Pierre du Calvet
Encyclopedia
Pierre du Calvet was a Montreal
trader
, justice of the peace
, political prisoner
and epistle
writer of French
Huguenot
origin.
in the French province of Guyenne
(today the Tarn-et-Garonne
département). He was the oldest of a family of five children. His father, Pierre Calvet, of Calvinist confession, had his children baptized as Catholics. He however passed on his Protestant faith to them. His mother was Anne Boudet. His family is said to be of noble origin and owned a domain at Montalzat
, north of Toulouse
.
An ancestor, François Calvet
, was hanged on June 23, 1563 for introducing the Reform
in Montauban
.
, French law, the Law of Nations and the philosophy of his time, that of the Enlightenment
. In the main epistle of his Appel à la Justice de l'État, he quotes long excerpts from Pufendorf, Gratian
, Grotius, Locke
and Machiavelli.
in April 1758. His boat was shipwrecked about 100 miles from Quebec. His cargo lost, he was forced to find employment on his arrival in the capital of Canada towards mid-June.
On behalf of the government of New France, he was store keeper at Miramichi
and Restigouche
in Acadia. He was responsible to provide for the needs of three to four thousand Acadians deported by the British government in 1755. He remained there until autumn 1759.
In the summer of 1759, he took part to a mission to transfer British war prisoners to Halifax
under officer Jean-François Bourdon de Dombourg. Lieutenant William Caesar McCormick, one of the prisoners who was an officer, wrote him a letter of appreciation dated August 28 for the good care given to all the prisoners. On September 10, he was also given a certificate recognizing the humane treatment of the said prisoners.
Du Calvet thereafter left for Montreal after having learned, while passing through Quebec City, that the Vaudreuil
government had removed there following the city's capitulation
. He remained in Montreal until January 1760.
He was again charged with a mission in Acadia, this time to perform a population census on the Acadians and determine ways to provide assistance to them. He left Montreal on January 18, at the head of a group of some 60 Acadians and a few Amerindian guides. With him was the commander in chief of French Acadia, Mr. Boishébert. Upon his return, he was almost immediately sent to Sainte-Foy
for the last important battle
between the French and British Armies before the capitulation
and surrender of Montreal on September 8. He left for Quebec City on April 20, accompanying the expedition commanded by de Lévis
. In a letter to his father date June 28, du Cavet recites the historic battle and the subsequent siege. The siege was lift up on May 16, and du Calvet returned to Montreal with everyone else still alive.
Following the capitulation of the government of New France on September 8, 1760, he remained in Montreal. During the winter, he met with William Caesar McCormick again and was recommended to General Jeffrey Amherst by him. Du Calvet, was determined to return to Europe and consequently was in need to get to Quebec to obtain a passport from governor James Murray, not without first obtaining another passport from governor Thomas Gage
to be authorized to leave the district of Montreal. Governor Murray however requested that du Calvet delays his departure to go on yet another mission in Acadia. His task was to count the number of Acadians still left in Acadia and offer them to be transported safely to Quebec. This last humanitarian mission, which he accepted, kept him busy from July to October 1761. It seems he abandoned his project to return to Europe afterward because in January 1762, he was in Montreal.
and Robert Rashleigh) bound for England and Spain. In return he imported various goods from Europe such as spirits and products for domestic use. His trade was prosperous. Between 1772 and 1776, he exported approximately 35,000 minots of corn, 800 pea minots plus some peltries, and imported great quantities of goods which he sold off in the district of Montreal. On March 3, 1774, he purchased the seigniory of Rivière-David, close to Sorel
.
In 1763, he learned of the death of one of his uncles living in South Carolina
and two months later that of his father in France.
In the summer of 1764, he left the province of Quebec for London
from where he dealt with the succession of his uncle. He then passed to France to sell the family domain of Montalzat. He only came back to Montreal in June 1766. During his absence, Jean Dumas-Saint-Martin and Pierre Jusseaume dit Saint-Pierre conducted his private affairs in America. During this long voyage in Europe, he made several contacts in the English-speaking world. Even if his English was defective, he was well received a little everywhere, helped as he was with invaluable letters of introductions from governor Murray. Amongst others, he met the governor's brother, Lord Elibank
, who resided at Greenock
in Scotland
. In London, he met with George Montagu-Dunk
, 2nd Earl of Halifax
, British Secretary of State for the Southern Department
.
In Paris, he landed with letters of introductions for Francis Seymour-Conway
, 1st Marquess of Hertford
, the British Ambassador to France and his secretary, David Hume
, the already famous philosopher, who both interceded in his favour before the Comte de Saint-Florentin
. All this support was necessary for him to ensure the liquidation of his succession because he was Protestant and the French laws were then unfavourable to non-Catholics. In January 1766, after a year long sojourn, the business was over with and he went back to London. In the Spring, he embarked for Quebec on board a vessel named the General Conway.
