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Les cartes, planches, tableaux, etc., peuvent §tre filmds d des toux de reduction diff^rents. Lorsque le document est trop grand pour Stre reproduit en un seul clich6, il est film6 d partir de I'angle supdrieur gauche, de gauche d droite. et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 32 X 1 2 3 4 5 6 HISTORY Z, OP THE ^^^^ 1t^ Destruction of the Colonial Advocate Press^ *t OFFICCRS OF THE PROVINCIAL GOVERNMENT OF UPPER CANADA A>» AW STUDENTS of the ATTORNEY & SOLICITOR GENERAU XK OPfilir BAT. \nd in presence of the honourable William Allan, a police ma^iKtrat and collector of the customs, and ott»phen Howard Esquire, auditor general of the colon}'. BY niLLUM L. MACKENZIE, EDITOR AM} PROPRIETOR, ^^smw^ m . YORK: ' intcd at the Colonial Advocate OfBc^, by W. L. Mackenae, printer to th»v HonoiiraUe Uie House of Assembly of Upper Canada. 1827* -- P , .^f"" -<*♦«- Ci O o o o « • i a * 2 3 • w §-a.S=S^g- «- 2 »a «. O. «* • positio positio St posi u(l pos use. house ' 1 £ IP' c > R3 o 4 s M' >l^ 9 fO eo ^ Mil ntn I f 2 e ca 0> VI 1^ go te I|l 3Jo :'• Per. I ? 33> e s 3 W • a ca *2 w 5" s. O CO SO H ?3 W s X 5 o B n o a 3 (0 ^ •0 aT en n .r o> er 1 I Sf I • a • « 4« I cn 00 to V H A H i ro 'c5» I^Ctfl It wan } thp 8tli Ji dicioiis in my (oren bearing u ser, Mr. I been umi that cons; hope that plejustict tions hav( The ncc June last ^ their colu saw the oi Atrocio nial Advo situations irritated b lowing in ing every peaceable against th( THG PI hi>urs of I as yet lin{ rado — the the door, i Forms, S( terials, wl heap of ru advantage Wharf an in the pre silent com men /— tw on the n|i one of thi the majes in theutte mopt diati 1^ ^f fit \ftutvutti0n of ti|( eolonial ^Ri^orate It was nt Queenston T had the news of th«i destruction of my property oi> the 8th June, and I iiistHntly took suoh measures as appeared to me most ju- dicious in order to obtain redress. Mr.Small had been retained as attorney by my foreman, and 1 lost no time in collecting all the testimony I could obtain, bearing upon the transaction, a copy of which I sent down to my legal advi- ser, Mr. Bidwell at Kingston. As the, name- of Messrs Allan ta Heward had been omitted in the action fi»r damages, I was not enabled to offer them that conspicuous niche on the trial, which their merits deserved, but I did hope that the result of that trial would enable me to do them still more am- Iple justice with the public thro' the medium of the press and my auticipa- I lions have not been blasted. The accounts published in the Canadian Freeman, and Kingston Herald of June last were substantially correct, I therefore make such selectiotio from their columns as may serve to introduce ,, :u statements of individuals wh«. saw the outrage. (From the Canadian Freeman of June 15.] Atrocious Outrage ! total destruction of the Printing-Office of the Colo- nial Advocate. On Thursday last, a set of men holding high and honorable situations under the Colonial Government in this town— a set of men, not irritated by distress, disappointed hopes, or political degradation— but wal- lowing in ease and comfort — basking in the sun-shine of royal favour— enjoy- ing every right and privilege of freemen — and chased by the toils of a loyalr peaceable, and industrious population — formed themselves into a conspiracy against the laws of the country— a conspiracy against THE LIBERTY OF THG PRESS— a conspir.icy against the public peace— and between the- hours of six and seven o'clock in the evening, while the ^reat enemy of guilt as yet lingered above the horizon to restrain the arm of the ordinary despe- rado — they attacked the Printing-Office of the Colonial Adtocate — broke open the door, in the pn-sence of several witnesses, and demolished Press, Types, Forms, Sticks, Oases, Frames, Gallies, Stands, &cc. &c. until the whole ma- terials, which were new and of the first quality, exhibited nothing but one heap of ruins. Lest the types might he picked up again and turned to some, advantage, large quantities of them were carried down on the Merchants' Wharf and thrown into the Lake! All this, we are informed, was carried on in the presence of two magistrates, who viewed the work of destruction with silent complacency I— Two British magistrates — O ! clarum et venerabilt no- nun .'—two police magistrates of Utile York — it is said, stoad coolly gazing on the open violation of all law, both human and divine— while the son of one of them was engaged in the work ! O ! tempera ! O ! mores ! Where is the majesty o( British Law, which says " every man's house is his Castle ?" ^Af {lAro ai*Ak fns t.Rl!nOP.rH oT f^Tt^^ah. P'«'f*f^f* j'flys-r— r*y HftHft *^f*J^!dl! HaV^ HhAP ^fvSr'" in the uttermost ends of the earth, and struck terror into the hearts of the moct distaDt, and most ferocious of the children of Adam ?-Are they to be decs --11' Vlmi and set at naught by the official despcradoei of tittle York alone 1 Bv the laws of England, a man's house U hi. ca«tle-no mattt-r what hi^ mihlii or private conduct may be-but in tittle York, it soem" hat a mai'" hoS J ii m castle only while he crouches to official arrogance, and lic^ the hand of irvLrhU ;^":;i" • ^^%"'°™«"[ ^h^V^h,. dignit/of hiH nature rccoit f'o^ servility, his castle is to be razed to the very ground • By this audacious outrage, the liberty of the Press' has hern assailed-Jhe majesty of the law <|frend.d-the repose of private life disturbed- he riRhts Jlir^^'^-''^''^' ^'?'«/*"'-^'>« fVeliogsof a lespectahle community insu ted- puhllc opinion iet at defla,,ce-and a precedent .Istahlished b v the vJry o Roers of government, men moving in the first circles in the i ol.m'y. which, if fol- lowed up by the lower orders must overturn the foundations i.f civil sociHy— Wha will the enlightened people of the United States say-what will the world say-when they hear that emissaries from the very office of the Gov! ernor-assisted by high official men-broke open the private house of a Bri- tish sulyect m open day-in the metropolis ..fa British Colony, and laid waste his property, in the presence of two British magistrates ? ^What w M they say, when they hear that alter this nefarious outrage had thrown the seat of government into one common ferment, and that placards on the sub. or/ffTJ"'^'M'''J". *'''*■''? corner of the town, for two days, the official Gazette was pubhshed-andnotonly was there no Proclamafion issued a- pinst the conspirators-but, behold, it i> mt even noticed by the official Edi- fk'ffr.^' ""*•*'"' ".*^!''"' ^•'"'"vance speak volumes? Does It not show iftat this transaction took Its rise in no common source, when the plan was executed by men in the pay and the confidence of the Executive, and conni- ved at by he official Gazette ? What will be said of the free and "ndepen. beTt e'i»-MEE PR^'i'^ f7 '^' '^^^-'^^^ r,"^'"*"'. ^>J their right, anS li- 11.-. ^^ rKESS— to be overpowered by main force in their streets and publicly stratigled in their presence, without lifting up their united voices against it, and calling upon the chief magistrate to bring the offenders to condign punishment ? if this outrage be permitted to pass unnoticed? whose property, or even life, can be said to be safe ? ' ® rJ"7u P^ Ireland, under the administration of British law, a man is torn f ora the bosom of his family-severed from his friends and from his coun- try, and transported for sewn j/eara -without judire or jury, but at the man- date of <^tt.