IMAGE EVALUATION TEST TARGET (MT-3] / A ^/ ./.«•. ^3 "^ .^ C ^^,4^ ^ m^/^ ^£o rA 1.0 I.I ^1^ 121 ■^ i^ 12.2 £ U& 12.0 1.25 1.4 1.6 ■^ 6" — ^ w Photographic Sci^ces Corporation 4- ;\ # -^\\ ^V %^ 6^ ^a derniire page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon ie cas. Tous les autres exemplaires originaux sont film6s en ccmmen^ant 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. The last recorded frame on each microfiche shall contain the symbol ^*^ (meaning "CON- TINUED"), or the symbol V (meaning "EMD"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Un des symboles suivants apparaitra sur la derniire image de chaque microfiche, selon le cas: le symbols — ♦► signifie "A SUIVRE", le symbole V signifie "FIN". Los cartes, planches, tableaux, etc., peuvent dtre filmis & des taux de reduction diffdrints. Lorsque le document est trop grand pour gtre reproduit en un seul cliche, il est film6 d partir de Tangle supArieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'imagas n^cessaire. Les diagrammes suivants illustrent la mdthode. ca lira. «•- ] 1 2 3 4 Is 6 m 7, ^' ASti Whfctevi 'he circula ii,bore title \ Umishes ( mxrlCt that "•ftnality sc i$ the brifc Mankind v rays it wi !0t only a ence that '{\g at noo; heck to leir perf .World, is V 4 think be ruth to sc corn, and W ?*.j»4*:; ■1 7, ^ \ .■' r EXAMINATION jp ^ m IP la Sj IB ^9 EJ^TITLED, jyj^ \ g 1931 A Statement of Facts relating to the Failure of the Bank of Upper Canada, at Kingston. BY BENJAMIN WHITNEY, ESQ. Late Pretident of the same. LY A LETTER TO THE AUTHOR. By VINDEX. No.l. Whatever other consequences may attend 'he circulation of the pamphlet which bears the ii,bore title, it will be generally allowed that it i^Umishes one more proof of the truth of the re- .jrnark, that we have fallen upon times, in which 'Aftnality scalksno longer in the dark, but snatch- '4 the bribe in public,— when rapine preys on Mankind without opposition, and perjury be- rays it without inquiry ; — when irreli^ion is !0t only avowed but boasted, and the pesti- ence that used to walk m darkness, is destroy- ng at noon-day. Whether it will be giving a heck to these enormities, to exhibit one of leir perpetrators in naked deformity to the, .World, is what no man can promise ; but it will 4 thinl: be some satisfaction to tlie lovers of ruth to see one of its enemies, exposed to the corn, and contempt of such, as consider virtue necessary. In the attainment of happiness. Whe- ther or not there are others in the community to whom these observations would apply, e- qually witli yourself, I will not now stop to en- quire, but proceed to the subject, the conside- ration of which has induced me to trouble the public with this communication. When it was announced some months ago lat you intended to publish a vindication of arselffrom the charges that had been brought •ainslyour conduct, (butwlxith for somi Tea- |son not explained you hay& delayed untn t'^is ■late period) as President *pf Ihe late Uankinp; ^ Institution of this Town, il'-i\"ash<5ped by all, and*' believed by many, that I't'^^vould at least so far' • diiTer from your former ' publications on the •• same subject, as to be tnnceived in terms ra- » tional if not convincing, — prudent if not escul- 'iM '« I fa (2) pfttory : certtiil 1 am however, that not one in twenty, who may have read your pamphlet, (if indeed »o many as the latter number have read it) have concluded the pefuud, without being left in doubt which motrt to woade» at, yvurfsU ly, or your audacity ! — Most men would discov- er that to continue (in tlie same strain) a o«n- troveray, which had brought its author into u- niversal contempt, and which had caused all hoMf at men to shuu his society, was but adding fresh inducements to the virtuous of the com- munity, to keep aloof from hitn. — This, howeT. er jro7«seem to hiive overlooked, or disregarded, and the folly manifested by your publication is, that you either do not consider the privilege of associating with good men, as of any conse- 2uence, or that your vanity has so bliMtedyouff iscerning powers, that you have not discover- ed hov/ universally yott are condemned, and shunned, on account of the slanders you have heretofore promulgated. For your audacity however it is not «o easy to account— when the assassin raises his arm to destroy his victim, it rarely happens that he executes his deadly pur- pose in open day, in the midst of uiimerous witnesses of unquestionable integrity, who are not only ready to secure him for punishment, but capable of giving the most unequivocal, and incontrovertible proofs of his gi'ilt : ~hat had occurred. It (the ntoneyjtvas given him for the purpose of be» ing delivered to the Bank of Kingston, and vfa6 not addressed to any particular person ; at the tame time received a letter for Bartlet, was unac* quamted -with its contents, sent the tetter to the Bank, but told Bartlet nothing af themoneif. A meecmg of the StockliolUers and Directors took place on the day after his return, at which he stated the object of his journey, and the fact of his having received the mo- ney, and that he would place the same in the vaults of the Bank the moment he could with safety do it, that is as soon as the affairs of the Bank were organizedj as they now seem- ed in a state of anarchy. Gumming, Mur- ney, and McLean were present, all expres- 8rd satisfaction at hia conduct except Mc- Lean ; and he told him that if he would not be so impatient all would come out right as respected himself. On the return of Mr. ffagerman a meeting was called, tuhich Whitney •teas invited to attend, and was requested to resign his situation as President, and that Bartlet should also resign ; he declined doing so, in consequence of being bound as security for Jhr, Bartlet, als» for a sum of money payable to the Canada Bank, all which the Directors offered to indemnify Aijn inp and publish a resolution, that tooidd remove any stigma on his character. This was Saturday, and witness said if ihey \fou\d give him till Monday he ivould give an answer. On that day he did SO resign, upon the terms proposed, asd 1'po» SECEIVINC X500, VTHIlH WaS UNASIMOUSIT TO- TKD HIM, L250 TO BE tktU IMMEDIATrXT, A»D X250 WEES THE ATFAIR9 OF THE BaNK WOULD iLLow. Since which time he has had nothing to do whh the affairs of the Bank. The iSOOO was not demanded of oisf, but he Stated at the meeting as before, that upon the reorganization of the Bank, he would pay in the 8000/.