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This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X 1 12X 16X »X 24X 28X 32X TtM copy ftlmad h«r« hM b««n r«produc«d thanks to tho gonorotlty of: Library of tho Public Archiva* of Canada L'axamplaira fiimA fut raproduit grica A la gAnAroait* da: La bibliothAqua das Arctiivas pubiiquas du Canada Tha imagaa appaaring hara ara tha baat quality poaalbia conaMarlng ttia condition and lagibility of tlia original copy and in Icaaping witli tha filming contract spacif icationa. Original copias in printad papar covara ara filmad baginning with tha front covar and anding on tha last paga with a printad or illuatratad impraa- sion, or tha bacic covar whan appropriata. Ail othar original copiaa ara filmad baginning on tha f irat paga with a printad or illuatratad impraa- sion, and anding on tha laat paga with a printad or illuatratad impraaaion. Las imagas suivantas ont 4tA raproduitas avac ia plus grand soin, compta tanu da la condition at da la nattat* da l'axamplaira fiimA, at 9n conformity avac las conditions du contrat da filmaga. I.aa axamplairas originaux dont la couvartura an papiar aat ImprimAa sont filmte mn commanpant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'impraasion ou d'iiiustration, soit par la sacond plat, salon la cas. Tous las autras axamplairas originaux sont fiimte an commanpant par la pramlAra paga qui comporta una amprainta d'impraaaion ou d'illustration mt an tarminant par la darnlAra paga qui comporta una talle amprainta. Tha last racordad frama on aach microficha ahall contain tha symbol — ► (moaning "CON- TINUED"), or tha aymbol ▼ (moaning "END"), whichavar appiias. Un daa aymbolas suivants apparattra sur la darnlAra imaga da chaqua microficha, salon la cas: la aymboia — ► signifia "A SUIVRE". la symbols V signifia "FIN". Maps, platas, charts, ate, may ba filmad at diffarant raduction ratios. Thosa too larga to ba antiraly includad in ona axpoaura ara filmad baginning in tha uppar iaft hand cornar. laft to right and top to bottom, aa many framas aa raquirad. Tha following diagrams illuatrata tha mathod: Las cartas, planchas, tablaaux, ate, pauvant Atra filmte A das taux da rMuction diff Arants. Lorsqua la documant ast trop grand pour Atra raproduit an un aaui ciichA, 11 ast f iim* k partir da I'angia supAriaur gaucha, da gauclia A droita, at da Iwut an baa, an pranant ia nombra d'imagaa nAcassaira. Las diagrammas suivants illustrant la mithoda. 1 2 3 1 2 3 4 5 6 ^ip M MR. GOURLAY'S CASE, BEFORE TU£ mi^ w ^TWm^, WITH HIS SPEECH, DELIVERED ON WEDNESDAY, JULY 1, 185», XZ)T V TMw ^7 RueBuade, TOBONTe-: PKINTHP AT THE GLOBE BOOK AVT) JOB OFFIOB. 1858. VTo Meml Oemtli leaving i lould mj klled, no ►ersccuti was w )re my irhich til In this Ipeccli af |mportan loredeci lice. The lion is, si lained ag Ht is you r#hile I J^ Minute \ It has 1 till for m ibmit, -w the me 5ncy the le main In order M« transac mten perseci \fjegislatii,r ithment nu, eompensatei the unu h the mcai < him to d( attenden the rig ' Rcgardi ly that t Acortaine lilt the i I : PREFATORY ADDRESS. iTo Members of the. Legislative Assemhlij. TonoNTO, July 20th, 1858. Gentlemex : — T was honoured with a leainng at your bar ; but, in no speech [oultl my complicated affairs bo unrav- jlled, nor the miseries of 40 years of persecution bo pictured. Nevertheless, was well to appear, face to face, be- )re my adversaries, and assert facts irhich they cannot contradict. In this publication, you will see my Ipeecli as it was spoken, together with Important details which will enable you lore decidedly to maintain truth and jus- lice. The cause is yours ; and, the ques- lion is, shall the Report of 1841 be sus- lained against the " Minute in Council.''^ |t is your duty to uphold the Report, rhile I expose the falacies of the \Minute in Council." It has been proposed to bring in a ^11 for my relief ; but, I wotdd humbly ibmit, whether it would not be better, the meantime, to address His Excel- 5ncy the Governor General, confirming 10 main resolutions of 1841, viz.: — In order that the. Crown may repudiate transactions hij which the Petitioner has tin persecuted to his ruin ; and, thnt the zgislatwre may declare his sentence of ban- %hnient null aiid void, and cause him to be mipensated for the losses he has sustained the umoarrantable exercise of authority. hi the meantimc,that some allmoance be made < him to defray his personal expenses ichile attendence before the Legislature, defend- the rights of a British subject." [Regarding my losses, I beg leave to ly that these cannot be immediately Icertained. I wish you to understand jat the compensation should not bo drawn from the taxes, but from the avails of the Crown, — seeing that it was from the misconduct of crown ofiBcers that the mischief arose. Regarding "expenses while in at- tendance before the Legislature" it is difTerent. You will find, on pe- rusal of the following pages, that I have been detained in Canada these last twelve months by palpable wrong ; and I can prove that, through many years, I have been annoyed in like manner while, in duty, defending the rights of a British subject. The arrears of my pension have been offered, but these I have declined to receive ; and, I can shew that my expenses, while in attendance before the Legislature, are greatly in excess. When Lord Elgin first came to Canada as Governor General, Lord Chief Justice Campbell, unasked by me, and from pure friendship, wrote to his Lordship strongly remonstrat'Tig against my cruel treatment. In coi»- sequence, a report was sent home to Earl Grey on the subject, which Lord Campbell communicated to me. That report assumed, as correct, the odious "Mimtte in Council" all along complained of; and I, therefore, would liave no- thing to do with the report, although Lord Elgin hinted that payment to me might be increased. You, gentlemen, will readily allow, that, after such trans- action, my WILL cannot be moved; and, with utmost respect, I have the honour to remain, Your obedient humble servant, ROBT. F. GOTTRTiAY. To the Camti TUK 11 I'M HI That, to yoiiv mittoe ] icommui That, highly ' feelings jof Aug'i ! to Can a That, IIouso 1 persona withoni it That, more in mained i a hearii I that th( further CeRE! Mf Ceres Dear at your to mine] i quiry ii I ceived You I Canada n P E T I T I N S.-S E S S I O N, 1858. To the Honnurahk The Commons of Cnnfida, in Parllavirnl n.isrmbM. The Petition ok Uohkut Fi-emino (iouui.AY, llfMnLY SlIEWKTII : — That, in the year ISftfi, tlio Jleport lo your Ilonourablo Ilonsn of a 6'oni- niittoe rogardinp,* your I'ctitioner, was eonimnnicatcd to liim in Scotland, That, Hccing- matter in the Report highly injurious to his interests and feelings, ho left Scotland in the month I of August of the same year, and came [to Canada, hopeful of success. That, ho petitioned your Ilonourablo House last Session, praying to be heard, personally, at the bar of Parliament, without success. That, the business being more and more important, your Petitioner has re- mained h(!re in hope of still procuring a hearing ; and, now earnestly entreats I that the same may be granted without ' further delay. And, he will ever pray. ROBT. F. GOURLAY. t^ERES, MofxT Elgin, ) March 6, 1858. f Oeres, Mount Elgin, March I, 1858. Dear Sir, — You are now, I presume, at your post in Parliament ; and, I call to mind our failure last year to get en- I quiry into my case, of which you re- 1 ceived from me printed records. You asked if I meant to remain in [Canada, and, I told you that 1 had crectetl a house on my laud ; and, hero 1 am with my daught(U',— ready to go to Toronto when required ; but should (lesiro to bo detained there as short a time as possible for tin; coinpleti(m of my business. Please say, in course, what should ho •lone. Yours truly, ROBT. F. GOURLAY. The Hon.. VV. HamIlton AlEURirr. (Duplicate, March 15.) Neitlif.r replied to — Mr. Merrilt being in England. To the Honoitrabk — the Commons of Can- ada in Parliarmnt Assembled. The Petition of Robert Fleming GoURLAY, ITiTMRLY Sheweth : That, a day was appointed by your Honourable House, — viz., June 2nd, for hearing your Petitioner at the bar ; but, on that day, he was unable to .at- tend from ill-health. He has now made an effort to reach Toronto, and entreats that he may be indulged with an early hearing, — his health being pi-ecarious, and his business vitally important to himself And, he will ever pray. ROBT. F. GOURLAY. RossiN House, ) June 22, 1858 )' Entrusted to the Bight Honourable, thr Speaker. {Petition lo the fjepi-^/rttirc Counrif and Asxemhh/. — See pn^c. 16.) MR. H The o'l'locl Mr. ing t liar of onW( Mr. He sa good per Cn requit( turn 1 best G appeal ish Ci breatli have t and ti should of the Attj man c there claims made 1 Hon had a1 Mr. G given gone i He did should the ba Mr. substa yet be at one jby bei 1 withou worthy iin thoi j now a( I part t( J those ] There Itencc MR. GOUKLAY'S CASE BEFORE THE LEGISLATURE- HOUSE OF ASSEMBLY. FiuDAY, May '21, 1858. The Spc'ul-'or took llic cliair at lliioc o'l'lock. MU. R. F. GOl'KLAY. Mr. Mi'NRo moved that Kobert Flem- ing Oourlay, Esq., lie heard at tlio bar of this H6use, in I lis own defence, on Wednesday, the 2nd June. Mr. Mackenzie supported tho motion. He said that Mr. Gourlay had done good service to the country wlien Up- per Canada was young, but had been requited with ill usage. On his re- turn to London he had published tho best account of Canada that liad ever appeared. He was as true to ihe Brit- ish Crown as any man that ever breathed. That such a man should have to complain of wrongs done him, and that at eighty years of age he J should be denied a hearing at tlie bar of the House would be harsh and cruel, Atty. Gen. Macdonald said that a man could not be heard at the bar, if there was nothing against him. Any claims he had to prefer could best be made by a written statement. Hon. J. S. Macdonald said the House had already atoned for any wrongs Mr. Gourlay had suffered. They had given him a pension of £50, and had gone as far as it was possible to go. Ho did not think the time of the House should be occupied with hearing him at the bar. Mr. Foley said that a real, full, and substantial measure of justice had not yet been done to Mr. Gourlay. He was at one time most unjustly dealt with [by being banished from the country [Without having committed a crime worthy of banishment. For wl-at was j in those days held to be a crime, was now acknowledged as an effort on his I part to gain for the people of Canada J those liberties which they now enjoyed. [There still stood against him the sen- Itcncc pronounced upon him illegally, inuniiHtitutionaily, and improperly, and all he uskcd was the reversal of that unjust sentence, ho far as this House was foiicerncd. He (Mr. Foliy) tliought this request should he granted. Hon. Mr. Skjotte admitted tho injus- tice done to Mr. Gourlay, but did not think the conrse now i)ropo8ed was tho proper one to set the wrong right. Mr. BnowN supported t\w motion for hearing Mr. Gourlay at the bar, and read extracts from tlu; report of tho Committee of the House of Assembly, in 1841, prepared by Dr. Punlop. Th(^ report stated that Mr (iourlay visited Canada in 1817 — that he became awaro c'f the existence of various abuses, and ))roposed that a commision should be appointed to proceed to Great Britain to have those abuses rectified — that he published a pamphlet which, by those in power, was considered to have a se- n ditious tendency — that he Avas put up- Yq on his trial at Kingston forsedition.iir*^ and acquitted — that he wa s "again tiricd at Brockville, with a similar result — that he was afterwards arrested, and kept for five weeks in gaol at Niagara, awaiting his trial, during the dog-days, which so completely prostrated him in body and mind, that he was unfit to conduct his defence, and, being con- victed, was banished from the IVovinco for life, on the pain of death if he re- turned. On this report the House of Assembly reversed the sentence and granted him a pension. But Mr. Gour- lay was not satisfied with this, and said — " I do r\ot want mercy but jus- tice. 1 do not want to have the sen- tence merely reversed, but to have it declared that it was unjust from the beginning, that I may not go down to the grave with this stain resting on my children." Mr. Gourlay was now old and feeble, although at one period a man of much vigour, and was not likely to detain the House at any length, and he (Mr. B.) thought it would bo un- gracious on the part of the House to re- fuse hie request. B I loll. Mr. Sd'oTiE Hn\d llmt it" llif iiHiiiibt'r for Toroiitniniittee of the House of Assembly. That rei)ort reconnnendcd that the Crown should re- pudiate the proceeding's against Mr. (iourlay, and that Parliament should «leclare the sentence pronounced against liim to be null and void. This was a very ditl'erent thing from u pardon which suppowed an oti'encc. He thought probably the best thing would bo for the friends of Mr. Gourlay to bring in u Bill, or to move an atldress recom- mending the (jovernmeut to bring in such a bill. Hon. J. S. Macdonalu had no wish to prevent Mr. Gourlay from getting jus- tice, but he did object to giving so much importanc.i to this alfaiv, as to oc- cupy the time of the House V)y hearing him at the l)ar. He read the several proceedings of the House of Parliament which had taken jdace through a long t;ourso of years, and contended that the House had fully considered the whole subject. The Government, too, had par- tloned Mr. Gourlay, and hail shown their sense of tlie wrong done him by ofier- ing a pension. What could be done more? Let the precise thin j ^ which Mr. Gourlay Avanted be stated. Mr. Mackenzie .id that Mr. Merritt — no visionary — had made a similar motion to this in the last Parliament, and was lost by only one vote. He did not think the House understood the case of Mr. Gourlay. There was a feeling at one time to keep out the Irish Cath- olics from this country, and an Act, the 44th King, uus passed to enable uny man to be driven away from tho country on the simple order of any member of the liCgislaturi', or magistrate. Ho did not know how many Irish Catholics were driven away under this bill ; but at lust Mr. (rourlay came, and wanting to make some improvements he was sued for libel, and ut last, when no jury could bofoimdto convict, was bunished under the 44th of the King. Mr. Gour- lay was a man of honour, u graduate of the Edinburgh University, and not like people to wliom money was everything. He, therefore, refused to uccept their pension, and required that tho stuiu of crime should be wiped away from his memory. Let the House hour tho old man by all means. It would occupy very little time, and would be doing u geiKM'ous action. The motion was carried by a vote of 41 to 38. Ykas. — Messrs. Allan, Bell, Biggar, Brown, Buchanan, Bureau, Burwell, Campbell, Chupuis, Christie, Clark, Cook, Daly, Dorion, Foley, Gait, Gaudet, Gauvrcau, Gould, Hurtmau, Harwood, liebert. Holmes, Jobin, Laframbois, D. A. Mucdouald, Mackenzie, McDou- gall, McGee, McKellar, Mowat, Munro, Notman, Panct, Patrick, Piche, Walker Powell, W. Scott, Short, Tett, and Wright— 41. Nays. — Messrs. Alleyn, Baby, Benja- min, J. Cameron, M. Cameron, Carling, Caron, Cayley, Atty. Gen. Cartier, Cimon, Connor, C'outlce, Desaulniers, Dionne, Dufresne, Ferguson, Gill, Hogan, Labelle, Lacoste, Le Boutillier, Lemieux, Lorangcr, Macbeth, Atty. Gen, Macdonald, J. S. Macdonald, McCann, Playfair, Robinson, Sol. Gen. Rose, Sicotte, Simard, S. Smith, Somerville, Tasse, Thibaudeau, Wallbridge, and Webb— 38. Tho announcement of the numbers was received with cheers by the Op- position. Mr. Brown. — The government have been beaten, and Mr. Gourlay is to be sent for. (Laughter.) Mr, Foley gave notice that on Wednesday he would introduce a Bill to declare the unjust sentence of ban- ishment passed upon Mr. Gourlay, null and void. nublu uny \ui cuuutry libel' uf the llu did nut ilicH were but at luHt I imtiiig to waa Hued { a no jury H buniHhed Mr. Gour- fruduuto of ud not like jvcrythinff . xept their j 10 staiu of from hiti ^r the old Id occupy doing u r a vote of 11, Biggar, Burwell, ie, Clark, lit, Gaudet, Harwood, jaframbois, ie, McDou- irat, Munro, he, Walker Tett, and iby, Benja- n, Carling, n. C artier, lesaulniers, ison, Gill, Boutillier, , Atty. Gen. I, McCann, jen. Rose, Somerville, ridge, and >' • ••; — ^ 9 L MR. GOUKLAYS STEECII. e numbers by the Op- ment have ay is to be 3 that on )duce a Bill nee ofban- rjurlay, null . .' ' ' PART FIRST. Mr. Speaker, and Gentlemen of the Lcgis- lative Assemhly, — A wo re of the value of your time, I shall bo brief: and triwt, that, on your part, allowance will be niaJo for my ago and intinnitioH. Sir: 1 appear before you, not as a suppliant — not to bog anythlag of any one ; but to defend the rights of a British subject — rights which have been outraged in my per- son, these last forty years. Yes, Sir, it is 40 years since I was arrested in Upper Canada, on false charges, while acting in behalf of the people's must essential privilege — that of mooting by deputy for correction of error. The pamphlet, which I hold in my hand, {Chronicles of Canada, No. I.) bears re- cord of this, and much more highly im- portantA^for reflection at the present time. It tells of my being tried, and honourably acquitted: of a law, then en- acted.to put down liberty, which my ac- quittal had established; and it tells, how, after liberty was put down,I was thrust into prison and banished, " illegally, un- constitutionally, and without the ■possibility of excuse or palliation." It further tells, how, after I was banished, this iniqui- tous law was repealed; its sole object — my destruction, — being accomplished ; and it tells, how, after the lapse of six years, every one connected with me was acquitted of evil intention but myself It records the rancour and malignity of a man who was the chief instrument of my ruin — the bitter enemy of popular right — a man who was not mollified by the tears and entreaties of 30,000 of his fellow subjects. Yes, that man's malignity towards me, remained una- bated After six years ; and, is yet, I doubt not, unmoved. '* ForgiTenesB, to the iojared doth belong, He nerer pardonsr. who bath done the wrong." Sir, how cornoa it that I have been • unable to |>i't tills pamphlet into cifcu- lution by a bookseller authorised to put on it his own price ? — this pamph- let which contains more important niat? tor than any otiier published in Can- ada ? Shall I say because truth is ever at a low ebb, where power is dominant. In this pamphlet, we find it asserted in 1 820, that my ' ^principles'^ were " republican in the extreme." How was it in fact ? — So early as 1799, His Majesty gave me a Captain's Commission as Commandant of Volunteers ; and, seven years after that, I offered, in pr(!sence of a military corps, to cross the English channel and take Paris, while Bonaparte was fight- ing the Russians in Poland. How was it, Sir, that during the late rebel- lion, I remained in Cleveland five months openly discouraging that rebellion ; and, was thrice thanked by Sir Francis Bond Head for doing so ? Sir, 1 then felt confident that it was in my power to have severed this Province from the British Empire ; and why did I not ? — because, all along, I have look, d to a liberal connection between C. nada and Britain, as the best pledge for tlie world's freedom ; and union with the United States to be avoided above all things. Yes, sir, after Ion, residence in both countries, that rema as as my settled opinion. Nevertheless, let it not be imagined, from this opinion, that I am unfriendly to the United States ; or, from the narrow views of my opponents, that I am republican in the had sense. I believe that Providence emancipated the States for the special deliverance of mankind from oppression ; and that the res publica never can be too highly prized. In jfact, in the good sense, I am republican in the extreme ; but, Sir, the evil propensities