« or more maffes/rafes, for the simple crime of b4g absent from his dwellingbetween the hours of sun-set and sun-ri.e !-In liltle York IZ der the adram.stration of British law. the private dwelling of an inhabit;nHs «^W,LT" ""ri*''' P""^'" P'"°P"''*y - tt "By the jJagitions outrage here alluded to, the people of tinner Canada are thrown into a state of consternation and alarm-.-c«.nsterpatiTat ihrun- blushing audacity of the conspirators-and alarm forthe safety o? th. riivrs and property in a country where such desperadoes are In the^pay a. d h^ confidence of the government.-Nine of the conspirators have been idenf- fiedand sworn to-..nd .u ordei to give the people a correct idea of the thhg nin 'p'/l'^ t "' ^" »tate. that five or six of (he nine are employed in "h^ offices of the Governor, the Attorney General, and the Solicitor Ge„eral--as clerks and la^ students ! ! .'-What will the patriotic D.)Ctor LeffertTsav at the next meeting of Parliament, when the' Att.uney Genei-i^Mn the /o«flZ ; zeal of the son of a V E. Loyalist," exclaims .hat^he Africans invd^^d "our c..untry-.-ransacked out Xoy,'r^^...d.stroytd our property .-and murder. fourmvesandchldrenVyVi^ think we see ih. Doct^'s^irdirnarbrcw lowering upon (,,m with the following appropriate retort-."res Sir the A^ niericans invaded us and destroyed our Jfopirty, as enemies, in open war-- l^nt three mmanes, as lam informed, from your office, and in your employ- mnentt iaoi pn t'nea oi <>i)t, ana thisbusinf I he outrap stance. c.-> tu direct I Such OI peace, in t jcoiiipirac; jcivil ri^jhli !ny iiuiftp j)fitrat»'.d V " in.^lice p C(H»ijected public oifi oftheCle sence of V whom wa j office to tl itheiii a Li witnessed prevent tl hut for th ' there is sc c, I lie o| i law in th. '( perniciou * 'I'he stoni , who have ; bie R|>ecii \ ernmenta I Dot be th 3 and exec I be justifii '' the peopl publisheii the court lication, i Magistral ting it, w being cot j Arioto present d \ the time)! < and in di ^ headlong * looms an ; resenttn:' I exertiiii; excited f ' and ii Ul ork alone ? By what his public 1 raan's housi* is icks the hand of ire rccuits from 'n assailed— the rhcd — fhe rights niinity in3ult<;d- the very olficers . whirh, if fol- f civil soeicfy. — . — whfit will the ire of the Gov- Imuse of a Bri- jlony, and laid !8? What will lad thrown the irds on the sub. *y8, the offieiaf ition issiifd a- ■he official Edi- nes it not sho\T t the plan was tive, and conni* and indepen- ir rights and li- in their streets, ir unifed voices e offenders to noticed, whose , a man is torn '"I'om his coiin- i>utatthe man- ! absent from tie York, un- n inhabitant is esence of tieo d unmolested, fnt under the ^pper Canada lion at lh»* un- ■ of thci.' lives pay and the V b«en identi- 1 of the thing, ployed iti the >r General— as ffferty say, at in the loyal leans invaded -and murder- 'dignant brew s, Sir, the A- open war— 'our employ- i ment, inuaded tke priocUe ahoit of a fallow -suhject and dtttro^td hia p-^ipert^, in t'mea of profonn I peace—vcA th^y adf^Twards remained ii» your iinploy- ra'^nt, ana Kniay«J your coirilencel" — Wh.it appears m<\n extraordinary in this biiiines'i is, that the «»!!lcial Qaz«*tle has be«!n published a second tine, since Ihe oulrai;e w;n on'nltted, 'vlthout e»er alluding to it — and to thi*. circom- stanci!. c.iiipied with the situations of the conspirators, we wish particularly to direut the public attention. [From the Upper Canada, Kingston Herald of June 30.] pATRiciAfJ Riot, at York. Such «»n annihilation of valuable property, such a daring hreach of the peace, in the face of the government, such an insult upon the laws, such a conspiracy and o.itrage against the freedom of the Pres«, the palladium of Icivil rii^hU, wis n.iver befoi'i' witne-isnd, in Ihiri province, «)r any other C »lo- fny u ulftp the protection of BiiliiU government and law. The riot was |»er- 'j»fitrat»!(J with d«'lil»-;ratit»n and tninifest conceit, with ^vhit the lawyers call " in.iHc« pre-peiHi'." The perpatrators of It are said to be attached tt», or connected vvi:h, and as it were selected and dtilegated from, almost a|l the public oifi.'tH 1 I Y^tr'i. fro n th< Lienlenint G ivernor's o 111 ce down to that of thn Clerk of the Peace. It is also stated to have been committed in the pre- sence of two MagHtrates, wiio stood upon the bank, while the rioters, ;»mong whom was a son of one of lliem, were riotously carrying the types from the office to the bay, and these exemplary Conservators of the Peace, one of them a Legislative Councillor, and both of them loaded with public oITices, witnessed the riot with apparent satisfaction, at least without any attempt to prevent the violation of law and destruction of property. It m so stated f but for the honour of the Governmi'nt and the Province, we cannot but hope ; there is some mistake in the statement of so glaring and scandalous a fact. The opi>onents of the Advocate, having the administration of the civil I law in til -ir own lian-ls, had no occasion to resort to mob law. U is a I pernicious precetlent ; an ill-advised and most dangerous experiment.— * I'he stone, onr-e •• set a rollins;," may roll back, and crush some of those , who have thus rashly put it in motion. Mobocracy cannot be a desira- ; ble s|»ecles of Gorepnment. Let mobs be rendered fashioo;ible, by Gov- i ernmenlal connivat^ls or impunity, and no one can besure !hat he will I not b€ the next niomj^oe. If this pdri-ian Mob, for instance, planned ^ and executed by omoifs, clerks and favourites of government, shduld I be justified or excused for destroying a Press friendly to 'he rights of the people, under the pretext, true or f^lse, ot provoking <>' rsonalilies published by the Editor, Ih'i People, in their turn, may lenrr to imitate the courtly example, and a plebian naob, excited by some offensive pub- lication, may denrolish the Government Prens, or the olfice of ope of the Magistrates, who countenanced this riot, by lookinst onud not preven- ting it, whenthey had the power, and were b<)und by official duty to do it, being commissioned and sworn to keep the peace. A riotous spirit is at any time lo ho deprecated, and peculiarly so at the present distressing crisis. In the Mother country, such is I he pressure of .^ the times, thatthousandi* of labouring people, thrown out of employment, \ and in dread of actual starvation, are hurried by blind prejudices and f headlon? passions, to combine togpthe r, and riotously destroy power I looms and other articles of property belonsjing to the ohjfcts of their : resentmc'.nt. The ministers, MaTjistrates and peace officers are wisely J exerting their utmost efforts to tranqnilize and restrain the suffering and excited population. Pecuniary di-sti ess is already felt m this country, and id likely to increase, no one can tell to what extent, la tliis state of Jofr M ^"' 'u '^' f'|-vinci..l A,fmini.tr.l,on to rou^e the mi" of Job. Bull amons the people, by saoctiooing the ex.mple of a ? "tou* Connected «s the actors in the late riot appear to be with the ieveral department, o. government, we sincerely hope the pX a?al oh! e The preface to these statements hath already sufficiently exolained th^ h» ginu.ng of thH affair-It follows that J should now say " omethh Jo tJe ..