3% LIBRIg c, 't/C'/'ri No 49 5.^ 11 Bibliotheque DB 1 VICTOR MORIN MONTREAL ■'A > ysj A’ A A.'A'.’A-:^s-A' A.A. a. V 'll I / f -x'^ ■ pV ■ ) / / THE CASE O F PETER DU CALVET, Efq. Of Montre al, in the Province of Quebeck, . \ ' '• / f THE C A S E O F PETER DU CALVET, Escu Of Montreal in the Province of Quebcck. CONTAINING, (Amongft other Things worth Notice,) An Account of the long and fevere Imprifon- ment he fufFered in the faid Province by the Order of General Haldimand, the prefent Governour of the fame, without the leafl: Offence, or other lawful Caufe, whatever. To which is prefixed, A DEDICATION of it in the French Language, (Mr. Du Calvet not underftanding Englifli) To the King’s Moll Excellent Majesty, Hun>bly imploring the Protection and Countenance • of his Majefty’s Royal Juftice in his Endeavours to procure fome Compenfation for the Injuries he has received. LONDON, Printed in the Year M.dcc.lxxxi/. C A Sa tres Excellente MAJESTE, GEORGES III. Roi de la Grande Bretagne^ E T f * 'i Des Provinces y appartenant, &c. &c. t/. N Roi ej^ 'pour fes Peupks j et ce font lei coeurs de fes Jujets qui formentle tribunal ou fe decide fafis appel le Genre d'immortalite qui V attend, Les no tres ont depuis long-temps prono7ice en faveur de votre MajeJie : Elle wet fa gloire d hre le Pe're de fes fujets : Elle n'ejlime dans la Royaiite que le pouvoir quelle lid donne de Jdire des hcureux. La a - Clemcnccy VI dedication. CUmence^ VHumanitiy V Amour de la Jujitce et des Lotx, toutes la verfus regnent avec elle fur k trone. La reconnoifance publique fe charge de tranfmettre d la pofierite le nom de ^cbtre Majejle avec touts les tranfports de V Admiration et de V Amour, TJn Souverain d'un caraSiire aufji augujie ne merite que des fujets qui lui rejfemhlent, S'il depute des officiers generaux pour le re^ prefenter dans fes domaines eloignes^ ce ne pent etre que datis la confiance et la prefomption de leur voir cobier fes vertus d’adminijira~ tio7i. Tromper des viies fi dignes de la Eoy~ autiy ce feroit trahir la Royaiite mane en lui imprimant tine tache etrangerCy qu‘elle ne fe^ roit pas capable d'imprimer elle-meme d fa gloire, Cette trahifony Sire, cett%^ degradation de la Grandeur Royalky a ofe fe produire d la face de toute une colonie Angloife. Un etran^ DEDICATION, vu ger ( car un Angkis, depute pour reprefenter le meilkur des P times ^ roiigiroit d'etre tiran) un etranger en eji le detejiable au- teur. L'infortunee province de ^ebec a ete le theatre ou elle a ecldte avec audace^ d la terreur de touts fes habitants. Le defpotifme dans le coeur^ et un Jceptre de fer d la mam, le General Haldimand n'y gouverne pas, mais il y gourmande les peupJes en ef- claves. A la javeur des opprejjions les plus atroces, il n'oublie rien pour affoiblir — ^e dis-je ? pour brifer fans retour ^ — les liens de Sentiment qui attachent les fujets au Soii- verain : 11 compromet, par fes vexations inouies, Vhonneur de la Nation, qui met fa gloire d n avoir dans fon fein que des homnics libres, et qui ne fe doutoit pas, en i'adop- tant, qiCelle s'incorporoit un tiran refoiu d mettre aux fers line partie de fes fujets. Car telle ejl aujourd'hui. Sire, la trifle define e de la province de ^puebcc. Tout y gemit fous un foug de fer : la tyrannie y deploye fans me- a 2 vlii dedication, menagement tout I'appareil de fes fureurs : l^es pleurs, les gemijfements, la ierreur, le ikfefpoir, y regnent de toutes parts ; efy fi diverfes circonjiarxcs ue mettoient des entraves d une fuite generate ^ la provhice de Quebec feroit blen-tbt defirte, Ce qii il y a de plus atroce, c'eji que V auteur de ces calaniites pretend les confacrer^ en fe par ant du mm de ‘ubtre Majefie qu'il reprefentCt et en fe CGUvrant de V autorite -royalle., en vertu de laqueile il pretend agir ; c efi d dire, qu a ne juger de la perfonne royalle que Jur fes pretenfons du ineilleur des Princes dans lut- inenie d Londres, le General Haldimand en fait d ^ebec le plus odieux des Souverains par reprefentation, Uoutrage fait au Mo^ narque et aiix Sujets eji fanglant. Mais, place au deffus des loix par fa place, le cou-‘ pable fe joiie d S>iiehec de toute Ju/lice ; il y triomphe de [on injujiice, et y joiiit avec impunite de fs fureurs. Bourreld DEDICATIO If. ix Bourrele par les rewords cuifants d'une con-‘ Jcience qut le juge et le condamne.^ le Gouverneur \ Haldimand n ignore pas la vengeance eclatanfe que les Lotx lui preparent d Londres. II m pent leur echaper qiie par une fuite clandefiine et Joon- teufe dans fa patrie^ pour aller y haler le fpec^ Uicle d' une optdence gagnh dans un fervice quil a deJl:onore par fa tyranme. C'eji d cette indig7ie mefure qut I femble vculoir avoir recours^ quand r expiration de fon Gouvernement » en le rendant d fa condition privhy I’aura confequemment r-endu fujiiciahle des Loix, StrCy la G lot re de la per fonne royalle de votre Majeff la gloire de iouie la Nation, cede, enfin^ de la Conjiitution d' Angleterre, rhlamcnt haute- ment pour le pimir ou lui ou moi ; — Lui, s’il a defdonord la Majefte royalle, qiiil reprfentoit •, — et Moi, f, jofe id defder injujlernent le repre- fentant de won Sotiveraln au tribunal de won Sotiverain meme, et d celui de toute la nation. Avoir reprefenie au meilleur des Princes les droits de X dedication, dcla Jiipce opprlmee, cjl un gage afure deAa voir bien-tot fatisfaite par les vcyes dignes de fa Sagejfe et de fin Equite, Dans un cas d'une confequence blen moins im- portante^ d'un fujet Canadien (Monjieur Cugnct de ^ebec, en dannee 1762 ,^) qui fe plaignotf^ quciqii d tort, des inveBives outrageantes d'un Gcuverneur {la Gaieral Murray^) votre Ma-‘ jefie Jit juger juridiquernent Vaccuje fans a'voir egard d fa quaJite de Gcuverneur. fe m pins citer d V imitation de votre Majejie un plus illujire nwdBe d copier, que votre MajeJle mane :• — Suj'- tout, dans une circonjlance t)u toute une Colonie alarmee, (pour fe confoler de fes malheurs dans Vefperance de les voir adoucis cu ripares,) at- tend la fujiice que je fcllicite dans le Memoire que j'ai Vhonneur de prefenter au trbne, et qui ne contient quune legere ebatiche de mes per/ecu- tions et de cedes de touts les Canadiens, Sur le lord de ma fojje, creufee d' avarice fius mes pieds par les violences de la tyrannic, men jugement ejl Vunique DEDICATION, xi Vmique ejpirance qui me rejie pour mourir an moins avec honneur et content, y'ai rhonneur d'etre^ a^oec le plus profond refpeSl et le denouement k plus uninerfel^ SIRE, D(? votre Majejle, le tres humble et tres obeiffant Serniteiir, et trh affedlionrw Sujet, PIERRE DUCALFET « advertisement. •p'HE following Cafe of Mr. Du Calvet has been drawn up under his infpedtion, and from materials furniflicd by him j and every page of it has been ex- plained to him in the French language as foon as it has been written ; and fuch alterations and corredlions have been made in different parts of it as he thought were neceffary to make It perfedlly exprefs his meaning : So that it may be juftly confidered as being as much his own ftatement of the fadls it relates as if it had been all written by himfelf in the French language. ( I ) THE C A S E b F PETER DU CALVET, Esq, Of Montreal in the Province of Qucbcck- M r. Du Calvet is a French proteflant,' born in the province of Guienne in Old France, of a good fannily at or hear Touloufe. He u^as heir to a handfome eftate in land in that country, which hag jince fallen to him upon the death of his fa- ther ill the year 1762. In the year 1758, while the province of Quebeck, then called Canada; was yet fnbjecl to the crown of France, he refolved to go and fettle in it as a merchant, and, with that view, he procured an affortment of goods A fuited ( 2 ) fuited to the trade of that country, with which he fet fail for Quebeck in the beginning of April, He was fhip-wrecked in the river Saint Lawrence, about roo miles below the town of Quebeck, and loft his goods ; but purfued his voyage without them to Que- beck, and arrived there in the month of June. He frayed at Quebeck but a Ihort time, and went foon after, about the end of July, to Miramichi, a French port in that part of A- cadia, or Nova Scotia, which is out of the peninfula of that name, with a new aftbrt- ment of goods which he had procured at Quebeck, v/here he was appointed Garde- tnagazin en chef, or principal commilfary of the French king’s provihons and ftores at that port, at which many of the poor FVench fet- tiers in difterent parts of Nova Scotia, or A- cadia, who are generally known by the name of the Acadian s, and who had lately been expelled from their fettlemerits by the Britilh government, had taken refuge. Thefe un- happy people, to the number of three or four thoufand fouls, were at that time maintained at the French king’s expence upon provifions furnlfhed from his ftores. At this port of Miramichi there were at that time above a hundred Englifti prifoners, chiefly officers and foldiers ; to whom Mr. Du Calvet did all the fervices in his power during the whole time of his continuance in that office of Com- miftary, both at the aforelaid poll of Mira- michi [ 3 ] michi and at the poll: of Ridigouche in the Baye des Chaleurs, to which Mr. Dn Calvet removed the French king’s magazines of pro- vifions in the following month of May, 1759, and which was about 200 miles from the former poft, on the north fide of it. Of this good treatment of the Englifli prifoners at this pofl:, the following extradl from a certi- ficate given him by lieutenant Casfar Cormick, of major Rogers’s body of Rangers, who was one of them, will be allowed to be a fufiicient proof. 1 1^0 any of his Majefly s Officer Sy greetmg, ** Whereas the bearer, Mr. Du Calvet, ** Commifiary at Rifiigouche, has been of the greatest fuccour to our poor prifoners here, I do hereby earnefily befeech any “ of his Majefty’s fubjeds into whofe hands ** he may fall, to let the v/orld fee that the “ candour of Britons furpaifes that of all “ other nations ; and they Vv^ill oblige him ‘‘ who fuffers daily in being abfent from the ^ glorious expedition now in hand. Cormicky Riftigouclie, Aiiguft 28, 1759. [ 4 ] But before Mr. Du Calvet quitted this em- ployment, he had an opportunity of doing Mr. Cormick and about thirty of his foldiers, a more important fervice. Many of their companions had been releafedby order of the Prench commander at the aforefaid poft of Miramichi, ai^d fent by fea to Fort Cumber- land or Halifax’ in Nova Scotia, in confe- quence of the inconvenience of keeping them there as pri Toners, where they helped to con- ^ fume the proviiions in the French king’s ma- gazines, which began to run fhert, and for which there was Ib large a demand for the poor Acadians in that country, and the In- dians in the French intereft who were affem- bled there. And now, as it was thought that Qj-iebeck either was, or would foon be, taken by General Wolfe’s army, a refolution was taken by Monfieur Bourdon, (the princi- pal officer of the king of France, that was at that time at the poft of Riftigouche,) with the knowledge and approbation of the Aca- dians at that poft, to releafe Lieutenant Cor- rnick, with the remaining Englifh prifoners, who were upwards of thirty in number, in like manner, and to convey them by fea to Fort Cumberland, near Halifax. This was about the end of Auguft, 1759. As foon as the Indians at this poft and its neighbourhood, to the number ‘of about two hundred, became acquainted wi;h this refo- luiion, A [ 5 ] lotion, they met together, and determined to endeavour to prevent the execution of it. They faid, ** That hitherto the port of Rifti- ** gouche was unknown to the Englifli, and “ therefore not liable to be attacked by them, as the former poft of MIramichi had been j ** but that, if thefe prifoners were fet free, ** and permitted to go from thence to Fort Cumberland or Halifax, they would ac- quaint thek countrymen with the litna- tion of it} and that the confequence would ** be, that a party of Englifh troops would be fent to invade it, and burn their huts,' and drive them out of the country; — and “ that therefore it was neceffary to put all “ thefe prifoners to death.” And accordingly they determined to fall upon the prifoners and murder them without delay, to prevent the intended releafe of* them. This refolu- tion of the Indians alarmed Mr. Du Calvet and Moniieur Bourdon, (the principal officer at Riftigouche) exceedingly ; and they there- upon ciJl^ a meeting of the Acadians under their diredlion, to confult about the bell mcr thod of protedHng the prifoners from their fury ; and it was there refolved, that the faid ptilbners ffiould be immediately fent on board a veflel of about 6o tons burthen, wdth thirty chofen men to guard them againd any at- tempt of the favages, and that the vefi'el ffiould immediately be placed at an au- thor in the middk of fever^il others that were [ 6 I were then in the harbour, in order to its .greater fecurity. This was a great difappointment to the favages, who immediately refolved to go to a place called Carraquet, at the mouth of the Baye des Chaleurs, near which they knew the veffel, in which the prifoners were, muft pafs in its way to Fort Cumberland, and .where, in all probability, it would even be necelTary that they fliould flop and lie at an anchor for fome time, on account of the rocks and breakers with which that part of the Baye des Chaleurs abounds, and which make it very dangerous and difficult to go through it, except in very favourable wea- ther. Here the favages refolved to way-lay the veffiel, and attack and put to death the Englifh prifoners. And they accordingly fet out for this place immediately in about fif- teen canoes, containing from four to fix men in each canoe, all well armed, with which they went very near the fhore fo as to avoid thofe rocks and breakers which were danger- ous to velfels of greater depth. This motion of the favages very much alarmed Mr. Du Calvet, and Mr. Bourdon, (the commanding officer at Rifligouche,) and fnade them refolve to ufe every poffihle means to prevent fo cruel an outrage. They there- fore called together feveral of the Acadians who f 7 ] who were under their diredion there, and exhorted them in the flrongefl: manner, and upon every motive of religion, humanity, and policy, to join with them in endeavour- ing to protect the Engliih prifoners from the attack of the favages. The Acadians readily confented to ufe their utmofl endeavours for that purpose 5 and Mr. Du Calvet immedi- ately picked out fixty of the ftouteft of them, and went with them, well armed, into ano- ^ ther vefi'el of about fixty tons burthen, called the Jafon, to attend and guard the velfel in which the Englifh prifoners were, till they fhould have pafied through that dangerous part of the Baye des Chaleurs in which the favages were lying in wait for them, and fiiould have entered fully into the Gulph of Saint Lawrence, fo as to be compleatly out of the reach of any farther danger from thoie favages. Under this efcort, the Englifh prifoners begun their voyage from Riftigouche towards Fort Cumberland, or Halifax, on the yth of September, 1 759 ; and the next day both vefi'els arrived at a place called Chipagan, at the difiance of about 90 miles from Rifii- gouche, and about 9 miles from the above- mentioned place called Carraquet, where the favages were lying in wait for them. Both vefiels continued at Chipagan from the 8th of September to the joth, when they fct [ 8 ] fail again and went to Carraquet, and there they lay at anchor till the next day. This was the place at which the favages had re- folved to fall on the Englifh prifoners and murder them : but when they faw them fo well protedled, they were afraid to make the attempt, and gave the ufual marks of their vexation at the difappointrnent, by wrapping themfelves up in their blanket coverings and landing with their heads down in a penlive and melancholy pofture. On the following day, the iithof Sep-^ tember, 1759, the velTel, in which the En- glilh prifoners were, fet fail again from Car- raquet towards Fort Cumberland; but Mr. Du Calvet with his Acadians continued at Carraquet till the 14th, when it was almoft impoflible that the other velfel could by any accident be brought within the reach of any attempt of thefe favages, and from the winds that had prevailed in the mean time, it was next to certain that they muft have palTed the Gulph of St. Lawrence; and reached Fort Cumberland. On the 14th Mr. Du Calvet and the Acadians returned from Carraquet to Rilligouche. Of this humane conducft of Mr. Du Cal- vet and the Acadians under his dire(5tion to thefe Englilh prifoners, the following certi- ficate of Lieutenant Cormick; which was give» [ 9 ]• - , ■ given him at Chipagan on the loth of Sep- tember, 1759, is an indifputable proof, if any were neceffary, of a tranfacftion that was at that time fo well known in all the Englilh army that was concerned in ‘the expedition to Qi^beck. I do hereby certify, that the bearer “ hereof, fince the date of the certificate I “ gave' him when bound for Canada, has “ ufed his utmofi: endeavours until he pro- ** cured my liberty, with the reft of the “ prifoners at Riftigonche, and has accom- “ panied us 30 leagues to Chipagan, where ‘‘ he begged I would give him a line to cer- “ tify the fame. So that 1 earneftly beg any of his majefty’s fubjedts, into whofe hands “ he may happen to fall, to ufe him with “ the fame kindnefs with which he has ufed us. In fo doing, they will for ever oblige him, that is ■“ Their humble fervant. Chipagan, ^cpt* lOj ^/59* Cormick^* Jsoon after this event Mr. Du Cal vet re- turned into Canada ; but, finding the town of Quebeck in the hands of the Englifh, in B con- [ lo 1 cohfequence of General Wolfe’s vidory, lie went to Montreal, where he continued till the following month of January, in the year 1760, when he was again employed by the French government at Montreal, to go to the fame parts of Acadia, or Nova Scotia, at which he had been the foregoing year, and to take an exad account of the number of A- cadians who had taken refuge there, that the French government might know the ftate of that country, and what quantity of provi- hons it would be necelTary to fend there for their fupport. He went upon this bufinefs on the iSth of January, 1760, accompanied by a party of about fixty Acadians, who were then at Montreal, and three or four Indian favages for guides, and returned to Montreal, on the 5th of April following, and continued there till the following month of September, when the whole province of Canada was furren- dered by the Marquis de Vaudreiiil to Ge- neral Amherft, now Lord Amherft. Here he had the pleafure of meeting again Lieu- tenant Cormick, whofe life he had been fo inftrumentai in preferving from the fury of the favages in Acadia the preceeding year. The Lieutenant gratefully acknowledged the fervice, and made General Amherft ac- quainted with it 5 who thereupon fent for Mr. Du Calvet, and made him many ac- knowledgements [ n ] knowledgements for his humane conduct on that occafion, and many offers of doing him fervices in return. In the following year 1761, General Gage, who was at that time the commanding offi- cer in the diflridt of Montreal, gave Mr. Du Calvet a pafs-port to go to Quebeck, in order to take his paffagc from thence to Eu- rope. The town of Quebeck, and a diftridt of land about it, were at this time under the command of General Murray, as the town of Montreal, with the diftridt belonging to it, was under that of General Gage, and the town and diftridl of Trois Rivieres, or Three Rivers, (which lies between the two former) were under that of General Burton. When Mr. Du Calvet came to Quebeck with Gene- ral Gage’s pafs-port. General Murray delired him to poflpone his voyage to Europe, in or- der to render the Ehglifh government a fer- vice, for which he was better qualified than any other perfon the General could then em- ploy, by reafon of his acquaintance with, and influence over, the Acadians above-menti- oned, who, after being driven from their fettlements by the Englifli in the year 1757, had taken refuge on the fea-coafl; of the Gulf of Saint Lawrence at the above-mentioned pofls of Miramichi, Riftigouche, and at Ni- piffiguit, and other places on that coaft, as far as Gafpey Bay. Thefe [ 12 ] Thefe Acadians had been confidered by the Englilb government as fubje< 5 ls of the crown of Great-Britaiii ; becaufe they had been fettled in Nova Scotia, which, by the treaty of Utrecht, had been ceded to Great- Britainj neverthelefs, as little or no notice had been taken of them by the Britifh go- vernment for many years after the peace of Utrecht, they had continued to coniider themfelves as French fubjects, and to be fo confidered by the French government. At iaift, in the year 1757, they were expelled by the Englhh troops from their fettlements in Nova Scotia, where they had lived for many years, with the reputation of a very harm- lefs, virtuous, and induftrious people ; and they had thereupon taken refuge in the more remote parts of the province of Nova Scotia, at a difiance from the peninfula of that name, along the fouth coaft of the Gulf of Saint Lawrence, from Miramichi to the Bay of Gafpey, which borders on Canada. Here they were maintained, in a great meafure, (as has been related) at the expence of the French king, by provifions allowed them from his flore-houfes ; and continuing to confider themfelves as fubjeds of France, they occa- •fionally exercifed hofiilities againft the Eng- lilh, and particularly by fea, by taking, when they had an opportunity, tome of their fiiips that were laden with provifions or military ffores for the ufe of the army, then employed in t '3 ] j-n the expedition againd Quebeck. And In this kind of warfare they had had confider- able fuccefs, having taken no lefs than fif- teen or fixteen fhips of this kind, during Ge- neral Wolfe’s expedition. This conduct was refented by the Britidi government, as being contrary to their duty as fubjeds of the crown of Great-Britain, as the Britilli government efteemed them. And accordingly General Amherft refufed to com- prehend tliem in the 39th article of the ca- pitulation at Montreal, in September, 1760, by which he engaged that none of the Ca- nadians fhould be fent either into any of the Englidi provinces in America, or to Old Eng- land, or be troubled in any manner, for hav- ing borne arms againft the crown of Great- Britain. Being in this infecure condition, they continued to commit hoftilities againft the Englidi for fome-time after the faid fur- render of Canada, in September, 1760, and made captures of Englidi veffels in the Gulf and River of St. Lawrence, through the win- ter of the year 1760, and the fpring of the year 1761. > ' Thefe hodilities created a good deal of uneafinefs at Quebeck, and were a great check to the navigation of the river Saint Lawrence. And therefore General Murra)^ who commanded (as we before obferved) in [ H ] the djftn(5t of Quebeck, refolved to put a flop to them as foon as poffible, With this view he fent out a brave and adive Cana- dian, whofe name was Grandmaifon, to- wards the above-mentioned country, in which the Acadians had taken refuge, on the fouth coaft of the Gulf of Saint Lawrence, to per- fuade them to fubmit to the Britifh govern- ment, and to promile them, in General Mur- ray’s name, an indemnity for all their paft a6ts of hoftility againft the crown, upon their doing fo, and likewife to alTure them that, if they behaved as obedient fubjeds of the crown, they Ihould be brought into the pro- vince of Canada, and have good lands af- ligned them there in lieu of thofe from which they had been driven in Nova Scotia. This was the principal part of Mr. Grand- maifon’s commillion : but he was likewile authorized by General Murray to make pri- foner, if poflible, and bring up to Que- beck, one Car, a wicked ferjeant of an Englilh regiment, who had deferted from the Britilh army, and taken refuge amongft thofe Acadians, and the Indians that were with them, and had been active in infti- gating the former to Hand out againft the authority of Great-Britain, after the Cana- dians had fubmitted to it, and to commit the above-mentioned hoftilities againft Britilh yeftels in the river Saint Lawrence. Mr. Grand- [ >5 ] Grandmaifon fet out by land, with feven ot eight men to affift him upon this bufinefs, about the month of March, 1761. But foon after his arrival in the country. Car, the defertcr, getting intelligence of his de- fign, affembled a fmall party of his friends, with whom he attacked Mr. Grandmaifon by furprize, and broke his arm with a muf- ket-ball ; w^hich obliged him to return to Quebcck without doing the bufinefs he had undertaken. This Mr. Grandmaifon is ftill living, and enjoys at this day a penfion frona the Britifii government, as a compenfation for the lofs of his arm, in this endeavour to ferve the crown. It was foon after the failure of this at- tempt of Mr. Grandmaifon, that General Murray dcfired Mr. Du Calvet to undertake the fame bufinefs. He carried with him a letter from General Murray to the captains of the militia amongli the Acadians, that is, to the leading men in their feveral villages, dated the ytii of July, 1761, in which the> General informed them, “ That he had re-^ prefented the forlorn and unfortunate fim* ation of the Acadians to the king’s mlni- fiers in very lively colours, and that they ** had, in confequence of fuch reprefenta** ‘‘ tions, fent out orders to him to remove “ the faid Acadians from the country where **fhey then were, near the Gulf of Saint Lawrence, [ ] ✓ ** Lawrence,, into Canada, and there to fur- nidi them with provilions out of the king’s “ ftore-houfes, till they could be conveni- ** ently fettled upon fome lands in Canada, which the government intended to grant “ them. “ That whatever reafons he might have “ to complain of their late conduit, he was “ willing to overlook and pardon all of- “ fences committed by them before that ‘‘ time, and even to pardon all the deferters “ that were at that time among them, ex- “ cepting Serjeant Car above-mentioned ; “ for the apprehending of whom he offered “ a reward of a hundred dollars. ‘‘ That he fent Mr. Du Calvet to them, “ to take an account of their numbers, and “ of the quantity of fhipping that would “ be neceffary to bring them and their fa- milies to Quebeck ; and that he defired they would immediately make ufe of what veffels they had then in good repair and “ fit for fervice amongft them, to begin “ this removal to Quebeck. “ And, laftly, that he defired them, the captains of militia amongft the Acadians, “ (who were the principal men in their refpec- “ tive villages) to ufe their beft endeavours to firing this bufinefs to a happy iffue. Thor [ 17 ] ^he letter itfelf was in the words following; A Q^bec, Juillet 7, 1761. ** Meffieufs, “ Son excelleriee vient de receVoir des or- dres a votre fujet. II a repreTente votrc “ trifle fituation d’une maniere li forte qu’on a donne ordre de vous faire_ monter aVec ** VOS families, et de vous donner des vivres, jufques a ce qu’on puifle vous etablir quelque part dans cette cojonie. Quelque fujet de plainte qu’il peut avoir, “ il veut bien tout oublier jufques a ce jour. “ II vous en donne fa parole ; et pardonne “ meme par cette prefente a tous les defer- “ teurs Anglois parmi vous, le iiomme Car “ feulement excepte ; et il promet cent piaftres de .recompenfe a ceux qui rcpre- “ lenteront ce traitre ici. ' ‘‘ Le Sicur Calvet eft envoye pour fcavoir votre denombrement, et laquantite de ba- ‘‘ timents neceffaires pour tranfporter votre “ monde jufques a Qi^'bec, faifant ufage “ d’abord de ceux que vous avez en etat de marcher pour commencer cette operation. “ Son! C [ >8 ] “ Son Excellence s’attend que vous lui donnerez pour cet effet toutes les facilites “ neceflaires, et que vous I’expedierez avec “ route la diligence poffible. “ Je fuis, Meffieurs, “ Votre tres humble ferviteur, “ Sign^ CRAMAHEy SecretairCy “ et de fon Excellence le Gouv. Murray. The direction of this letter was in thefe words,' Pour le fervice de fa Majefte Britannique i “ Aux Capitaines de Milice en general, ou principaux habitants de la Baye des Chaieurs, Rlftigouche, Miramichy, &c. Signe J. MURRAY. With this letter to the captains of militia, or principal men of the feveral villages, of the Acadians, and a pafs-port from General Murray, dated the i6th of July» 1761, Mr. Du Calvet fet out from Quebeck, for the Bay^ des Chaieurs in a large fioop, called the Saint Anne, commanded by Captain Joanis, (a na- tive of Old France, who was at that time fettled [ 19 ] iettled in Canada) with a crew of eight men. There was at this time a very ftrong re- port current, that the Acadians were cruif- ing in the lower part of the river Saint Law- rence in armed veffels ; and feveral captains of trading fliips that had lately arrived at Quebeck, had even declared that they them- felves had been chafed by fome privateers in that part of the river, and had with diffi- culty efcaped from them. This report gave Captain Joanis fome uneafinefs, and occa- fioned his flopping at Kamourafka (a little harbour, on the right fide of the river Saint Lawrence, as you go down the river, about thirty leagues below Quebeck,) to make inquiries concerning it. Here he received, from the people fettled at the place, fuch an alarming account of thefe privateers, and of the riik he would run, not only of being taken, but of being murdered by them, if he purfued his voyage, that he was afraid to go any further, and was inclined to return im- mediately to Quebeck ; and it was not with- out the utmofi: difficulty that Mr. Du Cal- vet prevailed upon him to go on. However, they did purfue their voyage notwithftanding the dangers of it; againfi: which they en- deavoured to guard themfelves by extreme watchfulnefs, and keeping a coniiant guard and look-out both night and day. This [ 20 ] This vigilance proved the means of their fafety. For, when, in coafting along the fouth fide of the River and Gulf of Saint Lawrence, they came to a place called Perce, beyond the Bay of Gafpey, they fav/ a party of Indian favages, with fome Frenchmen amongil them, all armed with fire-arms, who were evidently watching their motions with an intention to attack them. To avoid this danger, they went from the coaft to a fmall illand, called Bonaventure, which is over-againfi; Perce, and at the diftance of a ipile and a half from it. They did not, however, venture to land on the ifiand, but cafi: anchor near it, and pafiTed the night in their floop, in great anxiety, with their arms an their hands, to be ready to defend them- felves as well as they could, againft thefe fa- vages, in cafe of an attack ; and the next morning, at break of day, they purfued their voyage towards the Baye des Chaleurs, Their danger was not yet over; for the favages purfued them, partly by water in their canoes^ and partly by land, for a great part of the following day, till about two o’clock in the afternoon, after which they were no more feen. From that time the fioop purfued its voyage with fafety and fuc- cefs, and pafi'ed by Port Daniel, and arrived the fame night in the Baye des Chaleurs, at a place about 9 miles beyond Pafpediac, which t 21 ] which was called by the fame name of Bon^ a venture, as the ifland near which they had anchored the preceeding night. Here Mr. Du Calvet was received by the Acadians, who were at this place, with open arms. They knew him, and efteemed him, and therefore gave credit to him, when he explained the buiinefs he was come up- on ; which, from a perfon unknown to them, they would probably have fufpeded of being fbme artifice to deceive and entrap them. General Murray’s offer was received by them with joy and thankfulnefs ; and they im- mediately fent off meffengers, in Hoops or canoes, to all the other ports in the Baye of Chaleurs, at which any of their friends were fettled, to gave them notice of it; which caufed a general joy amongft them all. The next day two of the Indian favages, who had purfued Mr. Du Calvet and his party the day before, came running up to him quite out of breath, and took him by the hand, and wifhed him joy on his fafe arrival there, and told him at the fame time, that he had done well to be fo much “ upon his guard the night before lart; for that they and feveral other Indians, to the “ number of twenty in all, had been watching “ an opportnnity of falling on him and his party, (not knowing who they were,) and ^ “ putting [ 22 ] ** putting them all to death. And, if you “ had been off your guard a fingle moment, ** faid they, we fhould have done it. But “ now, brother, that we fee it was you that ** was in the Hoop, we are glad that we did “ not fucceed in our defign, and we are “ ready to do you any fervice.” They then went and told the reft of their party, who it was that was come amongft them, and for what purpofe : and the day after they all, excepting two, came to him, and ftiewed him the fame marks of friendrhip and fa- tisfacftion. The two perfons that did not come to him, on this occafion, (though they had been with the favages in purfuit of the floop Saint Anne,) were Car^ the Englilh deferter above- mentioned, and one RouiJi^ a Frenchman, who had been captain of a large merchant Blip, and, after having been taken prifoner by the Englifh, and put on board an Englifh veffel, had rifen, with the other French pri- fon^rs, upon the Englifh crew, and, feizing the veffel, had carried it to the Bay of Gafpey, and there lived in a lawlefs manner amongft the Indians. Thefe two men had been with the party of favages that had purfued Mr. Du Calvet and his party, and had been very ac- tive in encouraging them to that attempt. And they were probably forry that it had not been attended with fuccefs ; for, as they knew [ 23 3 knew themfelves to be obnoxious to the English government, it is natural to fuppofe that they rather feared than wilhed to fee the Acadians fubmit to it, as they might apprehend, that in confequence of fuch a fubmiffion, they themfelves might be pur^ fued and taken, and delivered up to the Eng- lilh government to be puniihed. And it is therefore not at all furprizing, that they did not come to wait upon and welcome Mr. Du Calvet upon his arrival at Bonaventure, where they might reafonably apprehend that the Acadians themfelves (who, they knew, would be delighted with the meffage brought them by Mr. Du Calvet,) would lay hands upon them, and deliver them up to Mr. Du Calvet’s party to be carried prifoners to Quebeck. The reft of the party who had purfued the Hoop Saint Anne, exprefted the higheft fatisfa(5lion at his arrival, in the fame man- ner as the two firft of them had done the day before, and told him ‘‘ that they were “ glad that the Englifti general had fenr “ them a perfon w'hom they knew, and could truft ; for that, if a perfon, whom “ they had not known* and refpeded, had brought them this meftage, they ftiould have fufpedted that there had been fome? ‘‘ defign of deceiving them, and ftiould “ therefore have put him to death : for that “ they [ 24 ] “ they were all men of courage and refblu- tion, who would not fubmit to injuries ** without taking their revenge: but that ** now, as he had brought the Governour’s “ meffage, they gave credit to it, and re- ‘‘ ceived it joyfully.’