IMAGE EVALUATION TEST TARGET (MT-3) / O :/. 1.0 I.I If 1^ Hii ■^ !■■ 111122 ui Hi — l^ 11° 1.8 1.25 1.4 i4 -^ 6" - ► m ^ /a /: '^ ,^ y >^ Photographic Sciences Corporation s. ^ 4? ^^4 % V ^ > :^>. ^ %^ <^ 1*. 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 f o Z ^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques 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 D D D D D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommag^e Covers restored and/or laminated/ Couverture restaur6e et/ou pellicul6e Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes g^ographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ Lareliure serr^e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une restauration apparaissent dans le texti . mais, iorsque cela 6tait possible, ces pages n'ont pas 6t6 filmdes. Additional comments:/ Commentaires suppldmentaires; L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiquds ci-dessous. I I Coloured pages/ D D D D Pages de couleur Pages damaged/ Pages endommagdes Pages restored and/or laminated/ Pages restaurdes et/ou pellicul6es Pages discoloured, stained or foxed/ Pages ddcolordes, tachetdes ou piqu^es Pages detached/ Pages ddtachdes Showthrough/ Transparence I I Quality of print varies/ Quality in^gale de I'impression Includes supplementary material/ Comprend du materiel suppldmentaire □ Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 film6es d nouveau de fapon d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est film6 at. taux de reduction indiqu6 ci-dessous. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X laire s details lues du It modifier iger une e filmage 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 the condition and legibility of the original copy and in keeping with the filming contract specifications. L'exemplaire film6 fut reproduit grSce d la gdndrositd de: Bibliothdque naticnale du Canada Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire filmd, et en conformity avec les conditions du contrat de filmage. 1/ iu6es Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- 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. aire The last recorded frame on each microfiche shall contain the symbol —^-(meaning "CON- TINUED"), 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: Les exemplaires originaux dont la couverture en papier est imprimde sont filmds en commenpant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmds en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole —^ signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, tl est filmd d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. by errata ned to lent une pelure, fapon d 1 2 3 32X 1 2 3 4 5 6 'S'»,1- THE CASE O F PETER DU CALVET, Esq. Of Montreal in the Province of Quebeck. CONTAINING, (Amongft other Things worth Notice,) An Account of the long and fevere Imprifon- ment he fufFered in the faid Province by the Order of General Haldimand, the prefent Governour of the fame, without the leaft Offence, or other lawful Caufe, whatever. To which is prefixed, A DEDICATION of it in the French Language, (Mr. uv Calvet not underftanding Englifli) To the King's Moft Excellent Majesty, Humbly imploring the Prote«5lion and Countenance of hU Majefty*s Royal Juftice in his Endeavours to procu.e fome Compenfation for the Injuries he has received. LONDON, Pointed in the Ysar M.occ.Lxxxir* ! ~ Sa tres Excellente MAJESTE, GEORGES III Roi de la Grande Bretagne, E T Des Provinces y appartcnant. Sec, kc. SIRE. m N Roi eft pour fes PeupJes -, et ce font ks coeurs de fes Jujets qui formentle tribunal oil fe decide faiu appel le Genre d'immortalite qui V attend, Les no tres ont depuis long- temps prononce en farceur de 'votre MajefJ : Ellc met fa gloire li €lre le Ptre de fs fujcts : Elk n'ejlime dans la Royautc que le p'Arjcir quelle lui donne de J aire dcs bcurcux. La a Clemcrxe^ VI DEDICATION. C!i'ir.cncL\ I'Humaniic^ V Amour dc la yu/Iice et dt's Loix, tout OS Ics icrtus regncnt avec die jar k tro/ie. La rcconmrffance publiquc fc cbnrgc dd iranfmettre a la po/lerite le riom de '■^otre Majejle a'vcc touts les iroifports de V Admiration ct de V Amour, i 4 51 Vii Souvcrain d'un cardBere aufjl augujie nc mcritc que des fujets qui lui reffemblenf, S'il depute des cfficiers generaux pour !e re- pre [enter dans fes domaines cloigneSy ce ne pent etre que dais la confiance et la prefomption de Iciir voir copier fes i-ertus d'adininijira' iion, Tromper des 'viies fi dignes de la Roy- mitc'y ce ferolt trahir la Royaiite meme en lui imprimant une tache etrangere, qu'elle tie fe- roit pas capable d*imprimcr elle-meme a fa gkire* Cette trahifon, Sire^ cette degradation de la Grandeur Royalky a ofe fe produire a la face de tonte une colonic Angloife, Un etrau" ger DEDICATION, Vil 'a Jufiice 2cnt aiec publiquc 'e le ,wm ifports de % ^l augujle ffemblenf, ur le rc- ' ne pent ^fomption minilira' la Roy- ^e €71 hit ne fe- "te a fa ition de e a la etran-* gcr gcr (ccr tin Afiglois, dJpufJ pour reprcf ntcr le mcilliur dcs Princes^ rcugiroit d'etre tircn) iin elr anger en cfc Ic det>: liable au- tciir, UhifortiiJiee pro'-drce de ^ehec a etc le theatre oil elk a ecLuc avec audace^ a la ierreiir de touts fcs habitants. Le defpctifhc dans le coeur, et un jceptrc de fer a la main, ... General Ila/Jiniand n'y gouverne pas, rnais il y gcurmande les ptuples en ef- ciavcs, A la fcrccur des opl^ri/ji-.ns Ls plus atroccSy il jicublie rien pour ajj'cihiir — ilue dis-je ^ pour brifcr Jans retour^ — les liens de Sentiment qui attachcnt les fujcti an Sou- 'uerain : 11 compronut^ par fjs ^vexations inoiiieSy Vhovncur de la Nat i en, qui met fa gloire it na^'cdr dans f/n fein que des hcnuncs libres, et qui ne fe doutoit pas, en i'lu'ip- tant, quelle s'lncorporoit un tiran refjiu a tnettre au>: fers une par tie de j\s Jujets, Car telle eji aiijourdhui^ Sire^ la trifle dcjlijice de la province de ^ebec. Tout y pa/dt [bus un Joug de per : la tyranrJe y deploye fans a 2 mc' '0S • •• VUl DEDICATION. inenagemcnt tout Vapparcil de fcs fitrews : Lcs fit'ursy It's ge//iiJJhneiitSt la ierreur, le dcjefpoir, y rcgncnt dc toiitcs parts ; €ty Jl divcr/t's circGnJliUices ne inettotcnt des entraxcs a line Juite gene rale, la pro'^y.nce de ^lihcc fcrcit bicn-tol deferte* Ce qnil y a de plni (itroce, c'cjl que l\nitc:ir de ces cahimites pretend les corifacrer^ en fe parant du ?2om de vo^re Mujejle qiCil reprejenie, et en fe coircrant de Vautoritc royalle^ en ''certii dc laquelle il pretend agir ; cejl a dire, qiC a ne juger de la perfomie royalle que fur lcs prctcnfans du ineilleur des Princes dans lui^ meme a Londrcs, le General Ilaldimand en Jait a ^ebec le plus odieux des Souverains par reprefentation, U outrage fait au Mo- liar que ct aux Sujets eft fan giant, Mais^ place ail dcjjus des loix par fa place , le cou- pable fe joiie a ^lehec de toute fuftice -, il y triomphe de fon injuftice, et y joilit avec impunitc de fs fureurs* /. L iet\ ta\ a 7nc Ve a rcn Bourreli DEDICATION. 'ureurs : ^'etir, le J et, Jl entra'vcs de p'm 'ahunitcs du mm * en fe :ertu dc ', qiC a jur les 2725 hit" and en verains u Mo- Mais^ le CQH- ce 3 // 1/ a^occ mrreld *£ Bourrcld par ks rcmords cuifanH d'une con^ fcicncc qui k jugc ct le condamnc^ Ic Gowverneur HahUmond n ignore pas la 'vengeance edatante que les Loix I ui pre parent c Loudrcs, Jl ne peut h'ur cebap>er que par une fuite clandcjline et hon- teuje dam fa patriey pour idler y etaler le fpec- idcle d' line opndence gagnee dam im fervieeqiiil a dejhonore par fa t^jrannie, Ccjl a cette indigne mefure quil femhle 'vouloir ccoir rcccurSy quanj. V expiration de fon Qowucniemcnty en le rendant a fa condition pn'i'vie^ Vaura co-njequeinment rendu yujliciable , ':s Loix, Sire^ la Gloire de la p>erfonnc royalle de "eutre Majefte^ la gloirp de touie la Nation^ celk\ enfit^ lie la Conjlitution d' Angle fer re, reclament hautc^ inent p)Our le pnnir oii\\\\ ou moi ; — Lui, sil a dcjljonore la MajeJIe royalle, quil reprejentoit ; — -?/ Moi, Jifoje ici deferer injujlemcnt le repre^ fentant de mon Souverain an tribunal de mon ^ouverain meme, et a celui de tcute la nation^ A-joir reprefentd an meillcur des Princes les droits de jc BEDlCAriON. ik la ^jujllce cpprimci'i cjl tin gage afur': ik la voir bien-iot fatisfiute par Ics wyes dignci de fa SagrJJe ct dejbfi Equitc. Dans tin cas d'wie confequcnce hi en mo ins inj" pf.rtante^ d'un fiijet Canadien (Monjieur Cugnet de ^ebec, en I'cnnee 176 2, J qid fe pUngmit^ qiiciqu d tcrty des ijive^hes outragcantes d\m Ccui'erneur [la General Murray,) 'votre Ma^ jefe fit juger juridiqucmcnt Vaccufe fans cooir egard a fa qualite de Gcwverneur, ye 7ie puis citer a rimitaticn de 'voire Majejle nn plus illufire modele a copier^ que 'uotre Majejli meme :-'-Sur^ tciity dans nne circonjlance riu ioiite une Cclonie clarmce, (pour fe conjoler de fes malbcurs dans Vefperance de Ics voir adcucis cu reparesj at- tend la yujlice que je foUicite dans le Me moire que j'ai rhojineur de prejenter au trone, et qui Tie contient quune legere ehauche de mes per /ecu- iions et de celles de touts les Canadiens, Sur le lord de ma fofje, creufee l^'avance fous mes pieds far les violences de la tyrannic, mon jugemcnt ejl iiu:ique i DEDICATION. XI 'lire tie la gKcs de fa mo ins im^ ur Cu^nct fUngnolf^ intcs d'tui 'otre Ma- Qj/is a'voir Je 7je puis )lus illuftre lie Cclonie >ciirs dans (ires,) at- Memcire nCy ct qui s perjecU' Sur le f mes pieds 'ganent ejl /'unique ejperance qui tnc rejlc pour mourir au tmins avec honneur et content, y^ai IJionneur d'etre^ avec Ic plus profond refpe^ et le devoiiement le plus univcrfel^ SIRE, De voire Majejle, le tres bumble et ires obeijfant Serviteur, et ires affe&ionne St/Jet, PIERRE DU CALFET. ADVERTISEMENT. -t hpIIE following Cafe of Mr. Du Calvet has been' drawn up under his infpedtion, and from materials fuinlflied by him j and every page of it has been ex- plained to him in the French language as foon as it has been written ; and fuch alterations and corrections have been made m difi'erent parts of it as he thought were neccfiary to make it perfectly exprefs his meaning : So that it may be juftly confidercd as being as much his own ftatcment of the faCts it relates as if it had been all written by himfclf in the French language. JL. - iii { ' ) THE CASE NT. iT has bccnt im materials as been ex- )on as it has :<^ions have ought were eaning : So s much his ad been all O F PETER DU CALVET, £sqj Oi Montreal in the Provhicc of Qucbcck. MR. Du Calvet is a French proteflanf; born in the province of Guienne hi Old France, of a good family at or near Touloufe. He was heir to a hjndlbnie cilate in land in that country, which has iince fallen to him upon the death of his fa- ther ill the year 1762. In the year 1758, while the province of Qucbcck, then called Canada, was yet i'ubjcct to the crown of France, he refolvcd t- ; l'0» and fettle in it as a merchant, and, wi:h that view, he procured sin aflbrtment of gocd^ A luucd ( 2 ) fuited to the trade of that country, with which he let fail for Quebeck in the beginning of April, 175^. He was fhip-wrecked in the river Saint Lawrence, about 100 miles below the town of Quebeck, and loft his goods ; but purfued his voyage without them to Que- beck, and arrived there in the month of June. He ftayed at Quebeck but a fhort time, and went loon after, about the end of July, to Miramichi, a French port in that part of A- cadla, or Nova Scotia, which is out of the peninfula of that name, with a new alTort- nicnt of goods which he had procured at Quebeck, where he was appointed Garde- mugr.^in en chef, or principal commifTary of the French king's provifions and ftores at that ]iort, at which many of the poor French fet- tlers in different parts of Nova Scotia, or A- cadia, who are generally known by the name of the Acadiansy and who had lately been expelled from their fettlements by the Britifli government, had taken refui!;e. Thefe un- happy people, to the number of three or four thoufand fuuls, were at that time maintained at the Fi"ench king's expence upon provifions furnlined from his flores. At this port of IV^lramichi there were at that time above a hundred Englilh prifoners, chietiy officers and foldiers j to whom Mr. Du Calvet did all the fervices in his power during the whole Vaw^ of his ccntinu ncc in that olhce ol Com- miliury, both at the aforefaid poll of Mira- michi -1 VI a ith which ginning of ed in the iles below is goods ; n toQue- 1 of June, time, and f July, to )art of A- 'it of the evv aflbrt- ocured at ;d Garde- mifTary of ires at that rench fet- ia, or A- the name tely been he Britifli hefe un- ee or four laintained provifions port of le above a otticers alvet did the whole I ot Com- uf Mira- niichi y [ 3 ] michl and at the pofl: of Rifllrronche in the Baye des Chaleurs, to which Mr. Du Calvct removed the French king's magazines of pro- vifions in the following montii of May, 1759, and which was about 200 miles from the former pod, on the north fide of it. Of this good treatment of the Englifli prifoners at this pofi-, the following extrai^t from a certi- ficate given him by lieutenant Cn^far Cormick, of mnjor Rogers's body of Rangers, who was one of them, will be allowed to be a fufiicient proof. To any of his Majefly s Officers^ greetwg. ** Whereas the bearer, Mr. Du Calvet, Commifiary at Rifligouche, has been of the greateft fuccour to our poor prifoners here, I do hereby earneflly bcfcech any of his Majefty's fubjeds into whofe hands he may fiill, to let the world fee that the candour of Britons furpaifes that of all other nations ; and they will oblige him who fufi^ers daily in being abknt from the glorious expedition now in hand. (< (( << (( ain ■1; any tempt of the favages, and that the vefiel fhouid immediately be placed at an -n- fchor in the middle of feveral others that were [ 6 ] were then in the harbour, in order to iis greater lecurity. This was a great diflippointment fo the favnges, who immediately reiulved to go to a place called Carraquet, at the mouth of the Eaye des Chal"urs, near which they kne*A* the veilel, in which the prifoiiers were, muft pafs in its way to Fort Cumberland, and where, in all probability, it would even be nccellary that they ihould iiop and lie at an anchor for fome time, on account of the rocks and breakers with which that part of the Baye des Chaleurs abounds, and which make it very dangerous and difficult to go through it, except in very favourable wea- ther. Here the favages refolvcd to way-lay the vefiel, and attack and put to death the Englifh prifoners. And they accordingly fet out for this place immediately in about fif- teen canoes, containing from four to fix men in each canoe, all well armed, with which they went very near the fliore fo as to avoid thofe rocks and breakers which were danger- pus to vefTels of greater depth. This motion of the favages very much aiarmed Mr. Du Calvet, and Mr. Bourdon, (the commanding officer at Rirtigouche,) and made them refolve to ufe every poffible means to prevent fo cruel an outrage. They there- fore called together feveral of the Acadinns who ' & u a ir a c tl a ai to Its to the go to a of the new the , muil d, and ;ven be ie at an of the part of i which It to go le wea- way-lay nth the ngly fet out iif- IX men which o avoid danger- much 3urdon, le,) and ) means there- cadinns who r 7 ] whc were under their direflion there, and exhurtud them in the flrongell: manner, and upon every motive of religion, humanity, and policy, to join with them in endeavour- ing to jToteft the Englifh priibners from the att.-ck of the favages. The Acadians readily conicntcd to ufe their utmoft endeavours for that purpofe ; and Mr. Du Calvet immedi- ately } icked out fixty of the ftoutcil of them, and went with them, well armed, into ano- ther vjilelof about fixty tons burthen, called the Jafon, to attend and guard the velTel in which the Englilh prifoners were, till they fliould have palled through that dangerous part of the Baye des Chalcurs in which the favages were lying in wait for them, and fiiould have entered fully into the Gulph of Saint Lawrence, fo as to be compleatly out o[ the reach of any farther danger from thofe Under this efcort, the Englilli prifoners begun their voyage from Rilligouche towards P^ort Cumberland, or Halifax, on the 7th of September, 1759 ; and the next day both velfels arrived at a place called Chipagan, at the diilance of about 90 miles from Rifli- gouche, and about 9 miles from the abo.c- mentioned place called Carr.iquet, where ths fav.;ges were lying in wait for them, ijjth velleis continued at Chipagan froni the t'th of September to the icth, wheu they fet faii [ 8 ] fail again and went to Carraquet, and there they lay at anclior till the next day. This was the place at which the favagcs had re- folved to fall on the Englifh prifoners and murder them : but when they fCiW them fo well protedlcd, they were afraid to make the attempt, and gave the ufual marks of their vexation at the difappointmtrnt, by wrapping thcmfclves up in their blanket coverings and (landing with their heads down in a penlive and melancholy pofture. On the following day, the iith of Sep- tember I759> the veflel, in which the En- glifli prifoners were, fet fail again from Car- raquet towards Fort Cumberland ; but Mr. Du Calvet with his Acadians continued at Carraquet till the 14th, when it was almoft impolTible that the other veflel could by any accident be brought within the reach of any attempt of tliefe favages^ and from the winds^ that had prevailed in the rner.n time, it was next to certain that they mult have pafled the Oulph of St. Lawrence, and reached Fort Cumberland. On the 14th Mr. Du Calvet and the Acadians returned from Carraquet to Riiligouche. Of this humane condu(ft of Mr. Du Cal- vet and the Acadians under his diredion to thefe Englifh prifoners, the following certi- ficate of Lieutenant Gormick, which was given glV( tt any] at t armi to <( 4C go to the Scotia, at year, and iber of A- , that the he ftate of of provi- , there for the iSth a party of ; then at in fiivages al, on the ued there 3er, when s furren- to Ge- ft. Here in Lieu- been fo fury of mg year, dged the lerfl ac- fent for nany ac> igements knowledgements for his humane comluLl: on that occafion, and many otters of doinij Wan ierviccs in return. Li the f)11ovving year 1761, General Gage, who was at that time the commanding olli- cer in the dillrict of Montreal, gave Mr. Du Calvct a pafs-port to go to Qucbeck, in order to take his pailagc frcnn thence to Eu- rope. The town of Qnehcck, and a diftri^^ of laud about it, were at this time under the command of General Murray, as the town of Montreal, with the di(lri6t belonging to it, M was under that of General Gage, and the town and dlflrid of Trois Rivieres, or Three Rivers, (which lies between the two former) were under that of General Burton. When Mr. Du Calvet came to Quebeck with Gene- ral Gage's pafs-port. General Murray diiired him to poflpone his voyage to Europe, in or- der to render the Englifh government a fer- vice, for which he was better c^ lalificd than \ any other perfbn the General could then em- ploy, by reafon of his acquaintance with, and influence over, the Acadians above-menti- oned, who, after being driven from their fettlements by the Englirti in the year 17^7, had taken refuge on the fea-coaft of the Gulf of Saint Lawrence at the above-mentioned ports of Miramich', Riftigouche, and at Ni- pifTiguit, and other places on that coafl, as far as Gafpey Bay. Thefe t t2 1 Thcfc Acarlians had been confulcr th:; li'-ngliil\ govcrnnicnt as fubjccSts c^ovvi' of (jrcat- Britain ; becaulc thi bcT*n iculod in Nova Scotia, which, 1 treaty of Utrecht, had been ceded to Tliiiain . neverthelefs as little or no h'.id been tak«.u cf them by the I3rit vcrniiiciit for ninny yeai-s after the pe Utuohf, they had continued to confider tb^mfeivcs ab French fubjeds, and to be fo ccniidcrcd by the brcnch government. At laO.. in the year 1757, they were expelled by the Eijglifh troops from their fettlements in K')va ocotia, where they had lived for many years, with the reputation of a very harm- lefb. virtuous, and induilrious people ; and they had thereupon taken refuge in the more remote parts of the province of Nova Scotia, at .! diilance from the peninfula of that name, alono: the fouth coaft of the Gulf of Saint Lawrence, from Miramichi to the Bay of Gafpey, which borders on Canada. Here they were maintained, in a great meafure, (as has been related) at theexpence of the French kin^, by provifions allowed them from his flore-houfes ; and continuing to confider thcmfelves as fubje6ls of France, they occa- fionally exercifed hoflilities againft the Eng- lillij and particularly by fea, by taking, when they had an opportunity, fome of their fliips that Were laden with provifions or military ftorcs for the ufe of the army, then employed 'cd by { 1 of the t t cy had ? ' a by the t( Great- n notice i(h go- ace of rr m ilcrcd by ts of the they had I, by the to Grcat- no notice Iritiih go- peace of confider to be fo lent. At :pelled by ements in for many ry harm- »ple ', and ithe more va Scotia, lat name, of Saint 5 Bay of a. Ilere afure, (as e French rom his confider ey occa- |he Eng- g, when eir fliips military ployed in 1B| 1 i t '3 1 in the expedition againft Qucbock. And in this kind of warflirc they had had confidcr- nblc fucccfs, having taken no lefs than fif- teen or fixtcen (hips of this kind, during CIc- neral Wolfe's expedition. This condu(5l was refented by the Britiih government, as being contrary to their duty as fubjedls of the crown of Great-Britain, as the Britiih government efleemed them. And accordingly General Amherft refufcd to com- prehend them in the 39th article of the ca- pitulation at Montreal, in September, 1 760, by which he engaged that none of the Ca- nadians Ihould be fent either into any of the EngliQi provinces in America, or to Old Eng- land, or be troubled in any manner, for hav- ing borne arms againft the crown of Great- Britain. Being in this infecure condition, they continued to commit hoftilitics againft the Englifti for fome time after the fiid fur- render of Canada, in September, 17^0, and made captures of Englifh veftels in the Gulf and River of St. Lawrence, through tlie win- ter of the year 1760, and the fpring of the year 1761, Thefe hoftilities created a good deal of tmeafinefs at Quebeck, and were a great check to the navigation of the river Saint Lawrence. And therefore General Murray, who comnKinded (as we before obferved) in the ■f 1 Eh) the diflrid: of Qucbeck, refolved to put a flop to them as foon as poffible, With this view he lent out a brave and adive Cana- dian, wbofe name was Grandmaifon, to- wards the above-mentioned country, in which the Acndians had taken refuge, on the fouth coaft of the Gulf of Saint Lawrence, to per- funde them to fubmit to the Britifh ers, and It would heir fa- defired of what ^pair and :o begin lem, the cadians, r refpec- deavours lue. [ '7 i The letter itlclf was in the words following. A Quebec, Julllet 7, 1761. << Meflieurs, " Son excellence vient de recevoir des or- " dres a votre ftijet. II a reprcfcnte votrc *' trifle fituatlon d'une maniere fi forte qu'on '' a donnc ordre de vous faire montcr avec *' vos families, et de vous donner dcs vivres, '* jufques a ce qu'on puilfe vous etablir ** quelque part dans cette colonic. " Quelque fnjet de plainte qu'il pent avoir, ** il vcut bien tout (>ublicr jufques a ce jour. *' II vous en donne fi parole j et pardonne ** meme par cette prefente a tons les dcfer- ** teurs Anglois parn^ri vous, le nommc Car ** feulement excepted et il promet cent ** piaftres de rccompenfe a ceux qui rcprc- ** ienteront cc traitre ici. «( ■■< ! i ir i<| , if you noment, it. But you that we did we are ley then ty, who and for hey all, /hewed ^nd fa- :ome to lad been Dp Saiiit r above- ichman, lerchant prifoner Englilh ich pri- feizing Gafpey, imongft en with Mr.Du ^ery ac- ttempt, it had as they knew * [ 23 1 knew themfelves to be obnoxious to the Englifli government, it is natural to fuppofe that they rather feared than wifhcd to fee the Acadians fubmit to it, as they might apprehend, that in confequence of fuch a fubmilTion, they themfelves might be pur- fued and taken, and delivered up to the Eng- lifh government to be punilhed. And it is therefore not at all furprizing, that they did not come to wait upon and welcome Mr. Du Calvet upon his arrival at Bonaventure, where they might reafonably apprehend tliat the Acadians themfelves (who, they knew, would be delighted in confequence of which it became neceifary for hhn and his council to crcdt courts of juliicc in the province, with proper powers a.nd authority to determine all matters that iliould /h( or wai of nan cod all r, and rd- month of ued in the th of Au- third time ;able buii- 'ovince of 766, Ge- the pro- )eace in it : for him ne, 1766; )u Calvet 5 General n accord, think it his good loyment : difcharg- 3f feveral :ified and ment. lis com- ovince of 1764;. neceflary :ourts of r powers ters that lliould 'ii t 33 ] /hould come before them, whether of a civi! or criminal nature, according to law. This was accordingly done in the following month of September, 1764, by an important ordi- nance pafTed by Governour Murray and his council for this purpofe. By this ordinjince one great court of juftice was eftabliflied with general jurifdidion to determine all matters^ both criminal and civil, according W the laws of England, agreeably to the promifes of the royal proclamation of Ocloberj 1763^ and to the diredions of the Governour's com- miflion. This court -y^s called the Supreme Court, or the Court r Kings Bench , and was held be^^re tho Ci.icf Juilice of the pro- vince : and in it the proceedings were to be all in the Englifh language, and according to the forms of the Engliih law^ and the trials confequently to be always by a Jury. Befides this court the Governour and Coun- cil, out of tendernefs to the Canadians, or French inhabitants of the province, eftablifh- ed two courts of civil jurifdidlion j one for the diftrid of Quebeck, and the other for the diftrid of Montreal ; the whole province being now divided into only two diftrids io named, though in the time of the PVench government and during the miUtary govern- ment of the province that had taken plac« fince the conquefl: of it, that is, from Sep- tember, 1760, to September, 1764, it had been divided into three diilrids, or jurifdic- tions, r 34 ] tlons, called fron the three towns of Que-* beck, Trois rivieres, or '' 'irec rivers, and Montreal. Thefe courts were called the Cour:s of Conwvm Pleas for the two diflrida of (Jnebcck and Montreal. In thefe courts the proceedings might be either in the Englidi or the French language, as the parties thought fit ; and French advo- cates were permitted to fpeak in fupport of their clients caufes in the French language, as well as French attornies to manage them, and draw up the pleadings, in them in the fame language: and the fads contefled be- tween the parties might be tried either by a Jury or by the Judges without a Jury, as the parties chofe ; either of the parties ha- ving a right, if he delired it, to have a Jury fummoned to decide them. And be- lides thefe courts of the King's Bench and Common Pleas, there were courts of Civil Jurifdi'ftion with various degrees of authority, compofed of Juftices of the peace. For thefe JulHces, or any three of them, were autho- rized by the faid ordinance of the Governour and Council of the 17th of Sept. 1764, (over and above the authority belonging to Juftices of the peace in England, which relates chiefly to criminal matters;) to determine, at their quarterly feflions, any difputes concerning property to the amount of thirty pounds of the current money of the province, or 22I. los. AcrJingi but with an appeal to the Su- preme ns of Que-* rivers, and called the :wo diflrida might be :h hnguagei rench advo- 1 fupport of h language, anage them, hem in the Dntefted be- , either by a a Jury, as ^ parties ha- to have a . And be- Bench and ts of Civil Df authority, . For thele vere autho- 2 Governour 1764, (over ^ to Juflices jlates chiefly ne, at their concerning rty pounds ince, or 22I. 1 to the Su- preme [ 3S ] prcmc Court, or Court of King's Uench : and any two juftices were authorized at any other time to determine difputcs concerning mat- ters of property to the amount of ten pounds of current money of the province, or 7I. los. fierling ; and this v/ithoiit appeal: and any one juftice cf the peace was authorized at any time to dcicrmine the like difputcs to the amount of live pounds of current money of the province, or 3I. 15 s- fterling. This laft jurifdidion, which was given to fingle jullices of the peace, was intended by General Murray and his Council to prevent the Canadians from being opprefl'ed by the fees and expences that would neccllary at- tend their litigations in the greater courts eftablifhed at Qucbeck and Montreal : and it was found to be exceedingly ukful to the people, when it happened to be veiled in luch perfons as Mr. Du Calvet, of whom there were perhaps half a dozen in th-e pro- vince ; but in the hands of perfons of a dif- ferent charader it became a great inilrumcnt of extortion. Almoil every JuiUce of peace in the province ufed to take certain moderate fees for the warrants and orucrs they ifibed in the execution of their ofhce, which were confidered as due to them upon the fune grounds as the fees paid to the clerks of Juftices of the peace in England ; the Juitices of peace in the province of Qucbeck for the E 2 moll i (■; I:! [ 36 ] rnofl: part doing the duty of ihe clerks thcm- felves, or, if tney kept any clerks, allowing them only a part of the fees received on this account. Nor was this condud: thought unreafonable ; as the pecuniary circumftances of mod of the Juftices were fuch as made the receipt of the(e fees an objecfl of impor- tance to them. They were therefore only blamed, when, for the fake of multiplying thefe fees, they encouraged litigations among thepoorCanadians, and ufed their authority to render them more expenfive than they needed to have been. Thus, for example, it would fometimes happen that, when a fad was fuf- ficiently proved before a Juftice of the peace by one or two witnelTes, he would afk whe- ther nobody elfe could bear teftimony to it -, upon which a number of the by-ftanders who were prefent at the tranfacStion, and had likewife attended the hearing of the matter before the Juftice, would immediately cry out, ^' yes, I faw it," " and I faw it," and the Juftice would thereupon order them all to be fworn to give their evidence, taking a fhilling for the adminiftration of every oath. By thefe apd the like contrivances the ex- pences of thefe fummary litigations before ibme of the Juftices of the peace, were ren- dered extremely burthenfome to the Cana- dians, and became the fubjedt of great com- plaints. And at laft thefe complaints grew io numerpus that Governour Carleton and his his in thi m at :lerks thcm- :s, allowing received on udt thought rcumftances :h as made : of impor- irefore only multiplying :ions among authority to they needed le, it would adt was fuf- )f the peace Id afk whe- lony to it ; by-ftanders )n, and had the matter diately cry ^^w it," and cr them aU taking a every oath. es the exr ons before were ren- the Cana- great com- aints grew rleton and his t 37 1 his Council thought fit to pafs an ordinance in the month of March, 1770, to deprive the Juftices of the peace of all their civil ju- rifdiition. But Mr. Du Calvet, while this civil jurifdidllon continued, was remarkable for exercifmg it with the utmoft purity and difmtereftednefs : for he was fo far from u(ing the contrivances above alluded to, to in- creafe the number of his {^^^, that he never would take any fees at all for any thing done in the execution of his office, but was often at a confiderable expence out of his own pocket to aflift the parties who came before him in making up their differences, befides the conftant expence of employing a cler'c to aflift him, whom he would not permit to take any fees. And, as he was alfo extreme- ly affiduous in difcharging the duties of this office, and always ready to attend to the matters brought before him, and determined them with great juftice and impartiality, he made himfelf extremely ufcful to his nume- rous poor neighbours in the diftrid of Mont- real. In the fpace of only three months, from September to December, 1769, he heard and determined no lefs than three thoufand feven hundred of thcfe little caufes. After the ordinance of March, 1770, which deprived the Juftices of the peace of their civil jurifdidion, Mr. Du Calvet con- tinued to exercife the other, or ordinary, powers .