused it to be built of stone, alleging that the difference of the expense was only twenty odd pounds. 392.— By whom were the repairs and improvements made, last yeai*, to the market house of the new market at Montreal, ordered ? By the market Committee. 393. — Who composed the said Committee ? Messrs. Porteous, Turner, Pardv, Napier and De Montenach. 394. — At what time was this Committee appointed ? On the first Monday in May, as far as I can recollect. 395. — Did they receive directions from the Justices of th-^ Peace, at the time they were appointed, to cause the said works to be executed ? No ; I have no knowledge of any Session at which a work of this nature was ordered ; and I do not believe that one was held for that purpose. 396. — Were these repairs urgently necessary; and to what sum might the expense attending them amount ? I considered that the expense was necessary ; as to the amount, a meeting of the Magistrates was held to congiderthe expense, and to determine whether the market Committee had a right to take upon themselves to order it with-^ out an order from the Magistrates ; the majority of the meeting approved the conduct of the Committee, — the members of the Committee themselves voting with the majority ; without which the said majority in favor of the Commit- tee would not have been obtained. This expense was also incurred in con- travention of a resolution entered in the Register of the Special Sessions, by which the Conmiittee were restrained from expending on the market any sum greater than ten pounds, without the order of the Magistrates : these expenses were, as 1 have been informed, as follows, viz : one liundred and eighty odd pounds for clapboarding (Z'^ntoui'a^e) the market house, and about eighty pounds for the floor ; we have not been able to learn the exact amount, be- cause the Committee pretend that they are not bound to render an account befo|re the end of the year. 397. — Was the said work done with proper economy j and were the public proposals required in such cases by the road law made ? I do not believe that the said work was done with proper economy ; and I produce the certificate of a contractor who is well known, by which it ap- pears that he would have been able to do the flooring for £32 15s. instead of which it cost about £80; the certificate is as follows : — " I, the undersigned, residing in the Town of Montreal, after having inspect- ed the flooring laid by the ]\&gistrates under the market house in the new market. f ■; '■;-' (94) Minute* of Evidence. « market, declare that I would have done the same work as it is now done J. P' Leprohon,*' for the sum of thirty two pounds fifteen shillings currently ; an^ that 1 am •^>q- " andshall be ready to do an eoual quantity of the same work for the said sura. 7ih Jany. i8Si9. " Montreal, 5th January 1829. (Sig-ned,) Hubert Sextenne." and no public proposal wos made to my knowledofe. 398. — Is the said Hubert Sextenne, who signedthe certificate, a man of ctc- dit and worthy of confident'e ? Yes ; he is a man of character and worthy of confidence. 399.— Are not the Justices of the Peace, and especially the Watch and Night-Lig'ht Clommittee of the Town of Montreal, the natui-al superintend- ents of the said establishment ? Yes. 400. — Do you 'inow that any person not belonging to the establishment of the Watch, has been employed at Montreal as a spy upon the officers and men belonging to the watch V I was told that a man of the name of Moon was employed to superintend the watch. 401.— Do yOa know whether it was the Wat(th Committee who employed this man ? Mr. Ross told me that it was he who employed him, and that he found tlic benefit of it. Ho (Mr. Ross) was one of the members of the Committee ; an- other Member of the Committee told me he had not heard it spoken of. 402. — Was this man one who could be recommended, and whose activity and hsnesty could be better depended on than the vigilgnce of the officers of the watch ; by what name and style was he known and designated at Mon- treal ? I am not acqtiainted with him; T know the officers of the watch to be per- sons who could be depended on; Moon was known by the name of the « Watch Si>yr 403. — Who appoints the officers and men of the Watch? The Watch Committee who are chosen from among the Magistrates and by them. 404. — Do you know the new market erected at Pres-de-Ville, at Mon- treal ? Yes. . - - 405.— Is it so situated as to be useful and to meet the wants of a large por- tion of the inhabitants of the To«n and Suburbs of Montreal ? I consider it as central, and useful to the inhabitants of the St. Lawrence and St. Anthony Suburbs. 40G.— Do you know whether the proprietors of the said market have offer- ed to place it in the hands of the Justices of the Peace, and M'hether the pur- chase thereof would have been advantageous to the Town ? The proprietors made the offer ; and I believe the purchase would ba ad- vantageous to the Town, if the conditions were reasonable. 407. — Is the Little River which runs behind the To.^n of Montreal, con. iidered unfavorable to the healthiness of the Town ? It is; and I am surprised that contageous diseases have not been occasioned by (93) Minutes of Evidence. l^yit; tliisis the opinion of many Physicians : a person was drowned there } and one family lost four children in the course of three months, which the"^" P- ^^J^^phnn, Pliysicians attributed to the unhealthy exhjil.itions from the said River. ».«__~^' , 408.— Do you believe it would be practicable to give it another, and what^jj, j^,^ jygg' course ? It might be turned through Monarque street, and made to discharge itself into the St. Lawrence at a small expense. A plan relating to this subject was made by the Road Surveyor. 409. — Do you know that several prosecutions for Libel were brought be- fore the Criminal Court at Montreal kst year ? Yes. ' ^ 410, — Were not the said prosecutions occasioned by certain writings pub- lished at Montreal, in tlie " Canadian Spectator" " La MinervCy" and the Spertnteiir Canadien ?** I believe so. 411. — Hjive you, since the year 1827, observed writin^js and paragraphs extremely violent against the people of the Country, their representatives, or the House of Assembly, published in the Official Gazettes and other pa- pers in the interest of the administration ? I have observed such i)aragraphs in the "Montreal Gazette" to which I sub- sci ibe ; I seldom see the others. 412. — Do you know that any of the Editors or Printers of the said Ga- zettes have been prosecuted for Libel ? I do not know that they have. 413.— In your opinion, have not the said Gazettes afforded matter as le- gitimate for prosecution for Libel, as the news papers mentioned in the first mstance ? lam unable to judge of that, 414. — Doyoii know whether any difficulty has been found at Montreal, in getting together the number of Magistrates necessary for the holding thd Quarterly or Weekly Sessions ? Yes ; it has several times happened, that the opening of the Court has been retarded by the want of Magistrates, as well at the Weekly Sessions as at the Quarter Sessions of the Peace. 415. — Has this difficulty been experienced for some years ? Yes; since the Magistrates have ceased to have an understanding with each other to attend in ^urn. 416. — How long have the Magistrates ceased to make arrangements for attending in turn V From the moment that a Chairman of the Quarter Sessions was appointed. 417. — Did the Chairman of the Quarter Sessions begin, at the same time, to attend in the office which has since been known under the name of the Police Office ? • . Yes. ■'■ ' \ ^ ' '• ^ ■■ ■ 418. — Have one or more Magistrates been some times paid for holding the Quarter Sessions, or for holding the Weekly Sessions, besides the Magis- trates who had been for some years past appointed to preside at the Quarter Sessions of the Peace ? r.^ oa 1 7ibJany. 1829. Minutes of Evidence, I believe that when the Chairman' has been absent, the Magistrate who has "'• ^' ^^^''^^* attended at the Police Office in his stead has been indemnified for the loss of V . ' bis time bv the Chairman. ,. , 419. — what has induced you to believe this ? Because the person who Mas indemnified told me so himself? 420. — Is it not true that Mr. Gale, in order to ensure the presence and co- operation of some one of his fellow Justices of the Peace on the Bench, las been obliged to pay such Magistrate according; to a rate agreed upon for each sitting ? It is true that the Chairman of the Quarter Sessions gave an indemnity to the Magistrate wh i sat with him in the Weekly Sessions ; this indemnity was about ten shillings per Session^ this lasted but a very short time. I *■; p. de Boucher viite, Esquire. i r Pierre de Bouchervilley was again called in, and examined: — 421. — By whom were the repairs and improvements, made last year, to the market house of the new market at Montreal, ordered ? They were made by the Committee for superiutending the markets, and after their own movement; to the best of my knowledge. 422. — Who composed the said Committee ? Messrs. Porteous, Turner, Pardy, Napier and De Montenach, 423. — Had they received directious from the Justices of the Peace, at the time of their appointment, to cause the said Mork to be done ? No. 424. — Were these repairs urgently necessary ; and to what sum might the expense amount ? The said repairs may be looked upon as essential, but not as of peculiar urgency ; I believe the expense amounted to near £300. 425. — Was the said work performed with proper economy; and were the public advertizements required in such cases by the Road Law made ? Messrs. Delorme and Sextenne, persons who undertake such work, have declared that more than its value was paid for the said work. I believe that the work was done uneconomioally. No public notice, by advertizemeutor hand bills, was given with relation to the said work, 426. — Were one or more meetings of the inhabitants of Montreal called in November and December last ? In November last, the Magistrates of Montreal, met in Special Sessions, decided that it would be necessary to call a meeting of the innabitants of the Town of Montreal, for Saturday the 24th November, for the purpose of ta- king into consideration certain resolutions relating to the improvements to be made, whether in the port or harbour of Montreal, the Little River, in Craig's street, or the roads in general. A second meeting of the inhabitants took place on the 1st of December, the meeting of this object of which was to petition the Legislature for the purpose of obtaining an act to Incorporate the City of Montreal, wasannoua- ced by many of the inhabitants in the public papers. 427. — Is it not true that a number of the inhabitants who attended the said meeting, lojidly expressed their intention not to remain any longer at the meeting if it had been called by the Justices of the Peace at Montreal ? ■ -.,...: The a. ( 97 ) Minutes of Evidence, i'i The itiootlajf held at the invitation of tlie Magistrates was numerotis. No ^ reflection was made upon the Map^istracy. It was easy, liowever, to read tho "" ^' Jioucherm | mute lanffua^e of the meetinj"^ which seemed to my to us, "your reignisovev" i ^ [S " ^^' > ■ for Mr. Ross had no sooner opened the meetings than a motion to adjourn (sine^^^i Jahy" 182S^, die) was made and carried hy a ffreat majority, and that, witiriout being willing even to hear the resolutions which had been drawn up and read, or tiie arofiiments in support of them. At the meetinjj hold on the Ist December, a voice was heard enquiring' whetiier the meeting had been called by the Magistrates ; and on an answer being given in the negative, the same voice said, " thafs goody lefs stay.*' I cannot point out the individual, he was in the crowd. 428. — Is it not true that several of the inhabitants who had called the second meeting, and who were also Justices of the Peace, thought themselves obliged to declare that they were not present as Justices of the Peace ; and that they had not called the meeting in that quality ? When the voice, (I cannot say whose) that I have spoken of was heard, enquiring M'hether the meeting had been called by the Magistrates, Mr. M'Gill declared, as well in his own name, as on behalf of several of the Magistrates who had signed the notice or invitation to the public to meet for the purposes already mentioned, that they had not intended to invite or call the meeting as Magistrates, but that on tho contrary , they had done so in their quality of citizens. 429. — Was the conduct of the Magistrates censured at the said meeting ? The general conduct of the Magistrates was censured by several pei*sons, and that in the strongest manner ; we were spoken of as ignorant and preju- diced men who were unM'orthy of the public confidence. 430. — Did any one then undertake the defence of the Magistrates ? No ; that would have been contrary to the rules. 431. — Were there m.any Justices of the Peace at this meeting ? Yes ; many of us attended. 432. — Was this meeting publicly called ; was it numerous and respectablci and could it represent the public opinion in the Town of Montreal? This meeting was called in the public papers: it was numerous: I cannot ay positively, but I believe there were four or five hundred persons present. It was in every sense respectable ; the m.ajority were Canaaian proprietors, t think this meeting might represent the public opinion. r *s,| I J ■ «' . Jacques Viger^ Esquire, appeared again, and was examined : — * 433. — Can you say whether the number of Justices of the Peace appointed by the last Commission, in the District of Montreal is proportionate to the "^^ ^^* population of the District; or if the number appointed in the City and County *'~''~~~ bf Montreal is proportionate to the population ? The number of Magistrates in the District of Montreal is, I believe, 170, exclusive of the Judges and Councillors by whom the number is increased to 209. The population of the District in 1825, was ?24,324 persons. I may safely say that the great Majority of this population were Canadians, or per- sons born in Canada j but I cannot fix the exact number, as I can with res- '>- ".■■\:/:^-';r -;■;:::":•:::;- -. N. '■ -1,^:. ■ '^ ■''■-':: -'Tj ;:.■■:■[ pect Esqr. 1 1 :i 1 ^ 98 ) Minutes of Evuhnce. t Meet to tlie County of Mont r<«al, of which 1 niadotlie census, in 1825, ivith Mr. Vigert Esqr.^jj i\m. As to what reinnins, havinjr assured myself that of these ',^09 Majfis- trates i I 189Q """fis ("'feuding' the Judg'es and Councillors) only 70 are Canadian born, an(. 7th Jany. 182J. j^^ born out of the Country, Icau safely say that the (.'anadian ^mpnlatioii is not represented as, its appears to mo, its numbers Avould reipiire in the Mu- ffistracv of the District. With rejrard to the County of Montreal in particu- i: 18 ffistracy Far, the population was in 182.5, 37,279 souls. Of this number there were born in the Country, 28,850 out of the Country, 8,699 37,279 The number of Magistrates in the County in 1828 (the Judges and Council- lors residing there being alone reckoned) was 44, Of which theit) were Canadians born in the Couut/y, 12 out of the Country, 32 44 The City of Mmitreal reckoned within the limits in 1825, 22,540 |>erRons sub- ject to assessment and other taxes, of which the Ma^strates residing with- in the limits, have the administration. Of this number there were, born in the Country, 15,120 out of the Country, 7,420 22,540 The Magistrates residing in the City in 1828 (Judgesand Councillors reck ^ oned as above) were in number 40. Of whom there were born in the Country, 10 out of the Country, 30 40 434. — Do the Magistrates generally enjoy the confidence of the public? I am sorry to say, that I do not believe they enjoy it. 435. — To what can this want of confidence be attributed ? It is, I believe, from the establishment of a Police Oflice at Montreal, that tlie commencement of the falling off in the popularity of the Magistrates in this City may be dated. Before this time, the Magistrates were all equal, and gratuitously perf, rmed the duties which were common to all. Since tlie establishment of the Police Office, the Magistrates who have been placed at the head of it, and paid in consequence, have taken the lead in all the busi- ness and have become the exclusive organs of communication between the ad- ministration and the municipality ; a mode of proceeding which could not fail to excite discontent among the other Justices of the Peace, and to induce some of the most respectable and most useful men among them (both as regards ac- tivity and intelligence,) from that time to take no part in the business of the City, except at long intervals ; thinking as they did that this new order of things must tend to lower them in the public confidence. Since that time, and particularly under Lord Dalhousie's administration, the public disfavor iu which the Montreal Magistracy has boeu held, has been real and constantly increasing. The following are, I believe, some of the lauses of this disfavor. Many Mimiti'fi of Eoidvncc. . ! \ t 1 i 1 Many ol'thosft who aroiiicliKhMl in the ('onimisNion \vhit:h hcissuoti, and par- ticnliiily inth« hist, «h> not possess the contidenee oi'the pnblu^ and are, onJ- ^''fi^^r, Esqr. the •ontraryjookod upon witli nn evil eye : some of tliein are Bankrupts,* v ' rieiks, men without property, notinerelyin the (!ity, the revenues of which''''* J»ny. 182<). lliey administer, hut even in tlie District. Many of the; Canadian Mag;is- tiiitcs, (the uund)er of whom was far from heinjif proportionate to the C'aua- (liiiii population of the City,) were omitted in thehtstConunissionofthe Peace. I ,'{(). — I lave they not lately called one or more meetings of the inhabitants of Montreal V Two meetiuffs of the inhabitants of Montreal were lately called for the mirpose to petition the Provincial Parliament on various subjects of peculiar interest to the City of Montreal. The first of these meetinjrg was expressly called in the name of the Msjgistrates, by the CUerks of the Peace ; the second l»y iin advertizement in the papers signed by several inhabitants known to be Just ices of the Peace. ♦37. — Did it not happen, that a number of the inhabitants of Montreal who were present at a public meeting in the month of December last, loudly ex- |irpssing their intention to remain no longer at the said meeting, if it had ))C('ii called by the Justi. la-J. ^^2_^y,.,.^. j;,,, Tiiislees of the Market you have just spoken ot, them- hclves Justices of the J'eaee, &c. V Yes. 4,|3'_WaH lliel'voud Treasurer inany instance au'lujrized topy the Cre- ditors of the Town, tlie interest on the amount of their respective aceounts, ill consequence of tlie said accounts not having' hecn paid for want of the iieiiessary funds ? , , . • It is within my knowled I'V'ivol Koi Hraiinioiit, tiih Jany. lu^'j. ''*>'>■> lVl(Ni(l«>r Saiiitf I'oi, CliarlcH li'lUoiii'iii'iiii Siiiiit TluMiias, .1ar<|iirs (Hiva Ditto, luUvanl Ilal<> Tort Ncuf, <}c Maniill'Mi Point Lrvi, DoiniiiicU Daly (jiM>ii«>c, .lolm ('al«hv«'ll Ditto, ('liarl(>N Cliapais..., Uivci* Oiirlif, J. H. Taclir KaiuoiuusUa, lit'iijaiuin Trcniaiii, Qiicltcc, Al<>\. V. niicliatiaii Ditto, Thomas (ionioii , Ditto, <'liarl(.s !)«• Lvvy Ditto, Thomas Ca/caii Kainoiiraska, Amahh' Dioiiiii}..., Ditto, Pascal Tacht' Ditto, J'ieiTc Cauar, (lit IVlan|iiis Saint Aiidrr, Ah>\an(h>r Simpson Qnclx'c, John LeathiM* — Ditto. (Cortifiod) W. S. SEWELL, SheriH. He v/as til en examined as fol'ows : 448. — Were there any other (irand Jmors t;nmTrionn any Courts of ()y<»r and Tvnniupr in this District ,^ (liirinf; tli« lust li v« yours ? Not OIH' .V. SruW/, KM|iiire. 9th Jany. iS'J'i. 4.Vk— Wlionro jirp tho P<«tty .Tnrorssnnimonorl ? hifrmit imvt from tho City and County « f Qurhoc. LW.— VVliat is the nnmhorofthoso who uro tukeu from that part of tho lOunty which lies outsido tho Town V A vory sniall portion ; about an oi^rhth. 4.50. — When Jurors aro siuinnoiUMl from parts of tho District lyings out^ sidctiio Town, in what portion aro thoy totnoso from tho Town ? In }>«noralthoy amount to about a fourth. 4')7. — Have you nevoi sununoiu'd a {jroator numbcu' from those parts of the District lyinjf outsido t,hf the important business v>-v>-/v>-w> which was to come before the said Criminal Court, during the Term, to at-^'h Jany, 1829> tend on the da3'' appointed. When I reached the Court House, I went up to the Grand Jury Box ; I learnt from a great number of the gentlemen present, that they had all received a second and regular summons. I re- mained a few moments with them, and on reflection, thought it right to with- draw. I went to the Sheriff's oiEce to obtain information as to the reason for which a distinction had been made between me and the rest. The Sheriff, whom I first addressed, seemed not to know the reason ; he turned to the Clerk of the ofiSce, who, on referring to the List, told him, ** Mr. Lee's name was on the first List, but is not in the second." 470. — Can you produce the Writ of Summons which was served on you ? I believe I have it, and will produce it, Mr. Lee afterwards produced the Writ of Summons, ^vhioh is as follows: « Province of Lower Canada, > District of Quebec. ) « Sir, " You are hereby summoned to attend as a Grand Juror at a Court of Quarter Sessions, to be holden at the Court House in this City, on Saturday the 22d day of March instant, at ten o'clock in the forenoon of the same day, to do and receive all those things which on the part of our Sovereign Lord the King shall then and there be enjoined you. Hereof fail notat your peril. ■ it Quebec, the lOtb day of March 1828. « W. S. SEWELL, « Sheriff. {. '"'V^ « Thomas Lee. Esq.'* Jacques Viger, Esquire, again appeared, and his examination was continued. 471.— By whom are the duties of Clerk of the Markets at Montreal per- J. Vigetf Esq. formed ? **-^ Messrs. Louis Made Marchand, and Leon B. Leprohon, are Clerks of the Mai'kets at Montreal. Mr. Leprohon has acted alone for two or three years, since Mr. Marchand retired to S:. Ours, and this, if lam well informed, by permission of the Earl of Dalhousie. 472. — Do you not know that a Clerk of the Markets at Montreal, being at the same time a Justice of the Peace, sat as such when the Tariff of the Clerk of the Markets was under consideration ; and did not the said Magis- trate leave the Bench in consequence of a remark made in Court, on the unpropriety of this proceeding ? tremeiuber that th\s happened to Mr, Marclwad in my pre^eace. He o w (106 ) JUinutea of Evidence. was holding' the Court of Quarter Sessions, with two of his fellow Justices ^. Viger, E6q.ientioned cost more than 750/, It was said at the time that there was no need, for pressing the execution of this work : that the renewal of the Lachine Turnpike Road Act was ex- pected, and that in that case the Town would only be subject to an annual fexpense of about 25/. for the greater part of the said street. A sewer under St. Elizabeth street, in the St. Lawrence suburb, was very necessary, it was projected several years ago, and still remains to be done. It would huve been necessary to turn the waters of the Little River, which, running through a piece of low lands, overflows in the suburbs, and the waters of which becoming stagnant, make the air unwholsorae, in addi- tion to the inconveniences resulting from it : this has been for many years a Subject oi complaint. The inhabitants also complained that the Beach of the river opposite the Town was neglected. I think that the opening of many new streets, or the establishment of the necessary public squai'es ( places) as well as the construction of sewers under several streets, have been neglect- ed. I may also, at tiiis moment, refer to the evidence I gave before a Com- mittee of this House, on the 10th of March 1825, with regard to the works and improvements necessary in the Tovi^n of Montreal, which have been long proje<;ted, and still remain to be executed : And, in my opinion, many of these works were more urgently necessaiy than those which have beea Executed. 478.— Do you know the new Mar!:et erected at Pres de ville, at Montreal ? * Yes. 479. — Is it so situated as to be useful to meet the wants of a great portioa of the inhabitants of the Town and suburbs of Montreal? I beUeve so. 480. — Is the Little River which flovi^s behind the Town of Montreal, con^ sidered as unfavorable to the healthiness of the Town ? Yes. 481. — Do yon believe it would be practicable to give it another course ; and what course ? I think the course of the waters of the Little River may be changed in ttvo ways ; first, by an outlet to the St. Lawrence, through Papineau Ro-'id and Papineau Square, and Monarque street ; and secondly, by a subterra- neous outlet to be made under Lacroix street as far as the St. Lawrence. 482.^ n if M to, i V-i ■!■■■ (108) Mimtts qfJBvtdence, 482. — Do you know thuii several prosecutions for Libel were broua^ht be- X Viger, Eiqr.fore the Criminal Court at Montreal, last year ? dth Jany, 1829. 483. — "W .r« not those prosecutions occasioned by certain writingfs publish- ed at Montreal, in the Canadian SpectatoVy La Minerve, and the Spectateur Canadien ? Yes. 484. — Have you, since March 1827, observed writinj^s or para^aphs ex- tremely violent against the people of the Country, their Representatives, or the House of Assembly, published in the Official Gazettes and other piipcrs in the interest of the administration ? Yes; and some of these writings were republished as pamphlets, and distri- buted gratuitously, or at very low prices. 485. — Are you aware that any of the Editors or Printers of the said Ga- zettes were prosecuted for Libel ? They were not prosecuted. 486. — In your opinion, have not the said Gazettes frequently furnished matters as legitimate for prosecution for Libel, as the newspapers first men- tioned ? Most certjunly. 487. — Was it not the general opinion that the said public i)apers would not be indicted, because they were on the side of the administration ? Yes. 488. — Do you know at what time the last Election for the West Ward of Montreal took place ? In July and August last. 489. — Who was the R<*turing Officer for the said Election ? Mr. Henry Griffin. 490. — Do you know at what time the Writ reached him ? I do not exactly know, but it was publicly said from the middle of July, that Mr. Griffin was the Returning Officer. 491. — Was not a meeting held at Montreal in the month of July 1827, on the subject of the Election which was to take place for the West Ward of Montreal ? Yes. 492. — Can you recollect the day on which this meeting was held ; and can you say whether Mr. Griffin was present and took an active part in the deliberation of the said meeting ? There was such a meeting on the 18th of June 1827, in the News Room ; I saw Mr. Griffin come in. The public papers afterwards informed us that Mr. Griffin took an active part in it, and even moved a Resolotion, in which he engaged himself, iil common with the meeting, to support with all his might the election of Messrs. McGill and -Delisle, and consequently to exclude Messrs. Papineau and Nelson. 493. — Were you present at the election for the West Ward of Montreal, at the time of the last general election ? Yes ; I was there at different times, 494. — Were you at the poll of the said election when the High Constable made his appearance there, accompanied by the other Constables with their staves ? ( 109 ) Minutei of Evidence* t iVas there one day when the High Constahle, followed hy several other _ Constables, came there with their staves. J^ 495.— Can you say by whoso order they appeared at the Poll ? and whe- ." tlicr thoy were sent back ; and by whom ? The High Constable appeared at the door of the room in which the poll was held: Mr. Henry Griffin, the Returning Officer, after some explana* tion which took place between him and the Candidates on the news of the arrival of the said Constables, said to the High Constable, " I do not need " your services, you may M'ithdraw, and when I want you I will send for " you." The Hioh Constable remarked, that if he had come, it was only because Mr. H, IVfcKenzie, a Justice of the Peace, had let him know that the Returning Officer recj^uired his services. 496. — In the Petition from Montreal, addressed to this House, one of the subjects of com plaint against the Magistrates of that Town, is their alleged neglect in not having secured for the Town, the property and enjoyment of forty acres of land, reserved as a Common ; can you give the Committee any intbrmfition on this subject ? This is a complaint which has existed, I believe since 1819, or perhaps even since 181.5. From one or other of these periods, the Magistrates have been busied on this subject, without being able to determine what means they ought to adopt, to secure to the Town the property and enjoyment of the said Common. Things were in the same stale with regard to tliis busi- ness in 1825, when 1 appeared on the 10th of March before one of the Committees of this House ; gave the evidence, which may be there seen rela- tive to the said Common,and produced copies of the deed of concession thereof in 1651, and an extract from the Livre Terrier of the Seigniors, communi- cated to me by those gentlemen. Since that time the Magistrates, in order to prevent the encroachments made by several individuals on the said Com- mon, by enclosing certain portions thereof with fences, have thought it their duty to take possession of the forty acres which form it, and to declai'o it public property (js/accsjowW/g'Mes) by homologating, in October and No- vember 1826, the favourable reports of two Juries summoned for this pur- pose. In July 1828, encroachments were made by individuals, and, by order of the Magistrates, I got rid of them, by removing the fences they had put up : But since that time, that is to say, since the 4th of August last, I have again been obliged to report to the Magistrates, that Mr. Commissary Forbes was taking possession of part of the said ground, and fencing it as ground belonging to the King. At the same time Mr. Ross, the Chairman of the Session, produced a letter of explanation, from Commissary General Routh ; and it vv^as resolved that the Chairman do communicate to the Com- missary General, the verdict of a Jury given on the 21st December 1826, and homoloi;ated the same month, concerning the ground in question. Things have remained in this state ever since ; and I have not received from the Magistrates the further orders I asked for, by my report of the 4th August. 497. — After having made your report to the Justices of the Pea'-u, and asked for their further orders, after the supersedeasy of which 3 ou have spoken Viger, Esqr, •V- Jany. 1829. II ( 110 ) Minutes of Evidence, f Ti V spoken in your 7th answer, did the Justices of the Peace give you fresh J. nger, i^'V'^ ^^^^ ^yith regard to Mr. Bagg's fences and house? 9th Jauy. 1829. ^QQ_y^^j.f, yQ^^ prosecuted for having neglected to throw down Mr< Bagg's house and fence ; and was this done hefore a Court of Criminal Ju- risdiction? Yes — an indictment was brought against me at the Court of 0}er and Terminer, in November 1827. 4f/9.-^Was this indictment tried ? No— but it was afterwards removed bv Certiorari^ into the Court of Kind's Bench, for Criminal matters : it is still pending therein, and I am uudtr Bail. [Adjourned to to-morrow.] Saturday, \Oth January 1829. t*REiENT : — Messrs. Vigery Heney, CuviUiery Lefebvre, Leslie, and Bow- dages. Mf. Viger in the Chair. Mr. William Manly appeared before the Committee, and waS examked Mr. W. Monlt/. as follows : loth Jan. 182». 500. — Were you employed in the Sheriff's OfBce last March, and in what capacity ? I was employed in the capacity of Clerk. 501. — Are you aware that there M'as any irregularity in the sununoning of the Grand Jurors for the last March Term ? There was an irregularity, of which 1 was myself the cause. Instead of taking the blanks for the Superior Terra of Criminal Jurisdiction, I filled up blanks for the Quarter Sessions, and gave them to the Bailiff to be served. 502. — Were all the summonses so given to the Bailiff to be served on the Grand Jurors, for the Court of Quarttr Sessions instead of the Criminal Term of the Court ofKing^s Bench ? To the best of my knowledge they were all for the Quarter Sessions. 503.^ — Did you receive orders to summon the Members of the Grand Jury anew ? Tlie Sheriff gave me orders to do so, as soon as the error was discovered. 504. — Did you summon them all anew ? I believe I did. I know of no omission, and do not remember that I was ordered to omit any one. 505. — Was the List or Panel of the Grand Jury made and signed before you caused the Members of the Grand Jury to be summoned the first time ? The (Ill ) Minutes of Evidenc$, t.i lOih Jan. 1829. The List was made out by me, as usual, and given to the Sheriff for his «« ur jw ni approval, before the first summonses issued ; it was not at that time sig^ncd i '' _' !^ by the Sheriff. ^ --«r— 506. — Has it been cl>an [Adjourned until Monday next. Monday, ( 112) Minutes of Evidenct, Monday, IQth January 1829. Present : — Messrs. VigcVy Tlenetf^ Lcfchvre and Leslie^ Mr. Vigcr in the Cliair. Ordered, That the Chiilrman make a motion for causiniv* A. W. Cochran, Esquire, to come belbro the Committee, on Wednesday next, at 10 o'clock in til e forenoon. Ordered, That Dominick Daly, Esqr. Provincial Secretary, be request* ed to appear before the Committee ou the same day. Wednesday, l^tk January 1829. Present: — INIessrs. Vigcr, Neilson, Henry , Bourdages, Lefebvre, Leslie and Cuvillier, Mr. Viger in the chair. The Honorable Andrew William Cochran^ appeared, and was examined as ftllovvs : — A. W.Cochran, 517. — Have you bo< i Civil Secretary during^ the administration of Lord Escjr.' . Dalhousie, and for v hat length of time ? * ■ •' • V ' I have been so from the month of June 1822, till some time after the dfr. i4ih Jany . 1829. parture of Lord Dalhousie. 518. — You know that the Parliament of this Province passed a Bill of sup- ply in 1825, under the administration of Sir Francis Burton ? Yes. 519. — Have His Majesty's Ministers in England or the Minister of State for the Colonial Department, at any time signified their approbation or disapprobation on the subject of that Act, and in what manner V In answer to that question, I refer to the message of His Excellency the Earl of Dalhousie of the month of March I826,transiriitting a Despatch from Earl Bathurst on that subject; I mean to say that that message and the Des- patch connected with it are all the information that I think myself authorized to give on that subject, 520. — Has this Despatch been duly enregistered in the Office of the Civil Secretary of the Province ? I do not know M'hether it is so now : it was not when I left the office, but it was in the office. I believe it was by an oversight of some of the Clerks in the office that it was not enregistered ; because it was given out of my hands for the purpose of being enregistered a very long time before I left the office, so long that I do not remember when. 52 L .;ll ■w ^^ ( ns) Minutes of Evidence. 521.— Whose duty is it to rejfister such Despatches; and on whom doeg the responsibility of neglect, in that particular, rest ? It is the n;enerul duty of'thc second ussistunt iu the office; if he neglects his duty he is of course responsible for it. . — Are not the assistants in that office under the control and supervi- sion of the principal, i. e. the Civil Secretary ? They are. 522.— Has it come to your knowledge that His Majesty's Ministers have, upon new information, expressed different opinion from that expressed in the Despatch of the 4th June 1825, on the subject of that Bill ? I decline nswering any questions as to any opinions expressed or supposed to have been expressed by His Majesty's Mmisters to the Government of this Province ; unless so far as those opinions may have been already made public by til e Government. 523. — Have you any knowledge of a Despatch from the Secretary of State for the Colonial Department, relating to that of the 4th June 1825, dated the 30th September, of the same year ? I decline answering that question, not feeling myself at liberty to speak in any way with respect to any Despatches, except so far as is expressed iu my last answer. 524. — Have you at any time published, or caused to be published, in any of the newspapers of this City, any writing or paiagraph relating to the said Despatch of the thirtieth September 1825 ? Not of my own authority ; but I decline answering further any question on matters of State that relate to acts done by me or supposed to be done by me as the confidential Secretary of His Excellency the Governor in Chief. 525. — Have you in fact published or caused to be published any such wri- ting or pai'ugraph, and under what authority ? I refer to my last answer. 526. — The twenty third number of the fourth volume of the Quebec Ga- zette, pubHshed by authority, dated 15th March one thousand eight hundred and twenty seven, being exhibited to the witness, he is requested to say whether he knows the author of the article inserted at page two hundred and fourteen, in the first and second volumes, relating to the Despatches of the fourth June and thirtieth September one thousand eight and twenty five, which article is as follows : — ^. fF. Cochran, Esq. 14lhJtny. 18S9. " Report of the Committee of the Assembly of Lower Canada on His Excel- " lency the Earl of Dalhousie, refusing to communicate the Despatch on " the financial difficuUttes of the Province, and exonerating Sir Francis " Burton, from blame in assenting to the Bill of Supply in 1825." — Mr. Neilson^s Gazette. In this short and apparently unstudied sentence, containing merely the ^-„- epresentiition .„ ...^xv,....^.... , — - miuor object to comment upon the subject of the Report itself. P The U 1 n M-- ^ t 1 i ' ! : ( 114 ) Minutes vf Ju'Uience. « <( fv; ' * The Uesolutions to which tlie Assembly have pledgee! thomsclves, In re- j#. W^- CorAraM.fusiijnr the supply, uio ousily understood, lint another resolution has been ^^ y^'^- added to them, so litth? connected with the suliject, that it is dilHcnlt to ima- 14i"hj"^" iHoo'p"*^^""'*' jfot there: to the pnblic it must be quite unlnteliiffible.— Itrepnds jany. -». ^.^^ i^rj^t-i^ Burton, not the linances of the country : it rej^ards a censure on liim, not the 8nmot\t'180;j overdrawn by him, and in vain reconunended by Earl Bathurst to bo allowed in the Public Accountti as a{>;raut luado to him by the Provincial Lef»iHlature. As the Report, in which the Assembly by this Resolution concur, is before the public, and as it contains assumptions and assertions not ouly unsupport- ed by any known facts, but at variance with those which have come to our knowledge, we think it well to inform the public very coucisoly ou this sub- ject, and we do so on the best authority. On closing the Session of 1825, SirFrancis Burton reported to Earl Batii- urst its happy termination in the followinjf words : " It is with infinite sa- tisfaction 1 acquaint your Lordship that the differences which have so loiijr " subsisted between tne Leg-islative bodies on financial matters have boeu *' amicably settled ; and by the inclosed bill, your Lordship will see that the " Assembly have decidedly acknowled^red the rig'htsof the Crown tc dispose " of the revenue arisinjf out of the I4th Oeo. IIL aiul ceitain others, the *' produce of which is already appropriated by law ; and that henceforth it will only be necessary to apply to the Assembly for such aid as may be ne- cessary to make up the dehcieucies of the Revenues above mentioned to defray the expenses of the Civil Government and Administration of Justice." Let any man compare the expressions above quoted with the Resolutions adopted by the Assembly on the 21st March 1826, declarin<>- that they "do " formally reject the propositions that the Revenue applicable to the pay- " ment of the expenses of the Civil Government and tne Administration of " Justice may legally be distributed by any other authority than that of " the Lei/islature ;" and that they adhere to their former resolutions, ''ia " so far as they are opposed to the exclusive application of any part of thepub- " lie revenue to particular services without the consent of the House :" — and it will be seen what was the real worth of the "reconciliation" of which so much is still said. But Lord Bathurst viewed the result of that Session, and the Bill itself, very differently. After havings had it under consideration for some weeks, he expressed his sentiments upon it in his Despatch of the 4th June, which is already before the puLiic. On the 25th Julv, Sir Francis Burton justified his conduct by a Despatch of which no coi)y has been recorded, and m hich of course remains yet as a private letter. On the 30th September, Lord Bath- urst answered it, accepted the justitication on the plea of the want of those instructions, for the violation of which Sir Francis Burton was censured; and therefore recalled that personal and particular censure. But that letter, As din'ce explained, did not cancel the instructions of the 4th June, nor did it at all relate to the Supply Bill. This is the Despatch respectinjf which the Assembly have exhibited so much curiosity. This is the Despatch respecting which the Assembly (assuming withoutthe slightest foundation that it " contained the sentiments of His Ma* jesty's Government relative to th« Supply Bill") have declajed that without haviujf II,-;, t- 1 ^ 115 ) ons, ''ill haviujf Minutes uf JJcitltntr. having' coramuiiioatlQii of it they cnnnot proceed to make a errant to His Ma- jesty. ^- ff\S"'^'''''»> VVhen the Governor in Cliief hild the Despatch of 4th June before the Le-,^ . ''"' _j oislaturo, the Assembly aefor« the House of Assembly the estimates of the year, which j \ y , IS ii_ 11; ( 116) Minutes of Eoidence. which arc framed in accordance with the principle* of the Despatch of Jimp, E ""'a'ld with thoMon which tlio estimates in 1822, i85J3, and lH2i were fratiiod. *. ^^' f It 18, indeed, matter for surprise that the ANsenildv, in the inteuNity of 14th Jany. l829.thoir desire to discovertho ** sentimentsof His MiijcHty's Government," slumld have confined themselves to an inquiry for the Despatch of September 1 8^5, and should exhibit no anxiety to be informed oftlin more recent instructions, of the existence of which the^ were apprised. This forbearance, however, may furuisli some clue to their motives inappendinj^ their Kesolution to tlio Report we have been commentiiiff upon, to their proccedinj^s on the supply. They appear to be in search of a pretext, and they have pone far to find one, which renders thorn unworthy of the confidence of the Uovernmentorof the Country. I refer to my answer to the 524th question. 