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Tous les autres exemplaires originaux sont film6s en commandant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour §tre reproduit en un seul clich6, il est film6 d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 COM NoWf AN APPEA TO THE COMMON SENSE, MIND, AND MANHOOD OF THE BRITISH NATION. BY ROBERT GOURLAY, ESQ. Now, and/ifT thu last Two Years, imprisoned wiHuaUjair Examination or Trial. " Long years !— It tries the thrilling frame to bear " Long years of outrage, calumny, and wrong, ** Iniyiil'etl nuu'.nesa— prisoned solitude." PRINTED FOR THE AUTHOR, AND SOLD BY SHERWOOD, GILBERT, AND PIPER, PATERNOSTER-ROW. 1826. %. GOV MAnCRAMT, PUJNTEK, UTOBAM-COURT, FKHCHURCH-STHEBT. DEDICATION. My DEAii Children! To whom can 1 so properly dedicate these sheets, and de- Clare my principles, as to you :-you, from whom I have beetj cruelly separated for nine years ;-you, for whom, chiefly,! remain in durance ;-you, for whom I shall perish, rather than give in ;— you, who are identified with myself m all that is . honourable and true. , . , t u u « I Up to this hour, I know of no course, which I could have ' taken, exposed as a madman, without trial, first in the prison- 1 room of the House of Commons, and then here, better than 1 what I have pursued -contradicting doctors' opinions and ^ newspaper misrepresentations, by publishing, from time to i time, letters on various subjects, lightly written, or, when ar- I cumentative, incontrovertible. My letters, among the Wlow- I h^v: extracts, will best answer calumnies by the side of ihem^ 1 most directly contradict imputations of insanity. But for those, it might have been said to our children's children "there is madness in your family, -hexe is recoi^ of it in parl.a- \ mcntary journals-here are the prints of the day >" corrobo- ' ration-here are testimonials of learned doctors. With these i sheets in iheir hand, our children's children wul be shielded 1 from the most Irightful scandal. I Some who, for a time, regarded me with pity, beheving ^ that 1 could not find bail, have lately withdrawn that regard ; ■ while others who indulged malicious pleasure by reporting i me mad, now gratify a similar propensity in calling me foolish. f These people have not even an idea of the truth. Knowing I nothing of the sublime, they think only of the ridiculous, aiid ': ascribe to passion, eccentricity, and weakness, what was and is i the result of gravest resolve. They are more thoughtless and not less provoking than the miserable comforters of Job. 1 DEDICATION. never wished to be considerea no object of pity; and were I one, would intiUlibly sink into dejection and despmr. My policy is, at all events, to keep up my spirits ; and, by so doing, I have had infinite relief. After many years of anxiety and distress, these two last, in prison, have afforded unspeakable enjoyment: they have enabled me quietly to reflect on ex- traordinary experiences, through a period of twenty-five years of bustle in Scotland, England, and Canada. They have en- abled me to mature plans of mightiest moment-plans tor the reform of poor laws, connected with a grand system ot emi- gration. I am now, indeed, hopeful that all my suffermgs,- loss of fortune, friends, reputation, are, under Providence, to go in payment for good to my fellow-men. But— my children !— let us not be too sangume. The world is still against me,-lhe same world which poisoned Socrates, crucified Christ, and imprisoned Galileo. The world may prevail ; yes, till death, but not beyond. Deprived of all pro- perty, and bred to no profession; ruined in credit, and sick- ened with borrowing; without a home, and deserted by friends ; entangled with law where there is nothing to gain ; and having yet to contend even for paternal right, where can I be better than heie?-Here, however, I will not bow to the world ; and here I call them villains who confine inc. I have never considered myself as acting solely for myself. Our religion clearly points to abstract virtue; bids us leave all and follow it. Think not, then, that 1 am regardless,— that I am without feeling and natural affection :-think better ot yourselves and me. " Consider God tis boundless nature's soul, " Yourselves ii part of the stupendous whole ; " Tliiuk that existence has an endless reign, " Yourselves a link in the eternal chain." Yes!— my beloved children : treasure up these admirable sen- timents of Persius : have faith in them : act upon them; and believe me ever Your affectionate father, ROBERT COL H LAV. House of Correction, Cold-Balh-Ficldi. London, May 29th, 1S26. and were I espair. My by so doing, anxiety and unspeakable ?flcct on ex- ity-fivc years ley have en- plans for the lein of emi- sufferings, — ovidence, to , The world led Socrates, ! world may 'd of all pro- it, and sick- d by friends ; ; and having n I be better e world ; and y for myself. s us leave all dless, — that I nk better of dmirablc sen- n them ; and OUHLAY. TO THE PUBLIC. The foregoing letter points out the ground I have taken, and that ground I will maintain. It must not, however, be imagined that 1 am unreasonable. Were the world fully in- formed, most cheerfully would I submit to its dicta : go hence, or remain at command ;-most gratefully would 1 accept its Aivours. As it is, I must judge for myself; knowing, that without adherence to fixed plans and principles, there !s no chance for me ;-knowing, that there is no mean in my destiny ; that I must either be considered mad and a fool, or quite the reverse ; that I must either sink into perdition, or rise supe- rior to every ill, and prove highly useful to myself, my family, and my country. The world should know that 1 came to Lon- don, six years ai^o, for redress of grievances-for recovery of my riuhts and property : it should know that 1 have left no stone unturned in this pursuit, commendable even on pubhc grounds. Will the world aid me in this, or must I suc- cumb first to tyranny abroad, and then tamely put up with treachery at home? Must I sit down contented, not only with the taint of unjust banishment; but also with that of in- sanity ? Must I, a native Briton and father of a family, do this ? These are questions which the world should weigh well before it dictates, and puts me aside as a mere object of compassion :-thcsc are questions which I would yet press on 1 ro IMK I'unnc. i f: fioiisicleralion :— ihcsc arc objects wliich most Hssiiiedly may be gained willi public couiitcnunce. Tiiis work was begun uiorc than a year ago, but reasons ex- isted, from time to time, lor not publisliing. Extract 15 will show that, at an early period, my wish was to publish by numbers, and that wish is still alive. From the beginning I was assured that newspapers afforded any thing but fair play, and that volumes would be required for complete development. These I could not readily produce, and, though produced, there was little chance of their being read as a whole. The patient endurance of two years' imprisonujcnt has, [ trust, so far increased interest among the thinking portion of mankind as to ensure a fair start, and, thus begun, it will be my own fault if I fail. At present, I exhibit little more than what has apijeared in newspapers, and proceed with comment only so far as to prove that the horse-whipping was not altogether unmerited.' Should the printer, who has liberally done bis part, be repaid for this much, more will be forthcoming. The speeches of i\lr. Hume, Mr. Peel, and others: the conduct of the Speaker, and House of Commons—of Halls, the ma- gistrate, and his masters— of the doctors, newspaper reports and opinions, &e. all require review before an adequate notion can be formed of a conspiracy, like to which nothing was ever before got up and persisted in for the ruin of an individual. No one can suppose for n moment that the mere peccadillo in the lobby was the sole cause of double arrests and double punishments ; or that I would remain obstinate were simple questions alone at issue. No : the wrath— the revenge— the reraorselessness has been long treasuied up, and its virus cannot be exhausted but by enduran e. Here is the catalogue of my crimes. In 1808, I espoused I ^^ TO THK Pl'HIMC. siuedly may t reasons ex- itract 15 will > publish by ) beginning I ing but fail or complete otluce, and, r being read ntncnt has, [ ig portion of ,il will be my )rc than what auiment only ol altogether illy done his loming. The le conduct of alls, the nia- papcr reports an adequate -hich nothing le ruin of an ere peccadillo ts and double ; were simple revenge — the and its virus i8, I espoused the cause of the farmers against the ImikIs of FiiV. In 1.S()})| published a specific plan for parliamentary reform. In ISl.'i, demonstrated that church property was the property of the people; and, in the same year, posted the liath Society as rogues for deserting the commutation of tithes and origina- ting the Corn-bill. In 1818, I held the Upper Canada Convention for inquiry into the state of that Province; and all along have taken part with the poor .igainst the rich. For these causes there is no forgiveness,— no liberty, till 1 confirm by my own act a sentence of insanity. The Appendix may be purchased along with this, or after numbers, at pleasure. It must not be hastily criticised, as it cannot possibly be understood till fully referred to. Scarcely a letter has been exhibited, even in the notes, which may not be vet spoken of; nor is there a petition that was not drawn up with a view to an important end. Should the work proceed, the Appendix will be added to, series after series, as required, the materials being Recent CojiCspondence with, a*nd about, Canada: Papers written in Pauperism, and while tortured with Chancery Delays: Letters to Lord Eldon, Members of Par- liament, 8cc. Were all these and other documents before the public wiih a connecting narrative, not only would my perse- cutors be put to the blush, but a train of evidence be made out proving, at once, such adherence to great public pursuits, such determined resistance to oppression, and such uniform re- gularity in private affairs, as, perhaps, no other man can boast of. I am anxious to publish these documents and this narrative; not only that I may surmount trials, but put to valuable use the experience of my life; and though I will not stoop as an object of charity, most humbly do 1 solicit aid to enable me to accomplish this work. R.G. June 9th, WIG. ' ( \- lUlUOUS AND OMISSIONS. «xiv. te 12, /" '!'» rr..ll.,v— m,J .1- Iral.l'J. Pnge 11,1 — le', — 19, — 20. — 'i.?. — 24, — 2.1, — 26, — 31, — r..?, •— j(j, — 5r, — ci, — 72, — 73, — 77, — 8.), — 16.3, — W9, — 190', — 19i?, ev(;ry fuci classes. APPKNDIX. ine 25,/or provi.sioiis— rc.irf i.rovisioii. — 5 (from ll.c botlonO. ./'".•• tl"^"'^^-'-^'"' ^"'t'"' — 2, for opiniiin— if(i(< opiiiioiis. — 2. m(d mattt-rs t'sseiniul t'lr. — H) /i.r imiiicdir.iflv— ««rf parliculnrly. . 3, /lir ojiiiiioii— 't'"' ail vice. ~ 3,i, rrnsc wliicli lias lict'ii. — '^2 (Iroiii llif bottom), rtyd U|.pcT Canada. <), /lir giiini'd — I'w' rcp.iiiicd. _ UJ (from l\w bullonil, (nist my. ,„„„,i,,.r _ 20, V'"' cr«llt<'rs-rcm< creditors to consult togcllu r. _ 17,'/;i)' till- case- n"(i bis cusc. 2;>,/'i)>- fell— m/(/ fate. — lij'or the— rc«(I ibcir. 22, erase tlii'. _ 14,/br obliged— m/.nnduccd. _ 22,:/;.r bis lolt..-r-m..l bis '^'^t ;'"^^; government were disposed to give APPEAL. know that counscF id 10 know If there b^v which you were , line y'2 : ■. Goiitlay; but we 1 letter. Before saying a word for myself, I shall submit, to perusal, newspaper reports and opinions, in the order of their dates, as a history of my case and expose ; then complete that histr v with comments. Beyond the beautiful lines of Byron, exhibited in my title page, every syllable of which is strictly applicable to me, 1 shall advance nothing to engage feeling, my wish being to subject every question to the test of reason alone ; and I say so at once, that the reader may join issue with me in this respect. M vith. 1 lanil'*. Ill abroad. i(i whole means. i-rc di:use a letter that 11 Doctors Monro Mr. Gourlay, at the Serjeunt-at- ted Mr. Robert ise of Commons, tcr repeated con- tails of the events r opinion that he was of unsound e House of Com- d collect, fi)r he er just read, the /ilege, to proceed no further (hear, hear). There still arose a great difficulty as to the future proceedings. He was disposed to think that the better course was to detain the individual where he was, until an opportunity was afforded of having some communication with his friends. Here the matter dropped. Extracted from the Morning Chronicle, June 15, 1824. No. 6. Mr. Robert Gourlay remains in custody at the House of Commons. He is with two messens^ers in the prison-rooms. A friend appeared, in consequence of what was said in the House of Commons, by Mr. Can- ning, and proposed to take some care'of, and make some arrangements for," Mr. G.; but Mr. G. would not accept of them. He insisted on remaining in custody, and on being called to the bar. He has prepared a petition, which has been forwarded to an Honourable Member, and the case is expected to be mentioned in the House of Commons this day. The prisoner is well provided by Mr. Belldmy, the Commons' coffee-house keeper. Extracted from the Courier, June 17, 1824. No. 7. TO THE EDITOR OF THE BaiTlSH PRKSS. Prison-Room, House of Commons, June 18, 1824. Siu, I have read in your paper Mr. Owen's letter, complaining that Lord Lauderdale had declared Mr. Owen's plan to be worthy only of contempt ; and saying that, his efforts with parliament having tailed, he himself was about to commence practically. It will be remembered that Mr. Owen stated, prior to his first meet- ing of last year, that nothing more was required to relieve Ireland from distress than " to unite and employ the people ;" and that I appeared at his meeting, offered to unite with him, and labou^ till Christmas for three shillings per week. Mr. Owen held my offer in contempt, and would not engage. How, then, should he expect any thing but con- tempi from others ? The fact is, that I intended practically to illustrate the vanity of his expectations by his own conduct. At his second meeting, seeing that the farce of relieving distress in Ireland was carried on by well-dressed piople, grately listening to an orator who, seated in a chi.ir, belched forth nonsense, with a table before him exhibiting the king, the nobles, and the wealthy classes comfortably arranged, while labourers and paupers were flung aside as so much rubbish, I protested, in the name of the labourers and paupers of England, against the abo- minable trifling of the meeting. The public, I think, may now reflect upon all this to advantage; and, perhaps, it may go so far in proving me more sound of mind than parliamentary doctors imagine. But, sir, Mr. Owon'? practical endeavours are more worthy of notice than his hopeless visions. Last April, having gone to visit my family in Scotland, I took Motherwell by the way. There I saw ground staked out for one of Mr. Owen's villages: was informed that four men had VI begun to dig clay for bricks; and tuu the country people had named the place *' The New Jerusalem." As an experiment, it is well worthy of encouragement, and, I hope, will go on with abundant means. It is what Mr. Owen should have set about six years ago, when the first subscription was raised. Unfortunately, he then attacked J'uit/if with- out which nothing can be done in thi§ world : now that he is about to show faith by works, she will, I trust, return to his assistance, and he has my most hearty good wishes. ROBERT GOURLAY. I'uliUnhcd in the British Press. No. 8. The House of Commons seems to be at a loss what to do with Mr. Gourlai/, now that they have taken him into custody, 'i liey have ap. plied for ujfidaxits of his insanity to the physicians, who have examined him ; but the latter decline doing any mere than signing ccrtijicates, which, it appears, will not authorize his committal to a mad-house. He has been invited to go away, but this he refuses, as it might counte- nance the idea of his lunacy. When the House rises, which is expected in the course of the week, he may legalltj depart. It is hinted that a high official character, with whom Mr. Gourlay has had much to do, is a little afraid of him ; for it has been remarked that his Lordship, who had been accustomed to walk to and from the House of Peers, has, within these few days, used his carriage for that purpose. Extracted from the News, June 20, 1 824. No. 9. ROBERF GOURLAY. The situation of this unfortunate person has excited the keenest sympathy among all who can feel for poverty and distress. He is now mewed up in the " resting place" of the House of Commons, in daily dread of being handed over to a lunatic asylum. His faculties may be disordered, but \^ do not look upcm the assault on Mr. Brougham as a proof of this. Tie was more anxious to state his many woes to the House of Commons, and it was therefore a matter of indifference to him whether he encountered that or any other Honourable Member. His object, however, will not be attained. Wa would advise some inquiry to be niade into his unhappy case. He has been the victim of agricul- tural distress, and why should he not experience the bounty of govern- ment equally with those whom public measures have destituted? Extractedfrom the Sunday Times, June 20, 1824. No. 10. TO THEEDITOU OF THE BRITISH PRESS. Prison-Room, House of Commons, June 24, 1 824. Sir, Seeing that Mr. Owen had connmenced practically ; that he had left town to buUd up the walls of the " New Jerusalem," I heartily wished him success; for even the failure of experiment is instructive and useful. Unhappily, while he, to good purpose, exchanged the pen for the trowel, . tress ol virtuou The affords econon . tries, i been li unbind uphold , Wer ■ tended sumed rests, I whole powers — pow exeitic brutes ting w« but to -1^' ry people had named ent, it is well worthy ibundant means. It s ago, when the first attacked faith, with- N that he is about to is assistance, and he :rt gourlay. :d in the British Press. :hat to do with Mr. (ly. 1 hey have ap. who have examined signing certificates, al to a mad-hoiise. , as it might counte- rs, which is expected It is hinted that a 5 had much to do, is t his Lordship, who louse of Peers, has, pose, ews, June 20, 1824. xcited the keenest istress. lie is now Commons, in daily lis faculties may be 1 Mr. Brougham as J many woes lo the 'indifference to him ible Member. His dvise some inquiry : victim of agricul- bounty of govern- e destituted? nes, June 20, 1824. 'HESS. ms, June 24, 1 824. ; that he had left * I heartily wished ruclive and useful, pen for the trowel, VII there was left behind " an heir to the inkstand" (alluding to a letter in the British Press, by Mr. Owen's son), and we now have in your paper a column of speculative weakness— a host of interrogalives, and '« a nation (f mac/lines." For my writing there arc two excuses. First, " I cannot get out," and have nothing better to do; second, should you publish this it may save some doctor's fees, and assist in bringing to issue that ques- tion of my sanity which puzzles the Coilective. Three-and-twenty years ago I got into the identical reverie which, for the last eight, has engaged Mr. Owen. I shut myself up at Bath for a week: thought of nothing else but a community of goods, green pastures, and quiet waters; and, at the end of that time, resolved that such a state of things was not desirable. • Six years ago I travelled through great part of North America : saw man at various stages of advancement in civilization, from the dull-eyed savage to the cute Yankee: saw boundless tracts of land lying waste for want of people: saw some in the hands of individuals, and some occupied by communities : saw its first settlement in Canada cursed with patronage and favouritism— Government and clergy reserves; and -Jii the United States, marred with monopoly. I then first opened my eyes to the great principles— I may say the science of emigration and settlement,— a science which has since engaged much of my reflection —a science of my own. I then, confident of a liberal hearing, sent home communications to be laid before Lord Bathurst, as introduction to more, but in vain. 1 have since offered, again and again, to commu- nicate ; but, no!— the Colonial Department, regardless of science and principles, goes on, anon, squandering away public money, sending out poor creatures to Canada and the Cape, to be miserable themselves, and unproductive to their country; to retrograde in civilization; to people the earth with vulgarity and ignorance; to fool away the strength of our nation— that by which she may speedily become the mis- tress of the world, and be immediately the patroness of profitable and virtuous exertion. The light of my theory and practical knowledge now concentrated, attords me the strongest assurance t'sat the grand object of political economy should be the right disposal of landed property in new coun- tries, and the disentanglement of it from restraint in those which have been long settled; exposing it to free circulation among individuals, unbinding it from intails, and suffering not an inch of it to remain for upholding superstition or arbitrary power. Were man made for \ apJ alone ; were he, like bees and ants, in- tended only to moil ; to t Ilect in summer only what was to be con- sumed in winter; to buz and to die, a community of goods and inte- rests, parallelograms and dormatories would be the thing, and the whole thing; but, blessed be God, we are above tiic brutes, and have powers suHicient to " raise a mortal to the sky and draw an angel down !" —powers, which can only be brought into due action by individual exertion, highly stimulated. Man is specially distinguished from the brutes by having regard to property,— by having means of accumula- ting wealth, and rendering it not only subservient to his bodily wants but to the improvement and enjoyment of mind. ■ He is the most selfish {« VIII of all animals, and nothing but necessity or ambitibn will make the most ofhim. The possession of property is the grand regulator — the grand stimulus for man ; and tlie grand desideratum is to have the state of property made perfect. Justice should be done to the indivi- dual, but nothing mure. Each man should be left to his free and un- fettered exertions — to lose property or to gain it; to sink into the depths of misery, or rise to the ecstucy of bliss. In Britain it is well that Mr. Owen's experiment should be made, that public curiosity may be gratified, and that his plan should no longer be a tub to the whHle. In America it has been weighed and found wanting. I tlu-re visited several communities, where goods were held in common. I saw that these people produced, in the firfct place, a sufficiency of necessaries for their own consumption ; and, beyond that, had goods in storehouses, for sale, of the best quality. Goods made by the Sliakers, uiid seeds raised by them are sold iit superior prices ull over America. When you visit these people, )ou flnd their houses, fur- niture, utensils, ail of ihe best — every thing in order, iind delightfully clean; but they themselves are the poorest creatures alive, — without sentiment, without passion, without spirit; inferior, indeed, to their cows; for they despise nature, abuse common sense, and have filtiiy notions of their fellow men. From these communities look up to na- tions which, in a similar way, are unnaturally restrained, an. said, "Yes; he has injured me," Mr. Brougham immediately turned round and said, " Who is that man ? — I do not know him — what does he mean?" Mr. Gourlay replied, " My name is Gourlay; you recollect, or you remember my petition about two years ago." Air. Gourlay then put his hand in his waistcoat pocket, and, pulling out a card-case, offered Mr. Brougham a card, saying, at the same time, " Let the dead bury the dead, but do your duty by ine." I told him he was in my custody, and, shewing him my staff, called to Mr. Brougham. I told him I was an officer, and had charge of Mr. Gourlay's person. Mr. Brougham said, " Keep him in safe custody, but search him, that he has no fire-arms about him, to do himself any harm." I then told Mr. Gourlay to go to the back part of the room, where there was a seat, and to wait there till I received orders from the inside of the House. He replied that he saw my authority, and would obey it, I waited about ten minutes with Mr. Gourlay, when I received an order from the Serjeant-at-Arms to lake him into a room alove-stairs — one of the committee-rooms — where I re- mained with liim about three hours, and until an order came for me to deliver him into the custody of Mr, Gifford, an officer of the House, and Mr, Bellamy informed me he was to go into the custody of the Serjeant-at-Arms, Was there any particular coii- XII he alluded to a motion which Mr. Brougham was to make in the House that night, respecting Mr. Smith, the missionary. I had some other conversation with him, but I do not recollect the exact purport of it. Mr. Halts. From those con- versaiions, what is your opinion of the state of his mind ? IVitncss. At that lime, and taking all the circumstances into consideration, I certainly thrui;^ht him insane; but, from affidavits I have since seen in the newspapers, I should — Mr. Halls. I don't care for the papers; I want to know what was your opinion of the slate of his mind? Witness. Certainly, at that mo- ment, I thought he was not of sound mind. Mr. Halls. Did he say he did it premeditatedly ? Witness. He did. He said he had had it in contemplation some time, and had consulted with a friend about it, who recommended him to do it, as the only means of bringing his affairs before the public. versation in those three hours ? — I cannot recollect any thing mure than when 1 asked him what he meant by the expression he made use of, " Let the dead bury the dead," he said he alluded to the motion then before the House, re- specting the death of Mr. Smith, the missionary. He added that the man was dead, and that the living ought to be taken care of. Did you take the whip from him ? — Yes ; I requested he would give it me ; and that, together with a penknife, which I found in his waistcoat pocket, I gave to Mr. Bellamy. What sort of a whip was it ?— It was an ivory-handled riding-whip, with an ivory head at top. You had other conversations with him ?— Yes; I had other con- versations with him, l)ut cannot recollect them ; it occurred chii-fly in the hearing of Mr. Gifford and IMr. Bellamy. What was your opinion, from what you hfurd from \\\m, at the time this took place ? — I was then of opinion that he was insane, taking all the circumstances into consideration ; that was fheopinion I then formcil ; but whafl have since seen, in the papers, has occasioned an alteration of that opinion. Mr. Halls. We do not want to knovy from papers; give us your opinion. The witness then gavo his opinion as before stated, and added that, when Mr. Hroiighiun made the observation respecting the pistols, he said, " Puor man, I do not think he is right in his mind, ami, therefore, take care of him." Did Goiirlay say that it was done premeditatedly, or that it was planned f— He said, when he was taken up stairs, that he had it some time in contemplation. He had advised with a friend about it, and, i i e three hours i — I any thing mure Iced him what he prcssion he made )e dead bury the he alluded to the >re the House, re- h of Mr. Smith, lie added that >nd, and that the e taken care of. e the whip from ;qucstcd he would id that, together which I found in ket, I gave to Mr. whip was it ? — It idled riding-whip, id at top. icr conversations ; I had other con- him, l)ut cannot t occurred cliii-fly ■ Mr. Gifford and )pinion, from what ni, at the time this as then of opinion 3, tailing all the () consideration ; )H I then forniCil ; iince seen, in the )ned an alteration c do not want to rs; give us your itness then gavo ;foro stated, and Mr. ihoiighani Mr. Halls. Did he say what it by his advice, he had done it, to was that his friend advised him bring the matter under the notice to^o/ the public, and again repealed that tritness. He said his friend his friend had ai'.vised him to take advised him to take the step he had the step. He also mentioned the done— alluding to the transaction distress he had sustained in Canada ; in the lobby. Ho also said he had been much oppressed in Canada, and that he had petitioned the House, and had written a letter to the King, without obtaining any notice, and, therefore, he had pro- ceeded in this manner. Mr. Ualls. Rad you any fur- ther conversation with him i* IVitncss. I told him it was a wrong way to proceerc, take care of ,■ that it was done ir that it was id, when he was iit he had it some ation. Mo had nd about it, and, that he had petitioned the House of Commons, and that he had pe- titioned the King, but could obtain no redress. I told him it was the wrong plan he had pursued ; but he did not alter his opinion, but appeared more satisfied that he had accomplished his purpose. striking Mr. Halls informed him that he could now put any questions ho might think proper to the witness. Mr. Gourlay then commenced his cross-examination. When you came to the firm opinion that I was insane, v,as that in conse- quence of what Mr. Brougham said ? — Generally. Ay, generally ! but what would you have done, had this occurred in any other place? — I should not have had the same impression on the su!)ject. Before Mr. Brougham used the expression, had you the same im- pression ?— I did not form it in consequence. You saw no violence on my bear, and making people teel their part ?— Nothing more than the before— have you have ; but nut in responsibility, not ? Witness. I such a place. Mr. Gourlay. If I had attacked him in the s.rcct, for instance ? Witness, in that case 1 would have considered it an ordinary as- sault, intended to hurl the mind, and not the person. violence you used towards Mr. Brougham. Have you ever known such a circumstance to occur before, in the lobby?— No — not in the lobby. But you have witnessed such things as make a mao/ec/the force of the expressions ? — Yes, I have seen horsewhipping before. I i'l XIV Mr. Gourlcuj. Was not my at- tack ns iniUl as possi ble? Witness. As to the mildness, there five irt blows, were I believe. Mr. Gourlat/. Was there any thing incoherent in my manner ? Witness, Certainly not. Mr. Gourlay. Did you think mc insane before Mr. Brougham gave you hint that 1 was ? Witness. I dou't know what I thought at the first moment : 1 had not time to reflect. It was your conversation afterwards which chiefly gave me the idea. Mr. Gourlay In that conversa- tion you say I quoted Scripture. Why should quoting Scripture make you think mc insane ? The witness was about to reply, when he was interrupted by the magistrate, observing that the wit- ness had answered generally, to the best of his belief. — "And now, Sir," added his worship, " I will thank you to e.\plaiii to mc why Do you know of my using any incoherent expressions ? — Yes, you did make use of many incohcreiic expressions.* Was it done wiih any sort of wildness in my looks ? — I cannot directly answer that, but had it been done in the street, I should not have taken notice of it, but I con- sidered it more to hurt the feelings than the person. Was it from expressions made by Ml'. Brougham, that you formed the o|)lnion of my being insane ? — No, sir; it was not from that : my opinion was formed from the whole of the circumstances, and from hearing you mention •* Let the dead bury their dead." Then you consider a quotation from Scripture was insanity? — I did not think it had any reference to the question. They were very proper words, and I'll defend them. — I did not form n)y opinion from the words, uia from circumstances. i!/''. iJilts remr.'u.' that all *^m oxa'liination was useless; he said that he formed his opinion. you conducted yourself towards not from the words, but the cir. Mr. Brougham in the manner dc- cumstanccs. scribed V Mr. Gourlay. I should first ask on what authority I am brought here? Mr. Halts. On the authority of my warrant. Mr. Gourlay contended that he had u right to proceed in this cross examination. Mr. //a//5 again interrupted. Mr. Gourlay, I had not even an opportunity of looking at the war- rant on w hich I was apprehended ; but will you inform me why I am brought here, and the object of this examination .' • This is a palpable error of llie Re- porter, or the press.— The opposite report is coriect. Ij I,, if J XV [)f my using any :ssions ? — Yes, you f many incohciei', wiili any sort of looks ? — I cannot that, but had it street, 1 should not e of it, but I con- u hurt the feelings expressions made n, that you formed y being insane ? — ot from that : my cd from the whole ances, and from ention •* Let the lead." isider a quotation was insanity? — I had any reference ry proper words, them. — I did not from the words, stances. :mrA(.! that all I was useless; he mcd his opinion, >rds, but the cir- ;ontended that he aceed in this cross n interrupted. [ had not even an oking at the war- vas apprehended ; rm me why I am 1 the object of this lie error of llie Rp- -Tlic opposite report Mr. Gourlat/. At whose in- stance? — you are my judge, I Mfcsiime, and not my prosecutor. ■ Air. Halls. It is i uff.cient, at 1 present, that you are here; and if you choose to explain your con- duct, I tim ready to hear you. ^ Mr. Goiirlay. I wished to com- pel Mr. Brougham to do mc jus- tice.* He has neglected my inte- , rests. 5 Mr. Halls. Or, as you said at the time, he has injured you. Mr. Gourlay. Exactly so. Mr. Halls. And therefore you took this step ? Mr. Gourlay. Ves. Mr. Halls. And do you think it a rational proceeding ? Mr. Gourlay. Why such things are done without being attributed to insanity. • Mr. Halls. But if you are a sane man, as you say you are, you must be aware that it is most im- ' proper to commit a breach of the peace any where, and especially in such a place? Mr. Gourlay. I did not think it improper : I never was more cool or deliberate in my life, and we had determined upon it five > months before. Mr. Halls. Who was it that ad- vised you to it ? Mr. Gourlay. A friend of mine, a Mr. Hamilton; but I do not wish to inculpate him ; and he went abroad some months ago. * Tiiis is an error of the Heporter. Mr. Halls. To ascertain the nature of the assault between you and Mr. Brougham. Mr. Gourlay. At whose in- stance am I arrested ? Mr. Halls. You are arrested in consequence of my warrant. Mr. Gourlay. Some person ap- plied for it ? Mr, Halls. You are brought here and charged with an assault, Mr. Gourlay. Then I am not entitled to know at whose instance ? Mr. Halls. No : it is sufficient for me to kHow that the assault has been committed : have you any thing to state in answer ? Mr. Gourlay. 1 wished Mr. Brougham to feel his neglect, which has greatly injured me. Mr. Halls. Then you consider yourself as authorised to take this step ? Mr. Gourlay. I did so; and considered it perfectly rational. Mr. Halls. It was not rational for you to assault Mr. Brougham in the House of Commons. Mr. Gourlay. I admit that.* Mr. Halls. Thert you are aware that you have committed an as- sault, which is a breach of privi- lege. Mr. Gourlay. I never was more resolved upon any thing in my life. I had consulted a friend, and it was agreed to be done five months before. I was perfectly cool and collected at the time I did it. 3Ir. Halls. By whose advice was it ? — What was the name of your friend ? Mr. Gourlay. Dr. Hamilton was the person who advised me ; but I do not know where he is now. I believe he is on the con- tinent ; but I do not wish to bring him into the matter. 1 mention Tills is not quite correctly reported. XVI Mr. Halii. T?:enyo«rexplaiui- tion is that you attacked Mr. Brougham deliberately ? Mr. Gourlay. Perfectly so. Mr. Halls. And you would liave attacked him even in the House ? , Mr. Gourlay. Oh, God !— No ! just in the lubby. Mr. Halls. Would you have attacked him if you had met him in the Strand this afternoon ? Mr. Gourlay replied that he would not; and he then went on to stale that he was perfectly aware that he was about to do an extraordinary thing before he at- tempted it ; and, fearing it might be construed into madness, he wrote a letter to Sir Ronald Fer- guson, to be delivered to him as soon as he had succeeded in his attempt. This letter he sealed, and showed to a friend, requesting him to put his initials upon it, together with the word "seen," in order that he might be able to testify that he was in sound mind at the time, lie then sought Mr. Brougham ; but ho missed him ; and he wrote other letters, day after day, taking the same precaution wilh them as with the first, until he met with Mr. Brougham, and behaved to him as had been described. The gentleman to whom he had shown these letters was now present, and would answer any questions that might be put to him. He then called Mr. James Bar- ber, of No. 13, Clifion-strcct, sur- geon, and, in answer to questions from the magistrate, he said he had been intimate with Mr. Gourlay since January last, and believed him to be in his perfect senses. When he showed me the letters, he said he had some important busi- ness in hand, the nature of which he did not wish me to know, but he wished me to put my initials on his name because it was said I was insane, whereas the matter was pre. meditated. Mr. Halls. Theh ydu ad'Hsed with Mr. Hftmiltou to do it 1 Mr,. Gourlay. No, I did not advise with him ; but, when I had determined on the thinn;- ! meii' tioned it to him, and obtained his approval of it. Mr. Halls inquired if he meant to say that he committed the as* sault deliberately. Mr. Gourlay. Quite deli be rately : it was my intention to do it ill the lobby of the House ; no other place would have answered the purpose. I was aware that, in doing this thing, I should be con- sidered insane, and that it would appear extraordinary ; 1 had, there- f(Mc, written a letter to Sir Ronald Ferguson, which I intended to have sent after it was done. After I had written this letter, I showed it to a friend, and wished him to put his initials to it, to say that 1 was right in my mind : not meet- ing with Mr. Brougham the day the letter was written, I wrote a second, and then a third, each time getting my friend to mark it, and these I intended as a convincing proof that 1 never was more calm in my life. James Barber was then called by Mr. Gourlay.— He said he resided at 13, Clifton-street, Finsbury, and was a surgeon, lie said he had known Mr. Gourlay rome lime, but more intimately since January last, when they lodged in the same house. He never heard of the as- sault intended to be committed up- on Mr. Brougham ; nor was he ac- quainted with Dr. ilamilton. Some time previous to the assault being XVll 36 it was said I was he matter was pre. rheh you ad'^sed ;ou to do it 1 No, I did not but, when I had he tHir>2- I meii' , and obtained his uired if he meant :ommi:tcd tlie as* Quite deli be ly intention to do l if the Mouse ; no i d have answered wtis aware that, in J I should be con- I nd that it would ■; lary ; 1 had, there- j tier to Sir Ronald 1 I intended to have i done. After I ; I letter, I showed iid wished him to i it, to say that I ; mind : not mect- rongham the day ■ ritten, I wrote a : a third, each time \ I to mark it, and , as a convincing i !r was more calm ' k'as then called by le said he resided :et, Finsbuiy, and He said he had irlay tome lime, L'ly since January id<;ed in the same r heard of the as- be committed up- 1 ; nor was he ac- , ilamillon. Some the assault being the letters, and bear witness that he was in a perfectly calm state of mind. Mr. Halls. Did it not occur to you that this was a very singular request ? Mr. Barber answered in the ne- gative; and, in reply to a number of questions put to him by Mr. Gourlay, he said he never saw any thing in that gentleman's conduct which led him to think him insane, or at all of unsound mind. committed, Mr. Gourlay showed him some sealed letters, which he enclosed in a packet, and also sealed it. Mr. Gourlay said he had some intended business of im- portance to perform, and morely wished him (the witness) to put his initials on the outside, and say that iie had seen the packet, and that he mighi recollect he saw him in the same s'ate of mind as he for- merly was. Mr. Gourlay had, be- fore, been quite calm, and he (the witness) accordingly put his initials, and the word "Afc«" on the out- side, two or three times ; this w^is repealed on ihe packets, but he did not ask Mr. Gourlay for what pur- pose Ihcy were intended. It was a simple request, and in itself iiad no effect upon him. Mr. Halls. Now, I ask you, as you are sworn, had you any particular conversation with Mr. Gourlay? — I have communicated with him, certainly, but I had not spoken to him of tlie assault before it took place. Were the pack- ages directed to any body ?— They were directco, but I cannot say to whom 1 knew they were directed to some person whose name 1 have since heard, but I did not know it at the time, althouoh I wrote upon the same side that the address was on. I have since heard that they were addressed to Gen. Ferguson; but, not consi- dering it a matter of importance, I did not take notice of it. Mr. Gourlay. Now, Mr. Bar- ber, you have been acquainted with me some time, and have ob- served mc in the house. Did you ever observr any thing improper in my behaviour, or any irregula- rity that would lead you to form a conclusion that I was deranged, or that I was a madman ? Mr. Barber replied in the ncga- ti\ «>. d I ' !4 xvm Mr. Gourlay then called on Mr. John William Bannister, who de- scribed himself as a student of the Middle Temple, residing at l6, Eli- zabeth-terrace, Islington, and said he had known Mr. Gourlay nearly three years, Mr. Govrlai/. You have known me, Mr. Bannister, a long time — walking and conversing with me much. Did it ever occur to you that I was a madman ? Mr. Bannister. Certainly not : The Magistrate then questioned Mr. Barber upon his practice as a surgeon among insane persons. He said that he had seen persons insane, but he had very little expe- rience in that part of the prac- tice. Mr. Halls remarked that it was very singular that a man in the profession, but who had very little practice, should give so decided an opinion. Mr. Barber replied that he cer- tainly did not consider Mr. Gour- lay deranged. He was in the same state of mind he had pre- vjousi;^ been, and, as far as his ob- servations went, he was of the opinion he had already declared, although he did not wish to state it in opposition to the great medi- cal gentlemen he saw on the bench. Mr. Gourlay considered that that was perfectly satisfactory, and that the evidence of Mr. Barber was a decided opinion that he was not deranged. Mr. Hulls remarked that, how- ever Mr. Gourlay might be satis- fied, he required further inquiry. In answer to Mr. Gourlay's question, Mr. Barber said that he never considered Mr. Gourlay in- sane; that Mr. Gourlay's conduct had always, in his house, been proper and regular ; and never did the persons in the house say he was insane. Jo/in Jf'illiam Bannister, of No. 1(), Elizabeth-terrace, Islington, and student of the Middle Temple, was next called by Mr. Gourlay. He said he had seen Mr. Gourlay both at home and abroad ;* he con- * This is a mistake of the reporter. Mr. Bannister never saw me abroad. He arrived in Canada after I left that coun- try; lived there raore than a year; and learned f;om hearsay how I had been treated in prison, and what was the con- sequence on ray trial. XIX icd that, how- iiiglit be satis- ther inquiry. Mr. Gourlay's er said that he r. Gourlay in- ir lay's conduct i house, been and never did )use say he was inislci; of No. ice, Islington, /liddle Temple, Mr. Gourhiy. I Mr. Gourlay road ;* he con- of tlie reporter. r me abroad. He I left that couu- than a >ear ; and how I had been vbat was the con- 1 hen questioned his practice as insane persons, ad seen persons ^ery little expc- •t of the prac- ked that it was a mail in the ^ had very little e so decided an ed that he cer- ider Mr. Gour- [e was in the d he had pre- is far as his ob- e was of the ready declared, )t wish to state ;hc great medi- V on the bench, snsidered that itisfactory, and jf Mr. Barber on that he was I of a singularly enthusiastic turn of mind ; but by no means unfit to conduct yourself or your affairs. Mr. Gourlay. You do not be- lieve me capable of doing any act from malevolent motives f — Cer- tainly not. On the contrary, I never knew a man of more urba- nity, replied Mr. Bannister. Mr. Gourlay. You believe that I would not do such an act, except in justification of my honour ? Mr, Bannister. I firmly believe you would not. I should not con- ceive that it proceeded from insa- nity, but from strongly-excited feelings. Mr. Gourlay. Did you ever see any thing like a revengeful spirit in me ? Mr. Bannister. Quite the re- verse. I have seen you in most trying situations, and I never heard you express yourself re- vengefully. A long conversation now look place, on the subject of Mr. Gour- lay's sutferings in Canada. Jie stated that he had been rigorously confined there, on a prosecution for a libel, and, when brought out of his dungeon, he was afiected by giddiness, in consecjuence of his coming suddenly into the cold open air. In this state he was immediately put upon trial, though he was so ill that he was unable to conduct his defence ; and it was in the hope of procuring a new trial that he forwarded a petition to the I louse, through Mr. Brougham; but that gentlemen kept it by bim until his witnesses had left Eng- land, and then threw the petition on the table of the House, when it could be of no service to him whatever. The magistrate seemed to think the giddiness he spoke of was a touch of insanity, but Mr. Gourlay indignantly repelled the idea ; and, after a long and rather sidcrcd him of a singular and en- thusiastic turn of mind. He did not consider he would do an act of the kind from malevolence, but he considered it his enthusiastic turn of mind. He did not con- sider he would do such an act, ex- cepting when his feelings were sen- sibly touched, and it was to re- trieve his honour. He saw no- thing revengeful in his nature. He could assure the bench that Mr. Gourlay had been a great sufferer in Canada. He was imprisoned for a libel, and, having laid there for some time, he was brought out to his trial, where he suffered much from the effects of long confine- ment. On entering the court, he appeared like a man intoxicated, and throughout the day, on which the trial lasted, he was unable to take that active part in his defence which long confinement had pre- vented him from doing. He, therefore, was anxious to obtain a reversal of the sentence passed U|)on him, or a new trial. This alone could be obtained by peti- tion to parliament; and then it was that one was forwarded to England.* Mr. Gourlay, in vehement terras, stated these circumstances and re- presented to the magistrate the treatment he had received when he forwarded his petition to Mr. Brougham.t It laid, he said, in his hands day after day, and week after week, until the witnesses re- turned to Canada, and then it was that Mr. Brougham flung it before the House. These circumstances, he considered, were a sufficient jus- tification for his committing the assault; and to endeavour to ob- * This 13 another mistake of the repor- ter. Mr. Bannister did not speak of » petition being forwarded to England. t Incoircclly reported. XX angry ahercalion, ilio magistrate called upon Sir George Tuthill and Dr. Munro to <;ive their opinion of the state v{ .Mr. Gour- lay's mind. Tiiese gcnilcmen con- fi-med their affidavits, which have been already published, declaring Mr. Gourlay to be, in their u^n^ nions, decidedly of unsound mind, and adding that they had seen nothing since which could induce them to alter that opinion. Mr, Gourlaj/ urged Sir Goorj^o to say upon what grounds lie hud formed that opinion. Sir George replied, that he had Ibrmed his opinion as well from the transac- tion in the lobby of the House of Commons as from Mr. Gom lay's subsequent conversation; and he was confirmed in it from his hav- ing asserted to him, in plain terms, that he would commit the like outrage again, under the same pro- vocation.* J\Ir. Govrlay still repeated his qnestions, and, at length, The Magistrate cut the matter short, by observing that he wished Mr. Gourlay to understand that he did not sit there to convict him of insanity. He merely re(|uired to know whether the assault in question had been committed ; and whether, if Mr. Gourlay was suf- fered to go at large, he was in such a state of mind as to make it pro- bable he would commit some of- fence for which he would be liable to be indicted. These were the words of a particular act of par- liament (3.9 Geo. III. c. Q4).\ The warrant had been issued" un- der that act, and there had been qnite sufficient evidence to justify hira in'committing Mr. Gourlay to the Quarter Sessions, as a dan- • I .Bid " under the same chtum- itoncM" jiQt "prouocatinn." t 39 ttud 40 Ceo. HI. c. 94. tain reparation foi his injureci feelings* Mr.Halh'ii'iA he had requested the attendance of two gentlemen to speak to Mr. Gourlay's state of mind since the time they became acquainted with him: there were circumstances in his conduct very extraordinary and not fully ex- plained. - Mr. Uannistcr considered that, as himself and Mr. Barber had known Mr. Ciourlay two or three years, their evidence ought to have m(jre weight tiian the learned doc- tiir.s who were about to give evi- dence. Sir GeorgeTutlnll-MM\ Dr. Munro were, however, sworn; and a paper being put into their hands, which purported to be the depositions previously made, stating that Mr. G. since being in custody, had ex- liibited symptoms of insanity ; that they had seen several letters writ- ten by him ; and considered that he had been, and was in a state of derangement; and appeared, if dis- chi'.rged, likely to commit an of- fence similar to the present. The medical gentlemen said that, from his statements, they considered, if set at liberty, he would commit the same ofience as he had been charged with; they, therefore, con- firmed their former opinion. Mr. Ouurlai/. Do you consi- der. Sir George Tuthill, that it was a gri'at proof of derangement in committing an assault in the lobby of the House of Commons i — Certainly, it was. Do you consider it unsafe for me to go at large, having com- mitted such un act there? Mr. Halls considered that the question was for him to decide. He was not going to sit on the • Incorrectly reported ; there waimuch JBon ihw/ielings at itaLe. xxt or Ills iiijujec( e liad requested two gentlemen lourlay's state of me they became liin : lliere were lis conduct very I not fully ex- ror.sidered that, Ir. Barber had iiy two or three :e ought to have llie learned doc- uut to give evi- 7 and Dr.Munro )rn; and a paper r hands, which the (lepnsiiions ■tating that Mr. istody, had ex- if insanity ; that ral letters writ- considered that v'A% ill a state of iippcared.if dis- commit an of- '■ present. The said that, from y considered, if would commit IS he had been therefore, con- opinion. Do you consi- 'uthill, that it t derangement assault in the ! of Commons ? r it unsafe for , having com- :hcre ? iered that the im to decide, to sit uri iho I; there wai much .gerou3 person, suspected to be of unsound mind. lie should, there- fore, commit him, and a jury might decide the question. In the mean time, he should take care that he was treated with every possible kin the we know of, to horsewhip Mr, Brougham. The Speaker interfered HoT' ?/''?i"^xr'' '"*^'^ '" '^'^ '^bf^y' '^"^J tlfedignity of le House attacked. Now, indeed, that m/. Brougham has Lt Mr t^Z "l-L °;'"^ over tokeep the peace,* and answerer the assayed t, the hmg ,s different. All we wish to have understood is that, with all wnipping have had nothing to do. Extracted from the John Bull, June, 57, 1824. * Thii ij not true. I 'J; 1 have every ncces- im, and be in as a gentleman. / had been proved, aken for his libera- 1st be submitted to s or judges; at committed for his . sessions. again requested to on of insanity an- >o, the name yf the lished ; both fa- met with a refu- tion occupied from o'clocii, until a en, last night. he Morning Cliro- i24. »ment, from Mr. icc if we possibly parliculariy hard i from his parlia- ;n held up to the tleman, who was Somerset, (who, )ject of attack;) ps of I\Ir. Gour- his talents, the ad performed in , than the whole 'ithout defender lishment he has nighty crime of him within the or any sin, that taker interfered dignity of the 1 has got Mr. the assault, the that, with all and his horse- e, 97, 1824. XXllI No. 15. everjf A strong proof of Mr. Gourlay's state of mind is now lying before us ; it is the petition of that gentleman, which Mr. Bro' hatn presented, in June, 1821, and which, at his instance, was printed, and is recorded in the Vote-Paper of the House of Commons. Ail, therefore, that Mr. Gourlay desired of Mr. Brougham was done by Mr. Brougham ; and, from that time to the present, we are given to understand, that there has never been the least communication, direct or indirect, made iby Mr. Gourlay to Mr. Brougham; nor was any complaint made, at Uhc time of presenting the petition, that any thing had been left undone, jby Mr. Brougham, which the petitioner had wished to be done. A clearer proof cannot be supplied of the unhappy condition of Mr. Gourlay's mind. Me labours under a complete delusion ; the ground of his assault on Mr. Brougham having no existence except in his own imagination Extracted from the Titnes, June 28, 1 824. TO TilK EDITOR OF THE TIMES. Sir, House of Correction, Cold-Bath-Fields, June 28, 1 824. You have, in your leading article of to-day, advocated the cause of Mr. Brougham against me, and I cannot suppose you would be so officious without fee or reward. But however this may be, you will allow me the same conspicuous place to declare, in my defence, that, with the public ear, I shall coolly and fearlessly plead against the united powers of you and Mr. Brougham — against the leading journal of ^ Europe and the greatest orator of the age. Yes, sir; and if the pub- ; lie declares against me I will apologize to Mr. Brougham : I shall I even bow before him to the earth, with my back bare for a flogging. Saying this I withdraw not, in the mean time, the glaive thrown down ^ as a test of sincerity and honour — that for which at all times my life shall be a ready offering. ROBERT GOURLAY. N. B. — Those who wish to see fair play will be so good as send me their addresses, in lists, pledging themselves to take the two first shilling numbers of a series of publications, which I shall then issue prior to my trial for insanity, which cannot come on before the 12th of next month. It shall be entitled " An Appeal to the Public, Gourlay versus Brougham, Colonial Policy, and the Collective; with good Reasons for Horsewhipping." If the nota bene of the above must be considered as an advertisement lot me be charged for it as such. Published in the Times of next day. No. l6. Mr. Gourlay to the Editor of the Morning Herald. Sir, The cruel situation in which I am placed ; not here, but before the public, as a tnan of unsound mind — one that must not be al!ovvc'.! to ■7«' XXtT go abroad, lest he cut his owd throat, or (hat «»f some other persoH, induces roe to ofl'er you, for publication, a copy of a letter just now despatched to my daughters — the eldest, sixteen years of age. Perhaps, other editors may coj)y from your paper, and convey to my numerous friends, on both sides of the Atlantic, tlie best proof, not only of my sanity, hut quiescence under the greatest of provoc'itions, and while exposed to the most injurious of all slanders. IIOBKRT GOURI.VV. Cold-Bat/i-Fia'ds, June 28///, 1824. urges; 1AVK IN London. Culd-Balh-Ficlds, June QS, 1824. My last letter to you, my dear ftirls, was despatched from the House of Commons:— MOW I am in the House of Correction. I said that I had got by honest means into the former House, where not one of a hundred is seated but by bribery and corruption. There, the great ])roportion of inmates are blockheads : here, they are clever fellows, almost to a man ; nay, I may say, to a woman; and, out of 520, we have 1 10 females. There I had much comfort : here I have still more. In the House of Commons I had excellent apartments, with three windows lookmg difierent ways, over the most interesting part of the metropolis • and, just before my departure, saw the King going to dismiss the Col- lectire, from Whitehall, to the setting down within the porch of the House of Lords. His golden vehicle was drawn by eight cream-coloured horses, as fat as butter : that of the Master of the Horse, by six black ones, fatter still. The sight would have pleased, but for an unlucky contrast of these fat horses with the poor of Wily parish, which made me exclaim, " Vam pomp and glory of this world, I hate thee " The alone* thing (as my friend Dr. Chalmers would say) in my for- mer lodgings to be complained of was confinement within doors • here I have access to a delightful garden ; the round in which is 500 paces One walk is shaded by a high wall, and well adapted to con- templation deep ; another is elevated, and commands a view of manv surrounding buildings, with Rleux's brewery towerincr over all At one corner there is a piece of water, neither so big no^r so pellucid as Lake Ontario, but suflicient for imagination to enlarge and purify • at another corner, we see a cage full of nymphs, not nuile so fair as un- sunned snow, but bleaching whiter daily; while a little tread-wheel- labour paints their cheeks infinitely better than those of ver- milioned court-ladies. Gentlemen from the purlieus of St Tames's occasionally sun themselves in a*balcony,occa«ionally play at bail in the area below, and a variety of characters saunter in the garden, amona whom IS one of Carlisle's shopkeepers, a female rather of interS appearance. i^icauug at! •'^'!i' """** " so used bj other authors, when cmly, or ,ole would he more nrooer My justly-respected frjeud will excu«, my pointing to his much too frequen? ^rof i XXV [)jne other person, a letter just now of age. Perhaps, f to my numerous not only of my itions, and while r GOURI.VV. June 28t/i, 1824. s, JuneQB, 1824, 'A from the House n. I said that I ire not one of a There, the great e clever fellows, It of 520, we have e still more. In th three windows f the metropolis ; ) dismiss the Col- ihe porch of the t cream-coloured jrse, by six black for an unlucky rish, which made bate thee." say) in my for- tliin doors ; here n which is 500 adapted to con- a view of many ig over all. At Jr so pellucid as 8 and purify : at le so fair as un- tie tread-wheel- those of ver- s of St. .Tames's •lay at ball in the c garden, among 2r of interesting lid be more proper. ) frequent use of it from the real charac* I walk sometimes fast, sometimes slow, as (he fancy of the moment urges, sometimes rest on a bench, and thank God that I have plenty to cat and drink, free of expense and care : now and then a friend calls, bringing with him newspapers, and walks the rounds with me; and, at this moment, lam anxious only about my dear children, my mother, and my sisters, who may bo aiarnied with the absurd conduct and malice of my enemies; especially as things are mis-stated, distorted, and (liscoloiited by that vile piiper "'l"he Courier," which, since it lirst laid the foundation of my ruin, in Canadn, by publishing the in- famous lie that I had escaped from Spa-fields, has never lost an opporlunity to injure me. This you will find invariable, when you grow up in the world, iliat malicious people, when they have once (lone yi)u mischief, will do so more and more. What the master blockheads, who sent me here, mean, I cannot tell. They do not punish nu> : they do not put me out of humour : they do not make me afraid; and I have been so thoroughly tried by oppression, which will make a wise man mud, that even this, 1 hope, cannot prevail over me. During the four years that havo just gone by, while the bread, provided for yon and my other dear children, before your birth, was cruelly and unjustly withheld; and when I was kept in continual suspense by Chancery delays, there was, indeed, at times, an extraordinary degree of pressure on my spirits, and, at other times, it was as much as I could do to keep down convulsion — now, I am light as air: havo health and vigour beyond what I ever enjoyed ; nor could any thing please me more than a few weeks' conlinement here, which gives so good opportunity to study human nature, and get acquainted with prison-discipline. Howard had abundant means to open doors for him everywhere ; but, for me, there was no innocent way of getting admission, till, happily, this God-send occurred, " the happy deed that gilds my humble name." My beloved daughters, keep yourselves perfectly easy; and go on, as hitherto, making all about you happy. The seven years which we spent in Wiltshire, while your excellent mother yet lived, continually bright- ening our clouded fate with her good sense and cheerful resignation, and, w'lde you were too young to know how we were beset with villany, were, "ndeed, years of bliss compared to the seven last, during which 1 have been unhoused, driven across the Atlantic for an asylum from perse- cution, only to be banished back to greater and unheard of sufferings. But these must have their use. It is quite impossible that a benignant Providence could have orueied such an extraordinary train of events without having in view some ultimate good. Laying aside every super- stitious impression, it is even policy so to think; and to this thought I give myself up without reserve or doubt. You recollect that, when last with you in Edinburgh,! cautioned you against fanaticism, and bade you beware of a host of busy, silly, canting people, who, of late years, have sprung up in all quarters of the kingdom; who are eternally looking abroad for proselytes, instead nf searching their own hearts; who are mad about missions and foreign chanties, though ignorance and misery is at their very doiirs unregarded ; who are either your whining lovers or your malignant slanderers; who disregard conimoB c XXVI sense, and anake religion only a slalking-iiorsc for llicir vauily. Cat:- tioning you against sucli fanatics, k-t me, at same time, warm vour hearts, and strengthen your regards towards true religion ; whitli leaches us to be kindly aflectionatc to each other, long suffering, cheerful, and contented — but, above all things, charity. If you have not written, write, on re(oij)t of this, to Clifton-slroet, as formerly ; and believe nic tiie same, bond or free, your aHVclioMatc father, RORKRT COUULAY. To Misses Jean and Jessei/yjourhi/. No. 17, t! The treatment experienced by Mr. Gouilay is calculated, very seri- ously, to turn the attention of every individual towards ilic subject of i.'Tiputcd insanity. A subject which comes home to every man's feel- ings and bosom is more likely to commaiui iiiimotliate consideration than any other of a public nature, however important. What is Mr. Gourlay's fate, may, to-day, or to-morrow, be llie fate of any man in the community. 'I'here is no subject on wijich men differ so much in opinion of its reality, or non-existence, as insanity: none which is so easily imputed, so credulously admitted, and with such dillieulty disproved. Tlie most trivial and unimportant actions which might, at any time, and in one man, have created no surprise, shall, when there once exists a predisposition to believe him insane, be construed into undoubted marks of insanity; and great reason is there to fear- no, we believe to be assured that, from the force of this prejudice, many unhappy persons (in and about London) are secluded from so- ciety whose actions have been viewed through that distorted medium. If every person v»hose conduct is in some instances eccentric were to be brought by warrant before a magistrate, and subjected to confine- ment, we believe that the magnificent hospitals of St. Luke's and Bed- lam must very consideiably enlarge their bounds. Mr. Gourlay, it will be recollected by our" readers, struck Mr. Brougham with a switch, in the lobby of the House of Commons. Was there any thing insane in this ? It was very imprudent : it Avas foolish ; and he, probably, knew that he would be tak.Mr into custody for it. During his confinement, he wrote several sensible letters to theSpeaker, requesting to be heard at the Bar of the House on the subject of his wrongs, which he had vainly endeavoured to bring before Parliament; and It .snot unlikely that he might adopt this scheme, in order to cfrect his appearance for that purpose. This may, also, have been foolish ; but It should be recollected that this gentleman has, for a long time, been irritated by proceedings in the Court of Chancery ! and by tl^ hand of aristocratic power. Well-the House sent two mad-dodon to him, Who, in a short conversation, at once pronounced him insane. How- ever, the Honourable House could not keep him in custody longer than the -luration of their session, and, consequently, he was, on Friday, discharged. But the House still thought proper, by an ulterior mea- sure, not to let go their grasp of tins unfortunate gentleman, and, there- tore, straiijeto say, he was followed up the Str«n.t Kv.- o R«w.ot,-.»o» ' ici'r vaiiily. Cau- time, warm your ^ religion; w'liicli ■r, long suftVring, , ily. to Cliflon-slroct, , your atrcclioMnte r CO UK LAY. :ulatcd, very seri- ids llie subject of every man's fcel- iate consideration It. What is Mr. ite of any man in cliffbr so mucli in • : none wliicii is th such didiculty ons which might, irise, shall, when ine, be construed is there to fear — of this prejudice, secluded from so- Jistorled medium, eccentric were to jected to confine- Luke's and Bed- ders, struck Mr. if Commons. Was It : it Avas foolish ; ;o custody for it. jrs to the Speaker, the subject of his I'fore Parliament; lieme, in order to have been foolish ; , for a long time, f and by the hand id-iloctors to him, im insane. How- in custody longer le was, on Friday, an ulterior mea- leman, and, there- XXVll constable, who, as he was peaceably proceeding to his home, look him into custody, on a warrant, not for insanity, but for a breach of the peace ! In vain did the astonished man demand at whose suit he was apprehended ; in vain did he bring /orward two gentlemen who had associated with him intimately for a series of years, and attested his un- doubted sanity ; in vain did Mr. Gourlay himself defend his cause with the same rationality that the most intelligent person could have exerted -the doctors having once declared him mad, persisted in their opinion, and he was actually committed /or an assault to the House of Correc- tion, the magistrate preserving a perlect silence, when asked by the prisoner, who was his accuser ?— All this is very mysterious, and not \eiy consonant with the old law of England, as we have been taught to understand it.^ But this gv-;:tleman has, in fact, been very troublesome to the Lord Chancellor, lately, in his sovereign court, by putting odd (jucstions, and making odd complaints of its practice: he is the author of several in|>'nious projects for amelioration and reform in other de- partments than that of the law, and is for ever casting about his eyes on public evils, and their remedy ; — in short, he was what the good, quiet supporters of the system, as it now is, called an intermeddling, troublesome fellow; and we advise Mr. llobert Owen, of Lanark, to mind what he is about, or his strange doctrines, which have already been pronounced in the IVittawginwte, or assembly of wise men, to be absurd and impracticable, may introduce him to the notice of a brace of cool-headed »W-(/oc^or5, who do not understand his eccentricities, and may vote him a proper subject for peeping ihiough the bars of the House of Correction, or reposing on straw, within the conlincs of Bedlam. Ext racled from Drakard's Stamford Nc as, Jubj 3, 1826. No. 18. If we were to ask n-hat is really cruelty, we should say the impri- sonment of Mr. Gourlay, in Cold-Bath-Fields, at this monicnt. Not one syllable does the Times or Chronicle say of that person's sufferings. It should seem that he is lodged in a palace, and that it never rains at that end of the town ; and that there are no bars and no gratings there. He has been committed to jail for having committed an assault. He has not been tried for it. He wftsshut up in the Pailiament-House for several days, for having made a disturbance in the lobby ; and when the delicate and unquestionable power of Parliament ended, by the termination of the Sessions, Mr. Gourlay was apprehended in the Strand, and sent ofl'to jail in Cold-Bath-Fields. Do we ever hear his name mentioned by the Whigs, by the Chronicle, who, before this event, filled half its pages with the wrongs and grievances of this very Mr. Gourlay? No: why then are those champions of oppressed innocence silent ? Because Mr. Gourlay chose to horsewhip Mr. Brougham. Mr. O'Callaghan horsewhipped a clergyman; and, j)erhaps, he did not know he was one. Mr. Gourlay horsewhipped a Whig; perhaps, he did not know how he would like it. At all events, -'^Ir. Gourlay stands much in the same prcdican^nt as Mr. OTHHaghpn, XXVIil atui \vc nu'iitiui) tilliCL' ot' lliciii, not tor tlicir own sukc", but asfioi'\iii^ Ju illiihtrHtc llmt system of ovcii-liiiddoil inipaitinlity, wliich, in ilie art of Wliigjjciy, is equally luliiiirablc witli iill its otluT loadiiij; iValuirs. Extradtd from Jolm Ihill, Juh/ -i, 18 '.'4. No. I<). MR. GOUHL.W. Tliis ijciillem.in hist wt-ok torwiiidcd to us ii copy of his pi-tilioii to llie House ol Lonls, lor wliicli wo liad not room: il was, jiccordingly, returned to hiiii, niul wc have received the Iblluwiiig letter from hnii, which, with its enclosure (iilikc rcniarknblo lor their naivtlc), we readily pubiisli. Jiih/ 7, 18 J I. Silt, In coiitorniity witii my notice of Monday, tlie hearer will receive, at youroftice, my letter of last week — if you decline publishing it next Sun- day. I copy out annexed a letter to ihc ICarl of KIdon, which should have accompanied the petition sent you the week before, and which you nniy use as you pleH.»e. I am the person whom you called JeUoxo — and as independent of whigs and radicals as of tories and sycophants. Your obedient servant, UOBT. CiOUllLAY. ;lhc causi solicits al to be nu When w idthounh subject (1 ex tend in; pathy is drawn it . back to ness, is r Prison -rootn, House of Commons, J unc 23, 1821. Mv Loud, Hitherto I have uddrcsscd your Lordship as Chancellor: I now write to you as a British Peer ; and, in that character, request of you to present forme to the Ilouseof Lords the accompanying petition. (Appen- dix A. 26'.) It shall speak for itself; and, I hope, will not be presented in vain. There is no parallel to the Duke of Somerset's persecution of me; but this persecution is only an item iii my account of worldly trial. You see vvlieie I now cm, and may attribute all to my own fault. Be it so ; I would scarcely exchange my mischances for any other man's pros- perity; they have taught mo so many lessons, and left me so light- hearted. 1 would not change situations either with the Duke or your Lordship ; and, but for ill health, would have followed up my purpose of petitioning for your removal from otlice. Y'our denying me costs merely because of my saying that the Duchess of Somerset wore the breeches was unwarrantable. This woman once danced before my window in contempt of my sufl'erings; and who but a * * * * woman would have frightened my beloved wife from her home, as set forth in my petition? Where was the harm in telling the truth, or in using an expression which, though vulgar, was apposite? Besides, the coritinued torture of Chancery delays had threatened me with disease, which could be repelled only by breathing out every thought. What- ever has happened, or has been said, I trust your Lordship will do justice to my present application; and, with all due respect, I am your Lord- ship's obedient servant, T/ie Right Ifoi,. , ROBT. GOURLAY. ihc Eurlof Eliioii. Erf ntdcd from the John Bull, July 11,1 8'J-t. XXIX cs but as M iviiig wliicl), in ilie art atliiig iVatmos. \Jutij-i, 18 '.'4. i)f liis pi'tiliuii lo vas, jiccoidingly, letter fi'oin liiiii, htti), we readily Jtilif 7, IS'.'t. T will receive, at liiiiir it next Stiii- hicli slioiild havu I wliicli you may I Jclloxv — and Hs .'opiianls. Your CiOUllLAY. >,Junc 23, 1821. ncellur : I now cquest ot you to ;titioii. (Appcii- )t be presented in irsccution of me; trldly trial. You t'aulf. Be it so ; lier man's pros- eft me so liglit- ic Duke or your 1 up my purpose Icnying me costs mersct wore the need before my • * * * woman r home, as set the truth, or in e ? Besides, the inc with disease, bought. What- ip will do justice \ am your Lord- GOL'RLAY, y«/y 11,1 8'J-l. i No. '20. MR. UOBKIIT GOURLAY. We aj;ree willi liiosc who think that there is a species of moral obli- ualion incumbent on all who are connected with the piess, to support ihc cause of luimunity. Variation of opinion on the stiljeet, which solicits attention, should not certainly be overhjoked; but it ought nm to be nnvde the stalkinj^-horse of deserting the (piestion altogether. When wc feel strongly, we shall express ourselves warmly; and, nlthou!;h our contemporaries may have turned their backs on the subject of our patronage, that shall oidy be an additional reason for extending it more largely. In the case of Mr. Gourlay, all our .'^ym- pathy is necessary. With one or two exceptions, the press has with- drawn its agency from him, and this unfortunate person, who can h-ok back to days of comfort and prosperity, and to a life spent in useful- ness, is now left, cheerless and desolate, to struggle with the eviU of poverty and calumny. lie is, in the tirsl place, tlie victim of a Noble Duke, by whom, if his statements can be credited, he was inveigled iroiu Ids native place, and ultimately deserted, after Mr. Goui lay's exertions had ameliorated his property to a very great extent, i'or this, compen- sation has been partly awarded in (Chancery ; but the expenses of the suit, and still more tlie iluubls of the learned judge have woefully abridged the amount of success. The compel ilion with a rich and irritated nobleman was, also, severely felt; and every means were tried to make the suit run the gauntlet of the Appeal Court. In the next place, he has to complain of the desertion of his jjublic friend'^. There arc characters in the country who wish to mount into notoriety on the battalion of another's wrongs. Mr. Gourlay had complaints to prefer of a public nature: he was at first taken by the hand ; but, his generous patrons not fniding that a high clamour could be raised upon them, he was again beat to the ground. The last and deepest subject of complaint is his present conHnement. We will not stand up to extenuate the assault which was made on Mr. Brougham: of that there can only be owe opinion; but »ntf«_y opinions may be formed on the motives which dictated it, and on the consctjuences which flowed from it. lie had certainly meditated an attack on some Hon. Member, but we rather think that he had more inclination to expose the hollow pretences by which he had been chicaned by some members in the House, than to display hostility towards a particular individual. But, because he did so, was he to be declared insane? Was the brother of a Right Hon. Secretary, who used the whip much more sharply than Mr. Gourlay, insane when he committed the act ? Were Mr. O'Callaghan's faculties disordered ? Was a Noble Duke deranged when he whipped an illustrious Countess? Whipping is of cvery-day occurrence. Go to Hyde-Park in the forenoon, and to the box-lobby in the evening, and you will see the '* galled jades wince" under similar chastisement. It may be well to bring such persons under the restraint of law, or to give them a month's confinement, in order to cool their hot stomachs. Mr. Gourlay, however, has experienced greater severity, lie has been branded as a lunatic— adjudged, without, hesitation to be a f* 1 'JlJl XXX liangeroiis character, and immured ad libitum vvilliiii llic purlieus Cold-Batli-Ficlds. It would have been but common justice in the physicians who examined him to have given a less positive judgement ; for tliere arc shades and degrees of insanity which arc discovered in every human being. The sober citizen who is nailed to his desk " from morning's light till noon," has occasional touches of it; and the most illustrious cliaracters who award justice and judgement in the country, can conceive its agony. A sentence of settled lunacy can only be given by a verdict of a jury, drawn from the evidence of unquestionable witnesses. Now, i\Jr. Gourlay had given proofs in the Chancery Court of skilful pleading; he had been plying his quill rapidly ; and, ac- cording to the report of his friends at Bow-street, he had actually meditated the scheme, on which account he suft'ered, months before it was broujdit to bear. Such evidence ought, in our opinion, to have staye«l, for a time, the mittimus of the magistrate. The precipitate aud indecent haste with which he was captured, examined, and committed, prevented his friends from acting in his behalf; and, ere he could collect his proofs of sana fnens, he was published v' lad as infected with a disease which, to use an elegant phrase of Loiu GiflTord, " cast the very lowest of human subjects into obloquy and neglect." We sincerely trust that the public will compassionate the case of Mr. Gourlay ; and, if they cannot undo what has been so cruelly done, that they will at least cheer the gloom of his prison-house by a benevolent contribution in his favour. Extracted from the Sunday Times, July 11, 1824. No. 21. Sib, House of Correction, Cald-Bath-Ficlds. ■ July ]3tk, 1824. Understanding from the Governor of this House that he cannot re- gularly lay before you a letter which I addressed to him yesterday for that purpose, I shall noiv annex a copy of it, requesting you to read this and it to the Grand Jury, and earnestly entreating that the whole premises may be seriously considered, as soon as convenient. I have the honour to be, Sir, Your obedient servant, To the Chairman of the Grand Jury ROBERT GOURLAY. of the Middlesex Sessions. trial Sin, House of Correction, July 1 Qth, 1824. I often write letters, not for the purpose of informing the person to whom they are addressed, but for registering my thoughts, purposes and prmciples. as well as to make him a witness of them. In this wav, I have written to you twice, and in the same way I write now, with an additional object. On Saturday you called oiv me to ask if I had sent to the newspai»prs ar.y complaint of the prison. I had sent out an ar- II tliu purlieus of ion justice in the itive judgement ; lie discovered in f> his desk " from it; and the most lit in the country, can only be given :)f unquestionable i Chancery Court apidly; and, ac- he had actually months before it opinion, to have le precipitate aud , and committed, e he could collect infected with a 1, " cast the very Ve sincerely trust Gourlay ; and, if they will at least t contribution in July 11, 1824. Cald-Bath-Ficlds. , 1824. it lie cannot rc- lim yesterday for Ling you to read g that the whole nient. : servant, IT GOURLAY. July IQth, 1824. ng the person to Is, purposes and III this wav, I te now, with" an sk if I had sent sent out an ar- XXXI "licle, but not of this kind. You are welcome to see it, as you have seen one despatched since. You advised me to employ a solicitor, and to procure bail, as the Grand Jury might sit all this week, and then let my case stand over till next sessions. Now, sir, this is a very impor- tant matter, and induces me to be quite determined as to my conduct. • 1 will not now employ a solicitor; neither will 1 trouble myself fur- ther about bail. The moment that I got to the Public Office, Bow- street, on the day of my arrest, 1 wrote for friends to come to me, and some came instantly to give evidence and bail; but Mr. Halls refused bail that night, and would not say on what terms he would grant it the next day. I will not play fast and loose with any body, and, there- fore, made no further attempt to be bailed till after reading the statute, under colour of which I am imprisoned, last Thursday. Seeing that this clearly admitted of bail, I got friends together for consultation on the subject. My own resolution, at first, was to make no attempt ; but, it being suggested that it would be in my favour, in the event of n trial, to go out and show myself, and make arrangements, I wrote to the sitting magistrates here, who referred me to the Committee at Bow- street. I then wrote to Mr. Halls, who said that my friends should come to him next day (Friday) at Bow-street, and there he told them no bail could be granted till the doctors reported it safe for me to be bailed. He said, if I chose: he would order the doctors to visit me; but that it was scarcely worth while, as the sessions commenced on Mon- day ; and, probably, I would be discharged, for want of a prosecutor, on Tuesday. Rlr. Halls promised that I should be accommodated here as I a gentleman; but, before this promise, he had not behaved like one, and, therefore, I put no trust in his promise afterwards. It appeared that he acted under orders to send me, at all events, to this place, as well as to throw difficulties in the way of my liberation ; and his refusal to show the warrant of arrest, which lay on the table, was further proof that he was capable of acting illiberally. From reflections on these occurrences, I made no objection to sleep in the Infirmary, when you i took me there. I not only think it vain to struggle with the arbitrary power of government, but wise to submit cheerfully when difficulties cannot be surmounted. I attached no blame to you. Up to this day, I have pleasure in acknowledging your civilities, and saying that the general* treatment of prisoners seems judicious and mild. One thing only is objectionable, but that, of course, must be controlled by the magistrates, not the Governor; I mean the confinement of certain criminals with men. It is my opinion, that certain crimes are so ■ disgusting that men, however guilty otherwise, should not be sob- jected even to the sight of the perpetrators of such. In the Infirmary I was not unhappy because of a poor maniac being an inmate; but, after 1 knew something else, the very place was loathsome; and, in my present room, even the neighbourhood of the satifte thing is sickening. Were magistrates to think of it, I doubt not but they would arrange it for the belter — arrange so that no eye should witness what ought, if possible, not even to be thought of for a moment. By a sim- ple, and not very costly alteration, the gentlemen who occupy the state apartments here could be protected from the sight of a dozen criminals ( x\xn in the tidjoiniiig passage. Tliis I should not go to Ihc cspeiiM «' '••' = ■ „ ,„^ „„ „,y ,„„„„,1 would be q."l" f"'"' ""■ ,""°„ " '' 'n,c berfy ol' a Brhii subjcn „,oans to .bo» ,.l .be 8° -"-J ' „„ ° f i„„ before that poia. i, SI™ , e a:^y ^ecedea. i„ ., c..e ^^^^'J- '-^lf::2 ""•' ^"i'rellr r'tS^'g'. I^llfo: orZ., ; a„„ ^ .esti,„on, citor. I have livui uic t, » ^ ^^^, ,^ ^^^^ ^o,^^. ■^Sn l":.beS :;SeS: :s'n"nd;,,,aa<, •.„» c„s,o„, la., .a.c> of the prison adinil of this. ^ ,, ^ ""'' ' '' ROBERT GOURLAY. To the Governor . ^^^^^.^^^^^ . ^ ^^^^ ^^^^^^^ . ^^^ ^^^.^ ,^^ ^,^;^ , .^ ^ ^34. No. 22. TO THE EDITOR OF THE MORNING HERALD. House of Correction, Cold-Bath-Fleids, July 9, 1824. I h.^^'never atlempled to give to li.e public any ac.^unt of tl.c ■ 1 Ln be Mad if YOU and others will give it a place tor a public Tptin ' The n oment was seated in Bow-street Otlice, after .ny ar- hearing. » »™ ^ ..^i frie,„js ; and some came to uie •''*' d^atev to Jvervdence^ '»"»• '' ^'^^ '^'-^'^ however, on retS;i:.'tiratX magistrate acted under higher autlu.rrty. Vfhlt T was doomed, at all events, to come here. Hie mdgis- ? 1e aid/n^^^^^^^^^ "-* day, if he and others were sufhci- P ?t^t fat sfied, but would condescend on no particular terms. De- J rmined not to fight fast and loose, I then let power have its swing hoTght noinore of bail ; and resolved, for a time to anmse n.ysel whh objects around me here. On Wednesday last ge tmg hold o He statiite referred to in my commitment, I found that .t admit ed of atl On Csday, I applied to the visiting magistrates for adv.ce: va * referred to the Committee in Bow-street, and, this day, some o n,v frTends attended there. There they were told that I could not bewailed unless Doctors Munro and Sir George Tulh.ll first v«ited gress, Tliis I shoulil imc. tore the Grand may be known this session, so 3enefit of gaol rotost not only I confiiicd, but :ruliny. 1 will )rinciijle that it ing my monied British subject ore. that point is ?r it to be truly an must j;ive in, lie aid of a soli- ul, in testimony 1(1 to you some :ustom and rules GOURLAY. f, Jh/j/ 17, 1824. :ALD. Is, July 9, \Q24, y aci'ount of the le columns of a d be insufficient Lo say so much, lace for a public ice, after my ar- lome came to uie ar, liowever, on iiigher authority, jre. The magis- tiers were suftici- ular terms. De- T have its swing; to amuse myself , getting hold of lat it admitted of Irates for advice: this day, some of that I could not ulhiil first visited XXXlll IMP, and reported that it was safe for me to go at large ; that, if I chose, these doctors would be ordered to visit me ; but that the ses- sions would sit on Monday, and that, on Tuesday, I should probably be liberated, for want of a prosecutor. While my friends were at Bow-street, I scrawled over a second letter to my daughters, as an intro- duction to a statement of occurrences, and shall here copy it, in order to let the public judge, while I am really detained in prison contrary to the statute, as to my sanity ; allowing me to say, before tiand, that tJie impassioned style is adopted, not from any fervour, but as suit- ing an occasion when right is denied and feeling '"s""^*)- „,, ^^ ^ ROBERT GOURLAY. LIFE TN LONDON. Having despatched a letter last week, giving assurance that I was perfectly well, in an interesting place, with many comforts, aiid little care;-a letter calculated to set you at case, as to my situation here, I might not again have thought of writing for a month, had not a visiting magistrate oftered me a frank.