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I ata Biura. 1 iX 1 2 3 1 2 3 4 5 6 : ) 1 ■ 1 * : i-. -lu ^ 1 ■ \ 1 ( « h ^ 'J^^ A COLLECTION P A R S AH9 t-^^ I ACTS, RELATIVE TO THE DIS MISSION OF WILLIAM SANDFORD OLIVER, Esq^ FROM THE OFFICE OF SHERIFF OF THE CITY AND COUN*^ TV OF ST. JOHN, IN THE PROVINCE or NEW BRUNSWICK. jiuii jflteram Partem* PKlVTtD IK THE YEAR 179I. ■a tl ^ iW« »*l T. L t «J ^ * A t' 1^/ • > J'df^^ I .ly^i-n ,.,^ ., -J • ■j'^-.*vr(^H*j i- tion) are at liberty to throw open the doors, and enter at pkafure, 1 conceive my^tlf to run a much greater rifque than in trufling a prifoner abroad under the care of my own officers. 1 have hitherto fuppofed, that the admifTics or exclufion o^ perfons, not having legal bufinclh !n the Goal, was veiled entirely in me as SheritT, and this 1 hope to be further informed of by the Court, as well as whether it is part of the duty of the Grand-Jury to enter and examine the ftate and condition of the Goal, and form their conclufionr. on what they may icQ there, without an order from a Court'of Juftice for that pur- pcife. u*..; That the Grand- Jury, as the Grand-Inquelt of the County, Ihould enquire into, and prefent, all nuifances within the County, whether cxift- infy in the Goal or elfewherc, 1 by no means de- ny^; but what i contend is, that this enquiry, like other enquiries of a Grand-Jury— (I fa/ "mm 1 GrAiid-Jurf^ as hiving no reference to a CoMr IWr t Jury) mult be rr -de by zmDirps. Th^prefcnt Worfhlpful Grand-Jmy, alledge, that for difpatch of their duty, thc-v af^rccd to go and examine the pre fen r condition of the County Goal. If this was part of their duty, they certainly performed it in a new method, as tlie principal objeft to which this duty of their's Iccf them, was, to examine the private apartments of the Goaler's wife and filter, efpecially the latter and this part of their duty, they difcharged witlj * a diligence and minutenefs of inveftigation be- yond all praife ! What impreffion the objcds they there met with made upon their imaginations, I know not, but it certainly affeded the:, memo'- ncs very materially, they forgot their errand^ and entirely omitted examining the lower fart of she Gtal, winch contains four of the ftronge^ rooms in it.--.They forgot, when I cafually me% them on tiieir return, * that I never made u/e of n:c ivords rnfcals or villains -, and from any thing that appears on the face of their complaint, they have fince forgot that 1 am High Sheriff of this City and County, and confequcntly that I had a principal concern in whatever pafled in the Goal , — The words I ufed were, that they were a fet of impertinent fellows, and I might perhaps add, that had I been there, I fhould have locked them in. I confefs it would have been, perhaps, as well to hive la-i^hcd only at their inexperience, and not have remarked the impropriety of their b<;. ♦ This was an error in the copy, which was made in hafte— It ought to have been when I cafually faw Jme of them after my return. * B • H Jp ^ • \ I. ^ j: '^^ 'I' *) \J^ ( lO liavionr quite fo forcibly ; but the very imgcn- teel manner in which they had intiudcd on my premifes, in my abience, without notice, without leave, and for the purpofe of picking up fomc caufe of complaint, drew from me the words I ufed, before I had time for recoUeftion ; and if the Court think they need any apology, I hope it will be preceded by an apology from the Grand- Jury to me, for having given me the provoca- tion. (Signed.) • W. S. OLIVER, Sheriff. It is evident this paper was not ferious, but ironical, efpecially towards the clofe, yet the Grand-Jury faid they could have forgiven the lirft infult, but not the laft. N" III. * • FROM the grievous complaints that have of'- ten been madey refpeSling the condition ofy ani manner in which the common Goal of this County^ has been appropriated^ We, as Grand- Jurors for the prefent SefTion, thought it an incumbent du- ty to make enquiry after the grounds of thofe complaints. — And for that purpofe, we went to the faid Goal, and injpe£led its Afferent apart" ments.' The upper floor, we find, is divided into four rooms, three of which are occupied as private * It is obfervable, on this prefentment, that the ob- iefts of it are, the difpofition of the different apart- ments of the Goal, and their condition as to cleanli - n«f8. ( II ) • lodgings, and one only appropriated pr the re- ftpiionof debtm—^ndi that one, we conceive to be, in its prefent fituation, very unfit for accom- modating any defcription of prifoners—from itt naufeous fmell, and dirty ^pearance. The inconveniences that rnuft anie from cm- ploying the principal part gf the Goal as a dwelling-houfe, are obvious, -In the firft place, it is contrary to its original defign—f/nd in the fecond, it is incapable of accommodating the different denominations of prifoners. _ It is therefore (igped, that the Court, in its wifdom, will devife means to remedy a grievance which has l?e?n long and too juftly complained X (Signed.) ' AL. BLACK, FoFcman.