"unyielding and surly carriage," burst forth on the occasion. He made passionate reflections upon the conduct of the grand jury, and declared that he expected nothing better when he saw the list. The jury accordingly declared that they would enter upon no more business under such imputations, and desired to be discharged. The attorney-general acquiesced; but the judge would not agree to this view and added that if such a motion were made on the part of the crown, he was ready to declare that he saw no ground for it. If

*

establish. From the University Masères went to the Temple and attended the Western Circuit. On the dismissal of Suckling on the 6th of March, 1766, Masères was appointed attorney-general of Quebec. In October, 1769, having obtained leave of absence of twelve months, he proceeded to England with the intention of not returning to Canada.

In August, 1773, he became cursitor baron of the Exchequer, an office he held until his death on the 19th of May, 1814, in his 93rd year. He died at Reigate in Surrey. He invested some money in the three per cents in the names of the incumbents of a few parishes around Reigate in trust, to pay half a guinea to the clergyman who should preach an afternoon sermon; if no sermon was given, the half guinea was to be applied to the service of the poor.

66

Masères is remembered by his contributions to Canadian contemporary history. He published a volume containing many of the acts and reports of the time including his own report presented to Carleton and his remarks following Carleton's rejection of it, styled by him, "Collection of several commissions," 1772. Two volumes followed: "An Account of the Proceedings of the British and other Protestants, of the Province of Quebec, to obtain a House of Assembly in that Province," 1775, Additional papers, &c.," 1776. The "Canadian Freeholder" appeared in three volumes in 1777, in which he discussed the influence of the Quebec act and its provisions upon Canada. There is also a volume of occasional essays published in 1805, twelve of which relate to the American contest and to Canadian affairs. Masères' great ability and honesty of purpose are clearly established by his writings; but his strong prejudices obscured his judgment and his sense of justice. He failed to see any question without the warp, which his Huguenot lineage and his strong protestant sentiment imparted to it. He thus lost all influence with Carleton, who, although entertaining great respect for his character and attainments, looked upon his recommendations with suspicion. It would have been beneficial had their relations been different; for there was much in Masères' views and recommendations worthy of consideration, which might have been successfully incorporated in the code of law he suggested. It speaks much for Masères' character, that, in spite of his pronounced opinions, his statements are generally accepted, and his memory remains unassailed.

The contents of these volumes are specified in the published catalogue of the library of Parliament, 1857, pp. 603-65.

1767]

TRIAL OF MAJOR DISNEY.

167

the jury on the other hand desired to be dismissed he would act upon that wish. They agreed to continue, and next morning they brought in a true bill against major Disney.

Masères, however, to judge by the report of the chief-justice, made several applications to constitute the grand jury so that it would be favourably inclined to the prosecutor. He desired the panel to be reformed upon what Hey, the chief-justice, called "a doubtful and odious" statute of Henry VIII. and to punish them for concealments upon a still more odious statute of Henry VII.; all of which Hey peremptorily refused to entertain as highly unreasonable if not unconstitutional.

The grand jury having thrown out four of the bills, brought in the bill against Saint Luc la Corne with ignoramus. Town major Disney was tried on the 11th of March, 1767, upon two charges: one for burglary and felony in breaking and entering Walker's house at Montreal with an intention to murder; the second for feloniously and with malice aforethought cutting off the right ear of its occupant.

Masères prosecuted on the part of the crown. The prisoner was defended by Morison, Gregory and Antill. Magovock swore that he recognized major Disney. Mrs. Walker also identified him; she likewise testified to the presence of licutenant Hamilton, but this testimony she afterwards withdrew. The whole scene did not occupy more than five minutes. Hey, the chief-justice who tried the case, made a special report upon it; he has recorded that there could be no doubt that Disney's absence was proved, he having been at a party, and dancing with a madame Landrief at the time the outrage was being committed, and was at supper when Burton, the commandant, sent for him. Disney was the town major. Several witnesses swore that he could not have been absent for five minutes without their knowing it. The jury found a verdict of "not guilty." The one witness on whom the prosecution relied, Magovock, was accused of telling his story for the purpose of obtaining the reward. He contradicted himself in the crossexamination, and his evidence was not in accord with that of Mr. and Mrs. Walker. His character was not in his favour for

he was accused of robbing a cellar, and was shortly after arrested for rape. The jury was absent for half an hour and returned with the verdict "not guilty." Of the twenty-one constituting the grand jury eight were French Canadians. St. Ours, Bellestre, Contrecœur, Niverville, were decorated with the order of Saint Louis; La Bruyère, Niverville of Three Rivers, Normanville, de Cuissy, completed the number. At the request of Walker, the attorney-general objected to the chevaliers of Saint Louis being on the jury, as they had not taken the oath of allegiance. These objections they removed by cheerfully performing the ceremony.

