IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 |J0 ""^^ lliil^^ ui Hi |Z2 1.8 U III 1.6 ■V <^ /i /: a-^ » Dttu jt)'^! ;v ©iPiii^iE:Bm Qw ^mm Sir, ■^Ui< ti'sw N'P; .■'f)! .f;: vr.u!;r, n;// flq'.i^r-irUj 0(iJ fin ;";U;f: iiill b'^ivi I havo transmitted memorials to bo presented to the Legislature oT Canada now assembled, in relation to my arrest, imprisonment, and trial for Miirder and Arson in the United States, on the charge that I was one of the party who by your command destroyed the Steamboat Caroline^ on the night ot* the 20th December, 1887 ; and requesting that the Legislature, as the legitimate Guardian of my rights and the Rodresser of my wrongs, may devise such meanis as its wisdom may direct to compensate me for the losses 1 have SUstaincxlt and the injuries I have sufiered, without any fault of miiie^ in a Plu'reiy national matter. .V.-^Hv.t ,vit^ v.v.m r.u^.vm \v.\';v>i-:. 'y>\-S,'\\\y\-\ ^w I need not detail to you the whole narrative of my di^edt, impi'iionmeil^ a¥id trial. The case was notorious, and 1 know you took a deep interest in it and watched its progress carefully. Your name stood first, >and mine Fdc^nd, in the Indictment found by an American Grand Jury at Lockport, on the !3nd day of January, 1838; aud although you are aware that I had nothing to do with the burning of the Caroline, yet, strange as it may appear, I am th« only one distinctly sworn to as being well known and clearly recognized Rt the attack. The minutes of the evidence taken before the Grand Jury a|; Lotekport on the '2nd January 1838, are before me. It is distinctly sworn toi by Gillman Appleby, the Captain that he had made such boast, in a tavern or elsewhere, in the United States J and I have never heard that he has made such boast in the United States at any time. I attended the trial of Mr. McLeod at Utica, and am un- der the impre^ion that no proof was introduced, at that trial, whiclji would, in the slightest degree, authorizia the report above referred to. i^lven under my hand and seal, at Lewiston^ County of Niagardt 7 /i, "State of New York, this 2Ath day of September, 1842. \ . .. ,1U i\ *\\ ^fA-} \fiv\ 'fl iv^yi ti^i c/i f!i5 .i-^-'i* £!! |)'>>4Un I was very much blamed by rnaiiy for going to the United States at aU ; and more particularly after I had been once arrested and discharged. They said I should not have gone there at all ; that I was a marked man among a certain class that were then prowling about among the Americans on xh» frontier, and were exciiing them against the Canadians, or such of them 9A were supposed favorable to the existing Government of the Province ; that I had either taken or was alleged to have taken, an active part against the "patriot" movements in this vicinity, and that therefore 1 should not have gone where they were still lurking about, anxious to be at some mischief. — My motives for proceeding to the United States were not generally known, and therefore it was easy for a few malicious peraons to build up a bad repu- tation for me on the slender basis that wasapparently made to sustain, their ca- lumnies. The story ran that I had fled to avoid trial for sul ornation of perjury, and as that was not considered quite bitter enough, they made out an account against me due to the Government, the Banks, the Estate of the late Sheri^ Hamilton, and the Merchants of Niagara, to the total amount, I believe, of about $50,000. I was at the same time accused of a variety of crimes, that no one ever heard of till I was in prison. These charges were of Canadian manufacture, and well do I know where they were made and polished off from time to time to suit the public taste.— These stories were just as true as was the indictment found against me at Lockport for burning the Caroline and murdering Durfee. Out they require refutation. They were trumpeted abroad through the world andx^o doubt bin lieved by many, and when I appeal to my country for redress of great wrongs sustained at the hands of a foreign nation, it is but just I should show tht^t I come before them with clean hands and a good cause. I shall therefore brief- ly set forth my defence to these charges. First, as to the indebtedness. When I arrived in Montreal oh the 16th 6i October, 1841, after the trial at Utica, I was informed that I was much in debt to the Merchants and others of Montreal. I made some enquiry afler my creditors ; as they did not seem to be coming to see me I wrote a note to James Jackson, Esq., who had frequently said I was indebted to him several thousand dollars. But, instead of coming to me to get what he alleged was due to him, he sent his friend, Mr. Logan Fuller, to say for him that he was wrong, that I did not owe him anything, and that he was sorry for what he had said about me. So far from being indebted to Mr. Jackson, I had gained a suit against him in the Courts of Upper Canada, and only on the 11th September, 1841, I had six hundred acres of his lands in the Talbot District sold at Sheriff's sale to pay the judgment 1 had obtained against him. These lands were bought in by my agent for me and are now in my possession, and excellent land it is too. I was inclined to publish Jackson's tales at the time but I was informed he had been unfortunate in business, and supposing I would never return to cull hi.n to account, had palmed the story of my indebtedness to him on his creditors. I was astonished afterwards to find that nearly oil those that were indebted to me in the Province (and they were pretty numerous) had been busy passing round the calumny that I had fled to avoid my cr(>di- tors. I could name many that cannot deny this assertion. However, aftei^ stopping a week in Montreal and having been treated to a public dinner by a number of respectable gentlemen, who were generous enough to see these calumnies in their proper character, I was cautioned by a gentleman, who had just arrived from Kingston, to pause before I went westward ; he said I would certainly be lodged in Gaol, as he had been at breakfast iq Barpfofd's Hotel iu Kingston, ond Ivcd hoard that if ever I canie to Upper Canada I would be arrested by a number of people to whom 1 was in uebt ; that Mr J()ha Eastwood, principal director of the Fanners' Joint J^todi Wank at Tcionto, was at the broaktust table r>n(' stated that 1 was much in debt to that Bank. However I took my route westward, and wl)on I arrived at King" ston 1 Ibund my three brothers had been at the yherill''s office to enquire it' there were detainers lodged agxinst mo from Toronto, as it was alleged it was. in that city i was so njuch indebted. Their object was to prepare bail for me — I thanked them for their good intentions towards me, but I told them the heavy list of debts in 'i'oronto would turn out like my friend Jac}tson'S;^ When I arrived at Toronto I ca'led on Mr. John Eastwood relative to his charge against me of indebtedness to his Hank. He acknowledged he had been laboring under a mistake— that he found I was not indebted to the Farmers' J.oint btqck IJJank. Mr. Eastwood is a highly respectable citizen of Toronto, his repoi'jtsof my indebtedness to the Jiank of which he was Principal L^ir^qior, gained full credence — hcncq the current belief that 1 had fled to avoid, impri* fonuieji^ in Canada for debt. I nave to say that in November,. 