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North American. (Swanton, Vt.) 1839-1841, July 31, 1839, Image 1

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VOI,. 1,
Cannriiaia nielli .nid C'.madian Iiuh-peiM.enci'.
NO. 17
piiìlisued uv n. j. tiiomas.
SWANTOX, VT. JULY31, ISSO.
l'.DITr.!) P.Y CANADIANS & AMEItICANS
Tilt: NOKTJI AMFKir.W
ih rri isHKD i:vi:nv wr.jMrAY,
Vi ice SI per ndvmicc,
or sj 00 r7 end of the ycar,
muì in Hf:c proportion for flir
tili r dtìny of pmjmmt.
Vv CALVKT'.S MEMOIR.
Ti aw-oUd for Hit otth Jmrricun
((OSTINI i: n.)
l'.vtr.vi f Mr. I)u Ca'vet's lelter to t'.ie
rnrR''iiniiN.
Ilc-torl ivi:!i iti thousand longucs had !
ir ral the news that my seigt.iory nt Da-1
vi-I's rivrr was a receptncle io r pro isions j
".ir the American; J 5TM) oxen, n similar
nnmber f hog, 30.000 bus-heU ni wheat,
were there HepoMied wailii c for the arrivai
of the Bostoniani ih ronzii the woods
Capt. LeMailre, Aid-de-(.'amp to General
Haldimand :i!il Mr. Gray a Jtistiee of the
Pence, were ordered lo go nriil take pnsses
nion in the King1 name of the preri .;t;s
depot, then of gie&t value lo t he Brilish.
They visited my mille, tny stores, barn,
in a word ali my properly where 1 could
bave conrealed this considerale eupply;
tìiey found but 24 liitlp pigs beionpiitg lo
the men in my etnploynient ; nnd the
3't,0('-0 hushels of wheat nere reduced to
ìih nit 100, which were the proj-.ue of jny
"ininrial duee. Disappointed in iheir ex
.."ctnii(ipa, the commissioners proceeded tu
n i auliientic irquest al the house of the
C:ipl:on of Militi at Mus!;a, the tenants
! my seigniory ere cxamined and they
wii i were the- ocular witnesses ol my
c m liict, cave a jvst tribuleof respect to
:ny persoti, nnd they extolcd my disin-l'-resleilness
and honesty.
I.n.sin neaily n!l hojies offindinjj any
thiii' unlV.vorahle ngainst ine on the spot,
mi.! dehirinj to prove me cuilly, they
w-iit l'or proofs aaainst me in a place
.vi.i're I v.aa hunUy known. Voung:
! it had been arresled wliilst he was leav
ma the Province, sceking in flight, tbe
seniriiy nf bis wavering personal liberty,
li, ere beinj a warraiit of arresi issued a
gaiiibt bini by an inexnrable rrediior; o I fi
nis of the li ij; liest graiie beiieved they
were not comuomisinir tlieir honour in
trvinjr to take advantage of bis pood faith
in iliree successive in'.errogatories, and to
cxlort evidence aainst me by raptious
questions and even fraudulent asserlions
asto my pretendeii execution on a gibbet.
The prisoner who was more friendly to
trulli than to bis mvn personal liberty, dis
daiiiin? bis liberalion a', tbe expenne of my
innocence, coulJ not he brought by ali tbeir
anifices to compromise me in bis leaving
the Province, of which he swore I could
fave known nothing.
His own father when at the jailjoined
my enemies not bovvever wishinsy to sub-
rne the probily of bis son wboni he liad
honestly brounbt up, but to jiress liim to
reveal sudi information ns might Pct
hini at liberty; but the prisoner always
remained finn in bis first atlestations whicb
aiisolved me from ali participation in
hi flight. Since then in j.resence of wit
nrsses he basgiven bis wriiten certificate
if the interrogatories put to him, and tbe
nifurin answers be llien pavé, to whicb
he iliade niost soiemn oatb.
