Narrative of the oppressive law proceedings, and other measures, resorted to by the British government, and numerous private individuals, to overpower the Earl of Stirling and subvert his lawful rights

Front matter

CORNELL

UNIVERSITY

LIBRARY

Preface

The following Work was nearly ready for the press several months ago, but in consequence of discoveries of the greatest importance, by which most valuable additions have been very opportunely made to the mass of evidence previously supporting my right, it became desirable, and indeed necessary to revise what I had written. During the suspension of publication, there was also a chance of obtaining a final hearing of my cause in the Court of Session, and while that chance remained, I was unwilling to put my manuscript into the printer's hands. So much, however, had to be done for the perfect verification of the newly found evidence, that when my counsel would have been quite prepared to plead, we had arrived at the last week of term. Besides, my opponents, who are never ready for any thing better than subterfuges or disgraceful means of protracting litigation, came into Court with a specious pretext for a little more time. The learned Judge, I presume, did not consider that he ought to refuse grantingthe delay sought by the Crown party, and thus the judicial hearing of my cause cannot take place before November.

It may be thought extraordinary that I should prefer laying my case before the public in its present state, to waiting the result of proceedings in Court next term ; but to all such remarks and objections I have to reply, that the opinion of my most experienced and influential friends so entirely corresponds with my own, as to the propriety of the course I am pursuing, that nothing will at present induce me to deviate from it. The circumstances under which this determination is taken are unprecedented ; and as no one can possibly form a correct notion of them, or of the just and honourable motives which have urged my friends to advise me as they have done, at this important juncture, I must content myself with entreating those who may draw hasty conclusions, to honour my work with a calm, attentive and unbiassed perusal.

My friends anticipate, I think not without reason, that abroad readers will be found, who, having no party feeling — no bias, or prejudice of any kind

VI

PREFACE.

no private excitement to hostility — will attend to facts, and endeavour to

understand so remarkable a case. They attribute the contrary effect produced in England and Scotland, chiefly to the former circulation of pamphlets on the subject, which contained much that was objectionable, and that was only calculated to do me injury ; while, on the other hand, my enemies kept alive the party spirit and groundless prejudices they had created, and made their baneful influences operate as strongly as possible against me. Hitherto, indeed, those classes of my countrymen from whom I expected generous sympathy and support, instead of using their own faculties and perceptions to distinguish between right and wrong, so as to form a correct judgment of my case and grievances, have given unbounded latitude to the despicable falsehoods and aspersions hazarded by my enemies. Out of the range of national prejudices, partialities, jealousies, and animosities, I may hope that the voice of truth raised in my vindication, will not be overpowered by the loud vituperations of my calumniators,

On the above grounds, and agreeably to the recommendation of highly talented foreigners, who have recently had my case fully explained to them, and from whom I have received many suggestions of the greatest use to me, this work will appear both in the English and French languages. The distinguished persons alluded to will make my extraordinary situation known, by means of the French edition, in various countries of the European Continent, and with the assistance of my English friends, I, am certain of an equal publicity in British America and the United States, as in Great Britain.

If any accuse me of presumption in appealing to the honourable and high-minded of other nations, I reply, that the Narrative I venture to lay before them is as novel as it is interesting and extraordinary ; and besides, who can justly tax me with presumption, when the private interests of numerous families, companies, and individuals, are as seriously injured by the conduct of my oppressors as my own ? Am I not rather called upon by that single fact, to attend to the suggestions of the able advisers who have assisted my own judgment on such an occasion? I dare flatter myself that foreign readers will rise from the perusal of this Work with every disposition to acknowledge that a case of greater hardship, or one reflecting more disgrace on my English persecutors, their satellites, and accessories of every grade, never came under their consideration.

Bath, August 1836.

Contents

Page.

Section I. Short Historical and Genealogical Account of the Stirling, Peerage, . . I II. Unjust and inconsistent Conduct of the British Government, . . .13

III. Unreasonable Hostility of Private Parties Treachery of a malevolent and

Section I. Short Historical And Genealogical Account Of The Stirling Peerage

The time has at length arrived when it is no longer possible to delay the publication of my case, with such explanations and disclosures as will clear away the mist in which it has been too long partially enveloped. In doing this, I shall cast back upon my calumniators all the obloquy with which they would have covered, as with a shroud, my honour and good name. Heaven is witness how many years I have endured the most infamous treatment, and what numberless provocations, equally trying to my temper and oppressive to my feelings, I have, during that long space of time, received. Yet, while " considerations of expediency " were urged by timid advisers, and my own natural aversion to extreme measures prevailed, 1 endeavoured to forget that my enemies themselves, in the course of their relentless persecutions, had furnished me with legitimate means of defence and retaliation. But there are limits to such passive endurance of evils ; and since among those who have heaped so many calamities upon me and my unoffending family, especially during the last four or five years, there are some so implacable as to set no bounds to their malignity, it is indeed high time for me to shake off my trammels. I must see whether, by boldly exposing the villany and dark intrigues of my enemies, it is possible to open the eyes of the British public, who are not wilfully blind, to the existence of the foulest conspiracy against an individual that ever disgraced this country.

