to me upper canadian ft wu to itoqttiru movrnrit h snrtfppn 1si8 i iiko ibe first murc sine- tt tthtl n brwkrilu to puhn record a faw nartirujara connected niih that flair will bo remembered that f w- bound overt aoncaraf hi johtls t9u asiei under bail of cox bd- ini arrested upon a warrant of which tli following is a copy johnstown j prrs ftly appeared i jgi iclj before me john me ptnell esttun one of his mic stys justices of thv pence in and for said jjhic fticknrd fraser and up on udth sodh that h believes robert o urutv he a seditions person t csv arr therefore in his majes ty- roeto command tou forthwith t p hend the said robert gourttljfi a 1 a hhn hefofe me or some of- his sjafstifs justices of th f i n and for saiil district thea a i i here to he further dealt with ae- wording to qiv 1 antler my hand and sral at job fston this 25ii day of juic islrt signed jon s p dos ml p to tiny constable in said dhtriets a true copy jo ay mc do sell fttf ft plmmfcftral vas f frtfb the srnnd jury o frv court thai i was a editions person on the fourth day itchftg no iiidlchnent brought against nc on this presentment i addressed the and appealed to him as to the xtreme injustice of baring my charac ter ftppersed by n presentment while no trial wftfittfforded me by which i could remove the scandal i spoke ufetty strongly as to the conduct of the jury as well i might and the same day an indictment was brought in bat for what no for sedition but rt libel against the government and goftitous house of assembly contaio- d in the fery pamphlet for the publi cation of which i had been arrested by order of the attorney general ana fri ed at kingston next dity saturday afternoon i wan arraigned i then aked rhe judg if upon this arraign ment for libel the bail n quired for my appearance to answer the charge of hp- dition for which was arrested- and n which the presentment was made to the court was discharged his lord ship said rt was 1 then axked if fresh hail was required to free me from ini- irinment till my trial eame on hi lordship d none ivas required the trial should haw proceeded imme diafi i with mv consent but i had jssured sme country people that it would not eome on before mnndm the a ting attorney general was a-k- ed if he would lix upon thai day fl would fix upon no particular day h said ni perhaps might not bring on the trial at nil i no man of sense will lork for a mo- nienl on the above warrant without bi eq ready to declare it illegal bit trnt dionid b- thought when it is fold that john mcdmell who issued it iiad aood occasion to know that th allegation upon oath of d frim r liidnit fiie slihtet excuse v hat be thought w hen it h told that ri virdonell at once witaessed in jitoos conduct of r d fraser and ttiy extreme forbearance my peaeea- l uid tjmpeifite conduct tlnoughout cofiiipojen you should pause and re- fltiot upon this it h a poor hoarf thr veijve under the criiiuli ciifccuj gxihigahnzd uih be ttiigrwi tj tulicii if our liberty is thi vfilvonj oj t veccj hy ar hw h be abridged iy the dapri wick- j 9htgfftte id- v has hr r and foolish magistracy jfnu aid i to red here netti jj tzco nioni irs x iezcitig at a distance the scene of jolty and con- cfarcct i tfld gjven this ropy u ap peared to som person on the tfffh june but neoher wanting to know who this peion was nor to waste time i bade proceed as no doubt 1 had rmny of these to prve the inuendoes has the next step and for this purpose a wise man of the law was set up as sr oracle to determine the truth of thsp but again f cu matters short ivy declaring that u meant holxrt oourlay parufr nntv the parliament of upper cana da and u administrators the admin ist at or of the same province having had but half a day without interrup tion after my arraignment to prepare for defence tb- wa- employed in wri ting a frw sheets to introduce the jur to thecircuiftpfebnccs connected with my corning to carada my principles and the events which had iven rise to he publication all of which are well known to thofi wvo read the niagara spectator and kingston gazette but fw bt1ejohr1onr dutiiet have had the opportunity as t- reasoning on the question avfsaup i left what was to be said if fb e of fhemo- ment and to speak tlf truth had srnrchy patien e for reasoning on tht objeci i tod the jury that there wa nothing ki ere words to consti tute libel thif in theeye ofthe law thrro was no rrre