On June 23, 1766, governor Murray appointed him Justice of the Peace
at the new Court of Common Pleas
for the district of Montreal. Hardly just returned, he again left Canada, in November, to deal with trade matters in England, and only returned home in April 1767, called by his duty of Justice of the Peace.
Du Calvet seemed to have put a great zeal in the exercise of his public duties and was soon praised by the Chief Justice the province, William Hey. He handled a very great number of causes and did not ask for any fees at all.
. Sadly, this last child died on May 11, having had one too difficult winter. The mother joined her first and her last in the tomb in December of the same year.
Du Calvet found a nurse, dame La Prise, to take care of Jean Dumas, his second son.
which aimed for the uniformisation of the administration of justice in the Province of Quebec. The new administrative measures promulgated on February 1 did not satisfy him and he continued to voice for reform thereafter. He wrote a few open letters which he published in the Quebec Gazette/Gazette de Québec, the only newspaper in the colony at the time.
On October 28, 1770, he submitted the Secretary of State for the Colonies
, Wills Hill, Earl of Hillsborough
, a memoir entitled Mémoire sur la forme judiciaire actuelle de la Province de Québec.
His public denunciation of the abuses of justice by certain judges among his colleagues attracted him both friends and enemies. His actions for the improvement of the system and administration of justice were praised by Governor Carleton, attorney general Francis Maseres
and Chief Justice William Hey. He however was placed at odds with a few fellow-members in the magistracy, of whom his neighbour John Fraser
, as well as Edward Southouse and René-Ovide Hertel de Rouville.
John Fraser, captain of 60th British Royal Regiment, became Justice of the Peace in 1765, shortly after being released, for lack of evidence, in a case of violence involving him and merchant Thomas Walker
, friend of du Calvet, who on September 6, 1764 lost an ear during an assault on his person. According to du Calvet, John Fraser entertained animosity towards him from this period. On June 29, 1771, Fraser and du Calvet engaged in a fist fight in front of du Calvet's house, that is opposite that of Fraser.
addressed a letter to the inhabitants of the province in which the form of government given to the people by the Quebec Act
was severely criticized. The people were invited to give themselves the provincial representation the Quebec Act did not provide for, and have this representative body send delegates to the upcoming continental Congress, to be held in Philadelphia on May 10, 1775.
In the climate of high suspicion that precedes the entry of the Congress's army on the territory of the Province of Quebec, many citizens were arrested and among them was du Calvet. Joseph Simon Léonard, officer of militia at Pointe-aux-Trembles
, accused du Calvet of collaboration with the "rebels". On the 6h of October, his case was heard before the court and on the 9th a jury rejected the accusation as unfounded.
On November 13, Montreal was taken by the army of Brigadier General Richard Montgomery
without a fight. Du Calvet was part of a committee of citizens who greeted the representatives of the Continental Congress with an address, written by Valentin Jautard on November 14. During the 6-month long occupation of Montreal by the Congress' armies, du Calvet's stores were under requisition for the service of the army.
On May 6, British reinforcements commanded by John Burgoyne
arrived at Quebec. The Congress' troops were defeated at Trois-Rivières
on June 8, and on the 15th of the same, Benedict Arnold
withdrew his men from the province of Quebec. Before leaving the country, the army of the Congress had delivered du Calvet promissory notes of reimbursement which he later used to claim back 56,394 pounds to the Congress.
Frederick Haldimand
was appointed to replace Guy Carleton in the spring of 1777 and landed in the province's capital on June 26, 1778. A month before, Fleury Mesplet
had founded the first newspaper of Montreal and the first French-only one in the history of Quebec as well. Pierre du Calvet continued his public denunciation of the administration of justice by publishing open letters in it.
On May 26, he published an open denunciation of his colleagues Edward Southouse and René-Ovide Hertel de Rouville. James Monk
, the attorney general, sued du Calvet for libel. He was defended by lawyer William Dummer Powell
and acquitted by a jury declaring no grounds for the accusation.
proceeded to arrest du Calvet. He was incarcerated during three years, from September 27, 1780 to May 2, 1783. From the first day of his arrest, he never ceased to claim his innocence and requested that a legal trial be given to him.
On December 6, 1780, a little over a month after his arrest, governor Haldimand accepted the request for the release of du Calvet which legislative counsellor François Lévesque
had submitted him. The Governor however changed his mind the day after.
On May 2, 1783, he was finally released from prison.
In March 1784, he published The Case of Peter du Calvet to let his cause be known to the English public. Not conversant in the English language, he received the help of Francis Maseres and Petier Livius to write the document, which contains a detailed account of his confrontation with judge Fraser, his arrest, sequestration, his numerous letters asking to be trialled before a jury of his peers, etc.