^ faint J6h», March i8, 179^ . ' {'["'it Kefs. (Signed.) ISAAC BELrU J»»n. of. I, J tO^^OO^^^Q^^ N» IV. A DISAGREEABLE mifunderftanding and . altercation having taken place between the Sheriff and Grand-Jury, and the Court be- ing defirous that there fhould be unanimity and + How could the Grand- Jury hazard this affertion, when there was not a fingle debtor in confinement, an4 they had not examined the four lower rooms of ihc Goal ? t Thefe complaints arc faid to have been made to the Grand- Jury, by two perfons who were not upon oath, as all evidences examined before a GranU-Jury^ by law, ought to be. ':^i 1 V i s "» p I ■ V.J If: ( «». > concurrence in the different public bodies and officers, in the difcharge of thtir public du- ties, have endeavoured to difcover the caufc of an event fo unpleafant— -and, upon enquiry, find, that the language made ufe of by the She- riff to the Grand- Jury, arofe from a fuppofed in- tention in the Grand-Jury, to treat him with pointed difrefpea, in vifiting gnd examining the Goal without his knowledge, which the Court is Jatisfied was by no means their deftgriy * but that they vifited the Goal from motives of duty, iq difcharge of their public truft.— The Court, therefore, earneftly recommend, that fuch an ex- planation may take place between the Sheriff and Grand-Jury, as will reconcile them to each other, and bury in oblivion the unfortunate dif- pute th^t has taken place. ' ' ' (Signed.) , EUAS HARDY, Clerk, ' March i8th, 1791. ' '' • To the Grand-Jury for the City md \ County of Satnt John, now fitting, 5 *0» >^Q><^*& N» V. THE Grand- Jurors having already piic it in the power of William Sanford Oliver' Efq, High -Sheriff, to make acknowledgment for his mifbelanviour— and having received ^ _ _ • • The Court judged more favorably of the Grand- Jury than they deferved, as it has been iincc coofeiled, by one of their number, th»t they ftudiouHy Cdncetle4 their intentic n of vifiting the OoaJ, fr<»»0 *C »»»« W VI. MR, Oliver, upon the recommendation of the Court, is willing to acknowledge to and- Jury, that it was in confequencc of an imprcflion upon hi^ mind, that the Grand- Jury intended to treat him with pointed difrc- 5peft, that he made ufc of the language he did, and midc the reply given to their complaint j and that, had he not thought it was fo intended, he would not have made ufe of any expreifions t There is fomething vecy extraordinary in theif ilrft applying to the Court, and then declining its in- terference : The Court recommended an explanation, but this they avoid, in order to apply to the Lieut, Governor t How does thii a|;ree with what they fay in No. 7, «« that it is their earned wifli, that the ^ « ference may be accommodated withm gmg am fur* tber^** 1^ • 1 ■Si \' ■■^^w s ? I 'i i ( 14 ) which could have been exceptionable, or given the leaft offence. If this explanation is fatisfac- tory to the Grand- Jury, Mr. Oliver wifhes that both the complaint of the Grand- Jury, and his reply to it, may be withdrawn, and confidereU as having never exifted. (Signed,) W, S. OLIVER. Saint John, March 19, 1791. fo the Court nsm fittings THE infult was given by Mr. Oliver in :% public manner, and an acknowledgment MUST J be made in the fame way, either in the §pen Court y or in public print, by a/king the Jurors'- pardon.— h-nd. it is the earneft wilh ot the Grand-. Jury, that the difference may be aecommodattd without going any further. (Signed.) AL. BLACKy Foremuiv Saint Jebnilll9xc}M9t\19\' t9 the Court. % IfthiithcbngiwgBof acoiJiiimodfttiwi?' lat hi» R. icnc the ors*- nd- uuu ^, f- ( 'S ) N» VIII. * COURT of SESSIONS. Saint John, March 19, 1791- THE Committee appointed by the order of yefterday, report, that they proceeded to /examine the ftate of the County-Goal, and the ground of the complaint prefered by the Grand- Jury — and found, upon that examination, that only one room on the upper floor, is kept for the confinement of debtors ; but they are of opinion, that room is the moll commodious for the purpofe, being the largeft and beft fituated, and they found that room in proper order for the reception of prifoners, although, at prefent, there is no debtor