— The 8000/. w\s Not rA;i> in «»- »lt THE ABOVR AKHiiSGEMKNT WAS EFFECTED. Before the charges were preferred, Rich- mond asked witness if he did not think Bartlet had been making use of the money, and said that Mr. Hagerman previous to his departure, had iuformed hiro that he suspected this was tliecase. SIR, Thft read yuui that the ] publishin was to ci ing that t Bank too! aident, ar you affirn of truth, and neve wickedne generally ficient to that your ferring tc your Par therein s Sentiment truth,^tl Base insif gratificat charactei credit fo who can i ing disgu! author, ders to in from youi ti'ary you tradiction doubt up hrst parai fore the ( bly, a sta had an o[ and upon would not quently f< aa possib found tha ONLV Fi weeks BE suspected And on th you were you ttatei you tusip (5) No. 3. SIR, ThMe who li«ve taken the tremble to md your Pamphlet, will at once ptrctWt th»t th» priRcipal objea j'ou had in view in publishing it, (next to r^iculpating; yourself) was to criminiitc Mr. Hagerman, by shew- ing that the abstraction of the fund* of the Banl: took place after yon ceased to be Pre- aident, and during the time he (Mr. H. as you affirm) officiated aa aiich. The language of truth, Mr. Whitney, is always consistent, and never can b« controverted, but that of wickedness is invariably contradictory, and generftlly self- condemning. It would be suf- ficient to convince any unprejudiced mtnd» that yours is of the latter class, by simply re* ferring to the style and temper exhibited in your Pamphlet. In vain will the readtr therein search for the dignity of virtuous sentiments, — the plain unvarnished tale of truth,— the language of injured innocence ?— Base insinuations, having for their object the gratification of inveterate malice, stamp the character of every page ; and I give little credit for generous feelings to that man, who can conclude the perusal without feel- ing disgust, and abhorrence, for its hearties* author. But Sir, you have not left your rea- ders to infer that your story is false, merely from your manner of telling it ; on the con- trary you have heedlessly recorded your con- tradiction of yourself ; — let such as feel any doubt upon the subject, examine the very first paragraph of your statement, given be- fore the Committee of the House of Assem- bly, a statement made before persons who had an opportunity of cross-questioning you, and upon an occasion where prevarication would not avail you ; and where you conse- quently felt constrained to adhere as nearly as possible to the truth ; it will there be found that you declared yourself to bv ** the ONLv President /" and that *' for tome weeks BEFORE the failure of the Bank, you ausfiected its funds had been abstracted /" And on the 29th of August, the day on which you were ** suspended," you declare, •• that you atated t9 the Board of Directors^ that you tua/teciad the deficiency amounted to X3000 er X4000 • !" Now Sir, will yoa be **kind enough" to explMu tothc palilic why not one word of thia is ael forth in your Pam- phlet .> will you be *• good enough" at the tame time, to nfcr to the *:Jth page of said production, and inform such as you hope to convince of the tmth of any thing you can •ay, how it happens that you thert eiidrav- our to imprrss the public with an opinicn, that thia deficiency did not occur until a month after you ceased to be President ^— bearing in mind that you arc at the sunie lime to account for having told *' John Mc- Lean, Esq. aeveral daya before your auafien* aion, that you believed the amount abatraC' ted to be 2,4000 ! ! And for your cwn aake^ be ** good enough** to account fur the aur- firiaing exactness ^f your gueaa /—for let the i-eader bear in mind thai the total defi- ciency ascertained in the funds of the Bank was £586i, of which sura £1978 were dia- counted notes, not forthcoming, (theabKnce of which you were not aware of, as you stale that ycu had not examined them) so that the deficiency in cash as su^ected by you, was actually about i.4000 ! ! Having thus pointed out some otihtftoa' itive contradictions you have been guilty of in your two statements, I beg the reader next to notice how totally different they are in tone, and in narrative, so far as rt latei to the slander of several individuals, and in par- ticular of Mr. Hagerman. Why you should have withheld frovn the Committee, and from the House of Assembly, at whose bar you were twice heard, information of the cii^ cumstances you affirmed to be true, in the Legislative Council Cliamber, and have since published to the world, most persona will not easily comprehend ; but a few word* will explain the mystery. It was not until after your conduct as President of the Bank had been pronounced *' infamous** by the highly respectable Chairman of the select comniiittee, (a judgnaent authwized by your own statement of your measures) that tfie malice natural to your depraved heart was excited : and when you found that your at- tempts to free yourself from just responsi- bility wci'e oppostd by those you insoltutly B (O imtgiMcl wouM h«ve ftsiistecl f ou in your c*.e* ttgns, your indignation knew no bovind* ; then it was that you detern/med, that if you were to be consigned to the odium and contempt of mani^ind, you would at least endeavour to procure to yoursellf the satisfaction, ol sprc arling desolation about you, by the de9> iruction of the fair fame of those Mrlio hnU virtue enough to resist your unjust preten* slonsi. The reflt-ction* that present them- selves to the mind, o\\ this part of your coa- duct, arena in erou!», but they shall be for the present suspended : they will come more opportunely when I have completed the ejc- atntnatiod I have undertaken. I here dismiss furihtr notice of particular instances of contradictions and injonsisten- cte^ your two statements oppose to each o- Iher, (although I