* After this cordial reception by both the Acadians and the Indian favages, Mr. Du Calvet fet about the bufinefs of taking an ac- count of the number of the Acadians in all that country. He went in his floop from Bonaventure, where he had firft arrived, along the north tide of the Baye des Chaleurs, and up the river Riftigouche to the poft of Riftigouche, at the diftance of 2 1 miles from the bottom of the Baye des Chaleurs j and then down the river Riftigouche, and along the fouth fide of the Baye des Chaleurs, by Nipifiiguit, and other little places where the Acadians were dilperfed, into the Gulf of Saint Lawrence ; then, in a fouthern direc- tion, along the weft: coaft of the Gulf of Saint Lawrence, by Carraquet and Chipagan, into the Bay of Miramichi, to the poll of Miramichi, which is fituated quite at, the bottom of the Bay j then back again from Miramichi in the Gulf of Saint Lawrence, and along the weft coaft of the faid Gulf, in a northern diredlion, by Chipagan and Car- raquet to the Baye des Chaleurs ; then acrols the Bay from Nipifiiguit to Port Daniel ; and from [ 25 1 from thence again into the Gulf of Saint Lawrence, and along the weft coaft of that Gulf to the north of the Baye des Chaleurs, by the Great Rt'ier and Perce to Gafpey Bay4 In all thefe places he took as exacft an ac- count as he could, of the number of the Acadiaiis that were fettled there, and then returned from the Bay of Gafpey up the ri- ver Saint Lawrence to Quebeck, where he arrived at the end of October, lybi. He was accompanied in his return by two fmall veflels full of Acadians from Nipifliguit in the Baye des Chaleurs, who refolved to em- brace Immediately General Murray’s offer of going to Quebeck, and being provided for and fettled under the Englifti government in Canada. And he likewife brought with him a letter from thirty or forty of the principal Acadians in the Baye des Chaleurs, to General Murray, in anfwer to that which he had carried to them from the General, and which has been above recited. This anfwer is full of expreflions of refpeift and gratitude to General Murray for the offers he had made them, and of profeftions of fubmiflion to his authority. It was written at Nipiffiguit, in the month of Auguft, and delivered to Mr. Du Calvet about the end of September, when Mr. Du Calvet was at Nipifliguit for the fecond time, upon his return from Mi- ramichi, and was in the words following. D A fon { 26 ] A fon Excellence Monfieur Murray, Lieu- tenant General et Brigadier des armees de fa Majefte Britannique, Gouver** neur de Quebec, &c. 6cc. a Quebec, Monfeigneur, ** Nous avons re^u avec tout le reifpedl pof* “ fible la lettre qu’ il vous a plu nous ecrire “ par le Sieur Calvet, en datte du 7™® der- “ nier* Nous fommes tres fenfibles a vos “ bontes : nous vous prions de vouloir bien “ nous les continuer : nous tacherons par ** notre zde d’en meriter la continuation. “ Nous ferions cbarmes, Monfeigneur, de “ pouvoir executer vos ordres : mais les voi- “ tures que nous avons, font hors d’etat de “ pouvoir monter a Quebec, Ians nous rif- “ qucr, nous et nos families. N’ayant point re9U aucun ordre precis de votre Excellence le printemps dernier, “ c’ell ce qui a fait que nous nous fommes retires le long de ces cotes, difperfes les “ uns des autres, pour pouvoir y faire fub- ** lifter nos dittes families.— —II fe trouve, “ Monfeigneur, qu* aujourd’hui, par le foin “ que nous avons pris de faire la peche, “ nous nous trouvons en etat de pouvoir palfer I’hyver ici, foit, tant eh poilTon-fec “ que t 27 ] \ que vert, et racines. Nous fupplions v6- tre Excellence de vouloir bien nous I’ac- corder, par la faifon trop avancee a pou- “ voir monter a Quebec cette automne avec “ nos fufdittes families. Nous vous prions d’etre perfuade de I’attention que nous aurons toujours pour executer les ordres ‘‘ qu’il vous plaira nous envoyer. C’eft la “ grace que nous efperons de votre cle- “ mence; et nous adrelTerons nos voeux au ciel pour votre faiite et confervation, “ n’ayant pas d’autre moyen de nous acquit-^ ter et de fignaler le plus profond refpedl, avec le quel nous avons I’honneur d’etre, Monfeigneur, ‘‘ Vos tres humbles et tres obeidants ferviteurs.” After this didinguilhed fervice to the Eng- lilh government, (of which General Murray has always exprelfed a very drong and grate- ful fenfe,) Mr. Du Cal vet went back to Mont- real about the month of Jannary, 1762, and continued there as a merchant till the year 1764. In the latter end of the year 1763 his fa- ther died, and left him his landed edate in Old t 28 1 Old France, which made it necefl*ary for him to go back to Europe, in order to take polTeffion of it. But he was fo well pleafed with his fituation in Canada, and .with the favourable terms that had been granted to the Canadians and refidents in Canada, by General Amherft in the capitulation of Sep- tember, 1760, and by the treaty of peace, in February, 1763, and by the promifes made in the king’s fubfequent proclamation of Oc- tober, 1763, that the inhabitants of the new province of Quebeck, (as well as thofe of the other three new governments of Eaft Florida, Weft Florida, and Granada, which had been lately ereded in the countries newly conquered and ceded to the crown of Great Britain,) Ihould be governed in the fame manner as the other provinces in North America that were governed by the king’s commiflions, and ftiould enjoy the benefits of the laws of Englafid j he was fo well pleafed with all thefe favours and promifes, and with the liberty of openly profeffing the Proteftant religion without any danger or inconvenience, (which he could not do at that time in Old France, whatever may be the cafe there at prefent;) that he refolved, ifpofible, to fell his eftate in Old France as foon as he ftiould have taken pofteflion of it, and to quit all his connexions with that kingdom, and become a reftdent in Canada, (where he was then fettled,) ( 29 1 fettled,) and a fubje(ft of Great Britain for the remainder of his life. In purfuance of this refolution Mr. Du Cal vet in the fpring of the year 1764, made a voyage to England, in order to pafs over from thence to France, and there fell the eftate and other effedls, which his father had left him, and return with the produce of them to Montreal, where he intended finally to fettle. General Murray, (who was at this time governour of the new province ereded in Ca^ nada, under the name of the province of Re- beck ) gave him on this occafion feveral letters of recommendation to perfons of rank, both in England and Scotland ; the Ihip in which Mr. Du Calvet had taken his paflage, being bound to the port of Greenock near Glafgow in Scotland. In confequence of thefe letters (of which fome were addrefled to General Murray’s own relations,) Mr. Du Calvet and his compa- nions were received with great civility by feveral gentlemen of note in Scotland, and particularly by the late Lord Ellibank, Ge- neral Murray’s eldefi: brother : and they af- terwards, when they came to London, met with the like good reception from the late l#ord Halifax (who was at th.at time Secre- ( 3 ° ■) fary of State,) and from the Lords of trada and plantations, ' After a (hort flay in London he went over to Paris in order to follicit from the Court of France a permiffion to fell his eftate in that kingdom, notwithftanding his being a proteftant. This, he knew, would prove a bufinefs of fome difficulty, becaufe protef- tants are prohibited by the laws of France from felling their eflates. But he conceived himfelf to be exempted from the operation of thefe laws by the treaty of peace of Fe- bruary, 176^, which permitted fuch of the French king’s fubje( 5 ls in Canada, as flaould chufe it, to become fubjecSs of the crown of Great-Bfitainj, he having been one of thofe fubjedts, or a refident in Canada, both at the time of making that peace, and at the time of the preceeding conqueft of the province in September, 1760. Yet, as he apprehended the French Court might make fome difficulty of allowing the force of this reafoning, he took care, before he left Lon- don, to procure from Lord HalifaXj, the Se- cretary of State, and from fome other Lords, to whom he had been introduced, letters of recommendation to the Earl of Hertford, the Engliffi ambalTador in France, and to Mr, David Hume, the Secretary of the embaffy. Thefe letters produced the effect intended, Lord Hertford engaged heartily in Mr. Du Calvet’s t 31 1 Calvet’s caufe, and went with him to the Count de Saint Florentin, the French Se- cretary of State, and prefTed him v/armly to procure the defired licence. They had many conferences, and fome pretty warm ones* with the Count upon this fubjeft, who al- ways objected that the favour defired was contrary to their laws ; and at lad the Earl of Hertford did prevail fo far as to obtaia the king of France’s permiflion to Mr. Du Calvet to fell his eftates j but liot without confiderable reftri 1769. “ Vos let f res me paroijfent d'wie Ji grande im- “ port ance pour le bien public y qu elles fo?it d “ prefent I'objet des delibirattons, Vous en verrez Veffet dans peu par les me fares qu on “ 'va prendre r^lativemefjt aux perjbnnes et aux chofes, 11 eji d efperer que ces ddiiberations “ adoucifjent le far dean injupportable que la prefente forme d’ adminiftrer la jujiice impofe “ aux habit ant Sy et qii elles ritablifjent la paix “ et la tranquillite publique. “ Sfuant d vbtre precede y comme il me paroit “ etre I'eff 'et d'un coeur droit et bien mtentionniy il doit aufji avoir I' approbation de touts les gens de kien^ et vous devez etre per f uadi “ qiiil ne manquera pas d'etre appuie et protegi “ par le gouvernmentP Governour Carleton alfo wrote him a let- ter dated the 27th of December, 1769, of which the following extradt relates to the fame fubjedl of the uleful informations he had had given the government of the provinod concerning the abufes of the civil jurifdidion of the office of Juftice of the peace by fome of the Juftices of the diftrid of Montreal.”^ aujji a vous remercier des tnforma- •* tions qiie vous mavez envoyees touchant la “ maniere d' adminijirer la jujlice dans vos can-^ “ tons. Les riglements qui doivent bientot “ paroitre d ce fujety et qui liont eti reiardes que par le pur bazar dy feront prenve de P at-- “ tention que jy ai donnie, yefpire que les Moyens quon fe propofe pour “ remedter aux ahuSy feront ejicaces. Je ferai “ pourtant toujours pret d entendre ce qu on aura d m offrir pour le bien public: et Je penfe trop bien d votre egard pour douter un “ moment que vous ne me communiquiez toutes “ les conmijfances qui vous parviendront d cel “ effet. Phonneur d'etre, avec beaucoup “ d'ejiime, Monjkur, votre tres bumble ** et tres oheijfant ferviteurf . “ Guy CarletonV -P. S. yai ete furpris d'apprendre qu on venoit tout recemment de faire quelques vio- lences E 4 > 1 iences dans le faux bourg Sahit Law'cnf au J'ujet de I' edification d'un pont. Je vous prie d'en prendre des informations y afn de m'injlruire de la •verite du faity et de quelle autorite on f'efi fervi pour mettre i'hnpofi- iio/ty qui en a ete la caufe» Thefe letters fhew the regard which Go- vernour Carleton and Mr. Hey, the Chief Juf- tice, had for the charadter andcondudt of Mr^’ Du Calvet, and the confidence they placed m the intelligence he gave them^ When the Governour and Council, foon after the writing of this laft letter, pafled the ordinance of March, 1770, which deprived all the Juftices of the Peace in the province, without diftindion, of their civil jurifdidUon, thofe Juftices who had not abufed this jurif- didion thought themfelves rather hardily treated in being deprived of it^ and declared that they thought the ordinance to be an unde- ferved flur upon their reputation, as if they had been guilty of thofe abufes which had been pradifed by the other Juftices whofc inifcon- dud had given oecafion to the faid ordinance. And, perhaps, it would have been better for the province to have proceeded with more caution in.tliis bufmefs, and to have diftin- gulftied the upright and difinterefted Jullices of the Peace from thofe of a contrary cha- radter, by leaving them in pofteftion of a F jurifdidion t 4 * 3 jurirdidion which in their hands had been fo ufeful to thepublickj and taking it only from thofe of the other defcription. But, however this might be, the Government, after the or- dinance was paiTed, was under fome appre- henlion that the mod: upright and refpeftable Judices of the Peace in the province might (in confequence of what they confidered as fuch an unjuft indnuation againd: their cha- radler,) decline to ad: any more as Juftices of the Peace in the remaining branches of their authority. And fome of the Juflices had de- clared an intention of doing fo» Mr. Du Calvet was not without a lively fenfe of the indignity thrown upon him by the pre-amble of this ordinance in fpeaking of the Jud:ices of Peace in general, without any dif- tindion or exception, as having been guilty of thofe abufes of their civil jurifdidion which made the fuppredion of it be thought necedary : and, as the confcioufnefs of innocence gives boldnefs, he expreded his fentiments on the fubjed very freely in a letter to the Governour and Council. He would not, however, de- fert the fervice of the publick by redgning his office, but continued to exercife the remain- ing powers of it till the drd of May, 1775, when the odice was abolidicd by the C^ebeck ad. This condud was much approved by the government of the province j and Mr. Cra- niahe, the Lieutenant-Governour, acknowled- ges [ 43 ] ges the merit of it ia a letter dated the 2 1 d of April, 1771, of which the foliovvlng paffags is an extrad". ‘‘ Soyez perfuade de mes fentinwiti d votre “ egard^ comme je vous crois par fait ement homiete ** homme^ que veus avez fervi ie public avec zele “ et d'une maniere fort defuterepee^ fefpere que vous contmuerez d exercer la magifrature» ‘‘ Le Gouveiiiemcnt^ au§i bien que le Publicy “ vous en aura obligation : vous donnerez un ex^ emple de JoumiJJian et d' obeiJJa?2ce, qui ne pent “ qu avoir un bon effet dans ces temps cy^ et vous “ fera honneur dans I'efprit de touts les bonne tes. “ gens, f'enrendrai bon temoignage aiifjitbt que “ Voccafon f en prejenteray comme ce fera une * ‘ nouvelle raifon pour moi de vous donner despreu- ves de la parfaite efime et conf deration avec “ laquelle y^ai Ihojineur d'etrcy Scl* Thefe teilimonies, I prefume, make it im- poflible to doub|: of the merit of Mr. Du Cal-t vet’s condud in the province in the charader of a Juftice of Peace. Such was the perfon who has of late years been fo much the objed of General Haldi- mand’s averiion, and been treated by him with fo much unjuft feverity. It muft feem ftrange to thofe that hear this juft account of Mr, Du Calvet’scharaderand F Z condud 44 ] condufl (to wlilch might be added many other jnftances of nprightnefs, love of juftice, cha- rity, and other virtues that ought to have en- deared him to all mankind,) that he thould ever have become the objedt of any Gover- nour's diflike, without giving fome ftrong ground of fufpjcion againft him. It is there- fore neceffary in fome meafure to explain the caufe or origin of the averiion which Gover- nour Haldimand feems to have taken to him, and which induced him to credit too lightly fome infmuations thrown out againfl: him by his enemies, of his having correfponded with the revolted Americans in the late unhappy war. For that was (as Mr. Du Calvet has fince been informed, tho’ not by General Haldimand) the pretence upon which the Governour cau- fsd him to be arrefted in September, 1780, and detained in prifon till the following month of December, when, being fatisfied that his fiifpicions were ill-grounded, (as in truth he had not had the fmalleft correfpondence of any kind with the Americans during the whole war ;) he was on the point of fetting him at liberty, but fuddenly changed his mind, and ordered him to be continued in prifon, in confequence of a letter he received in the mean while from Mr. Du Calvet, which was writ^ ten in a ftyle of greater freedom than the Go- vernour approved : and, in refentment for the freedom of this letter, the Governour con- tinued to detain him in prifon from Decern- [ 45 ] ber, 1780, to May, 178-^; as will be fet forth more at large hereafter. But the Go- vernour’s mind had been prejudiced againd; Mr. Du Calvet, and made open to receive thofe infinuations, by fome enemies of Mr, Du Calvet who were much in the governour’s company and confidence. But fiill it will be alked, perhaps, howfuch a man as Mr. Du Calvet has been here repre- ientedtobe, could ever have any enemies? The anfwer to this queftion is, “ That uncommon honefiy and uprightnefs, accompanied with a freedom of fpeech in declaring one’s fenti- ments of pubiick men and meafures, though without the fmallefi: mixture of the love of fatire and calumny, are often the caufes of envy, jealouly, and averfion in men of a difi- ferent charadter, and more efpecially of per- ibns in office and high ftation.” And this feems to have been the caufe that made Mr. Du Calvet obnoxious to fome perfons of power in Canada. But, not to dwell upon conjediurcs, it is time to mention the firfi: quarrel Mr. Du CaD vet had in the province that he can confider in any degree as leading to the fubfequent ill treatment he met with from various perfons employed in the fervice of Government, Thera fti [ 46 ] There is at Montreal, a Mr. John Frafer, a Scotch Gentleman, who had been a captain in his Majefty’s doth regiment of foot, called //je North Americans y (which confided of four battalions,) in the war which ended in theyear 1763 'y in which regiment he became acquain- ted with General Haldimand, who was then a field-officer in the fame regiment. This Gentleman was in one of the batta- lions of that numerous regiment, which were reduced after the peace, and he confequently w'as put on half-pay. After ferving in Ca- nada during the war, he fettled there after the peace, and married a Roman-Catholick Lady of the name of De$ Chambaud, with whom he lived at Montreal. As he was well acquain- ted with the French language. General Mur- ray, when Governourof the province in 1764, made him one of the Judges of the Court of Common Pleas, which he haderedted at Mont- real for the accommodation of the French, or Canadian, inhabitants of the province. In this office he conduced himfelf with confiderable ability, and great gravity, though not without fome complaints of the fuitors in his court for partiality in his decifions upon fome occafions. And Mr. Du Calvet in par- ticular had had reafon to make fuch a com- plaint of him on account of a decifion he had made in the year 1770 in an adtion brought by t 47 ] by Mr. Du Cal vet againft a Mr. Mofes Hazeil for a debt of about fifty pounds fterling, due to him for fome goods he had fold him. This, however, had made no breach, or quarrel, be- tween Mr. Frafer and Mr. Du Calvet, though, perhaps, the complaints Mr. Du Calvet had made on the occafion to Mr. Hey, the chief Juftice of the province, may have given Mr, Frafer fome offence, and brought on that ge- neral indifpofition againfi: Mr. Du Calvet, which fome time after broke out both in words and adiions in a manner quite inconfiftent with the decorum of condud which Captain Fraf^ bad, for the mofl part, till then obfervea. The hifiory of this quarrel is as follows. On the 24th of June, lyyi* about three o’clock in the afternoon, Mr. Du Calvet was ffanding, or walking backwards and forwards. Upon the gallery before his houfe at Montreal ; for it mufi: be obferved that many of the houfes at Montreal have galleries before them. The ffreet w^as at that time full of carts that were bringing materials for the building of a new church, that was afterwards dedicated to the Virgin Mary hy the title of Notre Dame de bou. fecours. Thefe carts fo blocked up the fireec that it was difficult for any other carriage to pafs along it. Things being in this (late. Cap- tain Frafer came by, with his wife, in a one- horfe chaife, intending to go a few miles for their pleafure and to take the air. But -the carts t 48 i fcarts prevented his going on. This greatly offended him and put him in a violent paffion j infomuch that he lifted up his whip to flrike the carman that belonged to the cart that was moft diredtly in his way ; but, upon the man s preparing to defend himfelf and to make a like ufe of his whip in return, he thought better of the matter and did not ftrike hint. But, as he was near Mr. Du Calvet’s gallery^ where Mr. Du Calvet was then {landing, he called out to him in a haughty and angry tone of voice> and at the fame time lifted up his whip towards him in a threatening manner, and, Without calling him by his name, addreffed him in thefe words, “ Dis done ; He! JSef^ais “ tu pas faire arranger cette rueT' that is. Tell me, you, d’ye hear? Don’t you know how to regulate the placing of the carts in the flreet better than this comes to ?” allu- ding to Mr. Du Calvet’s being a Juftice of th^ Peace, and to the obligation he therefore fup- pofed him to lie under to take care that all nuifances were removed out of the flreets. Mr. Du Calvet afked him whether he fpoke to him, and Mr. Frafer faid “yes, that it was to him ‘‘ he fpoke,” and then repeated the former VV4)rds again in a flill more haughty and angry tone of voice than before. To this Mr. Du Calvet (who was extremely furprized and jQiocked at this infolent behaviour, as he had never before had any perfonal difpute with Captain Frafer,) made an anfwer, “that he^ “Mr, [ 49 ] ** Mr. Frafer, being likewife a Juiliceof Peace^ (for Mr. Frafer was at this time not only a “ Judge of the Court of Common Pleas at Montreal, but a Juftice of the Peace for that dirtridt, and iikevvife pay-maf:er of the garrifon of Montreal, and a Judge of the Prerogative Court j) might if he chofe it, “ regulate the placing of the carts himfelfd' Upon which Mr. Frafer, the way being by ihis time cleared for him, purfued his journey without making any reply. But the tranfadion did not go out of his mind. For on the very fime day, betwen 3 «and 9 o’clock in the evening, as Mr. Du Cai- vet was walking on his gallery with a Mr. Bernard and a Mr. Bondfeld, Mr. Frafer came again to him, and defireci^him to ftcp down from his gallery ; ‘‘ for that he wanted to fpeak to him.’’ Mr. Du Calvet accord- ingly went down the fteps of the gallery into the lireet to fpeak with Mr. Frafer : and then Mr. Frafer alked him, what it v/as he had faid to him w'hen he was palling by in Ins. “ chaife.” Mr. Du Calvet repeated the Vvords he had made ufe of on the former occafion, and reminded him of theexpi elTions whi chhe., Mr.; Frafer, had ufed juft before, and to which they had been faid in anfwer. Upon which Mr. Frafer faid, “ He well remembered the words himfelf had ufed on that occalion ; but “ that his rank and office gave him a right to G “ fpeak ( 5 ° ) “ fpeak in that tone of authority.” Mr. Du Calvet replied, “ that in his opinion Mr. Frafer was not authorized to fpeak in that *’ haughty manner either to him or any other perfon.” And upon this Mr. Frafer left Mr. Du Calvet, and went away. Thefe difputes happened on the 24th of June, 1771. Some reports of thefe difputes between Mr. Frafer and Mr. Du Calvet being fpread abroad, Mr. Frafer thought his honour required that he fhould perfonally chaftife Mr. Du Calvet for what he called the infolence of his beha- viour to him ; though it was, as we have feen, nothing more than a juft and neceflary return to the very infolent language which Mr. Fra- fer had firft ^fed towards him. This refolution he attempted to execute on the 29th of June, 1771, five days after the former difpute. On that day, at about 3 o’clock in the afternoon, Mr. Frafer, after walking for about a quarter of an hour near the fcite of the new church above-mentioned of Notre JDame de Bon Secours^ (which was then going to be built) in company wdth Monjieur de Saint Ours and Monjieur de Rouvi lie y two French gentlemen of Montreal, ftept alide from his companions, and went to the bottom of the gallery of Mr. Du Calvet’s houfe, where Mr. Du Calvet was then walking with Mr, Ber-^ nardy Mr, Du MaSy and fome other friends. He [ 5 ' ] He there called to Mr. Du Calvet, and ded- red him to ftep down from the gallery ; for that he wanted to fpeak to him. Mr. Du Calvet accordingly came down from the gal- lery/ and went up to him to hear what he want- ed to tell him. But, juft as Mr. Du Calvei came within his reach, he fuddenly feized him by the collar with his left hand with great violence, and brandiflied in his right hand a little cane of about the length of three feet with a leaden ball in the top, or handle of it, but which, as he held the cane, was at the further end of it. With this cane he endea- voured to give Mr. Du Calvet a blow on the head, fo that the leaden ball ftiould have ftruck him there, if the blow had taken place ; at the fame time accompanying his aftault with thefe infolent expreflions. “ I forbore “ the other day to chaftife you as you deferved “ with my horfewhip, becaufe I was afraid of the inconveniences 1 might have fuffered “ from it by your fuing me for it in a Court of Law. But now 1 am refolved to do it, “ whatever may be the confequences.” But Mr. Du Calvet warded off the blow v^itli his left hand, and laid hold of the cane, and wrenched it out of Mr. Frafer’s hand. Upon which Mr. Frafer ftruck him a violent blow with his fift on the left fide of his head a little below the temple, which almoft ftunned him, G 2 Jiiid [ 52 ] and gave him likewife a fecond blow on the fight tide of the head. Mr. Dn Cal vet, however, though a man of iraich iefs ftrength andflature than Mr. Fra- fer, (the latter being iive feet, eleven inches, cr fix feet, Engiiflt meafure, high, and Mr. Du Caivet only about live feet, five inches,) rpade what refifiance he could, and laid hold on Mr. Frafer’s hair, and kept his hold of it till in firuggiing they both fell upon the ground, where Mr. Du Caivet had fo far the advantage in the fcuffie that Mr. Frafer cried out for affiftance in thefe French words, “ Au fecciirs j All fecours y on me tuCy on me tiie." Upon which Captain Maxwell, and Mr. Ro- bertibn, then a half-pay Lieutenant, and a Jufiice of Peace at Montreal, (but who has lince been made Captain of the Grenadiers in the ^4th regiment, or Royal Emigrants,) came up and parted them, and conduited Mr. Fra- fer home. This fcufRe happened in the pretence of a great number of people, it being at the very time of a Roman-Catholick proceflion that was making in the fame ftreet, and very near both Mr. Frafer’s and Mr. Du Calvet’s houfes, (which were on different fides of the fame llreet, and nearly over againfl; each other,) to confecrate the firfi: flone of the new' church ^bove-mentioned of lAotre Dame de bon Secows, which [ 53 ]. U’ilich was juft going, or beginning, to bo' built there. Amongft other perfons prefent at it were Colonel I^rcvoft, who was at that time Com-* j'iiianding Officer at Montreal, (and who has llnce been better known by the title of Gene- ral Prevoft, and who commanded the King’s troops in Georgia in the late unhappy Ameri- can war,) and Mr. Bruyere, who is at this day Governour of Prince Edward, his Majcfty’s fourth Son. It has been mentioned above, that in an ac^ tion brought by Mr. Du Calvet againft Mr. Mofes Kazen in the year 1770, in the Court of Common Pleas at Montreal, w'here Mr. Frafer w’as one of the Judges, Mr. Du Calvet had conceived himfelf to have been injured by Mr. Frafer in his character of a Judge, and had made complaints of Mr. Frafer’s conduCc on the occalion to Mr. Hey, the Chief Juf- tice of the province, from whom he thought he could obtain redrefs of the injury by way of appeal trom the Court of Common Pleas to the Supreme Court, or Court of King’s Bench} of which Mr. Hey was the only Judge. Mr. Hey was of opinion that Pvlr. Du Calvet had had great injuftice done him by the proceed- ing in the Court of Common Pleas, but yet that it was not a matter which could be brought by appeal into his Court. It had been a pre-* ference r 54 ] ference given to the execution of a Judgment againft Mr. Hazen that was pofteriour to the Judgment which Mr. Du Calvet had obtained againfl him; by means of which preference theeffeds of Mr. Hazen were applied to the payment of that other debt, and the debt to Mr. Du Calvet remained wholly unpaid, and remains fo at this day. The complaint, which Mr. Du Calvet had made to Mr. Hey concerning this proceeding of Mr. Frafer had been communicated to Mr. Frafer, and probably much offended him. For Mr. Du Calvet was informed by the late wor- thy Mr. Martehl (who aded for many years with great honour and reputation as a Juftice of the Peace, in the province of Quebeck, firfl:, for the diflrid of Quebeck, and after- wards for that of Montreal,) that, after this judgment in the Common Pleas, but before the above recited quarrels between Mr. Fra- fer and Mr. Du Calvet on the 21ft and 29th days of June, 177 J, Mr. Frafer, being at dinner at Colonel Chriftie’s table, had faid thefe words, One Jufiice of Peace, Mr. IVal- “ ker of MG 7 itreal, has had his ears cut off: an- “ other, ( alludhig to Mr. Du Cahetj) will have ** his tongue cut out.'' Thefe words were fpoken at table in the prefence of Mr. Martehl, a perfen of un- doubted veracity, who was one of the com- pany [ 55 ] pany at dinner: And he immediately after-* wards gave notice of them to Mr. Du Cal- vet, not with a view to irritate him againd: Mr. Frafer, but to put him upon his guard againft the bad dehgns his enemies feemed to entertain againft him, and to warn him to be cautious not to give them any handle againft him, or to do any thing that might further provoke them. Mr. Du Calvet accordingly took no notice of them to Mr. Frafer, but conducted him- felf with as much caution and prudence as poflible, in order to avoid any offence to any body. But, as we have feen above, the re- fentment againft him was already too ftrongly rooted in Mr. Frafer’s breaft, to fubfide with- out fome publick mark of it ; and it accord- ingly broke out fome time after in the quarrels of the 2ift and 29th of June, 1771, of which an account has been given in the foregoing pages. Thefe unhappy difputes with Mr. Frafer were attended with a feries of further bad confequences to Mr. Du Calvet. From that lime forwards Mr. Du Calvet never could fucceed in any of the fuits he inftituted in the Court of Common Fleas at Montreal be- fore Mr. Frafer j of which, as he w'a.s then engaged in trade, there w'ere a coniiderable number: But his claims were always judged to [ 56 ] to be infufficlent. And in a variety of others inftances befides thefe difappointments in Mr. Frafer’s Court of Common Pleas, Mr. Du Calvet experienced the inconvenience of hav- ing Mr. Frafer for his enemy. Mr. Frafer’s friends became his enemies as v/eli as Mr. Frafer himfelf. Mr. Mabane, another Scotch gentleman, who lived at Qucbeck, where he was Surgeon of the Garrifon and one of the Judges of the Court of Common Pleas for that diflrld', and who was a great friend of Mr. Frafer j gave foon after a proof of aver-* lion to Mr. Du Calvet* which much furprized him, as Mr. Mabane had till then been al- ways very civil to him. Mr. Du Calvet had occalion to go from. Montreal, where he refided, to Quebeck