1640, w.h^Q;)!.' w«nt to the United Stales I was not indebted to a Bank in the world one <;eni); I was not indebted to the Canadian Governmcnt-^that Government was inf, debted to me. I was not indebted to a merchant in JNiagara one penny. The aggregate of my perjjonal debts did not exceed eight hu|idrod dollars, and therjB, was hvo times as much legally duo to mo, besides I haa ample property to mec^t ail demands against nne. It was alleged I was a defaulter in my office of Deputy Sheriff' to a larga amount. At my. trial at Ulica, William L. McKenzie, who was aiding the United States Counsel for the Prosecution, handed the Attouney-General a^slip of paper containing questions to be put tp.DiVvHamiltou when examinod on it)/ defence. I have .that slip; of paper now before mo. The questions are as follows :— "Are you a. brother of th«, late ShgrifF Hamilton whose Deputy the prisoner »vns ? Yea. VVasnotthe jwrisoner indebted to your brother at his death ^16,(101) '? No, my brother ti^d^ me. PQ'hi« deiith-bed that his accounts and thQ prisoner's were nearly balanri Ced.'' Soon after the death of Sheriff Hamilton, I had my accounts made up.fc I found thero was much more duo to the office than was due by it ; byt as 1. could not collect at once the monies due to me, and would be called upon at once tp pay the money duo from the office, whii:h I found amounted to fiv?' hundred pounds, (I had given four sureties to the Sheriff, each liable for $8,U00, and also my own bond for $5^,000), 1 was anxious to save harmless, all parties, the Sherilf's sureties as well as my own ', I therefore called on Dr. Hamilton, who was one of his late brother's sureties to the amount of five hun-; dred pounds, and requested him to loan me £500 to enable me to pay all debts due by the late Sheriff's office ; that for the securing of said loan I would assigf); over to him houses, ^he annual rent of which was at that time Jt273 10«., free of all charges ; and that I should repay the said loan as I recovered monies due, the whole to bo paid up within a year from the date of tho loan.—r^ Vr. Hamilton was President of the Suspension Bridge Bank, and he agreed to grant the loan, provided, his Counsel, Tames Boul*on, Esq., of Niagara, approved of the security. Ue took away the Deeds to his said Counsel, who soon after informed me that he had made out tho asvsignments to Dr. Hamilton and desired me to goto nis office and execute the transfers. 1 did so, and desired Mr. Boulton (who was at the same time my Counsel and had been fpr four years previous) to get a bond from Dr. Hamilton reciting tho cause of the assignments to him, and binding him to re>convey the property to me on paymdnt of the amount loaned and interest. Soon aAer I drew on Dr. HainiU Ion to thfl amount of about $'>00. And that was all ho would give me. I then called on Mr. James Doulton for the Bond I had directed him to take ; he coolly informed me he had got no bond, but that Dr. IJamilton and he under* darstood each other perfectly well ; that Dr. Hamilton had employed him to make the transfers ; and that as he did not consider me his client in the case, he had not taken a bond j I at once saw that my property, worth fSjOUO, had passed out of my hands for a trifle, and that I had no means lefl of paying the debts due. I wrote a letter to Dr. Hamilton relative to the affair, and here follows Ai» version of our agreement : — . , . ,, ..,..., - , rt;)»j.<;w;t( .;t:r.;. r;/. Ji-.; nU ^ i^ " Queenaloti, 10th December, ieZ9,' '^ DKAft Sir, ^ 'df^rv; ^.«v ■^■■y^'fr^"', My impression with regard to our agreement is, that I wM M lend you JC3U0 if 'he Government paid your claim, or il5()0 if such claim were not paid, you undertaking io convey to rne the leases of property held by you in Toronto and Niagara, and a Deed in fee simple for your lot and house at the City of tho Falls. And I will re convey to you the leases and title as soon as I am satisfied that my late brother's estate and his sureties are perfectly safe from any chance of loss from the Sheriff's Office, and the money advanced, or that I may have to pay fur you, with interest, is repaid. Yours truly, !lft 'tk^.yrw: JOSEPH HAMILTONi jfij Alex. McLbod, Esq., Niagara, i • *. ^'i - Of <^rie Dr. Hamilton do^s not say that I agreed to these condit^ofie.-^ The first I heard oi such conditions was when I got his letter. It was no discharge from the liability of myself and sureties on our bor'ls to the late SheriflT Hamilton, or his heirs and executors, that Dr. Hamilton had got mf Inrg") property to safely keep until he felt satisfied that all was safe from harm from the Sheriff's office — not at all. The executrix, without any reference to such agreement as Joseph Hamilton says he made, sued my sureties and tot a verdict against them on their bond for JSI,'2il, all that she could claim for losses by suits against herself and the sureties of her late husband. And I have te observe that far more than half of that is for costs of the prosecution end defence of the suits brought against the said sureties. So it will be clear> ly seen, that if 1 had had the rents of my property in my own hands, how easily I could have settled all claims against me. Besides, the actions brought asainst the Sheriff's sureties with twoor three exceptions were entirely fraud- nlent, and judgments were obtained against them by fraud, as I can clearly and distinctly prove — but this is not the time and plr.ce to do so. ' When I got safely incarcerated in a felon's cell at Lockport, Dr. Hamiltoti took possession of my va'uable property for the trifle ho had advanced, and re- tains it to this hour ; he has ever since collected the rents. When the suite were brought against the sureties, himself one of them, I asked him for some money to get witnesses for the defence, to defeat a base conspiracy to rob, but he refused. Several actions of a fraudulent nature were brought and tried durii^ my imprisonmemt, and verdicts obtained against the Sheriff's sureties. I had written from my cell to the defendant's counsel to try and delay these euits until I could get back to attend to them, but they went on, and as far as I eould learn, were all but undefended, at least I never could find that a single witness was ever examined for the defence. When I returned fsom the United /■■ ■^—n /■■ Buit«8 in NoVAtnber, 1841. I found verdicts had b««fn obtaiiieb in two suits Against the sureties for large amounts. I at once set about getting evidence to obtain new trials, and applied to the agents of the defendant's counsel, in To- ronto, for that purpose, as the defendant's counsel wos then in Kingston. I minutely described the nature of the defence 1 hod against these fraudulent wuc- lions in the event of obtaining new trials. But the gentleman turned away from me and said he did not think the verdicts could be set aside. 