Mr. Lr.vesjue one o.' the mosi re?pec-
tab!e citÌ7.enn of the Province, desirous of
obtaining my liberty, solicited my libera
lion just at this favorable time wben the
f te of HTsecution had brought the caini in
Gen. llaldiinand's mind. My wise friend
Mrengthened bis repeated demandi by of.
loritig t ) be bimse.f rny bail to the amount
f any sum whatever. The Governor
was then holding his Uree. He subscrib
' J obligingiy to the deman i of my good
friend. HecalleJ immediately his Aid-de-Cmp
Mr. IM altre, wbom he ser.t in Mr.
IKvesque's company to the Lieutenant
Governor Mr. Cramahe tosignifv to bini
the order to dravv the obhgatory act which j ,.,;s con.inent, bave thought proper to ad
was immediately to precede my ìiUration. I dress your provir.ee, as a men. ber therein
The Lieutenant Governor mei this demani
wah enthusiajm and exiacy, which fiere
Vis:b!e in thoe transjvuts of joy so naturai
a kind beart al liberty to act accorjin
toit$ own feelinzs. " Trolv, said be, I am
vrry fiad oli., for it was hamefu! ta keen i
-
a man likc Mr. I)u Cnìvct in jai! and wilh
out knowing for wl.at. l'ut unlortunate
ly he was busy enl the transaction was
postponed li!! the r;ext Jy.
At ilio appoir.ted time Mr. L'Kvmjue
went to Mr. Cramahe's fci!icc wherein
concert wilh Mr. Dunn a personale "f
rank in the Province, the obliantory net
was (irawn; they went into Mr. CrimiaheVs
room to sign tlie document in bis presence
ani! to pive to it
I the legai forni, bui
wl'St
was their astonishnietit when il. e
Lieutennnt Governor toh! them tbat rny
liberalion was rio more lo he talked of, as
ihe vcaihercnck had turned and that he
had receivcd a countermand Croni the
Governor.'
'J'he following Snnday, lOth Dee, 1730,
Mr. L'Evesque found out the secreto!
such an order, the Governor was then
holding a levee in great blyle. " Mr. Du
Calvtt, naid Ilis Excellency ro Mr
fi'Kvesque, bas had tbe audaeity of ad-
drecsing me an imperlinent lelter, I fchnll
learn him wbetherlhat be ihe manner oj
writingto a persoli ofmy standing, and I
shall force him to alter his tune." Mr.
L'Evesque then to!d bim " 1 bave read
the lelter and I could ne ver bave imagined
ìhfit it wus 6iicb as to irritale and oll'end
your Excellency; after ali some iriegulari-
ties ougbt to be pardoned in a man who
sees bis grave grndually opcning every
day by the borrors of a dungeon, and bis
fortune fallen to ntter min by want of pro-
pcr atteiìtion and by hìx absence from
home." Mr. Panet a Prendi lawyer
sinre then a Judge of Common pleas,joined
Mr. L'Lvesque in this plea in favor of
Bti.lering huinanily. Provoked by these
iiolicitations whicb were in direct coniradic-
lion witli bis own feelings, the haughty
Geneial Ilahlimand become furious and
anwered them insultingly " I do not need
your counsel, I alone bave the rigiit and
power to judge and 1 fchall proceed as I
tbink proper."
(To bf Continutd.)
IIISTORY OF CANADA.
(continue.)
The time had arrived, when the Ameri
cana thought it as we!l tbeir duty as their in
terest, to nominale delegates from eacb col
ony, to discuss their rigbis in a common
Council, whicb was to take such steps as
niight be deemed necessary to remove ali
the abnses and vexations of which they
had for score of years complained in vain.
In consequence of this understdnding od
their part, a Congress of the rnembers elec
ted by the 6everal colonies met at Phila
delphia, on the 5ih September 1774. On
the 21st of October follovving a resolution
was passed to name a committee to prepare
an address to the people of the Province of
Quebec. Mr. Lee, Mr. Dickinson and
Mr. Cuàhirig, were clccled rnembers of the
committee to prepare this address. On
the '24ih these gentìenien reported their
address to the Canadians, it was read and
recommitted. On the 2Ctb, Congress
adopted the folloiving address, whicb we
think it our duty ti transcrihein this place,
to show that the Americans wi'l under
stood the abject politicai posiiion in
whicb the French Canadians were jilaced.