|i; t 38 ] powers of a Juflicc of the peace till the ifl of Mny, 1775, when, in confequcncc of the unfortunate a ] He there called to Mr. Du Calvet, nnd do fi- red him to ftep down from the gallery; for that he wanted to fpeak to him. Mr. Du Calvet accordingly came down from the gal- lery, and went up to him to hear what he want- ed to tell him. But, juH: as Mr. Du Calvet came within his reach, he fuddenly feized him by the collar with his left hand with great violence, and hrandiflied in his right hand a little cane of about the length of three feet with a leaden ball in the top, or handle of it, but which, as he held the cane, was at the further end of it. With this cane he endea- voured to give Mr. Du Calvet a blow on the head, fo that the leaden ball iLould have ilruck him there, if the blow had taken place ; at the fame time accompanying his allault with thefe infolent expreflions. ** I forbore the other day to chaltife you as you deferved with my horfewhip, becaufe I was afraid of the inconveniences I might have fuffercd fromit byyour fuing me for it in a Court of Law. But now 1 am refolved to do it, whatever may be the confequences." But Mr. Du Calvet warded ofF the blow with his left hand, and laid hold of the cane, and wrenched it out of Mr. Frafer's hand. Upon which Mr. Frafer ftruck him a violent blow with his fift on the left fide of his head a little below the temple, which almoiUlunnc^d him, G 2 aiKl (( (C if if it *i f L H P l!i [ J2 J and gave him likcwife a fecond blow on the fight fide of the head. Mr. Du CMvet, however, though a man of much lefs ft .)gth and ftature than Mr. Fra- fer, (the latter being five feet, eleven inches, or fix feet, Englifti meafure, high, and Mr. Du Calvet only about five feet, five inches,) made what refiftance he could, and laid hold on Mr. Frafer's hair, and kept his hold of it till in ftruggling they both fell upon the ground, where Mr. Du Calvet had fo far the advantage in the fcuffle that Mr. Frafer cried out for afilftance in thefe French words, ** Au •* fccours ; Au jecoiirs ; on me tue, on me tue^ Upon which Captain Maxwell, and Mr. Ro- bertfon, then a half-pay Lieutenant, and a Juftice of Peace at Montreal, (but who has ^nce been made Captain of the Grenadiers in the 84th regiment, or Royal Emigrants,) came up and parted them, and conducted Mr. Fra- fer home. This fcuffle happened in the prefence of a great number of people, it being at the very time of a Roman^Catholick procelfion that was making in the fame ftreet, and very near both Mr. Frafer's and Mr. Du Calvet's houfes, (which vv^ere on different fides of the fame ilreet, and nearly over againft each other,) to confecrate the firft ftone of the new church ^bove-mefitioned of Noti'e Dame de bon Secours, which I dIow on the igh a man of m Mr. Fra- :ven inches, :h, and Mr. ive inches,) id laid hold is hold of it I upon the d fo far the Frafer cried ords, " y^u on me tu'e," nd Mr. Ro- lant, and a It who has rcnadiers in v?«/j,) came Jd Mr. Fra- refence of a at the very celTion that i very near et's houfes, f the fame ich other,) ew church bon Secoursy which I [ 53 J which was jufl going, or beginning, ^o b« built there. Amongft other perfons prefcnt at it were Colonel Prevofl, who was at that time Com- manding Officer at Montreal, (and who has fince been better known by the title of Gene- ral Prevofl:, and who commanded the King's troops in Georgia in the late unhappy Ameri- can war,) and Mr. Bruyerc, who is at this day Govcrnour of Prince Edward, his Majefty's fourth bon. It has been mentioned above, that in an ac- tion brought by Mr. Du Calvet againil Mr, Mofes Hazen in the year 1770, in the Court of Common PJeas at Montreal, where Mr, Frafer was one of the Judges, Mr. Du Calvet bad conceived himfelf to have been injured by Mr. Frafer in his charader of a Judge, and had made complaints of Mr. Frafer's condu(fl on the occafion to Mr. Hey, the Chief Juf- tice of the province, from whom he thought he could obtain redrefs of the injury by way of appeal from the Court of Common Pleas to the Supreme Court, or Court of King's Bench, of which Mr. Hey was the only Judge. Mr. Hey was of opinion that Mr. Du Calvet had had great injuftice done him by the proceed- ing in the Court of Common Pleas, but yet that it was not a matter which could be brought by appeal into his Court. It had been a pre- ference i. V ■ i< r 54 J fcrencc given to the execution of n Judgment agninfl: Mr. Hazen that was pollcriour to the Judgment which Mr. DuCalvct liadohtained flgainit him; hy means of which prelerenco theciTc<^ls of Mr. Hazen were apphed to the payment of that other debt, and the debt to Mr. J^u Calvet remained wholly unpaid, and remains fo at this day. The complaint, which Mr. Du Calvet had jnadc to Mr. Hey concerning this proceeding of Mr. Frafer had been communicated to Mr. Frafer, and probably much offended him. For Mr. Du Calvet was informed by the late wor- thy Mr. Martehl (who n3ed for many years with great honour and reputation as a Juilice of the Peace, in the province of Quebeck, firll, for the dirtri<5t of Quebeck, and after- wards for that of Montreal,) that, after this judgment in the Common Pleas, but before the above recited quarrels between Mr. Fra- fer and Mr. Du Calvet on the 21ft and 29th days of June, 177 1, Mr. Frafer, being at dinner at Colonel Chriftie's table, had faid thefe words, ** 0/2e 'Jujiice of Peace ^ Mr, f^f^aU '* ker of Mo72trealy has had his ears cut off': an^ " other, (alludmg to Mr, Du Calvet,) will have ^' his tongue cut out," Thefe words were fpoken at table in the prefence of Mr. Martehl, a perfon of un- doubted veracity, who was one of the com- pany [ r. 1 '1 pany at dinner: And he inimciiiately after- wards gave notice of them to Mr. Du Ca\^ vet, not with a view to irritate him again (I Mr. Frafer, but to put him upon his guard ggaiiill the bad defigns his enemies feemcd to entertain againft him, and to warn him to be cautious not to give them any handle againil him, or to do any thing that might further provoke them. Mr. Du Calvct accordingly took no notice of them to Mr. Frafer, but conducted him- iclf with as much caution and prudence as jiof]:ble, in order to avoid any offence to any body. But, as we have icQii above, the rc- fentment agamft him was already too flrongly rooted in Mr. Frafer's breaft, to fublide with- gut fome publick mark of it; and It accord- ingly broke out fome time aficr in the quarrels of the 2 irt and 29th of June, 1771, of whicli an account has been given in the foregoiufj pages. Thefe unhappy difputcs with Mr. Frafer were attended with a feries of further bad confequences to Mr. Du Calvet. From that time forwards Mr. Du Calvet never could fuccecd in any of tke fuits he inditutcd in the Court of Common Pleas at Montreal be- fore Mr. Frafer ; of which, as he was then engaged in trade, there were a cOnliJerabls number: But his claims were always judged to ii i m \l t 56 J to be Infufficlent. And in a variety df otliei* inflances befides thefe difappointments in Mn Frafer's Court of Common Pleas, Mr. Dii Calvet experienced the inconvenience of hav- ing Mr. Frafer for his enemy. Mr. Frafer's friends became his enemies as well as Mr. Frafer himfelf. Mr. Mabane, another Scotch gentleman, who lived at Quebeek, where he was Surgeon of the Garrifon and one of the Judges of the Court of Common Pleas for that diftrid, and who was a great friend of Mr. Frafer, gave foon after a proof of aver- lion to Mr. Du Calvet, which much furprized him, as Mr. Mabane had till then been al- ways very civil to him. Mr. Du Calvet had occaiion to go from Montreal, where he relided, to Quebeek upon fome bulinefs a few days aftet Mr. Frafer's violent affault upon him on the 29th of June, 1771. He there paid a vifit to Mr. Claud Panet, the Lawyer of Quebeek, and while he was wifh him, Mr. Mabane happened to come in. i Ir. Du Calvet went up to him in a friendly manner, as ufual, to pay him the common compliments; but Mr. Mabtne drew back from him with an air of furpriz'* and diflike, and without fpeaking a word ; and foon ^fter took his leave of Mr. Panet^ after a very fliort converfation with him. Thif jf other 1 in Mr. Ar, Dm of hav- Frafer's as Mr. Scotch here he of the leas for lend of if aver- rprized •een al- from k upon rafer's f June, Claud while :ned to him in im the lab'c.ne rpriz'* word ; Panet^ 1. '^ Thij t 57 1 This change in Mr. Mabane's behaviout' furprized Mr. Du Cnlvct exccedinp;ly, and appeared to him pcrfcvflly unaccountable, as thcv had always before that time been upon "ood terms with each other. But Mr. Paner, obferving his furprize, foon removed it, by telling him that the coldnels and diftance of Mr. Mabane's behaviour to Inm was owing to his friendfliip for Mr. Frafcr. After flay- ing a few days at Qnebeck, Mr. Du Calvet returned home to Montreal. In the courfe of the Autumn of the fame year, 1771, another alTault, of a more dange- rous nature than the former, was made upon Mr. Du Calvet by fome of his enemies ; but he never could difcover with certainty, by whom. As he was fitting at table in his iioufe at Montreal with fome company that Uipped witli him on the 30th of Odober, at about 8 o'clock in the evening, a great llonej was thrown at the glafs-door of the hall where he and his coinpany were fitting, whic h broke with great violence through one of tliQ panes of the door and fell near the table. Mr. Du Calvet immediately rofe from tab-Q and ran to the hall -door to fee what Vv-as the matter: and,jufl as he had got to the door and was opening it, a pidol, or other lire-arm, loaded with a ball, w is fired at him, and the ball palled clofe to his body and ib.ick in the wall on the fide of the hall-door, llo went our, notwithlianding, to try to find out JI v/ho h { S8 J v/ho had made this wicked attempt upon his life : but, as it was a very dark night, withagood deal of fnow, or fleet, falling at that very time, he could only fee, by the light of the flafh of the lire-arm, that a man was making off from the houfe with precipitation, but could not didinguifli who it was. He neverthelefs could not help fufpeding that it was fome one of Mr. Frafer's fervants, not only be- caufe Mr. Frafer had himfelf made that vio- lent aflault upon him which has been already mentioned, on the 29th of the preceeding month of June, 1771, but becaufe he had furprized two of Mr. Frafer's fervants on the gallery before his houfe on the 31(1 of the preceeding mouth of July, 1771, at half an hour after nine o'clock at night, who had, upon his coming out fuddenly from the houfe and feeing them, run haftily away with marks of confufion, as perfons who were employed upon a bulinefs thty wifhed to conceal, and he had likewife feen the fame fervants many gther evenings after the faid 31(1 of July^ about the fame hour of the night, walking or loitering near his houfe in a very fufpici- gus manner. Mr. Du Calvet, however, refolved to ufe every means in his power to difcover who. was the author of this infamous attempt to murder him, and he therefore drew up an advertifcment to. be publilhcd in the Quebeck Gazette^ [ 59 ] Gazette, with an offer of a reward of locl. of current money of the province, or 75I. flerhng, to any perfon who (hoiild difcover the perfon who had been guilty of it, to be paid as foon as fuch perfon Ihould be convicted. This advertifement was as follows. AvertiJJement de Pierre Du Calvety Ecuyer^ Juge a Paix, Hier au foir'y 30 06iobre, 1771, entre les Jcpt heureSy vingt minutes, et fept hctires et demiy le Sieur Du Cahct, etant a fouper dam la falle de fa maifon^ Von jetta une grofje pier re avec grande violence a tracers les vitres de la forte de V entree de fa maifon ; laquelle a fra» cajj'e iin peu un barreatit a cnjp iin vitrc, ct a arrache deux petit s clcus^ ct a emporte et fait un iron d un volet de ioile, Sur cela le Sieur Du Calvet, neveUy for tit fur la galerie tout de fuite^ et r autre Pierre Du Cahet fort it avec fon cpce : et des auffiiot I'on tira un coup de pijfclet oil din autre arme d feu^ au Sieur Pierre Du Calvet, oncle. Le coup fut tir^ de la riie un peu jur le long de la galerie oil itoit le fifdit Simr Du Cal-> vet. % Le Sieur Pierre Du Calvet offre de rccom^ penfe a celui ou d ceux qui lui donneront une preuve reelle du J ait, une fumme de deux mi lies H 2 JchcHus, / 31 [: 6o ] fcheJins, argent *coiirnnt dc la province^ payable Jcs aujjuoi la coiroi^ion donn^e. Lc fufdlt Pierre Du Calvet fait chfcrver qiiil na point cu ni difpiite ni aitcime manvaife p>arolc anjcc qui que ce foif, depuis le jour de la Saint 'Jean et dc la Saint Pierre, que Pen vint raj/aj/iner Jur Ja galcrie^ et que du depuis il a trowue les domejliques de yean Frafer fur fa ga- lerie et a roder aux cninrons de fa inaijon. Fait f Montreal Je 3 1 *'"'' Qclohre, 1 77 r . Sig?i^y Pierre Du Calvet, This advertlfement Mr. Du Calvet fent up to Quebeck inclofed in a letter addrefled to the late Mr. Kneller and Mr. Williams, two lawyers of eminence at Quebeck; and he in- clofed both the advertifement itfelf and the letter to Mr. Kneller and Mr. Williams in another letter addrefled to HedtorTheophilus Cramahe, Efq; the Lieutenant-Governour of the province, who at that time governed the province inftead of General Carleton, the Go- vernour, who was then in England. This communication of the advertifement to the Lieutenant-Governour was at that time a neceffary ftep to it's being publifhed in the Quebeck Gazette ; as nothing was then per- initted to be printed in that paper without the [ 6, ] tlie Lieiltenant-Govcrnour's confent ; and there was then no other news-pnper publiflied in the province. But Mr. Cramabe would not permit this advertiiement to be publi(hed, chiefly (as he alledged in his anfwer to Mr. Du Calvet's letter,) becaufe of the lafl: para- graph of it, which throws out a fufplcion that Mr. Frafer had been privy to that vile at- tempt. This paragraph, however, Mr. Cra- jnahe might have erafed from the advertife-r liient, as Mr. Du Calvet had fubmitted the whole to his rcvifal and corrcdion. And he furely ought to have permitted the publica-r tion of it, fo coiie(fted, as it was. the moil likely means of difcovering and bringing to punifhment the authors of that infamous at- teiTJpt, the impunity of which was a difgracs to the v^overnment of the province, of which he w^as at the head. But, as the Lieutcnant- GoveHiOur would not allow the advertiiement to be publidied in the news-paper, no difco- very was made either then, or at any time fince, of the pcrfons who were concerned in that attempt, and the ends of juflice have been eluded. i' It has been fcen above that Mr. Mabane, the Judge of the Common Pleas at Quebeck, took part fo ftrongly with Mr. Frafer of Mon- treal in his quarrel with Mr. Du Calvet, that, when Mr. Du Calvet met him at Mr. Claud Fanet's the J-.awyer at Quebeck, a few days lifter -Ji [ 62 ] after Mr. Frafer's aflauU upon him, he would not condefcend to fpcak to him, though till that time he had always behaved to him in a civil and friendly manner. This diflike of Air. Mabane continued ever after, and fhevved itfelf in a variety of inftances to Mr. Du Cal- vet's prejudice. Nor can Mr. Du Calvet en^ tertain a doubt but that his late caufelefs and cruel imprifonment by General Haldimand for more than two years and feven months, has been ovt'ing, in a great meafure, to Mr. Mabane's advice and fuggeftions to that Ge- neral, over whom he is known to have ac-^ quired a great afcendant. But an inftance of this diflike that is more capable of proof, occurred in the year 17745 which it will here be proper to flate. It was as follows. It is cuflomary in the town of Montreal, when the fnow (which lies a foot deep in the ftreets during the winter,) begins to mek in the fpring, to cut little trenches, or chan- nels, in it, to diredt the courfe of the melted fnow, fo that it (hall not run into, and fpoil, the cellars and lower parts of the houfes. Such a little trench Mr. Du Calvet had made in the ftreet of Montreal near the bottom c^f the lleps of the gallery before his houfe in the month of March, 1774. It was but three feet long, and therefore did not much encroach on the paflage-way of the flreet, which in that part of it was 48 feet broad : it's t 63 ] jl's breadth was about nine inches, and it's depth about fix inches. Mr. Mabane was at this time at Montreal together with Mr. Dunn, to hold a feflion of Oyer and Terminer there, in lieu of Mr* Hey, theChief Juftice of the province i thatgen- tleman being then in England with a leave of abfence from the province, and his office of Chief Juftice being executed by three commif- lioners appointed for that purpofe, of whom Mr. Mn bane and Mr. Dunn were two. Mr. Mabane lodgedduringthefcfTionatalarge houfeinMon- treal, which is generally called the houfe of the India Company, becaufe it had, in the time of the French Government, belonged to the French Eaft India Company, but at that time was the property of a Mr. William Grant, of Quebeck. Here Captain Gordon of the 26th regiment had fpent the evening with Mr. Mabane, and in his return very late at night to his owa lodging in a cariole, or Hedge, happened to run againil tliis trench cut by Mr. Du Calvet and Vv'as overturned : an accident which often happens, and may be produced by very fmall pbftacles or inequalities in the ground, but wliich is feldom attended with bad conle-f* quenccs. The I I * I II :f: r 64 ] The next morning Captain Gordon was again at jVlr. Malxine's, and related to him the overturn he had met with the foregoing night near Mr. Dii Cal vet's houfe, adding that thofe trenches \ii the Ihow (of which there were then many in the ftrect, and very hirgc ones,) were very inconvenient in the niglil- time, when one could not lee them. Mr. Mabane (the reprefcntative of the Chief Juf- tice,) upon this told the Captain, *' he would * advife him to employ the foldiers under " his command to fill the trench up." The Ca(*r nn afk.ed him, ** Whether he could do ** it iafely according to Law?' And the great Magiflrate anfwered, " That moll: certainly ** he could." Upon this encouragement Cap- tain Gordon fent a ferjeant and a party of foldiers to fill up the trench j which they immediately filled up, and more than filled up, heaping the fnow there to a greater height than in the adjoining part of the llreet, io as to make a bank of fnow near Mr. Du Calvet's houfe. The confequence was, that Mr. Du Calvet's cellars were very foon filled with water. A little after this proceeding, as Captain Gor- don happened to be palling by Mr. Du Cal- vet's houfe, Mr. DuCalvetfpoketohim, and de- li red him juft to look into his cellars and fee what a deal of damage he and his ibldiers had done to him «( 4< 4< « i 65 ] him by filling up the little trench by which the water had ufed to run off. The Captain an- fvvered with haughtinefs, ** That he was per- fectly indifferent about that matter, and that, if Mr. Du Calvet Ihould open the trench again, he would fend all his foldiers to fill it up again." Mr. Du Calvet upon this went repeatedly to Colonel Templar's lodging, who was at that time the Command- ing Officer at Montreal, in order to complain to him of the injury that Captain Gordon had done him. But the Colonel always ordered his fervants to tell Mr. Du Calvet that he was not at home; fo that Mr. Du Calvet c al^ never get an opportunity of fpeaking to him. This reduced Mr. Du Calvet to the necelfity of wri- ting a letter on the fubjedt to Colo;^el Johns, who was at that time the Comm'^nding Officer in the province, General Carleton being then in England. Colonel Johns did not negiedt his complaint, but wrote to Colonel Temp- lar about it. But in the interval between Mr, Du Calvet's writing his letter to Colonel Johns, and Colonel Templar's receiving the letter writ- ten to him by Colonel Johns upon the fubjei^tj, Mr, Du Calvet received a new infult from the troops at Montreal that were under the com- mand pf Captain Gordon and Colonel Temp- lar. '■ I About forty foldierS, with an officer at theii* head, with their drums and lifes, as they we: c I goin^ [ 66 ] going to mount guard about eleven o'clock in the morning, inflend of walking, as ufual, in the (Ireet before Mr. Du Calvet's houfe, walked over the gallery that was before it in an info* Jcnt and alarming manner, ftamping hard upon it v/ith their feet to llrike a terror, and breaking feveral of his windows. Mr. Du Calvet's wife, who was then with child, wa^ fo much frightened at this threatening beha- viour, that Ihc was immediately taken ill and fpit blood, and never recovered her health af- terwards, but died in the following month of December, 1774, and, as it was generally thought, of the confequences of this alarm. Captain Gordon has often declared flncc this affair, that he never (hould have thought of filling up the trench which Mr. Du Calvet had made to turn off the water from his houie, if Mr. Mabane had not encouraged him to it, and told him he might lawfully do it. This declaration of Captain Gordon was made freely and openly at the table of Mr. DeLifle, the Proteftant clergyman at Montreal, who is chaplain of the garrifon of that town, and in the prefence of the late Mr. Martehl, the. Juftlce of Peace: and both Mr. Martehl and Mr. Dc Lille mentioned it to Mr. Du Calvet immediately after it had been made. There is at Montreal a French, or Cana-t dian, Gentleman, named Monjteur dc Rouroilk^ who [ 67 ] fvTio was employed in a Judicial oflicc i\tTro:s rivieres, or Tbree rivers, in tlic time of tho French government. Tiii'^ orticc had been fupprcflcd of courfe at the conquefk of tho province by General Amhcrfl-, in September, 1760, together with all other employmcrits under the French King's authority. And, as Mi\ de Rouviljc was a Roman-Catholick, he was confidered as unqualified to hold any ju- dicial employment in the province till tlie late ad of parliament in the year 1774, for regu- lating the government of tb.at province; by which the diftindlion between Proteflants and Roman-Cathoh'cks, with refpecft to their ca- pacity of holding employments, is taken av/ay, provided they take a certain new oath pre- fcribed by that a6t in lieu of the oath of fupre- macy. But as foon as that nd took place in the province, that k, in the month of iMay in the year 1775, Mr. de Rouville was advan- ced to be one of the Cofifervators of- the Peacf for the diilrid of Montreal, in conjunction with Mr. John Frafer and Mr. Martchl, whohad been the Judges of the Court of Com- mon Pleas for that diltrid before the abolition of thar and all other Courts of Juftice in the province by the faid ad of parliament. And, lince that time, upon the re-e(labli(hment of the two Courts of Common Pleas at Quebeck and Montreal,with three Judges, in (lead of two, in each Court, Mr. de Bmiville has been appointed one of the Judges of that court at Montreal, in conjundiun with Mr. Frafer ani Mr. Mar- I 2 tehl, I !i f 1.! M [ 68 ] tehl, and, fmcc the death of Mr. Martchl, ia conjundtion with Mr, Fralcr and Mr. Livius, Mr. Fraler and Mr. Owen, and Mr. Frafer and Mr. Southoufc, who arc itill the Judges there. This appointment of MonficurdeRouville to fo great a judicial office was by no means, agree? blc to the French, or Canadian, inhabi- tants of Montreal and it's neighbourhood, as. the violence and haughtincfs of his temper were well known to them, and fome of them ren^embered how ill the people of ^Troii rrjjers had been fatisfied with his condu(fl as a Judge vihen he aded in that capacity in the time of the French government. Nor did he feem to be difpofed to a£t with more mildnefs and mo- deration upon his new advancement to power in the year 1775^ For one of the firft things he did in his office of Confervator of the Pence \\\ M.iy, 1 775, was, in conjundtion with the other two confervators, Mr. John Frafer above- mentioned and Mr. Martehl, (of whom the laft gentleman, though perfectly well difpofed to dojufticehimfelf, fometlmes let himfelf be over ruled, or over-borne, by the violence of Mr. Frafer's rcfolutions ;) to fend a young merchant of Montreal, whofe name was Da- *vid Salijltwy FraukSy to prifon for faying, " that ** the offence that had been committed in the morning of the 1 ft of May by fome perfons, whoareftill unknown, (though it was, in his opinion, a very great offence, and one that u tt U «< H irtehl. In '. Liviiis, rafer and ;cs there. Rouville lo meana inhabit flood, as. temper of them is rivicrs a Judge time of feem to and mo- power in lings he Pence m be other above- lom the iifpofed ifelf be ence of young as Da- , "that in the erfons, vas, in id one ** that «t << << €t it i «9 ] ** that he wifhed to fee difcovered and j)U?)illi- ed, and for the difcovcring of which he was wilhng to contribute his fliarc of the reward oli'ered by the Engh^i Merchants of ** Montreal, which was no lefs than a hun- dred pounds,) could not by the laws of England, as he believed, be punirtied with ** death." For giving this opinion in the courfe of a converfation with fonie other Englilh Merchants on the morning of the 2d. of May, I Jjs^9 in oppofitlon to the opinion of a French or Canadian gentleman, whofe name was Francois Marie Picote dc Bellcjlre, and who faid ** the offender ought to be hanged for ** this oifence," Monfieur de Rouviile, with his brother confervators of the peace, commit-, ted the young man to prifon, and refuled to take I o, oooX,' bail, which was olfered by his friends for his appearance to anfwer any charge that might be brought again ft him for it. The words of the warrant, or order of com- mitment, are remarkable ; ** Nous^ conjiderant ** combien tout bon cUcyen doit envi/ager avec hcrretir un a£le auffi atroce^ et que par CQuJe" * que?ity touts les propos qui tendcnt a dire que ' cejl pcu de chofes, doivent etre reputes crimirieis^ ** vous ordonmns de conduire le dit Salilbury *' Franks dans la prifon de cette vii/e, Cs^c." This was the firll fpecimen which Monfieur de Kouvillc gave of the manner in which he was likely to exercife the authority with which he had 1 1.' 1 it ft V' V'i I 70 J had newly been invefled by the Governour of ihe province. A particular account of the whole tranfac- don may be feen in the book in titled, y^cIJi- iiojial papers concerning the province of l^ebeck^ publiflied in the year 1776, and fold by B, White, bookfeilcrin Fleet Street, pages 152, J 53, 169, And other particulars con- cerning the chara<5ter and condiitl of this Mon- ficurde Rouville may be feen in the fame book, pages 83, 84, and 85. This Monfieur de Rouville had been a good dea! connected with Mr. Fraier before the year 1775, when he was joined with him in the commiiTion of Confervators of the peace for the diJiriSl of MontreaL And it may be re- jnembered that in the account given above of the very deliberar.e and premeditated alfault ;made by Mr. Frafer upon Mr. Du Calvet ox\ the 29th of June, 1771, it appeared that Mr. Frafer had been walking and converfing with Monlieur de Rouville immediately before, and went from Monfieur de Rouville to Mr. Du Calvet and made the aflault upon him in Mon- fieur de Rouville's prefence : fo that it feems highly probable that the defign of affaulting and chafliftng (as Mr. Frafer called it) Mr. Du t^alv^t oa that occafion had been mentioned to, to, villej Bl that,! (totl bitat ofC1 and moni mity vet c cnm villc whic I rnouf of tranfac- , Addi^ ^ebeck^ dby B. ^es 152, s con- s Mon- e book. a good 3re the him in '^ace for be re- )ove of all auk Ivet on uit Mr. g with re, and Ir, Du Mon- feems lulting Ir.Du tioned to, [ 7' } to, and concerted with, Monfieur de Rou* ville. But, however this might be, it is certain that, when Monfieur de Rouville was exalted (to the furprizeand morrilication of the inha- bitants of xMontreal,) to the highotficcs, firft, of Confervator of the Peace for that diftri^>^ and afterwards of Judge of the Court of Com- mon Pleas in it, he gave many proofs of en- mity to Mr. Du Calvet. And Mr. Du Cal- vet conceives that it was owing to the knowi> enmity of Mr, Frafer and Moniieur de Rou-^ ville towards him, and the impunity v/ith which it was :>om thence fuppofed that any injuries might be committed againft him, that fo many people ventured to infult and in- jure him in various ways, which it will be proper jufl to mention, but without enlarging on all the circumftances of them, leil this nar- rative lliould run to too great a length. But, firll, it may not he amifs to infert a part of a letter from Mr. Jenkins Williams, (a Lawyer of ability and eminence in the pro- vi.icc, and whom 5vlr. Du Calvet had ufually employed in his law-bufinefs,) dated at Que- beck on the 3d,ofOdober, 1776, by which it will appear that Mr. FraHir and Monfieur de Rouville were fo well known to be Mr. Du Calvet's enemies^ thatno^JuiUce could be expelled I 4y t 72 } cxpe(flcd for lilm in any fuits he fliould bring in the Court of which they were Judges. Me void toujour s a vSfre fervice, Les papieri que y'ai en main font toujours prits j et J'ofe ef- perer que vous vicndrcz au point d'obtenir jujlice centre ceux qui vous ont voulu ruiner^ ye vous plains de plus en plus : Car ye voii toujours places Monjieur Frafcr et Monjieur Rou^ villc, (qui font touts deux vos etincmisjpouryuges a Montr hi ye crois fermement que vousfere^i oblige de prendre le parti de vous arranger et de terminer vos affaires de Commerce d Montreal^ ii caufe de Vinimitii de Meffieurs Frafer et de Rcu- ville; that is, inEnghrii; "I amftill, as ever, " at your fervice. The papers in my hands *' are ready to be produced -, and I do venturq •' to hope that you will at lad fucceed in ha- *• ving Juftice done you againll thofe whQ ** have endeavoured to ruin you. <( 4( ft Xf 4( t( ft It <( ** I pity you more and more, the more I confider your fituation. For I fee that Mr. Frafer and Monfieur de Rouville, (who are, both of them, your enemies,) are ftill Judges at Montreal. I verily believe that you will be reduced to the necefhty of making up your differences with your debtors in the beft manner you can, and of cealing to have any further concerns of a commercial nature at Montreal, on account Id bring es. s papier i yofe ef- " JHftice Je vois 'ur Rou-^ uryuges a Gazette publifhcd at Montreal by the title of Gazctti! Littcroirc^ belides the Gaijette publifhcd at Qnebeck, which had fubliikd fubfift Gazeti Goverl year i the I, publill whichl dollars! perfonj gallery A . ? mjerer dcs Cite Malfai ikpropt lieu de nuit du du maU dinaire qui €71 fenetrc contre-' et iri my )u CalvCc his bufi- :t in his run away 3Ut : but 1. of fight, t all over, to bed ife again upon his hatchets, t of cut- gain go- ain with ent into and in he fiime n hade, d in the 1 feeing ter that 3u Cal- r them. icces in sat this ontreal ides the h had jbliikd [ 75 ] fubfifted ever ilnce tlie year 1764. This Gazette of Montreal had been fct ur, with Governour Cmleton's permilfion, aboLl the year 1777. In this Gazette ai Montreal, on the 14th of April, 1779, Mr. Du Calvet publiihed the following advertifement, in which heoffered a reward of ahundred Spaniih dollars to any one who fhould difcover the perfons who had made this attack upon his gallery. ^ L'JMPRIMEUR. ye 'vous ferai oblige^ Monjieur, de vouioir hijerer dam la feuille ce qui Suit, Pierre Du Cahct, y*awis cru jufqii a ce your que ks Maifor.s dcs Citoyem itoient leurs JortcrcJfeSy & quaucun Malfaiteurne pouvoit impiinement violer Us droits depropriete. ye me juistrQmpe,oudu moins ai-jc- lieu de le croire^ d'apres ce qui efi arri've daih Li nuit du 8 du CGurant^ a deux heurcs & un quart du matin. yefus reveille par un bruit qui netolt pas or-- dinaire. ye jortis & vis plujicurs hojumes armes^ qui en apparence ayant rcconnu limpojjihilite de penetrcr dans Vinfirieur de ma maijon^ vii que Ics contre-vcnts C^ port es font defer, p vengeoinit jUr K 2 ics s W I 76 3 ItS haluj}rades dc la galcrie^ hfquellcs, Us cut coupics. iroec baches Gii caffeteirs, aiinombre.de 62, iii out commence par la balujirade qui horde la part ie de ia Mi'-jon lovJc a M, le Colonel Campbell -, Us jii^^'er.t quand jeparus (un inal-lionnete bomme ncjl jamais brave), lis revinrent a la charge