in the Goal, the lajl having been difcharged yefterday. f Upon examining the Sherif/, the Committee were informed, that the debtors were put together in this room for the purpofe of being accommodated by one fire, where either of them was able to procure fuel $ that, when occafion required it, the room now occupied by Pontius, the Goaler, was cleaned ioT the reception of debtors ; and that debtors tnd criminals had not been confined together i gind that no complaint had ever been made to him^ Sy any debtor, of the mode of bis confinement,-'^ The Committee do not fee any caufe to impute blame to the Sheriff, in any particuUr inftancc 1 they arc, however, of opinion, that the hall ♦ This was a Committee of the whole Court, and the reader is defired to ohfervc how mateiiaUy i« variej, in many parts, from the rcprefcntaiiom of the Grand* t It was fome days before. 3 • ' >^ *% —^ { *6 ) ought to remain undivickd— anil that, for rhc ronveniencc of confining debtors, of different defcription, in ieparate apartments, two rooms,, upon the upper floor, ought to be kept con- flantly unoccupied for any other purpofe than the confinement of prifoners. The Committee proceeded to examine the rooms upon the lower iloor, which the Grand- Jury did not infpeSi, which are kept for the confincme^r of criminals -, thefe they found by no means fit for the reeep' tion of any prifoners, by reafon of the water, at this fcafon of the year, making its way through ihQ floor, which is occafioned by the want of 3 proper depth to the drain, which was dug or cut in the rock to carry off the water j they are, therefore, of opinion, that as foon as the fcafon ^vill admit, the drain ought to be cut to a proper iirpth, for that purpofe, and fuch other work done, as will render the rooms upon the lower floor, habitable, without danger to the lives of the prifoners. Ordered^ That tlie foregoing report be accept- ed — aiid that the Common-Council of the City, be requefl:ed to fee the necelTary repairs made, and work done, to anfwer the purpofe mention- ed in the report ; and this Court will, by fome future order, dircdl re -payment to the Corpora- «?oo, put of the County-Treafury, of fuch pro- |K>rtioft of the fum as ought to be defrayed by the inhikbicai}£& af the Towns in the County, out of the bounds of the City. — And further Ordered, That the Clerk be direfted to furnifli the SbcrtflT with a copy of this Order, for his diit^ioA. . M i ( 17 ) N- IX. Saint John, April 5, I7yi. Dear Sir, I HAVE this day received the enclofed Letter, figned Al. Black, Foreman of the Grand- jury — and as I have already advifed with you, as my Attorney, refpefting the mifunderftandlng between me and the late Grand- Jury, I now re- rcqueil yoa will be (o good as to lev me havc^ your opinion in writing, refpedting the bufinefs, with leave to communicate the fame to fome of my particular friends. / have the honor to be. Tour very humble Jerv ant , (Signed.) W. S. OLIVER. Elias Hardy, Efq. Sir, (Inclofed Letter.) Saint John^ April 5, 17 91. a HAVING formerly informed you, that the Grand-Jury intended laying their <;om- plaints againft you, before His Excellency the Lieutenant-Governor, 1 now acquaint yoa, that it has been Iranfmitted to the Sccxctary, and by himji laid bjcforc the Governor. / am, Sift (Signed,) AL. BLACK, (Foreman of the Grand- Jury^ N. B. Mr. Oliver applied for a copy of the complaint, but was refufed it. € r I v.»-*«-' ,„..^4"'' S I R, ( «8 ) N- XI. Saint "John^ April 7» 179!. IT would have been more agreeable to tnc, tci have given nny opinion relpeding your dii- pute with the Grand-Jury, on a cale regularly Halted, but as your friehds are acquainted with molt of the particulars, I fhall proceed to give you my opinion by way of anfwer to your Let- ter. In the firft place, I take it to be clear law, that you are keeper of the Goal, and that, as fuch, no perfon has a right to enter it, without your permilTion : This 1 lay down as a general rule - and I know of no exception to that rule, in favor of the Grand-Jury, unlefs it can be fuppofed, that becaufe they may prefent the con* dition of the Goal, when out of repair, they have, therefore, a right, at plcafure, to ex- amine whether it wants repairs. As the A<51 of Aflcmbly, recognizing their right to make fuch prefentments, is filent on this head — and as the exercife of fuch a right mutt materially inter- fere with your refponfibility for the fafe cuftody of the prifoners under your charge, I am incli- ned to think they have no fuch right — but if they have it, it is, at moft, only a right to exa- mine whether the Goal