627. — Have you at any time written, published, or caused to be Mrittenand Euhlished, any anonymous writing or parajj^ruph in any Gazette, and thut ai lOrd Dalhousie's confidential Secretary ? I decline answering that question altog-ether. .528. — Have you a knowledge that an address to the Kinpf from the TiOjris- lative Houses of Upper Canada, relating- to the linancn'al difficulties between that Province and that of Lower Canada, was presont(>d in 1822 ? I have a general official knowledg^c of it ; I think it was in 1822, before 1 came in the office, 529.— >Va8 this address transmitted to the Governor of Lower Canada by Sir Pere<|frine Maitland, Lieutenant Governor of Upper Canada ? I believe it was. 530. — Can you say at what time ? I cannot at this distance of time, nor can I now ascertain. 631.— Who held the oflfice of Secretaiy to the Governor of Lower Canada, at the beginninn^ of 1822 ? The Honorable Colonel Ready. 532. — Is he now absent from the Province ? He is now Lieutenant Governor of Prince Edward's Island. 533. — Had you a Commission as Civil Secretary to the Governor in Chief? No; the Civil Secretary never has a Commission; he is the private officer or servant of the Governor, and responsible to him alone, except so far ai particular Statutes of the Province may have occasionally imposed duties up- on him. 534. — Does he take an oath of office ? No. 535. — By whom is he paid ? By the King. 636. — Out of what monies is he paid ? Out of the monies levied in the Province. 637. — How is he paid ? By warrant on the Receiver General of the Province, under the authority of His Majesty. 538. — Under what authority are his duties determined and his office regu- lated? By the will and pleasure of the Governor for the time being. S39. — Can you state at what time the office of Civil Secretary was estab- lished? . -^ I ( JI7 ) Minutet of J^videnee. } raiinot: I bolii'vn it has(«xiNtr tim ad-,,T'7"*'^ "* „ ininistration of ^^il' John (!oa|»ti Slit>rl)nM>Uo ; the diMiomination of Civil 8u- cictary existed at tin* tiino I canio in tlio I'rovinio, sixtfun years ayo; how lon'^ butoro 1 cannot say. .Otl. — IIo>v ivas it raisi'd and to what arnonnt ? It M'as raised from two hnndred to live linndred pounds, npoti a nios.sa^^o from the dlovernorto the Assembly, included in the vote of lUlH undcoveriid by the Law of IH 19. 542. — What do you understand when you speak of cotifulcntial Secretarj/ to the Ciovernor, and mnttirs of Sintc. '^ What I mean by eontidential Secretary, is that a confidence is reposed in him which he is not to betray ; asto matters of State, 1 draw a (listinvernor's wishes respecting it. 557. — Were his wishes made known to you, how and when ? I cannot g;ive the date more particularly than I have done already, hut I became acquainted with his wishes regarding it from a letter whicii I receive 1 from him on the day I delivered the Despatch to Mr. ( ochran, expressing a hope that the Despatch in question had been recorded in the ( ivil Secretary's Office. V\ ithln an hour after the receipt of that letter, I handed the Des- patch to Mr. Secretary Cochran. 558. — Did you shew this letter of Sir F. Burton's to the Governor in Chief '« Secretary wlien you delivered to him the Despatch to which it referred ? I did at the time state my reasons for detaining and delivering^ the Despatch as above, 659, ( 119 , Minutes of Evidence. 559. — Have you a Icnowledg-e that any writing or paragraph on the subject T)- Daly, Esqr. of the Despatch mentioned by you, and in winch you were concerned, was* -v- * publ'«hed in March 1S27, in the Quebec (iazette ? l^'h Jan. 1829. I do remember an article in whicli my name was made use oi', appearinnr in the Quebec (lazette published by authority, on the subject of these Despatches, in March 1827. 560... .Beinof concerned in that writinjf or paragraph, did you think it ne- cessary to enquire wiio was its author, and didj^ou ascertain who he was ? I did call upon the Editor, who after havinjr stated that he had reluctantly used ray name, mentioned Mr. Cochran as theanthorof the article. 561.. ..Did lie offer to shew you the manuscript ? He did offer to shew it to me, which I did not consider necessary. John Charlton Fisher ^ Esquire, was then called in, and examined : 562.... Are you the Editor of the Quebec Gi ^tte pubU'ihed by authority, and since when ? J, C. Fisher ^ Yes, since the 23d October 1823. Esqr, 563.. ..When you receive any anonymous paragraph or \mtinor of some im-* — portauce, are you in the habit of enquiring the name of its author, previous to its insertion in the Gazette of which you are the Editor '? I believe I know the authorof every article of importance, published in the Gazette. 56±.... The twenty third number of the fourth volume of the Quebec Ga- zette published by authority, dated tifteenth March one thousand eight hun- dred and twenty seven, being exhibited to the M'itness, he is requested to say whether he knows the author of the article inserted at page two hundred and fourteen, in the first andsecond columns, relating to the Despatches of the 4th June and thirtieth September 1825 ? I do know the author. 565.... Who is the author of that writing ? This article was principally drawn up by me from notes furnished to me by Andrew Wra. Cochran, Esquire. 566... .Did he deliver these notes to you himself, or did he transmit them to you ? These notes were given to ipe by Mr. Cochran himself. 567... .Was Andrew William Cochran then Secretary to the Governor? He was. 568.... Have you received any injunctions from him to keep the secret on the subject of these notes ? Certainly not. 569... .Did you consider on this occasion that he acted in an official capacity ? I could not with propriety refose any communications furnished by Mr. Cochran, and I think in this instance he was acting in his official capacity of Scretary to the Go»'ernor, and 1 thought myself bound to publish it. 370....Was ti: article drawn from these notes communicated to Mr. Coch- ran before its publication ? To the best of my recollection he never saw it until he saw it in print. 57 L... Had these notes an express reference to the iwo Despatch«sof the fourth June and thirtieth September 1825 ? Yes. Th« f: 1 I! ii 1 1 p^w ( 120 ) Minutes of Evidence. J r Fisher '^^^^ Clerk tlion dolivored to the Chairman certain documents which lie hait Esquiie. * I'eceived from John Delislo, Esquire, whicjli the latter addressed to hiui in -» conformity to the requisition of the Coniniitteo. (For the said documents, see •-v— ]4tbJan. 1829. Appendix G.) [Adjourned to the call of the Ghair. -?;• Lovix Guy, Esqr. I6lh J^»' 1829. Friday, l67^ January 1829. Present : — M:rsrs. Vigcry Henerjy Lefebm'Cy Leslie^ Cumlliery and Bour dages, Mr. Viger in the Cliair. Louis Guy^ of Montreal, Esquire, appeared, and being- desired to ex- Idain to the Committee the reasons which had caused his delay in appearing', le answered : It was impossible for me to appear before the Committee, because it was only on the tifth of the present mouth, about one o'clock in the afternoon, that I received the letter from the clerk of the Committee, dated the 30th December last, and requiring- me to appear on the 5th instant. It was not in mv power to leave Montreal before the ninth instant, and I arrived at Quebec only on the evening of the eleventh. He was afterwards examined as follows : 572. — Do you reside at Montreal — and since what time have you so re- sided ? I was bom there, andhave always resided there. 573. — Are you one of the Magistrates at Montreal, and how long have you been so ? I am one of the Magistrates of Montreal, and have been so for more than 20 years. 574. — At what time did the last Commission of the Peace for the District of Montreal issue ? I believe it was in March last. 575. — Did this Commission operate many changfes in comparison with the preceding one ? it did operate many changes, since many Magistrates were dismissed frcra office, and a great number of new names inserted in the Commission. 576. — Was it notorious that the dismissal of the greater number of the Mag-istrates whose names were omitted in the last Commission, was owing to their political opinions ? The public generally though '^ so, and such was my own opinion. 577.- ( 121 ) LoitU Gupt £8qr. Minutes of Evidence. 67f.— Were not some of the Justices of the Peace at Montreal clisittissed i!rom office for some particular reason, in addition to the genenU cause as- signed above? t _j Four of the Magistrates of Montreal, viz. IMessrs Mondelet, Henev, L»-i6ih Jan. 1829. tocque and Baron, were dismissed : I sincerely believe they were so dismiss <(ed upon a complaint made against them by Mr. Gade, (the Chairman of the Quarter Sessions) and several other Magistrates, to the Earl of Dal- housie (their Governor in Chief,) on account of their having signed a certaan Order oi supersedeas. 578. — Did the Magistrates by wh'orai this reference to the Govcmoi' ia Chief was made, take any steps for obtaining thejudignient of the ordinary tribunals with regard to the legality or illegality of the said supersedeas ? I sincerely believe that the Magistrates to6k no measures for obtaining the judgment of the ordinary tribunals with respect to the legality or ilb* gality of the said supersedeas ; and what leads me to believe this, is, that Mr. Boucherville and myself proposed to the meeting at which this complaint was resolved on, to refer the whole to one of the Sup^erior Coini» for the sake of obtaining a decision with respect to the legality or illegality of the said superse* deas; or if they thought it better, to place all the papers relating to thiti busi* nessinthe hands of the Solicitor General, in order that he might institute any prosecution he mi^ht think expedient ; but the majority of the meeting tame to n. contrary decision. 579. — Is it not true that the business has remained in tiie same state ever since ; and that the whole terminated in the dismissal of the four Magistrates who signed the supersedeas ? Yes. 580. — Is it your opinion that the Justices of the Peace do possess thei rigfht of granting a supersedeas in certain cases ; or do yOu think that y6ur fellow Magistrates who signed the supersedeas committed an illegal act ? I believe that the Magistrates have the right of granting orders of mpersc' deas in certain casei^; for exanbple, I believe that a Magistrate who has bj mistake issued an order, which he afterwards becomes convinced was illegal, and contrary to Law, has and ought to have the power of issuing a supersedeas of that order ; and even that where several Magistrates have issued on ill^ral order» on one of them acting alone, can grant a supersedeas of su^.^ order, and I sincerely believe that the Magistrates who signed the supersedeas in question did no more than their duty in signing it, if they were convinced that the order suspended by the supersedeas was illegal. 581. — Have you had opportunities of consulting any persons versed in the science of the law on the subject of the said supersedeas, and if you have, ivhat was their answer ? Before the said supetsedeas was issued, I consulted two of the oldest ad- vocates in Montreal, as to whether a Matijistrate who had been induced by error or surprise to issue an illegal order, could order the execution thereof to be staid until the decision of a Superior Court as to its illegality could be had, and as to the steps to be taken by the Magistrate in such a case i the two advocates agreed in saying, that in such a case the Magistrate had a right to issue an order oi supersedeas to suspend the execution of the formed order, until a Superior Court should have made an order to the contrary. Q 682/— ' i Hi: it ^ 1 !' ! . Louis Guy, ' Esquire. 16ih Jan. m ( 122 ) Minutes of Evidence. 582. — Are you not of opinion, that tlio object of tlie reference made to the Governor on this business, was the dismissal from office of the four Mjw __ gistrates who had sig^ned it V ' ISM* ^ believe that the principal object Mr. Gale had in view, in causinn^ the business of the 5M;7er«erfeas to be referred to the Governor in Chief, was to effect the dismissal of the four Ma^fistrates who had sijj^ned the supersedeas, without aflTordingf them an opportunity of clearing themselves in a legal man- ner, from the imputations cast on them in the resolutions proposed by Mi-. Gale, and approved by the majority of the Magistrates. 583. — Is it not true, that this dismissal, under the circumstances of the case, might be looked upon as a lesson to the other Justices of the Peace, and as a warning to them not to oppose the views of the Chairman of the Quarter Sessions in future ? Yes — I believed at the time, and I still believe that such were Mr. Gale's views ; and it is within my knowled"^e t hat several Magistrates entertained the 8am« belief : I may even add, that the proceeding had the effect of in- timidating one of the Magistrates to sueh a degree, that he told me, that considering himself no longer free, he should attend less frequently at the meetings of the Magistrates, for fear of losing a profitable situation which he held under Government ; and in fact since that time he has rarely at- tended the meetings of the Magistrates. 584. — ^Didnotthe Chairman of the Qnartet Sessions make some observa- tions relating to the peculiar duties of his office, in a discussion which took place on the subject of the supersedeas ? I remember that Mr. Gale said at the meeting, that he had a very painful duty to perform; but that he thought he was bound by his oath to re« port to the Governor every thing that might take place at the meeting, with the names of the Magistrates who might Vote for or against it. I re- marked to Mr. Gale, that I hoped he would keep his promise, and mention my name to His Excellencyj as that of one of those who were opposed to it. 585. — Is it not true that some of the Magistrates appointed by the last Commission have no property whatever, that they are therefore without responsibility, and that this circumstance was known at the time the Com- mission was issued ? I believe there are several ot ^his description. 586.— Can you name them ? They are, Messrs. Garden, Auldjo, McKenzie and Turner ; with regard to Messrs. Pardy, Napier andByng, t do n6t know whether they are posses- sed of any real property : I know of none held by them. 587. — Have the creation of the office of Chairman of the Quarter Ses- sions, and the establishment of the Police Office at Montreal, been ad- vantageous to the public ; and have they tended to raise the body of the Magistrates in public estimation ? The creation of the office of Chairman of the Quarter Sessions has not been productive of that advantage to the public, which they had a right ■■ 7 expect from it, neither has it contributed to raise the Magisterial body in the estimation of the public. As regards the establishment of the Police Office, the general opinion is that it has produced more mischief than ad- vantage. ^<: mm >.i; \ 123 ) Minutes of Evidence. vantage, by concentrating in the person of the Chairman, or in the Chair- • . ->; men, the control of the whole Police of Montreal, which by law is entrusted '"Esqr."'''' to the body of the Magistrates. » yi-.!-.-^ 588. — Do the Magistrates at Montreal in general enjoy the confidence ofi6th Jan. 1829. the public? I ao not think that the body of the Magistrates enjoy the confidence of the public, especially since the issuing of the last Commission of the Peace for the District of M!ontreal. 589. — To what can this want of confidence, particularly since the period alluded to, be attributed ? Accordinu^ to the public opinion, it is principally to be attributed to the influence which Mr. Gale has acquired over the majority of the Magistrates at Montreal ; and this influence is so great, that it is generally believed he . ■ - can carry any measure which he has in view. 590.— r Are the Justices of the Peace at Montreal accountable for the pub- lic monies of the City ; and to whom ? During the twenty years that I have been one of the Justices of the Peace at Montreal, I do not know that they have rendered any account, or that any account has been required of them by any competent authority, I be- lieve, however, that they are accountable for the public monies, either to Jlis Majesty's Government in this Province, or to the Lords of the Treasury in England. 591. — Are not the Justices of the Peace bound by law to meet once a month, and at such meetings to make out a statement of the work necessary to be done in the Town or City ; and to appoint a Committee from among tlicmselves to see such work performed ? Yes. 592.— Has the law been fulfilled in this particular, during the last year ? No. 593. — Who are the Justices of the Peace composing the said Committee ? I was informed by the Road Surveyor that I had been appointed in con- junction with Messrs Molson and Grifiin ; but I withdrew about the month of July last. 594. — What were your reasons for withdrawiiig from the said Committee ? I had several reasons for withdrawing : 1st. Because the performance of the work had not been ordered by the Magistrates in the manner prescribed by the law : the Magistrates having been satisfied with drawing up, at a general meeting, a statement of the work to be done, and leaving it in the power of the members of tho Com- mittee to cause the same to te performed in the order they should deem advisable ; by which means the members of the Committee were left open to the remarks and censuye of the public. 2ndly. Because the two Magistrates, who, with myself composed the said Committee, manifested a determined intention of causing the work ordered on the streets which lead to their own property, and to mine, a".d in the repairing of which streets they as well as myself, had a personal interest, to be first performed ; instead of that ordered on other streets which stood in greater need of repair ; the expense of the said works to the Town, estimated at the mmqf 1000/,or 1200/. Tliis determination appeared to me to be so much the more i } » .^■'' ( 1^4 ) Minutes of Evidence, Tjtuia G '"'^^ ^ti^just, in«AO.Hch as by the act «stabli8hinfir a Turnpike 0a the La^ ^^^y* chine roaud, the Town was only hound to pay 25/. per annum, towards the ' ikeepingfup of cue of the said streets, viz. St. Joseph street, from the Town l«4bJaay.l8S9.to the boundary of the Citpr; and that it was probable that the said act would be revived by the Lemslature, and that it was likely it would cost the Town at least 600/. to pul this street in a state of repair. It was not, how- «ver, until after I had received information that the said work had been be* ffun, that I determined to M'ithdraw from the Committee, and I then did so, ^cause I did not wish it to be supposed that I I)ad any share in directing the execution of work lyhich was less urg^ently necessary for my own per? foiial advantagep J. C. Fitheri Esquire. .' ■■«i- John Ohcfrfton Fishery Esquire^ was a^n called in and examined : I 595.-^Have you at different times received from Mr. Secretary Cochran, notes or writings of the same kind as those you spoke of in your former ex> amination ? Not more than five or six times during the four years I have been Editor of the Gazette. I do not know ivhat might happen during the year 1 was absent from the Province. 696. — Was this principally since the prorogation of the Legislature ia March 1827? I think that it was principally since November 1826. 597. — Who was Editor of the Quebec Official Gaz«cte during your ab- sence from the Province ? Mr. William Keipble acted in my name as Editor of said Gazette, from November 1825 to November 1826. D. Daly, Esqr. Dominick Daly, Esquire, was again called in, and examined as follows : ^"'" 598. — Can you now say what was the precise day on which you handed the Despatch of the 30th September 1825, (of which you have spoken in your preceding answers) to Mr. Secretary Cochran ? Having since that time referred to documents in my possession, I find that the 23d January 1826, yt9& the day on which I handed the Despatch in ques- lioD to Mr. Cochran. [Adjourned to ^he call of the Chair.J mm Saturday t VI th January X8S9. PRESB^T :— Messrs. VigeTy Heney, CwUlier^ ficfebvre and Bour^ges. |lr. Ft^er iAthjB^IuMr* ( 125 ) id as foUoivs : Louis Guyt £~-Ts itnotfme that by the last Commission of the Peace for the District of Montreal, there remain only six Canadian Ml^strates for the Townandf City of Montreal? Yes. 624. — Do yon believe that it would not have been possible to find a greater number of persons fit to hold this office, among the Canadians in the Town andCityofMlontreal? rbelleve- that a greatei^ number might have been found; audi will even add, that Mr. Ross, the Chairman of the Quarter Sessions, when a wish that several Canadian Ma^strates sHonld be appointed was expressed to him, told me that he hoped I would have the gooaness to giVe him a list of the Canadians best qualified to become Magistrates. I at first refused, for pri' yatereasons ; however, on the following day, I told him that I could give alist, and^n-fiict gave him one, two Or three days afterwards, containing the names of twelve or fifteen very respectable persons* He then told me, that. if he was a^h spoken to with regard to this plan, he would avail himself of my list: He proposed that I should insert in it the names of three or four young gentlemen of Montreal; to which I objected, telling him that I thought the public would be dissatisfied' with it, while thierc remained older persons to be appointed ; and I sincerely believe that I cOuldhave furnished nim with a much more numerous list. 625. — Can yon- say what' effect this omission has produced on the opinions of the small number of Canadian Magistrates, who were continued in office in the Town and City of Montreal ? They all appeared to me dissatisfied : and three of them (of whom lam «ne) said they wbuld i^itbdraw from the Commission, if things remained in thif m ( 183 ) Mimtet of Evidence. the state in which they then were. 80 much digaatisfactidd did this pro- *. iuce : besides that, the three Maffistrates in queHtion have almoat entirely v P"^* withdrawn from public business since that time. i ^">"'''*' ^ I9lh Jan. 1829. H. Tuesday, ^Olh January 1829. Present .'—Messrs. Viger, Lefchvre, Leslie^ Heney, Cuvillier, Neilaoii and Bourdages. Mr. Viger in the Chair, The Chairman reported to the Committee that in conformity with the order of the Committee of the 17th instant, he mov<5din the House, tliatan liiirable Address should be presented to His Excellency the Administrator of the Govornraent, prayinjf His Excellency to be pleased to lay before the House, a copy of the Des})atch from the Secretary of State for the Colonial Department, to Sir Francis Burton, Lieutenant Governor of this Province, dated the 30th September 1825, .and havin<]f reference to another Despatch of the 4th of June of the same year: That the said Address having been presented to His Excellency yester Daly, fsqr. 626.— You said in your former examination, that you handed to the Civib-^ — - ^v- • ' ••-^ Secretary, in January 1826, a Despatch of the 30th September preceding, 20ih Jan. 1G29. addressed to Sir Francis Burton : did you keep a copy cf this Despatch ? I did not. 627. — Have you since that time had occasion to have a copy of that docu- ment in your possession ? 628. — Have you it now in your possession ? A copy ofthis Despatch having been sent me by Sir Francis Burton, after his arrival in London, where a duplicate of this l-espatch had been furpished him at the Colonial Office, I have it in my possession. 629. — Is this copy a correct copy of the Despatch you handed to the Civil Secretary, or have you any reason to doubt its exattness ? As 1 handed over the original of the Dospati;h b«>fore the receipt of the copy, I cannot say that they are verbalim aiiXi^ \ buti recn withdrew, and returning shortly afterwards, handed to the Committee a copy of the Despatch for which he had been asked,) whicb is as follows : \^% " Downi;i(^' Street, ** 30th September 1825. « Sir, « I have the honor to acknowledge the receipt of your Letter of the 25th July, in which you enter into a detail of the circumstances which indu- ced you to assent to the Act of appropriation, notwithstanding the omission of some anpointments which had received the previous sanction of His Majesty, and had long formed part of the Civil Establishment of Lower Canada. '* As my Despatch of the 4th June was written to you under the impres- sion that you were in possession of all the correspondence with my Depart- ment, and more particularly of my instructions to Sir John Sherbrooke, and the Earl of Dalhousie, with re^fard to the provision to be made by tlic House of Assembly for the Civil List, you wilt consider that Despatch as withdrawn, being inapplicable under tne explained circumstances of the case ; and 1 have to limit the expression of mv regret, with respect to tlie measures which you have adopted to the single point of your having carried into effect an arrangement or so delicate and important a nature, without previous communication to His Slajesty's Government. " I have the honor to bej •* Sir, " Your most obedient • " humble servant, (Signed) " BAXHURst." " The Honorable « Sir Francis Burton."^ Thursday, ( 191 ) Minutes of Evidenc*. Thursday, 2Qnd Tanuary IS^O* Pbbsent:— Mewrs. Viger, Henej/t Bourdaffes mi Lefebvre. Mr. Viffer in the Cliair. Ordered, That the Reverend Mr. Kellt/, Cwrate of Sorel, and Mr. Jean Crehassa of thesamepUce, he required to appear before this Committee, on Weduesday next, the 28th instant, [Adjourned to the call of the Chair.] Saturday, 24ith January, 1829. Pretent: — Messrs. Viger, Heney, Lefebvre, Neihon, Cuvillier and Leslie, Mr. Viger in the Chair. - • Amable Berthelot^ Esquire, was affain called before the Committee, and examined as follows : A. Berth': £sqr. 631. — Do you know how far back the establishment of the Quebec Gazette,^... -T^" " now published by Mr. Samuel Neilson, may be dated i> '**" Jan, i The first number of this Gazette appeared on the 27th June 1764. I have gone through the series of it from that date up to the present year, for the purpose of taking notes from it, relative to the History of this Coun- try. There has been no interruption in the publication of this Gazette, except Ist. from the 31st October 1765 to the 29th of May 1 766, on ac- count of the subscribers being unwilling to pay the Stamp Duty imposed by the Act of the Parliament of Great Britain, by whom it was imposed : 2ndly. From the 3d. November 1775 to the 8th August 1776, on account of the Siege of Quebec, at the time of the American Invasion. 632. — What opinion have you been able to form of this Gazette ? It is the most interesting monument with which I am acquainted, of the History of Canada since the conquest. 633. — In what manner has this Gazette been conducted ? ' ^ I consider that this Gazette has been conducted with the greatest prudence, U)d the utmost wisdom and impartiality* ^ , Jacguek ')■' 24th Jan. 1S29 ( 13a ) MintiM t{f Evident*. Jacques Viger^ E^quirei was th«L ealled in again, and examined as fol. lows: — J Yiger llsqr. ^^^' — Were j^dii Otoe of the Grand JuTors ^tending the Court of King's vi l^ Z^ Bench for the Distnc* of Montreal, for criminal matters, in September 1828? I was one of the Grand Jurors att'^iiding the jaid Court. 633. — Aioongthe bills of indictn. it preferred to the Grand Jury attending the said Court, waif there one against a man of the name of Joseph Brazeau, and others, for committing a Hot, by knocking down one or more May T'oles? On ti.e first day of the Court a bill of indictment w^as preferred to ug, against Joseph Brazeau, the younger, Jean Olivier, and others, whose names I do notre(;ollect; it was for aiu't, and for having cut and knocked dowua May Pole. 636. — Was this bill thrown out by tbe Grand Jury ? Yos ; it was thrown out. 637. — Was another bill of indictmet of the same nature, for the same of- fence and togainst the same persons^ preferred to you during the same term? Yes ; and 1 believe that it v. as on the 51h of the sai. } month, that this ^c- cond bill of indictment for the oame offence and against the same persons, vas preferred to us. 638— Was an/ one new witness produced when the bill was preferred a fiecond time to the Grand Jury ? No, [Adjourned until Monday next. Monday^ ^6th January 1829. Present :— Messrs. Viger, Heney^ Cuvillier^ Leslie and Bourdages, Mr. Viger in the Chair. Jean Joseph Giroward^ Esquire, appeared, and was examined as foL lows ; — J. J. Girouardt 6^9.— What Is youf place of nesldeiice and quality ? . . Esqr. I live at St. Benoit, m the County of York, and exercise the profession oj ^— -v' —•' Notary there. S6tb Jany. 1829. 640.— Are yOtt an Officer of Militia, and what is your rank F I was Captain of a Company of Militia in the first battalion of the County of York> under the command of Lieutenant Colonel Dumont. 641.— Are you not one of the Officers of the first battalion of the County of York, who, in the course of last winter, returned their Commissions to Lieutenant Colonel Dumont P 1 was a Captain in the first battalion of the County of York, and am one of the Offic«rs ^yho returned their Comnissions to Lieutenant Cclonel Du^ mont, 6*2- ned as fol. ; of King's mberl828? y attendinof Kh Brazeau, lavP'oles? rrcd to ug, hose names ced down a he same of< same term ? that this !io> )ersons, was preferred a day next, 1829. 'dages, led as fol. rofes^ion of ( 133 ) Mimteg of Evidence. 64-2»— What reaaont liad you to induce you to throw up your Commis- sion? * ' ^ ^. I made these reasons known to Lieutenant Colonel Dumont as several ,;, ^"^'' "'"■''• other Officers also did, when they sent him lack their Commissions, by let-v— -1"'"'1!L^ ters which they addressed to him in the month of January 1828. Mr. Du-26th jIT 1829 mont's conduct and measures had evidently no other object than that of nia- ' king the authority with which he was invested as commanding the first batta- lion of the Ccnnty of York, subservient to the views of the then administra- tion, of employing the arm of the Executive to avenffo his pretended and pri- vate injuries; or of rewarding his partisans and punishing those who had been against him at the two last elections. When I threw up my Commission he had already caused a great number of Officers, all citizens ot the highest resfpectabil-'^v, and possessing the esteem and confidence of their fellow countrymen, to ue deprived of theirs ; he had put in their places Officers for the most part unqualified, young men and others, without property, without education, or without character, persons who had no other title to this honor, and to the protection of Lieutenant Col- onel Dumont, that the part they had taken in las favor at the last election. I was disgusted at serving under a man who denounced and persecuted all who were unwilling to abandon the cause of their fellow countrvmen. 643.— Have many Officei-s of Militia been dismissed in the County of York since the beginning of 1827 ? The greatest number were deprived of their Commissions by the General Or- der of Militia of 12th July 1827; since that time there have been divers dis- misBcds by several General Orders, but the number has been less. Lieutenant Colonel Dumont has also granted several permissions to retire, which maybe considered as dismissals. fi4<4. — Have not similar reasons likewise prevented the promotion of certain Officers in your battalion ? Yes; i produce in support of my opinion a letter fvc"^ Lieutenant Colonel Dumont, which is as follows : St. Eustache, 294h July 1828. My Dear Sir, " Lieutenant Colonel De Dellefeuillev-ame to day to complete the organi- zation of my battalion, and as I told you, I recommended you as iVLijor. This broi;iwht on the scene ; Mr. Eug. Globensky said, that Mr. Smith did not deserve that place, since the Governor had dismissed Officers for having signed papers against him ; that Smith was worse, for he had commanded MilHia men to meet at Rochon's to sign the petition against the Governor — a petition the most scandalous; that he himself hud signed that petition. Gentlemen, I answered, I liave done wy duty in naming Mr. Smith as Ma- jor; I will not make coriiulaints against him on hearsay. V on know it, said they. No, much is saia, where is the proof; do your duty, I v.'ill do mine. Well, we will, therdbrsyon make them reach His Excellency. I will transmit ! U I ii ^ 13* ) Minutes of Evidsnce. transmit them, provided they be respectful. I irorn you of ell, thi^t you J. J. Cirouurd, may ward of the blow. Esq. v.— —v ' " Your Friend, 26th Jany. 1829. (Signod,) L, DUMONT," « Wm. Smith, St. Eustachc 1, Esqr. } che. ) 645. — Was Mr. Smith afterwards appointed Major? No, it was Mr. Eugene Glohensky who was appointed Major. 046,^- Was it not notorions the greater part of tne Militia Officers of your County were dismissed, not for haTin|r neglected the performance of their duty nssuch ()fficere,but for having taken part in the public affairs of the Country, and for having participated in the measures publicly adopted in the County, and the object of which was to bring before the King and His Parliament the I plaints of the Country, against Lord Dalhousie^ administration ? comi Yes; and the general order of Militia, of the 12th July 1827, proves it. I produce this order as annexed to a letter addressed to Mr. Dumont, signed " Robt. Armour,'' the whole as posted up at the door of the Church at the Parish of St. Eustaciie, in the County of X ork, as I was then informed. Lieutenant Colonel Dumont. Montreal,- Sir, Office of (he Montreal Official Gazette, 1 1 o'clock, Saturday. I have only time to announr e to you the arrival of the Steam Boat Cham- bly, which brings the following piece of good news : C « Office of the Adjutant General of Militia, I Quebec, 12th July 1827. " General Order of Militia, *' Tlie Adjutant General of Militia is commanded to convey to Lieutenant Colonel Ihimont, of the first battalion of the County of York, the thanks of the Governor in Chief, for the notice he has taken, and the report which he has with great propriety made, of the conduct of certain Officers under his command, in encouraging and taking part in public meetings, tending to ex- cite the people to discontent. This ii>stance of his loyal and faithful perfor- mance of his duty to his King and Country, merits the entire ap^.robation of His Excellency. " The Officers hereafter named are hereby notified that the Governor in Chief, by virtue of the powers vested in him as His Majesty's Representative, hereby cancels all the Commissions they held as Officers of Mihtia, and he directs those persons individually be enrolled as private Militiamen. Lieutenant ■I ( 135 ) thstt you »NT,'' s of your their duty ) Country, > County, lament the n? [)ves it. I nt, Hignei irch at the rmed. jieutenaut ) thanks of , which he inder his ling to ex- Iful perfor- ^^.robation )vemor in ^sentative, and he leutenant Minutes of Evidence. Lieutenant Colonel Dumont will immediately fecommend Officers in the , . ^, . racancies so made. " " ^ First Battalion County of York Militia, Names of the Officers whose Commissions are cancelled. 26(h Jan. 1829.- Major Isrnace Raizenne, Captains Louii Dumouchelle, J. B. Pumoiichelle, Jacob Barcelo, J. Bte. Fere, A. Berthelot, Joseph Hetier, Lieutenant, Wm. Scott, Dr. Jacques Labrie, (formerly Surg-eon in the embodied Militia.) By order of His Excellency the Governor General and Commander in Chief. V. Vassal de MoNvIel, Ajt. Genii M. F* I remain in great haste, yours, ^c.^ Robert Armour, Junr. (This order was posted on the Church door by Lieut. Col. Dumont.) (" -What public meetings were those to which the general order of Mi-f ";■ (, , ■, i have just spoken of^ alluded ? 1 he general order alludes to the constitutional meeting which took place? at St. Eustache in the County of York on the 4th June 1827, at which meet- ing; Resolutions were adopted, tending to concur with the other Counties of the Province, in the measure to be takcm for laying the complaints of the peo- ple before the Imperial Parliament. 648. — Had this meeting, in your opinion, any tendency to create troubles, or to excite discontent in the Province ? Far from it. Its sole object was to reclaim, in a legal and constitutional manner, the rights of free English subjects; and to complain to the King and His Parliament of divers acts of the Colonial administration. I'he public conduct of th« two Repi ^^sentatives of the said County of York, Messrs. Du* montand Simpson, was also there discussed. 649. — Did nM Colonel Dumont make these p olic meetings a pretext for causing a gre < i.r.imber of Militia Officers of his battalion to be dismissed, in order as mu; t^ . possible, to paralyse their influence at the election which was, then ^\>- a) >ut to take place? Mr. Dumont v c i knew the loyalty of the gentlemen whom he had caused to be dismissed ; nusuy had served under him as Officers in his battalion for more than twenty years. He had seen them turnout zealously during the late war; and knew better than any one, th!»t not one among them deserved the bad treatment that they met with at his hands. I cannot suppose that he had any other motive than that of gaining by intimidation what he could not obtain byhiscredit or his influence. He saw clearly that the constitutional meet- ing of the 4th June 1827, was the forerunner of the certain downfall of him- self ! : I r i : M it i ( ( 13fi ) Mitnttes of Evidence. y J „. . self and his concajfiie, John Simpson, Esquire, at the engaing election. He E^r" could not conceal from himself, that his chang-e of politics, and the part he , ^^J , hiid on all occasions taUen at^aiust the rinfhts and interests of the inhabitants 86tl»,lany. 1829. of the county, had made them altogether dissatisfied with him. By callinnr down this stroke of authority, he perliuns imagined that he should be enabled to destroy tlio influence of tlie gentlemen whom lie denounced , and to strike f jar into those who might have been willing to follow them. In addition to a great number of circumstances which leave no doubt on this subject, I can support what I have just said, by the subsequent conduct of Lieutenant Colonel Dumont and his partizans ; for it is a fact, that the breakings and dismissals of Olficers, and even the forced retirements which have since taken place in his Battalion, have lighted especially on those who declared themselves opposed to him at the last Election : on the other hand, the promotions and Commissions in the Militia which Lieut. Col. Dumont gave in great number, have fallen especially on those who had abandoned their fellow countrymen, to join the party of Lieutenant Col. Dumont, and to favor his election. It is moreover a fact of public notoriety, and one of which it would be easy to '^rocuro evidence, that at the time of the said Election, many persons acted In favor o ' ' nt. Col. Dumont, only on the faith of the promise which had been made I ) hat their tro'ible j.hould be recompen- sed by Commissions in the Militi.^ md this in fact afterwards took place, to the great dissatisfaction of the Militiamen, who saw plainly that they had no longer any but adversaries at their head; besides which, these Commis- sions had been lavished without regard to the character, the influence, the proport3% the ability, and other qualifications which the Militiamen had always found in officers of whom they had just been deprived. 6.50.— What effect did the (ienerarOrder of Militia of the 12th July 1827, produce on the minds of the inhabitants of the Country in your neighbour- hood ? It produced general indignation among the Militiamen of the 1st. Bat- talion of the County of York, when they learnt the dismissal of their old Officers ; and they shoAved the regret they felt at it, on several occasions. Among other facts, which I cannot point out, as supporting this assertion, I know that the officers, who were partizans of Lieut. Col. Dumont, at the head of whom was his N(?