Kingston Gazette (Kingston, ON1810), May 5, 1818, p. 2

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tlrfrtnnareiy it did not rrlr hricj o rt n i ii jken tin c jmmic m tv am lrfleu the ex c he vcv th which culd e h eneivours in anv ttti u at a wav bi- an i i f rvi 1- i few it which 1 had to ule in duty the iiik live me pain mv ptl ttvt i g ev tt c pin ihm rore bitter a- my fiili ltrs wt- wlnl th e vy n the individual colli 1 it hvtf occfticn o tr rravclc r t if i aimfffed myfef to individuau an i ifc- pcicni hves that each nerfoe a mkt wa- at 1i ety if lie had any th to deny av thin of which to c- i ii nae fp ak iid for linfiir the tiweuer a judge litteiy w b- m m ik and it vdulj of all i itu di srarhv is not the one who 11 woud eiain file 1 iflie hut dared to emeu ii- lios ad in jnitiee to mr ck i have to inform the traveller tjtt firtrc i rubbed lift ptcc with mow h hu written me fverd mol fridly j leucm- what i expnfed of mr cark j proceeded from the very wrmth of his heart and i knew that ihe friendly alb of uufophinjcattd rood hirour could not i mg offend him a heroic if ai fmimeoi niiiht paf over his cheek but oiid noi taiy major i eonard may nt yet be left ooe we fid from th- lmidoi cou rier half pay officers aie to be the only favoured fettlen iu canada and if they comport hcmiclvt a gentlemen i ceuamly fhall not envy them any in duvcnce could the genuine fp r i e and q od breeding of britifh offie-r- be cnjrrahed on the ft ck of fent orients and manner prevalent in thi wtllcrn world fruit of a fuperior kind would certainly be produced if hilf piv officer bemean themfelve after the 0vbr of ajor leonard and go v ublic czuum favour will not only tot uown away upon them bui mod grofsly misapplied it may he ny din v when i arrive in london to lepott mt r leonards conduct ai the horfe gttvds the laift ate- of viaeirn whom 1 vilely add refted owe to themfcwis to me ad the caule in which 1 am cugag fd a act of pi lice that tati red fccelinn wim be fet at liberty which aie liow very wrongfully impnjonil robert oourlvy to the editor of the niagara sprhjlvr sir he imprejfion produced npon my nind by the pcruful of mr gomlayi lail letter wa neither favourable to bini nor pcafii to myfelf the ttack i illiberal and he ha evidently tortured my words into a lenfc which 1 ar confident no other perfon wil ever fuupofc thv intended to convey and tiie llye will fhew that be doe not o caluly bear the fiiendly lath ol unliptillicdted go d humoir a he this treatment encourajrin and per vrw arc drr the hs teal fm tiiib ptfi iif real vine from tint ipmi i k win h ni lit b hq cd wiok iidivdu is wh would wirti to -itk- me their t ol in mv opinion fo soifljviiicd i a4cintfmjti he peprv w dradt heudrlvs by dkinir t nri 1 fo ambitions i iitii as o or ffntimeuts fo iii t my heart tlit 1 way focura the vtil bcii- o defjiicawe in their u mi i my love f conqucft 10 kteat v to make me utter accufa- it-n- altkenbugnant to honor and coo- fcimc- file iy ivii 1 miy be cimoli rnrntrd upon hawnn lamed lr oonrtny ibhvc alwryj x icffcd my conviction of ihe vtrf y f ti moiivc and am happy to by 1 have moi altctd my opinion allbriugh he is unjrenerjiu e- dqtifrh to quevon wine aiibxtt what i have wnttetij 10 ihe oiot hawtl iaiin kind of vtflity tlut cin enter into the dtatt o man certainly is not vciy might almnfl be ffucd as an apology tittfrrvsifetit licnw alludes to the purabic of the ftull mentioned in fcrfp- lure bot hia treitmeiu of his guetls qmil r to what wj iny fuppofe the bcnpturo lyidi would ik or t mich a cnu have any chaucfl of alluring oth- tojoh llm tvble vtfs if blsgoefls juiii pfttuioll as hedirctn them and m si i ill hfl will 4mitrtaiu them wilh joi but if th utter a breath aainm him or his measurrs ho turu- thcin into ridicule ho lashes thmn he m dismisses them forever i will ootn kowh hat i nw perversa oh the contrary m miitd u open to onvlctioii of evi ry kiul and always dispmei to pursuf a coiirso which la imjuil di monstratcd to be riht 1 tr till further i confess thit 1 think it wa my duty nnd the duly of erory oneto pititioajiul mr oourlay wouhl allow me to do nothing more lbcam dtcpvcre beauel eudrnvor todc- itur myfialsvnm his attick because i find fault with his procwfidillgs and because i lo not upporl him in evrv hin i accuses me o doprciu- lujf his elfurts for the nublir 41 tod