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 wzfl</-house.
Now, supposing, for the sake of argument, that I had
knowingly and wittingly been guilty of this last most cruel
and inhuman act, is it an act which ought to put a man " out
* The whole of this production, like that given in page 8, is also in the
hand-writing of Mr. Jadis ; and Mr. Nevinson, it will be observed, here
again submitted " to play the second fAorOKjrJk'BAiB" ! ! !
f Julius Caesar.
13
of the pale of society?" Could not I have been sufficiently
punished by the strong arm of the Law without Mr. Jadis' s
interference as " a Knight Errant?"
Secondly, let us consider who this Mr. Jadis is ? what
is his character ? and what " notorious transactions" he
has been concerned in, during his eventful life ?
His birth, education and parentage, we will pass over,
as, " least said on this subject is soonest mended." His
character is however tolerably well known to be that (to say
the least of it) of " a Gentleman of the Fancy," and " the
notorious transactions in which" (almost every one knows)
" he has been concerned" are first, in debauching the wife
of Lord, then Captain, Gardner (for which a Jury of his
countrymen condemned him to pay ONE THOUSAND
POUNDS damages) and then, putting forward his own son,
by the unfortunate victim of his debauchery, to maintain a
claim to that Peerage to which he knew well, the legitimate
son of Lord Gardner, by his second wife, a daughter of
my Lord Carrington, was justly and lawfully entitled ! ! !*
These, gentle reader, are two of " the notorious tran-
sactions in which one of these most fastidious individuals
has been concerned." An immaculate individual, whose
sacred person was to be contaminated " by transacting busi-
ness or associating with me."
Should Mr. Jadis feel himself aggrieved by this expost of
mine, I will answer him as his connexion, my Lord Vis-
count Goderich did some members of the House of Com-
mons, as reported in the Courier of the 14th of March, 182/,
viz : " Those gentlemen, who were so very tender on the
subject of Mr. Flanagan's character, should remember that
he has not been very nice with the characters of others,"
and beg to add my own confirmation of his Lordship's re-
mark, that " men who live in glass houses, ought not to
throw stones !"
Lastly, let us consider " what was the conduct of this par
nobile fratrum in this very transaction towards me." The rea-
der will observe that in their joint letter of the 3rd of Septem-
ber," they were obliged to doubt, not only the assertion in my
letter, of having received so severe a concussion of the brain,
on the 16th of August, as to prevent my attention to business,
but also the accompanying medical report, as they had receiv-
ed positive information of my having been actively employed
If this was not adding insult to injury, I know not what it can be called.
14
in public, since that period, upon several occasions, inde-
pendently of my appearance before a Judge at his Chambers
on the 28th ultimo." Humane, unwilling and sagacious
sceptics ! ! ! It is perfectly true, that, between the time of
my accident and the transmission of this doubtful medical
report, (rather a novel appellation for a certificate) I was
twice in public, independently of my appearance before a
Judge at his Chambers on Thursday the 28th of the same
month of August. The first occasion was to humour a de-
ranged wife by driving her out in a gig, at a time when I
could scarcely hold the reins, or hold up my own head. 1*
The second " occasion in which 1 was in public," was
the very next day when I ought to have been tranquil in
bed, but was obliged to run out into the street for about
five minutes to prevent the said lunatic wife escaping from
the custody of the nurses of Dr. Burrows, under whose care
J had been advised, by a humane and sensible young me-
dical practitioner to place her, as well for the safety of
myself and my domestics, as for her own benefit. These
were the two memorable " occasions on which I was in
public" subsequent to the period of the accident but prior
to my transmitting to these humane, unwilling and saga-
cious sceptics, this doubtful medical report ! !
But, gentle reader, you have been told by these worthies
that, " independently of these occasions, when I had been
actively employed in public, I had made my appearance
before a Judge at his Chambers on the 28th of the same
month,"f and you have, in this instance, been told the truth ;
for sceptics are not always liars.
After I had, on the 21st, put my wife under the care of
Dr. Burrows, there was a levfe en masse of KNIGHTS of the
garter and LADIES of the bedchamber, of Mad-oocrons
and of sawe-LAWYERS to liberate this unfortunate Lady :
first, from the crimes and horrors to which she was sub-
jected in Kelly House ; and secondly, to separate her for
ever from that monster in human shape, her cruel and
* Upon my return home I was again taken so ill, that Mr. now Dr. Thom-
son ordered me to bo cupped (although I had been copiously bledxbut three
days previous) and a blister to be applied to the back of my neck. I was
cupped on that very evening, but, owing to the confusion which my lunatic
wife created at that time in the house, I never had an opportunity of having
recourse to the eqnally necessary relief of the blister.
f My two former sorties were made respectively on the 20th and on the
21st of August.
15
barbarous husband William Carmichael Smyth, the worth-
less Paymaster of Exchequer- Bills !!!
Unfortunately for me, unfortunately for the unfortunate
lady herself, * and unfortunately for the individuals com-
posing the motley groupe of this heroic band, the learned
Judges Park and Richardson (or, at all events, the learned
Judge Park) lent as willing an ear, to the false and male-
volent representations of these, my private and domestic
enemies, as the Earl of Liverpool afterwards did to the
equally false and malevolent representations of my public and
official calumniators. A writ of Habeas Corpus was im-
mediately granted j . the lady was brought into the pre-
sence of the two before-mentioned learned Judges, on the
27th, and, notwithstanding six or seven as credible witnesses
as ever gave evidence in a Court of Justice swore, point blank
to numerous acts, which proved her to have been of deranged
mind for some months previous to my putting her under Dr.
Burrows's care, and to acts and conduct of hers on the night
of the 20th, which proved her to have been, at that time,
raving-mad, 1 understood that the learned Judge Park pro-
nounced her to be perfectly sane, and that the learned
Judge Richardson ob reverentidm senioris, in despite of his
own better judgment, was to join his brother Park in or-
dering her liberation the next day.
Under these circumstances, gentle reader, I did, " con-
trary to the advice of my medical attendant, Mr. Gaskell,"
at the risk of incurring a brain fever at the hazard of my
life, make " my appearance before a Judge at his Cham-
bers, on the 28th of August 1823," and these acts of mine to
which I was driven, I may truly say, by desperation, are
assigned by these humane, unwilling and sagacious sceptics,
as a sufficient cause <k to oblige them to doubt, not only
the assertion in my letter, of having received so severe a
concussion of the brain, on the 16th of August, as to pre-
vent my attention to business, but also the accompanying
medical report" of as conscientious and respectable a prac-
titioner as the profession can boast ! ! !
But, gentle reader, let us now consider, what was the
consistency of this par nobile fratrum, in this noble, ge-
nerous and manly transaction towards me.
Mr. Nevinson, it will be observed by his letter of the
9th September, (being, for the before- mentioned reasons,
obliged to doubt my inability to attend to business,) called
upon me, in rather peremptory and threatening language,
" to inform him, whether it was my intention to be present
16
on the IJth and 19th instant, in order that he might know
how to act" ! This was, at least, consistent. But, says our
immortal bard,
" Between the acting of a dreadful thing-,
And the first motion, all the interim is
Like a phantasma, or a hideous dream:
The genius and the mortal instruments,
Are then in council : and the state of a man,
Like to a little kingdom, suffers then
The nature of an insurrection." Juliu.i Ccesar.
This phantasma this hideous dream of Mr. Jadis's, to
bring about my dismissal from office, (which, to the eter-
nal shame and disgrace of the Earl of Liverpool and of Lord
Viscount Goderich, has been but too-fatally realised,)
induced that base conspirator, finding that the ground he
had taken up the charge of having transmitted a false
certificate, as to the state of my health, was not tenable,
to assume another position, viz : the vague and undefined
charge of " my having been concerned in notorious trans-
actions." In this tergiversation poor, hollow-hearted Mr.
Nevinson (equally anxious to effect my removal from
office) not adverting to his peremptory and threatening letter
of the 9th September, heartily joined him, on the 30th of the
same month by " playing the second thorough-VASK." ! ! !
Faith,
" 1 had rather be a dog, and bay the moon,
Than such a Roman."
In conformity with the intimation I had given to my
worthy colleagues in my letter of the 27th September, and
in defiance of their threat " not to transact business or asso-
ciate with me," I returned to my official duties, on the
day I had appointed. Mr. Nevinson entered the office at
the same moment as myself. " We transacted business,
and associated together" that day not certainly, as two
loving brothers, but, at least, without his attempting to
offer me any gross insult.
As the Lords Commissioners of his Majesty's Treasury
had not thought proper to honor me with any reply what-
ever to the letter I addressed to them, through Mr. Se-
cretary Lushington, on the 3rd of September, I took the
liberty to construe their Lordships' silence into consent,
and therefore considered it my duty to thank their Lord-
ships for " the sanction they were pleased to give to my
17
absenting myself (from office) during my severe illness," and
also to report to their Lordships my return to my duties ;
which 1 did in the following words :
EXCHEQUER-BILL OFFICB, October 6th, 1823.
SIR, I have the honour to report to you, for the informa-
tion of the Lords Commissioners of his Majesty's Treasury,
that, although by no means recovered from the distressing
effects of my accident, yet finding myself considerably
better, I returned to my duties at the Exchequer, on Thurs-
day last ; and, with the help of God, hope to be able to con-
tinue to perform them.
I beg you will do me the favour of offering my grateful
thanks to their Lordships, for the sanction they we're pleased
to give to my absenting myself during my severe illness. A
sanction I should not have been under the necessity of troub-
ling their Lordships for, but for the malevolent, and ungentle-
manly conduct of my colleague, Mr. Jadis.
I have the honour to be, Sir,
with the greatest respect,
Your most obedient, humble servant,
(Signed) W. C. SMYTH.
To S. R Lushington, Esq.
Secretary to the Treasury.
Of this letter, neither was any notice taken, during a
period of three weeks. At the expiration of that time,
my mind began to be perfectly at rest. I concluded that
my original fears were groundless, that I had at
length put a proper construction upon the former silence
of their Lordships, and that, whether Messrs. Jadis and
Nevinson had, or had not put their threat into execution
" of stating to the First Lord of the Treasury the reasons
which rendered it out of the question for them, as gentle-
men, to transact business or associate with me," both the
First and the last Lord treated their representations with
that sovereign contempt which, 1 feel convinced, every ho-
norable and upright man, who reads this statement, consi-
ders they deserved.
Judge then, gentle reader, of my astonishment and mor-
tification, when, on the night of the 27th October, I re-
ceived the following letter from Mr. Secretary Lushington :
TREASURY CHAMBERS, 27th October, 1823.
SIR, The Lords Commissioners of His Majesty's Trea-
sury having had, under their consideration, your letters of the
3
18
3rd of September and the 6th instant, relative to your ab-
sence from the office of Paymaster of Exchequer-Bills, and
also representations from the gentlemen acting in the same
office with you stating that, " at the time when you repre-
** sented to this Board, your incapacity to attend to your of-
" ficial duty, you were actively employed in public, on several
" occasions," My Lords thought fit to direct certain en-
quiries to be made on this subject; and I am commanded to
acquaint you, that the result has been so little satisfactory,
that unless it shall be in your power to submit to their Lord-
ships sufficient proof of the truth of your former assertion,
My Lords will feel it their duty to remove you from the
Office of Paymaster of Exchequer-Bills.
I am, Sir,
your obedient servant,
(Signed) S. R. LUSHINGTON.
To W. C. Smyth, Esq.
As the fact that " the water of which the lamb drank,
ran down the stream from the wolf to him," should have
convinced that ferocious animal that, (although " the lamb
was quenching his thirst at the same clear, silver brook)",
it was physically impossible that he should " disturb the
water and make it so muddy that the wolf could not drink,"
so, do I humbly conceive, my assertion, as an hono-
rable man, coupled with the testimony of Dr. Anthony
Todd Thomson and Mr. Gaskell, should have convinced
the Earl of Liverpool and Lord Viscount Goderich, that
(although " I had been actively employed in public, on
several occasions,) it was morally impossible, but that,
" at the time 1 represented my incapacity to attend to my
official duty," I had received " a severe concussion of the
brain." Instead, therefore, of insulting my feelings, and of
harassing my mind by requiring " additional proof of the
truth of my former assertion," 1 should have imagined that
their Lordships would have rested satisfied with the ample
proof already in their possession ; and, adverting to my latter
assertion, viz : " that I was by no means recovered from
the distressing effects of the accident", that their Lordships
would (so far as in their power lay) have afforded me that
" tranquillity of mind and body which was absolutely neces-
sary to effect my cure."
But alas ! it was now manifest that my official superiors
were as anxious " to pick a quarrel with me" as the wolf
was with the lamb j and, says my revered benefactor, in
19
one of his eloquent speeches, delivered in the House of
Commons, on the subject of the Silk Trade, " when a
stick is wanted to beat a dog, very little consideration is
paid to the selection of that stick."
However, of the two charges made against me by my
colleagues, the reader will observe that the Lords Com-
missioners of his Majesty's Treasury deemed it expedient
to call upon me to answer only one ; and, what is extraor-
dinary, it was that very one upon which my colleagues had
laid the least stress, if not wholly abandoned. But, " on
this subject," says Mr. Lushington, " my Lords thought
fit to direct certain enquiries to be made." From whom,
I should be glad to know were these " certain enquiries
made?" Not, most assuredly, from Dr. Thomson or from
Mr. Gaskell not most assuredly from Mr. White not most
assuredly from the physician referred to by me, in my letter
to Mr. Secretary Lushington, of the 3rd September not
most assuredly from Mr. Pratt, the House Apothecary at
the Penitentiary ; as little were these enquiries made from
the clergyman of that institution, or from the Venera-
ble the Archdeacon J. H. Pott, M.A. or from G. P. Hoi-
ford, Esq. M.P. all of whom, as I have been informed,
saw me at the time of the accident, " treated me very hu-
manely," and took considerable interest in my welfare.
Such, I apprehend however, would have been the indivi-
duals from whom their Lordships ought to, and would have
directed the enquiries to have been made, had They been
desirous that they should be bond fide enquiries, made with
a view of ascertaining the truth.
From whom then were " these certain enquiries made?"
Why, gentle reader, I will tell you: from, as I verily believe,
four of my mortal and implacable enemies, from the Rev.
D'Arcy Haggitt*, then, Curate of St. John's, Westminster ;
noiv, either Curate, or Vicar, or Rector of Pershore upon
Avon, in Worcestershire, from Mary Haggitt (formerly
Martinf) his wife; from James Houliston, swindler, now
or late of the tread-mil/; and from Henry Jadis, whose
birth, education, parentage and character, I have already
* The reader is particularly requested not to " confound thit
with the Rev. Dr. Haggitt, Chaplain at Chelsea Hospital ; they being very
different personages, and, as I believe, no relations whatever.
f This is not the same personage who was lately murdered by William
Corder; though, for aught 1 know to the contrary, she may be related (on her
mother's side) to the Martins of Polstead in Suffolk. Her father's name,
however, I know is not Martin!!!
3*
20
given you, in tolerably plain language, in page 13 of this
pamphlet. ! ! !
These, gentle reader, I assert were the impartial and
immaculate personages from whom " these certain en-
quiries were made on this subject, the result of which was
(as it might well be expected) so little satisfactory, as to
induce the Earl of Liverpool and Lord Viscount Goderich
to threaten to remove me from the office of Paymaster of
Exchequer-Bills, unless it should be in my power to sub-
mit to their Lordships additional proof, of the truth of my
former assertion." ! ! !
If this be not the fact, then let my Lord Goderich come
forward, like a man, and say from whom " these certain
enquiries were made." 1 can assure his Lordship that " all
I ask, is that to which I have a right, a fair field, no fa-
vor ; and I will abide by the result, whatever it may be/'*
Having been apprized that Mr. Jadis, immediately upon
his return from the North, commenced (as a proof of his
readiness " to make it up to me in any ivay or at any lime
I wished^,} plotting against me for the express purpose of
endeavouring to get me dismissed from my office; and per-
ceiving, from Mr. Nevinson's answer to me, " I am sorry
to hear of your accident, though I had been informed you
have been in public," that he had not got an unwilling co-
adjutor in our worthy colleague ; I deemed it prudent (like
an old sailor,) as I saw " the storm was gathering," to
prepare for the gale. I therefore wrote a letter to Mr.
White, requesting him to grant me some certificate as to
the nature of the accident which had befallen me, and of
which he was almost an eye-witness ; and, on the same day,
addressed a letter to Lord Viscount Goderich, informing
him, " that 1 understood that Mr. Jadis either had endea-
voured, or intended to endeavour, to prejudice his mind
against me, but, I would fain hope, that 1 was too well
acquainted with his character, both from general report
and from my own knowledge of it, when serving him as a
fag at Harrow School, in the year 1J98 91), to suppose
for one moment, that he would prejudge, still less condemn
any man unheard."
* These were his Lordship's own words, when defending himself in the
House of Lords ; let him now follow the advice of his late colleague Lord
Liverpool, and " do unto others, as lie would they should do unto him."!! !
f See his letter of the 6th August, as given in page 4.
21
Mr. White immediately favored me with the reply here-
after noticed. My Lord Viscount Goderich, however,
treated his old school-fellow with silent contempt ; and the
subsequent conduct I experienced from him, will prove how
far my confidence in the honor, integrity and impartiality
of his Lordship, was or was not misplaced.
On the 28th, 1 replied to Mr. Secretary Lushington's
letter as follows :
184, SLOANK STREET, October 28/A, 1823.
SIR, I last night had the honour to receive your letter
of yesterday.
The length of time, now nearly two months, which has
elapsed since I solicited their Lordships' permission to ab-
sent myself from the duties of my office, on account of ill
health, induced me to hope, that the medical certificates with
which that solicitation was accompanied, were so completely
satisfactory to their Lordships as to render any further
proof of the truth of my assertion totally unnecessary.
Fortunately, however, having heard that my colleague
Mr. Jadis was doing everything in his power to misrepre-
sent my conduct, and the state of my health, for the avowed
purpose of getting me dismissed from my appointment, 1
wrote a letter, of which the enclosed (marked ^f.) is a copy,
to Mr. White, consulting surgeon to the I'enitentiary, who
saw me and administered to me, a few seconds after my ac-
cident, which was the cause of all my misfortunes. To this
appeal, Mr. White had the benevolence to send me the
answer, which I have also the honour to transmit herewith.
I now beg leave, most humbly and respectfully, but ear-
nestly to submit to their Lordships, that the truth or false-
hood of my representation, should depend entirely on the
respectability of the medical men who have attested the
then state of my health. Mr. Thomson of Sloane Street,
and Mr. Gaskell of Chelsea, must be well known to Mr.
Hoblyn of the Treasury, and Mr. White must be equally so
to their Lordships. If these are ignorant, unskilful, or
worthless characters, then let me be dismissed my ap-
pointment ; but if, on the other hand, these are gentlemen
of acknowledged talent, honour and probity, then I trust
their Lordships will not deprive one of his bread, whose
only crime is to have met with " an alarming and serious
accident" of which every undue advantage has been taken
22
by a worthless Queen's mob ;* almost to drive him to distrac-
tion.