upon fome bufmefs a few days after Mr. Frafer’5 violent affault upon him on the 29th of June, 3771. Pie there paid a vifit to Mr. Claud Panet, the Lawyer of Quebeck, and while he was with him, Mr. Mabane happened to come in, Mr. Du Calvet went up to him in a friendly manner, as ufual, to pay him the common compliments j but Mr. Mabane drew back from him with an air of furprize, and diflike, and without fpeaking a word ; and foon after too.k his leave of Mr. Panet, after a very Ihort converfation with him. This [ 57 ] . This change in Mr. Mabane’s behaviour fiirprized Mr. Du Cal vet exceedingly, and appeared to him perfed:ly unaccountable, as they had always before that time been upon good terms with each other. But Mr. Panet, obferving his furprize, foon removed it, by telling him that the coldnefs and diftance of Mr. Mabane’s behaviour to him was owing to his friendfliip for Mr. Frafer. After flay- ing a few days at Quebeck, Mr. Du Calvet returned home to Montreal. In the courfe of the Autumn of the fame year, 1771, another affault, of a more dange- rous nature than the former, was made upon Mr. Du Calvet by fome of his enemies j but he never could difcover with certainty, by whom. As he was fitting at table in his houfe at Montreal with fome company that flipped with him on the 30th of Odlober, at about 8 o’clock in the evening, a great flone was thrown at the glafs-door of the hall where he and his company were fitting, which broke with great violence through one of the panes of the door and fell near the table. Mr. Du Calvet immediately rofe from table and ran to the hall-door to fee what was the matter: and,jufl as he hadgottothe door and vvas opening it, a pidol, or other fire-arm, loaded with a ball, was fired at him, and the ball pafTed clofe to his body and ftuck in the wall on the fide of the hall-door. He went out* notwithflanding, to try to find out H wha [ 58 ] whohad made this wicked attempt upon his life i but, asit was a very dark night, withagood deal of fnow, or fleet, falling at that very time, he could only fee, by the light of the flalh of the fire-arm, that a man was making off from the houfe with precipitation, but could not < 3 ifl:inguifli who it was. He neverthelefs could not help fufpeding that it was fome one of Mr. Frafer’s fervants, not only be* caufe Mr. Frafer had himfelf made that vio- lent aflault upon him which has been already mentioned, on the 29th of the preceeding month of June, 1771, but becaufe he had iurprized two of Mr. Frafer’s fervants on the gallery before his houfe on the 3ifl; of the preceeding month of July, 1771, at half an hour after nine o’clock at night, who had, upon his coming out fuddenly from the houfe and feeing them, run haftily away with marks of confufion, as perfons who were employed upon a bufinefs thty wiflaed to conceal, and he had likewife feen the fame fervants many other evenings after the faid 31ft of July, about the fame hour of the night, walking . or loitering near his houfe in a very fufpici- gus manner. Mr. Du Calvet, however, refolved to ufe every means in his power to difcover who was the author of this infamous attempt to murder him, and he therefore drew up an advertifement to be publiflted in the Quebeck Gazette, [ 59 ] Gazette, with an offer of a reward of lool. of current money of the province, or 75I. fterling, to any perfon who llaould difcover the perfon who had been guilty of it, to be paid as foon as fuch perfon iliould be convidled. This advertifement was as follows. ylvertijfement de Pierre Du Calvet^ Rcuyer^ Juge d Paix. Wer au foir, 30 OSlobre, 1771, entre les Jept heureS) vingt minutes^ et jept heures et demit le Sieur Du Cahefy etant d fouper dans la falle de fa 7 naifont I' on jetta une grojje pier re avec grande violence d iravers les vitres de la porte de r entree de fa maij'on laquelle a fra- cajje un pen un barreaiit a cajfe im vitre, et a arrache deux petit s chuSt et a emporte et Jait un trou d un volet de toile. Sur cela le Steur Du Calvet, neveUt fort it fur la galerie tout de fuitet et V autre Pierre Du Calvet fortit avec fon epee : et dh aufjiibt I' on tira un coup de pifiolet cu d'u?t autre arme d fut au Sieur Pierre Du Calvet ^ oncle. he coup fut tire de la rile un pen fur le long de la galerie oil etoit le fufiit Sieur Du Cal-- vet. De Sieur Pierre Du Calvet offre de recom- penfe d celui oil d ceux qui lui donneront une preuve reelle du Jaitt ime fmme de deux jiiilles H 2 JchelinSf [ 6g ] fchelms^ argent *couranf de la province j payable des aujjitbt la conviction domiee^ Le fufdit Pierre Du Calvet fait ohferver qiiil 71 a pomt eu ni dijpute ni aucune mauvaife parole avec qui que ce joit^ depuis le jour de la Saint jfean et de la Saint Pierre., que Von vint Vafajjiner fur ja gaUrie, et que du depuis il a irouve les domefiques de fean Frafer fur fa ga- lerie et a roder aux eitviroris de fa matfon* Fait a Montreal le OClobre, 1771. Signe'y Pierre Du Cal^ef» This advertifement Mr. Du Calvet fent up Quebeck inclofed in a letter addreffed to the late Mr. Kneller and Mr. Williams, two lawyers of eminence at Quebeck ; and he in- clofed both the advertifement itfelf and the letter to Mr. Kneller and Mr. Williams in another letter addreffed to Hedor Theophilus Cramah^ Efq; the Lieutenant-Governour of the province, who at that time governed the province inftead of General Carleton, the Go- yernour, who was then in England. This communication of the advertiferpent to the Lieutenant-Governour was at that time a necelTary ftep to it’s being publifhed in the Q^beck Gazette ; as nothing was then per- 'jnitted to be printed in that paper without the { 6 ' ] the Lieutennnt-Governour’s confentj and there was then no other news-paper publifhed jn the province. But Mr. Cramahe would not permit this advertifement to be publilhed, chiefly (as he alledged in his anfwer to Mr. Du Calvet’s letter,) becaufe of the laft para- graph of it, which throws out a fufpicion that Mr. Frafer had been privy to that vile at- tempt. This paragraph, however, Mr. Cra- mahe might have erafed from the advertife- ment, as Mr. Du Calvet had fubmitted the whole to his revifal and corredlion. And he furely ought to have permitted the publica- tion of it, fo corredied, as it was the mofl likely means of difcovering and bringing to punifhment the authors of that infamous at- tempt, the impunity of which was a difgrace to the government of the province, of which he was at the head. But, as the Lieutenant- Governour would not allow the advertifement to be publifhed in the news-paper, no difco- very was made either then, or at any time fince, of the perfons who were concerned in that attempt, and the ends of juftice have been eluded. It has been feen above that Mr. Mabane, the Judge of the Common Pleas at Quebeck, took part fo ftrongly with Mr. Frafer of Mon- treal in his quarrel with Mr. Du Calvet, that, when Mr. Du Calvet met him at Mr. Claud Fanet’s the Lawyer at Quebeck, a few days after [ 62 ] after Mr. Frafer's afTault upon him, he would not condefcend to fpeak to him, though till that time he had always behaved to him in a civil and friendly manner. This diflike of Mr. Mabane continued ever after, and Ihev/ed itlelf in a variety of inftances to Mr. DuCai- vet’s prejudice. Nor can Mr. Du Cal vet en- tertain a doubt but that his late caufelefs and cruel imprifonment by General Haldimand for more than two years and feven months, has been owing, in a great meafure, to Mr, Mabane’s advice and fuggeftions to that Ge- rseral, over whom he is known to have ac- quired a great afcendant. But an inftance of this dillike that is more capable of proof, occurred in the year . 17745 which it will here be proper to flate. It was as follows. It is cuftomary in the town of Montreal, when the fnow (which lies a foot deep in the llreets during the winter,) begins to melt in the fpring, to cut little trenches, or chan- nels, in it, to direct the courfe of the melted fnow, fo that it fliall not run into, and fpoil, the cellars and lower parts of the houfes. Such a little trench Mr. Du Calvet had made in the ftreet of Montreal near the bottom of the lleps of the gallery before his houfe in the month of March, 1774. It was but three feet long, and therefore did not much encroach on the paffage-way of the Ifreet, which in that part of it was 48 feet broad : ' it’s t 63 ] it’s breadth was about nine inches, and it’s depth about fix inches. Mr. Mabane was at this time at Montreal together with Mr. Dunn, to hold a fiefiion of Oyer and Terminer there, in lieu of Mr- Hey, theChiefJufticeoftheprovincej thatgen- tleman being then in England with a leave of abfence from the province, and his office of Chief Juftice being executed by three commif- fioners appointed for thatpurpofe,of whom Mr. Mabane and Mr. Dunn were two. Mr. Mabane lodgedduring the feffion at a large houfe in Mon- treal, which is generally called the houfe of the India Company, becaufe it had, in the time of the French Government, belonged ' to the French Eafi: India Company, but at that time was the property of a Mr. William Grant, of Quebeck. Here Captain Gordon of th'e 26th regiment had fpent the evening with Mr. Mabane, and in his return very late at night to his own lodging in a cariole, or fledge, happened to run againft this trench cut by Mr. Du Calvet and was overturned : an accident which often happens, and may be produced by very fmall obflacles or inequalities in the ground, but w'hich is feldom attended with bad confe- quences* The f 64 i The next morning Captain Gordon was again at Mr. Mabane’s, and related to him the overturn he had met with the foregoing night near Mr. Du Calvet’s houfe, adding that thofe trenches in the fnow (of which there were then many in the ftreet, and very large ones,) were very inconvenient in the night- time, when one could not fee them. Mr. Mabane (the reprefentative of the Chief Juf- tice,) upon this told the Captain, “ he would “ advife him to employ the foldiers under “ his command to fill the trench up.’^ The Captain afked him, Whether he could do “ it fafely according to Law ?” And the great Magiftrate ahfwered, “ That mod: certainly “ he could.” UpOn this encouragement Cap- tain Gordon fent a ferjeant and a party of foldiers to fill up the trench ; which they immediately filled up, and more than filled up, heaping the fnow there to a greater height than in the adjoining part of the ffreet, fd as to make a bank of fnow near Mr. Du Calvet’s houfe. The confequence was, that Mr. Du Calvet’s cellars were very fooh filled with water. A little after this proceeding, as Captain Gor- don happened to be palling by Mr. Du Cal- yet’s houfe, Mr. Du Calvet fpoke tohim, and de- firedhimjufl to look into his cellars and fee what a deal of damage he and his foldiers had done to him i 65 1 . t nlm by filling up thellttle trench by which the water had ufed to run off. The Captain an- fwered with haughtinefs, That he was per- fedly indifferent about that matter, and “ that, if Mr. Du Calvet fhould open the trench again, he would fend all his foldiers “ to fill it up again.” Mr. Du Calvet upon •this went repeatedly to Colonel Templar’s lodging, who was at that time the Command- ing Officer at Montreal, in order to complain to him of the injury that Captain Gordon had done him. But the Colonel always ordered his fervants to tell Mr. Du Calvet that he was not at home } fo that Mr. Du Calvet could never get an opportunity of Ipeaking to him. Thii reduced Mr. Du Calvet to the neceffity of wri- ting a letter on the fubje who was behind the reft, and alked him, Whether he had been « conceraed in deftroying the rails of his gal- lery To which the other anfwered, “ Oh 1 “ No, Sir; .not J, I can allure you.. I was K “ only [ 74 ] only qnietly palling along the ftreet in my “ way home.” Upon which Mr. Du Calvet took his word and let him go about his bufi- nefs. This man had not a hatchet in his hand, as the other men had who had run away upon Mr. Du Calvet’s firft coming out ; but he had a pidol concealed in his breaft. Thefe men being all gone out of fight, Mr. Du Calvet hoped the mifchief was all over, and went into his houfe, and went to bed again. But he was foon obliged to rife again by a fecond attack of the fame kind upon his rails by five or fix men armed with hatchets, whom he actually furprifed in the a( 5 t of cut- ting them to pieces ; but upon his again go- ing out towards them, they run off again with precipitation, as before. He then went into the houfe again, but did not go to bed : and in five or fix minutes after he heard the fame noife again, and, going out again in hade, faw the fame number of men employed in the fame manner, who again run off upon feeing him, as they had done before, and after that did not return, when they faw Mr. Du Cal- vet was thus upon the watch to difcover them. The number of rails they cut to pieces in thefe three attacks was 62. There was at this time, 1779, a Gazette publiflicd at Montreal by the title of Gazette Litteraire^ befides the Gazette publifhed at Q^beck, wdiich had fubfifled ' [ 75 ]■ fubfifted ever fince the year 1764. This Gazette of Montreal had been let up, with Governour Carleton’s permiflion, about the year 1777. In this Gazette at Montreal, on the 14th of April, 1779, Mr. Du Calvet publifhed the following advertifement, in which he offered a reward of ahundred Spanifli dollars to any one who flaould difcover the perfons who had made this attack upon his gallery. A U IMP RIME UR. ye votis ferai ohligiy Monjieur, de •vouloir injerer dam la feuille ce qui Suit, "Pierre Du Cahet. y'avois crU jufqii d ce your que les Maifom des Citoyens etoient leurs JortereJJ'eSy & quaucun Malfaiteur ne pouvoit impunement *uioler les droits de propriety ye me JuistrompefOu du moins ai'je- lieu de le croire^ d'aprh ce qui ejl arrive dam la nuit du 8 du courant^ d deu)<; heures ^ un quart du matin. ye fus reveille par un bruit qui nHoit pas or-- diuatre, ye jortis ^ vis plujieurs hommes armh, qui en apparence ay ant reconnu limpoUibiliti de penetrer dans Vintirieur de ma mat [on ^ vii que les contrc-vents ^ fortes font defer ^ fe vengeoient fur K 2 les [ 76 ] les hahftradcs de la galerte, lefqueUes iJs ont coupies (tvec baches ou cafjetetes, aimomhre de 62^ & 07 tt commence par la balujirade qui horde la part ie de la Maijon loiih d M. le Colonel Campbell ; ih fiiiment quand jeparus ( iin mal-honnete hoinme nejl jamais brave ) . Ils revhirent d la charge trots Jots dep'uii deux beures Gx un quart jufqtid trots heures ; mats d la dernier e jots s'aperqurent qtie j'etois au giiety ils fe retirerent, II ejl heureux pour ceiix qui ont commts une telle violence y qiie^ vivar.t dans la tranquillite, Gf nayant lieu de me mejier de perfon>ie, puifque je nai eu aucune querelle avec des individus d aucune qua lit e, j'avois neglige de tenir mes armes en etaty nayant pas meme un Jujil ou un pijiolet charge > Ils ont meme leve une trappe de cavey & Pont jettee dans la rue. Ils ont fait un dpnvnage confderable par diffh-entesfrallions ; mais cenef pas tant laconjequence dudommage quePinte- ret public qui me dirige : car qui ef celui qui peut dire y *je fuis tranquille chexmoiV' Aujji pour parvenir dconnqitreles MalfatieurSy quils joient punis dans la rigueur de la Loi fuivant Pexigeatice du casy jof 're Pd promets payer aprcs convidiiony d celui qui denoncera un ou plufeurs de ceux qui ont enfraint la paix en dhruifant ma proprielCy une fomme de cent Piafres ci'Efpagne. Si un ou plujieurs d'eux etoient deccuvertSy it en refulteroit q tons les Citoyens & d chacun Pavantage de la PIERRE DUCALFET. Tliis [ 77 ] This advertifement Mr. Du Calvet fent alfo to Quebeck, in order to have it pubhflied in the Quebeck Gazette : but the perfon who was employed by General Haldimand, the Go- vernour of the province, to fuper-intend the publication of the Gazette, would not per^ mit it to be there publlihed. So little was the Government at that time inclined to make the necelTary exertions to difcover and puniih the perfons guilty of this outrage. Mr. Du Calvet has fince difcovered who the perfons were that committed this fhameful aft of violence ; but, as the evident difinclination of the perfons who governed the province to difcover and punilh the offenders, difcouraged him from profecuting it in a publick manner, he does not chufe to mention their names, though he is acquainted with them, and even has been informed of their boafting of thehidt in company at the houfe of a gentleman at Montreal a few days after they had commit-* ted it. The foregoing outrage was committed on the 8th of April, 1779. In about five weeks after, to wit, on the nth of May, 1779, another attempt of the fame kind, but rather more violent than the former, was made upon the fame houfe, at two o’clock in the morning by eight or nine foldiers armed with bayonets. They attempted to force open both the door [ 78 1 and the out-fide fhutters of the houfe with their bayonets : but, as thefe fhutters and the door were all of iron, they found it a difficult bufinefs, and were forced to make a good deal of noife in attempting it. This alarmed the fervants of the houfe, (for Mr. Du Calvet was then in the country at an eftatc, or Seigniory, called the Seigniory of the river David y near Sorel, which he had bought fome years be- fore,) and they immediately got up and run into the upper ftories of the houfe and called out at the windows for affiftance : whereupon, the foldiersfindingthemfelves difcovered, went away. Such was the confequence of the im- punity which had attended the former ad of violence. Other ads of the moft ffiocking injuftice were committed about the fame time. May, 1779, againfl: Mr. Du Calvet at his country refidence at the Seigniory of the river David, which would, probably, never have been ven- tured upon if it had not been known that Mr. Frafer and Monfieur de Rouville, the tv/o Judges of the Common Pleas at Montreal, and Mr. Mabane, the Judge of the Common Pleas at Quebeck, and the great favourite and advi- fer of General Haldimand, the Governour of the province, were his enemies, and that therefore there was little to be apprehended from any profecutions he ffiould inflitute for [ 79 ] the redrefs of them in the Courts of Ju{lice« Three valuable horfcs were ftab bed with knives in his ftables at the river David, and feveral of his cows and hogs and other cattle were wounded and lamed with the fame inflruments by fome malicious perfons who are unknown to him, and w'hom, from a defpair of procu- ring Juftice againft them if they had been known and profecuted, he took no pains to find out. The Court of Common Pleas at Montreal appeared to be fo very partial againft Mr. Du Calvet in every fuit of his that was brought before them, that Mr. Du Calvet could not forbear addreffing them in a letter of complaint publifhed in the Gazette of Montreal of the 26th of May, 1779, which he mentioned fome of the proceedings of the Judges which he conceived to be mod unjuft towards him, and which, in truth, have a very extraordi- nary appearance, and feem difficult to be ac- counted for in any other way. To ftatc the hiftory of thefe proceedings of thefe Judges exadly, and to explain the na- ture of the adlions that gave rife to them, would extend this narrative to too great a length. But Mr. Du Calvet is poftefted of the Gazette of Montreal in which his letter is contained, and is willing to fhew it to any perfon who is defirous of enquiring further [ So 1 into this matter ; and he is likewife willing to explain to fuch perfons all the hiftory of thefe a Montreal to fome perfon refident at Quebeck to [ 83 I to do it for him j though that was an indul- gence which had been granted to many other perfons in fimilar circumftances. Mr. Du Calvet reached Quebeck on the 23d of September, and on the 25th at ten o’clock in the morning, he went to the Court of Appeals and entered into the Bonds requi- red of him, and immediately afterwards went to pay his refpeds to General Idaldimand, the Governour. He was received bv the Cover- j nour with great politenefs, and talked with him of feveral indifferent matters for about a quarter of an hour. He then told him he was going back to Montreal the next day, where he intended to make all the necefl'ary prepara- tions for a voyage to England by the fleet that was to fail on the 25th of the next month of Oflober, 1780 j and he afked the Governour, whether his Excellency had any commands for him at Montreal. The Governour faid he had nothing to trouble him with, and they parted with great civility on both fides, and without the fmallefl; fufpicion in Mr. Du Cui- vet that the Governour could at that very time have iflhed any order, or confented to tlie iflli- ing of any order, to his prejudice, which he afterwards found to be the cafe. On the next day, the 26th of September, Mr. Du Calvet fet out on his return to Mont- real in company with the above-mentioned Mr. John Thompfon of Montreal and Mr. L 2 James [ H ] James Curchod, a merchant of C^beck. He •went to T’rois rivieres or "Three river s^ (which is 90 miles from Quebeck and half way to Montreal,) without any moleftation, or re- markable accident. Baton the 27th of Sep- tember, at about 4 o’clock in the afternoon, when he had gone about four rniles and a half beyond Three rivers^ he was met by Captain George Laws, of the 84th regiment, or Royal Emtgmrts^ (which was at that time comman- ded by Brigadier General Mac Leaiie,) and another officer. They came up to him on the road with pif- tols in their hands, and told hinr **thathe was “ their prhoner; that they had order to arrefl “ him wherever they found him, and to carry him before General Haldimand.” Mr. Du Calvet expreffied his furprize at this proceeding, as he was but jull: come from Quebcck, where he had feen General Haldi- mand and been civilly treated by him, and wffiere General Haldim-and might have ordered him to be arrefted, if he had had any fuch in- tention. tie deiired to fee the warrant by which they ao8 ] ved ; and that he would pay for doing it. But this likewife was refufed him. So that it is clear, beyond a doubt, that Mr. Du Calvet’s enemies aded againll: him from motives of fpite and malice, and not from a regard for the fafetyand welfare of the province, which would have been equally well provided for (fuppofing, for a moment, that he had had anydefign to difturb it,) by keeping him in confinement without all thefe circumftances of cruelty. During the imprifonment of Mr. Du. Cal- vet in the military prifon at Quebeck, Gene- ral Haldimand was at one time upon the point of giving him his liberty, being con- vinced that the fufpicions which his enemies had infinuated againft him were without foun- dation. But an indifcreet letter of Mr. Du Cal vet written to the Governour juft in the moment of this favourable difpofitibn towards him, renewed the Governour’s refentment againft him and prevented Mr. Du Calvet’s enlargement from prifon in the inftant it was going to be accompliftied. I call this letter an indifcreet one, becaufe in a province that is governed, (as Quebeck has of late years been,) upon the principles that prevail at Algiers and Tunis, or according to the mere will and pleafure of the Governour, with a declared pontempt of all the reftraints or rules of Law, it is certainly indifcreet to claim one’s rights^ an^ t >°!) ] and complain of thehardlhipsone labours un^ der, in a tone of firmnefs and refolution. But in other refpedts the letter was perfectly juft and proper, and liable to no manner of ex- ception ; as will be prefently feen when we come to fet forth the letter itfelf at length in the following pages of this narrative. But it will firft be proper to mention the fteps that were taken by Mr. Du Calvet’s friends to pro-; cure from General Haldimand an order for fetting him at liberty, and the near profpe6t they had of fucceeding in this endeavour, if that unfortunate letter had not prevented it. On the 6th of December, 1780, Mr. L* Hvefque reprefented to General Haldimand the wretched condition in which Mr. Du Cal- vet was, the declining ftate of his health, and the unwholfomenefs of the room in which he was confined, and befought his Excellency to give him his liberty, if not freely and abfor lately, at leaft upon his giving good fecurity for his good behaviour ; and he offered him- felf to become Mr. Du Calvet’s fecurity for that purpofe to any fum of money the Gene- ral ftiould think proper. This requeft was made to General Haldir niand publickly at his levee at Saint Lewis’s Caftle. General Haldimand faid, in anfwer to it, (as he had often faid to Mr. L’ Evefque before in fpeaking of Mr. Du Calvet,) that [ JIO ] “ he was forry that Mr. Du Calvet had been ** fufpedted of defigns againft the Govern- ment, and that he had thought himfelf ob- ** liged to fecure his perfon j but that, as no- thing had been difcovered to confirm thofe fufpicions, he was willing to reftore him “ to his liberty upon the terms propofed by Mr. L’ Evefque, of Mr. L’ Evefque’s be- coming furety for his good behaviour ; and that he was glad that Mr. L’ Evefque had ** interceded in this manner for Mr. Du Cal- “ vet, and made this offer of being furety for him, as it gave him an opportunity of re- “ leafing Mr. Du Calvet from his confinement with propriety and fafety.” All this he faid at his levee with an air of great good-humour and fatisfadion,. and at the lame time called his Aide de Camp, Mr. Le Maitre to him, and ordered him to go with Mr. L’ Evefque to Mr. Cramahe', the Lieute- nant-Governour, and tell him to draw up the bond, or infir ument, by which Mr. L’ Evefque was to become furety for Mr. Du Calvet, and to give an order to Prenties, the Provofi-Martial, “or keeper of the military pri- fon, to fet Mr. Du Calvet at liberty. For it mufi be obferved, that all this bufinefs, “ of committing people to prilon, and fetting them at liberty, out of the ordinary courfe or law,” w'as tranfadfed by Mr. Cramahe, the Lieute- nant- Governour, by the order of General IfaldL [ ni ] Haldimand, the Govcrnour, aild the warrants to the Provo/li-martial were all figned HeBor “ 'TIoecphihis Cramabcy by order of Iris Excellency “ the Governcur,” By fuch an order of Mr. Craniahe Mr. Dtl Calvet had been rernoved from on board the Canceaiix and confined in the military prifon 5 though the order by which he had been fent on board the Canceaux had been figned only by Captain Mathews, the Governour’s Secre- tary, and the original order under which he had been arreffed by Captain Laws near Three j-hersy had been only a verbal order of Briga- dier General Mac Leane : And by fuch an or- der of Mr. Cramahc it was now the intention of General Haldimand that Mr* Du Calvet fliould be fet at liberty. Mr. L’ Evefque accordingly went imme- diately with Captain Le Maitre, the Gover- nour’s Aide de Cap, to Mr. Cramahe, to pro- cure fuch an order. But, unfortunately for Mr. Du Calvet, Mr. Cramahe happened to be juft then fo much engaged in bulinefs that he defired this order might be delayed till the next morning between 10 and ii o’clock, when he promifed Mr. L’ Evefque to deliver it to him, upon the terms propofed, if he, w’ould call for it. Mr. L’ Evefque accordingly called at Mr. Cramahe’s houfe the next morn- ing at the time appointed, and was ftrewn into a room i iiz ] a room in which he found Mr. Dunn (a gen^ tleman of eminence at Quebeck, that was a great friend of Mr. Cramahe, and lived in the lame houfe with him,) employed in drawing up the bond, or inftrument, of furety-lhip, which Mr. L’ Evefque was to fign. When the lnd:rument was compleated, Mr; Dunn and Mr. L’ Evefque went with it into another room to Mr. Cramahe, in order that Mr. L* Evefque might lign it in his prefencci and that Mr. Cramahe might, in conlequence, make out the order for Mr. Du Calvet’s en- largement. But how great was their furprife when they heard Mr. Cramahe declare, “that “ he could not give fuch an order I for that the weather-cock had turned fLa Giroiietie a tourniy) or the wind had changed, lince “ Mr. L’ Evefque had been with him yefter- “ day, and that General Haldimand had fent him a countermand to his order of yefterday “ in Mr. Du Calvet’s favour Alluding by the mention of a weather-cock, to the capri- cioufnefs and variabtenefs of General Haldi- mand’s temper and condud in this and other Inftances. Mr. Cramahe made no mention of any rea- son for this change of the Governour’s refolu- tion, and poffibly did not know any. But Mr. L’ Evefque, itfeems, guefled at the true ea,ufe, namely, that Mr* Du Calvet might [ 113 ] have given the mighty Governour freOi of- fence by fending him an expofiulatory letter written in too free aftyle, which the Gover- nour might have received after he hadconfen- ted to let him at liberty. And he foon after, upon inquiry, found that this had really been the Gafe : which made him regret that he had not, upon leaving Mr. Cramahe the day be- fore, gone immediately to Mr. Du Calvet in the military prifon, and made him acquainted with the Governour’s intended favour to him, in order to prevent his taking fo indifcreet a Ifep. But the mifchief was then done ; and no intreaties, or remonftrances, could ever after prevail upon General Haldlrnand to fet Mr. Du Calvet at liberty till the 2d of May, 1783. So that It may truly be faid, that he kept tfi p?