Newspaper Page Text
VOI,. 1, Canadian Ui?ht and Catiailian IniUpcmlence. NO TunusiiÈìTBV h. j. Thomas. ( SWANTON, VT. JULY 10, 1S39. kditkd bv canadianss, americana ' ,. i : Tim xmTii Annue in ì im husmk r.vnnv UKDNKSfnY, Vrire $1 50 per un. in advance, or (H) ir end of the yrar, and in likc proportion for fur ther deUnj of pnyment. HISTOKY OF CANADA. (COMTI M F.I.) The nr.'inancc f I7th S"pt. 1764, was an ! s ili adatte! lo the circum- rawv-nf the country, trial even a great numlvr of the English inhabitants joined the French population in remonstrating against it. After the establishment of n Ci vii gov crnment in the Province in 17C1, severa! per som were commissioned n Justicesof ll-.e l'enee in the city of Montreal, and by ni Ordina lice of the Legislative Counril, hearing date I T l September Knme year, they were invested with powers which were never delegated to justices of the Peace in England. Among thosc Magis trate were, Messrs. Dti Calvef, Walker, Dumas, St. Martin, Livingston, Knipe nnd Lambe. Tliis magistracy was favorably regarded hy the penale at large. The new mnristrates nuiong other things were very mudi upposed lo the numerotis &. insufTer !'' oppressions hv the office rs of the Army who were cantnning their soldiers in lhe limine; of the inhabitants of the city. Th(. fdìeers had oflen ni ade dm of this privilegp, t gratify their ma'ice and their hatred, or t extorl money from the peple. They K'-n t drunken and qnarreUome snldiers lo lodge in the house of honest (amilies who r.inlil noi gel rid of them hut hy the niost h'Mnhle supplications or hy giving six or i i.'ht li dlars a monili to pay the lodgiug of t!ie soldiers al another place, to which con diti ni the canadian families were very gla-I to por.forni themselves raiher Ihan see tln ir furniture, provisions and even the inmates of their houses exposed to t! e rapacity and insolentii of guidi hosts. These were the tthuses the Magistrates "!!o(srd. Mr. Walker forme J a pian of crit ning poldiers by which there could he n more than one or uva soldiers at a tuiie in the nme house, inslead of fi ve or k;x a fornierly. l i N'iivember 1764, the MagistrateR were calleJ to decide upon oneof the many r i" of milita ry vi ilenec. Capt. Fraser ha! heen cantonedby Colonel Christie in the liousf of Mr. Reatini? of Montreal. S une other arrangements having taken place in the fall, Mr. Reatime thought that his turn had pased end invited Mr. Knipe ne of the Jtitices of Peace, to nreupy ns lessee the rooms where Captain Fra rer had heen lodginsr. Bui Capt Payne to.)!; pKession of these roouis in the nanie of Capt. F., the latter saying 1 1 at he had a rijht toocenpy linose loduinss again, if he pleaed, in perso or by proxy. He then refused lo give tip the rooms tn Mr. Knipe, who helievinff that Capt. Frazer had no righi lo put another one in Im place to occupy Wie rooms, wrote to Capt. Payne who answered his letter in an insolenl rnanner. Mr. Knipe then addressed him eelf to his colleagues the Justices of the l'eace and Messrs. Livingston, Dumas and Walker hetd nn assembly in Mr. Rea'ime's house end it beini clearly pro ved that lonj before Capt. Payne had ìa ken possesion ofthe rooms, Mr. Reaume has leased them to Mr. Knipe and that Capt. Frazer had no tight to them, itwas decided that Capt. Payne should leave the i jirenii-es. Another Justice of the Peace, wìili Mr. Lambe, sigmd an order to ihat efiect. The next day a BaiìiìTbhovved the order to Capi. Tayne, he neither niade h'm a prisiner nor did he teli hìm any thir.g ti that piuport. Cajt. Payne witb the intentin of irritatine the mililary and pushing them to acts of violencc against Mr. Walker, insisled on going io jail an.l force! ihe Baili!! to take liitn increto. The jailer would not receive him, Capt. Payne liiwever iasisteJ and he was incarcerate The Justices of the Peace, as soon as thev hesrd lhi news, sent back the Railifl"; - - I ' ; t i teli Capt. Payne that he was noi a pri- been so severe that the buckle was bro-jsaid on their oath ihat they baj reccgr,iz ner, ani that uch hai nerer been theirjken. Whiìst he was yet senseless