^r" jons.mphcated, and such of their friends as are under a^c Zd X" Um^^^^^^^^^^^ 2«e the spirit of le of n riotous the noterp, or ith the several iilic authuritiea ill, iind effectii- 'ort the 8iHpi- i olherivioe in xplained the be- hitig of the per- n the estimation I implied acqui- ohtained as tend ons of the gang, ve councillor, ^ome District, port of York, 's ol York and >ssea, a com- ^aie frauds in rliament buil- I compiny, a iice, treasurer a, a trustee of U iiiiid owner, a of York, a Henry Hew- i and for (he 2nd and wur- rgy reserves, of (hose whtf ecial jury, in urdict $2ij00, ) late private I, SMi«in-|:iw clerk of the ) a barrister at law, n lieutenaot colonel of militia, a duellist who killed the Surveyor GeneraPiton in (hnfi'li'when the litter was aitriphagand unwilling to fight, a Church o( Cnglandmao. JO?IN LYONS Enquire (convicted rioter) a conGdenti»il rierk in the office of hi* excellencv the lit'ir»'nml »{<)V«roor (<«.«liiry ^GOO a ycir) onpt «in of miliiia, barrister at law, nince appointed by the lieutenant go- vernor to the very iinporiint trust of 11' GlSTEH/«r the Niagara dt*. trict in the room ol the late John Pmw^II Enquire — a Komao Catholic. HENRY SHERVVOOD Enquire, (convicted riofer) n Mudent at law in the o.lice of tl»e Attorney vo w.-nt forwird in the direction of the Advocate Olfice. A f^vf ininules afterwnrd« I (who w h !rk hank f the gang who doitroy«d the Advocate offic . I ^fopt at tea from 20 mintite* to hulf an hour, and on my return toward* Co(»por'« whhrl, I (when on ih« bulk in front ol tho Advocate oflict) m»'t three -n-e where thry were going; th. y made toward* \llan's wharl and thn-w boxes and types nUo the lake oil the wharf. The mnment I turned round to see what they were to do Mith the typis / aaw Colonel Allan stamUng in front of hit own pal- ing, elm by the corner (a« in the plan) ; no pin-on w..« wilh liim then nor near hiin ; he teas looking distinctly towardt me and them - I took par- ticular notice of him: at this moment James Bixter (an apprentice) came out in front of the odice, and called alou that effect, and belore I got down tliey were out of sight, ft appears f. me that as the roadmen had been working before the Advocate office and had just gone off, the gang chose that quiet hour, unseen to commit the work of .Jestruciion. York July Zrd 1S26. „,,, » i»m mitod av (Signed) WILLIAM MURRAY. CHARLF.S rIdOUT Esquire. I have learnt that this gentleman, who is a son of the Hon. Thoma* Ridout, can testify on oath that he was on the hank at the Unie of the riot and that Colonel Allan the police magistrate, and Colonel Heward the clerk of the peace and auditor general were on-look- ers to the outrage, and saw the whole just as well as he did— but I did not conceive it necessary to require him to give a wntteji statement in a case where proof abounded. It has been asserted that Colone Heward cheered some of the moh and cried out well done boys, but that fact must fall to the ground for want of proof. FIRST OFFER OF THE RIOTERS. Mr. Macaulay's letters would have been publishe.l before the * # trial, had not Mr. Small my Attorney forbid it. ttr bp?w?^nrl*'Iw'!^^''*'''''^*^y •'■'''"«' BMacrul.y Esquire, ageot on behalf of the Defendaat^, to Jumes C. Small F.qu.r/. Flltiff-; Attorney ■My Uear Sir. ■' ''I'^e ^en^W prcsecuterl for a trespnsi, upon the A.lvorate Press v^Tt^:!'"'"'"'""-^" ''^"■'''' ''^ ^'^ '^^ irreparable u.jurl to th. nrL: ' ty of the concHrn, »ve,u openly to the n-fic/ witlmm ...y .tt^mnt atTon An offer'' f"'^"""" "' ''' '''"' '^ '^'^ respnnsihilny theyTu7inurZ ten etd i nmedr^r/ '? '^^ '"^^r' -'-" "^^'"^ .njur/.ould have beea ?ery truly vours, ?. E. Small Es^. J- B. MACMULAY. SECOND OFFER OF THE RIOTERS. My Dear Sir, <)th July, Iff26. jasticeif Mr. MnokA^ie', rT:^r ",^°""<",'°n ">»< "•"J' folly meet .he ma,eriel of ,he «.abMsi;::,rb" 'Xt'ffici "„ 'l: :: "! "' "" """'^ gencies ji so— wiUi rp«iiiprt »« A,.,.i ' '^ ''"'"'^"'"t lo (orer any contin- I am, ^. E. Small Es^u-.e; " i/g/MACAULAV. I Jame i Mj ] that o aborti stipul you, Thi Dej ly imp be, no OlhjTH affidav visited the dej as st:ir( manner I upon il I wards', I pressio i that ev I fsometh \ wreck. WiLl JAM cute (fo Co til mo ti'in mat I we out, VVi wards tl with a ( Richard the AU( time thi Heward gate, thi persons bis SOD < the posil were wi make an Esquire, aeeot no 'luiiitiff's Attorney'. ! Ailvorate Press ury to tho proper- iny rtttempt at con- ey Would incur.—' ' woiiH have been loss exertion been is unl to be as- ijosiiy ; — the per- Mitly the true and to pay at once the . proposals than f'llly meet the yhich they are willina; to pay le of the whole er any contin- > would be no ?r. any excess to e whole to ia- ite the contro- its course, LAV. j James E Small to James B. Macaulay, I My Dear Sir :- y.^k, July 7th, 1826. I I received your note last evening and am extromelv sorry to find I that our endeavours to settle amicably this iiufortun^Up aff..ir h:.v«. pro" "d abort.ve-.your proposals cannot he listened to. Will you there ore as stipulated have the goodness to return me the memorandum I handed you, and believe me ■■•nj icii very truly yours TK HT T DM JAMES E. SMALL. The Hon Jam£s B. Mac aula v. Dear Sir, — Tork, June 29, 1826. I received your note of last evening, ai.d it is .vhol- y impossible for me to ,ay ^hat the actual damage to fhe mMerials may be not knowing the quuiUly that h;.s been thrown into the lake and !te;'^ ^^'"^' f'''"''-"^^'^- I c«n "nly «t''te that to which 1 ran make Sd h! 'f^'^ t.roe--nam.ly, that a few minutes after the outraged ns.ted the office, and .t strnrk me then, and I am still of opinion,^h. the desperadoes made their best rtions, not to upset tho\ype" &c asstatedhy Mr. Corey but to des.roi/ every thing in ike mostZal'ici^ul mnnncr-^s large quantities of types were dashell out of the windows upon flags underneath and I hear, out of form-, with their f-.ce down- wards, which was sufficient to ca.ise certain destruction and from thisTm- pression on my mind and the destructive appearance which I saw oa that evening I would not, were I about to purch.se, give moreThan ^omething about the value of old type metal for allthe letterTn th" I remnin Yours respectfully, nr r «, FRANCIS COLLLVS, William Lvon Mackenzie Esq. JA51ES LUMSDEN an apprentice in the office of the Colonial Adro^ cale (formerly apprenticed to the king', printer, and messenger in the Common. House of Assembly) his voluntary testimony respecting cer! ti-n matters which tooLplace at the riot— (about I8 years of a^e ^ on u'wi'^^^'n ^^^ "'^'"'^'^u '^^ «he Martha Ogden steam-boat gc out William Doyle was with me, and my attention was drawn if. wards the office by observing three men come down to the wh .rf p h. with a case of type in his hand which they threw into the lake'-:Mr Hichiirdson the barrister wa. one, Mr. C. Heward a law student wTh he Attorney General was another, the third I did not know. At to time this outrage was going on 1 saw Mr. Allan the magifi ,ate and Mr Heward the clerk of the peace, talking together outside of Mr All .n's gate, they were looking towards the office, and I believe thev siwh^ persons throwing the type into the bay. and that Colonel Hewanl s,,^ bis son Charles the Attorney General's law student so employed-from the position in which I stood I have no doubt h.it thai ih^.o fy^..:--.../™ were witnesses of this transaction, and they did nut, to my' knowleXe' make any attempt to keep the peace on witnessing this outrage. Whan l«aw Ihe types conflifi;ned to the bottom of the lake I ran up lo the oA hro u)d met Jiimi-s Bi.xter ut the corner who told in». 