hois fen depiiis deux beures ^ un quart jufqua trois hcures ; mats a ia derniere fcis sapercurent que j'etcis au guei, ih fc retircrent, 11 eft hcureux pour ceux qui ont conims une telle 'violence^ que^ vivartdaKs la tranquilliie^ & nayant lieu de me mejier de ferfoiinc^ puijqueje nai eu aucune querclle avec dcs indiviJus d aucune quallte, favois neglige dc tenir vies armes en katy nayant pas me me unfujil ou un pijiokt charge, lis ont meme kve un: trappe de cave^ & lont jctiee dans la rue, lis ont fait un dommage conjider able par diffhentesfraSlions ; mais €671 1 ft pas tantlaconjequence dudommage quellnte- ret public qui me dirige : car qui eft celui qui pent dire i *^je fuis tranquil le chez mot ^^'* Aujji pour parvenirai .nnottreles Malfaiteurs^ & quils Jbient punis dans la rigu^'ur de la Lot fuivant I'exigcancc du cas, fqftre & promets payer apres conviction^ a celui qui dcnoncera un ou plujieurs de ceux qui cut enfraint la paix en detruifant ma prcprieu\ une fomme de cent Piajlres d'Efpagfie, St un ou plujieurs deux etoient decouverts^ il en refulteroit a tcus Ics Citoyem & a cbacun I' advantage de la fecuritL PIERRE DUCJLFE1\ 'hie { 77 ] ThlsadvertifcmentMr. Du Calvct fcnt alf; to Qiicheck, in order to have it puhliihed in the Qucbcck Gazette : but the perfon who was employed by General Haldimand, the Go- ternour of the province, to fuper-intcnd the publication of the Gazette, would not per- mit it to be there publiflicd. So little was the Government at that time inclined to make the neccflary exertions to dlfcover and punifli the perfons guilty of this outrage, Mr. Du Calvet has fince difcovered who the perfons were that committed this fliamcfui a6t of violence i but, as the evident dilinclinatioa of the perfons who governed the province to difcover and puniHi the offenders, difcouraged him from profecuting it in a publick manner, he does not chufe to mention their names, though he is acquainted with them, and even has been informed of their boalling of the facft in company at the houfe of a gentleman at Montreal a few days after they had commit-? ted it. i; ; 'l, The foregoing outrage was committed ori the 8th of April, 1779. In about five weeks after, to wit, on the nth of May, 1779, another attempt of the fame kind, but rather more violent than the former, was made upon the fame houfe, at two o'clock in t^e morning by eight or nine foldiers armed with bayoijcts. They attempted to force open both the door and t 73 ] and the out-fidc (huttcis of the houfe wifli their bayonets : but, as thefe fhutters and the door were all of iron, they found it a difficult bufinefs, and were forced to make a good deal of noife in attempting it. This alarmed the fervants of the houfe, (for Mr. Du Calvet was then in the country at an ellate, or Seigniory, called the Seigniory cf ih: river David y near Sorel, which he had bought fome years be-» fore,) and they immediately got up and run into the upper florics of the houfe and called out at the windows for afliftance : whereupon, the foldiersfindingthemfelves difcovered, went away. Such was the confequence of the im- punity which had attended the former ad of violence. Other ads of the mofl /liocking injufllce were committed about the fimc time, May, 1779, againft Mr. Du Calvet at his country refidence at the Seigniory cf the river David, which would, probably, never have been ven- tured upon if it had not been known that Mr.. Frafer and Monfieur de Rouville, the two Judges of the Common Pleas at Montreal, and Mr. Mabane, the Judge of the Common Pleas St Quebeck, and the great favourite and advi- fer of General Haldimand, the Guvernour of the province, were his enemies, and that jherefore there was little to be apprehended from any profecutions he lliQuld infiitute for the r 79 1 tlie rcdrefs of them in the Courts ofjuftic!:^* Three valuable horfcswereflahbed with knives ill his flablcs at the river David, and leveral of his cows and hogs and other cattle werfe wounded and lamed with the fame inllruments by fome malicious perfonii who are tinknowA to him, and whom, from a defpairof procu* ring Juflice againil them if they had beei\ known and profccutcd, he took no pains to find out. The Court of Common Pleas at Montreal appeared to be fo very partial againil Mr. Da Calvet in every fuit of his that was brought before tiiem, that Mr. Du Calvet could not for bear addrefling them in a letter of complaint publiHied in the Gazette of Montreal of the 26th of May, 1779, in which he mentioned fume of the proceedings of the Judges which he conceived to be moil unjult towards him, ^nd which, in truth, have a very extraordi- nary appearance, and feem ditHcult to be ac«- counted for in any other way. To Aatc the hiilory of thefe proceedings of thcfe Judges cxadrly, and to explain the na- ture of the aC.tions that gave rife to them, would extend this narrative to too great a length. But Mv. Du Calvet is poiTelied of the Gazette of Montreal in which his letter is contained, and is willing to (liew it to any perfjn who h dviirou5 of enquiring further inio •I . t i5° I Into this matter ) and he is likevvifc vviHiiig to explain to fuch pcrfons all the hiftory of thefc mflions in the Court of Common Plc.is, at Montreal, and the proceedings of the Jutlges Ijpon them, being confident that he (hall be able to fatisfy every renfonable and impartial pcrfon, that will take the pains of inquiring into the matter, that his complaint'" of the Judges of Montreal contained in that tc'.tcriu the Gazette are perfectly well grounded. This letter, Iiowevcr, (which, perhaps, it was imprudent, though by no means unjufl or unfair, in him to publifh,) gave his enemies feme advantage over him. It was re- foived that he fhould be profecuted criminally for having publiilied a feditious libel againft his Majefty's Judges of the Court of Common Pleas at Montreal. Accordingly an Information, was brought againll him for this offence in the King's Bench, or Supreme Court of the province, by the Attorney General, which came on to be tried at Montreal before the Commlffioners for executing theoffice of Chief Jurtice in Mr. Livius's abfence, and a Special Jury of the principal Englidi inhabitants of that city. And they acquitted him of the charge without ditiiculty : from which we may conclude that they were clearly of opinion that the complaints of the condud of the: Judges of Montreal which were contained in the fuppofed libel, or letter, publiihed by Mr. ( 8' ) DuCalvct, were not f.\Kc and injurious, but true and notorious. This ncq'.iittal of Mr. Du Calvet gave great nnd general ritisfa^ftlon to tlic inhabitants of jVIonireal, both Englifh and Canadian, who thoujdjt it vcrv h.ird that an honed and inoffcn- five man (liould, firil, liave been treated fo imjuflly as he had been, by the Judges of tiie Court of Common Pleas at Montreal in the feveral fuits he had brought in tlieir Court, and, afterwards, (hould be profecuted crimi- nally for complaining of fuch treatment. But it provoked Monfieur dc Rouville (the Judgo of the Common-Pleas, by whofe advice and inRigation the profecution had been underta- ken,) and Mr. Mabane, (one of the Com- ndnioners of the Supreme Court, before whom the information had been tried,) to a degree, almoft, of madnefs. Monfieur de Rouville declared openly at Montreal, immediately after the trial, ** that they would take another me- " thod of being revenged on Mr. Du Calvet^ " and that he Ihould foon feel the cffevlls of ** their refentmcnt." And Mr. Mabane, two days after the trial, being in company with a Mr. Mac Gill, a refpe>^, V] <^ /} ^l % oV » V 4. m IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1^ IIM I.I I !f I 12.2 2£ 1.8 Photographic Sciences Corporation / o ^^ c*""^^^ < ^^.m %^ z 1.25 1.4 IIIIJ4 -^ 6" — ► O" .A. ^^J^ % V ^ 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 [ 82 ] \vi;]i vehemence and fpitc, ** As foon as I get " bed; to Qiiebeck, 1 fluill take fuch nie- *' thfxls aj- will caufe him to be locked up be- ** t'^'ccn four walls for the remainder of bis •' life.'= Tlicfe thi'eatii of Mr. Mabane were foon after carried into execution in too great a de- gree by riieans of Governour Haldimand's niilit.rry power, in the manner following. On the 21 ft of September, 17B0, Mr. Du Calvet went from Montreal, in Company with Mr. John Thompfonand Mr. Lewis Boullay, botli of Montreal, to attend the Court of ap- peals, or Court of the Governour and Coun- cil at Qucbeck, in order to enter into the bonds required oi him, on account of a Law-Suit that had been brought by Meffieurs Watfon and Raflileigh agalnil him in the Court of Common Pleas at Montreal and which had been removed by appeal before the Governour and Council, and which he propofed to re- move further before tlie King in his Privy Council in England, where alone he could hope to obtain Jullice. For this purpofe he was required by the Governour and Council to come in perfon ta (j^iebeck, inflcad of being permitted to do this bulinefs by a power of Attorney executed at Montreal to. fome perfon refideat at Quebeck to I as T get ich nie- d u]"» be- tv of his ere foon eat a de- dimand's Mr. Du any v/ith Boullay, t of ap- id Coun- ;he bonds ^aw-Sait s Watfon ourt of ich had lovernour fed to re- is Privy Ihe could by the )erron ta [odo this jcuted at Luebeck to [ 83 ] to do it for him ; though that was an Indul- gence which had b^en granted to many other perfons in fimilur circumllanccs. Mr. Dn Calvet reached Quebeck on the 23d of September, ?.nd on the 25th at ten o'clock in the morniiig, he went to the Court of Appeals and entered into the Bonds requi- red of him, and immediately pfLvT wards went to pay his refpeds to General Haldimand, the Governour. He was received by the Govcr- nour with great politenefs, and talked with him of feveral indifferent matters for about a quarter of an hour. He then told him he was going back to Montreal the next day, where he intended to make all the necellary prepara- tions for a voyage to England by th:^ fleet that was to fail on the 25th of the next month of Oclober, 1780; and he alked the Governour, whether his Excellency had any commands for him at Montreal. The Governour faid he had nothing to trouble him with, and they parted with great civility on both lidjs, and without the fmalleft fuipicion in Mr. Du Cal- vet that the Governour could at that very tiiiie have ifTued any order, or confented to tl^e i lin- ing of any order, to his prejudice, which he afterwards found to be the cafe. On the next day, the 26th of September, Mr. Du Calvet fet out on his return to Mont- real in company with the above-mentioned Mr. John Thompfon of Montreal and Mr, L 2 James [ 84 ] James Curchod, a merchant of Quebeck. He went to Trois rivieres or Three rivers, (which is go luik'S from Quebeck and half way to MciTtreai,) witiiout any molellation, or re- niiirknb'.e accident. Baton the 27th of Sep- ten.bcr, at about 4 o'clock in the afternoon, when he tiad gone about four miles and a half beyond Three rivers, he was met by Captain George Laws, of the 84th regiment, ov Royal Emi^ranis^ (which was at that time comman- ded by Brigadier General Mac Leane,) and another ofllcer. to Hal vine dcfc They cnme up to him on the rend wlthplf- tols in their hands, and told him "that he was ^' their prifoner^ that they had order to arreft ** him wherever they found him, and to ** carry him before General Haldimand." Mr. Du Calvet exprefled his furprize at this proceeding, as he was but juft come frona Quebeck, where he had feen General Haldi- mand and been civilly treated by him, and where General Haldimand might have ordered him to be arrefted, if he had had any fuch in- tention. He defired to fee the warrant by which they aded, and to know the caufeof this flrange and unjuft proceeding, for which he was notconfcious of having given the fmallefl occafion. He at the fame time told them he fubmitted to the arreft, and would quietly go tack with them to Quebeck.. where he hoped to << [ 85 ] to have his liberty reflorcd him by General Haldimaiid, when the General lliould be con- vinced that he had not, in thefmallefl degree, dcferved to lofc it. They told him he muH: go hack with them to Three rivers, and that when they were there, they would acquaint him with all they knew aboui the matter. He accordingly went back with them to Three riiers, as did like wife his two companions Mr. Thompfon and Mr, Curchod. When they were at I'hree rhcrs they con-» fefled to him that they had no warrant, or order in writing, to produce in fupport of what they had done, but that they had aded in obedience to the verbal order of Brigadier General Mac Leane, who had alio given them a fealed letter to General Haldimand, in which they feemcd to fuppole General Mac Leane's reai^^'^s for this proceeding vvcre ex-. plaMicd. They added, "that a verbal order ** from General Mac Leane was authoiiry " enough for them to ad upon, and that they ** were officers and had power to enforce obe~ ** dience lO whatever they thought fit to do." And accordingly, to convince Mr. Du Calvet ot their power, they fent immediately for a. Itrong guard of German foldiers from the gar- rifon of the tov/n oi Three Rivers, who imme- diately came with an officer at their head, and filled in ■I'-i. I [ 86 J £]lcd the pofl-houle, at which Mr. Dii Cnlvct and the officers who haj urreilcd him thru were. They there were going to fcarch Mr, Da Calvct's pocket for letters and papers, tel- ling him that fuch were their orders : hut Mr. Uu Calvet prevented this difagreeahlc inlblt by taking out all his papers himfelf and put- ting them into his Ictter-cale, which he tied widi a piece of filk, and fealed in their pre- fcnce, and then delivered to Captain Laws, and tlefircd him to take care of it, atid not to break the fealsof it, or open it, but in his, Mr- Du i. aivet's, prefence^ for that by thi: care both his own Innocence and their Juflice towards him v/ould be beft vindicated. Captain Laws, upon this, promifedhim upon his honour, that the letter-cafe fliould not be opened but in his, Mr. Du Cal vet's, prefence. Mr. Du Calvet was kept at Three Rivers all the night of the 27th of September, with a numerous guard of foldiers in the houfe : and, while he was alleep, he was robbed by fome perfon or other, (he knows not who,) of 25 guineas, which were taken out of his waift-coat pocket. When Mr. Thompfon and Mr. Curchcd faw that, notwithAanding there was no written order for arrefling Mr. Du Calvet, and no crime laid to his charge, or mentioned by Captain Laws, as the caufe of this arreft, they neverthclefs perfifted by mili- tary violence to keep him under arrcli, and W'jrtj [ 8; ] were rcrolvcd to carry him a prlfoncr to Que- beck, they took their leave of him, and pur- fued their journey to Montreal. On the 2?>th of September, Captain LawS fetout with Mr. Du Calvet, as his prifoner, for Quebeck, attended only by one German fol- dier. They lay that night at Des Chambaud, at about 45 miles from Quebeck. Mr. Da Calvet was permitted to lie in a chamber by himfelf. He waked twice in the niMit-time, and one of the times was obliged to go out or the houfc for a few minutes. Here he wa^ met by a Cnnadian pcalant, who offered him an eafy means of efcaping from his guard, if he had been fo incrined. For he had left thenj faft aflccp in the houfe. The peaiant, who knew and refpc\5led Mr. Du Calvet's cha- racter, addrelled him in thefe words ; " It is " really, Sir, a fliocking and a fhameful thing " that a man of your rank and charadler *' fliould be arrelled in this manner without knowing why or wherefore. If you have a mind to make your efcape, you need only go to the next houfe, where you will find a calafli with two good horfes ready to take you up immediately, and carry you where- ever you fliall cliufe, without any body's knowing what is become of you. Your keepers, when they wake, may ukQ what ileps they think proper. We are not afraid of what they can do." of Quehcck, — it is not very eafy todifcover. But "that he KTued many of thefe warrants, whereby many of his Majefly's fub- jeds have been imprifoned for long terms without a trial, in a manner that has very much (hocked and alarmed and difgufted the whole province," is moft certain. He had, however, the difcretion to avoid ifluing thefe warrants without fome authority in writing from the Governour, or fome other perfon, or fome tefllmony in writing concerning the crimes charged upon, or the fufpicions enter- tained of, the perfons he was thus required to imprifon; which writings he kept by him, as hi^ vouchers and means of Juflification, in cafe he ihould afterwards be fued at law, or other- wife called to anfwer, for thefe imprifonments, And with this view he read over General Mac Leane's letter to Captain Mathews, intending ^o ad agreeably to its contents. In this letter he found that General Mac J^eanegave Captain Mathews to underfland that :i [ 94 1 that he had ordered a Mr. PeJlion (a furgeon at Montreal,) to be arrefted and brought up a prilbner to Quebcck, but made no mention of Mr. Du Cah'et. And thereupon, as foon as he had read the letter, he faid, ** well ; Cap- tain Laws, you have, I luppofe, brought up with you Mr, Pellictiy as a prilbner." ** No, Sir," replied Captain Laws, ** I have brought up Mr. Du Calvet ;" ** This is very ftrange," faid Mr. Cramahe ; ** there is General Mac Leane's letter to Captain Ma-r thews, which mentions the arrefting of Mr. Pellion, but fays not a word of Mr. Du Calvet. This is a very odd way of pro* ceeding, thus to apprehend one man in^ fleaa of another." Accordingly IVIr. Cra- mahe would not fign the order for Mr. Du Calvet's imprifonment 5 and it was figned only, as has been already mentioned, by Cap^ tain Mathews, the Governour's Secretary. In this manner have the liberties of his Majefty's fubjeds been fported with of late years in Car nada! *t €t tt t( a PnYe, V them cept his :hey* Fe- ll refu- ^ forced ral Mac o com- to a(fl; in ers con- t found en went s of the : down. They of the lat was 3u Cal- ;nh ,rge- ated by r of the n writ- ved by ngadier onlieur irs Mac 'ufon de I a Ma^ dami I 99 ] dame La "Prlfe de leiir montrcr le Bureau ou. Mo??Jteur Du Cahct tcnoit fcs papicrs ; vfifuite de giioi lis en dcmandercnt V divert arc. yjprcs pln^ Jieurs ijijlances Us obllgcrent la ditie dame La Prife, par de fortes mc?uices, de l^ouvrir. Apres avoir vifie touts les papier sdu dlt bureau en pre fence des dlts cojmnilfalrcSy Us dlrent quit ny avolt rlen de ce qiills chercholent, Enfulte Us demanderent a vljlter dans le haut de la malfon, Apres la vljlte Us dlrent encore quils ne trouvolent rlen. Aufjitot Us poftrent ime centlnelle autour de la malfon. When Mr. Du Calvet was releafed from hi& imprifonment in May, 1783, and returned to his houfe at Montreal, he found that two of his bureaus, of which he had had the keys with him at the time of his being arrefted, (and which, confequeutly, Mrs. La Prife, his houfe-keeper, had not been able to open fop the fatisfadion of General Mac Leane and Major Dunbar,) had been broke open by force, and all his papers tumbled over and thrown intoconfufion, and had lain in that condition all the time of his imprifonment, that is, from September, 1780, to May, 1783. Many papers of confequence were carried away, or lolt, and, amongft them, fome promiifory notes .for money and fome bonds, which h:^ has N z never m [ ICO ] never fince been able to recover, cr hear any tidings of. While Mr. Du Calvet was goino; with Cap- tain Laws, as liis prifoner, from 1 nree rivers to QucbLck. the Captain told him that, about an hour and a half before he had anefled hini, he had rnet with the fon of Mr. Rouville, the judgL. a: Montreal ; a young man who, by the favour of Genera] Carleton, Vv'hile he v/as Go- vcrnourofthe province, has obtained tlie title and pay of a Captain of the Canadian light troops that were to have be^n raifed in the pro- vince, if they had not been fo utterly difin- clined to the fervice as to render that meafure inipradicable. This young Mr. Rouville was going from Quebeck to Montreal on the 27th of Septem- ber, 1780, (the day on which Mr. Du Calvet was arrefled,) when he met Captain Laws y/ho was coming the oppofite way, from Montreal towards 'T/jree rivers and Rebeck. This was about 3 o'clock in the afternoon. Mr. Rouville on this occalion fpoke to Captain Laws in the wor^s following; "Well, Cap-» *' tain Laws, you are come from Montreal to ^' arreft Mr. Du Calvet. You will meet with him very foon on the road between this place and Three rivers. For he got to Three rivers juft as I left it. I am much afrai^ V that he will be allowed to fpeak with [[ Genera} « <( <( f' Ge '* vai thi tt VA T\ on th( ral I^ befon Genci tenibf Rouvi houfe. Fro ville, incrM" before ral Hal ved k waited had fo; refted c The treal, \ tion of place, the day Mr.Rc his nei< his arri was ab( $hat da r any I Cap- rivers about d him, e, the by the IS Go- lie title I light le pro- difin- leafure g from ptem- Calvet Laws from uebcck, rnoon. [ loi ] ** General Haldimaml, and that he may pre- '* vail with him not to fend him to prifon, and ** that nothing may come of all this at Lift." This Mr. Rouville, junior, had left Quebeck on the 2 5lh of September, and had feen Gene- ral Haldimand a little before he left it, and before Mr. Du Calvct had waited upon the General on the fame day, the 25th of Sep- tember : for Mr. Du Calvet had met Mr. Rouville, junior, coming from the General's houfe. From this it appears clearly that this Rou^ ville, junior, knew of the intention of arreft:-' intr Mr. Du Calvet on the road to Montreal, before it took place, and like wife that Gene- ral Haldimand, at the very time that he beha- ved fo civilly to Mr. Du Calvet when he waited on him before his return to Montreal, had formed the refolution of having him ar- reted on the road thither. The elder Mr. Rouville, the Judge at Mon- treal, was likewife acquainted with the inten- tion of arrefting Mr. Du Calvet before it took place. For on the 27th of September, 1780, the day on which Mr. Du Calvet was arreted, Mr. Rouville went to Mr. Boulay, (who is his neighbour at Montreal,) immediately upon his arrival at Montreal from Quebeck, (which was about eleven o'clock in the morning of jlhat day, and therefore above five hours be- fore . 1 m [ 102 ] fore Mr. Du Calvet was arrcRed,) and f-.ni to him, with an air of great joy and triumph, ** That Mr. Du Calvet was certainly arretted ** and put into prifon as a prifoner of Aate," throwing out at the fame time a thoufand in- vectives iigainfl him that nothing but the mod bitter enmity and malice could have dic- tated. Mr. Du Calvet having been rhus cruelly: treated without any previous cauie or ground,, it became necellary for the Government to e4ideavour to find out, if poiTible, after the .arrefl, fome plauiible pretext to juilify it. With this view General Haldimand fent Captaia Le Maitre, his Aide de Camp, and Mr. Ed-^ ward William Gray, the SherilTof the diftrit^t of Montreal, to Mr. Du Calvet's Seigniory of the river David, to fee whether there was any ground for the reports which hud beei. fpread about, of his having colledled great quantities of corn, and great numbers of oxen and hogs, to be employed for the ufe of the Americans of the neighbouring provinces in cafe they (hould again invade the province of Que-* beck. In thefe reports it had been Hiid that he had got together no lefs than 1,500 head of oxen, as many hogs, and 30,000 buflicls of corn. But, when Captain Mr. Le Maitre and ,Mr. Gray came to examine the premifcs, and had ( ?^3 1 had feafched every yard, and ftable, and barn, •and other place they could think of, where fuch (lores and cattle might be kept,, they founu, inftead of 1500 Oxen, not a fingle one, and, inftead of i 500 hogs, about a dozen pigs, and not a fingle pound of bacon, and, inftead of 30,000 bulhels of corn, about a hundred buihels, which had arifen frona the tolls of Corn which the tenants of the Seig- niory liad piid, according to the cuflom of the country, for grhiding their corn at his, the Seignior's, mill. They then called together feveral of the peafants in the neighbourhood, or what in England we fliould be apt to call the neighbouring farmers, (but in Canada they are for the molt part, not farmers of other irix'^ns lands, but cultivators of their ownfree-» hold lands of about 80, or 100 acres a-piecej) and they enquired of them whether Mr. Dii Calvet had been getting together any extra- ordinary quantity of corn or cattle, and had concealed it ^.c^j wheic to their knowledge : and they were told that there was not the fmallen: foundation for any fuch fufpicion ; for that Mr. Du Calvet was a plain, well-meaning man, and had lived amonft them like a good- natured Seignior, or country-gentleman,- and had fpent his time in improving his eftate tlicre and employing many of the induflrious poor among them with great liberality, and fcemcd never to take the leail concern about Politicks 1 t 104 ] Politicks or the war with the neighbouring provinces of America. Mr. Lewis JaiTomc (whofe fifter Mf. Du Calvet had led,) was thepcrfon whohad at this lime tUe care and managecnent of Mr. Du Calv^t's feigniory at this place. He re- ceived Captain Le Maitre and Mr. Gray with great civility, and opened every place to thcin that they defircd to (ce. And, when they found that the reports that had been fpread about, were fo intircly without foundation, they exprciled their furprize at it to Mr. Juf- fome, and told him, '* that they plainly faw *' that all the reports they had heard to Mr. ** Du Calvct's difadvantage, were perfed^ly falfe and groundlefs, and had been wick- edly and malicioufly invented by his ene- mies in order to injure him ; and that they hoped that the account they Should give General Haldimand of what they had feen and heard in this inquiry, would intirely ** efface from the General's mind all the im- " preffions to Mr. Du Calvet's prejudice ** which the infinuations of his enemies had *' made on it." «< c< i to fee O him) r io6 ] hlin) mrght have made the like rcmonftran- ccs to the General. Thefc letters, or remonflranccs, at laft produced Ibinc cffeft: for General Haldimand ordered him to he removed from on board the Canceaiix Into the military prifon at Quebeck on the 14th of November, 1780, that is, after between fix and fevcn weeks confinement on board the Canccaux. Mr. DuCalvet conti- nued in the military prifon at Queheck from the 14th of November to the 13th of Decem- ber, 1 7!^©, when he was removed to the con- vent of the Rccollet Monks at Queheck, where he continued during the whole remainder of his confinement, that Is, till the 2d of May, Mr. Da Calvet's condition was but little mended by his removal from on board the Canceaux to the niilitary prifon. He was in- deed permitted to buy himfclf fome wholfome food once in 24 hours ; which had not been allowed him on boaj'd the Canceaux, But the room he was confined in, was more nafly and unwholfome than the little cabin he had been kept in before. It was a large room, 30 feet loijg and 2.0 broad, on the ground Ilory^ , o*' the prifon : but it was not tioored with wojdj but paved with floncs, like the flreet or a itable i and it was arched over head with flone. It was extremely damp, and dark, the fua as a beds there partly as clo confi the fa almol and Fifliei ( 107 ) fun never rtiining into it : and In the time of the French government it havl been ufcd only as a flable for horfcs. There were twelve beds in it befides that of Mr. Du Calvct ; and there were five or fix tubs in it that were partly full of allies, and which had been ufcd as clofe-flools by fonic prifoncrs who had been confined there ; which, with the naftinefs of the faid twelve beds, made fuch a ilink as was almofl: intolerable. In fliort it was (o nady and unwholfome a place that, when Mr. Firtier, (who was at that time the deputy-fur- geon of the garrifon under Mr. Mabane) came to fee Mr. Du Calvet on the 8th of Decem- ber by the dircftion of Mr. Cramahd, the Lieutenant-Governour, he could not help ex- prefling his furprifc and indignation that a man of Mr. Du Calvet's condition and charac- ter fhould be confined in fuch a noifome place. Yet this was by no means an acSt of nc- ceflity, from the want of better chambers to confine him in. For there were fevcral better rooms in the fame prifon, where he might have been confined, and which he ofi^ercd Mr. Prenties, the Provoft Martial, who kept that military prifon, to pay him handfomely for the ufe of: and Mr. Prenties would have been glad to do fo, but told him he had orders to keep him in that room. Mr. Du Calvet then defired that trie room might be tho-^ roughly wafhed and cleaned, and thofe nafty ^ubs, full of human ordure, might be remo- O 2 ved| S i [ io8 ] ', vcd ; and tkat he would pay for doing it. But this hkewife was rcfulcd him. S(; that it is clear, beyond i\ doubt, that Mr. Du Culvct's enemies aded aojainfl: him from motives of fpite and malice, and not from a regard for • the fafety and welfare of the province, which would have been equally well provided for (fuppofmg, for a moment, that he had had anydeiign to diflurb it,) by keeping him in confinement without all thefe circumftances of cruelty. During the imprifonment of Mr. Du. CaU vet in the liulitary prifon at Quebeck, Gene- ral Haldimand was at one time upon the point of giving him his liberty, being con- vinced that the fufpicions which his enemies had inlinuated againft him were without foun- dation. But an indifcreet letter of Mr. Du Calvet written to the Governour juft in the moment of this favourable difpofition toward^ him, renewed the Governour's refentment againfl him and prevented Mr. Du Calvet's enlargement from prifon in the inftant it was going to be accomplidied. I call this letter ViW indifcreet one t becaufe in a province that is governed, (as Quebeck has of late years been,) upon the pruiciples that prevail at Algiers ana Tunis, or according to the mere will and pleafure of the Governour; with a declared contempt of all the reftraints or rules of Law, i( is certainly indifcreet to claim one's rights, and nndcc der, n in od and pi ceptioj come the a it will! were cure f fettin^ they h that ui On Evefqi the wr vet wa the un was cc give h lutely, for his felf to that pi ral flio Thi mand Caftle it, (aj before [ IC9 r nndcomplain of the hardships one labours un- der, in a tone of firmnefs and refolution. But in other refpedls the letter was perfc^ly juft and proper, and liable to no manner of ex- ception ; as will be prcfently {<:cn. when we come to fet forth the letter itfelf at lenqth in the following pages of this narrative. But it will firft be proper to mention the Jfleps that were taken by Mr. Du Calvet's friends to pro- cure from General Haldimand an order for fetting him at liberty, and the near profpe<5t they had of fucceeding in this endeavour, if that unfortunate letter had not prevented it. On the 6th of December, 1780, Mr. L* Evefque reprefented to General Haldimaji4 the wretched condition in which Mr. Du Cal- vet was, the declining ftate of his health, and the unwholfomenefs of the room in which he was confined, and befought his Excellency to give him his liberty, if not freely and abfo- lutely, at leaft upon his giving good fecurity for his good behaviour; and he offered him- felf to become Mr. Du Calvet's fecurity for that purpofe to any fum of money the Gene^ ral (liould think proper. This requefl: was imde to General Haldi- mand publickly at his levee at Saint Lewis's Caftle. General Haldimand faid, in anfwer to it, (as he had often faid to Mr. L' Evefque before io fpeaking of Mr. Du Calvet,) " that " he iS i ! [ "o ] " he was forry thaf Mr. Du Calvet had been ^' fufpedied of deligns againfl the Govern- ** ment, and that he had thought himfelf ob- liged to feciire his perfon ; but that, as r.o- thing had been difcovercd to confirm thofe fufpicions, he was willing to reflore him to his liberty upon the terms propofed by Mr L' Evefque, of Mr. L' Evelque's be- coming furety for his good behaviour; and that he was glad that Mr. L' Evefque had " interceded in this manner for Mr. Da Cal- (« €( «« 4t 4t €t *t C( vet, and made this offer of being furety for him, as it gave him an opportunity of re- ** leafing Mr. Du Calvet from his confinement with propriety and fafety." «c «< All this he faid at his leve'e with an air of great good-humour and fatisfa(5};ion, and at the fame time called his Aide de