on the j ed Capt. Disney and that one of the ac- interaion, and at the game lime they seni J hini a ticket (or lodgings at Mr. Croptorrs house which wa the het Hotel in the city, Payne took no no fu-e of their olìVrs, but remainetl in jail; and lo make more noise, he had recourse to a wril of II abeas Cor pus, and ihe Chief Jusiice ofthe Province bel hiin at liberty. i When the public became arqnainted with the faci that Capt. Payne had heen alone the instrument of his own incarcer Htion which lasted only a few days, the Captain wa exposed to the scorn of the whole community. This irritated him somucb that heresolved to take vengeance ob the Magistrate, and more particularly or, Mr. Walker whom he intcnded lo mark ani disfigure. Tothiseflect he employed smiesiddiers aniong the most brutal nnd the niosl determined of the 5lh Regt. un der the command of two serjeants camed Jkas and llogcrs. (in Thursday, the Gih Decemher, 1764, ahout three rjunrters jast eight o'clock ut night Mr. Walker and bis lady were ta kiug llieir tea, when they heardanoise at the door and at the sanie lime saw some people trying to enter the house.Mrs. Walk er saw them first and as their faces were blaokened, he cried out, " Good God ! What ii that? Murder! Itisthearmy which is coming to take vengeance upon u.s." The door was irnmediately broken open and the brigands entered. Mrs. Walk er recognized Capt. Disney ofthe 44th. Ree. &. Town M?jor of the City of Montreal, al lindigli his face was covered with black c-rape. Mr. Wa'ker, who had his back to wardrf the door, turned lo look at tiie intru der and also recognized very easily Capi. Disney. Mr. Walker received a blow mi the forehead with a broadsword, and the blow was so severe that Mr. WalkerV ser vani thonght that his master was kiiled. Stili Mr. Waiker did not fall to the ground, but recollccting that his arms were in bis bevi room, he tried to go thither and threw biniself into an adjoining room, at the sanie .1 timehe receive.l so man v wounds from 5 or six ofthe a-iSEssins ihat he could not reach his lied room, hut fell on the floor, literally tswiiiuniiig in bis own blood. In this sito, ation he received more wounds, which were inllicted on bis body with blud geons and sharp instrumeuls, and more particularly a very dangcrou3 wound on the left leg, which it was afterwards proved, had heen inflicted by a blacksmith named Clarke, who had an irò bar in bis band. Mr. Walker reniained in this eituation ahout half a minute wilhout his ensest but the fear of an immediate death roused him and he made u p bis mimi to struggle with his tiuirderers, or at least to sell his own life as dear as iiossible. He heard a voice from amoiiff the assassina saving "D d Rascal, let me approach him and I sitali soon put an end to bini with my (sword. " Mr. Walker then looked at the place, from whence the voice proceeded and thought he recognized Lapt. Disney. Ile saw two nien advancing towards him, one had a pistol an.l the other a short sword which was pointed towards his breast. Alihough Mr. Walker had no arma whatevcr, he made use of his fists and was fortunate enough to disami the otlicer who had the sword which he irnmediately seized in his turn, but he was very soon overpowered by numbers and the sword was wrested from his bands. One of the assassins seiz ed him by the throat, Mr. Walker did the sanie to him and tried to get near the chimney so as to take hold of the thovels or some other weapon to deferiti biniseli. But he was irnmediately seized by the legs Foresi Oakes, Jacob Vanderheyden, John and they iried to throw him on the fire in j Dumoulin, Jonas Desauts, William Wier, the chimney, be collected ali bis! Samuel Holmes, James Morison, John sirengih and graped soviolently the man-ÌNeagles and George Voung. The Grand ile piece that thev could noi succeed in their abominatile and cruel design. At ibis moment, he received a deep and dangerov.si wound on the lefi side ofthe head and fell senselesson the fiivir; there he received j another violent blow on the small of bis back which would bave been hroken, ! trymao ol theirs, wno nau