ue- heiiug serious ioihetiou with nnre tioiinense nod endcavorui 10 throw tut ridicule ihe mo impotlaot duty wcuirbfnt on the people of this pro- viiue at ihe present moment ntu ihnllenf me witii uttering i scandov on- iiiisi pro ff ro d were i indeed guilty of m lie aeenfes me of 1 would confide my lelf unv rthy to contend with him but if i did not reply hi readers miht imagine that i lilently acknowledged the juftice of cnfure- fo dfctcditamc to my character tho ilr gonrliys fceirih when he difmiiled my genius might av- been iquieceut a ihofc f u c toby they were certainly very di if rent in their real njtiirc uncle lehvs breathed thefpiilt of midnef atdf rbearanre mi gurlayt are o much the reveife that oe would fup pf- h- fly bid flunp him he cowaius that i difturbed him bv a attack whfte relling on his arms ike the heroes of ldafiet having routed the major but i an not awaie that l attacked him my firft letter fcuty aid any thiriff t hi charge ar- 1 was ratlvr fnrpnfed that he anvtrcd it he in reality riilurhvd me f he might naturally fupp fe thai i fei fatrgned afte- betaonarirf he falfc pride of the canadians never was a letter written wlh a beter intention and the iwc was fneh that i nought it cotdd draw n- reply bui i wat millaken foi wt ooorlay ftema in eonfider every 0c who inttrfiie in hi cuue a a taiire iet trp fir him to fhool at he wnjdd with fads opponent to paft befoe him as the descendant of baoqua paitd before macbeth that he f iht mk- his remaiks upon each and then fee hem annihilated mr o ml w tells me that i wat in duced o interfere in hli caufe by a feci inr of vanity arifinfrom the flattery adminiftced by intercred prrfnna he annarently f reels the decarat he once made that it is uuirntiefrany t qtirdim iptve and what is flill ipre exiraordfaary he doea not feema- ware that in hi fit ft attack upon me r iv- thai i mean to do 1400 how urofitent it is in him firlt t r llh hei f thit i am fincrc and d then to hint that piriiainns and sfpui- inajpapoi vvitliimpreastoiiftdiscredireble lu hi clihitl- mal ioidirt i me itll mi goiirlay that these are lit impressions upon his own miud not upon mine or i believe upon thai f the public mj last lettr tome lis own wid was 1 unnlftiidinfi production 1 fn to 1 p foh aiv ha ne ha urr rpr r afl a i 1- 1 wo wi oouu tj be a varc that although myl asstircilly a mot ud anv vilwjiiih a now contains is piodo d b the rsttesr aciuliiiy of mr gour- iys jealous spirit tip- juices f mu most healthy plauiscan by tniapplitd an and torturing aunty sis be confer id into a liipiid ofbahfuland poisoii- lustjiiality thufi the iniiliguaut fif feet of evil cnnlruitiou may titer the pirif of a uotimeiu altbourli ihe lan- nae remains the same i wih mr guia had couriered ilic nature ol these accusations more particularly before he laid them aaitisi tue for he uld i irrely liave brought forward any tlil j would more unwillingly ad- int aid which i can more cotlsuieit tusiy iluv the ju diil- ti to tlcfrtff riflf ihe efforts any oue nake for tru public otl however trilling ihey ma be is indeed a guilty atfnipi bu wu i- nbjcrt of him who is depre ciated is niiiiiial and tends to pro mote th ho opines of tlm pjope and when hi persevvtance and fiteadineas prove im jutice of his cause the man ho attempts to counteract such on- ca tor must trail bt- artuatcd by a 4timnable spirit- a spirll similar to liar of lucifer whose only ejood is evil vei 1 am charged by mr- rouriay wild an attempt which eren l traitor to his country would blush to acknowledge himself guilty f djfit m now discover in what in tfluce i have i slaiiier paper with im- prcsimi discreditable to his character in conduct i bate hinted ihit hr miy b uneotiseiouiy excited by the lacinalious of personal fedm jle fakexthf word uhtaliscohhii in a tense which seems to increase he injuitice nfmy intrrojtatory but he rauvt tu re ly be a ware that if he is unconsctous- iii excilcd ho cannot be blamed be cause the act in that case u neither deliberate nor voliinlary but why fiv so much stress upua this is mr gouriai liable to none of the errors of liumanitf is he proof against tho de ceptions of the heart which betray the ipest noble and most eougbteaod l has he casl the beam out of his oh- 11 eye thai h may see clearly to draw tlte mote lit of his broth er is it criminal to be under the fascinations if