§ Mr. Marshrose, pursuant to notice, to move that the Petition of Mr. Firth, his Majesty's Attorney-general in the province of Upper Canada, be referred to a select committee, to inquire into its allegations, and report thereon. He said he should content himself with merely 906 stating the circumstances of the Petition, and leaving it to the judgment of the House to determine upon what course ought to be pursued. He begged leave, however, to say, that he was in no manner influenced by the feelings which actuated the petitioner, who was goaded and stung, no doubt, by a deep sense of injuries which he believed himself to have sustained. Who was the petitioner? Not an obscure, not an ignorant individual; not a person, who, from his condition in society, or his conduct, was likely to be disaffected to the Government; but a gentleman educated to the bar in this country, and selected by the Crown as a fit person to execute the duties of an important legal appointment in one of our most important colonies. He understood that he owed his appointment to the late Mr. Windham, a patronage which, of itself, was sufficient to confer no mean dignity. He understood, from the Petition, that Mr. Firth went out in 1808, at a considerable expense, to take possession of his office. Shortly after his arrival, governor Gore thought proper to let loose a number of petty vexations against Mr. Firth, and which continued during the last two years of his residence in that province. Those minor persecutions were not indeed exactly specified in the Petition; bat it did not require any very deep knowledge of human nature to know that the combined effect of a series of petty mortifications, incessantly repeated, was often as great, and greater, than that produced by persecutions of greater magnitude and severity. It did appear, however, that the grievances complained of, were not all of that minor description. A plan was devised to get rid of the Attorney-general, by depriving him of the emoluments of his office and in order to accomplish this, he was prevented, by governor Gore, from carrying on various public prosecutions, by which his income was diminished one-sixth, and all the dignity and efficiency of his office abolished. Another mode of persecuting him was also resorted to. When, from, some peculiar circumstances in which the province happened to be placed, no servants except soldiers could be procured, a special exemption of the Attorney-general, as entitled to a servant of that description, was made by governor Gore, and he was reduced to the necessity of performing all the menial offices and drudgery of domestic life himself. Here again he begged to remind the House, 907 that he did not state these things as facts, but merely as allegations contained in the Petition, brought forward by a man who had held a high station, and, primâ facie, therefore entitled to belief. They were such, in his opinion, as ought to produce inquiry, not only that the character of general Gore might be vindicated, if he was innocent, but that the shame and disgrace of having made such allegations, might fall with tenfold aggravation upon the head of their author, if they were false. There was another most important charge in the petition, in so far as it went to the declaration of a serious change having been introduced into the administrative justice of the country. It appeared that a very mysterious case of child-murder had occurred in that province, into which the Attorney-general thought it his duly to inquire; but during the preliminary investigation which he instituted, general Gore interfered, and expressing his aversion to the inquiry, ordered it to be stopped. In consequence of that proceeding, and being besides worn out and wearied with these multiplied persecutions, Mr. Firth applied for leave to return to England, which was not granted; but his residence in the province became so utterly impossible, that he was obliged to leave the country without obtaining the consent of Government, and he now applied to the justice and compassion of that House for redress: Such were the allegations contained in the Petition; and they were of a description which most make general Gore himself, and his friends, anxious for an inquiry, that they might be repelled, if unfounded. In presenting the Petition to that House, he had reluctantly undertaken a task which he was far from seeking, because it was an unpleasant thing to appear as the accuser of any man without knowing all the merits of a case. He had, however, long been acquainted with the petitioner, and he could vouch for his general honour and integrity of character; and he should have been subject to the reproach of his own feelings and conscience, if he had deserted an old and early friend by refusing to present his petition when he stated that he had been seriously aggrieved. He should conclude with moving, "That the Petition be referred to the consideration of a Committee, to examine the matter thereof, and report the same, as it shall appear to them, to the House."
§ Sir J. Beresfordspoke strongly in behalf of general Gore's character and conduct, both as governor of Bermuda, and in his present station. On his arrival in this country, he was asked if he knew any reason why governor Gore had dismissed the Attorney-general, and his answer was, that before he left America there was not a voice in that country which did not say that governor Gore had done right, and that it was impossible the colony could go on with such an Attorney-general. He was sure general Gore had acted from the most honourable motives.
