Ex Libris C. K. OGDEN V &* '/ CXf 0-i* AN APPEAL TO THE KING'S MOST EXCELLENT MAJESTY, AND TO THE BRITISH NATION, WILLIAM CARMICHAEL SMYTH, ESQ. THIRTEEN YEARS ONE OF THE PAYMASTERS OF EXCHEQUER-BILLS; FROM WHICH OFFICE HE WAS REMOVED, ON TUB llth. OF JUNE 1824, BY THE ARBITRARY, UNJUST, INHUMAN, AND ILLEGAL FIAT OF THE LATE EARL OF LIVERPOOL, LORD VISCOUNT CODKRICH, AND LORD LOWTHER; THREE OF THF, THBN LORDS COMMISSIONERS OF HI8 MAJESTY'S TREASUUY : NOT ONLY WITHOUT ANY INVESTIGATION OF HIS CONDUCT, BUT EVE* WITHOUT BEING MADE ACQUAINTED WITH THE CRIMES OR OFFENCES WITH WHICH HE WAS CHARGED; AND NOW DENIED JUSTICE BY THE DUKE OF WELLINGTON. ' THK LIBERTY OF THE PRESS is OUT Only TCSOUrce ; It will command an audience." Juniux. LONDON: PUBLISHED BY THE AUTHOR, 6, ADAM STREET, ADELPHI; AND SOLD BV ALL BOOKSELLERS AND NEWSVENDERS IN TOWN AND COUNTRY. L830 PRINTED, BY G. SCHULZk, 13, POLAND STREET. o tbc Immortal fHcmoni of THE MOST ENLIGHTENED STATESMAN OF THE MOST ENLIGHTENED AGE, f)c late* lAtgln Honourable FIRST LORD OF THE TREASURY, CHANCELLOR OF THE EXCHEQUER, AND A GOVERNOR OF THE CHARTER HOUSE, &C. &C. &C. THE FOLLOWING PAGES ARE HUMBLY AND REVERENTIALLY INSCRIBED, AS A SINCERE TRIBUTE OF GRATITUDE, AND WITH SENTIMENTS OF RESPECT, ADMIRATION, AND REGRET, THAT NEVER CAN CEASE, BUT WITH THE AUTHOR. " And artthou, Canning, ofthatsacred band? Alas, for us too soon !" " Sprung ardent into action : action that disdain'd To lose in deathlike sloth one pulse of life, That might be sav'd ; disdain'd for coward ease, And her insipid pleasures, to resign The prize of glory, the keen sweet? of toil, And those high joys that teach the truly great To lite for others, and for others die." THOMSON. PREFACE. " A heavier task could not have been imposed Than I to speak my griefs unspeakable; Vet, that the world may witness that my end Was wrought, by injustice, not by vile offence, I'll utter what my sorrows give me leave". Comedy of Error*. The period having arrived, when it has become a duty in- cumbent upon me to vindicate my character from the disgrace and obloquy, which inevitable attaches to that of an individual removed from the head of a public office of great trust and responsibility, I shall not shrink from the task ; however irksome and painful its execution may be to myself, and however distressing and agonising the result of my labors may, and no doubt will prove to several indi- vidual whose conduct I have necessarily animadverted upon, in the progress of my narrative. Such of that number, who composed, either my official equals, or my official inferiors, I consider too despicable to waste another syllable upon them, or upon their conduct. I shall consequently now leave those individuals to their own meditations, to the reflections of the public, and to the process of the LAW. The Earl of Liverpool, one of that number, who composed my former official superiors, has, since this pamphel was put to press, been called into the presence of his Maker the just, all-wise, and omnipotent Judge of the Universe ', " There is no shuffling, there the action lies In it's true nature ; and we ourselves compelled, Even to the teeth and forehead of our faults, To give in evidence." Hamlet. I shall therefore abstain from making any further remarks upon his Lordship's conduct towards me; but merely express my hope, that God above will render unto him more JUS- TICE in Heaven than he did unto me \ipon Earth. Lord Viscount Goderich, and Lord Lowther, two of his Lordship's quondam colleagues; and the Duke of Wellington, whom I considered one of that number, now composing my VI PREFACE. official superiors, being still upon the face of this transi- tory Globe, I shall address myself to them in the language of our immortal bard : " How would you be If he, which is the top of judgment, should But judge as you do? O, think on that '."Mearurefor Measure. And remind them that, for whatever observations there may be in the following pages that give offence to their Lordships, they have no one to thank but themselves, Had any one of those Noblemen, when in power, rendered me the slightest degree of JUSTICE, this pamphlet would never have been published; and consequently those observations would never have been made. But, if the ministers of a free coun- try (or, at least of a country in which the LIBERTY OF THE PRESS is, most assuredly, enjoyed to it's fullest extent) will commit unjust ACTS, they must expect to hear zmpleasant TRUTHS. The LIBERTY OF THE PRESS is the palladium of all the ci- vil, political, and religious rights of an Englishman, Jun. That 1 have availed myself of this palladium, in the fol- lowing pages, I am free to admit ; but, that I have not ex- ceeded the bounds of the LAW, I atn bold to assert. As, how- ever, every one of those individuals, on whose conduct I have therein been compelled to animadvert in strong, daring, and censorious language, may not be so well acquainted with the law on this subject as I myself now am, (unfortunately by dire experience,) I shall submit for their information, the following extract from No. LXX. of the Quarterly Review, on the law of libel: " The law denounces as libellous all writings published with intent, and hav- ing a tendency, to revile, or ridicule, or degrade the king and his govern- ment, the houses of parliament, the courts of justice, the magistrates or, in short, any private individual, however humble and obscure. There must be, 1. a publication 2, a writing, or other sign, or representation 3. an offensive tendency to vilify and lower in public estimation and, 4. a malicious intent to produce such effect. When considered in the abstract, this definition may appear, perhaps, vague and unsatisfactory ; but when applied in the concrete, when the particular writing is brought to the test of the law, and the question is to be decided, whether that be or be not marked by the re- quired characteristics,. much of the difficulty vanishes ; and (except when pre- judice or party-spirit warp the judgment) there are few cases wherein any two intelligent men would long differ in deciding whether the libellous quali- ties are made out or not. " No publications, therefore being libellous, but such as are distinguished by all the above criteria, a slight observation will at once show the wide and multifarious field of free publications, which is left totally open from the re- straints of the law. The noxious or defamatory tendency of the writing will not alone constitute it libel, where the circumstances are such as to negative a wicked or malicious, and to raise a presumption of an honest and conscientious. PREFACE. VU motive in the publisher. On this principle, fairly and temperately, to agitate abstract or even practical questions of government, policy, and morals, receives no check from the law, so long as truth is the real, and honest object of the writer, and the pursuit of it is not made a co- lour for attacking and vilifying the existing government and institutions, or for tainting the public mind with immorality or irreligion. So also with res- pect to public men, and their measures and conduct, from the highest indi- vidual in the realm to the lowest civil functionary. Their proceedings and conduct in their public character may be made the subject of discussion, and of censure even strongly expressed, provided the writer confine himself to their public conduct, and clothe his remarks in a decent and temperate, though censorious, style. In a prosecution for a libel on the highest person in the realm, Lord Ellenborough thus expresses himself: " The information treats " this as a libel on the person of his Majesty, and his personal administration " of the government of the country. But there may be error in the present <' system without any vicious motives, and with the greatest virtues on the " part of the reigning sovereign. He may be misled by the ministers he " employs, and a change of system may be desirable from their faults. He " may himself, notwithstanding the utmost solicitude for the happiness of his " people, take an erroneous view of some great question of policy, either <{ foreign or domestic . I know but of one Being to whom error may not be ' imputed. If a person, who admits the wisdom and the virtues of his Ma- ' jesty, laments that in the exercise of these, he has taken an unfortunate and ; ' erroneous view of the interest of his dominions, I am not prepared to say that " this tends to degrade his Majesty or to alienate the affections of his subjects, " lam not prepared to say that this is libellous but it must be with perfect de- " cency and respect, and without any imputation of bad motives" The Kingr. Lambert, 2 CampbeIVs Reports,4Q2. So also with respect to private individuals though the statement of falsehood is punished both civilly and criminally, so long as the writer keeps within the bounds of truth in his communications, his real and effectual responsibility to the law is very slight. He is subject neither to a civil action, nor a criminal information. It is true he may be prosecuted by in- dictment ; but the serious disadvantages to which such a proceeding subjects the prosecutor, render it of comparatively rare occurrence and inefficient ope- ration. And it is to be observed, that neither this, nor any proceeding at all, can lie supported^ where the publication is made under such, circumstances at shon- the writer's motive to have been laudable, and the publication to be use- ful or necessary for any fair objects in the ordinary relations of life.'''' Having, in the body of this pamphlet, made all the obser- vations 1 have, at present, to make in vindication of my own character and conduct, as connected with my removal from the office of Paymaster of Exchequer-bills; and having now concluded the justification of the mode in which I have thus vindicated my character and conduct, I shall, without far- ther preface, introduce my readers to the narrative; in a confident belief that, when they have perused the whole of the following statement with that attention which, as I humbly conceive, it unquestionably deserves, they will ONE and ALL agree with me, that to avail myself of the " LI- BERTY OF THE PRESS was my only resource," and that I have not abused, but that have made a fair, proper, and legi- timate use of that invaluable LIBERTY. " La raison du plus fort est toujours la meilleurp. " Nous 1'alloiis moutrer tout-a-l'lieure." LA FONTAINE. " He who is strongest always argues best : " Tliis truth my simple story shall attest." THK Exchequer-Bill Office consists of a board of three paymasters, of an accountant and six clerks. In conse- quence of some irregularities alleged to have been committed in this office, a committee of the House of Commons (of which the late Samuel Whitbread, Esq., was chairman) was appointedin 1810 to investigate the subject; and the report of that committee was such as to induce the then Lords Commissioners of his Majesty's Treasury, to oblige one of the paymasters to retire upon a pension, and to degrade the accountant, Mr. Palethorpe, to the station of that of chief clerk. Mr. Edward Henry Nevinson succeeded the retired paymaster, and the late Mr. William Waterfield, the de- graded accountant. On the 21st of April, 1811, Mr. Henry Jadis succeeded Dr. Cudlipp, one of the paymasters, who died that year ; and, two months afterwards, 1 succeeded my valuable friend the late Joseph Planta, Esq., who retired upon a super- annuation pension, for the express purpose of making a va- cancy for me. Soon after I had taken my seat at the board, Mr. Nevin- son proposed that we should arrange our respective months of attendance, or, perhaps more properly speaking, our months of vacation. This being agreed upon, Mr. Nevin- son made first choice, Mr. Jadis, second, and 1 third ; that is to say, 1 had no choice whatever ; or, at all events, it must, I think, be admitted that it was but, that which is usually denominated " Hobson's choice." 1 About three years after this arrangement had been made, Mr. Nevinson, discovering that he had not selected those months of vacation which were most convenient to himself, applied to Mr. Jadis to make some alteration with him. This, however, Mr. Jadis peremptorily refused. Mr. Ne- vinson then addressed himself to me with the same view, upon which the correspondence, given in the Appendix, took place between us. The original salary of the paymasters is 400 per annum, each. About the year 1815, we presented a memorial to the Lord Commissioners of His Majesty's Treasury, praying for some increase. Their lordships were pleased to take our memorial into their consideration and granted us a periodi- cal increase of 100 upon the original salary, after five years, and a further sum of 100 after fifteen years service. With this, I was perfectly satisfied, but this was not the case with my colleagues ; with them it was " crescit amor num- mi guantiimipsa pecunia crescit" and therefore, in or about the year 1820, they prepared a second memorial for an ad- ditional increase to our salaries. Upon their submitting this memorial to me for signature, 1 declined signing it ; the memorial was accordingly trans- mitted to their lordships with the signatures of only two paymasters. No notice was ever taken of it ; which was of course, attributed by my colleagues to the want of my sig- nature, and their joint animosity (with individuals of their stamp) was the natural consequence. Persons who are acquainted with the nature of Exchequer Bills, know that there are bills of the respective value of 100, 200, 500 and of a 1000. The 100 bills, being easier negotiated, bear the highest premium in the market. When these bills were brought into the Exchequer-Bill Office to be exchanged, the holders of the ^200, 500, and 1000 bills would frequently request to have 100 bills in lieu; but were invariably told by me and (as I believed) by my col- leagues, that " it was contrary to the practice of the office to give small bills in exchange for large ones, and therefore, that their request could not be complied with." It having come to my knowledge that certain individuals connected with the Exchequer and other public offices were in the habit of en- joying this accommodation, which, as I believed, was invaria- bly refused to the public, I mentioned the subject to the ac- countant, the late Mr. Waterfield. Mr. Waterfield, although a most excellent man and an invaluable servant of the pub- lic, was rather of a warm disposition ; he took me up very short ; said " he did not see any harm in the practice ; and at all events that the paymasters could not, with any face, in- terfere to put a stop to it, as they had received similar ac- commodation themselves." I replied : " that I was not aware of any paymaster having been so accommodated, and that I was quite certain that I had not 5" and requested him to inform me which of the paymasters he alluded to ; he said, " Mr. Nevinson." 1 then mentioned the circumstance to Mr. Nevinson, who acknowledged that he had had one 500 bill exchanged for five of 100 each. Upon this I repre- sented to him the great length to which I understood some individuals in the Exchequer had been accommodated in this respect ; and the manifest injustice we should be guilty of, were we to permit the practice to be continued, and, at the same time, to deny the accommodation to the public ; and as it could not be conveniently granted to every individual, without greatly increasing the business of the office, I in- vited him to join me in a minute, prohibiting the practice in toto ; and, at the same time, gave him my opinion, that he having had the accommodation in one solitary instance himself, was not a sufficient reason that he should object to join me in a minute, prohibiting the practice in future. Mr. Nevinson, however, refused to join me in any such minute ; I therefore, told him that " it was immaterial to me which plan was adopted, viz. whether we strictly prohibited any person from having the accommodation in future, or whether we granted it to every one who wished to have it; But, that I was determined, that some individuals should not enjoy the accommodation which was refused to others ; and there- fore, if he declined to join me in the proposed minute, that I not only would grant the favor to every person who asked it in future, but that I should inform every holder of a large bill that he might have it exchanged for small ones if he so desired." This, my resolution, alarmed Mr. Nevinson not a little. First, because he feared that we should, in consequence, have a great increase of labour (and this gentleman like his prototype Mr. Jadis, is mightily afraid of being overwhelmed with busi- ness) ; and secondly, because he feared that the great increase to the number of small bills would draw the attention of the Lord Commissioners of His Majesty's Treasury to the subject, and be the cause of an investigation, when his peccadillo would be brought to light. He therefore, at length, reluctantly joined me in the proposed minute ; and thus ended this af- fair, to the no small annoyance of Mr. Nevinson. 1* When Mr. Jadis received his appointment, and for several years afterwards, he resided near Thirsk in York- shire, he subsequently removed, first to Bishop Stortford, in Hertfordshire, then to Croydon, in Surrey, and ultimately to Bryanstone Square, London. Daring the whole of this time, which embraced a period of 12 years, he con- stantly applied to me to accommodate him, by taking his turn of duty : sometimes pleading the hardness of his case in being so frequently separated from his family, at other times the sickness of his wife or of himself, and not un- frequently the being obliged to attend other " very im- portant business" in Courts of Law or elsewhere; as appears by about forty of his letters given in the Appendix to this pamphlet. Although I was frequently satisfied that these were only idle pretexts, and that his real object was to go grouse or partridge shooting, or to attend some horse-race, boxing match, or bull-bait, I never once hesitated, still less did I ever refuse, to accommodate him in the manner he requested, whether it was for days, for weeks, or for months; however inconvenient my so doing might be, and frequently was, to myself or to members of my own family. On Wednesday, August 6th 1823, 1 received the following letter from him in his usual strain : Wednesday. MY DEAR SMYTH. 1 have particular business calls me to the North next week, if we could make a little arrangement about attendance. I wished to have left London on Friday the 15th and to have been out of attendance till the end of the following week ; I should return to town Saturday the 23rd. If you will be good enough to attend the 15th, 18th, 20th, and 22nd for me it will enable me to effect what I wish, and / will make it up to you in any way, or at any time you ivish. I have now been four months and a quarter in attendance, and, in order to accommodate Nevinson, have consented not to take my holydays till the 16th of September, so that I shall have had a wearisome time of it nearly six months.* However, as I now live entirely in town, I think the * A shocking wearisome time of it! Six months, at 3fi hours per month!! This individual holds another office of 500 per annum at the India Board, in which he has a still more " wearisome time of it" than even at the Exche- quer; for, at the India Board, he has literally nothing to do but to count his finyers during 36 hours, not per mensem but per annum! !! less of it, but still long to breathe a week's free air in the country*. Believe me, Very truly your's,' (Signed) H. JADIS. To W. C. Smyth, Esq. I answered this letter on the day following, but, not having kept any copy of my answer, am unable to insert it in this statement. I believe, I expressed a wish that Mr. Jadis would not make such repeated applications to me to attend for him, but did not refuse to comply with his request. On Friday the 8th of August I received the following. EXCHEQUER, Friday 8th inst. SIR. Whatever your determination might have been with reference to the request I made to you, I think the answer to my letter might have been, might have been\ written with some degree of civility; a total absence of which appears throughout the whole of it. As to the great favor you seem to attach to any little exchange of duty, / deny there being any, and will venture to say, that in no office under government is there any official person but yourself that would hesitate, for an instant, at affording the sort of mutual accomodation I have desired. I am in attendance all the spring, summer, and best part of the autumn months, and it is surely little to ask of one of my colleagues residing upon the spot, and in atten- dance, to exchange three or four daysj duty with me; but, be that as it may, I will permit no one in addressing me to assume a style and language unwarranted by the common courtesy of gentlemen one to another. I am, Sir, Your's a &c., &c., (Signed) H. JADIS. To W. C. Smyth, Esq. * The reader will observe that, in the commencement of this letter, it was " particular business called Mr. Jadis to the North," but, at the con- clusion of it, the true cause is assigned, " the cat comes out of the bag" viz. that he " longed to breathe a week's free air in the country." f- This repetition is in the original, and, I think, is strongly indicative of the state of Mr. Jadis's mind at the time. J Upon reference to the before-mentioned forty letters given in the Appen- dix, the reader will perceive that Mr. Jadis was iu the habit of " asking of one of his colleagues, residing upon the spot (whether in or out of attendance) , to exchange rather more than three or four days' duty with him ! ! ! The following is my reply: August 9th 1823. SIR. Not having any copy of my note to you, I am unable to say what the exact words were which seem to have given you so much offence ; but 1 feel confident that it was not written in u a style and language which would (by an impartial person) be considered as unwarranted by the common courtesy of gentlemen one to another ;" at all events, I am certain that it was not intended to be so. That I was displeased at being so repeatedly applied to by you for exchanges of duty is certainly true, and consequently the tenor of my note may have partaken of that state of mind ; but the most effectual way to prevent any Unpleasant- ness in future, is not to make any similar request to me, except when obliged to do so by ill health. Your's faithfully, (Signed) W. C. SMYTH. To H. Jadis, Esq. Notwithstanding Mr. Jadis " denies there is any favour in the little exchange of duties required by him," still he did not hesitate to accept of, " the sort of mutual accommodation he desired;" and, after receiving my answer, off he set for the North. On Saturday 16th, when returning home from the Ex- chequer on horseback, my horse fell to the ground, by which accident I received a violent concussion of the brain. The very evening of the day, on which this accident happened, I sent my servant with a verbal message to the late Mr. Wa- terfield, the accountant, to acquaint him with the circum- stance, and to request that he would apprise Mr. Nevin- son thereof, in order that he might attend to the duties of the office, as Mr. Jadis was in Yorkshire. Mr. Waterfield wrote me the following note, but, I imagine, did not send to Mr. Nevinson, as the drafts and other official documents were forwarded to me, for my signature, for several days afterwards. EXCHEQUER, }8th August, 1823. DEAR SIR. I am very sorry for your accident ; however, there is a happiness in its not having been more severe. Pray do not think of coming out any sooner than you find per- fectly convenient. I enclose two drafts for signature. 1 am, dear Sir, Your's faithfully, (Signed) WM. WATERFIELD. To W. C. Smyth, Esq. Finding that the injury I had sustained from the fall, \vasof a much more serious nature than I at first conceived it to be, I wrote myself to Mr. Nevinson requesting him to attend for me, and received from him the following answer : HAMPSTEAD, September 1st. DEAR SIR. It is necessary I should inform you that I am coming into attendance regularly in a few days, conse- quently it will not be possible for me to undertake the whole duty of the office, particularly as a payment is advertised, which will render the attendance of two paymasters indis- pensable. You had better, therefore, apply to Mr. Jadis to take your place after Friday next, on which day, I begin to attend on my own account. I am sorry to hear of your ac- cident, though I had been informed you have been in public. Your's truly, (Signed,) EDWARD H. NEVINSON. To W. C. Smyth, Esq. After the before-noticed correspondence, which had taken place between Mr. Jadis and myself, the reader will easily perceive that I could not ask any favor of him ; I therefore addressed the following letter officially to both my col- leagues. 184, SLOANE STREET, CHELSEA, September 3, 1823. (A). GENTLEMEN. Finding that the accident which befel me on the 16th ult. is of so serious a nature, as will, in all pro- bability, prevent me attending my official duties for several weeks to come, I deem it proper to forward to you a certifi- cate from the medical gentleman under whose care I am, and to request the favor of you conjointly to officiate for me, until such time as my health is restored I am, Gentlemen, Your's faithfully, (Signed) W. C. SMYTH. To Edward H. Nevinson, and H. Jadis, Esqrs. 8 (B). I hereby certify, that William Carniichael Smyth, Esq. is under my care, labouring under the effects of a severe con- cussion of the brain, and incapable of attending to the duties of his office. THOMAS GASKELL, Surgeon. September 2, 1823. 8, Wellesley Street, Chelsea. The same day I received their answer, as follows :- (C). EXCHEQUER, 3rd September, 1823. SIR. We are obliged to doubt, not only the assertion in your letter, of having received so severe a concussion of the brain, on the 16th of August, as to prevent your attention to business, but also the accompanying medical report, as we have received positive information of your having been ac- tively employed in public since that period, upon several oc- casions, independently of your appearance before a judge at his chambers, on Thursday, the 28th ultimo. We are, Sir, &c., &c., &c., (Signed) H. JADIS, EDW. H. NEVINSON. To W. C. Smyth, Esq. The whole of the foregoing letter is in the hand-writing of Mr. Jadis.* On the receipt of it, I immediately addressed the following letter to the Secretary of the Treasury. 184, SLOANE STREET, September 3, 1823. SIR. I beg leave to acquaint you, for the information of the Lords Commissioners of His Majesty's Treasury, that, when returning home from the Exchequer, on Saturday the 16th ultimo, on horseback, my horse going at full trot fell to the ground, and flung me on the head, with such violence as to render me completely insensible. 1 was taken up, and very humanely treated by all the gentlemen and other persons connected with the Penitentiary at Mill-Bank. Mr. White, Surgeon of Parliament Street, a physician, with whose name I am unacquainted, and Mr. Pratt, the House Apothecary, all concurred in the necessity of my keeping myself as tranquil as possible. Circumstances, not necessary here to particularize, unfortunately occurred which hjve kept my mind in constant agitation ever since ; the consequence is, that 1 am still suffering very seriously from the effects of the concussion which my brain received from the fall. * It is worthy of remark that, Mr. Nevinson, who, fit is evident, from the correspondence between him and me, given in the Appendix), is sufficiently tenacious of his right of seniority at the Board, upon this occasion, submitted to " play the second fiddle," which, I thiuk, it must be conceded was rather in the nature of " a Base .'" 9 Thus situated, I wrote a letter to my colleagues, of which the enclosed (A) is a copy, accompanied with the medical certi- ficate marked (B) from the gentleman who has attended me since Mr. Thomson of Sloane Street left town, for Edinburgh. To this communication, I received a few hours ago, their answer marked (C). I have now the honour to transmit to you a certificate which Mr. Thompson gave me, previous to his leaving town, corroborated by one from Mr. Gaskell ; and to request the favour of you to solicit their Lordships' permission, that I may absent myself from the duties of my office, until such time as that gentleman pronounces me capable of attending to business. I have the honour to be, with the greatest respect, Your most obedient and humble servant, W. C. SMYTH. To S. R. Lushington, Esq. These are to certify, that Mr. W. C. Smyth is at present confined to his apartment, in consequence of a fall from his horse, which produced a severe concussion of the brain ; and that he cannot, without considerable danger, venture to go out, until the effects of the above accident be removed. ANTHONY TODD THOMSON, Surgeon. 91, Sloane Street, August 25, 1823. In consequence of the absence of my friend, Mr. Thomson, Mr. W. C. Smyth has fallen under my care. I found him in the state mentioned, in the accompanying certificate of Mr. Thomson ; Mr. Smyth's mind has been much harassed by domestic misfortunes, and his recovery materially retarded thereby. On the 28th ultimo he did, contrary to my advice, go into London, and in the evening of that day, his symptoms became alarming. Since that time he has been confined princi- pally to his bed. He is now slowly recovering, but tranquillity of mind and body is absolutely necessary, to effect his cure. THOMAS GASKELL, Surgeon. 8, Wellesley Street, Chelsea, 3rd September, 1823. When this letter of mine, together with the documents which accompanied it, was read at the Board of Treasury, one would, I think, naturally have supposed that the Earl of Liverpool, or the Right Hon. Frederick John Robinson, (now Lord Viscount Goderich), or any man of common un- derstanding, who happened to be present at the time, would 2 10 immediately have perceived " that there was something more in this business, than what met the eye. That Messrs. Jadis and Nevinson must have some private pique against Mr. Smyth ;" and that he, or they, or one of them, possessing the slightest degree of common humanity, would instantly have directed that an immediate answer should have been transmitted to me, intimating that " I had their Lordships' permission to absent myself from the duties of my office, until such time as Mr. Gaskell, pronounced me capable of attending to business." But, gentle reader, what was the fact ? A Board, composed of such men as the Earl of Liverpool and Lord Viscount Goderich men famed alike for their intelligence, their honor and their hu- manity permitted me, (who had transmitted certificates from two as respectable medical men as the profession can boast, and from one as eminent as, perhaps, ever graced it) " to whose recovery from a serious and alarming accident, tran- quillity of mind and body was absolutely necessary " I say such men as these, under such circumstances as I have des- cribed, permitted me to remain in painful suspense and in distressing mental anxiety, during a period of nearly two months ! ! ! In the interval, the following correspondence took place first, between me and Mr. Nevinson, and then between me and both of my colleagues. EXCHEQUER, 9th September, 1823. SIR, Mr. Jadis being absent, it will be impossible for me to get through the business of receiving the bills, on the 1/th and 19th instant, (the 18th being a holiday) without assistance, the amount with the public being upwards of 10 millions, exclusive of what is held by the Bank. It is therefore necessary 1 should be informed, whether it is your intention, to be present on those days, in order that I may know how to act, I am, Sir, Yours, &c. (Signed) E. H. NEVINSON. To W. C. Smyth, Esq. 184, SLOANB STREET, September 9th, 1823. SIR, In reply to your's of this day's date, I beg to refer you to my letter of the 3rd, addressed to yourself and Mr. Jadis, and request that it, together with the medical certifi- 11 cate which accompanied it, ag well as your answer, may be entered on the Records of the Office. I am, Sir, Yours, &c. (Signed) W. C. SMYTH. " To E. H. Nevinson, Esq. Exchequer-Bill Office. Not having been honored with any reply whatever to the letter I had addressed to Mr. Secretary Lushington on the 3rd of September, I began to entertain fears, (and, I think not without some cause), that the Earl of Liverpool and Lord Viscount Goderich, instead of viewing the conduct of my colleagues in the proper light, had lent but too-willing an ear to their false and base representations ; and that, instead of crushing their foul conspiracy in embryo, their Lordships were rather disposed (if not by active, at least by passive measures) to give it encouragement. I therefore deemed it prudent, as J found myself somewhat better, to return to my duty, with as little delay as possible. In order, how- ever, that I should not take my worthy, humane and accom- modating colleagues by surprise ; but, on the contrary, being anxious to afford them an opportunity " of manning the sides,*" (should they feel so disposed) to receive me, on the 27th of September, I addressed them as follows : 184, SLOASK STREET, September 2Jth, 1823. GENTLEMEN, Although I am by no means recovered from the distressing effects of the severe accident, which I met with on the 16th ultimo, yet, finding myself considerably better, I beg to acquaint you, that it is my intention, should I not have any relapse before Thursday next, the 2nd of Oc- tober, to resume my seat at the Board, at ten o'clock in the morning of that day. I am, Gentlemen, Yours, &c. (Signed) W. C. SMYTH. To E. H. Nevinson, and H. Jadis, Esqrs. Exchequer-Bill Office. * A mark of respect always shown to a Captaiu of a man of-u-ar, when he returns to his ship. 12 On the 30th I had the honor to receive their reply, to wit : EXCHEQUER, 30th September, 1823. SIR, The notorious transactions you have been concerned in rendering it out of the question for us, as gentlemen, to transact business, or associate with you, we have come to the resolution of stating our reaspns for not doing so, to the first Lord of the Treasury, at the same time we think it right to apprize you of this intention. We are, Sir, &c. &c. &c. (Signed) H. JADIS, and E. H. NKVINSON.* To W. C. Smyth, Esq. If this is not a libel, and a malicious libel, I know not in what libel and malice consist. If this is not a conspi- racy, and a conspiracy of the blackest die, I know not in what foul conspiracy can " show its dangerous brow/'f or " mask its monstrous visage." ! ! ! But, gentle reader, let us dispassionately enquire, First, what " the notorious transactions" were " in which I had been concerned, and which rendered it out of the question for any gentleman to transact business, or associate ivith me?" Secondly, what was the character of one of these most fastidious individuals ? And lastly, what was the conduct of this par nobile fratrum in this very transaction towards me. First then, the only " notorious transaction" in which I am conscious of having been concerned (and, if publicity being given to a transaction constitutes notoriety, 1 certainly must admit that this transaction of mine was sufficiently noto- rious) was in putting a lunatic wife under the care of Dr. Burrows a gentleman alike eminent for his humanity, and for his skill in the treatment and cure of disorders of the mind: or, if Mr. justice Park, and Mr. zw-justice Jadis, will still have it so ; " of having been concerned" in putting a sane wife into a wzflc., Sfc. Ten days having elapsed without being honored with any reply ; and the systematic insults, to which I was sub- jected, increasing daily, on the 14th of the same month, I again addressed Mr. Secretary Lushington, as follows : EXCHEQUER-BILL OFFICE, May 24th, 1824. SIR, 1 am sorry to be again under the necessity of troubling the Lords Commissioners of His Majesty's Trea- sury, on the subject of the insults to which I am so frequently- subjected from several individuals, over whom I am placed in this office. Upon opening the door of the board-room about eleven o'clock this morning, I observed Mr. Palethorpe standing at the fire without his coat, 1 therefore, said to him, " Mr. Palethorpe have not you got another coat to put on ? * This individual debauched the wife of the late Mr. Walker, proprietor of the Percy Street Coffee House, for which crime a Jury of his countrymen condemned him to pay THREE HUNDRED POUNDS damages.! ! ! 