personal feeling i i am at stoe nccive hal could innuci m gouriay to ityjo d stracnau m jhvlttgti 1 never ha any ir 3 of nttrmp fo profect him inatienat nnd itirlivouel adrantairs h the fre perfon and lowj nhlin in a cant itki i pinion lhat he w in s tint decerte jt li ll i- illy o requires urotctiori iios not ifnini 1 houd rtisl verone tovtand t h ni own meiuv id 001 i tnir 1 aid aiy mmiij mim r ftrachart and i believe even air jonihiy would be inelimd loace m oi li sin- the limits of llbrralifi and justice if i ntur d to atu j lt jmjividuul who ha malinanuy opposed him he ma- be asured that if dr strach- au wasmy prot i w0ll u nore effietnal means tl h hitherto mployed to re- bi character ch 4 m llie obloquy hb accusations attfl to it ban already mentioned that i rhink it wa m diifj to petition and i can amir mr cjnnflay thit i nei- therreqnire him 1o bawl in in nor supplicate on hi knees for rch a favor b it tho i bad done so what geod could hav- revolted from if while the larh imnt is in its present situa tion r mr rourlaya utmost bawling would not have made thm attend to eitle r his petition or mine what cuiiduice cnu be placed in men who when assembled tortbr for national purposes and aware that the pmspi-ri- ty ami salvathm of the country depends upon their exertion hisie their time iu private jujirrels and idle wntoffllng abonl privilegesflud petty distincticus iorirutin their duty tothe people they represent and pursuing a line of con duct which their god their country bndtfieir tiwirfciences roust equally con demn what hopes of mccess can a ingle individual have when he peti tion upon a subject the consideration of w bkh it their interest to avoid r i an well aware how- important it is hat an enquiry into the state of the province should inimdiate be set ml fool for canada evidently is not wiiai it should be and the more mimaua- ed and in arrears it atfairs become its ministers will of course feel more an wilfirjg to commence the enquiry befbusfi the dilliculty will he greater nnd iiih result more discreditable t- ihentelvig so far from realliiug th- detestable aeeusiitious mr i urlaj throws out fljraiuat me i would feel v lined to ridicule those people who- wenknes of mind frijhtent them from urging he doty of petitioning it can at least douo harm it mut do goed for even muppostlljg it possible tlint v n i n r afair- was foind u lie immaciil ho fte in inbitant of ciipar canada no 1 k dd feel lie lie ugh t- fu aiirnnce that h 11 mir runt- ale uol l 8io ud to mkeatii f 1 niiay of the care- t with regard to iuist ration can dda 1- at pre out m call loudly for the j s illelilion tericrenee i erory or iurnent has reft 1 cd encouraisemnat to emftsiunts and 1 r v 1 ttlerij and it must tuerefoe depend n laton and means o defejjt a ihatoncmy whose iflns har d p ad inestimable sul penonty may be ii be al oiji irom our vt lr nr 3- i- snes they ma nil ihe state of the adr situation wine and iu- ne the 5riih its intrinsic quatitii of every exertion th r canada imm is surely worth at can be made tn promote its wlfare where can then ne jiieater room u t improremeuf f every kndora nn j fc t pro pert o1 fu ture frlatuess thai 2 a c pos- msniom thousa 1 i 1 j fc nil link 1 11 h nd na- vuratloii a mtjl ft i 9m its varitv and richness adapted 1 1 i c 1 ir every kiudot aj- nemture a chmat te eouibiniii t 1 will the lnbritv 7- i litkf t e cxten otcouulryt th ul mprf tn ti im f c- ne ni boa j lh gr fo y u 1z r they mttaim rtrmanl untlbro bl iuto rrr bv il and extended of ller repfasenfetites hl wm be am uls ou to ts i ph and view for canada immedi ants ouht not to t j lo iust to the ov ru- ment in bnta n l 1 hey should act tor themselves and pr r j r i s frtr emiuir and reform with a un j trti u w iui and arm n ess mijed by re mbliion mtte mmm sweepsuwavthe win mc hicrtul leaves strew ed on its bosom by l r f thh auiiry winds of autumn i here i r- ue rebellion nor ediliounor di n r a k 1 c lueclion raaiufes- no subject lr cjonlavjustlyob n mmmm 0 odft priti p lion is merely aclu rt iniiei through which we express our num a 1 nun in our supcri- th- fascinnicns ofaits a d acceniplisi- mrnfc the mihlimity of civice ami lustre of philosophy the brilliancy of genius the splendour of wenlth an rank and the polish of society and all thoe intellectual refinement whih li ameliorate our condition and