* The mere idea of commu- nicating with my daughters is consolatory ; and 1 now sit down to address you, though it is neither my intention nor my wish that you should see the whole of my letter: I neither desire to disturb your repose at present, nor to throw before you matter unsuitable to vour tender years, though it may be well that such should be regis- tered ; and though, at some future period, you may read with advan- tage and interest all that I write. It is the proud superiority ot man over other animals that be can record and make advantage ot it : that from records he can be acqualuled with what has passed, and, by them, hand down to posterity present experiences. It is thus that man, the weakest and most wretched of animals, when an mtant and a savage, growsjo maturity. It is thus that he has f' jady made pro- gress, and thus that we can enterlain rational hope of becoming My experiences at this moment are important, not only to me and my familVbut to the public at large. In my fate every individual has a vital interest : for no one can tell how soon his own may be similar. With my fate in view, no individual can step over his threshold, to perform the most trivial act, and feel secure of liberty and reputation. When he least suspects harm; when he is doing a deed of duty and honour: when he is serving, not only himself, but bis fellow men, he may be pounced upon by power, subjected to the scrutiny of doctors from Bedlam, and by fhem be undone. He may have been justly proud of his strength of mind : he may have honestly boasted that no pro- genitor of his was imbecile or mad : he may have safely sworn, that other men might join in bonds of relationship with his family, without live hazard of propagating fools and idiots ; but, in a moment, his best securities may be gone; his worthiest boast may be annihilaled ; • This first sentnice was part of n letter actually despatched to my .laughters Ihat Ua^ ill Piiiii/.ieslike. XXXIV and he, Willi his chiltlren, be degraded for ever. Thank God, my beloved daughters, there is not in Britain a family less tainted with insanity tlian ours: thank God, there is not an individual who has stood such tests as myself, and yet retained reason, and fortitude, and temper. Yes; it is fortunate for me, and for you, and for all, that I, on whom the contemptible urchins of arbitrary power have fastened their nauseous grasp,— I, on whom they have long gazed with the ejes of a basilisk — I, who, for fifteen years, have been marked out, because of my principles, for destruction :— oh ! it is happy for my family and my country that I can yet unloosen the hold— can flash back reproach on the guilty— can weather the storm of adversity, and ride triumphant on the frothy wave ; — that I can sit here, in the House of Correction, correcting iniquity still, — that I can be flung among filth, and yet not be polluted, — that 1 can mess among monsters, and yet remain clean, — that I can have the watches of the night interrupted with the madman's moans, and yet be cool and collected— yet hold my judgement entire ; — that I can pass the whole day among felons, and yet retain my integrity :— aye, even endure the world's dread laugh, and smile back, more in pity than in anger, on the failings of humanity: — that I can at once suflfer and do good to my fellow men, — at once give assurance of sanity and make you, who have my dearest regards— you, who have nothing but sound- ness of mind to depend upon — you, my dear girls, confident of hav- ing by inheritance, the richest treasure which a family can possess— you free and secure, while the fellows who, (or a fee, reported me of unsound mind, must fly into their own mad-houses from the world's reproach. [To be continued.] Sent to the Morning Herald, but not published. No, 2:J. LIFE IN LONDON. (continued.) Feeling being vented, I am now, seeing that this is not my cause alone, but the cause of the public, and of every individual, to record, in the order of lime, and circumslanlially, how I came here, and what have been my experiences within tlvese walls. Before the rising of Parliament, it appeared, from newspapers, that Sir Richard Birnie, the chief of Bow-street ofl^cers, had been watch- ing several days, no doubt, by order of some person in power, afraid of my escaping by a motion in the House, which had been antici- pated by the Courier, How it would have been, had I slunk off, as suggested, by a back door, and a boat ; or taken the advice of a member of parliament, and informed the Speaker, by letter, that I was willing to go away under the care of a friend, it is impossible exactly to determine. Of this, however, my dear girls may always be sure, that I never shall retreat like a coward, or sit down to write a verdict of lunacy against myself and my family. Power may pre- vail against me: I may be driven abroad by persecution ; be banished 1 ank God, my I tainted with idual who has uul fortitude, u, and for all, y power have fe long gazed rs, have been )n :— oh! it is t unloosen the ther the slorm i ; — that I can ily still, — that hat I can rneiss e the watches , and yet bo hat I can pass [y :— aye, even in pity than in I suifer and do nity and make ing hut sound- nfident of hav- can possess— eportod me of ini the woild'a hed. not my cause ;lual,to record, here, and what fwspapers, that ad been watch- n power, afraid ad been antici- I slunk off, as ic advice of a y letter, that I it is impossible rls may always : down to write 'ower may pre- n ; be banished XXXV liuk to Encland by blackguardism, and, for a piccadillo, be twice aJrested, and twice'imprisoned ; but, while able, shall protest aga.nst oppression, and laugh at the blackguards who resort to ,t. Had I retreated by water, the hue and cry, at all events, would have been raised • and. had I put myself under the protection of a friend the Zurd p?oce dings'^of the Collective and the doctors would have bee rat fied to my hurt. They, instead of me, would have tr.- umphed, and the consequences 'might, indeed, have been serious. Umighl afterwards havi been pleaded in courts of law, even by my friends, that I was unfit to conduct my private affairs, from uiisound- ,,ess of mind ; and that my friends should enjoi/ power, by sending ™ While^'tirking was reading his speech in the House of Lords I observed a person standing outside of my room door. Suspecting hrmlobe a police-officer. I showed myself that ^^^-f'^^l^y person sufficiently, and, being thus satisfied, he '^^''f-^^Z^^.t ignalgun announced that Parliament was prorogued. Mi. Bellaniy Sd the messengers, who had charge of me that their charge vvas a an end. and that [ was free to go away. He 'ad «Ppr..ed me, llu, first night of my confinement, that there would be £8 or £10 to pay, as fees^or breach of privilege ; and that his charges f«-;terta.„. ment were high ; but of these matters I then said nothing. Alter trquestionlf privilege was w-aved. and the doctors had formally V 'ite^d me, as a person on trial, 1 declared ^p'-f.^^'S :'^'';'^,j!^/ or fare: indeed, I invited a friend to partake with me, as a neces- sary part of my' state, and ordered a little wine, to drink the he ih of our /ricnrf., while the devil look the rest of our '•^'«''^,";- . .^^J^ confiiu-d two weeks to an hour ; never e.yoyed nor e«»»dj^«h to enjov better entertainment ; was charged f*;'' ""^>""S j,^"l^,7^^^^^^^^ a crown on coming off, to a discreel, good-hnmoured servant maul, to purchase a rihband, in memory of the occasion. You would observe, that the paper despatched »« >"» J.^," J House of Commons was gill. I had any T'««\'*y, -" ^^""^ . P» ^^^ those about you better than by l^^>"g '«7'' "[^^'f/, ^' "^^^^^^^ for. You would observe, too, that when 1 spoke of l>«'^^'^«f ;';»''' was not so much in contempt as fun. It .s a term ;» ^^^" "S ^t Stephens and the Colleetive that no one can be angry ^^' ' • «"d never was any thing so ridiculous as the.r attempt to P^^^ T '»; "^' -me, who hive seen and suffered more than some sco.es "HI em. I should have gone to Clifton-street ^>«'».J''^/r' " of .in e Ca' over Westminster-bridge ; but. knowing tha the f"*';^^;'"^^^,; not yet erne for home, and having seen »»'^P«\'^th.?T.h^^^^ behind me, as I came down stairs, 1 told my Irieud that 1 «» ""Id go by way of he Strand, and thus be longer ""^ "» '^tf* "«. a'ul near the point of turning from the Strand to Row-street, »l'« ^^I'^f • ^^,=^: pected. came along-side, slipped his arm ""der nunc, sad 1 was Ins prisoner, and on we walked to the public office without hailing 4 XXXVl monwnt. I did not even ask for a sight of liis warrant for arrest, thinking it could be read with greater ease within doors. Being seated In a little room adjoining the Court, I immediately wrote to three friends in the neighbourhood, acquainting them with my situa- tion. One was from home, another declined assistance, and a third came like lightning bringing with him two more for evidence and bail. It is worth something to be thus circumstanced, to try friends, and know the world aright. It is worth a great deal, fully to appre- ciate the force and feeling of the text, " I was in prison and ye visited me." Nothing is more heart-sinking than to be deserted in prison ; nothing more delightful and cheering than to be there visited by friends ; for these are friends indeed ! I have had experience, bitter and sweet, on both sides of the Atlantic ; and it will be ever the same. It is by such tests that I believe in the divinity of Scripture truths more than by miracles. At the examination, it was evident that the magistrate acted under instructions, and that my doom was fixed beforehand. When I put the important question to Sir George Tuthill, whether he believed it dangerous for me to be allowed to go abroad, the magistrate cut short the inquiry ; said it was his duty to commit me, and that I must, at any rate, be confined for that night. He further refused to let me see the warrant of arrest, though it lay on the table; and would not tell who was the prosecutor. He said he would give orders for my being treated like a gentleman in confiuement, ami that, next day, I might be liberated, if he and others thought my bail suHitient. None of the newspaper reports of the examination were perfectly correct ; yet I cannot help noticing how very important it is for the public to have these, even with their faults. Arbitrary power would speedily lord it over us but for exposure : nor can we have any clumce equal to that wliith arises from a c<)mpetiton among people whose bread depends upon public favour; and who, from their libe- ral education, must generally be desirous of doing llieir duly faith- fully. I shall copy from the Morning Chronirie and Morning Herald a question and answer, fur illustration. The C7ing any incoherent expres- jjjons]" — " Ves, you did make use of many incoherent expressions." — In the IJerald'it stood thus; " Was there any thing incoherent in my manner?" — Witness, " Certainly not." The «piestion is nearly correct in the Chronicle ; but the answer is quite the reverse ot truth. In the Herald, the word manner is substituted for the word lan- guage; or, at least, by omitting this, which distorts or weakens the question ; but the answer is correct. The answer of the Chronicle might be very i»ijurious to me, were a single individual to be my judge, and solely with that evidence : but the question could not be seriously agitated before the public without recurrence to more newspaper reports than one ; and the error of the Chronicle would be speedily corrected by perusing the Herald. About eleven o'clock at night (towards twelve), I was bronghfi to this place in a coach, with two i)olice-oflicers. Mr. Vickery, the Governor, said it was out of his power to make mc so com- fortable as he could wish that night; but, next day, 1 might have li ■ant for arrest, doors. Being ately wrote to with my situa- te, and a third • evidence and to try friends, fully to appre- I and ye visited rted ill prison ; lere visited by perience, bitter ever the same, cripture truths jte acted under . When I put • he believed it strate cut short hat I must, at \ised to let me and would not J orders for my jat, next day, I uriicient. were perfectly nt it is for the •y power would II wc liave any I among people from their libe- leir duty faitli- and Morning le Chronicle re- jheicnt expres- iit expressions." ig incoherent in ■stion is nearly •everse oi tnith. the word lan- or weakens the 4' the Chronicle idnal to be my >n could not be rcnce to more onicle would be XXXVll a room, with cnly a single person in company. He searched my pockets; took my razor and money into his keeping; (my little ivory-headed whip and penknife having been delivered up, a se- cond time, at Bow-street) ; and then conducted me through a long narrow passage, and up a lofty staircase, to the Infirmary, where one of eight stump-bedsteads was unoccupied, and ready for me. He cautioned me repeatedly to take care of my watch, and said I had better give it into his keeping, as, in that place, he could ensure nothing. Being an old traveller, I thought I could keep possession for myself; and the recorder of time is always so much for company. ^Neither the scene nor the circumstances gave me the slightest uneasiness. The bed-clothes were clean ; a lamp cast its glimmering light over the ghastly abode ; and down 1 lay, musing on the course of events — on my sudden transition from State- apartments, in the House of Commons, to the Infirmary of the House of Correction. , , • i What, my dear girls, could sustain my spirits, thus dealt with, and in such a situation, but a perfect conviction that I have acted right ? —and, let the world think as it may, in that conviction, I shall remain. '■ Next day, I found myself much better off than first appearances indi- cated ; and I resolved to have a week in the Infirmary, before shift- ing to better quarters, where I now am. As to bail, seeing myself ill the gripe of power, which could play fast and loose, I gave up all thoughts of it for the time ; and, indeed, enjoyed the novelties ' around me exceedingly. The Governor, from the beginning, was civil, and has become so, more and more ; while every other man with whom I have to do is studious to please and oblige me. I am treated here, besides, with unusual indulgencies. Be you, then, at ease, and I shall go on to amuse myself. Give kisses for me to Helen and Catharine ; and remember me affectionately to Oliver when you write-to him. I told you that I wished him to be a civil engineer ; that, some day or other, he may throw an iron bridge over Nia-rara river, just below where poor Nichol was killed. I wish to set before my son great and good objects for his ambition; and» both physicallv and morally, facilitating a free and friendly intercourse betweei Canada and the United States would be a noble work. Had I been by profession a chimney-sweeper, I would have elevated my boy's ideas by giving him a fancy for cleaning the vents of Vesuvius , ''"^^'"'- ROBERT GOURLAY. Misses Jean and Jessey Gourlay. Published in the Morning Herald, July 20, 1824. J I was brot)ghe Mr. Vickery, Mr. Go\ you in tha your supei long perioi required o I am most rest, and have ijecn illegally ti to be an il Chainna matter? Mr. Boi to oppose J bail. Chairmi I advise Mi • on the gr i niitted ; : I instantly i 4 his giving 1 Mr. Gi ^ gerous pn ; liberty, t( sent to be There is be detaini Chairm ' committe bail. Mr. Gi to suffer mised thi to know ' cstody. Chairm ask only, XXXIX the Court, and the bench and ten minutes or eir conversation iinds committed jtor ; a ciicum- ory of commit- orminatcd, Mr. tlie Governor of in good health, I written paper, :nmcnt of very led a succinct, as afl'i'Ctiiig Mr. I ; his examina- nagistrate; and uded by calling which he pro- mcr one which cannot possibly You were coin- s warrant, and )u make an ap- jn appears here tte to the Court rged, I am prc- )e fo kind ns to I suppose, you the solicitor to lis of the y\ct of th ; and it may should be now clause, which e warrant of a justice of the peace, on the ground of insanity, should remain in custody until they put in good and sufficient bail. Chairman. The Court, Mr. Gourlay, have the power to accept bail, if such is your application. Mr. Gourlay. I do not apply to put in bail. I novv stand here ready to lake my trial, if there is any charge against me, or any pro- ,^ secutor. Chairman. I tell you ,that if no one appears to prefer a charge against you, that you are entitled to your discharge from custody on putting iu , good and sufficient bail. Your committal I consider to be in the nature . of an execution; and therefore, you are not entitled to your discharge on a general gaol-delivery, as a matter of course. You arc committed under a particular act of parliament, the provisions of which must be complied with, and you must put in bail. Mr. Gourlay. Mr. Chairman, I beg leave, respectfully, to differ with you in that opinion ; though I must submit to what is the decision of your superior legal knowledge. I have remained in confinement a very long period, without an accuser, and I do not see how bail can now be required of me. My honour, Mr. Chairman, is deeply concerned, and I am most anxious to have a public trial, that I may set the matter at rest, and show the baseness and falsehood of the imputations which have been cast upon me. I have been most cruelly, and, I conceive, illegally treated, as the warrant upon which I was committed I believe to be an illegal instrument. Chairman. Mr. Holland, what course do you intend to take in this matter? Mr, Bolland, I have but one straight-forward course, and that is to oppose the discharge of that gentleman, unless he puts in good , bail. Chairman. I do not know what course to recommend ; but I would : advise Mr. Gourkiy to go before a judge, and apply for his discharge, i on the ground of the illegality of the warrant on which he was com- I niitted ; and, I am sure, if the warrant be illegal, the judge would • instantly set him at liberty, which I have not the power to do without his giving satisfactory bail. Mr. Gourlay. I should, in my person, be establishing a most dan- - gerous precedent, if I were, merely for the sake of my own personal liberty, to put in bail now. I would rather remain in prison than con- sent to be a party to such a gross violation of the liberty of the subject, i There is no charge against me that can be proved, and why should I be detained in custody ? Chairman. Under the act of parliament upon which you were ■ committed, I do not think I can discharge you without your giving bail. Mr. Gourlay. I have already most cruelly suffered, and I am ready to suffer more, rather than the rights of the public should be compro- mised through me. I should, as a matter of curiosity merely, be glad ; to know what bail is required by those who oppose my discharge out of cstody. Chairman. I should not call upon you for heavy bail ; but as you ask only, as you say, for the gratification of mere curiosity, what bail ■n xl would be accepted by the Court, I do not feel disposed to gratify your curiosity by mentioning any particular sum. It will be quite time «nough to state the sum when your sureties are in attendance. Mr. C. Phillips conversed with Mr. Gourlay, and strongly recom- mended him to put in bail, and obtain his liberty. He told him it was for the sake of his family and friends that he advised him to do so. Mr. Gourlay thanked Mr. Phillips for his kind advice and said, " no, sir, my mind is made up on the subject : 1 cannot do an act that may be conceived by any persons to be an admission of the truth of the impudent insinuations which have been made as to the state of my mind. I do not like to be considered an insane man. I will, however consider the course I ought to adopt. All I wish is that I may be brought to an open and fair trial ; and I woirfd cheerfully rest upon its issue. I wish to know, addressing himself to Mr. Holland, if the Se- cretary of State has any intention of becoming my prosecutor? Mr. Bolland. My instructions are contained in my brief- I only attend to see that the provisions of the act of parliament arc complied with. ' Chairman. You are only detained in custody till you put in bail I shall not object to take moderate bail, if you offer it. You are pro- ceeded against upon a statute, and the Court is bound to act according to Its enactments. ° Mr. Gourlarj (very warmly). J only want a fair trial : give me a fair trial On great agitation). I differ with you all in opinion; I differ with you entirely: I will not yield to such terms: I am ready to go back to prison rather than compromise myself. Chairman. I have nothing whatever to do with it : it is not in mv power to interfere; I repeat again that, as you were comn.ittcd under a particular statute, you must comply with the terms of it before you can be set at liberty. I am ready to accept your bail, and that is all the Court has the power of doincr for you tJ^^ ?ift;t ' 'T""\ '/"' J" '"''' ""^ P«'-'iH'"ent may be shown o me. (1 he act was handed to him, and he read it, and '". ^»« to make hc..„.A if ...-J r 11 . . . P^"*^*^ '"e most monstrous I ever heard ot, and I will not submit to it. Chairman. As you have asked what bail the Court will reciuire I deem Jt but fair to acquaint you, the Court will be tisfi d with yourself in the sum o £200. and two sureties in .£lOO each If vu have friends who will enter into that security, you may take your (1 to gratify your II be quite time lidunce. strongly recom- lie told him it ied liim to do so, B and said, " no, an act that may the truth of the the slate of my I will, however, 1 that I may be illy rest upon its land, if the Se- iecutor ? iy brief: I only Mit arc complied u put in bail, I You are pro- o act according : give me a fair m; I differ with ly to go back to it is not in my ommitted under )f it before you , and that is all may be shown d declared that, bscrved to Mr. ion of any per- ler that statute, him beyond all , to a judge for a B felt Cf>nfident man's liberty is ' braining redress justice (jf the :s, and to make anstrous I ever will require, I ^ satisfied with each. If you ^ iiiiy lake yr)ur Xli discharge instantly ; or, as this is tlie last day of the Session, you may take time to consider, and make the application to put in your bail on the adjournment day, which is next week. Mr. Gouilai). It is not at all probable I shall ask the fiivour of any one lo bail me. I am determined to weather it out, whatever may be ihe issue. Chairman. I can do no more for you. Mr. Gourlay then bowed to the Court, and returned, in the custody of the odicer, to the House of Correction. Extracted from the Morning Chronicle, Juli/ 2\, 1824. No. 25. The next piece of— what we hardly know oppression, or cruelty, which has been displayed is the case of Mr. Gourlay. Mr. Gourlay, at the suit of Government, has been committed lo Cold-Hath-Fields' ytrhon for being wad, which he is not. No man ever said Mr. Gourlay was mad till now : we have always opposed him while he was at liberty, because we dislike his political principles, and had enough evidence, ill his conduct in Canada, to pronounce him a troublesome person. At that time, nobody said he was mad— the opposition papers praised him to the skies; he was the theme for their essays— the burden of their songs; but now, not one of these worthies espouses his cause— not one of them utters a complaint at his present treatment. Mr. Gourlay hiis been sentenced to madness by Dr. Munro and Dr. Tulhill, and, therefore, he is to be confined in Cold-Bath-Fields' prison, until he comes to his senses again, or can find bail; and this we find is law, and that the Government can confine any man alleged to he mad in a similar manner— a fact of which we were certainly not previously aware; but what is the real meaning of the thing? Mr. Gourlay liorsewlHpped Mr. Brougham. In order to make the thing easy and favourable to thai honouiaide and learned gentleman, the opposition consent to abandon poor Gourlay to his fate; and, in order to show a spirit of liberality and conciliation, the Government, on the other hand, insist upon their right to incarcerate him. Mr. Gourlay has forwarded to us a memorial, addressed to the ma- gistrates, full of power and truth, but containing too much irrelevant matter, unci occupying too much space to be inserted here. We ask, lowever, in iiis words, " Why should he be twice putiishcd for the same (feme?" The House of Commons, as it became its dignity, inflicted a punishment, not for horsewhipping Mr. Brougham, but for creating a disturbance in the precincts of their Honourable House : while in con- finement iheic, Mr. Gourlay was visited by doctors from Bedlam, to ascertain whether he was mad, which no human being before ever had said he was. They report that he is mad, and hints arc given to him that he may walk out whenever he pleases. These he very pro- perly rejects, and stays in custody as long as the power which com- mitted hiin exists. He then is necessarily and legally discharged from ronfinement, and is walking quietly along the Strand, when he is again apprehended, and sent to Cold-Bath-Fields/or an assauU. The honour- able and learned gentleman, who must be the prosecutor, we suppose, xlii " '1 would iliiiiilio town, " Sufli imiiihcrs lo snul " To Cold-Jiatli-Fidds." Tliis would 1)0 vmu/i„g the liberty of the suhjcct in.le.«,I. Kxt ruv ltd fwii, John Ihtll, July '2:,, ]82l. No. SC. House .f Correction, Cold-lhlh-luUs, Jul,, W, , 824 iMv DEAR Daughters, rather iollow the ad.irp . '""^' /""'''""» "H experience, I uould /-:,o-, howler celebrated ""^^'"■' ^■""" ^''""^1. an .a,-/, than a Clcrkenwell, by ten o'c\lX , \ '^^^ ^^ ^ at that „e shoul7n , b b . d* t e d r i ^'''V ''''" '" ^^ ''-•-' -"' 'r.e that Air. Const, Cl'rnln,^- 1''^- • "^' "'^^ ''"'^^«' '"^'-'"ed a'wiagen,len.an_ar«rec net on snn •"'',"'"' "' ""^^ '' '''^^>^f be honest; which, my deT-'oi ."^t:,^ C^,''"^ ^«^^ grieved to sny, is not always^.l e c sT A fr ^'^/'»''T'"^ ' ""^ .no. fully venOed what wa sli o .'i.n a' 1 T ' '" '•^. ^"^"^t to retired from the bar; for, o„ niv f-.M, ' ""''. "'^^"^-^ ^ "'fcr he has a writer, after appremicerip L' ' ,;^," ''^''y' (-""- P^^ctised as eosay nothing oV\ny own JjaXnt^^^^ in.poss.Ie for any practitio,>er of itw to 'b , ,est 'TV '" .'^"^ mind ot /ftrrm* comes ami a„..o . 7 '""'est. tvil ,„io the ^oodsc,uM/erceive L » jfrf^ir^^^^^^^^ "'"^ "-^ "—Ives, as ever walked on earth, betook htmsn' ^'";^ ""^ ''''}''' «« P"'-^ « ^piri and with good prospect , cfuse I c . IT/"^ "• ''"^ '"'"'^ «* ''^^' noss and be an honist man Fo, a simi a' ro^"^ ""i"""' '''' ''""^"^•- back from being a writer to t sign rLrlT; / ^""\'" •'^^P^ -« Jaw from the lips of Professor Hume i^ ,^^7 "" *"' "* ^'"'''' t../t^-;ffS:;i::t'Thr:r;;;!;Sr'"'^'^'^ p-eedings be.>re add. A few more reports vAZ\ ,^ " ""r^^' ""'' '^"t 'it"e to his eyes, and look morrk^LintoT',"'' ?" '""'^'^ J"'"' «"» rub ' done.-hone.f, conceited J.?, /i''"'"'^"'^""'* 'han he has h„f,.r.. - > conceited John ! who, trom his cradle, has bav^' led "about J, the Goverijineni ipiit, bocause lieu E Were to visit tlic lliiT, uiul oxiTt the ft" Concction ul| ml well! uiiubic to CI I ill, Jii/j/ '2J, 1821. 'ls,Juli/ '23, 1824. an was expected; cert;! inly. Yes; /as, and ever will ago, a simiggler peiii'iico, luouid an car/, than a tnitie, tosay that tcs in session, at to be there; and "tlicrs, informed t once u lawyer ;entlenian should pearances, I am 1 hi.s conduct to I infer he has I he practised as in Edinburgh,) believe it to be " Evil into the liey themselves, as pure a spirit he prime of life, Lie his law-busi- ess, he kept nie rnuc/c of Scotch 'ceediiigs before nd but little to John Bull rub he has hi'her.'o s bawled about xliii liberty, and thought all was safe when the halieas corpus act was not suspended ! After being twice tried and honourably acquitted from false charges, in U|)per Canada, I was flung into gaol, un/•«-' iwn connected with tV.-that now my children and myself should have peace and prosperity— now, after fifteen years of persecution— now, after seven years of separation, we should be re-united and hapny as in times past. xAIy second letter was really hud before the Kin^-at least so he secretary of Mr. Peel informed me; ' but Mi. Peel himself said, in he House of Commons, on the 11th of June, that I had written a letter which no rational man would write. Mr. Peel, to whom I had always been respectful-Mr. Peel, of whom I had a good opinion-Mr Peel, who was once called by me " the best of the ministry."-Oh ! there |s something mysterious in it-something that wants air; so let me pull up my window and look for a while over the charming prospect, which from . i'^" Tl "■*'" "".'""^y the state-apartments here may enjoy prospect an. ivorthy of description. Would I had the descrmtive powers ofCal.banCobbettto do it justice! I shall try, poor as mini are found t"f''? be done without trial; and that the'p'ic'turcsquTis to be well to ?t y'1"fi r ? ""'?• ^'".'^ ^^""''' ^' '^"^*-"- Let me look rhildren. '" Hm epistle, and bid God bless all my dear „ „. , , KOBT. GOURLAY. / ubli!>hed mthc Morning Herald, July 26, 1824. been »rge III. You iburgh, the 1st a letter which (Appendix A, i Majesty from )pen(lix A, 8). might be laie . Pi'fcl wrote to il Department, Majesty would y, and at once :ond time, and jte my second drew her first get back to a ui ; I wrote in or of England, to the Pole ; I aid before His ving appended , and a sketch '. This letter t was read to illy expected, *s Confidence ; ined our cause t now, at last, ; royal favour, I, and anigra- !f should have )n — now, after py as in times ; — at least so imself said, in lad written a o whom I had opinion — Mr. "—Oh ! there so let me pull ospect, which e may enjoy y a delightful c descriptive • as mine are, Bsque is to be Let me look all mv dear ?RLAY. 1/1/ 26, 18C4. Xh No. 27. LIFE IN LONDON. House of Correction, Cold-Bath-Fields, London, July 27, 1824. \Vlien I last wrote to my four dear girls, under cover of a frank, each was addressed separately; now, you must be altogether in a bunch with our friends in Dumfrieshire ; and in a bunch you shall be addressed. Jeanie tells me, in her letter of the 2d inst. that she has been "already at the top of most of the bills round;" and Jessey speaks of the " many fine views." This gives double assurance that they are growing up daughters of " own dear papa," as each in turn has called me. Where're I roam, the tops of towers and hills have been my delight: from thence we can see things all at once, and form just conceptions: from thence we have wide and commanding prospects ; and, from such prospects, our every idea in life becomes liberal and enlarged. The first autumn after I studied in Edinbtirgh, your grandfather, in his goodness, sent me to the Highlands a grouse-shooting, with leave to sport on the Duke of Athol's estate, license from the King, horse, dog and gun. Truly, the grouse were right costly ; at least, ten guineas the brace, but withal not ruinous, for one brace and a half only were slain, after two weeks' sharp shooting ; which, by the way, should be some heartening to those who would meet me now-a-days. On a second campaign to the Highlands it was still worse, for I then bagged only a brace. The truth is, I used to scaniper lo the mountain-tops, gaze on the giant shadows which fleeted along their ample sides and brushed the blooming heather, more lo the heroic tune of Ossian than with bloody intent, i dare say, you can see Skiddaw, in Cumber- land, from some of your DumfMeshire-hills. It rises 3,300 feel above the level of the sea; and, just four-aud-lwenly years ago, I spent a night on its summit, all alone, to have the pleasuie of seeing from llience the sun set and ri-se again. My wishes were gratified, truly and literally, in a high stile ; while the full moon made it almost as light as day between times. It was quite a fairy scene, with the finest fairy light, and I yel see in imagination Derwent-water and another lake shining like mirrors far beneath me, with big bulging clouds floating half-way down, and beautifully illumined with Luna's rays. About one o'clock of the morning, I invoked witches, but none came, though called upon ; if not in the shape of curlews, which now and then approached me with a screech, and this has left behind no dread of witches. I wish you were here, Oliver and all, to sit with me in the balcony which is close by my room-door, and from which we could enjoy the charming picturesque scene spoien of in my last lo Jeanie and Jessey. The balcony admits only of four gentlemen sitting at ease in it; but I and my five younkers could pack together famously. There are four stale-rooms here, two above two, and each pair has a balcony. I lodge in one of the higher rooms, the best of the four; and il is xlvi really enchanting tc pop out, now and then, to refresh in the balcony, The rooms are 14 feet by 8i and lOj, from floor to ceiling : each has two large windows, looking to the norlli-west, so far as Hampslead and Highgate, with a fire-place in tiie corner, behind the door when it is open ; and, above the fire-place, are two shelves for my crockery, «)v:c. Three of the rooms accommodate one person each; and by act of par- liament, they say, no more should be put into Ihem, I, however, share with a fellow-prisoner; but, iis he is sensible and obliging, have no reason to complain. He has the worst of it; for, as I generally get up soon after four o'clock in the morning, his dreams are, of course, disturbed, even though I make as little noise as possible. In so small a room, with two beds, there cannot be much spare space, but there is enough for a table, two chairs, bason-stand, and trunk. Then, what want we more, my dear girls ? My c/m»i was incarcerated, eighteen months ago, for selling what are called blasphemous publications; but you must not, for ihat, think the vvo;se of him, seeing that Christ himself was accused of blas- phemy ; it is a scandal whicl| power, leagued with cowardice ami hypo- crisy, has ever resorted to ; and, it is to be hoped, that our gr)veiinnent will soon, even from good policy, take no further notice of it. It is necessary only to travel through the Unitec' Slates of America l(» be assured that neither religion nor government can suffer from any thing of the kind: there, no prosecution is ever instituted against blas- phemy or libel on government : there, the goverimient remains stead- fast, regardless of libel: there, religion is gaining ground, even with too rapid strides; and there, manners are becoming refined, to the shame and uprooting of blasphemy. Carlisle never could have made salt to his kail by the sale of blas|;.hemous publications but for the silly and vindictive prosecutions of him and his shopmen. My chum, who was one of them, seems sensible of this; and, for my part, lam at a l<;ss to decide belwetii Carlisle and his enemies: I wish him to gain the battle against persecution; but dislike flying in the face ol reli- gious feeling of any kind ; and would wish to see men come round gradually fiom one opiiiion lo another on the most important of all subjects. I wish the pot to boil, but not to boil over, and put out the fire, so as to slink us uut of the house with its frothy irruptions and its dirt. Mr. Tunbridge, for that is the name of my fellow-prisoner, was hired in as a warehouseman lo Mr. Carlisle, and did not expect to be made answerable for his em|)loyer's transactions in business. On trial, he behaved manfully : would not flinch from his principles ; and, for that reason, was sentenced to two years' confinement, with a fine of £100 to boot; while others, since convi;;ted, on the self-same charge, had only six months' imprisonment, a(,d are now at large. There is not a person in this house that does not speak well of Mr. Tunbridge ; but, so it is, that he is thus shut up from doing good to himself and his fellow men, in the prime of life, and with a fine to pay which he cannot possibly discharge by his own best efforts. What a wretched thing is persecution ! how unfeeling are men in power ! and how regardless is the multitude! persecution invariably pro- in the inverse ratio— more and more cruel, as^ it is more and jiapirs. cecds m iS in tlie balcony, ling : each has lampslcad and loor when it is crockery, <)v:c. by act of par- 1, however, obliginfj, have as I generally are, of course, . In so small iice, but there runk. Then, r selling wiiat not, for ihat, :cused of blas- iice and hypo- ur government ;e of it. It is America to be rom any thing against bias- remains slead- nd, even with etined, to the ild have made s but for the 1. My chum, ' part, I am at h him to gain e face of reli- I come round )ortant of all d put out the rruptiuns and [jrisoner, was expect to be ess. On trial, les ; and, for I'ith a fine of same charge, ;e. There is . Tunbridge ; himself and lo pay which i. What a 'n in power ! 'ariably pro- is more and xlvii more unjust. Ignorance is the grand pillar which supports it ; aud, verily, it has its reward. There are these poor benighted creatures of Upper Canada, whose own Representatives, freely chosen, extin- ijuislied the right of the people in that fine country to hold con- ventions from mere dread of my itifluence — me, who had the purest views, and the sincerest wishes for their welfare. While I was ill Connecticut, in 1B18, the constitution of that state was new-mo- delled by a convention, without the slightest bustle; and, in the same way, the State of New York has since had its constitution improved. Governments should be made like clocks, capable of being taken down, cleaned, and put up again, at pleasure, with ease and safety. Conventions should be chosen for this, and would be, but for "the madness of the people," which the bible speaks of. I cannot conceive what the blockheads would be at who run down the bible ; were it not the word of God, it would still be the politician's best manual: I never find it at fault; and, the more I read it, the more I discover, wonder, and admire. Can this be among "the principles^' which my/r/ewrf John Bull "dislikes?" He dislikes cant and hypocrisy: so do I. He laughs at humbug, and jeers at " more humbug :" Willi, well ; but what principles of mine does he dislike? If John is lionesf, he will tell; and you, my dear girls, shall then know with all my heart. Ueligion, in my humble opinion, should have nothing to do with politics; or, to please Mr. M'Culloch, call it political economy. Re- ligion should rest entirely between the individual aud his God, and should renounce conventions, not only as unnecessary but below its fiianily. Political economy regards those matters which connect man with man; and all men should meet in convention to order aright; for, if tile interests of all men are not taken care of by all, jointly and severally, some interests will preponderate and crush other some. Connecticut, the first of the United States which purified its constitu- tion, by means of a convention, gave woful proof of the mischief of mixing up religion with politics. During the late war between England and America, a parcel of hypocrites, significantly termed by Cobbelt, the Cossack priesthood, got together :he Hertford conven- tion, to thwart the measures of the federal government, and palsied the arm which, otherwise, would easily have taken Canada from Eng- land. It is well that it was so; for Jonathan was quite wrong in that aftair ; but no thanks are due to animals who are ever at war with nature and common sense. In the end, all will work together for good. In this case, Jonathan got a moral lesson : Canada remains, I hope, to be peopled with the redundant slock of England; and the Cossacks are no more in power, to direct the cabals of New England, keep alive blue laws in Connecticut, and disgrace true religion with cant and hypocrisy. A few days ago, I received, from Upper Canada, a packet of printed jiapi IS, which some stupid person had put into the Bristol post-office, instead of sending by coach : it thus cost me 7s. Gd. instead of Is. 6d.', but was worth all the money, inasmuch as the papers inform me of the mis-management of the Kingston Bank, and the blackguardism which has been going on in that most blackguard place. Had my measures x\ VIII been followed out, for wliicli I called, and held, the convention of Friends to Inquiry, Upper Canada would by this time have been the most flourishing spot on the habitable globe. Ti;t poor ignorant inha- bitants are now wrangling about the Union of the Canadas, when, in fact, these provinces should be confederated Vi'ith New Brunswick, Nova Scotia, Cape Breton, and Newfoundland, for general good, while each retained its local government, as is the case with the United States. I found it impossible to describe my beautiful view: went out to the balcony to sketch it for you with a pencil ; but, losing patience with my own clumsy efforts, sat down and wrote to three painters to come and try their hands at it. Should any one of these painters come to my aid, I may then, my dear girls, enclose a picture in n)y next sheet, which will at once instruct and charm you. Good night and joy. ROBT. GOURLAY. To Misses Jean, Janet, Helen, and Catherine Gourlay. Published in the Mornina; Herald, July 29, 1824. No. 2». LIFE IN LONDON. House of Correction, Cold-Bath-Fields, July 30,*1824. " You may call spirits from the vasty deep ; but, will they come when you call them 1" Truly, 1 doubt it : and I even doubt if any of my friends the painters will come. Twenty years ago, I proposed a public subscription for sending one of them to Italy ; but it was better ordered. Anolher was employed by me, three years ago, to sketch the most beautiful and sublime scene upon earth ; while I sug- gested that his son should go abroad, and bring home a picture of it for exhibition as a panorama. The third was, then, apprentice where I had plans drawn for settlement in the wilderness of Canada ; the most important object, though yet totally neglected, of political eco- nomy. On the evening of tlie balloon adjournment this young artist accosted me on Waterloo-bridge : 1 afterwards admired some pret- tily-ornamented plans in bis shop-window: called another day to have one of the village of Wily, to replace what was given to his Majesty; but my friend was from home; and here am I, shockingly in the want of a wisliing-cap. It would, I am convinced, pay to come here and take a sketch, — a sketch of the picturesque in London ; and, that being the best argument for comhig, I shall push on tlie speculation among the painters by enumerating objects lor the pencil. First, we have a bird's-eye view of a court-yard, 3« feet by 24, overhung by the balcony. It is wellpaved, and, being walled to great height, on three sides, makes good s'lift for a tennis-court. This was once the utmost range of prisoners in the state-apartments; but times are changed, and we are happily changed in them, having libera! egress from the court to the garden. How thankful would I have been even for a court, when closed up, during the stifling heat of the Canadian summer, within Niagara Jail, by a door 10 inches thick, while ujy friends, even lawyers and magistrates, were excluded tommg le convention of ne have been the or ignorant inha- inadas, when, in New Brunswick, •r jLjeneral good, with the United !w : went out to , Ktsing patience tliree painters to se painters come ;ture in n)y next d night and joy. GOURLAY. , ./u/y29, 1824. JmAi/ 30,*1824. will they come 11 doubt if any igo, I proposed ly ; but it was e years ago, to li ; while 1 sug- a picture of it )prenlice where •f Canada ; the >( political eco- lis young artist ed some pret- ber day to have his Majesty ; Jckingly in the y to come here don : and, that lie speculation cil. i(j feet by 24, ing walled to 1 tennis-court. ' c-aparlments ; them, having ikful would I L> stifling heat or 10 inches vere exchided xlix l»y orders of a saintly Governor, whose honourable and reverend coun- cillor and counsellor Is now at home ! How thankful for half of it would poor wretches have been who were ten times worse lodged than me, in that infernal Jail, so fair without, but, within, so horri- ble ! ! Talk of Missionary Smith !— talk of a weak and ephrnural enthusiast pining and perishing in a garret, after being condcinued to death on jury trial; and I will tell you of men who were *hi>l up for ten mouths //r/'<;»r trial ;— men found, at last, by jnrv trial, to be inno- cent! I will tell yon that these innocent men' I'lad', in Niagara Jail, holes to lodge in thus long before trial,— holes unfit for the habi- tation of swine, — i;oles which yon could not approach without risk of snffocation,-.holes from whirh I have seen the stoniest young men come forth pale, and feeble, and stag;/,., ing ! Yes, and when told of thi, think of me, your fitlier, a living witness,— me, who have lived out storms which would have sunk the f.-eble Missionary to Iho bottom ten times over— the n)ost drcadlnl storms of adversity and persecution ! — me, who have combatted even against a desire to die,— me, who lived in I.ondon, year after year, intinilely worse oil' than now, and intent only on getting a hearing frmu parliament on the monstrous abuses of Colonial (iovernmenl. — Think of me, having witnesses in town ready to jirove how lioiiiblv I was treated abroad and to substantiate the above averments: — think of a lawyer engaging to plead my cause, and that of the public, after liavnig my prayer worded to his liking !— Iliink of this lauyer keep- ing uj) ujy petition day after day, anil week after week, and montjj alter month, while I hung on in anxious solicitude ! —think of him detaining nie till the moment when ho|>e was wound up l;pi>es fiimiticiMu ;— think of hnn, set on with the popuhir howl, and pntfed u)i willi vanity, un- loosening his tongue against injustice, and tyranny, and fuurder, when he knew full well that it was all to no avail !*— think of him coming awake over a putrid carcase, to «leafen St. Stephen's and astound the inijlion, when she sacred tl.iims o4' the living were for- gotlrn !— think of him, after deserting duly,— alter betraying plighted faith, — after making shipwreck of the best oppoilnuity' for advancing reason, common sense, and utility ;— think of him, who had written on colonial policy, — him, who had talked of drops of blood, —bin), who had accused a minister of t< rgiversation, deserting the glorious cause of colonial ref<»rm, at a nioment the most in\iting, and, at last, pouring forth his strength for less than nothing aird vanity l\ ! — Oh! think of it, my youngest daughter, and answer this question from the shorter catechism, 'Mvhat does every sin deserve i" What ! if Westminster Divines tell you to say " God s wrath and curse?" where was the mighty harm in me, your father, inllicting, in a place where no riot could ensue, and when "breach of privilege was uiithought of, a gentle horsewhipping, in forma pauperis, anil, as a mere remembrancer, on a ranter about colonial policy — a lawyer, who would freeze the liquid and warm blood drops of kussia,--a thing which can only frighten with its noise and its oratory ? Ma ! ha ! ha ! Let me again look out of my window : let me* forget mankind, and feast my eyes on the beauties of the matcri.d world ! Let uu: h 1 go on to enumerate lliat the painters may have a projUable job, while I remain here, untried and imprisoned, after the last day of the gene- ral gaol delivery ! ! ! It is a fine evening; hut, at five o'clock of a sunny morning, the view from ray window is most fresh and enchanting. ROBERT G OUR LAY. Sent to the Morning Herald, hut not pnhlished. No. 2<;. CONFINKMENT OF MU. CiOUULAY. The case of this unfortunate person presents a monstrous anomaly. The charge upon which he was originally committed from How-street was not for an assault, but on the oaths ol' two eminent physicians, who swore to a belief of his imanity. !\Jr. Gourlay is, therefore, detained on the oath of two persons who believe him insane, and (as it is alleged) under the provision of a statute, which requires bail before he can be Jiberated !— Had for a madman !— what absurdity ! If iMr. Gourlay is not (W«;,Oi-w/f«/iA— a subject which we are not able to decide, who wdl become bail for his kee/iwg the peace f To require a lunatic to find bail on a charge of insanity is a more preposterous thing than to ask X Parkins to cease making liimself appear ridiculous. If Mr. Gourlay be unfit to have his liberty, let a proper mquny and investigation into his state of mind take place; but let not an Englishman, who, at present, (so far as leizal decision has gone,) has only been piove.i to possess extreme excitement and inita- t,o„_iet not, we say, any man be immured in a gaol unconstitution- ally and illegally. Extracted from the Siindny Monitor, August I, 1824. No. 30. LIFE IN LONDON. House of Correction, Cold-Bath-Fields, Juli/ SI, 1824, Tt was twenty minutes past four o'clock this morning before I star ed from bed. I lay awake half an hour, and we should not lay awake m the morning for a single instant. On that instant, perhaps, the fate of he day may turn ; and a hundred to one it will turn ou best o start within the instant. It would be well to adhere to John Wesley s rule and get up precisely at four, winter as well as summer. It was the making ct John and all his thriving methodists; -it wa the maknig of Howard, who, in this, followed his exan nle and, as with God nothing shall be impossible, it may be the n L ng of me. however hopeless, if I abide by it onward from the pre2 day. I rust you have not been forgetful of my injunctions two vears Tt' *7f " rh^' ",' "^'r' '^"^V"'-'*'- --t'-r ii fine Ziore bS! tin,; ,lH^^^';f"^b*^^"^«••g«tf"Uead over again my letter of that time, and rigidly observe its rules. I do not wish you to be me ho dists in all things, but n early rising you cannot be too method cal. Obey my orders m getting up, and go to bed when vo,. pi.. " fitabie job, while day of the gene- ly morning, the GOUIILAY. Ushed, jslrous anomaly, iioni How -St reel physicians, who fore, detained on (as it is alleged) jetbre he can bo Mr. Gourlay is to decide, who mily is a more making liimself is liberty, let a ake place ; but ;al decision has nent and irrita- uticonstilution* August I, 18'^4. July 31, 1824. ning before I siiould not lay itant, perhaps, ; will turn out idliere to Joiiu ell as summer. >dists;— it was iiis example ; )e the making n the present ons, two years before break- letter of that to be metho- )o methodical. ■ I • li While shaving at the window, I observed a small speck become light in the village of Hampstead : some minutes afterwards, another a little to the eastward appeared ; and, in five minutes more, a third was visible under Highgate hill : no doubt from the rising sun comin" in contact with window glass. By and by the specks brightened, and at last twinkled like fixed stars. You know, I suppose, ^hat planets do not twinkle. At five, the buildings of Gray's-lnn-Road got illu- mined, and some objects apj)eared beautifully gilded on one side, while the other was finely shaded off to the darkest hue.— Now, twenty minutes past five, a haze has obscured the distance; and even over our garden the air hangs heavily. It is ominous. The atmospheric oquilibrnini cannot be steady when such sudden changes take place: but, perhaps, the day may prove fine, for signs will fail. I should rather expect that it will turn out warm : too much so for those at work in the fields, but not for leaves and cars of corn. At this hour with sweet liberty, I would brush the dew from the grass, but "I cannot get out ! I cannot get out." When the clock strikes six, one of our night watchmen, of whom there are four in the garden and outer yards, who interchange situations hourly, discharges his blunder- bus, and immediately a bell is rung. Ten minutes or quarter of an hour later 1 hear noise within the prison, and presently all is bustle- unlocking and unbolting— creek-crank-clang. But what! has it taken an hour to write thus far? Oh, no :^ again and again I have looked out to mark changes of the sky, and to study the weath •, Happily, at this time of day, we do not get into brown-studies. Now the head is clear— the vapours are dispersed— the senses are wide awake and vigorous. Just now, my fellow-prisoner has come, alive, behind the skreen* so he may get up and dress while I sally forth into the garden. I have paced a dozen rounds and noted down distances. From the vestibule in the interior of the prison to the common garden, by a walk which leaves the Governor's garden to the right, fenced in with a hedge and pales, it is 1()0 paces. My widest circuit in the garden is 420 ; but 1 can make shorter rounds, leaving out one break of the garden, two breaks. Lake Ontario, the terrace-walk, and so forth. The terrace-walk runs along the north-west front of the prison, up* held and fenced by a privet-hedge. From this hedge to the garden- wall is 30 paces, and the wall runs from 18 to 24 feet in heiglit. It encloses, with the gardens and prison, various other buildings and yards, besides an encampment for vagrants. There are upwards of four acres of ground within the wall ; but, being against rule to go to the south side where the nymphs are encaged, I cannot say exactly how much more. An iron railing, 8 feet high, closes in the court, under the balcony, from the garden ; and a cast metal shaft, supported on two pillars, U feet high, passes through it longitudingly 4 feet within the rails! This shaft, which is jointed and moveable in sockets on top of the pillars, conveys the power obtained from the tread-wheel labour to he expended in turning round a machine which beats the wind; serving to regulate the motion of the tread-wheels, of which there are eight, in as many inner y-nrds, six moved bv men and two by lii women ; ;;ontraliiig a power allnjrcllier tMinal lo llial ol'-lO liorsos ; and winch, wluii Irrad-wIifi'I labonr is finally a|)pi(>vc(l of, will be p'nt lo some useful purpose. MeiinJinie, a sailor tasked Iu«e, has danmed his cjt'S and deel.iied he would think nothing of tluMvoik were he not aihoiiti'd uiili <;iindin^ the wind. From the balcony, beyond the wall, we overlook a tract of waste ground, so irr.'yular in its boundaiits, and Minounilcd by so slranRi; an assemblage of objects, that my powers of comparison are (uiite al sea m judging of its extent: il may be ten, or it may be twenty acre?. It is uneven in surface, and, in some parts b«)','!iY. t'arts are continually unl.Kulinf- rubbish here, and what is now'a hollow seems destined, ere long, to be level from side to side. This waste is to me a scene of continued amuseirent. All day Ion;,' it exhibits life and motion; but, tcward^ eveniuj:, when children are abroad, and partus ot men assend)le lo j>ay at quoits, and form the rins? for boxMig, It bccomi s e>pt cially iiiiercslnm. On Ihe east side, and but a little wav from our wall, is a "roup of aiicient buildmos, embracii.jr ;, Miiall i-anien and shaded wiTli trees which, till wiiinn Ihe la,l six years, sloo.l .luile alone. Theie is here a maiiulaclory for lilts and pots : two c.nies, like niass.h..nses, rise trom llie i-roup, and emit volumes of smoke, which, blown lo the west- »vaivious. I. I e ic co.i J-^'^'Hi.* nf, .here would be no .acrifite of any thing valuab e, but he coiili.uj be pulle vvouhl I) a health Coiiipar from a | nearly c either it empty h The i ceed wit may slai proud, t To Jam I You I You hav you did will pern il mu moved n to cast objects I children them bel It was w law, tlioi easy, cli't puldislie( suliicieiit doctor, I I have wish not public, cause I i niy heai points re the da^ c • After prcseiiitd now, alter polls tiu mu Ill il"-4()Iiorsos ; and )f, will be put lo , lias (liiitiiicd Ills Dik were ho not a tract of waste now a liolbiw 'Ibis waste is \ii it exiiibils life ire abroad, and rn I be rin;^ fur 1 1, is a "roup of tied with trees, I iieie is here lass-bouses, rise i«ri lo Ibe west- iti'iiess of Bai^. 1' distant. The nndary of tbese en-wall, finally beneatli Fleet- made by coii- 1 tbis direction. Viar's-Brid«,'eto I a towirig-palb ngton road and amniti/, it was my duty to cast away care to lighten my spirits — to fly to the embrace of objects most dear to my affection ; and seeing that these my innocent children must needs sulVer from the vile scandid, it was right to place them belore tlu; public, the more to abash my accusers and persecutors.' It was well fur a time to waive all consideration of the letter of the law, tlioiigh it wore but to lirite an t. he jr round. My letters, uniformly easy, clieerfui, and minutely coriect, were good diversion. Had you published all it would have been better; but there has been display suliicient, iind now that there remain in sight neither accuser nor raad- doclor, I am contented. 1 have never atten)pted to reason as to my confinement, because I wish not to trifle with a matter of such mighty consequence to the public. Ills not for want of bail that I rcimain here ; nor is it be- cause I am careless about liberty, God knows it is the very darling of my heart. Friends have called again and again, oflering bail, but points remain to be settled of greater moment, and here i shall wait, let the day of liberation be never so distant. ' AftPr cijiht iiiomtis furtlicr consid.Tallon, I drew out a petilioH, wllh plans, to be seii!t() K. Parliament, in ordt-r K. iiltrVe are i of treasona d law perse- table pursuit, re (iue to my g to me, and a prisoner of till things as nd by, make ijured, if it is c sake of the h to sit down yoiv obliged )UKLAY. Uigust, 1824. I condiicl ob- , a prisoner »lr. (jionrlay LMit, both in iiisultoil the stitutions of ipors, which I liis praise : Ihe violence Mr. Gourlay ? — He was ii riot in the the di<;nity larged, what on his way is.sault, pre- idncss, pre- se rarelv, if ;har;j;es Mr. Brougham, ), or go to 10 refuse to f is aent to liament, in s now, and E and The ini in toto, y pfrsecute 4r. Canning ut of it. — » 20, 1024. U ^o. 33. Mr. Gourlay's letters are too long for insertion. He is still in Cold-Bath-Fields prison : htill rationally vindicates Iiis conduct to- wards Brougham: says that we injure him by saying he insulted the Lord Chancellor, and expresses liis belief that the editors of the whig papers have nol ill used liini ; but are the best and itVidest persons alive. If Mr. Gourlay persists upon this topic, we shall begin to think he ought to be shut up in right earnest. Extracted from the John Hull, October 3, 1B24. No. 34. TO THE EDITOR OF THE TIMES. Home of Correction, Cold-Bath-Fields, October 10, 1824. Sir, It has been staled in your paper, and thence copied into others, that I had relinquished my room hcio to Mr. Fauntleroy, and re- ceived compensation for doing so, which is altogether untrue. I hiid quitted the room now occupied by Mr. Fauntleroy several weeks before he came here : liaving choice of my present room, which then became vacant. How is it that yon, on five occasions out of six, when character was at stake, have spoken of me to mis- represent and h this, then, and let us be quits. IIOBEIIT GOURLAY. Published in the Times. No. 35. This particular address is to the soldiers; and, when we say any thing about it, we are told that Mr. Hale is mad : so was Hatfield, so was Margaret Nicholson ; but was the pistol of the one or the poignard of the other less dangerous on that account? The man may be mad ; but what has his personal madness to do with his tracts? The style is not half so furious or inflated as the methodist tracts, which are' so widely and eflectually disseminated. — If a madman be mischievous, he is coerced, for the safety of his fellow-creatures. We confess we think Mr. Hale's tracts highly mischievous; and, really, while Mr. (lourlay is incarcerated in Cold-Batb-Fields, on a plea of insanity, bee I use he horsewhipped Lawyer Brougham, we can see no objection against ado|)ting a similar mode of treatment towards one whose alleged madness has for its object something much more important than whipping a whig. Extracted from John Bull, November 28, 1824. No. 36". >Ve are requested to state that, in the case of Hale, the disseminator of treasonable tracts, his Majesty's Government refused to prosecute; ,d inf«»rrne(l the nnifiis tvi trafos of Woolwitli ilmt «lu'y miglit pn-lVr a and inKiT.." , . • . i • bill of indictment, if they plcnscl, nt their own oxpcMisc, n.',«inst him; but ihal Iho Government would not intpi fore It is mdecl, curious l<. see that a libeller of his kinjr, and di.>eminulor of sedit.nn c^cap^-s impris..nment, on the S'-om.d of in.-.iu.i.y. while Mr. Gourlay, I he horso-whipper of Rroughain, is kept in p.'iol h.'cause he is mad. We iTiHv solve this apparent myslery one ot ilicsp &.\ys. may 8' ivc 1 1 ; jj^/,,,,,,,/ /j,;//.- the John Bull, Da: .5. I S'?4, No. 37. THE lIKf.I.S. To the Editor of the Tinas. House of Correction, ('old-Hath-FuUh, Aovembcr 27, U52]. ^'"' 11' .-I There has hilelv appc'ri''' in newspapers and elscwiiere. an arliclo headed as ahove. and peculiar ciic..n.>|an( es have led me to renect ffravelv on the suhjecl. Soon after l.eing sent here, I was lod,i.M-.l in a room adjoining three others. hoI,lii,f>- as many prisoners, found Ruilly, nearly two years ago. of being concerned with gamlding- '°i*Mn tlie world we slu/uld not " dull the |>alm with entertain- ment of earh new-hatche.l. unfledged comrade," mudi less ought we to do so ill such a phiee as this. No effort was mad.- by me or my fenow-prisoners to become ac(|u;iiuled with each other ; but unavoid- able meetings and common courtesies led to it ; ami after a lew weeks, I found much pleasuie in their conversation. 1 found all of them Intelli-ent and gentlemanlv ; nay, after months of intimacy with my nearest neighbour. I can freely say that 1 have seldom met with any one more estimable. He, indeed, had nothing to.lowith gambling risks: he was employed by one of the others, willi a salary (.1 six pounds a week, to overlook the play-table, and see that there was no impro- per conduct or unfairness. His evenings only being required for this, ft interfered not with his chief business; and, seeing that the laws aoainst gambling-houses had not only been suffered to sleep, but that the greatest men of the land frequented them, he could neither imagine harm nor suspect danger. Last summer, 1 read in The Times a most virulent philippic against gambling-houses ; and. prejudice being strong on the same side, such articles pass unexamined, and. generally, approved. At an early pe- riod of life. I myself viewed every thing a-kin to gambling with detestation: used to reflect on the choice of a notorious ga«ibler to represent, in parliament, my native county ; and would not even receive as a gift, a share of a lottery-ticket. So far as it concerns myself, I remain strait-laced in these matters ; but now forbear being censorious, and would, most assuredly, vote for the free toleration of gambling-houses— call them hells if you will. What is the state of man and the world ? Have we ever, or any where, found that the pur- pose of nature is to «iakc us perfeetly secure and happy ?— Does not religion, experience, all times, and all circumstances, afford proof iglit prefer » n^<,nii)!it liim ; (I, ciirimis t(i linll, CSCHpfS [Joiiilay, I lie is mail. We Dec. !), I8'?4. xr'n. 1024. re, i\n iirlicio nif to icrtect V iis li)(li!i-(l in liners, fiiitiKi til i^uniltling- lli entertain- less oiifilil we l»y nie or my luit niuivoid- a lew weeks, all of them laey with my t willi any one Mil)liii<{ risks : it' six pounds vas no impro- lired for this, hat the htws u sleep, but could neither Hippie against nie tide, such t an early pc- ambling with IS gambler to uld not even as it concerns forbear being > toleration ot s the state of 1 that the pur- \' 1 — Does not , afford proof Ivii that we are placed here to struggle not only against the passions of our fellow-men but our own ? Does not all around us induce be- lief that action is essential to happiness, — that tliere nnist be scope for adventure, incitement to exertion, trial, and temptation? This allowed, I would ask, where is the difference between .sjx'culatiiig in file funds and speculating at play ? between the man who niakes iiioiiry by watching the market and him who watches the turn of it card ? between the man w hose passions are inflamed amidst bustle, and slang, and vulgarity, and him who is led into temptation, wiierc polish is essenlialand politeness indispensable? — Set aside fraud, and, so far as the individual is concerned, most assuredly the hells of St. James's Slreet are more respectable than the recesses of 'Change- alley. In either, all that law should provide is a strict guard against dishonesty. If it is said that allurements are greater in the one than the other, I say it is much belter for the purposes of life -for circu- lating money — tliarpening wit -raising up wise men and lowering fools. If pity points to a gambler's ruined family, and tlu-nce would plead for the suppression of gambling-houses, 1 would say that such occurrences are highly beneticial : I would maintain that a sudden hment under it. One «)f the prisoners above-menlioned kept a gambling-house : one merely let out his house for that purpose ; and the third was employed as particularly spoken of above. The iirst, being consi- dered a wealthy man, was sentenced to pay a tine of £500t), after bodily conlinement of twelve months : the second, to pay £500, after eighteen months' imprisonment; and the last, £200, after two years of corporal durance ; — all in the direct inverse ratio of merit from Hie beginning ; but mark the end. He who was most culpable, hav- ing friends at court, was liberated, some mouths ago, without paying a farthing. He who stood next him in blame has paid the bodily penalty, but still pines in prison for want of suflicient interest ; and lie who is blameless at heart, must remain here still, three months, separated from his wife, now sufl'eiing from disease; and then be at the mercy of the Home Secretary as to the payment of his line. Coming from one accused oi' madness, Ibis may excite little atten- tion; but, i hope, it may stir up the wise to give it higher colouring, and to exert themselves in behalf of liberality, truth, and justice. ROBERT GOURLAY. Published in The Times, December 9, 1824. Iviii No. 38. Mil. (K)URLAV. We have been accusorl, at various times, of blind political partiality, and a determination to land our friends, at all events, at the expense of justice and the other ])arty; biii, we believe, it is admitted that, whenever we have thought we could see the humble oppressed, or the weak tyrannized over, we have never allowed political feeling to inter- fere, nor flinched from the attempt to put the matter in a proper light, and, at all events, fair point of view. We are led into this short display of egotism in order to account for the publication of the following petition to the Lord Chancellor (see Appendix, A 19), which Mr. Gourlay sends us, as he says, " merely to imnress upon our minds a just sense of the cruel situation in which lie is placed." We have more inducements than one to give publicity to this docu- ment, which, admitting it to be cx-piirtc statement, contains, at all events, some stu!)born facts. In the first place, Mr. Gourlay has excluded all extraneous matter, and confined himself strictly to the points of Ills case; an'd, therefore, as matter of justice to an oppressed man, under am/ circumstances, we arc led to publish it. In the second jdace, we consider it so complete a refutation of the charge nf insaniti/, upon whiih Mr. Gourlay has been confined in the House of Correction ever since the rising of parliament last summer, just previous to which he caned Mr. Bruugliam, that it seems doubly an act jf justice to an oj)pressed man, in hisyardcular circumstances. We ha\e no doubt that those who choose to cavil at every thing we do will ascribe our interest in Mr. Gourlay to our distasie to the Duke of Somerset ; but we repel the charge by anticipation. All whigs are, more or iess, tyrants in domestic life ; a"^n(l all democrats are the highest possible aristocrats in their private and personal dealings. We are, therefore, neither surprised nor moved by the following details ; but we cannot help thinking Mr. Gourlay's case a hard one; and, so thinking, we feel no scruple in saying so. Extracted J'rom the John BvH, Dec. IQ, I82i^. No. 3.9. We have, for some time, felt inclined to recall public attention to the extraordinary case of Mr. Gourlay, who, it maybe remembered, was, for an alleged attack upon Mr. Brougham, in the lobby of the PJouse of Commons, committed, by the House, to the custody of the Serjeant-at-Arms ; and no further proceedings directed to be taken by the House, Mr. Gourlay was, at its prorogation, discharged. He was, however, immediately after, apprehended, on his way through the Strand, by a magistrate's uairnnt, beioic whom he was brought, and has, we believv, ever since, been confined in the Cold-Bath-Fieids prison, for want ot bail; and, to jnstily which detention, certain medical ceitili- cates were proiiuced of the unsound slate of Mr. Gourlay's mind. The IX ical partiality, the expense ot idniiUcd tiiat, )ressed, or tlio 5eling to inter- • in a proper o account for 'hancellor (see ays, " merely ilion in wliicli to this (locu- intains, at all Gonrlay has strictly to the t an oppressed 1m the second 'gc of insuniti), of Correction /ious to which justice to ail k'ery thing wi- listasie to the :ipation. All democrats are mal dealinfjs. owing details J one ; and, so >c. 12, 1824. : attention to remembered, lobby of the ustody of the [) be taken by 'A. IJe was, ,h the Strand, and has, we s prison, for ■dical ceitili- mind. The subject is one which concerns every body. Of l\Ir. Gourlay, and the particular circumstances connected with his case and history, we have no other knowledge than the rest of the world; but we feelth.it his situation may be that of every man, and, therefore, it i? fit that it should be seen how far his detention, in the way in which it has been adopted, can be justifiable. We presunie that jNlr. Gourlay is detained on one of two grounds, — either for the supposed assault on Mr. Brougham, or as a person uftfit to be at hirge. The first of these, we take it, is not now tenable for an instant. Either the House of Commons should have gone on with the matter, if they deemed it a tit subject to proceed with, or Mr. Brougham should have had recourse to the ordinary tribunals for redress. Neither of these courses having been taken ; we conclude there is an end of the assault. At the same time, it is difficult to sepa- rate it altogether from the other ground — that is, Mr. Gourlay's unfitness to be at large, as that would not have been questioned, had it not been for his alleged violence towards the learned member. We never yet heard of insanity being a bailable offence. Insanity is a disease, and should be treated as such ; but then the Idw of the land, we believe, reijuires that it should be made appear somewhat more clearly than it seems to have been done in this case before a sentence of perpetual imprisonment (which this, in fact, amounts to,) can be pronounced against any man, and that by a single magistrate ! — Why is not Mr. Gourlay indicted ? Why are not articles of the peace preferred against him ? on either of which occasions he would be heard ; or, lastly, why, if there are any grounds for it, is not a commission of lunacy resorted to, which it would be necessary to establish to the satisfaction of a jury, before his deprivation of liberty could be continued ? We say this under a strong persuasion that there is little or nothing more in Mr. Gourlay's mental state than that degree of eccentricity to which the minds of all men are, more or less, subject, especially those who, like this gentleman, may have had to encounter the cares and anxieties of the world in a larger share than the generality. \n every point of view, his situation must be considered an extraordinary one, and one to which, as a precedent, it is impossible to look without some degree of alarm. We did not mean to notice this as a political subject; nor shall we, therefore, be tempted to say more of it, in that respect, than this, — that Mr. Gourlay, we believe, is a person whose political opinions have been somewhat free — that he has been engaged, first, in a ruinous specula- tion, and then in a still more ruinous litigation with a whig lord, and now owes his incarceration to his quarrel with a whig leader. To most persons, there may seem to be nothing in this, nor, perhaps, is there. To us, however, it appears to throw a gleam of light over a higher species of humbug than we arc often doomed to deal with ; — we mean the humbug oi movk-patriotism. At any rate, it would seem that loss of property and of liberty is all that Mr. Gourlay has got from the whigs for his whiggery. Extracted from the Morning Herald, Dec. 15, 1821. Ix No. 40. MR. GOURLAY. If Mr. Gourlay is not insane, he is one of those Pf ^""^^^'y ^f "^ live persons uhose nervous economy .s so .rr.fablo «^ »« •";";.^ '' « suspcion, if not the proof, of madness. It appears Mr. Gou. a^ hoLht that onr paragraph in last Sunday's .journal deserved hs reprehension, and the letler (which, in justice to hnn. uc here publish) was sent to us. TO THE KDITOB OF THK SUNDAY MONITOR. House of Correction, Cold-Bath-Fields, December 14, 1824. Your las't paper has been handed to n.e, from vvlmh I pive the fol- Umins extract. "Mr. Cioi^laif (who is now conjined in Cold-hatti- Fieldl for madness) has tcriiten a leller to the puhbc papers defending gambling;, and the Hells. We thmk this wdl not tend to remove (he txistins; suspicion of his condition. These words have been pointed out to several ot your constant readers, as well as others, who express but one opinion, that they are spiteful. I mvself have made light of my treatment to keep up my spirits, and abash mv persecutors; but, when any one else does so, he must be suspected eillier as a hired slanderer or natural y mali- cious. If vou wrote fmm mere lhou^l:llessness, it will do well to re- publish mv letter fsom the Times of the 9th inst. and let your readers judge fairly betwixt us ; and, if you have desire to do me lull justice, yon will copv out for them a petition of mine which was jrratuilously and generously published in the John Bull, of Sunday last. In^this place, I am not oidy .guarding the remnant of my private property from wreck, but a.n wailing patiently till parliament assen>bles, to review a statute, under colour of which any British subject may be incarcerated, blasted in reputation, and mined, whenever it suits the caprice of an offended minister. So placed, I cannot think that the British press should treat me with indifterence, and far less with '*''"*^' ROBT. GOIJULAY. We would willingly obey the directions of Mr. Gourlay in re-pub- lishing his letter to '/At Times, upon which we made the unfortunate comment, if we had not a«luty to perform to our uaders, as well as a wish to oblige Mr. G. ; and we are certain if such letter is referred to, it will not strengthen the opinion that the writer is a whit more sane than we wish to think him. or induce us to change the opinion expressed in our last. We arc of a notion that few, if any, men ot sound intellect will be found to contend that the hells, or hazard tables, at the west end of the town, are to be defended ; or, at all events, if such singular persons are to be found, they must be emi- nently eccentric. Mr. Gourlay should learn to express hiiiiselt dif- ferently, and to tliink that every body does not view his opinion in the same inanner as himself; not that i"t follows such difference of vision i must be alt( « luitcus insc generosity c to destroy 1 3 sidious effe( of his mind ■jbout him, Mr. Brougl We feel 1 that senlim : ago. If h< ■ expect that like to knc i. and by wlr. ' must be gi' lie is of sai ; way, he is i There hi the confine nor reality : the inomei ■ up to the I ot the lloi :. by order o { mouy of ; insane. ^ j as prosecu ;; Tiu law i bill! at the ! mittiiigju ; Chancello but reasor { find some I practical I when ther I a party to i niitted, an 4 pliauce as 'Tis Ih resouiidei when the uliarly sensi- incur ail llie VIr. Gouilay clesorvod his here publish) ber 11, 1824. give the fol- i Cold- Bath- ihlic papers, oHl not tend ,oiir constant that they are ) keep up rny else does so, aturally Diali- do well lo re- t your readers le full justice, IS jiratuilously last. lu^this ivate property assen'bles, to ubject may be cr it suits the think that the I far less with iOlJULAY. rlay in re-pub- lie unfortunate rs, as well as a tor is referred is a whit more lire the opinion if any, men of LLS, or hazard led ; or, at all / must he emi- s» himself dif- \ opinion in the !rencc of vision Ixi I must be attended with "spite and malice." With respect to the gra- 1 luUcus insertion of a long petition of Mr. G's. in the John Bull, the - generosity of which he is so enamoured with, we would hardly wish to destroy his illusion ; but, as the assertion was meant to have an m- idious effect, we must tell Mr. G. that it is a proof of the weakness of his mind, at all events, if he thinks the Bull people care any thing .bout him, or his petition, only as it served their purpose against ^ We' feef that' Mr. Gouilay is treated inhumanly and illegally, and ,hat sentiment we expressed unequivocally in our journal four months ao. If he be sane, it was worse than farcical to ask h.in for (or o exuect that he would find) bail for his good behaviour. We should Se to know under what statute Mr. Gour ay has been committed \ „d by what law he is detained in prison. It he be ii^ane. other prooft ^ „.ust be given, and then a gaol is not a fit place for his recepUon If he is of sane u.ind, his 'ete.ition is equally illegal and more. Either ' way, he is unjustly treated. r. i m -mnt ' ^ Published in the Sunday Monitor, December 19, 1824. No. 41. There has been a statement iu one of the morning papers attributing the confinement of Mr. Gourlay to Mr. Brougham. Ne.ther m form nor reality has Mr. Brougham any thing to do with die ma Iter. From ,he mon.ent Mr. Gourlay was appreheu.led by the officers o he House up to the prorogation oi parliament, he was m the hands ot the officer ot the lloise ot' Commoxs. After the prorogation he was apprehended by order of the Solicitor of tlie Treasury, and committed on the testi- nL.y of two physicians, as a dangerous person, suspected of being insane. Mr. Brougham had nodiing to do with the proceeding, either " ^i;r Kw i:,"h:rr;:ion so committed shaH be discharged, on giving iKul at the Q.ar.or Sessions, or before two justices, ol whom the corn- mi ti..r justice shall be one, or before one of the judges, orihe Lord ChancelOr This bail Mr. Gourlay has not given. It certainly seems but reasonable that a p.-son committed under such circumstances should find some one answerable for his peaceable '^'^l]^Z\J.^T:ifr practical purposes, the question ot samty might be set aside, for E her^ is no question is to sanity, and where security is required of a m ty to keep the peace, and he fails lo gue that security, he is com- JnJ, and his discharge or confinement depends upon the same com- nliance as that required ot Mr. Gourlay. Extracted J rovi the Globe and Traveller, Dec. '21, 1824. No. 42. THE LAST DAY. House of Correction, Cold-Bath-Fields, December 31, 1824. 'Tis the last day of the year ;-that day on which my father's house resounded ^*ithjoy: when it was crowded «'*"•« »»7,\^"^ /"f"«v when the youngest up to the oldest strove who shouW be most g.y Ixii and jocular. Then, llie parlour, and the nursery, and Ihe kitchen had each its visit of the vdhige-fiddler, as/oo as a fiddler should be ;--a3 /ooasto fiddle/M* weel. Then the story, and the song, and the uierry dance were continued till the infant year was ushered in mobt jovially. Then, the table linked round by arms across, and hands knit fast losether. was in a roar with the well-icnic-nibered chorus, " Weel may we a' be ;— ill may ^Jfe never see ; " God save tlie king, and iJiis company." Twenty years— thirty years— forty years ago, it was ever the same with me, the young laird in these our dajt days ; but how changed are limes, and we in them! In my father's house, "the voice of the people is heard no more ;" while 1 may, in earnest, repeat the lament of Tasso, — " Long years ! — It tries tlie thrilling frame to bear " Long years of outrage, calumny, and wrong, " Imputed madness— prison'd solitude." "Thisis the state of man ;" but should he, therefore, say, with the fool, in his heart, '' there is no God?" quite otherwise. It is the very proof that a superior intelligence exists. Yes; there is a mighty maze, but not without a plan — a God unseen — a Providence, however in- comprehensible — a Maker and Preserver, to be adored by humanity. Yes ; though in body mortal, I shall continue steadfast in the faith of immortality. Let every man, in charity, have his opinion ; but mine be this, that there is an eternity of bliss beyond the grave for good- ness, and justice, and truth. IIOBT. GOUIILAY. Published in the Devizes Gazette, and the Fife Herald. only vitull subject. May 1. 1 form of a p scribe, ics I have I i'aniiiy liav chancery-s vexed six ation. While 1 shire, withi alone. I U|)per Cat children v still, by a decision o! alleged of cominittoc a hearing No. 1.3. Mil. GOUIILAY. We understand that it is the intention of this gentleman, as soon as circumstimces permit, to resume his coimexion with the agricultural world, by entering into business as a /rt«(/-r/^i7;^ From this it may be inferred that Mr. Gourlay expects to be set at liberty, probably, on the meeting of parliament. His detention certainly appears to be unjusti- fiable on the ground of insanity ; for, though there are some peculiari- ties about Mr. G. resulting from an honest warmth of feeling, yet we believe him to be quite as good and as rational as any of those con- cerned in keeping him within the walls of Cold-Bath-Fields prison. Extracted from the Farmers' Journal, January 3, 1825. No. 44. TO THE EDITOR OF THE EXAMINER. House of Correction, Cold-Bath-Fields, April 15, 1825. Siu, Mr. Stuart VVortley will, I hope, present, for me, to parliament, next week, a petition for inquiry into my case ; but, unless backed by the public, there will Le but little chance of a fair and full hearing; not Ixiii only vitally inipovtanl to me, but of consequence to every BritisJj subject. May I. therefore, beg of you to publish this letter, and the subjoined /om of a petition, submitted as one which any person may safely sub- scribe, resting merely on a belief of my assertions. I have been persecuted for fifteen years, and reckon that I and my family have lost thereby not less than efSO.OOO. I was involved in a chancery-suit five years, gained all my points at law, and was then vext'd six years more with an appeal, which had no object but vex- ation. , . While I was abroad, my wife was frightened out of my tarm, in Wilt- shire,wilhout compensation, and o£'lO,000 has been lost by that concern alone. 1 was, after two honourable acquittals from false charges, in Ul)per CanaclH, cruelly imprisoned and banished. A provii>ion for my children was withheld upwards of four years by litigation, and is so still, by a conspiracy of lawyers, though my right is confirmed by a decision of the Mouse of Lords. On a second arrest, for the same alleged offence, which could answer no purpose but revenge, I was committed to this house, and kept on felon's fare. Finally, I am denied a hearing from the King, by the same minister who thrust me into prison. Wiiile all this has happened, with misery unspeakable till hardened- with endurance, I challenge the severest scrutiny into my conduct and principles. For twenty-tour years my thoughts have been devoted to the study of the poor-law system, and, for the last eight, to that of emigration, in connexion therewith. To recover my property, to re- join'^my children, from whom I have been separated eight years, or to sot about any regular pursuit in life, is impossible, without parlia- mentary incjuiry, prayed for in vain during five sessions. NVith this I cannot only obtain relief in my private affairs but submit simple and practicable plans for the reform of the poor-law system and emigration, objects of the weightiest import at the present moment. I never was, and never will be, connected with party: am neither tory, whig, nor radical; but, should the public and the press afford aid, 1 shall either prove myself an useful, honest man, or quietly sit down for ever, as a vain, trouiilesome, and empty fool. A public subscription was sot on foot for me in 182':', which I declined, while my honour was held in cpicstion ; but, were the public to support me through difficulties, most cheerfully should I submit to be advised or assisted. " • ROBERT GOURLAY. FORM 01' PETITION. To the Ilonovrahlc the Cummnvs of the United Kingdom of Great Britain and Ireland in Parliament assembled. The Petition of the undersigned Ir.habitants of the Parish of , Humbly Siikwetit, That your petitioners have heard that Robert Gourlay, a British subject, has been deprived of his property in England, by a long-con- tinued and vexatious suit in Chancery ;— that he has been unconstitu- Ixiv tionully banished from his property and friends in Canada, after Uvo honourable acquittals from false charges ;- that he has been, for five years, unjustly deprived of provision for his children by liti{;:ition, and IS still deprived of the same, though secured by decision of the House of Lords ;-that he has often, but without success, petitioned the king and parliament for inquiry into his case ;— and that he is now conhned in the House of Correction, Cold-Bath-Fields, without the beneht of trial, and because he will not give bail, according to a statute which, wouhl fix a taint of insanity on himself and his family. Your petitioners, theicfoic, entreat that your honourable House will be pleased to appoint a commission to visit the said Robert Gonrlay; make such inquiry into bis case as may insure justice, and restore him to thf- possession of his property at home and abroad, and they will Piiblis/iedin the Examiner, April ]6, \S'IU No, ^^5. TO THE PEOl'LE OF WILTSHIUK. " Not only the people, but the very soil, of Wiltshire remains dear " to my remembrance ; — iis bourns and its downs. Seven years of my " life were spent in Wiltshire; — most interestiii;i years of sunshine and " cloud. Willshirp giive birth to five of my children— to one of them a " grave." — General introduction to Statistical Account of Upper Canada, p. 208. The above extract was written and published by me three years ago, little thinking that I should revert to it for warming hearts and winning endeavours in my behalf — endeavours which I now earnestly solicit to procure for me a full and fair hearing before Parliament. Mr. Stuart Wortley, a gentleman ol stanch constitutional principles, has under- taken to present for me a petition for inquiring into my case (Appendix, A 22), but unless backed by the public this will have small chance of being heard. I now, therefore, ask you, one and all, rich and poor, men and women, to support my prayer with yours. No man ever sus- tained such a run of persecution as I have done for fifteen years toge- ther, al home and abroad ; but, thank God, I am now better than ever before inlifi* both in bodily and mental health ; and, with public coun tcnance, am sanguine of yet doing well for tnyself, my family, and my country. People of Wiltshire ! — it was not in frolic or deceit that I broke flints tor \our highway, but to retain lifi", to banish care, and regain that sirer,.:ih which enabled me to L( at my most powerful private enemy out of Chancery. It was not iiKuUiess which induced me to ap- ply a lady's riding-whip to the shoulders of a member of Parliament. It was an innocent mean advisedly resorted to for procuring notice to my desperate situation, and a pledge that my !itc was ready to be risked for my honour, and that of my children • -Vi'i, and it ever shall be. From you i now ask but signatures to such a petition as that subjoined (the above) which involves no responsibility. I solemnly declare that the case is truly stated ; and you will hazard only your belief. Give me your names, people of Wiltshire, frankly and without delay ; attach them to petitions inyotir respective parishes, and let thein be despatched i Ixv to either of the county members, who will, I am sure, readily and cheer- fully present them to Parliament. No one >» safe while the law, under colour of which I am imprisoned, can be acted upon as U has been I have endured nine months confinement to bung this into no- tice— to have it amended or repealed. In petitioning for me, then, vou will petition for yourselves and your offspring— you will petition for the certainty of not being subject to be caught upon the tpse dixit ot doctors, as madmen-committed to the house of bondage--blasted in reputation; and, perhaps, driven mad. Englishmen '.