TO THE IMI ABITANTE OF TUE PROVINCE
OF qCEEEC.
Friend anrl Feltrili Siihisrli- We. ihp
delegates of the colonie of New Hamn-1 1,,',s nnt, their verdicl may lorm a prece
shire, Massac husetis Day, Uhode-lsland Jen: thnt " a siilar trial of their own,
and Providence Piantations, Connwiicul,
New York, New Jersey, Pennsylvania, the
countiesof New Castie, Kent and Sussex
on Delaware, Maryland, Virginia, North
Carolina and Sontli Carolina, deputed by
the inhabitanis of the said colonies, to re
present them in a general Congress, ai
Philadelphia, in the province of Pennsyl
vania, to consult tojfther, concerning thij
best methods to obtaii: redress of our af
flicting crievances ; having accordingly
assrmbìed, and laken intoour most serious
deenlv interesled.
Wben the fortunet of war, after a gal
lar.t and glorious resistance, had ir.cor o-
rt vou wiili ih-k'v ol rncrlisli sn :
iecls. we reioire in the trulv vaiualde a.!-1
jdiiion. both on oar own and your account;
j j -
r,;l'erl",L' 83 r ,urEg"- aRJ genero.- are
naturali cr.itec, our brave enemies. would
becume otjr l.early ftiend.s, and that the
Divine ìe:n?, woi;!tl hles lo you the dis
peiisations ol bis ovrr-ru!ir.g jr ivlence,
by seenring to you, ai;--l yur !ntet postt r
ity, i lu inetiti:slde adviintages of a ftee
I".ng!ih coililuiion of g'ivrriiiin'iit, which
it is the privilege of t!l English subjects to
enjoy.
'1 hese liopes wer." confirmeil by the
kinsf's proclamalion, issued in the ycar
1703, plighting the public faith l'or your
full eiijoyment of those advantages.
Little dii) we iniagine that any succee!
ing ininisters would so audacioiihly nnd
cruelly aht):.e the rr.yal imthoi il v, ns lo
w'nhhold from you tbe fruition of the irre
vocable rights, tu which you were thus
justly erititled.
l'ut since we bave lived to see the uti
expected time, when minisiers f this f!a
gitiou temper, bave dared lo violale the
mo.st sacred cnmpactB and oliligations, and
as you, educatali under anolher forni of
go ernment, have artlìilly been kept from
discovering the unspenkable woitb of that
forni you are now undoubtedly tri li lied to,
we esieem it onr duty, for the weighty
reasons herein-afier mentioned, to explain
to you some of ils most impoi tant brandi
es.
" In every human society," says tlie cel
ebrateli Marquis JJeccaria, ihere is an
clfort coniinually tetiding to collier on one
part the heichth of power and bappiness,
and to reduce the other to the extreme of
vveakness and misery. The inlent of cood
laws is t oppose tiiis ellort, and lo di tinse
iheirinfiheiice universa'ly and equally."
Itulers siiinulated by this peinicious
"efFort," and suhjects animaled by the
just " inletil ol'opposing good laws against
it," have occasioned that vast variety of
eveiits, that fili the histories of so many
naiinns. Ali these bistories denionstrate
the truth of this simjde position, that to
live by the will of one man, or set of men,
is the production of misery to ali men.
On the boiid foundation of this princ.iple,
Englishineii reared up the fahrick of their
conslitution vvith such a strength, as for
aees to del'y time, tyranny, treachery, in
ternai and Ibreign vvars : And,as an illus
trious aufho! of your nation, herealter
mentioned, observes, " They gave the
peojile (' their colonies, the forni of their
own governnient, and this government car
rying prosjìerity along with it, they have
grown (jreat nations in the lorests they
were eent to inhahii."