9 rui.nber of m^a had broken up the office and were in destroying it. I gtopt tulkine to hinia while and at last they came out— I noticed young Sherwood hf had "I . !r . ' "eward, James King, John Lyons and 3- P. Jarvis, the otheis I did not take particular notice of. Several had sticks-Mr Mac- kenzie s mother was standing at the corner of the office and she was greatly atjitated. When they camn outside the gale, James Baxter my lellovv apprentice said to me pretty louJ, •' What a shame il i8!"_on which ymins; Sherwood, son to th^ honourable judge of that namp turn- ed round and threatened him-«' If you say a word I'll knock you down " J hey then seperated— The honourablo James B. M^caulay wa. not Tisibie at the moment the work w is going on, but a few minuter after- wards I observed hi.n, Mr. Mian, and Mr. .ieward Senr. all talking to- gether at Allan's gate outside; 1 did not see the Attorney General, only his clerks and friends. '' V , , ^ , (Signed) JAMES LUMSDEN. York June 29th 1826. P. S. On the very evening after the outrage I had the following con- versaJion with F. He ward, son to the auditor general, and brother lo him who threiv the types into the lake. Hca»orrf.— Well, what do you think of your office now ? Luinsden. — 1 think we will gee justice yet. H ward. — I believe there is very little justice to be got in this eountru. Lumsden.—l think you are half ri^lit. ,D/^N1EL BANCROFT, former.^' apprentice to the king's printer, find afterwards in my office. C, Fnnch, B Ferguson, and several other person!" testified that at the time of the riot, the Advocate office was one •f the best in the town or colony, as far as they knew. WILLIAM DOYLE, son to M^diael Doyle, York, nged about 15 years stated that he did not see the Attorney General or Mr. Ex«?cutive Counsellor Macaulay either in or witnesses to the riot, but that " Ma- *' jor Allan and Colonel [Jeward were there, standing opposite Mr. Mac- " kenzie's house at the corner of Major Allan's, but I cannot swear that ♦* thej^ paid particular attention to this matter. I think they could not *' help seeing the tohole, but I cannot svear to that effect as my attention *' was more particularly engaged by the mob." (Signed J WILLIAM DOYLEv York, June 29th 1826. JAMES BAXTER then an apprentice in the Advocate office, a*ged IB years : since removed to the ofTicii of the Upper Canada Herald. His voluntary testimony, subscribed on the S9th of June 1826, is as follows :— '' I was present when certain persons on the night of the 8th inst. broke open the Advocate olfice by force, and destroyed that estahUshment. — I had locked the door nut two noinutes before and shut up the office— I saw a num- ber of persons pass the parlour window, they bad sticks, I saw them enter the court yard, I then went round to the back door of the office, and found the men busy breaking open the office door— a number of them came in with c1u|>B or fiticka in their hancUs some had pieces of cordwood—l aAerwards 'uo up lo the oA ninnber of men I etopt tHlkiiis; to Sherwood he hud 5. P. J;irvis, the ticks— Mr. Mac- ce amj she whs uraes Baxt^^T my liame it isT'—on that namo, lurn- nockyoud(.wi).*' HCatilay Wd^ not kv minutes a^ter- r. all talking to- ;y General, only ; LUMSDEN. IP following con- id brother tu him V? to this tountry^^. kiiig*s printer, nd several other c office was one n;q;ed about 15 'Mr. ExecuiJvo but th:«t '* Ma- posite Mr. Mac* f»nnot swear that 'c they could not as my attention AM DOYLE> e ofTicc, aged IB raid. ^une 1826, is as le 8th inst. broke ilishment.— I had ce— I saw a num- saw them enter office, and found em came in with )d-'I aAerwants ( 13 ) irent and told Ohr..!- , renoh to run to Simpson's and alarm Mr. Per-us^. th. foPHMiau I ,|,.n V .t toth,. front d ,or of the offic, a,.d saw thro 'n^J po down w.th cases and type towards the lake-Charle »ew ud vas o " ~ r«i!l n'.t^"''"''*^!"". -^f .«"0ther-llenrv Heward I think -vas e h ,d h7t I « III not swear to his beioR the third, f then st,.od and looked at t Z \> ho remained destroying, the property. I saw thnn pull down the ores .„i,^ JJ2,fT~!^'^' T"^' *''^'" ''^'"'•^'^ »"•' «"dtl>roN,urandM r.M S Mfakeishad effected their escape before he returned with helo Mr All.,, the police magistrate, stood at his door and looked on, n let e you n'. . i^ from he Attorney General's ullice carried d.iwn the lype a, d tifrew "t ' mtn the lake-f am sure he could not help both seeir.j^ „.d hearing he l raj?e_I should think it mi-^ht have been heard almost -it tl e old piLuM t o I e_the iron press weishinR about a too and a half ,n..de a le/rib e oi « -a fallmj? as did the iinpo.ins ^tone. Allan never ofl-.M-.d lo stop the p . 'e d ..Ks--after the types had been th. .wn into the bay. the audilorV^r-d canVe up and c-onversed with Allan at his gate-I did not run to .hem for assi.ta cr because I thought them but a poor refuge in s.ich a case, th% oSit 1 h' Vc kome and done their duty, or what was the use of them ^-MrAHau app '.r- lofn : r 'VTT'''' '•'•; ;■'"'•'•■•' ^^'^•*" •'"•y »' -^^ '« t'-^' attorney ge^r J, W to IL'om '^ towards him and he smiled as in return-some of tin. rio r« md clubl he I I " T^'-'^y' «'""ry «•'"•*"*' ^'"'^ '«"P'>«it«d t»"^ir s.i, ks inU clubs there— James King ran up by the end ..f Allan's h..use with u arge club in his hand--.some went one way and some anolher.-Col. He»va:d the worshipful clerk of the peace wassta'nding on the bank in front ^ Ue TnTchLf''T"\\ " ^•p•,r«"^'"e backward and forward all the time. His son Charles (.u.d 1 think Henry also) were running off with the types, which wb r.h """ K "'"/'J^'^V "***^*'"'^ ""^help seeing them , a.fd the nois^ vhith the mob made in destroying the offu-e he or any one standi ic where le H-as must have distinctly heard. I have no doubt in my mind hut that h« leard and saw the whole from first to last-except that he could not see Ihe ron press tall &ic. from his position.— I am perfectly satisfied that he saw hii on running down with the types to the lake-he made no attem,)t to pre- ent the outrage-he gave no word <.f command &ic —he did not intertere 'Uf when all was over he joined Allan at Allan's door.— When the ean- loke up the office and began tearing down the establishment I did not ruS o Allan but I called ..ut aloud for assistance to W Murray in Allan's he.r ng. loud enough for Allan or any body else at that distance to hear me if ley were, so inclined— I called to W.lliam iMirray t!i..t they were tearinr mn the hoiue, and requested him to go for assistance and he went, but Returned too late. •■ Vork, June 29fh 1026. (Signed) JAMES BAXTER. My mother s testimony as to Mr. Allan's being present, is the same the liners— she saw a man w ith a child in his arms, standing before ^Tob.nel Al- Im s door, but d(»es not know that gentleman by sight— She saw the oflice .ie- Itroyed. and being 78 years of age and in feeble health, was much frightened [nd her health affected by it for a long time after. o'"f "eu, JAMES MACKENZIE, (an apprentice) testified as foll..w9:— •' I was at a in my grandmother's room up stairs and heard a great noise— I went down >• the o lice wnere I saw Jarvis taking a chase to the front of the office, full of p'pes— he threw them tlown out of the chase upmi the stones, the quoins flew pill and the type fell out, then two or three more scattered th. ! nv..,- the 'iru, and Jarvis took the rules, bent them and threw tl apt. Pct.