been tl.e victtm had it not lieen for a large i!ver buckle beofbis uprigh!eocsnes and loveof equal wore on bis naniahions. The blow had lloor, one ofthe 8assinsjuinped n his tight hide, cut olfhis iil'1 car anl tried to cut his throat, but he was prevented from achieving this last borritile deed by ihe Constant strbgglcu anl t-lTits Mr. Walker made to secure his life. One of Mr. Walker's fiiigers was cut to the bone by the instrument with which they tried to cut his throat. The neihboihood began to he alarmed and the b-hhsÌi.s were foice.l lo leave Mr. Walker wh 'in they thouglil dead or at least niorlailv wounded. One of the BiMasxins was iieard enyinff " the (j ti rascal is deaJ " and another " we bave done with him now." Two nien in disguise with their faces hlackened look Mr. Walker's rar toLieut. Totteiiham's house, threw it on the tabie and said it was Judge Walker' ear, bui it does not appear that he made the slighteot edort io arresi the culprils. Lt. Tottenham cnveloped the ear in a piece ol paper and sent it to General Builon, who sent i: to Mr. Lambe, one of the Justices of the Peace. Durine, the lime ihese horrible scenes were enacted in the inside of the house, Mr. Walker's Family was exposed to the l'er(H'ity of those bloodhounds in the yard hehind the house. Mrs. Walker, Miss Hrard and Mr. Tilly, who was Mr. Walker's clerk went and hid themselvea in the yard, uni il the brigands retired. Mr. Tilly while esc a pine, received three severe wounds with a sword, but at last hegrap. ed one ofthe assassina, whom he threw oul ofthe window and esca peti into the Street with live or eix of the bcoundreU running after bini; they did not succeed in oveitaking him however. One of ihein was heard saying to the other, " Devil, (ire on him, don't let bini go." Guillaume Foiitaine, (ine of Mr. Walker's waiters, was aUo chased by tliem, he jumied over he pallerv aiiil received a blow which cut his clothes but did not wouud him. Such was the horrible ncene , which took (dace that night at Mr. Walker's house. On the lOih dayof the Baine month.Gen. Murray who was then the Governor ol the Province, issued a proclamation in the " (Jnehec Gazette" ofl'ering a reward ol $800 to any one who would discover the perpetrators of such a cruel deed. Nearly twovears after, Captain Disney ofthe 44lh Regi, and Town-Major of the citv of Montreal was arrested with Capt Frazer ofthe 60ih Regt. (who afterwards was named one of the judges ofthe Pro vince and who was oneof the persecutors ofthe unfortunate Pierre Du Calvet,) as also three others concernei! in this murderous adair. Their trial took place at the Supreme Court held at Montreal from the 23 th February to the llth of March 1767, under the superintendance of Mr. Hey the Chiel-jutice of the Province. Capt. Disney and bis accomplices were arraigned for burglary with intenlion of murder. The Grand Jury which was composed of the following persona reported a true Bill against Capt. Disney and the others ou an Indictment filed against them by Mr. Masetes the Attorney Gene ral of the Province. Messrs. Mckay, De St. Ours, To.ld, De Bellestre, Matterell, De Contrecuur, De 'iverville, Lynch, De Labruere, Livingston, Joudan, De Normanville, Hazen, Daiìieh )ut,Porteous, Dumas, Grani, Matber, Baillie and Jenni son. The petty jury before which the cause was argued and who finally acquitted the prisoners, were Messrs. Thomas Cox, Ramile Meridith, Alexander Patterson, j Jury was a mixed one and a true bill was foun.l against the pnsonerg, but the pett;. jury was exclusively formed of foreigners, j more attached to the honor of the Engu'sh I army than disposed to render jusiice to an j oppressed, ili treated and mulilated coun- mstice. Alihough .Mr. anj .Mrs. aiker complice who hai! turnrd King's ev i.lence, ! icres and two shilling of annusi rent lor swore that Capt. Disney was the one whoUvery hu tui reti acrcs, the said rent to bc- had said " danuied rascal, It t me approach him and I shall soon put an end to him with my sword," alihough this sanie ac complice hal sworn to the !act thal he had heen enticed to join this munb-rous crew