IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1^ I.I |50 ^ us, Li 2.5 2.2 2.0 1.25 m M. 11116 Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 // m V \\ «^ CIHM Microfiche Series (l\/lonographs) ICMH Collection de microfiches (monographles) Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques O^ Technical and Bibliographic Notes / Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D Coloured covers/ Couverture de couleur I ] Covers damaged/ n Couverture endommagee Covers restored and/or laminated/ Couverture restauree et/ou pellicul6e □ Cover title Le titre de missing/ couverture manque I I Coloured maps/ n D Caites geographiquef en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou no're) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relie :^vec d'autres documents Tight binding may cause shadows or distortion along interior nargin/ La reliure serree peut causer de I'ombre ou de la distorsion le long de la marge interieure Blank leaves added during restoration may appear within the text. Whenever possible, these have b«en omitted from filming/ II se peut que certaines pages blanches ajout^es lurs d'une restauration apparaissent dans le texte, mais, lorsque cela etait possible, ces pages n'ont pas ete filmees. Additional comments:/ Commentaires supplementaires; This Item is filmed at the reduction ratio checked below/ Ce document est filme au taux de reduction mdique ci-dessous. 10X 14X 18X L'Institut a microfilm^ le meilleur exempiaire qu'il lui a eti possible de se procurer. Les details de cet exempiaire qui sont peut-£tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modif ic<>*ion dans la methode normale de f ilmage sont indiques ci-dessous. □ Coloured pages/ Pages de couleur Pages damaged/ Pages endommagees □ Pages restored and/or laminated/ Pages restaurees et/ou pelliculies Pages discoloured, stained or foxed/ Pages decolorees, tachetees ou piquees □ Pages detached/ Pages detachees HShowthrough/ Transparence varies/ negale de I'impression Quality of print varii Qualite inegale de I'i D Continuous pagination/ Pagination continue □ Includes index(es)/ Comprend un (des) index Title on header taken from:/ Le titre de I'en-tSte provient: □ Title page of issue/ Page de titre de la livraison □ Caption of issue/ Titre de depart de depart de la livraison I I Masthead/ Generique (periodiques) de la livraison 1 — r 22X 26 X 12X 30X 16X 20X 24 X 28X J 22X I'll et le vue ion is D 32 X The copy filmed here has been reproduced thanks to the generosity of: National Library of Canada The images appearing here are the best quality possible considering tne condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impros- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol -^(meaning "CON- TIIMUEO"), or the symbol V (meaning "END"), 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: L'exemplaire filmd fut reproduit grdce d la g6n6ro8itd de: Bibliothdque nationale du Canada Les images suivantes ont 6td reproduites avec le plus grand soin, conipte tenu de la condition et de la nettetd de l'exemplaire filme. ^^, / t^ r, ^, J' /- v. ^ >' ^y. \r.^'^^. (^■^ r v\X s -,<'';'■ ^~«s > • < /i CL li) be yf /« 1 1 I-: ki' ■f i ^ k^ INTRODUCTION. y'ffB f,rfe«i littk Pamphlet h ufiered into thi world under certain di/advantage, j the prejudices of men, 'ften incline the,n to lean on that Jide they imagine to be the Jirongejl, and political views frequently bias ]heir fonduSl; men in power are never without their par aft es. -who will on alloccafons blazon forth their aBions, let them be everfo arbitrary and unjujl, and endeavour to make them m^'r highly meritorious, while the injuries of private ci. *i^ "Ttnegmed and forgot ,..^r thofe that can and ^partially, the following pages are publijhed, and ^; — they were originally penned by the Fub- of indiSiment for a libel, the Gr fid Jury of the Court : Jember laji, at U f ■I Kiw' [iv ] ' ""•Wia^ . fiilwn of Brlttjh Militia^ and were meant to be deliver^ ed at the Bar in their defence ; hut a fpirited and com^ flete Grand Jury faved them that trouble, by unanimoujly rejeSiing the bill ; that being the cafe, they have thought it neccfary to publifi it, with an Appendix containmg copies of the original papers referred to, not from diSfafes of malice, or refentment, wbich they totally difavow^ but in their own jujiif cation, and to enable the public by a general fatement offaBs, to judge fairly between them andthe pro^ fecutor, by whom they have been for thefefix months paji fo unjudly harrajjed, and fo infultingly treated,— -In all free governments, particularly under that of Great Bri^ tain, asfiibjccls of which they boaft themjelves, every in- dividual has the right of reprefenting his grievances, even at the foot of the throne j and the author ifed Liberty of the Prefs, every Engliflmian" s choiceji birth-right, affh the opportunity of an appeal, upon the matter % to an impartial public ', the Suhfcribers, notwi0 are far removed from the fountain kl0^ Invaluable blejlngs take tb§jf'^'^ 'occ a/ions, tb^i i ?i ^^- ^^aea [ V ] \l(^^tyjrtbeBritiJh Crown, and due deference and re/^ea for his Majeji/s reprefentative in this Province-, and con- I vAi^pat in no one aSiion of their lives, they can have me- ' rited the epithets ofdijloyalty, or difaffeilion, they think they have a right to complain of the conduct of Mr. Cald^ tvell, who in capacityof Colonel of the Britijh Militia, has treated them more like Slaves -than Engljhnen, by un^ gentlemanly exprefms contained in his Militia orders, by holding Military Courts illegally conjiituted, by wantonly ijfuing executions on their property and ordering them to be put in force in the mofl infulting and difgracfulman^ ner, by "^exatioujly harrajjing them and dijiurbing the peace of their families, and finally, not having his vengeuC' fuf^ . fciently fatiated by thefe unwarrantable proceedings, by attempting to bring them forward criminally at the pub. '^'' ''" ^^ ^^^""^ ^/King's Bench, for a * publica-^ fpeared in the Quebec Herald of the ^^d qf bailing his Quixotic ideas^^^this will it is ology on the part of the fubfcri^ thit^Silmm J^ges I they afk nothing tic x si .' m- ii .N^ « > I vi ] Sttf a cool and delihtrate perufal ^of every part tbere^, ^nd a fair and candid interpretation, not doubting, from the explanation therein given, that the public mil una-. nimotijly unite, as the Grand Jury of the Court of King's Bench aid, in a general vcrdia in their favour. JOHN WALTER, GEO. IRWIN, JOHN JONES. Quebec, 6th Dec. 1790. INDICTMENT. IF the defendants could have obtained a ^ copy of the Bill of Indidrnent, it would have been prefixed to the Defence. They applied to His Honor the Chief J uf^ tice for It, who gave them for anfwer " that It could not be granted out of Court." The Grand Jury having returned t of Indidment into Court only the " ^ of the Seflion, no motion was, be made for communication of it; judged ncceffary to delay the the defence till MA*l^#iEX' jgrpofe of pr^fixijig ill ■'Of, 'rom mom "S't Id ^ »%: 1 M .1 I / S '"' 3 . *With great men's company was much delio^htcd > And IbnK/olk^.iy jjc^^«|Light to have been knighted One ArlPioi^hancs, (a wicked wit / Who never lic-ded grace in wliat Jic writ,) I He mark'd the manners of this Grecian Sage, And, thinking him a fuhjed for the Stage, Had, from the Lumber cull'd with curious care— His voice, his looks, his geflurc, gait and air, His affedation, confequence and mien. And bokily launch'd him on the comic fcene ; Loud peals of laughter thro' the circle ran. All felt the fatire, — fur all knew the man. ' Then Henry— Henricus was his clafTic name, Feanng the lofs of dignity and fame. To a grave lawyer in a hurry flies. Opens his purfe, and begs his befl: advice. The fee fecur'd, the lawyer flrokes his band, •* The cafe you put I fully underhand- • *• The thing is plain from Coco's reports ; " For Rules of Poetry a'n't Rules of Courts: •* A hbel this— I'll make the mummer know it, ■ •' And d— n me but I'll trounce the darin? Poet • " I'll flop the fallies of his laughing n^fe, ^ And harmlefs wit, prove fcandalous .