shall in all probability have occasion hert-aFter to contrast them) ami will now confine myself to the refuting of ■wch other parts of your Pamphlet as are false, by reference to living witnesses, and as they will be pi rsons of the very first r«rspec- tability, possessing too much honor to allovr their namr-s to be made use of for the pur* pose cf giving currency to untruth. I have not the slightest doubt but that any one of ihem will promptly contradict any mistate* tnent I may make, for the correctness of which I improperly apptal to them, Kingtleitt 7th jiuguU^ 162S. Mil* EnsTov, I will thank you to insert in your next Herald, the enclosed letter received by mc this day. It affords another proof of Mr- Whitney's talent for fabrication. Those who are acquainted with Mr. Richmond know him to be possessed of loo high a re- gard for truth, to doubt the correctness of a- ny thing he thufi positively afhrms. Yours. VINDEX, Sib, TO VLVDEX. 9IB, In your statement of Mr. Whttncy'a evidence before the House of Assembly, I find the following vnQvds i *i Before the charges were preferred, Ricbmnnt! ngked witness if hft did not tliink Bartlct had been making use of the monpy, and said that Mr. Hagcrman previous to Ms depar- ture* had informed hm that he suspected this was the case.** I beg leave to assure yon most solemn- l/f that this is a gross and slanderous faUehocd, no such conversation passed between Whitney and myself, nor did Mr. Hagcrman ever say any thing lo mo of the nature here stated. The whol** is a scandalous fabrication, like thd most that has appeared front him before the public* You are at liberty to apply this com- munication to whatevf r use you may think proper. I am, Sir, Your most <^edtent servant, ARCH. RICHMOND. No. 4. S!R, In tlie very first sentence of your pubh cation you Insinuate a falsehood, viz. that Mr. liaVtlet Mras assisttd by Mr. Hagcrman in his Pamphlet : so far froi 'his being the fact, that gentleman never even heard of Mr. Bai^let's intention to publish any $tate> ment, 'ind when it appeared Mr. H. at onct* condemned the measure j and in proof of this I have not the least tlcubt but that Mr. Bartlet would at any time make oath, if re- quired. From the 1st to the 19th page, your Pam- phlet is taken up with a statement of your i)roceedings, from the time of your return lo vingston in Junr, to the period of your resig- nation of the office of President : ail of whicli I shall for the present pass over, intending in a subsequent part of this letter, to prove that supposing ait you relate of your con- duct in thosf pages to be true, howr rom- ptctely you have shewn yourself to have been '...^■^^^f^ (?) rif! naked irtlet had anJ tatd usdepar- kUspccted i snleron- andcrous n passed ) nor dill iig 10 tno whol-* is .1 Ihd most I efore the I hU com* I uajr think ; rant, lOND. ur publj vtz, that [ag*:rmari being the heard of ny state- L at oncf pt'oof ot" that Mr. uh, if re- ourPam- t of your return to ; of whicli intending to prove ^•our con- \ovt torn- lave been un/it^ and unworthtf, to hold the highly res- pectable and responsible tiiaation of Presi- dent to a Banking association, a auuaiton re- quiring two tssentiul qttaUlies, ** ability and ^nteffrittjt" both of which, (to the dire mis- fortune of those, who incatttiously permitted tliemsetves to be associated with yoit.) you l)ave proved yourself lobe so lamentably de- ficient in. It would be extending this letter to an un- reasonable and unprofitable length, to copy the worlds in which you relate your tnte, and therefore I shall merely take the snbstance of your statement, Ymi would have it be- lieved that the conditions on which you a- greed to resign, namely, 1st, a release from the bond given by you as surety for Mr, Bart- Ict, 2dly, indemnity against the note of JUOO/. in Montreal, Sdly, the sale of a portion of vour Stock, and -Ithly, a plaster for your i»i- jured reputation, were 'lU with alacrity con- ce so to do, that although yourti. had been injudicious, and ill advised, yetnc was persuaded that you had not obtained it for any dishonest purpose i he therefore recommended, (notwithstan- ding your suspension) that you shnuld be re- quest^l to attend the boa J at its next sit- ting ; to this there was some objection, but his advice prevailed, and you accordingly in pursuance of a request made through him, attended the meeting the follfiwmg evening, to which time it had adjourned. But what was his astonishment, as well as that of some others i>f the Directors, when ym percmft* torihj refused /o resign a* President, or to deliver u/i the 8000/. unless the terms Vfhich wen' aficrivards granted tjM were agreed to ! So tar from being disposed to givf up th; ail- vantage , ou supposed you possessed in hav- ing so large a sum of the funrfs of the Insti- tution in your hands, and out of which there w:»snft mcann « f wr* sting it th>< j- itt declof ed you xooxihlnot even deposit the bills *n the hands tfthe Hon G. //. JViarkland, or Jlf»«. Kir by. -with either of whom it -toixs proposed to yau to hdsfC them^ war intould yon at 0,(1 part with them, unless the te'-ms dictated by ^urseli Cand not proposed ♦' (S) « jj. Lt,"', Jt'uiUu4f ;ua -.'-u dctgriiuiMsd you w«rt UtfKtrca iU wuuUi4«r« 4utl utiei* iMiaie drtit}i*ri«tion it wskn (Utvniiitud tno/ft rsiuc- tantly, hj a majority dtha ditard, tliut as it wu llli(>ua»iuic iO icftiolt. Uic cr«tiit ot tue b«iik* •o lung u yov wtrre in (los^hsiou ut' «o lArg« an antouiit of Us luiid»» whtcti you migUt wh^nyoM (WcascU put in citxuldtiont it wculd be belter tu agree to the ternts you inipoeed^ than to forego the chance of keeping the In- stitution from total failure ; you were accor- dingly again called in, and iiiformei), that oa the Monday morning following you should bring down the money lu your possKSsion* And your terms should be comp^icu witii. Oa that morning you made your appearaucCt but ^Tithout the money ; youthen for the first time informed the board that you had left 60001. ui Mon*^^rtal, and ItMned lOOOi, morfi to Messrs. Gates (^ Co- You however brought with you ft rcsolntioa relative to your character, which was w disgusiingljr drawn up, that