I have the honour to be, Sir,
With the greatest respect,
Your most obedient, humble servant,
(Signed) W. C.SMYTH.
To S. R. Lushington, Esq.
Sfc., %c., Sfc.
(A.} 184, SLOANE STREET, Sept. 4, 1823.
SIR, A malevolent report having been circulated by some
evil disposed persons, that the calamity which befel me on
Saturday the 16th of August, was not of so serious a nature
as I, and two medical gentlemen who have attended me have
represented, 1 should esteem it a particular favour, if you
would give me some kind of certificate, as to the nature of
the accident, which 1 may, if necessary, submit to the Lords
Commissioners of His Majesty's Treasury.
I am. Sir,
With much gratitude for the kind attention you showed
me on that occasion,
Your obedient, humble servant,
(Signed) W. C. SMYTH.
To A. White, Esq. Surgeon.
Parliament Street.
(B.) 5, PARLIAMENT STREET, Sept. 4, 1823.
SIR, I have not the smallest hesitation to affirm that
the injury you received on the 1 6th of last month, on
Millbank, opposite the Penitentiary was of a most alarming
and serious nature, being a violent concussion of the brain ;
the consequences of which are painfully felt in many in-
stances for a considerable time afterwards, and in some cases
throughout life.
1 am, Sir,
Your most obedient servant,
(Signed) ANTHONY WHITE,
Consulting Surgeon to the Penitentiary.
To W. C. Smyth, Esq.
When this letter of mine, together with the documents
* This may be considered to have been rather an extraordinary expression
for me to use ; granted. But it by no means follows, that it was therefore
an improper or inapplicable expression ; and I still maintain, that it was the
only correct appellation by which I could designate the motley groupe the
rag -tag and bob-tail lacanaille, sotte espece, I have enumerated in page 14.
23
which accompanied it, was read at the Board of Treasury,
one would, 1 think, naturally have supposed that the
Earl of Liverpool, or Lord Viscount Goderich, or any man
of common understanding, who happened to be present at
the time, would immediately have perceived that their Lord-
ships had been most grossly imposed upon by the base ma-
chinations of Messrs. Jadis and Nevinson ; and by the false
representations of the individuals from whom " my Lords
thought fit to direct those certain enquiries to be made on
this subject ;" and that he or they, or any one of them pos-
sessing the slightest degree of common humanity, or of
common JUSTICE, would instantly have directed that an im-
mediate answer should have been transmitted to me, in-
timating " that their Lordships were perfectly satisfied of
the necessity of my absenting myself (from the duties of
office) during my severe illness;" and have thus exonerated
me and my medical attendants, from the serious and dis-
graceful charge of having submitted false certificates to their
Lordships. 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 intelli-
gence, their honor, their humanity and their JUSTICE, per-
mitted me, who had transmitted " the requisite additional
proof of the truth of my former assertion," and who, by his
latter assertion " was by no means recovered from the dis-
tressing effects" " of an alarming and serious accident" I say,
such men as these, under such circumstances as I described,
permitted me to remain in painful suspense in distressing
mental anxiety, and under the grave and disgraceful charge
of having submitted to their Lordships false certificates,
during a period of upwards of six MONTHS. ! ! !
Here ended the first ACT in this tragi-comedy of Errors j
and of arbitrary, unjust and inhuman conduct towards me
aye, and from men too who, as I had always thoughc,
would never have ill-used a dog. ! ! !
A few days after I had answered the before-noticed letter
of Mr. Secretary Lushington, viz: on or about the 1st
November, Mr. Jadis and myself (" the two notorious
Paymasters") came in contact, for the first time, since I had
received his letter of the 8th August, already given in page
5 of this pamphlet. He was in the Board-Room when I
entered. The moment he saw me he turned as white as a
sheet ; his tongue stuck to the roof of his mouth, so that
he could scarcely articulate :
24
* My horrid image did unfix his hair,
And make his seated heart knock at his ribs,
Against the use of nature."
But, I say,
" The devil damn thee black, thou cream-fac'd loon !
Where got'st thou that goose look ?" * Macbeth.
As soon as he had recovered the power of speech, he ex-
claimed : " 1 shall not associate with you, Sir. You have put
yourself beyond the pale of a gentleman." To which I replied,
" You are a pretty one to talk of gentlemen I think you
are a very pale gentleman. You must associate with me,
as far as is necessary to transact public business, until the
Lords of the Treasury think proper to remove me from my
office j and, God knows, any farther I am not ambitious of
the honor of your acquaintance." I then requested to know
on which days of the week he wished to attend, but as the
" phantasma the hideous dream," of effecting my dismis-
sal from office, was still floating in his treacherous ima-
gination, 1 presume he considered it quite unnecessary to
make any arrangement as to future attendance, with one
whom he hoped shortly to prevent entering the office at all.
However, be this as, it may, he would give me no
answer on this or any other subject. I therefore told him
that " I should hereafter attend on the Mondays, Wednes-
days and Fridays" and then
" Left him to heaven,
And to those thorns that in his bosom lodg'd
To prick and sting him."
From that day to the period of my removal from office,
I never saw that " cream-fac'd loon" again ; and therefore,
of course he can scarcely be said ever to have " tran-
sacted business or associated with me, " since his determi-
nation not to do so, as communicated to me in the me-
morable joint billet-doux of him and his brother conspi-
rator, already given in page 12 of this pamphlet. So far,
at least, this pale GENTLEMAN has been consistent.
But, although he was not " actively employed in public
since that period, on several occasions," was he not *' actively
* Query, was it from his Noble father, or from his Illustrious mother ? J
25
employed in private since that period, on numerous occa-
sions" in harassing and insulting me ? ? ? I maintain that he
was ; and that, had I been granted " that to which I have a
RIGHT a fair field, no favor," I could have proved this,
as well as almost every other fact which I have asserted or
may hereafter assert in this pamphlet.
However, be this as it may, from that hour up to the pe-
riod of my removal from office, I was constantly thwarted,
harassed and insulted by several individuals therein ; and
I think, therefore, it is not too much to say, that their
conduct proceeded, if not by the precept, at least from the
example of that " cream-fac'd loon" the honorable, but
not the RIGHT honorable, Henry Jadis.
Thus situated, on the 14th May, I addressed Mr. Secre-
tary Lushington, as follows :
EXCHEQUER-BILL OFFICE, May 14, 1824.
SIR, More than six months having elapsed since I had
the honour of replying to your letter of the 2/th of October,
1 trust I may now conclude, that my answer, corroborated
as it was by the testimonials which accompanied it and my
former letter, was so completely satisfactory to the Lords
Commissioners of His Majesty's Treasury, as to have in-
duced their Lordships to abandon all idea of removing me
from the situation of Paymaster of the Exchequer Bills an
appointment 1 have held during a period of thirteen years,
hitherto, as 1 hope, sans tdche et sans reproche. 1 therefore
feel confident, that, as their Lordships still deem me worthy
of their countenance, they will see, not only that their own
dignity, but also the good of the public service must be
compromised were I to remain under the imputation of one
who has made false representations to their Lordships; and
subjected, as 1 now am, to the taunts and insults of my
colleagues and of those over whom I am placed.
Mr. Jadis, I have not seen since the beginning of Novem-
ber ; but on that occasion, he behaved to me in the presence
of our clerks, in a manner so injustifiable and so unbe-
coming a gentleman, that his example has been followed
by several members of the office ; particularly by Mr. Pale-
thorpe and Mr. Waterfield,^V0r, both of whom have re-
peatedly given me rude and impertinent answers ; and the
latter, this day, told me iu the most contemptuous manner,
that " he would not obey me, unless I obtained the signa-
" ture of one of the other Paymasters, to the instructions
" 1 might give him."
4
26
Under these circumstances, I am driven to the necessity
of requesting the favour of you to solicit their Lordships'
permission, that you may be "authorized to transmit a letter
to my colleagues, acquainting them, that it is their Lord-
ships' pleasure to continue me in my appointment, and,
moreover, that it is their Lordships' command, that they,
and the other gentlemen under them, behave to me with
that proper decorum and respect which is due to one of
their Lordships' representatives at this Board.
Whatever domestic troubles may have befallen me of late,
they were immediately occasioned solely, " by a serious and
alarming accident," the distressing effects of which I still
suffer from ; and although, I must confess, they were ori-
ginally brought upon me by my own act, viz : an imprudent
marriage, yet I have the satisfaction of reflecting, that no
moral turpitude can attach to me on that score, whatever
may be thought of those persons who debauch the wives
of other men ; a crime which, it is a notorious fact, has been
committed both by Mr. Jadis and by Mr. Palethorpe.*
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., 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, <f Sirrah I" says he, " if it was not you,
it was your father and that's all one," seized the poor inno-
cent, helpless thing, tore it to pieces and made a meal of
it," so did the Earl of Liverpool and Lord Viscount Gode-
rich, finding it to no purpose to argue any longer with me
against TRUTH, fall into a violent passion, snarling, and
foaming at the mouth, as if they had been mad j drawing
nearer to me, " Sirrah 1" said their Lordships,
29
< As thou nrgest justice, be assur'd,
Thon shall have justice, more then thou desir'st."
Merchant of Venice.
and then robbed me of my freehold, of my character and of
my life,* as La Fontaine says,
" Sans autre forme de proces."!! !
This said, they seiz'd, without more form of law,
The ready prize to glut their empty maw.! ! !
After the treatment I had already experienced from my
official superiors, the reader, I have no doubt, will easily
believe me when I assure him that 1 was not in the least
surprised, but, perhaps will not so readily credit me, when
I assure him that I was not in the slightest degree dismayed
at the contents of this last letter of Mr. Secretary Lushing-
ton. Such, however, was the fact. I was conscious that
I had not committed any crime or offence whatever which
could possibly justify rny removal from office, either in a
Court of Law or of Equity ; therefore, my mind was per-
fectly at ease. I recollected that my revered benefactor
had said, in one of his addresses to his Constituents, at
Liverpool, on the 9th October, 1812, " There are but two
things desirable in any undertaking to be in the right>
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.
<l lt was certain that the language of Mr. Evans's letter was not
"to be justified it was strong, heated, and intemperate; but
"still, if he acted with zlondjide view, and intended to confine
"himself within the limits of that confidential disclosure
"which was j ustifiable, the warmth of his language was not what
" would deprive him of the consideration to which he was
"entitled. His Lordship then read over the evidence, and on
"the whole case left it to the Jury to say, whether the charges
"had been made with a view to inflict a malicious wrong upon
"the plaintiff, in which case they would estimate the amount
" of damages so as to give him a fair compensation, or whether
"they were honestly made in the course of a proper confidence,
"and if so their verdict would be for the defendant."
"The jury, after some deliberation, returned a verdict for
the plaintiff Damages 150/."
Now I maintain that it was the bounden duty of an
uprightand conscientious minister, if he did not think proper
to investigate the truth or falsehood of the charges which
had been preferred against me by Messrs. Jadis and Co. at
least to have afforded me the means of appealing to the laws
of my country ; and that having refused so to do is a distinct
act of injustice and oppression committed towards me, not
by the late Earl of Liverpool or his colleagues in office, but
by the Duke of Wellington. Such conduct, I say, is nothing
more nor less than introducing the vile principles of the
Spanish Inquisition into the British Constitution*.
Having been thus refused the means of proving conse-
quential or special damages, in my action against Mr. Jadis,
I was compelled to direct my solicitor to confine the decla-
ration, in that action, simply to the libel. In order, however,
to prove to the satisfaction of the jury, the extreme malici-
ousness of that document, it was necessary, if not to embody
in the declaration, at least, to produce on the trial the first
defamatory letter addressed to me by that individual, on the
3d of Sept. 1823, as given in page 8 of this pamphlet. I
therefore on the 25th of October addressed a letter to the
Hon. James Stewart, as follows :
* Had 1 preferred charges against Mr. Jadis which the Duke of Welling-
ton thought I was unable to have substantiated, I rather suspect that his Grace
would not have withheld those charges ; but have put me upon my proof, as
Lord Melville did Sir E.Codririgtou, when that officer made (nol indeed charges
but merely) observations prejudicial to the character of Captain Dickinson.
But with the Wellington Administration it is " shew me the man and I will
tell you the law!' 1
135
6, ADAM STREET, ADELPHI, October %5th, 1829.
SIR,
1 have the honor to acknowledge the receipt of your letter
of the 25th of August acquainting me that the Lords Com-
missioners of His Majesty's Treasury cannot furnish me with
copies of the documents to which I had alluded in my letter
of the 10th of the same month to Mr. Secretary Dawson.
As it is indispensably necessary that, while proceeding
with my action against Mr. Jadis,,! should have in my pos-
session the note written to me by that individual, and signed
by him and his colleague Mr. Nevinson, which note (marked
C) I transmitted to Mr. then Secretary Lushington, en-
closed in the letter I had the honour of addressing to that
gentleman on the 3rd of September, 1823, I 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 direct that that note may be
returned to me.
I have the honour to be, Sir,
With the greatest respect,
Your most obedient humble servant,
(Signed) W. C. SMYTH.
To the Hon. James Steivart.
On the 3d of November I was honoured with the follow-
ing reply from my old bosom-friend Mr. Secretary Dawson.
TREASURY CHAMBERS, November 3rd, 1829.
SIR,
In answer to your application for the return of a note
addressed to Mr. Lushington which accompanied your
memorial to this Board on the 3rd of September, 1823. I
am commanded by the Lords Commissioners of His Majesty's
Treasury, to acquaint you that no document of this descrip-
tion can be found amongst the records of this office.
I am, Sir,
Your obedient servant,
(Signed) GEO. R. DAWSON.
W. C. Smyth, Esq.
Gentle reader ! was there ever a more shuffling, shirk-
ing, and evasive composition issued from the pen of Tippoo
Sultaun, the Dey of Algiers, or ("our ancient ally") the
Grand Signior, at Constantinople !!!
I requested to have returned to me "the note written to
me by Mr. Jadis, and signed by him and his colleague Mr.
136
Nevinson, which note (marked C) I had transmitted to Mr.
then Secretary Lushington, enclosed in the letter I had the
honor of addressing to that gentleman on the 3d of Sept.
1823," and Mr. Dawson in answer acquaints me that no
such document as " a note addressed to Mr. Lushington^
which accompanied my memorial to the Board of Treasury
on the 3d of September, 1823 > 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
<jf November.
I have the honour to be, &c.
(Signed) W. C. SMYTH.
To G. R. Dawson, Esq, M.P.
On the 23rd, I was honored with the following commu-
nication from Mr. Secretary Stewart :
TREASURY CHAMBERS, February 23rd, 1830.
SIR,
In reply to your letter of the 1 Hh inst. I am commanded
by the Lords Commissioners of His Majesty's Treasury to
acquaint you that their Lordships decline any further corres-
pondence with you, on the subject of your removal from
office, my Lords having no further communication to make
to you on the subject.
I am, Sir,
Your obedient servant,
(Signed) J. STEWART.
To W. C. Smyth, ~
144
Here we have got the Alexander of the age in his fa-
vorite character of the Gordian knot-cutter ! " Je n'enjmis
plus" exclaims this " HOMME BORNK," as Bonaparte is
said, not unaptly, to have designated his Grace.
However, as the Duke of Wellington assured the Ca-
tholic Primate of Ireland that, " if we could bury the
question of Catholic Emancipation in oblivion for a short
time, and employ that time diligently in the consideration
of its difficulties on all sides (for they are very great) he
should not despair of seeing a satisfactory remedy j" so do
I hope, now that his Grace " has buried" the subject of my
restitution to office in oblivion for a short time, that he
will employ that time diligently in the consideration of its
difficulties on all sides (for they are not at all great), and
then (from his Grace's universal talents) I should not des-
pair of seeing a satisfactory remedy ! ! 1"*
Two days after the receipt of the foregoing, I addressed
my ultimatum to Mr. Secretary Dawson, as follows :
6, ADAM STREET, ADELPHJ, February 2bth, 1830.
SIR,
I have the honor to acknowledge the receipt of Mr.
Secretary Stewart's letter of the 23rd inst. acquainting me
that "the Lords Commissioners of His Majesty's Treasury
decline any further correspondence with me on the subject
of my removal from office." As, however, my present ap-
plication does not directly relate to that subject ; but is
merely a collateral question of a private nature, I trust that
their Lordships will, not only be pleased to authorise you to
reply to this letter, but also, condescend to grant the request
herein contained.
By the contents of the letter with which you honoured
me on the 3rd of last November, it appears that their Lord-
ships did not fully comprehend the description of note,
the return of which I had solicited in the letter I had the
honour of addressing to Mr. Secretary Stewart on the 25th
of the preceding month, I therefore beg leave to explain,
that the note which I therein requested might be returned
to me was a note, not addressed to Mr. Lushington but,
addressed to myself, and was as follows :
* Being desirous of affording his Grace every assistance in my power, I
beg to suggest a very easy and (I would fain hope, in the opinion of every
honorable, upright, and just man, who may read this statement) a most sa-
tisfactory remedy; to wit, let the appointment of Mr. Henry Jadis, as a
Paymaster of Exchequer-Bills be revoked and determined forthwith ; but,
145
" EXCHJQUKR, 3rd September, 1823.
" SiRj We are obliged to doubt, not only the asser-
" tion in your letter, of having received so severe a con-
" cussion of the brain, on the 16th of August, as to prevent
" your attention to business, but also the accompanying me-
(< dical report, as we have received positive information of
" your having been actively employed in public since that
" period, upon several occasions, independently of your ap-
" pearance before a judge at his chambers, on Thursday,
" the 28th ultimo."
We are, Sir, &c, &c, &c.
(Signed) " H. JADIS,
" EDW. H. NBVINSON.
To W. C. Smyth, Esq."
As 1 make no doubt that the before-cited note (together
with the other documents which accompanied it) has been
safely preserved amongst the records of the Treasury, I
have now to beg the favour of you to submit to the Lords
Commissioners of His Majesty's Treasury my humble re-
quest that their Lordships will be pleased to direct that
that note may be returned to me.
I have the honour to be,
With the greatest respect,
Your most obedient humble servant,
(Signed) W. C. SMYTH.
To G. R. Dawstm, Esq. M. P.
On the 10th of March, I was honored with a reply,
as follows:
" with a view of alleviating- the personal sufferings arising to him and his
" family, from this determination of their Lordships, let the Commissioners of
" Customs be authorised to employ him as a landing-waiter, my Lords relying
" that the example and superintendence of more experienced officers will have
" a due effect in controlling his future conduct, and in restraining him from
" proceedings similar to those which led his colleague (William Carmichael
" Smyth) to make such frequent complaints to their Board." (see pag'^ 45).
Let Mr. William Carmichael Smylh be permitted to resume his duties at
the Exchequer-Bill Office on the 1st of August next ensuing.
