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Immediately this musty record of man's land lust assumes the formidableness of a battle the quick struggling with the dust. There are deeds of trust, mortgages, certificates of release, transfers, judgments, foreclosures, writs of attachment, orders of sale, tax liens, petitions for letters of administration, and decrees of distribution.
The conduct of the Duke of Lauderdale, who was the chief actor in these scenes of violence and iniquity, was completely approved and justified at court; but in consequence probably of the state of politics in England at a time when the Whigs were strongest in the House of Commons, some of these grievances were in part redressed, and the Highlanders, and writs of Lawburrows were recalled.
The King issued writs summoning his nobles to meet for his coronation on the 25th of February, but they took the opportunity of insisting that Gaveston should be dismissed from favor.
The aforesaid Marshal was resisted in no manner whatever, nor by any person whatever, in the execution of said writs, except by him whose arrest the Deputy Marshal was seeking to make.
To prevent anarchy there it is absolutely necessary that Congress provide the courts with some mode of obtaining jurors, and I recommend legislation to that end, and also that the probate courts of the Territory, now assuming to issue writs of injunction and habeas corpus and to try criminal cases and questions as to land titles, be denied all jurisdiction not possessed ordinarily by courts of that description.
Monk, whom he left in charge of the government, and on the 9th of February he set out again for Upper Canada, to dissolve the parliament. The existing parliament had been very refractory and had been admonished even by the late Governor-in-Chief. The Parliament was dissolved and writs for an election, returnable on the 11th of April, issued. Gaspé being very remotely situated was an exception.
Counsel being heard upon the subject, that incapacity was confirmed; and new writs were issued, that new members might be elected for the shires of Aberdeen and Linlithgow, in the room of William lord Haddo, and James lord Johnston. Petitions were likewise presented to the house of lords by some Scottish peers, concerning their right of voting and signing proxies.
But the scheme failed: they were overwhelmed with debt; writs were issued against them, and in trying to escape from the sheriff's officers, the countess fell from a window at the top of a house, and received injuries which proved fatal.
Now there can be no doubt that there was smuggling in the colony, even in Boston itself. On the other hand, the officials were inquisitorial and rapacious. Once they were armed with writs of assistance, no dwelling would be safe from entry by them. The struggle was at once begun, and in the council chamber of the old Town House was fought out before the eyes of the province.
I am, of course, not thinking of sheer fantasies, like A Midsummer Night's Dream, or Peter Pan, or The Blue Bird. They may, indeed, possess plausibility of the third order, but plausibility of the second order has no application to them. Its writs do not run on their extramundane plane.
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