of our nature need to be held in check till pure 10 Christianity is all -powerful, and everywhere triumphant — a consumma- tion which time alone can realize. Sir, I am attached to no party ; never was, and never will be. Whilo yet a young man, I devoted my life to bet- tering the condition of the labouring classes, and to that I am spell-bound. It was in that cause I became zealous for reform in Canada, and, even now, see how this Province may be essential to success, — see that it may yet prove the best ileld for the advance of civili- zation and rescue of the poor from op- pression. I have, Sir, watched the pro- gress of Canadian Government : and what have I witnessed ? — No good whatever. The rebellion ! What was that but an eflfervescence of angry pas- sions stirred up by disregard of justice and common sense ? Eesponsible Gov- ernment I What has that effected ? an unblushing waste of public money, and a monstrous debt where all should have been clear. It is asked in a newspaper of this day (the Colonist) — ''By what policy are we to he governed ? By wiiat principles shall we be guided 7 To whom shall we look for the measures that are need- ed to save the country from ruin ? " Look, Sir, at this pamphlet, and read these words written by me last November : — " I would not sit in such (this House) save but to move for a Convention, in order to drawing tp a new Constitution, urgent' ly called for f" I was in Canada while a new Constitution was drawn up in England by Lord John Russell. No in dividual but myself seemed to care for* the result. I advised meeting in Con- vention, but nothing could then be heard for the bawlers for Responsible Go- vernment. Now, I advise the same,stand- ing where I am. Having said this much, I shall proceed to the more special busi- ness which has brought me here, — beg- ging of you to receive, for inspection of members, the pamphlet* so often re- ferred to, together with this other* (the Neptunian, No I.,) containing testimo- nials in my favour by some of the most eminent men in Scotland, which will sustain my character, and silence cal- umny. )' m ■ I Copies of these two pamphlets were also presented to the Governor General, ..•■:-..''i*-'J'v ■"■'i. ■.v.. J [tv.i:.r II MR. GOURLAY'S CASE BEFORE THE LEGISLATURE. »ro. 1. Winter before last my health was Buch that I despaired of getting to Oa- nada ; and to maintain my claims on the Government, I gave my man of business in Edinburgh documents re- lating thereto in order to draw up a memorial ; and this he despatched to the Speaker of the Legislative Assem- bly, together with duplicates addressed to several Members : one to Mr. Mer- ritt ; and there ensued the following correspondence : — ToBiNTo, 28th June, 1856. My Dear Sir, — I have merely time to inform you that the Legislative Assem- bly have passed an address to his Ex- cellency to grant you a full pardon, and remove the ctain under which you have erroneously supposed remain — for no man in Canada believed you rest under any imputation ; however I hope the accompanying documents will prove Batisfactory, Yours, W. H. MERRITT. R. Gourlay, Esq. Mt Dear Sir — I forgot to mention that you are at liberty to draw your pension whenever you please to send a power of attorney to your agent hero to draw the money, which I take it for granted you will now accept. In haste yours, W. H. MERRITT. Toronto, Leg. Ass., \ 29th June, 1856. j Legislative Assembly, Wednesday, 16th April, 1856. Resolved — that the petition of Rob- ert F, Gourlay be referred to a Select Committee composed of the Hon. Mr. Merritt, Hon. Sir Allan N. McNab, Mr. Sol. Gen. Smith, Mr Roderick McDon- old, Hon, J. S. Macdonald, Hon. Mr. Robinson, anii Hon. Mr. Morrison, to examine the contents thereof, and to report thereon, with all convenient speed ; with power to send for persons and records. Committee Koou, June 12, 1856. Committee met — Hon, Mr. Merritt in the Chair. ^ The Chairman submitted the draft of a report, which was agreed to, and or- dered to be presented to tlie House. Your Committee have taken the mat- ter of the petition referred to them into their consideration, and beg leave to recommend that an humble address be presented to His Excellency the Gov- ernor General, drawing His Excellency's attention to the recommendations con- tained in the report of Select Commit- mittees of your Honourable House in the years 1841 and 1842, in favour of the petitioner, who was cruelly ban- ished from the Province in 1819, for al- leged seditious practices, and praying His Excellency to sanction the intro- duction of a bill for the remission of the sentence, or exercise the Royal clemency for restoring to him his po- litical rights, by a free pardon for the alleged offences for which he has been convicted under a law which has since been repealed. The whole, never theless, humbly submitted. Mr. Merritt moves that an humble ad- dress be presented to his Excellency the Governor General, drawing his atten- tion to the recommendations contained in the Report of Select Committees of this House in the years 1841 and 1842, in favour of Robert F. Gourlay, who was banished from the Province in 1819, for seditious practices, and praj'ing His Excellency to sanction the introduction into the Legislature of a bill for the re- mission of the sentence aforesaid, and for the removal of all civil disabilities resulting from the same, or, by ^an ex- ercise of the Royal clemency, to restore the said Robert F. Gourlay to his polit- ical rights, by a free pardon for the of- fence for which he has been convicted, under a law long since repealed. ?«»condpd hv Mr. Holton. 12 m :i', HI 90, Princess Street, Edinburgh, ) July 11, 1856. f Mt Dear Sir, — Your letter, with Re- port of the Legislative Assembly, reached me two days ago ; and, that there may be no mistake, are, with this, printed. You take it for granted that I will now aJbpt the money (pension) which c^rtain^ I shall not, — neither pension nor pardon, however free, — neither now nor ever. Acting from my own impulses and resolves, contrary to the opinion of everyone, you will readily discard any thought of disrespect to yourself. When you presented for me a petition, May 1846, I was assured of your zeal in my favour ; now, I am re-assured of it The Report of 1841 I hold by, and that alone ; nor shall I acknowledge a single tittle of it to be erroneous, or such as cannot be acted on. The Re- port of 1842 was no sooner known to me than protested against in the strong- est manner. The Report of 1841 de- clared my imprisonment and banish- ment, 1819, " illegal, unconstitutional, and without the possibility of excuse palliation," and desired that the sailed from Liverpool, accompanied by one of my daughters, 13th August, 1856 ; landed at Philadelphia, 29th, and proceeded to Canada. At London, I had the correspondence reprinted with addition as follows : — London, Canada West, ) sept. 23rd, 1856. ) People of Canada 1 Here I am ! Will you countenance me ? Without the public ear, I am helpless ; with it, confident of going down to the grave triumphant. Your aged Friend, ROBT. F. GOURLAY. or Crown should repudiate the transac- Continuing to travel in Canada — copies of this re-print were distributed by the way. An hour after reaching Montreal, a note was received of which the following is a copy : " For Mr. Gouri-at. " Mr. Ferres, M. P., an admirer of Mr. Gourlay's perseverance in obtaining justice." Having for a time established my- self at Woodstock, I wrote to Mr. Mcrritt, — requesting his advice ; and the following correspondence ensued : — St. Catherines, Itth Feb., 185t. Dear Sir, — My father, being very much tions by which I was persecuted to my occupied desires me to say that your " ' favour of the 14th inst. from Woodstock, would have been replied to before this,had he not been absent from St. Catherines. With reference to what you say in your letter about " what is best to be done now before the Legislature," he rum. But what followed, and how does it stand now, when only insult is ad- ded to injury ? I do not say inten- tional ; but, by me, nothing else has been experienced, first and last. In the year 1818, after two honour- Able acquittals on jury trial, no man in thinks you should send in a petition for Canada had better prospects than mine; your pension in arrear, and accept; or but from that time onward, no man to visit Toronto during the second alive has suffered so cruelly in mind, week of the session, when he will con- body, and estate. Thank God, hope fer with you personally on the subject. has not yet abandoned me ; and should life be spared, I may yet be in Canada more fully to plead my cause. Yours faithfully, ROBT. F. GOURLAY. Your obt. servant, W. H. MERRITT. * ,1'his correspondence was printed in Emnl)urgb, a^nd distributed among my qriends in Scotland : copies, also, were despatched to Members of the Commit- tee, and some ^etids in Canada. My health being re-established, I Woodstock, March 11th, 1857. My Dear Sir, — ^Your son's letter of nth February, written by your desire, was received by me in course. He says " you should send in a petition for your pension in arrear, and accept it, or visit Toronto dtiring the secobd week of the session, where he will con- fer with you on the subject." IS lied by ugust, , 29th, ondon, printed EST, tcnancc I am f going ILAY. )anada — 3tributed reaching of which rer of Mr. >btaining \shed my- j to Mr. ) ; and the ued : — .., 1857. very much that your oodstock, re this,had iatherines. ou say in best to be lature," he etition for accept; or lie second e will con- 6 subject, tnt, SRRITT. th, 1867. s letter of 'Our desire, our&e. He petition for . accept it, ihe siecond he will con- Yon arc pr(»l)ably iiiiawaro thul I am lame, — my thigh-bone liaving been fractured in 1852, and never knit, while, this month, I am 79 years of ago, and feeble accordingly, — olbcrwiHC I siiould have, ere now, been with you. As it is, I shall send in a Memorial regarding my case. The doings of the Assembly, 1842, 1846, and lastly 1850, make me dread further communication ; for, on every oc- casion, my case seems to have been com- pletely misunderstood. 