[)hew, E. A. L. Bellefeuille, then a Major in the Battalion, and now on the Staff of the Militia, ran over the whole of the concessions in the division under Lieut. Col. Dumont's orders, to look for some one who would accept a (Jommission in the Militia, and that they met %vith several mortifying refusals, especially in St. Bcnoit, where Messrs, Mallu, Lec'air, Pilon, and other respectable inhabitants could never be prevailed on to accept a Commission in the Militia, under Lieut. Col. Dl^ hiont. Another fact, which shows much belter the opinion of the Mihtia- hion is, that on the first of May, they humbly testified the esteem and fespoct they entertained for their old officers, and the contempt they had for the greater ,>.i! t of their new ones, by refusing to the latter the honor of planting the May Pole, which they continued to bestow on the former. 651.< — VVaH Major H. Lemaire St. Germain, deprived of his rank in the York Militia^ for having been present at the said meetings, or for any other said wlvat cause * I'll r Tir. 'i ( 137 ) Minutes of Evidence. I believe that ho was so deprived for the same reasons I have already given ^ , . M-itli regard to the preceding- dismissals. Mr. St. Germain had always op- Gtrouard, posed, and had never been willing to favor the election of his Brother-in-law, » ^^' _j Lieut. Col. Dumont, particularly at the last election. Perhaps Mr. Dumont 26ih Jany. 1829. ;va8 also influenced by Major St. Germain's refusal to execute a certain order of division, which he received from Lieut. Col. Dumont, ia the month of August 1827, the original of which I produce : St. Eustache, this 12th August 1827, A. M. (Order of Division.) To Hya. St. Germain, Step. McKay, and Eust. De Bellefeuille, Esquires, Majors in the Ist Bat. C.of Y. It is clear, by His Excellency's General Order of the 1 2th July last, that the officers who have encouraged, and have taken part in the public meetings tending to excite discontent among the people, have been degraded. I therefore require you in the King s name, and each of you in particular, officially to report to me whether the officers under your immediate orders, have encouraged and taken part in the public meetings tending to excite discontent among the people, since the 12th of July last; and to in<- form yourselves exactly of their conduct since the 1 2th of July last. Attbe same time to make a circumstantial Report to me, with regard to these meetings, of the persons hy whjm they have been most encouraged, and to give me, in writing, the namo of the Officers, Militiamen, and other persons under your orders, or under those of your officers. You are to conduct yourselves with great secrecy, and are each of you to make a separate report to me, within forty-eight hours. ^ , , - » , (Signed) Larie. Dusiont, Lt. Col. Comdg. 1 St, Bat. C. of Y. By Order oftheLt.Col. Comd the 1st. Bat. C. of Y, "i Charles L. Dumont, Lt. & Adj. 1st. Bat. C. of Y. 652.— You were speaking a little while ago, of the permissions to retire, sent to certain officers of youi* Battalion, as of something meant to degrade them, why so ? ., Because these permissions to retire, are considered, and very justly so, as dismissals : 1st, Because the officers who received them, had not asked for them, and and were not, as many of them have assured me, ever consulted on the sub- ject. I know also, that Mr. Joseph Robin, an Ensign in the Battalion, was preparing to present a Petition to His Excellency ou the subject. P^ : . - told S il r ■ li^.. I f • ' !#■' I! ^; ^i- i 'I ■) fj i :^i^' / ' i ;■ ., i y %:": 5i ■ i k t ^^r m ( 138 ) Minnies qf Evidence. J. J. Giromrd, ^^'^ »« mfielf, ilmt ho httd served in the last war, that he was still vvillinw Ktqr. to serve, that he was able to do so, and had not given cause whatever for *— " v * ■■■'this permission to retire. 86lh Jan. 1629. 8ndly. Because they were considered as a punishment for having signed the Petitions to the Imperial Parliament, aud for having I'efused to iavor Lieut. Ccl. Dumont at tne last Election. . — Aie the officers who, in your Battalion, have been appointed in the 8 lace of those who were dismissed, or who resigned, generally speakiug, ujy qualified ? The greater part of tliese officers are, a&I said before, in no wise qualified ; several of them are neither freeholders nor sons of freeholders : a good many of them are entirely without even a domestic education. In St. Benoit, I know pnly Capt. Edouard Viau, who' knows how to read fmd write ; there are even some among them, who from their conduct or situ- ation cannot possess the confidence or the respect of the Militiamen : several of them are only petty Tavern keepers, who sell nothing but rum by theglass and gill. , — Was not the said Capt. Viau promoted in a singular and unusual Inanner 9 He is a young man, living in St, Benoit, where he keeps a petty Tavern, He is infirm, and frequently attacked by the falling sickness. After the dismissals which took place in the Battalion, he was appointed Ensign, and happened to be the only remaining officer in St. Benoit at the time when several of the newly promoted officers had sent back their Commissions to Lieut. Col. Dumont. It was on this occasion that Lieut. Col. Dumont sent a sort of Battalion Order, ( which has been alluded to ) to St. Benoit, which Order was published and read aloud, b;^ Paul Brazeau, ft Bailiff, at the door of the Parish Church of St. Benoit, after Morning; i^ervice, on the last Sunday in January 1828. I produce an exact copy, line for line, and word for word, of this Or* der, the original of which 1 saw in the hand writing of, and signed by, Lieut ^qI Dumont, It is as follows : < -i " Inhabitants qf St, Betwii^ <* All is not lost in Israel : one good Israelite is still to be found in St. • Benoit. ** Edouard Viau having by bis conduct deserved the confidence of the <' Government, has become, by the desertion of the officers, the oldest offi* ^ CW of St, Benoit, '^ ' «* By the King*8 Order, ** All good subjects in St. Benoit are requested to obey the orders of ** EdOttard Viau, Commanding Officer m St. Benoit! « As it-s ( 139 ; Minutes of Evidence. _ « As for the llebels, we shall find means of compelling them to obey Kia j j qi^^^ ' orders, according to law. '* 'emj,. ' If ' i ' « Given at St. Eustache, ** the 19th January 1828. MthJany. I8fl»> " L. Dttmont, Lt. Col. " Goromandinff, « l8t Bat. C. ofV." (On the back of this Order, Was the following writing, signed by the said Mr. Diimont, and which was read and published at the same iime With the foregoing.) « To the Inhabitants of St. Benoit. " Edouard Vi the I9th January 1828." $ . — Do you believe, that if the Militiamen were called into active service, Lieut. Cok Dumont's Battalion would be able to render that service which mififht be expected from a well organized corps of Militia? I do not believe it. It is true that the Militia, being, as I know they are, loyal &nd faithful, would be far from refusing to obey any lawful orders ; but from the private knowledge I have of their present officers, and the sentiments they entertain with respect to them, I am persuaded they would not obey with that good will and eagerness which they would show, if they had officers whom they could respect, and in whom they could confide. Besides, before the Militia was thus turned upside down, almost all the officers had received sufficient instruction to enable them to perform their duty; this is now far from being the case, for a good many of tne subalterns have received no instruction whatever, and even among the captains, there are seme who neither know how to read or write* To conclude, the break* ings, the dismissals, and the conduct of Lieut. Col. Dumont and his parti- sans be ♦ore, during, and after the Elections, as well as with regard to the measures taken by the people to obtain justice at the hands of the Imperial Parliament, have produced this unhappy result ; that the inhabitants have believed it impossible for a man to be a good citizen and hold a Commission in the Battalion of Lieut. Col. Dumont ; that the strange abuse of these bonorabU if" i t 1 ' (MO) Minutes of Evidence, Tin- honorable charges, which Col. Dumont has lavished, without distinction, &aulre"' *® create partizans or to reward his creatures, has made the inhabitants look t ^ __' « with suspicion, and often with contempt, on what was formerly the reward 26th Jan. 1829.0* services pcrformod, the mark of merit, of inte^ity and of talent, and the object of tbcir coulidcnce and of their respect. . — Was it the object of all the meetings held in your county, and in the several Parishes, in 1 827, to ensure the election, and to present Peti- tions to His Majesty and the Parliament ? To my knowledge no meeting was held which had any other object than those which have been mentioned. .~-How many of the old officers who had Commissions in the first Bat- talion of the County of York, are now remaining ? Since Lieut. Col. Dumont began to practice dismissals^ in 1827, there remain, tothe best ofmy knowledge, only the Lieut. Col , and one Captain, who still hold their old Commissions ; the greater part of the other olBoers have been forcibly dismissed, or placed on the Retired List, or have, of their own accord, withdrawn from the service, by sending back their Commis- sions to Mr. Dumont, so that at this moment the number of officers thus dismissed, amount to more than thirty. 653. — Do you know Joseph Brazeau, Paul Brazeau and Maurice Lcmairo, who have presented a Petition to this House ? Yes— I know them; they live in the County of York, at the Village of St. Benoit, where I have myself lived for 13 or 14 years. 654. — Did Lieut. Col. Dumont enforce the Militia Ordinances of the 27th and 29th Geo. IH ? After the expiration of the Militia Laws on the 1st May 1827, Lieut. Col. Dumont, as well as the other officers commanding Divisions, received or- ders to enforce these Ordinances in his Battalion : but at first he did nothing in the matter ; and even gave reason to suppose, in the first instance, that he did not believe in their legality, and afterwards, that he had his private reasons for not enforcing performance of the duties mentioned in them be- fore the approaching election. Having, however, as it appears, received a particular order on this subject, I know that he sent orders to his Majors, and these latter to the Captains, to enforce the said Ordinances : but as the time of the general election was drawing near, and he knew the repugnance the inhabitants felt to the performance of duties to which they were unac- customed, and which they believed to be illegal, these orders were not ex- ecuted ; which was generally attributed to Mr. Dumont's great desire to remain on good terms with the electors, in order to have their votes at the election which was then on the-eve of commencing. After the election he strictly enforced the Ordinances in his Battalion, and rigorously exacted the performance of the duties required under them, at least in the part of St. Benoit, and St. Scholastique, where he was zealously seconded by his newly created officers. 655. — Do you believe that Mr. Dumont, by not in any manner enforcing the Militia Ordinances in his Battalion, in 1827, may have thereby con- tributed to raise a belief araon^ the inhabitants of your part of the country, that tliese Ordinances were not in fact in force ? Yes — I do believe so ; and this consideration was stated as an excuse, or '■:•■-,' as Ut' ( 1^1 ) Minutes of Evidence. as ft motive for lenioncy on tlm part of tho Judffc, by the Militiamen who , r r- wi were found {f"i^*.y l"st year, of havinnf infring^cd the Ordinances, at a Court J-^'frouard, Martial, in which Mr. Dumont presided. ^'^' 656. place ? -Do you know why tho prosecutions you have just spoken of took2Gih J an. 1S99U I have already stated my opinion, that Lieut. Col. Dumont and his Subal- terns did not 80 much seek to make the law respected, as to revenfye them- selves; and the Ordinances aftbrded them the means of doiu^ so: tho prose- cutions were for not having enrolled themselves as required by the Ordi- nances, and were followed uy n sentence of fine and imprisonment. 657. — What were these prosecutions, and what followed from them ? Captains Charles Dorion, J. Bte. Ritcher, Franyois Desvoyaux and Edouard Viau, made an arrangement in the first place with Lieut. Col. Dumont, Tison, the Bailiff, and a clerk, that they sliould not be oblisred to make the pecuniary advances which these prosecutions rendered necessary ; the latter agreed to wait for their fees until the fines were paid. A Court styled " Martial" was organized at St Eustacho, composed of Lieut. Col. Dumont, as President, Major Stephen McKay and Captain William Smith. On Thursday, the 3d July 1827, the Court heard the complaints made by the Captains I have before spoken of, against : 1st. Ignace Raizenne, of Saint Benoit, Notary, a Justice of the Peace of long standing, Commissioner of Small Causes, and a Major dismissed by the General Order of the 12th July 1827. 2nd. Jacques Labrie, of St. Eustache, Physician, deprived, by the same Order, of his Commission as Surgeon in the 2d. Battalion of embodied Mi- litia. 3d. Jean Olivier Cherrier, Physician, residing at St. Benoit. 4th. Jean Joseph Girouard, of St. Benoit, Notary, a dismissed Captain. /jth. Seraphim Barbeau, of St. Benoit, Miller. 6th. Doctor Alexis Demers, a Lieutenant, dismissed by the General Order of the 12th July 1827, 7th. Dominique Poitra, Private, who, as well as Doctor Demers, no long^ resides within the limits in the Bsttalioii. 8th. J. Bte. Dumouchelle, a Captain, dismissed by the General Order of the 12th July 1827. 9th. Louis Masson, a Captain, dismissed. 10th. Maurice Lemaire, a Lieutenant, ditto. 11th. Paul Brazeau, an Ensign, ditto. - , 12th. Vital Dumouchelle, , "] 13th. Joseph Brazeau, i 14th. Laurent Aubry, > Privates. 15th. Michel Lalande, I 16th. J. Bte. Bertrand, j All prosecuted for not having enrolled themselves as required by the Or- dinances. The ten first were exempt from Militia duties, according to the Ordin- nances themselves. The Court, nevertheless, were loud in the expression of their opinion, that all the persons prosecuted ought to be sentenced to pay a fine of 5/. In the mean time these causes w^ere put off till the 10th of the same ' : J ■ ^ ! ii ■ki^ S. J. ( 14^ ) Minutes of Evidence. Same month, to allow time for oonsnltation. Tlio Court tlion ag^ain declarpd jjT'™"'' 'that it was tln're o|)inion, that the persons under prosecution ought to be v.. J /Condemned, but that having received a letter from the Solicitor General, B6th Jan. 1829. which was read in open Court, they dismissed the prosecutions merely out of deference to the opinion of the Onicer of the Crown, and caused this ex- planation to bo entered in the Judgment recorded in the Register of the Court. As to the nine other persons under prosecution, their causes were finished at the first sitting of the Court. Laurent Aubry, Louis Masson, and J. Btc. Bertrand were acquitted for divers reasons ; and Messrs. J. Bte. Dumouchellc, Vital Doumoucheile, Joseph Brazeau, Paul Brazeau, Maurice Lemaire, and Michel Lalande were condemned to the highest fine, which was 5/. and costs. Some days afterwards Messrs J. Bte. Dumouchelle, Vital Dumouchelle and Michel Lalande, each paid into the hands of Lieut. Col. Dumont, the fine of 61. and costs, amounting to 8/ or 9/. With regard to the Ex-Lieutenant Maurice Lemaire, the Ex-Ensijfn Paul Brazeau, and Private Joseph Brazeau, not having paid the fine, they were imprisoned for one month, reckoning from the 24th July 1828, in the Common Gaol of the District of Montreal, by order of Lieut. Col. Dumont, and the two other Judges of the Court, who had passed sentence on them. There were other prosecutions during the same Court, but they were not followed by condemnations. 6.58. — Can you, in a few words, tell us what were the grounds of de- fence set up by the Militiamen who were condemned ? The accused pleaded (without being willing to admit the legal existence of the Militia Ordinances :) Ist. That there was room for chalietiffe ^hecause the Judges had beforehand pronounced sentence on those accused (as was in fact acknowledged by the Court in my own case.) 2d. That the Court as then composed, was incompetent by the Ordinances : because it was not composed of Field Officers, Mr. Smith, one of the Judges, being only a Captain : and because further, Mr. Smith's rank would not make himaproper officer under the Ordinances, there being in the Battalion a Captain of longer standing than himself. 3d. That the Ordinances required only one enrolment, and that they were all enrolled 88 required by the Ordinances. 4th. That even if their enrolment was insufficient, they ought to be at all events exempt from the Penalty, for the following consiaerations, viz: Because, up to the date of the Judgment of the Court of King's Bench In Mr. Chasseur's case, Mr. Dumont had led the Militiamen under his com- mand into error, with regard to the legal existence of these Ordinances, both by his conversation and his conduct in not enforcing them in any way in his Battalion : and bectuse the Militiamen had no means of knowing their officers, the companies having been changed and re-changed several times, without the men having the least knowledge of it. Such were, in a few words, the general grounds of defence urged by these Under prosecution. But Joseph Brazeau, (one of the Petitioners) who was a minor, wished to be allowed to prove that he had caused himself to be enrolled, i': ;;v ^ ( us } Minutes of Evidence, *nrollod, according to custom, by hU father (Joseph Draasoau, of St. Benoit, . BttilifF, a respectable man, aiul of acknowledged integrity) and offered to "^^ {'''■<'«'"•''• the Court documentary evidence, that captain Viau had received the 8aid,_^ *' '• enrolment, ani had apneared witistied with it. The Court rejected the de- 2611711111! i829 fence, and refuscdto admit the said proof, deciding tlwt the ourolmeut, a^" GC'diug to the Ordinances, ought to be personal. « William Scott^ Esquire, of St. Benoit, Merchant, then appeared before the ^^r, scoii E«i, Committee, and was examined as follows: t J, , _ '_ ^ ) 659. — Were you present at the Constitutional Meeting held at St. £ufi- tache, on the 24th June 1827 ? Yes — I was there. 660.— Do you know by whom, and in what manner the said meeting waa called ? The meeting was called in consequence of the determination of some of the principal inhabitants of the Eastern portion of the (/Ounty of York, at 8t. Benoit, a few days before. Notice ot the calling of this meeting, and of the time and place of holding it, was given at the doors of the Churches of the different Parishes, on Sunday, after Divine Service. 661. — Who ivas Chairman of the said meeting, and who was appointed Secretary ? Major Raizcnne, who was at that time a Justice of the Peace, was called to the Chair, and Doctor Labrie was requested to perform the functions of Secretary ; It was the gentleman last named who more particularly explained the object of the meeting. 662. — What was the object of the mooting ? Ist. To give the inhabitants a knowledge of the proceedings of the House of Assembly, the result of these proceedings, the prorogation of the House, and the conduct, in the House, of the persons who represented the County of York, Messrs. Dumont and Simpson. 2d. To take the sense of the people with regard to the then administration, and to adopt certain resolutions, tending to smooth the way to sending Agents to England to obtain a redress of Grievances, and to procure tho adoption of such means as would prevent their recurrence. -; 663. — Can you give an account of what passed at the said meeting ? My answer to the preceding question explains nearljr the whole of what took place at this meeting. Those who had called it obtained all they hoped for : tor immediately after Divine Service, the inhabitants having met in great numbers, several public newspapers containing accounts of the pro> ceedingsof the House of Assembly, and of the then administration, were read to them, accompanied by some remarks, After this a series of Resolutions having been proposed, they were almost unanimously approved, there being only Major McKay, who, from the midst of the crowd made some incoher rent remarks, and a couple of drunken men, who attempted, but in vain, to disturb the peace, and the good order of the meeting. (No. 35, of Za Minerve, of the 11th July 1827, having been shewn to tho witness, was asked :) • 6G4.-T- i| I i ' ti- 1 f 1 f I:f; 'I ,• ( in. ) MinuU$ of Evidence, W. ScoU, E«iq. were adopttv S6tb Jan. 1829. -Does it conf:un n trno ropy of tho Tlosolutlons which , at th«in(l at thin moetiunp. jdi St. KnstiM'hiv It fontii'nis (i(j3. — Do you n'Mienihoi* that nny thin^j was Haiti at this nicetinjif, in niiy maniMM' inconsiNtont with tlie duty of faithful and loyal RiihiectN ? I am certain that nothin^if whm naid ordoiu) which could lead nny portion tu ima'^ine tiiat those prt'siMtt acted otherwise than i\n loyal 8ul>ject8. (iaa, — Was Lieut. Col. Duniont present at this meeting ? lie M'a« not there. 0G7. — Did he not neverthelcHS make a very unfavorable report of this nicct- injj to the (Jovernor ? .Tudfiftn^^ from tho Ocneral Order of Militia which issued a short time after- wards, and hv which several oHicers were deprived of the rank they had held, I must infer that Mr. Dumgut's report on the subject of this meetiii(( was very unfavorable, (JG8. — Did you understand that it was for havinff attended this meeting' that you as well as the other orticers were dismissed on the 12th July 1827 ? The (leneralOrdcr assifjns no other reason for this arbitrary conduct on tho part of the Governor, than the false report made to Inni by Mr. Dumont. 069. — Have you a co])y of the report made by Mr, Dumont, and can you tell of what nature it is ? I have uot seen a coi)y of the ro])ort made by Mr. Dumont, concerniiif;^ this meetinj^ : but I must suppose it to be extremely malicious and false : for had it been otherwise, the (iovcrnor would not have deprived of their Com- missions, jyentlemen who had, for the most part, grown old in the servite, and who, diuinff the last Mar, had behaved like brave and loyal subjects. I may also say that this report was made with partiality, because, on tho one hand, I remarked that a Captain was dismissed for having attended this meeting, at which he had never been present, and in which he had taken no part whatever ; and on the other, that a Captain who did attend the meeting, who %vas one of the Committee, and wno had in other respects taken an active part therein, kept his rank in the service for twelve months afterwards, at the end of which time he obtained leave to retiie with honor. /570. — To what 4.*ause do you attribute th's preference ? I can attribute it to no other cause, than the fact that this person was allied to his (Col. Dumont's) family. 671. — Is the Battalion of " Zrt /ttfieVtf du CMne" which is the 1st Bat- talion of the County of York, as it is now organized, fit for effective service r Far from it. 672. — Explain this, if you please ? There are a number of young persons, they are almost children, who are at school at Montreal and Isewhere, for whom Commissions have been oh- tained. Many of the Captains, as well as the Adjutant reside at Montreal: some are Students at Law, and others Students of Medicine ; some have not lived in the Country ( la campaffne,) since their infancy, and considering the profession they have chosen, it is to be presumed they will never reside there. Amon^ the newly Commissioned officers, there are many who are igno- rant, or in no way (jualified ; who have no property ; known drunkards, aii4 ""i^ le service. ( It' ) Minutes oj' EcUknee. m jind iomr» who kopp misorahlo tftrftnis, wlioro notliinff is sold but the very i^ eu^.. « worst sort of mm. 0;i the whdio, the jfreator part of tlioin will never ohtain t * ' ' ° the respect which oi^^ht to ho duo to thoso who poHitcsN tho authority of ggnij^nyiggl^^ cominaud. 673. — Are yon personally acmiaintod with Mr. (formerly Major) Raizenne, .'"iiptain J. nte. DunioucheMe, J. A. Herthelot, uud the otiier olflcora di«- rulMted hythe General Order of the 12th July ? Yes — they are all men of rospectahility : some of them are possessed of conHidcrahle property, and are iu other respects qualiHed to perform wor- thily the dutiOH of the station they held ; and in my opinion the Battalioa has experienced a severe loss hy the dismisHal of these {fontlemon. 074. — Do you consider them faithful and loyal suhjects ? I do most assuredly consider them such ; I am informed they gave proof of it durinpf the last war ; and durin<|r the fjreat numher of years that I have known them, I have seen nothing which could destroy the* good opinion I entertain of their loyalty. 675. — Would you express as favorahle an opinion with respect to the in- hakitunts of the (bounty of York in general ? I consider the Canadian population, not merely of the County of York, but of Lower Canada, faithful and as loyal suhjects as exist in any of His Majesty's Dominions. 676. — How then could Mr. Dumont represent as disloyal, those who had promoted or who attended the meeting of the 4th of June ? 1 do not hclieve that Mr. Dumont had in realitv any douht of the loyalty of tne officers whom he cau(>ed to he dismissed ; but, in my opinion, I be- lieve that what induced him to act in tills manner, was t' <; declaration pub- licly made by these officers of their intention to oppuiie his being agaia .eturned as Member for the County : and that by the proceedings he adopted, he believed he should diminish their influence, and hinder others from fol- lowing their example, or perha])S create a hope in those who would support him, that he would confer on them the rank of the officers who had been dismissed. 677.— Did not Mr. Dumont's conduct to his officers make it impocible for them to continue the exercises required by the Militia Ordinances which had been revived ? and did not the Governor, in consequence of this, offer to give him leave to retire ? Whether it arose from his incapacity, or from doubts he entertained of the vaUdity of the revived Ordinances, (which doubts he clearly manifested by consulting a Lawyer on the subject) the duty expected from him was not performed. The Governor thereupon offered him leave to retire, a- gainst which Mr. Dumont protested, attributing this offer to some ui\cler- hand dealing ; which, however, does not appear to have been the case, as the, Governor permitted him to retain the command, since he ^ wished it : the Governor's only motive being to extricate him from the singular dilemma in which he was placed, being at enmity with the whole, or the greater part of his officers, at the same time recommending Mr. Dumont to con- tinue the performance of his duty as usual. 678.— Do you believe that if the 1st Battalion of the County of York, X wertf \, ^ 146 ) Minutis of Evidence. V; ;* ■ ^ m A, »-.. weM called into active service, the men wauW serve under their present W. Scott, '^'q -Qfficers V teth Jan! 1829. Rather than be considered as rebels, they would probably do so; but not, ' I am well convinced, with the same zeal. (A paper writing laid before the Committee by Jean Joseph Girouard, Esquire, making part of his 8th answer, was shewn to the witness.) 679. — Do you know this paper ? Yes— It is the General Order of Militia of the 12th July 1827, by virtue of which many o6ficcr8 of the 1st Battalion of the County of Yorlr, were dismissed, on the Report of Lieut. Col. Dumont. The General Order ap- pears to have been cut or extracted from the Quebec Official Gazette, and annexed to another piece of paper, on which are written the following words : '* I have only time to announce to you the arrival of the Steam Boat Chani' ** bly, which brings the following piece of good news. (Signed) « R. Armour." I saw ttie son of the Lieut. Col. (who is Adjutant of the Battalion,) post this entire paper, as it i» described, on the door of the Paritih Church of St. Eustache. The same General Order was also uublished and read at the Church, after Divine Service, by Major E. Globensky,^ who was then a Captain ; and who ended, by making the following remark,. " The Officers *' must have deserved it, for otherwise the Governor would not have dis' *• missed them." 681. — Was it the object of all the meetings held in your County, and the different Parishes, in 182'(, to consider of the Ehction and to present Pe' tions CO His Majesty, and to the Parliament ? . They had no other to my knowledge. Monday, ^6th January 1829r I* '■• Present :— Messrs-r Bourdages; Cuvilliery Henty^ Le^licy V^^sr, and Neil' son. its;'*" 1 i' mi: ' Mr. Fe^'fir in the Chair. Ordered, That the Chairman do write to His Excellency's Secreta-y, for the purpose of obtaining a copy of the Memorial addressed by Mr. Gale to His Excellency, ou the subject of the supersedeas spoken of in the Evi- dence, relative to the Petition complaining of Grievances ; andoftheMe<- morial of the four Magistrates afterwards dismissed. And further, for the purpose of knowing at what time the proceedings of libe two Houses of Upper Canada, in 1822, relative to their complaints on the difficulties f M C '*7 ) Minutes of Evidence. difficulties between the two Provinces, on Financial matters, were transmit*, ted to the Governor of Lower Canada. 26th Jan. 1889. {Adjourned until to-morrow.] Tuesday y 27th January 1829. Present iip^Messrs. Viger, Bourdages, Heney^ Cuvillier, Neilson and Leslie* Mr. Viger in the Chair. The Chairman informed the Committee, that in consequence of the order of yesterday, he had immediately written to Lieut. Col. Yorke, His Excel- lency's Secretary; and had this morning received the following answer, with copies of the two Memorials mentioned in the said order : S7th Jan. 18SP. Castle of St. Lewis, 27th January 1829. Sir, Having had the honor of submitting to His Excellency the Administrator of tke Government, your letter of yesterday's date, requesting that the Com- mittee of the House of Assembly, of whic& you are Chairman, might be fur- nished with the copy of a letter addressed by Mi'. Gale, Chairman of the Quarter Sessions at Moutreai, to the late Governor in Chiof, iia the year 1827, relative to an order of supersedeas given by four Magicstrates of that place ; and also with a copy of the memorial of those fom Magistrates to the late Governor in Chief; I .'.m conmianded by His Excellency to transmit you here* mth copies of these documents to be laid before the Committee. With regard to the information with which you request, on the part of the Committee, to be furnished, as to the date at which an Address and Report of the two branches of the Legislature of Upper Canada, voted ou tne 8th January 1822, relative to the financial difficulties between the two Provinces, was received at Quebec ; I am commanded hy Ilic T?.xcellency to inform you that the letter from His Excellency the Lieutenant Governor of Upper Ca- nada, transmitting thoine documents, is dated the 22d January 1822, and ex- plains that from the time necessary for their preparation they had only been received on the f preceding day from the Clerk of the Pa-liament, but the date at which this letter v/as received is not marked upon it, now does it ap^ pear from any document on record. ' • I h&ve the honor to be, \ ; ^,, Sir, D. B. V^er, Esq, Your most obedient, M. P. P. humble Servant, ^c. &c, &c. (Signed,) C. Yorkb, Secretary, i J- J 4;' i 1 ( lit s ( 1^8 ) Mitmtes of Evidenct. Montreal, 17th August 1829. ^7th Jan. 18C9. My Lord, I havtB UerMi desired by a Oencral Meeting- of the Magfistrates of the City of Montreal, to lay before your Excellency a representation respecting the extraordinsiry authority assumed by four of their number, namely : Jean Marie Mondelet, Ungues Heney, F. A. Larocque and Thomas Baron, of de- c'arinjir the official act of the Magistracy of fonner years to be illegal, and of prohibiting-, out of Sessions and without giving notice or calling a meeting, the lexecution of t '.e orders of that body twice during the present season, solemn- ly sanctioned at regular sessions ; at the last of which (convened upon pre- vious notice and constituting one of the fullest meeting of the Magistracy ever held at Montreal, and after the audition of Counsel) the previous ordei- was approved of with only one dissenti nt voice. This proceeding of thefour Magistrates is a deviation from the courtesy and the practice at Montreal, according to which, notice to their associates in the Comnaission would have been proper. It is a violation of Law, in as much as not one of the four was present at those Courts or Sessions of former years, whose proceedings they took upon themselves to decla'-e illegal, and one of the four was not even at that time (1825) in the X^Otn'missibn. And it is of dangerous tendency for a part of the Magistracy to array themselves against and labour to destroy the otlicial au- thority of the body to which they belong, instead of allowing their errors, if they commit any, to be corrected by a superior tribunal, which alone can be cotnpcftetit to determine between the Magistrates who are acting for the City, affd theindividlials Xvho may deem themselves aggrieved by their acts. 1 thig^t, perhaps, without impropriety, restrict my statement to the recent occurrences; nevertheless, as the four gentlemen above named have assumed prior orders and determinations as the basis of their supersedeas, I have thought it useful, at the risk of additional proxility, to begin the relation as far back as the year 1825. To commence then at that period : A number of Magistrates havitig observed with uneasiness the continued encroachments made upon the vacant ground between the River and the former line of en- closures in frotit of the beach in the City of Montreal, fearing also, that these ettcroirchttierits ^'ould soon leave no passage open to the citizens, unless some course Were taken ^vhich might enable the Mafj^istrates to prevent the further extension of these spoliations, and considering that the Magistrates would have ko right to prevent or to punish such further spoliations, unless the remain- ing space should be laid out for a street or public place for the benefit of the Citv, •deemed it necessary in August 1825, to call a Session for the 24th of that month, which heing assembled at th3 Court House, after due notice, it was, by the Magistrates present, namely, Samuel Gale, Thomas Porteous, Jean P. LeprohOn, William Kobertson, Thomas A. Turner, George Garden, James Millar and George Moffat, resolved among other things, that it was expedient to cause a jury to be summoned by the Sheriff according to Law, to determine the necessity and advantage of laying out a street from the Creek at Pointea Calliere as far as the comer of Grey Nuns Street, in the Ste, Anne Suburb. In conformity to this resolutiou a warrant was issued to the Sheriff for suoimonionf ( 149 ) Minutes of Evidence. fummoningf a jury of twelve principal Householders. The Sheriff in consc- . - nuence summoned and returaed a pannel of jurors on the 12th September f "' 1825, who, after beini^ sworn and charged, returned to vioi* the premises and frame their verdict, and report, which they subsequently produced, and there- by among other things declared it to be necessary and advantugcous to lay out a street from the Creek at Pointe a Calliere as far as the house of Nahun^ Hall, at the corner of Grey Nuns' Street, and to give such breadth to thesaid street as circumstances and the extending commerce of the Port might appear (viz. to the Magistrates) to require and justify. This verdict and report were taken into consideration, ratified and confirm- ed at a Session of the Magistrates, held at the Court House on the 17th Sep- tember 1825, at which were present, Samuel Gale, Jean P. Leprohon, Thos. Porteous, William Robertson, Pierre de Boucherville and Pierre de Roche- lilave, who establishsdand gave to the said street and public place all the breadth which the previous enclosures permitted. The width in some parts was unfortunately less than would have been suitable, had it been in the power of the Magistrates to have increased it, but it was nevertheless as broad as the entire space left by those who had before that time erected enclosures and building-s to protect their encroachments. This was all that could be done at the time, and it was hoped that the re- sumption jf these encroachments might be hereaftermade through the inter- position of government, after which a convenient breadth might be obtained for the whole extent. Supposing any individuals to have previously pos^ gessed a right of property on the ground, comprehended in this street or place, the Magistrates nevertheless, under the Law, had a right to take it for sutb a public purpose, because it had ah^ays been uninclosed and vacant, and the law gives express power to the Justices to take the land necessary for these objects, excepting such lands as are under peculiar enclosures, or are used as Gardens or Orchards. The right of former proprietors in cases like tb?; pre? sent, supposing such right to have existed, would only extend to a claini for pecuniary compensation or indemnity, and not to prevent the occupation of tne public, nor to resume the possession of the groun'^ For a period ex- ceeding 18 months, between October 1825 and May I /, no attempt was made by any person to assume possession of the space thu- drtlared to be a public street and place. Occasional delinquencies during that period in leav- me property upon this street for a longer time than allowed by tiie rules of Police concerning streets, were prosecuted and punished by tines ; thus .mrt- ioning and confirming to the public, the proceedings whereby the Magis^ trateshad assumed possession and established the street. At length, about the beginning of May 1827, information was casually given to some of the Magistrates, through the zeal of private citizens, that a short time previously, one Stanley Bagg, had enclosed and taken possession of a part of this space, and had put a tenement of a few boards nailed together similar to what is often seen upon the rafts descending the St. Lawrence, and is often termed a Shanty. The Inspector of Roads for Montreal, (Mr, Viger,) whose duty it was, even without waiting for orders, to have prevent- ed or removed this encroachment, and to have given the earliest information to the Magistrates, and who had neither acted or reported, was then directed to make'his report upon the subject. The Report of the Inspector waein conse- quence 1820. t=! l! \ \ > } I -i i w ( 1^0) lii^i ( I fi7tb Jan. Minutes of Evidence. ?uence made, and on the 19th May 1827, an order was gfiven at the Session at which M'cre present, Samuel wale, the Honorahle C. William Grant, J, ""P. Leprohoij, Tliomas Porteons and Thomas A. Turner, Esquires,) com- mandin<( the Inspector to do M'hat he was bound without such order to have done, namely, to execute the Law, by givinnf notice to the trespasser (Stan. ley Bag^jr) to remove the obstruv^tions, &c. and by removing^ them himself, in c^se the trespasser should not, an^ainst whom the expenses, charges and legal penalty were afterwards to be awarded. This, if not the only course which the law allowed, appeared the only pro- per, as beinjif the only expeditious one, because the navigation being open, it i;iii;;;lc?sec?eas, a mere transcript of the for- mer, except that it had the signature of Franyois Antoine Larocque, in ad- dition to those of the three last named Magistrates, was brought forwards by the Clerk of the Peace, as having been left with him. The siipersedeaa after a long recital of the various proceedings, verdicts of Juries, and deter- minations of 1825, declares them en masse to be insufficient, and contrary to law,and the order of the 19th May last founded, (predicted as they call it; upon them to be also illegal, state that they concurred by error and mistake with others on the 30th June, in confirming the order of the 19th May, and con- cludes by declaring that they supersede, and ord"- the Inspector of Roads to abstain from carrying it into execution. Now, in fact, the concurrence of these four Gentlemen on the 30th June, in the order of the 19th May, could not adfl to its validity, and their recording it would have been illegal, for not one of the four gentlemen, who signed the supersedeas^ wei'c present on the 19th May last, or at any of the previous S^sions in 1825, relating to the street iq qutstion, and Mr. Baron was not, fornearly a twelve month after, even in the Commission of the Peace. If they were present on the 30th June, in consequence of the intimation, which in accordance with the courteous practice generally adopted in Montreal wa» given to them, this could give no ri^ht to set aside or violate the proceeding* of other competent Sessions, in which they had not participated. Such opin- ions as they might have chosen to express, would doubtless have been re- ceived with proper attention; but, although, for them to have sanctioned, was unnecessary, ar%d to have reversed would have been culpable ; neverthe- less, they thought fit to declare their approbation. If their approbation had not been given, it would not have been possible for them to have alleged re- cent error in themselves, as a ground for correcting pretended antecedent er- rors of others, nor indeed, to have taken any steps towards correcting such errors, without a completely unveiled appearance of wrong. The supersedeas above mentioned, again prevented the execution of the wderof the 19th May, brought the matter again before the Magistrates with- out 15 ffcil 4 W' ? ' 9 '. '\ 'i i 1 ni 1 7- . k ■i i 1 m- i ( 152 ) Minutes of Evidence. ffthJan. i829®*'t*'^y*^'"ff^*<''"B^<*"*'» and enabled Baj^fgf to retain his possession instead of /obIinfint was founded upon the principle, that a man upon sufficient ground rai^ht countermand his own orders, wnere it was la^vful for him to do so; but that it would by no means be ahi^ays lawful even for those who gave to counter. mand their own orders, to do even this in some cases might be a flagrant abuse. Far less could it be lawful, or decent, for Justices of the Peace to issue a supersedeas respecting the orders of other Justices of the Peace, or of- ficially to declare their proceedings illogal. That in the King's Bench i« England, it had been declared that if Justices of the Peace take upon themselves to supersede the warrant of a Justice hav- ing competent jurisdiction of such matters; it is taking upon themselves t* prejudge thatthe Justice has done Mrong, and it is a palpable and gross abuse of their office, for which the Court will grant information ; that if such pro- ceedings as these adopted by the four Magistrates could be tolerated, it might prevent the execution of all the regulations and orders heretofore made con- cerning the City of Montreal, and would render the Magistrates of the City •wholly inefficient and powerless, as often as the interest or the partiality of two or three of their number should be opposed to the proceedings of the re- gular Sessions of former years, or of the entire body, and would wholly sub- vert and bring into contempt among His Majesty's loyal subjects, the autho- l4ty of the Magistracy to >\'hich the Magistrates themselves should be the first to give their fellow subjects an example of deference, respect and obe- dience; and would finally introduce uncertainty, confusion and anarchy, where consistency, order and government, ought to prcvjiil. Two courses of conduct seemed to oner themselves to the choice of the Magistrates; one was, to declare the prohibitory order or supersedeas of the four Magistrates, pronouncing illegal the official act of Sessions, at which they were not present, to be an undue assumption of superiority and juris- diction, and insult to the Magistracj'^, and a violation of the law, and there- upon to command the officer, non obstante the supersedeas, to proceed to the execution of the order of the 19th May. But fi'om the temper shewn by the four in their proceedjug-s, and by the conduct of their officer, it might be ap- prehended, it such command should be given, that they would not hesitate to issue a new supersedeas, nor the officer to obey it, and this might be carried on without end, or never approach to a termination, a most unseemly conten- tion between the Members of the Magistracy, which might entirely subvert the respect due to its authority, even if such a result formed no part of the motives of some of the signers of the supersedeas. To bring the matter to a conclusion then, without carrying on such a prolonged and dangerous con- tention, or unnecessarily exposing the dissentions of the Magistrates before the public, seemed the dictate of propriety, and to accomplish this, there seem- ed no other efficient mode than a representation to the Governor in Chiifoi the i: fffP! ( 153 ) Minutes of Evidence. the assumption of power and superiority complained of, and their inevitable tendency to render the Magistracy powerless, to the end that such directions 27th Jany. might in consequence be given to the Crown Officers, or such measures be ad- »w— y— opted as the circumsf^nces should appear to require and justify. To cause the representation to be made, was therefore considered the most proper course to be taken, and resolutions to that effect, among other things, were in consequence passed by *» great majority of the Magistrates. Three resolutions I have the u^nor to submit with the present communica- tion as well as the other documents connected with the transaction alluded to, in case reference to them should be desired. ^ It remains for me to express my regret at having been compelled to trouble Your Lordship on the present occasion, and I may assign as additional rea- sons which influenced me and some of the others in considering the proceed- ing by a representation to Your Lordship, to be the most proper, that there appears to be, fl will not say a general plan to frustrate authority , lest I should be wrong) but at least a general course of proceedings in various parts of this Province, whose inevitable tendency is to frustrate established authorities» and not unfrequently is this course pursued even by official characters, in re- lation to the body of which themselves are members, or in relation to the source from whence their authority emanates. To trouble the superintending power with light differences of its subordi- nate officers, would be injurious to the inferiors, whose agency ought to be as uncontrouled as is consistent with the public good, and it would be un- pleasant to the superior authorit}^, whose dignity should be too highly respect- ed to be resorted to on matters of trivial import. But when the course pursued by a part is frequently such as to pervert the authority given, into the means of its own subversion, a reference to the source of office, appea*^ notmerely to be proper, but seems to become an ab- solute duty, to the end that the Executive may not too confidently rely upon. the strenoth of any authority, which a portion of its own members are render- ing inefficient, and that an opportunity may be afforded of adopting measures tore-estabiish such a degree of efficiency and energy as circumstances may permit, or as prudence may be taught to require. I have the honor to be, With the highest respect. I8S9. y Lord, Your Lordship's obedient and humble servant, (Signed,) To His Excellency, The Right Honorable The Earl of Dalhousie, &c. &c. &c. SAMUEL GALE, Ch. Q. S. True copy. U. C. YORKE, Secretary. !;: I 1:1 To ( 154 ) ti hi , "4 1^ Vs7ili Jail I y. 18S9. 