^bufe." I The bard at Court with vengeance w"a«j indiijted|*id Ihe^ Jury took the pains to Ibe him ri|hte^.: F | A virtuous inqueft fet the Poet frbe': ^ ^a"^ Greece w^s to him what Ouebec i^ 'ti N. B, Fbr tbti-\ih^ defen. »4^'^ Samuel Footi^'^fW I i s^^ig^" r^ D E F E N C E, &c, ^ Gentlemen of the ' Jury^ Ir js a mortifying circumftancc for men of fair and rc- rpedtable charaftcrs to be made a public fpedlacle of, as the defendants are this day j their iituation is a pain- ful one, and they feel it To in a very higli degree. At this bar they are comptllcd to appear; if there be any al- leviation to their pain, it is totally independent of tlic pjo- fecutori It arifes from a confcioufnefs, tWt they have not fought It, but are under compulsion ; it arifes from expe- rience and knowledge that the worthielt and wifeft men, the be^ -f cliarafters have in like manner been dragged forth upon very fnvolous pretences by malicious and rancorous profecutors If their diitrefs is in any degree diminiHud, it is from a knowledge that the Court, in which they appear, is not 1^ iJLiS! ■"* 9°""* w^^^^^i to fay the beft'of it, is fcarcc- V _^iii|$^on§itutedi the ix)wers of which are HI defined IJinderftood, and though limited, have been fcan- *^rt«d and abufed. This Court has no refcmblai^ce "^^«t, into which the Prefidcnt is fo far from. o£ knowledge, or one principle of juftice, <^e4>liining the Laws (laid down for ^"^'^'^f himfelfj who is to adminifter^it, ""'■ who ought to be inftru<5led **«: So far are the mcg^i- ^ "" 'ging and deciding;. ^wcnt tsT *' i : / *^a^ /<' // (.* ) \ \ ihc Board of Officers, with minds replete with military ideas, with minds predifpofed, not to hear and determine, but t(J condemn; they went into that Court with menacing coun- tenances and menacing voices, avowing in the moft public man- ner their vindidivc and unjutt intentions. The judges of that Court have declared they could defcry guilt by obferving the countenances of men*, they never faid one word about inno- cence; their minds were filled with nought but judgment condemnation, and punifhmcnt. ' The judges of that Court are even unqualified to hold a Court, or fit at a board, which touches the perfons, or pro- perties of individuals, they have not even taken the oath of office, ^which every Officer of a Court Martial, appointed to try a foidier under the Mutiny Bill, does take and declares that he will impartially try the prifoner. I fay gentlemen It the defendants have any alleviation to their trouble, iris becaufc they appear in a Court which every Britifh fubjea; ought to admire and boalt of; a Court conftituted in right reafon, and law; a Court whofc powers and authorities, though cxtenfive, are limited, defined and underftood by every man of whatever degree : a Court in which the fubjeft may hope with confidence for protedion and impartial jufticc ; a Court in which a gentleman prefides of jurifprudent learning, who IS placed m the feat of judgment without prejudices, with- out partiality, who can have no intereft in the queftion at illuc, for he cannot be prefumed to poflefs Militia, or Military Ideas, nor to.do otherwifc than view with equal eye the par- ties in litigation. ^ / - *^ if there be any confolation afforded the defendants upon this trying occafion, it rcfults from appearing in a Court |iua conftituted, and where they are to be tried, by a jury com-. pofed of their fellow citizens, in \^om they can iop^ti ' a body of mco impartial, unprejudiced, imli ^"^ ^" ^ ^'^y ''^^ light, y^et J^<5|^at expofe him are not jullifiablc in the eye of the dJ^ Vl^ g^i^^/'^or the truth of the vice or folly ■fi-M^l^bit to public view, is an aggravation of the ■«"«*.es the hbelmorc libellous. I lliall endeavour "all this (which may be told you in the ^^^^^a^rago of nonfenfe, unintel,. jjoticc. .Since * ( 4 ) 7m ■ Since the Revolution, and before the flm^ />f iv/r ' n>^ ' is-te; siT-j-^* £s?"-:» property, or reputation^ by an X>n of te£r or p^S TbTe Llwver a„f "''^''•" ^"J"^ '^'"'"^''^ -^ » i" « "1 aoie i^awyer, and an impartja one between inrlivi'Hn^lc he was not impartial betwWn the crown anS the Sv nor in cafes where two powerflil men r^f A\ffL.l!!. v^-i man, of which fcveral inftances might be produced. He was e'd^^rbiLr^et^^rr^-^'-^ ^-^p'- -•^ "ppo«- He revived the do(5lrine of libels «nd fiftions of law v.h\nU ret: !Stj: ^. :^^:^£r^ ^X ::yZ<^ '"'''' ^'*- - '^•^ "eg- of c^: ruDm« L hL-T '^''r* becaufe while he feems inclined to forbid It. is to deftroy the freedom of the pKbut h^ «• muft not publifh any matter that is 4^,^^ V%^/ Tr. Mur- unknown 1 a m^n ^ingy the ng them d in any ppen to -ry plain >iirt^ fo: ! perlbn, perfona! ufficient reat and 'iduals j ' fubjeft, political I tiifterial. le was Jpport- which [lands i > foun- bciety, jf cri* great owed J Judge ronfti- ontra- icd to nark- right i ci m It hit 'JegaL if If rrothing of a cfari,^erous tendency is publiflied, there is honor rnh ^V T^^ -^"^l ^^"^ ^^^^ ^^^^^ "^^" "^"ch morc honor to have fpoken in other places as in this, more dccid- oo^ t^e HnA '"^"TruV ^^ ^""^^ "°^ ^" confcience ful port the doftrine of hbels; he was unwilling to offend the court and mmjftry, for he was folicitor to'the Queen, ft has given a feeble opminon in favour of them, and a ftron^ one againft them. Such as they are, we will take the fen? SrH „5''h^'? commentator to be the criterion and aid of Jhe 1^^ publication can, with the InJ • . fu ["^^^^ %hiftry, or fidion of law, be con- il r.lH 1,' T^'^' ^' '^ '^"'^^" matter defamatory to Hen. ,r^ Caldwell; if It contains nothing ir.jurious to him in his ;perfon, property, or reputation, if i? has nothing in k of mif! Ijequently can have no degree of criminality in it; nothing malicious nothing libellous, no ways tending to the dfftu b ance of the public tranquility. ^ ^^ mc QiiturD- Upon criticifing and diffedine ♦ this piece is there fa^^nA any one expreflion in it malicifus, mifc£evo'u or £ ^ It may be called a lampoon, a fatire, a pafquinade' Si rmdes are not offenfive things in the eye of thfkf Td finfibk men laugh at them , Ihis publicatL is vei^ haTmlefs 1 K IS laughable and ocular, written with great go?d humotr jwithout malignity, without rancour. ^ ^ ^^mom, I' If it contains nothing in it to make any body laueh and fmile, certain ,t is that the moft furly cynic can tafe no offence at it: Neither was it publilhed wantonly and un ^rovokedljo for the defendants Jan produce 3^ mc^airS; proof of the greateft provocation on the part of the cr^o rfecutor, that one man can receive fiom another II tl Tm\ ^5^^^^""^ of libels as infifted upon by lord Man? ^^^»W .''i P'*'^^"^ \nk^nc^, let us ftate what might B^mted and publifiied, and which lurcly woSm • See appendix No. j. - I ; 11 *■ ' I not Ji^Tc fallen within the conflmftron of a libel.. It is .* 17?