1 was af- terwards informed that he had been employed in both cases for the prosecu- tion. I ther. applied to W. Hume Blake> Esq., of Toronto ; he took up one of the cases, ex gratia, and succeeded in defeating the plaintiffs after three ver- dicts had been given in their favour ; and I am sure the Chief Justice who tried the cause the fourth time, as well as all in Court, felt convinced there never had been any cause of action against the Sheriff's sureties. After this fourth trial the counsel for the plaintiffs (who had conducted their case with great talent) told nte he was fully satisfied that the verdict given at last in fa* vour of the defendants was a just one. But his clients were not to blame, they are highly respectable merchants of Montreal; but the causo for the suit origin- ated in another quarter. The other verdict I tried to get set aside was con- firmed, and constitutes one thiixi of the £1,200 verdict got by the executrix of the late Sheriff Hamilton against my sureties. I have the most cSnulusive testimony in my possession that it was entirely fraudulent in all its bearingS) and ii could not have succeeded had I been in Canada to attend to it When it was tried. - I here rest my defence on the charge that I fled to the United States in 1840, to avoid my creditors, and I shall proceed to refute the allegation that I fied to avoid punishment for subornation of perjury, and in doing so I shall fully explain why I went to the United States at ail, and by whose advice I went there. ;-' t 'i:'*il ' When I became Deputy Sheriff to Sheriff Hamilton, in 1834, it was agreed between us that I sh^juld have the entire control of the Sheriff's office ; that I should be responsible for all monies collected and all debts contracted ; that I should employ counsel to prosecute or defend actions connected with the ofiice ; that although such suits could only be prosecuted or defended in the name of the High Sheriff, yet I was responsible for their consequences the same as if they had been sued or defended in my own proper name — and I was responsible for the acts of the counsel I employed to prosecute or defend such suits. I was Sheriff de facto. It w^s agreed that the Sheriff should at- tend the office at least three days in the week from 10 A. M. until 8 Pi i\l.— But ho never spent one hour in the Sheriff's Office during the four and a half years that I was his deputy. Being Postmaster at Queenston, his whole time was devoted to the duties of the Post Office, except being occasionally served with a rule or process by the Coroner, and receiving upwards of JE4()0 per annum as his share of the emoluments of the office. He knew nothing of its affairs. In 1836 I got my thigh bone broken, and became in consequence lame for life, and unable to attend to the out-door affairs of the office. I intimated to the Sheriff that so soon as I could wind up the unsettled affairs of the of- fice I would resign the situation I held as his deputy, he then wrote a letter to mo, of which the following is an extract : '?.'>* ri! « !l i ii ! I 1 has been, and still is, a very troublesomo ono. You have fulillled Its dutled with activity and energy, which has given ine entiro satisfaction, and I regret Jrour exertions are impaired by such n serious mislbrturio ; but I hope your eg will soon get well to enable you to rido about. 1 doubt I would have dif- ficulty to find a deputy so competent to perfonn the duties of the office aa you are> 11 " tw } < I'. • .J )'•! . I ■1 ('• I am, dear sir, ' ' ' ' : Yours very truly, ALEX. HAMILTON. On the 19th Februavy, 1839, Sheriff Hamilton died. After his death many of the magistrates and leading men of the district advised me to apply to the Executive for the vacancy. A petition to the Governor in my iavor was signed by the whole of the mo gis I rates assembled at the Quarter i?essions, at Niagara^ on the 13th March, 1839, and many of the principal men oftho district, of all sects and parties. J. have been accused of having been a violent politician of the despotic or- ddT ; and to show that I was obnoxious to the reformers, Charles Park, Davis* •pot-boy, swore on my trial at Utica, that it was tho reformers that urged him to go to Utica to try ♦o get me hanged, and I must say that not one of the witnesses played his part better than that Canadian ; his statements were so well put together that they really appeared like truth. However, whatever my politics may have been, the three reform members of Parliament, of tho Niagara District, signed the petition to the Executive, that 1 was a fit and proper person to fill the important office of High Sheriff of the said district. — These highly respectable gentlemen, namely, Messrs. David Thorburn, Gil- bert McMicking and Richard Woodruff, are well known to be consistent and honest reformers, and are not men who would recommend for an important office under Government a man whose politics led on to despotism. I did not obtain the situation prayed for, but the petition is filed in the archives of the Government, and is clear evidence that I am not the infamouc character my enemies have represented me to be. I shall hero insert testimonials of a later date from several of the magistrates of the district, and 1 do believe that not a magistrate in the district would refuse to adhibit his name to the follow- ing document : "We, whose names are hereunto subscribed, Magistrates of the Niagara Dis- trict and Province of Canada, certify that we have known Alexander M'Leod since August, 1834, at which period he was appomted under Sheriff of this District. We are aware that with few exception.s the whole duties of the Sher- iff's office were performed by him, and so convinced were the Magistrates of his meritorious conduct in that important office during a time of groat pecu- niary embarrassment, and of his energy and intrepidity on several trying oc- casions, that on the death of Sheriff Hamilton they signed a petition to the Executive to appoint him Sheriff of this District. During Mr, M'Leod's im- prisonment by the authorities of the United States, on tiie pretence, that he was one of tha destroyers of ''le steamboat Caroline, we heard allegations against his character, namely, tiat he was a defaulter to the Government — had absconded from his creditors, nnJ had vain-gloriously boasted that he was one of the party that destroyed the Caroline. VVe believe that these calumnies were without foundation y that they were engendered and assiduously spread by malicious individuals, enemies of peace and social order, that such slan- ders might conduce to the conviction and exeeution of Mr. McLood, and con** Tfl ^r ■iU. .'Hi! •unimate their ardent desire, a war States. Dakicl McDovoal, J. P. Thomas BvTLCiit J. P. I. H. Joii>s<>if, J. P. Lewis Clembxt, J. P. , John L. Ai ma, J. P. V ij EllWARD E%-AHS, J. P. . . DvHCAif McFarland, J. P. I need make no romnrk on this list between Great Britain and the Uoile4 3.1 tl J RoaenT Mblville, J. P. Samu'l Hirdsall, J. P. Amom Bradshaw, •!. P. £DMU?in KiRKLEY, J. P. John Mcwbuhm, J. P»,i John Clark. J. P. ;o ,...