-think of all this; and what you have to do, do quickly. Be at once my friends, and the friends of liberty. ^^^^ GOURLAY. PuhUshed in the Devizes Gazette and Salisbury Journal. No. 46. MR. ROUERT GOURLAY. Mr. Hume presented a petition from a parish in Fifeshire, praying that a commission might be appointed to inquire into the case of Mr. Robert Gourlay. The petitioners were impressed, like many others, with an opinion that Mr. Gourlay had been severely and unjustly treated. Mr Peel said that Mr. Gourlay was not now confined by Govern- ment, but merely because he was unable to give the security required. He (Mr. Peel) had sent directions that Mr. Gourlay should be kindly treated. . ' , Mr Browham admitted that the petitioners were under some misap- prehension on the subject. He was satisfied that the unfortunate gen- tleman had been ill-treated in Canada ; and the outrage m the lobby of the House arose out of it. It was most absu.-d to suppose that such a notion had got abroad, that he (Mr. Brougham) had any thing to do with Mr. Gourlay's present confinement. The assault upon him was committed merely because, on presenting a petition from R.r. Gourlay, regarding the education of the poor, he (Mr. Brougham) had not suffi- cientlv entered into the case. , i.r i-. i Mr Fed said that the course pursued towards Mr. Gourlay was only that of every ordinary case. In reference to the outrage m the lobby Mr. Gourlay had excused himself afterwards, by saying that he had only followed high example, by scourging sinners in the temple.— ^^Trfj! Williams said that he had been entrusted by Mr. Gourlay with a petition (Appendix, A 21), complaining of the decay of his health, from confinement, but speaking .n high terms of the Governor of the House of Correction. ,.-... • i. i„„„^o Mr. Peel repeated that he had given directions that every indulgence should be shown to Mr. Gourlay. , , , j .u i.uu The petition was then brought up, read, and laid upon the table, with, we think, only one dissentient voice. Extracted from the Morning Ckromck, April 26, 1825. • Ste Appt'iidix, page ISS. 11 1 Ixvi No. 17, uoBi:iir Gouiir.AY. Mr. Hume presented a petition from several landowners and otiicr IiiliabiiiUits in rneoliire, proving tiiiit Mr. llobcrt CJourlay, iit |)resent coniiiicd in Coki-Batli-Ficlds"' pribun, might be rcstoied to his liburt)' and possessions. Mr. Secretary Pal said Mr. Cioinlay hud, all along, hovn guided hy tlie inipressiun that he was ke[)t in conliiKMnent by the government. Such was not the fact, lie was detained tiiere by the laws ot' the country. If respectable bail was put in to insure his good ccMiduct, he would be imniedialcdy releiised; and it would be a great satisfaction to him (Mr. Peel) if sonrj one would come forward to enable him to be discharged. If Mr. Gourlay did nut wriie so many Jetlers, he might have supposed that his mind had been restored. lie had given direc- tions tlia. the poor gentleman slujuld be treated with .ill possible indul- gence. Mr. Brougham concurred with the right honoura!)le gentleman, but observed that, owing to the Solicitor for the Treasury having ulteiuled at Mr. Gourlay's examination at How-street, an opinion had got abroad that ho was detained at the instance of government. This he t:ncw to be incorrect, and he wished it, also, to be understood, that he (Mr. Brougham) had in no way been the cause of the pojr gentleman's being kept in prison, nor had taken any one step to have him lodged there, lie had had no (juarrel with Mr. Gourlay, and the circumstances under which he had committed the outrage upon him (Mr. Ikougham) were such as, whatever opinion they might give him of the soundness of his intellect, couKI not create any anger towards the individual. The peti- tion of which he spoke he had put into his (Mr. Brougham's) hand three (jf lour years before, and it related to the education of the poor. Mr. Gourlay wished him to introduce, upon that occasion, a statement of his own case, and he, although it had nothing in the world to do with it, had complied, and had made that statement. When Mr. Gourlay committed the outrage upon him, he said, " let the dead bury the dead," alluding to the case of Mr. Smith, the missionary; and added, " If you can find time to attend to the afl'airs of a dead missionary, why do you not attend to mine?" He believed that Mr. Gourlay had expe- rienced very harsh and unjust treatment in Canada. Tlie learned gentleman concluded by declaring that, as far as he was personally concerned, he luii no objection whatever to the liberation of the petitioner. Mr, Peel said it was quite an ordinary case of a man who failed to get security for his being harndess. He had been committed for a breach of privilege, and it afterwards appeared that he was in a staio of miml which might make him dangerous to the public if sot at large. Evidence of this state of mind was gi^-'-n by himself, when he justified his conduct in the lobby of this House, by the sanction of the highest authority, *' scourging sinners out of the temple." Mr. ./. WiUiams said he held a petition in his hand from Mr. Gourlay, w which thcr in respect fi rieiiced. 1 liabif*. !1 ' it was g'.;l mngtstrates Biith-ricld: printed. " i\ lou old and sts bonnet, M confined ii The case ( he assaultc St. Stephe a fine, or a liege subjc the assaul lie is imm to which 1 to Parliar Sill,— vouch foi spatched lish it (A my propc To indue be sparec sitions ai lation foi the wast< since : a peace. bonks of trouble. The 1: nefit dcr that ihcs ixvii Gouilay, « l.ich contiiincd none of the apocryphal and strange allusions ' hicl. il e riohl honourable grntleman had adverted to. It Avas vvrUten , rcpeclful tern»s, and contained complaints of the treatment he expe- ■ienml. His provisions he complained to have been not suited o lus at>its. !lis feutment ha.l been varied from time to time; but now vas ft.tting worse and worse. Yet he spoke vvith respect of he naaistratos, °nn the Daizcs CazcUc, April ■:«, 1 825. V I •s I I No. 48. .' A lounger at the Ilole-in-the-Wall," asks-What has hecomeoi that old and stanch friend c,f the labouring poor, albeit he hath a '^^ in h.s bonnet, Mr. Robert Gourlay ?-\Ve have to .nform '''•\\'^'^^. '^ ',y confined in Cold-Uath-Fields' prison for h,s assault on Mr a.ougl am. The case of this gentleman, it must be confessed, is a hard one. la, be assaulted Mr.'Bro.gham any where eUe than w.tlnn the pr<^cnKts ol St. Stephen's, he would have been tried and punished lor theolteiu. l.y a fine, or a (ixed period of imprisonment, like any other ot 1 lis Maje^t) s he"e subjects, who may happen to commit such anoflence; but because Ihe assault was committed on the threshold of the House ot Comn,ons he is immured in a prison without trial or a sentence, and lor a peuoij to which nobody can assign the limit. Il would seem that the neaie. to Parliament the farther from justice. . Extracted from the Trades' Ncxispapcr, August 14, Ib.j. No. 49. TO Til F. EDITOR OF TIIi: EXAMINER. H^use of Correction, Cold -Bath -Fields, October 1.0, 1 8-! J- Sni -As vouv brother honoured me with a call last week and can vouch 'for the mens sana in corpore sana, I subjoin a copy of a letter de- Ipatched yesterday to the Lord Chancellor, g-.v.ng you hberty to pub- r proposals, but I shall be happy to answer any that may be started To Kce readers more seriously to consider that 50,000 peop e could be n red out of the United Kingdom annually, and that my other po- ion arc tenable, I should have accompanied this wuh a table of popu- Sn for the last Iwenty years, showingthe year y mcrease : what was he waste of life in the army and navy, what durn.g war, and wha i,ce: also, a table showing the diflVreuce of expenditure u. war .nd peace. These tables I cannot construct where 1 now am, tor wan ot books of reference; but you could probably turn.sh them wr.h lilJe trouble, and they would of thems.-lvcs be interesting. The V'st Edinburuh Review def.cs any one to point out a sinnu' be- nefit derived by us from our colonies in North Aurcrica, ami all,, m, .at these have cost 70 millions, which is quite a low c.tmvito. 1 1.. I Ixviii Canada, alone have cost much more. Every year since ihc ptace larg. iums have been expended in aid of emigration, and, almost in every case, misery has ensued. o£:30,000 wa. v.lod hist year and a ike sum th.s year for mere experiments in removing; handtuls of people trom rchmd lo Canada -experiments gone about while not a smgle principle has yet been established on which such projects should proceed L oij;ration and settlement may be reducod t(, a science, and shoul.l government cause me to be visited, examined, and assisted, I shall have no diflTicul y in m.king it obvious. Jes.is Christ was accused ot having a devil : Paul of being mad ; and the people of Glasgow declared tint ' |e b.. - voU-nt Howard was daft. W uh these laeis on record, why should I despair of doing {/,ood, ihounh reported insane by hired doctors and, therefore, confined these last sixteen months? None of the tellow voyagers of Columbus could make an egg stand on end till he did it with a tap on the table. The right principle of emigration and settle- ment will appear almost equally simple when «^';'P'"'''^''^ _,.„, .-, PubliskJ in the Examiner, together with the letter to ihc Chancellor itbove referred to, Oct. Q3, 1 8C5. No. 50. MR. GOURLAY. We have received an address to his Majesty, written by Mr. Gourlay, (Appendix B 45), which, although we cannot give it a place to-day, we notice, not on account of its importance— not because we are either supporters or partizans of Mr. Gourlay, upon questions of a public or political naiure; quite the contrary. We give it a place,* as a proof that Mr. Gourlay now is, and has remained for months and months a prisoner in the House of Correction, Cold-Bath-Fields, because he horse-whipped Mr. Brougham,— an act which was strangely construed into evidence of insanity ; upon which charge the Solicitor to the Treasury appeared against him, and demanded bail, or securities, that he should do no mischief. That this is law we have already expressed our full belief; but that it is very like nonsense, we must also be permitted to say. To take sureties for a madman's quiet conduct when at large, seems the height of absurdity: however, so it is; and, although it has been truly said that Mr. Brougham has no personal share In the infliction of Mr. Gourlay's present punishment, Mr. Brougham was its first cause ; and we think that humane and liberal gentleman could do no better than use the influence which, by those who are ignorant of the matter, he may be thought to possess to put Mr. Gour- lay under personal restraint, to get him released from the protracted im- prisonment, which looks very like persecution. Extracted from the John Bull, October 23, 1825. J Si Contendin tion against coctcd and \ I have, lior keep up my ofsympalh) how long a friends, and ardice, hypi Three yt country, ch with honest likecircum was beaten decision in my life, I « pride but \ 1 want jus have chose fore, to wii joined lelti of right s did not dc trates; an saying tha Another think it ti There i as I am, than fail I vr illing, y argumeni wantonly these six during w and abrc Let it my pres and ne> within u Fifteen : place,* * ll got no place neither ihat Any nor nfter. )i'ace larg«.' svery case, Lc sum this >m Ireland pie has yet li .iij;ration overnment I) (lifTiculty ig n, devil : t 'lie bva:- ly should I )ct()rs, aiui, the fellow he did it and settle- JRLAY. Chancellor Ixix No. 51. ! r^^ [r. Gourlay, ace to-day, jccause we n questions 'e give it a i for months Bath-Fields, as strangely ! Solicitor to )r securities, ave already we must also iet conduct [> it is; and, no personal hnient, Mr. and liberal by those who It Mr. Gour- "otracted im- er 23, 1825. TO THK EDITOR, OV THE TIMES. House of Correctim, Cold-Bat h-Fields, Norembtr 10, 1825. Contond^n^for the liberty of the subject and the security of reputa. linn alaint the vilest an.l most Jread conspiracy thai was ever con- octcd'a d Pe Ited in by arbitrary power for the rum o. an mdmduaW iT /trnm the first (lay of confinement here, deemed it duly to have, l.om »'«/''''/' ^j^j^ ^„,^ . j ^^ve dune so to the deadening ^r^^nrv^ 'a^ mana:')'" t the smallest possible aid. to try S iTo f/ndllolrfardepHved of all Fopeviy, jlese^te. by n,any Wends, and scandalized beyond example, I can hold out aga.nsl cow "1h:;errri4::^IS;S with law persecution. I fled .o^ with honest abour, "^^cr^han g v ,emorseless enemy * tUVI:: rad'EL'r ab^!;":; .» mc ...^ n,, case , bu,, situated Jl'r/U Tas "appeared P™deat .^her Jo aue.^^^^ I^JXTZ wantpnly cruelly, and falsely •'"P";""^^-:'^^;'^ of sixteen^ yea's these sixteen months of unpr.sotjment ^J^^^ .^^"^P^^^^^^^ ; l';i\ Lme during which I have been persecuted to the death, unceasingly, and abroad, because of my principles ^ . , Le. U n.;t_^^-PP«-t' - r rrbStt!plHrn here, my present abode. r^«^" '" ''^ . i,^^ ^^e kingdoui of Heaven .s » ScctboTf, No. .'it. 11: S'-l Ixx me .n procunn. ' v"!?;, /;'',;„ \i,h me .11 in all. Wi.l. full ct na i Tction :^ .loy that the >tututc cout.mplatoa such a cane r m : ny .hat it a..huri/,c. operation on mere op.n.on, cspo- cnl v" he, hat opinion was paid for, and notorious y laUo. The el c?of I ■ w . hich re.p.ire; bail for the Rood conduct of a mad- ;; ' Ob i usly absurd: 'more than that, execut.on upon U .s con- ": o the Uili of U.ghls, which dechtres that e^ces^,ve ba.l .hall n I Icmu/del; an.l what can be more excessive than to reMune a : cl Ul;::" itui corroborate against the ""-'---j; -l,^-; -- nitv? Ins^ert that it was unfair to hold me up to the «oih a a m aci min in the nrison-roo.n of the i louse of Commons, for uoeks together, wit :. W .in,: I assert thai my offence, comnutted ^vMh,n the n ecinc.s of the House of Commons, was co.n,.able there^ by parl.a- Ln and hat by parliament it was most severely pun.shed: I assert Tha my a rest, after li')era.ion thence, by the c.v. power, was supere- ronathm and altogether unconstitutional. Ulackstone says. -It ts San/'/o7/^ ger,ius and spM of the Unc of Kn^hnd to .ujfcr a,nj.,an tobetred twke for the same offence, in a cnmnal ua^ especial ly if InUtedon the Jint trial ;" but what have I e.xper.enced f pun.shmenl ?oTa n ere piccadillo. out of all bounds.-pun.shment after punish- ment S Jtrial-mocke.y after mockery. 1 assert that .1 was unfair oct^t ho tnw examination at Bow-street : I assert that it was unia.r o array the Sessions, on my appearance t'--' ^ ,'"f /^"f ":^= ' assert that the whole proceei>*(i 0,1 coming I ajuiiliiicr.t .1 perpetraun- li-lon's laie. Mr. Maule, rojily aifordc iiiatteis stoo own clothes fioin parllai prui'ogationi nates, to ki! llien, at the clothing wo liking. Th Imvu vvaitei 1(1 ground t one, and no Under ll anil clothir ; luy right ii words as p( The Right iiobcrt i'e Anolhe ushered i England, board, oi Ah! nier and bolt* sombre li But, is t prize this and sad i world, i' TIME, a others a iiity. I and praj Ptu publicly that he wuuld gi\e par licular diiccli-iiis that 1 '' should have ■si fij^lil out berated till ; i« nssiiri'illy \ ubiic assist , niysrlf that I. With full j try and my tnkcii their ilo. I (loiiy of common such a case inioii, fspc- faUo. The t of !i mad- n it is con- L- bail shall nquirc a ii"e of itisa- ,d as a mad- 'ks toj;ethor, 1 within the. p by parlia- ;d : I assert was supere- ays, (( It is ijf'cr any man especially if punishment ftcr punisli- it was unfair It was utifair I doctors : I has had no ghtest ncces- ; safe if such akling, either dread laugh, kls, and shall ' compromise oppression of GOURLAY. gusto, 1825. , and may be lace (U'rlarc'd " should luivc "■'":";';;;:■ "'„;";;:;:.";;' ."'b':;.::';' :, ."e "oi;::- o.- u. r..^.^, ',:::;;;rup:,'; ,i.r';;:,t ... ...i sc.c.,„,y o,- ..... »i>i,out g „,;, »„,! now .l..in it improper lo wait iooi^'N |.^_,,, ' 1 am, sir, Your most obedient servant, KOBEllT GOURLAY. J'/ic Rigid Hon. Ihilnrt I'eel. Vubli&hcd in The Times. No. 52. THE FIKST HOUR OF THE YEAR. .^ That Lour of Nigl.fs black arch, the kcy-stouc." ..nnMiHr come'— and now the infant year is Another year is f;one-another ^omc througl.ont ushered in by tl«onsancls--m,l H.ns gU^ J« ^,^^ ^^^^j^^ England, tens ot thousands happy «^»'^;;';\\' ^'^ ;,, i^ud acclaim. board, orhe.nmn.gm t»|« ^h"-"*" *i^ !' me -me. lonesome, barred, Ah! "'erry. thoughtless hour to aUb^^^^^^^^^ j,^ this .,,„, bolted in. w.lh arches «;" ^^/'rhist^^^^^^^^^^^^ sombre hold, where once were Despa d, ^"fi '^1-^' otherwise. 1 But. is this "-;-"«';;, ;;;in:elKL.^^^^ solemn thoughts, prize this •"^"'•' t'>'^ ''"''*"7,, ' "^,^ue me think-think deeply ot the and *«^>/<^'"^'"l^^^»'^^^;„,?.''rf tire -one by. and time to comej-of .orUl. its origtuund eiul oftnn o^^^^ ^.^^ ^^^^j r.ME. and how it "-^^b^^^^;;/^^-,,, hour, and glorious opportu- :• :" I'e ;7no one? bid welco'meto the year; forgive my enemies, 3 prayiW friends ^„..rf-more of them aiuUe^ss^ueed. ^^^^^^ House of Correction, Cold-Balh-Fields, January 1, 182G p^lM^i Mornin, Chronicle, ne.t day, and other papers. Ixxii No. 63. TO THE EDITOK OF THE MORNING CHRONICLE. ' House of Correction, Cold-Bath-Fields, January 17, 1826. Sir Some kind friend, whose name is concealed, has, very considerately, during this rigorous season, sent me three excellent blankets, a handsome counterpane, and comfortable morning gowu,i which 1 should be glad gratefully to acknowledge through the medium of your paper. ... rr.i. The gown fits to admiration, and is already in wear. The coun- terpane adorns my uncurtained couch, and having already abun- dance of blankets, I propose giving those sent, with leave of the donor, to an old servant, who, while toiling night and day for an infirm family, has waited on me, constantly and faithfully, for sixteen months, without fefe or reward. ^,.„, .,, ROBERT GOURLAY. Published in the Morning Chronicle, January 20, 1826. No. 54. There was a beautiful mystery in this piece of Manchester stuff, (the meetin<» of labourers, speeches of Hodgins and others,) but comment is needfess— warning is useless. The Deity is caricatured by Carlisle, in his shop- window: nobody interferes : it is a pity not to let every body enjoy their own opinions. Mr. Hale excites mutiny and insubordina- tion in the army : poor fellow, he is mad. He insults the sovereign almost every Sunday: he libels and lampoons the church; but he is perfectly harmless ! while Gourlay has been kept a close prisoner in the House of Correction, for nearly two years, the only proof of his insa- nity being his having beaten Mr. Brougham in the lobby of the House of Commons ! ! ■« » ^ Extracted from the John Bull, February 5, 1826. N No. 55. Mr. Gourlay still continues an inmate of the House of Correction, where he occupies a state room. He is said to be. perfectly reconciled to his situation, and to have repeatedly declared that he is happier where he now is than he has been for years before. He is entitled to his liberty on finding sureties for keeping the peace. Extracted from ike John Bull, Ftbruary 19, 1826'. MR No. 56- GOUKLAY. Mr. Hume presented a petition from the county of Fife, on behalf of Mr. Gourlay, who had been confined for the space of nineteen monthti without trial or examination. The petitionfrs represented that this treatment s ciples of li that justice or some s respecting Mr. Pec the Goven account of assailed ai strong susp for his pe; the Ilonoi have such would onl tics for Ml jects, thor( that Mr. G but his det nary coiir come forvv Mr. Hu recognizav to do so, I Mr. Set that, if ht Mr.Gourl of his inst Mr. B taining thi imprisonn Sir Frii inaudible as there \ objection Mr. C such rcc( insanity. Mr. I bog, in tl tioners s nineteen which w that the Gourlay. man opp wards th Mr. f ;lb. ry 17, 1826. onsiderately, blankets, a wii,:l which I e medium cf . The coun- ilready abun- leave of Ihe d day for an y, for sixteen JRLAY. ary 20, 1826. iter stuff, (the , but comment \ by Carlisle, in ; let every body { I insubordina- ; the sovereign ■ch ; but he ij )risoner in the )f of his insa- ' of ihe House 'uary 5, 1826. of Correction, :tly reconciled he is happier e is entitled to lary 19, 1826'. Ixxiii trcalment savoured more of oppression than the mild and sacred prin- ciples of liberty; and tiiey requested the House to interfere, in order that justice might be done to him. He was desirous to have an asswer, or some statement made, as to the intentions of the Government respecting that unfortunate man. Mr. Peel said the detention of Mr. Gourlay was not occasioned by the Government or the Secretary of State ; nor was he confined on account of any breach of the privileges of that House, but for having assailed an Honourable Member, under circumstances which led to strong suspicions of insanity. He had refused to provide recognizances for his peaceable conduct; and if any one would come forward— if the Honourable Member for Aberdeen, for instance, who seemed to have such a strong feeling in his behalf— if that Honourable Member would only go bclorc a magistrate (a laugh) and enter into securi- ties for Mr. Gourlay's peaceable demeanour towards all the king's sub- jects, there would be IK) further impediment. He had given directions that Mr. Gourlay's coiifinemeiu should be as little onerous as possible ; but his detention theie was nothing more than in pursuance of the ordi- nary course of law. He would be very happy if his friends would come forward and certify in his behalf. Mr. Hume said he should have no sort of objection to enter into recognizances for Mr. Gourlay if he would consent to it ; but he refused to do so, lest it would imply an acknowledgement of his insanity. Mr. Secretary/ Pee/ (in a very low tone) observed, as wc understood, that, if he was to judge from the letters written, at various times, by Mr. Gourlay, there could remain no doubt in his mind upon the subject of his insanity. Mr. Hume said that means could be immediately found of ascer- taining that fact, if it was considered any obstacle to his release from imprisonment. Sir Francis Burdett made some observation, which was almost wholly inaudible in the gallery. We understood the Hon. Bart, to say that, as there was no reason alleged for his confinement, there could be no objection to his release upon his own recognizances. Mr. Croker observed that the very fact of magistrates accepting such recognizance would be in itself a vindication from the charge of insanity. The petition was laid on the table. ! Extracted from the Morning Chronicle, March 7, 1826. i.^ No. 57. e, on behalf of netecn months ntcd that this Mr. Hume rose to present a petition from the inhabitants of Dun- hog, in tiie county of Fife, in favour of Mr. R. Gourlay. The peti- tioners stated that his detent.'on in Cold-Bath-Fields' prison for nineteen months savoured more of oppression than of the liberty which was the essence of the British constilution. They required that the House would take such steps as would insure justice to Mr. Gourlay. He could wish to hear from the right honourable gentle- man opposite some statement of what was intended to be done to- wards this individual. Mr. Peel prcsr.mcu that the House was aware tlr.it Mr. Gourlay Ixxiv was not detained at the instance of the department ot which he was the head, nor at the instance of the Government in general, nor .n consequence of anv breach which he had committed of the pr.v.leges of the House. He was detained because he had committed that breach under circumstances which led every reasonable man to enter- tain doubts of his sanity. If any individual, if the honourable son- tleman himself (u lau-di). would enter into recogmzances that M . Gourlay would keep the peace towards all His Majesty s subjec that individual would not be detained a moment >«'\f r- J^ « honourable qentlen.au was satisfied of Mr. Gourlay s sanity, he could obtain for him. from any magistrate, that relief which he pe '»•«"« called upon the House to grant him. 1 « h«d ^one all tbate could to render Mr. Gourlav'sdeunlion in Cold-Bath-lMe Ids as httle one- rous as possible; but'he couM not consent to h.s nberation when he Avould neither enter into reco-uizances himself nur permit Ins friends to enter into them for l.im. He was not detained in the ordinary execution of the law ; but, if he ui.hed to be released, he must abs am from writiu" letters similar to soni- of those which he (Mr. I'eel) liad read from him, as they were well calculated to make everv reasonable man doubt of iiis sanity. , , i i i • Mr. Hume said that, as far as he was concerned, he ha i no objec- tion to enter into recognizances for Mr. Gourlay; but the tact was that Mr. Gourlay would not allow him to do so until some examina- tion had taken place into his sanity, and the circumstances under which he had been committed. Mr. Gourlay was of opinion tliat it he entered into recognizances without such examination, it would be admitting that he was insane. Mr. Peel observed that Mr. Gourlay had written such letters since his detention that it did not leave him the option to set hnn at liberty without recognizances, even supposing he legally had the power to do so, which he very much doubted. ,, --, • . Mr Hume said that, whatever might have been Mf. Gourlay s con- dition formerly, ?t had nothing to do with the object ot the present petition. The question was, whether he was sane at this moment; and he thought that it ought immediately to be ascertained whether there was any ground for keeping him any longer m durance. Sir F. Burdett spoke very shortly, but in so low a t )ne as to be wholly inaudible; and, after a few words from Mr. Croker, the peti- tion was ordered to lie on the table. Extracted from The Times, March 7, 1826. No, 58. A petition (above mentioned) of certain inhabitants of the parish of Duuho«'""'':• 1 y^ ,(. „,,wa,d for a •'-i^^.tJ'^^^^^.'^l' :X? wSTwa^ once an^x- EmMmm "^ ''Tfft-^^;nd as doubtless, one of the greatest and most success- county ot tije, ana was, uuuuiiv.= , ..''r rri nptit oners have xrs,;;$:!=^s^t^-;i2';a^raiine. ■"''"" """"'°'"'"'E,„.cUd/rm the Journais of the Ho.sc ofCommm,. On Monday, M. Hume presented a pc.i.^n in fayonr of M. G„„r,ay, whose -^ -,- -'^^feirb - -irliSed-- B,o„gha.„, could be urged in Ins 'f"''' ™".J „,,i,„,v„rlliv : but, since Mr. which, we confess, we '.''""S'" 'f " ^ j BX-Peids all .he rest of Gourlay chooses to reraam m a ce ^o" ""U ^^^^^ his life, when he ""'y «"' ™'„°[;':^ ^S as well as 'cruelty to he ,s not mad, we imk ^^ "™'„^„,f„„,„„„„ed, in the handsomest Stofetr':Sti?4T"heX:l:X^^^^^^ „,an, labouring under ^S'-'™'"'" '";P"^''°';;„„,| .y, iecc of tendcr- had positively refused ^- ^^I't'dfilTtlc Joh, liM, March 12, .826, I i I Ixxvi No. 60. "Sir Francis Burdctt said Mr. Gourlay was justified in Oie course he pursued." Mr. Gourlay has just now read the above words in the Calodoniaii Mercury, of March 9, and takes the liberty to ask Sir F. Uurdeit if they have been correctly reported. Mr. G. has ever, on principle, stood aloof from party politics: acts unifvjrmly on his own individual oni'iion, uninHuenced either by friends or foes; and jealous even of fooling: nevertlieless, would be hi<»hly gratified with the assurance that his conduct has met the approval of Sir F. Burdett. House of Correction, Cohl-Bath-Fidds, March 18, 1826". KOT UEl'LIED TO. No. 61, MR. GOURLAY. Perhaps, the generality of our readers are not aware that any indivi- dual may, by the warrant of a magistrate, acting upon his own respons*- bility, or upon the adiilavit of two persons, be incarcerated in a prison as a lunatic, and there detained till he, the alleged lunatic, shall iind bail to keep the peace towards all the subjects of the king. In the case of one man assaulting another, the offender is held to bail to answer the charge, which may or may not be well founded, at tne ses- sions. This is perfectly unobjectionable, for the party that is wronged has his remedy. But, in the case of alleged lunacy, the accused is placed in a situation exactly the reverse of all other oft'enders against the peace. In the one instance, the accused is presumed to be innocent, and is held to bail till convicted by a jury. In the other instance, that of lunacy, the accused, no matter who he is — no matter who arc his accusers, is held to be non compos mentis till his sanity be estab- lished to the satisfaction of a magistrate. The law of natural justice is here inverted, and the onusprobandi is put upon the accused, just as if the man who is charged with stealing a watch were, in the eye of the law, held to be a thief till he proves his innocence. The operation — we might say the cruelty — of this law is distressingly illustrated in the case of Mr. Robert Gourlay, at present a prisoner in a London House of Correction. Our readers will recollect that, about two years ago, Mr. Gourlay took upon himself the uncourtcous task of horsewhipping Mr. Henry Brougham, in the lobby of the House of Commons; and, for this atrocious act — this sacrilege on the very j )rtals of the temple, and before the eyes of the "collective wisdom" of this great empire— for this audacious and unpardonable breach of privilege, he was, committed to the custody of a gentleman of whom wc stand too much in awe to speak slightingly, we mean the Serjeant-at-^rms. All this was right. The barrister's back was avenged; th« culprit was punished to the full extent of the powers of the House ; ami ih* Hignity of parliament was maintained. All this, therefore, was passing well. But, at length, parliament was prorogued, and Mr. Gourlay' was set at liberty. Strand, on Sir Richard street, and, : Upon what act? Tbi» u siructed by ration had luntarily in ill a simph in their jud neighbours time he firs the Court c tellects, as private tra this, the m most absur tlie part c in which tl with which his sanity, is placed, truth of th end his daj If he accc Ihem, he r statute-law may be hi liberty of t Sir Run Scoonie, [ harmless ii Mr. Ih Fife, one c We ant: oeter min Scotch ba eountrij. I Oie course Caledonian Riirdeit if lilies: acts by friends be hi>»l)ly ipproval of ! 1 8, 1 826". any indivi- m respons*' in a prison , shall tind ig. In th«i to bail to , at tiie scs- is wronged accused is ders against jc innocent, ;r instance, er who arc ty be estab- ural justice ed, just as if 2 eye of the ilistressingly . prisoner in ; that, about cous task of le House of very J )rtals om" of this of privilege, vff stand too -\rms. All culprit \v;[S I ih* Hignity ssing well, irlay was ict XXVll at liberty. He had no sooner, however, snufled the fresh air of llie Strand, on his way homeward, than he was seized, on the warrant of Sir Richard Hirnic, as a dangerous lunatic, and conveyed, first, to Bow- street, and, subsequently, to the House of Correction, Cold-Bath-Fields. Upon what authority, it mav be asked, did the magistrate of Bow-street act? This weare extrf^mely curious to learn; for, u iless he had been in- structed by persons interested in the committal of Mr. Gourlay, as appli- cation had been made to him, if cannot be believed he would have vo- luntarily interfered. It is true, that cer'ai'i medical practitioners averred-, in a simple certificate, although they refused to affirm on oath that, in their judgement, Mr. Gourlay was insane. Others of Mr. Gourlay's neighbours and acquaintances, who had known him for years, from the time he first visited Wiltshire, till he defeated the Duke of Somerset, in the Court of Chancery, all declared the accused to be as sane in his in- tellects, as capable of conducting his own afl'airs, and as upright in his private transactions, as JNIr. Hrougham himself. Notwithstanding all this, the magistrate refuses to liberate him, except upon conditions the most absurd that can well be conceived — no less than an admission, on tlie part of Mr. Gourlay, that he is actually insane. The manner in which the unfortunate man rejects these conditions — the firmness with which he defends himself from the charges, .are the best proofs of his sanity. Here, therefore, is the disiressing predicament in which he is placed. If he finds bail to keep '.he peace, he tacitly admits the truth of the accusation: if he refuses so to st'gmatize himself, he must end his days within the odious walls of a jail. There is no alternative. If he accepts the terms, he confesses himself a lunatic: if he rejects ihcm, he must be a prisoner for life. Would it be credited that the statute-laws of England, *hich are applicable to every man, whatever may be his menial capacity, could interftie so arbitrarily with the liberty of the subject ? Extracted from the Devizes Gazette, April 6, 1 826. No. 62. Sir Rumtid Fcrgmoii presented a petition from the inhabitants oi' Scoonie, pnty- ■% th< liberation of Mr. Robert Gourlay, as a perfectly harmless indivi^ >al. Extr(icl.edfrom the Moriiing Chronicle, April 9,7, 1826. Mr. Hume presented three petitions from parishes in the County of Fife, one of them sigued wholly by fcmales, in favour of Mr. Gourlay. Extracted from a Newspaper of the same date. No. 63. We anticipated, from the first, that the people of Scotland would deter ministers from interfering with their »y*tem of banking. The Scotch banks are enormously rich ; and %oe(dth i$ always successful in this country. Ixxviii LITERAKY lUND. Ai „ 'iJih^ of the Literary Fund Society was held otlier persons of distinction. excellent style, by 7VoiHotoI>o«"'e having been sung in ^^^^^^^^j^fj^^^^^ Messrs. Atkins, Colepepcr, and Brf hurf^; ^^the S-S -ith Nichols, the Chairman proposed ^^^ heal h of the ^'"g ^^^^ "'tHo Duke TCerset, in a few words, returned thanks, and stated lr;^r^^e;r:"o7L;':;ht'l^^ihoT^^^ their r.ns and of their valuable time and talents to ,ts support: song, ^ThSitaXn proposed the healths of the Vice-Presidents, which .var ecdve.S all the honours. S.r Wm. Clayton returned thanks, ^c The health of Mr. Hobhouse, M.P. Chairman of the Committee. 1 he Soci y h d ii. the whole, about £20,000 in the 3 per C-U and. o of i'1,868. fifty-seven cases were relieved, many of which >.eie %^Ir"Fir/.'erfald rer.ted a poem in praise of the Institution Mr.* SoSrhighly prais'd the Institution. It penetrated into the 'trSo'llr Malcolm spoke of its administering relief in the delicate manner in which gonius ought to be relieved, &c. T;iP health of Mr. Thomas Moore, «&c. . , , . .i . The Dulc ofSomsrsat having retired, Sir John Malcolm kept »p the coviviality sor^o ^^^^ffio. the Momi«g ChrM, May U, .H.-fi. I NOTA BENE, The above article has been extracted in the regular course of time: the folIJXgZeZen selected to complete the collection, and to be ajterwards referred to in making remarks. Lord Eld pleasant to under his ar bis whole c and honesty could hard! that he cai word or lo thorough 1 buck at a p to distract ( way; but h way; he is been witho plicit undci iiiis assume^ '• read his h power atte abuse, so a gone the wl When the 1 into the fie rinth of n The Chanci lician is fin ': (lucstions t the public a single ox every prop supporter i abroad ; h and infring the same alleged grc has studio hard in hi was Attor the other and protc! expected ; side of pi terest. Ii dispositior lie seems side. Otl Sust, or a Ixxix f ty was held e of Somcr- :iayton, Sir and several ;nt style, by Baylcy and -drank with )roposed the three times as the Duke : iong, Rate gh commen- n, was drank s, and stated ! m institution [ greatest suc- 3ted much of pport: song, iidcnts, whicli id thanks, i*vc. mmittee. The ints. and, out | which v.ere j ion. rated into the 1 the delicate n kept up the lay 11, IH'.'C. c of time : the • I lie afterwards [ No. 64. LOUD ELDON, / (From a Monthly Publication. J Lord Eldon has nne of the best-natiired faces in the world ; it is pleasant to meet him in the street, plodding along with an umbrella under his arm, without one particle of pride, of spleen, or discontent in his whole composition, void of ofience, with almost rustic simplicity and honesty of appearance ; a man that makes friends at first sight, and couUi hardly make enemies if he would ; and whose only laull is thiit that he cannot say nay to power, or subject himsell to an unkind word or look from any he may deem higher than himself. He is a thorouoh Tory. Others boggle or are at fault in iheir career, or give back at a pinch ; they split into dilTerenl factions, have other olijtcts to distract them; their private friendships or antipathies stand in their I i way; but he has never flinched, never gone back, never missed his way- he is an out-and-outer in this respect; his allegiance has been' without flaw, like "one entire and perfect chrysolite; his im- plicit understanding is a kind of taffeta-lining to the crown, his servility has assumed an air of the most determined independence, and he has '• read his history in the prince's eyes !" There has been no stretch ot power attempted in his time that he has not seconded; no existing abuse, so absurd, of which he has not opposed ihe removal. He has gone the whole length of the most unpopular designs of every minister. When the heavy artillery of interest, power, and prejudice is brought into the field, the paper-pellets of the brain go for nothing. His laby- rinth of nice, lady-like doubts explodes like a mine of gunpowder. The Chancellor may weigh and falter— the courtier is decided, the poli- tician is firm, and riveted to his place in the cabinet. On all the great questions that have divided the cabinet or public opimon, or agitated the public mind, the Chancellor has been found uniformly, and without a sinnlo exception, on the side of prerogative and power, and against every' TJroposal for the advancement of freedom. He was a strenuous MipiKvter of the wars and coalitions against the principles of liberty abroad- he has been equally zealous in urging or defending every act and infringement of the constitution for abridging M at uome ; heat the same time opposes every amelioration ot the penal laws, on the alleged ground of his abhorrence of even the shadow of innovation; he has stu(lio -ly set himself against Catholic emancipation ; he laboured hard in his vocation to prevent the abolition of the Slave Trade ; he was Attorney-General in the trials for High Treason, in 1794; and the other day, in givi.g his opinion on the Queen s Trial shed tears and protestecl his innocence before God ! This was natural and to be expected ; but on all occasions he is to be found at his post, true to the Bide of prejudice, to power, to the will of others and to his own in- terest. In the whole of his public career, and with all his goodness of \ disposition, he has not shown « so small a drop of pity as a wren s eye 1 ' He seems to be on his guard against every thing libcal, as his weak 1 side. Others relax in their obsequiousness, either from satietv or dis- ' "ust, or a hankering after popularity, or a wish to be thought above I *>%' Ixxx narrow Dreiudiccs. Rut ihe Chancellor alone is Hxcd ajvi immovo- llT It ant of understanding or of principle? No; .t .s want o tadna.onupble.-matic habit, an excess of false complaisance and of;";;^. numanity and justice are no better f- vague terms o l.im- he acts upon his immediate feelnigs and least irksome impulses. Tirking-rhand'ls velvet to the touch ; ^'--voolsack is a seat of ho^^^^^^^^ and profit. That h all he knows about the ^""^Jv .^^J^^^'^^^^^^^^^^ inctaphvsical calculations, the ox that stands staring at /h"^/"^' " thesre'et t.oubles Ins head asmuch about them as he ' -^ J^^ '' | last is a very good kind of 'Miimal, with no harm or spite in h.m, unle he is goaded on to mischie, and then it is necessary to keep out ol hi. way. or warn others against him! , .^ . ^ ,. j .„^ iooa ^' Extracted from the Denizes Gazette, June, 1 o .4. • No. 65. Our table is loaded with the complaints of worn-out and ruined heads of families, against Lord Chancellor Eldon, and the Court which be overhangs, as it^weie a perennial nightmare Neither Pub jc op - nion, nor parliamentary inquiry, nor the sense of right nor l'^ leel'"g of humanity, nor the promised approach of an even which levels all ranks, and crushes all perverted powers, and punishes all transgres- sions, whether negative or positive, seem to penetrate that case-hardened fortress in which the spirit of Chancery has for almost a fourth part ot a hundred years enthroned itself. No cries of distress can melt it-- all mortal arms rebound from its adamantine surface— neither motli nor mould have yet impaired its vigor; but Time, the consumer of al else beneath the sun, is himself devoured by the everlasting demon of the woolsack. It is vain and foolish to talk of the Court ot Chancery as of an abstract thing, which involves no personal considerations. That Court is identified with one living— we had almost said one im- mortal—man. Its abuses have all sprung to their full enormity under him. If he has not produced, he has reared, cherished, and protected them. Never did parent discover such impartial fondness for the several members of the most multifarious brood, as does the Chiel ot our Equity Courts, for even the most minute, most ofi'ensive, and un- si"htly of his begotten or adopted progeny. When accused, no matter what the complaint or who may be the assailant, no wdd ammal ever defended her young with more unreasoning and reckless animosity than does the father of English "Equitable Jurisdictions" the various vices with which they and their ministers stand charged. So hopeless seems a reform in Chancery, that the very commission for exposing the corruptions of that Court is itself tainted with them from top to bot- torn. When Mr. Williams made his first motion for inquiry, it took twelve months to get a cause heard, even in the Court of the Vice-Chan- cellor, from the time of getting it into the paper. Now, it can hardly come'before his honour in less than two years and a half or three years. The Master of the Rolls now and then hears some motions, and does little or nothing more ; but before my lord himself, an infant may grow " iVom the cradle to the crutch," between the putting him down for hearing, and sending away his cause decided. ajid immovc- ; it is want of nplaisance and vague terms to some impulses, seat of honour As to abstract the corner of does; yet this in him, unless iccp out of his te, June, 1 8'24. :)ul and ruined he Court which her public opi- nor the feelings which levels all ;s all transgres- it case-hardened a fourth part of ss can melt it — ; — neither moth consumer of all asting demon of lurt of Chancery considerations, ost said one im- cnormity under d, and protected bndness for the oes the Chief of fensivc, and un- cused, no matter Lvild animal ever ckless animosity ons" the various ?d. So hopeless for exposing the from top to bot- inquiry, it took f the Vice-Chan- )W, it can hardly I a half or three •s some motions, imself, Jtn infant 1 the putting him Ixxxi The heartbroken suitors arc struck mule and powerless, and have lost, in many instances, even to the faculty of murmuring at their un- worthy fate. It is from parliament alone that any good can be ex- tracted, or obstinacy in one man, and fraud in others, prevented from sweeping away, unredressed and unresisting, a fourth part of the present "eneratioh. , .^ The amount of property too, as well as the treatment it receives, ought to be gravely looked at by parliament. There is little less than forty millions of money locked up in this Tartarus, and enclosed by the brazen gates of Chancery, from which that which once enters is never seen to return—" Nulla vestigia retrorstm." Even of the treasure so deposited, the interest, it appears, is not regularly paid. N\e have bcloie us declarations from persons whose all is m the hands ot tie " Accountant-General" of the Court of Chancery, and who have not vet received the Michaelmas dividend from the Rank, because, it is surmised, the oOicers of the Accountant-Gcneral are shooting, or otherwise amusing themselves. This is very cruel, yet might be very easily reformed. ' But taking the tribunals of Chancery as a whole, we ask, can any honest man in the community point out an evil to com- pare with them f What man, or woman, or infant child in the empire, above the ranks of mere paupers, has not felt the sting of this tremen- dous power? What have the Catholics, as Catholics, fo plead in the way of wronowu Member subject v spoken ii story of i seeing il as a mar point ; I prison m< duct, an of treacl added. Thep of court and thin may see of The' that my Sil^illMl i lBiLi j Mn ents, false every ad- vhen there ill sympa- I was mad: y perceive icordingly, d to brand nmaculate. of a prac- ect of pity iroclaimed ever ready 3 ordinary '; far less ionment to II do. Yes, hat victory d disgrace, gly betray, real II re to Id, in com- as well as c. 24 ; but d hardened ve find him Mr. Gour- I poor gen- )f my peti- " During ^er, he has, amages for e find Mr. I suffered i: followed rst pillar in In suggesting )ruccedt;d frum any disrespect ment, or some. 2SC three years, rstood that pro- lody, he stands Ixxxvii ilie lobby, applied the whip to his shoulders as calmly as ever I chastised a child. Gook, the constable, willing to aggravate, swelled the account to " five or six smart blows ;'* but they were precisely three, and just sufficient to be felt. As it was politic for Mr. Brougham to reckon the blows less by one, so it was further advisable to lengthen the period since our last interview, and twice over he speaks of three years, whereas it was not yet two since he had presented my petitions, and not one since I had by letter accused him of treachery. He slates that he had been told that I was occasionally deranged ; but what was this but a masterly insinuation to impose on his hearers? Where is his informant; and what is his proof? Few have been more before the public in trying situations than myself. 1 am personally known in a wider circle than Mr. Brougham : have spoken, and written, and done, a great deal on both sides of the Atlaniir : but neither from word nor deed of mine can the slightest proof be adduced of insanity at any one moment of time. Suffering for years from nervous disease, I guarded against usual consequences by means which not one of a thousand would have had resolution for; of which I shall ever boast, and of which I have freely spoken. It was necessary to describe my situation when brought into court, at Niagara, after long and cruel confinement. This I did in a circular (A 2) sent to every member of the House of Commons, and again, in my Petition (A 6), entrusted to Mr. Brougham. In the former, it was stated that the action of the fresh air "produced the effect of intoxication." In the second, that my "faculties entirely forsook me." This was describing as nearly as possible my helpless condition ; yet, by no means ackt>owledging insanity : and, if it had, how shameful for a Member of Parliament to let it be recorded that a British subject was driven mad by colonial oppression, without a word spoken in his behalf. The truth is, Mr. Brougham got up his story of insanity to cheapen the affront of horse-whippmg ; and, seeing the success of his expedient, we must give him credit as a man of the world. Up to this time he has gained his point ; but if twenty years are added to these two last of im- prisonment, I shall be immoveable in my opinion of his con- duct, and ever ready to look him in the face, with accusation of treachery and falsehood of the most malicious kind super- added. The pretence that my petition could be presented as matter of courtesy, is most of all unblushing. No one can peruse it, andthink so foramoment: but, by looking back on No. 15, vie may see how the public were led into error as to this. The Editor of The Times, directed by the declaration of Mr. Brougham, that my petition was presented by him three years ago, turns > '■ Ixxxviii up the journals of 1821, discovers n petition there, presented for me by Sir James Maci..i.r Majt-.ty on the hrst of May last "n lm.Ml U.at month for a l.oarin,^ IUmu^ n.ior.ncl when e ,;.io.l oxpirod that your M..ie..y hud " «<> /u.,. /;/'.««^'' « i«Vy ««2/ annn,a„ds'on a «»l>ject to whuh ^as slakul h (Unirost inlmsts of n.v fan.ily. my sacrey winch powJr .n. bv uh-uh it must he n.aintainoci and by winch . m.y e t\,ken uvay when incompetent. Sire ! the law has anlhor.^ed lr.«l bv b tl e At vonr Majesty's c.ronalion, challenge was proclaimed, ad God himself has ap .rov'ed. In the lobby of the ''"-"f^ ;';;"■ mons, where riot conld not possibly enMu-, advisedly "'' ♦' '» "f, f/yj free of malice an.l every thouoht as to breach of privilege. I ren in led Mr Brougham ofbe.rayal of duly. I u.erely put ns honour to the U-st before CJod ami my country ; and in support ot "•'>"^' »"' ^ ^^J' " ling to hazard mv life, daring the w.>rld to accus. me ot augh mean, cowardly, or dishonourable. A >ear before hand, 1 acquainted Mr. Bronghani. that he had l.etrayed me ; and soon a ter put .no the hands of Mr. Hume, a I'elition bearing record ..t thrs wliith he re- fused to present to I'arliainent-a Petition which was torlliwth dt i- vered to the Lord Chancellor, to belaid betore Ills M^uesty will, other documents, showing to uhatdieudtui extremities 1 had been driven by misfortune and persecution. Sire ! so cautious was 1, as lo conduct, that my intention was made known months be ore execu- tion, and appn.vedof by a friend. My principle, were tijeii wr. ten down, subscribed lo, and seale.i : these principles 1 uflered to untold to any one Member of the Comm.Mis House of I'arliament, in a letter to the Speaker ; and these 1 will still unfold to any man ot honour, whom your Majesty may be pleased lo name, that his word may go forth to the world 111 my .juslifuatioii. • • n Sire ' after two honourable acquittals, on jury trial, in Upper Canada from false charges, I was imprisoned eight nionl is without benefit of bail, weakened and banished without the shadow of crime, from a counlry where I possessed, and sldl possess anded property, merely because an individual swore that 1 was seditious. For my conduct in the lobby of the House of Commons, I was conhned two weeks, cruelly insulted and denied a hearing, on the opinion ot two doctors, that 1 was of unsound mind, and afterwards committed to this receptacle for felons, where 1 have been upwards of hve months without an accuser and denied trial, solely because the same men confirmed their opinion with an oath.- Sire ! ignominious and corporeal suffering has ceased to disturb my peace, hopetul tlial manly endurance may i)urcliase deliverance for the public as well as myself :— that these unparalleled persecutions may beget mquiry ; ami that inquiry may procure a curb for arbitary power.— Sire! till tins is obtained neither person, nor property, nor reputation is secure;— till this is obtained, your Majesty reigns not over freemen, but slaves. 1 • 1 ,• I Addressing the King, who can do no wrong, for the third time, i have vet hope : I ask no favour ; 1 want naught but fair inquiry, . -' ' .. . . M. .__... 1.. :..i .. eoinniission to and most earnestly entreat ijesly to appoint m^M n visit, examine, and assist mo, if found worthy. I ask that this commission may, in the first place, peruse the statement above spoken of— Fourteen Petitions, written by me, presented to the House of Commons, and printed in its journals durnig the hist four Sessions— my Petition to your Majesty in Council— my [etitioii to the House of Lords— a Petition addressed to the Lord Iligli Chan- rcllor, and papers committed to his Lordship's care, in Aufjust, lft23, together with this and my two former letters to your Majesty. These documents will not only speak for my soundness of mnid, but evmco its strength : they will show that throughout the greatest trials of adversity, I have ever kept in view plans for bettering the condition of the labouring poor, and for establishing a grand system of emi- fjration in connexion therewith— objects of vital and pressing imp ^ to the peace, prosperity, and happiness of the nation.— Sire ! let me but have the assistance'of a few liberal-minded men during the ensu- ing month of January, and I pledge myself to put these plans in shape for the investigation of Parliament against its sitting. O ! Gracious Sovereign, let no unworthy contempt avert your countenance: let not narrow-minded and self-interested men per- suade your Majesty to be indifferent to the call of honesty, trom whencesoever it proceeds. Let not me, however fallen, and how- ever low. be beneath voiir royal regard.- Remember that clemency is the brightest ray which can be emitted from the crown, and that Divinity hath condescended to converse with fallen man.— Remember Uiat the British Sovereign reigns only for the happiness of his people ; —that power is held only in trust for them.— Remember that tliougli banished from a province, I am yet your Majesty's subject -.—that, though bodily imprisoned, my mind is yet free- my heart yet warm— my loyalty yet unshaken: that, I am here at homo, not soliciting charity, but calling for Justice, and ■^^^■^^^^^;^ ^^'^^^^^^^^^ House of Correction, Cold Bath Fields. Sir» REPLY. Whitehall, Uth January, 1825. I am directed, by Mr. Secretary Peel, to acquaint you, that be has laid before the King your Petitioii,| dated tlie 3J Decem- ber, but not received at this office until the 3d instant ; and that he has not felt it consistent with his public duty, to advise His Majesty to give any directions thereon. 1 am further to inform you, that nothing is now, orcver has been, during your present confinement, necessary for ensuring your dis- charge, except that you should find the security required by the act 39thand 40th George IIL I am. Sir, Your most obedient humble Servant, H. HOBHOUSE. Mr, Robert Gourlay. (A. 2.) CIRCULAR. TO MEMBERS OF THE IMPERIAL PARLIAMENT. London, June 10, 1820. SIR, was THE following Statement, with Documents, offered for publication, last January, to se."eral Newspaper Editors, both iii Edinburgh and London. rmmediately afterwards, the King's death, and consequent dissolution of Parliament, delaying the pt incipal intention, the publication tvas not pressed. On reviewing this Statement, after it has been wrtttenftie months, I see nothing material in it to von-ect, and think it the best brief introduction to the business to which I now most earnestly solicit your attention. , , . , . j. The importance which I myself attach to this business may be estimated by the solemn asiarance that I crossed the Atlantic for the express purpose of submitiing it to the Prince and Parliament of Britain, and that I am now come up to town from Scotland solely with this view. It is not my individual interest which has urged me thus far. I, no doubt, shall be gratified if this can be advanced, or if lean have an opportunity of wiping off the stain so cruelly cast upon my reputation ; but, before God, I declare that these are comparatively small objects when placed beside that which aims at maintaining, in my person, the abstract right and honour of a native-born British Subiect. On this account. Sir, I am free in addressing you, and sanguine of having your assistance. The Documents here produced will, I conceive, sufficiently put you .n possession of the case : but I shall, with gladness, wait upon you any where, in town, to converse on the subject, or receive com- munications thereon, addressed to me at Cooper's Hotel, Bouverie- Stf*€€t The Sketch of a Petition to the Commons House of Parliament is not that ivhich I may ultimately ad^pt. It is here exhibited partly for the purpose of explaining my views and arguments — partly iJ give a lead to those who may be so friendly as to correct my errors or assist my endeavours. For like purposes I have also annexed a Sketch of a Petition to the King in Council. You will observe, in the Statement some bold assertions made by me as to the capabilities of Upper Canada; and, although I am desirous, in the first place, to have my particular case discussed, I wish it to be clearly understood that, up to this moment, I flinch not from any thing that I have sair, and shall be willing, if called on, to give explanation as to the practicable fulfilment of my asser- tions at the bar of your House. From the Morning Chronicle of 29th April last, I copy the fol- lowing conversation held in the House of Commons, the day preceding. " Lord A. Hamilton would suggest an emigration to our colonies ♦• in North America, as the most effectual means of mitigating •" distress. *5 " The Chancellor of the Exchequer said, His Majesty^s Mini- " stert were disposed to adopt exery measure which could really con- " tribute to the "relief of the distresses of the labouring classes. " Above 5000 persons had embraced the offers of Government and «' sailed for the Cape of Good Hope. With respect to the proposal " of einigruting to North America, the Noble Lord was, perhaps, " not fully aware of the present condition of persons who had ac- " tually gone there. So far from finding increased means of sub- " sistence, the last accounts proved, that they had experienced •• a want of employment fully equal to that which existed in the " most distressed manufacturing districts of this country. Govern- " ment were disposed to give. every facility to any practicable scheme " for mitigating the distresses of the people ; but, before they con- " signed them to a foreign shore, it would be prudent to ascertain '* how far their condition was likely to be improved. The North " American Provinces of Great Britain had been so overloaded with " emigrants, that the government of Canada had made the strongest ♦• remonstrances to this Government on the subject. He was not " prepared to submit any plan to the House, and he repeated, that " before the proposition of the Noble Lord were entertained, it " would be wise to wait for some account of the progress of the co- " lony of the Cape of Good Hope. *• Mr. Finlay said, that he, as well as the Noble Lord, had re- " ceived applications from persons who were extremely anxious to " emigrate, but who were wholly destitute of the means." Now, Sir, I do assert, that, ly proper management, the miseries experienced by emigrants going out to Canada might be averted ; .and that even p?op!e " destitute of means" could be comfortably settled there : in short, that plans could be adopted to realize every benefit to Canada and Britain which you will find mentioned be- low. Having said thus much, it remains for me only to subscribe myself, Your fellow-subject and client, ROBERT GOURLAY. STATEMENT. To Editors of British Newspapers, Craigrothie, Fifeshire, Jan. 3, 1820. Gentlemen, I landed at Liverpool, from Quebec, the 2d December, and have since learned, th^'l, during the last two years, my name has frequently appeared in your columns, connected with certain political movements in Upper Canada. By consulting the files of various newspapers, 1 have discovered that very great mistakes have pre- G vailed as lo Canadian affairs, and that calumnies, both false and malignant, have been propagated with regard to me. „ ^ , Af a sp;cimen of thLe,' it l.as been published that I ^vas ' One o .' the worthies who escaped f'""'" SP^'^.^^' .''"^'t fZ^'^^^^^^^^^^ been made to impress a belief on the public muid hat my opera- tTrs in Canada were connected with the schemes of Messrs. Cobbett and Hunt in England. The very contrary of al this is true. In consequence of unavoidable change of foi tune. I went out to Upper Canada, where 1 had many friends, in the summer of 1817. solely with a view to ascertain whether it would be prudent to re- move my family thither. My intention of going there ««s a»"«"';<;«; more ihan a year before I set out, and. my wish was not to be more than six months from home. r • ,i • „„.,nfr« i Though a sincere friend to parliamentary refL>rm in this country I had repeatedly published, before going abroad, my opinion of the improprietv of holding large irregular meetings for that purpose, and particularly reprobated those of Spahelds. No man car. show that I was ever connected in politics with a single individud in Britain ; and it must be well remembered m Wilts^iue tha I stood forward in opposition to Messrs. Cobbett and Hunt, at the coiintv meeting held there in 1810, when llieir object was to run dowirthe property- tax. So very decided and serious was I «n that occasion, that I caused to be stuck up, in every corner of the county a placaid, declaring, that, «' bt/ a well modified property-tax, and by that alone, could the country be preserved in peace. In Upper Canada my efforts had no view whatever to a reform ot Parliament. The people there have a perfect representation, and before long they will make a better use of it than they have hitherto done. Soon after my arrival in that country, I viewed it as the most desireable place of refuge for the redundant population ot Britain, and I conceived schemes for promoting a grand system of emigra- tion. Nothing could be more palpably innocent than my hrst pro- posals, yet they were opposed, and from reflections springing out ot the nature of this opposition, I became convinced, that without par- liamentary inquiry into the state of the Province, every effort towards liberal improvement would be futile and vain. I prolonged my stay till the meeting of the Provincial Parliament that I might press a refer- ence of certain matters to the Prince and Parliament at home. A vote of inquiry was carried in the Commons House of Assembly ; but immediately afterwards a dispute having arisen between that body Hijd the Legislative Council, the Parliament was suddenly prorogued, itsbusiness unfinished. •, , . • j At this juncture, and without the slighsest idea of evil, I advised the people to raise a subscription, and send home Commissioners to intreat attention from the Throne to the affairs of the province. It was necessary to hold a meeting of deputies for the purpose in view, and to this meeting I inadvertently gave the name of Convention, a name in every-day use over America, and applied to all sorts of meetings, both civil and sacred. On this occasion, it proved lo be- — . " A word of fear. Unpleasant to the guilty ear " The Executive o? Upper Canada took alarm. In sonic dlstriclsi where the people had little information from newspapers, the most outrageous opposition was set on foot by creatures in office ; and, to cause a general panic, I was twice arrested, and held to bail for iippearance to answer charges of seditious libel. Notwithstanding all this, respectable deputies were chosen through- out the greater part of the Province, and they met openly in Con- vention at York, the capital. By this time, the Duke of Kichmond and his son-in-law, had been anno^unced as Governor and Lieuleuant- Governor of the Canadas. I conceived favourable impressions of their liberality, and j\idging that the agitation excited, could not fail to impress serious notions of the importance oi inquiry, advised the Convention to refer its cause to the Lieutenant-Governor and Gene- ral Assembly. After this, I stood two trials, and was twice honour- ably acquitted. The people were now sanguine that all would go well, when, to their astonishment, the Lieutenant-Governor having met the Parliament, hinted that sedition existed, and procured a law to prevent, in future, meetings by deputy. The discontent created by these measures, libelling the most loyal men, and without any proof of necessity circumscribing general'liberty, was universal; yet, nothing more was resolved on by the people, but to clear the House of Assembly, at next election,' of members who had balked their expectations. To me, who invere Sous; but this conduct only exposed to fuller v.e^y the nTZence by «hich they >vere actuated Al hope of co"v.ct.ng me of crime seemed to di'e away, and. after three "^o"th«.,f «"fi" . nient. it was whispered that I should not be r.ed for sedition bu s mnlv for not having obeyed the order to quit the Provnce Tin could not believe possible. In the mean time I '»« '»»%d a su for false imprisonment, and wrote off to various quarters for lega advice. From Montreal-frora Edinburgh-frora London, the re- ^i^sof most respectable lawyers were uniform tha my imprison- ment was illegal ; and the late Sir Arthur Piggott declared, that not Tly Thould Uie Chief-Justice of Upper Canada have granted my Ely, applied for by writ of Habeas Corpus, but that a good action lay against the magistrates who had imprisoned me. AmcuS the matters which the Convention had in view was one to call Uie Royal attention to a promise held out to the Militia during Zr, that grants of land should be made to them m recompense for Their extraordinary exertions. It had been the policy o^ the United Spates to hold out offers of land to their troops who invaded Canada,-offers, without which they could not have raised an army for that purpose, and these offers had been punctually and libera ly fulhlled the moment that peace was restored. On the British side three years had passed away without attention to a promise which the Canadian Militia kept in mind, not only as it concerned their interest, but their honour. While the Convention trusted the consideration of inquiry to the Lieutenant-Governor and Assemb y. they ordered an address to be sent home to His Royal Highness the Prince Regent, as a matter of courtesy and respect, having annexed to it the rough sketch of an address originally intended to be borne home bv a commission, in which sketch the neglect of giving land to the Militia was, among other matters, pointed out. This sketch too, having been printed in America, found its way into British "^nEe? 1819. the Lieutenant-Governor of Upper Canada sum- moned the Assembly to meet a second time, and. in his speech, notified that he had received an order from His Royal Highness the Prince Regent, to grant land to the Militia, but that he himself should think it proper to withhold such grant from those persons who had been members of convention. The injustice of this measure was instantly in the mouth of every one, and the very Sheriff who held me in charge scrupled not to signify how it would eo should the Province again be invaded, while at that very moment ft was thought by many that a war with the United States would grow out of the affair of Ambristier. The members of convention had met at York prior to any law to prevent the meeting of delegates : they had met in compliance with the desire of many thousands of their fellow-subjects, and were wholly unconscious of evil: they were men of tried loyalty : they had held militia commissions during the war: some had been wound- ed, some had been taken prisoners, and all had behaved well. Most of them owned more land than they could dispose of, and any gift of land could be to them a mere pledge of approbation for duty performed to their Sovereign and country. Several weeks passed away, while it was anxiously hoped that the Assembly would mark its disapprobation of the opening speech, but approval was at last carried by the speaker's vote, and the Legislative Council concurred in language the most direct and submissive. To me such conduct seemed subversive of every hope that Upper Canada could be retained to Britain in the event of war, and to startle those who so thoughtlessly put it in jeopardy into a consider- ation of consequences, I seized my pen, and called on God to assist my endeavours. My writing, when published, was voted by the Assembly to be libel, and the Lieutenant-Governor was solicited to order prosecutions. The Editor of the Newspaper, who had bad the assurance of a magistrate that he should not be molested while he had the manuscripts of authors to produce, and who was on this occasion wholly ignorant of what was printed in his office, being 150 miles from home, was seized in his bed during the middle of the night, hurried to Niagara Jail, and thence, next morning, to that of York, where he was detained many days out of the reach of friends to bail him. After this he was led round the country nearly a hundred miles, exposed to view as a malefactor of the worst kind, all clearly for the purpose of working unfavourable impressions against him ; and, to be sure, he was finally convicted on a charge which, from its nature, the author alone was com- petent to repel. My treatment was still more wantonly cruel. After two months' close confinement in one of the cells of the jail, my health had begun to suffer, and, on complaint of this, the liberty of walking through the passages and sitting at the door was granted. This liberty prevented my getting worse the four succeeding months, although I never enjoyed a day's health, but by the pow^r of medicine. At the end of this period I was again locked up in the cell, cut off from all conversation with my friends, but through a hole in the door, while the jailer or under-sheriff watched what was said, and for some time both my attorney and magistrates of my acquaintance were denied admission to me. The quarter sessions were held^oon after this severe and unconstitutional treatment com- menced, and, on these occasions, it was the custom and duty of the grand jury to peraff-brlate the jail, and see that all was right with the prisoners. 1 f *red a memorial for their consideration, but, on this occasion, was not visited. I complained to a magistrate through the door, who promised to mention my case to the chair- man of the sessions, but the chairman happene'i to be brother of one of those who had signed my commitment, and the court broke up without my obtaining the smallest relief. Exasperation of mind, now joined to the heat of the weather, which was excessive, rapidly wasted my health and impaired ray faculties. I felt my memory sensibly affected, and could not connect my ideas through anv length of reasoning, but by writing, which many days I was wholly unfitted for by the violence of continual 10 Iiead-acli. Immediately before the sitting of the assizes the weather became cool, so that I was able to apply constantly for three days, and finish a written defence on every point likely to be questioned on the score of seditious libel. I also prepared a fornial protest against any verdict which might pass against me, as subject to the statute^ under colour of which I was confined. It was again reported that I should be tried only as to the fact of refusing to leave the Province. A state of nervous irritability, of which I was not then sufficiently aware, deprived my mind of the power of reflection on the subject : I was seized with a tit of con- Tulsive laughter, resolved not to defend siich a suit, and was, per- haps, rejoiced that I might be even thus set at liberty from my horrible situation. On being called up for trial, the action of the fresh air, after six weeks' close confinement, produced the effect of intoxication. I had no control over my conduct, no sense of con- sequence, nor little other feeling but of ridicule and disgust for the court which countenanced such a trial. At one moment I had a desire to protest against the whole proceeding, but, forgetting that I had a written protest in my pocket, 1 struggled in vain to call to mind the word protest, and in anotiier moment the whole train of ideas which led to the wish iiad vanished from my mind. When the verdict was returned,' that I was guilty of having refused to leave the Province, I had forgot for what I was tried, and a^ronted a juryman by asking if it was for sedition. Gentlemen, these are melancholy particulars, and so £ir as they concern myself only, I certainly should be inclined to conceal them. As they concern the legislation and spirit of governing in a British Province, I have thought it my duty to offer the considera- tion of them to the public prior to submitting the same to the Prince lind Parliament of this country, for which purpose I more especially «ame home. It is my wish to return to Upper Canada, and to stand any fair trial for alleged crime : it is my wish to promote the settlement of titat Province with British subjects; but what British subject of spirit would settle in a country where, in a moment, he may have to bow to arbitrary power, or be turned adrift in a foreign land, the sport of calumny, injured in health, and ruined in the fair expectations of doing well for his family 1 I annex a copy of the statute under colour of which I was im- prisoned and banished, togctlier with the order served upon uie to quit the Province, after having resided there more tha^i a year. When these documents are examined, in connexion with the above statement, I shall ask the public to consider whether there is not reason for instant parliamentary inquiry, and if such inquiry is instituted, I pledge myself to show that Upper Canada, instead of costing this country a large sum of money to maintain it, could yield annually a handsome revenue to the British Government: that, instead of remaining the poorest, it may speedily become the richest part of North America : that it may this very year give employment and bread to 50,000 of the porr inhabitants of Britajn, and, for many years to come, afford annually a similar drain fof- redundant population i-^-lastly, that it may be made a permaneut w\A secure assizes the onstantly for likely to be red a fornial ?, as subject > the fact of ritability, of mind of the fit of con- id was, per- ty from my ction of the the effect of ense of con- igust for the ent I had a rgettiiig that II to call to lole train of liiid. When I refused to ud a^'ronted >o £ir as they I to cpnceal Dveriiing in a e coasidera- to the JPrince tre especially cida, and to promote the what British moment, he t in a foreign iiined in tiie h I was iiu- upon nie to a year. [)n witji the ?ther there is ch inquiry is a, instead of ain it, could nmeut: that, le the richest employment ijn, and, for >r redundant aiKl secur« 11 bulwark to the British empire, instead of being a lure to its invasion and downfall. These, Gentlemen, are bold assertions; but they arc not only bold ; they are rational and sincere, and they proceed from a mind which has'been devoted for two years to reflections on the subject —a mind which has sustained itself under every reasonable trial, and which has not yet entirely sunk beneath the most odious per- secution. , . „ ROBERT GOURLAY. An Act for the better securing this Province against all Seditious Atiempts or Designs to disturb the Tranquillity thereof. (Passed dth March, 1804.^ Whereas, it is necessary to protect his Majesty's sub- jects of this Province from the insidious attempts or de- signs of evil-minded and seditious persons ; and, whereas, much danger may arise to the'^ public tranquillity thereof, from the unrestrained resort and residence of such persons therein : Beit therefore enacted, by the King's most excel- lent Majesty, by and with the advice and consent of the Le- gislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of, and under the authority of an act passed in the Parliament of Great Britain, intituled " An Act to repeal certain Parts of an Act passed in the fourteenth Year of his Majesty's Reign, intituled ' An Act for making more eflfectual Provisions for the Government of the Province of Quebec, in North America, and to make further Provision for the Govern- ment of the said Province,'" and by the authority of the same. That, from and after the passing of this Act, it shall and may be lawful for the Governor, Lieutenant- Governor, or persons administering the government of this Province, for the Members of the Legislative and Execu • live Councils, the Judges of his Majesty's Court of King's Bench, for the time being, respectively, or for any per- son or persons authorized in that behalf, by an instrument under the hand and seat of the Governor, Lieutenant- Governor, or person administering the government for the time being, or any one or more of them, jointly or sepa- rately, by warrant or warrants, under his or their hand and seal, or hands and seals, to arrest any person or per- sons not having been an inhabitant or inhabitants of this Province for the space of sin months next preceding the date of such viarrant or warrants, or not having taken the oath of allegiance to our Sovereign Lord the King, who, by words, actions, or other behaviour or conduct, hath or haH endtavoured, or hath or have given just cause to sue- Preamble- Governor, &r. empow- ered to au- thorize cer- tain persons to arrest of- fenders a- gainst tliii act. J i Offender* to depart tbe Province or give secu- rity, &c. Time for Offenders leaving the Province may be en- larged. pect that he, she, or they, is or are about to endeavour to alienate the minds of his Majesty's subjects of this Pro- vince from his person or government, or in anywise with a seditious intent to disturb the tranquillity thereof, to the end that such person or persons shall forthwith be brought before the said person or persons so granting such warrant or warrants against him, her, or them, or any other per- son or persons duly authorized to grant such warrant or warrants by virtue of this act ; and if such person or persons not being such inhabitant or inhabitants as afore- said, or not having taken such oath of allegiance, shall not give to the person or persons so granting such warrant or warrants, or so authorized as aforesaid, before whom he, she, or they shall be brought, full and complete satisfac- tion that his, her, or their words, actions, conduct, or behaviour had no such tendency or were not intended to promote or encourage disaffection to his Majesty's person or government, it shall and may be lawful for each or any of the said persons so granting such warrant or warrants, or so authorized as aforesaid, and he and they is and are hereby required to deliver an order or orders, in writing, to such person or persons not being such inhabitant or inhabitants as aforesaid, or not havtng taken such oath of allegiance requiring of him, her, or them, to depart this Province within a time to be limited by such order or orders, or if it shall be deemed expedient that he, she, or they should be permitted to remain in this Province, to reiquirs from nim, her, or them, good and sufficient tecurity, to the satisfaction of the person or persons acting under the authority hereby given, for his, her, or their good behaviour, during his, her, or their con- tinuance therein. II. And be it further enacted by the authority afore- said, That if any person or persons, not being such in- habitant or inhabitants as aforesaid, or not having taken such oath of allegiance, who, by any order or orders so delivered to him, her, or them, is or are required to de- part this Province within a time limited by that order, should by sickness, or other impediment, be prevented from paying due obedience to the same, it shall and may be lawful for the person or persons who bath or have issued such order or orders as aforesaid, or for any other person or persons aforesaid authorized by this act so to do, {the per^n or persons acting under the authority hereby given, being first satisfied that such impediment by sick- nefis, or otherwise, ought to be admitted as a reason for such order as aforesaid not having been obeyed,) by an indorsement in writing upon the said order or orders, or otherwise in writing to enlarge the time specified in the said order or orders, from time to time, as occasion may require ; and if any person or persons so having been re- quired or o not having ner herein-1 or return either of si Lieutenant- ment for tl person or or either < shall have upon such ur otherwis he, she, oi the minds < his person intent to di be lawful i sons so au they is and under his < commit sui returning I said, or so he, she, or the minds in anywise thereof, t Sheriff of be no jail mainprize, from the ministering she, or tfa Majesty's miner and any speci; issued by administer time beiuj such inhal taken suci any of thi the said < adjudged or to be ii over to th there shal by such ji depart tb convicted rfiturn th 13 quired or ordered to quit this Province as aforesaid, and not liaving obtained an enlargement of such time, in man- ner herein-before specified, shall be found at large therein, or return thereunto, after the time limited by any or either of such orders, without licence from the Governor, Lieutenant-Governor, or person administering the govern- ment for the time being in that behalf, or in case any person or persons who shall have been served with any or either of such order or orders as aforesaid, or who shall have been permitted to remain in this Province, upon such security as aforesaid, shall by words, actions, or otherwise, endeavour, or give just cause to suspect, that he, she, or they, is or are about to endeavour to alienate the minds of his Majesty's subjects of this Province from his person or government, or in anywise with a seditious intent to disturb the tranquillity thereof, it shall and may be lawful for any one or more of the said person or per. sons so authorized by this act as aforesaid, and he and they is and are hereby required by warrant or warrants under his or their hand and seal, or hands and seals, to commit such person or persons so remaining at large or returning to this Province without such licence as afore- said, or so endeavouring, or giving cause to suspect, that he, she, or they, is or are about to endeavour so to alienate the minds of his Majesty's subjects of this Province, or in anywise with a seditious intent to disturb the tranquillity thereof, to the common jail, or to the custody of the Sheriff of the district, in such districts in which there shall be no jail at that lime, there to remain, without bail or mainprize, unless delivered therefrom by special order from the Governor, Lieutenant-Governor, or person ad- ministering the government for the time being, until he, she, or they, can be prosecuted for such offence in his Majesty's Court of King's Bench, or of Oyer and Ter- miner and general jail delivery in this Province, or under any special commission of Oyer and Terminer to be issued by the Governor, Lieutenant-Governor, or person administering the government of this Province for the time being; and if such person or persons, not being such inhabitant or inhabitants as aforesaid, or not having taken such oath of allegiance, shall be duly convicted of any of the offences herein-before described, iu either of the said courts respectively, he, she, or they, shall be adjudged by such court forthwith to depart this Province, or to be imprisoned in the co- on jail, or be delivered over to the custody of the Shei.„ »a such districts in which there shall be no jail at that time for a time to be limited by such judgement, and at the expiration of that time, to depart this Province ; and if such person or persons so convicted as aforesaid shall remain in this Province, or return thereinto, after the expiration of the time to be If after tc curlty given persons give cause to sus- pect, &c. Such per- 101) to be committed. Punish- ment if con- victed. Prtof to W.y on the perion cbarged. If any per- son Biiing under colour of this act become non-suited, etc. Treble costs. 