~ijon from the yth oj' December , 1 7 <80, to the 2d of May y 1783, not for any [up- pofed correfpojidence with the King’s enemies y or for any other practices againfi the wefare cj^ the province y hut for having, in the anguijh of his foul, and the confeioufnefs of bis perjedt innocencey written an expojiidatory letter to the Governour ex^ pre[jed in a fyle the Governour thought too free',' Mr. Du Calvet, after his enlargementfrom prifon, dehred Mr. L’ Evefque to give him an account in writing of the whole proceeding concerning the Governour’s intended favour to him in the beginning ot December, 178c. And Ivlr. L’ Evefque, in compliance with this p- requelh. r ”4 ] requeft, fent him the following letter front Quebeck, dated July the 28th, 1783, Menjieur, En reponfe a votre demande^ ye vous dtraty que les premiers jours de Decembre^ 2780, ye priai le CerJral Haldimand de vous laijfet fortir de prifon^ en lui reprefentant le trijle etat ou veils etieZy eu egard d votre [ante et la mauvaife prtfon que vous occupiez ; lui errant d'etre votre caution. II me fit reponfe^ (comrne il avoit deja dity) qu'il etoit fdche que vous fu['iez foupgonnd : Enfiny il m' ac^ corda votre elargijjementy et appella MonJi.eur le Mat trey d qui tl dit d'aller avec moi chez le Lieutenant-Gouverneurf Monjicur C^amahey lui dire de fa part de vous faire fortir y aprh avoir pris ma fgiiature pour la forme du cautionnement. Le m^fage fut fait ; et Monfieur de Cramakey etant occupe alorSy me pria de repafjer le lendemain : ce que je fis 5 et Monfieur Dunn dreffa V obligation', et la port ant avec moi dans I' apparternent de mon dit Sieur Oamake ; ce dernier nous dit, “ La giroiiette a tcurne 'y le General m'a envoy ^ contrordre." fe ccnqiis que vous lui aviez pu ecrire quelque choje la veille cu le matin, f e fus vous trouvery et j'appris de vous que je ne m'etois pas trompiy ce que le General [ «'S J General me confirma le dimanche 'd'enfuite d fon lever, ye me fuis reproche de ne vous avoir pas ete prevenir fur le moment en for-- tant de chez le Lieutenant-Gcuverneur la premiire fois : cela auroit arrete votre lettre au General et donne vraifemblablement votre Liberte, y'ai Vhonneur d'etre bien parfaitement^ Monjieur, Votre trh humble et trh obeijfant ferviteur^ Francois L'Evefque* It will now be proper to inlert the fatal letter of Mr, Du Calvet himfelf to General Haldimand, which occafioned the prolongation of his imprifonment, with circumftances of great hardlhip and cruelty, from Dec. 7, 1780, to the 2d of May, 1783, but which, with men of any temper and moderation or love of juftice, ought to have had the very contrary effedt. It was as follows. F 3 Ijetira [ ii6- ] 'l^ettre de Pierre Du Calvet d [on pjxcelleiice^ le General Frederic Maldmand^ d Quebec, A le prifon de ^ehec^ le 6 Decembre, 1780, ^loique depuis le 27 du mois de Septe'mbre dernier je ne cejje point de vous reprefenter la dure et trifie fituation oil vous tn’avez misy en me faif ant prendre pour votre prifonnier Jans P avoir merite ; mayant traite depuis ma detention avec toiite la gene de Pefclavage le plus opprejjif Je vous ai demande tres reJpeBueufement d'etre inflruit de la ccaife et des raifons de mon emprifcnnement ^ pour me jujlifier. Vous navez pas juge d propos d'en venir idy puifque vous me I'avez rejufe, Je vous ai re-itere et ecrit diverfes fois que je n'avois rien jait en aucune maniere pour metre attire la durete avec laqueile vous me maltraiteZy et que^ pour vous en donner des preuves authentiqueSy je vous ai demande de ' dne prefer ire ce que vous dejiriez de moi ; que j'etois pret d le futvre : Vous avez garde ie Jiicnce. Je vous ai expofe^ que mes affaires et mes maifons etoient d I' abandon et entre les mains de mes domefdqueSy pour eiinfi direy au pillage ‘yjt que cela me portoit im [ i‘7 I tin tort et un prejudice des plus conjiderables et inappreciable d touts egards. jfe vous at nieme offert touts mes e£ets en gitieral et de toute nature quelconqiie^ pour les mettre dans les magazins du roi, d telle ccmpcjitictt que ‘VOUS Jouhaiteriez : Point de reponfe. — Enjin^ j'ai votilu me plair.dre que j'etois malade^ quand je Vetois au dernier point : (Car il efi Jurprenant que je fois forti ^i-vant du hard du Canceaux,) Vous m’a'vez fait un crime d'en a'vcir jait un tres petit detail datis line lettre que j’ecrivis etant prefque hors de mci-mane^ et tie croyant plus defcendre d terre 'uivant. V die a ete ma Jituation d bord du Canceaux au commencement du mois de Novembre dernier que j) en futs ires indif- pofe encore^ et que je crains beaucoup que le mal de tete que j"ai attrape Id, ne me joue un mau'vais tour : car je ne puis point en guertr, — — Enfin, puifque je vois que mes biens s en vent grand train^ et qu'ils s'eclipfent ; — que ma jamille efi d la merci des domejiiques — que je fens que ma fante et mes forces diminuent — je crois qutl riejl pas hors de propos de vous donner une petite analyfe trh fuccindle des raifons qui occajionnent y par malheur pour moiy que Vous et Monjieur Cramahe ayez pris d tdche de me faire jupporter toute votre intmitie. Car je n at point fait de mal ; et mon deffetn n'ef d 'en faire d perfonne que ce puijfe etre. A [ ii8 ] A 'Rijiigoiiche I'eie 1759, par principes ie religion et d'humanite^ je relirai d'entre hs mains des jauvages^ avec grande^ peine ^ trente et quelques prifomiiers Anglois avec nn cfficier nomn.e Cefar M^Cormtck^ kf quels alloient etre jacrifies. Je les envoyai^ je les ejcortai met- me me avec foixante hommes dans un grand batteau jufqu' d I'ifle de ^uarraquet^ ou ayant jait tiier deux boeufs, je les eppro^ AJionnai et enfuite je les envo)az d Halifax^ En 1760, d la prife de Montreal cet q^xier sy trouva : En conjequence le General Am^ herji m'envoya chercher^ et me Jit beaucettp d'offres et de remerciments* he Major Rogers^ qui ej arrive id Cannee dernier e^ pourroit re?idre temoignage, En 1761 le General Gage me donna un pajfe-port pour partir peur Londres. Le G/-. neral Murray, dant tnjorme que je connoijjots la partie de I Acadie, mx prit le paje port, et me dit quil jallcit que je Jujje Jaire une tournee d lAcadie pour le gouvernment^ En^ Jn, il Jt armer ime grande chaloupe, et j'y Jus avec Jes ordres, oil j'appaifai et je re- unis d fes volontes les habitaiits qui doient dans toute cette partie, d commencer depuis Gafpey, la Baye des Chaleurs, ^arraquet, et touts les autres endroits le long de la ditte cote. Je ltd apporiai le ddiomhrement ; menie quelques bdtiments vinrent avec queique fa- milles. Far ce moyen toA Jut tranquille et appaife t ”9 ] ^fppatfiy 'et rendu d la fGumiJJion du Gou* 'vernemetzt. Le printemps 1764 , je pris le parti de pajfer d Londres pour aller vendre 7 nes biens en France^ pour vcnir in' ecablir en cett^ province. A mon depart le General Murray^ fans le lid demander, m'honora de plufieurs lettres de recommendation : En particulier^ comme le bdtiment alloit au port de Greenock en Ecojfe^ il m'en donna pour toute fa fa- tnille 'y oil nous Jdmes tres bien recus, et prin- cipalement de my Lord Ellibanky ainjt que des Lords des Plantations. Je rejldi quelque temps d Londres. A mon depart le Comte d' Halifax me donnuy ainf que d' autre s Jeig- neurs de LondreSy des lettres de recommenda-^ tion pour my Lord Comte de llertfordy Am^ baffadeur d la Ccur de FrancCy airfi que pour Monjieur HumCy Secretaire d'ambajjade. Apres etre arrive d Paris my Lord Comte de Hert^ ford vint avec moi chcz Morfeur le Comte de Saint Florentiuy ety apres diver fes vijitesy et de tres grandes et vives confercnceSy my Lord Comte de Hertford parvint d m' obtenir ma pcrmijjion du Roi pour vendre mes hiens, Enfiiy en confequence de cette permifjion ( quoi^ que bien refreintey) je vends mes bien% en Jaifant iin facrifce confulerable. Je revins d Londres en Janvier y 1776 , oil je rejlai jufqu' en Avrily que j' enbarqiiai avec touts mes efct£ et 'b a gages d herd du navire le General Ccnccay ; t *20 ] Conway ; etant arrive id a ^ebec, je General Murray me fit nommer Juge de paiXi^ Four ne point le defobliger et pour ne pat lut deplaire^ jacceptai la commifion^ et j'ai en confiquence adminifre la jufice gratis et avec le plus grand dejinterefement que Von puijfe le faire jufques a VintroduSlion de Vacfe de ^774* 9 ^^ ^ changi la forme, fen ai, he meme pour beaucoup d' argent outre mon temps, "Lorfqu’il y a eu quelque emeitte ou defordre, je Vai appaife i tels que ceux des Jaux-bourgi de Montreal en 1772 et 1773- Les lettres meme de remerchnents que le Gdndral Carleton m'ea'ivit d ce fujet^ en font foi. C’eji moi qui ai fait connoitre les pre- varications qui fe commettoienty et qui ont caufe Vordonnance de 1770. Les lettres que j'ai recues d cet egard^ de Monfeur le Ge- neral Carleton^ de Monfeur Cramahe^ de Mon- feur Hey, et de quelque s autres, le prouvent ; et tout le Public en general pent en rendre temoignage. Lorjqu'il s'ejl agi de donner quelque argent pour le bien du fervice du gouvernment, puhiic ou autre, j'ai ete celui qui ai do?ini le plus. Lorfqulcj\ [ I2I ] Lorfqtion a loge les troupes f j at loge cent fits plus quun autre, y'cit Journi chandclleSy bois, ei autres objets avec les uJieryHes de menagei fans en rien retirer, Uon ejl venu maJfailUr chez mot. yai paru fur la port e) Von a fait feu fur moi : Von a caffe mes litres de toutes les facons ; brife ma galerie ; force mes porieSy mes fenetreSy et mes contre-ventSy quoiquen fer, 'Tout cela a pajfe fous flence, "fai enfin ete rnal-traite au dernier point par les Juges mhie. Tout cela nef rien: quoique touts cesfaits^ que javancey foient clairement conniis prefque de tout le monde en general. Pour recompenje de mes bienfaitSy je fuis reduit prefentement dans wie prijoUf tres maladcy comme le plus grand criminel du mondey fans V avoir meritcy et fans en l^avoir la raifon ni la caufe. Le General Arnold et les autres ont fait prendre chez moi de forccy en 1776 , en part ant de Montrealy pour une jomme de plus de mille guinees (ce quil m'eft aife de jujiifier •,) fans^ en avoir re^u wi coppre de qtii que ce Joti* h odd comme fai eti arrangi. Je nai rien refufe pour le fervicc du Hoi i tout ce que Von m'a demandcy je Vai donni. [ 122 ] a-f-on done d mimputer ? Rien. ye riai rien fait de coniraire. t-on done d allegtier^ pour moppi'imer ainf quon Ic fait ? CrainU on que je 71 aye des mauvais dejfeins^ et me foiip^onne-t -on de vouloir jaire du fnal f Oft fe troftjpe d touts igards. Croit-on que j aye envie de quitter la provinee f Cette idee efl Jauffe : jy ai touts ines biens^ et je riai riett aiileurs : Par tout ( except e la prijonf Je ne puis qii etre plus tnal. Non ; perforate rien dontte : tnais Motif eur le Ge/ieral Haldttnand et Monfeur Cramahe nien font perdre bien d advantage, fans le ineriter ; pour jatisfaire d kurs plaifirs. Enfn je concluds par les princi- pes d'honneur^ de religion^ d'huinanitf et de chariie^ qui doivent nous infpirer ; par le refpedl et la jufice que I' on fe doit d foi-meme ; par cet axiotne f reconnUy de rendre d Cefar ce qui appartient d Cej'ary et d fon pro^ chain ce qui lui ef du f — D'apres ces prin* cipes je dirai par reprefentation d Monfeur le General Halditnand et d Monfeur Cratnabf quey sils nont pas projette et jure nta dejlrudtion entiere et cede de ma farnllley Us auront egard d la reprefentation que je ‘vais leur faire, et Us ne me jeront pas joufrir phis long-temps dans tna prifov.y — I'une des plus durcs prifonSy ou je fids malade, . -Premder point, lion me foupqonne d' avoir de tnauvais defeins. — Second point. Uoncraint peut-etre que je ne vienne d vendre mes biensy ct t '23 ] ct enfuiteje ne quitte province, — T'roi~ Jie me point. Sur ces foupcom I' on me ttent emprifonne 'y I' on me fait perir d'un cofe-y et de V autre Von fait perir ma famille et mes biens fans y apporter aiiciin remede. Refonfe au premier point, ^oique ces foup^ons foient fans fondement et gidils foient faux ; four prouver gue je n'ai aucun mauvais deffeiiiy et en temoignage de ma parole y je fuis pret de faire ma foumijjion au Gouvernement ainf gu it le jugera d propos et neceffatre pour le bien du Jervice du Roi. Reponfe au fecond point. Fuifgue Von craint gue je ne vienne d vendre mes bienSy et gue je ne parte de la province fans permifjion ou jurtivementy j of re gue le Gouvernement choiffe telle perfonne^ quil voudra d fon fouhaity laquelle regira a VOS ordres mes biens meubles ct tninieubles en general et guelcongues : je /ids pret de fgner telle obligation y ou engagement y gue vcm jugerex d propos d ce fujety ainf gue pour ne pas nd abj enter de la province fans une perniifiion de votre part. Rfonfe au troijieinc point. Sur de fmples foupcom Von ^ me Jait perir y mciy en prifoiiy ( ou je fuis tres maiade) ainf gue ma Jamille et mes biens entre les mains de mes domefiigues. U feroit plus honor- able et plus charitable pour Morfeur le Ge-^ neral Haldimand et pour Monfieur Cramahe d'eviter cette defrudiion gue de la permettre, en prenant toutes les me fires juftes ct rat fon liable^ gue Vhumanite exige dans tin temps aufi 0^2 JuneJie [ 124 ] JuneJle ef aujji critique que celui oil nom vi- 'vons mamtenant far malheury et malheureux four moi en parti culier de toutes les fa cons, yefpere que votre Excellence ef Monjieur de Cramahe 'vous voiidrez bien, par un effet de votre bonte et de votre clemence^ conjiderer le trijle etat ou je fuis reduif, tres malade : et^ quoique fai ete mal-traite au point oiije Tie devois 'jamais m'attendre de i'etre^ ma dijcrction fera des plus grandes fur touts les points j en f enfant la conjequence autant qus per forme. C’ejt de quoi fai I'honneur de vous ajfurer ft vous permettez mon elargijjement j lequel j'efpere de votre jufice ef de votre humanite, En attendant, j'ai I'honneur d'etre, uvec un trh projond refpedi, Monjieur, Votre trh humble et trh obeijj'ant ferviteur. Pierre Du Calve f. \ rt [ ] It is unneceffary to make any refledlions on this letter, which is fo moderate an expoftula- tion with General Haldimand on the unjuft and cruel treatment Mr. Du Cal vet received from him, that it will probably be generally approved of in this country, where the caprice and jealoufy of arbitrary government and mili- tary tyranny are unknown. Yet the follow- ing remarks upon it (which were made by Mr. Du Calvet himfelf after the recovery of his liberty in May, 1783,) are fo very juft and na- tural, and exprefted in fo lively and forcible a manner, that, I prefume, moft of the read- ers of this narrative will be glad to perufe them. Voila done ceite lettre Jl offenfaTite^ qui a pu faire jufpendre de deux ans et demi iin elargijfemejit deja accorde et Ji bicn meritL On con'iiendra cependant qii’elie iie reuferme micune expreffion qui ne Joit bien permife d un homme accable de fes maux^ et qui fent qiiil ne les merite pas. ^e don juge du motif de V emprijonnement par celui de la retraclation / Qui : il ejl bien vrai que ce font de Jimpics foupqonSt et des quer elks fur les motSy qui ont pu jaire languir un honnete citoyen pendant trois ans dans la plus etroite captivite. II falloit done que mes bourreaux m'extenuajfent au point de ne pouvoir tenir la plume. Et peu s'en eft fallu : car je puis bien dire que cette lettre jut chez moi un dernier e^orf [ 126 ] du fentiment, qui seteigncit. Mats Jton : La TTianie des tyram a toiijours ete de 7 ie vculoir fas que Von fe flaigmt. ^'ils egorgent done des anhiiaiix^ et Us n entendront fas des flaintes ! There are two particulars relating to Gene- ral Haldimand’s intended enlargement of Mr. Du Calvetfrom his imprifonment, before he changed his mind in confequence of the fore- going letter, which are worth relating. The firfl is, the furprize which the French, or Canadian, gentlemen who were prefent at General Haldimand’s Levee on the 6th of De- cember, 1780, exprelled when they heard the General confent to Mr. Du Calvet’s being fet at liberty upon Mr. L’ Evefque’s becoming bound for him, and declare that he had hitherto been confined only upon general fufpicions, for which they had not yet difeo- vered any ground. They trembled at the difeovery, that, under an Englifli government, they were liable to be fo treated upon mere fufpicion, and faid to one another in whifpers, ** Gare les foupcens : Car in Jerois bien vttc dans le cas de Monjitiir Du Calvet,” that is, I fee ** it is a dreadful thing, in the prefent date ‘‘ of things, to be even fufpeded of being an enemy to government. For, if we are fo, ‘‘ the bellof us, though everfo innocent, mity “ inflantly be brought into the fame con- ** dition as Mr. Du Calvet.” For till this time { 127 ) time they had given the government fo much credit as to fuppofe that they had proceeded upon fome proofs, or informations, that had at leaft an appearance of truth, in their treat- ment of Mr. Du Calvet, The other particular is, that, when Mr. L’ Eve'que went with Captain Le Maitre, the Governour’s Aide deCamp, to Mr. Cramahe, the Lieutenant-Governour, with the Gover- nour’s order to him to fet Mr. Du Calvet at liberty upon Mr. L’Evefque’s becoming bound for him, Mr. Cramahe exprelled great fatisfa(ftion at it, and faid to Mr. L’Evef- que, En ^^erite je fuis hicn cife. Car il eioit honteux de tenir iin honime corame cela en prifon fans f^avoir pourquoi ; that is, “Well, I am “ glad to hear it ; for it was really a diame to “ keep a man of Mr. Du Calvet’s character “ in prifon without knowing for what.” On the 13th of December, 1780, General Haldimand ordered Mr. Du Calvet to be're- moved from the military prifon to the con- vent of Recollet monks at Quebeck. This is a very large building, containing a great number of rooms, which are pot ufed or want- ed by the monks that inhabit it, whofe num- ber is reduced to only two, belides the Supe- riour of the convent, -wdio is called the Father Commijjary^ and four lay-brothers, who are the fervants of the Monks. It would thcre- •>* fore [ >28 ] fore have been eafy for General Haldimand to have caufed Mr Du Calvet to be accomodated in this place with a convenient and wholelbme apartment, in which he might have hoped in fome degree to recover his health ; but this leemed to be far from the Governour’s inten- tion. For the Father Commillary, whofe name was Berre, and under whofe power and management Mr. Du Calvet was placed, put him into the room which ferved the monks and lay-brothers as an infirmary, or fick- room, where thofe of them that took pbyfick came to ufe their clofe-ftools ; and this, as he declared, by the order of General Haldimand. In this room there were three beds, in one of which Mr. Du Calvet lay ; and the other two were ufed by fiich of tlic monks, or lay- brothersj as were fick; of whom there was almoft always one or other in that condition, and very frequently two at the fame time. And the ifench of the room was fo offenfive that Mr. Du Calvet thought hlmfelf in rather a worfe condition than he had been in before in the military prifon above-mentioued, nafty and unwholelbine as it was. In this unhappy fituation, and being at the fame time almofl worn out with licknefs, he wrote on the following day, the 14th of De- cember, 1780, the following letter to Mr.- Cramahe, the Lkutenant^Governour. t 129 1 ( Au'x RecoUetsl jeudi Matin j 14 Decemhrel 1780. Monfieur^ Permettez que je h)cus informe que je fuis trh malade^ et que je me recommende d lotrle tharitiy et que je vous fupplie de parler pour moi d fin Excellence : Car je me vois perir fans refiurce^ ji vous n'avez pas pitie de moii fai pris la liberti de lui hr ire avant hier la lettre que je joins id', laquelle il n'a pas voulu recevoir, Je 'vois par Id qu'il eji trh indifpofi centre moi. Je n'afuois pas befoin de cela : favois ajjez de mal, fans qu'il nieri furvienne d'avantage par le maltraitement : car je me vois perir. — Permeitez que je vous prie de Vappaifer, et de lui faire agrier mes excufis, Ji fai manque d quelque chofe qui puijje r avoir irrite, — Je juts^ au -dejefpotr. — Monfieur Prenties m"a transpire bier matin id ; ouje fuis tres malade. Je n^ai pas eu feulement de Veau depuis que j y fuis, Le froid m'a fait fortir du lit, etjivec grande peine fai pu Jaire du feu. ^ Je^ Juis aban- donni et hors d'etat, par moi -mime, de rien, jaire pour pouvoir me fecourir , etant dans^ tin accablement et dans une fotblefie des plus R grandes. [ 'JO ] 'rrandes. que Jon Excellence et vous^ voui ‘voudrez bien avoir egard d ma trijii faaatidn, yat Vhonneur detre^ avec un profond refpedi. Monjieur^ Vbtre trh hiimhle^ et trh obdijfant ferviteur, Pierre DuCalvef, I To this letter Mr. Cramahe Tent him the following anfwer, A Monjieur Pierre Du Calve aUx Recollefs, Jeudiy 14 DecembrCy 1780. ye fan mes compliments d Monjieur Dti Calvety et parlerai d Monjieur le General demain matin d Jon fujet. Son Excellence d dti indifpoje d [on egard au fujet d'une lettre quil lui a icrite d'un Jiyle trh indecent et qui ne convenoit point du tout, ye vous eri ai averti plufieurs Jois j et vous y etes toujour i revenu. H, T, Cramahe, ' [ ] The letter of Mr. Du Cal vet alluded to in the foregoing note of Mr. Cramahe, and which, he fays, has indifpofed General Hal- dimand againft him, is the letter of the 6th of December, 1780, which has been fet forth above. Two days after, to wit, on the 1 6th of De-^ cember, 1780, Mr. Cramahe wrote Mr. Du Calvet another letter, to inform him that he had reprefented his unhappy flate to General Haldimand, and that the General had faid he would give orders that Mr. Du Calvet ihould be treated in a better manner, which would be to Mr. Du Cal vet’s fatisfailion. But no fuch orders were ever given, and Mr. Du Calvet continued to be treated with the fame neglecft and cruelty as at fird: during the whole remainder of his imprifonment in that con- vent of Recollet-monks under the power of the aforefaid Commilfary, father Berre\ In this fituation he received no allowance of food whatfoever from either the Government, or the Recollet-monks, but might, literally, have been ftarved to death, if he had not had wherewithal! to purchafe fome nourilhment himfelf by the favour and affiflance of the foldier who mounted guard upon him. This he did under circumftances of great inconve- nience, the foldier being often drunk and over-turning the victuals he was bringing to 2 him. [ 132 ] him, and fometlmes flopping at an ale-honfe with the vi(ftuals in his hand, and letting- people eat up part of them while he was drink- ing and talking with his companions, fo that only a fmall part of them came to Mr. Du Calvet. Under thefe' circumflanccs he deiired the Recollet-monks to let him have a bafon of broth every day from their table, that being a conflant difli with them ; and he oifered to pay ^ a Spanifli dollar, or 4s. and 6d. flerling, for every fuch bafon. But they refufed to let him have it, telling him they had exprefs orders from the Governour not to give him any re- frefliment whatfoever. And father Berre, their Commiflkryor Superiour, (whofrom-his bru- tality and hardnefs of heart, was excellently calculated to give General Haldimand com- plete fatisfadion in this employment of Mr. Du Calvet’s jailer,) ufed often to forbid the. other monks to give Mr. Du Calvet the leafl: refrefliment, comfort, or afliflance of any kind whatfoever, under pain of being themfelves put under confinement by his authority ; de- claring at the fame time that fuch were the orders of General Haldimand, and that he was determined to obey them. In this forlorn condition Mr. Du Calvet continued for almofl the whole time of his imprifoninent. Neither General Haldimand, nor [ '33 ] nor Mr. Cramahe, nor the town-major, nor any other officer on behalf of the Government, ever came to fee him in his confinement, or to enquire into the ftate of his health, or the treatment he met with, and the manner of his accommodation; though it is, in mofl: places, an efiablilhed cuftomfor thefuperiour officers of Government, (under whofe authority pri- foners are kept in confinement,) either to vifit the prifons themfelves in perfon and make thefe inquiries, or to caufe them to be made by refpedable officers in whom they place a confidence. General Carleton, while Governour of the province of Quebeck in the firfi; part of the late unhappy war, in the years 1776 and 1777, when there were numbers of American pri- foners of war in various prifons of the pro- vince, never, failed to vifit the prifons at the town of Quebeck, or where-ever elle he hap- pened to refide, in which 'any fuch prifoners were confined, once a wxek, to fee their con- dition, and know from their own mouths bow they were treated. And General Hal- dimand, his fuccefibr in the government of the province, though he did not, like General Carleton (whofe humanity isgenerally acknow- ledged,) vifit the prifoners in his own perfon, yet he caufed them to be regularly vifited by the town-major of Quebeck, or the barrack>maf- ter, or fome other officer that he could trufi: . But [ '34 J Buthe never did fo to Mr. Du Calvet. On the contrary, he gave orders that none of his friends fhould be permitted to vifit him : and it was always with great difficulty that Mr, L" Evefque, (though a perfon of eminence in the province, and a member of the legifla- tive council,) could be permitted, now and then, to have accefs to him ; and, when he did lee him, he could not bear to flay with him above five, or fix minutes, on account of the extreme ftench of the chamber in which Mr. Du Calvet was confined, arifing from the caufe above-mentioned. On the Sunday after Mr. Du Calvet had ient the letter above-mentioned, of the 6th of December, 1780, to General Haldimand, (in conl'equence of which the General revoked his order for fetting him at liberty,) General Haldimand faid publickly to Mr. L’ Evefque at his Levee, ‘'that Mr. Du Calvet had fent ‘‘ him a letter that had given him great offence ^ “ but that he would teach him what it w’as to “ write to him infucha ftyle, and would make “ him alterhis note.” Mr. L’ Evefque replied, ♦‘that hehadfeen the letter, and did not think it could have offended his Excellency fo “ much, but that it might have been ex- cufed from a man whofe health was almoft deftroyed by the hardffiips he had fuffered in his imprifonment, and whofe fortune y was daily going to ruin for want of his pre-r “ fence [ *35 ] ** fence and attention.” And Mt. Pefe^ Panet, (a French or Canadian lawyer, who formerly pradifed the law at Montreal, but of late years has been one of the Judges of the Court of Common-Pleas at Quebeck ;) joined with Mr. L’ Evefque in making the fame re- mark. Upon which General Haldimand faid with warmth, “ that he did not want advice “ upon this fubjeCl from any body# and that “ he was himfelf the only perfon who had a “ right to judge about it, and would do as he thought proper.” So plainly did it appear from General Haldimand’s own declarationJ that the aforefaid letter of the 6th of Decem- ber# r 780, was the caufe of his continuing the imprifonrnent of Mr. Du Calvet from that time to the time of his enlargement in May, 1783. But to return to Mr. Du Calvet’s forlorn and unhappy condition in the nafty lick-room at the Recollet convent, in which he was fo malicioully confined ; it is proper to add that the mifery of it was very much heightened in the year 1782, by the fither commilfary’s ordering two mad-men, (who were fuccef- fively fent to that convent to be confined and taken care of,) to be put into the chamber over Mr. Du Calvet’s head. This was cer- tainly done on purpofe to torment Mr. Du Calvet, and wear out, if polfible, the fmall remains of health and ftrength he ftill retained. [ 136 1 t*or there Were at that very time a dozefl chambers in the convent that were empty, any one of which might have been allotted to the unhappy lunatick, and a fecond, at a diftance from the former, might have been afligned to Mr. Du Calvet, without the fmal- left inconvenience to any one. But this would not have been a fufficient punifhment to Mr. Du Calvet, for having prefumed, in the above-mentioned letter of December the 6th, 1780, to complain of the hard treatment he had received. The two mad-men were therefore placed,! fucceflively, over his head ; wJien, the floor of the room being ill put together and full of large gaps between the planks, their urine and other filth penetrated through it and came in large flreams into Mr. Du Calvet’s prifon- room, and increafed the naflinefs and flench of it, which was before almofl intolerable. And their difmal cries and Ihrieks, and the noife they made in moving about continually from one part of the room to another, were fo plainly heard in Mr. Du Calvet’s chamber, that it made it almofl impoflible for him to get any fleep either by night or by day^ and thereby increafed to a terrible degree the fick-i nefs under which he had long laboured. Can fuch treatment be properly called by any other name than that of downright perjecution f Thefe [ ‘37 ] Thefe two mad-men were kept in the room over Mr. Du Calvet’s head from the begin- ning of April to the end of Auguftin the year 1782. About the middle of this period, to wit, on the 10th of June, 1782, the follow- ing converiation paffed between Monlieur Du Chefnay and Monfieur Baby, two French, or Canadian, gentlemen, of whom the latter is a member of the Legifiative council of the province, Monlieur Du Chefnay, being at dinner at Monfieur Baby’s houfe, faid, *‘he did not ** doubt but that Mr. Livius, the Chief Jiif- tice of the province, would, when he re- ** turned into it, inquire into the caufes of “ the feveral imprifonments that had taken “ place in the province, and fet fuch of the ** prifoners at liberty as he diould find to bd innocent.” To which Monfieur Baby faid. That he believed Mr. Livius would not do “ fo : for that the Legifiative Council would not let him enter into fuehan inquiry, not- withflanding it did feem to be a part of “ the duty of his office.” Upon this Mr, Du Chefnay faid, “ What then does the Go- “ vernment intend to do with the priibners, ‘‘ and particularly with Mr. Du Calvet, vvhti has been kept fo long a prilbner only upon “ fufpicion, and without letting him knovv “ the caufe of his imprifonment, while both his health and his property arc going to S “ ruin ? [ 138 ] “ ruin ? — It feems to me that the Chief Juf- tice, upon his arrival in the province, can- “ not avoid liftening to his complaints, and “ bringing him to a trial for the offence which “ may be charged upon him, if he infills upon “ it, as he hitherto has done repeatedly. For ** it is very hard upon him not to be allowed ‘‘ to juflify himfelf by a trial, notwithfland- “ ing he has fo often delired it. We are, all “ of us, interefled to have an end put to this “ fort of imprifonments. For while they are allowed, no man’s liberty is fafe.” Mr. Baby fiid upon this, “ That the Go- “ vernment could not bring him to a trial, becaufe they had only fufpicions againil: “ him wirhoLit any proofs : — That, if they fliould find any proofs againfl him, they “ would bring him to a trial ; but otherwile. not : for that, if they did bring him to a “ trial without having proofs againil him, he would be acquitted, and then mull be let out of prifon, which was what the Goverii- ‘‘ ment was refolved not to allow. How many innocent perfons, added he, have we not known to have been kept in prifon 20 and 30 years together without being “ brought to their trials, and at lall die there ? Mr. Da Calvet will only add one to the number, and is no more to be pitied than “ they have been.” Such was the opinion of this member of the Legiflative Council of the. province. [ '39 ] province. But it did not fatisfy Monfieur Da Chefnay of the Jufliceof thefe arbitrary im- prifonments upon pretended fufpicions, or of the advantage that the province derived from them. The foregoing converfatloii between Mon- fieur Du Chefnay and Monfieur Baby was re- lated to Mr. Du Calvet immediately after it had palled, by Monfieur Du Chefnay himfelf, who came to him at the Recollet’s convent for the purpofe, and was introduced, to him by the favour of father IJidore^ one of the rnonks of the Convent, who w'as Mr. Du Chefnay ’s confelTor, and who took the oppor- tunity of the cruel father Berre’s being out of the way, to gratify Mr. Du Chefnay’s inclina- tion. And it has often been confirmed to Mr. Du Calvet by Monfieur Du Chefnay fince that time, both during the remaining time of his imprifonment, and fince his enlargement. About the time of the foregoing converfa^ tion that is, in June, 1702, Mr. Du Calvet received an anonymous letter (of which he does not know the author,) by the hands of a foldiec who was permitted by thecentinel that mounted guard upon him, to deliver it to him. It is not written in the cleared: and mod: correft language. But it feems to contain a true and lively reprefen tat ion of the fenti- ments which the Canadians, or French inha- S 2 bitants,^ [ 140 ] bitants, of the province entertained concern- ing the power that was at that time afTumed by theGovernour of the province of arbitrarily imprifoning people by military authority upon mere fufpicions, and without bringing them to a trial ; and in this view it feems worthy of the reader s attention. It was as follows. Monjtair Du Calvet, Juin 30 , 1782 . \Afvec peine je vctis infcrme^ gue, par im trait de politique le plus tyranniqucy on a empeche Monjieur Liviiis de ^tnir en Canada, 11 eft certain^ que le parti de I'inquijition, qui s' eft ele'ue ict^ a ecrit a Londres tout ce que la calomnie pent i7ive7iter pour fe 777ai72tenir C7i autorite jufqu' d la fi7i de ces dejordres ; pour defoler ceux qu'ils ont €7i averjion^ pour affouvir U7i i72terH fordide par une i77digne iniquite qii'H exerce, ^elques Confeillers ne fe cachent point de dire haiitement que^ fi Monjieur Livius etoit ve7iu^ le Co 7 ifeil I 'au~ roit fait repartir dans le 7neme hdtiment : Mef7ie le Gouver77eur a eu V imprudence de le dire d table, lls fe voyoient foute 7 ius i cejl ajfez en dire^ pour les autorifer d tout JairCy d tout ofer^ et d tout cntre-prendre. L'on dit que le Gouverneur a requ des injtrudlions du fecretaire d'etat pour elargir les prifon.- niers [ >41 ] fliers fur lefquels il n'y auroit micun fait : a 7i[y a nul doute de croire qu'il n*en fera rieriy et quit n' en fera fortir aucun. La raifon en eft tcuie Jimple : puifque la cupidiie s' en cji rnelee jufqud prefenty il s’y fciitiendra dedans tant qu'il pourray pour faire le contraire d ce qui eft du au droit des genSy afin de s'y foujlraire. 