libel in the words oted than i- hoe of the lords eaer that bl mut be inferred on rvl inter ons and injurious con rqttgnces the verv reterse of the in- reivirns nnti ensequences of m ad- r s ofthoh f april that thead- dreq ha- fouuc enemies as what good u tiat fact proflufoos ps rliat wicrjmaio if comadt i trust i fcjfl hnd led to the cxntdson of mr dtrand 1 1 now be free from the illiberal 3trach ot and the eonfideratftn of which hid waft r d very considerable poffuw ufthefirfl feflion ofthe prefent parliament might be picked up by the dofcrn in any rot- oi monday 811 august it war brought on the iudietnv t forli si et out with a tierce pramble cie j i c not but that he general charging allegations again t r f i wan strjiidy in its favour and fi diffusing dis outents and jai raihiug turn ultsy ci notlunb up projudice- in the court tvu crftcit ihf pro endings of fraser mrljouel co the ttordseharjjed ilwlou were contained in tlueepa s e address of the 2d april vt had utile hope ofsaiisfn l sifting at parliohta p the administrator h ro n 1 inflect whether i rauy j wh forii d ftiich things ii itppcr ca vqfi t c lurit otiii mtttl urp- lletly rtomment his i as a d- m plftee of icsidenca it i a t ciot which should come h n once to yom business and bo- on looking bark to my narrative ad- d d to the worthy inhioibmfs of kifls i underdate99fh june li u ill be ioinid that after giving bail i procured 9 warrant to arrest duncan kraser and hrius him to account for hi riotiu conduct it now appears that though dnoean f rawer backed by hi friends could iwv the brutnl cou- xsjfrt to attaek an unarmed individual trith h bladgcon lie wanted the best isiiul of courage that of an honest 4nan- bifor the constable reached jrjn with the warrant which would have secured his appearance at brock- tille asize when- i should ilbtc been present to aceusc him he had the cun- riin to contrive with his brother ma gistrate that he should be bound orer t tire quarter sio1ls to plead gutl- t before his worshipful friends aul hera to b- nre a most shamcf il train jroce dings went forward seveial ij the people who had rushed in to keep the pence when they saw fraser jfm ck rc at johnstown were indict- among these a young man of the name of grant had been most active iietore usin the least violence lie had received a severs mow from fraser o terthe baik parr f the hand and vi tfaii it had gained me public thanks from v ry paitoi the province wbere fie ilf of information reached i ijs ifn makcious production w t to rrwardd i deiied my accu ser to produee the slightest proof of being the case of tumults and ol- fmfd to bring evidence to hw that disrdrlv and riotous conduct had on- been drpln d liy people now set- hngafith grand jury as to the sene which this ver zratld jury held with regard to the rtfej of mere word- i iad to quote an extraordinary itance j knew it to iv fa and no one pre sent would daix to contradict it that fusion 3d u the constitution bf uincr thi crand jury had beesi appolit- rone nod fh fmffc uws fi h flitai rovneefs to tor- ano 411 the hhssings of social compact are running lo zcaste fr three icirs the lows have been tluccrtrdbu executive power for three sessions have joar hgislo tors sat in assent hi n and iven tant tion to the monstrous the hideous a- busy mr jonas jones lawyer of brockville and member of parliament for the county of greriville opened the pleadings lie began by saying that this prosecution was brought on not oti the part of the crown or gov ernment but of a person who thought himsimfaggrieved he then said it was on the part of the distiict of johns town then again that he wa em ployed by an individual and lastly told u that it lay between the king and mr goiihhv thu- the lawyer fell a most respectable person had thought it ills duty to present to them that the rev john uethune of au gusta had instigated another person to wring my nose and pluck certain pamphlets out of my hands at the lirst meeting called by me in that township offering at ame time to protect the per son if he would do so this present ment the grand jury wavedsaying hat the instigation hnd not taken effil with this fact uncontradicted i ap pealed to the court how this jury could refosp mich a presentment so well grounded and come forward wantonly and maliciously to asperse my charac ter through the medium of a present ment which had not the hadow of a foundation