1 J Minutes of Evidence. To His Excellency, George, Earl of Dalhousie, Baron Dalhoufiie of Pal. housie Castle, Knight Grand Cross of the Most Honorable Military Order of the Bath, Captain General and Governor in Chief, in and over the Providces of Upper and Lower Canada, &c. &c. &o. May it please your Excellency : We, the undersigned, the objects of a denunciation on the part of our fallows, which is to be laid before Your Excellency by the Chairman ofth« Quarter Sessions at Montreal, in conformity with the Resolutions passed at the Special Session of Saturday last, owe it to ourselves, from the respect we bear to the Magisterial character, with which we are invested, to otfer some respectful observations to Your Excellency. On Saturday, the 30th of June last, at a SpeciiU Session, we concinred in an order given to the Road Surveyor to demolish a certain wooden house, erected on a piece of ground, said to make part of a street established by a Judgment of the third October 1825, and to remove the enclosures and lum- ber by which the said street was obstructed. . On the !iZth of July last, we signed a supersedeas of the order given to the Hoad Surveyor on the 30th June: we were then convinced (as we still are,) that the proceedings of the 3d October 1825, were irregular, and the establishment of the street in question illegal ; there were no other means of suspending the execution of the order given to the Road Surveyor on the 30th of June last, in which we had by mistake concurred, than by granting^ a supersedeas. . Our brother Magistrates do not allege that our conduct was illegal, but they complain that we were deficient in courtesy towards them, and they applafto Your Excellency, as their tribunal for the purpose, doubtless, of ODtaining Your Excellency's opinion on this business, which they look upon as of very serious imp■ 1 i ii Th« RtT. 1 ■' J. B. Kelly, ( l^G ) JUinuUg of JEvidenc*. TFednesdat/y ^Sth January 1829. t ' S8thJany.it29. Present .'^-Messrs. Viger^ Henej/, Lefebvre, CuviWer^ LesKe and 5our, dages, Mr. Fi^«r iu the Chair, The Reverend./. B. A«%, Prietit, Curate of Sorel, appeared before the CoiQ' mittee, and was examined as follows :•— 683. — How many years have you been Curate of the Parish of Sorel ? Eleven. 683. — Do jrou reside in the Borough of William Henry, (Sorel) and have you always bved there since you have been Curate of the said Parish ? Yes. 684. — Did the then Governor, the Earl of Dalhousie, pass the Summer of 1827, in the House belonging to Qovernmont, in the said Parish ? Yes, he passed the Summer there. 685.'--Did the Governor, (Lord Dalhousie) reside there during the time of the last General Election, and particularly during the time the Election was gt>ing on in the Borough of William Henry, of a Member to represent the said Borough P Yes — He was then living there. 686. — Was the said Election warmly contested ? Very warmly. 687. — Did you receive from the then Governor, any communication re. lative to the Election, before or during the time it was going on ? I received none from the Governor himself; but Mr. Welles communicated to me a Note, which had been written to hipi by the Governor's order, by one of his Aides de-Camp, and which Mr. Welles had ordera to communicate to me : this was while tlie Election was going on. 688. — What is Mr. Welles, and what post does he hold at William Henry ? He is Agent for the Seigniory, and Barrack Master. 689.— ^hat was the nature of the communication you have just spoken of? A threat of complaint to the Bishop, and even to the Minister of State in England, if I did not stop one of the members of my family from interfcringf at the said Election. 690. — Who was the said member of yom family ? My Father. 691. — Did Mr. Welles communicate to you the letter in question ? He showed it to me : I do not remember whether I read it myself, or whether he read it to me. 692. — From whom did this letter come ? From Capt. Maule, the Governor's Kephaw and Aide-de-Camp. 693,— Who were the Caadidates ? .4 ( 1^7 ) Minutcu of EviUtnce. The rnndidatod were Mensrs. James Stuart, (the Attorney (JiMicrnl)and Wolfred Nelnon. ^ Tl>t Rtv. 694"— For which of the two Cttiidi -• «95.— What answer did yon ^vc Mr. WelleN ? *'"'' ''""• *•*•• That 1 was entirely unacquainted with my Father^ proceedinjjN ; that I Iiad not even heard them Hpoken of; and that it heinjr my principle not to interfere in the Election, it was ahnolutely a«,'ain8t my intentions that ho bad m acted. C06.— Was your father an elector for the Borough ? » 697.— Had you afterwards an interview with the Governor hiniHclf, and some converHution with him on the Hame subject ? Yes. 698.— Was this while the Election M'as going on ? Yes. 699.— Can you say M'hat was the nature of that conversation, and on what it turned ? The conversation turned on the proceeding's imputed to ray father with regai'd to the Election, His Excelleujy alleging, that the sentiments mani» fested by my father at the Election must of necessity he mine, since he lived in my house, adding, that he could not believe it was otherwise, and that he had been told that a cabal had long been formed against the views of OovemmeBt, with regard to the said Election. 700. — What remarks did you then make on this flubject ? I remarked to the Governor, that although I did not myself interfere in the Election, or even with politics, I was alM ays glad to know what was S)ing on ; and that I could assure His Excellency that the inhabitants of the orough of William Henr}', had not in any manner been for a long time caballing with respect to this Election ; that it was the business of the mo- ment, that they had no wish to do what might be oflensive to himself or to the Government, and that the opposition was to Mr. Stuart personally, who at that very time was still abusingall who cnnic to vote against him. 701. — Did you visit the Governor in consequence of the communication Mr. Welles had made to you ? Yes. 702. — Did you then speak to him, and did you enter into some cxplana* tion with him before the commencement of tlte conversation ? I told him that I came in consequence of a letter written by his Aide-de- Camp to Mr. Welles, inculpating me in the business of the Election. 703. — Did you after that time receive any new commuuicatiou from the • ' Governor, on the same subject ? Yes, 704. — What was the nature of this communication ? After the Election I went to the Governor's house, to call on him, as 1 was in the habit of doing from time to time ; having spoken to one of his Aides de-Camp, ^e told me that His Excellency being busy, could not see lae ; I repUed to the Aide-de-Camp, that it was the same thing, and that I . would I;*-! i* !■, n ( I5S ) Alinutct of Evidence. _ _ would coiMo Ofifniii anothpr tiino ; two hoiini after wnrdM, I received a noto J B Kellu. **'®'" *'"P^- J'"l»«» *>"♦' "^ *^*' (iovernor'H AidcH-de-Camn, and written liy ^hiiordurti, intbrminjif me that he wan commanded hy Hiu ExcoUenov, to tell SBthJaiiy. 1829. ni<^i that in coHHequenvc of what had happened at my hou^e, in rolatioti to the Election, IIIm Excellency conceived it to be contrary to hid public duty to receive my viHits any longer. 705. — Can you produ<;e thin note, or a copy of it ? I cannot produce it at this moment ; and I beg to be allowed until to-mor> row to do «o. 706. — Did you, in consequence of thig letter, yourself write to the (Jo- vernor, the Earl of DalhouMie ? No, — but I gent an answer to the Aidc-dc-Camp from whom I had recci* Tcd the note. 707. — Did the Governor send an answer ? Yes. 708. — Can you lay before the Committee, the correspondence which pas- sed on this subject r I cannot at this moment ; I beg to be allowed until to-morrow to do it. 709. — Do you know Andr6 Lavallee, of Sorcl? Yes. 710. — Does he enjoy agood character ; and may his testimony be credit- ed ? Is he a proprietor ofreal property in the Borough of William Heury ? Yes — he is a sober and honest man ; and a proprietor in the Borough. Ordered, That Andre Lavall^e be requirea to appear before the Commitr ^ee to-morrow at ten o'clock, [Adjourned till to-morrow.] t I [f 11 Thursday, Q,9th January 1829. Present :-^Mes8rs, Vigerf Lenlie, Lefebvre, Cuvilliery Neilson and Bmri dages. Mr. Viger called to the Chair, Wt.^.I.avame'^^*^^^ ^°'^^^^^^* of the Parish of Sorel, Voyageur^ was called before the 1 _' \ - Committee, and examined as follows: S9thJan. 1829. Yes . — Are you a proprietor in the Village of Sorel ? 1 ' J-l i. i- . ' ■ ■ ;" "' '^i -'^ m 71 1. — Are you an elector for the Borough of William Henry, as proprie- tor? Yes. 1 have a building lot, (emplacement) with a house and buildings on it, and I reside there. 712. — Do you know Mr. S. Gale, of Montreal ; and when did you last see him ? Minutes of Evidence. I do know him. Tho last time I naw Itim, wns on thfl lUv hofore tlmt on „ ^ r ' lu' which tholMt Election for the Borough of William 1 Wry whs to hrginj^'^ '"'^[[3 towards the end of the month of July IH27. I drove him on that day from on. 1. iTCJ taaa Sorol to St. Michel tV Ynmaska. """' """y ' * *" 713.— Had you on thiH ocrnition any and what conversation with him on the Hiibjoct of the said election ? Yos — he bef^an hy asking me whether t was an elector for the Borou^fh of William Henry ; upon my Nayin|r I was, he aMled me for which of the two CaiididateH I intended voting; I told him I did not c .,.,...,' ,:■.,. ,,. ,L.;,.;. ^ " charscteT i^e never wen ■ ( 161 ) ■ Minutes of Evidence. eliaracter so highly distinguished as Lord Dalhousie, who had told me that he r^^^^ ^^^ acquitted me of the charges brought against me, appeared to me sufficient to j. ^, JTeliu. authorize my appearance without fear, and even with confidence, before His ^ ' * 1 even ready to make application to the Bishop to remove me from this place; if His Excellency thinks the thing would be advantageous to the welfare of the Government. Assure His Excellency further, that if the pei^on whd has occasioned this misunderstanding, had been less near to me, I should have imitiediately dismissed him from my hOusd ; as it is, to Have done so; M^ouM haVe been an unheard'Of act, and one which I cohld not have com^ mitted without being wanting in a sacred duty, — that of filial piety. " I have the honor to be, . ^/ ' «:;ii' '.;?-,,/', V ^. .. ..■'-.; ■;. >,^:k'.y .,- " Sir, '^VJ ^V^^^ ^ i ' ' ' ; i ' ** Your very humble and obdt. servt* ; t v,A^ - (Signed) J. B. Keixv. ij. Considering Lord Dalhousie's letter as being of a private nature, I think i have a right to refuse it, and will not produce it except on the express order of the Committee^ The witness then withdrew, and having returned, the Committee express- ly oMered hiitt to produce the said letter. Or^ which the witness produced to the Committee the said letter, and his ar^wer thereto^ which are as fol- hvti I u Sorel, 15th August 1827. Sir, "^ Air. Hope handed me your Letter this morning, and I think it right to explain myself as to its contents. " I willingly admit that you did not yourself interfere in this election busi* ness ; but I cannot for a moment doubt that the sentiments manifested by those who compose your family are also your own. It has become quite fashionable among the Canadians, to oppose the views of tiis Majesty's Go- Tifnment, and to abuse His Hepresentative. 1 do not dispute fheii^ h^ht to act thiis ;' but ^r the same reason I have a right to refuse to mingle in the society 6f those who think, in private, in the tome manner. 1 do not like flatterers, who, in secret, think lU andtheir manned. I have long learned to treat with indiSerence those who entertain such sent! olents. It is not my nature to play the hypocrite, and to conceal my teal opinions. Such being my principles, I should be Unwilling to receive your visit. It is not my design to trouble you in the execution of your duties here, nor any person either within or without your houi^ : you canuot imagine that I am capable > ^ i i 1 \ «■ f t f 1 1 '■' '■ 1 1 1 1 ' *■ ^ 1 j ? * J ► i 1 u ^ ■ 1' LjM 1 . ■? »' '• y. t i, i: ( 162 ) Minutes of Evidence, Tba Rev. of entertaining the idea of molesting- your father, while he is under thepro> .1. B. Xeli$. tection of his son. y». -y. ■ > *< You wish to see me on the subject' of the rumours in circulation, con- £9ihJany.i829.cerninfi; the conduct of the Clei^ : I think it my duty to refuse such au interview : this matter remains between me and the Bishop, if he thinks it necessary to take cofnizance of these reports: the moment does not appear tome favorable forjudging of what degree of credence they are worthy. Un- der iJI the circumstances, I cannot think you would have more pleasure in visiting me, than I should have in receiving you. *" On matters of business I am ready to see you, to listen to you, and to answer you, as I should be to do the same towards any other person who miffht be a stranger to me. My object in living- in this village, is to be quiet and retired. I avoid busying myself with political affairs, which have un- fortunately been brought to my very door, in a manner altogether disagfree- able. ** I endeavour to keep them at a distance from me, and to learn as little as possible about them during the little time I have to remain here this summer. I have no intention of hurting the feelings of anyone ; but I also cannot permit any one to offend mine. Busy yourself in your duties, I shall *^ notmolestyou while you are engaged in performing them: I shall be happy to learn on some future occasion that your flock have learned to " fear God ** and honor the King ;" a maxim which they may serve for a guide through life. I am your very obedient, ''-''^'^' :'d{'^.^'/:'2'"i (Signed) DALHOUSIE. ^f To the Rev. Mr. Kelly, > Sorel. 5 - ■;» 4 ;'.:■,»:■ ^i. « WilliamHenry, 16th August 1827. « Sir, i- 'Si J "■ pi . ** I will not abuse His Excellency's goodness, in doing me the honor to answer himself the letter which I addressed to you, by writing directly to him, for fear of making him lose that time which is * precious to him. I shall content myself with saying, that my letter contained only the expres- sion of my real sentiments, and was not written for the purpose of soliciting an interview which I had ceased to wished for, from the moment I learn- ed from your note, that it would be disagreeable to His Excellency. I deeply regret the loss of His Excellency's esteem ; but I should feel his dis- pleasure much more keenly if I had deserved it : my short visits occurring rarely, and at times when politeness, decency and respect made it right that I should pay them, did not mark the conduct of a flatterer. As far as re- " * gards '^fm r ( 163 ) Minutes of Evidence. mis my loyaHy, I guve more than one proof of it during the last American towards His Majesty's Government ; principles upon which I have myself constantly acted in my conduct towards all my superiors, from whom I can gay with pride, I have never drawn reproach upon myaeif. jW,- .<* I have the honor to be, « Sir, . " Your very humble and very . ' , " obedient servant, ^■■ . ^ (Signed) J. B. Kelly, Pt." ^ « Mr. Hope." "" ^^' '^'■■•■'' ■-' ' .■^■'-^■'-' ^^'^ - -•^- : " -■ '-v .;■ '■ -^- '■; ^ (The orignials oi :vhich documents were returned to the witness.) 732. — Have you deposited the original notes and letters which form this correspondence in any office ; and where ? I have deposited them in the Archives of the Bishop of Quebec; and it is from thence that I have obtained them, in order to lay them before the Committee. 733. — Why did you so deposit them ? - ,\ > V The correspondence which had taken place having given me room for be- lieving that His Excellency might pursue the matter further, I thought it right !:o deposit them there, in order that they might serve for my justifica- tion, when time and place might require. 734.— Were you solicited by any person, and by whom, to take part in the said Election ? Yes; by the Attorney General. ; ^ j" ' ;• it >? 735. — When, and in what manner? W Daring the Election, and in an earnest manner. 736.— Did he point out any private motives to induce you to vote for him, and to interest yourself in his Election ? Yes— in the first place he told me, that I ought to make him a recompense, seeing that my father had hurt him in his Election. 737. — Did he press any other motive on yom ; and what motive? Yes— he joined to the motive of which I have already spoken, that the Go- remor would be very angry if he lost his Election. Ordered^ That Michel Glackemeffer, of Berthier, and Narcisse Crebassa, of Sorel, be required to appear before the Committee, without delay. [Adjourned to the call of the Chair. >}■ n ■'l^'-; i'' ^:' <» ,-k . ..■.^. w-,i ' Saturday f ■•■*K'->M.,'-^ .1 fcffi ■'.•Vfl"" si|r| i'l rr I ;, 111 . ^*^ <1 I I y T. 81 -1 ( 164 ) Minutei o/JEvidenee. ;# Saturday, Slst January 1829. Present: — Messrs. Fifl'er, Henej^^ Cuvittieft LealiCt and Lefebvre. Mr. Fi^«r in the Chair, ,, Mr. Samuel Neil^ofiy of the City of (Quebec, appeared before the ComiDitn tee» and was examined as follows :-^ 7.%.— Are you not Printer and Editor of The Quebee Gazette ? A Neilion, Esq. Yes. ii'7'r'''i«"o6' 7S9.1-I8 it not the one which i^ sometimes called by the public « The 0I(| 81SI jany. 1829. Q^gj^g^ Gazette," to distinguish it from another which has been published for some years iu the same City, under the same name? Yes. 740,-r— How long has the Quebec Gazette which you print, been publishei] in this Province? Since the early period of the year 1764. 741. — When was the second Quebec Gazette, of which you hayespokgi, >, established ? ( The first number was published on the 30th Ooctber 1833 742. — How and under what authority has this new Gazette been esta))' lished? It was established by order of the late Governor in Chief, Lord Dalhousie, subsequently to a Proclamation cf the 23d October 1823, declaring therein that he recalled the Commission of King's Printer which I held, and gave it to John Charlton Fisher, at the same time appointing him Editor of the Quebec Gazette, and directing especially all Sheriifs, Servants and Oncers of the Crown " to insert all official communications, notices and adveitizements whaterer *' relating to their oflSces respectively, in the Quebec Gazette so to be print" " ed by tbe said John Charlton Fishe)r, and by his successors ip o$ce duly " appointed under and by virtue of Letters Patent under the Greal Seal." 743. — In which Gazette were the advertizements of Sheri^s' sales in^ serted before the establishment of this New Gazette ? They had been uniformly published in the Quebec Gazette which I print, ■ince the passing of the Ordinance 25th Geo. Ill, cap, 2; under the speciitl provisions of that Ordinance, 744.— .Was the pxecutive Goveruineiit proprietor ^f the Quebec Gaaette printed by you ? No. 745.':^Was the Government interested in that Gazette in any other way whereby it niight be authorized to dispose of the Gai^ette ? No. 746,7^^14 any of the proprietors of the Quebec Gazette who preceded you receive Commissions as King's Printer ? No»^they were paid for wiiat Government got published in the Gazette, ^^ior ptl^er printing; but I have no knowledge of any of them ever holding (:*opiiiip!iQM ( t65 ) I the Conunit. ;e been ests^ Minutes of Evidtnct, jCommissions; and I know that the Law Officers of the Crown, who had an easy access to the Archives of the Province, did not exhibit such a Com-^* ^ mission at the trial instituted in ISS^, In some years they received a fixed ^~^ _- r :~4: U..4. «:«»» inrnrt /i^ i. u__ _i T-jj i? i -hi.! Neilson, E.^, sum for printing, but since 1790, Government has always paid for any work^^'^''*"y* done, at the regular price of the trade, 747. — When and by whom were you Commissioned as King's Printer ? I received a Commission of King's Printer in 18'si2, Colonel Ready, the Civil. Secretary, had some time before written to my father on the part of the Oovemor in Chief, Lord Dalhousie, stating that His Excellency had seen with regret " the conduct of the persons (wnpever they were) who had been " employed in Editing the Quebec Gazette, and that he had determined to " adopt a course which shall effectually provide against a continuation of « such conduct." This letter was dated the 6th April 182^. Mr. Neilson, Senior, answered this letterjon the 1 2th of the same month, and stated that '* he might be permitted to state his apprehensions that His Ex- <' cellenciy had not had an opportunity of becoming fully acquainted with the " relations which the Government of the Colony had hitherto had with tho " Gazette," that as to himself he could not be copcemed in the publi- cation of the paper on any other plan ; tha^ the Gazette had been establisned at ^ the private costs of Brown and Gilmore, and by a list of subscriptions, that it had been transferred by sale to hi^ brother Samuel Neilson,and by Will made oyer to him in 1793 ; that the paper was private property. That however, he had determined some tiqie back to make a sale of the establishment to my- self and Mr. Wm. Cowan ; and that I seemed disposed to enter into some arrangements with Government, and that the business was mine. 748. — Have you received subsequently any new written cpmiuunication from Government on the same subject ? I soon after obtained a Commission of King's Printer, a copy of iji^hich I }ay before tb|e Conpiittee, 182^. "' 1 i Province op Lower Canada, Palhousie, Governor, George the Fourth by the Grace of God of the United Kingdom of OreaJ Britain and Ireland, King, Defender of the Faith: •♦ To our trusty and well beloved Samuel Neilson, of eur City of Quebec, gentleman, and to all others to whom these presents shall come, or inay ii* any wise concern ; greeting ; ? ... . '* Know ye that we have taken into our consideration, the knowledge, integrity and ability of you the said Samuel Neilson, of our especial grace, certain know- ledge and mere motion, have assigned, constituted and appointed, and by these presents do assign, constitute and appoint jou the said Samuel >'eilson, to be our Printer within our Province of Lower Canada : To have, hold, eJ^ercise and enjoy the said office, upto you the said Samuel Neil, SOU| r: trj r H I ( 166 ) t Minutes of Evidence* son, for and during onr pleasure and during our residence within our said ') &. iViiYwn, Esq. Province of Lower Canada, together with all and singular, the rights, pro- I, <-..■>.— .y,.^ — *fits, privileges and emoluments of the said office belonging, with mil power, > Slst Jan. 1829 all and every the rights and duties belonging to the said office, to exercise and perform, in as full and ample a manner as the same by Law may or ought to be done. " In testimony whereof we have caused these our letters to be made Patent, and the Great Seal of our said Province of Lower Canada, to be hereunto af- fixed : Witness our trusty and well beloved George, Earl of Dalhousie, Kuight Grand Cross of the Most Honorable Military Order of the Bath, Captain General and Governor in Chief in and over the Province of Lower Canada, Vice Admiral of the same. &c. &c. at our Castle of St. Lewis, in our City of Quebec in our said Province, the third day of July, in the year of our Lord one thousand eight hundred and twenty two, and in the third year of ourKeign. D. " Ls. MoNTIZAMnERT, Acting Provincial Secretary." O. I £'■3 1 li J' 1 ^■■11 if) ' ^^^hHS pi f ^^Hlffi ^ *t tsHBi ^SpWi; H 1 sh ^ nt) ^ W 1 ft j ! 1 i |! } ,1 i^ 'i^ M>' j i Li&ti>^ 1 continued to publish my paper as usual, and at the request of the Governor's Secretaiy, Colonel Heady, I placed the words " by authority," at its head. On the 30th August 1823, I received the following letter from Mr. Secre- tary Cochran : Sir, " Castle of St. Lewis, Quebec, 30th August 1823. " I am directed by His Excellency the Governor in Chief to acquaint you that various considerations have determined him to entrust the Editorship of tl\e Quebec Gaxette in which you have hitherto been acting, to Mr. J. C. Fisher, to whom you will please to give such information as he may require respecting the mode in which that paper has hitherto been conducted, so far as relates to the expenses and profits of it. *' I have the honor to be, * ■*--■.■ -.■■' •■'-■^' Sir,. :-;^ " Your most obedient humble servant. ^* S. Neilson, Esqr. A. W. Cochran, Secretary." 1 have not I)cen able to find a copy of my answer'among my papers, but' the answer was in substance, that I would communicate with Mr. Fisher on the subject. No ai'rangements took place with this gentleman, and I re ceived on the 10th October, a letter from Mr. Secretary Cochranin the word- following: Castle T ( m ) MimUcs of Evidence . ! I ** Castlo of St. Lewis, Quebec, 10th October 1823. S!. Ndhon, Esi|, « Sir, 31st Jan. 1&S9* " Having' submitted to His Excellency the Gkivernor in Chief your letter of the September, stating your reasons for not beiuff able to carry on the Eublishing* of the The Quebec Gazette in conjunction with Dr. Fisher, as the iditor, on the terms he required, and on which alone he can make such an airan^ement ; I am directed by His Excellency to acquaint you, that as you have tailed in comiu;^ to u satisfactory understandin<^, it only remains for nira to carry into effect the determination, which considerations of the public in* terest have led him, as you are already aware, to adopt, by recaflinff your Commission as Kings's Printer, and leavin^^ the whole publication of The Quebec Gazette to Dr. Fisher, as Editor of the Gazette and Kind's Printer. Dr. Fislier will not be able immediately to enter upon the effectual execution of the duties belongings to the latter Commission, but he is authorized to make such temporary arrangements, as he may think proper, for conducting this part of his duty for the present. « lam Sir, Your most obedient servant. " Mr. S. Neilson. A. W. Cochran, Secretary." On the 4th November I addressed the letter subjoined to the Governor's Seci'etary. Sir, i^,fi"'"';-:r i^'iilt. " Quebec, 4th November 1823, • "I have the honor to request that you would be pleased to furnish me with a certified copy of any complaint which may have been laid before His Ex* cellency the Governor in Chief, against me, in the office which I had the honor of holding as King's Printer, and of which I have lately been deprived. Also certified conies of all such statements, documents and evidence, as may had been laid before His Excellency the Governor in Chief relating to, or in support of such complaints, and remaining in your office. ** I have the honor to be, . f- Sir, Your very obedient and humble servant, Samuel Neilson," To vvliich I received the following answer : Castl* \' \ If. ^ i ! *;. m ... ... ., ! I ^ m L': M'V W t S. XeilMiit Esq. " Sif, ( 160 Minutes In answer to your letter of this date, requestinj^ to have communioation of Dooaments which you conceive to be lodged of Record in this Office, I caa only 8ay, that in cases where an individual wishes to obtain information from the Council Office, respecting matters of State, it is necessary in the first instance to obtain the special permission of the Governor or person Adminis- terin|rthe Government of the Province, without whose authority it would b« a breach of trust on the part of Clerk of the Council, to make any oomi' munication of the kind^ lam, , , ,» Sir, . , Yourobdt. hble. servt« Mr. S. Neilson, Qubbec. HpRBfAN W. RtLAND. ■. ^ The Proclamation I have alluded to, had been published in the interval, tr\t\\ a notice, in the Mercury, some days preceding the day of its publica* tiou. 1 subjoin both, Province of Lower Canada. PALHOUSIE, Governor, ,^ \V Qeorfre the Fourth, bv the Grace of God, of the United Kingdom of (^re^t ^Britain and Ireland, King, Defender of the Faith. To all to whom these presents shall come, or may in any wise concemt Greeting : A Proclamation, Whereas, by Letters Patent, under the Great Seal of our said Province of Lower Canada, bearing date at our Castle of St. Lewis, in our City of Quebec, the third of July, in the year of our Lord 1822, and in the third year of oiu> reign, we did assign, constitute and appoint Samuel Neilson, Jentleman, to be our Printer within our Province of Lower Canada, for and uring our pleasure, under and by virtue of which said Letters Patent, since the date thereof, the said Samuel Neilson has printed and published the Quebec Gazette : And whereas by Letters Patent, also under the ^r«at " 0*4 ">■■ ,»! 'i ' J: . S -J 1 1 if <;S I'' '4 Mr. 5, c ( 170 ) ' Minutes of Evidence. Seal of our said Province, bearing dato at our Castle of St. Lewis, in our iVf t/iOM. g^jj City of Quobco, tlio twenty rjiccond day of this prosent month of Oc "^^ tober, we have do(!hin»d the above-mentioned Letters Patent to be null and 3tkt. Jan. I8i20 void and of no eftVct, and have a8Hi(;ned, constituted nud appointf^d Jolin Charlton Fisher, Khiquire, Doctor of Laws, t») be our Printer, within our said Province, in the room and stead of the said Samuel Ncilson, with full power and authority, all and every the rights and duties belonging to the said Office of Printer, to exercise and perform ; And, further, M'hereas by our Let- ters Patent, under the Great Seal of our said Province, also beanng date at our Castle of St. Lewis, in onr said City of Quebec,the8aid twenty-second day of October, we have assigned, constituted and appointed the said Joliu Charlton Fisher, to be Editor of the Quebec Gazette, with full power, all and every the rights and duties belonging to the said Office of Editor, to ex> ercise and perform ; to have, hold ana exercise and enjoy the said Olfice of Printer and Editor of the Quebec Gazette, unto John Charlton Fisher, fur and during onr pleasure. Now therofore hnow ye, 'that we do hereby make known the same to all our servants and Ofllicers of the Crown, and by these presents do require all and every the servants and Officers of the Crown whomsoever, and particu- larly all Sherirt's, to take notice of the same and govern themselves accord- ingly, and all and every the Sheriffs, Officers and servants of the Crown are hereby especially directed to insert all Official communications. Notices, and advertizenients whatever, relating to their Offices and the duties and service^ of their said offices respectively, in the Quebec Gazet^ so to be printed bj the said John Charlton Fisher, and by his successt in Office, duly ap- pointed under and by virtue of Letters Patent under the Great Seal of our said Province. In testimony whereof, we have caused these our Letters to be made Pa- tent, and the Great Seal of our said Province of Lower Canada to bo hereun- to affixed. Witness onr Trusty and well beloved, George, Earl of Dalhou- sie. Knight Grand Cross of the Most Honorable Military Order of the Bath, &c. &c., at our Castle of St. Lewis, in our City of Quebec, in our saia Province, the twenty-third day of October, in the year of our Lord oue thousand eight hundred and twenty-three, and in the fourth year of our Reign. D. o, Ls. Montizambert, . ' \ Actg. Prov. Secty. (Extract from the Quebec Jlfcr«/ry.) ;^ . , Castle of St Lewis, ^ - i i- . . , » . Quebec, 17th Oct. 1823. His Excellency the Governor in Chief having found it expedient to en- trust the Commissions of Editor and Printer of the Quebec Gazette to John (uharlton Fisher, Esq. L. L. D. ^•^ > • ' PubUc h4 i^ ■.■■•, s m.. ( 171 I Minutes of Evident*, Pablic notice is hereby ifiven thereof, and the Quebec Gaeette will, for « xr •; .* the preHcnt, and until further arrauffemeutN can be made, be iMsued and pub- ^ ' ^ "'''^""^ Imbed" By authority," from the Office of the Quebec Mercury, on Tburs-^ T* "' day in every week, of which all Public C)fficoi*8 and Departments of ihe'^*'^* *''"'• ***'' Civil Govcrnmcut are required to take notice, and govern themselves accord- ingly. . **' By Command of His Excellency , the Governor in Chief. (Signed) Andrew William Cochran Civil Secretary. I instituted proceedings in the April Term of the King's Bench, at Quebec, laying claim to the right of printing in my paper, the Sheriffs Advertizeroents which had, since the pro<;liunation communicated above, been publiHhed in the new Paper which had assumed the title of mine, by Order of His Elcol- Icncy Lord Dalhousie. I again addressed the Clerk of the Executive Council,as follows : ^ Sir, Quebec, 15th April 1824. I am advised by my Counsel, in the proceedings now pending in His Majesty's Court of King's Bench for this District, relative to the Quebec Gaiette, that a copy of any entrjr or entries, in the Register of His Majesty's Executive Council for the affairs of this Province, on the subject of the annulling of any Commission of King's Printer, or relirting to the insertion in the Quebec Gazette of the Sheriffs Advertizements, required by the Ordi- nance of the 25th Geo. 3, cap. 2, are necessary for the ends of Juiitice in the said proceedings, as also of the names of the Councillors present ia Councii at the time, to which such entry or entries relate. I therefore feel myself bound to request of you as Clerk of the said Execu- tive Council, a certified copy of any such entry or entries M'ith the names of the Councillors present. » I have the honor to be, ' i Sir, Your very obdt. humble servt. (Signed) Samuel ISeilbon. To the Hon. H. W. Rvland, ) Clerk, Executive Council. ) I subjoin Mr. Ryland's answer. Sir, Executive Council Office, Quebec, 16th April 1824. In answer to the letter I have this day received from you, requesting t; !' ( m ) MinuUt of Evidence. tu V k D' I I II *» jvetfian *<> ^« fUrnUhed with a " Copy of any entry or entries in tlio Rojfittor of lli» . ' ' ! « Miuesty'H Executive Council," on the subject of your CommiKHJon of Slat. Jan. 1889. Kinjpj Printer, &c. &o. I am under the necessity of replyinif, as I did to a ' former application from you of this nature, that, without the special nuikv tionoftne Oorernor, lean make no communication from the IteconUof the Executive Council, and that i: is absolutely necessiiry you she ild, in the first instance, obtain His Excellency's authority to enable mo to jfive you any information relative to the proceedings of Ilis Miyesty's Executive Council, on raatten of feitate. H 1 1 \ ; ■* ■ \ ri- ll ''■\ 1 1,'; !■■; ' ■■' It- -.■ : i v Vk. ■■ '^■..^•u- y li MM.:.ii Mr< Neilsoo. I am, Sir, Yonr most obdt. humble servt. (Signed) H. W. Ryland. tn the mean time the proceedings in the Court continued, and the motions made by my counsel for a mannamus, to Mr. Sewoll, Sheriff, and uu in- junction to Mr. Fisher, the Printer of the new Paper, were dismissed with costs, on the 1 9th June 1 824< : and I place before the Committee the Judg- ment delivered by Mr. Chief Justice Sewell. Exparte. Samuel Neilson. King's Bench, Quebec. On motion for a Writ of Manctamus^ We have before us a motion on the part of Samuel Neilson, for a Writ of Mandamus^ directed to the Sheriff of tnis District, commanding him to caused to be printed in a newspaper, which i8 published by Samuel Neilson, under the Title of the " Quebec Gazette," nil Advertizements required to be pub- lished in the execution of his Office, when Lands and Tenements are seized to be sold by Decret* This motion is founded upon nfBdavitsr made by John and Samuel Neilson, in which it is stated, that m the year 1764-, William Brown and Thomas Gilmore, established in Quebec, with their own funds, a newspaper, inti- tuled. The Quebec Oazette. That on the death of the said Wm. Brown, the said establishment was purchased by his Nephew, Samuel Neilson, who coutimied the newspaper, and left it by Will to his Brother, John Neilson. That on the 1st of May 1822, the said John Neilson sold his printinsp es- tablishment and his right to the Gazette to his son Samuel Neilson and Wm. Cowan, and since that period, the said paper has continued to be printed by the said Samuel Neilson and William Cowan, for their benefit. It is also stated, that during the whole of the time since the establishment of the afore- mentioned newspaper, {he Advertizements required by the Ordinance of the •5th. Oeor in, cap. 2^ sec. 23, to be published in the Quebec Gazette, when Land» I preroffntive Writ, to which the suhjcot is Rox vt. Parker, hewn to the 8atiHtuction of the Court. The 2 Dun. 1265. ( 173 ) Minutes ofEviclincii Lands and Tenements nre taken in execution hy the Sheriff, wer« puUiitii- cd in the paper printed under that Title, by Samuel NeiUou und hiH prede- ^'- ^ ^''«'""»» cetfhors. — ■-^^-.