§ Mr. W. Smithsaid, he could not support the motion for inquiry, and he would state his reasons why he could not. With respect to the petitioner, he knew him well and long; he believed him to be a man of strict integrity, and he was sure the Petition did not contain a single allegation but what he believed to be well founded. When he returned from Canada, he requested him (Mr. Smith) to lay a memorial before the Secretary of State, which, after reading it, he did, together with as strong a recommendation as he felt himself justified in using. That memorial procured to him a certain degree of relief as to certain points which were urged in it: but that relief did not satisfy him, and he then requested him to present his Petition to the House. Upon looking into the Petition, however, and finding the allegations extremely vague, and many of them such as must have existed in the imagination only of the petitioner, he told him he could not undertake to present it, unless he also felt disposed to move something like an impeachment against the Secretary of State, for not paying more attention to the first, memorial, which he certainly was not inclined to do. Upon those grounds, therefore, he should feel it his duty to vote against the motion.
Mr. Forbessaid, that the conduct of governors, both in the West and in the East, was often such as would stamp their characters as petty tyrants. To them might well be applied what Buonaparté addressed to certain of his generals—that by being made governors their brains were turned. He had often witnessed such persons as he had just described, and was proceeding to lament that a notice entered some time ago on a similar case had not been pressed on the House, when
§ The Speakerinterrupted him, by observing that he was wandering from the question.
Mr. Forbesresumed, and declared his entire concurrence in the motion; at the same time hoping, that, on an inquiry, the allegations in the Petition would be satisfactorily explained.
§ Mr. Goulburncould not accede to the proposition, although perfectly satisfied that nothing could afford general Gore more sincere pleasure than having an opportunity afforded him to bring forward the many proofs of innocence of which he was possessed. But, notwithstanding this circumstance, the House should in all cases act on public principles, without any regard to the individual feelings of those concerned. He said, that if on every trifling complaint an inquiry should be instituted to investigate grievances, either imaginary or true to a small extent, no other business could be transacted in that House. Mr. Firth, he would acknowledge, was a man of high respectability; but if his elevated situation was a presumptive argument in favour of his allegations, it was but fair to allow general Gore to derive a similar advantage when objecting to them. General Gore was chosen by Mr. Windham to fill his high and arduous situation—not from private or party reasons, but from the experience of his former government, which was well administered. At the time of his being sent to Canada, the colony was a scene of angry confusion, which was soon appeased by his authority. He then alluded to the charge made in the Petition against general Gore, as if he had hushed up a crime so heinous as child-murder. This charge required a distinct statement of the facts. The wife of a soldier in the 100th regiment was delivered of a child, whose death she attributed to the surgeon of the regiment. The case was investigated by the magistrates of the district in which it was said to have occurred. On this investigation Mr. Firth intruded, but was not permitted by the magistrates to be present during its continuance. The case appearing clear to them, the surgeon was dicharged, and his exculpation read in the general orders at the head of the regiment—not as a violent attack on Mr. Firth, but as an act of justice to the gentleman concerned.
§ Mr. P. Moorestated, that the petitioner was ready with witnesses to prove all the allegations in the Petition. Were he in governor Gore's situation, he should strenuously urge his friends to institute an inquiry into his conduct. The case of 910 Mr. Firth was not singular. He had in his possession a variety of other cases. Among them was one of a gentleman, Mr. Wyatt, who was almost as dear to him as a son. Mr. Wyatt had been appointed Surveyor-general of the province of Upper Canada, and by his commission was rendered wholly independent of the Governor, being directed to communicate immediately with the Treasury. Mr. Wyatt had gone on for a considerable time in surveying the province, and in the more difficult task, the location of it, when—
Sir C. Burrellspoke to order. The hon. member, he said, was going into statements which had nothing to do with the question before the House.
§ The Speakerobserved, that in strict order the hon. member must confine himself to the allegations of the Petition.