11 paroit qu'il eft approuve : du incinSy il le dit : ce qui eft en ‘verite revolt ant pour les gens de hicity honteux et defteonorant pour le Gouvernemcnty de fouftrir I’lnjuJltce et la criiaiite qui fe fait id, Il faut abjolument qu'cn ait jurpris la religion des noiiveaiix Je^- cretaires d'etat ^ puifqu'ils fuiventy pour ce qui concerne et regarde cette provinccy le insnie Jyfteme que leurs predeccfjeurs pour fa dejlruc^ tkn entiere. Car ils tombent dans les mhnes pieges, Je fids mortifie que Monfieur Lidiis ne foit point venu. Car tl ny a tiul doute d croire que fa juftice auroit del fore les prifon- nierSy et mis tout le civil en tranqutllite 'y la majeure partie detenue par fufpi cions mal-fon- deeSy ou par des idees arbitraires et ideales et defpotiqueSy fomentees ouy dis-je, enjantees par la jalouficy pour ravir et rumer la fante et la fortune de ceux qiion halt d'une invin» cible inimitie, L'on n' ignore pas que Von a fait tout ce que Von a pu, par oVy argent y et menace^y pour t "42 ] pour tdcher d' avoir de maiivais te?noignages contre les Priforaiiers ; partictdicrement contre VGUs : ce qiii efi un exemple des plus jrappants aux ycux de touts Ics individiis de cette pro- vince, /jiiffi ne vous deconportez. pas ; prejiez courage et beaucoup de patience. O eft d quoi je vous exhorte : car ils ne dejnandent pas micux que votre perte. Jl faut ejperer que quelque bonne ame de Lond. es fera reluire le Jiaraheau^ qui r^jlechira fes rayons de clarte fur les perjon7ies en place^ paur refaurer les principes de jiifice et d' humanitiy qui reflent dans le neant id. Dieu veuille ramener les moments prhieux de ces heureux jours de fe- licite pour nous toutSy pauvres habitants de cette province, abandonnes d la fiireur de Virreligiony et de toute la corruption hu- main'e. It appears by this letter that the Governour’s party in Canada were generally underftood to have taken a great deal of pains to procure evidence of Ibme mifeonduft in Mr. Du Cal- vet, that might give a colour, at lead, to the feverity v/ith which they treated him. Mr. Du Calvet doubts not but that many inftances of this wicked diligence in feeking his ruin might be produced ; but one of them has come more diltindly within his knowledge than the others. This was the endeavours ufed by fome officers of the army to prevail upon iipon one Jofeph Du Fort, a young Canadian, that lived at Montreal, and had been engaged in trade there, to give fome information againil Mr. Dll Cal vet. This young man was the fon of a Joiner at Montreal, of good character, and much employed in his buhnefs. But the fon, being of a weakly coniHtution and inca- pable of much bodily labour, had not fol- lowed his father’s bufinefs, but ingaged in trade as a (hop-keeper at Montreal, having procured upon credit, a moderate (lock of goods from an EngliOi merchant of that town. In this undertaking he was not fuccefsful, and did not get money enough to pay the EnglKh merchant for his goods at the time appointed ; and, in confequence of this failure, the En- glilh merchant fued him for the money in the Court of Common-Pleas at Montreal, and ob- tained a Judgment agalnfl him. This was in the (pringof theryear lyuo.. The young man, finding that he was likely to be thrown into prifon by his creditor, ab- fconded from his houfe, and hid himfelf for tliree or four months in different places in the province, in order to avoid being arrefted. At lall, in the month of Auguft, 17B0, finding that he could not prevail on his creditor to lufpend the execution of the Judgment he had obtained againfi; him, he determined to leave the province, and take refuge in fome of the neighbouring provinces, lint in endeavour- [ M4 ] in^‘ to execute this refolution he was ftopped/ and made prifoneron the 15th of Auguft, by fomc of the foldiers in the out-flcirts of the province, upon a fufpicion that 'he might be carrying intelligence to the Americans in the revolted provinces from feme of their friends in Canada. The foldiers who had flopped him conducted him, hrft, to a place called Le Coteau des hetres, and then to ''Johns near the entrance of Lake Champlain. When he arrived at the latter place, he was examined, on the 29th of Auguft, 1780,* by three Englifh officers of the 29th regiment of foot. Captain Manfel, Captain Dixon, and Lieutenant Kracman. The laid gentleman, in particular, told him, “ that he mufl give an “ account of the reafons that had induced him “ to endeavour to leave the province, and “ afked him whether he had not been folici- ** ted by fome perfon to do fo.” The young man replied, “ that no one had folicited him to do fo ; but that the bad date of his pri- ‘‘ vate affairs was the true and only reafon for his wifliing to get out of the province, and not any defign that related in the fmaileft ‘‘ degree to the affairs of the Government, or ** the quarrel with the neighbouring provin- ces.” Lieutenant Kracman then affied him, whether Mr. Du Calvet had not given him fome letters to carry over to the Ame- “ ricans ?’' The young man faid, “ he had “ not^ I HS ] not, Jind that Mr. pu Calvet had not any knowledge of his intention to leave the “ province^” Phe officerSj however, conti- nued to entertain fome fufpicions of his inten- tions ; for they ftill kept him in confinement, and removed him on the fame day, Augufl the 2oth, to a place called La Pointe au fer^ near Ifle aux Neixt or Nut-Ifuind^ in Lake Champlain, and put him on board an armed vclTel belonging to his Majefty, called the Maria^ where he continued till the 2d of the following month of Odober. Two remarks feem naturally to afife front Lieutenant Kracman’s aforefaid examinatiorl of this young man ; namely, in the fird place, that the Ofiicers of Government either had, of pretended to havcj fome fufaicions of Mr, Du Calvet’s correfponding with the AmericanSj and were feeking for evidence to confirm it ; and, fecondly, that they thought the exami- nation of this young man did not afford them any fuch evidence. For, if he had faid any thing that could in the flighted degree have aifeded Mr. Du Calvet, it is next to certain that, in the difpofition they then were ijt le-^ fpedting him, they would have caufed him to' be arreded foon after this examination of young Du Forf^ which was on the 2Qth of Augud : whereas Mr. Du Calvet was not ar- reded till near fix weeks after, to wit, on the 27 th of September, 1 780. X But^ [ i4<5 ] But, though this young man had fald no- thing in his firft examination before Lieute- nant Krackman, that could affeo Aoqjly il fut amene d la pohite au jer d lord du bdtiment La Maria^ cu tl a rejie jufqu' au 2'^“® Ociobre fmvant, Le Major Carleton. (qui montoit alors pour Lexpediti07i du Fort GeorgCy) vint abord du dit bdtimenty ety interrcgeant le dit depofanty il lid demanda ‘‘ les raifons pour lefqueiles il etoit parti.” Il repondit (comme il avoit J'ait cy devanty) “ qudl n'etoit parti qiden raijon de jes “ ajffaires.” Et ie dit Major Carleton lin apprit la detention du dit Fierrc du Cahet, et qiCil avoit etc pendu d Monti eal avec Pellion et Hamel 'y et que Ics menus pri- ‘‘ fonniers a'coient depofe centre lui ; et de “ declarer tout ce qiCil fcavcit fur leur compte,” A quoi le depojant lid repondit y “ Cluey sdls etoient pendus, il n a^eoit rten d “ dire centre cuxF Four lors le Major Carleton lid dity “ Ils ne font point pendusy • ‘ mais ils font d la oeeille de Vetre : Hites ce que veus fcavez contre eux : il vaut ** mieux perdre fes amis que fe perdre foi- *c p 2 nne : et que^ s'il ne dddaroit pas la oceritey qiCil avoit ics erdres pour le pen^ dre,” Le depojant repondity ^'il n'avcit rien d dire centre Jes amisy rd contre Mcn- J fieur Du Cqlvct en ^ariiiulier.” he n.eme [ 15 ' 1 anfjii 2 ""* OBobre^ 1780 , Ic dit depo^ fant fut ram^ni au Fort St. ’Jean^ ou il arriva le Ven le mots de Novem/jre fuivant le Capitaiiie Le Maitre et le Major Carleton Vinterrogercnt fur le mhne fujety et lui direiit “ Slu'il Bolt crfminel de Leze- majejlf et de dire les raifons qui I'avoient oblige de panir de Montreal pour aller “ dans V Ameriqucd* A quoi il avoit repoti^ ally *' ^'il n'y aroit que fes propres affaires qui I'amenoient lad’ Us lui rnontrerent des pa piers plies cn * forme de kttreSy et lui dii'entyi “ S’il avoit connoifjdnce de cela,” 11 re pandit, “ ^e non.” Et ces Meffieiirs adjouterent, “ Flue c'etoit des let ires qui venoient de Monjteur Du Cahet, qu'il ** envoyoit dans f AraeriqueU On lui demanda, ** S'il reconnoijjoit L'ecriture et Jignature.’*_ A quoi il rlpondit, “ Ffge non A Declare en outre le dit dSpofant, qu ay ant quelque petite conncidar.ce de I' dcriture et jig- nature de Monjieur Eiei-re Du Caket, il n a ricn vu dans ce qu'on lui a montri, qui en apprcchs. Et c\ji tout ce qii a dit le de-^ pofant. Signf jjofeph Dujort^ Dour temoins, Jacques Picard,^ Loilis JuJfome, ( 152 ) It appeni’s from the foregoing deponttonry that, after Mr. Du Calvet had been arrefted by the verbal order of Brigadier General Mac Leane on the 27th of September,' 1780; and had been fent prifoner on board the Canceauxi lying at Quebcck, on the 29th of the fame inonth, by an order of General Haldimand, ligned only by his fecretary. Captain Ma- thews ; and his pocket book, with the pa- pers in it, had been taken from him by Cap- tain Laws ; and his houfe at Montreal had been fearchedj his bureaus broke open, and the papers in them feized and examined by Brigadier General Mac Leane himfelf and Ma- jor Dunbar, (Mr. Frafer’s brother in law’,) in the laft days of September; and his houfe, barns and ftables, at the river David had been fearched in the beginning of Odober, by Captain Le Maitre (General Haldimand’s Aide de Camp,) in company with Mr. Gray, the Sheriff of Montreal, to find the flofes of corn and cattle which he w’as reported by his enemies to have colleded there for the ufe of the Americans j — and nothing had been found in all thefe various fearches to give the lead colour to the fufpicions that had been enter- tained by the Government of Mr. Du Calvet’s correfponding with, or afif ing, the revolted Americans; — I fay, it appears from the fore- going depofi tion, that, after all thefe diligent, but inefiedual, endeavours to fnd out evi- dence aga.inft Mr. Du Calvet, Captain Le Maitre, t '53 ] » Maitre, General Haldimand's Aide de Camp; dnd Major Carleton, in the month of Novem- ber, 1780, ifill ufed their utmoll endeavours to procure fueh evidence fromthis young man, Jofeph Dufort, by lliewing him written pa- pers folded up in the lliape of letters, which they declared to have been written by Mr. Dii Calvct, and aflcing him whether he did not know the hand-writing of them ; and telling him at the fame time, in order to frighten Iiim, that he himfeif had been guilty of higli treaion. Such was the diligence with which Mr. Du Calvct’ s enemies purfued his ruin. But, as he was intirely innocent of the whole charge, having never had the fmallef corre- fpondence with the revolted Americans, thefe endeavours all proved vain j and General Hal- diuiand, on the 6th of December, 1780, ac- knowledged that he was convinced that all the fufpicions that had been entertained againft him had been groundlefs, and thereupon con- lented that hefhould be fet at liberty : though afterwards, from mere pride and tyranny, he revoked the order for liis enlaregeinent, and krpt him iji prifon, with all the circum- danccs ofhardihip and cruelty above- related, from December the 6th, 1780, to May the 2d, in refentment of the expoilula- tory letter wiiich he received ju if at that time from Mr. Du Calvet, and which has been already niemioned, and dated at full length, U for [ »54 1 for the reader’s confideration, in the forego- ing part of this narrative. While Mr. Du Calvet’s enemies were thus adive in depriving him of his liberty, and from the hardships they made him undergo in his imprifonment, feemed like wife to intend that his life fhould fall a facrifice to their refen t- ment, they feemed equally determined to bring about the ruin of his fortune. This will appear from the account which it will now be proper to give of a certain law- fuit which Mr. Du Calvet had in the Court of Common Pleas at Montreal, with a Mr. John Lees, a merchant of Quebeck, who had been the correfpondent of Mr. Francis Rybot, a merchant of London j which law-fuit Mr* Du Calvet brought, by way of appeal, before the Court of the Governour and Council, and would have brought, had he been permitted fo to do, before the King in his Privy Council in England. The occafion of this law-fuit was as foliov/s. In the year 1766, Mr. Francis Rybot, of London, agreed with Mr. Du Calvet, to pur- chafe goods for him in England, and fend them to Quebeck according to his oiders, and to charge them to Mr. Du Calvet at the fame prices at which he had bought them of the feveral [ >55 ] . feveral manufadlurers who had made them, and then to charge an additional fum of 5 per cent upon thofe prices, as a reward for his trouble and care. Mr. Rybot was likewife to do other mercantile buhnefs in England for Mr. Du Calvet, as his fador, upon terms agreed upon between them. This connedlon being eftablilhed between them, Mr. Du Calvet lent Mr. Rybot a par- cel of Canada-paper of three different kinds, called Billets d’ordonnance^ Lettres de change^ and RcconnoiJfanceSy to the amount of 138,620 French livres, i5fo}s, to be fold for his account, with a certain allowance to Mr. Rybot upon the price they fliould be fold for, as his commiffion. The price of the billets d'ordunnance at the publick market at this time, in the year 1766, was about 33 per cent, of their nominal value, and that of the Lettres de change was about 42 per cent, and that of the Reconnoijf'ances was above 60 per cent. Mr. Rybot had at this time a Mr. John Jenifon for his partner and agent, who red- ded in Canada, and tranfaded his bufinefs in that province. By the means of this gentle- man, (who fcrupled to co-operate with his partner, Mr. Rybot, in impofing upon Mr. pu Calvet,) the latter came td difeover that U 2 Mr. [ 15 ^ ] Mr. Rybot had charged him for certain quan- tities of fpirituous liquors which he had bought for him in England, and fent out to him to Qtjebeck, a greater price than he had paid for them, to wit, i8d. fterling pes gallon, inftead of lyd. ever and above the commilTion of ^ per cent, that had been agreed on; and had likewife allowed him for the Canada-paper which he had fold for him little moretban 20 percent, of its nominal va- lue, though the lead valuable of the three forts had been fold at market for more than 30 per cent, and the other two forts at more than 40 per cent, and 60 per cent. All this ap- pears clearly from Mr. Rybot’s account with Mr. Du Cal vet, and his letters to his aforefaid partner, Mr. Jenifon, which Mr. Du Calvet has now in his poflefion. Mr. Du Calvet, having made this difeovery of Mr. Rybot’s falfe charges in his account with him, refufed to allow it and to pay the balance demanded by Mr. Rybot, but was willing to pay the balance that might be dup to Ml. Rybot upon a fair account, if it fliould appear that any fuch balance was due to him, which Mr. Du Calvet did not believe to be the cafe. This cccafioned a difagreement between Mr. Rybot and Mr. Du Calvet, which continued from the year 1768, when Mr. Du Calvet difeovered this unfair pro- ceeding- I J57 ] ceeding of Mr. Rybot, to the year ^ 773 ? without any efiedlual meafures to explain the matter to their mutual fatisfadlion. But in Auguil 1773, Mr. Fargues and Mr. John J^ees, Junior, both merchants at Quebeck, and who had a power of attorney from Mr. Rybot to manage his concerns in Canada, agreed with Mr. Du Calvet to refer the exami;- nation of Mr. Ps.ybot’s account with him to four arbitrators. Accordingly thofe two gentlemen, who a^led for Mr. Rybot, chofe Mr. Thomas Dunn and Mr. Francis L’ Evel- que, both of Quebeck, (and who have been already mentioned in the preceeding part of this narrative,) for the arbitrators on the be- half of Mr. Rybot; and Mr. Du Calvet chofe Mr. John Du Mas, Saint Martin, of Mon- treal, and Mr. John Martehl, alfo of Mon- treal, for his arbitrators. And thefe gentle- men accepted the oihee, and began to exe- cute it by examining Mr. Rybot’s account, and enquiring into the truth of the feveral ar- ticles of it. The confequence was, that they faw plainly that feveral of the articles were unfair ones, and that, when they were pro- perly altered, the balance of the account would be in favour of Mr. Du Calvet ; though according to the demands of Mr. Rybot the balance was about three thoufand pounds, lierling, in Mr. Rybot’s favour. They did iiot, however, give any award upon the matter, becaufe, when Mr. John Lees faw how t 158 ] it was likely to turn out, he Vv^ithdrew his papers from the hands of the arbitrators and broke up the arbitration, and the arbitrators did not chufe to proceed in the bufinefs when one of the parties was no longer willing to confent to it. When Mr. Lees found that the examina^ tion of Rybot’s account by the four arbitra- tors was not likely to turn out to Mr. Rybot’s advantage, he changed his method of attack upon Mr. Du Calvet, and endeavoured to get a large fum of money from him upon another ground, which it will be proper in this place to explain. In theyears 1766 and 1767, Mr. Du Calvet had given to Mr. Rybot a number of bills of exchange and promiffory notes, amounting, all together, to the fusn of 6441/. ir. and iid, flerling, over and above the Canada-paper above-mentioned, which he had put into his hands to be fold for him. The bills of Ex- change, which were in their nature negotiable, amounted to about 2000/. fterling, of this fum. But the prpmilTory notes were made payable only to Mr. Rybot, and not to his order, not having been intended by Mr. Du Calvet to be negotiated or put out of Mr. Ry- bot’s hands. The form of them was as fol- lows, [ >59 1 'Au trente~un du mois de Decembre prochain Je promets payer d Mr. Francois Rybot d Londres^ Jix cents LivreSy Jierlings, vaUur resile en um JaBure de marchandifes quil a charges abord du commerce^ Capitaine Thomas ’^obnjoni d Loti- drest le %ieme^ Aprils J767. Bon pour bool. Jlerlings. Pierre Du Cahet. And Mr. Du Calvet’s intention in giving thefe bills and notes was, that Mr. Rybot Ihould fend him a flock of goods fit for the market of Canada, to the amount of . about 4000/. of them, and fhould return him the remainder of the notes when it fhould be convenient to him, ufing them in the mean- while for the fupport of his credit. But Mr. Rybot made a different ufe of thefe promifTory notes from that which Mr. Du Cal- vet had intended. For he put feven of them, amounting together to the fum of 2718/. lor. and bd. flerling, into the hands of Mefiieurs Chauvet and Turquendy merchants of London, in partnerfhip with each other. And thofe ^gentlemen fent out a power of attorney to the aforefaid Mr. John Lees at Quebeck, to fue Mr. Du Calvet for the faid ' fum of 2718/. I or. 6c/. flerling, as due to them upon the faid promifTory notes, which they lent over to Mr. Lees at the fame time. Mr. Lees accordingly in December, ^773, made [ ] r made oath before the above-mentioned Mr. Mabane, (then and nov/ one of the Judges of the Court of Common-Pleas at C^ebeck,) that Mr. Du Calvet was indebted to the faid Lewis Chauvet and Peter Turquend, mer- chants of London, in the faid fum of 2618/. I or. and ()cl. lierling, upon feven of the faid promiffory notes, drawn by the faid Peter Du Calvet in favour of Francis Rybot, of London, merchant, and by him affigned over to the faid Lewis Chauvet and Peter Turquend. And upon the ground of this oath of Mr. Lees, Mr. Du Calvet was arreded immedi- ately after at Montreal in the fame month of December, 1773. He immediately made a journey to Que- beck (though in the mod: fevere feafon of the year, and with great inconvenience,) and put in bail to anfwer the aeftion, which was a matter of the utmod furprife to him, as he had never had the lead: connetdion in trade with the faid Chauvet and Turquend, and had not meant that thofe promilibry notes ihould be negotiated, nOr imagined that they could be negotiated, becaufe they were madd payable to Mr. Rybot only, and not to laiin cr bis order. But this defedl had been at- tempted to be cured by fome of the gentle- men in v/hofe polfefhon thofe notes had been, jmd, hefuppofes, by Mr. Rybot. For, when thefe notes were produced in Canada by Mr. Lees^ [ i6' ] Lees, they were found to have the words, et a Vordrey’ infer ted in them between the lines. y Thisadloft continued In the court of Com- mon-Pleas at Montreal till April, 1775, when Mr. ' Lees, fearing that he fhould not be able to fucceed in it when the whole tranf- a'flion came to be clearly laid open, defired leave to withdraw it before a judgment was given in if, and was permitted to do fo upon an engagement to pay all the^ cods Mr. Dn Calvct had been put to in it ; which, how- ever, he has never done. Jn the year 1777 Mr. Lees brought another adion againft Mr. Du Calvet in the fame Court of Common-Pleas at Montreal for the fame fum of money, to wit, 2718/. lor. and 6 d. derling, grounded upon the fame promif- fory notes that were made the foundation of the former adion. But he now appeared as the attorney, or reprefen tative, of Mr. Rybot himfelf, to whom thofe notes had been given. Yet he produced no power of attorney from Mr. Rybot to authorize him to bring this adion ; nor any proof that Mr. Chauvet and Mr. Tur- (juend had aligned back to Mr. Rybot the notes which he had affigned to them. Nor would the Court of Common-Pleas infill; upon his doing either of thefe things, though both feemed neceffary to w'^arrant and liipport this X new [ i 62 ] new adion. However, upon Mr. Du Cal vet’s counfel infixing on his behalf, that the whole account of what was due from him to Mr. Rybot (if any thing was then due,) diould be gone into, the Court feemed to think this a rea- fonable propofal, and accordingly, on the 1 8th of March, 1778, made an order, with the con- fent of both parties, that the fettlement of this account fhould be referred to the arbitration of four perfons to be named by Mr. Lees and Mr. Du Calvet, and an umpire appointed by the court, to decide the differences of opinion that might arife between the arbitrators, when- ever they fhould be equally divided againll each other. Mr. Lees accordingly named Mr. William Kay and Mr. John Grant, both of Montreal, for the arbitrators on the be- half of Mr. Rybot, and Mr. Du Calvet named Mr. John Bernard and Mr. Peter Bonthillier, both iikewife of Montreal, as his arbitrators > and the Court appointed Mr. Jacob Jourdain to be the umpire. Thefe arbitrators accordingly made an award in February, 1779, but in a very irregular manner, and liable to many juft exceptions, w^hich were made to it on Mr. Du Calvet’s be- half. In truth the arbitrators ne^leded to inquire into the quantity and value of the goods which Mr. Rybot had fent out to Mr, Du Calvet, and the money he had received on Mr. Du Calvet’s account by the fale of his Canada- { 1^3 ] Canady-paper, and from other remittances which Mr. Du Cal vet had fince made him in bills of exchange and furs, or peltries, at fe- veral different times, and had conhdered only the promiffory notes above-mentioned ; and, upon the ground of thofe notes, two of them in conjundlion with Mr. Jourdain, the um- pire, made an award in Mr. Rybot’s favour, by which they fettled Mr. Du Calvet’s debt to him at the fum of 2122/. 6 s. ^d. Iberling. Great obje( 51 ions lay againR this award, which ought to have been coniidered as fatal to it. In the firft' place, it was figned by only two of the arbitrators, Mr. Grant and Mr. Bonthillier, in the abfence of Mr. Ber- nard, who was then in the country at a con- fiderable diftance from Montreal, and with- out the concurrence of Mr. Kay, the other arbitrator, though he was then at Montreal, and might have figned it. Secondly, it w'as ligned by Mr. Jordan, the umpire, though it did not appear that any differences of opinion had arifen amongft the arbitrators, which he had been called in to fettle. Thirdly, the av^ard had been altered after it was figned, and was then written out fair and figned again by the fame three perfons, Mr. John Grant and Mr. Peter Bonthillier and Mr. Jacob Jordan ; which laft figning was after the expiration of the time during which the arbitrators were authorized to make their award; and other very firong objections were made to it. But X 2 the [ >4 ] tlie Court of Common-Pleas over-ruled them all, and on the 5th of June, 1779, confirmed the award. Mr. Du Calvet, upon this, immediately appealed from this Judgment of the Court of Common-Pleas to the Court of Appeal, which con lifted of either the Governour or theLieute- nant-Governour,or the Chief Juftice, and Legi-? flative Council of the province ; but in v/hichit mud: be obferved, that Governour Haldimand had never thought proper toprefide in perfon at that time, at any appeal, but had left thefe judicial matters to be decided by the mem- bers of the Council, under the guidance or prefidency of Mr. Cramahe, the Lieutenant- Governour. The Council admitted his ap- peal ; and it came to a hearing before them on the 1 2th of October, 1779, Mr. Cramahe, the Lieutenant-Governour, being prefent and prefiding in the Council. The Council fiit again on the i6th of the fame montli of October, 1779, and then confirmed the Judgment of the Court of Com- mon-Pleas at Montreal, which had con- firmed the award of the arbitrators, by which Mr. Du Calvet had been declared to be debtor to Mr. Rybot of the fumof 2122/. 6 s. and 5^. fierling. Mr. Du Calvet then refolved to carry the matter to the Court of the laft refort, that of the King in his Privy Council in En- gland, and for that purpofe prefented a peti- tion r 165 ] tlpn to the Court of the Governour and Coun-r . cil of the province of Quebeck, on the 25th of Odtober, 1779, praying the Court to al- low an appeal, from the Judgement given by them on the 16th of thefime month, to the King in Council, and alfo that a commilfion to take the bail which it would be necedary for him to give that he would profecute his faid appeal and abide by the decifion of it, might be ilTued to fome perfon in Montreal, where Mr. Du Calvet redded; whereby Mr, Du Calvet would be fpared the neceffity of taking a journey of 180 miles, from P»/lontreal to Quebeck, at that bad feafbn of the year. But this lad: favour was refufed him, and the Court made an order on the ift of No- vember, 1779, that the Appeal diould be al- lowed upon his giving good and fufficient bail to profecute the appeal to effedl: before the King in Council, but that the recognizance iliOLild be entered into in the Court of Ap- peals, or Court of the Governour and Coun- cil, itfelf, (which was held at Qi^beck,) and not before a commifiioner at Montreal ; and that he and his fureties ihould attend at Quebeck, for the purpofe of giving fuch re- cognizance, on Monday, the 2 2d of the fapic month of November, 1779. In obedience to this order Mr. Du Calvet fet out from Montreal, with his two fureties', Mr. C >66 ] Mr. Jofeph Cazeneuve and Mr. Sigifmund Dubuit, (both of Montreal,) forQuebeckon the i6th of November, 1779, but did not arrive there till the 21 ft, having been obliged, by the bad condition of the roads, to travel liowly. This, however, was v*?i thin the' time allowed them, the 2 2d being the day that had been appointed by the order of the Court of Appeal for taking his recognizance. Accor- dingly, on the next day, the 22d of Novem- ber, 1779, Mr. Du Calvet and his two fare- ties v/ent to the Court of Appeals at i o o’clock in the morning, to enter into the recogni- zance and bonds that were required of them. But, when they came there, Mr. Cramahe, the Lieutenant-Governour, (though he had joined in the above-mentioned order of the Court, which had directed Mr. Du Calvet to conae to Quebeck, with his fureties, on this 22d of November, and in confequence of which they had made this journey from Mon- treal in that badfeafon for this very purpofe,) refufed to let them do the bufinefs they were ^:ome about, and adjourned the Court imme- diately to the 6th of the following month of December, with an appearance of impetuoftty and anger which feemed to furprize fome of the other members of the Council who hap-^ pened to be prefen t. After this fudden adjournment of the Court Mr. Cramahe went out of the room, and ftop^'ed [ «67 1 flopped on the outfide of it for a iliort time to ipeak with Monfieur de Lery and Mr. Finlay, two other members of the Council. But, upon feeing Mr. Du Calvet come out after him and endeavour to come up to him and fpeak to him, he broke off his converfation. with thofe two gentlemen abruptly, and w'ent away. Mr. Du Calvet was fo furprifed and lliocked at this behaviour of Mr. Cramahe, that, hap- pening in his way from the Council-room to his lodging, to meet with Mr. George Alfop, another member of the Legiflative Council, he could not help fpeaking to him of it. Mr.- Alfop (who on many occalioils has fhewn himfelf a lover of law and liberty,) made anfwer, “ That it did not much furprife him ; “ for that every thing that had been done of late in the Council had been fo new and flrange that he could not underdand it.’' And he added, “ That the members of the “ Council were extremely unwilling that any “ of the decilions given in the province Ihould “ be carried by appeal to England, and “ that they were determined to do all they could to prevent it.” About an hour after this breaking tip of the Council in this fudden manner, Mr. Du Calvet went to wait upon Mr. Cramahe at his houfe, and had a long converfation wkh [ ] him upon the fiibject, in which Mr. Cramahe plainly told him, “ that he was againU: his ** making this appeal to the King in Council, ** and that he was refolved not to receive the fureties he offered to the court in order to “ make it.” Upon which Mr. Du Calvet, finding Mr. Cramah^ and others of the Council, fo averfe to his making tliis appeal from their judgement, thought it neceffary to have recourfe to the Governour himfelf, though he knew that his Excellency did not ufually chufe to meddle in this judicial bud- nefs of the Council. But in the prefent cafe he hoped he would interfere, in order to pro- cure him an allowance of what was fo plainly his right, the liberty of appealing for juftice to his Sovereign in Council, agreeably to the directions of the ordinance that had elfablifhed the fcveral Courts of Jufiice in the province, and the conditions upon which appeals might be made from them. And for this purpofe he prefented a petition to General Haldimand, conceived, as he thought, in terms futiiciently refpeCtful, and W'hich had been previoufly perufed and approved by Mr. Jenkins Wil- Jiams, who was at that time the Regifier of the Court of Appeals or Legiflative Council, and had been on former occafions employed by Mr. Du Calvet as his I.awyer and Advocate,' and who therefore might be fuppofed to be a good Judge of the fiyle in which fuch a peti- tion oiight to be drawn. But, that the readers of I >69 ] of this narrative may judge for themfelves of the ftyle and manner of expreflion ufed in this petition, and determine how far it de- ferved the harfli anfwer General Haldimand gave it, it thall be here inferted word for word. It was as follows. A [on Excellence MeJJire Frederic Haldhnand, Ecuyery Gou^erneur en Chef de la province de Canadcy Genh'al des forcci de fa Majefi Britanniquey &c, Requete de Pierre Du Cahet. Le fuppliant a r hcnneur de reprefenter d votre Excellence fes jufes plaintes. Son entiere confiarice en votre eqidte renhardit j et il ofe efperer quey vu la legiti?mte de fa demande, il plaira d votre Ex* cellence faire droit* ' Le Suppliant ay ant inter] ette appel d'unjuge- ment dans une caufe entre lui fuppliant et Fran* cois Ryhot de Londres pardevant fa ires gracieufe JSdajefle et fon Co?ifeil prive par une requete pri- fentee le 2^ d'OSlobre dernier dlaCour d' Appel de cette province, il forth un ordre de la ditte Cour d Appel le premier de ce mois, par lequel il fit ordo7me que lui, fuppliant y prefenteroit les cau^ tionsy dontil entendoit fe fervir, le 22 du prejent niois. X [ lyo ] ^en conformite a cet ordonne de la ditte cout\ il feroit tranfporte en cette 'vilkf avec les cautions y dgros frais et peine y vu la difficult e des ckemins, ^e fon exadlitude d re?7tplir ce d quoi la ditie Cour d' Appel I'avoit JoumiSy lui devient onereufey puifquey fans aucune formaliti pre-alabky cette cour a etc ajournee au 6 du prochain mois, ^un retardement aufi conjiderable eji pour luiy fupplianty une cattfe dommageable par lep dJpenfes inormes que lui et fes cautions font obliges de faire j lefquclles deviendront plus fortes, vib que la faifon ef tres avancee, et quil ef probable quau fix du prochain jnois les chemins et les rivie- res ferojit imprdticables i en outre par les affaires de chacun deux, qui dcmandent leur prejence d Montreal, Plus, le fuppliant a rhonneur de reprefenter di vbtre excellence, que, fetant aujji rendu appel- la~nt d'un jugement de la Cour de Playdoyers cotnmuns de Mont r hi dans une caufe entre luiy fuppliant y et Brook IP 'itfon et Raff high de Lon- dresy il auroit prifente, pour cautions du dii appel, le doBeur Cazeneuve et Sigijmond Dubuiti de Montreal, lef quels Q?it ete regus le f QBobre dernier, et ont prete ferment, ^e fept jours apre's, en Vabfence de lui, fup- pliant, les fuges de Montreal, nonobfant 1' ac- ceptation [ 17 ' ] ceptation precedente des cautions, les diclarerent non-recevables. 'Pour inettre Ji?t d faftt de tracajjeries, et dor re loiite voye d inauvaije chicane, le fuppliant avoit ofl'ert au Sieur Sanguinet, avocat des dits Wat- Jon et PeJJdeigh, de remettre entre fes mains, on mitres qiitl jugeroit d propos, pour double valeur en effets, fuivant hejiimaiicn d' experts. Son offre fut rejettee, et le fuppliant remit mix dits Sietirs Cazeneiive et Du Buit pour la valeur dii double, et me me au-deld, de la fomme que qiii qiie ce foit pourroit repeter centre liii, fuppliant. De fuppliant pre-voit que toutes les difficultes, qui naijfent d chaqiie injlant, ne tendent qu d le priver du feul moyen qui ltd refte fuivant la loi, la fiifiice, ei PEquite, qui eft la voye d'cppel. Pcurquoi, et fur les reprefentations cy-deffus, le fuppliant efpere, fonde fur T Equite de votre Ex- cellence, quil lui plaira inter-pofer Jon autorite et ordonner que les cautions cy-deffus denommees, prefentees par lui, fuppliant, pour caufe d'appel entre lui et Rybot et Watfon et Rajhleigh, de Dondres, Jeront recues fans autre delai, ou or- donner que lui, juppliant, depojera entre les mains de telle on telles perfonnes quil plaira d votre Ex- cellence de nommer d cet eff'et, une quantite d'effets equivalent e, on pour double la fomme portee paries dits jugements ; en conjequence or- donner, quit fera JurJis d P execution du juge- Y 2 rnent [ '72 ] mmt de V honor able Cour des playdoyers comfnuns de Montreal. Des propojitions aujji claires ?2epeuvent laijfer d votre Excellence aucun doiiie de la jujlice des prctenjions du fupplicmt, Aujji efpere-t'il qiiil iui plaira fe jervir de fon autorite y ajin que jujlice lui foit rendue : Et votre fuppliant ne cefjera de prier pour la profpirite de nsotre Excellence. Pierre Du Cahet, A ^ebecy pjc 24 Nov. lyyg^ This petition was prefented to General Haldimand on the 24th of November, 1779 : and about the fame time Mr. Du Calvet waited upon his Excellency no lefs than live different times, in hopes of an anfwer to it. The General received him civilly, and con- felled to him that he thought his cafe a very hard one, and that he wondered much that the Council, or Court of Appeals, after ha- ving on the iff of that month (November, 1779) appointed the 2 2d as the day on which they would admit Mr. Du Calvet to give the good and fufficient fecurity to profecute his Appeal before the King in Council with effe78 1 When Mr. Du Calvet found himfelf thui precluded, by this refplution of the Legifla- tive Council of the province^ from this right of appealing from their decidon to his Ma- jefty in Council, he fubmitted to bis fate, and accepted of a propofal made him by Mr, Lees, the agent, or reprefentative, of Mr. Rybot in this adlion, to pay the money in queftion, to wit, 2122/. 