„;a j, J. W. O. Clark, J. P. r r . of notnes ; their respectability «n4 , ■> I fin worth is well known in this part of Her Majesty's dominions, and that rocon* sideration would induce them to put their signatures to such a document un^ less they were fully convinced of its truth and justice. In the month of March, IBS.*), I engaged James Boulton, Esq., Attornoj; and Barrister of Niagara, as my Attorney and Counsel. I agreed to ^y«( him the business of the SheriflT's office, such as prosecuting and defending, actions, attending to the defence of rules and attachments and other Ivgal business connected with the Sheriff's office, and use my influence in tbe^ District to procure businec no time to examine and adjust our accounts, and begged I would wait until some more convenient time. When I found that he had given my pro* pe:ty to Dr. Hamilton without getting any acknowledgment in writing of thO; cause for which the transfers were made, I felt the necessity of closmg roy^ business with him os early as possible. I therefore requested and received' from the Executrix an authority to Mr. R. Baldwin, M. P. P. to sue him for his account — process was serveid upon him in February, 1840, and he imoM^.; diately hurried home to Niagara, and on the 14th Feb. had Dr. HaDniltoa seiv- ved with proces? on half a dozen suits for alleged defoults committed by me m^ tbl» Sheriff's office, during the life time of the Sheriff. He accompanied Ro^ j bert Maitlnnd Roy, a sheriff's bailiff, to my house, about midnight on thai; 16th February, when the said Roy threw in the writs and subsequently swor» he had made \ good service. I wos much surprised at these proceedings. Vf had never hod the slightest notice that any of these actions were xbout to, be brought^ Dr. Hamilton called upon nie on the Monday following; ho' was as much surprised as 1 was ; he had never received any intimation, he; •aid, fVom Mr. Boulton. that such suits wero to be brought against him t eo' i Tit 1M 18 Ar from rnat, ne said fliat nr, Boulton ma upon one occasion inrormed,q)^. tliat the afhifs of^the, late- Sljcriff's office \vere>^all.i^ght. ^.d,4h^t )\p^l?«lieved' my personf l^ebts wcre',v(pry t^fling. Dr Ham^llipii iur^h^r 5fiiRosp," at that time lying in the Chifl^ ]ft%ti Rive ri in the village of Chippawa, and desired thai I should mfeke tt levy- dii^hb^ on hid execution i 1 soon after went to Chippavvn. and fourid the veirf-^ seflf'deicHb^d by Mr. Boultom She Was then in the service of thij- Oot^yri*' iliiilit, and there were a number ol sailors belonging to Iho Marine Bri^dft^ oil board, as «he lay fast in the ice. Imnde ilie usnftllevy. ' In a feM^ ^irfeekb afterwards Mr, BouUon came to the ShoriH's Office with Ifezefcfah ]^V}^, aild said that Davis had made arrangements with hitn' tO haVe hW ©jrfetUtiOh stayed, and that I should relinquish' the levy I had m^e on tKe^ eftKdftnier. I fold him that i would relinquish tho levy madeonhis execntiohi' btif would etfll hold the fechooner on other execution^ then in the office ftgaini^t B^iVs:go6dis; It was then agreed that Davis should pUice seCuntie^ he h'dMi oMInW third parties in Mr; Boulton's han'^s, as security to the Shei'ifT thrtt' IB* 8«*hooner should be forthcoming when required by me, to rtieet th'e e!x'^c^«» tl6)rts itt the office against lier. Davis was anxious to make thfa arran^-; O^Mf^' us h* snidlio had 'lumber at his mills at DtmnVillfe that Ire Was 'abotit' ttf 8*nd in his schooner to tho United Stales at the opening of the h«v!gatt6#i, iH^iCh' h^ could sell for cash to pay off his debts. At that iirtie tio ftash couW ^(freiilfzdd on sheriff's sales, except at an irnmenso sacrifMie, do I entered ki* t#^^*^«rWi!igement and al'owcd Davis to remove his schooner. In Jiihe 0*' My fi>N<)Wing, Mr. Boulton came into thd Sheriff's office fisJ desired thfsif Vo should gr> on wilfe his Execution against Davis ; he said I?a\ is was n great l¥l^tflil, he had given him a power^ of attorney to draw the mon6y due to him V^ tho Government for the use of his schooner, and that wheft ho had called if))0ivth6 C\>mm)«iBftriat at Drummondville to draw tire knortey, he fo\ind it had l^il alrtndy dra\v»n on a power of attorney giveir by DnVfs to 'hits fcbusltt,* , u i jpa^Ii^ Davis. «l ^ii ta Mr. lianlton ba4iniUs.-jii>dluiT>bqT, aud liQUsekouid ^vcrbisp thernj, i^nd let hiin knpw the day iof sale, and he ' would attenS^^ ^bd i)urchaa3.. ; I saqt a bailifto Dunnville, and had I'avis's, .property a^vertli^.. 4.gave n9tj((;Q to Mr, Royltqn pf the day of sale, and he attended jthat day iil .pui^vill^ . jVt^hepthe baili^I had sent up [to sell the goods roiurrie^, }ie fijh i<9r,t(?d tQ.m^ t^i^t Mr. Boulton had made sowp new arrangenoenV, with WvIL (find desired inixi to stay the sale ; and that he had done so oh a^l'ti^Cly^o(H9i',0^- i^^tions ojlhece were no apparent buyers. When Mr. Boulton carpe'tp'tlie ^ffioe jj spoke to hiqi about the trouble we had been at in sending t#ice ?o .Pujaf^vi|i«, a aist^sqe of fifty rpiles, at his request,! tesides the ^^trayel toJ^tiUe th© levyaiChippilwa j ajad'ae he had.Ptayed his execution ufttilj't Wd ?mi ojit, I woul4 return it And charge him witT^ the foes. He replied that jfiS^s JiOfi g^vjQAhim a bond against two pereons oif the namo of Bianner to giie vipoft, i^fVi ptfhei* «M^ts, and that.Itnight return the writ "nuljd tona^'^ txnd charge tne ,/«ef to hi;n, tBat he would take out a wi'it against bavis*s lands, '^ie 'W/it ,, was, fipQQi^ingly returned "nulla Jo«a,'Vand tha fees charged to Nfr.^oultbii, i>d he tootle out an execution against Davis's lands, and placed It; in rnV'h^i^. 1^ !8i40 jiis aJlegatioDs against Dr. Hamiltpn wore, that I had sbld aSch^jO* japr, thp properiy of Hezekiah Davis, on his excxption against tibe gpdcls'l)f ;.jp^vis, had pocketed the money, and wrongfully and fraudulei^tlv r^tuAMd liis execution "nulla bona" I mad© very l\ght of thei prosecutior ; I lifever for. a ipomeiOjt supposed it could succeed. I had never seen th<^ sc^hooher sifij^e M?«iJay 1 had levied upon her at Chippawa, and I had also found Oui thtii »'g^ .(Jid,not belpng to Hezekiah Davis, and could not be sold to t>ay his '^^h^r— She was the property of one Austin Kel^og, of the Stat6 of OhlOT^Mrife jkn ^Muerican vessel, navigating the lakes under the Americaa |l^g, ,at)(d'Vnls merely chartered by Davis to carry his lumber to market in the tfftited Stdtis, and could not sail from port to port there otherwise than vis an American Vi^ jHei^,an(i,ownied by an American citizen ; and that she was at that very linw, 184P,' sailing. on tiie lakes ynder the OM'nership ot Austin Kello?, still .qhai*- tered by fjezekiah Davis as she hod been in lB.38. Boulton had alsii^^ div^- jcd himsqifpf^^U, claim to tho judgment obtained in his name against D|iVls(.~ IJje iistd beoQ tlw attorney for Stocking and Grier, of Niagara, to whbfti IHo .4ebt from Dayia wa^ realjy due : Dayis was sued in their name, but'Mi^ ^^- t(^ hpd ,tg.l{;ea a pognoyit from Davis in his own name without any autb&rlfy : fr9m,Sj,ocking and Grier J therefore, on the 13th day of May, 18^9, loftg ^fter th.e preiended ^ale qf the schooner, and after I hs^d ceased to bo 'defctrfy ,^heriff, the -Qai plainiifls aad defendant met at Mn Jftoulton's ofl5c6' tt^d ..