14 limll«! by the said judgement, without liccirce from ttie Governor, Lieutenant-Governor, or person administering the government for tlie time being, in that behalf first had and obtained, such person or persons, on being duly con- victed of so remaining or returning, before either' of the said courts, shall be deemed guilty of felonV, and shall suffer death as a felon, without benefit of clergy. Pro- vided always, that if, in the execution of the poweri hereby given, any question shall arise, touching or coii- cerning the space of time tluring which any person or persons shall have been an inhabitant or inhabitants of this Province, previous to any warrant or warrants having been issued against him, her, or them, or touching or concerning th« fact of any person or persons having taken such oath of allegiance, the proof sliall, in all such cases, lay on the party or parties against whom any such warrant or warrants shall, in virtue of the powers hereby given, h&vi been granted or issued. III. And be it further enacted by the authority afore- said, That if any person or persons, at any time shall be^ sued or prosecuted for any thing by him or them donef in pursuance, or by colour of this act, or of any matter or thing therein contained, such action or prosecution shall be commenced within three calendar months next after the oflFence shall have been committed, and such person or persons may plead the general issue, and give the special matter in evidence for his, her, or th^ir defence, and if, upon trial, a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs, shall become non-suited, or shall discontinue his, her, or their suit, or prosecution, or if judgement be given for the defendant or defendants, upon demurrer or otherwise, such defendant or defendants shall have treble costs to him or them awarded against the plaintiff^ or plain- tiffs; ORDER OF COMMITMENT. George the Third, by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, Sfc. To our Sheriff of the District of Niagara, keeper of the Jail therein, or to the Jailer thereof, greeting. WHEREAs;byarract of thePrdVincial Parliament of Upper Canada, passed in the fdrty-f6uHh yei^r of o\irrdgtt, intituled " Ati Act fof *' the better securing this Prbvince agairist all seditious Attempts or *' Designs to disturb the tranquillity thereof," it is enacted lhdl\Jiert that part of the act recited which is printed above in italids.] ^ And, whereas, we William Claus and Wiriiani Dickson, each a \ 16 tucmber of our Legislative Council of the said province of Uf>per Canada, duly autliorised in and by virtue of the said act, did, on the information and complaint of Isaac Swayze, one of the members of tile House of Assembly, on oath made before the said William Dick- son, that one Robert bourlay, now in the town of Niagara, in tlie County of Lincoln, in said Province, who, the said Isaac Swayae believes to have no particular or fixed place of residence, is an evil- minded and seditious person, and that the public tranquillity of said Province may be endangered by the unrestrained residence of such a person, and that the said Robert Gourlay, by words, actions, writ- ings, and other behaviour, hath endeavoured, and is endeavouring to alienate the minds of our subjects in this Province from our person and government, and that the said Robert Gourlay, if in his power, from his language, words, and writings, is endeavouring to raise a rebellion against our government in this Province, and that Isaac Swayze verily believes that the said Robert Gourlay has not been an inhabitant for six months preceding the date of the said information, and had not, at the time of said information, taken the oath of allegiance to us : and whereas, a warrant was granted and tested in the name of the said William Dickson and William Claus, dated the 10th day of December, now last past, and directed to the Sheriff of our district of Niagara, requiring hira to arrest the said Robert Gour- lay, to the end, that he might be brought before the said William Dickson and William Claus, or either of them ; and whereas the said Robert Gourlay was accordingly brought up before the said William Dickson and William Claus, on the 21st day of December, now last past, and being examined, touching the said information, and of and concerning his words, actions, conduct, and behaviour; he did not give full and complete satisfaction to the said William Dickson and the said William Claus, that his words, actions, con- duct, and behaviour had no such tendency ; on the contrary, that these were intended to promote disaflfeclion to our person and govern- ment ; and having given no satisfactory proof that he has been in- habitant of the said Province for the space of six months preceding the date of such warrant, nor did he prove that he had taken the oath of allegiance to us, as by the said act is mentioned ; and whereas the said William Dickson and William Claus did thereupon deem it inexpedient under the provisions of the said act, that the sajd Robert Gourlay should be perpiilted to remain in this Province ; and did adjudge that ihe said Robert Gourlay should depart this Province of Upper Canada ; oq or before the first day of January next ensuing, thereof, and was required so to depart this Province, by an order in writing to that effect, and personally delivered to him, at ^he Court; House for said district, on the said 21st dsy of December, now last past. And whereas information hath been given, that the said Robert Gourlay hath not departed this Province on or before the 1st day of January instant, the time limited in the said order m writing, bMt still abides aqd is at large therejo. These are therefore, in pursuance of the said before recited act, to authorise and require vou, if the said Robert Gourlay shall be iitei 10 found at large in your dinlricl, to commit liini lo the common jail thereof, there to remain without bail or mainprize, unless delivered therefrom, as the said act directs. Witness, William Clans and William Dickson, Legislative Coun aellors as aforesaid, under the hand and seal of each, this 4th day ul January, in the year of our Lord, one thousand eight hundred ariU nineteen, and of our reign the fifty-ninth. (Signed) WILLIAM DICKSON, WILLIAM CLAUS. PROCESS TO PROCURE ENLARGEMENT. To the Honourable William Dummer Powell, Chief Justice of tht Court of King's Bench of Upper Canada, and the rest of the Jut- tices of the said Court, or any one of them, THE PETITION OF RODEKT GOURLAY, ESQ. Humbly Showeth That your Petitioner is now a prisoner in the Jail of Niagara Dis^ trict, by virtue of j Warrant of Commitment, wliereof a copy is annexed. That your Petitioner, humbly apprehending he is not a person of that description against whom such warrant can legally be issued, as he believes will fully appear from the Affidavits annexed, and, iiir asmuch as he has not heretofore been called upon, or had an oppor- tunity of showing the fact, prays for a writ of Habeas Corpus, and, as bound in duty, will pray. Dated at the Jail of Niagara, the 13th day of January, 1810. (Signed) * Kobt. Gourlay. Witoess, Wm. Kerr, 1 John Moffatt. J NOTE. The following extracts from Sir Michael Fonter t Crown Law are to flic point, while investigating the legal and constitutional conatructioii of the above provincifti statute. They will show that the act refers to local not natural allegiance, and there- fore cannot affect a natural-born subject. Page 60, 3d edition—" It is not in the power of any private subject, to shake off his allegiance and to tranifer it to a foreign Prince. Nor is it in tlie power of any foreign Prince, by naturalizing or employing s subject of Great Britain, to dissolve the boad of allegiance between that subject and thr iTown." Page 183. " With regard to natural-born subjects there can be no doubt. They owe allegiance to the Crown at all times and in all places. This is what we call natu- ral allegiance in contra-distinction to that which is local. The duty of allegiance, whether natural or local, is founded in the relation the person standeth in to the Crown, and in the privileges he deriveth from that relation. Local allegiance is founded in the protection a foreigner enjoyeth for his person, his family, or effects, during his residence here ; and it ceaseth whenever he withdraweth his family and effects. Na- tural allegiance is founded in the relation every roan standeth in to the Crown, con- sidered as the head of that society whereof he is bom a member ; and on the peculiar privileges he deriveth from that relation, whic; are, with great propriety, called his birthright. This birthright nothing but his own demerit can deprive him of : it is in- defeasible and perpetual ; and, consequently, the duty of allegiance, which ariseth out of it, and is inseparably connected with it, is, in consideration of law, likewha unalienable and perpetual. ' A 0£^ XUUi . luicCitun utiu aitcgiaUcc arc rcxiprocai ODUgati^OS." iM 17 AFFIDAVITS. Dinlrid of) Petrr Hamilton, of the township of Niagara, in ]Siagara, > the province of Upper Canada, makelh Oath and saith, m. S that he hath seen Robert Gourlay, Esq. lately in \\w ji n of this district, and that he knew the same person and \m connexions and friends heretofore in Britain ; and that he was tliere respected, esteemed, and taken to be a British snbject ; and that he is so this Deponent verily believes is notoriously true in this disl"t*- ^ .. .. (Signed; P. H. Hamilton. Sworn before me, the 0th day of 1 January, 1810. S )N. j.r. ) Alex. FIamiltoi Magani ) Ronr-uT Gourlay makelh Oalh and sailli, thai he is, District. >by birth, a British subject, tl»at he hath taken the Oath viz. ) of Allegiance to our Lord the present King of Great Britain, and thai he has been an iidiabitant of the province of Upper Canada now more than a year preceding the dale of the war- rant first issued against him by the Hon. William Dickson an Esq. makelh Oath and saith that Robert Gourlay, viz. } Esq. who is now confined in the jail of this district, has been domiciliated at Queenslon, in the province of Upper Canada, more than nine months next preceding the dale of this deposition; and this Deponent further makelh Oath and saith that he hath al- ways understood and verily believes the said Robert Gourlay to be a natural born subject of Great Britain. (Signed) Robert Hamilton, Sworn before me, this 12lh day ^ of Janutry, 1819. > (Signed) James Kerby, J. P. 3 WRIT OF HABEAS CORPUS. Upper Canada, 1 George the Third, by the Grace of God, of the Home District, > United Kingdom of Great Britain and Ireland, to wit. ) King, Defender of the Faith, &c. To the keeper of our Jail of Niagara greeting, — We command you that you have the body of Robert Gourlay, Esq. detained in prison under your custody as it is said under safe and secure conduct, together with the day and cause of his being taken and detained by whatsoever name he may be called in the same, before the Hon. Wm. DiiMMER Powell, our Chief Justice of our Province aforesaid, at his chambers, in York, in the Home District of our said Province j> 18 immeiJialeiy aftor lite iTcoipl of this Writ, to do, submit, and re- ceive all and sinj^nhir tiiosc liuii<,'s which our Chief Justice shall the., and there conbidcr of him in tiiis behalf, and have then there this Writ. Witness, tlie lion. IJuMMEf. I'owEiL, our Chief Justice, aforesaid, at York, the tweiilieth dav of January, in the fifty-ninth year of our reign. Per statutum trictsimo prim Caroli Secundi regis. (Sig:.ied) Wm. DuMMER Powell, C.J. Remand— mrfontrf on the back of the above Wrii. The within-named Robert Gourlay being brought before me, al my chambers, at York, required to be admitted to bail,* Rs not being a person subject to the provisions of the Act of His Majesty, chap.l; and the warrant of commitment appearing to be regular, according to the provisions of the Act which does not authorize bail or mainprize, the said Robert Golhlay is hereby remanded to the custody of the sheriff of the district of Niagara, and the keeper of the jail therein, conformable to the said warrant of commitment. (Signed) Wm. Dummer Powell, C.J. York, 8tli February, 1819. (A. 3.) To the Honourable the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled. THE PETITION OF ROBERT GOURLAY.t Humbly showclh.. That your Petitioner is a native of ti;e parish of Ceres, in the county of Fife, in Scotland, and thence conceives himself entitled to all the coriStitntional privileges of a British subject. That your Petitioner was born to the inheritance of considerable landed estates, and did entertain, till the year 1815, fair hopes of in- dependent fortune -.—that then, in the thirty-eighth year of his age, being married and having five children, he found himself, by causes which he could neither foresee nor prevent, sunk into a state of pre- carious dependence: — that, after more than a year's reflection, he resolved to visit Upper Canada, where he hi;d some landed property and many friends, to ascertain whether he might not, with propriety, remove his family thither: — that, after a few months' residence in that country, he was pleased with the natural excellence of its soil and climate — saw prospects of providing comfortably for his family, and cherished schemes for rendering Upper Canada a comfortable re- fuge for the redundant population of England : — that, to qualify himself the better to represent at home the true state of the Pro- vince, he resolved to prolong his stay, and by extended inquiry did greatly increase his knowledge of the actual state of its affairs. • Tliis is not correct. t Presented by Sir James Mackintosh, 12lh July, 1820. lint 19 That he then discovered political restraints on the prosperity or Upper Canada, wliicli rendered it altogether inferior to the United Slates as a place of settlement, and such mismanagement on the part of the Executive government, with regard to emigrants from Britain, as blasted every hope, unless considerable changes could be effected. That his tirst intention, after being fully apprized of these re- straints, and this mismanagement, was to proceed home and state the truth to the ministers of this country ; but doubtful of his indi viduiil representation being listened lo, he recommended the inhabi- tants to petition their parliament for inquiry into the state of the Province, and for a commission to go home with the result to the Prince and Parliament of Britain : — that this measure was actually moved and carried in the Assembly, but a quarrel presently after- wards arising between the different branches of the legislature, par- liament was hastily prorogued. That, on this juncture, your Petitioner became more and mo.e convinced of the great necessity of examination, addressed the in- habilants of the Province, and recommended them to raise a fund by subscription, for the purpose of sending home a Petition to His Royal Highness the Prince Regent, to solicit the appointment of a Commission from England for that purpose. That this proposal giving great offence to certain persons in office, called down their resentment on your Petitioner, whom they caused to be twice arrested, and tried upon charges of seditious libel. That your Petitioner being twice honourably acquitted, had then the fullest hope of succeeding in his purpose, by offering to lay before the Lieutenant-Governor, just arrived from England, his view of what was essential to the prosperity of the Province, when, to his astonishment, a party in power not only succeeded in exciting pre- judices in the mind of the Lieutenant-Governor against your Peti- tioner, but wantonly libelled a great portion of the inhabitants, and had a law enacted, abridging public liberty, equally uncalled for, and odious to ihe great body of the people. That your Petitioner was after this on the point of setting off for England, when a conspiracy was formed, between three of his most notorious political enemies, to ruin his character, and prevent his ever returning to Upper Canada. For this purpose, they pretended that your Petitioner was subject to a Provincial statute, (a copy of which is hereunto annexed,) and which can only apply to aliens and outlaws ; and one of them scrupling not to perjure himself, to afford grounds for procedure, they presented him with an order to quit the Province, upon his disobeying which, they had him arrested and committed to jail, (the ordtr being hereunto annexed.) That your 'Petitioner being thus situated, applied for liberation by Writ of Habeas Corpus, (the whole process being hereunto an- nexed); but being remanded to jail by the Chief Justice of the Pro- vince, was detained ihere for nearly three months. That your Petitioner, in this melancholy predicament, had still the hope of clearing his character from the base imputations of his enemies, by a fair submission of their charges io the sense and feel- ing of a jury; and, in the mean time having taken the advice of Sir , : , J 20 lo the legality of Ailluir i'iggolt. and ..ihor lawyers ol *^}»]''^"\^' "r " ^V not" leeal- his imprisonment, had their decided o,Mn.on that it wa not lega that the Chief Justice of Upper Canada was ^^ron«. n "0* '^^''^S granted liberation, and that those who had c«'^sed .he arrest were subiect to an a tion of damages for false imprisonment. K nevelheless the hopes of your Petitioner were completely blaTted ^fore he d V of trial, his body and mind were so weak- ened by confinemeni and exasperation from cruel, unnecessary, and unconsJitu'onal featment in 'jail, that on ^^S ^^'n "nd Se fresh air of the court, iiis whole ideas ran into confusion, and ne lost all control over his conduct. A trial was brought on. not for any cr me bu merely to determine the fact that your Petitioner had S^ed to leave the Province. To such a trial, ""^^ -^'-^ -- cumstances. your Petitioner would undoubtedly have demurred. As happened he, altogether insensible of consequences, suffered the triaJ'Jo proceed till a Litence of banishment was pronounced against him bv the same judge who detained him in prison. YouVpelitlone'r ha^s recounted these fac^s and c.rcun^stances no that yonr Honourable House should interfere in '"f^" °/j"3f process, or correct the rigour of executive ty"""Vtnn vinoto hi"s vidual. YoPr Petitioner is now in the course of applying to Ins Majesty-in-Council, to take into c.nsiderat.on his particular case- to consult the law-officers of the crown thereupon-to ^«ke • W into the cruel treatment he received, and into the fact fJl['J'^'i in that state which rendered him unfit to stand up m a co"rt *>t Jiis* tice. as his own advocate, so that he may again be ^"ff^'red to etur^^ to Upper Canada, the.e to support, fairly and n.anfully. his charac- ter. his principles, and opinions :-Your ^^f ^'""^ .-"l^ ,^^ ^^^^ your Honourable House on public grounds alone and l>lj''^»; ^ ^^^ the mere abstract consideration of the annexed Provincial statute akin'' it as intended to apply to untainted British subjec s, and as it has in you Petitioner's Jase been applied, affords sufficient cause Ibr inqui.^ o» the part of your Honourable House into the state ''^'iTHollou;able House, in co,juncli.>n with the -tl-J;--;- of the legislature, passed an act in 1791, empowering His Majesty, by and with the JoLent of a legislative council and assen.bly o make l"ws for the gove.nmeul of Upper Canada, dnnng the continuance of ^Is act: 'but yonr Petitioner has no belief that .t -^ J^^- ;»^- tion of this temporary act to confer a power on the Canadian Par- ament of expa riating British subjects, or In any way to encroach oniiefundan'iental principles of the British Constitution It ^m the clear intention of that act to convey to the people of Upper Canada, as near as circumstances would permit the Constitution of Britain, both in form and spirit. The recorded debates •"?«;/'«»«"*• on uassine the Q.:ebec Bill, bear ample testimony of this and "iS leinct.^when he opened the first P-'^-J "/^ ^p^^^^^ Canada, in his capacity of Lieutenant-Governor of that Province expressly declared that " the Constitutwn then granted was the very image and transcript of the British Constitutton. Atthe present moment, when emigration from this country is at legality of r>t legal— lot having rrest were completely ; so weak- ssary, and t into the in, and he n, not for itioner had dinary cir- urred. As ufFered the ced against tances, not of judicial ds an indi- ying to his ilar case — ake inquiry f his being ourt of jus- ed to return his charac- mies before pleads that :ial statute, ts, and as it icient cause o the state branches of Majesty, by i)ly to make cuutinuance is the iuten- nadian Par- to encroach on. It was le of Upper nstitution of (1 Parliament, of this, and nt of Upper at Provmce, ted was the If :ountry is at I i k I 21 all hands allowed to be essential to relieve distress, how mischevious must even be the report that a native-born British subject may be arrested, detained long in prison, and banished from Upper Canada, without the shadow oi crime, the moment he sets foot on its soil : surely your Honourable House will see the propriety of counteract- m of his life Lt ; and, in otiand, his iu)d in the of national ars devoted ne assured, vs, was the nd that the bar against lecial iiiter- , had a Pe- the 30th of he action of I in houses locomotion, luers, over- i 23 That your Petitioner, in order to attract notice to this part of the business, and other matters of essential to the cure of the greatest of national maladies, had a Petition presented to the Honourable the House of Commons, the •28th of February, 1817. That your Petitioner still saw, that, though all his proposals were adopted, that something more might be required, safely and effec- tually to accomplish the grand object of abolishing the system of the poor-laws, and that an artificial vent would be required for re- dundant population, during a series of years, while the process of reform was proceeding. That, at this very time, an unexpected aid extraordinary change of fortune, drove your Petitioner abroad to Upper Canada, to look out for a place of refuge for himself and family. That your Petitioner being in Upper Canada, discovered that that country would afford the vent required for the redundant population of England, and upwards of three years ago he had sent home a communication to be laid before Lord Bathurst, intimating what he had then in contemplation. That a singularly unfortunate train of events detained your Peti- tioner in Upper Canada, involved him in political discussion, ex- posed him to the most groundless scandal, subjected him to the most cruel persecution, finally ending in imprisonment and banish- ment from the Province, not only unmerited, but palpably illegal and unconstitutional. That your Petitioner, notwithstanding that his health has suffered beyond all hope of repair, from ungracious treatment abroad, and that his spirits have been sunk with the most mournful calamities at home, has devoted all the efforts of a weakened mind up to the present time, to advance the vast object at which he has been so long aiming, and still aims. That your Petitioner has become more and more solicitous for attention to his proposal and schemes for the reform of English poor- laws, and the giving vent to redundant population, since he has seen a bill introduced into your Honourable House, clearly drawn up without practical knowledge of the system of the poor-laws, or a due consideration of circumstances. (Mr. Scarlett's Bill.) That your Petitioner has long considered the principle of popula- tion as laid down by Mr. Malthus, and on which Mr. Scarlett's bill seems to be founded, to be sound in the abstract; that he has long wished to see all need for poor-laws done away ; and believes it perfectly possible that they may be entirely done away, with advan- tage as well to the poor as the rich. Yet, as circumstances stand, he is still more assured, that substantial benefits must be granted to the poor : — that they must have opportunity given them to acquire property and civil rights before their present rights of applying. for public relief are encroached upon, or taken away :— he is assured that Mr. Scarlett's bill, as it now stands, would at once be insufficient and dangerous in execution ; that it would certainly, if made into law, engender discontent, and lead on to general insurrection. Your Petitioner most seriously entertaining this belief, filled with anxiety and alarm from the aspect of public affairs, and conscious 24 that wise and liberal measures may not only rclrieve the counlry fro,,, eouardrbut t^^ its glorious secunly .» the .m- nroved moral and better worldly circumstances of the lower orders of rdety. doe humbly and earnestly entreat your Hononrable House to na..se and reflect well on the subject of the poor-laws Cr Petit oner irwilling to be'called to .he bar of your He nolable H^e. or before^ny Committee, to substanj^je wljat . has set forth, and to enter into any required explanation ot h» '^TSd =!i::;edir!ei;r=t Ihat the -tec^Uj^er Canada - L;rt^L.r^o aH rrp":^sr ora= Sg commenced by the following sprmg, n. un.son w.th a plan for reforminjs: the poor-laws. ^ ' And your Petitioner wdl ever pray, ^ BOBERT GOUULAY. June\6, 1821. (A. 5.) To the Honourable the Commons, &c. THE PETITION OF ROBERT GOURLAY.* Humbly showcth, , „^..^„ That your Petitioner has had presented to your Honourable House two Petitions calling attention to the state of Upper Canada as it concerns emigration. That these Petitions were received and or- dered to be printed: one on the 12th July. 1820, the other on the 27th June, 1821 ; and to these your Petitioner would still reter. That vour Petitioner now presents himself before your Honour- able House on broader grounds. He would now call attention not only to the state of Upper Canada, but to that of our North Ame- rican Colonies in general. -Colonies which, since the revolutionary war of America, have been maintained at an enormous expense to this country, without yielding it a farthing of profit. That, at the present crisis, when it is allowed by all, that eco- nomy and retrenchment are essential to the salvation of the em- pire the mere saving of expense must be deemed matter of import- ance ; but your Petitioner asserts that, not only may all expense m governing North American colonies be saved, but that these co- lonies may, if properly governed, yield a considerable revenue to Britain. , . , , , , That your Petitioner's opinions on this subject have been formed not only from personal observation during a residence m Upper Canada, but from a continued correspondence since then with that part of the world ; a constant attention to occurrences Presented by Mr. Hume, 27th February, 1822. connected tion thereo That yo sition, tha for many which go^ many yea, dent, and and the ii the Unileper Canada jreparations emigration with a plan pray, tUULAY. irable House lanada, as it ived and or- other on the till refer, our Honour- attention not North Ame- revolutionary s expense to ill, that eco- of the era- er of import- 11 expense in lat these co- ; revenue to have been residence in :e since then ) occurrences 25 connected with the Colonies, and much reflection on the constitu- tion thereof ; thestateof properly and state of society therein. That your Petitioner assumes it as an almost self-evident propo- sition, that North American Colonies cannot be retamed to Britam for many years on principles less free and independent tlian those which govern the adjoining country. He is assured, that betore many years go bv, these colonies must either be declared indepen- dent, and be held in connexion with Britain by liberal treatment and the interchange of favours; or they must fall into the arms ot the United Stales, and become part of that already loo extensive and aspiring republic. j .1 » .1 1 »» That vour Petitioner is most positively assured that the latter alternative would not be agreeable to the wishes of tiie colonists ; that the former, on every account, would be preferred, and is tliere- ft)re worthy of countenance from the Imperial Parliament, as the result equally concerns the honour and the interest of the nation. That your Petitioner is aware that the colonies are not yet ripe for independence,-that they are yet deficient both in physical strength and menial ability; but were the mere promise of inde- pendence at the end of ten years granted to them, he is assured that all chance of war would cease in that quarter of the world ; and were certain arrangements made with the government of the United Stales, an immediate and great reduction of our military and naval establishments might lake place, while a vast quantity of warlike stores might be spared for other useful purposes. That there are two great objects which demand attention— ob- jects quite sutticient to form Ihe cement of a lasting connexion be- 'tween Britain and her North American colonies wilnout interference on the part of British ministers with their internal government. 1 he first regards the disposal of public lands; the second, the regula- tion of commerce. ,. , /. I !• „f„I1 That the first of these objects, viz. the disposal of land is, ot all things, perhaps most worthy of attention from your Honourable House. It is an object which never before has been brought fairly into public view ; but which, when duly considered, must appear of great importance, not only as it may tend to national aggrandize- ment, but also be instrumenlal in advancing the limits ot civiliza- tion, and in improving the condition of man. Thai, hitherto, public land has been disposed of m a way which has at once sqnk its value and prevented its improvement. No con- sideration has yet been bestowed on a most important principle, which not only rules the value of landed property, but which may be studied to advantage, for the comfort and prosperity of those who are to occupy and cultivate. In Canada, large portions of land are set aside for the future purposes of government : large portions of land are set aside for the maintenance of a dominant church which has not even a chance of being established ; and large portions are gryea away in tavour. and for fees of office to individuals who never think of cultivating, but who depend on sales at a remote period of time, while actual settlers are in consequence removed so far apart, Uidt it is impossible for them to cultivate with economy and prolit. I lie 2fi bad effects of thus disposing of land is clearly evinced by contrasting Canada with the contiguous parts of the Umled States. Thf «j'-;^ been settled many vears later than Canada, but already they are three times more populous, and land there is tour tunes more valu- able. These results have mainly sprung from the different modes of disposing of public lands. In the States, it is exposed to free sale at the rate of one dollar and a quarter per acre ; «"«/y ^l^e official returns of last year, produced a revenue of one million and six hundred thousand dollars. In Canada, the very process o| rtis- posing of land by government is attended with loss to the PJ'l^'c- That U.e most melancholy effect of the unthntty disposal of land in Upper Canada, is that of degrading the people. Scattered ove the Province at the rate of seven to the square mde, they have not only been unable to co-operate in rural eco'iomy. bu »'«ve "-et;;;; graded in civilization and moral worth. The British Parliament liberally conferred on the people of Upper Canada a free constitu- tion-liberty to make laws for themselves, and to uphold the purest principles of freedom ; but, in ignorance and degradation, they have Lbuscd these inestimable privileges : they have suffered the best of laws to be counteracted by the arbitrary power ot their governors ; and they have fabricated a code absolutely disgraceful to modern times. Neither person or property, indeed, can now be held secure in the Province. . i- » That Upper Canada, by nature the finest part of America, » chiefly valuable to Britain as it may be made an asylum tor her re- dundant population; but this greatest good cannot be realized Irora the wretched state of property, and still more wretched j-irisprudence which there exists. Ignorant and poor emigrants only settle in Up- per Canada, while all who have wealth and intelligence betake themselves to the United States. „ „ , j That were public institutions equally good and equally wel observed in the Provinces as in the States of America, not a man would emigrate from the United Kingdom to the latter country, unless attracted by some peculiar object : that the commercial advantages which Britain can •and does confer on her Colonies ; the comfort of adhering to natu- ral allegiance; the love of country and kindred ; the numerous bene- fits which British subjects are entitled to at home; the pride, the "lory, the honour of remaining in connexion with the greatest nation upon earth— all conspire to make the British emigrant prefer the Colonies to an alien land ; but, with heavy heart, he who thinks at -all, must relinquish these for advantages still more valuable and substantial. That your Petitioner observed with regret, the monstrous mis- management in Upper Canada, and sent home communications to be laid before Lord Bathurst on the subject, but without avail : that he has within the last six months corresponded with the Colonial department ; has offered to submit improved plans of settlement ; has tendered his services at home or abroad without emolument; has offered to contract for the settlement of land in Canada, and pay for it at the rale of one dollar per acre, which, with govermentpa- trotmv, he could easily do ; but all lo no purpose ; and he now states contrasting These have \y they are more valu- rent modes ised to free and by the million and cess of dis- ; public. )shI of land itlcred over ey have not have retro- Parliament ee constittt- d the purest 1, they have I the best of • governors ; 1 to modern I held secure America, is 1 for her re- realized from •irisprudence settle in Up- ;ence betake well observed juld emigrate icted by some 1 Britain can ring to natu- merous bene- he pride, the reatest nation lit prefer the /ho thinks at valuable and oustrous mis- lications to be It avail: thai the Colonial >ttlement ; has lolument; has lada, and pay goverment pa- he now states 27 these facts to your Honourable House, as matter worthy of public no- tice anrfinvesiigalion. Thousands of poor emigrants are annually sliipped off to tlie Colonies : thousands are engulfed in misery when lliey get there, and all for the want of arrangement, which might at once secure comfort to individuals, and admit of profit to the nation. That giving independence to the Colonies and withdrawing from all interference in their domestic government is quite compatible with our retaining the right of disposing of unappro- priated land and drawing a revenue from thence: quite compatible with the Colonists remaining under British sovereignty. This country has the power of directing the current of emigration to any of her Colonies ; and all property must improve in value as population becomes more dense and where Judicious settlement is made. Hence, there is scope for mutual benefits : Colonies may grow strong from an increase of people; and the Mother Country may go on for ages reaping profit from the land she settles out of her redundant population. That it would be vain for your Petitioner to enter at present into any detail as to his plans of emigration and settlement, a subject to which he has devoted his attention for several years. He refers to the fact now more and more the. subject of conversation; the great increase of population consequent on good living and peaceful pur- suits. He points to the vast expanse of unoccupied land over which it has pleased Providence that the British sceptre should sway. He points to Ireland overflowing with a wretched population ; to Eng- land, getting more and more crowded with paupers; and to Scot- land, whose moral energies have sent forth her millions of indus- trious and respectable people to replenish the earth: he asserts that our whole redundant population may be disposed of to indivi- dual as well as to public advantage;— that Britain may com- bine the efforts of her children, and direct a mighty and constant stream of emigration into her Colonies ;— that she may set on foot a scheme of benevolence heretofore unparalleled ;— that a new source of wealth and happiness may be laid open— a source at once pure and abundant. That the second great object soliciting attention from your Honourable House, viz. the regulation of commerce, would go hand in hand with a grand system of emigration ; and might be established on principles equally simple, natural, and permanent. That your Petitwner holds in his possession official documents sent home from Upper Canada, by which it appears, that legislators of that country aim at imposing 'provincial duties throughout both the Canadas, on grain, &c. produced in the United Slates ; and a similar desire has been evinced in resolutions of a county meeting of Upper Canada. That this disposition of the legislators of Upper Canada betrays equal ignorance of the policy which should be pursued, and of the impracticability of executing their wishes, seeing that along a boundary of upwards of a thousand miles, which separates the inhabited parts of the United States from British America, there is MO possibility of guarding against contraband trade. Nay, from tins i 28 impossibilitv, Brilaiu possesses the power of supplyi..g »|;^ P/;P[;; °[ the United 'Stales with her manufactures free «t those heavy duties which are now levied on Ihcm in the ports of the Repub ic That the best policy of Britain is to receive '«" ^ P'-"^;;^^ «* X' bee and other BHtish American ports m exchange ^^^ o r manufaCj tures. without question as to origin. The grand ben«^fi\^ from possession of these ports rests .n securn.g a '"«"«P°'y ";. , "^^^^^^ and with liberal legislation this may be earned to an extent hilherlo ne her experienced nor contemplated. By liberal measures, the pot of Q bee may speedily bJcome the greatest .n America f Sot in the world-a port where we may give and receive to un- mited extent-a pot holding out to us the power of reaping t™ utmos tadvant-rge from American trade, without any officious rieddl rwith the domestic politics of that country -a port through ^iXh the parent state would be for ever able ^o "o J^' .^^T P J eenv and supply her customers— where the people ot Britain and America would meet in the enjoyment of reciprocal accommodation. Tharthe late change in the laxv which regulates the timber trade rendeJ more immediately necessary to attend to our Colonial and Sl"ippng interests. Were liberal principles admitted ; were the corn ?aw ini^nded. an.l free sale of grain and flour coming from our Co- lonies allowed in this country, on payment of a fixed duty, an instant revival of trade would be experienced ; and by and by we should wit- ness most beneficial consequences ;-increased consumption and de- mand : rise of price, both at home and abroad : we should see confi- dence restored, and plenty going hand in hand with peace. That! however neJessary it 5as, under circumstances, to secure British farmers from ruin at the termination of war, it is now too certain, that the existing corn law must be modified or repealed. Look- ing forward to change, and supposing it necessary tha a l«ct' »>»; state of things must be adhered to, your Petitioner humbly beg leave to submit his opinion, that no change could carry with it such beneficial results as the permi.«*sion of tree trade with our Colo- nies on the payment of fixed duties. It would at once give a mo- nopoly to our shipping, yielil us a direct revenue, and secure and increase the value of our foreign possessions. That vour Petitioner has. in his hands, documents signed by many hundreds of the resident land owners of Upper Canada, from which it mav be proved that wheat can now be grown ni that country tor 3s per bushel, and he could show, that witii certain changes in the stale of property, in the power of the Imperial Parliament to make, wheat could be grown for 2s. per bushel. ^ ^ . . . » That now, and for three years back, the cost of bringing whea from Upper Canada to England has not exceeded 2s. per bushel ; and that thus it mav be attorded in British ports tor 4s. per bushel. Ihat a duly of Is. 2s. 3s. or whatever sum may be found necessarv to eoualirethe price with that which wheat grown at homemust sell for, to admit of present taxes being paid, would be fair and reasonable ; •and in proportion as the amount of duties increased. Government migiit free the British farmers of part of his load of taxation. Ihe ! people of ;avy duties ce at Que- r manufac- be derived ly of trade, nt hitherto iisures, the \merica, if ive to un- of reaping ly officious [irt through h her pro- Dritain and tumodation. mber trade, lolonial and •re the corn oni our Co- , an instant should wit- tion and de- Id see confi- e. s, to secure is now too aled. Look- a factitious lunibly begs irry with it th our Colo- e give a mo- secure and led by many from which country for anges in the ent to make, inging wheat bushel ; and bushel. That necessary to must sell for, 1 reasonable; Government xation. The 29 American farmer would, from the sale of his produce at home be enabled to purchase British manufactures. British manufacture* would thence midliply, and by increased consumption, would render the foreign supply of food, not only talV, but necessary. Nor could the supply coming from British Colonies be ever withheld. In war as in peace, its flow towards us would be constant and secure. What, indeed, has Britain to fear from famine, if she is liberal to her Colo- nies—if she sutlers corn to be imported from British America, from the Capeof (iood Hope, from New Holland and Van Dieman » Land, subject to equalizing duties ?— It is a well-known fact, that hitherto the supply of grain and flour from America has never been great, in proportion to the amount of home growth ; and at no time has importation from thence been disadvantageous to this country, but the reverse. Indeed all well-regulated trade with America must leave us a profit, inasmuch as it gives opportunity for our cheaper labour, and our superior industry and skill to exert itself, and earn its fair and natural reward. 'Jhat there are now in England some of the most respectable l^nd-owners of UpperCanada. both of the British and Indian nations, „l.o may be called to the bar of your Honourable House, or before any Committee, along with your Petitioner, who will substantiate the truth of what has been said above, and conhrm the opinions ol vour Petitioner. i . u •n ' He therefore earnestly entreats that your Honourable House will t.ke the whole into consideration, and institute inquiry into the state of Upper Canada and other Colonies of Britain. ^ And he will ever pray, February; -iO, 1822. ROBERT GOURLAY. (A. 6.) To the Honourable the Commons, &,'c. THE PETITION OF ROBERT GOURLAY.* Humbly showeth, ., , . . « i i i a-a That your Petitioner is a native of Fifeshire, in Scotland, aiiU did entertain, till the year 1815, fair hopes of independent fortune : that, then in the 37th year of his age, being married and having five children, he found himself, by causes which he could neither foresee nor prevent, sunk into a state of precarious dependance :— ttiat after more than a year's reflection, he resolved to visit Upper Canada, where he had some landed property and many friends, to ascertain whether he might not, with propriety, remove his family thither :— that after a few months' residence in that country he was pleased with the natural excellence of its soil and climate, saw prospects of pro- viding abundantly for his family, and cherished schemes for rendering Upper Canada a comfortable refuge for the redundant population ot Enoland. To qualify himself the better to represent at home the true state of the Province, he resolved to prolong his stay, and by Presented by Mr. Brougham, and ordered to bq printed, July 18. 1822.. .4; 30 extended inquiry, did greatly increase liis Itnowledge of the actual slate of affairs. Tliat lie then .liscovered restraints on the prosperity of Upper Canada which rendered it altogether inferior to the United States as a place of setllcnieiit, and such niis-nianasement on the part of the executive government with regard to emigrants from Britain, as blasted every hope of good, unless great changes could be effected. His first intention after being apprisetl of these restraints and this mismanagement, was to proceed home and state the truth to the ministers of this country (and he did send home letters on the subject, to be laid before Lord liathurst, as well as a petition to the House of Commons, which was put into the hands of Mr. Douglas, one of its members) ; but doubtful of his individual representation being listened to, he recommended the inhabitants to petition their Parirament for inquiry into the state of the Province, and for a commission to go home with the result to the Prince and Parliament of Britain. This measure was actually moved and carried in the assembly, but a quarrel presenlly afterwards arising between the different branches of the legislature, the provincial Parliament was hastily prorogued. On this juncture, your Petitioner being more and more convinced of the great necessity for examination, addressed the inhabitants of the Province, and recommended them to raise a fund by subscription, for the purpose of sending home a petition to His Royal Highness the Prince Regent, to solicit the appointment of a commission from England for that purpose. This proposal giving great offence to certain persons in office, called down their resentment on your Petitioner, whom they caused to be twice arrested and tried on charges of seditious libel. Your Petitioner being twice honourably acquitted from these false charges, then entertained the fullest hope of succeeding in his views by offering to lay before the Lieutenant-Governor, just arrived from England, his information and proposals for public benefit, when, to his astonishment, a party in power not only succeeded in exciting prejudices in the mind of the Lieutenant-Governor against your Petitioner, but wantonly libelled a great portion of the inhabitants, and had a law enacted, abridging public liberty, equally uncalled for and odious to the great body of the people. That your Petitioner immediately after this was on the point of setting off for England, when a conspiracy was formed between three of his most notorious political enemies to ruin his character, and prevent his ever returning to Upper Canada. For this purpose, they pretended that your Petitioner was subject to a Provincial statute, (a copy of which is hereunto annexed,) which can only apply to aliens and outlaws, and one of them scrupling not to perjure him- self, to afford grounds for procedure, they presented him with an order to quit the Province, upon his disobeying which, they had him arrested and committed to jail, (the order being hereunto annexed.) That your Petitioner being thus situated, applied for liberation by Writ of Habeas Corpus ; (the whole process being hereunto annexed;) but being remanded to jail by the Chief Justice of the Province, was detained there for nearly eight months. xuat. |TZVUIVUEIXVISt| oll'll the hope oi enemies, I inf? of a jii Sir Arthur of his impr that the ( granted lil liable to ai That, n( blasted. eiied by cc uncouhtitu fresh air was hrou^ fact that y a trial, i undoubted insensible tence of b who detail That it to Englam during tli press inqu well as to wrongs Ik That hi t ions, pro would spc the atten ordered li February, That si has actui Upper C Pruvincia Pelitionei otiicially and so s c[uire no Canada. That ! until no> House, 1 detained right, an nada, in trial and are also oath the " and sa I ■iiJ rovince. was 31 the hope of clearing liis character from Ihe base imputation of hit enemies, by a fair submission of their cliarges to the sense and fecl- irifr of a jury ; ami, in the mean time, having taken the opinion of Sir Arthur Piggott, and other lawyers of eminence, as to the legality of his imprisonment, had their deci«led opinions that it was not legal— that the Chief Justice of Upper Canada was wrong m not having granted liberation, and that those who had caused the arrest were liable to an action of damages for false imprisonment. That, nevertheless, the hopes of your Petitioner were completely blasted. Before the day of trial his body and mind were so weak- ened by confinement and exasperation, from cruel, unnecessary, and unconstitutional treatment in jail, that, on being brought into the fresh air of the court, his faculties entirely forsook Inm. A trial was brought on, not for any crime, but merely to determine the fact that your Petitioner had refused to leave the Province. To such a trial, 'under ordinary circumstances, your Petitioner would undoubtedly have n by authority. It is almost unnecessary to repeat, that, seventy of treatment m jail produced the effects which can be thus attested. After being greatly weakened in health by six months' imprisonment, your Pe- titioner was put into close confinement for six weeks previous to trial ; refused a hearing of complaint by a court of magistrates while stifled with extreme heat ; and for some time denied intercourse with his friends, even law counsel and magistrates. That your Petitioner, by this cruel treatment, and while convicted of no crime, has suffered in every possible way. Being detained be- yond his purpose in Upper Canada for fourteen months, he found, in consequence, on his return to England, his whole aflairs, which had been left in the best possible order, in utter confusion ; he found himself not only ruined in estate, but blasted in reputation. The leading charges which caused him to be imprisoned and banished from Upper Canada, rested on an assertion published in the London Courier of 8th July, 1818, that he had " escaped at^er the disgraceful proceedings of Spafields," and hence sprung accu- sations of the most hideous kind : nor did theeflect of this assertion, as false as it was malicious, cease with persecution in Upper Canada. On your Petitioner's return home, he found slanders of the same description promulgated in several ministerial newspapers : and to such a pitch of credit did these attain, that it has lately appeared at an audit of accounts, in the shire of Fife, that public money had been applied " to watch the motions of Mr. Gourlay, and hold «' correspondence with the county member thereanent." Your Peti- tioner can challenge the member of Parliament for the county of Fife ; his correspondents ; and the whole world, to bring forward the slightest atom of evidence against his loyalty, peaceable demea- nour, or good connexion in society, either now or at any period of his life, either in the British Isles or in America. Your Petitioner having thus fallen a victim to groundless scakidal, being convicted of no crime, and having no remedy by the ordinary course of law, situated as he now is, trusts that your Honourable House, the natural protector of his constitutional rights, which have been grossly violated, will devise means by which he may have redress. Ilif i ».') To tliis end lie earnestly entreals tliat your Honourable House will cause inquiry to be made, witnesses to be examined, and such other steps to be taken as in wisdom may seem meet. And he will ever pray, ROBERT GOURLAY (A 7.) To the Honourable the Commons, Sue. THE PETITION OF ROBERT GOURLAY.* Humbly sliowetli, That your I'oJitionor Iras had three petitions presented to your Konourable House, pniying for inquiry into the stale of Upper Canada: — That these polilions were received and ordered to be printed, 11th July, 1820— 27lh July, 1821, and 27lh February, 18'i2 : — That your Petitioner having now perused a Bill pending in your Honourable House to make more effectual provision for the government of the provinces of Lower and Upper Canada, to regu- late the trade thereof, and for other jmrposes relating thereto, is more than ever convinced of the necessity of full and fair inquiry; not only into the state of Upper Canada, but that of the whole of British North America. That instead of this Bill, which has ori- ginated in a trifling dispute, which has been got up without the general knowledge and concurrence of the Colonists, and which pro- ceeds on narrow views, neither calculated to be effectual nor perma- nent in their operation, your Petitioner would propose that a com- mission of inquiry be substituted : that ten men of business and talent be appointed, to proceed without delay to British North America : two to Neivfoundland, two to ^.oda Scotia, two to New Brunsivick, [wo to Loiver Canada, and t vo to Upper Canada:—- That they shall have full powers to inquire into the state of public affairs, and to ascertain by what means the North American Pro- vinces may be rendered most profitable to ths Mother Country ; and at t!ic same lime most secure and prosperous within themselves: —That, having spent a month together in each of the provinces re- spectively, one of each two of these commissioners shall repair to Quebec for general consultation and correspondence: — ^That the Provincial Parliaments be forthwith summoned to meet and give aid to these commissioners. That instead of the present Constitutions, the Provinces shall each be governed, as to local matters, by an Assembly and Lieutenant-Governor in Council, and that those now acting in such, shall continue to act for the time being : — That legis- laiive councillors shall form a general councU or congress to meet at Quebec for the management of all affairs concerning the common interests of the provinces and arbitremcnt of others : the Governor- in-Chief to preside:— That, as legislative councillors die out, others shall be chosen to supply their place by the people of the Provinces Pfcseiiled l)y IMr. Diowgliiim, ami oidcrcd to be printtd, July 38th, 1822. 1-' 34 respectively to which they belong, those only having a right to vote at the election of such legislative councillors as are now qualified to sit in Assembly : — That one legislative councillor for each Province shall have liberty to come home to £Jng-//inseDce frooi rm required had a cnm- 36 mission to serve his Majesty as an officer of Volunteers, but preferred to evince my loyalty by entering as a private in a troop of Yeo- manry Cavalry. In 1806-7, the Whig administration despised the services of Volunteers ; sent orders to Edinburgh, that they should be slighted ; and, the officers of the troop to which I belonged, failed to appear on duty. On this occasion, I addressed my fellow-yeomen : proposed that we should deposit our arms in the County-hall ; in- form Government that, when required, we would resume them ; and that those of us who were unmarried, would, on a moment's notice, cross over into France to put down the power of Bonaparte, while he was fighting the Russians at Eylau. My fellow-yeomen neglecting these proposals, I withdrew from the troop, but have ever been, and ever shall be ready, to turn out, when called for, in defence of my King and country. In the year 1817, being pressed by misfortune, I went out to Upper Canada, to seek an asylum for myself and family. Finding that Pro- vince blessed by nature, but ruined by niisgovernment — finding that British laws of the most sacred character were set aside by arbitrary power, and that public faith was violated, I advised the people to send home a commission, to entreat your Majesty's interference ; and an address was sent home to be presented to your Majesty, then Prince Regent, by Lord Erskine, the duplicate of which, and letter to Lord Erskine are hereunto annexed. Having, by these proceedings, incurred the displeasure of men in power, I was subjected to two trials for alleged libel ; but was twice honourably acquitted. I was then ordered to leave the Pro- vince, under colour of a statute applicable only to aliens, (which statute, with other documents, are hereunto annexed,) and in my right of a British subject, refusing to obey, was cast in» prison, and banished, merely because of my refusal. Since returning to England, I have attended in Loudon during three sessions of Parliament on this business. I have had four peti- tions presented to the House of Commons, calling attention to Upper Canada, on public grounds, and one, respecting my personal sufter- ings, (printed copies of which are annexed.) I have had a petition similar to the last mentioned presented to your Majesty in Council, and another to the House of Peers; but, as yet they have availed nothing, I now apply directly to your Majesty for leave to return to Upper Canada, safe from arrest. I do not solicit pardon, because I hold myself not only guiltless, but much injured. I solicit your Majesty's interference in support of the most sacred right of a British subject— the right of allegiance, which equally regards obe- Alience and protection. I solicit your Majesty's interference, solemnly pledging my honour, that I never harboured evil intention against the Government of your Majesty, but, on the contrary, was actuated, in all my endeavours, by an enthusiastic desire to retain Upper Canada^ beneatli British Dominica — to make it conducive to the happiness of your Majesty's subjects, and a valuable portion of the Empire.- - It is my hope, that while your Majesty treads on the soil of my na- iivc land, 1 shall more readily obtain the favour now solicited ; and 36 ))ra}'iiig lliiit the «l'ay may be lalt; on wliicli co'ifiiloiicc is iiiisplaccd ill a Scutcliiiran, I am, Your Majcs!v's dulirul suliirc!, llOBi:RT(i6uULAV., * I if" ADDRESS ADOVE UEFEUUED TO. To His Royal H'ujhness, Gem-f/e Prince Rer/ent of t/ict Uniled Kincjdom of Great Brilain and Ireland, i.s of the people of Upper Ciin;uiii, who arc fully iissurcd that your Uoval Highness has bt-en kept ignorant of most iniporlanl tnilhs— wiio are well assured of the nmorous dispositions of your Royal heart ; and of your desire that Rrili^h subjects should every vliere share, eriually, your paternal reuard and aflVclion. It was niaUer - f niuci'i provocation to I'le pe(!ple of this Pro- vince to see, even durini!; the war, which aiforded such stiiking p/oofs of their loyally and valour, reports sent liome, highly rating the merit «)f rej^ular troops, wliile llie tribute due lo Canadian levies was unfairly let down. Nay, the principles of the nio'.t loyal sub- jects here "were often sJigunili/cd i)y Rritish officers, i;;norant of human character, and still more so" of circinnstanccs which affect it in this part of the world. It was not so with the ininioria! Brock. He justly api)reciated Canadian worth; and his memory will hap- pily" long cherish in the minds of Use C-.inadian i-coplo a due regard for the genuine spiritof a Hritish soldier, at once generous and brave. The loyal inhabitants of Up-per Canada would disdain lo notice llic misrepresentations of individuals so contrary to notorious truth, if these had not obviously conspired, with other causes, lo lessen the regard which should subsist between 15rilish subjects here and at home— to influence the conduct of ministers towards the general in- terest of the Provinces, The loyal subjects of His Majesty in Upper Canada sulter- cd grievously during the war in their properly, and many were bereft of their all. A solemn invesligalion or. this subject took place: the claims of sutterers were anlhenticaled ; and there was every reason to expect that recompense would immediately follow; yet uolbing has followed but delay and insult. Surely, if there is lunoim mankind a single principle of justice, ihis is one, that the_ individuals of a nation (night not, partially, to bear the weight ot public calamitv— surely individuals who have exposed iheir lives (or government shuuld not be disgusted, wiih finding government re- "iudless of those very principles which it is iute:uled to sustain. The people of this Province are weli aware that their fellow-subjccls at home arc pressed hard with taxation, and tar is it from Iheir wish that relief should be aftorded from Ihence; Canada contains, within itself, ample means of exoiieraling governmenl from the claims of sufferers by war; and it is wilhiii Ihejiat of your Royal Highness lo remove, by a single breath, Ihe evil now so jusUy complained of. aiillions of acres of fertile land lie here, al the disposal o( your lloyal Highness, upon the credit of which, put under pro|)er nra- iiagenienl, not only the fair claims of loyal sufferers could be iii- slanlly advasiceil ; but vast sums could be raised for the improve- ment of the Provinces, and the increase of revenue to Britain. Another lirievance, manifesting the neglect of government to the conceins of Upper Canada is equally notorious, and lau.t be slill more abhoranl lo the generous feelings of your Koyal Uigh- ncbs. 3f3 The young men of the Province who were armed in its tiefencc, had, for their spirited conduct, the promise of their commanders, that land would be granted them as a reward for their services, as soon as war was terminated ; and after this promise was universally confided in, the Parliament of Upper Canada passed an extraordi- nary law in the face of established British principles, that the militia should pass beyond the frontier. With these promises, and in obedience to this law, the militia passed beyond the frontier wilh alacrity : yet since the peace, the greater part of them have been denied the pledge of their extraordinary services, and the land is unjustly withheld. Such ingratitude— such dishonour— such errors m policy, your Royal Highness may be well assured could not exist without extra- ordinary fnfluences, and were your Royal Highness sufficiently in- formed as to these, and of the true state of Upper Canada, we flatter ourselves most important changes would speedily take place, as well for the glory of the throne as for the benefit of its sub- jects. Permit the loyal subjects of His Majesty merely to say as much, at the present time, on this subject, as may induce your Royal High- ness to order inquiry to be made. The lands of the Crown in Upper Canada, are of immense extent, not only stretching far and wide into the wilderness, but scattered over the Province, and intermixed with private property, already cultivated. The diposal of this land is left to ministers at home, who are palpably ignorant of existing circumstances, and to a coun- cil of men resident in the Province, who, it is believed, have long converted the trust reposed in them to the purposes of selfishness. The scandalous abuses in this department came some years ago to such a pitch of monstrous magnitude, that the home ministers wisely imposed restrictions on the Land- Council of Upper Canada. These, however, have by no means removed the evil ; and a system of patron' age and favouritism in the disposal of the Crown lands still exists, altogether destructive of moral rectitude and virtuous feeling in the management of public affairs. Corruption, indeed, has reached $uch a height in this Province, that it is thought no other part of the British empire witnesses the like ; and it is in vain to look for improvement till a radical change is effected. It matters not what characters fill situations of public trust at present: all sink beneath the dignity of men, become vitiated and weak, as soon as they are placed within the vortex of destruction. Confusion on confusion has grown out of this unhappy system ; and the very lands of the Crown, the giving away of which has created such mischief and iniquity, have ultimately come to little value from abuse. The poor subjects of His Majesty, driven from home by distress, to whom portions of land are granted, can now find in the grant no benefit ; and loyal- its of the United Empire — the descendants of those who sacrificed their all in America, in behalf of British rule — men whose names were ordered on record for their virtuous adherence to your Royal Father, — the descendants of these men find, now, no favour in their destined rewards : Nay, these rewards, whin granted, have in many cases been i enjoyment rendered u\ and care. Under t other evil i discontent with the I against tht been set as from the A the people The imi much to cl spring froi granting d perity of 1 constitutio interferenc quired. Deeply dined to 1 jects of ] dinarv ste throne, ar details wh Royal Hi Commissi and talent instructed i My Loi and your have sugi should so dian Con' to his Ro In gran hopes, of pleasant Province, genius sh( alone rak Permit • The pt acqnitled ii -Sie" .-/ 59 its defence, roinmaiiders, services, as universally in extraordi- es, that the romiseii, and Tontier with % have been the land is policy, your ithout extra- fficiently in- Canada, we y take place, : of its sub- say as much, Royal High- nense extent, mt scattered rty, already n's at home, nd to a coun- i, have long >f selfishness, fears ago to listers wisely ada. These, m of patron' » still exists, IS feeling in has reached ther part of to look for ra not what sink beneath as they are confusion hat f the Crown, nd iniquity, or subjects of portions of ; and loyal- ho sacrificed whose names your Royal vour in their have in many the legal rights in tht cases been rendered worse than nothing: ^.. ^ ^..- enjoyment of them have been held at nought : their land has been rendered unsaleable, and in some cases, only a source of distraction and care. Under this system of internal management and weakened from other evil influences. Upper Canada now pines in comparative decay : discontent and poverty are experienced in a land supremely blessed with the gifts of nature: dread of arbitrary power wars here against the free exercise of reason and manly sentiment : laws have been set aside : legislators have come into derision : and contempt from the Mother Country seems fast gathering strength to disunite the people of Canada from their friends at home.* The immediate interference of your Royal Highness might do much to check existing evils ; and might wholly remove those which spring from the system of patronage and favouritism in the land- granting department. Other evils, however, greatly retard the pros- perity of Upper Canada— evils which have their root in the original constitution of the Province, and these can only be removed by the interference of the British Parliament, now most imperiously re- quired. Deeply penetrated with these sentiments, and most seriously in- clined to have such needful changes speedily effected, the loyal sub- jects of Britain dwelling in Upper Canada, now take the extraor- diiiarv step of sending home commissioners to bear this to the throne, and humbly entreat your Royal Highness to give ear to the details which it will be in their power to relate: above all, that your Royal Highness would immediately send out to this Province a Commission consisting of discreet and wise men— men of business and talent, who shall be above every influence here ; and who maybe instructed to make inquiry into all the sources of evil. St. Catharine's, District of Niagara, Upper Canada, August 1st, 1818. My Lord Your long-tried fidelity to the cause of popular lights, and your many glorious struggles in behalf of virtuous independence, have suggested the wish on the part of my constituents, that I should solicit the honour of having the address of the Upper Cana- dian Convention of Friends to Inquiry, presented by your Lordship to his Royal Hiuhness the Prince Regent. In granting this favour, your Lordship will greatly increase our hopes of success in the cause we have espoused ; and it will be a pleasant anticipation for us to think, that the prosperity of this Province, so richly gifted by nature, is cherished by the man whose genius shed the brightest lustre on the British bar, and whose merit alone raised him to the highest dignity which a subject can enjoy. Permit me, my Lord, to offer to your perusal a pamphlet con- • The part above printed in ilaiicj was »liat for wliicli I was tried and honoiiraWy acquitted in llpp<>r Canuda. ■i I 40 iaininj; llie principles and proceedings of lliose lor wlioin I subscribe myself, with the utmost respect. Your Lordship's very obedient servant, (Signed) RICHARD IJEASLEY/ The Right Hon. Lord Erskine, etc. q. (A. 9.) To the llononrahle the Commons, S^c. THE PETITION OF ROBERT GOURLAY AND OTHERS, Parishioners of Wibj, in MVtshire.\ Humbly sliowclii, That a Petition, signed by Parishioners of Wily, was presented lo your Honourable House, Slst May, 1815, from which the following is extracted. " That it is notorious, that the labouring people of England are " not so well, generally, in point of worldly circumstances as they " were in former times. " That, in the remembrance of many of your Petitioners, those " who required relief from the parish were few, consisting only of " such persons as were old or otherwise impotent. " That, now it is impossible for the best spirited and ablest bodiid " man to britig up a family from the earnings of his labours; and, " that of late, to remedy this, it has become a standing regulation " with magistrates, to allow to all labourers having a certain uum- " ber of children, the right of demanding assistance from parisli- " officers to such an extent, as shall, with actual earnings, amount " to a certain sum for each individual member of their fdmilies " respectively, and consequent to the action of this regulation, other " regulations have been formed and acted upon. • Colonel Beaslcy was chairman of the Convention and some years speaker of the Assembly. t Presented by the Ilonble Air. Grry Bennet, and ordered to be prhitcd, June olh, 1823. 11 1 subscribe rvant, IJEASLEY/ ust, 1822. of the 2l8t If King your niiiunds Imvo DeparlnuMit, Servant, h:UT PEEL. OTHERS, piosciiled to tlie following Englaiul are iices as tlioy ioiiers, I hose isling only of ablest bodied (tbours; and, i)g reg'iilaliuii ccilain lutm- fioni parisli- Ings, amount heir families tlation, other s speaker of the ■infcd, June ;)llii That your Pelilionors, h 41 however much I hoy deplore tiial this factitious system should have grown up, (a system which has not only lessened the comforts, but cramped the liberty and indepen- dence of a vast portion of British subjects,) would not wish to attribute its origin or its progress to design; but would rather look to it as a result of chance and mistaken notions of policy. " That, thus impressed, they have ever viewed this unhappy sys- tem with dispositions peaceable and resigned, but trust, as far it can be ameliorated, or virtuous means pointed out whereby its grievances may be lessened or removed, that the legislature will be ever ready and willing to afford its countenance and aid. " That, in the opinion of your Petitioners, it would contribute much to the amelioration of the system, were all regulations re- garding it absolutely fixed and publicly declared by Act of Parlia- ment, so as to leave as little as possible depending on the will and discretion of individuals. " That your Petitioners are assured that the regulations do ad- mit, in practice, of such settlement, and that this would tend greativ to the comfort of all parties— of magistrates, of parish- ortice."s, of contributors to parish funds, as well as of persons who draw the whole, or part of their maintenance from the same. " That it can only be the just practical end of such regulations, as they affect people claiming parochial aid, to guard against idle- ness, or the neglect of means whereby such persons may support themselves. That it never should be the spirit of these to act tyrannically, or to operate as a check upon the liberty and im- provement of the people. " That, nevertheless, as matters now stand, many regulations are so formed, or so arbitrary, as to subject the people receiving parish assistance to unnecessary grievances, and to place them, more than needful, under the caprice of magistrates and over- seers. " That one regulation, in particular, has this tendency, in a very flagrant degree, must be obvious, on the mere statement of the same: it is that, authorized by magistrates, which permits the overseer to call out the children of those having parish assistance to labour, from the period of their arriving at seven years of age. It must be manifest, that at no season of the year can the labour of children of this tender age be of any material consequence ; and, that even the labour of those five years older, viz. those of twelve years of age, can be little during the winter season, and certainly not in proportion to the waste of health and strength incurred by exposure to premature toil and inclement weather. " That your Pelitiouers conceive, that, with a view merely to the ultimate economy of labour, such a regulation is greatly too severe. That, overstraining the tender years of youth, only serves to contract the frame, to weaken the constitution, and to entail such a degree of imbecility upon after life, as greatly to outweigh in the end, even to the public, the paltry savings of childish drudgery. But ther-.^ is a higher consideration G which is you litioners 42 leave to submit to your Honourable House - • a eonsiuenu.u.. c.,udllv important for the community as for indi- ' viduais, viz. that which regards this regulation as a complete bar ' to the mental improvement of the children of those who receive " parochial aid. Although the period of life from seven to twelve " years of age, may be little vafuable for labour, it is that in which " the mind is most susceptible of improvement, and when it is " adequate to receive, with best effect, the impressions of education. " That, however men may differ as to the policy of establishing " a national institution for the education of youth, or be aware ol " the difficulty of doing this to general satisfaction, in a country " where religious liberty has created such variety of opinions, as to " fundamental principles, yet still, no reasonable, or liberal minded «« person will say, that parish laws, or any other, should wantonly '« oppose the inclination of parents or guardians, to have their children " instructed in the rudiments of education, and to be made capable " of searching the scriptures of religion or the written laws ot their " country. .... ^i » " Your Petitioners, upon these grounds, humbly pray that your " Honourable House will take these matters, generally, into your " serious consideration; but more immediately and particularly, " that you will enact that, from Michaelmas to Lady-day, no over- " seer or anv other person, shall have power to call out children " under twelve years of age to la!)our, or to withdraw any stated «« allowance from the parents or guardians of such children because «« of their not labouring; at least, if surh parents or guardians " do put such children to school during the said period ot eacli " year." . , , Your Petitioners, in reproducing the above extracts, wish not now to insist on the special performance prayed for: they wish to state that the condition of the labouring poor is now greatly worse than it was in 1815. For several years prior to that period, a labouring man, with a wife and four children, was entitled to have his earn- in.rs made up to nineteen shillings and sixpence per week ; but during the last year, he had only seven shillings and sixpence per week by the same rule ; a pittance which barely served to afiord him and Ins family, lodging, food, and fire, to say nothing of raiment or educa- tion. Your Petitioners are most earnest in their wishes to have their children educated. They conceive that by means of this, they can be best distinguished from the beasts that perish ; they can best qualify themselves for adding strength and reputation to their coun- Iry, and best fit themselves for another and a better world. Your Petition'^rs now most earnestly entreat that schools may be established at public expense— by which every child may be taught to read and write, in union with a general scheme for the abolition of pauperism, and that this Petition may be printed for the perusal of any committee, commission, or board, which may be appointed by your Honourable House to expedite the same. And they will ever pray, ROBEllT GOURLAY, and others. 11 le House - .8 for indi- implele bar lio receive I to twelve it ill which wiicn it is education, establishing e aware of I a country lions, as to eral minded Id wantonly leir children ade capable iws of their y that your ■, into your )articularly, ly, no over- ut children ' any stated ren because r guardians iod of each vish not now ish to state vorse than it a labouring ve his earn- ; but during er week, by him and his mt oreduca- to have their is, they can ey can best their coun- Id. [)ols may be y be taught he abolition the perusal )e appointed )URLAy, ;rs. 4a (A. iO.) To the Honourable the Commons, &c. THE PETITION OF ROBERT GOURLAY,* Jnd other Parishioners of Wily, in Wilts. Showeth, That your Petitioners, who are for the greater part agricultural labourers and paupers, have seen a bill (Mr. Nolan's bill) intro- duced into your Honourable House, during the present session, entitled, " A Bill to amend the Laws regarding the Maintenance and Employment of the Poor," and hasten to protest against certain proposals of that Bill, viz. those which go to punish paupers by making them serve in the militia and by badging. Your Petitioners beg leave to state their opinion, that, before a thought is bestowed on the punishment of paupers, much thought should be bestowed on the causes of pauperism. Your Petitioners, though generally poor and ig.iorant, do yet know this much, that the first great command of God to man, recorded in the Bible, which is " part and parcel of the law of England," is expressed in these words :. " be fruitful and multiply and replenish the earth, and subdue it." And they further know, that after the lapse of six thousand years, the earth is not replenished nor subdued. Your Petitioners are informed, that the King of England rules over vast regions more fertile, and ten times larger than England, which are cultivated and inhabited only by a few savages : they see that the very parish to which they belong could nourish ten times its present population, and they can understand how it comes about that the law of God has not taken effect in this parish. They see rents, and tythes, and taxes exacted, and expended to the worst of purposes ; to sustain luxury and idleness; to keep alive .wickedf) priests, and (still more wickedf) lawyers ; to give employment to villanous stewards, and power to hard-hearted masters ; in short, to aid cor- ruption in every possible way, and make tyranny paramount. Your Petitioners know from experience, that there is health and happiness in labour ; they know, that " sweet is the sleep uf the la- bouring man," and they by no means grudge to earn bread by the sweft of the face; their most anxious desire, indeed, is to be allowed to have a sufficiency of employment, and ftiir pay for the same. Your Petitioners are informed and believe, that in America an agricultural labourer earns wages to the value of three pecks of wheat per day, and that a labourer of the same description in Eng- land could earn to the value of two pecks of wheat per day, but for * Presented by Mr. Benett, of Wiltshire, and ordered to be printed 19lh June, 1823. J. ^Q^^° .(j>{>(;ij; Qutofthe Petition before it was signed. Hi 44 coiii-Iinvs and cmifjntlion-laws :-omigrj^lion-Iitws which have boi-ii coiHleiniicii, and they ire of their r impossible es ill age or d poor-rates iiiiproHtably through the tbove is the uced during an, by the ?rs of Wily , praying to ducation for tate, that an >duced, and : — for every deposit, ano- lers, of the lis, apply to us deposited might be in- he authority was allowed the children l>Alilion*^rw ^ v^ ■ • •»*•-— - — r present dc- 45 niorable condition, and be made independent of parish aid, even though emigration-laws and corn-laws were not repealed. These facts are so undeniable and important,— these positions are so stable, that your Petitioners do most earnestly desire that a com- inissiun may be appointed, without loss of time, to visit Wily parish, and report to your Honourable House as to the same, after due innuii V is «i««de by a personal communication with your Petitioners ; ami that, in the mean time, this Petition may be printed in the Journals of your Honourable House, for the perusal ot any com- iniltee, commission, or board, having for consideration any question reiiardinu: the system of the poor-laws. '^ And they will ever pray, KOBERT GOURLAY, utid others. (A. 11.) To the Honourable the Commons, 5fc. THE PETITION OF ROBERT GOURLAY.* Humblv showetli, • . That your Petitioner did, on the 9th day of September, 1822, foir good and urgent reasons, throw himself for employment on the parish of Wily, ill Wiltshire. .... • i That, on the following day, his right of settlement in the parish was proved before magistrates, in Fisherton, near Salisbury. That, on the Uthof September, he was set to work by the overseer of the po<.r of Wilv, a»d ut of court, r Petitioner oner for the eturned, he ; again bro- )f the select first settle- parish for pay till the X shillings ; IS too little, ing to one theless, the breed yonr icb he did; overseer of noney, pro- irever, your 4T Petitioner declined to receive, having done no labour for the same ; and being then, from change of circumstances, able to live without parish aid. That your Petitioner left the parish of Wily, on the 23d of De- cember, 1822, finding that flints could no longer be broken because of the frost, and was cherished by friends for one month, in various parts of the country. ^ That the heart of your Petitioner becoming more warm from the kindness of friends, he felt disposed to apply certain sums of money which had been remitted to him by other friends, to defray his ex- penses on a pedestrian excursion, to see, and be able to witness, the miseries endured by the poor of England, at largo, during the severity of winter, and under the influence of poor-laws. That your Petitioner, journeying with this intent, passed through the counties of Dorset, Devon, Cornwall, Somerset, and returned into Wiltshire the 6lh of March, 1823. That your Petitioner found that the labouring poor of a certain parish in Dorsetshire could not purchase fuel : that they stole the whole of what they used, and sent out their little children to steal the same ; he also found that such was the case in other parishes, both of Dorset and Devon. That your Petitioner found that the labouring jioor of a certain parish in Dorset, were yoked together, and employed to haul ma- terials for the repair of roads, in carts, — a practice which had gone on for several years. That jour Petitioner foimd that the labouring poor did not, not- withstanding the greatest hardships, cease to marry, and procreate children: that, particularly, he found that a young man of Dorset- shire had just then married, applied to magistrates for relief, and received ail order to be relieved to the amount of two shillings per week. That your Petitioner found in Dev jMsbire, a county containing the best breed of people in the kingdom, most civil and handsome by nature, and where schools prevailed more than in most parts, that there were more frightful ruffians among the paupers than in any other quarter ; and that he ascribed this to the practice of appren ticiiig out children of the poor, at nine years of age, under which pr-ctice the children are generally taken away from school,— neglected in their habits of church-going, —exposed to horrible usage, — aud weaned from natural affection to parents. That your Petitioner found in a parish of Cornwall, fishers spending their time in tedious idleness, living upon a miserable parish allow- ance, and taking not ;he smallest thought of how they might better their condition, either by water or land : that this state of things was spreading among fishers iu other parishes, and could clearly be traced to the poor-law system, as its principal source. That your Petitioner found the miners ot Cornwall and Devonsliire earning high wages, and occasionally receiving large sums of money; but nine out of ten of them squandering the whole away, and making uo suitable provision for old age or infirmity— a consequence of bad training, deficient education, and poor-laws. I s' I- 1 48 cottages.- willing to work.-no where f"»y ^"»pK'/"„'^^ ^ where, though starving, shivering, and in rags, bearing up under calamity with a peaceable but sinking spirit. Your Petitioner has narrated these facts not «" y «" ^'^^^ account, but that of the paupers of Englaml •" general ho from an erroneous and most unhappy system of '"^^.f;" f " ' f whichSo reduced to a state of dependence ^"d nusery. t^^ like of ^^ h.cl. no other people ever experienced, and which loudly calls tor inquiry and amendment. „^,.,riiinn of tlip Your Petitioner has been conversant with the condilion of the labouring poor of England for upwards of twenty-two years H has had better opportunities of observing this than any <>l»'^^"^^' vidual, and by studying the poor-law system prad cal ly as we I a theoretically.-as a farmer and labourer, overseer ad P^ P««-|^ home and abroad, has not only become impressed >^''' ' ^ ^e .ef t at this system .equires instant and earnest a tent.on from »»'« /^f ««»»J"-^. but is confident that safe and effectual plans may be adopted to do .1 ^•^^ouJ^^ltSll^rl^dZig suspected, that great errors of opinion nreva led as to the poor-law system; but the futile attempts at ?e7orm made in your Honourable House, during the two last sessions of Parliament, Lst gave positive proof of this which ^o^^^^^^ corroborated by the bill now printed ( Mr. Nolans hill) for con- sideration.~-a bill which threatens to add confusion to confusion, and wholly overlooks the grand causes of evil. , Your Petitioner asserts, that the paupers of England require sub- slantial benefits and justice, not an enlargement ot mere statute aw to reJress their grievances. The 59th George HI. has been extolled as a wise statute, but your Petitioner has found it otherwise. Even from the above narration, it will be found that this statute has strengthened the hands of tyranny, and reposed trust in men, not onlv having an interest against the poor whom they are appointed to iudae and control, but who have proved themselves grossly ignorant both as to the spirit and letter of this very statute. From the above facts, your Honourable House will perceive that the select vestry of Wily' were uniformly in the wrong when disputing with your Peti- tioner ; and your Petitioner asserts, that t'le magistrates were also in the wrong, when they refused summonses, regularly applied for, to procure the fulfilment of a declared contract. These tacts afford a small specimen of the injustice and cruelty which the poor experience in the vestries and courts of Wiltshire ; and your Petitioner has wit- nessed such injustice proceeding to a vast extent, for many years, and without check or remedy, against paupers who were less able than your Petitioner to plead for themselves, and who, of course, became more the victims of tyranny and oppression. ^, found the ', and greatly ily-lwo years ion, through ernment : he ng in ruinous , and every- up under on his own I, who, from t, have been ; of which no i for inquiry dition of the years. He ly other indi- y, as well as d pauper, at a belief that le legislature, jpted to do it irs of opinion 1 attempts at ) last sessions proof is now till) for con- to confusion, 1 require sub- re statute law been extolled irwise. Even IS statute has t in men, not I appointed to ossly ignorant rom the above ;lect vestry of th your Peti- s were also in pplied for, to facts afford a jor experience tioner has wit- »r many years, vere less able 10, of course, 49 Your Petitioner asserts, that it is a principle of nature and religion that every man should have fair opportunity to earn bread by the sweat of his face: that the 43d Elizabeth corroborates this principle, as have many other more recent statutes : that, in particular, the 69lh George III. upholds this, even by authorising land to be appro- priated for the special purpose of, Keeping the poor employed; while, too, statute-law has decreed badges to disgrace idleness ; and while the bill now before your Honourable House proposes the same. Your Honourable House can see, from the above facts, that the practice of administering poor-laws is in direct opposition to their theory and letter, — in direct opposition to the duties of nature and religion. From these facts your Honourable House can see that your Petiti- oner was restricted to the earning of 3s. when he could earn 9,«. ; and that the tyranny of the overseer and vestry was confirmed by the neglect of the magistrates. Your Petitioner, in contemplating an efficient change in the system of the poor-laws, would first maintain, that all genuine and solid wealth is derived from labour ; and that it is the interest as well as duty of every good government so to provide that labourers should have a sufficiency of the necessaries and comforts of life. Your Petitioner asserts, that in America, even in British colonies, an agricultural labourer can earn wages equal to the value of three pecks of wheal per day ; and that, were it not for laws which restrain the importation of corn and transport of men,-— corn-laws and emigration-laws,— an agricultural labourer could, in England, earn wages equal to the purchase of two pecks of wheat per day. Your Petitioner asserts, that, while the price of labour is kept down throughout the United Kingdom by corn-laws and emigration- laws, that in England it is depressed still more under the system of the poor-laws ; and that this is evident from the fact, that, while 4n Scotland common labourers receive from 6s. to 9s. per week, the wages of the same description of labourers in Wiltshire runs from 3s. Qd. to 7s. In Wiltshire, a common labourer, with a wife aird four children, had, ten years ago, 19s. 6d. per week ; and, latterly, he has not been allowed more than 7s. 6d. a week, by the same rule of the poor-law system. Your Petitioner asserts, that he himself, living on the earnings allowed by the select vestry of Wily, for three months together, could not afford to purchase a single ounce of butchers' meat, or a drop of beer; and had, by the reduction of his pay from 4s. 6d. to 3s. a week, to lessen his consumption of bread, and live chiefly on potatoes. At the end of three months, your Petitioner found himself unable, from his pay, to have his shoes repaired, and, without an increase, must, assuredly, in the course of a few years, be clothed in rags. Your Petitioner protests against badging for idleness. He feels that a ragged coat would be disgrace sufficient ; and he knows that an empty stomach has a natural and excellent effect in quicken- ing industry. He knows that quickened industry can produce wealth, and that national wealth may be most increased by a liberal allowance of pay to labourers ; on the contrary, that want of full H 50 en^ployment and fair pay must lend to poverty as well of the nation as of individuals. , . i u ^^a im? hv an extraor- Your Petitioner «as not bred to labour. «"^^ ^^^'^^^ J ^^ ,,orse din.ry run of misfortune «»d P^J^^h °"r'of his Tee a^^^^ Ave than mere poverty. He is m the 45lh year of h s «SJ.^" , ^i,^ children; but if your Honourable House ,vou1d^e^^^^ ^^^^. corn-laws and emigrat.on-laws or «f,"P j" P °PX„,y give up his tion of pauperism in E"g «?"'>e r"M J°'S^ claims on the parish of W, y. both f^^-.^V"'^^'; 'f jiS .^ he would not fear going out u.to the world to earn a l.venn by the sweat of his face. pornestlv entreats that your paupCTs; Hsiei. to ,vliat li» lias lo sa, regarding » «'»:'» ■''"/ I* L/s,s.e„, ; a„d repor. .he whole '"j;;,''-'"-';';;';:'"- , ^^ ROBERT (lOURLAY. ^A. 12.) To the Honourable the Commons, Sfc THE PETITION OF ROBERT GOURLAY And Female Parishioners of Wily, in Wiltshire.^ That"rm^n orwt'bave again and again, during the last nine longer think it improper even for females to petition your Uonour- ■'' Tllat" vo'ur Petitioners have learned that negro slaves have not only . s^fficircy of land allowed them, free of charges, for the growth of Provision but twenty-six days of each year, besides Sundays and Cidavs for he cultivation o'f the same; that nvgro slaves are not S fio^o k -ore hours a day than English labourers ; and do not perform, in an eq ual period of time, nearly so much work; that * Presented by Sir John Astley, end ordered to be printed. March. 