27 For it does not look well for a gentleman in a public office to be without a coat." To which he made reply : " No, Sir. I have been wet to the skin, and am drying my coat." 1 then said, " 1 think if you ride into town, or come on the outside of a coach, so as to be liable to get wet, you had better in future keep a dry coat in the office." Upon this, Mr. Pale- thorpe (pointing to Mr. Eagleton who had shoes on), replied in a most impertinent and insulting tone of voice, " You might as well find fault with him for not wearing boots." I answered, " Sir, don't tell me what I might as well do ; I tell you that it is not decent, or proper that you should stand here with your coat off, and therefore, desire either that you put it on, or leave the office." To this he rejoined, " Sir, 1 shall do neither." I shall not presume to make any comment on this beha- viour of Mr. Palethorpe, but simply state that it is in unison with the whole tenor of his conduct towards me, since J returned to my duty in October last. 1 therefore request that you will be pleased to take the earliest opportunity of soliciting their Lordships' attention to this letter, and also to that of the 14th instant. 1 have the honour to be, Sir, with the greatest respect, Your most obedient, humble Servant, (Signed) W. C. SMYTH. To S. R. Lushiiigton, Esq. No notice whatever having being taken of either of my two (or indeed of my three) previous letters, and as it was utterly impossible that I should transact business, either to my own satisfaction or to the advantage of the public, in the existing state of things, [ again addressed Mr. Secre- tary Lushington on the 3 1st as follows : EXCHEQUER-BILL OFFICE, May 3lst, 1824. SIR, It is matter of very considerable regret to me, to be obliged to intrude further on your valuable time with com- plaints of the behaviour of certain individuals in this office towards me, which, if not immediately and effectually put a stop to by the Lords Commissioners of His Majesty's Treasury, must teiminate in a total want of subordination. Mr. Waterfield, junior, after renewing his impertinent behaviour on Monday, and on Wednesday last, did on Friday crown all, by telling me with the most consummate insolence, that my conduct had been infamous, and that he would not disgrace himself by setting in my company. 4* 28 I shall patiently wait their Lordships' decision, and con- fidently hope that they will afford me that prompt and ample redress, to which I humbly conceive I am most justly entitled. 1 have the honour to be, Sir, with the greatest respect, Your most obedient, humble Servant, (Signed) W. C. SMYTH. To S. R. Lushington, Esq. fyc., %c., Bfc. On the day following, my regular vacations commenced ; I therefore was, for a time at least, relieved from the un- pleasant, degrading and degraded situation in which I was so shamefully placed in my office, by the series of ill-usage I had experienced from the then Lords Commissioners of his Majesty's Treasury. On the evening of the llth of June, I received the following reply to my several letters of the 28th October, 1823, and of the 14th, 24th and 31st of May, 1824. TREASURY CHAMBERS, June 1 lth t 1824. SIR, I am commanded by the Lords Commissioners of His Majesty's Treasury, to acquaint you that, upon a full consideration of the several letters and papers relating to your conduct, their Lordships feel it to be their duty to remove you from the office of Paymaster of Exchequer Bills. I am, Sir, Your obedient Servant, (Signed) S. R. LUSHINGTOX. To William Carmichael Smyth, Esq. As " the wolf, finding it to no purpose to argue any longer against truth, fell into a great passion snarling and foaming at the mouth, as if he had been mad, and drawing nearer to the lamb, and to succeed. Of success, 1 trust, we cannot be very doubtful 1 let us take care that we keep ourselves, throughout the whole of the struggle, in the right." Bearing in mind this sound and wholesome advice, I resolved to proceed with the utmost caution, deliberation and circumspection. For me to attempt to reason with the Lords Commissioners of his Majesty's Treasury at that awful crisis, I considered would have been as vain as for the poor, innocent lamb to have endeavoured to remonstrate with the blood-thirsty wolf, when in the act of devouring him. I thought, however, thatif" the small Noble Red -LiONf," made his appearance in the field, it was just possible that the beasts of prey might quit their hold, if not altogether, at least to that degree that I might escape from their fangs with only a few broken bones. But, to be serious. Having the honor and the good fortune to be personally known to the Right Hon. George Canning, " You take my life, When you do take the means whereby I lire." t See Mr. Canning's speech at Liverpool, on the 30th August, 1822. 30 at that time his Majesty's principal Secretary of State for Foreign Affairs, 1 resolved to have an interview with him, before I took any further steps in this business; confident that his liberal and noble mind would never permit him to sanction such an act of manifest oppres- sion and injustice being carried into execution towards me, without endeavouring, at least, to prevent it. In this, 1 was not disappointed. I repaired the next forenoon to Gloucester Lodge, and was immediately admitted into the presence of my revered benefactor. That inestimable man had, but a few months previous, the generosity to promise me a nomination to the Charter House, for a son of one of my brothers. 1 had thanked him by letter for this act of benevolence ; but I had not had the honor of an interview since he had made me the promise. I therefore addressed him in the following words : " I am happy, Mr. Canning, at this opportunity of thanking you personally for the favor you have con- ferred upon me, by a promise of a scholarship to the Charter House for my nephew." Mr. Canning smiled, and bowed assent ; but, before he had time to make any observation, I continued, " I must confess, however, Mr. Canning, that that is not the object of my visit. The object of my visit is neither to thank you for the appointment you have already been pleased to promise me, nor to ask you for any other, but to request your kind offices with the Earl of Liverpool, that I may be allowed to retain an office of great trust and responsibility, which I have held for a period of thirteen years with unimpeached character." Mr. Can- ning immediately asked " What appointment is it?" I re- plied, " Paymaster of Exchequer-Bills," " What, have you been removed ?" rejoined Mr. Canning. " Yes," said I. " What have you been about?" added Mr. Canning. " No- thing," was my answer. Mr. Canning seemed much as- tonished. I then explained to him that it was nothing but a disgraceful conspiracy against me by colleagues, who, owing me a grudge for certain measures, I had considered it my duty to adopt in the office, had taken advantage of some domestic troubles in which I had unfortunately been involved; and prejudiced Lord Liverpool's mind against me, so as to induce his Lordship to remove me from my appoint- ment, not only without a hearing, but even without being made acquainted with the crimes or offences, with which I was charged and that all I requested of him was, to en- treat of his Lordship only to suspend me until such tim e 31 as I could clear up my character from any charge that might be brought against me. Mr. Canning immediately took pen and ink and made a memorandum of what I had told him; desired me to send him a written statement of my case to the Foreign Office, and promised to speak to Lord Liverpool immediately upon the subject. I then gave him a letter for Lord Liverpool, which I requested him to pre- sent to his Lordship. Mr. Canning instantly read it, then, locking it up in his official box, which was on the table, assured me that he would do so that day ; I then bowed and took my leave, highly gratified, but not in the slightest de- gree astonished at the condescension I had experienced from that truly noble-minded man, " For his bounty, There was no winter in't ; ao autumn t'was, That grew the more by reaping." Antony Sf Cleopatra. The following is a copy of the before-mentioned letter : 184, SLOANE STREET, June 12*A, 1824. MY LORD, I last night had the honour to receive a letter from Mr. Secretary Lushington, acquainting me " that, upon a full consideration of the several letters and papers relating to my conduct, their Lordships feel it to be their duty to remove me from the office of Paymaster of Exchequer Bills." Had 1 committed any offence towards His Majesty's govern- ment, or been guilty of any dereliction of my public duty as Paymaster, or even, My Lord, had I been convicted of any base or immoral conduct in private life, then indeed I should have submitted in silence to their Lordships' decision. Sensible, however, my Lord, as I am that not one of these charges can be substantiated against me, but on the con- trary, that it is a devoted attachment to His Majesty's Government, a firm and conscientious discharge of my official duties, and a benevolent, though perhaps weak dis- position which has brought upon me this host of enemies, i must entreat of your Lordship to pause before you hurl me into inevitable destruction. 1 have the honour to be, My Lord, With the greatest respect, Your Lordship's most obedient, humble and devoted Servant, (Signed) W. C. SMYTH. To The Right Hon. the Earl of Liverpool, 32 On my return home, I sat down with the intention of writing out the statement Mr. Canning had desired me to transmit to him j but, of my injuries, not knowing, Which first, which last I should relate," I addressed him as follows : 184, SLOANE STREET, June 12, 1824. SIR, As a perusal of a recital of my domestic troubles would occupy by far too much of your valuable time, I beg leave most respectfully to suggest, that should the Earl of Liverpool be of opinion that there are the slightest grounds for removing me from my Office of Paymaster of Exchequer Bills, 1 may be made acquainted with those grounds, and should I not be able to give a summary and satisfactory reply to those charges, then, that his Lordship would have the goodness to direct two gentlemen, one appointed by his Lordship, and one by myself, to investigate my con- duct on those charges, and also to inquire into any counter- charges which I may have occasion to make against my colleagues or their clerks ; and report the same for his Lord- ship's information and guidance. 1 have the honor to be, Sir, with the greatest respect, Your much obliged and grateful, humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning, M.P. On the 14th, I had the honor to receive the following answer from Mr. Canning : GLOUCESTER LODGE, June 14, 1824. SIR, I have already spoken to Lord Liverpool in your favour so far as I could do so, in utter ignorance of your case ; but the proposal in your letter of to-day, that Lord Liverpool should appoint one arbiter, and you another in a case in which his Lordship is called upon to exercise his responsible judgment as first Lord of the Treasury, appears to me so preposterous that I cannot undertake to bring it forward. 1 am, Sir, Your obedient, humble servant, (Signed) GEO. CANNING. To W. Carmichael Smyth, Esq. Mr. Canning, not being aware of the wheel-within-wheel that was working against me, nor of the extent of the arbi- trary, unjust and inhuman treatment I had already expe- rienced from Lord Liverpool, was naturally much astonished at my apparent presumption, in requesting that the conditional investigation 1 solicited, in my letter of the 12th instant, should be conducted by " two gentlemen, one to be ap- pointed by Lord Liverpool and one by myself." As I could not explain to him my reasons for making such request, without, at the same time, going more minutely into my case, than Mr. Canning had leisure to hear, or than it would have been prudent in me to make known, until I myself was made acquainted with the crimes or offences with which 1 was charged, and as I, at that period, still en- tertained great confidence in the honor, integrity, humanity and JUSTICK of the Earl of Liverpool, I thought that I could not do better than leave my case in the hands of his Lordship, and in those of my revered benefactor, I there- fore replied to Mr. Canning as follows : 184, SLOANK STRKET, June 15, 1824. SIR, I return you my grateful thanks for the honor you have done me, in speaking to the Earl of Liverpool in my favour. His Lordship is, I am convinced, as ignorant of my case as you are, otherwise he never would have per- mitted Mr. Lushington, to have written me his letter of the 27th of October, still less that of the 1 1th instant. Now, however, that his Lordship will, at your request, take my case into his own immediate consideration, I feel confident that he will afford me prompt and ample justice. I have the honor to be, Sir, with the greatest respect, Your much obliged and grateful humble servant. W. C. SMYTH. To the Right Hon. George Canning, M.P. From that day to about the 8th of July, 1 remained in anxious suspense, constantly expecting a summons to ap- pear before some tribunal or other to answer the grave charges contained in " the several letters and papers relating to my conduct, upon a full consideration of which the Earl of Liverpool and Lord Viscount Goderich, felt it to be their duty to remove me from the office of Paymaster of Exchequer-Bills, and thereby to deprive me of my bread, of my health and of my character ! 5 34 But alas ! my expectations were vain. My offences were, I presume, in the estimation of their Lordships, of too black a die to undergo even a delicate investigation ! On, or about the last mentioned day, I repaired to the Exchequer-Bill office (not to take my seat at the Board nolens, volens, but) to draw my quarter's salary, and to endeavour " to discover how the land lay." I found the then accountant, the late Mr. Waterfield in his own room. He saluted me very politely, in his usual manner. I asked him whether he had paid my quarter's salary, as he was in the habit of doing, into the hands of Messrs. Drummond and Co. He said he had not. I then told him that I would take it myself. When he was about to pay me, he observed that I was only to receive up to the llth of June. I then asked him if there had not been any suspension of the order for my removal from office ? He replied that there had not; but, on the contrary, he under- stood that my successor had been appointed. After I had received such portion of my salary, Mr. Waterfield observed, that he was very sorry to hear of the unpleasant circum- stances which had taken place in the office. That he re- gretted his absence, at the time, extremely ; for, had he been present, he did not think they ivonld have occurred.* He said he felt much for me, that he was well aware that I was involved in a variety of difficulties which my removal from office would tend greatly to aggravate ; but that he earnestly hoped, I should shortly get another appointment. I thanked him for his expressions of sympathy (in which I firmly believe he was sincere,) but assured him, as was the fact, that of all my difficulties, my removal from office had caused me the least uneasiness. I then asked him which of the paymasters was in the board- room, and upon being informed that it was Mr. Nevinson, 1 entered therein. Mr. Nevinson looked, as may easily be sup- posed, not a little abashed and confounded. I opened my drawer and said to him, that " I hoped I might be permitted to take away my Bramah pen without being accused of * Mr. Waterfield was at Boulogne during the whole of the period when I was so grossly insulted by his son, and by Mr. Palethorpe. The above noticed observation of Mr. Waterfield is, I think, tolerably conclusive that, even from the account his son himself had given of his own conduct, he considered it to have been reprehensible; and that had he been present, he would have kept his son in proper order. This youth was, at the time, about 18, or 19 years of age : and had been nearly as many months a clerk in the office, as I had been years, a Paymaster ! ! ! 35 peculation among my other sins !" He congratulated me on having obtained, as he understood, another appointment. I replied that, " I was glad to hear that such was the case that I hoped that the salary would be larger that the duties would be less and that he would have a pleasanter col- league in my stead ; and then left him, as I formerly had his brother conspirator, " To heaven, And to those thorns that in his bosom lodg'd, To prick and sting him.' Here ended the second ACT in this tragi-comedy of Errors ; and of arbitrary, unjust, inhuman and illegal conduct towards me aye, and, from men too, who, as I had always thought, would never have ill-used a dog ! ! ! As, when 1 saw " the storm gathering," 1 deemed it pru- dent, (like an old sailor) to prepare for the gale ; so, now that the storm was at its height, did I deem it prudent (like an experienced seaman,) " to lay to" in order to allow the storm to blow over. With this view, as well as with the view of recruiting my health, 1 repaired to Edinburgh, in which city, resided my most amiable, affectionate and beloved sister, Mrs. Monro, whom I had not seen for some years. Soon after my arrival, I addressed Lord Liverpool and Mr. Canning as follows : EDINBURGH, July 21, 1824. MY LORD, Permit me respectfully to inform your Lordship, that finding myself much in need of that tran- quillity of body and mind, as certified to the Lords Com- missioners of His Majesty's Treasury, by my medical attendant Mr. Gaskell on the 3rd of last September, -which tranquillity of mind (so essential to my recovery from the effects of the distressing accident that befel me on the 16th of the month previous,) their Lordships' inattention to my application for leave of absence, added to Mr. Secre- tary Lushington's letter on the 27th October, and his sub- sequent indifference to the unpleasant situation in which his letter had placed me in my official capacity as Pay- master, did not most assuredly tend to increase, I left London last Sunday week on a visit to my sister, who is married to Dr. Monro, Professor of Anatomy at the Uni- versity of this city. Not being conscious, My Lord, of having committed any crime or even offence whatever, which could possibly jus- tify so severe a punishment as my removal from office a punishment which is necessarily accompanied not only \vith a privation of the means of subsistence, but also with the loss of character; and having, at the same time, the most perfect reliance in the wisdom, justice and humanity of your Lordship, I feel satisfied, that whenever your Lordship has leisure to investigate my conduct on any charge which the selfish interestedness or the inveterate malignity of my enemies may bring against me, 1 shall be again restored to the good opinion and confidence of your Lordship, I have the honor to be, With the greatest respect, Your Lordship's faithful and humble servant, W. C. SMYTH. To the Right Hon. the Earl of Liverpool, 8fc., 8fc., 8fc. EDINBURGH, July2\, 1824. SIR, Allow me respectfully to acquaint you, that finding my health much impaired by the continued state of anxiety and agitation in which my mind has been kept, first, by domestic misfortunes, and then, by the false and male- volent representations which have been made by interested persons, to my prejudice, to the Lords Commissioners of His Majesty's Treasury, I left London last Sunday week on a visit to my sister Mrs. Monro, who resides in this city. In a perfect confidence that, whenever the Earl of Liver- pool will be pleased to order an investigation of my con- duct and that of my accusers, the result will be creditable to me, I have the honor to remain, Sir, with the greatest respect, Your much obliged and grateful, humble servant, W. C. SMYTH. To the Eight Hon. George Canning, M.P. Sfc., 8fc., Sfc. Not having been honored with any communication what- ever either, from Lord Liverpool or from my revered bene- factor, and having heard that intimation had been given to some of my friends in London, that I might have an office of 600 per annum in the Customs, if I would apply 37 for it, on the 13th September, I addressed Lord Liverpool as follows : EDINBURGH, September 13, 1824. MY LORD, Having heard from three distinct quarters that your Lordship has been pleased to signify your willing- ness to give me another appointment in lieu of that from which I have been removed by your Lordship's commands, I beg leave most respectfully to submit that the one which, under all circumstances, would be the most acceptable to me, is that of Consul at some port on the north or north west coast of France. I am aware that this is not within the compass of your Lordship's own immediate patronage, but that it is in the gift of the Secretary of State for Foreign Affairs. As, however, I was not removed from the Office of Paymaster of Exche- quer-Bills by that Minister, 1 cannot possibly presume my- self to solicit an equivalent from him ; but, I have the pre- sumption to think that, were Mr. Canning applied to by your Lordship, that gentleman would not be averse to any just and reasonable method of promoting my interest. I have the honor to be, &c. (Signed) W. C. SMYTH. To the night Hon. the Earl of Liverpool. Gentle reader ! one would, I think, naturally have sup- posed that an honorable, upright, conscientious and humane man, (such as Lord Liverpool bore the character of), would at least have honored me with some sort of a reply to the foregoing letter. But alas ! His Lordship, to his everlasting shame and disgrace, treated me with the same silent con- tempt as had already done his prototype my old school- fellow Lord Viscount Goderich, Thus situated, I was again driven to the necessity of troubling my revered benefactor, to whom, (as I afterwards told him) 1 felt con- fident that, so long as I never appealed but for JUSTICE, I never should appeal in vain. The kind, humane and bene- volent answers with which that inestimable man honored me to my several letters of the 13th, 19th and 26th October, will prove to demonstration that my confidence was not misplaced. The following is the correspondence which took place between Mr. Canning and myself, after I had been turned 38 out of office, after Mr. Canning had heard from Lord Li- verpool's own mouth a detail of all the atrocious crimes with which I was accused, and after I had been treated with si- lent contempt by his Lordship and by his colleague my old school-fellow, Lord Viscount Goderich ! ! ! EDINBURGH, October J3, 1824. SIR, On the 13th of last month, I took the liberty of ad- dressing a letter, of which the enclosed is a copy, to the Earl of Liverpool ; but not having as yet been honored with any i-eply or even acknowledgment of the receipt of it, I am induced to fear that his Lordship's mind is still pre- judiced against me, notwithstanding your kind endeavours in my favour. While I acknowledge, Mr. Canning, that I have no claim whatever on your patronage, either as a Minister or as a private gentleman, I do think that I have a claim upon your justice as a Minister, and on your humanity as an indivi- dual; and, as the appointment which I now have to solicit, through your intervention, though it will require your in- terest to obtain, will not infringe upon your patronage, I am induced to hope that I shall not make the application in vain. The utility of the study of the Hindoostanee language ta a great proportion of British youth, being now so gene- rally acknowledged, its cultivation has extended to this me- tropolis where teachers are in great request j but although there are two or three of this description of persons, there are none who instruct under any kind of authority, nor have any of them ever been in India. The appointment therefore of a professor of that language at the University of this city, cannot, 1 humbly conceive, be considered by the greatest advocates for economy and retrenchment either as one uncalled for, or as one likely to become a sinecure. Should you, Mr. Canning, view my situation in the light in which i am inclined to think you do, and do not see any objection to the creation of such an appointment, I respectfully, but earnestly entreat of you to use your in- fluence, with the Secretary of State for the Home Depart- ment, to obtain it for me. I have the honor to be, Sir, with the greatest respect, Your much obliged and grateful, humble servant, W. C. SMYTH. To the Right Hon. George Canning, M.P. GLOUCESTER LODGE, October 16, 1824. SIR, When you say in recommendation of your request, that it is not for any thing that 1 am to give myself, but only for something that 1 am to ask of others, you put forward exactly the one qualification of a request which always inclines me to refuse it. If what you ask were in my power, I would consider of your request, and with a disposition to comply with it, if practicable. But I never solicit for myself and cannot for you, or any one else. I am, Sir, Your obedient, humble servant. GKO. CANNING. P.S. If my testimony to your fitness, for the employ- ment which you solicit were wanting, to that you have a right. c* c* To FP. C. Smyth, Esq. EDINBURGH, October 19, 1824. SIR, 1 return you my grateful thanks for the prompt and candid reply which you have been pleased to give to my letter of the 13th instant. Encouraged, as 1 humbly conceive 1 am, by the second paragraph of your letter, to apply directly to yourself for some appointment which is in your own gift, I now take the liberty of soliciting the appointment of British Consul, at one of the ports on the north or north-west coast of France, when such may become vacant, either by death, re- signation or promotion. My reasons for preferring France are : first, that many years ago, I resided nearly a twelvemonth in that country, and am consequently well acquainted with the language and manners of its inhabitants ; and secondly, that a hot cli- mate does not agree with me. Be assured, Mr. Canning, so sensible am 1 of the hand- some and gentlemanly manner in which you have uniformly behaved to me since I had the honor of being personally known to you, that there is no earthly consideration would have induced me to intrude myself again upon your notice, were it not for the forlorn situation in which I am now placed by the infernal machinations (for by no milder term can I possibly designate them) of my former colleague Mr. Jadis. I have the honor to be, Sir, With the greatest respect and gratitude, Your much obliged and faithful, humble servant, W. C. SMYTH. To the Right Hon. George Canning. M.P. ICK WORTH, October 23, 1824. SIR, During the two years that I have been in Office, not a single vacancy of the sort you mention has occurred ; nor do I foresee any ; and the number of candidates already on my list (adopted in part from my predecessor's) with more or less encouragement, is more than I can ever hope to satisfy. I am sorry to hear that you have been (as you think) so hardly used j but certainly the impression against your side of the dispute (whatever it might be) was very strong when I expressed my wish for a reconsideration of it. 1 am, Sir, your obedient, humble servant, GEO. CANNING. To W. C. Smyth, Esq. EDINBURGH, October 26, J824. SIR, Not being aware of any other appointments, than those which I took the liberty of mentioning in my letter of the 19th instant, which are at your disposal, 1 am unable to avail myself of the disposition you have been pleased to express, and I am confident do entertain of serving me. With respect to the treatment I have experienced, I do humbly conceive, Mr. Canning, that you yourself must, on the face of it, consider me as ill used, when you know that I, a gentleman, by birth and connections, by education, and, I would fain hope, by conduct in life, have been deprived of my bread, and of my rank in society, not only without a hearing, but without even being made acquainted with the crimes or offences with which I am charged. If, therefore, you do not see any thing improper or unreasonable in the requests contained in the enclosed letter to Lord Liverpool, I humbly entreat of you to forward it to his Lordship, with a recommendation that they may be complied with. I have the honor to be, Sir, With the greatest respect and gratitude, Your much obliged and faithful, humble servant, W. C. SMYTH. To the Right Hon. George Canning. M.P. 41 EDINBURGH, October 26, 1824. MY LORD, Finding my health somewhat improved by the solace and consolation I have received from the society of my sister, and other friends and relations in Scotland, and hoping that your Lordship has now time to turn your attention to my case, 1 beg leave respectfully to request j first, that your Lordship will be pleased to direct that J may be made acquainted with the crimes or offences with which I am charged, and which induced your Lordship to order my removal from office ; and secondly, that your Lordship will be pleased to order a full and impartial inves- tigation of my conduct, on those charges j and also of the conduct of my former colleagues and their clerks, on such counter-charges as I may have occasion to bring against them. I have the honor to be, with the greatest respect, Your Lordship's most devoted and faithful servant, (Signed) W. C. SMYTH. To the Right Hon. the Earl of Liverpool. ICKWORTH, October 30, 1824. Mr. Canning has received Mr. W. C. Smyth's letter of the 26th instant, enclosing one to Lord Liverpool, which Mr. Canning has this day forwarded to his Lordship. Immediately upon the receipt of this communication from Mr. Canning, 1 posted up to London with the utmost expedition, in the confident expectation that 1 should at length obtain that justice which had been so long, so cruelly and so illegally with -held from me. On the 6th of No- vember I reached the metropolis, and left my card, before one o'clock on that day, at Fife House and at Gloucester Lodge. A week or ten days afterwards I called again on Lord Liverpool, but still no notice was taken, either of me or of my visits. 1 then requested his Lordship to appoint a time, when 1 might have the honor of an interview. But his Lordship, I presume like Peter the Head-strong, in the History of New- York, (Book 6, Chap 4.) " had a horri ble antipathy to the countenances of unfortunate great men like myself."! At all events, be this as it may, 1 never could obtain an interview. As soon as Michaelmas term in Doctors' Commons (in which court I was, at the same 6 42 time, harassed with a groundless, vexatious and iniquitous suit) was over, I determined, if possible, to ascertain what Lord Liverpool intended to do, in consequence of this se- cond application, of my revered benefactor, to grant me that which, as an honorable, upright and just man, Lord Liverpool ought to have ordered (without any application) previous to my removal from office. With this view I ad- dressed his Lordship as follows : 184, SLOANE STREET, December 9, 1824. MY LORD, As I cannot, for one moment, suppose that your Lordship would refuse to accede to the just and rea- sonable requests contained in my letter of the 26th October, I beg leave respectfully to solicit your Lordship that you would condescend to direct that the investigation into my conduct, and that of my former colleagues and their clerks, may take place, at as early a period as may be convenient. 1 have the honor to be, With the greatest respect, Your Lordship's faithful and devoted humble servant. (Signed) W. C. SMYTH. To the Right Hon. the Earl of Liverpool. His Lordship at length condescended to direct the fol- lowing reply to be sent to me, which, although dated the 9th, waSj I suspect, written on the 10th; as it was not delivered at my house until late in the evening of that latter day. FIFE HOUSE, December 9, 1824. SIR, I am desired by the Earl of Liverpool, to state to you in reply to your letter to his Lordship of this day's date, that he sees no ground for altering the decision which has been taken by the Board of Treasury on your case; and, that his Lordship makes it a rule to decline entering into a per- sonal correspondence with individuals upon matters for the consideration of the Board. The proper official channel for all communications with the Board being through the Secretaries. I am, Sir, Your very obedient, humble servant, (Signed) T. C. BROOKSBANK. To W. C. Smyth, Esg. 43 Gentle reader ! was there ever a more cold, phlegmatic, in- human and unjust composition issued from the pen of the most unfeeling tyrant that ever disgraced the annals of ancient or modern times??? "His Lordship sees no ground for altering the decision which has been taken by the Board of Treasury on my case." If his Lordship would not open his eyes, I do not know very well how he could see ! Again, " his Lordship makes it a rule to decline entering into a personal corres- pondence with individuals upon matters for the considera- tion of the Board." I should be glad to know, whether his Lordship has uniformly adhered strictly to this golden rule ? or whether he adhered to it only when convenient to serve his own purpose at times when he was bent upon oppres- sion ? I should be glad to be informed also whether he adhered to this golden rule, when those base conspirators Messrs. Jadis and Nevinson, addressed the First Lord of the Treasury, in conformity with the threat held out in their joint libellous letter to me, as already given in page 12 of this pamphlet i ? ? His Lordship terminates this disgrace- ful production with giving me (who had been thirteen years at the head of an office, immediately under the Board of Treasury) that information which every blockhead in Lon- don knows, " the proper official channel for all commu- nications with the Board is through the Secretaries" 1 ! ! " Man, proud man, Drest in a little brief authority, Most ignorant of what he's most assur'd, His glassy essence like an angry ape, Plays surh fantastic tricks before high heaven, As make the angels weep!" Measure for Measure. On the morning after 1 had received the before-noticed letter of Mr. Brooksbank, I wrote and dispatched the fol- lowing two letters, the first to Lord Liverpool, and the second to Mr. Secretary Lushington. 184, SLOANE STREET, December 11, 1824. MY LORD, In obedience to your Lordship's directions as communicated to me by Mr. Brooksbank's letter of the 9th instant, received last night, I have this day made my ap- plication for an investigation into my conduct, and that of my former colleagues and their clerks to the Board of Treasury, through Mr. Secretary Lushington. 