^gj-eed to takp the matter out of Mr. Boutton's hands, and settle U between f^p$agel,ve3 ; coru^etjuently, Mr. Boulton drew out with hisoWn handri Tecejnt jif^j/^uU of the jujJgipe^at standing in his name, and handed it over t6lhe prftin- jj^w^ owners cf tlie same, to bo by them given to Davis when he futfilldd tpa j fl^rcem ^rit with tlierp, and paid the debt. Had a schooner of David's bjbeh ^^Id [by^jKifltopay this very debt many months before, he certliinly wo\illi 'tuft^ ,j^tiio^f"a,jtv.Hud was no^ likely to make arrangements with the briginM, ownijfa ' of tne debt to pay it over agaii>. 'the real facts were well khow;h to' him aiSd „^ Mr- Boultopi. They knew well that no money hAd evelr beert ;,'r6ctiiveiiJ% |j^!t9 fipply Of! the exe^cuti - Boulton vs Dav^s, and th^f )n ijict^jCiVii'had inoiciip6;iQr to sell, t ascertained frpriri Davwi and Stocking tthe"tolti.W^'fti i '' I 5 ! !! i'! 1*2 t$^ti[^ l^e clatni ha^ been transferred from Mr. Doulton lo Measra. Stoekfn* «j]i9 Grier, and I thought it would be enough if I got Messrs. Stocking snd Yiaria (o attenu in Court for the defence, to prove the before mentioned facts. The cause was tried before the Hon. Judge Macaulay, at Niagara, and to my^ iutter astonishment Hezekiah Davis swore very distinctly that I had sold a 'schooner, his property, on the execution against his goods at the suit of James iSoulton in November, 1838, and had made the fuil amount of the said execu- tion by such sale. Mr Stocking was put in the witness box for the defence, ^t Mr. Boulton had him sworn on his voire dire, and as he swore the debt in jreality belonged to himself and Grier, the Judge decided he was an interested ^witness and would not allow him to be examined. The jury were directed to ,4Qd a verdict for the plaintiffon the evidence of Hezekiah Davis. Mr. H«nry X^ng, in the years 1837 and 1838, was my Clerk in the Sheriff's office, ijind was present and heard the various conversations that had taken place be> '^'tween Mr. Boulton and myself relative to the execution, Boulton against Da- iris | he had heard Mr. Boulton assent to ihe writ against the goods of Davis being returned "nr.lla bona," and the fees charged to him. He was in the Qiiy ofKew York. I sent Pot him and he came. I took him to Toronto in 7une, when the Court of Queen's Bench was sitting in Term. I applied to * Itobert Easton Burns, Elsq., Barrister, to take Mr. Long's affidavit of the facts and present it to the Court, and demand a new trial in the cause James .Bou][t9h v« Joseph Hamilton. He did so, and filed the affidavit. Affidavits .,iire|re put in against it, sworn toby Mr. Boulton himself and others. Mr. Boulton argu^ his own case, and boldly asserted to the judges that he nevtfr Had made any arrangements whatever with Davis or any other person-^that Jie h^d never got any security from Davis for the judgment, nor had he ever ,jdyiyestedhimself of his control over it in any shape or manner — that the Whole was jstill due to him as it always had been — that he had never stayed his ete- «^tion against Davis, nor had ever assented to its being returned **nulla bona" .r— and that I had sold Davis's schooner to pay that very judgment and hnud pocketed the money, and now wanted to swear him out of it. I was present ID Court when this harangue was mado against me. My countenance under- went various changes, and no doubt some contortions of the face were appar- ent; I perceived the Hon. the Chief Justice giving furtive glances at me. I iiAve no doubt he thought at the lime that I was writhing under the inflictions of a guilty conscience. I was not so ; I was engaged thinking on the muta- bility of all human affairs ; only a short time before the very man that was : |iow accusing me of the worst of crimes and holding me up to the scorn and .jBoniempt of the Court, had been my warmest eulogist ; I was thinking, also, .^that soon the accuser and the accused would appear at that tribunal of derniw resort where no secrets arc hid, and where no technical quibbling will stay like band of justice from tneting out punishment to the guilty, without respect to the wealthy and powerful connections that may have thrown a shield around them to protect them in this transitory world. I was in exceeding ill health about this time, and when one of my friends in Niagara mentioned that fact to Mr. Boulton, he replied that now I hod lost all my suits the best thing I C9u|d do was to go and hang myself. I never had any intention of foHoifnng this piece of gratuitous advice from my quondam Counsellor. t>^ On the 20th day of June, 1840, at half past 8, P. M., I was in the sitting |P9lj5i<}f Uie,Iiforth American Hotel at Toronto. Rolland McDonald,. EjKjuil^, member of the Provincial Parliampnt for Cornwall-, entered the room : h« 1^ '■^AA **MtLeod, I havo just ooine from the Court ; tha ease of Bdaltony^p^iiMl IlamilKNi has been decided agciinst you^ judgment is given for the plaintiff, (Uld the Chief Jtfstice, in delivering the judgment of the Court, animadverted '^ry severely upon the affidavit made by Loi»g, and placed before the Court ibr the purpose of obtaminga new trial. He said Long's affidavit was en- tirely false and that he ought to be prosecuted, and he intimated that yo|u was guilty of suborning Long. I know," continued Mr. McDonald, " that the .^iflMatit is true that you never did sell any schooner belonging to Hezekiah Davis, but you are defeated, and fioulton will ruin you unquestionably.'* J find there is a little more entened in my Journal that Mr. McDonald said 4t that time, which Mr. McDonald no doubt reiTtembers, but as it forms no part »f my case, and is merely Mr. Houston's private opinion of the Hon. Chief Jottioe eind the Puisne /udges, it would be out of place here. VV hen I publii^ to^y Jc»(]t>nnl of liyearsin tanada and lycar in the Gaolsof the United States, INf jth remarks on nnen and things, it will then come in as the opinion of ap ^iia^inent Counsellor on the morality of the Bench of Justice of Upper Canada. tr"-The final Judgment of the Court had been given, accompanied with its r«- 'liMitrk^ on the culpability of my witness and myself, with the intimation .that yre should be prosecuted for our crimes. Many Lawyers were present in- the Cout>tfrom every partof the Province attending to their suits ; they heard t^e remarks that fell from the Hon. Chief Justice, the organ of the Court ; tbey knew the high character of Chief Justice Robinson as an impartial Jud^e and an able jurist, as a gentleman of unimpeachable integrity and honou^, whb, it was well known, would not have impeached me or my witness froipn the forum of Justice un ess he had seen and heard what he considered irrefra- ^ble proof of our guittt Therefore, when my arrest in the United States was published through the land, they confirmed the report that I. had fled to iiVoid the punishment due to my crimes by the