— The inference drawn hy tlio applicant, Samuel Neilson, from the facts^'''**^*"*'"* IhuHHtatcd: thathya just construction of the Ordiiiaiue in hiN favor, the ISlu'riffoujfht to ho restrained from puhlishiufr IiIh AdvertizemcntN of Salen by Decret in another paper, which is also entitled the Quebec Oa/ette, and is published under the authority of the Crown, hy llis Migesty's Printer ; ana the Mandamus is asked to restore him to hi» ri^ht of piiutin<|f all such Advcrtizements upon the pjouiul, that title to the Quebec (hizette originally printed by Brown and Oilmore, is vested in the auplicant, and that the Ordinance directs the Sheriffs' Advcrtizemcnts of Sales by Di^cret to be in- serted in the " Quebec (iazette." The Writ of Mandamus is a entitled upon n proper case s object of tliis Writ is to prevent ame is hereby rejected, with costs. ') • u T-.!: Wednesdaiji ' ( 175 ) Minutes of Evidence. fVednesdai/, ith February 1829. Present: — Messrs. Fi^cr, Heneyy Ltfebvre, Leslie and Cuvillier. Mr. Viger in the Chair. Mr. Pierre Trignnne, Mr. Pierre TrigannCy of the Borough of William Henry, Bailiff of the ^ Xourt of King's Bench, appeared before the Committee, and was ^^^ I'eby. 1829. examined as follows: — 749. — How long have you been resident at William Henry ? For nearly two years. 750. — Was the election for the choice of Members to serve in the Provin- cial Parliament, in July 1827, warmly contested in the Borough of William Henry ? Yes. 751. — Did you interest yourself about the election, did } on takea part in it, and m whose favor ? Yes — in favor of Wolfred Nelson. 752 — Were any threats used towards you about punishing you, or causing you to be punished for having taken part in the said election ? Dr. Von Iffland came to ray house in the afternoon of the 2d or 3d day of the election; he told me to take good care of myself for that the Attorney General was angry with me, because it appeared that I took part in favor of Mr. Nelson ; and that it might happen that he might do me a mischief, as he had much influence with the Sheriff". On the following morning he came tp ask me on the part of the Attorney General, whom I was going to call on at Mr. Burke's ; he said to me, " are you not a public officer ?" On answering in the affirmative, he said to me, " it seems that you are making ffroiit exertions against me." I said to him, " it appears that you are preju- diced against me." He asked me, if I had a vote to give for whom I should ^ve it, I told him that I did not come there to flatter him, aiid that if I had a vote, I should give it to whom I pleased. 753.— Did you hear threats used at the poll towards the electors who came t{) give their votes ; and by whom and to what electors were they used ? I heard the Attorney General say to several persons who appeared to have come for the purpose of voting for Mr. Nelson, and who afterwards voted for him, " take good care of yourselves, for if after you have taken the oath " it appears that you have no right to vote, I shall prosecute you ; and if you " give a false vote, you will be guilty of perjury, and will be put in the pil- " lory ; Mr. Nelson won't take your place for you." 754. — Was Mr. Von Iffland whom you have mentioned above, a Magistrate in the Borough of William Henry, and is he so still ? He was at that time, and I believe he still is. 755. — Was he a warm partizan ; and in whose favor ? ]lle appeared to be a wai*m partizan of the Attorney General, Narcissse w i C 176) Minutes ofEpidence, w. '*■ Ffj J if m Narcisse Crebassa, Esquire, of William Henry, Student at Law. was then Milled in and examined as follows : — 756.— Do you reside at the Borough of William Henry, an4 how N. Crebassa, have you done so ? Esq. I was born there, and I ar.» twenty four yeai*s of age. ^-- ^/ ' 757. — Was the last election of Members to serve in the Provincial Parlla- 4lh Fcby. 1829. ment, in 1827, warmly contetsted in the Borough of William Henry ? Yes. 758. — Did you attend at the poll during the continuance of the said elec- tion ? Yes — the ffroater part of the time. 759... .Do you know that threats were frequently used towards the electors who came to vote ? ' Yes — on the part of one Candidate (Mr. Stuart, the Attorney General,) to- wards many of tlie electors who came to vote for Mr. Wolfred Nelson the other Candidate. 7G0. — What were thesethreats ? He said to many of the electors who came to vote for Nelson, that they had po right to vote ; and that if they A'oted witliout being very sure that they had a right to vote, he was Attorney General, thathe would prosecute them and cause them to be put in the pillory : And when Mr. Nelson assured them that they had a right to vote, Mr. Stuart told them to take good care ; that Mr. Nelson would not put himself in their places, that he might beajyood doctoi , but that he did not iniderstand the law ; many were iqtimidatcd by thvjse speeches, and did not vote until some time afterwards. 761. — Were not several electors arrested and put under bail during the course of the election ? Yes — I believe seven or eight. 762. — Do you know that a man of the name of A. Gerraaip, the elder, voted at the said election, and in M'hose favor ? Yes — he voted for the Attorney General. 763. — Had this A. Germain, lo your knowledge, any real property belong- ing to him? No — he had made a donation of all his property many years before, and had only a lifo rent, a circumstance which he hiniseif explained at the poll, be- fore he voted. 764. Was ranch opposition made to his vote being received, and was there much discussion on this subject; and what passed at that time? Mr. Nelson remarked to him that haviuff made a donation of all his proper- sr ty he had no right to vote, and told him to take good care of what he was about to do ; on which A. Germain showed some repugnance to taking the bath. The Attor?iey General said that in his quality of Attorney General he told him he had a right to vote, and bade him fear nothing. The Attorney General restored Ms courage by taking his hand and putting in on the Testa- ment for him ; he then took the oath as a proprietor, and voted for Mr, ^tuart. 765. — Do you know that many other persons iu the same situation as A. * Germain TIP' C 17' ) Mtnutts of Evidence. ', was then Oermnln, voted in consequence of the opinion the Attorney General pronoun- ced willi respect to Germain ? ■^• After Mr. St. Germain had^ivenhis vote, two persons, one named Assant,, Crebas^A, Esqr. r H and the other Heu rfiYCournoyer, who also made donations of their propcrty,4j|^ jr^^ now long ■ ^,yjp,j (Qy ivIj, Nelson : w'.ien they offered to vote, the Attorney General oh- Gial Parlia. ry? e said elcc- he electors eneral,) to- Nelson the at they had at they had te them and sured them care; that t be a jifood midatcd by during the the elder, :ty helonj- re, and had e poll, be- l was there lis propcr- at lie was taking- the Tcneral he Attorney the Testa- (dfor Mr. tion as A. Germain 1829. jfcted to them, sayinof that havingf made donations of their property they had 1)0 ri{!fht to vote, and that he would prosecute them for perjury; upon which several persons, and the men themselves, observed that Mr. Germain haviii» voted and beinjf in the same situation, they had arijrht to do so: and they did vote cfter having taken the oath on the requisition of the Attorney Gene- ral. 7G6. — Were Assaut and Cournoyer, of whom you have spoken, indicted for perjury at the Court of Kii^g's Bench for Criminal matters at Montreal ? Yes. 767. — Was Germain himself prosecuted in the Court of King's Bench ? No. 768. — Were there several other electors, whose votes were objected to by Mr. Nelson, as those of persons who had no real property, and who did not pay a sufficient rent to qualify them ? *riiere were several. 769. — Did several of these persons take the oath to qualify them as proprie- tors or tenants ? Yes — several- 770. — Were any of the electors who voted for Mr. Stuart, at the said elec- tion, prosecuted before the Court of King's Bench P Several were indicted for perjury, arrested in consequence, and put under bail ; but I do not know that the ' rosecutions were carried on. 771. — Did the Attorney General prosecute several of the electors, who voted for Mr. Nelson, at the Criminal Court ? Yes — he prosecuted severnl- Mr. Michael Glackmeyer, of i*ci thier, appeared before the Committee, and M-as examined as follows : — 772.— Did you attend the last election for the Borough of William Henry, jvf. Ghckmi/er. and in what capacity ? v~ I attended in the capacity of Clerk of the noil. 773. — Who were the Candidates at the said election ? James Stuai't, Esquire, (the Attorney General) ; and Wolfred Nelson, Es- (juire. 774. — Did this election last along while, and was it warmly contested ? It lasted a long while, and was warmly contested. 775. — Was the Governor, (the Earl of Dalhousie) then residing in the Bo- rouifh of William Henry ? He was livinn- in the Government House at 8orel, a short distance from the , Boroun^h. 776. — Did not the Governor's Aide-de-Camp come veiy often to the poll ? I have seen him come there several times in a day; and on each occa«ioa he spoke to the Attorney General, whom he drew over on one side. Z 777. I i ( 178 ) MinuUs of Evidsnct. mi - . -, , 777. — Do you remember that a man of the name of Germain, the elder, vo. ^.GlacltemeyeT.^^^ at the said election ? *■-" 'V • Yps 4tb Feby. 1829. -^-^ t i aw. • i • i. o ' 778. — To whom did he give his Tote ? ' ' To Mr. Stuart. 779. — Was much opposition made on the part of the other Candidate to his l?einlit to vote or not;" upon which Mr. Stuart said to him, "my friend, fear nothinrr, I " tell you in my quality of Attorney General that you have a right to vote, and " thatyour vote is good." Mr. Nelson then required that be should take theoath as a proprietor; St. Germain still showed some reluctance, and even appeared to wish to withdraw, when the Attorney General said to hira " that In niijilit take the oath without fear," — he took his (St. Germain's) hand andplaciu;rit on the Testanient, again said to him, " my friend, you may take the oath without fear, your vote is good." Germain then took the oath as proprietor, and voted for Mr. Stuai-t. 780. — Did this man come to the poll before that time for the purpose of vo- ting, and withdraw without giving his vote ? Yes. 781.— Why did he then withdraw ? In consequence of some remarks made to him by Mr. Nelson, that he hv\ no real property, and had therefore no right to vote. 782. — Do you know that a man of the name of Assaut, and another of tlie name of Heu dit Cournover, came afterwards to vote ? Yes. 783. — Was any objection made to their votes being received, and by whom ? The Attorney General objected to their votes being received, saying that they were not jjroprietors ; on whicli a number of the electors present remarked that they had the same right to vote as Saint Germain, since they were in a similar situation. 784. — Were several of the electors wholiad voted in favor of Mr. Nelson,ar- rested and put under bail during the course of the election, as being accused of perjury ? Many were so, immediately after they had given their votes ; some not an hour afterwards. 785. — Did you hear the Attorney General frequently require the presence of Mr. Welles at the poll ? Yes — he complained that Mr. Welles was not there and caused him to be sent for ; and when he came reproached him for not reraainin* there. 786. — Were threats used towards the electors who came to give their votef, during the course of the election; and by whom '^^•ere they used ? Threats were very frequently used, and by the Attorney General alone, to- wards those electors who came to vote for Mr. Nelson. 787. w ( 179) Minutes of Evidence. 787. — What was the nahire of these threats? xt ri i Whenever an elector came to vote for Mr. Nelson, he would say, ad- T^ ^^^'^'^•y^; ilnwJii;; lilmself to the Heturning Officer, *' Let him swallow all the oaths ;" ^^|j p^^ .^^ Ik (((id them to take good care of themselves, for that if they had not a right to vote, they should he prosecuted for perjury and put in the pillory ; that Mr. Nelson would not put nimself there in their stead ; and he made use of many heavy threats in order to intimidate them ; he told them that as Attoruey (icneral lie would prosecute them. 788. — Did Mr. Nelson himself remai'k to some of the voters who came to vote against him, that they ^vcre laying themselves open to prosecution for perjury ; and what passed on this occasion ? ^es — he told them that they laid themselves open to prosecution for per- jury, upon which the Attorney (General said directly, " Don't he afraid, as " Attorney General I tell you that you can vote, that your vote is good ; and "and as Attorney (General I tell you that you have nothing to he afraid of, "and that it will not he Mr. Nelson that will plead your cause." These scenes and other similar ones, were frequently repeated during the elec- tion. '■' ' ' ■ ' "' [Adjourned. Saturday, "^th February 1829. Prfsent : — Messrs. Vigcr^ Henci/y Lefebvre, Leslie and Noilson. Mr. Vigor in the Chair. WilliamSinithSeive.il, Esfjuire, Sherift' of the District of Quebec, appear" ed again hefore the Committee, and was examined as follows : — 789. — Did j-^ou receive orders to publish the advertizements of the seizures ^r, g, SewelU and notices of immoveable property under execution, in the new Quebec Esquire. (Jazette puhlished by authority, since the year 1823; what orders did you' — ■ — •- ' receive on the subject; and if you have any, produce them ? 7th Feby. 1829. 1 received no particular order from the (^oveniniiMil, «'if('(>j)t those contain- ed ill the Proclamation ifisued by the Governor In Jsiii) 1 liiuu further, the following documents to produce on this subject : Sir, In the cases \ :^erein we are concerned for the Plaintiffs, we have to re- quest that you will continue to insert the advertizenients in the Gazette which was in esse oi tlie time of the passing of the Provincial Ordinance 25th Geo. III. and which Mas then and now is known by the name of the Quebec (xazette, and wh-^rein such advertizemeuts have been hitheito usually inserted by the Sheriffs of the different districts. Responsible \ ( 180 ^ JdinuUi of Evidtnee, W, S. Sewell Responsible as we are to onr clients for the legality of the proceeding upon Enquire. * these sales, and conceiving that the above mentioned Gazette is the only one v,^— >.^. — *in which these advortizeinents can lawfully be inserted ; We have only to add 7ib F«by. 1829. that in the event of this notice not being complied with, our clients will bo advised to look to you for the consequences. W© are, Sir, ' Quebec, Slst October 1823. W. S. Sewell, Esqr. Sheriff, &c, Quebec. Your obedient servants, ■-■■■■• (Signed,) Stuart & Black, Sir, Quebec, 23d October 1823. -, In answer to your request that I should inform you in which of the Qnehec Gazettes, the cases wherein lam concerned for the Plaintiffs should be pub- shed. It is my opinion that the Quebec Gazette published by authority of Government, is that in which Sheriffs sales ought to be published, roiit'oniu- bly with the legal sense of the Ordinance of 178.5. 1 however think it pru- dent that j^ou should publish the sales in which 1 .im concerned in botii tia- zettes, until the question shall have been put at rest by decision of the proper authority, or until you may have received positive iustructions of the course you are to pursue, iu this respect, from His Majesty's Government. I am, Sir, Youi* obedient humble servant, (Signed,) Bobkrt Curistib. W. S. Sewell, Esquire, Sheriff. Finding myself placed in the most embarrassing situation, with respect to the advertnBeraents which the law requires to be made previous to the sale of immoveable property, owing principally toobjectionsM'hich have been startedby the parties as to the right and the justice ofinvolvingthem in double expenses. Foi having received no other communication on this subject than your letter in the Mercury of Friday last, which does not refer to the advertizemeutsfor Sheriffs' sales, I had determined to make duplicateinsertionstill I had received the pleasure of His Excellency thereon. I beg leave to enquire whether it be the intention of His Majesty's Government tSat the ad vertiaements above •■ -■ ■ ■ ■■' \--_\ .._, -..'V , alludfd « , ( 181 ) Minutu of Evidtnct . alluded to, shaU be made in the Quebec Gazette printed by authority, or in the Quebec Gazette printed by Samuel Neilson. W. S. Snvettt (Signed,) W. S. Sewell, Sheriff. . ^'^'' j. A. W. Cochran, Esqr. &c. &c. 7ih i,,,by. 1820. 10th November 1823. i' Dear Sir, There will be no objection to your inserting- your official advertizoments in the Quebec Gazette of Neilson and Cowan, or any other ])rivate paper in which the parties wish them to be inserted, and are wiliinjyc to pay for the ad- ditional expense, it beinor well understood that they appear also in the Ga- zette published by authority. "' Yours truly. Monday. W. S. Sewell, ISsqr. Sheriff. (Signed,) A. W. Cochran. 790. — Have yon since that time constantly published the said advertizemeuts in the new Gzizette ? Yes. 791. — Have not all the advertizemeuts of the same nature made by the She- riffs of Montreal and Three Rivers also been, since the same time^, inserted in this new Gazette ? Yes. !(■ ■I ^-^"•f it Apppendix A. r Pistrict of ? Moutreal. 5 . . King's Bench, FebniaryaudMart'h 1824. The names of the Grand Jury, to ennuiro for our Sovereijra Lord the Kinw, and the body of the District, summoned to be and appear before our said Lord the King, in His Majesty's Court of King's Bench, holding Criminal Juris- diction for the said District, on Wednesday the Twenty-ftfth day of F«bru. arj', at Montreal, in the said District, and in the Year of our Lord ISJil. Francois Autoine Larocmie, Esquire, Foreman. John Forsyth, Francois Desrivi^res, Thomas I'orteous, Jacques P. S. De Bcaujeu, Samuel Gerrard, Joan Bouthillicr, Henry McKenzie, Nicolas B*Mijamin Doucet, George Moffat, Jacques Hervieux, Thomas Andrew Turner, liOuis Ro)' Portelance, Esquire. Horatio Gates, Pierre De Bouchervillc, Francis Badifley, Jean Marie Caaieux, Jtvhu Fleming, Jean Philippe Leprohon, John Molson, junr. Alexis Laframboise, Robert Unwin Harwood, Thomas Bedouin, John Brown, i> » n £sq)iire, Certified, John Delisle, elk. c. 25th February 1824. (Signed) Fredk. W. Ermatingeh, Sheriff Oyer and Terminer. August and November 1824, The namos of the Grand Jury, to enquire for Our Sovereign Lord the King, and the body of the said District, summoned to be and appear before His Majesty's Justices, at the Session of Oyer and Terminer and General Gaol Delivery, for the said District, on Tuesday, the tenth day of August, at Moutreal, in the said District, and in the year of our Lord 1824. Thomas Blackwood, Esq., Foreman. Frauf ois Rolland, John Molson, JSenr. Thomas Barron, Esquire. » Robert Armour, Austin CuviUier, John Jones, Senr. Esquire. » Jacquci ■"J , ( 183 ) Appendix (A.) roll \m^. the Kii% r siikl Lord liuul Jiiriis- y of Febru- )rer 1824. 1 Lord the pear before id General of August, Esquire. Jacquci Jacques Vinfcr, Esquire. Jiuups Millar, J(»s('ph IVrrault, Henry OrllKn, ^ Jules Qii«"Hnol, Thomas Thnin, rii'iro Ainal»lo Di'zery, Duvid Hutulysidc, Paul Joseph Lacroix, »» >» >i ft n >» » Adam Lymhurner Macnider, Esquire. Pierre Iiorvieux, ,, John .lamioHon, Jo»(>i)h MusKon, Robert FroHte, Joiseph Koy, Charles (iraiit, F«lix Soulii'iii Certified, John Dfxisle, elk. c. 10th August 182 k (Signed) Fredk. W. Ermatinger, Sheriff Montreal, ? to wit : S The names of the select men, summoned to he and appear hrfore Ilig Ma- jesty's Justices at a Session of General Gaol Delivery for the said L^iutrict.on Tuesday the 10th day of August, at Montreal, in the said District, and in the year of our liord 1 8'2-}<. Julien Perrault, Stanley Bagflf, Pierre Beaudrie, Kenneth Walker. Certified, (Signed) Fredk. W. Ermatinger, Sheriff. John Delisle, elk. c. 10th August 18^4. King's Bench, August and September 1824. The names of the Grand Jury, to enqTure for our Sovereign Lord the Kinjr, and the body of the said District, summoned to he aud appear before His Majesty's Justices of the Court of King's Ben H >l »> II »> »l M Certified, John Delislc, elk. c. (Signed) Fredk. W. Ermatinger, Sheriff. 24th February 1825. 'I it : Kinir's Bench, August and September 1825. The names of the Grand Jurjr, to enquire for our Sovereign Lord the King, and the body of the said District, summoned to be and appear before His Mivjesty's Justices of the Court of King's Bench, in and for the said District, on Saturday the twenty-seventh day of August, at Monireal, in the said District, anil in the year of Lord 1825. Hugues Heney, Esquire, Foreman. JohnMolson, Senr. Pierre De Rocheblave, Peter McGill, Austin Cuvillier, George Auldjo, William Stephens, Jean Philippe Leprohon, Robert Armour, Thomas Barron, Esquire » n »y n » James Mc(Jill Desrivi^res, Esquire. Alex. McKenzie, „ Pierre Hervieux, „ Joseph Shuter, „ Jnles Quesnel, , „ Norman Bethune, . . „ Joseph Roy, „ Robert Unwin Harwood, n Felix Souligny, „ William ( 185) Appendix (A.) Bi^nJATnin Hurt, Charles Stuart, Eiqulre. William Blackwood, Esquire. Pierre De Bouoherville, „ Henry Griffin, „ (Sitrned) Fredk. W. Ermatinoer, Sheriff. Certified, John Deusle, elk. c. \4 •> II II II ' >i lille. II II II •1 II :er. Sheriff. Kinjf's Bench, February and March 1826. The names of the Grand Jury, to enquire for our Sovereij^ Lord the Kinf February, at Montreal, iu the said District, aud in the year of our Loid 1827. John Molson, Sen. Paul Jos. Lacroix, Esquire. George Garden, „ Jacques P. S. De Beaujcu, „ Horatio Gates, „ Jean Bouthillier, „ Louis Guy, Thomas Porteous, Thomas Barron, -* Robert U. Hai*wood,t Nicolas B Doucet, Henry Uiffin, »» V »» (Signed) Certified, John Delisle, elk. c. 24th Febv. 1827. Esquire Foreman. Jacques Viger, Esquire. William Blackwood, » Jacques Hervieux, . » Benjamin Hart, » Felix Souligny, » Robert Armour, » James McGill Desrivi^res, » Samuel S. Bridge, » Jules Quesnel, » Robert Froste, „ Alexis Xaframboise, « Charles Stuart, >» Fbed^;, W. EiiM^TiNGER, Sheriff. OrsR SR, Sheriff rch 1827. n Lord the jear before or the said real, in the •\ \ \ ( 187 ) Apptndir (A.) Oyer and \\mixER, May 192\\ The names of the Grand Jury, to enquire for our Sovereign Lord the Kin*. and the body of the said District, suraraoned to be and appear before His Ma- j^sty s Justices at a Session of General Gaol Doliv^rj-for the said District, on Thursday the third day of May, at Montreal, in the said District, and in the year of our Lord 1827. Franfois DesrivJeres, CTeorrt;e Moffatt, Pierre Amable Dezery, Charles Grant, Pierre Hervieux, Thomas A. Turner, Joseph Perrault, George Auldjo, Louis Roy Portelance, John Jones, Senr. Hugues Heuey, 3d May lg27. Certified, John Forsyth, Esquire, Foreman, Esquire, « « « C( u \. Francis Badglev, \^ Thomas Bedouin, Joseph Shuter, Austin Cuvillier, John Fleming, Charles Fremont, Andrew Porteous, Jean Dominique Bernai'd, Norman Bethune, Bernard Leprohon, Charles Bancroft, Louis Huguet Latour, Esquire, \ it « \« «c u « (Signed,) JohnDelisle, Clk. C. L. GuGY, Sheriff. The names of the selected men summoned to be and appear before His Ma- jesty's Justices at a Session of General Gaol Delivery for the said District, on Thursday, tlie third day of May, at Montreal, in the said District, and in the year of our Lord 18'i7, Stanley Bagg, John try. 3d May 1827. Certified, Pierre Beaudry, John Donegany, (Signed,) L. GuGY, Shmff. John DELisLE,Clk, C, ^^1, \ I R, Sheriff. ■^-■:i. Ki.Mi'* Ik Appendix (A.) KiNi^'s Bench. Septeiaber Term 1827. The names of the Grand Jury, to enquire for our Sovereign Lord the King, and the body of the said District, summoned to be and appear before His Ma- jesty's Justices of tbe Couit of King's Bench, in and for the said District, on Saturday, the first day of September, at Montreal, in the said District, and in the year of our Lord 1827, . Sam^l Hatt, Esquire, Thomas BlackvFood, Esquire, Pierre De Rocheblave, t( Peter McGill, (C Jean Dos«aull«8, i( Adam 1.. McNider, (i Nicolas E. L. Dumont, (( John Molson, Junr. « Fran^^ois Aut. Larocque, M James Leslie, (( Jeaa B. R. H. De Rouville, i( James Millar, « Jacques Deligny, t( Foreman, Lawrence Kidd, Antoine Filion, Joseph Masson, William Peddie, James McGill Desiivieres, George Davies, Gabriel Marchand, William Stephens, I Peter Wilbrenner, Turton Penn, Michel Turgeon, Esquire, ill. 8. — Dora. Rex, vs. Samuel Davis and Matilda Davis, his Wife, Indt. for felony, in stealing a promissory note. — True bill. 9.— Dara. Rex, vs. John M'Ewen. Indt. for Grand Larceny. — True biU. Feby. 25th 1826. 10. — The King vs. Ang^lique Langlois as principal, and against Joseph Mallet and Helen Fleet, his wife, as accessary after the fact.'-— iiidt. for steal- ing above the value of 5s. in a shop. — True bill. 11. — The King, vs. lames Haughton, and Susan Smith, his wife Indt. for assaulting and beating one Patrick McGuire, and stabbing iiim with a knife, with intent to murder him. — True bill. 12. — The King, vs. John McEwen. Indt. for Larceny. — True bill. 1 3. — The King, vs. Jean Marie Rose. Indt. for stealing above the value of 40s. in a dwelling house. — True bill. 14. — The King, vs. Jean Marie Rose. Indt. for grand larceny.— True bill. 15— The King, vs. Joseph Lamarque.— — Indt. for grand larceny. — Trua bill. 16. — The King, vs. Joseph Goyette.— —Indt. for grand larceny. — True bill. 17. — The King, vs. Louis Jobin. Indt. for larceny. — True bill. 18. — The King, vs. Louis Masse, Jean Bte. Commeau, and Jacq. Choui. ni^re alias Jac. Sabourin. Indt. for grand larceny. — True bill. Feb^. 27tb. 19.— The King, vs. James Smith. Indt. for larceny. — True bill. 20. — The King, vs. Joseph Delisle. Indt. for burglary. — True bill. 21. — The King, vs. Hiram Gleason. Indt. for assaulting £. Knkht, a Bailiff of the 0>urt of King's Bench, in the execution •f his duty--^Tr»e m. 22.— The King, vs. John Shields. Indt. for larceny. — True bill. 23. — The King, vs. John Shields. Indt. for stealing above the value of 40s. in a dwelling house. — True bill. 24. — The King, vs. Michel Content. Indt. for grand larceny.— True biU. 25.-- ( 193 / Appendix (B.) Feby. 27th 1826. 25.— Tho King, vs. Joseph Botquin dit St. Andr^. Indt. for larceny.— True bill. ' 20.— The King, vs. Franfois Goyette. Indt. for sheep stealing.— True bill. 27.— Tho Kinar, vs. William Nichols. Indt. for stealing above the value of 408. in a dwelling house. — True bill. 2H. — The King, vs. Pierre Achim alias Catlin. Indt. for assaulting and Icntiug a Bailifl' of His Majesty's Court of King's Bench, in the execution othisofGce. — True bill. 29.— The King, vs. Isaac Johnson. Indt. for larceny. — True bill. 30.— The King, vs. John McEwen. Indt. for larceny. — True bill. 31. — Tho King, vs. Robert Mannagh as principal in the first degree, and Hugh Mannagh as principal in the second degree. Indt. for felony, by cutting off the lip of John McNiles. — True bill. 32. — The King, vs. AraableAne. Indt. for larceny. — True bill. Feby. 28th 33 — The King, yg. Toussaint St. Germain. Indt. for larceny. — True bill. 34. — The King, vs. Henri Garron. Indt. for grand larceny. — True bill. March Ist. 35.— The King, vs. Mary Minier Indt. for larceny. — True bill. 3G. — The King, vs. Paschal Lamesse. Indt. for larceny. — True bill. March 2nd. 37. — The King, vs. John Mina. Indt. for grand larceny. — True bill. 38. — The King, vs. Saraphiu Maisonneuve.— Indt. for grand larceny.— True bill. 39. — The King, vs. Thomas Brown. Indt. for assaulting and wounding Danl. Ager with a pitch-fork, with intent to murder him. — True bill. 40. — The King, vs. Thonm.s Brown, Hannah Smith, Robert Jones, Chs. Jones, James Percy, Elkanah Phelps, Samuel Luke and Peter Waters. — — ludt. tor conspiracy to break down and destroy the mill dam of Daniel Agers,, and for riotously breaking down and destroying part of the said mill dam. — A true bill against Thomas Brown, Hannah Smith, Chas. Jones, Jas. Percy, E. Phelps, Samuel Luke, and Peter Waters. No bill against Robt. Jones. March 4th. 41.— The King, vs. Robt. Managh, and Hugh Manaffh. Indt for as- sault and battery, with intent to murder, and also for bitingoff part of the under lip of John Niles. — True bill. 42.— The King, vs. William Jackson. Indt. for assaulting a Bailiff of His Majesty's Court of King's Bench, in the execution of his office.— True bill. 43.— The King, vs. Maria Badger, Indt. for stealing above the value of 40s. in a dwelling hojse — True bill. " ~" "■ " -Indt. for assaulting and beating George B 2 44.— The King, vs. Joachim Naulette.- ■ ■ ■ i-'^' . ^H li>'.-^l 1 W^ - ^ t ^ ' if Bf r ( 194 ) Apptndiit (B.) March 4th 183«(. George Miller, when lawfully employed ia the due execution of a warrant of a Justice of the Peace, specially directed tohim. — True bill. 45^ — The King, vs. Morril Magoon. Indt. for forgery. — True bill. March 6th. 46. — The King, vs. Celestin Fuseau, otherwise called C^lestiu Hoc. Indt. for assaulting and beating Thomas Fagnant, when lawfully employed in the execution of a warrant of two Justices of the Peace, specially directed to him. — True bill. March 8th. 47. — The King, vs. Hiram Ellison and Augustus Simkins. Indt. for larceny. — True bill. March 9th. 48. — The King, vs. Samuel Davis and Matilda Dp vis.-— --Indt. for frau- dulently obtaining a promissory note by deceit and on false pretence- True bill. 49. — The King, vs. Hiram Wright, George Rounds, Silvester Delano and Jeremiah Howe.—— Indt. for a conspiracy, riotously to seize and imprison Nathan Pierce, and forcibly and against his will to convey him as a prisoner to a foreign country, and for a riot so to imprison and convey him, and also for assaulting and beating him. — True bill. 50. — The King, vs. Jean Marie Desjardins. Indt. for felony for break- ing outof gaol.— True bill. 51. — The Kinff, vs. Joseph Moreau. Indt. for felony for breaking out of gaol.— True bill. March 10th. 52. — The King, vs. Joseph Verdon. Indt. for feloniously conveying spring saws into \ ae gaol at Montreal, in order to facilitate the escape of a prisoner. — True bill. . 53. — The King, vs. John Minx.i Indt. for stealing above the value of 408. in a dwelling house. — True bill. Certified, ^' ' ■ . ■ . , >■'■;■ ■■•• '.'i" " " < r, ■ . - v7 ' A • ., John Delisle, :.;;:.../ u-^r. ^:,;v,...,\,^,,..-;; , .; , , , ,_ Clk. C. >"\i ■■iiiH ;>» i'"."''tr'" No Bills. ':,y;.';v... •'. . Feby. 25th 1826. i.— The King, vs. Archibald Campbell.—- ^Indt. for larceny. — No bill. * ■ Feby. 28th. 8.— The King, vs. Gabriel Deguise dit Larose. Indt. for Burglary!— No bill. 3.— The King, vs. Lucie Geodron.^— Indt for ar8on.~No bill. ■ >■■'_* f H r^-TA n ( 195) Appendix (B.) Feby. 28th 1828. 4.— The Kin(r> ts. Joan Bte. Fontaine dit Bienvenue and fiazile Munro a« {rincinalR, and Joseph Fontainn dit Bienvenu as acccnsary after the fact.— • ndt. tor grand larceny. — No bill. • March Ist. 5. — The Kin^, vs. Thomas Cockbum. Indt. for felony, in robbing from the person of John Brooks. — No bill. March 4th. 6. — The King, vs. Gabriel Degiiise alias Gabriel Larose.— — I^dt. for Burg- lary.— No bill. 7.— The King, vs. Lucie Gendron. Indt, for arson. — No bill. March 6th. 8. — The King, vs. Thomas Harper. Indt. for stealing a mare. — No bill. 9. — The King, vs. Pierre Desforges, Louis Desforges and Pierre Grossier. Indt. for larceny. — No bill. • I V . March 8th.' •■■ 10. — The King, vs. Ellen Norris and Susan Waters. Indt. for grand larceny. — No bill. 11. — The King, vs. Robert McNabb. Indt. for arson. — No bill. 12. — The King, vs. Robert McNabb. Indt. for a misdemeanor, for setting fire to and burning his own house. — No bill. March 10th; 13. — The King, vs. John Brown. Indt. for stealing above 408. inadwel- B. — Nobill. ' • ?• ling bouse. Certified, ■' »^;' ;■'-»■;»....• *'■ <*.,/>. ■«/;.:,;; 'i^jri^i •.■..-•;• J I --Jj John Delisle, Clk. C, Court of King's Bench, CriminalJurisdicHon, -^X BilU found. ^ August and September 1820. s.. ■ '■• ' pt^ '-'i'- ■'- -r:^^ ; : August 28. Doniinus Rex, vs. John Johnson, -Indictmept foy stealing privily from the person. — True bill. Dominus Rex, vs. Germain Talbot, ^Indictnjent for larceny.— True billl ' . 3.— ^11 1 :! (196) Apptndix (B.) ill > I . ' ■ ' Aupfiint 28tli. 3, — Dominusllex, yR.Oeo. Mitchell, Indictment for lacrileffe in »teal« ingf good)* out of u Church.^— True bill. 4. — Dominus Rex, vv. Charles Fiisette,— ^Indictment for grand larceny, -True bill. ':ti\y -Indictment for burglary.— -Indictment for grand 5.— Dominua Rex, vs. Zephyr Lanariller True bill. 6. — Dominus Rex, vs. Jean T)te. Charbonneau,- larceny, Tnie bill. 7. — Domiuus Rox, vs. Margaret Miron, Indictment for stealing privily from the person. True bill. 8. — JDominus Rex, vs. Antoiue Depr6 dit Loranger,——— Indictment for stealing lamps. True bill. 9. — ^Dominus Rex, vs. Frans. Robillard dit Sanspitie,—— Indictment for stealing above the value of 408 in a duelling house. True bill. 10. — Dominus Rex, vs. Frans. Robillard dit Sanspitie, Indictment for grand larcenv, True bill. 1 1 . — Dominus Rex, vs. Frans. Robillard dit Sanspiti^,—— Indictment for stealing above the value of 408. from a dwelling house. True bill. 12. — Dominus Rex, vs. George Lorimier, Indictment for murder. True bill. August 20th. 13. — Dominus Rex, vs. Pierre Viger,—— Indictment for larceny, True bill. 14. — Dominus Rex, vs. Augustin Langevin alias Alexis Archambault, Indiutment for assault with an intent to ravish. True bill. 13. — Dominus Rex, vs. Julien Bouthillier, Indictment for stealing a- bove the value of £15 in a dwelling house, True bill. 16.— Domiuus Rex, vs. John Bowman,— ——Indict aient for larceny. True bill. 17.— Dominus Rex, vs. Marie Louise d' Or leans, Indictment for lar- ceny. True bill. 18. — Dominus Rex, vs. Margaret Latour,- bove the value of 408. from a dwelling house, True bill. Indictment for stealing a- August 30. 19. — Dondnus Rex, vs. Hilaire Grenier, Indictment for stealing above the value of 40s. from a dwelling house, True bill. 20. — Dominus Rex, vs. Francois Cazavant dit Ladebauche, and Frangoii jPoulin,—-— Indictment for burglary, True bill. SI.—- Dominus Rex, vs. Jean Bte. Mousseau,— -Indictment for larceny, IVuebill. -^:' , » ■ '■ t .-. I.- fc- .-I * "-^ (%. ft V • ■ 83. ,v bill, murder. ist 2gth. ly, True mbault, \r stealing a« arceny.— nent for lar« r stealing a« pist 30. Baling above nd Frangoii for larceny, ' . August 31nt. 22.— Dominus Hex, vs. Fran9ois Larivi^ro, Tndictnient for mansluuL'b- ter, True hill. * 23.— Dominus Rex, vr. John McDonald, Margaret McDonald, and Archi- bald McDonald, Indictment for grand larceny. True bill. 24<.— Dominus Ilex, vs. John McHJouald, Murgaiet McDonald, and Archi- bald McDonald, Indictment for grand larceny. True bill. 25.— Domiuus Rex, vs. Jcau Bte. Duscp, Indictment for larcenv — . True bill. ^' 1st September. 20. — Dominus Ilex, vs. Joseph Bouchard, Indictment for murder, "^0 bill for murder ; true bill for manslaughter. 27. — DomiiiUs Rex, vs. Patrick Duly, otherwise called Patrick McEwen, John Mitchell, Mary Mitchell and Mary McGuirc. Indictment for grand larceny. True bill. 28. — Dominus Rex, vs. Mathonr Verts.— ^Indictment for larceny.—— True bill. 29. — Dominus Rex, vs. Peter Williams, Thomas Tecatarago, Jean Bte. Checataga, Louis Chiiongue, Joseph Neu'utara and Charles Yontourre. ■ ludictment for stealing in a dwelling house and the owner being therein, put to fear. True Bill. 30.— Dominus Rex, vs. Henry Mongeon, otherwise* culled Gar^on Mono-e- on, MichelMongeon, otherwise called Fifine Mongeon, Antuine Benoit, other- wise called Garcon Benoit, otherwise called A ntoineNevinois and Francoif Lepine, Indictment for burglary. — — True bill. 31. — Dominus Rex, vs. Mataew Millan, ludictment for grand lar- ceny. True bill. 32. — Dominus Rex, vs. Joseph Pacquin, Indictment forirrand larceny^ True bill. ' 33. — Dominus Rex, vs. John McDonald, Margaret McDonald and Archi- bald McDonald, Indictment for grand larceny.— —True bill, September 2nd. 34. — Dominus Rex, vs. Joseph Bouchard,— —Indictment for manslaughter, -—True bill. 35. — Dominus Rex, vs. William Collins nd James Lang, Indictment for mm'der, True bill. September 4. 36. — Dominus Rex, vs. Joseph Masse, Indictment for carnally know* mg and abusing a female child under ten years of age. True bill. 37. — Dominus Rex, vs. Felix M'Cormick, Daniel McMillan, the elder, Baoiel McMUlaOi the younger and John Mahooey,—— Indictment for a riot ■':'"'■'• •■ "■- ' and A. w-*- ^H f ''if \i' ■M I,- «U .t, f !' r 1 I 1 1 ' i [ 1 J i w ' ■ 1 ii-'i ■ ■■■' Hi- ( 198 ) Appendix (B.) September 4. ;imT assault on Wra. AiJerson,and riotously and with force and violence pre- Tenting- him from raising and setting- up the frame of a wooden house. Tri c bill. 3g — Dominus Rex, vs. Patrick Daly, otherwise called Patrick Rily, other- miiic called Patrick McEwen, John Mitchell, Mary Mitchell and Mary M'Ewen Indictment for grand larceny. True bill. 39. — Dominus R<'x, vs. A.dolphe Noli n, Raphael Bropseau the elder Gene- Ti^vo Rejrnaud and Raphael Brosseau^the younger, Indictment for niur- iyr. True bill. September 5tb. • 40. — Dominus Rex, vs. Samuel Little, Indictment for a forcible entry and detainer. True bill. 41. — Dominus Rex, vs. Asa Fleming-, the younger. Indictment format liciously maitning and wounding a bull. True bill. 42. —"Dominus Rex, vs. Asa Fleming, the younger. Indictment for ma. liciously maiming and wounding a steer. True bill. September 6th. 43. — Dominus Rex, vs. Cliarles Smith, r Indictment lor stealing above the value of 40s.in a dwelling bouse. True bill. 44. — Dominus Rex, vs. Charles Smith, Indictment for stealing above the value of 40s. True bill. , ,, 45 — Dominus Rex, vs. LukeBowen. Indictment for assault with intent to murder .- -True billon 1st C ouut : No bill on 2d Count. September 7th. -Indictment for burglary .- 46. — Dominus Rex, vs. Alexis Verdon.- True bill. 47, — Dominus Rex, vs. James Duffin. Indictment for assaulting Mary Campion with a gun, with intent to murder. No Billon Ist Count. True bill on 2d Count. 48. — Dominus Rex, vs. Adam Johnson, Indictment for burglary. — r True bill. 49. — Dominus Rex, vs. John McFarlane, Indictment for Larceny. Tiuebill. 50. — Dominus Rex, vs. Patrick Daly, alias Rely, alias McEwen, and Mary Daly his wife, Indictment for larceny. 1 — True bill. 51. — Dominus Rex, vs. Bazile Demers, and Marie Belanger. Indict- ment for stealing a mare. True bill. 52. — Dominus Rex, vs. Bazile Demers and Marie Belanger. Indictment for grand larceny. True bill. 53. — Domiuus Rex, vs. James McFarlane, Jai^es Elliot, Michael Murphy and Patrick Schicalue. Indictment for assaulting and beating a Constable in the execution of his office. True bill. 54. — Dominus K ex, vs. Bazile Demers and Marie Belang^er. Indict- ment for larceny. — True bill. , , 55. i1 ( 199 ) Appendix (B.) stealinsr above September 7ih. -Indictmeut for larceny,- 55. — Dominus Rex, vs. James Gordon, — Trnebill. 56 — nominus Rex, vs. Samuel Kin n^, Joseph Moore and Elizabeth Briand. Indictment for feloniously conveying two small saws, one small auger and onft file into the Common Gaol ot the District of Montreal, in order to facilitate the escape of a prisoner. True bill. ' September 9th. 57.__Dominu8 Rex, vs. Alexander Youn^, Joseph Piatt, Thomas Boucher, Bobert Luck, Alanson Barber, Gabriel Longpre, Martin Kelly, Peter Rey- nolds and Maurice Reily. -Indictment for a riot, assaulting John Murphy one of the Bailiffs of His Majesty's Court of King's Bench, ant! preventing and obstructing him in the executica of a writ of attachment issued outof thfl said Court. True bill. Certified, John Delisle, Clk.C. No Bills. • August 28th. 1826. 1.— Dominus Rex, vs. .Toseph Lofebvre.- Ind. for a rape. — No BilL 2. — Dominus Rex, vs. Michel Goyette et Augusta Goyette. ludict' meats for grand larceny. — No Bill. August 30th. 3. — Dominus Rex, vs. Andre Arnois. Indictment for grand larceny. -No Bill. 4. — Dominus Rex, vs. Jean Bte. Berthelet, Benj. Berth elet, Scholastique Mathieu, Michel Alarie et Francois Clement. Indictment for a riot, and forcebly entering the dwelling house of Paul Dagenais, assaulting and ex- pelling him from the same, throwing his goods and effects into the King's nigh-way, and taking down and removing the windows and doors of the said house. — No Bill. September Ist. 5. — Dominus Rex, vs. Susane Vervais, alias Susanne Lamour. Indict. for stealing above the value of 40s, in a Dwelling house. — No Bill. 6. — Dominus Rex, vs. William Nichols. ludictment for larceny. — No Bill. 7. — Dominus Rex, vs. Maria Birchley. Indictment for grand larceny. -No BiU. September 5th. -Indictment for ma- 8. — Ddminus Rex, vs. Asa Fleming, the younger.