I am aware how difficult it has ever been to draw public attention to private wrongs. .Frequently, unless there be an opportunity of advancing some political object, no exertions will succeed. At other times, it may depend on being able to gratify the ostentation and vanity of a few leading families, who at that price will interfere in favour of the oppressed. But the surest and best support is always derived from persons possessing, with title, wealth and influence, generous and enlightened minds, and determined to strengthen the otherwise feeble efforts of the sufferer, by taking up his defence.

Thanks to Providence, by whose means a present misfortune is frequently made to be productive of the greatest ultimate good, certain proceedings in Scotland, which were resorted to at the beginning of this year by my bitterest private enemies, in the hope bf effecting my destruction, have been wonderfully conducive to my advantage. I wish those malignant beings, and the arch-traitor with whom they are leagued, to know how much, without intending it, they have served me. One of the happiest consequences of their schemes is, that chance has led me where I have found new friends, who have both the will and the power to render me assistance by their influential connexions. Another advantage is, that I have already had one most important document given up to me, and through the kindness of a person highly gifted, and accustomed to research, have traced the existence of another proof long withheld, and, that will be of inestimable benefit to me. So much I have pleasure in stating, because I can safely do so; but I have no intention of gratifying the curiosity of the evihminded. No, they may wait till time shall unravel, for their instruction, what, I trust, will make them wish to avoid hereafter an over-indulgence in wicked and unjustifiable persecution. Meanwhile, however, they may rest assured, that I feel both the confidence and the energy which my situation requires, and which are always increased by undeviating rectitude of conduct, and a good cause.

Agreeably to the suggestions of the highly distinguished friends who have offered me their services, this work will be published in French as well as English ; and I am encouraged to believe that it will obtain, by their kindness and zeal, an extensive circulation in Europe and America. Should that be the case, I may venture to hope, that the clouds which have so long obscured my prospects will be entirely dispersed^ and that all whose prejudices have been excited against me, by calumnies or false assertions respecting my evidence and proceedings in Scotland, will see and acknowledge their error. My English readers especially, having once dismissed the erroneous opinions they have formed under such circumstances, will have no difficulty in admitting that they had drawn their conclusions as to the merits of my case too hastily, and without having any just reason for undervaluing it. To numerous classes of his Majesty's subjects, but, in particular, those who are connected by their commercial establishments, by their possessions in land, and otherwise, with Canada and Nova Scotia, and to the Canadians themselves, at this crisis of political fermentation, my case ought to be most interesting. Their happiness, prosperity, and secure enjoyment of property and life, now endangered by the violence of parties there, might be protected, and a separation of the provinces from the mother country be obviated, if my hereditary rights were acknowleda-ed t

AGAINST THE EAEJL. OF STIRLING. 3

and an opportunity given me of using the powers granted by the royal charters. Instead of disregarding my claims, it would be for their welfare and interest to join their strenuous advocacy of' them to my own best exertions. Let it not be supposed that I hazard these assertions without having sufficiently reflected on a subject of such vast importance. I do not : Kierely wish thereby to add weight to my pretensions. Gentlemen who are better able to give an opinion than I am, have deliberately arrived at the fullest conviction, that a revolution in Canada, and all the sad consequences of a civil war, or, as -no doubt it would be, a war of independence, might be stayed, and ultimately prevented altogether, by the Government determining to avail themselves of the entire alteration of circumstances, which an immediate acknowledgment of my rights would occasion. Placed in a situation to effect, as his Majesty's lieutenant, and the lawful proprietor of the soil, some salutary changes in the institutions of that country, I could effect them by the full authority given to me in the charters, in a manner calculated to meet both the wishes of the Canadians and those of his Majesty's Government.

I am quite prepared for the sort of answer that persons in the interest of Government, or of my private enemies, are likely to return to the above remarks ; but I boldly tell them, that whatever they may be pleased to think or say respecting my claims, as those claims are supported by all necessary evidence, and ample proof is given, in subr sequent divisions of this work, of my just hereditary right to be put in possession of the American territories, and of the dignities and powers which would enable me to realise what has been hinted at above, I shall not the less confidently rely on the march of events, and the force of public opinion, to obtain me the justice 1 demand.