1 shall, however, in my Memorial, try to throw lighten it. Some think the present Ministry will l,e out-voted ; and an appeal made to the p(!ople. In that case, my Memorial will stand aB a record ; and I feel as- sured that you will do your best to get me justice, either now or afterwards. Yours truly, ROBERT F. GOURLAY. N. B. — In the Woodstock Sentinel, you may see, weekly, a " Narrative" bv inc. R. F. a. that ? — while rebels and inurdcrers have been honoured and rewarded, what has been done for me ? The Assembly recommended that my " prpevses should be defrayed while in at- tpiidanff Iffore the Legislature defending the rights of a British subject." I have all along defended these rights ; but what has been paid to me? The Ad- ministrator paid me fifty pounds, 1841, and the Governor General sent me a year's pension to Boston, which I hand- ed over to a Printer of my Records. I am ever willing to receive payment for expenses in this case ; but no sum, however great, will be accepted in lieu of my rights as a British Subject. Think of what w here said ; and let this letter be laid on the table of 'he Assembly, that others may read and re- flect. Yours, very sincerely, ROBERT F. GOURL AY. To the. Hon. Wm. Hamilton Mrbritt, M. P. P Woodstock, April 0, 1857. My Dear Sir, — Four weeks have elapsed since I promiscnl to send 3'ou a Memorial. I did write one ; but then concluded to retain it ; for, so many have been presented to the Assembly, on the same subject, that another would only increase confusion. In Parliamentai'y Records may be seen my Petition, 1842 ; and after that another ; then, four, 1846. The Memo- rial of last year was written by my man of business in Edinburgh, when, from ill health, I despaired of ever again being in Canada. Only look to the re- sult of that Memorial, — my being ofilered a PENSION, refused again and again : — Also, a PARDON, after the Assembly had declared my imprisonment, and banishment 1819, " illegal, unconstitutional, and with- out the possibility of excuse or palliation.^' Gould anythini^ be more preposterous, —to say the least of it ? rt wias recommended by the Assem- bly that what I did for the Province dorinij^ the rebellion '* should neither be tverlooked nor forgotten ;" but what of ' Woodstock, April 16, 1857. My Dear Sir: — Seeing from news- papers this day, that Parliament is again in session, and that various pe- (itions have been presented, may I ask if my letter to you of 9th inst., has been read, and laid on the table. Some one has hinted to me that, in consqeuence of a second burning of the Parliament House at Quebec, the records in my case may not be forthcoming. If so, let me be inf'^rmed by a few lines in course that I may furnish copies. Yours, faithfully, ROBERT F. GOURALY, > vi- {Not Replied to.) Unto the Right Honourable the Legishi- tire Assembly of Canada. The Petition of Robert Fleming Gour- lay. Esquire, a native of Scotland, for- merly resident in Canada and still a Landholder in said Province, Humbly Shewkth : That the Petitioner, in the year 1817, having acquired property in Canada, was led to interest himself in obtain- ing remedial measures for certain abuses then in existence, and thereby exposed himself to certain hardships, the nature and extent of which have U'' r: !li been already eiKiulrod into and uscer- tained on a representation made by the Petitioner to the Lepishitive Assembly ofCanada by a Committee of said Hon- ourable Body, whose report bears date the 11th September, 1841. The Remit made by the Honourable Assembly of date 25th August 1841, and Report thereon, dated, as aforesaid, were of the following purport : — " Legislative Assembly, Monday, 25th Aug., 1841. " Ordered that the Petition of R. F. Gourlay, Esq., presented to the House on the Twenty-eighth day July last be referred to a Committee composed of iMessrs. Dunlop, Vigor, Neilson and Steel, to examine the contents thereof, and to report thereon, with all conve- nient speed, with power to send for persons, papers, and records." Report of Select Committee to whom was referred the Petition of Robert F. Gourlay, Esq., have the honour to report: (B.) Your Committee having investigated the Petition, and examined witnesses in relation to the same, and procured affidavits from persons cognizant of the matters and allegations contained therein, find the following facts to be fully proven *. . The Petitioner, Mr. Gourlay, first visited Canada in the year 1817, where he had acquired property by marriage, and also by purchase, and commenced statistical enquiries into the capabil- ities of the Province, in the course of which he became aware of the exist- ence of various abuses. He then pro- posed that a Commission should be ap- pointed to proceed to Great Britain to have these abuses rectified, and held public meetings for that purpose, ac- counts of the proceedings at which were published in a pamphlet which was generally approved of by the peo- ple of the Province, but, by those in power, was considered as having a se- ditious tendency, and he was therefore arrested, and put upon his trial for se- dition at Kingston, but, being acquit- ted he was again tried at Brockville, with, however, a similar result. He then had to proceed to New York on businesN, and on his rptiirn, was im- prisoned in the gaol of Niagara. M'her« ill-treatment in being confined in a cell for five weeks in the dog days (previ- ously six months in gaol) debarred from the sight of or communication with his friends, his counsel or the magistrates of the District, threw both his body and mind into such a state as to render him totally unfit to defend himself upon his trial or even to com- prehend his arraignment. The result of the trial was that he was banished from the Province for life under pain of death should he return, — his alleged crime being, that he neglected to quit the country upon the order of a single magistrate (two Legislative Council- lors) acting under an unjust construc- tion of an unconstitutional statute most illegally exercised. Your Committee do not think it ner cessary to comment on such proceed- ings. From the evidence adduced, which will be found in the appendix to this report, your Committee are of opinion that the arrest and imprisonment of the Petitioner in Niagara in 1819 was ille- gal, unconstitutional, and without the possibility of excuse or palliation. That, debarring him from an interview with his friends or his counsel was also ille- gal, unjust, and unconstitutional. That, preventing magistrates of a County or District from visiting the gaol of that County or District is a violation of all propriety, and if persisted in would lead to the most pernicious conse- quences. Your Committee are further of opin- ion that his trial and sentence when in a state of bodily and mental weakness from the suflFerings he had undergone, which prevented him from defending himself, was unjust, unconstitutional and cruel. Your Committee cannot but exprese a hope that your Honourable House will do the petitioner that justice which has been so long denied to him, and pass an address to his Excellencj the Governor General, declaratory, of the above opinions,in order that the Crown may repudiate the transactions by which the Petitioner has been persecu- tcd to his ruin ; and that t.h§ Legisla- lO 18 conse- ture may duolux'e hia seutunce of ban- ishment null and vuid, and cause him to be compensated for the losses he has sustained by the unwan-autiible exer- cise of authority. In the mean time, that some allowance be made to him to defray his personal expenses while in attendance before the Lejyislature de- fending the rights of a British subject. Your Committee are in possession of proofs that during the late rebellion, when the Petitioner was resident in the United States, His Excellency Sir Francis Bond Head, then Lieutenant Governor of Upper Canada, derived from him the most important intelli- gence of the movements of the brig- ands, then organizing for an attack on the Province. This, your Committee humbly suggest should neither be over- looked nor forgotten — all which is hum- bly submitted. (Signed) WM. DUNLOP, Chairman. Kingston, 11th September, 1341, That, in the year 1842 said Report having been taken into consideration by the Legi8lature,they awarded to the Petitioner a pension pf £50 per annum, thereby recognizing the accuracy of their Committee's Report, and justice of his claim ; but they did not, in accor- dance with the recommendation of their Committee pass any address to His Ex- cellency the Governor General, in or- der that the Government might repu- diate the transactions by which the Petitioner had been persecuted to his ruin, and that the Legislature might de- clare his sentence of banishment null and void. That the Petitioner, who has ever preserved unswerving loyalty to his Sovereign and fidelity to his country, was deeply grieved at this omission. He protested at the time that full eflFect ought to have been given by the Legis- lature to the Report of their Committee, and that he should be restored to that position as a member of the community, of which, it has been found, that he had been unjustly deprived. That Buch may have been the inten- tion of ihe Legislature in awarding him a pension, for if he had been guilty of disloyalty or sedition in their opinion he cannotvsuppose this would have been granted to hiu). But, as it was resto- ration of hontjur rather than pecuniary advantage which he sought, he did not then accept, nor has he ever drawn any part of the pension thus awarded him, excepting a small part which he took in repayment of expenses incurred by him. That the Petitioner does not wish to revive in any shape the question of pe- cuniary compensation. But he has not drawn payment of his pension nor does he feel that he can do so, excepting in conjunction with the recall of the sen- tence, against him, which has