^ ^^"^ T'^^' ^'^""^ ^^''"^ '^^' J°h" A'noaks was M "f n'T''"' u 'u^P^'"'» P^"'^"' ^'^ P^"^'^ i'^ ^he province - of Quebec ; that he was only the farmer, or tenant at will .true, John A noaks ,s not angry, is not provoked to wrath ^A%r^7/I^'^^ ^""'y^ ^'^'^^ irnpudeTKeto BfTert a falfehood, John Anoaks fliiiles with all the good hZ ^^Inl V°'^f '' the impotent malice, but ifit be all true John A noaks rages like a fury, his pride is hurt to the quick i and though John A'noaks has not one eapon per •nnum the lefs, yet will he have honeft John Doe who John Doe w-ho tells a he to efcape ; A^as ever any thhig TL' M 1 u^n T'^1 ^' ^^""^^^^'"g that great men, Ikf Lord Mansfield, fliould be guilty of llfch abfirdities, f the frequency of them did not make the wonder ceafe. And ^.tther to prove a libel is a word without meaning, unintel- ligible and undehnable, the defendants infift that no two able Lawyers will agree in opinion if they are kept at a dif- tance, and that the fame great Lawyer cannot, for Sir Wm. ^/.tnf "^ 5 r"?' ^'•ife two pages without contradiding himfelf ; and of the fecond rate Lawyers, they beg leave to afford an example, and by them alfo to prove that a^Ubel 1, a word without any meaning. Into the hands ^a Crown Lawy.T fhall be put a fheet of paper without ftatn, ftamp, or wnting, fair as alabafter and white as fnow, when It comes s^ithin the focus of his jaundiced eye K IS foul, as foul as can be, every line is a libel j in his mi- crofcopic eye every pore is an inuendo; he fees lurking at Jvcry point infrn nations, inuendoes, and and and God • knows what. ? It may be urged and aflced why will you wantonly and wprovokedly write any thing of a man, though true, diat may urge him to angerl ^ ,' Jhc defences Myfcr that they have neither done, nor (ail * t:ri ' ■ ... ,^>.A '■ nor nor printed, nor piibliihed any thine to nrovoke rl,^ .^r^c. he fouleft Libel, they would beSxcufeable in ih" It o? the vat dt;t,^^o''';' : b-",WgWy provoked Sd J^,! vatecl by him ; or if that makes a libel, thev inlift that he has been guilty of more than one. that he has del br Tfor' tLT" a"* /""^ h ""^'^h ^' '^^rits fevere reprehenlbn I for thofe afts iav^ had the foul tendency to few div"S the' rS'thT^^A '""°!!Su"''^ citizens, '^nd diftraSn the lociety; thofe aas might have impelled good fubied'-s and inm virnS' ^tr'^ '"" '" f <^ ^y "^'^ former Tontua) OMinance in Itfe ^'nd%„ir?r I T.\P^''" ™Portofthc trndnr^ ,^,1 , j-)^ • ?. P'""^ ' ™^' h^ f"" attempted to in- S m ^^ Krl -"^^P''"" "^^ '''<= Merchants and Citize^- 'Sie°4itof ttr'"^' '^^ T'/'"^ ■"'■"•"-^"^ on the Parade thuv """"^.'^'"S ='"'' 'n<^«^nt language teVret the a'tklef n^^^' °^I" '''''''""°" *« l"^ ™"^ *"■ .^1„. r L *""^^>; 0' 'ne ordinance accordin.i- to his m,\m- etabhlhment he vvilhes now to introduce a i"dWar/'defo*;V avail tE g""0"\'«™tion3, and to render them of n„ fighouttheBrSK'"- P^'^^ ^^en libels ai^ exploded H;.nV.„ »r • '■" dominions, on account of their evil ten " neads of the inhabitants of this count ry. ■ • Tl. onfcrt, ,j«* , rf ,he «„„> M^ti^ it ,„„ deto,yrf o, a.udl«.J wUI^ t Tfc»^ElS^'liK^ numberlefs witneffes. ^ Examine the Ordinance i ^^'^^^ife^'^ by more than one cr^dibfe Ji.ncf.. See appendix No *.' ^ :i . Xi''. m ( 8 ) it wiu'lt' ^° IT' ""= P™^""""" given by the profccutor rife ^„H I A ^7- '° 'f" '° *•= circumftances^hat give I780 l?^'" '^'^ f5"y"»"; In the fpring of the fear I7»9. the Government had It in co'ntempbtion to raifc two ad dmonal companies of the Britifh Militil whicL wouU rTci^; n?^.. u L , 8""=" '" to the Governor t a Uft of names whom he had recommended to be appointed to com- c^ Sn"L^' f°" 'i "S '^'^"^""' ^'^ inFormation?a^- cation was made to the Honorable Edward Harrifon, in wifofe he knef n°l-"'VP'T'^^'"S^- ^^""^ l^''" '^'^^ k^'-nt that en n,? *'"§ •''"' ''7 '''^P'"''' f"-- "^r. CaldWell had giv- fnr m f T"'ii'-"";°" °f " '° Wm ; he referred to the Ma- do'i hin ? ^"'^^■Efq-) ^vho declared that all he had to tizC of n,w"'' *"" '" ^l^ '" " g™"^' "ft °f the ci- H^fi.n!i ; ^"^'^ .P''"?" ''^ '^''v^ commiffions, and that the defendants were of the number; and he refe red to Hen,? that ri ?\*^ Colonel, from whom the defendants leS not -L^fT-- '''17"' Siven in, and that their names were Gove"t fti" "• ,':^P°" this the defendants memorialed the feml T' ^'"= *7 P'«<^"'ions and complaints, t and the mJHairVn^'T'^^f^f"'^"'.*" *= ^^tents of thefe me- weU folinV ' P'^^'^''^ ft«?J'iPP^="-ed '" be reafonable and le JZ^' f u" ''"'" "".^ ''"'S'« ^'^'' hi^ Excellency fio,«"weni?,'*r''-'"S 'I!''/"!?'"/'"."' ^"-^ fpring the commif. Prnm 1, '^' ,'" '^^'"^ ^^^ defendants were not included. S Tfr\ f^ conndered h>m to be the caufc of their «^Ieft out, and felt themfelves hurt by his apparent ob-' t Te be ftar(thc (iefciidaott; _ «)'nAe.OficeoftlM SetrttrntiiheGiweniM, Sec af^iieiiilui No. 4. ' ftioacy m SSSSSSSSBI ( 9 y N Ibnacy, in- getting fuch a partial lift adopted i for this reafon they refufed to appear on the Parade, in the month of May lad, with no other intention: than to rdent the injuries they had received through hiin j it is furrly impomble that men of reafon, or reflection can fuppofe the defendants did it frorfi a principle of difloyalty, difjffcaion or difreipca to the Go- vernment, or Governor} no one afbion of their lives can juftify fiicli a fufpicioni the whole tenor of their conduft proves the contrary. Unhappily well behaved citizens, have not always juftice done themi and the defendants cannot forbear complaining in this Court (as they have already done in the mbft refpeaS ful terms to the Governor) that they have been ill treated bv Mr. Caldwell. ' The confequence of their r.efufal to appear on the Parade v/as, that Henry Caldwell, in quality of Colonel, iflued a Military order, (conceived in indecent terms, highly pro- voking and injurious,) for the adembliiig of a boaM of Offi« cers, which condemned them in a fine of ten Ihiilings, with the expences of levying; w^hich fine was levied upon their goods and chattels, in a manner the * mod degrading. Thus you fee Gentlemen, .that an offence is fuppofed to be committed; (and for the prelent it may be allowed to be committed merely for the fake of the argument ;) and you fee clearly that punifhment was i nailed, and fatisfaclion given to the law— Mr. Caldwell, if he only wanted fatisfadion to the law, gained his point, and ought to have defifted. But it ,wouldr appear he had other defigns; and that he meant a 11^^^^^ ^°^^' ^^ ^^^^^^ ^^^^^ a perfonal injury to the ^^ants, or he did not; if he did intend a perfonal ppng, It muft be acknowledged that he is highly culpable j .lEj&e difclaims any perfonaLty, and that he did it for the fake ' mobedieme, order, and dijcipliney be is ftill more fo, \W^her the defendants refofing to appear onthefirftpa- f^'^f^^^y».was, or was not a right, or reafonable^ aftion is JJ^M^ l'l^eftipn of the prefent day; it was done in rc^ •.See aDpendtxJilKdik^ " ' ' fcntment Sef appeni cthe-s) obta 'edl ave .his HonoraWr c7 f"^'^"' ^^P«'"^' ""= l^ehavkn'of tms Honorable Colonel was more like that of a Rartiiw nf three tails, than that of a well behaved citizen Hitcoun tcnance and his manner was not fufficient to mark his v"n- diaive temper i he burft out into the mod indccem exprlffi. ens againft the Captains who had given the leave.. I?e af fumed mihtary powers, and abfolutely infulted th?m ± L a pubhc reprimand upon the Parade, for doing what the Or dmance authorifed them to do, and iffued aTofher order S J ofi"nc'eTLv"offic"'''f "^ ('" '"^'^ contradiftbn I'th^ ordinance; any Officer whatever to grant leave of abfenre except upon the mod urgent occafion. '"' He went ftill farther. He orde red a || third appearance of motion, and this at the time tha on*Tf Ih^r I ^'^ ^°'-^°* " *^^ "«' P"^ that the Field Officers hawkIdaL.f,h. '^°^^ J'^'^ ^»^ recommended declared citizens not to