At a Council holden at Halifax on the 12th day of February 1776
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Present |
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His Excellency the Governor |
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The Honorable |
Charles Morris |
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Richard Bulkeley |
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Henry Newton |
Counsellors. ー |
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Joseph Gorham |
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Arthur Goold |
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The Governor laid before the Council the Memorial of Mr Butler setting forth, that although in the proceedings of the preceeding Day, the 8th Instant on which the Council had been held, he had been Acquitted of having held any kind of Correspondence with the Rebels, ー Yet as being a Member of His Majesty's Council for this Province, and Commissary for Provisions, he conceives himself under greater Necessity of Clearing his reputation from any Suspicion whatever; Therefore praying that a Day may be Appointed for hearing him in Council, ー together with such persons as he may think, proper to produce and Question for his further Justification. ー
And Mr Butler Attending together with Mr Higgins, Mr Calbeck [Phillip Callbeck] & Mr Harris, the Persons called on by the Memorialist, the following Questions were put by him to Mr Higgins ー Vizt
Question
1st As you denied on your Examination on Thursday Evening having said the Words in my Parlour which Mr Harris mentioned in his Declaration, which were these, Vizt Sir, it is your Interest, had not your letters flown about at the [Provincial]Congress and at Cambridge I should not have seen You here. ー You will please to declare what were the Words you did Make use of at that time ー
It was not through the interest of your Letters flying about at Cambridge ー
What letters were they you referr'd to, to whom directed, & what was the Contents
Letters directed from Mr Butler to Mr Calbeck, reflecting on the Rebels in Strong Terms ー
Do you remember that the Lieut Governor said Sir, "Is it Mr Butler's Letters in England you Mean"
Yes, Mr [Michael] Francklin Used those Words, and I replied No Sir, Mr Butler's Letters at Cambridge ー
What do you think he Mean't by that Expression ー
That he did not think any letters of Mr Butler's could be at Cambridge. ー
What do you think was the reason that the Lieut Governor said, "You don't want this Person any More.["] (Meaning Mr Harris)
He looked on him as being One of my Hands, & did not appear as an Officer of a Man of War. ー
Did you know, or hear of any other Letters or Papers of Mine being at the Congress or Cambridge, and what were their Contents. ー
I heard General [Charles] Lee say there were several of Mr Butler's Letters at Cambridge, & further said he was damn'd Fellow, & so said Mr [Horatio] Gates Adjutant General of the Rebel Army. ー
Was not your Mate sent for to prove the Butter brought to me as Agent Victualler, and that he saw it, deliver'd the Kings Troops, out of my Stores. ー
Yes, he was sent for, for that purpose, but he did not Arrive, ー
Have I any concerns with you in Trade, or had I any heretofore ー
Did you ever hear or know of my being disloyal to my Sovereign ー
No ー On the Contrary Mr Butler said that if the Rebels were to come here, he would Tum out with the Regiment of Militia and Fight them as long as he could stand, and prove himself to be an Englishman. ー
Then Mr Calbeck was Questioned by Mr Butler as follows, Vizt
Sir, you will please to declare to the Governor and Council the purport of the Letter I wrote you last Fall, and which you declared on Thursday last Fell into the Hands of the Rebels, and was carried to the Congress at Cambridge ー
Being in the Administration of the Government of the Island of St Johns by the Absence of Governor Patterson, a Scarcity of provisions being there, I wrote to Mr Butler for a supply, And Also to give me information of News from Europe, to which Mr Butler signified his Willingness to give any relief; ー But he was unable, as he expected there would be an extraordinary demand on him, for the King's Troops, that reinforcements for the Army and Navy were expected from Europe, and further expressed himself to the purpose I related before the Council the other Day ー
Was that Letter returned to you. ー
It was, among other Papers by the Rebel Secretary, ー
I destroyed it fearing I might be Searched by the Country People, and Ill treated on that Account
Did you hear of any other Letters or Papers of Mine being at the Congress or Cambridge, what were their Contents and to whom directed. ー
Yes, a Letter you had Wrote as Contractor for a supply of Pease to be obtained in this Province, which had by some Means been intercepted by the Rebels. ー
Did you ever hear of my being disloyal to my Sovereign. ー
Mr. Newton was Questioned by Mr Butler Vizt
Sir, you will please to inform the Governor and Council what Conversation passed between you and me at my Accompting House the Morning of Mr Higgins Arrival from Winter Harbour
Hearing of the Arrival of Mr Higgins in the Schooner Lively, I went to enquire of Mr Butler what News he had brought, Mr Butler informed me that no great Judgement could be formed of what he said; as through a Fatigue from his Voyage and joy at his escape, his Mind seem'd disturbed: But, Mr Butler said he understood that himself had got into a scrape, as a Letter of his had been intercepted by the Rebels, in which he had talked roughly; and that if ever they came here, and were able to do any thing, he would be the first to Suffer ー
Mr [Thomas Am] Harris was then Questioned by Mr Butler Vizt ー
You'll please repeat the conversation that passed at my House, the Morning you called upon Mr Higgins, as expressed in your declaration of Thursday last
This Question was Answer'd to the same purpose with his declaration on the 8th Instant in Council ー
Who was in my Pa[r]lour when you first came in. ー
Mr Higgins & a Short lusty person in a Lac'd Coat
Did you make any Report in Consequence of hearing the Conversation, and to whom did you make it, and When
I made it the same Morning to Capt Bromwich [Hugh Bromedge] on board the Ship ー
What Answer did Captain Bromwich make in consequence of Your report
He said it was very well ー
As you heard no More of this Matter for more than five Weeks. What inducement had you to give the information to the Governor on Thursday last, who were the Persons. ー
I Informed an old Ship Mate of Mine who is Now an Officer in the Governor's Regiment who asked if I had any Objection to his mentioning of it to the Governor, to which I said No ー
Did not Mr Higgins appear to be in an Elatted and Confused State of Mind, when you first saw him on Board, And Also when speaking at my House ー
I do not know, I had never seen him before ー
Did you ever hear any report concerning my Loyalty to my Sovereign, or that it was under any doubt or Suspicion before the Arrival of Mr Higgins ー
None whatever, that I remember ー
On all which the Governor and Council were unanimously of Opinion that Mr Butler had given the fullest satisfaction in regard to the whole enquiry, and had Clearly Acquitted himself of any imputation whatever respecting his Loyalty, Fidelity, and Attachment to the King. ー 2