6* 44 Your Lordship is, I am convinced, wholly unacquainted with the manner in which I have been treated, otherwise you never would have suffered me to have been removed from my office. My Lord, I assert that I am the victim of a foul conspi- racy, of which Mr. Jadis is the " pritmim mobile" and I request that this conspiracy may be probed to the bottom. I am aware that Mr. Jadis has many powerful friends. I know that he is on terms of intimacy with my Lord Lowther, and I am not ignorant that he is connected by marriage with the present Chancellor of the Exchequer; but, My Lord, from the first Minister of this country, 1 do expect even handed justice, and I trust I shall find that in this, as in every other transaction of your Lordship's public life, it will be, " Tros Tyriusque mihi nullo discrimine agetur." I have the honor to be, With the greatest respect, Your Lordship's most obedient, humble servant, (Signed) W. C. SMYTH. To the Right Hon. the Earl of Liverpool, fyc., $c. 9 Sfc. 184, SLOANB STREET, December 11, 1824. SIR, Not being conscious of having committed any crime or offence whatever, which could possibly justify so severe a punishment as my removal from office, a punish- ment which is necessarily accompanied, not only with a pri- vation of the means of subsistence, but also with the loss of character, I have to request that you will solicit the Lords Commissioners of his Majesty's Treasury that their Lordships will be pleased to direct, first, that I may be made acquainted with the crimes or offences with which I am charged j and secondly, that their Lordships will be pleased to order an immediate, full and impartial investigation of my conduct on those charges ; as also of the conduct of my former colleagues and their clerks, on such counter-charges as I may have occasion to bring against them. I have the honor to be, Sir, with the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH. To S. It. Lushington, Esq. M.P. 45 The Lords Commissioners of his Majesty's Treasury, it appears, took time to consider as to what answer they should give to the foregoing ; at all events, I received none until the morning of the 16th ; and, what is remarkable, contrary to the usual practice, it was transmitted to me through the channel of the unpaid three-penny post ! This might have been accidental ; but, from the polite and considerate language in which the answer is couched, I am rather inclined to think that it was intentional. The following is the letter I received, purporting to be an answer to mine of the 1 1th, TREASURY CHAMBERS, December 15, 1824. SrR, The Lords Commissioners of his Majesty's Trea- sury having had under their consideration your letter* of the llth instant, complaining of your removal from the office of Paymaster of Exchequer-Bills, and soliciting an investigation into your conduct and that of the other Pay- masters and clerks in that department, I am commanded by their Lordships to acquaint you that the enquiries instituted prior to your removal from that office, left no doubt upon their minds of the necessity of that measure to the good order and peace of that depart- ment. And I am further to acquaint you, that it had been their Lordships' intention to alleviate the personal sufferings arising to you and your family from this determination, by authorizing the Commissioners of Customs, to employ you as a landing waiter, My Lords relying that the example and superintendance of more experienced Officers would Shave a due effect in controuling your future conduct and in restraining you from proceedings similar to those which led your colleagues and the clerks acting under you, to make such frequent complaints to this Board. My Lords see, however, with great regret, that the offensive expressions contained in your letters, indicate no sense of subordination or respect towards your official superiors, and my Lords, therefore, apprehend they will be compelled, by a sense of their public duty, to abandon their indulgent intentions towards you. I am, Sir, Your obedient servant, (Signed) S. R. LUSHINGTON To W. C. Smyth. Esq. 46 On this letter I shall take the liberty to make the following remarks : In the first place, it appears to me very extraordinary that the Secretary to a public Board should be directed to notice any private communication made to an individual member of that Board. Secondly, I am at a loss to know upon what principle of JUSTICK " ex-parte enquiries should flash such conviction upon their Lordships' minds of the necessity of the measure of my removal (from the office of Paymaster of Exchequer- Bills) to the good order and peace of that department ;" particularly, as their Lordships, had (by not enforcing the threat contained in Mr. Secretary Lushington's letter of the 27th October,) tacitly acknowledged, that they were satisfied they had already been once imposed upon by the worthless individuals, from among whom " the certain (ex- parte) enquiries" had been made, on the subject of the extent of the injury my brain had sustained from " the severe concussion," as certified by Dr. Anthony Todd Thomson, in the medical report I had transmitted to the Lords Commissioners of his Majesty's Treasury on the 3rd of September, " through the proper official channel for ali communications with the Board." The " Audi alteram partem" has been considered, in all ages, and in all countries, as the foundation-stone upon which every true principle of JUSTICE is built. " Qui statuit aliquid, parle inauditd altera, ./Mijmim licet statucrit, hand aequus est." Sen. Med. A. 2. " Who judgment gives, and will hut one side hear, Though he judge right, is no good justicer." * f It is an invariable maxim in our LAW, that no man shall be punished before he has had an opportunity of being heard."- Lord Kenyon, (Rex. v. Beun. 6, T. R. 189.) " When a man is accused of offences, it was but right to hear what he had to say in his defence." Right Hon. Charles W. W. Wynn, Courier, 22 March 1827. On the first portion of the third paragraph of this me- morable epistle, I think it is not too much to say that it is adding insult to injury, " it had been their Lordships' intention to alleviate the personal sufferings arising to you and your family from this determination, by authorizing the 47 Commissioners of Customs to employ you as a landing wai- ter." Kind, humane and considerate Lords ! supposing that I had been abject enough to have accepted of this waiter- ship, what security, gentle reader, should I have had for the peaceful enjoyment of such a degradation ? Are there no Jadises and Nevinsons in the Customs ? 1 hope not, among the members of the Board ; but I am afraid there are, at all events, old Palethorpes and young Waterfields in abundance, on the different quays. But, gentle reader, it was not a sufficient degradation to be removed from the head of a Board and put at the tail of a wharf, but the upright, just and humane Lords Liverpool and Goderich, assert, that they condescended to grant me this retrograde promotion, " relying that the example and " superintendance of more experienced officers would have " a due effect in controling my future conduct, and in " restraining me from proceedings similar to those which " led my colleagues and the clerks acting under me, to make " such frequent complaints to the Board." Thus, gentle reader, I was to be sent to the Customs, as a criminal is sent to the hulks, with a halter round my neck ! No one, I think, who reads this pamphlet, can doubt that this elegant epistle was composed and transmitted to me with the knowledge, the sanction and the approbation of Lords Liverpool and Goderich. Now, notwithstanding it emanated from such high authority, I assert that it con- tains a gross and palpable falsehood; and I will prove, that such is the fact from their Lordships' own conduct. 1 am therein given to understand " that my collea- gues and the clerks acting under me, had made frequent complaints of my proceedings to the Board of Treasury." In the first place, I assert that this is not the fact that there never was a single complaint made against me officially, either by my colleagues or by the clerks acting under me until subsequently to the d6m^l4 between Mr. Jadis and my- self, as noticed in page 5, of this pamphlet ; and, since that event, only one by my colleagues and not one, by the clerks acting under me, unless, indeed, what Messrs. Palethorpe and Waterfield Junior, may have alleged against me, when called upon by the Lord Commissioners to answer the complaints I had made against those two individuals in my letters to Mr. Secretary Lushington of the 14th, 24th and 31st of May, can be so termed. But 1 said, that I would prove that such was not the fact by their Lordships' 48 own conduct. If such frequent complaints had been made to the Board of Treasury, by my colleagues and the clerks acting under me, how, I ask, did it happen that their Lordships (who certainly have not shown themselves very backwards in listening to accusations against me,) how, I ask, did it happen that their Lordships never once called upon to answer these frequent complaints ? ? ? " I am called on then, to decide between the conduct of Mrs. Plumb, and the testimony of Mrs. Plumb, and I have no difficulty in deciding to which I shall adhere. 1 am of opinion, that these declarations could not have passed in the manner in which she has described them." Lord Stowell, (Haggard's Reports, vol. 1, p. 28J.) On the last paragraph of this memorable epistle, I have to observe : first, as Mr. Secretary Lushington was autho- rised to advert to my private letter to Lord Liverpool of the 1 1th December, how does it happen that he never was authorised to notice my several private letters to his Lordship of the 12th of June, 21st of July, 13th of Sep- tember, 26th of October of the same year ? ? ? Secondly, how much more dignified would it not have been in Lords Liverpool and Goderich, instead of wincing, like the Fox in the fable*, at my offensive expressions to have ordered the investigation I had solicited, and afterwards to have adminis- tered JUSTICE between Mr. Jadis and myself, with an im- partial hand and thus have proved to me and to the world, that my surmises and suspicions were groundless. Such, 1 maintain, would have been conduct worthy of the character those two noblemen have hitherto held in society. But the soreness they evinced on this subject only confirmed in my mind, as I have no doubt it does in the minds of my readers, that my suspicions were well-grounded, and that is what made my expressions offensive because they were true ; and they were not likely to be the less offensive because they were true ! u Thou , thou , (the Dog reply'd) The name is just take either side; Thy guilt these applications speak : Sirrah, 'tis conscience makes you squeak !" GAY, Fable 1, Part 2. * " At this, gall'd Reynard winc'd, and swore Such language ne'er was giv'n before." 49 Although the conclusion of this letter leaves me (as re- gards the landing waitership) suspended, like Mahomet's coffin, between Heaven and Earth, it contains, at least, one assertion which gave me some consolation, viz : " that my offensive expressions indicated no sense of subordina- tion or respect towards my official superiors," thereby evidently admitting, that their Lordships considered me then, de facto, what I consider myself still, de jure, a Paymaster of Exchequer-Bills ! ! ! Upon the whole, such of my readers as were acquainted, either from general report or from their own personal know- ledge, with the liberal mind and noble spirit of my revered Benefactor, will, I think, agree with me, that had Mr. Canning ever seen the letter, the merits of which I have just discussed, he would have returned it to Lord Liverpool superscribed with his Lordship's own memorable words, " This is too bad!!'." The same day, I replied to Mr. Lushington, as follows : 184, SLOANE STREET, December 16, 1824. SIR, I this morning had the honor to receive your letter of yesterday's date. The Lords Commissioners of his Majesty's Treasury were, I have no doubt, satisfied in their own minds of the necessity of the measure of removing me from the office of Paymaster of Exchequer-Bills, when their Lordships au- thorized you to address to me your letter of the llth of June. But, I beg leave respectfully to remind their Lordships that it was an exparte statement that was before the Board, and that " the enquiries instituted prior to my removal from that office," were made from among my ene- mies ; and moreover, that 1 never as yet have been heard in my own defence. When the Lords Commissioners reflect on these circum- stances, I feel confident that their Lordships will be pleased to accede to my (as I humbly conceive) reasonable request, and order an immediate, full and impartial investigation of my conduct, and that of my former colleagues and their clerks. I have the honor to be, Sir, With the greatest respect, Your most obedient, humble servant, (Signed) W.C.SMYTH. To S. R. Lushington, Esq. M.P. 7 50 Not having been honored with any answer whatever, I ad-- dressed Mr. Lushington again on the 30th, as follows: 184, SLOANK STREKT, December 30, 1824. SIR, On the 16th of this month 1 had the honor to address a letter to you, expressive of my confident hope, that when the Lords Commissioners of his Majesty's Treasury reflected on the circumstances therein mentioned, their Lordships would be pleased to grant my reasonable request, and order an immediate, full and impartial investigation of my conduct, and that of my former colleagues and their clerks. Not however, having received any reply, I take the li- berty of writing again, to beg the favor of you to take the earliest opportunity of bringing the same under the consi- deration of their Lordships. I have the honor to be, Sir, with the greatest respect, Your most obedient humble servant, (Signed) W. C. SMYTH. To S. R t Lushington, Esq. M.P. Not having been honored with any reply whatever to either of the two last letters I had addressed to Mr. Secre- tary Lushington, (" the proper official channel for all communications with the Board of Treasury ") on the 22nd of January, I wrote to that gentleman the following pri- vate communication : 184, SLOANK STREET, January 22, 1825. SIR, Being desirous of having a few minutes conversa- tion with you, I should esteem it a favor if you would ap- point the earliest convenient hour, when I may do myself the honor to wait upon you. I have the honor to be, Sir, Your most obedient and humble servant, W. C. SMYTH. To S. R. Lushington, Esq. M.P. Although Mr. Lushington did not favor me with any reply, I repaired to the Treasury Chambers on the 28th of the same month, when I was honored with an interview. I never, to the best of my knowledge and belief, saw Mr. Lushington in my life before ; nor, do I believe, was that gentleman in the slightest degree acquainted with my person. 51 I entered his presence, as I am confident he will do me the justice to admit, neither as a bully, nor as a criminal. He was standing at a table facing the door, reading, or pre- tending to read a paper. He eyed me as I entered, from head to foot. I bowed and said, " Mr. Lushington, I be- lieve ?" he replied in a sharp tone of voice, " Yes, my name is Lushington." I then said, " I took the liberty of waiting on you, Mr. Lushington, to ascertain whether you had received my last letter," upon which Mr. Lushington asked quickly " What letter ?" I added, " My letter of 16th Decem- ber," he answered " Yes, oh ! yes." 1 then said, " When may I expect the honor of a reply ?" to which he answered in the most haughty and overbearing tone of voice, " You have got your answer, Sir, you will not get any other." Being somewhat of a physiognomist, I thought, when I first saw Mr. Lushington's countenance, that 1 perceived certain noble, manly and generous traits therein. 1 there- fore was determined not to be rebuffed by the manner in which he had received me ; but resolved to put his heart to the test, before 1 quitted him. Looking him, therefore, mildly but firmly in the face, I said, " Is it possible, Mr. Lushington, that the Lords of the Treasury will stigmatise me as an infamous, outrageous character with whom no one can associate and in whose company no one is to sit ; and will not give me a hearing, or afford me an opportunity of vindicating myself ?" This appeal had the desired and con- templated effect. Mr. Lushington, I do not hesitate to say, was completely thunderstruck at hearing so rational a question put in such mild language and tone of voice by a man who had been represented to him as something in the shape of a wild beast a Bengal tyger au mains ! He instantly replied, " You you you are quite mistaken Mr. Smyth, their Lordships have no such intention whatever.* * Mr. Lushiugton did not, certainly, in his letter of the llth June, intimate to me, that their Lordships considered me to be " an infamous, outrageous character, with whom no one could associate, and in whose company no one was to sit;" but, after the communication I bad made to their Lordships in my letter of the 31st May, (transmitted " through the proper official channel for all communications vith the Beard") does not, 1 ask, their Lordships' conduct, in removing me from office, very much resemble that of the quack doctor, noticed by Mr. Canning, in one of his eloquent and humorous speeches delivered at Liverpool, on the 16th March 1820? Thus " Young Waterfield preceded in the crowd, crying with a loud voice, ' Mr. Smyth's conduct has been infamous, and it would be a disgrace for me to sit in his company.' The Lords Commissioners of his Majesty's Treasury, marched behind him with a sedate and solemn step, simply d- " ri "'" n " yoi " h " J " r " e " ! 7. Sit down sit down, Mr. Smyth." I then seated myself, and left Mr. Lushington to open the ball ; which, my readers will, I have no doubt, readily believe me when I assure them, he was greatly at a loss how to do. After considerable hesitation, however, he commenced thus, " The first eh ! communication eh ! Mr. Smyth, you had on the subject, was eh ?" To which I, finding him com- pletely at a halt, replied : " The first communication I had on the subject was your letter of the 27th October 1823, con- taining a threat to remove me from my office upon a charge of having transmitted to their Lordships false certificates as to the state of my health." To which Mr. Lushington replied, " Ah ! very true, very true." I then said, " Had their Lordships, instead of entertaining such a groundless and malicious charge, granted me the leave of absence I had requested in my letter of the 3rd September 1823, (and to which, I humbly conceive, I was entitled upon every prin- ciple of humanity and justice), they would have crushed Mr. Jadis's conspiracy in embryo." To which Mr. Lushing- ton replied hastily " What makes you think Mr. Jadis has any thing to do with the business?" 1 answered that * e I was certain he had; and could prove it, if their Lordships would hear me ; but, if they would not hear me, I could prove nothing." Not having made any memoranda or notes of the conversation which took place between Mr. Lushington and myself, 1 am unable to proceed re- gularly any further with the dialogue. I had an in- terview with him of, I dare say, half an hour, during the whole of which he behaved in the most gentlemanly, polite and humane manner, and appeared perfectly satis- fied, that I had been shamefully traduced and unjustly treated. Towards the conclusion, I told him " It was utterly impossible that their Lordships could do justice to me, without ordering the investigation I solicited." To which he replied, " But you must be sensible, Mr. Smyth, that should their Lordships grant the investigation and the result be unfavorable to you, you will forfeit all claim upon their future patronage." I told him, " That as for the landing waitership, I never would accept of it ; that I would rather scrape the streets first. That I was willing to forfeit all claim to their Lordships' future patronage if the result of the investigation was unfavorable to me j" " but," I added, " it must be a bond Jide investiga- tion, Mr. Lushington j the gentlemen who undertake it, must not undertake it with minds prejudiced against me, and with a determination of confirming what their Lord- 53 ships have done." " No, no," answered Mr. Lushington, u I understand what you mean, Mr. Smyth, you wish three gentlemen, wholly unacquainted with the subject, to in- vestigate the matter and make an impartial report to their Lordships." " Yes," I replied, " that is what I wish." Well," said Mr. Lushington, " if you think proper to address a letter to me, to that effect, and stating that you are willing to forego every claim to the indulgent intentions their Lordships have expressed towards you, provided the result of the investigation be unfavourable to you, I shall undoubtedly submit your letter to the board." I then told him, 1 certainly would address a letter to him, to that effect, in the course of the next day ; thanked him for his politeness and condescension, and took my leave. The next day I addressed Mr. Lushington as follows : 184, SLOAXE STREET, January 29, 1825. SIR, In consequence of the interview with which you honored me yesterday, 1 am induced to trouble you with the present communication, to request that you will be pleased to signify, to the Lords Commissioners of his Majesty's Treasury, that, so conscious am 1 of the integrity and pro- priety of my own conduct in every transaction in which I have been concerned in my late office of Paymaster of Exche- quer-Bills, and so convinced am 1 that I can prove to the satisfaction of every honorable man that I am the victim of a foul conspiracy formed against my character by my former colleague Mr. Jadis, as already suggested in my let- ter to you of the 3rd of September, 1823, and also in a private letter, I took the liberty of addressing to the Chancellor of the Exchequer, on the fourth of the same month and year, if their Lordships will condescend to direct a full and impartial in- vestigation of the whole of the bearings of my case, should it appear by the report of the investigators, that I am unable to substantiate this fact, and that there are good and sufficient grounds for visiting me with the severe punishment, held out in your letter of the 2Jth of October 1823, and enforced by your letter of the llth of June 1824, I shall submit without a murmur to Their decision and forego every subse- quent claim upon the indulgent intentions their Lordships have been pleased to express towards me. I have the honor to be, Sir, with the greatest respect, Your most obedient and humble servant, (Signed) W. C. SMYTH. To S. R. Lushington, Esq. Jlf.P. 54 When this letter of mine, transmitted " through the proper official channel Jor all communications," was read at the board of Treasury, one would, I think, naturally have sup- posed that the Earl of Liverpool, or Lord Viscount Goderich, or any man, endowed with a proper sense of JUSTICE, who happened to be present at the time, would instantly have directed that an immediate answer should have been trans- mitted to me intimating, that their Lordships would forth- with comply with my request and direct an immediate, full and impartial investigation of the whole of the bearings of my case. But, gentle reader, what was the fact ? a Board composed of such men as the Earl of Liverpool and Lord Viscount Goderich men famed alike for their intelligence, their honor, their humanity and their JUSTICE, treated me, who had asserted that I could prove, that I was the victim of a foul conspiracy formed against my character by my former colleague Mr. Jadis, and had offered to forego every sub- sequent claim upon the indulgent intentions their Lord- ships had been pleased to express towards me, if, (upon their Lordships condescending to direct a full and impartial in- vestigation of the whole of the bearings of my case), I was unable to substantiate that fact, I say, such men as these, under such circumstances as I have described, treated me (as regarded any ivritien answer to this application,) from that day up to the present hour with silent contempt. Oh ! what a shame! ah! what a fault were this! Henry VI, part 3. No notice whatever having been taken of the foregoing letter, I addressed the following private communication to Mr. Lushington on the 2nd May. 184, SLOANK STREET, May 2, J825. Private. SIR, Three months having elapsed since I had the ho- nor of addressing to you my letter of the 29th of January, I trust you will not consider me importunate, if I now beg to be informed either personally or by letter what determi- nation their Lordships have come to, on the subject of my reasonable request. I have the honor to be, Sir, with the greatest respect, Your most obedient and humble servant, W. C. SMYTH. To S. R. Lushington, Esq. M,P. Not having been honored with any reply whatever either to my letter of the 29th January, which, as I have hefore observed, had been transmitted " through the proper offi- cial channel for all communications with the Board of Trea- sury," nor to the before mentioned private note to Mr. Lushington; and my health having become lamentably im- paired from the distressing effects of the accident that had befallen me on the 16th August 1823, added to the state of constant perturbation, suspense and anxiety in which my mind had been kept ever since that event, on the llth June, I addressed Mr. Lushington, as follows : 184, SLOANE STREET, June 11, 1825. SIR, Not having had the honor to receive any reply to the letter 1 took the liberty of addressing to you on the 29th of January, and finding my health becoming daily more and more impaired from the constant state of suspense and of anxiety in which my mind has now been kept for nearly two years, so as to render a change of air and scene absolutely necessary for my recovery, as will appear from the enclosed certificate ; and as, from your letter of the 15th of December last, it appears that the Lords Commissioners of His Majesty's Treasury do not, even upon the statements of my accusers, consider me wholly unworthy of their Pa- tronage, I beg leave respectfully to state, that if their Lord- ships will do me the honor of appointing me Professor of the Hindoostanee Language, either at the College of Edin- burgh, or of Dublin, 1 will forego my right, (to which I humbly conceive I am justly entitled) of an investigation into my conduct. I am aware that such an appointment does not at pre- sent exist at either of the above mentioned colleges ; but, as the study of the Hindoostanee Language has, of late years, become so important a part of the education of a great pro- portion of British youth, its utility I consider as self-evi- dent ; and, as the greater part of the emoluments of the Pro- fessors at both these Institutions, are, I believe, derived from fees received from the students, the expense to Govern- ment by its creation would be but trifling. In the event of their Lordships being pleased to acquiesce in this my suggestion, the Right Hon. George Canning has permitted me to say that he is ready to bear testimony to my fitness for the appointment. I have the honor to be, Sir, with the greatest respect, Your most obedient humble servant, W. C. SMYTH. To S. R. Lushington. Esq. M.P. 66 These are to certify that William Carmichael Smyth, Esq. of Sloane Street, in August 1823, met with an acci- dent, the effect of which was a concussion of the brain; and we cannot help thinking that the subsequent bad state of his health, and a severe nervous affection under which he is now labouring, are in a great degree connected with the effect of that accident. (Signed) ANTHONY WHITE. ANTHONY TODD THOMSON, SLOANE STREET, June 5, 1825. In addition to what I have certified in conjunction with Mr. White, on the subject of the general state of health of Mr. W. C. Smyth, I have now to certify that his present state of health is such as requires a change of air and scene, without which his recovery will be greatly pro- tracted, if not rendered altogether doubtful. (Signed) ANTHONY TODD THOMSON. SLOANE STREET, June 10, 1825. When this letter of mine, together with the docu- ments which accompanied it, (transmitted " through the proper official channel for all communications") was read at the Board of Treasury, one would, I think, have naturally supposed that a Board composed of such men as the Karl of Liverpool and Lord Viscount Goderich men famed alike for their intelligence, their honour, their humanity and their JUSTICE, would at least, have honored me with some sort of a reply. But alas ! their Lordships would not assign reasons, " No, Hal ; not if reasons were as plentiful as blackberries." Not having been honored with any reply to the foregoing, in the beginning of July, being still extremely ill, 1 stag- gered, the best way I could, to the Treasury Chambers. Upon sending in my card, I was immediately admitted a second time into the presence of Mr. Lushington. That gentleman was evidently much shocked at the difference which he then perceived in my appearance from (comparatively speaking) the robust state of health I was in when I had before waited on him, on the 28th January. He addressed me in a mild, polite, gentlemanly and hu- mane tone of voice and said, " Mr. Smyth, it is in vain for you to remain in town, under the impression that their 57 Lordships will grant an investigation. They won't grant any. They were satisfied of the necessity of the measure of your removal. The fact is, you unfortunately made yourself ob- noxious in the office." I replied that " I was sorry for it, that I had entertained a higher opinion of their Lordships' sense of JUSTICE ; that, with respect to the charge of making myself obnoxious, I humbly conceived, that that was a very vague and undefined charge indeed ; that I was of opinion that a gentle- man, in a public office, might make himself obnoxious by doing his duty, as well as by not doing his duty ; and that, if a firm and conscientious discharge of my public duties were to render me obnoxious, I was afraid I should be obnoxious wherever their Lordships thought proper to send me." Mr. Lushington replied, " Well, Mr. Smyth, no benefit can arise from discussing that subject; take my word for it, that, although their Lordships will not grant the investigation you have solicited, they entertained the most favorable intentions towards you ; and will confer upon you another appointment so soon as an eligible one offers. Take my advice, go down to the sea side or to Edinburgh, and recruit your health ; leave your address with my private Secretary, and, you may depend upon it, you shall shortly hear from me." I then bowed, and took my leave. Here ended the third ACT in this tragi-comedy of Errors ; and of arbitrary, unjust, inhuman and illegal conduct to- wards me. Aye, and from men too, who, as I had always thought, would never have ill used a dog ! ! ! In the absence of all proof, all accusation, or even, I may say, of bare assertion, let us, gentle reader, endeavour to divine what offence I had committed, in the eyes of the Lords Commissioners of his Majesty's Treasury, to induce their Lordships to direct Mr. Secretary Lushington to ad- dress to me his letter of the llth June, as given in page 28 of this pamphlet. It most assuredly was not for having transmitted to their Lordships false certificates, as to the state of my health, or as to the extent of the injury I had sustained from the accident which befell me on the 16th of August 1823; otherwise, they must have stigmatised their own servant, Mr. Anthony White, consulting Surgeon to the Peniten- tiary, as being as worthless a character as they had already done, by Mr. Secretary Lashington's letter of the 27th 8 58 October, 1823. Dr. Anthony Todd Thomson and Mr. Thomas Gaskell. Neither was it for " the notorious transactions in which I had been concerned," and which (if Messrs. Jadis and Nevinson had put their threat into execution) had been brought to the notice of the First Lord of the Trea- sury. Or, if it was, their Lordships did not dare to assign such as a reason, because they knew well that their enlightened colleague, the open, manly and liberal-minded Canning, had publicly said in the House of Commons, when, I think, defending the magistrate Mr. Kenrick, " God forbid, our private characters should be gone into j otherwise, I am afraid, there are none of us who would be found to be quite perfect." My relations, friends and the public naturally ask, then, " What is his offence ? Where is the evidence that doth accuse him ? What lawful quest have given their verdict up Unto the frowning judge ?" Richard III. 1 answer, " Nil horum : Verbosa et grandis epistola venit A-Capreis :" ! ! ! Juv. Sat. x y I. 71. But, gentle reader, on a reference to the last sentence in my letter to Mr. Secretary Lushington of the 14th May, I think it will not be very difficult to discover in what con- sisted my dire offence, in the jaundiced eyes of the Lords Commissioners of his Majesty's Treasury. Mr. Jadis married the ci-devant wife of Captain, after- wards Lord Gardner. This lady was the daughter of a widow Adderley, which widow Adderley was afterwards married to the late Eari of Buckinghamshire. Lord Viscount Goderich, then the Right Hon. Frederick John Robinson, Chancellor of the Exchequer, and consequently a Lord of the Treasury, married a daughter of the said Earl of Buckinghamshire by the said widow Adderley. Hence Mrs. Jadis and Viscountess Goderich are half sisters. Every person who has any knowledge of Mr. Jadis (for that individual never lets an opportunity escape of com- municating to his acquaintances that he is hand-and-glove with this Lord and a bottle-companion of that Lord) knows well that he is on terms of intimacy with Lord Lowther, at that time also one of the Lords Commissioners of his Majesty's Treasury. 59 Under these peculiar circumstances, gentle reader, 1 think it is not too much to presume that my real offence was the having dared to assert in my said letter of the 14th May that " it was a notorious fact, that Mr. Jadis had debauched the wife of another man." ' A ces mots, on cria haro ! sur le baudet. foer dire (/lie le Sieur JADIS a jadis debauch^ La fcmiiie d'uutrui ! quel crime abominable ! Rien que la raort u'etait capable D'expier son forfait: On le lui fit bien voir. SELON QUE vous SEREZ PUISSANT ou MISERABLE, LES JUGEMENS DE COUR VOUS RENDRONT BLANC OU NOIR." LA FONTAINE, Fable 1, Book 7. " A general shout of indignation Follow'd the donkey's declaration. What ! crop the close ! the parson's* too ! For this can less than death be due? Wheu thorns and thistles grew so plenty, Could nothing but the glebe content ye ? Fcom such a sin but death can purge ye Death without benefit of clergy !' Quick execution followed sentence And short the space for sad repentance, The dying ass perceiv'd too late (Let biped asses mark his fate) TlIAT WEAKNESS IS OUR WORST OFFENCE, AND STRENGTH THE SUREST INNOCENCE." In conformity with that advice of Mr. Secretary Lushing- ton, and with his assurance, as an honorable man, that their Lordships entertained the most favorable intentions towards me, and would confer upon me another appointment so soon as an eligible one offered; on or about the 10th July, I repaired a second time to Edinburgh. During the first month, my mind being somewhat at rest, my health greatly improved, so that I began to entertain sanguine hopes that I should at length get the better of the distressing effects of the accident which had befallen me in August 1823. And it is my firm belief that, had the Earl of Liverpool fulfilled the promise, which he must have authorized Mr. Secretary Lushington to have made to me, as before mentioned, I should permanently have recovered ; but, alas ! I never heard any thing further on the subject of the promised appoint- ment from that day up to the present hour. On the 15th of * I have heard ( in the \orth") that Mr. Jadis wasformerly intended fora Parson. I am afraid, he would have made but a torry Parson ; as he now, no doubt, a Jade'nl 60 August, I addressed a private communication to Mr. Secre- tary Lushington as follows : EDINBURGH, August 15, 1825. Private. SIR, I beg leave respectfully to remind you, that I have not as yet had the honor to receive any reply either to my letter of the 29th of January, or to that of the 1 1th of June j notwithstanding the first was written with your sanction, if not at your recommendation, and fromr the encouragement you gave me, at the last interview with which you favoured me, 1 had reason to conclude that their Lordships would have done something handsome for me ere this. In the confident hope that many days will not elapse be- fore I have the honor to hear from you, permit me to sub- scribe myself, with the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH, To S. R. Lushington, Esq. M P. To this communication, I never was favored with any reply; but was still kept in anxious suspense, unable to apply my mind to any pursuit, and unable to profit by the advice so kindly and so liberally given to me by my medical friends. At last, an opportunity offered of my obtaining some em- ployment, in a manner congenial to my habits, in a public Seminary about to be established in Edinburgh. 