1824. t Faniphlet liy Mr. Wilberforce. ' the nation ail extraor- d to worse nd has five repeal the r the aboh- give up his lildren, and liliood even ; that your sion to visit your Pclili- his fellow- ()f the poor- louse. loURLAY. lire * [he last nine it the condi- sessiou, three h, and 21th 1 fer. rom publicly t negro slaves Parliament ; e, and huma- ;half, they no ^our Honour- have not only the growth of Sundays and slaves are not rers ; and do h work ; that 61 negro slaves are not only able to bring up their children, but are encouraged to marry, and have large families; that negro slaves rear quantities of pigs and poultry, not only for their own use but for sale; and that, with industry and frugality, they may possess sufficient means to purchase up, were they permitted, their children's freedom. That, during the last fifteen years, the condition of negro slaves has been improved in many respects, while that of English labourers has become notoriously worse. That, formerly, it was not usual for English women to be subjected to hard labour out of doors during inclement weather ; but now some of your Petitioners are obliged, even in winter, to spread manure in the fields, to pick stones for the roads, and do other work ill befitting the female frame, and manifestly at variance with the design of Providence. - • . i That your Petitioner, Robert Gourlay, has lately conversed with women of Conipton, a neighbouring parish, who are now, and have long been, employed in repairing the public roads, and who receive only erf. a day for this employment : that he has heard their sad complaints and anxious desire for milder treatment. Tliat, on the 19th day of the present month of February, while the air was chilly in the extreme and the ground thickly wreathed over with snow, he, the said Robert Gourlay, travelling in Wilt- shire, on the road from London to Bath, saw women spreading earth on the pastures ; women planting beans in the dirty ploughed field : and, in one place of the highway, six women together breaking stones for its repair. , o i r^ That your Petitioners have seen the Report from the Select Com- mittee ou the Emplovment of the Poor in Ireland, and particularly page 182, where the Countess of Glengall declares, that " the people " under the better sort of farmers are worse off than any of the slaves " in the West Indies ;" and your Petitioners, from their own experi- ence in the parish of Wily, are loo well assured that this declaration may be perfectly correct and true. Your Petitioners, therefore, most earnestly entreat, that, before the charity of your Honourable House is entirely expended on negro slaves, you will think of doing justice to English labourers, and more especially to females: that you will appoint, without delay, a com- mission to visit Wily parish, to inquire into the actual condition of the labouring poor, now truly deplorable, so that facts may be better known, and effectual means contrived for relief and improvement. They also entreat that this Petition may be printed for more ready perusal by any committee, cominissiou, or board appointed for the consideration of this subject. And they will ever pray, ROBERT GOURLAY, I and Forty Female Petitioners. ;li, 1824. 5*2 (A. 130 To the Honourable the Commons, 6(c. THE PETITION OF ROBERT GOURLAY, With Farmers and Labourers of the Parish of Donhead St. Andrew, in the County of Wilts,* HumWy showeth, . . u c That seven years ago, when poor rates were high, and the means ot paying them greatly reduced, it was proposed that an acrfe of land should be given for cultivation, free of charge, to each man with a family, who should agree thenceforth to relinquish his claims for re- lief from the parish of D6iiliCi»d St. Andrew. That in this way eleven men were bargained with and accommo- dated, all of whom'have since maintained themselves and families, without further aid from the parish ; and thus have the men them- selves been better satisfied than formerly, while the parish has been greatly relieved from expense. That from the experience of all parties in this parish, as well ter- mers as labourers, during six years' trial of the above practice, it is believed by your Petitioners that the poor every where might be greatly benefited by being accommodated with land for cultivation at spare hours ; and that even a single rood for a garden, were it adjoin- ing to the poor man's house, and held in perpetuity for its fair value, would be every way beneficial. Your Petitioners having heard that a bill is to be laid before your Honourable House, for the better employment and maintenance of the poor, have deemed it dutiful to state these facts ; and entreat that this petition may be printed for the more ready perusal of any committee, commission, or board, which may be appointed to consi- der this subject. And they will ever pray. ROBERT GOURLAY, With twelve farmers and ten labourers with land. (A. 14.) To the Honourable the Commons, 3fc. THE PETITION OF ROBERT GOURLAY, With Farmers and Labourers of the Parish of Donhead St. Mary, in the County of WHts.^^ Huinblv showeth. That Ihe inhabitants of this parish having witnessed for five years, the great benefits both to rich and poor, in the adjoining parish of • Pri'scnted by Sir Jolm Astley, m»d ordered to be printed, March, 1824. f rtescntcd by Sir Jolni Astley, and ordered to btiirinted, March, 1821, onhead St. the means of acrfe of land man with a aims for re- id accommO' nd families, ) men thcm- ish has been as well far- ractice, it is re might be ;ultivation at sre it adjoin- :s fair value, before your lintenance of and entreat jrusal of any ted to consi- )URLAY, rs with land. hnhead St. )r five years, ing parish of rch. 1824. rch, 1824. 53 Donlicad St. Andrew, resulting from the practice of accommodating poor labourers with a little land, for cultivation at spare hours, it was resolved to grant to each man in this parish, requiring it, a portion of land, not exceeding half an acre, upon condition of paying a fair rent lor the same. That, accordingly, twenty men were thus accommodated ; and after more than a year's experience, the plan has been found extremely be- neficial to all parties : so much so that your Petitioners are assured, that were even a rood of land allowed to every man adjoining his cot- tage in every parish, for its fair value and in perpetuity, it would as- sist greatly, not only in adding to the comforts of the poor, but would tend to the reduction of parish rates. Your Petitioners having heard that your Honourable Honse is about to discuss the subject of poor laws and poor relief, have deemed it their duty to state these facts : and to entreat that this petition may be printed for the more ready perusal of any committee, commission, or board, which may be appointed for the consideration of this subject. And they will ever pray, ROBERT GOURLAY, With seven farmers and eleven labourers with land. (A. 15.) To His Most Excellent Majesty George the Fourth, Sovereign of the United Kingdom of Great Britain and Ireland, 3fc. fifc. Edinburgh, May 1st, 1824. Sire, Twenty months have elapsed since a letter written by me, in Lon- don, was laid before your Majesty here, and referred to the Colonial Department. May it please your Majesty : it is humbly conceived that this letter was not duly considered, or it would not have been referred ; and least of all to the Colonial Department. It appealed to \our royal heart, and pledged my honour as a Scotsman, while your Majesty stood on Scottish ground. During three years I had peti- tioned Parliament and your Majesty in Council for redress of griev- ances without avail. I had all along been willing to substantiate claims to a hearing, with facts, and reasonings, and witnesses. I trou- bled your Majesty only after there seemed to be no hope otherwise, and when the heart was warm. At this moment, and in this mood, was it not cruel to be handed over to a department which contained, or was connected with, my enemies ? For no mercenary or petty per- sonal consideration did 1 solicit leave to return to Upper Canada free from arrest ; but, for the noblest public objects, and for your Majesty's honour as well as my own. Under the auspices of God, the king, your father, had succeeded in war, and it had become the duty of every one to think how peace could be prolonged and improved. The greatest, the best, the most urgent work of peace, was the reform of English poor-laws, and generally to ameliorate the condition of the ! ! 54 labouring classes tlirougliout the United Kingdom. To this great work h^ad steadily looked for many years ; and gomg abroad to Ca- nada. the field of action was widened to view. On this ue Id, to be S than enthusiastic, would have been less than duteous to u cause of truth and civilization. Look. Sire, to the sketch ot JNorth America appended to this letter. Your father lost the bes part of fhatfinecoLtrv; but the largest part is still yours. Consider for what end the ear h was created. an«l remember that we have been Tom nanded to replenish and subdue it :- consider that there .s room JJi^llions of BHtish subjects, and hundreds of mdl.ons yet unborn: -.c"n ider that nothing niore is required on your Majesty s part, but good will and arrangement to originate a steady flow of emigration to British America, and rapidly to extend <^"»t'y«'7 /'^°"\ *''^,5 ; Lawrence to the Pole.-Look to the extreme point of America, and think how vain it is to seek a passage to the north-west, through e Frozen Sea. when the waters of the St. Lawrence invite to inland navigation, and when the hand of man could easily complete he obviou^and great design of nature; when the redundant popu- lalion of Britain and Ireland, starving at home for want of employ, went, could profitably be carried abroad to open a watery xvay to the Pacific Ocean through the continent of America :-thmk how it would redound to the glory of your Majesty's reign, to forward a design so truly great, so sure of success, and so big with advan- *^^Sire! look now to the other appended sketch.* It is that of a parish village in England ; and here your labour of love should com- mence;-here you should take by the hand the dejected pauper, and lift him above oppression. Here he wants but a rood of land on which to acquire strength; and thence he could transplant himself into your Majesty's foreign possessions, there to prosper and grow still more strong-there to carry with him loyally and patriolism. Sire ' look to the cottages on this sketch. These are such as your Doorest industrious subjects should be able to erect, and so it may be without encroaching on the rich. It is not irom oppression hat wealth has its greatest increase, but from well stimulated industry; •and a hope of possessing such cottages would righily stimulate.- Sire ! were labourers of England in possession of such cottages as these, how glorious would be England's King ! Having waited twenty months without reply from the Colonial De- partment, may I now entreat that I may be confronted openly and fairly before Parliament, with the Secretaries of that Department, and also with Deputies now sent home from Upper Canada, in the face of whom I shall set forth the mismanagement of that province, and prove that it may be rendered profitable, instead of being, as hi- therto, wasteful to Britain. Sire ! you cannot long hold dominiou over American provinces, ruled as they have been ; while with hbe- * These were two mans attached to this letter : one of North-east Arncric«, (which is here exhibited chiefly for atter rellreacc,) uiid one of the village ol Wily, wiih llirec plans and elevations ol cottages. I ftlff/wvrticor.iVH/vrirti/ ^mcricu, (wliich Wily, Willi Ihree lV iiaiUim /'' ■1^ ^^^/J B A i^ I'r/vr thn,t.i<9 A» .V,./.- il.t'.»n ,Ctnvtif . litlitu'hed ^-loniimaji %.• I'^Paterm^^Ur lu>ii; 6V5 ral policy Ihey may be retained for ever bencalli llie crown of Eng- '""sire I am willing to lay before the Home Department a plan for the extinction of pauperism, in connexion «ith agrand system of emi- gration : but should do little hono.ir to the Kmg. were I to bow to his servants unassured of the royal regard and confidence while by his servants I have been cruelly deprived of the dearest nght of alle- Kiance. I am. Sire, the father of five children, who. while I »v«8 beset in Canada by tyranny and intolerance, were driven from their horn by oppression the most ruthless We have for six years been unhoused; but from the depth of adversity shall not truckle o power, or give the slightest countenance lo its abuse. I honour you. Sire, as the King who can do no wrong ; I respect you as the head of .he British cu.pire ; and love you as the successor of Bruce, the champion of mv country's freedom : but, for these very reasons, shall ( ere more rigidly to principle, and above al to the principle of Z endence. If 1 am to receive your Majesty's favour, let me have itwi hin the month this day begun, for now it could be turned to the belt account. If I am to receive favour, let me have the appended sketches returned with your Majesty's signature: that of Amenca uermittin" me to return to Upper Canada free from arrest ; that ot l^^lt village of Wily, to be dedicated to your Majesty as protector °'MeamXle; believe me. most faithfully, your Majesty's dutiful and loyal subject, ROBERT GOURLAY. REPLY. o Whitehall, 2dJune,\S24. I am directed, by Mr. Secretary Peel, to acquaint you, that your la er wS yon forwarded to him on the 12lh ultimo addressed « "King relative to poor-law reform and emigration has been du y laul before His Majesty, and that His Majesty has not been pleased to sienifv anv commands thereupon. "b J " I remain. Sir. Your most obedient humble servant, Mr. Robert Gourlay. H.HOBHOUSE. 13, Clifton Street, Finsbury. (A. 16.) To the Honourable the Commons, &!c. THE PETITION OF ROBERT GOURLAY,* Tha tTl«^ t: rX PeU.ioa» pre^^-M .0 y°-r Hoao-rable . Pracn..d b. Sir John Aillej, ... where, of all I. These can iiiageiueiit no leaiii* of them {jositiuiis, and o be admired the mere pa- tary suhscrip- iii^dom, ill tile istablishments reform of Ilit e will aii'lresii obtained, and etitioii may be board, having JOURLAY. ,AY, ihire.* )le House the oners, and re- d and received rora which the rstery as to the tion, for a long )s of industry, f these wasted try ; while in- dinary circum- h a discharge. s have marked, sequences, and cted upon with be printecl. K << (( 11 l< « « << l< 41 «( (( l( « l( l( roperty, but, as sincere friends to peace and good order, they wish to see that which regulates all the commercial transac- tions of men, and which is necessary to give i'scitement to industry, kept in its proper place : they wish no longer to see real property swallowed up and endangered by a bubble, whose increase, under existing circumstances, must rapidly tend to explosion, and whose explosion can leave nothing behind but wretchedness and woe. With a change in the scheme of taxation, your Petitioners have per- suaded themselves that certain proposals, if adopted, would co- operate immediately to revive the industry of the country, and, m a short time, do away all necessity for poor-laws and poor-rates. These proposals are— . , , • » • • " 1st. That in every parish, not comprehended in nor containing a towii of more than one thousand inhabitants. Government shall take possession of one hundred acres of land, being the nearest clear land to the respective parish churches, and otherwise best suited to the purposes in view. .- i i j •» " 2d That Government shall pay to the owners of such land its fair estimated value, raising one-half of the whole estimated means, for this purpose, by a rate similar to a poor-rate, only that owners of property shall be assessed instead of tenants, these latter being obliged to pay legal interest to the former, during the currency of existing leases, upon the amount of assessments raised from their (< (( « u <( « « <( <( n << ir male, as in that the heir ly near of iiin to the nearest le nearer than r the cottage; e terms, then re possession, by proximity lall claim pos- irnmcr.t, from 59 whom heirs shall receive the value of tlie cottage, and the cottage- hold shall be open to public purchase or exchange. " 12th. That, as soon as a cottage-holder shall have had no relief, from the parish for the space of two years, he shall be entitled to vote in tlie parish, and have a right to pasture a cow on the common. He siiall be styled a freeman. " 13th. That, if a freeman shall throw himself for relief on the parish, he shall lose that designation, his right to vote, and pasture ; nor shall he recover these till he has lived five years without parochial aid. " t4lh. That, as soon as a freeman has paid into the bank the sum of £G0, the same shall be received by Oovernment as pur- chase-money for his allotment; shall free him from the yearly payment of rent, and make him eligible to parish-offices. He shall be styled a parish-freeholder : succession o be regulated as above. " 15th. That all sales and exchanges shall be made through public medium ; and, at once to facilitate and regulate these,, there shall be corresponding registries, — parochial, district, county, and national. •* 16th. That no person whatever shall possess, either in one or more parishes, more than one holding; and no person shall have a choice, nor be allowed to purchase, under twenty-one years of age ; but a heir male shall be allowed, while a minor, to hold possession, although he shall have no vote nor be eligible to offices till he come of age; provided always that none of .the relations, entitled, as above, to a share of the valued property, become chargeable to the parish while their share is unpaid, nor the heir himself, for, in such cases, the holding shall revert to public possession, and the residue only, if any, of the value of the cottage and freehold be paid to the heir or heirs, after the parish charges for maintenance have been deducted. " Although your Petitioners frankly submit these proposals to the consideration of your Honourable House, they do not press their adoption in the letter. Your Honourable House may see fit to modify the scheme : the common pasture may be dispensed with, and the number of allotments may be increased, diminished,, or regulated, as circumstances may require. Your Petitioners chiefly insist that it is essential to the abolition of pauperism in England, that an opportunity liiay be aft'orded for the labouring people to acquire property and personal freedom, both which they have lost through the operation of the poor laws, and which they can never regain, under existing circumstances. To ailord half an acre of land to all who require it would not require an hun- dredth part of the national territory, and when it is considered that the poor once possessed many houses and gardens in every parish, and enjoyed all over England extensive common-rights, of which, in many cases, they have been unjustly deprived, such restitution must seem far from extravagant or unreasonable. Your Petitioners, though.they most earnestly wish to see a wise reform of Parliament, do not wish the parish vote to qualify directly for 4 " pailianirnlary olotljon. and lliey posilively disclaim and •^""•"•c, " what is commonly understood by universal suffrage. 1 hey leel «« that the mass of the people never could be competent suthcienMy " to estimate the comparative merits of persons aspiring to a seat \n " Parliament, although thev could well judge which of their fellcw- " parishioners were most worthy of otfices and trust, within thoir «' repective parishes, and which of them might be best qualified to «' act as parish deputies, at district or county meetings, whether as- " sembled for parliamentary election or otht-r business. " Your Petitioners, therefore, most earnestly entreat, that your " Honourable House will immediately withdraw all taxes on malt, " salt, soap, candles, leather, bricks, and tiles ; contract no more " debts, pay all national charges, unprovided for by an assessment " on rents and interest of money increasing the ratio ot assessment " upon great incomes derived from the same. That, having done " this. Your Honourable House will take into most serious conside- " ration the above proposals, and particularly that yon will so enact, " that every British subject, grown to man's estate, shall have an op- " portunity of occupying half an acre of land for its value, whereon " he may establish hi's freehold." Your Petitioners, having reconsidered the above extracts, would acaiii desire it to be understood, that they do not wish to press the adoption of their proposal in the letter: -that they wish not to dictate, but to originate inquiry; and they are now more earnest, seeing that attempts have been made in this and the two former sessions ot I ar- liament. to reform the system of the poor-laws without success. Your Petitioners are now convinced that a rood of land, Scotch inea- sure would be sufficient for each man to possess, instead of the half acre'above mentioned, and for which he could afford to pay twenty- five shillings. They arc now convinced that the hundredth part of the land of every country parish would be sufficient and proper for oovernment to purchase up, and appropriate to this purpose. They now, therefore, entreat that the whole of these premises may be taken into the serious consideration of your Honourable House, and that this petition may be printed, for the perusal of any commit- tee commission, or board, which may be appointed to investigate the subject of the poor.|«,. ^^^^^^ OOUIILAV, And others. (A. 18.) To the Honoiirahle the Commons, Sfo. THE PETITION OF ROBERT GOURLAY, And Parishioners of Wily, in Wiltshire,* Humbly showeth. That your Petitioners have looked upon the following wor«»;;"g poor of Wily are now unable to do. Through the influence of he poor-law system, the wages of common labourers are now suU,ected to rules, over which they have no control ; and under which ..« t xe - tion of theirs can improve their condition Under this «>«»*'">"•'- rjcd labourers can no longer move from place to place in q»t»l oi ■! i 62 employment ; aud it is impossible for the stoutest and best beliavrd to bring up a family of more than two children, without parish assist- ance. Under this system, those who apply to the parish for relief, are here allowed as follows t — a man, the price of a gallon loaf, and sixpence per week ; a woman, or child of above twelve years of age, the price of a gallon loaf and fourpe, ce ; children, from eight to twelve years, the gallon loaf and twopence ; and children under eiglit years of age, the gallon loaf : allowances wholly inadequate to sus- tain health and vigour, unless when the price of bread is above an average rate ; when the loaf was three shillings, a man with a wife and four children, had nineteen shillings and sixpence per week ; but of late, it has been as low as one shilling, and then the same family Lad but seven shillings and sixpence per week. During last winter, when the gallon loaf was one shilling aud fivepcnce, and eighteeu- pence, a common labourer had but six shillings a week : and sonio had to maintain out of this, a wife and two children ; while they naid forty shillings for house-rent, and as much for fuel. Your Honourable House must be sensible, from consideration of these facts, that the condition of the labouring poor in this parish is truly deplorable, and calls loudly for improvement. Your Peti- tioners have heard that a committee is about to be appointed, par- tially to inquire into the condition of labourers ; but they have no hope from partial measures. They are assured that the system of the poor-laws is fundamentally vicious, and requires to be wholly changed. They believe that the first step should be to inquire minutely into facts and circumstances— to examine, not only the payers of rates, but the poor themselves — to visit them in their cot- tages ; there to hear their complaints, and see their condition. They now, therefore, most earnestly entreat, as they have before entreated, that your Honourable House will, without delay, appoint a commission to visit Wily parish for this purpose. Also, that this petition may be printed, for the more ready |)erusal of any cummittee, commission, or board, which may have for consideration the subject of poor-laws. • And they will ever pray, ROBERT GOURLAY, And fifty-eight other subscribers. (A. 19.) IN CHANCERY. Between Robert Gourlay, , , Plaintiff', AND The Most Noble Edward Adolphus Duke of? r^ . , Somerset, j Defendant. To the Right Honourable the Lord High Chancellor of Great Britain, The humble Petition of the Plaintiffs Showeth, That your Lordship delivered judgement in this cause, the twcnfj-^ figlilh da received i 03 )t'sl beliavcd VArhh ussiiit- h for relief, Ion loaf, and years of age, 0111 eight to I under eiglit ]uate to sus- is above an 1 with a wife r week ; but same family last winter, ind eighteen- : and some ; while they sidcration of n this parish Your Peti- [ioinled, par- they have no ihe system of to be wholly e to inquire not only the in their 4 hient but other declarations of tlie D..Ke of Somerset, broiiglit to Deptford Farm, from Scotland, servants, Lorses, and implements, all of a snperior kind : that he improved the farm to such a degree, that judges, appointed by the Wiltshire Agricultural Society, gave their written testiniony that not one in ten thousand had done so much : that he gained premiums from the Bath as well as from the Wiltshire Agricultural Society for the best ploughing and the best crop; and, in short, performed, in every way and in the best manner, not only the stipulations of the written agreement, but tiiose that were other- wise clearly understood. That, nevertheless, the Duke of Somerset disputed the validity ot the agreement ; quarrelled with your Petitioner on its terms ; and, while he did not perform his duty to your Petiticmer, seized and sold his sto.k for rent, which could not be paid from the farm-produce, because or the non-fulfillment of the agreement on the Duke's part; and which your Petitioner, being distant from friends, could not otherwise safely and conveniently pay. That the Duke of Somerset, after doing this, gave your Petitioner notice to quit the farm ; and left him no other shift but to tile a bill in chancery for specific performance of the agreement ; which he did in 1812. That your Petitioner obtained an order in Chancery for a lease; gained from the Duke of Somerset, in one issue-trial, one hundred pounds for non-performance of agreement ; and, on another issue- trial, thirteen hundred and twenty-five pounds for buildings erected in terms of the agreement ; besides three hundred and eighty-five pounds of costs and interest. That, in 1815, your Petitioner's father having failed, and all his prospects in life being thus changed, he resolved to go out to Canada, where he had landed-property and friends, in order to see whether he might not remove his family thither, after sub-letting Deptford Farm, which he had a right to do, or agreeing to give up his lease to the Duke of Somerset. That your Petitioner sailed from Liverpool in April, 1817, intend- ing to be again in England in six months : that he left not a single penny due to any person in Wiltshire : that he left all his alfairs in the very best order, under the management of the best and most faithful servants : that he left, in the hands of his solicitor, rent to be paid when demanded by the Duke of Sossior^jet (which was de- manded and paid) : that he placed, with a fiiv ad, five hundred and forty pound;, to be divided among creditors ; and, as his last piece of business « 'ade ofl^er to the Duke of Sr. nurset to give up his lease of Deptford farm, upon submission of ; ruis to gentlemen mutually chosen. That your Petitioner, on getting to Uppci Vm^da, was seized with an ailment which confined him to the house rieauy two months, and prevented his getting home at the appointed ii- e That the Duke of Somerset, having first »x:\r,ad the offer of your Petitioner to give up the farm, did, at Michaelmas, 18 J 7, while no rent was due by the custom of the country, and while he was in- , Lrouglit to pleinontii, all degree, that \j, gave tlieir le iio much : the Wiltshire t crop ; and, ler, not only t were other- le validity of terms ; and, ized and sold arm-produce, Duke's part ; 3, could not »ur Petitioner t to file u bill wbicli he did for a lease; one hundred nother issue- iings erected id eighty-five , and all his ut to Canada, I see whether ing Deptford p his lease to 1817, intend- not a single I his affairs in est and most citor, rent to hich was de- hundred and lis last piece e up his lease men mutually ts seized with mouths, and offer of your J 7, while no iile he was in- (i5 debted to your Petitioner about one hundred pounds more tlian the amount of any rent which could, by the strictest interpretation of iigreenient, be claimed, demand rent from the wife of your Petitioner, and beset Deptford farm-house with bailiffs for upwards of a week. That, thouglj the wife of your Petitioner did, by borrowing money, pay tlic Duke of Somerset's demand, with expenses of distraint chari,'cd in addition, she was, by this niost cruel and unnecessary conduct of the Duke of Somerset, panic-struck, and in panic aban- doned the farm, contrary to the instructions and wishes of your Pt'titioncr, and while it was injpossiblc for him to get home in time lo stay proceedings. That your Petitioner's wife, though one of the best and most iicconiplished of women, did, under tiie continued influence of panic aiid dread, trust the settlement of bis affairs to people who had no interest whatever in his welfare, and wrote letters to Canada, giving iissiinmce that all was managed for the best :— that your Petitioner, heins,' unavoidably detained in Canada six monlbs after his slock and farm had been in the possession of his successor, and after this person bad connnenced the operations of a second year, being de- luded with reports sent from home, and still more with an assignment subscribed by his solicitor, did, without suspicion or due considera- tion, put his name to the same, by which his lease was conditionally made over to the person in possession of the farm : — that, after this, he was forcibly detained abroad, and did nt)t gel home till December, ItnO, when he discovered, for the first time, that his lease, which he had valued al three thousand pounds, had been given away for notliing ; that his stock had been valued at half its worth, and that half put into bond for the security of his successor in the farm :— that his Itase had been assigned away while it was not yet settled by the Master in Chancerv :— that the Duke of Somerset had objected to the assignment, an'd had furliier resumed the suit in Chancery by an Hppeal from the judgement of the Master of the Rolls to the Chan- i.,;||or,— in short, thai his aftairs were not only in the most dreadful state of confusion, but that he had not a jjeiuiy left in the world at liis disposal.— That, in this situation, your Petitioner suftered his liouschold-furnilure to be sold to pay law-expenses in meeting the Duke of Somerset's appeal :~that, the cause coming on tor a hearing iu 1821, fees for pleading were paid out of this fund, but without avail, the Duke of Somerset failing to appear in couit, and after- wards, finding excuse for not appearing, got liberty to go on willi the suit for a mere deposit of ten pounds, and when your PeljUoner s uionied means of opposing him were exhausted. That, in 1823, the cause came on for a hearing, when the Dukes Counsel declared to the Lord Chancellor, that " il was not a question of rc-pai/ment, but whether his noble client should sit down under the obloquy of having oppressed and persecuted a private indivi- dual." That your Peliiioner then pled his own cause, and, lu January, 1824,' obtained a judgpmenl iu his favour. With the above facts substantiated, it is conceive*! i.at no doubt can be entertained but that the conduct ot the Dcfendaut has been, Hiroughout, malicious, and iulcudcd only lo luin the Plaiuliff:— that 06 the appeal from tlie jmlgeiiieut of the Master of llie Rolls was, uiulcr all circumstaiice^i, a most glaring proof of lliis, and, still more so, the threatened appeal to the House of Lords. Seeing that the lease is not yet obtained, whitii was the main object of the suit, — seeing that the Pluintitf d>road, inavoi dablv (letained there when anied me masters report was njaue, — seeing mat, uy oeing abroad, the Plaintift' lost opportunity to enter a!i appeal, on his part, from tlit judgement of tiie Master of the Rolls, which might have gained him re-payment of a large sum of money expended on the buildings of Deplford-farm, — seeing that his whole properly is out of his hands, and that they who hold it are unwilling to render up the same, — seeing that the Plaintiff was bred to farming, and has no other way of providing for himself and family, — seeing that he and his friends have expended not less than ten thousand pounds from being con- nected with Deptford-farm, — and, lastly, seeing that, by extraordi- nary distress, he has, in various ways, been unable to tnaintain his plea regularly and with full effect; — seeing all this, and considering the above facts and circumstances, it is now hoped that your Lordship will devise means by which the ends of justice and equity may yet be reached, — by which the Defendant may be made to answer for his malicious conduct, — by which the Plaintiff may recover pos- session of his farm, only conditionally let, — by which his boiided property may be restored, — by which he may be rescued from the gripe of oppression, and be able to rejoin his family, from whom he has been sejiarated upwards of seven years, cwing to this cause. He, therefore, entreats that your Lordship wil'i direct that he, the Plaintiff, be visited, examined, and assisted. And he will ever pray, ROBERT GOURLAY.* years. * The aLove Petition was included in one presented to tlie House of Commons, by Mr. Bennett, March 22, 182o ; and to the House of Lords, by the Karl of Eldiui, the 24lli of the same month, thus : — To the Right Honourable the Lords Temporal and Spiritual of the United Kingdom of Great Britain and Ireland, in Parliament assembled, THE PETITION OF ROBERT GOURLAY Humbly showelh. That your Petitioner delivered to the Lord Chancellor a Petition, of which the following is a copy : — (Tlic above taken in). That, in answer to the above, a note was received on the 15lh of December, 10*4, acquainting your Petitioner that the Lord Chancellor could " direct no judicial pro- cteding upon it." That your Petitioner having been advised by the Lord Chancellor's Secretary '> consult counsel as to his conduct in this business, applied to two eminent barrisiC , but could, without payment, obtain no advice from them. That he has since gone before visiting-magistrates, in the House of Correction, Coid-bath-fields, where he is now confined, expressing a desire to tal, lit the lease iit, — seeing llierc when (broad, tlu: I, from tlic gained him tiiildiiij^s of his liands, he same,— ) otiier way I his friends being con- i extraordi- rnaintaiii his consideriiiir that your and equity le to answer 'ecover pos- his boiided ;d from the )m whom ho s cause, tct that he, OURLAY.-* f Commons, by rl of Eldiin, the itual of the Parliament 1, of wliicli the (cceiiibcr, lOC-l, riL' judicial pro- ir's Sccretai'v "> incut barrisu.-, has since gone Ids, wliere he is ich he might be d not adiniiiistrr abcas vnrim), to coniiuand. (17 Copy of a Letter to the Lord Chancellor, with Papers com' initted to his Jjordship's care in August, 1823. House of Correction, Cold-hath-fields, September 6th, IQ'M. My Lord, It was not my intention to trouble you further, but Mr. Pensam called upon rae here, last Thursday, holding in his hand my letki to your Lordsliip, of 20th ultimo, to say, that your Lord- ship had no recollfclion of my letter of August 9lh, 1B23; nor of the papers which accompanied it. He also said, that they were not in his possession. In consequence of this, I have hereniilo annexed copies of the letter and papers, to«:elher will) a second letter to the King, laid before His Majesty last May. Should your Lordship think fit to lay the whole before the King, for actual perusal, I shall be happy to enter into explanations of the vast scheme of connecting poor-law reform with emigration, which has engaged my thoughts for seven years, and which no other person seems to have contemplated, though of the utmost consequence to national welfare. After the American war, Mr. Oswald, a London merchant, was entrusted with settling the boundaries between the United States and Canada. He ^ave away territory equal in extent to the then settled part of the United States, which might have been retained ; and afterwards shed tears for his error. Present ministers have agreed to sell to a com- pany the government reserves of Canada and half the church lands, without consulting Parliament, or duly considering the good which might accrue to England, from judicious management and due preparation. If you think these hints of no value, and my papers unworthy of being laid before the King, I shall be glad to have this Tliat the farm in question was surveyed in the month of January last, by two ex- perienced agriculturists, who have made oalli, that the remaining six years of the lease is worth twelve hundred pounds. That your Petitioner is willing cither to receive this sum in compensation for the remain- ing term, or to re-enter the fstrm; but has no means of bringing the occupier to a seUle- ment of any kind ; nor even to make him account for rents payable, which he has lately refused to do, while the Duke of Somerset is still more unreasonable and unwilling to accommodate. j • • ■ That, even although your Petitioner could command money for detraymg law charges, or be admitted to plead informA paitpem, such has been his experience of Chancery practice, that, without reform in that court, he can have little hope of benefit, even though he ultimately succeeds at all points, as be has hitherto done. That thirteen months ago, he prepared a petition to the House of Commons, with a view to the reform of Chancery practice ; but seeing that a commission was soon after appointed to inquire into the same, his petition was not presented. That his present object is to show how very cruelly he is situated, and how urgent is his case, so that your Lordships' House may stimulate the energies of the Chancery commission, and hasten its report on the subject of delays in that court, so notorious and so fatal to justice and equity. •. j He, the.-efore, entreats that the whole of these premises may be seriously considered by your Lordships' House. And, as in duty bound, he will ever pray, P-OBERT (iOURLAY. Si with the :»iinfxalionH wiilleii on the twenty-six following pages, returned to me in the course of ten days. 1 think the whole ol sucli consequence, that I shall subscribe this before witnesses, and am Your Lordship's obedient servant, ROBERT GQURLAY. Witness to the signing ) gj ^.j hereof, j ** ' To the Rigkt Honourable the Lord Chancellor. Wm. J. Humphrey. Thos. Carlos. 13, Clifton-street, Fimtbnry, 9th August, 182!J. My Lord, , , ■ I am waiting here with great anxiety for the heariig of my cause against the Duke of Somerset. Last Saturday, you said you would name a day for it, and a clerk of the court, to whom I gave my address, promised to inform me of this ; but it is now the evening of another Saturday, and I am without intelligence. I am q«iite ready to proceed with my replies to the Duke's counsel, and shall appear in court on Monday, hoping that you may name Tuesday for the hearing. I have become apprehensive, from the week's delay, especially as you close your sittings by the ICth inst., that you may be labouring under mistake regarding my wishes in this business. I heard very little of the observations which you delivered after I had read in court my preparatory papers ; but from the newspaper reports 1 learn, that you said ray papers might have been read to any other person in the kingdom with equal propriety, as to your Lordbhip : also, that your Lordship advised parties to come to a selllenuMit of disputes by arbitration, and that Mr. Hart replied, he could not submit the question before the court. Let it, then, be understood clearly from me, that I did not, and do not, wish to submit the par- ticular question now before the court to arbitration: 1 wish that to be decided by your Lordshiji, -ind as speedily as possible. The object I had in view, by reading the papers above-mentioned, was to show, that beyond that question there was a vast complication in my atiairs which could only be settled by arbitration, and such arbitration I entreated your Lordship to recommend for the benefit of my creditors. I said, that, after the question before the court was decided, I should be happy to leave all the rest to be settled by the Duke of Somerset and my creditors, for a mere discharge from all parties. 1 said, that 1 would go contented without a farthing to myself, aud should value the determination of the particular question before the cotmI only as it would do me good in point of chatacter, which was important, as nothing else but good character could enable me again to rise in the world, and provide for my children. Beyond this, there was another and a distinct object which I had in view by reading my papers in open court to your Lordship : and looking to this, no other man in the kingdom can assist me but your- self. — A world of calamity has grown up to me out of cruel, and unnecessary, and illegal treatment which I experienced in Upper Canada. In the last, and three preceding, Parliaments 1 petitioned m view. h iiig pages, ole of siicli and »ni ant, URL AY. 823. ' liearirfj of ou said you lioin I gave the evening I am quite I, and shall Fuesday for jek's delay, at you may >usine8s. I after I had i|»er reports to any other r Lordbliip : ettlemoiit of : couhl not understood mit the par- 1 wish that sible. The itioiicd, was iplicalioM in , and such the benefit e the court e settled by ;!iarge from I farthing to lar question f chatacter, lould eimble !n. vhich I bad rdship : and le but your- f cruel, and d in Upper 1 petitioned m ihe House o{ Commons, with a hope of obtaining inquiry into my but without avail; and, at last, Mr. Hume refused case. ...plorable , — , to p!( sent a petition for me, as hopeless. I am not willing to give up hope, for I feel my happiness in life at stake. The petition which I did not get presented, prayed for an address to the crown in my favour. That petition accompanies this letter, together with a letter to the Att' tney-General, which 1 read in court to your Lord- ship. This letter .ind petition, with my letter to your Lordship of March last, give at once a sad picture of my misfortunes, and tell the whole story of them. Should your Lordship decide in my favour, against the Duke of Somerset, I am sure you will then be sensible of the horrible vexation to which I have been exposed, not only in losing Deptford-farm and n»y slock upon it, but in being harassed for six years with unnecessary litigation. In that case, may I ask if your Lordship, who have at all times access to the King, will lay "hefore him, for actual perusal, the petition and two letters above- mentioned \ I cannot believe it possible, that if His Majesty really knew my case, that he would refuse an order for inquiry nito it, by which 1 might have redress for the injury I have sustained from the cruel treatment in Canada, and which has been the cause of all my misfortunes. After reading this letter, I wish you not to give another thought to the subject, till after you have decided on the question before the court. 1 wish you not even to read the papers accompanying this till after that decision ; but I wish you to understand, that if the decision is favourable to me, I shall then take the liberty of again addressing your Lordship with iegard to them, and the object I have in view. 1 have the honour to be, my Lord, With high respect, Your obedient servant, ROBERT GOURLAY. To the Lord CI ncellor. PRIVATE. Bertvick-farm, near Hindon, iVilts, V2th March, 1823. My Lord, I am a man " acquainted with grief," and that grief has been aggravated not a little by your Lordship, and the court over which vou preside. In the year 1809, invited by the Duke of Somerset, I came to England, and bargained with him for a lease of Deptford-farm, in the parish of Wdy. An agreement was drawn out, by the Duke*s solicitor in London, for a lease. This solicitor assured me, that he would see me through any court in England with that agreement, and I set my name to it, below that of the Duke of Somerset. Alter I had laid out upon the farm several thousand pounds, His Grace gave me notice to quit ; and I, consulting counsel, was advised to tile a bill in Chancery for specific performance ; for I was now told that by a process in that court only, wouid tiio agreement avail. ^0 Vliich was far tliireioiil from llie impression mad*- upon my mind \,j the assurance of the Duke's solicitor. 1 carriod my point, and luxl an order from the Master of the Rolls for a lease. I had more : I had an order for two issue trials, to recover mt the now, there lice may bi know my I am ignoraii have no in save to my »k for it. they bhouh to their lik again now, with all eh to go safe I myself and My Lor before me your Lord In tiiis par plied to tl being redu had oppos were incor claration, your mind rcagh — ov of the livi been oppr oppression n»y not bi honest, if After b acquitted liberation eight nioii on by cru because I was not € shore, anc ing home, hrrn nuu my niiiid liv int, iiiid IkkI lad nioro : I to me by the I the iimoiiiit lo iiip. My time, tailed, in the event ck. While I lusiness ; and angemenls tu iiif tlieaiselves, nded with an apprized that ome on, and, business, had my creditors, should defend iflerwards. 1 ; and it was n desired uiy it I was ready tt the solicitor Kdavit that he ur Lordship's ic, by the at- ittorneys were rguisr assign- in glad to get 71 ctt ipiil i>f 'be whole concern, liad my creditors agreed to give me u tlischarho, and free me of responsibility ; but this Ihey would not do, :in(l I remained bound, in duty to myself and them, in seeing that all was conducted safely and well. The transaction which did go on was altogether incomplete: no assignment from me to my creditors had hi'cn made out, while the conduct of the attorneys was irregular, iuxl their statements iniwarranted ; while, too, one of thcin bad an interest in confusing my aftairs. I am now a piiuper, and l.aving received notice that the cause is to he spoken to and is on the paper, have no other way of defending iijjainst the Duke of Somerset's appeal but in forma pauperis. I now, therefore, entreat that your Lordship will so order that jus- lice may be done, and that 1 may have fair opportunity lo plead. I know my business well— beiter than any counsellor or attorney, but am ignorant of forms, and claim your Lordship's best indulgence. I have no interest but that of my creditors to look to — nothing to tave to myself but honour; and as I hold that dear, so shall I strug- n\e for it. If my creditors would slill agree and give me a discharge, Ihey should be heartily welcome to treat with the Duke of Somerset to their liking. 1 have, indeed, said publicly, and I shall say it ugaiii now, that I am willing to strip off my coat and give them that with all else of mine which is seizabic for a discharge — for freedom to go safely put into the world, to provide food and raiment for myself and tivc children. My Lord,— I had written the above, when a newspaper was laid before me containing a paragraph which narrated proceedings before your Lordship. " Gourlai/ v. Duke of Somerset," on the 2fltli ult. In this paragraph it was stated, that tlie Uuke of Somerset bad ap- plied to the court for a final adjustment with me, because of my being reduced to a state of pauperism ; — that the counsel on my part had opposed the motion, saying, that reports as to my pauperism were incorrect, &c. Now, my Lord, I come to a most s(demn de- claration, which 1 have no doubt will make suitable impressions on your mind. — My Lord ! — you shed tears over the grave of Castle- rcagh — over the fate of the silent dead : prepare for a manly hearing of the living. I have been persecuted for fourteen years: I have been oppressed and scandalized beyond measure. It is said, that oppression will make a wise man mad ; and perhaps it is because of my not being very wise that I am yet sane. I am sure that I am honest, if I am sure that 1 exist. — Hear, then, what I have to say. After being twice tried in Upper Canada, and twice honourably acquitted from false charges of libel, 1 was flung into jail ; denied liberation on application by habeas corpus ; detained in prison nearly eight months; and being tried in a state of mental weakness, brought on by cruel treatment during my confinement, was banished, merely because 1 bad refused to obey the mandate of the basest of men. I was not aware of my deplorable condition till landed on an alien shore, and I came home to England feeble and confused. On reach- ing ttOItiC, i lOUlUI llKIl my icimct rr«^ iittur, ttin^i tiitti iilj r» iK iiti't licfu made the instrument of my ruin. She bad, indeed, been :.} 72 frightened out f f calm roflctlion by a iruel ami unnccossary (lis, Iraint, made by the Duke of Somerset, on my proj»cily soon after my depatture for America, tiirough the agency of a villain who has now fled from tlje country, acciised and accusing the Duke of for- gery, — who is now otitlawed. 1 not only found that I myself was ruined, but that a provision for my children was disputed at law; and, afllicted with nervous malady, I became totally unfit for busi- ness. By extraordinary exertions, — by travelling on foot over Scot- land, I gained sonse strength, but this was continually wasted willi fresh vexations, and at last misery was consummated in the death of my beloved wife. Renewing exertions, I again travelled, and changed the scene ; recovered strength, and had it again and again taken away. With my creditors, and all with whom I had disputes, I continued to make otVers of submission, but without avail ; and the cause of mv children, twice won in the Court of Session at Edinburgh, witircosts, was carried to the House of Peers. Of this 1 was informed in February, 1022 ; and becoming, when alone, Jatuut, 1 reasoned with regard to what was best to be done, till it appeared duty to die for my children. I had consulted couusol, and found that if I even did gain for my children their provision in the House of Peers, it would be liable, during my life, to seizute by my creditors. I saw no hope of getting out of the hands of lawyers, and had found those employed by mvself the most vexatious. I had become totally untit for business : 1 found myself acting foolishly and without manly decision : I saw no good in living longer ; and, on the 0th of Martli 1822, wrote down my principle, my purpose, and my hope, in these words: "The Romans considered silf-deslruciion meritorious. Christians think otherwise ; though Christ himself submitted to a voluntary death. It depends on the motive, the object in vieiv. I shall die for my children, for Canada, and the poor of England. Surely, when I am goyie, my children will have their provisio?i ; surely Canada will have the pro7nise of independence: surely the poor will obtain their right, I shall do more good by dying than by living : I shall die forgiving all, and hope to be forgiven." A few hours after writing this, 1 destroyed the paper, but keeping my pur- pose in view, and having wrote out a request that a particular friend should give my watch, &c. to my son, and a seal or ring appended, to each of my daughters, I asked that friend to take my watch ni pawn for £10, on which 1 meant to live till I had offered to Parlia- ment, to prove by witnesses, then in London, how cruelly I was tieated in Canada. My .friend in (piestion is the best of mt-n; steady, feeling, honourable ; yet, strange to say, he bade me throw myself into the Thames, and the effect was as strange, for it made me resolve to throw myself on the parish. 1 continued in London till September, and, during the interval, suffered mental agony to the greatest exlkcme. Mr. Brougham took in hand to advocate my cause in the House of Commons, and deserted me. Lord Holland wa^ more honest, but is now off. From Canada, an address, written by me, was sent home for presentation to the Prince Regent by Lord Erskinc, in 1818. Mnining to despatch a letter to the King in Scotland, pledging my honour as to good inlei'Uons in Canada, I inccessary (lis, ily soon after illain who Wdi Dukv of for- I myself was puled at law; infit for busi- )ot over Stot- y wasted will) II the death ut' [ravelled, and i;aiii and again had disputes, lit avail ; and of Session at •ers. Of this alone, fatuut, ill it appeared !«.■], and found 1 the House of my creditors, iiid had found iecoine totally without manly Olh of Martii lope, in these meritorious, ubmitted to a ct in vieiv. I I- of England, eir provisioti ; ■e : surely the >y dicing than iven." A few leping my pur- irticular friend ing appended, e my watch in ?rcd to Parlia- cruclly I was best of m'jn; tade me throw ;, for it made ed in London il agony to the advocate my Lord iJolland Idress, written ce Regent by to the Kii^g in in Canada, 1 desired first to know from Lord Erskinc if he had presented the ad- dress intrusted to his care; but he would not converse on the sub- iect, because, he said, I was " an enemy to his friend the Duke of Somerset." I wrote, and despatched my letter to the King: it was referred to the Colonial Department, which had already refused me a fair hearing, and then, disappointed at all hands, I did actually throw mvself on the parish, to dissipate care, by changing the current of my thoughts, and strengthen my body with air and exercise. But even here there was no rest from persecution : after labouring five days, I was told by an overseer of the poor, that he had con- sulted a lawver, and was informed that he could take the ring off my finger before I had further relief. They lowered my pay ; denied me^work ; lowered my pav again ; and. at last stopping it altogether, obliged me to apply to a Court of iMagislrates, where they had the pa- rish lawyer to appear against me, not only to display consummate ignorance, but total want of feeling, in again threatening to deprive me of my ring, llie memorial of my departed wife. My Lord, I beat the parisii and their lawyer as a pauper, and as a pauper I will beat my opponents in ChanceVy and the House of Peers, with their whole host of lawyers, if your Lordship will but give me fair play. I have struggled for life ; 1 wish to live only for good, and with fair |)Uiy have no doubt of success. I am aware that I labour under a dis- ease, brought on and continued by oppression, but I do all in my power to resist its dreadful determination, which is that of my existence on earth. While labouring for tiie parish, which I did for three months, I found this disease gradually abate : since then, I have travelled for two months, and am now rested from iny journey in better health and spirits than I have enjoyed for years. Without following the course I have taken, strange as it seems, I must have sunk beneath my load of care. A year before poor Lonl Castlereagh left us, I heard him in the House of Commons ridicule the idea of going to dig ; but had he then " gone a digging" he might still have been prating to Parliament. I have bad greater provocation and per- plexity than the departed minister, but I have resorted to proper remedies ; and among these is that of speaking out. I have not only laboured and lived abstemiously, travelled and changed the scene, but 1 have talked and \\ritten, to give relief to my mind and play to my iraaginaliou ; nor was I quite at ease till I read the above nielan- choly tale to my friends. My Lord, you will not, when apprized of the end in view, think it idle to listen to something more of one maddened with law-persecution. On my late journey, I more than oiue dreamed of going to the Land's End to make impression on the public mind in favour of my children, Canada, and the poor of England, by bidding adieu 'to the world. " Here J am at the Land's End— to me the world's end. From this point my disen- cumbered spirit shall bound into the vast expanse which holds these little balls— these, planets, comets, suns. There I shall meet my wife, my father, sister, friend; and even my little Barbara, to whom the niggard church denied its prayers." These words, my Lord, repeatedly hur.g upon my tongue as introduction to m6re, while nny thing was pleasant which banished from the mind ■J1 74 every thought of law-persecution ; ami, in wriiiiifi them down, I feel myself guarding against an act which, in calm reason, it is ever my purpose to shun. There never was, in a court of justice, worse grounded and more remorseless persecution than that of the Duke of Somerset against me; and never was tiiere any thing more vile than the appeal to the Peers against my children. In both suits I have prevailed again and again : nor is there the slightest hope lor my enemies, but in inv ruin or distraction of mind. VVitii all my opponents 1 have constantly offered to settle by arbitration: but no; I must be worried to death, and year after year held hack from peaceful and profitable pursuit. The newspaper paragrnph, I observe, states that your Lordslnp was informed that a public subscription was offered me. It was so and I was most thankful for the offer on the scoie of sym|)athy. I refused it because my honour continued inipeai'ied before the public, while I was slighted and deserted by public men, whose duty should have afforded me a chance of being cleared. I could not recnve pub- lic money, till the public were sensible that I was a true man, and faithful servant to the public. No, my Lord, I would ralli 'r that niy children were flung on the parish with myself, than that tl ey should grow up in affluence, and have it told them for truth, th^ilwasa fraitor to my country. After 1 had honoured Lord Erskinc, with sending home to his charge an address from a convention ot loyal men in Upper Canada, to be presented to the Prince Regent, was it for Lord Erskiue to be shy of me, because he thought mo an enemy to the Duke of Somerset ] After I had put into Mr. Brougham's hand a proof of my cruel treatment abroad, wa.i it for Mr. Brougham to desert me? After I had pledged my honour to the King— after 1 had told him that his father trusted me with command of volunteers in Fifeshire, and that 1 offered my services even to go to France, was it for the King to hand me over to the Colonial Department?— Oii, no! with such slights, unexplained, I would rather be .« pauper than be pitied ; — rather, indeed, would I wither from off the face of the earth, blasted by adversity, than continue to vegetate, a feeble thing, beneath the droppings of charity. My Lord, I have laid aside my paper for se cral days, that I may be more sure of doing right in despatching it to your Lordship. I think I do right, and off it shall go. It by no means gives a full picture of my trials ; but my trials at law are most proper to be submitted to the supreme judge of the land ; and I trust there is enough to awaken your Lordship's attention.— Would to God you were so startled with horror, as to open your eyes upon the whole system of iniquity within the purlieus of Chan- eery — within that court, whose delays, and uncertainties, and per- plexities have deprived many an innocent man of rest, — sent many to Bedlam, and which, at best, gives shameful triumph to the rich over the poor. Oh ! my Lord, Uow glorious would be your triumph, in another and a belter world, were you to employ the remainder of your fleeting existence in sweeping out the pollutions of Chancery. But, to come to (he point of business : I have two proposals to make: either that your Lordship viH assure nic, that I shall have fair play in deft the House submit to always bee the ends ot never can I fereiiccs w justice in tl liad charge iissignment, fact, there set to go oi lias ))ut ine ine, for the possible thi right, but i was given i D'lke of S( £3000, was to make sui My Lord, i tions worse ofniy farm shall expec attorney tr fully, shall position. This paj week, that determine delicate an at cnce giv in which I tioii, and ni Lordship's ever questi be pleased of utmost i The Right Sir It wcuh be, what s I) down, I ison, it is of justice, hat of the liiiig more ijuth suits st hope for ^iti) all my 1 : but no; back from r Lordship It was so, mpathy. I thcpubhc, luty should ec'ive puh- e man, and i >r tiiat my tl ey should h it I was a skinc, with )n of loyal i^enl, was it an enemy Brougham's , Brougham iig — after I volunteers France, was lent?— Oh, )a»per than face of the eeble thing, that I may ordship. I my trials at of the land; attention.— open your us of Chan- s, and per- ent many to le rich over triumph, in ^mainder of Chancery, proposals to tall have fair 75 play in defending myself and children before you in Chancery and Ihe House of Peers* or that you will seriously advise all parties to submit to liberal settlement by arbitration. This, my Lord, has always been my desire, and would, with greatest certainty, compass the ends of justice. In both suils there is much complication, which never can be understood by pleading at the bar ; besides many dif- ferences which law cannot adjust. How, for instance, can I have justice in the case of my lease of Deplford-farm 1 The attorney, who had charge of my suit w'ith the Duke of Somerset, put his name to the iissignment, while he knew that the lease was unsettled ;— when, in fact, there was no lease ; and while it was left to the Duke of Somer- set to go on, as he is now doing, with his appeal, and by which lie has ))ut me to great expense. Was it, my Lord, rational or fair to ine, for the attorney so to act? and could I, abroad, ever imagine it possible that he would so act ? No ! I trusted that all was fair and right, but all was foul and wrong. My lease, the best in Wiltshire, was given away for nothing, wliile I was left to contend with the Duke of Somerset for the very thing given away. My stock, worth £3000, was valued over at £1500; and that £1500 was put in bond, to make sure to my successor a lease, for which I had still to struggle. My Lord, surely, you, a judge in equity, will never warrant transac- tions worse than robbery. 1 wish not to injure the man in possession of my farm ; but I do look to him as one possessing stolen goods, and shall expect the same to be delivered up. I shall expect that the attorney trusted and paid by me, for doing business well and faith- fully, shall be made to account for gross mismanagement, if not im- position. 22rf March, 1823. This paper, my Lord, has again lain aside : it has lain by for a week, that I may still be more cautious in proceedings, which must determine the lute of five children and myself, widi disclosures so delicate and dread. It shall now go ; and I trust your Lordship will at cnce give it perusal, and lay to heart the wretched circumstances in which I am placed. I observe some things which need explana- tion, and much may be added. Aware, however, of the value of your Lordship's time, 1 shall not trespass further upon it, but wait what- ever question your Lordship may put, or what instruction you may be pleased to give. 1 need scarcely add that speedy decision will be of utmost consequence. I am, my Lord, with all due respect, Your Lordship's obedient servant, ROBERT GOURLAY. The Right Honourable the Lord Chancellor. To the Attorney General, (now Lord Gijf'ord). 13, Clifton-street, Finsbury, 24th July, 1823. Sir, It would require a volume to tell, and a curious volume it would be, what strange and cross accidents have occurred to me since you 7G pled luv cause at Salisbuiv assizes, in July, 1»16, when the special iiirv found for me £1325, 'certain, and £625, subject to the opinion of the Superior Court. My father, on whom all my hope ol forUme rested had failed eiiiht months before ; but this verdict fjave me expectation that I might still have means to retain Deptford-jarm. Little more than u month afterwards, an event took place, which as- sured me that all was safe. A near re!;itioii i^niined Ihc £40,000 prize iii the lottery ; confided in mc a secret a, to Ihis ; and immediately as- sisted me with money. Havinsi b.eii assured by my solicitor, that the monev awarded by the special jury would be obtained in.medi- atelv after decision by the Master of the Rolls ; and leelin;,' eouhtiout that' my lucky relation would sec me safe throui^h all hazards, 1 put mv name to a bill for £900, due to two needy creditors, payable in the month of Februarv, 1817. Towards Christmas, IGKJ, the Master of the Rolls cordirmed the award of the jury, as to the £132.>. but refused the further suui. He <;iau{ed an order lor £l:}2;j. I o my surprise, this orikr, called »l;e >^horl o/y/tr, was g;ood tor nothing, without a lon^ order, and thai louf^ order liiul to be lon^- waited tor. Meantime, my relation, with-)ut the sli.ul.test good reason, thou<^lit proper to quarrel with me, and closed eorrospoiuionee in a most violent manner. My situation was then cheadlul. The bill for £900 which I had grai.led became due, while 1 vuvs thus deserted and kept out of payment from the Duke of Somerset, by the delay in procuring the long 'order. For the first time in my life I was a aid the bill, 1 would have risked it willingly, while I was prevented from paying it only by a delay in Chancery altogether uuuecessary. In February, Sir Samuel liomily obtained a iiearing on the subjeet of delay by the lo7ig order. I was in court while the Lord Chancellor proposed a further delay of six weeks. This svould have left me at the mercy of the Duke ofSoujerset, to distrain on me for reii* ; mA seeing my perilous situation, I rushed in between Sir Samuel Romily and the Chancellor ; spoke for myself, and had the long ori'er granted without delay. The money was paid, deducting the Duke ot Somer- set's rent up to La:jy-daY, 1817 ; and tinding ilutt it was now uiilair to give away the residue "partially to ciedilois, I handed this over to a friend, and bade him part it equally, so far as it \\ould go, among niy creditors, reserving to myself just a suiHciency to bear my expenses to Upper Canada, whither I set out on the 2il of April, 1817, expecting to get back to England by Michaelmas following. My last j>iece of business, before sailing from Liverpool, was to write a letter, making oHer to ilie Duke of Somerset to submit ;ill matters in dispute to the arbitration of gentlemen. My busines in Canada was this : — I had 433 acres of lanveuted t'mnn cessary. In e subject of 1 Ciiancellor ve left n\f at or rei»* ; and muel Uomily )ro'er sraiiled ke of Sonier- is now unlair 1 this over to Id yo, among to bear my 2il of April, as following, pool, was to to submit ;ill .y busines in :h I had pur- ing tlietille; lie to whicii I es, I Ihouglit of reli'ining a was, that a m of coming 5 to assist me out of the sale of bis properly in Canada. On getting to Canada I found that an interference of the Executive Government with the law, — with two British statutes, — had rendered all sale of land there impos- sible. I found that I could obtain nothing for my land, even though 1 had determined on selling it; and my wife's relation could not get money for his property, with which he meant to rt are to Scotland : n;iy, though -u man of fortune, and wishing still to come home, he is yet detained abroad, because of the interference of the Local 'iovern- ment with statute-law. Just as I had come to a clear understanding of these matters, and before I was a month in Canada with my friends, I received a letter from England, saying that the Duke of Somerset had refused all compromise with me; and I should now have hastened back to England, but was coniined for two months with lameness and bad health. In order to recruit health and be able to reflect deliberately and calmly on what I should do, seeing it impossible to get to England by Michaelmas, 1 made a journey through the country for some weeks, and, alter a fortnight of that tin)e, finding myself vi- trorous and decided, I wrote home to my wife, desiring her to get three of my creditors, and, in case of my not coming home by a certain time, to advise me what they Miought upon the whole was best to be (tone. I named my lucky relation as one of the three, and my hope was, when he saw into the stale of n.y afl'airs, he would forget the quarr»l with me, feel for my situation, and come forward with uioni'y for my relief. To my utter confusion, having waited in CaBs*da till the beginning of February, IBlti, 1 received a letter from ffiv wti'v, saying that my relation was dead, and that she had resolved to abiMidun tJie farm forthwith. This put an end to my hope of r^tnining it ; and, as I was cut off from future prospects of doing for tm¥tif at home, 1 resolved now, linally, to connect '.nyself with Canadb, of which, before, J had not much expectation. To do well in Canada, while the Execulive Government could tamper with stalute-lriw, and wholly reduee the price of landed property, was very hopeless. My wif«f'» relations were the most extensive pro- prietors of land in the province, and they were greatly dissatisfied with the impolitic and iliega! course followed by the Executive Government, i wrote .m od^lress to tlie resident landowners, ex- pounding the law, p^ i I* . !>ut the mischief of arbitrary interference, and advising that a c< a, smmi should be e^ent home to England, in order that the horn, aiiiiistry should be rightly ir'formed on the subject ; iind that no sach liberty should in future be taken by the Local Ciovernmenias i.iid been taken to the ruin of the colony. For writing this address 1 was ofltered 500 inres of land by Wni. Dickson, a legislative councillor ; and it was tlua published, though I refused the land. Its publication brought up«n ine unjust attacks through tlie medium of newspapers, and these attacks I repelled. I re- pellfd them so eHectuaily, and so stiengtli^-ned myself in public favour, that, after a few inontha, the people, by my advice, chose deputies, to meet in convention, for the pui|>li puzzled as (l-laiin, even rd Cliancellor, i what I have 1 on my return .• setllcmenl of subject to my d become the fler her deiitli, (this is a mis- )t five months, of my ad'airs. le at this lime, vance of any ist. Looking, i to the Cl)aii- inj^ the period I was detained itill a right (or t is continued it would have This, 1 think, link so on due in : it only has found that the lovv occupying my attorney, ding this to be y my attorney t to Canada,— )unt of £1500 lanuary, 1H22, it iinmedialeiy le lo take any efficient stop; and the (jueslioii now is, what can be done ? and what should bp done.' — Am 1 to go without any premium for a lease wbicli was worth a jjrcat deal of money ?— Am I to have nothing more than half-price for n;y farm-stock valued over without my knowledge or consent— pivcn siway on valuation that can yet be proved flagrantly „„j„^l} — Is tlie Duke of Somerset to be allowed to refuse agreement l(»-(lav and accept it to-morrow, without any communication being made to me either by him or my attorney, who knew that 1 protested against the assi;j;nment ?— Is there no way by which I can call to ac- count an attorney who puts his signature lo an assignment and leads inc into so gross* an error as to give away a lease which was not yet ohiained ?— Is it fair that I should come home ai:d find myself still ill law, and subject to charges of this very attorney for conducting law process for i>roperty taken out of my bauds under the eye of this very attorney ?—Lastlyi supposing I am "to get nothing for my lease— - nothing for* my stock — nothing in loturn for law-charges in suits going on about* Dept ford-farm for years after 1 had no interest or advantage from it — how am I lokiiow that I am clear of obligations on lluit farm?— How am I to be sure tliali may not, years after this, be vexed and annoyed by the Duke of Somerset'? All these (piestions I should be glad lo have answered; and if the money, paid formerly as fee, shall be sufticii'iit to oblaiii from you satisfactory answers to these questions, so that I may be bcncefortli secure. I shall certainly not grudge the payment : beyond it, from what is ab(»vc' staled, you know that I have not a farthing to spare. There is one cpieslion respecting tlie £1500, paid in bond for security of my seccessor in Deptford-farin. — Have 1 any control over this? — or who has? This money was paid by my successor for my stock, while I knew nothing at all of what was going on. It was afterwards put into the five per cents., in the joint names of **** *******, |,|- ^^*** *>**«*• *?^*# and •*** *^**% of *»*«*»***»***; to the latter of whom I sent home a power of attorney, for the settlement of niv affairs, in the autumn of liUfi. Mr, K^*" has refused to reply'lo letters about my aftairs ; and Mr. U*'**** will not afford me a farthing for subsistence out of the money in question. Here is a tine dilemma ! and 1 would be glad to know how information or set- tlemcnt can be obtained. It has occurred to me that a commission of inquiry could be obtained ; but can this be granted to me as a suitor ykMlmf; in formd pauperis, and without a farthing lo defray charges? If you can afford me a reply to each and all of these questions, I shall, sir, be greatly obliged, And am, respectfullv, yours, c^c. UOBEllT GOUilLAY. The Attorney -(J eneral. * * Tlio AUonicv-Oencral would give no wriUen reply to ilic abuvo. It involves » most imporiaiit qiii-slions, both qs it toiiULiiis inc iJiid llie public at larj;.>, wliitU 1 sjiould vviih ttlktwaids to discus?. Lei tlii'-, llicicluic, be iciuLMubcied. M 82 To the Honourahle the Coumons of the ^^^''^^ .'^JT^^' '?^' Great Britain and Ireland in Parliament assembled. THE PF/riTioN or uonnur gouulay, esquiku Humbly sliowetli, Tint voiir I'dilionor resided in London dinin-^ll.f three last ses- .ioII^Si^I^en,. .ill. the .olc ohiect of ";>;;'- "^-l^^^; J slate of Upper Canada, its "'•fg«7'^';'"*^"»\^"i"' Kl^n^^^^^^^^^^^ governmeit, to receive the redundan P"P">f *^ 1 ^'^^J ^ ^"''''' "^'"^ finn. iiilli comfort to indivu uals and proht to the nation. TlnV eZ c earneslb r.o«rded thiJ object, because of h.s havn.i;. fo.^ Ton ' ries of %..» , studied the means of extn.j^u.slnng pau- ^ism in ^;^a.;Und I.d discovered ^'-\ »^^ -^^Z: e S^ „islr-Uion of provincial aftairs, tlie grand object wouUl be n,osl easily "'-krt'lJ^tS'lXl'tw; of general inquiry, he had presenter! .o ;ou:'iS.J^Sde House three f [^"Va^iri;^::/^:;:^^^ orclerod to be printed the lUh of July, 18-20, 27th ot June, »»-., "' Th'; ti::f i^^y'^i/'tS'ctitions bei.,, disregarded, he tl.n had «f J/^'^^ ;;;';;f;': ,^ e was subjected to by the local government ot Upper Canad. , ami oL^rhtg tSu to prlluce vvitnt.ses J^ion -d.n^ 1^<^-'-' '« your Honourable House, in ^"ri'«r\ of h.s allega loi s Tint this Petition was put into the hands ot Lieutenani v.encrdi Si/ er™ "^ <'f >o"'- """""rable House, who. the beuIVtoSS its object, entrusted it to Henry Brougham, L.,. another Member of your Honourable House. .,,b„owled.'ca That Mr. Brougham, having perused this P***'^ « ' ' ''^";;'';,^»^; that the case of vour Petitioner was a strong one »" ^S''^,,'^^.'''^" b fie^e t^,a' hi would advocate the cause. He f vised tu.t Petition should be amended; when amended he corrected .t. and then ^'mt''^l't'o\Tgham, by these and other friendly demonstrations .T,.de von Pe t^oner sanguine of success in this business, which at rct^oTernedliis interest amUionou^^^ his reputation, h.s fortune. ^"^i'^om Kth^^i M^^^'vvl- the Petition, n.irly ea- cros ed'and g d. was delivered to Mr. Brougha.n your IMition Sed from lay io day, from week \o week a.id f^^ojn n^ th been presented without a word to recommend it to notice, along win another written by your Petitioner, objecting to the Canada Bill ; both of which, however, were ordered to be prinlcu. imfiloin of mhled. Qumu PC last ses- liry into Ihe under j];oo(l nitcd King- • ' his liavint;, lisliing piiu- rovcd admi- : n^obt eaiiily 1(1 presented •fceived and June, ^U21, he then liad tnient which lanada ; and London, to vant-(iencral ic, wlio, the ugham, Esq. cknowledgcd gave reason rised that the 1 it, and then nionslrations, ess, which at , his fortune, on, fairly en- 3ur Petitioner am month lo uly, when the attained their of Commons, re the Canada s Petition had ce, along with ada Bill ; both That yonr Felilionor being thns disappointed, ;ind having hud a I'ctilion "laid before the King in Council to the same end, that ho niuht obtain redress for wrongs sustained in Upper Canada, which hud been neglectec' for «everal months, did then prefer a Prayer to the House of Pecis; which, like the others, was attended with no sid)stanlial bonefit. That he (hen addressed a letter lo the King, (a copy of which is hereunto annexed ;) which letter was delivered to His Majesty, in Edinburgh, and referred to the Colonial Department. That your Petitioner having frankly communicated with Lord Biithurst) Secretary lo the Colonial Department, both when be was in Up|)er Canada, and after he returned to England, without receiving any satisfaction ; and believing the Colonial Department hostile to his views, from self-interested motives, did conceive, and conceives slill.that he can iiavo no hope of a fair heiiring in that quarlc That yonr Petitioner has now to state the most melancholy facts ; and trusts, as the case is far beyond ordinary experience, that yonr Honourable House will be disposed to lend a favourable ear, and afford extraordinary aid. Yonr Petitioner "went out lo Canada, with a view of securing to himself and family an asylum, in the event of extreme distress ; but hoping that, in his absence, certain aftairs would be so well settled ;il home, as to enable him still to reside there. So far from this being the case, your Petitioner had not been six months gone from Eng- land, when a harsh and unnecessary distraint was made on the goods of yonr Petitioner, by a man who has since fled from the country and heon outlawed, accused of, and accusing another person of, forgery. By this cruel distraint, the wife of your Petitioner was so alarmed and dis- tracted, that she soon afterwards, without leave of your Petitioner, and in direct opposition to his will and written instructions, aban- doned his farm to the possession of another person: had his lease, which he had valued at £3000, even under a bad landlord, given away for nothing: his stock valued over at half its worth; and that halt' (£1500) put in bond for the security of his successor, while he was left lo contend for the lease, and several other valuable considerations in the Court of Chancery, where lie cannot now, from this interference and mismanagement, confirmed by his cruel treatment in Upper Ca- nada, carry on his suit with hope of success by ordinary means. But this is far from being the worst part of your Petitioner's case. He is the father of five children, now without a mother, or a fiirthing lo maintain them, although a bond of provision was granted, before your Petitioner's marriage, of which these children are the issue; a bond publicly registered, and held as undoubted security for twelve years. While your Petitioner was detained in Upper Canada, by the false arrests and imprisonments of the Local Government, this bond came to be disputed at law ; and, on his arrival at home, your Petitioner had to engage in the dispute. He gained, before the Court of Session in Scotland, two decisions in his favour with costs of suit; but then, an appeal was carried to the House of Peers, which not only continued to withhold from your Petitioner his children's provision, but left him entirely destitute of means to carry on his plea, save in forma pan- PH ^ ..Vk; r,% V»o^"-T- .Q>^ %^^> \,\% IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I "-IIIIIM 121 lis IIIIIM mil 2.2 •a 1^ 1^ 2.0 U 1.25 1.4 1 6 ^ 6" ^ ► p% <^ //, / (J^. ■I) om //' PhotograDhic Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 A. B4 pais. Tl.ii appeal was announced to your Pelilioner in ll.e inomh of February, 1822, after threatenings of twelve months ; and having for many years been torn to pieces by adversity and persecutor, he then felt the powers of his mind greatly weakened and some of Ihem gone. He was yet sensible of his dreadful situation : be strove to conquer disease f he endured extreme agony from t'«'^ ^o >ime wh. e reriiaining six months in London to gain notice from Parliament and the King ; and, at last, finding every effort va,n. he threw himself on the parish of Wily for employment, that he might change the course of his thoughts, unburden his mind of care, and brace lus nerves w. . air and exercise. He succeeded, and witll restored health and strengthened spirits, now more earnoslly entreats attention from your Honourable House. , , . , • i „.,„.. Your Pelilioner has all his life been regular in business, and upon every question which concerns his conduct, his credit, and in. cha- racter, whetlier private or public, can produce sat.slaclo.ydoci. ments.and defend himself with good reasons. He »«%'" "M^" ' session eviry paper which he caused to be published in Upptr Ca- nada or elsewhere ; an>«'f ."^^^ *;"°;"""": but your Honourable House may address His Majesty, to Ihc end that he may obtain a fair hearing, as well w.lh respec to his g - vaiices. as to his proposals for improving colonial policy, and U.e reform of the poor-laws in connexion theiewilli. Vour Pet.l.on.r lias refuse.l a public subscription, though he has not a ^ ""'"§»;> ^»^ his own. because his honour has been unjuslly taruished by ^\^^^f Governme.it of Upper Canada, and ^'o^l^'e'*, ^y. *'''; ?^'''S- j '^^ 'j^. refused it, hoping sliU to have iair means ot clearing Ims chaiatler o taint' and wishUig to slake even his existence aganisl any proot o iishouour Havii^seen in a newspaper, that the Under Secretary ot Te CoZial Department. Mr. VVilmot. offered, in your Honourab e House, to refute any charge which could be made in •'«»>«»';•». cxprersed his desire to be heard before your Honourable House, in a letter acl^.s^d to Mr. Wilmot, and also published in newspapers, (a copy of which is hereunto annexed). He now more formally expres ics tl^ same desire ; ami. defying rejutation, will here make charges svhich may lead to others. He was twice arrested by the Xoca Govinment of Upper Canada ; detained for «evera luonths on tail t« the amount of £1COO. to stand trial on accusations wli.cl. I llie month and having secution, he )me of them he strove to 1 time, while liament and V himself on i the course i nerves with health and tn from your 5s, siiul upon and lii» cha- aclory docn- s in his pos- Upper Ca- in any quar- is intentions d to Canvida t once grand d Miis cndta- Mit session of irable House, printed, Gib, ve liad drawn it wailed for irm the senti- vernment and Petitioner can ry committee, y, to the end t to his grie- licy, and tlie ur Petitioner shilling to call by the Local Ling: lie has i character of any proof ot" r Secretary of r Honourable lis behalf, he ble House, in 1 newspapers, mally expres- nwke charges rrested by the ral months on isations whicli 85 were altogether shameful, and proved to be false. He was a third lime arrested on the order of William Dickson and another, Legisla^ live Councillors, whose leading charges were, that your Petitiojier was connected in politics with Cobbett and Hunt, in England, while it was known, in England, that your Petitioner had opposed tliese very men in politics ; and while it was a fact, well known in Upper Ca- nada, that William Dickson had instigated your Petitioner to enter into political discussion in that country, and had offered him 600 acres of land for writing his first political address. Nevertheless, your Petitioner was not only arrested, but imprisoned, on the order of these Legislative Councillors, for nearly eight months : denied liberty on application by writ of Habeas Corpus, and banished for HO reason, but because he disobeyed an order to leave the Province ; — banished upon trial, against which he was not able to protest from the effects of cruel treatment while in jail ! '. Your Petitioner asserts that the statute, under colour of which he was arrested and banished, was wholly inapplicable to him, as a British subject ;— as, havingre- sided in Upper Canada for more than a year before it was applied to him ; as havinic been twice honourably acquitted from false charges ; as being proprietor of upwards of 400 acres of land in Upper Ca- nada, obtained by a bona fide purchase, and for which money was paid by him, in Edinburgh, in 1810, besides as much, which he held in right of his wife; as being perfectly innocent ; and accused only by men who had selfish and sordid views in contriving and compassing bis ruin. He asserts that these arrests and imprisonments were, be- sides being ruinous to your Petitioner, altogether scandalous to British Cluvernment. * These charges \our Petitioner sets forth in his own behalf, defying refutation; and Tf fair inquiry is allowed, he pledges himself to ex- hibit many others equally tenable, and affecting not only his interests, but those of the nation. He, therefore, entreats that your Honourable House, will address His Majesty, in order that all due opportunity for inquiry and inves- tigation may be afforded for the relief of your Petitioner, as well as for the honour and interest of the public at large: also, that this petition and annexations may be printed, as a record in the journals of your Honourable House. And he will ever pray, ROBERT GOURLAY. Berwick-farm, near Hindon, Wilts, 26th March, 1823. The Globe and Traveller newspaper of 25lh Instant is now before me whereby 1 observe that Mr. Hume had spoken in Parliament of the' treatment I received in Upper Canada, and from which paper I extract the following paragraph :— . . „ , , " Mr. Wilmot said, that vith respect to what the Honourable Ill « « m Member had advanced regarding tlie ill-usage of Mr. Gourlay, In- would repeat what he had formerly said : viz. that if the Honour^ able Member would state distinctly to the House any one case ot alleged grievance, or any thing like a grievance, which that mdi- vidual could complain of, he (Mr. Wilmot) pledged himself to the House to give if a satisfactory refutation." (Hear, hear.) Having seen no newspaper, but that from which this extract is taken, respecting any thing said by Mr. Hume of me. 1 am ignorant as to the train of proceedings in the business before Parliament, and know very little of what he had said. I hasten, however, to relieve him of responsibility, and for myself, as an injured British subject, do now gladly accept the challenge you throw out. I now say that 1 shall be happy to have a fair opportunity to lay before the House ot Commons, not only a statement of grievances experienced by me in Uoper Canada ; but an expos6 of the weakness and wickedness of th*e Provincial Government, defying, sir, your " refutation." It is not probable that you are ignorant of my having, during the three last sessions of Parliament, laid before the House petition after petition, praying for inquiry into the state of Upper Canada, ami into my grievances experienced there. You will recollect, too, thai I wrote a letter to yourself, last summer, strongly remonstratui;,' against the passing of the Canada Government and Trade Bill. A few days after addressing myself to you, I attended in the House of Com- mons during a debate on that Bill, and heard you say that you had consulted with those best acquainted with the affairs of Canada, ami found that they approved of it. I now submit to you an extract of a letter, which I received nearly two months ago from a Member of the Upper Canada Parliament, dated 3d November, 1822. " It is supposed that the Parliament will be called together shorlly, " to take into consideration the Government Bill for uniting the " Provinces. I think the majority of the members will be for union, «* but not under the present Bill. All that I have spoken to about " it, detest the idea of such a bill taking place. The Trade-Bill is a " most infamous thing for our part of the country. It amounts to a " complete prohibition, as our vessels cannot go into their (the •' United States) ports, without immense tonnage duty ; nor theirs " into ours, upon the same principle. There is no doubt but we are " going down hill as fast as possible." The same post which brought me the letter, from which the above is extracted, brought me another from a friend in the United Slates, who gives the most cheering accounts of that country's prosperity ; and says, that then (October last) there were eleven hundred men at work on one part of the Great Western Canal, which i$ to connect the sea with liOke Erie; and which will be completed in the year 1025. Sir, do not misconstrue the boldness of an independent mind into any thing like impertinence, but calmly reflect on these assertions, that our home ministry have all along been grossly ignorant of good policy towards Canada ; or wilfully blind, looking to it only as a plaything of power and a source of patronage. They are now hold- ing^hat tine country, as they have all along done, in trammels, for no Gourlay, li^ tlie Honour' J one case of li tliat incli- raself to the ar.) is extract is am ignorant liamciit, and er, to relieve tish subject, >\v say that I he House of L'cd by uie in fickcJiiess of ton. g, during the petition after Canada, and !ct, too, that emonstratin;; Bill. A few >use of Coni- that you had Canada, ami I extract of a ember of the ether shortly, uniting tlie be for union, Len to about rade-Bill is a amounts to a to their (the y ; nor theirs bt but we arc ich the above Jnited States, 3sperity ; and men at work nnect the sea ir 1025. ent mind into ie assertions, trant of good it only as a are now hold- nimels, for no 87 pood en- cellor, while he retains "all the honours and emoluments now enjoyed by him, may be immediately removed from every other employment, House of Correction, Cold-bath-JieUli. Saih March, 1823. I thank jour Lordship for preicnling my pclUiou last Thursday; and now beg of your Lordship to do the same by that herexVitli sent, to which the former was prepa- " It may be remembered, that this time two years I addressed your Lordship, by let- ter from the country, pressing wliat I now pray for, " Sweeping out the jwUulioni oj Chancery," and that letter was afterwards read in court Writing to your Lordship, the 6lh November last, I extracted certain passages from the Book of Job, to call at- tention to the unbending nature of absolute power : and to a questior> replied, " 1 will do more:' Praying for your Lordship's exclusive attention to Chancery rclorin was what I had then in view ; and, if mad, it may be thus proved, that '^ there is method in it." . . Doing justice to the accompanying petition, your Lordship will, I trust, outshine with Christian grace the glory of the heathen Aristides. Your Lordship's obedient servant, ROUEllT GOUllLAY. To ihc High I Hon. the Eini of Eldon, ^r. ^c. (lily as men- opic ot" the g judges to xtraordinary rin of exisl- be dccreas- is individual cry, for u\)- Chancellor IS grievously lucnt in your :ovcred that : clearly ap- iwn up pur- »ement. lont delayed, to obtain his so contrary J Chuncellur 1 coniniissioM c important, cllor to per- lip otherwise irabic House Lord Cliai>- now enjoyed employment, , Cohl-hath-ficldt. •h, 1825. nud now beg of mer was prepa- ordship, bj let- ihe poUiUions of your Lordship, 'Job, lo call at- replied, " I will :ery reform was tlierc is method trust, outshine GOUllLAY. m save that of reforming the Court of Chancery, and rendering it frticient for the sj)eedy and sure ends of justice and equity, And, as in duty bound, ho will ever pray, ROBERT GOURLAY.