Camp, Mr. Le Maitre to him, and ordered him to go with Mr. L' Evefque to Mr. Cramahe, theLieute- nant-Governour, aud tell him to draw up the bond, or inftrument, by which Mr. L* Evefque was to become furety for Mr. Du Calvet, and to give an order to Prenties, the Provoft-Martial, or keeper of the military pri^ fon, to fet Mr. Du Calvet at liberty. For it mull be obferved, that all this bufinefs, *'of committing people to prifon, and fetting them at liberty, out of the ordinary courfe of law,'* was tranfaded by Mr. Cramahe, the Lieute- pant-Governour, by the or^er of General Haldi, f ' [ III ] it i Hald'nnandi the Govcrnour, ^nd the warrants to the Provofl-martial were all ligned " HeBor ** ^hcophilmCnimahe^ by order of his Excellency *' the Governouv." By fuch an order of Mf. Cramahcs Mr. Du Calvet had been removed from on board the Cariceaitx and confined in the miHtary prifon ; though the order by which he had been fent on hoard the Canccaux had been figned only by Captain Mathews, the Governour s Secre- tary, and the original order under which he had been arrcfted by Captain Laws near T^bne rrjerSf had been only a verbal order of Briga- dier General Mac Leaae : And by Tuch an or- der of Mr. Cnimahe it was now the intention of General Hakiimand that Mr. Du Calvet Ihouid be fct at liberty. Mr. L' Evefque accordingly went imme- diately with Captain Le Maitre,, the Gover- nour's Aide de Cap, to Mr. Cramahe, to pro- cure fuch an order. But, unfortunately for Mr. Du Calvet, Mr. Cramahe happened to bejuft then fo much engaged in bufmefs that he defined this order might be delayed till the next morning between lo and ii o'clock, when he pron^ifcd Mr. L' Evefque to deliver it to him, upon the terms propofed, if he would call for it. Mr. L' Evefque accordingly called at Mi. Cramahc's houfe the next morn- ing at the time appointed, and was fliewn into a room 4 t "2 1 a room In which he found Mr. Dunn (a gen- tleman of eminence at Quebeck, that was a great friend of Mr. Cramahe, and Hved in the fame houfe with him,) employed in drawing up the bond, or inftrument, of furety-fliip, •which Mr. L' Evefque was to fign. When the mftrument was compleated, Mr. Dunn and Mr, L' Evefque went with it into nnother room to Mr. Cramahe, in order that Mr. L' Evefque might fign it in his prefence, and that Mr. Cramahe' might, in confequence, make out the order for Mr. Du Calvet's en- largement. But how great was their furprife when they heard Mr. Cramahe declare, **that he could not give fuch an order ! for that the weather-cock had turned (La Giroiicttc a iourncy) or the wind had changed, lince Mr. L' Evefque had been with him yefler- day, and that General Haldimand had fent him a countermand to his order of yefterday in Mr. Du Calvet's favour!" Alluding by the mention of a weather-cock, to the capri- cioufnefs and variablenefs of General Haldi- inand's temper and condu(fl in this and other inftances. <( c: <( (( ec c< << Mr. Cramahe made no mention of any rea-* fon for this change of the Governour's refolu- tion, and poflibly did not know any. Bat Mr. L' Eveique, itfeems, gueifed at ihe true caufc, namely, that Mr. Du Calvet might have [ "3 ] have given the mighty Govcrnour frcfli of- fence by fcnd'"ng hiin an cxpoftulatory letter written in too free aftyle, which the Govcr- nour miglit have received after he had confen- ted to fet him at liberty. And he foon alter, upon inquiry, found that this had really been the cafe : which made him regret that he had not, upon leaving Mr. Cramahe the day be- fore, gone immediately to Mr. Du Calvet in the mihtary prifon, and made him acquainted with the Govcrnour's intended favour to him, in order to prevent his taking [o indifcreet a flep. But the mifchlef was then done ; and no intreaties, or remonflrances, could ever after prevail upon General Haldlmand to fet Mr. Du Calvet at liberty till the 2d of May, 1783* So that it may truly be faid, ** that he was kept in prifon from the jth of December^ 178c, to the ?ui of May, 178-^, net for any fup- pofcd correfpondence with the Kings enemies, or for any other praSiices againfl the welfare of the province y hut for having, in the angtdfii of his fuid, and the confcioufnejs of his perjcdl innocence^ written an expojtidatory letter to the Goveriiour ex^ prejjed in afiyle the Govcrnour thought too free." Mr. Du Calvet, after his enlargement from prifon, defired Mr. L' Evefque to give him an account in writing of the whole proceeding concerning: the Governour's intended favour to him in the beginning of December, 17804 And Mr< L' Evefque, in compliance with this r requell. I ( o requeft, fent him the following letter from Quebeck, dated July the 28th, 1783. Mmfieury En reponfe a votre demande^ Je vous dirai, que ies prefiiien jcurs de Decembre^ 1780, ye priai le General Hahiimand de njous laijjer fcrtir de prijony en lui reprefentant le trijl: ctat cu 'vcus eiitZy eu egard a "-cotre [ante et la 7naiivaile prifon que 'vous cccuplez ; lui offrarJ d'etre voire caution, II me fit reponfe, (comme il cvoit dcja dit,) qu'il etcit jdche que lous fujjiez joufnnni : Enfijiy il in'ac^ cor da ^cotre cLrgijjaiU'nt, et appelia Monjteur le Mai *-e, a qui tl dit d* alter avec moi chez le Lieutenant^cwverneur^ Monjieur Cramahe, lui dire de fa part de icus faire fortir^ apres avoir pris ma Jignature pour la jorme du cautior.nemcitt, Le m^Jfage fut fait ; et MoJifeur de CramalJ, kant eccupe alors^ me pria de repafjer le lendemain : ce que je fis j €t Monfieur Dunn drefja V obligation-, et la port ant avec moi dam I' appartement de mon dit Kiicur Cramahi -, ce d^^rnier nous dit, " La giroiiette a iourne ; ie General in' a envoy e contrordre,'' Je census que vcus lui aviez pu ecrire quelque choje la veille cu le matin, Je jus vous trouvcr^ et fappris de vous que je ne m\'iois pas trompe; ce que ie General [ "5 ] General me confix' ma le dimanche d^enfuite a Jon /ever, Je me Juts reproche de 7ie vous avoir pas e/e prevenir fur le moment en for" tant de chcz le LicUtenaiii-Gotiverneur la premiere fois : cela auroit arrcte votre Icttre au General et donne vraijemblablement votre Liberte, J'ai Vhmneur d'etre bien parfaitementy Monjieur, Votre tres humble et tres obeijjdnt ferviteur^ Francois L'Evefque* It will now be proper to infert the fatal letter of Mr. Du Calvet himfelf to General Haldimand, which occafioned the prolongation of his imprifonment, with circumftances of great hardfhip and cruelty, from Dec. 7, 1780, to the 2d of May, 1783, but which, with men of any temper and moderation or love of juftice, ought to have had the very contrary effed:. It was as follows. P a Let^re m [ >>6 3 Lettre de Pierre Du Calvet a [on HxcellencCy le General Frederic HMmaiid^ Ofc. &^c. a ^ebec. Monjieur^ A la prifon de ^ehcc^ le 6 Decesnbre, 17 So, ^oique depuis le 27 du inois de Septembre dernier je ne cejje point de ^vous reprefrnter la dure et trijie fituation cii vous m'avez mis, en me fat far; t prendre pour votre prifonnier Jam V avoir merite ; mayant iraite depuis ma ditention avec toute la gene de refcla'uage le plus oppreffif, Je vous at demande trh refpcBucufcment d'etre injiruit de la caufe et des raifons de rnon emprifonnementy pour me ju/iifier, Vous navez pas juge a propos d'e?i venir la, puifque vous me Pavez rejufi, Je *vous at re-itere et ecrit diverfes fois que je n'avois rien J ait en aucune maniere pour metre attire la durete avec laquelle vous me maltraiteZy et que, pour veus en donner des preuves authentiques, je vous at demand^ de me prefer ire ce que vous ddfiriez de moi ; que j'etois pret a le fuivre : Vous avez garde le filence, 'Je vous at expofe^ que ?nes affaires et mes maifons etoient a I' abandon ct entre les maifis de mes domejliques, pour iainfi dire, au pillage ; et que cela me portoit un j'ai [ "7 ] un tort et un prejudice des plus confiderahks ct inappreciable a touts egards, jfe vous ai vicmc offert touts mes e^ets en general et de toute nature quclconque^ pcur les tncttrc dans les niagczins du loi, a telle cowpcfition que '■ecus Jouhoitericz : Point de rcponfe — Enfin^ j'ai iwulu me plaind^e que fetois malancy quand je retcis au dernier point: (Car il eji furprenant que je fois jorti vivant du bord du CaiiccauxJ Vcus m'avcz fait un critne d'en a^coir J ait un tres petit detail dam line lettre que j'ecri'vis it ant prcjque hors de nioi-ihemey et ne croyant plus dejcendre (I terre 'vivant, ^elle a ite ma Jituation a bord du Canceausc au commencement du moii de Novej}ibre dernier que j'en fuis tres indif" pofe encore, et que je crains bcaucoup que le mal de fete que j'ai attrape Id, ne me joue un mauvais tour : car je ne puis point en guerir^ — ETifin, puifque je vois que mes biens s'cn niont grand train ^ et quails seclipfcnt-, — que ma jamiile efi d la merci des domejiiques ; — que je fens que 7na /ante et mes forces diminucnt'y — je crois qui I n'ejl pas hors de propos de 'uous donner une jHtiie analyje tres fuccinBe des raijons qui occajionnenty par malheur pour moi, que Vcus et Monjicur Cramahe ayez pris a tdche de me Jaire fupporter toute "ootre inimitie. Car je n'ai point fait de mal, et mon dejfein ti'ejl d'en Jaire a perjonne ^ue ce puijfe etre. [ n8 ] A Rijfi::^cucbe I'cte J 759, p^r principcs #/t' religion ct d'humanitc^ je rctirai d\'ntre tcs vmim des fmivages^ ivccc grande peine^ trcnte et quclqiics pri/'onnirrs ylngkis avcc tin rfficier vomme Ccjar MK^orvilck^ kfquch ulioicnt etrc J aerifies, ye les en'voyaiy je les ffcortai nwi-tueme avcc fuixantc hcmmcs da'H un grand battcaii jufau'a I'iJJe de ^arraquct^ cii ayant fait tiier acux boeufsy jc les appro^ 'Difionnai ct cnfuite je les envoyai a Halifax, E?i 1760, a la prife de Montreal^ cet (Jjlcicr iy trcwoa : En conjeqiience le Qeu^ral Am- terjl m^eni-cya chercher^ ct me Jit bu Caket, It Foila do?i€ cette Icttve ji cffcnjante, qui a pu faire jvfpendre de deux ans et demi un clargijjement deja accorde et fi hicn merite, Cn conviendra cependant qiCdk ne renfernis aucune expre/jioji qui nc joit biin permtfe a un homme ace able de fes maiiXy et qui fent qu*il ne les 7nhite p^s. ^le i\n juge du motif de V emprifonnement par celui de la rctratlation f Qui : il ejl bien "urai que ce for,t de fmpics, foup^onsy et des qiierellcs jur les mots^ qui out pu jaire languir un honnete citoyen pendant trois am dans la plus etroite captivite. II falloit done que mes bourreaux m^extenuaffent au point de ne powuoir tenir la plume, Ei peu sen eft fallu : car je puis bien dire que cette lettre Jj4t cbe^ mot un dernier ejort du [ 126 ] ^li fcntiment, qui s'eteigfioif, Mais non : La 7name des tyram a tcujours ke de ne voiiloir ffis que Von fe p!aig?2it, ^'ils ^gorgent done dcs animaux^ H ils fieaicndront pas des plai?jtes ! • There nre two particulars relating to Gene- ral Haldiniand's intended enlargement of Mr. Du Calvet from his Imprifonment, before he changed his mind in confequence of the fore- going letter, which are \vo:th relating. The Ml is, the furprize which the French, or Canadian, gentlemen who were prefent at General Haldimand's Levee on the 6th of De- cember, 1780, exprelTed when they heard the General confent to Mr. Du Cal vet's being fet a-t liberty upon Mr. L'Evefque's becoming bound for him, and declare that he had hitherto been confined o-nly upon general fufpicions, for which they had not yet difco- vered any ground. They trembled at the difcovery, that, under an Englifh government, they were liable to be fo treated upon mere fufpicion, and faid to one another in whifpcrs, ** Gare les fDupcons : Car iu fcrcis him rite dvn ** le cas de Aloi/fiur DuCahei,'' that is, ** I fee •* it is a dreadful thing, in the prefent ftate of things, to be even fufpedted of being an enemy to government. For, if we are fo, ** the heft of us, though ever fo innocent, may •* inftantly be brought into the fame con- ** diticn as Mr, Du Calv-et." Fpr till thi^ t'me «< »c time t credit! upon at leai mcnt Th L'Ev Gove the L nour's libert bounc great que, ^ hoiiicu. jam I ^' gla( *' kce (( in On Ilaldi move vent < is a juunl ed b) ber b riour ComiJ the i m: La voidoir gorgetit pas ties Cene- of Mr. bre he I fore- The ch, or bnt at )fDe^ rd the Dg fet Dining had cneral dlfco- the nent, mere fpcrs, :' dnis I fee flate igan e To, may con- this time ( 127 ) thne they had given the government To much credit as to fuppofe that they had proceeded upon fome proofs, or informations, th:it had at leaft an appearance of truth, in their treat- ment of Mr. Du Cah'et. The other particular Is, that, when Mr. L' Eve.'que went with Captain Le Maitre, the Governour's Aide de Camp, to ?vlr. Cramahe, the Lieutenant-Governour, with the Gover- nour's order to him to fet Mr. Du Calvct at liberty upon Mr. L' Evefque's becoming bound for him, Mr. I', unahc expreilcd great fatibfa^ftion at it, an^. ' nd to Mr. L'Evcf- que, En v^rite je fou Inen alfc. Car it ccoit boiiteux dc tenir un homme commc eel a en prifon [am fi-avoir pourquoi \ that is, *'Well, lam " glad to hear it : for it was really a (liame to "" keep a man of Mr. Du Calvct's charadcr ** in prifon without knowing for what." On the 13th of December, 17S0, General rialdimand ordered Mr. Du Caivet to be re- moved from the military prifon to the con- vent of Recollet monks at Qucbeck, This is a very large building, containing a great iiuuiber of rooms, which are not ufed or want- ed by the monks that inhabit it, whofe num- ber is reduced to only two, befides the Supe- riour of the convent, who is called the Father Comnn[jar)\ and four lay-brothers, who are the fcrvants of the Monks, It v.ould there- fore I '' I 'X ': [ '28 J fore have been eafy for General FT Jimanci to* have caufcd Mr Du Calvet to be accomodated in this place with a convenient and v/holefome apartment, in which he might have hoped in fome degree to recover his health ', but this feemcd to be far from the Governour's inten- tion. For the Father Commilfary, whof'^ name was B:rn\ and under whofc power and management Mr. Da Calvet was placed, put him into the room which fervcd the monks and lay-brothers as an infirmary, or fick- room, where thofeof them that took pbyfick came to wic their clofe-ftools , and this, as he declared, by the order of General Haldimand. In this room there were three beds, in one of which Mr. Du Calvet lay j and the other two were ufcd by fuch of the monks, or lay- brothers, as were fick ; of whom there was almoft always one or other in that condition^ and very frequently two at the fame time. And the flench of the room was fooffenfive that Mr. Du Calvet thought hlmfclf in rather a worfe condition than he had been in before in the military prifon above-mentioned, nafty and unwholefome as it was. In this unhappy fituation, and being at the ilime time almofc worn out with iickuefs, he wrote on the following day, the 14th of De- cember, 17B0, the following letter to Mr. Cramahc, the Lieutenant Governour. I 129 ] m Aux Recollets^ yeudi Matin, 14 Decembre^ Monfieur, Permettcz que je *vou5 informe que je futi tres malade^ ct que je me recommence a lotri charitiy et que je lous fufplie de farler pout moi a Jon Excellence : Car je me *vcjs perir fans rejource^ Jt 'vcus Ji'avcz pas fitii de moii J'ai pris la Itherte de lui krire avant hier la lettre que je joins ici ', la que lie il n'a pas n:oulu recevcir. "Je vols par la qu'il cji tres indifpoje centre moi. Je n'oiois pas befcin de cela : J'avois ajjez de mal, fans qu*il m*en Jur'vien7ie d 'avantage par le maltraitement : car je nte xois perir. — Fermettez que je vcus prie de Vappaifer^ et de lui jaire agreer mes excuJeSy Ji j'ai manque a quelque choje qui puijje Va'-ooir irrite. — Je juis au dcjejpoir^ -^ Monjieur Preniies ?n'a transfere hier matin ici ; oiije Juis tres tr.alade. Je n'ai pas eu jeulement de I'eau dipuis que Jy fuis, Le jroid m'a J ait jortir du lity et avic grande peine Jai pii Jaire du jeu. Je juis aban- donne et i^crs d'etat^ par moi-mefne^ de rien jaire pour pouvsiir me feccurir^ etant dant un accablcmcnt et dans une Joiblcjje des plus R grandes. I [ 130 ] grandes, y^fpife que fan Excellence et vous, vous voudrez bien avoir igard a ma trijle Jituation. yai Vbonneur detre^ avec un profond refieB, Mofijieur^ Voire ires humble^ et trcs obiijfant ferviteur^ Pierre Du Calve f. To this letter Mr. Cramahe fent him the following anfwer. ji Monjteur Pierre DuCahcf, auxRecoUeis, Jeudiy 14 DecembrCy 1780. ye fais mes complime?its a Monjteur Du Caivety et parlerai a Monjteur le General qutl lut a ecrite aun Jiyk qui ne convenoit point du tout, ye vous en at averti plufieurs J oil j et vous y etes toujour s revenu. IL jT, Cramahe, z trifle profond [ 131 ] The letter of Mr. Du Calvet alluded to \i\ the foregoing note of Mr. Cramahe, and which, he fays, has indifpofed General Hal- dimand againfl: him, is the letter of the 6th of December, 1780, which has been fet forth above. Cahet, liin the ecoUeis, 1780. ur Du ^eniral Hence a le lettre cent et vous en toujours "•amahe. Two days after, to wit, on the 1 6th of De- cember, 1780, Mr. Cramahe wrote Mr. Du Calvet another letter, to inform him that he had reprefented his unhappy flate to General Haldimand, and that the General had faid he would give orders that Mr. Du Calvet (hould be treated in a better manner, which would be to Mr. Du Cal vet's fatisfadtion. But no fuch orders were ever given, and Mr. Du Calvet continued to be treated with the fame negledl and cruelty as at firft during the whole remainder of his imprifonment in that con- vent of RecolJet-monks under the power of the aforefaid CommifTary, father Bene, In thisfituation he received no allowance of food whatfoever from either the Government, or the Recollet-monks, but might, literally, have been ftarved to death, if he had not had wherevvithall to purchafe fome nourilhmcnt himfelfby the favour and afiiilance of the foldier who mounted guard upon him. This he did under circumftances of great inconve- nience, the foldier being often drunk and over-turning the victuals he was bringing to R 2 him. •■■ ■ (> [ 132 J him, and fometlmes flopping at an ale-houft with the viduals in his hand, and letting people eat up part of them while he was drink- ing and talking with his companions, fo that only a Imall part of them came to Mr. Du Calvet. Under thefe circumftanccs he defired th? RecoUet-monks to let him have a bafon of broth every day from their table, that being a conftant diih with them ; and he offered to pay a Spanifh dolkr, or 4s. and 6d. flerling, for every fuch bafon. But they rcfufcd to let him have it, telling him they had exprefs orders from the Governour not to give him any re- frefhment whatfoever. And father Berre, their Commiflary or Superiour, (who from his bru- tality and hardnels of heart, was excellently calculated to give General Haldimand com- plete fatisfadion in this employment of Mr. Du Calvet's jailer,) ufed often to forbid the other monks to give Mr. Du Calvet the lealt refrefhment, comfort, or afijilance of any kind whatfoever, under pain of being themfelves put under confinement by his nuthorityj, de- claring at I he fume time that fuch were the orders of General IJaldimand, and that he was determined to obey them. In this forlorn condition Mr. Du Calvet continued for almolt the whole time of his imprifonaicnt. Neither General Haldimand, nor . ^ A r '33 ] •-houft letting drink- fo that Ir. Du red th? ifon of oc'ing a I to pay ig, for let him orders any re- % their is bru- illently 1 com- 3f Mr. 3id the le leaft y kind aielves U de- re the he was Calvet of his mand, nor nor Mr. Cramahe, nor the town-major, nof any other officer on behalf of the Government, ever came to fee him in his confinement, or to enquire into the flatc of his health, or the treatment he met with, and the rranncr of his accommodation ; though it is, in mod places, an eQabliflied cullomfor the fupcriour officers of Government, (under whofe authority pri- foners are kept in confinement,) either to vifit the prifons thcmfelvcs in perfon and make thefe inquiries, or to caufe them to be made by relpeClable officers in whom they place a confidence. General Carleton, while Go/ernour of the province of Quebcck in the firfl: part of the iate unhappy war, in the years 1776 and ij/jf when there were numbers of American pri- foners of war in various prjfons of the pro- vince, never failed to vifit the prifons at the town of Quebeck, or where-ever elle he hap- pened to refide, in which any fuch prifoners were confined, once a week, to fee their con^ dition, and know from their own mouths how they were treated. And General Hair dimand, his fucceflbr iij the government of the province, though he did not, like General Carleton(whofehu:nanityisgeneraliy acknow- ledged,) vifit the prifoners in his own perfon, yet he caufed them to be regularly vifited by the town-major of Quebeck, or the barrack- mafr ter, or fome other giiker that he could truft. But '.,' « v;i';;. H ftl ^»» [ ^34 1 But he never did To to Mr. Du Calvcf On the contrary, he gave orders that none of his friends iliould be permitted to vifit him : and it w'di always with great ditliculty that Mr. L' Evefque, (though a perfon of eminence in the province, and a member of the legifla- tivc council,) could be permitted, now and then, to have accefs to him ; and, when he did fee him, he could not bear to flay with him above five, or lix minutes, on account of the extreme Acnch of the chamber in which Mr. Du Calvct was confined, arifing from the caufe above-mentioned. On the Sunday after Mr. Du Calvet had fent tlie letter above-mentioned, of the 6th of December, 1780, to General Haldimand, (in confequence of which the General revoked his order for fctting him at liberty,) General Haldimand laid publickly to Mr. L' Evefque at his Levcc, * thr.t Mr. Du Calvet had fent ** him a letter that had given him great offence; '* but that he would teach him what it was to '* write to him infuch a fiyle, and would make ** him altcrhii, note." Mr. L' Evefque replied, *' that he had feen ihelcttcr, and didnot think ** it could have offended his Excellency fo ** much, but that it mii?,ht have been ex- cufed from a man whofe health was almotl: deflroyed by the hardlhips he had fuffered in bis in^.prifonment, and vvhofc fortune was daily going to ruin for want of his pre-^ ** fence t< << «c it [ 135 ] ** fence and attention." And Mr. Peter, Panet, (a French or Canadian lawyer, who formerly pradiled the law at Montreal, but of late years has been one of the Judges of the Court of Common-Pleas at Quebeck ;) joined with Mr. L' Evefque in makini; the fame re- mark. Upon which General ifaldimand laid v/ith warmth, ** that he did not want advice ** upon this fubjod from any body, and tliat ** he was himfelf the only perfon who had a " right to judge about It, and would do as he " thought proper." So plainly did it appear from General Haldimand's own declarations that the aforefaid letter of the 6th of Decem- ber, 1 780, was the caufe of his continuing the imprifonment of Mr. Du Calvet from that time to the time of his enlargement in May, But to return to Mr. Du Cdvet's forlorn and unhappy condition in the nally fick-room at the Recollet convent, in which liq was fo malicioufly confined ; it is proper to add that the mifery of it was very much heif^htencd in the year 1782, by the father commillary's ordering two mad-men, (who were fucccf- lively fent to that convent to be connncd and taken care of,) to be put into tlie chamber over Mr. Du Calvet's head. This was cer- tainly done on purpofe to torment Mr. Du Calvet, and wear out, if poiiible, the fmall remains of health and ftrength he ftill retained. For t 136 ] For there were at that very time a dozeri chambers in the convent that were empty, any one of which might have been allotted to the unhappy lunatick, and a fecond, at a diftance from the former, might have been afligned to Mr. Du Calvet, without the fmal- left inconvenience to any ohe. But this Would not have been a fufficient punifnment to Mr. Du Calvet, for having prefumed, in the above-mentioned letter of December the 6th, 1780, to complain of the hard treatment he had received. Ovei ninj 178] wit, I ing Chei Can] a m provl The two mad-rhen were therefore placed, fucceflively, over his head ; when, the floor of the room being ill put together and full of large gaps between the planks, their urine and other filth penetrated through it artd came in large dreams into Mr. Du Cal vet's priforr- room, and increafed the naftinefs and flench of it^ which was before almoft intolerable. And their difmal cries and fhrieks, and the noife they made in moving about continually from one ? art of the room to another, were fo plainly heard in Mr. Du Calvet's chamber, that it made it ulmoft impofiible for him to' get any fleep either by night or by day, and thereby increafed to a terrible degree the fick- nefs under which he had long laboured. Cart fuch treatment be properly called by any other liame than that of doivnri^bt perjecution ? it (C <( (( theTc [ ^Z7 J Thefc two mad-men were kept in the room over Mr. Du Calvet's head from the beein- ning of April to the end of Augull in the year 1782. About the middle of this period, to wit, on the loth of June, 17S2, the follow- ing converfation palled between Monlieur Du Chefnay and Monfieur Baby, two French, or Canadian, gentlemen, of whom the latter is a member of the Legiflative council of the province. Monfieur Du Chefnay, being at dinner at Monfieur Baby's houfe, faid, " he did not doubt but that Mr. Livius, the Chief Juf- tice of the province, would, when he re- turned into it, inquire into the caufes of the fcvcral imprifonments that had taken place in the province, and fet fuch of the prifoners at liberty as he Ihould find to be ** innocent." To which Monfieur Baby laid, ** That he believed Mr. Livius would not do ** fo : for that the Legiflative Council v^ould •* not let him enter into fachan inquiry, not- *' withftanding it did feem to be a part of ** the duty of his ofiice." Upon this Mr. Du Chefnay faid, " What then does the Go- vernment intend to do with the prifoners, and particularly with Mr. Du Calvct, who has been kept fo long a prifoncr only upon fufplcion, and without letting him know the caufe of his imprifonmcnt, while both his health and his property arc goinu; to S *♦ iuin ? €t if t( tc «( (( <( e, " that his only motive for tndea- T 2 I vouriftg * i. , ' [ I4S ] ^' vonrln^ to leave tlic jirovlncc was to get out *' of tliL- rcuch of his ( rcdilors." Tlicytheii riic^vcd him fomc [ icccs of pr.pcr folded up in the Iliapc of letters, ai'.d ail;;.dluin, il lie knew them. • To which he laid, "he did not." Upor. V. hich tiiey f'id, ** tliat they were let- *' tc'iG written by Mr. Du Calvct, and which '* he had been endeavouring to fend to the ^' Atnericans. * They then ihcwed him fomc parts of the letters, and particularly the names iubfcrihcd to them, and alked him if he knew the hand" writing. To which he anfwcred, ** tlrit he did not." And this young man has fince declared that he has fomctimes had occa- sion to (cc Mr. Du Calvet's hand-w: iting ; but that he could notobferve the leail refomblance to it in the hand-writing of the letters which thofe two oflicers then Ihcwed him. This was the fubdance of a written decla- ration which this young man, j'ofepb Dufort^ voluntarily made at Montreal on the 22dof lail Auguil, 1783, after being releafed from an imprifonment of almolt three years lUpon the aiorefald fufpicion of his being engaged in treafonable defigns againfl the Government, arifing only from his aforefaid attempt to get out of the province. It was not made before a Judice, or CommilTary, of the peace ; becaufe in the prefent ftate of en- flavement of the whole province to the fole and abfolute will and pleafureof the Gover- nour, no fuch Magi (irate, it was fuppofcd, wpr.Jd vJ, i) S i< (C [ M9 } V'ould dare to take it. But it is wltncflld hy Le-uis y/^J/omi', ayctung man oF good condi- tion and cluiracflcr in the: dillriilt ot Montreal, Wiiole fidcr Mr. Du Cdvct had nvanicd, \xnd l)y another mai! w.wwQiX'Jumes PicurJ, and U m tlic words fuUov/in; i Dip-i^ d^ Montreal, le 22 iVAoiiJ}, 17^3^ JLjl comparu pardcvant nous ^ofcph Du- fort, fdSy iie ccttv '•jitL : lequcl, {iprrs avoir prele ferment fur les faints cvangiies dc dire ^u'rit(!