1 therefore resolved to wait no longer for the promised appointment of Lord Liverpool ; and accordingly tendered my services to the directors of the contemplated Institution. The result is detailed in the following official letter to Mr. Secretary Lushington, EDINBURGH, November 3, 1825 SIR, I beg leave respectfully to acquaint you, for the information of the Lords Commissioners of his Majesty's Treasury, that not having had the honor to receive from you, any intimation of their Lordships' having been pleased to confer upon me an appointment equivalent, either in respectability, or in emolument to that from which 1 was removed by their Lordships' commands, on the eleventh of June 1824, 1 offered my services, a few weeks ago, as an instructor of Oriental languages, at the Scottish Military and Naval Academy, about to be instituted in this City j and, from the exertions of the numerous friends and rela- tions, whom I possess in Scotland, had been strongly re- commended to the Directors, so that my election was, I 61 may say, certain; when Sir Henry Jardine, the King's Remembrancer in this country, informed the Board that I had been dismissed from an office of great trust and res- ponsibility under government, and therefore that he consi- dered me as ineligible, let my other qualifications be what they may. This circumstance, communicated from such a person, had such an effect on the majority of the other members, that they immediately rejected me, and appointed a man, com- pared to myself, of low birth and connections, who never was in India, and who has * * or * knowledge of the languages he has taken upon himself to teach. Sir, as I cannot as yet bring my mind to believe, that just men will sanction unjust measures, I do still confidently hope that their Lordships will, before it is too late, be"- fore I am utterly ruined in fortune, in health, and in repu- tation, I repeat, 1 do confidently hope that their Lordships' will do me justice, and will treat me as a gentleman of un- impeached and of unimpeachable character. Under this impression, I now beg leave respectfully to so- licit that you will have the goodness to submit, to the Lord Commissioners of his Majesty's Treasury, my humble re- quest, that their Lordships will be pleased to appoint me, Distributor of Stamps for the city and county of Edinburgh, an office which, I understand, is at present vacant, and equivalent, if not in respectability, at least in emolument, to that which I might now have been in the quiet and peace- ful enjoyment, but for the foul conspiracy formed against me by Mr. Jadis a man to whom I never gave any just grounds of offence ; but on the contrary, a man whom I constantly obliged, and uniformly accommodated during the whole period of my acting as one of his colleagues, in my late office of Paymaster of Exchequer-Bills. 1 have the honor to be, Sir, With the greatest respect, Your most obedient and humble servant, (Signed) W. C. SMYTH. To S. R. Lushington, Esq. M.P. Gentle reader, one would, I think, naturally have supposed that, after the verbal assurance which Mr. Secre- tary Lushington had given me, towards the beginning of July previous, as already stated in page 57 of this pamphlet, namely " that although the Lords Commissioners of his Majesty's Treasury would not grant the investigation I had repeatedly solicited, yet that their Lordships entertained the most favorable intentions towards me, and would confer upon me another appointment so soon as an eligible one offered," I say, after such an assurance, from such a quarter, one would, I think, naturally have supposed, that I should at least have been honored with some sort of a reply to the foregoing letter, transmitted as it was " through the proper official channel for all communications tvith the Board." But gentle reader ! to the everlasting shame and disgrace of the Earl of Liverpool, from that day to the present hour, no notice whatever has been taken of that letter, nor have I ever received any intimation of the promised appointment. Thus situated, I addressed an official letter to the Honorable the Court of Directors of the East India Company, soliciting an appointment from them ; the following is an extract of my letter. " As your honorable Court may have heard that 1 have " been removed from an office of great trust and respon- " sility under Government, 1 beg leave to refer you to the " Right Honorable George Canning, (who has twice at my " particular request done me the honor of speaking to the " Earl of Liverpool on the subject of my removal), and " also to Mr. Secretary Lushington, both of whom will, " I am convinced, do me the justice of assuring your " Honorable Court that there is no circumstance, connected " with that event, which militates, in the slightest degree, " against my character as a gentleman, or which would in " any way render me ineligible for the appointment I now " solicit from your Honorable Court." Upon this occasion, the following correspondence took place between my revered benefactor and myself. EDINBURGH, November 26, 1825. SIR, Permit me most respectfully to transmit to you a copy of a letter, I have this day taken the liberty of ad- dressing to the Honorable the Court of Director of the East India Company. Should you have it in your power, I humbly hope you will assist me in obtaining the object of my wishes. The present Chairman is Campbell Majoribanks, Esq. and the deputy, Sir Geo. A.. Robinson, Bart. I have the honor to be, With the greatest respect and gratitude, Sir, Your most obedient humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning, M.P. FOREIGN OFKICK, December 2, 1825. Mr. Canning presents his compliments to Mr. Smyth and acknowledges the receipt of his letter of the 26th ult : together with its enclosure, which Mr. Canning returns to Mr. Smyth, as it is not in Mr. C's power to make any use of it, or to assist him in the object which he has in view. EDINBURGH, December 5, 1825, SIR, I have the honor to acknowledge the receipt of the communication with which you favored me in reply to the letter 1 took the liberty of addressing to you on the 26th ultimo. In the postscript of a letter, I had the honor to receive from you last October twelvemonth, you were pleased to say, " if your testimony to my fitness for the employment which I solicited were wanting, to that I had a right." From the facts stated in the accompanying copy of a letter, I addressed to Mr. Lushington on the 3rd of last month, it must be evident to you, Sir, that I am much more in want of your countenance at present, than I was at that period ; but that will not, I am convinced, with you, Mr. Canning, be a reason that 1 should have more difficulty in obtaining it. With this firm belief, I now most respectfully request that you will have the goodness to grant me such testimony as you may think I deserve, and of which, in the distressing and unmerited situation in which I am placed, 1 stand so much in need. I have the honor to be, Sir, With the greatest respect and gratitude, Your most devoted and humble servant, W. C. SMYTH. To the Right Hon. George Canning, M.P. FOREIGN OFFICE, December 15, 1825. SIR, The * f testimony" to which I presume I must have alluded in my letter of October 1824, as that to which you were " entitled" on my part, must have had reference to your " fitness" for teaching Oriental languages, as it is in that capacity that I had the pleasure of becoming acquainted with you at the time when I was preparing to go to India. That testimony I have great pleasure in giving. So far as a very unapt scholar can bear testimony to the " fitness" of (as it appeared to me) a very well informed and skilful master. 1 am, Sir, Your obedient humble servant, Giio. CANNING. To JF. C. Smyth, Esq. EDINBURGH, December 22, 1825. SIR, Permit me, most respectfully, to return you my grateful thanks for the letter with which you were "pleased to honor me on the 15th instant. The very handsome and flattering language in which that communication is worded, is particularly gratifying to me ; as it conveys to my mind the most complete con- viction, that not one of the numerous applications I have been under the painful necessity of making to you, have you considered as an impertinent intrusion. Having now reason to hope that the Earl of Liverpool and the Chancellor of the Exchequer, are no longer prejudiced against me, I trust, I shall not be obliged to trouble you any further ; but, at the same time, I cannot help expressing my firm conviction that so long as I never appeal to you but for justice, I never shall appeal in vain. I have the honor to be, Sir, With the greatest respect and gratitude, Your most obedient and humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning, M.P. I also took the liberty of addressing to Mr. Lnshington, a private letter, on the same subject, as follows : EDINBURGH, November 26, 1825. Private. SIR, Allow me respectfully to submit to you a copy of a letter I have this day taken the liberty of addressing to the Hon. the Court of Directors of the East India Company. 65 Should you have it in your power, I trust you will not fail to assist me in obtaining the object of my wishes. I have the honor to be, Sir, With the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH. To S. R, Lushington, Esq. M.P, &>., SfC., SfC. On the 16th or 17th of December, 1 had the pleasure and the satisfaction to receive the following kind and friendly reply, from Mr. Lushington. Private. NORTON COURT, December 14, 1825. SIR, I have been absent for some time from the Trea- sury, or your letter would have been earlier acknowledged. It will give me sincere pleasure to be able to assist your present views of becoming an Oriental Professor, and I have, by this post, written to Sir G. Robinson to that effect. I remain, Sir, Your very obedient servant, (Signed) S. R. LUSHINGTON. To W. C. Smyth, Esq. Unfortunately, however, l>oth Mr. Canning's certificate and Mr. Lushington's letter to Sir G. Robinson, were too late in reaching their destination to be of any avail. From that period, up to the beginning of the April following, I remained again in anxious suspense, and without having been honored with any communication, either private or official, from the Lords Commissioners of His Majesty's Treasury, on the subject of the promised appointment. The anxiety, chagrin and mortification, I, in consequence, experienced brought on another severe attack of illness, from which, I can with truth assert, I never have to this day recovered ; and, as my disease has now become chronic, I shall, in all probability, suffer therefrom as long as I live. Thus situated I again addressed Mr. Secretary Lushington as follows : EDINBURGH, April 8, 1826. SIR, I beg leave respectfully to acquaint you, for the information of the Lords Commissioners of his Majesty's Treasury, that unless their Lordships very shortly do some- thing handsome and liberal towards me, J must sink under the weight of the disgrace and the want of the means of subsistence, to which rny removal from office has reduced me. I assure you, Sir, on the honor of a gentleman, who I believe never uttered an untruth in his life, that I am now again in the same distressing state of health in which I was, when I had the honor of forwarding to you the medical certificates contained in my letter of September 1823 and in that of June 1825. I humbly submit, that if their Lordships are not yet able to confer upon me an appointment equal in respectability and in emolument to that from which I have been removed, (now nearly two years) under the peculiar circumstances of my case, their Lordships might, in the interim, grant me a portion of the salary and emoluments I then enjoyed. The former at that period was 500 per annum and would have been, from and after the 21st of next June, 600, and the latter, from the handsome remuneration which I, in common with other individuals engaged in the office, occa- sionally received for the extra labour and responsibility thrown upon us by the operation of the Funding of Exche- quer Bills, cannot I think be estimated at less than another 100 per annum. Were their Lordships pleased to order me to receive one half of these joint sums as a maintenance, I could and would wait with patience their Lordships' convenience and pleasure; but, otherwise, it is impossible that I should any longer be able to bear up against the mental and pecuniary difficulties in which my removal from office has involved me. I have the honor to be, Sir, &c., &c., &c. (Signed) W. C. SMYTH. To S. R. Lushington, Esq. M.P. To this appeal, Mr. Lushington had the humanity to transmit to me the following private communication : Private. TREASURY CHAMBERS, April 12, 1826. SIR, I am concerned that you continue to suffer so much distress. I thought your determination not to take the office pro- posed for you in the Customs very unwise, and I have kept 67 it open for you, in case you should at length be convinced of this error. You may still receive it, and I send you an order upon my bankers for 200 of which I beg to receive an acknow- ledgement by the return of post. I remain, Sir, Your obedient servant, (Signed) S. R. LUSHINGTON. PF. C. Smyth, Esq. To this I replied as follows : Private. EDINBURGH, April 14, 1826. SIR, I beg leave to return you my best thanks for your letter of the 12th instant, containing an order upon Messrs. Drummond for 200, for which 1 shall consider myself accountable, so soon as their Lordships enable me to repay you. Having been bled a few days ago and again this day, in the hopes of preventing a brain fever, I am too ill at pre- sent to write you in detail my objections to accept of the office proposed for me in the Customs ; but thus much I must say, that I never can, and never will accept of it. 1 remain, Sir, With great respect, Your much obliged and humble servant, (Signed) W. C. SMYTH. To S. R. Lushington, Eaq. M.P. On the same day on which I transmitted my last official letter to Mr. Lushington, I also took the liberty of again addressing my Benefactor, when the following cor- respondence took place between Mr. Canning and myself. EDINBURGH, April 8th, 1826. SIR. I beg leave most respectfully to transmit, for your perusal, a copy of a letter I this day took the liberty of addressing to Mr. Secretary Lushington. I make no request ; but leave you, Mr. Canning, to act according to the dictates of your own heart, towards an individual, who, you cannot but be sensible, is undeservedly suffering under the severest mental, bodily, and pecuniary distress. I have the honor to be, Sir, With the greatest respect, your obedient humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning. M.P. 68 FOREIGN OFFICE, April \ I, 1826 SIR, On the receipt of your letter of the 8th instant I wrote to Mr. Lushington, on the subject of it, and I have received from that gentleman an answer in- forming me that there is, and has been, for some time past, a situation in the Customs at your option. Had I known that fact, I certainly should not have troubled Mr. Lushington with any application, and knowing it, 1 must decline any further interference in your favour. I am, Sir, Your obedient and humble servant, (Signed) GEO. CANNING. W. C. Smyth, Esq. EDINBURGH, April 17, 1826. SIR, Were I addressing a gentleman merely of rank and fortune to whom I had the honor of being personally known, and from whom I had already received repeated marks of favor, condescension, and approbation, I should apologise for again intruding on his valuable time j but, Mr. Canning, before you, as second minister of this country, and as first Member of the House of Commons, i do think I have a right to lay my grievances, and a right to claim your justice and protection. The series of arbitrary, unjust and inhuman conduct which has been pursued towards me, by my official supe- riors for nearly three years, at the instigation of that worth- less individual Mr. Jadis, has now brought me to the brink of the grave. You have taken up my cause, not because I was any connection of yours, not because 1 had any parti- cular interest with you, not because you were in any way under obligations to me ; but because, as I humbly con- ceive, you thought that I had been treated with injustice, and all 1 ask of you, is not to lay me down hastily ; nor to desert me until you can put your hand on your heart, and say, 1 am now satisfied, that man has received ample justice. I have the honor to be, Sir, With the greatest respect, Your much obliged and grateful humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning, M.P. 69 On the 6th of May, I again addressed the following private communication to Mr. Lushington. Private. EDINBURGH, May 6, 1826. SIR Being now somewhat recovered from the distressing affection of the brain, under which 1 was labouring, when I had the honor to receive your private communication, dated the 12th ultimo, I beg leave respectfully to address these few lines to you, to request that you will have the goodness to solicit the permission of the Earl of Liverpool, that I may be allowed to offer the appointment proposed for me, in the customs, to any gentleman now holding that of distributor of stamps in Scotland, who may be willing to make the exchange. Should I be able to effect this, as I understand the Par- liamentary Commissioners have recommended that the distributors of stamps in Scotland should be put upon the same footing, as those in England, 1 humbly submit, that when this arrangement is enforced, his Lordship will have it in his power to make my appointment equal in emolument to that from which I was removed by your letter of the llth of June, 1824. After the communications I had the honor to make to you under date severally the 29th of January, and the llth of June, 1825 j and after the assurance you made me, at the interview with which 1 was favored towards the end of the last mentioned month, viz. <* that although the Lords Commissioners would not grant any investigation, either of my conduct or of that of my accusers, their Lordships entertained the most favorable intentions towards me, and would confer an adequate appointment upon me when such might become vacant," I confess I was not a little surprized at being told " that you thought my refusal to accept of that noticed in your letter of December 15th 1824, was unwise." 1 am however, convinced that, that observation was not made from any wish on your part, to hurt my already wounded feelings ; but from your anxiety to alleviate my present sufferings, being sensible of the inability of their Lordships, at the present moment, to carry their favorable intentions towards me into effect : and 1 trust you also will do me the justice to attribute my refusal to accept of that office, not to any perverseness of disposition nor to false pride, but to a proper sense of justice due to my 70 own character, and from a consciousness of my total inca- pacity to fill such an office, either with satisfaction to myself or with due advantage to the public service. I have the honour to be, Sir, With the greatest respect, Your most obedient humble servant. (Signed) W. C. SMYTH. To S. R. Lushing ton, Esq. M.P. Having served the public, during a period of thirteen years, in that department, immediately under the superin- tendance of the Lords Commissioners of His Majesty's Treasury, while 1 am well aware that " the proper official channel for all communications ivith their Lordships is through 'the Secretaries" so do I also know well that " the whole of the immense patronage, nominally attached to that Board, is vested immediately and exclusively in the person of the first Lord; that the Chancellor of the Exchequer even has not (as a matter of right), so much as the nomination of a door-keeper, or a messenger." Hence it follows, that the shame, disgrace and obliquy of having kept me in doubt, anxiety and suspense, on the subject of the promised appointment, from the beginning of July 1825, to the end of May 1826, rests with Lord Liverpool, and with Lord Liverpool alone, Whoge promises were, as he then was, mighty ; But his performance, as he now is, nothing." Henry VIFL. Gentle reader ! you must not suppose, by this quotation, that it is my wish, or my intention to exult at the calamity with which it has pleased the Almighty to afflict the Earl of Liverpool. Such, I solemnly declare/ is the furthest from my wish or my intention. But, I do wish, and I do intend, if possible, to remind Lord Viscount Goderich, Lord Lowther, and " The gay, licentious, proud, '* Whom pleasure, power, and affluence surround ; " They who their thoughtless hours in giddy mirth, " And wanton, often cruel, riot waste; " How many feel this moment death " And all the sad variety of pain." THOMSON, And that, Pailida mors, sequo pulsat pede pauperum tabernas, Regumque turres." HORACE. Book, i, Ode. IV. 71 Despairing, at length, of obtaining any appointment what- ever, either from the Earl of Liverpool, or from any other quarter ; and both my means and my health becoming daily more and more impaired, my relations, friends, and medical attendants, recommended (in the hope that such an ap- plication would be immediately listened to; and thus, the great obstacle to my recovery anxiety of mind, effectually removed) that I should solicit ti retired, or, more properly speaking, a compensation allowance. In conformity with their advice, on the 29th May, I accordingly addressed to Mr. Secretary Lushington, the following official, and private communications. EDINBURGH, Jfy29, 1826. SIR, 1 beg leave respectfully to acquaint yon, for the in- formation of the Lords Commissioners of His Majesty's Treasury, that finding my health so lamentably impaired from the effects of the accident which befell me on the 16th of August, 1823, (as reported to you in my letter of the 3rd of September of the same year), and from the constant state of agitation, anxiety and suspense in which my mind has ever since been kept, I now feel myself unable to accept of any public office, which requires the least mental exertion ; and therefore beg that you will have the goodness to submit to their Lordships, the inclosed medical certificates, and my humble request that they will be pleased to grant me such a pension as, upon a mature, deliberate, and dispassionate consideration of all the cir- cumstances of my unfortunate case, may appear to their Lordships consistent with humanity, with equity, and with justice. 1 have the honor to be, Sir, With the greatest respect, Your most obedient humble servant. (Signed) W. C. SMYTH. To S. R. Lushington, ^Esq. M.P. I do hereby certify, that within these few months, I have occasionally attended Mr. W. C. Smyth, while labouring under repeated febrile attacks, accompanied with great determination of blood to the head. These paroxysms are attributed to an injury which Mr. Smyth sustained some years ago by a fall from horseback, and to subsequent distress of mind j and are such as, in my opinion, to incapacitate him, for the present, from any official duty requiring mental exertion. GEO. BALLINGALL, M.D. (Signed) EDINBURGH, 24th May, 1826. Having examined Mr. Smyth, I concur in the certificate given him by Dr. Ballingall. (Signed) JOHN ABERCROMBIE, M.D. EDINBURGH, 26th May, 1826. These are to certify that Mr. William Carmichael Smyth was under my care in the summer and autumn of the year, 1824, and again during the last three months, on account of repeated febrile attacks, -which, in my opinion, were to be imputed to the effects of an injury he received upon the head, by a fall from his horse in 1823, and to the agitation and anxiety in which his mind has been since kept ; and I am of opinion, that he is, at present, incapable of discharging the duties of any public office. (Signed) ALEX. MONRO, M.D. EDINBURGH, May 29, 1826. Private. EDINBURGH, May 29, 1826. SIR, Not having received any reply to the private com- munication, I took the liberty of addressing to you on the 6th of this month, and having, since that time, had another severe attack of the distressing affection of the brain, to which I have constantly been subject ever since the accident which befell me in August 1823, I now beg leave to transmit an application for a superannuation allowance to the Lords Commissioners of His Majesty's Treasury, accompanied with the medical certificates as re- quired by Sec. IV, Cap. 1 13, of the 3rd of George IV. When their Lordships take my case into consideration, I trust you will have the goodness to draw their attention to the different Medical Certificates, I have submitted to their Lordships, subsequent to that unfortunate event; which, taken in conjunction with those accompanying my present application, do, I think, shew a protracted suffering, both of body and mind, seldom to be equalled. I therefore do confidently hope that their Lordships will 73 be pleased to consider my length of service as 15 years- This will enable them to rate my salary at 600 per annum and my emoluments at 100; and I do humbly conceive-that if to have borne an unparalleled accumulation of injuries and misfortunes, with exemplary patience, fortitude, resig- nation and submission give an individual any claim to have his case considered as a special one, I do possess that claim. I have the honor to be, Sir, With the greatest respect, Your most obdient, humble servant. (Signed) W. C. SMYTH. To S. n. Lushington, Esq. M.P. On the same day, I also took the liberty of addressing Mr. Canning, as follows : EDINBURGH, May 29, 1826. SIR, Permit me respectfully to transmit for your perusal the accompanying copy of a letter, and Medical Certificates which I have this day forwarded to Mr. Secretary Lushington. I do not presume to make any request, and I am con- vinced that you will not consider any apology necessary for the liberty 1 now take. Indeed, Mr. Canning, were 1 not to submit these documents to you, I think 1 should betray a want of confidence in your humanity, and in your justice, ill becoming one who has received such marked, and repeated proofs of both. I have the honor to be, Sir, With the greatest respect, and gratitude, Your much obliged, aud most obedient humble servant. (Signed) W. C. SMYTH. To the Right Hon. George Canning. M.P. When the foregoing letter of mine, together with the docu- ments which accompanied it, transmitted " through the pro- per official channel for all communications," was read at the Board of Treasury, one would, I think, naturally have sup- posed that the Earl of Liverpool, or Lord Viscount Goderich, or any man, endowed with a proper sense of humanity or of JUSTICE, who happened to be present at the time, would in- stantly have directed that an immediate answer should have been transmitted to me, intimating, that their Lordships would forthwith comply with the request therein contained, 74 and, availing themselves of the power vested in them, by the 5th sec. cap. 113. of 3rd Geo. 4th, make a special case of mine, and thereby grant to me, a sum equal to the whole amount of my salary and allowances, from the day of my removal from office, up to the 5th of the ensuing July, and a retired allowance of 300 per annum, to commence from the latter period. But, gentle reader, what was the fact ? a Board composed of such men as the Earl of Liverpool, and Lord Viscount Gode- rich, men famed alike for their intelligence, their honor, their humanity, and their JUSTICE, permitted me, whom they had already insulted, harassed, racked and tortured in the man- ner previously set forth in this pamphlet, I say, such men as these, under such circumstances as I have described, per- mitted me again to remain in painful suspense, and in dis- tressing mental anxiety, during another period of no less a duration than four months ! ! ! " O shame ! where is thy blush ?" But, " You might as well Forbid the sea for to obey the moon, As or, by pity move, or symp'thy shake, The fabrick of their tyranny. Winter's Tale. During the interval, viz. on the 3rd and 15th of July, I addressed" two private letters to Mr. Secretary Lushington, and to my revered Benefactor, respectively, as follows : EDINBURGH, July 3, 1826. Private. SIR, I beg leave respectfully to state, that, since I had the honor of addressing you on the 29th of last May, I have had another severe attack of illness ; and, it is my firm belief, that should my mind be kept much longer on the rack, I shall shortly have another return of the same com- plaint; and moreover, that these repeated attacks will ultimately deprive me, if not of my existence, most assuredly of my reason. A mind conscious of its own innocence, and putting implicit faith in the humanity and justice of those to whom it appeals for relief, can certainly bear much ; but, Mr. Lushington, there is a degree of suffering beyond which the human mind cannot support, and I think you must be sensible that my mind has almost reached that degree. 1 am aware that, for the first fortnight after the receipt of my last application to the Lords Commissioners, your time 75 Was too much occupied to give it that attention which was necessary ; but now that your own election is over, and that you are returned to the Treasury, 1 humbly hope you will take the earliest opportunity of submitting my letter of the 29th of May, together with the Medical Certificates which accompanied it and my letters of September and October, 1823, and that of June 1825, to their Lordships' most favorable consideration. I have the honor to be, Sir, With the greatest respect, and gratitude, Your most obedient humble servant, (Signed) W. C. SMYTH. To S. 21. Lushington, Esq. M.P. EDINBURGH, July 15, 1826. SIR, I trust you will believe me when I assure you, that it is with the greatest reluctance, I again trouble you on the subject of my unfortunate situation. Six weeks have now elapsed since I had the honor of addressing to Mr. Secretary Lushington my letter of the 29th of last May ; a copy of which I took the liberty of transmitting to you. To that letter I have not as yet been honored with any reply. I am sensible that, for the first fortnight Mr. Lushington was too much occupied to give it that attention it required ; but now that his own election is over, and that he has returned to the Treasury, I must confess, I did hope that I should have been favoured with an answer ere this. That not having been the case, I now humbly request that you will once more so far intercede for me with the Earl of Liverpool, as to induce his Lordship to direct that I may shortly be honored with a favorable reply. It is my confident belief, Mr. Canning, that unless their Lordships do, very speedily, grant me^ the pension 1 have solicited in my letter of the 29th of last May, (and to which 1 humbly conceive I am entitled, upon every principle of humanity and justice), I shall not survive many months. 1 have the honor to be, Sir, With the greatest respect, and gratitude, Your much obliged and most obedient humble servant. (Signed) W. C. SMYTH. To the Right Hon. Geo. Canning 31 P. Being still without any reply, whatever, to any one letter, either official or private, which I had addressed to Mr. Se- 10* 76 cretary Lushington, since the receipt of his private letter of the 14th April, (1826) as given in page 66 of this pamphlet, on the 30th of August, I wrote to an old and valuable friend of mine, then in London, who I knew was on terms of intimacy with some members of Mr. Lushington's family, requesting him to endeavour to ascertain, from that gentle- man, what the present intentions of the Lords Commis- sioners of his Majesty's Treasury were towards me. My benevolent, and much respected friend, immediately com- plied with my request ; and, on the 5th of September, wrote me word, that he had transmitted my letter, enclosed in one from himself, to a relation of Mr. Lushington's, and that, as soon as he was favored with a reply, he would commu- nicate the contents to me. On the 17th of the same month, my valued and much esteemed friend, favored me with another letter, in which he mentioned, that he had just re- ceived a kind answer from Mr. Lushington's relation, by which it appeared, that my letter to him having been shewn to Mr. Lushington, that gentleman, (alluding to it,) said, " These claims are attended to quarterly ; it is near six weeks, I think, till they come on; I hope something in his favor may be done. It is not in my power to say more." On, or about the 24th of September, I had the indiscriba- ble satisfaction and joy, to receive the following official letter from Mr. Secretary Lushington. TREASURY CHAMBERS, September 20, 1826. SIR, Your petition for a retiring allowance will be taken into consideration at the usual quarterly period, and I hope be settled before the llth of October, so that it may take effect for the current quarter. In the interval, I wish to know whether you ever served in the King's service, in any civil office other than the Exchequer-Bill Office, and if so, for what period of time. It is essential that their Lordships should know the exact duration of your service ; and you must also transmit to me a Medical Certificate of the state of your health at the present time. I remain, Sir, Your obedient servant, (Signed) S. R. LUSHINGTON. To W. Carmichael Smyth, Esq. Late Paymaster of Exchequer-Sills, Edinburgh. 77 On the 2jth I answered Mr Lushington's letter as follows : EDINBURGH, September 25, 1826. SIR, I have the honor to acknowledge the receipt of your letter of the 20th instant, and in reply, beg leave to acquaint you, for the information of the Lords Commissioners of his Majesty's Treasury, that I never did hold any other office in the King's service than that of Paymaster of Exchequer Bills, to which 1 was appointed on the 21st of June, 1811, by a Constitution under the hand and seal of the late Right Honorable Spencer Perceval, at the particular request of the present Earl of Dartmouth, and of the late Sir Vicary Gibbs. But that in 1823, a few weeks prior to the accident which befell me on the 16th of August of that year, the Right Honorable George Canning did me the honor of recommending me to His Royal Highness the Duke of York to be appointed Professor of Oriental Languages at the Royal Military College at Sandhurst ; and although His Royal Highness was, I understand, pleased to signify to Mr. Canning his decided opinion of the utility of such an appointment at that Institution, and his approval of me to fill it, yet his disinclination to create any additional expense to the establishment, at that period, prevented any further steps being taken in the measure. His Royal Highness, however, was pleased to direct me to repair to Chatham, during my vacations, for the purpose of instructing the Officers of the King's Regiments in the Hindoostanee Language, previous to their embarkation for India j which employment would no doubt have added at least 300 per annum to my income ; and in all probability would, ere this, have led to my obtaining the Professorship at Sand- hurst ; which, had I experienced from my Colleagues one twentieth part of the accommodation I uniformly granted to them, 1 could easily have held in conjunction with the Paymastership. On the llth of June, 1824, I had actually returned from Chatham, after having made an arrange- ment with the Commandant of that garrison in order to carry the wishes of His Royal Highness into effect, when I received your fatal letter of that day's date. Mr. Backhouse, Commissioner of excise, and Sir Herbert Taylor can both attest the truth of this statement. 