Should, however, the said Mr. Jadis be anxious of having an immediate,
full, and impartial investigation of his conduct, then, in God's name, let him
have it; but, at the same time, let him be apprized " that should their Lord-
" ships grant the investigation, and the result be unfavorable to him, he will, not
" only forfeit all claim upon the indulgent intentions their Lordships have beeu
" pleased to express towards him, (see pasjes 52 and 3), but also be removed
"from the 500 a year, laborious SINECURE, which he now enjoys at the
" Board of Controul." Such a remedy would, 1 maintain, be worthy of " a
private and political friend" of the immortal CANNING. !
19
146
TREASURY CHAMBERS, 10th March, 1830.
SIR,
In answer to your letter of the 25th ultimo requesting
the return of a note addressed to you by the Paymasters of
Exchequer Bills, which you state to have been deposited at
this office, I am commanded by the Lords Commissioners
of His Majesty's Treasury to acquaint you, that My Lords
have directed search to be made for the note to which you
allude, and it does not appear to be amongst the papers at
the Treasury.*
I am, Sir,
Your obedient servant,
(Signed) J. STEWART.
W. C. Smyth, Esq.
Having in the the early part of this pamphlet, assimi-
lated the treatment which I have experienced from my
official superiors to that which " the poor, innocent, helpless
lamb," in the fable, received from the rapacious and blood-
thirsty wolf, I shall now favor my readers with a perusal of
the application of that fable, verbatim from Dodsley's col-
lection ; prefacing the same with this simple observation,
that " those whom the cap fits may wear it." !
THE APPLICATION.
" The thing which is pointed at in this fable is so obvious, that it will be
" impertinent to multiply words about it. When a cruel ill-natured man has
" a mind to abuse one inferior to himself, either in power or courage, though
" he has not given the least occasion for it, how does he resemble the wolf,
" whose envious, rapacious temper could not bear to see innocence live quiet-
" ly in its neighbourhood. In short, whenever ill people are in power, iuno-
" cence, and integrity are sure to be persecuted; the more vicious the com .
" munity is, the better countenance they have for their own villainous mea-
" sures. To practise honesty, in bad times, is being liable to suspicion enough;
" but if any one should dare to prescribe il, it is ten to one but he would be
" impeached of high crimes and misdemeanours; fortostand up for JUSTICE,
*' in a degenerate and corrupt state, is tacitly to upbraid the government,
" and seldom fails of pulling down vengeance upon the head of him that
'* offers to stir in its defence. Where cruelty and malice are in combination
" with power, nothing is so easy as for them to find a pretence to tyrannise
" over innocence, and exercise all manner of injustice ! .' .'"
Here ended, what I think may be truly designated, the
farce which followed this Tragi-Comedy of Errors ; and
* It is just possible that, " upon a rf-RE-view of the several letters and
papers relating to my conduct," and " of all the circumstances which led to
my removal from the situation of Paymaster of Exchequer-Bills, and the con-
tinued distressing state of my health," this first BASE note of Messrs. Jadis
and Neviiison mny " appear to be amongst the papers at the Treasury !"
147
of arbitrary, unjust, inhuman, and illegal conduct towards
me aye, and this disgraceful drama, and this bare-faced
farce have been acted in England too a country long
famed alike, among the nations of Europe, for the freedom
of her Constitution, for the wisdom and the equality of her
Laws, and, for the honour, the integrity, and the JUSTICE
of her Rulers ! ! !
Having now concluded the narrative of the bare-faced
farce which has followed this Tragi-comedy of Errors ; and
of arbitrary, unjust, inhuman, and illegal conduct towards
me, I shall take the liberty of making a few comparative
observations upon the conduct of one of the principal actors
in the farce, and of one of the principal actors in the
drama.*
In a speech which the noble Duke of Wellington made
in the House of Lords on the second day of May 1827,
his Grace is reported to have asserted that " the Right
Honorable George Canning was a vacillating politician/'f
We all know that the ostensible motives which induced
the Duke of Wellington to desert the banners of the im-
mortal CANNING, was his Grace's decided disinclination to
grunt any relief to His Majesty's Roman Catholic subjects,
to whose cause Mr. Canning, the then Prime Minister,
had been the strenuous, eloquent, and consistent advocate,
from his first entrance upon public life.
We all know likewise that the Duke of Wellington,
being at that period out of the Ministry, opposed the very
corn-bill which had been agreed upon by the late Lord Li-
verpool's administration, of which his Grace was a Member.
When his Grace, by the most calamitous event with
which England was ever afflicted, came into power, we
all know that one of his first acts was to pass the corn-bill,
almost in the identical state in which it had been proposed
to the Legislature by Mr. Canning ; and that his second act
was his grand political manoeuvre of passing the Roman
Catholic Relief-Bill.
So much for the political consistency of the Duke of
Wellington !
* My readers will not mistake me. Of course, 1 do not mean here
to say, in " the arbitrary, unjust, inhuman, and illegal part of the drauia,"
but in the only portion thereof which was acted with proper sentiments of
liberality, justice, humanity, and law.
f His Grace'i words were, " the principles of the noble Earl (Liver-
pool) were principles by which any man might safely abide ; the principles
of the Right Honorable Gentleman (George Canning) fluctuate every day."
148
In pages 132 and 3 of this pamphlet, the reader has got
some specimen of the consistency of his Grace's conduct when
he is desirous of having JUSTICE administered to himself,
and when he is called upon to administer it to another.
Now let us see the consistency of the conduct of the
Right Honorable George Canning, when he was desirous
of having JUSTICE administered to himself or when he AVUS
called upon to administer it to another ; or, when the dic-
tates of liberality, humanity, and JUSTICE prompted that
benevolent man tiuice to use his utmost endeavours to
obtain it for another.
I find in page 467, vol. 3, of his speeches, as edited
by R. Therry, Esq. that Mr. Canning, when his own con-
duct was arraigned in the House of Commons, expressed his
hope, " that, in a case in which every thing that is dear to
" man, in character, in reputation, and in honor, is at stake,
11 they (the honorable members of that House) would have
" the fairness to give the accused an advantage which is
" not withholden from the meanest criminal, that of hear-
" ing the whole indictment to which he is to plead."
In page 14/ of the Memoirs of this Illustrious indivi-
dual, (by Leman T. Rede, Esq.) I find that that great and
good man, on the discussion in the House of Commons,
which preceded the trial of the late Lord Melville, is re-
ported to have said, that " the mode proposed by my Right
" Honorable friend is the true way to answer the purposes
" of JUSTICE, by instituting an inquiry, with all the cir-
(: cumstances of the case on both sides, which hitherto
" has not been done."
Again in page 149, " I believe the Right Honorable
" Gentleman cannot shew me any regulation of Parliament
" by which any individual has been condemned, without
" having had an opportunity of defending himself. And
" here the case is most singularly hard ; for it is the case
" of an individual knowing for the first time, from the report
" now said to be conclusive, the nature of the charge
" that is exhibited against him."
Again in page 150, " Lord Melville does not, I
" think, ask too much, when he begs this honorable House
" not to suffer itself, by prejudice within, or intimidation
" from clamour without, to take upon itself to decide,
" without full and competent information on the subject
" before them."
Again in page 148 of the same work, and on the same
occasion, " here the parties have not been heard, and all
u that is now asked is a, full hearing."
149
I am aware that the Duke of Wellington and his ad-
herents may here observe, " Aye, Mr. Smyth, these are very
" fine sentiments ; but then they were expressed when Mr.
* f Canning was desirous of defending his ' private and po-
" litical friend,' Lord Melville." " What !" I answer, when
the Right Honorable George Canning saw " the noble
" Lord," who had been a fellow-labourer with him in the
public cause, and the friend of his early years, t{ made
" the theme of violence and invective j when he saw that
" noble Lord, no longer a Minister, pulled down from the
" high eminence on which he stood, and prostrate at the
" feet of the House of Commons, no longer formidable
" from power or dangerous from influence ; when he saw
" him, after his political existence had ceased, after the
" crimes of his political nature (be they what they may)
" had been severely visited upon him ; when he saw him
" in that defenceless state, persecuted and hunted down,"
was it a proof of " a vacillating politician," that he should
give all his energies in support of his Lordship ? that the
friend of his early years should not be forgotten and de-
serted in the moment of adversity ? that he stood forward,
Atlas-like with the defence on his shoulders, to repel the
attacks of W T hitbread, Tierney, Grey, Fox, and Sheridan,
in an inquiry which was most assuredly conducted with a
severity and rancour that, except in the case of Hastings,
had no parallel ? If such be a proof of " a vacillating po-
litician ;" if these are among the qualities which determine
Mr. Canning's place in the first order of " vacillating po-
liticians ;" then I say,
" Mallem raehercule, cum istis errare, quam cum aliis rect sentire !"
When Mr. Canning, on the same occasion, was
called upon to inform the House, " whether he had dis-
" missed Mr. Trotter from the employment which he held
" under him in the Navy-Pay office ?" he is reported to
have answered the honorable member in the following
words : u I have told him I have done so. After the de-
IC cision of the House on Monday night, I could not have
" a moment's hesitation. Some gentlemen thought proper,
" on a former evening, to animadvert in terms of severity,
" on my having retained Mr. Trotter in office, after the
" accusations, relative to which the House have decided,
" had been published against him. But of my conduct,
150
" in that instance, I trust every candid man will approve.
" Mr. Trotter I considered on his trial ; and, whatever my
" own opinion might have been of the nature of the charge
" against him, and the degree of his guilt, it struck me
* e that it would be extremely unfair to prejudice the public
" mind against his case, by dismissing him under such
" circumstances. He stood in such a situation that I
" could not feel it consistent with public justice, to fix a
" seal of infamy upon the man, by .dismissing him while
" his trial was pending. But the moment the sense of
" this House was known, when I no longer could prejudice
" a man whose guilt, till declared by a competent tribunal
<( I should have felt it unfair to prejudge by any act of mine,
" I removed Mr. Trotter ; and my reasons for not remov-
" ing him before that sense was known, will, I have no
" doubt, be deemed satisfactory by every dispassionate
" mind. Nay, I have little doubt, that although a learned
" gentleman (Mr. Ponsonby) remarked with such severity
" on my conduct on a former evening, that honorable
ff gentleman himself will, upon a little reflection, if he
" possess the feelings of a British lawyer, be ready to con-
" fess that he was wrong, and that to have taken a different
" course from that which I have pursued^ would have been
" unfair, tyrannical, and oppressive."
Again^ in page 155 of the same work, when that noble
minded individual was called upon by certain members of
the House of Commons to dismiss a Mr. Wilson from his
office ; he refused to do so, and is reported to have said, " I
<f have not, I cannot have any personal partiality for Mr.
" Wilson, whom I know only as a clerk in my office ; but 1
" will mete out a different measure of JUSTICE to this or
f( any other man whom circumstances may place in my
" power, to what the Right Honorable Gentleman seems
" disposed to shew to Lord Melville."
When urged again to discharge Mr. Wilson (see page
159) he replied : tf 1 cannot reconcile it to my ideas of
" JUSTICE to dismiss one against whom no decision of this
" House has taken place. I am sensible that in following
" this course I subject myself to odium and abuse. J shall
" endure it. When this House declares its opinion fairly, I
" shall submit to it; till that period arrives, Wilson shall
" not, in the absence of any proof of his guilt, be dismissed
"" from his situation. I shall never, either by my voice or
<( by my conduct, patronise the tyrannical, despotic prhici-
" pie oj' punishment previous to conviction." ! I !
151]
Such were the noble sentiments ; and such was the li-
beral, humane, and just line of conduct pursued by the late
Right Honorable George Canning in the year 1806, " when
he was called upon to administer JUSTICB to another."
Now let us see what were the sentiments ; and what
was the line of conduct pursued by this u vacillating politi-
cian" when, in 1824 (nearly twenty years afterwards) the
dictates of liberality, humanity, and JUSTICE prompted that
benevolent man twice to use his utmost endeavours to
obtain JUSTICE for another.
An humble and obscure individual like myself, un-
connected with that liberal-minded Statesman, either pri-
vately or officially, " for whom he had not, he could not
have any personal partiality," to whom he was under no
obligation whatever, who had no earthly claim (save that
of commiseration) upon him, whose guilt had been pre-
judged by his official SUPERIOR, the First Lord of the Trea-
sury, dismissed from his appointment, traduced and ca-
lumniated for months previous, both by the public and pri-
vate press j I repeat, an humble and obscure iudividual like
myself, on the day of trouble, in the hour of adversity, un-
der this accumulation of difficulties and manifest disadvan-
tages, appealed to the humanity, and craved the protection
of the Right Honorable George Canning : and what was the
result ? that he instantly and cheerfully " stepped forward to
" raise the fallen, to sustain the oppressed, to interpose
" between the prostrate victim and the descending sword
" of the assassin !" and, adhering to the resolution he had
formed in 1806, he twice addressed his noble friend and col-
league, the late Lord Liverpool, saying, " My Lord, I shall
" never, either by my voice or by my conduct, patronise
" the tyrannical, dcsjwtie principle of punishment pre-
" rivns to conviction"! ! !
" Such was CANNING ! Fiends, away !
Ye, who brand the mighty dead !
Can ye vex the silent clay ?
Can ye grieve the soul that's fled ?"
* At the end of the appendix to this pamphlet, I hare reprinted a collec-
tion of Poems occasioned by the death of the Right Honorable George Can-
ning, originally selected from the various periodicals of the day, by Charles
Wilson Baker, Esq. of the Theatre Royal, Covent Garden; and published in
1827, by that gentleman under the title of " A NATION'S TEARS." To the
relations, friends, and admirers of that great and good man, no apology will
be necessary for this intrusion. And, to bis enemies, persecutors, aud
slanderers, they will constitute a bitter pill, which I shall have infinite satisfac-
tion in forcing them to gulp!
152
However, it is possible that the Duke of Wellington, in
the line of conduct which he has thought proper to adopt
in this transaction, may have been actuated by the fear lest,
had his Grace rendered JUSTICE to me, the public might
have accused him of an undue bias, an overstiained
partiality for the well-known protege* of his " private and
political friend," the Right Honorable George Canning.
If such were the motives which induced the Duke of Wel-
lington to assert that " my case had been fully considered,"
when his Grace knew well that I had not been permitted a
hearing ; if such were the motives which induced the Duke
of Wellington " to adhere to the decision of the Board of
Treasury, as communicated to me by the letter of Mr. 'Se-
cretary Dawson of the 9th of July 1828," when his Grace
knew well, that that decision was " unfair, tyrannical, andop-
pressive;" if such were the motives which induced the Duke
. of Wellington " to refuse to recommend any increase to
my pension," when his Grace knew well that the dictates
of humanity, magnanimity, and JUSTICE ought to have
prompted him to have done so ; if such were the motives
which induced the Duke of Wellington to treat with si-
lent contempt the request which 1 made to his Grace,
" that he would have the goodness to carry the late Lord
Liverpool's favorable intentions towards me into effect, and
confer upon me another appointment equivalent in respecta-
bility and in emolument to that from which 1 had been re-
moved," when his Grace knew well that I had an equitable,
just, and legal claim upon his patronage; if such were the
motives which induced the Duke of Wellington to inform
the Members of the House of Lords that " my petition
was unworthy of their attention that I had misconducted
myself in office that my complaints were unfounded that
my petition to that august 'assembly contained falsehoods,"
when his Grace knew well that the subject of my petition
demanded the most serious, and deliberate attention of
their Lordships that my conduct in office had been exem-
plary that "my griefs cry louder than advertisement" that
my petition to that august assembly (although it contained not
th'e whole truth) contained the truth, and nothing but the
truth; if such were the motives which induced the Duke of
Wellington to refuse to furnish me with the means of ob-
taining legal redress against Mr. Henry Jadis, the principal
individual by whom I have been so grossly insulted, libelled,
traduced, and calumniated " by his attributing to me motives
for my conduct both public and private which disgrace and
1
153
triminate me," -when his Grace knew well, that " Ao man
" has a rig/it, whether in public or in private, by speech
" or in writing, or in print, to insult another by attri-
' biding to Ititn motives for his conduct, public or private,
" which disgrace or criminate him ;' and, moreover, that
it was his bonnden duty, both as a man and as a Christian,
" to do unto others, as he would others should do unto him ;"
if such were the motives v/hich induced the Duke of Wel-
lington to refuse to return to me the first BASE note ad-
dressed to me by Messrs. Jadis and Nevinson aye, and
under a subterfuge too, that I had requested to have re-
turned to me a note which never had any existence, when
his Grace knew well, that there was not, and could not be,
any reasonable objection to his complying with my request;
if such were the motives which induced the Duke of Wel-
lington to assert " that there appear to be other circum-
stances, independent of the state of my health, which dis-
qualify me for the office of Paymaster of Exchequer-Bills,"
when his Grace knew well, that that charge was false aye,
"false as HELL;" if such were the motives which in-
duced the Duke of Wellington to refuse me " permission
to resume my duties as a Paymaster of Exchequer-Bills,"
on the reasonable conditions offered in my letter of the 9th
of last November, when his Grace knew well, that my re-
moval from that office (( was a mistake, can be a mistake,
and ought to be a mistake ;" if such were the motives
which induced the Duke of Wellington to refuse to grant
me " a copy of the Minute of the Board of Treasury,"
whereby I had been, in the most arbitrary, unjust, in-
human, and illegal manner, deprived of my " incorporeal
hereditament," when his Grace knew well, that the dic-
tates of humanity, magnanimity and common JUSTICE
pointed out to him the propriety of my being furnished
therewith; or, at all events, that if that "minute ought not
to have been produced, it ought not to be quoted, still
less to have been the guide of his Grace's conduct towards
me ; and finally, if such were the motives which induced
the Duke of Wellington peremptorily to slam the door of
JUSTICE in my face, when his Grace knew well, or, as
Prime Minister of England, ot;ght to have known well,
that " it is an invariable maxim of our law, that, JVo
man shall be punished until he has had an opportunity
of being heard ;" and further that, " it is never too
late to do JUSTICK ;" if such, J repeat, have been the
motives by which the Duke of Wellington has been
20
154
.
actuated in the line of conduct which he has thought
proper to adopt towards me in this transaction ; then, I say,
in the eloquent and manly language of him, whose " voice
of thunder" (thanks to his Grace'the Duke of Wellington,
and such his other " private and political friends'] can
now, alas ! no longer be heard in the British Senate,* that
" I cannot refuse to his Grace the praise of Spartan in-
" flexibility, of more than Roman virtue. But, while
" humbly and at a distance I admire the exertion of these
" high qualities in him, I pray to Almighty God to spare
" me the pain of being ever called upon to imitate his exam-
By the inscrutable will of Heaven, " good frequently
proceeds from evil." Hence the persecution, by men in
power, of temperate and moderate, but firm and resolute in-
dividuals, (however humble and obscure their station in life
may be) seldom fails of rendering an advantage to the pub-
lic. The history of our own country furnishes us with
numerous examples : " Whoever," says Sir William Black-
stone, " will attentively consider the English history,
" may observe, that the flagrant abuse of power, by
" the crown, or its ministers, has always been productive
(t of a struggle, which either discovers the exercise of that
" power to be contrary to law, or (if legal) restrains it
" for the future. This was the case in the present instance.
