tity belonged to mr bethrong and what h trial all the rccfipt faf tlie staves rmiv- j d me and whih he a hort time fiuce repeated in prcsciee or a witiufs and added thery were itill in his poffeffiou and when i propofed to him to produce hw receipt and jet u gertie our differ ence without any further lawfuit he de clined ad aid he ehofe it flionld be fet tled by law or word- io that purport b whitney sworn before mr at kingston this si jay of july 1 8 1 8 p smith j p quantity to mr whitney witnefi noi t do not i was then told that a qinniuy of ftaves had been proved by tbjwi to have been delivered futfi- cent fr the fnlhl vent of mr bs co i tnct to rr but it appeared alio by ttv lame wtnefs that a prrt ot thefe st vts had been my owmj and therefore ir lcv iiiccfla for mc to hew the q iwxy delivered by myfelf in order to fl w hnt mr b had been deficient in the fubmtnt hii engagement to me then whfpered my connie and re- quried he would 0 the nat of the plaintiff the deduction of his culler receipt- which i wrs well aware he had in his pucker of all the fovea he had delivered me on account of hi contract but when i found rnvreqicfl would nt be ttendd to bv my con del and t was bilked again if f hd any virncfs to call rofe myelf and rcqnt fled that the refferecfi would call noon rethrow to pp doce the re ciit of hi culler which vould determine at once the quantity of staved he had delivered me that qmn tity fid t compared with the control vill determine at once who in thi czz has 1 een the delinquent paity during ftvy fhtrt hannie i was ordered aain and again o fit down and be filent and vhen i hadfinifhed i was told that -o- thing i had hid could in the flighted decee be attended to th it whillt 1 had citniet i could not he head except through him i then faid gentlemen fince yui ii 1 noon my piovino a nega tive i believe it will be in my power to do fo dii pulled from my pocket thej receipt tf the staves 1 had delivered and threw htm upon the table when mr shetwaod proceeded to add together the fev- al amounts and after fubcratinjt the fcveral fnns added together from ihe a mrvu t fwotn tti by brill o he obferved to rhr plamitfs ounfel as follows 4 rnwn do you fre ihh i deducting the a onnl of staves which appears to have been delivered by mr whitney himfelf from the whole amow t which appears to htve ben deliver d by therrhothit leaves mi b far in he hack ground it won3 appear from this that mr beth- lng infli ad of mr whitney is the de ficient pariy ye faid mr buwen but we fhall crfll upon mr whitney to prove thej handwriting to thofe receipts before we fftoi admit them and 1 wd- ace j inly for twe kingviox ftazettfi which may be iran stated f tht pn ent occasion let he bservet turn his whetl and ftpbdle instead of tur ning hii brains with iulial dialbaes fcor the klncton gazette to the inhabitant ot upper canada prfted to produce my witnefsci to prove the fignfltiie when 1 was ad vis cd to fend for a mjp arnold mr a m hen produced faid he had a few times fin ihe hand writing in qtiellion aid had an impufltou that it was foch a it purported toht te wan then aiked whether upon the oath he had taken he co dd fay this was the hand writing wh fe ligftalnre tiey purported to be h faij no he could not my conn ie the- moved in form for a continu ance that 1 might fend exprcfato mon- trealj to procure the neceffaiy tellinony but after an argument between the learned counfcl of almoft two hours ad ivjany precedents and much legal authority piodiiced on bth fides it was r length decided by the rerfcrees that they had it not in their power to grant a continuance i was then addrened by mr she wood in fnhllance av fouows ifr whitney you may mfcrve by the jaws of the count y where we are which by our oaths we arc bound to rcfpeca that we have it n t in our powet t grant your rcqnel nd which to me appcarsj ft teafonable o e of a hort continuance j to procure your witueflcs thi may be an unfortunate and a hard cafe for you we do not believe you have forged thofe paper and thofe papers fubttaa tiated would no doubt give a different firn altogether to our award as it row laid we ball find ourleives under the ncceflity of placing all t he haves men toned in your receipts and which we have little doubt might have been deliv ered by yourfelf to the credit of mr bethrong we were then ordered to withdraw and the next intelligence i received was that an award had betji j found againtl me for between 1 1 and j i 200 dollar on a judgment from the statcofnew yk predicated upon thi- unrighteous award i have been pro- j fecuxed ai