1* also beg leave to state that, when a boy at Harrow School in the year 1799, I met with an accident which totally 78 deprived me of the sight of my right eye. For the truth of this assertion, I beg leave respectfully to refer their Lord- ships to their own colleague, the Right Hon. Frederick John Robinson, whowas at that time at the same school, and I am convinced, has a perfect recollection of the circumstance. The sight of my left eye, which was affected by a resi- dence in a tropical climate, has, since the injury my brain sustained from the concussion occasioned by the fall from my horse in August 1823, become so lamentably impaired, that, I can with truth assert, I have at times, (particu- larly during the paroxysms of the disease) no useful sight whatever. Any intelligent Medical Man can inform their Lordships, that the intimate connexion between the brain and the optic nerve is such, that this is not an improbable, nor is it an unusual, consequence cf an accident of the serious and alarming nature of that under the distressing effects of which 1 have been labouring for upwards of three years ; and from which I shall now, in all likelihood, suffer as long as I live. I have now the honor of forwarding to you another Medical Certificate, as to the present state of rny health, and beg leave to acquaint you that, since I had the honor of addressing to you my letter of the 29th of last May, 1 have had four repeated attacks of the distressing complaint to which I have been constantly subjected, ever since the accident that befell me on the 16th of August, 1823. I have the honor to be, &c., &c. (Signed) W. C. SMYTH. To S. R. Lushington, Esq. M.P. This is to certify that W. C. Smyth, Esq. has been attended by us in our professional capacities j and we are of opinion, that the disease under which he is now labouring, and under attacks of which he has repeatedly suffered for upwards of two years, is the consequence of a concussion of the brain, caused by a fall from his horse ; and that the symp- toms are kept up, and augmented by agitation and anxiety of mind. (Signed) ANTHONY TODD THOMSON, M.D. JOHN ABERCROMBIE, M.D. r GEORGE BALLINGALL, M.D. ALEXANDER MONRO, M.D. EDINBURGH, 14th September, 1826. By the same post, 1 also addressed the following private communication to Mr. Lushington. Private. EDINBURGH, September 25, 1826. SIR, I beg leave to return you my best thanks for your letter of the 20th, and I trust in God, 'that the grateful intel- ligence it communicated has not arrived too late. In addition to what I have already stated in the accom- panying and the former official and private letters, I have had the honor to address to you, I beg to inform you, that, at the period of my removal from office, I had a clear income of ^?150. per annum, from monies in the public funds, and owed not a shilling to any man ; at present, if my debts were all paid, I do not believe that i should have 50. per annum left to myself. You will perceive that Doctor Thomson, who wrote the medical certificate enclosed in my official letter of this day's date, has inadvertently mentioned two instead of three years as the period of my sufferings. But, as I did not perceive this mistake until he had left Edinburgh for Sloane Street, I was unable to get it rectified. That gentleman will, how- ever, I am certain, wait upon you at the Treasury, should you think it necessary, (and request him by a note so to do) and I think will not hesitate to assure you, that he does not believe that the brain of one man in a thousand could have borne the concussions, both moral and physical, which mine has now supported for the long protracted period of upwards of three years. I have the honor to be, Sir, With the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH. To S. R. Lushiitgton, Esq. M.P. The foregoing official letter of Mr. Secretary Lush- ington, t may truly say, transported me with joy. To use a vulgar, but not inapplicable metaphor, I thought 1 had, at length " hit the right nail on the head," and, although it was at first, not very tractable to the hammer, now that it had begun to move," I should have no difficulty in driving it home to the desired goal. But, alas ! my expectations were vain. 1 was fallaciously buoyed up, only to be again most cruelly, and most unjustly, immerged in another whirl- pool of suspense, anxiety, and disappointment, as will ap- pear from the following letter of Assistant Secretary the late Mr. Hill j and from the subsequent arbitrary, . unjust, inhuman and illegal treatment 1 have experienced from the Earl of Liverpool, Lord Viscount Goderich, and finally, from his Grace the Duke of Wellington. 80 TREASURY CHAMBERS, October 11, 1826. SIR, I have it in command from the Lords Commis- sioners of his Majesty's Treasury to acquaint you, that^upon a review of all the ciirum stances which led to your removal from the situation of Paymaster of Exchequer-Bills, and the continued distressing state of your health, my Lords will submit a vote to Parliament for granting to you a retired allowance, at the rate of one hundred and sixty-six pounds per annum, to commence from the 5th April 1826. I am, Sir, Your most obedient servant, (Signed) W. HILL. To W. C. Smyth, Esq. Well may I exclaim with our immortal Bard: " O Hamlet, what a falling off was there !" Immediately upon the receipt of this communication, from the late Mr. Assistant Secretary Hill, I addressed the follow- ing official and private letters to Mr. Secretary Lushington. EDINBURGH, October 14, 1826- SIR, I have the honor to acknowledge the receipt of a letter from Mr. Secretary Hill, of the llth of October, ac- quainting me " that upon a review of all the circumstances which led to my removal from the office of Paymaster of Exchequer-Bills, and the continued distressing state of my health, the Lords Commissioners of his Majesty's Treasury, will submit a vote to Parliament, for granting to me a re- tired allowance of > 166. per annum, to commence from the 5th of April, 1826." I beg leave respectfully to state, that I am fully convinced, that had Mr. Hill been as intimately acquainted with all the particulars of my case as you are, he would have placed it in such a point of view as would have induced their Lord- ships to have submitted a vote to Parliament for granting to me, not only a much more considerable retired allowance, but also a compensation for the loss of salary and emoluments, since the period of my removal from that office. 1 there- fore humbly request, that you yourself, will have the goodness to take the earliest opportunity of submitting to their Lord- ships the whole of the circumstances of my case ; when 1 feel 81 confident, that my Lords will be pleased to cause it to be intimated to me, that they will submit a vote to Parliament for granting to me a sum equal to the whole of my salary and emoluments, from the period of my removal from office to the 5th of last July, and a retired allowance of at least 291. 13*. 4d. per annum, being five twelfths of 700. which would have been the amount of my salary and emo- luments at that period. I have the honor to be, Sir, With the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH. To S. R. Lushington, Esq. M. P. Private. EDINBURGH, October 14, 1826. SIR, Permit me respectfully to address to you a few lines on the subject of the official letter which accom- panies this. The mortification I experienced from the perusal of Mr. Hill's letter, you, who are so well acquainted with all the parti- culars of my case, and of my present situation, will I think easily conceive. But, Mr. Lushington, I still hope through your kind offices to obtain a more handsome, and a more liberal treatment. The public prints inform me that both the Earl of Liver- pool and the Chancellor of the Exchequer were absent from London on the 10th of October, and consequently, could not have been present at the Treasury Board, when my case (so long deferred) was at last prematurely submitted to their Lordships. Three years have now elapsed since 1 have been in corres- pondence with you. No man, 1 will venture to say, was ever more prejudiced against another, than you were against me, previous to the interview with which you honored me in January 1825. How, I would fain ask, Mr. Lushington, has it happened, that now, that I have made a friend of you, and a friend also I am confident of the Earl of Liverpool, and of the Chancellor of the Exchequer ; how, I say, has it hap- pened that my case is taken out of your department, and brought before the Lords of the Treasury, when neither of those members of the Board were present ? I am afraid, Mr. Lushington, that Mr. Jadis is at the bottom of this, and that he has, by some underhand pro- 82 ceeding, succeeded in still thwarting my interest, and in again marring my prospects j but. Sir, I do confidently trust, that you, who have so long, and so warmly espoused my cause, will not desert me, until you obtain for me the only redress 1 now ask at their Lordships' hands ; namely, my salary and emoluments, from the llth June, 1824, to the 5th July, 1826, and a retiring allowance from that period adequate in some degree, at least, to my support as a gentleman. This, I humbly conceive, is but in conformity with the spirit, if not with the letter, of the official communication with which you honored me, at so recent a date as the 20th of last month. I have the honor to be, Sir, With the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH. To S. R. Lushington, Esq. M. P. When the foregoing letter of mine (" transmitted through the proper official channel for all communications,}" was read at the Board of Treasury, one would, I think, naturally have supposed, that a Board, composed of such men as the Earl of Liverpool, and Lord Viscount Goderich, men famed alike for their intelligence, their honor, their humanity, and their JUSTICE, would at least have honoi-ed me with some sort of a reply ; but, gentle reader ! will you believe me ? when I assure you, that from that hour, up to the present moment, no notice whatever has been taken of that letter, nor have I ever received any official intimation of the promised retired allowance having been granted me ! ! ! Again 1 say, " O shame ! where is thy blush ?" But, " You might as well go stand upon the beach, And bid the main flood bate his usual height ; You might as well use question with the wolf, Why he hath made the eve bleat for the lamb ; You might as well bid the mountain pines To wag their high tops, and to make no noise, When they are fretted with the gusts of heaven; You might as well do any thing most hard, As seek to soften that (than which what's harder?) Their obdurate hearts .'" Merchant of Venice. Not having been honored with any reply, whatever, to the official letter! had addressed to Mr.'Lushington, on the 14th 83 of October, 1 was again driven to the painful necessity of appealing once more to the humanity and justice of my revered, and ever-to-be-lamented Benefactor ; which I did in the following words : EDINBURGH, November 14, 1826. SIR, Notwithstanding I am fully sensible of the multi- plicity of important business with which your time is con- stantly occupied, and must, more particularly, be so at the present moment, still I feel confident, that you will always find a few minutes' leisure to attend to the appeal of an injured and distressed individual. Under this firm conviction, I shall now take the liberty of stating to you, as briefly as possible, not the injuries to which 1 was subjected, previous to my removal from the office of Paymaster of Exchequer- Bills, but what has oc- curred to me since that event. I need not inform you, Sir, that for the first six months after niy removal, 1 endeavoured, by every means in my power, to obtain an investigation of my conduct, as also of that of my accusers. This, however, was withheld from me, but I was given to understand, that the Lords Commission- ers of his Majesty's Treasury might possibly be pleased to authorise the Commissioners of Customs to employ me as a Landing Waiter, an appointment, which (had I, unheard and untried, been disposed to submit to such a degradation), the regulations of the service precluded me from accepting. But, Sir, I refused to accept of it, not because I was ineligi- ble for the appointment, but because the appointment was ineligible for me. 'After having been denied an interview with the Earl of Liverpool, and after having made several fruitless attempts to obtain one from Mr. Secretary Lushington, 1, at last, on the 28th of January, 1825, was admitted into the presence of the hitter gentleman. At the close of this interview, 1 dis- tinctly stated to him, what I think no one can deny, " That their Lordghips could not do justice to me, without ordering an immediate, full and impartial investigation of my conduct and of that of my accusers," to which he replied, " That if 1 thought proper to address a letter to him, stating, ' that should their Lordships be pleased to order the investigation 1 solicited, and that, in the event of its termination being unfavorable to me, 1 was willing to forego every claim on their Lordships' future patronage,' he would certainly submit 84 my letter to the Board." In consequence of this, I the next day addressed a letter to him, of which the enclosed marked A is a copy. From that time, up to the llth June, I never was honored with any written reply whatever, nor with any further interview with Mr. Lushington ; but, upon calling repeatedly at the Treasury, I received a polite verbal answer, viz. " That as soon as any thing could be done in the business, Mr. Lushington would write to me." Worn out with ill health, occasioned by the distressing effects of the accident which had befallen me in 1823, greatly in- creased by disappointment, chagrin and anxiety; and convinc- ed from the delay which had taken place, that their Lordships did not intend to order any investigation, on the 1 Ith June 1 addressed another letter to Mr. Secretary Lushingttfn, en- closing two medical certificates, (copies of which I have already transmitted to you,) stating, " That if their Lordships would be pleased to confer upon me an appointment in Edin- burgh, (which I therein took the liberty of suggesting) I would forego my right (to which i humbly conceived 1 was justly entitled) of an investigation of my conduct." To this communication I was not honored with any reply j but towards the end of the month, I waited upon Mr. Lush- ington, and was immediately admitted into his presence. On this, as on the former occasion, he treated me in the most gentlemanly and humane manner. He assured me " That although their Lordships would not grant any inves- tigation, they entertained the most favorable intentions to- wards me, and would confer upon me another appointment so soon as an eligible one became vacant." He ad- vised me to repair to the sea-side, or to Edinburgh to re- cruit my health, desired me to leave my address with his private secretary, and assured me that I should shortly hear from him/' 1 followed his advice, and immediately left London for Edinburgh, where I have remained to this clay, without having ever received any intimation of the promised appointment. With the disgrace, mortification, and ill health. I have since experienced, and of my ultimately being reduced to the necessity of applying on the 29th of last May for a re- tiring allowance, you are already apprised. It now only remains for me to transmit to you a copy of two letters I have received, the one from Mr. Secretary Lush- ington, and the other from Mr. Assistant Secretary Hill, since that period, together with the answers, both official and pri- _^_ 85 vate, which 1 have taken the liberty of addressing to the for- mer of these gentlemen. Sir, although you are still wholly ignorant of the injuries and insults to which I was subjected, either directly or in- directly, from Mr. Jadis, prior to my removal from office, I humbly conceive, that you are now sufficiently acquainted with my case to be satisfied that, " Forfeiture has been inflicted upon me without guilt and without compensation," conse- quently, that I am an injured man, and moreover, that I have supported my injuries with something more than human fortitude. Sir, I do not ask, and I do not expect that you will honor me with any reply to this communication. But, Mr Can- ning, 1 do humbly request, that you will intercede for me with the Earl of Liverpool, that some more handsome and more liberal compensation may be awarded me ; and, I do confidently trust, that, when the vote is submitted to Parlia- ment, I shall perceive that your intercession has not been made in vain. I have the honor to remain, With the greatest respect and gratitude, Sir, Your much obliged, and devoted humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning, M.P. On the 17th I was honored with the following communi- cation from Mr. Canning's private Secretary. FOREIGN OFFICE, November 17, 1826. SIR, I am directed by Mr. Canning to return you the en- closed papers, and to assure you, that it is absolutely out of Mr. Canning's power to find time to read them. I am also to acquaint you, that it is Mr. Canning's fixed determination not to take any further part in the business to which they relate. I am Sir, Your obedient, humble servant, (Signed) A. G. STAPLKTON. To W. C. Smyth, Esq. Convinced, as 1 was, that " Mr. Canning's determi- nation not to take any further part in the business, to which my papers related," proceeded, not from an unwillingness, but from an inability to obtain for me that JUSTICE to which, he knew well, 1 was entitled ; and being confident, in my own mind, that, as " He had ambition to prevail in great things ; he had, likewise, honour, which hath three things in it: the vantage ground to do good; the approach to Kings and principal persons; and the raising of a man's own for- tune ;"* the day was not very distant on which he himself would be Prime-Minister of England, when my enemies, persecutors, and slanderers " Would hide their diminished'heads." I resolved still further " To suffer with a quietness of spirit The very tyranny and rage of Lords Liverpool, Goderich, and Lowther," And therefore, acquiescing, to a certain degree, in " the resolution my revered Benefactor had," I was confident, re- luctantly " formed, of not interfering any further (at present) in my favour," I addressed to him the following few words words that I knew well, would speak volumes to his humane and benevolent heart : EDINBURGH, November 19, 1826. "The Romans, Mr. Canning, drive me into the sea ; and the sea, alas ! drives me back upon the Romans." I have the honor to be, With the greatest respect and gratitude, Sir, Your much obliged, and most obedient, humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning, M.P. Being still without any reply whatever to the letter 1 had, on the 14th of October, addressed to the Lords Commission- ers of his Majesty's Treasury, (" through the proper official channel for all communications with the Board,"} on the 17th December, I addressed two private letters to Mr. Lushing- ton and to Lord Liverpool, respectively, as follows : EDINBURGH, December 17, 1826. Private. SIR, Permit me respectfully to remind you, That two years and a half have now elapsed, since I was removed from ; , . ! * Bacon. 87 my late office of Paymaster of Exchequer Bills ; That one year and a half has elapsed, since you assured me, that " their Lordships entertained the most favorable intentions towards me, and would confer upon me another appointment, so soon as an eligible one.became vacant;" That seven months have nearly elapsed, since I transmitted to you my application for a retiring allowance ; That three months have elapsed, since you officially intimated to me, that my request would be acquiesced in ; That Parliament has sat upwards of a month, and now adjourned for six weeks, without the subject of my retiring allowance having been submitted to the House of Commons ; and finally, That, during the whole of this period, I have been labouring under the distressing effects of an accident, ' for the recovery from which, peace and tranquillity of mind were absolutely necessary." I have the honor to be, Sir, with the greatest respect, Your most obedient and humble servant, (Signed) W. C. SMYTH. To S. R. Lushington, Esq.M.P. EDINBURGH, December 17, 1826. MY LORD, Had your Lordship ever experienced, or had your Lordship ever even witnessed the distressing effects of a concussion of the brain, I do not think, that your Lordship would keep me so long in such a painful state of mental anxiety. I have the honor to be, With the greatest respect, Your Lordship's most obedient, humble servant, (Signed) W. C. SMYTH. To the Right Hon. the Earl of Liverpool. Immediately upon my being rejected by (the majority* of) the Directors of the Scottish Military and Naval Academy, * It is but an act of justice to the undermentioned gentlemen, who were Directors at the time, to state, that the very Rev. Principal Baird, General Stuart, of Garth, General Sir John Hope, Colonel Arch. Speus, and last, though not least, Lieut. Col. M'Bean, one and all, remained staunch friends of mine, throughout the whole of the iniquitous conspiracy which was formed against me in Edinburgh, on that occasion. In the second edition of this pamphlet, I shall, in all probability, " show up" the several worthless conspirators, in that base transaction, in their proper colours, and in proprid persona ; but at present " I only bite my thumb." Having said so much, it is proper to add, that although I do not exonerate Sir Henry Jardine from all blame, I distinctly ex-elude him from the number of the conspirators. 88 as set forth in the the official letter to Mr. Secretary Lush- ington of the 3rd November, 1825, given in page 60 of this pamphlet, J opened a private class in Edinburgh for giving instruction in the Hindoostanee and Persian languages ; and, I may truly say, met with a success beyond my most san- guine expectations. The most honorable of the number of those very directors who had rejected me (after every indivi- dual, excepting two, had actually promised me his vote) were so ashamed of their conduct, and so satisfied of my superior knowledge of Oriental languages, that they sent their sons and relations to me, to receive instruction in that branch of education, rather than to him whom they had (to my prejudice) nominated as teacher at that Institution; and in October, 1826, ordered (rather a bitter pill for their Noble Orientalist to gulp,) my publications to be used by the pupils at the Academy. Such, I say, was my success ; and so fast was I daily gaining ground in the estimation of the most respecta- ble portion of the community in Edinburgh, that had Lords Liverpool and Goderich granted me the pension I had solicited in my letter of the 29th May, (" transmitted through the proper official channel for all communications with the Board of Treasury ") in any reasonable time, I should have recovered my health, been able to have earned, at least, 300. per annum, by my own exertions ; and thus have been, comparatively speaking, a happy man, and a useful member of society. But, alas ! the chagrin, mortification, and anxiety to which my mind was still subjected, by the contempt to which every overture, on my part,for an amicable ajustment of my le- gal claims on their Lordships,was treated, brought on another severe attack of illness, and obliged me to abandon my class, to forego the society of my most amiable and affectionate sister, and to seek health in a foreign country, in which, at the period of my arrival, 1 knew not a living soul. On the 25th of December, in conformity with the advice of my much esteemed friend, and medical attendant Dr. Ballingall, I reluctantly quitted Edinburgh for Boulogne-sur- Mer ; but which place (my journey having been protracted by severe illness,) I did not reach until the middle of January. So soon after my arrival as I was able to collect my ideas, I again addressed the following official communication to Mr. Secretary Lushington. BOULOGNE- SUR-MER, February 10, 1827- SIR, 1 beg leave respectfully to acquaint you, for the information of the Lords Commissioners of his Majesty's Treasury, that, having had another severe attack of illness towards the end of last December, 1 left Edinburgh, at that period, in conformity with the advice contained in the en- closed certificate of Dr. Ballingall. Parliament having now re-assembled, I humbly hope, that their Lordships will be pleased to take the earliest favorable opportunity of submitting to the Legislature the vote for my retiring allowance ; and, that many days will not elapse be- fore I have the satisfaction of receiving an intimation from you, that a just and liberal provision is secured to me. 1 have the honor to be, Sir, With the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH. To S. R. Lushington, Esq. M.P. I hereby certify, that W.C. Smyth, Esq. has suffered severely from repeated attacks of determination of blood to the head, and from stomach complaints ; and I am therefore of opinion, that he should try the effects of a change of air and scene. (Signed) GKO. BALLING ALL, M.D. EDINBURGH, December 23, 1826. This letter, like every other official communication I had made to that gentleman, since the base conspiracy formed against my fortune, my health, and my character by that worthless individual, Mr. Jadis, was treated with silent contempt* On the 17th, id est, that very day two months on which I had addressed to Lord Liverpool my prophetic letter of the 17th December, it pleased Almighty God to afflict his Lordship with " a concussion of the brain," the consequence of which, though not proceeding from the same cause as mine, is not less distressing, either to his Lordship, or to his relations and friends. But, alas ! "Sic transit gloria muudi." Here ended the fourth ACT in this tragi-comedy of Errors j and of arbitrary, unjust, inhuman and illegal conduct to- wards me aye, and from men too, who, as 1 had always thought, would never have ill used a dog ! ! ! 90 Gentle reader ! before entering upon the fifth and last ACT in this tragi-comedy of Errors; and of arbitrary, unjust, in- human and illegal conduct towards me, I shall take the liberty of making some observations ; first, upon Mr. then Secretary Lushington's letter of the 20th September, and secondly, upon Mr. Assistant Secretary, the late Mr. Hill's letter of the llth October. First then, with respect to Mr. Lushington's letter, I maintain, that it was, in the strictest acceptation of that word, official. It is true, the whole of it was written with Mr. Lushington's own hand, and that it did not commence in the usual official pompous strain " I have it in command," but, on the other hand, neither the letter itself, nor the envelope were superscribed with the word private ; both of which were invariably done so, when Mr. Lushington favored me with private communi- cations. With respect to the language and contents of that letter, I maintain, that nothing could be more kind, more humane, or more encouraging, The invitation therein given me, to bring forward every claim I might have for length of ser- vice ; and the anxiety Mr. Lushington therein evinced, to ascertain every circumstance favorable to such claim ; and finally, his requiring me to transmit to him another medical certificate, as to the present state of my health, were, I assert, as much as to inform me, in the most unequi- vocal language, that " the Lords Commissioners of his Majesty's Treasury intend to avail themselves of the Fower vested in them, by Sec. V. Cap. 113 of 3rd Geo. V, and making a special case of yours, thereby to consider your length of service as 15 years, to grant you a proportionate pension to take effect for the current quarter ; and (as a matter of course) a sum by way of com- pensation, equal to the whole of your salary and emolu- ments from the period of your removal from office up to the commencement of the pension." Such, I contend, is the only fair construction which can possibly be put upon the style and language of Mr. Lushington's letter* Again, Mr. Lushington says, in the first paragraph of his letter, " Your pe- tition for a retiring allowance will be taken into consideration at the usual quarterly period" Now, as my petition had been transmitted to their Lordships (" through the proper official channel for all communications ivith the Board of Treasury ;") so far back as the 29th of May, one of the " usual quarterly periods," viz the 5th of July, had been permitted to elapse, without my petition for a retiring allowance having been taken into consideration. What then, 1 ask, could possibly justify such a delay, in deciding on my application, but that their Lordships intended to give it the most favour- able consideration ? And, what I ask, was the object of Mr. Lushington, in desiring me to furnish him with another medical certificate of the state of my health at the present time, but that their Lordships might have in their posses- sion one dated subsequent to my completion of 15 years ser- vice, the former having been written and transmitted to them, about a month previous to the expiration of that period ? Secondly, with respect to Mr. Assistant Secretary, the late Mr. Hill's letter, I have, in the first place, to ask, how did it happen, that he (who was the well-known friend and patron of the Waterfield family, from one member of which I had received such gross and unprovoked insults, when his " official superior,"} how, I ask, did it happen, that the said Mr. Hill, had any thing whatever to do with my re- tiring allowance ? Secondly, supposing, for the sake of argument, that 1 had no claim to have my case considered as a special one, and had received no encouragement from HIS " official superior," to expect that it would be so considered, still I maintain, that if 1 was entitled to any pension at all, I was entitled to the arrears of that pension, not from the 5th of April, 1826, but from the llth June, 1824, the day on which I was removed from office. Thirdly, as the 1 1 Ird and Vth sections of the before mention- ed Act authorise the Lords Commissioners of his Majesty's Treasury, to grant superannuation allowances, in the first in- stance, without any reference to Parliament, how did it happen that the late Mr. Hill's letter did not communi- cate to me, that their Lordships had granted to me the therein mentioned retired allowance, instead of only acquaint- ing me that " my Lords would submit a vote to Parlia- ment for granting to me the said retired allowance ?" Fourthly, there is one advantage, and that not an incon- siderable one, which 1 have derived from that letter, viz. a complete acknowledgement, on the part of the then Lords Commissioners of his Majesty's Treasury, first, that / had at length given them sufficient proof of the truth of my former Assertion, respecting "the serious and alarming accident," which had befallen me on the 6th August, 1823 ; and moreover, that neither " upon a full consideration of the se- veral letters and papers relative to my conduct," nor by " the proceedings which led my colleagues and the clerks acting un- der me to make such frequent complaints to the Board 12* of Treasury, nor by " the offensive expressions contained in my letters of the llth December, 1824," nor by any other ff of all the circumstances which led to my removal from the office of Paymaster of Exchequer-Bills," had I, in their Lordships' estimation, forfeited my claim to a retiring allow- ance ! ! ! Then, I ask, does it not follow, as a matter of course, that I was unjustly and illegally removed by Mr. Secretary Lush- ington's letter of the llth June, 1824, from that appoint- ment ; and consequently, (as " it is never too late to do JUS- TICE,")* that I have a right aye, AN UNDOUBTED RIGHT TO BE RESTORED ? ? ? Gentle reader ! It will not, I think, be denied me, that every human being is liable to err ; and, that the best of men are the most easily imposed on. The intelligent man can, however, ultimately discover that he has been imposed on ; the liberal-minded man does not hesitate to acknowledge his errors, and that he is satisfied he has been imposed on ; and the truly noble-minded man, " will not leave a stone unturned," until he has endeavoured, by every means in his power, to make ample reparation to him, who may have suffei'ed by his errors, and by his misconduct con- sequent upon those errors. Such, I say, in this transaction, has it happened to, and such, I say, in this transaction, has been the conduct of the Right Hon. Stephen liumbold Lushington, now Governor of Madras, then, one of the joint Secretaries of his Majes- ty's Treasury. After the calamity which had befallen the Earl of Li- verpool, I remained in anxious suspense until it should be known upon whom His Majesty would confer the honor of the Premiership. In the beginning of April, I had the satisfaction to learn that the King had been gra- ciously pleased to confer it upon him whose kindness, benevolence and humanity towards me, had been the main, if not the only source of the small portion of comfort and conso- lation I had enjoyed during the last four years of my life. Before relating the particulars of the steps which I con- fidently took to obtain JUSTICK from my revered benefactor, at the period when he was Prime Minister of England, it is necessary that I should inform my readers of the circum- stance which led to my having the honor, the happiness, the pleasure, and the good fortune to be personally acquainted with that inestimable man. * See Mr. Caaning's speech on the subject of the restoration of the Scotch Peerages. 93 " You, noble Canning! shall not be The grave of your deserving ; Rome must know The value of her own: 'twere a concealment Worse than a theft, no less than a traducement To hide your doings." Coriolanui. Learn then, gentle reader, that in 1822, when Mr. Canning was appointed Governor General of India, that truly noble and liberal-minded man was not above qualifying himself, in the minutest degree, for the exalted station he was about to fill. With this view, he determined to acquire some knowledge of Oriental Languages, previous to his embar- kation for that country ; and 7, gentle reader, I had the honor, the pleasure, the happiness, and the good fortune to impart that knowledge to the Right Hon. George Canning, and to the other gentlemen, his personal staff, who were about to accompany him to that distant region. Although well-known circumstances subsequently intervened, that rendered the knowledge of Oriental Languages, (which my poor abilities had done their best to impart,) of no utility, either to Mr. Canning, or to his suite, that inestimable man, from that period, up to, I may truly say, the hour of his death, seemed to think he never could sufficiently remune- rate me for (what he considered) the trouble ; for (what 7 considered) the amusement and pleasure, I had experienced, on that occasion. In conformity with this impression, in 1823, Mr. Canning was pleased to offer to procure for me a cadetship to India, should I have a son or a near relation to whom such an appointment might be acceptable. Not, how- ever, having any relative for whom such an appointment would be desirable, I declined, upon that occasion, availing myself of the kind, liberal, and disinterested intentions Mr. Canning had been pleased to signify of serving me. When, however, in the beginning of 1824, Mr. Canning was elected one of the Governors of the Charter House, I took the liberty of ad- dressing a few lines to him, intimating that I had, under my care, the son of one of my brothers for whom I was anx- ious to obtain a nomination as a scholar on the Foundation of that Institution. Five days after I had thus signified my wishes to Mr. Canning, I was honored with a reply from my revered bene- factor, as follows: 94 GLOUCESTER LODGE, January 28, 1824. SIR, I could not answer your letter of the 23re/, without previous inquiry at the Charter House, as to the extent and nature of my patronage. I have one positive engagement for a scholarship. I find that I am likely to be able to fulfil this engagement easily in next year. So that it will be out of the way before your nephew could be eligible ; for there is no admission before ten years of age. The next (if we all live) shall be at your service. I am, Sir, Your obliged, humble servant, (Signed) GEO. CANNING. To W. C. Smyth, Esq. From that day, up to the period of Mr. Canning's being appointed Prime Minister, I never troubled him any further, on this subject ; nor was I honored with any communication thereon from my revered Benefactor. Towards the end of April 182J, another brother of mine, residing in Devonshire, (to whom I had, in consequence of the ill-health and the accumulation of difficulties to which i had been so long, so cruelly, so undeservedly and so illegally subjected, been compelled to deliver over my little charge,) wrote to me that he understood Mr. Canning had now an opportunity of fulfilling his promise, on the subject of the nomination to the Charter House; and requested me to take some steps to remind him thereof. At first, I resolved not to comply with my brother's request, but to rely en- tirely upon Mr. Canning's own memory for the performance of his promise. Upon further consideration, however, I re- flected that my non-compliance might be interpreted by my brother into a luke-warnmess in obtaining the appointment for the son of our mutual relation ; and to a fear, on my part, that my making any application to Mr. Canning upon that subject might be the means of affecting my own public claims upon his humanity and his JUSTICE, as First Lord of the Treasury; I therefore resolved to address a few lines to my valuable friend, Mr. Can- ning's former private Secretary, Mr. Backhouse then and now, Under-Secretary of State for Foreign Affairs, request- ing that gentleman to take a favorable opportunity, when Mr. Canning might have a few moments leisure, to acquaint him with what I had heard, and to remind him of the pro- mise he had been so kind as to make me, so far back as 95 January 1824. The following is the very friendly reply with which I was immediately favored by Mr. Backhouse ; FOREIGN OFFICE, April 30, 182J. MY DEAR SIR, I have great satisfaction in acquainting you that Mr. Canning had anticipated your application. A letter was sent to you at Edinburgh,* a day or two ago, to apprize you that Mr. Canning had nominated your nephew to the late vacancy at the Charter House. I am, My dear Sir, Your obedient servant, (Signed) J. BACKHOUSE. To W. C. Smyth, Esq. P.S. Is his name Charles Smyth only ? Immediate steps should be taken for his entrance at the Charter House. On the fourth of May, I replied to Mr. Backhouse as follows : BOULOGNE-SUR-MER, May 4th, 1827. MY DEAR SIR, Many thanks for your prompt and friendly answer to my letter of the 26th ultimo, and in reply, I beg to acquaint you, that my nephew's name is Charles Carmi- chael Smyth. In consequence of the continued distressing state of health in which I have constantly been kept, ever since the acci- dent which befell me in August 1823, I was last summer obliged to relinquish my young charge (whose father is in India,) to my brother Henry. I have written to him by this day's post, and have taken the liberty of enclosing the letter to you, in the hope that you will have the goodness to forward it j and should any information, as to my nephew's age, or any other particulars be requisite to be furnished, that you would do me the favour of communicating directly with my brother, whose address is Larkbeare House, Ottery, St. Mary, Devon. I now have to beg the favor of you, to return rny grateful thanks to Mr. Canning for this distinguished mark of ap- probation which he has been pleased to confer upon me ; and, at the same time to request that you will have the * This letter, which was from Mr. Canning's then private Secretary, Mr A. G. Stapleton, ultimately reached me at Boulogne. 