In this forni, the first grand right, isthat
of the people having a share in their gov
ernment, by their representatives chosen by
themselves, and in consequence of being
ruled by laws which they themselves ap
prove, not by edicls of men, over whom
they bave no control. This is a bulwark
surrounding and defending their properly,
so that no portions of it can legally be la
ken from them, but with their own full and
fiee consent, when they in their judgmeul
deem it just and necessary to pive them
for public services, and precisely direct tbe
easiest, cheapest, and most equal methods
in which they shall be collected.
The influence of ibis risjht ex tenda stili
farther. Jf money is wanted by rulers,
who have in any manner oppressed the
peojile, they may retain it. until their grie
vanc.es are redressed ; and thus peaceably
procure relief, without trusting todespised
pelitions, or disturbing tlie jiublic tranquil
ity.
The next great rig ht is that of trial by
jury. This provides, that neiiher life, lib
erty, nor property, can he talo-n from the
possessor, until twelve of his nnexceplion
able countrymen and peersofbis vicinage,
who from that neighborhood may reason
ably be sapposed to be acquainted with bis
character, and the character of the wit
nesses, upon a fair trial, and full enquiry,
face to face, in open court, before as many
of the people as choose to attend, shall pass
their sentence upon oath against bini ; a
sentente that cannot injure him, without
iniuring tbeir own reputation, and proba
bly their interest also ; as the question
may lurn on poinis, that, in some degree,
concerti -the general welfarr ; and, if il
mav militate against themselves
Anolher right relates merely to the lib
erty of the persoti. Il a subjecl is seized
and impris oned, though by order of gov
ernment, be may, by virine ol this riiht,
imniediatelv r.btain a vvrit. termed a fifibra
torpu, from a jude, wbose aworn duty il j -'n f tbe world, by becoming tools, in
i to grant it, and thereupon procure any their bands, to assist them in taking that
illeeal restraint to be quicklf enquired into, i ' Veed p from us, which they have treacher
and redressi-d. I ously denied to you; the unavoidable con-
fourth neh:, h That ol holding landa :
by the tenure of easy rents, and not by
rijorous and oppressive services, frequent
ivi forcing the possess rs from their families
and their business, te perforrn what ought
to be Ione, in ali well regulated states, by
men bired for the nurr se.
The hst ri?ht we shali mention reards
treedom ol the press, ine unportance !
. . ... .... . "
ims consisN. besides me aav ancement ol .
truth, science, morality, & arts in general, l
in its ilitTusion of !'ln-ial sentinients on
the ailiiiiiiistai ioti of co enti) ci !. i:s ren
dv rommiiii'catioti o ihourlus betwern
suhjects, and ili conequi-ntinl promotion
of union amotìg them, wbereby oppressive
oflicers are hbamed or intimidateif. into
more bonorabie and just modes of r.onduc
tinrr nfi'aiis.
These are the invalnahle rights, that
forni a considerable pnrt of our mi!d svh
lem of government ; that, sending 'its
cquitable energy tbrotigh ali ranks nnd
classes of men, defends ihe poor from the
rich, the weak from tbe powerful, the in
duslrioii from the rnfinciouR, the peaceiibìe
from the vioient, the tenants from the
lord, and ali from their superiora.
These are the rirglits, without whicb a
people cannot be free nnd happy, nnd un
der the protecting and cncouracing influ
ence of which, these colonies bave hitberto
so ama'.ingly ilourished and iiicrease.l."
These are the rightP, a profiieate ministry
are now striving, by force of arms, lo rav
isb from us, and whicb we are, with one
mimi, resolved never to resigli but with our
lives.'
These are the rigbts you areentiiled to,
arid ougbt, at this moment in perlection,
to exercise. And what is oflered to you
by the late net of parliament in their place ?
Liberty of conscience in your religion ?