6r. and 5^/. fterling, in two equal portions, in the eourfe of the months of September, in the two following years 1780 and 1781, that is, 1061/. 3 j. and 2 ,\d, in the eourfe of September, 1 780, and lo6i/. 3^. and 2.\d. in t;he eourfe of Septem- ber, 1781 ; but without any interefl: upon the faid fums, and without any coils of fuk. And Mr. Du Calvet further confented, that, if Mr. Lees could find an opportunity of felling the goods, or merchandizes, then in Mr. Du Calvet’s ware-houfes, for a profit not more than 10 per cent, lefs than the cuiloinary profit made in the province by the falc of the fame forts of goods, he fiiould be at liberty to fell the faid merchandizes as foon as he. pleafed, and thereby pay himfelf the faid llini of 2122/. 6 and or a part thereof, be- fore the faid terms of payment then agreed upon. And in cafe Mr. Du Calvet failed in performing the conditions of this agreement, Mr. Lees was to be at liberty to take out the e;cecution upon the judgment that had been given r '79 ] ^ven ag-iinft him, and Mr. Du Calvet relin- quiflied his right of appsaling from it. This agreement was reduced to writing in the French language, and figned by Mr. John Lees and Mr. Du Calvet, in the prefcnceof the Legiflative Council. Mr. Lees at the fame time agreed, in the prefence of the faid Coun- cil, to deliver up to Mr. Du Calvet, in the courfe of a few days, all the bills of exchange and promifTory notes which Mr. DuCalvethad formerly drawn in favour of Mr. Rybot, and which were the foundation of this demand of Mr. Rybot, and of the judgmentof theCourtof Common-Pleas at Montreal, which had been confirmed by the Council, or Court of Ap- peals, at Quebeck, and from which Mr. Du Calvet had wifiied to appeal to the King in Council. But this engagement of Mr. Lees w’as not inferted in the written agreement above-mentioned, becaule the members of the Council thought it a thing of courfe, and too plain to need being fpecifically engaged for in that agreement, and therefore periuaded Mr. Du Calvet to fign the agreement without it, though he had defired to have a claufe added to the agreement for the fake of removing all doubt about it. Mr. Du Calvet has fince had reafon to be forry that fuch a claufe was not inferted in the faid agreement as it had been in the award that had been made again ft him by the arbitrators at Montreal, and which Z 2 had t ‘8o ] had b'^en confirmed by the Court of Com-^ jncn-Pleas diere, and afterwards by theCoun-^ cil of tb>* province, or Court of Appeals, the clauie of which award was in the words following. “ Nous p7’onongons et ordcrnnonsy le dit yean hees deli^crera au dit Pierre Du Cahset^ Ecuyery touces et chacu^e des Lettres de Change y ProricffeSy on autre s SureteSy qutl peut avoir en pcfp’lJiony donnees cn accordces par le dit Pierre Du Cahet audit Franqois Pykoty ou a toute autre perfonne pour fon compte ; et de pluSy quil lui paffera obiigaliony cor.jointement avec quatre bon- nes et fufjifanies cautions y qui dtvront etre ap- prouvees par la ditte Cour des Playdoyers Com- nmnsy pour la Jomme penale de quatre milk livres, de garantir de tout trouble et indemnifer le dit Pierre Du Cahet de et contre toute reclamationy demandcy on compte quelconqucy du au dit Fran- cois Rybofy pcury on en vertu dey aucun billet y promejjey on furetCy qui pourrcicnt nkre pas enlre les mains du dit yean LccSy on qui pour- roicnt etre rcJI^eSy on ccarteeSy on tranfporiees d ancune autre perjonne quelconque ; de faqon d ga- rantir plemement et indemnifer le dit Pierre Du Calvety et Jes heritiers, jufqii d ce qiie le fratut .de prefcription les aura rendus nulsy tant en Eu- rope que dans cette province : et qu apres les dit- tes parties Je donneroint quittance generale reci- proquementy run d 1' autre, de toute pretention et demande quelconque. After [ .81 ] After this agreement of December the 6th,' 1779, Mr. Du Calvet refolved to comply with the terms of it in the moft pundual man-^ ner pofiible, notwithftanding the hardfhip he had undergone in having been forced to enter into it by the refufal of the Court of Appeals to allow his appeal to the King in Council, in the manner that has been mentioned. Accordingly, in the latter part of Septem- ber in the following year, 1780, when the hrft payment of 1061/. 35. and 2\d was to be made to Mr. Rybot, or to Mr. Lees, on Mr, Rybot’s account, Mr. Du Calvet (being then at Qi^beck on account of his other law- fuit with Watfon and Ralhleigh, which he removed by appeal from the provincial Courts of Juftice before his Majefty in Council) went to Mr. Lees at his houfe at Quebeck, and told him, “ That, he was ready to make him the hrft payment of the money due to Mr. ** Rybot in confequence of the agreement of the 6th of December, 1779, if he, Mr. “ Lees, would, (as he had promifed to do,) deliver up to him the bills of exchange “ and promiflbry notes which he had for- “ merly drawn in Mr. Rybot’s favour.” Mr, Lees made anfwer, ‘‘ that the time for ma- “ king this payment was not yet come, it being only the 26th of September, and the ** agreement having allowed the whole month “ of September for making this firft pay- L‘ ment.” Mr. Du Calvet replied, “ That “ he r 182 ] ** he was not defirous of delaying the pay- ment for thofe few days of the month that ** were yet to come 5 but had rather pay the money, or give a bill of exchange for the ‘‘ money, immediately, if Mr. Lees would deliver him up the notes.” To this Mr. Lees faid, “ That he had not got all the notes “ by him, but that fome of them were in the hands of his lawyer ; and that he was “ juft at that time too bufy to look out thofe “ he had by him : but that, if Mr. Du Cal- “ vet would put the bill of exchange he was “ to give him by way of payment of this firft “ fumof 1061/. 3J, and 24^. into the hands “ of his (Mr. Du Calvet’s) lawyer, he would, “ in the mean time, get the bills and notes together, and deliver them up to Mr. Du “ Calvet’s lawyer at the fame time as he fhould receive from the faid lawyer the new “ bill of Exchange for ic6i/. 3^. and 2^^. “ wLich Mr. Du Calvet was to draw by way “ of payment of the faid fum.” Accordingly Mr. Du Calvet immediately wrote the follow- ing letter to Mr. Ruffell, his lawyer, at Que- beck, to authorize him to deliver the bill of exchange in quefticn, for 1061/, 35. and to Mr. Lees, upon the conditions, and in the manner, Mr. Lees had mentioned. ^ehec. t 183 I A ^ibeCy le 26 de Sept, 178a, Vous trouverez ci-joint^ compris dam le memolre Jhiirni a mejjieurs les arbitres entre k Sieur Ry>~ hot et mot, la lijle des billets que le dit Sieur de- voit me remettre, montant d 6441/. 4^. \od. Jier^ ling, et aujji la copie del' accord pa(fe en Cour d' Appel entre fon procureurfonde, le Sieur ‘Jean Lees, junior, et moi, par lequel vous verrez qiiil ny ejl Jait aucutte raention de la remife des dits billets et traiites. Il faut vous faire part que Von ne comprit pas la remife de ces pieces dans la convention, parce que le Sieur Lees s engage a en pri fence de Mejjieurs yfean Collins et Frangois L'Eve/que et Cugnet, Jils, de me les remettre dans peu de jours, ye les lui ai fouvent demandees, fans quil ait renrpli fa promefje. Ft, cc?nme je veux remplir mes conditions, je vous reittets, cy~inclus, une traitte de ce jour d trente jour s de vue, de Monfeur yaques Curchod fur Mejjieurs Fermin, Dajiel, et cornpagnie, pour la fotnnie de iqGiL 3J. and 2\d. (lerling, tiree d mon ordre et par moi endofjee en blanc, que je vous prie de donner au dit Sieur ' Lees apres quil vous aura remis les billets et trait- tes cy-dejj'us mentionnes, montant d la fomme de 6441/. 4^. lod.cttion aut rente nt. Ainf dans le cas que le Steur Lees rejujdt de vous remettre la totaliti r J 84 j foialite des dits billets et tr cities^ vous ne hi dori-i nerez point la LettrS de Change fur Londres. Et dans le cas que le Sieur Lees voulut fe prevaloir de ce que cette claufe nef point comprife dans la con^ vention regifiree d la Cour d' Appel, vous aurez la bonte de vous oppofer d ce quaucune exkutior. ne foit Idchee hors de la Cour d' Appel contre moi ; et ap- pellerez Mejjieurs Collins, UEvefque, et Cugnet d temoin, comme quoi il setoit oblige devant eux de me faire la remife des dittes pieces fous peu de jours, Et, au be join, vous pourrez e?tfiler lapre- fente en cour, pour empecher toute furprije de procedure, J'ai Vhonneur d'etre, ( 5 c, Pierre Eu Calve In purfuance of this letter from Mr. Du Cdvet, Mr. Ruffell went, on the 28th of Sep- tember, 1780, to Mr. Lees, to acquaint him that he was ready to deliver him Mr. Du Cal- vet’s bill of exchange upon London for the aforefaid fum of 1061/. 3^. and 2{d. upon his , delivering up the other bills of exchange and promilTory notes of Mr. Du Calvet in favour of Mr. Rybot, which had been the fubjett of the adlion between them. Mr. Lees acknow- ledged that he had a great number of bills and notes that were to be given up to Mr. Du Calvet; but ftill he declined giving them up- to t 1^5 ] , to Mr. RuiTellj becaufe he did not produce ^ power of attorney from Mr. Du Calvet to authorize him to receive theui. And Mr. R-uffell, in confequence of this refufal on the part of Mr. Lees, refufed, on his fide, to de- liver him Mr. Du Calvet’s new bill of ex- change on London for io6i/. 3^. and 'i\d. agreeably to Mr. Du Calvet’s diredion to him in the letter above-recited. In the mean while Mr. Du Calvet was ar- refied by Captain Laws on the 27th of Sep- tember, jySo, and brought up, a prifoner, to Quebeck, and carried in the fame capa- city on board the Canceaux on the 29th of the fame month. In a few days after his being fo arrefied and confined, Mr. Lees obtained Governour Hal- dimand’s leave to go to him, on board the CanceaiiXy to endeavour to prevail on him to give his lawyer, Mr. Rulfell, directions to deliver him the faid bill of exchange on London for 1061/. 3;. 2 \d. Mr, Du Calvet infilled at firft, (as he had done before) that Mr. Lees Ihould at the fame time deliver up to himfelf, or Mr. RulfeJl, his lawyer, all the bills of exchange and promifibry notes, in favour of Mr. Rybot, above-mentioned; but upon Mr. Lees’ afifu- ring him that they were not all in his pofiTefiion, and that he would deliver up to Mr. Rulfellall thofe that were fo, and would take care that A a all [ i86 ] all the reft ftiould be likewife delivered up be-* fore the fecond payment of io 6 r 7 , 3;. and i\d. fterling, which was to be made in Septem- ber, 1781, he wrote another letter to Mr. Ruftell to authorize him to deliver the faicf bill of exchange for io6i/. 35. and ^\d. to Mr. Lees, upon his delivering up thofe bills and notes, which he acknowledged to be in his poft'eflion, and which amounted to about 4000/. fterling, of the whole fum of 6441/.. 4^. and lod. to which they amounted all to- gether. And this was accordingly done. Mr. Lees delivered up to Mr. Ruftell Mr. Du Cal- vet’s hills and notes to the amount of about 4000/. fterling ; and Mr. Ruftell delivered tO’ Mr. Lees Mr. Du Calvet’s new bill of ex- change upon London for 1061/. 35. and 'i\d. Things remained in this condition till the following year 1781, when the fecond pay- ment of 1061/. 3J-. and 2.\d. was appointed to be made by Mr. Du Calvet, in thecourfeof the month of September. Mr. Du Calvet,. it muft be remembered, continued all this- while a prifoner in the convent of Recollet Monks at Cliuebeck ; and his commercial and- other pecuniary affairs were therefore of ne- ceftity in confufion. Neverthelefs he would have made this fecond payment at the time appointed, if Mr. Lees, the agent of Mr. Rybot, had complied with the condition of the agreement on his part, v/hich was to deli- ver t 187 ]■ ver up to him the remainder of the bills of ex- change and promilTory notes he had formerly made to Mr. Rybot. Thefe bills and notes had amounted all together to the fum of 6441/. 45. andic^. flerling j and Mr. Lees had de- livered up to Mr, Rufiell, (the lawyer em- ployed by Mr, Du Cal vet at Quebeck,) as many of them as amounted to about 4000/, Rerling, in the month of Odtober of the for- mer year, 1780, when Mr. Ruffell put into his hands Mr. Du Calvet’s new bill of ex- diange for 1061/. ji. and 2 \d. in favour of Mr. Rybot, There remained therefore a further quan- tity of thofe other bills of exchange and pro- miflbry notes of Mr, Du Calvet, to the amount of about 2441/. which were to be delivered up to him in September, 1781, upon his making the fecond and lad: payment of J061/. 3.<-, and 2^. in purfuance of the agreement of December the 6ih, 1779. But thefe bills and notes Mr. Lees had not pro- cured fro n Mr. Rybot, notwithdanding al- mod two years had elapfed from the time of the faid agreement. And therefore, when he applied to Mr. Du Calvet in his confinement at the Recollet convent in the beginning of the month of Odober, 1781, for this fecond payment, Mr. Du Calvet refufed to make it, till thefe bills and notes were delivered up. And, led Mr, Lees fliould take advantage of A a 3 this ( i88 ) this rcfufal to fue out execution in the Court of Appeals, or Council of the province, againft hiij* for this remaining fum of io6i/. 35, and heriing, Mr. Du Calvet direded Mr. Rulfell, his Lawyer, to prefent a petition to theCour% ‘*in which all the preceeding fleps “ in the courlc of the adion were recapitu- lated, and particularly the agreement made between the parties on the 6th of Decem- “ her, i77'9» and the verbal promife made ** by Mr. Lees at the time of the faid agree- “ rnent, in the hearing of Mr. L’Evefque, ‘‘ Mr Collin-s, and Mr. Cugnet, that he “ would deliver up to Air. Du Calvet his old “ bills of exchange and promifibry notes to “ Ati. Rybot, in the fpace of a few days ; ‘‘ and, laftly, hating the refufal of Mr. Lees to fulfil tins promife with refped to fo many of thefe bills and notes as amounted to about 2.|4 i/. and that this refufal was the ground of Air. Du Calvet’s declining “ the payment of the remaining fum of 1061/, 3J. and which was to have been paid, “ according lO the fnid agreement, in the coLirfe of September, 1781, and decla- “ ring that he, or his friends, w'ere ready “ and v/ilHng to make this latter payment as foon as Mr. Lees would deliver up to him “ the laid bills and notes according to his promife : and, therci.pcn, praying, that “ the Court would not pc»-m:t Mr, Lees to ‘‘ take out e.^ecution againif him for the faid [ i 89 ] fald remaining fum io6i/. 3^. and 2 \J, “ fterling, till Mr. Lees fhould firft have “ delivered up to him the faid remaining bills “ and notes to the amount of about 2441/. “ and Mr. Da Calvet Ihould, neverthelefs, “ have refined to make him the faid fecond “ payment of 1061/. 3;. and 2 \d, according to the aforefaid agreement.” This petition w'as prefented to the Court of’ Appeals, or Council of the jarovince, in the beginning, or middle, of the month of Ocflobcr, 17b' f, while Mr. Cramnhe, the Lieutenant-Governour, (who left the pro- vince on his return to England in the latter part ol' the fame month of October, 1781,) continued to prelide in it. And the truth and reafonablenefs of wdiat was alledged in it feemed (as Mr. Du Calvet has been infor-i med) to make a conhderablc impreffion on the minds of many 'of the Counfellors. And Mr. Cramahe, in particular, expreffed his furprize at hearing that Mr. Lees had not yet delivered up thofe old bills and notes, in a very ftrong manner. “What! f\id he, are “ not thofe bills and notes delivered up yet? Well; from this moment I v/ill have no “ hand in any proceeding in this bufinefs “ againft Mr. Du 'Calvet. A^nd 1 am glad “ that my voyage to England will prevent “ my being folicited to meddle any further Accor- [ '9° ] Accordingly nothing was done by the Court againft Mr. Du Calvet while Mr. Cramahe continued in the province. But on the 25th of the faid month of Odcber, lyBr, both Mr. Cramahe and Mr. Lees quitted the pro- vince, and fet fail for England, where they afterwards arrived. And Mr. Lees left the management of his affairs in Canada to a Mr. Davifon, who was his partner. This Mr. Davifon was a very particular friend of Mr, Mabane, the Judge of the Common-Pleas at Q^ebeck ; fo much fo, that he lodged at Mr. Mabane’s houfe, inhead of living with his partner, Mr. Lees. And by his behaviour to Mr. Du Calvet a few months after the de- parture of Mr. Lees from the province, it ihouldfeem that he had imbibed fomeof Mr. Mabane’s rancour againil Mr. Du Calvet, or, atleah, he became the inhrument of gratifying it. For, notwithftanding the aforefaid peti- tion of Mr. Du Calvet to the Court of Ap- peals, (which feemed, at the time of prefent- ing it, to have made fuch an imprefilon in his favour,) Mr. Davifon, in the beginning of the following month of January, 1782, made an application to the Court, as Mr. Rybot’s agent, or reprefentative, to grant him an ex- ecution againft Pvlr. Du Calvet’s goods and lands for the fum of 1061/. 35. and 2|^. her- ling, which yet remained to be paid by Mr. Du Calvet. Upon this application, the Court made an order that Mr. Du Calvet flaould [ > 9 : ] flioiild be fummoned to attend the Court on Tuefday the 8th of January, 1782, and fhevv caufe why execution rtiould not be granted againfthiin for the fum of io6i/. 3^. and z^d. fierhng, which he ought to have paid in the preceeding month of September, 1781, This order was ferved upon Mr. Du Calvet in his confinement in the convent of Recoilet Monks on Thurfday, the 3d of January, 1782, by Mr. Prentics, the Provoft-Martial of the army, by whom Mr. Du Calvet had been conduced in December, 1 780, from the military prifon at Quebeck, to the faid con- vent of Recollets, and under whofe care and fuper-intendance all the perfons that were confined by military authority in any place within the town of Quebeck, as well ad in the military prifon* of which he w'as the keeper, were placed by the Governour. And on the Sunday foliow’ing, the 6th of January, 1 782, he was ferved by the fame perfon with a fecond order of the like purport, directing him to appear in Court for the. purpofe aforefaid on the very next day, Monday, the 7th of January, inllead of Tuefday, tite 8th of Ja- nuary. The reafon of th is change of the day of his appearance, (which feems to have been a very firange and irregular proceeding,) Mr. Du Calvet is. 'not acejuainted with, Ilowevef, when [ 192 ] when he was thus informed that the Council required him to appear before them, he told Mr. Prenties that he would go thither, weak and ill as he was, and would endeavour to convince the Council of the injuRice of grant- ing Mr. Davifon the execution he delired* But he was greatly furprized when Mr. Pren- ties told him, “ that, notwithftanding thofe “ two furnmonfes, he could not permit him “ to go out of his place of imprifonment, “ having received no orders for that pur- “ pofe.” Pie thereupon wrote a note to his lawyer, Mr. Ruffell, to defire him to ap- pear for him before the Court of Appeals on the next day, Monday, the yth of January, 1782, and fhevv caufe for him againfe Mr. Davifon’s application ; which Mr. Ruffell ac- cordingly did ; but without fuccefs. For the Court, with General Haldimand at it’s head, granted the writ of execution which Mr. Davifon applied for, notwithftanding every thing that Mr. Ruffell could urge to the contrary. This did not, however, pafs unanimoufly : for Mr. LTvefque, (who has been fo often mentioned in this narrative,) declared, “that he thought it a very hard and unjuR “ proceeding, as Mr, Lees had not yet deli- “ vered up the old bills of exchange and pro- miffory notes to Mr. Du Calvet, accor- “ ding to bis promife, and therefore that he “ would [ '93 ] would not join in it;” and fome other members of the Council intimated a difap- probation of it, but did not venture to ex- prefs it plainly ; and even General Haldi- mand feerned at fird; to be ftaggered by fome of the reafons alledged in Mr. Du Calvet’s favour by Mr. Ruffell ; but, upon Mr. Ma- bane’s expreffing himfelf ftrongly for grant- ing Mr. Davifon’s requeft, and awarding the writ of execution, General Haldimand com- plied with his advice, and the red; of the Council joined with them, excepting only Mr. L’ Evefque, who, when he found that he could not prevent it, quitted his feat at the Council-table, that he might not have any concern in it. And here it will be propet to obferve, that this was the only inftance of General Haldi- mand’s fitting in the Legiflative Council, as a Court of Appeals, from the 25th of Odober, 1781, when Mr. Cramahe, the Lieutenant^ Governour, (who had been ufed to predde iu that Court,) quitted the province to go to En- gland, to the end of the month of June, 1782, when Captain Henry Hamilton, (who vvls appointed Lieutenant-Governour of the province in the room of Mr. Cramah^) arri- ved in it. In this interval of time there were feveraJl appeals from the Covuts of Copanion-Pleas at B b Qjjebeclt [ '94 ] Quebeck and Montreal, (befides tbe aforefalcl bufinefs of Mr. Du Calvet,) that continued in a ftate of fufpence, and were waiting for a de- cilion : but no Court of Appeals was held to decide them, on account of the abfence of the Lieutenant-Governour ; it being either or- dained by the Provincial ordinances (that cftablifhed the Courts of Juftiee in the pro- 'Vince,. after the complete and fudden over- turning of all the old }urifdi( 5 lions in it by the Quebeck adt in 1775,) or being, at lead, fuppofed to be the Conditution of the Legi-- ilative Council, when adlins: as a Court of Appeal, that it could not lit, without the pre- fence of either the Governour, or the Lieute- nant-Governour, or the Chief Jullice of the province, to pref.de over it.. The Chief [uftice of the province, Mr. Li vius, has been in England or Ireland (to the great mortif cation of the inhabitarTts of the province of Quebeck, who longed for his return, and for the protedlion which they hoped his pre- fence would have adbrded to their liberties) ever iince General Haldlmand’s appointment to the Government of tbe province. And, whilo Mr. Cramahe, the Lieutenant-Governour, continued in the province, that is, till Odo- ber the 25th, 1781, General Haldimand de- volved upon him this duty of prefiding over the Council of the province in their judicial charader of a Court of Appeals ; and after- wards. I 195 ] wards, upon the arrival of Captain Hamilton in the province, as fucceffor to Mr. Cramahe in the faid office of Lieutenant-Governour, (which happened in June, J7C2,) he in like manner devolved the fame duty upon him. And in the interval between the departure of Mr. Cramahe, and the arrival of Captain Hamilton, no Courts of Appeal were held at all, except in the fingle cafe above mentioned of Mr, Rybot’s acfhon againft Mr. Du Calvet, and for the purpofe of granting the above- mentioned Mr. Davifon, (the partner of Mr. Lees, and agent of Mr. Rybot,) a writ of execution to authorize hini to raife the faid fum of 1061/. ^s. and z^r/. fierling, by the feizureand fale of Mr. Du Cal vet’s goods and lands : though at the fame time there were many other appeals lodged in the Court, which were waiting for a decifion. The writ of execution accordingly iffued to Mr. Gray, the Sheriff of the diliridt of Mon- treal, in which Mr. Du Cal vet’s goods and v lands lay ; and it was figned by General Hal- dimand, as Prefident of the Court. But, as the ordinances of the province diredt, that no lands fhall be fold by writs of execution for the payment of debts till after the expiration of four months from the time of their being put up to fale by a publick advertifement, Mr. Du Calvet had time to apply to his friends to ^ifl him to raife the money and pay it to Mr. B b 2 Davifon, [ 196 ] Davlfon before fuch fale of his lands could take effedl. And here his good friend Mr. L’Evef- que came again to his afliftance, and, with the help of 500/. Hallifax currency, or 450/. fterling, which Mr. Du Chcfnay, the Seig- nior of Beauport near Quebeck, freely offered to lend Mr. Du Calvet on this occafion, and which Mr. Du Calvet accepted, paid Mr, Davifonthe whole fum of 1061/, 31. and i\d. that was awarded to him. This Mr. Du Chefnav is one of the mofl; refpeftable gentlemen in the province of Que- beck, both in point of fortune and charadler, being pofielfed, not only of the valuable feig- niory of Beauport, at the didance of four miles from Quebeck, but of other confider- able landed property in different parts of the province, and likewife of a confiderable perfonal edate. But he had no acquaintance at that time with Mr. Du Calvet. His offer, therefore, of adiding him on this occafion was the mere effedl: of his compadion for his lituation, and his indignation at the cruel and unmerited treatment he had met with. Fie law that his liberty had been long ago taken from him without any known, or probable, caufe, and that his health had been greatly imp*aired by the length and unnecedary hardfhip of his im- prilbnment ; and he now perceived that his enemies were likely to bring about the ruin of his fortune alfo, by caufing his effedls and lands [ '97 ] l^nds to be fold by Audtion, by vlrtoc of a ‘writ of execution, at a time when it was not likely they would go for half their value. ^ He offered, therefore, to affift in prote4 ] Aprh un mur examen^ la vljite exaBe de touts les departements de chaque bailment^ du fond au combk : Nous difonsy au mieux de nUre conmiffanccy et fuivanty chacuny nos lumieres: Premtdremejify le degat fait d la * magonnCy faute de reparation en faifon convenabky doit etre efime d la Jomme de quatre milky cinq centSy livreSy ou fljelins anciensy ejiimation Livres du cours d'd prefenty 4 500 tiecondementy Tour ce qui ef des charpenteSy platfcndsy foliveauXy et cou^ overtures en bardeaux-y le tout aBuelle^ ment ecrcule : la fourniture des cloux comprife : nous eft mom ce do jn mage d quatre milky fx cents livreSy cu JhelinSy 4600 Troifiememenfy enfiny pour ce qui con- cerne la menuifericy les ccu'vertures Jaites en planches et madriers em- boiifetesy les planchers, et autre s repa- r ations de menuijerie : Nous en evalu- C 7 IS le dommage d la femme de dix~huit ce?jtSy cifiq IhreSy ou JhelinSy — 1805 Dommage general 10905 Ce [ 1 Ce qiie nousy fous-jignesy certifions, en nOS ames et confctenceSy veritable^ foi de quoi nous avons donne ces pri-~ fentes four fervir et valoir ce que de raifo 7 ty et les avons fignees d Montreal les jour et an Jufaits, d V exception du dit Amable Per rot et du dit Pierre Rofa^ qui ont fait leiirs marques ordinaireSy declarant ne j c avoir fgner^ requiftion et ledfure Jaite. Antoine fa^tipTny La PalmCy Baptijie Cerate, Sa Pierre -j- Rofa, Marque. Sa Amable 4- Ferret, Marque. Rahnond Fabre, Pierre Marin. But, to return from thefe damages, arifiirg to Mr. Du Calvet’s property from his long imprifonment, to the imprifonment itfelf, Mr. Du Calvet, finding that all his applica- tions to General Haldimand for relief from ^is unhappy fituation, by either bringing him to a trial ; or permitting him to find fureties for his good behaviour, with bonds of his own to any amount ; or by taking all his goods t 2i6 ] Snd merchandizes, and even his landeci efbtes, into the poiTeffion of the crown, as a fecurity for his good behaviour, allow^ing him only a reafonable part of the yearly produce of them for his maintenance j or by permit- ting him to go England, where it would be out of his power to afhd: the revolted Ameri- cans ill any attempt againfl; the province of Quebeck, if he had been inclined to do fo j or even by fending him to England, as a prifoner, if his Excellency iliould fo think fit ; — I fay, finding all thefe propofals rejec- ted, and that there was no appearance of his being releafed from his imprifonment by the juftice, or humanity, of General Haldimand, Mr. Du Calvet refolved to apply for redrefs to his Majefly’s Miniders of State in England, by whom (from all that he had bear’d of the great regard paid to the prefervation of perfo- nal liberty in England both by the laws and the prad:ice in purfuanceof them,) he thought ft w^as almod impoflible that his complaints fhould not be attended to. For this purpofe he difpatched Mr. Lewis Juffome, a young man of Montreal, (whofe fider he had married,) to England in the month of Oflober, 1781, who arrived there in the December following, after being flaip- wrecked on the coaft, and efcaping with dif- ficulty to land with only four other perfons., eut of about fifty, that were on board the vcdcl I 2'7 i Veffel when it was loft. Mr. Juflbme went immediately to London, and waited on Lord George Germaine the Secretary of State for America, (now Lord Vifcount Sackville) to acquaint him with the treatment which Mr. Du Calvet had received from General Hal- dimand, and the endeavours that had been ufed by himfelf and his friends to obtain his liberty j to wit, by defiring that he might have a trial for any crime that they fup- pofed he might have been guilty of j or, in cafe that was not judged convenient, by offer- ing to become bound to his Majefty in any fum of money for his good and peaceable beha- viour j or by furrendering up into the hands of Government his whole property, realas well as perfonal, to anfwer for his conduft during the remainder of the war, if that fliould be judged neceffary ; or by any other expedient that Governour Haldimand fhould think fit, that might be the means of procuring him his liberty, and thereby of preferving his life, and enabling him to recover, in fome degree^ his broken ftate of health. Lord George Germaine, when he heard the ftory, expreffed his furprize and indigna- tion at it in the flrongeft manner, and faid that he would immediately write to General Haldimand upon the rubje(ft, and fend him an order either to fet Mr. Da Calvet at liberty, or bring him to his trial, as the law diredts, and that he would llkewife procure an order E e from [ 2*8 J from his Majefty to Mr. Livius, the Chief Juftice of the province of Qucbeck, (wha was then, and is dill, in England,) to fet out for Qiiebeck without furtiier delay in the fleet that was to fail for that province in the follow- ing fpring, 17&2. A few months after this Lord George Germaine quitted his ofhce of Secretary of State for America, and was facceeded in it by Mr. Wellbore Ellis, who gave Mr, Juflhme the very fame aflurances that had been given him by Lord George Germaine, and told him that Mr, Livius, the Chief Juftice of the province, had acftually received his Majefty’s orders to return to the province immediately, and that he would receive par- ticular diredlions to inquire into the aflfair of Mr. Du Calvet, and determine it according to law. And Mr. Juifome was aftured on the very fame day by Mr. Livius himfelf, that he was then preparing himfelf to return to Que- beck by the fleet that was foon to fail for that province. Upon thefe aflhrances Mr. Juflbme hoped, that his voyage to England on Mr. Du Calvet’s account would anfwer the end for which he had undertaken it, and that Mr. Du Calvet would be fet at liberty in the fpace of a few months, or in the beginning of the fummer 1782. And in this hope he returned immediately to [ 2!9 ] to Qi^beck, where he arrived the lad day of May, 1782. When Mr. Jufibme had quitted the province in the preceeding month of Odober, 1781, to go to England, he had done it openly and regularly, with a licence, or pafs-port, duly obtained at the office of the Secretary of the province, in confequence of having procured two perfons, in the province, to become his fureties, or bail, to anfwer any debts that he might owe in the province, according to the ordinances of the province made in that behalf. And this licence, or pafs-port, had been, or, at lead, ought to have been, regi- dered in the records of the Secretary’s office. There was not therefore any room for cenfure on his faid departure from the province. Yet it had given great difguft to General Haldi- mand, who did not care that any account ot his proceedings in the province fhould find its way to England. Of this difgufi: he gave a proof in a converfation he had with Mr. L’Evefque, (the member of the Legiilative Council,) on the evening of the 23d of Ja- nuary, 1782, in a publick company at his own houfe, the Caftle of Saint Lewis at Que- beck, in which converfation Mr. L’Evefque had made fome application to him in favour ^f Mr. Du Calvet. E e 3 The ( 220 ) The General exprelTed himfelf v^^ith great bitternefs in fpeaking of Mr. Du Cal vet with tefpefl to his Jaw-fuit above-mentioned with ^r. Rybot, and the WTit of execution thea juft iffued againft h’is goods and lands; and then added thefe words; ‘‘And he has fent “ his brother-in-law to England. What is ‘‘ he to do there ? His going there is an of- “ fence for which he deferved to be arrefted “ and put in prifon : and I could, if I had “ pleafed, have had him arrefted;” feeming, by thofe latter words, to be forry that he had not done fo. / Mr. L’ Evefque replied, “ That, no doubt, his Excellency might, if he had fo pleafed, have had Mr. Juflbme arrefted; — That “ nothing would have been eafier; and that he w'aS perfuaded that Mr. Juftome would, of his ow n accord, have furrendered him- felf, and gone into any prifon his Excel- lency ftiould have appointed for him, upon the leaft intimation of his Excellency’s “ pleafure to that erfed : but that it was “ alfo to be obferved that (as his Excellency “ had not thought fit to ftop him,) he had ‘‘ quitted