96 goodness to take the earliest convenient opportunity of sub- mitting the enclosed letter to Mr. Canning. I remain, my dear Sir, With much esteem, Your obliged, and humble servant, (Signed) W. C. SMYTH. To J. Backhouse, Esq. SfC., SfC., SfC. BOULOGNE-SUR-MER, May 4, 182/. SIR, The All-wise Disposer of human events having, at length, placed you in that situation of life in which you have it in your power, I humbly hope you will now consider it your duty, as I am convinced it is your inclination, to render me justice. Under this firm impression, I beg leave most respectfully to request, that you will be pleased, at your earliest conve- nience, to order a full and impartial investigation of all the circumstances which led to my removal from the office of Paymaster of Exchequer-Bills. I have the honor to be, Sir, With the greatest respect and gratitude, Your much obliged, and most obedient, humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning, M.P, first Lord of the Treasury, Sfc. fyc. fyc. From that time up to the llth June, I never was honored with any further communication, either from Mr. Canning, or from Mr. Backhouse. On that day, I therefore again ad- dressed my revered Benefactor, and transmitted my letter, through the post, direct to himself. The folio wing is a copy of my letter : BOULOGNE-SUR-MER, June 11, 1827. SIR, When I inform you, That three years have this day elapsed, since I was removed from the office of Paymaster of Exchequer-Bills, not only without any investigation of my conduct, but, even without being made acquainted with the crimes or offences with which 1 was charged ; That two years have nearly elapsed, since Mr. Secretary Lushington assured me, that notwithstanding my removal, the Lords Commissioners of his Majesty's Treasury entertained the most favorable intentions towards me, and would shortly confer upon me an appointment, equivalent in respectability and emolument to that from which [ had been removed ; 97 That upwards of one year has elapsed, since, not having received any intimation of the promised appointment, and finding my health lamentably impaired, from the long pro- tracted state of suspense, agitation, and anxiety in which my mind had been thus kept, added to the distressing effects of a violent concussion of the brain, occasioned by a fall from my horse only a few months previous to my removal from office, I solicited a retiring pension ; That eight months have elapsed, since I received an official letter acquainting me, " that upon a review of all the circumstances, which led to my removal from the office of Paymaster of Exchequer- Bills, and the continued distressing state of my health, the Lords Commissioners of his Majesty's Treasury would sub- mit a vote to Parliament to grant to me a retiring allow- ance ;" That, since that communication, I have never received any other whatever from my official superiors ; I humbly hope that you will not consider me as importunate if I now respectfully request that you will be pleased, at your earliest convenience, to honor me with a reply to the letter J took the liberty of addressing to you, on the 4th of last month, through the medium of Mr. Backhouse. I have the honor to be, Sir, With the greatest respect, Your much obliged and grateful humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning, M.P. First Lord of the Treasury, fyc., fyc., Sfc. On the 17th I had the pleasure to receive the following letter from Mr. Backhouse : FORKIGN OFFICE, June 15, 1827- DEAR SIR, I duly received, about five weeks ago, your answer to the letter in which 1 announced to you, that Mr. Canning had nominated your nephew to a vacancy at the Charter House; and I lost no time in writing, agreeably to your request, to your brother in Devonshire. Not having since heard anything to the contrary, I take for granted that your nephew has been admitted. A press of business has hitherto led me to defer, from post to post, the writing to you upon another subject, which the arrival of a second letter, from you to Mr. Can- ning, compels me no longer to postpone. A day or two after the receipt of your letter of the 4th of 13 May, Mr. Canning's private Secretary brought to me your letter of the same date to Mr. Canning, (which, in the regular discharge of his duty, he had opened, in order that it might be docketed and registered, before it was submitted to Mr. Canning,) representing to me, his strong conviction, that it would be highly inexpedient to lay it before him, especially at that particular time ; and he begged of me, as a friend of yours, to suggest not only an alteration in the expression of the letter itself, but also a little delay in the time of pressing the object of it upon Mr. Canning's attention. A perusal of the letter, and my knowledge of the harassing public concerns with which Mr. Canning was overwhelmed, induced me to concur, without hesitation, in Mr. Stapleton's suggestion ; and I undertook to write to you upon the sub- ject, to recommend you to suspend the statement of your official claims, until after the rising of Parliament. Of this undertaking, I now tardily acquit myself. The passages in your first letter, which we both thought might prejudice rather than forward your object, were those in which you express your hope that Mr. C. " will now con- rider it his duty" to order &c. &c., and that he will do so at his " earliest convenience." We also regretted, that the letter should have contained no acknowledgment of the act of favor, with respect to the Charter-House nomination ; which acknowledgment must have been more grateful to Mr. Canning, coming direct from you, than through any third person. Having given you this frank explanation, it is for you to decide whether you still wish your first letter to be pre- sented, or whether you will withdraw both the first and the second, (a& the latter alludes to the first,) and make your application notv, as if you had waited for a period of less embarrassment, than that which immediately succeeded Mr. Canning's nomination to the head of the Government. I ain, with great truth, Dear Sir, Your's very truly, (Signed) J. BACKHOUSE. To W. C. Smyth, Esq. To this I immediately replied as follows : BOULOGNK-SUR-MER, June 18, 1827. Mv DKAR SIR, I yesterday had the pleasure to receive your very friendly letter of the 15th inst., and beg to return you my most grateful thanks for the trouble you have taken, both on the subject of the nomination to the Charter- House, which Mr. Canning had been pleased to give me for my nephew, and also that of the application I am now compelled to make to Mr. Canning, in his official capacity as First Lord of the Treasury. I have not heard directly from my brother in Devonshire, since you were so kind as to write to him agreeably to my request, but I am informed, from another quarter, that my nephew has been admitted, and is now ac- tually enjoying the benefit of Mr. Canning's liberality. An unqualified confidence in the sincerity of your friend- ship towards me, and the very frank and considerate manner in which you have been pleased to express yourself, added to a perfect conviction, in my mind, of the force and propriety of the suggestions you have been kind enough to make, leave no alternative with me, but implicitly to adopt them. I have, therefore, now to request the favor of you to cancel my two former letters to Mr. Canning, and to submit to him the enclosed, which I trust will, in every particular, meet with your and Mr. Stapleton's approbation. With my best respects to that gentleman, and with every sentiment of esteem and regard towards yourself, J remain, My Dear Sir, Your much obliged and grateful humble servant, (Signed) W. C. SMYTH. To J. Backhouse, Esq. BOULOGNK-SUR-MER, June 18, 1827. SIR, Permit me respectfully to offer you my sincere and grateful thanks for the distinguished favor you have recently been pleased to confer upon me, by the nomination of my nephew to a Scholarship at the Charter-House; a favor far beyond that to which 1 had any claim; but, 1 am free to ad- mit, not beyond what my knowledge of your character led me to expect. When you have sufficient leisure, from your numerous and more important public avocations, to turn your attention to the case of an individual who has been, during the long period of upwards of three years, patiently, and submissively labouring under the severest privations of fortune, of health, and of character, I humbly request, that you will be pleased to order a full and impartial investigation of all the circum- 100 stances which led to my removal from the office of Paymas- ter of Exchequer-Bills. I have the honor to be, Sir, With the greatest respect and gratitude, Your most obliged and most obedient humble servant, (Signed) W. C. SMYTH. To the Right Hon. George Canning. M.P. First Lord of the Treasury, fyc., <3fc., fyc. On the 53rd Mr. Backhouse favored me with the following acknowledgment of the receipt of the before-given letters. FOREIGN OFFICE, June 23, 1827. DEAR SIR, I am glad to perceive, by your letter of the 18th inst., that you approved of the discretion which Mr. Stapleton and 1 took the liberty of exercising, with respect to your former letters. That which you have now enclosed to me has been deli- vered to Mr. Stapleton. I am, dear Sir, Your most obedient servant, (Signed) J. BACKHOUSE. W. C. Smyth, Esq. Gentle reader ! let it not be forgotten, that this appoint- ment to the Charter House was promised me by the Right Hon. George Canning when I was in prosperity, and when he was only second Minister of this country ; and that it was con- ferred upon me when I was at the lowest ebb of adversity, and when he was Prime Minister of England ; aye, and at a moment too, when patronage was invaluable to him. But he had said " (if we all live) my second nomination shall be at your service," and " His words were bonds, his oaths were oracles, His love sincere, his thoughts immaculate ; His tears, pure messengers sent from his heart ; His heart as far from fraud, as heaven from earth." Two Gentlemen of Verona. Not having been honored with any reply from Mr. Can- ning,* or favored with any further communication from Mr. Backhouse ; and my health, (which had been in a very precarious state, during the whole of the time that I resided at Boulogne,) becoming daily more and more impaired, I resolved to try again the effects of a change of air and * From that period, the increasing pressure of public business, the bitter political hosflity which pursued him, and his declining health, account suffi- ciently (as I humbly conceive) for Mr. Canning's silence. 101 scene, from which I had hitherto invariably derived consi- derable benefit. Being, however, (owing to the unwarrantable conduct of my Proctor, Mr. Arthur Loveday,) still hampered, and harassed with the groundless, vexatious, and iniquitous suit, which had been then pending against me upwards of three years, in Doctors' Commons, 1 was unable to repair to London. I therefore determined to return again to Edinburgh ; there to wait the convenieuceof my revered Benefactor, from whom (" if we all lived!") I was as confident of ultimately obtaining JUSTICE ; aye, ample and complete JUSTICE, as I should have been from my own father. But, alas ! when " I put forth The tender leaves of hope, And thought full surely My greatness was a ripening, There came a frost, a killing frost ; And nipt my root, And then I fell," Henry VIII. as you shall see, gentle reader, in the sequel. I reached Edinburgh, for the third time, since my removal from office, on or about the first of August. I had scarcely time to recover myself from the fatigues of my journey, when I received the sad intelligence of the severe illness with which Mr. Canning was afflicted. And scarcely had I heard of his illness, before 1 received the melancholy tidings of his ever-to-be-lamented death. Judge, gentle reader, I pray you, (if possible) of the indescribable grief with which this appalling event overwhelmed me ! Thus deprived of the countenance and support of my revered Benefactor, a benefactor, who, I may truly say, from the moment of my having had the honor to be intro- duced to him in 1 82$, up to the very hour of his dissolution, had heaped upon me repeated and unequivocal proofs of the most marked favor, condescension and kindness, at a mo- ment too, when I was ingulphed in an abyss of trouble, em- barrassment and woe j and at a period, also, when he was seated upon the pinnacle of power ; aye, and in that very department of the Executive Government in which my long- dormant claims for JUSTICE were to be considered, I ad- dressed the following letter to niy valuable, and much es- teemed friend, Mr. Backhouse, as the only individual who, from knowing what I had already received, could value what I had to expect at the hands of that upright, just, and 102 honorable man ; and consequently the only individual who could duly estimate the irreparable loss I had sustained by the premature, and lamented death of the Right Hon. George Canning. EDINBURGH, August 18, 1827' MY DEAR SIR, The awful dispensation of Providence which has deprived his Majesty of the invaluable services of the Minister of his choice ; a choice which met with, I may al- most say, the universal approbation of his subjects, in every part of the united kingdom, has deprived me also, as you well know, of my benefactor, and effectually closed the door from a chance of my ever obtaining, in this world, that full and impar- tial justice, so long and so cruelly withheld from me by my official superiors men who, as I had always thought, would never have acted with injustice no, not even to the meanest of their dependants. Under these appalling, distressing, and unprecedented cir- cumstances, I know of no person on this earth, (save your- self) to whom I can look for assistance ; and I feel convinced, that you will not suffer an individual to be sacrificed, who, both in prosperity and in adversity, was honored alike with the countenance and support of the ever-to-be-lamented George Canning. I remain, my dear Sir, With great regard, Your much obliged, and grateful humble servant, (Signed) W. C. SMYTH. To John Backhouse, Esq. Not having been favored with any reply from Mr. Back- house, I addressed him again on the 18th September as follows : EDINBURGH, September 18, 1827- MY DEAR SIR, On the 18th of last month, 1 took the liberty of addressing a few lines to you, expressive of my hope that, now that 1 had lost my benefactor, you would en- deavour to obtain for me some justice. Not having heard from you since, I feel confident, that you are exerting your kind offices with my Lord Goderich for this purpose ; as I am convinced, that you had not been able to accede to my request, you would not have kept me so long in unnecessary suspense. Under this firm conviction, I now take the liberty of troubling you again with this com - 103 munication, to request the favor of you to have the good- ness to inform me, what success has attended, or is likely to attend your friendly exertions in my behalf. 1 remain, my dear Sir, With great regard. Your much obliged, and grateful humble servant, (Signed) W. C. SMYTH. To John Backhouse, Esq. On or about the 24 September, I had the melancholy satisfaction to receive the following answer from my kind, humane, and benevolent friend. LONDON, September 22, 182/. Private. MY DEAR SIR, It is not intentionally, that my reply to your late communications (the last of which was dated the 18th inst.,) has been delayed, but literally from want of time. Unfortunately you apply to one, who, in a case of difficulty, would now himself have to look around him for a protecting friend, on whom he might feel that he had a right to rely. Since the loss of my revered benefactor, in whom consisted all the strength, as well as all the happiness of my official life, 1 am myself in a situation to need support, not to give it ; and I do assure you, that were the case that of my own brother, 1 could not presume to apply to Lord Goderich upon it. 1 am very sorry to have to return an answer which I fear, from the tone of your letter, will disappoint you ; but it is my misfortune to be now unable to return any other. 1 am, my dear Sir, Your most obedient, and faithful servant, (Signed) J. BACKHOUSE. W. C. Smyth, Esq. As soon as I had, in some degree, recovered from the severe shock which my already- shattered constitution had again received by this appalling calamity, I resolved not to give myself up to despair. 1 reflected that my revered Benefactor had said (see Mr. Canning's speech at Liverpool, on the loth January, 1814.) " Times of trial and diffi- culty are times in which the minds of men are brought to the proof;" and that, from his " Blindness to the future, kindly given," 104 Man ought never to despond j for every day's experience in life shows us that those very events which, on the first view, appear the most calamitous that could have befallen us, frequently, in the end, prove to have been the most advan- tageous that could have happened : such is the inscrutable will of Heaven. Being perfectly convinced that I could not expect to ob- tain any JUSTICE from the immediate successor of my re- vered Benefactor, unless I waited upon his Lordship with a mandamus in my hand, and unable (while hampered with the iniquitous suit which was still pending against me, in Doctors' Commons,) to take any legal steps to en- force JUSTICE, I determined immediately to arrange for publication the whole history of those nefarious proceedings ; in the hope, that by laying them before the public, I might shame my opponents into a sense of their duty. After three months great expense, labour, and fatigue, I at last, towards the middle of November, published a statement of my case, as connected with that suit. The ex- citation to which my mind was necessarily exposed, by that intense fatigue, brought on repeated attacks of illness. During the prevalence of one of these attacks, I addressed the follow- ing private letter to Lord Viscount Goderich, at that time First Lord of the Treasury. Private. EDINBURGH, October 8M, 1827- MY LORD, I beg leave respectfully to assure your Lord- ship, upon the honor of a gentleman, who I believe never told an untruth in his life, that I am at this moment suffering as severely from the effects of the accident which befel me on the 16th August, 1823, as I have been at any one period since that unfortunate event. I have the honor to be, my Lord, With the greatest respect, Your most obedient, humble servant. (Signed) W. C. SMYTH. To the Right Hon. Lord Viscount Goderich. No notice whatever having been taken of the foregoing, on the 22nd of December, I addressed the following official letter to my old and valuable friend, Mr. Joseph Planta, who had succeeded Mr. Lushington, as Secretary to the Treasury. 105 EDINBURGH, December 22, 182/. SIR, On or about the 13th of October, 1826, I had the honor to receive a letter from Mr. Assistant Secretary Hill, dated the 1 1th of that month, acquainting me, "that, upon a review of all the circumstances which led to my removal from the situation of Paymaster of Exchequer-Bills, and the continued distressing state of my health, the Lords Commis- sioners of his Majesty's Treasury would submit a vote to Parliament, for granting to me a retired allowance, at the rate of 166 per annum, to commence from the 5th of April, 1826." Not having had the honor to receive any com- munication, whatever, from my official superiors since that period, I have now to request the favor of you to solicit the permission of their Lordships, that they would be pleased to authorise you to inform me, whether that or any other retired allowance has as yet been granted to me. 1 have the honor to be, Sir, With the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH. To J. Planta, Esq. M. P. Although I was not honored with any official reply, Mr. Planta had the benevolence to write me a. private note, in- forming me, that the Pension of 166 per annum had been voted to me, and that I had only to apply to the Paymasters of Exchequer-Bills for payment thereof. A day or two after I had addressed the foregoing letter to Mr. Planta, I again, by the advice of my medical friends, quitted Edinburgh for France in search of health. I remained first in Paris, and then at Boulogne, until the beginning of May, when, my proctor, Mr. Arthur Loveday, still persisting in his illegal refusal to appeal my cause to the High Court of Delegates, I returned to London with the determination of either forcing him to do his duty, or to de- mand my dismissal from that groundless, vexatious, and ini- quitous suit. My presence over-awed my enemies. The ad- verse Proctor, Thomas Dyke, rather than hazard the re - suit of an appeal to that superior Tribunal, submitted to forego his right to those costs to which, both Sir Christopher Robinson, (late Judge of the Consistorial Court of London) and Sir John Nicholl, Judge of the Arches Court of Canterbury, decreed he was entitled ; and thus, after persecuting me during Four years, was at length, on the 10th of last May, 106 reluctantly obliged to permit me to be dismissed that suit. The agitation, anxiety, and exertion caused by this last effort of mine to obtain JUSTICE in those courts, though successful, brought on another severe attack of illness, by which I was confined to my room for nearly three weeks. During this illness, I Avas again attended by my skilful, humane, and liberal friend, Dr. Anthony Todd Thomson. As soon as I had in some degree recovered, 1 resolved to apply for JUSTICE to the Duke of Wellington, then, and (I am sorry to say) now First Lord of the Treasury. Being, however, much in want of money ; and unable at that pe- riod to undergo the fatigue of an investigation, on the 24th of May I addressed the following official letter to Mr. Planta : DEAN STREET, SOHO, May 24, 1828. SIR, I have the honor to transmit to you a Certificate from the medical gentleman who has attended rne on nume- rous occasions, since the 16th of August, 1823; and beg leave respectfully to acquaint you, for the information of the Lords Commissioners of his Majesty's Treasury, that, not having been honored with any reply to the letter I took the liberty of addressing to your predecessor, Mr. Secretary Lusnington, on the 14th of October, 1826, it is my intention, so soon as my health is sufficiently recovered for that pur- pose, to request from their Lordships a full and impartial in- vestigation of all the circumstances which led to my removal from the office of Paymaster of Exchequer-Bills ; as well as of the different promises which have been held out, and of the occurrences which have happened to me since that event. Having been informed that the arrears of a pension of 166 a year are now laying at my disposal with the Pay- masters of Exchequer- Bills, I have to request, that you will be pleased to solicit their Lordships' permission, that 1 may be allowed to receive the same, without prejudice to the in- vestigation, or to any claims either to office, or to increase of pension, to which I may, in their wisdom and justice, hereafter appear entitled, upon a full and fair consideration of all the particulars of my unfortunate case. 1 have the honor to be, &c. &c. (Signed) W. C. SMYTH. To J. Planta, Esq. M, P. 107 3, HINDE STREET, MANCHESTER SQUARE, May 24, 1828. This is to certify, that William Carmichael Smyth, Esq. is under my medical care, and 1 find it necessary to recom- mend him to leave London for some time ; as rest and quiet are absolutely necessary for the restoration of his health, which is still affected by the severe accident which befel him in 1823, and much anxiety and agitation of mind, which have since supervened. (Signed) ANTHONY TODD THOMPSON, M.D. Member of the Royal College of Physicians of Loudou- Not having been honored with any reply, on the 31st of May I again left London for Edinburgh ; and, after remain- ing there about a fortnight, I returned to the metropolis with my health, in a slight degree, improved. On the 23rd of June, J again addressed Mr. Planta as follows : DEAN STREET, SOHO, June 23, 1828. SIR, With reference to the letter I had the honor of ad- dressing to you, on the 24th of last month, I have now to beg the favor of you to submit to the Lords Commissioners of his Majesty's Treasury, my humble request, that their Lord- ships will be pleased, at their earliest convenience, to order a full and impartial investigation of all the circumstances which led to my removal from the office of Paymaster of Exchequer-Bills ; as well as of the different promises which have been held out, and of the occurrences which have hap- pened to me since that event. I have the honor to be, &c. &c. (Signed) W. C. SMYTH. To J. Planta, Esq. M. P. Secretary to the Treasury. I must confess, that I did not make this application with any the slightest expectation that it would (from the powers that be) meet with that attention which it deserved ; but, as three weeks had elapsed without my having been honored with any reply, I began to entertain hopes that I was mis- taken on this subject that his grace the Duke of Welling- 106 ton was about to render me that JUSTICE which had been so long, so cruelly, and so illegally withheld from me. I however was not kept very long under this delusion. I soon perceived to my cost, that, alas ! " Old times were chang'd, old manners gone, A soldier fill'd just CANNING'S Throne." The vain expectation was, in fact, no sooner formed than it was completely dispelled by the receipt of the following official letter from Mr. George Dawson, the well-known inveterate, implacable, and remorseless enemy of my re- vered Benefactor the upright, the just, the noble-minded CANNING. TREASURY CHAMBERS, July 9, 1828. SIR, Having submitted to the consideration of the Lords Commissioners of his Majesty's Treasury your further letter of the 23rd ultimo, on the subject of your removal from the office of Paymaster of Exchequer-Bills, I am commanded to acquaint you, that your case has al- ready been fully considered, and decided on ; and that their Lordships see no sufficient grounds for directing a reinves- tigation thereof. I am, Sir, Your obedient servant, (Signed) G. DAWSON. To Win. Carmichael Smyth, Esq. Dean Street, Soho. The day after the receipt of the foregoing, I replied to it as follows : No. 3, MANCHESTER BUILDINGS, July IJth, 1828. " It is an invariable maxim of our law, that no man shall be punished before he has had an opportunity of being heard." Lord Kenyan <' Vested rights must be respected." Right Hon. Wm. Huskitsson. " It is never too late to do justice." Right Hon. George Canning. SIR, I have the honor to acknowledge the receipt of Mr. Secretary Dawson's letter of the 9th instant; which, owing to my having removed from Dean-Street, reached meonl y yesterday. The whole of the correspondence with my official supe- riors, on the subject to which Mr. Secretary Dawson's letter refers, having (with the exception of one letter, I had the honor to receive from the late Mr. Assistant Secretary Hill,) 109 been with your immediate predecessor, Mr. Secretary Lush- ington, 1 shall, with your permission, continue to address the Lords Commissioners of his Majesty's Treasury, through the same department. Upwards of a fortnight having elapsed since I had the honor of transmitting to you, my letter of the 23rd ultimo, and the date of Mr. Secretary Dawson's answer, I must con- fess, I began to entertain sanguine hopes that I should be honoredwith a favorable reply, that the present Lords Commissioners of his Majesty's Treasury were disposed to render me that justice which has been so long, and so cruelly - withheld from me. But Mr. Secretary Dawson informs me, that he is com- manded to acquaint me, " That my case has been already fully considered and decided on ; and that the Lords Com- missioners of his Majesty's Treasury see no sufficient grounds for directing a reinvestigation thereof." Had this been literally the fact, I myself should have seen no sufficient grounds to solicit their present Lordships to direct a reinvestigation thereof; but, as I deny the premises so do I also deny the justness of the inference. I assert that my case has never been fully considered ; but, that the Earl of Liverpool, and the then Lords Commissioners of his Majesty's Treasury, condemned me upon an exparte state- ment, and acquitted me (not after having afforded me an opportunity of being heard, but) simply upon a review of that exparte statement of my accusers. But, Sir, although virtually acquitted, I am still actually labouring under the effects of condemnation. I am deprived of my fortune, of my health, and of my character. I beg leave respectfully to add, that I have letters in my possession from their Lordships' immediate Predecessor, the upright, the just, and the ever-to-be-lamented, the late Right Hon. George Canning, which prove, beyond a doubt, that that enlightened, and liberal-minded Minister considered that I had not been treated with common fairness, ft in being deprived of my bread and of my rank in society, not only without a hearing, but even without being made acquainted with the crimes or offences with which I was charged;" and that, had it pleased the Almighty to have spared him life and health for a few months longer, he would have granted me that full and impartial justice 1 now solicit from his suc- cessor, the Duke of Wellington. I have therefore to request, that you will be pleased to submit the before-mentioned facts to the notice of the Lords 110 Commissioners of his Majesty's Treasury ; and to signify to their Lordships, that if, they will do me the justice to order the full and impartial investigation 1 have solicited in my letter to you of the 23d ultimo, should it appear that there were good and sufficient grounds for visiting me with the severe punishment held out in Mr. Secretary Lushing- ton's letter of the 29th October, 1823, and enforced by that gentleman's letter of the llth June, 1824, I shall forego any claim, either to office or to increase of pension, to which I at present consider myself justly entitled. I have the honour to be, Sir, With the greatest respect, Your most obedient, humble servant, (Signed) W. C. SMYTH. To Joseph Planta, Esq. M. P. Secretary to the Treasury r , Sfc. 3 Sfc. My friend Mr. Planta having returned me the above, on the 2 1st I addressed the Duke of Wellington, as follows : 3, MANCHESTER BUILDINGS, July 21, 1828. MY LORD DUKE, 1 have the honor to submit to Your Grace an official letter which 1 transmitted to Mr. Secretary Planta, on the day on which it is dated ; but which that gentleman returned to me with a request " that 1 would address it to his colleague, to whose letter it was an answer, and not to him, in whose department the business on which I wrote was not included." It is proper that 1 should inform Your Grace, that Mr. Planta is one of the oldest and most valuable friends whom I possess ; that our fathers were intimate, and united by the strongest ties of mutual esteem and affection for no less a period, as I firmly believe, than half a century ; and in proof of the late Mr. Planta's regard, I have only to inform Your Grace, that in the year 1811, he resigned the office of Pay- master of Exchequer-Bills, expressly for the purpose of making a vacancy for me. The whole of my communication, both written and per- sonal, with the Lords Commissioners of His Majesty's Trea- sury, on the subject of my removal from that office, was, from September 1823 to September 1826, uniformly made through the medium of Mr Secretary Planta's immediate predecessor, Mr. Secretary Lushington ; and, had it pleased Almighty God to have spared the life of my revered Bene Ill factor, the Right Hon. George Canning, to the present hour, I do not entertain a doubt, but that my business would have been continued in the same department. I therefore trust, that, if Your Grace has sufficient confidence in the integrity and impartiality of Mr. Planta, you will have the goodness to permit that gentleman to continue to transact official business with me. I have the honor to be, &c. &c. (Signed) W. C. SMYTH. To His Grace the Duke of Wellington, Sfc., fyc. On the evening of that day, I was honored with the fol- lowing note from his Grace : LONDON, July 21st, 1828. The Duke of Wellington presents his compliments to Mr. Smyth, and has to acknowledge his letter of this day. The Duke begs to inform Mr. Smyth, that it is impossible to constitute the existing Board of Treasury as the reviewers and correctors of all the acts of their predecessors ; and that he must adhere to the decision of the Board, as communi- cated to Mr. Smyth by Mr. Dawson. The next day, I replied to his Grace, as follows : 3, MANCHESTER BUILDINGS, July 22, 1828. MY LORD DUKE, I beg leave respectfully to acknowledge the receipt of the communication with which I have been honored, in reply to the letter I yesterday took the liberty of addressing to Your Grace. In that communication, Your Grace is pleased to say, " That it is impossible to constitute the existing Board of Treasury as the reviewers and correctors of all the acts of their predecessors ; and that Your Grace must adhere to the decision of the Board, as communicated to me by Mr. Dawson." On the first portion of this paragraph, I beg leave respect- fully to remind Your Grace, that I do not ask, "that the existing Board of Treasury should be constituted as the reviewers and correctors of all the acts of their predeces- sors," but simply, " that it would review all, and correct 112 such acts of their predecessors as were manifestly unjust to- wards me." I am aware that Your Grace may answer to this, " that were I to do so, Mr Smyth, I might make a precedent which would oblige me to entertain complaints against the acts of my predecessors from, perhaps, numerous other individuals." To this I should reply, " that if Your Grace's predecessors have acted with the same degree of injustice to numerous other individuals, holding appoint- ments of such trust, respectability, and emolument, as that which I had the honor to enjoy, with unimpeached and un- impeachable character, for thirteen years ; and that