laws that I had outraged. '. ' I mentioned before, that I had sued Mr. Boullun for a large amount due to tne as Deputy Sheriff. The cause had been left to arbitration, which was nci>w hurried on ; I had only one day's notice given me tbat the arbitrators would sit at Niagara to adjudicate the suit. They met accordingly at Mr. Richati MoiTatt's Hotel, at 8 o'clock, P. M., on the 26th June, lb4U. I did the best I eould in the short space of time to pi-ocure my witnesses ; I produced Henry Long, who had been my Clerk for two years ; he was my principal witness to prov«5 a large amount of my account, ond also to disprove many items of the set-off put in by Mr. Boulton, the defendant. The arbitrators refused to admit his evidence. Being Gentlemen of the Bar, they were in Court when the mandate went forth to prosecute Mr. Long for perjury ; and they after- wtirds asserted and swore in a Court of Justice, that, sitting as arbitrators in the cause Hamilton, Kxecutrix, vt, James Boulton, they refused to take the testimony of Henry Long, when tendered for the plaintiff, because he htd been accused by the Chiei Justice of having committed perjury in the cau«e James Boulton vs. Joseph Hamilton, I thetbre lost the benefit of his testi- mony which was of the utmost importance to me. The arbitrators passed items of Mr. Boulton's account to a large amount without giving me an oppor- tunity of rebutting them. Or allowing me to peruse the pi«tended vouchers laid before them to sustain such items. 1 have been informed by legal gentlemen that it was illegal to exclude my witness on the mere prenintption that he hid betsn guilty of perjury, and that the defendant's vouchers ought to hate 'h4i^ Ihid before me to m^blo me to rebut them if I could. Ottt 1 Had |i« M I fii n VxiibtiMl'dt'tb^' firbitRUJlofi to H/cUfse mety and aupporl my intcrGHt ; -ini^ frj^ 'WMi4hp recent odium attadW to my chtu'act^i' and that ot my Vfitoi^i,j^p ^Longy^ and other cii^cumstances^ I had no chance to cope with A(i\ Boi||^)(i 'ftnd his two legal frioqds. AtiaWard was, thereforo, givon ngaiost n^a^ ip,t|>e (Vice of the clearest testimony adduced by iif>e. I lost ^r>,000 by tha^ 4W^|Pij|' il bad brought Henry Long from ^ew York to testify in my behalf] liOOy |H«Vailed Ufion bini to send for his family land await the result of ti^e t^if^l- «d )«itiBeoution against us, and promised that I would try every qo^i^Jp •defeat the conspiracy for, that purpose. I w^t to Lewistpn in the Sta>^-.»f Ndw York oniiMonday the ''29th day of June^ 1840, to Mr. JarM&t9<|kiAg. 'Bq informed me of ail the facts a second tioio as to the arr^goQifi^t jii^ •Ptifb&n binland Davis that took place in Mr. iBpuIton's ofhceoathe l^th:J!^ay, 2939^ 'aind he«aid that his agent in Niagara, Peter H. Sw^rtz, ha^ia h|!>t aiad other paper* ; you do not inform me frpm whence you phtftitif d «httt receipt, or where. The reason why I ask tliis, is iM,tM'4^»i^o j^)e. ft][i(le j^r ii*oounting for the non»pi-oduction earlicr of this paper. .,! m? t!>! ^dJ a <. t« Tb-is document will undoubtedly enable you to obtaiQ ^, decree, i^g^i^t 1M^. Boulton to prevent his enforciiig the j«dgcBc,nt obtained 0;ga^nait .-J()r. 'Hamilton. It completely refutes all that is stated in the a^davila coptrc^cjUfil' lA^iiOng, aiid certainly proves Long's statement to be correct, l^r. ^aipijtqn ^^IMiDtindt be in a hurry to pay the amount, notwithstanding what M.r^.$9ultan ••>«aAy «riy to him respecting it. ^ ; m.U y.u vd bfwuijoo mjiid - -J : - 'i. ..; ".YQucpbedie?itservcn)it,,^H lU-^iM * , :, .- ...,onl m&iO(]nfOimlkhi.f>dV .-nn e? •»',;.. .jt-fo.;:)!; |;-^.Oi.i:fi f>d« 1'Rf P-BUIIjNSj,*]^ 'i6tmo nn om ^ni-n-^ ivtuhiH inuoaui )^;,;1 aoi inuo:. u5<.*iu riuaU .iWiomn^u b'; -I ftnhMdiately took, thus letter to Dr. Harailtor, but Mr» Boulto^ insisted 4n 'lMttiiigthe-«moont of his judgment, and Dr. Hainiilon soon aftervifarc^ pud ft. tift Kellog of OhiiJ, nlld Chttrtercjd' liyr'^ezeliiah payis of Dunnville in Cahadai It ' was tiecessai'y to ^et fhe^ pi^obf f>f tliis, as well as the witnesses Jared Stbckihg and Captain EdwaM Powell, who had heard Davis say, a short tirpe before^.that he ha(f no tit'e ih tnip schooner that could be sold, and that she was hot sold to pdyhis debts'. * Tnei^e two, witnesses were residing in the United Statist — the fitslfat Lewiiton,' ajidf^the latter at Niagara Falls, State of New Vofk. " I have also to ofee?v6, ' tnere is/no regular Registry kept in Canada of the ownefs and charter partifes ^vQsseis^ as in the' United States. I got to Niagara Falls in the State of arson. . I was taken before Mr. Bradner whose certificaie I have alreadjr insefte^ J aftei' he had examined the witnesses foi* the prosecutldn, I \w»al'W-^' mandecf until next day, when a deputy sheriff with a posse arHVed and" t6ok* me on the cars to Lockport and lodged me in Gaol. I erfiployed Counset, nj III A tfiat I was ilol at the destruction of the Caroline. I vias brought be'f^fe rf Jtt^ge On a writ of habeas corpus ; an examination Was had and th^ Jii^rf' (^scharged me on the ground that there was no eyidej^ce to connect mie With « tn|'crihie^of murder and arson alleged to have been comni'itted by nie. I remained some Umein Lock portafter my discharge unmolested ; my bounsef tojid me I was perfectly free to go and come as I thought proper. 1 returnwf to Niagara without goiiig to Buffalo, but 1 brought my witnesses, ,Mr. Jart^i* gjtpckingand Captain Pttwell. ' ' , ; ' V ' *^ '* T^^^^^^ /''r '"'fi '^hen Mr. Long heard of my arrest at Niagara Falls, He camelb iheV Ifrtf^ before I was taken off to Lockport. I directed him to go fo Niagam,' to the Assizes, and get our Counsel to delay the prosecution until I ^ouH bei' rf^leased and get there with our witnesses. When I arrived at Niagara bti- the 2J7th September, Mr. Long informed me thot his counsel, John 13. LbwiSi' E^«^., hr^d asked Mr. Boiilton when he intended bringing on the trial, and thttt iWrL Boulton had replied that he would not prosecute at nil, if Long wotfl^ i^ree never to appear as a witness against any of his clients. Such ail inisb- Ihntpl^oposition was spurned with contempt. The Hon. A. McLean, th«' JfatJgo of the Assize, had sent a special order for the affidavit to be transmitted from the Crown Office to yoii, Sir Allan, who were then the prosecutirig cbUri- rtiil'tit^ Niagara, that it might be used against Long and myself for perjury «fnd m 8ui)oi"hatfon. We had our witnesses there at great expense, but we haVe ne^* vef yet been prosecuted. In 1842 I applied to the same Judge in op^' Court at Niagara, to have the prosecution gone on with as the chiirbb vttoi hanging ovei" us in tefrorcm. It w.ns then alleged the affidavit wfas lofet, inrt Mjr. , Boulton rose up and informed the Court that it was ir^ his posession, and hikd been fof two years, but he did not occcunt for how he camb by it.' •"*^* '"• ^« , Ap aopnoi^ .jMr. Boulton liad got tho^mouut of hfai juiigniept fromDr, Haiii-| llton another scene in the drama was commenced. The Hon. John Hamiltbn aBfd Br. Hamilton, the sureties for their late brother, were served with writi^ at the suit of Hezekiah Davis and David Duvis, and declarations soon folloW'; od^aocusing me of having sold a Grist Mill and Saw Mill, the property of. I^ezekiah Davis, and of having received large sums of money from him to, pay aJ^ execution tbijit had beei^ placed in my hands against him in November 1Q87, at the suit of Mr. Franeis Hincks, and that notwithstanding such iat«, a^ receipt of money, I had frauJulemly retained the said money arising froni^ sji^ch salei &c., and had wrongfully returned the said execution, Francrff Hincks v«. Hezekiah Davis, ''nulla bona." The plaintiffs, Hezekiah I^viii^ and Davi4 D^Via, had sworn to these allegations against me. Mr. Boulton. their jDittorney, laid their affidavits before the Judges in August, 1840, ana commenced the actions asainst the sureties for this alleged fraud committed!' by me in the execution of my office as Deputy Sheriff. 