\ a deciare ce qui juit, ^*a)\iJ7t ete arrete Je 1 5 Aoufly 1 7H0, ct conduit uu cCtcau des hetrcSj il Jut amcni i) ^aint yean de I 'autre cole de la riviere^ La kantf le Capitaine Manfelly du 29'" regijvcnt, acconipagne du Capitaine Dixon ft du hicutcnant Kractnen du me me re^iment^ linrent le trcwvcr, Et ce dernier (lit au depcjant de dire ** ce qui pouioit I'avoir oUigt^ ** de s'vn a Her, ct s'il n'a'Dcit pas ete follicite ** par qiielqu' un," Le depojant lui repon^ dit, '''•que 7.on 'y qui I ny avoit que les affaires *' relati'-jes d fon commerce qui lui avoient ^* J ait prendre le parti de puffer ehez les Ame- ** riquainSy ct mn autre cLofe qui put con- " ceriier Pet at en aucune maniere,** Le pie me Lieutenant Kracmen dit au dit depo- jant^ r t 150 ] fafit, *' Si Mctifcur du Cakct tie ltd avoit fns dcnne dcs le tires four ryl^nerique." II r^pnndit, ** ^le non ; et qiiil pou'voit ajfnrer *' qi'.e Monjicur du Cahet liavoit auciinc *' L'jinoiJIance de Jon depart," he ineme jour^ :-'o A^Aijl, H fut amene a la point c cu Jer ii herd du hdtiment La A! aria, cu il a rtjie jtJqtC an 2"'"*= O^obre fuhant, Le Major La^ leton, (qui rnontolt alors pour i' expedition di^ Fcrt George J vint ahcrd du dit bdtinunty tty inter rogeant Ic dit dcpofant, il lid demanda *' les raifons pour lefquelles il etoit parti J" li repcnait (ccmme il aioit fait cy devanty) •* quii 72'' etoit parti qu'en raifon de Jes " ajj aires,'' Et le dii Major Carkton hd cpprtt *• la detention du dit Fierrc du Cuhct^ *' et qu'il avGtt etc pendu h Monti eal avcc ** Pel/ion ct Ha?nel', et que les 7nenus pri- ^\pmniers avoicnt L.'pof^ centre lui -, et de " declarer tout ce quHl f^a'voit fur kur *' ccnipte,'* A quoi le dipojant hd repondit^ ** ^^, s'ils etoient pendus, il nc-joit rien a ** dire cent?'' eux." Pour lors le Major Car let on lui dit, ** //| ne font point pendiis, ^* rnais Us foJit a la 'veille dc Vetre: Dites ce que wus Jc/2vez centre eux : il vaut 7?neux perdre jes amis que fe perdre foi- •* 7ne7}2e : et que^ s'il ne dedaroit pas la ** n:erite, qu'il a'vcit les crdres pour le pen- ^ dre," Le depojant repondit, '^ ^I'il 7i'a''coit " r/6« a dire contre fes a7niSf id c out re Mon^ ^ fuiir Du Cahet en partiadicrJ' Le n.anc jour ct jour fant arrv fid- dUy des lid cc , <( a vaut { 151 J jour {lufjly 2'"^' 05lobre, 17S0, Ic dit depo- fant fut ramoie an Fort St, 'Jean^ ou il arriva le 4'""-*. Fen k mcis de No'vcjjihre " mqjejle, et dc dire Ics raifons qui lavoient " oblige de partir d:' Mvitre.il pour aller *' dans VAmcriquc.'' A qim il a'-coit repon- dUy *' ^fil ny a--:cit que Jes profrei off air ei *' qui lamenoicnt id,*' Us lui moyitrcrent des papiers plh'i en forme de Icttrcs^ ct itd di^eni, ** S'il avoit connoi[Jance de " cchi!' Ji repcndit, '' %t' mn," Et ces Mejjieurs cdjcutcrcrJ, '* ^e c'etcit des lettres '^ qui venoient de Moiifiiur Dn Calvet^ qu'il " cwoo'joit dans FAniJrique,'^ Onhii demanda^ ** 5"// recortr.o:JJc:t ticrittire et JignatureJ\ A quoi 11 repondity *' i^e non^'" Declare en ov.tre le dit depofanty quayant quAque petite co:vrA\^ance de L'ecriture et fig- natiire de Monjieur Pierre Du Cahety iin'a ricn I'f' dd?2s ce qu'hn ltd a montrey qui en apprccbc, Et c'^^'> Jof^p^^ Dufort, Four temolns^ 'Jacques Plcardy JLciiis Jujjlme^ .u ( 152 1 It appears from the foregoing dcpofitiorr^ that, after Mr. Du Calvet had been arreted by the verbal order of Brigadier General Mac Leane on the 27th of September, 1780 ; and had been fent prifoner on board the Canceanx., lying at Que beck, on the 29th of the lame month, by an order of General Haldimand, iigned only by his fecretary. Captain Ma- thews; and his pocket book, with the pa- pers in it, had been taken from him by Cap- tain Laws 'y and his houle at Montreal had been fearched, his bureaus broke open, and the papers in them feized and examined by Brigadier General Mac Leane himfelf and Ma- jor Dunbar, (Mr. Frafer's brother in law,) in the laft days of September; and his houfe, barns and llables, at the river David had been fearched in the beginning of C^lober, by Captain Le Maitre (General Haldlmand's Aide de Camp,) in company with Mr. Gray, the Sheriff of Montreal, to find the flores of corn and cattle which he was reported by his enemies to have coUedted there for the ufe cf the Americans ; — and nothing had been found in all thefe various fearches to give the lead colour to the fufpicions that had been enter- tained by the Government of Mr. Du Cal vet's correfponding with, or afiifting, the revolted Americans;— I fay, it appears from the fore- going depolition, that, after all thefe diligent^ but ineifedual, endeavours to find out evi- dcnqe againft Mr. Du Calvet, Captain Le Maitre, reflcd , Mac ; and ceaiix-^ lame mand, Ma- le pa- • Cap- il had 1, and led by dMa- ,w,) ill houtl', d been er, by land's Gray, res of by his ufe cf found e kail lenter- alvefs tvolted fore- |ligent^ It evi- iin Lc [aitre. [ ^52 1 Maitre, General Haldimand's Aide do Camp> and Major Carlcton, in the month of Novem- ber, 1780, fHll ukd their utmofl: endeavours to procure Uich evidence from this young man, Joleph Dufort, by fhcwing him written pa- pers folded up in the Hiape of letters, which they declared to have been written by Mr. Du Calvet, and all<.ing him whether he did not know the hand-writing of them ; aiid telling Idm at the fame time, iu order to frighten liim, that he himfelf had been guilty of high treafon. Such was the diligence with which Mr. Du Calvct's enemies purfued his ruin. But, as he was intirely innocent of the whole charge, having never had the fmalleft corre- fpondence with the revolted Americans, thefe endeavours all proved vain j and General Hal- dlmand, on the 6th of December, 1780, ac- kiiowledged that he was convinced that all the Uifpicions that had been entertained againfl him had been groundlefs, and thereupon con- fented that heihould be fet at liberty : though afterwards, from mere pride and tyranny, he revoked the order for his enlaregement, and kept him in prifon, v/ith all the circuni- ftanccs of hardlhip and cruelty above- related, from December the 6th, 1780, to May the sd, ^7^3, in refentment of the expodula^ tory letter which he received juft at that tinrj from Mr. Du Calvet, and which has been ulreadv mentioned, and ilated at lull len";th,' U lor m n I. [ 154 ] for the reader's confideration, in the forego- ifig part of this narrative. While Mr. Du Cal vet's enemies were thus at^livc in depriving him of his liberty, and from the hardships they made him undergo in his imprifonmcnr, fcemed likewife to intend that his life Ihould fall a lacrlfice to their refent- ment, they fcemed equally determined to bring about the ruin of his fortune. This will appear from the account which it will now be proper to give of a certain law- fui'c v'hich Mr. Du Calvet had in the Court of 'Common Picas at Montreal, with a Mr. John Lees, a merchant ofQuebeck, who had been the correfpondent of Mr. Francis Rybot, a merchant of London j Vv-hich law-fuit Mr. Da Calvet brou<4ht, by way of appeal, before the Court of th'j Governour and Council, and vvouid have brought, had he been permitted io to do, before the K-ng in his Privy Council in England. The occaiion cf this law-fuit \vas as follows. In the year 1766, IVFr. Francis Rybot, of Iwondon, agreed with Mr. Du Calvet, to pur- chafe good^ for him in England, and fend them to Quebcck according to his ojders, and to charge them to Mr. Du Calvet at the fame prices at which he had bought them of the fever.1l [ 155 ] feveral manufa61urers who had made them, and then to charge an addilioiial fum of ^ per cent upon thofe prices, as a reward for his trouble and care. Mr. Rybot was hkewilb tx) do other mercantile bulincis in England for Mr. Du Calvet, as his faclor, upon terms agreed upon between thtm» This conne(flion being edabliflied between them, Mr. Du Calvet lent Mr. Rybot a par- cel of Canada-paper of three different kinds, called Billets d'oriknnancc^ Lett res de change^ and Reconmijjdnces^ to the amount of 138,620 French livrci, i5fol?, to be fold for his account, with a certain allowance to Mr. Rybot upon the price they fliould be fold for, as his commifiion. The price of the biiicls d'orcLnvancc at the publick niaiket at this time, in the year 1766, was about 3-^ per cent, of their noi .inal value, and that of the Lcitrcs ik change was about 42 percent, and that of the ReccunoiJJcmces was above 60 per cent. Mr. Rybot liad at th!s time a Mr. Johij Jenifon for his partner and agent, who rcii- ded in Canada, and tranfadled ])is bufinels in that province. By the means of this gentle- man, (who fcrupled to co-operate with his partner, Mr. Rybot, in impofing upon Mr. Du Calvet,) the latter came to difcover that U 2 Mr. t \^\ [ 'S6 ] Mr. Rybot had chn.rged hltn for certain quan-r titles of fpirituous liquors which he had bought for him in England, and fcnt out to liim to Qiirbeck, a greater price than he had paid for them, to v/it, i8d. flerling per gallon, inliead of J yd. over and above the commiiiion of i; per cent, that had been agreed on ; and had likewife allowed him for the Canada-paper wliich he had fold for hini little more than 20 percent, of its nominal va- lue, though the leall valuable of the three ibrts had been fold at market for more than 30 per cent, and the other two forts at more than 40 per cent, and 6c per cent. All this ap- pears clearly from Mr. Rybot's account with Mr. DuCalvet, and his letters to his aforefaid partner, Mr. Jenifon, which Mr. Du Calvet has now in his polleflion. Mr. Du Calvet, having made this difcovery of Mr. Rybot s falfe charges in his account with him, refufed to allow it and to pay the balance demanded by Mr. Rybot, but was willing to pay the balance that might be due to Mr. Rybot upon a fair account, if it (hould appear that any fuch balance was due to him, which Mr. Du Calvet did not believe to be the cafe. This occafioned a difagreement between Mr. Rybot and Mr. Du Calvet, which continued from the year 1768, when Mr. Du Calvet difcovered this unfair pro- ceeding [ '57 ] ceedlng of Mr. Rybot, to the year 177^, without any effodual incafurcs to explain the matter to their mutual fatisfa(;iinn. But in Auguft 1773, Mr. Fargues and Mr. John Lees, Junior, both merchants at C^check, and who had a }io\ver of attorney from Mr. Rybot to manage his concerns in Canada, ao-reed with Mr. Du Calvet to refer the exami- naiion of Mr. Rybot's account with him to four arbitrators. Accordingly thofe two gentlemen, who aded for Mr. Rybot, chof^ Mr. Thomas Dunn and Mr. Francis L' Evef- que, both of Qnebeck, (and who have been already mentioned in the precceding- part of this narrative,) for the arbitrators on the be- half of Mr. Rybot; and Mr. Du Calvet chofe Mr. John Du Mas, Saint Martin, of Mon- treal, and Mr. John Martehl, alio of Mon- treal, for his arbitrators. An.d thefe gentle- men accepted the office, and began to exe- cute it by examining Mr. Rybot's account, and enquiring into the truth of the fovcral ar- ticles of it. The confequcnce was, tiiat they faw plainly that feveral of the articles were unfair ones, and that, when they were pro- perly altered, the balance of the account would be in favour of Mr. Du Calvet ^ though according to the demands of Mr. Rybot the balance was about three thoufand j^oundj^^ llerling, in Mr. Rybot's favour. They did not, however, give any award upon the matter, becaufe, when Mr. John Lees faw how it "') I n I [ '5S ] it vv.'is likely to turn cut, he Vviil.urcw his papers from the hands cf the p.ioitnitors and broke up the arbitration, and tlie arhitrators did not chufe to proceed in the bulinefs when one of the parties was no longer willing to conicnt to it. Vv'hen Mr. Lees found that the examina- tion of Rybot's account by the four arbitra- tor'j was not likely to turn cu; to Mr. Rvbot's 'idvanta'ie, he changed his method of attack •ip.M' Mr. Du Calvet, and endeavoured to get a larg "'im of money from him upon another ground, which it will be proper in this place to explain. Tn theyears 1766 and 1767, Mr. Du Calvet had given to Mr. Rybot a numberof bills of exchange and promiilbry notes, amounting, all together, to the fum of 6441/, 15. and \\d, irerling, over and above the Canada-paper rbove-mentioned, which he had put into his hands to be fold for him. The bills of Ex- change, which were in their nature negotiable, amounted to about 200c/. fierling, of this lu;n. But the promiirory notes were made payable only to Mr. R3'bot, and not to his order, not having been intended by Mr. Du Calvet to be negotiated or put out of Mr. Ry- bot's hands. The form of them was as fol- lows. ■ > Au \Autrc7itc-iin (luin'Auic Dccvinhre prochahi Je ^ romcts pCA'cr a Mr. Fni^ccis Ryhst a Londres^ fix cefits Livn's, Jlcrlin^^s^ vakur rtcut' en un4 jaclure dc 7U;ircbiUidif:s quil a cbur^t\'S akird dii commerce. Ciipilaifii' Tlcmiis Yi/Zv/A;/?, a IjO^i- dri's, k Slcmr, y'Unl, 176J'. Do/i four 6co/, / p[erlin'::s. 1 ICi'i'C xjU CwrvV** And Mr. Da Calvct's intention in giving thefL' bills and notes was, thit Mr. Kyho; Oiould lend him a ilock oi:" iioods tit I'ur i\vi niark'Jt of Canada, to the amount -f about 4000/. fii' ihem, and ihould retaru h: i i\v^ remainder ol \\\^ riotos when it -hoald be conve!)itnt to him, uiing ihe;:i in th;; uaean- while for the fuj^^ort of his credit. But Mr, Rybot made adiiTjrent ufe of chefe promiffory notes from that vvhiehMr. Ou Cal- vct h:id intended. For he put fevcii of liiem, amounting together tu the fum of zii'6l. \os. and 6 J. fteriing, into the hands of Meflleurs CbaLVCt and 'Turqnendy mereh.uus of London, in parineriliip with each other. And thofe gentlemen feiit out a power of attorney to the aforefiid Mr. John Lees at Quebeck, to fue Mr. Du Calvet for the faid fum of 2718/. loi. 6rh*. Lees at the fame time. iMr. Lees accoruin^dy in December, ^7J2>, made t i6o ] mnde oalh Iv.fore the above-mentioned Mr. Mnbiinc, (then and now one of the Judges of the Court of Cominon-Pleas at Quc:bcck,) that M\\ Vu Calvct was indebted to the f.iid Lewis Chauvct and Peter Turquend, nier- ch.ints of London, in the faid funi of 2618/, JOS, and ^ui. (lerling, upon (even of tlie fiid proniiflbry notes, drawn by tiic fiid Peter Du Calvct in favour of Francis Rybot, of London, mercb.ant, and by him affigned over to the fliid Lewis Chauvet and Peter Turquend. And upon the ground of this oath of Mr. Lees, JVIr. Du Cah'ct was arrefled imnudi- atclv after at Montreal in the fanle month of December, 1773. He immediately made a journey to Que- beck (tliough in the mod levere feafon of the year, and with great inconvenience,) and put in bail to anfwer the adtion, which was a matter of the utmoll: furprife to him, as he had never had the leaft: connection in trade with the faid Chauvet and Turquend, and bad not meant that thofc promiiTory notes fhould be negotiated, nor imagined that they CtHild be negotiated, becaufe they were made payable to Mr. Rybot only, and not to him or bis order. But this defedl had been at- tempted to be cured by fome of the gentle- men in whofe polleffion thofe notes had been, and, he fuppofes, by Mr. Rybot. For, when tiiefe notes were produced in Canada by Mr. Lees, cd Mr. tlgcs of -beck,) he liiid Dier- 26, S/. ic laid tcr Du ndon, to th'j jiicnd. )t Mr. imcdi- nih of of (he; nd put was a as he I tradd , and notes t they made 3 him n at- mtle- been, ^vhen Mr. Lees, [ ,6. ] Lec.*;, tlicy were found to luvc tlic words, **ef a ronlre," infci ted in them between the lines. Tills a'fiion continued in the court of Com- mon-Pleas at Montreal till April, 1775, Vvhcn Mr. Lccs, fearing that he iliould not be ablr '"o fucceed in it when the whole tranf- aftion came to be clearly laid open, dofired leave to withdraw it before a judgment was given in it, and was permitted to do fo upoa an engagement to pay all the cofts Mr. Du Calvet had been put to in it; which, how- ever, he has never done. In the year 1777 Mr. Lees drought another a6tion againfl Mr. Du Calvet in the fame Court of Common- Pleas at Montreal for the fame fum of money, to wit, 2718/. lOi. and Gd. flerling, grounded upon the fame promif- fory notes that were made the foundation of t\r^ former a^ftion. But he now appeared as the attorney, or reprefentatlve, of Mr. Rybot himfelf, to whom thofe notes had been given. Yet he produced no power of attorney from Mr. llybotto authorize him to bring this aiflion'y nor any proof rliut Mr. Chauvet and Mr. Tur- quend had alTigned back to Mr. Rybot the notes which he had afligned to them. Nor would the Court of Common-Fleas infill upon his doing either of thefe tb.ings, though both feemed necellary to warrant and fupport tb-iv ; f ^T^i [ 162 ] ncwa that the Appeal Ihould be al- lowed upon his giving good and fullicient bail to profecutc the appeal to elfcct before t.]:ie King in Counpil, but that tl^e rccogniz.ncc (liould be entered into in the Court of Ap- peals, or Court of the Governourand Coun- cil, itfelf, (whiph was held at Qiiebeck,) and not before a commiOioner at Montreal ; und that he and his I'urcties lliould attend at Qucbeck, for the purpofe of giving fuch re- cognizance, on Monday, the22dof the fame month of November, 1779, In obedience to this order Mr. Du Calvet fet out from Montreal, with his two fureties, Mr. ,fe r ]66 ] m\ Mr. Jofcph Cazencuve and Mr. Slglfmnnd Dubuit, (both of Montreal,) for Quebeck on the ]6th of November, 1779, but did not nrru'c there till the 21 11, having been obliged, by the bad condition of the roads, to travel fiovAy. This, however, was within the time ;i]!owed them, the zid bcin^i the d:\v that had been appointed by the order of the Court of Afpf-a] for taking his recognizance. Accor- diiigly, on the next day, the 22d of Novem- ber, 1779, Mr. Du Calvet and his two fure- ties went to the Court of Appeals at i o o'clock in the morning, to enter into the rccogni- i^ance and bonds that were required of them. But, when they came there, Mr. Cranirdie, the Lieutenant-Governour, (though he had johied in the above-mentioned order of the Court, which had dired>ed Mr. Du Calvet to come to Quebeck, with his fureties, on this 22d of November, and in confequence of %vhich they had made this journey from Mon- treal in that bad feafon for this very purpofe,) refufed to let them do the bufinefs they were tome about, and adjourned the Court immc- tliately to the 6th of the following month ot December, with an appearance oi impetuofity and anger which feemed to furprizc fome of the other members of the Council who hap- pened to be prefent. After this fudden adjournment of the Court Mr, Cramahe went cut of the room, i^nd Aop^ ed do] fpei tvvol upo| (( (( [ '67 ] flopped on the outfide of it for a n:iort time to fpeak with Monficur de Lery and Mr. Finlay, two other members of the Council. But, upon feeing Mr. Du Calvet come out after him and endeavour to come up to him and fpcak to him, he broke off Iiis converfatioii with thofe two gentlemen abruptly, and went au'ay. Mr. Du Calvet was fo furprifed and Hiocked at this behaviour of Mr. Cramahe, that, hap- penmg in ms way the Council-room to his lodizin:.';, to meet with Mr. Gcorpe ALop, another menibcr of tlie Lcgillative Council, he could not help fpcaking to him of it. Mr. Ahbj^ (who on many occaiions has ihewa himlelf a lover of lav/ and libcrtyO nvadc anfvvcr, *' That it did not much furprife him ; " for that every thing that had been done of ** late in the Council had been it) new and ** ftrange that he could nut underftand it.*' And he added, *^ That the members of the Council were extremely unwilling that any of tl '.e cijcilions iiiven in the province Ihould (( t( t( a tc ■e u jcilions given in the province Ihou be curied by appeal to England, and th:U ibcy were determined to do all they could to prevent it." AboLlt an hour after this breaking up of the Council in this fuddcn nuir.ner, Mr. Du Calvet went to wait upon Mr. Cramahc at Jiis houfe, and had a long converfation with him ill [ i6S ] him upon ihcfubje^^, in whi^h Mr. Cramnhc plain'y told him, "thiU he wn;- ag; /mil his ** making this appeal to the KiLg ih Council, ** and that he was rcfolvcd not to receive the *' rurctics he offered to tlie court in order to ** make it." Upon which Mr. Du Calvet, iindinr::: Mr. Cramahc, and others of the Council, fo averfe to his making this appeal from their JLidgement, thought it nccefl-iry to have rccourfe to the Governour himfelf, though he knew that his Excellency did not ufually chule to mjddle in this judicial hufi- ncls of the Council. But in the prefent cafe lie hoped he would interfere, in order to pro- cure him an allowance of what was fo plainly his right, the liberty of appealing for juilice to his Sovereign in Council, agr.wvbly to the dircvflions of the ordinance that hud ellablidied the fevcral Courts of Jullice in the province, i!nd the conditions upon which appeals might he made from the in. And fjr this purpoic heprefented a petition to Cjenernl Haldiniand, conceived, as he thought, in terms futliciently refpedful, iUKi which had been previoudy peruicd and approved by Mr. Jenkins Wil- liams, who was at that time the Regiller of the Court of Appeals or Legiflative Council, 3nd had been on fornier occalions employed by jVIr. Du Calvet as his Lawyer and Advocate, iind who therefore might be fuppofed to be a good Judge of the llyle in which fuch a pcti- tiun ought to be drawn. But, that the readers o.t J amahc! ii\ his )uncil, ive the •der to Calvct, of the appeal iLiry to limlcli, Vid not A bufi- nn calc to pro- plainly lilicc to to the ibU(l:ied ovince, s might piu'poic imand, iciently jeviouily s Wll- iiler of Council, oyed by vocate, to be a \i a pcti- readers I 169 ] of this narrative may judge for themtclves of the jflyle and manner of rxpieiTi^n ulcd ia this petition, and determine how far it de- ferved the harfli anfvver General Haldimand gave it, it (hall be here inferted word for v/ord. it was as follows. ^ fjn Excellence Mejjlre Frederic Haldimand^ I'lcuycr, Goirjcrneur en Chef de la provijice de Canada, Gnneral des force i de fa Majefle Britanniquc, i^c, Rcqiicte de Pierre Du Cahef, Le fuppliant a rhonncur de rcprcfcnier a "ootre Excellence fes jufes plaijites. Son entk're conjuvice en 'jotre vquitc renhardit ; et il ofe ejpercr que, lu la legiiimite de fa demande, il plaira a %otrc ,Ex- ccilence fairc droit. le Suppliant as ant inter) ctti appel d'un jitgc^ 7ficnt dans une cdufc entre lui fuppliant et Fran-- vols Ryhot de Lend res par devafit fa ires gracicufc Alajrjl.c ct fon Confil pri'-ce par iine rcqucte pre- Jenlce le 2^d'0clchrc dernier u la Ccur d'/Jppel dc ccite pro'jinccy il for tit im ordre de la dlitc Ccur d'/lppel k premier de ce tnois, par lequel il fnt ordonne que luiy fuppliant^ pfejtnteroit les can- tionsy dont il e?2teiidoit f fevSu^ le zz du pr^jcnt mcis. [ ^70 ] ^ie?2 C07iformite ii cet ordonne de la ditte ccur^ il fe feroit tranfport^ en cette ville, avec les cautions y a grosf rats et peine ^ vu la difficult e des ckeminsi, ^e fon exaSlitude a remplir ce a quoi la ditte Cour d'Appel ravoitfiiimis^ lui devient onereuje^ puifque, fans attcune formaliie pre-alable, cette cour a ete ajournee au 6 du prochain mots, ^uii rctardement auffi conjiderable eft pour lui, fuppliatity tme cauje dommageable par ks depenfes enormes que lui et fes cautions font obliges i^» 1j-»I/ 1*1 . . 1 /* ^ ^u diijix du p) res fcront itnpraticahlcs ; en outre par les affaires de chacun d\HXy qui demandcnt Icur prejence q Mont reed, VhiSf le fuppUant a Vhonneur de reprefenter a "votre excellence, que, fetant auffi rendu appel- lanf dim jugement de la Cour de Playdoycrs communs de Montreal dans une caufe entre lid, Jupplii^nt, ct Brook IVatfon ct Rajijleigh de Lon~ dresj il auroit prefcnie, pour cautions du dit appel, le dotlcur Cazeneurce et Sigijmond Duhuit^ de Montreal, lefquels ont etc re^us le 21'''^'' d' O^hbre dernier, et ont prete ferment, ^e fept jours apres, en Vab fence de lui, fup^ pliant^ les fuges de Montreal^ mnohjlant VaC' ceptatio}]/' 2 ditte , avec ifficuhe la dttU nereufiy '(?, cette ft pour tar ks t obliges 'teSy vu Probable 5 rivie- affaires •ejence q '/enter a I appel- ^aydoycrs lire lui, de Lon- du dit Duhuit^ uiy flip' fit i'aC' ':eptatio}i' r 17' ] ceptaiion preddente des cautions, !es dedarereni nofi-recev^bles. Pour mettre Jill a tant de tracaff cries, et dor re toute 'uoye a mauvaije chicane, ie fuppliant ai'oit off'eri au Sicur Sanguniet, avocat des dits JVat- Jon et ReJIdcigh, de remcttre entre fes mains, on autre s quit jugeroit apropos, pour double valeur en eff'ets, fuivant I'cjiimation d' experts. Son offre fut rejettee, et le fuppliant remit aux dits Si curs Cazeneuve et Du Buit pour la valeur du double, ct meme au-deld, de la fomme que qui que cc pit pourroit repeter centre lui, fuppliant^ Le fuppliant prevoit que toutes les difficult es, qui natjjent d chaque injlant^ ne tendent qu a le priver du feul moyen qui lui rcjle ful'cant la loi^ la Juliice, ei VEquite, qui ejl la '•jpye d\ippcL Pqurquoi, et fur les reprefentations cy-drjfus, k fuppliant efpere, fmde fur T Equite de I'otre Ex- cellence, qu'il lui plaira inter-po/er (on autorite et ordonner que les cautions cy-dcffus dcnommecSy prefentees par lui, fuppliant, pour caufe d'appci entre lui et Rybot et Watfon ct Raplcigh, de Londres, Jeront repics fans autre delai, on or- donner que lui, fuppliant, depofera entre les mains de telle ou telles perfonnes qui I plaira a Totre Ex- cellence de nommer d cet effet, une quantiie d'effets eqidvalente, on pour double la fomme portee paries dits jugements ; en ccnjequence or- donner, qui I fera jurjh d C execution du juge- Y 2 ment t 172 ] wmt de rionorcMc Ccur dcs pJayctcyers communs de h'lontrcal, Des propofttiom mifji chiircs ncpciivent laijfer ti *vo:re Frcelicnce iHicnn donte de la juflice des prkeujio:is du fuppliant, Aufji efperc-fil quit iiii piairaje jervir de fonautoritey ofin que jiijlicc lui foit renuue : lit voire fuppUant ne ceffcra de prier pour la profperite de lolre Excellence, A Quebec, Le 2^ Nov, 1779. Pierre Du Calvet, from This petition was prefentcd to General Halcliiiiand on the 24th of Novcmher, 1779 : and about the fame time Mr. Da Calvet waited upon his Excellency no lefs than five different times, in hopes of an anfwer to it. The General received him civilly, and con- fefied to him that he thought his cafe a very hard one, and that he wondered much that the Council, or Court of Appeals, after ha- ving on the I ft of that month (November, 1779) appointed the 22d as the day on whicli thev would admit Mr. Du Calvet to z^vo. the good and fufiicient fecurity to proftcutc his Appeal before the King in Council with effedf, which was required of him, and after Mr. Du Calvet and his two fureties had, in con- sequence of fuch order, come up to Quebcck from t 7J ] from Montreal, In that bad fcafon for travel- ling, for the very {Hirpofc of giving this fecu- rity; — 1 fiy. General Ilaklinvand confclfed to Mr. Du Calvct that he wondered much, that, after all thefe previous (tcps of a contrary ten- dency, the Council (lunild have refufcd to admit him to give this fccnrity, and (liould have fo fuddenly adjourned themrdves to fo dilfant a day as the 6th of the foliuw'inn: inontli ot December, whereby he was obliged to continue in Qucbeck, with his two fnretics, for above a fortnight, at a greatcxpencc, and with great inconvenience to their affairs, by their abfence from their refpei!:llvc homes. And from this declaration of thcGcneral, Mr. Du Calvet was induced to hope, that his Ex- cellency would ufe his endeavours with the Council toprevail on them to admit thefccurity he offered for hisap{)caljand that immediately, (if the rules of tlie Council would admit ol it,) without waiting till the 6th of the following month of December, 1779, to which Mr. Cramahe had fo halbly adjourned the Coun- cil. But in this hope Mr. Du Calvet vv'as de- ceived. For the General, notwithftanding the civil reception he gave Mr. Du Calvet, and the fcnfo. he exprelled of the harHi treatment he had met with, refufed to interfere with theCouncilin his fivour, and on the 3d of December, j 779, that is after a delay of nine days, "1 4 M ( 174 ) days, Cent him the following dry and feverc letter in anfwer to his petition. Monjieury j'e nc puhy nl ne thh^ vom accoriin' ce que wus ma ckmanJez par *v6trc placet du 24""" ^^ ^^J" % 7 >^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I's I.I iT |2k2 lb ■■■ 1^ IM 2.2 ■1.8 Photographic Sciences Corporation 1.25 1.4 1 '•* ■• 6" - ► ^ •s^ \ <^ \\ '9> \ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 o\ 4r '; [ J76 ] peals, fliould think fit to appoint, houfes at Montreal, and other property, to the amount of twice the lum in queftion, which fhould become chargeable with the debt and cofts of the adion, in cafe the King in Council Hiould determine it againft him. This fcemed likely to anfwcr every fub- P.antial purpofe of jullice flill better than the finding iureties to be bound for him who were poficffcd of landed property in the province; becaufe by this means the rcquifite quantity of property would itfelf remain in the hands of refpe^'l;able third pcrfons, or truftees, chofeii by the Court of Appeal itfelf, to anfwer the event of ti>e appeal, witliout a pofiibility of being alienated in the mean time, as might be the cafe with the landed property of any furcties who tnight have become bound for Mr. Du Calvet, according to the Council's requifition. But this offer of Mr. Du Cal- vet wa6 refufed by the Council, as well as hi? former orfer of Mr. Cazeneuve and Du Butt fpr his fu re ties. And here it muft be obferved, concerning Mr. Cazeneuve and Mr. Du Buit, that tl^ey were mentioned by name in Mr. Du Calvet's petition of the 25th of Odober, 1779, ^^ being the pcrfons he meant to produce as his fu re ties for this appeal to the King in Coun- cil i and that the Court of Appeals did not then i I t "^17 \ then make any objedlon to them on accoiint of their want of landed property, but feemed to approve them, and to be willing to receive them, ns fufficient fecurities for the purpofe^ and accordingly made their order, above- mentioned, of the ift of November, 1779, that Mr. Du Calvet fliould attend at Quebeck, with his furcties, to give the proper fecuri- ties for his appeal, on the 22d of the fame month. This order Mr. Du Calvet had confidered^' at the time it was made, as in fonle degree an a£l of fevcrity towards him, inafmuch as it required him and his fureties to make a troublefome winter-journey from Montreal to Quebeck for this purpofe, inftead of being permitted to enter into thefe engagements be- fore a Commiffioner at Montreal, whom the Court of Appeals might have authorized to take thefc fecurities in that town, as they had done in divers other appeals of the fame kind both before and fince. But he had af- terwards much more reafon to complain of them, when, after his coming to Quebeck, with his two fureties, on the 2 2d of Novem- ber, in obedience to their order, Mr. Cra- mahe refufed to admit them to give fecurity, and adjourned the Court fuddenly to the 6th of December, and then, on the faid 6th of Decen*iber, again pofitively refufed to re- ceive them. Z When H f '78 1 When Mr. Du Calvet found himfelfthas^ precluded, by this refolution of the Legifla- tive Council of the province, from this right of appealing from their deciHon to his Ma- jefty in Council, he fubmitted to his fate, and accepted of a propofal made him by Mr, Lees, the agent,, or reprefentative,. of Mr. Rybot in this action, to pay the money in queftion, to wit, 2122/. 6j, and 5^. flerling, in two equal portions, in the courfe of the months of September, in the two following years F78Q and 17B1, that is, 1061/. 31, and 2id. in the courfe of September, 1780, and 106 iL 31. and 2^^. in the courfe of Septem- ber, 1781 5 but without any intereft upon the faidfums, and without any cofts of fuit. And Mr. Du Calvet further confented, that, if Mr. Lees could find an opportunity of felLng. the goods, cr merchandizes, then in Mr. Du Calvet's ware-houfes, for a profit not more than 10 per cent, lefs than the cuftomary profit made in the province by the lale of the fame forts of goods, he ibould be at liberty to fbll the faid merchandizes as foon as he plealed, and thereb)' pay himfelf the faid fum of 212 2/. 6^. and ^J. or a part thereof, be- fore the faid terms of payment then agreed upon. And in cafe Mr. Du Calvet failed in performing the conditions of this agreement^ Mr, Lees was to be at liberty to take out the e:^qcutiQn upon the jud^aient that had been given. 9 II. ! ;■; I ifelf thns^ Legifla- his right his Ma- his fate, i by Mr. of Mr. noney in flerling, fe of the following /. 35. and 780, and Septem- upon the fuit. And , that, if of felling. 1 Mr. Du not more uflomary ale of the at libertv ►on as he faid fuin ;reof, be- en agreed failed in ^reement^ Le out the had been given. [ 179 ] given againft him, and Mr. Du Cnlvet relln- quifhed his right of appealing from it. This agreement was reduced to writing in the French language, and figned by Mr. John Lees and Mr. Du Calvet, in the prefenceof the Legiflative Council. Mr. I.ees at the fame time agreed, in the prefencc of the faid Coun- cil, to deliver up to Mr. Du Calvet, in the courfe of a few days, all the bills of exchange and promlfTory notes which Mr. Du Calvet had formerly drawn in favour of Mr. Rybot, and which were the foundation of this demand of Mr. Rybot, and of the judgmentoftheCourtof Common-Pleas at Montreal, which had been confirmed by the Council, or Court of Ap- peals, at Quebeck, and from which Mr. Du Calvet had vvilhed to appeal to the King in Council. But this engagement of Mr. Lees was not inferted in the written agreement above-mentioned, becaufe the members of the Council ihow.ght it a thing of courfe, and too plain to need being fpecifically engaged for in that agreement, and therefore perfuaded Mr. Du Calvet to (ign the agreement without it, though he had defired to have a claufe added to the agreement for the fake of removing all doubt about it. Mr. Du Calvet has fince had reafon to be forry that fuch a claufe was not inferted in the faid agreement as it had been in the award that had been made again fl hini by the arbitrators at Montreal, and which Z 2 had J It;; [ i8o ] had been confirmed by the Court of Com- mon Pleas there, und afterwards by the Coun- cil of the province, or Court of Appeals, the JaA cluufe of which award was in the words following. *' \^cus prononccns cf ordomiofis, ^e le Jit yean Lees dclhrcra ciu dit Pierre Du Calvef, ' ^aiyert trtaes et chacune des Lettrcs dc ChajigCy Promcffc.', ou :iiUrci SureteSy qiiil pent a'voir eji fciJe.[jiOJ7y donnees on cccordees par le dit Pierre Dt! Cahet audit Francois Ryhot^ cu a tcute autre per /'on:, -pour [on compte j et dc plus, quit lui fafjera ohli^atinty ccnjointcmcut aiec quaire bon- nes et fujjijcwt-'S cautions, qui dwcront ctre ap- ptouveti par hi diiw Coiir des Playdoyers Com- r,nms, four la Jornmc penale de quatre milkUvreSy dc gar ant ir de tout t'^ouhie et indcmnifer le dit Picne Du Caivet de et contre toiite reclamation^ dcmande^ en compte queiconquCy du au dit Fran- cois Rytot, pour^ on en ^vertu dc, aucwi billet^ promcJj''y on jwele^ qui pourroient lietre pas cntre Ics mains du dit Jean Lees, on qid pour- rvicut etre rejlccs, on ccartecs, on trajifportees a mcunc autre pcrjonne quelconque \ de fapn dga~ rantir pltincmcnt et indemnifer le dit Pierre Du Calvet, et fcs her i tiers, jujqu d ce que le Jlatnt de prefer iption Ics aura rendus nuls, tant en Eur rope que dam cctie province : et qu apres les dit- tes partita Je doniuroint qiuttance generale red- proqucmcnt, V unci I' autre ^ de totite pretention et demaiide quckovique. After J. ;i vc:\ • i ■ [ i8r ] After this agreement of December the 6t!i, 1779, Mr. Du Calvet relblved to comply •with the terms of it in the moll pun'Hii-vs, and Mr. Cugnet, that he vvoald d'v liver up to Mr. l^u Caivet his old bilk of exchange and proniiiibry notes to i\Ir. Rybot, in the fpace of a few days ; anC' . i^ufiv, uating the refufal of Mr. Lees to fulnl this piomife with refpeft to fo m my of thefe bills and notes as amounted to aDoat 2441/. and that thir refufal was ^* the ground of Mr. Uu Calvet's declining the nayment of the remaining: fum of 106 1/» 35. and a"..'/, which was to have been paid, according to th>.^ fiid agieement, in the courfe of September, 1781, and decla- ring that he, or his fr^^nds, were ready and v/jillng to make this latter payment as foon as Mr. Lees would deliver up to him *' the faid bills and notes according to his *• promife : and, thereupon, praying, that " the Court would not permit Mr. Lees to ^* take out execution agi^inft him for the « faid (( <( €t CC • ( t t €i <( C( (( tt [ i89 ] ** faid remainino; fum 1061/. 