* House of C(»rrecti(m, Cold-bathfield$, April 3, 1825. My Lord, This day we commemorate the subliraest of events — the triumph of virtue over vice ', to-morrow rejoice because of the hope that is in us. On tliis most sacred day I have thought of my Petition sent to your Lordship's care last week, the fello«» to which has been siuco received by the House of Commons. To-morrow this leUcr shall be delivertii by u poor man who lias served mu these seven months without fee or reward, to remind your Lordship. I liave the honour to be, &d. ROBERT GOURLAY. To Uie Rigid Hon. the Earl of Udm, ic <^c. Hotue of Correction, Co^d-haihfieldi, ' ■ Ajiril 6, 1825. IMy Lord, The accompanying Petition was put into the hajids of the Lord Chancellor to be presented, but was returned yesterday with these words; — " This Petition myst he vlaced in the hands any olhgr Peer who muy think it a proper Petition to be praented." I am not aware that it is improper. Its fellow was received last week by the House of Commons, and laid on the table. May I therefore ask if your Lordship wtll pre- sent it to the House of Lords ? Should yoU decline, have the goodness t(S return it to iqe in course. I have the honot' to be, My Lord, Your Lordship's obedient servant, ROBERT GOURLAY. Lord King, ^e, <^c» House of Correction, Cold-bath-fields, April U, 1825. , My Lord, Since I despatched to your Lordship the 6lh instant a Petition to be presented to the Upper House, that Petition, in consequence of being laid on the table of the Comurons, has been jrublished in newspapers, and called forth remarks, some of which it is proper for me to notice. It has been said that, by writing such a Petition, and puUing it into the Chancel- lor's hands, I thereby abused liis Lordship, and gave proof of insanity, than which iiothmg can be more erroneous. 1 revere the Chancellor, and the man who has filled the highest offices so long irttist assuredly possess very extraoriiinary talents So far from wishing to abuse his Lordship, I conceived it was honouring him to iiitruW my Petition to his care. It must have been interested people wtio caused ie to be returned to me. and, indertd, the Lord Chancellor of England must, in many things, be used and operated tipon as a mere m«chine, at the mercy of managers. Hadf tlie Chancellor bee>» my fath«r, I w6uH not have done otherwise, and your Lordship rtiay say so when you present mV Petition. . • lie Lord Clmncellor's remaining time would not be well employed in iweopiug out iis i»ol!utions ?— Say if any sum of money ahould be apared in accomptisbiiig iliis ? My Lord, dear Iwuglit experience lias placed me beyond fear, and made me a rasn of faith. I have faith that my Petition will go towards removing the mountain, and if every one would petition as I have done, roosi assuredly the mountain would be moved. Examine my Petition well, and you will find every one of its positions stronger than another from first to laat. On every one yr.ur Lordship may safely make a stand, and speak to the purpose. The sooner it is presented, and its prayer pressed on attention, the mure happy will be consequences. I hope then your Lordship will find it convenient to do this cither to-day or to-morrow. , .,.;,; (,., j,,^, I have the honour to be. My Lord, Your Lord&hip'i obedient servant, ROBERT GOURLAY. Lord Khig, ^e. ^c. • Pr«ented by Mr. John Williams, April 85, 1825. 9f » friends and >rty ill Eiig- ng chained compensa- ive cliidren, le House of rst coiitined mmonj, ex- id time, ar- le House of •Ion. oiself in the d to endure I after Con- nor that the • 3ted by tlie fore Visiting \th, 1824. B of sundry ive beeii al- one of com- plaint : but I now complain, and on a subject which ghould excite interest, not on my account only, but that of hundreds confined here. I formerly mentioned that my health bad l>eeu impaired in this place, but did not then discover the principal cause. This, I am now assured, rests in the quality of the bread. One day this, to appearance, w(?s so bad that the Governor, who seems always willing to do right, noticed it ; and, for a time, there was an improvement. Again, however, it became very bad, from time to time, and not so much in appearance as reality. AAcr the date of my last letter I found myself getting daily more and more weak ; and, at last, suspecting the bread, purchased other bread for one week's consumption. In three days I found myself the belter, and after six felt again strong. 1 have since used broad allowed to prisoners, and am again become unwell and weak. It is now clear to me that the bread is never what it should be. It. seldom appears bad, but sometimes the smell is sufficient to detect its nauseous quality. It was so last Wednesday; and herewith you will receive pari of my loaf of that day for inspec- tion. Being now dry the smell is litlle perceptible ; but were it analyzed by a chemist I am convinced that this specimen would be found adulterated with what is neither genuine nor wholesome. It is customary, I understand, to use a large part of potatoe flour instead of wheal flour in making the bread, and then alum is put in to mend appearances. Proper means are taken to guard against imposition as to weight, but deterioration in quality is more bane- ful and should be more strictly guarded against, as I hope it will be in future. 1 have lived in the country, labouring at the same time, upon a smaller quantity of bread and milk than what I now have, while my health improved ; but the bread in the country was made of flour unmixed with potatoes and alum. This letter you will be so good as lay before the other Magistrates. " And I am. Sir, yours, t^c. " ROBERT GOURLA'i." " To the Chairman of Visiting Magiitrates." ay if it is uot e would not bo Dney should be nd made me a ; the mountain, lountaiu would littons stronger safely niake a lyer pressed on Lordship will vant, iOURLAY. Sir, " No. 2. House of Correction, November II, 1824. " 1 write this on the express condition that it shall not be considered as a complaint against the Governor, who, from all my experience, seem^ to be one of t|ie best of men ; nor even against the bread-contractor. " I understand that the Magistrates contract for bread on the lowest terms they can procure ; and that being the case, am con- vinced that a strict fulfilment of terms is not to be expected. I have complained repeatedly of the quality of bread hero. It is uniformly better for some time, after the complaint is made ; iiid and as uniformly falls off in quality. It cannot be jiuiged of nicely, either by taste or smell. Just now, though the smell in) not quite sweet, this would not be discovered by an ordinary observci. To mc it is palpable; but it is by ctlects oumy health that 1 judg* lU i ■'- \ Ji , I « «( « « << < (I (( << <( (I (C (< <( - of tU« bc»t my opiuiun ; til a mixture , was made expire, I am 'e to sugge«t taudiiig will) ge of times, endangered. with all due vanl, URLAY." t 3, 1825. *tcd Septem- if the i)rcad ; letter I did ; on the snb- fler the lltli i indifferent^ it scented of new regula- >r Christmae, rse, till Sun- its noxious making to llic r ever has it en flour. es and word lid thousands a private fa- You cannot I, and I shall ifore Visiting , copy to the jeans of pre- id for trial, I on potatoes these, using bread. Qn ith an equal ; of potatoes: URLAY.' •• i',eH\fic4ttt. " On four difl'erent occasioni 1 have bad bread given to me by Mr. Gourlay, in tlie House of Correction, Cold Balh-ficlds, for the pnrpose of trying its quality in my family : viz.— twice in ttuf limn, and twiie during January las* ; being the bread furnished lo him, and each lime had the bread of a whole week- On two of these occasions— llu; hfcond and last, I found it prcUy good in quality, but by no means equal to what I purchase for my or- dinary consumption. On the two other occasions it was very bad ; often perceptibly so to the smell, and when put in water did not absorb nearly so much as other bread. My health was not affected by what I used of it ; but my wife was sensibly worse— feelinf, after tlse use of this bread, a craving in Iwr sU)iBi*cb, luid weak- ness otherwise. ^.^^^^^ » (Signed) " JAMES TITFORO." " Fchuamj 3, 1025." That, after No. 1. of the above letters was read to H»e Mnsislralcs, till y called your Petitioner before tlicm, and laid him uinler ao ob- jij^iition not to communicate any complaint to the public, with re;,'ar here, and trusting that you will excuse this additional trouble, I am yours, &c. ROBE, r GOURLAY. Richard Martin, Esq. M.P. CERTIFICATE. I l)a*e tasted six loaves within the last ten days in Mr. Gourlay's apartmc.: if Cold-bath-fields Prison : one of them only was equal in goodness to what is usually Bold by bakers, the rest was all of very inferior quality, and some shucking bad. This day I have tasted a loaf which is sweet, and looks pretty well, yet is far from being equal iu quality to what is made of the best wheaten flour. JAM^ TITFORD. March 51, 1825. Sir, JlprU 31, ISi^.S. I wrote to you under date d9th ult. and accompanied my letter with a Petition, which I begged of you to present to (he House of Commons* and get printed, that And that (Ills Itee on Priston )URLAV.« Golwny, and the , Cold-hath-ficldt, \k, 18«5. ny mind thkt you t order. Indeed, nt on tlie tread- severe for fcloni. I'etitioii, fir) thtt (I that after wards toor prisonen the nt, GOURLAY. larch 30, 1885. 'etition regarding the brutes, that ipecics. A news- louse would rise were not in your seiitod before the might durinj; the ■a very important e particular occa- siieiitcd from an staff of life ai U prove that up to rusting that you GOURLAY. ay's apartmc..: of what is usually le shucking bad. II, yet is far from is TITFORD. tpril 31. IS'^.S. with a Petition, get printed, that 9A (A. 22.) To the Honourable the Commons, &c, THE PETITION OF ROBERT GOURLAY, ESQUIRE. Humbiv sliowetli, Tliat your Telilioner lias been persecuted for upwards of fifteen years; tind, for llie last half of that period, separated from his tfiildren. That, to escape ruin, and find an asylum for his family, he went oiil, ill 1817, to Upper Canada, where he had landed property and friends : — That, there becoming popular, he excited the jealousy of men in power, was twice tried, and twice honourably acquitted. That, aAer this, his enemies becoming still more jealous, ordered him to leave the Province, under colour of an alien law; and merely because an individual swore he was seditious : on refusal, threw him into jail: detained him eight months without benefit of bail; and then banished him on proving the bare fact that he would not voluntarily depart, while so weak with confinement as to be unable to protest against proceedings. That, returning to England, in 1819, he found his wife bad been frightened out of a valuable farm without compensation : that his Members might reflect on the subject during the holidays. Yesterday I despatched a second letlf r. but nut hearing from you. or seeing any thing in the Farliamentarj Reports uf the Petition, am afraid sume accident has happened. Will you ttiea oblige me with two lines sayiug if my letters reached you, and if you decline pre- senting my Petition, return It to mc. Your obedient Servant, Biehard Martut, Eiq. M.P. ROBERT GOURLAY. Mr. Martin not replying to the last of thes« letters, a friend of mine called at his house the 9ih of April, and brought awuy the Petition, which is now in consequence ptblishi'd, and will thus, it is hoped, attract attention. I add tlic two following letters to wind-up the concern. Houie of Correction, Dear Sir. March 31. 18S5. Acctpt my thanks for your continued offers of additional comfarts here. Nothins injures my health but using bread of an inferior quality, and often noxious. Could jQu order me to be supplied by the baker who serves the Governor all would be right as to this, and 1 should be greatly obliged to vou. Yours, truly, Doctor Webb. ROBERT GOURLAY. DBAftSin, April \3, IQiS. You remarked to-day that I was looking l}etter. and I am indeed now perfectly well. It is worthy of notice that the bread furnished by your special order has not only improved my liealth. but leaves no craving in the stomaah, as the prison bread does. Much less satisfies hunger, insomuch that I do with three loaves a week, of two pounds each, instead of the eight and three-quarter pound of the other, therebjr saving a penny a day, which can be otherwise expended. Let the Magistrates see this for farther reflection on a very serious subject to poor prisoners. Yours, &c. Voctw Webb. ROBERT GOURLAY. i f\.. i 1 ■- ■. IP ^ , O'l $■'• ' j ■ : t 1 1 -I- 1 1 : mi stock liad l>eni given away for Iwlf it.* woilli; and llial half pul into bond for Jlio sccurilv of Ins succcssof. He found, also, tl.at a suit in Cl.anccry hiul Ijeei. revited «gaiiist M«; md that provisio-. io. his children was disputed at law. Thus situated— deprived of all nroix.»Jt, Mwf lahonri^^g umkr nervous rhahidy uidnced by cruel im- prisonnfent abroad, he spent four years convulsed with distress. Ivhicb was heighteneci to the utmost by the sudden death ot lus b-lovcd wife! At last, by extraordinary efforts, having recovered health and strength, he beat his opponent in Cliancery, and secured Iiis children's provision in the House of Lords. That thou<'h thus lightened of care, ho could not re-possess Ins uropcrlY vithout public inquiry; neither could he set about regular einpMuKUit for a livelihood, or Fejoiii Ids family, because of con- tinued persecution, a. this desperate situation, and having tailed ot aaining notice by Petitions to Parliament, the King in Council, and tfre King in person, he thought of an estraoidinary measure, which, being approved of by a friend, ke executed coolly and debbrrately: T?liat. lor this act, in itself hvMmlcss, he was arrested, accused ot njadness, and, on the mere opinion of two doctors, confined in tkv prison-room of the House of Commons till the prorogation ot Par- That, after this, while walliing home peaceably and quietly, he was arrested, carried before a magistrate, and by him committed to- the Hoirse ttndoiivd in prison by many relations and frifetids : his sisiers have ceased to correspond with him ; and his daui-hters have been taught to address him in terms '^f reproach. Nav,. m«te, ort t4io Stli March, 1825, a Petition was addressed " nnto the Right Honourable tht hxmls vf Council and Session ' in Edinbnrgh, praying for an interference in the management of your Pctil'oner's affairs, on the plea that yoir Petitioner was now incapaci- tated for the manageuietit of the sanjc, in consequence "of the accusa- tions agttinst him, the declaratioBs of the doctors, end bis pr«sent st*re ol dut^nce. ..»,-. That granting bail would be corroborating tlie charge of insanity, and thereby fixing a taint upon your Petitioner and his family. That deipanding baii for the good behaviour of a madman is abisu rd. ittlS half piil into 0, tlntt a suit provision for ■prived of all 1 by cruel iia- mlti distress, death of his 02 recovered and set'ired re-possess Iiis about regular cause of con- iviug failed of Council, and ;asurti, wliicli, deliberately : 1, accused of mfined iu the ;ation of Par- id quietly, he im committed J because the mder pretence of the statute re Magistrates g expefieiiced seeing, fVem hat it was the s a person of ded to prison, 111 proceedings 1 out is neces- his reputation f relations and him; and his 1 of reproach, vas addressed find Session" ;ement of your now incapaci- 'of the aucusH- id bis pr«sent ;e of insanity, family, a madniaD is 07 That den^andin^ bail for keeping the peace, when no one has expressed dread, is unnecessary. That substituting opinion for proof, where tlie liberty of the subject is concerned, must be considered a dangerous inroad on constitutional principle, a flagrant abuse of law-pra«.ticc, and, esta- blished b} precedent, would render the Habeas Corpus Act a dead letter. That your Petitioner having lost possession of his land in Canada by a mere expression of opinion, and being now deprived of liberty on the same hollow ground, trusts that such flagrant outrage and injustice will bring into notice the whole of his case, and obtain for him that hearing which he has so long and so earnestly prayed for: will cause inquiry which may not only lead to bis relief, but throw light on colonial policy and the system of the poor-laws. Respecting your Petitioner's conduct in the world, he most wil- lingly would refer to any competent number of persons out of thou- sands who have known him in Fife, his native county ; in Wiltshire, where he kept house for seven years; in Canada; and in London. — Respecting his moral character, as a husband, a father, a master, and a friend; he would refer to those who have lived under his roof for years, and others who have lodged with him elsewhere. — Respect- ing his habits of business, he would refer to correspondence and accounts, by which, through a period of twenty years, he can chal- lenge all check, either in word or figure. — Respecting his opinions and principles, he would refer to books, and pamphlets, and papers, published by him in regular succession during sixteen years. — Respecting his sanity at the time of accusation, aud when the doc- tors gave their opinio;:, iic would refer to persons who waited on him day and night in the prison-room of the House of Commons; and he will subjoin hereto letters which were then addressed to the Right Honourable the Speaker. He would further refer to all who have conversed with him in the House of Correction. To establish, indeed, this point, so essential to his welfare, he has, from the first day of his confinement, written articles for newspapers; addressed letters to visiting magistrates, and others, to prove how uniformly correct and cheerful he has been under the greatest trials — iu wa»t — in ignominy — and alone. To all these documents he would anxiously refer, no<^ nnly on his own account and that of his children, but of every Briiish subject who may, in the same %yay, be caught by a pit-fall of law; be blighted in character; i\iv^ ruined beyond hope or consolation. — He would earnestly call th^ attention of your Honourable House to the terrible consequences of admitting opinion for fact, by showing how very far from truth was that of the iloctors in question: he would demonstrate that men, when paid for au opinion, will deceive not only the very elect, but thi'Uiselves. Y.:ur Petitioner does, upon his honour, declare, that he never so much as thought of breach of privilege in connexion with the mi which caused his arrest: neither did that yet proceed from passion or pique. On the contrary, he can produce written tohtimony of the reverse. He declares, upon his hoiiqur, that, first and 1.1*1, hi o II 98 acted on the principle of sacred duly to himself, his children, and his country. , i i • u «• Your Petitioner trusts that time has nov smoothed down irritation; and tliat, after he has endured the greatest provocations with patience, equanimity, and good humour, lie may find generosity in tlie Lnglish breast, its native seat. He therefore, entreats that your Honourable House will not only take the whole of these premises into serious consideration, but review the Act of 39 and 40 George III. chap. 94, as it affects the liberty of the subject :-Thal fourteen petitions, written by him, and printed in the Journals of the House ot Com- mons, be brought up and referred to a Committee -.—That tins petition [and its annexations*] be printed -.-And that a commission be forthwith appointed to visit, examine, and assist your Petitioner, if found worthy. And he will ever pray, ^,,.., .,r ROBERT GOURLAY, Copies oj Letters above referred to. Sir, House of Commons, June 17, 1824. Last Friday, Mr. Brougham, in his place, confirmed to you ,m the chair of the House of Commons, a report of my havuig assaulted him in the lobby, and made it appear as if I was a person of disor- dered intellect. You caused doctors to visit me, who have reported me of unsound mind: now. sir, this is a very serious charge ; and, as I am the father of five children, I trust you will thmk pf it at once seriously, calmly, and considerately. It is proverbial for doctou to differ : and, when the truth is known, the whole world, I trust, will differ from your doctors. Madmen do not communicate their designs. I concerted mine against Mr. Brougham in the lobby of »•'«"«"«« ^^ Commons five months ago. with Doctor Joseph. H^'l^^"' ;\^ approved. Doctor H. received a liberal education; took out liis degree as a physician, at Edinburgh, six years ago; practised ii Canada several years, ^nd is in every way entitled to respect a a gentleman. I was born to the inheritance of landed estates in File- shire. both by father and mother; received the most liberal education; and was bred to no profession, only because my father thought he had abundance ''to support me as a gentleman. In ""y "'''l'^^^,^";! >! where I resided till thirty years of age, I visited families o| the first rank, and had a standing invitation to dine with the Lord Lieutenant. I became a tenant to the Duke of Somerset, not from any wish o make a livelihood by farming, but with great and good objects n view.' I lived, a married man. in Wiltshire, seven years, i could get hundreds, in every rank, to attest that my conduct, during that These enclosed woids ^ill be »lruck out of llic pelilion before it is luesenlcd. &: 99 hildreUf aud ivn irritation; •illi patience, 1 the English ■ Honourable into serious [II. chap. 94, ;en petitions, luse of Com- :__That this a comoiission ur Petitioner, OUllLAY, e 17, 1824. ed to you, ,ii» iving assaulted irson of disor- have reported i charge ; and, ik of it at once I for doctors to d, 1 trust, will e their designs. )f the House of [lamilton, who ; took out his ; practised i» :o respect as a estates in Fife- leral education; lier thought he y native county, ilies of the first .ord Lieutenant, iin any wish to jood objects in years. 1 could ucl, during that period, was uniformly respectable and correct: and, lltree weks ago, looking forward to what might happen, I wrote to a clergyman of the Church of England there, intimating that I might want from him and some of his neighbours a certificate as to my character and conduct. For the last seven years I have been exposed to trials which would have driven most men mad; but I have weathered the storm of adversity, and am now clearer-headed than ever I was before in my life. On the verge of madness, I yielded to circumstances: broke stones for the highway, and cured myself of a nervous malady which for three years tore me to pieces and marred all my projects. This, sir, was any thing but the act of a man of unsound mind, for nothing but uncommon strength and toughness would have carried me through. Since, then, I have beaten the Duke of Somerset out of Chancery, and gained for my children £3000 in the House of Lords, which I did contrary to the advice of my friends — from knowing better than them my business. The -first evening that I was confined here I wrote out a petition to th€ House of Commons, declaring that I had no intention to insult the House, and was sorry any thing of the kind should be supposed. That petition I could get no one to present : and another has been equally unfortunate; in consequence of which I now address you by letter, to entreat that I may be called to the bar of Parliament, and have a Committee appointed to inquire specially into my whole case; which, not only for my own sake but tliat of the public, is worthy of being thus honoured. I would not, sir, appeal to Scripture but as it is part and parcel of the law of England. We read in Scripture of Christ whipping people in the temple; of his ordering a sword to be carried in his company ; and of his being in anger. All this I consider fair precedent, and what should induce you to give me fair play. I have the honour to be, ROBERT GOURLAY. The Right Honourable the Speaker. Sir, Prison-Room, House of Commons, June 18, 1824. jrc il is presi enlcd. I wrote to you yesterday; and, while unnoticed in my present situation, you cannot wonder at my addressing you a second time, to protest against unfair treatment, and again to beg for a hearing at the bar of the House. Had I committed the act for which I am confined in prison, and with violence declaring that I wished to insult the House, as well as one of its Members, tb-ve would even then have been a limit to chastisement; but what can be worse, and where is the limit, con- demning me upon mere suspicion, and the opinion of two doctors, after a few loose conversations? Is this sufficient to set me down as a person of unsound mind, who must be delivered over to the keeping I I m \M m m ■I 100 of mv friends, or forcibly sent lo Becllani 1 Felix (Feslus) did not 80 much injure PauL-wheu he thought him mad ; nor did tl.c n- genious Frenchman, who got to Paris by wntmg " potson J^ tk. W" on a parcel of brick-dust, suffer for it. Sir, could I gain my 2, even by staking life on the venture, 1 should be contented and my country benefited beyond measure. " Fear came upon a /, and loiieaKO proclaimed Ignorance a coward. Ignorance would call it tSon lo'^p^l the Kini by the nose, while, in fact, it might be sacred duK Suppose his Majesty to fall into a narrow well ^ora whence he cJuld not be got out but by using his nose as a handle, would it not be justifiable to pull him by it ? 1 am, most respectfully, Yours, &c. ROBERT r.OURLAY. The Eight Honourable the Speaker. Prison-Room, House of Commons, June 20?A, 1824. According to your orders. I am visited daily by one or two doctors the same who reported me of unsound mind I «rust be ore the end ofthe session they will recant, and report mc quite the reverse. That they mav know me the belter. I talk to them freely; and am sorry there is not a window in my breast for them to see mv heart instead of judging by conversation only. They ha^;e not yet handled mv head, andlnless they ask leave, 1 shall believe them to have more "2^se tl^n mere phrenologist^ As it is an established fact, that " great ZttomadnessisalUedrl^ shall not quarrel becauseot the first report. It was verv like the act of a madman to whip a member of your Ho- nourable House within the threshold ; but so were «h»"dred deeds of greater men than your prisoner, to say nothing of hi>n who should be our example in all things. I was. sir, from intancy. of a sanguine, sneculative. and enthusiastic temperament, and the concatenation of events conspired to heighten this. Just now six years ago, after being most cruelly, most unjustly, and most unnecessarily imprisoned fo r4o.ths,'l was still mori cruelly, unjustly and unnecessarily shut up Sv a room of the prison for six weeks, by the end of which lime, weakened and exasperated, my nervous system was seriously Iniured; and being banished without proof of crime,-banished from aiount y where I had property and friends, good intentions and great We of accomplishment- 1 came home to England only to discover gXter misfortunes, and to be exposed *«»''« gf^f^** "V" Hb four years, sir, have gone by, in which, were my history detailed, the wonder would be, how I had strength of mind and suflicient good urinciple to sustain me. It is only a month ago, since real comfort dawned upon me through a decision of the Lords which ensured bJeld^to my ciiilclren. long most unjustly withheld ; and it is only uhhiu ll.i> inonlh that 1 have enjoyed any thing >'^f ""«'»7,«f /^f 'rj ior th.se last four liloomy years ;-only wUhm tins month that I have us) did not did tlic in- 80n for the Id I gain my nlented, and on all" and ^ould call it ht be sacred From whence would it not )URLAY. of Commons, i24. two doctors, efore the end the reverse. ee\y ; and am see my heart, t yet handled to have more t, that " great le first report, of your Ho- undred deeds n who should of a sanguine, icatenatiou of 50, after being n prisoned for 'cessarily shut end of which was seriously banished from ions and great i!y to discover it of all trials. y detailed, the tufiicient good I real comfort vhich ensured and it is only oyed happiness 1th that 1 have loi felt assurance, that 1 may yet recover from trial, and make advan- tage of it. This, sir, is Sunday,— a day which I was bred up to hold sacred $ and which I shall ever revere even as a civil institution. This is a day on which you ought to reflect seriously, — on which, freeing your mind from all the fashions of men, you should think abstractly of pure goodness. I have petitioned Parliament on great subjects syste- matically for eiglit years, and my Petitions of the last four years have lieen recorded in the Parliamentary Journals. Say nothing of my private concerns, in which I can produce documents to attest my cor- rectness,— accounts and correspondence regularly filed through a period of upwards of twenty years. Say nothing of my having been beset, for the greater part of that time, by law persecution, and in evory instance having come ofF conqueror. Say nothing of my being shut up here and reported of unsound mind, when the very doctors themselves will be brought to a better opinion. Say nothing of aM this, but take my printed Petitions of 1820, 1821, 1822, 1823, and 1824 :— take these petitions, and let me be judged by them. These Petitions, sir, will not only acquit me from charges of being unsound hi mind ; but, if you will on this day peruse them,- -(and they are not unfit for perusal this day,)— if you will on this day, sacred to truth and goodness, seriously peruse tliese Petitions, you will think me worthy to be heard atthe'bar of Pariiament; or, if you would rather have it, before a Committee in this room, to plead specially on the prayers of my Petitions, to answer to interrogatories, and to amplify.. The sub- jects are out of sight, the most important for inquiry of any which now concern the welfare of the world, — poor-law reform and emigratioa connected with it ;— the improvement of the British peasantry, and the spread of industrious honest men througliout the earth,— the growth of humanity and the glory of God. 1 am, your obedient.scrvant, ROBERT OOURLAY. 7%« Right Honourable the Speaker. Prison-Room, House of CommotUj June 11, 1824. Sir, I shall annex below, certificates which are undoubtedly better a«- tliority than that of Doctor Monro and Sir George Tuthill, however high these gentlemen may r" 5 pi-ofessionally ; also, a list of Petitions alluded to in my letter of ^k icrday, which I should be glad were brought up and submitted to' a Committee of the House of CommoiM. 1 am, yours, &c. ROBERT GOURLAY. TAe Right Honourable the Speaker. CERTIFICATES. I have been intimately acquainted with Robert Gourlay (now con- fined bv order of the House of Commons) since the month of p nma ^. !■ fj'iii: J:. M iNiif ill 102 JanMary last, and have visited l.im daily during his present confine ment. I never knew any one more regularly cheerful, more deler- »ined iu principle, or more ^--^^^/^'^^^s BERBER, Surgeon. JuneW, 1824. South-street, Finshury -square, June 10, 1824. I have known Mr. Robert Gourlay (now confined by order of the House of Commons) for more than three years; and, during much of this period, he was a daily visiter at the London Institution, where his conduct was uniformly regular and proper. He has repeatedly consulted me as his medical adviser and surgeon. On these occasions liis conversation was always sensible ; and, even while suffering acute pain from a contusion, his flow ot spirits was regularly cheerful. L. LEESE. IB I, Joseph White, of Wily, in Wiltshire, served Robert Gourlay (now confined by authority of the Speaker of the House of Com- mons) for several years as a farm-servant ; and afterwards had hini for a lodger for three months in the year 1822. In his conduct to me, and every body, he was uniformly kind, civil, and indulgent. He was punctual in his payments, and orderly in all his attairs. From my experience, I should suppose no man further removed from insanity. ^ JOSEPH WHITE. Infant School, Spital-Jields, June 15, 1824. 13, Clifton-street, Finsbury, June 15, 1824. We hereby certify that Robert Gourlay (now confined by an order of the House of Commons) has been our lodger for the greater part of the last three years :— that we have uniformly found him punctual in his payments, regular in his habits, quiet, orderly, and civil to every body -.-that, so far from being insane, we can say, from all our experience of him, that no man. in our opinion, is less so. ^ JAMES PRESSEY & ELIZABETH PRESSEY. ' We, who have long lodged, and some of us for years, in the same house with Mr. Gourlay, viz. No. 13, Clifton-street, Finsbury have never had the smallest reason to dissent from what is above athrmcd by Mr. and Mrs. Pressey. „,„,»»,, «t. »»« EDMON DE DE LA TOU R-W ILLIAM BEARD- JAMES BARBER. List of Petitions. 1st, presented by Sit J. Mackmtosh July 12, 1820. 2d, presented by Sir J. Mackintosh June 27, 1821. ient confine- more deler- Surgeon. n/square, 24. order of tlie during much tution, Nvlicre and surgeon, e; and, even )f spirits was .. LEESE. bert Gourlay )use of Coni- irds had liiiu s conduct to nd indulgent. lU his afi'airs. ther removed i WHITE. , Fimhury, 824. d by an order 16 greater part him punctual , and civil to y, from all our s so. PRESSEY. rs, in the same rinsbury, have above aiHrmcd ^M BEARD- 2, 1820. 27, 1821. 3il, 4th, X 5tli, J 6tli. 7lh, 8th, 9lh. 7 lOih, J- 11th. S 12lh, 13th, 14th, 103 presented by Mr. Hume ..Fcb.27, 1823. presented by Mr. Brougham July 18, 1823. presented by Mr. Grey Bennet ........ Jurte 5, 1823. presented by Mr. Jului Benett June 19, 1823. presented by Mr. Hume June 27, 1823. presented by Sir J. D. Aslley March, 1824. presented by Sir J. D. Astley June, 1024. presented by Mr. Coke June, 1824. presented by Mr. Scarlett June, 1824. * • Tlie above Petition was sent to Mr. Stuait Worlley, and the following corre- spondence has ensued. Sir, Hmue of Correction, Coldhath-fieldt, March 29, 182^. Having heard, from all quarters, that you are a staunch government man, yet per- fectly independent in principle, opinion, and conduct,—" Statesman, yet Mend to truth," 1 resolved, some time ago, to entrust you with the accompanying retitjon ; and a friend, who has been my rcgulni visiter in this place, would have waited on you with it last week, but was suddenly called from town, to attend his father's funeral, and, I am afraid, may not return till after the adjournment of the House of Commons. . . , In this situation, may I request of you merely to offer the Petition to be printed, for perusal of members during the recess; and ray friend John Willinm Bannister, Esq. student-of-law, will wait upon you, for personal communication, the end of this week or beginning of next. The only thing requiring particular notice would be to secure the printing of the Annexations along with the Petition, that being out of the common course. I have the honour to be, sir. Your obedient servant, J. Stuart Wortley, Esq. M.P. ROBERT GOURLAY. Curzon-street, March 29, 1825. Sir, I have to acknowledge the receipt of the enclosed Petition as well as the accooi- panying letter. The House of Commons would not, I conceive, order the " Annex- ations" to the Petition to be printed; and if, therefore, you wish the Petition to be presented without them, ir. will be necessary for you to write that out distinct from the " Annexations," and omit the prayer for the Petition and " Annexations" to be printed ; in which case I have no objection to present it so altered. I should, however, add, that 1 am about to leave London to-morrow morning, and that I cannot, therefore, present the Petition until my return— about the 20lh of April. I am, sir, ' Robert Gourlay, Esq. Your very humble servant, •^ * (Signed) J. STUART WORTLEY. Hoine of Correction, Cold- bath -Jields, April 2, 1825. Sir, Having received your letter of 29tli ultimo, and consulted on the subject, I have now only to say that I shall cheerfully agree to your proposal. On your return to town, my Petition, altered, shall be delivered to you, hy my friend, of whom you cannot two freely inquire as to me, uud the trying predicament in which I am placed. ... Your obedient servan!, J. Stuart Wortley, Esq. ROliEllT GOURLAY. I •:•'■! i. m. jli lil 11.: The Jury, In case of any Ferion charged with Trea- aon, &c. proving to be Inaane, to declare whether hen 104 That the reader may at once have opportunity of perusing the monstrous statute of Upper Canada, which appears above, page 11— and that by which I have a mond time been entrapped, 1 here sub- join a copy of 39th and 40th GEORGE III. CAP. XCIV. An Act for the safe custody of Insane Persons charged loitk offenceiM, (2Sth July, 1800. J Preamble. WHEREAS persoDs charged with high treason, murder, or felony, may have been or may be of unsound mind at the time of committing the offence wherewith they may have been or shall be charged, and by reason of such insanity may have been or may be found not guilty of such offence, and it may be dangerous to admit persons so acquitted to go at large : be it therefore enacted, by the King's Most Ex- cellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the aulhoritjy of the same, that in all cases where it shall be given in evidence upon the trial of any person charged wilii treason, murder, or felony, wa. acquit- that such persoH was insane at the time of the comniissioii ted by them pf jupIj offenco, and such person shall be acquitted, the of wi"V jury shall be required to find specially whether such perioo couri^'hau was iusauc at the time of the commission of such offence, bi^kepnn*" anH to declare whether such person was acquitted by them, Custody tm on account of such insanity; and if they shall find that '" such person was insane at the time of the committing such offence, the court before whom such trial shall be had, shall order such person to be kept in strict custody, in such place and in such manner as to the court shall seem fit, until His Majesty's pleasure shall be known ; and it shall thereupon be lawful for His Majesty to give such order for the safe custody of such person, during his pleasure, i;i such place and in such maimer as to His Majesty shall seem fit ; and in all cases where any person, before the passing of this act, has been acquitted of any such offences on the ground of insanity at the time of tlie commissimi thereof, and has been detained in custody as a dangerous person, by order of the court before whom such person has been tried, and still remains in custody, it shall be lawful for His Majesty to give the like order for the safe custody of such person, during His pleasure, as His Majesty is hereby enabled to give in the cases of persons who shall hereafter be afcquitted on the ground of insanity. dieted for n. And be it further enacted, That if any person in- any Offence, dieted for any offencc shall be insane, and shall upon ar- A^raig^" raignment be found so to be, by a Jury lawfully impannelled t'StTeinS for that purpose, so that such person cannot be tried ni)an Jesty's Plea sure be known, &<: Persons in dieted for or if ut T ,T" such iudictmont, or if, upon the trial of any person so in- ,iu.n be'^o dieted, such person shall appear to the jury charged with found, &c. ' * perusing the f, page 11 — , 1 here sub- harged with I, murder, or mind at the ey may have such insanity such offence, cquitted to go 5'8 Most Ex- onsent of the n this present of the same, ence upon the Jer, or felony, e commission icquitted, the r such periOD such oifence, tted by them, hall find that e committing I shall be had, itody, in such hall seem fit, ; and it shall ucli order for i pleasure, in Majesty shall II, before the such offences e comniissiou a dangerou'j icli person has lall be lawful sale custody lis Majesty is >ns who shall lity. ny person in- ihall upou ar- ly impannelled be tried u|)an person so in- charged with 105 uwcli iiKJiclnienl to lie insane, it shall be lawful for the |[j*,f""jj^ <'ourt before whom any such person shall be brought to be ii>em.to be kept in arraigned or tried as aforesaid, to direct such finding to be cuirody His Ma- tiH recorded, and thereupon to order such person to be ltepti„,y., pi,,. in strict custody until His Maiestv's pleasure shall be?"'^^'* • t •,< ii-i «• I ,1 -known. known ; and if any person charged wilh any offence shall be brought before any court to be discltarged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such court to order a jury to be inipan-< nelled to try the sanily of such person ; and if the jury so impannelled shall find such person to be insane, it shall be Jawf'til for such court to order such person to be kept iu iitiict custody^ in sjuch place and in such manner as to such court shall seem fit, until His Majesty's |tleasure shall be known; and in all cases of insanity so found, it shall be lawful for His Majesty to give such order for the safe cus- tody of such person so found to be insane, during His j)leasure, in such place and in such manner as to His Ma- jesty shall scorn fit. III. And, for llic better prevention of crimes being com-T"»on niitted by persons insane, be it further enacted, Thatif any ry "ally person shall be discovered and apprehended under circum- ^"p^',^^ °" f stances that denote a derangement of mind, and a purpose •'^'n? <*»"- f .... . ° J. ... .^, ■*, J , ceroin and of commjttmg some vrinie, for wJncn, if commit tea, «ucA insane, simit person would be liable to be indicted^ au(l any of His Ma- ?xJc''pt'hy '^^ jesty's justices of the peace before whom such person may^*"-'^*- be brought shall think fit to issue a warrant for comuiilling him or her as a dangerous |)erson suspected to be insane, such cause of conimittnenl being plainly expressed in the warrant, the person so committed shall not be bailed except by two Justices of the Peace, one whereof shall be the jus- lice who has issued such warrant, or by the court of Gene- ral Quarter Sessions, or by one of the Judges of His Ma- jesty's Courts in Westminster Hall, or by the Lord Chan- cellor, Lord Keeper, or Commissioners of the Great Seal. IV. AniX whereas insane persons have, at difterent times, The Privy endeavoured lo gain admittance lo his Majesty's presence, by one"(S''th7 intrusion on his Majesty's palaces and places of residence ofl'i^"'" and otherwise, and his Majesty's person may be endangered- maycauss u /• .1 • -t. f I I -1 ii i- Persons ap. by reason of the jnsanity of such persons: be it therefore- pearing to enacted. That if any person who shall appear to be insane a^j"g*3p^ shall endeavour to gain admittance to his Majesty's presence, vouringto ... . ri- nr • . ' I I /• gain Admit. by intrusion on any of Ins Majesty s palaces or places of re- tanpetoHii sidence, or otherwise, so that there may be reason to appre- beTept'in" hend that his Majesty's person t be endangered, it shall fh"e'j°^yQi{" be lawful for his Majesty's Priv^ Council, or one of his "f »"ch I'c. Majesty's Principal Secretaries of Stale, to cause such per- ^u^redMTio son to be brought before them or him ; and if upon exa- i,'j,'herein"' minatiou it shall appear that there is reason to apprehend <'jrrci«'rf,&sioners respectively, to direct such person to be discharged from custody, cither abso- lutely or conditionally, or under restrictions, as to him or them shall seem meet. ■-r ivy Council' of State, to I such place, ncos sHhII be nvlul for the lissiouers for in, to award ed to certaiu lire into the I of his Ma- inity of such heriff of the a jury to try esty's person such person. try the sanity it de lunatko en it shall be person of his lanity of such icellor. Lord istody of the for the safe be reason to e endangered it shall after- vered the use longer any tsty's person, awful for the iiissioners for ig, to inquire Hi shall seem satisfaction, }f bis or her ling any dan- of sucli per- ncellor, Lord ily, to direct cither abso- as to bim or 107 (A. 23.) To the Honourable the Commons, £fc. THE PETITION OF UOBERT OOURLAY* Humbly jihowelli, That your Petilinner having carefully perused a Bill now ill progress before your Honourable House, entitled, " a BiU to enable His Majestif to grant to a company certain lands I'a the Province of Upper Canada ; and to invest the said company with certain powers and privileges thereto," loses no time in protesting against passing the said Bill, conceiving that the measure has liot been suHiciently weighed, and seeing upon the face of the bill itself the clearest evidence that the business is not sufficiently understood. Your Petitioner presumes to speak confidently and boldly on this subject from right, knowledge^ and experience. In the year 1807, he acquired, by marriage, a share of certain lauds in Upper Canada ; and in 1810, paid money for other lands which he pur- chased there. In the year 1817 he went abroad to Upper Canada, for the purpose among others, of viewing and ascertaining the value of his property ; but found it then unsaleable because of certain inter- ferences on the part of the local Government with the operation of British statute law, then notorious; and which your Petitioner could yet make evident at the bar of your Honourable House, or before any committee, commission, or board. Your Petitioner travelled through the whole extent of Upper Canada, liven settled— circulated queries and obtained much information as to the Province in every way. With this information, and a general knowledge of British agricul- ture, acquired by study, travelling, and practice, as a farmer in Scotland and England during a period of twenty years, he was able to forin not only correct notions of the value of land in Upper Ca- iiaria, but to see how this could be greatly increased. Thus quali- lied, and having also travelled in the United States of America, to make inquiries as to the management of land there, he despatched a letter to England, dated 24th March, 1818, to be laid before Lord Bathurst ; and which, he has reason to believe, was laid before his Lordship, wherein it was asserted, that " Upper Canada might " yield a handsome revenue ; and that the public lands, well ma- " naged, could qffvrd to maintain two regiments ; repair, and " keep in repair, all the forts ; and, after ten years, yield Govern' " ment an annual rent of one hundred thousand pounds." Being detained in the Province sixteen months after this letter was des- patched, your Petitioner's knowledge was greatly increased ; his schemes for improving the value of land were matured ; and his views of rendering British North America valuable to tiie nation • Prvtcntcd b^ Mr. Hume, 3d of Majf, and ordered to l)e printed 6ili of Maj, 1625. Ms il I ill W t i ] ■ Iff' pi I 108 gffatly fxleiKleil. ReUmiiug to England, lie stated Jo every Mcni- bcrofthe House of Commons, by a circular printed letter, .latecf June 10. 1820, that " Vpper Canada, instfadofcoshni^thticoun^ " try a large sum of money to maintain it €ould yuld annuaHj a •• handsome revenue to the liritish Government: that rnstead oj " remaining the poorest, it mai/ apeedilff become the richest port oj " North A?nniva ; that it may this very year ^iveempioyment and " bread to 50.000 of the poor inhabitants of Hrttainj an'/ /> •• manu years to come, afford annually a simiiar dram for rednn-^ " dant population.^ Lastly, that it may be made a permanent and " sfcure bulwark to the British empire instead oj betw^ a i„re M «• its invasion and rfo«n>//.--To illu^tralo and prove tln-se ,..»s.- tipns yonr Petitioner put to press h work inlen.Iod to be publts k.<< in successive volumes, but when the first Avas ready for publication, a melancholy d«..nestic calamity unfitted him tor business, aii( a series of disaster, followetl, which nltimately marred all '« < ^^'S'" --lost to him £500 expended on the work, which tell to the ground unavailing and short of Ihe volume wherein was to !«7 J;.*^f';^^'» forth his plans of improvement and illustration. He turlher corre- sponded with the Cohmial Department ; »'';•♦"•;. ^^•'^^l^^;.' ' ' dressed letters to dislinf,.mhed Memln-rs of f«^ 7'^"* ?..«'" 7' ticc, bht could not succeed even thoufjl. he had '""f P^'*'* "» I'''" lent'ed and ordered to he printed, ^'f ^ ^"'y',^^,^^" 'h^J'^./'S IO«l- •27lh February, 18'22 ; and 18lh July. 1822. He has slill never heless kept a sfjady eye on all that relates to Nor h American Provinces, and has watched the progress ot the Canada Company. T company has, without consulting your I'el.t.oner copied into its prospectuUf fifty-seven pages, no l'^-.^''^" f^f :;^:;»'"f ven his work, and six of t>'«^e pages, the rnost important w^hout^e^^^^ acknowMging the plagiarism. Your Pe' mr from -a > com*.- yleratioiTS.''susVcting ihat this business was '-y*''''y ""^^'^j^ ' wrote a letter to the Lord Chancellor mhUt J^L ^ T /«// Mf 18-M as follows: " Should your Lorashp think ^t to lay the '^whohbefl the King for actual perusal, I shal be happy to e^ter into explanations^/ the vast scheme of connectmg poor-law refZmwith Emigration, which has engaged ^!/ lf^'>"ShtsM seven yiars, and wMch no other person seems to '^^^^ .'■!'» "«l'^'f; • thmsh of the utmost consequence to national welfare After - Z American war, Mr. Oswald, a London merchant ma, en- " ir Jed wth settling the boundaries between the United States " and Canada. He gave away territory equal in extent to Ihe .. thise!^tlednart of the United ^^f\-^f^J'S%'Z^^^^^ " retained, and afterwards i^ed tears for his error. Present Mi- - nsteTshalagLl to sell to a company the Government reserves of " Canada and half the church lands, without consulting Parliament, .. oTdlly Considering the good which might accrue to t^nghndfrom .'Judicious management, and due P-Z-Vi'*^;. /{f » '''J^^^ "hints of no value, andmy papers unworthy of being laid befoiettie " King, I shall be glad to have this with the annexations, written w onthi twcnty.six'' following pages returned to fne in the course oj every Mcn»- ettcr, (lateiJ ;^ Ihii coun- I annually a t instead oj best part of lin/ment on if in : aii'l I ')• n for redun- •manent and si- be publblH!<4 ' publication, liiiess, iind a I liis (ie8i;>iis ) tlie ground, lave been sot iirther corre- va\ \cars ad- it to gain tio- Potitions |)rc- ; 27th June, tie has still rth American da Company. , copied into teen pages of without even I many consi- ^ undersitood, I'ptemLu. «ith, it to lay the I he happy to 'ing poor-law ^ fits for seven contemplated, Ifare. After hant, was en- United States extent to {he rht have, been Present Mi- \ent reserves of Sf Parliament, England, from ou think these laid before the tions, written I the course of PHREY. Cahlos. 109 " ten days. I think the whole of such consequence that I shalisuh- " scribe this before witnesses, — and am, " Your Lordship's obedient servant, ROBERT GOURLAY. ' HVness to the tigning ) W. J. Hum " hereof. j Thomas C/ " To the Rif^ht Hon. the Lord Chancellor." Your rclitioner now earnestly enlreats, that before the Canada Bill is passed, his Petitions of 12th July, 1020— 27th June, l»-il—27lh Feb. 1822 ; and 18lh July, 1022, be broui^ht up and reconsidered. That your I'elilioner may either be examined on this subject at the bar of your Honourable House, or before a Committee, Commission, or Board, appointed for inquiry as to North American Provinces and cmigraiion : also, that this Petition may be printed. And he will ever pray, ROBERT OOURLAY. (A. 24.) To the Right Honourable the Lords of Council and Session. THE PETITION OF ROBERT GOURLAV* Humbly showeth, . c . Thai it was intimated to your Petitioner, for the nrst time, on the 20th April, 1825, that Th«mas Henderson, farn^er, at Newton, of VVeymss, had petitioned your Lordships for behoof ot your Petitioner's children; and the same day his printed Petition, dated 9th March, 1825, was put into your Petitioner's hands. That the said Petition commences with staling, that he, the sanl Tiiomas Henderson, " t« under the necessity of applying to the " Court for the appointment of a factor to uplift, discharge, and tn- " vest a certain sum of money, the property of the minors, — meaning your Petitiontr's children ; and, after setting forth circum- stances, proceeds as follows : " It therefore becomes necessary to " uplift these sums, and invest them securely for behoof of ff^^P^' " ties interested. It would, properly speaking, be the duty of Mr. " Robert Ciourlay himself to execute this business, as trustee for " Ai« children ; but he is now absent from Scotland, and in pecu- " liar circumstances which preclude him from doing so. In point " of fact, Mr. Gourlay was taken into custody in the month of " June last, by warrant of the House of Commons, for an assault " upon Mr. Brougham, one of the Members, in the lobby oJ the «• House. The examination of Drs. Sir George Tuthill and Munro " having satisfied the House that he was then in a state of insanity, " he was kept in confinement till the close of the Session of Purha- " ment, and being then of course liberated, he was immediately " thereof ter apprehended upon a warrant issued by the Bow-street • Desnalched by post, 9th May. 1825, under covet " To ihe lUgfit Honourable the Lord Pmident oJ the Court of Session, Edinburgh:' no i|i;^ 'ittratea, in consequence of its having been thought necetsari/ certain high qunrttrs, to have him stiflin coercion. The tnedical " magiatrate " in certain fitgn quart " gentlemen who had been examined by the House of Commons were " again examined on oath before the magistrates, and swore that " tneif were still of the same opinion an lo k:s state of mind, in which " they were confirmed by observing his manner during fhe exami- " nation then going on. Sif' George Tuthill added, that he thought '■' Mr. Gourlay was a dangerous person, and not fit to be suffered to " go abroad : whereupon the magistrates committed him to the ses- " sions, under the act of Parliamemi, there to he further dealt with: ** and he has remained in confinenunt ever since. " P further appears to the Petitioner that there are other ground^ '- which of themselves render it necessary that the matter should be " managed under the authority of your Lordships, and which en- " title the Court to appoint a factor for that purpose. The Peli. *' tioner herealludes to a collision of interests between Mr. Gourlay anu " the children, which arises thus : — It will be observed, that Oliver " Gourlay's estate having only paid dividends, there is a deficienof " in the sum provided to the children by the grandfather ; and for this " deficiency, Mr. Robert Gourlay is liable, personally, by his contract " of marriage, as cautioner for his father. But Mr. Gourlay has no " property, of any description, in this country, out of which to tnake " up the deficiency, nor any employment, nor means of subsistence, *' so far as the Petitioner knows ; and being, also, not altogether free " efdebt, there is reason to apprehend, that if he were to get potsscs- " aion of this fund, it might be either attached by his creditors, or ** employed in their payment, or that it migh t be otherwise not securely " invested. In fact, a design to pay debt with part of it, has been " already intimated by Mr. Gourlay: and therefore the Petitioner " has felt it his duty to the children, to make the present application, " that the money may be laid out upon heritable security in Scotland, " for behoof of the parties entitled thereto, by a fact or named by the " Court." Having quoted this much from the petition of Thomas Henderson, your Petitioner denies that he is in circumstances which preclude him from uplifting and investing the sums cf money in question. He denies that the medical gentlemen were confirmed in their opinion by observing your Petitioner's manner during the examina- tion. He*^ denies that Sir George Tuthill added that he was a dan- gerous person, and not fit to be suffered to go abroad. He denies that there are other circumstances which render it necessary that the niattci' should be managed under authority of your Lordships. He denies that he is liable, personally, as cautioner for his father- He denies that there is reason to apprehend, that if he were to gel possession of the fund in question, it might be either attached by his crediiors, or employed in their payment ; or that it might be otherwise not securely invested. He denies that a design to pay debt with part of it has been already intimated in the least degree to endangrr the same. Having said so ntuch in contradiction, your Petitioner has now lo slate, that though fj€ is in confinement, he remains so only till he gives bail, which be ha^ refused to give, con- Ill ght neceasary The tnedica! Commons wen td swore tka* nnd, in which lo" the excmi- lut he thought be suffered to lim to the ses- er dealt with : )ther grounds, jtler should he jnd tehich en- P. The Peti. r.Gourlai/am d, that Oliver is a dejicienqi r; and for this bi/ his contract jburlay has no which to naht of subsistence, altogether free to get posses- s creditors, or ise not securely f it, has been the Petitioner it application, \y in Scotland, named by the as Henderson, hich preclude y ill question, rmed in their [ the examiua- he was a dan- i. He denies necessary that »ur Lordships, for his father, e were to gel r attaclied by it it mijuiiit be design to pay ie least degree adiction, your •nfitiemcnt, he I to give, coH- ceivingthal, by doing so, he would, under circumstances, fasttMi upon himself and his family, the taint of insanity.— That it is notorious he is in no degree insane, whatever joctors, paid for an opinion, may have said, and that the offer ol having liberty on bail is proof that he is not considered a dangerous persou. — That so far from his cou- tiueinent precluding him from the transaction of business, it does, in fact, enable him to manage his affairs better than he could otherwise do under circumstances ; and before he heard of Thomas Henderson's petition, he had commenced correspondence with an agent in Fifeshire, respecting the investment of the fund in question, oil a land security in that county. It is here proper to remark, that the fund to be uplifted consists of principal and interest. The prin- cipal sum was provided to goeitherto one ormoreof your Petitioner's children, after his death, as he may decide. The interest is at your Petitioner's disposal, without question, on the part of his children, or any one else. It is a provision, however, so clearly destined for the maintenance of his family, that he dreads no threat as to its being seizable by his creditors ; and such a threat being communi- cated last September, to Mr. Chalmers, solicitor, Westminster, by Mr. Clark, writer to the signet, Edinburgh, for your Petitioner's infor- mation, he, Mr. Chalmers, answered immediaiely, that it v/as " un- just and absurd," and advised bringing an action, in your Petitioner's name, for payment of the said interest. As to the assertion that your Petitioner has no property of any description, nor any employment, nor means of subsistence, he has to state that Thomas Henderson has been the chief cause of his,, your Petitioner's greatest misfortunes, and this be will prove, should it be required. That be has a disposition to be troublesome, vexa* tious, and malignant, needs no proof out of his own petition, whicb,^ as it is altogether unnecessary, must appear to every impartial mind to be infamous, tending not only to ruin your Petitioner's credit, but to fix upon him and his children the taint of insanity. — Your Peti> tioner has not only to deprecate such a petition, but to complain of William Clark, W.S. who has suffered his name to be attached tu it,. as agent. Your Petitioner first employed William Clark as his agent, in 1807 — never withdrew from him his agency, and does not con- ceive he is at liberty to throw the same up — far less to take part against your Petitioner, under present circumstances. Your Petitioner, trusting that so odious a petition as that of Tho- mas Henderson may be voluntarily withdrawn, has delayed all formal opposition to it, up to this &th day of May, 1825, when he has written his agent, Mr. Chs>lmers, who corresponds with Mr. Clark, that leave may be obtained for answering it if required ; 306 under circumstances, be deems it prudent thus earnestly to entreat that no unfair advantage shall be allowed, either to Thomas Hender- son or his agent ; but if it is necessary, that he, your Petitioner, should appoiut another agent, in tho place of William Clark, that your Lordtbtpa may grant time for appointment of the same. According to justice, &c. ROBERT GOURLAY, House of Correction, Cold-bath-field; London, 9th May, 1825. n-2 j|}[ft..ii (A. 25.) To the Honourable the Commons, &r. THE PETITION OF ROBERT GOURLAV liiinibiv sliowetli, . . i •• . ' That your Pelilioner has had two petitions, relating to tlie Court of Chancery, presented to your Honourable House, viz. oil the 22d and 30lh March, 1825. rk in the press, a d the statute, under e these. sequences rcsultiug t'tion, served upon ih me of the control is of Lords, by ray all immediutely put i design of this one, I, inducing even my o rescue my honour 113 That the prayers of these petitions not being yet answered, your Petitioner deems it a duty to himself, his children, and his country, As this document k an oflkial copy, you will Lave the goodness to return it to nie, by Mr. Bannister, to-morruw. I have the honour to be, Sir, Your obedient servant, J. Stuart Wortleii, Esq. ROBERT GOURLAY. P.S. Having been too late for the post, this will now be landed in by Mr. B, R. G. Sir, House of Correction t Cold-huth-fieldt, '2m April, 1825. Mr. Bannister has returned to me with the Petition ; and after consulting with him as to further alterations, I have, resolved to write it on one sheet, and the annexations an another, so that the whole may be laid on the table, while the Peti- tion is kept distinct for printing. The delay is not to be regretted, as, from the cordial reception you gave my friend, I am more sanguine of your taking an interest in the business ; aud, at leisure, too, may look over the printed documents, so as more clearly to perceive the very cruel circumstances in which I am placed ; and from which nothing but full and fair Par- liamentary inquiry can deliver me. Mr. Bannister says, you have received some petitions from the country in my favour. I would be glad could you drop me two lines, saying whence they have come; and were you in the House of Conimons, it would be well to present theui, the more to engage attention. By IMonday, I shall get my own re-written. I have the honour to be. Sir, Yours, &c. J. Stuart Wortley, Esq. ROBERT GOURLAY. Sir, House of Commons, Friday evening. In answer to your letter of yesterday, I have to inform you, that the pe- titions which 1 have received upon your case, and of which I spoke to Mr. Bannister, were three from Ceres in Fife, and one from Ferry-port-on-Craig : and I have, accord- ing to your desire, presented them to ihe House of Commons this evening. I am, Sir, Your very humble servant, J. STUART WORTLEY. Robert Gourlay, Esq, Sir, Home nf Comction, May '2, 182o. Acc«pt my thanks for presenting petitions in my favour last Friday. 1 should this day have had my own petition, to be presented by you, re-writien and despatched ; but my attention has been arrested by an aflair demanding more instant notice. On Saturday I received from Mr. Hume, a copy of the Canada Bill, now in pro- gress before the House of Commons. I had suspected beforehand, that the business to which this relates was not as it should be : but on seeing the bill and weighing all circumstances, became assured of it. It seemed of such weighty import to the nation, that I wrote to Mr. Hume, inviting him to visit rae, and cc.iverse on the subject ; but this morning have a letter from him saying, that the immensity of public busincsn Q Ill lllii: ; ! ■■■ ' w Jl ; liWM IN If 114 again to address your Honourable House on the same subject; to recapitulate some facts; advance others ; and prevail, if possible, by much entreaty. in his bands, prevents his seeing me : and that the b.U is to be read « l»'' \^.me^^^^^ evening. 1 have returr.ed to him. in consequence of this, the bill, y.tl tbe fol ow ng endorsement .— " I hereby protest against the hurried pmxng of this bill, « « '"^'""'J '«■ '« digested, and suspecting that the valuable property o> Upper Canada, is about to be givm " away, onliltle, mercenary, and shameful principles." k„ Mr T«nn* If you have had leisure to read over tlie printed papers dehvercd J^y ^r- B»n. nisierf intended as an Appendix to an account of my liie.-afterwards to Je P"5'''hcd —you will see how persevering I have been as to Canada, and you may depend upon it. I have not been so from any unworthy motive. There is a rn.ghty nat'o"«l '"«; rest concerned with a sound poHcy towards Nortl. American Provinces : and is very grievous, that Ministers have all along been blind to this Were I visi ed here by a commission, and examined. I should have hope yet, to throw light on he subject. I am about to write a petition to the House of Commons, relating to the Canada bill, which I shall despatch to Mr. Hume, as he has long paid attention to colonial affairs, and which I hope he will receive in time to be presented this evtn- ing. In that case I should be glad if you would listen to the reading, and support the prayer. A very great mistake has gone abroad, that I am inimical to govern, ment. I am as Ihtle so as insane; and had I the pleasure of conversing with you, doubt not should dispel suspicions of both. I have the honour to be. J. Stuart WorlUy, Esq. Sir, Sir, yours, &c ROBERT GOURLAY. 3d May. 1825. After writing you yesterday. I drew out a petition respecting Canada, and despatched it to Mr. Hume, at the House of Commons, that he might present it ■" the evening : but the newspapers of to-day give no report of this, and Mr. Hui in me has returned to rac the bill protested against, saying that he cannot arrest its pro- gress, unless I point out the grounds of objection. Unfortunately I am this day con- fined to bed with fever and cold, so that beyond writing this scrawl, I am able to do nothing. This, however, together with the bill, I shall send to you, with a specisl messenger, as the best proof of my sincerity and anxious desire, that the bill should not pass without further consideration. Were I visited here and examined, I could give ample reasons for this. Had 1 been able to sit up a sufficient time, I should have sent you a copy of my petition forwarded to Mr. Hume. As it is, you may slill see it* in his hand, or, if presented, on the table. And I cannot too earnestly press you to oppose the passing of it, till the subject is inquired into and well understood. Excuse this liberty, and believe me. Sir, Respectfully yours, J. Stuart Wortley, Esq. ROBERT GOURLAY. Sir, House of Correction, 6th May, 1825. Along with this you will receive my petition. It is not altered in the manner proposed ; but it is every way improved, and I hope now unobjectionable. The letters and certificates are thrown into the body of it, the list of petitions dis- carded, and several unnecessary words omitted. I was led to this by seeing that Mr. Williams had got a petition of mine printed 25th ultimo, containing letters and certificates ; and, in the present case, these inform as to my history, and give evidence of my sanity, equanimity, and good humour. It was my intention to have written you u long letter, pointing out the chief objects in advocating my cause; but remain so weak with confinement and sickness, that it costs me no small elTort to write even this. At any rate, it may be better for you to question me. as to any point not (le subject ; to if possible, by 1 a third time this witli tlie following I, as a measure ill- is about to be given red by Mr. Ban- Is to be published may depend upon 'hty national inte- ovinces : and it is Were I visited [irow light on the IS, relating to the r paid attention to esented this even- ding, and support liraical to govern, nversing with you, RT GOURLAY. 3d May, 1825. ;cting Canada, and might present it in 5, and Mr. Hume inot arrest its pro- I am this day con- i\, I am able to do ou, with a special tthebill should not iiied, I could give me, I should have t is, you may slill too earnestly press id well understood. 3RT GOURLAY. ion, 6th May, 1825. not altered in the w unobjectionable. It of petitions dis- this by seeing that itaining letters and , and give evidence on to have written cause ; but remain tfort to write even to any point not 115 Your Petitioner was advised by learned Counsel to file a bill in Chancery, for specific performance of an agreement for a lease signed clearly comprehended. I can stand the severest scrutiny, challenge all question, and shall be most proud of opportunity to substantiate every assertion. Were the petition presented and ordered to be printed this day, a motion would, some day alter, be better listened to, when Members had each had leisure of perusing it at home. I have the honour to be, Sir, Your obedient servant, J. Stuart Wortley, Es,. ROBERT GOURLAY. ' ' I have presented your petition to the House, and have moved that it may "^Wear of any mistake upon your part, I must beg leave to say, that I have no intention yvhatever of making a motion founded upon your petition. I am. Sir, Your very humble servant, Robert Gourlny. Es,. J- STUART WORTLEY. Sir, House of Correction, 7th May, 1825. I thank you for presenting ray petition, and getting it printed. You would farther oblige me, bj causing a printed copy to be sent me from the Yotf-°ffice. However much I should have been gratified with your moving on the subject. I had no claim upon you fordoing so; and, having now done my utmost, shall trust the rest to God-declaring that nothing shall induce me to compromise what appears a pltof honour-that I should rather perish in the house of bondage, than go hence Sn terms which would countenance hypocrisy and falsehood: - , -,!« ^ ^^^^^ '»^"^! of 39 and 40 of George IIL chap. 94, without a witness against its dangerous ten dency, and, in my case, glaringly w-ng^pl ideation. ^ ^^ ^^^ ^^ J. Stuart WortUy, Es,. I^OB^RT GOURLAY. Mr. Gourlay presents respectful compliments to the Lord President of the Court of Session. Mr. G. being placed in cruel circumstances, put undercover to the Lord President f petition to^he Right Honourable the Lords of Council and Session, the 9th instant, and had the same despatched that day by post—He had bex:n se yed with apr n ed petition of Thomas Henderson, on the 20th ultimo ; wh.di, from is odious nature, he hoped might be withdrawn without formal opposition. He cannot suppose the Court will proceed to give any directions, hurriedly, upon mere allegations ; and his sole object, at present it to request that the Lord President will cause an acknow- ledgeraent^o be sent him of the receipt of the petition, /°g«»h" with an intimation whether it is necessary for him to appoint an agent in place of Mr. Clark, who has declared himself agent solely for Mr. Henderson. House of Correction, Cold-bath-Jields, London, May 17th, 182,i.. Edinburgh, May SOth, 1825. The Lord President acknowledges the receipt of Mr. Gourlay's letter of the nth -also of his former one, enclosing a petition to the Court of Session. But, as it was impossible for his Lordship to present to the Court a Pet"°"' f-^^ to him. in that irtiegular and private manner, his Lordship, as he does m all such Hi ■ i p 1 )' !! . ' !' il ; :* ■ ■! ■ \[ ^ D - 116 bv parties in 1809; which bill he did fde in 1012. In 1813 he ob- tained an order for a lease, the terms of which were wrongfully referred to the Master, seeing that the original agreement expressly named a referee. The agreement was so clear, and the required terms so simple, that any two intelligent farmers could have settled the whole business in half a day, yet to this hour no lease is obtained, though for that purpose able lawyers have been employed, much money expended, and infinite vexation incurred. Your I'etilioner obtained also, in 1813, an order for two issue trials, in boili of which he succeeded ; recovering by one £100 da- niayos, and by the other, £13-25, expended on buildings, besides ^aOj of costs and interest, Both verdicts were returned prior to August, 181G ; but the short order for payment was not grarited till the Olid of lliat year; and the long order was so long delayed, that, in the mean time, and solely because of this delay, your Petitioner's credit was broken down for want of the money due, which credit he has not yet been able to re-establish. In fact, delays of Chancery obliged your Peiilioner to look abroad for an asylum to his family.— When abrond, his wife was frightened out of possession of the farm, con- tended for by a cruel and unnecessary distraint : the occupation, then worth £3000, was given away for nothing: the stock was va- lued over at half its worth; and that half put into bond for security of the sub-tenant, while your Petitioner was left without a penny iu the world, save what he could raise by the sale of his household fur- niture, to meet an appeal from the judgement of the Master of the Rolls to the Chancellor. This appeal was settled in your Petitioner's favour, in January, 1824: but the Lord Chancellor denied him costs of suit during six years of opposition to this most vexatious appeal, merely because lie pleaded his own cause, and used words misunder- stood by his Lordship, though the Master of the Rolls had previously declared from the bench, when giving judgement in this cause, that " the Court of Chanccri/ did not take cognizance of language." That the misfortunes brought upon your Petitioner and his family, by Chancery delays, would require volumes to describe, but may be sufficiently conceived by this fact, that an abode in prison has become cases, returned the letter and petition to tlie post-oflice, in order to recover back the postage. If Mr. Gourlay has any petition to present to tlie Court, it must be given in to llie Clerks of Court, and put into the Lords' boxes, according to established form. And Mr. Gourlay should appoint an agent to conduct bis concern in a formal manner. Mr. Gourlay lias this day received tlie Lord President's note of 20lh instant ; and loses no time in tliankini; His Lordship for tho condescension. Mr. G. left the postage of the packet containing the petition unpaid, that it might more surely be delivered. lie wrote in the last extremity, hoping that the odious printed petition ni'iglit be withdrawn ; and as a proof tliat the insinuations of that petition, as to insiinity, were groundless,— He will immediately write to a professional agent to look after business before the Court : — trusts that no undue advantage will be allowed ; and prays to God that the provision for his children may not be wasted with unne- cessary litigation. House of Correction, Cold-hath-Jield.<, London, May !23rf, 18'25. 117 1813 he ob- e wrongfully lent expressly the required I have sellled ie is obtained, ployefl, much for two issue one £100 da- Jings, besides rned prior to ot gruhted till ielayed, that, iir Petitioner's 1 credit he has incery obliged imily.— When I he farm, con- e occupation, stock was va- d for security lut a penny iu lousehold fur- Master of the ur Petitioner's nied him costs atious appeal, irds misunder- liad previously lis cause, that iguage." ind his family, le, but may be an has become ) recover back "Aw. be given in to the islieci I'orm. And ormal manner. 20lli instant; and aid, that it might the odious printed IS of that petition, afessional agent to e will be allowed ; wasted with unne- beneficial to him, inasmuch as its retirement, (juiet, and security, alford the only remaining chance of retrieving his afiairs, while he Is palsied with poverty and driven to the wall by persecution. That, from the suit in question, many other causes of suit have arisen, which, were Chancery practice reformed, your Petitioner could institute, with hope of yet saving from the wreck of his for- tune, a competency for living. More than twelve months ago, he had comfort in thinking, that a commission being appointed to in- quire into Chancery delays, he might soon be able to proceed ; but this comfort is vanishing, and he has become hopeless, while execu- tion rests with judges on the bench. Your Petitioner does not wish to reflect personally on the conduct of present commissioners, seeing that no age has produced men of greater integrity in their profession ; more profound in law learning ; better skilled in practice ; and higher gifted every way than Lords Eldon and Giftbrd. He is con- , vinced that lawyers cannot see with unjaundiced eyes: he knows from divine authority, that they lay heavy burdens on other men's shoul- ders ; and he believes it cannot possibly be otherwise from the nature of things. It appears to your Petitioner, that commissioners for inquiring into Chancery delays, and reforming law practice, should be appointed from among men of common sense; — not cumbered with many things : not harassed with otherbusiness; nor weighed down uith carc< nnvitiated with bad habits, and unprejudiced ; but above all, unbiassed with self-interest. Your Petitioner has kept a most accurate record of his own experience in Chancery, from the year 1812, till the present time. In 1816, he had every material document in his cause printed, to the extent of 260 pages ; he has since paid for shorthand writers' reports of trials, pleadings, and judgements, nearly £100 ; and were the whole now published with remarks, he believes that much light would be thrown on the causes of Chancery delays, and the proceedings in general of that court. Were he en- abled to publish this, he would willingly give his time and materials for nothing ; and in the course of a month, with requisite assistance could complete the work. He therefore entreats that a new commission be forthwith ap- pointed for inquiry into Chancery delays; and as to the best means of ensuring the ends of justice and equity. He entreats that your Honourable House will furnish him with means of publishing his Chancery experience : also, that this petition, with those presented for him the 22d and 30th of March, 1825, be printed together for imme- diate and ready perusal, And he will ever pray, ROBERT GOURLAY.* * Tlie above petition was presented by Mr. John Williams, and ordered to be printed, ]\ray 31, 1825. There was a correspondence on the subject, before and after, as follows : — House of Corrcctio7i, Cnld-bat,h-fiddi, 22(i February, 1825. Sir, You may remember that twelve months ago I corresponded with you as to my experience of Chancery delays ; put into your hand the scroll of a petition ; had i)i# 1 1 118 (A. 26.) To the Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Ireland, %n Parliament assembled. THE HUMBLE PETITION OF ROBERT GOURLAY* Showetli, . „ p r, That Your Petitioner had presented to the House of Commons on the 3d day of May, 1825, a Petition, which was received, ordered • Presented by the Lord Chancellor, l3th June, 1825, having been sent to His Lordship, with the following letter :— ,. ^ , , Hmse of Correction, Cold-bath-fieldt, June 11, 182d. My Lord.^^^ ^^^^^^^^ ^^^ ^^ ^^ ^^^ ^^^^ ^^ ^^^^^ ^^^ p^jj j ^„„th vou refused to present, probably from misconceiving the spirit m which it was writ- £ ; and I sh^l only add, that, had you been my father. I should have acted as ^ Itccompany this with a Petition regarding Canada, which I wish your Lordship to neruse and present. It might be of vast consequence to the nation were I heard Ind' examined Mediately an'the subject of Canadian affairs jjo-^ l^^^^P "n Uiink seriously of t.is, I shall explain, "'l;,-;^— ^.^toSrsavr''^' The Right Hon. The Earl o/E/don, ROBERT GOURLAY. an appointment to meet, but going to the country missed this I am glad t( observe" from newspapers, that you still keep inquiry in view ; and have to say, that Tfrnv case can, in any way, assist, you may call upon me to explain and uphold .t as on7of the rn^st flagrant ^lescription. In tendering this as a mere remembrancer, it remains for me only to subscribe, ^^^^ ^^^^.^^^ ^^^^^^^^ John William. Es,. M. P. ROBERT GOURLAY. Houte of Commons. ,, *■ ■ ' The enclosed (the above) has been returned to me to day. I acknowledge it was wrong not to pay the postage ; but I do so "-nedmes, NJ^secure delivery. r I „7„- V ""' ROBERT GOURLAY. John William,, Etq. ^^^^^ ^^ Correction, February i6th, 1825. Sir, Received March 8, 1825. Your letter was returned in consequence of general directions given by me-of course without my knowledge of from whom it came, or that such a letter had come by the post at all. id Temporal Ireland, in URLAY* Commons on ived, ordered been sent to His 1, Cold-hath-jitldt, , 1823. Petition : another ^hich it was writ- ild have acted as ih your Lordship ion were I heard rour Lordship can her trouble. servant, RT GOURLAY. I am glad to 1 have to say, that n and uphold it as I remembrancer, it ant, RT GOURLAY. ky. I acknowledge lire delivery. RT GOURLAY. imary i6th, 1825. ed March 8, 1825. iirections given by t such a letter had 119 to be printed, and from which the following is an extract, (see A. 23, the whole of which was here taken in) : I am on the circuit, and have been for some time ; but if I my motion, and can make your case available, I shall not forget your communication. I am, Your obedient servant, J. WILLIAMS. Home of Correction, Cold-bath-Jields, April nth, 1825. Sir, Your latter written on the circuit reached me in course ; and I have since had two petitions presented to the House of Commons, /elating to the Court of Chancery, and laid on the table March 22d and 30th, which I should be glad if yoa *°Inow^ trouble you with a petition on another, bat also very important, subject; and should be obliged by your offering it to the House, merely that it may be printed for information to committees on prison discipline. I have the honour to be Your obedient servant, John Williams, Esq. I^OBERT GOURLAY. House of Correction, April i9th, 1825. Mr Gourlay presents compliments to Mr. Williams, desired a friend to wait on Mr W., which he did last Saturday, with a letter dated 14th Instant and petition.— Hai this day been informed that Mr. Williams was not then at home ; but had arrived yesterday ftom the country. Mr. G. would now be gratified with two lines from Mr. W.-saying if he has read the petition, if he will present it, or if any part requires alteration. House of Correction, Cold-hath-Jields, April 26tft, 1825. Sir, I am glad to observe, from newspapers of this day, that you have pre- sented my petition (A 21): but the report does not say whether it was ordered to be Sted, which was the chief object of its prayer. If not, pe.haps you could yet move b the printing ; and when printed, it would be extremely obliging if you would cause a coDV Ke forwarded to me : when free, I used to have such, by personal apphca- tion?at the Vote-office in ihe lobby. I thank you for noticing that there was no mten- t on to asDcrse the conduct of the magistrates or governor. I amuse myself here by makilg experiments I living ; and those detailed in the letters thrust into the petition Te I c"nS! valuable and well worthy of record, for the consideration of commit- ■ tees on ^iso>* di.dpUne V&c>: ^^ ^^^^.^^^ ^^^^^^^^ , , „,.„. I. ROBERT GOURLAY. John Willtams, Esq. House of Correction, May I6th, 1825. ^"' I have to thank you for presenting my petition on the subject of prison ''sting' i? reiS rnS^pVpS'that Sir John Newport had given notice of yo. imeut on to present a petition complaining of delays in Chancery on the If'^ Jn^'*^*. mav I a k it^ vou would, on the same day, present one from me relating to this, pro- ved it w u'nob;ectionable ? I meant t'o hW offered you th.