by Capt. Disney, I.ieutenant Tottenham and Simon Evans, and thal it was at the solicilation of Sergeant Meas that he had gone tosee these genilemen, and that they had formi bini lo take an oath never lo dinclohf any thing about ibis liaiihactiou; a'though it was clearly proved that it was Serjeant Meas who with a hatchet gave to Mr. Waiker a blow on the head, and that the one w ho inflieted the wound on Mr. Walker's back as t,aid before, was a man named Donelley who had boasted of il in Mr. Walker's own presence and that it was Sergeant Rogers who had cut the ear, ali these testimonies were of no cunse- quence in the even of the petty jury who valued so highly the honor of English orli- cers. l ne pnsonners were nonorattty ac quitted of ali aecuations against them. TheBold'er named MacGovcck who had turned King'a evidence had also said on his oath that after he had taken the oath administered to him hy Capt. Disney, he had heen introduced into a room where were the Captains Campbell and Frazer, Lieuteuant Colonel Christie, Monsieur St. Lue Lacorne, and Mr. Joseph Howard.. Mr. Du Calvet informs us in the preface of his excellent memoir that ali in- (juest and discussion about ibis unlortu- nate husinetis was stopt in the public prinls of Quelle by order of the government bo as t proiect the honor of the military body. Thus as early as I7C7, parlial jiirien could be found in Canada to proiect the mililary in their tìespotic ami niurderous design. This nad ex ampie of corruption in juries has never since been lorgotten in the Colony, and webhall bave occattion in the course of tl.is history to bhow that more th'au once they had reco ur se tomotk trials or to a total denial of justice, to se ree n the military from punishment for their nn- j ust infriiigemeiits of civil law. Wemust now return to the introduction of English laws into the Province. The first sesion ofthe Court of Common Pleas wai held on the 21st January 1765, in the Council room. On the 23rd day of Uaine monili an order from the Court was sent to the JJaiiills and uiider-bailins to prepare themselves for the discharge ol their duties, by taking the oath of office before one of the Justices of the Peace in their neighborhood. The Canadians eoon opened their eyes to the real state ofthings and it was not long before a great number ol the Lnghsh themselves saw tlieevil reeulting from the introduction of the new laws which were superior to the French laws in no respeetsave in crimina a tul commercial cases. A good number of the English population, even as early as 1765, joined the French people to petilion the King to bave a House of Assembly which would consult the wants ofthe pul lic ami would enact laws lesa repugnant and more congenia! to the desire anu wel fare ol' the Canadians, ani! would thu cairn the anxiety of the people. Such con ducton the part of the King according lo ihe petitioners would be but an act oj' justice which would contribute to preserve the Colony to the Mother Country. This petilion, like many others in after-lime, was disregarded, and Canada continued to he governed by laws of which the peo ple dnderstood r.otbing. Onihe Ist March tif the sanie year, Governor Murray issued a Troclarnation i government, are a frugai, industrious and tomakeknown the terms and conditions j n rare of mn; w'n om the just and ,. . , . ,., , ,. , ., , miM treatment thev met, with fiorii His under wh.ch land coidd be obtamed m the, M3;t.,ty,8 niili.arv-oJnceM wbo ru,,(1 lhe Province. W e sball bere give the comli- ; country for four years, until the establish ti'Mis which were then announced, becaustv ment of a civil governnient, had greatly we shaii bave occasi . n to speak of the ex- ; e"1 lhe ,t,er f,f ,he natior.nl antipathy , .1 i - . , i thev had to their conquerors." cess.ve waste and robbenes wh.ch took ..They con9Ì(it ..f', A-oWww who are place in the distribution of public lands. numerous and who piqué themselves open Those condiiions were that a man with ajthe anti.juity of their families, their own familv could bave 100 acres of land and i In';itar.v ,or.v cnJ that of their ancestors. fiftv acres for each member of bis familv, $ohlette are, Saeur$ of the ..... . . ' whole Countrv, and thougn noi neh, are onpaying Cve s!H.