reSfthe'Tat's^'r^^^^^^^ '^' '^''^'^' ^«- «f ^e t See appendix No. 7. being a copy of the* order of the aift of June X Thi. can te proved by feveral >*itnefl« rf cLX. '' II bee appendix No. 8. the '--»*1B(HF Ai to ( " ) the Militia ; and when report was made that the defendants were much HKliri)ored, * and tliat it w.aild be dangcoi's to their health to go out, he totally loft his temper, f i^c in- fulted in the grolfcll manner rwo Surgeons, and one l.icu- tenaiitjthe laftofwhom he ordered to go like a l.iLquev to the houfe of one of the Suigeons, at an improper and unfe/Jonablc hour, to the annoyance and dilhirbance of his family, and menaced him with the difpleafure of the Governorj and ail this for no other reafon than that he reported, a gentleman (whofefi- miiy he attended, and who was then aAuallv under a coiirfe of medecine,) to be fick, and unable to appear. He had the audacity to order Surgeons in military array, at i ended by or- derly Serjeants, to enter the houfes of private geinlemen and citizens, at an unfeafonablc hour, that they might report if they were, or, were not fick. Thtfe orders a. d thefe proceedings, were ilTiied and con- ducted with fuch thundering threats, and imperious man- ners, that the whole city was flruck with terror. 'Hierc appeared to be an univerfal eclipfe over the maids and coun- tenances of men -• amazement and confternation feized the w-hole fociety; for three days there was a continued gloom j «// was darknefs vifihle ; Inftead of good humour, good neirrh- bourhood, fecial intercoufe and friendly converfaticn, n^u|ht but diftance, animofities, jcaloufies, fears, alarms, and all ilie attendants of a divided and diftrafted fociety were to be Icen. From this ftate of honors the public (dreadino- the impending and deplorable fate of the defendants) were^iiap, piiy relieved, not by any prete; natural, or ftipn-naEural, but by very natural means, by the fortitude of minds conf ious of reftitude, by the afliftance of a gray goofe quill, and of the Herald. Printing-office, which gave biith to a polite complimentary card to the worthy Colonel. | • Which was proved by the Surgeons and can be proved by other whncflc* bear- '"g comminions in the IJtitifh Milida. t Thu can be proved by hah a fcorc of writneflei. X Sec appendix No. 9. C 2 This r' '■ I A \i t- r :V- ( X2 ) jy This htt^e pierc unbent the contrac^lccl brow, (iifpdled the gathering cloud,' rtgalled our wontcl ferenity, bioiiUt back the rmiling countenance, gave icopc to laugliter, and all was agaui tranquil and ferene. So may it long contmuej may wc never fee the like again ! It did not fufficc witli the profecutor that the defendants were lick, and were tried for it; * he Hill perfifls in his Mili- tia career, and fulminates as before in imperious and infult- ing language; he orders a fourth, and partial appearance iipon the Parade, that is, of one company onjv, on whiJi clay the defendants were out of town upon their' privaf con- cerns; t they gave previous notice, to the Captain of the company in which they uere enrolled, of their intended and necelTary departure, even before they knew that the Militia was tobeairembl.d; notwithftanding his partialitv in illcvally cal- luis: out only one company, notwithftanding the expediency and neceffity of tlieir abfence, the Honorable Colonel or- dered X another Court Martial, and the defendants were con- demned to a fine of twenty Ibillings, and tliis finr was like the firlt in § a difgraceful manner levied on their goods and chattels. This mr.rks his vexatious and opprefTive fpiiit; for If they had alked Captain Harrifon permiflion to go out of town on their private bufinefs, he was deterred from giving It them, by the fevere reprimand he and another gerttleman had received before on the public Parade ; and if they had at- tempted to explain to him how urgeftnhe occafion was, he pro- bably would have told them that he was not a judge of what \vas, or what was not an ur' 'I- P--- "? S Z tnil.cs *:l.«yc.l, l>y tl-.. introduftion of an opprcffivc ubi a r'^h.rrL ";:"■">;""= f ■''''""' "[ "^'^'^' -ii^hcr ."diJuu: tion wliK, , ex >olcs then to gre,,t expencc and uneaCinefs becaule tlu-y Inve the fcnfe and fpi, it to tefcnt ink"de a,ul iuc. wantonly co,nmittcd a^ainli them, becau"'' t e^ x- ibit in a laughing good humoured way the ini„.1ice and uhrcafon .blenel. of a man who alKimes powers a,^ f,". known, and not warranted in law, and who undei thofe af fumed powers, in the name of a Colonel, and a mUitarv tZ 2oTT ""^' r^'^'''----^y -threats' his fdlow ckZ wW; kt toV^f '". ^""f"' P'^S"e and expence, wnue jt ,s to be prefumed .t does not coll Iiim a fingle cedn ' Znf^ °/«"-' ^^^ «i»'':1^Wim th.t point, one pre- cede, alone . fufficicnt to put us into inextricable confu- c^nfequTncesr"' ''"''""' '''■''''""^ ^''^ ''•="-"1^ "P-> '^^ raaer'of'l" clZ '° ""'""'" '^' P''f'=^"»^- ""^ '" "'e cha- racter ot a Colonel, or a g.eat man, but as a citizen ,•, nn» of yourfelves , you know iL in no 'other c.packyrV'ew him on a level with yourfelves and the defendants, for he can appeir ,„ th,s Court no more than your and the r eq™ " cut of Court the defendants confider him only their equal vou 7Z t;: '"" ''■"'■'= "" °' ^°"«' i^creVu ouiht^'ii:;^ H.nT'lL"°"°''''''''^.J"''-'°" 'hs bench is a man of jurifp r. f„ hL??°* r^":n ^'y ^^P^ble of explaining ^he,^ m this cafe , the defendants t.,ke pleafure in avowin.. their confidence in h,m, they confide ii/ his honour and fntegrt onft lit In "■ ■'" '''*''^"' Sive you a fair and candid conltruction and -n., -."'■tion of the law. that he will on thi occafion praai>; , • d,..:uine. which he inculcated o the T.^^d J"I7. vt.., he enjoinrr them to the dilcharffe of their duty " unawcd i.d unbiafled." ^ They "mtllfg^tssB:^.' — , f ( '5 ) They have a confidc-nt Lope that he will not pervert, or diftoit the lawi they rely on his impartiality in the inftnic- tions he (hall give you, and that on this day he will con- firnn us in the good opinion we entertained of him, when he came among us, tiutt he will cftablifh the iharadter (he bronj^hr. with him) of an able and an iipiight Judge and lea'c bcliiiid clarum et venerabile nomen civibks, B' t gentlemen, though great is their dependence and con- fidence in the Honorable Judge, their greatcll confolation is in vou. Since this profccution muft: take place, they pre- fer ft jury indifferently chofen to any one judge, or ?ny thre» judges on earth ; bec he foftened it very much latterly, and fjarticiilarly by declar- ing that the man who piibliilies a libeli even though it be a verr foul one, will be jullified, if he has been theretd * pro- voked by infults and injuries; * In the cafe, Rex vei-fuj Woodfall, , for a letter figned jUriius, L^Kl Mansfield declared—*' That whefe an acl in itfelf indifferent, if donii with a particular intent^ beco»tes criminal; thert the /«/^»r ihuik be proved and found. Where the afl is in itfcU uHtanvfal, the juftificatlon; or cxcule lies oft tlie defendant." Now let us aflt, is not this publication in itfelf indifferent ? was it done with Jt criminal intent? has it acquired, or Is it become criminal * can tht |)ro(cc'itor prove any fu'ch in- tent ? have iibt the deftndanis proved provocaiki|: to ^^i^# ox excu/e fhctn tn this, or any «thei- produ6li6i) iimilar to » I 'MIM^jiMJ.^ >■ If J I ■^•w ( i8 ) In flirther elucijAtlon and confirmation of your powers to judge of the la.v, the defendants will Hate another cafe.