« so- independent of the motion, and have the petiUon in scroll. Two hues m course of post, replying to this, will oblige. Sir, ^^^^^„t, _ ,. w;r V ROBERT GOURLAY. John Willtams, Esq. ill: 'ill •i ! 1-20 That while the above prayer of your PelHiouer was ilisreKardtd, the Canada Rill was passed : also, a Bill ol" the same kind relaliug to lands in Van Diemau's Land. Lincoln'i luu.. Sir, I cun tmve no obJL'ctlon to prosenl a lu-lition lo \\w House respecting tin Court of Chancery, if I think' it would .st-rve llie cause ; but otherwise, in the exeicw of my discretion, 1 may dechnc it. Jf yon state the h-nglii ol time and tiie nioifij spent, witliont attacking any body or tiie Court, it would be most likely to meet my idea. Observe, 1 do not undertake ub8olut(;ly. Yours, cS. 12, to speed poor labourers in their suits ; and then remarked, "that the words '■ by discretion of the Chancellor" made it mere matter of fayourwhether a poor person could proceed. A year afterwards I corresponded o« the «"^ect with the Chancellor and his secretaries, seriously intending to !,>;,« '"/7„'"^P""'''"f„:i then found that the thing rested not with the discretion of 'fe Chancellor only, but with that of other judges, barristers, and attorneys; in short, that there was no absolute right and pJoiectin for the poor. At this hour I am puzzled and restrained from •!•'■ i i 1 t , 1 j ; I' ■h^Ih^^^ - mi ^ "* ■ '^■'' -;-^ 1*22 ,o be Leanl ;a ti.e Bar. or la-forc ;. CommiUce of 3""^ •r"[,'|''';„»;;; House, upon ll.c subject before these UiUs ure imssed bN vour Lordshipti. Aud Ite will evor pray, ROBERT (iOURLAY. (A. 27.) To .. J .^ ^^.„ ,,^,^ i„ , before your' t'or.rabl: House entLo ''« f 'Ji'^./^-f 'JJ Terlain cases, the Payment of iVages out of the Poor '^ lip ««« .tands recorded in a series of Pet.l.ons, X^lTor years nrinted bv vour Honourable House during the last lour years. ' T u hisCeatment as a pauper, in the parish o Wdy may b read nd dale 27th June. S«23 ; and he has ""-»« 7" [;»;.; ' if- tr..-.»in<.nt in the House of Correction, Cold Bath l-ieltls, Sotu. b -1 prt for upwards of eleven months.--As anauDe thoui'h able and willing to work, he was allowed o earn Lrtre'eshU in-s a week, and could not, out of his pay. do more £ £> hi 'elf in existence.-As a prisoner, «"d on felons l^owance he can have not only better lodging and clothes than t1^ rneraU^^^^ of labourers in Wiltshire, but does now acually save ou of his portion of food, fourpence a day. Your Pet. .oner Sates and CO ilrasts these facts, as the strongest proof of the drea^l- ?it evU of the poor-law system. He does not wish .t supposed that the felon's allowance's too good, or abundant ; on the co.i- ary he is assured, that, to those who are kept to hard labour, it sbai'elv sufficient. But he wishes strongly to engage attention to consequences ; and to make this record while t is yet remembered, trU? the King's speech, at the opening of the present Session of „i,.iou to you, and mean time you may, at '-"-'^•-\t£nrSt. EGBERT GOURLAY. John Williams, hsq. Presented June 16, 182S. by Mr. Stuart VVottley. and ordered to be nrin ted. >A te\ hf> nrinted. 1-23 Piirlhrneiit it was asserted, that " there never was a period in the ^XTthis country, when all th, great lnta.stso,tf.naiu^ Trr at the H'nne time in so thriving a condition. Your 1 .'U- ..cr assc s a . chullengos contradiction, that, in the a«r,c«ltura icts of Enghvnd. the condition of the h.bourmg ,.oor was a rbwest ebh^ at he very time when the above words were t.rst 1 .shed and hat during the whole of the lant wu.ter. there were, n the U it d Kingdom, two millions of people worse nrov.ded for ban the felons of the House of Correction, Cold-balb-fields Your Petitioner's opinion, after more than twenty years of reflection on^hrsul 'ct\fpoo'r-laws and poor-rates. --"-^^^^"^P \- >- - aKO, as to the means of doing these away. In '^^'J ;/".-;• '^ submitted to the consideration of the Secretary o Sate io. he Ho.rDenaVtnent. a scroll Petition, then proposed to be presented 7 e So'usrof Commons, from which the ^f^^^^^;^^^, "That vour Petitioner is now convuiced, that your Honourahk " House cannot, by any Bill drawn up in the ordmary way. either w h " "e mere kn wledge of individuals, or that slreng hened in a lar- .. In "aarv Committee, proceed to any ^•«««;^;'^^»"^«t I af i he .. for the reform of the poor-law system: that that system has ... the •. a,,se of t me? become complicated in the extreme ; hat the esta- .. tement of 'error, the growth of bad habits the ."veteracy of c s- .. toms and prejudices, the s o.h and -;^---„^;jbu; towards ;: ^Srbe'rdrwithrtr 1 Ib'rp^rof Government, a.id in a way years, ue reuuccu Petitioner is convmced. that, to " it would be necessary to have a ^o'^'"'"'''""'.,';' ration —That " invested with sufficient powers for inquiry and F^PJ.'j'J'S" ' ... ^ "^ « a Board, consisting of a competent ""-^f/ J^^^^ /^J^^^^S^ " zealous. 'and upright men. d^voUng to h^s bus^^^^^^^ " time and undivided attention, might, •« th^ «°m ^ « ^^ .. by collecting and arranging ^^''\f^^^'^^ J "n of rkorm. M i ! I i t ' IP^ 1 1 1 I i I 124 «' before the U'liuinatioii of llie present Session, or at farthest iii llie " course of a year. . . , ^ „, ii...» " That your Petitioner could show iii the clearest manner, tiui " while the poor-law system most urgently requires correction, tlvere " are circumstances which would render such correction peculiarly " advantsjseous and of easy accomplishment at the present time. That a year after submitting the above to the Secretery ot Stale, vcur Petitioner offered to communicate to him a specihc plan tor the reform of poor-laws ; and aftor the lapse of another year, re- mains steady to his opinions and willing to communicate as soon as fair opportunity is afforded. He now therefore entreats that the Bill before your Honourable House may belaid aside-That a Board maybe appointed for the reform of the poor-law system-That his pnn^ed Petitions on his subject may be brought up for consideration. d himself called to tiie bar of your Honourable House, or before any Committee, Com- mission, or Board, to substantiate what he has said on this most vital and important question : he further entreats that this Petition may be printed. And he will ever pray, ROBERT GOURLAY. CORRESPONDENCE RELATING TO THE ABOVE. Mr. Gourlav presents coraplimeuts to Mr. Mon'^k. Seeing that Mr. M.'s Bill rela- ting to labourers' wages is ordered to be committed, takes tlie liberty of asking lor a copy of the Bill, on which he may have to make some observations. Home of Correction, Cold-buth-Jieldii, June 3d, 1825. House of Coirtction, June 6th, 1825. "' Being particularly desirous of seeiug your Bill relating to labourers' wages, I despatched a note to the House of Commons requesting the favour of a copv : but suspecting that ray note may not have reached you, shall cause this to be de ivered at vour house. Could you grant the favour immediately, the bearer will fetch the Bill, or I shall be happy to receive it by the two-penny post. The question you have started is a most important one and should command utmost attention. Its public nature will find excuse, I hope, (or this liberty. I am, &c. J. B. Monck, Es,. M. P. ROBERI GOURLAY. House of Correction, Cold-bath-Jields, gj^^ June 9th, 1825. Your Bill, which reached me yesterday, had instant and serious consi- deration. The practice of paying the wages of labourers out of poor-rates is every way injurious. Your aim is highly commendable. It cannot, however, be made good by mere legal enactment, and I have written out a Petition in opposition to the BiH. At first I thought of asking you to present this, but considering that a father might not like to strangle his own child, sent it to the care of Mr. Stuart Wortley. 1 shall herewith send you a copy j and if a committee sits on the subject, shall be happy to be called and questioned on every branch of the poor-law system. Thanking you for attention in sending the Bill, I am. Sir, Your obedient servant, John B. Monck, Esq. M. P. ROBERT GOURLAY. Mr. Monck withdrew his Bill the iith June, but gave notice thct ,te would bring for- ward another Bill, on the same subject, curly in the next session of parliament. I i :il 125 rlhcst ill llie iiHnner, Ihal ection, there >ii peculiarly nt time" ?ry of Stale, ific plan for ler year, re- e as soon as Honourable in ted for the lions on this self called to iniiltee, Corn- on this most this Petition GOURLAY. IVE. . M.'s Bill rcla- if of asking lor a , June 6th, 1825. I labourers' wages, ir of a copy : but lis to be delivered arer wilt fetch the question you have ntion. Its public Rl GOURLAY. m, Cold-bath-Jields, h, 1825. and serious consi- poor-rates is every ver, be made good osition to the Bill, hat a father might Wortley. 1 shall shall be happy to Thanking you for nt, ;RT GOURLAY. ue would hriitg for- lament. (A. 28.) To the Honourable the Commons, 5^c. THE PETITION OF ROBERT GOURLAY Humbly showeth, That the improvement of the metropolis is a naliiJiial coiiceru, and a becoming study for any individual. House of Correction, Cold-bath-jieldi, June 9th, 1825. Sir, When I applied to you to present for me a Petition to parliament, praying to be heard as to the lamentable predicament in which I am placed, I did so after taking the best advice, and being assured that you were the most likely person to ad- vocate my cause sincerely and firmly. Although you did nothing more than present ihat Petition, I have yet heard of no member from whom I could expect better sup- uort, and it is truly grievous that I must rest here without the prospect of a fair hear- ing; while the act, too, under colour of which I have been committed, should call forth no attention. There is, I believe, some strange misunderstanding on the subject, and a most inveterate prejudice against me. That I entertain none towards you, and, as a proof of confidence in your honour, I now ask you to present tiie Petition which accompanies this, and move for its being printed. I have long had it in contemplation to draw up such a Petition— the last on the subject of the poor-laws which [ mean to offer. I only waited for an opportunity now afforded by Mr. Moflck's Bill. I have not a doubt but you will excuse this liberty, and if you can procure me a hearing on the subject of poor-laws, to which I have devoted more attention than any other individual, I shall be especially thankful. Your obedient servant, John Stuart Wortley, Esq. M. P. ROBERT GOURLAY. Mr. Gourlay presents compliments to Mr. Stuart Wcrtley.— Mr. G. despatched to Mr S. W. two days ago, a letter begging to have an accompanying Petition presented to the House of Commons, without thinking that Mr. 3. W. might be out of town or desiring to be informed if and when he would present the Petition. Being anxious on these points, now requests the favour of two lines per the bearer, or, if more convenient, by the two-penny post. Himse of Gorrection, Cold-bath-fields, June nth, 1825. House of Commons, June iSth, 1825. Sir, Uiwn my return from Paris, I found your letter of the 9th June, enclo- sing a Petition to tho House of Commons, upon the subject of Mr. Monck's Bill for the payment of labourers' wages. . „ • • Although that Bill has been now withdrawn, I have, as the Petition contains matter of a general nature, presented it to the House, and moved that it shall be printed. I am, Sir, Your very humble servant, Robert Gourlay, Esq. J- STUART WORTLEY. Houte of Correction, Cold-bath-fieldt, June i9th, 1825. * I am glad you have presented my Petition, and you will favour me still more by ordering a copy to be sent me when printed. .... I cannot suppose the session will pass away without further attention to the most important of all questions— that of the poor-law*. My expectation was, that Lord John Russel, who had the committee of last year appointed, would agam move, llie in- l-t 120 Thai vour Petitioner having been detained in LonJon llie greater part f four jeals »a.el"ng ^..-^pyof. »"<' -Wf ^n beS Inenl respeetfng hi, n.al-lreatment.n Upper C-dj.°n™ which woul.l be betler located in tje country- he clea^^^^^^^^^ ba7h tkl he»a, 8tr ck v.iU> the vast advantage »hich m,gblaeeru. luTne Ud beneath Fleet-market and Bridge-street erecting a br.dge SS?:^r.s^nr^s^^^^^^^^ llrslaughter houses and dep6t for various articles of most common "That^o"uTpetitioner. after much reflection on thU -Uj^^^^^ - nounced Ins scheme in newspapers drew plans ^^J .'""f/J.';;^' jj „ dicated these to the Lord Mayor and Aldermen, and put them mto His I ordshin's hand, to be laid before the court. "Th:tth7Lord Mayor, instead of complying «.th the request o^ your Petitioner, destroyed his plans, and for excuse said, he dtd not think the suggestion at all practicable. That \our Petitioner having now studied the mailer tor a w»oie veir is more and more convinced, not only of its prac Ucability, but va 'importance. One half of the ground to be worked upon is now roccumed with buildings, and the other half covered will, such as a e so mean and loathsome, that at any rate they ought to be pul ed Twn 'S execution would double the ground-rents, -d aftord a Ipasl ten oer cent, per annum for money expended. It wouW trie tiie ci y" rom great annoyances in the conveyance to and from marke of live and dfad stock.^ It would contribute greatly to cleanluie and health. It would afi^ord much comfort and convenience. It . c .j.of nnmmhtPP was verv limited but interesting, and I understand cjuiry and report of ^''''' ~'"''J,"^;"/ "^^^^ of the kingdom have since be... ob- that answers »° |£?;S)Ternmer^^^^^^^^^^ much trouble, it would greatly ta.ned ""^ published by government were ^^^^^^ ^ purchased, as f ''fuK rtr~e7ap7eaTtll Se a comiittee. if called upon. It is the I would wish to Pfepaf^ J" nrosoeritv of trade may work deliverance from the evil of rrtlrbut' thrwiir; o^rfaSlcLus if le^ft to Itself = though consequence, mU? 1 e rpVy. -ere this co'njoined with sound legislative measures, and correct re- ^ufatLs firm^executed. I have the honour - l^e. Sjj^.^^^ ^^^^^^^^ MnStu.rtW.mUy.E.,. ROBERT GOURLAY P S I shall use the freedom to accompany this with the Petition fo^m"'/ «''«'^ vouV Henderson" ). but of which I had not then a spare copy, as a remembrance of Tsa^d cJlJ^TuLce from a forced application of U.e statute 39 and 40 George III- cap. 94. , n the {greater ting Govern- ftcii beguiled improvement c institutions, ansing, Hght- 3ts — tlirowing y of pieasure- ection, Cold- I might accrue arth-west, he- nce to Hicks's I and rail-way he same being cling a bridge ing, adjoining h, vegetables, most commou s subject, au- ilustration, de- put them into the request of said, he " did ter for a whole icticability, but ed upon is now ;d with such as rht to be pulled s, and afford at It wouW free ind from market y to cleanliness onvenience. It ig, and I understand have since been ob- ble, it would greatly not be purchased, as lied upon. It is the ance from the evil of hough consequences iures, and correct re- servant, 3ERT GOURLAY. ;ition formerly shown as a remembrance of and 4.0 George III- 127 would admit of a high degree of ornament, and altogether would stu- ls8 whatever has been done or proposed for render.ng London worthy nfthe.^mpire. Your Petitioner confidently makes these assertions, "n opposition to the opinion of the late Lord Mayor, and be.ng now confined on pretence of insanity, is willing to stake every chance of e^aining liberty and reputation on the issue ot fair investigation ; wiling to submit to the decision of three reputable surveyors and ar- chitects, who may examine and report in a couple ot days. Your Petitioner is extremely sorry, that being unable to procure a capital map of London like to that destroyed by the Lord Mayor on wliich his first plan was drawn, he cannot suftic.ently illustrate h s Seme; but annexes hereto a sketch as perfect as Ui.s shee of vel- um, and his present means otherwise wdl admit. To the sla«ghter- l-^u es he would call especial notice, as at once novel in const^^t'"" nd singularly commodious: and with suihcienl opportunity of com- Iting Uie whole for exhibition, will challenge the world to produce U thing of the kind equally useful and ornamental. Your Petitioner having lately heard that application is to be made to Parliament for liberty to execute improvements on part ot the same Imid o an nferior kind, and by no means commensurate with the andeur ot- ?he British capital, hastens to lay these sta ements before S Honourable House. His opinion is, t^hat "« Pf V^^ P>?» f f " r fo, Mhe improvement of London should be adopted. He thinks ha the whole city and environs should be surveyed, a genera Ischemp oflurovement nfaturely digested, and the execution committed to a DubUcboaT^lHch might extend its views forward through many ]tll, overiook «-.- 'i i" "• „ Ronald has left town; and knowing him to present the Petition this evening House of Correction, Cold-bath-Jields, June 30. 1825. -StL^rj;,r^s»r™tr^^^^^^^^^^^^^^^ arrived :i. id Temporal, md Ireland, OURLAY isented to the following are t delay, send you r G013RLAY. June 30, 1825. House of Couiraoin e. ^ou should be libe- rvices of mine shall a have sent to me, s this da V. I should &c. :. FERGUSON. t, June 30, 1825. previously sent my ic will present it this t which accorapanies • parish of Langfotd, ;ing short I hope it lious to be liberated RT GOURLAY. R. Ferguson, asking a reply, is afraid Sir ,t his post, now begs g Petition, which has arishes of Stapleford, 1-29 " Thai, justice should cost nothing, and would not under per- " fectly good government. Wishford, and Newton, in Wiltshire, presented by Mr. Hume, some days after this.) "rice Mr. G. despatched a packet to Mr. Hume this morning. Iloust of Correction, Cold-bathfields, 30th June. . Mr. G. would be glad if tlie Petition was printed. Sir, BryanstoHc-square, June 30, 1825. ^mmr:urrcut^ill'^^^^^^^^^^ to leave »°XmkXtThe subject of your Petition can at the present time be taken i„i'cl"SdeS.'':U'rat'^5Ltful whether it is proper to be presented to the "TrhoIlSTuppo" that the Common Council would be a better means of having your plan fairly considered. .^^^ ^p^,^„,^ ^ , ^ JOSEPH HUME. Mr. Robert Gourlay. 6, Bryanstone Square, July 2, 1825. opportunity of presenting it on Tuesday next. Mr Gourlay begs that the Earl of Eldon will have the goodness to peruse and pre- sent tiie accompanying Petition to the House of Lords. House of Correction, Cold-hath-fields, July 1st, 1825. ^"' 1 am desired by the Lord Chancellor to return the inclosed Petition, his Lordship consfd'r^g it not'to be proper for^h^m^o present it to the House. •""• Your most obedient servan^t^^^^^^ Sergrant's Inn, July 4, 1825. _____ House of Correction, Cold-bath-fieldi, July 2d, 1825. that it will not be in his power to do tl» . bemg about to e ^^^ a doubt whether it is proper to be P^"^"*^^;„f^KnTSncern. should still be glaci iniproper in it ; and as the subject »/5»' ^ ""JJ^^ ^^^"S g^a r' leisure, to draw%ut if the Petition was put on record. My n ention is, witn g ^^^ a more perfect sketch for submission to th° P^^'^^J-^'^^ cou7d point out how very Magistrates of Middlesex J«- ^^'J, "^i^tiraVproach ^^ city, and othef- natural and easy it would be to form tie nortn ^esi app altogether. gations. I am, Sir, ^*'" ROBERT GOURLAY J. Stuart Wortley, Esq, I s 111 !■' m^ (< <( <• <( it << (C (< <( << <( << << (( (< <( <( « l.'JO Thai '«s it now slaiuls even a successful liligant has to pay dear ten thousand pounds by the concern. pxhausted with •' Thit seventeen months Hgo, findnig hinisclt exhausiea wi » Chlnce^v debvs, in exlieme jeopardy, and property withheld of stamp ^«» |«- f' J'' b t then d scovered that he was not only dUcretbn of other Judges. Barristers, and Attorneys. In shot, £ the"e was no absolute security for a person wislung to sue mL a law o in equity, when deprived of property. Nay. more. House of Correction, CoId-bath-Jields, July Qth, 1825. ing that his Lordship thought it was not. i^nroDrietv consists, and would wish, by \. Gouriay '^J.j^^-Xl'PeTi 1 to^'a^lSe\u'oa t"he saine subject, which he ::^l:[;S if glh^arSn^in^at satne ti.ne, better drawn plans. Mr. Gouriay presents cornph-nenu to Mr- Stuart Wort.ey^ stant. with a Petition handed jn at "^ ^ouse .n ^ufn trec^ .^^^^ patched a note of inquiry on the subject to Yojksh.re^ in ^^ft.^^^ .^ Mr. G. suspects some accident or mistake, and wouia dc giau y explanation. . /- u Jfoiwe of Correction, Cold-hath-Jiclds, Jt/Iy irtft, 1825. Sir, i A.. into London. ifr. Robert G«(v/nj/. r — ■ — ' Curzon-street, July 1 6th, 1825. I beg to return to you your Petition and plan for the north-west entrance I am, Sir, Your Terv humble servant, _,„__. _., J. STUAlir VVORTLE^ . 1i i^ 8/,,. i.iJ H ■ to pay fl< ar tiquish right le Court Oi" ended for is onsequences s, by delays , but is now by the very le went into i in equity: I for specific ained for the 1 a beneticiiil ket, at least, lausted with rty withheld desirous of I tlie payment when the act was not only ording to the usage, on the ^s. In short, vishing to sue Nay, more, t, Cold-bath-fields, h, 1825. itli a Petition re- pposes Mr. S. W. ket was received. ;ion was proper to or's secretary, say- id would wish, by subject, which lie rote to liim 2d in- , on the 8th, des- case having reply, couple of lines in ;t,J«It/16(/«,1825. ortb-west entrance LllT WORTLEY- 131 « ^our Petitioner is now in prison, and cannot obtain a writ of .' habeas corpus to go before a judge for advice without payment ot «' thirty shillings, which he cannot at present attord. ''That your Petitioner has long and seriously roflecled on tins - subject He has looked back to the brst slalule ot labourers. .. nai ed by Edward III., and that which amended the same : slu- " Jutt's whicii record the most hypocritical, baretaced. ant flagitious .. conspiracy ot the rich against Ihe poor. He has read the history " of S though past ages, and studied his ways "P « M--^^^^^^ " hour in great variety of personal experience ; all oi which has exi i- .' bited misery as the result of seltishuess, and selfishness as the " H7J^^;ilS:ris fully convinced that there is no necessary '« barrk" in the way of truth and justice; that there need be no « warfare between tjlie rich and the poor; but that the interests of " all may be balanced for the common good. "After havin" had more than twenty Petitions presented to Par- .' liamen nd received, not one of which has been seriously e.iter- " aTied your Petitioner has little hope of a hearing especially at .. this adv^^^ed period of the session; but trusts that the dawn of - ellect a.d the spread of liberality may, by and by, mtrodnce a better age, when antipathies will be extingui.hed-when knidly sympathie will have place between the rich and the poor-wien .10 one imlividual will be dependent on the caprice of another, and «;lipn Justice may be obtained tree of cost. "^He Therdo;;! entreats that this ^^'f » -/ IP^ll He": remembrancer, and that as soon as may '^^; ^''y;;^"^/,^^"^ Vll. cap. 12, being ' a mean to speed poor labourers in ineii ' MiUv ' be considered and amended." . YouJ Peliliorr ".ore ami more cor.vinced of Ibe great .raportance „f,?rrhol^ loses no lime i.-. aubmillins U to your Lordships Hoise. ^nr'oltnos" earnestly entreats that the subject may have i„.ediat. a„d s.tious atteut.o,^ ^^^ ^ .^^ ^^^^ ^ ROBERT GOURLAY. << (I Mr Gourlay begs of the Lord Chancellor tt, peruse and present the accompanying Petition (first copy of the above) to the I^rds. JE/ou*e afConeciwn, July 4, 182.5. House of Correction, Cold-hath-fields, July Ml, 1825. Sir, J Jot,. Tun,. 10 that I would submit to you, after I intimated to you, under da e J"ny ^0' «^^^J. . j^ evocations have ight days, a Petition as to pleading '">""« '^C'whch 1 hope is unobjec prevented attending to this till "T'. "''^"^.^^ .SnTand^ printed to-morrow. l^s^vr^diSi^^r^^'cf^^irirrKSofthL^^^^^^^ six or e prevented morrow morning. .Mb Williams, Ew. 3f. P. ' """ko'BF.RT GOURLAY. t-i I i 1 1 1 WKM t ll iinq N., iUI i, 132 Sir, I am. bir, Your obedient servant, R. SIMPSON, Clerk to Mr. Williams. Lincoln's Inn, July 6th. 1825. House of Correction, Cold-bath-jields, July 8th, 1825. most proper to be considered by the Lord Cl.ancellor. House of Correction, Cold-bath-jields, July nth, 1825. YoKip -ill p.nlo„ „,, »„,i„g ,0 you of. f J'iffta.:^ i" Jl'SS Rented, and. on tbe ?>'V~'''^g;j'«^j5^,':J'jio"S^^^^ not ^lious consideration cannot exist. Two lines in reply will sai.sfy , My Lord, ' Your Lordship's obedient servant, . The msht Hon. The Earl ofEldon. ROBERT GOURLAY. NOT REPLIED TO. House of Correction, Cold-bath-JieUis, 9th August 182.: vl'r'clerk wrote to nw, July 6th. that vou .vould have no objection to present my j:jz^i have ^^«Fj;;j^™s;r^c'^;^^^^ rttv^peSL'^nt^er/sd'^rn'rsSh'SaTc", sS.ld^e\rinted. fhis was not IrantS^ ^nd Ishor^ be glad to know if you had an, reason for not "rgmRtlje re- granted, a"" !^;"" «• J, X j,|,ould be allowed means to publish my own Chan- Tv ;xptSce aTeid^ pr nted to the extent of 260 pages. According to newspaper io do 10, as it grants «»84it»nce to maay thu>g= aoi v,5.j ■--. i and Petition t the Petition lu good at tiic »ions. •. Williams. ''.old-bath-jields, a pacltet con- ;sent tlie same, jsing ami pre- iig it liis Lord- important, and Cold-bath-fields, 1826. Imt on tliis diiy despatclied lot c niifjlit be pre- r this before the , which was not iession. I now it on ihe meet- er House, wlio your Lordship's rvant, . T GOURIJLY. 9th August 1825. )n to present my idering I hat you i;iiancery-dela,s, t give you trouble -stious, wliich oc- liat petition was, d. This was not ot urging the re- ih my own Ciian- ling to newspaper not suppose such a appeared to me lougli offered you esjwrience would ray for means to rds this, it pressed rnnseo'ience. but 133 apparently with much less reason. It is possible you may know better, and I slmll be elad of frank explanation. ^ I am, Sir, Your obedient servant, ROBERT GOURLAY. John Willi'tms, Esq. CORRESPONDENCE NOT REPLIED TO. WITH MEMBERS OF PARLIAMENT ON VARIOUS SUBJECTS. Howie of Correction, Cold'bath-fixlda, eth Julv, 1825. begs two lines ni explanation troiu IMr. nunie. i.ciiiujj3 j r r ""llfG ' wiulTK gUd' rrr-H. womd favour him with the Parliamentary report onthecombi ationLs. which cannot be purchased. Some two •"""'I" *g» »;««. iiig Mr. Hume for that public service. Worthing, 3lst July, 1825. I Imve'onlv this day received a letter from you, dated the 8tfc »"'*«"'• f?""^;"^*;* know wharbecame ofthe petition from Wiltshire, which, on the 2^ of July. v^a« en- that may be about it. obedient servant, am your jqsePH HUME. Mr. Gourlay. House of Cmrectim, Cold-bathfidds, Qth August, 1825. Mv Wend Mr Bannister, who wailed upon you in April, on my account, has now. for the first t me t„,;ie th^t you expressed an opinion to him that I was '»»ne, and Lhebelerstw,3 because of this you declined advocating my cause. Permit mftosav that nothing would more oblige me than your frankly telling n»e. on what me to say, inai nouimt, """ . . .? t •„, j convince vou or others ofthe con- vou rested vour opinion. Aware ot tnis, i reij, u LouviuLt j trary. and thus rescue myself from the greatest ot misfortunes. Uyou have not destroyed the printed petition to the Lord P^«ff ^ "[./J'^t.f^^^^^^ of Ses^sion, which I gave you. and can readily lay your h""e, my Lord Bishop ol .. .C/.«ncel/or.ateocfcont;^head. f ^^^J ^ " „^,- /b,,. instant, as uttered by Chester, are -""'^ ^•^P^^'l'" / ^.a " rbyTKend, than he exclaimed, .'what ou;andwh;ch«erenosoon ra^^ ^^^^ ^^ „,^^ ^'?'' "' , '^/" ! frnperimence! -\, ^7J„^J,",t -^ is «ell to a.k, if you did utter s>al. woi 1. ? aud future occasion, lor the Pf*:'^'"' '',..•,,,„ „ civil reply. If jou did ultei them, or iVt to you the q^Sl elp c't o^nTj^ L^lp a" apol^y ; and say thi, more. others tantamount. I f «""?.*=* 7^"' y^„,,,, led are every way unwarrantable. that it is due also to the P"^";„„^,^;j* are crenel ; towards the"^ public, their levity is Towards mc. as a ^ 'T irmouih of a rSu levtrend Bishop, especially unbecoming Irom the mouth of a Kigia i ^^^^.^^^^ >^^^^^^^^ ROBERT GOURLAY. Jlu Bishop of Chester House of Correcl'mi, June 3d, 18'25. .. make assertions »» ^^^^ ^"" " '^^ "' "'r :„.eres»ed parties without due in.juiry." June 4th. 1825. nourable amends. ^ House of Correction, Cold-bathjields, 4lfc Jmie, 1825. r ™ Mr r.nnrlav who was 8 mud man. That was the » The next pet t.on was from Mn Gouriay, wjio ^^^^^^^ ^^^^ ^^^ u real situation ot Mr. GouTlay. "« "J J j , ^„„„^ „f ia,t sessions, A r. «. (Mr. Williams) to look well ° *''»;^''*fV„/VincheUea, for not presenting h.s .. Gourlay had knocked down ^^e ™«™^ ^ it would not be surprising to hear : ^^rv.^^VZ'^l:Zr.T^^^ - unsp'aring seventy :: - -J:f rf^lited-the petition, in that case h|. ^^^^^^'^ Mr. Gourlay was a strong and a tall man. nis " him but little. it Mill, 1B2j. li me uiiiil y<;s- • answer. Tlii; icft iu Luiidun, r me to give jou herel'ore decline rv.int, r WOllTLEY. , Cold-bath-Jieldt, 102'). lUor in the Couit ible Lord on tint ourlay, bear no i(i I hit you, as Lord ly Lord Bishop of lit, as uttered by iciaimed, " what speaU of it on a siali words ? and d utter tliem, or md say this more, y unwurrunlable. lie, their levity is rvant, ,RT GOURLAY. 711, June Sd, 1825. annexed duplicate je despatched, hns pproved of it, and, •» (J good man, ami. ed a lesson, not to nly, should not rc- out due infjuiry." ted in the Times of of Correction, to accepted as an ho- ;ion. Cold-bath fields, me, 1825. man. That was the honourable mover [ last sessions, Mr. not presenting his be surprising to hear I unsparing severity courage would avasl honourable friend r h fale'r" Mr. Gour.ay had no object.on to a .. 'or of Chancery which would decide quickly, however errot^cously. The above Sir i extracted from the Times newspaper of 1st instant, be.ng part of lit is^here uWea as your speech in the House of Commo.ts the precedn.g evening. A vpr V. u mav be accustomed to sport with truth and sincerity ; as a member As a lawyer, you may uc accusiomcu k ; couuc or may behalf of myself alone, but my ch.ld.cn. t J'^ 7";» " ^1^ Iwncs newspaper cn.mot be guilty Of gross and unfeeling slander. ^^^^.^^^ ^^^^^^^_ . . . ^ , EGBERT GOURLAY. The Solicitor General. " Fleet, originated in direct malice." the House of Lords, I now furnish you ^'^ Vwrmltw at s proper on your part. from the Salisbury Journal, leaving it to you to determme what proper y , 1 am, air. The Solicitor General. I am. Sir, Your obedient Servant, ROBERT GOURLAY. House of Correction, Cold-bath-Jiclds, June 11, 1825. NOT REPLIED TO. There were, in the course of the Session g^Uons presented^ the parishes of Ceres, Forgan, J'=".y-P°''XSe of T bu"y Wily. Langford, from'the Borou«h of Hind.m -^ y-;;;''^V .J^^ Of thesJ, the^'hrce IbUowing are Stapleford, Newton, and VVishford, m 7' •;'"'^,,„ „i-ro„,^,ong. specimens extracted from the Journals ot the House ol common No. 932. APetUionofthereunde.ignedinl.biU..s^rthepar^^^^ Fife was presented and read; settmg fo^Mhat »» ^ t-e^ ^^ ^j.^;^ sorrow, that Mr. Robert Gourlay. a nati.^^^ of that c^^^^^^^^ ^^^ U a period property in England by a '«"? '=°"''""^„^,, "'^".S S means for the p.ovisjon than five years, he has been deprived f on. ^"^''''^'"^ ^prived of the same, and that and well-being of his family by l";?at«°". «"^ Cod bath-fields, for a breach of pri- h. is now confined i" the House of Correction. CoWba^^^^^^^^ ,^^^ lated to bestow. ?w m 106 No. 933. heard Ihat Robert Gourlav Jute of Deptfordfa^^^^ ^J^.^^^ ^^^ . Cl,a„. of hi5 property in England ^y. ,* '""8/^^/,^ P"*?"*^ '" "" ' eery; that he has been ""^ X/ha^R^f^^ '^T^f after two honourable acquiltHl* 1'"'"-""''^ '^""P ,-,:„,,ion. and is still deprived of the of' provision for his children ^."""8 f/,/ J ;'„,'/„( B" he has often, but with. «,ie. though secured by dec. on .^f the ou^oj^ ... .^^^^ ^^.^ ^ ^^ . ^^ , outiuccess, peiuioned tl.e ^ "« "T V,"' "^,i„n, Cold-Uth-fields. without benefit o( he is now confined «i the ";"f°/,,^"/S, he House will be plcaw^d to apponi. a trial. The Petitioners. »»>«'«f°'^':"''J"„'X "'ake such inquiry into hi. case ., SSSirji: : and tr h!;:t^,^S^^n of ... prope^;^ at ho„,e and abrC, No. 934. . Two Petitions of tje }t^^x^:^^[^z::^t:^^ county of Wilts; and °^ '^\"^:'^X^ZXZ the Petitioner^, taking into c.m„. Wilts, were presented and read; ••■»*'"8 •»""'' j. , ^ ;„ ,,,„ county ot Wilts, derati'on the 'case of Robert «°";'»y' ""^^ ^021".°^^^^ for insanity, which, in the and now confined mthe ^°"»*' °^^"'7;' ° lardship and against every feeling of huma- View of the Petitioners, .s a case of great ar^^^^ g ^^^ ^,,^,^ ,,„„„„, „,. nity, and likely to cast a stain on 'f^V.' " teern The Pe itioners. therefore, pray Pe^ioners feel the highest ^^^S^^^^^oM' case, that the sa.d Rob.,. rurrayTay'STis-S. "^^^'^' -'-^' ' ^°""^ ^°"^^' j5:SS^SrrrirJ^^=»^^ iisisEd^isixiJai^s^ House of Correclion, Cold-hath-felds, October 14. 18^5. My Lord, t j u- .i,« i7iU of Julv. desiring to know if yon would ^ J addressed your Lordship, 'l'^ ^^'^ S accompanying my letter ; but present to the House of Lo"ls, .-; «^ P "^^^ , ^ ^ ,^„, ,„ p,,„,. received noreply. I''« ^'^P^^ i^rtV^flecied on. It mainmins. that justic. the petition; but now it may ^e ^^"f J^^J^f/.^M Tovn rBT.TK.NEn .3 now .m SHOULD COST ^°-"'^°' ^"^ AIN A WU^T OF habeas corpus TO OO BKF0«E * :: r;;r;o\^".::rcrwr°rt;; azi^^ .. m.... sh...-os. wurca .. " ?;:i:re«;riras''rth« oJ^a buuo call attention to theahove ,»si,^on and the^facts. Y°-^^^*^'£oSEliraOURLAy. The Right HmorabU the Earl of Eldon, Lord Chancellor, 4;c.ic. m mm !■ i tl~ Tl .1; 1'. i i : ' U ■!' fciifcJii Wily and its vici- e Petitioners Imve Ims been deprived us suit in Cliaii- perty in Cunada, | unjustly deprived till deprived of the 1US often, hut with- his case ; and that without benefit o( leased to appoint a Y into bis case ai t home and abroad, d its vicinity, in the ty, in the county of rH, talking into consi- lie county of Wilt!, isanity, which, in the ery feeling of hunia- : whose honour the iiers, therefore, pray that the said Uobtrt the Parishes oj y of Wilts, of Depl ford-farm in of Correction, Cold- and therefore entreat ly, so that he may be , they will ever pray. on, Cold-bath-felds, 14, 1825. to know if you would mying my letter ; but en have time to penise lintains, that justics ITKlNEn 19 NOW I!* IS TO OO BEFORE A ILLINOS, WUICU Hi losition and these facts, obedient servant, IBERT GOURLAY. APPENDIX. SECOND SERIES. COUllESPONDENCE UEGARDING CANADA, &c. (B. 1.) Berwick Farm, near IJindon, Wiltshire, April, 1023. ^'"' ^'""'Last year I asked you to present for me to the Hot.se of Commons, "pett^ion. stating tLt I had witnesses ^^^o^o.e S;l"tthaJdsof Mr. Brougham who exp.ssed Ins se„. the hardship of the case : a;^-ed that Ute P« »\\«' ^J^"^,, t,,,^ j.^ phfied; «"dertook to present tt; gave me rcaso ^^^.^.^^^ Uuld exert himself >" ^^ ^*»£ [,; 7E^^ ^'*''°"' "" for several .notUhs^^ and thenmg.t before ^tlte ^^ ^^^ ^^^ ZtZ Z.S^TZ some r^Z'^^'^f^'^^^'^^ which he did most grievously. _}J J^.;^""^;,! p^ "^' very different ;;r ;.;"'i 'i:s r.'L:rA::;^'mra™r a^.- ...» no. a„oS« English paupers. Petitions, which are printed Mr. Brougham presented ^JT ™^*;3„°„;i pemio". offering to bring together in the J«»"^f ^^^^^^^^Kl* to gain for it notice. If forward witnesses needed very little oratory i b j^ ^^^^ " . Sc. M,. B,ougl,.,u'. .,.«* ■„ cue Ho.» .f C.n.n,.™ ju« before ,he J.,e ot the above letter. t See A, 6, and A. 7. X lilt 138 upper Canada to Britain, -Uhat. too for vast Pg^^^^^^^^ i ever actuated -y/^t'^^r into ail and rlined-ruincd and honourably acquit ed, 1 ^as tiun„ ^hatl-for the expres- in fortune, credit, heaUh. '•7»^^*»"".- the iut reprobation of fools sion of natural feelings and truth^^^^ .^^^ g^„,„jl,, and blackguards : because, too, ot »»« "» ,^,_ slanders forged and propagated by mimst^^^^^^^^^^ ^^^ ^^ j,^^ The ignorance of people at borne rega-ra g but never subject of colonial pohcy in S^. f ^^'.^^^^/^J ;,t summer upon the had clearer display than ui /''^..f^^f^.-.^etea to that Bill in letters Canada Governrnent and Trade Bdl I olyee^^^^^^^ ^ ^^^ ^.^ to Mr. Hume, Mr. Wdmot, ^ • Brong a^^^^^ ^^ j^_ James Mackintosh; and '^'^^f J'^/^fZZXs z.ie:.iior comet- cency and common sense ^j;^"^.^,.";„Lm had no opportunity to satioi on the subject ^v.th Mr. » «"f^«^ ^^^re of my meaning, converse, a"d ^^I^S^^^S^r^t sC I aS that he did so ; .1 presented the scroll A 7).. "„ J',^'" '„^" /cnti nents accorded with 5;-ill remain as a public ^^^^""^'"y ''* ^^^t of a letter received by those of the Colonists Here is «" ^'^^'t' '^ u er Canada Parlia- „,e a few weeks ago from a Member of >- ^irp^^ ^^^^ ^^^^ ^^^^.^ ment, dated 3d November, 1822 . • » ^ consideration «ment will be called together si orty.to^t^^^^^ i ,hiuk-the uia- - the Government Bill, ^«^ »''•»'"? '^.^Jj^^'b^^ the pre- .' jorityof the Members will ^e/or "iiion, uu n . ^^^ ^^ .ientV AllthatI havespoken^o^^^^^^^ .^,,,„,„„, « such a Bill taking place. ^»« .^ ^*?„,^„„ts to a complete pro- " thing for our part of t- cW. y • '^^ ^ -^\^„Hed StatL') ports, " hibition, as our vessels cannot go no k ^^^^ " without j"-.e-e toiinage d^^^^^^^^^ „ ^111 as " same principle. ^h^^^J . ' ^^ „ ,,t inmediatdy to be sent out '« fast as possible. Acommissioi b and blow up the hum- to British'Norlh America. ^om^^'^Xn to B iJaTn : show this letter bug of that country remain nga^^^^^^^^ ^^^ ^^,. ^j, to «»^ho are named n It vi^^ ^^ ^^^^ ^^^, Secretary for the mot in particular, tor tn*^.'"/";"' i„;,.dshii> in Fife— ousted of my Colonies, that I. ^''Y''lf,i''l^jT^^^^^ ^vill >et. farm in Wilts, and 'L^l";;^^;^",^^' o e hundred thousand pounds with the patronage of Oovernmen,{,iv , lease-save ^"r..:;e 'l::^:? cSefcfinlouT soCnes, ...d need -ot ., more. Yours. &c. Lieut.-Gen. ROBERT GOURLA\. Sir Ronald Ferguson, K.L.B. M.P. Sfc. Sfc. S^c. . It wa« reported at thia lime tJ.al Lord Ball.urst wa. goh.g out. is of benevo- twice tried, ined— ruined r the expres- aliou of fools id groundless , and on Ihe e ; but never nier upon the Bill in letters nice, and Sir utrage to de- ;xt for conver- jpportunity to I uiy meaning, he did so ; it accorded with r received by :anada Parlia- hat the Parlia- consideration [ think'the uia- iuder the pre- 3st the idea of most infamous complete pro- l States') ports, ours upon the g down hill as r to be sent out low up the hum- show this letter d tei'. Mr. Wil- ecretary for the — ousted of my :ution, will yet, housand pounds ars' lease— save liver up posses- )nlv in good re- luzza, for Fite- l need not say IT GOURLA\. 139 (U. 2.) Berwick Farm, 22.e se^lon of Parliament.-Be- UeU me. with respect and -onhdence ROBERT GOURLAY. N B. I have added to the correspondence relating to Canada, a Ictfer to Mr. Wilmol, dated 3d December. 1823. To Lieut.'Gen. Sir n. Ferguson. Contents of the Packet sent to Sir Ronald Ferguson. (B. 7.) 13, Clifton-street, Finshury, \st April, 1822. Sir, 'rldSg it win be.too h,e .0 ,^ ,ou .„ po,,o„ ^^^^ liberty of acconipaujing it w.tli ""' "^.'^V"';,,, J \ pleasure, again fir,. iLure, »"uld be glad was ig that 1 had neg- : home for it, and to-day, take the glance it over at at pleasure, again on the subject at t the Petition is a 141 vital one to mo. and 1 shall not again have a chance of producing ^''whether my proposals are at all hopeful, you will be able to judge. For myself, I am very ignorant of forms. . •^ 1 have the honour to be, Joseph Hume, Esq. '" ROBERT GOURLAY. (B. 8.) Sir, I have perused the draft of the proposed Petition ; and would suggest the \.ropriety of your asking some other Me.Bber to nresent it as I presented one from you so lately, present it, as * j ^ obedient servant. A mi iftoo JOSEPH HUME. April 2(1, 1822. Scroll Petition above referred to, see, as amended (A. 6.) (B. 9.) 13, Clifton-street, Finshury, Thwsday. ^""' I called at your lodgings yesterday, to ask the favour of vour uresentiug for me the accompanying (the above) PeftioA to he'Zuse of Commons: but do not regret delay, as it may gi.e you liL to"consider the subject, should you be incline^ to oblige «e I ask vour assistance as a representative of my native coumrj , ai^a one whose conduct in Parliament 1 have uniformly admired. Could pu be atTme on Saturday. I should gladly wait upon ycu, to converse on the subject of the P'^ti"^"-^"^;,;;"'^,, „. „ r^ « ROBERT GOURLAY. Sir R. Ferguson. (B. 10.) 9th April, 1822. Sir, I was sorrv I was from home when you called on me, and ,iJJ^\Lx in town that I could not fix a day to meet ^^.as so occupied whe. m^t^^^^^^^^^ shall return to town next you I am at P}"^" !" .^'^f^^*'";'?^^^ „ou any day between twelve ""t' ^^''!nc.k ishal^H^^^^ «"d to have a and one oclock.—l shall ^^ gua lo petitjo,,, but I fear that conversation with you on thc^u^^^^^^^^^^^^ ^^> ^^ '"^f 'h 'to^be h"?ie hands of some Member intimately acquainted :;i; ai:: ad^risr^^^^^^^^ our cows, hi can be of use in pointing out such a person, it will give me pleasure. ^ " I am, on. Your humble servant, R. C. FERGUSON. 142 I i'l (B. 11.) 13, Clif ton-street, Saturday. Sir, "■■• , have received yr.oU-f.^l^yf^^^^X':^ „,,e„ Parliament meet,, f?»' '^^" pe"S„ U Soe^ not require ,erse witli vo.i mi tlie subject ol ^J «'"'""• j „„fl„e niy prayers to have again noticed. ^^ ^^^^^ ^^^ ^^^^^^^ ^^ ^g, Yours, respectfully, ^^ ^„ ROBERT GOURLAY. Lient.Gen. Sir R. Ferguson. ^^^^^ (B. 12.) 13, Clifton-street, 22rf April, 1822. Sir, - Upon further consideration, I found that it would be i^pos^ble for^2 to .aUe n., ro.u,d in^^e -^c::: .^^^ed Z ,.ait 01 you as proposed "«^=; ,.^ "^^y ' ^^^.S;" At twelve o'clock, rf i" *^:::;t I sSl c a yonouse ; and if you are then r "^5o:ri:^3|orn^M^^^ -;s:s been sent home by ^^e Legislature oi urn ^^^j^^^ the non-payment, on the pa t f ^^o we r Canada . ^^^ ^^ &c.-This is quite a bagatelle; ^ut it may give i ^^„ i^te, tended inquiry, which «''«»ld' '"J,^f ^Jj^rlen^ of B^^^ North embracing the -'-l-^^^y j^ , the^h"" would be better to let „.ission from Upper Canada musrequ re of «>em o a ^^ ^^^^ 'f!;l,rflt,S.t al'^g^a" e«pen.; ...o Ionian Waud,. .. « Saturday. instant, and ffer to con- not require my prayern vhicli could were at the ition, which )uld be glad :iOURLAY. April, 1822. it would be id be back to ?, resolved to ifelve o'clock, you are then itime you will tosh and Mr. see an inquiry by them, and II Canada has complain of iertain duties, pening for ex- lud complete, British North B better to let : presume, the do, or for the Essities of the quite sufficient leds and must for this end, lifFerent views le East Indies, seless piece of Islands. It is 14.0 iustfive years sincel went outtoNoi'lh America;and I was not long t lerc bellrc I saw clearly what was wrong-busmess and common c! ;.n!fnrmlv sacrificed to folly and favouritism. At this noment Hm a^ ure al^St I a^^ that several Imndred thousand bounds a year could be drawn into the British Treasury, by the mere ri"ht^ disposal of land hi lieu of as much paid put far esta- bl m"ntsaSd and ""necessary. In these times tins .simp^^^^^^^^ It should now be simply asked, what can he made of this or that colonv MyPeUlions have all been intended rather as matter of fo m than any th ng else. I have had little hope ot their obtaining See ^ them elves, but was sanguine that circumstance, would con consp e To cause inquiry, and that then ^vhat they panted to, St be Kriously though of.' If considering the proper tme to be rri ed n Y S one%ould afford opportunity iox a mohon being 3e forgeneralinquiry, good and well: it would make me proud Thave ml perseverlce honoured. Otherwise let .t s.mp.y be pre- sen ed and Sprinted for future reference. Decision as t, this. I ould leave* entirely to yourself and the g-jllemen jo^^^^^^^^^ well qualified to decide for the best. I have ^^^ ?^strange struggle and now unfortunately labour under a nervous ma ady, wl ch oiten totally unmans me; but, you may depend l^^^^T^Tl^Tlx^ entertainined a single mean or mischievous th°»S»^ ' ^ NIembcr Fifeshire fspionase has, by corresponding with the county Vlember I: erlaine/aiwfy '' motilnsr fo^^^ ^^ ^^^^Z.^^ found none which I shall not be very happy to lave pro^ "ned aloud I accompany this with two printed Petitions which I wS to remain with you, but which 1 i-^veitently carried cff: also, ■.circular, of which you would receive a <;«Py ^°«".f ^"^^ j^"*^,; hi.t which no doubt, has been long since thrown aside, y'dymir SiTe'plU you might again glance over the statement .^^.\^ .t contains. I »>ave the honour to be. Yours, &c. ^. „ ^ ROBERT GOURLAY. Sir R. Ferguson. "^ (B. 13.) Sir, The Petition, &c. are in Mr. Brougham's possession, and if vou willlake the trouble to call on Saturday, the day originally aS"n, I have no doubt I shall have his opinion on the subject of xour Petition. In ha^te-I am, you^rs, ^^^^^^^^ ••J-Rf Robert Gourlay Esq. Sir, Wednesday Morning, 2Hh April. (B. 14.) 1, Clarges-street, Thursday, mh April. After seeing you yesterday, I had a conversation with 1 I I 144 1 w^.n- rise ami lliiiiks it a strong one, Mr. Biougham. Uc ha. '"^^ ^Zm^^' (or yo.^. He bids me say, amlAvilbe »'«PPy »». ^ L lo «re out a Petition shorty e.n- however. that he w.shes >«»/«"', ^f referring to any lormet bracing the whole "^y«"^^"'•^;, "f.''vin^» any thing printed on the Petitiois. He liUevvise t unks ;;;\,"'b7«,,,jected to/ at all events .ame pper ^vith the ^l^ ;\\"" S^,,^' Under these circumstances, xvould .ot be printed 7»'' ^ ^^^.^^J ''rPetition as shortly as you can. I strongly advise you to ^^^^'^H !viU enable Mr. Brougham to Robert Gourhiy, Esq. (B. 15.) Sahirday Night, Aih May. Dear Sir, ,„ „:„ht I found the enclosed note from On my return liome to i ght, » »"» to-morrow Mr. Brougham; l.y .hich )-J'^ij^^,j :;:;'« "-^ee that you at eleve., as he "^^^^^\'\.^^^ Monday.) at a quarter before hve. .nicallattiveorne.tmounn.,^Mo.^^y.) ^ ^^^^^^^^^ PrayletMr. Gourlay know that lam not a^^^^ before'five; o^ -1^ '^^'^ IT^I ich^iKw d^ -«"• read and corrected the I etition wiucn ^^^^^^^ ^^ ^ Lieut.-Gcn. Sir R. C. Ferguson. (B. 16.) Sir, 13, Clifton-stred, Finsbury, Qth May. 1822. .1 :»K ihxi niv Petition and annex- You will receive along w. h t^^jy^^ Jf„ i^nt to have ations fully and fairly *=Xbn law ot'upper Canada is. I pre- Ibe whole printed. The sedition law oii^ff ^j^ um" the most villanous P-^^^J.^f;^ ^ ,e mL it is stud^d, the taking it merely as applKable to al ens. an ^^^^.^^^ ^^ ^ ,„. more will this appear. It is <^J. "f " Jeciallv now when three years nuirv into the stale of the province, ^speciaii^ ^^^^ ^.^^^ LTe^gone by since U was aPP ;e« ?»^«»'^ 'j?, '"f Jotreat with the Colonies on liberal principles : nothing but libera- litv will do; and with this they can be retained with profit and ho- our We can, with the utmost ease, retain the sovereignty, the ri"ht of disposing of land, and the monopoly of trade, after all inter- fe'rence with internal legislation is withdrawn, which it should be ^'whll' respect to my own individual case, it would be high gratifi- cation to have an address to the Crown moved in my favour, whether should ever be able to take advantage of it or not. Chances are gainst me. I am not only broken down in health and fortune, but orn to pieces with private cares, in sach a way. that I'le itsel « no enviible pos.essiJ.. ; yet. even dying, I should wish to die for the sake of my children, cleared from even the nominal taint of banish- "''presuming that you will present my petition to-™«"7'('y';"'"''^7'> I shall attend in the lobby of the House, between half-past three and four o'clock, lest you should wish to put to me any question. I have the honour to be, &c. ^^,,„, .v- ROBERT GOURLAY. Henry Brougham, Esq. M.P. (B. 17.) 13, Clifton-street, Finsbury, 0th May, 1822. Sir, The Petition which you returned to me, was put into the hands of General Ferguson, who has proved friendly. „"« co"^"'**;^ Mr Brougham on the subject, who advised, that the Petition should be amplified, and that being done, he is to present it early next week. I take I e liberty to accon.pany this with a scroll of the principal part, toKetl er with printed doJuments, formerly referred to as memoranda, sEld you fed inclined to advance any thing on the occasion. No- K could be more wantonly cruel than my treatment in U,)per Ca ada • and nothing can prove more clearly the tyrannica spirit .Inch e;ists there. Ih't.n the fact that the ?^d'»'0" /^''-J^; *^ ; lour of which I was imprisoned and banished, still remains on the 1 e book, from the resistance on the part of the Legislative Con„ cil to the repeated attempts of the Commons' House of Assembly to have it repealed. ..us J have the honour to be. &c. ROBERT GOURLAY. Joseph HumCt Efq- ^ 14G (B. 10.) 13. Clifton-street. Finsbury, lOth May. 1822. Sir, - ' You .ill recollect having ^re^^j::^\ Lf Z to the House of Commons last year and^^^^ ^^^^ ^pper Canada, expectation that a commission wouia con e ^^^^^ ^^,g ::c^uiring of the Home .^^^^^^ZVJt::^<>^ni.A. l^^.!, early th s state of the provnice ; but, in that i wa petition, pointing to what session, hail Mr. Hume to present ^o^me a »e ' h^^^^^- ^,„^omy „"ght be clone in North American Co me J^ ^^^ Brouglnun. a ^nA retrenchment, ^^'^^'l "7' l^^v inlo my own case, banished fourth petition, praying for '"' " ^ 'J^^^ -^"^^^^^^ under colour of the Canadian Se*<'^'«"f*^y '^^ ,^t ,,iu be presented before urge, for want o-Uiess^ ,,,, p, early next week, and I take ttie /'''J"/ j,,i,,„ ..Vay occur to you, Xng with this, thinking it l^^^^ ^^^f.Vo. tt'I^asiL When you with previous retlection, worthy otnot.c, on Canadian statute presented my first petition you ^^^^^^ f^„ '^^ , attention. It is a might, of ilself.be an object -" y-r„di"vXch ca'"ret2Io Britain her North is but one course ot P^J'^y/^^/,"^^^ them, and granting inde- American Colonies : J f ; .^\."^^,^Xis sufficient to maintain it. The pendence, as soon as "^'fj^'^ f^^'^ ^nd Newfoundland, natura ly Lnadas. Nova Scotia, New Bmjw.ck^a«a^^^^ ^^^^^^^^^^ hang together, have ample »^«""^^'.^"*' ^ ^r a dozen years, would tion of Britain thrown into them for ten or ^^j, ^tiU glow be able to defend themselves. The hearts ot P J^^ ^^^^^^^^ with a desire to '•<='"^>» ^^^""^'Ji^; ^ re^^^^^^^^^ British crown they would for ever admi ot '^l^^l^lJ l,,^ of unappropriated allow us to draw a revenue ?f»"\ ""^ , ^ rp, ^ surely, are im- ?;nds, and enjoy a monopoly ol heir tude ^ '- ^^^^^ j^ja ^p- portant objects, and if ^I'^^.^l^y ^^f "> ^.^sion, to a declaration of position members P.'f «« '"""f i'^^ beLe tT^ Legislatures some specific plan, ,t ^^"'^^'^^j^'^Xmed in the ensuing session ot May, 1822. wo Petitions I had then ►per Canada, liry into tlie id, early this uting to what e of economy Brougham, a se, banished lich I did not be presented with a copy occur to you, 1. When you nadian statute ntion. It is a bsolutely uau- jppt-r Canada ihe Commons' es against tiie oukl you tind Ect, and on the rican Coh>nie3, ewspapers, that praying for a and also your lunons, wherein ject early next ) me that there itaiu her North d granting inde- aiutain it. The idland, naturally lundaut popula- sen years, would people still glow liberally treated, ,e British crown, f unappropriated !, surely, are im- cured. Did op- a declaration of onial Legislatures ensuing session ot dispute has sub- 147 ,i.ted between the governments ^^^^'IJ^^L "'^ie'i «pecti,.g «"»«'" ;"f..^^^rm by^the latler. but of late has been these was granted to the to mcr ^^ commission has been sent refused; and because oths,^^^^^^^^^^^^^ It is also proposed home to confer with the supreme yuvc to unite the Canadas. 1 bave only to observe, ^'i'^^ '\r "J«^^;; ^" Mother Country, and merciful to the Colonies, high respect, yours, &c. ROBERT GOURLAY. Sir James Mackintosh. (B. 19.) 13, Clifton-street, Finshurj/, \mMay, 1822. ^''"' A nervous malady, to which I have been subject ever A nervous iiiaiavj, owiue to the pressure of ,i„ce my confinement in Niagara ad has owing F ^^^^^^^ ^^ private cares, been 8^'"? "'^"««nd there is no remedy but in Low almost unfits me for busino . «^ '^^. j^ J, '„,;„ j^^owntill hard exercise and change of scene, ^^'^j^^j ,,, ,i,,,.id bave any after my P'^t.t.on was presented, lest be oe^^^^ ^^ ^.^ ^^^^^, "PO"- , , , , ,,^,1 « fpw lines to Sir James Mackintosh and the subject. „o.«sn«ners of this morning, that I have just observed ^^^^"^ . *^'^^ "f^^^^ Xeti"§ the Ionian Islands Mr. Hume is to bring «» '"\ "'°*';" J^^ ■ " j^orth American Co- to-morrow, and the consideration of abuse^m No tn^^^ ^^^^^^ lonies may do well to go hand in V^"^ J'^'^J^^^ , these colonies, is a very different course of policy to ^^^ P " J""^.,7J" Jlter should be The former, no doubt, must be «^'7*Xr 'a Sven period, have retained, cherished, confederated, .-"d. afte - M ^"^ ^e^^^^ ,' ^r. freedom to act for themselves. ^""'yP^^t^^j^^h objects worthy Hume. 27th February last. I endeavoured to set toim oDj ^j^ of attention, regarding North A'^encan Colonu^s w^^^^^ ^^^^^^ review. The fact, that .- ;"d;c>ous^^^^^^ o "nappj P ^^^ ^^^^^ would bring in a consideiabk ^-^^""^ \ . .«^ ^j to the inhabi- poiut of economy towards this country, but injustice ' ■ ',k 148 tants of upper Canada. - ^i:^:^::::^^;^^:^ ^^ are due, for losses s«^ lamed m »^'« '«\^^^,,^,„ ,„t „nhc Imul sales, which could be speedily made J" ' "^^J ^,,,,, ,„«„ soul out to M.r- Were a commission, *^"'''*'^»'yf. ^'^^ th^TwouUl see into this at vev and report, as to the publ.c »f '"'^J. ''^-'„ '," t i,e i„ possossio.i of o7ce. Pefhaps. indeed documents ^ ^''^^ ^mot^ for that the Colonial DeP«[»/'-'i*' -^^J ^ eould e i "- "''"'^ "\'^'' purpose, from which estimates couia ,,^,,^^0 than useless. Value of these lands, '«y"\6 '" 'f . f tunlrVa m improv.ment; but it There is. in short, l^^^^^^'^^l l^^^^^^^^^^ would be improper f«^^ «^5r f J',^ ,' "^' ^-atter as this, obvious, prac- able time, than merely to hint at sutiia m ticable. and Pre-ing/- -«;- ^^ ^^^ ^.,, , ,,,,ect. """""ilOBEUr GOURLAY. H. Brougham, Esq. Sir, (B. 20.) Clifton-street, Finsbury. May 2^.1^. 1 expected you .ould P--"t "jy petUion - tl. 130. or 14th instant, and ---^7.. ^^^1"^^^^^^ ^-™ senled; but the state of my heath hurradme^^^ ^^^^ ^ ^^^ whence I returned only last Saturday. ^^ .^ „„,y delayed, merely from my absence. «" ' , "/Ji,:,,^. ^ i.uleed, I have wait the fittest moment to dojus ce to tl_.e ^^i^ ^j. ^, „^tion, more and more hope that you ^''J '"^'^^j^* ^'^^.^ uuo the state of not for inquiry into my special ^^^se alone u . . ^^^^ ^^^^ Upper Canada and North American Co lon.e in ^e .^.^^^^^^ j ject is quite ripe. a"^^"««ds probing to U.e b^^^^^^ .^^^ understand, are prepanng a bdl o ay ^^^'\ jj, ^^eed upon Canada; but 1 have >'V!VXf can et sure Vrmanent arrange- the broad principles ^vluch »«"%f J^fj'^„ ...jtlie Colonies, to ment ; and it would be du y bojh to BrUa.n ^^ ^^^^ ^^.^^ press at once the consideration and a opU^^^^^^^^ ^^^^^ the utmost ease, retain British North America a ^^ .^^^ of it. We can make it a mean ""^^^^^^^ J .^dually improving oFan intercourse equally friendly «jd P^filX to a question I observe, from the ne^'P^P^'^VpH ?hat Govermne»t had Jome to from Mr. Ellice, Mr. Wilmot replied that Go^^^^^^ ^^^^^^^ ^^ ^^,j, the resolution of advancing £100.000 *» f^"'';^ ^ ^^ ^^ answer- ferers in Upper Canada, by tt'el^t^^^'-^X and that a corn- able for one half, and the province for »« J^^^^' the c aims. This mission was lo go oat immediately to invest.gaie peric mil poundi itcd States, land sales. out to biir- iiito this at (oiisossioii of loii for tliat )ia«le of the than useless. iiient ; but it »e your valu- L)viou8, prac- ect, GOURLAY. 1, on Ibe 13th ill it was pre- country, from t, 1 presume, self, you only Indeed, I have A of a motion, the state of ral. Thesub- I. Ministers, I nent, regarding il proceed upon nanent arrange- le Colonies, to We can, with make tlie most lliiig the United lually improving people of that , might, by and 1 lion, and admit it, to a question lent hid come to 16 claims of suf- :nt to be answer- md that a com- tie claims. This 149 . I a^A «,;»li for ^iT vears. at the beginnini: ot which business has been »"«f^,^'*'' ^.^ ;' ^tc se bu'l.dred thousand perio, the whole cla m» '^^»»^; "S j ,, ^^,^ ,.,,, Uran €100.000 ,,onnds, could n,ve /> ^ the s nnTo>t manner. I should say, .end will be now. and tint to m the .^^^^^ ^^^ ^^^^ ^,^^,^ outacounjuss.onnot onlyt nvesUt ,t,ii„„arv in town till the affairs of the provnu e .^''''' .'"'^,,/' ,„<.,enl'ol»iect in address- end of the session ot »';''>'''>7'\V .^J' ,,7, ;' ^ , ' to -eply to ^^hat- i„, you is to say, that 1 ;>>;;' /l^^^^j^ ^^ ^'^^ *,,. ,,l.,l„ai , use. ever question you may w .h to^ > . • h ^ a y^^ ^^ I ^^^ _^^^^^^^,^^ ::i:m';irn;e tot;;:-th^' yl^annot can upon my assistance too often, or interrogate too trcely. ■""• ■ ROBERT GOURLAY. H. Brousham, Esq. v • . vr r for it. (B. 21.) 13, CUfton-street, Finshury, '2Ut June, 1822. ^''"' You are 1 flatter mvself, delaying to present my petition till the best IjJoX'nit? shall occur, and I am hence the more san- guine that it may be P"^"''"*^"^^ '';,?";;; •„„,„ n.at Mr. Wilmot bus Seeing, from the "-^^^P^P*;;^ "^„\' ^ ^^ brought forward a proposal lor ^°;^*;\'*7'^ , t,,;, i^ .^ eonclu- resist'expressing to you '"y. «P'"7"\ !*'''' 'provucial Legisla- sion without previous subm.ssu)U *» /,^^.^^.^' '''..i.e^^^^^^ toaureat jr r r ~ X -.0. Why Up^r ^^^^^^ should have distinct »^«'«>'«^»"'-^V. ^"i J ^ ij^, coUected at Quebec the proposed consohdatmn, vjz ^^^ U^e^^^* ,^1 ttre should be ,„ay be fauly apportioned My o^^^^ .^^^^^^ . ^^^ ^^^.^, ,,, no <1"t«es collected (by the jrovnc.^^^^ from land ; and that for provincial revenue should be drawn J » ^ ^^^^^ ^^^(^^ ,,,,, ^on- ™ore than ordinary '^««^P"Vh.v mkht c^^^^^^^^^^ be apportioned, with- tinned on imported goods, they J^'^'^J*'' '^^ in Ian- out jumbling together »»- .-»'°'^f '^'^^i.^tommerce and navigation guage, laws, manners, ^'^^^^^'J\^ Jj^^iX^l by a distinct statute, of the St. Lawrence may. '"^^.^J' .^.^''P/ ' f,t and other such gene- and the provinces ^^^^ ^l^^^^^'X^^^ of British North ral concerns-not the Canada^on^, D ^^^^.,,j^^,, ,^^^ ^^ ,,ted America. I am glad to see tUal » ' ^ •"* j, j ,i^.e of il. to the hasty proposal, and hope you ^'^ «^^;\;"* ,,,r by October The Provincial Legislatures could be ^;J^^/;82*^'i,ri,.i.t for- next and their opinion obtained on any '"Cdbure now ? j j ward, in order to a final adjustment next .ess.on, of the Imperial tll^ 150 Parliamt-nt. This wouhl l>o nothing more tlian fair, and miglil lave Hjuch trouble in the end. ... i • i „» I l,avc llic honour to be with high respect, Yours, &c. ROBEIIT (iOUULAY. Ihnri/ Brougham, Esq. P S Were it uossible to have a comini!.i.ion appointed to f;o out to Up'por Canada, with unbiassed, di.interesto.l. an(l delorn.n.«l nind U, get at the trnlh, exposures, 1 am conlnh.it. nu«ht be made o !,\\in/lmnces oflhc .roi.,*. which have no paralld-n.nun ce , by which the laire't purl of America h ren.lerell only tend to make the Canadians look across their boundary to the United States,— for comparisons only generate dis- content. „ .. I .. J The whole of the clauses of the bill, respecting duties, proceed upon error. Between Canada ami the United States there should be no obstruction to free trade. Along such a boundary, it is quite impossible to prevent smuggling, and upon the side ot Canada, tree trade would, upon the whole,, be advantageous to this country, by disposing of Briiish manufactures, in spite of the restrictive system of the United Slates. Duties levied at Quebec, and left to be ap- plied by the provincial legislatures, to undefined purposes, do harm, inasmuch as they lighten the tax upon land, which would go to nii- 1 iniglil suve spect, GOUULAY. c(l to go out I (k'lcrmiiicd i^^lit be made I — influoncfs, nd worlldi'ss. lie subjccl iii- U.G. h .full/, Ui22. )f 2 1st June, I now before nada, witliout t yet ji^ucss at iisly doing so. jininillee) and I see nothing itruducing the Ac, Imt which iitiircs dibtinct luncil or con- torable. The slimd) affords .0 lengthen the certainly give y benefit, and from the pos- due, is also an ich petty inter- >k across their / generate dis- Juties, proceed ', there should ary, it is quite if Canada, free his country, by jtrictive system left to be a|)- »oses, do harm, ?ould go to iui- 151 prove the stale of j)roporty. Duties levied on the trade at (^nebec, nnd applied to the improvement of the St. Lawrence navigation, mii^ht be iiii^hly beneficial, and this, I conceive, roidd be accomplished by the British Parliament, without trenchinu, un the establislied principle, that the British Parliament, though it may impoie duties for the regu- lation of trade, is yet to leave the disposal of these to the provincial legislatures. The British Parliament could impose the duties condi- tionally, that they should be applieper Province, where a greater variety of reli- gious sects exists, where the peo) le are more clear-sighted, more inquiring, more iiritable, and where nine-tenths would be much more willing voluntarily to subscribe money for the maintenance of reli- gious worship, than to see land reserved for a purpose which it can- not eftect, and which so palpably tends to weakness, discontent, dis- union, and subjugation. ,. „ ,. • ., The desirable point would be, to have full discussion on the pre- sent bill ; but bv no means to let it pass. Let it be first laid before the Provincial Legislatures, which may be called together before the end of October: let inquiry be made as to the wild lan be erroneous, ary, it was set itrabaiid trade ply tlie people [julies imposed loiild be taken applied solely L;rand «iational Canada. es interference if public lands, fiuurisli nor be and they hold ual sale would uindred of the )n Lower Ca- llalholics, per- to their clergy »r a Protestant , in fact, it is variety of reli- r-sighted, more i be much more enance of reli- e which it can- discontent, dis- on on the pre- tirst laid before itlier before the Id lane ""POsed on t e uule at Quebec, provisionalhj, tor expend, ure on the St Taw e. c . avioal^ou. a grand ..alional object, a..d the nnprove.neul ot «S i e-euti;d to the welfare and security of the Canadas. Th Ca ada BiU ca.u.ot be too fully disc.ssed ,.ow that .t ,s be ore Parliament ; but, sir, before it is passed, the people of Canada rioulTbc consulled ;'a..d a much "-^e importa..t pom nou Id be to make inouirv as to the disposal of public lands ... the I lOMuces. We"e these judiciously di.posed of. Canada won d yield a profit. Tfter every charge of glver.m.e..t was defrayed, and every pe..ny du ?o suffe.e?s hi the late war. was liquidated, it would y.eld a profit r>:hel.:me Government, while you -^^ -^^ E!! tuT^e r "" i would see vour property there quadrupled in less than four yea.s. i sneak from mo?e reflection on the subject than .t is probable any oU.er per^n has bestowed upon it. I address you freely as a pubhc man. a^rd for public good, aid. therefore, hope you will pardon such freedom. , , . i c « 1 have the honour to be, !.) 13, UiJ'lon-strect, Finsbnri/, 2d August, 15V22. Sir Although I dif^'v'red entirely froi.i you respecting the Ca- nada Government and Trade Bill, 1 have fell assured that your views were liberally directed, and conscious of my own fi;ood intentions ♦owards Canada as a Province of Britain, I now address you frankly on the subject I have pressed incpiiry into the state ol Upper Ca- nada for four years— in the Province and at home-through good report and bad report ; and to the very last day of the present ses- sion would leave no stone unturned to forward a measure which might be productive of infinite good. My great object for inquiry ever has regarded the disposal of public lands, and till this is pro- perly seen to, no good can be expected of Canada. 1 had it in con- temp'alion to become a Canada land-agent ; 1 studied every circum- stance connected with the business, and could see no hope of success till great changes were made— till a system of business was established in the room of patronage and favouritism. At the present lime, I have applications from respectable farmers in Scotland and England, who think of emigrating, for advice: most willingly would I direct them to Canada; but as matters stand, there is no comparison be- tween that country and the United Slates. In every respect the latter is at present to be preferred, but were full and fair inquiry instituted, it might speedily be very otherwise. The Government Bill now read a second time and ordered to be printed, for sub- mission, I presume, to the Provincial Legislatures, may be of use ; but were a Commission consisting of sensible business-men to be forthwith sent out to inquire into every particular wl'ich regards the political economy of the Provinces, then, indeed, we iiiigiit expect to see some- thing like permanent and substantial goon effected. You have a deep inter.ait in the issue. You seem iv have the ear of ministers, and there i yet a day remaining of the session on which a commis- sion of inquiry may be pled for. By p - 'idihg for that you might at once do intinite service to yourself aiui lie public. — Pardon this liberty, and, believe me, Sir, Respectful! . yours, Edward Ellicc, Esq. M. P. IluBEIlT GOURLAY. (B. 32.) 13, Clifton-street, Finshury, Id August, 1822. Sir, I have observed from the uewspapers ot yesterday, that (i on llii's ^tuh- nada ; but as tf siglit, more tjspt'ct, OUULAY. iugusl, 1822. cling the Ca- lat \«ur views od intentions ss you frankly of Upper Ca- thiougli good e present ses- leasure which ct for inquiry 11 this is pro- had it in con- cvery circum- ope of success ms established resent lime, I and England, «)uld I direct )mparison be- ry respect the d fair inquiry e Government iited, for sub- be of use ; but o be forthwith Is the political tt to see some- You have a r of ministers, ch a conimis- lat you might — Pardon this GOURLAY. August, 1822. •esterday, that ir>9 you submitted to ministers the propriety of sending out Commis- sioners to Canada to inquire into the existing diflerences between Upper and Lower Canada. These differences are of trifling moment compared to some otliers which demand inquiry. The most impor- tant regards the disposal of public lands ; and while there is still one day of the Session remainin;j; on which business will be done, I cannot refrain from urging you to press for in(|uiry as to this. Within the last week, I have letters from respectable farmers in various (jiiarlers of England and Scotland, who are proposing to emigrate. Were matters riglit in Canada, most assuredly they would go there ; as it is, I cannot possibly recommend them to prefer that country to the United States, Yon will excuse this liberty 1 trust, and be- lieve nie respect fully — Yours &c. Joseph Hume, Esq. ' ROBERT GOURLAY. (B. 33.) Sir, I only received your note of the 2d here to day— of course too late, if I had been otherwise disposed to adopt the pro- position you suggest. I know of no object which could be attained by the appointment of Commissioners to examine into the proceedings of the executive, either in Upper or Lower Canada. All requisite infor- mation is either here or can be obtained without subjecting this country to unnecessary expense, and it is unfortunately too late to recal any grants which I am disposed to a";ree with you, may have been made of land in both Provinces, without sufficient claims on the part of the grantees, or examination into the subject by Govern- ment. My great object was to secure to the Canadas an independent le- gislature, which could have exercised, on the spot, a vigilant and powerful control over the afl'airs of the country; devise the most practicable plans for the inq)rovement and the conveyance of emi- grant settlers from this country, and pursue, as far as they were ap- {)licable to the habits of tlie people and existing circumstances, the means adopted by their neighbours in the state of New York, for opening roads and water communications between the different set- tlements, and the oullet of the great navigation of the counlry. It is impracticable now : — it will be more so hereafter, to attempt to govern the Canadas in all the details which require so much local information and attention from this country. Your complaint is that of other persons, that sufficient attention is not paid in this re- spect. If a report was obtained from Commissioners confirming all your statements, do you really exj)ect, even if circumstances should remain entangled, that an English Secretary of State will pay such attention to the care, or indeed, have time to uii take the local government of the country, as monthly dispatches from Dowuing- slreet ? My remedy was an independent legislature, freely chosen by the people, and acting, as I have no doubt they would do, with libe- I,i ; I - r ifi' 11 ralit) luuJ jiltenlion to tlie principles of impiovt'iiiput, from wliicli ulone their countrv could advance in happiness and prosperity. All interferences of the mother country in the internal concerns should be limited to cases of the strictest necessity, and our dominion over them should be more the eftect of their own wish and desire, and depend rather on their claim of protection, than on any actual rigiits derived from the conquest, or which this or any any other European nation have, in unison, sought to establish over their Foreign Colonies, after the connexion has been no longer desirable to the latter. This is the principle alone on which I will again interfere in the cause of Canada, and, possibly, in the sequel, all parties may regret the liberal views of Ciovernment are not adopted when they are in the humour to entertain them. I am, Sir, &c. Cith August, 1822. E. ELLICE. Sir. (B. 34.) York-place, bth August, 1822. I have received both your notes respecting Canada ; and am sorry that at this time of the Session it is impossible to do any thing in the way you point out. The measures which Government propose to adopt respecting Ca- nada, in the next Session of Parliament, will bri .g the affairs of that Colony more before the House and the public, than has hitherto been done ; and it will then be the proper time for any suggestions, regarding the granting of land, or any other subject which you con- sider of importance to the interests of the Colony. I shall be glad to receive from you suggestions on that or any other subject in which you think I can beneficially interfere. In the mean time it would be extremely useful to obtain correct information as to the mode the United States dispose of the lands in the immediate vici- nity of the Canadas, to show, as clearly as possible, the different practice followed by each country. If you are in London in October or November, (by which time perhaps you will have obtained fuller information relative to the dif- ferent subjects which will come under consideration, before the affairs of Canada are adjusted,) I shall be glad to see you for a short time on any Thursday morning you may call in York-place. I am. Yours, &c. Mr. Robert Gourluy. JOSEPH HUME. (B. 35.) 13, Clifton-street, Finsbury, London, 19th August, 1822. Dear Sir, Your letter of 31st July, in reply to mine, desiring a conversation with you in Clarges-street, reached me in course. Had :, from wliicli jsperity. All nccrns should Joniiiiioii over d desire, and actual rights her European eign Colonies, i latter, iterfere in the es may regret 'n they arc in ELLICE. August, 1822. Canada ; and ble to do any respecting Ca- ' ctftairs of that 1 has hitherto jy suggestions, ^hich you con- it or any other III the mean formation as to immediate vici- , the diftereut by which time live to the dif- n, before the you for a short ilace. EPH HUME. bury, London, 822. lie, desiring a 1 course. Had 1«1 I been so fortunate as to have had that conversation, 1 meant to have asked if it was still possible to have a motion made for inquiry into my case. You say that Mr. Brougham will be strongly disposed to bring the matter forward next session ; but while the grass grows the horse starves. My Petition set forth that the judge was now in England who tried me at Niagara, together with two persons who were present at the trial, and who were willing to give evidence as to my situation, none of whom are likely to be forthcoming by a future occasion, even though I could holdout. The fact is, that my mind labours under a most unpleasant oppression from what occur- red to me abroad, and till every stone is turned to get rid of it, I feel unhappy. My last shift was to write to the King, and desire a friend, now in Scotland, t) get my letter handed to him. This day I have received a letter from my friend, saying, that he knows of no channel through which my letter can be presented, and that it is lying addressed to me till called for, at No. 14, Heriotrow. I had no idea till now, that, in this matter, I should have been disap- pointed—that there would have been difficulty in the case, and, dis- tressed with the dilemma, have thought that you have repeatedly ex- pressed a willingness to assist me, might still do so by getting my letter handed to the King. I shall annex a copy of it, that you may judge whether it contains any thing improper. I shall write to my friend, that I have made this application, and request him to con- verse with you on the subject. No doubt this will find you in Edin- burgh ; and while I trust that you will forgive this extraordinary liberty, you may be assured that your aid on this occasion will greatly oblige. Your obedient servant. Sir R.Ferguson, K.C.B. ROBERT GOURLAY. (B. 36.) Same as (A. 8.) which see. (B. ;37.) 13, CHf ton-street, Finsbury, 'list August, 1822. The day after his Majesty left this place for Scotland, I despatched a letter addressed to him, which I flattered myself might without difficulty be presented by some one attending court ; but a friend to whose care the letter was sent, informed me, that he knew of no proper channel of commuoicution. I then wrote to a gentleman of high rank in the army who bad promised assistance, requesting his aid ; but since my letter was despatched to Edinburgh, have learned that he will not be here at this time. I have now de- sired my friend to put my letter to the King under cover to you ; and trust, that it may thus certainly reach the hand of His Maiestv before he leaves Scotland. The object of the letter, viz. leave to return to Y Sir, H# Ite im' ii J(i2 Upper Canada safo from arrest, is not of its own sake of much con- sequence. I am anxious to liave this leave chietly as a test of con- sequence by which my mind 1 ••.!. ned with a sense of injury, would be greatly relieved : I iiin anxious to have my request granted while His Majesty is yet in Scotland, and with that readiness which a liritish subject, cheated out of his highest privilege— protection un- der the rigiit of natural allegiance, is entitled to expect. 1 shall ac- conipany this with a copy of my letter to the King, and should he much gratified if you would direct a reply to be sent me, whether or not I am successful in this application, a*nd in that to His Majesty. I have the honour to be. Sir, With all due respect, A'c. m. llou. liokrl Peel. ROBERT CJOUllLAY. liepli/ to the above, see (A. 0.) 13, Clifton-street, Finshiry, 2rf Sept. 1822. Sir, Your letter, dated 29th August, has reached me this day, and I return you thanks for laying mine, committed to your care, before His Majesty. So soon as any determination is come to on the sub- ject, I should be glad to be made acquainted with it by letter, di- rected for me, to the care of Messrs. Beck ford and Rankin, 35, Abchurch-lanc. Six months ago, I had a Petition presented to the King in Council, by IVIr. Richardson, Solicitor, Fludyer-street. Should you bear this in remembrance by next meeting of the Privy Council, you may add to the obligations now conferred, by calling attention to that Peti- tion. I have the honour to be. Sir, With very high respect, yours, &c. Rt. Hon. Robert Peel. ROBERT GO URL AY. (B. 38.) Letter to Mr. Wilmot. See (A. 19.) and page 85. (B. 39.) Berwick Farm, near Hindon, Wilts. 21st May, 1823. Sir, You led to a belief, by insinuation, that the Em- peror of Russia had a hand in his father's death, which was scarcely fair, even for the purpose of awakening the world to a manifest truth, that despots were conspiring against liberty, seeing that the accused was so far off. You did better in charging Mr. Canning with tergiversation ; he did, perhaps, his best to sIjow game on the occasion ; and all was well when parties agreed to think no more of 'V of much con- a test of con- injury, would granted while incss which a protection nn- t. 1 shall ac- ind should be le, whether or His Majesty. <^'C. UllLAY. 2rf Sipt. 1822. !d mc this day, lur care, before to on the sub- by letter, di- 1 Rankin, 35, ing in Council, i you bear this , you may add 1 to that Pcti- , yours, &c. ' GOURLAY. tge 05. Hindon, Wilts. 1823. that the £ni- ch was scarcely to a manifest seeing that the 5 Mr. Canning jw guiue on tiic ink uo more of 163 it. Last summer you grievously disappointed mc, and I have suid you " ivould btliuy me." I said so in a letter to Mr. Hume, April last, and I alUulcd to the sam*' subject, writing to (iencral Ferguson about the same time. I thus wrote for ease to my mind, labouring under gloomy reflections ; and I tell you, because there is nothing I would hide I am relieved by speaking out, and, relieved, I iun perfectly wiling to hold you excused, even if I was right, of which 1 canno't be positive. You shall judge yourself. In the spring, 1822, I asked General Ferguson to present for me a Petition to Parliament ; he was inclined to befriend me, and put the Petition into your hands, the hotter to insure success. You gave me hope, and that became sanguine : you shook hands ; I altered the Petition to your liking, and you offered me a seat under the gallery when it was to be spoken to. I wailed most anxiously for the occasion, and ex- pectation wiH at the height, when the Canada Bill was to be dis- cussed :, I attended in the gallery— heard you speak on the beer question, and then saw you go off. Next day you left town, and 1 was informed by the morning papers, that my Petition had been presented by " A member." The impression on ray mind was, that you had become displeased with something on my part, and had thence wished to get quit of the concern. I have now copied out a* correspondence relating to the Petition in question, and subjects connected with it, to despatch to General Ferguson for submission to you if you desire it. From that cor- respondence, you may see how seriously intent I was on the fall of my Petition— how anxious I was, not on my own account only, but because of Canada, In beating about after a reason for your conduct, I can find but one to guess at. In an unfortunate book of mine— the Statistical Account of Upper Canada, I have spoken lightly of your Education Bill, and on political s bjects, I speak as 1 feel. Censuring your Education Bill, I had nevertheless, the most profound respect for your talents ; and can only say at this hour, that it remains matter of wonder how you could countenance what has been censured almost by every body. Destiny seems often to sport with great men — sent Charles the Twelfth to be laughed at among the Turks by silly wo- men, and made Dr. Johnson, who could " point a moral and adorn a tale," not unfrequeutly an old woman.- Sir, it would be a noble triumph for you over this mighty and capricious power, were you to throw your Education Bill in the fire, and immediately digest a new and simple one, which, 1 am sure, with your unrivalled elo- quence may be passed this very Session, and be in operation all over England befoje Christmas. It cannot be out of character in a wise man to laugh over his own failings ; nor is it so dilficult as to repent of sins, which parsons would say is a chief end of existence. I came to England, and took a farm, fifteen years ago, namely, for the purpose of studying the poor-law system. After five years, I saw that education was the first requisite for reform, and drew up a Petition to Parliament in favour of it ; this Petition was approved of oy your excciieui irieuu lur. iiujuci, i^ui si tame i-j^ nvt.isiigj. , a pauper in the parish where once I farmed, I have refitted the Pe- I '■ I 104 tition for education to my follow-punprrs ; seul it off In the care of Mr. Grey Reniict, and written in its behalf to Mr. Wilherforce. Nothing would delight me more than to see \ou an advocate for the prayer of my Petition ; and sinking every other consideration I ask you frankly to plead for it — to pay your debts to me by lending lo the poor in general. The relition, after recapitulating what was laid before both Houses of Parliament eight years ago, concludej thus : — (see A. i), and page 42.) May I hope that this extract will induce you to read the whole, which you can have either from Mr. Beiniet or Mr. Wilber- force, to whom I have communicated some of my ideas as to schools. I have committed to Mr. Hume's care another i'etition, which I requested him to show you ; and my wish is, that both may be presented on the same day, because they aim at the same object — bettering the condition of the poor. Tliat for education is a re- cord of my early endeavours in the cause; the other (A. 11) gives proof that I am true to it even at the last shift, I was placed in the predicament of a pauper by a joint influence — a me- lancholy dispensation of Providence, if I may so speak, and an affection oftliemind. And, at this time there is, perhaps, no man alive so critically situated as myself — one whose fate is so dark — one who dreads mere evil less, or who has a greater desire of ac- complishing a mighty good. The limits of a letter admit not of much prosing ; but I would be glad if a hint could originate serious reflections in a mind like yours, so capable of maturing thought. The world is threatened with subjugation by the organized strength of the Holy Alliance ; and it is a puzzle to determine whether you or ministers are right as to assisting or not assisting Spain : but this I would confidently say, that if we made all right at home — put down petty tyrannies and exalted the character of the peasantry : — If we, at home, laid a solid foundation for truth, and justice, and liberality, despotism would never make head against us, while the world would speedily pro- fit by our example, and sliake off, in due time, every incumbrance. At this moment, the peasantry of England, are oppressed beyond any on earth, and if you will plead in their favour — jdcad for* and obtain a commission to examine into the truth — a commission to visit the parish of Wily: the object of my Petition, in the hands of Mr. Hume, more especially if you make one of the commission. lam very certain you will acknowledge the truth of what 1 say. I have to add but a very few words on another subject. The Canada Government and Trade Bill, laid before Parliament, by Mr. VVilmot, last session, was monstrous, both in its spirit and letter. I drew out a paper in the form of a Petition, as a mere set off against its monstrosity : and as a text for conversation with you. I missed the conversation. You presented the paper, and it is printed in the journals as a Petition, (A. 7,) all well. We shall, I expect, hear, some of these days, from Canada, of the rejection even of the more modest proposal sent out for the approval of the Co- lonial Legislatures, and you will then have opportunity to come forth on Colonial policy. There is but one principle, in ray humble In the care Wilberforce. ocate for the eralioii I ask ly lending lo ng what was 0, conclude J to read the r Mr. Wilber- as to schools, tion, which I iioth may be ame object — itiun is a re- her (A. 11) shift. 