it was rejected the moment at was heard, and tl^.ose drawn by Mr. Ha- german, as a matter of necessity, substitu- ted. When all this was done, discovering the |K)wer you hiid in your hands, you wcro rtsolved to exert It to the full, and therefore notwithsianciin^ all you at hrst den^anded •was granted you, you stated a n»sw objection to giving up the money, and peremptorily refused to do so, unless you were allowed 500/. as a compensation for services you al- leged you had performed. This proposal, to unexpected, and so entirely unjust, exd- ttd universal indignation ; there was not 4 Director present who did not exclaim against It, and it w.is accordingly unhesitatingly re- fused. As you however persisted in claim- Jns t\\t i»U«)wanfe. and that too by having it immedately entUrtedon one 9i ytturnota t and in case ut retuKctl threattfiiii^ lo retain lie nio- nf>¥,it was at bngth agreed (ex necczeitatej that it should De allowed yott iu the manner fitated in the resolutions, Tliis statement of the ifuth of the abovo transaction, will I trust answer two purpo- sed, iiisty 4iat of exposing your vUUiny, (par- don gentle reader the apparent mdencii of th« phrase.) and secondly, in some measure exculpatmg the Directors from charges of improper conduct, (almost universally brought ag74nst them by the Stoc't holders) in squandering their funds on so unworthy an o )}ect ; thty will »ec th«t the Directors were cotrced and comfuU^d into a measure^ the injustice of which they detrpty felt. It may be proper here to explain why Mr. Bartlet did not resign, as was proposed. The reason ir 'plainly this ! when it was first fita- ted to Mr. Bartlet that it would be proper for him to give up his situation in the Bank, he at once expressed his willingnesis to do to if requif-ed. At a subsequent meeting howevc^ he stated, that as it had been re^ ported by Mr. Whitney that a large propor- tion of the funds of the Bank had been sto- len, anda» he vaa responsible far any dejictencyp he thougnt It but right that he should retain his situation until the true state of the funds of the Institution could be enquired into ; at the same time expressing a wish that some person in whom the Directors had confidence might be associated wiih him, to witness his conducts T!iere was $• much of reasona- bleness in these remarks, that the Directors acquiesced in them. Mr. Stanton, a gentle- man of known honor and probity as well as ability, was (i!:sociated with Mr. Bartlet, who continued io fulfil the duties of Cashier, un- til the investigation reported by Messrs. Stantoi, Thomson, McDonell, and Radiger was concluded.. ■-.iirfss*.^ Stnewof meaiure argd of iversatljr holders) in worthy )irL*ctors tn<:a$ure» It. why Mr. iecl. The fii-st 6ta- ! proper \e Bank, 5S to 4o meeting been re-* \ propor- )een sto- Id retain he funds into ; at at some infidence tness his reasona- 3ircctors I gentle- s \rell as tlet, who liier, un- Measrs. Radiger (9) No* 8* SlRi The next instance of mlsi-eprescntatlon, wiiich I shall ailvcrt to, is one you seem to have no small anxiety to impress on *hc pub- lic as a tvuth : I allude to »hut in wh«c!» you aftirm,lhatMp. Hiif^rman tmcccedrd vou as Pnnidint ut he hail tiucccc-kd to any \>Uti' you wvrt ever rni- »i«i red worthy lo fill, it uoultl he of little couscnucuce to contr A'f e- Irrttd : Mr 11. at once drcland that no eorj- sideration nvjutd induce lumjo accfJi/ie ff five &/ Ptrsidenl^ but ih it if W\s brother l)i; rectors thoui^'lit, that thr busim ss of the In- stitution would derive any acJvantagt; fro.ii his presiding at tUtir met-tings, he Mould do so. as it was his anxious wi»h to lend all the assistance in his powt-r, towards bringing the affinrsof ll e Bank to a satisfactory conclu- sion : at the same tiaie however, he partic- ularly stipulated, that n-s notice whatev r was to be taken ol \\\s pt. rf )r:uing trvvn thi? duty, but among ih- lusilv* s. From this statement, and for confii mation of ih^ truth of witich appeal is made to in>; ycur malice, autl hjcoiisistrncy : %cur ohjcct in endeav oiirtiig to ifiiprr.HS tlie public with an opin- ion, lli:»t M«-. II. was actu.dly Prcsidt-nt of tfic BHuk. anstfs fro^n an arjxiety on your part, to have it I. .- w'l that he wasinlt- mately asriociattd Vuh, and acting in con- cert with Mr. Bardlet ; and a* you srtm to consider it as ti matter adnjiltrd on all hands, lluit he (Mr. B.) was iht- peculator, you think by this mcun* Vf u will entatjltsh an u- iiiversal boliif, tint Mr. M. shand lljc '♦///- ro'/r;!//*//".'*— .Vulgar, dctevtutde 'wretch ! ri..;t Mr. Hag. rman manifvsttd for Mr. Bariltt more consideration than the general- ity of pi ople thovight him entitled^ to, may be perhaps true, but hi fore blame is attach- ed to liim for conduct not understood, it would be well if his motivrs w«;rc rnquired into ; this Is not tho place in which an explana- tion can be properly introduced, it may here- after be entered upon, suflice it for the pre- sent to say, that every stvp of Mr. Hager- manN conduct in relation to Mr. Bavtlet, wiis fully understood, and approved of by the board of Directors, by whose advice he was cn^ir and will you also bring to mind the person who never refused to enaorse his (B's) Notes, to any amount, until he oppo- sed the schemes you appeared to him to be practising to effect the most dishonest pur- pose ?