In July, he published Appel à la Justice de l'État, a collection of letters to British officials and to the people of Quebec, intended to inform them of his actions to obtain both justice in his personal cause and a new constitution for the province.
The same year, Félix de Berey, mocked by du Calvet in one of his open letters, published Réplique par le P. de Berey aux calomnies de Pierre du Calvet.
To finance his lawsuit against Haldimand, he needed money. While in London he decided to cross the Atlantic to reach Philadelphia and recover the money owed to him by the American Congress. He presented himself before the Congressmen to claim the amount he believed was his, but was paid back only parts of it. On March 3, the Spanish ship transporting him to Paris left the port of New York. On March 15, the Spanish ship was declared lost in sea.
Louis-Joseph Papineau
evoked his memory in his last public speech at the Institut canadien de Montréal
in December 1867. Like numerous others of his generation, he knew the story of du Calvet, and possibly met him as he was an acquaintance of his father.
In 1877, Louis Fréchette dedicated a poem entitled Du Calvet in his collection of poems La Légende d'un peuple. Relating in verse the story of his fight, he made him a national hero, the "first champion of our civic battles".
Éva Circé-Côté
dedicated chapter V of her book Papineau - Son influence sur la pensée canadienne to "the one who inaugurated the most glorious period of our annals".
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
trader
Merchant
A merchant is a businessperson who trades in commodities that were produced by others, in order to earn a profit.Merchants can be one of two types:# A wholesale merchant operates in the chain between producer and retail merchant...
, justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, political prisoner
Political prisoner
According to the Longman Dictionary of Contemporary English, a political prisoner is ‘someone who is in prison because they have opposed or criticized the government of their own country’....
and epistle
Epistle
An epistle is a writing directed or sent to a person or group of people, usually an elegant and formal didactic letter. The epistle genre of letter-writing was common in ancient Egypt as part of the scribal-school writing curriculum. The letters in the New Testament from Apostles to Christians...
writer of French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
Huguenot
Huguenot
The Huguenots were members of the Protestant Reformed Church of France during the 16th and 17th centuries. Since the 17th century, people who formerly would have been called Huguenots have instead simply been called French Protestants, a title suggested by their German co-religionists, the...
origin.
Family
Pierre du Calvet was born in the Summer of 1735 in CaussadeCaussade
Caussade is a commune in the Tarn-et-Garonne department in the Midi-Pyrénées region in southern France.-References:*...
in the French province of Guyenne
Guyenne
Guyenne or Guienne , , ; Occitan Guiana ) is a vaguely defined historic region of south-western France. The Province of Guyenne, sometimes called the Province of Guyenne and Gascony, was a large province of pre-revolutionary France....
(today the Tarn-et-Garonne
Tarn-et-Garonne
Tarn-et-Garonne is a French department in the southwest of France. It is traversed by the Rivers Tarn and Garonne, from which it takes its name.-History:...
département). He was the oldest of a family of five children. His father, Pierre Calvet, of Calvinist confession, had his children baptized as Catholics. He however passed on his Protestant faith to them. His mother was Anne Boudet. His family is said to be of noble origin and owned a domain at Montalzat
Montalzat
Montalzat is a commune in the Tarn-et-Garonne department in the Midi-Pyrénées region in southern France.-References:*...
, north of Toulouse
Toulouse
Toulouse is a city in the Haute-Garonne department in southwestern FranceIt lies on the banks of the River Garonne, 590 km away from Paris and half-way between the Atlantic Ocean and the Mediterranean Sea...
.
An ancestor, François Calvet
François Calvet
François Calvet is a French politician, a member of the National Assembly. He represents the Pyrénées-Orientales department, and is a member of the Union for a Popular Movement.-References:...
, was hanged on June 23, 1563 for introducing the Reform
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
in Montauban
Montauban
Montauban is a commune in the Tarn-et-Garonne department in the Midi-Pyrénées region in southern France. It is the capital of the department and lies north of Toulouse....
.
Education
He received a Catholic education without renouncing his Calvinism. Judging from his writings, he certainly studied the HumanitiesHumanities
The humanities are academic disciplines that study the human condition, using methods that are primarily analytical, critical, or speculative, as distinguished from the mainly empirical approaches of the natural sciences....
, French law, the Law of Nations and the philosophy of his time, that of the Enlightenment
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
. In the main epistle of his Appel à la Justice de l'État, he quotes long excerpts from Pufendorf, Gratian
Gratian
Gratian was Roman Emperor from 375 to 383.The eldest son of Valentinian I, during his youth Gratian accompanied his father on several campaigns along the Rhine and Danube frontiers. Upon the death of Valentinian in 375, Gratian's brother Valentinian II was declared emperor by his father's soldiers...