1 shall state the caa6 briefly and truly. In November, 1837, an execution out of the Court oC Quei^n's Bench^ and from the office of James Hervey Price, Esq., M. P. P., at, the suit of Francis Hincks against Hezekiah Davis, endorsed to levy ab9Ut' J^3U0 of the goods and chattels of the said Davis, was placed in my hands.—' S.ooa after the receipt of the execution, I sent a bailiff to Dunnville to levy- 09 Davis's goods and chattels ; when the bailiff returned he reported that his had levied on a Grist Mill and Saw Mill belonging to Davis. lii a few days' airteBwards the disturbances broke out in the Province, — nil business was at opf^ brought to a stand in the Sheriff's office, and sales of property levied on 09<4d npt be effected 4|t any sacrifice. 1 represented the state of the case t6 ^r.,PHce, the plaintifT's attorney, and he consented that the execution of thf* yfxk qhould be delayed until a more auspicious period arrived for dispcsini> of the property levied upon, The next move made on the writ was in the' spmmer of 1838, when Mr. Boulton demanded his execution to be proceede4, tr4t|i. I advertised the mills to be sold on Mr. Hincks' execution as well tml J|fir, Boultpn's ; it of course had priority of Mr. Boulton 's. The sale at that' tppoe was stayed for reasons I have already stated in a former part of this leN.' ter. In November 1838, I proceeded to wind up all the executions against' Hezekiah Davis, and attempted to make effectual sales of the property he bad ri^resented as his, and had it belonged to him as he represented, there was, ai|9ply sufficient of it to liquidate all the claims in the Sheriff"' office agamst, l^im. A short time before this he had been arrested by one of my bailifis on a capias ad satisfaciendum, but had found means to escape from the bailifi* and f!ed to the United States, where he remained until the spring of next yearv; Bnt his confidential cleik. Dexter D'Cverardo, called on me at the Sheriiff'* Q^e and informed me that the mills and schooner that Davis had always re-.. presentCKi as bis property were not in reality bis — that the mills were owne^i by iSamuel Street, of Niagara Falls, and that the schooner was the property, of l^r, Kellog, a citfzcn of Ohio, who had chartered her to Davis only. % went at once to Mr. Boulton's offico. I found D'Eve/ardo there settlings Boine ^^llirs of Davis's with Mr. Boulton. I comnuinicated to Mr JiquW. ton in his presence the information he had given me relative (o the mills and, ^<^njer J he rq>lied that he had no doubt the information lyas correct. ^.^^ calM oil Mr. Street, and he told mo that several years before he had sold tne^ rfi\\]» to Pavis for a large sum ; that he had given Davis time to pay it in, ai|4 bad agreed in ft written article which Davis had in his poseseion, to give bin^j 17 4 Utt^ to thjo mills wken he had paid up the purchase money and interest ; but as l):i,v^ had paid very little more than the interest he h?,d not givien him a' title J the ^lill property, he said, was held by him on lease from the VVelland Causal Company at an annu 1 rent, which Davis had ngreed to ptiy to ^fiWl Company as tenant in possession. I also found that tho schooi/or i liaa Tcvioa' on ftt Chippawa as the property of Davis, was then in the Uiiitcd Si ; .«» un' der the control of her real owner. Under these circumstances I reiui ued Ui Hmfika*a execution "nulla bon> ," accompanied with a letter to Mr rjicrsl'at'.'J ing ithe facl;s. Mr. Pricr then took out an execution r gainst David Xlavrsj* one of Davis's endorsers on the note upon which Mr. Hincks had obtained bis' ju^S'^iB^t. Then on the 31st Ju'y 1840, after the successtul termination of the suit, Boulton against H .miltop, David Davis and Hezekiah Davis re> paired to Mr. Bo Eton's office, 'n Niagara, and he drew out affidavits for them and hod them sworn to and placed before the Court, to prove that I had. sold the mills and sch • er and had realize ■ sufficient from the proceeds of the said sale, dec., to pay the amount of the execution issued against Davio in Novem- l^er, 1807, at the suit of Hinck T;nd Mr. Boulton dem nd^d from the Court a tuperfedecu to the Sheriff to abandon the levy made on David Davis, on the groiuids disclosed in the affidavits. I have heard that Mr. Boulton, in plead- ing the case before the Court, insisted that I was a greoit rogue, pocketing peo- ples money in the way I had done, an I then allowing them to be harrassed o e-' to the';Vor;t'j.er s* once to procure the neca.s.iry afPdavit-; (V>in Mr Strcci 'U!fi others, arrd^ilso the fact that the schooner alleged to have L?on told liy )>)e i:> Ubyemhm' IS'iS; was still entering t'le poit of Bu.iUlo unde. t'le s.ime owiicr-sf'ip. -Ind ih'it- hot would get the cause deiayc:' u' IK ai.jut il j erid of the Tenn, to allow rrT':; ikn9 to procure my ev." nee. Irxs t?^i^. i': wasappprentto him there was soiiifc^tiinp' suspicious in the r.:7.dav"ts made by the Davisea;, as David Davis had been at his office long aflter .' e pretended sales of the mills and schooner, and had pMd iC large sum to apply on the judgment oblained against him and Heze- kiah Davis at the suit of Mr. Hincks, and that even very lately, but n few indbtbs before they had made their affidavits, Hezekiah Davis had written tV6 letters to !;im on the subject of the srid judgment, and had begged him to ^{^t a-little lo'.ger time for him to pay it in, ' ? money was so I ard to he got ; atfaheither of t]jem had ever mention i a word about the sale of mills, and n the 5th day of November, 1840, g me to attend in Toronto to i_..ew as the cze wou'd be arguei in a k>](Mt'^toymesjats of money on the execution placed in my hands in No- ^ jhjf 1887 *^ittrt Hezekiah Davis. He seid hd would file the letters sent ojifrtj by iDa^jS^ihftii affidavit ofhis own, statit)gth.eBei5Mjts. Ithein went M I^ m\ to Mr. Burns, the coutisol for the defence of the suits brought by the Davise* againiit the sureties, and he advised me strongly to go to the United States, to procure all the evidence I could to defeat the conspiracy, as if they gained their suits against the sureties for alleged damages, and got the execution^ Hincks against Davis, superseded, I