1 was lencc — a nie- ipeak, and an liips, no man is so dark — desire of ac- but I would I a mind like is threatened loly Alliance ; ters are right d confidently tyrannies and e, laid a solid polisni would speedily pro- incumbrance. essed beyond ;)lead for and nissioD to visit hands of Mr. lission. I am say. iubject. The iment, by Mr. rit and letter. mere set oflF ion with you. )er, and it is We shall, I rejection even al of the Co- inily to come in my humble 166 opinion, which can long rule Colonies in these enlightened days — common interest, guided by common sense : let us, as speedily as possible, withdraw from interference with the internal Kovernment of Colonies, and connect the whole together oidy by the British navy, manned with honest tars — only with honour and courage, leaving out entirely patronage and favour — and greatly circumscribing the power of court appointed governors. Looking over the map of the world, and considering what may be made of the vast posses- sions now beneath British rule, can there be doubt that by virtuous government, the whole human race may be made British subjects? With all due respect, Yours, &c. Henry Brougham, Esq. M.P. ROBERT GOURLAY. Sir, (B. 40.) Berwick-farm, near Hindon, IVilts, 22rf May, 1823. I lived three years iu the same house with your uncle James, and when you write to India, shall be happy to be remembered to him. My father was intimate with yours, and I have had the honour of conversing with General Wemyss, at Wemyss-castle, and elsewhere. I was born with the expectation of being a Fife laird ; now, I am a pauper, and have been cracking flints for a livelihood. The most remarkable thing of all is, that you, the Member of Parli- ament for my native county, should have been put in commission to run me down. When an assassin made offer to Charles Fox to rid the world of Bonaparte, he was allowed quietly to depart ; but our honest minis- ter informed the French Ruler of the occurrence. I discovered from a Scotch newspaper, in the spring of 1822, that a charge had been brought against the county of Fife, for money paid away " to watch the motions of Mr. Gourlay, and hold correspondence with the County Member thereanent." I bad been watched for more than a dozen years, because of my political principles — undermined in my father's affections by base slanderers — hunted down at home and abroad by the spirit of persecution ; and worried even in the private recesses of friendship ; but this newspaper record gave the loudest tongue ; and to perpetuate the record, I had it engrossed in a petition to the House of Commons, which was presented by Mr. Brougham, the 18th July, 1822; and under that date you may find it in the journals, with a challenge for yon, your correspondent, or the world, to bring forward the slightest evidence against my loy- alty, &c. I have lately expressed a wish, in a letter to Mr. Wilmot, the Un- der-Secretary of the Colonial Department, to have opportunity to lay before the House of Commons, not only a statement of grievances experienced by me in Upper Canada, but an expos6 of the weakness and wickedness of the Provincial Government. I have also, this week, despatched two petitions to be presented to Parliament to- morrow by Mr. Hume and Mr. Grey Bennet, in behalf of myself 16() and fellow-paupers. With so much business on hand, I sliould be glad to be assisted ; and if you would lay before Parliament the cor- respondence with the department of espionage in Cupar of Fife, I think, should profit by it. I cannot believe that you countenanced any thing of the kind ; but if you did, unwillingly, "l should bo glad, for the honour of Fife- shire, that you got quit of tlie stigma by plain confession, and a little wetl-iimed daffen. I am, &c. ROBERT GOURLAY. James Wemyss, Esq. M.P. Sir, (B.41.) Clifton-sireet, Finsbury, 3rf December, 1823. London newspapers, of 20lh of March last, reported that Mr. Hume had, the preceding day, complained in the House of Com- mons, as to ill usage experienced by me in Upper Canada ; and that you had offered to refute any specific charge which might be made on the subject. As soon as this report was j)erused by me in the country, I wrote a letter to you, dated 28th March, saying " I shall be happy to hare fair opportunity to lay before the House of Commons, not only a statement of grievances, but an expose of the weakness and wicked- ness of the provincial government, defying. Sir, your refutation ;" and, for public reference, this letter was printed in the Globe aud Traveller. I wrote to Mr. Hume, oftering to attend in London, as soon as occasion required ; but did not move, expecting that depu- ties would arrive from Canada, to call the attention of Parliament to Colonial affairs, being assured that your government bill, sent out last year, would not be approved of. I waited week after week, and at last, coming to town at the close of the session, found that depu- ties had actually come home from Canada ; but that they had con- ferred only inj private with ministers on the business of their mission, and had not even been heard of in public. I was thus disappointed of submitting charges to the House of Commons ; but shall be ready witii them by next meeting of Parliament, when Canadian affairs are likely to have serious consideration. I now address you, from having seen your examination before the select committee on the employment of the poor of Ireland. This committee, speaking of your experiment for emigration, then about to be tried, " cannot but express their approbation of the prin- ciples on which it has been conducted, and their hope that it may lead to satisfactory results." Sir, the principles of your experiment are completely wrong; they are wasteful to the nation, and can secure no great, lasting, and beneficial results. This flat contradic- tion to the opinion of the s«)lect committee 1 am more willing imme- diately to convey to you, from having seen, in the Courier of this day, a flattering account of the success of your experiment reported from , I siiuulcl be fiieiit the cor- par of Fife, I the kind ; but joiir of Fife- II, and a Httle GOURLAY. ceniber, J 823. reported that louse of Com- ida ; and that light be made ntry, I wrote happij to have IS, not onh/ a s and wicked- ' refutation ;'' le Globe aud II London, as ng that depu- Parlianieat to bill, sent out ter week, aud nd that dopu- tbey had con- thcir mission, disappointed diall be ready iuu affairs are on before the md. igration, then M of the prin- e that it may Lir experiment ion, and can lat contradic- wiiliiig iiuine- IX of this day, e[)orted from 1G7 Upper Canada, and an assurance that Government will proceed next year to encourage emigration on the same principle: this, too, the very day after we have had laid before us a Yankee proposal for the purchase of the Canadas ! ! Sir, the subject of emigration and settlement in tlie wastes of na- ture is a mighty one ; the most important, perhaps, which can engage the attention of mankind, and especially of the British nation at the present crisis. We, Sir, are, at this moment, the holders of the greatest extent of terra fir ma of which any people could ever boast. The Roman empire was comparatively small to the British. We have, indeed, but to look to the map of the world, and exult in the vast superiority. At this moment war is suspended ; but we have still to fear lest the ambition and jealousy of despots shall stir up strife, and usher in a fresh series of rapine and confusion. At this moment, Britain could adopt a policy which, while it secured to her lasting peace and prosperity, would gain for her, in time, the empire of the world — not its conquest by the sword, but its surer subjugation by bonds of interest, admiration and love. She could effect this by the gradual establishment of free trade, in unison with a grand system of emigration and the reform of the poor laws. The subject of emigration and settlement has never yet been un- derstood, though it is capable of being reduced to a science. Citi- zens of America, who have had most to do with it, and whose inte- rests are most nearly concerned, are ignorant of its principles, and through ignorance of these, go on to weaken and barbarize their country. You, then, need not be too much abashed, to have your errors proclaimed — you, nor your eulogists, the select committee of the House of Commons. William Penn had the best chance of any individual, to lay the foundation of a correct system of emigration and settlement. He had the Royal favour, and obtained an exten- sive grant of land in America, the best fitted for his purpose. He was calculating, steady, zealous : — he had a sufficiency of money, and Quakers for companions in adventure — the most peaceable, or- derly, and industrious of men : yet William Penn, for want of pro- per arrangement, was driven mad with the confusion of his schemes, and the discord of his settlers. Lord Selkirk was the first to discover that emigration might be encouraged with safety and advantage to the nation — the first to dis- prove aud dispel the narrow notions which long prevailed against it. He devoted his mind, his bodily exertions, and his fortune, for many, years, to establish a regular system, but he began with blunders : proceeded in the inidst of error — recorded his want of knowledge, and died defeated, disheartened, and despairing. A third individual need only be named, who has failed, and created misery from ill- digested plans of emigration— The Cacique of Poyais. All these individuals were ignorant of principles which should go- vern, and which should be well understood before an acre is mea- sured out for settlement, or a single individual decoyed from home to possess it. I, Sir, whs led seriously to think of emigration eight years ago. Precisely eight years ago, with a wife and five children to rjrovide for, I found myself in jeopardy instantaneously thrust down from the hope of independent fortune, and thought of asyk'-n abroad. The world was all before mc, and fate direrled to Upper Canada. Sir, I witnessed the first experiment of the British govern- ment to relieve distress at home, by settlement in the wilderness; and no sooner saw than discovered gross errors in principle, and grosser errors in practice. There I began to reflect on what were sound principles, and what practice could be built upon these for good. Six years ago, I determined, in my mind, that 50,000 people could, by the adoption of a proper system of emigration, be annually re- moved from this country to the colonies, with comfort to individuals and profit to the nation. This opinion was communicated to Lord Balhursl, in confidence that he would give it liberal hearing ; but in Iiim I was wofully disappointed, and ever since, for upwards of five years, my liberal" principles and extended views have obtained for me nothing but neglect. I, Sir, construe every passing event for good, and look to misfortune, disappointment, and torment as the price which must be paid for all thdt is excellent: or, rat'.er, I believe them the necessary preparatives for that temper an \ disposition which alone can succeed in adventure. I doubt not, indeed, the Scripture promise, that we shall reap if we faint not. I hope that provoking you in this day of your vain glory— -this day tuat accounts are published of the success of your experiment in Canada, ap- plauded as being right in principle by a Parliamentary committee— I am sanguine of good, even by telling you this day, that with regard to sound principles of emigration, you are as blind as a mole. I am, indeed, confident that it would be br-tter for England to dis- pose of Canada for an old song, than to lay out another sixpence in promoting emigration on your principles. * ^ ^ ^ i- r ROBERT GO UrtLAY. Robert Wilmot Horton, Esq. Here ends what was contained in the packet lodged with Sir Ro- nald Ferguson. \m I i' ■ s Ill of "asyli'in ]le(\ to Upper •lilisli govern- j wilderness; Ic, and grosser t were sound jse for good. people could, : annually re- to individuals cated to Lord :aring ; but in )wards of five jtained for me ent for good, as the price '•er, I believe 1 1 disposition t, indeed, the . I hope that tiiat accounts Canada, ap- committee — I it with regard IS a mole. I ,ngland to dis- ler sixpence iu ' GOUrtLAY. with Sir Ro- 1(J9 (B. 42.) CORRESPONDENCE WITH MR, HUME. &c. No. 1. Berwick Farm, near Hindon, Wilts, 1st April, 1823. Sir, After seeing in a newspaper* that you had spoken to Parliament of my ill-usage in Canada, and that Mr. Wilmot had ciiallengcd you to produce specific charges, offering to refute them. I lost no time in relieving you of responsibility, and challenging Mr. Wilmot on my own part. I hope you will advance my offer; and depend upon it I shall shrink from nothing. Myletterwas hurriedly written, and still more hurriedly 1 despatched a copy of it to Mr. ***** for publication, if he thought proper. Nothing can save me but exposure and notoriety ; and before a generous Ikilish Public I will not fear. I shall subjoin a copy of my letter to Mr. Wilmot, (see page 05,) and if you would read it to the House, the first convenient opportunity after the recess, things would look well for an onset. If occasion requires, I shall attend in Lon- don. Though a pauper, I am not entirely without friends to defray my charge'; there, if on serious business ; and I am now, happily, in health. From 01 e newspaper (below), I observe that Mr. G. Bennet had con^eforwsrd in defence of Sir Peregrine Maitland : but I wish to make no charge directly against him individually. I was frank and polite both to him and the Duke of Richmond till they treated me ill, and till I found the poor creatures of the province falling down to worship them. I then, on principle as a political writer, showed them off as weak and selfish men ; — on a principle which has go- • HOUSE OF COMMONS, Wedwesday, March 19, 1823. " Mr. Hume did not mean to oppose the motion, but objected to the cfcarges for " the Colonies as excessive. He also wished to direct the attention of the House to « the statements of Mr. Gourlay, because, from other sources, he learned they vere '• entitled to consideration, • • • . In mentioning the name of Mr. Gourlay, he had •'not been influenced by that gentleman's politics: Mr. Gourlay may have been a " troublesome man in Canada, but that was no reason why he should have been ex- " polled. He had no hesitation in saying that Mr. G. had been removed unjustly; " that removal had occasioned his ruin, and it had been merely because he had held " liberal opinions with respect to the defence of Canada; he thought that the sooner " this country gave it a free constitution, and enabled it to defend itself, the belter it " would be u)r both. " Mr. G. Bennet said that ha knew the Governor of Upper Canada, and he believed " a more disinterested roan did not exist. " Mr. Wilmot said that he did no: think Mr. Gourlay had been severely used : and " if the Honourable Member chose to bring the subject before the House, he pledged " himself to prove that Mr. G. had no reason to complain." Newspaper Report. Z II 170 Terned my pen for many years. I know the law of honour— the code of gentlemen, and was bred as strictly to this as either the Peer or the Knight Companion of the Lath ; but there is honour, and a code to which I adhere, when public good and politics are concerned, entitled to preference. I fear no man, either in body or soul ; and mv conduct in Canada was pure to the bottom. I could have been received in the United States with open arms while my principles ■were misconceived. I was, indeed, accidentally discovered in a large public company in New England, cheered, honoured, and offered, by a member of Congress, a seat on the floor of that house (as Lord Selkirk had) should I go to Washington: but I openly declared that I believed there was a mistake as to my proceedings in Canada,— that I was hostile, not to the government, but to its admipistration, This is still my declaration and my principle. I had then, been at New York, despatching orders to England for winding up my affairs, in hope of a friendly reception from the Governor of Canada : but on returning into the Province, I found myself libelled by Sir P. Maitland on opening Parliament, and aided by the serviles of the assembly. Afterwards 4he Duke of Richmond and his son-in-law allowed me to lay in jail, while every man of feeling abhorred tlie conduct of those who had flung me into it. The governors passed through Niagara after I had been seven months confined there :— when I was shut up from free communication, stifled with heat, and exasper^^led with base tyranny. They passed by aty prison, but deigned not to look in. I doubt not but they gave orders for all the cruel treatment I experienced, but my charge cannot be direct ; no ; it requires inquiry ; and if ever Parliamentary inquiry in support of the rights of a British subject was required, my case and Canada requires it. I have been ruined in every way — in health, reputation, credit, and estate, by the abuse of power in Canada, while British rule has been detested and disgraced. Mr. Wilmot, I observe, has spoken of my book. That book was composed while I was in a fever, and wholly distorted in its arrange- ment by grievous occurrences, on its progress through the press, tcfoie it came out, I was in a state of distraction, which will be best read in my letter to the Lord Cliancellor. The first volume was intended for separate publication, but the greatest misfortune of my life disabled me from sending it forth, till it appeared a year after- wards with others, which at first were not contemplated, and which were produced by a mere series of impulses. It was a most unfortu- nate publication: yet it exhibits some things in a way which, but for the circumstances which produced it, might Lave lain hid-— .hings well worthy of notice. In making charges against Government, I may refer to this book ; but would by do means rest upon it. 1 trust. Sir, you will stick to the subject of colonial inquiry. Colonial abomination is the ripest of all for dissection. Church government will not do to be cut up for ten years yet. Stick to the Colonies, and chiefly to those of North America ; for there abuses are extreme, and the means of improvement most palpable. Tliough now a pauper, I was liberally bred to farming, and shall give John. Bull a hundred thousand pounds a-year for his part of North our — the code ;r the Peer or ir, and a code re concerned, or soul; and jid have been my principles ered in a large I, and offered, louse (as Lord declared that in Canada, — idmipistration, i then been at up my affairs, Canada: hut [led by Sir P. serviles of the his son-in-law abhorred tlie vernors passed fined there:— with heat, and ty prison, but ders for all the be direct ; no ; I in support of e and Canada th, reputation, , while British rhat book was in its arrange- igh the press, ch will be best st volume was ifortune of nij d a year after- ted, and which , most unfortu- vay which, but din hid-— .hings Government, I pon it. ilonial inquiry. :tion. Church . Stick to the )r there abuses able. Tliough shall give Joha )art of North 171 America, on a twenty-one yeari' lease, while I save him half a mjilion annually in 'nistomary maintenance and repairs.— ffoot awa man ; — its a' true. Respectfully a.:d faithfully, yours, &c. ROBERT GOURLAY. Joseph Hume, Esq. M,P. No.2.„ Berwick-farm, 9d April, 182?«, Sir, The accompanying letter, dated first April, was flung aside that day and reviewed the next. Observing that Fool's day was at top, and something like foolery at the bottom ; remembering, too, a saying of Napoleon, that *^from the sublime to the ridiculous is but " a step," I judged it prudent not to despatch my epistle till it had a second as surety ; and here it is. I now wish gravely to call atten- tion to the last paragraph of my letter, and to the fact that British North America could yield a revenue to the Mother Country clear of all cost oif maintenance. This fact I was convinced of five years ago ; and then, writing in tiie Canada Newspapers, \ threw out a proposal like to that which I now riake, of taking a lease of the pro- vwce. This was copied into many of the American papers, and I befieve, even into some of this country, under the head " A grhat OFFES ;" but beyund exciting a smile, it probably left no impression ; jmd I xemensber that, conversing with you on colonial policy, you teemed to bave your mind made up on the subject, and did, indeed, say that a colony could proditce uo revenue. You will acknowledge, «t least, that the question is interesting and important. You would, I think, come over to my opinion, did you once fully inquire into it I and, being convinced, I am sure your liberality would induce you to exert your superior talents for practical completion. Had the unfortunate publication spoken of in my other letter gone on smoothly and been completed, it was my intention to have illustrated ^iid proved this position : and, thinking my ideas original, I was, and am more anxious to bring the» into public notice. They not only go to the aggrandizemject; and the Bill itself remains the strongest proof of the thorough ignorance of Ministers as to it. A Petition written out by me in opposition to the Bill, and accidentally presented and printed, was sent out and published in Canada last autunni. A correspondent uriting to me from Canada, adverting to my proposal of offering in- dependence to the Colonies after a given jieriod of years says, " T/icre is not the least hope of a commission coming home from this country to sue for any thing that speaks of independence ;" and the reason is obvious. While Britain sends out half a million of money to North America annually to pay the expenses of government and pro- tection, we cannot suppose that the colonists will readily desire to have the donation withdrawn. But we should look to it anotiicrway. We should watch the time that colonics arc fully fledged; we should feed them up to that time, and then peck the lazy' devils out of the nest even for their own sakes. Robin-red-breast, the'sprightliest of birds, would never fly about and provide for himself if not forced to it by necessity. It will Indeed be merciful to our American colonies to make them free and indepenilent in good time; oihorwise they must infallibly be pounced upon and devoured by the eagle of the United States. I hiivc the honour to he, Sir, Most respectfully, yours, ROBERT GOURLAY, Joseph Uum<\ Esq. M.P. No. 3. House of Correction, Cold-bath-Jields, March 17, 1S25. Sir, I have this day read your speech on the Canada quesiion* wherein >, >u say thai, with a refur'mod Parliament, you would inqieach Lord Bathurst. Truly, you yourself deserve impeachment, and I shall proceed, even 'vithoul parliamentary reform, to show cause. ♦ SALE OF WASTE LANDS IN UPPER CANADA. Mr. Wilmot Horlcn rose to bring forwani his measure lor \):v incorporation of a company lor buying up the. waste lanvls in Upper Canada, oi v\ln(ii lie had givoa notice on u former night. He proceeded to explain sliorlly the oiiilnies of the Bill, postponing, to another stage, the more particsilsi details. The t'cat object was to cii- couragc, by all means, the introduction of capital into the colony ; and, in jhe pursuit of that, it was proposed to sell the waste lands in Canada to an Incorporated Ccrapany, under such restrictions and with such (ju.difications as would guard against ahuso in the TC-sal.' of iriese lands to einigr mt ^etikrs. Anollur object was to tieatc, Ironi the proceeds of such sales to the Company, a fund which might be made applicable to the 174 In February, 1823, I entrusted to your care a petition (A 5) re- garding Canada, which, had it been done justice to, would have ele- djscharge of the necessary expenses of the colony, and thus rid the mother country of that annual chorge which had so often provoked the observations of the Honourable Member for Aberdeen (Mr. Hume). Necessarily incidental, but secondary, however, wcs the encouragement of emigration and the promotion of colonization. The grand result of which might be confidently aniicipated from the successful altaiuments of these several objects, would be a great extension of cultivation in that immense and unoccupied territory ; and an improvement of the interests of the colony generally. Upon the first point he believed there would be but little doubt, and he should, there- fore, assume that it was beneficial to the colony to encourage the introduction of capi- tal there : With respect to the second, the measure would be found to contain all the necessary securities and guards against any tendei>cy which this Company might have to monopoly of all the unoccupied lands of Upper Canada. The project was, that the Company were to appoint two commissioners, the Crown two more : these together, to appomt other commissioners, who were arbiters in all doubtful cases, and the value of the land to be adjudged by a standard derived from the average value of similar de- Bcriptions of land in particular districts. The plan thus sketched out, had been actually carried into execution. Commissioners duly appoijited had gone out, but the tunc was too ^hort as yet to receive any accounts from them. On the appropriation of ihc pro- ceeds he should state, generally, that ofSO.OOO were to be set aside for the necessary expenses of the colony for fifty years; and the surplus* if any, was to accumulate lor such purposes as would most tjcncficially enhance the interests of the settlements. The same reserve for the clergy would be made in the new transfers as already pre- vailed in other paits. Every facility and encouragement would be, of course, extended to persons desirous of emigrating. A royal charter had already been applied for, and the present measure was in order to arrange the details. Having thus given the gene- ral outline, he concluded by moving for leave to bring in the bill. Mr. WiUiam Smith approved of llie principle of this measure, but wished to know whether in the allotments to be made, care had been taken that no injury was sustained bv the Indians bordering upon these waste lands. Some circumstances of oppression in New Brunswick and Nova Scotia had lately been disclosed, but he hoped that limitations had been devised to guard against similar injuMicc in other cases. Mr. W. Horton undertook to siale confidently that there «as no such danger. Mr. Hume did not object to the bill. On the contrary, he regretted that it had not not been brought forward long ago. It was now five years since he had called the atten- tion of the Colonial Government to the abuses practised in the colonies, but the prede- cessor of the Honourable Gentleman turned a deaf ear to all his representations. He (Mr Hume) then stated, that such was the system carried on in Upper Canada, par- ticularly that the emigrants could not avail themselves of the grants of waste land. Since then he had provided himself with an official document (which he did not then uossess) and which placed these abuses in a strong light. This was a report from the colonial legislature with respect to these waste lands, and it stated that out of 39,000 emicrants who were sent out of this country, or had gone out at their own expense, in the years 1817, 18, 19, and 20, only 100 families had found refuge m the colony. The remainder had gone to the United Slates, or re'urned to this country. He hoped that the system would be terminated by this Bill. In fact, th« pruningknife was wanted .o the whole system of colonial policy. The manner in which it was con- ducted reflected disgrace on those who were at the head of that department. Its mis- manaeement was not confined to the Canadas alone. He did not hesitate to say, that of all the public departments, the colonial was the most inefficient in this country, for the last fourteen yearn. He wished he had the power, and certainly if he had to deal with a reformed House of Commons, he should impeach Lord Bathurst tor breaches and neglect of duty, and move an address to the King for his immediate removal from office What he now said was not in heut, but considerately, and from the practices which he saw carried on under the eyes of the Noble Lord. His observations applied not to Canada alone, but to the Ionian Islands, the Cape of Good Hope, put together. The transactions at all these places called for an immediate inquiry into the whole svstem With respect to the Cape, he never would be quiet m the House whilst he uw L^rd Bathuist winking at the transporlatioii of Btitisli subjects from thence hy lilion (A 5) re- rould have de- mother country of of the Honourable scondary, however, Eitiun. The graud iful attaiuments of I tliat immense and i colony generally, 1 he should, there- Production of cap!' I to contain all the mpany might have roject was, that the these together, to 9, and the value of alue of similar de- , had been actually t, but the time was priation of ihc pro- e for the necessary 9 to accumulate for }f the settlements, ^ers as already pre- )f course, extended m applied for, and lus given the gene- ut wished to know jury was sustained inces of oppression lut he hoped that ler cases, uch danger, ted that it had not )d called the attrn- lies, but the predc- presenlations. He pper Canada, {lar- ints of waste land, ch he did not then s a report from the (hat out of 39,000 iheir own expense, fuge in the colony, this country. He , th« pruningknife I which it was con- )artment. Its mis- lesilato to sav, that In (his country, for y if he had to deal (hurst for breaches diate removal from from the practices i)servations applied lope, put together, uiry into the whole le House whilst he cts from thence hy 175 vatcd you, supported me, and done good unspeakable. I gave yoti a book wbich the Morning Chronicle railed •• the best Account of any Lord Charles Somerset, under circumstances of the greatest tyranny. So strongly did he view that subject, that he took shame to himself that he had not before brought it before the house. Gentlemen were not aware how ranch persons living nt distant colonies were at the mercy of the local gorernments. It was a subject, therefore, claiming the greatest attention from the Legislature, and he should consider it the greatest benefit he could bestow upon tin; colonies, and the country generally, if he could prevail upon (his House to address the Kiug to remove Lord Bathurst from a situation which he had filled so long and so inefficiently. The Honourable Member then proceeded to point out the exactions and abuses which prevailed in the letting of lands. He denounced the whole system of fees as alike ill advised and peculatory. Upon a sale of 300 acres of land, the fees alone were upwards of ,£30, all of which went intothe pockets of individuals. How long, he asked, was this system to continue? If the object was, in fact, what it was pretended to be, the encouragement of emigra- tion, why did they not, in imitation of the United States, open offices for tite sale of lands, abolish all unjust and vexatious fees, and arrange matters so that a man coming to buy a lot of ground might know to a shilling what the actual expense would be ? Some reduction, lie understood, had lately been made in these fees, but why was it not made long ago ?— It was shameful. Government pretended that they wanted the colony to support itself; if so, why did they not deal with the settlers as the United States did ?— This Bill was calculated to favour the introduction of capital into Canada, but consequences niight arise from it which were not possibly foreseen. He had not yet heard clearly whether this grant of lands did not amount to a monopoly of all the waste lands in Canada to the Company. If such were the case, he looked upon the whole scheme as a delusion. Let the Company be invested with the lands at 2s. 6d. Js. or whatever the price might be the acre, and allow them to dole it out in small parcels, and instead of removing the difficulties to obtaining land, you double and treble them on emigrants. This was a delkate question, and he had heard some declare, that the giving the Company a monopoly would be (he ruin of (he Colony. In such a case, it was much to be desired that this House had been consulted before any arrangement were entered into. He wished also to have some certain information as to whether reserved provision for the clergy had been made .' Mr. A. Baring wished to know whether this Bill was intended to originate a power in the Crown to dispose of these lands, or whether it was only to carry into effect the details^of a grant already made? Mr. Mawice Fitzgerald was anxious to set the Honourable Member for Aberdeen fight, as to a statement which he had made respecting the Colonial Government. He understood the Honourable Member to state that the abuses of which he complained in that department still existed. This he (Mr. Fitzgerald) could, from his own expe- rience, contradict. Being upon a committee connected with colonial purposes, he had the means of knowing that many of the abuses had been reformed, and that many of the settlers, sent out at the expense of Governmeit, had expressed their gratitude for the way in which they were treated. Many of these had emigrated from the South of Ireland, and in the letters to their friends they bore testimony to the accommodation which had been provided for them. Their claims had been referred to an agent of great ability and integrity, and in every case they were pleased with his decisions. The Honourable Member might therefore be assured that the abuses no longer existed. Mr. Gordon rose to repel some of the anin»adversions which the Honourable Member for Aberdeen had directed against the Noble Lord at the head of the Colonial De- partment. He could not help considering the use of strong or harsh language as pecu- culiarly unseasonable, when the Honourable Member admitted that he had no objection to the proposition of tlie Honourable Secretary (Mr. Horton). The main ground of charge seemed to be, that the measures now proposed had not been adopted years ago, but possibly want ^of capital or want of spirit of adventure might have prevented their application,before (hear). As to the observations respecting the appointments of colonial governors, that was a Cabinet measure, and Lord Bathurst was not singly answerable. He (Mr. G.) would undertake to say, that in the smaller details of the Colonial Office, a st.ict scrutiny was resorted to, in order to ascertain the characters of all the servanta of Government sent out to the coloni?s. 17G Country," which you said, in llic IIuusc of Commons, was " o m^ good book;" and wliicli was ccilainly sulficient lo prepare you i«r Mr. Bright heartily approved of the principle of the measure, a» ht htcaine daily more convinced of tlie necessity of increasing the population ot Canadii. lie hoped, however, that nothing had been done without the concurrence of the tolonial Legij. laturc: otherwise this niensurc must fail to be extensively elFective. A monopoly, also, would defeat all the purposes (^f increased population. This point he strongly urped. and he suggested that the ^20.000, which it was proposed to apply to the expenses of goveriunent, should rather be luid out in adding to the facilities of enngration. Mr. A. narin e. A monopoly, point lie strongly il to apply to till" ties of emigration, which, viewed in niH consideration, which the prenent n at tliis moment, f the New World, the accession of has enabled the try; and as the } upon Canada, it er states. It wbk ;>ther, the proddc- could not, there- refore, a question Ivanced by giving lich they will, un- ulties of retaining ntirely without its ong the territories to nnion with the A concession now other hand, their peiidence. Great the fair objects of company, ol lateral object to encourage emigra- cnt of the United St important whicii Slates throngh the ected with North t of fertile land in tracts which this monopoly, than if )thcr way of intro- nada were in the 11 the power of this vas one which was ber for Aberdeen merica, labour was t, he thought that ct accusation. to speak generally hat colony ?— And ! Coloniul Depart- }UTablc Gentleman 177 spcukiiig uiiCuiiadiari aiiairs; but because Mr. Rrougham proposed '* delay," yuu trifled with the subject, and all was lust. In April, IB23, you spoke of my ill-usage in Canada. Mr. Wiluiot challenged specific cliar{,'<"<. I instantly accepted the challenge by letter to Mr. Wilinot, wiiici. was published, and of which you had a copy ; yet nothing wa5 done. In Jidy following, I asked you to present for me a petition at an important moment of my fate, but this you refused to do : and last Juno, after promising to present one put into your hands, you left me to lie insulted by mad doctors — to be a second time arrested, and to an abode among felons. Tell me, now, who is most worthy of impeachment— you or Lord Bathurst ? I have the honour to be, &c. ROBERT GOURLAY. Joseph Hume, Esq. M.P, Sir, No. 4. House of Correction, Cold- Bath-Fields, March, nth, 1825. A newspaper of yesterday lays before me, containing the debate on the Canada Question. You, and you alone, are right on that subject. Ministers have ever been infatuated regarding Ame- rican affairs ; and till this hour are deplorably ignorant as to Canada. Just now, seven years ago, I sent home from that country a Peti- tion to be presented by you to Parliament, calling attention to Canada. Ever since then I have been persecuted without inter- mission, and now am confined here on pretence of madness, although there is not in London an individual more correct ; in proof of which I shall annex copies of letters written to you in 1820, which were not replied to. If you are disposed to follow up what you have spoken to, I shall submit proposals, which, if carried into execution, will not only be vitally important to me, but advantageous to you, the country, and the world. I have iiie honour to be. Sir, Your obedient servant, ROBERT GOURLAY. Alexander Baring, Esq. M.P. (Copies.) Sir, Cooper's Hotel, Bouverie- street, 23rf June, 1820. I am now addressing, to every Member of the House of Commons, a copy of the circular enclosed. Coming to your name, I made those charges, He would not make any reply to generalities, to idle assertions, and declamatory insinuations ; but if the Honourable Gentleman should think proper to prsfer a distinct charge, he would be prepared to refute it. The motion was then agreed to. .,..,»» i . r.^^ Mmning herald, ICt/i March, 1825. 2 A %. ^a" V<^\^> ^>„ v^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I IlilM iilM ■ 56 1^ IIIIM IIM 1.8 1.25 1.4 1.6 •< 6" - ► <^ 'W /a w m 0>A >^ "rjf m m °w Photographic Sciences Corporation 23 WiSl nAAlN STREIT WEBSTER, N.Y. 14580 (716) 872-45C3 /*#%* ^ #■-. y MP: ^ V.A &<. 178 •\i i i i '* — have called to mind, that more than two years ago I sent home a Petition to the House of Commons from Upper Canada, to call attention to the state of that Province. I requested my friend in town here, to whose charge the Petition was committed, to put it into your hands to be presented, but (you being then m France, as I have now, 4lh July, learned) he gave it to Mr. Douglas, who thought it was too generally worded— in fact, it appeared so to myself on review. Besides, it arrived too late in the session, and thence was not presented. I allude to this transaction, because I had a special reason for wishing you to take an interest in the affairs of Upper Canada—a reason which still stimulates me to address you particu- larly at this time. Should the contents of the circular so much engage your atten- tion, as to excite a wish to converse with me, as to this matter, I shall be extremely happy to wait upon you for the purpose, where and when you may signify to be convenient. I am, Sir, with due respect, Your most obedient servant, ROBERT GOURLAY. Alexander Barings Esq. Sir, July 4th, 1820. I have addressed a copy of the within circular to every Member of the House of Commons. Yours was accompanied with a letter, of which a copy is hereunto annexed. The circulars were all put into the General Post Office, with an impression that they were not chargeable to Members of Parliament, any more than if they had been despatched from the country. In a few days I found my mistake, by many of the letters being returned, because the postage had not been paid. To correct this error, I re-enclosed these letters with an apology, and defrayed all charges. This day I have a letter from a Member, io whom I wrote a second time, who says he never received my first packet, though it did not return to me. Your packet may have had a similar fate ; but though it did reach you, I acknowledge that my error in not defraying its charge may have been sufficient for your neglect. My object is so great and good, that even unmerited neglect would not daunt my endeavours : and I have only to say, in addition to what I first wrote to vou, that my special reason for wishing your attention to the state of Canada was, that 1 thought you had it in your power to become tb'' leader in the grandest scheme of benevolence which the world iias yet witnessed. Pardon this lofty expression, but believe me to be perfectly sincere. Should you favour me with notice, your letter will still find me at Cooper's Hotel, Bt)uverie-street. Respectfully yours, &c. ROBERT GOURLAY. Alexander Baring, Esq. 179 lit home a da, to call y friend in , to put it 'ranee, as I ho thought ) myself on thence was id a special i of Upper ou particu- your atten- jlter, I shall where and iOURLAY. / 4th, 1820. lar to every ipanied with culars were }n that they than if they I found my the postage these letters 'ote a second ;h it did not but though ot defraying ^y object is lot daunt my I first wrote I to the state r to become :h the world (elieve me to e, your letter GOURLAY. Sir, No. 6. Bri/anstone Square, V7th March, 1825. I have received your letter of this date, in which you complain that I did not do justice to the petition respecting Canada, which I presented to the House of Commons in 1822, from you. It may be true ; but if I did what I considered for the best, you may regret the failure, but the censure which you bestow might be spared. Of your book, I spoke as I had formed an opinion, but a little parliamentary experience would have convinced you that a House of Commons is not disposed to take such as good parliamentary evidence. You do great injustice in supposing that Mr. Brougham proposed to me to " delay" any inquiry or proceedings respecting Canada. — Such suspicions arc altogether unfounded. That you may have written a letter to Mr. Wilmot in 1823, may be quite correct, but I have no recollection of having seen it ; or if I did, of considering it as affording proof of a nature to support any specific charges against the Government of Canada. That you may have considered your letter sufficient for the pur- pose, I have no doubt ; but I do express my surprise that you should think it impossible that I should have a different opinion from you, and more so that you should refuse me the discretion to act upon that opinion, without incurring your censure. You never asked me to present any petition in either June or July last, when I saw you. On the contrary, at the interview I had with you, our conversation turned entirely on the necessity of your writing a petition to the House, in which you should acknowledge your error in having assaulted Mr. Brougham, but which you refused to do. Some time after I had left you, Mr. Bellamy, I think, brought me a petition from you to present to the House, which, afler con- sulting some of the Members, as well as the Speaker, I declined to present to the House, and sent back to you, because, in that petition, you stated, if I now distinctly recollect, that you were justified in having done what you did to Mr. Brougham, and for which you did Jiot express any regret, or offer any apology. I have reason to believe that my message to you, requesting you to alter the petition, was received and disregarded by you : and I was then obliged, most reluctantly, to leave you to your own course ; and whilst 1 regretted the course you chose to persist in, I saw no other course for me to take, than to leave you to a little reflection. He that will to Coupar will to Coupar; and, as you preferred and chose the abode of felons rather than to take my advice, I consider you as altogether unwarranted in blaming me for the friendly part I took for you. I am, your obedient servant, JOSEPH HUMli. Mr. Robtrt Gourlay. 180 I' tt :i; M I I ( i 1 i 1 i > f , Sir, No. 6. House of Correction, Cold-hath-Jields, 16th April, 1825. What I wrote to you, under date 17th ultimo, did not proceed from peevishness : nor was it meant for censure, as from the tenor of your reply I was sorry to observe you had supposed. It was solely to startle you into serious reflection on a subject wofully mis- understood by all parties— the opposition, as well as the ministry. It has been my wish, every day since, to assure you of this : but 1 delayed till something else might be spoken of; and last night's debate on Irish emigration* presses for remark, which shall be brief. Eighteen • IRISH EMIGRATION TO AMERICA. Mr. Hume submitted to the Honourable Gentleman opposite, (Mr. Wilmot Horton.) that, in the present state of the House, a thin attendance, it would be belter to post- pone the vote for the emigrants from the South of Ireland to our colonies in America. He was determined to oppose it, as he disapproved of the principle altogether. Mr. Wilmot Horton was understood to say that he could not yield to the suggestion of the Honourable Member. The vote was a sum of ^'30,000, and was intended to aid the removal of emigrants from the Somh of Ireland to our Colonies in North America. This was undertaken by way of national experiment, and so far as the experiment had hitherto gone, it was attended with complete success. As the letters of the superintendent were in the highest degree satisfactory, he had, therefore, no hesitation in recommending the vote, on the ground of its being a partial benefit to Ireland, and a partial benefit to Canada. The measure was in the nature and charac- ter of an experiment, to which a part of ths national capital might be safely appropri- ated. Mr. Grattan thought the vote ratlier premature, as the House was without any account of the result of the experiment already made in Canada. Mr. Vesey Fittgerald supported the grant. Mr. Abercromby opposed the system of emigration, as he was of opinion it was much belter to govern men wisely at iiome, and make them contented, than to export them to other countries. He objected to the proposed vote on the ground that sufficient time was not aftbrded to ascertain the result of the experiment of last year. Mr. Horton said a few words in explanation. Mr. Bright approved of the principle of colonization, but differed altogether with the manner in which government hud carried it into effect. He recommended the appoint- ment of a committee to examine more deeply into the subject, and to inquire if there was no better way of disposing of our super-abundant population, than by emigration. At present he felt disposed to oppose the grant. Mr. Spring Rice thought that the reasoning with respect to emigration was founded on erroneous principles, and he objected now to the call to repeat an experiment until it was ascertained what success the former adventure had been attended with. For- merly, the people of Ireland disliked the system of emigration by government. They used to call if, in their own way, " a right genteel mode of transportation ;" however, sure they were of a contrary distinction, and were anxious, when deprived of their lands at home, to betake themselves to any corner of the world where they could obtain the hope of a comforable resting-place. But he thought that it should be carried on upon a larger scale, and with more deteriiiitied views. He thought that the landlord ought to contribute as well as the state to the execution of a pl^n of emigration. Mr. M, Fitzgerald was disposed to continue the experiment, to whidh this grant was to be devoted. Mr. Hume would oppose the grant until an investigation had taken place with a view of ascertaining how far the attempts which had hitherto been mude, in the way of emigration, were attended with success. He recollected having landed in liantry Bay with a friend, and huv;ug supplied themselves with sugar-candy, as the best i-bath-Jields, B25. mo, did not , as from the )sed. It was wofully mis- ministry. It but 1 delayed t's debate on f. Eighteen iVilmot Horton.) e belter to post- [lies in ArnericH. togetlier. the suggestion was intended to ilonies in North d so far as the As the letters .d, therefore, no )artial benefit to ture and charac- safeiy appropri- *as without any lion it was much 1 to export them d that sufficient year. ogether with the ded the appoint- ) inquire if there n by emigration. ion was founded experiment until ded with. For- ernment. They itionj" however, eprived of their lere they could >&t it should be tlioiight that the un of emigration, h this grant was en place with a :tc, in the way of ndcd in liantry dy, as the best nn months ago, ! wrote to Mr. Wilniot that he was " as blind as a mole" as to the principles of emigration ; and it is really monstrous that he should persevere in ignorance, at once so expensive and trifling. Unfortunately, not a man in the House of Commons seems to knovt more than himself of the matter. 26th April. I had written so far when it occurred that it would be well to wail further opportunity of impressing on your mind more serious consi- deration of a subject vitally important to this country, and, I may say, to the world. Last night the Canada Bill was read a second time without notice. You approved of it from the beginning, and re- gretted it had not been brought forward long ago. I suspect it is far from what it should be, but have not been able to procure a copy. Will you favour me with one, and listen to my remarks 1 Notwith- standing the apparent testiness of my last letter, be assured, that I consider you worth all th** Whigs put together. Were you indeed clear of them, and resiit-g on your individual efforts, you may still, with the people's good opinion, be intinitely useful. The Petition which you presented last nighl in my favour was forwarded by my resource in case of difficulty in getting food and drink- They went into a cabin where the inmates were busy at their meal of potatoes and milk. He asked iliem if they knew what sugar was ; and the impression made upon thera by their answer, was, that they had never seen or tasted sugar. Would the committee, therefore, vote money to provide tea and sugar for women and children, who would not have such provision ? — This vote was prejudicial : it held out hopes which could not be realized : it imposed burdens upon England which would not make Ireland prosperous. It was for these reasons, inconsistent with the principle of the Chancellor of the Exchequer to relieve the people of England from the pressure of taxation. He should, therefore, take the sense of the Committee against it, however few might be disposed to join him. Mr. J. Smith, notwithstanding the opposition of his honourable friend (Mr. Hume), would vote for the grant upon the principle of rescuing a certain number of Irishmen from hopeless misery. If that principle was wrong, he should have at least the conso- lation of seeing a few made happy. When steam-boais should come to cross the Atlantic with the security and ease with which they soon would, emigration would be at an expense which he should be ashamed now to mention. Mr. C. Hutchinsnn agreed wilh the Honourable Member who spoke last, in consider- ing it a sufficient reason for agreeing to this grant, that it would rescue a few^ from misery. But until the House redressed the grievances of Ireland like statesmen, no effectual relief could be given. It was by employing English capital in feeding, educating, and clothing the poor in Ireland, that relief was to be given. The Chancetlor of the Eachequer said, that if the committee recommended to be appointed on the subject of emigration, were recommended as a substitution for this grant, he would not have agreed with it. But understanding it not to be so, he certainly was fa.' from objecting to the reference of the question of emigration to a committee. {cheert.) Already the subject was under the consideration of a committee. He meant the Committee on the state of Ireland : but the objects of that committee were so mul- tifarious and so extensive, that they could not be expected to examine this very impor- tant subject with the attention it deserved. If this peculiar question were referred to a specific committee, it could not fail to do good. Mr. Trant would not have voted for this grant but for the' pledge of a committee to inquire into the whole subject of emigration, which was the only means of relief to one of the great evils of Ireland. Mr. Hume would only protest against the extravagance of first voting away ^oO,OGO, and then appointing a committee to inquire The motion was then agreed to without a division. PI 1.1 f 'i i it 182 desire, aiiH others would have been seut up but for evil 'iiflueiices in Fifeshire. The Morning Chronicle reports that one Member opposed the Petition. I should like to know who that was. Another one or two of the same kind may reach you ; and when Mr. Stuart Wortley presents my own Petition for a commission to visit me, I hope you will support its prayer. I was quite correct in all that I said under date the 17th March ; and, repeating that I have not the slightest wish to censure, you will allow me to recapitulate. My Petition of February, 1822, was and is of mighty importance to the nation. I sent a copy lately to Mr. Huskisson, who slighted it (A 5) ; but tliat does not in the least de- gree change my opinion.* That Mr. Brougham advised delay you will find recorded in page 460 of the General Introduction to my Statistical Account of Upper Canada ; — the first volume of which was and is the best authenticated information of the kind ever brought home from a British colony; — was and is good parliamentry evidence, while I have the original documents signed by and in the name of hundreds of the most respectable inhabitants of the province; — so good that the Canada Company have stolen from it seventeen pages without ;;onsulting me, and six of the greatest value without acknow- ledging even my name. As to my letter to Mr. Wilmot, you may yet read ail about it in my letters to you of April, 1823 ; and along with this, you will receive a printed copy of the same, together with my Petition of July, 1823, which you refused to present. As to the Petition of June last, the matter stands thus: — I drew out one, which you objected to, and then showed you another, which you said was, " a very good Petition," and which, accordingly, was deli- vered to you but neglected. The following copy of it will show that it was quite unobjectionable. " The Petition of R. G. " Humbly showeth, " That, in consequence of an aftair which has occurred " in the lobby of the House of Commons, your Petitioner is now un- " der arrest. That your Petitioner in this affair had no wish what- " ever to insult vour Honourable House — to cause riot or obstruc- u Sir, • Houu of Corrtctum, CM-hath-fitlds, April 16, 1825. As soon as your speech on colonial policy was perused by roe, I seized my pen and addreised to you a letter of congratulation; not because you had advanced any thing new, or, of itself, extraordinary, but viewing it as the dawn of common sense and liberality in our ministry. Next day I re-wrote my letter, but detained it to avoid the appearance of affectation. Now an additional spur moves me; but you shall not be troubled with many words. I wish merely to bid you peruse the first five pages of the print which accompanies this, and reflect upon ray opinions submitted to Pariiameiit three years ago. If you think the thing of no consequence, return it to me in a blank cover ; if otherwise, and you should express a wish to have the rest of the pamphlet, now in the press, of which this print is port, I beg leave to say it will give me pleasure to furnish you with it. I have the honour to be, Sir, Your obedient servant, ROBERT GOURLAY. lit. Hon, Williiim HutkiiSim. I 'iiflueiices in mber opposed uother one or luart Wortley hope you will 17th March; sure, you will )22, was and lately to Mr. I the least de- ied delay you Juction to my : of which was ever brought utry evidence, the name of jrovince ; — so ventecn pages hout acknow- mot, you may % ; and along together with ;sent. As to —I drew out ler, which you igly, was deli- ivill show that has occurred ler is now un- lo wish what- Dt or obstruc- , April 16, 1825. roe, I seized my ou had advanced of common sense tained it to avoid but you shall not first five pages of ted to Parliament t to me in a blani( nf the pamphlet, give me pleasure IT GOURLAY. 18H ' " tion ; and sorry that any conduct of his should be thus construed, " he now entreats that your Honourable House will so order that •' he may be set at liberty, " And he will ever pray." Would the House have objected to this Petition — wouldl it have refused its prayer 1 Let me now conclude with a few remarks on your speech of the 15th March. — You are reported to have said, that out of 39,000 emigrants who went from this country in 1017, 18, 19, and 20, only 100 families had found refuge in Upper Canada. This I shall ven- ture to say is monstrously incorrect. Lord Bathurst has deserved to be impeached again and again ; but it is such vague and palpably er- roneous assertions which make those whose duty it is to bring him to book equally culpable, especially when time is wasted by saying what would be done in a reformed parliament. I have suffered more by Upper Canada than any one ; know more about it ; have been waiting five years for a bearing as to it ; and, in being told " will to Coupar will," think there is little consolation for disappointment. The point of business is, let me be visited — examined as to Canada- emigration — the poor laws — my present imprisonment. Each and all of these subjects are worthy of a commission. I am, &c. ROBERT GOURLAY. Joseph Hume, Esq. Sir, No. 7. Bryanstone-square, April 27, 1825. I send, as you request, a Copy of the Canada Company Bill, and if you can point out any thing likely to be useful, I shall be happy to attend tp it. I am your obedient servant, JOSEPH HUME. P. S. A debate took place on the second reading of the Canada Bill for upwards of an hour, but the Reporters did not think proper to report it. J. H. Mr, Robert Gourlay. No. 8. Sir, House of Correction, April 30, 1825. I thank you for sending me the Canada Bill, my con- tempt and abhorrence of which I cannot express on paper. As it deeply concerns the nation, and as I cannot wait upon you, may [ request of you to visit me here, where I am always at home, to-mor- 1 > I 184 row orMoiulay. I should iheii, '^Mi pleasure, converse with you on the subject. 1 am, respectfully yours, ROBERT GOURLAY. Joseph Hume, Esq. No. 9. Sir, Bryanstone-square, April 30, 1825. I am lavoured with yours of this date, and shall be very haopvto attend to any suggestions which you may be able to put onS rforme; but as to callh.g it is totally out of the question owing to the immense quantity of public business .n which I am at nresent engaged. , , _ The Bill comes on on Monday evenuig, and I remain. Your obedient servant, JOSEPH HUME. Mr R. Gourlay. P S I send you another copy of the Bill in order that you may uiake such remarks on it as you think proper and return it to me. No. 10. Sir, House of Correction, May 2, 1825. I have this morning received your letter and second copy nf the Canada Bill. I return it with this sweeping remark, that 1 beUeve there is a trick going on to make over the vast national pro- Sv in Canada to the Comptny. on little, mercenary, and shamefu Sr ncip"es. I hope you have' Jinterest in the affair-protest agains i^hThu rid passing of the Bill, and shall forward to the House of Commons a Petition, which 1 hope you ^vill get in time to present this evening, more formally to protest and to entreat delay m passing the ^' Lest any accident should prevent my Petition reaching you, I beg ^ou will produce the Bill protested against as sent herewith. ^ '^ I am in haste, yours, &c. ROBERT GOURLAY. Joseph Hume, Esq. M.P. No. 11. May % 1825. Sir, tMnasi You will herewith receive the Petition of which I wrote in the morning (A 23), and among the immeoje quantity of public rse willi you on r GOURLAY. April 30, 1825. id shall be very be able to put )f the question, which I am at in, ant, SEPH HUME. er that you may urn it to me. I, May 2, 1825. and second copy remark, that I ast national pro- ry, and shameful —protest against to the House of le to present this ay in passing the hing you, I beg erewith. &c. IT GOURLAY. Mai/ % 1825. of which I wrote uantity of public IG5 business, in which you are at present engaged, depend upon it none is more important than this. You will, I trust, present the Petition this evening, and get its prayer attended to. I am, &c. ROBERT GOURLAY. Joseph Hume, Esq. No. 12. Sir, Bryanstonesquure, May 2, 1825. I have to acknowledge the receipt of yours of this date, with the Canada Bill. As to your protest, you must be aware that it is totally ineffica- tious, and that unless you point out the grounds of your objections to the Bill in detail, it will be impossible for me to do any thing to isrrest its progress. I again enclose you the Bill, in order that you luay, if you think proper, and am Your obedient servant, JOSEPH HUME. Mr. R. Gourlay. No. 13. Sir, House of Correction, May 5, 1825. I have seen from newspapers, that my Petition regarding the Canada Bill was laid on the table, but am left in doubt as to its being printed, which was especially prayed for, anil which I am more anxious about, as I am preparing a Petition praying that all my printed PeUHons may be brought up and referred to a committee. May I, therefore, beg of you to move for this to day, if not already done ; and it would be further obliging if you would cause a copy to be sent me. There is nothing before the House demanding more immediate and serious consideration than the Canada question. I have been unwell for two days, or I might have written out some ob- servations for your perusal; but the want of them is little to be re- gretted, as nothing but conversation can fully explain matters. I am, &c. ROBERT GOURLAY. Joseph Hume, Esq, No. 14. Mr. Gourlay presents compliments to Mr. Hume; wrote Mr. H. vestenlay begging to have his Petition, presented the day before, printed, if not already so ordered, and saying he would be further obliged by having a copy of the Petition, when printed, sent him. He has now to acquaint Mr. Hume that he has this day sent a Pe- 2 B ! 'E 1 • I m m 180 llUbb lb thb care of Mr. Stuart Wortley, which ittay be pre*fetile«l this evening, and is, titerefore, more anxious to know ^helher tiie above is printed. Mr. (i. would be glad lo be informed if the Ca- nada Bill is in coramiltee, and when it will be read a third time. Also, if any committee is to be appointed for investigating generally into the subject of emigration, as proposed lately in the House of Commons. Could Mr. Hume, in the course of to-morrow, cause his secretary lo drop a few lines to Mr. G. as to these matters, it would be exceedingly obliging. House of Correction, May (i, 1 825. No. 15. House of Commons, ii o'Clock. ^r riume begs to inform Mr Gourlay that the l*etition presented by Mr H. respecting Canada has been ordered to be printed ; as has the Petition presented this day by Mr. Wortley — a copy shall be sent of the Petition when printed. No. le. Mr. Gourlay has just now observed from a newspaper the passing of the Van Dieman's Land Com|>any Bill. Would be greatly obliged if Mr. Hume would forward to him a copy ; and say, at same time, what has become of the Canada Company Bill. House of Correction, May 19, 1026. No. 17. 6, Bryanstone-square, May 19, 1825. Mr. Hume has the pleasure to inform Mr. Gourlay that the third reading of the Canada Bill has been deferred till to-morrow (Friday). Mr. H. sends a copy of the Van Dieman's Land Bill according to Mr. Gourlay's request. No. 18. Sir, House of Correction, Cold-bath-Jields, June 11, 1825. There is a Bill now before the House of Commons re- garding Canadian warehoused corn; and another in the House of Lords as to the corn trade, &c. with Canada, vvhich I should be glad to have, and obliged by your furnishing ttie with. On this account, however, I would not have troubled you, did I not wish, at same tiiue, to beg ^planation as to an expression in your be presietilid tv \Vhetlicf the ed if the Ca- rd time. Also, generally into of Comtnons. is secretary to )e exceedingly 187 tjo'e lo mc of lOlli May, viz. : that you had the "pleasure " to inform nie that tiie third reading of the Canaila Hill had been deferred. From this, 1 had somehope that the praycrof my Petition, presented by yoii, would still be attended lO, but the liill was read the third time, and passed without a word being reported on the subjeet. May I frankly ask how you could express pleasure which could only be big with pain to me? I have again and again reflected on this, and a li- beral explanation may set the matter at rest. Your obedient servant, ROBERT GOURLAY. Joseph Hume, Esq. ms, a o'clock. lion presented rinted ; as has y shall be sent )er the passino; greatly obliged , at same time. MayW, 1825. that the third arrow (Friday). 11 according to Sir, No. 19. Bryanstone-sguare, June 11, 1825. As you have, as stated in your letter of this day, been under some doubt what I could mean by an expression in my note to you of the IDth May, " that I had pleasure to inform you that the third reading of the Canada Bill had been deferred," 1 think it neces- sary to state, that I had understood from you that you intended to send, before the third reading, some particulars respecting the Bill, if you had time, and as the deferring the third reading of the Bill would, as I thought, afford you time to do what you wished to do, I considered that you vvould be pleased in having the opportunity, and therefore expressed my own satisfaction, or pleasure, that such was the case. I trust this explanation will relieve you from the surprise you are in respecting the phrase. The Bill for permitting henceforth the importation of corn from Canada, at duty of five shillings per quarter, which passed the House of Commons, was limited to one year by the Lords, which being an interference with a money clause, was the reason for the Commons rejecting the Bill : but another Bijll has been M»tfoduced, which shall be sent to you on Monday. jl am Your obedient servant, JOSEPH HUME. Mr. Robert Gourlay. 'old-bath-Jields, 25. if Commons re- the House of should be glad bled you, did I |)ression in your J i i I 188 (B. 43.) CORRESPONDENCK WITH THE COLONIAL DEPARTMENT. No. 1. London, September ^d,\V,'l\. My Lord, .. , i r Having' a purpose to collect together a number ot people willing to emigrate to Canada, and to proceed to that colony for selllemenl, under the best circumstances for the conjfort ot all, it becomes desirable to know upon what terms Government will grant land in aid of such purpose. .... , : It would, therefore, be obliging were your Lordship to order ui- formation to be communicated lo me on the subject. 1 have the honour to be. Your Lordship's obedient servant, ROBERT GOURLAY. Earl Bathurst. No. 2. Sir, Downing-street, Colonial Department, rtth September, 1821. In reply to your letter, dated the 3d instant, I am di- rected by Lord Bathurst to acquaint you that His Majesty's Govern- ment no longer give encouragement to persons proceeding as settlers to His Majesty's possessions in North America, beyond a grant of land, which they will receive on applying to the Governor of the Province, proportioned to the means of cultivation which they may possess on their arrival in the colony. Passages are not granler. bv Government. I am. sir, your obedient servant, HENRY GOULBURN. Mr. Robert Gourlay. I; No. 3. London, September 1th, AOaX, My Lord, ... c Mr. Goulburu has acquainted me, in pursuance ot your direction, by letter dated 5th September, 1821, that " His •' Majesty's Government no longer give encouragement to persons " proceeding as settlers to His Majesty's possessions in North Ame- «' rica. beyond a grant of land, which thej will receive on applying " to the Governor of the Province, proportioned to the means ot *• cultivation which they may possess on their anival in the colony." lAL ber^d, 1021. a number of o that colony jfort of all, it ;iit will grant > to order iii- GOURLAY. Department, 1821. ant, I am di- jsly's Govern- ing as settlers nd a grant of vernor of the hicli they may ; not granted 30ULBURN. berlth, 1821. ) pursuance of I, that " His fnt to persons in North Ame- vc on applying the means of I the colony." 189 The important point for ucrsons intending to emigrate is to be certain as to the quantity ot land which they will receive for cettatn means ; and that before they leave home. Crossing the Atlantic is a serious matter, and disappointment after havin« crossed it, u slil more so. My brother went out to Upper Canada, in 1817, applied regularly by pelition for land, took the oath of allegiance, anti paid fies; but had notliin),', save insolence, in return. He remained in the province eleven monllis, and then left it f»)r want <.f employment and object. . The terms upon which land is granted are changed troni time to time; and the fees, which in lUUI were very trifling, arc now raised for lar^e grants, to a serious sum, nearly etpial to the , ce at which the best wild land in the United Slates can be purchased. Were settlers to sail next spring, in expeclation tliut on the arrival in the colony •« lliey would receive, on applying to the Governor, a grant of land, ill proportion to the means of cultivation," upon the same rule that was followed this year, their expectations might be blasted by a change of rule. It may be by next year determined to grunt no more land, or to grant it on such terms, as to render it not worth the fees, or price put upon it. IW correspondence with various parts of the couutry, 1 am assured that [ could get a large body of the people to go with me by next spring, and it is now time to be making arrangements for an under- taking so arduous and decisive of fate and fortune. Your Lordship, no doubt, has control over all rules for granting land in Canada, and can, therefore, assure me upon the subject of my inquiries. May I, therefore, beg the favour that your Lordship will take matters into serious consideration, and in another communication give me those assurances which are requisite for my plans being car- ried into execution, without risk of such disappointment as I have above supposed possible. ^ i I lave in view to settle towards the higher part of Lower Canada, and should wish a grant of land out of tliat still in possession of the Crown which lies nearest Montreal. It may be ui your Lordships power to determine as to the location in this country, and the com- fort which settlers would have from such determination would ^ very '^reat indeed. It would enable them to have preparations made on the granted land before they got out to take possession of it, very essential both for comfort and economy. I am vour Lorpship's obedient servant, ROBERT GOURLAY. Earl Bathurst. Sir, No. 4. Downing-streety September lUh, 1821. In reply to your letter of the 7lh instant, addressed to Lord Bathurst, I am directed by his Lordship to acquaint you, that it is impossible to give you any more definite answer than what you have ..i.^„^,. .«o^:»o^ rocnpcfinff jrrants of land to individuals proceeding ii' 390 to the North Anicricnn Colonies, the local government being the only fit judges of the means which a parly may possess for cultivaling lands in the province, and of the extent which it .nay be proper to assign to them. I am. Sir, Your most obedient humble servant, HENRY GOULBURN. Mr. Robert Gourlay. ill M^' I* No. 5. Margate, 2d October, 1821. My Lord, Mr. Goulhurn's letter of 15th ultimo, in reply to mine of the 7th, addressed lo your Lordship, reached me in course, but ill health, which has obliged me to come to this place for r»:covery, has caused me to delay again troubling your Lordship on the subject of emi- gration. I have, indt-ed, hesitated a little, whether 1 should con- tinue this correspondence, being very unwilling to make unavailing trouble. On mature reflection, however, I feel that I should not be satisfied with myself without more particularly communicating my views; and your Lordship will, I trust, listen to explanation whatever be the result. Mr. Goulburn says, in his letter to me, " It is impossible to give '• you any more definite answer than what you have already re- " ceived respecting grants of land to individuals proceeding to " North American Colonies.'' Now, what I wish to treat about does uot concern me as an individual only. As an individual, I could readily procure, on going either to Canada or to the United States of America, more land than I could myself cultivate. It is uow four years since 1 first proposed to conduct to Canada a large party of settlers, and, indeed, to make a continued business of promoting emigration. I studied the subject in Canada, found that my scheme could be put in practice, at once to my own and the public benefit, aud took every means to qualify myself for the undertaking. I sent home three letters to be presented to your Lordship, all with one uniform and settled determinalion ; and as I iiave more and more reflected on what I had, and still liave in view, the more am I inclined to pro- ceed. The letters alluded to were dated 3d November, 1817. February 7th, 1818, and 24th March, 1818; and, no doubt, were shown to your Lordship, through the medium of Sir Henry Torrens. In these letters I spoke of a contract which I was desirous to make with Government for the sealement of Canada with British subjects ; and it is this contract which I would willingly engage with. Und»^r this contract I could pay to Government a considerable sum of money for the land, and greatly promote the comfort and prosperity of settlers. Although the value of land has of late years greatly fallen America, I could afford to pay Government one dollar per acre say for one million of acres to begin with, by three instalments, at the end of five, six, »nd seven years, and so on for an indefinite I u tt (( (< «( ({ « Ill being tlic 'or cultivaling be proper to ' servant, JOULBURN. hiober, 1821. ie of the 7tli, ut ill healtj], y, has caused bject of emi- [ should con- ke unavailing should not be unicating my tion whatever tssible to give e already re- »roceeding to I treat about iduai, I could lited States of ow four years ly of settlers, ig emigration, could be put jd took every : home three uniform and reflected on !lined to pro- iraber, 1817. doubt, were inry Torrens. irous to make tish subjects ; mill. UndiT lum of money prosperity of greatly fallen ^llar per acre istalments, at an indefinite I 191 term, receiving more and more land from Government to settle, as the process went on, and payments were made good. Could your Lordship come to a resolution to promote a liberal scheme of this sort, within the present month of Octv,ber, I could go out to Canada, have arrangements made for settlement, and be back before April next, to conduct settlers to their destination : nothing more would be required than your Lordship's countenance to enable every thing to be managed to the best advantage. This country could spare 50,0U0 people annually to be thus conducted abroad, and I should have no difficulty to procure 10,000 to go out in one body, by April next. When your Lordship has entered into a thorough investigation of the subject, these numbers will not appear at all extravagant to reckon upon, nor will there seem any difficulty in managing the concern. The distress throughout the country for want of work is general, and, after the ensuing term of Michaelmas, will be greatly increased. No rise in the price of corn will enable farmers to employ labourers so liberally this winter ensuing as they did last winter, and curtailing employment in Government works, as is now done, by throwing labourers idle one day out of six, will, I am afraid, greatly aggravate misfortnne. Emigration to the fullest extent, would not much abate this distress, as it proceeds from extraordinary causes, which require special remedies ; but a timely disposition on the part of Government, to promote any species or degree of relief, would assist in lessening discontent. My hope of establishing a liberal system of emigration does not rest on the present emergency, nor any temporary distress. Emigration could be carried to greatest ex'tent;, and with best effect were the country flourishing. In the mean time, public calamity ought certainly to plead for its en- couragement ; and I|hope your Lordship may still take serious thought of the subject. Your Lordship must no doubt have the fullest in- formation from cve'ry quarter as to the state of the country, and can need none from me. Having viewed both England and Scotland, however, all over from north to south, and from east to west, with my own eyes within the last two years, and having, from time to time, information from intelligent correspondents in various quar- ters, I cannot resist expressing anxiety and dread of consequences. On the subject of emigration, I shall here beg leave to transcribe part of a letter from one of my friends, dated 23d August, 1821 : '* You may get as many people as you please to go from with " you to Canada. More than half the farmers have been thrown " out in the late bad times, and will not require much persuasion to " emigrate. There is one family that I have spoke to, (I mean one " of the sons,) that will gladly go, and as he was bred to the dairy *' system, he might make a figure in that capacity. He would soon " get a dairy-woman with him for a wife. They rented a farm within a " mile of , at £517 of rent, onf which they had thirty-eight " as line cows as were in the country. They failed, and were turned " out with great severity. Their stock sold at less than half price, " and the farm is now let at £200 : they paid rent five years, (I set " them the land myself,) and lost at least £ldOO by the concern, of " this £500 by the harsh roitp (sale by auction) of their stock." I ■ If t ■ , i . i ) ■ - ' 192 «' Everv season great ship-loads of people emigrate from Gree- *' nock to Canada. There is a cargo of 600 or 800 making up just " n6w bv a Greenock vessel, but loading at Fort William. But *' from Greenock itself, every ship canies out emigrants, cluelly " counly people from the counties of Renfrew and Ayr. Were 1 " twei!ty years younger, I would go myself." How noble and generous would it be, my Lord, to set about ar- ranning plans, by which such poor distressed people as those above spoken of could have something likecerlainty and comfort to look tor- ward to in the colonies, whit her they are desirous to proceed. Emigrants now go out to Canada only upon a chance of getting land worth ac- ceptance ; a thousand doubts torment them— a thousand difficuUies and disappointments wait upon their movements. From their native country and the society of friends, they have to enter into gloomy solitude— they have to cut out the road before them in the wilder- ness; they have there to take up tluir abode, while yet unskilled in the art ot'sotllemenl, and unprepared by experience to guard against numerous and frightful accidents ; tl.ey have often to strive at once against poverty and sickness. Not one in ten of those who go out to Canada have within themselves the means of making comfortable commencement ; and not the half of these can put even sufficient means to speedy and economical account, for want ot plan and arrangement. Public arrangements for emigrants were miserable when 1 was abroad. They are yet altogether defective, and every ac- count sent home gives proof of consequent misery. All this can be prevented by your Lordship's endeavours, if seriously and strenuously applied. It was reported to me, on coming home, that your Lordship had said, on hearing some representation which I had made as to distress of the emigrants, that I should take care of myself (" the reformer should take care of himself"); and no doubt it would be well could I do so. Could I do this, and benefit tens of thousands of my fellow-creatures, surely it would still be better. I have suf- fered more disappoiiituieut than, perlraps, aiiv man alive, and hold no enviable situation at present ; yet, my Lord, such is the consolation from good intention, that the balance of enjoyment may not,after all, be greatly against me. It is in your Lordship's power to set on foot a scheme of benevolence beyond any thing yet witnessed by the world ; it is my delight to refloct even upon the possibility of such being realized.' Thcie is not a man who is desirous of quitting the counlrv, that it is not politic for Government to aid in getting out of it ; at 'least, if he is willing lo settle in a Uritish colony. There he can be so placed as to reimbuise every charge incurred by his remo- val from home. It would be wrong in me lo attempt going into any detail for your Lordship's information as to plans of settlement, on this occasion ; but I shall at all times be ready to wait upon your Lord- ship with every particular, if required. Last year, the Chancellor ot the Exchequer said that "His Majesty's ministers were diposed to " adopt every measure which could really contribute to the reliet " of the labouring classes." Now, my Lord, I declare myself ready to lay before you a practical scheme for mitigating distress by emi- gration. With reflection on the above quotation, your Lordship e from Gree- laking up just iVilliam. But grants, chiefly Ayr. Were I » set about ar- 93 those above irt to look for- ed. Emigrants land worth ac- difticulliesand 1 their native ir into gloomy in the wilder- ^t unskilled in » guard against strive at once who go out to g comfortable even sufficient : of plan and vcre miserable and every ac-' !\.ll this can be nd strenuously your Lordship )d made as to mvself ("the bt it would be s of thousands . I have suf- 'c, and hold no he consolation y not, after all, to set on foot nessed by the libility of sticli )f quitting the I getting out of ny. There he d by his remo- going into any settlement, on pon your Lord- f Chancellor of 'ere diposed to lie to the relief re myself ready listress by emi- your Lordship 193 must be iensible that more than the labouring classes want rolief* •' More than half the farmers have been thrown out in the late bad " times, and will not require much persuasion to emiuratc." These are the words of my friend— a man of the first-rate intelligence upon such a subject. These words should seriously be considered by your Lordship, and they may be submitted to the Chancellor of the Exchequer with my offer of a scheme for mitigating distress. Ilis Majesty's ministers can determine immediately as to granting land in Canada", and all that would be required at present, would be an as- surance that as many people as were willing by April next, should be allowed to settle down so compactly together as best to promote the general good. Your Lordship must know that one-seventh of all the wild land in Canada, when it comes to be surveyed for settle- ment, must be set aside, and appropriated for the maintenance of a Protestant clergy, and this being settled by law, cannot be altered but by the interference of the Imperial Parliament. My plan could proceed without any alteration of this law; but were it shown that it would be for general good that the law should be changed, this, I doubt not, could readily be accomplished during the next session of Parliament, in time to let settlement in Canada proceed free of ob- struction. I have not supposed that your Lordship is ignorant of my peculiar situation connected with Upper Canada. Did your Lord>liip labour under any prejudice or misapprehension as to this, it would still be wrong to allow any thing of the kind to iulercept scln'ines of public beneficence. If my schemes can be shown to be angelic, your Lordship is welcome to believe me diabolical. My schemes can be executed very well, even without my personal en- gagement in the performance of them. I have spoken of going out to Canada forthwith, to prepare the way for emigrants, but any other person miglit go in my place. I have spoken of it rather to show my zeal for public good than with any particular relish for winter voyages ; and n)ore than a year ago, 1 told Sir James Mackintosh thdt 1 should submit to go out in chains rather than that the cause of well-couducteil emigration should fail. If a million of acres seem too many at once to contract for or to talk about, a township of ()4,()00 acres would give room sulticient to make an experiment on. To arrange for the settlement of a single township, I should go out to Canada, if required by Government, without a farthing of emolument, and merely upon payment of my expenses. The important point is, to have matters determined on within the present mouth of Octoher. I shall be again in town by the end of this week, and shall be happy to have a definite reply to my suggestions by Monday or Tuesday next addressed to me as before. I am, Your Lordship's obedient Servant, ROBERT GOUULAY. Earl Bathurst. 2 e 194 r, m Sir, No. G. Downing-street, October 11, 1821. I am directed by Lord r>atliurst to acknowledge the receipt of your letter of the 2d instant, stating in nply to my for- mer communication, that it is not your object to settle individitally in •Canada, but that you are anxious to enter into some contract willi Government for conductin<,' emigrants to that colony on a v«ry large scale; and to acquaint you in reply, that from what is stated in your letter, Lord Bathurst cannot encourage any expectation of his giving his sanction to the measure you have in contemplation. I am, sir, your obedient servant, ' • HENRY GOULBURN. Mr. Robtrt Gourlay. (B. 44.) To the Right Honourable the Earl of Eldon. House of Correction, Cold-bath-fields, October 18t niformalion. Let me, then, call upon your Lordship, as a Minister of Slate, instantly to assist in checknig a measure so disgraceful and thriftless. Let neither the Canada Company, nor any other, have land in the Colonies, till matters are belter understood. I, my Lord, do not scruple to say that i have studied this subject, with that of emigration, longer and more deeply 11, 1821. owloflgc the \y to inv for- iiiividitiillv ill L-oiitract uilli I a v«'ry lar};e tated ill your of Ills giving nt, OULBURN. Ion. d-bath-Jields, Vlb. 824, I stated Government hont conmlt- might accrue preparation." lie House of l)0vt' was eii- e, sent home , -ietliiifj forth and that the Uiin two remi- nd, after ten (red thousand be exaiiiined iiled by your it the reserved be made over sixpence per e traiiiaelion. i made worth ter the fullest len, call upon t in checking the Canada ill matters are f that i have I more deeply 105 than any other individual; and that on both, the general ignorance '' ?Tm n'm'to make an offer at the risk of prolonoed confinement „n the plea of iusanilv. It 's Hiis : let me be visited, examined, and assisted in this house, and I shall undertake to draw out a pla"; »' «» fewwerks. by which 50.000 people sha I cheerluly remove them- selves every ^ar from the United Kingdom '"'«' \>'%^;!';7.J„V'^"i whereby Ciov.rim.ent may have an annual payment of £o00.000 by Tale of the public lands. This plan shall begin for the advantage, as well of the Mother Country as the Colonies, next spring, and be in full operation bv the end of five years, to continue without abate- nient.till the whole of the good land abroad is occupied 1 HI my plan is fairly in operation, and found to be ertectual, I shall remain wilhiiithese walls: and should I fail to make it appear practicable, shall willingly be imprisoned for lite. Mv Lord, what is the national debt, but the record of mdlions earned by the skill and industry of the people of this country, wasted in war and misery? Think, then, what maybe earned, it, during a period of peace and happiness, the same skill -^"^ indus ry had increased room for action and was rightly stimulated ! llmk of this, my Lord, while you have yet some days ot the long vacaliou to spend in the country; free from the stupifying eftects ot law, and unconfined by the littleness of the Cabinet. Your Lordship's obedient servant, ROBERT GOURLAY. (B. 45.) To His Most Kvcellent Majesty George the Fourth, Sovereign of the United Kingdom of Great Britain and Ireland, ftc. &c. House of Correction, Cold-bath fields, October 20th, 1825. This letter is written not in expectation that it will be read, or ever, listened to. by vour Majesty. Had my former letters been sub- niitled to, your Majesty's gracious consideration, I would not have been here/or ha.c,. that no stone is unturned in a good cause; and that as I have spoken boldly hitherto, 1 may be entitled to continue to "mils were introduced into Parl-cMiient last session, and passed, allowing Ministers to treat with companies for th.e sale of public lands in Canada and Van Dieman's Land. Against the first of these 1 protested by petition to the House of Commons, and against both by petition to the Lords. „ .t i j u * The law. as it now stands, permits Ministers to sell the lauds; but, UP to this time, it is hoped no bargain has been concluded. It has come to my knowledge that a value of three shilhngs and sixpence :^l ! ! ! r, i r^ =i 19(^ )>rr acre lius beon put on the lands of Upper Canada, for disposal, al this rate, to tlie Company. Sire ! this is scamhdous. These lands may be raised to ten limes nay, to a hundred times that amount of worth by proper management ; and were I never to issue from the arched, grated, and unplustered cell which now holds me, I could so direct that this highest value mij^ht l)e obtained at no dij-lant day. For selling hind, where is the necessity of making it over by the great, to a company, wlien a single auctioneer, well directecl and controlled, conid eHect sales from time to time, as required, to much greater advantage r Rut the chief concern should regard the previous arrangement, — the laying out of the land, and establishing a grand system of emi- gration on sound and liberal principles. It is now eight years since I, travelling in America, discovered the leading principles, no where yet acted on, which should govern emi- gration and settlement in a new country ; and, since then, I have deeply studied the subject in all its bearings. Sire ! on the right ordering of property the happiness of society mainly depends. To re-arrange in an old country would be dan- gerous, and perhaps impossible. In an unsettled country, properly may be disposed of to perfection"; not only for the speedy produc- tion of wealth, but the comfort of settlers and rapid advancement of civilizati(>n. Tlic United Kingdom could spare fifty thousand people for emi- gration annually, and be refreshed by the discharge. Let the waste lands of the Enjpire, in North Americii, the Cape of Good Hope, New South Wales, and Van Dicman's land be rightly laid out — let judicious plans be adopted, and this number of people .>>hall remove themselves, afford an yearly payment to the Crown of half a million, and remain for ever the most loyal subjects. It is not for me now to explain ; but I am here in hold, and shall submit to im])risoimient foi life, if I fail to make what is said above evident, provided your Majesty will cause me to be visiteilaut >liall remove ilf a million, Id, and shall s said above il, examined, in the press, J be well if )r the Home :t. aOURLAY.