No. God gave it to you nnd the tem
pora! powers with whicb you have been
and are connected, fìrmly' stipulated for
your enjoyment of it. If laws, divine and
human, could seeure it ngainst thedespo
tic capricea of wicked men, it was secured
before. Are the Prendi laws in civilcases
restored f Itueemsso. But observe the
cantious kindness of tbe ministers, who
pretend to be your benel'actors. The
words of the stnlute are thnt those "laws
" shall be the rule, until they shall be vari
" ed or allered by auy ordinances oftbe
governor and council." Is the " cer
" tainty and lenity of the criminal law of
" England nnd its benefits and advanta
" ges," commended in the said statute,
"nd snidato have been sensibly felt by
ou," secured to you nnd your desceri
dants? No. They too are subjecled to
arbitrary " alterations" by tbe governor
and council; and a power is expressly re
served of nppointing " such c.ouris of cri
minal, ci vii, and ecclesiastical jurisdiction,
as shall be thought proper." Such is the
precarious tenure of mere will, by whicb
you hold your lives and religion. Tbe
crown and its ministers, are empowered as
far as they could be by parliament, to es
tablish even the inquisition itsell amoii?
you. Have you an assembly comosed of
woruiy meri, eiecteu Dy yourselves, and in
whom you cari confide, to make iaws for
you, to watch over your welfare, and to
direct in what quantify, and in what man
ner, your money shall be taken from you?
No. The power ofmaking laws for you
is lodged in tbe governor and council, ali
of them dependant upon, and removeable
at the pleasure of a minister. Uesides,
anolher late statute, made without your
consent, bas subjected you to the imposi
tions of excise; the horror of ali free states;
thus wresting your property from you by
the most odious of taxes, and laving open
to insolent tax-gathersrs, boùses, the
scenes of domestic neace and comfort, and
called the castles of Englisb suhjects in the
books of their law. And in the very acl
for altering your government, and intend
ed to flatteryou, you are not authorised to
" assess, levy, or apply any rates and taxes,
bui for tbe inferior purposes ol making
roads, and erecting and repairing public
buildings, or for other locai conveniences,
withinyour respective townsand distriets."
Why this degrading distinction? Ougbt
not the property, honestly ncquired by
Canadians, to be beld as sacred as tbat of
P-nglibhmen? Have noi Canadians sense
eneugh to attend to any other public af
faire, than gathering-stones from one place,
ana piiing meni up in anolner? Un
happy people! who are not only in
jured, but insulted. Nay more !
With such a superlative conternpt
of your understanding and spirit, bas an
insolence ministry presumed to think of
you, our respectable fellow-subjects, ac
cording to the information we bave re
ceived, as fìrmly lo persuade themselves
that your gratitude, for the injuries and
insults they have recently oflered to you,
will engagé you to take up arms, and ren
h-r yourse.ves tlie ridicule and detesta-
sequence oi wiiicn attempi, iz succeess.-ui,
would be ibe extinction o( ali bopes of vou
or your ji.sterity being ever restored to
freedom: Por idiocy itelf cannot beiieve,
that, w.:en their drmhjery is jierformed.j
they will treat you with less cruelty thanf
they have us, who are of the sanie blood j
i :
with themselves.
H-l .. IJ - . . -V
"- wouiu uui iuuiij man, ire un-
h -jh.i .uumu.cu, c-,u iu uui a
pian ofdomination, as bas been framed forj
ou: near ina woras, vvitn aa intense-'
ness of iboughl Euited lo the importance '
ofibe Fubjecl. "In a frre state, every
man, who is buppoml a free agent, ought
io be coiicerned in bis own eovrrnment :
'l'herefore the lesihlative should reside in
tl e whole body of the people, m tbeir re
presentative." " Tbe politicai liberty of
the fiuhject is a tranquility of mind, nri
i ti g from the opinion eacb person bas of
his salety. In onler to bave this liberty,
it is requisite the government be so
c.oustittiied, ns that one man need
not be alraid of anolher. Wben the
power ol making laws ami the power
of executing them, ore united in the sanie
body of inalisi ratei, tbere can be no liber
tv; because npprehensions mny nrise, lest
the sanie monarch or minte should ennet
tyrannical law, to execute them in a ty
ranroca! ninnncr."