-~when you recollect that you were the person to whom 1 allude, you certainly I think, will blush (if you can feel shame,) at your folly, in now bringing it as an accusation against another, that he should act on the faith of your example. The truth is, that as long as Mr. Bartlet ruffered you to pro- ceed in your measures without interruption, you never hinted the h ast suspicion of his Wfint of integrity, I)ut the moment he oppos- ed you, you endeavoured to hold him up as being every thing that was worthless and dishonest. Your next misrepresentation is, that when the Bank stopped payment, chere was £2480 in specie in the vaults— .this you know to be false ; you know that there was nothmg like that sum on hand, but that it had been ab- stracted during the time you were President. It is quite true that it appeared from the books, that sum ought to have been forth- coming ; but such was not the fact : how much really remained I have not been able to ascertain, but every Director would feel but little hesitation in affirming, that nothing was «« abstracted" after you ceased to be Pre- sident. The next point to which I shall refer is that relating to the discontinuing of Mr. Ma- nahan, who had been employed in examin. ing the books ; and you endeavor to give a turn to this circumstance, as foolish as it is false ; you say that at the moment Mr. M. came to a conclusion tliat there was a defi- ciency in the funds, he was on some idle pre- tence sent off to York, in order to prevent his developing the knowledge he had acqui- red. Now Sir, when 't is kno^vn that Mr. Stanton and anothei- highly respectable young man, were emploveci at the same time with Mr. Manahan,for the exfiress fiurfiose of finding out that very fact, viz. what the deficiency' was, I cannot imagine how you can i)retend that he was removed to prevent its being ascertained, unless you think the persons retained less competent then Mr. Manahan, to make the discovery,— I am not disposed to enter into any discussion with au individual, who may have been actuated fay- good motives in what he has done ; but I think I may venture to say, that Mr. Mana- han has himself totally misunderstood the motives which governed several individuals connected with the Bank, in their conduct towards him. In the first place he never was discontinued, because there was the slightest M ish to prevent his coming at a true state of the affairs of the Bank ; or because any one had any doubt of his ability to inves- tigate them ; but objections were raised ti> his being employed by u person deeply iix- tcrested and to Vi to atten< anxious felt the feet no Manaha tors at tl iety on t tion in a fully sei observat lian's no' have pul I regret believe been ind the mor fercd it t statemer thv* purp tion ; on At th( Hugh N state tha reason N delicacy fdedged man : th to, but t words ; made wa fender ol on himse no cvidt-i with guil since the such as ii vestigatic fair and i ced rhe opinion o made are. it isnotni but as a satisfied persist in ployed, b by liim (l pointmcn ^'-*-^. (" ) less anil li&t when as £2480 low to be hing like been al»- ' resident. Vom the en forth- ict : how )een able ould feel t nothing be Pre- 1 refer Is Mr. Ma- examin- to give a as it is : Mr. M. IS a deft* idle pre- prevent id acqul- that Mr. pectable ame time fiurfiosc what the low you prevent link the hen Mr. I am not I with ciQ lated by ; ; but I '. Mana- ood the livid uals conduct le never vas the at a true because to inveS' 'aiicd ti> eply ii\- tcrested in the investigation then going on, and to whose objections the board was bound to attend ; several of the Directors were anxious that he should be retained, but they felt the necessity of discontinuing bin). I feel no hesitation in saying that had Mr. Manahan enquired of any one of the Direc- tors at the time, or (if he still feels any anx- iety on the subject) even now puts the ques- tion in a reasonable manner, he will be made fully sensible of the truth of the foregoing observations. I have noticed Mr. Mana- han's note addressed to you, and which you have published at the end of your Pamphlet. I regret that a person so respectable as I believe Mr. Manahan to be, should have been induced to allow you to use his name, the more particularly as I think he has suf- fered it to be employed in giving currency to statements, that have been circulated for th>? purposes of calumny and misrepresenta- tion ; one of which I shall now point out. At the first meeting of the Stockholders, Hugh McGregor, Esq. in the Chair, you state that Mr. Hagerman explained that the reason Mr. Manahan was not continued was delicacy to Mr. Bartlet's feelings, and also filedged himself that Mr. B. was an innocent man : the first point I shall not again reftr to, but the httf r is a gross perversion of words : the declaration Mr. Hagerman made was, that he did not appear as tlie de fender of Mr. Bartlet, but he would take up- on himself to affirm, that the Directors had no evidence to induce them to charge him with guilt, on the contrary, that his conduct since the failure of the Bank, had not been such as indicated a wish to embarrass the in* vestigation of its affairs, but uas ptrfectly fair and open, and altogether such as indu- ced the Directors to entertain a favorable opinion of him. What funh r remarks he made are not remembered, and if they were, it is not necessary or important to state the sn; but as a proof that the Stockholders were satisfied with his explanation, they did not persist in requiring Mr. Manahan to be em- ployed, but adopted the measures sugg. sted by liim (Mr. H.) nnd those only, viz. the ap- pointment of a higlily respectable coraaiit- tee, to be associated with the Director?, for the purpose of witnessing the measures they found it necessarv to pursue, in bringing the affairs of the Institution to a conclusion, and make a report to the Stockholders ot the state of its funds, and of the causes which led to its tailure. The Resolutions adopteil on this occasion were drav. n up by Mr. Ha- german, the silly Chairman not being com- petent to perform his duty in that respect. By the bye, as you were not yourself pres- ent, will you be good enough to inform the public, whether you obtained your informft- tion of the proceedings of this meeting front thi^ contemptible block-head .' as in such case you may relieve yoursflf from the im- putation of having fabricated aii the false- hoods your Pamphlet contains. No. 6. SIR, Although you may hav<» it in your power to Stiy that you published as true, the account your pamphlet contains of the procedings of the mi-eting referred to in my last, on the taith of some person as faithless as yourself ; you have no such excuse to plead for the false and garbled statement you have given of the occurrences of the 23d December j you were yourself present at the meeting of the Stockholders on that day, and by your conduct rendered yourself som^jwhat con- spicuous. Your munntr of relating