" The oppression of an obscure individual gave birth to the
"famous habeas corpus act, 31 Car. 11, c. 2, which is
fk frequently considered as another Magna Charta of this
" Kingdom."
Junius also reminds us that " had Mr. Hampden,
* * * * instead of hasarding his whole fortune in a law
suit with the crown, quietly paid the twenty shillings de-
manded of him, the Stuart family would probably have
continued upon the throne; and, at this moment, the im-
position of ship money would have been an acknowledged
prerogative of the crown."
Philo-Junius likewise observes that " although General
Warrants had been often issued, they had never been
regularly questioned or resisted until the case of Mr. Wilkes.
* ** I conceive it to be the office of the members of the House of Cotn-
4t inuus **** to watch over and control the ministers of the crown ;
" to speak the opinion of the people to speak it in a voice of thunder, if
'' their interests are neglected OK THEIR RIGHTS INVAUKD."! Speech of
the Kight Honorable George Canning, at Manchester, October 31st 1812.
155
He brought them to trial ; and the moment they were
tried, they were declared illegal."
The extraordinary doctrine laid down by the late Lord
Mansfield, in the prosecution of Woodfall (the publisher of
Junius) for a libel, was the cause of the legislature having
passed a Bill declaratory of the powers of Juries, and of
the duties of Judges upon trials of that nature.
Until the famous decision of the Court of King's Bench
(of which Sir John Holt was Lord Chief Justice) in the case
of Lord Banbury, the subject of the privilege of peerage
Was not ascertained, with due precision.
Had it not been for the capacity, integrity, and cou-
rage of that incomparable Judge, and the resolute perseve-
rance of Mr. Richard Lane, the Post-Master General would
now be considered as paramount to the law.*
But for the intrepidity of that great ornament of the
legal profession, whose character deserves to be held in the
highest veneration to the latest posterity, and the perse-
vering courage of one Ashby, a burgess of Aylesbury, re-
turning officers would now be considered as being entitled
to exercise " an irresponsible judgment," (so far as the
Courts of Law are concerned) as to whom they should, in
their wisdom, think proper to allow to vote for the return
of Members of Parliament. f
* In 1698, a remarkable cause was tried before his Lordship at Guild-
hall, wherein Richard Lane brought an action against Sir Robert Cotton and
Sir Thomas Frankland, as postmaster-general, for that a letter of the plaintiff's
being- delivered into the post office, to be sent by the post from London to
Worcester, by the negligence of the defendants in the execution of their
office, the said letter was opened in the post-office, and divers Exchequer-
Bills therein inclosed were taken away. In the course of the trial, some diffi-
cult points of law being started, the jury brought in a special verdict.
The case was several times argued at the bar; and three of the judges
were of opinion, that judgment ought to be given for the defendants ; but
Holt gave his opinion in favour of the plaintiff. He said, " It would be very
hard upon the subject, if the action, brought in this case, was not a good one;
for, as the crown had a revenue of 100, OOO/. per annum, for the management
of the post office, care ought to be taken that letters were safely conveyed,
and that the subjects should be secured in their properties." He offered many
other reasons to support his opinion ; but, the other judges having determined
otherwise, judgment was given for the defendants. However, a writ of error
was afterwards brought, and allowed, on the reason which had been ad-
vanced by Holt; so that the final determination of this affair was in favour of
the plaintiff." BRITISH PLUTARCH.
t " In the second year of the reign of Queen Anne, a very important
cause was agitated by the judges of what was then called " The Queen's
Bench," relative to the right of election for members of parliament; and on
this occasion, Holt greatly distinguished himself as a steady friend to the li-
berties of the subject. An action had been brought against the constables of
20*
150
Friends, Britons and Countrymen ! " this is not the
cause of faction, or of party, or of any individual, but the
common interest of every man in Britain." What is my
Aylesbury, at the suit of one Ashby, a burgess of that town, for refusing to
receive his vote in an election of a member of parliament, the constables being
the returning officers in that borough. This was tried at the assizes, and it
was found there, by the jury, that the constables-had denied Ashby a right, of
which he was undoubtedly in possession ; and they were cast in damages.
But a motion was made in the court of Queen's Bench, in arrest of judgment,
it being alleged that no action did lie, or had ever been brought on that ac-
count. When the case came to be argued, three of the judges, Powel, Powis,
and Gould, gave it as their opinion, that no hurt was done to the man, or
at least none but what was too inconsiderable to deserve the notice of the
law; that the judging of elections belonged to the House of Commons; that
as this action was the first of its kind, so if it was allowed, it would bring
on an infinity of suits, and involve all officers concerned in elections in great
difficulties..
Lord Chief Justice Holt differed totally from his brethren on this subject,
and expressed his surprise at some arguments which they had advanced.
He maintained, that the plaintiff Ashby had a right and privilege to give his
vote; and, if he was hindered in the enjoyment or exercise of that right, he
might legally bring an action against the disturber. " If the plaintiff (says
he), has a right, he must of necessity have a means to vindicate and main-
tain it, and a remedy, if he is injured in the exercise or enjoyment of it; and,
indeed, it is a vain thing to imagine a right without a remedy ; for want of
right and want of remedy are reciprocal It is no objection to say, that it
will occasion multiplicity of actions ; farifmenwi.il multiply injuries, ac-
tions must be multiplied too; for every man that is injured ought to have
his recompense. And if public officers will infringe men's rights, they ought
1o pay greater damages than other men, to deter and hinder other officers
from the like offences. To allow this action will make public officers more
careful to observe the constitutions of cities and boroughs, and not to be so
partial, as they commonly are, in all elections, which is indeed a great and
growing mischief and tends to the prejudice of the nation.^The right of
voting at the election of burgesses, is a thing of the highest importance, and
.so great a privilege, that it is a great injury to deprive the plaintiff of it.
A right that a man has to give his vote to the election of a person to represent
him in parliament, there to concur to the making of laws which are to bind
his liberty and property, is a most transcendent thing, and of an high nature,
and the law takes notice of it as such in divers statutes. The right of voting
is a right in the plaintiff by the common law, and consequently he shall main-
tain an action for the obstruction of it." He offered many other learned and
forcible arguments on the same side, and concluded, that the plaintiff ought
to have judgment ; but, the majority of the judges having given a different
opinion, judgment was given for the defendants.
On the 14th of January 1703, this judgment was reversed in the House
of Lords, and judgment given for the plaintiff, by fifty lords against sixteen.
Holt still maintained his opinion in the House of Peers, and observed, " that
whenever such a cause should come before him, he should direct the jury to
make the returning officer pay well for depriving an elector of his vote. It is
(said he), denying him his English right; and if this action is not allowed, a
man may for ever be deprived of it. It is a great privilege to chive such
persons as are to bind a.man's life and property by the laws they make."
BRITISH PLUTARCH.
157
case to-d;iy, may be yours to-morrow.* The same arbi-
trary, unjust, inhuman, and illegal fiat which deprived me
of my bread, of my health, and of my character ; and the
same arbitrary, unjust, inhuman, and illegal dictum which
has refused to render me JUSTICE, may deprive you of your
freehold, or of your liberty, or of your life.
" Prudence and self-preservation will oblige the most
moderate dispositions to make common cause with a man
whom they may see persecuted in a way which the real
spirit of the laws will, not justify."
" An injury offered to an individual is interesting to
society. On this principle, (says Junius) the people of
England made common cause with Mr. Wilkes." On this
principle, the people of England, Scotland, and Ireland
will, 1 feel confident, make common cause with me."
I now beg leave to submit to my readers two additional
medical certificates granted to me by my most excellent
friend, Dr. Anthony Todd Thomson, for the purpose of
being laid before the Judge of the Consistory Court of Lon-
don, at the periods of their respective dates. To these I
shall subjoin some extracts from the eighth edition of Mr.
Abernethy's work entitled, te Surgical Observations on
the Constitutional Origin and Treatment of Local Diseases ;
including Directions for the Treatment of Disorders of the
Digestive Organs." From a perusal of these certificates,
in conjunction with those already inserted in this pamphlet,
my readers will be able to form some idea of my past and
present bodily sufferings ; and, from a perusal of the extracts,
they will be able to judge how far the several certificates of
Dr. Thomson, of Mr. Anthony White, and of Mr. Tho-
mas Gaskell, which I transmitted to the Lords Commis-
sioners of His Majesty's Treasury, on the 3rd of September
and on the 28th of October 1823, were or were noi false, /f
* This observation is peculiarly applicable to every individual (from a
Commissioner for Auditing 1 Public Accounts, down to a Messenger in the
Hackney Coach Office) who may have been appointed to his situation by
virtue of the authority of an Act of Parliament ; or, who may consider that he
holds his appointment " during 1 good behaviour," (Quamdiu se Lene gessc.
rit) or, as the Scotch Law designates the tenure, (Aut rittim, out cvl-
pam.)
+ The reader will be pleased to recollect, that the charge of having
transmitted false certificates to their Lordships, as to the state of my health,
is the only one which has been prel'erred against me, in a tangible shape;
and this charge (although completely refuted by me, and wholly abandoned
by my former official superiors) was renewed, in the most wanton and ago-
ni/.ing manner, in the House of Commons, by Mr. George R. Dawsoii ! " Mr.
158
91, SLOANK STREET, April 30th, 1825.
These are to certify that William Carmichael Smyth,
Esq. is at present under my medical care, for the cure of a
fever connected with an affection of the head, which ori-
ginated in a concussion, in consequence of being thrown
from a horse in the month of August, 1823, and which has
since that period rendered him liable to inflammation of the
membrane of the brain on taking slight cold, or on being
subjected to any great mental excitation. He is, at pre-
sent, incapable of transacting any business ; and could not
attend in the Consistory Court, without incurring consider-
able risk.
(Signed) \NTHONY TODD THOMSON, M.D.
3, HINDE STREET, February 13, 1829.
These are to certify, that W. C. Smyth, Esq. in Au-
gust, 1823, received a concussion of the brain, in conse-
quence of a fall from his horse. That he is still suffering
from the effects of that accident ; and I am of opinion,
that it would be extremely prejudicial to his health, to
attend, at present, to any business requiring much appli-
cation, or which is likely to produce any great excitement
in his mind.
(Signed) ANTHONY TODD THOMSON, M. D.
Member of the Royal College of Physicians of London.
" Whenever circumstances will permit, I recommend
" patients to take as much exercise as they can, short of
" producing fatigue ; to live much in the open air ;
" and, if possible, not to suffer their minds to be agitated
"by anxiety or fatigued by exertion." Page 101.
" When the disorders which have been the subject of
" this paper, have been long continued, they do not admit
" of a speedy cure ; hence attention to diet, air, exercise
" and mental tranquillity, are more decidedly beneficial
" than medicines." Page 104.
" The most judicious treatment will not remedy the
" disease if the existing cause continue to operate ; such
if as improprieties of diet, agitation of mind, sedentary ha-
" bits, or impure air." Page 96.
" Smyth was so negligent of his duties, that he remained away from his office
" six weeks at a time ; when called upon to state why he had absented himself
" he gave & false reason." '.!! See page 122 of this pamphlet.
159
" 1 shall next speak of those cases in which local
" disorders of the head, produced by blows, are kept up and
" aggravated by affections of the digestive organs. After
" what has been observed respecting the reciprocal influence
" of the diseases of the brain, and of the chylopoietic visce-
" ra, it will readily be admitted, that an injury of the former
" may disturb the functions of the latter. Thus, concussion
" of the brain occasions vomiting as one of its immediate
" consequences, and will also be found to produce almost
" constantly, at a more remote period, that disturbance of
" the digestive organs which I have described in this paper.
" Jf the disturbance be only moderate in degree, but con-
" tinued, it will often re-act upon the head, so as to occa-
" sion an irritable state of the injured parts, and impede
" their recovery.
" In many cases of blows upon the head, a slow in-
" flammatory affection continues in the parts chiefly injured,
" and ultimately produces distructive diseases. The bone
" sometimes becomes diseased, or an exostosis grows from
" its internal table, the dura mater becomes thickened, or
" matter slowly collects on the surface. Such local dis-
" orders produce others of a more general nature, and
" destroy the patient." Page 133.
That this the history of my sufferings, and persecutions
will excite the sympathy of every individual, deserving the
name of a human being, who may read the preceding
pages, I do not entertain a doubt. " But," says the im-
" mortal Canning, " they who have suffered great privations
" have a claim not merely to consolation, but to something
" more. They are justly to be compensated for what they
" have undergone, or lost, or hazarded, by the conteiu-
" plation of what they have gained."
" Et genus, et virtus, nisi cum re, vilior alga est."
Birth and virtue, unless attended with substance, is viler trash than sea-weed.
Ruined in fortune, broken in constitution, and de-
prived of character, I have no longer the means of resis
tance : or the power of bearing up against the overwhelming
torrent of inhumanity and injustice, which has been, during
the long- protracted period of nearly seven years, rolling
down upon me, with incessant violence, from the foun-
tain-head of tyranny and oppression. I have therefore now
no resource left, but either to appeal (through the medium
of the press) to the generosity, the humanity, and the
JUSTICE of a British King, ;uid a British Public; or to
160
succumb, and (making an ignominious surrender to my
implacable enemies), to kiss the rod of iron held out by
the insulting hand of arbitrary power.
I have chose the former ; and feel confident, that the
voice of my countrymen will approve of that choice.
I now publicly and gratefully acknowledge the receipt
of the following liberal donations, wMch have been made
to me, (in the most handsome and delicate manner) since
my removal from office.
The Right Hon. Stephen Rumbold Lushington, then,
Secretary to the Treasury, now, Governor of
Madras , ' 200
Charles Carmichael Smyth, Captain Bengal Cavalry. 200
David Carmichael Smyth, Bengal Civil Service. . . . 200
Subscriptions, from those individuals who may be de-
sirous of contributing to assist in extricating me from the
labyrinth of difficulties, in which I have been so long, so
cruelly, so unjustly, and am still so deeply involved, will
be received by Messrs. Drummonds, 49, Charing Cross,
London ; by Sir W. Forbes and Co. Parliament Square,
Edinburgh ; by Messrs.
Liverpool and by Messrs.
Dublin ; and gratefully acknowledged by me,
WILLIAM CARMICHAKL SMYIII
1
6, Adam Street, Adelphi.
April 23, 1830.
APPENDIX.
The Correspondence between Mr. Nevinson and myself
referred to in the second page of this pamphlet.
GRAY'S INN, April 3, 1815.
MY DEAR SIR, As it is my desire to accommodate you, as
far as lays in my power, I will relinquish to you one of my
months of vacation this year, provided you accept of it as an
accommodation, and not as a right.
Your's faithfully,
(Signed) W. C. SMYTH
To E. H. Nevinson, Esq.
SAVILK Row, Aprils.
DEAR SIR, Nothing could give me greater pleasure
than to accommodate matters amicably ; but the proposal
contained in the letter I have just received from you, would
only be a temporary remedy ; as, in the event of niy wishing
at any future season to be absent during what you are pleased
to call your months, we should only have a renewal of the
same unpleasant discussions. What I object to, is the un-
heard of principle you have declared, of always retaining
those months as yours, so contrary to what was expected by
myself, or even by Mr. Jadis ; and which 1 conceive you,
as Junior at the Board, cannot with any propriety demand.
Mutual accommodation, 1 conceive, should be practised
among colleagues situated as we are ; but this principle you
completely set at defiance by the declaration repeated in
your letter. I can only, therefore, appeal to our superiors
2 APPENDIX.
to ascertain whether I must submit, though Senior at the
Board, to accept such vacation as you may think proper to
allow me.
I remain,
Your's faithfully,
(Signed) EDW. H. NEVINSON.
P. S. I shall defer my representation to the Treasury, till
I hear from you again, in the hope that you will think better
on the subject.
To W. C. Smyth, Esq.
ExCHKQUER-BiLL OFFICE, April 5, 1815.
MY DEAR SIR, Mr. Jadis said most distinctly, in your
presence, last year that " He did conceive the arrangement
we made of our months of vacation, in the autumn of 1811, a
permanent arrangement, and that he did not think that one
of us was at liberty to make any alteration, but by mutual
consent ;" and in support of that opinion, he was as unwilling
to cede to you any of his vacation months as I was ; and he
himself, although he frequently has had changes with me, has
never demanded them as a right, but requested them as a
favor. Upon the same ground, am I now willing to accom-
modate you. If you do not choose to accept of an accom-
modation, as I now offer it to you, but will appeal to the
Lords of the Treasury, all I have to request is, that you will
furnish me with an accurate copy of the letter you give in, and
on the day on which it is given in ; in order that I may be
enabled to answer it.
Your's faithfully,
(Signed) W. C. SMYTH.
P. S. I find it upon record, that it has been usual for
the Paymasters to fix their months of vacation ; and not for
the two Juniors to accept every year of such months as the
Senior thought proper to allot them ; as you are wishing to
establish a right to do.
To Edivard H. Nevinson, Esq.
GRAY'S JNN, April 18, 1815.
MY DEAR SIR, In consequence of your request to me,
to change one of our months of vacation for this year, I am
now about to make my arrangements accordingly ; therefore,
in order to prevent any misunderstanding, or disappointment
to either of us, I will esteem it a favour of you to let me
APPENDIX.
know, by return of post, whether you have finally made up
your mind to accept of the change upon the conditions I
mentioned to you in my note of the third instant.
Your's faithfully,
(Signed) W. C. SMYTH.
To Edward H. Nevinsan, Esq.
April 18, 1815.
DEAR SIR, I hoped to have avoided all further unpleasant
discussion ; and that we had last week settled that you would
take the two following months; but, as I stated this morning,!
cannot consent to acknowledge as permanent the arrangement
you wish to establish ; no agreement of that kind having been
made at your first coming into the office.
Your's truly,
(Signed) EDW. H. NKVINSON.
To W. C. Smyth, Esq.
GRAY'S INN, April 2O, 1815.
DEAR SIR, You mistake the case widely. I do not wish
to establish any new arrangement, but only to adhere to the
one already established by mutual consent, in the autumn of
1811, and which we have acted upon ever since ; now three
years and a half. This, however, does not prevent us from
making any temporary arrangement to accommodate each
other ; and that 1 am still willing to do this year with you,
provided I hear from you before we meet on Monday, that
you accept of the change as an accommodation, and do not
exact it as a right. In order to prevent any unpleasant
discussion, I request the favor of you not to agitate the
question any more, viva voce, as I shall decline conversing
on that subject, although always happy to discuss any other
subject, whatever, with you.
Your's truly,
(Signed) W. C. SMYTH.
To Edward H. Xevinson, Esq.
April 22, 1815.