not hith- erto been granted in conformity with the Report of your Committee. He has repeatedly endeavoured to obtain this, but unsuccessfully, from causes which he thinks are now removed ; aad it is for this purpose he now again respect- fully addresses your Honourable House. That the Petitioner is now very far advanced in years, but is, on that ac- count even more desirous to have an- nulled the sentence passed on him, as he may now say admittedly with injus- tice, so that he may not leave on re- cord against him such a sentence, but may transmit his name to his descen- dants unsullied by any charge of disloy- alty or sedition. At this distance of time, it seems to the Petitioner that with the recorded expression of your Honourable House in his favour, this sentence may be annulled without any feeling on the part of the Government that this reflects on the administration of justice when it was pronounced, for he need not point out that many mat- ters, which were received at one time as of constitutional necessity, are now considered to have been attended with injustice to the subject. He therefore again approaches your Honourable As- sembly and prays the Honourable Legislative Assembly again to take the Report of the Committee of Assembly of 11th September 1841, above quoted, into consideration, and to give effect to said Report by annulling or by adoption of such measures as will enable the Assembly to annul the sen- tence of banishment passed upon the Petitioner, the said Robert Fleming Gourlay, in the year 1819. And vour petitioner will ever pray. ROBT. F. GOURLAY. 16 Woodstock, May 15th, 1857. and, I again auk, — " Will you oouxtbn- People of Canada ! anck mu ?" — With that I foul confideut Ei^ht mouths have elapsed since I of jfoiiig down to the grave triumphanf solicited your countenance I Now, my Your aged Friend, whole case has been laid before you ; R. F, GOURLAY. N.B. — A copy of the above was sent to Members of Assembly. (PETITION TRANSFERRED FROM PAGE 5.) ' P m To the Honourable the Legislative Couaci of Canada. The Petition of Robert Plemino GOUBLAY, Humbly Sheweth : — That your Petitioner has owned land in the Township of Dereham fifty years. That, in the year, 1811, he visited Canada and said Township, when it contained only one settler. That, in the year 1840, he again visited Dereham, and gave names to the several lots of his land before many witnesses. That, in the year, 1841, he had a house erected on one of his lots, and resided therein till driven oflf with ague. , That, owing to many causes it was not in his power to settle on his land till 1856j when he came from Scotland, and added to the house formerly erected, in which he now resides. That, he found the greater part of his land occupied by squatters, much yaluable timber cut down, and some curried away. That, although all the squatters had, before your petitioner's arrival declared in writing — regulaly witnessed that he was the rightful owner, one of them refused possession, and had to be ejected by law process. That, this law process being pro- longed, gave rise to doubts regarding your petitioner's right to the land, and stirred up others of the squatters toj become troublesome, in so much that tiiree of them hold possession in spite of him : refuse to pay rent ; and, in many ways, injure his property. That, yonr petitioner has caused suits j to be commenced in order to ejectment ; | but, in the face of notorious facts, these squatters persist in wrong. That, so early as 1822, your petitioner pointed out evils regarding landed property in Canada which needed! correction ; and, which he begs now to refer to in his Statistical, Account of i Upper Canada, as, therein, may be seen | a palpable measure for improvement. That, the unspeakable benefit which has accrued to Ireland from an Act of | Parliament relating to incumbered estates, is universally acknowledged, and should stimulate legislators here to like ends. Your Petitioner therefore entreats that the whole of these premises may be gravely considered, and that a| Committee be forthwith appointed by; your Honourable Council to investigate the same in all their bearings. And he will ever pray, ROB. F. GOURLAY. Cebes, Mount Elgin, April It, 1858. NoTB.-^7^ above presented by the Honourable Adam Fergusson, and a sintiar .petitio^\ presented to the Legislative Assembly, by Dr. . Cfm^r. 17 ■■•. .1 '«Ji, MR. GOURLAT'S CASE BEFORE THE LEGISLATURE SJo. S. ir petitioner ing landed ich needed I )eg8 now to Account of may be seen | L-ovement. snefit which a an Act of | incumbered cnowledged, itors here to 103 Adelaide St., May 25th, 1857. May it Please Your Excellency : — I have this day been told that a pardon has been granted mo ; and lose no time in protesting against any appli- cation for such a grievous wrong. Yours respectfully, ROBT. P. GOURLAY. Sir Edmukd W. IIead, Bart. ■ay, ^QURLAY. 17, 1858. Governor's Secretary's Office, ) Toronto, 26th, May 1857. j Sir, — I am directed by His Excellen- cy the Governor General to acknowl- edge your note of May 25th. His Excellency does not exactly un- derstand whether it is the issue of the pardon referred to, or the application for it which you protest against as a " grievous wrong." If the* latter be the case. His Excel- lency desires me to state at once, he has received no application for a par- don which professes to be authorized by yourself, and therefore no protest on your part is necessary to obviate any misconstruction of your conduct. If by your " protest " you mean to object to the issue of a pardon, that is a point on which His Excellency in- tends to be guided by his constitutional advisers, proceeding on grounds of a public, rather than a private nature. As it appears you have been told that a pardon is already issued, it is well to add that you have been misin- formed. I have the honour to be, Sir, Your obedient Servant,. R. T. PENNEPATHER, Governor's Secretary. Robt.F. Gourlay, Esq., 103 Adelaide St, To His Excellency, Sir Edmund W. Head, Bart. 103 Adelaide Street, ) Toronto, May 26th, 1857. f Sir — I have just now received a let- ter of this date, written by direction of your Excellency, in answer to mine of May 25, and seating that your Excel- lency does not exactly understand whether it is the issue of the pardon re- ferred to, or the application for it,wuich I protest against as a " grievous wrong." I lose no time in explaining as fol' lows : — At Woodstock, May 15, the ed- itor of the Sentinel called on me with a slip cut from a newspaper, stating that a pardon was announced as about to be issued last Wednesday, by Attorney General Maodonald, in Assembly." I forthwith authorized the editor to state that " I considered any offer of pardon as insult ;" and herewith I inclose the Sen- tinel in which this appeared.* Yesterday, Mr, , who boards here,told me that a pardon was recorded in the Government office, where he is a clerk ; and I lost no time in addressing your Excellency on the subject. In my first scroll, I protested against it as an insult ; but, on further refleo- tion,used the words " grievous wrong." * RoBBRT O0CRI.AT. — This eminently useful and rtirj benevolent man has lired to triumph over all bis enemies. One of the most disia* terestedly loyal men in the Queen's dominions, he was long the victim of the Family Onmpact| but a free pardon was announced as about to be issued, last Wednesday ,b7 Attorney General Maodonald, in Assembly. Thus it is that the friend of Chalmers, of Leslie, of Lord Campbell, has been spared by Providence to a great age, to see an act of tardy justice done by the peo- Sle of whom he tras an early benefactor.— f$9sage. Not*.— 'We are anthorieed to state, that Mr. Gourlay considers BUf otbt of Pardon an in- sult.— [Ed. Sfntinrl, . > 18 li! I -It As your Excellency is to be guided in this matter by your Constitutional advisers, permit me to say that the Leg- islative Assembly, 1841, declared my imprmyimentand banishment, \S\^,"Uleg'd'" unconstituthnal, end without the p<>ssi.hi!ii, of CTcusc or paUiation," and recoinmomled that my " expenses skotdd Is paid vJdk. de- fending the rights cf a British Subject." I have received f.ome XI 20, I left England, 1317, to come to Ca- nada, having then, perhaps, the host re- gulated fanning establishment in the kingdom, and could count on an income of i^OO sterling a year. I came hero and lost all by false imprisonments. Your Excellency's obedient servant, ROBT. F. GOURLAY. To His Excellency Sir Edmund W. Head, Bart., Governor General, 4*c. ^-c. S^c. 103 Adelaide Street, ) Toronto, June 3, 1851. j" Sib, — Last week, I had a Memorial presented to the Legislative Assembly of which the following is a copy : — " To the Legislative Assembly of Canada : The Memorial of Robert Fleming Gourlay humbly sheweth : (A.) That, your Memorialist had a Petition ftresented to your Ilonourable House ast year, while he was in Scotland. (That, he was informed.in answer to said Peation that " The Legislative Assembly had passed an address to His Excellency to grant a fuU pardon to kirn." Also that ne " was at liberty to draw his pension.^' That, your Memorialist replied from Scotland that, he would receive neither f tension nor pardon ; and, that, if ife was spared, he would be in Canada more fully to plead his cause.) That, he left Scotland, August 11th, sailed from Liverpool 13th, and landed atPhil- adelpha 29th, 1856. That, he reached London, Canada West, September 1856, and had the whole transaction printed, soliciting countenance from the people. That, he has ordered the whole — reprinted — to be sent to each member of your Honourable House, and now entreats to be heard, personally, at the Bar of your Honour- able House.