ìing3 to the Receiver I in a e;taationìr. that plentiful part of the General of the Province for every Cfty worid, where money is Ecarce and luxurv gin two years after the date of the con- cesvon; als' with the obìigation on ilio par. o( the granlee to clear and cultivate threr acres of land for every fifty aerea, Isolo build a house 16 by 20 feet, and to keep three horned calile. In June 1"G6, General Murray being recallul, tailed for England. He had gainedthe animosiiy of the military party in Canada, whom he had stopt frequently in their vexntious conduci towards the people ofthe Province. Alihough he had acted verv severely with the Canadians uring his military reign at Quebec, yet ie very soon by his good tleportmeut to wards them as far as he could act personal- ly and not in contradiction to tbeorders he received from the Home Government, and also by bis Constant opposition lo the glaring inliingcmenia ofthe mililary body, acquired to a cer'.ain exlent the good will . f the mass ofthe people. We give below a letter which this Gov ernor wrote the sanie year that he was re alled, to the Ministers in England. In that letter which we finti very correct in the greater part of ita conients, he givea a true picture of those new conici to the Prov ilice m! alno ofthe Catholic Clergy, who are at this day as they then were. He speaivs ot tiieloulaml can(lalous conduci f the English lawyers and ofthe Chief Justice of the Province, and sdiows how the uhlic ofiices were then disposed of lo lini lighest bitlders wilhout ever requiring the necessary tjualifications. He clearly dem- - nistrates to His Majesty's Ministers the icavy taxes be was forced to impose on the poor CariadiatiH, by their eppecial in- Ktruciious, l'or the administration ol justice. le fiuishes bis letter by avowing that bei the warm friend of the brave, hardy and grneroi: Canadiaiii, for whom he says, he is disposed lo Buffer any ihing. General Murray's Itlltr lo the Lordn LommìHisìoners oj the department of of Trade and l'Ianlalions. "Mr Lords, Bv the letter of Mr. Con- way the Secretary, of the 24th Oct. 1764, I received orders io !ie prepared on my return to England to give an exact and faithful account of the act uà! state of the Province of Quebec, of the nature of the disorders which bave therein taken place, and amo ol my comluct and proceetlings in the administration ofthe Government." " In compliance wiih these orders 1 bave lite honor to make the following report : " lt consists, ol 1 10 parishes, exclusive of the towns of Quebec nnd Montreal. l'hese parisries contain 9,722 houses and 51,575 cbrisiian souls ; l Lev cmitafn, of aratile land, :(55, 54 arpents. I hey sow- ed in the year 1705, 18O.S0O 1-2 minots ofgrain, am! that year they tossessed 12, 546 oxen, 22,721 cows, la. 089 young hor ned caule, 22,064 sheep, 28.976 swiue and 15.757 horses, as appenrs by the census taken in the year 1765." " The towns of Quebec nnd Montreal contain about 14,700 inhahiiants. The Savages, who are calici! Roman Catholics, being within the limits of the Province, consist of 7,400 Souls, so that the whole esclusive of the King's troops amounts to 76,275 Souls ; of which in the parishes are Nineteen Protestant faniilies ; the rest of that persuasion, (a few half pay officerà excepted) aretraders, mechanics and pub licans who reside in the lower towns of Quebec and Montreal. Most of them were lollowers ofthe army, of mean edu calion, or boltliers disbanded at ihe retine tion of tronjis. Ali bave their fortunes to make, and I fear few are solicilous alout the means wbereby the end can be attained. I report ihem to he in general, the must immoral Keleclion of rnen I ever knew ; of course little calculated to make the new subjects enamored with our laws, rcligion ami customs ; and far let-s adapted t) en force those laws which are to govern." " On the other band, the Canadians, ac cu?tomed lo arbitrary nuda sort of militarv t H 1 ' ! iì ! t -t ì t i J,f i 1 i