this part of your story, is so unconnected and disgust- ing, that I shall not attempt to quote your woros, but brit.flv dttail what actually took place, Iraving to such as are interested to compare the iwo statements, and referring to every director, and Messrs. Stanton, Thomson and M. DoneU for the truth of what I shall affirm :— When in pursuance of Mr. Hagerman's suggestion and advice, acomniittee of Stock- holders was appointed to act with the Direc- tors in the investigation of the affairs of the bank, they entered on the performance of the duty as'Mgntd to them with zeal and care- fulness ; and every ftcility was afforded them by the Directors within their powtr ; they [4 (12 ) were al^ constantly pre sent at every delibe- ration of the Board, and their opnnou. a.k- eduDoutvcrv subject that came uikKt ^i^- cus on \ ana'l be . eve it would not be pix:- tTZlioo n.ucW fo say, that thtre wasuoi a board and commitietr. When the latiei gen L^enhad gone ihrougU w.th the in- f estigation they had undertaken and ueda- red ^hen.selv.s r.ady to submit thur .epori to the Stockhohlers. the Directors g^ve no. Ike of the circumstance, and that a mee tin? lould be held at Brosvn'« hotel «» the .o.l December.-A» this nietting was to e one of much interest and .;nportance to the parties interested, it was ^.ry desirable that t should be properly managed, and itth. e- for^ b^-ca.ne a matter ot vuscussion at the board, iu what .nanuer it shouUl be conduct. ed ; it was vhcught. av.a .h the "^--^"'S 7;'J to be convened by the Directors '.hat ihey were the proper persons to coi.'luct it j anci Mr. riagermiu was ace o^di-igly requested by them to preside at it ; and received m- Jructionsat the same time, to give io the Stockholders all the informaiumm bis pow- er on .ubjects conm cted with tlie mst-uiuon. Mr. Hcigerman most reluctantly undertook this duty, upon receiving the assurance of t c Directors that he shouM h.ve trom them every possible sujiport. Accordingly, wh^-n tlie meeting hud assem!>led. Mr. Hagerman announced that the committer appointed by the Stockholders to invcstigale the attairs ot the Bank, baving (Icclatcd ihemselves rea- dy lo make their report, ti.e Dircctoi;s had convened the present m-ietin^ with a view ta its being submitted, and also for the purpose TJvl% to the Sockholders such further exolanatiott as it was in their pouer to give in relation to the Bank ; but observing that there were several persons in tlie room not Stockholders, he suggested the propriety u d eir retiring, as the meeting was mtendcd tobeconfmeTltothoseonly who were part- ners of the association. This latter observa- tion excited the indignation ot a Cxentlemau nresent not a Stockholdtr, who chose to con- sider that the remark, although made m the mos general terms, was intended to apply fiarticutarly to him. and irt a fnaiti\er nnt re- markable for coolness or discretion, he re- pj-oachcd Mr. H. for the observations : thi* led to a good deal of asperity and unneces- sary warmth ; in the course of whit-U som« one' of the offended pa^ty observed, that ths meeting being one of a general character, and not of the Directors only. Mr, H, had no right to assume the Chair, and proposed that some other p rson ii\ the room should be elected. Mr. Hagerman iit once stated t>iat he had not assumed the Chair^ but that he had been requested to take it. with a view of giving to such as were tntuled to an ex* pUnition a full account of the affairs of tha Bank so far as the Directors had any know- ledge of them : and he further remarked that he should retain his situation until that was (lone, and then he should be most hap. py to resign it to any other person the Stock- holders might choose to select. Notwith- standing this explanation however, much confu:,ioi» continued, and Mr. H. perceiving that the chance ot preserving proper order was hopeless, he firofiosed that the sense of the meeiing should be taken, whether he sliould conti.me in the Chair or not, observ- ing that as his situation was f^r from being enviaole, he would abide by what might ap- pear to be the wishes of the majority : upon this question being put it appeared that there was a majority ot persons in the room, desi- rous that some other individual should pre- side, upon which Mr. H. immediately left his plrtce and retired from the room .---In or- der however to shew that th''- minority was not such as he had any reason to be asham- ed of, and how far the question was from ha. viiig been almost unanimously carried, it is sufficient to state, that it was opposed by all the Directors, the members of the commit- tee, and every considerable Stockholder present As soon as Mr. Hagerman retired the tumult encreased, and there was for som:; time much difficulty in finding a Chairman, several gentlemen who were proposed hav- ing refused to officiate in consequence of the discreditable conduct manifested towards Mr. Hagerman : at length however the sa- pient mV. McGregor was again elected ; but - ^ ( 13) r nftt re- \ he re- ons : thJ* unnects- it,li sonrie , that tha haracter, '. H, had proposed )ai should ce stated ', but that ith a view to an ex* iih's of the my know remarked until that most hap. the Stock- Not with* er, much pefceiving per order tie sense of i^hether he ot, obscrv* From being ; might ap- >rity : upon 1 that there room, desi- should pre- diately left Dm.