-— liciously maiming and wounding a stallion — No Bill. \V Sep- N V I |i is m^ I i ( 200 ) Appendix (B ) September 5th. 9.,—DomiDUS Rex, vs. Luke Bowen. Indictment for maliciously maiming' and M'ounding a mare. — No Bill. 10. — ^Dominus Rex, vs. Marie Tremoule, Michel B^langer and James Dogherty. Indictment for sacrilc^^e. — No Bill. September 8th. 11. — Dominus Rex, vs. Morrill Magoon. Indictment for horse steal- ings — Ijprnoramus. 12.— Dominus Rex, vs. James Careless. Indictment for stealing privilj from the person. — Ignoramus. 13. — Dominus Rex, vs. Joseph Moses and Auguste Moses. — Indictment for Burglary. — I'" .oramus. 14. — Dominus Rex, vs. Joseph Moses, Auguste Moses and Elizabeth Degan. Indictment for grand larceny. — Ignoramus. 15. — Dominus Rex, vs. Joseph Moses, Auguste Moses and Elizabeth Degan. Indictment for stealing above the value of 40s. in a dueliinjf house. — Ignoramus. 10. — Dominus Rex, vs. Joseph Charbonneau. Indictment for grand larceny. — Ignoramus. 17.— Dominus Rex, vs. Joseph Moses, Auguste Moses and Elizabeth De- gan. Indictment for grand larceny. — Ignoramus. 18. — Dominus Rex, vs. Denis Burke, James Rilev and Richard Murray, ——Indictment for robbery from th*» person on the high-way. — Ignoramus. 19. — Dominus Rex, vs. Ann McLaughlan. Indictment for grand Lar- ceny. — Ignoramus. 20. — Dominus Rex, vs. Joseph David. Indictment for grand larceny. •—Ignoramus. Certified. .•!,,. John Delisle, Clk. C. APPENDIX (C.) Court of King's Bench, CriminalJurisdiction. February and March, 1827. Bills Found. No. 1. — The King. vs. Francois Cadoret.- — Indictment for stealing above the value of £15 in a Dwelling House. — True Bill. No. 2. — The King. vs. Alexander Jobannet. Indictment foi" stealing above the value of 40s. in a dwellinghouse.— True Bill. No. 3. — The King, vs. Hypolite Denault. Indictment for assaulting « Tide Waiter in the execution of his office. — true bill. ^o kt .lit ;Hl ( 201 ) Appendix (C.) ir and James Tudictment for stealln. — ^^The King, vs. Michel Janvier.- the value of 40vS. in a dwelling house. — true bill. No. 10. — The King, vs. Peter Hart. Indictment for stealing above the value of £15 in a dwelling house. — true bill. No. II. — The King, vs. Mary Hunter. Indictment for petty treason. — tnifi bill. No. 12. — The King, vs. Benjamin Sanfa^on. Indictment for shooting at one Ant. Valiquet with a gun. — true bill. No. 13- — The King, vs. Joseph Vincent. Indictment for stealing a COM'. — true bill. No. 14-. — The King, vs. Joseph Larose. Indictment for grand larceny, —true bill. No. 15. — The King, vs. Antoine Rousselle. Indictment for grand larceny. — true bill. No. 16. — The King, vs. John Croker. Indictment for feloniomly stealing a promissory note. — true bill. No. 17. — The King, vs. Louis Bret. Indictment for stealing above the value of 5s. in a warehouse. — true bill. No. 18.— The King, vs. Joseph Moses and Jean Bte. Verdon. Indict- ment for burfjlary. — true bill. No. 19.— The King, vs. David Robert. Indictment for ravishing a woman.— true bill. No. 20.— The Kinff, vs. John Little. Indictment for forgery— no bill on 1st and 4th coi.nts, and a true bill on the remaining counts.— true bill. No. 21.— The King, vs. Pierre Papineau, Joseph Choueniere otherwise called Joseph Sabourin and Jean Bte. George. — -Indictment for grand lar- ceny. true bill. No. 22.— The King. vs. Francois X. Leblanc. Indictment for assault and battery with intent to murder. — true bill. No. 23.— The King, vs. Pierre Henry Barsalo'je Indictment for dig- ging up and carrying away a dead body out of a church-yard. — true bill. No. 24.— The King, vs. Franjois Martin otherwise called Francois Bar- nabe. Indictment for digging up and carrying away a dead body out of » church-yard.— true biU. "'' 2 C |:i 1', i. i I- 1 I, ^^i■'^^ii ITo. :t W': '■' •■ '^ ( 202 ) Appendix ((\) t : \ II No. £5. — The King-, vs. John Cra*^ford and Alexander McDonell. Indictment for forgery. — true bill. No. 26. — The Kin^, vs. Andr6 Jobin. Indictment for assaulting Louis Malo, one of the bailiffs of the Court of King's Bench in th« execution of his office. — true bill. No. 27.^The King, vs. Jean Bte. Rodier. Indictment for grand lar. ceny. — true bill. No. 28. — The King, vs. Joseph Deloge. Indictment for stealing a gelding. — true bill. No. 29. — The King, vs. Antoine Oagnon. Indictment for grand lar^ ceny. — true bill- No. 30. — The King, vs. John Earl, Joseph Boutron, otherwise called Joseph Major and Louis Duraouchelle. Indictment for conspiracy to persuade and induce certain persons not to give evidence against one LouiV Masson on an information against him for selling spirituous liquors without licence. — true bill. No. 31. — The King, ts. Geo. Washington Drew. Indictment for lar- ceny. — true bill. Ino. 32. — The King, vs. Geo. Washington Drew. Indictment for lar- ceny. — true bill. No. 33. — The King, vs. Benjamin Sanfayon. Indictment for shootinj at one Antoine Valiquet with a gun. — true bill. No. 34. — The King, vs. Joseph Villeneuve and Joseph Delisle. Indict- ment for burglary. — true bill. No. 35. — The King, vs. Joseph Edge. Indictment for peijury. — true biU. No. 36.— The King, vs. Henry Pierre Barceloue. Indictment for dig- ging up and carrying away a dead body out of a church-vard.-^true bill. No. 37. — The* King, vs. Joseph Rousseau and Jean Rousseau. Indict- ment for larceny. — true bill. No. 88.— The King, vs. Louis Thivierge and Joseph Masse. Indict- ment for larceny.— true bill against Thivierge, no bill against Masse. No. 39. — The King, vs. Robert Melrose.-- — 'Indictment for burglary.— true bill. No. 40. — The King, vs. Pierre Duplessis, otherwise called Pierr« Des- jardins. Indictment for stealing a more. — true bill. No 41. — The King, vs. Jonathan Corson. Indictment for larceny.-* true bill. No. 42. — The King, vs. Amos William Lay and Geo. Washington Jack- son. indictment for digging up and carrying away a dead body. — true bill. No. 43k — The King, vs. Margaret Perigord and Eliza Robertson. In- dictment for larceny .-^true bill. No. 44.^ — The King, vs. Walter B. Corlew and Benjamin Woodbury. ' Indictment for larceny.— true bill against Corlew, no bill against Woodbury. £iUt ( 205 ) Appendix (C.) Billt of Indictmentg throtgn out and Ignored. The King, vs. Joseph Moses and Auguste Moses.-*— Indictment fr burjflary. — no bill. The King-, vs. Joseph Moses and Augustc Moses. Indictment for grand l^ceny. — no bill. The King, vs. Edward Kennedy. Indictment for larceny. — no bill. The King, vs. Robert Keavers. Indictment for horse stealing. — no bill. The King, vs. Isabelle Marcotte. Indictment for grand larceny. — no bill. The King, vs. George Cliff and John Doghcrty. Indictment for lar- ceny. — no bill. the King, vs. John Butler. Indictnjient for larceny. — no bill. The King, vs. Joseph Montferrant. Indictment for stealing above th^ yalue of 40s. in a dwelling house. — no bill. The King, vs. Loyan Fuller. Indictmept for larceny. — no bill, The King, vs. Mairy Partlow. Indictment for perjury. — no bill. The King, vs. Joseph Villeneuve and Joseph Delisle. Indictment for bui^flarv.^— no bill. The king, vs. Edward McGlone. Indictment for grand larceny. — no bill. The King, vs. Robert Armstrong and Patrick Coone. Indictment for grand larceny. — no bill. The King, vs. Hugh Smith, William May and Thomas Rosby. Indict- ment for grand larceny. — no bill. The King, vs. Hugh Smith, William May and Thomas Rosby. Indict- ment for larceny. — no bill. The King, vs. Jean Bte. Malboeuf, otherwise called J^an Bte. Fontaine. Indictment for horse stealing. — ignoranius. The King, vs. Luke Bowen. Indictment for maiming and woundlnfi^ a cow. — ignoramus. The King, vs. Isaac Wilson. Indictment for larceny. — ignoramus. The King, vs. Felix McCormick and John Fitzgerald. indictment for assault and battery with intent to murder. — ignoramus. The King, vs. Amable Boulet. Indictment for stealing a mare. — igr noramus. The K?"*^, vs. Louis Bret. Indictment for larceny. — ignoramus. The King, vs. George Ashley. Indictment for stealing to the valfte of 40r. in a vessel on a navigable riv«r. — ignoramus. Certified, ■■:^5. 4oHN Delisle, Clk. C. €9nxK s i ■ I:' ( «0 4 ) Appendix (C.) Court of Oyci" and Terminer and General Gaol delivery, Bills found. May Sd. 1827. -Indictment for No. 1 — Domtnus Rex, vs. Asa Flemings the youtitfer.- malicioiislv maiming and wounding a Steer. — true bill- No. 2.~Dominu8 Rex, vs. Amos Wm. La> and George Washington Jack- son. Indictment for digging up and carrying away a dead body out of a church-yard. — true bill. No. 3. — Doniiaus Rex, vs. — Louis Bret. Indictment for stealing above the \alue of 5s. in a warehouse. — true bill. No. 4. — DominuB Rex, vs. Pierre Papineau, Joseph Choueniere, other- wise called Joseph Sabourin and Jean Bte. George. Indictment for grand larceny. — true bill. No. 5. — DominusRex, vs.Joseph Villeneuve and Joseph Delisle. la- dictmeut for burglary.— true bill. May 4th. No. 6 . — Dominus Rex, vs. Henry Pierr<» Barceloue. Indictment for «IibHtructiii(; by two Moiiilicrs id bcatiiijf the laretMiy. — no for perjury.— perjury.— no perjury.— no perjury.— no Villiam Stuart —Ignoramus intt larceii}.— h Charlit. — herwiso called iavictoire, Au- echantal, Joliu [)b8tructing by two menibei-s d beating the LE, Clk. C. Oyer Oybr and Tkrminkr, November Term, 1827. Dills Found. No. I. — DomintM Rox, rs. Joseph Santcrre. Indictmont for alterinjr R cniintcrfeit En/li8h drown. — True Bill. No. ii.-oDominus Rex, vs. John Baker. ludictment for Grand Lar- ceny. — True Bill. No. 3. — norniuiiM Rex, v«. Nathan Pierce and Miranda Whitney. In- dictment for Bur((lary. — True Bill. No. 4. — UoiniuiM Rex, vs. Francois Pijfeon. Indictment for assaulting^, beatin|( and fracturini^ the leg of one David Welsh. — True Bill. No. 5. — Dominus liox, vs. Edmund Phelau. Indictment for Robbery. -True Bill. No. 0. — Dominus Rex, vs. John McDonell. ludictment for Forffcry. -True Bill. No. 7. — Dominus Rex, Emanuel X. D'Auberville, William Flynn, Wil- liam Burrel, Joseph Raymond, Gcorffo Montferrant and Louis Montferrant. Indictment for a Riot, breaking into the dwelling house of Catherine Be- langer, assaulting aiiu beating her and breaking to pieces the furniture there- in. — True bill against E. X. D'Auberville and William Flynn, and uo bill agHJiist Burrel, Raymond and the Moiitferrants. No. 8. — Dominus Rex, vs. William Mitchell. Indictment for Larceny. -True bill. No. 9. — Dominus Rex, vs, George Smith, Oliver Smith, Samuel Smith, Thomas Lonsdale, Cyrus Purchard, Ephraim Hunt alias Abraham Hunt, William Thompson, Joshua Hill, John Levetts, Hiram Newton and Adam Thompson. Indictment for Felony, by putting out the eye of one John Byrns. — True bill against all, except against John Levetts. No. 10.— Dominus Rex, vs. George 13iadfoid. Indictment for Larceny. -True Bill. No. 11. — Dominus Rex, vs. George Bradford. Indictment for Grand Larceny. — True Bill. No. — 12. — Domiuus Rex, vs. George Bradford. Indictment for Lai*- ceny.— True Bill. No. 13. — Dominus Rex, vs. Pierre Tetrau alias Pierre Ducharme. In- dictment for Sheep stealing. — True Bill. No 14. — Domiuus Rex, vs. Pierre Tetrau, dit Ducharme. Indictment for Sheep stealing. — True Bill. No. 15. — Dominus Rex, vs. George Patrick. Indictment for assault- ing and beating one Thomas Cliff with au intent to murder him.— True Bill. No. r r* I (•212) ilppendix (C.) No. 16. — Doraiiius Rex, rs. Louis MaAs6.^— Indictment for Burglary.— True Bill. No. 17. — Dominns Rex, vs. James Robert Reid. Indictment for per- suading soldiers in His Majesty's service to desert and leave such service.— True Bill. No. 18. — Dominus Rex, vs. .Tofiepli Constantineau, Eloi Beneche dit La< victoire, Etienne Beneche dit Lavictoire, Augustin Lauriau, Joseph Wools - camp, Louis Picard, Louis Dechsntal, John NcDonell and Joseph Barce- loiie. Indictment for a Riot, obstructino^ by force and violence the due course of an election for ele'^ting two memhers to serve in the Assembly of this Province, and assaulting and beating the Returning Officer. — True Bill against Constantineau, Eloi Lavictoire, Lauriau, Woolscamp, Dechantal and McDonell, — No Bill a^nst Htienne BenSche, Barsaloue and Picard. No. 19. — Dominus Kex, vs. Eloi Lavictoire, Etienne BenSche dit La- victoire and Jcseph Constantineau. Indictment for an assault on a cons- table, having a prisoner in custody under a Warrant of a Justice of the Peace and rescuing him. — True Bill. No. 20. — Dominus Rex, vs. Murdock McPherson. Indictment for Grand Larceny. — Tru** Bill. No. 21. — Dominus Rex, vs, Joseph Santerre.—— Indictment for deceit and obtaining money by colour of a false token and under false pretences. — True No. 22. — Dominus Rex, vs. Charles Labombarde, William Lnttrodge, Charles Prevost and Etienne Champagnard. Indictment for a Riot, break- ing and entering into a dwelling house in the night time, and assaulting the master therein. — True bill. No. 23. — Dominus Rex, vs. Joseph Allard. Indictment foi ^erjurv.— . True Bill. No. 24. — Dominus Rex, vs. Joseph Claprood. Indictment for Perjury. —True Bin. No. 35. — Dominns Rex, v». Antoine Paul Hue dit Antoine Paul Como- yer. Indictment for Perjury, — Tru© Bill. No. 26. — Dominus Rex, vs. Jean Bte. Cantara. Indictment for Per- jurv. — True Bill. No. 27. — Dominus Rex, vs. Antoine Anssaut. Indictment for Penury. —True Bill. No. 28. — Dominus Rex, vs. Louis Allard. Ihdiotment foi' Perjury.— True Bill. No. — 29. — Dominus Rex, vs. Nicolas Buckner.- Indictment for Per- jury, — True bill. No. 30. — Dominus Rex, vs. Rosalie St. Blichel. — ^Indiotinent fbr Per- jury. — True bill. No. 31. — Dominus Rex, vs. "William lIcEwen.-^^— Indictment for per- suading a soldier in His Majesty's Service to desert and leave such service. —True bill. No. .^^^^* '^ ( 213 ) Appendix (C!.) ^m, for Burglary.— ctment for pcr- such service.— ieneche dit La- , Joseph Wools- id Joseph Barce- iolence the due he Assembly of ioer. — True Bill >, Dechantal and d Picctrd, BenSche dit La- isault on a cons- \ Justice of the -Indictment for »nt for deceit and »retences. — True liam Lnttrtdge, 'or a Riot, break- assaulting the it foi \*erjury.— . ,ent for Perjury, ne Paul Como- cticent for Per- lent for Perjury. it foi' Perjury.— ctment for Per< immi for Per- ctment for per- ye inch service. No. 32.— Dominas Rex, vs. Stanley Bagg. Lulictraent for nuisance -True bill. No. 33. — Dominus Rex, vs. Jacques Viger. Indictment for nonfea- sance and neglect of duty as Surveyor of High-ways. True Bill. No. 34. — Dominus Pex, vs. John Caldwell and Elizabeth Petro. In- dictment for Grand Larceny. — True bill against Elizabeth Peiro. No bill against John Caldwell. No. 35. — Dominus Rex, vs. Louis Marcoux. Indictment for suborn- ation of Perjury. — True bill. No. 36. — Dominus Rex, vs. Jocelyn Waller and Ludgcr Duvernay. Indictment for Libel. — True bill. No. 37. — Dominus Rex, va. Jocelyn Wal\rand Lndger Duvernay. Indictment for Libel. — True bill. No. — 38. — Dominus Rex, vs. James Lane. Indictment for Libel. — True bill. No. 39. — Dominus Rex, vs. John Caldwell. Indictment for stealing a Cow.— True bill. No Bills. Dominus Rex, vs. William McDonald and Joseph Bellefeuille. Indict- ment for assaulting one James Buchanan when employed as a sentinel and in the execution of his duty. — No bill. Dominus Rex, vs. Francois Lanneville. Indictment for stealing above the value of 40s. in a dwelling House. — No bill. Dominus Rex, vs. Agnes McKeny. Indictment for Larceny. — No bill. Dominus Rex, vs. Andre Jobin. Indictment for assaulting Louis'Malo one of the Bailiffs of His Majesty's Court of King's Bench in the executi<« of his office. — No bill. Dominus Rex. vs. Pierre Villeneuve. Indictment for Grand Larceny. -No bill. Dominus Rex, vs. Olivier Bedard. Indictment for Grand Larcenj. — No bill. Dominus Rex, vs Margaret Tessier.— ing in a shop. — No bill. Dominus Rex, vs. Marirnret Tessier.- bill. ^ Dominus Rex, vs. Patrick Fitzpatrick. bill. Dominus Rex, vs. Edmund Phelan. — ing » id beating one Louis Longpre and one Jean Bte. Homier. — No bill. Dominus Rex, vs. Isaac Labonte and Gabriel Menard. Indictment for assaulting one Gabriel Saliere, with a hammer, with intent to murder him.— No bill. • ' Dominus -Indictment for privately steal- — Indictment for Larceny. — No — Indictment for Larceny. — No Indictment for a Riot and assault* \ ! Pi'i m i fir 3 f. (2U) Jppendix (C.) (D.) "/ ' 1^; Dominus Rex, rs. Antoine Aussant. Indictment for Perjury.— No bill. Dominus Rex, vs. George Bradford. Indictment for Perjury.— No biU. Dominus Rex, vs. Marffuerite Neveu. Indictment forJPerjury.— No bill. Dominus Rex, vs. Felix Lavallee. Indictment for Perjury.— No bill. Dominu" Rex, vs. Sophie Proulx. Indictment for Larceny.— No bill. Dominus Reir, vs. Murdock McGillivray and Jean Bte. Chalou. In- dictment for stealing above the value of £15 from a vessel on a River.— Ig- noramus. Certified, J. Delisle, Clk. C. Appendix (D.) •', ' - Bills found. Court of King's Bench. March 1828, March 1st. No. 1.— Dominus Rex, vs. Francois Belleville, otherwise called Fran- f ois Thibotte. Indictment for Burglary. — True Bill. No. 2. Dominus Rex, vs. — Francois Belleville, otherwise called Franjois Thibotte. Indictment for Grand Larceny. — True Bill. No. 3. — Dominus Rex, vs. Jerome Bis&on. Indictment for utteringf Counterfeit Money. — True Bill. No. 4. — Dominus Rex, vs. Samuel Catlothers. Indictment for Assault & Battery with intent to murder. — True Bill on 2nd Count. No. 5. — Dominus Rex, vs. Bazile Demers.—^ Indictment for uttering Counterfeit Money.— True Bill. r March 3rd. " Nu, 6. — Dominus Rex, vs. Michel Ainse et V^ronique Lemieux. ■ Indictment for a Miiideameanor in receiving Stolen Goods. — True Bill. No. 7. — Dominus Rex, vs. Jerome Maille. Indictment for Larceny.— True Bill. No. 8. — Dominus Rex, vs. Francois Bissonette. Indictment for Rape. True BiU. ^ " No. |; H^ !.«.., M (215) Apptndix (D.) March 3rd. No. 9. — Dominus Rex, vs. Jerome Maillc. Indictment for Larceny. — True Bill. No. 10. — Dominus Rex, vs. Ant. Depre, otherwise :rlled Antoine Lo- rann^er, and Gabriel Charron. Indictment lor Grand Larceny. — True Bill. No. 11. — Dominus Rex, vs. Luc Courviile. Indictment for Burglary. -True Bill. No. 12. — Dominus Rex, vs. — Gabriel Quintin, otherwise called Gabriel Dubois. Indictment for Arson. — True Bill. *- March 4th. No. 13. — Dominus Rex, vs. James Prior, Barbara Price, Arthur Tully and Caroline McDougall. Indictment for a Rescue. — True Bill. No. 14. — Dominus Rex, vs. Eraelie Gauthier. Indictment for Grand Larceny. — True Bill. No. 15. — Dominus Rex, vs. Anson Church. Indictment for Burglary. -True Bill. No, 16. — Dominus Rex, vs. Pierre Ledouxas principal, and Mic. Maille as accessary after the fact. Indictment for Steabng above the value of 40s. in a Dwelling House. — True Bill. No. 17. — Dominus Rex, vs. Jos. Pierre, otherwise called Joseph An well and J. Bte Dubois. Indictment for Grand Larceny, — True Bill against Joseph Pierre, no Bill against J. Bte Dubois. March 5th. Indictment for No. 18. — Dominus Rex, vs. Adelaide Roynebourn.- Larceny.— True Bill. No. 19. — Dominus Rex, vs. Elizabeth Benoit, otherwise called Elizabeth St. Charles. Indictment for Stealing above the value of 40s. in a Dwel- ling House. — True Bill. No. 20. — Dominus Rex, vs. Anson Church. Indictment f-^r Larceny. -True Bill. No. 21. — Dominus Rex, vs. Anson Church. Indictment for Larceny. -True BiU. No. 22. — Dominus Rex, vs. Joseph McFarlane, othenvise called Joseph Charlie. Indictment for uttering Counterfeit Money. — True Bill. No. 23. — Dominus Rex, vs. — Anson Church. Indictment for Grand Larceny. — True Bill. No. 24. — Dominus Rex, vs. Augustin Nabourgesse, otherwise called Augustin Lapore. Indictment for assaulting & beating one Jean Bte. Thorin, and fracturing his Skull with an Iron Instrument, called Cuiller a Sabott with an intent to murder him. — True Bill. No > . I ■h n m^' 'i M. \ •! p. P 1 Wg'^ ' X |j 1 -5 ■1 ■'■ ll' i: t: I fit ( '-'16 ) App$ndix (D.) Riarch Gth, No. 25. — Dominus Rex, vs. Francois Vandal. Indictment for Perjury. —True Bill. No. 26. — Dominus Rex, vs. Joseph McFarlane, alias Joseph Charlie, and Jean Bte Ouellette. Indictment tor Bnrfflary. — True Bill. No. 27. — Dominus Rex, vs. Joseph McFarlane, alias Joseph Charlie, and Jean Bte Ouellette. Indictment for Burn^liiry. — True Bill. No. 28. — Dominus Rex, vs. — Joseph McFarlane, alias Joseph Charlie, & Jean Bto Ouellette. Indictment for stealing above the value of 408. iu a dwelling house. — true bill. No. 29. — Dominus Rex, vs. — Joseph McFarlane, alias Joseph Charlie, and Jean Bte Ouellette. Indictment for Larceny. — true bill. No. 30. — Dominus Rex, vs. — Joseph McFarlane, alias Joseph Charlie, and Jean Bte Ouellette. Indictment for Larceny. — true bill. : V March 7th. No. 31. — Dominus Rex, vs. — Nath. Dickson Bing-ham. Indictment for an assault and battery with an intent to murder. — true bill on 1st Count, no bill on 2nd Count. March 8th. No. 32. — Dominus Rex, vs. — Jocelyn Waller and Ludger Duvercay. Indictment for Libel. — true bill. ■■h^_ - , = --^r « *, March 10th. No. 33. — Dominus Rex, vs. — Pierre Matte, Hyacinthe Daigneau, Lau- rent St. Onge, Franf oiE Camyre and Pien*e Mathon. Indictment for a conspiracy to persuade ce/tain persons not to give evidence against Alexis Moquin, on an information against him for selling spirituous liquors with- out licence. — true bill. No. 34. — Dominus Rex, vs. Pierre Matte, Hyacinthe Daigneau, Laurent Bt. Onge, Francois Camyre and PieiTe Mathon. Indictment for a con- spiracy, to persuade certain persons not to give eviclence against the said Hyacinthe Daigneau, on an information against him for seUing i^irituous liquors without Licence. — true bill. No. 35. — Dominus Rex, vs.— Pierre Matte, Hyacinthe Daigneau, Lau rent St. Onge, Francois Camyre an * * • . MarehSrd. No. 2.---pominus Rex, vs.— James Stuart. Indictment for horse stea^ Iinjf.^no bill. March 4th. No. 3. — ^Dominus Rex, vs.— Anson Church. Indictment for bunrlarr —no bill. ''* No. 4. — Dominus Rex, vs.—- Anson Church. Indictment for burglary —no bill. No. 5. — Dominus Rex, vs. — Pierre Tetrau dit Ducharme.— Indictment for utterini^ counterfeit money. — no bill. No. 6. — Dominus Rex, vs. — Pierre Tetrau dit Ducharme.— -Indictment for uttering counterfeit money.— no bilL No. 7. — Dominus Rex, vs.— AssonChurch.- —no bill. No. S.i->Dominus Rex, vs.— Joseph Delisle.- nobill. r- ■•-■■•» V-"'-'' - '■;"■■.'■,- >* '!■ '•.i.----\M .y^'r ■■I '--'■ No. Q.-^Dominus Rex, vs. — Hugh Heney.- Cow.— no bill. - >, March 5th. —Indictment for bui^lary. —Indictment for larceny. — March 9th. -Indictment for stealing a March 10th. No. 10.— >Dominus Rex, vs. — Ludger Duvemay. Indictment for libel. —no bill. No. II. — Dominus Rex, vs. Louis Marcoux.— — Indidment for suborna- tion of peijunr.— no bill. No. 12. — Dominus Rex, vs. John O'Brien and Susan O'Brien. Indict- nent for larceny. — true bill. » E No. . i :■ '■ i i- I-.' n ( «18 ) Appendix (D.) March 10th. No. 13.— DorainusRex, vs. Richard Thomas. Indictment for assault and battery on Antoine St. D6nis, with intent to muruef him.— no bill. '' ■ \ir'.- (Certiaed) John Deusle, Clk. C. Court op Oyer and Terminer and General Goal delivery. August 1828. , V ■ August 20th 1W. l.-^DdittiiittsRiB^Jc v«. DnHban M^Klnlay and David McGregor. — Indictment for stealing privately in a shop. — true bill. No. 2,-r-Dominus Kex, vs. George Minx. Indictment for grand lar- ^y.~tnie bill. August 21st. No. 3. — Pominus Hex, vs. James Gilles. Indictment for stealing pri- T^t^Iy in a; ihdp. — true bin. No. 4.— Dominus Rex, vs. Pierre Millette, Denis Gaudrie, Chs. Prevost and Joseph Valancour. Indictment for stealing privately in a shop. — true bUl against Millette and Valancour, and no bill against Gaudrie and rrevost. No, 5. — Dominus Rex, vs. Pierre Matte, Hyacinthe Daigneau, Laurent 'i§t. Oilge, Francois CftmyrS' and Jo8)^ph Mathon. 'Indictment for a cons- piracj[ to persuade certain persons not to give evidence a^in^t the said ^yacinth^. Daigneau, on a certain information against Jaim for selling Uquors without licence. — true bill. , . No. 6.— J^ominus Rex, vs. Pien-e Matte^ Hyacinthe Daigneau, Laurent St.'t))rge, Ft^ti^dis'Camyrig and Joseph Matlion. Indictment for a cons- piracy to persuade certain persons not to fifive evidence against one Alexis M^j^^ldnor on {» infoii^ out licence.^true bill. Kb.n8..^tiWiiiteriR«x, V*. Jo&eph Pfti|uin tra«bill. spirituous liquors with- Lotdictnieiit for larceny- August :1 >. ( S19) Appendix (X>.) 'AL DELIVERY. Au^st silt. No. 7.— Dominus Rex, vs. Pierre Matte, Hyacinthe Daigneau, Laurent St. On^e, Franpois Camyrfi and Joseph Mathon. Indictmeat foi* a cons- piracy to persuade certain persons not to give evidence against the said Pierre Matte on an information against him for selling spuituous liquors without licence. — true bill. No. 9.— Dominus Hex, vs. Joseph Corbeille. Indictment for uttering counterfeit money.— true bill. * August 2tad. No. 10.— Dominus Rex, vs. John Walsh. Indictment for burglary. true bill. No. 11. — Dominns Rex, vs. John Dolan. Indictment for larceny. true bill. - _ No. 12. — Dominus Rex, vs. "William Corey and Harvey Lee. Indict- ment for unlawfully having in their possession, false and counterfeit notes with intent to utter them. — true bill. August 23rd. No. 13. — Dominus Rex, vs. Margaret Barry.- Indictment for stealing above the value of 40s. in a dwelling house. — true bill. No. 14. — Dominus Rex, vs. Augustin Nabourgesse dit Laper6. In> dictment for assaulting and beating one Jean Bte Thpuin with an iron in- strument called Cuiller d Sabot with intent to murder him.---true bill on 2nd & 3rd Counts, no bill on I Count. No. 15. — Dominus Rex, vs. George Patrick. Indictment for assault- in? and beating one Thomas Clin, with intent to murder him. — true bin. „;-^»'\,.4.:,:. ..;> '■..;•,■...,/:■-..,;•:;.:=. ''^-" ■ Au^st 25th. No. 16. — Dominus Rex, vs. Fr. Felix Budry.- Indictment for assault- ing a bailiff in the execution of his office. — true bill. No. 17. — Dominus Rex, vs. Simon Hubert. Indictment for Horse stealing. — True bill. No. 18. — ^Dominus Rex, vs. John McGregor. Indictment for Rape.— TruebiU. August 26tfa. No. 19.— Dominus Rex, vs. William Dunn and Jane Dunn.— — Indict? ment for Grand Larceny. — True bill. No. 20.— Dominus Rex, vs. Alexis Jacques and Joseph Chomneau dit Sabourin. Indicvment for Larceny.— True j^ill. No. 21.— Dominus Rex, vs. Alexis Jacques and Joseph Chomneau dit Sabourin. Indictment for Grand Larceny. — True bill. " ■ ~ No. I- ■$ -,: Pl ( 220 ^ ApptndiK (D.) lU l*> ;>'L ri '■ 'ji % August Mth. N«. 22.— Dominus Rex, vs. Jean Raymond. Indictment for stealing above the value of 408. in a dwelling House. — Trae bill. No. 23. — Dominus Rex, vs. Jean Raymond. Indictment for Larceny. —True biU. No. 24. — Dominus Rex, vs. Pierre Mettote.— Indictment for stealing a mare.-»True bill. No. 25. — Dominus Rex, vs. Nicolas Le Blanc. Indictment for Larceny. —True bill, Augt. 27th No. 26.->- Dominus Rex, vs. Hyacinthe Darpentigny and Jos. Rt. Jenrig Indictment for Forgery. — True bill against H. Darpentigny.— No bill. against J. R. Jervis. August 28th. No. 27. — Dominus Rex, vs. Arthur McGuigan and Arthur Bums.— -In- dictment for Orand Larceny. — True bill. No. 28. — Dominus Rex, vs. Arthur McKenny. Indictment for Buig- lary. — True bill. -^.v August 29th. No. 29. — Dominus Rex, vs. Jean Bte. Martin and Francois Thomas. Indictment for Orand larceny. — True bill. , , . , ... ,. ^^^--v'-t ■;, . ■.,.-...;.,• No Bills. .,v .. .:k;v..-)! Augt. 20th No. l.«-Dominu8 Rex, vs. Nathan Pierce and Miranda Whitney. In- dictment for Burglary. — No biU. August 2l8t No. 2.—- Dominus Rex, vs. William Lane. Indictment for stealing privily from the person. — No bill. No. 3. — Doininus Rex, vs. Jean Bte. Brissette. Indictment for Larci- ny. — No bill. No. 4. — Dominus Rex, vs. William Horley.— Indictment for Larceny. —No bill. August 22d. No. 5. — Dominus Rex, vs. Simon Bernard.— 'Lidictmcnt for an assault witji an intent to commit a Rape.^No bill. Ho. (221 ) Appendix (D ) August 23d. No. 6. — DominuB Rex, vs. Joseph Brazeau the younger. Indictment for a Riot and maliciously and unlawfully cutting down and destroying a ]Mby Pole near the dwelling House of one Antoino Denis.— No bill. No. 7.— DominusRex, vs. Joseph Oesrocher. Indictment for Grand Larceny. — No bill. August 25th. No. 8. — Dominus Rex, rs. Francois Vallee and Hyacinthe Vall6e.~— In- dictment for Larceny. — No bill. No. 9. — Dominus Rex, ts. Owen Hughes and Mary Hughes. Indicti- ment for Grand Larceny. — No bill. No. 10. — Doininus Rex, vs. Antoine /«ortie.—>— Indictment for Grand Larceny.— No bill. August S6th. Indictment for steal- -Indietment for steal- August 27th. No. 11. — Dominus Rex, vs. Franpois Belanger.- ing a cow. — No bill. No. If. — Dominus Rex, vs. Franpois Belaager.- ing a mare.~-No bill. ^^0. IS.^Dominus Rex, vs. James Fuller.—— -Indictment for stealing Oxen.— No biU. :* August 28th. No. 14. — Dominus Rex, vs. Louis Belotte. Indictment for stealing privily from the person. — No bill. Certified. I . J. Deusle, dk. C. Court of King's Bench. ' !^. ' - , Bills Found, September 1st 1828. No. 1. — Dominus Rex, vs. Daniel Salmon. Indictment for a contempt against His IM^jesty's Court of King's Bench for the district of Montreal. — True bill. No ■-■^ )':i IT % ( '2'IQ, ) yipptndiz (D.) {, IM September 2nd. No. 2. — Dominus Rex, vs. Franjois Belanger Indictment for stealing a Horse and a Coiv. — True bill for stealing a Cow and no bill for stealiog a Horse. No. 3. — Dominus Rex, vs. Alexander McFee and John Vanvalkcnburg^. ——Indictment for stealing Sheep and Lambs. — True bill. , ., . September 4tli. No. 4. — Dominus Rex, vs. Jean Bte. Audette dit Lapointe.—— Indict* ment for Larceny. — True bill. No. 5.— Dominus Rex, vs. Louis Laram6. Indictment for House break< ing. — True bill. rfo. 6.- Dominus Rex, vs, George Holland. Indictment for stealing privily from the person.— True bill. September 5th. No. 7. — Dominus Rex, vs. Thomas Sheppard. Indictment for Felony by cutting off the under-lip of one Joseph C'ovey.— True bill. No. 8. — Dominus Rex, vs. Joseph Brazcau the younger. Indictment for a Riot and maliciously and unlawfully cutting down and destroying a May Pole.— True bill. No. 9.— Hominus Rex, vs. Edward Redsall. Indictment for assault- ing and beating one Antoine Uemerse, otherwise called Antoine Dumas with intent to murder. — True bill. September 6th. -Indictment for Grand No. 10.— Dominus Rex, vs. Joseph Martin. — Larceny. — True bill. No. 11. — Dominus Rex, vs. Hyacinthe Darpentigny and Joseph Robert Jarvis. Indictment for Forgery. — True bill. No. 12. — Dominus Rex, vs. Louis Duteau. Indictment for an assault with intent to commit a Rape.— True bill. No. 13. — Dominus Rex, vs. Duncan McNaughton.' -Indictment for a Libel on two Commissioners for the summary trials of Small Causes in the Seiyniory of Argenteuil. — True bill. No Bills. September 1st 1828. No. 1. — Dominus Rex, vs. Joseph Brazeau the younger. Indictment for a Riot and unlawfully and maliciously cutting down and destroying a JiHilf^ P.olf oa tjbe land of AutoiAt Danis, near his dweUiii^ Ho^e. — No bul. ^. ' No- 73 -I .1,, ( 223 ) Appendix (D.) (E.) I i' !. No. 2. — Dominus Rex, vs. Joseph Turg^eon. sance. — No bill. September 5th. Indictment for a Nai« —Indict- No. 8. -Dominus Rex, vs. John Shine and Patrick Drew.— — ment for stealing privily from the person. — No bill. No. 4.— 'Dommus Rex, vs. Louis Duteau. Indictment foi ravishing^ a woman. — No bill. Certified, John Delisle, Clk C. APPENDIX (E.) } Province of Lower- Canada. George the Fourth, by the grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith. To the Sheriff of the District of Montreal, Greeting : We command you, that jou cause to come before our Justices of our Court of King's Bench for our District of Montreal, at our city of Montreal, in our Court House, in the said city of Montreal, onMonday the I ^t day of Septr. next Twenty-four, free and lawful men, of the body oi the District of Montreal, aforesaid, by whom the truth of the matter may be better known, and who are in no wise of kin to Joseph Constantineau, Eloi Beneche otherwise called Eloi Lavictoire, Augustm Loriau, Jolin Woolscamp, Louis Dechantal and Jihn McDonell, to make a certain Jury of the Country, between us, and the siid Joseph Constantineau, Eloi Beneclte otherwiise called Eloi La- victoire, Augustin Loriau, John Woolscamp and John McDonell, on an Indictment before us against the said Joseph Constantineau, Eloi Beneche dtherwise called Eloi Lavictoire, Augustin Loriau, John Woolscamp, Louis Dechantal and John McDcmell, for a Riot, obstructing by force and violence the due course of an election for electing two members to serve in the As- sembly, and aissaultifig and beating the Hetuming Officer, upon the oath of which the said Joseph CenstanttBeau, Elei Beneche otherwise called Eloi Lavictoiie, ^• I'v i.- r > 1 if; I I' * - ' >■, n , /i I 'f r ( 224 ) AppnvUx (E.) Lavictoire, Aun^itin Loriaii, John Woolioamp, Loui» Dovhantnl and John MoDonell, hath put themselves ; and have you then and there the nnnios of thMe Jurors and this Writ. Witness the Honorable James Reid, our Chief Justice of our Court of Kinp^'s Bench, for the District of Montreal aforesaid, this tenth day of March, in the ninth year of our reign. (Signed) John Delisle, Clk. C. The Execution of this Writ appears in a certain Pannel hereunto annex- ed :«— ., (Signed,) L. Ouoy, Sheriff. Cevtified, John Delisle, Clk. C. Ist. September 1828. Montreal, List of Special Jurors of this Cause. The King, vs. Joseph Constantineau, Eloi Beodche, otherwise called Kloi Lavictoire, Augustin Loriau, John Woolscamp, Louis Dechantal and John McDonell. On Indictment for a Riot, oostructing by force and violence, the due course of an election for electing two members to serve in the Assenrbly of this Province, and assaulting and beating the Returning Officer. Names. Occupation. Thomas A. Turner Esquire, Henry Oriffin Notary, * Peter McOill Merchant Abner Bagg Hatter, James Milfiu* Merchant, John Brown Merchant, v, John Molson Esquire, Samuel S. Bridge Auctioneer, Kenneth Walker ......Merchant, ! Thomas Blackwood Merchant, BeniahOibb Tailor, James Hennr Grocer, ; * Adam L. McNider. Auctioneer, John Torrance Grocer, George Moffatt Merchant, Norman Bethune Auctioneer, Joseph Frothingham Merchant, Campbell I' • ' Appemltx (II.) T! Kamn ^ , Occupation tJanipbell Swoonoy InHjioctor of A^htfi, (iuor^(>J. llult Do. Jiiiut'M FruNur « Auctionoer, (i^curfi^e Auldjo «....« Morcliuut, Willium Pwddie Morcliant, JlitUt'X 11. Lllillbu (ilMttltMllilll, Buujuinin Hull t t Truder. Filed 27th Aujrust 18»8. (J^ijriH'd) John Dki.islk, (.'Ik. C All which JuroM have been diily sumra > loi. (Signed,) L. Glgy, Sheriff. Ut Svi»teraber 1828. Certified, *^' John Delisle, elk. c. Jl - -II I • • I Appendix (F<) li List of the Magistrates for the City of Mouti-eal. Honorable John Richardson, CounciUor^ «« Louis Ciruffy, " •• Charles W. Grant, David Ross, Samuel Gale, Louis Guy, Jean Bouthillier, Jeau P. Leprohon, Thomas Portoous, « John Forsyth, Toussaint Pothier, William Pardy^ Charles De Mantena■■< To the Chairman of the ) Quarter Sessions, > Montreal. ) A. W. Cochran, Secretary. Montreal, 30th October 1823. At W, Cochrap, Esquire, Secy. &c. &c, &c, Quebec. We had the honor pf receiving your letter of the 18th instant, communi- catmg His Excellency's ideas on the subject of a transaction said to have t»k9n place ip Montreal some time -since, we shall not pretend to say any thing i. Ig' caused an }i>pear8 that by one or [ted by the bf the watch I attention to the District fho have so •roployment le conceives p, besuspen* that having der your di- the Court of \g taKen tlie it is his iu" , particular-. n future the >*'the persuq > His Excels er 1823, t, communis md to have to say any thmg ( 229 ) Appendix (G.) thing or to call ia question the respectability of the persons sij^ning the re- presentation made to His Excellency ; but we must say that not one of them ever made a complaint to us or to any other Mag'istrates to our knowledge on that subject. A Bill of Indictment found by the Grand Jury last Session of the Court of King's Bench against certain individuals for the outrage said to have been committed by them, was the tirst information on the snbiect, that came to our knowledge ; they deny the charge and of course must iake their trial, and we are of opinion that it did not become us as Magistrates to prejudge them, losing riglit of that principal of laws that every man must be consi^ dered innocent till found guilty, by legal process. Mr. Ogilvie as High Constable, was appointed at a meeting of the Magis- trates convened for the purpose on the hfth of July last, and in consequence was received as such, in the Court of Qrarter Sessions then ensuing. We shall submit His Excellency's communication to the Magistrates at large, and '•hould they think proper they may suspend him ; but we as individuals of that body, did not consider ourselves justifiable in suspendinjj; t n officer appointed by the whole. There can be no doubt of His Excellency's "rht to withhold the salary allowed to the High Constable bytheExe- ■,, ive. As regards Mr. Schiller, who is not Foreman but Deputy of the Watch, a communication shall be made to the Committee of Justices regulating the concerns of the watch, who will no doubt report to the Magistrates at ^ Special Meeting. Mr. Mc Cord withdrew, v'^M; , .;, -h "■■■■■• - ■■ •■•'i-i.V.- ^ ■ The Court adjourned until Thursday next at 10 A. M. ^ Special Session of he Peace. f"'" Thursday, 6th November 1823. Present,— J. M. Mondelet, Louis Guy, Jean P. Leprohon, H. Hene}', Pierre De Boucherville, Francois A. Larocque, Pierre De Rocheblave, Tho- mas A. Turner and Thomas Porteous, Esquires, The Court met pursuant to the adjournment of Tuesday last, the 4th instant. _, , Read M i 1 }\ J- i 4 ii / 1 ; ■ m r li \ I Appendix (G.) Sead the proceeding of th& Session held ou Tuesday \»st. The Court caused the Doputy Clerk of the Cro« n, (J. Delisle, Esqr.) So be requestedto attend, witli the Resistor rontaiinn<^ the proceedings had in the Court of Kiujf's Bench for the District of Montreal durin<( the list Teim ; and tlie saidCUirk of the Crown attended with the Register; by which it appeiirH that on the fith of September last the Grand Jury atteudinnp the said Court, found a bill of Indimuent against Archibald H. Oj^ilvie, Aq~ foine Lat'reni^re, Benjamin Sdiiller, Jeremiah Lawler, Beujamiu Thatcher» »nd Jason Pieree, for Riot, false imprisoutueut;, and for conveying John Johnston out of the dominions of His Miijesty» iuto the United States. Mr. Dehsle being questioned by the Couii;, added that the above named Archibald 0;;-ilvie, Autoine Lafrenidre and Benjamin Schiller, are to his IrnoAvledije, the sarow persons who are respectively, the first, High Constable, the second, a Pett) Constable , li^ the third, Deputy Foreman w the Watch a^t Montreal. After the Court had deliberatet., . d on motion of Mr. Heney, it was Re- •olved ; — by all the Members present, except Mr. Moudelet, who did not^thinl( it rile/>ro tempore ; and that notice of the said meeting be given to ihe Magistrates by the Clerk of the Peace. Ordered, That th? Clerk of the Peace Jo immediately transmit to the Civil Secietary A. V/. Cochran, Esquire, for the information of His Excel- lepcy the Governor in Chief, a copy of the proceedings of the Session helA this day, and of those held on the 3d and 4th instant. i i ■Sptcial Session of the Peace. ' Monday, 10th November 1823. ♦ t*iussENT.— Louis Guy, J. P. Leprohon, Pierre De BoucberviUe, Piwre" t)e Rocheblave and Thomas A. Turner, Esquires. Read the order of reference made a* the Session of the 6th instant, by which the means of filling pro tempore, the office of High Constable, beld by A. H. Ogilvie, who was suspended from his office by the said Ses- sion, are appointed to be taken into consideration at this meeting. Read the application made this day by Jacob Marston, represetkting that he is still High Cfonstable ; that he was never dismissed, or superseded ; that ha is now ready to fulfil the duties of his office, and prays the Court to au- i =! 1 # 1"^ ^ f fiv I ll H ; .*Kf ,f \ i ( 232 ; Aj.penclix (O,^ *.. *. tTiorizo liim aofain to exocute the functions thereof in consequence of tW temporary removal of 0oiatment in the year 1796, and that the situation is ** now vacant and' I am ready to act and do the duties of the said office " as before; by the advice of a few gentlemen in Montreal, I did relinquish the situation to Richard Hart, (Police Constable) after h« was appointed to the said offi(;e,in General Quarter Sessions of the Peace, "October Term 1821, in consideration of the said Hart giving me during my natural life sixty pounds currency per annum as per deed passed before Jean M. Mondelet, Esqr. N.P. of Montreal on the 28th October 18s; I, but to take date from 18ih day of October 1821 ; in consequence of the said contract, I did not act as such for he was to do the said duties, and had the perquisites appertain- ing to said office, and hath so done, and never has paid to me one faithing ; but since his decease, Archibald Ogil vie has acted in that capacity, now I beg leave to mention these circumstances to your worships as matters of facts, and neither Hart, nor Ogilvie hath given me any or said perquisites since that period, promised in said deed. Gentlemen, can it be that the contract between Marston and Hart as aforesaid does deprive me of actinjf in said capacity as High Constable, until His Excellency's pleasure be " known on the same. " Therefore, Gentlemen, as you now are assembled, I have to notify you as ** before, that lam ready to act in said capacity as aforesaid, and pray your due '* consideration on the subject, and believe mc to be yours &c. &o. most rcs^ * pecttuily." (Signed) J. Marston, H. C. The Court having considered the entries made in the Register of the Quarter Sessions, of 1821 and 1823, and also a letter from His Excellencyr through his Secretary,dated 1st November 1821 ; orders that the said entries »u4 ■■■f ( Appinilix fd.J !' and letter be copied into this Register, for tho information of the Magistratei, and to serve for answer to the pretensions of the said J. Mai-stou. Montreal.