OCR Interpretation

North American. (Swanton, Vt.) 1839-1841, July 10, 1839, Image 1

Image and text provided by University of Vermont

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86086342/1839-07-10/ed-1/seq-1/

What is OCR?

Thumbnail for

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.
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.
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
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
1 '

! t -t
ì t
i 1

xml | txt