-r M'Dougall c lem away— Afterwards «me out iV.mi the pri iting office an, I said, " I think tt have done enou^h.-'-.Thrcc < 1 !hcm carried thrco cases aud Uir«w t^em ,ii I ■ ( 1.' t (I I! ( 14 ) into the bay and I aftemards went and took out the empty cases— when the t s .'ttdin^arv. ^^t"""' ':.^'?'■*""^;'""'' '.'P««"ins th. pr.,s.-C«lonel Allan IleinJ an, h«J- "u^^ '"^'' '""/^'''^ '" ^'^ """«' "•"'""«' ^e could Hot help seem? and hearing what was p.issirig.— June 30th 1 826. ^ (Signed) JAMES MACKENZIE. x\^^' .^.'^R^ W Wf LSOM broth'^ the editor of the Geneva Palladium is I'.'l!!'" '"• ^"/•''•?f"'""t offic... -stated as follows. I m«t the Hon. J. b! Iv Xr fhrTff ^ '•'' ^'"^} ^'-•PP"«'"'^) from the scene of the outrage, immediate- 5j,.nrn^I ^ ^^"i " '"^ *'* ^'^^'^ ^^'l^'^" placp-He was opposite Mr. J„hn JIte V «Il r^' '"''"? «^e passed each other, and was liughing in mode" 1 e^it d mTn?;;''';' ''^^\ ^''. ^^"^'« "" '^'^ <"«♦-« «** •'■ *" '=«"'^«"' his emotion! It e^xcited mv particular attention and I remarke 1 to Rennet an I youn- Kane Tage brre": '"'' '" °*'*'''*^ '^"^ P'^*^^*^^ ^« ^^^•-' ^^^ ^^^''l of [he out- the^hl?s?^^H^^J'*^'^'^^^^'''*^*«*'-^«f«''«''«="-"^Vhil^ I was in front of the house and the men carrying the boxes uftvpe to the lake. I saw Colone Wkint^t"^!"^""'''!''*^'^'^"""^^"^^ ••^"king on at the outrage; he was he waTs? nSinr:;'i''.T'".'- '^"^ '^^ '"^« '^'^ ''^'^ «« ^«« ^^'^^ Hew;rd au" rfrlSn!*! !^ ^* 'l*"*" fl'stance from Colonel Allan while the men were f n7su?e hVJ''"' tV'^r ''■*'^"' ""^ «ft«^"vards he joined Allan at the fence-. lethemi .%''*'?'""'''"« """**he perpetrators of the outraee-I did not r. rovTni'he X ''''"''"' 'l"^ '"ischief that was doing-the men that w"?e . dislS^ ^ "''"'* makmg a terrible noise which was heard at a great i M. B. was then 13 years of age and upwards. 8u!,iejT,v mll^rrr"™""'''^ the ATTORNEY GENERAL, but was »er- Office as LsLdfn''V''r "°**" ^."^ «°--"^ '"t^'"*-'' t^*" delinquents in'^h s riot-land have "^^^^^^^^ ^T '2 ^^"^ ""^^•"S "*" ^^e circumstances of the radeuseofmh.« .•'■"* ^4*''*"*^"''"'^ fault with - the official rendezvous," SSn ma?e a b rri^rerTf'''"; ^.^^^-y fhort time ufterhe had Charles Richard- in ^^t^i:2:^'jt:;:^^i^ -^-^^ '^^- Prom allTJ^ew .'l•l^^'^^»^'^^^ P-"'"^^'' '^'^'^ham. states as follow,.-, ttiin-) than oUt.Z T, T \ ■ *^n ^'IP'" ^""^ ^'*""*h ''"^ little more (if any LSio^VsfeJf^K^^^ «« complete 'pi ui Mackenzie's otKrl 71 '^"^^ "^''*'' ^''^vious to the deetrurtion of Mi-. Snew irawor'/^ «PJ'«'-«t"« ^-''S principally m a wo.d, the destruction of hisoffice seems to be complete. ' York, U. C. July 5d 1826. "* ^' ^'ETERSON. of th'l" tdH^K?,^^^^^^^ ' -»* ss.— Colonel Allan he could tiot help MACKENZIE. ffpneva Palladhim, met the lion. J. B. , utrapie, immediitte- ( opposite Mr. John laughing: immode- iceal his emotion--- t an! younp: Kane heard of the out- I was in front of e, I saw Colonel outrage; he was ajorlTewardalso - iile the men were i\n at the fence- titrage— I did not the men that were s heard at a greaf 15 rolled »p were thrmvn ,nt« the Sher.ff s hat. 0.,t of th^ fir,t 40 drawn out after .he ha. had t.ee.. s' ..ken, «ixte.n j..r .8 were .electedltwe « ol whom were to pa*- upon the c.<«e. iweivc Toe defend mtSHnd pi nnl.ffh.d each the powsr of .trikina out a Mr. Small for Mr. Mackenzie, PJaio.iir, sfnifk off, 1 Hon VViili,,,,, Allan. 2 H-n. Duncan Cameron. 3 "on. George rookshank. 4 ll.)n. Aleit.iMdt^r Arbuihoot. 5 Mr. Jame!< Ro^t.ts. « •* John Care^' (Ol>server.> 7 Thoin IS Kacey E«in. S John Gamole K«q. 9 '^V. Gamlde Jr. 10 Mr. I^H.c Webb. 1 1 '• James Forsvlh. 12 '« Jaroh Shiin'k. AL, hut was iier- delinquents in his rumstances of the Roial rendezvous," I Charles Richard- ik and act for hina ates as follows.--- ) of Mr. Wm. L. tie more (if any complete Pi f(,r JStrurtion of Mr. s w.'ts principally complete. PETERSON. Judire Macaiilay for S P. Jarvis and In. nds, defeod.ints, struck off, 1 Mr. olin Di'iinmond. 2 '• Ge(.. \\ Post. 3 •• L'trdner Biwt >ick. 4 " IVier Mc haii. 3 *' Jordio Post Jr. 6 •• lorarl Ransom. 7 " John Birohart. 8 ** John K('e*or. 9 ♦• Sjrnnel Snyder. 10 ♦' Patrick M' Gan. 11 •' tvilliam Artlnirs. Ti... r^^ ; ^^ " D'»i»i<^l Brooke, Junior. Sheriff "'"» ■'^*^®" "'ere summoned accordingly as Jurors by the •ir.weVt''" fcf "■'"' ^' *'"* ^u'' ""J *'"*'«"• ""'y «'''^«" "P'"'-''^' J'^'-"" were «nH ft .u*."^'" ■''"'•*'■•' then drawn fiora the petty jury list by consent and after two had I.eeo struck off the Jury was sworn' afid consisted of ' Roheit Rutherford Rsq of Vork. Foreman. Mr. Janes Hog?, of Milford Mills. " Kara Annia, of Whitby. David Boyer, of Markhani. Divid Annis, of Whitby. VaJentine Fisher, of Vau^han. " Robert Johnson, of Searboro'. " Joseph Tomlinson, of Markham. ^ ♦• P<'ter S cor, of Scarb(.ro'. '• Edwtrd Wri.5htof ^o.-k. Joel B -mm, of VoinH-street, k. G'o.ge Shaw, of Fork,— 12. Un the bench as presiding Jud;^« sat Chi-f Justice Campbell, with the m- fonZn. ^'^'l' u""^^ «" i's»>l«ssing8, is sub- must be some degree of ^anovnoJerch"'''' ^"m ^"••""" P^^«'«"^ «*'^^ there from )ts very natSrT ins^peTabJe^'f o n^ it "fiut TX^n^r^K^'"?' "'^'^"^ " hcentious, the law of the land is ^ ffi..:Lnf f » • P/^'^ ^^' "^ ''">' "'"t', ants, in this case, felt any pPovocatJ.fn in th.'? .l^^'^'Vu '/ ' "'"' '^ ^''*' ^''^'''^^ -■-yet I will not admit, nJr'iTn"herprivethatT-h^r 'T ^''\"P^" '" ^''^"^ law is so strict with rea-ard fn VolntZ.? ul .^ ^"^^ ''as been the case. The liable to punishment !?en to hp^nr'''"^''*'^^'^^ ^^"^ •'^'t'"'« ''^ Papersare they may be abr o'prove that thevTr' P""'^'""^"* of the pillory, although If, then,Vntlemen.Te: n^Vl'Zr^'^ !:.*^.'!_T?"y^ of the p'ublicatiol plaintiflF, but hisf:milv vn . »v ill .iv. ,. ^"u visfi to rum, not only you feel, asmensi tTn7t'h^r"o ght^toVe?"fri;f^ for little damages / -if you respect the rights of "hfsuh erf L m .1"'^"'^"^*' "^ this oui .wish to guard ag.inst th^r c. rrenceoTstni ^r^ "'' the press-if loe a siiiiifarr -"e : . . '•-eoi sucti aisgraceful proceed nffs. hv I I stand highly r«g » inform you, that itanct! of your be- at Ihi' di'fi'ndaiits t a inattfr of tlip ndanls .-iri.' men of -but to tile jtlain- «'S9, his property, his family, have f this trial. This int of view, inas- npt by op«;n vio- yoiir verdict will hy your verdict, spirt' together for I risk of a ^eavy (alanced govern- Jtay and constitu- has been consid- J governments-. ^ upon the press in this case, not 'V been insulted lan, the privacy ise, where tvevy from assault and lount destroyed, lary damages, ia >te with impuni- >les9ings, issub- ons exist, there abuse, which is >e, at any time, J if the defend- as open to them 1 the case. The rs of papers are illory, although the publication, ou wish violent privacy of the ih to encourage » not only the lamages ; hut if of this outrage G press-if you lings, by plac- ngage in them, ion. by a ver- len, which is r and standing g passions un- ■vould be some >e first circles i resort to vio- against them, lee how muck ^'. ^'^^Z!::::::;^:!^^:^ J; -^ -* -y int.ntio„ to endeavour to tlu- v..iKl„ will, th,. -The rioters em- n.^.n„,,„enjscn^;„^ii:,;^p^:r'^;;nr';z,:t;;;.,:i;;,^'rs;; ■ 1)111. thl'V nuift«ii»* »«»...! I ^1 /■ ■ "^ fcji*;^?'