-— Court of General Quarter Sessions of the Peace. Wednesday, 24th October 1821. Present. — Messrs. McCord, Mondelet, and tlie Honorable C. W. Grant. The Court on the application of Jacob Marston, for leave to resign the office of High Constable, grant him leave to resign the said office from this day: — Richard Hart one of the Constables of this City, shall be High Constable in the place and stead of the said Marston, and the Court appoint him to the said oflice. " Castle of St. Lewis, Quebec, 1st November 1821. h « Sir, " Having submitted to His Excellency the Governor in Chief, yotir " letter of the 27th ultimo, I am directed to inform you that he is " pleased to accent the resignation of Mr. Jacob Marston as High Con- " stable of the District of Montreal, and to approve the Justices' nomina- <* tion of Mr. Richard Hart in his stead, whose salary as such will commence " from this date." - ■ ' I have the honor to be Sir, . , Your most obetd. servant, (Signed) , J. Ready. JohnDelisfe, Esquire,^ Clerk of the Peace, > Montreal. S :i. (} 2 Pi ^ 1 mm k: r p ( «54 ) Jppsndix CO. J General Quarter Sessiom. Thursday, 10th July 1823f. Present,— Mr. Justice McGorcf, Mr. Justice MondelSt and Mr. Justice' Marcfaand. The Court havinpf ascertained that Richard Hart, High Constable for this District, is deceased, do hereby nominate and appoint Archibald Ogilvie of Montreal, and he is hereby nominated and appointed High Constable for the District of Montreal, in the place of the said Richard Hart; and the said Archibald Henry OgiWie took the oath of office of High Constable and ^Iso the oath of allegiance. Ordered, that the Clerk of the Peace furnish the said Jacob Marston, with copies of the above entry, in the Register of the Quarter Sessions of 1821, and of His Excellency's* letter of the same year Read Mr Adelphe Delisle's application for the situation of High Con- stable j9ro tempore in the room and place of Mr. Ogilvie. The Court in consideration of the respectability of the applicant and that of hisfarailv, unanimously resolve that hisreouest be granted, and that in consequence his name be laid before His Excellency the Governor in Chief for his approval. Ordered, that the Clerk of the Peace do transmit without delay to the Civil Secretary A. W. Cochran, Esquire, for the information of His Excel- lency the Governor in Chief, the proceedings of this Court, respecting the apiK»mtment of Mr. A. Delisle, as High Constable. Lli fiU ■f Special Session of the Peace. Saturday 20th l!)ecember 1823. Mr. Adelphe Delist®, appointed High Constable by the Session of the 10th November last, to fill ^ro tempore the situation of Mr. Archibald Henry Ogilvie, attended and asked permission to take the oath of office ; but as the Magistrates have not yet received from His Excellency the Govpnior in Chief an answer to the letter they addressed him to inform him of this appointment, do not at this Session think fit to solicit an answer on account of the £sw peiKHis pretent.- Resolved, •■> ', ( 235 ) Apptndix (Q.J Resolved, That a Speuial Meeting of the Mapstrates be called on Mon- day the 22d of this month, at 1 1 o'clock A. M. to take into consideration the application of Mr Delisle, and doterinine whether or not it is advisable to write itfain to His Excellency. Ordered, That the Clerk of the Peace do immediately gire notices of the IM^d meetiof . 11 !■ t^ Court of l^ecial Sessions of the Peaee, r Monday 32d December 1823. Present. — Thomas McCord, Louis Guy, Jean P, L^prohOn, Pierre De IBoucherville and Thomas A. Turner, Esquires. The meeting of this day having been called for the purpose of takings into consideration the nomination of Mr. Adelphe Delisle, as Hi^h Constable, for the District of Montreal. Resolved, That inasmuch as it is expedient that the appointment of such oiBce should take place before the approaching Courts of Quarter Setisions and Kingr's Bench, the Clerk of the Peace do write to A. Wra. Cochran, Esquire, to ascertain the pleasure of His Excellency the Governor in ChiePs pleasure respecting^ the nomination of the said A. Delisle *fO the said office, as transinitted to Mr, Cochran on the 10th November last. Special Session of the Peace. Wednesday 31st Dacember 1823. Present. — Thomas McCord, Louis Guy, Jean P. L^prohon, Pierre De Bocheblave and Thomas A. Turner, Esquires. Mr. McCord laid on the table a letter, of the 27th of this month, from the Civil Secretary in answer to the communication of the Magistrates of the lOth NoTember and 22d December of this year, respecting the appointment or ^ fP . f ... \ ■ '\ H 1' i 'I , ( 230 ) of Mr. A. Delisle as Ili^^h Coiibtublo, by which it appears that His Excel- lency th« (}ov«ri)or in Chief apnroves of this appointm«;nt ; and at the sanio time informed the ('ourt that Mr. DcliMie veitterduy took the oath of uf- Uce at the Meekly Session, and qualiiiea himself to act as IIi{(h Con- ktaide. Ordered, that a copy of the Civil Secretary's letter be entered in this lU'jrister. Castle of St. Lewis, Quebec, 27th December, 1823. ■■', i I am directed by ITis Excellency the Governor in Chief to inform you that lie anprovfs of the nomination of Mr. Adelphe Delisle to be High Constable for tue District of Montreal. '';i.. 1 have the honor to be Sir, Thomas McCord, Es(^r. Your most obedient servant, (Sig^ned) '>;■,.,■'.,•■.,,,,;,.,/ ^:A';-:^,-'-\,:;: ■* A. W. Cochran, Secretary. -■^^.I-.'J^: ' ■ ,'i ' ?: ■ 'f ■.■.'■■ j I >•:■',. u' Special Session of the Peace. , Saturday, 20th March 1824. pRESBNT.— Thomas McCord, Jean P. Leprohon, Thomas A. Turner, ^ Thomas Porteousand the Houble. C. W. Grant, Esquires. Mr. A. Delisle applied this day to bo permanently appointed High Con* stablo. Resolved ( 257 ) Appendix (Q.) Resolred, Thata 8pocial Meeting of the MajfistraUs be called on Saturday next the twenty-Herenth of this month, to consider the said anpUcatiou. Special Session of the Ptace. ^> vv , • Saturday, 27th March 1824. Present — Honble. Chs. W. Grant, Thomas McCord, Louis Guy, Thos. Portcous, Franyois Ant. Larocquo, Thomas A. Turner, Pierre De Roche- blave and Henry McKenzie, Esqrs. Read the proceedings of the last Session. Read the application made by Mr. A. Delisle, and by him submitted to the last Session, by which he prays to be permanently appointed Hij^h Constable in the room and place of the former High Constable A. H. Ogilvie suspended pro tempore by the Session of the 6th November 1823, until he should be cleared of the charges found aHfainst him by the Grand Jury attending the Crimiual^Court of this District, held in September last. Read the said order made on the Cth November last, respecting the tem- porary suspension of Ogilvie. Mr. Deksle, Deputv Clerk of the Crown and Keeper of the Register of the Criminal Court ot this District, attended and produced the Register of the said Court, by which it appears that the said A. H. Ogilvie was on the 28th February last, by the !Petty Jury of the said Court, found guilty of as- sault and riot, and condemned on the 10th of the same month to pay a fine of £10 currency, and to one month imprisonment in the common gaol of this District. Mr- J. S. McCord, advocate, was admitted, and on behalf of Mr. Ogilvie, prayed of the Magistrates that before they decided on Mr. A. Delisle s ap- plication, and dismissed the said Ogilvie from office, a day might be given him to appear before the Magistrates, and be heard in his defence. The Court were of opinion, that they cannot grant Ogilvie's request, but that it is expedient to call a special meeting of the Magistrates for the pur- pose of taking into consideration, the verdict of the last Criminal Court, against the said Ogilvie, and of determining whether the said Ogilvie ought to be dismissed ; and if so, whether the said A. Delisle ought to be permanent- ly appointed High Constable. Ordered, f ii ( 238 ) ApptndiM (G.) «»• : I ,,«•' Orderoil, That that the said special meetings b« held on Saturday next, and that tUt> Cierk of tlio Poaue da in coiu(e«|ueuo« give uatice thereof to the Justiceii of the Peace. Special Seanon of the Peace. t Saturday 8d April 1^24. Prbsent.— The Honble. Chs. W. Grant, Thomas McCord, Jean M. Mout deldt, Louis Guy, Jean P. Loprohon, Thomas Porteous, Henry McKenzie, Pierre De Boucherville, Franyois A. Larocque, Thon^g A. Turner and Pierre De Kocheblave, Esqrs. ■1- /' 'I I'; ■•; Head the proceeding's of Saturday last. — The Court proceeded on the or- ders of the day appointed in the session of Saturday last. 1 ® . — f )u that respectinjf Mr. Archibald Henry O^ilvie, a motion was made to resolve ; that in consequence of the production on Saturday last of the Jud;j;ment rendered on tlie 10th of Marcii last, against the said Ogilvie, he the ■aid 0;jfilvieounfht to be deprived of his situation as Hi<>:h Constable. IronitMliately after this motion, a petition by him signed, dated this day was produced on his behalf and read, tojifether with two recommeudutioiis in his favor, one from the Petty Jury who gave a verdict against him, and the other from several citizens of Montreal, which went to solicit the reiiistar tionof the said Ogilvie. After mature consideration, the Court was unani* mously of opinion that the said A. H. Ogilvie ought not to be re instated ; and that the situation of High Constfible ought to be and is declared va> pant. And in consideration of the application made by Mr. Adelphe Delisle, High Constable, pro tempore^ to be permanently appointed in the place of the said A. H. Ogilvie. Resolved, That the said Adelphe Delisle be appointed High Constable, in the room and place of the said Ogilvie, from this date : that he do imme- diately take the oath of office; and that the Clerk of the Peace do imrae. diately inform the Secre^^ry of His Excellency the Governor in Chief of this appointment, for his approval. Mr. A. Delisle was imueaiately admitted iMud took the oath of office. 4 Apptndix (O.) 17 next, and jreof to th« ril 1^24, )an M. Moiif MoKenzie, Turner and d on the or* ion was made y last of the );r'lvie, he the table. iited this day tnimeudations : hira,and the the reiiistar *t was unani. e re iastated ; declared va> Delisle, High ice of the said Constable, in le do imme- ce do iinrae> in Chief of ' office. Spicial s Special Setiion of the Ptacei . %,. I Saturday, 17th April 1824; l»REsrNT.— The Honble. C. W. Grant, Thomas McCord, J. M. MondeWt. Louis (liiy, J. P. Uprohon, Jean Bouthillier, Henry McKenzie, Thomas Por- (eous, Pierre De Boucherville, Charles Fremont, Frs. A. Larocquc, Huiroet Heney, Thomas A. Turner and Pierre De Kocheblave, Esqrs. Read the proceedings on Saturday last. , Mr. McCord laid before the Court a letter from the Secretary of the Oo- ternor in Chief, dated the 9th of this month, in answer to the comminiioation made to hira on the 3d instant bv the Muifistrates, respecting the appoint /nent of Mr. Adelph'e Delisle as "High Constable. This letter was read, au^ is as follows : auA Castle of St. Lewis, Quebec, iili April 1824. " Gentlemen, " Havnig laid before His Excellency the Governor in Chief, the proceed ings of the Magistrates of Montreal, assembled in Special Session of the Peace on the 3d instant, nominating the appointment of Mr. A. Delis! i at Higi Constable, in thei;'oomof Mr. A. Ogilvie; I am commanded b^ him to ac(|uaint youfor the information of the Magistrates, that although he is on this as on all other occasions, desirous of meeting their wishes and -He therefore tbijiks it expedient to dediue cenfiruuog the no- mioatioB ( 240 ) . Appendix ^(i.) mination of Mr. Delislc, and am ^ts me to suggest the great a«'. /an^age of placing at the head of this Department the person before mentioned. I have the honor to be, Gentlemen, Your most obedient Servant, - ' (Signed) ' s.«i i A. W. Cochran, Secretary. The Chairman of Quarter Sessions, Montreal. After which a motion was made to resolve : . 1 ® . — That it is the incontestible right of the Justices of the Peace in their Quarter and Special Sessions to appoint and swear in the High Constable when circumstances require it. On this motion the Court divided ; for the motion 11, against it 3;— majority 8. 2 ® . — That the appointment ofMr. A. Delisle is according to Law. The Court divi'ied ; for the motion 13, against it 1 ; — majority 12. 3 * . — That Mr, Adelpht Delisle since the 10th November, on which day he was appointed High Constable joro tempore, and since th^ 3d of April instant, vnen he was permanently appointed Kigh Constable, and sworn in as such, has by his conduct proved himself worthy of the office with which he has been entrusted. Passed unanimously. 4® . — That there being no complaints against M. A. Delisle for neglect of duty or malversation iu the said office, there cannot and otlght not to be any plausible reason for depriving him of the same. The Court again divided : — for the motion 12 ; against it 2, — majority 10. 5 * . — That the Clerk of the Peace do transmit without delay to Mr. Secretary Cochran, for the information of His Excellency the Governor in Chief, tiie above resolutions and the following letter : Passed unanimously. ~ Mduuchi, 17th April 1 824-. Sir, .^K*' '-.^.Vt ir";' I am directed by the Magistrates of the City of Montreal, this day met in Special Session for the purpose of taking into consideration your letter of ( «*1 ) Appendix (G.) H Manage of >ned. cretary. eace in their Constable led ; for the Law. The n which day 3d of April md sworn in with which )r neglect of lOt to be any majority 10. 'lay to Mr. Governor in il 182^. is day met your letter of of the 'th xnstant, with regard to the intention expressed b^ His Excdlen- cy to decline conlirminjr the appointment of Mr. Adelphe iJelis'.e as Hijrh Constable of the ( ity of Montreal, to inform you that the said letter has been read to them, and that they have maturely considered its con- tents. I am directed to transmit to you without delay, for the information of His Excellency, thft result of theirdeliberations, the substance of which will be found in the following principles and rsasons. On the suggestion of His Excellency, intimated in your letter of the 16th October 1«23, the Magistrates did not hesitate, in their Session of the 10th November in the same year, to suspend Mr. Archibald Henry Ogilvie from his office of High Constable, and appointed Mr. Adelphe Delisle ^ro tempore in his stead and place. This appointment was confirmed by His Excellency the Governor in Chief ; and this confirmation was intimated to the Magis- trates by your letter of the 27th December 1823. In the appointment of Mr. Delisle to the office of High Constable, the Magistrat'^ hadeonoulted not only the interest of the public, by making choice of a person who world give respectability to the office, and would actively fulfil the duties attending it, but also the recommendation of the Judges of the Court of King's Bench for this District and of several of the irost eminent citizens of Montreal. — When Mr. Archibald Henry Ogilvie was found guilty of the misdemeanor by which he had deserved to lose his situation, there was nothing to prevent and every thing concurred to in« duce the Magistrates to appoint in his place Mr. Adelphe Delisle, whose regularity of conduct and vigilance in the execution of Lis duties were the best proof of his right to the office. He had already been approved by His Excellency ; the Magistrates did not presume any motives which could induce His Excellency not to repeat his approval with regard t;> this new appoint* ment ; they could have no expectation of his declinic^ to do so ; they knew of no person more de. lerving ; they did not therefore hesitate to appoint him permanently High Constable in the place of Mr. Archibald Henry O^lvie, and to administer the oath of office ; and they venture to assure His Excellency that this appointment meets the approbation of the Judges of the Court of King's Bench, of the SheriflF, and of the Public— The Magistrates acted under the conviction that they could not make a better choiee* — Mr. Adelphe Delisle speaks and writes both French and Eu^Ucb !>-he is acquainted with the citizens and is kaown by them ;— he was born in tnitt »,v.v;^, and is of a respectable family ; he fulfils in jperson the duties of bis office ; there are no details to which he is not willing to attend, or to whioh he does not at- tend when occasion requires.-— He supports hinself by tiui9?*^uaiti0iL(il(bfn^ it is by no means a lucrative one. , , .,, 2 H The !.« r; >■ '/ ( 24^ ) Appendix (Q.) The Magistrates are convinced that he is competent to the peiformance of all the duties of the office. In making' this appointment the Magistrates have exercised a right which they believe to be indisputably theirs ; a right which even by the acknow- lec^'ement of His Excellency the Governor in Chief, belongs to them. They sincerely regret that His Excellencv does not think fit to concur with them, but their motives are too just, and their right too certain not to pro^ duce in them a conviction that it is their duty to persist in the appointment they have made. The Magistrates are convinced that the Police of Montreal ought to be placed on the most active footing ; this T)istrict, which is the most populous in the Province, and in which immorality has for several years maae the more rapid progress from the circumstance of the population having been considerably increased bv the influx of Emigrants, can Only be purged of the vices which exist in it by the vigilance and assiduity of the Magistrates and of their subordinate officers in the discharge of their duties. The Magistrates have received with equal respect and gratitude His Ex- cellency's assurance of his desire to comply with their wishes on all occa- sions, and humbly pray His Excellency to believe that his recommendation would have had the greatest weight with them, if they had not believed they should be guilty of an act of injustice towards Mr. Adelphe Delisle and towards the public, in prefering a stranger, vf whom thev have no know- ledge, to a native of the Country, of whose integrity and vigilance they are assured. I have the honor to be, - > ' ;> '; , with consideration, ■""•v: Sir, -■^.:-;:i^,-;:n;;.:'/' Your very humble and obedient Servant, :*■ ■Wl,:-. A. W. Cochran, Esqr. Civil Secry. Quebec. (Signed) Jno. Delisle, C. P, ^i^4- ' The Petition signed William McCulloch praying for the situation of High Constable was received and read. — The Court order that the Clerk of the Peace answer the said Mr. W. McCulloch in writing, and inform him that they cannot grant the prayer of his Petition. Thft Court adjourned until Monday next, at 1 1 o'clock A. M. (4. Special 5 - ( 243 ) Appendix (G.) )raiance of light which ^0 acknow- to them. )ncur with [not to pro* }pointnient ight to be t poDulous maole the aving been y purged of Magistrates de His Ex- on all occa- nmendation lot believed phe Delisle e no know- ice they are SLISLE, C. P. ■>-/^!r' f-'n'' Special Session of the Peace, ' . Monday, 19th. April 1824. Present :— Jean M. Mondelet, Jean P. LiSprohon apd Pierre de Boup cherville, Esquires. > The meeting took place in pursuance of the adjournment of the Session of last Saturday. Owing to the small number of Magistrates present the Court thought proper not to proceed on the orders of the day, but to postpone the consi- deration thereof until Saturday next. Ordered, in consequence ; That the Clerk of the I*eace give'notice of this adjournment to the Magistrates, -> ,-'>«,.. ," , ;«!. ■; ■ "' '|i-:k^J^■,<■^ Montreal, Court of Special Sessions, t Wednesday, 2Ist. April 1824, Present : — Jean M. Mondelet, Jean P. L^prohon and Hugues Heney Esquires. »• :vVj..- Ordered, That the Clerk of the Peace do call a Meeting of the IVIagis- trates for tomorrow at ten o'clock in the forenoon, t< vc into considera- tion a document relating to the proceedings, which < }>lace at the last meeting of the Justices, on the 17th. instant, with res|iect to the nomi- pation of the High Constable. m of High lerk of the u him that Special ■'%>. fji special Session of the Peace. . ^ ^ , •- Mt T? Thursday, 22nd. April 1824, Present :^The Honorable Charles Wm. Grant, Messrs. Thomas McCord, J«an M. Mondelet, Louis Guy, Jean P. Leprohon, Jean Bouthillier, Tho- mas F1 I, ''} ( «44 ) AftptneUx ((*) ■4 .I.'. .. ■.. .C mas Portcous, Henry McKenzid. Pierre do Boucherville, Pierre do Roche- blave, Hujjues Heney, Frs. A. Larocque, Thomas A. Tamer. The Conrt met i«i con8eqiieii«e of the Session of yesterday, to take into consideration a document rclatin<^ to the proceedings at the session of the 17th. instant, with respeet to the Hiffh Constable; this document was pro* duced and read, and is an affidavit of the Constable Jean Pr^noveau, con- ceived in the following^ terms : " Jean Prenoveau, one of the Constables of the City and District of Montreal, being sworn upon the holy Evangelists, maketh oath and saith, that yesterday a letter was delivered to him by Mr. Delisle the (Jlerk of the Peace, with direction to immediately carry the same to William Mc- CuUoch, Esquire, residing in the Quebec subnrb of this City, that this deponent went to the House occupied by that Gentleman and delivered the said letter, that said Wm. McCuUoch asked deponent, who v/^re the Magistrates that had met ? to which deponent answered he did not know, th<^t said Wm. McCulloch told this deponent that a gentleman had been so polite as to scud him a list of those that had met on Saturday last and produced a printed list of names, that this deponent observed that it was a list containing the names of some of the magistrates of this town, that " said Wm. McCulloch asked deponent if he would drink some brandy, which deponent declined taking, saying that he did not like strong liquor, " but beer ; that he was served with a glass of beer, that he the said Wm, ** McCulloch asked of Deponent what Mr. Delisle thought of his situa- ** tioo of High Constable, and if be believed he would hold it ; to which ** this Deponent answered that he believed that said Mr. Delisle had hopes ** of holding the situation, to which Mr. McCulloch answered : they have " not done yet, they are jast beginning, you will see a hell of a dust lucked ** np, and added, that he was informed that Mr. Mondelet was the person ** who dictated the letter which was to be sent to the Governor; and ob« ** served that many of the Magistrates had nothing to do with government, *' but two of them had, and particularly one of them, which might be sorry " for it and might lose something. " That Mr. McCulloch enquired of this Deponent who was one Mr. He- ** ney ; to which Deponent answered tb»t be was i Member of Parliament; " that said Wm. McC^uUooh told Deponent that lie was well informed that ** Mr. Heney M'as one of the first that opposed him at the meeting of the " Magistrates, and observed to Deponent that Mr. Turner had always ap- " peared to be a friend of his, but he now found the contrary, and reauested " of this Deponent that if he heard any thing for or against him_ to let him " know or Mr. McConnell. ♦* This Deponent further saith that Mr. McCulloch told him, that he ** should not be sorry at not {fettidg the situation of High Constable since h« (( « (( « («45) Apprnidim (G.) HH au. con- " fae had heard it was not worth what he had heard and expected, which ** was five hundred pounds, and said that he expected a better one.*' 1-. (Signed) Jean Prenoveau." Sworn at Montreal, this 20th. day of April 1824. (Signed) George Pyke, J. K. B, Resolved, That the above proceedings and affidavit, with a copy of the following letter, be transmitted vrithout delay by the Clerk of the Peace, to Mr. Secretary Cochran, for the information of His Excellency the Govern nor in Chief. .. . Montreal, 22nd. April, 1824. Sir, Having been directed by the Magistrar«8 in their Session of the 17th. instant, to transmit to Mr. William McCulloch their answer to the Petition which he had that day presented for the situ ion of High Constable, I sent it to him on Monday last by the Constable, Jwan PrSnoveau. The conversation which took place between Mr. McCulloch and Pr^noveau was reported to some of the Justice::, of the Peace, who immediately con- ceived it to be their duty to have this conversation laid before the body of the Magistrates for their consideration ; the meeting was held this day, and after mature consideration the Magistrates made an order that the annexed copy of the Deposition of Pr^noveau the Constable, should be forwarded to you for His Excellency's information ; and it is in consequence of this or- der that I address you. The Magistrates think it right to adopt this measure for the purpose of proving to His Excellency how great toe indiscretion of Mr. McCulloch uas been and how little he is deserving of their support. They know the honesty and good conduct of rr^noveau, and being per- suaded of his veracity, cannot help giving credence to his report, more par- ticularly when made under oath. , - ^- , , , ,..,,,. ' "^ I have the honor to be, :^> , Sir, Your very humble and obedient Servant, (Signed) A. W. Cochran, Secretary, Quebec. Jno. Delisle, C. P. I 1 1 ( 24(i ) Appendix (O ) ii?:..- »■■■ Hesolvcd, as the opinion of this Court, That the information which !»Ir. McC'Ulloch has received and which is mentioned in Pr^noveau's affidavit, could not have heen obtained by him, but by the indiscretion of some of the members of the Session of the 17th. instant. Besolved, That such indiscretion deserves the censure of this Court, since it has always been and still ouffht to be understood, that the delibera- tions of the Courts ou^ht never to ue divulged, although the proceedings iH^ht to be cqnsidcred Public. 'M-.,', '■l'\'l:Vyii^. Special Session of the Peace, >;, ' ? !' Jr . Saturday, 8th. May, 1824. Present. — The Honble C. W. Grant, Jean M. Mondelet, Louis Guy, Jean P. Leprohon, Henry McKenzie, Pierre de Rocheblave and Thomas A. Turner, Esquires. Mr. Mondelet produced a letter from Mr. Secretary Cochnm dated the 3rd. instant j which letter was read, and is as follows ; •f: ':>!■ • :,* Castle of St. Lewis. Quebec, 3rd. May, 1824. *' Gentlemen, (( >! I ! ' cc u u it *t tt »( w (( tt The proceedicgs of the Magistrates assembled in Special Sessions at Montreal, on the 17th. and 22nd. April, together with the letters of the Clerk of the Peace of the same dates, written by order of the Magis- trates, having been laid before His Excellency the Governor in Chief, and having been maturely considered by him, I am commanded by His Excel- lency to acquaint you for their information that he regrets to find that there is such an entire difierence of opinion between himself and the Ma- gistrates with respect to their appointment of Mr. Delisle as High Cons- table, in which they persist, but His Excellency does not think it necessary at the present moment to take any further notice of these proceedings, except in apprizing the Magistrates through y«u, that Mr. Delisle's appointment not Ma ( 247 ) Appendix (il.) ** not hnng sanctioned by His Excellency, no salary can be allowed to lii«i ** as High Constable from t! date of my letter of the 9th. April, sig^nifyiog' " His Excellency's determin... lou on the subject." " I have the honor to be " Gentlemen, . « Your most obedient Servant," ^'- ' ^ - ' > /) ^i (Signed,) A. W. Cochran, ^j Secry.** ** The Chairman, Quarter Sessions, Montreal.' Resolved, That the Clerk of the Peace acknowledge immediately the receipt of the said Letter by that of which the following is a Copy. Montreal, 8th. May 1824. 8ir, I am directed by the Magistrates in their Special Session of this day, to inform you that your letter of the 3rd. instant was communicated to them, and that in obedience to the order of His Excellency the Governor in Chief which it contains, they have intimated to Mr. A. Delisle that his Salary as High Constable will not be allowed him from the 9th. of April last I am directed by the Magistrates to repeat to His Excellency the Go- vernor in Chief, the sentiments of respect with which they have received all his communications, and to assure His Excellency that they sincerely regret that any difference of opinion exists between His Excellency and the Mi^;i9> trates respecting the right of appointing the High Constable. I have the honor to be Your most humble and obedient Servant, i ^'. !■» (Signed) A. W. Cochran, Esqr. Secry, Quebec. Jno. Delisle, C. P. Special 1 1 1 if ( S48 ; Appendix (G.) ^:.^ .V'.. "■ ' Special Session of the Peace. Tuesdny, Ist. June 1824. Present. — Thomas MoCord, Jean M. Mondelet and Thomas A. Turner, Esquires. Ordered, That the Clerk of the Peace cause to be prepared and delivered without delay, copies of th^ Proceedinjgrg of the Court of Special Sessions on the subject or the appointment of the High Constable, A. H. O^rilvje and his successor, and also Copies of the Proceeding of the said Court res- pectiufi; the charivari winch took place in May and June last. Certified, Jffo. Delisle, C. p. Appendix (H.) Form qf the Commission qf the Returning Officeryfor the West Ward of th» City of Monti etU, George IV. by tlie Grace of God, of the United Kingdom <^ Great Britain mdlrelana. King, Defender of the Faith. — To our loving subject Greeting ;—- Whereas, for the Divi> non of our Province of Lower-Canada, for the purpose of holding an As- ■embly in the same, therein is become entitled to cnuse Representatives for the same Assembly ; Know ye, therefore, that having confiaenoe in your loyalty, ability and integrity, you we have nominated, constituted and appointed, to be our Returning Officer of the to be therein chosen for the in Assembly. To have and to hold the same Place and Trust of Returning Officer for the -for and during and until the day of in the year of our Lord One thousand eight hundred and , or the sooner determination of our pleasure respecting the same, to- gether with all the Rights, Powers, Authorities, Profats and Emoluments, which to the said Office do or ought to belong or appertain, in pursuance and by ( 1249 ) Apptndix (\\.) (I.) by virtue of tlio Act of Purliamput in that case made and passed in th« SUt year of the Rei<|^n of Georjfe the Third, and of those Presents, and of Pro- clamations, Commissions and Instruments and Authorities, hy ui heretofore issued, and of the Writs by ns hereafter to be issued by virtue of our Royal Authority, and agreeable to the tenor anc' intent of the said Act. In tes- timony whereof, we have caused these our Letters to be made Patent, and the Great Seal of our Province to be thereunto annexed ; Witness our Riffht trusty and well-beloved Geor^^c, Earl of Dalhousie, Baron Dalhousie of Dalhousie Castle, Knight Grand Cross of the most honourable Military Order of the Bath, Captain General and Governor in Chief, in and over our said Province of Lower-Canada, &c. &e. &c. at our Castle of Saint Lewis, in our City of Quebec, in our said Province, the day of , in the year of our Lord, one thousand eight hundred and , and in th» year of our Reign. Appendix ,^1.) Form of the Oath taken by //. Griffin^ Esquire^ as Returning Officer. I, Henry Griffin, Returning Officer for the West Ward of the City of Montreal, do solemnly swear, that I am resident in the City of Montreal, and duly qualified as an Elector for the West Ward thereof, and that I have not directly or indirectly received any sums or suras of money, office, place or employment, gift, gratuity or reward, or any bond, bill or note, or any promise of any gratuity whatsoever, either by myself or by any person for my use, benefit or advantage, for favouring the election of any particular per- son or persons, or making or endeavouring to make the return of any par- ticular person or persons at the present election of a member or members to serve in the Assembly of this Province, and that I will proceed in taking* the votes of the Electors, and will make return of such person or persons as shall appear to me to have the majority of legal votes, and this I do solemnly •wear to do without partiality, fear, favour or afi^ection. Sworn before me at Montreal, this ) 26th day of July, one thousand > •i^ht hundred and twenty-seven, ) (Sipped) Robert Froste, J. P. tat- So hcj^p me God. (Signed) H. Gbitpui, Certified a true CopT> Thomas DouguMit Clk. Own-iaChf. Appep- !( ;-• nv ( «^o ) 4 ■'-J I 1 i; ^l'^': If"-*''- i; Appendix (K.) Court of Oyer and Terminer & General Gaol Delivery. Montreal. August Session, 1828, The Kinff tb. Joseph Brazeau the younger. Filed 23d Aug. 1828. Indietment for a Riot, and maliciously and unlawfully cutting down and destroying a May-Pole near the dwelling*hou8e, and on the laqd, of one Au- toine Danis. No Bill. (Signed) Francis Badoley, Foreman. Witnesses. Antoine Danis, Antoine Danis, Junior, Aug. Quintal, Jacques Joron, Franfois Desvoyau, Certified, Jeremie Franche, Marie Chantal Franche, Marie Masson, (wife of Joseph Duchesne.) J. Delisle, Clk. C. No. 8. Court of King's Bench. Montreal. September Term. 1828. The King vs. Joseph Brazeau the younger. Filed 5th Sept. 1828. Indictment for a Riot, and maliciously aud unlawfully cutting down and destroying a May-Pole. A true Bill. (Signed) T. Porteous, Foreman. Wit- ( 251 ) Appendix (K.) Antoiue Danis. Antoine Danis, Junior. AuguBtin Quintal, Jacques Jauron, Franyois Desvoyau, Prisque Charbonneau, Certified. Witnesses. Marie Masson, Hyac. Seguin, Joseph Seguin, Antoine Franche, Am. David. Pierre Hogue. John Deusle, Clk. C. 7 ' No. 14. Court of King's Bench. Montreal. September Term, 1828. The King agt. Chennier, Paul Brazeau, Franpois Martin, Jean Clerout, Joseph Brazeau, the younger, and Maurice Lemer, otherwise called Maurice St. Germain. Indictment for a Conspiracy to harass, injure, and oppress, certain Captains of Militia, in the County of York, and to compel them to resign their Com- missions. Filed 10th September. All pleaded except Paul Brazeau. A true Bill. x, ; t (Signed) T. Porteous, Foreman. Witnesses. Jean Bte. Collet, Jean Bte. Jimbault dit Mata, Frans. Leonard, John Davis. Jean Bte. Richer, Edward Viau, Frans. Desvojau, Antoine Dams, Aug. Quintal, Frans. Meloche, Certified, John Dblisle, Clk.C. Appen- -iil Wi W' Pi if' ( i52 ) Appendix (K.) ( L. ) Montreal ^ Court of King's Bench, Criminal Jurisdiction. Wkdncsoay, lOtli fc^eptombcr, 1828. No. 14. Tho Kin^if vs. ) On Indictmont for a Conspiracy to harrass, injure and Joseph Vruzrnu > oppress, certain (Juptuins of Militia in the County of York, the younger. ) und to compel them to resign their Commisssions. « Josepli Brazoau, the elder, of the Parish of St. Benoit, in the District of Montreal, and Charles Ambroise Laberge, of the Parish of Montreal, entered into recognizance towards Our sovereign Lord the King, each in the sum of One hundred pounds, current money of this Pro- vince, for the uerbunal appearance of Josej^h Braseau the younger, at the next Court of King's Bench to be holden in and for the District of Mont- real, ou the lirst diiy of March next, and that he, the said Joseph Brazeau the younger, shall attend the said Court from day to day, till discharged by due course of Luiv. Certified. John Dblislb, Clk. C. Appendix (L.) 1 vt, v;';: Sir, Montreal, 2'2d. Deer. 18t9. I had the honor to address you under date of the 17th instant, acknow- ledging the order of the Committee, and notwithstanding my week state of health 1 stated it to be my intention to attend. Considering the shock tliat my constitution has experienced in my late dangerous illness, the delicacy to which I am reduced, and the necessity of taking medecine daily (which I still do) both my friends and myself think the undertaking so long a journey, at this severe season, would be attended with extreme danger to my life. — I therefore beg the Honorable Committee will be so obliging as to dispense with my attendance— hoping at the same time the public service will not suffer tbereby. They ( «53 ) Apptndim (L.) (M.) Thev may be assured that was ray health such as to admit of it, I should be fflad to present myself before them, f enclose a certificate from my Medical attendant, and I remain, Sir, Your obdt. servt. R. Frostk. To Ed. Olackemeyer, Esqr. "j Clerk of the Committee I of the House of Assembly l ^ on the Montreal & York j ! , Petitions of Orievances. | — Quebec J I ( ortify that I have attended Mr. R. Froste for nearlv two years past : Thai he has suffered a very severe and dangerous fit of sickness last summer : That he is yet in a delicate state of health. — I further believe that he is un- der the necessity of taking some slight medicine daily. RoBT. Nelson. Montreal, Deer. 19th ises. i!l Appendix (M.) Mr. Neilson. ncss 1 had scarcely arrived in Quebec, to which place I was called by my busi- ss in the Court of Appeab, when I learnt the news of my dismissal as Captain and Aide^Mwor of the Division of Boucherville. I will not say that I was much surprised, for experience and the present situation of affairs, tend strongly to guard us against astonishment. Knowing perfectly the rights which an English subject enjoys, you will not perhaps be disposed to reject the following. I -i ' J ■*»■ Present : — Messrs. Rene Kimber^ Chairman, Pierre Defosses, Jean Dou-f cef, ' tienne Tapiif, Joseph Dubord Lafontaine^ Jean I>efosses, Louis R. Talbot, W. Vondenveldeuy Joseph Lonval, Etienne Leblanc, Pierre BlondiUy L, Olivier Coulornbe, Laurent Craig, Charles Mondeletf Ant. Zeph. Leblanc, and Antoine Gareau. Read the General Order of Militia of the 24th instant. Resolved, Istly. That the loyalty, integrity, firmness and independence which have at m times characterized all the actions, both public and private. ? K 9t 'I-, u, Ik % liiil^i^, ( 2.^8 ) Apiteiiiiix (^N.) i 1 ©f Franfols Lcfjendre and Antoine Poulin de Oourval, Esquires, Deputy Chairmen of this Committee, and especially the course they have followed in the crisis which has necessitated accusations on the part of the inhabi- tants of this country ajyainst the Earl of Dalhousie, have earned for them the confidence and respect of their fellow*K;itizens. Resolved, 2dly. That this Committee have learnt, that by the General Order of Militia of the 21st inst. His Excellency, George, Earl of Dalhou- sie, haa cashiered these Gentlemen, and deprived them of their rank as Lieutenant Colonels of Militia, allejring-, " that they have shown themselves *• the active a^jents of a party hostile to His Majesty's Government." Mesolved, 3aLy. That in the opinion of this Committee the assertion thus made by His Excellency, is entirely without foundation. Mesolvedy 4thlv. That, accordiug-ly, this Committee believe themselves authorized to declare, that these dismissals can never diminish tlie respecta- bility of the persons who are the subject of them. Besolvedj 5thly, That the following Address to Messrs Francois Lefjen- dre and Antoine Poulin de Courval, be adopted by this Committee, and that a Special Committee composed of four members, viz : Messrs. Jean Doucet, Joseph Dubord Lafontaiue, Etienne Leblauc, and Jean Defossds, take niea* sures for transmitting the same to Messrs. Legeudre and Courval. 'h ' '' (True Extract.) Secretaries 5 CHARLES MONDELET, :i .V , ....:. .> secretaries, J ^j.^ ^ LEBLANC, On Tuesday the 26th, the four Gentlemen chosen by the Committee to transmitthe Address of tie Committee to Messrs. Legendre and De Courval, understanding that Mr. Legendre was in the town, went to the Hotel at which he resided, and presented the following Addi'ess, which had been adopted by the Committee : — ■, * fT' " • , To Franpois Legcndre and Antoine Poulin de Courval, Esquires. We, the Members of the Constitutional Committee of the District of Three-Rivers, have considered it our duty to express our deep sense of the injustice which His Excellency, George, Earl of Dalhousie, has done you, in depriving you of your Commissions as Lieutenant Colonels. We hope that this arbitrary proceeding will be discountenanced by the paternal (to- rernmentof His Majesty; and we take the liberty of assuring you, at the »»me time, that our respect for you has increased in proportion to the di- minution of rank which you have both suffered. The V 259 ) Tlie Committee see Ii. you two couraifeous putriots, whose title to the tespect of the people hecomes str ouster, in proportion to the efforts made by the administration to render them contemptible. Three-Rivers, 25th February 1828, * Mr. Legendre was pleased to make the following reply : — Gentlemen, ' Notwithithstandinj^ the assertions contained in the General Order of Militia of the 21st instant, I foel myself in no wise guilty of the conduct of which I am accused, since in spite of His Excellency's declaration, I shall be at all times ready to afford my services to His M^esty whenever he may need them. If His Excellency believes he has punished me for having been one of the Deputy Chairman of your Committee, I am sorry that he so deceives himself, since nothing can afford me greater pleasure than the sa- crifice of my commission in the cause of my country. I entertain a deep sense of the honour you do me, and I thank you for it. FRANCOIS LEGENDRE; Three-Rivers, 26th February 1828. On the same day, the Gentlemen deputed for that purpose, waited on Mr. Courval, presented the Address to him, and received the following Au- er : — ■-•;■,:. . - - .