the tenure of their appointments was, not during pleasure, but, as mine was, " quamdiu se bene gesserit," then 1 must admit that Your Grace undoubtedly would, and most un- questionably could not be better, and, I would fain hope, more agreeably occupied than by rendering justice to the oppressed. But, I firmly believe, that there is not the slightest likelihood of Your Grace having any such task to perform. I am convinced, that mine is an insulated case. On the second and last portion of the same paragraph, I beg leave respectfully to state, that I shall be perfectly sa- tisfied, if Your Grace " will adhere to the spirit of the de- cision of the Board, as communicated to me by Mr. Daw- son." Mr. Dawson's words are " Your case has been already fully considered, and decided on; and their Lordships see no suffi- cient grounds for directing a reinvestigation thereof." Now, my Lord Duke, 1 humbly and respectfully submit, that this sentence bears but one interpretation ; which J think it cannot be denied is, "that had your case not been already fully considered their Lordships would have seen sufficient grounds for directing a reinvestigation thereof." By this interpretation I am willing to abide. If Your Grace can discover, " that my case has been already fully considered," 1 will not ask "a reinvestigation thereof;" but if, on the other hand, Your Grace is satisfied that my statement is correct, viz, " that I never have, as yet, had an opportunity of being heard," then I trust Your Grace will accede to the request contained in my letter of the 23rd ultimo, to Mr. Secretary Planta. I have the honor to be, With the greatest respect, &c. (Signed) W. C. SMYTH. To His Grace the Duke of Wellington, First Lord of the Treasury, 113 The Duke of Wellington not having condescended to take any notice of the foregoing, on the 4th of August, I addressed his Grace again, as follows : 3, MANCHESTER BUILDINGS, August 4th 1828. MY LORD DUKE, I have the honor to transmit to Your Grace a copy of a pamphlet I have lately been compelled to publish, in vindication of my moral character and conduct ; and request that Your Grace will be pleased to give it an early and attentive perusal ; first, because I am anxious that Your Grace should be apprised of the legal persecutions to which I have been subjected during the last four yours ; and secondly, because I think it right that Your Grace, as Prime Minister of this country, should be made acquainted with " the numerous blots that exist in the Ecclesiastical Courts, with which England unfortunately abounds." I have the honor to be, With the greatest respect, Your Grace's most obedient humble servant. (Signed) W. C. SMYTH. To His Grace the Duke of Wellington. On the evening of the same day, I was honored with the following communication from his Grace. LONDON, August 4th 1828. The Duke of Wellington presents his compliments to Mr. Smyth, and has received his letter of this day, and the pamphlet. To W. C. Smyth, Esq. As my last note to the Duke most assuredly did not re- quire any answer, I confess I was not a little astonished at receiving the foregoing. I consequently began, once more, to entertain sanguine hopes that his Grace had relented of his letter of the 21st July, and had transmitted to me his note of the of 4th August, merely for the purpose of giving me an opening to address his Grace again, which I there- fore did, as follows : 3, MANCHESTER BUILDINGS, August 8th 1828. MY LORD DUKE, Feeling convinced, from the very polite and condescending language in which the communication Your Grace was pleased to honor me with, on the 21st ultimo, is worded, that Your Grace does consider me as an 15 114 injured man, and that you are disposed to render me justice, I beg leave once more numbly and respectfully, but earnestly to entreat that Your Grace will condescend forthwith to order the investigation I solicited in my letter of the 23rd of June, to Mr. Secretary Planta ; and to assure Your Grace that, should you be pleased so to do, no one will have any cause to repent or regret your determination, excepting Messrs Jadis and Nevinson, the individuals by whose false representations and base machinations, the Earl of Li- verpool was imposed upon, deceived, and misled. I have the honor to be, With the greatest respect, Your Grace's most obedient humble servant, (Signed) W. C. SMYTH. To His Grace the Duke of Wellington. But, alas ! I was again buoyed up only to be once more subjected to further disappointment, as appears from the following reply of his Grace. LONDON, August 8th, 1828. The Duke of Wellington presents his compliments to Mr. Smyth, and has received his letter of this day. The Duke, in reply, can only repeat, that he must adhere to the decision of the Board of Treasury, as communicated to Mr. Smyth, by Mr. Dawson, for the reasons stated in his letter of the 21st of July. To W. C. Smyth, Esq. Resolved, however, to give the Duke of Wellington every possible opportunity of rendering me JUSTICE, before 1 appealed to the strong arm of the LAW, I addressed his Grace again, as follows : 3, MANCHESTER BUILDINGS, August 9th 1828. MY LORD DUKE, I beg leave to acknowledge the receipt of the note with which I have been honored, in reply to the letter I yesterday took the liberty of addressing to Your Grace. As I now, with regret, perceive that Your Grace will not, under any circumstances, order the investigation I have solicited, I beg leave respectfully to ask, whether Your Grace will be pleased to grant me any increase to my pension, either by a vote from Parliament, or out of the Civil list ? The pension of l66 per annum, wlrch I understand has 115 been voted to me, is barely sufficient to pay for the medi- cines and medical attendance I now constantly require, and (owing to the ill-usage 1 have experienced) shah 1 continue to require as long as I live. I have the honor to be, With the greatest respect, Your Grace's most obedient humble servant, (Signed) W. C. SMYTH. To His Grace the Duke of Wellington. On the evening of the same day, 1 had the honor to re- ceive the following arid and laconic reply : LONDON, August 9th, 1828. The Duke of Wellington presents his compliments to Mr. Smyth, and has the honor to inform him, in reply to his letter of this day's date, that he has no intention of recom- mending any increase to Mr. Smyth's pension. To W. C. Smyth, Esq. Not, however, being disheartened by these repeated re pulses, I was determined to proceed " once more unto the breach," and therefore addressed his Grace again, as follows : 3, MANCHESTER BUILDINGS, August nth, 1828. MY LORD DUKE, I now beg leave respectfully to inform Your Grace, that at a second interview with which I was honored by Mr. then Secretary Lushington, towards the end of June, 1825, (being at the expiration of one year, after my removal from the office of Paymaster of Exchequer-Bills,) that gentleman distinctly assured me, " That although Lord Liverpool would not grant the investigation I had solicited in my official letters of the llth and 18th of December, 1824, and that of the 29th January, J825, yet, I might take his word for it that his Lordship entertained the most favour- able intentions towards me, and would shortly confer upon me another appointment, equal in respectability and emolu- ment to that from which I had been removed." From that day to the present hour, I have never heard any thing further, on the subject of the promised appoint- ment ; I therefore now request permission respectfully to ask Your Grace, if you will have the goodness to carry into effect Lord Liverpool's favorable intentions towards me ? In the hope that Your Grace will feel so disposed, I beg leave to intimate, that the appointments of Receiver General 116 to a County, and Distributor of Stamps are, as I believe, equal in respectability and emolument to that of Paymaster of Exchequer-Bills j and humbly to request, that Your Grace will be pleased to confer upon me one of those appointments, when such may become vacant, either by death, resignation, or promotion. I have the honor to be, With the greatest respect, Your Grace's most obedient humble servant, (Signed) W. C. SMYTH. To His Grace the Duke of Wellington. To this last application, I never have been honored with any reply whatever ! Here ended the fifth and last ACT in this tragi -comedy of errors; and of arbitrary, unjust, inhuman, and illegal conduct towards me ; aye, and from a man too, who, as his adherents assert, is up-right, down -right ; and straight- forward ! ! ! Having concluded the narrative of the fifth and last ACT in this tragi-comedy of errors ; and of arbitrary, unjust, inhuman and illegal conduct towards me, by my successive official superiors, 1 shall now take the liberty of making some observations thereon. In the first place, the reader will no doubt remember that in page 58 of this pamphlet, I stated, that Mr. Jadis was on terms of intimacy with Lord Lowther, at the time of my removal from office, one of the Lords Commissioners of his Majesty's Treasury ; and I hinted, in tolerably plain language, that, I strongly sus- pected, that peculiar circumstance was one of the principal causes of my being thus inhumanly and illegally deprived of my bread, of my health, and of my character. Every person, who has any knowledge of political cha- racters, knows that the Duke of Wellington is also ori terms of intimacy with Lord Lowther, and as (according to Euclid) " things that are equal to the same are equal to one another," it necessarily follows that Mr. Jadis and the Duke of Wel- lington (1 beg pardon for putting the * before the *) the Duke of Wellington and Mr. Jadis are also on terms of intimacy with one another ; ergo I am still unable to obtain from his Grace any redress against that base individual ; quod erat dent nmtrandum . U7 Secondly, his Grace of Wellington stated publicly in the House of Lords that, " he wished it to be distinctly under- stood, that he was not either a political or a private enemy of Mr. Canning's." What a fine opportunity his Grace has lost, by refusing to render JUSTICE to me, (the well-known protege" of this his political and private friend}) of proving to me and to the numerous and incorrigible sceptics upon this subject, the truth of that assertion. But to do a noble and a generous act requires a CANNING'S head, and a CAN- NING'S heart ! Thirdly, his Grace of Wellington, having, on the trial of Colonel Bradley for a libel, stated (on the oath of a Duke) that, " he refused to answer Col. Bradley's letters, because Col. Bradley published those of his Grace ;" i beg leave to assure his Grace, (on the word of a Gentleman,) that, " I have published his letters, because his Grace refused to answer mine." ! ! And lastly, the reader will perceive, that although the Duke of Wellington has, in the before-given correspon- dence, " cut the Gordean knot," (as he is wont to do, in most matters) at all events, " I have had the last word ! ! !* Every effort of mine to obtain JUSTICE, by fair and amicable means, having thus failed, I resolved at last to have re- course to other measures, which, although they may not please " the powers that be," or the powers that have been, I feel confident that I shall, in the opinion of every honorable, just and liberal-minded man, stand fully justified in adopting. The first step that occurred to me was to avail myself of the LIBERTY OP THE PRESS ', a liberty which, thank God, Britons do enjoy in the strict and proper sense of that term. With this view, I immediately began compiling the present pamphlet, in the determination of submitting it to the pub lie, not only as a vindication of my own character, which has been so long and so shamefully traduced with impunity, but also, in the confident hope of subjecting those individuals, by whom I have been so iniquitously treated, to the shame, disgrace, obloquy, contempt and indignation, which base and treacherous conspiracies, on the part of colleagues ; and arbitrary, unjust, tyrannical and oppressive conduct, on the part of men in power, towards an innocent, but helpless * An answer given by Mr. Canning to an inquiry made by the Member for Montrose, respecting the result of some political uegociation in which Mr. Canning had been engaged as Secretary of State for Foreign Affairs. U8 individual, never yet failed to elicit from the generous, manly and noble spirit of a British public. My next determination was to seek redress in a Court of Justice, first from my official superiors; and afterwards from my official equals. Offices are termed in Law " incorporeal hereditaments" and " a man may have an estate in them, either to him and his heirs, or for life, or for a term of years, or during plea- sure only."* Most, if not all, offices which emanate directly from the crown are held " during pleasure" (durante bene placito) while, on the other hand, the greater number of public offices are held " for life," i.e. Quamdiu se bene gesserit. Of the former description are all the appointments in his Majesty's Household,f of Ministers, Ambassadors, Consuls, the members of the different Boards of Revenue, and the Commissions of Officers in the Army and NavyJ. The * Blackstone, book II, chap. 3, page 26. f So strongly impressed were the House of Lords in 1?02 with the justness of the invariable maxim of our law, " that no man shall be punished before he has had an opportunity of being heard," that that august assembly went even the length of presenting an address to Queen Anne, ' beseeching her Majesty would not remove the Bishop of Worcester from the place of Lord Almoner, (which place his Lordship unques- tionably held during pleasure} until he should be found guilty of some crime by due course of law ; as it was the undoubted right of every Lord of Parliament, and of every subject of England TO HAVE AN OPPORTUNITY TO MAKE HIS DEFENCE BEFORE HE SUFFERS ANY SORT OF PUNISHMENT." Smollet's conti- nuation of Hume, Book 1. Chap. V. I am not quite certain that I am correct in stating that the Officers of the Navy hold their Commissions " during pleasure." At all events it appears from the following fact, which 1 have ex- tracted from the Naval and Military Magazine, vol. v. page 22, that they can obtain some redress when dismissed from the ser- vice in a summary and arbitrary manner. Captain (now Admiral Sir) Isaac Coffin. 1788. This court-martial was held at Halifax, OH board his Majesty's ship Dido. The charge against Captain Coffin was preferred by some of the officers for bearing false musters, in keeping on his books two sons of Lord Dorchester and his own nephew, who, it appeared were not on board, conformable to the rules of the service. The charge was proved ; but it appearing 119 Constitutions or Commissions of all these different Officers are either signed by the King ; or it is expressly stated, in the body of their Commissions, that they hold the same " during his Majesty's pleasure." Of the latter description are all appointments which are made by virtue of an act of parliament; such as the Commis- to the court that it was grounded chiefly on private pique and resentment against Captain Coffin, without any intention of de- frauding- his Majesty, it sentenced him only to be dismissed from the command of the Thisbe. Upon the arrival of Captain Coffin in England, and the sentence of the court-martial being made known to the Board of Admiralty, it was highly disapproved of by Earl Howe, the then first lord, from its not being agreea- ble to the spirit of the 31st Article of War, which says " Every officer, or other person in the fleet, who shall knowingly make, or sign a false muster, or muster-book, &c., upon proof of any such offence being made before a court-martial, shall be cashiered and rendered incapable of further employment in his Majesty's naval service." The Board of Admiralty accordingly took upon them to give an order for striking Captain Coffin's name off the list of Post Captains. This proceeding was considered so arbitrary, that Captain Coffin had his case laid before his Majesty, who was pleased, with the consent of his privy council, to direct the twelve judges to give their opinion Whether the Admiralty have a power qf setting aside the judgment of a court-martial* The following was the opinion of the judges: TO THE KING'S MOST EXCELLENT MAJESTY. May it please Your Majesty, " In obedience to the order of your Majesty in council, we have taken into our consideration the charge exhibited against Isaac Coffin, Esq., the sentence of the court-martial, and also the resolution of the Board of Admi- ralty thereupon. " And we are of opinion that the said sentence is not legal ; and that the punishment directed to be inflicted by an act of the 22d of the reign of his late Majesty King George the Second, cap. 33, upon persons convicted of the offence specified In the 31st Article of War, established by the said act, cannot be inflicted, or judgment thereupon be pronounced, or supplied by any other authority than that of the court-martial which tried the offender. (Signed) " KENYOW, " LOUGHHOROUOH, " EYRE, " DULLER, " GOULD, " ABHURST, " HOTHAM, " WILSON, " GROSSE, " THOMPSON," Captain Coffin was accordingly re-instated in his rank as Post Captain in the Navy. 120 sioners for Auditing Public Accounts, the Commissioners of Hackney Coaches, the Commissioners of Lotteries, and lastly the Paymasters of Exchequer-Bills, together with their several Clerks, and subordinate Officers, as also many others too numerous here to particularize. On the 21st of June 1811, I was appointed one of the Paymasters of Exchequer Bills, by a constitution or writing under the several hands and seals of the late Right Hon. Spencer Perceval, the Hon, Berkeley Paget, and the late Snowden Barne, Esq. three of the then Lords Commissioners of his Majesty's Treasury, by virtue of the power vested in their Lordships, by the tenth section, of the first chap- ter, of the 48th of George 3rd. Blackstone, in book 3rd, chap. 4th, says : " The Ju- risdiction of this Court (King's Bench) is very high and transcendent." " It commands Magistrates and others to do what their duty requires, in every case where there is no other specific remedy." It therefore appeared to me that I had only to move the Court of King's Bench for a Mandamus directing the Lords Commissioners of His Ma- jesty's Treasury " to hear and determine the cause of my removal from the office of Paymaster of Exchequer -Bills" and it would be granted immediately as a matter of course. In the beginning of Michaelmas Term, I accordingly directed an attorney to give instructions to Counsel to make the motion forthwith. This, however, owing to the negligence of the attorney, was not done until about the last minute, of the last hour, of the last day, of that term, when the counsel, without reading my affidavit, without making any address to the Court on the law, as relating to the subject of Mandamus, or without endeavouring to make any, the slightest impression upon the mind of the court, as to the importance of the application, simply made the motion in words in which I myself or any other man, having the power of articulation, could have done just as well. The motion was no sooner made than the court said, that " It had no power in such a case;" upon which my counsel (mindful of the interest of his client) immediately sat himself down, without uttering another syllable. Thus was this question a question of the most vital importance, not only to me but also to every gentleman holding a public appointment under the government of this country, disposed of in this summary and unsatisfac- tory manner.* * The name of the Attorney, whom I unfortunately employed on this occa- 121 The disappointment, chagrin, and mortification with which this unexpected rebuff overwhelmed me brought on another severe attack of illness, in which I was again at- tended by my liberal, humane, and skilful friend, Dr. An- thony Todd Thomson. As soon as 1 had in a slight degree recovered from this indisposition, I was under the necessity of prosecuting (in person) a suit which I had commenced, in the Consistory Court of London, against my former proc- tor, Mr. Arthur Loveday, for the purpose of having him compelled to refund to me the whole amount of his several bills of costs, and to be struck off the rolls of that court, as a condign punishment for the dereliction of his public duties as my law agent. After I had been most unexpectedly foiled in this endeavour at making a proper example of this legal delin- quent, my time was fully occupied in attending the taxation of his enormous and exorbitant bills of costs, for the mis- management of the defence of the suit which had been upwards of four years pending against me, in the Consistory Court of London, and in the Arches Court of Canterbury, nearly three years of which time, I was harassed and per- plexed with that iniquitous suit, owing to the misconduct of Mr. Loveday*. As soon as I had got through the embarrassment in which I was necessarily involved by these law proceedings, I began again to turn my attention to the subject of my re- moval from office, and on the sixteenth of April commenced another correspondence with the Duke of Wellington, which although, like the preceding one, unsuccessful, at least ter- minated in my again having the last word ! I then resolved to petition the House of Commons j but several unavoidable circumstances intervened to prevent my doing so before the 5th of June, on which day John Berkeley Monck, Esq. one of the independent members for the bo- sio, is Rob Maugham, of No 19, Chancery Lane; the name of his " Friend and Riicher" the counsel whom he engaged and feed enormously to make the motion, is Alfred Dowling, of the same Lane. Rob Maugham's bill, for mak- ing this summary application to the court, amounted only to TWENTY TWO POUNDS, NINETEEN SHILLINGS, AND TEN PENCE!!! * I have already published " a Statement of my case," as connected with that suit, in which Mr. Loveday's conduct is exhibited iu its proper colours. This pamphlet will be found to contain much useful information for members of parliament, and also for all individuals who may happen to be persecuted in any of the ecclesiastical courts," with which (to use the words of Joseph Philliinore, L.C.D. M.P.) England unfortunately abounds !!!" It is sold by J. M. Richardson, 23, Cornhill. J. Limbird, 143, Strand. J. Biggs, 54, Parliament Street, and all other booksellers in town and country. 16 122 rough of Reading, did me the honor of presenting a pe- tition to that august assembly, as appears by the following extracts from the Morning Herald and Chronicle of the sue- ceeding day. HOUSE OF COMMONS, JUNE 5. HOUSE OF COMMONS FRIDAY. Mr. MONCK presented a Petition from a person of the name of Wililam Carmichael Smyth, complaining that he had been removed from his situa- tion as one of the Paymasters of Ex- chequer Bills, by the late Lord Li- verpool, without cause or inquiry. Mr. DAWSON explained, that the late Lord Liverpool had not removed the Petitioner without due cause and full inquiry. He was so negligent of his duties, that he remained away from his office six weeks at a time ; and when called upon to state why he had absented himself, he gave a false reason. Nevertheless, Lord Liverpool had been willing to provide for him in some subordinate situation; but Mr. Smyth had refused to accept it, as well as of any allowance in the way of pension, to which he might be entitled according to the length of his service. Mr. Smyth had been guilty of other misconduct, and since his removal had been engaged in a constant system of attack upon the Government. The Right Honoura- ble Gentleman promised to produce, to the Honourable Member who pre- sented the Petition^ the most satis- factory proofs of Mr. Smyth's unfit- ness for office, if he would call at the Treasury. Mr MONCK admitted that he knew nothing of the facts, but from the re- presentations of the Petitioner, and undertook to call at the Treasury. Mr. MONCK presented a petition from Mr. W. C. Smyth, late a Pay- master in the Exchequer, stating that, during the administration of the late Lord Liverpool, in the year 1824 he was dismissed from his appointment without any reason being assigned for his removal; that he had since re- quested an inquiry to be instituted into his conduct without effect, and praying that a Select Committee might be appointed to investigate the circumstances of his case. Mr. G. DAWSON was aware the petition was to be presented, and had inquired iato the particulars of Mr. Smyth's case. He had ascer- tained that the conduct of that gentle- man was so obnoxious to his col- leagues, and his behaviour in the office so extremely irregular and im- proper, as frequently to occasion a suspension of the public business ; and he was consequently dismissed after a full investigation, which was di- rected to be made by the late Lord Liverpool. It was, however, hoped that Mr. Smyth would be taught the value of subordination by removing him to an inferior office ; but he re- fused the offer made to him, and has since indulged himself by abusing, in every place, every Member of his Ma- jesty's Government, and otherwise conducting himself with the most violent and outrageous indecency. He assured the House the petition was not deserving its consideration. The petition was ordered to be laid on the table; but, on the suggestion of Mr. DAWSON, the Hon. Member who presented it consented not to move for its being printed. Notwithstanding the cjurteous treatment I had received from my bosom friend, Mr. Secretary Dawson,* I was not in the least disheartened ; and therefore requested my Lord * Would to God that the noble-minded CANNING had been in the house to have replied to the gentleman by one of his emphatic monosyllables. 123 . Tenterden to present a similar petition to the House of Lords. This his Lordship, in the mott polite and con- descending manner, undertook to do, and accordingly, on the 12th of the same month fulfilled his promise j as ap- pears by the following extracts from the Morning Herald and Post of the 13th of June. LORD TENTERDEN presented a LORD TENTERDEN presented a petition from Mr. W. C. Smyth, com- petition from W. Carmichael Smyth, plaining 1 that lie had been unjustly de- who was a paymaster of the Exche- jn-ivcil of an office he held under the quer Bill Office, praying an inquiry Treasury, and praying for an enquiry into the circumstances attending the into his case. loss of his situation. The DUKE of WELLINGTON The petition having been read at was understood to say, that the com- length, plaints of the- petitioner were wholly The DUKE of WELLINGTON unfounded. He would not i.ow enter was understood to say, that the peti- into the details of the case, but con- tioner had misconducted himself, and tent himself with stating, that thepe- had stated in his petition many things tition was unworthy of attention. He which were untrue; nevertheless he should not, however, object to its should not oppose the petition being being laid on the table. received. The petition was then laid on the table. I shall not insult the understanding of my readers by commenting either upon the speech made by Mr. Dawson in the House of Commons, or upon that of the Duke of Wellington, in the House of Lords*, but simply refer them to pages 8 and 9, 20 and 21 of this pamphlet, and ask them, in the words used by the immortal Canning, on the trial of the late Lord Melville, " whether it is fair to call on the. House to convict the party without a hearing, which has not yet been had j" " and therefore, it is from the nature of things, absolutely impossible that he can have had a fair trial, since indeed hitherto he has had no trial,"f * Of these speeches of the minister and his tool, I think it may with truth be said, that " they contain strong assertions without proof, declama- tion without argument, and violent censures without dignity or modera- tion." JUNIUS. But, 1 will tell Mr. Secretary Dawson, that my Constitution is my bond ; and, " Till thou canst rail the seal from off my bond, Thou but oftend'st thy lungs to speak so loud." For, " I'll have my bond ; speak not against my bond : I've sworn an oath, that I will have my bond : Thon call's! me dog, before thou had'st a cause; But since I aw a dog, beware my fangs." MERCHANT OF VENICE. f See Memoirs of the Right Hon. George Canning, by Leman, J. Rede, Esq. published by G. Virtue, Ivy Lane, Paternoster Row. 16* 124 Tlie prorogation of parliament, which shortly followed, left me no opportunity of having the subject of my pelitk*) brought again to the notice of either of the houses, during that session. As, however, my application to the Court of King's Bench had been made on so improper a day, at so improper an hour, and in so inefficient a manner, I resolved once more to apply for redress to that tribunal, and therefore requested another counsel to make the motion for a mandamus afresh, which he accordingly did on the 20th of June, as appears by the following extract from the Morning Journal of he 22nd. EXPARTE WILLIAM CARMICHAEL SMYTH. " Mr. Denman moved the court for a rule, calling upon the lords com- missioners of the treasury to show cause why a mandamus should not issue, commanding them to hear and determine the application of William C. Smyth to be re-admitted to the office of one of the paymasters of exchequer hills, from which he had been dismissed by them. An application of a similar nature was made to the court on a former occasion ; but the court seemed to doubt whether it was a public office, and that, therefore, they could not in- terfere. He had now before him the act of parliament of the 48th Geo. Ill, under which the office was appointed. A clause of that act enacted that the commissioners of the treasury should, and might, from time to time, by writing under their hands, appoint certain persons to be paymasters ot ex- chequer bills. This act, therefore, made the office a public office. " The Court inquired whether the act contained anything relating to the duration of the leimre ? " Mr. Denman said, that the tenure was not expressly mentioned, and that, therefore, the office must be counted to be held during good behaviour, The affidavit of the applicant stated, that on the 21st of June, 1811, he was, by a writing or constitution, under the hands of the then commissioners of the treasury, appointed, with two other persons, to be paymaster of exchequer bills, at a salary of 400 per aunum. The period during which the office was to be held was not mentioned. " Mr. Justice Bayley said that then it was to be held during pleasure. " Mr.. Denman sa'id that that was a principle which might be carried very far. " Lord Teuterden observed, that the office did not concern the adminis- tration of justice. " Mr. Justice Bayley said that the amount of payments might vary, and that the public service might sometimes require such an officer, and some- times not. " Mr Justice Littledale said that he looked upon the office to be like that of commissioners of excise, who held their offices during pleasure. " Mr. Denman urged that in " Corny n's Digest" it would be seen that a mandamus had been granted in the cases of much less important offices than this " Mr. Justice Bayley said that a man must have a freehold in an office in order to be able to ask for a mandamus. Here the office was new, and the act of parliament stated no time during which it was to be held. There was an instance of a mandamus to restore a man to the office of yeoman of wood walks; but there was an affidavit that it was an ancient office, and was a freehold. " Mr. Denman again urged that this was a public office. " Lord Tenterden said that so were those of all the clerks in ajl the public offices. " Mr. Jusl ice Littledale said that all offices relating to the management of the revenue were held during the pleasure of the crown. Rule refused. 125 On the subject of this and my former application to the Court of King's Bench, 1 shall take the liberty of making the following observations : first, I apprehend that a writ of marukimus lies against the commissioners of the Treasury, as against any other public body " to command them to do what their duty requires in every case where there its no other specific remedy."* This being admitted, (and I think the judges of the Court of King's Bench have tacitly ad- mitted this, by permitting the merits of the case to be gone into, on the second application to the Court), this therefore, 1 aay, being admitted, the next question is, whether mine was a proper case, in which the Court ought to have exer- cised that authority which it undoubtedly possesses. 1 trust, before I leave the subject, to be able to convince every one of my readers nay, even the learned judges themselves, that it was. To this end, the only question to be considered is the nature of the tenure of my appointment as Paymaster of Exchequer Bills ; that is, whether my said appointment was held " during pleasure," or " during good behaviour." Upon this pivot, and upon this pivot alone, does the propriety of the interference of the Court of King's Bench by Man- damns turn. Now 1 maintain that I held my appointment " during good behaviour." First. Because, when an office is once established by an act of parliament it cannot be abolished, but by an act of parliament. Nor does parliament ever abolish an office so established, without making an adequate compensation to every individual therein j the compensation uniformly being two thirds of their salary and allowances. This proves, in my humble opinion, beyond the shadow of a doubt, that the Legislature considers that every individual appointed to an office, established by the authority of parliament, has a vested interest therein j and " vested rig/its must be respected "\ * Were this not the case, I beg leave respectfully to ask the judgres of the Court of King's Bench, what remedy a servant of the public, claiming a superannuation allowance, under the provisions of the IV sect, of 113 tap. of the 3rd of Geo. IV, would have, if refused such allowance ? Surely their lordships will not maintain, that these allowances are to be granted or with- held " at the pleasure" of the commissioners of the Treasury ? Should 1 think proper to relinquish the point of my restitution to office, 1 insist that I still have a right to a mandamus to compel the commissioners of the Treasury 44 to hear and determine why my case should not be considered as a special one j and waiving this, I have a right for a mandumus to compel the commissioners of the Treasury to grant me the full amount of superannuation allowance, which they are authorised to do by the said act of parliament. f- About two or three years ago, upon an occasion when the member for Moutrose made some observation, in the House of Commons, on the subject of 126 2ndly. Because, the act of parliament, by the authority of which I was appointed, to the said office, commences in the following words: " Whereas it is expedient that perma- " nent regulations should be established in relation to the *' making out, issuing and paying off all Exchequer Bills, " which may hereafter be issued for the raising of any money " under the authority of Parliament." Now I apprehend that it would be rather difficult to make any permanent regu- lations for paying (^Exchequer Bills, unless the office of Paymaster were permanent. 3rdly. Because, the said act of parliament does not express that the Paymasters are to hold their appointments " during pleasure j" and it is a maxim of law, " that all acts of parliament, (excepting those which relate to criminal matters), are to be construed liberally."