— A mm ft'cals ar,d carries away from one of your neighbours five pounds: He is arraigned for a felony, and tried by a jury, who judge from the evidence produced if he did ac- .tuaiiy takeaway the five pounds, which is the matter of fad j V that fad: is proved, the jury judge if that fad conftitutes the crime of felony j how arc they to judge if it be crimi- nal or not ? but by confulting the law, to learn what fort of a crime the law pionounces this fad of carrying away to be, either felony as ftated in the indidment, or a crime of a lefs ofFenfive nature, or no crime at all. If they bave doubts about their comprehenfion of the law, and \Uhey choije they m-^y conlult the judge and afk his opinion: It is his duty, and heis bound by oath to give them a faithful expla- nation of the law, as well in his original charge, as at any time during their confultation ; they are not bound to follow his DpiniGn, becaufe he may from ignorance, or defign give a very improper interpretation of the law; they therefore take the whole into their c6nfideration both fad and law, and adjudge him guilty, or not guilty of felony, or any lefier, or no crime. Juli fo it is with libels, which (like felonies and larcenies) expofe a man to corporal puriifliment. The fad is publilhing, if that be proved, you go to the confi- deration of the contents whether there be anv thing illegal, and criminal in it : This can be done no' otherwife than by comparing the law, which marks the criminality of the deed, or inflrument, with the inftrument itfelf. The defendants are folicitious to put the matter in a clear light for your eafier comprehenfion, and they hope they have fucceeded. They will now adduce fomc authorities to eflablilh and confirm, what they have advanced in fupport of your pow- er and privilege of judging both fad and law. Judge Blackftone, in defcribing the nature of juries con- cludes in one place thus, (vol. 3. p. 378.) " The jury, if they think proper, may take upon them- M (C I e< (C (C a and deliberation, is, if this jnflmment of writina; contnins any matter or cxprefiion that can by a fair con.^ruclion of law, beheld to be malicicus, mifchievous, malignent, iliega), and oimmah to difcovcr this, mo(t rcrt.unh; you muft have recourfe to ' the law itfclf i the defendants . t ke leave to urr^e it ftrcn^ly Co »' - 2 ^\ ;« 1 : 1 I 1 ^..i M .ii i.. i . ii |H I I H»— — w rwy to you, and to imprcfs ;t upon your nninds, that you have .he molt clear and undoubted right to take the whole of ^r.e cafe into your confideratlon, the law as well as 'the fad • tnat you are to apply che ia.v to the fail of publifliing, fo as to difcover wh:;t degree of offence, or criminality the law affixes to the contents of the printed inftrument ; for there is nocriminahty in ,the a"". John Walter, ■ and Georg - John Rene.'^f Capuin^^Airr; m/at" ^^^Tl^ :±?^^ Lees.comp.ny, an, eorge an4 K ( 25 ) «• thtt thet htve incurred the Penalty impofed for the flrft effenee of fuch • mtiir* « y**tlc OrdinVj; To wit. ten milLgs.'and, they are fined --'^-f y-. ^^-^J tic'. «. gentlemen were ablent, againft whom . like ju. gment was g.ven, but they hav. (in t «. Lmj f',rw.ud wth apdogie. th.c w«re deemed funicrnt t-, fxoulp.it. llnm. Iht « clmlndins Oificcr, feel, it as a very difagrecable part nf h„ duty. _t. be u.de the «• nccXv of enforcing * obedience to tne law, and hopes that th= cnnyicl^on of thnft « JnSen wUl produce thofe goad eff.fts, wnich cool reflefti ,a "^'^'^''^i;",'^' °" J* " mind, of thofe whofe example f (hould teach other pc pl' . '''^^ a chcar.ul compl - « Tnce with he law, of thJ country, intended for their common faf.ty. ,. thr fi (t ^n.y .. of v^ry good ctizen. and luperior to every other mocve or '-J^^'I^^'^t f*« «« CcmmJdim^Offcer thinh it right to male f>ublk, that tbt Ciurt if F,iU m*''"* " fcfi tb, jim ^corJwgljr ^^.^^^^^ WILLIAM LINDSAV, Jun. Number IV. To his Excellency the Right Honorable Guy Lord Dorcbeacr, Gova. nor ami Commander in Chief, in and over the Province oj Qiiebcc. Memorial of John Jones, Merchant and Citizen. SHEWETH, THAT your memorulift has been an inhabitant of this Province an^ a refident of this Ci7y for th^e f(*ac. of twelve years, and is at prefent th. od.lt houfc k.epeT a.n .ng .hofe Sat arrived .iSce the year ifyS i that for ten year, paft he h« b-en » Me-hant, a^d traded to conl.derablc extent; that he has fuftamed the charador <=f * »;'^' ''^j ^^ "^^'*; b!e man, m proof of which he can appeal to the S*""'' V"'".;? . '"- ^^''^^^ •"'•'="• •nd particularly to every Olficer in the Battalion of the Britifh M.ht.a. That your m.morialift has been informed three compame. are to be »Jdcd to the B itifh Militia of this city, and that a number of cit„.ns are to be appointed Officer, to ^Tnat vTu^mimorialift has been taught to b.lieve, th.Hong refidence, loyalty a.afub. ie-t and'ijood conduft as a citizen, would be the beft reo.mmendations for . corn- Si'Ln in'a c.rps in which he en oiled and ferved with alacrity and «a!. ever fince th. Bill for embodying the Militia pafled. ... u i .„ »,;. TMnn*-! th* Thar your Mer^onalift has repref.nted, through the proper channel, to h Co'^n* the Honorable Henry Caldwell, Efq. this ftatement of faft. and bs hope, that ^ «« Youth, and • ^ht defendant, have tvet (he-wn obedUnce t, tke la-wt J tb. frofecmr ha. violated them in this Rt 0. . i t ■ .. tt t Doe, it not appear from tbi. declaration that Coknd CaM, bad f '^f''' '^^jT^fJ'^'^- ^ d.firulrin aJ-remolc enjery obftaJc for the attainment of h„ furfoje, ,n e/iabujhmg m t '"is'Z tfa;^Zet:!j:r';fbis inte.ion . .i.!.e tb, lan. f rb» Ordinance Jayu that tbt n.t enrolling in the MJuia, is the only refufal to Jervt. & Several of the gentlemen appointed to the neiv commifftons *f^^/*' /f J""' JLj^^i. ^ that Mr >«« had g,eater7 and M'^^' ■f''r^T,,''''Ve^r U^m^ ^ td purpcf/ofthe Bil'-zoas to make the MiUtia rejpeaable,and 'Sli"ent,,t W' ^C/-^^^^ ,d that the defendants -were more Itkely to -«>''■ t' '"T'"' /^/?-rf«««TU^^^^ young ooys, »nd ought to havi been recommcrded. They have fmt tnjium* i« /««*'>» and 3 tttr t btir foUrui citizcnt, tbt ytuthi lave mnt new H' i; 'issm»' ■PWH ( 26 ) ^'''n \f"'J^*y' '789. JOHN JONES. • ■ ^1 .^"^ "'^ ' copy w »^ ,ellvercd to Colonel C,ld.cll. , - .5IJI, Belmont, isi:-"«, 191^ may, 1789. ^TP"^"-'- '■ ^ '*''' "'^P-'^-'ble Citizens wa, taken, fo. n . ■ .o.^^-in wa s laicen, tor tam gentlemen -uould'acc^^ft ue-.r cZmlZT^'J ^'"f"^ "' ^" '«"^' ^i""^'" cr- f"y m the Field Uffiuri nc^hnLVh"?' I . '"pnce; nor toas there ativ *« have dUhonorZ the UfcirtfZt. rl/Z7 ^"'t "■ ""^''''""S /'"^^tion, and ^'utt ni r*ft anj gratify frJti^JpZ\ r''* rec.n,„enda:,cn. ^^re n:ade t. fUu fZlt ,Z the IB L It, youf now ( 27 ) At parpofe ct appointing-. Officer! ftom a patt theteof, and at I find m/ nane was not 4own in that lilt, thou^ii I luyr better cUimi tiian man/, fcmn lon^; reAdence, a )4 M leail eiiual in point of refpedtib'lit/ of fituation and charader, I take the liberty of ipplying 10 you at Colonel ot' the,Briti/h Militia, hiping yog will f^ivour me with the rcafrint why my name wat omitted.— —I arriTed here in the year 1781, with a conli.lera. ble property under my charge, and have, ev^er fince fgpported the chara£\er of a merchant and a gentleman i my loyalty and qouragc I, flattu myfelf cannot be doubted, and my hav<- injK a family eftabliHici me a citizen of tie place, not an i^ineiant : I mult beg leave to ubferve, that it it not from an ambitiout view of becoming an OiHcer that thii it did^tued, but from a Jidilce ol being made an exception to an almoft general rule, anl ■ cynviition of my being entitled, from the rank I bear in fociety, to a fimilar marlc of diitlnftion with tbe reft of my fellaw citizens,, with vyhote efteem and friendHiip 1 have ever been honored. 