, Grotius, Locke
John Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
and Machiavelli.
Emigration to New France
A cousin-in-law, Mr. Guireaud, provided him with the capital needed to purchase the goods he intended to trade in New France. Du Calvet thus embarked for Quebec City onboard the merchant ship Le Lion, which left BordeauxBordeaux
Bordeaux is a port city on the Garonne River in the Gironde department in southwestern France.The Bordeaux-Arcachon-Libourne metropolitan area, has a population of 1,010,000 and constitutes the sixth-largest urban area in France. It is the capital of the Aquitaine region, as well as the prefecture...
in April 1758. His boat was shipwrecked about 100 miles from Quebec. His cargo lost, he was forced to find employment on his arrival in the capital of Canada towards mid-June.
On behalf of the government of New France, he was store keeper at Miramichi
Miramichi, New Brunswick
Miramichi is the largest city in northern New Brunswick, Canada. It is situated at the mouth of the Miramichi River where it enters Miramichi Bay...
and Restigouche
Restigouche
Restigouche, deriving from the Míkmaq name Listuguj , is the name of several geographic and political features in northern New Brunswick and neighbouring Quebec:* HMCS Restigouche, two naval vessels...
in Acadia. He was responsible to provide for the needs of three to four thousand Acadians deported by the British government in 1755. He remained there until autumn 1759.
In the summer of 1759, he took part to a mission to transfer British war prisoners to Halifax
City of Halifax
Halifax is a city in Canada, which was the capital of the province of Nova Scotia and shire town of Halifax County. It was the largest city in Atlantic Canada until it was amalgamated into Halifax Regional Municipality in 1996...
under officer Jean-François Bourdon de Dombourg. Lieutenant William Caesar McCormick, one of the prisoners who was an officer, wrote him a letter of appreciation dated August 28 for the good care given to all the prisoners. On September 10, he was also given a certificate recognizing the humane treatment of the said prisoners.
Du Calvet thereafter left for Montreal after having learned, while passing through Quebec City, that the Vaudreuil
Pierre François de Rigaud, Marquis de Vaudreuil-Cavagnal
Pierre François de Rigaud, Marquis de Vaudreuil-Cavagnal was a Canadian-born French colonial governor in North America...
government had removed there following the city's capitulation
Articles of Capitulation of Quebec
The Articles of Capitulation of Quebec were agreed upon between Jean-Baptiste-Nicolas-Roch de Ramezay, King's Lieutenant, Admiral Sir Charles Saunders, and General George Townshend on behalf the French and British crowns during the Seven Years' War...
. He remained in Montreal until January 1760.
He was again charged with a mission in Acadia, this time to perform a population census on the Acadians and determine ways to provide assistance to them. He left Montreal on January 18, at the head of a group of some 60 Acadians and a few Amerindian guides. With him was the commander in chief of French Acadia, Mr. Boishébert. Upon his return, he was almost immediately sent to Sainte-Foy
Sainte-Foy
Sainte Foy or Sainte Foi is a French expression meaning either Saint Faith, as a person, or "holy faith" .See also Santa Fe.Sainte-Foy is the name or part of the name of several places:-In France:...
for the last important battle
Battle of Sainte-Foy
The Battle of Sainte-Foy, sometimes called the Battle of Quebec, was fought on April 28, 1760 near the British-held town of Quebec in the French province of Canada during the Seven Years' War . It was a victory for the French under the Chevalier de Lévis over the British army under General Murray...
between the French and British Armies before the capitulation
Articles of Capitulation of Montreal
The Articles of Capitulation of Montreal were agreed upon between the Governor General of New France, Pierre François de Rigaud, Marquis de Vaudreuil-Cavagnal, and Major-General Jeffrey Amherst on behalf of the French and British crowns...
and surrender of Montreal on September 8. He left for Quebec City on April 20, accompanying the expedition commanded by de Lévis
Francis de Gaston, Chevalier de Levis
François de Gaston, Chevalier de Lévis , born in Ajac, Aude, was a French noble and a Marshal of France. He served with distinction in the War of the Polish Succession and the War of the Austrian Succession, and served as a capable second in command to Louis-Joseph de Montcalm in the defense of New...
. In a letter to his father date June 28, du Cavet recites the historic battle and the subsequent siege. The siege was lift up on May 16, and du Calvet returned to Montreal with everyone else still alive.