DEAR SIR, In order to put a stop to this very unpleasant
correspondence, I accept the change upon ttye plan proposed
by you, viz. of occasional changes for mutual accommodation.
I have only to add, that Mr.' Judi*, whonOh^vc just seep,
4 APPENDIX.
has no recollection whatever of the declaration imputed to
him, by you, in your letter of the 5th instant.
I remain,
Your's truly,
(Signed) EDW. H. NEVINSON.
To W. C. Smyth, Esq.
GRAY'S INN, April 23, 1815.
DEAR SIR, I congratulate you, and am no less gratified my-
self, at the amicable termination of our little difference ; and
I am sure, when you reflect coolly on the subject, you must be
convinced, that I had justice completely on my side. As this
is the first time we have had any difference of opinion, so do
I hope, and indeed feel confident, that it will be the last ;
and I beg you will believe me to remain, truly and faithfully
Your's,
(Signed) W. C. SMYTH.
1o Edward H. Nevinson, Esq.
April 24, 1815.
DEAR SIR, I had flattered myself our correspondence was
concluded ; but you assume an air of triumph in your last
which I cannot possibly pass over in silence. To put an
end to the dispute, I certainly accede to the proposal made
in your former letter of " occasional mutual accommoda-
tion" which, I have to observe, you refused to acknowledge
last summer ; but I beg to acquaint you, that I never will
admit, either that you had " justice on your side," or that
your statement of the question was correct ; and I am sup-
ported in this by what I have already stated, viz. that our
colleague does not acknowledge the declaration you imputed to
him. I am ready, however, to give you ample credit for
pertinacious adherence to your point.
In the hope this disagreeable correspondence may not be
renewed, I remain,
Your's, &c.,
(Signed) EDW. H. NEVINSON.
To W. C. Smyth, Esq.
GRAY'S INN, April 25, 1815.
DEAR SIR, -/also had flattered myself, that our corres-
pondence was concluded, and am not sensible of having as-
sumed any "air of triumph" in my last. The sentence,
APPENDIX. 5
which seems to have given you offence, was founded on a
conviction in my own mind, that I had " justice on my
side," and that from a knowledge of the liberality of your
mind, when you reflected coolly on the subject, you also
would be convinced of it. 1 refused to make any change
last year, because it was inconvenient ; but more particu-
larly, because you demanded it as a right, which I did not
then, nor do I now allow that you possess. I am at a loss
to discover how my statement of the case is otherwise than
correct, as you must admit, that both you and Mr. Jadis
chose your months of vacation before me ; consequently, that
I had no choice, but took what you left me. You must admit
also, that we have acted according to that arrangement ever
since it was made, now three years and a half ; and whether
or not, Mr. Jadis remembers having used the words I stated
he had, is immaterial, for you know well, that he acted ac-
cording to their spirit, in as much as, it being inconvenient
to him last year, he declined making any alteration. His
not having any recollection of the sentiments he delivered
on the occasion, is easily accounted for ; as, from your re-
linquishing all further demands on him, when you found
them in vain, it ceased to be a subject of any interest to him j
but not so with me, whom you did not so easily quit ; but,
in my humble opinion, it is you, who have shown on this sub-
ject, with respect to me at least, the very pertinacity you
profess yourself so ready to give me ample credit for.
I remain,
Your's faithfully,
(Signed) W. C. SMYTH.
To Edward H. Nevinson, Esq.
APPENDIX.
The L/etters* from Mr. Jadis to myself, referred to in page 4
of this Pamphlet.
EXCHEQUER, Monday.
DEAR SMYTH, You come into attendance the first of
February. Should it be convenient to you, I will attend the
whole of February for you, if you will attend either April or
May for me. In this case you must attend every day ; but,
as there are six holidays in both those months, it will not be
very irksome.
In haste,
Always truly your's,
(Signed) H. JADIS.
P. S. Should this not find you at home, will you send me
a line to Bensham house, Croydon ?
Friday.
DEAR SMYTH, I can appear at the Exchequer on Mon-
day next, and return you thanks for your attending the three
days for me. I will attend Monday, Tuesday, Wednesday,
and Thursday next, and Saturday, when I shall remain one
day in your debt.
In haste,
Ever your's,
(Signed) H. JADIS.
DEAR SMYTH, I shah 1 attend on Saturday next week,
and will attend four days next week : Monday, Tuesday,
Thursday, and Friday, which will redeem the time, you was
so good as to work for me. Wednesday is a holiday, so you
will have the week to yourself, except Saturday.
Ever your's,
(Signed) H. JADIS.
P. S. If this will suit, don't trouble yourself to write.
* As the writer of these Elegant EPISTLES was generally in too
great a haste to date his communications, I have not been able to adhere to
their strict chronological order.
APPENDIX. 7
Friday.
DEAR SMYTH, I am obliged to be at the Court of Arches
on Monday, and will therefore attend Tuesday instead. The
1st and 2d of November are holidays. I will attend the 3d ;
the 4th is a holiday ; Monday the 6th is also one. I will be at
the office on Wednesday 8th and Friday loth.
I had a tough job on the 25th, and a dirty one ;* I can-
celled nearly 3,000,000 of Bills, the greater part small ones.
Ever your's,
(Signed) H. JADIS.
INDIA BOARD.
MY DEAR SMYTH, / shall feel particularly obliged to
you, if you will attend at the Exchequer on Saturday and
Monday next. I had made arrangements with Nevinson to
be absent on those days upon most particular business ; but
he wrote to me this morning to say, he could not attend, a
most dreadful accident having taken place in his family;
namely, his brother's wife being run over and killed upon
the spot, yesterday evening. Will you send a line to Water-
field, at the Exchequer, to say if you will attend, as he will
be in the way, should I not be there ?
I write in haste,
Always truly your's
(Signed) H. JADIS.
EXCHEQUER, Saturday.
DEAR SMYTH, Will it suit you to attend Monday the 3rd
Tuesday the 4th, and Saturday the 8th of May ? and I will
be here the Wednesday, Thursday, and Friday in that week.
Do not trouble yourself to send an answer, if this arrange-
ment will do.
Ever your's,
(Signed) H. JADIS.
P. S. I have written thus early, as I believe I am going
from town. Next Monday Nevinson attends ; and you the
remainder of the week, except Saturday, which is a holiday.
Memorandum.
To attend for Jadis Thursday the 28th, the last day for
taking in the Bills.
On reference to page 13 of this pamphlet, the reader will perceive that
this was not the first DIRTY JOB in which Mr. Jadis has been engaged ! ! !
8 APPENDIX.
Friday.
I should wish to attend Tuesday, Wednesday, and Thurs-
day of the following week. In haste.
Ever your's,
(Signed) H. JADIS.
Friday.
DEAR SMYTH, Nevinson wishes to be absent on the 10th.
I am obliged to go to the North on Monday, and I cannot
return till the end of the following week. Can you continue
to attend during that time ? I write in haste.
Ever your's,
(Signed) H. JADIS.
22d March.
DEAR SMYTH, I should much wish, when I come into
attendance, to attend Mondays, Wednesdays, and Fridays.
I will therefore attend the first of those open days after the
21st.
Ever your's,
(Signed) H. JADIS.
EXCHEQUER, Thursday.
DEAR SMYTH, I have very urgent business to attend to
next week, and will, if it makes no material difference to
you, attend to-morrow, Saturday, Monday and Tuesday;
if you will be here Wednesday," Thursday and Saturday,
(Friday being a holiday) . You need not send an answer
should this suit your convenience.
Your's truly,
(Signed) H. JADIS.
EXCHEQUER, Friday.
MY DEAR SMYTH, I have received a notice to attend at
Durham with Sir John Paul, on Saturday the 1 1th, upon
a business of great importance to our trust. I shall be ab-
sent a few days only, and will feel myself much obliged
by your attending for me the intermediate days of the week
following; the llth, one of your own days in that week,
being a holiday. I applied to Nevinson, and he refused.
I should leave town next Friday morning, and I will attend
next Monday, Tuesday, Wednesday and Thursday ; so that
you. will miss a day in the next week, and I will certainly
'be at my post on Monday the 20th. It is possible, after
all, I may not go, in the event of my deposition being taken
in this town instead of the Durham courts ; but this I will
APPKNDIX.
let you know on Monday. It puts me to the greatest in-
convenience the going to the North at this time, inasmuch
as I may almost say, I am in the act of packing up and
leaving my residence in Surry, having taken a house in
town. After ah 1 , this is not the most civil note in the world,
as I ought to have commenced by wishing you joy of your
marriage, which I do very sincerely. I did not know it
till I saw it in my paper last Sunday.
Believe me,
Very truly your's,
(Signed) H. JADIS.
Monday.
My DEAR SMYTH, I shall feel particularly obliged by
your attending next Thursday and Friday. This will leave
me the alternate days of a week in your debt, and I will
attend this month out and from the 1st to the 7th of
August inclusive, which will give you a week more holidays ;
or I will even attend longer at that time, if it is any con-
venience to you, as I do not leave this part of the world
till September.
There never were such floods known in the memory of
man as there were on Saturday week in the North. When
I arrived at Ferrybridge, the whole vale of the Aire and
Calder was under water, and the hills covered with snow.
People going to York were detained two days at Bo rob ridge
by the overflowing of the Oose. It has done great injury
to the corn, as it was extremely cold at the same time. I
do not know if you are a genealogist, but there is a fac-
simile of a most beautiful manuscript of Sir David Lindsay
coming out at Edinburgh with the figures and arms of the
Scots Peerage ; it was discovered in the Advocates' Library.
Lyndsay was Lyon King-at-arms. I see the name of Car-
michael and Hyndford. I have subscribed to the work, and,
if you would wish to do the same, you must write to Mr.
Laing, No. 19, South Bridge Street, Edinburgh. I have
seen one of the sheets which is most beautiful, the arms
being emblazoned.
Ever your's,
(Signed) H. JADI?.
EXCHEQUER, Ttiesday.
DEAR SMYTH, As I wish very much to be absent next
month, 1 will, if you please, attend the remainder of this for
you ; and will arrange it with Nevinson, so you need give
yourself no further trouble in point of attendance till you
hear from me again. I am glad to hear you are in a state
1O APPENDIX.
of convalescence, and hope, when we meet, you will be quite
recovered. I remain,
Dear Smyth,
Post mark, Truly your's,
Nov. 21st, 1813 or 15. (Signed) H. JADIS.
BENSHAM HOUSE, Thursday.
DKAR SMYTH, If it suits you, I will attend next Tues-
day, Thursday and Saturday.
I have not been out of the house since the 16th of Fe-
bruary but twice, and then only a few yards from the door.
I shall get you to take my duty for me a little later ; as,
after the business of my ward's peerage is settled in the
House of Lords, I shall be obliged to go to the North for a
fortnight.
Very truly your's,
(Signed) H. JADIS.
BENSHAM HOUSE, CROYDOX.
MY DEAR SMYTH, Having been prevented from going
into Sussex till this morning, it is possible I may not return
till Friday ; and will, therefore, thank you to attend on that
day. Should I get to London on Thursday, I will send a
message to your lodging on that evening.
Post mark. Ever your's,
Oct. 18th, 1819. (Signed) H. JADIS.
Wednesday.
MY DEAR SMYTH, / must, at last, be under an obliga-
tion to yon, as I find I am obliged to go to the North on
Friday morning after all. Will you therefore attend on
that morning and my days in the ensuing week ?
I must be in town again on Friday evening. It will be
only getting up an hour earlier on the Monday, Wednesday
and Friday, which perhaps, as a fortnight has elapsed, may
be just as convenient.
Ever your's,
(Signed) H. JADIS.
Monday.
MY DEAR SMYTH, I have got off my northern trip so we
will go on as usual. / thank you the same, as if you had
attended. I shall be here on Wednesday and Friday.
In haste, ever your's,
(Signed) H. JADIS.
INDIA BOARD, Friday.
MY DEAR SMYTH, I wrote to you a letter to-day, to re-
APPENDIX. 11
quest your attendance for me on Thursday next, which I have
now recollected is not the day on which I was engaged ;
but if you will attend for me the next day, Friday the 16th,
/ shall be most partidihirly obliged to you. I am quite
ashamed to make you pay so much money for my scrawls.*
Your's truly,
Post mark, (Signed) H. JADIS.
January 9th, 1818.
Monday.
MY DKAU SMYTH, / shall be much obliged by your at-
tending here on Wednesday next, and I will repay you at
any other time. I will be here on Saturday as you direct.
I write in haste,
Ever your's,
(Signed) H. JADIS.
P. S. Leave your direction in the box.
Friday , 11 o'clock.
DEAR SMYTH, I was from this place when your note
arrived. 1 have most urgent business (LAW) to-morrow.
/ shall be much obliged by your attendance.
In haste,
Ever your's,
(Signed) H. JADIS.
DEAR SMYTH, I will attend to-morrow, perhaps you
would look in before one and settle our days. Mondays,
Wednesdays and Fridays would suit me best ; therefore, if
we do not meet, 1 shall take those days.
Ever your's,
(Signed) H. JADIS.
Thursday morning
MY DEAR SMYTH, Will you attend to-morrow, as I have
some very pressing business to attend to ? I will be here on
Saturday. In great haste,
Always truly your's,
(Signed) H. JADIS.
P.S. Send a verbal answer.
Tuesday.
MY DEAR SMYTH, Will you attend for me on Saturday
also. I will take care and make it up for with interest.
I cannot get to town till Saturday night.
In great haste,
'
Modest youth !
B 2
12 APPENDIX.
BIRCH ANGHR, BISHOP STORTFORD,
Thursday night.
MY DEAR SMYTH, My wife was so exceedingly unwell
I could not leave her; this evening the turn seems to be
in her favor ; the fever has nearly left and she has borne being
moved from her bed to a couch. I shall certainly attend on
Monday at the Exchequer ; therefore you need not be there.
I intend being in town on Sunday. / am sure the necessity
of the case will, with you, plead my excuse for throwing
so much of the attendance upon your shoulders.
Believe me,
Always sincerely your's,
(Signed) H. JADIS.
Post mark,
October 6th, 1813 or 15.
EXCHEQUER, January 9,6th.
DEAR SMYTH, My holidays are in February and March.
If you wish it, I will work for you two or three weeks from
the 1st of February, or a little later, to be repaid in May,
or at all events, after March. 1 mention this, as I shall be
obliged to go to the North about that time, whether I will
or no, to attend some legal proceedings. I write in haste ;
send me a line to Bensham House, Croydon.
Ever your's,
(Signed) H. JADIS.
P.S. Your pupil has got into College.
EXCHEQUER, Wednesday morning.
DEAR SMYTH, I am obliged to leave town for the North
early to-morrow morning. 1 have requested Nevinson to at-
tend for me, but as there is a heavy payment, he wishes for
your assistance ; will you therefore have the goodness to
attend on the 19th and 24th, the last day of taking in and
the day of delivery ?
I find you have the son of a friend of mine under Oriental
instruction. It will be a great help to him when he goes to
Hertford.
Always truly your's,
(Signed) H. JADIS.
Thursday.
DEAR SMYTH, My holidays having nearly expired, if it
makes no difference to you, I should like to attend the
Mondays, Wednesdays and Fridays, and will therefore mount
guard Monday next.
Very truly your's,
(Signed) H. JADIS,
APPENDIX. 13
EXCHEQUER, Saturday.
DEAR SMYTH, If you have no objection, I will take the
Mondays, Wednesdays and Fridays, as my days of atten-
dance, and will be at my post accordingly on the next
Monday.
In haste,
Ever your's,
(Signed) H. JADIS.
STREATHAM CASTLE, BARNARD CASTLE,
Tuesday.
MY DEAR SMYTH, / have so much business upon my
hands that I may be detained here a short time longer than
I expected. Should I not be able to reach town by the
1st of October, will you have the goodness to take my duty
for a few days, and I will thankfully repay you when 1
return. I must put you to the expense of the postage.
I write in haste to save the post.
Always sincerely your's,
(Signed) H. JADIS.
Thursday.
MY DEAR SMYTH, I forgot what we settled about to-
morrow; but / much ivish you tvould attend, as I must be
with these CURSED LAWYERS often, and stay in town for that
purpose. I will be here on Monday, and either see you or
write on that day. If you have any curiosity to see a most
beautiful girl enact the part of Jane Shore, go to Drury
Lane 011 Tuesday next. It is her first appearance ; / know
her \vhole history and herself, and they have the highest
expectations of her. I cannot go myself and should like to
have an impartial report .'*
Ever your's,
(Signed) H. JADIS.
And / should like to have an impartial investigation II!
14
TRIBUNAL DE PREMIERE INSTANCE.
Sitting of the 10th inst.
ROBERTS AND I.AUGEOIS Versus BOYTON, MORGAN, WILSON, CHERMSIDE
AND .
This action, in which the English and French physicians and apothecaries
of the capital were deeply interested, attracted a great number of auditors,
including many gentlemen of the faculty of both nations.
M. LATERRADE, Counsel for the plaintiffs, iu opening the case, spoke to
the following effect : The English have not only disorders peculiar to them-
selves, but they have medicines suited to them, and the preparation of them
d liters from the French. Mr. Roberts, an English surgeon, conceiving, from
the great number of his countrymen resident at Paris, that an English phar-
macy in the French capital could not fail to succeed, applied to the British
Ambassador, and having obtained an appointment as surgeon and apothecary
to the Embassy, opened at 23, Place Veudome, an establishment for dispensing
medicines. The arms of England were placed over the door, the title of London
Dispensary was given to the establishment, and numerous hand-bills and
advertisements were published, announcing that English medicines, prepared
with English weights, were to be had of Mr. Roberts. Some time after he
entered into partnership with M. Laugeois, a Frenchman. Their establish-
ment was prosperous, and the Embassy consumed a considerable quantity of
medicines &c. when M. Beral, a French apothecary residing in the Rue de la
Paix, who frequently bought drugs of Mr. Roberts, placed upon his door the
title of London Dispensary. From this moment the sale of Roberts and Co.
to the Embassy diminished. The plaintiffs inquired into the cause, and found
that the physicians of the Embassy had for some time been in the habit of
recommending M. Beral's pharmacy instead of theirs, and even upon occasion
going themselves for the medicines which they prescribed. The conclusion
which they drew from this proceeding was, that the physicians had a personal
interest in euch recommendation. The animosity of the English physicians
did not confine itself to depriving the plaintiffs of their sale of medicines, &c.
to the Embassy: on the 9th of June, 1827, a letter, signed by thirteen phy-
sicians, was addressed to his Excellency the British Ambassador, in which
Mr. Roberts was styled a retail druggist, and was charged with having ca-
lumniated the physicians, by representing that they received a per-centage
upon the medicines which were furnished to their recommendation. (Here
the Learned Counsel read the letter.) This denunciation being credited by
Lord Grauville, led to the appointment of the plaintiffs being withdrawn, and,
in consequence, they were compelled to take down the arms of England,
which did them great injury, not only at Paris but at Boulogne, where they
had a second London Dispensary, inferences being necessarily drawn against
their capacity or their integrity. It was in vain that they sought an audience
of the Ambassador in the presence of those accusers, the only reply given,
referring them to their accusers Their justification being thus impossible,
Messrs. Roberts and Laugeois resolved to bring an action. The majority of
those who signed the letter having been led away by the suggestions of the
others, the plaintiffs separated the tares from the wheat ; and the action was
brought against only five, namely, Messrs. Boyton, Morgan, Wilson, Cherm-
side and , and the damages laid at 20,000 francs. The defen-
dants, at a former sitting, had put in a plea of the incompetency of the Tri-
bunal, as the parties were foreigners, but this objection was overruled, on the
ground of Mr. Roberts' partner being a Frenchman. The Learned Counsel
then argued the point of law. The quasi dilictum was manifest, for the de-
fendants did not attempt to deny having signed the letter; and that this
denunciation was the cause of the appointment being withdrawn was equally
15
clear from the letter of the Ambassador to the plaintiffs, assigning the reason
for which it was withdrawn. The injury suffered by the plaintiffs waa more
t'laii 10,000 francs a year, and consequently 20,000 francs could not be con-
sidered exorbitant damages.