3^. and lid, " ^^e^)ir)^^, till Mr. l.ees (hould nril: have *' deli'/ir^red up to him the {j.iA rc^malnlng bills " and notcr to ihe amoun.t of about 2441/. • ** and Mr, Du C .dvet ihouki, neverthelefs, " have refilled to make him the laid fecond ** payment of ic6i/. 31. 2nd z^d, according " to the aforelaid agreement.'* This petition was prefentcd to the Court of Ap^^eals, or Council of the province, in the beginning, or middle, of the month of Otlfober, 17H?, while Mr. Cranrdic, the Lieutenant-Governour, (who left th.e pro- vince on his return to England in the latter part of the fame month of O^ohcr, 1781,) continued to prelide in it. And the truth and reafonablenels of what was alledged in it feemed (as Mr. Du Calvet has been infor- med) to make a confiderable impreflion on the minds of many of the Counfellors. And Mr. Cramahe, in particular, exprefied his furprize at hearing that Mr. Lees had not yet delivered up thofe old bills and notes, in a very llrong manner. ** What ! faid he, are ** not thofe bills and notes delivered up yet ? '* Well; from this moment I will have no *• hand in any proceeding in this bufmefs " againft Mr. Du Calvet. And I am glad ** that my voyage to England will prevent ** my being folicjt^d to meddle any further •* in it;' Accor- lii!:: ' ■'H ; H ;»l. [ 190 ] Accordingly nothing was done by the Court againft Mr. Di\ Calvct while Mr. Cramahe continued in the province. But on the 25th of the faid month of Odober, 178 1, both Mr. Cramahe and Mr. Lees quitted the pro- vince, and fet fail for England, where they afterwards arrived. And Mr. Lees left the management of bis affairs in Canada to a Mr. Davilcn, who was his partner. This Mr. Davifbu was a very particular friend of Mr. Mabane, the Judge of the Comnion-F'leas at Quebeckj fomuchfo, that he lodged at Mr. Mabane's houfe, inftead cf living with his partner, Mr. Lees. And by his behaviour to Mr. Du Calveta few months after the de- parture of Mr. Lees from the province, it fliouldfecm that he had imbibed Icmeof Mr. Mabaiic's rancour againli: Mr. Du Calvet, or, atlcail:, he became tlicinpufed to be the Conllitutioti of the Legi- ilaiive Council, vhcii ading as a Court of Appeal, that it could not fit, without the pre- fence of either the C>overnour, or the LieutC- nont-Governour, or the Chief Jullice of the province, to prdide over it. The Chief JsafLlce of the province, Mr., Livius, has been in England or Ireland (to thegreat riiorrincation of the inhabitaats ofths province of Quebcck, who longed for his return, and for the protedion which they hopea his pre- fciice wouid have afrurdeti totheir liberties) ever fince General Haldirnand's a;>poiniment tothe Government of the province. And, wdiile Mr. C. amahe, the Lie utenmt-Governour, continued in the provincej that is, till Oclo- ber the 25th, i'/'6i, Ge/ieral Haldimand de- volved upon him this duty of prefiding over i;he Council of the province in their judicial character of a Court of Appeals; aiid after- wards;, [ 195 1 wards, upon the arrival of CaptAlii Hamilton i-n the province, as llicceflbr to Mr. Cranv.ihe in the faid office of Lieutenant-Governour, (which happened in June, ijoiy) he in like manner devolved the fame duty upon hiin. And ill the interval between the departure of Mr. Cramahe, and the arrival of Captaia Hamilton, no Courts of Appeal were held at all, except in the fingle cafe ahove mentioned of Mr. Rybot's aclion againfl Mr. Du Calvet, and for the purpofe of granting the above- mentioned Mr. Davlfon, (i;he partner of Mr. Lees, and agent of Mr. Rybot,) a writ of execution to authorize him to raife the faid fum of 1061/. '^s, and 2\d. fieri ing, by the feizure and fale of Mr. Du Calvet's _L;oods and lands : though at the fame time there were mu;jy other appeals lodged in the Court, which were waiting for a decifion. The writ of execution accordingly IiTued to Mr. Gray, the Slienaof the difcrict of Mon- treal, in which Mr. Du Calvet's goods and lands lay ; and it was ngned by General Hal- dimand, as Prefident of the Court. But, as the ordinances of the province diredl, that no lands flrall be fold by writs of execution for the payment of debts till after the expiration of four months from the time of their being put up to fale by a publiclc advertifement, Mr. Du Calvet had time to apply to his friends to afliU him to raife the money and pay it to Mr. B b 2 Daviion, C 196 ] Davifon before fuch fale of his lands could take effedt. And here his good friend Mr. L'Evef- que came ngain to his affiilnnce, and, with the help of 500/. Hallifax currency, or 450/. flerling. which Mr. Du Chefnay, the Stig- nicr of Beauport near Qucbeck, freely offered tc lend M *. Du Calvet on this occafion, and w^^•^ Ivj^. Du Calvet accepted, paid Mr. DavUuuth^ whole fum of 1061/. 3^. and 2W. th'u: v^as n warded to him. . i] n- -•r ^1: This Mr. Du Chefnav is one of the moll refpcdlable gentlemen in the province of Que- beck, both in point of fortune and charadler, Jjeing poflefled, not only of the valuable feig- niur*'^ of Eeauport, at the diftance of four miles from Quel eck, but of other confider- able landed property in different parts cf tbc province, and likewiie of a confiderable perfonal eilate. But he had no acquaintance at that time with Mr. Du Calvet. His offer, therefore, of aflifting him on this occafion was the mere etfet^t of his companion for his fituation, and his indignation at the cruel and unmerited treatment he had met with, Hefaw that Lis liberty had been long ago taken from him withoutany known, or probable, caufe, and that his health had been greatly impaired by the length and unneceflary hardftiip of his im- prifonmcnt; and hj nov^r perceived that his enemies were likely to bring about the ruin of his fortune alfo, by caufing hi^ effcdts and lands t 197 3 lands to be foJd by Audlon, by virtue of a writ of execution, at a time when it was not likely they would go for ha^f their value. He offered, therefore, to alfjH- in protecting his fortune againft his enemies, though he could not afford any proteciion to his perfon againft the unjuft imprifon- ment he was fufferjng under the viohiire of an aflumed military authority that was warranted neither by the laws of England nor thofe of the province. His offer was made in a letter to Mr. Du Calvet, dated on the 8th of February, 17^2, about a month after the writ of execution had bcea awarded againft hipi, which was as fol- lows. A Monjieur Du Calvet^ Ecuyery Monfieurt A Beauporf^ ce 8 Fevrier, ijSz, Monjieur Panet, Juge^ m'a dit que les per- fonnes qui avoient fait faijir vos biensy pro^ Jitant de vos malbeursy vous traitoient avec heaucoup de dureti\ — j^ue Monjieur LE'vejque leur avGit prcpoje Jix cents Jivres ccnnpiant, s*i/s youloifnf yous attendre pour le rejie a a [ 198 ] ce printemps • ce qu'ih n*avoient pas vou/u accepter qu' ii des termes trcs extra-ordi* naires. Monpenry ami que je n'ai pas Vhonnnir de V'US coi^n particulict emrnty vo(re iiaijfcince et 'votre ftuation me fuffifent pour dejircr de voMS rcndre f twice, Je vous ofjye en con^ fdquence^ pour le temps que vous 'voudrcz, les cinq cents livres qui *vdus mar.quenty et plus^ i*il vous le faut^ avec le fcul inthct j me fattant que vous ne me rejufercz pas les jureth convenables : votre delicateJJ'e m* eft aujji irop cemiue pour tietre pas ajfuri que vous me les donnerez» Si cela peut vous Jaciltter, je vous prie de m'en donncr avis j itant deter, nine d' ar-- reter ma /peculation de bled pour vous etre utile : ce que je vous prie de mettre a Pepreuve. y*ai Vbcnneur d'etre, avec autant de con-^ fMration que d*ejllmey \i ■' ; f Monfieur, Votre tres humble, €f ires oheijjant ferviteury Juckereau DuChefnay, I ■■'.. ;■, [ ^99 ] By this generous offer of Mr. Du Chef- nay, and the friendly afliftance of Mr. L'Evcfque, Mr. Du Calvet dlfcharged th© remaining funi of io6]l. *:s. a^d. that was due to Mr. Rybot, according to the agree- ment of the 6m of December, 1779, and avoided the neceflity of having hk lands in the diilrid of Montreal fcized and fold by public auflion, and for a fmall part of their value, by virtue of tlie faid writ of execution. But he has not, to this hour, had the remainder of his old bills of ex- change and promifTory notes to Mr. Rybot, (which amounted to about 2441/. flerling) delivered up to him, as Mr. Lees had pro- mi fed him he Hiould have in the courfe of a few days after figning that agreement. And, though the injury his fortune had received by the proceedings of the courts of ji'.dicein the province, (that .-, of the Court of Common-Pieas at Monireal, and the Court of Appeals, or Council of the pro- vince,) which have been above related, vva$ not ^7///t' fo great as i: would have been if the frienddiip of Mr. L'Evciquc, and the gcnerofity of Mr. Du Cheihay had not inter- vened to prevent the laic of his landed pro- perty by mean; of the faid writ of execu- tion, it yet has been greater than will rea- * dily be conceived. For at the time of his bein^ arreiled by Captaiii Laws iii Septem- ber, f'. [ 200 J ber, 1780, fic had goods and mercliandlze* in his warehoufes at Montrcid to the value of more than 6400/. ftcrli ag, according to the prices they might then have been ibid for; namely, 1^. 1200 minots, or French bufhcls, of fait, which were at that time worth 1 2s, and 6J. Halifax currency, per minot, which makes the fum of 750/. Halifax currency, or 675/. fterling. 2**'y. 1628 minots, or French bufliels, of flour, which at that time might have been fold for half a guinea per mi not, making the fum of 814 guineas, or 854/. 14s. fterling. And 3*^'y. Other goods and merchandizes alfo at that time in his warehoufes at Mon- treal, of the value of 5525/. Halifax cur- rency, or 4972/ los, fterling ; which, ad- ded to the two former fums of 675/. and 854/. 14.C. flerling, makes the fum of 6402/. 4J. flerling. Thefe goods were, upon his being ar- refted and imprifoned in September, 1780,- in the manner above-related, partly llolen and plundered, for want of his prefence to take care of them; (none of his friends daring '^t that time to exert themfelves even in the defence ■Ml '. ^ [ 201*] defcnfc of his property, for fear of becoming obnoxious to the rcfcntmcnt of the Govern- ment, and being imprifoned thcmfelves in the fame manner as he had been, upoa fome fufplcion, or pretence of a fufpition, of favouring the revolted Americans. So great was the terrour that was thjii fpread throughout the province by the arbitrary and violent proceedings of the Governour j as will appear jrefently from fome letters, or extracts of letters, written at this time by men of the mod rcfpcdtable charader in the province. And tlic other part of thefc goods and merchandizes, which were not fo plundered, funk afterwards very much in their value by the importation of great quantities of the like goods into the province, and other fuch cafual events, and were fold from time to time, by publick audion, by his friend Mr. Du Mas Sai?it Martin^ of Montreal, and Mr. L'Evefque above-mentioned, by Mr. Du Calvet's diredion, for his ufe during his imprifonment, and to enable him to make the firft payment above-mentioned of 1061/. 3^. 2\d, llerling, to Mr. Lees in Oc- tober, 17B0, and to pay Mr. L'Evefque fome part of what he had advanced for Mr. Du Calvet towards paying the fecond fum of 1 061/. 3^. 2\d, fterling, which was paid to Mr. Pavifon, (the partner of Mr, Lees,) C c in ^S ,.J [ 202 ] • in the fpring of the year 1782. And the whole fum arifing from the fale of all thefe goods (after the aforeiliid plunder of a part of them) amounted to only 2000/. Halifax currency, or 1800/. flerling ; though, (as has been already obferved) the value of them in September, 1780, (before any part of them had been flolen) was above 6400/. fterling. So that Mr. Du Cal vet's imprifon- ment occafioned him to lofe upon thele goods no lefs a fum than 3600/. fterling. It has been obferved that, when Mr. Du Cal vet was arrefted by Captain Laws in September, 1780, his warehoufes were plun- dered of a confiderable part of the merchan- dizes then contained. This was in part owing to a fudden and violent illnefs with which Mrs. La Prife, his houfe- keeper, (who had the care of them,), was feized a f^vv days after the £iid arreft, and which con- tinued feveral months^ \ . During this time his fervants were under no controul, and did what they pleafed in the houfe, and were encouraged by the fer- vants of other pcrfons in the town of Mon- treal to be indifferent about the prefervation of their mafter's property, becauie, as thofe fervants afliired them, and as was ftrongly reported at that time by Mr. Du Calvet's cuemies at Montreal, there was no proba- bility [ 203 ] Mlity that Mr. Du Calvet would ever be permitted to be out of prifon again and to take polTeilion of his houie. The damage which Mr. Du Calvet's houfc and goods vilibly fuffered in the courfe of the two Of three firfl months of his impri- fonment, excited the indignation and coni- paffion of many of the inhabitants of Mon- treal ; and fome of them, who had occafiori to go to Quebeck about that time, men- tioned the matter, with proper expreffions of furprize and forrow, to their friends at Quebeck, and more particularly to Mr. Du Calvet's good friend above-mentioned, Mr. L'£ve£que, of Quebeck. Mr. L'Evefque, upon this news, imme- diately wrote to Mr. Du Mas Saint Martin, of Montreal, (Mr. Du Calvet's bed friend there, and who was god-father to his only child) to defire him to interpofe for the prefervation of Mr. Du Calvet's houfc and property in the bed manner he could, and as fpeedily as poflible. Mr. Du Mas had hitherto been afraid to take the leaft ftep in this bufinefs, and had never once fet his foot in Mr. Du Calvet's houfc fince his imprifonment, nor even ventured to pay a vifit to his friend Mr. Jourdain of Montreal, who lived near Mr. Cc 2 Du iq u u [ 204 ] Du Calvet in that town, for fear of being reprcfcntf'd iti a bad light to the Governour by the ir.ifchief-rnaking fpies and informers that aboundt'd in the province, and of being treated himfclf in the fame manner as Mr. Du Calvet. And, when he received this letter frrm Mr. L'Evefque exhorting him to undertake this friendly ofiice of fuperin- tending Mr. Du Calvet's property, he did not dare to engage in it without firfl: obtaining General Haldimand's exprefs permiilion fo to do. He therefore immediately wrote the two following letters, the one to Mr. L'Evefque, and the other to General Ilaldi-' juand, which he inclofed in the former and left urfealcd for Mr. I/'Evefque's perufal and opinion ; dedring Mr. L'Evefque, in cafe he approved of the letter, and not otherwife, to feal it, and dircdl it, and pre- fent it to General Haldimand. The Letter to Mr. L'Evefque was as follows : A Monjicur UEveJqtie a ^ehec» \\ McrJicur^ Montreal^ le 2j Decembrey 1780. Mvnfiiur Du Cahct doit etre toujour^ fer^ Juade que je J'uis Jen ami^ S'ii en a douiCy . . . et [ 205 ] €t s'H en doute encore, il ne me rend cer* taimvnerJ pas jujiice^ Lcs circonftances du temps n'ont rien dimlnue de mon amifie pour lui : elks lirrt fait jctdement que nou$ eloigner^ Jam nous dejhiir, y'ai 'penfe plus d'une fois d fa trifle JltU" (ition-y et je vous dirai que j'ai 7nis plus d'une Jois la main d la plume pour fah^e line application a fon Excellence y et lui expofcr le mauvais etat oil je crois que ies ajfaires de noire ami font dcpuis fa detention. Ivlais j'ai toiijcurs craint qii ime pareiile demarche^ qucique tres ju/ie dfins fon pri?2cipey n' at t achat fur moi ies yeux des detateurs et de ceux qui irouvcnt du crime meme dans Ies meilleures actions. Nous tl aimons pdnt qu'on nous epie^ et encore moins d y dunner le moindre fujct, . La maniere avec la quelle vous me parlez, ni er.hardit au point que fai fait une man* '■caife lettrc pcur fon Excellence, Je Fappelle mawvaife par Ja diBion : car d'ailleurs je crois le motif trh kilahle, Vous efi ferez le porteury f lous I'approwcez. La maniere dont elie fra rcpie, levera touts Ies ohjiaclcsy tu Ies laifjera Juljijicr, S'ils font leaves , pour lors lous me 'uerrcz rmdre rediement a Mon' Jiiur Du Cahet touts lcs Jervices qiCil doit attcndre '' mon i delimit ion a Nbliger, jfe connois le terrain : il Jaut lUipplanir avant ^ue fagijfc, Si favois le plaifir dctre avec ivus M [' 206 ] vous un moment, je crcts que je 'vous ferai convent r que ma d-marche eft tout- a-J ait h Ja place, Argm avoit cent yeux^ et no$ ennemis cnt miile^ Adieu, jujqu'a "cotre reponfe^ que fatten- drai aveg impatience^ et Juis, &c, Du Mas Saint Martin. P.S, FaiteSfje vous prie, mes Jinceres com* pliments a notre ami. Si vous jugez a propos de remcttre, cu Jaire remettre^ ma kttre d [on Excellence, vous aurez la compl(itfance d'y jaire mettre I'adreffe^ ^c. \t\ M .■;.i The letter to General Haldimand, which >yas inclofed in the foregoing letter t:^ Mr, Du Mas Saint Martin, was as follows. A Jon Excelleticej le General Haldi- ma?2cl^ Gouvernetir en Chef de la province de ^ebecy &^c. Mctijteury Du 7 JDecembre^ 1780, Vn di mes amis, homme d*une prohite re^ connue^ m' engage d prendre connoijfance des ajjdit c$ C 207 3 affaires de Monjieur Du Cahety conjointement avec lui, T^out ce qui regards les malhcureux affedfe Vhumanite^ J*ai une raifon bien le* gitime pour empccbery autaiit qu'il pent de- pendre de mot, la degradation et depirijfe-- ment des hiens de ce Monjieur, En tenant fin fils fur les fonts de bapteme, je con^ traSlai Vobligation de lui fervir de PSre, fi jafnais il en dtoit prive, Et, malgri cette folemnelle obligation, je n'ai rien Jait^ pour lui ', et je me declare ouvertement^ que je ne Jerai rien fans L' approbation de "cotre Excel- lence. Si ellejuge a propos de m^ honor er d'une reponfe, elle doit etre perfuadee qzfc je neferai que ce qu' elle me prefcrira, y'ai rhonneur d'etre^ ^c. Du Mas Saint Martin^ This letter was delivered to General Hal- dimand by Mr. L'Evefque : and it produced a good efrc(^. Foi, though the General did not condefbcnd to anfwtr it, he gave direc- tions to Mr Cramahe, the Lieutenant-Go- vernour, to tell Mr. L'Evefque that he might inform Mr. Du Mas Saint Martin, " that the Governour confented to his un- ** dertaking the care of Mr. Du Calvet's •* property at Montreal." And Mr. Cra- mahe did, accordingly, give Mr. L'Evefque this iWij; M^ ^ t 208 ] ttiis intimation by writing to him the fol- lowing letter. !A Monfieur UKvefquc^ a la Bajfe Vtlle. A ^lebecy /? II Deccmbfey 1780, une heiire aprcs pndi, Monfietiry Monfieur U General m'a fait icrire dans k moment par le Capitaine Mat hews ^ fin Secr^tairCy quil n'avoit point d'objeBion^ mais flutot fiuhaitoit^ que Monfieur Du Mas Saint Martin fe chargedt des affaires de Mon/ieur Du Cahet, et a dd/lrj que je vous le fiffe fgavoir ^ dont je nCacquitte par la prefinte. ■'I- \m jf'ai I'honneur d'etre^ avec beaucoup d'efiime et de eonfiideration^ Monfieur^ Votre tres humble^ et tres obeiffant Serviteur^ H, T» Cramabh nnd . t 209 1 After the permiflion io given by General Haldimand, Mr. Du Mas Saint Martin went to Mr Du Cal vet's houfe at Montreal, to exaniine the ftate of it, in the beginning of January, 17B1 ; and he found every thing in great difordcr and confufion, and great part of the furniture of it miffing, and Mr. Du Calvet's only child, a boy of about fix years old, in a moft ragged con- dition, without fhoes or linnen, and in a weak ftate of health, arifing from the hard- fli ips he hi^d undergone by being deprived of the accommodations and conveniences which he had been ufed to while his father had been in the houfe. Mr. Du Mas ordered the child to be pro- perly clothed and fed under the direction of Mrs. La Prife, Mr. Du Cal vet's houfe- keeper, and a few months after took him away from the houfe, and put him under tl^e care of Madame Du Moucbel, of Montreal, a worthy and charitable lady of Mr. Du Calvet's ac- quaintance ; and the child continued with her, and was properly attended to, during the whole remainder of Mr. Du Caivet's iniprifonment, or till the 2d of May, 1783. And, to prevent further depredations on the furniture, and goods of every kind, con- tained in the houfe, Mr. Du Mas, fome D d montns Ji > n- t L 4 --• t tf* ' r montlis bftcrwards, that is, about March, 1781, difmilTcd all the fervants, and had the houfe Ihut up and faftened in the ftrongcil manner polTible. But this care was not liif- ficient to proted it from t'urther injuries : for it was more than once broke open in the night, notwilhil'anding the flrength of it's fallenings, (the doors and outfide (liutters being of iron) and robbed of fome of the goods contained in it. And no profecution or difcovery was ever made, or attempted to be made, by the magillrates, of the perfonb who had. been guilty of tiiefe robberies. When Mr. Da Calvet returned to his houfe in May, 1783, he, found that, out of ten beds that he hud left in it compleatly furniihcd, when he had btvn hiil there, in September, 1780, there was hardly bedding enough^ left to fit up a bed for himfelf to lie in, and not a hngle iheet fit for ufc, ncr a firgle napkin, or handkerchief, or tcwe!), or fliirt, (out of nnore than thirty dozen he had left there) or pair of flockings fit to wear, . or tea-cnp, or coffee-cup, fit to ufe. In fb©rt, he had,, vyhen, he left the houfe in September, 1780, a iloc.k of houlhold-fur- niture of every kind, linnen, and cloaths^ that -was worth ■ at icafc i 500/. Halifax cur- rency, or 1350/. flerlmg -, and, when he returned to it , in May, i7^^2> ^^^ found this , i'lowk fo fir 1 educed; asito be worth only 1 50/. Hali- :ii'fi:; ; [ 211 ] i " Halifax currency, or i 3 ^/. ftcrllnt; : fo tint his lofs in .this article of houfliolti fmnitiirc, linncn, and clonths, (which is quite dillincit from the former lofs in the gqods nnd mer- chandizes intended for falc, which have I5ecri above mentioned,) amounts tt^'about 12 15/. flerling. Of thcfe lofle^, thpugh not of the precife amount of tliem, fhe following certificate (which Mr. Du Cdlvet procured from fevcral of his neighbours , at Montrr;al) will afford an ample proof, v .> '' NcuSy fcus-fgnh^ dechrom par ccs prcfe?ifcs a touts ccux qu'il afpartiendra, qiiu'^cant Ui detention y ou emprifoiinement^' .ae Monficur^ Pierre Du Calvet^ iLcuyery negotiant a Mon^ treaU province de ^iebcc^ fa V'iaifin ctcit ires bien garni e en meublest hardes d fin ufage et d fa J ami lie ^ linge^ lit s garni s^ batterie de ciii^ fine^ et de tout ce qui ejl generakriicjit nkejfairc dans line menage. Ce qui, ejiime d une jujh laleur^ jormerqit une jomme conjidjrabie, ^' auJjitCt fa detention^ plus des trols quarts de ces manes effets ont difparu^ Jans pQwuoir en avoir aucune conmijfance, Ce qui efi une augmentation aiix pertes immenfis que Jd ditte detention lui a occajionees* D d 2 A m u |x ' [ 212 ] A Montreal, k 4 Juilld^ 1783. ^igni^ Du Mas Saint Martin, Ccuilhej J. IValker, Gamelin, Larthigue, LoUis Boul/ay, Samuel Roup, Jacques Vtger, Jofeph Fapineau, Loiiis Viger, - . i 'i \ '■'■ * ! \ : ' .1. While the furniture, and other valuable contents, of Mr. Du Calvet's houfe were thus plundered and wafted during his imprilon- ment, and in confequence of it, his houfe itfelf, (which was a very valuable one, that he had himfelf built at the expence of not lefs than 4500/. fterling) was every day lofing of its value, partly from the injury it received by the attempts that were made upon it, and partly from the want of the neceffary repairs which it would have received at the proper times if Mr. Du Calvet had been living in it. The damages ariiing to Mr. Du Calvet from thefe caufes have been eftimated by {kilful workmen (whom Mr. Du Calvet cm- ployed to examine and furvey the houfe in July, 1783, after his enlargement from prifon) at the fum of 10905 French livres, or about 500/. I.f! [ 213 1 50o/. Qeillnp; T!ic certificate they have given him upon this fubjcdl is as ibllows. * L'an mille, fcpt cents^ quatre-'vifigtSy trois^ ic quatorze yuillcf, avant miiii ; a ia rcqui^ Jition de Monjieur Pierre Du Caket, Ecuycr^ NouSy fous-f.gnes^ Ant nine J an fen ^ La Palmey et Jean Bnptijle Cerate^ Rntrc-pre" neurs de Mapnnei Pierre Pufa et Amable Perrot, Maiires' Cbarpentiers ; I Raitnond Fabre et Pierre Marin^ Mattrei Menuijicrs ; Touts de la viile et Jaux-bourgs de Mon* treat f y demeurant ', Certijiom a touts qu'il appartiendra, four etre tranfportes au domicile de Monjieur Du Cahetj fis en cette ville^ pres la chapelle Notre Dame de bon Secours^ pour y conmitre des degatSy derangements^ dommagesy ou^ plutot.^ ruine^ faits en touts jes bailments durant k long efpace de temps que le dit Sieur Du Cahet a etc dele?2U prifGn?2ier d'etat a ^e- bee. Ap res y ,1 \\ \ I >f« 11-: fit [ 2H ] /Iprcs un tuur examerit la vljltc csaBe de touts les ficpartemcnts dc chaque batimcnt^ du fond an conible : Nous difonsy an micux dc mtrc connotjfanccy ct Juivanty chacun^ noi lumiercs : PremtVremenfy ^ie k ddgat fait a la yia^omiey faute de reparation en Julion convenahlcy doit ctre cjlimc a Li Jomme dc qnatre miiky cinq ccnts^ i crcSy cu fijelihs aticiens, ejlimation du CGurs d\) prejent, • ^ccondcmenty Tour cc qui cjl des charpcntesy plat funds, foli^jcauXy et cou" iiertures en hardeaux-, le tout aSluelk-r vieht ecrculc : la journiturc des cloux comprife : nous efiiuotis ce dommage d quatre mi lie y Jtx cents livres, oujhilinSy Ircifi^mement^ evfin, pour ce qui con- cetne la inenuiferie, les couvertures "^aites en planches ct madriers em- bouffetesy les planchers, et autres repa^ rations de meniiiferie ; Nous en evalu- ens le dommage a la fomme de dix-huit cents^ cinq /ivres, ou JbelinSy — V Livres 4500 , ) 4600 1805 Domvidge general 10905 Ce r t 2,5 ] Ce que noust fous-Jignes, ccrtifionSy en fioi amcs et confcie/ices, "jcritablc. A En foi de quoi nous avom clonnJ ces prJ^ fcntes pour fervir et valoir ce que de rmf.n ; ct Ics avons Jignees a Montr Jal les Jour ct an Jufiiits^ a r exception du dit Amable Perrot ct du dit Pierre Ro/a, qui (Tnt fait leurs marques ordinate cs^ declarant nejj^avoirjigner, requijition et lecture Jaite, I V, •, tfU I Antoifie Jatifoji, La Pal;jie, Bap(ijie Cerate ^ Sa Pierre -(" Rofa, Marque. Sa Amable -^ Perrot, M-Vijue. Raimond VabrCy Pierre Marin, But, to retiira from thefe damages, arJfing to Mr. Du Calvct's property from his long imprifonment, to the imprifonment itfclf, Mr. Du Calvet, finding that all his applica- tions to General HaldimAnd for relief from his unhappy fituation, by either bringing him to a trial ; or permitting him to find fureties for his good behaviour, with bonds of his uwa to aiiy amount j or by twiking all his goods and ii [ 2l6.] and. merchandizes, and even his landed eftates, into the poiTeffion of the crown, as a fecurity for his good behaviour, allowing him only a reafonable part of the yearly produce of tbem for his maintenance ; or by permit- ting him to go England, where it would be out of his power to aflift the revolted Ameri- cans in any attempt againft the province of Quebeck, if he had been inclined to do fo ; or even by fending him to England, as a prifoner, if his Excellency fliould fo think fit ; — I fay, finding all tlicfe propofals rejec- ted, and that there was no appearance of his being releafed from his imprifonment by the juflice, or humanity, of General Ilaldimand, Mr. Du Calvet refolved to apply for redrcis to his Majefty's Miniders of State in England, by whom (from all that he had hear'd of the great regard paid to the preferyation of perfo- nal liberty in England both by the laws and the pravftice in purfuance of them,) he thought it was almoft impoffible that his complaints Ihould not be attended to. • For this purpofe he difpatched Mr. Lewis jufrome, a young man of Montreal, (vvhofe lider he had married,) to England in the month of Odober, 178 1, who arrived there in the December following, after being fhi])- wrecked on the coaft, and efcaping with dif- ficulty to land with only four other pe«fons, out of about fifty, that were on board the veliel [ 217 1 veiTel when It was lofl. Mr. Juflbme went immediately to London, and waited on Lord George Germaine the Secretary, of State for America, (now Lord Vifcount Sackville) to acquaint him with the treatment which Mr. DuCah'et had received from General Hal- dimand, and the endeavours that had been ufed by himfelf and his friends to obtain his liberty ; to wit, by deliring that he might have a trial for any crime that they fup- pofed he might have been guilty of; or, in cafe that was not judged convenient, by offer- ing to become bound to his Majeity in any fum of money for his good and peaceable beha- viour ; or by furrendering up into the hands of Government his whole property, realaswell as perfonal, to anfwer for his conduct during the remainder of the war, if that Hiould bc5 judged necefTary; or by any other expedient that Governour Haldimand (hould think iit» that might be the means of procuring him his liberty, and thereby of preferving his life, and enabling him to recover, in fome degree, his broken itate of health. Lord George Germaine, when he heard the liory, expreil'sd his furprize and indigna- tion at it in the ftrono;eli manner, and laid that he would immedi-iteiv write to General Haldijiiaiid upon the fubjedl:, and lend him an order either to fct Mr. Du Calvet at liberty, or bring him to his trial, as the law directs, and that he would likewUe procure an order E e from u from his Majcfly to Mr. Livius, tlie Chief Juflice of the province of Qucbcck, (who was then, and is flill, in England. ) to fet out for Qucbeck without further del.iy in the tlect that was to fail for that province in the follow- ing fp ring, 1 78 2. A few months after tliis Lord George Gerinaine quitted his o(hce of Secretary of State for America, and was fucceeded in it by Mr. Vv'ellbore Ellis, who gave Mr. Tuilbnie the verv fame nllurances that had been tnven him by Lord George Gcrmaine, and told him that Mr. Liviur., the Chief Juftice of the province, had adually received his Mi'jelty's orders to return to the province immediately, and that he would receive par- ticular direj^Hons to inquire into the affair of Mr. Du Calvet, and determine it according to law. And Mr. Juffome w.is affured on the very fame day by Mr. Livius himfelf, that he was then preparing himfelf to return to Que- beck by the fleet that was foon to fail for that province. Upon thefe aflurances Mr. Juffome hoped, that his voyage to England onMr. Du Cal vet's account would anfvver the end for which he had undertaken it, and that Mr. Du Calvet would be fet at liberty in the fpace of a few months, or in the beginning of the fummer 1782. And in this hope he returned immediately to i I 219 ] to Quebcck, where he arrived the lafl day of May, 1782. When Mr. Jufibme liad quirted the province: in the prececdin^ month of Odobcr, ly'U, to go to Engliiud, he had done it openly and regularly, with a licence, or pafs-port, duly obtained at the oliic e of tlie Secretary of the province, in confequence of having procured two perfons, in the province, to become his fureties, or bail, to anfvver any debts tliat he might owe in the province, according to the ordinances of the province made in that behalf. And this licence, or paf--port, had been, or, at lead, ought to have been, re^i- flered in the records of the Secretary's oii:ce. There was not therefore anv room for cenfure en his faid departure from the piovince. Yet it had given great difgult to General Haldi- mand, who dia not care that any account of his proceedings in the province fliould find its way to England. Of this difgui]: he gave a proof in a converfuion he had with Mr. L'Evefque, (the iTiend:)er of the Eegiflative Council,) on the evenip.g of the 23d of Ja- nuary, 1782, in a publiclv company at his own houfc, the Cadle of Saint Lewis at Que- bcck, in which converfatlon Mr. L'Evelque had made fome application to him in favour of Mr. Du Calvet. E e 2 • The ( 220 ) The General exprciTed himfelf with great bitternefs in fpenking of Mr. Du Calvet with refped to his hivv-ruit above -mentioned with Mr. Rybot, and the writ of execution then jufl ifllied againiL hir, goods and lands; and then added thefe words -, ** And he has fcnt *^ his bcother-in-law to England. What is he to do there ? His roinir there is an of- fence for which he defcrvcd to be arr:iled and put in prifon : and I could, if I h:id pleafed, have had him arrefted 3" feeming, by thofe latter words, to be forry that he had not done fo. €< ft CC it *( It €t <( Mr. L' Evefque replied, ''That, no doubt, his Excellency might, if he had fo pleafed, have had Mr. Juflbme arrefted; — That nothing would have been eniier j a^jd that he was perfuaded that Mr. JulTomc would, •* of his os\n accord, have furrendered him- felf, and gone: into any prifon his Excel- lency ibould have appointed for him, upon the It aft ipiim^tion of his Excellency's pleuiure to that eFfcift : but that it was alfo to L>e obferved that (as his Excellency ** had not thought fit to hop him,) he had ** quitted the province in the mod publlck *' and rcgiilar manner, with a lictnce or pafs- *' port, from the ol^ce of the Secretary of *' die province, after giving the fecurities re- *' quired by the ordm mce made on that fub- ** ject i and that Mr. Du Calvet had fent over by a It ♦ « m t a2i 1 ?rcat Ith Ivet with ncd with :ion then nds; cind has lent What is is an of- 3 arr.lled if I hod fcejiiing, at be had no doubt, b plea fed, ij— That a4jd that ic woidd, red him- is Excel- im, upon cellency's at it was xcellency ,) he had fl pubhck :e or pafs- :retary of arities re- that fub- 1 fent over ■' by •* by him the papers and documents relating ^« to his law-fuit with Meflieurs Watfon an3 *' Raflilcigh, which was carried by appeal *♦ before the King in Council.