kingfton whtuh tiit hands j f r riial at the next afiizc at this plaee i nave been infonned by my counfcl that interrogation embracing all the fefi above ilated have hoen forwarded to david frd and sanmel sherwood fquiies h former of whom replied to ihe catechist catkchiskd mr observers political catechism published in the gazette of the 7th in itant contains these questions aud an- swors ques u what is the government of upper ctitmtut ams qf that description denomi nated provincial q tl from tshut ftnufce does he ovenaicit rttevf its power yi w from tico sources the king of the united kingdom of great brit ain ii the first and principal source and the people resident inhabitants of the country arc he second source- lrtmoak air obrvcr in my turn ilnveyou yet to learn thit our provincial constitution of sovermnenr diflr from that of tne british golo- i is a in general hi not emanated from the king ait soun in tin form ot a tioval charter but i founded on an set o parliament by which the ivinsi hinispjf is bound and which hr chunot repeal or suspend qnos jre rct in an part of our government independently distinct ans t ve in he representative department q lime far docs that potcer ex tend x u to the framing and repeal ing local laics really mr obseiver do ynu ther suppose that the reprcsetttativc department of our govrrumeuf have power to enact or repeal a law please to read tin constitutional act and you ull find that legislation re quires the concurrent atpncj of the thiit branches of our provincial par liament to say the loose o file pre ntn rives have power to legislate h quest u if roial ftozeer is present in this province in thi kings ucpre tentative and our commons have pout er to legislate is it necessary to ad dress the prince urgent k a redress of grievances f aus m it is not and in he first in stance i doubt the legality of such proceahnys fray mr observer do you think that because ho kinds provincial representative has some portion of loyal power delegated to him ho therefore i tted with the foil powers of royalty a- it respects the prov ince r tike ai example or two has he any power ovei the postollice de partment in this province suppose a postmaster should abuse his trust for i instance that instead of transmitting letters ami packets to the ptrrsons to whom they are directed hf should suf fer them to be taken out of he post- oihvby other persons in violation of the ponoflice law and of his owu oafh prescribed bv that law thereby ain time when povftcd influence are circilaietl viih mi nnnli udir andin- viterac a- ve tin them to li at the present day antl when thoe iuflen- sb evidently lend locorrupi the invsi altei iiths ufa people whose principles have hithero ireen o pun hut ihfve taatefor neselty i o reat and a- bovcall vhc itidntr and jhility 10 di-tin- guieh betmeed tuv nffielhes n tend merely to gratify mir paiuns and muve that tend t the ncral good and proipedt t ihe coun try arbo limited s ue miki usknbnjcde they ire hi this province vhen those prin ciples and influences are circiiated bv a man ot talent industry and ambi ion and when that rciin receives the connielauce aud sup- poi tof i pari who actively ntpage in promo tiiik hisvieus and by wlioc example it ma be feared the unwary and uuivdmied ma be ledadtra when uch atreapm i ay are made in o new a colony a- rapper canada iltev oiifjuettoioibl baca datgeroas tenden cy and ir therefore becomea tiednty of erj man wm bus a repaid tor the kvclfare of the coitdtry who respec and ivtunould wihto uipport order and pacp in pthlic soeiety to nsc his innufuce in checkitq principles and pnrsults daufrerous hi thn tendency ami often o rninon- m lhcircnseiejices hen apnittiral licendiarj labnnw tn excite the aic 1 1 arty spirit and uaip divcontcnt in the in ntl- ofa people w enhtfned so ly- h and pairiuic and o dcvnrt in the love ol iluircnnnry a oi those of tnelajid ii- not a matter of much coticq- tor there they have rxamplet of the faireand iii pace of mch attempts and thej ic uou tiieir irnad ivit noiwithrardint till- it isalo- meiiable faef that even titer sueft attempts are sometiuies countenanced the nrwaiy are drawn into a snare jicii catntgle their cottii try in faction- and disorders and then it ojo- rtw upon themselves exposing tieni a tiiey are ihe del mrd and uuhappiv victims ol po litical seduction if tin- rdueoou leai to neh uihaip results in a country somront euarded h the arm of a patriotic people ha- viin such advaotafj 4anp and geuerai acquirement how mueh aione are hetfonst- quences to he dreaded in o n a cnumry us tlii