M. DUPIN senior, Counsel for the defendants, in rising: to reply, main-
tained that the action was untenable. The prosecution, he said, was most
frivolous; it was merely intended to make a noise; the plaintiffs sought by
publicity to present to the auditors a new kind of Prospectus with a view to
recover their customers, who had fallen off by their own fault, and not through
any hostility on the part of the English physicians. It is true there are many
English at Paris. They bring with them their humours and their diseases,
and even amidst the gaiety of the French experience attacks of the spleen.
Their physicians and their apothecaries follow them as closely as they can.
They arrive with their remedies and their English medicines. Such was
Mr. Roberts, apothecary to the English Embassy. However, whether it was
that he had not every kind of remedy, or whether his medicines were not of
good quality, the English physicians allowed themselves to recommend the
drugs of French apothecaries. Roberts, therefore, who would not that a pill
should be bought out of his shop, endeavoured to give currency to a rumour
that the English physicians acted thus, merely, because there was an agree-
ment for a per centage between themselves and the French apothecaries.
The Learned Counsel iheu read an advertisement inserted in GAMGX.VM'S
MESSENGER; and an article of the Jfyyie, in which, under the form of a
dialogue between an English physician and a French apothecary, named
Rabel (anagram of Beral"), it was set forth that, for the trifling allowance of
200 guineas a year, the physician engaged to secure to the apothecary the
supply of medicines to 50 good patients a month. Thus, added the Learned
Gentleman, the denunciation made to the Ambassador was merely reprisals
for the calumnies spread against the physicians by the plaintiffs, who bruited
it about that the English doctors had a profit upon the medicines which they
prescribed, and that it was because they (the plaintiffs) refused to submit to
so disgraceful a traffic, that efforts had been made to deprive them of their
customers, in favour of a rival establishment. The physicians could have
brought an action for defamation, and have demanded 20,000 francs damages;
but they took a course more worthy of them ; they applied to their natural
jud;je, the Ambassador of England, under whose jurisdiction they came, both
as English subjects, and as being attached to his service. The step which the
Ambassador took was his own act ; he had granted the appointment, and he
had a right to withdraw it. The physicians could not be responsible. And from
hence an occasion has been takeu to bring an action for defamation ! You have,
says Roberts, done me immense injury; 1 have been forced to take down
from my shop the Arms of England! What an affront! and have you not
your natural arms left ? (Laughter.) Do not you retain that skill, which,
according to yourself, is unequalled, those drugs and specifics which are to be
found nowhere else ? Gentlemen, I shall dwell no longer upon such an action ;
it is ridiculous, and ought to be rejected.
Mr. BART ii F. rose to address the court in behalf of the plaintiffs. He
maintained that his clients were altogether strangers to the articles that had
appeared in the journals. As to .M. Laugeois, they were inserted prior to his
entering into the firm, and, with ri'spect to Mr. Roberts, there was no proof
that they had proceeded from him. If such insinuations had been thrown
out against the physicians, or those who called themselves physicians, for
their title to that character was not very manifest. . . .
Here M. Dupin held up two sheets of parchment, to each of which was
affixed a seal.
M. BARTHE. Oh, yes. I know that you have two diplomas, but you
are thirteen. The thirteen who signed the letter to Lord Granville, felt that
they were vulnerable upon this point, and therefore brought all the diplomas
they had. In an English calendar only one of them is found in the list of
physicians; and, upon application being made at the office of the Minister of
16
the Interior, we learned that none of the pretended physicians were authorised
to exercise the healing art in France except one, and the diploma he has is an
Edinburgh one. Gentlemen, England possesses distinguished physicians;
but she is so ungrateful as not to keep them at home by recompenses of
every kind reputation and fortune ; and, whatever may be said, persons do
not always quit their country for the sake of carrying abroad the aid of real
science. I appeal to Dr. Boyton, one of the defendants. Besides diplo-
mas, unless they come from Oxford, Cambridge, or London, are not of great
value. One of Scotch or Irish origin may be had for 40 guineas, upon the
application being accompanied with a certificate from a physician of London,
Cambridge, or Oxford, attesting that the applicant had attended medical lee-
tures. One day a young English nobleman took it into his head to make his
horse a physician. He sent the sum required with a certificate attesting that
Mr. Goodfriend was a gentleman of an excellent disposition, mild temper,
and deep erudition. The Society of Physicians at Edinburgh readily asso-
ciated to themselves so distinguished a member, and immediately sent off a
diploma for Mr. Goodfriend, which was no other than Lord Chatham's horse.
As soon as his Lordship received the diploma, he wrote to the members of
the college a letter of thanks, in which he congratulated them upon the ac-
quisition just made by the faculty, and assured them that the young adept
would never endanger the health of his patients. But no matter the origin of
the diploma 1 Such are the physicians that Great Britain has sent us; but this
does not prevent several, who are strangers to this action, being entitled to the
public esteem. Thus, without any provocation on their part, the plaintiffs,
two men exercising an honourable profession, have been attacked by a false
denunciation. The object of the denunciation, without doubt, was to have
the arms of England placed over the privileged pharmacy, as they had before
figured over our's. The defamation was only half successful. When an
establishment to which confidence, was so necessary, was suddenly deprived
of a connexion in which it gloried, every one might feel that there was ground
for distrust. From hence very heavy losses have been suffered by the firm,
as the books of the pharmacy prove ; and it is but just that the authors
of the injury should be condemned to make reparation.
After a short deliberation, the Tribunal pronounced judgment to the fol-
lowing effect : Seeing that the defamatory imputations of the persons who
signed the letter are not supported by proof; that these imputations occa-
sioned the dismissal of the plaintiffs from their connexion with the Embassy ;
that the physicians prosecuted are responsible for the prejudice caused by
them, the Tribunal condemns them in nolido to pay 5000 francs damages,
with costs, and to have 25 copies of the judgment posted up in the capital.*
Galignanfs Messenger, April 12, 1828.
* A CAPITAL JUDGMENT
Printed by G Schulz,
13, Poland Street.
TO THE KING'S MOST EXCELLENT MAJESTY.
The Humble Memorial of W. C. Smyth.
HUMBLY SHEWETH,
That your Memorialist was appointed one of the Paymasters of Ex-
chequer Bills, by a writing or constitution, bearing date the 21st day
of June, 1811, under the several hands and seals of the late Right Hono-
rable Spencer Perceval, the late Snowden Barne, Esq., and the Honorable
Berkeley Paget ; three of the then Lords Commissioners of His late Ma-
jesty's Treasury, by virtue of the power vested in their Lordships by the
tenth section of the first chapter of the 48th of George the Third.
That your Memorialist gave the security as required by the said Act
of Parliament, and continued or kept the same up to the present time.
That your Memorialist diligently and faithfully performed the duties
of the said office of Paymaster of Exchequer Bills, from ,the period of
his having given such security, until the llth day of June, 1824, when he
was removed therefrom by order of the then Lords Commissioners of Your
Majesty's Treasury, not only without any investigation of his conduct,
but even without being made acquainted with the crimes or offences
(if any) with which he was charged.
That your Memorialist, having the honour to be personally known
to the late Right Honorable George Canning (at that period Your Majesty's
Principal Secretary of State for Foreign Affairs), immediately requested
that minister to intercede for him with the late Earl of Liverpool (at that
time First Lord of Your Majesty's Treasury), that his Lordship would be
pleased to direct that your Memorialist might be made acquainted with the
crimes or offences (if any) with which he was charged; and further, that
his Lordship would condescend to order a full and impartial investigation
of the conduct of your Memorialist, upon such charges as might be pre-
ferred against him.
That notwithstanding the said Right Honorable George Canning did
first personally and afterwards by letter, request the said Earl of Liver-
pool to grant to your Memorialist such investigation ; and notwithstanding
your Memorialist did himself repeatedly solicit the same by official letters,
addressed to Stephen Rumbold Lushington, Esq. (at that time one of the
Joint Secretaries to Your Majesty's Treasury), the same was withheld from
him during the whole remaining period of the administration of the late
Earl of Liverpool.
That soou after the late Right Honorable George Canning was nomi-
nated by Your Majesty's first Lord of the Treasury, namely on the 18th of
June, 1827, your Memorialist addressed a letter to that Minister, soli-
c
18
citing from him that investigation which he himself had twice, at the era-
nest desire of your Memorialist, requested the late Earl of Liverpool to
grant to him, your Memorialist.
That your Memorialist confidently believes that the late Right Honou-
rable George Canning would have ordered the said investigation had it
pleased ALMIGHTY GOD to have spared him life and health for a few
month longer.
That so soon after the lamented death of the Right Honorable George
Canning, as Your Majesty's Government appeared to be permanently
settled, namely on the 23rd of June, 1828, yerur Memorialist applied, by
an official letter addressed to Joseph Planta Esq. (who had succeeded the
aforesaid Stephen Rumbold Lushingtoo, Esq. as one of the Joint Secretaries
to Yonr Majesty's Treasury), requesting the present Lords Commissioners
to order the said investigation.
That on the 10th of last July, your Memorialist received a letter,
signed by George Dawson, Esq. (colleague to the said Joseph Planta,
Esq.) acquainting him " that his case had already been fully considered
and decided on, and that their Lordships saw no sufficient grounds for
ordering a re-iinvestigation thereof."
That your Memorialist, last Michaelmas term, moved the Court of
King's Bench, by Counsel, for a Writ of Mandamus, directing the Lords
Commissioners of Your Majesty's Treasury, " to hear and determine the
grounds of the removal of your Memorialist from his said office of Paymas-
ter of Exchequer Bills," but the Court refused to grant the Writ, alleg-
ing that no Mandamus lay against the Lords Commissioners of Your Ma-
jesty's Treasury.
That op the 5th day of the present month of June, John Berkeley
Monck, -Esq. (one of the Members for the Borough of Reading) did your
Memorialist the honour of presenting a petition to the foregoing effect to
the Honourable the Commons in Parliament assembled, and praying that,
that Honourable House would be pleased to appoint a Select Committee of
its Members to investigate the whole of the circumstances of the case
of your Memroialist.
That your Memorialist has learned, with astonishment and regret,
that upon that occasion George Dawson, Esq. (one of the Joint Secretaries
to Your Majesty's Treasury) alleged that, your Memorialist had been
guilty of a variety of misconduct during the period he filled the said
office of Paymaster of Exchequer Bills, and at the same time not only
objected to the prayer of the .petition being acquiesced in, but also to the
printing of the said petition, assuring that Honourable House, that it was
not worthy of its consideration.
That on the 13th day of this said month of June, my Lord Tenterden
. did your Memorialist the honour of presenting a similar petition to the
Lords spiritual and temporal in Parliament assembled.
That your Memorialist has learned, with no less astonishment and re-
gret, that upon that occasion, the present first Lord of Your Majesty's
Treasury made similar charges against your Memorialist, and at the same
time not only objected to the prayer of the petition being acquiesced in, but
19
also assured that Right Honourable House, that the petition of your Me-
morialist was not worthy of its consideration.
That your Memorialist is wholly unconscious of having committed any
crime or offence whatever, which could possibly have justified so severe a
punishment as his removal from office; but, on the contrary, undertakes
to prove (if allowed a hearing) that his conduct in office was exemplary.
That your Memorialist is fully aware, that all offices (with the ex-
ception of those of the Twelve Judges) which emanate from the Crown, are
held during the pleasure of the reigning Monarch; but he humbly submits
to Your Majesty, that, as he was appointed to the office of Paymaster of
Exchequer Bills, by a writing or constitution under the several hands and
seals of three of the then Lords Commissioners of his late Majesty's Trea-
sury, by virtue of the power vested in their Lordships, by the authority
of an Act of Parliament, the tenure of his said office must be" during good
behaviour" (quam diu te bene gcsseritj, and not " during pleasure"
(durante bene placito) consequently, that it is an incorporeal heredita-
ment, in which he has (during good behaviour) a vested interest for life.
That by Stat. 25 Edw. III. st. 5. c. 4. it is enacted, that none
shall be put out of his franchise or freehold, unless he be duly brought
to answer, and forejudged by course of Law : and if any thing be done
to the contrary, it shall be redressed."
That the words of the Great Charter, c. 29. are. < No Freeman shall
be taken, imprisoned, or any way destroyed, unless by the lawful judg-
ment of his Peers, or by the Law of the Laud." Which words, " any
way destroyed," according to Lord Coke, include a prohibition uot only of
killing or maiming, but also of torturing and of every oppression by colour
of an illegal authority. And it is enacted by Stat. 5. Edw. HI. c. 9.
that " No man shall be attached of any accusation, nor forejudged of life
or limb, nor shall his Lands and Goods be seized into the King's hands,
contrary to the Great Charter and the Law of the Land." And again the
Great Charter, c. 29. has declared that, " No Freeman shall be disseised or
divested of his Freehold, or of his Liberties, or Free Customs, or be Out-
lawed, or Banished, or otherwise destroyed, but by the judgment of his
Peers, or by the Law of the Land." And by a variety of Ancient Statutes,
it is enacted, that, " No man's. Lands or Goods shall be seized into the
King's hands, against the Great Charter and the Law of the Land : and that
no man shall be Disinherited nor put out of his Franchises, unless he be
duly brought to answer and be forejudged by Course of Law; and if any
thing be done to the contrary, it shall be redressed and holden for
none effect."
That your Memorialist humbly submits, that from the foregoing ex-
tracts of the Great Charter and Statutes, it is manifest that, it is an invari-
able maxim of the Laws of England, that " no man thall be punished until
he has had an opportunity of being heard.'''
That it is an historical fact, recorded in Book I. chap. 5. of Srnol let's
continuation ef Hume, that so strongly impressed were the House of Lords
in 1702, with the truth and propriety of this maxim, that that August As-
sembly went even the length of presenting an Address to Queen Anne,
tl beseeching her Majesty not to remove the Bishop of Worcester from the
20
place of Lord Almoner (which place his Lordship unquestionably held
" during pleasure"), until he should be found guilty of some crime by due
course oFLaw, " as it was the undoubted right of every Lord of Parlia-
ment, and of every subject of England, to have an opportunity to make
his defence, before he /suffers any sort of punishment."
That notwithstanding the Laws and Constitution of England, and the
feelings of the Subjects of Your Majesty's Dominions are evidently hostile
to every kind of oppression, yet it is an undoubted fact, that the ministers
of the Crown have, at different periods of our history, been guilty of Acts
of great injustice, tyranny, and oppression, 'towards many individuals;
but it is also a well-known fact, that no oppressed Subject ever appealed
in vain for Justice to His late Majesty, of revered memory.
That in or about the year 1765, the Ministers, who were then at the
head of the Government of His late Majesty, dismissed the Earl of Bute's
Brother, from the office of Keeper of the Privy Seal in Scotland, without
being able to assign any just cause.
That your Memorialist has been credibly informed and verily believes
that that Gentleman was reinstated by command of His late Majesty, and
actually died in the peaceful enjoyment of his said appointment.
That in 1788, the Lords Commissioners of the Admiralty took upon
them to give an arbitrary order for stricking Captain (now Sir Isaac)
Coffin's name off the list of Post Captains.
That Captain Coffin had his case laid before His late 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 of
setting aside the judgment of a Court Martial."
That the opinion of their Lordships being in the negative, Captain
Coffin was accordingly re-instated in his rank as Post Captain in the Navy.
That your Memorialist respectfully submits that he himself has now
no alternative left but to appeal for Justice to Your Most Gracious Majesty,
and therefore humbly but earnestly and confidently prays that, as the
subject of his removal from Office is not only of vital importance to his
Fortune, to his Health, and to his Character, but also one involving a ques-
tion of great moment to every Gentleman holding an appointment under the
authority of an Act of Parliament, Your Majesty will be graciously pleased,
with the consent of the Most Honorable the Privy Council, to direct the
Twelve Judges to give their opinion, Whether the Lords Commissioners
of Your Majesty's Treasury have the power of removing 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 afterwards to afford
Your Memorialist such redress and relief as in the Humanity, the Wisdom,
and the Justice of Your Majesty, may seem meet.
And your Memorialist, as in duty bound, will ever pray.
(-Signed) W. C. SMYTH.
6, Adam Street, Adelphi,
June 30th, 1829.
21
EXCHEQUER-BILL OFFICE MANOEUVRE.
The exchange of a certain portion of outstanding Exchequer Bills is
advertised for the 19th, instant ; the Bills must be taken in on or before
that day, or, by an inexplicable manoeuvre, the office insists on giving
money instead of Bills, whereby the holders lose thepremium. The premium
is now 68*- : that is, the holder of each 100Z Bill can go into the Market, and
get (besides interest due) 103* 8* for each 100/13111; whereasif he cannot
have his Bill renewed, he loses 31 8t on each 1001 ; and there are at each
exchange of Bills many persons holding Bills to the amount of thousands
thus circumstanced, or rather, give me leave to say, mulcted of their pre-
miums, if they should not deliver in their old Bills on or before the day
named so that you may deem the matter not altogether unworthy of notice
and timely warning. The amount of these lapses is immense sometimes
100,0001, for a limited period, I understand, being no unusual sums
giving a profit to somebody of 3,4001 ! ! and this is at the expense of the
holders of the Bills, they being refused new ones because the old ones had not
been presented on or before the 19th ! I was amongst the sufferers at the
last exchange, having deposited some trust-money in these Bills. I ven-
tured to complain of the transaction ; but I was told that the Government
gained nothing by it. Then, said I, " whodoes .'" Answer" NOBODY!"