*

I have anticipated the date when a settlement was obtained of this troublesome difficulty, if this word can be used, for it appeared to me advisable to make the narrative of it consecutive. It, however, passes out of notice except for the part taken in the proceedings at Quebec by Irving and Mabane, which led to the removal by Carleton of their names from the council. This event I will relate in its proper place. At the time it was the cause of much commotion, and left behind traces of dissatisfaction, to continue in activity till the revolutionary force of congress attempted to take possession of Canada. Walker then shewed himself an active sympathiser on their side. The whole affair is a proof of the strained feeling between the civilians and the military at Montreal, which in no way decreased during the period that Murray remained. On Carleton's arrival it gradually quieted down, until again called forth by the appearance of the hostile provincial forces on the west of lake Champlain.

Walker himself did not relax his agitation. There were frequent complaints of his insolent overbearing conduct, so that no magistrate would sit with him, and he succeeded by seditious insinuations in preventing the jurors summoned in Montreal from performing their duty. Murray accordingly

* The report of the trial was printed by Brown and Gilmour, at Quebec, in 1767. It consists of 46 pp. The opening address and reply of Masères are given in full. The book is rare, being the second book which appeared in Canada. It is in the parliamentary library. The first book published is generally believed to be “Catéchisme du Diocèse de Sens, imprim¦ à Quebec chez Browne et Gilmour, 1765.

1765]

MURRAY RECALLED.

169

dismissed him from the magistracy. Walker, however, possessed influence in England, which so impressed Conway, then the secretary of the colonies, that an order was sent to Murray that he should be immediately restored to his position and be protected by the government,* and that he should be unmolested in his business pursuits. Particular instructions were sent to Michillimackinac and Detroit, that every countenance should be given to him. Conway declared that his general character was supported by the testimony of very respectable people both in Canada and London.

In October, 1765, Murray received instructions from Conway to be prepared to return, to give an account of the state of the province and the cause of the disorders; but not to leave until a proper person had been named to act during his absence. In the following February, Murray wrote to Conway that Walker was using lord Dartmouth's name publicly, declaring that it was by Walker's influence Murray had been recalled; and that he himself, protected by the ministry in London was treating with contempt every ordinance of the civil power. Murray was indignant that Walker should have been placed in possession of information, to be used in the form he made it public. †

A few weeks later, previous to March 1765, a further conflict took place between the magistrates and the garrison. The circumstances are not explained under which some men of the 28th came into contact with the law, but they were summarily committed for jail. The proceeding was so resented by the regiment, that the commanding officer wrote to Burton, that his men were in a high state of excitement from treatment of their comrades; and that he dreaded a mutiny. The letter was forwarded to Murray, who went immediately. to Montreal. He found everything in confusion. The inhabitants spoke and acted as if their lives were in danger, and a

28th of March, 1766. Can. Arch., Q., 3, p. 5.

+ Murray wrote on the 3rd of February. [Can. Arch., Q., 3, p. 123.] "I am far from doubting the recall, but I must lament that Mr. Walker should have known it before I did, and that some of the clerks of the offices had communicated to him what he had no right to know."

guard of them stood nightly over Walker's house. During Murray's stay the troops behaved submissively enough. He instituted inquiries into the Walker outrage, and could learn little; he made an inquiry as to the committal of captain Payne to jail on account of the disputed billet, and he formed the conclusion that it was the "exhibition of a turbulent, vindictive spirit." He endeavoured to lead all parties to moderation and sense, and after remaining a month returned to Quebec; there he effected the arrangement that the regiment should be sent away and replaced by another. Two nights before the departure of the 28th from Montreal a body of the men went armed to the jail and released the prisoners of the regiment confined there. They were followed, and at five miles from town the men were taken and brought back. That night, at twelve o'clock, the jail was again attacked and the prisoners released. They were afterwards found at the fort at Chambly, where a detachment of the regiment was quartered. There is no record of the steps taken against the mutineers. When at Quebec, Murray endeavoured to find out the ringleaders. He could obtain no information in the regiment. Some of them, identified by the deputy sheriff, were committed by the magistrates, and held by the civil power, and were to be tried at the same sessions with those accused of cutting off Walker's ear. I can find no record of the result of the trial.