** But General ITaMimand was not fatisfied with this account of the purpofe of Mr. Juf- fome's voyage to England, but fuppofed, and with rcafon, that one great objed: of it mufl: be to lay before the King's Minifters of State in England the treatment Mr. Du Calvet had received. And this difguft and refentment againd; JufTome for i dertaking this voyage, continued ill JuHl'^c's return into the pro- vince in tne laticr end of May, 1782. For, though it is never cullomary, when a perfoa who has quitted the province with a pafs-port, rcturns into it, to require him to produce the pafs-port by the authority of which he had gone out of it, (the whole objeafs-port, which, as has been obferved, was not ufual,) yet was fortunate enough to have it about him in his letter-cafe, and immediately produced it to Mr. Genevay, who took it and carried it in to General IlaU dimand, and then came back and returned it to Mr. Jufibme, and i^\id thefe words to him J *' Fqus etes hcureux d' avoir *votrg pajfc- ** port 'y' that is, ** You are very fortunate to ** have been able thus to produce your pafs- *' port;" intimating, (as Mr. JuiTome un- (Jerflood him) that, if he had not produced his pafs-port, he would that iniianthaye bcer^ fent topiifon. It is probable that, as it was known that Mr. Jullbnic had been fliip-wrecked on the coaftof England in his paiiage thither from Quebcck, General Haldimand might fuppofe that he had luii his papers on that melancholy occafion, and his pafs-port among the rell. And in truth that accident had happened for a time; the port-manteau, in which his pa- pers were, having fallen into the fea. But it t 223 ] it was afterwards drawn up by a fi(herman irt his net from the bottom of the fea in fliallow water near the fhore, beyond his hopes or ex- pedations. And to thi^ very lucky circum- ilance he owed his efcape from being iinpri- foncd, upon the occafion above-mentioned on the 3d of June, 1782. In the following month of July, 1 782, Mr. Juffome prefented the following petition to General Haldimand in behalf of his unhappy relation Mr. Du Calvet, defiring for him, what had fo often been delired before, to v/it, ** that he rtiould be either brought to a trial, or fet at liberty, at lead upon bail, or permitted to go to England," and mentioned the affurances of this kind he had received from his Majefty's minilters in England. Prcvincc dc £iiicbee. Requele d& Louis ywjfcme a fan Ex- ceilc7ice k Genhxil Frederic Hal- dimand^ Goiiverneur e7i Chef de ¥c. &c. cette province^ SuppUe himihlement Loicis Julfome, ^'il plaife a "voire Excellence perimttr£ a Juiy fupplicinf, de incttrc jous Jcs yciix la filu^ ation MNM ^k t 224 ] iltton critique de Pierre Dii Calvet^ Ecuycry un da notabki citoycns de cette proijince, Lori de fa distention occajionnee par la ja^ hujie de fes emiemis, et non par dcs caufcs aux quelles le dii Sieur I)u Cahet auroit donne lieuy le prifonnier fit le^ demarches qztil crut neccjfaires pour ohtenir de votre Excellence Jon tHargijfemetit fom cautionnement^ en lui donnant communication de la -cauje pour laquclle il etoit conjiitu^ et detenu prifonnier. Routes ces d-marches itant infruElueufes, le prifonnier fe dkida a [aire partir lui^ reprj- fentant^ pour Londres, pour obtenir un jugc- nient en cette province^ ou un elargifjement lou;^ cautionnemeHt. La rcprcfentanty a [on arrivee a Londres^ obtint une audience de my Lord Georges Ger- maine -, qui, fur le detail que fit le reprejentant de la caufe de jon voyage^ marqua une ires grande furpri/e du deni de jtflice. Sa Seigneur ie dit alors qu'il hriroit a mtre Excellence a ce fujet, et que ordre feroit immediatcment donnc a Vhonorable yuge Livius pour partir dans la jiotte pour cette province, Monfieur Ellis rempla^a fa feigneurie en qualiie de Secretaire d'Etaf, Le reprefentant cut plufieurs entretions avec fon honneur ; qui, apres s'etre injorme de toutes ks circoJi/iances de Xiicr. I 225 ] de Temprifonncmcnt du ^ieur Dti Cnhrfy fit la, me me rcponfe qu avoit J nit fa Scigiv -trie, Le 16 Mars fon honncur rc-itcra a lu:, re* prefentanfy que le Ju^e Livius etoit or do fine de paritr avec la Jiotte^ et qiiil jiroit muni d'ordre fofuif pour connoitre de la dttenlicv du Sieur Du Cahet. Lt me ne jour lui, rcpre-- f cut ant f eut rhonneur de voir Monfieur Livius^ qiu ltd dit pofitlvement qiiil Je preparoit a partir, par la fotte, Le Reprefentant,, fur d'ajjurances auffi pcu equivoques^ n hejita pas de fe rendre er, cettc province y fe flattant d' avoir remp/i Vdijet de Ja mijjion au dejir de fon conftituant^ Le changement de minijlere paroit avoir altere les difpcfittons anierieureSy putjque le "J'lge Livius nejl point en cette province^ et qui I cjl .clair qui I Jiy viendra pas ; puijqu en outre il ne paroit pas que voire Excellence ait re^u aucun avis au Jujet du Sieur Du Calve t. II nc paroit pas Jion-plus que les a5fuels Se- -cref aires d'Etat Joient inj omits de la deLcntioti du dit Sieur Du Calvct, li nejt pas douteux i^uils 7ie pouvoient point deviiier ce qui ne leur a pas eie reprejenti. Car il ejl bien ajjure que my Lord Shelburne {de ^ui le dit Sieur Du Calvet a lljonncur d'etre connu) Jt fa feigneurie iivoit f^u le trijle it at oil il etoit detenu prifon- nicr^ auroii certainement ecrit a fon Excellence F f 'c dc ill que cclk dajji' ciei r rcfpcc- r fotffre al de J a iberte et idojinee ; nines par itfupplie Oft, La entiire \ r^fentant c Pierre xcelience dit puijfe detention copie du njequence cufation Oiit pro- 'mijfaires en fin mformite J)ans C 227 ] T)ans le cas quil ne plut p.u a votre ExCeU lence accorder a lui, reprefentant tant en fon mm quau mm du dit Sieur Pierre Du Caivet, les conclujiom cy-deffits ; le repr^Jentatity tant en fon mm quau mm du dit Sieur Pierre Du Cal" vet, conclud, a ce quit plaife i) 'voire Excellence ordonner Velar gifj'ement du dit Sieur Du Calvet fous tel cautiont2cment que Jon Excellence^ trouvera convenable pour Ic bien du J'ervice de fa Ma-- jejie. Et aujji dans le cas ou il ne plairott ^ votre Excellence accorder une ou aucune des conclufions prifes cy-deffus ; le Rep^ijentajify tant en fin mm quau mm du dit Sieur Pierre Du Cahet; conclud, a ce qu'il plaife a voire Excellence accorder au dit Sieur Du Calvet fuus un cautiormement quelconque^ la liberie de parti r pour I* Angle i err e dam tel bdtiment qu'il plaira a voire Excellence'^ et meme en qualiie de prifinnier^ Ji voire Excelloice le jiige a prcpos* Le "kepr^fentant efpere^ qiCil plaira a voire yixcellence confide rcr fes ires humbles repre» Jentatiom fous un point de vue favorable, XJn allie^ cher par fon alliance^ par fes moeurs, devient encore plus inihcffant, quand il ejl en proye a la malice de fes tnnemis, Vn Stranger rcgardc d'un ceil humide une auJji irifie fituation ; — un citoyen a deux doigts de fa perte 3 — une fortune brillante^ dont d F f 2 peine i !' ftilittViT'-ir^^nftB '[ 228 3 fcine on af'pcrcrjit a prcfent qvhuci debris ; — une Jiumlle erra?ite, Lc U( prcfent ant ne pent ilonc li'hfirir ce jpcclock ci'nn ceil fcc\ ni relief dans Vttuiilicn. 11 el per e qu'ii plaira Pi votre i'M'clieficCt et fupplie qu'il lui plaifs recorder a lui, i eprcjeniant^ Vhe ces conclu" Jior.s prijes iia?is Ja ires humble rcprcjc?!- tation, De votre Excellence Le trci humhh\ et trh oheiJJ'ant fet'vitcury Si Lciiis 'jujJ'Gmmc, A ^leheCy le 2j yuillet, 1782. To this petition General Haldimand re- turned no anlwer, though Mr. Juflbme waited upon him leveral times to know his Excellency's pleafure concerning it, and was as often told by his Secretaries (ior he was not admitted to the General,) that no anfwer would be given to it. Yet Captain Hamilton, the new Lieutenant-Governour, and Major- General Clark, as well as Mr. Alfop (one of the members of the Legiflative Council of the province,) and many other perfons of note in I 229 1 in tlic province, to whom Mr. Juflbm^ (hewed an cxadt copy of the faid petition, after he had [)refented it to the Governour, all told him they thought it a mod reaibnable peti- tion, and that it was hardly poflible for Ge- neral Haldimand to refufe to adopt one of the three propofals made in it, of bringing Mr. Du Calvet to a trial, or fctting him at liberty upon bail, or fending him a prifoner to Eng- land. So that this Swifs General (whom his MajeHy had appointed to the very important civil employment of * Governoor of the pro- vince of Quebeck,) by rejeding thcfe propo- fals, and continuing to keep Mr. Du Calvet in prifon in the province, carried his ideas of military authority^ and Government by will and pleafure, infteod of law, beyond even thofe other gentlemen of the fame profeiVion, who were born fubjeds of the Britilh Crown. When Mr. Du Calvet favv that this very reafonable petition made no impreflion on Ge- neral Haldmiand, and yet was generally ap- proved by eveiy other perfon who had ften it, he refolved once more to have recourfe to his^ Majesty's miniflers of flare in England, and, for that purpofe, to ftiid his brother-in-law^, Mr. JufTome, again to Er.gland. Mr. * QiJsere, Whether the apj' jintuient oi a foreigner to this iuipcruiit civil oifice is wot cuniraty to liit i'^howini^ clauic iSil0Himttrmi!t ^iTt^una^ { 230 -] Mr. JufTomc accordingly prepared to re-^ turn thither without delay : but General Hal- dimand. j f t 5 ; ki MA. cbuTe of the famous Act of Settlement, I2 and 13 of XVill. iii, cap. 2. by which the Crown c/f EnnJand was fettled on the Princefj iSophia, ElciSlrcIs and Dutthefs Dowager of Hanover, and the heirs of her body, being Proteftunts ; to wit, " That after the faid limitation [of *' the crown J fhdl takecffctit. No pcrlbn born out of the *' kingdoms of England, Scotland, and Ireland, or the •' dominions thereunto belonging, (jflthough hi be natir- *' ralizcd or made a (lenizen) except fuch as are bom of «' Englifh parents, (hall be capable to be of the Privy *' Council, or u member of either houfe of Parliament, ^' or to enjdy any ojf.c:^ dr place of tru/}, either civil or " fnilitary-i 01 to huve any grant of lands, tenements, or *' hereditaments from the crown, to himlelf, or to any •• other, or others, in truft for him.'* The Stat. 29 Geo il. cap. 5. for enabling the King to raife a regiment conlifting of four battalions of or/c thoufand men each, to fcrve in America, (which regiment was accordingly railed, and called The Rcyal American Ri- ^intent) impowers his Majefty to give commiflions to fo- reign proteftants, to he officers in that regimenty or to t>c er^liritirs in A'nerice^ but not 10 be governour^ of provinces, or civil officui) of any kind. If it fhould be faid, that the above claufe in the Atl of Settlement relates only to offices in England and Ire- land, though the word^: of the claufe are general, it m^ay be obferved, in anl'wer to this remaik, that, if that had been undeiftood to be the cafe in the year 1756, when the above-mentioned ftatute of 29 Geo. ii. cap. 5. was pafled, there would have been no otcafion to pafs that adl of parliament to enable the king to give foreign proteftant's commiflions to be officers in that regiment, (which was to fer\e only in Amorka) and to be engjne(;rd in America. [ 231 ] dimand, hearing of his deCign, determined to prevent it, and for that purpofe ordered the Secretary of the province to refufe him a li- cence, or pafs-port. He neverthelefs, by a miftake, or the forgetfuhiefs, of a clerk of the fecretary's office, (for which the fecretary re- ceived a reprimand from General Haldimand,) did obtain one, and fet fail for En the Provoft- Martial of the army, (under whofe care and fuper-intendance, Mr. Du Calvet, and all the other prifoners that were detained in piifon by military authority, were placed,) to prefs him to intercede with General Haldimand to give orders, not that he (hould be fet at liberty, but that he fhould be put into another and more convenient and wholefome apartment in the Recollet's Convent, than that in which he had hitherto been kept, and fhould be lefs liable i.V [ 235 1 liable to be plagued and tormented by the in- Ailts of father Berre, the CommilTary, or ouperiour, of the faid convent above-men- tioned. This letter Mr. Prenties fliewed to General Haldimand on the 19th of November, 17^2 ; and General Haldimand (hewed it to Major Henry Caldwell, who happened to be at the Caftle of Saint Lewis, to pay his refpeds to the Governour, foon after Mr. Prenties had delivered him the letter. This Major Caldwell is an Irifh gentleman of good family, who has purchafed the large Seigniory of Point Levy, near Quebeck, on the oppofite, or fouth, iide of the river Sdint Lawrence, which formerly belonged to Ge- neral Murray ; and he is likewife a member of the Legillative Council of the province. General Haldimand expreiled upon this occa- fion an inclination that Mr. Du Calvet (hould be fet at liberty after his long confinement, and that fome decent method might be fallen upon to bring it about, without hurting his I^Gcneral IJaldimand's) honour. Major Caldwell, upon hearing the General cxprefs himfelf in this manner, was glad to feize an opportunity, as he thought, of ena- bling Mr. Du Calvet to procure his liberty. For (though he had no acquaintance with G g 2 Mr. «( « C( t 236 J Mr. Du Calvet,) he pitied his unhnppy fitua-* tion, and thought the treatment he had met M'ith very cruel and unjuft. As foon, there- fore, as he had finiflied his viiit to General HLddimand, he went to Mr, L'Evefquc, (Mr. Du Calvet's known and good friend,) and re- lated to him what General Haldimand had faid. He told him alfo " that the General " had refolved to fet at liberty Mr. Jautard, the French lawyer at Montreal, (whom he had kept in prifon by military authority ever fuice the fpringof the year, 1779,) •■* and other prifoners whom he named." And he added, ** that Mr. Charles Hay had been *' lately advifed to make another application *' to the Court of King's Bench for a Habeas *' Corpus, and to be either brought to a trial, '* or releafed by their authority, according to ** law 5 and that he had accordingly made *' fuch an application to the court, which was ** then fittmg; and that the court bad begun ** to take his cafe into confidcration; and that ** his fne^^ds were in hopes he would thereby *' obtri:n his liberty." From all which he c-Hcludcdj ** that Mr. li'Lv^^rque wonld do well to go aireclly to Mr Du Cidvet, and perfuade him to mo.!:e tlie fame appli- catirn to the Court of King's Be«ich, with- out lofs of tim'jj b^'to^e the feliion of that court was over, which was then drawing towards an end; for thathercidly believed General Haldimand would not now hinder *' the c< <( «c <( (< cc (( €< Tiltiniillirii-ni->mi.i twtBM I: r =j8 I folved to exert his beft abilities in doing juf- tice to fo important a caufe ; but not without taking fbme precautions for his own fafety, which here in England will be thought very flrange and unnecefTary. He was afraid, if he moved the court at once for a writ of Habeas Corpus to Mr. Prenties, the Provoft- Marfliall, to bring up the body of Mr. Du Calvet before them, together with the caufe of his being detained in prifon, for the court to deal with him as the law direfls, (which is the courfe which a lawyer here in England would have taken in a like cafe, without the fmalleft uneafinefs or apprehenfion,) he was afraid, I fay, if he had adled in that plain and downright manner, that he fhould not only have been immediately filenced by the court, but even expelled from the profcffion of a barrifter at law, or prohibited by the Go^ vernour from following that profellion any more. For inftances of the like treatment, of lawyers who had been obnoxious to the Governours, had been feen in the province. In order, therefore, to avoid thefe misfor- tunes, and acquire a previous permiflion from the Judges, to do his duty in this bufinefs in behalf of Mr. Du Calvet, he firft prefented to the court a fhort petition from Mr. Du Calvet (and which was drawn up by Mr, Du Calvet himfelf,) defiring the court to permit him to bring before them the hard cafe of his long imprifonment, and to employ Mr. [ 239 ] Mr. Ruflell, as his lav/yer, to fpeak before them in fupport of it; and dcming thern like wife to oblige the faid Mr. RulTell, before he entered upon the bufinefs, to take an oath before them that he would difcharge his duty to his client, Mr. Du Calvet, on this occa- fion faithfully and uprightly, and to the bed of his abilities. This was a very Angular flep ; but it was thought ncceflary to Mr. Ruflell's fafety, and it was accordingly taken. And the court complied with the requefts contained in the petition, and gave Mr. RufTell leave to make thepropofed motion for Mr. Du Calvet, and gave orders that hefhould be fworn in the man- ner jufl now mentioned : which was done ac- cordingly. And then, atlafi:, having thus pre- vioufly obtained the fapdtion of the court to his conduct, he, on the 21ft of November, 1782, prefented a memorial to them in the name of Mr. Du Calvet, praying a writ of Habeas Corpus to bring him into court, to be there dealt with according to law, and then opened the matter very fully and freely in the pre- fence of a very crowded audience, who . liftened to him with great pleafure and atten- . tion ; and fet forth in a very able manner the feveral ads of parliament, and other great authorities of the law of England, upon which . Mr. Du Calvet's claim of being either bronght .to his trial, or fet at liberty, at lead upon giving , I . ; 1 i nri w n i i ii i i n i ii MittaiMMM fa-'- ■ - ■ i nrr ««» )y , t 440 ] giving ample ball, was grounded. And tlii9 lie did, (as Mr. Du Calvet has been informed) with fo mur^ fpirit, ability, and ftrength of argument, an at the fame time related in fa jull and forcioie a manner thefcveral circum- Hances of unnecellary fevcrity that had atten- ded Mr. Du Calvet's imprifonment, and the various petitions he had prefented, and offers he had made, to General Haldimand at diffe- rent times, in order to obtain his liberty, that the whole audience were llruck with com- paflion at his misfortunes, and witli indigna- tion at the injuftice with wImcIi he had been treated, and were convinced that he was clearly intitled, according to the laws of England, to the relief which his counfcl prayed for him. The Judges, however, did not give him this relief, but took fix days time to confi- der of what they fhould do ; and on the lixth day after, (which was the 27th of November^ 1782,) Mr. Jenkins Williams pronounced, in the name of all the three Judges, their final Judgment upon the mat- . ter, which was a refufal of the writ of Ha- beas Corpus^ and a difmiffion of Mr. Du Calvet's niemorial that demanded it; Mr. Williams declaring plainly and publickly, •' that fince the eftablifhment of the French *• laws in the province m all matters of pro- " pcrt^ and civil rights by the adt of par- ** liament C( <( C( ' I' 1^ €( t( ,i«i'nri«)iinwiirnn«iiiiin»iiiniiiiiiiiiiii-fiiiiiiiwarTB.iivif inii.; "itWirtliii [ 242 I Laws, of the eighty fourth regiment, accom*" panied by another officer. That he was brought to Qucbcck, under of guard, and put on board his Majcl1:y's armed Ihip, the Canceatix, then in the river Saint Lawrenct; afterwards was put amongft a number of other prifoners, and finally (hut up in an apartment at the Recollets, where he remains in clofe confinement in thegreatell dillrefs, in the cuftody of a Mr. Miles Pren- ties, (who llyles himfelf keeper oi the pre- vot,) without being able to procure a copy of the warrant of his commitment, or to Jinow the caufe of his caption and detention, though he has made fre(juent application for that purpofe. That yeflerday, the twentieth inftant, your memorialift made two other applications to the faid Miles Prentics for a copy of the war- rant ef his caption and detention ; but was abfolutely refufed ; as in and by the annexed affidavit may fully, and at large, appear. That your memorialift is informed that the caption and detention aforefaid, and the retufalof a copy, of the warrant of commit- ment, are altogether illegal. And therefore he humbly prays that your Honours will be pleafed to award lus Maje- !i! f H3 1 Ay*s remedial writ of Hahcns Corpus iid Suh- jicicndum returnnhle immcdiatt^^ (lircc'ted to the lliid Miles Frenties, coiiimiindiiig liltn to produce, in this honourable court, your me- morial ill's body, with the day and caufc of his caption and detention, ad facicndanj, fuh^ j'.cicfidum, ct recipiendum, to do, llibmit to, and receive, whatfoever this honourable court fliall confider in that behalf. And that your honours will there-upon be pleafed to difcharge your memorialiiV, or, iii cafe that his accufers appear again (1 him, that he may be tried, or admitted to bail, or that he may beotherwife dealt with according to law. Signed, Robert RufTell, Barrifler at Law. Nov. the 21 ft, 1782. Quebeck. Court of King's Bench j province of Quebcclc. Perfonally appeared Mr. Jacques Le Moine, and Mr. Thomas Davidfon, of Quebeck, gentlemen, and made oath on the Holy Evangelifts, that yefterday, the twen- tieth inftant, between the hours of two and three of the clock in the afternoon, thefc deponents, in company with each other, H h 2 waited '> ^ %\ I t 244 1 waited upon Miles Prenties of Quebeck", keeper cf the Pievot, at his dweliing-houle In Pnlace Street, and then and there demanded cf him a copy of the warrant of the commit- ment ar.d detention of Pierre Du Calvet, Efq -Tire, now a prifoner at the Recollets ; which he, the faid Miles Prenties, abfolutely rei'uied to deliver. That afterwards, to wit, on the fame day, and between the hours of eight and nine of the clock at night, thefe deponents repeated the lame demand on the faid Miles Prenties i but to no purpofe; being refufed, as above. And the faid deponent, Jacques Le Moine, for himfeif further faith, i-iat the faid Pierre Du Calvet, Jifquire has been for a long time part, and is low, fliut up in an apart- ment at the Recollets under the guard of a cenunel at the door, (which opens to the faid apartment,) with a fcrew'd bayonet. And further thoie deponents fay not. Signed, Jacques Le Mcine, Thomas Davidfon. Sworn In Court, e- ral Haldimand, who faw his power placed by it above the law; and it gave equal pain to almofl: every other perfon in the province, except the General's immediate creatures and dependants. For it dilcovered to all the in- habitants of the province, ** that they were llives to the Governour's will and pleafure, inftead of being only fubjcdt to the law;" a difcovery that was equally difagreeable to the Englifh and the Canadian, or French, inhabitants of the province. And on the very next day after this decl- iicn. General Haldimand teltined his fatisfac- tion with Mr. Williams, the Commiilioner of the King's Bench, for pronouncing it, by creating a new office in the province for his fake. For he made him immediately his Majefty's Solicitor-General for that province, with a falary of 20o/, ftcrling, a year. It will be natural for the readers of this narrative to exped in this place an account of the reafons allcdged by Mr. Williams in fup- port of this remarkable decifion : and Mr. Du Calvct would be glad to ftate them, in juftice to the charadters of Mr. Williams and the other two Judges, if he was pollcfled of a written account of them. But this he has never been able to procure ; Mr. Rufiell, his lawyer, (who had lerved him with io much fpirit n.- t 247 1 fplrlt and ability on this occafion,) not ha- ving dared to give him fuch an account, for fear of incurring the difpleafure of the Judges^ who were unwilling that a copy of thefe rea- fons (liould be made out. He apprehended that, if he had taken a note in writing of thcfe reafons, and communicated it to Mr. Du Calvet, againftthe inclination of the Judges, he might very probably be prohibited by them, or by the Govcrnour, from ever again appearing in the courts of juftice in the pro- vince, in the charader of a Barriiler al Law. Though the decifion of the Judges of the Court ot King's Bench upon this application of Mr. Du Calvet for a writ of Habeas Corpus was fo pleating to General Haldimand, yet the application itfelf was not at all fo. On the contrary, it gave him great offence ; more efpecially wlien he perceived what a deep and general imprcllion Mr. RulfjU's able fpeecli on the occafion had made on iho- numerous and reipe'-table audience that heard it, and, through them, on the other iniiabi- tants of the tov/n and province j who all feemed to be convinced by it of the legality and reaibnablencls ot Mr. Du Calvet's de- mand, **of being cither brought to a trial, or fet at liberty," and alio to be ihocked at the full relation they h^id heard of the circum- itances r 248 ] fiances of unnecelTary feverity with which he had been treated. The mortification which the Governour felt from this effed: of theappHcation to the court, was but imperfedly compenfated by the fa- tisfa(5lion which he received from the decifion of the court in rejedling it. And his ill-hu- mour upon the occafion was fo great, that he determined to keep fome of his flate-prlib- ners ftill in prifon, whom he had juft before intended to fet at liberty ; as was reported on the 27th day of November, 1782, (the day on which the Judges gave their decifion upon Mr. Du Calvet's application to them,) to the Recollet Monks, at Quebeck, (in whofe con- vent Mr. Du Calvet was confined) by Mon- lieur Baby, a member of the Legiflative Coun- cil, that has been already mentioned in this narrative, and who was much in the Gover- iiour's confidence. *t €C << it cc 4t it <«' <( <€ ne(i In exadlly the {^n^c fifintio.' 'or rvar r.notl.cr month, or til! t-^;' 2 f l c^ Der''"n!KT, 17-2, when, -after a number or u^-.^r petition j to the Govcrnour in order to ohtain this f 'vjur, fome roidier? were err: ployed to 'cmove his bed into ^hc next ndjoining chnmber. And in this r :amber he continiK-d thirin,^ trie remainder of his impiifonment, which iall- cd till the 2d of May, 17S3. We have jufl: now ieen, that tl}c apj^^i- cation of Mr. Du Calvct to the Court of King's Bench in the province ibr a writ of Habeas Corpus gave G'^neral I-L )dinia:"id ^rei)t offence; and yet it was obfervtd a litrle be- fore, tha; this applicatjon took its rife frein the opinion which Major Caldwell ii:\d enter- tained (in confequence ov fome tavoumhle exprelTions of Central Haldimand towards Mr. Du Calvet in a converfation with Mr. Caldwell) tliat the General would not be forry to fee it made. Thcfc things f^rtni fomewhat inconfiftent : nor does Mr. Du Calvet know how to explain, or reconcile them, otherwile th^in by fuppohng, tint, if the General really did wiOi to iee fuch au .application made to the Court of Ki.Mg's Bench (as Major Caldwell thought he did, but did not abfolutely hear him fay fo) he muft have meant that it Ihould be ailccd of rhe court as a matter of mere i;racc and fa- I i 2 voui* ■ i T 2J2 ] vour, to be obtained of himfelf by the nriedi-* ation, or interceflion, of the court, and not as a claim of right, which could not juftly or legally be refufed' him. For the General has always (hewn a diflike to claims of this fort, and mnintained that his power was fu- periour ti) the fetters of the law. Mr. Du Calvct*s imprifonmcnt ended at lafl: on the 2d of May, 1783, in the follow- ing manner. At about eleven o'clock in^ thp forenoon of that day, Mr. Prenties, the Pro- v<:vl:-martial, came to hini by the order of General Haldimand, and informed him, •* that he was no longer a prifoner, but ^' might leave his place of confinement ** when he pleafed ;" and at the fame time removed the centinel from his door. Mr. Du Calvet then defired Mr. Prenties to give him a copy of the warrant, or order, by the authority of which he had kept him fo long in prifon ; but could not obtam it. He then went away from his place of confinement in a very weak ftate of health to the publick houfe at Quebeck kept by Mr. Le Moine, and fpent a week there to endeavour to re- cover ftreni^th enough to return to his houfe at Mcntrcal ; for which place he fet out on the 9th of May, and arrived th^re on the J 2th. His t ^53 1 His long imprifonment in a nafty and un^ wholefome place, and the uneafinefs of mind that had accompanied it, had greatly injured his health, and brougtit on a continual flow fever ; which obliged him to have recourfe to a Mr. LarthiguCf an eminent Surgeon at Montreal, for his advice and afliftance to re- move it. This gentleman attended him, and put him under a courfe of medicines for that purpofe, which continued from the 13th day of May, 1783, (the day after his arrival at Montreal) to the end of June. The weak condition in \ \l \\ he found Jiim is exprefled in the foU )wjng certificate, which he gave Mr. Du Calvec on the 4th of the fgllowing month of July» y^, fous-JlgnSy certifie a touts ceux a qui il apfartiendra^ avoir etc appelU aufjitot Far- rhee de Monjieur Pierre Du Cahet en cette viliey forfajit des prifom de ^ebec : et declare V avoir Joigne et medicament^ depuis le trcize de Mai dernier jufqu a la Jin de JuiUy aujjl dcrfiier ; ayant un epuif^ment conjiderable oc- cajionne par une fie^cre interne^ qui le confumoit^ ct qui prGvencit de la privation de I' air et de fa tongue captivitL En [ ^54 ] En foi 4e quci fat Ji^ne le frefcnt pour Jervir et i^aloir a telle Jin que de mijon, 4 Aiontreal le 4 Jidlleti ij'^Z* Sigm-, Liirthigue, i 1 "Nous, Cojnmljfaires de Talxy Ecuyersy du dijiritl de Montreal, certificns, ^e le Sieur Liirtbiguey qui a fi^ne le prefent certificate eji Chirurgicn^ et que Joi doit etre ajoulee a tout ce qu'il fgne en cette ^ualiiL A hkutreal^ le 4 Aoiity 17^3. Bigni^ Pierre ForejVter^ Commijaire de Paix, By the care of this Mr. Larthigiie Mr. Du Calvet was cured of the flow fever men- tioned in the foregoing certificate in the fpjce of about fevcn weeks. But his heahh is lliU but weak, and, he apprehends, will pver continue fo, his conflitution being broken and deflroyed by the length and leverity of his confinement. As foon as he was releafed from his im- prifonnient, he refolved to come over to England, partly to endeavour to procure feme redrcls for the unjufl treatment he had received from the king's gcvcrnour, and partly to avoid Lcin^^ cxpoftd to a repetition cf the like pour ^ieur t 255 i like 111 treatment ; ns he would have becii^ if he had continued in the province. He therefore went on the 9th of May, (the day on which he fet out from Qucbeck on his return to Montreal) to the fecretary's oHice at Quebcck, to give in his name there, (ac- cording to the ordinances of the province made upon that fuhjcd) as a perfon who intended flxortly to leave the province. This ftep was nccefTary to intiMe Mr, Du Calvet to a par-^-port to go to England in (bme vellel that fhould fail from Quebeck. But foon after his arrival at Montreal, and about the middle of May, 1783, the news of the pieliminaries of the peace being figned between Great-Britain, France, and the re- volted Colonies, or new States, of North- America, arrived in the province j in con- feauence of which, many perfons obtained pafs-ports from General Ilaldimand to go into thofe revolted provinces, and fettle their com- mercial, or other J atrairs tliere, and many of the inhabitants of tliofe provinces came in like manner into the province of Quebeck for the like purpofes. And fuch a pafs^port would have been peculiarly advantageous to Mr, Du Calvet, and far more deiirable than a common pafs-port to go to England by fea, becaufe he had a clear and ftrong chi'ti to a confiderable fum of money due to hiiii from the Continental Congrefs for a large quiintity t 256 1 miantfty of goods, which their firmy, undei* the tx)mm2ind of General Arnold^ in their retreat froth the province of Qnchcck upon General Burgoyne's arrival in it in May, 1776, had taken by force out of his ware- houfcs at Montreal by order of General Ar- nold, and had given him 11 receipt for. The film due to Mr. Du Calvet or> this account was fomcthing more than a thoufand pounds, fterling j arid Mr. Du Calvet was greatly in want of it at that time, after the loflcs he had fufforcd in his fortune by the fteceffary neglecfl of his affairs in confequence of his long imprifonmcnt and the other caufes above-mentioned. He therefore defired his friend Mr. L'Evefque to apply to General Haldimartd for fuch a pafs-port to go into the neighbouring provinces ; which if he could have obtained, he would have gone iirft^to Philadelphia, to apply for the payment of the money due to him from the Congrefs, and afterwards to New- York, and from thence tvould have taken (hipping to England. Mr. L'Evefque accordingly applied to Gene- tal Haldimand for fuch a pafs-port -, but ne- ver could obtain one, though the like pafs- ports were granted every day to other people. So that General Haldimand appeared ftill to retain a dillike and refentment againfl Mr. ^ I [ 'S7 1 Dii Ciilvct, tliou^fji h;: 'lid not nny longer (now that (lie i-imlc wn". ni.iih:, ami pojltivcoi- ders had Iklm i'cnt h'nn by the r;cr;;tari^.. of flatc in J'ln^hind !