ten borough of england during a gene ral eledlion and that the contlituents of mr dili and had done right in tgatu returning him as their rcprefentatve had it only been to mark then difappro batfon ot the abfurd mean and tyran nical difpofition ofthe aflembly on that occasion having done with my defence i wifh ed to cap witness who had o ferved my condud and thetffrd of reading fhe pamthlet at all the meetings held in the difiria of johnrtown this however the judge would not allow and i am thu left without a remedy of having it recorded in a court of juftlcc that i was a feditious perfon and that the publication of the pamphlet in qiieflion had w raifed tomults and dtffufed difcon- tents and jcaloufic- the rectd will not i truft have the full effe for which it has been mainly intended that of palliating tht ffenceb acraiuft the aw and decency o mtftrs fmfer and mcdenell perfonal protection u the firfl obje of law and wrongous im- prifonment the moll flagrant abufe uf it the reply was made by mr henry j poulton solicitor general of upper ca nada and on this occafioo adding attor ney general the crowd who wit- ncfled thin filly lads conduct at kfng- fton need only be told that hcc it was but an excufe of the fame at kin- ton he let out his fplcen agamil the convention of friends to enquiry by lay in tht 4i they weie ad contempt hie at york as they were at hme he now condefcended to animadvert and run down individual charades aid be- caufe in anfwer to the attempt of mr jones to tfr up the feelings of the jury bgatnfl thofe who would fpeak freely ot the condofi f members of ftembly by malting it appear that they the people nf the country were thereby degraded i had faid that many of the members ot afteernbly were friend fl mow caufe and never put a had couirrufticu on the pub lication now charged a lihchou be- caofe in proof f his and f the relpec tability nf our cupporteffl i had aid that the chairman of our very firt meet ing was 3 member of parliament and bfj honestly declared that he would al- w3 do what at the time feemed best fn ltd flftw tft rtoflry tettrik had faid that the chairman of the con- vtnl n has been two yeaia ipeaker of tlcaftembly therefore mr liouhon thugbt fit to run down and ridicule tw as honest men as the province holds ii its bounds mr secord and colo nl keafcly finiusinej with a eulogiom if favr of his oven family and connec- timis the condnft of whom he defied any 0 to impeach it will be remembered hi thofe who witneffed my trial at khijrs- tn that provoked by his icrfonal abnfe o myfelf and in the fzee of a vain pan- eeric on the virtues of official charac- ttffl at york f laid that i could im- httle iguoni t men had i not been personally aitaied never fhpuld i have stooped to perfonality it never could give me plealure but without the ufc of it my writings never would have a muted the people of upper canada while t was beaten down on all fides by pen expofute let it he remembered that h this i have only afted up to the rt itto of my country 4 nemo me impune lacst robert gourlat we think mr gourlay lies t dt a mistake as we do not recol lect of wing the handbill production here alluded to published in any pa per besides had it been the cue he editor never would have made the following remarks which we ropyfrau the phrrnix ofthe 18th august and 1st september viz about three weeks ago a placard was fent to this office from york under cover for which we had to pay one fhil- lingandfour pence h c pottage this wis a mean low lelfilh ipecies of rob- hery and every way worthy of forne of the york wits this miicrablc produc- tion w3s printed at the government preffi and i remarkable for nothing but jiving rife to a fevere retort we do not prefume to fay that the editor ofthe york gazette was privy to this tranfac- tioa we hope he was not hu that the placard was punted in the gazette office we have not the leaft doubt the type fpeak for themfelvea we congratulate the public in gen eral and mr gourlay in particular or the iffue of hh trial at kingfton eva- ry thing great and good politically fpeaking depend on the virtue of juries may they remain inflexibly virtuous and theprefs will be free pach his own father with neglect of ty no lefsthan the nonprofecution as to libellinjr the commons boufe of o murder wile hwaa attorney gen- compjefelvcouiounaed tno sum trio dues t- t inn f in parliament it was a eg which