" The power of judsing should ho ex
ercised by persons taken from the body of
the people, at certain limes of the year,
and pursuant to a forni and manner pre
scrihed by law. Tbere is no liberty, ir t ho
power of judging be not separated from
the legislaiive nnd executive powers."
" Militnry men belong to a profession,
w hich may he useful, but is often dtinger
nus." " The enjoyment of liberty, nnd
even its support and prrservation, consists
in every man's being allowed to speak bis
thoughts, and Iny open bis sentiments."
Apply these decisive maxims, sanclified
by the nuthority of n name whicb ali Eu
rope reveres, to your own state. You
have a governor, it may be urged, vesled
with the executive powers, or the powers
of administration : In him, and in your
council. is lodged the power of making
laws. You have jndges, who are to de
cide every cause sfTecting your Iìvch, liber
ty or property. Here is, indeed, an ap
p'enrance of the several powers being se
pnrnted nnd distribuled intodiflerent hands,
for checks, one upon anotber; the only
effectual mode ever invented by tbe wit
of men, to promote tbeir freedom and pros
perity. But scorning to be illnded by a
tinselled outside, and exerting the naturai
sngacity of Erenchmen, examine the f:jie
cioti8 device, and you will find it, to use an
expression of holy writ, " a whited sepul
chre," for burying your lives, liberty and
property.
Your judges, and your legislative coun
cil, as it is called, are dependant on the
servant of the crown, in Great-Uritain.
The legislative, executive and judging
powers are ali moved by tbe nodsofa
minister. Privileges and immunities last
no longer than hissmiles. When be frowns;
their feeble forms dissolve. Sudi a treacb
erous ingenuity bn3 been exerted in draw
ing uj) the code Intel y od'ered you, that
every Fentence, beginning with a benevo
lent pretension, concludes wilh a destruc
tive power; and the subslance of the
whole, divested of its smooth words, is
that the crown and its ministers sball be
as absolute throughout your exlended
province, ns the despots of Asia or Africa.
What oan protect your property from tax
ing edicls, and the rapacity of nccessitous
and cruel masters? your persons from
letlers de cachet, gaols, dungeons, and op
pressive services? your lives and general
liberty from arbitrary and unfeeling rulers?
We defy you, casting your view upon
every 6Ìde, to discover a single circum
stance, promising from any quarter tbe
laintest hope of liberty to'you, or your
posterity, but from an entire adoption into
the union of these colonie.
What advice wyuld the truly great man
beforr-mentioiied. that advocate of free
dom and hnmanity, give you, was be now
iiving, and knew that we, your numeron
and powerful neighbours, animated by 6
just love ofour invaded tights, and uniteti
oy the indissoluble bonds of ntfeclion and
interest, called upon you, by every obliga
tion of recard for yourselves and your
children, as we now do, to join us in our
righteous contest, to make common cause
with us therein, and take a noble chance
for emerging from a burniliating subjection
under governors, intendants and tuililary
tyrants, into the fimi rank and corulitiou
of Englisb freemen, whose custora it is,
derived from their ancestors, to make those
tremble, who dare to tbink of making them
misera ble?
Would not this be tbe purport ofhij
address? " Sei.e the opjortunity present
ed to you by Providence itself. You have
been conquered into liberty, if you act as
you ougbt. This work is not of man.
You are a smail people, conipared to those
who, wilh open arms, invite you into a
fellowship. A momeni's rtfiection should
convince you which will be mott for your
interest and bappiness, to have ali tbe
resi of Nortb-America vour unalterable
mends, or your inveterale enemies. ine
injuries of lioston bave rouced and associ-
ated every coiony, from Nova-Scolia lo
Georgia. Your province is the only link
wanting, to complete the brighi and Blrong
chaia ol union. Nature hss pined your
country to theirs. Do ynu join your 'li
tica! interest. Eor their own sakes tbey
r.erer wi'.l desert or betray you. Be as
Eured, tbat tbe happine?s of a people ine-
t
ì.
7
f
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