Then I further took the liberty of remarking, and for which remark I
thought 1 should have had my nose snapped off by the officials " then
the more indefensible and unjust is the loss inflicted on me, since neither
the Government nor ' Mr. Nobody 1 gains by my loss." " Oh '." it was
remarked, " there was some foolish nonsense in the newspapers, about a
person similarly circumstanced. 1 ' " As to ' foolish nonsense 1 in the news-
papers, I know nothing about that ; only 1 never knew it to be admitted that
any sense was written when the complaints were against persons who
were so good as to exercise authority over us, and to receive our money. 1 '
1 was then consoled with the statement that there had just been a person
holding 7,000* Exchequer Bills ; he had lost the premiums, owing to
having presented the Bills a day too late.
Now what becomes of the premiums ? New Bills are issued in lieu
of the old ones so that, if they insist to pay with money instead of the
Bills, how is the money got but by taking the new Bills to the Bank
or into the Market ? and, in that case, does " Nobody" receive the pre-
miums ?
Well, having suffered last time, I thought " Mr. Nobody" should not
benefit by me this time ; so, on Monday, down I posted to the office with
my Bills, when, lo ! and behold ! it was a holyday. " A holyday '.im-
possible ! I have looked into the Almanack, and it is no red-letter day."
" But it's a holyday !" Well, I looked into the Almanack again, and
found it was no red-letter day but ' Holy Cross" day. Then I determined
to go as to day (Wednesday), but that too I found to be a holyday a
red-letter day" Ember-week ;" and Friday is a holyday, though no red
letter day. What holyday ? Why, the Anniversary of the " Landing" of
Geo. 1. and II. ! So that Thursday and Saturday only remain. And the
office continues open when there is no holyday from eleven till one
o'clock (astonishing !) ; but how they would ever get on, without these
cessations from the fatigues of business, HEAVEN only knows. The Chief
Clerk, Mr. , has recently retired on his full salary of 1,000* a year :
he happens to be a hearty man, but how he contrived to keep well, is a
miracle.
However, it may not be unreasonable to say, respecting the ex-
cellent manuyement in the exchange of Exchequer-Bills, that if the Govern-
ment get nothing by refusing the Bills after a certain day, and if " Mr.
Nobody" is equally unimproved in pocket, it might be no very unreasonable
thing to ask, especially as the office labours occupy only from eleven till
one, that tho holders of the old Bills should be punished with the lots of
interest during the time they omit to exchange their Bills. That would
D
22
sufficiently puuifeh each party for his neglect, and it is the only punishment
which most persons now think themselves exposed to in omitting to leave
Bills to be exchanged on the days officially named. If that course be not
pursued, then it ought not to be complained of it' very strict inquiries arc
instituted to ascertain what becomes of the lapsed premiums, since
" Nobody" gets them. C. O.
Sept. 16. 1829.
SIR, Your Paper of Friday last contains a long communication from
a Correspondent, inveighing, as the title imports, against certain servants
of the public, for some supposed " financial legerdemain" in the mode of
doing business at the Exchequer-Bill Office ; and as, in an article of your
own, you state that "you should like to have some explanation of the
matter," I beg to submit to yon the following observations, which I trust
you will insert in an early number of your journal.
In the first place, I must request the attention of your Correspondent
to the origin and nature of Exchequer-Bills. Exchequer-Bills are a species
of" note of hand" of the Government, issued under the authority of some
Act of Parliament, generally in anticipation of the aids and supplies grant-
ed by the Legislature for the current year. The Act of Parliament which
sanctions the issuing of these Bills always provides for the payment of the
principal and interest ; but is wholly silent on the subject of the exchange
of those already issued for new ones. This measure, therefore, is not a
matter of right, upon which the holders of those Bills can insist; but is
purely an indulgence granted at the discretion of the Chancellor of the Ex-
chequer for the time being.
In the next place, I must beg to call the attention of your Corres-
pondent to the words of the advertisement, as inserted in your paper of the
2nd instant, upon which alone he can found any right to have his old Bills
exchanged for new ones.
The advertisement commences thus " The Exchequer-Bills dated in
the months of July, August and September, 1828 viz * * * with the in-
terest due thereon, will be paid off', on the 30th day of September, 1829,
when the interest will cease." That is " the head and front" of the adver-
tisement; the remaining portion of the first paragraph of which, as well as
the whole of the second paragraph, merely details the forms to be observed
by the bearers and holders of such Bills, so advertised to be paid off".
The third and last paragraph of the said advertisement is the only one
which relates to the exchange of Bills, and is as follows : viz, " New Bills
* * * may be obtained * * * upon stating the required amount on the lists,
delivered on or before the said 19th day of September." Thus, it is to be
observed that, there are iwo acts necessary for the bearers of those Bills
(advertised to be paid off) to perform, before they can be entitled to the
Indulgence of having new Bills in lieu of money viz, 1st " That their
old Bills should be delivered in at the Exchequer-Bill Office on or before the
day appointed for receiving the same ;" and, 2dly, " That the amount
of new Bills required should be stated on the list they are directed to de-
posit in the office, at the time they leave their old ones to be paid off',''''
Had your Correspondent, on the occasion alluded to, complied with
both of those conditions, and still been refused his new Bills, he would have
had just cause of complaint, and, 1 apprehend, would have had an undoubted
right of action against the Paymasters of Exchequer-Bills for the amount
of the premium he had lost in consequence of their neglect of their public
duty ; but as, according to his own showing, he did not comply with either
I cannot think that he has any reason to be dissatisfied at being refused
that which, at most, was but a conditional indulgence.
Having now, as I think, shown that your Correspondent had no original
right to have his old Bills exchanged, and (in consequence of his non-com-
pliance with the conditions) no right founded upon the terms of the
public advertisement, it follows, as a matter of course, that he had no right
to the premium of 68* per cent, which the new Bills at present bear in the
market.
I therefore do not know that he has any right to inquire who reaps
the advantage of his negligence whether these 68* are pocketed by the
Chancellor of the Exchequer, or by '* the officials" in the Exchequer-Bill
Office, or by " Mr. Nobody /" I will, however, endeavour to explain
to him who it is that gains by these laches of his, and persons si-
milarly situated of whom I know well there are many in the course of
every payment.
The Acts of Parliament do not authorise Government to issue a certain
number of Exchequer-Bills, but to raise a certain sum by the issuing of
Exchequer-Bills. Suppose, therefore, that, in consequence of the negli-
gence of the pei-sons in question, the Chancellor of the Exchequer requires
to raise 100,OOOJ to pay them the amount of their principal in money. The
new Bills bearing at the time a premium of 68* per cent, he directs 96 Bills
of 1,000 J each, and one of 500J, to be sold in the market, and the proceeds,
which (omitting fractions) amount to 100,000?, to be carried to the account
of the Paymasters of Exchequer-Bills. Thus the public has the principal
and interest of only 96,0002 new Bills to pay, instead of that of 100.000/,
with which it would have been burdened had the holders of the old Bills
availed themselves (to the fullest extent) of the conditional indulgence
offered them by the Chancellor ofthe Exchequer.
Hence, although I maintain that no individual profits by this transac-
tion, I admit that somebody does profit and that that somebody is no less
a body than the public.
It may then be asked, if the advantages of paying the holders of
Exchequer-Bills in money are so manifest, and so great to the public,
why does not the Chancellor of the Exchequer uniformly adopt this
measure ? The answer is obvious. Were this measure uniformly adopted
the Bills would never bear any premium, but always be at par; and if
the Bills were at par, then neither the holders nor the public would either
lose or gain by these transactions.
With respect to the holydays, there are certainly more observed in
the Exchequer than at the Bank, India House, or South-Sea House ; but
as the public are duly warned of them, in the Exchequer-Bill advertisement,
1 do not know that they have much cause of complaint on this head.
I now beg to notice two palpable mis-statements of your Correspond-
ent, which he has no doubt made from error.
The first is, that " the Exchequer-Bill Office is open only from clcrcn
till one o'clock," whereas it is open from ten till one ; a fact which is also
publicly announced in the advertisement.
The second is, that " the Chief Clork, a Mr. , has recently
retired on his full salary of 1,000/ a year ; he happens to be a hearty man,
but how he contrived to keep well is a miracle."
The whole of this paragraph is fraught with error.
No Chief Clerk has retired. No one has retired upon his full salary.
No one has retired upon l,OOOJayear. The person to Whom, 1 presume,
your Correspondent alludes, is not a hearty man ; but how he contrives
to keep alire, I (who am personally and intimately acquainted with that
gentleman) grant your correspondent is a miracle !
A FRIEND TO JUSTICE.
Adelphi, Monday evening.
[The explanation as to what our Correspondent calls the " Exche-
quer-Bill Office manoeuvre," appears to us quite satisfactory. We published
the article for the purpose of drawing forth an explanation, as no doubt
many ofthe public who transacted business at the office were in the same
state of ignorance as our correspondent ; and it would have been as well if
the clerks in the office had either been civil or intelligent enough, to afford
some information on what could have been so easily cleared up. As to
the office hours, we think from ten to one but a short time to devote to
public business. Our remarks as to the number of holydays have not
been answered.] [Phase turn over.
24
P.S. I now beg to explain that the office hours are from ten till three
o'clock ; hut, in order to afford the clerks sufficient time to make up the books
daily, by the latter hour, no Exchequer-Bill is received at the office after one
o'clock.
The Acts of Parliament, which provide for the payment of the principal
and interest of Exchequer-Bills, direct, that a certain number of days' no-
tice (I think fourteen) should be given in the public newspapers previous to
any such payment being made. The number of days' notice required by the
Act, (exclusive ofholydays) being uniformly given, although there are certainly
more holydays observed in the Exchequer, than at the Bank, India House, or
South Sea House, the public being duly warned of them In the Exchequer-
Bill advertisement, as I said before, I do not know that they have much (if
any) cause of complaint on this head.
April 10th, 1830. W. C. S.
ERRATA.
The following is his Grace's letter to Dr. Curtis-.
London, December 11, 1828.
" MY DEAR SIR,
I have received your letter of the 4th instant and I assure you that you
do me justice in believing that I am sincerely anxious to witness the
settlement of the Roman Catholic Question, which by benefitting the state,
would confer a benefit on every individual belonging to it. But I confess
that I see no prospect of such a settlement. Party has been mixed up with
the consideration of the question to such a degree, and such violence pervades
every discussion of it, that it is impossible to expect to prevail upon men to
consider it dispassionately.
** If we could bury it in oblivion for a short time, and employ that time
diligently in the consideration of its difficulties on all sides (for they are very
great) I should not despair of seeing a satisfactory remedy.*
Believe me, my dear Sir,
Ever your most faithful humble servant,
(Signed} " WELLINGTON."
* This sentence has been noticed as involving an Irish Bull. We are
certainly still to learn how we can bury a subject in oblivion and debate on
it, at one and the same time.
NEWS, December 28th, 1828.
Page, line,
for
read
v, 10,
inevitable
inevitably
, 16,
individual
individuals
, 25,
vii, 51,
pamphet
that have
pamphlet
that I have
15, 5,
groupe
group
29, 2,
then
than
47, 16,
controling
controlling
48, 7,
upon
upon me
59, 45,
on
no
67, 5,
acknowledgement
acknowledgment
70, 20,
obliquy
obloquy
88, 29,
ajustment
adjustment
91, 41,
6th
16th
107, 9,
THOMPSON
THOMSON
110, 2,
would
will
117, 20,
Gordean
Gordian
118, 32,
I
JI
128, 35,
name
names
TO THE
MEMORY
OF THE
RIGHT HONORABLE GEORGE CANNING.
TRANSLATION OF A GREEK EPICEDIUM.
YES, Canning! bless' d in thy lamented death,
Thy life is not extinguished with thy breath ;
Virtue records thee in her deathless page,
And bids thy name shine forth to ev'ry age,
Her chosen champion, high o'er all the rest,
In words and deeds, the bravest and the best.
The favor'd object of thy Sovereign's choice,
Well didst thou use thy all-persuasive voice,
To pour with zeal, into his willing ear,
Counsels a patriot King would gladly hear ;
Thou bad'st him freedom's galling chains unbind,
And prove the common patron of mankind ;
Telling the nations, " Ye no more shall be
What ye have been the sport of tyranny j
Of despots, viewing man but as a prey
To share, and bartering all his rights away."
Now hopes of better, brighter days inspire
The breasts that glow with freedom's sacred fire ;
Since first thy fostering and paternal hand
They saw stretch'd out to shed o'er every land,
Worthy to combat in the common cause,
The hallowM boon of equal rights and laws.
Thy latest, noblest aim was to release
From all her countless miseries, suffering Greece.
Nor this be all thy praise ; for sure, if e'er
Mortals may cherish in this checquer'd spherr,
A hope, at some bright period, to attain
All of perfection man on earth can gain,
The glorious triumph will be due to thee,
Thou friend of wisdom and humanity !
Nor deem, blest shade ! that only feeble lays
Of mortal song shall celebrate thy praise ;
To higher realms thy virtuous fame shall rise,
And reap immortal glory in the -kir-
Clifford'* Inn. w. H. n \virt.s.
18
ANOTHER.
STILL, tho' thy little dream of life is fled,
Thou liv'st, blest shade tho' lost, thou art not dead ;
For memory, ling'ring o'er thy virtuous dust,
Shall guard with faithful hand her holy trust,
And each fond age revere the won'drous plan,
Which all a master's mind alone can scan.
Zeal could no more : she gave his parting breath,
And seal'd the mighty scheme with CANNING'S death.
Patron at once of all that's great and good,
Firm to thy faith, tho' legion'd foes withstood ;
Soolh'd by the charm of thy persuasive tongue,
Enleagur'd kings in mute attention hung;
Thy voice was foremast then to aid the plan,
Which firmly urg'd the claims of man on man ;
Bade red Ambition totter on its throne,
And cease from spoils which justice must disown.
Thus musing fancy pours the deep drawn sigh,
In fond regret on all that cannot die,
Of thy bright spirit, whose unceasing aim,
(While all the Patriot urg'd his country's claim),
'Twas to disarm a Tyrant's lawless hand,
And shed soft peace o'er each devoted laud.
So shall not Greece alone pour o'er thy bier,
Departed shade, the sympathetic tear
Each distant clime, where virtue rears her throne,
In plaintive accents claims thee as her own,
Deeming her honors, with the hand which gave,
Must droop for ever in her CANNING'S grave.
Yet, tho' for thee thy country loves to mourn,
And nations vie to deck thy hallow'd urn,
A purer triumph, brighter blLss is thine,
Tho' weeping worlds their holiest tears combine,
For in that pang which clos'd thy mortal strife,
Thy soul was borne to realms of endless life.
Courier. c. H
ANOTHER.
THOU shalt not die, great CANNING ! o'er thy tomb
Deathless in death the Patriot's wreath shall bloom !
Thy name shall still, undimmed by lapse or age,
Beam proudly forth on History's brightest page ;
As his, who all in wisdom's works outshone,
And soar'd to fame by virtuous deeds alone !
19
Nations admir'd thy words, with counsel fraught;
Thy lips to Kings their sacred lesson taught !
Inspir'd by thee, forth mighty Monarchs stood,
The common advocates of common good,
Join'd the great cause, 'gainst Error's former sway,
Broke Slavery's scourge, and cast her cords away !
The wisdom in their hearts a temple found,
Spoilers were spoil'd, and nations' wounds were bound.
And foremost thou, at Freedom's generous call,
Didst a Father's love, a Father's care, to all !
Lo ! 'neath thy care, see Greece revives and lives ;
More than a Saviour's name to thee she gives :
Her walls thy glorious monument shall be,
Founded anew, and rear'd again, by thee !
Thrice euvied lot ! for unto thee is given
A Patriot's name on earth an Angel's throne in Heaven !
Courier. A
ON THE DEATH OF THE RT. HON. GEORGE CANNING.
Non omnis moriar.
FAREWELL bright spirit, brightest of the bright !
Concentrate blaze of intellectual light !
Who shone aloue, or in the first degree,
Union so apt; such rich variety;
Taste guiding mirth, and sport enlivening sense ;
Wit, wisdom, poetry, and eloquence !
Profound and playful, amiable and great,
Audjir.it in social life, as in the state !
Not wholly lost! thy letter'd fame shall tell
A part of what thou was't ! Farewell ! Farewell!
Farewell great statesman ! whose clastic mind
Clung round thy country, yet embraced mankind;
Who (in the most appalling storms, whose power
Shook the wide world), was equal to the hour .'
Champion of measur'd liberty ! whence springs
The mutual strength of people and of kings,
Twas thine, like Chatham's patriot task, to wield
The people's force, yet be the monarch's shield !
Xut wholly lost /for both the worlds shall tell
Thy history in theirs ! Farewell ! Farewell !
Farewell dear friend ! In all relations dear,
In all we love, or honor, or revere ;
20
SOD, husband, father, master, patron, friend!
What varied grief and gratitude we blend !
We, who beheld when pain's convulsive start
Disturbed the frame, it could not change the heart :
We whose deep pangs to soften or console,
Were the last effort of thy flying soul !
Not wholly lost.' our faith and feelings tell
That we shall meet again ! Farewell ! Farewell !
Courier.
ON THE DEATH OF THE RT. HON. GEORGE CANNING.
COULD death then only buy thee a repose
Confederate colleagues had denied thee here?
They live : the foremost in their country's foes,
Mark'd with a nation's curse, a people's tears.
Mortality may bend beneath their hate
The assassin finds the blow he dealt in vain ;
For Liberty is strength'd in thy fate,
And Justice borrows splendour from thy name.
A country's tears, a monarch's grief is thine;
'Tie all, alas ! they now can offer thee
Unshackl'd nations, at thy sacred shrine,
Shall kiss the dust that taught them to be free.
Live on then, ye, whose ill-directed hate
Hath branded on your breast a deathless shame;
Thy name shall perish only with his fate,
Thy execration only with his name.
Morning Chronicle. F.
LINES ON THE MEDAL ORDERED TO BE STRUCK AT
PARIS, IN MEMORY OF MR. CANNING.
Too oft the sculptor's art has snatch'd from dust,
And on the medal stamp'd a guilty bust ;
With abject skill a statesman's name engrav'd,
Deck'd with the symbols of some realm enslav'd,
Some fetter'd nation he had help'd to bind,
Some succour lent to subjugate mankind :
Not such the tribute, Canning, paid to thee !
The pure spontaneous homage of the free !
This medal bears to future times the date
When fled the phantoms of " immortal hate.
21
A rival nation wove its civic palms,
And traced that legend which her tear embalms;
A foreign tongue records thy glorious name,
And foreign crowds repeat a stranger's name,
Who mark'd for liberty no narrow spaee,
But meant the blessing for the human race ;
Shed on no scanty spot one partial ray
From the fall blaze of philosophic day,
But gave to moral good an ampler scope,
And called the drooping universe to hope !
Not England, solely wrapt for him in gloom
Ah ! more than England weeps upon his tomb !
Along the sunny shores the Tagus laves,
Or where pale Freedom kneels on Grecian graves ;
Or in the Western world where Slav'ry flies,
And, hail'd by him, its young Republics rise :
Man in each clime, triumphant or opprest,
Shall bind this medal to his beating breast
Clasp'd, as a shrine, where Franco her offering laid,
And first the sacred rite of Freedom paid.