would leal and i repeat that a flagrant cale mm a to who was the prosecutor vcii t- 1 11 ii i- u and at hi- hocr i do not knew for on desiring after he hal to be inform- d 1 vti an ivnitlj iii iciiiiiiii lilt uiijucu mr joni5 retused to tell mid the j- r i i r i i b a f hnjr f the lower houfe that kb juoye would live me no butulacfion i l i o i member were mere ephemeral beina iwr i onegn ppeecn contained no a rli r r l t r i i 4 i the le rvmt of the peoples and being g iment it made a dead pour at tin- l r peace r iff then told he jury that k libel wc the malicious defamation of characters and that the words here ronequeritly proviked to strike aairj i set forth tended to expose to ridicule 1st the ujidt of the fray john m 0 -n- the member of assemblv but seem- i ingly doubtful as to this eiime said that his lordship would tell them ahfolutely be langhej at in england io the kind exists which would warrant hat there we were allowed to go al 1 1 fich impeachment it was a brother of roof any length in lathing the proceed- tiis mr roulton who first fpread the nport in the steam boat in which i pilled last nfovemher from york to nii aara that dotf or strachan was railing prone in betray their trult it was a rule j ropotition to the lucceis or my hrst ad- awcrrion a t the wmmui takio- no j- r msabufe and breath bv i j 1 r l- his re tbe owwof avfeecl hld mtt7l p lmpton for having pnhhfhcd that ad olnutlohv has not rh pblica- f ther v know n- defs and lam nw informed that it hon been th- came f teearhw oi the f t t bfn j ths mr booltnn solicitor gene- i to trie tnr ot parliament and even imj prifontd for attacking the chai afters of ftll interfered and seiili graht bj the breast pushed him violently back i th wall when grant returned hh rudiiess wtthfl blow this ac eordinjt to the best information i could obtain was tin tioe btale of the cae proved before the- majgmrftfe ill ses- s n but vrhat were the r deereea tyrant who hnd like a good subject fend tivond to keep the peace and act ed lontly only after he had been tioiffifly assaulted wa fined fi and condemned bd to a months im- pritinmetit while they lrt off fra ser who brfoga maislratp was spe- ciwry bound to keep the peace who lad virt sfrnck me and then the per son who endeavored to kep th peace him ihevletott for forty shuiiuffi at t h rsrie frasorand mcuon- ell er- on tie clrand jury and they wjth their friends formed the majority ihuving attended mere to do honor to m bail i stood up as soon as the coo i was fairly constituted to protest airi te illegal warranty and obtain ni diciiaric tlds however the jocue would not srri u t c that i w hether it was libel or not further quoth the member of parliament this publication charges members of par liament with making a fct disgusfingre and then briniit the matter hornet the personal feelings of the jury asked whether such language did not only degrade the members of parliament but the people who elected them the people of the district of johnstown finally he apprised the jury that it might be said that i had already been acquitted as to this pub- lication but that i had not yet been tried for the words now charged were not the samt as those on which i had been indicted at kingston be sides i had published lite pamphli l in another district and u gentlemen what have you to do uith another ju ry oid 1 say that the speech of mr jones contained no argument i must retract it does contain argu ment and man inferences may be deduced therefrom when mr jones had done ta i king uliist obfde ny trial on the 6ccoihi the jotr persecuted puuiphlct was pro- individual memberft during feflion but knew not if an inuance cotfld be quo ted of profecurfon againft the free ex- prefiion of opinion as to the general con- duft ofthe houfe mr jones had told the court that the aflembly had aju- dicial r well as a legiflative authority he had even hinted that i might yet be fum mooed to its bar to anfwer for my publications i ridiculed fuch pre- fumption by ieferring to the abfurd pro ceedings againft mr durand wherein i believed this mr jones had been a chief ador he and his coadjutors had difcraced the aflembly of this province by aftuming judicial authority in thit inllance by taking cognizance of matters out of ftffioii and which never could interrupt the proceedings of rhe houfe the judicial authority ofthe houfe of commons goes nofwrthei than to this of