wants repairs. In the prefent cafe, fuch right is out of the 3ueftion, as the intent'on of the vifit (as 1 un- crftand it) was not to examine whether the Goal wanted repairs, but to enquire how the particu- lar apartments in it were appropriated j and even this enquiry, was reftridtcd to the apartments fvr ' ( »9 ) debtors : In this enquiry, I am of opinion, the GranJ-Jury exceeded the line of their duty,— Debtors may be confined wherefoever the Sheriff plealcs (though it is otherwiie with felons^ — and if there is any jufl ground of complaint againft the Sheriff, the rcriicdy is by a6tion upon the cafe, at the fuit of the party aggrieved, and not by prefcntment of a Grand-Jury, it being a pri- vate injury, and not a public wrong. As to the words you made ufe of, viz. That the Grand- Jury "were a fei; of impertinent fellows," and that, " if you had been there, you would have locked them in." In words addrefled to pub- lic officers (and. the Grand- Jury I confider in- a fimiiar light) the law makes a great difference, whether, at the time the words were fpoken, they were in the execution- of their office^ or not. \r. a cafe reported by Lord Coke j the v/ords were, fpeaking of the Mayor of Plymouth, "thou act aa Inlolent fellow i" on v/hich is this note— *M:Hcife words are fcornful, and worthy of pun- ifhrnent-T-fa to .bind him" (meaning the Speak* er) " to his good behaviour, // they were fuh*- lijhed when the Mayor was fitting in the execution . of his o^ce.''— As the Jury were rot in the ««• ecution of their office, when the words were fpoken, I conceive that the words addrcffcd to them, " that they were a fct of impertinent (tU lows," are not legally cognizable j and as to the other words, ** that had you been there, you. would have locked them in," the legal maxim applies, noH officii affe^us nifi Jequatur effeSlus,-^.. Mr. Black is wrong in ftyling himfelf Foreman of the Grand- Jury, as the fun^ions of that bo- dy ceafcd, when the Court difmiflcd them.— Ngr ^ ( lO ) can ! iVc the propriety of prcfering a complaint to the Lieut. Governor, when the Grand Jury, if infulted, ]iad their legal remedy in the Su-i preine Court. I hope what I have written, will be fufficient- \y explanatory of my opinion, and am, iSir, your moft obedient. Humble Servant, E. HARDY. -■- w N- XII. Fred^viSlon, May 6, 1791. A MEMORIAL from the Grand-Jury fof the City and County of Saint John, com» plaining, That you. had infulted them in confc- quence of theii- vifi.ting and infpe(5ling the Goa\ in that City, having been laid before his Excel- lency the Lieut, Governor, together with co-pies *■ €f the proceedings relative thereto y in the Court of General Sejfions of the Peace for that County — I am direded to inform you, that, as the Grand- Jury had an undoubted right, in their public ca- •pacJty, to vifit, and by their own infpedion, af- ccrtain the ftate and condition of the Goal — •His Excellency thinks it was highly unwarrant- able to offer 5hc fmalleft infult, on that account, . * N. B Nq copies were ever applied for by the .Grand.Jury j what ^j^g^Mes they had, muft therefore .have been taken by thcmfelves, and tranfmitted uncer- tifitd. The report of the Committee, it is believed, was never even feen by them, and, confequently, couid^ not have been tranfinitteti. /*^-%<*A ■ "'m,,,* <<#. ( »i ) ro a public body, whofc importance in Ibciccy, requires that they fhould be univerfally held in relped, and fupportcd in the execution of their duty. — And His Excellency, therefore, cxpeds that you will make an unqualified apology, to be delivered in writing under your hand, to the Foreman of the Grand- Jury, alking their par- don for the infult of which they have complain- ed. J kave the honor to be^ With great perfonal regard^ Siry your moji obedient, And moft humble Servant, (Signed.) JON. ODELL. W. S. Oliver, Efq. (Sheriff for the City and County of Saint John. W XIII. S I R, Saint John, May 20, 179 1. YOU will, I hope, have the goodnefs, to ex- cufe my not anfwering your's of the 6th inilant, by the return of the poll, as the con- tents, equally important and unexpeded, requi- red time for confideration. You are pleafed to mention a memorial laid before his Excellency the Lieut. Governor, by the late Grand- Jurj^, toget'-er with copies of certain proceedings in the Court of General SelTions of the peace. —This memorial, for rea- sons unkn -n to me, / was denied both a fight ■and copy of by the Grand-Jury -, I cannot pofll- bly fay any thing, therefore, as to its contents : A.nd, with regard to the proceedings before the m4 ^*|,-»- !■ .