vhercour information iv limited iviere happil v th fc finpis at edmioih ajtd tiieir anendain diorurand dtgiace have beet sofciv and wiier in consequent the field i political pcln ion iso eteu and so mi- guarded inhalmiants of opoer nnada let uitand upon onroaid let u viatch whhan attentive and a jealon- eye ttw putuitofail who mould labour in this held h u- careitdl examine and deliberately wefift die innova it i oi h they o m intoduce dd if we had iwu defective fwennd diem tending to sab- vert those rub ami principle b which ue have attained oar present r alion our hap- piuesaod prosperity jet usctn fc them il he ticanmihutrr ul lls c inbaby auis oi lci canada whether ihore is not tllolrls coftwin tesq for the district of xeucatle mr rontur j kiua fcr the johnstown district mr nathan ilifcok for the ottawa district for the llbme district at tbi iii-h- n u per oi or p ui- ainont us whoundcj themak ofpltilatmhropirfeel- ini andvieyn uou eagerlj iniioduee u radical chang of systeui of government wot oft litfn hitifn been pursued st mucii o mi ftdvaitoe aadof alrieli we maj certain i hoat ejfif n jum pride ltn itsenijic uhcthrrthen j uf l mr amoii is who would nnliiitffy lead u to ihe adopoan of a speculative sctrm invented in ihe ravines of an enthiiiiasu hraiu or periiaps hy what u worse the iftereied deiens of a deeeiiail heart and mawog ilh enquiry ifaoeii a person sfaoijf d be found anongst u let us loot htm out jet us tear toe mask from lib heart and let usapoe hnu ahe hoid he a public examp t the country to do tbu is a duty weovenoroij to that country which supports and rlnr ito lb but we owe it to ourselves to our childreo and to our goa- under it lese impre6j0ns gentlemeo aau in dividual i feci myif vau upon to mqire into the view and principle of a man who mi tor some months m been laboarinictoeo- ks os in pditcal broil and who i u 10 he ftarrd may nave beeu iii ome measure oc- i a m distinct re pre entafive dejwrttnent correct such abodes no ftr it would he beyodfl their reach ooe pari of th remtdy might he odrniniteied iiy file judiciary an action for the pe nalty worid prrhjips be within the ju risdiction of tbecoorf of kings bnthf but the removal from ottce and the itrnitiott of the potollice to its regular lojgal course would require the intttpoxition of lie loyal prerogative through hnrne other channel in such case application miht properly he ade to the prince recent o also for reformation of abuses in the land granting department which is a branch of the royal prerogative and as to the legulifu of petitioning the crown which 0u have the hardihood to doubt that is secured by the memorable act of parliament called the bill of rights which is the law of this province as well ns of the mother country the i ech andevtt qtichott except one i i inhabitants individually or eithe do imt reccleci tk6 that one was a branch of the provincial legislature rtiieftinn whether a continuance wa norj jmay at their discretion exercise this rfui in sedkinfa an into the adoatiou l hi prluoijiiix i j pr 0jpr lllai j ry shoold in- uia w uuenness tviiji cool- wem and cuni n 5nou doti u mju imsaid itihicivji and it is iii lb- von and su j drc tbnt tie aalior teerraacbaow uuderisfets tomaketueeo- iuv vsieml m bijobjeciip im his own tor nihai ra dune by tbvmumvi hesuccecd the put iijnnintry eqoiuv tir- bigbral tonjjpenuihi be can linisclt receive thr coniiawd re propow and by the kcfferecs rejected ironfitutional ri of petitioning tlie o wjweb he redied that he did rememj throne and mn transmit their peti be ht hey d contlmu r frm day to tions through suhoiyans of communi- day to hra bftmmtj the latter gen- cation as ty judge most proper th man i wa informed wrote a letter k u toteomuumnei ftating upon his ho- catcw j prf norhteeryehcumltanccws obliter sttit wed f a ft memory and therefore vm zm z m t os not pu upoohoath z kl hi s vnmmt u i ti r lm lmitoa confusion of ideas bethrong has vm me frequently j and erroneous conclusions and u- fiiice that he had m ins pocjtcl at the lfioa the applicaiion of that h proreibia meeting oftiie upper canadian couventiou of friends to enquiry york monday july g 1818 thi day a convention consisting of persons cho en according to the rule prescribed in the pamphlet entitled principle and proceeding of the in- habitants of the district of niagara for addressing tfj jj utghness h he prime regent e met here present for the diniot iviagara korcut hamilton esq jo clark esq j p dr cvaus j5ninfit alitor nviilmm robertson reprvtedabio for the ii friet ofgorej ricjtuo plaslv esq j p mr