But before entering further into detail, let me shortly explain to the reader on what foundation I rest my pi'etensions to be received by his Majesty as being both de facto and de jure Earl of Stirling ; — why 1 loudly complain of the advice given to the King not to admit me in that character at Court ;— and why I have no scruple in declaring that I have been unjustly and unlawfully denied the enjoyment of my rights and privileges of peerage. Such denial must have been a consequence of 'the general misunderstanding of the position in which I have been placed, and of the unconsidered opposition to the recognition of my titles, which I have met with from noble Lords, and others, who might have been expected to see differences, and to make fair and necessary distinctions.

I boldly take my stand as an established Peer of Scotland, and am certain this posi-l tion is unassailable according to law, usage, or precedent. This will appear more clearly from the following short historical view of the case.

Rather more than 200 years ago, his Majesty, King Charles the First, was pleased to raise my great-great-great-grandfather, Sir William Alexander, to the dignities of Viscount and Earl of Stirling, &c. on the 14th of June 1633 ; and by a royal signature, dated 30th July 1-637, and ratified by Parliament 5th October 1639, (Acts, v. 273,) the

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King incorporated the lands of Tullibodie and Tullicultrie, on the Earl's resignation of them for that purpose, into the Earldom of Dovan, with different limitations *. Further, on the 7th December 1639, the Earl, having previously resigned all his titles into the hands of the King, obtained a charter of novodamus, re-granting the same to himself, " and " the heirs-male of his body ; whom failing, to the eldest heirs-female, without division " of the last of such heirs-male, and to the heirs-male to be procreated of the bodies of " such heirs-female respectively, bearing the surname and arms of the family of Alex- " ander, which they shall be holden and bound to assume," &c.

Although this important charter does not appear at the present day in the Register of the Great Seal of Scotland, the evidence respecting it is complete ; and besides, it has recently been ascertained, that duly authenticated copies are still extant, which have been all these years purposely withheld by the persons who have them in their keeping. I shall not satify my enemies, at a time when such explanations are unnecessary, how or where I made a discovery which I reserve to be hereafter rendered available. For my friends it is quite sufficient to know, that, independently of such discovery, I am secure. Independently also of the consideration that the groundwork is certainly good, I am able to shew, as it is now my chief object to do, that I cannot be, by any fair and lawful means, dislodged from my position. And for this purpose, I shall begin by taking a short historical and genealogical view of the descent of the peerage dignity in my own branch of the family.

Referring to the pedigree which accompanies this work, it will be seen that Henry, fifth Earl of Stirling, died without issue on the 4th of December 1739, when he was succeeded by his second cousin, John, the sixth Earl, (whose succession to the honours, though he did not vote at elections of Representative Peers, there is evidence to shew, was well known in Scotland) ; and from that period the peerage inheritance being vested in his descendants, devolved, on the demise of Benjamin, the eighth Earl, and last heir-male of the body of William, the first Earl, according to the special limitation of the charter, on his eldest sister Mary, who, dying unmarried 28th April 1794, was succeeded by her. sister Hannah, my mother, at whose death, on the 12th of September 1814, I became ninth Earl of Stirling.

Thus, it appears that, since the year 1739, the titles have been possessed by the same line of descendants from John, fourth son of the first grantee. From April 1768 till September 1814, a period of forty-six years and nearly five months, they were in female heirs ; which circumstance, added to the loss of property, and other reasons which my family had for permitting the titles to remain some time in a state of dormancy, must sufficiently account for the non-appearance of an Earl of Stirling at the elections of

* I obtained a service to this territorial earldom on the 30th of May 1831 ; when the jury, by their verdict found me to be " nearest and lawful heir of tailzie and provision " to William, the first Earl.

Scotch Representative Peers, until I was advised to attend at the election of Viscount Strathallan, on the 2d of June 1825. But my family possessed the honours, and certainly were not unmindful of their rights. After the death of my mother, last Countess of Stirling, in 1814, I employed all the time I could spare from other occupations, during ten years, in the duty of again collecting the scattered papers of my family, and the necessary evidences of my descent ; and when success had rewarded my exertions in that pursuit, I proceeded, strictly speaking, not as a claimant, (according to the too generally received, but most erroneous notion of the public,) but as the actual possessor of the Earldom, to vote, as above mentioned, at Lord Strathallan's election. I announced my intention of being present on that occasion some weeks previously thereto. I stated my case to that very learned, and well-known barrister, Mr (now Baron) Bolland, who gave his opinion that I was entitled to the inheritance of the peerage honours, which of course vested me with a right to exercise its privileges. • Upon that opinion, which my anxiety to do right in a matter of such moment had induced me to solicit from him, specially as to the propriety of taking up the titles, and going to Edinburgh to exercise my privileges of peerage at the election then approaching, and in which he recommended me to pursue that course, — and likewise upon the representation made to me by my agent, whose arguments appeared the more satisfactory to my mind, from the knowledge I had of his experience as a genealogist, I acted with the greatest confidence.