■,,..,...: .,, , , ,. Gentlemen, de »wer : His Excellency, in depriving me of my Commission as Lieut. Colonel, far from succeeding in his design to mortify me for having been faithful to my country, has conferred on me much honor by associating my name with those of so many illustrious men who have suffered oppression in a cause for which a Canadian ought constantly to be in readiness to sacri- fice his fortune and his life. I receive the marks of honour which you now offer me, as rendered, not to myself as the individual, but to the motives by which my conduct will be governed until death. Be pleased to accept my most sincere thanks for the trouble you have taken in my behalf. A^TOINE POULIN DE COURVAL. Thrde-River*, 28th February 1828. Before •:l \^1 tt I. ( 260 ) Apptndix CS.) i^efore these Itesolutions were adopte>A ;i* At a time when the puhlic mind was nearly restored to thut state of tranquillity \thich distiunfuishes the Canadians, another sttM> has been taken by our Colonial Administration tending to prevent this etiert. The Quebec OtHcial Gazette of the l^lst instant, announces to us that Francois Legendre, and Autoine Poalin de Courval, Esquires, our two Deputy C'hajr- men, have, anion<^ others, been deprived of their Commissions as Lieutenat(t Colonels by the Earl of Dalhousic ; and the reason which His Excellency \H pleased to assilorions, for these (ifaliuut citizens, to see their names inscribed on tlie endless catalo<>-ue of the victims of devotion to the sacred cause of their country ! But if we arc impressed with these sentiments, let us hasten to make them known to these gentlemen. Let them be rec > tnpensed ; what do I say? Let them 6corn the vain attempt to degrade them. They never shall be degraded since the country can tveigh their msrits ; and what more is required by Ca- nadians who love their country. ? When our proceedings are made public, His Excellency «ill learn, that mere rank is insuflicient to excite credence ; that merit aioiie has any wei<»-lit in the opinion of honest men, and that piibh'i; opinion is not only sutlicieut io counterbalance charges as ill directed aS those which he has made,but is infinitely preferable to all the honours whi(;h he showers 6n those who obtain them only by abjuring their political fiith, by avowing themselves traitors to their country, and by staining for ever a name which Mas'>-iven to them only that they might earn for themselves the addition of " a tiue Canadian," Be pleased then, Gentlemen, to allow the following Resolutions to b« submitted to you, &c. ■h^ Pbtition of divers inhabitants of ihe Comity of York, presented to the House of Assembly, 28th November, 1828. To the Honorable the Knights, Citizens and Burgesses representing^ the Com^ mons of Lower Canada, in Provincial ParUament assembled. The humble petition of the undersij^ned, inhabitants of the County ni York, respectfully slteweth: That since the premature prorogation of the Provincial Legislature bj His Excellency the Earl of l)a/Aousie, late Governor in Chief of this Pro- vince, on the seventh of March one thousand eight hundred and twenty-«e»'eii/ many important and serious inconveniences have aAlicted the people of tliis I'rovince, threatened completely to undermine the most valued and best se- cured privileges of His Majesty's subjects, and have excited a degree of un- easiness and alarm prejudicial to their repose and to the^ood government of the Province. By exercising the Royal prerogative, first to prorogue and then to dissolve » Parliament, which, although it had already mada much progress ia the B- f I!-'- H. I' »;5 SI ';i Petitions; the public business, have nevertheless to tonniiiate sev«^ral important Bills which were necHssary to tlie jfeneral iuterosts of the CoU)ny, the Sassing' of which that prorogation prevented, and by his subsoqiKMit con- uct ill the several acts of his Adininistratiou, His ExcoUency the Earl of Dalhousic deprived the Country of the Sessions of its ParUament, and com- mitted several other abuses and grievous acts, which have been fully set forth in the Petitions to the Kini^and the Imperial Parliament, by the tnha- bit^mts of the several districts of this Province, to the iuvestijjation of which the Petitioners bog- leave to call the House, and upon which a miraerouH Commitiee of the Honourable the House of Commoos agreed upon a Re- port, wliicii contains sevvhich the Judges of His Majesty's Courts, and Officers having Salaries durinnf pleasure, should be ex- cluded. Another for rendering: effectual the disposition evinced by the Im- perial Parliament to restore to the countr\ , for the purposes o^ education, the Estates possessed in this Province by the late Order of Jesuits. The passing of a Law to constitute and regulate a Militia force in the Province, is among the number of the benefits M'hich the Petitioners expect from the labours of the House. The Earl of Dnlhoime having prorogued the Legislature, and thereby deprived the country ofa Militia Law, soon penunved his error, but instead of adopting the legal course of convening the Parliament, he took it upon himself to re-establish the superannuated Ordin- ances, long ago repealed by solemn acts of the Provincial Legislature, there- by assuming the exercise of a Legislative power, which the Constitution has wisely invested in the three Branches. It is the more to be lamented, that those Ordinances should have been revived, as they were passed at a time when the country had not as yet acquired the full rights ofa British Coun- try and as they contain provisions subversive of those very rights, and have a tendency to cause a military despotism, instead of constitutional liberty to Srevail. It has even come to the knowledge of the Petitioners that excellent urists have declared that those Ordinances never were legally in force, the Quebec Act not authorizing the Legislative Council to pass such Laws. Thus, Ity t e illegal and aibitrary conduct of the Earl of J>a/AoM«?c on that occasion, embari'assingand burdensome duties, destructive of the liberties of the Inhabitants of this Province, have been imposed upon them. They have been taken from their occupations to be forced to toilsome exercises having no qbject. They have been prosecuted before tribunals established by virtue of ( ''^(iJ ) Vein ions. Mw, soon dfthosft Ordinances — havo been romlumncd tlicro to disg^raceful and 8erious )>ciiultieg — have been cast into prison for breeches of these pretended Laws ; and this when public opinion and that of the most learned Jurists were ex- pressed against the pretensions of the Executive (Government on the subject, and when the pecnhar and dependent situation of those Jud^res who declared their legfality offered ^ood ji^rounds for a want of confidence in their decision. Thus also it is, that by extending the same despotic principles, the Earl of Dalhousie exercised the powers which he was invested as Commander in Chief to dismiss from their Commissions in the Militia, officers who had not chosen to eulo<;ize and support amoii^ the electors of the Province his errors. These abuses of po^erhaveno where been more conspicuous than in the County of Fo/A, where the most worthy citizens have been deprived of the situations they held to the satisfaction of the inhabitants, both in the Militia and in the Magistracy — which was done in consequence of false accusations of disloyalty, maliciously brou<,Mit a{;;ainstthem by Lieutenant Colonel Dumont, and some other adherents of the Administration, althoug;h thev had done no more than exercise the indisputable right of every British subject to com- Elain of abuses and present petitions to the Kitig and his Parliament, where- y through illegal and frivolous pretexts those officers have been punished and outraged, as the inhabitants themselves have been, ^ho have tnus been deprived of the services of those who possessed their confidence, in order to their being replaced by persons whom they cannot respect, and who, in case of the re-organizing of the Militia under a new Law, are not qualified as is necessary for that command. The Petitioners have not witnessed with less regret the pretensions of the late Governor in Chief respecting the application of the public monies which he has illegally issued from the Provincial Funds when no Law authorized his so doing. These breaches of the Constitution, repeated as they have been, caunot, in the humbleopinion of the Petitioners, be otherwise than danger- ous in themselves, fit to excite discontent in the subject, and te induce in the Government a systematic contempt of the Law, and an extremely pernicious state of confusion and anarchy. The Petitioners wish to call the attention of the House to the prosecutions instituted by the Attorney General against several persons for Libel and other pretended misdemeanors, alleged to have been committed at the late elections, the exorbitant security required of the accused, the severe manner of proceeding against them, and above all the attempt to bring them before a Special Jury, a course neither sanctioned by law nor by usage ; are so many circumstances which have alarmed the inhabitants of this Province, and • which could not remain unpuni»ihed without dauger to the libei*ties, the fortunes, and even the lives of the Citizens. Unwilling to cor.ceal any of the grievous abuses which have come to their knowledge, and by which they have suflFered themselves, the Petitioners think it proper here to mention, that at the late Election for the (bounty of ForA, i. E. N. L. Dvmont and John Simpson. Esquires, both of them Candidates, did, without any kind of necessity or plausibility, cause to be sworn all and every M ( 264 ) Pititiom. i Sv El ■\. ::< /tTfiiy the plortors who came forward to rote, a practice which cannot accord men, grey with years, solemnly to iwear that they have reached their Twenty -one years. Such a practice can only be regarded a» a pernicious abuse and tlie profanation of the sanctity of an oath- The foregoing allegations are submitted to the House with the greater conlidence, as the> arc in unison with the recommendations of the Committee of the august House of Commons of ^nf/Zami, which after a serious investigation of the grievances set forth in the Petitions of the Inha> bitanfN of the Country, have made a Report, in which they express their conviction that the) are well founded, and in which tht^y siiggest as a remedy several Legislative or other measures, of which the Petitioners solicit the adoption. Wherefore the Petitioners pray the House would He pleased to take their present Petition into sorious consideration, proceed with rigor against the ffuilty authors of the evils they complain of, and apply to the grievances and abuses which they have taken the liberty to set i^rtb to the Housc^ suclf remedy as it shall deem meet. • The Petition of tliveri inhabitants of the City of Montreal, presented to the House of Assembly, on Friday the 28th November, 1826. To the Honourable the Knights, Citizens, and Bui^esses of the Province of Lower Canada, in Parliament assembled ; May it please your Honors ; The undersigned inhabitants of the Town and City of Montreal, Most humbly sheweth ; That under the Administration of His Excellency the Earl of Dalhousii\ late the Governor in Chief of this Province, various abuses prevailed which the Petitioners conceive it to be both their paramount duty and prominent interest to point out, in order that a prompt and effectual remedy may be pro- vided against them. That amongst other objects of complaint which in their opinion, deserve the serious attention of the Legislature, must be mentioned the sudden and premature prorogation of the Provincial Parliament on the seventh of March One thousand eight hundred and tM'enty-seven, at a time when the business of the Session was far ffrpm being terminated ; and that the Speech which Petitions. M'as ad'lrcssed by the Ooveriier in Chief f,o the Representatives of the people on t))tit occHsion, wan unconstitutional und renloto with reproachful language, equally insulting to them and to their ( lonxtitucnts. That shortly afterwards, Ilis Excellency thought fit to dissolve that Par- liament, to the great injury of the internal intcroHts of the Country and the iudusUy of the Inhabitants in general, reHorting, both before and after the issuing of Writs for summoning a new l^arliauumt, to various Improper means fur intimidating thu voters and influencing the elections, such as by depriving those individuals who would not lend themselves to the manoeuvres of those who were desirous of controlling and <;ouuterncting public opinion, of their Commissions in the Milifiu and in the Magistracy, thereby to pro- cure the rlections to be in conformity M'ith the sinister views of the then Administration, and further also by overthrowing and confounding all the battalions of the Militia and embodying new ones. That in order to increase the number of partizaus of the Administration, a new (.Commission of the Peace wa« issuoa, from which were excluded the greater part of those who had shewn their independence of principle both by M'ords and actions, and of those who declined to be actively engaged in the promotion of the mea- sures of arbitrary power. In the cities the British and Canadian Militia were mingled together, with the view of giving at a futiu-e period no commission as officers except to persons of foreign extraction. Four of the most en- lightened, most respectable, and most active Justices of the Peace, wore struck out of the Commission for no other cause, that can be imagined, than because they had made use of their authority in a case in which they were the more justified in believing it to have been legally and properly exercised, inasmuch us the question has never > et been brought forward for decision before the tribunals competent to decide it. That in the present list of Justices of the Peace there are persons who do not possess the qualifications of that property, that intelligence and that re- spectability of character which are indispensable for the due performance of the important functions which devolve u|)on them ; some are only Clerks, others and even several belong to the Military Departments, and have no permanent interest either in the City or in the Province. There are some among them whose occupations in society place them in a state of inferiority and obsequiousness to their Colleagues, of whom they ought certainly to be always the equals, whilst others are possessed of a species of property and swayed by interests notoriously incompatible with those of the city and its inhabitants. Under the operation ot such a system, the Petitioners have beheld with vexation their municipal affairs badly conducted, the money raised upon them ill levied and worse applied ; the distribution of public labors made without judgment or justice ; the most necessary improvements neglected, such as the diverting of the waters of the Little River ; the putting into better repair Commissioners' Street and its Quays, wliether by means of the 2 L citv m m 1*47 if?' i: ( «66 ) P0titi9ns. city funds or br aids obtained from tbe Lepfitlature ; the leaTinpf of tbo harbour unprovided with Qiiavs and in tbo worttt postiiblo stato ; the refusal to accept of a murket-ulare uliuiued and cronstructod bv individualH iii \hn Saint Lawrence Suburb, which market is of a f^reat and ackno led^ed con- venience ; and in fine the ne;;lect of the MajifiHtrates to secure to the city t'le property and enjoyment of the forty acres of land reserved by the seijj^niors to rbrni a (.'onimon. The total want of all independence in tbe Maj^fintracy, the endeavours fre- quently made and not unsucceHsfully, as well by tbo present PreNident of the Quarter Se^NionH us by bis predecessor, to impress upon tbe public mind tlie idea that he is in fact the or^^an of the Administration, and that those opinions and measures which be ui holds and recommends cannot he opposed, but at tbo risk of iucurrin^if tbe displeuiiureof (i^overnment ; the existence of a con- tidontial, private and salaried spy oftho Police are not only matters that have naturally and forcibly drawn tne attention of the Petitioners to the unlooked for and unexplained diNmisKal from their scats as presidinjf MuiristrHtes oftho Quarter Sessions, of two ;;cntlemen, who are |;euerallv believed to have become the victims of their resistiiuco to an act of injustice, but constitute alarmiujif evils of which the Petitioners cuuaot too loudly or too bitterly com- plain. Under such an Act of Incorporation, whereby the Citizens would have the ritjhtofelectinjf their own municipal officers, as the Petitioners as well as the inhabitants of the (!itv of Quebec have before prayed for, it is to be hoped that the grievances which peculiarly atfcct the City of Montreal would very soon disappear. There are, however, also matters of oom]>laint of a more g-eneral and much more serious nature, and which will only properlv be redressed by following up and putting into full and complete operation the several recommendations contained in the Uq)ort of the Committee oftho Imperial Parliament upon the affairs of Canada dated the Twenty-8evhich has been excited in this country when the Crown officers entered proceedinjrs against, and caused to be arrested and prosecuted for Libel, certain Citizens and Editors of pub- lic papers, for bayin;j in their publications replied to and refuted tlie malicious and false accusations and allejrations repeatedly brought forward by writers in tbe pa; -^" ^' - a j^.:..: .L„,i.:. „ _....:.- .L ^. . T. .. airainst pay of the Administration, against the Representatives of the people, inst the Clergy, and against all who retained their attachment to the laws and ancient customs of the country and to the inviolability of its political con- stitution; wiiilst the real authors and original inciters of the evil, not only went unreproved and unpunished, but on the contrary received numerous favours and accumulated in their own persons various situations of honor and advantage, those vrho had tjiemselves provoked the publications which were tbe object of their persecution. Thia may be cited as an instance of the partiality with which the Crown Officer ( 267 ) Pttitions. of the rofuNal in thi) coii- ty tie ijfiiion Offinen hare done their part in the adminliitrationof Criminal Jniitice in this Province, but the Putitioneni liavc found tiieirnpprnhcnNJonH inultinly and their indi<|fnation curried to the liigliVHt pitch when tlioy perceived that in the pronc- cutions alluded to, recourse was had to proceodinfifR of an unusual nature, and Ruch as were often contrary to \&w ; that exorbitant bail was required from the parties arrested ; that Special Juries not qualified as such to decide the issue were summoned to try them, a contrivance equally novel, iniauitouti and deceptive; and that the parties accused were dra^^e«l from one district toaiiotlier, at the peril of their lives, instead of prosecutin^if them in tlie place of their residence, all with the view of liarrasNin^f them, and deterring them in in their endeavour to preserve the liberties and privileges of tbeir fellow- citizens. The impunity which all those who supported the measures of the Administration of His Excellency the Earl of Dalhousiet flattered them- selves they should enjoy, for all their violations of tie law, was, no doubt the motive which induced the Returning^ Officer of the West Ward of this City namely, Henry Griffin^ Esquire, to act in that capacity, at tiie last election, without havinfr (hily qualitied himself as such, accor((inff to law; which is a subject of remontrance which the Petitioners couhf not omit noticing, since such conduct in a public Officer cannot but be one of most dan- gerous tendency, not only as it regards the rights of the people, but as an ex- anrinle highly improper and immoral. Wherefore the Petitioners humbly pray the House will be pleased to take the grievances they complain of into titeirserious consideration, and niford such relief in all those matters they have thus submitted as to the House may seem fit and reasonable ; and more especially take such efficient measures as may cause the recommendations contained in the Report of the «Joramittce of the Imperial Parliament on the affairs of Canada^ to be followed up and put into early and full execution. ,, , lU.. Petition of divers Citizens and Proprietors of the District of Three-Uivers, against the Administration of l^ordDal- housie, and praying for a remedy of their Grievances, -t.'^-: To the Honorable the Commons of Lower-Canada i« Parliament assembled. The undersigned Citizens and Proprietors of 1. Re$olvedy That in the year one thousand ei^ht hundred and twenty-two* the Earl of Dalhousie, being then Governor in Chief, failed to communicate to the two Houses of the Legislature of Lower-Canada, the Addresses from those of Upper-Canada relating to the difficulties which had arisen between the two Provinces with respect to the duties levied at the Port of Quebec, and to the proceedings adopted in Upper-Canada relative thereto, which made a pretext for the scheme of a Union of the Legislature of the two Provinces, and finally caused the passing of the Act for regulating the com- merce of the two Canadas. 2. Resohedy That by the conduct of the Earl of Dalhousie, on this occa- sion. His Majesty's Government was left without information as to the re- lative situation of the two Provinces of Lower and Upper-Canada ; that the inhabitants of Lower-Canada were thereby deprived of all means of support- ing or defending their interests, and that at the moment when they had a right to rely on the Governor's care, and upon his vigilance in watching over the interests of the people committed to his charge, and who must have relied upon his honour. 3. Resohedy That it appears, likewise, that the Earl of Dalhousie, being 80 Governor, permitted tnis Province to remain ignorant of all that was passing, and oi schemes with which he could not himself b(! unacquainted, concerning the introduction anl passing of the Act of the Lnperial Parlia- ment of the Sixth Year of His Majesty's Reign, chapter fifty-nine, i slating to tenures, the provisions of which have so seriously and so deeply affected the feelings and interests of the inhabitants of this Province. 4. Resolvedy That the Earl of Dalhousie, being so Governor, estab- lished in one thousand eight hundred and twenty-three, a new Quebec Ga- aette, although another of the same name, which had been established nearly sixty years, was in existence ; and took upon himself to com- «# I T IT k,r|] It ii I tr 1 ii: ( 278 ; JRetolutioM. command the officers of Govornment, and in particular, the SheriflTs, to insert into this New (Tazcttt>, 8uch notices as by the existinf^ Laws were required to be inserted in tlie Quebeer under bat by cs- s matter, id emolu- Imperial , diopter been sug^- )ons con- >nlhousie, he coiisi- ftdopting md eight icial Par- o the As- Majesty's ,nd t^^en- bhis Pro- d ia this unication hirteenth blame in d in the ;h of Ja- ion of the jrcb nted cause to ved since ration of r answer any Des« by Mes- erwards, he Pro- ty-seven, iter date red and on") hav- inication e all, did not not oommumcate to the Assembly the latter part of the said Despatch, in which 8ii' Francis Burton was more particularly acquitted of all blame, and the Ministers expression of regret couiiiiud to the 8iii;j^le point of his haviu/f carried into effect an arranjjeiueut of so delicate and important a nature, witliout previouf* direct conunuuicatidii to His Majesty's liovernmtM... 9. Resolved, That the Astserahly li;iv'ii»;j;, in couseqiionco ofu Ilesolution oftlie third of February one thousand ei^'it hundr-Ml and twentv-seveu,airaia addressed the (loveraor the Earl of l>ulIioiisio, prayinj^f him to order to be laid before the Houhc, a Copy of the Despatch addressed to Sir Fnuicis Bur- ton, referring to that of the fourth of Jdue one thousand ei^ii-ht hundred and tu'enty-five, mentioned in his mossajj^e of the tliirty-iirstof Januaiy preiedini,'', the said Governor declined to do so, havin<^ (to use the terms of his ans\yer) communkated the substance of it, adding, that he " must decline to lay before the public, the correspondence of His Majcsti/' s Ministers with the Executive Government of the ProvinceJ'^ 10. llesolvcd. That the Governor the Earl of Dalhousie, concealed from the kno\vledj>e of the Assembly and of the people, a document, by which Sir Francis Burton was jnstiliedat a time when this document must have been in his possession, and of the existence of which he could not be i(>-uorant, that he afterwards conunuuicated a part only thereof, and refused to commu- nicate that part which was of the most Iiuportunce to the justitic.ition of Sir Francis; and that insuppressiu'i;, or declininif to communicate this ; as well as several other important doc^utiients, theknowledjfoof which was neceswiry to place the Assembly in a condition to proceed to the despatch of public bnsim ,<*, he failed etpially in tlio dufy lie owed to Ilis Majesty, to Sir Francis Burton, and to the country with the administration of which ho was entrusted. 1 1. Resolved, That the Governor the Earl of Dalliouaio, availing himself of certain old Ordiuauc*'^ '»f the Legislative Council, made use ofhisau- thorit) as (Jommauder ot • Militia, to influence elections, and to intimi- date tli< I'Jectors, or to pui. -.htheml./f havinj; exerdsed their rijj^hts at the said Elt" tious, by voliiiy ajjaiii^t persons who wero partizans of his adminis- tration ; or for the purpose of pre\ utii r them from taking part, or of pu- nishing them for haviii:^ taken part in thu Feti tious to the Kuig- and to the two Houses of the Imperial Parliament, i^jainst the administration of the said Governor the Earl ot Dalhousie. 12. Resohed, That the (.over-ior the Earl of Dalhousie dismissed (with- out having recourse to the proceedings of Courts Marti il) a great number of Militia Officers with this iuteutio-i, and lil'ed up the vacancies thus cre- ated with officers who were the partizans of his administration, or of those Candidates who had shewn themselves violent partizans of that adminis- tration. 13. Resolv' /, ' at the Governor the Earl of Dalhousie, went still fur- ther, by inte? . X m:^ actively in the Election for the Borough oiWilliaiw Henry 1 **/•*' v IMAGE EVALUATION TEST TARGET (MT-3) 1 y A* 1.0 1.1 us 1^ Ui III m 125 ■ 22 L25 i 1.4 U£ 12.0 Ii4 HiotogFaphic Sciences Corporation i3 WEST MAIN STRKT WIBSTER.N.Y. 145M \1\< , '•72-4503 .<^'.. mi H; t''< . i ( S80 ) Resolutions. Henry, in favour of one of the Candidates, the Attorney General, for whom he warmly interested himself, employing^ for this purpose his own Aides- de-Camp ; having recourse even to threats towards the Reverend Mr. Kelly, the Rector (Cure) of the place, with the same views, while the Candidate himself made use of similar means to endeavour to secure his own election. 14. Be^ioivedi That the Governor, the Earl of Dalhousie, by these unlaw- ful proceedinj^s, violated the clearest rigfhts of the inhabitants ^f this couu- ttT ; and in particular, the right of petitioning, and the Elective Franchise of the peopl* of this Province. 15. Resolvedy That the Governor, the Earl of Dalhousie, dismissed from office a great number of Justices of the Peace, although justly in posses- sion'of the confidence of the public, because they did not submit them- selves to his pleasure in matters which came under their consideration, and were within their jurisdiction as Magistrates; or because their opinion on public a£fairs did not coincide with his own, or on account of their disap- probation of the conduct of the said Governor with regard to this subject. 16. Resolved f That Samuel Gale, Esquire, Chairman of the Quarter Ses- sions at Montreal, appointed in the room of Messieurs McCord and Monde- let, who were dismissed from, and deprived of the salary attached to their office, exercised a decided ascendancy over his fellow Justices of the Peat^e at Montreal, making use of the name and authority of the Governor (the Earl of Dalhousie^ for the purpose of intimidating those Magistrates and bending their opinions to his will, and consequently to that of the Exe- cutive, by employing threats of punishment and exciting fears which the subsequecf dismissals proved to have been but too n ell founded. 17. Resolved, That the exercise of an influence and of an ascendancy of this nature over Magistrates must be equally destructive of the interest of His Majesty's Government, and those of His faithful subj«.cts in this Pro- vince, by destroying the confidence of the Public, in the Magistrates and in the Administration of justice. 18. Resolved, That the number of Justices of the Peace bom in the Coun- try, included in the late Commissions issned in March last under the Ad- mmistration of the Earl of Dathousie is not, in the District of Montreal at all proportionate to the Canadian population, and that the choice which was made of a great number of persons coming from other places to establish them- selves here, to the exclusion of persons born in the Country, must have given birth, and in fact has given birth to feelings of a most painful nature to the Inhabitants of the Country. 19. Resolved, That the manner of selecting Jurors in the Districts of Quebec, Montreal, and Three-Rivers, is not in accordance with the princi- ples of impartiality essential to a wise Administration of justice ; and is, in Criminal matters, m opposition to those principles and to those express rules which direct that Jurors shall be chosen from the body of those Citizens within the extent of the Sheriffs' Jurisdiction, who are called by the Law to the exercise of those functions. 20. ( '^'Sl ) liesoliiliimsu »r whom n Aides- end Mr. vhile the his own je unlaw- his couu- i^'ranchise ised from 1 posses- lit them- tion, and pinion on leir disap- mbject. irter Ses- d Monde- l to their the Peace rnor (the trates and the Exe- I'hich the idancy of iterest of this Pro- tes and in the Coun- the Ad- real at all was made lish thera- must have "ul nature strictfl of he princi- and is, in )re8S rules e Citizens the Law 21). 30. Resotvcfly That in the i^roiit Distiiots of this Province, th« Grand Jurors are summoui^d in thft;4T(Mtost number, and fre([uently alto.^ether, from the Cities ; t'lat the Pett^y Jure rs are suraiuoned exclusively or almost ex- clusively from the Cities; thit j.iore tnan one half of the Jurors are constant- ly Citizens born out of the Country, while the number of these is to that of His Majesty's Canadian subjects only in the proportion of one to eig-ht. 21. Rtisolued, That the Governor the Earl ot Dalhousie, made use of the the Royal Prerogrative, for the purpose of causinn; justice to be administered by special Courts of Oyer and Terminer unnecessarily, or wherein many In- dictments for misdemeanors were preferred in the place of Indictments for crimes and for deli vering^ the Gaols. That the prosecutions of a political nature instituted in these Courts and some others instituted in the Courts of King's Bench, were directed exclusively against persons who had been opposed to the Administration of the said Governor, (the Earl of Dalhousie) or who had voted at the late Elections in opposition to the views, either of the Can- didates or of the party which he favored, althoujj^h, if -prosecutions of this na- ture could be considered necessary, a feeling of justice would have imperious- ly required that the same proceedings should be adopted against those of the opposite party, who had notoriously afforded matter for much more serious complaint. 22. Resoivedy That many of these indictments for misdemeanors origina- ting in political motives were found by Grand luries at those special Courts of Oyer and Terminer, after they had been preferred to the Grand Jury at the Court of King's Bench during the ordinary term of the said Court, and by them thrown out. 23. Resolvedy That recourse was frequently had to the same practice of preferring Indictments for mere misdemeanors, which had been already thrown out by Grand Juries, aud that this was particularly the case with re- spect to Paul Brazeau, and others, against whom an Indictment was prefer- red for facts laid to their charge upon which two Indictments had already been laid before two Grand Juries and by them thrown out. 24. Resolvedy That these political prosecutions were conducted with much irregularity, and that among other things an attempt was made to try the persons indicted by a Jury summoned altogethei from the City of Montreal, and taken from hsts composed exclusively of the names of inhabitants of that City, by virtue of an Ordinance peculiar to this Province, and relating to Courts and causes of a nature purely civil. 25. Resolvedy That during the Term of the Court of King's Bench, held at Montreal, in September One thousand eight hundred and twenty-seven, for the congnizance of criminal matters, the Attorney General had recourse to the proceeding by information against the persons indicted for these misde- meanors, after Indictments for the misdemeanors imputed to these, had been preferred to the Grand Jury of the said Court and by them thrown out. 26. Resolved, That the person who was appointed and acted as Returning Officer at the late Election for the West Wai'd of this City of Montreal, took 2 N ' step iS*' ( 282 ) Resolutions — Address. %\<*\i% during the course of the said Election, for calling in an armed and mili- tary force, without any pretext to warrant such steps, and by so doing made an attempt, the nature of which was to violate the rights of the Citizeni, and to destroy their constitutional privileges in the City of Montreal. 27. Resolved, Thai this manner of conducting prosecutions in Courts of Criminal Jurisdiction, and other irregularities were calculated to give birth to, and to nourish wellfoundedapprehension,to call forwarm remonstrances, and to create alarm in the minds of His Majesty's faithful subjects in this Province, upon every subject connected with t.e security of their property, of their liberty, of their lives and honor, and of all their rights as Citizens, and are of a nature to destroy all confidence in the ministry of the Law otficors of the Crown (Ministere Public.) 28. ResoIvedyThsit among the Justices of the Peace in the City of Montreal, there are many who are possessed of no real property ; who pa^ no assess- ment in the City,the income of which (raisea from the said assessment) they administer, and who hold situations and have interests incompatible with their dutiefe, or with the dignity of their office. 29. Resolvedy That the composition of this Magistracy, and the abuses which it must necessarily liave produced, have had tTie effect of mining, and are of a nature to cause the loss of all public confidence in the Justices of the Peaje, in the City of Montreal ; and these considerations apply with equal force to the manner in which the Magistracy of the whole District is composed by virtue of the late commission of the Peace, issued in March last, One thousand eight hundred and twenty-eight. '-.•l^'^i-'. : ..;-■ Address. - To His Excellency Sin James Kempt, Knight Grrand Cross ©f the Most Ho- norable Military Order of the Bath, Lieutonant-General and Comman- der in Chief of all His Majesty's Forces in the Provinces of Lower- Canada and Upper-Canada, Nova-Scotia and New-Brunswick and their several Dependencies, and in the Islands of Newfoundland ; and Ad- ministrator of the Government of the Province of Lower-Canada, &c. &c. &c. May it please Your Excellency ; We, His Majesty's most dutiful and loyal subjects, the Com- mons of Lower-Canada, ever actuated by the desire of seconding His Majes- ty's gracious intentions for i\xe happiness aud prosperity ot His faithful Canadian subjects, have, duiing the course of the present Session of the Pro- Most Ho- Comman- ►f Lower- and their and Ad- r-Canada, the Com- lis Majes- is faithful on of the Pro- ( 283 ) A ddres*. — Answer. and mili- ng made zeni, and vourts of ;ive birth astrances, 8 in this property, Citizens, the Law- Montreal, no assess- lent) they with their lie abuses ining-, and ustices of pply with District 18 larch last. Provincial Parliament, taken into consideration the subjects of complaint and the gi'ievauces set forth in different Petitions addressed to the Assembly from various parts of this Province ; and have adopted on this subject cer- tain Resolutions as the expression of our sentiments, and those of the people we represent, on the important matters to which these Petitions relate. We pray Your Excellency to be pleased to take the whole into your se- rious consideration, indul^ng the confident hope, that the means offered to His Majesty by the Royal Prero^^ative, and those placed in the hands of Your Excellency, for the protection of His Majesty's most faithful sub- jects in this Province, by the power and authority with which you are in- vested, will be employed in remed3dng the abuses and removuigp the sub- jects of complaint on wnioh the said Resolutions are founded. , ■ ' Answer to the Address. Mr. Speaker, and Gentlemen of the House of Assembly ; ' It being my earnest desire to exercise the power and authority which Our Gracious Sovereign has placed in my hands for the protection of His Majesty's faithful subjects in this Province, and the promotion of their welfare, you may rely on my using my best endeavours to afford relief in every case of real grievance that is brought to my knowledge, and to reriedy such evils as may exist in any department of the Goyemment com- mtted to my chaise. «,J,, -^k,' ^.;'y;'*^^■>;*■: ^■^V'>i^r *;fr'S^: r,J.f '^-' i'>\ <» >• / ( .i 'r,>:*;v(-iV' tfe'. ? i : ^ ,.-.j- ■ \i 'i ■ ; " "■• f; 7' ■ - :^ " V , : INDEX i . ! .V. '-f'-'' 'i^' 1' •>/ "")■ .,j', 7-i* .;* Orders of Reference First Report R( Pagf© 3 Second Report 7 Third Report ^ ^ Fourth Report 31 Evidence 34 Witnesses : Saturday, 6th December, 1828. A. W, Cochran, Esquire, 34 Monday, 22d December 1828. John Delishj Esquire. 36 J Tuesday, 23d December 1828. JohnDelisle, Esquire, :^^ 39 Wednesday, 24th December 1828. John DelislCy Esquire, 40 Friday, 26th December, 1828. John Delishy Esquire, 43 David RosSy Esquire, ibid. Saturday, 27th December 1828. David RosSy Esquire, 47 P. De BoucherviuCt Esquire 49 Monday, 29th December 1828. David RosSy Esquire, 54 Tuesday, 30th December 1828. John Delidey Esquire, 57 David RosSy Esquire, 58 P. Dt Bouchervilhy 'Ew^vr^y 61 Wednesday, 31st December 1828. Ckarlet MondeUty Ecquire, 64 Friday, 2d January 1829, , Esquire, "^'^"^ Hny Esquire, W^. David RosSy Esquire, •"''•""^' T0 Henr^ Grijiny Esquire, ^. Saturday, 3d January 1829. Henri/ Griffiny Esquiro, SA*. Mouday, 5th January I829» Hugues Henet/y Esqr. M. P. P. 86 Jacques Vigery Esqr. 87?' Wednesday, 7th January 1829. J P. LeprokoHy Esquire, 90 P. De Boiichervilley Esquire, 96 ^ Jacques Vigery Esquire, 97 Friday, 9th January 1829. W, S. Sewelly Esquire, 1 , _ A.Bertheloty Esquire, 103 Thomas Lecy Esquire, 104 Jacques F/^er, Esquire, iOft Saturday, 10th January' 1829. William Manli/y Esquire, 1 10 Wednesday, 14th January 1829. A. W. CochraUy Esquire, 1 1 2 Dom X>a/^.E8qttire, 117 J. C. Fishery ISiSfimrCy 119 Friday, 16th January 1829. iV U Louis Giiyy Esquire, J. C. Fisliery Esquire, Dom. Daly y Esquire, 120 124 ibid. Saturday, 17th January 1829. Louis Gtn/y Eiquire, 125 * Monday, '{ft #- fr Moaday, I9th January 1829. Louia Guy^ Esquire^ ,, 128 Tuesday, 20th January 1820. JDom.Dali/f Esquire, , 129 Saturday, 24th January 1829. A. Bertbelotf Esquire, 131 Jacques Viger, Esquire., 132 Monday, 26th January 1829. J. J. Girouardy Esquire, 182 TT'^m. Scott^ Esquire, 143 Tuesday, 27th January 1829. f.e> . Mr. Kettif^ 156 Thursday, 20th January 1829. Andre Levalleey Jean Crebassa, Revd. Mr. Kellt/, 158 160 Saturday, 31st January 1829. Samuel Neihon^ Esquire^^ Hf Wednesday, 4th February 1829. P. Triganne, 'N. CrebasaOf M. GlachemeyeTy 175 176 177 Saturday, 7th February 1829. W. S, Sewell, Esquire, 179 Documents included in the Evidence. Motions proposed by Mr. Gale, at the Meeting of the Magis- trates on the subject of the supersedeas, 50 Ditto submitted by Mr. De Bou- chervilky at the same Meeting-, 52 Despatch of 30th September 130 Reoresentation by Mr. Gale, in tne name of the Magistrates of Montreal, against the signers of the supersedeas, 148 Representation of the signers of tne supersedeas, 154 Correspondence between Lord Dalhousie, and the Revd. Mr. Kelly, of Sorel, 160 Appendix. Appendix A. Do. B. Do. Do. Do. Do. 182 191 C. 200 D. 214 E. 223 F. List of the Magis- trates of Montreal, 225 Do. G. Proceedings of the Majpstrates of Montreal on ^ the subject of the nomina- tion of a High-Constable, 226 Appendix H. Form of the Com- mission of the Returning Officer of the West-Ward of Montreal, 248 Do. L Copy of the Oath of ditto. 249 Do. K. 250 Do. L. 252 Do. M. 253 Do.N. 257 Petition s ' fv: (3; Index, \Tf 1829. 158 159 160 r 1829. 16^ ry 1829, 175 176 177 f 1829. 179 Petition of the Inhabitants of the County of York» 26 1 Do. Do. of Montreal, 264 Do. Do. of the District of Three-Rivers, ,' 267 Do. Do. of Do. 272 Do. of Paul Brazeau, and others, tli Resolutions adopted by the House of Assembly founded on the Report, 277 Address presented to His Ex- cellency the Administrator of the Government wiUi the said Resolutions, 888 His Excellency's Answer, 883 e, m rates the », 148 sof 154 Lord Mr. 160 om- ling* 'ard 248 of 249 250 252 253 257 Petition