the province in the moft publick and regular manner, with a licence or pafs- ^ port, from the office of the Secretary of th\^^ piovince, after giving the fecurities re- quired by the ordinance made on that fub- je(ft; and thatPvIr. Du Calvet had fent over by [ 221 ] by him the papers and documents relating “ to his law-fuit with Meffi^urs Watlbn and “ Raflaleigh, which was carried by appeal “ before the King in Council." Bat General Haldimand was not fatisfied with this account of the purpofe of Mr. Juf- fome’s voyage to England, but fuppofed, and with reafon, that one great objedl of it mud: be to lay before the King’s Minifters of State in England the treatment Mr. Du Calvet had received. And this difguft and refentment againft Juffomc for undertaking this voyage, continued till JulTome’s return into the pro- vince in the latter end of May, 1782. For, though it is never cuftomary, when a perfon who has quitted the province with a pafs-port, returns into it, to require him to produce the ^afs-port by the authority of which he had gone out of it, (the whole objedl of the law which makes a pafs-port neceffary to a depar- ture from the province, being then fulfilled, which is only to catife him to be amenable to the laws of the province by himfelf, or his fureties, fo far as to be liable to pay all the debts he may owe to other inhabitants of it,) yet, when Mr. JufTome returned into the province on the lad: day of May, 1782, after his voyage to England above-mentioned, and went on the 3d of June to the Cadle of Saint Lewis, the Governour’s place of refidence, to pay his rel'pecls to General Haldimand, and receive [ 222 ] receive any commands he might have for Montreal, the General refafed to fee, him, but fent out Monfieur Genevay (a Swifs gentleman, that is one of his Secretaries,) to him, with orders to require him to pro- duce the pafs-port, by the authority of which he had gone out of the province. Mr. Juf- fome (though he did not expedl to be alked to produce his pafs-port, which, as has been obferved, was not ufual,) yet was fortunate enough to have it about him in his letter-cafe, and immediately produced it to Mr. Genevay, who took it and carried it in to General Hal- dimand, and then came back and returned it to Mr. Juffome, and faid thefe words to him i ■’’Vous etes heureux d' avoir votre pajfe- “ port 'P' that is, “ You are very fortunate to “ have been able thus to produce your pafs- “ portj” intimating, (as Mr. Juffome un- derftood him) that, if he had not producecf his pafs-port, he would that inflant have been fent toprifon. It is probable that, as it was known thaf Mr. Jullome had been fhip-wrecked on the coaft of England in his palTage thither from Quebeck, General Haldimand might fuppofe that he had loft his papers on that melancholy occahon, and his pafs-port among the reft. And in truth that accident had happened for a time ; the port-manteau, in which his pa- pers were, having hdien into the fea. But it t 223 1 It was afterwards drawn up by a fiiherman irl his net from the bottom of the fea in (hallow water near the (hore, beyond his hopes or ex- pedations. And to this very lucky circum- ftance he owed his elcape from being impri- foned, upon the occafion above-mentioned on the 3d of June, 1782. In the following month of July, 1782, Mr^ Juffome prefented the following petition to General Haldimand in behalf of his unhappy relation Mr. Du Calvet, defiring for him, what had fo often been defired before, to wit, “ that he (hould be either brought to a trial, or fet at liberty, at leaft upon bail, or permitted to go to England,” and mentioned the alTurances of this kind he had received from his Majefty s miniders in England. Province de ^ebec. Requete de Louis yujfome d fon Lx-^ cellence le General Frederic UaL dimand^ Gouverneur en Chej' de cette provmce^ ^c. SuppUe humblement Louis JuJfome, il plaife a votre Excellence per met ire d hitf fupphant, de mettre fous fes ^iix la Jitu^ atmi [ 224 ] *'ation critique de Pierre Du Cahef^ Ecuyer^ un des notables citoyens de cette province. Lors de fa detention occajionnee par la ja^ Joujie de fes ennemisy et non par des caufcs aux quelles le dit Sieur Du Calvet auroit donne lieUy le prifonnier fit Us demarches quil crut necejfaires pour ohtenir de votre Excellence Jon elargijfement fous cautionnementy en lui donnant communication de la caufe pour laquelle il etoit conjiitue et detenu prifonnier, P'outes ces demarches etant infruShieufeSy le prifonnier fe dScida d faire partir luiy repre- fentanty pour LondreSy pour obtenir un juge^ ment en cette provinccy ou un elargijjhnent fous cautionnement. La reprefentanty a fon arrivee a LondreSy obtinf une audience de my Lord Georges Ger- maine j quiy fur le detail que fit le reprefentanU de la caife de fon voyagCy marqua une trh grande furprije du deni de jufiice. Sa Seigneurie dit alors qu'il ecriroit d votre Excellence d ce fujety et que ordre feroit immediatement donne d rixnorable fuge Livius pour partir dans la fiotte pour cette province. Monfieur Ellis remplaqa fa feigneurie en quality de Secretaire d'Etat. Le reprefentant cut plufieurs entretions avec fon honneur ; quiy aprcs shre injorme de toutes Us circonfiances \ [ 225 ] de I'emprlfonncment du Sieiir Du Cahet^ fit la meme reponfie qu avoit fait fa Seigneurie, Le 1 6 Mars fon honneur re-itera d lidy re-- prefentant, que le fuge Livius itoit ordonne de partir avec la f^otte, et quil feroit muni d'ordre pofitif pour connoitre de la detention du Sieur Du CaJvet. Le meme jour luiy repre- Jmtanty eut Vkonneur de ^ooir Monfieur Livius, qui lui dit pofitivement quil fe preparoit d partir par la floUe, Le '^eprefentant , fur ddffurances auffi peit equivoques, n hefifa pas de fe rendre en cette province, fie fiattant d'avoir rempli Vobjet de fia mifjion au defir de fon confiituant» Le xhangement de mlnifiere paroit avoir aliere les difpoftions anterieures, pidfque le fiuge Livius nejl point en cette province, et quil eji clair quil n'y viendra pas puifqii en outre il ne paroit pas que vbtre Excellence ait requ aucun avis au Jujet du Sieur Du Calvet» Il ne paroit pas non-plus que les adtueh Se- cretaires d'Etat foient injonnes de la detention du dit Sieur Du Calvet, It nefi pas douieux qiiils ne pouvoient point deviner ce qui ne leur a pas ete reprefiemte. Car il efi bien ajfiure que my Lord Shelburne ( de qui le dit Sieur Du Calvet a V honneur d'etre connu ) fi fa feigneurie avoit fqu le trifie etat ou il etoit detenu prifon- jfier, aurott certainement ecrit d fon Excellence [ 226 ] a fon Jujetf ou il auroit fait partir le dit ’pfuge Livius, Car la jujlice et Vhumanite de fa Seigneurie ef des plus cmnues, ainfi que celle de I’honorahle Monjieur Fox dans la clajfe des gens de bien et des perjonnes les phis refpec^ tables de Fetat* D 'un Ji long retar dement le prifomiier fctiffre en fa perfonne par le derangement total de fa Jante^ occajtonne par la perte de fa liberie et le chagrin de j^avoir fa f ami lie abandonnee 3 et dans fa for tune ^ fes biens kant en mines par fon ahfence : Ohjets, que le Reprefentant fupplie fon excellence de prendre en conf deration. La perte de la liberie interefje Vhumanite e7itiere \ celle des biens Requite. ly apres le detail cy-deffus le Reprefentant conclude tant en fon nom qiiau nom de Fierre Du Cahet, d ce quil plaije d vbtre Excellence ordonner., ^ne, pourque le prijonnier fufdit puijfe parvenir d Je jujlifiert la caife de fa detention lui foit cemmuniquee par la remife de copie du 'warrant de connnittement — ^en conlequence un jour (era fixcy au quel les chefs de V accufation et les accifateurs (f aucuns y af feront pro^- duits pardevant les honor able s Commifjaires faifant les fonSlions du fuge en Chef en fon ahfence y pour Ic proces etre mjiruit en conformity des Lois Anglicaness pans I 227 ] l)am le cas quil ne pint pas a vofre ExceP lehce accorder d luii reprefentant tant en fon no?n qiiau nom du dit Sieur Pierre Du Cahett les conclujions cy-dejjus 5 le reprifenianti tant en fon ?iom qiiau nom du dit Sieur Pierre Du CaP ^aety conclude d ce quil plaife d voire Excellence ordonner V ilargiffement du dit Sieur Du Calvet fous tel cautionnement que fon Excellence trouvera convenable pour le bien du Jer^ice de fa jejle, Et aujji dam le cas ou il ne plairoit d vStre Excellence accorder une ou auctine des conclujions prifcs cy~dejfus \ le Reprefentanty tant en fon nom quau nom du dit Sieur* Pierre Du Cahety conclude d ce qiiil plaife d votre Excellence accorder au dit Sieur* Du Calvet fous un cautionnement quelconque^ la liberte de partir pour V Angleterre dans tel bdtiment qu'il plaira d vbtre Excellence^ et meme en qualite de prifonniery Ji vbtre Excellence le juge d propos. Le Reprefentant ffpere, qu'il plaira d vbtre Excellence conjidirer fes tres humbles repre-^ fentations fous un point de vue favorable, Un alliby cher par fon alliance^ par fes moeurs, dev lent encore plus intereffajity quand il eji en proye d la malice de fes ennemis, Un etranger regarde dun oeil humide une aujji trijle ftuation-y — U 7 i citoyen d deux doigfs de fa perte j — une fortune brillantey dont d F f 2 peine X 228 ,J peine on apper^cit a prifent guelques debris^- ■> — une j a milk err ante, Le Reprefenfant ne pent done fenffrir ce JpeBacIe d'un ceil fec^ I'd rejier dans Vinadiion, 11 cjpi're gu’il plaira d votre Excellence, et fupplie qu'il lui plaife Gccoraer d lui, reprefentant, tine des conclu’^ Jions prijes dans Ja trh humble reprefcn~ tat ion. He votre Excellence Le trh humble^ et trh oheijjdnt fervifeitr. Signs, Lcilis ^iijfofnme, A ^ebec, le zy Quillet, i/Sa.’ . To thh petition General Haldimand re- turned no anfwer, though Mr. JulTome waited upon him feveral times to know his Excellency’s pleafure concerning it, and was as often told by his Secretaries (for he was not admitted to the General,) that no anfwer would be given to it. Yet Captain Hamilton, the new Lieutenant-Governour, and Major- General Clark, as well as Mr. Alfop (one of the members of the Legillative Council of the province,) and many other perfons of note in t 1 m the province, to whom Mr. Juflbtng fhewed an exaft copy of the faid petition, after he had prefented it to the Governour, all told him they thought it a mod reafonable peti- tion, and that it was hardly poffible for Ge^ neral Haldimand to refufe to adopt one of the three propofals made in it, of bringing Mr. Du Calvet to a trial, or fetting him at liberty upon bail, or fending him a prifoner to Eng- land. So that this Swifs General (whom his Majedy had appointed to the very important civil employment of ■* Governour of the pro- vince of Q^beck,) by rejecting thefe propo- fals, and continuing to keep Mr. Du Calvet in prifon in the province, carried his ideas of military authority ^ and Government by will and pleajure, indead of law, beyond even thofe other gentlemen of the fame profeflion, who were born fubjedts of the Britidi Crown. When Mr. Du Calvet faw that this very reafonable petition made no impreffion on Ge- neral Haldimand, and yet was generally ap- proved by every other perfon who had feen it, he refolved once more to have recourfe to his Majedy’s miniders of date in England, and, for that purpofe, to fend his brother-in-law, Mr. Julfome, again to England. * Quaere, Whether the appointment of a foreigner to this important civil office is not contrary to the following cl.;ule ( 230 J Mr. JulTome accordingly prepared to re* turn thither without delay : but General Hal- dimand. clause of the famous A£l of Settlement, I2 and 13 of Will. iii. cap. 2. by which the Crown of England was fettled on the Princefj Sophia, Ele< 3 refs and Dutchefs Dowager of Hanover, and the heirs of her body, being Prcteftants j to wit, “ That after the faid limitation [of the crownj fhall takeelfecSf, No perfon born out of the kingdoms of England, Scotland, and Ireland, or the “ dominions thereunto belonging, (although he be natu- “ ralized or made a denizen) except fuch as are born of “ Englifh parents, fhali be capable to be of the Privy Council, or a member of either houfe of Parliament, ** or to enjoy any office^ or place of trufl^ either civil or “ military^ or to have any grant of lands, tenements, or “ hereditaments from the crown, to himfelf, or to any “ other, or others, in truft for him.’* The Stat. 29 Geo ii. cap. 5. for enabling the King to raife a regiment conlifting of four battalions of one thoufand men each, to ferve in America, (which regiment yvas accordingly raifed, and called The Royal American Re^ giment) impowers his Majefty to give commilHons to fo* reign proteftants, to be officers in that regiment^ or to be engineers in America^ but not to be goveraours of provinces, or civil officeis of any kind. If it Ihould be faid, that the above claufe in the A6I of Settlement relates only to offices in England and Ire- land, though the words of the claufe are general, it may be obfeived, in anfwer to this remark, that, if that had- been underftood to be the cafe io the year 1756, when the above-mentioned ftatute of 29 Geo. ii. cap. 5. was pafled, there would have been no occafion to pafs that a< 5 f of parliament to enable the king to give foreign proteftants comniiffions to be officers in that regiment, (which was to ferve only in America) and to be engineers in America. t 231 .] dimand, hearing of his defign, determined to prevent it, and for that purpofe ordered the Secretary of the province to refufe him a li- cence, or pafs-port. He neverthelefs, by a miftake, or the forgetfulnefs, of a clerk of the fecretary’s office, (for vvhich the fecretary re- ceived a reprimand from General Haldimand,) did obtain one, and fet fail for England on the 29th of Augulf, 1782 j but, in his paf- fage, was taken prifoner by the French, and carried to Nantes in Britany, from whence he afterwards, in the fpring of the year, 1783, (when the preliminaries of peace had been hgned between France and Great-Britain, and the prifoners on both fides were relcafed,) came over to England, at the end of the month of April, and made a new application to his Majedy’s minilfers of date in favour of Mr. Dll Cal vet. Lord North being at that time Secretary of State for the home-department, to which the affairs of America belonged. But in the mean time a gleam of hope of re- covering his liberty more fpeedily induced Mr. Du Calvet to make an attempt for that purpofe of a different kind from any he had hitherto relied on, by applying himfelf to the Court of King’s Bench in the province for legal relief by virtue of the Englirti writ of Habeas Coj'fus, It E 232 ] It will here be natural to alk, why he did not take this method of attempting to reco^ ver his liberty in the beginning of his im- prifonment, inftead of waiting two years be- fore he had recourfe tp it ; or why, if it was likely to prove inelfedtual at the former period, he Ihould hope that it would prove fuccefsful at the latter. Thefe queftions it will be ne^- ceflary to anfwer; and the anfwers to them are as follows. In the beginning of Mr. Du Calvet’s im-^ prifonment many other perfons in the pro- vince beiides himfelf, (he believes not lefs than fifteen) were imprifoned in the fame manner by the Governour by arbitrary, or military, power. One of thefe was Mr. Charles Hay, of Quebeck, a perfon in trade. He had been arrefted about half a year before Mr. Du Calvet, that is, in the fpring of the year, 1780, and confined in the military pri- fon at C^ebeck, v/here Mr. Du Calvet was afterwards confined from November the 14th, 1780, to December the 13th, of the fame year. And the occafion of his confinement was faid to be fome fufpicion, or pretended fufpicion, of correfponding with the revolted Americans. This Mr. Hay applied in November, 1780, to the Court of King’s Bench in the province, then held before Mr. Adam Mabane, the Judge [ 233 i Jp4ge of the Court of Common-Pleas, at Quebeck, above-mentioned, , Mr. Thomas Dunn, a member of the Legiflative Council,, and Mr. Jenkins Williams, a lawyer, and regifter of the council of the province, who were jointly appointed Cpmmiflioners for ex- ercifingthe office of Chief Juftice of the pro- vince in the abfence of Mr. Livius. But the Court would hardly liften to the application, and told Mr. Hay’s lawyer, that the Englifli law of Habeas Corpus was not in force in that province, and that the court could not grant any relief to perfons imprifoned by order of the Governour. This refufai of the Court of King’s Bench to protect the fubje(fls of the crown againft arbitrary imprifonment, ^together with the repeated declarations of General Haldimandj himfelf, and of the perfons mod: in his com- pany and confidence, ** that he would not per- “ mit any of his pri Toners to be brought to their “ trials, or fet at liberty, by the orders of the “ Courts of Juftice, notwithftanding the laws “ of England might fo dired:,” difcouraged Mr. Du Calvet and his friends from applying to the Court of King’s Bench for his Habeas Corpus during the greater part of his impri- fonment, and drove him to the other methods of feeking relief, which have been above mentioned. G g But f234 ]■ " But c.t laft, in November, 178^2, a conver- fation of General Haldimand with a gentle-' man of diftincfticn in the province, was re- poiled to him, which, both in his own oj^inion and that of his friends, and of many other gentlemen in the province,, afforded a reufonable ground to hope that the General v/ou!d no longer impede, or be difpleafed with, any application which ^vlr. Du Calvet might make i.o the Court of King’s Bench for relief, and that the Judges of that Court, knowing this change of inclination in the Governour, would not now declare that the Habeas Corpus was not in force in Canada, though they had done fo tv/o years before in the calc of Mr. Charles Hay. This converfation had happened at the Governour’s houfe, at Saint Lewis’s Caftle,. on the 19th of November, 1782, in confe- quence of a letter which Mr. Du Calvet had juft then written to Mr. Prenties, the Provoft- Martial of the army, (under whofe care and fuper-intendance, Mr. Du Calvet, and all the other prifoners that were detained in priforr by military authority, were placed,) to prefs him to intercede with General Haldimand to give orders, not that he fliould be let at liberty, but that he Ihould be put into another and more convenient and wholefome apartment in the Recollet’s Convent, than that in which he had hitherto been kept, and Ihould be lefs - ' I liable { 235 ] liatle to be plagued and tormented by the fuits of father Berre, the Commidary, or Superiour, of the faid convent above-men- tioned. This letter Mr. Prentles dbewed to General Haldimand oh the i r^th of November, 1782 ; and^ General Ilaldiinand fliev\^ed it to Major Henry Caldweii, who happened to be at the Cadle of Saint Lewis, to pay his refpedts to the Governour, foon after Mr. Prentles had delivered him the letter. This Major Caldwell is an Jrith gentleman of good family, who has purchafed the large Seigniory of Point Levy, near Quebeck, on the oppohte, orfouth, fide of the river Saint Lawrence, which formerly belonged to Ge- neral Murray ; and he is likewife a member of the Legiflative Council of the province. Genera! fialdimand exprelfed upon this occa- lion an inclination that Mr. Du Calvet diould be fet at liberty after his long confinement, and that fome decent method might be fallen upon to bring it about, without hurting his .(General Haidimand’s) honour. Major Caldwell, upon hearing the General gxprefs himfelf in this manner, was glad to feize an opportunity, as he thought, of ena- bling Mr. Du Calvet to procure his liberty. For (though he had no acquaintance with G g 2 Mr. [ 236 ] Mr. Du Calvet,) he pitied his unhappy litua- tion, and thought the treatment he had me^ with very cruel and unjuft. As foon, therer fore, as he had finiflied his.vifit to General Haldlmand, he went to Mr. L’Evefque, (Mr, Du Calvet’s knpwn ancj good friend,) and re- lated to him what General Haldimand.had faid. He told him alfo ‘‘ that the General had refolved to fet at liberty Mr. Jautard, “ the French lawyer at Montreal, (whom ** he had kept in prifon by military authority “ ever fince the fpringof the year, 1779,) ** and other prifoners whom he named.” And he added, * • that Mr. Charles Hay had been lately advifed to make another application to the Court of King’s Bench for a Habeas ** Corpus^ and to be either brought to a trial, “ or releafed by their authority, according to “ law; and that he had act^ordingly made “ fuch an application to the court, which was ** then fitting ; and that the court had begun to take his cafe into confideration ; and that his friends were in hopes he would thereby “ obtain his liberty.” From ail which he concluded, ‘‘ that Mr. L’Evefque would do ** well to go direiTtly to Mr. Du Calvet, and perfuade him to make the fame appli- cation to the Court of King’s Bench, with- “ out lofs of vime, before the feflion of that court was over, which was then drawing “ towaras an end : for that he really befieved ff General Haldimand would not now hinder “ the [ 237 ] • the Judges of it, (as he had done till then,) from taking the cafes of the perfons that were in prifon into their confideration, and “ fetting them at liberty upon bail, or other- ‘5 wife, according to law.” This information and advice of Major Caldwell appeared to Mr. L’Evefque of fo much importance to his friend, Mr. Du Cal- vet’s lituation, that he immediately went to the Recollets’ Convent, to tell him of it, and confult with him upon it. And the refult was, that they both agreed that Mr. Du Calvet fliould employ Mr. Ruffell, his lawyer at Quebeck, to apply to the Court of King’s Bench, as foon as polTible, in Mr. Du Cal- vet’s behalf, for a writ of Habeas Corpus to bring him before the Judges, to be dealt with as the law direds. This being refolved on, Mr. L’Evefque went to Mr, Ruflell, to acquaint him with Mr. Du Calvet’s delire, and to tell him that Mr. Du Calvet would be glad to fee him in h^s confinement, and fpeak with him upon the fubjed:. Upon which Mr. Rudell repaired to the Recollets’ Con- vent, and, (by the leave of Mr. Prenties, the Provoft-Mardiall,) was admitted to Mr. Du Calvet, and took his directions upon the fubject. Mr. Rulfell confented to make the propo- fed application to the King’s Bench, and re- lolved [ 238 > i folved to exert his beft abilities in doing juf-, tice to fo important a caiife ; but not without . taking fome precautions for his own fafety, which here in England will be thought very flrange and unneceffary. He was afraid, if he moved the court at once for a writ of Habeas Corpus to Mr. Prenties, the Provoft- Marlhall, to bring up the body of Mr. Du Calvet before them, together with the caufe of his being detained in prifon, for the court to deal with him as the law diredls, (which is the courfe w'hich a lawyer here in England would have taken in a like cafe, without the fmalleft unealinefs or apprehenfion,) he w'as afraid, I fay, if he had afled in that plain and downright manner, that he fhould not only have been immediately filenced by the court, but even expelled from the profeflion of a barrifler at law, or prohibited by the Go- vernour from follcwnng that profelTion any more. For inftances of the like treatment, of lawyers who had been obnoxious to the Governours, had been feen in the province. In order, therefore, to avoid thefe misfor- tunes, and acquire a previous permiilion from the Judges, to do his duty in this bufnefs in behalf of Mr. Du Calvet, he lirll: preiented to the court a fhort petition from Mr. Du Calvet (and which was drawn up by Mr. Du Calvet himfelf,) defiring the court to permit him to bring before them the hard cafe of his long imprifonment, and to employ Mr. Mr. RufTetl, as his lawyer, to Tpeak before them in fupport of it ; and defiring them likewife to oblige the faid Mr. Ruffell, before he entered upon the bufinefs, to take an oath before them that he would difcharge his duty To his client, Mr. Du Calvet, on this occa- lion faithfully and uprightly, and to the beft of his abilities. This was a very lingular flep j but it was thought neceflary to Mr. Ruffell’s fafety, and it was accordingly taken. And the court complied with the requeds contained in the petition, and gave Mr. RulTell leave to make thepropofed motion for Mr. Du Calvet, and gave orders that helhouldbe fworn in the man- ner juft now mentioned : which was done ac- cordingly. And then, at laft, having thus pre- vioufly obtained the fancftion of the court to his conduct, he, on the 21ft of November, 1782, prefented a memorial to them in the name of Mr. Du Calvet, praying a writ of Habeas Corpus to bring him into court, to be there dealt with according to law, and then opened the matter very fully and freely in the pre- fence of a very crowded audience, w'ho liftened to him with great pleafure and atten- tion ; and fet forth in a very able manner the feveral a ] liamerit paffedlti the year, 1774, forrcgt?- ‘‘ lating the government of Quebeck, the “ Engliflilaws, concerning the writof Habeas CorpuSy vi^ere not in force in the province “ with refpe^t to fuch perfons as were imprifoned by the order of the Cover- £C >> nour. The Record of this important proceeding in the Supreme Court, or Court of King’s Bench, in the province, was as follows. In the Court of King’s BerKh ; province of Qt^ebeck. To the Honourable Adam Mabane, Thomas 0 unii, and Jenkins Williams, Efquires, his Majefty’s Commiffi oners for executing the office of Chief Juflice, in and for the province of Quebeck. The Memorial of Pierre Du Calvet^ late of Moritreal, Efquire, Humbly fheweth, T hat your memorlallft, on the 27tli day of September, in the year one thou-i faiid, feven hundred, and eighty, was arrciled upon the publick high-way, between Three Rivers and Fointe du Lfic, by Captain George H h * Laws, [ 242 1 Laws, of the eighty fourth regiment, accom- panied by another officer. That he was brought to Quebeck, under a guard, and put on board his Majefty’s armed liiip, the Canceaux, then in the river Saint Lawrence; afterwards was put aniongft a number of other prifoners, and finally ffiut up in an apartment at the Recollets, where he remains in clofe confinement in the greatefl: diftrefs, in the cuftody of a Mr. Miles Frene- tics, (who ftyles himfelf keeper of the pre- v6t,) without being able to procure a copy of the warrant of his commitment, or to know the caufe of his caption and detention, though he has made frequent application for. that purpofe. That yefierday, the twentieth inftant, your memorialifc made two other applications to the faid Miles Prenties for a copy of the war- rant of his caption and detention ; but wa$ abfolutely refuted ; as in and by the annexed affidavit may fully, and at large, appear. That your memorialifi: is informed that the caption and detention aforefaid, and the refufalof a copy of the warrant of commit- ment, are altogether illegal. And therefore he humbly prays that your Honours will he pleafed to award his Maje- fty’s [ 243 ] fty’s remedial writ of Habeas Corpus ad Suh~ jiciendum returnable immediate^ diredled to the faid Miles Prenties, commanding him to produce, in this honourable court, your me- morialift’s body, with the day and caufe of his caption and detention, ad faciendum., fub- jicienduniy et recipiendum^ to do, fubmit to, and receive, whatfoever this honourable court lhall confider in that behalf, Ancl that your honours will there-upon be pleafed to difcharge your memorial id, or, in cafe that his accufers appear againd him, that he may be tried, or admitted to bail, or that he may be otherwife dealt with according to law. Signed, Robert Ruflell, Barrider at Law. Nov. the 2 id, 1782. Quebeck. Court of King’s Bench ; province of Quebeck. Perfonally appeared Mr. Jacques Le Moine, and Mr. Thomas Davidfon, of Quebeck, gentlemen, and made oath on the Holy Evangelids, that yederday, the twen- tieth indant, between the hours of two and three of the clock in the afternoon, thefe deponents, in company with each other, H h 2 waited I 244 ] Teaited upon Miles Prenties of Quebeck, keeper of the Prevot, at his dwelling-houfe in Palace Street, and then and there demanded of him a copy of the warrant of the commit- ment and detention of Pierre Du Calvet, Efquire, now a prifoner at the Recollets ; v/hich he, the faid Mjles Prenties, abfolutely refufed to deliver. That afterwards, to wit, on the fame day, and between the hours of eight and nine of the clock at night, thefe deponents repeated the fame demand on the faid Miles Prenties ; but to no purpofc j being refufed, as above. And the faid deponent, Jacques Le Moine, for himfelf further faith, that the faid Pierrp Du Calvet, Efquire, has been for a long time pad, and is now, fliut up in an apart- ment at the Recoilets under the guard of a centinel at the door, (which opens to the faid apartment,) with a fcrewd bayonet. And further thefe deponents fay not. Signed, Jacques Le Moine, Thomas Davidfon. Sworn rn Court, this 2lft day of Nov. 17S2. Signed, Thomas Dupn. ' Court [I 245 ] Ocmrt of Jving’s Bench, Wednefday, Noy* the 27th, 1782. The King againfl: Peter Du Cal vet, Efq. The court, having maturely deliberated upon the memorial of Peter Du Cal vet, and the arguments offered by his Ccunfel in fiip- port of the motion, made upon that memo- rial for a w’rit of Habeas Corpus, are of ppi- nion, “ that nothing be taken by the faid motion, and that the memorial be difmif- fed,” By the Court# Signed, David Lynd, Ading Clerk of the Crown. <^ebeck, Jan.theioth, 1783. I do hereby certify, to all whom it doth, ■or may, concern, that this and the three pro- ceeding pages do contain a true and faithful copy of the memorial of Peter Du Cal vet, the depofition of Jacques Le Moine, and Thomas Davidfon, relative to a writ of Ha- beas Corpus, and of the order of Court made ihereon. David Lynd, Adin? Clerk of the Crown. This [ 246 ] Tills decifion gave great pleafure to Gene- ral Haldimnnd, who faw his power placed by it above the law ; and it gave equal pain to almofi: every other perfon in the province, except the General’s immediate creatures and dependants. For it difeovered to all the in- habitants of the province, “ that they vi^ere Haves to the Governour’s will and pleafure, inftead of being only fubjedt to the law;^ a difeovery that was equally difagreeable to the Englifh and the Canadian, or Frenph, inhabitants, of the province. And on the very next day after this deci- Hon, General Haldimand teftified his fatisfac- tion with Mr. Williams, the Commiflioner of the King’s Bench, for pronouncing it, by creating a new office in the province for his fake. For he made him immediately his Majefty’s Solicitor-General for that province, with a falary of 200/. Herling, a year. It will be natural for the readers of this narrative to expe<£l in this place an account of the reafons alledged by Mr. Williams in fup- port of this remarkable decifion : and Mr. Du Calvet would be glad to Hate them, in jaftice to the charaders of Mr. Willianvs and the other two Judg^, if he w'as pofleffed of a written account of them. But this he has never been able to procure; Mr. Ruffiell, his lawyer, (wdio had ferved him witli fo much fpirii; t H'7 3 fpint and ability on this occafion,) not ha- ving dared to give him fuch an account, for fear of incurring the difpleafure of the Judges, who were unwilling that a copy of thefe rea- Ibns fhould be made out. He apprehended that, if he had taken a note in writing of theft reafons, and communicated it to Mr. Du Calvct, againft the inclination of the Judge?, he might very probably be prohibited by them, or by the Governour, from ever again appearing in the courts of judlce in the pro- vince, ill the charader of a Barrifter at Law. Though the decilion of the Judges of the Court of King’s Bench upon this application of Mr. Du Calvet for a writ of Habeas Corpus was fo pleaiing to General Haldimand, yet the application itfelf was not at all fo. On the contrary, it gave him great offence ; more efpecially when he perceived what a deep and general impreiiion IVlr. Rulfell’s able Ipeech on the occafiori had made on the numerous and refpC'flable audience that heard it, and, through them, on the other inhabi«» tants of the town and province ; who all feemed to be convinced by it of the legality and reafonablenefs of Mr. Du Calvet’s de- mand, “of being eitlter brought to a trial, or fet at liberty,” and alfo to be ihocked at the full relation they had heard of the circum- llances I 248 ] » fiances of unneceffary feverity with which ho had been treated. The mortification which the Governonr felt from this effect of the application to the court, was but imperfedly compenfated by the fa- tisfadtion which he received from the decifionj of the court in rejedting it. And his ill-hu- mour upon the occafion was fo great, that he determined to keep fome of bis ftate-prifo- iiers ftill in prlfon, whom he had juft before intended to fet at liberty j as was reported on the 27th day of November, 1782, (the day on which the Judges gave their decifion upon Mr. Du Calvet’s application to them,) to the Recollet Monks,; at Quebeck, (in whofe con- vent Mr. Du Calvet was confined) by Mon- lieur Baby, a member of the Legifiative Coun- cil, that has been already mentioned in this narrative, and who was much in the Gover- nour’s confidence. This Monfieur Baby told