— And he will ever pray, ROBT. P. GOURLAY. Toronto, May 29th, 1857. SiK,--I have been informed that my Memorial, above copied out, was de- clared disrespectful to the Legislative ABscmbly. inasmuch, as it militated against whdt the Aasonibly had lant ye.ir ■Jer'liin-i.l. This Ijoin^Mho opinion of Ihe Sptniker of iho Af-embly, 1 have only your Exceljcnicy to appeal to, and bejr leave to stale as follows,— deny- ing tliat I have bcei; disrespectful in any way, or at uny time, to the As- sembly. My Petition of 1856 was composed and penned by Mr. John Cook, writer to the Signet, Edinburgh, my man of business, while, from ill health, I was doubtful of ever again being in Canada. Its main object was that my claims on the Government of Canada might be maintained, in case of my death ; and, more especially, that no stain should at- tach to my character — thence to be in- jurious to my family. My feelings, as to this last object, were so intense that! signed the Petition laid before me by Mr. Cook, deeming all pecuniary advan- tage as dust in the balance compared with what aifected my honour ; and had what the Petition prayed for been then j granted I would have sat down content- ed. But, the very contrary was the re- sult. An offer of pardon, as your Ex-, cellency will at once allow, implied guilt on my part ; and, without a mo- ment's hesitation, I replied from Scot- land, that I would receive neither pen- sion nor pardon ; and, that, if life was spared, I would be in Canada to pleadl my cause, I did, indeed, forthwith pre-* pare to cross the Atlantic ; and, in spite* of remonstrances from friends, whoi thought it impossible for me at myl time of life, to make good my resoluf tion, set out with oneof my daughters ;| and am here this day, thank God, t J maintain truth, and justice, — to prove| that the Speaker of the Legislative As sembly has grossly erred, and to ap peal to your Excellency. It may be recollected by your ExcelJ lency that, in conversation, I statef that all along the Assembly had erre in my case, from 1842 till now, and shall proceed to say how it did so. ^ The report, ia luy cuac, was luid be- fore Lord Sydciihain by unanimous vote of tho Assembly, 18-tl, and acknowledg- ed by his signature two days befox'e his death. The Administrator of tho Gov- ernment paid mo X50, to account for expenses ; and, with that, as confirma- tion that all was right, I left Kingston, intending to proceed to England, — there to submit the whole to tho su- preme Government. Expecting that tho new Governor General would land at Quebec, I abode there two weeks, in order to pay my respects to His Excel- lency, and acquaint him with my case. Then, however, it was reported that he would land at Boston, and thence pro- ceed to Kingston. I returned to that place, where I was served with a mi- nute of Council denying what the As- sembly had affirmed, and thus it be- came necessary for me to remain in Can- ada till parliament was again in ses- sion, that the^Assembly might^maintain its positions. When met, I petitioned, in order to this ; but instead of doing so, I was representhd as an object of pity ; and, as such, a pension was granted. Instantly I left Canada, and took my stand at Boston, there to state I my case, and be so situated that I could either go to my family in Scotland, or {return to Canada as occasion might require. There, I remained two years and seven months : printed all transac- Itions, and furnished copies to the Gov- jernment at home and abroad, — occa- iBionally visiting Canada while parlia- |tneut was in session ; but, till this hour, lave experienced nothing but disap- )ointment ; and now finally, approach irour Excellency, calling for enquiry as to truth and justice. Now, that I am here, 'desire that the Report of 1841 be ad- lered to; thatall subsequent proceedings 30 set aside and that, in the meantime, be paid expenses while defending the Rights of a British subject — pledging lyself to prove that the Report of 1841 |a, in all respects, correct. I have the honour to be, four Excellency's obedient servant, ROBT. F. GOURLAY, To lAe Ilonoiirablt tjir. Uptaktr. 103 Adelaide Street, .'. • , Toronto, June 4, 1857. Sir, — Annexed is copy of a Memorial which was presented for me, by Mr. Merritt, (see above) and, which he told me you said " was disrespectful to th* House, inasmuch as it militated against what the Assembly had, last year, declared,'* I have appealed to tho Governor General, and offered to prove that you, " the Speaker of the Legislative Assembly, have grossly erred." Under circumstances, I deem it fair to you and myself, to acquaint you on the matter ; and to ask what you have to say in your defence, — trusting that you will yet admit of my being heard at the bar, when you find that you have erred. I have the honour to be. Sir, Your obedient servant, ROBT. P. GOURLAY. {Not replied to.) Governor's Secretary's Office. Toronto, 0. W., June 4, 1861. Sib,— I am directed by Hia Excel- lency tho Governor General to acknow- ledge your letter of June 3. Hia Ex- cellency will lose no time in referring this letter to the consideration of the Executive Council ; but he desires me to remark, that it is no part of his duty to question or control the opinion of the Speaker of the Legislative Assembly as to the tenor of any petition or mem orial addressed to that Body. I have the honour to be, Sir, Your obedient servant. R. T. PENNEPATHEF. R. P. GouBLAV, Esq. ■'■''"' 103 Adelaide Street, Toronto, June 4, 185t. Sib, — I have just now received reply to my letter of yesterday, addressed to your Excellency ; and have to say that my letter was written by advice of Mr. Merritt, who presented my memorial which the Speaker complained of. Mr. Merritt told mo ^hat he had con- •ultod the Attorney General on the •P IP. t i: t i I! ' 'ill; I I subject ; and that lie said that a Bill would be prepared, in order to my re- lief in the way I should choose ; bo I understood it. Your obedient servant, ROBT. F. GOURLAY. N. B. — Ml. Munro, M. P. P.» was pre- sent when Mr. Merritt advised. R. F. G. Sir Edmund Head, &c. Sec. 103 Adelaide Street, June 6, 1861. My Dear Sib, — Mr. Munro, the bear- er, will tell you that I wrote to the Speaker yesterday — told him of his error, and asked to bo heard, for my- self, at the Bar of the House ; and now I have no doubt I shall be heard if you move for it. Mr. Munro, or any other, will,I doubt not, second your motion. Do, there- fore, thus far, oblige me. Yours, &c. ROBT. F. GOURLAY. The Hon. Wm. Hamilton Mebritt. Hon. Mr. Merritt moved that Robt. F. GouRLAY, Esq., be heard at the bar of this House at 6 o'clock this dav, in per- son, as prayed for in his petition. Yeas : Messrs. Aikins, Bellingham, Biggar, Bourassa, Brown, Chaffers, Cha- pais, Jean B. E. Dorion, Dostaler, Fer- gusson, Ferrie, Frazer, Gill, Gould, Hartman, Roderick McDonald, Masson, Matheson, Merritt, Nilcs, Patrick, Scatcherd, and Yielding, — 23. Nays. — Messrs. Baby, Benjamin, Bro- deur, Burton, Attorney General Cartier, Cauchon,Church,Fellowe8,Tho8. Fortier, Fournier, Gait, Gamble, Huot,Lumsden, Macbeth, Attorney General Macdonald, Angus Morrison, Price, Rolph, Sol. Gen. Ross.James Ross, Shaw.Sol. Gen. Smith, Stevenson, and Terrill, — 25. '■} Mt Dear Sir, — I went out to see you this moment and lost my chance to move : therefore you need not remain. I will move it at 3 o'clock this day. W. H. MERRITT. RoBT. GocBLAY, Esq., Tuesday 11 o'clock, (June 9th.) Sir Edmund W. Head, Bart. 103 Adelaide Street, Toronto, June I2th, 185t. Sir, — Referring to my note of 4th inst, I now beg to be informed whether or no, I have more to expect in reply to my let- ter addressed to your Excellency, dated June 3rd. I have the honour to be, Your Excellency's obt. servant, ROBT. F. GOURLAY. Governor's Secretary's Office, ) Toronto, June 12th, 1861. ) Sib, — I am directed by the Governor General to inform you that your letter of the 3rd was, on the 4th instant, 103 Adelaide Street. Dear Sir,— I have received your note, *I"^".i^f?'®*^ ^L^}^. ^*^.!"f!!f7_ x*iP-**^! and shall be ready at a moment's notice to speak for myself. ROBT. F. GOURLAY. The Hon. Wm. Hamilton Mebbitt. Tuesday, 9th June, 1851. 3 o'clock, p. M. Petition received and read : — Of Robert Fleming GourloAf, praying that he may be heard personally at the bar of the House upon his case. Of Charks E. Chadwick and others, oif the village of IngersoU, county of Provincial Secretary, in order that it might be laid before the Executive Council, for their advice thereon. I have the honour to be. Sir, Your obedient Servant, R. T. PENNEPATHBR. B. F. Gocblay, Esq. Sir Edmund W. Head, Bart. 103 Adelaide Street, ) Toronto, June 12th, 1851. ) Sir, — In answer to my note of thisi am told that my letter of the 8rd| _ . . day, I Oxford ; j^rayin^ this House to take was on the 4th transferred by your Ex-i into coBsideeation the case of Robert cellency to the Provincial Secretary, inl F&mnva Ooohliat. order that it might be laid before thel ef«- Executive Ootiiicil for Ihoir a' ■^.■-: I w 4n( *,,% . , .[ N r; , I MR. GOUKLAY'S CASE BEFORE THE LEGISLATURE. (Concluded.) 9ro. a. I. ., , (« :: ... To His ExuUcncy Sir WiUiwm Eyre. Kingston, July 18, 1857. Sir, — A month has elapsed since I tras informed that mv letter of 8rd Juno, addressed to the Governor Qcneral was " transferred by His Excellency to the Provincial Secretary, in order that it might be laid before the Execu- tive Council for their advice thereon," and I now beg to be informed by your Ex- cellency, what that advice is — address- ing for me to the care of the Hon. John Hamilton. Having come from Scotland last Au- gust on this business especially, you will be sensible that there ought to be no further delay in settling it, and the accompanying printed papers (Case be- fore the Legislature) will fully explain every circumstance. I have the honour to be your Excel- lency's obedient servant, ROBT. P. GOURLAY. (Duplicate July 20.) Your Excellency, that my " case in still be/ore the Executive Council" and 1 have now to say, that I have come here to await decision — and remain, Your Excellency's obedient servant, KOBT. F. GOURLAY. Lieut-Gen. Sir Wiixiam Eyrc, K. 0. B. Governor's Secretary's Office. ) Toronto, July 22, 1857. ) Sir, — I am directed bv His Excellency the Administrator of the Government, to acknowledge the receipt of your let- ter of the 13th inst., and to inform you that the case is still before the Execu- tive Council. I have the the honour to be, Sir, Your obedient servant, R. T. PENNEFATHER. Gov. Secretary. R. F. GouRLAY, Esq., Kingston. 