1 am wirh the utmofl tcfpecl. Sir, Your very humble feruant* (Signed) JOHN WALTER. Henry Caldwell, Efq. SIR, Belmotit, 20th May, 1789. I Received yours of 19th inftant, in anfwer to which I have to inform you that I Hid fee a lift of feveral gentlemens name* of the town of Quebec, but not having that lift by me, I really cannot fay whether your name was include J in i', or nor ; but if it wai omitted, there were feveral gentlemeris names as refpeiitable as ycurs that I know were not included in it, not I am fatisficd through any want of rcQiCcl to cither you, or tlicm, but merely I fuppofe from inattention ; neither your rank in focixfly, yuur loyalty, or courage, are callci in quellion, and al! that I have to rrgret is, that tlie number of cimmiffiont propofcd to b> made out will not admit of my recommending all the gen- tlemen of the town to be OtHcers ; there are no ommiirions yet figned, the ijlling up the vacancies rerts intirely with his Lordihip. and having giving in names fufficient for the companies propofjd I Ihail interfere no further with any gentlemens pretcnfion*,' or with his L'jrdfhips picafure in confoquence, though at the fame time 1 mul fay that I think all gentlemen fottled in the town however ihort their rclidence may have been, have equal pretrnllons provided their refpeCtability in point of character and fituatioit will allow of It, • I ana Ssr, • Your moft obedient humble fervant HENRY CALDWELXi iTo the Right Honorable Guy. Lord Dorchepr^ Captain General and Governor , in .Chief $f the Province of ^ebeCf tfc. ^c. The Memorial of Alex. \^ ilfon, John Antrobus, John Walter^ . arid Georg^ Irwiri. HUMBLY SHEWETH, THAT your ipcmprialifts underftanding a. promotion of .Officeri. it about to take place in the Briti/h Militia, and that Colqnel Caldwell has given in to your Lordihip a partial lift of fi^ch people as he wiihes may be appointed. ■ That amongft the Barnes in that lift are perfons vho, lefc Qijeljeci ip the fall 1775, fome of ihort refidence in the country^ and pthers . yoi^tht now adlually under tuition. Your }ncraorialifts yi confequencc humbly prsfume to remark to your Lord/hip, ,That fome of them arri'^ed in this city In tlie years 1777, and 1778, and othert in 1782, and have familiea and property to proteft. That the being obli^ged to ferve under Officers of the above defcription, your Lordihip muft eafily conceive a degrading circumftance to the feelings of your memorialifts. ^_That your memorialifts have fhrwn rhernfelvet during a long lefidtnce in this cit y * The deftndantt injifl that longer rejt4ence ivith refttEiahUitjf give f refer ablt claim j ivbat refm jpeiiaiility have the ^ou^i tn foinf o/Jituaticn t) % ' ' Ioy4 •I ( 28 ) lofal fubjffti ind good eU'tfnj, ind th»t the being commtn^rd by Officen whom A«7 tbink tot»Uy unquiiifi-.d ai well from their incxprirnce in lite, at their want of eonft* quence in fociety muft be vrry muTtifying and painful. *j Thn fomr of your Meinorii".fti havii • i;p':-J to Colonel Caldwell upon this bofineA| J eoncfiving the injury done to their f<-elin(;i originating with him, oi e ot ynur memorial*' Kit received jn anfwer thereto by letter, a cupy of wh ch they take the liberty nf inclo- iing to your Lordfhip and to which without miking any remarks thereon, your memo* riaiifts humbly bei? Irave to refer. _ , Your mcmorialifti with all due fubmflion ftate the abofe mentioned grievances tayoor I lordihip, hoping your Lurdfhip will be pi- afcd to take them into your conlideration, and grant your m-moriaifts fuch rrvlrelt in the premiles as your Lordftiip in your wlfdom mav thiiik protcr, and your memorialifti ai in duty bound wil ever prav, tec. ttc. ' *^ ' (Signed) ALEX. WILSON, JOHN ANTRORUS, JOHN WALTER, CEO. IRWiN. Quebec, May 1790, Number V. Quebec, ad June, 1790 Regimental Orders. A COURT of Field Officers will afTemble on Tuefday the 8th inftant 11 o'clock fore- noon 4t the Commanding Otficers quaiter at the Cai.oterie, to fine fuch pcrfons as have liegle£\ed to enroll themfelves and 10 enquire into the caufc of feveral mch of the B. M. keing abfsnt without leave from the Parade en Sunday the x^i inlUnt, in order that the delinquents may be fined at the law dircfts. The Commanding O/firers of companies whofc men were abfent without leave will at* tend with the aon-comaiiffioned ufhcers, who warned them. Mr. John Jones, Mr. John Walter, Mr. George Irwin, Sir, You art hereby fununoacd to appear at the time and place as direAed by the above •rdci. £DWARD HARRISON, Captain B. M. SIR, Quebec, 8th June, 1790. I Rccicved a fummons yefterday to attend this day at 11 o'clock in confcquence of k charge of delinquency made againft me by a court of Field Officers, in Regimental Oiders ; I know no pcrfons that can have a power to call me before thrm, except hit MajeHy's Judges and Juftices legally afTcmbled, before whom I ihall at all times be rea- dy to ap)iear to ani'wer to any charge tiiat may be brotight a ga nft me, and I cannot help obferving that the term delinquent (made ufe of in the Regimental Order) con- veys an odium, which I conceive myfeif by no means entitled to. i am with relpcit, Yours, Stc. JOHN WALTER. Edward HarrifoA, Ef^. Quebec, 8th June, 1790. Dear Sir. I received your fummons accompanying a Regimental Order without fignature direfl- ihg " feveral men of the B. M.' to appe*r before i know a»( whom (for it is not men- «i«aed) that Dttin^utnts may be fined. I am m ( 29 ) f tm not e-jnfcimil of \ny arlinqutncy, nor ch reafonable charges of talcmg and keeping the faid diftreft ii.ll not be paid, that thc« you do fell he goode and chatties fo ty you detained, and out af the*^ monet if ant f 1. K 5' "'T'^'li ^°' '"u^ •''?'■"'* " ''^'^ '^^ -"'^^^ ''"d"ing the overil« (if any /hall be) ?n demand unto h,m the faid John Jones the reafonable charges of r'k- 2d S'"f r ffl • '"^.•^'''/'"* ^'^''[' (-"^ exceedin'g five (fillings) being fuft^dedufted And that if fufficient diftrefi cannat be found of tne goodi and chatties of him Whereon to levy the faid fum often /hillings, that then yo^ certify the fame to us. or either of •I, together with the return of thh precept Herein fail not ™= ™ «. o' ether of • Given under our Hands and Seals at Quebec the eleventh day of June in the year of our Lord One th'oufand fevea hundred and ninety (Signed) HENRY CALDWELL, Coll. B. M. JOHN NAIRNE, Lt. Coll. B. M. . ;i . MALCOLM FRASER, Major B. Mi A true copy «. MA'CKAY, H. C. . "" Ji Fnvinct and City \ I do hereby certify to all whom It may 'concern that what i* wrote on this and the two prc-cceding pages contain a juft true 4nd exa« copy of the original, the /ame having been carefully com- pared by me this eleyenth day of June one thoufand feven hun- dred aid niftstjr. IN TESTIMONY whereof I have hereunto fet my Hand. CHA. STEWART, Nott. Pubs, Quebec lath of June 1790 Thefe are to Certify, that I have feized ini taken from the Counting-hofe of Mr. John Jones being his property, in con/etiuepce of, and by virtue of the' within warrant and for the purpofe of fatlsfying the fame— viz. One fmall fquare folding table and one ronnd fable, H. MACKAY, H. C. N.' B. Both tables are Mahogany. H. My, , SIR, Number VI. O4JSBEC, Wednefday i8fh Auguft,' 1790. r-eonfider your conduft for thffe three months pa/l to be perfonal to me a.d highly itfZu^- '^^^:^t'''1 "J"*"^' y°" ''"'= iff'^^'i and the Courts of Officers w^^ich you Jr iL'"/ .T ^'"= Tn' "^f ^^"'y "=""^'" ^ diffraceful and degrading man" ^l: Ifn. ^\Tf^-^ T */"' ."P'^^ion of fuch behaviour, and expeft you will SiH Z ^f ^^^^^'°''^°' '\^ '"-""^y y°» •»"" «'°"« '« "'y'^«"'>'- ="»dm.y feelings. I with"Spun°ty. ^"^ ""'■ "^ " "''' '" "'■'= '"''""= * ^°''*'"» orotherwifc maltreat m« Uflj^ ^ Gentleman and Citizen of Quebec, and as fuch I expeft your anfwer to thif. ktter in writing by 4 o'clock to^ morrow .afternoon, that I may know whether I, am to Keat you as a Geutlcman, or othcrwife, whenever and wherever f ^lall. meet you. T « ^^ ,j „ r.. (Signed) JOHN JONES. • To Henry Caldwell, Efq. ,- f •^ wf>i/ar writ oftxttufm -ua: ilfutd againft 'jtbn mUtr and Gto. Irwin, gttj, and ihiit^:. Number ».