raie u to henven thai this may be th- result f mr gonriays racrtloos imr fervent hop if it is it will extort acknowledgment from the most illiberal and narrow- minded of hii opponents i have all along been charmed with the perseve- rinc spirit he has evinced in his proj reeding 1 have been interested b lht elomience and adureas with whicb he delernlc himself from the attacks ol slander and maliniiy my enthusi asm for the counlrv has been augmen ted by observing his effort for its wel fare ly hpes have been brightened b ihe cqltttdencc he has iu the final succev- of his cause and 1 now bid him adieu trith a wish that his zea may ncter aain deceive him into diibcoiistmction of word or indue him on slight around to accuse an in dividual of wnu 1 nm convinced from his own conduct must appear to him the nit unworthy uncharitable and damning charge that can be brought bgauist humanity i am arc tilktravkller ncalig in a dwlling houfc was prcftr red by twil rd anger a free canadian of the red river as mom of the parties in whof behalf motions were made for admiflion tn bail are nnw on their way to take their trials in the conn of kings bench at que bec and will therefore foon receive th benefit of a fair trial rhat matter much of its interclt but we mull cor re our ll ailment that the motion wa tiegativrti by the court the cnort confnered the cafe 01 the long imprifon ment of the parties as one of gricvom imtiort hut it being the rule that matwoi for the adniiffion to bail of thofe who we nit ricd during the term mould only he made on the lall day f the term the court held thit as they were to adjourn to the 4th day of may j would only dc on the laft day of that ad- jnurnrd lining that fuch motions could i be entertained whtkl in the m ran time the intervening term of the court of kims bench would give them annn pottuniiy of being earlier liberated in due ronrfe of lw refidea ifwecol- irft d the fenfc of whnt ell from he rch atht the curt double 1 their own competency to grant any writ qf habeas corpus at a- mi m j org in power k1 1 il innda is treated a he diseive thwf 1 r 1 ls nn pitch of ii-t- rclum hi lh sl 110 j vlrtoou mttoma for waf iu alike iuuodiu iui0 ugr bo ii prom the canadian courant ower in purfuance of the promife made at the cmcufion of the communi- catiui made which appeared ie your laft number refptclin the late criminal courts the foilawing remarks occurred on the italement made in your piper of the 7th ift of the proceedings of the court of oyer and terminer that court i faid to have been long expced hut on the conrrarv was mod iwiexpcctcd nnd it nat only in an office 1 letter from the attorney general dated quebec the 9th february that i wai firft annnuneed to the profecntors in the cafea f miles macdmcll colin robertfou and others that their trull were intended to come on at a court f oyer and terminer to be opened on the 2 lit the court r f oyer and terminer 15 one eminatinp from the kings peroga- live alone the commiflion iitued on thie occafion was riot fpec ally or cxclit- fj5y hff ffefj for the trial of rfftlifii 1 committed in he duiian teritorietbth was likewife one f general gaol delivc- iy it fo happened however hat nci- i her wa there one trial brought for ward nor wa- there one prmoiur con demned or relcafedi notwithllv dinj the jaul wat crowded and the ourt wi journed regulaily from day to day for want of occupation- the bill of indidment no wan la ted to have been again ll paul iveau and eleven other peron in the ferviee of the nortti weil company but we are informed that of the parties thereto francois oefchamps fen franou de- chamusjun jfeph cfchamos ditgrof- fctete charles hetc and john early were not lo it is remarkable that jean bapt def- marais who is a party to thin bill for ar- fbn in l8ty and who is likewife inclu ded ai a prnci al in the jjlil f if murder of robert semple- in ib an as ac ctltary in that for murde of owen kev cny wan in the year 1817 in the feivlce of i oid selkirk nd a perfon particu larly retomnended bv him to mr fpe cial commiffioner coltman who direct ed defmaraiv to come down as a wttneft put dcfmarbtb having in obedience to the prince rrgants proclamation re- tuined to hi duty a engage with the north weft company he is now profecu ted at the inltancef lord selkirk for offences which fuppoling he had com- mittcd them were well