\ ( 22 ) Sejions, many material faih are entirely omitted^ and others fo defe£lively anderroneoufly Jiated, that no fair judgment can be formed from thofe papers, of She di/pute to which they r^/tf/^.— This I infer from my knowledge that the Grand-Jury have never given themfelves the trouble to poffefi themfelves of fome papers refpefting the matter, which are materially explanatory of others. Had I been fo fortunate as to have been indulged with a hearing, which I fully hoped, and the ra- ther expefted, as I flattered myfelf my condu.^ in office had been before unimpeached, I con- ceive I could have Ihewn, from the whole tenor of my behaviour, that I meant no unprovokecl infult, and that I have afted confift^mly with the charader I have hitherto fupported, I perfeftly accord with you in what you lavv relatinjr to the importance of Grand- Jur^^s, and the refpea that is their due ; at the fame time, I berr leave to obferve, that as my office gives mc precrdence in the County, next after the Lieut. Governor himfclf, fome refpeft is aifo due from them to me. The paper, figned by me, at the recommen- dation of the Court, will ffiew, that I have been no ways averfe to an amicable adjuftment of dit- ferenccs : This paper, with the further concefr- fion«; offered at the time to the Grand-Jury, on my part, of which the inclofed is a copy,* and which the Grand- Jury did not think proper to lay before the Governor, the Mayor and Recor- der, and, I believe I may fay, the whole Bench, confidered as fufficient : My fentiments were in iinifon with theirs, nor have they fmce changed^ * This inclofure it is not thought neceffary to pub- liai. (^.a .ti^ ( *3 ) After this declaration, I can '.ly add, that, though the emoluments of my office are my folc dependence, yet, if his Excellency deems me unworthy of filling it longer, 1 Ihall receive his commands with the molt profound refped and fubmifllon. / have the honor to bCy With great rejpe^y Tour very humble Servant ^ (Signed.) W. S. OLIVER. ^be Honorable Jontathan Odell, E/q. To the foregoing i-ctter no anfwer was re- turned — but fometime afterwards, a Letter from Mr. Odell to the Mayor, defiring him to nomi- nate to his Excellency the Lieut. Governor, a fit perfon to be appointed Sheriff of Saint John^ was communicated to a friend of mine, that he might acquaint me with it j and in a fhort tim.e, John Holland, Elq. was appointed Sheriff in iny room. ^"T^HE Reader being now in poffeffion of all X the material fads relative to this bufinefs, I beg leave to afk him the following Queftions : L Suppofing the Grand- Jury had a right to vifit the Goal, without my confent, was it civil in them to do it, without acquainting me — and, on the contrary, lludioufly to conceal their in- tentions ^. IL When we confider, that i.c the time the Grand-Jr-y yifited the Goal, there was not a fingle debtor in confinement — that no complaint whatever had been made to me, and no regular complaint to them, mufl it not appear fingular, that they fhould think of vifiting the Goal at all ? And yet more fo, that they Ihould reftrid their examination to only a part of it ? A \ ' r^£Wm^^:i' I *t- ' i) i 24 ) • HI. With wh,it propriety, after the unhand- fome treatment I had experienced from them, in mobbing me down the ilreet, could the Grand- ■ Jyry complain of any expreffions that had ef- caped me ? . , ^ . r IV. Was it generous in them, to lupprels entirely all mention of their behaviour to me ? V. Was it candid to ftate, that I attacked them in the discharge of their duty, when they had broken up before the tiir>e alluded to ? VI. What could induce the Grand-Jury to decline the mediation of tiie Court, to throw out the bill prepared by tlie Attorney-General, and infinuate> early in thedifpute, adifpofition i||' apply for redrefs, " to the Fountain from Avhence my office originated?" VII. Was' the demand of the Grand- Jury, that 1 fliould make a public acknowledgment, '«' fuch as Ihould be approved by them," cor. - fiftent with what they profefs of an earneft wifii that the difference might be accommodated with- out going any further, and the Jympathy and compajfion which they affed to fed ? VI II. Which party appeared moil in earneft as to an accommodation ? IX. After the mobbing one through the public ftreet, what would my friends have thought of me, had I alked the Grand-Jury's pardon ? ' X. Ought not the Grand- Jury to have, at ieaft, allowed me a fight of the complaint pre- ferred againft me ? ** . ..- XI. What reafon can be fuggeftcd to juftify their refufal ? William Sanford Oliver. k ! V .i • • t « '.*»; • • t • • m». ■ ^1 , * U « - #»