Following the capitulation of the government of New France on September 8, 1760, he remained in Montreal. During the winter, he met with William Caesar McCormick again and was recommended to General Jeffrey Amherst by him. Du Calvet, was determined to return to Europe and consequently was in need to get to Quebec to obtain a passport from governor James Murray, not without first obtaining another passport from governor Thomas Gage
Thomas Gage
Thomas Gage was a British general, best known for his many years of service in North America, including his role as military commander in the early days of the American War of Independence....
to be authorized to leave the district of Montreal. Governor Murray however requested that du Calvet delays his departure to go on yet another mission in Acadia. His task was to count the number of Acadians still left in Acadia and offer them to be transported safely to Quebec. This last humanitarian mission, which he accepted, kept him busy from July to October 1761. It seems he abandoned his project to return to Europe afterward because in January 1762, he was in Montreal.
Trader and Justice of the Peace
In January 1762, he settled in Montreal where he finally started his import-export business. He exported corn and peltries which he loaded aboard the trading vessels of the Watson & Rashleigh company (Brook WatsonBrook Watson
Sir Brook Watson, 1st Baronet was a British merchant, soldier, and later Lord Mayor of London, perhaps most famous as the subject of Watson and the Shark , a painting by John Singleton Copley which depicted a shark attack on Watson as a boy, as a result of which he lost his right leg below the...
and Robert Rashleigh) bound for England and Spain. In return he imported various goods from Europe such as spirits and products for domestic use. His trade was prosperous. Between 1772 and 1776, he exported approximately 35,000 minots of corn, 800 pea minots plus some peltries, and imported great quantities of goods which he sold off in the district of Montreal. On March 3, 1774, he purchased the seigniory of Rivière-David, close to Sorel
Sorel
Sorel is a line of winter boots, currently a subsidiary of Columbia Sportswear. The boot has long been popular in Canada for its high quality and warmth. The Sorel line was introduced in 1962 by Kitchener, Ontario-based Kaufman Rubber Co. , and became the world's best-selling cold weather boot...
.
In 1763, he learned of the death of one of his uncles living in South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
and two months later that of his father in France.
In the summer of 1764, he left the province of Quebec for London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
from where he dealt with the succession of his uncle. He then passed to France to sell the family domain of Montalzat. He only came back to Montreal in June 1766. During his absence, Jean Dumas-Saint-Martin and Pierre Jusseaume dit Saint-Pierre conducted his private affairs in America. During this long voyage in Europe, he made several contacts in the English-speaking world. Even if his English was defective, he was well received a little everywhere, helped as he was with invaluable letters of introductions from governor Murray. Amongst others, he met the governor's brother, Lord Elibank
Lord Elibank
Lord Elibank, of Ettrick Forest in the County of Selkirk, is a title in the Peerage of Scotland. It was created in 1643 for Sir Patrick Murray, 1st Baronet, with remainder to his heirs male whatsoever. He had already been created a Baronet, of Elibank, in the Baronetage of Nova Scotia in 1628. His...
, who resided at Greenock
Greenock
Greenock is a town and administrative centre in the Inverclyde council area in United Kingdom, and a former burgh within the historic county of Renfrewshire, located in the west central Lowlands of Scotland...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. In London, he met with George Montagu-Dunk
George Montagu-Dunk, 2nd Earl of Halifax
George Montagu-Dunk, 2nd Earl of Halifax, KG, PC was a British statesman of the Georgian era.-Early life:...
, 2nd Earl of Halifax
Earl of Halifax
Earl of Halifax is a title that has been created four times in British history, once in the Peerage of England, twice in the Peerage of Great Britain and once in the Peerage of the United Kingdom. The name of the peerage refers to Halifax, West Yorkshire....
, British Secretary of State for the Southern Department
Secretary of State for the Southern Department
The Secretary of State for the Southern Department was a position in the cabinet of the government of Kingdom of Great Britain up to 1782.Before 1782, the responsibilities of the two British Secretaries of State were divided not based on the principles of modern ministerial divisions, but...
.
In Paris, he landed with letters of introductions for Francis Seymour-Conway
Francis Seymour-Conway, 1st Marquess of Hertford
Francis Seymour-Conway, 1st Marquess of Hertford KG, PC, PC was a British courtier and politician.He was born in Chelsea, London the son of Francis Seymour-Conway, 1st Lord Conway and Charlotte Shorter and died in Surrey, England...
, 1st Marquess of Hertford
Marquess of Hertford
The titles of Earl of Hertford and Marquess of Hertford have been created several times in the peerages of England and Great Britain.The third Earldom of Hertford was created in 1559 for Edward Seymour, who was simultaneously created Baron Beauchamp of Hache...
, the British Ambassador to France and his secretary, David Hume
David Hume
David Hume was a Scottish philosopher, historian, economist, and essayist, known especially for his philosophical empiricism and skepticism. He was one of the most important figures in the history of Western philosophy and the Scottish Enlightenment...