vi'ould have the whole to pay. •.»»m.h«j.' 1 here insert a ceriificute from Mr. Jiuins ; it seems only to allude to a conversation 1 had with him about the middle of July 1840, but I have no doubt he recollects the conversation I had with him relative to these suits I have men- tioned on the 7th November, 1840. I know I entered in my journal the con- versation 1 had with him on that day, and there I find it. ''Titismay certify, that shortly beloroMr. Alexander McLeod's going to 4lirli! United States in the year 1S4Q> I advised him to go there fur the purpose of luokiitg up evidence in a matter connected with a suit of Boulton us. Mamillon. Certain matters came to my knowleduses, horses, servants, and considered myself pretty independent ; now, I found myself reduced to beggary without any fault of my own, for, although much has been said and written ^r.gainst rne, 1 defy any man to prove a dishonest or dishoi orable act that I ever committed. My friends (lor I still found a few , generous souls that were not led away by the fama clamosa that had been m.i.^efi against me) advised me to proceed to England and lay my case before "{fh0 Government of the Empire, and ask redress lor tho v rongs I badsufferfed "ih^a hitWo^nal aHftrel. This advice might have been good ; but I was iii'ill healtH, taicl hind ho funds for such a journey. Besides I had been c6ve*«d with the mist of calunmy, and what could I have done towards shpwing tho -dl id of y«iil merits of my cause to tho British people ? nnd unpatronized aa I waa, how could 1 get Her Majesty or her Government to entertain my complaint against a powerful foreign nation, with whom it is expedient to be on amicable terms ? Had I been conlined a year in tho dungeons of any of the weak Stales of the southern portion of this hemisphere, on a charge arising out of obedience to the constituted authorities of my country, I might have expected redress, and probably woi'ld have obtained it. But I was riglr when I told my friends that I need not cross tho Atlantic to seek redress ; Her Majesty's Government knew the whole case well, and if they thought proper could grant me the same protection and redress for foreign wrongs on the Banks of the St. Lawrence, as if I was humbly imploring Her Majesty for such redress at Her Royal Palace of Windsor on the Banks of the Thames. I applied to the British Government in a humble memorial sent from Toronto in May, 1842 ; I heard nothing more of it until the 30th January, 1844, when I got a letter from the Chief Secretary, and a copy of the answer to my memorial from Her Majesty's Government. It is not before mo, I left it in Toronto, but I remem- ber its purport. Her Majesty's Government regretted they could do nothing for me. It was well known to me that when I was in prison they had demanded my discharge from the Government of the United States, but it was not granted in conse- quence of a difference of opinion between the Governments on questions of international law, and therefore Her Majesty's Government could not be justly called upon to do any thing for me in the matter. I had transmitted another memorial to His Excellency, to be forwarded to Her Majesty's Government, but I got an answer very recently from the Chief Secretary, that Her Majesty's Government having already given their decision in the matter, the memorial had not been forwarded. On my return to the Province, in November, 1841, 1 found I was completely ruined by such a series of frauds and perjuries perpetrated against me on both sides of the St. Lawrence,*i!i5 had never been resorted to against any indivi- dual on this continent since the eventful morning on which Columbus planted the royal standard of Spain on one of its islands. It was my duty to use every honest means ^ protect my sureties, and for that purpose I informed Mr. Price that I would proceed again to the United States for my witnesses, to defeat the affidavits made by the Davises to set aside the execution against them at the suit of Mr. Hincks. I was again much blamed for going to the United States. Being in the sitting room of the North American Hotel at Toronto, on the evening of the 5th November, 1841, a gentleman said to me, "well, McLeod, you will never venture back to the United States." I replied, "before to-morrow's sun sets I shall be there." Dr. Dunlop, M. P. P. for Huron, was present and said, " well, if you do go there, the Yankees ought to hang you." I made no reply ; but well did I know that if that generous hearted and talented son of Caledonia had known the true state of my affairs, he would have been the last to have made use of such an expres- sion. 1 did proceed on the 6th to the United States and brought my witnesses to Toronto. Evidence was laid before the Judges, who dismissed the superse- deas on Mr. Hincks' execution, and he has since been paid by Davis. Com- plaints had been preferred to the Court of Queen's Bench against Mr. Boul- ton for the part he had acted as Attorney in these suits. In August, 1842, the unanimous opinion of the Court was given by the Hon. Judge M«^ eaulay. It occupied five hours in reading. It stated that the allegations 1 ' i ■ t fH II ^ Is [.<■ aj^ajt him, as to a knowledge of the want of foundation for thd aetion* b^tMikbt by himself and the Davises against the sureties for the alleged salsrt of IvTills and a Schooner, and the money made to pay executions agafnsi Davis, was clearly substantiated ; and for that and other charges that IumI been proved asainst him, the Judges sentenced him to be struck off the Roli. oif Attomies of that Court His case was subsequently brought before th^'r convocation of Counsellors-at-law, and he was sentenced to be suspended for tKr^ months from his profession of Barrister-at-law. , For the last three years 1 have been employed in the Courts endeavouriag)^ to obtain some redress, but being poor 1 make slow progress $ I have eai» deavored to obtain some employment, but my efforts have not succeeded. I have never earned a shilling towards the support of my family since I.wU' dismissed from imprisonment in the United States, and this is the.fint timil the^til haive written a line relative to my incarceration and its oonseqitenoMt! intended for the public eye, although I know that next to a clear conscience i is the ^|;ood opinion of our fellow men. I am not a literary man, capable oC^ inditing a letter filled with flowery sentences of eloquence ; but I know th«ii the unimpeachahle veracity of this narrative will command your aittmttion ' and esteem, more than all the graces of composition, and therefore l hav#!'^ 901 ^0 ^. .yigw, in tl^e, plain and simple language of truth. ..>,.,,. , i i , And I am. Sir, j 'i.v riOii-M.^p Your most obedient, ;i Humble Servant^ ,ir.(i ALEXANDER MoLEOBLs ai I iod >«»iii jon bnrf .;{; i': :r •t:"'! Vm (sO '. ■■!,'■> I'ftft' h/;il-^Sft-:.'j«^«^,-vj'r.J J^ •:i-^t M* /miA^ » 4|h January, 1845. -ifibni ■>,.■ rum ' ' .3n( ot i' ■ JSU M P'i'!. >r ..^a'n '*: if 'I (i J -i* . r V . , .^-jiS^-u'^-'^'' 1^' J-'' ^^< '{>■'■ *i .'i-i ?> r,. ?. ff ,V ' ■ .,-