108 Adelaide Street, ) Toronto, July 25, 1867. f Sir, — Under date July 22, I was in- formed at Kingston, by direction of 108 Adelaide Street, ) Toronto, July 80, 1867. f Mr. Gourlay presents his complinientH to Sir William Eyre. As his Excellen- cy may wish to be acquainted with Mr. Gourlay'^ case now before the Execu- tive Council, he accompanies this with publications containing all particulars, — begging that these may be returned after perusal. 103 Adelaide Street, July 81, 1867. Sir, — Having waited here for a de- cision six days, allow me to keep in mind that, my personal expenses were to be paid while in attendance before the Legisla- ture, defending the rights of a British sub' ject. This the Council can do forthwith ; and then take its own time to decide. It has elsewhere been stated that I had received iS120 to account of ex- penses ; and since then fourteen years have elapsed, during which time I have never ceased to defend the rights of a British subject. This will, so far, en- able your Excellency to judge what is now due to me on the score of expen- ses. Ah health and other engagements call me from Toronto to-morrow, may I beg the favour of reply in the course of this day. I have the honour to be. Your Excellency's obedt. servant, ROBT. F. GOURLAY. Sir W. EvBr, K. C. B. 1' I ill! m Kingston, Canada, July llth, 1857. Coveriiinent Mouse, Sir, — You may remember that on Toronto, July 31, 1857. my first interview with your Excellency I)ear Sir, — I am dcHired by His Ex- last October, I spoke of communicating cellency, Sir William Eyre, to acknow- with the Colonial Minister, on the sob- ledge the receipt of your letter of this ject of emigration, and establishing a day's date, to his address, and also to regular system at home and abroad ; which as yet has not been done, though more and more needed. While in England it would be well to think of it, and at any time I shall frankly submit my opinions and schemes, — which during many years have engaged my attention. I beg leave to submit my case before the Legislature, (printed) and remain your Excellency's very obedient sarv- ant, ROBT. P. GOURLAY. Sir Edmund W. Head. (A duplicate despatched ten days af' thank you for sending His Excellency a copy of the " Chrouicles of Canada," which he will read with interest and return to you. I am, dear Sir, Your obedient servant, J. G. IRVINE, A. D. C. Robert Gourlat, Esq., &c. QuEENSTON, August 8, 1^57. Sib, — ^Your Excellency has in posses- sion my publications, viz. " Chronicles of Canada"— "The Neptunian"— and my " Case before the Legislature" — all printed with the same object of defend- ter to the Right Hon. Mr. Labouchere.) ing the rights of a British Subject, and establishing my claims on the Govern- ment. I have now to beg that these docu- ments may be retained for reference by the Government. As your Excellency is only in tem- porary authority, I have no wish to push the main question to a conclusion ; but, I do appeal to your honour, as a gentleman, whether I am fairly treated in getting no reply to my letter of July 81; and of which a duplicate is annexed. Your Excellency's moat obedient and very humble servant, ROBT. F. GOURLAY. Sir William Eyre, K. 0. B. London, August 4, 185t. Sir, — I have the honour to acknow- ledge your letter of July 11, with its contents Anything of a public nature trans< mitted to the Colonial Minister during my absence fro:n Canada, should be transmitted through his Excellency the Administrator of the Government. I have the honour to be, Sir, your obedient servant, E. W. HEAD. Robert Gourlat, Esq. Government House, Toronto, ) August 10th, 1857. ) Sir, — I am desired by His Excellency Sir Wm. Eyre, to acknowledge the re- ceipt of your letter of 8th inst. The publications to which you refer are in his Excellency's possession, and Mount Elgin, September 25, 1857. Sir, — You see from the prafixed printed correspondence, that the Gov- ernor General refers me to your Excel- lency. Yon have in possession, " Chron- ides of Canada," " The Neptunian," and my " Case before the Legislature^ — all] printed by me. You will find, in the j Library of the Legislature, my " Sta* he is in the course of reading them ,.,.,. ^ j- tt >-i ,- « « i but His Excellency is not in a position, ''*''^ ^"^ "f ^PP^ Cmada," 3 vol- at present, to furnish you with any deci sion on the matters referred to him, but which have been laid before Council. I have the honour to be. Sir, Your obedient Servant, J. G. IRVINE, A.D.C. R. F. GOUBLAY, Esq. umes ; and two pamphlets — one " a i Manual of Worship," submitted to Her | Majesty, — the other, " a Record of Emi- gration Societies." These, perused with j attention, will speak for my schemes, principles, and opinions ; and, with all I their faults, are still valuable. From! these, you will be convinced of my zeal ti for the good of Canada and the huuuiu family ; and, you will be at a loss to conceive, as I am, how it comes abont that the present ministry are unfriend- ly to me — how they should have de- nied me a hearing at the bar of Parlia- ment — how the Executive Council should delay decision on my case ; and, how no reply is yet made to my letter of June y, which was referred to the Execu- tive Council by the Governor General. I have been in very feeble health the last two months, or you should sooner have heard from rae. The cooler air has now restored some degree of energy ; and, I beg leave to ask when there is to be an end of my cruel treatment by the Government I I have the honour to be. Your Excellency's obedient serv't. ROBT. F. GOURLAY. Sir William Eyrk, K. C. B. Governor's Secretary's Office, ) Toronto, Sept. 30, 1857. f Sir,- -I am directed by His Excellency the A iministrator of the Government to acknowledge the receipt of your commu- nication, dated. Mount Elgin, Sept. 25th. Hie Excellency without giving any opinion upon the question under consid- eration of the Executive Council, or upon the schemes or principles con- tained in your published works, is quite satisfied from what he has read of them, ithat " zeal for the good of Canada and the human family" is a powerful mo- [ tire of your conduct. I have the honour to be, Sir, your obedient serv't. H. COTTON. [In the absence of the Governor's Sec- retary. JR P. GOURLAT, K8q.,&c. P. S. — I beg to add that your publi- cations were returned to you on the 5th instant, to your address in Adelaide Street, Toronto. It would appear from E art of your present letter that they ave not reached your hands. Mount Elgin, October 3, 1851. Inhabitants of Dereham. I am now at home, among you, after being out of house and hold forty years, because of wrongs in Upper Canada ; and, but for printed records, all would be forgotten. A year ago, I asked the people of Canada to countenance me : now, I, more especially, solicit your patronage ; and, with that, feel confident of being yet useful to my fellow-men. During twelve months, I have ad- dressed the Government ; and, now, close correspondence, finding all in vain, as you will think when the above is perused, with the two former printed papers. When responsible government was obtained sixteen years ago, many be- lieved that all was well ; but what said Doctor Dunlop ? " Responsible govern- ment is a trap set by rogues, to catch fools," and, i^ I am to believe Canada news- papers, that has been verified. What should be done ? Just what I advised in 1818 — that, for which I was perse- cuted. Thank God, I yet live ; and, although I have seen eighty summers, and am lame, feel confident of guiding you to good, — yet confident that this fine province may become the happiest spot on the habitable globe. Will you listen? ROBT. P. GOURLAY. f-i! 9«' MR. GOURLAY'S SPEECH. PART SECOND. Ii m m m m Mr. Speaker, — But for the caprice, — or, shall I Bay ignorance, of your prede- cesBor, my business here might have been closed last session. He, Sir, — the then Speaker, threw aside my petition presented by Mr. Merritt, as disrespect- ful to the House, and, what has been the consequence ? — My detention in Canada these last twelve months ? Yes, Sir, here I am, instead of being in Scot- land whence I came to determine this business. This, Sir, is a matter of no small importance, and that you, and the Assembly may judge of it, I beg leave to read the petition in question. (See A, page 18.) Sir: — having read the petition,Iappeal to you and the House if a single word is improper ; or, in any way disrespect- ful. By and by, I shall have occasion to enlarge on this subject ; and, in the meantime, shall proceed to the main question which has brought me here. In the year 1841, this House ap- pointed a Committee to investigate my buBiness,placed before it by Petition,and I shall now read the Report of that Committee. (See B, page 14.) This Report was approved of, and by an unanimous vote, was laid,by address, before the Governor General, who signed it, and died within two days. After the funeral, the case was made known to the Administrator of the Gov- ernment, who paid me £50 to account of expenses, with apology that more could not then be spared from the treas* tiry. Conceiving that all was now settled, I resolved to go to England,— there to lay the whole before the Imperial Par- liament, and did proceed to Quebec, where it was expected the new Gover- nor General would land and, by whom, I wished to have certain documents authenticated. Aftflr waiting two wi>ekR at Quebec, it wis reported that he would land at Boston, and thence pro- ceed to Kingston, to which place 1 re- turned.there to see hisKxcellency. To my astonishment, I was served at Kingston with a " Minute of Council," with- standing the positions of the Assembly, which made it necessary for me to re- main in Canada till Parliament was again in session, in order that the As- sembly might sustain