, the already famous philosopher, who both interceded in his favour before the Comte de Saint-Florentin
Louis Phélypeaux (1705-1777)
Louis Phélypeaux comte de Saint-Florentin, marquis and duc de La Vrillière , was a French politician.Son of Louis Phélypeaux, marquis de La Vrillière, and Françoise de Mailly-Nesle , he succeeded his father as minister for the "so-called Reformed religion", that is with responsibility for Huguenots...
. All this support was necessary for him to ensure the liquidation of his succession because he was Protestant and the French laws were then unfavourable to non-Catholics. In January 1766, after a year long sojourn, the business was over with and he went back to London. In the Spring, he embarked for Quebec on board a vessel named the General Conway.
On June 23, 1766, governor Murray appointed him Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
at the new Court of Common Pleas
Court of Common Pleas
Court of Common Pleas may refer to several different courts:England and Wales and Ireland:* Court of Common Pleas * Court of Common Pleas...
for the district of Montreal. Hardly just returned, he again left Canada, in November, to deal with trade matters in England, and only returned home in April 1767, called by his duty of Justice of the Peace.
Du Calvet seemed to have put a great zeal in the exercise of his public duties and was soon praised by the Chief Justice the province, William Hey. He handled a very great number of causes and did not ask for any fees at all.
Marriage
On October 3, 1771, at 36 years of age, he married Marie-Louise Jusseaume. 20 years old, she was the daughter of his friend Pierre Jusseaume and Marie-Louise Boulay-dit-Boulet. The new couple settled in a city house at the corner of Saint-Paul and Bonsecours streets. A first child, a boy, was born July 7, 1772. The small Jean-Pierre died in early age on the coming August 31. On November 8, 1773, Marie-Louise gave birth to a second boy, whom they name Jean Dumas, in honour of the child's godfather Jean Dumas Saint-Pierre. The couple had a third boy on October 16, 1774. He was named Guy, in honour of governor Guy CarletonGuy Carleton, 1st Baron Dorchester
Guy Carleton, 1st Baron Dorchester, KB , known between 1776 and 1786 as Sir Guy Carleton, was an Irish-British soldier and administrator...
. Sadly, this last child died on May 11, having had one too difficult winter. The mother joined her first and her last in the tomb in December of the same year.
Du Calvet found a nurse, dame La Prise, to take care of Jean Dumas, his second son.
Political engagement
In 1769, he submitted a reform plan to the new governor Guy CarletonGuy Carleton, 1st Baron Dorchester
Guy Carleton, 1st Baron Dorchester, KB , known between 1776 and 1786 as Sir Guy Carleton, was an Irish-British soldier and administrator...
which aimed for the uniformisation of the administration of justice in the Province of Quebec. The new administrative measures promulgated on February 1 did not satisfy him and he continued to voice for reform thereafter. He wrote a few open letters which he published in the Quebec Gazette/Gazette de Québec, the only newspaper in the colony at the time.
On October 28, 1770, he submitted the Secretary of State for the Colonies
Secretary of State for the Colonies
The Secretary of State for the Colonies or Colonial Secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies....
, Wills Hill, Earl of Hillsborough
Wills Hill, 1st Marquess of Downshire
Wills Hill, 1st Marquess of Downshire PC , known as the Viscount Hillsborough from 1742 to 1751 and as the Earl of Hillsborough from 1751 to 1789, was a British politician of the Georgian era...
, a memoir entitled Mémoire sur la forme judiciaire actuelle de la Province de Québec.
His public denunciation of the abuses of justice by certain judges among his colleagues attracted him both friends and enemies. His actions for the improvement of the system and administration of justice were praised by Governor Carleton, attorney general Francis Maseres
Francis Maseres
Francis Maseres was an English lawyer. He is known as attorney general of the Province of Quebec, judge, mathematician, historian, member of the Royal Society, and cursitor baron of the exchequer.- Biography :...
and Chief Justice William Hey. He however was placed at odds with a few fellow-members in the magistracy, of whom his neighbour John Fraser
John Fraser
-Politics:*John James Fraser , Canadian politician*John Fraser , Canadian Member of Parliament for Lambton East, Ontario...
, as well as Edward Southouse and René-Ovide Hertel de Rouville.
John Fraser, captain of 60th British Royal Regiment, became Justice of the Peace in 1765, shortly after being released, for lack of evidence, in a case of violence involving him and merchant Thomas Walker
Thomas Walker (Canadian politician)
Thomas Walker was a lawyer and political figure in Lower Canada.He served as clerk in the Court of Common Pleas for Montreal District in 1779. Walker was named to the bar the following year. In 1783, he was employed at Quebec City to recover merchandise and funds in the bankruptcy of a firm there....
