ugnacity was by
this time fully aroused, and he determined to fight his ground inch by
inch. After some delay, he caused himself to be taken before Chief
Justice Powell, at York, under a writ of _habeas corpus_, for the
purpose of being either discharged from custody or admitted to bail. The
argument was heard on the 8th of February, when several persons of
wealth and good social position presented themselves, and offered to
become responsible to any amount for his appearance whenever called upon
to stand his trial. The attorney who argued the cause on behalf of the
prisoner presented three affidavits, made respectively by the Honourable
Robert Hamilton, Peter Hamilton, and the prisoner himself, who, in order
to render his position doubly unassailable, had meanwhile taken the oath
of allegiance. In the first affidavit it was deposed that Mr. Gourlay
had been domiciliated at Queenston for more than nine months, and that
the deponent verily believed him to be a natural-born subject of Great
Britain. By the second it appeared that deponent had known Mr. Gourlay
in Britain, where he was respected, esteemed, and taken to be a British
subject; "and that he is so"--thus ran the affidavit--"this deponent
verily believes is notoriously true in this district." The prisoner's
own affidavit set forth that he was a British subject; that he had taken
the oath of allegiance, and that he had been an inhabitant of Upper
Canada for more than a year prior to the date of the warrant first
issued against him. There could hardly have been a clearer case. But the
prisoner's enlargement at this time would have been a triumph for him,
and would have made him a popular idol, which would not have comported
with the policy of the Unholy Inquisition at the capital. He was
remanded to jail, the Chief Justice indorsing judgment on the writ to
the effect that the warrant of commitment appeared to be regular, and
that the Act under which it was issued made no provision for bail or
main-prize.

When Mr. Gourlay was first placed in durance at Niagara he was possessed
of robust health, a vigorous frame, a seemingly unconquerable will, and
a perfervid enthusiasm for the cause of truth and justice. But his
sufferings during the ensuing six months were of a nature well
calculated to sap the health of the most robust, to rack the frame of an
athlete, to tame the wildest enthusiasm, and to subjugate the strongest
will. When we read of what the gentle and erudi