^l Vi^j^dMii II R. Ot ( 31 ) Number VII. Quebeci 14th June, 1790. 'THE Btitifh MUItla are to be aga5n aflcmbH on the New Parade near St. !««)• Cate on Sundty the zoth inftant at 6 o'clock in the morning. Th Commanding OiBccrs of Companies previous to the meeting will take care tHM their non-comrai/noncd ofTicers, warn thn men of their refpe£live compaaiei and be par« ticularJy careful to warn perfonally thofe who were ahfent at the lad: meeting. By Order (Signed) Wm. LINDSAY, Jun. fnfigH & Adjutanu Number VIII. Quebec, 11ft Jnue, 1790. R. O. The British Militia arc to Parade on Sunday the 4th July at 6 o'clock in th* mo niiig, when the Captains are defired * n«t t» give any liavt tf abfenct, efftcially ta tbofe gentUmtn vubo nutri fined for being abfent without leave oo funday the 23d of May laft. No man is to prefume on any pretence to leave the company he is appointed t9 without leave from his Captain, and the approbation of the Captain whofe company he joins, who are authorifed to make fuch changes for their rcfpective convenience, giving notice to the Adjutant, Mr. Alex. Wilfon late of Captain Harrifons company, accufed bef' .e the Court of Field Officers held this day, of being abfent without leave from the Parade the soth inrtant pleaded his exemption from ferving in the Militia, being a Seigneur Primitif, which the Cou't having conlidered and he having prcducted his Captain's Certificate to that pur« pofe, Mr. Wilfon was acquitted of the charge exhibited againft him. Roht. Haddcn of Captain Finlays company is appointed S-^rjeant in Cupta'n Harrifont compauy, and is to be obeyed as fuch, No Serjeant or Corporal in future is to b* appointed to any company except through the medium of the Commanding Officer of the Corpi, nor !i any non-corfimiflioned officer to be reeommended from any company* before the Captain or Commanding Officer of the company to which the man belongs U acquainted therof. When a Recruit offers himfelf to any Captain, or Commanding Officer of a company he Btiuft be direfted to the AdjuUnt, who- will appoint him to the weakeft company, eii cept fuch Recruit may be fit for, or wifli to ferve in the light company, in which caCe that company if nst of ecjual ftiength with the others of the corps may have the pre* ferencc. By order (Signed) Wm. LINDSAY, Jun. En/tgn tS Adjutant, Number IX. ADVERTISEMENT. II ON Tuefday morning laft, by order of Colonel Caldwell, a Military Court of Field !Offi..(r, was held in his counting houfe at the Canoteric, to try leveral gentlemen^ for being fick on Sunday the 35/ i»ftant without the Colonel's fermijpon. The daftndants challenge Cel. Caldvell to produce* a ffec'tmen cf fuch an order m tbt Briti/b jtrtny. Gentlemen Captaint what an injult is this it jfoul HeaiT ( 32) Heftry CaidweiJ, Efq. Prefijent. John Wtlter being firft «IIed foi-, to ftew the reafoti why he was ficfc. and appearing, hi. DoOot wa. then examined touching the caufe thereof, when the Cad ti'MJ^nZ' '**''''"*"°" .°" 'i? *«■«»«>/. ./ri. »/,,r., not being able to find any J ■ JLu ?'^'"'r" ^'^ P""'i^ °^'""''"5 °< that defcription, was pleafed to acquit hift.^ )pi"* JlJ? J"""' ""'* ^'''''S' ^'^'"^' w*^^ were tried for the fame Crime The Subfcriber. prefent their rcfpedlful compliments to Mr. Caldwell, hope he it well after the fat.guei of tnat day, and at the fame time felicitate th« public uponll profpedl of the blcfT-d era approaching, whea through his fkill, f.cknefs will be no te gcr kn.>wn; they arc mclmed to think, in confeq..ence of the rapid ftridei he U Zi^ xnakmg towards huniar. perfection, that the far fetched ideas of the famous Dr. Price! iZVy- Tt °'^t". fSe 'aking place, when vice and every calamity not excfp inj JOHN WALTER, JOHN JONES, n,. V t- T , ^^^' IRWIN. Xiiei3i^7'h July 1790. J' Number X. J^^ Q^ Quebec, 4th July, i79(,, A Court of Field Officers (Lieutenant Co!. Nairne and Major Frafer being abfent in the country) to be compof^d of Col. CIdwell, Captain. Johnrton and Ai.flie, to meet »t the Comirtanding officers on Tuefday next at nine o'clock in the morning, to enpuire into the caufe of MeflVs. Walter, Irwin and Jones being abf::nt from the Parid- thia ■ day without leave. , ' ' The repeated * intentionii abfence of thofc gentlemen from the Parade, makes this en. quiry neceffary, the Doftor, Adjutant and Serjeant Major will attend, thofe gentlemen thai were abf-nt will hkewife be directed to attend with the Serjeants who warned them. ^.•ptain Harrifons company to parade on Sunday the irt of Auguft' next, at the New Parade at 7 o'clock in the morning, f N» Itavt cf objtnct to be given t, any terfoncx. etft en urgtat hujinejx, ' j r j""^^ By order (Signed) Wm. LINDSAY, Jiiij. £n/ign £f Adjutant, \ R. O. Quebec, 6th July 1790. Jt a Court cf Field Officers held this day. Colonel Caldwell, Prejident, Capts. Ainflie, 7 ,^ , Johnftorl. I ^^'**'"- Meffi-i, John Walter, Jonea and Irwin were aceufed before the Court of be'ng abfenj • from the Prrade on Sun^lay laft wi thout leave, when it -appearing from the teftimony of • ViUJt Colntl Ca/JweU f roves their «• repeated intentional abfence" this muft be taken f^ . . B f ,, , Militia declamation md falfebotd. t rrobabfy. fuch an order at tbi% is not te be found threugb tin lubole Srui/h amy 40. . hg ttU Century, " "DoStQt* taiMi s-e-Maaiasuso: ■si/asstsmmeai&vs'- i 33 ) ftoCtors Davidloii and Gold, that thofs gentlemen were ill and taking medicines that morri* ipg (4 a to make it improper for thom to go abroad, they were acqirtt^d. By order (Signed) Wm. LINDSAY, Jun. i Enjign & AJjutantt Number XI. §IR, Quebec, 30th July, 17961 I am obliged to go out of town this evening ot to-morrow morning upon buiinefs of a Very urgent nature, which i expert will detain me two or three days j it will therefme be out of my p3wer to atcend the Parade on Sunday morning next, without doing a ma- terial injury to my concerns, I am with much refpeft, Sir, your very Hble. fervant, John Walter. Edward Harrifon, Efq. K. B» Mr. Jonci and Air. Irwiii gave verbal notice of their departure on their privati Concerns. Quebec, 14th Auguft, 1790. R. d. A Field Officers Court of the ^ritld-. Militia to confift of Col. Caldwell, Captains jo'infton and Ainflie to be held on Tuefday the i;th inftaiu at 9 o'clock in the morn- ing; at the old Court of Appeals room" in the niTnops Palace, to try MeflVs. Jones, Wal- ter and liwin, privates in Captain Harrifons compaiy, who ftand cliaged ■ with being ab- fcnt without leave from the Parade on Sunday the lit inlbnt ; Captain Harrifon will at- tend with the necellary proof in conformity to his report u'Tp'-'fting thofe gentlemen : The Commanding Officer is furry that fium their conduft (lumctinies refufing to obey the law, and fometimes trying by little £hifts to evade it.) He is under the necefTity of fcrjforcing it, which at this junflure is' particularly necefiaiy, when we have a profpe£t of a war and when the fai'ety of tiie Province may depend on a well rejjulatcd Miiiti* and \ the zeal and alacrity !j resdy a cuurt, '.i which, and at' wh.im I hav f"lf wiotR you on a form.T and fim lar occafis.i, bc-fare e no knowledge, and as I have al nV-Vivi ro appear { for no public Aft that I hav. whom I do not confider mvi the la'd Henry Caidw II 3nd his Coilea v\ir read, or h^ard of, have cftablifhed igues inro a Court Martiai, a Civil Court, or a Court of R..cord, and ihe f.) d H nry Caldwell has declared that the fa d inor; than once prefi-jcd, but I do not choofe to , is not a Court of Record 1 It may be a C expofe m;fc]f to a;jy inqoifjtorial lourt, at whic!) he ha»3 ourt of Inquifilion, fubm tbs' ,., „. ,. . :.' --- -■•-■ - -V •""I'.i ■«<.'