certainly avoided all censure and blame. That he was not the puppet of those around him is plain from his resentment of the bad manners and factious proceeding on the part of Osgoode. Possibly the best epitaph to his memory is the Horatian line, "Nec vixit male qui natus moriensque fefellit."* Nor has he lived discreditably who in life and death escaped notice." Ep. I., xvii., 10. 1806] MR. THOMAS DUNN. 499 CHAPTER IV. Mr. Thomas Dunn assumed office on the departure of Milnes on the 4th of August, 1805, by virtue of his position as senior executive councillor and having been selected for the duty. He had been many years in Canada. From his epitaph in the Quebec cathedral, he was a native of Durham and was born in 1731. He had arrived shortly after the conquest and engaged in mercantile life. Subsequently he became one of the judges of the court of Queen's bench. He had been selected by Carleton as one of the legislative council in 1775, the first meeting of which had been disturbed by the news of Montgomery's invasion.* Thus he had been in political life thirty years. He was held in great esteem and respect, and in some trying circumstances shewed judgment and capacity. + The assembly met on on the 22nd of February, 1806. Dunn's first duty was to congratulate the members on the remarkable naval action of Trafalgar, unparalleled in history. The British fleet, with twenty-seven ships of the line, had met the combined fleets of France and Spain, consisting of thirty-three ships of the line, four frigates and two brigs. Of these nineteen were taken or destroyed, the French admiral, Villeneuve, was made prisoner, the Spanish admiral, Gravina, wounded, and what cast a national gloom, which may be said is felt to this hour, the great admiral was killed when victory was assured. ‡ * [Ante., Vol. V., p. 422.] + On leaving Canada, Milnes described him "as a gentleman of the most highly respected character, and whose long and intimate acquaintance with public business and the affairs of the province will, I am persuaded, enable him to execute this trust, with honour to himself, and advantage to his majesty's service." [Can. Arch., Q. 98, p. 175, 4th of August, 1805.] There is a passage of Nelson's life, when at Quebec, thus recorded by What added lustre to the contest on the 4th of November, four French line of battle ships which had escaped from Trafalgar were taken by Sir R. Strachan off cape Ortegal in Gallicia, in the north of the peninsula. The gaols act, passed in the parliament of 1805, had caused much dissatisfaction among the mercantile community. The object was to impose import and other duties for the erection of gaols at Quebec and Montreal. An auction duty of two and a half per cent was levied, with a tax on tea, varying from twopence to sixpence a pound, likewise threepence a Southey: "At Quebec, Nelson [then captain of the 'Albemarle,' of 28 guns] became acquainted with Alexander Davidson, by whose interference he was prevented from making what would have been called an imprudent marriage. The 'Albemarle' was about to leave the station, the captain had taken leave of his friends and was going down the river to the place of anchorage, when the next morning, as Davidson was walking along the beach, to his surprise he saw Nelson coming back in his boat. Upon enquiring the cause of his reappearance, Nelson took his arm to walk towards the town, and told him he found it utterly impossible to leave Quebec, without again seeing the woman whose society had contributed so much to his happiness and offering her his hand. If you do,' said his friend, your utter ruin must inevitably follow!" Then let it follow,' cried Nelson, for I am resolved to do it.' 'And I am resolved,' replied Davidson, 'you shall not! Nelson, however, on this occasion was less resolute than his friend, and suffered himself to be led back to the boat." [Southey's Life of Nelson, chap. I.] 6 Tradition states, the lady who in 1782 won Nelson's heart was Mary Simpson, grand-niece of sergeant Miles Prentice, who kept either Freemasons-hall or le Chien d'Or as an inn. There has been much romance about this old building, long since pulled down, but the inscription which gave it its name is still preserved in the wall of the post office. There are few passages in connection with it which appeal more to our imagination than this recorded incident. I must confess that I am not a believer in the romantic legends of the Chien d'Or which appeal to our credence, for I could never find any authentication for them. Alexander Davidson was, with his brother George, engaged as a merchant and ship-owner in the Canadian trade. He was a member of the council of Quebec in 1784. His name appears in a letter to Haldimand, dated London, the 28th of December, 1790, relative to the king's posts, which he held by grant to himself and Mr. Baby. After the battle of the Nile, he was appointed by Nelson his prize agent. On the 9th of December, 1808, he was prosecuted before lord Ellenborough for illegally receiving commission on goods supplied by himself to the government as merchant, and was ordered to repay £8,883 13s. Id., and sentenced to be imprisoned twenty-one calendar months. 