* 4thly. Because, the XI section of that act express- ly states : *' That the said Paymaster or Paymasters shall be subject and liable to such inspection, examination, con* troul, and audit, and to such rules in respect to paying, accounting, and other matters relating to the execution of the said office or trust of Paymaster, as the commissioners of the Treasury shall think lit or reasonable to establish or appoint from time to time, for the better execution of the intent and end of this act and the satisfaction of the proprie- tors of Exchequer Bills." Now as, (according to my appre- hension), it would be utterly impossible for any sophistry to pervert the authority given by the legislature, in this clause, " to control a Paymaster in matters relating to the execution of his office" into a power to prevent him " at pleasure" from committing any execution therein; I think it cannot be denied, that it militates completely in my favour; because had the legislature intended that the Paymasters were to hold their appointments " during the pleasure" of the commissioners of the Treasury, tliis clause would have been wholly unnecessary, not to say, a work of complete supererogation, f the pensions granted to soldiers, the Right Honorable William Huskisson is re- ported to have made the following reply : " The soldier is entitled to his pension by the authority of an act of parliament, and vested rights must be respected" * This well-known and universally-acknowledged doctrine my Lord Tenterden himself laid down, and acted upon in the case of Hex, v Hodgkinson, as reported in the Chronicle of November 19th 1829. f 1 will go further, and maintain that the Paymasters uot only hold their appointments " during good behaviour," but that, if this clause were not inserted in the act, they would be altogether independent of the controul of the commissioners of the Treasury, as are the commissioners for auditing public accounts, the commissioners of excise appeal, and many other servants of l\ie public. 127 5thly. Because, when the legislature intends that any ap- pointment, the creation of which it may authorise, should be held " during pleasure," it invariably provides for such an un- usual tenure; as it did, in the XIX section of the 1 13 cap. of the III of George the 4th : in the following words : " Provided always, that it shall be lawful for the head officers or head officer for the time being of any office or department wherein any such appointment shall have been made, from time to time, as often as they or he shall think fit or circumstances may require, by any deed or instrument to be executed and attested as herein-before is directed, to revoke any such nomination or appointment as aforesaid, which shall have been made either by themselves or himself, or by any of their or his predecessors or predecessor in the office, and by the same deed or instrument to make any new appointment for the purposes and in the manner herein-before directed; and every such new appointment shall, from the time to be spe- cified therein, supersede the appointment then in force, and shall from time to time, as the case may require, be pro- duced at and deposited in the respective office of the com- missioners for the reduction of the national debt in England, or of the Vice-Treasurer in Ireland, in the manner herein- before directed." 6thly. Because, my Constitution does not express that I am to hold the same " during pleasure ;" and it is a maxim of law, "that all deeds, grants and other legal instru- ments are to be interpreted favourably to the holder" 7thly. Because, 1 am informed and confidently believe that in the appointments of all those officers, who unques- tionably hold their situations " during pleasure," such as the members of His Majesty's Household, Ambassadors, Consuls &c. it is expressly stated in the body of those appoint- ments, that such is the nature of their tenure. 8thly. Because, if I held my appointment " during pleasure" it must have been " during the pleasure" of that identical board by which I was nominated; hence, upon the death of Mr Perceval and upon every successive change in the board of Treasury, my appointment must have laid in abeyance, until the pleasure of his or their successors were signified ; and, if they had thought proper to continue me in my appointment, they must have given me a fresh constitution, or in some other manner have intimated to me their pleasure with respect to my continuance therein; whereas, although there have been repeated new boards of Treasury, during the thirteen years I acted as Paymaster of Exchequer Bills, 128 my appointment \vas never questioned or renewed in any manner whatever, nor was that of either of my colleagues. 9thly. Because, although our laws acknowledge the will, the pleasure, and the prerogative of the Sovereign, these words, as attributes of a minister, are decidedly repugnant, both to the spirit and to the letter of the laws of England. lOthly. Because, on reference to the letter with which the late Right Honorable George Canning honored me, as given in page 32 of this pamphlet, it will be observed that that enlightened and noble-minded statesman gave it une- quivocally as his opinion, " That in removing me from the office of Paymaster of Exchequer Bills, Lord Liverpool had exercised his responsible judgment,"* 1 1 thly . Because, it will be observed, on reference to the letter dimissory from Mr Secretary Lushington (as given-in page 28 of this pamphlet) that the commissioners of the Treasury do not therein even assume or arrogate to them- selves the power of removing me from my office " at plea- sure;" for Mr Lushington expressly states 'thaty " it is upon a full consideration of all the letters and papers relating to my conduct that their Lordships felt it to be their duty to remove me from the office of Paymaster of Exchequer Bills :" whereas, had their Lordships considered that they had the power of removing me " at pleasure," they would not have adverted either to my conduct or to their own duty, but have used royal language thus, " The Lords Commissioners of His Ma- jesty's Treasury have no further occasion for your services." Lastly. Because, (that which the reader will scarcely credit) their Lordships have not as yet had the courage, or rather the temerity, to put their pretended power legally into execution. They have not revoked or determined my appoint- ment as Paymaster of Exchequer Bills ; but in the Coustitu^ tion of Mr Latham (which is dated on the 5th of July 1824) the late Earl of Liverpool, Lord Viscount Goderich and Lord Lowther have actually put their name to a gross, wilful and palpable falsehood. Their lordships have had the effrontery therein to state that"/ had resigned" my said office!!! Well may 1 say, in the language of Junius that " their pro- ceedings upon this occasion are a strong proof that a deci- sion, in the first instance illegal and unjust, can only be supported by a continuation of falsehood and injustice," * Had I been remoTed by the King-, I do not think Mr Canning would hare written me word that in removing you from your office, His Majesty has exercised his responsible judgment !" 129 Now, with all due deference to the superior judgment of the three* learned Personages, who have twice refused to grant me the before-mentioned writ of mandamus, I humbly conceive that twelve more cogent and undeniable reasons, in support of any one fact, were never adduced, than those which I have just assigned, as proof that the office of Pay- master of Exchequer Bills is held " during good beha- viour ;" and if so, my readers will, I think, one and all agree with me, tf that mine was a proper case in which the Court of King's Bench ought to have exercised that au- thority which it undoubtedly possesses." After this second unsuccessful attempt to obtain the interference of the Court of King's Bench, to compel the Duke of Wellington to render me JUSTICE, I resolved to memorialize His Majesty ; and therefore, late on Saturday evening, the llth of July, I transmitted my memorial (a copy of which is given in the Appendix), to the Right Honorable Robert Peel, Secretary of State for the Home Department, with a request that, if he saw nothing im- proper or unreasonable therein contained, he would have the goodness to lay it before the King ; and to recommend it to His Majesty's most favourable consideration. On Wednesday evening the 15th, 1 had the honour to receive the following communication from the Home Department: WHITEHALL, July \bth t 1829. SIR, I am directed by Mr. Secretary Peel, to acquaint you, that your memorial, praying " that the twelve judges may be directed to give their opinion, whether the Lords Com- missioners of His Majesty's Treasury have the power of removing a Paymaster of Exchequer Bills from his office," &c., &c. has been laid before the King, and that His Ma- jesty has not been pleased to signify any commands there- upon. 1 am, Sir, Your obedient Servant, (Signed) WILLIAM PEBL. To W. C. Smyth, Esq. From a paragraph in the Times newspaper of the day following, it appears that Mr. Secretary Peel left London on * Mr. Justice James Parke was not present, when my first application was made to the Court ; and, if present on the second occasion, it does no appear, by any one report which I have read in the public journals, tli, his Lordship made a single observation on the sobjcct. 130 Monday morning for Brandon, in Norfolk ; my memorial, therefore, could not have been laid before His Majesty by that minister, nor is it at all probable that he read or even saw it before he left town ; and, I must needs say/that it appears to me very questionable whether the King of Great Britain knows any more of my memorial than does the Emperor of China. By the Bill of Rights, Stat. 1, William and Mary, st. 1. c2. s. 1. and by the Act of Settlement, (stat. 12 and 13 William, 3. c 2.) it is declared that, " It is the right of the subjects to petition the King." Now, where there is a right, I apprehend there must be a mode of enjoying that right ; but, to assert that I have enjoyed the right of pe- titioning the King would be an insult to the understand- ding, and a mockery of the laws. I therefore maintain, that one of the first and most essential principles of the British Constitution has been grossly violated, by my memorial not having been bond fide brought to the notice of His Majesty. But the fact is, that the name of the noble-minded CANNING appears too conspicuous, and in too favourable a light therein, to make it palatable for Mr. Peel, or his colleague the Duke of Wellington ; and the reasonableness of the prayer of my memorial is too self-evident; and the innate sense of JUSTICE which pervades the Royal Heart is too well-known for that document ever to reach the eyes of His Majesty.* Having thus failed in every attempt at obtaining JUSTICE from my official superiors, and having been thus unjustly deprived of my constitutional right of laying my grievances at the foot of the throne, I resolved to try my fortune in a court of law, against one of my official equals the instigator of all my wrongs ; and therefore directed my solicitor to commence an action against Mr. Jadis, for the libellous letter addressed to me by that in- dividual, on the 30th of September, 1823; and also to re- cover the value of that appointment of which i had been deprived by his false and base representations to my official superiors. * If a Briton must submit to be deprived of his constitutional rights, in the arbitrary and unjust manner in which I hare been thus deprived of my right of petitioning the King, then I say, let that Bill of Rights which was framed in the seventeenth century be reformed (to meet the march of in- tellect) in the nineteenth century ; and for the words " It is the right of the subjects to petition the King," let there be substituted, " It is the right of the subjects to transmit their petitions to the King, to the Secretary of State for the Home Department, who may exercise his irresponsible judgment whether the same shall, or shall not be laid before His Majesty !" 131 As, however, in order to enable my special pleader to lay my damages for consequential injury, it was absolutely necessary that I should furnish that gentleman with authen- tic copies of the various libellous documents, which had been submitted to my official superiors by that individual and his worthy colleague Mr. Nevinson, (" upon a full con- sideration of which," their Lordships had acknowledged they considered it to be their duty to remove me from my office," on the 10th of August, I addressed a letter to Mr. Secretary Dawson as follows : 6, ADAM STREET, ADELPHI, August 10M, 1829. SIR, I have the honour to acquaint you, for the information of the Lords Commissioners of His Majesty's Treasury, that having, since the insults and injuries which I have received, either directly or indirectly from my former colleague, Mr. Henry Jadis, done every thing in my power to induce my successive official superiors to afford me redress, but in vain, 1 have at length been reluctantly compelled to com- mence legal proceedings against that individual. I have sufficient evidence to ensure a verdict, and also considerable damages ; but, in order to show to the Jury the whole extent of the injuries which I have experienced by the machinations of Mr. Jadis, it is necessary that I should have in my possession authentic copies of all the letters and papers referred to in Mr. Secretary Lushington's several letters to me of the 27th October 1823, of the 1 1th of June, and the 15th of December 1824, " upon a full consideration of which (Mr. Lushington, in his said letter of the llth of June 1824, informed me) their Lordships felt it to be their duty to remove me from the office of Paymaster of Exchequer Bills." I therefore beg the favour of you to submit to the Lords Commissioners of His Majesty's Treasury my humble re- ?uest, that their Lordships will be pleased to direct that may be furnished with the same. I have the honour to be, Sir, With the greatest respect, Your most obedient humble Servant, (Signed) W. C. SMYTH. To G. B. Dawson, Esq. M.P, On the same day, 1 also addressed the Duke of Wel- lington again, apprising him of my official letter to Mr. 132 Dawson, and ended my communication with these words : " As your Grace has delivered to the world, in your pub- lished letter to the Earl of Winchelsea and Nottingham, dated the 19th of last March, your unqualified opinion, that * No man has a right, ivhether in public or in private, by speech or in writing, or in print, to insult another by attri- buting to him motives for his conduct, public or private, which disgrace or criminate him,' I trust that your Grace will feel disposed ' to do unto others, as you ivould others should do unto you,' and will accordingly be pleased to grant my (as I humbly conceive) reasonable request; and thereby enable me to obtain reparation from my former colleague, Mr. Henry Jadis, for the false and scandalous libels contained in those letters and papers, which I have good reason to know, not only * attribute to me motives for my conduct, both public and private, which disgrace and criminate me,' but which were also the cause of my removal from the office of Paymaster of Exchequer Bills ; whereby I have been, unconvicted, untried, and unarraigned, de- prived of my fortune, of my health, and of my character." On the 25th of the same month, I was honoured with the following reply from the Hon. Mr. Stewart : TREASURY CHAMBERS, August 2oth, 1829. SIR, In answer to your letter of the JOth instant, request- ing copies of certain letters and papers referred to in Mr. Lushington's letters to you of the 2/th of October, 1823, and of the llth of June and the 15th of December, 1824, with the view to a suit instituted by you against Mr. Jadis, I am commanded by the Lords Commissioners of His Majesty's Treasury to acquaint you, that their Lordships cannot furnish you with copies of the documents to which you allude. I am, Sir, Your obedient Servant, (Signed) J. STEWART. To W. C. Smyth, Esq. On this transaction I shall take the liberty of making the following observations : My readers will perceive that my official superiors have accused, and do still accuse me (not of their own knowledge but avowedly upon the exparte representations of my colleagues and my official inferiors) of misconduct and offences which disqualify me for filling the office of Pay- 133 master of Exchequer Bills. During a period of six years I assert my own innocence, accuse my accusers, and endea- vour, by every legitimate'means in my power, to obtain, that to which the greatest criminal is entitled, a hearing. This although withheld, is never denied me by the late Lord Liverpool ; but it is expressly denied me by the Duke of Wellington aye, and under a subterfuge, or rather a false assertion, that I have had a hearing*. I then request that, as my official superiors will not themselves grant me any redress, they will afford me the means of obtaining redress against my traducers, in a court of law. This act of JUSTICE is also peremptorily denied me j and by whom ? By the Duke of Wellington, who, only a short five months before, had, when traduced himself, pub- lished to the world his unqualified opinion that " No man has a right, whether in public or in private, by speech, or in writing or in print, to insult another by attributing to him motives for his conduct, public or private, which disgrace or criminate him !!! But his Grace will no doubt endeavour to screen him- self under the cloak that the representations given in against me " by my colleagues and the clerks acting under me" were confidential communications. Let us therefore see what one of the highest legal authorities in this country has said on the subject of confidential communications made to the prejudice of others. Lord Chief Justice Tyndal, when charging the jury in the case of Rutherford v. Evansf "left it to them to say whether 'the communications made by the defendant were confidential, 'bo)idjide, andhonest cautions, intended to put theCompany " upon their guard against abuses which he had reason to ' believe to have been practised; or whether they wereinsimi- tl ations made for the purpose of gratifying private spleen or gaining some personal purpose to the injury of the plaintiff* As a general principle, if a person thought fit, by letter or otherwise, to make statements injurious to the character of another, that injured party was not obliged to bring actual "proof of malice to support his claim to compensation for the " wrong sustained. But this rule did not apply where the " communications were authorised by the station in which the "parties stood. But again, it was necessary to observe that " Your case has already been fully considered and deckled on, and their Lordships see no sufficient grounds for directing a rc-investigatioii thereof." If this be not tantamount to a assertion that I \\n\-chada. hearing, 1 know uot the meaning of words in Ihe English language. f Vide Morning Herald of Thursday the 22nd Octoher, 1829. 131 <{ ?2O man was justified in taking advantage of a confidential "intercourse to disseminate charges which he KNBW to be false. can be found amongst the re- cords of that office," a note I never had asked for, and which never had existence* Oh ! Derry Dawson, Derry Dawson, what nuts will this not prove to your "private and political friends" the Catholics of Great Britain and Ireland, who (a propos debottes) are no more indebted to you, or to your Patron, the Duke of Wellington, than is your humble, but not obedient servant !! Having been thus refused the means of proving the ex- treme maliciousness of that libel for which I had commenced an action against Mr. Jadis, I was forced to abandon the suit altogether, for a criminal prosecution, which I shall shortly commence. In this proceeding, although I shall not be able to recover any compensation by way of damages, I shall at least have the satisfaction of convicting him and his worthy associate Nevinson of a base conspiracy j and, by going into the witness box myself, shall be able to prove the extreme maliciousness and iniquity of the whole of their conduct towards me ; and, at the same time, give them an oppor- tunity, by cross-examining me, of sifting to the bottom every action of my life, both public and private ; and thus, of prov- ing 1 to the world what " notorious transactions 1 had been concerned in, which rendered it out ot the question for them, as gentlemen, to transact business, or associate with me"!!!* Having resolved to give the Duke of Wellington one more opportunity of rendering me, if not complete, at least, one act of partial JUSTICE, on the 9th of November I ad- dressed the following letter to the Hon. James Stewart, and at the same time, a few lines to his Grace, apprising him of my having done so : By the report of the Trial, which took place at Paris, on the 10th of April, 1828 (as given in the Appendix to this Pamphlet) it appears, that, although the British Ambassador removed Mr. Roberts from his appointment of Apothecary to the Embassy, much in the same summary and unjust manner as Lords Liver- pool, Goderich, and Lowther did me from my Office of Paymaster of Exchequer Bills, yet His Excellency did not (like the Duke of Wellington) follow up his act of injustice by refusing to grant to Mr. Roberts a copy of the defamatory Letter which had been addressed to his Lordship, by the thirteen disinterested and honorable sons of jEsculapius! 137 G, ADAM STREET, ADELPHI, November 9th, 1829. SIR, Having ascertained that the Lords Commissioners of His Majesty's Treasury, who authorized Mr. then Secretary Lushington to address to me his letter of the llth of June, 1824, have not revoked or determined my appointment as one of the Paymasters of Exchequer Bills, but that their Lordships, in the Constitution of Mr. J. H. Latham, dated the 5th of July of the same year, have most erroneously stated that I had resigned the said office, I have to beg the favour of you to bring these facts to the notice of the pre- sent Lords Commissioners of His Majesty's Treasury ; and to submit to their Lorships my humble request that they will be pleased to grant me permission to resume my duties as a Paymaster of Exchequer Bills, on the 1st of February next ensuing. Although my health is still in an extreme bad state, as my medical attendants are of opinion that 1 am not as yet afflicted with any organic disease, and as both they and myself are satisfied that a few weeks' peace and tranquillity of mind would greatly tend to the restoration thereof, 1 feel confident that, if their Lordships would be'pleased at the present time to signify their approbation to my returning to my official duties three months hence, 1 shall, at the expira- tion of that period, be perfectly able so to do, with satisfaction to myself, and advantage to the public. In the event of their Lordships condescending to render me this act of justice, I beg leave respectfully to state that I am willing to accept of the amount of pension (which I un- derstand has already been voted to me by Parliament) as an equivalent for my salary and allowances from the date of Mr. Secretary Lushington's before mentioned letter to the 1st of next February; to the whole of which salary and allowances, as I humbly conceive, I am justly and legally entitled. 1 huve the honor to be &c. (Signed) W. C. SMYTH. To the Hon. J. Steivart. On the 25th of the same month, I was honored with the following reply : TREASURY CHAMBERS, November 25ih, 1829. SIR, Having laid before the Lords Commissioners of His Majesty's Treasury your letter of the 9th inst. requesting 18 138 permission to resume your duties as Paymaster of Exchequer Kills ; I am commanded to acquaint you that my Lords cannot hold out to you the least expectation of your being again appointed to act as Paymaster of Exchequer Bills, from which you appear, from a minute of their Lordships' Board, to have been removed some time since, and for which office the state of your health, independent of other circumstances, appears to disqualify you. J am further to acquaint you that three years have elapsed shice my Lords communicated to you their intention, in consequence of the distressing state of your health, as described in a medical certificate annexed to your application to this Board, to grant to you a retired allowance of 166 per annum to commence from the 3rd of April, 1826. And I am to inform you that that allowance, with any arrears which may be due upon it, will, like any other retired allowance, be paid to you on application to the Paymasters of Exchequer Bills. 1 am, Sir, Your obedient servant, (Signed) GEO. R. DAWSON. To W. Carmichael Smyth, Esq. On this letter of Mr. Secretary Dawson, I shall take the liberty of making the following remarks. First, 1 never requested " to be again appointed to act as Paymaster of Exchequer-Bills ;" but only " to be permitted to resume my duties as such." Secondly, the Lords Commissioners of His Ma jesty's Treasury therein tacitly acknowledge " that my appointment, as a Paymaster of Exchequer-Bills, has not been revoked or determined." Thirdly, their Lordships assert that " I appear, from a minute of their Board, to have been removed from that office some time since." Now, in the first place, I deny the power of the Lords Commissioners of His Ma- jesty's Treasury to remove a Paymaster of Exchequer- Bills from his office " not only without giving him an opportunity of being heard, but even without making him acquainted with the crimes or offences (if any) with which he is charged," and, on the other hand, maintain that, granting that he has been officially and fully made ac- ' quainted with the crimes or offences (if any) with which he is charged, granting that he has had a fair opportunity of being fully heard granting that he has availed himself of that opportunity, and granting that he has been con- m victed, upon the clearest and most satisfactory evidence, of the blackest crimes, or of the direst offences ; still, that the Lords Commissioners of His Majesty's Treasury have no more the power of Removing a Paymaster of Exchequer Bills from his office by a minute of their board, than they have of originally appointing one by such a Document ; but that he must be legally removed, and that the only mode by which such legal removal can be effected, is by revoking and determining his appointment. This mode not having been adopted in respect to me, I maintain that I am, at the present moment, to all intents and purposes, in fact, in law, and in equity, a Paymaster of Exchequer Bills ! ! !* Fourthly, their Lordships next assert that " the state of my health, 'independent of other circumstances, appears to disqualify me for the said office." 1 admit that the state of my health, at present, does disqualify me for that office ; but I assert, that, although 1 never shall enjoy that health I should now be enjoying, but for the series of arbitrary, unjust, inhuman, and illegal conduct pursued towards me for the last six years and upwards, by my successive official superiors, still that, as the office of Paymaster of Exchequer Bills (although one of great trust and responsibility) is one of the easiest under Government, were 1, (even at the present time) permitted to enjoy a few weeks' peace and tranquillity of mind, I should, * at the expiration of that period, be perfectly able to discharge the duties of that office, with satisfaction to myself, and with advantage to the public, f But, their Lordships allege " that there are other in- dependent circumstances, which appear to disqualify me for the said office." This I deny j and assert that we have here again " The lie, BO oft o'erthrown, " TV imputed trash aud nonsense not my own." These " other independent circumstances" never had 1 submit to my readers that it is quite evident, that both the Duke of Wel- lington and Mr. Secretary Peel are conscious that the opinion of the present twelve Judges would be as favorable to me as that of their predecessors was to Sir Isaac Coffin ; otherwise the latter gentleman would not have withheld my memorial from the King, but instantly have recommended to His Majesty, that the prayer of it should be complied with, and thus the extinguisher put upon me for ever. f In support of this latter assertion, I beg leave to refer my readers to my reply to a letter addressed to the Editor of the Morniug Herald, entitled '* Exchequer Bill Office Manoeuvre" The letter itscll its well a* my atww*i' ar both given in the Appendix to this Pamphlet. 18* 140 any existence, except in the treacherous imaginations of Messrs. Jadis and Co. and were, I maintain, completely abandoned, (by my former official .superiors) both by the v/ords and by the spirit of Mr. Secretary Hill's letter of the llth October, 1826; first, because he therein ex- pressly states that " it is upon a re-view of all the cir- cumstances which led to my removal from the situation of Paymaster of Exchequer Bills, that the Lords Commis- sioners of His Majesty's Treasury will submit a vote to Parliament for granting to me a retired allowance :" and se- condly, because the fourth section of the 1 13 cap. of the 3rd of Geo. IV. (the only authority which enables the Com- missioners of the Treasury to grant superannuation al- lowances}, distinctly prohibits the granting of any such allowance to a servant of the public, " unless he shall have discharged the duties of his situation with diligence and fidelity; and to the satisfaction of his official SUPE- RIORS ;" and is as follows : " It shall not be lawful to " grant any such superannuation allowance to any officer " who shall be under sixty-five years of age, unless " upon certificates from the heads of the department to " which any such officer shall belong, and from two medical " practitioners, that he is incapable, from infirmity of mind " or body, to discharge the duties of his situation, nor unless " he shall have discharged the duties of his situation with " diligence and fidelity, to the satisfaction of the head " officers or head officer of the office or department to which " he shall belong, to be certified by any two of such head " officers (if there shall be more than one) or by such head " officer, (if only one), and in case the person claiming any tl such superannuation allowance shall himself he one of the " head officers, or the head officer, then such superannuation " allowance shall not be granted, unless he shall have dis- " charged the duties of his situation with diligence and " fidelity, to the satisfaction of the Commissioners of the 11 Admiralty (if such head officer or person shall hold any " office or situation under the control of that department), " and in all other cases to the satisfaction of the Commis- " sioners of the Treasury ;* and the said Commissioners of " the Admiralty and Treasury respectively, shall express * From these words it is quite manifest that the Legislature never con- templated that one of the Heads of an office should be subject to the caprice of his colleagues or official equals for a character. Such an idea would, I think, have beeu (tealcd by the noble-minded CANNING as truly preposterous .' 141 " such satisfaction in their minute recommending or direct' " ing the grant of any such superannuation allowance" Now, either their Lordships have expressed such satis- faction of my conduct in their minute, recommending or directing the grant of the superannuation allowance to me j or, they have not. If they have, then I maintain that such expression is a complete exoneration of all blame, or even the slightest imputation against my character, and conse- quently that the assertion in Mr. Dawson's letter is false, and ought not to have been thrown in my teeth ; and if they have not, then they have disobeyed the directions of the Act of Parliament, and thus rendered their grant illegal, and consequently of non-effect. After all, perhaps, as the Duke of Wellington, at the very moment when he penned his famous letter to Dr. Cur- tis, informing the venerable Prelate that " he satv no pros- pect of a settlement of the Catholic Question," actually contemplated, in his own mind, the final settlement of that Question by the immediate Emancipation of the Catholics, so, is it possible (I had almost said probable) that, at the very moment when he commanded Mr. Secretary Dawson to address to me the before-given letter, acquainting me " that their Lordships could not hold out to me the least expectation of my being again appointed to act as Pay- master of Exchequer Bills," his Grace actually contem- plated, in his own mind, the final settlement of this Ques- tion also, by my immediate restitution to that office ! ! !* On the 27th, I replied to the before-given letter as follows : 6, ADAM STREET, ADELPHI, November 27th, 1829- SlR, I have the honor to acknowledge the receipt of your letter of the 25th inst. and have now to beg the favour of you to submit to the Lords Commissioners of His Majesty's Treasury my humble request, that their Lordships will be pleased to authorise you to transmit to me a copy of the minute to which you therein refer ; and also to communi- cate to me, in detail, " the other circumstances which (as * As the Duke of Wellington is no doubt proud of the before-mentioned memorable epistle; and, perhaps, may not have a copy at hand, at the mo- ment he reads this pamphlet, I shall honor and accommodate his Grace by iusertiug a copy thereof among my ERRATA ! 142 you state in your letter) appear to disqualify me for the Office of Paymaster of Exchequer Bills." Thave the honor to be, with the greatest respect, Your most obedient humble servant, (Signed) W. C. SMYTH. To Geo. R. Dawson, Esq. M.'P. On the 14th of December, I was honored with the fol- lowing reply from Mr, Secretary Stewart : TRHASUHY CHAMBERS, December 14M, 1829. SIR, In answer to your letter of the 2/th ult. requesting transmission of copy of this Board's Minute directing your removal from the Office of Paymaster of Exchequer Bills, and also to be informed of the circumstances which led to your disqualification for the said office, 1 am commanded by the Lords Commissioners of His Majesty's Treasury to acquaint you, that their Lordships do not think it proper to furnish to any party copies of their minutes, and, with res- pect to the other part of your letter, I am directed to refer you to the communication you have already received* I am, Sir, Your obedient servant, (Signed) J. STEWART. To W. C. Smyth, Esq. On the contents of this letter I shall take the liberty to observe, that although I am not aware of any instance in which the Commissioners of the Treasury have furnished a party with a copy of any one of their minutes, I do not entertain a doubt but that such has frequently been done. At all events, I know for certain, that parties have been per- mitted to read at the Treasury minutes made in respect to themselves, aye, and that too during the Wellington admi- nistration ; but, as I have before observed, with this pre- cious conclave, the maxim evidently is " show me the man, and I will tell you the law.*" For the reason therein stated, I did not transmit my answer to the foregoing until the 1 1th of February, on which day I again addressed Mr. Secretary Dawson, as follows : * I stop the press lo inform my readers thai I have this very day (March 5th) seeu in the Morning Herald the copy of a Treasury Minute, relating 1 to the State Paper Office. These valuable documents are therefore not uni- formly considered as too sacred to be gazed ou by the eye of the vulgar! 143 6, ADAM STREET, ADELPHI, February \\th> 1830. SIR, I have the honour to acknowledge the receipt of the Hon. Mr. Secretary Stewart's letter of the 14th of Decem- ber, to Which I should earlier have replied, had I not been, at the moment I received it, and for some time afterwards, confined to my bed, by severe illness. Mr. Stewart therein acquaints me that, " in answer to that part of my letter of the 27th of November, in which I begged the favour of you to submit to the Lords Commissioners of His Ma- jesty's Treasury, my humble request that their Lordships would be pleased to authorise you to communicate to me in detail the other circumstances which (as you state in your letter of the 25th of November), appear to disqualify me from filling the office of Paymaster of Exchequer Bills, he is directed to refer me to the communication which I have already received." Having, since the receipt of Mr. Stewart's letter, referred to every communication with which I have been honoured by my official superiors ; and not having been able to discover that any one of those com- munications furnish me with that information, I have now to beg the favour of you to submit to the Lords Commis- sioners of His Majesty's Treasury my humble request that their Lordships will be pleased to authorise you to inform me of the date of the particular communication to which I am referred, for the information requested by me, in the letter 1 had the honour of addressing to you on the 27th