thofe Monks, ** that he w^as certain that the Judges would “ on every occafion fupport the Governour in. ** his power of imprifoning people at his plea- “ fure, and that none of the prifoners would “ obtain their liberty by fuch applications 5 “ and that, on the contrary, thele applica- “ tions would prove the means of retarding ‘‘ the releafe of the perfons vyho made thepa, by provoking the Governour againft them 5 [ *49 ] them ; — that, as a proof of this, he couM “ mention the cafe of Mr. Jautard, the law- “ yer of Montreal, for whofe enlargement hej ** Morifieur Baby* had himfelf folicited his Excellency, and obtained from him a pro- “ mife of Jautafd’s liberty; but that noWj fince ** Mr. Du Calvet’s application to , the Court of King’s Bench for relief, he had altered ** his mind, and would not fet Mr. Jautard ‘‘ at liberty ; — and that lie now would not ‘‘ hear any thing about letting any of the prifoners at liberty; and is angry when any “ body talks to him upon the fubjecl ; fay- “ ing, that they are all better treated and happier than they deierve to be> and that he alone has a right to determine whether they fliall ftill continue in prifon, or be fet ** at liberty ; and that he will do in that mat- ter juft what he fliall pleals ; And that ** he had fpoke of Mr. Du Cal vet, and had ** mentioned a letter which he had received “ from him, in which Mr. Da Calvet com- “ plained of the chamber i.n which he w^as “ confined, and defifed to be removed into a ** better room ; and that his Exceilency had then faid that he would not'comply with this requeft of Mr. Du Calvet, bat leave him where he was^ thinking that he was ** as well accommodated there as he ought to be; and that he had confined him in the Rocollet’s convent for the fake of hum‘* V [ 25° I bling* hini and mortifying him, pour U “ reduirey Such was the converfation which Monfieut* Baby held on the 27th of November, 1782, with the Recollet Monks at Quebeck, or fa- ther with Father Berri^ their Superiour, or Commiffary, with whom he was well ac- quainted, by having feen him very often at the C aftle of St. Lewis, not only at the Governour’s publick levees, but in his private parties, the faid commiffary being one of hi6 Ex'cellency’s creatures and favourites. And, as there was nothin? in this converfation that was thought to require fecrecy, Monfieur Baby held it openly with Father Bare in the prefence of his monks, and even of the lay-brothers, or fervants, of the monaftery ; two of whom, whofe names were Bernardine and Alexis, went immediately after into Mr* Du Calvet’s chamber, and related it to him with an air of great joy and triumph over him, Bernardine telling him, “ That the “ Governour would not comply with his requeff of being removed into another “ chamber, but would leave him where he was, in fpite of all his complaints and then adding, “ That he was only too “ happy ill being put under their care and “ power, and that they would treat him juft “ as they thought fit, or as their commiffary, “ Father Berre, fliould order them.” Ac- (’ 251 y Accordingly, Mr. Du Calvet continued in exadlly the fame fitiiation for near another month, or till the 21ft of December, 1782, when, after a number of other petitions to the Governour in order to obtain this favour, fome foldiers were employed to remove his bed into the next, adjoining cliamber. And in this chamber he continued during the remainder of his imprifonment, which lall- cd till the 2d of May, 17S3, We have juft now feen, that the appli- cation of Mr. Du Calvet to the Court of King’s Bench in the province for a writ of Habeas Corpus gave General Hal dim and great pfFenge ; and yet it was obferved a little be- fore, that this application took its rife from the opinion which Major Caldwell had enter- tained (in confequence of fome favourable expreftions of General Haldimand towards Mr. Du Calvet in a converfation with Mr. Caldwell) that the General would not be forty to fee it made. Thefe things feem fomewhat inconfiftent : nor does Mr. Eiu Calvet know how to explain, or reconcile them, otherwife than by fuppoling, that, if the General really did wifti to fee fuch an iipplication made to the Court of King’s Bench (as Major Caldwell thought he did, but did not abfolutely hear him fay fo) he muft have meant that it fhould be afeed of jthe court as a matter of mere grace and fa- } i 2 vour E 252 ] your, to be obtained of himfelf by the medi- ation, or interceflion, of the court, and not as a claim of right, which could not juftly or legally be refufed him. For the General has always (hewn a diflike to claims of this fort, and maintained that his power was fu- periour to the fetters of the Jaw. Mr. Du Calvet’s imprifonment ended at laft on the 2d of May, 1783, in the follow- ing manner. At about eleven o’clock in the forenoon of that day, Mr. Prenties, the Pro- yoft-martial, came to him by the order of General Haldimand, and informed him, ** that he was no longer a prifoner, but might leave his place of confinement V when he pleafed f ’ and at the fame time removed the centinel from his door. Mr, Du Calvet then delired Mr. Prenties to give him a copy of the warrant, or order, by the auiboriiy of which he had kept him fo long ill pnfcn ; but couM not cbrain it. He then awa^ froxn his place of confinement in a very weak hate of ‘he':^lth to the publick hcufe at Quebeck kept by Mr. Le Moine, and 1] a week there to endeavour to re- cover it''en2:th noufih to return to his houfe at Mon:.-eal ;• for vlnch place he fet out on the 9 h May, and arrived on the lath. [ 253 ] His long imprifonment in a nafty and un- wholefome place, and the uneafinefs of mind that had accompanied it, had greatly injured his health, and brought on a continual flow fever 5 which obliged him to have recourfe to a Mr. LarthiguCy an eminent Surgeon at Montreal, for his advice and afliflance to re- move it. This gentleman attepded him, and put him under a courfe of medicines for that purpofe, which continued from the 1 3th day of May, ' 1783, (the day after his arrival at Montreal) to the end of June. The weak condition in whiph he found him is exprefled in the following certificate, which he gave Mr. Du Calvet on the 4th of the following month of July. Jey fous-Jigne, certijie a touts ceux a qui il apparthndray avoir ete appelle auffitot Par- rivee ae Monjieur Pierre Du Calvet en cette •pilky fortant des prifons de ^ebec : et declare V avoir Joigne et medicamente depuis le treiz^ de Mai dernier jufqu d la jin de Juiny au£i dernier ; a)ant un epuifment conjiderable oc^ cafanne par une £evre interney qui le confumoit,^ et qui prove7ioit de la privation de Pair et de Jd longue captivite, En [ 254 }i En foi de quol fat Jigne le prefent pour . Jervir ct •valoir a tell^ jin que de rai/on, 4 Montreal le 4 Juillety 1783 . Signey Larthigue^ • ISiouSy Commijfaires de Patx, EcuyerSy du diJiriSl de Montreal, certtJicnSy ^e le Sieur Larthigue, qui a figne le prefent certificat, ejl ChirurgieUy et que foi doit etre ajoutee d tout ce qu'il jigne en cette qualite, A Montreal, le 4 Aouty 1783 . Signe, Pierre Forejlier, . Commijfaire de Paix, By the care of this Mr. Larthigue Mr. Du Calvet was cured of the flow fever men- tioned in the foregoing certificate in the fpace of about feven weeks. But his health is fiill but weak, and, he apprehends, will ever continue fo, his conftitution being broken and deftroycd by the length and lever] ty of his confinement. As fooii as he was releafed from his im- prifonment, he refolved to come over to England, partly to endeavour to procure feme redrefs for the unjuft treatment he had received from the king’s governour, and partly to avoid being expofed to a repetition of the like ■ t 255 1 like: ill treatment ; as he Would have been# if he had continued in the province. He therefore went on the 9th of May, (the day t)n which he fet out from Quebeck on his return to Montreal) to the fecretary’s office at Quebeck, to give in his name there, (ac- cording to the ordinances of the province made upon that fubjed:) as a perfon who intended ffiortly to leave the province. This ftep was neceffiary to intitle Mr. pu Calvet to a pafs-port to go to England in fome veffiel that ffiould fail from Quebeck* But foon after his arrival at Montreal, and about the middle of May, 1783, the news of the preliminaries of the peace being fgned between Great-Britain, France, and the re- volted Colonies, or new States, of North- America, arrived in the province ; in con* fequence of which, many perfons obtained pafs-ports from General Flaldimand to go into thofe revolted provinces, and fettle their com- mercial, or other, affairs there, and many of the inhabitants of thofe provinces came in like manner into the province cf Quebeck for the like purpofes. And fuch a pafs-port would have been peculiarly advantageous to Mr. Du Calvet, and far more defirable than a common pafs-port to go to England by fea, becaufe he had a clear and ffrong claim to a conliderable fum of money due to him from the Continental Congrefs for a large quantity t 256 i qliantlty of goods, which their army, undfef the command of General Arnold, in their retreat from the province of Quebeck upon General Burgoyne’s arrival in it in May, 1776, had taken by force out of his ware- houfeS at ?/lontreai by order of General nold, and had given him a receipt for. The film due ib Mr. Du Calvet bn this account was fomething more than a thoufand pounds, fterling; and Mr. Da Calvet was greatly in want of it at that time,' after the Ioffes he had fufFered in his fortune by the necelTnry negle?Jirur ds Lery, the Riember of tlie Legiiktive Council ; io K k that J [ 258 1 that ?vlr. Da Calvet and his fon might be eahly accommodated on board it, if they could overtake it. This advice Mr. Du Calvet refolved to follow ; and, accordingly took out his pafs-port at the fecretary’s office without delay,' and fet about procuring a floop to carry him off with as much expedi- ^tion as poflibie down the river Saint Law- rence in order to overtake the faid brigan- tine. By Mr. L’Evefque’s affiftance fuch a iloop was procured about i o o’clock the fame night, arki at 1 1 o’clock Mr. Du Calvet and his fon (a boy of nine years of age,) went on board it, and immediately fet fail down the river St. Lawrence in purfuit of the faid bri- gantine. They had the wind at firft againft them ; fo that the feamen were forced to make ule of their oars to make any way. But about one o’clock in the morning the wdnd changed in their favour, and they then failed on briffily for about two hours, till about 3 o’clock, when they came up with the ihip they were in queft of, while ffie was lying at anchor at the 'fur- ther, or lower, end of the ifland of Orleans, and immediately went on board her, and, af- ter feme little diifficulties made by Captain Brown, (whom Mr. Du Calvet had not had time to apprize of his defign of being a paffen- gcr in his flip,) but wffiich were removed by the prodiifiion of his pals-port and by the tedimony of young Monjieur de Lery^ the other padenger, in his favour, were received by him as paffengers. And in about an hour after Mr, Du Calvet and his fon had thus been taken on board [ 259 1 board this (bin, Captain Brown weighed an- chor, and pnrfued his voyage to England, and arrived in the Downs on the 22d of the follow- ing month of September, 17S3. Mr. Du Calvet was lucky in coming up with this brigantine in the manner he did. For he has been informed, b}' letters received from Quebeck fince he has been in Eng- land, that on the very fame morning on which that brigantine weighed anchor from the lower end of the Ifle of Oilcans to proceed on her voyage to England, that is, on the 27th of Auguft, 1783, General Ha!- dimand’s fecretaries fent one of their clerks, whofe name is Brajjard, to the publick-houfe at Quebeck, kept by Mr. Le Moine, at which Mr. Du Calvet was ufed to lodge, to inquire for him : And that, when this Mr. BralTard went back to them, and told them, ‘‘ that Mr. Du Calvet- had gone in a Hoop in the night to the further end of the Ifle of Orleans in order to overtake, if pofilbie, the “ Tdarleton brigantine, and take his paifags ‘‘ on board her for England, and that he had probably overtaken her and gone for En- “ gland,” they could hardly believe it j — and that General Haldimand and Mr, Mabane in like manner exprelTed the greatefl; furpriza at if, and declared that they were forry that fome method had not been taken to prevent it > — And that, on account of thefe appearan- K k 2 ces [ 260 ] ces of ill-will towards him in the governing part of the province, all Mr. Du CaU'et’s friends, had rejoiced at his departure, and confidered it as a fortunate efcape from fur- ther periecutions. During Mr. Du Calvet’s residence at Mon- treal after his enlargement from prifon, that is, from the 13th of jMay to the 23d of Au- guft, 1783, he conceived himfelf to be in fo much danger of beins: fuddeniv affauhed in hi? houfe by fome of the foldiers, at the in- fbgation of his enemies in that town, in the manner he had been in the year 1771, (as has been above related in this narrative, pa- ges 57, 58,) that he thought it necef'ary to have his arms placed on a table near his bed every night, and a candle kept burning the whol^ night, that he might be ready to de- fend himlelf againd: any fuch attempt. Nor were thefe apprehenfions entertaiised without foUiC apparent ground for them, arifing from the general behaviour of the foldiers towards O him : For they every day, in pafiing by his houfe in a body, ^nd with beat of drum, to mount, or come oif, their guards, or to attend their roll-callings, made it their pradlice, (as they had done befere in the year 1774,) to march over his gallery in a noify, infulting manner, and apparently with a view to terrify him, indead of marching quietly along the .ftteet before the gallery, as they did before the galleries of all the other houfes in Mon-» treal, that had galleries before them. Thq [ 26' ] The uncahnefs of Mr. Da Calvet’s mind about tliis time in conrequence of the injury he had fuAaiiied, and of thofe which he thus continually apprehended, is well expreiTed by himlelf in the following paragraph, which he inferred in fevered letters which he wrote to feveral of his friends towards the end of July, 1783, to inform them of the refolution he had taken to leave the province as. foon as pof- fible, and go to England for fifety and pro- tediori, and, if poiTible, for the redrefs of his injuries. Copie et un pnragraphe qiii fut infere en divcefa Jettres que Morifieur Du Calvet eert-vit d Mci'tficur h' Deefqiie ^ Monfieur Du Chefnay\ €t Monfieur Allfopp^ et auires de fes amis dans la province de en fuiikt^ 1723- A Montreal^ le 24 Juiiiety *7^3* Dnfaj^ Monfeur^ /V fuis f fatigue de refer € our he foils le poids de la tyrarune de ce Goii- •verneu}\ que je fuis refoluy d quelque prix que cela foity de m en retirer^ pour pa ffer d Lon~ dres-y pour pfdyer par les plus adtifs effort sf je pourrai atteind>~e aux loix de la nation y que je reclame par honneu”, pour obtenir juftce Js mon injujicy criantCy et horrible detention j laquelle doit Ptre rez^ardee ainf aux yeux de touts honnetes individus du genre humainy et [ 262 ] ies nations, les moins ci'uiUfees dii glohe. VoiJh k fujet de mon voyage, A cet ejfet f abandonne id d la ciipidite de nies ennemis touts mes biens-~ ponds quetconques ; aujji le rejie du brigandage et du pillage de mes meuhles de menage quel- con ques et en general j ainjt qu'une fomnie de 3^* argent courant d' Hallifax, qiii m'ejl due par divers dans la province^ dont mon emprifonnement et les injujiices qiie J'ai Jouffertes font caufe que je perdrai les trois quarts. Je pars, je puis le dire, pour toute resource', pour ne pas refler efclave et expofe d etre egorge ckez md par le premier qui ima- gineroit un pretexte. Je pars, dis~je, avcc • mon enfant pour toute fortune, pour ne pas le laifer expoje d etre la vidime de I'iniquite qu' on exerce id, ddc. Pierre Du Calvet. In anfwer to a letter of Mr. Du Calvet, containing the foregoing paragraph, Mr. George Allfopp, (a member of the Legifla- tive Council of the province, who has been already mentioned in this nar'-^^'^'e,) wrote to him as follows.. Para- [ 2^3 ] Paragraphe d'une lettre di Monpeur George Allfopp^ Ecuycr, d Monpeur Pierre Du Cahet^ du fnois de Juilletf 1783, Monpeur y y'aurois repondu a Vhonneur de ^ootre let trey p je 7 i’ eiipfe feu des le le^idemain de fa recep* iion qiie le Gouverneur Haldimand refufa d Monpeur U Evefque ‘votre permipion de paff'er par la Noirjelle York: par conjequent il eP probable que 'vous paperez par ^ebec j d moim que vous n' attendiez le plaipr de foti Excelience pour paper par en-haut» % pe fenSy comms on doit fentiry le maUtraife- ment que vous avez requ ; ety ( ce. qui ep re- eilement incomprehenphtej il vatit ' tnieux etre cBuelk'inent en rebellion que d'etre JufpeBy foit que les joupcons foient bien ou mal placed, L'on ne pent regarder ce que vous avez pouffert qu'a'^cec un coeur pie in de benigmte. Et pe cone hid s en vous fouhaitant tine reparation aes torts conpd enables que vous avez fouffertSy &c, 0 Signcy George AlJfopp„ And Mr. t)u Chefnay, the Seignior of Beauport above-mentioned, in anfwcr to a letter [ 264 ] letter of Mr. Du Calvet containing likewjle the paragraph above- recited, fen t hint a letter containing the foiiovving paragraph. J^aragraphe d" tine lettre de Monjieur yuche’-^ reau Du Chefnay, Seigneur de Eeauport^ &c. a Monfieur Fierre Du Calvet, du 5*'"'*'' d’AouJ}, 17B3. Monjieur, On ne peut que vcits Icucr du parti que vom prcnez : je vous fouhaite toutes fortes de prof^ phites. y’ai connotjjance des demarches des citcye?ts de Mc 7 itreal. Mais quelle pitie, que celles qiCcn fait d ^lebec ! Une grande partie font de veritables moutons j qtd ne Jcavent qtce tendre le col, et ne crcire le mal que quand its le fentent ; et une autre partie ef prete d tout Jacrifier d leurs prcpres inter cts. — P Stre affaire rcgarde touts les mdividiis quelconques de cette province, pour f peu quo I' on vciiiile ref.echir, Dar qui efi celui qui peut Je dire en feurete chez lui, a pres avoir vii de fes pnpres yctix tout ce que Pon vous a jait Joufjrir de ia waniere la plus ideale, fails qu'il vous cit ete pcrmis d'obtenir, jufqii d ce jour, auciine jufiice f j^ef- pere ccpendant, que vciis obttcndrez jufiice d. Londres, Ou bien, f on ne vous la rend point, on nous regarde touts comme des efciaves. Car ie mal-traitcment que vous avez rccu, rejaillit fur la province en general, Voild comme toutes [ 265 ] ibiites ks honnetes gens doiveiii Venvtfa^ ger ; Higne yuchereau Du Chefnay, Thefe Jetters fufBciently fhew the firong fenfe the writers of them entertain of the ill- treatment Mr. Du Calvet has received in the province, and the claim they think he has upon his Mjyefty’s Minifters of State in En- gland for the exertion of their utmod endea- vours to procure him aredrefs of his injuries. And he received feveral other letters about the fame time from other gentlemen in Ca- nada, which all exprefs the fame fentiments as thefe. Since his arrival in England towards th« end of September lady Mr. Du Calvet has applied to Lord North anJ the Right Honourable Mr. Fox, his Majedy’s late Se- cretaries of State, to defire them to procure' an order from his Majedy to General Haldl-<- mand commanding him to come over to En-^ gland and anfwer the complaints which he and others, many others, have to make againft him. The grounds df his requed are as fol- lows. General Haldimand, while he contlnnes iri his government of (Rebeck, cannot be fuedi in the courts of judice of that province on account of his high dignity of Governouf L 1 of [ 266 ] of it, which places him above the reach of law in that province where he repre- fents the King, in the fame manner as the Kin? himfelf is above the law here in En- O ^ gland, or cannot be fued in any acftion of trefpafs with efFedt, fo as to be compelled to pay the party grieved any damages that a jury Ihould allow him. Nor can General Haldi- mand be fued in the courts of juftice in En- gland till he comes to England ; becaufe the jurifdidtion of thofe courts does not extend out of England. Therefore, unlefs the Ge- neral (liall come to England, the perfons who have received injuries from him in Ca- nada, cannot obtain legal redrefs for them ; but a failure of juftice muft enfue. His re- quefl: therefore, “ that the General may “ ordered to come over here, fo as to be “ within the reach of the laws and amena- “ bie to our courts of juftice,” is clearly founded on the principles of reafon and judice. When the General fliall have received and obeyed fuch an order, Mr. Du Calvet will ceafe to trouble his Majedy’s Miniders with any further mention of his misfortunes, and will be fatisfed with fuch a compenfation for the lolfes and injuries, of all kinds, which he has fulfered by means of General Haldi- mand, as an Englilh Jury, under the direc- tion of an Engliih Judge, Ihali think proper to allow him. He [ 26? ] ; He afks no money, penfion, place, or. , other favour, from the government, but merely to have juftice in the ordinary courfe of law, or, in the words of the King’s pro- clamation of Odiober, 1763, to all his fub- jedls in the four new governments, then eredted, of" Quebeck, Eafl: Florida, Weft Florida, and Granada, the benejit of the laws cf E,ngland, Mr. Du Calvet’s letters on this fubjedl: to Lord North and Mr. Fox, and Mr. Fox’s anfwer, (for he has never received any anfwer from Lord North, though his bufinefs be- longed properly to his LordOiip’s depart- ment,) are (excepting that a few unimpor- tant paftages of the letters to Lord North have been omitted,) as follows. Requke de Pierre Du Cahef, Ecuyer, d my Lord North y Secretaire d'Etaty Ode. My Lordy Pierre Du Cahety un des notables citcyens de la prooeince de ^ebeCy jupplie humblcment “ mns nous refugier dans cette province ^ aprh “ avoir facrifii nos biens, expofe nos families “ aux calamites du temps, ainji que nos vies “ pour le fervice du roi. Mais, my God ! Ji la province continue d'etre gouvernee avec ** le meme defpotifme quelle I'ejl aduellement, “ nous la quitteronsy et nous irons implorer ** le fecours de nos con-citoyens et de nos freres, que nous avons abandonnes par notre loyale “ affeBion pour fa Majefte.'' Vcildy my Lord, comme raifonnent prefque touts les Loyalijles, ainji que toutes les perfonnes fenfds du Canada, qui ne veulent point itre avilies a la condition de I' efclavage, f'ofe le dire, pire que celui des nigres. — Oui : lls penfent ainfi plus fort d prefent que jamais . — y'arrete id : Mais, my Lord, penfez au futiir, — Si I' on y recueilloit les voix, dies feroient unanimes y on y verroit, fans aucun detour ni deguifement, la verite du fait dont il sagit. — Comme je m' intireffe, quoiqu'il en fbit, au bonheur de la province^ et d la profperhi du gouvernement, je defre fn- cerement que les Secretaires d’Etat fe defjillent les yeux, et qiiilsne refient pas plus long-temps dans la lethargie qui a plonge la province dans la fit nation oil die efl prefentement par la mauvaife conduite de celui d qui elle a ete con- fee. J'efpere, my Lord, que par vos efforts les plus aBifs vous contribuerez d faire operer tin change ment immediat et avantageux, tant pour le bien-dre de fes habitants que pour les interits [ 275 ] intirits de Tetaf, y^ofe r/percr, queparvofre application au Jervice de fa Majefle^ on y ap- porter a le remede k plus efficace. C'pjl le dJjtr et le fouhait du zHe Jin cere de celui qui a I 'hon- neur d'etre-^ en attendant^ avec le plus parjait refpeSi^ My Lord, I Votre trh humble et tres oheiffant Serviteur, Pierre Du Calvet^ /lutre lettre de Monjieur Du Calvet d my Lord North, Secretaire d'Etat^ ^c, du 2g de Novembre, 17S3. My Lord, ffe ne puis revenir de V itonnement oil me jette ‘votre jilence fur ma requite du 26 de Sep- tembre dernier et fur ma lettre du ig du courant. Une injuflice ne Jercit pas plus conjlamment rejufie que la jujlice que je Jollicite de^is Jt long-temps en vain, yugez, my Lord, de I’efcces de la tyrannic, Voild trois deputes que vous envoy e la province de ^ebec enjin lafjee d'lin jcug auquel elle M rn 2 ne [ 276 1 ne devolt pas s'attendre fous un gouvernement jinglois. Dans la lifle des abus quHls ont d vous prejentert ma caufe fe trcuvera^ proba- blement^ comprife', et j'obtiendraiy peut-etre^ 'JiiJiice avec la province entiere, ye n'ignore paSy my Lordy que Monjteur Jialdimand envoy e id des gens d fes gagesy dont la mijjion ejl d'ebtenir qu'il ne joit rien change au gouvernement de la provincCy qiiiy tel qtiil ejl et tel que je Vai Jentiy ejl iin veritable def- potifme. Maisy my Lordy il faut efperer que vous ferez jufiey et qiiCy par ce moyeuy vous conferverez la province d fa Majejicy et que vous ne fouffrirez pas que notre opprefjion jujii-- Jie aux yeux de V Europe entiere le detachemeiit des treize provinces, y'ai Vhonneur d'krey avec refpeB^ My Lordy Vdre trh humble et trh obeijfant ferviteur, Pierre Du Cahef, ■ Samedi Matitiy 29 de NovembrCy hettre [ 277 I Leftre de Monfieur Du Cahct d I ' Honor ahle Charles yames FoXy Ecuyery Secretaire d'Etaty le mime joury de Novem^ brey 1783 . Monjieury Void copie d'une lettre qiie j'ecris ce jour d'hui d 7 ny Lord North. Je prens la liberti de 'vous VadreJJer, afin que vous foyez injiruit des demarches quejefais aupres de ce Secretaire d'Etat. Ety quoique I'laffaire dont il s'agity ne regarde pas direBemettt ojotre departejnenty j'efpere quey par un effet de votre jujiicey 'VOUS voiidrez bien eti dire deux mots d my Lord North, Je fuisy i^c. Pierre Du Cahet, Autre lettre de Monfieur Du Cahet y ecrlte d my Lord Northy Secretaire d'Etat y &c, le 15 de Decembrey 1783 . My Lordy Out. Je ne cejjerai d’ecrire d votre feig-^ neurie que lorfqu'elle m' aura rendu la jujiice qui efi due d mon itinocence cppnmee. C'ejl Ctjcore d ce titrCy my Lordy que j'ai I' honneur de [ 278 ] foUiciter une reponfe a ma requite du 26 de Septembre dernier. Out, my Lord’i je votes re-itere que je ne reclame que la juflice qui efi due a mon honneur cutragi^ et au dedommagement des torts im- menfes quun brigandage m'a cccajionnes. Cefi la jujiice que je demande^ et rien autre chofe, Vous nignorez pas, my Lord, que je ne puis rien faire contre votre ami, Monjieur Haldirnand ; puifque je ne puis Vatteindre avec les loix d 'id d ^ebec, C'eji done un ordre, my Lord, qu'il me jaut, s'il vous plait me Vac-^ corder, pour le faire venir a Londres pour repondre d mes plaint es et d mes demandes quel- conques, fefpere, my Lord, que vous ne me reju^ ferez pas cet ordre pour jaire venir id incef- famment votre Gouverneur, Monfeur Haldi- mand 5 lequel ordre je vous fupplie de m'accor^ der, En me V accordant vous me rendrez juf tice, et vous delivrerez la province de Jon perjecuteur, y'ofe efperer que votre feigneurie ne permetira pas que Monfeur Haldirnand aille en droiture de ^ehec en Suijfe, fans pajfer par Londres. yofe-, aiijf, ejperer que vous ne permettrez pas qu'il echappe aux loix par aucun moyen de Jub^^ terfuge que ce putjfe etre. Car, f cela venoit d at river t [ 279 ] arrtver^ my Lord y je rCat pas befoin de voUs faire prejfentir ce que tout le nionde conclurroii de Id. "Je pne DieUy qu’on fauve, du moinSy ks apparences, yai I'honneur d'etre^ avec refpe^y • , My Lord, Votre tres humble \ et tres obeijfant ferviteur, Fierre Du Cahet, Since the late change of his Majefty's Minifters of State, Mr. Du Calvet has pre- fented the following memorial to Lord Sid- ney, the fuccelTor of Lord North in the office of Secretary of State for the Home-De- partment, K To [' 2So ] To the Right Honourable Lord SIDNEY, his Majefty’s Prin- cipal Secretary of State for the Plome Department. The memorial of Peter Du Calvetj^ Efquire, of Montreal in the pro- vince of Quebeck, v Humbly Shewetb, '■y^HAT your memorialift has been fettled in the province of Quebeck, formerly called Canada, ever fince the year 1758, and that, fome time after the peace in 1763, he fold his patrimonial eftate in the South of France, in order to carry over the produce thereof into the faid province, and enjoy the benefits of the Britiih Government, as it w^as then eftablifhed by the King’s proclamation of Odober, 1763, and the commiflion to Governour Murray made in purfuance of it } — That he executed the office of a Juftice of Peace in the faid province with the faireft reputation and the entire approbation of the goVernours of the province, from the year 1766, to the year 17755 — That he has aK ways [ ] ways adled as a faithful and loyal fubject to his Majefty, and during the late war \\ith the revolted provinces in North-Amerlca, (now acknowledged by Great-Britain as the Thir- teen United States in North-America,) he al- ways avoided entering into the fmallelb con- nection, or correfpondence, with any per- fons in the fiid provinces, or, in any degree or manner, abetting tlieir revolt. — But that neverthelefs, he was arreded on the 27th day of September, 1780, by Captain Laws of the 84th regiment of foot, called the Royal Emi- grants, in confequence of a verbal order of Brigadier-General Mac Leane, and carried as a prifoner to Quebeck, and there put on board the Canceaux floop of war, as a pri- foiier, on the 29th of September, 1780, by a written order iffued by General Haldimand, the governour of the province, but figned only by his private fecretary. Captain Mat- thews. — That he was detained on board the Canceaux, as a prifoner, in the harbour of Quebeck, from the 29th of September to the T4th of November, 1780, and kept upon fait proviiions and mudy bifeuit, without be- ing permitted to fend any perfon on ihore to buy fredi providons for him with his own money j — That then he was removed to the military prifon of Quebeck, and detained there from the 14th day November to the 13th day of December, 1780, in the cudody of Miles Prenties, the Provod-Martial of the N n army. [ 282 ] army, in a very nafly room, which he was jpot permitted to caufe to be cleaned at his own expence j — and that afterwards, from the 13th of December, 1780, to the 2d of May, 1783, he was detained as a prifoner, in the convent of Recollet Monks, with cir- cumflances of great hardship and unneceflary feverity, which have greatly impaired his health ; — and that, throughout this tedious and unmerited confinement, he never had any charge, or accufation, brought againft him, or could procure from General Haldi- mand a declaration of the caufe of his im- prifonment. Your Memorialifl; further fets forth. That, during this long and fevere imprifonment by ■General Haldiinand’s military power, he re- peatedly defired to be dealt with as the law dire^led, by either being brought to a trial, if he was thought to have been guilty of any Oifence, or being fet at liberty, either freely and abfolute’y, or, at lead, upon giving fe- curity both for his future good behaviour and to anfwer any charge that might be brought againfi: him; and that Mr. L'Evef- que, a very refpedable merchant of Que- beck, and who is a member of theLegiflative Council of the province, had offered General Idaldimand to become bound for him in thefe refpeds : but that all thefe propofals had been tefufed.— And that,, after the refufal of [ J of thefe propofals, he had offered to make over all his landed and other property in the province, (which was confiderable,) to fuch perfons, or truftees, as General Haldimand fhould appoint, to be kept in the hands of fuch trullees till the end of the late unhappy war, as a fecurity for his loyal and faithful conduct during the remainder of it ; or, if that was not thought fufficient, he delired to be fent to England even as a prifoner, rather than continue in the nafty and unwholefome confinement in which he then was kept; hut that thefe propofals likewife, were re- fufed. For this cruel and illegal imprifonment your Memorialifl humbly hopes that the laws of England (under which he wiihes to live and die,) will give him fuch a reafonable compenfation as can now be afforded him. For, as to the damage done to his health by the hardfhips he has gone through, thcitj he fears, can -never be repaired. But, as General Haldimand cannot be fued in the province of Quebeck, fo long as he continues governour of it ; his high office of gover- nour placing him above the jurifdivlion of the courts of the faid province : — and, as, during his refidence in the faid province, he is likewife out of the reach of the courts of juft ice of Weftminffer-Hall, whofe juriidic- tion does not extend beyond the liland of Great- ( 284 ) Great-Britain : — Your Memorlalift humbly hopes that, in order to prevent a failure of juftice arifing from thefe circumftances, your Lordfhip will advife his Majefty to command General Haldimand to repair to England, with all convenient expedition, in order to anfwer fuch complaints before his Majefty in Council, and fuch adions in his Majefty’s courts of juftice here in England, as may be brought againfl him by your Memorialiffc and the many other perfons who conceive themfelves to have been opprelTed and in- jured by him in his office of governour of the faid province of Quebeck, And your Memorialift, as in duty bound, will ever pray for your Lord- fhip’s welfare and profperity. Signed, PETER DU CALVET. FINIS. / k \ liU ' J ‘ ’ r ' J . ( I J / . / r ' N / ■j ^ / 4 / fr > \ \ L I I .mw