1806] DINNER AT MONTREAL. 501 gallon on spirits, and twopence on molasses and syrup. The mercantile community protested against the tax as directed against commerce alone, and maintained that, owing to the application of the money to the construction of gaols, it should be obtained from the general population; thus, the possessors of land should also contribute. The subject was warmly taken up at Montreal, and, among the demonstrations, the Montreal Gazette reported a dinner which took place at Dillon's tavern. On this occasion several toasts were given, which the house of assembly thought fit to regard as reflecting upon the character of the legislature. Owing to the prorogation of the house, no steps were taken; but, during the session of 1806, the matter was brought before the house, as a false, scandalous, and malicious libel, highly and unjustly reflecting upon his majesty's representative and both houses of the provincial parliament. The committee to whom the subject was referred declared Mr. Isaac Tod, a merchant of Montreal, who presided at the dinner, also the printer of the Gazette, who published the proceedings, to have been "guilty of a high breach of the privileges of the house." They were ordered to be taken into custody. On the arrival of the sergeant-at-arms for their arrest at Montreal, he found them absent, and so the matter ended. * * The following were the toasts on the occasion. They shew rather the extraordinary character entertained by the house of its privileges, than its wisdom in asserting them. "The honourable members of the legislative council who were friendly to constitutional taxation, as proposed by our worthy members in the house of assembly." "Our representatives in provincial parliament who proposed a constitutional and proper mode of taxation for building gaols: and who opposed a tax on commerce for that purpose as contrary to the sound practice of the parent state.” “May our representatives be actuated by a patriotic spirit, for the good of the province as dependent on the British empire, and be divested of local prejudices." "Prosperity to agriculture and commerce, and may they aid each other, as their true interest dictates, by sharing a due proportion of advantages and burdens." "The city and county of Montreal, and the grand juries of the district who recommended local assessments for local purposes.' "May the city of Montreal be enabled to support a newspaper, though deprived of its natural and useful advantages, apparently for the benefit of an individual (sic).” “May the commercial interest of this province have its due influence on the administration of its government." [Christie, history of Canada, vol. I., p. 239.] The Quebec Mercury, which had been established in 1805 as a weekly paper, in advocacy of commercial interests, and as the more immediate organ of the English speaking community of the city, made some remarks on the proceeding, temperate enough, but which also awoke the anger of the assembly. The paragraph in question simply remarked that the proceedings might "give rise to unpleasant investigation of the rights and powers of the house." There were also some allusions to Napoleon's despotism over the press, and the hope that French influence would never extend to Canada. The objectionable criticism was brought before the house with the request that the passages should be read. The speaker, however, refused to admit the entry in the journals of any complaint, otherwise than by motion. It was accordingly moved that a complaint be made that the editor of the Mercury had "undertaken to render an account of the proceedings of the house." The motion was carried, and it was directed that Mr. Cary be taken into custody. As Mr. Cary, the editor, by petition expressed his regret that he had incurred the displeasure of the assembly, he was released and the matter ended. This petty incident, which scarcely calls for record, shews. the theory entertained by the assembly of its powers. Any published report of the proceedings of the house constituted a misdemeanour; thus the journalism of modern times had no recognition, except as a chronicle of passing events. At this date, the sentiment which in no long time afterwards became prevalent of French Canadian nationality, if entertained, had not shewn itself. The quarrel which arose was between the interests of commerce and agriculture. It was argued on one side that the construction and support of gaols was a common duty; that the funds necessary to build and maintain them should be generally contributed, and a land tax was the most equitable means of obtaining the amount necessary. On the other side it was said that the value of land was unequal, and to institute a tax |