HELEN MARIA WILLIAMS.
Morning Chronicle.
THE NATIONAL LOSS,
SUSTAINED IN THE DEATH OF MR. CANNING.
Quis desiderio, sit pudor aut modus
Tarn can capitis ?
IMMERS'D in tears, I fly to " catch the reed,"
And give the well-earned tributary meed;
But ah ! how oft the man of feeling knows
The muse is barren when the heart o'erflows :
And where's the bard that ever hopes to find
Colors to paint a Canning's master mind?
In the dull verse, in vain, I seek relief
To mourn our loss, or sooth our common grief 5
With Shakapeare then I cry, and drop the pen,
When shall we " look upon hisJike again?"
Times. F. W.
22
IN FERETRUM VIRI HONORATISSIMI
GEORGII CANNING.
Quod mortale sit,
Adhuc suffulciens.
SORTE sua confisa, exultct in ordine longo
Ducta, per iunumeros, Nobilitaa, atavos,
Exultet merito sed ne se extollat inani
Fastu, ne demens aspera corda gerat
Metam habet ipsa suam praescriptam conscia virtus,
Qua jubet officium, fortis inire viam.
Hanc non deterrent metuenda pericula mille,
Non procerftm livor, non populi fremitus.
lustanms memores ; et plurima, triste feretrum,
Te gemitu exornat lachryma fusa pio.
Quod pal hi portas, circumtectum indice mortis,
Plangimus id durse succubuisse neci.
Plangimus illam animam, cui contigit intima motus
Incutere hnic massa;, deseruisse domutn.
Illam animam hanc terra jam liuquere plangimus orain,
Nunc cum molis erit res stabilire novas.
Sed quid conquerimur ? Quis nos male destiuet error ?
Ardua moliri vix novitatis habet.
Civibus in promptu est patrium servare Britanuis,
In promptu est patriae proque salute mori.
Te tamen, ingenio simul eloquioque potentem,
Te fletu et lauro concelebrare decet.
Te puerum in cunis artes aludre decorse,
Te studia et mores edocure virum.
Fati tibi, quod restat adhuc, vetuere senectam,
At matura satis jam tibi fama viret.
Nobile pacis opus libertatisque serenee
Nunc paragant alii luus tamen ilia tua est.
Times. WESTMONASTERIENSIS.
ODE,
8UR LA MORT DU THES-HONORABLE MONSIEUR GEORGE CANNING.
Honor, nomen tuum, laudesque manebunt."
ON doute, on interroge, on prie !
D'ou nait ce douloureux transport ?
Autour de moi chacun s'ecrie
Canning se meurt ! Canning est mort !
23
Tel que le cedre tutelaire
L'orgueil et Pabri de la terre,
Tombe abattu par les autans
Ainsi lea vertus, le gnie,
L'espoir, Thouneur de la patrie
Succombent sous les coups du terns.
Muse, que la douleur inspire,
Noble interprete des regrets,
D'un crepe viens couvrir ma lyre
Et ceindre mon front de cypres 1
Montre-moi 1'enceinte funebrc
OA repose un homme c61ebre
De tout un peuple regrett6 ?
Ranime mon ame oppressed
Et viens offrir a ma pens6e
Ses droits a I'iramortalite ?
Ainsl qu'une terre fertile
Par des bienfaits sait se trahir,
De Canning 1'existence utile
Put un bienfait pour Favenir :
Ministre integre, ami sincere
Tol6rant, tendre 4poux, bon pere,
Qui le connut dut 1'admirer-,
Modeste, Eloquent, ferme, et sage-
Muse, n'en dis pas davantage !
Ah ! nous aurioHs trop a pleurer.
Ne crains pas que la calomnic,
Qui s'irrite pres des tombeaux,
Jamais de ta cendre cherie
Parvienne a troubler le repos!
Sa rage impie et meurtriere.
Essaye encore sur ta poussiere,
Sa criminelle impunit ;
Mais en 1'ecrasant dans la fange,
La Justice protege et venge,
Le Genie et la Verite.
Deja la poignante souffrauce
Fixe le terme de ses jours;
En vain Hygie, et TEsperance
Veulent en prolonger le cours;
Soins superflus, destin severe.
Les larmes des grands de la terre
24
Ne changent pas 1'arret du sort :
Le fil est tranchd par la Parque,
Et les vceux meme du Monarque
Ne sauraient d6sarmer la mort !
Quel spectacle s'offre a ma vue ?
Oh ! mort, je reconnais tes coups !
Je vois uue femme eperdue
Sur le corps glac6 d'uu t'poux,
J'entends les touchantes alarmes
De ses enfans baignes de larmes,
Vers le ciel elevant leurs mains ;
Et dont la fervente priere
Redemande un soutien, un pere,
Au Pere de tous les humains.
Pleurez, famille infortunee,
Le digne objet de votre amour.
Gemissez sur la destinee
Qui rompt vos liens sans retour :
Et dans votre douleur amere
Gravez avec moi sur la pierre
Qui couvre cet etre cheri :
" Son pays regrette son zele
Le Monarque un sujet fidele,
Et les malheureux un ami."
Times. LE COMTE DE I.A GARDE.
LINES SUGGESTED BY THE FUNERAL OF
MR. CANNING.
CANNING is dead ! I heard the sound, and said,
" Let pomp and splendour decorate the dead ;
" Let all the land he lived to serve and save,
" Heap gorgeous honors round his patriot grave."
I stood beside his tomb ; no choral strain
Pealed thro' the aisle above the mourning train ;
But purer, holier, seemed to rise above
The silent sorrow of a people's love.
No bannered scrolls, no trophied car was there
No gleaming arms, no torches' murky glare
The plain and decent homage best defined
The simple tenour of his mighty mind.
His hard-earned, self-acquired, enduring fame
Needs not what wealth may buy, or birth may claim ;
His worth, his deeds no storied urns confine;
The page of England's glory is their shrine.
Are others wanting ? Mark the dawn of peace
That gilds the struggle of regen'rate Greece ;
On Lisbon's rock see Britain's flag unfurl'd,
See Freedom bursting o'er an infant world.
Ask ye, how some have loved, how all revere ?
Survey the group that bend around his bier;
Read well the heaving breast, the stifled moan,
Kings with their kingdoms could not win that groan.
Away ! a scene like this brooks no control :
Theme of my lyre, and master of my soul,
In dreams more wrapt than ever bard has sung,
How my young fancy on his accents hung.
Others, they tell, more terribly sublime,
Have hurled their thunder against fraud and crime ;
Could harping seraphs charm our earthly sphere,
While he but spoke, I had not wished to hear.
His was the high, indomitable zeal,
The judgment to devise, the heart to feel ;
The mind with every brilliant treasure stored,
So vast, so mild, so feared, and so adored.
Disease unnerved him, Calumny assailed,
His labors paused not, nor his spirit quailed ;
In the last tortures of its frail abode
His heart was turned to England, and to God.
Times. OXONIENSIS.
LINES ON THE BIER OF THE RT. HON. GEORGE CANNING,
SUPPORTING HIS MORTAL REMAINS.
PROUD of their birth, let titled grandeur trace,
Through a long line their ancestorial race ;
But let them not, puff'd up with high disdain,
A spirit haughty and severe maintain,
Whilst he that's humbly born, but brave of soul,
Will boldly press to honor's highest goal ;
Not envious clamour, nor the nobles' hate,
Can awe that soul unconquerably great !
10
Canning, this praise is thine, and o'er thy bier
With sighs we weep the tributary tear ;
In Death's dark emblems veiled, to see thee borne-
Down to the silent grave, we deeply mourn ;
Deeply we mourn th' immortal tenant's flight
From that abode she filled with life and light :
Bereft, alas ! of thy gigantic mind,
To whom shall be the helm of State consigned ?
But why despond ? The prospect grows more bright,
Not arduous the task with England's might ;
Her noble sons will dare with ardent zeal,
Boldly to perish for their country's weal !
And whilst we mourn thy splendid talents gone,
The laurel crowns thee which thy genius won.
Nurtured in science, cradled by the muse,
The graceful arts could not their aid refuse ;
Minerva on thy early genius smil'd,
And bade perfection crown her favor'd child !
What, though the fates denied a ripe old age,
Mature thy fame shall live in history's page.
By thee fair Freedom's standard was unfurl'd
'Mid the wild mountains of the Southern world.
Still may her glorious light increasing shine :
Thine was the noble work the praise be thine.
Times.
LINES TO THE MEMORY OF THE RIGHT HONORABLE-
GEORGE CANNING.
WHY does Britannia bend with pensive mien,
And throbbing bosom o'er that sable bier,
To which yon melancholy group is seen
In mute affliction slowly drawing near,
Whilst weeping Genius, pointing to the sky,
In silent anguish heaves a plaintive sigh ?
She seems to take a lingering last farewell,
As down her cheek the pearly tear-drops flow,
Of some lamented spirit she lov'd well,
By Fate's inexorable shaft laid low ;
And thus half broken-hearted to complain
" When shall we look upon thy like again !"
Poor drooping maid she mourns the doom of one,
Whom at a time like this she ill can spare,
Her talented and patriotic son,
Whom art could not deceive, nor vice ensnare,
11
T truth and sacred liberty allied,
His country's hope, her honor and her pride!
Yes he is gone, whose energetic mind
Upheld the pillars of a mighty state ;
Whose wisdom, worth, and eloquence, combined,
Earn'd the just tribute of the good and great;
Easur'd a deathless wreath for coming days
The poor man's blessing, and the rich one's praise !
Relentless Death ! could no one else suffice ?
No less invaluable prize be found ?
But must he fall a noble sacrifice
And early victim to thy fatal wound !
Thou stern and merciless destroyer! say,
Why didst thou blight his brief but glorious day '.
It is not Albion only who deplores,
All sympathising Europe wails his doom;
And bright-eyed Freedom hastes from Western shores
To drop a grateful tear upon his tomb ;
And fondly hovering round his slumbering shade,
Guards the lorn spot where her best friend is laid.
Now, stay niy muse for worthier hands than thine
Will twine the laurel round his hallow'd bust;
And raise in happier and more polish'd line
A splendid trophy to his sacred dust;
When thy untaught and unpretending lay
Shall be forgotten and have pass'd away.
Yet, ere thy chords are mute, oh, once again,
My trembling lyre let ine touch thy string !
And in a humble, but a heartfelt strain,
Of him, the much-lov'd child of Genius, sing ;
And place this simple, unaffected verse,
With moisteu'd eye upon his plumed hearse:
" If all that virtue, all that fame holds dear,
Deserve a tribute stop and pay it here!*''
Mirror. J. E. S.
THE FUNERAL OF THE
RIGHT HONORABLE GEORGE CANNING.
NOT an eye-lid was dry of the throng that attended,
Not a heart but heav'd sadly as if it would break ;
Tho' friends with opponents were mournfully blended,
Their bosoms were human, they could not but ache.
12
What breast but must ache when a father untimely
Hath left his poor widow and orphans alone ?
Though the dead were a foe, yet compassion sublimely
Forgets all its wrongs at the sufferer's groan.
To see the mute gaze of the matron bereaved
Of him of whose being her own was a part ;
And a struggle by which the * child's pangs are reprieved,
To ransom, from breaking, her fond mother's heart.
To see, from his playmates, the lov'd boy rush madly,
For his parent's last blessing, aghast at his bier;
And wringing his hands in his helplessness sadly,
And crying " He's dead, and my f brother not here!"
Oh ! this were enough, in the lot of the meanest
To force from the proudest some signs of regret :
But the grief we then felt was the deepest, the keenest,
Lost greatness could raise, or lost goodness beget.
We felt, as our steps up the solemn aisles sounded,
Where the worthies of ages were buried below,
Their shades hover'd over the corps we surrounded,
And pitied our loss, and respected our woe.
Then a day-dream came o'er us, a vision of glory
As, dust unto dust, we committed the dead;
And the names that stand foremost and best in our story
Above us shone forth ere the vision was fled.
Ben Johnson was first of the poets to hasten ;
And Butler, the wit and philosopher join'd,
While Addison came, our repining to chasten,
The moralist, scholar, and classic combined.
Fox and Pitt, side by side, in pageant paraded,
When between them there glided a fresh form of light,
So like to the form that before us lay faded,
We own'd it was Canning reveal'd to our sight.
The hands of the rivals the phantom united,
And pointing to earth, with a smile seem'd to say,
" What is good I have cull'd, what is bad I have blighted,
" Of the parties that yonder acknowledg'd your sway."
* Alluding to the affectionate attentions of the Marchioness of Clanricarde.
t Mr. Canning's eldest son was abroad at the time of his father's death.
13
" You surviv'd to complete the great task," they assented ,
" And full in the blaze of its fame you have died :"
" My country is rescued, and I am contented,
" My King and my country !" the spirit replied.
At the moment a murmur of sorrowful token,
Like the moan of a wind-dirge, stole swift thro 1 the crowd,
And abruptly the spell of our vision was broken,
As the voice of lament waxed thrilling and loud.
Draw a veil o'er the last look the young orphan fixed,
Too piteous to paint, in the grave of his wire !
Oh ! recount not the sobs with his sobs that were mixed,
Their anguish would jar the whole soul of the lyre.
But repeat, to the praise of the mighty deceased,
How strangers with strangers, in sympathy stung,
Exchang'd their wild looks of distress, and released
The tear from the eye, and the sigh from the tongue.
Record, to his fame, how his country deplor'd him,
And thousands on thousands his obsequies throng' d ;
How the true hearts of freemen, while living, ador'd him,
And how o'er his ashes their homage prolong'd.
Record, as a lesson to bigotry's dulness,
How Erin's whole isle gave a shriek at his fall,
And drank of the cup of dismay at its fulness,
And, craz'd with oppression, supported his pall.
Record, from the wide world the history gleaning,
The shock that it suffer'd at Canning's decease ;
And bid all its tyrants interpret the meaning,
While man, in their ears, to his manes shouts " Peace !"
Oh ! these were the thoughts at the sad scene prevailing,
As Erin's poor exiles with Italy's wept;
As Greece, by the sojourners here, was bewailing,
And either America* mourn'd that he slept.
" Then rest undisturb'd, the world's blessing befriends thee,''
We cried, as we turn'd, with a last look, to go ;
" Thy fame, like a victor's in death, well attends thee,
' Beyond diminution, as thou beyond woe.
This line must be understood in the sense of One preceding one.
14
" Rest, rest, for thy ashes are nobly reposing,
" In holiest ground, mid'st the chief of thy clime;
" And the bright roll of glory still brighter unclosing,
" Emblazons thy name to the end of all time !"
J. JONES.
{King's Bench Walk, Temple J
Times.
ON THE DEATH OF MR. CANNING.
How vain ia life how vain is human pow'rs,
Opposed to hoary Time's untiring hours !
Years roll along their desolating tide,
Levelling alike the purple and its pride.
Unknown the humble seeks the silent shade,
'Neath the same soil where the lowliest dust is laid ,
And misery finds a halcyon home most blest,
Where dragg'd from home unwilling relics rest.
The bones of Folly here by Wisdom's sleep :
Here Knavery moulders in oblivion deep :
And Honesty and Virtue learn to feel
The solitude ofTimes's malignant seal!
Here worshipp'd grandeur now no more decays
Slumber the love of gain desire of praise :
Hero and Fool, high Majesty sublime,
Mouldering away, confess the pow'r of Time !
Here too, alas ! lamented Genius lies,
As Canning sinks amidst a nation's sighs !
Lamented Canning ! on the golden scroll,
Where Fame illumes the actions of the soul,
And from Oblivion steals each nobler part,
That speaks the spiritual portion of the heart,
Brightest amidst the bright, thy name shall be,
Passport itself to Immortality !
Foe to all fools, thy brilliant wit, forsooth,
Made some few foes foes more in fact than truth
Who, wincing, fear'd yet, fearing, still fool'd on,
As curs well kick'd, still snarl when we are gone !
Man is not perfect on this earthly ball,
And faults thou hadst, yet few they were and small,
Like those pale spots across the sun that stray,
Yet never shade the splendour of his ray,
And only seen in glorious summer hours,
As thine were midst thy plenitude of flowers.
Then let men rail, and the dead lion spurn,
Fearing not now the slumbers of thy urn,
15
Who, while thou lived'sf, ev'n at thy shadow quail'd,
And in their hearts their lurking hatred veiFd.
Pride of thy Country ! meaner spirits' spite
May for a time essay to dim thy light,
Blacken the laurels that adorn thy brow,
Bare thy pure breast with vile unmanly blow ;
Vainly they strive transceudant genius clings
And plumes with glory thy upsoaring wings,
Rob'd with those beams that own celestial birth,
Thy lofty spirit springs inspired from earth,
Leaving for future ages to proclaim
Thy stainless lustre and thy deathless name !
("Abbey Cottage.)
Morning Herald.
ON THE DEATH OF THE RIGHT HONORABLE
GEORGE CANNING.
[ORIGINAL.]
WOULD you know the mind that's gone,
Would you mark each stage of thought,
As the spirit travell'd on,
With a vigour over-wrought
Trace the youth on whose young head
Neither wealth nor titlea shone,
But whose genius round him shed
Beams of splendour all his own.
But those favor'd years, tho' bright,
Brighter grew as manhood came,
And the soul's immortal light
Fed itself at Freedom's flame.
Trace him when, by secret spell,
Fancy to her bowers woo'd,
When with Wit he chose to dwell,
When he mused in solitude.
Thus he gather'd varied lore,
Thus he ponder'd Wisdom's scroll,
Learn'd, with rapture, to explore
All the caverns of the soul.
But if thus his early morn,
Own'd each best and brilliant boon,
Ah ! could Nature more adorn,
More effulgent make his noon !
16
Speak, ye Nations of the Earth,
Ye, who heard his magic voice,
Bid young 1 Freedom join with Mirth,
And each Hemisphere rejoice.
Andes ! from the Western Star,*
Swell the triumph of his fame ;
Greece! uplift the scimitar,
Be your watch-word Canning's name.
Trace him wheref his soul inspir'd
" Thoughts that breathe and words that burn,"
Patient, yet by ardour fired,
Meek in mien, in purpose stern.
There, amidst the hot affray,
In the war of mind with mind,
Held he undivided sway,
Still superior to his kind.
Yes ! a few brief days ago,
He, whose form is now but dust,
Felt his gen'rous bosom glow,
Zealous to discharge its trust
Zealous on a god-like plan,
Despots in their pride to awe,
And a charter gives to man
Reason ! Liberty ! and Law !
Such was Canning ! Fiends, away !
Ye, who brand the mighty dead !
Can ye vex the silent clay ?
Can ye grieve the soul that's fled ?
JOHN AMBROSE WILLIAMS.
* "Andes!" Giant of the Western Star. Pleasures of Hope.
f House of Commons.
London : Printed by G. Scfwlze, Poland Street.
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