checking immediate inter ruption ia the authority of a judge may dircaly impilon adidurber of thecouit in which he prefides the houle of commons of ingland never would be mean itfclf by noticing elcftion placards all ibrts of ftirffwaa allowed o fly a- bout at will during the times of par liamentary election and were con- fidered as little a heeling tlie charac ter cither of the aftailant or the affailed rl of upper canada and one of his bothers who compofed the difgraccful j hmd bip printed at york and circua td there on the fecund day ofthe mect- jig ot the convention a production vhich was indignantly re fu fed a place in te montreal herald but which obtain- ci one in the upper canada phoenix a production which will paint the char acter of its author in colours far more csprcfrve than any language of mine can cifplay let our new governors look upon this production and it will prove te best mirror in which they can fee the true charafters of fome now holding the fist official fituations in upper canada gentlemen for nearly three months i have been harrafled and all my plans deranged by arrests and law profecu lions for nearly three months the cain of communication has been broken nflf between my family and me 1 am now hurrying to new york to receive accounts of my private affairs which in the expectation of going home i order- el to be fent to me then 9 months ago fstiy fiist duty indue to rny family if that calls me to england i must go if it admits of my return to upper cana d 1 hall immediately return 1 am rr ost anxious to return for tliefc times ate big with the fate of this province aiid great changes must be matie or a roviucc of euglaud it cjruqt long re- for the kingston 0zftte told you when you fct the stone a rollings ttuould roll upon ynwaves the vvoids ofthe old poet arc verified w thefe utter days the recent political profeeutioni this province have to far produceil the- elf orrdufted the folly and wicked- nefdilplaycd in thofe party proeecdhtbt are fo generally perceived and i i indig nantly frowned upon that rt in become a quell ion of mure than ordinary euriolltfi where this ridiculous fydem of pe fecution originatd whether in the cmndmi tork of rni 0 hrockville we have feen the pupprfi ading in their feveral characters the punch ofthe show has played his part in open view but who is the magician that fits behind the fcene and puffo the wires to him whoever he rk the- loughterioving public are principally indebted for all thistragicroicofr cfil amufement if amufement it my be calied for as the frogs in the fable faid to the boys who pelted them vith itones thougfi this may be fpurt to you it is death to us so the people nf this province may fay to the boys who are pelting them with indictments presentments and warrnnts and to the old boy who fct them on thefe repeated attacks upon the right of petttioriqg the freedom ofthe prefs altho huyift and ridiculous in their management are yet too fcrinus in their nature to be paflld off with atranlieut laugh their authors and attors as well as the inten ded vrisirn fhould be noted down and held in lalting remembrance- vox populi from the n t spectator of sept 8 short arrival from england the fhip magna captain ogdcn arrived this morning in the remarkably fliort paifygc of 23 days from liverpool and only 17 from land to land capt o is the bearer of dilpatches for the secretary of state by this arrival london dates aw received to the 6th of auguu ad liverpool to the 8th our lateil lloyds lift is of the 4th on the 4th of augufl an order in council for proroguing parliament to the 2d o october was pubhdied in the of iicial gazette one of the london papers of the 51b fays there is not tee believe at prefent any intention of as- fembling parliament for the defpatch of bufineu until after chriltmas the repfirt of the 5 h refpcing the queens health hated that he had palled 4 a pretty good night and il better to day no expectation how ever was entertained of her recovery the doke of wellington arrived a dover on tire lit of aug u it and at lon don on the id on lie fame day he had a long interview with the prince regent and another on the 3d it is underflood that he will bun return to the continent a letter from captain jackfon ofthe whaling ship john who had arrived fon greenland at greiflock in fpeaking of the arctic expedition feya 1 caa fay little 0 t difcovery ftip8j except