, friend of du Calvet, who on September 6, 1764 lost an ear during an assault on his person. According to du Calvet, John Fraser entertained animosity towards him from this period. On June 29, 1771, Fraser and du Calvet engaged in a fist fight in front of du Calvet's house, that is opposite that of Fraser.
American Revolutionary War
On October 26, the first Continental CongressContinental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
addressed a letter to the inhabitants of the province in which the form of government given to the people by the Quebec Act
Quebec Act
The Quebec Act of 1774 was an Act of the Parliament of Great Britain setting procedures of governance in the Province of Quebec...
was severely criticized. The people were invited to give themselves the provincial representation the Quebec Act did not provide for, and have this representative body send delegates to the upcoming continental Congress, to be held in Philadelphia on May 10, 1775.
In the climate of high suspicion that precedes the entry of the Congress's army on the territory of the Province of Quebec, many citizens were arrested and among them was du Calvet. Joseph Simon Léonard, officer of militia at Pointe-aux-Trembles
Pointe-aux-Trembles
Pointe-aux-Trembles was a municipality, founded in 1674, that was annexed by Montreal, Quebec, Canada, in 1982. This was the last city to be merged into Montreal until the 2002 municipal reorganization of districts and municipalities as boroughs....
, accused du Calvet of collaboration with the "rebels". On the 6h of October, his case was heard before the court and on the 9th a jury rejected the accusation as unfounded.
On November 13, Montreal was taken by the army of Brigadier General Richard Montgomery
Richard Montgomery
Richard Montgomery was an Irish-born soldier who first served in the British Army. He later became a brigadier-general in the Continental Army during the American Revolutionary War and he is most famous for leading the failed 1775 invasion of Canada.Montgomery was born and raised in Ireland...
without a fight. Du Calvet was part of a committee of citizens who greeted the representatives of the Continental Congress with an address, written by Valentin Jautard on November 14. During the 6-month long occupation of Montreal by the Congress' armies, du Calvet's stores were under requisition for the service of the army.
On May 6, British reinforcements commanded by John Burgoyne
John Burgoyne
General John Burgoyne was a British army officer, politician and dramatist. He first saw action during the Seven Years' War when he participated in several battles, mostly notably during the Portugal Campaign of 1762....
arrived at Quebec. The Congress' troops were defeated at Trois-Rivières
Trois-Rivières
Trois-Rivières means three rivers in French and may refer to:in Canada*Trois-Rivières, the largest city in the Mauricie region of Quebec, Canada*Circuit Trois-Rivières, a racetrack in Trois-Rivières, Quebec...
on June 8, and on the 15th of the same, Benedict Arnold
Benedict Arnold
Benedict Arnold V was a general during the American Revolutionary War. He began the war in the Continental Army but later defected to the British Army. While a general on the American side, he obtained command of the fort at West Point, New York, and plotted to surrender it to the British forces...
withdrew his men from the province of Quebec. Before leaving the country, the army of the Congress had delivered du Calvet promissory notes of reimbursement which he later used to claim back 56,394 pounds to the Congress.
Frederick Haldimand
Frederick Haldimand
Sir Frederick Haldimand, KB was a military officer best known for his service in the British Army in North America during the Seven Years' War and the American Revolutionary War...
was appointed to replace Guy Carleton in the spring of 1777 and landed in the province's capital on June 26, 1778. A month before, Fleury Mesplet
Fleury Mesplet
Fleury Mesplet was a French-born Canadian printer.Born in Marseille and apprenticed in Lyon, he emigrated to London in 1773 where he set up shop in Covent Garden. In 1774 he emigrated to Philadelphia; it is thought that he may have been persuaded to do so by Benjamin Franklin...
had founded the first newspaper of Montreal and the first French-only one in the history of Quebec as well. Pierre du Calvet continued his public denunciation of the administration of justice by publishing open letters in it.
On May 26, he published an open denunciation of his colleagues Edward Southouse and René-Ovide Hertel de Rouville. James Monk
James Monk
Sir James Monk was Chief Justice of Lower Canada. He was born in Boston, Massachusetts and educated in Halifax, Nova Scotia where his father had settled in 1749....
, the attorney general, sued du Calvet for libel. He was defended by lawyer William Dummer Powell
William Dummer Powell
William Dummer Powell was a Loyalist lawyer, judge and political figure in Upper Canada.-Early life and education:...
and acquitted by a jury declaring no grounds for the accusation.
Political prisoner
On September 27, 1780, brigadier general Allan MacleanAllan Maclean
Allan Maclean may refer to:*Sir Allan Maclean, 6th Baronet *Sir Allan Maclean, 3rd Baronet *Allan Maclean of Torloisk, Jacobite general *Allan Maclean, 10th Laird of Ardgour...
proceeded to arrest du Calvet. He was incarcerated during three years, from September 27, 1780 to May 2, 1783. From the first day of his arrest, he never ceased to claim his innocence and requested that a legal trial be given to him.