known to hi iordfhip when he engaged him in his ferviee and this i hy no means a folita- ry mftance of lu9 lordhsip taking into hi employment or foliciting to ertcrit thofe whom he knew were engaged in as in which he torture into murder arfot and robbery in enumerating the parties to the loth bill ofinjimcnt an inaccuracy though of no great moment occurs in calling alexander makenzfe and huh mcgil- lis efquire late jutice of the peace for llif indian territories which thofe uro gentlemen never were and it ito be bferved that none ef the other gen tlemen hated to have held fuch commif- fions ever qualified themfeves or afted up n them excepting mr a n m- leod it wa erroncoufly ftated that feven hilu of iudidment were laid b fore the erand jury on the part of the northivejl company of thofe that wcte thrown out the three for falf impiifoumcm and the one fie aftaoft and battery a- gainft mile macdouel were preferred by fome of lord selkirk f ttlei- a horn miles had maltreated and that againil fun the ktnoitu gatette the late resolutions of the legi latire ouncil and aseuddy concern iujf their respective rikht oil he ulw j ct of money bills have i rottglh b fote he public hemesl important com stuut6nal question ever agitated in i thi vrrvinre the assembly in imi tation of the douse ol commons nf great britain rtiim the exeluivept vilege tf originating jills for raising levying and appropriating nionev hva deny tlie right of the council to alte iueh bill on thecoufrni vthr conn- cll assert their riht to nmend laony bi u- thev coieidcr thai fhe oris of all mpplies in either ifou- orea- cuivpy in th hoiie of assembly must be indifferent eo lon as eiiluf lloie retains the po er of retecfteq and declare that the council and li tembly are coordinate branches trf ft limited legislature ry coonli mite i kuppose u intended thar they nre of equal authority and consequent iy hav equal riht lo origlsftte af well as amend money bilu on fhs point the two qomutanro at isue the hi olutiom of ihr loiio 1 1 ltepreni- tifives re stated to leire been fldunl ed unanimously whelhci ilie dun ell were unanimous or not is pot s it appears that the council m an overture to restore ihe conr and hnrmeny of proceeding in thopnh- ic buiuesh fey otferiug without re linquishine ther right to foi bear the xerciseof it so far as ivlate- to ru mihidmenta 10 bills for raising and i vtfing money but tlie otter was not wtisfactmy to the awembly because it oid not include bilu for ttjmrojtrn fiis as well a raising money appro priation bills being an seiitial elim of money bills and the assembly he ing of opinion that they could finf v irld to the pretensions of the council vithont surrenderiuga qruat constit tional privilege belonging to their house as the representatives of t people of the province thp council having ordered the iu solutions to be printed the subject if uoi fairly before the public at whose tribunal any inhabitant of the province is of course at liberty to discuss the constitutional question the act of the british parliament 311 geo sd coustitu nnj g rue govern rnent of this province provides for a provincial legislature consisting of he king by his representative the lrgislnfive council aud theassamhly ft authorises the king to appoint the members of the conpcil for life or with titles of dignity and herediury descent it grants to the people of the province the privilege o electing the members of the assembly to rep- resent them in the leg mature and declares that acts passed by the coun cil and assembly so composed nnd constituted when assented to by hi majesty or iu his name by the go vernor lieutenant governor or per son administering the government shall be valid aud binding ah laws of the province it does not indeed specify the forms of legislation nor define the relative powers and privilc hesof the tvo houses these how fvrr must be intended to beanstagout lo hose of the british parliament for sev til reasons bt the british parliament itself consisting 0 kn lords and con mnus and lhat system of united m011- ich aristocracy and democracy being approved ot as the best in tie world it is to be presumed thai 11 i parliament composed nuuld aiani- t t that irl rence wliih i itit lor 1 eiiowii foini of government by ft ug it ua uld tyte ol thut nhich ihy

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