..•» powers riucjti.n orJtmire et extraordinaire. . •» '">^P"\«l'c,'ine to appear b Tt. any man, or fct of men, pxcept the. King's Tudgeg Jn the king s courts legally authorifed to uff mble. In compliance with the law I .n- rolH myl.lf ,n y.ur company and fo contmu. on the lift. I h.ve 'u.'ith chea.fulneft £w '" " f^'-^""* <""^ <" « n"*^" bave in all things tmjormed to and Jm./cd the When I have been abfent upon the P.iiade, it has been upon reaf^nable and Llid grounds. »nd fo acknowledged by the faid Henry Caldwell in m )re than one inftance. ^/pon the Ift mftant I was abllnt on my private affairs and upon an urgent occafion 1 A fc^, days before, It, :d you that my private affars called m. out of town; you were prdc-n, when Mr. Hadden gavtf me the fummons, Lme hours before which I told sou that I was preparing tor my journey. The Ji.ft duty of a citijen is to attend to his bufinrfs which is his primary objedt, ev^ry thuig elfe .s fecondary. If I had judged it neceflary I would not hefitate to com- n^nn care my private correlpondence and concerns relating to my expedition to any friend, or genrietnan in the town, but not to Henry Caldwell, nor to any other Field Officer. ^tnd r,r this very plain reafon, I do not know th.,t any Court has a right in fuch 4 Ci.il.. to order me to expofe my private concerns to the public infpedlion; and efpecialtv Where the prelumption lies that one of that Court has a particular intereft in eettins ac cefs to his neighbours fecrets. o 6 «»• If I am direfted by a Merchant to £o 20 or 50 leagues out of town, to buy. to fell er tranfaft any other bufinefs for him> J am humbiy of opinion it is not necefTarv I fljouid delay iny departure a few days, for the foie purpofe of going upon the P,-ade or that I ihould afk permiffion from you, Henry C^ldwdl, or even the Governor • Under this opmion I will ever aft, and profecutc my bufinefs without alklrg leave, or eivine fny notice of my departure. • <= » t "'"j, Edw,rdHa.rifon,Ef,. Captain B.M. ^''^"''^ JOHN JONES. *m. Quebec, i6th Auguft, 1790. I was much adoni/hed this morning at being ferved with a fummons by Serieant HaS. •In requ.nng m: t* appear before a Court of Field Olficers, to-morrow at nine o'clock.' to aulwer to charges againil me for being abfent from the Parade on Sunday the ift in- fta t-.y-u muft kvw that I am regularly enrolled in vour company agree.ibJe to the Orainance and that i have never iilegallv abfented myfelf.' J have already taid in a let. J^''Jlt f l><".b'y t, ; He would bc^-ve the Merchant': and Citizens rifque the iols ofthir fr pcrty and the JtuftHar.ce of their famine, for hh ofieniatiors ParaJ. Jt Wiuid Jeer, „ . fMf t( -warns to reduce them to a levet and as I have ilA do not confider my* aid of, iiave eftabliflied Civil Court, or a Court* Court, a! whic!^ he ha»] Court of Inquifiiion,' ) or to fubmit to tba' :epf the Kmg's Judges ;e with the law I .-n- ive with cheat fulr.eff i to and Jtuijcd the iable and fjlid grounds* ; inftaiice. ffi an urgent occafion ; 5ut of town ; you were fore which { told >ou i his primary objen Sunday the ift in- ny agree.ibJe to the ilready (aid in a leU t or prh'atet) ought t» ■ hufirttjs hotve-ver im- rijque the lojs ofth.ir MS. It lUiuid Jectn :if, Ut ( 35 ) terto you of the joth ult. that private bufineft of wi Urgent nature called me out 0/ town on the laft Par.de day of your company, and 1 do n )t conceive mvfeit obligca to irany Ferfon, or Ferfon, permilfion for fo doing. I have .o-morrow mo.n^-g buhref. of more conference to atre.d to, tha. that of dancing attendance upon a Court of F.eM ^Officers, who appear to be guided in their adions mere'y by capvice, and ce,uld 1 go, it woud only be f/ fay. that 1 «,., abfentupon buf.nefs the ,ft inftant, and thaM Hv-ud Iwavs attend to the buf.nrfs l,y which I am to gam a hvchhood f"r niyfflj "d fam.ly. ^"preference to militia orders.' given |in time of profound peace, and wh.ch fecm lo bc sulated for no other purpofe, than, that of dilturbmg the t.anquihty of loc.cty. J am with all pollible re Tpect, Sir, Vour very Humble fervant, Edward Harrifon, Ifij. SIR, JOHN WALTER. Quebec, 16th AugtTfl, 1790. After intimating to yo« that my pri.tte bufinefs in the country woold ?««"« ."^ attendance aT the Parade of the B. Plilitia on the ift mftant, I am very much furpr.zed at irceiving a nquifition to appear before fome Field Officeis. Having be.n gailty of no crime as a M.luia man I btg leave to acquaint you I fljaO makts no fuch appearance. . '^ I am your mail obedient feivant, GEO. IRWIN. ■Edward Harrifon, Efcj. R. O. Qurbec, 17th Aujuft, X739, At a Court of Field Officers held this day^ Colonel Caldwell, Prefident, Captain Ainaie, 7 j^,„,i,ers, ■ Captain Harnlon, \ MESSRS. Tones, Walter, and Irwin, - — accufed of being abfent from the Paradt on Su-div the ift inltant • without leavt, which being proved, the C-Uit condemned th?m in a fine of twenty Jhilings each, it being the fecond offence of the f^me nature thsy have been guilty. ixTr>e % v r ' By order (Signed) Wm. LINDSAY, iimr Etifign & 4djutupf' S^uebec, fs. To John Hooper, Bailiff, WHEREAS George Irwin of the city of (Quebec Merchant vws upon Tuefday the fe- ventCL-nth day of Aoguft inftant, convicted before us Hanry Caliwel Efqui-^r C.l^nei Com- inandant of the Bmih Militia for the and Banll- ue of Queb'C, Thi.mas Ainfiie aad # They have Jlated and can prove that thiy ga-vt notice to Captain Harrifor that it was ne- (ejjarj to it out of iov/n on their private h^ne/s. And hi dared cot give them .eave. 11 11 4 4 ■ Ji ^-'n if l^fJcc wSti^ SK^ i,:l:, '^^\'- that he the^I4"^«^ Win, M J' the f«d, M.Mti. on Sonday the Ard AugOft iaiTant 1 .f %"^''T'^"« "' »«^^^^ trunJing Officer of the 00^0^^) wCbf the 7^^^^ tl^ C^^ '^' penalty of tw.ntr ftiHings tSH e TherefoV n hi M^T ^^^^'^ ^"'^ '"'«'«'' to levy the faid ftm, by Jilrcfs sf Sr ol/",« V^T'*''^ "^""« '» command -»« fum, with reaf^ftha^Ib charge, of,T/j«i!f'f,^.-'''^'^.'^' ^^ y*"* t'>ken, thel that then you do Ml the Goods and Sis ff ^.T'^^'J"^ '^■^"'^' ^'^ "^^ »>= p3| anefing-fey fueV.M.y«u 4o p.^V hr fa^d fum nf ^. Vou, deftramed, and out of the mon^ DHr.dt C. be acc.u'.ted%;ai;d applied whe hrSa^S*- ? V^^ ^"'-»' '^^ A ihal be on demand unto him th^ fTu >-„ \ '•'r °"*" .£&«lettil« the overplufcif anc^ K«pi.g and Sellin, the fard^lftif tt exSnJT ^'',^'^'^."'''^''-8'^^°^ ^akJ V3 rf fuffic^nt, dUl,4.ft;can,^ot b.Tid of the r .^/'' .^A"'"*,' ^^'"^^ firftdeda^ed, and tl3 '•V . e a . .A.,..,/.,-/--jw^.,nr»,... , -- -?j^,.^ >^ 'M-** and txtmcd ugm tbt j^t ai4 r;"" ,"" "'-.IT ' ""'' y""'"''- warrants • ■^■■.o ;fr*rr>th| PrioM. hope. *iU excufc f.me .rrcr, ./ ri. ,,.„ i, k '*'^ ■^""** - *• *• --t -^ *' '^^"' which >t IS needlefs to'enumt.i .' To 'Sfsr^j . ft I • :• ■•">•• ''tiyftj ^ .Xrw'm, bc!«^, Militia afore^ njeetingifof.. r upon g^ai ■ the C. incutred niman4 fry en, the not be palc_ ■ the mon«!|| onel of thfli rplufei/aney] Fakeing an^ ed» and th^i Georg- Jr< 8, or eitbec ' hands tn^ :