>> I'.lcai'/ all th.t ll.iti; pri- loncrs in ihc province) think fil tu tuiilliiuc him in prifon. Mr. Du Calvct thercforo, lifjd'n;:^ that he could not olii.iin .i pai's-jiort to go Into titc adjoining proviiiccs, refolved to le.ive th-i pro- vince as fuOJi as pofTihle, by taking- his pwf- hgL'. for Engl.ind on hoard ihmc veilel at C^ieheck. And in this rclbhitif/n he went from Montreal, with his Con, on S;itnrday iho 23d of Auguil, 17H3, lowanl'^ Ojicbeck, in order to be ready to go on board the fjrll iliip that Hiould fet i'ail from thence for Engl;nd* He arrived at Quebeek on Tu^fday niornii:^, tarly, the 26th of Air^uH^ ^7^\^» and con- ferred with his friend Mr. L'Ev'.:i(|ue a'.)c;ut hiif departure; who advifeJ liim not to dd^^y itafingle dpy, ifpollibie, and told ium tl.ac 11 fliip had failed that very morning from the port of Quebeck for England, vv'hirh it was })robab]che might be able to overt;i;;e at her firll anchoring- place, if he could im.uf.diately procure a Hoop to follow lier vi, 'Tin^ ihip was a brigantinecrdled //^6' Tar/t^o/?, comn:an- ded by Captain Urow;\ 3 and there was (inly one gentleman from Canada tnat had goiij 011 board it as a pa\vcd to fjllovv ; and, accordingly took ^:uc hib pafs-port :d the iecretary's office \v;tno'it delay, and fct about procurir^g ii Doop lo CtWry him oft' with as much expedi- tion as poiTible down the river Saint Law- rence in order to cvertake the faid brigan- tine. By Mr. L'Evelque's afTillance fuch a fl;;op\vas procured about lo o'clock the fame nighf, and at ii o'clock Mr. Du Calvet and his fijn (a boy of nine years of age,) went on boan' it., and immediai^ly fct fail down the rive:- St. Lawrence in purfuit of the faid bri- iiantlne. Thev had the wind at lirfl pp-ainft them ', io thut ihe l':amc;i were forced to make vfc of their nirs to ip.ake any way. But about one o'clock in tlie morn'pg the wind changed it J.eir favour, and '.ney '.h^n filled on brillcly for about two hours, t d ibout 3 o'clock, wh'.n tl'^ey came up with Jia ihip they were in queft ci\ while fhe wi^^: lyinr^ at anchor at the fur- the~, .; ^ V er, end 01 tl'C Ifland of Orleans, ;u'd iin'nedlately w^v.r i i\ ^'-/u•d her, and, af- tcri- iomc littla difucultjcs made by Caj.>ta'ii B.o' !', (nhoin Mr Du Cah/et had not l^d time to apprize of his dcii,>n of being a prflen- gc .n hi^ ioip,) but which were umoved by the produ/li'jn ,)f his pals-port and by tlie tcrtimony of younfy Mijnihur d^ Lf his enemies in that town, in the manner he had been in the year 1771, (as li:',s been ab^ve related in this narrative, pa- ges t;jy 5' ,) that he thought it neccflary to hi\ e his arms placed on a table near his bed every r*;.^ht, arid a candle kept burning the wlioie nin;ht, that he might be ready to de- fend '•.iiiicir againli any fuch attempt. Nor were thel.. apprehenlions entertained without fome apparent ground for them, arifing from the general behavkur of the ibldiers towards him : For they every day, in pafi'.ng by his houfe in a body, and with beat cf drum, to m>^unt, or come oft, theirguaids, or to attend their roll-callings, made it iheir pradlice, (as they had done betorj in tlr- year 1774,) to march over hh galleiy in a nolfy, infulting manner, and apparently with a view to terrify him, ii.'ilead of marching quietly along the ftreet before the gallerv, as they did before the 3. Fmpn, Mofifiiur^ je fuis f fafiguc de rcjlcr i Mr be feus Ic poids. dc la tsriinnie de cc Gcu- 'vcrncur^ que jc fuls reflu^ a quclqu.: prix que tela JG^t^ de tne/i r ell very pour pafjcr d Lcn" dres ; pcur eJJ'ayer par les plus uclifs cfjortsji je poun al attelndre aux luix de la nation y que je reclame par bo72neu'\ pour obtenir jujlice die mon Injujie, criantey it horrible detention j laquelle doit etre re^ar^Je alujl aux ynix de touts honnctci Indhldus du genre bumain, ct da 'V [ 262 ] ilcs vat mis Jes moins dviiifir^ cu gloi-^. Vclut le fiijct ac mem 10) age. A Ctt e^ e* f ibundrjnne ici a la cupidiie dc tnes fiV'ic/r.is 'itft^ mes bieni-' fonds quelcovques', aujjl le rejfe du brigandage et du pillage de tries weiibies de menage quel- corqucs et en general 5 ainjl qu'une fntnme de 6f>95/. i8i. ^^. argent courant a'HollifaXj qui Jifcjl due far divers dans Ic prcxince, dorJ mon etiiprilonnement et les injvjliccs qiic j'ai f.uffertes font caufe que je perdrai les tf ois quarts. Je pars, je puis ie dire, pour tovte rejjource; pour ne pas rrjler efclave et expoJS a etre egorge chez mot par le premier qui imc^ ginercit un pretexte, ye pars, dis-je, avcc mon enjant pour toutc fortune, pour ne pa^ le laijfer expoj^ a etre la vi^imc de Nuiquite qu'on exerce ici, &c, . Pierre Du Caliet, In anfwer to a letter of Mr. Du Calvet, containinr^ ^he foregoing paragrnjJi, Mr. George iUM pp, (a member of the Legilla- tive Council of the province, ulio has beeu already mentioned in this narrative,) wrote to him as follows^ Para^ n«*ii -*J [ 263 ] Parn^rapbe c^'une lettre de Motif enr George Aiijopp^ Ecuyer^ a Monjieur Pierr$ Du Cahet^ du mois de Jnillet, 1783. Monjieur^ y'aurois 7'epondu a Phonneur de voire lettre ^ Ji je neujfe feu aes Ic lendcmain de fa rkep- iion que le GouVr^rneur Haldh^^and refufa a JMonJi.ur V EvejQUs njotre pernujjion dc pajjl-r par in houvi'tle Tork: par cojijc^iient il ejl probab'e que -cous pajjerez par ^/J/>ec ; d. myins que vms iiattendUz ie platftr de fun Excellence pour puffer par en-haut, Je fen^, commc on doit f nil r, Ic mal-tr at te- rn^ nt qu^' vous avez rccii j ct^ (ce qui eji re^ eliincnt irxomprchenfibiej il vaut mieux etre acludiement en rebeUim que d'etre fufpccf, fpit que les JGUpcons joient hi en ou mal place- s. Lc^ tie peut regarder ce que VGua avez foulfc't qu'avec u-i coeur plein de IJnignite. Fj 7- concluds en vaii fnuiaitant itne reparation i.ei torts anfijerablei que vouiavezfozfjer^s, &c. Sigae, George Sclp-nloi* of And Mr. Du CLefn.iy, the Jicauport abovc-mciuioiicd, in aalucr to a letter [ 264 ] letter of Mr. Dn Calvct containing likewiie the pr.rngraph abo"c-reclted, fent him a letter containing the frjjlowing paragraph. Tcragroj'he d\ine lettre de Monfeur 'Juche- reciu Du Chefnny^ Seigneur ce Eeaiiporty d^c. a Movficur Pierre Du Cahet, du 5 d'Acujly 17S3. ienic ,9Hr Mcnjlcur, C?2 ne tent que vous hAler du parti que '■jous frencz : jc lous [oubtiite tcutes fortes de prof" 'feritcs. J^ii ccnnjijjance des demarches des citcycns de Mc7iir^aL Mcis quelle pitie, que cedes quon fait a ir^iehec ! line grande par tie fini de '■^critabks iiioutons ; qui ne f^a^-cent que tindrc Ic cofy ct ne croire le ma I que qu^nd ils le fenfent ; ct une autre par tie ejl prete a tout Ji'crifer a kurs frcpres interets, — Voire a^aire regards tents les indi'^idus quelconques de cette pro^jince^ pcur Jl feu que fan "cciiiUe r^f^echlr. Car qui cji celui qui pent je dire en feurete chez lui, cypres a-voir tu de fes prcpres yeux tout ce que I' on vous a fait fcuffrir de la manic re la plus iJeakj fans qu'il vous ait ete per mis d'obtenir^ jujqu a cejour^ aucune jufiice t J^ef-- pere ce pendant, que '•jous vbtttndrez jujlice ^ Londres, Ou hieu^ fi on 7ie 'vous la rend point, on 710US regarde touts comme des efchrjes* Car le mal- trait erne ni que *vous a^jez recu, rejaillit Jur la prt'-dnce en general, Voila comme tcutes [ 265 ] totdes les honnetei gem dorcent Vcn^cifd* ger J ^c. ^ignc yucbereau Du Chefnay. Thefe letters fufficiently (lievv the ftrong fenfe the writers of them entertain of the ill- treatment Mr. Du Calvet has received in the province, and the claim they think he has tipon his Majefty's Minifters of State in En- gland for the exertion of their utmofl: endea^ vours to procure him aredfefs of his injuries. And he received feveral other letters about the £ime time from other gentlemen in Ca- nada, which all exprefs the fame fentiment3 as thefe. Since his arrival in England towards tlic end of September 1 aft, 17H3, Mr. Du Calvet has applied to Lord North and the Right Honourable Mr. Fox, his Majelly's late Se- cretaries of State, to defirc them to procure an order from hib Majefty to General Haldl- mand commanding him to come over to En- gland and anfwer the complaints which he and others, many others, have to make again (^ him. The grounds of his rcquell arc as fol- lows. General Haldimand, wliile he continues in" his government of ■■4^cbeck, cannot be filial in ihe courts of jui'rice of that province on accoiTnt of his hit^h di^niitv of Governoui- L t Of (^v Vy.^ N't [ 266 ] of it» which places him above the reach of law in that province where he repre- Icnts the King, in the lame manner as the Kinfj himlelf is above the law here in En- glaiul, or cannot be fued in any acftion of trcfpafs with effed, fo as to be compelled to pay the party grieved any damages that a jury Hiould allow him. Nor can General Haldi- mand be fued in the courts of juftice in En- gland till he comes to England ; becaufe the jurifdidion of thofe courts does not extend out of England. Therefore, unlefs the Ge- neral fhall come to England, the perfons who have received injuries from him in Ca- nada, cannot obtain legal redrefs for them ; but a fnilure of judice muft enfue. His re- queft therefore, " that the General may be ** ordered to come over here, fo as to be " within the reach of the laws and amena- " ble to our courts of juftice," is clearly founded on the principles of reafon and juflice. When the General fliall have received and obeyed fuch an order, Mr. Du Calvet will ceafe to trouble liis Majeily's Minifters with any further mention of his misfortunes, and will be iatifified with iuch a compenfation foi^ the loifes and injuries, of all kinds, which lie has fullered by means of General Haldi- mand, as an Englidi Jury, under the direc- tion of ail Englilii Judge, Ihall think proper to allow him. He [ 267 ] He alks no money, penfion, place, or other favour, from the government, but merely to have jufllce in the ordinary courfc of law, or, in the words of the King's pro- clamation of Odober, 1763, to all his Tub* jedls in the four new governments, then eredted, of Quebeck, Eaft Florida, Wed Florida, and Granada, the benefit of the laws of Englatid. Mr. Pu Calvet's letters on this fubjefl to Lord North and Mr, Fox, and Mr. Fox's onfwer, (for he has never received any anfwer from Lord North, though his bufinefs be- longed properly to his Lordfliip's depart- ment,) are (excepting that a few unimpor- tant paflages of the letters to Lord North have been omitted,) as follows. Reqiiete de Pierre Du Calvet^ Ecuyer^ (i f?.y Lord Norths Secretaire d'Etat, &c. My Lordy Pierre Du Cahet, iin des notables cito-jens de la province de ^lebec, jupplie humb'Ainent *u6tre Seigneuric de lui permetire de mettre feus fes yeux ) ^ue le 27 ^eptembrCy 1780, il fut arret e et conjlitue pri fonnicr fans caufe ni ruijon, far Vordredu General Halditnand -^et qu'ila e'e detenu injujlement dans la plus tri/le et ir.oiiie capti'vite qiCil fJJ pojfible d'cx primer ^ jiijqu'au L 1 2 2 de t 268 1 2 de Mai Jcrnicr, qn'il fut ^largt \ pcuis avoir jamais pu connoitre ni fi^avoir la caufe ni Id raifon dc fh dctcntio?t et emprifonneinnity ni cie I'm e'argi/lenkiit^ qiiclque demarche et voye jujie qu'il ait pit met t re en ufage, Ce qu'iljiif- tifiera par un me moire qiCil j'e propnfe de remettre en main a la confidcration de "jotre jeigneurie fous pen de temps-, aifiji qu'un compt'des dom* mages que le reprefcntant a foufferts, qf*il r^- clame et qui I ejpere de recouvrer par la juf" tice et Veqiiite connue qui regne dans voire Jeigneurie : Lefquels dommages, torts , pillages, vols, et perte de fan temps et de fa liberty, (qui lui a ke ravie pendant Vefpace d'unjt long tempys de 948 jours, et cela de la maniere la plus injigne qui fe puifje dSpeindre, ainji que de la madere la plus contraire aux Loix Anglica- nes,) montent (outre la perte de la fante) a plus de quaranie mi He livres fterling ; dont ks pieces jujiijicatives feront produites pour preuve dejon avance. Or done le dit reprefcntant pr end la liberie d' informer, par cette reprefentation, votre feigneurie, qui I ejl venu a Londres ex^ prejjement pour rlclamer la ju/lice et Vequite du gouvernement : laquelle il efpere d'obtenir da votre feigneurie, et ilia fupplie de lui accorder^ par le zele et V attachement quelle porte au bien^ au foutien des loix, et a I honneur et a la gloire de la royautc, Cela faifant^ le dit reprefentant adrejferc^^ [ 269 ] ^cJrrffera fes voeux ou cicl pour lafante^ pro- ffer it t!^ et confcrvaiion dc lotrc fcigncurie. Dc 'votre Seigneur id le trh bumble Lib Sept. 1783; £t ires obcijfant ferviteur^ Pierre Du Calvef, Chez MnrlatNi' LatrJey, No. 65, Old Hroad-Strecty pus loin dc la Bourjc RoyaU, Depuis le 26 de Septemhre dernier fai fait ioiites les dt! marches poj/ibles pour parler (i my Lord North et a fin fecrHaire Monjieur ISJe- pean : fai ^td diverfes fois a Jon bureau : Je leur at icrit^ pour jolliciier ^une r^ponje a ma requite f plujieurs fois, et particidierement le 30 Odlohrey le jy le it,^ et le 19 Novembre: Mais toutes mes demarches out ete infrutlueufes, J'ai ite au bureau de V honor able Charles Jamei Fox : je lui at me me ecrit une lettre^ dont voici la ri'pofife. Biliet IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 I.I 1.8 6" 1:25 IIIIIU IIIIII.6 V <^ %/^v:) > V .^ Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ &'' :\ \ % V 'ax % $ [ 270 ] " Billet de Monjieur Fox. Mr, Fox fait fes compliments d Monjieur Tier re Bu Cahet, et, ay ant Iti la lettre qiiil 41 refue de lui en date du 6 du courant, il doit rinjortner que le jujct dont il 5*agif, napparii^ ent pas du tout a fon dipartement . Ccjl au departement de my Lord North que Monjieitr Du Cahet doit sadrejfer^ St, fames' s^ U 8 JSlovcmbre^ '7^3* a Copie d'une Uttre hrite le 1 9 Novemhre dernier^ 1783, a my Lord Norths Secretaire d'Etat', dont copie a ete envoy ee d V honorable Charles James Fox, Secretaire d'Etat, \'i^ i I'l i ! It! .it: Mercredy Mating ig Nov. 1783, My Lord, 9>uoique votre feignetirie ne daigne point re-, porJre d mes jujies reprejentationsy et que le {Hence quil lui plait garder a ce fujet donne- roit a entendre un dim de jujiice de fa part i fe que je ne puis penfer -, ceft pcurquoi fai rhonneur de V informer que je ne cejj'erai point de Ifii ecrire jtfqu^ a. ce quelle m'^it fait une veponje [ 271 1 reponfe pofithe fur k contenu de ma requete du zb Septembre dernier 4 Au rejle^ my Lord^ quoique mal traite a un point auquel je n aurois jamais, du ni attendre fom un gouvernment civilife^ je rien rejle pas moins fidele au roi et a Vet at: et en cette qualtte je fuis obligd d* informer votre feigneurie de Vet at prefent de la province de ^ibec, laquelle me- rite les regards les plus adiifs et les plus vigi" lants des fnijiijlres et jecritaires d'etat aSluels, Car lajujlice et Vhumanite entiere ejl interejfee a fa fituation prifente\ ainfi que la bien-fai-> fance du Roi et de fon gouvernement^ quon y a defapprkie par les opprejpons qui sy commettent par linfligation et Vintrigue d'un parti qui s'y eft forme depuis larrivk du Gouverneur Hal' dimand, hes perfonnes a gagh de Monfieur Haldimandt cu lui-memey ecrivent^ ** ^e tout eft bien." On ne fait point attention que ceux qui ecrivent (ii7jji font gaghi on payes en partiadier, afiii de fefoutenir dans leur delpotifme, Dcs Jommcs im- menjeSf quon a ramafj'ecs par la cupidite^ la- ve?it d continuer de perjecuter I* innocence^ ^'on fe repr^fente une province livrec d la Loi de Maroc et de la bayonette^ telle quelle y ejl exercee prejentement \ fans bornes^ fans bar- riereSy ni afyles, oil puijfe fe rcfugier le foible tyrantiije I On cnlhe du cocur de la province r: il lirJ^ [ 272 ] fis pim notables hnbitajits ct Ics meilleurs citoyens : OH (irrache du centre d' ice He, dans le milieu de fa f ami He f le pcre d fes enfa?2s le inieux qua- It fie et fans tache^ fans caiife ni raifon : On Vemprifonne ; en le mine ; on lui jait fubir les toiirments les plus affreux et les plus feveres qiion pidfje exprimer ; i7ieme on le fait perir d petit feUf corps et bienSf dans la plus dure des prijonS\ on jait difjiper fes biens, et on met fa f ami He d la merci, fans *voidoir r entendre ni Vecouter, Efi-ce la ce quon appelle, " Tout eft ** bienT' Toute juflification et jtiftice quelconqwj lui eft refujee ; 071 Vempeche me me d^ avoir jufqu' a fon neceffaire avec fon propre argent, De Id il senfuit fur tout le rcfle le menie arlitraire et la meme barbaric, E/l-ce la ce quon appellcy " Tout ejl hi en T* — Mais il ejl aije de devoiler, ainfi que d'eclaircir, ce pretendu^ ** Tout ejl ** ^/Vw," d'avec riniquite qui sy exerce^ et d'etre infiruit que ce *' Tout efl bien^' eji depis en pis, fi Von veut s*en donner la peine pour le bien piitur du gowcernenient ^ en faifant tine en- qucfe generale, faite fans partiality et fans em- pechcmcnt dans la province, que je garantirai (tant que la corruption ne sen melera point,) de tout ce quon jugera a propos, que, fur ce?2t per- fonncs il sen trouvcra quatre-vingi, dix-neuf de mecontentes et defafedion?iees d cauje de hi maniere dont elle eft gouverrJe a prejcnt. Eft-ce une perfonne^ feduite par lappas corruptible des richeffeSy qui doit opp7'imer les quatre-vingts, dix-neuf, autres pcrfQnnes ^ — '^,on jc^fe atten^ iiui m-^ em- itiral ) de per- -neiif \' Id IJl-ce le dcs i hi i Hon quily a dans la province environ cent mille times J — ^e fur ces cent mille ames il y a enviroH mille que fappas d'un gain jordide tient dans la torruption pour rendre les dutres efclaves, del I ejl'il pcrmis de voir de telsfaits dans une province d'un Gouvernement qui Je pique de joiiir des Iqix les mieux calculhs pour rhiimaniti !—ils vendcnt leurs frSres^ ou, du moinSy ils les en^ €bainent pour un iemps^ ainji qiiil leiir plait ^ pour fatisfaire a la cupidite, Mais il y en a quatre-vingt, dix-neuf ffiilles jui gemiffent fous le poids du joug de Voppreffion et de Vefclavage le plus horrible que Von puijje dipeihdre aux yeux de rhumajiitS, He/as ! ^te puis-je dire, que toute perjonne ftnfee 7t imagine et ne fente dij^ d'elk-meme que frop? — J^arrcte done la a cette feule rejiexion, en d^firant quon y apporte un prompt remede^ pour le honheur des fujets de fa MajefU ainji que pour VhonneUr du Gouvern-* menty puifquily eji iniirefje de jt proche en proche pour jaire ^flfer I'abus du pouvoir^ qui sy ex- erce par I'oubli des loix et la profphiti des inkhantSi afin de faire renaitre le retablijfemcni des loix con flitutionneUes qui y fo?it violees et joule es aux pieds par un etr anger fans aucun inhiage- ment ni rcfpedi quelconque, Ciel f oh eJi do?ic cette fameuf^ lot d'Habcas Ccrpus tant prhlee^ quon fait Jonnerfi haute n Angkterre^ mhncjufque chez les nations etrangires'i Enfin, my Lordt *Uoici ce que j'ai entenda dire mGi'inime en Aout dernier^ fortant de la bouche de deux braves Lioyalijies arrivh a Montreal^ venant de New^ M m Totkn m n ' - n ■ V c: (< C( €.. [ 274 ] 1?;"k-. ^c/V/ kur propre difccurs, ** ATb.vi 'VC" nons noiii^ r-efugier dans cette pron^hice^ aprh avoir facrijie noi biens^ expife ?20i fnimlles aux calqmiit's du tempSy ainfi que nm ^^^i pour U L'r.'uice du rni, M.'hy •w-v - (?tr,^\ ^fl la pro-ai.nj:£ conlifiued^iitre ironvernce cf-JfC k m.^'uic-. 4^^tpctiime qiitU'\l eft atlu^'iu:rncni\ 7!0in .• lci.~.qifiiUrons ^ ei nous irons impkrer I: fccours dc ncscon-citoyetls et de nosfrircs, cw.naiis. n^ns alxmdonres par^ notre toy ale ujjcciion pour fa Maji'llc»\ Fcila^ my Lord, com me' niifojinent pref^ue touts les Loyalifies^ airtji que Routes les perjonnes fenjees du Canada, qui ne :ceuJent- point etre avilies d la candition de refcluvage^ J'ofe k dire, pireque celui des 7iegres. — 0ui : lis pen fenf airifi plus fort d. p-cfent que jamais, -^ J'arrete id : Mais, nif Lordy penfez au futur, — Si I'on y recueilloit les 'Doix^ dies fcroiejit iinanimes ; on y verroit^ fans auc\in detour ni deguifenieiit, la verite du fait dont it sagit. — Comme je m intereffe, quoiquil en fuit, au bonheur de la province et d la pre [peri: e du gouverncmcnt, je dejire fn- cerement que les Seen' tain's d'Etat fe deffillent les yeux, et quils ne reflent pas plus long-temps dans la lethargic qui a plonge la p?'Ovince dans la fUuiition on elle cfi prefentement par la mauvaife conduite de celui a qui elle a etc con^ fie. j^efpere, my Lord, que par vos efforts les plus a6lifs vous co?itribuerez d /aire operer un changement immediat et avantageux, tant pour le bien-etre de fes habitants que pour les intilrets { 275 ] inter ^ts (fe rctat, jf'pfe fficrc}\ qu<'parvQtrc application au jcvdcc dc fa Maj^f:t\ on y op- port era le remt'de le plus cjjlcace. C'r/} le dcjir et le fotihait du zele Jin cere de celiii qui a I'hon- neur d'etre^ en attendant ^ avec ie plus parf ait rejpcB^ My Lord, . Fotrc tres humble et tres oheijjdnt Serviteur, Pierre Du Cahrf, yiiitre lettre de Movficiir Du Cahri d my Lord North, Secretaire d'Etat, &c. du 29 de Novembrey 1783. », My Lordy < • ye ne puis r event r de Vetonnemcnt cii me jettcvotre Jilence fur 7ha reqiiete du 26 de Sep- tembre dernier et pur ma lettre du 1 9 du courant. line injuftice 7ie Pa'dt pas plus confiamment refufee que la jujiice queje joliicite depuisf. long- temps en vain, yugeZy wv Lcrdt de I'exces de la tyrannie, Voild trois debutes que 'vcus envcye la province de ^ebec enfn lopce d'un jcur ar. quel elk IM lil 2 «{? t 276 ] fte d(rjoit pas s'attendre fous un gouvernement Angloh, Dans la Hfte des abus quHls ont a vous prifenter^ ma cnufe fe trouvera, proba-^ blementy comprife\ et j*obtiendrai^ peut-etre^ Jujlice avec la province entUre* jfe n*ignore pas^ my Lord^ que Movjlcur Haldimand envoye ici des gens (^fes gages, don* la miffion efl d'ebtentr qu'il ne foh rien chang6 au gouvernement de la province^ qui, tel qu*il eji et tel que je Vat (enii, eft un veritable def- potifme. Mais, my Lord, il faut efpSrer que *vous ferez jufle, et que, par ce moyen, vous conferverez la province a fa Majefti^ et que vous ne fouffrirez pas que notre opprejjion jufti- Jie aux yeux de F Europe entiere ie detachem^n^ des treize provinges. y*ai Vhonneur d'etre^ avec refpe^^ My Lordy Votre trh humble 0t tres obiijfunt ferviteur^ a Samedi Mat'm, 29 di Novembre, 1783, Pierre Du Calvet. If;' lettr^ ( "^71 ] ^ur Lettre de Monjteur Du Cahet a V Honorable Charles James Fox, Ecuyer^ Secretaire d*Etat, &c, Ic me me jour ^ i^ de Noveni- hre, 1783. Monjteur, Void copie Jl*une leitre que j'^cris ce jour dljui a my Lord North, Je prens la liberty de lous Vadrejjer^ a fin que vous foyez ijiflruit des dS marches quejcfais cupres de ce Secretaire d\Etat, Et^ guoiquc l* affaire dont il sagit^ ne regarde pas direBement votre dtfpariement, j'efpire que^ per un effet de cStre jujlice^ 'vous voudrez bicn en dire deux mots a my Lord North. Je fuis^ &c» Pierre Du Cahet, Autre lettre de Monfieur Du Cahety /crite d my L$rd Norths Secretaire d'Etat, &c. k i^ de Decembre^ ^7^^* My Lordi Out, Je ne cefferal d'^crire d votre fcig^ neurie que lorfqu'elle m'aura rendu /*; jufiice qui eji due d mon innocence opprimee, C'efi ^nfore d ce titri\ my Lord, que j'ai I'honneur d^ { 278 ] da foUiciter une ripohja a ma requite du it de Septcmbre dernier, Oiii't my Lord; je vous re-it ere que Je ne reclame que la jujlice qui eft due a mon honneur outrag^y et au didommagemcnt des torts im- menfes quun hrigaiidage m'a occajhnnh, Cejt la Jujlice qusje demanded et rien autre chofe. Vous nignorcz pas^ my Lordj que je ne puis rien jaire contrc 'votre ami, Mo7iJicur Haldimand y puifqueje nepuis Tatteindreavcc les loix d 'ici a ^ebcc, C *eft done un ordre^ my Lord, qu'il me Jaut^ sHlvous plait me Vac - (order y pour le Jaire "ccnir a Lojidres pour ripondrc a mes plaint cs et a mes dcmandes quel- tongues, y'efpere, my Lord, que vcus ne me refit" Jerez pas cet or dre pour Jaire 'venir ici incef- famment votre Gouverneur, Monficur Haldi- mand ', lequel ordre Je 'vous fupplie dc m'acccr" der» En me r accordant vous me rendrez /.v/- iice, et i:cus deliirere^ la pron:ince dc jon perjecuteur, y'ofe efperer que votrefcigneurie ne permctira pas que Monfieur llaldimand aille en droiture de ^ihec en Suiffey fans pajfcr par Londrcs, y*ofe^ auffiy efperer que lous ne pertnettrez pas qu'il echappe aux loix par aucun fhoyen dejub- terjvge que ce puijjc ctre. Car, Ji ccla 'Dtmit a arriver. vi-i V J , f'J [ 279 1 arnvcr, . .y L^rdy je n'ai pas hcfjin dc 'vous (aire pnjjentir ce que tu: le monde conclurroit ^ j^ /J._ — Je prie Dicu, qu*on fauvf, dit vioinsy It's apparenct's. Jai Vhonncur d^ctrc^ . aniccjjjj>c^y My Lord,. Voire trh bumble ' et trh oheiffant fcrviteur, Fierre Bu Calvct. J ... li ' r ; ' -*• f, ■ ^■■■:.\'.-i *^* Since the late change of his Majc5y>. Minifters of State, Mr. Dii Calvet has. pre-, fented the following memorial to Lord bid- ' ney, the fuccelTor of Lord North in the, office of Secretary of State for the Hoinc-De- ' partment. To [ 2J?6 J To tlie Right Honourable Lord SIDNEY, his Majcfty's Prin- cipal Secretary of State for the' Home Department. The iiiertiorial of Peter Du Calvet^ Efquire, of Montreal in the pro- vince of Quebeck, I, t '■J ! 1* in Humbly Shewetli/ 'TpHAT your memorialiH: has been fettled ■*• in the province of Qucbeck, formerly called Canada, ever fmce the year 1758, and that, fome time after the peaee in 1763, he fold his patrimonial eftate in the South 0/ France, in order to carry over the produced thereof into the faid province^ and enjoy the benefits of the Britifh Government^ as it wad then eftablifhed by the King's proclamation of 0(Etober, 1763, and the commiflion to Governour Murray made in purfuance of it ;— That he executed tlie office of a Juftice of Peace in the faid province with the faireft reputation and the entire approbation of the governours of the province, from the yeaf 1766, 10 the year j 775 i— That he has al- ways r 28. ] \vays ndled as a faitliful and loyal fuhjcfl to his Majefty, and during the late war uith the revoked provinces in North-America, (now acknowledged by (ireat-Britain as the Thir- teen United States in North-America,) he al- ways avoided entering into the fmalleil con- nedion, or correfiiondcnce, with any per- Ibns in the faid provinces, or, in any degree or manner, abetting their revolt. — But that neverthelefs, he was arrefted on the 27th day of September, 17H0, by Captain Laws of the 84th regiment of foot, called fhe Royal Emi- grants^ in confequence of a verbal order of Brigadier-General Mac Leune, and carried as a prifoncr to Quchcck, and there put on board the Caficeaux iloop of war, as a pri- foner, on the 29th of September, 1780, by a writ:en order ifTued by General Haklimand, the governour of the province, but figned only by his private fecretary. Captain Mat- thews. — That he was detained on board the Canceaux, as a prifoner, in the harbour of Quebeck, from the 29th of September to the 14th of November, 17B0, and kept upon fait provifions and mufty bifcuit, without be- ing permitted to fend any perfon on fliore to buy frefli provifions for him with his own money ; — That then he was removed to the military prifon of Quebeck, and detained there from the 14th day November to the 13th day of December, 1780, in the cuflody of Miles Prenties, the Provoft-Martial of the N n army, m Hi; r?.; ! [ 282 ] army, in a very nafty room, which he v^as not permitted to caufe to be cleaned at his own expence; — and that afterwards, from the 13th of December, 1780, to the 2d of May., 1783, he was detained as a prifoner, in the convent of Recollet Monks, with cir- camllances of great hardfhip and unnecefl'ary feverity, which have greatly impaired his health ;— and that, throughout this tedious and unmerited confinement, he never had any charge, or accufation, brought againft liim, or could procure from General Haldi- niand a declaration of the caule of his im^ prifonment. Your Mcmorialift further fets forth. That, during this long and fevere imprifonment by General Haldimand's military power, he re- peatedly defired to he dealt with as the law direded, by either being brought to a trial, if he was thought to have been guilty of any oitence, or being fet at liberty, either freely and abfolutely, or, at leaft, upon giving fe- curity both for his future good behaviour and to anfvver any charge t^ at might be brought againft him; and that Mr. L'Evef- qut;, a very refpedable merchant of Que- beck, and who is a member of the Legiflative Council of the province, had offered General Haldimand to become bound for him in thefe refpeds : but that all thefe propofils had been rcfufcd.-— And that,, after the refufal of nou the duri islii juiii lion .;.I.J mi ■ his rrom :dof mer, cir- Hary his ious had ainft aldi- iiD'- [ 283 ] of thefe propofalfe, he had offered to make over all his landed and other property in the province, (which was conliderable,) to fiich perfons, or truftee?, as General Haldimand fhould appoint, to b kept in the hands of fuch truftees till the end of the late unhappy war, as a fecurity for his loyal and faithful condudl during the remainder of it ; or, if that was not thought fufficient, he defired to be fent to England even as a prifoner, rather than continue in the nafty and unwholefome confinement in which he then was kept : but that thefe propofals likewife were re- fufed. For this cruel and illegal imprifonment your Memorialift humbly hopes that the laws of England (under which he wilhes to live and die,) will give him fuch a reafonable compenfation as can now be aiforded him. For, as to the damage done to his health by the hardlliips he has gone through, t/Mt, he fears, can never be repaired. But, as General Flaldimand caniiot be fueu in the province of Quebeck, fo long as he continuts governour of it ; his high office of govern nour placing him above the jurifdidiioa of the courts of the faid province ;— and, as, during his rclidence in the faid province, he is likewife out of the reach of the courts of jultice of Weftminfter-Hall, vvhofe jurildlc- tion docs not extend beyond the illand of Great- ( 284 ) Great-Britain : — Your MemorialKl humbly hopes that, in order to prevent a failure of juflice arifing from thefe circumftances, your Lordfhip will advife his Majefty to command General Haldimand to repair to England, with all convenient expedition, in order to anfwcr fuch complaints before his Majefty in Council, and fuch adUons in his Majefty's courts of juflice here in England, as may be brought againfl him by your Memorialift and the many other perfons who conceive themfelves to have been opprefTed and in- jured by him in his office of governour of the iaid province of Quebeck. And your Memorialift, as in duty bound, will ever pray for your Lord- fliip's welfare and profperity. Signed, PETER DU CALVET. FINIS. i ft ; nbJy e of your land and, sr to ^yin ifty's ly be ialift ceive i in- jr of duty .ord- TT.