tlllam cuisholm for the london district mr calvin marttn for the v n district mr kujnkhk dttake for the midland district d4 wamborfl esq ml dam- iiawley mr 1 petkk ro mi jaotji w illrs if being proposed that these gfilt hernen should each glfd satisfactory evidotveo hy reference to brinted fv ritten doctimeuts or on their word of honor that they had hecti duly appoint ted to represent people of the respec tive districts ami the same being com plied nith the meeting vns regularly conrtittiteri by calling rich mid bfiaseley esq j v to the chain mr- bensely opened the business in a iieatfpeoch wherein he deprecated the false uu naliconsininuntionsand assertions throun out before the pub lic as to ihe views and intentions of those who joined in the present busi ness it was only necessary he raid to look to the faces now present to have refuted every possible thought ot evil intentii n william j kmt fq j p wn named and chosen secretary for fhi- coutention and daniel lashbum esq assistant sivtary was then moved and carried that mr court ay be admitted to assist in tne deliberations of the prcfht ota ion to speak hot not to rote mi j iniirlav- hereupon came fonard addresbtng himself to the chair expres- ed his great satirfarfion at secini- tin- measures which he had had the happf ness to s u truest to the public of ipper cftnciri1 so far matured in the meeting of this contention lie said that these measures would hare had the most complete success but for unforeseen and unexpected influences tho it ora4 obvious from the bnginnsng that many men accustomed to drw profit from corruption or enjoyment from the exercise of arbitrary jower would op pose measures tcjldlog to refresh the body politic and restrain the licentious ness of illreg dated authority hot it could not have been roppowd that there would have appeared men so base a to injure a good am great public cause from mere wanton malevohnco or ir gratify private piu6 and revenge far flhsj that any of those men u ho repre sented the people in parliament would ihfcl sffflj aiilthsl hn5inis nfft ohly pure hot having in view the very ends which the assembly had repeatedly strove to httain fltit such had been he rase mas however unfortunately too rue and the ntachinatioti ofsufh partios had held back that frank x confi- jdinupporttofhftcaiichichcertaitd would have prcvailml throughout from the unbiassed feeliutis of the people mr g said that from his knowledge of ho pnblie mintl there wa only re quired a little time to et over evry difficulty raided hy tjtttg r ports nnu oril inrtuences that he had positive information that even already manv d e novelty of proposed me were last adopting more liberal sentiments and heartily wishing u- veil though they had lost the opportunity of cho- sina representatives fo speak fr them on this occasion that it would be of infinite conseyience to give time foi j reflection aud ns there was but one great interest in the country so there miht be the most harmonious effort pombe made to promote it under circumstances then he would propose a change of measures f he would pro pose instead of sending home a com mission directly to his royal high ness the prince regent that a depu tation should wait o the governor as soon a arrived or should proceed to meet him ot quebec that this dep utation should present two petitions jone to the irince wiiha request that he the governor should immediately send home the some to be presented at the first levee hut another petition should be presented to himself praying that he would immediately dissolve the present parliament and issue writs fcr a new election that he would meet the new parliament with all poy- sibb dispatch aud recommend as us hrt great object after getting the an nual supply voted to proceed to an enquiry into the state of the province and have a commission appointed to io home w if h the result in time to have he same laid before the imperial iv- liament in the early part of next ses sion mr g said that in his ad- dress of the 2d of april he had assert ed that there was little to be expected from change of representatives or go vernors he would now qualify that aflertfon the appointment of the puke of rich mond to be governor inchief of the ca nada a was an anfpicious event the duke of r ichmond was a rare character one who had proved that royalty it- people who had been at first stagerei under ignorance of the truth and u j fell could not mike hini ftnop tft in nily and one who had nobly ftpporcd the rights of the people ot engancl he had long ago maintained that cvcrf man who