its positions. When Parliament met, I was at St. Catharines, and being in very feeble health, despatched to Mr. Neilson a Memorial drawing attention to my business, which I beg leave now to read. (See the " Xeptunian.") V This Petition was declared by the Speaker to be " informal, and to contain improper language ;" whereupon Mr. Neilson, seconded by Doctor Dunlop, made apology for me as being weak in body and mind, and obtained for me a pension of £50 per annum, " in conside* ration of my losses and mlBfortunes." No words can express my feelings on reading, in newspapers, this re- sult, — finding myself pensioned as an object of pity ; and my stay of a year in Canada rewarded thus, instead of having the " Minute in Council" treated as it deserved; for, I was prepared to shew it off as infamous; and, in- deed, had characterized it as "faUe, frivolous, and vexatious, — maiokish, and impertinent." Sir: — Should a Committee be ap- pointed to enquire into details, I shall have no difiSculty in shewing that these words are correct; and, now, I would call attention to the Speaker's con- duct regarding Petitions. It is a fact which can be proved by reference to The Votes and Proceedings of the Im- perial Parliament, that I have had more petitions printed therein than any oth«r ri individual, and never was any petition of mine objected to by any one. Here, however, in Canada, the Speaker inter- feres, again and again, and blasts my purposes. Here, too, there is a Com- mittee which decides as to printing pe- titions, Early this session, Mr. Munro, on my request, moved that my petition, which procured for me this hearing, should be printed. It was important for me that it should be printed, in order that copies might be sent to my friends in the country who were dis- f>osed to aid me this year, as they did ast year, with prayers that I should be heard at the bar; but, no 1 The Minis- try were opposed to my being heard; and the printing of my petition was i*e- fused 1 1 It could not be to save the cost of printing; for the petition was a short one; but it was to defeat my de- gire to be heard at the bar; and I ap- peal to you and every member of this House if the refusal was not shameful. Sir : — I appealed to you and the House against the conduct of your predecessor, in setting fiside my petition of last year ; and, to this day, I appeal against the Speaker's conduct in the year 1842 ; but more especially against the conduct of those who gave way to the Speaker's declaration and set mo down as an object of pity. Sir, Mr. Neilson and Doctor Dunlop were respectable men ; and, I doubt not, meant well towards me ; but they had no right whatever to act as they did. If my petition Avas faulty, it might have been withdrawn, and my business brought to notice by another: but what was done ? ACoinmittee sat and reported that " Your Committee, in the present state of the session, have not thought it expedient to enter into any enquiry into the reasons that have prevented the address ci' this House to Hiii Excellency of the 16th Septembci', 18i\l, and the report thereon referred to, from being fully acted on," &c. The Committee did, in fact, do what it was not called to do; and neglected the chief matter, — shewing oiT the " MintUe in CouticW as it deserved. Sir, — The inconsiderate doings of Messrs. Neilson and Dunlop, have, till this day, involved me in trouble ; and it remains for this House to correct ! their errors; — to expose the baseness of the " Minute iv Council ;" and sustain the Report of 1841. I myself have lost no opportunity to do this. In 1843, I had a petition presented to the Assem* bly ; but, that very day, the Ministry resigned. In 1846, 1 had four petitions present* cd and printed in the journals without avail ; and now, for the first time, I have opportunity to speak where I now am ; and, here, Sir, I pledge myself to make all clear, if a Committee is ap* pointed to listen to details. The Report of 1841, recommended that the Crown should repudiate th% transaction by which I was persecuted to m ruin ; and that the Crown will do, doubt not, when required by this House. It was further recommended, that the Legislature should cav e. tiu to be compensated for losses sustained by tht unwarrantable exercise of au^Aori/y:— and this, also, can be done. But, Sir, per* mit me to say, that, had I gone to Eng- land 1841, instead of being detained in Canada by the false " Minute in Council" — all would have been settled to my satisfaction. No doubt, the Crown would,there, have frowned down the villainous transaction by which I was persecuted ; and, there, I could have proved what losses I had sustain- ed. Here, I can only assert that, be- fore coming to Canada, I never reckoned my yearly income less than jB500 — while I had, besides, provisions for my wife and children. By false imprisonment in Canada, \ not only lost hold of all property in Britain; but was involved in endless liti- gation: — nay more, iinding myself with- out monied means on my return home after banishment, I went to London, bor- rowed i2200 from a friend, and meant to enter as a student of law ; but because of banishment, could not be received by the Benchers ; and thus, ever since, ruined as a farmer, shut out from em- ployment in law, and harrassed with li- tigation, 41 ycais of my life have been rendered, not only profitless but miser- able. At this moment, I have nothing ♦for it, but existence in a log-house on ray land in the Township of Dereham — nothing for it, but my appeal for jut- tice to this Honourable House. CORRESPONDENCE RESUMED. m Sir Wm. Eyre having perused the accompanying publications, begs to return them to Mr. Gourlay, according to his request. ( Case before the Legila- ture Nos. 1 and 2.) Government House, ) Toronto, 5th Sept. 1867. ) {Received on returning to Toronto, June 1858.) RossiN House, June 23, 1858. Sir, — Being here prosecuting my suit before the Legislature, I beg leave to inclose, for your Excellency's perusal, two printed papers which were sub- mitted to Sir Wm. Eyre and returned to me. Your Excellency's obt. Servant, ROBT. F. GOURLAY. Sir Edmukd Walker Head, Bart., &c. &c. Government House, ) Toronto, 23rd June, 1858. ) Dear Sir, — I am directed by the Governor General to thank you for the papors you sent to him. Your obt. Servant, J. G. IRVINE. R. F. Gourlay, Esq. 'I 156 Adelaide Street, ) July 15, 1858. ) Sir, — Your Excellency, — going from home, — I also went to the country, and returned to Toronto only yesterday. Permit me, now, to call attention to the printed papers returned to me by Sir Wm. Eyre, and sent to your Excel- Iency,23rd ultimo. It will there be seen that under date June 4, 1857, I was told by Mr. Pennefather that my letter of June 3rd, would be referred " to the tffnsideration of the Executive Council." Under date June 12, 1857, I was tol^ by Mr. Pennefather, that, my " letter of tie Zrd, toas, on the ith iruttmt, tra/nsf erred hy Hill ExeeUeney to the Provincial Secre- tary, in order that it might be laid before the Executive Council for their advice there- on." After your Excellency had sailed for England, I was informed by Mr. Penne- father under date July 22nd, 1857, di- rected by His Excellency, the Adminis- trator of the Government, that " Hfe case is still before the Executive Council." May I now beg to be informed if anv decision is yet come to by the Council after the lapse of twelve months, and what " advice" if any, is given thereon. I have the honour to be Your Excellency's obt., servant, Sir Edmund W. Head, Bart., &c. &c. ROBT. P. GOURLAY. (Not replied to.) 156, Adelaide Street, July 17, 1858. Mat rr Please Your Excellency: While waiting reply to my lettsr of 15th inst., I take opportunity to call to mind matters which, probably, never seriously arrested your attention ; but which, nevertheless, are very impor- tant. On my first interview with Your Ex- cellency, October, 1856, 1 spoke of em- migration, and suggested the re-issue of my queries, which, in 1817, gained the most valuable information of that time, viz., what is published in the first volume of my statistical account of Upper Canada. You said you would refer the matter to the Bureau of Agriculture ; whose Secretary, forthwith, furnished me with books, and signified that these would supersede the need of what I had sug gested. Mr. Vankoughnet afterwards made a call on Townahip Councils to furnish him with lists of such persons — immi- grants — as could be received and em- ployed. I was hopeful that this might be fol- tlk^ lowed with beneficial conBequcnceM tu all parties : — immigrantB and employ- ers. The Town Council of Dereham, also Eanguinc of good, made out a list of upwards of three liundred persons who could be received and employed ; but all proved in vain ; and, it appeared, that, Mr. Vankoughnet had engaged in a business with which he was not suffi- ciently acquainted. On my second interview with Your Excellency, I alluded to this, and sug- gested a correspondence on the subject with Mr. Labouchere. More than that, I wrote to Your Excellency in Eng- land, under date July 11, 1851, and called the matter to mind ; but, from Your Excellency's reply, dated London, August 4, 1857, it was evident that my hint engaged no attention. Let me now, therefore, press on Your Excellency's notice, this very important business ; and, in proof that I have long and earnestly paid attention to it, permit me to refer to a pamphlet do- posited in the library of the Legisla- ture, entitled " a record of emigration SOCIETIES," published 1829. Your Excellency's very humble servant, ROBT. F. GOURLAY. Governor's Secretary's Office, Toronto, 19th July, 1858. Sir: — I am directed by His Excel- lency the Governor General, to acknow- ledge the receipt of your letter of 17 th instant, and to thank you for your sug- gestions. His Excellency will send to the Library for the pamphlet you re- fer to. I have the honour to be, Sir, Your ob't Servant, R. T. PENNEPATHER, Governor's Secretary. R. F. GouRLAY, Esq. the matter