When I began my investigations in 1815, on my return from a twelve years' absence in France, (eleven of which as an English hostage,) it was without having money resources adequate to so great an undertaking *. I had the misfortune to be almost immediately opposed in my endeavours to recover the various documents, evidences, and proofs of descent, which had been abstracted from my grandmother by bribing a servant ; and, instead of obtaining, as I had flattered myself 1 should obtain, the generous assistance, in my researches, of certain noble and powerful families who could well have rendered it, much to their own advantage, I found them hostile, and only disposed to throw every impediment in my way. Amidst such unexpected difficulties, and, indeed, trials of all kinds, I however persevered, until, in 1825, I was advised, as I have said, both by counsel, and by the agent I had for some time employed, to take up at once the peerage titles of my family, and vote at the election of a Representative Peer. I took that decisive and important step, believing it to be the most proper and regular way of

* The wealth which my father had once possessed was in part swept away by the disasters whicli his bankers and others, who had large sums belonging to him, at Paris and in the departments of France, met with during the first great revolution. What he had remaining, in houses and estates in England, was subsequently carried off, in a great measure, by the consequences of his own detention and unhappy demise at Verdun-sur- Meuse, without having been able to settle his affairs.

commencing the public assertion of my rights. But this was precisely the most seriouS blunder, according to the opinion since expressed by my best friends, that I could have committed. It was beginning where I should have ended. My inexperience at the time did not enable me to foresee all the disastrous consequences of thus stirring up, before I had established my legal titles, a host of foes, and giving to the jarring elements of so many adverse interests excitement to oppose me. I dreamt not of the rage, the spite, the envy, the jealousy, the deadly hate, the accursed villany and dark intrigues that I was so unconsciously preparing, by my well-intentioned boldness, to have set at work against me...

What is past, however, cannot be recalled ; and as the course I did pursue alters not the correctness of the position I have to maintain, I hasten to resume my Narrative.

When I arrived in Edinburgh, the particulars of my descent, and the fact that I did not appear there in the character of a claimant, or as the representative of General William Alexander, (the usurper of my titles in 1760,) against whose heir certain resolutions of the House, of Lords would, have operated, having been clearly explained to the Peers who had arrived to attend the election, I was congratulated on my resumption (not assumption) of the ancient title.. I was received. at Holyroodhouse by the proper officers, on the election day, as a Peer, and was immediately ushered, into the private room, to wait there, with the other Peers, the time for proceeding to the gallery. When the Lord Provost and Magistrates entered to announce that all was ready for forming the procession to the gallery, the Earl of Glasgow stepped forward and gave the strongest proof of his own feelings, as well as of those by which the other Peers present were animated, by requesting that I would take the precedency as the premier, by the date of creation of my Earldom, amongst those assembled, I have thought it right to notice this incident, as proving the fact, often attempted to be denied, that I was recognised by the Peers present on that memorable day, even before I had entered the election gallery, or had exercised my privilege of voting. I took my place at the table, and on being called, answered to my title, took the oaths, and voted for Viscount Strathallan, without protest or objection of any sort.

Since that period I have repeatedly voted at general elections, (the last time. on the 10th of February 1835,) and in spite of some opposition from his Grace the Duke of Buccleuch, and the Earl of Lauderdale, my votes have always been received and counted.