™^? - ^i;™^ ^. .i:*',;?i;^;i:!;,t.f s „,„.„,-. would rather that a p.rson wm.M v^t- r'"".'"" """■'' ^^''" P'-op^-rty " take away his char, er.'' Tru^v he , if " ''?'''*' '"" "'''"'' f""" '''''ty ^ha. on that score-hischa,-ict;r such «H it iV-u "'.'.'"''*"' "'^'*y ""'*' ^Pl'^'hen^ion ly infraction of the lolh commandmen" " ""' '" '''^ ''"^'^'^ '"^ ^^"«*^ »" -- ^'^^pSl:^^:^::;'^;^ Z^^ ^"?^?- «^^he witnesses as hut I felt that in an actio^^.r c v I .hZ, ^. "" "u"' "'T'^"* '" '»« ""'^^ '■'?:ht. .'."d they uniformly ^sTredmrt^nsT^^^^^ hestto begui.led by counsel, to the suit, as Messrs. Allan"m W^ ^'' productive of evil It was likewise asserted bvlSr H ^^^^r^ "ot among the defendants. »y evilence a.lducXh d mte7^"Sr wis'h" """r.^^""'' ^""^ *■'■""' - an unfair bias to the j u-y) that I l.a^l |lf v \ -A *' 1*" '^^''''-' r"'*''"is<;s to s,mvh those to whom I wai a[\h 't me i de.de^i' "nI J.^ '''""1^7 "' """"^''"^ groundless, or calumnious, thanTuch a cl ar-e IFw f ^""- ^. "''''!' '''''"' ments I should haVe acted contr trv fo tf*^?*- r ' '^''^'^'Pat^'il such argu- that ther. had been em'S of Ssles^^^ "^ "'^ '^"""n' <^^''^" '"^'^'*^^ forward Vlr. Tharburn of Q eenston Mr ILr ^Hr n^ 'f ^i '^"^ '"•""-''* Niagara, Mr. Cawthra and M iScKum of Yon"!; ' \ ^vt '"?.'^^'' I'^'^^^hilfof das, all of whom could and would ImTtetildfh f ' ^^V.";.*^"'""'""" ^'^ '^•'"■ husiness in which they ha.l know, me enS^ed I h- Zf f" , transactions in do ri-lit to those whom [ owe I ^'^^/'"Saged. I h.ulevmced a determination to gentlemen whoxveie we I a ml nt Int i^ '''"^ I'Ss-an 1 the five first named stances at the t mc th^ ,' es w s E^^^ ^'^'^ '"y l''"-««"«' ♦ircum- Ihad done«//.Aa,r„'; S^to : 7u'stlvTo^^ have proved that oweda farthin" —Yet r ho.e \ln h *' ^ t*^^^ards every man to whom I timeforeviden ehllpaSi^I^y"^ »-^'--"' ^- ^h* been in tlie most preriSs stile^'o 7 .1 . 'u '^''' •'"'"*' ""^ '"••"'• '"""^hs pressed mv spiriti^^' . von Tnfn-;;^^ 'f^^'' ... my family had de- now over, I have sur£«d the ^to m '^.d c^n '« t Z^'' """"■'".' ^''''''- ^" ''^ itevastatloui*. mcbiorm, and can sit down quietly to narrate its 1 I Durlnir thP friar, wWrTi hnied two days | f.Jf much nniripfv ft«<.V,. K^ • I '■ ^''•'"' ('*'' ' •''"^ informed) at last jrave in. and a ver.Mrt »i.«.ie.,t fS^ .T ' '^''^^■''y' ""'^ "'^^o' it has several paths of pri^te ife have bT^^f ''"T '^"/'"^ "''. ^t" f^''''^^ '"»« '^e qnie vince mv Jr. It,.; » .u ^ prfseotnnent that I should yet be able toe- deSuSn'S'Serruin'^'^""^''^ "'^''^'^ '""'^ "*-'«* "-^ rlcued ^e fr^m Canadian hiSoIyJtis^rtLl rn'v"? T^^f '1^""'^"^^^ *" the annals ot am not certain^ ^ *^*^^ *'""'''^*^ ''"'^S^ Hagerman £50, but of that I in proof of which o„r„nrrL.;*Ll^'"gl^ cr™i„„lly--.M,anhev *,^/J^,;'J„,'',^^2,,T«S,m';,'; « ""ir""" 't" """■" ao-neof them -.nH „», k ,, """•^•'S" latjont 3,8000) would come heavv on -f^U:llnZ::LZ^^^^^^^^^ caution for the future, while th/loTs lattle was I aw»P« f h I ♦'f ;y P^'^'-mPit. woul.l be a timely wan.ins t.. others ""»»*- » verdirf eiiould mp br ruinous in nhly too wcW to 'ithdut good r«>a« pen to describe, lid a{»roe on tlifir :int. I'lnd nn s«iine 00 to £75(1, irnd if ;in i«j!,rp»'m«'nt. n (visos in law at f oiit^ht imt f no use— puhlic OP line for the J nitho' the jii- n stnigjrif with foot th»' hoasted iKirly .1(1 hours, f>nt they bor»' it d worthy Gcr- for, who bled head up(>n his on ; and the ev- and ;» vpr.lict itlnrford Esq. re let mf pk- and his com- 1 their duty to shed on a per- •rorm my en- it has several into the quiet t be able tf» e- cued me from 3mall by !Vfr. jii Ifres taxed II, and 2snin- he annals of . but 01' that I vourwith the lalificatioiis— > can ncarctly the Inst asst- oned. Even ays the same iterroj^atJons '■ the rioters e heavy on hiletlie loss ing to others. 1, one of the ~t, and that &1 riot %oA put impertinent patriotism to the bins'), f know all this now^ and Canada and Krii^liind too shall know it before I am done with the party. It was a wonder to many that th.- Attorney Oeneral did not institute a pro»- erution of some kind or other, but there caii be no doubt now that there was » I party in the plot not then thonp^ht of. A writer in the Kingston 1 'erald explains my conduct very correctly as fol- lows: ^ •' The immediate charge of prosecutinp f(»r this ao well as other offences a- gainst law beloi.s^s to the law offiiers of the f.'overnment. Mr. Mackenzie, the party injure I, only brought his action to rec«)ver damaj'e- for the ag;{!;ravated injury sustained by him. That was his prop.r concern : but he was not a pros - eciitin? or iiiformin!» officer. He had no more interest than any other individ- ual in the punishment itf the otfeuce. He could not even be a'witnessto prove it, having: been absent when it was eommitlerf. Nor did the public prosecutor, need any information from him. the riotous breach of the peace heinp public, and the witnesses w.ll known. On this subject Mr. Mackenzie conducted with great propriety. He maintained his own cause, and in so doing defended the riKhtsofhisfellow-siibM'Cts; but he dil not usurp the authority of the crown officers charKed with ami responsible for the execution of the laws for the pun- ishment of crime and the preservation of the peace. If the Attorney (lenernl, knowing; that his office was the place of ren h zvous for the perpetrat« rs of the most flaKrant violation of law, that ever nccuried in the Province, has indeed been their purse holder, to receive money subscribed for their nlief, instead of prosecuting them by indictment, in the ni'me of the Kinp, for their wantcm and notorious offence, what confidence can I is majesty's sultjects at large lia\e in his impartiality, as the public prosecutor ? I hope it w ill'tum out tt at tin f //e- mm was misinfirt-med. Suppose the parties had been reversed, that the Trint- ing; Office de8tn)yed had been the Government Press, and the notets, persons politically opposed to the Attorney General. In such a case, would a hit-h handed riot, committed in the face and eyes of the Government, have been suffered to |)ass unpunished, in evil examplt; 1 1 others in like cases t(» ofTend, as^ainst the peace i " our Lor/1 the Kins, his crown aud dijnnity ? The an- swer may bf. found in the well known story of the Farmer and the Justice. It was his worship's bull that killed the Farmer's cow; and that alters the case.*' The Attorney Gineral was not the purse holder, he left that department to his Hon. colleague, Mr. Executive Ci u isellor Macaulay, and the only reasons I have ever heard adduced, against a criminal prosecution are taken from Judgt? Iligerman's sp'-ech in defence of the outrage. " It is won lere 1 that these gentlemen were not indicted for a riot. But the " Attorney General would not do so, because if he had, it would immediately "be said that it was d(me with intention to destroy their prospect of damages— " ao that it was difficult to know how to act." GOVEUNMENr SUBSCKIPTION PimSE. Mr. Collius the fditorof the Freeman continued from time to tim© to advert to the m^ans by which it w is reported that the rioter- had f^ot cleir of the damajjes aw rded aeainst them, aod ii the (Mid obtained jn acknowledi; n .it fro-n Colonel Fitzy;ibbnn which even his roost sanguine expectation had haidiv Hiitiripaled. We fihall here give a few Kpeci- meniof his art;uments — ^ " Outros^e patrmized aud supported. ~~\yf> are inform' d upon eood aa- thoriiy hat tfie sum ot .