— 'In or- inoriry was be asham- as from ha* irritd, it is 50sed by all le coiumit- BtockhoWer man retired vasfor som;; Chairman, oposed hav- uence of the ,ed towards sver the sa- electcd ; but no sooner had the report of the committee been read, than it was discovered that so nc- thing more wa« required to conduct the pro- ceedings of the metting, than « t/iing to act as chau-man ; and as no respectable person in the room, competent to the task would undertake It, (IbsUeva you were overlook' td!J the dilemma the mt* eting had got it- self into was very great. In this state of things it was deternained to request Mr. Ha- german to return, and a message was sent him to that effect ; to this he of course re- turned a decided negative j but the meeting having by this time discovered tital his pre- sence was of much importance, it was resol- ved that acorn mittic should be appoiiittd to request his return and to take thf Chair ; of this deputation, which consisted of three per- sons, you were one, and Mr. Atkinson, who had condemned the proceedings of the meet- ing from the commencement, but who was anxious to conciliate, consented to be anoth- er, the name of the third I do not recollect. The moment the proposal was made to Mr. H. however, he in language sufficiently ex- pressive of the indignation he felt at the un- merited treatment he had received, refused to comply with the solicitation : he declared that he could not agree to place himself in a situation where he migUt be a second time grossly insulted. When the committee re- turned and intimated Mr, Hagerman's an- swer, the proceedings that ensued were both disorderly and unsatisfactory, so much so indeed that a majority of those who had from misrefire^entation and mha/ifirehennon» vo- ted against Mr. H's retaining the Chair, a- bandoned the meeting, and many of them called on that gentleman and expressed their regret at what they had inconsiderately don**. At this meeting you rendered an account of you I'residency, which was in substance the same given by you before the House of As- sembly ; and' here we have another proof of vour inconceivable wickedness and folly : --stirely Sir, you were not at this time awed bv the *ii\fluence of Mr. Hagerrnan, for he was not present ; neither could you have »).•«»! restrained from fully developing all voii knew, by the ca«iiion, yov fuistiy affirnif he gave you not to refer to any memter of the House of Assembly ? Why then did vou not bring forward at thisiinxe, those feaifiil charges yon have since dared to insinuate against that gentleman ?— -Perhaps I may guess the right cause ; your cowardly sou J shrunk from the danger you apprehended from such a course ; you probably feared (as I firmly believe would tiavc been your fate) that you would have been hurled head- long into the street, by the persons present, had you dared so tc have spokeu of him. Vou say you tvevf thanked jur tjour camlld ex/Uanation on this occasion ! ! Pray Sir, will yott be kind enough to favour m* with tlte ayes and nays on the quesUou'ft b^it^^ put? There is but one observation more to he made bt'fore the scene h shifted to York. You state that Mr, H. whs at the time of the last meeting of the Stockholders in posses- sion of the keys gf the Bank ; I have but a few words to say on this point, but Ihey sh?»U he conclusive. On (he tnoruing t,f the thi oj December^ Mr, Barttct resigned the tjjtKif ofCashirr, andtvith it fjr thefiry-t time /loif session oj the keifi of the Bank, and the cfftcfs of the tnntHution, Upon his tioiug so, ic be- came a question with the Directors into whose hands the keys should be deposited : Mr. Hagerrnan was requested to take tbctn until Anally disposed of: this he did. and the board imwpf/iV/^7y adjourned orui firoceedi'd t« meet the Stackhelden ; after Mr. H. had left this mteiing as above stated, it %vas suggtb- ted to him, that it would be advisable fiom particular circumstances to remove the mo- ney and notes from the vaults ; he o'^c^r- dingly accompanied b^ Mr* JMcLcod and one or two other DirectorSf yvejit ta the Bank ; »lfr, JitC' L*iod sealed up the packages containing thos*ar- ticlea v/ith hit seal j they tvere then deposited in an tron chest in Jbr, ffagerman*» office^ -where they remained unt I the folloiv ng mormngt rvhen tft^y vtere again brought back l« the Bank, the paeka* ges opened in the presence of all the Directors^ the contents examined^ und (ound ta c«rretponJ with the acc>*nnt taken of them p^iur to their being pUt* ced in •Hr. H s passestitn, ». if then delivered over to .Hn Stanton, and tfut U the knjrth of time and ( u ) estdttt ufcantntut Mr, B, ever had veer Vie fundi 9r prpptrtjj ui tiu: Bank, No. r. SIR, I now come to the consuleraticn of Itiat part of your narrative, which refers lo the tveata at York ;— events w^ich I never can think of without shuddering ; I will not new however indulge m making any remarks u« poft them, beyond %vhat is necessary to point out the falsehood you have publis^'.cd in reu- lion to them. Indjeed I btgin to feel disgust at continuing further notice of you. as at «• very step S take, I find new inducements to lament the depravity of human nature, exhi- bited in your total disregard of cvei y thing like truth, and the hardihood you have evin- ced Id exposing your worthlessncss to detec- tton. Yoa seem to have (In a certain degree) felt, that it was necessary for 5'ou to account, for not having staled u» the Bar of the House of Assembly, the same charges you alledged a» gainst Mr. Hagerman in the Legislative Council Chamber, and you therefore give a* a. reason thai yoiU bad been cautioned by that gtn*lcman not ta allude t9, nor mention a member of the ffotise of *issembly in the eourse of your re» markt. Now let the reader attend to the follow- ing siatemcut which* whenever oecessajy, 1 will prove by a person whose name, Trom Wotivcs^da may /05«6/y understand. I for the preseni abstain from menMoning. When the report of the select committee was prepared, Mr. Jonas Jones, as Chairman, submitted it to the House, and in commfntin«i» upon it, he felt it his duty to state, that from ihe account ym had yourself given of your proceedings aa Preai- dent, your conduct was proved to have heen MOST INFAMOUS !, and tfiat the failure of the Bank^ wos mainly attributable t9 you. You were Stand- ing in the lobby of the house, when this opin- ion was expressed ; and it overwhelmed you with consternation »»i you had vainly hoped, that you had cajoled the committee into a belief, that vou were an innocent and illnsed liuin ! ; the majority of them however, were per- sons who kbew nothing of you, bat what you had tctd them of yourself, they also were not prejudiced in favour of one person or a- noiher, and therefore gave their opinions without bias i I say the majority of them were nieuot this desciiption, lor extraordinary as it may seem, Mr. Hagerman still clung to an opinion, that your conduct was less