It is particularly necessary to be understood, that I have also done every act required by the law and usages of Scotland, to establish myself in my peerage character. In those respects, though a lineal heir, and succeeding my mother, I strictly followed the example set, before my time, by numerous other existing Peers, or their predecessors, on succeeding to their titles, and who never went to the House of Lords for confirmation of dignity. The noble Lords to whom I allude were, it is believed, without a single exception, (and there are nearly twenty who come into the list,) collateral heirs ; some of them, indeed, very distant collaterals. But it is a mistaken idea that is at present entertained by a majority of the public, both in England and Scotland, that either lineal or collateral heirs of Scottish peerages are bound to prove their right before the House of Lords *. Very numerous instances could be adduced, to shew that even collaterals, except in the instance of a competition for the title, or when the descent of the heir was extremely doubtful, never took such a step, or thought of doing so. They took up their title, obtained services of heirship, and exercised their privilege of voting at elections, but did not apply to a committee of privileges to sanction what fell upon them in the course of descent. I had the superior advantage of succeeding as a lineal heir to my family honours. Four different juries of my countrymen have, by their verdicts, established the fact, that I am the lawful and only heir entitled to the honours of my family. I succeeded as the son of a Peeress, the grandson and nephew of Peers. My title stands uncontaminated upon the Great Roll ; and it is well to remark, that in a " return to an order of the Right Honourable the Lords Spiritual and Temporal, in " Parliament assembled," of the 23d of August 1831, requiring " that there be laid *' before this House a copy Of the Union Roll of the Peerage of Scotland, and a List of " all those Peers who voted at all general elections since the year 1800, distinguishing "each election," which was ordered to be printed 5th September 1831, my name appears in the lists for 1830 and 1831 ; on which occasions, as well as others preceding and subsequent thereto, I voted without protest : I say with perfect truth, without protest ; for both protests of the Duke of Buccleuch, and one by the Earl of Lauderdale in 1831, were against the officiating clerks at the Peers' elections, not direct protests against myself On the last occasion of the Duke's offering me so very unmeaning and useless a proof of his sentiments and hostility, I not only answered, but counterprotested against the reception of his Grace's vote; and I am advised that a similar course would be the proper one for me to adopt at any future election, if such protest should be repeated.

I cannot, however, suppose that the Duke of Buccleuch, or any other Scotch Peer, would persist in this kind of opposition. It is so inapplicable to my case, that it certainly must have been recurred to heretofore from a misconception of the real circumstances attending it. In the lofty station of the peerage, it cannot be imagined that any would put themselves forward in such a way from mere private considerations, or

* Not wishing to be thought presumptuous in hazarding authoritatively such an assertion as the above, I beg leave to refer any readers who would like to satisfy themselves on the subject, to " A Disquisition on the f Right of Jurisdiction In Peerage Successions, particularly the Peerage of Scotland," published by Ridgway, Piccadilly, 1830.

to gratify others' malice ; for were that the fact, what would such opposition amount to ? Would it be any thing better than useless annoyance, offered at the instigation of a hidden enemy, who wished to wound my feelings and to inflict an injury ? I have no desire to injure the noble Lords who have made me the object of their attacks ; nor should I have animadverted on their past conduct towards me, but in self-defence, and because it certainly is now required to shew the public what has been the true nature of the opposition I have met with. Every man of sense — every impartial and unprejudiced Englishman — will at once admit that I ought to have fair play, — that I ought not to be singled out for persecution, insult, and denial of right, when it is unquestionable that I have done as much as any of the Scotch Peers to whom allusion has been already made, and infinitely more than several amongst them, to shew and establish my right to the peerage. . They have long enjoyed their titles and privileges unchallenged either by Scotch or English authorities ; and pray, why am I denied the same advantages ? Is it meant for me to understand that there is one measure of justice for those Peers, and another for me ? That because they have been for a long series of years undisturbed, and have powerful connexions, wealth, and influence to protect them, their situations are different from mine ? Those who shall use such arguments may depend upon it they will not satisfy me, or drive me from the vantage ground I have obtained.' If any distinctions could with propriety be made, they would rather be expected in favour of the succession of the son to his mother, by law a Peeress, and in whose particular branch the honours had been vested from the year 1739, than in favour of such instances of collateral succession.

What says Wallace, an eminent writer upon the Scotch peerage ? Why, that " honours " are not enjoyed by any person to whom they devolve, under the will or no-ht " of inheritance of his ancestor ; but are derived, by every possessor of them, solely " from the favour of the King, as if each successive individual possible to come into " being, and inherit them, had been distinctly foreseen, particularly named, and origi- " nally called, in the royal charter which granted them. In consequence, a Peer re- " quires not a service, a conveyance, or the using of any form, to acquire a dignity that " is cast on him by descent ; but, on the death of his ancestor, is fully vested in it " merely by existence, and may assume it at pleasure."

Upon this principle, the collateral heirs in question conformed to.the laws and usages of Scotland only, in taking up the titles which devolved upon them, without applying to the House of Lords for allowance of dignity. In the right of succession to their honours, they justly deemed it unnecessary to do more than the laws of their own country required them to do. They were not questioned or challenged by any other parties, and therefore became entitled to them merely by descent. The House of