£62.'>. the •irnount ofdamaaes awarded h\ a spe- cial jury to the Proprietor of the Cohmial vdvocate for the destrii. tion of (lis PrititiuL'-Oiice, hns be< n raised hv piivate subscription am« toj what if railed the tnini-tprial party in this town, ^* th-H an chterful 8^ sft opial werf the coutrib-iti.ms, thi)t few evr «mo?i{r the Conspirators tbcm-/ selves, were Cdiled upoa to advaoce a i.».^er sum than rei; Mlarti From oorn.ptt.ol of povv.r, who woul I n o^. 1.^^^^^^ ^''' ^^''''••" *« tlu ca-i rornrn.irMl by hi. .i„p|p J, tl ■ '•^7'"' P >rtirul;uly wli-ri he With those r.ct. before -,- is 1 ' t 'Lll\ r V '^^'''"'' ^'""■"'^' ? •' '■ ''Mf,Yinre been HCte.f upo^/vvh.n llhn. f 'V*'" "^^^^^"^ ''^^ »<'t »t-HJ of. mi.erahip LmoHtv on.! r'n '^"^""'^'^ ^''^'''^ Colony. .„! r^rvvhobnin^ n,..joritv [ ' f ' ^^ ^''-•'J oomm.uul a swooping ;.nr,rar. service fon,! of £l> , )o 1 vp7r l ' . * ""' ^'"""''^'' P^nnanent ofonr Assemblv. .u.d woubl h m/rotri ''t^:"^'^" .^"»''" ''« a Member ' eral three thou.an,! pounds last^e.r n *".^"' '^'■'^;"' ^^n Attorney Gen- hat he r.v.iv..,|- .vber. t notVor tllo l^l T' "'r^'"' "''^"« ^'^'^ lers who tune.! thp r^uJ.ne.s f rh f n« t v ' ' V *:'""'-^ ^^n^rioan sett- ofo.r..., on the nallofcS L; torker^^'f 'r'*'--^'' -'"^ turned out b'U probably robbed of the ir /roo^^tv ,17"" ^•"- 'l""-^"- ""« hi. /Hends. «h.,.s o/ n,anyyears-„,e,e t'3; ;VhP . ^"'''"'''^V''''^ ''"J hard- P--ns and property of t e tu.^Z:^'^^'^':'''^'''' -K^J^Ue ^rvunn, ni.houtever bVing pre> ' ted /v Tr' ^ '"« "« Cro.vn Ofr.cer-vve,o it not,^in fac fo tbt P ^ ^V' "'' ''""'^''^^ l^>^^ m-ub. s.f iu secret enclave f.Km srl,.! "'^'/'^f ■^; « '«vv ajjents of po/er nnd the opptvss.on of their f^Wow ." t" td'^'^r" «^'^-"'<'-e-ent t.ce, ro the n.in of the Conntry vvi'lw h^ '"V'','"" f*'""^ into prac - fro.,, whom or when, . origin fe'd ho „,sf 'T'^''" ''"'"« ^'''^ » » ''"ovv or.ro later »vit ,♦ ' i ' "'^"'\^^ "> ^'^""omise. by , *^"//.vr,; vvhatr.medy inhere to.. oVamL> -•^/"^'^ ''''' '^'^'''!f tf'e sun, of £6^, can he raided , Vf^h' '" ^*"^^ ^^''^ ' »vherj «ervators of U>. p.^ce. at .^ /IL JT ^ "^ ""''"" ^'''* ""'""-a' Con. P-rm.nt., .bo ire .aid to Z'cZ^'^, ^'''^ ''\ ^^" '^^^'^^ "^^o* to^.f..v to. expense of a n.,.;;,;; 'rii;; ^i^;::"^-^ ^^^-^ -ch) l»wu,gv^yrem«rkab],avowii. ^'•'^""•'^'•» ^«'«n«» Fit.gibb., thJ%l Sir, In yrt leiiry'rf . oifj tae .V / c. not 'I tn oft'ieo'i witk (Wy Af y -;/ his exc" his excft the fun I cy fl'er / I d.t .] ernor frc his I'.KCv. you, anr reprcscn ment. with the as fact, \ rariunce those cal the inex| self tool) sidfTfd (u hood I h ricattd ti readily a table per I requ. letter in t Wlien at the mc •' We t such a w! and expoi one of hii Serts in tl^ telii{5ent j ly sneakii expenses illet;al an. was ''the ciful bea» trate, the because a is that th( frojcd, n. the *'rf^ intention indeninifii " And, ^r &VW d tot-il supprffssiou, ir, wlieio JH iinj' •nil/, or l/iirtif d,,!. inilnily vvll'MI he '"jlliHti iitnong hii luMion of onofire <''/* (/oifars piicfi ! « nTinial «' Hross ^/''//(i/i fiacli, til PP'T Canada ! ! ! s HVStcm has not » be drpadoil by it not for a t'vvc tills Colony, in- woepin-,' juid o- *'>0, in I spi'viie <' Sir P'Te^riiiie tbftr permanent le hand' ofold, pie of'tbi-* Prov- 'I •>« a iVI(md)er Attorney Gen- ', "M Kxftctjtive ;• tlie and turned ont Mid his /Hends, f'iL and hard- othcial desper- i;*' a;^ainst the > t ft r cats in ej;. I- indinted by a iMits of power iirandizement, Inns into prac- al>l« t > know here. th«?n, u re a sleek as- l^altry sum of elipve not.— I nifiiT sin hour ^ vo the thirty York ; where natural Con- heads of do- lollars each) name was at >boa th» ftl- T* ikt Elitor of the Canadian Freeman. York, June 1, 18«7. In yrt»»r pupff of ypster lay yo i tiikf allision to me and say that his l]xrj>} Ifiiiry'ii ii.t n ' vra at thi? hua I of ■» li^t «• irrii ision about by me in order to ladeni* »« nify tae ri »t<'M aij.ipiy tni« Cni^ aw.irlr I nsainst them by Uu' jury Mfconlurj u))on 'rut irr.r.i'H -S'lt litat'- Ibim .v ..v o/ iiity, and I ha not 'I wi^k f'tr the concfalmtnl of unif simple tlep I took in the acromplishinfnf. offitohjcctlkail i« vietM, ani tohxch orifrinatrd tntireli/ and sponlaneouslf/ tritk mifirlf. Ify ');i/i/ ohiect in publicly tioticin;; your assertion is to state that as rcsp«'cts his erc'll'sucy thf li^ut-n i it tijovernMr there is no truth at all in it. 1 know that. hi3 excell'mcy nercr routributr I a ^hillint; either directly or iri'lirrrtt}/ towanh the fun I you allu ie to, nor, hare I i single n-ason to suppose that hisexceileu- cy ever htari a syllatile of such contribution. I do not in ike this declaration to defend the character of the lieutenant rot- ernor from the aspersions of a />M'W/c ca/umn/(.7()r, becausti as far as regards his exctdleiicy it would be siipernuoim for me to do so ; but beinji; alluded to by you, and best knowing the circumstances of the transaction you have mis- represented, I deem it my duty to give a public contradiction to your state- ment. For there are many honest well meaning persons, little actpiaintei with the bold confidence with which falsehood is nl)W so frequently piitforwanl as fact, who must naturally believe that such statements cannot be so much at rariunce with the truth as they actually are. Especially as the fabricators of those calumnies so ingeniously mix up fact and falsehood as easily to deceive the inexperienced rea(h;r. Thus upon the well known fact that I nierested my- iflf to obtain tssistancr for individuals about to suffer for condurA which I cori' sideredas the inevitable result of the wickedness of others, is built up the false- hood I have now exposed. 1 have no doubt in my own mind but that you fab- ricated this falaekood— it may he however that I am mistaken, and I shall readily admit that I am mistaken, if you will publish the name of any respec- table person as your author. I request you to let me know know by the bearer if you will publish thij letter in the next number of your paper. I am. Sir, Your obedient servant, JAMES FITZGIBBON. When Colonel Fitzgibhon had thus confessed his partnership in j^uilt, he lay at the mercy of the editor he had insultwd, who Ihiii disjiose* of him — •'We ask the impartial reader, did ever an official man commit himself ii such a way ? did ever a loyal sycophant so incautiously betray his own secrets and expose his own depratity? Colonel Fitzgibbon, Deputy- Adjutant-Ceneral, one of his eKcidleucy's suite, a magistrate of the Home district, publicly as- serts in the face of an insulted cominunity-.-in the face of n verdict from an in- telligent jury— in the face of law and justice— thai his "conduct," in private- ly sneaking about among the York officials with a subscription list to defray the expenses of a daring outrage—" was dictated by a sense of duty .'" and that the illegal and infamous conduct of the destroyers of Mr Mackenzie's property ^vas " the irevitable result of the wickedness of others ! ! !"— Good and mer- ciful hearens ! wat there erer such doctrine preached up by a British magis- trate, the dispenser of law and sworn conservator of the public peace ! — that because a little scurrility is published in a newspaper, " the inevitable result" is that the house must be illegally and forcibly entered and the property des- troyed, no matter whether the ovVner or hi* creditors sutTer by it!