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ton's office, did not hesitate to give his active assistance. Mr. Charles Heward, son of Colonel Heward, Auditor General of Land Patents, and Clerk of the Peace, and Peter Macdougall, a merchant or shopkeeper in York and an intimate friend of Inspector General Baby, complete the list of eight against whom the evidence was sufficiently strong for conviction. The whole number of persons concerned in the destruction of The Advocate office was fifteen.

The accompanying plan will assist in the comprehension of the affair. The original names of the streets have been retained on the plan; but it should be explained that what is there set down as Post-office is now Caroline Street; and that the block between Caroline and George Streets is divided by Frederick Street, which runs north and south. Mr. Mackenzie's house and printing office, which were joined together, stood on the corner of what are now Caroline and Palace Streets. The house had been the residence of one of the early governors of the Province; and was accidentally destroyed by fire four or five years ago. The audacity of the rioters and the open connivance of leading officials, who witnessed the scene with satisfaction, form an instructive comment on the state of society in the Family Compact of the little town of York, in the year of grace, 1826.

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Part of the type was thrown into Bay from Mr. Allan's wharf. Mr. Thomas Hamilton, who was going on Palace street at the time, did not think it possible that Mr. Allan, the Police Magistrate, could help seeing what was going on from the position in which he stood; and Mr. Murray was of the same opinion. Several witnesses stated it was a fact, about which there could be no doubt. Colonel Heward was in a similar position, and the Hon. Mr. Macaulay must have witnessed the spectacle. At thebank in front of the town," the surface lowered several feet near the water.

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It is difficult to believe that a band of young men, subordinate officials and sons and relatives of the official party, planned the destruction of the printing office of an obnoxious journal in secret, and executed it without the knowledge of any of their superiors. Lyons miscalculated, it is true, if he thought he had adopted the road to immediate promotion; for whatever secret pleasure the members of the government might derive froin the outrage, a British governor could not protect in a confidential, one who had been directly concerned in it. But what he could do, and did do, with indecent haste, was afterwards to reward with lucrative official positions not only Lyons, but also others who had taken part in the outrage. After it became certain that a conviction would be obtained, and a criminal prosecution might be instituted, a very business-like offer was made to pay the actual damages, much in the same way as one who had accidentally broken a sheet of plate glass while passing by a shop on a public street, might do:

"MY DEAR SIR:-The gentlemen prosecuted for a trespass upon The Advocate Press, so far from entertaining a desire to do an irreparable injury to the property of the concern, went openly to the office without any attempt at concealment, and aware at the time of the responsibility they would incur. An offer of indemnity to the actual extent of the injury would have been tendered immediately, had less clamor been raised and less exertion been used to prejudice the public mind.

"The real cause of the step is well known to all; it

is not to be ascribed to any malice-political feelingor private animosity; the personal calumnies of the latter Advocates point out sufficiently the true and only motives that prompted it; and I have now to offer to pay at once the full value of the damage occasioned to the press and types, to be determined by indifferent and competent judges selected for that purpose. Will you inform me how far your client is disposed to meet this proposal?

"This advance is in conformity with the original intention, and must not be attributed to any desire to withdraw the matter from the consideration of a Jury of the country, should your client prefer that course; but in that event, it is to be hoped no further attempts will be used by him or his friends to prejudice the cause now pending, nor any future complaints be made of a reluctance or hesitation to compensate, voluntarily, a damage merely pecuniary, although provoked by repeated assaults upon private character and feeling not susceptible of any adequate redress.

"J. E. SMALL, Esq.

"I am, very truly yours,
"J. B. MACAULAY."

If the party who committed the violence had from the first intended to pay the damage they had done, in the deliberate business-like way indicated by Mr. Macaulay, it is surprising that some of them-not perhaps any of those finally cast in damages-should have absconded, to evade the consequences of their crime; but it is possible that they feared a criminal prosecution, and left their solicitor and friend, who had himself offered riore provocation to criticism than

any of them, to make a bargain that would save them from the jail. It seems possible that a criminal prosecution was at one time thought of; for I find that the Bidwells advised Mr. Mackenzie not to proceed in that way. The press-destroying mob were probably surprised at the indignation their achievement excited in the public mind; and in the beginning they endeavored to stem the torrent by issuing two placards in justification. But Mr. Mackenzie had been guilty of no aggression to turn the tide of public feeling against him, and the experiment failed. It was not till after this that the above offer was made. The first proposal not being listened to, a second was made through the same medium:

"6th July, 1826.

"MY DEAR SIR:-My friends do not seem inclined to make any higher proposals than follows, and which are dictated in a conviction that they fully meet the justice of Mr. Mackenzie's claim-the real extent of which they are by no means ignorant of, or unable to prove:

"They will (receiving the press and appurtenances) be willing to pay £200 for them. This sum is considered not only the value of the whole material of the establishment, but amply sufficient to cover any contingencies also; with respect to further compensation there would be no objection to add £100 more; in all £300 to end the matter.

"Or they will agree to £200 as above stated, and leave any excess to the decision of indifferent persons -or they will leave the whole to indifferent and competent referees as at first suggested.

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