§ Mr. P. Mooreresumed. He said, that it appeared, that when governor Gore arrived in Upper Canada, all was harmony and conciliation, but that shortly after the different public officers were turned out to make way for persons of his selection. Thus Mr. Firth was replaced by a youth. Mr. Wyatt having refused to appoint, a deputy of the governor's choosing, was dismissed in three days. The governor made every effort to reduce his government to a simple despotism. The Judge, the Attorney-general, the Sheriffs, all suffered. Even the Speaker of the Lower House had been so intimidated, that, on a proposition for an address to remove the Governor, he gave the casting vote in favour of the Governor; an occurrence which he thought would not have happened in the British Parliament. There was another instance—[Order].
§ The Speakerreminded the hon. gentleman that he must confine himself to the question before the House.
§ Mr. P. Mooreconcluded by observing, that it was for the honour of governor Gore, that an inquiry should be instituted.
Lord Castlereaghconcurred with his hon. friend near him in the opinion, that no case of this nature should be gone into, except where such corruption or oppression appeared as called for the high jurisdiction of Parliament. The case had been successively before three secretaries of state—himself, lord Liverpool, and lord Bathurst; who all entertained the same opinion of the high character of governor Gore, and of the unsupported character of the charges adduced against him. With respect to Mr. Wyatt, in advising his re- 911 moval from Upper Canada in consequence of his differences with the Governor, he had accompanied that advice to the Treasury with a representation that there was nothing whatever in that gentleman's conduct which ought to prevent his being employed in some other colony. With respect to governor Gore, he had been selected for his great ability and integrity, and placed in Upper Canada by Mr. Windham. He knew nothing of him except officially; but thinking that his government was unfairly embarrassed by the interference of individuals, he had thought it his duty to interpose. If Parliament were to be called upon to inquire into all the little cases of difference arising in the colonies, no governor could return to this country without the occurrence of a multitude of applications similar to the present.
§ Mr. Benson, from the long intimacy he had with governor Gore, was unwilling to give a silent vote upon this occasion; but from what had fallen from the noble Secretary of State, and the Under Secretary of State for the Colonial department, it would be unnecessary for him to trespass on the House at any length. Had the hon. Secretary for the Colonial department been induced to entertain the motion for referring the Petition to a committee, he should have been prompted to a full investigation of the allegations of this extraordinary Petition. As to the memorial which the hon. member for Coventry (Mr. P. Moore) had stated to have been sent over from some of the inhabitants of Upper Canada, thanking his royal highness the Prince Regent for the recall of general Gore from his government, he (Mr. Benson) was not disposed to dispute its existence; but he was perfectly aware of the class of people from whom such memorial came:—as well might this country judge of the true sentiments of the loyal inhabitants of the good cities of London and Westminster, by a memorial from the worthies of Palace-yard, as to decide by the memorial alluded to by the hon. member for Coventry, of the sentiments of the respectable body of inhabitants of Upper Canada towards governor Gore. In order to draw the true contrast, he would, with the permission of the House, read part of the Address of the House of Assembly of Upper Canada, unanimously voted to governor Gore on his leaving that country, when his influence there might be considered at an end.—He then 912 read the following Extract from the Address referred to:—"May it please your, excellency—We his Majesty's dutiful and loyal subjects, the Commons of Upper Canada, beg leave to assure your excellency of our approbation of your excellency's administration of the government of this province, which, since your arrival among us, has increased in wealth, prosperity, and commerce, far exceeding our most sanguine expectations, aided by your wise and liberal exertions to promote the same."—From his long intimacy with, governor Gore, he considered him incapable of an act of oppression, or an illiberal sentiment.
Mr. Gordonstated, that he had in his possession a letter in the hand-writing of the noble lord, in which he expressed himself perfectly satisfied with Mr. Wyatt's conduct.
Lord Castlereaghsaid, that he was perfectly satisfied with Mr. Wyatt's conduct in his situation; but that he thought his conduct towards the Governor ill-judged, to say the least of it.
§ Mr. Marsh, in the course of a short reply, observed, that he had never heard, until that moment, that Mr. Firth's petition had been offered to the member for Norwich, the suffrage of whose intelligent mind against it almost shook his own opinion. Still, however, he maintained, that if any one member in the House entertained sentiments unfavourable to governor Gore, it would be to the governor's honour to have the case fully investigated.
§ The motion was then negatived without a division.