gmlty than foolish* At the time Mr. Jones expressed the foregoing opinion of you, Mr. Hagerman was not lu the house, tut the remarks that had been made, were repeated to him, and he immediately expressed his regret at them, nay— so far did he carry his kindly feelings towards you, that he called you to him, and observing your agitation he told you, that he would use his exertions, to remove the im- pressions that might have been produced by Mr, Jones's remarks, unfavourable to your character; ard actually did speak to Colo- nel Nichol, Mr. Charles Jones, Colonel Bur- well, Mr. Ruttan, and several other mLmbei-s to that effect. The next dfiv you procured to be drawn, a memorial to the house, pray- ing that yort might be heard at the bar, in ycur defence^ and you sent fur Mr, Hager* 7nan, and requested him So give you his ad' vice in relation to your petition^ and to firs- sent itf saying that you wished, by a plain relation of facts, to remove the prejudice which had been excited against ycAt by Mr. Jones. Mr. H. at once told you, that if you desired if ^ he vjouid firesent the fietition, but said that he must inform you, that if ynur ob- ject was to refitrj to the remarks made by Mr, JoncBt you would not be allowed to do so ; as it was contrary to Parliamentary usage for a person not a member to comment upon the ianguage used by a member in debate ; but that ) uu might be heard in opposition to the passing of tiie bill or of any clause of it, but nothing more : you stated that you hj»d nothing more to allege than you had already communicated to the committee in relation io the affairs of the Bank, and thi t if you could not reply to Mr. Jonf^s, there was no Ufc in your being heard ; and therefore by the advice of Mr, H, concurred in by the friend prenent^ you did not make the appli- cation; 4nd this. Sir, is what you have fhor ten to sti Mr. Hai directly i No perse was the i Hagerm; remarks fer in re! officers q to do so, you been were cal the com pretend it was y truth, bi you did r you sub! that at ti idea of \ entered i creature! by circu red, and tail. Xti introi the L-gislative Council. Itian any that had been used in the House of Assembly, even tfivif two vemrable gentlemen, to whose deter- mined starul you say you owe your escape from ruin, did not venture to make one single tMermtivn favourable to yon, Tshall now shortly sttite how it happcnrd Charge brought against you by Mn Bartlet.) I shall hazard no conjectures of my own upon it, which rnay only seem to m»sleaa, but procee-i to examine that part of it about which there is no doubt. In the firt place then, if your designs nvert honest, ivhy dia you not, immediately on your ascertainmg hat 71 notes nvere lying over not renewed,-^ that Mr. Bartlet and two of his friends haa o- ver-draivn their accounts to the extent of ^1000, and that Mr. Dalton had run up hit account to three times the sum he was aw . thorized to draw, make these circumstancet knoxun at the board of Directors.^ndrequxre an investigation into the conduct of the Lasn- icr>— Wh7, 1 ask you, did you not do this immediately, instead of waiting several days. and then sniiUion the circumstance to one or two of the Directors, at their own houses m the csurss ^ «;ouvcr*atiQn ?— Was it not a breach of trust, waf it not infamtmt in yoo a* president^ to withold this information r— Wliyvalso» ^'f' y^" ^°^ *^*^* o// these circom- stances that had excited your •* surprise and disapprobation" to the Board in relation 80 Mr. Bartlett's proceedings, and m particular, his tearing up the paper you had communi- cated to him, (ofhcially I suppose,) and giv- ing for answer to your messenger, that yott were interfering with what was none of your business >— Was it not your boundcn duty to have submitted these maiters lo the Board, and was it not infamous in you to withold from them the knowledge you had, of the improper conduct of one of their principal Officers?— In the next place it appears fronj your own statement, that Mr. Bartlet had no objection to voin- going on with the inves- tigation of the books, kc. provided you obtain* ed the approbation of the Directors, (vide h\% kttev to you. which you have published, page 6 of your pamphlet, and also your own admission, page 8.) Now Sir? if you concei, vcd that this investigation was of importance- (and certainly it was) and you were actua- ted by honest motives in what you were doing, why did you not apply to the Directors far their authorittj P-^^nd was not your conduct infamous in not doing so>— Do you think it in the least probable that the President of a- ny other Bank in the Provinces would have proceeded thus ?--or if they should have ven- tured on such proceedings, that they would not have been dismissed from their trust with indignation and scorn?— I now come ta consider those charges which Mr. Bartlet ©referred against you, and which you do not pretend to deny the truth of. (with the ex- ception of the third, which for that reason I shall not notice,) but with inconceivable ef- frontery and folly, have pronounced to b« ** frivolous, foolish, childish, and ridiculous, Kow let the public pass their opinion upon them. The first is ** you having allowed the board of Directors to suppose a note drawn by Mr. Bartlet, and payable to you, ha4 been indorsed by yoin when, in point of fact, it had not been so endorsed, by which mean* that individual gota credit of 800^ wiih the Bank, and no other secunty than his own f lished rul a particu olate. 'I lar deceit cured a issa. yiNMX. J • i •(. I i. 1 :n :' • " 1 r hi ■ r. -' i : I. . ^ . # ' *» iCi • ',"* '•. *" ". T ■' ■ '•■,';•'■ 1 ' "> < ' •. .» ♦ > ■• •V . ► •: ■ *»•* » k . 'f. i* -r.-- » . •:-'t *. • I .1 < •' 'H 'i u. ■4 ■■' \ fc i . •* t^ • H,C. 'l»o«^<'»^' ^'^'"*''*''^' t)*j*,i™('^T?»^?3i>5**'' ed slander : my duty to e some good ing you to a ime, in en- 3s of malice, now and be" trc you al- t unborn.— iblic retrac- lu in firivatc d forgivenes to the lan- any conio- i the Msur- person, you ' e, there re- lor desire to , let me re- ' i book from I'th draw the in your par- id rccoraed, [eavea "Chat oth th« thing c truth flrom no deceit k, mx. » .. • I ■' ' . « '^