paid tzxes fhoutd have a vote m parliament ry election and hia optnicn had been pioudiy quoted by the invert of rational reform upon every qecafien fince in this count y e had thc-tum- eft privileges as to the choice of repte lentaiives tje fulled ftcuiity tlrt tx ation never could be made oppteffive to the community we had nothing tt cxped from the duke of richmond 2i to this hut bis former conduc and de clared opt i ions were quite cheering to our hopes f his heartily joining in eve ry effort for the public good and sir peregrine maftlandi with fueh an cxaa pie and with fuch an advifer we might be well adored will be forward in pt fottnfng honorably and wed the high and important duties entnifrcd to iiirr- as to a change of representatives there was at this time coniidetabv hope mens minds were now roofed to the bill importance of having rtfpedtable char refers in aitcmhly they hid ven the evil conferjuenccfl bom too much indil- ference h to this and in fa6l the hnr- ha merit ary chancier had firun fo ow that tefpcclable men had for years de- j coined conina forward sis candidate now he was convinced hat men of f i worth and judfifftirflt would of fer themfelves j and that while all wet alive to public tnterelta every voter would ferioufly think of the charaei he fupported there were now in alrern- bly fcveral mei quite a dlfgrace to their fituation thefe men be though woud certainly not now be returned and fuch as were ftill in favour with theii eon hi t- uents from tiprihtnefs of intention and there was a coniiderable proportion that he believed to be worthy lioneft men fuch as perhaps could not be excel led that he was fure rhefe men would rt fume their duties with encrcafrd energy and deter- minatiui to recover to the country tfat dha rafter and cred it which their remit nefs had unhappi y tended to degiadc and difliontc thtjfe meafures requiring time forte- fleft on it was moved by mr wafhbrtrnj and carried that this meeting dj adjouril till tomorrow at 9 oclock york toefday 7 july 1 8 1 8 this day the tonven ion being rc and richard beafely lifq w the chair mr waiburn r fr and after mn fome remarks on the proooa vcflerdav brought frwarl fubmuterl the follow ing refolutions rot onuderfinvf refolded tst that whilft this conven tion holds it one of the molt facred rights of brivifh fubjefts at all times directly to petition the fhroe of rheir j sovereign relative to their gricvcc yet never heefo under the prelem pe culiar exioing circomflances of tht conn tiy the member of this conveutioe i well out f refped to that hoforame body the commons ho ule of ften bly of canada as for otlvr cauf e deem it their rroft inditpenlnble duty on this important occafiou to rremmencj in the ftroojrell term to their fclnf fubjetft redden t in this province a fpir ited formal nnd refpeclfnl application to that honorabe houfe for an inquiry into the ftate of the province 2d that john clark cyrus sumner and roderick drake efquiresbe a per manent committee for the management of the affairs of tins convention and that they as foon as may be practicable pit pare a refptflful petition ptaying fr enquiry and exprcffive of grievance for the immediate fanion of this conven tion to be by them circulated for fnb- fcribets and prefented at the bar of ihe houfe of affcmbly at their next enfu- ing feflion 3d that the fctd committee be fur ther authorfed to frame an addrefs to his roval hiphnefs the prince recent en the fuhjefl of grievances believed to exifl in upper canada which when ap proved of by this convention hat he fubmftted by the committee together with the petition above mentioned to the honorable the houfe of affcmbly at their next meeting for their alteration and amendment ed 8 d washbuiw ii the following refoltmwe fundcd uponmhe propofats of mr gourlay were then fubmittcd viz itj amm that tnia ctonvralimt fi- semwedfor the delared sprcsfic intrpuje af pending fudie a cnminfsslnn to knelaod with anaddrmui liui ins the prince rnunntfte t ofpuula aflhirs in hits i nmnnc seespxd rensnnc frdemiiii tipm he platted conw of procdtn or a i nl for delaying i exeeuthlll of the plan qfprocedure uminteder uu jtactme wtnkim mfatr advanfaprs nnv unoxpecterily taken bs waft wicked and selnn men to deceive ato he true and litimatp objects u view wwrtlastomrupdimtitsttiiji regard t u he luopnctv ami irliiy of ihe mestur pro pomhi hoivlv dirraein the public mind and creating fa f anif n gtf btcame by a iure delay and uili rurjber means heincrntird to dimpate alanim and convince the people hi- drnnysinaa prace4iowardmhem nwraoaiveral n