On December 6, 1780, a little over a month after his arrest, governor Haldimand accepted the request for the release of du Calvet which legislative counsellor François Lévesque
François Lévesque
François Lévesque was a French-born merchant and political figure in Quebec. He served as a member of the Legislative and Executive Councils....
had submitted him. The Governor however changed his mind the day after.
On May 2, 1783, he was finally released from prison.
Appel à la Justice de l'État and death
Out of prison, du Calvet left the continent for London where he intended to put governor Haldimand to trial for violating the British constitution.In March 1784, he published The Case of Peter du Calvet to let his cause be known to the English public. Not conversant in the English language, he received the help of Francis Maseres and Petier Livius to write the document, which contains a detailed account of his confrontation with judge Fraser, his arrest, sequestration, his numerous letters asking to be trialled before a jury of his peers, etc.
In July, he published Appel à la Justice de l'État, a collection of letters to British officials and to the people of Quebec, intended to inform them of his actions to obtain both justice in his personal cause and a new constitution for the province.
The same year, Félix de Berey, mocked by du Calvet in one of his open letters, published Réplique par le P. de Berey aux calomnies de Pierre du Calvet.
To finance his lawsuit against Haldimand, he needed money. While in London he decided to cross the Atlantic to reach Philadelphia and recover the money owed to him by the American Congress. He presented himself before the Congressmen to claim the amount he believed was his, but was paid back only parts of it. On March 3, the Spanish ship transporting him to Paris left the port of New York. On March 15, the Spanish ship was declared lost in sea.
Political heritage
While the trial of Haldimand never took place, the actions taken by du Calvet had a decisive influence on the course of Quebec's history. He undoubtedly contributed to the involvement of citizens, French-speaking and English-speaking, Catholic and Protestant, in a common effort to obtain a House of Assembly for the Province of Quebec. Indeed, a few months after the probable arrival of the first copies of his collection of letters, numerous persons were signing the Petition of Ancient and New Subjects for a House of Assembly dated November 24, 1784.Louis-Joseph Papineau
Louis-Joseph Papineau
Louis-Joseph Papineau , born in Montreal, Quebec, was a politician, lawyer, and the landlord of the seigneurie de la Petite-Nation. He was the leader of the reformist Patriote movement before the Lower Canada Rebellion of 1837–1838. His father was Joseph Papineau, also a famous politician in Quebec...
evoked his memory in his last public speech at the Institut canadien de Montréal
Institut canadien de Montréal
The Institut canadien de Montréal was founded on 17 December 1844, by a group of 200 young liberal professionals in Montreal, Quebec, Canada. The Institute was a public library and debating room for the literary and scientific society, which would later come into conflict with the Roman Catholic...
in December 1867. Like numerous others of his generation, he knew the story of du Calvet, and possibly met him as he was an acquaintance of his father.
In 1877, Louis Fréchette dedicated a poem entitled Du Calvet in his collection of poems La Légende d'un peuple. Relating in verse the story of his fight, he made him a national hero, the "first champion of our civic battles".
Éva Circé-Côté
Éva Circé-Côté
Éva Circé-Côté , born Éva Circé in Montreal, was a journalist, a poet, a librarian and established the first public library in Montreal in 1903....
dedicated chapter V of her book Papineau - Son influence sur la pensée canadienne to "the one who inaugurated the most glorious period of our annals".
Works
- Mémoire sur la forme judiciaire actuelle de la Province de Québec, Quebec City, 1770
- Province de Québec, district de Montréal, Cour des plaidoyers communs, Brook Watson & Robert Rashleigh, négociants de Londres, stipulant pour eux, Pierre Panet, écuyer, fondé de leur procuration, demandeurs contre Pierre du calvet, de Montréal, écuyer, défendeur : défenses, 1778
- Mémoire en réponse à l'écrit public, de Me Panet, fondé de procuration de Watson & Rasleigh de Londres, demandeurs, contre Pierre du Calvet de Montréal, écuyer, défendeur [...], Quebec City, 1779
- The Case of Peter Du Calvet, Esq., of Montreal in the Province of Quebeck, containing, amongst other things worth notice, an account of the long and severe imprisonment he suffered in the said province [...], London, March 1784 (in collaboration with Francis Maseres and Peter Livius)
- Appel à la justice de l’État; ou recueil de lettres au roi, au prince de Galles, et aux ministres; avec une lettre à messieurs les Canadiens, ..., London, July 1784
External links
- Pierre du Calvet House, Montreal, tableau by Nancy Macina, Ward-Nasse Art Gallery
- Haldimand Collection