- and that it is the " rfy^y" of a magistrate, instead of preventing the outrage, to counteract the intention of the law by " spontaneomly" collecting money to keep the rioters muemnined." " And, we must say, that in the above letter he makes an avowal that will Hr »vw damn him in the eyes of every honest man ; for, either the highly tm- .,M» „ a !.:'.* *^"'|"'t a;'aro8t til.' rioUrs for jtilii. h:,vc rerl.cf wt.mr.,n.,., tt'r 1 r^^^ "">«vo.n„K ,o shi..| J fhrrn from tl,« •>'!'• or, th' Pin of the oJlichl ,no.: • ''' *'"'"" '"'"''^ "'t'S-tli-r uoavoiJ. th.. ..>nce,il-n .„t of any ZtJ^l '^/'^ns'of.luf,,, aol h- l,.,s oot . w,.|, f„r in the.,,, it he a thins '>f w IHm « r ol" iirT' r'''"'''':'''^''^ ""'"^ /..•....//•;•'-. triS..ti,J;: 11 we •!vll';;;;;;'rj;:^^,^;:-';;;-'y tinn, of th. list, nor .o„. ly .'n„ ,..ihi. f,„. i.i, ,„::[;,; ;',yj' -' "^ ;»'^ ;• i«";t .v 1 s...„ tua, it i. ^hoif t<. st.h,|,„rir!,t3.,,- tl ., p.o".* th , ?. ' ''"'^ ^ "' "V^^ '^^^''^'" "^« =>tt«'"l>t ?■.'- ^vhicf, pus th-. law : . ' tU „ tit rrr'l'T^ '^' tl^ co|.,ny.-a m.-L le-- th. we.k at th. ntUnhe Vrin' "'ai iT' I,''"" " ■'•^"^*' *^'-' P.ic.iraciith, ?r(Ms..9tof th- hu .. nw -^ "u ''/'''.'^''y' '» '"'-i'^'ire which VM li.liv,. h;v,rt?he rirhest n- a 1 1 •i'^ 'T ^^ "^V' "'' '" ''"' '"^"'•i<"« and an I o «t^a,^.,.--m^,„,,/;^,,^;, 'V; f ''" ' '^^ an t ai.st l.rect promi-.n for villaoy tytyra,.t, that f.ucies to hi n "if tif h^ Wnere, we ask, is th. olH.-ial pet- w.c'iH 1„ -Hs of others." wl" w I re fr .^. hi ^*'*"'':'' J'?'^'"^"'*«" f>y "the ly amut fro:n ...Uc.. t,, orKc^ a,, CrZu- '""'"'•' ''f"' '.^'^y* '*> ^"•^^^ private- tlict of anho„.st juryTthecM.nr^v ?'."'L'"^;""'''^^ fro n Jh. v.r- to the ••r.thrHo^Hi thrr" n'o?.rSt 'oMt"pV''''^ ^"'•'\i ^"''P^''^ ^y '*-"'" pent .n this fool ronspincv to dJj.ffi. ^ ^'"' '"f'*' ' '^"' "«" ^ •>''* the a- lVlit«"-willdot,ieirJatT--.fhiffl,"« i . ^"'"'' KUar.i.;,!V o, ,.i, .)eoplt.-» an I that thev w.il K^ onr^. '^",«^LTi P^ l^'l f''' ' •«•> ''"'^1'" - *«/. ^> .;i// rm .,ice in hriTlitJTw. ^.!, """"f' "^^ '"^y '" '*• «»' a fif per- I hafi di/f CAPT. LYONS. ^^y'^^^^^o^^^^^U^,;:,;^^^ IVfaifhndi, ^xtr.mely „„. to .laps, without p.rc.SinVir h. otfio at . 7' ""1^ '"J""" ' '^"' ""'»""•' '^««'*« fc^ ■ f the riot, aid learnt iW.U tClP'^' "'^ ^'^^ •"•°''"«« '^^ '-""^ "«»- *iw ihro- the plan of the miai.u.y." HhetSI^TT''^ '" l'^*"^' ' «««" atrjr, „i3 exceUency was to appear ignorani •! 'irni liMring of tlie rs for JCHi'j, h.ivc lemriirtt'I, (IP Cwe,l the ™i J.i .M'ople's ■ «r)r iiottom - fte person who '■e law, and de- not a jit per- !" their house, "xtrpmely un- lloHi'i wneliB the least no- place, I soon iriij^ourant •£ ihis n«tnrinu4 riot, lM»inK it to the trio (llilller, Kof)inM>«, nml Mnrftulnjr) to jel out of the Hcra|M!ii easily as they coikf I foiin ! ih.it his tx« ! Capt. L^on.i from his conll lentiai situation in his olRoe, and a hrief notice t>f the lot in neit S..tnr,lay's (tizette. Tliis was all frtroed work however, and Ci'pl. L>oii9 was soon reinstalled in the very responsihie and Inrrative post of Re, stir of the Niagara district, vacant by the death of Judge Vn-'iA\'n son, •in I is now a barrister in the higher coorts of our immaculate jii licinry. From one end of this continent to the t>ther, the press cried shame on (he press riot, but ill (Jaiiada it crie 1 in vain.— Such services as the rioters performed are not often soon forgot. — Even (Jolonel I'itzgihbon met hiw reward in an appointment to the Ilea I clerkship of the .issemhly of Upper Canada-hut there will pro.ably he an if or two before installation. During th.^ time my press was dormant, an nnonymous writer in the Lt vvis- ton paper (and whom I ascertained beyond a doubt tube that same sycopi an- tic tool who told so many untruths on Mr. Oourlay and who now writes black- guard nonsense by the sheet as Watkin iVliller) was prevailed upon by the M.-it- lan Is to undertake their case for a con^i'leration. Don Qui.icotte an I his hi le •locking termed their joint effort, " A Subscriber," — and meanly attempted t/> dive into iny personal affairs, and to do me harm with the public at a time whi ti I coul I not reply — I despised them for this conduct and shall despise them t* the end of the chapter— but as " Blue" is intimate at head quarters the (ollow- ing extract is inaportant, being joined with Lyons's late elevation to the l(e- gistership. " In dismissing from his ollice a young mm to whom he is said to have been much attached, the. Lieutenant Governor certainly acted with sternness (»f jus- tice worthy his high character and situation and gave a convincing proof (if proof was wanting) of his zeal in the support of the laws and of that order which ia necensary for the well being of society." [From the Brockville Recorder.] Freedom of the Prr*» — It is .. po>ili ii geiu^aliy laid down by the un- biassed advocate;* of the Biiti:-h Constuutioii, that the 1^ reedoni of the I'res^ is the great bulwark of ihe murh boasted hherty of BritoiK-t. la till- tliere IS much reason for in what country is liiier'y ez^rcised in a more exten>ive degree ? .in*l where has reHnenient and projiperity risen to a greater height than where (he benign intluenceof a free and unshack- led Press has found its v\a> .' Yet it has met with severe and determio- ed opposition from ispirint!: deiiiagngnes, and those heartless and unpriii- cipied men who can Mt themselves down in the midst ot the ruiiis a( their country, ifihey can but obtain a sh ire of h«r spoil and fatten on her de;;rridati()n fliat sunh men shouhl be found, i.-«, to every true patriot^ a matter of regret ; but that there are such, almost every age and coua- try can furnish us with examples. It i> not therefore a matter of .•iurpn-^e that our Capit^il should nourish in hef bosom a party of men capable «»f ■J' put down by physical force, any person who should havn tin tiriiiiies* 3ud temerity to hold u|i to the view the t^fue «ud uodcriiaaded measures h f (24 ) found, is if,deed not s ruoh ^^J^Tf'"' ^'". "'^^ '"•^" «'"'"!'' '"^ nmed on th. Libe,t?o7^'l^^":"«/'^'he most dar.n? outrag J.v.r con. leadthemto visit ritrthrrnn''",?''.'^''!'"""' "^ ">^ ^'•'^^'"co .hon j iHws of our coumr7 ;^u', be7o T' '"'''f «»*°" «v.rv violation of ter of surprise .nTnTZt ' ''^ """" °^ ^''"^"^ and justice, a n,a( I'MvatP property of ,n inZ T ..^u "''='' ^"' ^^'' ''"^trur.tion of tlw "oionK L LniL i I part; i^ ht' ToT" 'i'' v' ^^ ^7^'^^* -hscripfi:! were the. ontribution-^hyrJ""' York, and thnt so genera ^''^re, were unde h.n ci^^t^r" ""'"V '^'^''P^'^^'f-'^ "f ,t o' fr..r. where »villweTo^L^^''^'';^'''""^'*'"•''•''^^ *''«^'i^ ''^ sum from those indivrnjfwC '? P"-*^'^"^!'""' ^^en for a tuiln.. esorcise of person :1'!^^^^^^^ '« "'- "r""« '^^ ^^^"'•'"e -^et in th.r.pj «oral restraint s[.ouUo3ctt^^ not under the influence'^, Speaking of myself Z.i, •''"'"^^•*'«« on a similar prmciple ?' false, wh. he,^x edt^t K^^^ 7 '"' publications, whether true o- ' personal powers 'an | in rhl ""'^i';'''^"'' ^^'" '" ''^^ P^ni.ude of the.r "e. tions, L dofi'mc to a law^ To'er'^' '""t ^''^'i^l-"''".? -'^ co^ ' m. upon the province wh« «, . J ?""»' ^''''' ""^ '^^ '» '^^''^'S ■"'tij^ ' tial Jur^ barely VXte^ftl . ''""^ ' . .^ ''"" '^ ^^^^-^^^^ ^ a Spf con.true^he h?Ls wt^L^r^^^^ ''T^' -h.ch, as we^lu.u. . «^th.s, the check designed o be 3™' " ^^"''7 ^'■'"'' ' ''^' '" ''- ' 1S^D OF THE SECOND PART. ^.w^l^ ^S^-^^ ''/S/ M35 M2S m-? /^e^er.